759
the goals intended to be accomplished under the
plan by the end of each 5th fiscal year thereafter;
‘‘(B) describes the methods to be used in meas-
uring progress toward accomplishment of the goals;
‘‘(C) contains a commitment that the State—
‘‘(i) after the end of each of the 1st 4 fis-
cal years covered by a set of goals, will perform
an interim review of progress toward accom-
plishment of the goals, and on the basis of the
interim review will revise the statement of goals
in the plan, if necessary, to reflect changed cir-
cumstances; and
‘‘(ii) after the end of the last fiscal year
covered by a set of goals, will perform a final
review of progress toward accomplishment of
the goals, and on the basis of the final review
(I) will prepare, transmit to the Secretary, and
make available to the public a final report on
progress toward accomplishment of the goals,
and (II) will develop (in consultation with the
entities required to be consulted pursuant to
subsection (b)) and add to the plan a statement
of the goals intended to be accomplished by the
end of the 5th succeeding fiscal year;
760
‘‘(3) provides for coordination, to the extent
feasible and appropriate, of the provision of services
under the plan and the provision of services or bene-
fits under other Federal or federally assisted pro-
grams serving the same populations;
‘‘(4) contains assurances that not less than 90
percent of expenditures under the plan for any fiscal
year with respect to which the State is eligible for
payment under section 433 for the fiscal year shall
be for services for children and families, and that
significant portions of such 90 percent shall be ex-
pended—
‘‘(A) for family preservation services; and
‘‘(B) for community-based family support
services;
‘‘(5) provides that, by the beginning of the 6th
fiscal year during which the plan is in effect, pro-
grams under the plan shall be available on a state-
wide basis, to the extent feasible and appropriate;
‘‘(6) contains assurances that the State will—
‘‘(A) annually prepare, furnish to the Sec-
retary, and make available to the public a de-
scription (including separate descriptions with
respect to family preservation services and com-
munity-based family support services) of—
761
‘‘(i) the service programs to be made
available under the plan in the immediately
succeeding fiscal year;
‘‘(ii) the populations which the pro-
grams will serve; and
‘‘(iii) the geographic areas in the
State in which the services will be avail-
able; and
‘‘(B) perform the activities described in
subparagraph (A)—
‘‘(i) in the case of the 1st fiscal year
under the plan, at the time the State sub-
mits its initial plan; and
‘‘(ii) in the case of each succeeding
fiscal year, by the end of the 3rd quarter
of the immediately preceding fiscal year;
‘‘(7) provides for such methods of administra-
tion as the Secretary finds to be necessary for the
proper and efficient operation of the plan;
‘‘(8)(A) contains assurances that Federal funds
provided to the State under this subpart will not be
used to supplant Federal or non-Federal funds for
existing services and activities which promote the
purposes of this subpart; and
762
‘‘(B) provides that the State will furnish re-
ports to the Secretary, at such times, in such for-
mat, and containing such information as the Sec-
retary may require, that demonstrate the State’s
compliance with the prohibition contained in sub-
paragraph (A); and
‘‘(9) provides that the State agency will furnish
such reports, containing such information, and par-
ticipate in such evaluations, as the Secretary may
require.
‘‘(b) APPROVAL OF PLANS.—
‘‘(1) IN
GENERAL.—The Secretary shall ap-
prove a plan that meets the requirements of sub-
section (a) only if the plan was developed jointly by
the Secretary and the State, after consultation by
the State agency with appropriate public and non-
profit private agencies and community-based organi-
zations with experience in administering programs of
services for children and families (including family
preservation and family support services).
‘‘(2) PLANS
OF
INDIAN
TRIBES
EXEMPTED
FROM
INAPPROPRIATE
REQUIREMENTS.—The Sec-
retary may exempt a plan submitted by an Indian
tribe from any requirement of this section that the
Secretary determines would be inappropriate to
763
apply to the Indian tribe, taking into account the re-
sources, needs, and other circumstances of the
Indian tribe.
‘‘SEC. 433. ALLOTMENTS TO STATES.
‘‘(a) INDIAN TRIBES.—
‘‘(1) IN GENERAL.—From the amount reserved
pursuant to section 430(b)(3), the Secretary shall
allot to each Indian tribe with a plan approved
under this subpart (except as provided in paragraph
(2) of this subsection) an amount that bears the
same ratio to such reserved amount as the number
of children in the Indian tribe bears to the total
number of children in all Indian tribes with State
plans so approved, as determined by the Secretary
on the basis of the most current and reliable infor-
mation available to the Secretary.
‘‘(2) SPECIAL RULE.—The Secretary may not
allot funds to an Indian tribe with a plan approved
under this subpart whose allotment (but for this
paragraph) would be less than $10,000 if allotments
were made under paragraph (1) to all Indian tribes
with plans approved under this subpart with the
same or larger numbers of children.
‘‘(b) TERRITORIES.—From the amount appropriated
pursuant to section 430 that remains after applying sec-
764
tion 430(b) for each fiscal year, the Secretary shall allot
to each of the jurisdictions of Puerto Rico, Guam, the Vir-
gin Islands, the Northern Mariana Islands, and American
Samoa an amount determined in the same manner as the
allotment to each of such jurisdictions is determined under
section 421.
‘‘(c) OTHER STATES.—
‘‘(1) IN GENERAL.—From the amount appro-
priated pursuant to section 430 that remains after
applying section 430(b) and subsection (b) of this
section for each fiscal year, the Secretary shall allot
to each State (other than an Indian tribe) which is
not specified in subsection (b) of this section an
amount equal to such remaining amount multiplied
by the food stamp percentage of the State for the
fiscal year.
‘‘(2) FOOD STAMP PERCENTAGE DEFINED.—
‘‘(A) IN GENERAL.—As used in paragraph
(1) of this subsection, the term ‘food stamp
percentage’ means, with respect to a State and
a fiscal year, the average monthly number of
children receiving food stamp benefits in the
State for months in the 3 fiscal years referred
to in subparagraph (B) of this paragraph, as
determined from sample surveys made under
767
may not expend any Federal funds to meet the costs
of services described in this subpart not covered by
the amount so paid.
‘‘(2) AVAILABILITY OF FUNDS.—
‘‘(A) IN GENERAL.—A State may not ex-
pend any amount paid under subsection (a)(1)
for any fiscal year after the end of the imme-
diately succeeding fiscal year.
‘‘(B) PLAN DEVELOPMENT.—A State may
not expend any amount paid under subsection
(a)(2) after the end of fiscal year 1994.
‘‘(c) DIRECT PAYMENTS TO TRIBAL ORGANIZATIONS
OF INDIAN TRIBES.—The Secretary shall pay any amount
to which an Indian tribe is entitled under this section di-
rectly to the tribal organization of the Indian tribe.
‘‘SEC. 435. EVALUATIONS; REPORT.
‘‘(a) EVALUATIONS.—
‘‘(1) IN GENERAL.—The Secretary shall evalu-
ate the effectiveness of the programs carried out
pursuant to this subpart in accomplishing the pur-
poses of this subpart, in accordance with criteria es-
tablished in accordance with paragraph (2).
