H. R. 4—155
SEC. 435. COMMUNICATION BETWEEN STATE AND LOCAL GOVERN-
MENT AGENCIES AND THE IMMIGRATION AND NATU-
RALIZATION SERVICE.
Notwithstanding any other provision of Federal, State, or local
law, no State or local government entity may be prohibited, or
in any way restricted, from sending to or receiving from the
Immigration and Naturalization Service information regarding the
immigration status, lawful or unlawful, of an alien in the United
States.
SEC. 436. QUALIFYING QUARTERS.
For purposes of this title, in determining the number of qualify-
ing quarters of coverage under title II of the Social Security Act
an alien shall be credited with—
(1) all of the qualifying quarters of coverage as defined
under title II of the Social Security Act worked by a parent
of such alien while the alien was under age 18 if the parent
did not receive any Federal means-tested public benefit (as
defined in section 403(c)) during any such quarter, and
(2) all of the qualifying quarters worked by a spouse of
such alien during their marriage if the spouse did not receive
any Federal means-tested public benefit (as defined in section
403(c)) during any such quarter and the alien remains married
to such spouse or such spouse is deceased.
Subtitle E—Conforming Amendments
SEC. 441. CONFORMING AMENDMENTS RELATING TO ASSISTED HOUS-
ING.
(a) LIMITATIONS ON ASSISTANCE.—Section 214 of the Housing
and Community Development Act of 1980 (42 U.S.C. 1436a) is
amended—
(1) by striking ‘‘Secretary of Housing and Urban Develop-
ment’’ each place it appears and inserting ‘‘applicable Sec-
retary’’;
(2) in subsection (b), by inserting after ‘‘National Housing
Act,’’ the following: ‘‘the direct loan program under section
502 of the Housing Act of 1949 or section 502(c)(5)(D), 504,
521(a)(2)(A), or 542 of such Act, subtitle A of title III of the
Cranston-Gonzalez National Affordable Housing Act,’’;
(3) in paragraphs (2) through (6) of subsection (d), by
striking ‘‘Secretary’’ each place it appears and inserting
‘‘applicable Secretary’’;
(4) in subsection (d), in the matter following paragraph
(6), by striking ‘‘the term ‘Secretary’ ’’ and inserting ‘‘the term
‘applicable Secretary’ ’’; and
(5) by adding at the end the following new subsection:
‘‘(h) For purposes of this section, the term ‘applicable Secretary’
means—
‘‘(1) the Secretary of Housing and Urban Development,
with respect to financial assistance administered by such Sec-
retary and financial assistance under subtitle A of title III
of the Cranston-Gonzalez National Affordable Housing Act; and
‘‘(2) the Secretary of Agriculture, with respect to financial
assistance administered by such Secretary.’’.
H. R. 4—156
(b) CONFORMING AMENDMENTS.—Section 501(h) of the Housing
Act of 1949 (42 U.S.C. 1471(h)) is amended—
(1) by striking ‘‘(1)’’;
(2) by striking ‘‘by the Secretary of Housing and Urban
Development’’; and
(3) by striking paragraph (2).
TITLE V—REDUCTIONS IN FEDERAL
GOVERNMENT POSITIONS
SEC. 501. REDUCTIONS.
(a) DEFINITIONS.—As used in this section:
(1) APPROPRIATE EFFECTIVE DATE.—The term ‘‘appropriate
effective date’’, used with respect to a Department referred
to in this section, means the date on which all provisions
of this Act (other than title II) that the Department is required
to carry out, and amendments and repeals made by such Act
to provisions of Federal law that the Department is required
to carry out, are effective.
(2) COVERED ACTIVITY.—The term ‘‘covered activity’’, used
with respect to a Department referred to in this section, means
an activity that the Department is required to carry out under—
(A) a provision of this Act (other than title II); or
(B) a provision of Federal law that is amended or
repealed by this Act (other than title II).
(b) REPORTS.—
(1) CONTENTS.—Not later than December 31, 1995, each
Secretary referred to in paragraph (2) shall prepare and submit
to the relevant committees described in paragraph (3) a report
containing—
(A) the determinations described in subsection (c);
(B) appropriate documentation in support of such deter-
minations; and
(C) a description of the methodology used in making
such determinations.
(2) SECRETARY.—The Secretaries referred to in this para-
graph are—
(A) the Secretary of Agriculture;
(B) the Secretary of Education;
(C) the Secretary of Labor;
(D) the Secretary of Housing and Urban Development;
and
(E) the Secretary of Health and Human Services.
(3) RELEVANT
COMMITTEES.—The relevant Committees
described in this paragraph are the following:
(A) With respect to each Secretary described in para-
graph (2), the Committee on Government Reform and Over-
sight of the House of Representatives and the Committee
on Governmental Affairs of the Senate.
(B) With respect to the Secretary of Agriculture, the
Committee on Agriculture and the Committee on Economic
and Educational Opportunities of the House of Representa-
tives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
(C) With respect to the Secretary of Education, the
Committee on Economic and Educational Opportunities of
H. R. 4—157
the House of Representatives and the Committee on Labor
and Human Resources of the Senate.
(D) With respect to the Secretary of Labor, the Commit-
tee on Economic and Educational Opportunities of the
House of Representatives and the Committee on Labor
and Human Resources of the Senate.
(E) With respect to the Secretary of Housing and Urban
Development, the Committee on Banking and Financial
Services of the House of Representatives and the Commit-
tee on Banking, Housing, and Urban Affairs of the Senate.
(F) With respect to the Secretary of Health and Human
Services, the Committee on Economic and Educational
Opportunities of the House of Representatives, the Commit-
tee on Labor and Human Resources of the Senate, the
Committee on Ways and Means of the House of Representa-
tives, and the Committee on Finance of the Senate.
(4) REPORT ON CHANGES.—Not later than December 31,
1996, and each December 31 thereafter, each Secretary referred
to in paragraph (2) shall prepare and submit to the relevant
Committees described in paragraph (3), a report concerning
any changes with respect to the determinations made under
subsection (c) for the year in which the report is being
submitted.
