677
‘‘(3) improve the intake, assessment, screening,
and investigation of reports of abuse and neglect;
‘‘(4) enhance the general child protective sys-
tem by improving risk and safety assessment tools
and protocols;
‘‘(5) improve legal preparation and representa-
tion, including procedures for appealing and re-
sponding 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 liv-
ing arrangements for children who must be removed
from or who cannot live with their families;
‘‘(9) provide for continuing evaluation and im-
provement of child protection laws, regulations, and
services;
‘‘(10) develop and facilitate training protocols
for individuals mandated to report child abuse or ne-
glect; and
‘‘(11) develop and enhance the capacity of com-
munity-based programs to integrate shared leader-
678
ship 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 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 follow-
ing:
‘‘(1) OUTLINE
OF
CHILD
PROTECTION
PRO-
GRAM.—A written document that outlines the activi-
ties the State intends to conduct to achieve the pur-
pose of this part, including the procedures 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 services for families and
children where the State makes a determination
that the child may safely remain with the fam-
ily;
679
‘‘(D) protecting children by removing them
from dangerous 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 relatives as the preferred placement
for children separated from their parents where
such relatives meet the relevant State child pro-
tection standards; and
‘‘(I) providing services to individuals, fami-
lies, or communities, either directly or through
referral, that are aimed at preventing the occur-
rence of child abuse and neglect.
‘‘(2) CERTIFICATION OF STATE LAW REQUIRING
THE REPORTING OF CHILD ABUSE AND NEGLECT.—
A certification that the State has in effect laws that
require public officials and other professionals to re-
port, in good faith, actual or suspected instances of
child abuse or neglect.
‘‘(3) CERTIFICATION
OF
PROCEDURES
FOR
SCREENING, SAFETY ASSESSMENT, AND PROMPT IN-
680
VESTIGATION.—A certification that the State has in
effect procedures for receiving and responding to re-
ports of child abuse or neglect, including the reports
described in paragraph (2), and for the immediate
screening, safety assessment, and prompt investiga-
tion of such reports.
‘‘(4) CERTIFICATION
OF
STATE
PROCEDURES
FOR REMOVAL AND PLACEMENT OF ABUSED OR NE-
GLECTED CHILDREN.—A certification that the State
has in effect procedures for the removal from fami-
lies 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 IMMU-
NITY FROM PROSECUTION.—A certification that the
State has in effect laws requiring immunity from
prosecution under State and local laws and regula-
tions for individuals making good faith reports of
suspected or known instances of child abuse or ne-
glect.
‘‘(6) CERTIFICATION OF PROVISIONS AND PRO-
CEDURES
RELATING
TO
APPEALS.—A certification
that not later than 2 years after the date of the en-
actment of this part, the State shall have laws and
procedures in effect affording individuals an oppor-
681
tunity to appeal an official finding of abuse or ne-
glect.
‘‘(7) CERTIFICATION
OF
STATE
PROCEDURES
FOR DEVELOPING AND REVIEWING WRITTEN PLANS
FOR PERMANENT PLACEMENT OF REMOVED CHIL-
DREN.—A certification that the State has in effect
procedures for ensuring that a written plan is pre-
pared for children who have been removed from their
families. Such plan shall specify the goals for achiev-
ing a permanent placement for the child in a timely
fashion, for ensuring that the written plan is re-
viewed 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 pro-
cedures.
‘‘(8) CERTIFICATION OF STATE PROGRAM TO
PROVIDE INDEPENDENT LIVING SERVICES.—A cer-
tification that the State has in effect a program to
provide independent living services, for assistance in
making the transition to self-sufficient adulthood, to
individuals in the child protection program of the
State who are 16, but who are not 20 (or, at the op-
tion of the State, 22), years of age, and who do not
have a family to which to be returned.
682
‘‘(9) 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 re-
sponding to the reporting of medical neglect of
infants (including instances of withholding of
medically indicated treatment from disabled in-
fants with life-threatening conditions), proce-
dures or programs, 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 individ-
uals designated by and within appropriate
health-care facilities of cases of suspected
medical neglect (including instances of
withholding of medically indicated treat-
ment from disabled infants with life-threat-
ening conditions); and
‘‘(iii) authority, under State law, for
the State child protective service to pursue
any legal remedies, including the authority
683
to initiate legal proceedings in a court of
competent jurisdiction, as may be nec-
essary to prevent the withholding of medi-
cally indicated treatment from disabled in-
fants with life-threatening conditions.
‘‘(B) WITHHOLDING OF MEDICALLY INDI-
CATED TREATMENT.—As used in subparagraph
(A), the term ‘withholding of medically indi-
cated treatment’ means the failure to respond
to the infant’s life-threatening conditions by
providing treatment (including appropriate nu-
trition, hydration, and medication) which, in the
treating physician’s or physicians’ reasonable
medical judgment, will be most likely to be ef-
fective in ameliorating or correcting all such
conditions, except that such term does not in-
clude the failure to provide treatment (other
than appropriate nutrition, hydration, or medi-
cation) to an infant when, in the treating physi-
cian’s or physicians’ reasonable medical judg-
ment—
‘‘(i) the infant is chronically and irre-
versibly comatose;
‘‘(ii) the provision of such treatment
would—
684
‘‘(I) merely prolong dying;
‘‘(II) not be effective in amelio-
rating or correcting all of the infant’s
life-threatening conditions; or
‘‘(III) otherwise be futile in
terms of the survival 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 it-
self under such circumstances would be in-
humane.
‘‘(10) IDENTIFICATION OF CHILD PROTECTION
GOALS.—The quantitative goals of the State child
protection program.
‘‘(11) 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 neces-
sity for, the foster care placement;
685
‘‘(ii) whether the child could or should
be returned to the parents of the child or
should be freed for adoption or other per-
manent placement; and
‘‘(iii) the services necessary to facili-
tate the return of the child or the place-
ment 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, loca-
tion, 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 super-
vision of the State;
‘‘(iii) a service program designed to
help children—
‘‘(I) where appropriate, return to
families from which they have been
removed; or
686
‘‘(II) be placed for adoption, with
a legal guardian, or if adoption or
legal guardianship is determined not
to be appropriate for a child, in some
other planned, permanent living ar-
rangement; and
‘‘(iv) a preplacement preventive serv-
ices program designed to help children at
risk for foster care placement remain with
their families; and
‘‘(C)(i) has reviewed (or not later than Oc-
tober 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 Oc-
tober 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 place-
ment of such children.
‘‘(12) CERTIFICATION
OF
REASONABLE
EF-
FORTS BEFORE PLACEMENT OF CHILDREN IN FOS-
687
TER 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 determination
that the child may safely remain with the fam-
ily.
‘‘(13) CERTIFICATION
OF
COOPERATIVE
EF-
FORTS.—A certification by the State, where appro-
priate, that all steps will be taken, including cooper-
ative 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 mainte-
nance payments under part E.
‘‘(14) CERTIFICATION
OF
CONFIDENTIALITY
AND
REQUIREMENTS
FOR
INFORMATION
DISCLO-
SURE.—
688
‘‘(A) IN
GENERAL.—A certification that
the State has in effect and operational—
‘‘(i) requirements ensuring that re-
ports and records made and maintained
pursuant to the purposes of this part shall
only be made available to—
‘‘(I) individuals who are the sub-
ject of the report;
‘‘(II) Federal, State, or local gov-
ernment entities, or any agent of such
entities, having a need for such infor-
mation in order to carry out their re-
sponsibilities 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 determina-
tion 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
689
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 fa-
tality.
‘‘(B) LIMITATION.—Disclosures made pur-
suant to clause (i) or (ii) shall not include the
identifying information concerning the individ-
ual initiating a report or complaint alleging sus-
pected 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 deter-
mine whether a plan submitted pursuant to subsection (a)
contains the material required by subsection (a), other
than the material described in paragraph (9) of such sub-
section. 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.
‘‘(a) FUNDING OF BLOCK GRANTS.—
690
‘‘(1) ENTITLEMENT COMPONENT.—
‘‘(A) ELIGIBLE
STATES.—Each eligible
State shall be entitled to receive from the Sec-
retary for each fiscal year specified in sub-
section (b)(1) a grant in an amount equal to
the State share of 99 percent of the child pro-
tection amount for the fiscal year.
‘‘(B) INDIAN TRIBES AND TRIBAL ORGANI-
ZATIONS.—The Secretary shall reserve for pay-
ments to Indian tribes (as defined in section
658P(7) of the Child Care and Development
Block Grant Act of 1990) and tribal organiza-
tions (as defined in section 658P(14) of such
Act) for each fiscal year specified in subsection
(b)(1) an amount equal to 1 percent of the
child protection amount for the fiscal year.
‘‘(2) AUTHORIZATION COMPONENT.—
‘‘(A) IN GENERAL.—
‘‘(i) ELIGIBLE STATES.—For each eli-
gible State for each fiscal year specified in
subsection (b)(1), the Secretary shall sup-
plement the grant under paragraph (1)(A)
of this subsection by an amount equal to
the State share of 99.64 percent of the
amount (if any) appropriated pursuant to
691
subparagraph (B) of this paragraph for
the fiscal year.
‘‘(ii) INDIAN TRIBES AND TRIBAL OR-
GANIZATIONS.—The Secretary shall sup-
plement the amount reserved for payments
pursuant to paragraph (1)(B) of this sub-
section for each fiscal year specified in
subsection (b)(1), by an amount equal to
0.36 percent of the amount (if any) appro-
priated pursuant to subparagraph (B) of
this paragraph for the fiscal year.
‘‘(B) LIMITATION ON AUTHORIZATION OF
APPROPRIATIONS.—For grants under subpara-
graph (A), there are authorized to be appro-
priated to the Secretary an amount not to ex-
ceed $325,000,000 for each fiscal year specified
in subsection (b)(1).
‘‘(b) DEFINITIONS.—As used in this section:
‘‘(1) CHILD PROTECTION AMOUNT.—The term
‘child protection amount’ means—
‘‘(A) $240,000,000 for fiscal year 1997;
‘‘(B) $255,000,000 for fiscal year 1998;
‘‘(C) $262,000,000 for fiscal year 1999;
‘‘(D) $270,000,000 for fiscal year 2000;
692
‘‘(E) $278,000,000 for fiscal year 2001;
and
‘‘(F) $286,000,000 for fiscal year 2002;
‘‘(2) STATE SHARE.—
‘‘(A) IN
GENERAL.—The term ‘State
share’ means the qualified child protection ex-
penses of the State divided by the sum of the
qualified child protection expenses of all of the
States.
‘‘(B) QUALIFIED CHILD PROTECTION EX-
PENSES.—The term ‘qualified child protection
expenses’ means, with respect to a State the
greater of—
‘‘(i) the total amount of one-third of
the Federal grant amounts to the State
under the provisions of law specified in
clauses (i) and (ii) of subparagraph (C) for
fiscal years 1992, 1993, and 1994; or
‘‘(ii) the total amount of the Federal
grant amounts to the State under the pro-
visions of law specified in clauses (i) and
(ii) of subparagraph (C) for fiscal year
1994.
‘‘(C) PROVISIONS OF LAW.—The provisions
of law specified in this subparagraph are the
693
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.
‘‘(D) 
DETERMINATION
OF
INFORMA-
TION.—In determining amounts for fiscal years
1992, 1993, and 1994 under clauses (i) and (ii)
of subparagraph (B), the Secretary shall use in-
formation listed as actual amounts in the Jus-
tification for Estimates for Appropriation Com-
mittees of the Administration for Children and
Families for fiscal years 1994, 1995, and 1996,
respectively.
‘‘(c) 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 accom-
plish 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 total amount of the grant not
later than the end of the immediately succeeding fis-
cal year.
694
‘‘(3) RULE
OF
INTERPRETATION.—This part
shall not be interpreted to prohibit short- and long-
term foster care facilities operated for profit from
receiving funds provided under this part or part E.
‘‘(4) PROHIBITION AGAINST USE OF FUNDS FOR
FOSTER CARE MAINTENANCE OR ADOPTION ASSIST-
ANCE PAYMENTS.—Funds provided under this part
shall not be used to make foster care maintenance
payments or adoption assistance payments under
any State plan approved under part E.
‘‘(d) 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.
‘‘(e) 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 para-
graph) 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.
695
‘‘(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 part B 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 sec-
tion 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:
696
‘‘(i) For fiscal years 1997 and 1998,
100 percent.
‘‘(ii) For fiscal years 1999 through
2002, 75 percent.
‘‘(3) FOR FAILURE TO SUBMIT REQUIRED RE-
PORT.—
‘‘(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 424 for the immediately preceding fiscal
year, within 6 months after the end of the im-
mediately preceding fiscal year.
‘‘(B) RESCISSION OF PENALTY.—The Sec-
retary 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 suc-
ceeding fiscal year.
‘‘(4) 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
697
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.
‘‘(5) 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 re-
quirement if the Secretary determines that the State
has reasonable cause for failing to comply with the
requirement.
‘‘(6) CORRECTIVE COMPLIANCE PLAN.—
‘‘(A) IN GENERAL.—
‘‘(i) NOTIFICATION OF VIOLATION.—
Before imposing a penalty against a State
under this subsection with respect to a vio-
lation of this part, the Secretary shall no-
tify the State of the violation and allow the
State the opportunity to enter into a cor-
rective 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
698
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 Govern-
ment a corrective compliance plan to cor-
rect the violation.
‘‘(iii) CONSULTATION
ABOUT
MODI-
FICATIONS.—During the 60-day period
that begins with the date the Secretary re-
ceives a corrective compliance plan submit-
ted by a State in accordance with clause
(ii), the Secretary may consult with the
State on modifications to the plan.