‘‘(2) CRITERIA TO BE USED.—In developing the
criteria to be used in evaluations under paragraph
768
(1), the Secretary shall consult with appropriate par-
ties, such as—
‘‘(A) State agencies administering pro-
grams under this part and part E;
‘‘(B) persons administering child and fam-
ily services programs (including family preser-
vation and family support programs) for pri-
vate, nonprofit organizations with an interest in
child welfare; and
‘‘(C) other persons with recognized exper-
tise in the evaluation of child and family serv-
ices programs (including family preservation
and family support programs) or other related
programs.
‘‘(b) REPORT TO THE CONGRESS.—Not later than
December 31, 1997, the Secretary shall submit to the
Congress a report containing findings with respect to the
evaluations required by subsection (a).
‘‘(c) COORDINATION
OF EVALUATIONS.—The Sec-
retary shall develop procedures to coordinate evaluations
under this section, to the extent feasible, with evaluations
by the States of the effectiveness of programs under this
subpart.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 422 (42 U.S.C. 622) is amended—
769
(A) in subsection (a), by striking ‘‘this
part’’ and inserting ‘‘this subpart’’;
(B) in subsection (b), by striking ‘‘this
part’’ each place such term appears and insert-
ing ‘‘this subpart’’; and
(C) in subsection (b)(2), by inserting
‘‘under the State plan approved under subpart
2 of this part,’’ after ‘‘part A of this title,’’.
(2) Section 423(a) (42 U.S.C. 623(a)) is
amended by striking ‘‘this part’’ and inserting ‘‘this
subpart’’.
(3) Section 428(a) (42 U.S.C. 628(a)) is
amended by striking ‘‘this part’’ each place such
term appears and inserting ‘‘this subpart’’.
(4) Section 471(a)(2) (42 U.S.C. 671(a)(2)) is
amended by inserting ‘‘subpart 1 of’’ before ‘‘part
B’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall be effective with respect to calendar
quarters beginning on or after October 1, 1993.
SEC. 13212. GRANTS FOR STATE COURTS TO ASSESS AND
IMPROVE HANDLING OF PROCEEDINGS RE-
LATING TO FOSTER CARE AND ADOPTION.
(a) IN GENERAL.—The Secretary shall make grants,
in accordance with this section, to the highest State courts
770
in States participating in the program under part E of
title IV of the Social Security Act, for the purpose of ena-
bling such courts—
(1) to conduct assessments, in accordance with
subsection (b), of the role, responsibilities, and effec-
tiveness of State courts in carrying out State laws
requiring proceedings (conducted by or under the su-
pervision of the courts)—
(A) to determine the advisability or appro-
priateness of foster care placement;
(B) to determine whether to terminate pa-
rental rights; and
(C) to legally recognize the adoption of a
child; and
(2) to implement changes deemed necessary as
a result of the assessments.
(b) ASSESSMENTS.—Each assessment conducted with
funds provided under this section shall—
(1) identify the requirements imposed on State
courts with respect to proceedings described in sub-
section (a), addressing separately—
(A) rules, standards, and criteria imposed
pursuant to State laws (including laws imple-
menting parts B and E of title IV of the Social
Security Act, laws relating to child abuse and
771
neglect, or any other laws on related matters)
to be applied in determinations with respect to
placement of a child, or with respect to related
matters concerning the parent-child relationship
and the welfare of the child, including deter-
minations—
(i) whether to remove a child from or
return a child to the home of the child;
(ii) whether to place a child in foster
care or to continue a foster care place-
ment;
(iii) whether to terminate parental
rights;
(iv) whether to place a child for adop-
tion or in another permanent arrangement;
and
(v) whether to set aside or to finalize
an adoption; and
(B) rules and procedures, established by or
under State law or adopted by the State court
system on its own initiative, with respect to the
conduct of such proceedings, that address mat-
ters such as—
(i) whether a proceeding should be ju-
dicial or administrative;
772
(ii) timetables for such proceedings,
and determinations of the priority of such
proceedings relative to other matters under
the jurisdiction of the State courts;
(iii) procedural safeguards of the
rights of parents (including foster and
adoptive parents), guardians, and children,
such as provisions for legal representation
and for guardians ad litem; and
(iv) rules for conduct of the proceed-
ing with respect to matters such as admis-
sible evidence, opportunity to present wit-
nesses, and time limits on the presentation
of evidence and the making of arguments;
(2) evaluate the performance of the State
courts in implementing the requirements identified
under paragraph (1), by assessing—
(A) the extent to which particular practices
or procedures have been successful in facilitat-
ing compliance with such requirements;
(B) the frequency of failures to comply
with any such requirements, and patterns with
respect to the circumstances of and factors con-
tributing to the failures; and
773
(C) the extent to which caseload size and
resource limitations contribute to the failures
identified pursuant to subparagraph (B);
(3) determine the extent to which the rules and
practices identified under paragraph (1) or (2) are
in accord with recommended standards of national
organizations concerned with permanent placement
for foster children;
(4) determine, from the standpoint of the State
courts, the extent to which particular requirements
under paragraph (1)—
(A) are facilitating or impeding achieve-
ment of the purposes of such parts B and E,
including the goal of appropriate permanent
placement for each child; and
(B) are imposing significant administrative
burdens on the State court system; and
(5) make specific recommendations for improve-
ment, based on the conclusions reached as a result
of activities described in paragraphs (1) through (4),
including recommendations for—
(A) changes in Federal or State laws, reg-
ulations, or policies;
(B) changes in procedures and practices of
the State courts and of the State agencies ad-
774
ministering foster care, adoption, child welfare,
and child protective services programs;
(C) additional education or training of
State court judges, or of personnel of the judi-
cial system or of the State agencies described in
subparagraph (B);
(D) collection or dissemination of addi-
tional data or information for purposes of in-
creasing the understanding of personnel of
State courts and State agencies of matters re-
lating to case review proceedings in general, or
to specific case review proceedings; and
(E) increases in manpower, reductions in
the number of case reviews, or other changes
needed to enable the State courts to better
manage their caseloads with respect to such
proceedings.
(c) APPLICATIONS.—In order to be eligible for a
grant under this section, a highest State court shall sub-
mit to the Secretary, at such time and in such form as
the Secretary may require, an application containing—
(1) a timetable for conducting and completing
the assessment;
(2) a budget for the assessment;
775
(3) a description of the methods to be used to
select State courts for inclusion in, and to conduct,
the assessment;
(4) certifications by the head of the State agen-
cy administering the State program under such part
E, and by the State foster care citizen review board
or State organization of such review boards (if any),
that such entities have had an opportunity to review
and comment on a draft of the application before its
submission, and a copy of such comments;
(5) a description of the process to be used by
the court to consult with the entities referred to in
paragraph (4) of this subsection in conducting the
assessment under subsection (b);
(6) an assurance that, to the extent funds pro-
vided under this section are not necessary to com-
plete the assessment under subsection (b), the court
will use such funds to implement, to the extent fea-
sible, recommendations made pursuant to subsection
(b)(5);
(7) an assurance that funds provided under this
section will not be used to supplant State or local
funds which would otherwise be used for similar
purposes;
(8) a commitment to furnish to the Secretary—
776
(A) an interim report following the end of
the 2nd year of assessment activities under this
section; and
(B) a final report following the completion
of the assessment; and
(9) any other information the Secretary may
require.
