
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-133 Section 107(a)-(d)]
[Document affected by Public Law 107-133 Section 107(e)]
[Document affected by Public Law 106-314]
[CITE: 42USC670]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
 SUBCHAPTER IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES 
              WITH CHILDREN AND FOR CHILD-WELFARE SERVICES
 
    Part E--Federal Payments for Foster Care and Adoption Assistance
 
Sec. 670. Congressional declaration of purpose; authorization of 
        appropriations
        
    For the purpose of enabling each State to provide, in appropriate 
cases, foster care and transitional independent living programs for 
children who otherwise would have been eligible for assistance under the 
State's plan approved under part A of this subchapter (as such plan was 
in effect on June 1, 1995) and adoption assistance for children with 
special needs, there are authorized to be appropriated for each fiscal 
year (commencing with the fiscal year which begins October 1, 1980) such 
sums as may be necessary to carry out the provisions of this part. The 
sums made available under this section shall be used for making payments 
to States which have submitted, and had approved by the Secretary, State 
plans under this part.

(Aug. 14, 1935, ch. 531, title IV, Sec. 470, as added Pub. L. 96-272, 
title I, Sec. 101(a)(1), June 17, 1980, 94 Stat. 501; amended Pub. L. 
99-272, title XII, Sec. 12307(d), Apr. 7, 1986, 100 Stat. 297; Pub. L. 
99-514, title XVII, Sec. 1711(c)(1), Oct. 22, 1986, 100 Stat. 2784; Pub. 
L. 104-193, title I, Sec. 108(d)(1), Aug. 22, 1996, 110 Stat. 2166.)

                       References in Text

    Part A of this subchapter, referred to in text, is classified to 
section 601 et seq. of this title.


                               Amendments

    1996--Pub. L. 104-193 substituted ``would have been eligible'' for 
``would be eligible'' and inserted ``(as such plan was in effect on June 
1, 1995)'' after ``part A of this subchapter''.
    1986--Pub. L. 99-514 substituted ``foster care and transitional 
independent living programs for children who otherwise would be eligible 
for assistance under the State's plan approved under part A of this 
subchapter and adoption assistance for children with special needs'' for 
``foster care, adoption assistance, and transitional independent living 
programs for children who otherwise would be eligible for assistance 
under the State's plan approved under part A of this subchapter (or, in 
the case of adoption assistance, would be eligible for benefits under 
subchapter XVI of this chapter)''.
    Pub. L. 99-272 substituted ``foster care, adoption assistance, and 
transitional independent living programs'' for ``foster care and 
adoption assistance''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-193 effective July 1, 1997, with transition 
rules relating to State options to accelerate such date, rules relating 
to claims, actions, and proceedings commenced before such date, rules 
relating to closing out of accounts for terminated or substantially 
modified programs and continuance in office of Assistant Secretary for 
Family Support, and provisions relating to termination of entitlement 
under AFDC program, see section 116 of Pub. L. 104-193, as amended, set 
out as an Effective Date note under section 601 of this title.


                    Effective Date of 1986 Amendment

    Section 1711(d) of Pub. L. 99-514 provided that: ``The amendments 
made by this section [amending this section and sections 671, 673, and 
675 of this title] shall apply only with respect to expenditures made 
after December 31, 1986.''


 Entitlement Funding for State Courts To Assess and Improve Handling of 
            Proceedings Relating to Foster Care and Adoption

