[105th Congress Public Law 89]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ89.105]
[[Page 111 STAT. 2115]]
Public Law 105-89
105th Congress
An Act
To promote the adoption of children in foster care. <<NOTE: Nov. 19,
1997 - [H.R. 867]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Adoption and
Safe Families Act of 1997.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 42 USC 1305 note.>> Short Title.--This Act may be cited
as the ``Adoption and Safe Families Act of 1997''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--REASONABLE EFFORTS AND SAFETY REQUIREMENTS FOR FOSTER CARE AND
ADOPTION PLACEMENTS
Sec. 101. Clarification of the reasonable efforts requirement.
Sec. 102. Including safety in case plan and case review system
requirements.
Sec. 103. States required to initiate or join proceedings to terminate
parental rights for certain children in foster care.
Sec. 104. Notice of reviews and hearings; opportunity to be heard.
Sec. 105. Use of the Federal Parent Locator Service for child welfare
services.
Sec. 106. Criminal records checks for prospective foster and adoptive
parents.
Sec. 107. Documentation of efforts for adoption or location of a
permanent home.
TITLE II--INCENTIVES FOR PROVIDING PERMANENT FAMILIES FOR CHILDREN
Sec. 201. Adoption incentive payments.
Sec. 202. Adoptions across State and county jurisdictions.
Sec. 203. Performance of States in protecting children.
TITLE III--ADDITIONAL IMPROVEMENTS AND REFORMS
Sec. 301. Authority to approve more child protection demonstration
projects.
Sec. 302. Permanency hearings.
Sec. 303. Kinship care.
Sec. 304. Clarification of eligible population for independent living
services.
Sec. 305. Reauthorization and expansion of family preservation and
support
services.
Sec. 306. Health insurance coverage for children with special needs.
Sec. 307. Continuation of eligibility for adoption assistance payments
on behalf of children with special needs whose initial
adoption has been dissolved.
Sec. 308. State standards to ensure quality services for children in
foster care.
TITLE IV--MISCELLANEOUS
Sec. 401. Preservation of reasonable parenting.
Sec. 402. Reporting requirements.
Sec. 403. Sense of Congress regarding standby guardianship.
Sec. 404. Temporary adjustment of Contingency Fund for State Welfare
Programs.
Sec. 405. Coordination of substance abuse and child protection services.
Sec. 406. Purchase of American-made equipment and products.
TITLE V--EFFECTIVE DATE
Sec. 501. Effective date.
[[Page 111 STAT. 2116]]
TITLE I--REASONABLE EFFORTS AND SAFETY REQUIREMENTS FOR FOSTER CARE AND
ADOPTION PLACEMENTS
SEC. 101. CLARIFICATION OF THE REASONABLE EFFORTS REQUIREMENT.
(a) In General.--Section 471(a)(15) of the Social Security Act (42
U.S.C. 671(a)(15)) is amended to read as follows:
``(15) provides that--
``(A) in determining reasonable efforts to be made
with respect to a child, as described in this paragraph,
and in making such reasonable efforts, the child's
health and safety shall be the paramount concern;
``(B) except as provided in subparagraph (D),
reasonable efforts shall be made to preserve and reunify
families--
``(i) prior to the placement of a child in
foster care, to prevent or eliminate the need for
removing the child from the child's home; and
``(ii) to make it possible for a child to
safely return to the child's home;
``(C) if continuation of reasonable efforts of the
type described in subparagraph (B) is determined to be
inconsistent with the permanency plan for the child,
reasonable efforts shall be made to place the child in a
timely manner in accordance with the permanency plan,
and to complete whatever steps are necessary to finalize
the permanent placement of the child;
``(D) reasonable efforts of the type described in
subparagraph (B) shall not be required to be made with
respect to a parent of a child if a court of competent
jurisdiction has determined that--
``(i) the parent has subjected the child to
aggravated circumstances (as defined in State law,
which definition may include but need not be
limited to abandonment, torture, chronic abuse,
and sexual abuse);
``(ii) the parent has--
``(I) committed murder (which would
have been an offense under section
1111(a) of title 18, United States Code,
if the offense had occurred in the
special maritime or territorial
jurisdiction of the United States) of
another child of the parent;
``(II) committed voluntary
manslaughter (which would have been an
offense under section 1112(a) of title
18, United States Code, if the offense
had occurred in the special maritime or
territorial jurisdiction of the United
States) of another child of the parent;
``(III) aided or abetted, attempted,
conspired, or solicited to commit such a
murder or such a voluntary manslaughter;
or
``(IV) committed a felony assault
that results in serious bodily injury to
the child or another child of the
parent; or
[[Page 111 STAT. 2117]]
``(iii) the parental rights of the parent to a
sibling have been terminated involuntarily;
``(E) if reasonable efforts of the type described in
subparagraph (B) are not made with respect to a child as
a result of a determination made by a court of competent
jurisdiction in accordance with subparagraph (D)--
``(i) a permanency hearing (as described in
section 475(5)(C)) shall be held for the child
within 30 days after the determination; and
``(ii) reasonable efforts shall be made to
place the child in a timely manner in accordance
with the permanency plan, and to complete whatever
steps are necessary to finalize the permanent
placement of the child; and
``(F) reasonable efforts to place a child for
adoption or with a legal guardian may be made
concurrently with reasonable efforts of the type
described in subparagraph (B);''.
(b) Definition of Legal Guardianship.--Section 475 of such Act (42
U.S.C. 675) is amended by adding at the end the following:
``(7) The term `legal guardianship' means a judicially
created relationship between child and caretaker which is
intended to be permanent and self-sustaining as evidenced by the
transfer to the caretaker of the following parental rights with
respect to the child: protection, education, care and control of
the person, custody of the person, and decisionmaking. The term
`legal guardian' means the caretaker in such a relationship.''.
(c) Conforming Amendment.--Section 472(a)(1) of such Act (42 U.S.C.
672(a)(1)) is amended by inserting ``for a child'' before ``have been
made''.
(d) Rule of Construction.--Part E of title IV of such Act (42 U.S.C.
670-679) is amended by inserting after section 477 the following:
``SEC. 478. <<NOTE: 42 USC 678.>> RULE OF CONSTRUCTION.
``Nothing in this part shall be construed as precluding State courts
from exercising their discretion to protect the health and safety of
children in individual cases, including cases other than those described
in section 471(a)(15)(D).''.
