[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2127 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2127

    To amend title IV of the Social Security Act to establish a new 
  comprehensive child welfare services program under part E, to make 
  other amendments to the programs under parts B and E, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 13, 1993

 Mr. Weldon (for himself and Mr. Andrews of New Jersey) introduced the 
 following bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
    To amend title IV of the Social Security Act to establish a new 
  comprehensive child welfare services program under part E, to make 
  other amendments to the programs under parts B and E, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Comprehensive Child Welfare Services 
Reform Act of 1993''.

SEC. 2. ESTABLISHMENT OF COMPREHENSIVE CHILD WELFARE SERVICES PROGRAM.

    (a) In General.--Title IV of the Social Security Act (42 U.S.C. 601 
et seq.) is amended--
            (1) in part F, by redesignating sections 481 through 487 
        (42 U.S.C. 681-687) as sections 491 through 497, respectively;
            (2) by striking the heading for part E and inserting the 
        following:

  ``PART E--FOSTER CARE, ADOPTION ASSISTANCE, AND COMPREHENSIVE CHILD 
                           WELFARE SERVICES.

          ``Subpart 1--Foster Care and Adoption Assistance'';

            (3) in section 474(a) (42 U.S.C. 674(a)), by striking 
        paragraph (3), and redesignating paragraph (4) as paragraph 
        (3); and
            (4) by adding at the end of part E the following:

           ``Subpart 2--Comprehensive Child Welfare Services

``SEC. 480. PURPOSE; APPROPRIATION.

    ``For the purposes of assisting each State to meet the needs of 
children (including children ineligible for assistance under the 
programs under subpart 1) for comprehensive child welfare services, and 
enabling each State to administer its programs under subpart 1, there 
are authorized to be appropriated--
            ``(1) $1,328,000,000 for fiscal year 1994;
            ``(2) $1,449,000,000 for fiscal year 1995;
            ``(3) $1,585,000,000 for fiscal year 1996;
            ``(4) $1,734,000,000 for fiscal year 1997; and
            ``(5) $1,892,000,000 for fiscal year 1998.

``SEC. 481. RESERVATION OF FUNDS FOR SECRETARY; ALLOTMENTS TO STATES; 
              REALLOTMENTS.

    ``(a) Reservation of Funds.--1 percent of the amount appropriated 
pursuant to section 480 for each fiscal year shall be reserved to the 
Secretary for expenditure in accordance with section 484.
    ``(b) Allotments.--The allotment for each State for each of fiscal 
years 1994 through 1998 shall be an amount which bears the same ratio 
to 99 percent of the amount authorized to be appropriated under section 
480 for the fiscal year as the total payment to which the State is 
entitled under section 474(a)(3) for fiscal year 1992 bears to the 
total amount to which all States are entitled under such section for 
the fiscal year (as determined on the basis of claims submitted by the 
State and received by the Secretary on or before March 31, 1993, and 
found by the Secretary to be allowable on or before July 31, 1993).
    ``(c) Reallotment.--The amount of any allotment to a State under 
subsection (b) for any fiscal year which the State certifies to the 
Secretary will not be used by the State to carry out the State plan 
under section 482 shall be available for reallotment from time to time, 
on such dates as the Secretary may fix, to other States which the 
Secretary determines will be able to use such excess amounts during 
such fiscal year, in addition to amounts already allotted or reallotted 
to such other States, under the State plans under such section. The 
amount reallotted to each State eligible for reallotted funds shall 
bear the same ratio to the amount available for reallotment as the 
State's allotment under subsection (b) bears to the total amount 
allotted to all States so eligible.

``SEC. 482. STATE PLAN FOR COMPREHENSIVE CHILD WELFARE SERVICES.

    ``In order to be eligible for payments under this subpart for a 
fiscal year, a State shall publish in the State and furnish to the 
Secretary a plan of the State for expenditure of funds under this 
subpart. The plan shall provide that--
            ``(1) expenditures will be made under the plan only for--
                    ``(A) provision of child welfare services (as 
                defined in section 425) in accordance with section 
                422(b), other than foster care maintenance payments and 
                adoption assistance payments, but including 
                nonrecurring adoption expenses (as defined in section 
                473(a)(6)); and
                    ``(B) administration of the programs of the State 
                under subpart 1 (including training of current or 
                prospective State or local agency personnel, and of 
                foster care and adoptive parents, related to 
                administration of such program); and
            ``(2) the State share of expenditures under this subpart 
        shall be an amount not less than the amount of the State share 
        of expenditures for which payment was made under section 
        474(a)(3) for fiscal year 1993.

``SEC. 483. PAYMENTS TO STATES.

    ``Each State shall be entitled to a payment for each fiscal year in 
an amount equal to the lesser of--
            ``(1) the allotment of the State under this subpart for the 
        fiscal year; or
            ``(2) 75 percent of amounts (other than amounts for which 
        the State receives payment under part B) expended in the fiscal 
        year in accordance with the State plan under section 482.