‘‘(iv) ACCEPTANCE OF PLAN.—A cor-
rective compliance 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
VIOLA-
TION.—The Secretary may not impose any pen-
alty under this subsection with respect to any
violation covered by a State corrective compli-
699
ance 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 compli-
ance plan accepted by the Secretary.
‘‘(7) LIMITATION ON AMOUNT OF PENALTY.—
‘‘(A) IN GENERAL.—In imposing the pen-
alties described in this subsection, the Secretary
shall not reduce any quarterly 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 dur-
ing 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
remaining amount of such penalties to the
grant payable to the State under subsection (a)
for the immediately succeeding fiscal year.
‘‘(f) TREATMENT OF TERRITORIES.—
700
‘‘(1) IN GENERAL.—A territory, as defined in
section 1108(b)(1), shall carry out a child protection
program in accordance with the provisions of this
part.
‘‘(2) PAYMENTS.—Subject to the mandatory
ceiling amounts specified in section 1108, each terri-
tory, 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.
‘‘(g) 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. DATA COLLECTION AND REPORTING.
‘‘(a) NATIONAL CHILD ABUSE AND NEGLECT DATA
SYSTEM.—The Secretary shall establish a national data
collection and analysis program—
‘‘(1) which, to the extent practicable, coordi-
nates existing State child abuse and neglect reports
and which shall include—
‘‘(A) standardized data on substantiated,
as well as false, unfounded, or unsubstantiated
reports; and
701
‘‘(B) information on the number of deaths
due to child abuse and neglect; and
‘‘(2) which shall collect, compile, analyze, and
make available State child abuse and neglect report-
ing information which, to the extent practical, is uni-
versal and case-specific and integrated with other
case-based foster care and adoption data collected by
the Secretary.
‘‘(b) ADOPTION AND FOSTER CARE AND ANALYSIS
AND REPORTING SYSTEMS.—The Secretary shall imple-
ment a system for the collection of data relating to adop-
tion and foster care in the United States. Such data collec-
tion system shall—
‘‘(1) avoid unnecessary diversion of resources
from agencies responsible for adoption and foster
care;
‘‘(2) assure that any data that is collected is re-
liable and consistent over time and among jurisdic-
tions through the use of uniform definitions and
methodologies;
‘‘(3) provide comprehensive national informa-
tion with respect to—
‘‘(A) the demographic characteristics of
adoptive and foster children and their biological
and adoptive or foster parents;
702
‘‘(B) the status of the foster care popu-
lation (including the number of children in fos-
ter care, length of placement, type of place-
ment, availability for adoption, and goals for
ending or continuing foster care);
‘‘(C) the number and characteristics of—
‘‘(i) children placed in or removed
from foster care;
‘‘(ii) children adopted or with respect
to whom adoptions have been terminated;
and
‘‘(iii) children placed in foster care
outside the State which has placement and
care responsibility; and
‘‘(D) the extent and nature of assistance
provided by Federal, State, and local adoption
and foster care programs and the characteris-
tics of the children with respect to whom such
assistance is provided; and
‘‘(4) utilize appropriate requirements and incen-
tives to ensure that the system functions reliably
throughout the United States.
‘‘(c) ADDITIONAL
INFORMATION.—The Secretary
may require the provision of additional information under
the data collection system established under subsection (b)
703
if the addition of such information is agreed to by a major-
ity of the States.
‘‘(d) ANNUAL REPORT BY THE SECRETARY.—Not
later than 6 months after the end of each fiscal year, the
Secretary shall prepare a report based on information pro-
vided by the States for the fiscal year pursuant to this
section, and shall make the report and such information
available to the Congress and the public.
‘‘SEC. 425. FUNDING FOR STUDIES OF CHILD WELFARE.
‘‘(a) NATIONAL RANDOM SAMPLE STUDY OF CHILD
WELFARE.—There are authorized to be appropriated and
there are appropriated to the Secretary for each of fiscal
years 1996 through 2002—
‘‘(1) $6,000,000 to conduct a national study
based on random samples of children who are at risk
of child abuse or neglect, or are determined by
States to have been abused or neglected under sec-
tion 208 of the Child and Family Services Block
Grant Act of 1996; and
‘‘(2) $10,000,000 for such other research as
may be necessary under such section.
‘‘(b) ASSESSMENT OF STATE COURTS IMPROVEMENT
OF HANDLING OF PROCEEDINGS RELATING TO FOSTER
CARE AND ADOPTION.—There are authorized to be appro-
priated and there are appropriated to the Secretary for
704
each of fiscal years 1996 through 1998 $10,000,000 for
the purpose of carrying out section 13712 of the Omnibus
Budget Reconciliation Act of 1993 (42 U.S.C. 670 note).
All funds appropriated under this subsection shall be ex-
pended not later than September 30, 1999.
‘‘SEC. 426. DEFINITIONS.
‘‘For purposes of this part and part E, the following
definitions shall apply:
‘‘(1) ADMINISTRATIVE REVIEW.—The term ‘ad-
ministrative review’ means a review open to the par-
ticipation of the parents of the child, conducted by
a panel of appropriate persons at least one of whom
is not responsible for the case management of, or
the delivery of services to, either the child or the
parents who are the subject of the review.
‘‘(2) ADOPTION ASSISTANCE AGREEMENT.—The
term ‘adoption assistance agreement’ means a writ-
ten agreement, binding on the parties to the agree-
ment, between the State, other relevant agencies,
and the prospective adoptive parents of a minor
child which at a minimum—
‘‘(A) specifies the nature and amount of
any payments, services, and assistance to be
provided under such agreement; and
705
‘‘(B) stipulates that the agreement shall
remain in effect regardless of the State of
which the adoptive parents are residents at any
given time.
The agreement shall contain provisions for the pro-
tection (under an interstate compact approved by
the Secretary or otherwise) of the interests of the
child in cases where the adoptive parents and child
move to another State while the agreement is effec-
tive.
‘‘(3) CASE PLAN.—The term ‘case plan’ means
a written document which includes at least the fol-
lowing:
‘‘(A) A description of the type of home or
institution in which a child is to be placed, in-
cluding a discussion of the appropriateness of
the placement and how the agency which is re-
sponsible for the child plans to carry out the
voluntary placement agreement entered into or
judicial determination made with respect to the
child in accordance with section 472(a)(1).
‘‘(B) A plan for assuring that the child re-
ceives proper care and that services are pro-
vided to the parents, child, and foster parents
in order to improve the conditions in the par-
706
ents’ home, facilitate return of the child to his
or her own home or the permanent placement
of the child, and address the needs of the child
while in foster care, including a discussion of
the appropriateness of the services that have
been provided to the child under the plan.
‘‘(C) To the extent available and acces-
sible, the health and education records of the
child, including—
‘‘(i) the names and addresses of the
child’s health and educational providers;
‘‘(ii) the child’s grade level perform-
ance;
‘‘(iii) the child’s school record;
‘‘(iv) assurances that the child’s place-
ment in foster care takes into account
proximity to the school in which the child
is enrolled at the time of placement;
‘‘(v) a record of the child’s immuniza-
tions;
‘‘(vi) the child’s known medical prob-
lems;
‘‘(vii) the child’s medications; and
707
‘‘(viii) any other relevant health and
education information concerning the child
determined to be appropriate by the State.
Where appropriate, for a child age 16 or over,
the case plan must also include a written de-
scription of the programs and services which
will help such child prepare for the transition
from foster care to independent living.
‘‘(4) CASE REVIEW SYSTEM.—The term ‘case
review system’ means a procedure for assuring
that—
‘‘(A) each child has a case plan designed to
achieve placement in the least restrictive (most
family-like) and most appropriate setting avail-
able and in close proximity to the parents’
home, consistent with the best interests and
special needs of the child, which—
‘‘(i) if the child has been placed in a
foster family home or child-care institution
a substantial distance from the home of
the parents of the child, or in a State dif-
ferent from the State in which such home
is located, sets forth the reasons why such
placement is in the best interests of the
child; and
708
‘‘(ii) if the child has been placed in
foster care outside the State in which the
home of the parents of the child is located,
requires that, periodically, but not less fre-
quently than every 12 months, a case-
worker on the staff of the State in which
the home of the parents of the child is lo-
cated, or of the State in which the child
has been placed, visit such child in such
home or institution and submit a report on
such visit to the State in which the home
of the parents of the child is located;
‘‘(B) the status of each child is reviewed
periodically but no less frequently than once
every 6 months by either a court or by adminis-
trative review (as defined in paragraph (1)) in
order to determine the continuing necessity for
and appropriateness of the placement, the ex-
tent of compliance with the case plan, and the
extent of progress which has been made toward
alleviating or mitigating the causes necessitat-
ing placement in foster care, and to project a
likely date by which the child may be returned
to the home or placed for adoption or legal
guardianship;
709
‘‘(C) with respect to each such child, pro-
cedural safeguards will be applied, among other
things, to assure each child in foster care under
the supervision of the State of a dispositional
hearing to be held, in a family or juvenile court
or another court (including a tribal court) of
competent jurisdiction, or by an administrative
body appointed or approved by the court, no
later than 18 months after the original place-
ment (and not less frequently than every 12
months thereafter during the continuation of
foster care), which hearing shall determine the
future status of the child (including whether the
child should be returned to the parent, should
be continued in foster care for a specified pe-
riod, should be placed for adoption, or should
(because of the child’s special needs or cir-
cumstances) be continued in foster care on a
permanent or long-term basis) and, in the case
of a child described in subparagraph (A)(ii),
whether the out-of-State placement continues to
be appropriate and in the best interests of the
child, and, in the case of a child who has at-
tained age 16, the services needed to assist the
child to make the transition from foster care to
710
independent living; and procedural safeguards
shall also be applied with respect to parental
rights pertaining to the removal of the child
from the home of his parents, to a change in
the child’s placement, and to any determination
affecting visitation privileges of parents; and
‘‘(D) a child’s health and education record
(as described in paragraph (3)(C)) is reviewed
and updated, and supplied to the foster parent
or foster care provider with whom the child is
placed, at the time of each placement of the
child in foster care.
‘‘(5) CHILD-CARE
INSTITUTION.—The term
‘child-care institution’ means a private child-care in-
stitution, or a public child-care institution which ac-
commodates no more than 25 children, which is li-
censed by the State in which it is situated or has
been approved, by the agency of such State respon-
sible for licensing or approval of institutions of this
type, as meeting the standards established for such
licensing, but the term shall not include detention
facilities, forestry camps, training schools, or any
other facility operated primarily for the detention of
children who are determined to be delinquent.
711
‘‘(6) 
FOSTER
CARE
MAINTENANCE
PAY-
MENTS.—
‘‘(A) IN GENERAL.—The term ‘foster care
maintenance payments’ means payments to
cover the cost of (and the cost of providing)
food, clothing, shelter, daily supervision, school
supplies, a child’s personal incidentals, liability
insurance with respect to a child, and reason-
able travel to the child’s home for visitation. In
the case of institutional care, such term shall
include the reasonable costs of administration
and operation of such institution as are nec-
essarily required to provide the items described
in the preceding sentence.
‘‘(B) SPECIAL RULE.—In cases where—
‘‘(i) a child placed in a foster family
home or child-care institution is the parent
of a son or daughter who is in the same
home or institution; and
‘‘(ii) payments described in subpara-
graph (A) are being made under this part
with respect to such child,
the foster care maintenance payments made
with respect to such child as otherwise deter-
mined under subparagraph (A) shall also in-
712
clude such amounts as may be necessary to
cover the cost of the items described in that
subparagraph with respect to such son or
daughter.
‘‘(7) FOSTER FAMILY HOME.—The term ‘foster
family home’ means a foster family home for chil-
dren which is licensed by the State in which it is sit-
uated or has been approved, by the agency of such
State having responsibility for licensing homes of
this type, as meeting the standards established for
such licensing.
‘‘(8) PARENTS.—The term ‘parents’ means bio-
logical or adoptive parents or legal guardians, as de-
termined by applicable State law.
‘‘(9) STATE.—The term ‘State’ means the 50
States and the District of Columbia.
‘‘(10) VOLUNTARY
PLACEMENT.—The term
‘voluntary placement’ means an out-of-home place-
ment of a minor, by or with participation of the
State, after the parents or guardians of the minor
have requested the assistance of the State and
signed a voluntary placement agreement.
‘‘(11) VOLUNTARY PLACEMENT AGREEMENT.—
The term ‘voluntary placement agreement’ means a
written agreement, binding on the parties to the
713
agreement, between the State, any other agency act-
ing on its behalf, and the parents or guardians of a
minor child which specifies, at a minimum, the legal
status of the child and the rights and obligations of
the parents or guardians, the child, and the agency
while the child is in placement.’’.
SEC. 4702. CONFORMING AMENDMENTS.
(a) AMENDMENTS TO PART D OF TITLE IV OF THE
SOCIAL SECURITY ACT.—
(1) Section 452(a)(10)(C) of the Social Security
Act (42 U.S.C. 652(a)(10)(C)), as amended by sec-
tion 4108(b)(2) of this Act, is amended by striking
‘‘or under section 471(a)(17),’’.
(2) Section 452(g)(2)(A) of such Act (42
U.S.C. 652(g)(2)(A)), as amended by paragraphs
(6) and (7) of section 4108(b) of this Act, is amend-
ed by inserting ‘‘or benefits or services for foster
care maintenance were being provided under the
State program funded under part E’’ after ‘‘part A’’
each place it appears.
(3) Section 466(a)(3)(B) of such Act (42
U.S.C. 666(a)(3)(B)), as amended by section
4108(b)(14) of this Act, is amended by striking ‘‘or
471(a)(17)’’.
714
(b) AMENDMENT TO SECTION 9442 OF THE OMNI-
BUS BUDGET RECONCILIATION ACT OF 1986.—Section
9442(4) of the Omnibus Budget Reconciliation Act of
1986 (42 U.S.C. 679a(4)) is amended by inserting ‘‘(as
in effect before October 1, 1995)’’ after ‘‘Act’’.
