I

103D CONGRESS

1ST SESSION H. R. 2127

To amend title IV of the Social Security Act to establish a new comprehensive

child welfare services program under part E, to make other amendments

to the programs under parts B and E, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 13, 1993

Mr. WELDON (for himself and Mr. ANDREWS of New Jersey) introduced the

following bill; which was referred to the Committee on Ways and Means

A BILL

To amend title IV of the Social Security Act to establish

a new comprehensive child welfare services program

under part E, to make other amendments to the programs under parts B and E, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Comprehensive Child

5 Welfare Services Reform Act of 1993’’.
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1 SEC. 2. ESTABLISHMENT OF COMPREHENSIVE CHILD WEL2 FARE SERVICES PROGRAM.

3 (a) IN GENERAL.—Title IV of the Social Security Act

4 (42 U.S.C. 601 et seq.) is amended—

5 (1) in part F, by redesignating sections 481

6 through 487 (42 U.S.C. 681–687) as sections 491

7 through 497, respectively;

8 (2) by striking the heading for part E and in9 serting the following:

10 ‘‘PART E—FOSTER CARE, ADOPTION ASSISTANCE,

11 AND COMPREHENSIVE CHILD WELFARE

12 SERVICES.

13 ‘‘Subpart 1—Foster Care and Adoption Assistance’’;

14 (3) in section 474(a) (42 U.S.C. 674(a)), by

15 striking paragraph (3), and redesignating paragraph

16 (4) as paragraph (3); and

17 (4) by adding at the end of part E the follow18 ing:

19 ‘‘Subpart 2—Comprehensive Child Welfare Services

20 ‘‘SEC. 480. PURPOSE; APPROPRIATION.

21 ‘‘For the purposes of assisting each State to meet the

22 needs of children (including children ineligible for assist23 ance under the programs under subpart 1) for comprehen24 sive child welfare services, and enabling each State to ad25 minister its programs under subpart 1, there are author26 ized to be appropriated—
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1 ‘‘(1) $1,328,000,000 for fiscal year 1994;

2 ‘‘(2) $1,449,000,000 for fiscal year 1995;

3 ‘‘(3) $1,585,000,000 for fiscal year 1996;

4 ‘‘(4) $1,734,000,000 for fiscal year 1997; and

5 ‘‘(5) $1,892,000,000 for fiscal year 1998.

6 ‘‘SEC. 481. RESERVATION OF FUNDS FOR SECRETARY; AL7 LOTMENTS TO STATES; REALLOTMENTS.

8 ‘‘(a) RESERVATION OF FUNDS.—1 percent of the

9 amount appropriated pursuant to section 480 for each fis10 cal year shall be reserved to the Secretary for expenditure

11 in accordance with section 484.

12 ‘‘(b) ALLOTMENTS.—The allotment for each State

13 for each of fiscal years 1994 through 1998 shall be an

14 amount which bears the same ratio to 99 percent of the

15 amount authorized to be appropriated under section 480

16 for the fiscal year as the total payment to which the State

17 is entitled under section 474(a)(3) for fiscal year 1992

18 bears to the total amount to which all States are entitled

19 under such section for the fiscal year (as determined on

20 the basis of claims submitted by the State and received

21 by the Secretary on or before March 31, 1993, and found

22 by the Secretary to be allowable on or before July 31,

23 1993).

24 ‘‘(c) REALLOTMENT.—The amount of any allotment

25 to a State under subsection (b) for any fiscal year which
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1 the State certifies to the Secretary will not be used by

2 the State to carry out the State plan under section 482

3 shall be available for reallotment from time to time, on

4 such dates as the Secretary may fix, to other States which

5 the Secretary determines will be able to use such excess

6 amounts during such fiscal year, in addition to amounts

7 already allotted or reallotted to such other States, under

8 the State plans under such section. The amount reallotted

9 to each State eligible for reallotted funds shall bear the

10 same ratio to the amount available for reallotment as the

11 State’s allotment under subsection (b) bears to the total

12 amount allotted to all States so eligible.

13 ‘‘SEC. 482. STATE PLAN FOR COMPREHENSIVE CHILD WEL14 FARE SERVICES.

