[Congressional Record Volume 170, Number 144 (Tuesday, September 17, 2024)]
[House]
[Pages H5259-H5270]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SUPPORTING AMERICA'S CHILDREN AND FAMILIES ACT
Mr. SMITH of Missouri. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 9076) to reauthorize and modernize part B of title
IV of the Social Security Act to strengthen child welfare services,
expand the availability of prevention services to better meet the needs
of vulnerable families, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 9076
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 ``Supporting America's
Children and Families Act''.
TITLE I--CHILD WELFARE REAUTHORIZATION AND MODERNIZATION
SEC. 101. SHORT TITLE; REFERENCES.
(a) Short Title.--This title may be cited as the
``Protecting America's Children by Strengthening Families
Act''.
(b) References.--Except as otherwise expressly provided,
wherever in this title an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to
that section or other provision of the Social Security Act.
SEC. 102. TABLE OF CONTENTS.
The table of contents of this title is as follows:
Sec. 101. Short title; references.
Sec. 102. Table of contents.
Sec. 103. Reauthorization of child welfare programs.
Sec. 104. Enhancements to the court improvement program.
Sec. 105. Expanding regional partnership grants to address parental
substance use disorder as cause of child removal.
Sec. 106. Modernization; reducing administrative burden.
Sec. 107. Streamlining funding for Indian tribes.
Sec. 108. Accelerating access to Family First prevention services.
Sec. 109. Strengthening support for youth aging out of foster care.
Sec. 110. Recognizing the importance of relative and kinship
caregivers.
Sec. 111. Avoiding neglect by addressing poverty.
Sec. 112. Strengthening support for caseworkers.
Sec. 113. Demonstration projects for improving relationships between
incarcerated parents and children in foster care.
Sec. 114. Guidance to States on improving data collection and reporting
for youth in residential treatment programs.
Sec. 115. Streamlining research, training, and technical assistance
funding.
Sec. 116. Report on post adoption and subsidized guardianship services.
Sec. 117. Effective date.
SEC. 103. REAUTHORIZATION OF CHILD WELFARE PROGRAMS.
(a) Reauthorization of Subpart 1; Discretionary Funding.--
Section 425 (42 U.S.C. 625) is amended by striking ``2017
through 2023'' and inserting ``2025 through 2029''.
(b) Reauthorization of Subpart 2; Enhanced Support.--
Section 436(a) (42 U.S.C. 629f(a)) is amended by striking
``each of fiscal years 2017 through 2023'' and inserting
``fiscal year 2025 and $420,000,000 for each of fiscal years
2026 through 2029''.
(c) Reauthorization of Subpart 2; Discretionary Funding.--
Section 437(a) (42 U.S.C. 629g(a)) is amended by striking
``2017 through 2023'' and inserting ``2025 through 2029''.
(d) Funding Limitation.--Section 423(a)(2)(A) (42 U.S.C.
623(a)(2)(A)) is amended by inserting ``, not to exceed
$10,000,000'' before the semicolon.
SEC. 104. ENHANCEMENTS TO THE COURT IMPROVEMENT PROGRAM.
(a) Increase in Reservation of Funds.--Section 436(b)(2)
(42 U.S.C. 629f(b)(2)) is amended by inserting ``for fiscal
year 2025 and $40,000,000 for fiscal year 2026 and each
succeeding fiscal year'' before ``for grants''.
(b) Extension of State Match Requirement.--Section 438(d)
(42 U.S.C. 629h(d)) is amended by striking ``2017 through
2023'' and inserting ``2025 through 2029''.
(c) Program Improvements.--Section 438(a) (42 U.S.C.
629h(a)) is amended--
(1) in paragraph (1), by adding at the end the following:
``(F) that determine the appropriateness and best practices
for use of technology to conduct remote hearings, subject to
participant consent, including to ensure maximum
participation of individuals involved in proceedings and to
enable courts to maintain operations in times of public
health or other emergencies;'';
(2) in paragraph (2)(C), by striking ``personnel.'' and
inserting ``personnel and supporting optimal use of remote
hearing technology; and''; and
(3) by adding at the end the following:
``(3) to ensure continuity of needed court services,
prevent disruption of the services, and enable their recovery
from threats such as public health crises, natural disasters
or cyberattacks, including through--
``(A) support for technology that allows court proceedings
to occur remotely subject to participant consent, including
hearings and legal representation;
``(B) the development of guidance and protocols for
responding to the occurrences and coordinating with other
agencies; and
``(C) other activities carried out to ensure backup systems
are in place.''.
(d) Implementation Guidance on Sharing Best Practices for
Technological Changes Needed for Remote Court Proceedings for
Foster Care or Adoption.--Section 438 (42 U.S.C. 629h) is
amended by adding at the end the following:
``(e) Guidance.--
``(1) In general.--Every 5 years, the Secretary shall issue
implementation guidance for sharing information on best
practices for--
``(A) technological changes needed for court proceedings
for foster care, guardianship, or adoption to be conducted
remotely in a way that maximizes engagement and protects the
privacy of participants; and
``(B) the manner in which the proceedings should be
conducted.
``(2) Initial issuance.--The Secretary shall issue initial
guidance required by paragraph (1) with preliminary
information on best practices not later than October 1, 2025.
``(3) Additional consultation.--The Secretary shall consult
with Indian tribes on the development of appropriate
guidelines for State court proceedings involving Indian
children to maximize engagement of Indian tribes and provide
appropriate guidelines on conducting State court proceedings
subject to the Indian Child Welfare Act of 1978 (25 U.S.C.
1901 et seq.).''.
SEC. 105. EXPANDING REGIONAL PARTNERSHIP GRANTS TO ADDRESS
PARENTAL SUBSTANCE USE DISORDER AS CAUSE OF
CHILD REMOVAL.
(a) Increase in Reservation of Funds.--Section 436(b)(5)
(42 U.S.C. 629f(b)(5)) is amended by striking ``each of
fiscal years 2017 through 2023'' and inserting ``fiscal year
2025 and $30,000,000 for fiscal year 2026 and each succeeding
fiscal year''.
(b) Reauthorization.--Section 437(f) (42 U.S.C. 629g(f)) is
amended--
(1) in paragraph (3)(A)--
(A) by striking ``In addition to amounts authorized to be
appropriated to carry out this section, the'' and inserting
``The''; and
(B) by striking ``2017 through 2023'' and inserting ``2025
through 2029''; and
(2) in paragraph (10), by striking ``for each of fiscal
years 2017 through 2023''.
(c) Authority to Waive Planning Phase.--Section
437(f)(3)(B)(iii) (42 U.S.C. 629g(f)(3)(B)(iii)) is amended--
(1) by striking all that precedes ``grant awarded'' and
inserting the following:
``(iii) Sufficient planning.--
``(I) In general.--A''; and
(2) by striking ``may not exceed $250,000, and''; and
[[Page H5260]]
(3) by adding after and below the end the following:
``(II) Exception.--The Secretary, on a case-by-case basis,
may waive the planning phase for a partnership that
demonstrates that the partnership has engaged in sufficient
planning before submitting an application for a grant under
this subsection.''.
(d) Expanding Availability of Evidence-based Services.--
(1) In general.--Section 437(f)(1) (42 U.S.C. 629g(f)(1))
is amended by inserting ``, and expand the scope of the
evidence-based services that may be approved by the
clearinghouse established under section 476(d)'' before the
period.
(2) Considerations for awarding grants.--Section 437(f)(7)
(42 U.S.C. 629g(f)(7)) is amended--
(A) by striking ``and'' at the end of subparagraph (D);
(B) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(C) by adding at the end the following:
``(F) have submitted information pursuant to paragraph
(4)(F) that demonstrates the capability to participate in
rigorous evaluation of program effectiveness.''.
(e) Technical Assistance on Using Regional Partnership
Grant Funds in Coordination With Other Federal Funds to
Better Serve Families Affected by a Substance Use Disorder.--
Section 435(d) (42 U.S.C. 629e(d)) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) use grants under section 437(f) in coordination with
other Federal funds to better serve families in the child
welfare system that are affected by a substance use
disorder.''.
(f) Performance Indicators.--Section 437(f)(8)(A) (42
U.S.C. 629g(f)(8)(A)) is amended in the 1st sentence--
(1) by striking ``this subsection'' the 1st place it
appears and inserting ``the Protecting America's Children by
Strengthening Families Act'';
(2) by inserting ``child permanency, reunification, re-
entry into care,'' before ``parental recovery''; and
(3) by inserting ``, and access to services for families
with substance use disorder, including those with children
who are overrepresented in foster care, difficult to place,
or have disproportionately low permanency rates'' before the
period.
(g) Performance Indicator Consultation Required.--Section
437(f)(8)(B) (42 U.S.C. 629g(f)(8)(B)) is amended by
redesignating clause (iii) as clause (iv) and inserting after
clause (ii) the following:
``(iii) The Administrator of the National Institute on Drug
Abuse.''.
(h) Reports to Congress.--Section 437(f)(9)(B) (42 U.S.C.
629g(f)(9)(B)) is amended--
(1) by striking ``and'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; and''; and
(3) by adding at the end the following:
``(iv) whether any programs funded by the grants were
submitted to the clearinghouse established under section
476(d) for review and the results of any such review.''.
(i) Priority for Statewide Service Growth.--Section
437(f)(7) (42 U.S.C. 629g(f)(7)), as amended by subsection
(d)(2) of this section, is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting ``; and''; and
(3) by adding at the end the following:
``(G) are a State or public agency, or outline a plan to
increase the availability of services funded under the grant
statewide.''.
(j) Addition of Juvenile Court as Required Partner.--
Section 437(f)(2)(A) (42 U.S.C. 629g(f)(2)(A)) is amended by
adding at the end the following:
``(iii) The most appropriate administrative office of the
juvenile court or State court overseeing court proceedings
involving families who come to the attention of the court due
to child abuse or neglect.''.
(k) Additional Optional Partner.--Section 437(f)(2)(C) (42
U.S.C. 629g(f)(2)(C)) is amended by redesignating clause (ix)
as clause (x) and inserting after clause (viii) the
following:
``(ix) State or local agencies that administer Federal
health care, housing, family support, or other related
programs.''.
(l) Conforming Amendments.--
(1) Section 437(f)(2)(D) (42 U.S.C. 629g(f)(2)(D)) is
amended--
(A) by adding ``and'' at the end of clause (i);
(B) by striking ``; and'' at the end of clause (ii) and
inserting a period; and
(C) by striking clause (iii).
(2) Section 437(f)(2) (42 U.S.C. 629g(f)(2)) is amended by
striking subparagraph (B) and redesignating subparagraphs (C)
and (D) as subparagraphs (B) and (C), respectively
SEC. 106. MODERNIZATION; REDUCING ADMINISTRATIVE BURDEN.