SEC. 102. INCLUDING SAFETY IN CASE PLAN AND CASE REVIEW
SYSTEM REQUIREMENTS.
Title IV of the Social Security Act (42 U.S.C. 601 et seq.) is
amended--
(1) in section 422(b)(10)(B) <<NOTE: 42 USC 622.>> --
(A) in clause (iii)(I), by inserting ``safe and''
after ``where''; and
(B) in clause (iv), by inserting ``safely'' after
``remain''; and
(2) in section 475 <<NOTE: 42 USC 675.>> --
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``safety
and'' after ``discussion of the''; and
(ii) in subparagraph (B)--
(I) by inserting ``safe and'' after
``child receives''; and
(II) by inserting ``safe'' after
``return of the child to his own''; and
[[Page 111 STAT. 2118]]
(B) in paragraph (5)--
(i) in subparagraph (A), in the matter
preceding clause (i), by inserting ``a safe
setting that is'' after ``placement in''; and
(ii) in subparagraph (B)--
(I) by inserting ``the safety of the
child,'' after ``determine''; and
(II) by inserting ``and safely
maintained in'' after ``returned to''.
SEC. 103. STATES REQUIRED TO INITIATE OR JOIN PROCEEDINGS TO TERMINATE
PARENTAL RIGHTS FOR CERTAIN CHILDREN IN FOSTER CARE.
(a) Requirement for Proceedings.--Section 475(5) of the Social
Security Act (42 U.S.C. 675(5)) is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) in the case of a child who has been in foster
care under the responsibility of the State for 15 of the
most recent 22 months, or, if a court of competent
jurisdiction has determined a child to be an abandoned
infant (as defined under State law) or has made a
determination that the parent has committed murder of
another child of the parent, committed voluntary
manslaughter of another child of the parent, aided or
abetted, attempted, conspired, or solicited to commit
such a murder or such a voluntary manslaughter, or
committed a felony assault that has resulted in serious
bodily injury to the child or to another child of the
parent, the State shall file a petition to terminate the
parental rights of the child's parents (or, if such a
petition has been filed by another party, seek to be
joined as a party to the petition), and, concurrently,
to identify, recruit, process, and approve a qualified
family for an adoption, unless--
``(i) at the option of the State, the child is
being cared for by a relative;
``(ii) a State agency has documented in the
case plan (which shall be available for court
review) a compelling reason for determining that
filing such a petition would not be in the best
interests of the child; or
``(iii) the State has not provided to the
family of the child, consistent with the time
period in the State case plan, such services as
the State deems necessary for the safe return of
the child to the child's home, if reasonable
efforts of the type described in section
471(a)(15)(B)(ii) are required to be made with
respect to the child.''.
(b) Determination of Beginning of Foster Care.--Section 475(5) of
the Social Security Act (42 U.S.C. 675(5)), as amended by subsection
(a), is amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(3) by adding at the end the following:
[[Page 111 STAT. 2119]]
``(F) a child shall be considered to have entered
foster care on the earlier of--
``(i) the date of the first judicial finding
that the child has been subjected to child abuse
or neglect; or
``(ii) the date that is 60 days after the date
on which the child is removed from the home.''.
(c) <<NOTE: 42 USC 675 note.>> Transition Rules.--
(1) New foster children.--In the case of a child who enters
foster care (within the meaning of section 475(5)(F) of the
Social Security Act) under the responsibility of a State after
the date of the enactment of this Act--
(A) if the State comes into compliance with the
amendments made by subsection (a) of this section before
the child has been in such foster care for 15 of the
most recent 22 months, the State shall comply with
section 475(5)(E) of the Social Security Act with
respect to the child when the child has been in such
foster care for 15 of the most recent 22 months; and
(B) if the State comes into such compliance after
the child has been in such foster care for 15 of the
most recent 22 months, the State shall comply with such
section 475(5)(E) with respect to the child not later
than 3 months after the end of the first regular session
of the State legislature that begins after such date of
enactment.
(2) Current foster children.--In the case of children in
foster care under the responsibility of the State on the date of
the enactment of this Act, the State shall--
(A) not later than 6 months after the end of the
first regular session of the State legislature that
begins after such date of enactment, comply with section
475(5)(E) of the Social Security Act with respect to not
less than \1/3\ of such children as the State shall
select, giving priority to children for whom the
permanency plan (within the meaning of part E of title
IV of the Social Security Act) is adoption and children
who have been in foster care for the greatest length of
time;
(B) not later than 12 months after the end of such
first regular session, comply with such section
475(5)(E) with respect to not less than \2/3\ of such
children as the State shall select; and
(C) not later than 18 months after the end of such
first regular session, comply with such section
475(5)(E) with respect to all of such children.
(3) Treatment of 2-year legislative sessions.--For purposes
of this subsection, in the case of a State that has a 2-year
legislative session, each year of the session is deemed to be a
separate regular session of the State legislature.
(4) Requirements treated as state plan requirements.--For
purposes of part E of title IV of the Social Security Act, the
requirements of this subsection shall be treated as State plan
requirements imposed by section 471(a) of such Act.
(d) <<NOTE: 42 USC 675 note.>> Rule of Construction.--Nothing in
this section or in part E of title IV of the Social Security Act (42
U.S.C. 670 et seq.), as amended by this Act, shall be construed as
precluding State courts or State agencies from initiating the
termination of
[[Page 111 STAT. 2120]]
parental rights for reasons other than, or for timelines earlier than,
those specified in part E of title IV of such Act, when such actions are
determined to be in the best interests of the child, including cases
where the child has experienced multiple foster care placements of
varying durations.
SEC. 104. NOTICE OF REVIEWS AND HEARINGS; OPPORTUNITY TO BE HEARD.
Section 475(5) of the Social Security Act (42 U.S.C. 675(5)), as
amended by section 103, is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting ``; and''; and
(3) by adding at the end the following:
``(G) the foster parents (if any) of a child and any
preadoptive parent or relative providing care for the
child are provided with notice of, and an opportunity to
be heard in, any review or hearing to be held with
respect to the child, except that this subparagraph
shall not be construed to require that any foster
parent, preadoptive parent, or relative providing care
for the child be made a party to such a review or
hearing solely on the basis of such notice and
opportunity to be heard.''.
SEC. 105. USE OF THE FEDERAL PARENT LOCATOR SERVICE FOR CHILD WELFARE
SERVICES.
