109th CONGRESS
2d Session
H. R. 5640
To amend part B of title IV of the Social Security Act to reauthorize
the safe and stable families program, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
June 20, 2006
Mr. HERGER (for himself and Mr. MCDERMOTT) introduced the following bill;
which was referred to the Committee on Ways and Means
A BILL
To amend part B of title IV of the Social Security Act to reauthorize
the safe and stable families program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Child and Family Services Improvement Act
of 2006'.
SEC. 2. REAUTHORIZATION OF THE SAFE AND STABLE FAMILIES PROGRAM.
(a) Elimination of Findings- Section 430 of the Social Security Act (42
U.S.C. 629) is amended by striking all through `(b) Purpose- The purpose'
and inserting the following:
`SEC. 430. PURPOSE.
(b) Limitation on Administrative Cost Reimbursement- Section 434 of such
Act (42 U.S.C. 629d) is amended--
(1) in subsection (a), by inserting `, subject to subsection (d),' after
`shall'; and
(2) by adding at the end the following:
`(d) Limitation on Reimbursement for Administrative Costs- The Secretary
shall not make a payment to a State under this section with respect to expenditures
for administrative costs during a fiscal year, to the extent that the total
amount of the expenditures exceeds 10 percent of the total expenditures
of the State during the fiscal year under the State plan approved under
section 432.'.
(c) Funding of Mandatory Grants at $345 Million Per Fiscal Year- Section
436(a) of such Act (42 U.S.C. 629f(a)) is amended by striking `for fiscal
year 2006.' and all that follows and inserting `for each of fiscal years
2007 through 2011.'.
(d) Funding of Discretionary Grants- Section 437(a) of such Act (42 U.S.C.
629g(a)) is amended by striking `2002 through 2006' and inserting `2007
through 2011'.
(e) Increase in Set-Asides for Indian Tribes-
(1) MANDATORY GRANTS- Section 436(b)(3) of such Act (42 U.S.C. 629f(b)(3))
is amended by striking `1' and inserting `3'.
(2) DISCRETIONARY GRANTS- Section 437(b)(3) of such Act (42 U.S.C. 629g(b)(3))
is amended by striking `2' and inserting `3'.
(f) Collection of Data on Tribal Promoting Safe and Stable Families Plans-
Section 432(b)(2) of such Act (42 U.S.C. 629b(b)(2)) is amended--
(1) by striking subparagraph (A); and
(2) in subparagraph (B), by striking `Notwithstanding subparagraph (A)
of this paragraph, the' and inserting `The'.
(g) Authority of Intertribal Consortia to Apply for Grants- Section 432(b)(2)
of such Act (42 U.S.C. 629(b)(b)(2)), as amended by subsection (f) of this
section, is amended by inserting before subparagraph (B) the following:
`(A) INTERTRIBAL CONSORTIA- This subpart shall not be interpreted to
preclude the development and submission of a single tribal plan under
this subpart by the participating tribes of an intertribal consortium.'.
(h) Technical Correction- Section 431(a)(6) of such Act (42 U.S.C. 629a(a)(6))
is amended by striking `1986' and inserting `1996'.
SEC. 3. TARGETING OF INCREASED SAFE AND STABLE FAMILIES PROGRAM RESOURCES
TO SUPPORT MONTHLY CASEWORKER VISITS.
(a) Reservation and Use of Funds-
(1) IN GENERAL- Section 436(b) of the Social Security Act (42 U.S.C. 629f(b))
is amended by adding at the end the following:
`(4) SUPPORT FOR MONTHLY CASEWORKER VISITS-
`(A) RESERVATION- In the case of each of fiscal years 2006 through 2011,
the Secretary shall reserve $40,000,000 for allotment in accordance
with section 433(e).
`(i) IN GENERAL- A State to which an amount is paid from amounts reserved
under subparagraph (A) shall use the amount to support monthly caseworker
visits with children who are in foster care under the responsibility
of the State, with a primary emphasis on activities designed to improve
caseworker retention, recruitment, training, and ability to access
the benefits of technology.
