I
107TH CONGRESS
1ST SESSION
H. R. 1371
To provide for grants to State child welfare systems to improve quality
standards and outcomes, and to authorize the forgiveness of loans made
to certain students who become child welfare workers.
IN THE HOUSE OF REPRESENTATIVES
APRIL 3, 2001
Mr. STARK (for himself, Mr. MATSUI, Mr. FILNER, Mrs. MALONEY of New
York, Mr. GUTIERREZ, Mr. FRANK, Ms. SOLIS, Ms. MCCARTHY of Mis-
souri, Mr. GEORGE MILLER of California, Mr. CRAMER, Mr. LEVIN, Mr.
ALLEN, Mr. DOGGETT, Mr. KENNEDY of Rhode Island, Mr. CONYERS,
and Ms. CARSON of Indiana) introduced the following bill; which was re-
ferred to the Committee on Ways and Means, and in addition to the
Committee on Education and the Workforce, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To provide for grants to State child welfare systems to
improve quality standards and outcomes, and to author-
ize the forgiveness of loans made to certain students
who become child welfare workers.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Child Protection Serv-
ices Improvement Act’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Approximately 3,000,000 reports of child
abuse and neglect must be investigated each year.
(2) Approximately 1,000,000 of these reports
are confirmed and require ongoing intervention.
(3) On any given day in the United States,
more than 500,000 children are being served outside
their homes by the child welfare system.
(4) These children are served in more than
150,000 foster homes and more than 5,000 residen-
tial programs.
(5) The child welfare ‘‘workforce crisis’’ has de-
veloped as the result of the following 3 major fac-
tors:
(A) Overall low levels of unemployment
and the resulting increase in competition for
workers in all sectors of the economy.
(B) The increasing numbers of children
and families needing service coupled with de-
creasing numbers of workers in the employment
pool.
(C) The relatively low pay and difficult
working conditions that exist in many child wel-
fare agencies.
(6) The vacancy rate in State child welfare
agencies is 8.1 percent, and 14.3 percent for private
agencies.
(7) The overall turnover rate in child welfare
agencies has doubled since 1991, to 13.9 percent in
public agencies and to 46.5 percent in private agen-
cies.
(8) The child welfare workforce crisis is real
and is already compromising the ability of the child
welfare system to effectively provide essential serv-
ices to its children and families. In addition, analysis
of trends indicates that the situation will worsen
over the next decade. It is clear that steps must be
taken now to encourage more workers to enter the
field and to improve the salaries, working conditions,
and training of workers who provide these critically
important services.
SEC. 3. SENSE OF THE CONGRESS.
The Congress strongly encourages State agencies to
make resources obtained under sections 4 and 5 available
to the nonprofit private sector contracted providers in
their State who face the same challenges as the State.
SEC. 4. CHILD WELFARE SERVICE QUALITY IMPROVEMENT
GRANTS.
(a) IN GENERAL.—The Secretary of Health and
Human Services (in this section referred to as the ‘‘Sec-
retary’’), acting through the Administration of Children
and Families, may make grants to States to improve the
quality of child welfare services by increasing the quality
and capacity of their child welfare workforce or by increas-
ing the coordination of their child welfare services.
(b) APPLICATIONS.—
(1) CONTENTS.—A State desiring to receive a
grant under this section shall submit to the Sec-
retary an application that includes the following:
(A) PLAN.—A detailed description of how
the State would use the grant, during the 5-
year period beginning with the date the grant
is received, to improve working conditions of
child welfare workers in 1 or more ways de-
scribed in paragraph (2), and an explanation of
how doing so would help the State achieve the
outcomes set forth in the Final List of Child
Welfare Outcomes and Measures (64 Fed. Reg.
45552–45554).
(B) BASELINE DATA ON STATE-SELECTED
INDICATORS.—The information described in
those subparagraphs of paragraph (3) which de-
scribe the indicators that the State intends to
improve on using the grant, with respect to all
child welfare agencies in the State for the fiscal
year preceding the first fiscal year for which the
grant is requested.
(C) BUDGET.—A budget showing how the
State would expend funds (including any grant
funds provided under this section) for child wel-
fare services or the improvement of the services.
