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the date the State program funded under this part com-
mences (unless an exception described in subparagraph
(B), (C), or (D) of paragraph (7) applies).
‘‘(2) REDUCTION OR ELIMINATION OF ASSISTANCE FOR NON-
COOPERATION IN ESTABLISHING PATERNITY OR OBTAINING CHILD
SUPPORT.—If the agency responsible for administering the State
plan approved under part D determines that an individual
is not cooperating with the State in establishing paternity
or in establishing, modifying, or enforcing a support order with
respect to a child of the individual, and the individual does
not qualify for any good cause or other exception established
by the State pursuant to section 454(29), then the State—
‘‘(A) shall deduct from the assistance that would other-
wise be provided to the family of the individual under
the State program funded under this part an amount equal
to not less than 25 percent of the amount of such assistance;
and
‘‘(B) may deny the family any assistance under the
State program.
‘‘(3) NO ASSISTANCE FOR FAMILIES NOT ASSIGNING CERTAIN
SUPPORT RIGHTS TO THE STATE.—
‘‘(A) IN GENERAL.—A State to which a grant is made
under section 403 shall require, as a condition of providing
assistance to a family under the State program funded
under this part, that a member of the family assign to
the State any rights the family member may have (on
behalf of the family member or of any other person for
whom the family member has applied for or is receiving
such assistance) to support from any other person, not
exceeding the total amount of assistance so provided to
the family, which accrue (or have accrued) before the date
the family leaves the program, which assignment, on and
after the date the family leaves the program, shall not
apply with respect to any support (other than support
collected pursuant to section 464) which accrued before
the family received such assistance and which the State
has not collected by—
‘‘(i) September 30, 2000, if the assignment is
executed on or after October 1, 1997, and before Octo-
ber 1, 2000; or
‘‘(ii) the date the family leaves the program, if
the assignment is executed on or after October 1, 2000.
‘‘(B) LIMITATION.—A State to which a grant is made
under section 403 shall not require, as a condition of provid-
ing assistance to any family under the State program
funded under this part, that a member of the family assign
to the State any rights to support described in subpara-
graph (A) which accrue after the date the family leaves
the program.
‘‘(4) NO ASSISTANCE FOR TEENAGE PARENTS WHO DO NOT
ATTEND HIGH SCHOOL OR OTHER EQUIVALENT TRAINING PRO-
GRAM.—A State to which a grant is made under section 403
shall not use any part of the grant to provide assistance to
an individual who has not attained 18 years of age, is not
married, has a minor child at least 12 weeks of age in his
or her care, and has not successfully completed a high-school
110 STAT. 2136 PUBLIC LAW 104–193—AUG. 22, 1996
grams that are funded under this title, title XIX, or the Food
Stamp Act of 1977, or benefits in 2 or more States under
the supplemental security income program under title XVI.
The preceding sentence shall not apply with respect to a convic-
tion of an individual, for any month beginning after the Presi-
dent of the United States grants a pardon with respect to
the conduct which was the subject of the conviction.
‘‘(9) DENIAL OF ASSISTANCE FOR FUGITIVE FELONS AND
PROBATION AND PAROLE VIOLATORS.—
‘‘(A) IN GENERAL.—A State to which a grant is made
under section 403 shall not use any part of the grant
to provide assistance to any individual who is—
‘‘(i) fleeing to avoid prosecution, or custody or
confinement after conviction, under the laws of the
place from which the individual flees, for a crime,
or an attempt to commit a crime, which is a felony
under the laws of the place from which the individual
flees, or which, in the case of the State of New Jersey,
is a high misdemeanor under the laws of such
State; or
‘‘(ii) violating a condition of probation or parole
imposed under Federal or State law.
The preceding sentence shall not apply with respect to
conduct of an individual, for any month beginning after
the President of the United States grants a pardon with
respect to the conduct.
‘‘(B) EXCHANGE OF INFORMATION WITH LAW ENFORCE-
MENT AGENCIES.—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 a Federal,
State, or local law enforcement officer, upon the request
of the officer, with the current address of any recipient
if the officer furnishes the agency with the name of the
recipient and notifies the agency that—
‘‘(i) the recipient—
‘‘(I) is described in subparagraph (A); or
‘‘(II) has information that is necessary for the
officer to conduct the official duties of the officer;
and
‘‘(ii) the location or apprehension of the recipient
is within such official duties.
‘‘(10) DENIAL OF ASSISTANCE FOR MINOR CHILDREN WHO
ARE ABSENT FROM THE HOME FOR A SIGNIFICANT PERIOD.—
‘‘(A) IN GENERAL.—A State to which a grant is made
under section 403 shall not use any part of the grant
to provide assistance for a minor child who has been,
or is expected by a parent (or other caretaker relative)
of the child to be, absent from the home for a period
of 45 consecutive days or, at the option of the State, such
period of not less than 30 and not more than 180 consecu-
tive days as the State may provide for in the State plan
submitted pursuant to section 402.
‘‘(B) STATE AUTHORITY TO ESTABLISH GOOD CAUSE
EXCEPTIONS.—The State may establish such good cause
110 STAT. 2140 PUBLIC LAW 104–193—AUG. 22, 1996
section for a prior fiscal year, the Secretary shall apply any
remaining amount of such penalties to the grant payable to
the State under section 403(a)(1) for the immediately succeeding
fiscal year.
42 USC 610. ‘‘SEC. 410. APPEAL OF ADVERSE DECISION.
‘‘(a) IN GENERAL.—Within 5 days after the date the Secretary
takes any adverse action under this part with respect to a State,
the Secretary shall notify the chief executive officer of the State
of the adverse action, including any action with respect to the
State plan submitted under section 402 or the imposition of a
penalty under section 409.
‘‘(b) ADMINISTRATIVE REVIEW.—
‘‘(1) IN GENERAL.—Within 60 days after the date a State
receives notice under subsection (a) of an adverse action, the
State may appeal the action, in whole or in part, to the Depart-
mental Appeals Board established in the Department of Health
and Human Services (in this section referred to as the ‘Board’)
by filing an appeal with the Board.