Section 453 of the Social Security Act (42 U.S.C. 653) is
amended--
(1) in subsection (a)(2)--
(A) in the matter preceding subparagraph (A), by
inserting ``or making or enforcing child custody or
visitation orders,'' after ``obligations,''; and
(B) in subparagraph (A)--
(i) by striking ``or'' at the end of clause
(ii);
(ii) by striking the comma at the end of
clause (iii) and inserting ``; or''; and
(iii) by inserting after clause (iii) the
following:
``(iv) who has or may have parental rights
with respect to a child,''; and
(2) in subsection (c)--
(A) by striking the period at the end of paragraph
(3) and inserting ``; and''; and
(B) by adding at the end the following:
``(4) a State agency that is administering a program
operated under a State plan under subpart 1 of part B, or a
State plan approved under subpart 2 of part B or under part
E.''.
SEC. 106. CRIMINAL RECORDS CHECKS FOR PROSPECTIVE FOSTER AND ADOPTIVE
PARENTS.
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 (18);
(2) by striking the period at the end of paragraph (19) and
inserting ``; and''; and
(3) by adding at the end the following:
``(20)(A) unless an election provided for in subparagraph
(B) is made with respect to the State, provides procedures
[[Page 111 STAT. 2121]]
for criminal records checks for any prospective foster or
adoptive parent before the foster or adoptive parent may be
finally approved for placement of a child on whose behalf foster
care maintenance payments or adoption assistance payments are to
be made under the State plan under this part, including
procedures requiring that--
``(i) in any case in which a record check reveals a
felony conviction for child abuse or neglect, for
spousal abuse, for a crime against children (including
child pornography), or for a crime involving violence,
including rape, sexual assault, or homicide, but not
including other physical assault or battery, if a State
finds that a court of competent jurisdiction has
determined that the felony was committed at any time,
such final approval shall not be granted; and
``(ii) in any case in which a record check reveals a
felony conviction for physical assault, battery, or a
drug-related offense, if a State finds that a court of
competent jurisdiction has determined that the felony
was committed within the past 5 years, such final
approval shall not be granted; and
``(B) subparagraph (A) shall not apply to a State plan if
the Governor of the State has notified the Secretary in writing
that the State has elected to make subparagraph (A) inapplicable
to the State, or if the State legislature, by law, has elected
to make subparagraph (A) inapplicable to the State.''.
SEC. 107. DOCUMENTATION OF EFFORTS FOR ADOPTION OR LOCATION OF A
PERMANENT HOME.
Section 475(1) of the Social Security Act (42 U.S.C. 675(1)) is
amended--
(1) in the last sentence--
(A) by striking ``the case plan must also include'';
and
(B) by redesignating such sentence as subparagraph
(D) and indenting appropriately; and
(2) by adding at the end the following:
``(E) In the case of a child with respect to whom
the permanency plan is adoption or placement in another
permanent home, documentation of the steps the agency is
taking to find an adoptive family or other permanent
living arrangement for the child, to place the child
with an adoptive family, a fit and willing relative, a
legal guardian, or in another planned permanent living
arrangement, and to finalize the adoption or legal
guardianship. At a minimum, such documentation shall
include child specific recruitment efforts such as the
use of State, regional, and national adoption exchanges
including electronic exchange systems.''.
[[Page 111 STAT. 2122]]
TITLE II--INCENTIVES FOR PROVIDING PERMANENT FAMILIES FOR CHILDREN
SEC. 201. ADOPTION INCENTIVE PAYMENTS.
(a) In General.--Part E of title IV of the Social Security Act (42
U.S.C. 670-679) is amended by inserting after section 473 the following:
``SEC. 473A. <<NOTE: 42 USC 673b.>> ADOPTION INCENTIVE PAYMENTS.
``(a) Grant Authority.--Subject to the availability of such amounts
as may be provided in advance in appropriations Acts for this purpose,
the Secretary shall make a grant to each State that is an incentive-
eligible State for a fiscal year in an amount equal to the adoption
incentive payment payable to the State under this section for the fiscal
year, which shall be payable in the immediately succeeding fiscal year.
``(b) Incentive-Eligible State.--A State is an incentive-eligible
State for a fiscal year if--
``(1) the State has a plan approved under this part for the
fiscal year;
``(2) the number of foster child adoptions in the State
during the fiscal year exceeds the base number of foster child
adoptions for the State for the fiscal year;
``(3) the State is in compliance with subsection (c) for the
fiscal year;
``(4) in the case of fiscal years 2001 and 2002, the State
provides health insurance coverage to any child with special
needs (as determined under section 473(c)) for whom there is in
effect an adoption assistance agreement between a State and an
adoptive parent or parents; and
``(5) the fiscal year is any of fiscal years 1998 through
2002.
``(c) Data Requirements.--
``(1) In general.--A State is in compliance with this
subsection for a fiscal year if the State has provided to the
Secretary the data described in paragraph (2)--
``(A) for fiscal years 1995 through 1997 (or, if the
first fiscal year for which the State seeks a grant
under this section is after fiscal year 1998, the fiscal
year that
precedes such first fiscal year); and
``(B) for each succeeding fiscal year that precedes
the fiscal year.
``(2) Determination of numbers of adoptions.--
``(A) Determinations based on afcars data.--Except
as provided in subparagraph (B), the Secretary shall
determine the numbers of foster child adoptions and of
special needs adoptions in a State during each of fiscal
years 1995 through 2002, for purposes of this section,
on the basis of data meeting the requirements of the
system established pursuant to section 479, as reported
by the State and approved by the Secretary by August 1
of the succeeding fiscal year.
``(B) Alternative data sources permitted for fiscal
years 1995 through 1997.--For purposes of the
determination described in subparagraph (A) for fiscal
years 1995 through 1997, the Secretary may use data from
a source
[[Page 111 STAT. 2123]]
or sources other than that specified in subparagraph (A)
that the Secretary finds to be of equivalent
completeness and reliability, as reported by a State by
November 30, 1997, and approved by the Secretary by
March 1, 1998.
``(3) No waiver of afcars requirements.--This section shall
not be construed to alter or affect any requirement of section
479 or of any regulation prescribed under such section with
respect to reporting of data by States, or to waive any penalty
for failure to comply with such a requirement.
