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PL 101-508 — Omnibus Budget Reconciliation Act of 1990

Title V, Subtitle A, Chapter 4 and 5 excludes foster care or adoption assistance payments when determining a family's eligibility for AFDC assistance; requires State agencies to report known or suspected abuse or neglect of a child receiving aid; and allows States to receive reimbursement for child placement services. The relevant text is presented below. Thomas.gov offers bill summary and status.

Title V: Income Security, Human Resources, and Related Programs: Subtitle A: Human Resource and Family Policy Amendments

CHAPTER 4--AID TO FAMILIES WITH DEPENDENT CHILDREN

SEC. 5051. OPTIONAL MONTHLY REPORTING AND RETROSPECTIVE BUDGETING.

(a) OPTIONAL MONTHLY REPORTING- Section 402(a)(14) (42 U.S.C. 602(a)(14)) is amended--

(1) by striking 'with respect to' and all that follows through '(A) provide' and insert 'provide, at the option of the State and with respect to such category or categories as the State may select and identify in its State plan (A)';
(2) by striking '(with the prior approval of the Secretary in recent work history and earned income cases)'; and
(3) by striking 'upon a determination' and all that follows through 'paragraph'.

(b) OPTIONAL RETROSPECTIVE BUDGETING- Section 402(a)(13) (42 U.S.C. 602(a)(13)) is amended by striking all that precedes subparagraph (A) and inserting the following:

'(13) at the option of the State, but only with respect to any one or more categories of families required to report monthly to the State agency pursuant to paragraph (14), provide that--'.

(c) EFFECTIVE DATE- The amendments made by this section shall take effect with respect to reports pertaining to, or aid payable for, months beginning in or after October 1990.

SEC. 5052. CHILDREN RECEIVING FOSTER CARE MAINTENANCE OR ADOPTION ASSISTANCE PAYMENTS NOT TREATED AS MEMBER OF FAMILY UNIT FOR PURPOSES OF DETERMINING ELIGIBILITY FOR, OR AMOUNT OF, AFDC BENEFIT.

(a) IN GENERAL- Part A of title IV (42 U.S.C. 601 et seq.) is amended by inserting after section 408 the following:

'EXCLUSION FROM AFDC UNIT OF CHILD FOR WHOM FEDERAL, STATE, OR LOCAL FOSTER CARE MAINTENANCE OR ADOPTION ASSISTANCE PAYMENTS ARE MADE

'SEC. 409. (a) Notwithstanding any other provision of this title (other than subsection (b))--

'(1) a child with respect to whom foster care maintenance payments or adoption assistance payments are made under part E or under State or local law shall not, for the period for which such payments are made, be regarded as a member of a family for purposes of determining the amount of benefits of the family under this part; and
'(2) the income and resources of such child shall be excluded from the income and resources of a family under this part.

'(b) Subsection (a) shall not apply in the case of a child with respect to whom adoption assistance payments are made under part E or under State or local law, if application of such subsection would reduce the benefits under this part of the family of which the child would otherwise be regarded as a member.'.
(b) CONFORMING REPEAL- Section 478 (42 U.S.C. 678) is hereby repealed.
(c) EFFECTIVE DATE- The amendment made by subsection (a) and the repeal made by subsection (b) shall apply with respect to benefits for months beginning on or after the first day of the 6th calendar month following the month in which this Act is enacted.

SEC. 5053. ELIMINATION OF TERM 'LEGAL GUARDIAN'.

(a) IN GENERAL- Section 402(a)(39) (42 U.S.C. 602(a)(39)) is amended--

(1) by striking 'or legal guardian'; and
(2) by striking 'or legal guardians'.

(b) EFFECTIVE DATE- The amendments made by subsection (a) shall take effect on the date of the enactment of this Act.

SEC. 5054. REPORTING OF CHILD ABUSE AND NEGLECT.

(a) CONCERNING AFDC APPLICANTS AND RECIPIENTS-

(1) IN GENERAL- Section 402(a)(16) (42 U.S.C. 602(a)(16)) is amended to read as follows:
'(16) provide that the State agency will--

'(A) report to an appropriate agency or official, known or suspected instances of physical or mental injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a child receiving aid under this part under circumstances which indicate that the child's health or welfare is threatened thereby; and
'(B) provide such information with respect to a situation described in subparagraph (A) as the State agency may have;'.

