[Congressional Record Volume 154, Number 43 (Thursday, March 13, 2008)]
[Senate]
[Pages S2151-S2153]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. LANDRIEU (for herself, Mr. Hagel, Ms. Snowe, Mr. Dodd, Mr. 
        Bayh, Mr. Kerry, Mr. Casey, Mr. Whitehouse, and Mr. Johnson):
  S. 2771. A bill to require the President to call a White House 
Conference on Children and Youth in 2010; to the Committee on Health, 
Education, Labor, and Pensions.
  Ms. LANDRIEU. Mr. President, I am pleased today to introduce with 
Senator Hagel legislation that would reinstate the White House 
Conference on Children and Youth. This Conference was originally 
created by President Theodore Roosevelt in 1909, and continued every 10 
years through 1970. Despite funding in 1981 and reauthorization 
legislation in 1990, no conference has been held since that 1970 
gathering. It is time to renew our commitment to America's children and 
resurrect the oldest White House Conference in U.S. history.
  Similar to the White House Conference on Aging, this symposium would 
be the culmination of nationwide events held over a 2-year span. Just 
as with the first White House Conference, this summit would focus on 
child welfare issues. The legislation authorizes a conference to be 
held in 2010, and establishes a bipartisan, bicameral policy committee, 
including members selected by the next administration. To promote and 
inform the conference and to engage stakeholders, State and local 
events would be held around the country in 2009. These events and the 
conference would focus specifically on child welfare including the 
range of issues from prevention, intervention to permanency including 
reunification, kinship care and adoption. Participants would also 
include state officials, court and legal representatives, providers, 
children, tribal representatives and other parties affected by or 
involved with the child welfare system. By connecting these 
stakeholders through this conference, we can improve the lives of 
children throughout the country.
  Previous conferences have led to major policy improvements in child 
welfare. The Children's Bureau was established after the first 
conference, and recommendations were made that deemphasized the 
institutionalization of children and encouraged the growth of adoption 
agencies. In 1919, the White House Conference initiated standards for 
child welfare, and ten years later it created a 19-point charter to 
address the needs of our children.
  We look forward to comparable achievements from the conference in 
2010, and hope that you will join with us in this effort.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2771

       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 ``White House Conference on 
     Children and Youth in 2010 Act''.

     SEC. 2. FINDINGS AND POLICY.

       (a) Findings.--Congress finds the following:
       (1) In 2005 there were over 3,000,000 reports of child 
     abuse and neglect. Only 60 percent of the children from the 
     substantiated reports received follow-up services, and 20 
     percent of such children were placed in foster care as a 
     result of an investigation.
       (2) Each year there are nearly 900,000 substantiated 
     reports of child abuse and neglect.
       (3) Each year approximately 60 percent of such 
     substantiated reports are reports of neglect, 30 percent are 
     physical or sexual abuse reports, and more than 20 percent 
     are reports that involve other forms of abuse.
       (4) Almost 500,000 children (including youth) were in 
     foster care at the end of fiscal year 2004 and nearly 800,000 
     spent at least some time in foster care during the year.
       (5) While 51,000 children are adopted from the foster care 
     system each year, more than 117,000 children are waiting to 
     be adopted.

[[Page S2152]]

       (6) Each year approximately 22,000 youth leave the foster 
     care system not because they have found permanent placements, 
     but because they have reached the age at which foster care 
     ends.
       (7) The child welfare system includes State and local 
     governments, tribal governments, child welfare agencies, 
     child welfare caseworkers, private agencies, social workers, 
     the courts, volunteer court-appointed special advocates, 
     mental health and health care professionals, educators, and 
     advocates.
       (8) There is an overrepresentation of certain populations, 
     including Native Americans and African-Americans, in the 
     child welfare system.
       (9) The number of children being raised by grandparents and 
     other relatives is increasing and exceeds 6,000,000 children. 
     The Government recognized that kinship care is a permanency 
     option through the enactment of the Adoption and Safe 
     Families Act of 1997.
       (10) The State courts make key decisions in the lives of 
     children involved in the child welfare system, including 
     decisions about whether children have been victims of child 
     abuse, whether parental rights should be terminated, and 
     whether children should be reunified with their families, 
     adopted, or placed in other settings.
       (11) The child welfare system will never fully address its 
     primary mission unless the courts are an integral and 
     functioning component of a statewide system of care and 
     protection.
       (b) Policy.--It is the policy of Congress that--
       (1) the Government should work jointly with the States and 
     their residents to develop recommendations and plans for 
     action to meet the challenges and needs of children and 
     families involved with the child welfare system, consistent 
     with this Act;
       (2) in developing such recommendations and plans, the 
     persons involved should emphasize the role of the Government, 
     State and local child welfare systems, State and local family 
     court systems, child welfare advocates, guardians, and other 
     key participants in such child welfare systems, with a goal 
     of enhancing and protecting the lives and well-being of 
     children and families who are involved with such child 
     welfare systems; and
       (3) Federal, State, and local programs and policies should 
     be developed to reduce the number of children who are abused 
     and neglected, to reduce the number of children in foster 
     care, and to dramatically increase the number of children in 
     permanent placements through family reunification, kinship 
     placement, and adoption.