(a) In General.--Section 431 (42 U.S.C. 629a) is amended by
adding at the end the following:
``(c) Use of Technology.--
``(1) Use of portal.--The services referred to in
subsection (a) may include the means of access to and use of
an electronic or digital portal to facilitate the provision
of community support to care for and meet specific needs of
families and children.
``(2) Limitation.--Such a portal shall not retain or share
personally identifiable information about a beneficiary
without consent or for any purpose other than referral.''.
(b) Allowing Support for Family Resource Centers.--Section
431(a) (42 U.S.C. 629a(a)) is amended--
(1) in paragraph (2)(A), by inserting ``, including
services provided by family resource centers,'' before
``designed''; and
(2) by adding at the end the following:
``(10) Family resource center.--
``(A) In general.--The term `family resource center' means
a community or school-based hub of support services for
families that--
``(i) utilizes an approach that is multi-generational,
strengths-based, and family-centered;
``(ii) reflects, and is responsive to, community needs and
interests;
``(iii) provides support at no or low cost for
participants; and
``(iv) builds communities of peer support for families,
including kinship families, to develop social connections
that reduce isolation and stress.
``(B) Special rule.--For purposes of this subpart, an
expenditure for a service provided by a family resource
center may be treated as an expenditure for any 1 or more of
family support services, family preservation services, family
reunification services, or adoption promotion and support
services as long as the expenditure is related to serving the
children and families in the specified category and
consistent with the overall purpose of the category.''.
(c) Updating State Plan Requirement.--Section 422(b)(1) (42
U.S.C. 622(b)(1)) is amended to read as follows:
``(1) provide that a State agency will administer or
supervise the administration of the plan under this
subpart;''.
(d) Access to Legal Representation.--Section 422(b)(4) (42
U.S.C. 622(b)(4)) is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by adding ``and'' at the end of subparagraph (B); and
(3) by adding at the end the following:
``(C) the steps that the State will take to ensure that,
with respect to any judicial proceeding involving a child and
in which there is an allegation of child abuse or neglect,
including a proceeding on dependency, adoption, guardianship,
or termination of parental rights, information about
available independent legal representation is provided to--
``(i) the child, as appropriate; and
``(ii) any individual who is a parent or guardian, or has
legal custody, of the child;''.
(e) Supporting Mental Health and Well-being of Children in
Foster Care.--Section 422(b)(15)(A) (42 U.S.C. 622(b)(15) is
amended--
(1) in the matter preceding clause (i)--
(A) by inserting ``and, if applicable, the State agency
responsible for mental health services,'' before ``and in
consultation''; and
(B) by inserting ``mental health providers,'' before
``other experts'';
(2) in clause (ii), by inserting ``a list of services
provided to support the physical and'' before ``emotional'';
(3) in clause (iv), by inserting ``and mental health''
before ``services'';
(4) in clause (v), by inserting ``, informed consent of
youth, and compliance with professional practice guidelines''
before the semicolon; and
(5) in clause (vi), by inserting ``, licensed mental health
providers,'' before ``or other''.
(f) Reduction of Administrative Burden.--
(1) In general.--Subpart 3 of part B of title IV (42 U.S.C.
629m) is amended by redesignating section 440 as section 443
and inserting before such section the following:
``SEC. 441. REDUCTION OF ADMINISTRATIVE BURDEN.
``(a) In General.--The Secretary shall reduce the burden of
administering this part imposed on the recipients of funds
under this part, by--
``(1) reviewing and revising administrative data collection
instruments and forms to eliminate duplication and streamline
reporting requirements for the recipients while collecting
all data required under this part;
``(2) in coordination with activities required under the
Paperwork Reduction Act, conducting an analysis of the total
number of hours reported by the recipients to comply with
paperwork requirements and exploring, in consultation with
the recipients, how to reduce the number of hours required
for the compliance by at least 15 percent;
``(3) collecting input from the recipients with respect to
fiscal and oversight requirements and making changes to
ensure consistency with standards and guidelines for other
Federal formula grant programs based on the input; and
``(4) respecting the sovereignty of Indian tribes when
complying with this subsection.
``(b) Limitation on Applicability.--Subsection (a) of this
section shall not apply to any reporting or data collection
otherwise required by law that would affect the ability of
the Secretary to monitor and ensure compliance with State
plans approved under this part or ensure that funds are
expended consistent with this part.
``SEC. 442. PUBLIC ACCESS TO STATE PLANS.
``The Secretary shall--
``(1) create a standardized format for State plans required
under sections 422 and 432 used to monitor compliance with
those sections;
[[Page H5261]]
``(2) produce comparisons and analyses of trends in State
plans to inform future technical assistance and policy
development;
``(3) make the State plans available on a public website;
and
``(4) include on the website aggregated national summaries
of State submissions as the Secretary deems appropriate.''.
(2) Implementation.--Within 2 years after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall--
(A) comply with section 441 of the Social Security Act, as
added by the amendment made by paragraph (1); and
(B) notify each recipient of funds under part B of title IV
of the Social Security Act of any change made by the
Secretary pursuant to such section affecting the recipient.
(3) Report.--Within 3 years after the date of the enactment
of this Act, the Secretary of Health and Human Services shall
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a
report describing the efforts of the Secretary to comply with
section 441 of the Social Security Act, as added by the
amendment made by paragraph (1), including the specific
actions to comply with each paragraph of such section.
(g) Primary Prevention Partners.--Section 435(a)(2)(B) (42
U.S.C. 429e(a)(2)(B)) is amended by inserting ``including
community-based partners with expertise in preventing
unnecessary child welfare system involvement'' before the
semicolon.
SEC. 107. STREAMLINING FUNDING FOR INDIAN TRIBES.
(a) Subpart 1.--
(1) Tribal set-aside; direct payments to tribes; exemptive
authority.--
(A) In general.--Section 428 (42 U.S.C. 628) is amended by
striking subsections (a) and (b) and inserting the following:
``(a) Reservation of Funds; Direct Payments.--Out of any
amount appropriated pursuant to section 425 for a fiscal
year, the Secretary shall reserve 3 percent for grants to
Indian tribes and tribal organizations, which shall be paid
directly to Indian tribes and tribal organizations with a
plan approved under this subpart, in accordance with section
433(a).''.
(B) Conforming amendment.--Section 423(a) (42 U.S.C.
623(a)) is amended by striking ``the sum appropriated
pursuant to section 425 for each fiscal year'' and inserting
``for each fiscal year, the sum appropriated pursuant to
section 425 remaining after applying section 428(a)''.
(C) Technical amendment.--Section 428(c) (42 U.S.C. 628(c))
is amended by striking ``450b'' and inserting ``5304''.
(2) Improving compliance with the indian child welfare
act.--
(A) State plan requirement.--Section 422(b)(9) (42 U.S.C.
622(b)(9)) is amended by striking ``Act;'' and inserting
``Act of 1978, including how the State will ensure timely
notice to Indian tribes of State custody proceedings
involving Indian children, foster care or adoptive placements
of Indian children, and case recordkeeping as such matters
relate to transfers of jurisdiction, termination of parental
rights, and active efforts;''.
(B) Technical assistance.--Subpart 1 of part B of title IV
(42 U.S.C. 621 et seq.) is amended by adding at the end the
following:
``SEC. 429B. EFFECTIVE IMPLEMENTATION OF THE INDIAN CHILD
WELFARE ACT OF 1978.
``(a) In General.--Not later than October 1, 2025, the
Secretary, in consultation with Indian tribal organizations
and States, shall develop a plan and provide technical
assistance supporting effective implementation of the Indian
Child Welfare Act of 1978, including specific measures
identified in State plans as required by section 422(b)(9) of
this Act. The technical assistance plan shall be based on
data sufficient to assess State strengths and areas for
improvement in implementing Federal standards established
under the Indian Child Welfare Act of 1978, including, at a
minimum, the following:
``(1) Timely identification of Indian children and extended
family members.
``(2) Timely tribal notice of State child custody
proceedings involving an Indian child.
``(3) Reports of cases in which a transfer of jurisdiction
(as defined under the Indian Child Welfare Act of 1978) was
granted or was not granted, and reasons specified for denial
in cases where transfer was denied.
``(4) In cases in which a State court orders a foster care
placement of an Indian child, whether requirements for active
efforts to prevent the breakup of the Indian family,
testimony of a qualified expert witness, and evidentiary
standards were met.
``(5) Whether an Indian child was placed in a placement
that is required to be preferred under the Indian Child
Welfare Act of 1978, and if not, the reasons specified.
``(6) In cases in which a State court orders the
termination of parental rights to an Indian child, whether
requirements for active efforts to prevent the breakup of the
Indian family, testimony of a qualified expert witness, and
evidentiary standards were met.
``(b) Interagency Coordination.--On request of the
Secretary, the Secretary of the Interior shall provide the
Secretary with such guidance and assistance as may be
necessary to facilitate informing States and public child
welfare agencies on how to comply with the Indian Child
Welfare Act of 1978, including specific measures identified
in State plans as required by section 422(b)(9) of this Act.
``(c) Biennial Reports to Congress.--The Secretary shall
biennially submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate a written report on how--
``(1) the States are complying with the Indian Child
Welfare Act of 1978 and section 422(b)(9) of this Act, as
informed by data collected under this section; and
``(2) the Secretary is assisting States and Indian tribes
to improve implementation of Federal standards established
under the Indian Child Welfare Act of 1978.''.
(3) Reporting requirements; administrative costs.--
(A) In general.--Section 428 (42 U.S.C. 628) is amended by
redesignating subsection (c) as subsection (d) and inserting
before such subsection the following:
``(b) Authority to Streamline Reporting Requirements.--The
Secretary shall, in consultation with the affected Indian
tribes, modify any reporting requirement imposed by or under
this part on an Indian tribe, tribal organization, or tribal
consortium if the total of the amounts allotted to the Indian
tribe, tribal organization, or tribal consortium under this
part for the fiscal year is not more than $50,000, and in a
manner that limits the administrative burden on any tribe to
which not more than $50,000 is allotted under this subpart
for the fiscal year.
``(c) Tribal Authority to Substitute the Federal Negotiated
Indirect Cost Rate for Administrative Costs Cap.--For
purposes of sections 422(b)(14) and 424(e), an Indian tribal
organization may elect to have the weighted average of the
indirect cost rates in effect under part 220 of title 2, Code
of Federal Regulations with respect to the administrative
costs of the Indian tribal organization apply in lieu of the
percentage specified in each such section.''.
(B) Conforming amendments.--Section 431(a) (42 U.S.C.
629a(a)) is amended in each of paragraphs (5) and (6) by
striking ``428(c)'' and inserting ``428(d)''.
(b) Subpart 2.--
(1) Tribal plan exemption.--Section 432(b)(2)(B) (42 U.S.C.