(d) ALLOTMENTS.—
(1) IN
GENERAL.—Each highest State court
which has an application approved under subsection
(c), and is conducting assessment activities in ac-
cordance with this section, shall be entitled to pay-
ment, for each of fiscal years 1995 through 1998,
from 
amounts 
reserved 
pursuant 
to 
section
430(b)(2) of the Social Security Act, of an amount
equal to the sum of—
(A) for fiscal year 1995, $75,000 plus the
amount described in paragraph (2) for fiscal
year 1995; and
(B) for each of fiscal years 1996 through
1998, $85,000 plus the amount described in
paragraph (2) for each of such fiscal years.
(2) FORMULA.—The amount described in this
paragraph for any fiscal year is the amount that
bears the same ratio to the amount reserved pursu-
777
ant to section 430(b)(2) of the Social Security Act
for the fiscal year (reduced by the dollar amount
specified in paragraph (1) of this subsection for the
fiscal year) as the number of individuals in the State
who have not attained 21 years of age bears to the
total number of such individuals in all States the
highest State courts of which have approved applica-
tions under subsection (c).
(e) USE OF GRANT FUNDS.—Each highest State
court which receives funds paid under this section may
use such funds to pay—
(1) any or all costs of activities under this sec-
tion in fiscal year 1995; and
(2) not more than 75 percent of the cost of ac-
tivities under this section in each of fiscal years
1996, 1997, and 1998.
SEC. 13213. REQUIRED PROTECTIONS FOR FOSTER CHIL-
DREN.
(a) IN
GENERAL.—Section 422(b) (42 U.S.C.
622(b)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(7);
(2) by striking the period at the end of para-
graph (8) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
778
‘‘(9) provide assurances that the State—
‘‘(A) since June 17, 1980, has completed
an inventory of all children who, before the in-
ventory, had been in foster care under the re-
sponsibility of the State for 6 months or more,
which determined—
‘‘(i) the appropriateness of, and neces-
sity for, the foster care placement;
‘‘(ii) whether the child could or should
be returned to the parents of the child or
should be freed for adoption or other 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;
779
‘‘(ii) a case review system (as defined
in section 475(5)) for each child receiving
foster care under the supervision of the
State;
‘‘(iii) a service program designed to
help children—
‘‘(I) where appropriate, return to
families from which they have been
removed; or
‘‘(II) be placed for adoption, with
a legal 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 of foster care placement remain with
their families; and
‘‘(C)(i) has reviewed (or within 12 months
after the date of the enactment of this para-
graph will review) State laws and administra-
tive and judicial procedures in effect for chil-
dren abandoned at or shortly after birth (in-
780
cluding laws and procedures providing for legal
representation of such children); and
‘‘(ii) has enacted and is implementing (or
within 24 months after the date of the enact-
ment of this paragraph will enact and imple-
ment) such laws and procedures as the State
determines, on the basis of the review described
in clause (i), to be necessary to enable perma-
nent decisions to be made expeditiously with re-
spect to the placement of such children.’’.
(b) RESTRICTION ON REALLOTMENT.—Section 424
(42 U.S.C. 624) is amended—
(1) in the 1st sentence, by striking ‘‘The
amount’’ and inserting the following:
‘‘(a) IN GENERAL.—Subject to subsection (b), the
amount’’; and
(2) by adding at the end the following:
‘‘(b) EXCEPTION RELATING TO FOSTER CHILD PRO-
TECTIONS.—The Secretary shall not reallot under sub-
section (a) of this section any amount that is withheld or
recovered from a State due to the failure of the State to
comply with section 422(b)(9).’’.
(c) REPEAL.—Section 427 (42 U.S.C. 627) is hereby
repealed.
(d) CONFORMING AMENDMENTS.—
781
(1) Section 423(a) (42 U.S.C. 623(a)) is
amended by striking ‘‘and in section 427’’.
(2) Section 425(a)(2) (42 U.S.C. 625(a)(2)) is
amended by striking ‘‘the statistical report required
by section’’ and inserting ‘‘with section 422(b)(9)
or’’.
(3) Section 472(d) (42 U.S.C. 672(d)) is
amended 
by 
striking 
‘‘427(b)’’ 
and 
inserting
‘‘422(b)(9)’’.
(e) EFFECTIVE DATE.—The amendments and repeal
made by this section shall be effective for fiscal years be-
ginning on or after October 1, 1994.
(f) CONSTRUCTION OF SECTION.—This section and
the amendments and repeal made by this section shall not
be construed to permit any State to interrupt the provision
of the foster care protections described in section 427 of
the Social Security Act, as in effect on the effective date
of such amendments and repeal.
SEC. 13214. STATES REQUIRED TO REPORT ON MEASURES
TAKEN TO COMPLY WITH THE INDIAN CHILD
WELFARE ACT.
(a) STATE PLAN REQUIREMENT.—Section 422(b)
(42 U.S.C. 622(b)), as amended by section 13213(a) of
this Act, is amended—
782
(1) by striking ‘‘and’’ at the end of paragraph
(8);
(2) by striking the period at the end of para-
graph (9) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(10) contain a description, developed after
consultation with tribal organizations (as defined in
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act) in the State, of the specific
measures taken by the State to comply with the In-
dian Child Welfare Act.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall be effective with respect to calendar
quarters beginning on or after October 1, 1994.
SEC. 13215. CHILD WELFARE TRAINEESHIPS.
(a) IN GENERAL.—Part B of title IV (42 U.S.C.
620–628) is amended by inserting after section 428 the
following:
‘‘SEC. 429. CHILD WELFARE TRAINEESHIPS.
‘‘The Secretary may approve an application for a
grant to a public or nonprofit institution for higher learn-
ing to provide traineeships with stipends under section
426(a)(1)(C) only if the application—
‘‘(1) provides assurances that each individual
who receives a stipend with such traineeship (in this
783
section referred to as a ‘recipient’) will enter into an
agreement with the institution under which the
recipient agrees—
‘‘(A) to participate in training at a public
or private nonprofit child welfare agency on a
regular basis (as determined by the Secretary)
for the period of the traineeship;
‘‘(B) to be employed for a period of years
equivalent to the period of the traineeship, in a
public or private nonprofit child welfare agency
in any State, within a period of time (deter-
mined by the Secretary in accordance with
regulations) after completing the postsecondary
education for which the traineeship was
awarded;
‘‘(C) to furnish to the institution and the
Secretary evidence of compliance with subpara-
graphs (A) and (B); and
‘‘(D) if the recipient fails to comply with
subparagraph (A) or (B) and does not qualify
for any exception to this subparagraph which
the Secretary may prescribe in regulations, to
repay to the Secretary all (or an appropriately
prorated part) of the amount of the stipend,
plus interest, and, if applicable, reasonable col-
784
lection fees (in accordance with regulations pro-
mulgated by the Secretary);
‘‘(2) provides assurances that the institution
will—
‘‘(A) enter into agreements with child wel-
fare agencies for onsite training of recipients;
‘‘(B) permit an individual who is employed
in the field of child welfare services to apply for
a traineeship with a stipend if the traineeship
furthers the progress of the individual toward
the completion of degree requirements; and
‘‘(C) develop and implement a system that,
for the 3-year period that begins on the date
any student completes a child welfare services
program of study, tracks the employment
record of the student, for the purpose of deter-
mining the percentage of students who secure
employment in the field of child welfare services
and remain employed in the field.’’.