(c) DETERMINATIONS.—Not later than December 31, 1995, each
Secretary referred to in subsection (b)(2) shall determine—
(1) the number of full-time equivalent positions required
by the Department headed by such Secretary to carry out
the covered activities of the Department, as of the day before
the date of enactment of this Act;
(2) the number of such positions required by the Depart-
ment to carry out the activities, as of the appropriate effective
date for the Department; and
(3) the difference obtained by subtracting the number
referred to in paragraph (2) from the number referred to in
paragraph (1).
(d) ACTIONS.—Each Secretary referred to in subsection (b)(2)
shall take such actions as may be necessary, including reduction
in force actions, consistent with sections 3502 and 3595 of title
5, United States Code, to reduce the number of positions of person-
nel of the Department—
(1) not later than 30 days after the appropriate effective
date for the Department involved, by at least 50 percent of
the difference referred to in subsection (c)(3); and
(2) not later than 13 months after such appropriate effective
date, by at least the remainder of such difference (after the
application of paragraph (1)).
(e) CONSISTENCY.—
(1) EDUCATION.—The Secretary of Education shall carry
out this section in a manner that enables the Secretary to
meet the requirements of this section.
(2) LABOR.—The Secretary of Labor shall carry out this
section in a manner that enables the Secretary to meet the
requirements of this section.
(3) HEALTH AND HUMAN SERVICES.—The Secretary of Health
and Human Services shall carry out this section in a manner
that enables the Secretary to meet the requirements of this
section and sections 502 and 503.
H. R. 4—158
(f) CALCULATION.—In determining, under subsection (c), the
number of full-time equivalent positions required by a Department
to carry out a covered activity, a Secretary referred to in subsection
(b)(2) shall include the number of such positions occupied by person-
nel carrying out program functions or other functions (including
budgetary, legislative, administrative, planning, evaluation, and
legal functions) related to the activity.
(g) GENERAL ACCOUNTING OFFICE REPORT.—Not later than July
1, 1996, the Comptroller General of the United States shall prepare
and submit to the committees described in subsection (b)(3), a
report concerning the determinations made by each Secretary under
subsection (c). Such report shall contain an analysis of the deter-
minations made by each Secretary under subsection (c) and a deter-
mination as to whether further reductions in full-time equivalent
positions are appropriate.
SEC. 502. REDUCTIONS IN FEDERAL BUREAUCRACY.
(a) IN GENERAL.—The Secretary of Health and Human Services
shall reduce the Federal workforce within the Department of Health
and Human Services by an amount equal to the sum of—
(1) 75 percent of the full-time equivalent positions at such
Department that relate to any direct spending program, or
any program funded through discretionary spending, that has
been converted into a block grant program under this Act
and the amendments made by this Act; and
(2) an amount equal to 75 percent of that portion of the
total full-time equivalent departmental management positions
at such Department that bears the same relationship to the
amount appropriated for the programs referred to in paragraph
(1) as such amount relates to the total amount appropriated
for use by such Department.
(b) REDUCTIONS IN THE DEPARTMENT OF HEALTH AND HUMAN
SERVICES.—Notwithstanding any other provision of this Act, the
Secretary of Health and Human Services shall take such actions
as may be necessary, including reductions in force actions, consist-
ent with sections 3502 and 3595 of title 5, United States Code,
to reduce the full-time equivalent positions within the Department
of Health and Human Services—
(1) by 245 full-time equivalent positions related to the
program converted into a block grant under the amendment
made by section 103; and
(2) by 60 full-time equivalent managerial positions in the
Department.
SEC. 503. REDUCING PERSONNEL IN WASHINGTON, D.C. AREA.
In making reductions in full-time equivalent positions, the Sec-
retary of Health and Human Services is encouraged to reduce
personnel in the Washington, D.C., area office (agency head-
quarters) before reducing field personnel.
H. R. 4—159
TITLE VI—REFORM OF PUBLIC
HOUSING
SEC. 601. FAILURE TO COMPLY WITH OTHER WELFARE AND PUBLIC
ASSISTANCE PROGRAMS.
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 new
section:
‘‘SEC. 27. FAILURE TO COMPLY WITH OTHER WELFARE AND PUBLIC
ASSISTANCE PROGRAMS.
‘‘(a) IN GENERAL.—If the benefits of a family are reduced under
a Federal, State, or local law relating to welfare or a public assist-
ance program for the failure of any member of the family to perform
an action required under the law or program, the family may
not, for the duration of the reduction, receive any increased assist-
ance under this Act as the result of a decrease in the income
of the family to the extent that the decrease in income is the
result of the benefits reduction.
‘‘(b) EXCEPTION.—Subsection (a) shall not apply in any case
in which the benefits of a family are reduced because the welfare
or public assistance program to which the Federal, State, or local
law relates limits the period during which benefits may be provided
under the program.’’.
SEC. 602. FRAUD UNDER MEANS-TESTED WELFARE AND PUBLIC
ASSISTANCE PROGRAMS.
(a) IN GENERAL.—If an individual’s benefits under a Federal,
State, or local law relating to a means-tested welfare or a public
assistance program are reduced because of an act of fraud by
the individual under the law or program, the individual may not,
for the duration of the reduction, receive an increased benefit under
any other means-tested welfare or public assistance program for
which Federal funds are appropriated as a result of a decrease
in the income of the individual (determined under the applicable
program) attributable to such reduction.
(b) WELFARE OR PUBLIC ASSISTANCE PROGRAMS FOR WHICH
FEDERAL FUNDS ARE APPROPRIATED.—For purposes of subsection
(a), the term ‘‘means-tested welfare or public assistance program
for which Federal funds are appropriated’’ includes the food stamp
program under the Food Stamp Act of 1977 (7 U.S.C. 2011 et
seq.), any program of public or assisted housing under title I of
the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.),
and State programs funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.).
SEC. 603. EFFECTIVE DATE.
This title and the amendment made by this title shall become
effective on the date of enactment of this Act.
H. R. 4—160
TITLE VII—CHILD PROTECTION BLOCK
GRANT PROGRAM AND FOSTER CARE
AND ADOPTION ASSISTANCE
Subtitle A—Block Grants to States for the
Protection of Children and Matching
Payments for Foster Care and Adoption
Assistance
SEC. 701. ESTABLISHMENT OF PROGRAM.
