[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2790 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2790

 To amend part B of title IV of the Social Security Act to extend the 
  child and family services program through fiscal year 2016, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 2011

  Mr. Davis of Kentucky (for himself and Mr. Doggett) 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 extend the 
  child and family services program through fiscal year 2016, 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 Extension 
and Enhancement Act''.

SEC. 2. EXTENSION OF STEPHANIE TUBBS JONES CHILD WELFARE SERVICES 
              PROGRAM.

    (a) In General.--Section 425 of the Social Security Act (42 U.S.C. 
625) is amended by striking ``2007 through 2011'' and inserting ``2012 
through 2016''.
    (b) Modification of Certain State Plan Requirements.--
            (1) Response to emotional trauma.--Section 
        422(b)(15)(A)(ii) of such Act (42 U.S.C. 622(b)(15)(A)(ii)) is 
        amended by inserting ``, including emotional trauma associated 
        with a child's maltreatment and removal from home'' before the 
        semicolon.
            (2) Procedures on the use of psychotropic medications.--
        Section 422(b)(15)(A)(v) of such Act (42 U.S.C. 
        622(b)(15)(A)(v)) is amended by inserting ``, including 
        protocols for the appropriate use and monitoring of 
        psychotropic medications'' before the semicolon.
            (3) Description of activities to address developmental 
        needs of very young children.--Section 422(b) of such Act (42 
        U.S.C. 622(b)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (16);
                    (B) by striking the period at the end of paragraph 
                (17) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(18) include a description of the activities that the 
        State has undertaken to reduce the length of time children who 
        have not attained 5 years of age are without a permanent family 
        placement, and the activities the State undertakes to address 
        the developmental needs of such children who receive benefits 
        or services under this part or part E.''.
    (c) Child Visitation by Caseworkers.--Section 424 of such Act (42 
U.S.C. 624) is amended by striking the 2nd subsection (e), as added by 
section 7(b) of the Child and Family Services Improvement Act of 2006, 
and inserting the following:
    ``(f)(1)(A) Each State shall take such steps as are necessary to 
ensure that the total number of visits made by caseworkers on a monthly 
basis to children in foster care under the responsibility of the State 
during a fiscal year is not less than 90 percent of the total number of 
such visits that would occur during the fiscal year if each such child 
were so visited once every month while in such care.
    ``(B) If the Secretary determines that a State has failed to comply 
with subparagraph (A) for a fiscal year, then the percentage that would 
otherwise apply for purposes of subsection (a) for the fiscal year 
shall be reduced by--
            ``(i) 1, if the number of full percentage points by which 
        the State fell short of the percentage specified in 
        subparagraph (A) is less than 10;
            ``(ii) 3, if the number of full percentage points by which 
        the State fell short, as described in clause (i), is not less 
        than 10 and less than 20; or
            ``(iii) 5, if the number of full percentage points by which 
        the State fell short, as described in clause (i), is not less 
        than 20.
    ``(2)(A) Each State shall take such steps as are necessary to 
ensure that not less than 50 percent of the total number of visits made 
by caseworkers to children in foster care under the responsibility of 
the State during a fiscal year occur in the residence of the child 
involved.
    ``(B) If the Secretary determines that a State has failed to comply 
with subparagraph (A) for a fiscal year, then the percentage that would 
otherwise apply for purposes of subsection (a) for the fiscal year 
shall be reduced by--
            ``(i) 1, if the number of full percentage points by which 
        the State fell short of the percentage specified in 
        subparagraph (A) is less than 10;
            ``(ii) 3, if the number of full percentage points by which 
        the State fell short, as described in clause (i), is not less 
        than 10 and less than 20; or
            ``(iii) 5, if the number of full percentage points by which 
        the State fell short, as described in clause (i), is not less 
        than 20.''.
    (d) Technical Correction.--Section 423(b) of such Act (42 U.S.C. 
623(b)) is amended by striking ``per centum'' each place it appears and 
inserting ``percent''.