‘‘(2) PROCEDURAL RULES.—The Board shall consider an
appeal filed by a State under paragraph (1) on the basis of
such documentation as the State may submit and as the Board
may require to support the final decision of the Board. In
deciding whether to uphold an adverse action or any portion
of such an action, the Board shall conduct a thorough review
of the issues and take into account all relevant evidence. The
Board shall make a final determination with respect to an
appeal filed under paragraph (1) not less than 60 days after
the date the appeal is filed.
‘‘(c) JUDICIAL REVIEW OF ADVERSE DECISION.—
‘‘(1) IN GENERAL.—Within 90 days after the date of a final
decision by the Board under this section with respect to an
adverse action taken against a State, the State may obtain
judicial review of the final decision (and the findings incor-
porated into the final decision) by filing an action in—
‘‘(A) the district court of the United States for the
judicial district in which the principal or headquarters
office of the State agency is located; or
‘‘(B) the United States District Court for the District
of Columbia.
‘‘(2) PROCEDURAL RULES.—The district court in which an
action is filed under paragraph (1) shall review the final deci-
sion of the Board on the record established in the administrative
proceeding, in accordance with the standards of review pre-
scribed by subparagraphs (A) through (E) of section 706(2)
of title 5, United States Code. The review shall be on the
basis of the documents and supporting data submitted to the
Board.
42 USC 611. ‘‘SEC. 411. DATA COLLECTION AND REPORTING.
‘‘(a) QUARTERLY REPORTS BY STATES.—
‘‘(1) GENERAL REPORTING REQUIREMENT.—
‘‘(A) CONTENTS OF REPORT.—Each eligible State shall
collect on a monthly basis, and report to the Secretary
on a quarterly basis, the following disaggregated case
record information on the families receiving assistance
under the State program funded under this part:
‘‘(i) The county of residence of the family.
PUBLIC LAW 104–193—AUG. 22, 1996 110 STAT. 2149
(n) The Job Training Partnership Act (29 U.S.C. 1501 et seq.)
is amended—
(1) in section 4(29)(A)(i) (29 U.S.C. 1503(29)(A)(i)), by strik-
ing ‘‘(42 U.S.C. 601 et seq.)’’;
(2) in section 106(b)(6)(C) (29 U.S.C. 1516(b)(6)(C)), by strik-
ing ‘‘State aid to families with dependent children records,’’
and inserting ‘‘records collected under the State program funded
under part A of title IV of the Social Security Act,’’;
(3) in section 121(b)(2) (29 U.S.C. 1531(b)(2))—
(A) by striking ‘‘the JOBS program’’ and inserting ‘‘the
work activities required under title IV of the Social Security
Act’’; and
(B) by striking the second sentence;
(4) in section 123(c) (29 U.S.C. 1533(c))—
(A) in paragraph (1)(E), by repealing clause (vi); and
(B) in paragraph (2)(D), by repealing clause (v);
(5) in section 203(b)(3) (29 U.S.C. 1603(b)(3)), by striking
‘‘, including recipients under the JOBS program’’;
(6) in subparagraphs (A) and (B) of section 204(a)(1) (29
U.S.C. 1604(a)(1) (A) and (B)), by striking ‘‘(such as the JOBS
program)’’ each place it appears;
(7) in section 205(a) (29 U.S.C. 1605(a)), by striking para-
graph (4) and inserting the following:
‘‘(4) the portions of title IV of the Social Security Act
relating to work activities;’’;
(8) in section 253 (29 U.S.C. 1632)—
(A) in subsection (b)(2), by repealing subparagraph (C);
and
(B) in paragraphs (1)(B) and (2)(B) of subsection (c),
by striking ‘‘the JOBS program or’’ each place it appears;
(9) in section 264 (29 U.S.C. 1644)—
(A) in subparagraphs (A) and (B) of subsection (b)(1),
by striking ‘‘(such as the JOBS program)’’ each place it
appears; and
(B) in subparagraphs (A) and (B) of subsection (d)(3),
by striking ‘‘and the JOBS program’’ each place it appears;
(10) in section 265(b) (29 U.S.C. 1645(b)), by striking para-
graph (6) and inserting the following:
‘‘(6) the portion of title IV of the Social Security Act relating
to work activities;’’;
(11) in the second sentence of section 429(e) (29 U.S.C.
1699(e)), by striking ‘‘and shall be in an amount that does
not exceed the maximum amount that may be provided by
the State pursuant to section 402(g)(1)(C) of the Social Security
Act (42 U.S.C. 602(g)(1)(C))’’;
(12) in section 454(c) (29 U.S.C. 1734(c)), by striking
‘‘JOBS and’’;
(13) in section 455(b) (29 U.S.C. 1735(b)), by striking ‘‘the
JOBS program,’’;
(14) in section 501(1) (29 U.S.C. 1791(1)), by striking ‘‘aid
to families with dependent children under part A of title IV
of the Social Security Act (42 U.S.C. 601 et seq.)’’ and inserting
‘‘assistance under the State program funded under part A of
title IV of the Social Security Act’’;
(15) in section 506(1)(A) (29 U.S.C. 1791e(1)(A)), by striking
‘‘aid to families with dependent children’’ and inserting ‘‘assist-
ance under the State program funded’’;
PUBLIC LAW 104–193—AUG. 22, 1996 110 STAT. 2175
‘‘SEC. 1931. (a) REFERENCES TO TITLE IV–A ARE REFERENCES 42 USC 1396u–1.
TO PRE-WELFARE-REFORM PROVISIONS.—Subject to the succeeding
provisions of this section, with respect to a State any reference
in this title (or any other provision of law in relation to the operation
of this title) to a provision of part A of title IV, or a State plan
under such part (or a provision of such a plan), including income
and resource standards and income and resource methodologies
under such part or plan, shall be considered a reference to such
a provision or plan as in effect as of July 16, 1996, with respect
to the State.