(c) REDESIGNATION AND AMENDMENTS OF SECTION
1123.—
(1) REDESIGNATION.—The Social Security Act
is amended by redesignating section 1123, the sec-
ond place it appears (42 U.S.C. 1320a–1a), as sec-
tion 1123A.
(2) AMENDMENTS.—Section 1123A of such
Act, as so redesignated, is amended in subsection
(a)—
(A) by striking ‘‘The Secretary’’ and in-
serting ‘‘Notwithstanding section 423(g), the
Secretary’’; and
(B) in paragraph (2), by inserting ‘‘under
this section’’ after ‘‘promulgated’’.
Subchapter B—Foster Care, Adoption Assist-
ance, and Independent Living Programs
SEC. 4711. CONFORMING AMENDMENTS TO PART E OF
TITLE IV.
(a) PURPOSE; APPROPRIATION.—Section 470 of the
Social Security Act (42 U.S.C 670) is amended—
715
(1) by amending the heading to read as follows:
‘‘SEC. 470. PURPOSE; APPROPRIATION.’’; and
(2) in the second sentence, by striking ‘‘this
part’’ and inserting ‘‘section 422’’.
(b) STATE PLAN FOR FOSTER CARE AND ADOPTION
ASSISTANCE.—Section 471 of such Act (42 U.S.C. 671)
is amended to read as follows:
‘‘SEC. 471. ELIGIBLE STATES.
‘‘In order for a State to be eligible for payments
under this part, the State shall have submitted to the Sec-
retary a plan which satisfies the requirements of section
422.’’.
(c) FOSTER CARE MAINTENANCE PAYMENTS PRO-
GRAM.—Section 472 of such Act (42 U.S.C. 672) is
amended to read as follows:
‘‘SEC. 472. REQUIREMENTS FOR FOSTER CARE MAINTE-
NANCE PAYMENTS.
‘‘(a) IN GENERAL.—Each State operating a program
under this part shall make foster care maintenance pay-
ments, as defined in section 426(6) with respect to a child
who would meet the requirements of section 406(a) (as
in effect on the day before the date of the enactment of
the Personal Responsibility and Work Opportunity Act of
1996) or of section 407 (as so in effect) but for the re-
716
moval 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 pur-
suant to a voluntary placement agreement entered
into by the child’s parent or legal guardian, or was
the result of a judicial determination 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)(12) have been
made;
‘‘(2) such child’s placement and care are the re-
sponsibility of—
‘‘(A) the State; or
‘‘(B) any other public agency with which
the State has made an agreement for the ad-
ministration of the State program under this
part which is still in effect;
‘‘(3) such child has been placed in a foster fam-
ily home or child-care institution as a result of the
voluntary placement agreement or judicial deter-
mination 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
717
on the day before the date of the enactment of
this part and adjusted for inflation, in accord-
ance 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; or
‘‘(B) would have received such aid in or for
such month if application had been made there-
for, 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 pro-
ceedings 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.
‘‘(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 in-
dividual or to a public or private child placement or
child-care agency; or
718
‘‘(2) in a child-care institution, whether the
payments therefore 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 in-
clude in such payments only those items which are
included in the term ‘foster care maintenance pay-
ments’ (as defined in section 426(6)).
‘‘(c) VOLUNTARY PLACEMENTS.—
‘‘(1) SATISFACTION
OF
CHILD
PROTECTION
STANDARDS.—Notwithstanding any other provision
of this section, Federal payments 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)(11).
‘‘(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
719
subsection (a) and has remained in voluntary place-
ment for a period in excess of 180 days, unless there
has been a judicial determination by a court of com-
petent jurisdiction (within the first 180 days of such
placement) that such placement is in the best inter-
ests of the child.
‘‘(3) DEEMED REVOCATION OF AGREEMENTS.—
In any case where—
‘‘(A) the placement of a minor child in fos-
ter care occurred pursuant to a voluntary place-
ment agreement entered into by the parents or
guardians of such child as provided in sub-
section (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.
‘‘(d) ELIGIBILITY FOR MEDICAL ASSISTANCE.—For
purposes of titles XIX and XX, any child with respect to
720
whom foster care maintenance payments are made under
this section is deemed to be a recipient of cash assistance
under part A of this title. For the purposes of the preced-
ing sentence, 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, as provided in section 426(6)(B), shall
be considered a child with respect to whom foster care
maintenance payments are made under this section.’’.
(d) ADOPTION ASSISTANCE PROGRAM.—Section 473
of such Act (42 U.S.C. 673) is amended to read as follows:
‘‘SEC. 473. REQUIREMENTS FOR ADOPTION ASSISTANCE
PAYMENTS.
‘‘(a) IN GENERAL.—A State operating a program
under this part shall enter into adoption assistance agree-
ments with the adoptive parents of children with special
needs.
‘‘(b) PAYMENTS UNDER AGREEMENTS.—
‘‘(1) IN GENERAL.—Under any adoption assist-
ance agreement entered into by a State with parents
who adopt a child with special needs, the State—
‘‘(A) shall make payments of nonrecurring
adoption expenses incurred by or on behalf of
such parents in connection with the adoption of
such child, directly through the State agency or
721
through another public or nonprofit private
agency, in amounts determined under sub-
section (e), and
‘‘(B) in any case where the child meets the
requirements of subsection (d), may make adop-
tion assistance payments to such parents, di-
rectly through the State agency or through an-
other public or nonprofit private agency, in
amounts so determined.
‘‘(2) DEFINITION OF NONRECURRING ADOPTION
EXPENSES.—
‘‘(A) IN GENERAL.—For purposes of para-
graph (1)(A), the term ‘nonrecurring adoption
expenses’ means reasonable and necessary
adoption fees, court costs, attorney fees, and
other expenses which are directly related to the
legal adoption of a child with special needs and
which are not incurred in violation of State or
Federal law.
‘‘(B) TREATMENT AS AN ADMINISTRATIVE
EXPENSE.—A State’s payment of nonrecurring
adoption expenses under an adoption assistance
agreement shall be treated as an expenditure
made for the proper and efficient administra-
722
tion of the State plan for purposes of section
474(a)(3)(E).
‘‘(c) ELIGIBILITY FOR MEDICAL ASSISTANCE.—For
purposes of titles XIX and XX, any child—
‘‘(1)(A) who is a child described in subsection
(b), and
‘‘(B) with respect to whom an adoption assist-
ance agreement is in effect under this section
(whether or not adoption assistance payments are
provided under the agreement or are being made
under this section), including any such child who has
been placed for adoption in accordance with applica-
ble State and local law (whether or not an interlocu-
tory or other judicial decree of adoption has been is-
sued), or
‘‘(2) with respect to whom foster care mainte-
nance payments are being made under section 472,
is deemed to be a recipient of cash assistance under part
A of this title in the State where such child resides. For
purposes of the preceding sentence, a child whose costs
in a foster family home or child-care institution are cov-
ered by the foster care maintenance payments being made
with respect to his or her minor parent, as provided in
section 426(6)(B), shall be considered a child with respect
723
to whom foster care maintenance payments are being
made under section 472.
‘‘(d) CHILDREN WITH SPECIAL NEEDS.—For pur-
poses of subsection (b)(1)(B), a child meets the require-
ments of this subsection if such child—
‘‘(1)(A) at the time adoption proceedings were
initiated, met the requirements of section 406(a) (as
in effect on the day before the date of the enactment
of the Personal Responsibility and Work Oppor-
tunity Act of 1996) or section 407 (as so in effect)
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 placement agreement with
respect to which Federal payments are provided
under section 474 (or 403 (as so in effect)) or as
a result of a judicial determination to the effect that
continuation therein would be contrary to the wel-
fare 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 fos-
724
ter care maintenance payments being made with re-
spect to his or her minor parent;
‘‘(2)(A) would have received aid under the eligi-
bility standards 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 in-
flation, in accordance with regulations issued by the
Secretary) in or for the month in which such agree-
ment was entered into or court proceedings leading
to the removal of such child from the home were ini-
tiated;
‘‘(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 re-
ceived such aid in or for such month if in such
month such child had been living with such a rel-
ative 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, pursu-
ant to subsection (h) of this section, to be a child
with special needs.
725
‘‘(e) DETERMINATION OF PAYMENTS.—The amount
of the payments to be made in any case under subsection
(b) shall be determined 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 con-
currence of the adopting parents (which may be specified
in the adoption 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 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.
‘‘(f) PAYMENT EXCEPTION.—Notwithstanding sub-
section (e), no payment may be made to parents with re-
spect 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
726
child is no longer receiving any support from such parents.
Parents who have been receiving adoption assistance pay-
ments under this part shall keep the State or public or
nonprofit private agency administering the program under
this part informed of circumstances which would, pursu-
ant to this section, make them ineligible for such assist-
ance payments, or eligible for assistance payments in a
different amount.
‘‘(g) PREADOPTION PAYMENTS.—For purposes of
this part, individuals with whom a child who has been de-
termined by the State, pursuant to subsection (h), to be
a child with special needs is placed for adoption in accord-
ance 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.
‘‘(h) DETERMINATION
OF CHILD WITH SPECIAL
NEEDS.—For purposes 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
727
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 assistance under
this part or medical assistance under title XIX;
and
‘‘(B) that, except where it would be
against the best interests of the child because
of such factors as the existence 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 as-
sistance under this section or medical assistance
under title XIX.’’.
(e) PAYMENTS
TO
STATES; ALLOTMENTS
TO
STATES.—Section 474 of such Act (42 U.S.C. 674) is
amended to read as follows:
‘‘SEC. 474. PAYMENTS TO STATES; ALLOTMENTS TO STATES.
‘‘(a) FOSTER CARE, ADOPTION ASSISTANCE, AND
INDEPENDENT LIVING PROGRAMS PAYMENTS.—Each eli-
728
gible State, as determined under section 471, shall be enti-
tled to receive from the Secretary for each quarter of each
fiscal year a payment equal to the sum of—
‘‘(1) 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 the enactment of the Personal Responsibility and
Work Opportunity Act of 1996) of the total amount
expended during such quarter as foster care mainte-
nance payments under the child protection program
under this part for children in foster family homes
or child-care institutions; plus
‘‘(2) 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 ex-
pended during such quarter as adoption assistance
payments under the child protection program under
this part pursuant to adoption assistance agree-
ments; plus
‘‘(3) an amount equal to the sum of the follow-
ing proportions of the total amounts expended dur-
ing such quarter as found necessary by the Sec-
retary for the provision of child placement services
and for the proper and efficient administration of
730
‘‘(C) 50 percent (or, if the quarter is in
fiscal year 1997, 75 percent) of so much of
such expenditures as are for the planning, de-
sign, development, or installation of statewide
mechanized data collection and information re-
trieval systems (including 50 percent (or, if the
quarter is in fiscal year 1997, 75 percent) of
the full amount of expenditures for hardware
components for such systems) but only to the
extent that such systems—
‘‘(i) meet the requirements imposed
by regulations;
‘‘(ii) to the extent practicable, are ca-
pable of interfacing with the State data
collection system that collects information
relating to child abuse and neglect;
‘‘(iii) to the extent practicable, have
the capability of interfacing with, and re-
trieving information from, the State data
collection system that collects information
relating to the eligibility of individuals
under part A (for the purposes of facilitat-
ing verification of eligibility of foster chil-
dren); and
731
‘‘(iv) are determined by the Secretary
to be likely to provide more efficient, eco-
nomical, and effective administration of
the programs carried out under a State
plan approved under this part;
‘‘(D) 50 percent of so much of such ex-
penditures as are for the operation of the state-
wide mechanized data collection and informa-
tion retrieval systems referred to in subpara-
graph (C); and
‘‘(E) one-half of the remainder of such ex-
penditures; plus
‘‘(4) an amount equal to the sum of—
‘‘(A) so much of the amounts expended by
such State to carry out a program under sec-
tion 476, as do not exceed the basic amount for
such State determined under subsection (e)(1)
of such section; and
‘‘(B) the lesser of—
‘‘(i) 
one-half 
of 
any 
additional
amounts expended by such State for such
programs; or
‘‘(ii) the maximum additional amount
for such State under subsection (e)(1) of
such section.
732
‘‘(b) AUTOMATED
DATA
COLLECTION
EXPENDI-
TURES.—The Secretary shall treat as necessary for the
proper and efficient administration of the State plan all
expenditures of a State necessary in order for the State
to plan, design, develop, install, and operate data collec-
tion and information retrieval systems, without regard to
whether the systems may be used with respect to foster
or adoptive children other than those on behalf of whom
foster care maintenance payments or adoption assistance
payments may be made under this part.
‘‘(c) ESTIMATES BY THE SECRETARY.—
‘‘(1) IN GENERAL.—The Secretary shall, prior
to the beginning of each quarter, estimate the
amount which a State will be entitled to receive
under subsection (a) for such quarter, such esti-
mates to be based on—
‘‘(A) a report filed by the State containing
its estimate of the total sum to be expended in
such quarter in accordance with subsection (a),
and stating the amount appropriated or made
available by the State and its political subdivi-
sions for such expenditures in such quarter, and
if such amount is less than the State’s propor-
tionate share of the total sum of such estimated
733
expenditures, the source or sources from which
the difference is expected to be derived;
‘‘(B) records showing the number of chil-
dren in the State receiving assistance under
this part; and
‘‘(C) such other information as the Sec-
retary may find necessary.
‘‘(2) PAYMENTS.—The Secretary shall pay to
the States the amounts so estimated under para-
graph (1), 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 subsection.
‘‘(3) PRO RATA SHARE.— The pro rata share to
which the United States is equitably entitled, as de-
termined by the Secretary, of the net amount recov-
ered during any quarter by the State or any political
subdivision thereof with respect to foster care and
adoption assistance furnished under this part shall
be considered an overpayment to be adjusted under
this subsection.