    Pub. L. 103-66, title XIII, Sec. 13712, Aug. 10, 1993, 107 Stat. 
655, as amended by Pub. L. 105-89, title III, Sec. 305(a)(3), Nov. 19, 
1997, 111 Stat. 2130, provided that:
    ``(a) In General.--The Secretary shall make grants, in accordance 
with this section, to the highest State courts in States participating 
in the program under part E of title IV of the Social Security Act [this 
part], for the purpose of enabling such courts--
        ``(1) to conduct assessments, in accordance with such 
    requirements as the Secretary shall publish, of the role, 
    responsibilities, and effectiveness of State courts in carrying out 
    State laws requiring proceedings (conducted by or under the 
    supervision of the courts)--
            ``(A) that implement parts B and E of title IV of such Act 
        [part B of this subchapter and this part];
            ``(B) that determine the advisability or appropriateness of 
        foster care placement;
            ``(C) that determine whether to terminate parental rights; 
        and
            ``(D) that determine whether to approve the adoption or 
        other permanent placement of a child; and
        ``(2) to implement changes deemed necessary as a result of the 
    assessments.
    ``(b) Applications.--In order to be eligible for a grant under this 
section, a highest State court shall submit to the Secretary an 
application at such time, in such form, and including such information 
and assurances as the Secretary shall require.
    ``(c) Allotments.--
        ``(1) In general.--Each highest State court which has an 
    application approved under subsection (b), and is conducting 
    assessment activities in accordance with this section, shall be 
    entitled to payment, for each of fiscal years 1995 through 2001, 
    from amounts reserved pursuant to section 430(d)(2) of the Social 
    Security Act [section 629(d)(2) of this title], of an amount equal 
    to the sum of--
            ``(A) for fiscal year 1995, $75,000 plus the amount 
        described in paragraph (2) for fiscal year 1995; and
            ``(B) for each of fiscal years 1996 through 2001, $85,000 
        plus the amount described in paragraph (2) for each of such 
        fiscal years.
        ``(2) Formula.--The amount described in this paragraph for any 
    fiscal year is the amount that bears the same ratio to the amount 
    reserved pursuant to section 430(d)(2) of the Social Security Act 
    for the fiscal year (reduced by the dollar amount specified in 
    paragraph (1) of this subsection for the fiscal year) as the number 
    of individuals in the State who have not attained 21 years of age 
    bears to the total number of such individuals in all States the 
    highest State courts of which have approved applications under 
    subsection (b).
    ``(d) Use of Grant Funds.--Each highest State court which receives 
funds paid under this section may use such funds to pay--
        ``(1) any or all costs of activities under this section in 
    fiscal year 1995; and
        ``(2) not more than 75 percent of the cost of activities under 
    this section in each of fiscal years 1996, 1997, 1998, 1999, 2000, 
    and 2001.''


                      Abandoned Infants Assistance

    Pub. L. 100-505, Oct. 18, 1988, 102 Stat. 2533, as amended by Pub. 
L. 102-236, Secs. 2-8, Dec. 12, 1991, 105 Stat. 1812-1816; Pub. L. 104-
235, title II, Secs. 221, 222, Oct. 3, 1996, 110 Stat. 3091, 3092, 
provided that:
``SECTION 1. SHORT TITLE.
    ``This Act may be cited as the `Abandoned Infants Assistance Act of 
1988'.
``SEC. 2. FINDINGS.
    ``The Congress finds that--
        ``(1) throughout the Nation, the number of infants and young 
    children who have been exposed to drugs taken by their mothers 
    during pregnancy has increased dramatically;
        ``(2) the inability of parents who abuse drugs to provide 
    adequate care for such infants and young children and a lack of 
    suitable shelter homes for such infants and young children have led 
    to the abandonment of such infants and young children in hospitals 
    for extended periods;
        ``(3) an unacceptable number of these infants and young children 
    will be medically cleared for discharge, yet remain in hospitals as 
    boarder babies;
        ``(4) hospital-based child care for these infants and young 
    children is extremely costly and deprives them of an adequate 
    nurturing environment;
        ``(5) training is inadequate for foster care personnel working 
    with medically fragile infants and young children and infants and 
    young children exposed to drugs;
        ``(6) a particularly devastating development is the increase in 
    the number of infants and young children who are infected with the 
    human immunodeficiency virus (which is believed to cause acquired 
    immune deficiency syndrome and which is commonly known as HIV) or 
    who have been perinatally exposed to the virus or to a dangerous 
    drug;
        ``(7) many such infants and young children have at least one 
    parent who is an intravenous drug abuser;
        ``(8) such infants and young children are particularly difficult 
    to place in foster homes, and are being abandoned in hospitals in 
    increasing numbers by mothers dying of acquired immune deficiency 
    syndrome, or by parents incapable of providing adequate care;
        ``(9) there is a need for comprehensive services for such 
    infants and young children, including foster family care services, 
    case management services, family support services, respite and 
    crisis intervention services, counseling services, and group 
    residential home services;
        ``(10) there is a need to support the families of such infants 
    and young children through the provision of services that will 
    prevent the abandonment of the infants and children; and
        ``(11) there is a need for the development of funding strategies 
    that coordinate and make the optimal use of all private resources, 
    and Federal, State, and local resources, to establish and maintain 
    such services.