‘‘(b) APPLICATION OF PRE-WELFARE-REFORM ELIGIBILITY
CRITERIA.—
‘‘(1) IN GENERAL.—For purposes of this title, subject to
paragraphs (2) and (3), in determining eligibility for medical
assistance—
‘‘(A) an individual shall be treated as receiving aid
or assistance under a State plan approved under part A
of title IV only if the individual meets—
110 STAT. 2178 PUBLIC LAW 104–193—AUG. 22, 1996
individual or, if the interest of the individual under this title would
be served thereby, to the individual.
‘‘(V) Subclause (III) shall not apply to the representative payee
of any individual with respect to whom the Commissioner deter-
mines such application would be inappropriate or unnecessary.
In making such determination, the Commissioner shall take into
consideration the nature of the individual’s impairment (or combina-
tion of impairments). Section 1631(c) shall not apply to a finding
by the Commissioner that the requirements of subclause (III) should
not apply to an individual’s representative payee.’’.
42 USC 1382c (d) EFFECTIVE DATE.—The amendments made by this section
note. shall apply to benefits for months beginning on or after the date
of the enactment of this Act, without regard to whether regulations
have been issued to implement such amendments.
SEC. 213. ADDITIONAL ACCOUNTABILITY REQUIREMENTS.
(a) REQUIREMENT TO ESTABLISH ACCOUNT.—Section 1631(a)(2)
(42 U.S.C. 1383(a)(2)) is amended—
(1) by redesignating subparagraphs (F) and (G) as subpara-
graphs (G) and (H), respectively; and
(2) by inserting after subparagraph (E) the following new
subparagraph:
‘‘(F)(i)(I) Each representative payee of an eligible individual
under the age of 18 who is eligible for the payment of benefits
described in subclause (II) shall establish on behalf of such individ-
ual an account in a financial institution into which such benefits
shall be paid, and shall thereafter maintain such account for use
in accordance with clause (ii).
‘‘(II) Benefits described in this subclause are past-due monthly
benefits under this title (which, for purposes of this subclause,
include State supplementary payments made by the Commissioner
pursuant to an agreement under section 1616 or section 212(b)
of Public Law 93–66) in an amount (after any withholding by
the Commissioner for reimbursement to a State for interim assist-
ance under subsection (g)) that exceeds the product of—
‘‘(aa) 6, and
‘‘(bb) the maximum monthly benefit payable under this
title to an eligible individual.
‘‘(ii)(I) A representative payee shall use funds in the account
established under clause (i) to pay for allowable expenses described
in subclause (II).
‘‘(II) An allowable expense described in this subclause is an
expense for—
‘‘(aa) education or job skills training;
‘‘(bb) personal needs assistance;
‘‘(cc) special equipment;
‘‘(dd) housing modification;
‘‘(ee) medical treatment;
‘‘(ff) therapy or rehabilitation; or
‘‘(gg) any other item or service that the Commissioner
determines to be appropriate;
provided that such expense benefits such individual and, in the
case of an expense described in item (bb), (cc), (dd), (ff), or (gg),
is related to the impairment (or combination of impairments) of
such individual.
‘‘(III) The use of funds from an account established under
clause (i) in any manner not authorized by this clause—
PUBLIC LAW 104–193—AUG. 22, 1996 110 STAT. 2195
‘‘SEC. 1637. (a) Not later than May 30 of each year, the Commis- 42 USC 1383f.
sioner of Social Security shall prepare and deliver a report annually
to the President and the Congress regarding the program under
this title, including—
‘‘(1) a comprehensive description of the program;
‘‘(2) historical and current data on allowances and denials,
including number of applications and allowance rates for initial
110 STAT. 2198 PUBLIC LAW 104–193—AUG. 22, 1996
Act of 1996), the State share for the fiscal year shall be an amount
equal to the State share in fiscal year 1995.
‘‘(e) GAP PAYMENTS NOT SUBJECT TO DISTRIBUTION UNDER THIS
SECTION.—At State option, this section shall not apply to any
amount collected on behalf of a family as support by the State
(and paid to the family in addition to the amount of assistance
otherwise payable to the family) pursuant to a plan approved under
this part if such amount would have been paid to the family
by the State under section 402(a)(28), as in effect and applied
on the day before the date of the enactment of section 302 of
the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996. For purposes of subsection (d), the State share of
such amount paid to the family shall be considered amounts which
could be retained by the State if such payments were reported
by the State as part of the State share of amounts collected in
fiscal year 1995.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 464(a)(1) (42 U.S.C. 664(a)(1)) is amended by
striking ‘‘section 457(b)(4) or (d)(3)’’ and inserting ‘‘section 457’’.
(2) Section 454 (42 U.S.C. 654) is amended—
(A) in paragraph (11)—
(i) by striking ‘‘(11)’’ and inserting ‘‘(11)(A)’’; and
(ii) by inserting after the semicolon ‘‘and’’; and
(B) by redesignating paragraph (12) as subparagraph
(B) of paragraph (11).
42 USC 657 note. (c) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as provided in paragraph (2),
the amendments made by this section shall be effective on
October 1, 1996, or earlier at the State’s option.
(2) CONFORMING AMENDMENTS.—The amendments made by
subsection (b)(2) shall become effective on the date of the enact-
ment of this Act.
SEC. 303. PRIVACY SAFEGUARDS.
(a) STATE PLAN REQUIREMENT.—Section 454 (42 U.S.C. 654),
as amended by section 301(b) of this Act, is amended—
(1) by striking ‘‘and’’ at the end of paragraph (24);
(2) by striking the period at the end of paragraph (25)
and inserting ‘‘; and’’; and
(3) by adding after paragraph (25) the following new para-
graph:
‘‘(26) will have in effect safeguards, applicable to all con-
fidential information handled by the State agency, that are
designed to protect the privacy rights of the parties, including—
‘‘(A) safeguards against unauthorized use or disclosure
of information relating to proceedings or actions to establish
paternity, or to establish or enforce support;
‘‘(B) prohibitions against the release of information
on the whereabouts of 1 party to another party against
whom a protective order with respect to the former party
has been entered; and
‘‘(C) prohibitions against the release of information
on the whereabouts of 1 party to another party if the
State has reason to believe that the release of the informa-
tion may result in physical or emotional harm to the former
party.’’.