‘‘(d) ALLOWANCE OR DISALLOWANCE OF CLAIM.—
734
‘‘(1) IN GENERAL.—Within 60 days after re-
ceipt of a State claim for expenditures pursuant to
subsection (b)(1), the Secretary shall allow, disallow,
or defer such claim.
‘‘(2) 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 addi-
tional information necessary to determine the allow-
ability of the claim.
‘‘(3) DECISION.—Within 90 days after receiving
such necessary information (in readily reviewable
form), the Secretary shall—
‘‘(A) disallow the claim, if able to complete
the review and determine that the claim is not
allowable; or
‘‘(B) 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 allow-
able; or
‘‘(ii) on the basis of findings of an
audit or financial management review.’’.
(f) DEFINITIONS.—Section 475 of such Act (42
U.S.C. 675) is amended to read as follows:
735
‘‘SEC. 475. DEFINITIONS.
For definitions of terms used in this part, see section
426.’’.
(g) TECHNICAL ASSISTANCE; DATA COLLECTION
AND EVALUATION.—Part E of title IV of such Act is
amended by striking section 476.
(h) INDEPENDENT LIVING INITIATIVES.—Part E of
title IV of such Act (42 U.S.C. 670 et seq.), as amended
by subsection (g) of this section, is amended—
(1) by redesignating section 477 as section 476;
and
(2) by amending section 476, as so redesig-
nated, to read as follows:
‘‘SEC. 476. REQUIREMENTS FOR INDEPENDENT LIVING
PROGRAMS.
‘‘(a) PAYMENTS FOR INDEPENDENT LIVING PRO-
GRAMS.—
‘‘(1) IN GENERAL.—Payments shall be made in
accordance with this section for the purpose of as-
sisting States and localities in establishing and car-
rying out programs designed to assist children de-
scribed in paragraph (2) who have attained age 16
in making the transition from foster care to inde-
pendent living. Any State which provides for the es-
tablishment and carrying out of one or more such
programs in accordance with this section for a fiscal
736
year shall be entitled to receive payments under this
section for such fiscal year, in an amount deter-
mined under subsection (e).
‘‘(2) PROGRAM
REQUIREMENTS.—A program
established and carried out under paragraph (1)—
‘‘(A) shall be designed to assist children
with respect to whom foster care maintenance
payments are being made by the State under
this part;
‘‘(B) may at the option of the State also
include any or all other children in foster care
under the responsibility of the State; and
‘‘(C) may at the option of the State also
include any child who has not attained age 21
to whom foster care maintenance payments
were previously made by a State under this part
and whose payments were discontinued on or
after the date such child attained age 16, and
any child who previously was in foster care de-
scribed in subparagraph (B) and for whom such
care was discontinued on or after the date such
child attained age 16; and a written transitional
independent living plan of the type described in
subsection (d)(6) shall be developed for such
child as a part of such program.
737
‘‘(b) USE OF FUNDS.—Payment under this section
shall be made to the State, and shall be used for the pur-
pose of conducting and providing in accordance with this
section (directly or under contracts with local govern-
mental entities or private nonprofit organizations) the ac-
tivities and services required to carry out the program or
programs involved.
‘‘(c) SUBMISSION OF PROGRAM DESCRIPTION AND
ASSURANCES.—In order for a State to receive payments
under this section for any fiscal year, the State, prior to
February 1 of such fiscal year, must submit to the Sec-
retary, in such manner and form as the Secretary may
prescribe, a description of the program together with satis-
factory assurances that the program will be operated in
an effective and efficient manner and will otherwise meet
the requirements of this section.
‘‘(d) PROGRAM OBJECTIVES.—In carrying out the
purpose described in subsection (a), it shall be the objec-
tive of each program established under this section to help
the individuals participating in such program to prepare
to live independently upon leaving foster care. Such pro-
grams may include (subject to the availability of funds)
programs to—
738
‘‘(1) enable participants to seek a high school
diploma or its equivalent or to take part in appro-
priate vocational training;
‘‘(2) provide training in daily living skills, budg-
eting, locating and maintaining housing, and career
planning;
‘‘(3) provide for individual and group counsel-
ing;
‘‘(4) integrate and coordinate services otherwise
available to participants;
‘‘(5) provide for the establishment of outreach
programs designed to attract individuals who are eli-
gible to participate in the program;
‘‘(6) provide each participant a written transi-
tional independent living plan which shall be based
on an assessment of his needs, and which shall be
incorporated into his case plan, as defined in section
426(3); and
‘‘(7) provide participants with other services
and assistance designed to improve their transition
to independent living.
‘‘(e) DETERMINATION OF PAYMENTS.—
‘‘(1) BASIC AMOUNT.—
‘‘(A) IN GENERAL.—The basic amount to
which a State shall be entitled under section
739
474(a)(4) for a fiscal year shall be an amount
which bears the same ratio to the basic ceiling
for such fiscal year as such State’s average
number of children receiving foster care mainte-
nance payments under part E in fiscal year
1984 bore to the total of the average number
of children receiving such payments under such
part for all States for fiscal year 1984.
‘‘(B) MAXIMUM
ADDITIONAL
AMOUNT.—
The maximum additional amount to which a
State shall be entitled under section 474(a)(4)
for a fiscal year shall be an amount which bears
the same ratio to the additional ceiling for such
fiscal year as the basic amount of such State
bears to $45,000,000.
‘‘(C) DEFINITIONS.—For purposes of this
section:
‘‘(i) BASIC CEILING.—The term ‘basic
ceiling’ 
means, 
for 
any 
fiscal 
year,
$45,000,000.
‘‘(ii) 
ADDITIONAL
CEILING.—The
term ‘additional ceiling’ means, for any fis-
cal year, $25,000,000.
‘‘(2) REALLOCATION OF FUNDS.—If any State
does not apply for funds under this section for any
740
fiscal year within the time provided in subsection
(c), the funds to which such State would have been
entitled for such fiscal year shall be reallocated to
one or more other States on the basis of their rel-
ative need for additional payments under this section
(as determined by the Secretary).
‘‘(3) SUPPLEMENT
TO
OTHER
FUNDS.—Any
amounts payable to States under this section shall
be in addition to amounts payable to States under
paragraphs (1), (2), and (3) of section 474(a), and
shall supplement and not replace any other funds
which may be available for the same general pur-
poses in the localities involved.
‘‘(f) LIMITATION
ON USE
OF FUNDS.—Payments
made to a State under this section for any fiscal year—
‘‘(1) shall be used only for the specific purposes
described in this section;
‘‘(2) may not be used for the provision of room
or board;
‘‘(3) may be made on an estimated basis in ad-
vance of the determination of the exact amount, with
appropriate subsequent adjustments to take account
of any error in the estimates; and
‘‘(4) shall be expended by such State in such
fiscal year or in the succeeding fiscal year.
741
‘‘(g) REPORTING REQUIREMENTS.—Not later than
the first January 1 following the end of each fiscal year,
each State shall submit to the Secretary a report on the
programs carried out during such fiscal year with the
amounts received under this section. Such report shall be
in such form and contain such information as may be nec-
essary to provide an accurate description of such activities,
to provide a complete record of the purposes for which
the funds were spent, and to indicate the extent to which
the expenditure of such funds succeeded in accomplishing
the purpose described in subsection (a).
‘‘(h) ASSISTANCE NOT CONSIDERED INCOME OR RE-
SOURCES.—Notwithstanding any other provision of this
title, payments made and services provided to participants
in a program under this section, as a direct consequence
of their participation in such program, shall not be consid-
ered as income or resources for purposes of determining
eligibility (or the eligibility of any other persons) for as-
sistance under the State’s plan approved under this part
or part A, or for purposes of determining the level of such
assistance.’’.
(i) COLLECTION OF DATA RELATING TO ADOPTION
AND FOSTER CARE.—Part E of title IV of such Act (42
U.S.C. 670 et seq.) is amended—
742
(1) by redesignating section 479 as section 477;
and
(2) by amending section 477, as so redesig-
nated, to read as follows:
‘‘SEC. 477. COLLECTION OF DATA RELATING TO ADOPTION
AND FOSTER CARE.
‘‘For requirements with respect to the collection of
data relating to adoption and foster care, see section
424.’’.
Subchapter C—Miscellaneous
SEC. 4721. SECRETARIAL SUBMISSION OF LEGISLATIVE
PROPOSAL FOR TECHNICAL AND CONFORM-
ING AMENDMENTS.
Not later than 90 days after the date of the enact-
ment of this chapter, the Secretary of Health and Human
Services, in consultation, as appropriate, with the heads
of other Federal agencies, shall submit to the appropriate
committees of Congress a legislative proposal providing for
such technical and conforming amendments in the law as
are required by the provisions of this chapter.
SEC. 4722. SENSE OF THE CONGRESS REGARDING TIMELY
ADOPTION OF CHILDREN.
It is the sense of the Congress that—
743
(1) too many children who wish to be adopted
are spending inordinate amounts of time in foster
care;
(2) there is an urgent need for States to in-
crease the number of waiting children being adopted
in a timely and lawful manner;
(3) studies have shown that States spend an ex-
cess of $15,000 each year on each special needs
child in foster care, and would save significant
amounts of money if they offered incentives to fami-
lies to adopt special needs children;
(4) States should allocate sufficient funds under
this subtitle for adoption assistance and medical as-
sistance to encourage more families to adopt chil-
dren who otherwise would languish in the foster care
system for a period that many experts consider det-
rimental to their development;
(5) States should offer incentives for families
that adopt special needs children to make adoption
more affordable for middle-class families;
(6) when it is necessary for a State to remove
a child from the home of the child’s biological par-
ents, the State should strive—
744
(A) to provide the child with a single foster
care placement and a single coordinated case
team; and
(B) to conclude an adoption of the child,
when adoption is the goal of the child and the
State, within one year of the child’s placement
in foster care; and
(7) States should participate in local, regional,
or national programs to enable maximum visibility of
waiting children to potential parents. Such programs
should include a nationwide, interactive computer
network to disseminate information on children eligi-
ble for adoption to help match them with families
around the country.
SEC. 4723. REMOVAL OF BARRIERS TO INTERETHNIC ADOP-
TION.
(a) STATE PLAN REQUIREMENTS.—Section 422(a)
of the Social Security Act (42 U.S.C 622(a)), as added
by section 4701 of this Act, is amended by adding at the
end the following:
‘‘(15) CERTIFICATION REGARDING REMOVAL OF
BARRIERS TO INTERETHNIC ADOPTION.—A certifi-
cation that, not later than January 1, 1997, the
State has in effect such laws and procedures as may
be necessary to ensure that neither the State nor
745
any other entity in the State that receives funds
from the Federal Government and is involved in
adoption or foster care placements may—
‘‘(A) deny to any person the opportunity to
become an adoptive or a foster parent, on the
basis of the race, color, or national origin of the
person, or of the child, involved; or
‘‘(B) delay or deny the placement of a
child for adoption or into foster care, on the
basis of the race, color, or national origin of the
adoptive or foster parent, or the child, in-
volved.’’.
(b) ENFORCEMENT.—Section 423(e) of such Act (42
U.S.C. 623(e)), as added by section 4701 of this Act, is
amended by redesignating paragraphs (5), (6), and (7) as
paragraphs (6), (7), and (8), respectively, and by inserting
after paragraph (4) the following:
‘‘(5) PENALTY FOR FAILURE TO REMOVE BAR-
RIERS TO INTERETHNIC ADOPTION.—
‘‘(A) REDUCTION OF PAYMENTS TO THE
STATE.—If a State’s program operated under
this part is found, as a result of a review con-
ducted under section 1123, to have violated sec-
tion 422(a)(15) during a quarter with respect
to any person, then, notwithstanding any regu-
746
lations promulgated under section 1123(b)(3),
the Secretary shall reduce the amount otherwise
payable to the State under this part, for the
quarter and for each subsequent quarter before
the 1st quarter for which the State program is
found, as a result of such a review, not to have
violated section 422(a)(15) with respect to any
person, by—
‘‘(i) 2 percent of such otherwise pay-
able amount, in the case of the 1st such
finding with respect to the State;
‘‘(ii) 5 percent of such otherwise pay-
able amount, in the case of the 2nd such
finding with respect to the State; or
‘‘(iii) 10 percent of such otherwise
payable amount, in the case of the 3rd or
subsequent such finding with respect to the
State.
‘‘(B) RETURN OF FUNDS PAID TO OTHER
VIOLATORS.—Any other entity which is in a
State that receives funds under this part and
which violates section 422(a)(15) during a
quarter with respect to any person shall remit
to the Secretary all funds that were paid by the
747
State to the entity during the quarter from
such funds.
‘‘(C) PRIVATE CAUSE OF ACTION.—
‘‘(i) IN
GENERAL.—Any individual
who is aggrieved by a violation of section
422(a)(15) by a State or other entity may
bring an action seeking relief from the
State or other entity in any United States
district court.
‘‘(ii) LIMITATION.—An action under this
subparagraph may not be brought more than 2
years after the date the alleged violation oc-
curred.
‘‘(D) NO EFFECT ON THE INDIAN CHILD
WELFARE ACT OF 1978.—This paragraph shall
not be construed to affect the application of the
Indian Child Welfare Act of 1978.’’.
(c) CIVIL RIGHTS.—
(1) PROHIBITED CONDUCT.—A person or gov-
ernment that is involved in adoption or foster care
placements may not—
(A) deny to any individual the opportunity
to become an adoptive or a foster parent, on the
basis of the race, color, or national origin of the
individual, or of the child, involved; or
748
(B) delay or deny the placement of a child
for adoption or into foster care, on the basis of
the race, color, or national origin of the adop-
tive or foster parent, or the child, involved.