(2) WAYS
TO
IMPROVE
WORKING
CONDI-
TIONS.—The ways described in this paragraph to
improve working conditions of child welfare workers
are the following:
(A) Increase the wages of supervisory and
nonsupervisory child welfare workers.
(B) Increase the number of State super-
visory and nonsupervisory staff working on
strengthening and preserving families and im-
proving child well-being, permanency, and safe-
ty.
(C) Reduce the turnover rate for super-
visory and nonsupervisory child welfare workers
in the State, and the number of supervisory and
nonsupervisory staff vacancies in child welfare
agencies.
(D) Improve the formal education and
training of supervisory and nonsupervisory child
welfare workers.
(E) Increase the number of supervisory
and nonsupervisory child welfare workers who
have graduated from an institution of higher
education in such fields of study as the Sec-
retary determines are related to the delivery of
child welfare services.
(F) Coordinate training, recruitment, and
retention strategies for child welfare workers.
(G) Implement strategies to increase the
safety of child welfare workers.
(H) Enable the State child welfare agen-
cies to coordinate the provision of services with
State and local health care agencies, State and
local alcohol and drug abuse prevention and
treatment agencies, State and local mental
health agencies, State and local housing agen-
cies, and other welfare agencies to promote
child safety, permanence, and family stability.
(3) DESCRIPTION
OF
BASELINE
DATA.—The
data described in this paragraph are the following:
(A) The average salary of supervisory child
welfare workers, and of nonsupervisory child
welfare workers.
(B) The average number of children or
families, per caseworker—
(i) for caseworkers who provide serv-
ices for abused or neglected children and
their families;
(ii) for caseworkers who provide serv-
ices to strengthen and preserve families
with children;
(iii) for caseworkers who provide
adoption services; and
(iv) for caseworkers who provide fam-
ily foster care services.
(C) The total number of vacancies in su-
pervisory staff positions and in nonsupervisory
staff positions, and each such number expressed
as a percentage of each type of staff position.
(D) The average rate at which supervisory
child welfare workers left employment, and at
which nonsupervisory child welfare workers left
employment.
(E) The average duration of employment
of supervisory child welfare workers and of non-
supervisory child welfare workers.
(F) The total number and percentage of
supervisory child welfare workers and of non-
supervisory child welfare workers who have re-
ceived a bachelor’s or more advanced degree
from an institution of higher education, in the
aggregate, and broken down by field of study.
(G) The average number of staff for whom
supervisory child welfare workers are respon-
sible.
(H) The range and scope of pre-service
and in-service training opportunities, including
numbers and percentage of supervisory child
welfare staff and of nonsupervisory child wel-
fare staff engaged in training programs.
(I) The number and severity of injuries
and threats to child welfare workers, and the
strategies used to address the safety of child
welfare workers.
(J) Data that indicates whether families
and children received support services (such as
mental and physical health care, food stamps,
affordable housing, and substance abuse pre-
vention and treatment) needed to create a sta-
ble home environment.
(K) Such other indicators as the Secretary
may by regulation prescribe.
(4) AMENDMENT OF APPLICATIONS.—A State
may at any time submit to the Secretary an amend-
ment to the application of the State under this sub-
section. On approval of such an amendment, the ap-
plication shall be considered to include the amend-
ment.
(c) GRANTS.—
(1) IN GENERAL.—On certification by the Sec-
retary that a State application for a grant under
this section meets the requirements of subsection (b)
and that implementing the activities described in the
application would help the State achieve some of the
outcomes set forth in the Final List of Child Welfare
Outcomes and Measures (64 Fed. Reg. 45552–
45554), and on approval by the Secretary of the ap-
plication, the State shall be eligible to receive a
grant under this section for each fiscal year for
which funds are available for such a grant.
(2) GRANT
AMOUNT.—The Secretary shall
make a grant to each State that is eligible to receive
a grant under this section for a fiscal year, in an
amount equal to the lesser of—
(A) the amount finally allotted to or re-
served for the State under this subsection for
the fiscal year; or
(B) 3 times the amount that the State has
committed to spend to carry out the activities
described in the approved application.