``(d) Adoption Incentive Payment.--
``(1) In general.--Except as provided in paragraph (2), the
adoption incentive payment payable to a State for a fiscal year
under this section shall be equal to the sum of--
``(A) $4,000, multiplied by the amount (if any) by
which the number of foster child adoptions in the State
during the fiscal year exceeds the base number of foster
child adoptions for the State for the fiscal year; and
``(B) $2,000, multiplied by the amount (if any) by
which the number of special needs adoptions in the State
during the fiscal year exceeds the base number of
special needs adoptions for the State for the fiscal
year.
``(2) Pro rata adjustment if insufficient funds available.--
For any fiscal year, if the total amount of adoption incentive
payments otherwise payable under this section for a fiscal year
exceeds the amount appropriated pursuant to subsection (h) for
the fiscal year, the amount of the adoption incentive payment
payable to each State under this section for the fiscal year
shall be--
``(A) the amount of the adoption incentive payment
that would otherwise be payable to the State under this
section for the fiscal year; multiplied by
``(B) the percentage represented by the amount so
appropriated for the fiscal year, divided by the total
amount of adoption incentive payments otherwise payable
under this section for the fiscal year.
``(e) 2-Year Availability of Incentive Payments.--Payments to a
State under this section in a fiscal year shall remain available for use
by the State through the end of the succeeding fiscal year.
``(f ) Limitations on Use of Incentive Payments.--A State shall not
expend an amount paid to the State under this section except to provide
to children or families any service (including post-adoption services)
that may be provided under part B or E. Amounts expended by a State in
accordance with the preceding sentence shall be disregarded in
determining State expenditures for purposes of Federal matching payments
under sections 423, 434, and 474.
``(g) Definitions.--As used in this section:
``(1) Foster child adoption.--The term `foster child
adoption' means the final adoption of a child who, at the time
of adoptive placement, was in foster care under the supervision
of the State.
``(2) Special needs adoption.--The term `special needs
adoption' means the final adoption of a child for whom an
adoption assistance agreement is in effect under section 473.
``(3) Base number of foster child adoptions.--The term `
base number of foster child adoptions for a State' means--
[[Page 111 STAT. 2124]]
``(A) with respect to fiscal year 1998, the average
number of foster child adoptions in the State in fiscal
years 1995, 1996, and 1997; and
``(B) with respect to any subsequent fiscal year,
the number of foster child adoptions in the State in the
fiscal year for which the number is the greatest in the
period that begins with fiscal year 1997 and ends with
the fiscal year preceding such subsequent fiscal year.
``(4) Base number of special needs adoptions.--The term `
base number of special needs adoptions for a State' means--
``(A) with respect to fiscal year 1998, the average
number of special needs adoptions in the State in fiscal
years 1995, 1996, and 1997; and
``(B) with respect to any subsequent fiscal year,
the number of special needs adoptions in the State in
the fiscal year for which the number is the greatest in
the period that begins with fiscal year 1997 and ends
with the fiscal year preceding such subsequent fiscal
year.
``(h) Limitations on Authorization of Appropriations.--
``(1) In general.--For grants under subsection (a), there
are authorized to be appropriated to the Secretary $20,000,000
for each of fiscal years 1999 through 2003.
``(2) Availability.--Amounts appropriated under paragraph
(1) are authorized to remain available until expended, but not
after fiscal year 2003.
``(i) Technical Assistance.--
``(1) In general.--The Secretary may, directly or through
grants or contracts, provide technical assistance to assist
States and local communities to reach their targets for
increased numbers of adoptions and, to the extent that adoption
is not possible, alternative permanent placements, for children
in foster care.
``(2) Description of the character of the technical
assistance.--The technical assistance provided under paragraph
(1) may support the goal of encouraging more adoptions out of
the foster care system, when adoptions promote the best
interests of children, and may include the following:
``(A) The development of best practice guidelines
for expediting termination of parental rights.
``(B) Models to encourage the use of concurrent
planning.
``(C) The development of specialized units and
expertise in moving children toward adoption as a
permanency goal.
``(D) The development of risk assessment tools to
facilitate early identification of the children who will
be at risk of harm if returned home.
``(E) Models to encourage the fast tracking of
children who have not attained 1 year of age into pre-
adoptive placements.
``(F) Development of programs that place children
into pre-adoptive families without waiting for
termination of parental rights.
``(3) Targeting of technical assistance to the courts.--Not
less than 50 percent of any amount appropriated pursuant to
paragraph (4) shall be used to provide technical assistance to
the courts.
[[Page 111 STAT. 2125]]
``(4) Limitations on authorization of appropriations.--To
carry out this subsection, there are authorized to be
appropriated to the Secretary of Health and Human Services not
to exceed $10,000,000 for each of fiscal years 1998 through
2000.''.
(b) Discretionary Cap Adjustment for Adoption Incentive Payments.--
(1) Section 251 amendment.--Section 251(b)(2) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 901(b)(2)), as amended by section 10203(a)(4) of the
Balanced Budget Act of 1997, <<NOTE: Ante, p. 698.>> is amended
by adding at the end the following new subparagraph:
``(G) Adoption incentive payments.--Whenever a bill
or joint resolution making appropriations for fiscal
year 1999, 2000, 2001, 2002, or 2003 is enacted that
specifies an amount for adoption incentive payments
pursuant to this part for the Department of Health and
Human
Services--
``(i) the adjustments for new budget authority
shall be the amounts of new budget authority
provided in that measure for adoption incentive
payments, but not to exceed $20,000,000; and
``(ii) the adjustment for outlays shall be the
additional outlays flowing from such amount.''.
(2) Section 314 amendment.--Section 314(b) of the
Congressional Budget Act of 1974, as amended by section
10114(a) <<NOTE: Ante, p. 688.>> of the Balanced Budget Act of
1997, is amended--
(A) by striking ``or'' at the end of paragraph (4);
(B) by striking the period at the end of paragraph
(5) and inserting ``; or''; and
(C) by adding at the end the following:
``(6) in the case of an amount for adoption incentive
payments (as defined in section 251(b)(2)(G) of the Balanced
Budget and Emergency Deficit Control Act of 1985) for fiscal
year 1999, 2000, 2001, 2002, or 2003 for the Department of
Health and Human Services, an amount not to exceed
$20,000,000.''.
SEC. 202. ADOPTIONS ACROSS STATE AND COUNTY JURISDICTIONS.
(a) State Plan for Child Welfare Services Requirement.--Section
422(b) of the Social Security Act (42 U.S.C. 622(b)) is amended--
(1) in paragraph (10), by striking ``and'' at the end;
(2) in paragraph (11), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(12) contain assurances that the State shall develop plans
for the effective use of cross-jurisdictional resources to
facilitate timely adoptive or permanent placements for waiting
children.''.
