[Congressional Record (Bound Edition), Volume 152 (2006), Part 12]
[House]
[Pages 15678-15683]
[From the U.S. Government Publishing Office, www.gpo.gov]




           CHILD AND FAMILY SERVICES IMPROVEMENT ACT OF 2006

  Mr. HERGER. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 3525) to amend subpart 2 of part B of title IV of the 
Social Security Act to improve outcomes for children in families 
affected by methamphetamine abuse and addiction, to reauthorize the 
promoting safe and stable families program, and for other purposes, as 
amended.
  The Clerk read as follows:

                                S. 3525

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Child and Family Services 
     Improvement Act of 2006''.

     SEC. 2. FINDINGS.

       The Congress finds as follows:
       (1) For Federal fiscal year 2004, child protective services 
     (CPS) staff nationwide reported investigating or assessing an 
     estimated 3,000,000 allegations of child maltreatment, and 
     determined that 872,000 children had been abused or neglected 
     by their parents or other caregivers.
       (2) Combined, the Child Welfare Services (CWS) and 
     Promoting Safe and Stable Families (PSSF) programs provide 
     States about $700,000,000 per year for services intended to 
     ensure the safety, permanency, and well-being of children. 
     These programs are considered the largest source of targeted 
     Federal funding in the child protection system for 
     prevention--that is, for services to ensure that children are 
     not abused or neglected and, whenever possible, help children 
     remain safely with their families.
       (3) States have broad flexibility in directing CWS dollars 
     to protect children from abuse and neglect. Under the PSSF 
     program, States must invest significant portions of program 
     funds in family preservation services, family support 
     services, time-limited reunification services, and post-
     adoption support services.
       (4) However, a 2003 report by the Government Accountability 
     Office (GAO) reported that little research is available on 
     the effectiveness of activities supported by CWS funds--
     evaluations of services supported by PSSF funds have 
     generally shown little or no effect.
       (5) Further, the Department of Health and Human Services 
     recently completed initial Child and Family Service Reviews 
     (CFSRs) in each State. No State was in full compliance with 
     all measures of the CFSRs. The CFSRs also revealed that 
     States need to work to prevent repeat abuse and neglect of 
     children, improve services provided to families to reduce the 
     risk of future harm (including by better monitoring the 
     participation of families in services), and strengthen 
     upfront services provided to families to prevent unnecessary 
     family break-up and protect children who remain at home.
       (6) Federal policy should ensure that States are 
     appropriately targeting CWS and PSSF funds to assist at-risk 
     families and protect abused and neglected children to address 
     issues found in the CFSRs. Encouraging States to invest their 
     CWS and PSSF funds in services that promote and protect the 
     welfare of children, support strong, healthy families, and 
     reduce the reliance on out-of-home care, will help ensure all 
     children are raised in safe, loving families.
       (7) CFSRs also found a strong correlation between frequent 
     caseworker visits with children and positive outcomes for 
     these children, such as timely achievement of permanency and 
     other indicators of child well-being.
       (8) However, a December 2005 report by the Department of 
     Health and Human Services Office of Inspector General found 
     that only 20 States were able to produce reports to show 
     whether caseworkers actually visited children in foster care 
     on at least a monthly basis, despite the fact that nearly all 
     States had written standards suggesting monthly visits were 
     State policy. In fact, 7 of these 20 States indicated that 
     fewer than half of the children in foster care were visited 
     on a monthly basis.
       (9) The Deficit Reduction Act of 2005 provided $40,000,000 
     in fiscal year 2006 for the PSSF program which this Act 
     ensures will be available and which the Congressional Budget 
     Office estimates will increase mandatory budget authority by 
     $40,000,000 each year from 2006 through 2015, for a total of 
     $400,000,000.
       (10) A 2003 GAO report found that the average tenure for a 
     child welfare caseworker is less than 2 years and this level 
     of turnover negatively affects safety and permanency for 
     children.
       (11) Targeting additional PSSF funds to ensure children in 
     foster care are visited on at least a monthly basis will 
     promote better outcomes for vulnerable children, including by 
     preventing further abuse and neglect.

