[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1371 Introduced in House (IH)]







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 Missouri, 
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 referred to the 
   Committee on Ways and Means, and in addition to the Committee on 
Education and the Workforce, for a period to be subsequently 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 authorize the forgiveness of loans made 
         to certain students who become child welfare workers.

    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 ``Child Protection Services 
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 residential programs.
            (5) The child welfare ``workforce crisis'' has developed as 
        the result of the following 3 major factors:
                    (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 decreasing numbers of 
                workers in the employment pool.
                    (C) The relatively low pay and difficult working 
                conditions that exist in many child welfare 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 agencies.
            (8) The child welfare workforce crisis is real and is 
        already compromising the ability of the child welfare system to 
        effectively provide essential services 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 ``Secretary''), 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 increasing 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 Secretary 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 
                described 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 describe 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 welfare services or the 
                improvement of the services.
            (2) Ways to improve working conditions.--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 supervisory and 
                nonsupervisory staff working on strengthening and 
                preserving families and improving child well-being, 
                permanency, and safety.
                    (C) Reduce the turnover rate for supervisory 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 Secretary 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 agencies 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 
                agencies, 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 services 
                        for abused or neglected children and their 
                        families;
                            (ii) for caseworkers who provide services 
                        to strengthen and preserve families with 
                        children;
                            (iii) for caseworkers who provide adoption 
                        services; and
                            (iv) for caseworkers who provide family 
                        foster care services.
                    (C) The total number of vacancies in supervisory 
                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 nonsupervisory 
                child welfare workers.
                    (F) The total number and percentage of supervisory 
                child welfare workers and of nonsupervisory child 
                welfare workers who have received 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 responsible.
                    (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 welfare 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 prevention and treatment) needed to 
                create a stable 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 amendment to the application of the 
        State under this subsection. On approval of such an amendment, 
        the application shall be considered to include the amendment.
    (c) Grants.--
            (1) In general.--On certification by the Secretary 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 application, 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 reserved 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 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.
                    (B) Other territories.--The Secretary shall reserve 
                0.3 percent of the funds appropriated pursuant to 
                subsection (j) for each fiscal year, for grants among 
                the United States Virgin Islands, Guam, American Samoa, 
and the Commonwealth of the Northern Mariana Islands 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 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.
                    (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 section 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 evaluations.--The 
                Secretary shall reserve 0.7 percent of the funds 
                appropriated pursuant to subsection (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 paragraph (3) for the fiscal 
                year (including any amount available for allotment 
                under this paragraph for the fiscal year after applying 
                paragraph (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 remaining 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 Omnibus 
                Budget Reconciliation Act of 1981, including any 
                revision required by such section applicable to a 
                family of the size involved) for the most recent fiscal 
                year for which such information 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 subparagraph (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 accordance with the 
        approved application for the grant.
            (2) Availability of funds.--A State that receives 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 begins 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 compliance 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 quality 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 section has not complied with 
        a requirement of this Act, the Secretary may--
                    (A) in the case of the 1st such determination 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 determination 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 subsequent 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 grantee to remit to the Secretary the amount 
        of the penalty not able to be so imposed.
    (h) Evaluation.--
            (1) In general.--Not later September 30, 2004, the 
        Secretary shall conduct an interim evaluation 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 evaluation shall include 
        information on whether there has been a statewide improvement 
        of status of child permanency, 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 paragraph (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 with the States, governing how to obtain the 
baseline data described in subsection (b)(3).
    (j) Limitations on Authorization of Appropriations.--To carry out 
this section, there are authorized to be appropriated to the Secretary 
not more than $100,000,000 for each of fiscal years 2002 through 2006.
    (k) 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) Child welfare agency.--The term ``child welfare 
        agency'' means the State agency responsible for administering 
        subpart 1 of part B of title IV of the Social Security Act and 
        any public or private agency under contract with the State 
        agency to provide child welfare services.
            (3) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act.
            (4) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965.
            (5) State.--The term ``State'' has the meaning given the 
        term in section 1101(a)(1) of the Social Security Act for 
        purposes of title IV of such Act, and includes an Indian tribe.

SEC. 5. LOAN FORGIVENESS FOR CHILD WELFARE WORKERS.

    (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 following 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 institution of higher education.
    ``(c) Demonstration Program.--
            ``(1) In general.--The Secretary may carry out a 
        demonstration program of assuming the obligation 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 private child 
                welfare services; and
                    ``(C) has worked full time for the 2 consecutive 
                years preceding the year for which the determination is 
                made as a child welfare worker.
            ``(2) Award basis; priority.--
                    ``(A) Award basis.--Subject to subparagraph (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 authorized to 
        prescribe such regulations as may be necessary 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 enactment 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 
                consecutive 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 repaid 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 student borrower 
        who is not participating in loan repayment pursuant to this 
        section returns to an institution of higher education after 
        graduation from an institution of higher education for the 
        purpose of obtaining 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 academic years in returning to 
        an institution of higher education for the purpose of obtaining 
        such a degree. Such loans shall only be repaid for borrowers 
        who qualify for loan repayment pursuant to the provisions of 
        this section, and shall be repaid in accordance 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 Secretary 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 section for such year.
    ``(f) Application for Repayment.--
            ``(1) In general.--Each eligible individual desiring loan 
        repayment under this section shall submit a complete and 
        accurate application to the Secretary 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 conduct, by grant or 
        contract, an independent national evaluation of the impact of 
        the demonstration program assisted under this section on the 
        field of child welfare services.
            ``(2) Competitive basis.--The grant or contract 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 welfare field; and (ii) the length 
                of time such workers are continuing to work in such 
                field after they have met the requirements of the loan 
                forgiveness programs;
                    ``(C) whether the program has increased the 
                experience and the quality of child welfare workers and 
                has contributed to increased performance in the 
                outcomes of child welfare services in terms of child 
                well-being, permanency, and safety, as determined after 
                consultation with the Secretary of Health and Human 
                Services.
            ``(4) Interim and final evaluation reports.--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 
        prepare and so submit a final report regarding the evaluation 
        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.''.
                                 <all>