(b) 
CONFORMING
AMENDMENT.—Section
426(a)(1)(C) (42 U.S.C. 626(a)(1)(C)) is amended by in-
serting ‘‘described in section 429’’ after ‘‘including
traineeships’’.
785
(c) APPLICABILITY.—The amendments made by this
section shall apply to grants awarded on or after April
1, 1994.
SEC. 13216. DISSOLVED ADOPTIONS.
(a) ELIGIBILITY FOR FOSTER CARE MAINTENANCE
PAYMENTS.—Section 472 (42 U.S.C. 672) is amended—
(1) in subsection (b), by inserting ‘‘or (i)’’ after
‘‘subsection (a)’’; and
(2) by adding at the end the following:
‘‘(i) Any State with a plan approved under this part
may make foster care maintenance payments under this
part on behalf of a child—
‘‘(1) with respect to whom such payments were
previously made;
‘‘(2) whose adoption has been set aside by a
court;
‘‘(3) who meets the requirements of paragraphs
(1), (2), and (3) of subsection (a); and
‘‘(4) who fails to meet the requirements of sub-
section (a)(4) but would meet such requirements
if—
‘‘(A) the child were treated as if the child
were in the same financial and other cir-
cumstances the child was in the last time the
786
child was determined eligible for such pay-
ments; and
‘‘(B) the adoption were treated as having
never occurred.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall apply to payments under part E of title
IV of the Social Security Act in fiscal years beginning on
or after October 1, 1995.
SEC. 13217. TIME FRAME FOR JUDICIAL DETERMINATIONS
ON VOLUNTARY PLACEMENTS.
(a) IN GENERAL.—Section 472(e) (42 U.S.C. 672(e))
is amended—
(1) by striking ‘‘No’’ and inserting ‘‘(1) Except
as provided in paragraph (2), no’’; and
(2) by adding at the end the following:
‘‘(2) If the judicial determination referred to in
paragraph (1) is made after the 180-day period de-
scribed therein, the payments referred to therein
may not be made for the period that begins at the
end of the 180-day period and ends 180 days after
the date of the judicial determination, but shall (un-
less otherwise prohibited) be made for periods there-
after.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall be effective with respect to foster care
787
maintenance payments made, under State plans in fiscal
year 1996 and succeeding fiscal years, on behalf of chil-
dren placed in foster care on or after October 1, 1995.
SEC. 13218. STUDY OF REASONABLE EFFORTS.
(a) IN GENERAL.—The Secretary of Health and
Human Services shall conduct a study of the implementa-
tion by the States of section 471(a)(15) of the Social Secu-
rity Act, giving particular attention to—
(1) standards used by States in determining
what action to take, and whether and for how long
to continue efforts—
(A) before the placement of a child in fos-
ter care, to prevent or eliminate the need for re-
moval of the child from the home of the child;
and
(B) to return a child home rather than to
seek some other planned, permanent placement;
and
(2) the responses of the courts to the State ac-
tions described in paragraph (1) of this subsection,
including whether such responses facilitate or im-
pede the achievement by State agencies of the objec-
tives of such section 471(a)(15).
(b) REPORT AND RECOMMENDATIONS.—Within 18
months after the date of the enactment of this Act, the
788
Secretary of Health and Human Services shall submit to
the Congress a report, with such recommendations as the
Secretary finds appropriate, based on the results of the
study required by subsection (a) of this section, which de-
scribes State practices that the Secretary has found effec-
tive in achieving the objectives of section 471(a)(15) of
the Social Security Act, and, if appropriate, shall set forth
model practices for consideration by the States.
SEC. 13219. ENHANCED MATCH FOR AUTOMATED DATA
SYSTEMS.
(a) PAYMENTS TO STATES.—
(1) 
IN
GENERAL.—Section 
474(a)(3) 
(42
U.S.C. 674(a)(3)) is amended—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (B);
(B) by redesignating subparagraph (C) as
subparagraph (E); and
(C) by inserting after subparagraph (B)
the following:
‘‘(C) 90 percent of so much of such ex-
penditures as are for the planning, design, de-
velopment, or installation of statewide mecha-
nized data collection and information retrieval
systems (including 90 percent of the full
amount of expenditures for hardware compo-
789
nents for such systems) but only to the extent
that such systems—
‘‘(i) meet the requirements imposed
by regulations promulgated pursuant to
section 479(b)(2);
‘‘(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
‘‘(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 part B or this part;
and
‘‘(D) 50 percent of so much of such ex-
penditures as are for the operation of the state-
790
wide mechanized data collection and informa-
tion retrieval systems referred to in subpara-
graph (C); and’’.
(2) TREATMENT OF STATE EXPENDITURES FOR
DATA
COLLECTION
AND
INFORMATION
RETRIEVAL
SYSTEMS.—Section 474 (42 U.S.C. 674), as amend-
ed by section 13224 of this Act, is amended by add-
ing at the end the following:
‘‘(c) 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 described in sub-
section (a)(3)(C), 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 mainte-
nance payments or adoption assistance payments may be
made under this part.’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall apply to expenditures during
fiscal years 1994, 1995, and 1996.
(b) TERMINATION OF ENHANCED MATCH.—
(1) IN
GENERAL.—Section 474(a)(3)(C) (42
U.S.C. 674(a)(3)(C)), as amended by subsection (a)
791
of this section, is amended by striking ‘‘90 percent’’
each place such term appears and inserting ‘‘50 per-
cent’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall apply to expenditures during
fiscal years beginning on or after October 1, 1996.
SEC. 13220. PERIODIC REEVALUATION OF FOSTER CARE
MAINTENANCE PAYMENTS.
(a) IN GENERAL.—Section 471(a)(11) (42 U.S.C.
671(a)(11)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(11)’’;
(2) by striking ‘‘and amounts paid as foster
care maintenance payments and adoption assist-
ance’’; and
(3) by adding at the end the following:
‘‘(B) provides that, at least once every 3 years,
the State agency will review the amount paid as fos-
ter care maintenance payments and adoption assist-
ance payments to ensure their continuing appro-
priateness, and will submit to the Secretary (and
make available to the public) a report on the results
of the review, in such form and manner as the Sec-
retary may by regulation require, which contains, at
a minimum—
792
‘‘(i) a statement of the manner in which
the foster care maintenance payment level is de-
termined, including information on the cost of
foster care with respect to which such payments
are made;
‘‘(ii) information on the amount of the
basic foster care maintenance payment level,
and as to whether such payment level includes
an amount to cover the cost of clothing, and
whether such payment level varies by the type
of care or the special needs or age of the child,
and, if so, the payment levels for each special
needs, care, or age category;
‘‘(iii) if such payments are not made at a
different rate for children who test positive for
human immunodeficiency virus, have acquired
immune deficiency syndrome, are addicted to
drugs, suffer from complications due to expo-
sure to drugs or alcohol, or have other severe
special needs, the reasons therefor; and
‘‘(iv) information on any limitations im-
posed by the State on adoption assistance pay-
ment levels;’’.
793
(b) EFFECTIVE DATE.—The amendment made by
this section shall be effective with respect to calendar
quarters beginning on or after October 1, 1994.