``SEC. 484. SECRETARY'S DISCRETIONARY ACTIVITIES.

    ``The Secretary shall use the amounts reserved under section 481(a) 
to provide, through grants to or contracts with public or private 
entities, for--
            ``(1) technical assistance and training for State and local 
        public and private agencies to enable them to improve their 
        administration of the program under subpart 1, including--
                    ``(A) States or cities with large numbers of 
                children at risk of foster care placement, or with 
                substantial deficiencies in program operation; and
                    ``(B) State agencies in greatest need of assistance 
                in meeting the requirements of section 479 or other 
                Federal data collection requirements;
            ``(2) evaluation of State programs under this part and part 
        B; and
            ``(3) demonstrations designed to--
                    ``(A) develop or identify more effective programs 
                to support and strengthen families;
                    ``(B) improve child protective, foster care, and 
                adoption assistance services; and
                    ``(C) reduce burdens on caseworkers.''.
    (b) Coordination With Other Programs Providing Services to Children 
and Families.--Section 422(b)(2) of such Act (42 U.S.C. 622(b)(2)) is 
amended by striking ``under part E'' and inserting ``under subpart 1, 
and the State plan published under subpart 2, of part E''.
    (c) Elimination of Conditional Part E of Title IV Ceiling and 
Authority to Transfer Funds to Part B of Title IV.--Section 474 of such 
Act (42 U.S.C. 674) is amended--
            (1) by striking subsections (b) and (c), and redesignating 
        subsection (d) as subsection (b); and
            (2) in subsection (b), as so redesignated--
                    (A) by striking ``subsections (a), (b), and (c)'' 
                and inserting ``subsection (a)'';
                    (B) by striking ``such estimates'' and inserting 
                ``such estimate''; and
                    (C) by striking ``such subsections'' and inserting 
                ``such subsection''.
    (d) Conforming Amendments.--(1) Part E of title IV of such Act (42 
U.S.C. 470-479) is amended by striking ``this part'' each place such 
term appears and inserting ``this subpart''.
    (2) Section 403(a)(3)(D) of such Act (42 U.S.C. 603(a)(3)(D)) is 
amended by striking ``486(a)'' and inserting ``496(a)''.
    (3) Section 403(l)(1)(A) of such Act (42 U.S.C. 603(l)(1)(A)) is 
amended--
            (A) by striking ``482(a)'' and inserting ``492(a)''; and
            (B) by striking ``482(i)(2)'' and inserting ``492(i)(2)''.
    (4) Section 403(l)(4)(A)(i) of such Act (42 U.S.C. 603(l)(4)(A)(i)) 
is amended by striking ``482(d)(1)'' and inserting ``492(d)(1)''.
    (5) Section 403(l)(4)(A)(ii) of such Act (42 U.S.C. 
603(l)(4)(A)(ii)) by striking ``482'' and inserting ``492''.
    (6) Section 473(a)(6) of such Act (42 U.S.C. 673(a)(6)) is 
amended--
            (A) by striking ``(6)(A)'' and inserting ``(6)''; and
            (B) by striking subparagraph (B).
    (7) Section 477(e)(3) of such Act (42 U.S.C. 677(e)(3)) is amended 
by striking ``(a)(1), (a)(2), and (a)(3)'' and inserting ``(a)(1) and 
(a)(2)''.
    (8) Section 492(e)(2)(B) of such Act, as so redesignated by 
subsection (a) of this section, is amended by striking ``484'' and 
inserting ``494''.
    (9) Section 492(f) of such Act, as so redesignated by subsection 
(a) of this section, is amended by striking ``section 482(a)(1)'' and 
inserting ``subsection (a)(1)''.
    (10) Section 493(a)(1) of such Act, as so redesignated by 
subsection (a) of this section, is amended by striking ``482(a)(1)'' 
and inserting ``492(a)(1)''.
    (11) Section 494(c) of such Act, as so redesignated by subsection 
(a) of this section, is amended by striking ``482(e)'' and inserting 
``492(e)''.
    (12) Section 494(d)(2) of such Act, as so redesignated by 
subsection (a) of this section, is amended by striking ``482(f)'' and 
inserting ``492(f)''.
    (13) Section 495(c) of such Act, as so redesignated by subsection 
(a) of this section, is amended by striking ``482(a)(1)'' and inserting 
``492(a)(1)''.
    (14) Section 497(a)(1) of such Act, as so redesignated by 
subsection (a) of this section, is amended by striking ``486'' and 
inserting ``496''.
    (15) Section 1902(a)(10)(A)(i)(I) of such Act (42 U.S.C. 
1396a(a)(10)(A)(i)(I)) is amended by striking ``482(e)(6)'' and 
inserting ``492(e)(6)''.
    (16) Section 1928(a)(1)(D) of such Act (42 U.S.C. 1396s(a)(1)(D)) 
is amended by striking ``482(e)(6)'' and inserting ``492(e)(6)''.
    (17) Any other reference in law or regulation, as of the effective 
date of this Act, to section 481, 482, 483, 484, 485, 486, or 487 of 
the Social Security Act shall be considered to be a reference to 
section 491, 492, 493, 494, 495, 496, or 497 of such Act, respectively.