SEC. 3. EXTENSION OF PROGRAM TO PROMOTE SAFE AND STABLE FAMILIES.

    (a) In General.--Section 436 of the Social Security Act (42 U.S.C. 
629f) is amended--
            (1) in subsection (a), by striking all that follows 
        ``$345,000,000'' and inserting ``for each of fiscal years 2012 
        through 2016.''; and
            (2) in subsection (b)--
                    (A) in paragraph (2), by striking ``$30,000,000'' 
                and inserting ``$20,000,000'';
                    (B) in paragraph (4)(A), by striking ``433(e)'' and 
                all that follows and inserting ``433(e) $20,000,000 for 
                each of fiscal years 2012 through 2016.''; and
                    (C) in paragraph (5), by striking ``437(f)'' and 
                all that follows and inserting ``437(f) $20,000,000 for 
                each of fiscal years 2012 through 2016''.
    (b) Discretionary and Targeted Grants.--Section 437 of such Act (42 
U.S.C. 629g) is amended in each of subsections (a) and (f)(3)(A) by 
striking ``2007 through 2011'' and inserting ``2012 through 2016''.
    (c) Entitlement Funding for State Courts To Assess and Improve 
Handling of Proceedings Relating to Foster Care and Adoption.--Section 
438 of such Act (42 U.S.C. 629h) is amended--
            (1) in subsection (a)(2)(A), by inserting ``, including the 
        requirements in the Act related to concurrent planning and the 
        ability to bypass reunification efforts in certain egregious 
        situations'' before the semicolon;
            (2) in each of subsections (c)(1)(A) and (d), by striking 
        ``2002 through 2011'' and inserting ``2012 through 2016'';
            (3) in subsection (c)(2)(A)--
                    (A) by striking ``2006 through 2011'' and inserting 
                ``2012 through 2016''; and
                    (B) by striking ``the amount made available under 
                whichever of paragraph (1) or (2) of subsection (e) 
                applies with respect to the grant'' and inserting ``the 
                amount reserved pursuant to section 436(b)(2) (and the 
                amount, if any, reserved pursuant to section 
                437(b)(2))'';
            (4) in subsection (c)(2)(B), by striking ``the amount made 
        available under subsection (e) for such a grant'' and inserting 
        ``the amount reserved pursuant to section 436(b)(2) (and the 
        amount, if any, reserved pursuant to section 437(b)(2))''; and
            (5) by striking subsection (e).
    (d) Submission to Congress of State Summaries of Financial Data; 
Publication on Hhs Web Site.--Section 432(c) of such Act (42 U.S.C. 
629b(c)) is amended--
            (1) by striking all that precedes ``shall'' and inserting 
        the following:
    ``(c) Annual Submission of State Reports to Congress.--
            ``(1) In general.--The Secretary''; and
            (2) by adding after and below the end the following:
            ``(2) Information to be included.--The compilation shall 
        include the individual State reports and tables that synthesize 
        State information into national totals for each element 
        required to be included in the reports, including planned and 
        actual spending by service category for the program authorized 
        under this subpart and planned spending by service category for 
        the program authorized under subpart 1.
            ``(3) Public accessibility.--Not later than September 30 of 
        each year, the Secretary shall publish the compilation on the 
        Web site of the Department of Health and Human Services in a 
        location easily accessible by the public.''.
    (e) Elimination of References to Methamphetamines in Substance 
Abuse Grants.--Section 437(f) of such Act (42 U.S.C. 629g(f)) is 
amended--
            (1) in the subsection heading, by striking 
        ``Methamphetamine or Other'';
            (2) in each of paragraphs (1), (4)(A), (7)(A)(i), and 
        (9)(B)(iii), by striking ``methamphetamine or other''; and