PUBLIC LAW 104–193—AUG. 22, 1996 110 STAT. 2205
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 42 USC 654 note.
shall become effective on October 1, 1997.
SEC. 304. RIGHTS TO NOTIFICATION OF HEARINGS.
(a) IN GENERAL.—Section 454 (42 U.S.C. 654), as amended
by section 302(b)(2) of this Act, is amended by inserting after
paragraph (11) the following new paragraph:
‘‘(12) provide for the establishment of procedures to require
the State to provide individuals who are applying for or receiv-
ing services under the State plan, or who are parties to cases
in which services are being provided under the State plan—
‘‘(A) with notice of all proceedings in which support
obligations might be established or modified; and
‘‘(B) with a copy of any order establishing or modifying
a child support obligation, or (in the case of a petition
for modification) a notice of determination that there should
be no change in the amount of the child support award,
within 14 days after issuance of such order or determina-
tion;’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 42 USC 654 note.
shall become effective on October 1, 1997.
Locator Service under this section, to the extent such costs are
not recovered through user fees.’’.
SEC. 346. REPORTS AND DATA COLLECTION BY THE SECRETARY.
(a) ANNUAL REPORT TO CONGRESS.—
(1) Section 452(a)(10)(A) (42 U.S.C. 652(a)(10)(A)) is
amended—
(A) by striking ‘‘this part;’’ and inserting ‘‘this part,
including—’’; and
(B) by adding at the end the following new clauses:
‘‘(i) the total amount of child support payments
collected as a result of services furnished during the
fiscal year to individuals receiving services under this
part;
‘‘(ii) the cost to the States and to the Federal
Government of so furnishing the services; and
‘‘(iii) the number of cases involving families—
‘‘(I) who became ineligible for assistance under
State programs funded under part A during a
month in the fiscal year; and
‘‘(II) with respect to whom a child support
payment was received in the month;’’.
(2) Section 452(a)(10)(C) (42 U.S.C. 652(a)(10)(C)) is
amended—
(A) in the matter preceding clause (i)—
(i) by striking ‘‘with the data required under each
clause being separately stated for cases’’ and inserting
‘‘separately stated for cases’’;
(ii) by striking ‘‘cases where the child was formerly
receiving’’ and inserting ‘‘or formerly received’’;
(iii) by inserting ‘‘or 1912’’ after ‘‘471(a)(17)’’; and
(iv) by inserting ‘‘for’’ before ‘‘all other’’;
(B) in each of clauses (i) and (ii), by striking ‘‘, and
the total amount of such obligations’’;
(C) in clause (iii), by striking ‘‘described in’’ and all
that follows and inserting ‘‘in which support was collected
during the fiscal year;’’;
(D) by striking clause (iv); and
(E) by redesignating clause (v) as clause (vii), and
inserting after clause (iii) the following new clauses:
‘‘(iv) the total amount of support collected during
such fiscal year and distributed as current support;
‘‘(v) the total amount of support collected during
such fiscal year and distributed as arrearages;
‘‘(vi) the total amount of support due and unpaid
for all fiscal years; and’’.
(3) Section 452(a)(10)(G) (42 U.S.C. 652(a)(10)(G)) is
amended by striking ‘‘on the use of Federal courts and’’.
(4) Section 452(a)(10) (42 U.S.C. 652(a)(10)) is amended—
(A) in subparagraph (H), by striking ‘‘and’’;
(B) in subparagraph (I), by striking the period and
inserting ‘‘; and’’; and
(C) by inserting after subparagraph (I) the following
new subparagraph:
‘‘(J) compliance, by State, with the standards estab-
lished pursuant to subsections (h) and (i).’’.
PUBLIC LAW 104–193—AUG. 22, 1996 110 STAT. 2239
with this section and the regulations issued to carry out this
section.
‘‘(2) No Federal employee whose duties include taking
actions necessary to comply with the requirements of subsection
(a) with regard to any individual shall be subject under any
law to any disciplinary action or civil or criminal liability or
penalty for, or on account of, any disclosure of information
made by the employee in connection with the carrying out
of such actions.
‘‘(g) REGULATIONS.—Authority to promulgate regulations for the
implementation of this section shall, insofar as this section applies
to moneys due from (or payable by)—
‘‘(1) the United States (other than the legislative or judicial
branches of the Federal Government) or the government of
the District of Columbia, be vested in the President (or the
designee of the President);
‘‘(2) the legislative branch of the Federal Government, be
vested jointly in the President pro tempore of the Senate and
the Speaker of the House of Representatives (or their des-
ignees), and
‘‘(3) the judicial branch of the Federal Government, be
vested in the Chief Justice of the United States (or the designee
of the Chief Justice).
‘‘(h) MONEYS SUBJECT TO PROCESS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), moneys paid
or payable to an individual which are considered to be based
upon remuneration for employment, for purposes of this
section—
‘‘(A) consist of—
‘‘(i) compensation paid or payable for personal
services of the individual, whether the compensation
is denominated as wages, salary, commission, bonus,
pay, allowances, or otherwise (including severance pay,
sick pay, and incentive pay);
‘‘(ii) periodic benefits (including a periodic benefit
as defined in section 228(h)(3)) or other payments—
‘‘(I) under the insurance system established
by title II;
‘‘(II) under any other system or fund estab-
lished by the United States which provides for
the payment of pensions, retirement or retired pay,
annuities, dependents’ or survivors’ benefits, or
similar amounts payable on account of personal
services performed by the individual or any other
individual;
‘‘(III) as compensation for death under any
Federal program;
‘‘(IV) under any Federal program established
to provide ‘black lung’ benefits; or
‘‘(V) by the Secretary of Veterans Affairs as
compensation for a service-connected disability
paid by the Secretary to a former member of the
Armed Forces who is in receipt of retired or
retainer pay if the former member has waived
a portion of the retired or retainer pay in order
to receive such compensation; and
PUBLIC LAW 104–193—AUG. 22, 1996 110 STAT. 2245
‘‘(3) ALIMONY.—
‘‘(A) IN GENERAL.—The term ‘alimony’, when used in
reference to the legal obligations of an individual to provide
the same, means periodic payments of funds for the support
and maintenance of the spouse (or former spouse) of the
individual, and (subject to and in accordance with State
law) includes separate maintenance, alimony pendente lite,
maintenance, and spousal support, and includes attorney’s
fees, interest, and court costs when and to the extent
that the same are expressly made recoverable as such
pursuant to a decree, order, or judgment issued in accord-
ance with applicable State law by a court of competent
jurisdiction.