SEC. 3. SECTION 1115 DEMONSTRATION WAIVERS.

    Section 1115(a) of the Social Security Act (42 U.S.C. 1315(a)) is 
amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``part A or D'' and inserting ``part A, B, D, or E'';
            (2) in paragraph (1), by striking ``454,'' and inserting 
        ``422, 454, 471, 472, 473,''; and
            (3) in paragraph (2), by striking ``455,'' and inserting 
        ``423, 455, 474,''.

SEC. 4. RECOVERY OF TRAINING COSTS.

    (a) Under Part E of Title IV.--Section 471(a) of the Social 
Security Act (42 U.S.C. 671(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (16);
            (2) by striking the period at the end of paragraph (17) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(18) provide that the State agency--
                    ``(A) will require each individual who receives, at 
                an institution of higher education, education or 
                training in child welfare or a related field supported 
                by funds from the State agency under this part or part 
                B to enter into a written agreement either--
                            ``(i) to work, after the completion of such 
                        education or training, for the State agency or 
                        another public child welfare agency, or for a 
                        private child welfare agency operating under a 
                        contract with a public child welfare agency, 
                        for a period not less in duration than the 
                        period of such education or training; or
                            ``(ii) to repay to the State agency the 
                        full amount expended by it for such education 
                        or training for the individual;
                    ``(B) will enforce compliance with such agreements; 
                and
                    ``(C) will repay to the Secretary the Federal share 
                of amounts recovered in accordance with this 
                requirement, to the extent that such amounts exceed 
                amounts necessary to reimburse the State agency for 
                costs reasonably incurred to obtain recovery.''.
    (b) Under Section 426.--Section 426 of such Act (42 U.S.C. 626) is 
amended--
            (1) in subsection (a)(1)(C), by inserting ``subject to 
        subsection (d),'' after ``(c)''; and
            (2) by adding at the end the following:
    ``(d) As a condition of eligibility for grants under subsection 
(a)(1)(C), a public or other nonprofit institution of higher learning 
shall undertake--
            ``(1) to require each individual who receives education or 
        training in child welfare or a related field supported by a 
        stipend or other financial assistance under this section to 
        enter into a written agreement either--
                    ``(A) to work, after the completion of such 
                education or training, for a public child welfare 
                agency, or for a private child welfare agency operating 
                under a contract with a public child welfare agency, 
                for a period not less in duration than the period of 
                such education or training, or
                    ``(B) to repay to the institution the full amount 
                of such stipend or other assistance;
            ``(2) to enforce compliance with such agreements; and
            ``(3) to repay to the Secretary amounts recovered in 
        accordance with this requirement, to the extent that such 
        amounts exceed amounts necessary to reimburse the institution 
        for costs reasonably incurred to obtain recovery.''.

SEC. 5. EXTENSION OF THE INDEPENDENT LIVING PROGRAM.

    Section 477 of the Social Security Act (42 U.S.C. 677) is amended--
            (1) in subsection (a)(1), by striking the last sentence;
            (2) in subsection (c), by striking ``In the case of'' and 
        all that follows through ``1992, such'' and inserting ``Such'';
            (3) in subsection (e)(1)(A), by striking ``of the fiscal 
        years 1987 through 1992'' and inserting ``fiscal year'';
            (4) in subsection (e)(1)(B), by striking ``fiscal years 
        1991 and 1992'' and inserting ``each fiscal year'';
            (5) by amending subsection (e)(1)(C) to read as follows:
                    ``(C) As used in this section:
                            ``(i) The term `basic ceiling' means 
                        $45,000,000.
                            ``(ii) The term `additional ceiling' means 
                        $25,000,000.'';
            (6) in subsection (f), by striking the last sentence; and
            (7) in subsection (g)--
                    (A) by striking ``(g)(1)'' and inserting ``(g)''; 
                and
                    (B) by striking paragraphs (2) and (3).

SEC. 6. ACCUMULATION OF ASSETS BY OLDER CHILDREN RECEIVING FOSTER CARE 
              MAINTENANCE PAYMENTS.

    Section 472 of the Social Security Act (42 U.S.C. 672) is amended 
by adding at the end the following:
    ``(i) In determining the eligibility of an individual who has 
attained age 16 for foster care maintenance payments under this 
subpart, the State agency shall disregard from the resources of the 
individual an amount of funds not exceeding an amount the agency 
determines to be reasonable for the purpose of achieving self-
sufficiency.''.

SEC. 7. REPEAL OF ANNUAL REPORT ON VOLUNTARY PLACEMENT.

    Section 102(e) of the Adoption Assistance and Child Welfare Act of 
1980 (Public Law 96-272; 42 U.S.C. 672 note) is repealed.

SEC. 8. EFFECTIVE DATE.

    The amendments made by this Act shall become effective with respect 
to fiscal years beginning on or after October 1, 1993.

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