Title IV of the Social Security Act (42 U.S.C. 601 et seq.)
is amended by striking part B and inserting the following:
‘‘PART B—BLOCK GRANTS TO STATES FOR THE
PROTECTION OF CHILDREN AND MATCHING
PAYMENTS FOR FOSTER CARE AND ADOP-
TION ASSISTANCE
‘‘SEC. 421. PURPOSE.
‘‘The purpose of this part is to enable eligible States to carry
out a child protection program to—
‘‘(1) identify and assist families at risk of abusing or
neglecting their children;
‘‘(2) operate a system for receiving reports of abuse or
neglect of children;
‘‘(3) improve the intake, assessment, screening, and inves-
tigation of reports of abuse and neglect;
‘‘(4) enhance the general child protective system by improv-
ing risk and safety assessment tools and protocols;
‘‘(5) improve legal preparation and representation, includ-
ing procedures for appealing and responding to appeals of
substantiated reports of abuse and neglect;
‘‘(6) provide support, treatment, and family preservation
services to families which are, or are at risk of, abusing or
neglecting their children;
‘‘(7) support children who must be removed from or who
cannot live with their families;
‘‘(8) make timely decisions about permanent living arrange-
ments for children who must be removed from or who cannot
live with their families;
‘‘(9) provide for continuing evaluation and improvement
of child protection laws, regulations, and services;
‘‘(10) develop and facilitate training protocols for individ-
uals mandated to report child abuse or neglect; and
‘‘(11) develop and enhance the capacity of community-based
programs to integrate shared leadership strategies between
parents and professionals to prevent and treat child abuse
and neglect at the neighborhood level.
‘‘SEC. 422. ELIGIBLE STATES.
‘‘(a) IN GENERAL.—As used in this part, the term ‘eligible State’
means a State that has submitted to the Secretary, not later than
H. R. 4—161
October 1, 1996, and every 3 years thereafter, a plan which has
been signed by the chief executive officer of the State and that
includes the following:
‘‘(1) OUTLINE OF CHILD PROTECTION PROGRAM.—A written
document that outlines the activities the State intends to con-
duct to achieve the purpose of this part, including the proce-
dures to be used for—
‘‘(A) receiving and assessing reports of child abuse
or neglect;
‘‘(B) investigating such reports;
‘‘(C) with respect to families in which abuse or neglect
has been confirmed, providing services or referral for serv-
ices for families and children where the State makes a
determination that the child may safely remain with the
family;
‘‘(D) protecting children by removing them from dan-
gerous settings and ensuring their placement in a safe
environment;
‘‘(E) providing training for individuals mandated to
report suspected cases of child abuse or neglect;
‘‘(F) protecting children in foster care;
‘‘(G) promoting timely adoptions;
‘‘(H) protecting the rights of families, using adult rel-
atives as the preferred placement for children separated
from their parents where such relatives meet the relevant
State child protection standards;
‘‘(I) providing services to individuals, families, or
communities, either directly or through referral, that are
aimed at preventing the occurrence of child abuse and
neglect; and
‘‘(J) establishing and responding to citizen review pan-
els under section 426.
‘‘(2) CERTIFICATION OF STATE LAW REQUIRING THE REPORT-
ING OF CHILD ABUSE AND NEGLECT.—A certification that the
State has in effect laws that require public officials and other
professionals to report, in good faith, actual or suspected
instances of child abuse or neglect.
‘‘(3) CERTIFICATION OF PROCEDURES FOR SCREENING, SAFETY
ASSESSMENT, AND PROMPT INVESTIGATION.—A certification that
the State has in effect procedures for receiving and responding
to reports of child abuse or neglect, including the reports
described in paragraph (2), and for the immediate screening,
safety assessment, and prompt investigation of such reports.
‘‘(4) CERTIFICATION OF STATE PROCEDURES FOR REMOVAL
AND PLACEMENT OF ABUSED OR NEGLECTED CHILDREN.—A cer-
tification that the State has in effect procedures for the removal
from families and placement of abused or neglected children
and of any other child in the same household who may also
be in danger of abuse or neglect.
‘‘(5) CERTIFICATION
OF
PROVISIONS
FOR
IMMUNITY
FROM
PROSECUTION.—A certification that the State has in effect laws
requiring immunity from prosecution under State and local
laws and regulations for individuals making good faith reports
of suspected or known instances of child abuse or neglect.
‘‘(6) CERTIFICATION OF PROVISIONS AND PROCEDURES FOR
EXPUNGEMENT OF CERTAIN RECORDS.—A certification that the
State has in effect laws and procedures requiring the facilita-
H. R. 4—162
tion of the prompt expungement of any records that are acces-
sible to the general public or are used for purposes of employ-
ment or other background checks in cases determined to be
unsubstantiated or false.
‘‘(7) CERTIFICATION OF PROVISIONS AND PROCEDURES RELAT-
ING TO APPEALS.—A certification that not later then 2 years
after the date of the enactment of this part, the State shall
have laws and procedures in effect affording individuals an
opportunity to appeal an official finding of abuse or neglect.
‘‘(8) CERTIFICATION OF STATE PROCEDURES FOR DEVELOPING
AND REVIEWING WRITTEN PLANS FOR PERMANENT PLACEMENT
OF REMOVED CHILDREN.—A certification that the State has in
effect procedures for ensuring that a written plan is prepared
for children who have been removed from their families. Such
plan shall specify the goals for achieving a permanent place-
ment for the child in a timely fashion, for ensuring that the
written plan is reviewed every 6 months (until such placement
is achieved), and for ensuring that information about such
children is collected regularly and recorded in case records,
and include a description of such procedures.
‘‘(9) CERTIFICATION
OF
STATE
PROGRAM
TO
PROVIDE
INDEPENDENT LIVING SERVICES.—A certification that the State
has in effect a program to provide independent living services,
for assistance in making the transition to self-sufficient adult-
hood, to individuals in the child protection program of the
State who are 16, but who are not 20 (or, at the option of
the State, 22), years of age, and who do not have a family
to which to be returned.