(3) RESERVATION OF FUNDS.—
(A) PUERTO
RICO.—The Secretary shall
reserve 1.75 percent of the funds appropriated
pursuant to subsection (j) for each fiscal year,
for a grant to Puerto Rico under this section
for the fiscal year. If, for a fiscal year, Puerto
Rico does not submit to the Secretary an appli-
cation that meets the requirements of sub-
section (b), the funds so reserved shall be avail-
able for allotment under paragraph (4) of this
subsection for the succeeding fiscal year or (if
the succeeding fiscal year is fiscal year 2007)
remitted to the Treasury of the United States.
(B) OTHER TERRITORIES.—The Secretary
shall reserve 0.3 percent of the funds appro-
priated pursuant to subsection (j) for each fis-
cal year, for grants among the United States
Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Is-
lands under this section in such amounts as the
Secretary deems appropriate for the fiscal year.
If, for a fiscal year, none of such territories
submits to the Secretary an application that
meets the requirements of subsection (b), the
funds so reserved shall be available for allot-
ment under paragraph (4) of this subsection for
the succeeding fiscal year or (if the succeeding
fiscal year is fiscal year 2007) remitted to the
Treasury of the United States.
(C) INDIAN TRIBES.—The Secretary shall
reserve 1 percent of the funds appropriated
pursuant to subsection (j) for each fiscal year,
for grants among Indian tribes under this sec-
tion in such amounts as the Secretary deems
appropriate for the fiscal year. If, for a fiscal
year, no Indian tribe submits to the Secretary
an application that meets the requirements of
subsection (b), the funds so reserved shall be
available for allotment under paragraph (4) of
this subsection for the succeeding fiscal year or
(if the succeeding fiscal year is fiscal year
2007) remitted to the Treasury of the United
States.
(D) TECHNICAL ASSISTANCE AND EVALUA-
TIONS.—The Secretary shall reserve 0.7 percent
of the funds appropriated pursuant to sub-
section (j) for each fiscal year, to pay the costs
of providing technical assistance and conducting
evaluations under this section.
(4) ALLOTMENTS.—
(A) 
INITIAL
ALLOTMENT.—From 
the
amount available to carry out this section for a
fiscal year that remains after applying para-
graph (3) for the fiscal year (including any
amount available for allotment under this para-
graph for the fiscal year after applying para-
graph (3) for the preceding fiscal year), the
Secretary shall initially allot to each State not
described in paragraph (3) for a fiscal year an
amount that bears the same ratio to the re-
maining amount as the number of individuals
who reside in the State, have not attained 18
years of age, and are members of families
whose total income does not exceed the poverty
line (as defined in section 673(2) of the Omni-
bus Budget Reconciliation Act of 1981, includ-
ing any revision required by such section appli-
cable to a family of the size involved) for the
most recent fiscal year for which such informa-
tion is available bears to the total number of
such individuals of all States not described in
paragraph (3) that are eligible for a grant
under this section for such most recent fiscal
year.
(B) FINAL
ALLOTMENT.—The Secretary
shall reduce the amount initially allotted to
each State with an initial allotment under sub-
paragraph (A) of more than $300,000, on a pro
rata basis, to the extent necessary to ensure
that the amount finally allotted to each such
State is not less than $300,000.
(d) USE OF GRANT.—
(1) IN GENERAL.—A State to which a grant is
made under this section shall use the grant in ac-
cordance with the approved application for the
grant.
(2) AVAILABILITY OF FUNDS.—A State that re-
ceives funds under this section shall remit to the
Secretary any of such funds that remain unexpended
by the State at the end of the 2-year period that be-
gins with the date of the receipt.
(3) NO SUPPLANTATION.—A State to which a
grant is made under this section shall use the grant
to supplement and not supplant any Federal, State,
or local funds used for child welfare services or child
welfare training.
(e) MONITORING.—The Secretary shall monitor the
activities of grantees under this section to ensure compli-
ance with the requirements of this Act and any State plan
of the grantee under subpart 1 of part B of title IV of
the Social Security Act.
(f) TECHNICAL ASSISTANCE.—The Secretary may
provide technical assistance to any grantee to assist the
grantee in improving the quality of child welfare services,
including strategies to recruit, train, and retain high qual-
ity staff, and in complying with the requirements referred
to in subsection (e).