(2) CONFORMING AMENDMENTS- Section 402(a)(9) (42 U.S.C. 602(a)(9)) is amended--

(A) in subparagraph (C), by striking 'and'; and
(B) by inserting ', and (E) reporting and providing information pursuant to paragraph (16) to appropriate authorities with respect to known or suspected child abuse or neglect' before the 1st semicolon.

(b) CONCERNING RECIPIENTS OF FOSTER CARE OR ADOPTION ASSISTANCE-

(1) IN GENERAL- Section 471(a)(9) (42 U.S.C. 671(a)(9)) is amended to read as follows:
'(9) provides that the State agency will--

'(A) report to an appropriate agency or official, known or suspected instances of physical or mental injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a child receiving aid under part B or this part under circumstances which indicate that the child's health or welfare is threatened thereby; and
'(B) provide such information with respect to a situation described in subparagraph (A) as the State agency may have;'.

(2) CONFORMING AMENDMENTS- Section 471(a)(8) (42 U.S.C. 671(a)(8)) is amended--

(A) in subparagraph (C), by striking 'and'; and
(B) by inserting ', and (E) reporting and providing information pursuant to paragraph (9) to appropriate authorities with respect to known or suspected child abuse or neglect' before the 1st semicolon.

(c) EFFECTIVE DATE- The amendments made by this section shall apply with respect to benefits for months beginning on or after the first day of the 6th calendar month following the month in which this Act is enacted.

SEC. 5055. DISCLOSURE OF INFORMATION ABOUT AFDC APPLICANTS AND RECIPIENTS AUTHORIZED FOR PURPOSES DIRECTLY CONNECTED TO STATE FOSTER CARE AND ADOPTION ASSISTANCE PROGRAMS.

(a) IN GENERAL- Section 402(a)(9)(A) (42 U.S.C. 602(a)(9)(A)) is amended by striking 'or D' and inserting ', D, or E'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act.

SEC. 5056. REPATRIATION.

(a) IN GENERAL- Section 1113 (42 U.S.C. 1313) is amended--

(1) in subsection (d), by striking 'on or after October 1, 1989' and inserting 'after September 30, 1991'; and
(2) by adding at the end the following:

'(e)(1) The Secretary may accept on behalf of the United States gifts, in cash or in kind, for use in carrying out the program established under this section. Gifts in the form of cash shall be credited to the appropriation account from which this program is funded, in addition to amounts otherwise appropriated, and shall remain available until expended.
'(2) Gifts accepted under paragraph (1) shall be available for obligation or other use by the United States only to the extent and in the amounts provided in appropriation Acts.'. (b) EFFECTIVE DATE- The amendments made by subsection (a) shall be effective for fiscal years beginning after September 30, 1989.

SEC. 5057. TECHNICAL AMENDMENT TO NATIONAL COMMISSION ON CHILDREN.

Section 1139(d) (42 U.S.C. 1320b-9(d)) is amended in the matter preceding paragraph (1), by striking 'an interim report no later than March 31, 1991, and a final report no later than September 30, 1990' and inserting 'an interim report no later than September 30, 1990, and a final report no later than March 31, 1991'.

SEC. 5058. EXTENSION OF PROHIBITION AGAINST IMPLEMENTATION OF PROPOSED REGULATIONS ON EMERGENCY ASSISTANCE AND AFDC SPECIAL NEEDS.

Section 8005 of the Omnibus Budget Reconciliation Act of 1989 (42 U.S.C. 606 note) is amended in each of subsections (a)(2) and (c) by striking '1990' and inserting '1991'.

SEC. 5059. AMENDMENTS TO MINNESOTA FAMILY INVESTMENT PLAN DEMONSTRATION.