‘‘(10) CERTIFICATION
OF
STATE
PROCEDURES
TO
RESPOND
TO REPORTING OF MEDICAL NEGLECT OF DISABLED INFANTS.—
‘‘(A) IN GENERAL.—A certification that the State has
in place for the purpose of responding to the reporting
of medical neglect of infants (including instances of
withholding of medically indicated treatment from disabled
infants with life-threatening conditions), procedures or pro-
grams, or both (within the State child protective services
system), to provide for—
‘‘(i) coordination and consultation with individuals
designated by and within appropriate health-care
facilities;
‘‘(ii) prompt notification by individuals designated
by and within appropriate health-care facilities of cases
of suspected medical neglect (including instances of
withholding of medically indicated treatment from dis-
abled infants with life-threatening conditions); and
‘‘(iii) authority, under State law, for the State child
protective service to pursue any legal remedies, includ-
ing the authority to initiate legal proceedings in a
court of competent jurisdiction, as may be necessary
to prevent the withholding of medically indicated treat-
ment from disabled infants with life-threatening condi-
tions.
‘‘(B) WITHHOLDING
OF
MEDICALLY
INDICATED
TREAT-
MENT.—As used in subparagraph (A), the term ‘withholding
of medically indicated treatment’ means the failure to
respond to the infant’s life-threatening conditions by
providing treatment (including appropriate nutrition,
H. R. 4—163
hydration, and medication) which, in the treating physi-
cian’s or physicians’ reasonable medical judgment, will be
most likely to be effective in ameliorating or correcting
all such conditions, except that such term does not include
the failure to provide treatment (other than appropriate
nutrition, hydration, or medication) to an infant when,
in the treating physician’s or physicians’ reasonable medi-
cal judgment—
‘‘(i) the infant is chronically and irreversibly coma-
tose;
‘‘(ii) the provision of such treatment would—
‘‘(I) merely prolong dying;
‘‘(II) not be effective in ameliorating or correct-
ing all of the infant’s life-threatening conditions;
or
‘‘(III) otherwise be futile in terms of the sur-
vival of the infant; or
‘‘(iii) the provision of such treatment would be
virtually futile in terms of the survival of the infant
and the treatment itself under such circumstances
would be inhumane.
‘‘(11) IDENTIFICATION OF CHILD PROTECTION GOALS.—The
quantitative goals of the State child protection program.
‘‘(12) CERTIFICATION OF CHILD PROTECTION STANDARDS.—
With respect to fiscal years beginning on or after April 1,
1996, a certification that the State—
‘‘(A) has completed an inventory of all children who,
before the inventory, had been in foster care under the
responsibility of the State for 6 months or more, which
determined—
‘‘(i) the appropriateness of, and necessity for, the
foster care placement;
‘‘(ii) whether the child could or should be returned
to the parents of the child or should be freed for
adoption or other permanent placement; and
‘‘(iii) the services necessary to facilitate the return
of the child or the placement of the child for adoption
or legal guardianship;
‘‘(B) is operating, to the satisfaction of the Secretary—
‘‘(i) a statewide information system from which
can be readily determined the status, demographic
characteristics, location, and goals for the placement
of every child who is (or, within the immediately
preceding 12 months, has been) in foster care;
‘‘(ii) a case review system for each child receiving
foster care under the supervision of the State;
‘‘(iii) a service program designed to help children—
‘‘(I) where appropriate, return to families from
which they have been removed; or
‘‘(II) be placed for adoption, with a legal guard-
ian, or if adoption or legal guardianship is deter-
mined not to be appropriate for a child, in some
other planned, permanent living arrangement; and
‘‘(iv) a preplacement preventive services program
designed to help children at risk for foster care place-
ment remain with their families; and
H. R. 4—164
‘‘(C)(i) has reviewed (or not later than October 1, 1997,
will review) State policies and administrative and judicial
procedures in effect for children abandoned at or shortly
after birth (including policies and procedures providing for
legal representation of such children); and
‘‘(ii) is implementing (or not later than October 1, 1997,
will implement) such policies and procedures as the State
determines, on the basis of the review described in clause
(i), to be necessary to enable permanent decisions to be
made expeditiously with respect to the placement of such
children.
‘‘(13) CERTIFICATION
OF
REASONABLE
EFFORTS
BEFORE
PLACEMENT OF CHILDREN IN FOSTER CARE.—A certification that
the State in each case will—
‘‘(A) make reasonable efforts prior to the placement
of a child in foster care, to prevent or eliminate the need
for removal of the child from the child’s home, and to
make it possible for the child to return home; and
‘‘(B) with respect to families in which abuse or neglect
has been confirmed, provide services or referral for services
for families and children where the State makes a deter-
mination that the child may safely remain with the family.
‘‘(14) CERTIFICATION OF COOPERATIVE EFFORTS.—A certifi-
cation by the State, where appropriate, that all steps will
be taken, including cooperative efforts with the State agencies
administering the plans approved under parts A and D, to
secure an assignment to the State of any rights to support
on behalf of each child receiving foster care maintenance pay-
ments under this part.
‘‘(15) CERTIFICATION
OF
CONFIDENTIALITY
AND
REQUIRE-
MENTS FOR INFORMATION DISCLOSURE.—
‘‘(A) IN GENERAL.—A certification that the State has
in effect and operational—
‘‘(i) requirements ensuring that reports and records
made and maintained pursuant to the purposes of
this part shall only be made available to—
‘‘(I) individuals who are the subject of the
report;
‘‘(II) Federal, State, or local government enti-
ties having a need for such information in order
to carry out their responsibilities under law to
protect children from abuse and neglect;
‘‘(III) child abuse citizen review panels;
‘‘(IV) child fatality review panels;
‘‘(V) a grand jury or court, upon a finding
that information in the record is necessary for
the determination of an issue before the court or
grand jury; and
‘‘(VI) other entities or classes of individuals
statutorily authorized by the State to receive such
information pursuant to a legitimate State pur-
pose; and
‘‘(ii) provisions that allow for public disclosure of
the findings or information about cases of child abuse
or neglect that have resulted in a child fatality or
near fatality.
H. R. 4—165
‘‘(B) LIMITATION.—Disclosures made pursuant to clause
(i) or (ii) shall not include the identifying information
concerning the individual initiating a report or complaint
alleging suspected instances of child abuse or neglect.