629b(b)(2)(B)) is amended--
(A) by striking ``section 433(a)'' the 1st place it appears
and inserting ``sections 433(a) and 437(c)(1) combined''; and
(B) by striking ``section 433(a)'' the 2nd place it appears
and inserting ``such sections''.
(2) Application of tribal set-aside before other set-
asides.--Section 436(b)(3) (42 U.S.C. 429f(b)(3)) is amended
by striking ``After applying paragraphs (4) and (5) (but
before applying paragraphs (1) or (2)), the'' and inserting
``The''.
(3) Increase in funding for tribal court improvement
program.--Section 438(c)(3) (42 U.S.C. 629h(c)(3)) is amended
by inserting ``for fiscal year 2025, and $2,000,000 for each
of fiscal years 2026 through 2029,'' before ``for grants''.
SEC. 108. ACCELERATING ACCESS TO FAMILY FIRST PREVENTION
SERVICES.
(a) In General.--Section 435 (42 U.S.C. 629e) is amended by
adding at the end the following:
``(f) Prevention Services Evaluation Partnerships.--
``(1) Purpose.--The purpose of this subsection is to
authorize the Secretary to make competitive grants to support
the timely evaluation of--
``(A) services and programs described in section 471(e); or
``(B) kinship navigator programs described in section
474(a)(7).
``(2) Grants.--In accordance with applications approved
under this subsection, the Secretary may make grants, on a
competitive basis, to eligible entities to carry out projects
designed to evaluate a service or program provided by the
eligible entity, or an entity in partnership with the
eligible entity, with respect to the requirements for a
promising practice, supported practice, or well-supported
practice described in section 471(e)(4)(C).
``(3) Applications.--
``(A) In general.--An eligible entity may apply to the
Secretary for a grant under this subsection to carry out a
project that meets the following requirements:
``(i) The project is designed in accordance with paragraph
(2).
``(ii) The project is to be carried out by the applicant in
partnership with--
``(I) a State agency that administers, or supervises the
administration of, the State plan approved under part E, or
an agency administering the plan under the supervision of the
State agency; and
``(II) if the applicant is unable or unwilling to do so, at
least 1 external evaluator to carry out the evaluation of the
service or program provided by the applicant.
``(B) Contents.--The application shall contain the
following:
``(i) A description of the project, including--
``(I) a statement explaining why a grant is necessary to
carry out the project; and
``(II) the amount of grant funds that would be disbursed to
each entity described in subparagraph (A)(ii) in partnership
with the applicant.
``(ii) A certification from each entity described in
subparagraph (A)(ii) that provides assurances that the
individual or entity is in partnership with the applicant and
will fulfill the responsibilities of the entity specified in
the description provided pursuant to clause (i) of this
subparagraph.
[[Page H5262]]
``(iii) A certification from the applicant that provides
assurances that the applicant intends to comply with
subparagraph (A)(ii)(II), if applicable.
``(iv) At the option of the eligible entity, a
certification from the applicant that the applicant requires
an external evaluator secured by the Secretary pursuant to
paragraph (5), if applicable.
``(4) Priorities.--In approving applications under this
subsection, the Secretary shall prioritize the following:
``(A) Addressing, with respect to the clearinghouse of
practices described in section 476(d)(2), deficiencies or
gaps identified by the Secretary in consultation with--
``(i) States, political subdivisions of a State, and tribal
communities carrying out, or receiving the benefits of, a
service or program; and
``(ii) child welfare experts, including individuals with
lived experience.
``(B) Maximizing the number of evidence-based services or
programs to be included in the clearinghouse of practices
described in section 476(d)(2).
``(C) Timely completion of evaluations and the production
of evidence.
``(D) Supporting services or programs that are based on, or
are adaptations to new population settings of, a service or
program with reliable evidence about the benefits and risks
of the service or program.
``(5) Availability of external evaluators.--
``(A) In general.--Before accepting applications under this
subsection, the Secretary shall make reasonable efforts to
identify at least 1 entity to serve as an external evaluator
for any eligible entity that includes a certification under
paragraph (3)(B)(iv) with an application under this
subsection.
``(B) No effect on consideration of application.--The
Secretary may not consider whether an eligible entity is in
partnership with an external evaluator described in paragraph
(A) in approving an application under this subsection
submitted by the eligible entity.
``(6) Reports.--
``(A) By grant recipients.--Within 1 year after receiving a
grant under this subsection, and every year thereafter for
the next 5 years, the grant recipient shall submit to the
Secretary a written report on--
``(i) the use of grant funds;
``(ii) whether the program or service evaluated by the
project meets a requirement specified in section
471(e)(4)(C), including information about--
``(I) how the program or service is being carried out in
accordance with standards specified in the requirement;
``(II) any outcomes of the program or service; and
``(III) any outcome with respect to which the service or
program compares favorably to a comparison practice; and
``(iii) whether the Secretary has included the program or
service in an update to the clearinghouse of practices
described in section 476(d)(2).
``(B) By the secretary.--The Secretary shall submit to the
Committee on Ways and Means of the House of Representatives
and to the Committee on Finance of the Senate an annual
written report on--
``(i) the grants awarded under this subsection;
``(ii) the programs funded by the grants;
``(iii) any technical assistance provided by the Secretary
in carrying out this subsection, including with respect to
the efforts to secure external evaluators pursuant to
paragraph (5); and
``(iv) any efforts by the Secretary to support program
evaluation and review pursuant to section 471(e) and
inclusion of programs in the pre-approved list of services
and programs described in section 471(e)(4)(D) or the
clearinghouse of practices described in section 476(d)(2).
``(7) Funding.--
``(A) Limitations.--Of the amounts available to carry out
this subsection, the Secretary may use not more than 5
percent to provide technical assistance.
``(B) Carryover.--Amounts made available to carry out this
subsection shall remain available until expended.
``(8) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity' means
any of the following providing a service or program or, in
the sole determination of the Secretary, able to provide a
service or program if awarded a grant under this subsection:
``(i) A State, a political subdivision of a State, or an
agency or department of a State or political subdivision of a
State.
``(ii) An entity described in subparagraph (A) or (B) of
section 426(a)(1).
``(iii) An Indian tribe or tribal organization.
``(B) External evaluator.--The term `external evaluator'
means an entity with the ability and willingness to evaluate
a service or program pursuant to paragraph (2) that is not
provided by the entity.
``(C) Service or program.--The term `service or program'--
``(i) means a service or program described in section
471(e); and
``(ii) includes a kinship navigator program described in
section 474(a)(7).''.
(b) Funding.--Section 437(b) (42 U.S.C. 629g(b)) is amended
by adding at the end the following:
``(5) Preventive services evaluation partnerships.--The
Secretary shall reserve $5,000,000 for grants under section
435(f) for each of fiscal years 2026 through 2029.''.
SEC. 109. STRENGTHENING SUPPORT FOR YOUTH AGING OUT OF FOSTER
CARE.
(a) Caseworker Visits.--Section 422(b)(17) (42 U.S.C.
622(b)(17)) is amended by inserting ``, and include a
description of how the State may offer virtual caseworker
visits to youth in care who have attained the age of 18 years
and provided informed consent for virtual visits'' before the
semicolon.
(b) Youth and Family Engagement in Child Welfare Program
Planning.--Section 432(b)(1) (42 U.S.C. 629b(b)(1)) is
amended to read as follows:
``(1) In general.--The Secretary shall approve a plan that
meets the requirements of subsection (a) only if--
``(A) the plan was developed jointly by the Secretary and
the State, and the State, in developing the plan, consulted
with--
``(i) appropriate public and nonprofit private agencies;
``(ii) community-based organizations involved in providing
services for children and families in the areas of family
preservation, family support, family reunification, foster
care, kinship, and adoption promotion and support;
``(iii) parents with child welfare experience, foster
parents, adoptive parents, and kinship caregivers; and
``(iv) children, youth, and young adults with experience in
the child welfare system, including State boards and councils
comprised of youth with lived experience who represent the
diversity of children in the State to whom the plan would
apply; and
``(B) the State has made publicly accessible on a website
of the State agency a report that outlines how the State has
implemented the suggestions of the children and youth
referred to in subparagraph (A)(iv).''.
SEC. 110. RECOGNIZING THE IMPORTANCE OF RELATIVE AND KINSHIP
CAREGIVERS.
(a) In General.--Section 431(a) (42 U.S.C. 629a(a)), as
amended by section 106(b)(2) of this Act, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``children'' and inserting ``children,
youth,''; and
(ii) by striking ``adoptive and extended'' and inserting
``kinship and adoptive'';
(B) in subparagraph (D), by striking ``parents and other
caregivers (including foster parents)'' and inserting
``parents, kinship caregivers, and foster parents'';
(C) by striking ``and'' at the end of subparagraph (E);
(D) by striking the period at the end of subparagraph (F)
and inserting `` ; and''; and
(E) by adding at the end the following:
``(G)(i) peer-to-peer mentoring and support programs with
demonstrated experience fostering constructive relationships
between children and families and mentors with relevant lived
experience or interactions with the child welfare system; and
``(ii) for purposes of this subpart, an expenditure for a
service described in clause (i) may be treated as an
expenditure for any 1 or more of family support services,
family preservation services, family reunification services,
or adoption promotion and support services, as long as the
expenditure is related to serving the children and families
in the specified category and consistent with the overall
purpose of the category.'';
(2) in paragraph (2)(B)--
(A) in clause (i), by striking ``children'' and inserting
``children, youth,''; and
(B) in clause (ii), by striking ``extended'' and inserting
``kinship'';
(3) in paragraph (7)(A), by inserting ``with kinship
caregivers or'' before ``in a foster family home''; and
(4) by adding at the end the following:
``(11) Youth.--The term `youth' means an individual who has
not attained 26 years of age.''.