            (3) in paragraph (7)--
                    (A) by striking ``shall--'' and all that follows 
                through ``(A) take'' and inserting ``shall take'';
                    (B) in subparagraph (A)(iv), by striking ``; and'' 
                and inserting a period;
                    (C) by striking subparagraph (B); and
                    (D) by redesignating clauses (i) through (iv) of 
                subparagraph (A) as subparagraphs (A) through (D), 
                respectively, and moving each of such provisions 2 ems 
                to the left.
    (f) Grants for Programs for Mentoring Children of Prisoners.--
Section 439 of such Act (42 U.S.C. 629i) is amended--
            (1) by striking subsection (a)(2) and inserting the 
        following:
            ``(2) Purpose.--The purpose of this section is to authorize 
        the Secretary to make competitive grants to applicants in areas 
        with substantial numbers of children of incarcerated parents, 
        in order to support the establishment or expansion and 
        operation of programs using a network of public and private 
        community entities to provide mentoring services for children 
        of prisoners.'';
            (2) in subsection (c)--
                    (A) by striking ``(i) for a fiscal year that remain 
                after applying subsection (i)(2)'' and inserting ``(h) 
                for a fiscal year that remain after applying subsection 
                (h)(2)''; and
                    (B) by striking ``2007 through 2011'' and inserting 
                ``2012 through 2016'';
            (3) by striking subsection (g);
            (4) in subsection (h)--
                    (A) in paragraph (1), by striking ``, including the 
                service delivery demonstration project authorized under 
                subsection (g)''; and
                    (B) in paragraph (2)--
                            (i) by striking subparagraph (B);
                            (ii) in subparagraph (C), by striking ``and 
                        how the evaluation has been expanded to include 
                        an evaluation of the demonstration project 
                        authorized under subsection (g)''; and
                            (iii) by redesignating subparagraphs (C) 
                        and (D) as subparagraphs (B) and (C), 
                        respectively;
            (5) in subsection (i)--
                    (A) in paragraph (1), by striking ``such sums as 
                may be necessary for fiscal years 2007 through 2011'' 
                and inserting ``$25,000,000 for each of fiscal years 
                2012 through 2016''; and
                    (B) in paragraph (2)--
                            (i) by striking all through ``The 
                        Secretary'' and inserting the following:
            ``(2) Reservation for research, technical assistance, and 
        evaluation.--The Secretary''; and
                            (ii) by striking subparagraph (B); and
            (6) by redesignating subsections (h) and (i) as subsections 
        (g) and (h), respectively.
    (g) Technical Corrections.--
            (1) Section 432(a)(8)(B) of the Social Security Act (42 
        U.S.C. 629b(a)(8)(B)) is amended in each of clauses (i) and 
        (ii) by striking ``forms CFS 101-Part I and CFS 101-Part II (or 
        any successor forms)'' and inserting ``form CFS-101 (including 
        all parts and any successor forms)''.
            (2) Section 433(c)(2) of the Social Security Act (42 U.S.C. 
        629c(c)(2)) is amended by striking ``benefits benefits'' each 
        place it appears and inserting ``benefits''.
            (3) Effective as if included in the enactment of the Safe 
        and Timely Interstate Placement of Foster Children Act of 2006, 
        section 8(b) of such Act (120 Stat. 513) is amended by striking 
        ``438(b) of such Act (42 U.S.C. 638(b))'' inserting ``438(b)(1) 
        of such Act (42 U.S.C. 629h(b)(1))''.