‘‘(C) DEFINITION.—For purposes of this paragraph, the
term ‘near fatality’ means an act that, as certified by a
physician, places the child in serious or critical condition.
‘‘(b) DETERMINATIONS.—The Secretary shall determine whether
a plan submitted pursuant to subsection (a) contains the material
required by subsection (a), other than the material described in
paragraph (10) of such subsection. The Secretary may not require
a State to include in such a plan any material not described in
subsection (a).
‘‘SEC. 423. GRANTS TO STATES FOR CHILD PROTECTION AND PAY-
MENTS FOR FOSTER CARE AND ADOPTION ASSISTANCE.
‘‘(a) FUNDING OF BLOCK GRANTS.—
‘‘(1) ENTITLEMENT COMPONENT.—Each eligible State shall
be entitled to receive from the Secretary for each fiscal year
specified in subsection (c)(1) a grant in an amount equal to
the State share of the child protection amount for the fiscal
year.
‘‘(2) AUTHORIZATION COMPONENT.—
‘‘(A) IN GENERAL.—For each eligible State for each fiscal
year specified in subsection (c)(1), the Secretary shall
supplement the grant under paragraph (1) of this sub-
section by an amount equal to the State share of the
amount (if any) appropriated pursuant to subparagraph
(B) of this paragraph for the fiscal year.
‘‘(B) LIMITATION
ON
AUTHORIZATION
OF
APPROPRIA-
TIONS.—For grants under subparagraph (A), there are
authorized to be appropriated to the Secretary an amount
not to exceed $325,000,000 for each fiscal year specified
in subsection (c)(1).
‘‘(b) MAINTENANCE PAYMENTS.—
‘‘(1) IN GENERAL.—In addition to the grants described in
subsection (a), each eligible State shall be entitled to receive
from the Secretary for each quarter of each fiscal year specified
in subsection (c)(1) an amount equal to the sum of—
‘‘(A) an amount equal to the Federal medical assistance
percentage (as defined in section 1905(b) of this Act as
in effect on the day before the date of enactment of this
part) of the total amount expended during such quarter
as foster care maintenance payments under the child
protection program under this part for children in foster
family homes or child-care institutions; plus
‘‘(B) an amount equal to the Federal medical assistance
percentage (as defined in section 1905(b) of this Act (as
so in effect)) of the total amount expended during such
quarter as adoption assistance payments under the child
protection program under this part pursuant to adoption
assistance agreements.
‘‘(2) ESTIMATES BY THE SECRETARY.—
‘‘(A) IN GENERAL.—The Secretary shall, prior to the
beginning of each quarter, estimate the amount to which
a State will be entitled to receive under paragraph (1)
for such quarter, such estimates to be based on—
H. R. 4—166
‘‘(i) a report filed by the State containing its esti-
mate of the total sum to be expended in such quarter
in accordance with paragraph (1), and stating the
amount appropriated or made available by the State
and its political subdivisions for such expenditures in
such quarter, and if such amount is less than the
State’s proportionate share of the total sum of such
estimated expenditures, the source or sources from
which the difference is expected to be derived;
‘‘(ii) records showing the number of children in
the State receiving assistance under this part; and
‘‘(iii) such other information as the Secretary may
find necessary.
‘‘(B) PAYMENTS.—The Secretary shall pay to the States
the amounts so estimated under subparagraph (A), reduced
or increased to the extent of any overpayment or
underpayment which the Secretary determines was made
under this subsection to such State for any prior quarter
and with respect to which adjustment has not already
been made under this paragraph.
‘‘(C) PRO RATA SHARE.— The pro rata share to which
the United States is equitably entitled, as determined by
the Secretary, of the net amount recovered during any
quarter by the State or any political subdivision thereof
with respect to foster care and adoption assistance fur-
nished under this part shall be considered an overpayment
to be adjusted under this paragraph.
‘‘(3) ALLOWANCE OR DISALLOWANCE OF CLAIM.—
‘‘(A) IN GENERAL.—Within 60 days after receipt of a
State claim for expenditures pursuant to paragraph (2)(A),
the Secretary shall allow, disallow, or defer such claim.
‘‘(B) NOTICE.—Within 15 days after a decision to defer
a State claim, the Secretary shall notify the State of the
reasons for the deferral and of the additional information
necessary to determine the allowability of the claim.
‘‘(C) DECISION.—Within 90 days after receiving such
necessary information (in readily reviewable form), the Sec-
retary shall—
‘‘(i) disallow the claim, if able to complete the
review and determine that the claim is not allowable;
or
‘‘(ii) in any other case, allow the claim, subject
to disallowance (as necessary)—
‘‘(I) upon completion of the review, if it is
determined that the claim is not allowable; or
‘‘(II) on the basis of findings of an audit or
financial management review.
‘‘(c) DEFINITIONS.—As used in this section:
‘‘(1) CHILD PROTECTION AMOUNT.—The term ‘child protec-
tion amount’ means—
‘‘(A) $2,047,000,000 for fiscal year 1997;
‘‘(B) $2,200,000,000 for fiscal year 1998;
‘‘(C) $2,342,000,000 for fiscal year 1999;
‘‘(D) $2,487,000,000 for fiscal year 2000;
‘‘(E) $2,592,000,000 for fiscal year 2001; and
‘‘(F) $2,766,000,000 for fiscal year 2002;
‘‘(2) STATE SHARE.—
H. R. 4—167
‘‘(A) IN GENERAL.—The term ‘State share’ means the
qualified child protection expenses of the State divided
by the sum of the qualified child protection expenses of
all of the States.