(g) ENFORCEMENT.—
(1) IN GENERAL.—If the Secretary determines
that, during a fiscal year, a grantee under this sec-
tion has not complied with a requirement of this
Act, the Secretary may—
(A) in the case of the 1st such determina-
tion of noncompliance, reduce by not less than
5 percent the amount of the grant otherwise
payable to the grantee under this section for
the fiscal year;
(B) in the case of the 2nd such determina-
tion of noncompliance, reduce by not less than
25 percent the amount of the grant otherwise
payable to the grantee under this section for
the fiscal year; and
(C) in the case of the 3rd or any subse-
quent such determination of noncompliance,
withhold the payment of a grant to the grantee
under this section for any succeeding fiscal
year, notwithstanding subsection (c).
(2) RECOVERY.—In the case of a determination
under paragraph (1) of grantee noncompliance, to
the extent that a penalty cannot be imposed under
paragraph (1), the Secretary shall require the grant-
ee to remit to the Secretary the amount of the pen-
alty not able to be so imposed.
(h) EVALUATION.—
(1) IN
GENERAL.—Not later September 30,
2004, the Secretary shall conduct an interim evalua-
tion to determine whether the grantees under this
section have improved the provision of child welfare
services beyond the level reflected in the baseline
data set forth in the applications submitted by the
grantees under this section.
(2) MATTERS TO BE ADDRESSED.—The evalua-
tion shall include information on whether there has
been a statewide improvement of status of child per-
manency, child welfare, and child safety of children
in the child welfare system.
(3) METHODS.—In conducting an evaluation of
a grantee under this subsection, the Secretary shall
use the same methods as were used in consideration
of the application submitted by the grantee under
this section.
(4) FINAL REPORT.—Not later than September
30, 2006, the Secretary shall submit to the Congress
a written report that contains the final evaluation of
the Secretary of the matters described in paragraph
(1) and (2), using the methods referred to in para-
graph (3), and that includes recommendations as to
whether, and if so how, the grant program under
this section should be developed into a fully funded
permanent grant program for which each State may
apply.
(i) REGULATIONS.—The Secretary shall prescribe
such regulations as may be necessary to carry out this
section, including regulations, developed in consultation
(5) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 1101(a)(1) of the So-
cial Security Act for purposes of title IV of such
Act, and includes an Indian tribe.
SEC. 5. LOAN FORGIVENESS FOR CHILD WELFARE WORK-
ERS.
(a) GUARANTEED STUDENT LOANS.—Part B of title
IV of the Higher Education Act of 1965 is amended by
inserting after section 428K (20 U.S.C. 1078–11) the fol-
lowing new section:
‘‘SEC. 428L. LOAN FORGIVENESS FOR CHILD WELFARE
WORKERS.
‘‘(a) PURPOSE.—It is the purpose of this section—
‘‘(1) to bring more highly trained individuals
into the child welfare profession; and
‘‘(2) to keep more highly trained child welfare
workers in the child welfare field for longer periods
of time.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) CHILD
WELFARE
SERVICES.—The term
‘child welfare services’ has the meaning given the
term in section 425 of the Social Security Act.
‘‘(2) DEGREE.—The term ‘degree’ means a
bachelor’s or graduate degree awarded by an institu-
tion of higher education.
‘‘(c) DEMONSTRATION PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary may carry
out a demonstration program of assuming the obli-
gation to repay, pursuant to subsection (d), a loan
made, insured, or guaranteed under this part or part
D (excluding loans made under sections 428B and
428C or comparable loans made under part D) for
any new borrower after the date of enactment of this
section, who—
‘‘(A) completes a degree in social work or
related field with a focus on serving children
and families (as determined in accordance with
regulations prescribed by the Secretary);
‘‘(B) obtains employment in public or pri-
vate child welfare services; and
‘‘(C) has worked full time for the 2 con-
secutive years preceding the year for which the
determination is made as a child welfare work-
er.
‘‘(2) AWARD BASIS; PRIORITY.—
‘‘(A) AWARD BASIS.—Subject to subpara-
graph (B), loan repayment under this section
shall be on a first-come, first-served basis and
subject to the availability of appropriations.
‘‘(B) PRIORITY.—The Secretary shall give
priority in providing loan repayment under this
section for a fiscal year to student borrowers
who received loan repayment under this section
for the preceding fiscal year.
‘‘(3) REGULATIONS.—The Secretary is author-
ized to prescribe such regulations as may be nec-
essary to carry out the provisions of this section.