(2) ENFORCEMENT.—Noncompliance with para-
graph (1) is deemed a violation of title VI of the
Civil Rights Act of 1964.
(3) NO EFFECT ON THE INDIAN CHILD WEL-
FARE ACT OF 1978.—This subsection shall not be
construed to affect the application of the Indian
Child Welfare Act of 1978.
(d) CONFORMING REPEAL.—Section 553 of the How-
ard M. Metzenbaum Multiethnic Placement Act of 1994
(42 U.S.C. 5115a) is repealed.
SEC. 4724. EFFECTIVE DATE; TRANSITION RULES.
(a) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), this chapter and the amendments made
by this chapter shall be effective on and after Octo-
ber 1, 1996.
(2) EXCEPTION.—Section 425 of the Social Se-
curity Act, as added by section 4701 of this Act,
shall take effect on the date of the enactment of this
chapter.
749
(3) TEMPORARY REDESIGNATION OF SECTION
425.—During the period beginning on the date of the
enactment of this chapter and ending on October 1,
1996, section 425 of the Social Security Act, as
added by section 4701 of this Act, is redesignated
as section 425A.
(b) TRANSITION RULES.—
(1) CLAIMS, ACTIONS, AND
PROCEEDINGS.—
The amendments made by this chapter shall not
apply with respect to—
(A) powers, duties, functions, rights,
claims, penalties, or obligations applicable to
aid, assistance, or services provided before the
effective date of this chapter under the provi-
sions amended; and
(B) administrative actions and proceedings
commenced before such date, or authorized be-
fore such date to be commenced, under such
provisions.
(2) CLOSING OUT ACCOUNT FOR THOSE PRO-
GRAMS TERMINATED OR SUBSTANTIALLY MODIFIED
BY THIS CHAPTER.—In closing out accounts, Fed-
eral and State officials may use scientifically accept-
able statistical sampling techniques. Claims made
under programs which are repealed or substantially
750
amended in this chapter and which involve State ex-
penditures in cases where assistance or services were
provided during a prior fiscal year, shall be treated
as expenditures during fiscal year 1995 for purposes
of reimbursement even if payment was made by a
State on or after October 1, 1995. States shall com-
plete the filing of all claims no later than September
30, 1997. Federal department heads shall—
(A) use the single audit procedure to re-
view and resolve any claims in connection with
the closeout of programs; and
(B) reimburse States for any payments
made for assistance or services provided during
a prior fiscal year from funds for fiscal year
1995, rather than the funds authorized by this
chapter.
CHAPTER 2—CHILD AND FAMILY
SERVICES BLOCK GRANT
SEC. 4751. CHILD AND FAMILY SERVICES BLOCK GRANT.
The Child Abuse Prevention and Treatment Act (42
U.S.C. 5101 et seq.) is amended to read as follows:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Child and Family
Services Block Grant Act of 1996’.
751
‘‘SEC. 2. FINDINGS.
‘‘The Congress finds the following:
‘‘(1) Each year, close to 1,000,000 American
children are victims of abuse and neglect.
‘‘(2) Many of these children and their families
fail to receive adequate protection or treatment.
‘‘(3) The problem of child abuse and neglect re-
quires a comprehensive approach that—
‘‘(A) integrates the work of social service,
legal, health, mental health, education, and sub-
stance abuse agencies and organizations;
‘‘(B) strengthens coordination among all
levels of government, and with private agencies,
civic, religious, and professional organizations,
and individual volunteers;
‘‘(C) emphasizes the need for abuse and
neglect prevention, assessment, investigation,
and treatment at the neighborhood level;
‘‘(D) ensures properly trained and support
staff with specialized knowledge, to carry out
their child protection duties; and
‘‘(E) is sensitive to ethnic and cultural di-
versity.
‘‘(4) The child protection system should be
comprehensive, child-centered, family-focused, and
community-based, should incorporate all appropriate
752
measures to prevent the occurrence or recurrence of
child abuse and neglect, and should promote physical
and psychological recovery and social reintegration
in an environment that fosters the health, safety,
self-respect, and dignity of the child.
‘‘(5) The Federal Government should provide
leadership and assist communities in their child and
family protection efforts by—
‘‘(A) generating and sharing knowledge
relevant to child and family protection, includ-
ing the development of models for service deliv-
ery;
‘‘(B) strengthening the capacity of States
to assist communities;
‘‘(C) helping communities to carry out
their child and family protection plans by pro-
moting the competence of professional, para-
professional, and volunteer resources; and
‘‘(D) providing leadership to end the abuse
and neglect of the Nation’s children and youth.
‘‘SEC. 3. PURPOSES.
‘‘The purposes of this Act are the following:
‘‘(1) To assist each State in improving the child
protective service systems of such State by—
753
‘‘(A) improving risk and safety assessment
tools and protocols;
‘‘(B) developing, strengthening, and facili-
tating training opportunities for individuals who
are mandated to report child abuse or neglect
or otherwise overseeing, investigating, prosecut-
ing, or providing services to children and fami-
lies who are at risk of abusing or neglecting
their children; and
‘‘(C) developing, implementing, or operat-
ing information, education, training, or other
programs designed to assist and provide serv-
ices for families of disabled infants with life-
threatening conditions.
‘‘(2) To support State efforts to develop, oper-
ate, expand and enhance a network of community-
based, prevention-focused, family resource and sup-
port programs that are culturally competent and
that coordinate resources among existing education,
vocational rehabilitation, disability, respite, health,
mental health, job readiness, self-sufficiency, child
and family development, community action, Head
Start, child care, child abuse and neglect prevention,
juvenile justice, domestic violence prevention and
754
intervention, housing, and other human service orga-
nizations within the State.
‘‘(3) To facilitate the elimination of barriers to
adoption and to provide permanent and loving home
environments for children who would benefit from
adoption, particularly children with special needs, in-
cluding disabled infants with life-threatening condi-
tions, by—
‘‘(A) promoting model adoption legislation
and procedures in the States and territories of
the United States in order to eliminate jurisdic-
tional and legal obstacles to adoption;
‘‘(B) providing a mechanism for the De-
partment of Health and Human Services to—
‘‘(i) promote quality standards for
adoption 
services, 
preplacement, 
post-
placement, and post-legal adoption counsel-
ing, and standards to protect the rights of
children in need of adoption;
‘‘(ii) maintain a national adoption in-
formation exchange system to bring to-
gether children who would benefit from
adoption and qualified prospective adoptive
parents who are seeking such children, and
conduct national recruitment efforts in
755
order to reach prospective parents for chil-
dren awaiting adoption; and
‘‘(iii) demonstrate expeditious ways to
free children for adoption for whom it has
been determined that adoption is the ap-
propriate plan; and
‘‘(C) facilitating the identification and re-
cruitment of foster and adoptive families that
can meet children’s needs.
‘‘(4) To respond to the needs of children, in
particular those who are drug exposed or afflicted
with 
Acquired 
Immune 
Deficiency 
Syndrome
(AIDS), by supporting activities aimed at preventing
the abandonment of children, providing support to
children and their families, and facilitating the re-
cruitment and training of health and social service
personnel.
‘‘(5) To carry out any other activities as the
Secretary determines are consistent with this Act.
‘‘SEC. 4. DEFINITIONS.
‘‘As used in this Act:
‘‘(1) CHILD.—The term ‘child’ means a person
who has not attained the lesser of—
‘‘(A) the age of 18; or
756
‘‘(B) except in the case of sexual abuse,
the age specified by the child protection law of
the State in which the child resides.
‘‘(2) CHILD ABUSE AND NEGLECT.—The term
‘child abuse and neglect’ means, at a minimum, any
recent act or failure to act on the part of a parent
or caretaker, which results in death, serious physical
or emotional harm, sexual abuse or exploitation, or
an act or failure to act which presents an imminent
risk of serious harm.
‘‘(3) FAMILY
RESOURCE
AND
SUPPORT
PRO-
GRAMS.—The term ‘family resource and support
program’ means a community-based, prevention-fo-
cused entity that—
‘‘(A) provides, through direct service, the
core services required under this Act, includ-
ing—
‘‘(i) parent education, support and
leadership services, together with services
characterized by relationships between par-
ents and professionals that are based on
equality and respect, and designed to assist
parents in acquiring parenting skills, learn-
ing about child development, and respond-
757
ing appropriately to the behavior of their
children;
‘‘(ii) services to facilitate the ability of
parents to serve as resources to one an-
other (such as through mutual support and
parent self-help groups);
‘‘(iii) early developmental screening of
children to assess any needs of children,
and to identify types of support that may
be provided;
‘‘(iv) 
outreach 
services 
provided
through voluntary home visits and other
methods to assist parents in becoming
aware of and able to participate in family
resources and support program activities;
‘‘(v) community and social services to
assist families in obtaining community re-
sources; and
‘‘(vi) followup services;
‘‘(B) provides, or arranges for the provi-
sion of, other core services through contracts or
agreements with other local agencies; and
‘‘(C) provides access to optional services,
directly or by contract, purchase of service, or
interagency agreement, including—
758
‘‘(i) child care, early childhood devel-
opment and early intervention services;
‘‘(ii) self-sufficiency and life manage-
ment skills training;
‘‘(iii) education services, such as scho-
lastic tutoring, literacy training, and Gen-
eral Educational Degree services;
‘‘(iv) job readiness skills;
‘‘(v) child abuse and neglect preven-
tion activities;
‘‘(vi) services that families with chil-
dren with disabilities or special needs may
require;
‘‘(vii) community and social service re-
ferral;
‘‘(viii) peer counseling;
‘‘(ix) referral for substance abuse
counseling and treatment; and
‘‘(x) help line services.
‘‘(4) INDIAN
TRIBE
AND
TRIBAL
ORGANIZA-
TION.—The terms ‘Indian tribe’ and ‘tribal organi-
zation’ shall have the same meanings given such
terms in subsections (e) and (l), respectively, of sec-
tion 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b(e) and (l)).
759
‘‘(5) RESPITE
SERVICES.—The term ‘respite
services’ means short-term care services provided in
the temporary absence of the regular caregiver (par-
ent, other relative, foster parent, adoptive parent, or
guardian) to children who—
‘‘(A) are in danger of abuse or neglect;
‘‘(B) have experienced abuse or neglect; or
‘‘(C) have disabilities, chronic, or terminal
illnesses.
Such services shall be provided within or outside the
home of the child, be short-term care (ranging from
a few hours to a few weeks of time, per year), and
be intended to enable the family to stay together and
to keep the child living in the home and community
of the child.
‘‘(6) SECRETARY.—The term ‘Secretary’ means
the Secretary of Health and Human Services.
‘‘(7) SEXUAL ABUSE.—The term ‘sexual abuse’
includes—
‘‘(A) the employment, use, persuasion, in-
ducement, enticement, or coercion of any child
to engage in, or assist any other person to en-
gage in, any sexually explicit conduct or simula-
tion of such conduct for the purpose of produc-
ing a visual depiction of such conduct; or
760
‘‘(B) the rape, molestation, prostitution, or
other form of sexual exploitation of children, or
incest with children.
‘‘(8) STATE.—The term ‘State’ means each of
the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the Trust Territory
of the Pacific Islands.
‘‘(9) WITHHOLDING OF MEDICALLY INDICATED
TREATMENT.—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, hydra-
tion, 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 the term
does not include the failure to provide treatment
(other than appropriate nutrition, hydration, or
medication) to an infant when, in the treating physi-
cian’s or physicians’ reasonable medical judgment—
‘‘(A) the infant is chronically and irrevers-
ibly comatose;
761
‘‘(B) the provision of such treatment
would—
‘‘(i) merely prolong dying;
‘‘(ii) not be effective in ameliorating
or correcting all of the infant’s life-threat-
ening conditions; or
‘‘(iii) otherwise be futile in terms of
the survival of the infant; or
‘‘(C) the provision of such treatment would
be virtually futile in terms of the survival of the
infant and the treatment itself under such cir-
cumstances would be inhumane.
‘‘TITLE I—GENERAL BLOCK
GRANT
‘‘SEC. 101. CHILD AND FAMILY SERVICES BLOCK GRANTS.
‘‘(a) ELIGIBILITY.—The Secretary shall award
grants to eligible States that file a State plan that is ap-
proved under section 102 and that otherwise meet the eli-
gibility requirements for grants under this title.
‘‘(b) AMOUNT OF GRANT.—The amount of a grant
made to each State under subsection (a) for a fiscal year
shall be based on the population of children under the age
of 18 residing in each State that applies for a grant under
this section.
762
‘‘(c) USE
OF AMOUNTS.—Amounts received by a
State under a grant awarded under subsection (a) shall
be used to carry out the purposes described in section 3.
‘‘SEC. 102. ELIGIBLE STATES.
‘‘(a) IN GENERAL.—As used in this title, the term
‘eligible State’ means a State that has submitted to the
Secretary, not later than 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 follow-
ing:
‘‘(1) OUTLINE
OF
CHILD
PROTECTION
PRO-
GRAM.—A written document that outlines the activi-
ties the State intends to conduct to achieve the pur-
pose of this title, including the procedures 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 services for families and
children where the State makes a determination
that the child may safely remain with the fam-
ily;
763
‘‘(D) protecting children by removing them
from dangerous 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 relatives as the preferred placement
for children separated from their parents where
such relatives meet the relevant State child pro-
tection standards; and
‘‘(I) providing services to individuals, fami-
lies, or communities, either directly or through
referral, that are aimed at preventing the occur-
rence of child abuse and neglect.
‘‘(2) CERTIFICATION OF STATE LAW REQUIRING
THE REPORTING OF CHILD ABUSE AND NEGLECT.—
A certification that the State has in effect laws that
require public officials and other professionals to re-
port, in good faith, actual or suspected instances of
child abuse or neglect.