15 ‘‘In order to be eligible for payments under this sub16 part for a fiscal year, a State shall publish in the State

17 and furnish to the Secretary a plan of the State for ex18 penditure of funds under this subpart. The plan shall pro19 vide that—

20 ‘‘(1) expenditures will be made under the plan

21 only for—

22 ‘‘(A) provision of child welfare services (as

23 defined in section 425) in accordance with sec24 tion 422(b), other than foster care maintenance

25 payments and adoption assistance payments,
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1 but including nonrecurring adoption expenses

2 (as defined in section 473(a)(6)); and

3 ‘‘(B) administration of the programs of the

4 State under subpart 1 (including training of

5 current or prospective State or local agency per6 sonnel, and of foster care and adoptive parents,

7 related to administration of such program); and

8 ‘‘(2) the State share of expenditures under this

9 subpart shall be an amount not less than the

10 amount of the State share of expenditures for which

11 payment was made under section 474(a)(3) for fiscal

12 year 1993.

13 ‘‘SEC. 483. PAYMENTS TO STATES.

14 ‘‘Each State shall be entitled to a payment for each

15 fiscal year in an amount equal to the lesser of—

16 ‘‘(1) the allotment of the State under this sub17 part for the fiscal year; or

18 ‘‘(2) 75 percent of amounts (other than

19 amounts for which the State receives payment under

20 part B) expended in the fiscal year in accordance

21 with the State plan under section 482.

22 ‘‘SEC. 484. SECRETARY’S DISCRETIONARY ACTIVITIES.

23 ‘‘The Secretary shall use the amounts reserved under

24 section 481(a) to provide, through grants to or contracts

25 with public or private entities, for—
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1 ‘‘(1) technical assistance and training for State

2 and local public and private agencies to enable them

3 to improve their administration of the program

4 under subpart 1, including—

5 ‘‘(A) States or cities with large numbers of

6 children at risk of foster care placement, or

7 with substantial deficiencies in program oper8 ation; and

9 ‘‘(B) State agencies in greatest need of as10 sistance in meeting the requirements of section

11 479 or other Federal data collection require12 ments;

13 ‘‘(2) evaluation of State programs under this

14 part and part B; and

15 ‘‘(3) demonstrations designed to—

16 ‘‘(A) develop or identify more effective pro17 grams to support and strengthen families;

18 ‘‘(B) improve child protective, foster care,

19 and adoption assistance services; and

20 ‘‘(C) reduce burdens on caseworkers.’’.

21 (b) COORDINATION WITH OTHER PROGRAMS PRO22 VIDING SERVICES TO CHILDREN AND FAMILIES.—Section

23 422(b)(2) of such Act (42 U.S.C. 622(b)(2)) is amended

24 by striking ‘‘under part E’’ and inserting ‘‘under subpart
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1 1, and the State plan published under subpart 2, of part

2 E’’.

3 (c) ELIMINATION OF CONDITIONAL PART E OF

4 TITLE IV CEILING AND AUTHORITY TO TRANSFER

5 FUNDS TO PART B OF TITLE IV.—Section 474 of such

6 Act (42 U.S.C. 674) is amended—

7 (1) by striking subsections (b) and (c), and re8 designating subsection (d) as subsection (b); and

9 (2) in subsection (b), as so redesignated—

10 (A) by striking ‘‘subsections (a), (b), and

11 (c)’’ and inserting ‘‘subsection (a)’’;

12 (B) by striking ‘‘such estimates’’ and in13 serting ‘‘such estimate’’; and

14 (C) by striking ‘‘such subsections’’ and in15 serting ‘‘such subsection’’.

16 (d) CONFORMING AMENDMENTS.—(1) Part E of title

17 IV of such Act (42 U.S.C. 470–479) is amended by strik18 ing ‘‘this part’’ each place such term appears and inserting

19 ‘‘this subpart’’.

20 (2) Section 403(a)(3)(D) of such Act (42 U.S.C.

21 603(a)(3)(D)) is amended by striking ‘‘486(a)’’ and in22 serting ‘‘496(a)’’.

23 (3) Section 403(l)(1)(A) of such Act (42 U.S.C.

24 603(l)(1)(A)) is amended—
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1 (A) by striking ‘‘482(a)’’ and inserting

2 ‘‘492(a)’’; and

3 (B) by striking ‘‘482(i)(2)’’ and inserting

4 ‘‘492(i)(2)’’.

5 (4) Section 403(l)(4)(A)(i) of such Act (42 U.S.C.