`(ii) NONSUPPLANTATION- A State to which an amount is paid from amounts
reserved pursuant to subparagraph (A) shall not use the amount to
supplant any Federal funds paid to the State under part E that could
be used as described in clause (i).'.
(2) EFFECT ON AMOUNTS RESERVED FOR INDIAN TRIBES- Section 436(b)(3) of
such Act (42 U.S.C. 629b(b)(3)) is amended by striking `The' and inserting
`After applying paragraph (4) (but before applying paragraphs (1) or (2)),
the'.
(b) Allotment of Funds- Section 433 of such Act (42 U.S.C. 629c) is amended--
(1) in subsection (d), by inserting `subsection (a), (b), or (c) of' before
`this section' the 1st and 2nd places it appears; and
(2) by adding at the end the following:
`(e) Special Rules Applicable to Funds Reserved to Support Monthly Caseworker
Visits-
`(A) TERRITORIES- From the amount reserved pursuant to section 436(b)(4)(A)
for fiscal year 2006 or any succeeding fiscal year, the Secretary shall
allot to each jurisdiction specified in subsection (b) of this section
that meets the requirements of paragraph (2) of this subsection for
the fiscal year an amount determined in the same manner as the allotment
to each of such jurisdictions is determined under section 423 (without
regard to the initial allotment of $70,000 to each State).
`(B) OTHER STATES- From the amount reserved pursuant to section 436(b)(4)(A)
for fiscal year 2006 or any succeeding fiscal year that remains after
applying subparagraph (A) of this paragraph for the fiscal year, the
Secretary shall allot to each State (other than an Indian tribe) not
specified in subsection (b) of this section that meets the requirements
of paragraph (2) of this subsection for the fiscal year an amount equal
to such remaining amount multiplied by the food stamp percentage of
the State (as defined in subsection (c)(2) of this section) for the
fiscal year, except that in applying subsection (c)(2)(A) of this section,
`subsection (e)(1)(B)' shall be substituted for `such paragraph (1)'.
`(2) REQUIREMENTS- The requirements of this paragraph are the following:
`(A) AMOUNTS ALLOTTED FOR FISCAL YEAR 2007- In the case of amounts reserved
pursuant to section 436(b)(4)(A) for fiscal year 2007, the State has
provided to the Secretary data which shows, for the most recent fiscal
year for which such information is available--
`(i) the percentage of children in foster care under the responsibility
of the State who were visited by the caseworker handling the case
of the child at least once each month while the child was in such
care; and
`(ii) the percentage of the visits that occurred in the residence
of the child.
`(B) AMOUNTS ALLOTTED FOR SUCCEEDING FISCAL YEARS- In the case of amounts
reserved pursuant to section 436(b)(4)(A) for fiscal year 2008 or any
succeeding fiscal year:
`(i) DATA SHOWING FREQUENCY AND LOCATION OF CASEWORKER VISITS- The
State has provided to the Secretary data which shows, for the preceding
fiscal year, that--
`(I) for at least 90 percent of the children in foster care under
the responsibility of the State--
`(aa) the caseworker handling the case of the child visited the
child at least once each month while the child was in such care; and
`(bb) the majority of the visits occurred in the residence of
the child; or
`(II) the State made the requisite annual progress, as determined
by the Secretary, to comply with subclause (I) by October 1, 2011.
`(ii) STATE ABILITY TO VERIFY FREQUENCY OF CASEWORKER VISITS- The
Secretary has verified that the State has in effect such policies
and standards as may be necessary to enable the State to determine
whether, for at least 90 percent of the children in foster care under
the responsibility of the State, a caseworker visited the child at
least once each month during the fiscal year.
`(iii) VERIFICATION OF NONSUPPLANTATION COMPLIANCE- The State has
provided to the Secretary such documentation as may be necessary to
verify that the State has complied with section 436(b)(4)(B)(ii) during
the fiscal year.'.