(b) Kinship Navigators.--
(1) In general.--Section 427 (42 U.S.C. 627) is amended--
(A) in the section heading, by striking ``family connection
grants'' and inserting ``kinship navigators'';
(B) in subsection (a)--
(i) in the matter preceding paragraph (1), by striking
``helping'' and inserting ``administering programs to help'';
(ii) by striking ``of--'' and all that follows through ``a
kinship'' and inserting ``of a kinship'';
(iii) in paragraph (1)(C)--
(I) by striking ``and'' at the end of clause (iii);
(II) by adding ``and'' at the end of clause (iv); and
(III) by adding at the end the following:
``(v) connections to individualized assistance, as
needed;'';
(iv) by striking paragraphs (2) through (4);
(v) by redesignating subparagraphs (A) through (G) of
paragraph (1) as paragraphs (1) through (7), respectively;
(vi) by redesignating clauses (i) through (iv) and clause
(v) (as added by clause (iii)(III) of this subparagraph) as
subparagraphs (A) through (E), respectively;
(vii) by moving each provision so redesignated 2 ems to the
left; and
(viii) by striking ``caregiving;'' and inserting
``caregiving.'';
(C) in subsection (b)--
(i) in paragraph (1), by striking ``1 or more of'';
[[Page H5263]]
(ii) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively, and inserting after paragraph (2)
the following:
``(3) a description of how the entity will directly fund,
or provide data to the Secretary for, an evaluation which
will publish and submit information to the clearinghouse
described in section 476(d)(2) and which is designed to meet
the requirements of section 471(e)(4)(C), or a description of
how the funds will be used to help the State transition to a
program for which the State will seek reimbursement under
section 474(a)(7);'';
(iii) in paragraph (4) (as so redesignated), by striking
``and'' at the end;
(iv) in paragraph (5) (as so redesignated), by striking the
period and inserting ``; and''; and
(v) by adding at the end the following:
``(6) if the entity is a State, local or tribal child
welfare agency--
``(A) documentation of support from a relevant community-
based organization with experience serving kinship families
when applicable; or
``(B) a description of how the organization plans to
coordinate its services and activities with those offered by
the relevant community-based organizations.'';
(D) by striking subsection (d) and inserting the following:
``(d) Federal Share.--An entity to which a grant is made
under this section may use the grant to pay not more than 75
percent of the cost of the activities to be carried out by
the entity pursuant to this section.'';
(E) in subsection (g)--
(i) by striking all that precedes ``2 percent'' and
inserting the following:
``(g) Reservation of Funds for Technical Assistance.--The
Secretary may reserve''; and
(ii) by striking ``subsection (h)'' the 2nd place it
appears and inserting ``section 437(b)(6)''; and
(F) by striking subsection (h).
(2) Reservation of discretionary funds.--Section 437(b) (42
U.S.C. 629g(b)), as amended by section 108(b) of this Act, is
amended by adding at the end the following:
``(6) Kinship navigators.--The Secretary shall reserve
$10,000,000 for grants under section 427 for each of fiscal
years 2026 through 2029.''.
(3) Conforming amendment.--Section 474(a)(7) (42 U.S.C.
674(a)(7)) is amended by striking ``427(a)(1)'' and inserting
``427(a)''.
SEC. 111. AVOIDING NEGLECT BY ADDRESSING POVERTY.
(a) Family Preservation Services.--Section 431(a)(1) (42
U.S.C. 629a(a)(1)), as amended by section 110(a)(1) of this
Act, is amended--
(1) in subparagraph (F), by striking ``and'' after the
semicolon;
(2) in subparagraph (G), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(H)(i) services providing nonrecurring short term
benefits (including supports related to housing instability,
utilities, transportation, and food assistance, among other
basic needs) that address immediate needs related to a
specific crisis, situation, or event affecting the ability of
a child to remain in a home established for the child that is
not intended to meet an ongoing need; and
``(ii) for purposes of this subpart, an expenditure for a
service described in clause (i) may be treated as an
expenditure for any 1 or more of family support services,
family preservation services, family reunification services,
or adoption promotion and support services as long as the
expenditure is related to serving the children and families
in the specified category and consistent with the overall
purpose of the category.''.
(b) State Plan Requirements.--Section 432(a) (42 U.S.C.
629b(a)) is amended--
(1) in paragraph (9), by striking ``and'' after the
semicolon;
(2) in paragraph (10), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(11) provides a description of policies in place,
including training for employees, to address child welfare
reports and investigations of neglect concerning the living
arrangements or subsistence needs of a child with the goal to
prevent the separation of a child from a parent of the child
solely due to poverty, to ensure access to services described
in section 431(a)(1)(H).''.
SEC. 112. STRENGTHENING SUPPORT FOR CASEWORKERS.
(a) Reauthorization of, and Increase in Funding for,
Caseworker Visits.--Section 436(b)(4)(A) (42 U.S.C.
629f(b)(4)(A)) is amended by striking ``each of fiscal years
2017 through 2023'' and inserting ``fiscal year 2025 and
$26,000,000 for fiscal year 2026 and each succeeding fiscal
year''.
(b) Minimum Grant Amount.--Section 433(e) (42 U.S.C.
629c(e)) is amended by striking paragraphs (1) and (2) and
inserting the following:
``(1) Base allotment.--From the amount reserved pursuant to
section 436(b)(4)(A) for any fiscal year, the Secretary shall
first allot to each State (other than an Indian tribe) that
has provided to the Secretary such documentation as may be
necessary to verify that the jurisdiction has complied with
section 436(b)(4)(B)(ii) during the fiscal year, a base
allotment of $100,000, and shall then allot to each of those
States an amount determined in paragraph (2) or (3) of this
subsection, as applicable.
``(2) Territories.--From the amount reserved pursuant to
section 436(b)(4)(A) for any fiscal year that remains after
applying paragraph (1) of this subsection for the fiscal
year, the Secretary shall allot to each jurisdiction
specified in subsection (b) of this section to which a base
allotment is made under such paragraph (1) 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).
``(3) Other states.--From the amount reserved pursuant to
section 436(b)(4)(A) for any fiscal year that remains after
applying paragraphs (1) and (2) of this subsection for the
fiscal year, the Secretary shall allot to each State (other
than an Indian tribe) not specified in subsection (b) of this
section to which a base allotment was made under paragraph
(1) of this subsection an amount equal to such remaining
amount multiplied by the supplemental nutrition assistance
program benefits 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)(3)' shall be substituted for `such paragraph
(1)'.''.
(c) Requirement to Use Funds to Improve Quality of
Caseworker Visits With Foster Children.--Section
436(b)(4)(B)(i) (42 U.S.C. 629f(b)(4)(B)(i)) is amended to
read as follows:
``(i) In general.--A State to which an amount is paid from
amounts reserved under subparagraph (A) shall use the amount
to improve the quality of monthly caseworker visits with
children who are in foster care under the responsibility of
the State, with an emphasis on--
``(I) reducing caseload ratios and the administrative
burden on caseworkers, to improve caseworker decision making
on the safety, permanency, and well-being of foster children
and on activities designed to increase retention,
recruitment, and training of caseworkers;
``(II) implementing technology solutions to streamline
caseworker duties and modernize systems, ensuring improved
efficiency and effectiveness in child welfare services;
``(III) improving caseworker safety;
``(IV) mental health resources to support caseworker well-
being, including peer-to-peer support programs; and
``(V) recruitment campaigns aimed at attracting qualified
caseworker candidates.''.
(d) Elimination of Cost-share Penalty Tied to Monthly
Caseworker Visit Standard.--Section 424(f) (42 U.S.C. 624(f))
is amended--
(1) by striking ``(1)(A)''; and
(2) by striking paragraphs (1)(B) and (2).
SEC. 113. DEMONSTRATION PROJECTS FOR IMPROVING RELATIONSHIPS
BETWEEN INCARCERATED PARENTS AND CHILDREN IN
FOSTER CARE.
(a) In General.--Section 439 (42 U.S.C. 629i) is amended to
read as follows:
``SEC. 439. STATE PARTNERSHIP PLANNING AND DEMONSTRATION
GRANTS TO SUPPORT MEANINGFUL RELATIONSHIPS
BETWEEN FOSTER CHILDREN AND THE INCARCERATED
PARENTS OF THE CHILDREN.
``(a) Authority.--
``(1) In general.--The Secretary may make demonstration
grants to eligible State partnerships to develop, implement,
and provide support for programs that enable and sustain
meaningful relationships between covered foster children and
the incarcerated parents of the children.
``(2) Payment of annual installments.--The Secretary shall
pay each demonstration grant in 5 annual installments.
``(3) 1-year planning grants.--The Secretary may make a
planning grant to a recipient of a demonstration grant, to be
paid to the recipient 1 year before payment of the 1st annual
installment of the demonstration grant and in an amount not
greater than any installment of the demonstration grant, if--
``(A) the recipient includes a request for a planning grant
in the application under subsection (c); and
``(B) the Secretary determines that a planning grant would
assist the recipient and improve the effectiveness of the
demonstration grant.
``(b) Eligible State Partnership Defined.--
``(1) In general.--In this section, the term `eligible
State partnership' means an agreement entered into by, at a
minimum, the following:
``(A) The State child welfare agency responsible for the
administration of the State plans under this part.
``(B) The State agency responsible for adult corrections.
``(2) Additional partners.--For purposes of this section,
an eligible State partnership may include any entity with
experience in serving incarcerated parents and their
children.
``(3) Partnerships entered into by indian tribes or tribal
consortia.--Notwithstanding paragraph (1), if an Indian tribe
or tribal consortium enters into a partnership pursuant to
this section that does not consist solely of tribal child
welfare agencies (or a consortium of the agencies), the
partnership shall be considered an eligible State partnership
for purposes of this section.
``(c) Application Requirements.--An eligible State
partnership seeking a demonstration grant under this section
to carry out a program described in subsection (a)(1) shall
submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require. The application shall include the following:
``(1) A summary of the program, including how the program
will support a meaningful
[[Page H5264]]
relationship between a covered foster child and an
incarcerated parent of the child.
``(2) A description of the activities to be carried out by
the program, which must include all of the activities
described in subsection (d) that are in the best interest of
the covered foster child.
``(3) A framework for identifying--
``(A) each covered foster child eligible for services under
the program, including, to the extent practicable,
coordination of data between relevant State child welfare
agencies and court systems; and
``(B) the roles and responsibilities of the entities in the
partnership.
``(4) Documentation that the applicant is an eligible State
partnership.
``(5) Assurances that the applicant will participate fully
in the evaluation described in subsection (f)(2) and shall
maintain records for the program, including demographic
information disaggregated by relevant characteristics with
respect to covered foster children and incarcerated parents
who participate in the program.
``(d) Program Activities.--To the extent that the
activities are in the best interest of the covered foster
child, the activities referred to in subsection (c)(2) shall
include the following:
``(1) Revision of policies.--Through consultation with
incarcerated parents and their families, grantees shall
promote organizational policies of participating child
welfare entities and collaborating correctional facilities to
promote meaningful relationships through regular and
developmentally appropriate communication and visitation
between covered foster children and the incarcerated parents,
including, when appropriate, the following:
``(A) For child welfare entities--
``(i) inclusion of parents in case planning and decision
making for children;
``(ii) regular sharing of information and responses to
requests for information between caseworkers and incarcerated
parents with respect to the case information of a child, any
changes to a case, permanency plans, requirements to maintain
parental rights, and any efforts to terminate parental
rights;
``(iii) appropriate opportunities for incarcerated parents
to demonstrate their relationship with a covered foster child
given their incarceration, including training and courses
required for a service plan; and
``(iv) the enhanced visitation described in paragraph (2).