SEC. 13221. DISPOSITIONAL HEARING.
Section 475(5)(C) (42 U.S.C. 675(5)(C)) is amended
by striking ‘‘periodically’’ and inserting ‘‘not less fre-
quently than every 12 months’’.
SEC. 13222. HEALTH CARE PLANS FOR FOSTER CHILDREN.
(a) IN GENERAL.—Section 475(1)(C) (42 U.S.C.
675(1)(C)) is amended—
(1) in clause (vii), by striking ‘‘and’’; and
(2) by redesignating clause (viii) as clause (ix)
and inserting after clause (vii) the following:
‘‘(viii) a record indicating that the child’s
foster care provider was advised (where appro-
priate) of the child’s eligibility for early and
periodic screening, diagnostic, and treatment
services under title XIX; and’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall apply to case plans established or re-
viewed on or after January 1, 1994.
SEC. 13223. INDEPENDENT LIVING.
(a) TREATMENT
OF ASSETS
OF PARTICIPATING
YOUTHS.—Section 477 (42 U.S.C. 677) is amended—
794
(1) by redesignating subsection (i) as subsection
(j); and
(2) by inserting after subsection (h) the follow-
ing:
‘‘(i) Notwithstanding any other provision of this title,
with respect to a child who is included in a program estab-
lished by a State agency under subsection (a), an amount
of the assets of the child which would otherwise be re-
garded as resources for purposes of determining eligibility
for benefits under this title may be disregarded for the
purpose of allowing the child to establish a household, pur-
sue education, or otherwise complete the transition to
independent living. The amount disregarded may not ex-
ceed an amount determined by the State agency to be rea-
sonable for such purposes.’’.
(b) PERMANENT EXTENSION OF PROGRAM.—Section
477 (42 U.S.C. 677) is amended—
(1) in subsection (a)(1), by striking the 3rd
sentence;
(2) in subsection (c), by striking ‘‘of the fiscal
years 1988 through 1992’’ and inserting ‘‘succeed-
ing fiscal year’’;
(3) in subsection (e)(1)(A), by striking ‘‘each of
the fiscal years 1987 through 1992’’ and inserting
‘‘fiscal year 1987 and any succeeding fiscal year’’;
795
(4) in subsection (e)(1)(B), by striking ‘‘fiscal
years 1991 and 1992’’ and inserting ‘‘fiscal year
1991 and any succeeding fiscal year’’; and
(5) in subsection (e)(1)(C)(ii), by striking ‘‘fis-
cal year 1992’’ and inserting ‘‘any succeeding fiscal
year’’.
(c) EFFECTIVE DATES.—
(1) TREATMENT OF ASSETS OF PARTICIPATING
YOUTHS.—The amendments made by subsection (a)
shall apply to activities in fiscal years beginning on
or after October 1, 1995.
(2) PERMANENT
EXTENSION
OF
PROGRAM.—
The amendments made by subsection (b) shall apply
to activities engaged in on or after October 1, 1992.
SEC. 13224. ELIMINATION OF FOSTER CARE CEILINGS AND
OF AUTHORITY TO TRANSFER UNUSED FOS-
TER CARE FUNDS TO CHILD WELFARE SERV-
ICES PROGRAMS.
(a) REPEAL.—Subsections (b) and (c) of section 474
(42 U.S.C. 674(b) and (c)) are hereby repealed.
(b) CONFORMING AMENDMENTS.—Section 474 (42
U.S.C. 674) is amended—
(1) in subsection (d)(1)—
(A) by striking ‘‘subsections (a), (b), and
(c)’’ and inserting ‘‘subsection (a)’’; and
796
(B) by striking ‘‘the provisions of such
subsections’’ and inserting ‘‘subsection (a)’’;
and
(2) by redesignating subsection (d) as sub-
section (b).
(c) EFFECTIVE DATE.—The amendments and repeal
made by this section shall apply to payments for calendar
quarters beginning on or after October 1, 1993.
SEC. 13225. TRAINING OF AGENCY STAFF AND FOSTER
AND ADOPTIVE PARENTS.
(a) IN GENERAL.—Section 8006(b) of the Omnibus
Budget Reconciliation Act of 1989 (42 U.S.C. 674 note)
is amended by striking ‘‘, and before October 1, 1992’’.
(b) RETROACTIVE APPLICABILITY.—The Social Secu-
rity Act shall be applied and administered as if the amend-
ment made by subsection (a) had been made on October
1, 1992.
SEC. 13226. ON-SITE REVIEWS AND AUDITS OF STATE
CLAIMS FOR FOSTER CARE AND ADOPTION
ASSISTANCE.
(a) ON-SITE REVIEWS
AND AUDITS
OF STATE
CLAIMS.—Section 474 (42 U.S.C. 674), as amended by
sections 13224 and 13219(a)(2) of this Act, is amended—
(1) by redesignating subsection (c) as sub-
section (d); and
797
(2) by inserting after subsection (b) the follow-
ing:
‘‘(c) ON-SITE REVIEWS
AND AUDITS
OF STATE
CLAIMS FOR PAYMENT.—
‘‘(1) 
REGULATIONS
SPECIFYING
REVIEW
STANDARDS.—The Secretary shall promulgate regu-
lations applicable to on-site reviews and audits of
State expenditures for foster care maintenance pay-
ments and adoption assistance payments under this
part, which specify—
‘‘(A) the criteria to be used to determine
the appropriateness of expenditures identified in
sampled case files;
‘‘(B) the criteria to be used to determine
the appropriateness of expenditures for child
placement services and plan administration; and
‘‘(C) the types of erroneous expenditures
which will be disregarded for purposes of deter-
mining the appropriateness of payments under
this part (including erroneous payments result-
ing from the State’s reliance upon and correct
use of formal written statements of Federal law
or policy provided to the State by the Sec-
retary).
798
‘‘(2) DEVELOPMENT
AND
PUBLICATION
OF
WRITTEN STANDARDS AND PROCEDURES.—The Sec-
retary, after consultation with organizations rep-
resenting State and local governmental agencies with
responsibility for foster care and adoption services
and other relevant agencies and organizations, shall
develop and furnish to State agencies a written de-
scription of the methods and procedures to be used
in the on-site audits and reviews referred to in para-
graph (1), which specify—
‘‘(A) the methods and procedures to be
used to select a sample of case files for review
or audit;
‘‘(B) the procedures to be used in review-
ing or auditing sampled case files to determine
erroneous expenditures;
‘‘(C) the procedures to be used to review or
audit State expenditures for child placement
services and plan administration; and
‘‘(D) the methodology to be used to ex-
trapolate from review or audit findings to all
expenditures under the State plan.
‘‘(3) ADVANCE NOTICE TO STATES.—The Sec-
retary shall not, in a review or audit of State ex-
penditures during a fiscal year, use any criterion
799
specified pursuant to paragraph (1), or any proce-
dure or methodology specified pursuant to para-
graph (2), which was not published in final regula-
tions or furnished in writing to the State (as appli-
cable) at least 3 months before the beginning of the
fiscal year.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to expenditures in fiscal years
beginning on or after October 1, 1994.
SEC. 13227. CONFORMITY REVIEWS.
(a) IN GENERAL.—Part A of title XI (42 U.S.C.