     SEC. 3. REAUTHORIZATION OF THE SAFE AND STABLE FAMILIES 
                   PROGRAM.

       (a) Elimination of Findings.--Section 430 of the Social 
     Security Act (42 U.S.C. 629) is amended by striking all 
     through ``(b) Purpose.--The purpose'' and inserting the 
     following:

     ``SEC. 430. PURPOSE.

       ``The purpose''.
       (b) Limitation on Administrative Cost Reimbursement.--
     Section 434 of such Act (42 U.S.C. 629d) is amended--
       (1) in subsection (a), by inserting ``, subject to 
     subsection (d),'' after ``shall''; and
       (2) by adding at the end the following:
       ``(d) Limitation on Reimbursement for Administrative 
     Costs.--The Secretary shall not make a payment to a State 
     under this section with respect to expenditures for 
     administrative costs during a fiscal year, to the extent that 
     the total amount of the expenditures exceeds 10 percent of 
     the total expenditures of the State during the fiscal year 
     under the State plan approved under section 432.''.
       (c) Funding of Mandatory Grants at $345 Million Per Fiscal 
     Year.--Section 436(a) of such Act (42 U.S.C. 629f(a)) is 
     amended by striking ``for fiscal year 2006.'' and all that 
     follows and inserting ``for each of fiscal years 2007 through 
     2011.''.
       (d) Funding of Discretionary Grants.--Section 437(a) of 
     such Act (42 U.S.C. 629g(a)) is amended by striking ``2002 
     through 2006'' and inserting ``2007 through 2011''.
       (e) Increase in Set-Asides for Indian Tribes.--
       (1) Mandatory grants.--Section 436(b)(3) of such Act (42 
     U.S.C. 629f(b)(3)) is amended by striking ``1'' and inserting 
     ``3''.
       (2) Discretionary grants.--Section 437(b)(3) of such Act 
     (42 U.S.C. 629g(b)(3)) is amended by striking ``2'' and 
     inserting ``3''.
       (f) Collection of Data on Tribal Promoting Safe and Stable 
     Families Plans.--Section 432(b)(2) of such Act (42 U.S.C. 
     629b(b)(2)) is amended--
       (1) by striking subparagraph (A); and
       (2) in subparagraph (B), by striking ``Notwithstanding 
     subparagraph (A) of this paragraph, the'' and inserting 
     ``The''.
       (g) Authority of Intertribal Consortia to Apply for 
     Grants.--Section 432(b)(2) of such Act (42 U.S.C. 
     629(b)(b)(2)), as amended by subsection (f) of this section, 
     is amended--
       (1) by inserting before subparagraph (B) the following:
       ``(A) Intertribal consortia.--This subpart shall not be 
     interpreted to preclude the development and submission of a 
     single tribal plan under this subpart by the participating 
     tribes of an intertribal consortium.''; and
       (2) in subparagraph (B)--
       (A) by inserting ``or tribal consortium'' after ``Indian 
     tribe''; and
       (B) by inserting ``and tribal consortia'' after ``Indian 
     tribes''.
       (h) Technical Correction.--Section 431(a)(6) of such Act 
     (42 U.S.C. 629a(a)(6)) is amended by striking ``1986'' and 
     inserting ``1996''.

     SEC. 4. TARGETING OF INCREASED SAFE AND STABLE FAMILIES 
                   PROGRAM RESOURCES TO SUPPORT MONTHLY CASEWORKER 
                   VISITS.