``(B) For correctional facilities, fostering visitation and
communication that is developmentally appropriate in terms
of--
``(i) the nature of communication and visitation,
including--
``(I) the ability to physically touch parents;
``(II) engaging with parents in locations that are
appropriate for the age and development of the child;
``(III) exchanging items that are appropriate to the age
and development of the child, include expectations that are
appropriate for the age and development of the child related
to behavior, attire, and wait times; and
``(IV) allowing appropriate adults to bring children if
legal guardians are not available to promote regular contact;
``(ii) reasonable inclusion of all children of the parent;
``(iii) communication and visitation at times when the
children are available;
``(iv) security procedures to comfort children and be
minimally invasive; and
``(v) promoting parent-child relationships regardless of
the sentence imposed on the parent.
``(2) Enhanced visitation.--
``(A) Grantees shall facilitate weekly communication and,
for at least 9 days each year, in-person visitation between a
covered foster child and any incarcerated parent of the
child.
``(B) Electronic visitation (such as live video visits,
phone calls, and recorded books) may be used but shall not be
the sole method to promote a meaningful relationship for
purposes of the grant.
``(C) Enhanced visitation programs shall--
``(i) integrate best practices for visitation programs with
incarcerated parents and their children;
``(ii) adopt developmentally appropriate visitation
policies and procedures such as those described in paragraph
(1)(B);
``(iii) reduce or eliminate the cost of developmentally
appropriate communication and visitation for the covered
foster child, which may include the purchase of communication
technology, covering transportation, insurance, and lodging
costs, costs related to providing appropriate visitation
spaces and activities, and other relevant costs;
``(iv) to the extent practicable, integrate appropriate
parenting education to help prepare and process visits; and
``(v) avoid restricting visitation and communication as a
punishment for the incarcerated parents.
``(3) Training.--Grantees shall incorporate ongoing
training for child welfare workers, correctional facility
staff, and other program providers to understand the
importance of promoting meaningful relationships between
children and incarcerated parents.
``(4) Case management.--Grantees shall provide case
management services for the incarcerated parents of a covered
foster child to promote the relationship, access to services,
and coordination with the caseworkers of the covered foster
child to strengthen the relationship.
``(5) Legal assistance.--Grantees shall facilitate access
to necessary legal services and may use grant funds for
services that are not reimbursable under other Federal
programs.
``(e) Federal Share.--The Federal share of the cost of any
activity carried out using a grant made under this section
shall be not greater than 75 percent.
``(f) Technical Assistance, Evaluations, and Reports.--
``(1) Technical assistance.--The Secretary shall provide
technical assistance with respect to grants under this
section, including by--
``(A) assisting grantees in understanding best practices in
promoting meaningful relationships between incarcerated
parents and their children as well as consulting with
appropriate stakeholders when developing their programs;
``(B) assisting grantees with establishing and analyzing
implementation and performance indicators; and
``(C) conducting an annual technical assistance and
training meeting and an annual grantee meeting so that
grantees can learn from the experiences of other grantees.
``(2) Evaluations.--The Secretary shall conduct an
evaluation of program outcomes, including with respect to
parent and child well-being, parent-child interactions,
parental involvement, awareness of child development and
parenting practices, placement stability, and termination of
parental rights with respect to covered foster children and
incarcerated parents, to measure program effectiveness, as
determined by the Secretary, and identify opportunities for
improved program practices and implementation.
``(3) Reports to the congress.--
``(A) Initial report.--Not later than 3 years after the
date of the enactment of this section, the Secretary shall
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a
report that includes--
``(i) the number of applications for grants under this
section;
``(ii) the number of grants awarded, and the amounts for
each grant; and
``(iii) information on the grants, including--
``(I) interim results of the evaluation described in
paragraph (2);
``(II) disaggregated data on covered foster children and
incarcerated parents;
``(III) information on the composition of eligible State
partnerships;
``(IV) best practices for facilitating meaningful
relationships between covered foster children and
incarcerated parents; and
``(V) barriers to implementation or expansion of programs
funded under this section.
``(B) Final report.--Not later than 6 years after the date
of the enactment of this section, the Secretary shall submit
to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a
report that includes--
``(i) the final results of the evaluation described in
paragraph (2); and
``(ii) recommendations for refinements to grant
requirements to improve program outcomes.
``(g) Authority of Secretary With Respect to Indian Tribes
and Tribal Organizations.--
``(1) Waiver or modification of requirements.--In making a
grant to an Indian tribe or tribal organization under this
section, the Secretary may waive the matching requirement of
subsection (e) or modify an application requirement imposed
by or under subsection (c) if the Secretary determines that
the waiver or modification is appropriate to the needs,
culture, and circumstances of the Indian tribe or tribal
organization.
``(2) Evaluation.--The Secretary shall use tribally
relevant data in carrying out the evaluation under subsection
(f)(2) with respect to an Indian tribe or tribal
organization.
``(h) Limitations on Authorization of Appropriations.--
There is authorized to be appropriated to the Secretary not
more than $35,000,000 for each of fiscal years 2026 through
2029 to carry out this section.
``(i) Definition of Covered Foster Child.--In this section,
the term `covered foster child' means a child that--
``(1) is in foster care; and
``(2) has at least 1 parent incarcerated in a Federal,
State, or local correctional facility.''.
(b) Conforming Amendments.--
(1) Section 431(a)(2)(B)(vii) (42 U.S.C.
629a(a)(2)(B)(vii)) is amended by striking ``(as defined in
section 439(b)(2))''.
(2) Section 431(a) (42 U.S.C. 629a(a)), as amended by
sections 106(b)(2) and 110(a)(4) of this Act, is amended by
adding at the end the following:
``(12) Mentoring.--The term `mentoring' means a structured,
managed program in which children are appropriately matched
with screened and trained adult volunteers for one on-one
relationships, involving meetings and activities on a regular
basis, intended to meet, in part, the child's need for
involvement with a caring and supportive adult who provides a
positive role model.''.
SEC. 114. GUIDANCE TO STATES ON IMPROVING DATA COLLECTION AND
REPORTING FOR YOUTH IN RESIDENTIAL TREATMENT
PROGRAMS.
Within 2 years after the date of the enactment of this Act,
the Secretary of Health and Human Services, in consultation
with the Department of Education, the Administration for
Children and Families, the Centers for Medicare and Medicaid
Services, the
[[Page H5265]]
Administration for Community Living, the Department of
Justice, and other relevant policy experts, as determined by
the Secretary, shall issue and disseminate, or update and
revise, as applicable, guidance to State agencies in
administering State plans approved under parts B and E of
title IV of the Social Security Act on the following:
(1) Best practices for Federal and State agencies to
collect data and share information related to the well-being
of youth residing in residential treatment facilities,
including those facilities operating in multiple States or
serving out-of-state youth.
(2) Best practices on improving State collection and
sharing of data related to incidences of maltreatment of
youth residing in residential treatment facilities, including
with respect to meeting the requirement of section
471(a)(9)(A) of such Act for such youth in foster care.
(3) Best practices on improving oversight of youth
residential programs receiving Federal funding, and research-
based strategies for risk assessment related to the health,
safety, and well-being of youth in the facilities.
SEC. 115. STREAMLINING RESEARCH, TRAINING, AND TECHNICAL
ASSISTANCE FUNDING.
(a) Repurposing Discretionary Research Set-aside.--Section
435(c) (42 U.S.C. 629e(c)) is amended to read as follows:
``(c) Evaluation, Research, and Technical Assistance With
Respect to Targeted Program Resources.--Of the amount
reserved under section 437(b)(1) for a fiscal year, the
Secretary shall use not less than--
``(1) $1,000,000 for technical assistance to grantees under
section 437(f) and to support design of local site
evaluations with the goal of publishing and submitting
evaluation findings to the clearinghouse established under
section 476(d), or to award grants to allow current or former
grantees under section 437(f) to analyze, publish, and submit
to the clearinghouse data collected during past grants; and
``(2) $1,000,000 for technical assistance required under
section 429B of this Act to support effective implementation
of the Indian Child Welfare Act of 1978 and to support
development of associated State plan measures described
pursuant to section 422(b)(9) of this Act.''.
(b) Elimination of Research Set-aside From Mandatory
Funds.--
(1) In general.--Section 436(b) (42 U.S.C. 629f(b)), as
amended by the preceding provisions of this Act, is amended
by striking paragraph (1) and redesignating paragraphs (2)
through (5) as paragraphs (1) through (4), respectively.
(2) Conforming amendments.--
(A) Section 433(a) (42 U.S.C. 629c(a)) is amended by
striking ``436(b)(3)'' and inserting ``436(b)(2)''.
(B) Section 433(e) (42 U.S.C. 629c(e)), as amended by
section 112(b) of this Act, is amended by striking
``436(b)(4)(A)'' and inserting ``436(b)(3)(A)'' each place it
appears.
(C) Section 434(a)(2)(A) (42 U.S.C. 629d(a)(2)(A)) is
amended by striking ``436(b)(4)(B)'' and inserting
``436(b)(3)(B)''.
(D) Section 437(b)(1) (42 U.S.C. 629g(b)(1)) is amended by
striking ``436(b)(1)'' and inserting ``435''.
(E) Section 437(f)(3) (42 U.S.C. 629g(f)(3)) is amended by
striking ``436(b)(5)'' and inserting ``436(b)(4)''.
(F) Section 438(c) (42 U.S.C. 629g(c)) is amended in each
of paragraphs (1) through (3) is amended by striking
``436(b)(2)'' and inserting ``436(b)(1)''.
SEC. 116. REPORT ON POST ADOPTION AND SUBSIDIZED GUARDIANSHIP
SERVICES.
(a) In General.--Within 2 years after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall prepare and submit to the Committee on Ways
and Means of the House of Representatives and the Committee
on Finance of the Senate a report on children who enter into
foster care under the supervision of a State administering a
plan approved under part B or E of title IV of the Social
Security Act after finalization of an adoption or legal
guardianship.
(b) Information.--The Secretary shall include in the report
information, to the extent available through the Adoption and
Foster Care Analysis and Reporting System and other data
sources, regarding the incidence of adoption disruption and
dissolution affecting children described in subsection (a)
and factors associated with such circumstances, including--
(1) whether affected individuals received pre- or post-
legal adoption services; and
(2) other relevant information, such as the age of the
child involved.
(c) Post-adoption Services and Guardianship.--The Secretary
shall include in the report--
(1) a summary of post-adoption services and guardianship in
each State that are available to families that adopted
children from foster care and the extent to which the
services are evidence-based or evidence-informed.
(2) a summary of funding and funding sources for the
services in each State, including set-asides under the
Promoting Safe and Stable Families program.
SEC. 117. EFFECTIVE DATE.
(a) In General.--The amendments made by this title shall
take effect on October 1, 2025, 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.