6 603(l)(4)(A)(i)) is amended by striking ‘‘482(d)(1)’’ and

7 inserting ‘‘492(d)(1)’’.

8 (5) Section 403(l)(4)(A)(ii) of such Act (42 U.S.C.

9 603(l)(4)(A)(ii)) by striking ‘‘482’’ and inserting ‘‘492’’.

10 (6) Section 473(a)(6) of such Act (42 U.S.C.

11 673(a)(6)) is amended—

12 (A) by striking ‘‘(6)(A)’’ and inserting ‘‘(6)’’;

13 and

14 (B) by striking subparagraph (B).

15 (7) Section 477(e)(3) of such Act (42 U.S.C.

16 677(e)(3)) is amended by striking ‘‘(a)(1), (a)(2), and

17 (a)(3)’’ and inserting ‘‘(a)(1) and (a)(2)’’.

18 (8) Section 492(e)(2)(B) of such Act, as so redesig19 nated by subsection (a) of this section, is amended by

20 striking ‘‘484’’ and inserting ‘‘494’’.

21 (9) Section 492(f) of such Act, as so redesignated by

22 subsection (a) of this section, is amended by striking ‘‘sec23 tion 482(a)(1)’’ and inserting ‘‘subsection (a)(1)’’.
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1 (10) Section 493(a)(1) of such Act, as so redesig2 nated by subsection (a) of this section, is amended by

3 striking ‘‘482(a)(1)’’ and inserting ‘‘492(a)(1)’’.

4 (11) Section 494(c) of such Act, as so redesignated

5 by subsection (a) of this section, is amended by striking

6 ‘‘482(e)’’ and inserting ‘‘492(e)’’.

7 (12) Section 494(d)(2) of such Act, as so redesig8 nated by subsection (a) of this section, is amended by

9 striking ‘‘482(f)’’ and inserting ‘‘492(f)’’.

10 (13) Section 495(c) of such Act, as so redesignated

11 by subsection (a) of this section, is amended by striking

12 ‘‘482(a)(1)’’ and inserting ‘‘492(a)(1)’’.

13 (14) Section 497(a)(1) of such Act, as so redesig14 nated by subsection (a) of this section, is amended by

15 striking ‘‘486’’ and inserting ‘‘496’’.

16 (15) Section 1902(a)(10)(A)(i)(I) of such Act (42

17 U.S.C. 1396a(a)(10)(A)(i)(I)) is amended by striking

18 ‘‘482(e)(6)’’ and inserting ‘‘492(e)(6)’’.

19 (16) Section 1928(a)(1)(D) of such Act (42 U.S.C.

20 1396s(a)(1)(D)) is amended by striking ‘‘482(e)(6)’’ and

21 inserting ‘‘492(e)(6)’’.

22 (17) Any other reference in law or regulation, as of

23 the effective date of this Act, to section 481, 482, 483,

24 484, 485, 486, or 487 of the Social Security Act shall be
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1 considered to be a reference to section 491, 492, 493, 494,

2 495, 496, or 497 of such Act, respectively.

3 SEC. 3. SECTION 1115 DEMONSTRATION WAIVERS.

4 Section 1115(a) of the Social Security Act (42 U.S.C.

5 1315(a)) is amended—

6 (1) in the matter preceding paragraph (1), by

7 striking ‘‘part A or D’’ and inserting ‘‘part A, B, D,

8 or E’’;

9 (2) in paragraph (1), by striking ‘‘454,’’ and in10 serting ‘‘422, 454, 471, 472, 473,’’; and

11 (3) in paragraph (2), by striking ‘‘455,’’ and in12 serting ‘‘423, 455, 474,’’.

13 SEC. 4. RECOVERY OF TRAINING COSTS.

14 (a) UNDER PART E OF TITLE IV.—Section 471(a)

15 of the Social Security Act (42 U.S.C. 671(a)) is amend16 ed—

17 (1) by striking ‘‘and’’ at the end of paragraph

18 (16);

19 (2) by striking the period at the end of para20 graph (17) and inserting ‘‘; and’’; and

21 (3) by adding at the end the following:

22 ‘‘(18) provide that the State agency—

23 ‘‘(A) will require each individual who re24 ceives, at an institution of higher education,

25 education or training in child welfare or a relat-
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1 ed field supported by funds from the State

