
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC679b]

 
                 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. 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 
    part B of this subchapter and this part 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;
        (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.

(Aug. 14, 1935, ch. 531, title IV, Sec. 479A, as added Pub. L. 105-89, 
title II, Sec. 203(a), Nov. 19, 1997, 111 Stat. 2126.)

                       References in Text

    Part B of this subchapter, referred to in par. (1), is classified to 
section 620 et seq. of this title.


                             Effective Date

    Section effective Nov. 19, 1997, except as otherwise provided, with 
delay permitted if State legislation is required, see section 501 of 
Pub. L. 105-89, set out as an Effective Date of 1997 Amendments note 
under section 622 of this title.


            Development of Performance-Based Incentive System

    Section 203(b) of Pub. L. 105-89 provided that: ``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 [this section] (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 [Nov. 
19, 1997], 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.''