(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 part
B of title IV of the Social Security Act to meet the
additional requirements imposed by the amendments made by
this title, 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. For purposes of the preceding
sentence, 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) Application to Programs Operated by Indian Tribal
Organizations.--In the case of an Indian tribe, tribal
organization, or tribal consortium that the Secretary of
Health and Human Services determines requires time to take
action necessary to comply with the additional requirements
imposed by the amendments made by this Act (whether the
tribe, organization, or tribal consortium has a plan under
section 479B of the Social Security Act or a cooperative
agreement or contract entered into with a State), the
Secretary shall provide the tribe, organization, or tribal
consortium with such additional time as the Secretary
determines is necessary for the tribe, organization, or
tribal consortium to take the action to comply with the
additional requirements before being regarded as failing to
comply with the requirements.
TITLE II--STRENGTHENING STATE AND TRIBAL CHILD SUPPORT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Strengthening State and
Tribal Child Support Enforcement Act''.
SEC. 202. IMPROVING THE EFFECTIVENESS OF TRIBAL CHILD SUPPORT
ENFORCEMENT AGENCIES.
(a) Improving the Collection of Past-due Child Support
Through State and Tribal Parity in the Allowable Use of Tax
Information.--
(1) Amendment to the social security act.--Section 464 of
the Social Security Act (42 U.S.C. 664) is amended by adding
at the end the following:
``(d) Applicability to Indian Tribes and Tribal
Organizations Receiving a Grant Under This Part.--This
section, except for the requirement to distribute amounts in
accordance with section 457, shall apply to an Indian tribe
or tribal organization receiving a grant under section 455(f)
in the same manner in which this section applies to a State
with a plan approved under this part.''.
(2) Amendments to the internal revenue code.--
(A) Section 6103(a)(2) of the Internal Revenue Code of 1986
is amended by striking ``any local child support enforcement
agency'' and inserting ``any tribal or local child support
enforcement agency''.
(B) Section 6103(a)(3) of such Code is amended by inserting
``, (8)'' after ``(6)''.
(C) Section 6103(l) of such Code is amended--
(i) in paragraph (6)--
(I) by striking ``or local'' in subparagraph (A) and
inserting ``tribal, or local'';
(II) by striking ``and local'' in the heading thereof and
inserting ``tribal, and local'';
(III) by striking ``The following'' in subparagraph (B) and
inserting ``The'';
(IV) by striking the colon and all that follows in
subparagraph (B) and inserting a period; and
(V) by adding at the end the following:
``(D) State, tribal, or local child support enforcement
agency.--For purposes of this paragraph, the following shall
be treated as a State, tribal, or local child support
enforcement agency:
``(i) Any agency of a State or political subdivision
thereof operating pursuant to a plan described in section 454
of the Social Security Act which has been approved by the
Secretary of Health and Human Services under part D of title
IV of such Act.
``(ii) Any child support enforcement agency of an Indian
tribe or tribal organization receiving a grant under section
455(f) of the Social Security Act.'';
(ii) in paragraph (8)--
(I) in subparagraph (A), by striking ``or State or local''
and inserting ``, State, tribal, or local'';
(II) in subparagraph (B), by striking ``enforced pursuant
to a plan described'' and all that follows through ``of such
Act'' and inserting ``enforced pursuant to the provisions of
part D of title IV of the Social Security Act'';
(III) by adding at the end of subparagraph (B) the
following: ``The information disclosed to any child support
enforcement agency under subparagraph (A) with respect to any
individual with respect to whom child support obligations are
sought to be established or enforced may be disclosed by such
agency to any agent of such agency which is under contract
with such agency for purposes of, and to the extent necessary
in, establishing and collecting child support obligations
from, and locating, individuals owing such obligations.'';
(IV) by striking subparagraph (C) and inserting the
following:
``(C) State, tribal, or local child support enforcement
agency.--For purposes of this paragraph, the term `State,
tribal, or local child support enforcement agency' has the
same meaning as when used in paragraph (6)(D).''; and
[[Page H5266]]
(V) by striking ``and local'' in the heading thereof and
inserting ``tribal, and local''; and
(iii) in paragraph (10)(B), by adding at the end the
following new clause:
``(iii) The information disclosed to any child support
enforcement agency under subparagraph (A) with respect to any
individual with respect to whom child support obligations are
sought to be established or enforced may be disclosed by such
agency to any agent of such agency which is under contract
with such agency for purposes of, and to the extent necessary
in, establishing and collecting child support obligations
from, and locating, individuals owing such obligations.''.
(D) Section 6103(p)(4) of such Code is amended--
(i) by striking ``subsection (l)(10), (13)(A), (13)(B),
(13)(C), (13)(D)(i), (16), (18), (19), or (20), or any
entity'' in the matter preceding subparagraph (A) and
inserting ``subsection (l)(6), (8), (10), (13)(A), (13)(B),
(13)(C), (13)(D)(i), (16), (18), (19), or (20), or any Indian
tribe or tribal organization receiving a grant under section
455(f) of the Social Security Act, or any entity'';
(ii) by striking ``subsection (l)(10)'' in subparagraph
(F)(i) and inserting ``subsection (l)(6), (8), (10)'';
(iii) by striking ``subsection (l)(10), (13)(A), (13)(B),
(13)(C), (13)(D)(i), (16), (18), (19), or (20) or any
entity'' each place it appears in the matter following
subparagraph (F)(iii) and inserting ``subsection (l)(6), (8),
(10), (13)(A), (13)(B), (13)(C), (13)(D)(i), (16), (18),
(19), or (20), or any Indian tribe or tribal organization
receiving a grant under section 455(f) of the Social Security
Act, or any entity''; and
(iv) by inserting ``, (8)'' after ``paragraph (6)(A)'' in
the matter following subparagraph (F)(iii).
(E) Section 6103(p)(9) of such Code is amended by striking
``or local'' and inserting ``tribal, or local''.
(F) Section 6402(c) of such Code is amended by adding at
the end the following: ``For purposes of this subsection, any
reference to a State shall include a reference to any Indian
tribe or tribal organization receiving a grant under section
455(f) of the Social Security Act.''.
(b) Reimbursement for Reports.--Section 453(g) of the
Social Security Act (42 U.S.C. 653(g)) is amended--
(1) in the subsection heading, by striking ``State''; and
(2) by striking ``and State'' and inserting ``, State, and
tribal''.
(c) Technical Amendments.--Paragraphs (7) and (33) of
section 454 of the Social Security Act (42 U.S.C. 654) are
each amended by striking ``450b'' and inserting ``5304''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Missouri (Mr. Smith) and the gentleman from Illinois (Mr. Davis) each
will control 20 minutes.
The Chair recognizes the gentleman from Missouri.
General Leave
Mr. SMITH of Missouri. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days to revise and extend their remarks and
submit extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Missouri?
There was no objection.
Mr. SMITH of Missouri. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, title IV-B of the Social Security Act provides critical
resources to protect the safety and well-being of children in foster
care and gives States, Tribes, and territories flexibility to invest in
prevention services to keep vulnerable families together whenever
possible.
Unfortunately, this program's authorization expired in 2021, and the
program has remained largely unchanged since 2008. We have a
responsibility to make sure programs are meeting the current needs of
families and children who need it most. This reauthorization modernizes
title IV-B child welfare and increases accountability.
Right now, there are nearly 400,000 children in foster care and over
20,000 who age out of foster care each year.
The Ways and Means Committee has worked over the last year to conduct
a top-to-bottom review of America's child welfare system. We have held
four hearings and numerous meetings with stakeholders to better
understand where there are gaps and how to bring this program up to
date to better serve America's children.
I represent one of the poorest congressional districts in the
country, and before I came to Congress, I practiced family law and saw
firsthand how our child welfare system can put undue strain on
families.
That is why I particularly appreciate the opportunity to have worked
with Representative Gwen Moore in introducing legislation, included in
this bill, that prevents child services from taking children away from
their families simply because they live in poverty. I think about the
families separated in Missouri over the years not because of abuse or
neglect, but because they could not afford to pay a bill or new clothes
for their kids. It is not right, and this bill corrects that.
The bipartisan legislation before us today is the result of those
efforts. It will not only help address the needs of children in foster
care but also support early intervention to help families stay
together. The Protecting America's Children by Strengthening Families
Act, introduced by the chair and ranking member of our Work and Welfare
Subcommittee, Darin LaHood and Danny Davis, reauthorizes title IV-B
for 5 years and makes significant reforms to modernize the program.
Specifically, this bill reduces the administrative burden by dialing
back paperwork and reporting requirements that are hamstringing
caseworkers.
It streamlines funding to improve access for Indian Tribes.
It helps to prevent abuse and neglect and ensures that children are
not separated from their parents solely on the basis of poverty.
It addresses the caseworker crisis by improving access to training.
It strengthens the support systems for the 2.5 million grandparents
and relatives who provide kinship care to children who might otherwise
enter foster care.
It also improves outcomes for youth transitioning from foster care
into adulthood.
This bill also includes important legislation from Representative
Hern of Oklahoma that would strengthen the tools available to States
and Tribes to ensure millions of families receive the child support
that they are owed. That bill would prevent the IRS from blocking State
child support agencies from using contractors to administrator their
child support enforcement program.
Representative Hern's bill, the Strengthening State and Tribal Child
Support Enforcement Act, will harmonize Federal laws so States can
continue carrying out necessary child support payment collections and
allow Tribal child support agencies to direct access to the same tools.
This bill avoids additional significant costs that would be incurred by
both States and Tribes should the IRS policy go into place as it is
scheduled to do on October 1.
Mr. Speaker, I urge my colleagues to support this critical
legislation, and I reserve the balance of my time.
Mr. DAVIS of Illinois. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of the Supporting America's Children
and Families Act which now includes two bipartisan bills reported out
of the Ways and Means Committee. The first bill would improve and
invest in the child welfare services funded under title IV-B of the
Social Security Act. The second bill would ensure that State and Tribal
child support agencies can continue their work collecting child support
obligations.
I thank Chairman LaHood and Chairman Smith for their hard work and
willingness to work with all of us to reauthorize and improve title IV-
B of the Social Security Act. I am delighted that today we advance this
important bipartisan step forward for our most vulnerable children and
families.
This bill would increase guaranteed funding for the MaryLee Allen
Promoting Safe and Stable Families Program for the first time since
2006, providing meaningful new resources to make sure that all children
are in safe, loving, and permanent homes.
The bill includes good ideas from Members on both sides of the aisle
and from the experts who work with us to prioritize child well-being in
our work. Indeed, 228 national, State, and local organizations support
this bill.
The bill provides modest but critical funding for services all along
the child welfare continuum. In addition to providing essential new
funding for both State and Tribal child welfare agencies to support
families, this bill includes numerous, significant investments and
policy updates that improve child safety and well-being.
For example, it invests in aiding kinship caregivers in finding
needed resources and in evidence-based programs that successfully help
parents
[[Page H5267]]
overcome substance abuse disorders to safely care for their children.
It increases funding for Tribal child welfare programs while
respecting Tribal sovereignty and monitoring State engagement with the
Indian Child Welfare Act. It updates our policies to help ensure that
parents and children have access to independent legal representation in
child welfare court proceedings, a key factor to address racial
disparities in child welfare.