‘‘(B) EXCEPTIONS.—Such term does not include—
‘‘(i) any child support; or
‘‘(ii) any payment or transfer of property or its
value by an individual to the spouse or a former spouse
of the individual in compliance with any community
property settlement, equitable distribution of property,
or other division of property between spouses or former
spouses.
‘‘(4) PRIVATE PERSON.—The term ‘private person’ means
a person who does not have sovereign or other special immunity
or privilege which causes the person not to be subject to legal
process.
‘‘(5) LEGAL PROCESS.—The term ‘legal process’ means any
writ, order, summons, or other similar process in the nature
of garnishment—
‘‘(A) which is issued by—
‘‘(i) a court or an administrative agency of com-
petent jurisdiction in any State, territory, or possession
of the United States;
‘‘(ii) a court or an administrative agency of com-
petent jurisdiction in any foreign country with which
the United States has entered into an agreement which
requires the United States to honor the process; or
‘‘(iii) an authorized official pursuant to an order
of such a court or an administrative agency of com-
petent jurisdiction or pursuant to State or local law;
and
‘‘(B) which is directed to, and the purpose of which
is to compel, a governmental entity which holds moneys
which are otherwise payable to an individual to make
a payment from the moneys to another party in order
to satisfy a legal obligation of the individual to provide
child support or make alimony payments.’’.
(b) CONFORMING AMENDMENTS.—
(1) TO PART D OF TITLE IV.—Sections 461 and 462 (42
U.S.C. 661 and 662) are repealed.
(2) TO TITLE 5, UNITED STATES CODE.—Section 5520a of
title 5, United States Code, is amended, in subsections (h)(2)
and (i), by striking ‘‘sections 459, 461, and 462 of the Social
Security Act (42 U.S.C. 659, 661, and 662)’’ and inserting ‘‘sec-
tion 459 of the Social Security Act (42 U.S.C. 659)’’.
(c) MILITARY RETIRED AND RETAINER PAY.—
(1) DEFINITION OF COURT.—Section 1408(a)(1) of title 10,
United States Code, is amended—
PUBLIC LAW 104–193—AUG. 22, 1996 110 STAT. 2247
and which may include related costs and fees, interest and penalties,
income withholding, attorneys’ fees, and other relief.’’.
SEC. 367. REPORTING ARREARAGES TO CREDIT BUREAUS.
Section 466(a)(7) (42 U.S.C. 666(a)(7)) is amended to read as
follows:
‘‘(7) REPORTING ARREARAGES TO CREDIT BUREAUS.—
‘‘(A) IN GENERAL.—Procedures (subject to safeguards
pursuant to subparagraph (B)) requiring the State to report
periodically to consumer reporting agencies (as defined in
section 603(f) of the Fair Credit Reporting Act (15 U.S.C.
1681a(f)) the name of any noncustodial parent who is delin-
quent in the payment of support, and the amount of over-
due support owed by such parent.
‘‘(B) SAFEGUARDS.—Procedures ensuring that, in carry-
ing out subparagraph (A), information with respect to a
noncustodial parent is reported—
‘‘(i) only after such parent has been afforded all
due process required under State law, including notice
and a reasonable opportunity to contest the accuracy
of such information; and
‘‘(ii) only to an entity that has furnished evidence
satisfactory to the State that the entity is a consumer
reporting agency (as so defined).’’.
SEC. 368. LIENS.
Section 466(a)(4) (42 U.S.C. 666(a)(4)) is amended to read
as follows:
‘‘(4) LIENS.—Procedures under which—
‘‘(A) liens arise by operation of law against real and
personal property for amounts of overdue support owed
by a noncustodial parent who resides or owns property
in the State; and
‘‘(B) the State accords full faith and credit to liens
described in subparagraph (A) arising in another State,
when the State agency, party, or other entity seeking to
enforce such a lien complies with the procedural rules
relating to recording or serving liens that arise within
the State, except that such rules may not require judicial
notice or hearing prior to the enforcement of such a lien.’’.
SEC. 369. STATE LAW AUTHORIZING SUSPENSION OF LICENSES.
Section 466(a) (42 U.S.C. 666(a)), as amended by sections 315,
317, 323, and 365 of this Act, is amended by inserting after para-
graph (15) the following:
‘‘(16) AUTHORITY TO WITHHOLD OR SUSPEND LICENSES.—
Procedures under which the State has (and uses in appropriate
cases) authority to withhold or suspend, or to restrict the use
of driver’s licenses, professional and occupational licenses, and
recreational licenses of individuals owing overdue support or
failing, after receiving appropriate notice, to comply with
subpoenas or warrants relating to paternity or child support
proceedings.’’.
SEC. 370. DENIAL OF PASSPORTS FOR NONPAYMENT OF CHILD
SUPPORT.
(a) HHS CERTIFICATION PROCEDURE.—
110 STAT. 2252 PUBLIC LAW 104–193—AUG. 22, 1996
under section 403) during the period for which such qualifying
quarter of coverage is so credited.
is amended by striking ‘‘, and its plans and schedule for informing
service institutions of the availability of the program’’.