SEC. 4. DATA STANDARDIZATION FOR IMPROVED DATA MATCHING.

    (a) In General.--Part B of title IV of the Social Security Act (42 
U.S.C. 621-629i) is amended by adding at the end the following:

                     ``Subpart 3--Common Provisions

``SEC. 440. DATA STANDARDIZATION FOR IMPROVED DATA MATCHING.

    ``(a) Standard Data Elements.--
            ``(1) Designation.--The Secretary, in consultation with an 
        interagency work group established by the Office of Management 
        and Budget, and considering State perspectives, shall, by rule, 
        designate standard data elements for any category of 
        information required to be reported under this part.
            ``(2) Data elements must be nonproprietary and 
        interoperable.--The standard data elements designated under 
        paragraph (1) shall, to the extent practicable, be 
        nonproprietary and interoperable.
            ``(3) Other requirements.--In designating standard data 
        elements under this subsection, the Secretary shall, to the 
        extent practicable, incorporate--
                    ``(A) interoperable standards developed and 
                maintained by an international voluntary consensus 
                standards body, as defined by the Office of Management 
                and Budget, such as the International Organization for 
                Standardization;
                    ``(B) interoperable standards developed and 
                maintained by intergovernmental partnerships, such as 
                the National Information Exchange Model; and
                    ``(C) interoperable standards developed and 
                maintained by Federal entities with authority over 
                contracting and financial assistance, such as the 
                Federal Acquisition Regulations Council.
    ``(b) Data Standards for Reporting.--
            ``(1) Designation.--The Secretary, in consultation with an 
        interagency work group established by the Office of Management 
        and Budget, and considering State government perspectives, 
        shall, by rule, designate data reporting standards to govern 
        the reporting required under this part.
            ``(2) Requirements.--The data reporting standards required 
        by paragraph (1) shall, to the extent practicable--
                    ``(A) incorporate a widely accepted, non-
                proprietary, searchable, computer-readable format;
                    ``(B) be consistent with and implement applicable 
                accounting principles; and
                    ``(C) be capable of being continually upgraded as 
                necessary.
            ``(3) Incorporation of nonproprietary standards.--In 
        designating reporting standards under this subsection, the 
        Secretary shall, to the extent practicable, incorporate 
        existing nonproprietary standards, such as the eXtensible 
        Business Reporting Language.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 2012, and shall apply with respect to 
information required to be reported on or after such date.

SEC. 5. PROVISIONS RELATING TO FOSTER CARE OR ADOPTION.

    (a) Educational Stability for Each Foster Placement.--Section 
475(1)(G) of the Social Security Act (42 U.S.C. 675(1)(G)) is amended--
            (1) in clause (i), by striking ``the placement'' and 
        inserting ``each placement''; and
            (2) in clause (ii)(I), by inserting ``each'' before 
        ``placement''.
    (b) Study on Recruitment of and Support for Foster Parents, 
Adoptive Parents, and Kin Guardians.--
            (1) In general.--The Secretary of Health and Human Services 
        shall, in accordance with paragraph (2), conduct a study on the 
        recruitment of and support for families caring for children 
        served by any program funded under part E of title IV of the 
        Social Security Act (42 U.S.C. 670 et seq.), including foster 
        parents, adoptive parents, and kin guardians.
            (2) Contents of study.--The study shall include--
                    (A) a survey of foster parents, who care for 
                children served by any foster care program funded under 
                part E of title IV of the Social Security Act;
                    (B) an evaluation of the role of respite care 
                training and services;
                    (C) the identification of the capacity of respite 
                care service providers in each State;
                    (D) the identification of any barriers that limit 
                the ability of States to successfully recruit and 
                retain foster families in the foster care system;
                    (E) the identification of any barriers that limit 
                the ability of States to successfully recruit and 
                support adoptive parents and relative caregivers; and
                    (F) any other matters that the Secretary of Health 
                and Human Services deems appropriate for this study.
            (3) Report.--Within 3 years after the date of the enactment 
        of this Act, the Secretary of Health and Human Services shall 
        submit to Congress a report containing the findings of the 
        study required by paragraph (1), and such recommendations with 
        respect to the matters studied as the Secretary deems 
        appropriate.
    (c) Description of Adoption Spending.--Section 473(a)(8) of the 
Social Security Act (42 U.S.C. 673(a)(8)) is amended by inserting ``, 
and shall document how such amounts are spent, including on post-
adoption services'' before the period.

SEC. 6. EFFECTIVE DATE.

    (a) In General.--Except as otherwise provided in this Act, this Act 
and the amendments made by this Act shall take effect on October 1, 
2011, and shall apply to payments under parts B and E 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 or part E, 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.
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