Section 8015 of the Omnibus Budget Reconciliation Act of 1989 (42 U.S.C. 602 note) is amended--

(1) in subsection (a), by striking 'part A' and inserting 'parts A and F';
(2) in subsection (b)(3), by striking '(e)' and inserting '(d)';
(3) in subsection (b)(6), by inserting 'or that is assigned to and found eligible for the project' after 'in the project';
(4) in subsection (b)(8)(B)(ii), by inserting '(except that the age of the youngest child may be age 1 under the project even if the State plan specifies age 3)' after 'such compliance';
(5) in subsection (b)(8)(B)(ii)(I), by inserting 'and' after the semicolon;
(6) in subsection (b)(8)(B)(ii), by striking '; and' after 'age of 1 year' and all that follows through the end of subclause (III) and inserting '(except that, in a 2-parent family, this clause applies only to 1 parent).';
(7) by amending subsection (b)(9) to read as follows:
'(9) AVAILABILITY OF EDUCATION, EMPLOYMENT, AND TRAINING SERVICES- The State will make available education, employment, and training services equivalent to those services available under the State plan approved under part F of title IV of the Social Security Act to families required to enter into and comply with a contract with a county agency under the 1989 Minnesota Laws, section 10 of article 5 of chapter 282.';
(8) in subsection (b)(10)(A)--

(A) by inserting ', except when a sanction is implemented under the 1989 Minnesota Laws, subdivision 3 of section 10 of article 5 of chapter 282,' after 'ensure that'; and
(B) by striking 'cash';

(9) in subsection (b), by adding at the end the following:
'(12) LIABILITY FOR COSTS- For each fiscal year, the Secretary shall not be liable for any costs related to carrying out the project in excess of those that the Secretary would have been liable for had the project not been implemented, except for costs for evaluating the project.';
(10) in subsection (c)(1)(B), by striking '50' and inserting '25';
(11) in subsection (c)(2), by striking 'part A' and inserting 'parts A and F';
(12) in subsection (d)(1)(B)(ii)--

(A) by inserting 'except when a sanction is implemented under the 1989 Minnesota Laws, subdivision 3 of section 10 of article 5 of chapter 282,' before 'permit'; and
(B) by striking 'cash';

(13) in subsection (d)(1)(B)(iii), by striking 'section 402(a)(19)(C) of such Act' and inserting 'subparagraph (C), (D), or (E) of section 402(a)(19) of such Act (except that the exemption for a parent with a child under 1 year of age need not be specified in the State plan)'; and
(14) by adding at the end the following:

'(i) CONSTRUCTION- For purposes of any Federal, State, or local law other than part A of title IV of the Social Security Act, the Food Stamp Act of 1977, or this section--

'(1) families participating in the project shall be considered to be recipients of aid under such part; and
'(2) cash assistance provided under the project to any such family and not designated by the State as food assistance shall be treated as if such assistance were aid received under such part.'.

SEC. 5060. GOOD CAUSE EXCEPTION TO REQUIRED COOPERATION FOR TRANSITIONAL CHILD CARE BENEFITS.

(a) IN GENERAL- Section 402(g)(1)(A)(vi)(II) (42 U.S.C. 602(g)(1)(A)(vi)(II)) is amended to read as follows:
'(II) refused to cooperate with the State in establishing and enforcing his or her child support obligations, without good cause as determined by the State agency in accordance with standards prescribed by the Secretary which shall take into consideration the best interests of the child for whom child care is to be provided.'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act.

SEC. 5061. TECHNICAL CORRECTIONS REGARDING PENALTY FOR FAILURE TO PARTICIPATE IN JOBS PROGRAM.

(a) IN GENERAL- Section 407(b)(1)(B) (42 U.S.C. 607(b)(1)(B))) 57 is amended--

57 So in original. Probably should be '607(b)(1)(B))'.

(1) in clause (iii)--

(A) by striking '--' and all that follows through '(II)'; and
(B) by striking 'and ' at the end;

(2) in clause (iv), by striking the period and inserting '; and'; and
(3) by adding at the end the following:

'(v) that, if and for so long as the child's parent described in subparagraph (A)(i), unless meeting a condition of section 402(a)(19)(C), is, without good cause, not participating (or available for participation) in a program under part F, or if exempt under such section by reason of clause (vii) thereof or because there has not been established or provided under part F a program in which such parent can effectively participate, is not registered with the public employment offices in the State, the needs of such parent shall not be taken into account in determining the need of such parent's family under section 402(a)(7), and the needs of such parent's spouse shall not be so taken into account unless such spouse is participating in such a program, or if not participating solely by reason of section 402(a)(19)(C)(vii) or because there has not been established or provided under part F a program in which such spouse can effectively participate, is registered with the public employment offices of the State; and if neither parents' needs are so taken into account, the payment provisions of section 402(a)(19)(G)(i)(I) shall apply.'.