     SEC. 3. AUTHORIZATION OF THE CONFERENCE.

       (a) Authority To Call the Conference.--The President shall 
     call a White House Conference on Children and Youth in 2010 
     (referred to in this Act as ``the Conference''), to be 
     convened not later than 18 months after the selection of the 
     last member of the Policy Committee established in section 4, 
     to encourage improvements in each State and local child 
     welfare system, and to develop recommendations for actions to 
     implement the policy set forth in section 2(b).
       (b) Planning and Direction.--The Secretary shall plan, 
     convene, and conduct the Conference in cooperation with the 
     heads of other appropriate Federal entities, including the 
     Attorney General, the Secretary of Education, and the 
     Secretary of Housing and Urban Development.
       (c) Purposes of the Conference.--The purposes of the 
     Conference are--
       (1) to identify the problems and challenges of child abuse 
     and neglect, and the needs of the children and families 
     affected by decisions made through the child welfare system;
       (2) to strengthen the use of research-based best practices 
     that can prevent child abuse and neglect with a special focus 
     on younger children;
       (3) to strengthen the use of research-based best practices 
     that can increase placement permanency for children removed 
     from their homes, including practices involving family 
     reunification, kinship placement, and adoption;
       (4) to promote the role of State and local family courts in 
     each State child welfare system;
       (5) to develop recommendations that will reduce the number 
     of children who are in out-of-home care and who fail to leave 
     foster care before the age of majority, and recommendations 
     that will reduce the over representation of certain 
     populations in the child welfare system;
       (6) to examine the role of the Government in building an 
     equal partnership with State, local, and tribal entities in 
     order to assist with, and encourage, State, local, and tribal 
     coordination;
       (7) to develop such specific and comprehensive 
     recommendations for State-level executive and legislative 
     action as may be appropriate for maintaining and improving 
     the well-being of children in such system; and
       (8) to review the status of recommendations regarding child 
     welfare made by previous White House conferences.

     SEC. 4. POLICY COMMITTEE.