(b) Condition of Assistance.--Section 474 of such Act (42 U.S.C.
674) is amended by adding at the end the following:
``(e) Notwithstanding subsection (a), a State shall not be eligible
for any payment under this section if the Secretary finds that, after
the date of the enactment of this subsection, the State has--
``(1) denied or delayed the placement of a child for
adoption when an approved family is available outside of the
jurisdiction with responsibility for handling the case of the
child; or
[[Page 111 STAT. 2126]]
``(2) failed to grant an opportunity for a fair hearing, as
described in section 471(a)(12), to an individual whose
allegation of a violation of paragraph (1) of this subsection is
denied by the State or not acted upon by the State with
reasonable promptness.''.
(c) <<NOTE: 42 USC 5111 note.>> Study of Interjurisdictional
Adoption Issues.--
(1) In general.--The Comptroller General of the United
States shall--
(A) study and consider how to improve procedures and
policies to facilitate the timely and permanent
adoptions of children across State and county
jurisdictions; and
(B) examine, at a minimum, interjurisdictional
adoption issues--
(i) concerning the recruitment of prospective
adoptive families from other States and counties;
(ii) concerning the procedures to grant
reciprocity to prospective adoptive family home
studies from other States and counties;
(iii) arising from a review of the comity and
full faith and credit provided to adoption decrees
and
termination of parental rights orders from other
States; and
(iv) concerning the procedures related to the
administration and implementation of the
Interstate Compact on the Placement of Children.
(2) Report to the congress.--Not later than 1 year after the
date of the enactment of this Act, the Comptroller General shall
submit to the appropriate committees of the Congress a report
that includes--
(A) the results of the study conducted under
paragraph (1); and
(B) recommendations on how to improve procedures to
facilitate the interjurisdictional adoption of children,
including interstate and intercounty adoptions, so that
children will be assured timely and permanent
placements.
SEC. 203. PERFORMANCE OF STATES IN PROTECTING CHILDREN.
(a) Annual Report on State Performance.--Part E of title IV of the
Social Security Act (42 U.S.C. 670 et seq.) is amended by adding at the
end the following:
``SEC. 479A. <<NOTE: 42 USC 679b.>> ANNUAL REPORT.
``The Secretary, in consultation with Governors, State legislatures,
State and local public officials responsible for administering child
welfare programs, and child welfare advocates, shall--
``(1) develop a set of outcome measures (including length of
stay in foster care, number of foster care placements, and
number of adoptions) that can be used to assess the performance
of States in operating child protection and child welfare
programs pursuant to parts B and E to ensure the safety of
children;
``(2) to the maximum extent possible, the outcome measures
should be developed from data available from the Adoption and
Foster Care Analysis and Reporting System;
``(3) develop a system for rating the performance of States
with respect to the outcome measures, and provide to the States
an explanation of the rating system and how scores are
determined under the rating system;
[[Page 111 STAT. 2127]]
``(4) prescribe such regulations as may be necessary to
ensure that States provide to the Secretary the data necessary
to determine State performance with respect to each outcome
measure, as a condition of the State receiving funds under this
part; and
``(5) on May 1, 1999, and annually thereafter, prepare and
submit to the Congress a report on the performance of each State
on each outcome measure, which shall examine the reasons for
high performance and low performance and, where possible, make
recommendations as to how State performance could be
improved.''.
(b) <<NOTE: 42 USC 679b note.>> Development of Performance-Based
Incentive System.--The Secretary of Health and Human Services, in
consultation with State and local public officials responsible for
administering child welfare programs and child welfare advocates, shall
study, develop, and recommend to Congress an incentive system to provide
payments under parts B and E of title IV of the Social Security Act (42
U.S.C. 620 et seq., 670 et seq.) to any State based on the State's
performance under such a system. Such a system shall, to the extent the
Secretary determines feasible and appropriate, be based on the annual
report required by section 479A of the Social Security Act (as added by
subsection (a) of this section) or on any proposed modifications of the
annual report. Not later than 6 months after the date of the enactment
of this Act, the Secretary shall submit to the Committee on Ways and
Means of the House of Representatives and the Committee on Finance of
the Senate a progress report on the feasibility, timetable, and
consultation process for conducting such a study. Not later than 15
months after such date of enactment, the Secretary shall submit to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate the final report on a performance-
based incentive system. The report may include other recommendations for
restructuring the program and payments under parts B and E of title IV
of the Social Security Act.
TITLE III--ADDITIONAL IMPROVEMENTS AND REFORMS
SEC. 301. EXPANSION OF CHILD WELFARE DEMONSTRATION PROJECTS.
(a) In General.--Section 1130(a) of the Social Security Act (42
U.S.C. 1320a-9) is amended to read as follows:
``(a) Authority To Approve Demonstration Projects.--
``(1) In general.--The Secretary may authorize States to
conduct demonstration projects pursuant to this section which
the Secretary finds are likely to promote the objectives of part
B or E of title IV.
``(2) Limitation.--The Secretary may authorize not more than
10 demonstration projects under paragraph (1) in each of fiscal
years 1998 through 2002.
``(3) Certain types of proposals required to be
considered.--
``(A) If an appropriate application therefor is
submitted, the Secretary shall consider authorizing a
demonstration project which is designed to identify and
address barriers
[[Page 111 STAT. 2128]]
that result in delays to adoptive placements for
children in foster care.
``(B) If an appropriate application therefor is
submitted, the Secretary shall consider authorizing a
demonstration project which is designed to identify and
address parental substance abuse problems that endanger
children and result in the placement of children in
foster care, including through the placement of children
with their parents in residential treatment facilities
(including residential treatment facilities for post-
partum depression) that are specifically designed to
serve parents and children together in order to promote
family reunification and that can ensure the health and
safety of the children in such placements.
``(C) If an appropriate application therefor is
submitted, the Secretary shall consider authorizing a
demonstration project which is designed to address
kinship care.
``(4) Limitation on eligibility.--The Secretary may not
authorize a State to conduct a demonstration project under this
section if the State fails to provide health insurance coverage
to any child with special needs (as determined under section
473(c)) for whom there is in effect an adoption assistance
agreement between a State and an adoptive parent or parents.