This bill also provides for a new demonstration project to promote
meaningful relationships between foster youth and their incarcerated
parents. I have personally witnessed the power of these relationships
to change lives for both children and parents, and I thank Chairman
LaHood and my colleagues for working with me to help these families.
In addition, the bill amends section 6103 of the Internal Revenue
Code to bring parity to Tribal and State child support services
agencies and to ensure that State agencies can continue their work.
I recognize the leadership of Representatives Gwen Moore, Suzan
DelBene, and Kevin Hern on these provisions. I know that agencies
across the country and in my home State of Illinois are eager for us to
enact this provision quickly to resolve a longstanding discrepancy in
interpretation about the use and definition of contractors assisting
child support agencies. The bill strengthens the ability of State,
Tribal, and local child support agencies to serve families.
Both the substance of this bill and the true collaboration in both
policy areas, child welfare and child support, represent a great step
forward.
Mr. Speaker, I urge my colleagues to support its passage, and I
reserve the balance of my time.
{time} 1600
Mr. SMITH of Missouri. Mr. Speaker, I yield such time as he may
consume to the gentleman from Illinois (Mr. LaHood), the chairman of
the Subcommittee on Work and Welfare.
Mr. LaHOOD. Mr. Speaker, I thank the gentleman from Missouri (Mr.
Smith) for his leadership and guidance in bringing this bill through
the Committee on Ways and Means and to the floor here today.
Mr. Speaker, I rise in strong support of this bill, Supporting
America's Children and Families Act. As chairman of the House Ways and
Means Subcommittee on Work and Welfare, I am proud that this important
legislation demonstrates our bipartisan commitment to supporting
vulnerable children and parents.
H.R. 9076 includes two pieces of legislation. Title I contains the
Protecting America's Children by Strengthening Families Act, which I am
proud to have introduced alongside the gentleman from Illinois (Mr.
Davis), my fellow Illinoisan, ranking member, and friend, to
reauthorize and improve the title IV-B program. The bill authorizes and
reforms this critical child welfare program to support the safety and
well-being of children in foster care.
The second bill, introduced by the gentleman from Oklahoma (Mr.
Hern), my friend, will ensure States and Tribes have the tools
necessary to continue to collect child support on behalf of millions of
families across the country.
This combined legislation is the result of a yearlong investigation
and five committee hearings to learn from stakeholders, parents,
States, and Tribes.
Based on that work, we have been able to include bipartisan reforms
that will improve child welfare and strengthen child support
enforcement across the country, all with the net result of a reduction
in direct Federal spending of $136 million over 10 years.
I repeat: a reduction in direct Federal spending of $136 million over
10 years.
I take seriously the Subcommittee on Work and Welfare's
responsibility to ensure we have a strong safety net for the nearly
400,000 children in foster care who have experienced the trauma and
hardships of abuse and neglect. This 5-year reauthorization modernizes
the program and expands what we know is working.
In government, we often add to programs over time in our quest for
improvement. Regrettably, though, this approach often results in
fragmented and complex systems that burden administrators and hinder
families from receiving the support they desperately need.
This legislation before us tackles that issue and represents the most
significant reform and investment in child welfare since 1993. Bills
which were the foundation of what we are voting on here today were
introduced by 19 Members from both sides of the aisle.
This bill will specifically save taxpayer dollars through early
intervention to keep families together, whenever possible, and reduce
the need for foster care. It removes ineffective requirements and
ensures States are accountable for matching Federal funds. It frees up
more time for States and caseworkers to focus on families by requiring
HHS to reduce administrative burdens by 15 percent. It expands access
for Tribal communities by streamlining funding. It builds support
systems for the 2.5 million grandparents and relatives serving as
kinship caregivers, and strengthens post-adoption services to ensure
children waiting for adoption find stable, loving homes.
This child welfare reauthorization has been endorsed by more than 200
organizations, including our county, State, and Tribal partners, as
well as organizations representing former foster youth with lived
experience.
Title II of the legislation before us includes the Strengthening
State and Tribal Child Support Enforcement Act, which I am proud to
have cosponsored with the gentleman from Oklahoma (Mr. Hern), the
gentleman from Arizona (Mr. Schweikert), the gentleman from
Pennsylvania (Mr. Smucker), the gentlewoman from Washington (Ms.
DelBene), and the gentlewoman from Wisconsin (Ms. Moore).
A key tool used to collect past-due child support is the Treasury
Offset Program. This program allows States to collect past-due
obligations by intercepting Federal tax refunds from noncustodial
parents.
Last year, 5 percent, or $1.5 billion, was collected for families
through this program. Unfortunately, a statutory conflict threatens to
cut off access to this important child support enforcement tool for 42
States.
Absent a legislative change by October 1 of 2024, States and the
Federal Government face hundreds of millions in new costs, and millions
of families could lose vital child support payments.
The legislation before us today will formally authorize State use of
contractors while maintaining protections on the privacy of Federal
taxpayer information.
Further, this bill authorizes Tribal access, providing much-needed
parity for Tribal enforcement agencies.
I thank the gentleman from Oklahoma (Mr. Hern) for his leadership on
this bill. This legislation has garnered endorsements from State and
Tribal organizations across the country, including 26 sitting
Governors.
The well-being and safety of America's children and struggling
families is an area of common interest for both Republicans and
Democrats. This legislation demonstrates what we can achieve when we
work together. I thank the gentleman from Illinois (Mr. Davis) for his
continued partnership and leadership on these issues.
Mr. Speaker, in closing, I acknowledge all of the members of the
Subcommittee on Work and Welfare and the full Committee on Ways and
Means for their valuable contribution and input on this important
legislation.
Mr. DAVIS of Illinois. Mr. Speaker, I yield 1 minute to the gentleman
from Connecticut (Mr. Larson), the ranking member of the Subcommittee
on Social Security.
Mr. LARSON of Connecticut. Mr. Speaker, I thank the gentleman from
Illinois (Mr. Davis) for yielding me time, and I congratulate the
gentleman on this outstanding piece of legislation.
In my youth, I had the opportunity as then-president of the senate in
the State of Connecticut to work with Dr. Edward Zigler, commonly
referred to as the ``father of Head Start'' and really the person who
came up with the concept and idea of family resource centers.
He looked out around the country and saw schoolhouses, and he saw
them in communities where everybody attended and worked and said:
Wouldn't that be a great idea?
[[Page H5268]]
What he understood most, of course, is that childcare is family care.
That is something that the gentleman from Illinois (Mr. Davis) has
exemplified in my time with him on the Ways and Means Committee, and I
am proud to be associated with the gentleman, this bill, and the work
and effort of Dr. Edward Zigler of Yale University.
Mr. SMITH of Missouri. Mr. Speaker, I yield such time as he may
consume to the gentleman from Oklahoma (Mr. Hern).
Mr. HERN. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, I rise today in favor of H.R. 9076. I am very pleased
that this legislation is coming to the House floor today.
The Supporting America's Children and Families Act includes two
pieces of legislation that are important, not just to me, but to my
home State of Oklahoma.
The first is the Strengthening State and Tribal Child Support
Enforcement Act. This policy finally allows Tribes who run their own
child support enforcement programs to access Treasury offset programs.
There are 38 federally recognized Tribes in my home State of Oklahoma,
10 of which run their own child support enforcement agencies.
I would highlight this policy has the support of the National Tribal
Child Support Association and the National Association of Tribal Child
Support Directors.
Not only does this policy help Tribes efficiently run their child
support enforcement programs, but States will be allowed to continue to
use the third-party contractors to help run their child support
enforcement programs. Child support enforcement is not a partisan
issue. It is the right thing for Congress to do. Without this fix, we
risk States having to bring all child support enforcement services in-
house, costing hundreds of millions of dollars, along with the
immediate pause of child support programs to millions of families, an
absolutely devastating outcome. We cannot let this happen to our
families.
Mr. Speaker, I urge all of my colleagues to support this piece of
legislation to help the children that are growing up to be this
country's next generation because it truly is about the children.
This legislation also includes the Tribal Welfare Support Act, which
allows child welfare funds from title IV-B to be paid directly to
Tribes, reducing the regulatory burden for both States and Tribes.
Right now, child welfare payments are made to Tribes through two
different funding allocations, one of which goes through States rather
than directly to Tribal guarantees, an outdated and fragmented system
that needs to be updated.
The Tribal Child Welfare Support Act modernizes this process so that
title IV-B recipients can spend more time helping their children and
families, and less time wading through the red tape.
The Supporting America's Children and Families Act passed unanimously
out of the Committee on Ways and Means and contains priorities that
will help families and children all over this country.
Mr. Speaker, I urge all of my colleagues on both sides of the aisle
to support this piece of legislation today.
Mr. DAVIS of Illinois. Mr. Speaker, I yield 2 minutes to the
gentlewoman from Wisconsin (Ms. Moore), one of the most serious
antipoverty advocates that I know.
Ms. MOORE of Wisconsin. Mr. Speaker, I thank the gentleman for
yielding me time.
Mr. Speaker, I associate myself with all of the comments that have
been made today in describing the importance of these bills and getting
us one step closer to a really healthy, robust title IV-B
reauthorization and putting that into law.
I especially thank the gentleman from Illinois (Mr. Davis), the
ranking member of the Subcommittee on Work and Welfare, and the
gentleman from Missouri (Mr. Smith), the chairman of the Subcommittee
on Work and Welfare, for bringing us here today.
As the chairwoman of the bipartisan Congressional Caucus on Foster
Youth, I am so grateful that so many of our priorities of the
bipartisan caucus were addressed in this package, including ensuring
that poverty is not synonymous with neglect; including enhancing peer-
to-peer mentoring; listening to the voices of those with experience in
the welfare system; supporting youth as they transition out of foster
care; giving a larger, broader platform to considering kinship
caregiving as opposed to removing children from homes; improving our
child support collection mechanisms; and strengthening the Indian Child
Welfare Act.
This package includes a much-needed, albeit small, increase in title
IV-B dollars. Whatever way it is sliced, we can't make the system
better or work the way we want without making investments.
One of my main priorities in Congress has been to make sure that
poverty is not synonymous with neglect, and I was so very proud to work
with the gentleman from Missouri (Mr. Smith) during the reauthorization
effort to include this provision in the bill before us.
The SPEAKER pro tempore (Mr. Valadao). The time of the gentlewoman
has expired.
Mr. DAVIS of Illinois. Mr. Speaker, I yield an additional 2 minutes
to the gentlewoman from Wisconsin.
Ms. MOORE of Wisconsin. Mr. Speaker, I thank the gentleman for
yielding me additional time.
Mr. Speaker, I was proud to work with the gentleman to require that
States receiving these Federal dollars to identify and implement
policies that would prevent family separation solely based on poverty.