(c) Payments to States- Section 434(a) of such Act (42 U.S.C. 629d(a)),
as amended by section 2(b)(1) of this Act, is amended by striking `the lesser
of--' and all that follows and inserting the following: `the sum of--
`(A) 75 percent of the total expenditures by the State for activities
under the plan during the fiscal year or the immediately succeeding
fiscal year; or
`(B) the allotment of the State under subsection (a), (b), or (c) of
section 433, whichever is applicable, for the fiscal year; and
`(A) 75 percent of the total expenditures by the State in accordance
with section 436(b)(4)(B) during the fiscal year or the immediately
succeeding fiscal year; or
`(B) the allotment of the State under section 433(e) for the fiscal
year.'.
SEC. 4. IMPROVEMENTS TO THE CHILD WELFARE SERVICES PROGRAM.
(a) Funding- Subpart 1 of part B of title IV of the Social Security Act
(42 U.S.C. 620-628b) is amended by striking sections 420 and 425 and inserting
after section 424 the following:
`LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS
`Sec. 425. To carry out this subpart, there are authorized to be appropriated
to the Secretary not more than $325,000,000 for each of fiscal years 2007
through 2011.'.
(b) Purpose of Program- Such subpart is further amended--
(1) by redesignating sections 421 and 423 as sections 423 and 424, respectively,
and by transferring section 423 (as so redesignated) so that it appears
after section 422; and
(2) by inserting after the subpart heading the following:
`PURPOSE
`Sec. 421. The purpose of this subpart is to promote State flexibility in
the development and expansion of a coordinated child and family services
program that utilizes community-based agencies and ensures all children
are raised in safe, loving families, by--
`(1) protecting and promoting the welfare of all children;
`(2) preventing the neglect, abuse, or exploitation of children;
`(3) supporting at-risk families through services which allow children,
where appropriate, to remain safely with their families or return to their
families in a timely manner;
`(4) promoting the safety, permanence, and well-being of children in foster
care; and
`(5) providing training, professional development and support to ensure
a well-qualified child welfare workforce.'.
(c) Modification of State Plan Requirements- Section 422 of such Act (42
U.S.C. 622) is amended--
(A) by striking paragraphs (3) through (5) and inserting the following:
`(3) include a description of the services and activities which the State
will fund under the State program carried out pursuant to this subpart,
and how the services and activities will achieve the purpose of this subpart;';
(B) by striking paragraph (6) and inserting after paragraph (3) (as
added by subparagraph (A) of this paragraph) the following:
`(4) contain a description of--
`(A) the steps the State will take to provide child welfare services
statewide and to expand and strengthen the range of existing services
and develop and implement services to improve child outcomes; and
`(B) the child welfare services staff development and training plans
of the State;';
(C) by redesignating paragraphs (7) through (9) as paragraphs (5) through
(7), respectively;
(i) by striking subparagraph (A) and redesignating subparagraph (B)
as subparagraph (A); and
(ii) by striking subparagraph (C) and inserting after subparagraph
(A) the following:
`(B) has in effect policies and administrative and judicial procedures
for children abandoned at or shortly after birth which enable permanent
decisions to be made expeditiously with respect to the placement of
the children;';
(E) in paragraph (14), by striking `and' at the end;
(F) in paragraph (15), by striking the period and inserting a semicolon;
(G) by redesignating paragraphs (10) through (15) as paragraphs (8)
through (13), respectively; and
(H) by adding at the end the following:
`(14) include assurances that not more than 10 percent of the expenditures
of the State with respect to activities funded from amounts provided under
this subpart will be for administrative costs; and
`(15) outlines how the State will ensure that physicians or other appropriate
medical professionals are actively consulted and involved in--
`(A) assessing the health and well-being of children in foster care
under the responsibility of the State; and
`(B) determining appropriate medical treatment for the children.'; and
(2) by adding at the end the following:
`(c) Definitions- In this subpart:
`(1) ADMINISTRATIVE COSTS- The term `administrative costs' means costs
for the following, but only to the extent incurred in administering the
State plan developed pursuant to this subpart: procurement, payroll management,
personnel functions (other than the portion of the salaries of supervisors
attributable to time spent directly supervising the provision of services
by caseworkers), management, maintenance and operation of space and property,
data processing and computer services, accounting, budgeting, auditing,
and travel expenses (except those related to the provision of services
by caseworkers or the oversight of programs funded under this subpart).