       (a) Establishment.--There is established a Policy 
     Committee, which shall be comprised of 17 members to be 
     selected as follows:
       (1) Presidential appointees.--Nine members shall be 
     selected by the President and shall consist of--
       (A) 3 members who are officers or employees of the Federal 
     Government; and
       (B) 6 members, who may be officers or employees of the 
     Federal Government, with experience in the field of child 
     welfare, including providers and children directly affected 
     by the child welfare system.
       (2)  House of representative appointees.--
       (A) Majority appointees.--Two members shall be selected by 
     the Speaker of the House of Representatives, after 
     consultation with the chairpersons of the Committee on 
     Education and Labor, and the Committee on Ways and Means, of 
     the House of Representatives.
       (B) Minority appointees.--Two members shall be selected by 
     the minority leader of the House of Representatives, after 
     consultation with the ranking minority members of such 
     committees.
       (3) Senate appointees.--
       (A) Majority appointees.--Two members shall be selected by 
     the majority leader of the Senate, after consultation with 
     the chairpersons of the Committee on Health, Education, 
     Labor, and Pensions, and the Committee on Finance, of the 
     Senate.
       (B) Minority appointees.--Two members shall be selected by 
     the minority leader of the Senate, after consultation with 
     the ranking minority members of such committees.
       (b) Period of Appointment; Vacancies.--Members shall be 
     appointed for the life of the Policy Committee. Any vacancy 
     in the Policy Committee shall not affect its powers, but 
     shall be filled in the same manner as the original 
     appointment.
       (c) Voting; Chairperson.--
       (1) Voting.--The Policy Committee shall act by the vote of 
     a majority of the members present.
       (2) Chairperson.--The President shall select a chairperson 
     from among the members of the Policy Committee. The 
     chairperson may vote only to break a tie vote of the other 
     members of the Policy Committee.
       (d) Duties of Policy Committee.--
       (1) Meetings.--The Policy Committee shall hold its first 
     meeting at the call of the Secretary, not later than 30 days 
     after the last member is selected. Subsequent meetings of the 
     Policy Committee shall be held at the call of the chairperson 
     of the Policy Committee.
       (2) General duties.--Through meetings, hearings, and 
     working sessions, the Policy Committee shall--
       (A) make recommendations to the Secretary to facilitate the 
     timely convening of the Conference;
       (B) submit to the Secretary a proposed agenda for the 
     Conference not later than 90 days after the first meeting of 
     the Policy Committee;
       (C) determine the number of delegates to be selected in 
     accordance with section 5 and the manner by which the 
     delegates are to be selected in accordance with such section;
       (D) select delegates for the Conference; and
       (E) establish other advisory committees as needed to 
     facilitate Conference participation of--
       (i) professionals with direct experience providing services 
     to children and families in the child welfare system; and
       (ii) children and families in the child welfare system.
       (e) Powers of the Policy Committee.--
       (1) Information from federal agencies.--The Policy 
     Committee may secure directly from any Federal department or 
     agency such information as the Policy Committee considers 
     necessary to carry out this Act. Upon request of the 
     chairperson of the Policy Committee, the head of such 
     department or agency shall furnish such information to the 
     Policy Committee.
       (2) Postal services.--The Policy Committee may use the 
     United States mails in the same manner and under the same 
     conditions as other departments and agencies of the Federal 
     Government.
       (f) Personnel.--
       (1) Travel expenses.--The members of the Council shall not 
     receive compensation for the performance of services for the 
     Council, but shall be allowed travel expenses, including per 
     diem in lieu of subsistence, at rates authorized for 
     employees of agencies under subchapter I of chapter 57 of 
     title 5, United States Code, while away from their homes or 
     regular places of business in the performance of services for 
     the Council. Notwithstanding section 1342 of title 31, United 
     States Code, the Secretary may accept the voluntary and 
     uncompensated services of members of the Council.
       (2) Detail of government employees.--Any Federal Government 
     employee may be detailed to the Council without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.

     SEC. 5. CONFERENCE DELEGATES.

       To carry out the purposes of the Conference, the Secretary 
     shall convene delegates for the conference, who shall be 
     fairly balanced in terms of their points of view with respect 
     to child welfare, without regard to political affiliation or 
     past partisan activity, who shall include--
       (1) the directors of child welfare systems of the States;
       (2) members of the State and local family court systems, 
     representatives of the State bar associations, and attorneys 
     specializing in family law;
       (3) elected officials of State and local governments; and
       (4) advocates (including national and State organizations), 
     guardians, experts in the field of child welfare, families 
     and children (including youth) affected by the child welfare 
     system, and the general public.

[[Page S2153]]

     SEC. 6. CONFERENCE ADMINISTRATION.