``(5) Requirement to consider effect of project on terms and
conditions of certain court orders.--In considering an
application to conduct a demonstration project under this
section that has been submitted by a State in which there is in
effect a court order determining that the State's child welfare
program has failed to comply with the provisions of part B or E
of title IV, or with the Constitution of the United States, the
Secretary shall take into consideration the effect of approving
the proposed project on the terms and conditions of the court
order related to the failure to comply.''.
(b) <<NOTE: 42 USC 1320a-9 note.>> Rule of Construction.--Nothing
in the amendment made by subsection (a) shall be construed as affecting
the terms and conditions of any demonstration project approved under
section 1130 of the Social Security Act (42 U.S.C. 1320a-9) before the
date of the enactment of this Act.
(c) Authority To Extend Duration of Demonstrations.--Section 1130(d)
of such Act (42 U.S.C. 1320a-9(d)) is amended by inserting ``, unless in
the judgment of the Secretary, the demonstration project should be
allowed to continue'' before the period.
SEC. 302. PERMANENCY HEARINGS.
Section 475(5)(C) of the Social Security Act (42 U.S.C. 675(5)(C))
is amended--
(1) by striking ``dispositional'' and inserting
``permanency'';
(2) by striking ``eighteen'' and inserting ``12'';
(3) by striking ``original placement'' and inserting ``date
the child is considered to have entered foster care (as
determined under subparagraph (F))''; and
(4) by striking ``future status of '' and all that follows
through ``long term basis)'' and inserting ``permanency plan for
the child that includes whether, and if applicable when, the
child will be returned to the parent, placed for adoption and
the State will file a petition for termination of parental
rights, or referred for legal guardianship, or (in cases where
[[Page 111 STAT. 2129]]
the State agency has documented to the State court a compelling
reason for determining that it would not be in the best
interests of the child to return home, be referred for
termination of parental rights, or be placed for adoption, with
a fit and willing relative, or with a legal guardian) placed in
another planned permanent living arrangement''.
SEC. 303. <<NOTE: 42 USC 5113 note.>> KINSHIP CARE.
(a) Report.--
(1) In general.--The Secretary of Health and Human Services
shall--
(A) not later than June 1, 1998, convene the
advisory panel provided for in subsection (b)(1) and
prepare and submit to the advisory panel an initial
report on the extent to which children in foster care
are placed in the care of a relative (in this section
referred to as ``kinship care''); and
(B) not later than June 1, 1999, submit to the
Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the
Senate a final report on the matter described in
subparagraph (A), which shall--
(i) be based on the comments submitted by the
advisory panel pursuant to subsection (b)(2) and
other information and considerations; and
(ii) include the policy recommendations of the
Secretary with respect to the matter.
(2) Required contents.--Each report required by
paragraph (1) shall--
(A) include, to the extent available for each State,
information on--
(i) the policy of the State regarding kinship
care;
(ii) the characteristics of the kinship care
providers (including age, income, ethnicity, and
race, and the relationship of the kinship care
providers to the children);
(iii) the characteristics of the household of
such providers (such as number of other persons in
the household and family composition);
(iv) how much access to the child is afforded
to the parent from whom the child has been
removed;
(v) the cost of, and source of funds for,
kinship care (including any subsidies such as
medicaid and cash assistance);
(vi) the permanency plan for the child and the
actions being taken by the State to achieve the
plan;
(vii) the services being provided to the
parent from whom the child has been removed; and
(viii) the services being provided to the
kinship care provider; and
(B) specifically note the circumstances or
conditions under which children enter kinship care.
(b) Advisory Panel.--
(1) Establishment.--The Secretary of Health and Human
Services, in consultation with the Chairman of the Committee on
Ways and Means of the House of Representatives and the Chairman
of the Committee on Finance of the Senate, shall convene an
advisory panel which shall include parents, foster
[[Page 111 STAT. 2130]]
parents, relative caregivers, former foster children, State and
local public officials responsible for administering child
welfare programs, private persons involved in the delivery of
child welfare services, representatives of tribal governments
and tribal courts, judges, and academic experts.
(2) Duties.--The advisory panel convened pursuant to
paragraph (1) shall review the report prepared pursuant to
subsection (a), and, not later than October 1, 1998, submit to
the Secretary comments on the report.
SEC. 304. CLARIFICATION OF ELIGIBLE POPULATION FOR INDEPENDENT LIVING
SERVICES.
Section 477(a)(2)(A) of the Social Security Act (42 U.S.C.
677(a)(2)(A)) is amended by inserting ``(including children with respect
to whom such payments are no longer being made because the child has
accumulated assets, not to exceed $5,000, which are otherwise regarded
as resources for purposes of determining eligibility for benefits under
this part)'' before the comma.
SEC. 305. REAUTHORIZATION AND EXPANSION OF FAMILY PRESERVATION AND
SUPPORT SERVICES.
(a) Reauthorization of Family Preservation and Support Services.--
(1) In general.--Section 430(b) of the Social Security Act
(42 U.S.C. 629(b)) is amended--
(A) in paragraph (4), by striking ``or'' at the end;
(B) in paragraph (5), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(6) for fiscal year 1999, $275,000,000;
``(7) for fiscal year 2000, $295,000,000; and
``(8) for fiscal year 2001, $305,000,000.''.
(2) Continuation of reservation of certain amounts.--
Paragraphs (1) and (2) of section 430(d) of the Social Security
Act (42 U.S.C. 629(d)(1) and (2)) are each amended by striking
``and 1998'' and inserting ``1998, 1999, 2000, and 2001''.
(3) Conforming amendments.--Section 13712 of the Omnibus
Budget Reconciliation Act of 1993 (42 U.S.C. 670 note) is
amended--
(A) in subsection (c), by striking ``1998'' each
place it appears and inserting ``2001''; and
(B) in subsection (d)(2), by striking ``and 1998''
and inserting ``1998, 1999, 2000, and 2001''.
(b) Expansion for Time-Limited Family Reunification
Services and Adoption Promotion and Support Services.--
(1) Additions to state plan.--Section 432 of the Social
Security Act (42 U.S.C. 629b) is amended--
(A) in subsection (a)--
(i) in paragraph (4), by striking ``and
community-based family support services'' and
inserting ``, community-based family support
services, time-limited family reunification
services, and adoption promotion and support
services,''; and
(ii) in paragraph (5)(A), by striking ``and
community-based family support services'' and
inserting ``, community-based family support
services, time-limited family reunification
services, and adoption promotion and support
services''; and
[[Page 111 STAT. 2131]]
(B) in subsection (b)(1), by striking ``and family
support'' and inserting ``, family support, time-limited
family reunification, and adoption promotion and
support''.