1301–1320b–13) is amended by inserting after section
1122 the following:
‘‘SEC. 1123. REVIEWS OF CHILD AND FAMILY SERVICES
PROGRAMS, AND OF FOSTER CARE AND
ADOPTION 
ASSISTANCE 
PROGRAMS, 
FOR
COMPLIANCE WITH STATE PLAN REQUIRE-
MENTS.
‘‘(a) IN GENERAL.—The Secretary shall not impose
a financial penalty on any State for any failure of the
State programs under parts B and E of title IV to comply
with any requirement of any State plan approved under
such part B or E, except pursuant to final regulations,
developed after consultation with State agencies admin-
800
istering such programs, which meet the requirements of
this section.
‘‘(b) ELEMENTS OF REVIEW SYSTEM.—The regula-
tions referred to in subsection (a) shall—
‘‘(1) specify the timetable for compliance re-
views of State programs, which—
‘‘(A) shall provide for annual reviews of
each State program during the 1st 2 years of
operation;
‘‘(B) shall provide for review of a State
program not later than 1 year following a re-
view in which the State program was found not
to be in substantial compliance with plan re-
quirements; and
‘‘(C) may provide for less frequent reviews
of State programs which have been found to be
in substantial compliance with plan require-
ments, but shall permit the Secretary to rein-
state more frequent reviews based on informa-
tion which indicates that the State program
may not be in compliance with plan require-
ments;
‘‘(2) specify the plan requirements subject to
review, and the criteria to be used to measure com-
pliance with such requirements and to determine
801
whether there is a substantial failure to comply with
a plan requirement;
‘‘(3) specify the method to be used to determine
the financial penalty to be imposed (subject to para-
graph (4)) for a failure to comply with plan require-
ments, which ensures that—
‘‘(A) a financial penalty will not be im-
posed with respect to a program, unless it is de-
termined that the program fails substantially to
so comply;
‘‘(B) a financial penalty will not be im-
posed for a failure to so comply resulting from
the State’s reliance upon and correct use of for-
mal written statements of Federal law or policy
provided to the State by the Secretary; and
‘‘(C) the amount of financial penalty is re-
lated to the extent of the noncompliance; and
‘‘(4) require the Secretary, with respect to any
State found to have failed substantially to comply
with plan requirements—
‘‘(A) to afford the State an opportunity to
adopt and implement a corrective action plan,
approved by the Secretary, designed to end the
noncompliance;
802
‘‘(B) to make technical assistance available
to the State to the extent necessary to enable
the State to develop and implement such a cor-
rective action plan;
‘‘(C) to suspend the imposition of any pen-
alty under this section while such a corrective
action plan is in effect; and
‘‘(D) to rescind any such penalty if the
noncompliance is ended by successful comple-
tion of such a corrective action plan.
‘‘(c) PROVISIONS FOR ADMINISTRATIVE AND JUDI-
CIAL REVIEW.—The regulations referred to in subsection
(a) shall—
‘‘(1) require the Secretary, not later than 10
days after a determination that a program of the
State is not in compliance with applicable plan
requirements, to notify the State of—
‘‘(A) the basis for the determination; and
‘‘(B) the amount of the financial penalty
(if any) imposed on the State;
‘‘(2) afford the State an opportunity to appeal
the determination to the Departmental Appeals
Board within 60 days after receipt of the notice de-
scribed in paragraph (1) (or, if later, after failure to
803
continue or to complete a corrective action plan);
and
‘‘(3) afford the State an opportunity to obtain
judicial review of an adverse decision of the Board,
within 60 days after the State receives notice of the
decision of the Board, by appeal to the district court
of the United States for the judicial district in which
the principal or headquarters office of the agency re-
sponsible for administering the program is located.’’.
(b) CONFORMING AMENDMENT.—Section 471(b) (42
U.S.C. 671(b)) is amended by striking all that follows the
1st sentence.
(c) EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) shall take effect on the date of
the enactment of this Act.
(d) CONSTRUCTION.—This section shall not be con-
strued to prevent the Secretary, before the effective date
of final regulations meeting the requirements of section
1123 of the Social Security Act, from conducting compli-
ance reviews of State programs under parts B and E of
such Act for the purpose of providing information and
technical assistance to States concerning corrective actions
needed in order to comply with plan requirements applica-
ble to such programs.
804
SEC. 13228. REPEAL OF ANNUAL REPORT ON VOLUNTARY
PLACEMENT.
Section 102(e) of the Adoption Assistance and Child
Welfare Act of 1980 (42 U.S.C. 672 note) is hereby
repealed.
SEC. 13229. DEMONSTRATION PROJECTS.
Part A of title XI (42 U.S.C. 1301–1320b–13) is
amended by inserting after section 1128B the following:
‘‘SEC. 1129. DEMONSTRATION PROJECTS.
‘‘(a) IN GENERAL.—The Secretary may authorize not
more than 10 States to conduct demonstration projects
pursuant to this section which the Secretary finds are like-
ly to promote the objectives of part B or E of title IV.
‘‘(b) WAIVER
AUTHORITY.—The Secretary may
waive compliance with any requirement of part B or E
of title IV which (if applied) would prevent a State from
carrying out a demonstration project under this section
or prevent the State from effectively achieving the purpose
of such a project, except that the Secretary may not
waive—
‘‘(1) any provision of section 427 (as in effect
before October 1, 1994), section 422(b)(9) (as in ef-
fect after such date), or section 479; or
‘‘(2) any provision of such part E, to the extent
that the waiver would impair the entitlement of any
805
qualified child or family to benefits under a State
plan approved under such part E.
‘‘(c) TREATMENT AS PROGRAM EXPENDITURES.—
For purposes of parts B and E of title IV, the Secretary
shall consider the expenditures of any State to conduct
a demonstration project under this section to be expendi-
tures under subpart 1 or 2 of such part B, or under such
part E, as the State may elect.
‘‘(d) DURATION
OF
DEMONSTRATION.—A dem-
onstration project under this section may be conducted for
not more than 5 years.
‘‘(e) APPLICATION.—Any State seeking to conduct a
demonstration project under this section shall submit to
the Secretary an application, in such form as the Sec-
retary may require, which includes—
‘‘(1) a description of the proposed project, the
geographic area in which the proposed project would
be conducted, the children or families who would be
served by the proposed project, and the services
which would be provided by the proposed project
(which shall provide, where appropriate, for random
assignment of children and families to groups served
under the project and to control groups);
‘‘(2) a statement of the period during which the
proposed project would be conducted;
806
‘‘(3) a discussion of the benefits that are ex-
pected from the proposed project (compared to a
continuation of activities under the approved plan or
plans of the State);
‘‘(4) an estimate of the costs or savings of the
proposed project;
‘‘(5) a statement of program requirements for
which waivers would be needed to permit the pro-
posed project to be conducted;
‘‘(6) a description of the proposed evaluation
design; and
‘‘(7) such additional information as the Sec-
retary may require.