‘‘(d) LOAN REPAYMENT.—
‘‘(1) IN GENERAL.—The Secretary shall assume
the obligation to repay—
‘‘(A) after the second consecutive year of
employment described in subparagraphs (B)
and (C) of subsection (c)(1), 20 percent of the
total amount of all loans made after date of en-
actment of the Higher Education Amendments
of 1998, to a student under this part or part
D;
‘‘(B) after the third consecutive year of
such employment, 20 percent of the total
amount of all such loans; and
‘‘(C) after each of the fourth and fifth con-
secutive years of such employment, 30 percent
of the total amount of all such loans.
‘‘(2) CONSTRUCTION.—Nothing in this section
shall be construed to authorize the refunding of any
repayment of a loan made under this part or part
D.
‘‘(3) INTEREST.—If a portion of a loan is re-
paid by the Secretary under this section for any
year, the proportionate amount of interest on such
loan which accrues for such year shall be repaid by
the Secretary.
‘‘(4) SPECIAL RULE.—In the case where a stu-
dent borrower who is not participating in loan repay-
ment pursuant to this section returns to an institu-
tion of higher education after graduation from an in-
stitution of higher education for the purpose of ob-
taining a degree described in subsection (c)(1)(A),
the Secretary is authorized to assume the obligation
to repay the total amount of loans made under this
part or part D incurred for a maximum of two aca-
demic years in returning to an institution of higher
education for the purpose of obtaining such a de-
gree. Such loans shall only be repaid for borrowers
who qualify for loan repayment pursuant to the pro-
visions of this section, and shall be repaid in accord-
ance with the provisions of paragraph (1).
‘‘(5) INELIGIBILITY
OF
NATIONAL
SERVICE
AWARD RECIPIENTS.—No student borrower may, for
the same service, receive a benefit under both this
section and subtitle D of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12601
et seq.).
‘‘(e) REPAYMENT TO ELIGIBLE LENDERS.—The Sec-
retary shall pay to each eligible lender or holder for each
fiscal year an amount equal to the aggregate amount of
loans which are subject to repayment pursuant to this sec-
tion for such year.
‘‘(f) APPLICATION FOR REPAYMENT.—
‘‘(1) IN GENERAL.—Each eligible individual de-
siring loan repayment under this section shall sub-
mit a complete and accurate application to the Sec-
retary at such time, in such manner, and containing
such information as the Secretary may require.
‘‘(2) CONDITIONS.—An eligible individual may
apply for loan repayment under this section after
completing each year of qualifying employment. The
borrower shall receive forbearance while engaged in
qualifying employment unless the borrower is in
deferment while so engaged.
‘‘(g) EVALUATION.—
‘‘(1) IN GENERAL.—The Secretary shall con-
duct, by grant or contract, an independent national
evaluation of the impact of the demonstration pro-
gram assisted under this section on the field of child
welfare services.
‘‘(2) COMPETITIVE BASIS.—The grant or con-
tract described in subsection (b) shall be awarded on
a competitive basis.
‘‘(3) CONTENTS.—The evaluation described in
this subsection shall determine—
‘‘(A) whether the program has increased
child welfare workers’ education in the areas
covered by loan forgiveness;
‘‘(B) whether the loan forgiveness program
has contributed to increased time on the job for
child welfare workers as measured by (i) the
length of time child welfare workers receiving
loan forgiveness have worked in the child wel-
fare field; and (ii) the length of time such work-
ers are continuing to work in such field after
they have met the requirements of the loan for-
giveness programs;
‘‘(C) whether the program has increased
the experience and the quality of child welfare
workers and has contributed to increased per-
formance in the outcomes of child welfare serv-
ices in terms of child well-being, permanency,
and safety, as determined after consultation
with the Secretary of Health and Human Serv-
ices.
‘‘(4) INTERIM
AND
FINAL
EVALUATION
RE-
PORTS.—The Secretary shall prepare and submit to
the President and the Congress such interim reports
regarding the evaluation described in this subsection
as the Secretary deems appropriate, and shall pre-
pare and so submit a final report regarding the eval-
uation by September 30, 2005.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$10,000,000 for fiscal year 2001, and such sums as may
be necessary for each of the 4 succeeding fiscal years.’’.
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