[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5640 Introduced in House (IH)]








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.

    ``The 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).
                    ``(B) Use of funds.--
                            ``(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.--
            ``(1) Allotments.--
                    ``(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--
            ``(1) the lesser 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
            ``(2) the lesser of--
                    ``(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--
            (1) in subsection (b)--
                    (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;
                    (D) in paragraph (10)--
                            (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--
            (1) in subsection (a)--
                    (A) by inserting ``In General.--'' after ``(a)'';
                    (B) by striking ``420'' and inserting ``425''; and
                    (C) by striking ``He'' and inserting ``The 
                Secretary'';
            (2) in subsection (b)--
                    (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)'';
            (4) in subsection (d)--
                    (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.''.
    (e) Payments to States.--
            (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--
                    (A) in subsection (c)--
                            (i) in paragraph (1)--
                                    (I) by striking ``(1)'';
                                    (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
                    (B) in subsection (d)--
                            (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:
    ``(e) Reports.--
            ``(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.
                                 <all>