‘‘(B) QUALIFIED
CHILD
PROTECTION
EXPENSES.—The
term ‘qualified child protection expenses’ means, with
respect to a State the greater of—
‘‘(i) the total amount of—
‘‘(I) one-third of the Federal grant amounts
to the State under the provisions of law specified
in clauses (i), (ii), and (iii) of subparagraph (C)
for fiscal years 1992, 1993, and 1994; and
‘‘(II) one-third of the Federal share of expendi-
tures (without regard to disputed expenditures)
with respect to administration, training, and state-
wide mechanized data collection and information
systems under the provision of law specified in
subparagraph (C)(iv) as reported by the State on
ACF Form IV-E-12 for fiscal years 1992, 1993,
and 1994; or
‘‘(ii) the total amount of—
‘‘(I) the Federal grant amounts to the State
under the provisions of law specified in clauses
(i), (ii), and (iii) of subparagraph (C) for fiscal
year 1994; and
‘‘(II) the Federal share of expenditures (with-
out regard to disputed expenditures) with respect
to administration, training, and statewide mecha-
nized data collection and information systems
under the provision of law specified in subpara-
graph (C)(iv) as reported by the State on ACF
Form IV-E-12 for fiscal year 1994.
‘‘(C) PROVISIONS OF LAW.—The provisions of law speci-
fied in this subparagraph are the following (as in effect
with respect to each of the fiscal years referred to in
subparagraph (B)):
‘‘(i) Section 423 of this Act.
‘‘(ii) Section 434 of this Act.
‘‘(iii) Section 474(a)(4) of this Act.
‘‘(iv) Section 474(a)(3) of this Act.
‘‘(D) DETERMINATION OF INFORMATION.—In determining
amounts for fiscal years 1992, 1993, and 1994 under
subclause (I) of clauses (i) and (ii) of subparagraph (B),
the Secretary shall use information listed as actual
amounts in the Justification for Estimates for Appropria-
tion Committees of the Administration for Children and
Families for fiscal years 1994, 1995, and 1996, respectively.
In determining amounts for fiscal years 1992, 1993, and
1994 under subclause (II) of clauses (i) and (ii) of subpara-
graph (B), the Secretary shall use information available
as of February 22, 1995.
‘‘(d) USE OF GRANT.—
‘‘(1) IN GENERAL.—A State to which a grant is made under
this section may use the grant in any manner that the State
deems appropriate to accomplish the purpose of this part.
‘‘(2) TIMING OF EXPENDITURES.—A State to which a grant
is made under this section for a fiscal year shall expend the
H. R. 4—168
total amount of the grant not later than the end of the imme-
diately succeeding fiscal year.
‘‘(3) RULE OF INTERPRETATION.—This part shall not be inter-
preted to prohibit short- and long-term foster care facilities
operated for profit from receiving funds provided under this
part.
‘‘(e) TIMING
OF PAYMENTS.—The Secretary shall pay each
eligible State the amount of the grant payable to the State under
this section in quarterly installments.
‘‘(f) PENALTIES.—
‘‘(1) FOR USE OF GRANT IN VIOLATION OF THIS PART.—If
an audit conducted pursuant to chapter 75 of title 31, United
States Code, finds that an amount paid to a State under this
section for a fiscal year has been used in violation of this
part, then the Secretary shall reduce the amount of the grant
that would (in the absence of this paragraph) be payable to
the State under this section for the immediately succeeding
fiscal year by the amount so used, plus 5 percent of the grant
paid under this section to the State for such fiscal year.
‘‘(2) FOR FAILURE TO MAINTAIN EFFORT.—
‘‘(A) IN GENERAL.—If an audit conducted pursuant to
chapter 75 of title 31, United States Code, finds that the
amount expended by a State (other than from amounts
provided by the Federal Government) during the fiscal
years specified in subparagraph (B), to carry out the State
program funded under this part is less than the applicable
percentage specified in such subparagraph of the total
amount expended by the State (other than from amounts
provided by the Federal Government) during fiscal year
1994 under parts B and E of this title (as in effect on
the day before the date of the enactment of this part),
then the Secretary shall reduce the amount of the grant
that would (in the absence of this paragraph) be payable
to the State under this section for the immediately succeed-
ing fiscal year by the amount of the difference, plus 5
percent of the grant paid under this section to the State
for such fiscal year.
‘‘(B) SPECIFICATION OF FISCAL YEARS AND APPLICABLE
PERCENTAGES.—The fiscal years and applicable percentages
specified in this subparagraph are as follows:
‘‘(i) For fiscal years 1997 and 1998, 100 percent.
‘‘(ii) For fiscal years 1999 through 2002, 75 percent.
‘‘(3) FOR FAILURE TO SUBMIT REQUIRED REPORT.—
‘‘(A) IN GENERAL.—The Secretary shall reduce by 3
percent the amount of the grant that would (in the absence
of this paragraph) be payable to a State under this section
for a fiscal year if the Secretary determines that the State
has not submitted the report required by section 427(b)
for the immediately preceding fiscal year, within 6 months
after the end of the immediately preceding fiscal year.
‘‘(B) RESCISSION
OF
PENALTY.—The Secretary shall
rescind a penalty imposed on a State under subparagraph
(A) with respect to a report for a fiscal year if the State
submits the report before the end of the immediately
succeeding fiscal year.
‘‘(4) FOR
FAILURE
TO
COMPLY
WITH
SAMPLING
METHODS
REQUIREMENTS.—The Secretary may reduce by not more than
H. R. 4—169
1 percent the amount of the grant that would (in the absence
of this paragraph) be payable to a State under this section
for a succeeding fiscal year if the Secretary determines that
the State has not complied with the Secretary’s sampling meth-
ods requirements under section 427(c)(2) during the prior fiscal
year.
‘‘(5) STATE
FUNDS
TO
REPLACE
REDUCTIONS
IN
GRANT.—
A State which has a penalty imposed against it under this
subsection for a fiscal year shall expend additional State funds
in an amount equal to the amount of the penalty for the
purpose of carrying out the State program under this part
during the immediately succeeding fiscal year.
‘‘(6) REASONABLE CAUSE EXCEPTION.—Except in the case
of the penalty described in paragraph (2), the Secretary may
not impose a penalty on a State under this subsection with
respect to a requirement if the Secretary determines that the
State has reasonable cause for failing to comply with the
requirement.
‘‘(7) CORRECTIVE COMPLIANCE PLAN.—
‘‘(A) IN GENERAL.—
‘‘(i) NOTIFICATION OF VIOLATION.—Before imposing
a penalty against a State under this subsection with
respect to a violation of this part, the Secretary shall
notify the State of the violation and allow the State
the opportunity to enter into a corrective compliance
plan in accordance with this paragraph which outlines
how the State will correct the violation and how the
State will insure continuing compliance with this part.