‘‘(3) CERTIFICATION
OF
PROCEDURES
FOR
SCREENING, SAFETY ASSESSMENT, AND PROMPT IN-
764
VESTIGATION.—A certification that the State has in
effect procedures for receiving and responding to re-
ports of child abuse or neglect, including the reports
described in paragraph (2), and for the immediate
screening, safety assessment, and prompt investiga-
tion of such reports.
‘‘(4) CERTIFICATION
OF
STATE
PROCEDURES
FOR REMOVAL AND PLACEMENT OF ABUSED OR NE-
GLECTED CHILDREN.—A certification that the State
has in effect procedures for the removal from fami-
lies 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 IMMU-
NITY FROM PROSECUTION.—A certification that the
State has in effect laws requiring immunity from
prosecution under State and local laws and regula-
tions for individuals making good faith reports of
suspected or known instances of child abuse or ne-
glect.
‘‘(6) CERTIFICATION OF PROVISIONS AND PRO-
CEDURES
RELATING
TO
APPEALS.—A certification
that not later than 2 years after the date of the en-
actment of this Act, the State shall have laws and
procedures in effect affording individuals an oppor-
765
tunity to appeal an official finding of abuse or ne-
glect.
‘‘(7) CERTIFICATION
OF
STATE
PROCEDURES
FOR DEVELOPING AND REVIEWING WRITTEN PLANS
FOR PERMANENT PLACEMENT OF REMOVED CHIL-
DREN.—A certification that the State has in effect
procedures for ensuring that a written plan is pre-
pared for children who have been removed from their
families. Such plan shall specify the goals for achiev-
ing a permanent placement for the child in a timely
fashion, for ensuring that the written plan is re-
viewed 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 pro-
cedures.
‘‘(8) CERTIFICATION OF STATE PROGRAM TO
PROVIDE INDEPENDENT LIVING SERVICES.—A cer-
tification that the State has in effect a program to
provide independent living services, for assistance in
making the transition to self-sufficient adulthood, to
individuals in the child protection program of the
State who are 16, but who are not 20 (or, at the op-
tion of the State, 22), years of age, and who do not
have a family to which to be returned.
766
‘‘(9) 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 re-
sponding to the reporting of medical neglect of
infants (including instances of withholding of
medically indicated treatment from disabled in-
fants with life-threatening conditions), proce-
dures or programs, 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 individ-
uals designated by and within appropriate
health-care facilities of cases of suspected
medical neglect (including instances of
withholding of medically indicated treat-
ment from disabled infants with life-threat-
ening conditions); and
‘‘(iii) authority, under State law, for
the State child protective service to pursue
any legal remedies, including the authority
767
to initiate legal proceedings in a court of
competent jurisdiction, as may be nec-
essary to prevent the withholding of medi-
cally indicated treatment from disabled in-
fants with life-threatening conditions.
‘‘(B) WITHHOLDING OF MEDICALLY INDI-
CATED TREATMENT.—As used in subparagraph
(A), the term ‘withholding of medically indi-
cated treatment’ means the failure to respond
to the infant’s life-threatening conditions by
providing treatment (including appropriate nu-
trition, hydration, and medication) which, in the
treating physician’s or physicians’ reasonable
medical judgment, will be most likely to be ef-
fective in ameliorating or correcting all such
conditions, except that such term does not in-
clude the failure to provide treatment (other
than appropriate nutrition, hydration, or medi-
cation) to an infant when, in the treating physi-
cian’s or physicians’ reasonable medical judg-
ment—
‘‘(i) the infant is chronically and irre-
versibly comatose;
‘‘(ii) the provision of such treatment
would—
768
‘‘(I) merely prolong dying;
‘‘(II) not be effective in amelio-
rating or correcting all of the infant’s
life-threatening conditions; or
‘‘(III) otherwise be futile in
terms of the survival 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 it-
self under such circumstances would be in-
humane.
‘‘(10) IDENTIFICATION OF CHILD PROTECTION
GOALS.—The quantitative goals of the State child
protection program.
‘‘(11) 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 neces-
sity for, the foster care placement;
769
‘‘(ii) whether the child could or should
be returned to the parents of the child or
should be freed for adoption or other per-
manent placement; and
‘‘(iii) the services necessary to facili-
tate the return of the child or the place-
ment 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, loca-
tion, 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 super-
vision of the State;
‘‘(iii) a service program designed to
help children—
‘‘(I) where appropriate, return to
families from which they have been
removed; or
770
‘‘(II) be placed for adoption, with
a legal guardian, or if adoption or
legal guardianship is determined not
to be appropriate for a child, in some
other planned, permanent living ar-
rangement; and
‘‘(iv) a preplacement preventive serv-
ices program designed to help children at
risk for foster care placement remain with
their families; and
‘‘(C)(i) has reviewed (or not later than Oc-
tober 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 Oc-
tober 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 place-
ment of such children.
‘‘(12) CERTIFICATION
OF
REASONABLE
EF-
FORTS BEFORE PLACEMENT OF CHILDREN IN FOS-
771
TER 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 determination
that the child may safely remain with the fam-
ily.
‘‘(13) CERTIFICATION
OF
CONFIDENTIALITY
AND
REQUIREMENTS
FOR
INFORMATION
DISCLO-
SURE.—
‘‘(A) IN
GENERAL.—A certification that
the State has in effect and operational—
‘‘(i) requirements ensuring that re-
ports and records made and maintained
pursuant to the purposes of this part shall
only be made available to—
‘‘(I) individuals who are the sub-
ject of the report;
772
‘‘(II) Federal, State, or local gov-
ernment entities, or any agent of such
entities, having a need for such infor-
mation in order to carry out their re-
sponsibilities 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 determina-
tion 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 fa-
tality.
773
‘‘(B) LIMITATION.—Disclosures made pur-
suant to clause (i) or (ii) shall not include the
identifying information concerning the individ-
ual initiating a report or complaint alleging sus-
pected 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 deter-
mine whether a plan submitted pursuant to subsection (a)
contains the material required by subsection (a), other
than the material described in paragraph (9) of such sub-
section. The Secretary may not require a State to include
in such a plan any material not described in subsection
(a).
‘‘SEC. 103. DATA COLLECTION AND REPORTING.
‘‘(a) NATIONAL CHILD ABUSE AND NEGLECT DATA
SYSTEM.—The Secretary shall establish a national data
collection and analysis program—
‘‘(1) which, to the extent practicable, coordi-
nates existing State child abuse and neglect reports
and which shall include—
774
‘‘(A) standardized data on substantiated,
as well as false, unfounded, or unsubstantiated
reports; and
‘‘(B) information on the number of deaths
due to child abuse and neglect; and
‘‘(2) which shall collect, compile, analyze, and
make available State child abuse and neglect report-
ing information which, to the extent practical, is uni-
versal and case-specific and integrated with other
case-based foster care and adoption data collected by
the Secretary.
‘‘(b) ADOPTION AND FOSTER CARE AND ANALYSIS
AND REPORTING SYSTEMS.—The Secretary shall imple-
ment a system for the collection of data relating to adop-
tion and foster care in the United States. Such data collec-
tion system shall—
‘‘(1) avoid unnecessary diversion of resources
from agencies responsible for adoption and foster
care;
‘‘(2) assure that any data that is collected is re-
liable and consistent over time and among jurisdic-
tions through the use of uniform definitions and
methodologies;
‘‘(3) provide comprehensive national informa-
tion with respect to—
775
‘‘(A) the demographic characteristics of
adoptive and foster children and their biological
and adoptive or foster parents;
‘‘(B) the status of the foster care popu-
lation (including the number of children in fos-
ter care, length of placement, type of place-
ment, availability for adoption, and goals for
ending or continuing foster care);
‘‘(C) the number and characteristics of—
‘‘(i) children placed in or removed
from foster care;
‘‘(ii) children adopted or with respect
to whom adoptions have been terminated;
and
‘‘(iii) children placed in foster care
outside the State which has placement and
care responsibility; and
‘‘(D) the extent and nature of assistance
provided by Federal, State, and local adoption
and foster care programs and the characteris-
tics of the children with respect to whom such
assistance is provided; and
‘‘(4) utilize appropriate requirements and incen-
tives to ensure that the system functions reliably
throughout the United States.
776
‘‘(c) ADDITIONAL
INFORMATION.—The Secretary
may require the provision of additional information under
the data collection system established under subsection (b)
if the addition of such information is agreed to by a major-
ity of the States.
‘‘(d) ANNUAL REPORT BY THE SECRETARY.—Within
6 months after the end of each fiscal year, the Secretary
shall prepare a report based on information provided by
the States for the fiscal year pursuant to this section, and
shall make the report and such information available to
the Congress and the public.
‘‘TITLE 
II—RESEARCH, 
DEM-
ONSTRATIONS, 
TRAINING,
AND TECHNICAL ASSISTANCE
‘‘SEC. 201. RESEARCH GRANTS.
‘‘(a) IN GENERAL.—The Secretary, in consultation
with appropriate Federal officials and recognized experts
in the field, shall award grants or contracts for the con-
duct of research in accordance with subsection (b).
‘‘(b) RESEARCH.—Research projects to be conducted
using amounts received under this section—
‘‘(1) shall be designed to provide information to
better protect children from abuse or neglect and to
improve the well-being of abused or neglected chil-
777
dren, with at least a portion of any such research
conducted under a project being field initiated;
‘‘(2) shall at a minimum, focus on—
‘‘(A) the nature and scope of child abuse
and neglect;
‘‘(B) the causes, prevention, assessment,
identification, treatment, cultural and socio-
economic distinctions, and the consequences of
child abuse and neglect;
‘‘(C) appropriate, effective and culturally
sensitive investigative, administrative, and judi-
cial procedures with respect to cases of child
abuse; and
‘‘(D) the national incidence of child abuse
and neglect, including—
‘‘(i) the extent to which incidents of
child abuse are increasing or decreasing in
number and severity;
‘‘(ii) the incidence of substantiated
and unsubstantiated reported child abuse
cases;
‘‘(iii) the number of substantiated
cases that result in a judicial finding of
child abuse or neglect or related criminal
court convictions;
778
‘‘(iv) the extent to which the number
of unsubstantiated, unfounded and false
reported cases of child abuse or neglect
have contributed to the inability of a State
to respond effectively to serious cases of
child abuse or neglect;
‘‘(v) the extent to which the lack of
adequate resources and the lack of ade-
quate training of reporters have contrib-
uted to the inability of a State to respond
effectively to serious cases of child abuse
and neglect;
‘‘(vi) the number of unsubstantiated,
false, or unfounded reports that have re-
sulted in a child being placed in substitute
care, and the duration of such placement;
‘‘(vii) the extent to which unsubstan-
tiated reports return as more serious cases
of child abuse or neglect;
‘‘(viii) the incidence and prevalence of
physical, sexual, and emotional abuse and
physical and emotional neglect in sub-
stitute care;
‘‘(ix) the incidence and outcomes of
abuse allegations reported within the con-
779
text of divorce, custody, or other family
court proceedings, and the interaction be-
tween this venue and the child protective
services system; and
‘‘(x) the cases of children reunited
with their families or receiving family pres-
ervation services that result in subsequent
substantiated reports of child abuse and
neglect, including the death of the child;
and
‘‘(3) may include the appointment of an advi-
sory board to—
‘‘(A) provide recommendations on coordi-
nating Federal, State, and local child abuse and
neglect activities at the State level with similar
activities at the State and local level pertaining
to family violence prevention;
‘‘(B) consider specific modifications needed
in State laws and programs to reduce the num-
ber of unfounded or unsubstantiated reports of
child abuse or neglect while enhancing the abil-
ity to identify and substantiate legitimate cases
of abuse or neglect which place a child in dan-
ger; and
780
‘‘(C) provide recommendations for modi-
fications needed to facilitate coordinated na-
tional and Statewide data collection with re-
spect to child protection and child welfare.
‘‘SEC. 202. NATIONAL CLEARINGHOUSE FOR INFORMATION
RELATING TO CHILD ABUSE.
‘‘(a) 
ESTABLISHMENT.—The 
Secretary 
shall,
through the Department of Health and Human Services,
or by one or more contracts of not less than 3 years dura-
tion provided through a competition, establish a national
clearinghouse for information relating to child abuse.
‘‘(b) FUNCTIONS.—The Secretary shall, through the
clearinghouse established by subsection (a)—
‘‘(1) maintain, coordinate, and disseminate in-
formation on all programs, including private pro-
grams, that show promise of success with respect to
the prevention, assessment, identification, and treat-
ment of child abuse and neglect;
‘‘(2) maintain and disseminate information re-
lating to—
‘‘(A) the incidence of cases of child abuse
and neglect in the United States;
‘‘(B) the incidence of such cases in popu-
lations determined by the Secretary under sec-
tion 105(a)(1) of the Child Abuse Prevention,
781
Adoption, and Family Services Act of 1988 (as
such section was in effect on the day before the
date of enactment of this Act); and
‘‘(C) the incidence of any such cases relat-
ed to alcohol or drug abuse;
‘‘(3) disseminate information related to data
collected and reported by States pursuant to section
103;
‘‘(4) compile, analyze, and publish a summary
of the research conducted under section 201; and
‘‘(5) solicit public comment on the components
of such clearinghouse.
‘‘SEC. 203. GRANTS FOR DEMONSTRATION PROJECTS.