(2) Definitions of time-limited family reunification
services and adoption promotion and support services.--Section
431(a) of the Social Security Act (42 U.S.C. 629a(a)) is amended
by adding at the end the following:
``(7) Time-limited family reunification services.--
``(A) In general.--The term `time-limited family
reunification services' means the services and
activities described in subparagraph (B) that are
provided to a child that is removed from the child's
home and placed in a foster family home or a child care
institution and to the parents or primary caregiver of
such a child, in order to facilitate the reunification
of the child safely and
appropriately within a timely fashion, but only during
the 15-month period that begins on the date that the
child, pursuant to section 475(5)(F), is considered to
have entered foster care.
``(B) Services and activities described.--The
services and activities described in this subparagraph
are the following:
``(i) Individual, group, and family
counseling.
``(ii) Inpatient, residential, or outpatient
substance abuse treatment services.
``(iii) Mental health services.
``(iv) Assistance to address domestic
violence.
``(v) Services designed to provide temporary
child care and therapeutic services for families,
including crisis nurseries.
``(vi) Transportation to or from any of the
services and activities described in this
subparagraph.
``(8) Adoption promotion and support services.--The term
`adoption promotion and support services' means services and
activities designed to encourage more adoptions out of the
foster care system, when adoptions promote the best interests of
children, including such activities as pre- and post-adoptive
services and activities designed to expedite the adoption
process and support adoptive families.''.
(3) Additional conforming amendments.--
(A) Purposes.--Section 430(a) of the Social Security
Act (42 U.S.C. 629(a)) is amended by striking ``and
community-based family support services'' and inserting
``, community-based family support services, time-
limited family reunification services, and adoption
promotion and support services''.
(B) Program title.--The heading of subpart 2 of part
B of title IV of the Social Security Act (42 U.S.C. 629
et seq.) is amended to read as follows:
``Subpart 2--Promoting Safe and Stable Families''.
(c) Emphasizing the Safety of the Child.--
(1) Requiring assurances that the safety of children shall
be of paramount concern.--Section 432(a) of the Social Security
Act (42 U.S.C. 629b(a)) is amended--
(A) by striking ``and'' at the end of paragraph (7);
[[Page 111 STAT. 2132]]
(B) by striking the period at the end of paragraph
(8); and
(C) by adding at the end the following:
``(9) contains assurances that in administering and
conducting service programs under the plan, the safety of the
children to be served shall be of paramount concern.''.
(2) Definitions of family preservation and family
support services.--Section 431(a) of the Social Security Act (42
U.S.C. 629a(a)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``safe
and'' before ``appropriate'' each place it
appears; and
(ii) in subparagraph (B), by inserting
``safely'' after ``remain''; and
(B) in paragraph (2)--
(i) by inserting ``safety and'' before ``well-
being ''; and
(ii) by striking ``stable'' and inserting
``safe, stable,''.
(d) Clarification of Maintenance of Effort Requirement.--
(1) Definition of non-federal funds.--Section 431(a) of the
Social Security Act (42 U.S.C. 629a(a)), as amended by
subsection (b)(2), is amended by adding at the end the
following:
``(9) Non-federal funds.--The term `non-Federal funds' means
State funds, or at the option of a State, State and local
funds.''.
(2) <<NOTE: 42 USC 629a note.>> Effective date.--The
amendment made by paragraph (1) takes effect as if included in
the enactment of section 13711 of the Omnibus Budget
Reconciliation Act of 1993 (Public Law 103-33; 107 Stat. 649).
SEC. 306. HEALTH INSURANCE COVERAGE FOR CHILDREN WITH
SPECIAL NEEDS.
Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as
amended by section 106, is amended--
(1) in paragraph (19), by striking ``and'' at the end;
(2) in paragraph (20), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(21) provides for health insurance coverage (including, at
State option, through the program under the State plan approved
under title XIX) for any child who has been determined to be a
child with special needs, for whom there is in effect an
adoption assistance agreement (other than an agreement under
this part) between the State and an adoptive parent or parents,
and who the State has determined cannot be placed with an
adoptive parent or parents without medical assistance because
such child has special needs for medical, mental health, or
rehabilitative care, and that with respect to the provision of
such health insurance coverage--
``(A) such coverage may be provided through 1 or
more State medical assistance programs;
``(B) the State, in providing such coverage, shall
ensure that the medical benefits, including mental
health benefits, provided are of the same type and kind
as those that would be provided for children by the
State under title XIX;
[[Page 111 STAT. 2133]]
``(C) in the event that the State provides such
coverage through a State medical assistance program
other than the program under title XIX, and the State
exceeds its funding for services under such other
program, any such child shall be deemed to be receiving
aid or assistance under the State plan under this part
for purposes of section 1902(a)(10)(A)(i)(I); and
``(D) in determining cost-sharing requirements, the
State shall take into consideration the circumstances of
the adopting parent or parents and the needs of the
child being adopted consistent, to the extent coverage
is provided through a State medical assistance program,
with the rules under such program.''.
SEC. 307. CONTINUATION OF ELIGIBILITY FOR ADOPTION ASSISTANCE PAYMENTS
ON BEHALF OF CHILDREN WITH SPECIAL NEEDS WHOSE INITIAL
ADOPTION HAS BEEN DISSOLVED.
(a) Continuation of Eligibility.--Section 473(a)(2) of the Social
Security Act (42 U.S.C. 673(a)(2)) is amended by adding at the end the
following: ``Any child who meets the requirements of subparagraph (C),
who was determined eligible for adoption assistance payments under this
part with respect to a prior adoption, who is available for adoption
because the prior adoption has been dissolved and the parental rights of
the adoptive parents have been terminated or because the child's
adoptive parents have died, and who fails to meet the requirements of
subparagraphs (A) and (B) but would meet such requirements if the child
were treated as if the child were in the same financial and other
circumstances the child was in the last time the child was determined
eligible for adoption assistance payments under this part and the prior
adoption were treated as never having occurred, shall be treated as
meeting the requirements of this paragraph for purposes of paragraph
(1)(B)(ii).''.
(b) <<NOTE: 42 USC 673 note.>> Applicability.--The amendment made
by subsection (a) shall only apply to children who are adopted on or
after October 1, 1997.