‘‘(ii) 60-DAY
PERIOD
TO
PROPOSE
A
CORRECTIVE
COMPLIANCE
PLAN.—During the 60-day period that
begins on the date the State receives a notice provided
under clause (i) with respect to a violation, the State
may submit to the Federal Government a corrective
compliance plan to correct the violation.
‘‘(iii) CONSULTATION ABOUT MODIFICATIONS.—Dur-
ing the 60-day period that begins with the date the
Secretary receives a corrective compliance plan submit-
ted by a State in accordance with clause (ii), the Sec-
retary may consult with the State on modifications
to the plan.
‘‘(iv) ACCEPTANCE OF PLAN.— A corrective compli-
ance plan submitted by a State in accordance with
clause (ii) is deemed to be accepted by the Secretary
if the Secretary does not accept or reject the plan
during the 60-day period that begins on the date the
plan is submitted.
‘‘(B) EFFECT OF CORRECTING VIOLATION.—The Secretary
may not impose any penalty under this subsection with
respect to any violation covered by a State corrective
compliance plan accepted by the Secretary if the State
corrects the violation pursuant to the plan.
‘‘(C) EFFECT OF FAILING TO CORRECT VIOLATION.—The
Secretary shall assess some or all of a penalty imposed
on a State under this subsection with respect to a violation
if the State does not, in a timely manner, correct the
violation pursuant to a State corrective compliance plan
accepted by the Secretary.
H. R. 4—170
‘‘(8) LIMITATION ON AMOUNT OF PENALTY.—
‘‘(A) IN GENERAL.—In imposing the penalties described
in this subsection, the Secretary shall not reduce any quar-
terly payment to a State by more than 25 percent.
‘‘(B) CARRYFORWARD OF UNRECOVERED PENALTIES.—To
the extent that subparagraph (A) prevents the Secretary
from recovering during a fiscal year the full amount of
all penalties imposed on a State under this subsection
for a prior fiscal year, the Secretary shall apply any remain-
ing amount of such penalties to the grant payable to the
State under section 423(a) for the immediately succeeding
fiscal year.
‘‘(g) TREATMENT OF TERRITORIES.—
‘‘(1) IN
GENERAL.—A territory, as defined in section
1108(b)(1), shall carry out a child protection program in accord-
ance with the provisions of this part.
‘‘(2) PAYMENTS.—Subject to the mandatory ceiling amounts
specified in section 1108, each territory, as so defined, shall
be entitled to receive from the Secretary for any fiscal year
an amount equal to the total obligations to the territory under
section 434 (as in effect on the day before the date of the
enactment of this part) for fiscal year 1995.
‘‘(h) LIMITATION ON FEDERAL AUTHORITY.—Except as expressly
provided in this Act, the Secretary may not regulate the conduct
of States under this part or enforce any provision of this part.
‘‘SEC. 424. REQUIREMENTS FOR FOSTER CARE MAINTENANCE PAY-
MENTS.
‘‘(a) IN GENERAL.—Each State operating a program under this
part shall make foster care maintenance payments under section
423(b) with respect to a child who would meet the requirements
of section 406(a) or of section 407 (as in effect on the day before
the date of the enactment of this part) but for the removal of
the child from the home of a relative (specified in section 406(a)(as
so in effect)), if—
‘‘(1) the removal from the home occurred pursuant to a
voluntary placement agreement entered into by the child’s par-
ent or legal guardian, or was the result of a judicial determina-
tion to the effect that continuation therein would be contrary
to the welfare of such child and that reasonable efforts of
the type described in section 422(a)(13) have been made;
‘‘(2) such child’s placement and care are the responsibility
of—
‘‘(A) the State; or
‘‘(B) any other public agency with whom the State
has made an agreement for the administration of the State
program under this part which is still in effect;
‘‘(3) such child has been placed in a foster family home
or child-care institution as a result of the voluntary placement
agreement or judicial determination referred to in paragraph
(1); and
‘‘(4) such child—
‘‘(A) would have been eligible to receive aid under
the eligibility standards under the State plan approved
under section 402 (as in effect on the day before the date
of the enactment of this part and adjusted for inflation,
in accordance with regulations issued by the Secretary)
H. R. 4—171
in or for the month in which such agreement was entered
into or court proceedings leading to the removal of such
child from the home were initiated; or
‘‘(B) would have received such aid in or for such month
if application had been made therefore, or the child had
been living with a relative specified in section 406(a) (as
so in effect) within 6 months prior to the month in which
such agreement was entered into or such proceedings were
initiated, and would have received such aid in or for such
month if in such month such child had been living with
such a relative and application therefore had been made.
‘‘(b) LIMITATION
ON FOSTER CARE PAYMENTS.—Foster care
maintenance payments may be made under this part only on behalf
of a child described in subsection (a) of this section who is—
‘‘(1) in the foster family home of an individual, whether
the payments therefore are made to such individual or to a
public or private child-placement or child-care agency; or
‘‘(2) in a child-care institution, whether the payments there-
fore are made to such institution or to a public or private
child-placement or child-care agency, which payments shall
be limited so as to include in such payments only those items
which are included in the term ‘foster care maintenance pay-
ments’ (as defined in section 429(6)).
‘‘(c) VOLUNTARY PLACEMENTS.—
‘‘(1) SATISFACTION OF CHILD PROTECTION STANDARDS.—Not-
withstanding any other provision of this section, Federal pay-
ments may be made under this part with respect to amounts
expended by any State as foster care maintenance payments
under this part, in the case of children removed from their
homes pursuant to voluntary placement agreements as
described in subsection (a), only if (at the time such amounts
were expended) the State has fulfilled all of the requirements
of section 422(a)(12).
‘‘(2) REMOVAL IN EXCESS OF 180 DAYS.—No Federal payment
may be made under this part with respect to amounts expended
by any State as foster care maintenance payments, in the
case of any child who was removed from such child’s home
pursuant to a voluntary placement agreement as described
in subsection (a) and has remained in voluntary placement
for a period in excess of 180 days, unless there has been
a judicial determination by a court of competent jurisdiction
(within the first 180 days of such placement) to the effect
that such placement is in the best interests of the child.