‘‘(a) AWARDING OF GENERAL GRANTS.—The Sec-
retary may make grants to, and enter into contracts with,
public and nonprofit private agencies or organizations (or
combinations of such agencies or organizations) for the
purpose of developing, implementing, and operating time
limited, demonstration programs and projects for the fol-
lowing purposes:
‘‘(1) INNOVATIVE PROGRAMS AND PROJECTS.—
The Secretary may award grants to public agencies
that demonstrate innovation in responding to reports
of child abuse and neglect including programs of col-
laborative partnerships between the State child pro-
782
tective service agency, community social service
agencies and family support programs, schools,
churches and synagogues, and other community
agencies to allow for the establishment of a triage
system that—
‘‘(A) accepts, screens and assesses reports
received to determine which such reports re-
quire an intensive intervention and which re-
quire voluntary referral to another agency, pro-
gram or project;
‘‘(B) provides, either directly or through
referral, a variety of community-linked services
to assist families in preventing child abuse and
neglect; and
‘‘(C) provides further investigation and in-
tensive intervention where the child’s safety is
in jeopardy.
‘‘(2) 
KINSHIP
CARE
PROGRAMS
AND
PROJECTS.—The Secretary may award grants to
public entities to assist such entities in developing or
implementing procedures using adult relatives as the
preferred placement for children removed from their
home, where such relatives are determined to be ca-
pable of providing a safe nurturing environment for
the child and where, to the maximum extent prac-
783
ticable, such relatives comply with relevant State
child protection standards.
‘‘(3) ADOPTION
OPPORTUNITIES.—The Sec-
retary may award grants to public entities to assist
such entities in developing or implementing pro-
grams to expand opportunities for the adoption of
children with special needs.
‘‘(4) FAMILY RESOURCE CENTERS.—The Sec-
retary may award grants to public or nonprofit pri-
vate entities to provide for the establishment of fam-
ily resource programs and support services that—
‘‘(A) develop, expand, and enhance state-
wide networks of community-based, prevention-
focused centers, programs, or services that pro-
vide comprehensive support for families;
‘‘(B) promote the development of parental
competencies and capacities in order to increase
family stability;
‘‘(C) support the additional needs of fami-
lies with children with disabilities;
‘‘(D) foster the development of a contin-
uum of preventive services for children and
families through State and community-based
collaborations and partnerships (both public
and private); and
784
‘‘(E) maximize funding for the financing,
planning, community mobilization, collabora-
tion, assessment, information and referral,
startup, training and technical assistance, infor-
mation management, reporting, and evaluation
costs for establishing, operating, or expanding a
statewide network of community-based, preven-
tion-focused family resource and support serv-
ices.
‘‘(5) OTHER
INNOVATIVE
PROGRAMS.—The
Secretary may award grants to public or private
nonprofit organizations to assist such entities in de-
veloping or implementing innovative programs and
projects that show promise of preventing and treat-
ing cases of child abuse and neglect (such as Par-
ents Anonymous).
‘‘(b) GRANTS
FOR
ABANDONED
INFANT
PRO-
GRAMS.—The Secretary may award grants to public and
nonprofit private entities to assist such entities in develop-
ing or implementing procedures—
‘‘(1) to prevent the abandonment of infants and
young children, including the provision of services to
members of the natural family for any condition that
increases the probability of abandonment of an in-
fant or young child;
785
‘‘(2) to identify and address the needs of aban-
doned infants and young children;
‘‘(3) to assist abandoned infants and young
children to reside with their natural families or in
foster care, as appropriate;
‘‘(4) to recruit, train, and retain foster families
for abandoned infants and young children;
‘‘(5) to carry out residential care programs for
abandoned infants and young children who are un-
able to reside with their families or to be placed in
foster care;
‘‘(6) to carry out programs of respite care for
families and foster families of infants and young
children; and
‘‘(7) to recruit and train health and social serv-
ices personnel to work with families, foster care fam-
ilies, and residential care programs for abandoned
infants and young children.
‘‘(c) EVALUATION.—In making grants for demonstra-
tion projects under this section, the Secretary shall require
all such projects to be evaluated for their effectiveness.
Funding for such evaluations shall be provided either as
a stated percentage of a demonstration grant or as a sepa-
rate grant entered into by the Secretary for the purpose
786
of evaluating a particular demonstration project or group
of projects.
‘‘SEC. 204. TECHNICAL ASSISTANCE.
‘‘(a) CHILD ABUSE AND NEGLECT.—
‘‘(1) IN GENERAL.—The Secretary shall provide
technical assistance under this title to States to as-
sist such States in planning, improving, developing,
and carrying out programs and activities relating to
the prevention, assessment identification, and treat-
ment of child abuse and neglect.
‘‘(2) EVALUATION.—Technical assistance pro-
vided under paragraph (1) may include an evalua-
tion or identification of—
‘‘(A) various methods and procedures for
the investigation, assessment, and prosecution
of child physical and sexual abuse cases;
‘‘(B) ways to mitigate psychological trau-
ma to the child victim; and
‘‘(C) effective programs carried out by the
States under this Act.
‘‘(b) ADOPTION
OPPORTUNITIES.—The Secretary
shall provide, directly or by grant to or contract with pub-
lic or private nonprofit agencies or organizations—
‘‘(1) technical assistance and resource and re-
ferral information to assist State or local govern-
787
ments with termination of parental rights issues, in
recruiting and retaining adoptive families, in the
successful placement of children with special needs,
and in the provision of pre- and post-placement serv-
ices, including post-legal adoption services; and
‘‘(2) other assistance to help State and local
governments replicate successful adoption-related
projects from other areas in the United States.
‘‘SEC. 205. TRAINING RESOURCES.
‘‘(a) TRAINING
PROGRAMS.—The Secretary may
award grants to public or private nonprofit organiza-
tions—
‘‘(1) for the training of professional and para-
professional personnel in the fields of medicine, law,
education, law enforcement, social work, and other
relevant fields who are engaged in, or intend to work
in, the field of prevention, identification, and treat-
ment of child abuse and neglect, including the links
between domestic violence and child abuse;
‘‘(2) to provide culturally specific instruction in
methods of protecting children from child abuse and
neglect to children and to persons responsible for the
welfare of children, including parents of and persons
who work with children with disabilities; and
788
‘‘(3) to improve the recruitment, selection, and
training of volunteers serving in private and public
nonprofit children, youth and family service organi-
zations in order to prevent child abuse and neglect
through collaborative analysis of current recruit-
ment, selection, and training programs and develop-
ment of model programs for dissemination and rep-
lication nationally.
‘‘(b) DISSEMINATION OF INFORMATION.—The Sec-
retary may provide for and disseminate information relat-
ing to various training resources available at the State and
local level to—
‘‘(1) individuals who are engaged, or who intend
to engage, in the prevention, identification, assess-
ment, and treatment of child abuse and neglect; and
‘‘(2) appropriate State and local officials, in-
cluding prosecutors, to assist in training law en-
forcement, legal, judicial, medical, mental health,
education, and child welfare personnel in appropriate
methods of interacting during investigative, adminis-
trative, and judicial proceedings with children who
have been subjected to abuse.
789
‘‘SEC. 206. APPLICATIONS AND AMOUNTS OF GRANTS.
‘‘(a) REQUIREMENT
OF APPLICATION.—The Sec-
retary may not make a grant to a State or other entity
under this title unless—
‘‘(1) an application for the grant is submitted
to the Secretary;
‘‘(2) with respect to carrying out the purpose
for which the grant is to be made, the application
provides assurances of compliance satisfactory to the
Secretary; and
‘‘(3) the application otherwise is in such form,
is made in such manner, and contains such agree-
ments, assurances, and information as the Secretary
determines to be necessary to carry out this title.
‘‘(b) AMOUNT OF GRANT.—The Secretary shall de-
termine the amount of a grant to be awarded under this
title.
‘‘SEC. 207. PEER REVIEW FOR GRANTS.
‘‘(a) ESTABLISHMENT OF PEER REVIEW PROCESS.—
‘‘(1) IN GENERAL.—The Secretary shall, in con-
sultation with experts in the field and other Federal
agencies, establish a formal, rigorous, and meritori-
ous peer review process for purposes of evaluating
and reviewing applications for grants under this title
and determining the relative merits of the projects
for which such assistance is requested. The purpose
790
of this process is to enhance the quality and useful-
ness of research in the field of child abuse and ne-
glect.
‘‘(2) REQUIREMENTS FOR MEMBERS.—In estab-
lishing the process required by paragraph (1), the
Secretary shall appoint to the peer review panels
only members who are experts in the field of child
abuse and neglect or related disciplines, with appro-
priate expertise in the application to be reviewed,
and who are not individuals who are officers or em-
ployees of the Administration for Children and Fam-
ilies. The panels shall meet as often as is necessary
to facilitate the expeditious review of applications for
grants and contracts under this title, but may not
meet less than once a year. The Secretary shall en-
sure that the peer review panel utilizes scientifically
valid review criteria and scoring guidelines for re-
view committees.
‘‘(b) REVIEW OF APPLICATIONS FOR ASSISTANCE.—
Each peer review panel established under subsection
(a)(1) that reviews any application for a grant shall—
‘‘(1) determine and evaluate the merit of each
project described in such application;
‘‘(2) rank such application with respect to all
other applications it reviews in the same priority
791
area for the fiscal year involved, according to the rel-
ative merit of all of the projects that are described
in such application and for which financial assist-
ance is requested; and
‘‘(3) make recommendations to the Secretary
concerning whether the application for the project
shall be approved.
The Secretary shall award grants under this title on the
basis of competitive review.
‘‘(c) NOTICE OF APPROVAL.—
‘‘(1) IN GENERAL.—The Secretary shall provide
grants under this title from among the projects
which the peer review panels established under sub-
section (a)(1) have determined to have merit.
‘‘(2) REQUIREMENT OF EXPLANATION.—In the
instance in which the Secretary approves an applica-
tion for a program under this title without having
approved all applications ranked above such applica-
tion, the Secretary shall append to the approved ap-
plication a detailed explanation of the reasons relied
on for approving the application and for failing to
approve each pending application that is superior in
merit.
792
‘‘SEC. 208. NATIONAL RANDOM SAMPLE STUDY OF CHILD
WELFARE.
‘‘(a) IN GENERAL.—The Secretary shall conduct a
national study based on random samples of children who
are at risk of child abuse or neglect, or are determined
by States to have been abused or neglected, and such other
research as may be necessary.
‘‘(b) REQUIREMENTS.—The study required by sub-
section (a) shall—
‘‘(1) have a longitudinal component; and
‘‘(2) yield data reliable at the State level for as
many States as the Secretary determines is feasible.
‘‘(c) PREFERRED CONTENTS.—In conducting the
study required by subsection (a), the Secretary should—
‘‘(1) collect data on the child protection pro-
grams of different small States (or different groups
of such States) in different years to yield an occa-
sional picture of the child protection programs of
such States;
‘‘(2) carefully consider selecting the sample
from cases of confirmed abuse or neglect; and
‘‘(3) follow each case for several years while ob-
taining information on, among other things—
‘‘(A) the type of abuse or neglect involved;
‘‘(B) the frequency of contact with State
or local agencies;
793
‘‘(C) whether the child involved has been
separated from the family, and, if so, under
what circumstances;
‘‘(D) the number, type, and characteristics
of out-of-home placements of the child; and
‘‘(E) the average duration of each place-
ment.
‘‘(d) REPORTS.—
‘‘(1) IN
GENERAL.—From time to time, the
Secretary shall prepare reports summarizing the re-
sults of the study required by subsection (a).
‘‘(2) AVAILABILITY.—The Secretary shall make
available to the public any report prepared under
paragraph (1), in writing or in the form of an elec-
tronic data tape.
‘‘(3) AUTHORITY TO CHARGE FEE.—The Sec-
retary may charge and collect a fee for the furnish-
ing of reports under paragraph (2).
‘‘(4) FUNDING.—The Secretary shall carry out
this section using amounts made available under sec-
tion 425 of the Social Security Act.
794
‘‘TITLE III—GENERAL
PROVISIONS
‘‘SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) TITLE I.—There are authorized to be appro-
priated to carry out title I, $230,000,000 for fiscal year
1996, and such sums as may be necessary for each of the
fiscal years 1997 through 2002.
‘‘(b) TITLE II.—
‘‘(1) IN
GENERAL.—Of the amount appro-
priated under subsection (a) for a fiscal year, the
Secretary shall make available 12 percent of such
amount to carry out title II (except for sections 203
and 208).
‘‘(2) 
GRANTS
FOR
DEMONSTRATION
PROJECTS.—Of the amount made available under
paragraph (1) for a fiscal year, the Secretary shall
make available not less than 40 percent of such
amount to carry out section 203.
‘‘(c) INDIAN TRIBES.—Of the amount appropriated
under subsection (a) for a fiscal year, the Secretary shall
make available 1 percent of such amount to provide grants
and contracts to Indian tribes and Tribal Organizations.
‘‘(d) AVAILABILITY OF APPROPRIATIONS.—Amounts
appropriated under subsection (a) shall remain available
until expended.
795
‘‘SEC. 302. GRANTS TO STATES FOR PROGRAMS RELATING
TO THE INVESTIGATION AND PROSECUTION
OF CHILD ABUSE AND NEGLECT CASES.
‘‘(a) GRANTS TO STATES.—The Secretary, in con-
sultation with the Attorney General, is authorized to make
grants to the States for the purpose of assisting States
in developing, establishing, and operating programs de-
signed to improve—
‘‘(1) the handling of child abuse and neglect
cases, particularly cases of child sexual abuse and
exploitation, in a manner which limits additional
trauma to the child victim;
‘‘(2) the handling of cases of suspected child
abuse or neglect related fatalities; and
‘‘(3) the investigation and prosecution of cases
of child abuse and neglect, particularly child sexual
abuse and exploitation.