`(2) OTHER TERMS- For definitions of other terms used in this part, see
section 475.'.
(d) Provisions Relating to State Allotments- Section 423 of such Act, as
so redesignated by subsection (b)(1) of this section, is amended--
(A) by inserting `In General- ' after `(a)';
(B) by striking `420' and inserting `425'; and
(C) by striking `He' and inserting `The Secretary';
(A) by inserting `Determination of State Allotment Percentages- ' after
`(b)'; and
(B) by striking `per centum' each place it appears and inserting `percent';
(3) in subsection (c), by inserting `Promulgation of State Allotment Percentages-
' after `(c)';
(A) by inserting `United States Defined- ' after `(d)'; and
(B) by striking `fifty' and inserting `50'; and
(5) by adding at the end the following:
`(e) Reallotment of Funds-
`(1) IN GENERAL- The amount of any allotment to a State for a fiscal year
under the preceding provisions of this section which the State certifies
to the Secretary will not be required for carrying out the State plan
developed as provided in section 422 shall be available for reallotment
from time to time, on such dates as the Secretary may fix, to other States
which the Secretary determines--
`(A) need sums in excess of the amounts allotted to such other States
under the preceding provisions of this section, in carrying out their
State plans so developed; and
`(B) will be able to so use such excess sums during the fiscal year.
`(2) CONSIDERATIONS- The Secretary shall make the reallotments on the
basis of the State plans so developed, after taking into consideration--
`(A) the population under 21 years of age;
`(B) the per capita income of each of such other States as compared
with the population under 21 years of age; and
`(C) the per capita income of all such other States with respect to
which such a determination by the Secretary has been made.
`(3) AMOUNTS REALLOTTED TO A STATE AMOUNTS DEEMED PART OF STATE ALLOTMENT-
Any amount so reallotted to a State is deemed part of the allotment of
the State under this section.'.
(1) EXCLUSION OF EXPENDITURES FOR DAY CARE, FOSTER CARE, AND ADOPTION
ASSISTANCE FROM ALLOWABLE EXPENDITURES- Section 424 of such Act, as so
redesignated by subsection (b)(1) of this section, is amended--
(II) by striking `, for any fiscal year beginning after September
30, 1979,';
(III) in subparagraph (A), by striking `necessary' and all that
follows through `living'; and
(IV) in subparagraph (C), by striking `, to the extent' and all
that follows through `1979'; and
(ii) by striking paragraph (2); and
(i) by striking `(excluding expenditures for activities specified
in subsection (c)(1))'; and
(ii) by striking `such activities' and inserting `activities specified
in subsection (c)'.
(2) LIMITATION ON ADMINISTRATIVE COST REIMBURSEMENT- Section 424 of such
Act (42 U.S.C. 623), as so redesignated by subsection (b)(1) of this section,
is amended by adding at the end the following:
`(e) Limitation on Reimbursement for Administrative Costs- The Secretary
shall not make a payment to a State under this section with respect to expenditures
during a fiscal year for administrative costs, to the extent that the total
amount of the expenditures exceeds 10 percent of the total expenditures
of the State during the fiscal year for activities funded from amounts provided
under this subpart.'.
(3) TECHNICAL AMENDMENT- Section 424(a) of such Act, as so redesignated
by subsection (b)(1) of this section, is amended by striking `per centum'
and inserting `percent'.
(f) Elimination of Obsolete Provision- Section 426 (42 U.S.C. 626) is amended
by striking subsection (b) and redesignating subsection (c) as subsection
(b).
(g) Conforming Amendments-
(1) Section 428(b) of such Act (42 U.S.C. 628(b)) is amended by striking
`421' and inserting `423'.
(2) Section 429 of such Act (42 U.S.C. 628a) is amended--
(A)(i) by striking the following:
`CHILD WELFARE TRAINEESHIPS
`Sec. 429. The Secretary'; and
(ii) inserting the following:
`(c) Child Welfare Traineeships- The Secretary'; and
(B) by transferring the provision to the end of section 426 (as amended
by subsection (f) of this section).