       (a) Administration.--In conducting and planning the 
     Conference, the Secretary shall--
       (1) request the cooperation and assistance of the heads of 
     such other Federal entities as may be appropriate, including 
     the detailing of personnel;
       (2) furnish all reasonable assistance, including financial 
     assistance, not less than 18 months before the Secretary 
     convenes the Conference, to State child welfare systems, 
     State and local family court systems, and other appropriate 
     organizations, to enable them to organize and conduct State-
     level child welfare conferences in conjunction with and in 
     preparation for participation in the Conference;
       (3) prepare and make available for public comment a 
     proposed agenda, for the Conference, that reflects to the 
     greatest extent possible the major child welfare issues 
     facing child welfare systems and the courts, consistent with 
     the policy set forth in section 2(b);
       (4) prepare and make available background materials that 
     the Secretary determines to be necessary for the use of 
     delegates to the Conference; and
       (5) employ such additional personnel as may be necessary to 
     carry out this Act without regard to provisions of title 5, 
     United States Code, governing appointments in the competitive 
     service, and without regard to chapter 51 and subchapter III 
     of chapter 53 of such title, relating to classification and 
     General Schedule pay rates.
       (b) Duties.--In carrying out the Secretary's 
     responsibilities and functions under this section, the 
     Secretary shall ensure that--
       (1) the conferences held under subsection (a)(2) will--
       (A) be conducted so as to ensure broad participation of 
     individuals and groups; and
       (B) include conferences on Native Americans--
       (i) to identify conditions that adversely affect Native 
     American children in the child welfare system and to identify 
     Native American families who are at risk of entering such 
     system;
       (ii) to propose solutions to ameliorate such conditions; 
     and
       (iii) to provide for the exchange of information relating 
     to the delivery of services to Native American children in 
     the child welfare system and to Native American families who 
     are at risk of entering such system;
       (2) the proposed agenda for the Conference under subsection 
     (a)(3) is--
       (A) published in the Federal Register not less than 180 
     days before the Conference is convened; and
       (B) made available for public comment for a period of not 
     less than 60 days;
       (3) the final agenda for the Conference, prepared after the 
     Secretary takes into consideration comments received under 
     paragraph (2), is published in the Federal Register, and 
     transmitted to the chief executive officers of the States, 
     not later than 30 days after the close of the public comment 
     period required by paragraph (2);
       (4) the personnel employed under subsection (a)(5) are 
     fairly balanced in terms of their points of view with respect 
     to child welfare and are appointed without regard to 
     political affiliation or past partisan activity;
       (5) the recommendations of the Conference are not 
     inappropriately influenced by any public official or special 
     interest, but instead are the result of the independent and 
     collective judgment of the delegates of the Conference; and
       (6) before the Conference is convened--
       (A) current and adequate statistical data (including 
     decennial census data) and other information on the well-
     being of children in the United States; and
       (B) such information as may be necessary to evaluate 
     Federal programs and policies relating to children;

     which the Secretary may obtain by making grants to or 
     entering into agreements with, public agencies or nonprofit 
     organizations, are readily available in advance of the 
     Conference to the delegates.

     SEC. 7. REPORT OF THE CONFERENCE.

       (a) Proposed Report.--
       (1) Preparation.--After consultation with the Policy 
     Committee, the Secretary shall prepare a proposed report of 
     the Conference containing--
       (A) the results of the Conference, which shall include a 
     statement of comprehensive coherent national policy on State 
     child welfare systems (including the courts involved); and
       (B) recommendations of the Conference for the 
     implementation of such policy.
       (2) Publication and submission.--The proposed report shall 
     be published in the Federal Register, and submitted to the 
     chief executive officers of the States, not later than 60 
     days after the Conference adjourns.
       (b) Response to Proposed Report.--The Secretary shall 
     solicit recommendations about and other comments on the 
     proposed report, to be submitted not later than 180 days 
     after the publication of the report. The Secretary shall 
     request that the chief executive officers of the States 
     submit to the Secretary, not later than 180 days after 
     receiving the proposed report, their views and findings on 
     the proposed report.
       (c) Final Report.--Not later than 90 days after receiving 
     the comments, and the views and findings of the chief 
     executive officers of the States, under subsection (b), the 
     Secretary shall--
       (1) prepare a final report of the Conference, which shall 
     include--
       (A) a statement of the policy and recommendations of the 
     Conference;
       (B) a compilation of the comments, and the views and 
     findings of the chief executive officers of the States; and
       (C)(i) the recommendations of the Secretary for a 
     comprehensive coherent national policy on State child welfare 
     systems (including the courts involved), after taking into 
     consideration the comments, views, and findings; and
       (ii) the recommendations of the Secretary for the 
     administrative and legislative action necessary to implement 
     the recommendations described in clause (i); and
       (2) publish the final report in the Federal Register and 
     transmit the report to the President and to Congress.

     SEC. 8. DEFINITIONS AND REFERENCES.

       (a) Definitions.--In this Act:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (2) State.--The term ``State'' means any of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, Guam, American Samoa, the United States Virgin Islands, 
     and the Commonwealth of the Northern Marianas.
       (b) References.--In this Act, a reference to a child 
     welfare system of a State includes a reference to a child 
     welfare system of a tribal government.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated 
     $10,000,000 to carry out this Act.
       (b) Limitation on Appropriations.--Authority provided in 
     this Act to make expenditures or to enter into contracts 
     under which the United States is obligated to make outlays 
     shall be effective only to the extent that amounts are 
     provided, and only to the extent of the amounts provided, in 
     advance in appropriations Acts.
                                 ______