(j) PLAN.—Section 13(n) of the National School Lunch Act (42
U.S.C. 1761(n)), as amended by subsection (i), is amended—
(1) in paragraph (2), by striking ‘‘, including the State’s
methods of assessing need’’;
(2) by striking paragraph (3);
(3) in paragraph (4), by striking ‘‘and schedule’’; and
(4) by redesignating paragraphs (4) through (7) as para-
graphs (3) through (6), respectively.
(k) MONITORING AND TRAINING.—Section 13(q) of the National
School Lunch Act (42 U.S.C. 1761(q)) is amended—
(1) by striking paragraphs (2) and (4);
(2) in paragraph (3), by striking ‘‘paragraphs (1) and (2)
of this subsection’’ and inserting ‘‘paragraph (1)’’; and
(3) by redesignating paragraph (3) as paragraph (2).
(l) EXPIRED PROGRAM.—Section 13 of the National School Lunch
Act (42 U.S.C. 1761) is amended—
(1) by striking subsection (p); and
(2) by redesignating subsections (q) and (r) as subsections
(p) and (q), respectively.
(m) EFFECTIVE DATE.—The amendments made by subsection 42 USC 1761
(b) shall become effective on January 1, 1997. note.
SEC. 707. COMMODITY DISTRIBUTION.
(a) CEREAL AND SHORTENING IN COMMODITY DONATIONS.—Sec-
tion 14(b) of the National School Lunch Act (42 U.S.C. 1762a(b))
is amended—
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively.
(b) STATE ADVISORY COUNCIL.—Section 14(e) of the National
School Lunch Act (42 U.S.C. 1762a(e)) is amended to read as follows:
‘‘(e) Each State agency that receives food assistance payments
under this section for any school year shall consult with representa-
tives of schools in the State that participate in the school lunch
program with respect to the needs of such schools relating to the
manner of selection and distribution of commodity assistance for
such program.’’.
(c) CASH COMPENSATION FOR PILOT PROJECT SCHOOLS.—Section
14(g) of the National School Lunch Act (42 U.S.C. 1762a(g)) is
amended by striking paragraph (3).
SEC. 708. CHILD AND ADULT CARE FOOD PROGRAM.
(a) ESTABLISHMENT OF PROGRAM.—Section 17 of the National
School Lunch Act (42 U.S.C. 1766) is amended in the first sentence
of subsection (a), by striking ‘‘initiate, maintain, and expand’’ and
inserting ‘‘initiate and maintain’’.
(b) PAYMENTS TO SPONSOR EMPLOYEES.—Paragraph (2) of the
last sentence of section 17(a) of the National School Lunch Act
(42 U.S.C. 1766(a)) is amended—
(1) in subparagraph (B), by striking ‘‘and’’ at the end;
(2) in subparagraph (C), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(D) in the case of a family or group day care home
sponsoring organization that employs more than one
employee, the organization does not base payments to an
110 STAT. 2294 PUBLIC LAW 104–193—AUG. 22, 1996
(a) COORDINATION.—
(1) IN GENERAL.—The Secretary of Agriculture shall develop
proposed changes to the regulations under the school lunch
program under the National School Lunch Act (42 U.S.C. 1751
et seq.), the summer food service program under section 13
of that Act (42 U.S.C. 1761), and the school breakfast program
under section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773), for the purpose of simplifying and coordinating those
programs into a comprehensive meal program.
(2) CONSULTATION.—In developing proposed changes to the
regulations under paragraph (1), the Secretary of Agriculture
shall consult with local, State, and regional administrators
of the programs described in such paragraph.
(b) REPORT.—Not later than November 1, 1997, the Secretary
of Agriculture shall submit to the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate and the Committee on Economic
and Educational Opportunities of the House of Representatives
a report containing the proposed changes developed under sub-
section (a).
SEC. 742. REQUIREMENTS RELATING TO PROVISION OF BENEFITS 8 USC 1615.
BASED ON CITIZENSHIP, ALIENAGE, OR IMMIGRATION
STATUS UNDER THE NATIONAL SCHOOL LUNCH ACT, THE
CHILD NUTRITION ACT OF 1966, AND CERTAIN OTHER
ACTS.
(a) SCHOOL LUNCH AND BREAKFAST PROGRAMS.—Notwithstand-
ing any other provision of this Act, an individual who is eligible
to receive free public education benefits under State or local law
shall not be ineligible to receive benefits provided under the school
lunch program under the National School Lunch Act (42 U.S.C.
1751 et seq.) or the school breakfast program under section 4
of the Child Nutrition Act of 1966 (42 U.S.C. 1773) on the basis
of citizenship, alienage, or immigration status.
(b) OTHER PROGRAMS.—
(1) IN GENERAL.—Nothing in this Act shall prohibit or
require a State to provide to an individual who is not a citizen
or a qualified alien, as defined in section 431(b), benefits under
programs established under the provisions of law described
in paragraph (2).
(2) PROVISIONS OF LAW DESCRIBED.—The provisions of law
described in this paragraph are the following:
(A) Programs (other than the school lunch program
and the school breakfast program) under the National
School Lunch Act (42 U.S.C. 1751 et seq.) and the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
110 STAT. 2308 PUBLIC LAW 104–193—AUG. 22, 1996
ing program shall receive not less than $50,000 for each
fiscal year.’’.
(c) ADDITIONAL MATCHING FUNDS.—Section 16(h)(2) of the Food
Stamp Act of 1977 (7 U.S.C. 2025(h)(2)) is amended by inserting
before the period at the end the following: ‘‘, including the costs
for case management and casework to facilitate the transition from
economic dependency to self-sufficiency through work’’.
(d) REPORTS.—Section 16(h) of the Food Stamp Act of 1977
(7 U.S.C. 2025(h)) is amended—
(1) in paragraph (5)—
(A) by striking ‘‘(5)(A) The Secretary’’ and inserting
‘‘(5) The Secretary’’; and
(B) by striking subparagraph (B); and
(2) by striking paragraph (6).