(3) Section 429A of such Act (42 U.S.C. 628b) is redesignated as section
429.
(4) Section 433(b) of such Act (42 U.S.C. 629c(b)) is amended by striking
`421' and inserting `423'.
(5) Section 437(c)(2) of such Act (42 U.S.C. 629g(c)(2)) is amended by
striking `421' and inserting `423'.
SEC. 5. REAUTHORIZATION OF THE COURT IMPROVEMENT PROGRAM.
Section 438 of the Social Security Act (42 U.S.C. 629h) is amended in each
of subsections (c)(1)(A) and (d) by striking `2006' and inserting `2011'.
SEC. 6. REAUTHORIZATION OF PROGRAM FOR MENTORING CHILDREN OF PRISONERS.
Section 439 of the Social Security Act (42 U.S.C. 629i) is amended--
(1) in subsection (c), by striking `2002 through 2006' and inserting `2007
through 2011'; and
(2) in subsection (h), by striking paragraph (1) and inserting the following:
`(1) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS; RESERVATION OF CERTAIN
AMOUNTS- To carry out this section, there are authorized to be appropriated
to the Secretary such sums as may be necessary for fiscal years 2007 through
2011.'.
SEC. 7. AVAILABILITY OF ADDITIONAL PROMOTING SAFE AND STABLE FAMILIES
RESOURCES FOR FISCAL YEAR 2006.
(a) Appropriation- Out of any money in the Treasury of the United States
not otherwise appropriated, there are appropriated to the Secretary of Health
and Human Services $40,000,000 for fiscal year 2006 to carry out subpart
2 of part B of title IV of the Social Security Act, in addition to any amount
otherwise made available for fiscal year 2006 to carry out such subpart.
(b) Availability of Funds- Notwithstanding section 434(b)(2) of such Act,
the amounts paid to States from the amount appropriated under subsection
(a) of this section shall remain available for expenditure by the States
through fiscal year 2008.
SEC. 8. REPORTS.
Section 435 of the Social Security Act (42 U.S.C. 629e) is amended by adding
at the end the following:
`(1) CONTENT- The Secretary shall submit to the Committee on Ways and
Means of the House of Representatives and the Committee on Finance of
the Senate biennial reports on--
`(A) the level of expenditures, and the programs and activities funded,
under subpart 1 and this subpart by each State, territory, and Indian
tribe to which funds are paid under this part;
`(B) the number of children and families served by each such State,
territory, and Indian tribe under the programs; and
`(C) how spending under the programs has helped achieve the goals identified
by each such State, territory, and Indian tribe as part of the annual
planning process undertaken in developing plans pursuant to this part.
`(2) TIMING- The Secretary shall submit the biennial reports required
by paragraph (1) not later than July 1, 2008, and not later than July
1 of every other calendar year thereafter.'.
SEC. 9. EFFECTIVE DATES.
(a) In General- Except as otherwise provided in this section, the amendments
made by this Act shall take effect on October 1, 2006, and shall apply to
payments under part B of title IV of the Social Security Act for calendar
quarters beginning on or after such date, without regard to whether regulations
to implement the amendments are promulgated by such date.
(b) Delay Permitted if State Legislation Required- If the Secretary of Health
and Human Services determines that State legislation (other than legislation
appropriating funds) is required in order for a State plan developed pursuant
to subpart 1 of part B, or a State plan approved under subpart 2 of part
B, of title IV of the Social Security Act to meet the additional requirements
imposed by the amendments made by this Act, the plan shall not be regarded
as failing to meet any of the additional requirements before the 1st day
of the 1st calendar quarter beginning after the first regular session of
the State legislature that begins after the date of the enactment of this
Act. If the State has a 2-year legislative session, each year of the session
is deemed to be a separate regular session of the State legislature.
(c) Availability of Additional Promoting Safe and Stable Families Resources
for Fiscal Year 2006- Section 7 shall take effect on the date of the enactment
of this Act.
END