 ``TITLE I--PROJECTS REGARDING ABANDONMENT OF INFANTS AND YOUNG 
                      CHILDREN IN HOSPITALS

``SEC. 101. ESTABLISHMENT OF PROGRAM OF DEMONSTRATION PROJECTS.
    ``(a) In General.--The Secretary of Health and Human Services may 
make grants to public and nonprofit private entities for the purpose of 
developing, implementing, and operating projects to demonstrate 
methods--
        ``(1) to prevent the abandonment of infants and young children, 
    including the provision of services to members of the natural family 
    for any condition that increases the probability of abandonment of 
    an infant or young child;
        ``(2) to identify and address the needs of abandoned infants and 
    young children;
        ``(3) to assist abandoned infants and young children to reside 
    with their natural families or in foster care, as appropriate;
        ``(4) to recruit, train, and retain foster families for 
    abandoned infants and young children;
        ``(5) to carry out residential care programs for abandoned 
    infants and young children who are unable to reside with their 
    families or to be placed in foster care;
        ``(6) to carry out programs of respite care for families and 
    foster families of infants and young children described in 
    subsection (b);
        ``(7) to recruit and train health and social services personnel 
    to work with families, foster care families, and residential care 
    programs for abandoned infants and young children; and
        ``(8) to prevent the abandonment of infants and young children, 
    and to care for the infants and young children who have been 
    abandoned, through model programs providing health, educational, and 
    social services at a single site in a geographic area in which a 
    significant number of infants and young children described in 
    subsection (b) reside (with special consideration given to 
    applications from entities that will provide the services of the 
    project through community-based organizations).
    ``(b) Priority in Provision of Services.--The Secretary may not make 
a grant under subsection (a) unless the applicant for the grant agrees 
that, in carrying out the purpose described in subsection (a) (other 
than with respect to paragraph (6) of such subsection), the applicant 
will give priority to abandoned infants and young children--
        ``(1) who are infected with the human immunodeficiency virus or 
    who have been perinatally exposed to the virus; or
        ``(2) who have been perinatally exposed to a dangerous drug.
    ``(c) Case Plan With Respect to Foster Care.--The Secretary may not 
make a grant under subsection (a) unless the applicant for the grant 
agrees that, if the applicant expends the grant to carry out any program 
of providing care to infants and young children in foster homes or in 
other nonmedical residential settings away from their parents, the 
applicant will ensure that--
        ``(1) a case plan of the type described in paragraph (1) of 
    section 475 of the Social Security Act [section 675 of this title] 
    is developed for each such infant and young child (to the extent 
    that such infant and young child is not otherwise covered by such a 
    plan); and
        ``(2) the program includes a case review system of the type 
    described in paragraph (5) of such section (covering each such 
    infant and young child who is not otherwise subject to such a 
    system).
    ``(d) Administration of Grant.--
        ``(1) The Secretary may not make a grant under subsection (a) 
    unless the applicant for the grant agrees--
            ``(A) to use the funds provided under this section only for 
        the purposes specified in the application submitted to, and 
        approved by, the Secretary pursuant to subsection (e);
            ``(B) to establish such fiscal control and fund accounting 
        procedures as may be necessary to ensure proper disbursement and 
        accounting of Federal funds paid to the applicant under this 
        section;
            ``(C) to report to the Secretary annually on the 
        utilization, cost, and outcome of activities conducted, and 
        services furnished, under this section; and
            ``(D) that if, during the majority of the 180-day period 
        preceding the date of the enactment of this Act [Oct. 18, 1988], 
        the applicant has carried out any program with respect to the 
        care of abandoned infants and young children, the applicant will 
        expend the grant only for the purpose of significantly 
        expanding, in accordance with subsection (a), activities under 
        such program above the level provided under such program during 
        the majority of such period.
        ``(2) Subject to the availability of amounts made available in 
    appropriations Acts for the fiscal year involved, the duration of a 
    grant under subsection (a) shall be for a period of 3 years, except 