       (a) Reservation and Use of Funds.--
       (1) In general.--Section 436(b) of the Social Security Act 
     (42 U.S.C. 629f(b)) is amended by adding at the end the 
     following:
       ``(4) Support for monthly caseworker visits.--
       ``(A) Reservation.--In the case of each of fiscal years 
     2006 through 2011, the Secretary

[[Page 15679]]

     shall reserve $40,000,000 for allotment in accordance with 
     section 433(e).
       ``(B) Use of funds.--
       ``(i) In general.--A State to which an amount is paid from 
     amounts reserved under subparagraph (A) shall use the amount 
     to support monthly caseworker visits with children who are in 
     foster care under the responsibility of the State, with a 
     primary emphasis on activities designed to improve caseworker 
     retention, recruitment, training, and ability to access the 
     benefits of technology.
       ``(ii) Nonsupplantation.--A State to which an amount is 
     paid from amounts reserved pursuant to subparagraph (A) shall 
     not use the amount to supplant any Federal funds paid to the 
     State under part E that could be used as described in clause 
     (i).''.
       (2) Effect on amounts reserved for indian tribes.--Section 
     436(b)(3) of such Act (42 U.S.C. 629b(b)(3)) is amended by 
     striking ``The'' and inserting ``After applying paragraph (4) 
     (but before applying paragraphs (1) or (2)), the''.
       (b) Allotment of Funds.--Section 433 of such Act (42 U.S.C. 
     629c) is amended--
       (1) in subsection (d), by inserting ``subsection (a), (b), 
     or (c) of'' before ``this section'' the 1st and 2nd places it 
     appears; and
       (2) by adding at the end the following:
       ``(e) Special Rules Applicable to Funds Reserved to Support 
     Monthly Caseworker Visits.--
       ``(1) Allotments.--
       ``(A) Territories.--From the amount reserved pursuant to 
     section 436(b)(4)(A) for fiscal year 2006 or any succeeding 
     fiscal year, the Secretary shall allot to each jurisdiction 
     specified in subsection (b) of this section that meets the 
     requirements of paragraph (2) of this subsection for the 
     fiscal year an amount determined in the same manner as the 
     allotment to each of such jurisdictions is determined under 
     section 423 (without regard to the initial allotment of 
     $70,000 to each State).
       ``(B) Other states.--From the amount reserved pursuant to 
     section 436(b)(4)(A) for fiscal year 2006 or any succeeding 
     fiscal year that remains after applying subparagraph (A) of 
     this paragraph for the fiscal year, the Secretary shall allot 
     to each State (other than an Indian tribe) not specified in 
     subsection (b) of this section that meets the requirements of 
     paragraph (2) of this subsection for the fiscal year an 
     amount equal to such remaining amount multiplied by the food 
     stamp percentage of the State (as defined in subsection 
     (c)(2) of this section) for the fiscal year, except that in 
     applying subsection (c)(2)(A) of this section, `subsection 
     (e)(1)(B)' shall be substituted for `such paragraph (1)'.
       ``(2) Requirements.--The requirements of this paragraph are 
     the following:
       ``(A) Amounts allotted for fiscal year 2007.--In the case 
     of amounts reserved pursuant to section 436(b)(4)(A) for 
     fiscal year 2007, the State has provided to the Secretary 
     data which shows, for the most recent fiscal year for which 
     such information is available--
       ``(i) the percentage of children in foster care under the 
     responsibility of the State who were visited by the 
     caseworker handling the case of the child at least once each 
     month while the child was in such care; and
       ``(ii) the percentage of the visits that occurred in the 
     residence of the child.
       ``(B) Amounts allotted for succeeding fiscal years.--In the 
     case of amounts reserved pursuant to section 436(b)(4)(A) for 
     fiscal year 2008 or any succeeding fiscal year:
       ``(i) Data showing frequency and location of caseworker 
     visits.--The State has provided to the Secretary data which 
     shows, for the preceding fiscal year, that--

       ``(I) for at least 90 percent of the children in foster 
     care under the responsibility of the State--

       ``(aa) the caseworker handling the case of the child 
     visited the child at least once each month while the child 
     was in such care; and
       ``(bb) the majority of the visits occurred in the residence 
     of the child; or

       ``(II) the State made the requisite annual progress, as 
     determined by the Secretary, to comply with subclause (I) by 
     October 1, 2011.