‘‘(3) DEEMED REVOCATION OF AGREEMENTS.—In any case
where—
‘‘(A) the placement of a minor child in foster care
occurred pursuant to a voluntary placement agreement
entered into by the parents or guardians of such child
as provided in subsection (a); and
‘‘(B) such parents or guardians request (in such manner
and form as the Secretary may prescribe) that the child
be returned to their home or to the home of a relative,
the voluntary placement agreement shall be deemed to be
revoked unless the State opposes such request and obtains
a judicial determination, by a court of competent jurisdiction,
that the return of the child to such home would be contrary
to the child’s best interests.
H. R. 4—172
‘‘SEC. 425. REQUIREMENTS FOR ADOPTION ASSISTANCE PAYMENTS.
‘‘(a) IN GENERAL.—A State operating a program under this
part shall enter into adoption assistance agreements with the adop-
tive parents of children with special needs.
‘‘(b) PAYMENTS
UNDER
AGREEMENTS.—Under any adoption
assistance agreement entered into by a State with parents who
adopt a child with special needs who meets the requirements of
subsection (c), the State may make adoption assistance payments
to such parents or through another public or nonprofit private
agency, in amounts determined under subsection (d).
‘‘(c) CHILDREN WITH SPECIAL NEEDS.—For purposes of sub-
section (b), a child meets the requirements of this subsection if
such child—
‘‘(1)(A) at the time adoption proceedings were initiated,
met the requirements of section 406(a) or section 407 (as in
effect on the day before the date of the enactment of this
part) or would have met such requirements except for such
child’s removal from the home of a relative (specified in section
406(a) (as so in effect)), either pursuant to a voluntary place-
ment agreement with respect to which Federal payments are
provided under section 423(b) (or 403 (as so in effect)) or as
a result of a judicial determination to the effect that continu-
ation therein would be contrary to the welfare of such child;
‘‘(B) meets all of the requirements of title XVI with respect
to eligibility for supplemental security income benefits; or
‘‘(C) is a child whose costs in a foster family home or
child-care institution are covered by the foster care maintenance
payments being made with respect to his or her minor parent;
‘‘(2)(A) would have received aid under the eligibility stand-
ards under the State plan approved under section 402 (as
in effect on the day before the date of the enactment of this
part, adjusted for inflation, in accordance with regulations
issued by the Secretary) in or for the month in which such
agreement was entered into or court proceedings leading to
the removal of such child from the home were initiated;
‘‘(B) would have received such aid in or for such month
if application had been made therefor, or had been living with
a relative specified in section 406(a) (as so in effect) within
6 months prior to the month in which such agreement was
entered into or such proceedings were initiated, and would
have received such aid in or for such month if in such month
such child had been living with such a relative and application
therefor had been made; or
‘‘(C) is a child described in subparagraph (A) or (B); and
‘‘(3) has been determined by the State, pursuant to sub-
section (g) of this section, to be a child with special needs.
‘‘(d) DETERMINATION OF PAYMENTS.—The amount of the pay-
ments to be made in any case under subsection (b) shall be deter-
mined through agreement between the adoptive parents and the
State or a public or nonprofit private agency administering the
program under this part, which shall take into consideration the
circumstances of the adopting parents and the needs of the child
being adopted, and may be readjusted periodically, with the concur-
rence of the adopting parents (which may be specified in the adop-
tion assistance agreement), depending upon changes in such
circumstances. However, in no case may the amount of the adoption
assistance payment exceed the foster care maintenance payment
H. R. 4—173
which would have been paid during the period if the child with
respect to whom the adoption assistance payment is made had
been in a foster family home.
‘‘(e) PAYMENT EXCEPTION.—Notwithstanding subsection (d), no
payment may be made to parents with respect to any child who
has attained the age of 18 (or, where the State determines that
the child has a mental or physical disability which warrants the
continuation of assistance, the age of 21), and no payment may
be made to parents with respect to any child if the State determines
that the parents are no longer legally responsible for the support
of the child or if the State determines that the child is no longer
receiving any support from such parents. Parents who have been
receiving adoption assistance payments under this part shall keep
the State or public or nonprofit private agency administering the
program under this part informed of circumstances which would,
pursuant to this section, make them ineligible for such assistance
payments, or eligible for assistance payments in a different amount.
‘‘(f) PRE-ADOPTION
PAYMENTS.—For purposes of this part,
individuals with whom a child who has been determined by the
State, pursuant to subsection (g), to be a child with special needs
is placed for adoption in accordance with applicable State and
local law shall be eligible for adoption assistance payments during
the period of the placement, on the same terms and subject to
the same conditions as if such individuals had adopted such child.
‘‘(g) DETERMINATION OF CHILD WITH SPECIAL NEEDS.—For pur-
poses of this section, a child shall not be considered a child with
special needs unless—
‘‘(1) the State has determined that the child cannot or
should not be returned to the home of the child’s parents;
and
‘‘(2) the State had first determined—
‘‘(A) that there exists with respect to the child a specific
factor or condition such as the child’s ethnic background,
age, or membership in a minority or sibling group, or
the presence of factors such as medical conditions or phys-
ical, mental, or emotional handicaps because of which it
is reasonable to conclude that such child cannot be placed
with adoptive parents without providing adoption assist-
ance under this part or medical assistance under title
XIX or XXI; and
‘‘(B) that, except where it would be against the best
interests of the child because of such factors as the exist-
ence of significant emotional ties with prospective adoptive
parents while in the care of such parents as a foster child,
a reasonable, but unsuccessful, effort has been made to
place the child with appropriate adoptive parents without
providing adoption assistance under this section or medical
assistance under title XIX or XXI.
‘‘SEC. 426. CITIZEN REVIEW PANELS.
‘‘(a) ESTABLISHMENT.—Each State to which a grant is made
under section 423 shall establish at least 3 citizen review panels.
‘‘(b) COMPOSITION.—Each panel established under subsection
(a) shall be broadly representative of the community from which
drawn.
‘‘(c) FREQUENCY OF MEETINGS.—Each panel established under
subsection (a) shall meet not less frequently than quarterly.