SEC. 818. FOOD STAMP ELIGIBILITY.
The third sentence of section 6(f) of the Food Stamp Act of
1977 (7 U.S.C. 2015(f)) is amended by inserting ‘‘, at State option,’’
after ‘‘less’’.
SEC. 819. COMPARABLE TREATMENT FOR DISQUALIFICATION.
(a) IN GENERAL.—Section 6 of the Food Stamp Act of 1977
(7 U.S.C. 2015) is amended by adding at the end the following:
‘‘(i) COMPARABLE TREATMENT FOR DISQUALIFICATION.—
‘‘(1) IN GENERAL.—If a disqualification is imposed on a
member of a household for a failure of the member to perform
an action required under a Federal, State, or local law relating
to a means-tested public assistance program, the State agency
may impose the same disqualification on the member of the
household under the food stamp program.
‘‘(2) RULES AND PROCEDURES.—If a disqualification is
imposed under paragraph (1) for a failure of an individual
to perform an action required under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.), the State agency
may use the rules and procedures that apply under part A
of title IV of the Act to impose the same disqualification under
the food stamp program.
‘‘(3) APPLICATION AFTER DISQUALIFICATION PERIOD.—A
member of a household disqualified under paragraph (1) may,
after the disqualification period has expired, apply for benefits
under this Act and shall be treated as a new applicant, except
that a prior disqualification under subsection (d) shall be consid-
ered in determining eligibility.’’.
(b) STATE PLAN PROVISIONS.—Section 11(e) of the Food Stamp
Act of 1977 (7 U.S.C. 2020(e)) is amended—
(1) in paragraph (24), by striking ‘‘and’’ at the end;
(2) in paragraph (25), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(26) the guidelines the State agency uses in carrying out
section 6(i); and’’.
(c) CONFORMING AMENDMENT.—Section 6(d)(2)(A) of the Food
Stamp Act of 1977 (7 U.S.C. 2015(d)(2)(A)) is amended by striking
‘‘that is comparable to a requirement of paragraph (1)’’.
PUBLIC LAW 104–193—AUG. 22, 1996 110 STAT. 2321
SEC. 820. DISQUALIFICATION FOR RECEIPT OF MULTIPLE FOOD
STAMP BENEFITS.
Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015),
as amended by section 819, is amended by adding at the end
the following:
‘‘(j) DISQUALIFICATION FOR RECEIPT OF MULTIPLE FOOD STAMP
BENEFITS.—An individual shall be ineligible to participate in the
food stamp program as a member of any household for a 10-
year period if the individual is found by a State agency to have
made, or is convicted in a Federal or State court of having made,
a fraudulent statement or representation with respect to the iden-
tity or place of residence of the individual in order to receive
multiple benefits simultaneously under the food stamp program.’’.
SEC. 821. DISQUALIFICATION OF FLEEING FELONS.
Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015),
as amended by section 820, is amended by adding at the end
the following:
‘‘(k) DISQUALIFICATION OF FLEEING FELONS.—No member of
a household who is otherwise eligible to participate in the food
stamp program shall be eligible to participate in the program as
a member of that or any other household during any period during
which the individual is—
‘‘(1) fleeing to avoid prosecution, or custody or confinement
after conviction, under the law of the place from which the
individual is fleeing, for a crime, or attempt to commit a crime,
that is a felony under the law of the place from which the
individual is fleeing or that, in the case of New Jersey, is
a high misdemeanor under the law of New Jersey; or
‘‘(2) violating a condition of probation or parole imposed
under a Federal or State law.’’.
SEC. 822. COOPERATION WITH CHILD SUPPORT AGENCIES.
Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015),
as amended by section 821, is amended by adding at the end
the following:
‘‘(l) CUSTODIAL PARENT’S COOPERATION WITH CHILD SUPPORT
AGENCIES.—
‘‘(1) IN GENERAL.—At the option of a State agency, subject
to paragraphs (2) and (3), no natural or adoptive parent or
other individual (collectively referred to in this subsection as
‘the individual’) who is living with and exercising parental
control over a child under the age of 18 who has an absent
parent shall be eligible to participate in the food stamp program
unless the individual cooperates with the State agency admin-
istering the program established under part D of title IV of
the Social Security Act (42 U.S.C. 651 et seq.)—
‘‘(A) in establishing the paternity of the child (if the
child is born out of wedlock); and
‘‘(B) in obtaining support for—
‘‘(i) the child; or
‘‘(ii) the individual and the child.
‘‘(2) GOOD CAUSE FOR NONCOOPERATION.—Paragraph (1) Regulations.
shall not apply to the individual if good cause is found for
refusing to cooperate, as determined by the State agency in
accordance with standards prescribed by the Secretary in con-
sultation with the Secretary of Health and Human Services.
110 STAT. 2322 PUBLIC LAW 104–193—AUG. 22, 1996
judicial review, the Secretary shall not be liable for the value
of any sales lost during the disqualification period.’’.
SEC. 846. EXPANDED CRIMINAL FORFEITURE FOR VIOLATIONS.
(a) FORFEITURE OF ITEMS EXCHANGED IN FOOD STAMP
TRAFFICKING.—The first sentence of section 15(g) of the Food Stamp
Act of 1977 (7 U.S.C. 2024(g)) is amended by striking ‘‘or intended
to be furnished’’.
(b) CRIMINAL FORFEITURE.—Section 15 of the Food Stamp Act
of 1977 (7 U.S.C. 2024) is amended by adding at the end the
following:
‘‘(h) CRIMINAL FORFEITURE.—
‘‘(1) IN GENERAL.—In imposing a sentence on a person
convicted of an offense in violation of subsection (b) or (c),
a court shall order, in addition to any other sentence imposed
under this section, that the person forfeit to the United States
all property described in paragraph (2).
‘‘(2) PROPERTY SUBJECT TO FORFEITURE.—All property, real
and personal, used in a transaction or attempted transaction,
to commit, or to facilitate the commission of, a violation (other
than a misdemeanor) of subsection (b) or (c), or proceeds trace-
able to a violation of subsection (b) or (c), shall be subject
to forfeiture to the United States under paragraph (1).