    that the Secretary--
            ``(A) may terminate the grant if the Secretary determines 
        that the entity involved has substantially failed to comply with 
        the agreements required as a condition of the provision of the 
        grant; and
            ``(B) shall continue the grant for one additional year if 
        the Secretary determines that the entity has satisfactorily 
        complied with such agreements.
    ``(e) Requirement of Application.--The Secretary may not make a 
grant under subsection (a) unless--
        ``(1) an application for the grant is submitted to the 
    Secretary;
        ``(2) with respect to carrying out the purpose for which the 
    grant is to be made, the application provides assurances of 
    compliance satisfactory to the Secretary; and
        ``(3) the application otherwise is in such form, is made in such 
    manner, and contains such agreements, assurances, and information as 
    the Secretary determines to be necessary to carry out this section.
    ``(f) Technical Assistance to Grantees.--The Secretary may, without 
charge to any grantee under subsection (a), provide technical assistance 
(including training) with respect to the planning, development, and 
operation of projects described in such subsection. The Secretary may 
provide such technical assistance directly, through contracts, or 
through grants.
    ``(g) Technical Assistance With Respect to Process of Applying for 
Grant.--The Secretary may provide technical assistance (including 
training) to public and nonprofit private entities with respect to the 
process of applying to the Secretary for a grant under subsection (a). 
The Secretary may provide such technical assistance directly, through 
contracts, or through grants.
    ``(h) Priority Requirement.--In making grants under subsection (a), 
the Secretary shall give priority to applicants located in States that 
have developed and implemented procedures for expedited termination of 
parental rights and placement for adoption of infants determined to be 
abandoned under State law.
``SEC. 102. EVALUATIONS, STUDIES, AND REPORTS BY SECRETARY.
    ``(a) Evaluations of Demonstration Projects.--The Secretary shall, 
directly or through contracts with public and nonprofit private 
entities, provide for evaluations of projects carried out under section 
101 and for the dissemination of information developed as result of such 
projects.
    ``(b) Dissemination of Information to Individuals With Special 
Needs.--
        ``(1)(A) The Secretary may enter into contracts or cooperative 
    agreements with public or nonprofit private entities for the 
    development and operation of model projects to disseminate the 
    information described in subparagraph (B) to individuals who are 
    disproportionately at risk of dysfunctional behaviors that lead to 
    the abandonment of infants or young children.
        ``(B) The information referred to in subparagraph (A) is 
    information on the availability to individuals described in such 
    subparagraph, and the families of the individuals, of financial 
    assistance and services under Federal, State, local, and private 
    programs providing health services, mental health services, 
    educational services, housing services, social services, or other 
    appropriate services.
        ``(2) The Secretary may not provide a contract or cooperative 
    agreement under paragraph (1) to an entity unless--
            ``(A) the entity has demonstrated expertise in the functions 
        with respect to which such financial assistance is to be 
        provided; and
            ``(B) the entity agrees that in disseminating information on 
        programs described in such paragraph, the entity will give 
        priority--
                ``(i) to providing the information to individuals 
            described in such paragraph who--
          ``(I) engage in the abuse of alcohol or drugs, who are 
                infected with the human immunodeficiency virus, or who 
                have limited proficiency in speaking the English 
                language; or
          ``(II) have been historically underserved in the provision of 
                the information; and
                ``(ii) to providing information on programs that are 
            operated in the geographic area in which the individuals 
            involved reside and that will assist in eliminating or 
            reducing the extent of behaviors described in such 
            paragraph.
        ``(3) In providing contracts and cooperative agreements under 
    paragraph (1), the Secretary may not provide more than 1 such 
    contract or agreement with respect to any geographic area.
        ``(4) Subject to the availability of amounts made available in 
    appropriations Acts for the fiscal year involved, the duration of a 
    contract or cooperative agreement under paragraph (1) shall be for a 