SEC. 308. STATE STANDARDS TO ENSURE QUALITY SERVICES FOR CHILDREN IN
FOSTER CARE.
Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as
amended by sections 106 and 306, is amended--
(1) in paragraph (20), by striking ``and'' at the end;
(2) in paragraph (21), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(22) provides that, not later than January 1, 1999, the
State shall develop and implement standards to ensure that
children in foster care placements in public or private agencies
are provided quality services that protect the safety and health
of the children.''.
TITLE IV--MISCELLANEOUS
SEC. 401. <<NOTE: 42 USC 671 note.>> PRESERVATION OF REASONABLE
PARENTING.
Nothing in this Act is intended to disrupt the family unnecessarily
or to intrude inappropriately into family life, to prohibit
[[Page 111 STAT. 2134]]
the use of reasonable methods of parental discipline, or to prescribe a
particular method of parenting.
SEC. 402. <<NOTE: 42 USC 671 note.>> REPORTING REQUIREMENTS.
Any information required to be reported under this Act shall be
supplied to the Secretary of Health and Human Services through data
meeting the requirements of the Adoption and Foster Care Analysis and
Reporting System established pursuant to section 479 of the Social
Security Act (42 U.S.C. 679), to the extent such data is available under
that system. The Secretary shall make such modifications to regulations
issued under section 479 of such Act with respect to the Adoption and
Foster Care Analysis and Reporting System as may be necessary to allow
States to obtain data that meets the requirements of such system in
order to satisfy the reporting requirements of this Act.
SEC. 403. SENSE OF CONGRESS REGARDING STANDBY GUARDIANSHIP.
It is the sense of Congress that the States should have in effect
laws and procedures that permit any parent who is chronically ill or
near death, without surrendering parental rights, to designate a standby
guardian for the parent's minor children, whose authority would take
effect upon--
(1) the death of the parent;
(2) the mental incapacity of the parent; or
(3) the physical debilitation and consent of the parent.
SEC. 404. TEMPORARY ADJUSTMENT OF CONTINGENCY FUND FOR STATE WELFARE
PROGRAMS.
(a) Reduction of Appropriation.--Section 403(b)(2) of the Social
Security Act (42 U.S.C. 603(b)(2)) is amended by inserting ``, reduced
by the sum of the dollar amounts specified in paragraph (6)(C)(ii)''
before the period.
(b) Increase in State Remittances.--Section 403(b)(6) of such Act
(42 U.S.C. 603(b)(6)) is amended by adding at the end the following:
``(C) Adjustment of state remittances.--
``(i) In general.--The amount otherwise
required by subparagraph (A) to be remitted by a
State for a fiscal year shall be increased by the
lesser of--
``(I) the total adjustment for the
fiscal year, multiplied by the
adjustment percentage for the State for
the fiscal year; or
``(II) the unadjusted net payment to
the State for the fiscal year.
``(ii) Total adjustment.--As used in clause
(i), the term `total adjustment' means--
``(I) in the case of fiscal year
1998, $2,000,000;
``(II) in the case of fiscal year
1999, $9,000,000;
``(III) in the case of fiscal year
2000, $16,000,000; and
``(IV) in the case of fiscal year
2001, $13,000,000.
``(iii) Adjustment percentage.--As used in
clause (i), the term `adjustment percentage'
means, with respect to a State and a fiscal year--
``(I) the unadjusted net payment to
the State for the fiscal year; divided
by
[[Page 111 STAT. 2135]]
``(II) the sum of the unadjusted net
payments to all States for the fiscal
year.
``(iv) Unadjusted net payment.--As used in
this subparagraph, the term, `unadjusted net
payment' means with respect to a State and a
fiscal year--
``(I) the total amount paid to the
State under paragraph (3) in the fiscal
year; minus
``(II) the amount that, in the
absence of this subparagraph, would be
required by subparagraph (A) or by
section 409(a)(10) to be remitted by the
State in respect of the payment.''.
(c) Recommendations for Improving the Operation of the Contingency
Fund.--Not later than March 1, 1998, the Secretary of Health and Human
Services shall make recommendations to the Congress for improving the
operation of the Contingency Fund for State Welfare Programs.
SEC. 405. <<NOTE: Reports. 42 USC 613 note.>> COORDINATION OF SUBSTANCE
ABUSE AND CHILD
PROTECTION SERVICES.
Within 1 year after the date of the enactment of this Act, the
Secretary of Health and Human Services, based on information from the
Substance Abuse and Mental Health Services Administration and the
Administration for Children and Families in the Department of Health of
Human Services, shall prepare and submit to the Committee on Ways and
Means of the House of Representatives and the Committee on Finance of
the Senate a report which describes the extent and scope of the problem
of substance abuse in the child welfare population, the types of
services provided to such population, and the outcomes resulting from
the provision of such services to such population. The report shall
include recommendations for any legislation that may be needed to
improve coordination in providing such services to such population.
SEC. 406. <<NOTE: 42 USC 671 note.>> PURCHASE OF AMERICAN-MADE
EQUIPMENT AND
PRODUCTS.
(a) In General.--It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products purchased with
funds made available under this Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
under this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
[[Page 111 STAT. 2136]]
TITLE V--EFFECTIVE DATE
SEC. 501. <<NOTE: 42 USC 622 note.>> EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this Act, the
amendments made by this Act take effect on the date of enactment of this
Act.
(b) Delay Permitted if State Legislation Required.--In the case of a
State plan under part B or E of title IV of the Social Security Act
which the Secretary of Health and Human Services determines requires
State legislation (other than legislation appropriating funds) in order
for the plan to meet the additional requirements imposed by the
amendments made by this Act, the State plan shall not be regarded as
failing to comply with the requirements of such part solely on the basis
of the failure of the plan to meet such additional requirements before
the first day of the first calendar quarter beginning after the close of
the first regular session of the State legislature that begins after the
date of enactment of this Act. For purposes of the previous sentence, in
the case of a State that has a 2-year legislative session, each year of
such session shall be deemed to be a separate regular session of the
State legislature.
Approved November 19, 1997.
LEGISLATIVE HISTORY--H.R. 867:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 105-77 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 143 (1997):
Apr. 30, considered and passed House.
Nov. 8, considered and passed Senate, amended.
Nov. 13, House concurred in Senate amendment with an
amendment. Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997):
Nov. 19, Presidential remarks.
<all>