‘‘(f) EVALUATIONS; REPORT.—Each State authorized
to conduct a demonstration project under this section
shall—
‘‘(1) obtain an evaluation by an independent
contractor of the effectiveness of the project, using
an evaluation design approved by the Secretary
which provides for—
‘‘(A) comparison of methods of service de-
livery under the project, and such methods
under a State plan or plans, with respect to ef-
ficiency, economy, and any other appropriate
measures of program management;
807
‘‘(B) comparison of outcomes for children
and families (and groups of children and fami-
lies) under the project, and such outcomes
under a State plan or plans, for purposes of as-
sessing the effectiveness of the project in
achieving program goals; and
‘‘(C) any other information that the Sec-
retary may require; and
‘‘(2) provide interim and final evaluation re-
ports to the Secretary, at such times and in such
manner as the Secretary may require.
‘‘(g) COST NEUTRALITY.—The Secretary may not
authorize a State to conduct a demonstration project
under this section unless the Secretary determines that
the total amount of Federal funds that will be expended
under (or by reason of) the project over its approved term
(or such portion thereof or other period as the Secretary
may find appropriate) will not exceed the amount of such
funds that would be expended by the State under the State
plans approved under parts B and E of title IV if the
project were not conducted.’’.
SEC. 13230. PLACEMENT ACCOUNTABILITY.
(a) CASE PLAN REQUIREMENTS.—Section 475(5)(A)
(42 U.S.C. 675(5)(A)) is amended by adding at the end
the following: ‘‘which—
808
‘‘(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 the home is
located, sets forth the reasons why such
placement is in the best interests of the
child, and
‘‘(ii) if the child has been placed in
foster care outside the State, requires that,
at least every 6 months, a caseworker on
the staff of the State agency of the State
in which the home of the parents of the
child is located, 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 agency of
the State in which the home of the parents
of the child is located,’’.
(b) DISPOSITIONAL HEARING.—Section 475(5)(C)
(42 U.S.C. 675(5)(C)) is amended by inserting ‘‘and, in
the case of a child described in subparagraph (A)(ii),
whether the out-of-State placement continues to be appro-
priate and in the best interests of the child,’’ after ‘‘long-
term basis)’’.
809
(c) DATA COLLECTION.—Section 479(c)(3)(C) (42
U.S.C. 679(c)(3)(C)) is amended—
(1) by striking ‘‘and’’ at the end of clause (i);
and
(2) by adding at the end the following:
‘‘(iii) children placed in foster care
outside the State, and’’.
(d) EFFECTIVE DATES.—The amendments made by
subsections (a), (b), and (c) shall be effective with respect
to fiscal years beginning on and after October 1, 1994.
SEC. 13231. PAYMENTS OF STATE CLAIMS FOR FOSTER
CARE AND ADOPTION ASSISTANCE.
Section 474(b) (42 U.S.C. 674(b)), as so redesig-
nated by section 13239(b)(2) of this Act, is amended by
adding at the end the following:
‘‘(4)(A) Within 60 days after receipt of a State claim
for expenditures pursuant to subsection (a), the Secretary
shall allow, disallow, or defer such claim.
‘‘(B) Within 15 days after a decision to defer such
a State claim, the Secretary shall notify the State of the
reasons for the deferral and of the additional information
necessary to determine the allowability of the claim.
‘‘(C) Within 90 days after receiving such necessary
information (in readily reviewable form), the Secretary
shall—
810
‘‘(i) disallow the claim, if able to complete the
review and determine that the claim is not allowable,
or
‘‘(ii) in any other case, allow the claim, subject
to disallowance (as necessary)—
‘‘(I) upon completion of the review, if it is
determined that the claim is not allowable; or
‘‘(II) on the basis of findings of an audit
or financial management review.’’.
SEC. 13232. MORATORIUM ON COLLECTION OF DISALLOW-
ANCES.
The Secretary of Health and Human Services shall
not—
(1) before October 1, 1994, reduce any pay-
ment to, withhold any payment from, or seek any re-
payment from any State under part B or E of title
IV of the Social Security Act by reason of a deter-
mination made in connection with a review of State
compliance with section 427 of such Act for any
Federal fiscal year before fiscal year 1995; or
(2) reduce any payment to, withhold any pay-
ment from, or seek any repayment from any State
under such part E by reason of a determination
made in connection with any on-site Federal finan-
811
cial review, or any audit conducted by the Inspector
General using similar methodologies.
SEC. 13233. BORDER REGION CHILD WELFARE WORKER
TRAINING DEMONSTRATION.
(a) IN GENERAL.—The Secretary shall make grants
to not more than 5 eligible institutions to train individuals
to deliver culturally sensitive and bilingual child welfare
services in areas of the United States that border on Mex-
ico, 1 of which grants shall be for training to deliver child
welfare services to historically unserved or underserved
populations in an urban center with a high concentration
of such populations.
(b) APPLICATIONS.—The Secretary shall approve an
application of an institution for a grant under this section
only if the application—
(1) demonstrates to the satisfaction of the Sec-
retary that the institution has a history of, or a plan
for, training students to deliver culturally sensitive
and bilingual child welfare services in a border
county;
(2) provides assurances that the institution will
develop and implement, in consultation with the
child welfare agency of the State in which the insti-
tution is located, a curriculum in the field of child
welfare services which—
812
(A) is sensitive to the culture of—
(i) the areas of the United States that
border on Mexico; or
(ii) in the case of the institution which
receives the urban center grant described
in subsection (a), the historically unserved
or underserved populations in the urban
center; and
(B) includes training for identification of
health problems of children and their families
and of child abuse and neglect;
(3) provides assurances that each individual
who receives a stipend with such training will enter
into an agreement with the institution under which
the individual agrees—
(A) to be employed for a period of years
equivalent to the period of such training, in a
public or private nonprofit family assistance
agency that provides services directly to resi-
dents of—
(i) the border county in which the
agency is located; or
(ii) in the case of the institution which
receives the urban center grant described
813
in subsection (a), the urban center in
which the agency is located; and
(B) if the individual fails to be so em-
ployed for such period, to repay to the Sec-
retary, in accordance with such conditions as
the Secretary may prescribe, all or part of the
amount of the stipend, plus interest, and, if ap-
plicable, reasonable collection fees; and
(4) provides that each agreement entered into
with an individual pursuant to paragraph (3) will
fully disclose the terms and conditions under which
the stipend is to be provided.
(c) EVALUATIONS.—Each institution that receives a
grant under this section shall develop and carry out a plan
for evaluating the effects of the training provided under
the grant, and shall submit to the Secretary a report on
the evaluation.
(d) DEFINITIONS.—As used in this section:
(1) FAMILY
ASSISTANCE
AGENCY.—The term
‘‘family assistance agency’’ means a child welfare
agency, family planning agency, hospital, clinic, com-
munity mental health facility, or drug and alcohol
treatment program.
(2) ELIGIBLE INSTITUTION.—The term ‘‘eligi-
ble institution’’ means a public or private nonprofit
814
institution of higher learning that is located in a
State that contains a border county.
(3) BORDER COUNTY.—The term ‘‘border coun-
ty’’ means—
(A) a United States county that borders on
Mexico; and
(B) a United States county that borders
on a county described in subparagraph (A).
(4) URBAN CENTER.—The term ‘‘urban center’’
means an area in a metropolitan statistical area, as
designated by the Office of Management and Budg-
et, which has a high incidence of individuals in his-
torically unserved or underserved populations who
are in need of social services, as determined by the
Secretary using the most recent and best available
information.