    period of 3 years, except that the Secretary may terminate such 
    financial assistance if the Secretary determines that the entity 
    involved has substantially failed to comply with the agreements 
    required as a condition of the provision of the assistance.
    ``(c) Study and Report on Number of Abandoned Infants and Young 
Children.--
        ``(1) The Secretary shall conduct a study for the purpose of 
    determining--
            ``(A) an estimate of the number of infants and young 
        children abandoned in hospitals in the United States and the 
        number of such infants and young children who are infants and 
        young children described in section 101(b); and
            ``(B) an estimate of the annual costs incurred by the 
        Federal Government and by State and local governments in 
        providing housing and care for such infants and young children.
        ``(2) Not later than April 1, 1992, the Secretary shall complete 
    the study required in paragraph (1) and submit to the Congress a 
    report describing the findings made as a result of the study.
    ``(d) Study and Report on Effective Care Methods.--
        ``(1) The Secretary shall conduct a study for the purpose of 
    determining the most effective methods for responding to the needs 
    of abandoned infants and young children.
        ``(2) The Secretary shall, not later than April 1, 1991, 
    complete the study required in paragraph (1) and submit to the 
    Congress a report describing the findings made as a result of the 
    study.
``SEC. 103. DEFINITIONS.
    ``For purposes of this title:
        ``(1) The terms `abandoned' and `abandonment', with respect to 
    infants and young children, mean that the infants and young children 
    are medically cleared for discharge from acute-care hospital 
    settings, but remain hospitalized because of a lack of appropriate 
    out-of-hospital placement alternatives.
        ``(2) The term `dangerous drug' means a controlled substance, as 
    defined in section 102 of the Controlled Substances Act [21 U.S.C. 
    802].
        ``(3) The term `natural family' shall be broadly interpreted to 
    include natural parents, grandparents, family members, guardians, 
    children residing in the household, and individuals residing in the 
    household on a continuing basis who are in a care-giving situation 
    with respect to infants and young children covered under this Act.
``SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
    ``(a) In General.--
        ``(1) For the purpose of carrying out this title (other than 
    section 102(b)), there are authorized to be appropriated $35,000,000 
    for fiscal year 1997 and such sums as may be necessary for each of 
    the fiscal years 1998 through 2001.
        ``(2)(A) Of the amounts appropriated under paragraph (1) for any 
    fiscal year in excess of the amount appropriated under this 
    subsection for fiscal year 1991, as adjusted in accordance with 
    subparagraph (B), the Secretary shall make available not less than 
    50 percent for grants under section 101(a) to carry out projects 
    described in paragraph (8) of such section.
        ``(B) For purposes of subparagraph (A), the amount relating to 
    fiscal year 1991 shall be adjusted for a fiscal year to a greater 
    amount to the extent necessary to reflect the percentage increase in 
    the consumer price index for all urban consumers (U.S. city average) 
    for the 12-month period ending with March of the preceding fiscal 
    year.
        ``(3) Not more than 5 percent of the amounts appropriate under 
    paragraph (1) for any fiscal year may be obligated for carrying out 
    section 102(a).
    ``(b) Dissemination of Information for Individuals With Special 
Needs.--For the purpose of carrying out section 102(b), there is 
authorized to be appropriated $5,000,000 for each of the fiscal years 
1992 through 1995.
    ``(c) Administrative Expenses.--
        ``(1) For the purpose of the administration of this title by the 
    Secretary, there is authorized to be appropriated for each fiscal 
    year specified in subsection (a)(1) an amount equal to 5 percent of 
    the amount authorized in such subsection to be appropriated for the 
    fiscal year. With respect to the amounts appropriated under such 
    subsection, the preceding sentence may not be construed to prohibit 
    the expenditure of the amounts for the purpose described in such 
    sentence.
        ``(2) The Secretary may not obligate any of the amounts 
    appropriated under paragraph (1) for a fiscal year unless, from the 
    amounts appropriated under subsection (a)(1) for the fiscal year, 
    the Secretary has obligated for the purpose described in such 
    paragraph an amount equal to the amounts obligated by the Secretary 
    for such purpose in fiscal year 1991.
    ``(d) Availability of Funds.--Amounts appropriated under this 
section shall remain available until expended.