‘‘(b) ELIGIBILITY REQUIREMENTS.—In order for a
State to qualify for assistance under this section, such
State shall—
‘‘(1) be an eligible State under section 102;
‘‘(2) establish a task force as provided in sub-
section (c);
‘‘(3) fulfill the requirements of subsection (d);
‘‘(4) submit annually an application to the Sec-
retary at such time and containing such information
796
and assurances as the Secretary considers necessary,
including an assurance that the State will—
‘‘(A) make such reports to the Secretary as
may reasonably be required; and
‘‘(B) maintain and provide access to
records relating to activities under subsection
(a); and
‘‘(5) submit annually to the Secretary a report
on the manner in which assistance received under
this program was expended throughout the State,
with particular attention focused on the areas de-
scribed in paragraphs (1) through (3) of subsection
(a).
‘‘(c) STATE TASK FORCES.—
‘‘(1) GENERAL RULE.—Except as provided in
paragraph (2), a State requesting assistance under
this section shall establish or designate, and main-
tain, a State multidisciplinary task force on chil-
dren’s justice (hereafter in this section referred to as
‘State task force’) composed of professionals with
knowledge and experience relating to the criminal
justice system and issues of child physical abuse,
child neglect, child sexual abuse and exploitation,
and child maltreatment related fatalities. The State
task force shall include—
797
‘‘(A) individuals representing the law en-
forcement community;
‘‘(B) judges and attorneys involved in both
civil and criminal court proceedings related to
child abuse and neglect (including individuals
involved with the defense as well as the prosecu-
tion of such cases);
‘‘(C) child advocates, including both attor-
neys for children and, where such programs are
in operation, court appointed special advocates;
‘‘(D) health and mental health profes-
sionals;
‘‘(E) individuals representing child protec-
tive service agencies;
‘‘(F) individuals experienced in working
with children with disabilities;
‘‘(G) parents; and
‘‘(H) representatives of parents’ groups.
‘‘(2) EXISTING
TASK
FORCE.—As determined
by the Secretary, a State commission or task force
established after January 1, 1983, with substantially
comparable membership and functions, may be con-
sidered the State task force for purposes of this sub-
section.
798
‘‘(d) STATE TASK FORCE STUDY.—Before a State
receives assistance under this section, and at 3–year inter-
vals thereafter, the State task force shall comprehen-
sively—
‘‘(1) review and evaluate State investigative, ad-
ministrative and both civil and criminal judicial han-
dling of cases of child abuse and neglect, particularly
child sexual abuse and exploitation, as well as cases
involving suspected child maltreatment related fatali-
ties and cases involving a potential combination of
jurisdictions, such as interstate, Federal-State, and
State-Tribal; and
‘‘(2) make policy and training recommendations
in each of the categories described in subsection (e).
The task force may make such other comments and rec-
ommendations as are considered relevant and useful.
‘‘(e) ADOPTION
OF
STATE
TASK
FORCE
REC-
OMMENDATIONS.—
‘‘(1) GENERAL
RULE.—Subject to the provi-
sions of paragraph (2), before a State receives as-
sistance under this section, a State shall adopt rec-
ommendations of the State task force in each of the
following categories—
‘‘(A) investigative, administrative, and ju-
dicial handling of cases of child abuse and ne-
799
glect, particularly child sexual abuse and exploi-
tation, as well as cases involving suspected child
maltreatment related fatalities and cases involv-
ing a potential combination of jurisdictions,
such as interstate, Federal-State, and State-
Tribal, in a manner which reduces the addi-
tional trauma to the child victim and the vic-
tim’s family and which also ensures procedural
fairness to the accused;
‘‘(B) experimental, model and demonstra-
tion programs for testing innovative approaches
and techniques which may improve the prompt
and successful resolution of civil and criminal
court proceedings or enhance the effectiveness
of judicial and administrative action in child
abuse and neglect cases, particularly child sex-
ual abuse and exploitation cases, including the
enhancement of performance of court-appointed
attorneys and guardians ad litem for children;
and
‘‘(C) reform of State laws, ordinances, reg-
ulations, protocols and procedures to provide
comprehensive protection for children from
abuse, particularly child sexual abuse and ex-
800
ploitation, while ensuring fairness to all affected
persons.
‘‘(2) EXEMPTION.—As determined by the Sec-
retary, a State shall be considered to be in fulfill-
ment of the requirements of this subsection if—
‘‘(A) the State adopts an alternative to the
recommendations of the State task force, which
carries out the purpose of this section, in each
of the categories under paragraph (1) for which
the State task force’s recommendations are not
adopted; or
‘‘(B) the State is making substantial
progress toward adopting recommendations of
the State task force or a comparable alternative
to such recommendations.
‘‘(f) FUNDS AVAILABLE.—For grants under this sec-
tion, the Secretary shall use the amount authorized by sec-
tion 1404A of the Victims of Crime Act of 1984.
‘‘SEC. 303. TRANSITIONAL PROVISION.
‘‘A State or other entity that has a grant, contract,
or cooperative agreement in effect, on the date of enact-
ment of this Act, under the Family Resource and Support
Program, the Community-Based Family Resource Pro-
gram, the Family Support Center Program, the Emer-
gency Child Abuse Prevention Grant Program, the Aban-
801
doned Infants Assistance Act of 1988, or the Temporary
Child Care for Children with Disabilities and Crisis Nurs-
eries Programs shall continue to receive funds under such
grant, contract, or cooperative agreement, subject to the
original terms under which such funds were provided,
through the end of the applicable grant, contract, or
agreement cycle.
‘‘SEC. 304. RULE OF CONSTRUCTION.
‘‘(a) IN GENERAL.—Nothing in this Act, or in part
B or E of title IV of the Social Security Act, shall be con-
strued—
‘‘(1) as establishing a Federal requirement that
a parent or legal guardian provide a child any medi-
cal service or treatment against the religious beliefs
of the parent or legal guardian; and
‘‘(2) to require that a State find, or to prohibit
a State from finding, abuse or neglect in cases in
which a parent or legal guardian relies solely or par-
tially upon spiritual means rather than medical
treatment, in accordance with the religious beliefs of
the parent or legal guardian.
‘‘(b) STATE REQUIREMENT.—Notwithstanding sub-
section (a), a State shall have in place authority under
State law to permit the child protective service system of
the State to pursue any legal remedies, including the au-
802
thority to initiate legal proceedings in a court of competent
jurisdiction, to provide medical care or treatment for a
child when such care or treatment is necessary to prevent
or remedy serious harm to the child, or to prevent the
withholding of medically indicated treatment from children
with life threatening conditions. Except with respect to the
withholding of medically indicated treatments from dis-
abled infants with life threatening conditions, case by case
determinations concerning the exercise of the authority of
this subsection shall be within the sole discretion of the
State.’’.
SEC. 4752. REAUTHORIZATIONS.
(a) MISSING CHILDREN’S ASSISTANCE ACT.—Section
408 of the Missing Children’s Assistance Act (42 U.S.C.
5777) is amended—
(1) by striking ‘‘To’’ and inserting ‘‘(a) IN
GENERAL.—To’’
(2) by striking ‘‘and 1996’’ and inserting
‘‘1996, and 1997’’; and
(3) by adding at the end thereof the following
new subsection:
‘‘(b) EVALUATION.—The Administrator shall use not
more than 5 percent of the amount appropriated for a fis-
cal year under subsection (a) to conduct an evaluation of
803
the effectiveness of the programs and activities established
and operated under this title.’’.
(b) VICTIMS OF CHILD ABUSE ACT OF 1990.—Sec-
tion 214B of the Victims of Child Abuse Act of 1990 (42
U.S.C. 13004) is amended—
(1) in subsection (a)(2), by striking ‘‘and 1996’’
and inserting ‘‘1996, and 1997’’; and
(2) in subsection (b)(2), by striking ‘‘and
1996’’ and inserting ‘‘1996, and 1997’’.
SEC. 4753. REPEALS.
(a) IN GENERAL.—The following provisions of law
are repealed:
(1) Title II of the Child Abuse Prevention and
Treatment and Adoption Reform Act of 1978 (42
U.S.C. 5111 et seq.).
(2) The Abandoned Infants Assistance Act of
1988 (42 U.S.C. 670 note).
(3) The Temporary Child Care for Children
with Disabilities and Crisis Nurseries Act of 1986
(42 U.S.C. 5117 et seq.).
(4) Subtitle F of title VII of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C.
11481 et seq.).
(b) CONFORMING AMENDMENTS.—
804
(1) RECOMMENDED LEGISLATION.—After con-
sultation with the appropriate committees of the
Congress and the Director of the Office of Manage-
ment and Budget, the Secretary of Health and
Human Services shall prepare and submit to the
Congress a legislative proposal in the form of an im-
plementing bill containing technical and conforming
amendments to reflect the repeals made by this sec-
tion.
(2) SUBMISSION TO CONGRESS.—Not later than
6 months after the date of enactment of this sub-
chapter, the Secretary of Health and Human Serv-
ices shall submit the implementing bill referred to
under paragraph (1).
Subtitle G—Reductions in Federal
Government Positions
SEC. 4801. 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
subtitle B of this title) that the Department is re-
quired to carry out, and amendments and repeals
made by this Act to provisions of Federal law that
805
the Department is required to carry out, are effec-
tive.
(2) COVERED
ACTIVITY.—The term ‘‘covered
activity’’, used with respect to a Department re-
ferred to in this section, means an activity that the
Department is required to carry out under—
(A) a provision of this Act (other than sub-
title B of this title); or
(B) a provision of Federal law that is
amended or repealed by this Act (other than
subtitle B of this title).
(b) REPORTS.—
(1) CONTENTS.—Not later than January 1,
1997, 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 sub-
section (c);
(B) appropriate documentation in support
of such determinations; and
(C) a description of the methodology used
in making such determinations.
(2) SECRETARY.—The Secretaries referred to in
this paragraph are—
(A) the Secretary of Agriculture;
806
(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 fol-
lowing:
(A) With respect to each Secretary de-
scribed in paragraph (2), the Committee on
Government Reform and Oversight of the
House of Representatives and the Committee
on Governmental Affairs of the Senate.
(B) With respect to the Secretary of Agri-
culture, the Committee on Agriculture and the
Committee on Economic and Educational Op-
portunities of the House of Representatives and
the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
(C) With respect to the Secretary of Edu-
cation, the Committee on Economic and Edu-
cational Opportunities of the House of Rep-
resentatives and the Committee on Labor and
Human Resources of the Senate.
807
(D) With respect to the Secretary of
Labor, the Committee on Economic and Edu-
cational Opportunities of the House of Rep-
resentatives and the Committee on Labor and
Human Resources of the Senate.
(E) With respect to the Secretary of Hous-
ing and Urban Development, the Committee on
Banking and Financial Services of the House of
Representatives and the Committee on Bank-
ing, 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 Committee on
Labor and Human Resources of the Senate, the
Committee on Ways and Means of the House of
Representatives, and the Committee on Finance
of the Senate.
(4) REPORT ON CHANGES.—Not later than De-
cember 31, 1996, and each December 31 thereafter,
each Secretary referred to in paragraph (2) shall
prepare and submit to the relevant Committees de-
scribed in paragraph (3), a report concerning any
changes with respect to the determinations made
808
under subsection (c) for the year in which the report
is being submitted.
(c) DETERMINATIONS.—Not later than December 31,
1996, 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 Sec-
retary to carry out the covered activities of the De-
partment, as of the day before the date of enactment
of this Act;
(2) the number of such positions required by
the Department 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 num-
ber referred to in paragraph (1).
(d) ACTIONS.—Each Secretary referred to in sub-
section (b)(2) shall take such actions as may be necessary,
including reduction in force actions, consistent with sec-
tions 3502 and 3595 of title 5, United States Code, to
reduce the number of positions of personnel of the Depart-
ment—
(1) not later than 30 days after the appropriate
effective date for the Department involved, by at
809
least 50 percent of the difference referred to in sub-
section (c)(3); and
(2) not later than 13 months after such appro-
priate 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 sec-
tion.
(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 Sec-
retary 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
4802 and 4803.
(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 Sec-
retary referred to in subsection (b)(2) shall include the
number of such positions occupied by personnel carrying
out program functions or other functions (including budg-
810
etary, legislative, administrative, planning, evaluation, and
legal functions) related to the activity.
(g) GENERAL ACCOUNTING OFFICE REPORT.—Not
later than July 1, 1997, the Comptroller General of the
United States shall prepare and submit to the committees
described in subsection (b)(3), a report concerning the de-
terminations made by each Secretary under subsection (c).
Such report shall contain an analysis of the determina-
tions made by each Secretary under subsection (c) and
a determination as to whether further reductions in full-
time equivalent positions are appropriate.
SEC. 4802. 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 posi-
tions 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 por-
tion of the total full-time equivalent departmental
management positions at such Department that
811
bears the same relationship to the amount appro-
priated for the programs referred to in paragraph
(1) as such amount relates to the total amount ap-
propriated for use by such Department.
(b) REDUCTIONS IN THE DEPARTMENT OF HEALTH
AND HUMAN SERVICES.—Notwithstanding any other pro-
vision of this Act, the Secretary of Health and Human
Services shall take such actions as may be necessary, in-
cluding reductions in force actions, consistent with sec-
tions 3502 and 3595 of title 5, United States Code, to
reduce the full-time equivalent positions within the De-
partment 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 posi-
tions in the Department.
SEC. 4803. REDUCING PERSONNEL IN WASHINGTON, D.C.
AREA.
In making reductions in full-time equivalent posi-
tions, the Secretary of Health and Human Services is en-
couraged to reduce personnel in the Washington, D.C.,
area office (agency headquarters) before reducing field
personnel.
812
Subtitle H—Miscellaneous
SEC. 4901. APPROPRIATION BY STATE LEGISLATURES.
(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, con-
sistent 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) Section 25 of the Food Stamp Act of 1977
(relating to the optional State food assistance block
grant).
(3) The Child Care and Development Block
Grant Act of 1990 (relating to block grants for child
care).
SEC. 4902. SANCTIONING FOR TESTING POSITIVE FOR CON-
TROLLED 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.