I am so proud to have worked on the provision to make sure that those
with lived experience in the foster youth system are included in the
development of State plans.
It is also critically important that we are passing the part of this
legislation, the Strengthening State and Tribal Support Act, that piece
of the legislation championed by the gentleman from Oklahoma (Mr.
Hern). I have joined him in cosponsoring this bill to improve a key
mechanism for enforcing child support orders, and that is intercepting
State tax refunds.
Mr. Speaker, child support payments are vital to child well-being and
development, and they help fight child poverty and keeping both parents
engaged in supporting their child.
Tribes are currently unable to directly request that tax refunds be
garnished for child support, and States have problems, as well, with
these hindrances. This is also a direct affront to Tribal sovereignty
not to be able to provide these services directly. I am so glad that
these provisions have been included.
Lastly, Mr. Speaker, I include in the Record a letter from those 27
Governors, including Wisconsin's own Tony Evers, in support of the
provisions which they argue will support the ability of State, Tribal,
and local child support agencies to adequately service families.
Hon. Charles E. Schumer,
Majority Leader, U.S. Senate,
Washington, DC.
Hon. Mitch McConnell,
Minority Leader, U.S. Senate,
Washington, DC.
Hon. Mike Johnson,
Speaker, House of Representatives,
Washington, DC.
Hon. Hakeem Jeffries
Minority Leader, House of Representatives,
Washington, DC.
Dear Majority Leader Schumer, Minority Leader McConnell,
Speaker Johnson, and Minority Leader Jeffries: As governors
from across the nation, we urge you to pass the bipartisan
Strengthening State and Tribal Child Support Act (H.R. 7906),
which will help support the ability of state, Tribal, and
local child support agencies to serve families in each of our
states.
Maintaining states' and Tribes' ability to perform child
support enforcement via federal tax offset is vital to
ensuring the well-being of over 12 million children currently
receiving the services of the child support program. It is
critical that states and Tribes do not lose the ability to
perform this essential action.
Background
Federal law requires child support agencies to access
federal tax information (FTI) for establishment and
enforcement purposes, including the federal tax refund offset
program. Child support agencies across the country contract
with private partners for this and a variety of critical
services, including management of state disbursement units,
which are responsible for disbursement of all child support
funds collected in a state, as well as technology services
related to the maintenance and development of child support
case management systems.
The Internal Revenue Service (IRS) has determined that
direct access to FTI by Tribal child support programs is
prohibited under current law and that contractor access to
FTI is limited. Until last year, IRS audits of
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child support programs held those federal tax information
findings in abeyance while waiting for a legislative
solution.
The IRS and the federal Office of Child Support Services
(OCSS) had agreed for decades to allow contractor access to
FTI for the sole purpose of establishing and enforcing child
support obligations as long as contractors adhered to
stringent measures to ensure that confidential information
remained protected. Importantly, contractors have never
breached the extensive confidentiality requirements. A
legislative solution to this issue is long overdue.
Legislative Solution
Introduced by Representative Kevin Hern (R-Oklahoma) and
lead cosponsors Representatives Gwen Moore (D-Wisconsin) and
Suzan DelBene (D-Washington), H.R. 7906 resolves a long-
standing discrepancy in interpretation under the Internal
Revenue Code of the use and definition of contractors, who
are integral to assisting child support agencies in
establishing and enforcing child support obligations. The
companion to H.R. 7906, S. 3154, was introduced in the Senate
by Senator John Thune (R-South Dakota) and Senator Ron Wyden
(D-Oregon).
The federal tax refund offset program collects tens of
millions in current and past due child support every year.
These vital funds for children across the nation are in
jeopardy if resolution to this discrepancy is not addressed.
Based on preliminary cost estimates obtained from child
support program directors across the country, absent this
legislative solution, compliance with IRS requirements would
total over $1 billion nationally in additional costs for
child support programs each year. These are the additional
administrative costs associated with bringing current vendor-
provided services in-house. The legislation would also
provide Tribes with direct access to federal tax information
to offset federal tax refunds from parents owing support to
their children and allow them to obtain vital information to
establish and enforce child support for children served by
tribal child support agencies.
Bipartisan, Bicameral, Stakeholder Support
After many months of review and negotiation, this important
effort and bill as introduced has earned bipartisan support
and a nearly identical bill is pending in the Senate.
Additionally, the IRS and the Office of Child Support
Services were meaningfully engaged and involved throughout
the process and supported the provisions. The four national
associations representing state and Tribal child support
agencies also support the bill.
This legislative fix clarifying the use of contractors
provides administrative certainty for all agencies and
provides Tribes with direct access to tax refund offsets,
giving them another tool to support children and families. We
support the passage of H.R 7906 to avoid disruption in these
essential services.
Sincerely,
Governor Tony Evers, Wisconsin.
Governor Mike DeWine, Ohio.
Governor Kay Ivey, Alabama.
Governor Gavin Newsom, California.
Governor Ned Lamont, Connecticut.
Governor Josh Green, M.D., Hawaii.
Governor Laura Kelly, Kansas.
Governor Wes Moore, Maryland.
Governor Gretchen Whitmer, Michigan.
Governor Katie Hobbs, Arizona.
Governor Jared Polis, Colorado.
Governor John Carney, Delaware.
Governor J.B. Pritzker, Illinois.
Governor Janet Mills, Maine.
Governor Maura Healey, Massachusetts.
Governor Mike Parson, Missouri.
Governor Phil Murphy, New Jersey.
Governor Doug Burgum, North Dakota.
Governor Josh Shapiro, Pennsylvania.
Governor Kristi Noem, South Dakota.
Governor Phil Scott, Vermont.
Governor Mark Gordon, Wyoming.
Governor Michelle Lujan Grisham, New Mexico.
Governor Tina Kotek, Oregon.
Governor Dan McKee, Rhode Island.
Governor Spencer Cox, Utah.
Governor Jay Inslee, Washington.
Mr. SMITH of Missouri. Mr. Speaker, I yield such time as he may
consume to the gentleman from Pennsylvania (Mr. Smucker).
Mr. SMUCKER. Mr. Speaker, I thank the gentleman from Missouri (Mr.
Smith) for yielding and his work on this very important piece of
legislation. I thank the gentleman from Illinois (Mr. Davis), the
ranking member of the Subcommittee on Work and Welfare, as well as the
gentleman from Illinois (Mr. LaHood), the chairman of the Subcommittee
on Work and Welfare, for their work on this legislation.
Mr. Speaker, I rise in strong support of H.R. 9076, the Supporting
America's Children and Families Act.
{time} 1615
One pillar of this bill reauthorizes the title IV-B program, which
underpins much of the child welfare system and provides funding to
States for community-based and prevention-oriented programs and
services. At the time we are reauthorizing, we take that opportunity to
learn how we can improve. The improvements that are included today in
that reauthorization will make a difference in the lives of many
children and families throughout the country.
I am very pleased that included in this package are four bills that I
introduced after receiving input from providers and others in my
community and district. After hearing from individuals and witnesses in
hearings about this package, it will include policies to allow IV-B
dollars to support kinship families, reduce the administrative burden
on State and Tribal child welfare agencies, support caseworkers, and
gather data on the effectiveness of post-adoptive services.
The other pillar of this bill would ensure that States can utilize
contractors to support their child welfare programs, which is a vital
flexibility that the two counties that I represent, Lancaster and York
Counties in Pennsylvania, take advantage of to ensure steady child
support payments.
H.R. 9076 aims to provide vital resources to families in need with
the goal of preventing them from needing the foster care system in the
first place and helping to maintain healthy families, which are the
cornerstone of our society.
Mr. Speaker, for these reasons, I urge my colleagues to vote ``yes''
on this bill.
Mr. DAVIS of Illinois. Mr. Speaker, I have no further requests for
time, and I reserve the balance of my time.
Mr. SMITH of Missouri. Mr. Speaker, I yield such time as he may
consume to the gentleman from Indiana (Mr. Yakym).
Mr. YAKYM. Mr. Speaker, I thank the chairman for yielding.
Mr. Speaker, I rise in strong support of the Supporting America's
Children and Families Act, which updates key child welfare programs for
the first time since 2008. That includes reducing the paperwork burden
for States and caseworkers, improving training and technology available
to caseworkers, strengthening support systems for grandparents and
other relatives who become primary caregivers, and providing better
services for those aging out of foster care.
When I was board chair for the Boys and Girls Clubs of St. Joseph
County, I saw firsthand the difference programs of all types make in
putting at-risk youth on a path to success and keeping them on it. That
involves treating each child as an individual, not just another number,
and assessing their unique circumstances and needs. This takes more
work, but it ensures the best result for the child, their family, and
their communities.
I thank Mr. LaHood, Mr. Davis, Chairman Smith, and Ranking Member
Neal for their bipartisan work on this bill.
Mr. Speaker, I urge my colleagues to vote ``yes.''
Mr. DAVIS of Illinois. Mr. Speaker, in closing, I thank Chairman
Smith and Chairman LaHood for their partnership on this important bill
that would improve and invest in child welfare services under title IV-
B and ensure that State and Tribal support agencies can continue their
work. I think all of our committee can be seriously proud of this
bipartisan work. It has been a pleasure working with the chair and Mr.
LaHood.
Mr. Speaker, I urge passage of this very important legislation, and I
yield back the balance of my time.
Mr. SMITH of Missouri. Mr. Speaker, I yield myself the balance of my
time.
Mr. Speaker, it is not often that you find this many Republicans and
Democrats voting together on a bill, but when it comes to supporting
children and families, we are in strong agreement.
Reauthorizing title IV-B is a first-in-a-generation win that will
refocus the child welfare system on keeping families together and
preventing abuse and neglect.
Don't take our word for it. The title IV-B coalition, made up of 22
different national, State, and county organizations, has endorsed this
legislation. The National Foster Youth Institute, the Child Welfare
League of America, and the National Indian Child Welfare Association
have all come out in support of this legislation.
I also give a special thanks to Paris Hilton for personally coming to
Capitol Hill and testifying about her lived experience and in support
of reforms to this program.
[[Page H5270]]
The legislation from Representative Hern that is also included in
this bill will fix the disconnect between Federal laws that are
currently setting up State and Tribal child support agencies for
failure.
The child support enforcement program is one of the most highly
successful, cost-effective Federal programs that millions of families
across the country rely upon each month. The program produces $5 in
benefits for every $1 spent on administration. Nearly 13 million
children, representing 18 percent of all children, are affected by this
program.
Twenty-six States from the National Governors Association have
endorsed this legislation, along with the National Conference of State
Legislatures, the National Association of Counties, and the National
Association of Tribal Child Support Directors.
Mr. Speaker, I urge my colleagues to join them in supporting this
important legislation, and I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Smucker). The question is on the motion
offered by the gentleman from Missouri (Mr. Smith) that the House
suspend the rules and pass the bill, H.R. 9076, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. SMITH of Missouri. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________