2 agency under this part or part B to enter into

3 a written agreement either—

4 ‘‘(i) to work, after the completion of

5 such education or training, for the State

6 agency or another public child welfare

7 agency, or for a private child welfare agen8 cy operating under a contract with a public

9 child welfare agency, for a period not less

10 in duration than the period of such edu11 cation or training; or

12 ‘‘(ii) to repay to the State agency the

13 full amount expended by it for such edu14 cation or training for the individual;

15 ‘‘(B) will enforce compliance with such

16 agreements; and

17 ‘‘(C) will repay to the Secretary the Fed18 eral share of amounts recovered in accordance

19 with this requirement, to the extent that such

20 amounts exceed amounts necessary to reim21 burse the State agency for costs reasonably in22 curred to obtain recovery.’’.

23 (b) UNDER SECTION 426.—Section 426 of such Act

24 (42 U.S.C. 626) is amended—
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1 (1) in subsection (a)(1)(C), by inserting ‘‘sub2 ject to subsection (d),’’ after ‘‘(c)’’; and

3 (2) by adding at the end the following:

4 ‘‘(d) As a condition of eligibility for grants under sub5 section (a)(1)(C), a public or other nonprofit institution

6 of higher learning shall undertake—

7 ‘‘(1) to require each individual who receives

8 education or training in child welfare or a related

9 field supported by a stipend or other financial assist10 ance under this section to enter into a written agree11 ment either—

12 ‘‘(A) to work, after the completion of such

13 education or training, for a public child welfare

14 agency, or for a private child welfare agency op15 erating under a contract with a public child

16 welfare agency, for a period not less in duration

17 than the period of such education or training,

18 or

19 ‘‘(B) to repay to the institution the full

20 amount of such stipend or other assistance;

21 ‘‘(2) to enforce compliance with such agree22 ments; and

23 ‘‘(3) to repay to the Secretary amounts recov24 ered in accordance with this requirement, to the ex25 tent that such amounts exceed amounts necessary to
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1 reimburse the institution for costs reasonably in2 curred to obtain recovery.’’.

3 SEC. 5. EXTENSION OF THE INDEPENDENT LIVING PRO4 GRAM.

5 Section 477 of the Social Security Act (42 U.S.C.

6 677) is amended—

7 (1) in subsection (a)(1), by striking the last

8 sentence;

9 (2) in subsection (c), by striking ‘‘In the case

10 of’’ and all that follows through ‘‘1992, such’’ and

11 inserting ‘‘Such’’;

12 (3) in subsection (e)(1)(A), by striking ‘‘of the

13 fiscal years 1987 through 1992’’ and inserting ‘‘fis14 cal year’’;

15 (4) in subsection (e)(1)(B), by striking ‘‘fiscal

16 years 1991 and 1992’’ and inserting ‘‘each fiscal

17 year’’;

18 (5) by amending subsection (e)(1)(C) to read as

19 follows:

20 ‘‘(C) As used in this section:

21 ‘‘(i) The term ‘basic ceiling’ means

22 $45,000,000.

23 ‘‘(ii) The term ‘additional ceiling’

24 means $25,000,000.’’;
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1 (6) in subsection (f), by striking the last sen2 tence; and

3 (7) in subsection (g)—

4 (A) by striking ‘‘(g)(1)’’ and inserting

5 ‘‘(g)’’; and

6 (B) by striking paragraphs (2) and (3).

7 SEC. 6. ACCUMULATION OF ASSETS BY OLDER CHILDREN

8 RECEIVING FOSTER CARE MAINTENANCE

9 PAYMENTS.

10 Section 472 of the Social Security Act (42 U.S.C.

11 672) is amended by adding at the end the following:

12 ‘‘(i) In determining the eligibility of an individual who

13 has attained age 16 for foster care maintenance payments

14 under this subpart, the State agency shall disregard from

15 the resources of the individual an amount of funds not

16 exceeding an amount the agency determines to be reason17 able for the purpose of achieving self-sufficiency.’’.

18 SEC. 7. REPEAL OF ANNUAL REPORT ON VOLUNTARY

19 PLACEMENT.

20 Section 102(e) of the Adoption Assistance and Child

21 Welfare Act of 1980 (Public Law 96–272; 42 U.S.C. 672

22 note) is repealed.
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1 SEC. 8. EFFECTIVE DATE.

2 The amendments made by this Act shall become ef3 fective with respect to fiscal years beginning on or after

4 October 1, 1993.

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