``TITLE II--MEDICAL COSTS OF TREATMENT WITH RESPECT TO ACQUIRED 
                   IMMUNE DEFICIENCY SYNDROME

``SEC. 201. STUDY AND REPORT ON ASSISTANCE.
    ``(a) Study.--The Secretary shall conduct a study for the purpose 
of--
        ``(1) determining cost-effective methods for providing 
    assistance to individuals for the medical costs of treatment of 
    conditions arising from infection with the etiologic agent for 
    acquired immune deficiency syndrome, including determining the 
    feasibility of risk-pool health insurance for individuals at risk of 
    such infection;
        ``(2) determining the extent to which Federal payments under 
    title XIX of the Social Security Act [subchapter XIX of this 
    chapter] are being expended for medical costs described in paragraph 
    (1); and
        ``(3) providing an estimate of the extent to which such Federal 
    payments will be expended for such medical costs during the 5-year 
    period beginning on the date of the enactment of this Act [Oct. 18, 
    1988].
    ``(b) Report.--The Secretary shall, not later than 12 months after 
the date of the enactment of this Act, complete the study required in 
subsection (a) and submit to the Committee on Energy and Commerce of the 
House of Representatives, and to the Committee on Labor and Human 
Resources of the Senate, a report describing the findings made as a 
result of the study.

                 ``TITLE III--GENERAL PROVISIONS

``SEC. 301. DEFINITIONS.
    ``For purposes of this Act:
        ``(1) The term `acquired immune deficiency syndrome' includes 
    infection with the etiologic agent for such syndrome, any condition 
    indicating that an individual is infected with such etiologic agent, 
    and any condition arising from such etiologic agent.
        ``(2) The term `Secretary' means the Secretary of Health and 
    Human Services.''
    [Pub. L. 102-236, Sec. 1, Dec. 12, 1991, 105 Stat. 1812, provided 
that: ``This Act [amending Pub. L. 100-505 set out above and provisions 
set out as a note under section 623 of Title 29, Labor] may be cited as 
the `Abandoned Infants Assistance Act Amendments of 1991'.'']


    Study of Foster Care and Adoption Assistance Programs; Report to 
                 Congress Not Later Than October 1, 1983

    Section 101(b) of Pub. L. 96-272 directed Secretary of Health, 
Education, and Welfare to conduct a study of programs of foster care and 
adoption assistance established under part IV-E of the Social Security 
Act (this part) and submit to Congress, not later than Oct. 1, 1983, a 
full and complete report thereon, together with his recommendations as 
to (A) whether such part IV-E should be continued, and if so, (B) the 
changes (if any) which should be made in such part IV-E.