(b) EFFECTIVE DATE- The amendments made by subsection (a) shall take effect at the same time and in the same manner as the amendments made by title II of the Family Support Act of 1988 take effect.

SEC. 5062. TECHNICAL CORRECTIONS REGARDING AFDC-UP ELIGIBILITY REQUIREMENTS.

(a) IN GENERAL- Section 407(d)(1) (42 U.S.C. 607(d)(1)) is amended--

(1) by striking 'a calendar quarter (A)' and inserting '(A) a calendar quarter';
(2) by striking 'or' at the end of subparagraph (A); and
(3) by inserting ', and (C) a calendar quarter ending before October 1990 in which such individual participated in a community work experience program under section 409 (as in effect for a State immediately before the effective date for that State of the amendments made by title II of the Family Support Act of 1988) or the work incentive program established under part C (as in effect for a State immediately before such effective date)' before the semicolon.

(b) EFFECTIVE DATE- The amendments made by subsection (a) shall take effect on the date of the enactment of this Act.

SEC. 5063. FAMILY SUPPORT ACT DEMONSTRATION PROJECTS.

Section 505 of the Family Support Act of 1988 (42 U.S.C. 1315; P.L. 100-385) is amended--

(1) in subsection (a), by inserting 'in each of the fiscal years 1990, 1991, and 1992,' before 'shall'; and
(2) in subsection (e), by striking 'September 30, 1989' and inserting 'September 30 of the fiscal year specified in the agreement described in subsection (a)'.

SEC. 5064. STUDY OF JOBS PROGRAMS OPERATED BY INDIAN TRIBES AND ALASKA NATIVE ORGANIZATIONS.

(a) IN GENERAL- Within 180 days after the date of the enactment of this Act, the Comptroller General of the United States (in this section referred to as the 'Comptroller') shall conduct a study of the implementation of section 482(i) of the Social Security Act (42 U.S.C. 682(i)) relating to job opportunities and basic skills training programs (in this section referred to as 'JOBS programs') operated by Indian tribes and Alaska Native organizations (as defined in paragraph (5) of such section 482(i)).
(b) REQUIREMENTS FOR STUDY- In conducting the study described in subsection (a), the Comptroller shall--

(1) identify any problems associated with the implementation of section 482(i) of the Social Security Act; and
(2) assess (to the extent practicable) the effectiveness of the JOBS programs operated by Indian tribes and Alaska Native organizations.

(c) REPORT- Upon completion of the study described in subsection (a), the Comptroller shall submit a report to the appropriate committees of the Congress that includes--

(1) a summary of the findings of the study; and
(2) recommendations with respect to proposed legislation or changes in administrative policy to improve the effectiveness of JOBS programs conducted pursuant to section 482(i) of the Social Security Act.

CHAPTER 5--CHILD WELFARE AND FOSTER CARE

SEC. 5071. ACCOUNTING FOR ADMINISTRATIVE COSTS.

(a) RECLASSIFICATION- Section 474(a)(3) (42 U.S.C. 674(a)(3)) is amended by inserting 'provision of child placement services and for the' before 'proper and efficient'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act.

SEC. 5072. SECTION 427 TRIENNIAL REVIEWS.

(a) AMENDMENTS TO SECTION 10406 OF OBRA 1989- Section 10406 of the Omnibus Budget Reconciliation Act of 1989 (42 U.S.C. 627 note) is amended--

(1) by striking '1991' and inserting '1992';
(2) by striking '1990' and inserting '1991'; and
(3) in the section heading, by striking '1990' and inserting '1991'.

(b) CONFORMING AMENDMENT- The item relating to section 10406 in the table of contents appearing immediately after section 10000 of such Act is amended by striking '1990' and inserting '1991'.

SEC. 5073. INDEPENDENT LIVING INITIATIVES.

(a) IN GENERAL- Section 477(a)(2)(C) (42 U.S.C. 677(a)(2)(C)) is amended--

(1) by inserting 'who has not attained age 21' after 'may at the option of the State also include any child'; and
(2) by striking ', but such child' and all that follows through 'care'.

(b) EFFECTIVE DATE- The amendments made by subsection (a) shall apply to payments made under part E of title IV of the Social Security Act for fiscal years beginning in or after fiscal year 1991.

Updated on May 14, 2008