(5) HISTORICALLY
UNSERVED
OR
UNDER-
SERVED
POPULATIONS.—The 
term 
‘‘historically
unserved or underserved populations’’ includes—
(A) socially and economically disadvan-
taged populations;
(B) persons with limited English pro-
ficiency;
(C) populations residing in urban areas
and exhibiting a high incidence of child abuse,
815
neglect, or abandonment, as determined by the
Secretary;
(D) homeless persons (within the meaning
of section 103 of the Stewart B. McKinney
Homeless Assistance Act);
(E) persons who are, or are in danger of
becoming, 
infected 
with 
the 
human
immunodeficiency virus; and
(F) persons who abuse alcohol or drugs.
(6) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Health and Human Services.
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out this section.
SEC. 13234. EFFECT OF FAILURE TO CARRY OUT STATE
PLAN.
(a) IN GENERAL.—Part A of title XI (42 U.S.C.
1301–1320b–13), as amended by section 13229 of this
Act, is amended by inserting after section 1129 the follow-
ing:
‘‘SEC. 1130. EFFECT OF FAILURE TO CARRY OUT STATE
PLAN.
‘‘In an action brought to enforce a provision of the
Social Security Act, such provision is not to be deemed
unenforceable because of its inclusion in a section of the
816
Act requiring a State plan or specifying the required con-
tents of a State plan. This section is not intended to limit
or expand the grounds for determining the availability of
private actions to enforce State plan requirements other
than by overturning any such grounds applied in Suter
v. Artist M., 112 S. Ct. 1360 (1992), but not applied in
prior Supreme Court decisions respecting such enforce-
ability: Provided, however, That this section is not in-
tended to alter the holding in Suter v. Artist M. that sec-
tion 471(a)(15) of the Act is not enforceable in a private
right of action.’’.
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply to actions pending on the date of
the enactment of this Act and to actions brought on or
after such date of enactment.
CHAPTER 2—CHILD SUPPORT
ENFORCEMENT
SEC. 13241. STATE 
PATERNITY 
ESTABLISHMENT 
PRO-
GRAMS.
(a) PERFORMANCE STANDARDS.—Section 452(g) (42
U.S.C. 652(g)) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘1991’’ and inserting
‘‘1994’’;
817
(B) by inserting ‘‘is based on reliable data
and’’ before ‘‘equals or exceeds’’; and
(C) by striking subparagraphs (A), (B),
and (C) and inserting the following:
‘‘(A) 75 percent;
‘‘(B) for a State with a paternity establishment
percentage of not less than 50 percent but less than
75 percent for the fiscal year, the paternity estab-
lishment percentage of the State for the immediately
preceding year plus 3 percentage points; or
‘‘(C) for a State with a paternity establishment
percentage of less than 50 percent for such fiscal
year, the paternity establishment percentage of the
State for the immediately preceding year plus 6 per-
centage points.’’; and
(2) in paragraph (2)—
(A) by striking ‘‘(or under all such plans)’’
each place such term appears;
(B) by inserting ‘‘or part E’’ after ‘‘under
part A’’ each place such term appears;
(C) by amending subparagraph (B) to read
as follows:
‘‘(B) the term ‘reliable data’ means the
most recent data available which are found by
818
the Secretary to be reliable for purposes of this
section.’’;
(D) by inserting ‘‘unless paternity is estab-
lished for such child’’ after ‘‘the death of a par-
ent’’;
(E) by striking ‘‘parent or’’ and inserting
‘‘parent,’’; and
(F) by inserting ‘‘, or any child with re-
spect to whom the State agency administering
the plan under part E determines (as provided
in section 454(4)(B)) that it is against the best
interest of such child to do so’’ after ‘‘cooperate
under section 402(a)(26)’’.
(b) STATE PLAN REQUIREMENTS.—
(1) REQUIRED
PROCEDURES.—Section 466(a)
(42 U.S.C. 666(a)) is amended—
(A) in paragraph (2)—
(i) by striking ‘‘at the option of the
State,’’; and
(ii) by inserting ‘‘and paternity estab-
lishment’’ after ‘‘support order issuance
and enforcement’’;
(B) in paragraph (5), by adding at the end
the following:
819
‘‘(C) Procedures for a simple civil process
for voluntarily acknowledging paternity under
which the State must explain the rights and re-
sponsibilities of acknowledging paternity, and
afford due process safeguards. Such procedures
must include (i) a hospital-based program for
the voluntary acknowledgment of paternity dur-
ing the period immediately before or after the
birth of a child, and (ii) the inclusion of signa-
ture lines on applications for official birth cer-
tificates which, once signed by the father and
the mother, are considered a voluntary acknowl-
edgment of paternity.
‘‘(D) Procedures under which the vol-
untary acknowledgment of paternity of a child
by an individual in the manner described in
subparagraph (C)(ii) creates a rebuttable or, at
the option of the State, conclusive presumption
that the individual is the father of the child,
and under which such a voluntary acknowledg-
ment is admissible as evidence of paternity.
‘‘(E) Procedures under which a voluntary
acknowledgment of paternity in the manner de-
scribed in subparagraph (C)(ii) must be recog-
nized as a basis for seeking a support order
820
without first requiring any further proceedings
to establish paternity.
‘‘(F) Procedures requiring that (i) any ob-
jection to genetic testing results be made in
writing within a specified number of days be-
fore any hearing at which such results may be
introduced into evidence, and (ii) if no objection
is made, the test results be admissible as evi-
dence of paternity without the need for founda-
tion testimony or other proof of authenticity or
accuracy.
‘‘(G) Procedures which create a rebuttable
or, at the option of the State, conclusive pre-
sumption of paternity of a child, upon genetic
testing results indicating a threshold probability
of the alleged father being the father of the
child.
‘‘(H) Procedures requiring a default order
to be entered in a paternity case upon a show-
ing that process has been served on the defend-
ant and any additional showing required by
State law.’’; and
(C) by inserting after paragraph (10) the
following:
1062
section 2355 of the Deficit Reduction Act of 1984,
or section 9412(b) of the Omnibus Budget Reconcili-
ation Act of 1986 or, during the period beginning on
the date specified in subsection (p)(1)(C) and ending
on December 31, 1994, a policy or plan of an orga-
nization if the policy or plan provides benefits pursu-
ant to an agreement under section 1833(a)(1)(A)’’.
(2) Section 4356(b) of OBRA–1990 is amended
by striking ‘‘on the date of the enactment of this
Act’’ and inserting ‘‘on the date specified in section
1882(p)(1)(C) of the Social Security Act’’.
(g) P RE-EXISTING CONDITION LIMITATIONS.—Sec-
tion 1882(s) (42 U.S.C. 1395ss(s)) is amended—
(1) in paragraph (2)(A), by striking ‘‘for which
an application is submitted’’ and inserting ‘‘in the
case of an individual for whom an application is sub-
mitted prior to or’’,
(2) in paragraph (2)(A), by striking ‘‘in which
the individual (who is 65 years of age or older) first
is enrolled for benefits under part B’’ and inserting
‘‘as of the first day on which the individual is 65
years of age or older and is enrolled for benefits
under part B’’, and
(3) in paragraph (2)(B), by striking ‘‘before it’’
and inserting ‘‘before the policy’’.