‘‘(3) INTEREST OF OWNER.—No interest in property shall
be forfeited under this subsection as the result of any act
or omission established by the owner of the interest to have
been committed or omitted without the knowledge or consent
of the owner.
‘‘(4) PROCEEDS.—The proceeds from any sale of forfeited
property and any monies forfeited under this subsection shall
be used—
‘‘(A) first, to reimburse the Department of Justice for
the costs incurred by the Department to initiate and com-
plete the forfeiture proceeding;
‘‘(B) second, to reimburse the Department of Agri-
culture Office of Inspector General for any costs the Office
incurred in the law enforcement effort resulting in the
forfeiture;
‘‘(C) third, to reimburse any Federal or State law
enforcement agency for any costs incurred in the
law enforcement effort resulting in the forfeiture; and
‘‘(D) fourth, by the Secretary to carry out the approval,
reauthorization, and compliance investigations of retail
stores and wholesale food concerns under section 9.’’.
SEC. 847. LIMITATION ON FEDERAL MATCH.
Section 16(a)(4) of the Food Stamp Act of 1977 (7 U.S.C.
2025(a)(4)) is amended by inserting after the comma at the end
the following: ‘‘but not including recruitment activities,’’.
SEC. 848. STANDARDS FOR ADMINISTRATION.
(a) IN GENERAL.—Section 16 of the Food Stamp Act of 1977
(7 U.S.C. 2025) is amended by striking subsection (b).
(b) CONFORMING AMENDMENTS.—
(1) The first sentence of section 11(g) of the Food Stamp
Act of 1977 (7 U.S.C. 2020(g)) is amended by striking ‘‘the
Secretary’s standards for the efficient and effective administra-
tion of the program established under section 16(b)(1) or’’.
PUBLIC LAW 104–193—AUG. 22, 1996 110 STAT. 2335
TITLE IX—MISCELLANEOUS
SEC. 901. APPROPRIATION BY STATE LEGISLATURES. 42 USC 601 note.
(a) IN GENERAL.—Any funds received by a State under the
provisions of law specified in subsection (b) shall be subject to
appropriation by the State legislature, consistent with the terms
and conditions required under such provisions of law.
(b) PROVISIONS OF LAW.—The provisions of law specified in
this subsection are the following:
(1) Part A of title IV of the Social Security Act (relating
to block grants for temporary assistance for needy families).
(2) The Child Care and Development Block Grant Act of
1990 (relating to block grants for child care).
SEC. 902. SANCTIONING FOR TESTING POSITIVE FOR CONTROLLED 21 USC 862b.
SUBSTANCES.
Notwithstanding any other provision of law, States shall not
be prohibited by the Federal Government from testing welfare
recipients for use of controlled substances nor from sanctioning
welfare recipients who test positive for use of controlled substances.
110 STAT. 2348 PUBLIC LAW 104–193—AUG. 22, 1996
SEC. 903. ELIMINATION OF HOUSING ASSISTANCE WITH RESPECT TO
FUGITIVE FELONS AND PROBATION AND PAROLE
VIOLATORS.
(a) ELIGIBILITY FOR ASSISTANCE.—The United States Housing
Act of 1937 (42 U.S.C. 1437 et seq.) is amended—
42 USC 1437d. (1) in section 6(l)—
(A) in paragraph (5), by striking ‘‘and’’ at the end;
(B) in paragraph (6), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by inserting immediately after paragraph (6) the
following new paragraph:
‘‘(7) provide that it shall be cause for immediate termination
of the tenancy of a public housing tenant if such tenant—
‘‘(A) is fleeing to avoid prosecution, or custody or
confinement after conviction, under the laws of the place
from which the individual flees, for a crime, or attempt
to commit a crime, which is a felony under the laws of
the place from which the individual
flees, or which, in the case of the State of New Jersey,
is a high misdemeanor under the laws of such State; or
‘‘(2) is violating a condition of probation or parole imposed
under Federal or State law.’’; and
42 USC 1437f. (2) in section 8(d)(1)(B)—
(A) in clause (iii), by striking ‘‘and’’ at the end;
(B) in clause (iv), by striking the period at the end
and inserting ‘‘; and’’; and
(C) by adding after clause (iv) the following new clause:
‘‘(v) it shall be cause for termination of the tenancy
of a tenant if such tenant—
‘‘(I) is fleeing to avoid prosecution, or custody
or confinement after conviction, under the laws
of the place from which the individual flees, for
a crime, or attempt to commit a crime, which
is a felony under the laws of the place from which
the individual flees, or which, in the case of the
State of New Jersey, is a high misdemeanor under
the laws of such State; or
‘‘(II) is violating a condition of probation or
parole imposed under Federal or State law;’’.
(b) PROVISION OF INFORMATION TO LAW ENFORCEMENT AGEN-
CIES.—Title I of the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.) is amended by adding at the end the following:
42 USC 1437z. ‘‘SEC. 27. EXCHANGE OF INFORMATION WITH LAW ENFORCEMENT
AGENCIES.
‘‘Notwithstanding any other provision of law, each public hous-
ing agency that enters into a contract for assistance under section
6 or 8 of this Act with the Secretary shall furnish any Federal,
State, or local law enforcement officer, upon the request of the
officer, with the current address, Social Security number, and photo-
graph (if applicable) of any recipient of assistance under this Act,
if the officer—
‘‘(1) furnishes the public housing agency with the name
of the recipient; and
‘‘(2) notifies the agency that—
‘‘(A) such recipient—
PUBLIC LAW 104–193—AUG. 22, 1996 110 STAT. 2349
‘‘SEC. 510. (a) For the purpose described in subsection (b), 42 USC 710.
the Secretary shall, for fiscal year 1998 and each subsequent fiscal
110 STAT. 2354 PUBLIC LAW 104–193—AUG. 22, 1996