       ``(ii) State ability to verify frequency of caseworker 
     visits.--The Secretary has verified that the State has in 
     effect such policies and standards as may be necessary to 
     enable the State to determine whether, for at least 90 
     percent of the children in foster care under the 
     responsibility of the State, a caseworker visited the child 
     at least once each month during the fiscal year.
       ``(iii) Verification of nonsupplantation compliance.--The 
     State has provided to the Secretary such documentation as may 
     be necessary to verify that the State has complied with 
     section 436(b)(4)(B)(ii) during the fiscal year.''.
       (c) Payments to States.--Section 434(a) of such Act (42 
     U.S.C. 629d(a)), as amended by section 3(b)(1) of this Act, 
     is amended by striking ``the lesser of--'' and all that 
     follows and inserting the following: ``the sum of--
       ``(1) the lesser of--
       ``(A) 75 percent of the total expenditures by the State for 
     activities under the plan during the fiscal year or the 
     immediately succeeding fiscal year; or
       ``(B) the allotment of the State under subsection (a), (b), 
     or (c) of section 433, whichever is applicable, for the 
     fiscal year; and
       ``(2) the lesser of--
       ``(A) 75 percent of the total expenditures by the State in 
     accordance with section 436(b)(4)(B) during the fiscal year 
     or the immediately succeeding fiscal year; or
       ``(B) the allotment of the State under section 433(e) for 
     the fiscal year.''.

     SEC. 5. IMPROVEMENTS TO THE CHILD WELFARE SERVICES PROGRAM.

       (a) Funding.--Subpart 1 of part B of title IV of the Social 
     Security Act (42 U.S.C. 620-628b) is amended by striking 
     sections 420 and 425 and inserting after section 424 the 
     following:


            ``Limitations on authorization of appropriations

       ``Sec. 425. To carry out this subpart, there are authorized 
     to be appropriated to the Secretary not more than 
     $325,000,000 for each of fiscal years 2007 through 2011.''.
       (b) Purpose of Program.--Such subpart is further amended--
       (1) by striking section 424;
       (2) by redesignating sections 421 and 423 as sections 423 
     and 424, respectively, and by transferring section 423 (as so 
     redesignated) so that it appears after section 422; and
       (3) by inserting after the subpart heading the following:


                               ``Purpose

       ``Sec. 421. The purpose of this subpart is to promote State 
     flexibility in the development and expansion of a coordinated 
     child and family services program that utilizes community-
     based agencies and ensures all children are raised in safe, 
     loving families, by--
       ``(1) protecting and promoting the welfare of all children;
       ``(2) preventing the neglect, abuse, or exploitation of 
     children;
       ``(3) supporting at-risk families through services which 
     allow children, where appropriate, to remain safely with 
     their families or return to their families in a timely 
     manner;
       ``(4) promoting the safety, permanence, and well-being of 
     children in foster care; and
       ``(5) providing training, professional development and 
     support to ensure a well-qualified child welfare 
     workforce.''.
       (c) Modification of State Plan Requirements.--Section 422 
     of such Act (42 U.S.C. 622) is amended--
       (1) in subsection (b)--
       (A) by striking paragraphs (3) through (5) and inserting 
     the following:
       ``(3) include a description of the services and activities 
     which the State will fund under the State program carried out 
     pursuant to this subpart, and how the services and activities 
     will achieve the purpose of this subpart;'';
       (B) by striking paragraph (6) and inserting after paragraph 
     (3) (as added by subparagraph (A) of this paragraph) the 
     following:
       ``(4) contain a description of--
       ``(A) the steps the State will take to provide child 
     welfare services statewide and to expand and strengthen the 
     range of existing services and develop and implement services 
     to improve child outcomes; and
       ``(B) the child welfare services staff development and 
     training plans of the State;'';
       (C) by redesignating paragraphs (7) through (9) as 
     paragraphs (5) through (7), respectively;
       (D) in paragraph (10)--
       (i) by striking subparagraph (A);
       (ii) in subparagraph (B)(iii)(II), by inserting ``, which 
     may include a residential educational program'' after ``in 
     some other planned, permanent living arrangement'';
       (iii) by redesignating subparagraph (B) as subparagraph 
     (A); and
       (iv) by striking subparagraph (C) and inserting after 
     subparagraph (A) the following:
       ``(B) has in effect policies and administrative and 
     judicial procedures for children abandoned at or shortly 
     after birth which enable permanent decisions to be made 
     expeditiously with respect to the placement of the 
     children;'';
       (E) in paragraph (14), by striking ``and'' at the end;
       (F) in paragraph (15), by striking the period and inserting 
     a semicolon;
       (G) by redesignating paragraphs (10) through (15) as 
     paragraphs (8) through (13), respectively; and
       (H) by adding at the end the following:
       ``(14) include assurances that not more than 10 percent of 
     the expenditures of the State with respect to activities 
     funded from amounts provided under this subpart will be for 
     administrative costs; and
       ``(15) outlines how the State will ensure that physicians 
     or other appropriate medical professionals are actively 
     consulted and involved in--
       ``(A) assessing the health and well-being of children in 
     foster care under the responsibility of the State; and
       ``(B) determining appropriate medical treatment for the 
     children.''; and
       (2) by adding at the end the following:
       ``(c) Definitions.--In this subpart:
       ``(1) Administrative costs.--The term `administrative 
     costs' means costs for the following, but only to the extent 
     incurred in administering the State plan developed pursuant 
     to this subpart: procurement, payroll management, personnel 
     functions (other

[[Page 15680]]

      than the portion of the salaries of supervisors attributable 
     to time spent directly supervising the provision of services 
     by caseworkers), management, maintenance and operation of 
     space and property, data processing and computer services, 
     accounting, budgeting, auditing, and travel expenses (except 
     those related to the provision of services by caseworkers or 
     the oversight of programs funded under this subpart).
       ``(2) Other terms.--For definitions of other terms used in 
     this part, see section 475.''.
       (d) Provisions Relating to State Allotments.--Section 423 
     of such Act, as so redesignated by subsection (b)(2) of this 
     section, is amended--
       (1) in subsection (a)--
       (A) by inserting ``In General.--'' after ``(a)'';
       (B) by striking ``420'' and inserting ``425''; and
       (C) by striking ``He'' and inserting ``The Secretary'';
       (2) in subsection (b)--
       (A) by inserting ``Determination of State Allotment 
     Percentages.--'' after ``(b)''; and
       (B) by striking ``per centum'' each place it appears and 
     inserting ``percent'';
       (3) in subsection (c), by inserting ``Promulgation of State 
     Allotment Percentages.--'' after ``(c)'';
       (4) in subsection (d)--
       (A) by inserting ``United States Defined.--'' after 
     ``(d)''; and
       (B) by striking ``fifty'' and inserting ``50''; and
       (5) by adding at the end the following:
       ``(e) Reallotment of Funds.--
       ``(1) In general.--The amount of any allotment to a State 
     for a fiscal year under the preceding provisions of this 
     section which the State certifies to the Secretary will not 
     be required for carrying out the State plan developed as 
     provided in section 422 shall be available for reallotment 
     from time to time, on such dates as the Secretary may fix, to 
     other States which the Secretary determines--
       ``(A) need sums in excess of the amounts allotted to such 
     other States under the preceding provisions of this section, 
     in carrying out their State plans so developed; and
       ``(B) will be able to so use such excess sums during the 
     fiscal year.
       ``(2) Considerations.--The Secretary shall make the 
     reallotments on the basis of the State plans so developed, 
     after taking into consideration--
       ``(A) the population under 21 years of age;
       ``(B) the per capita income of each of such other States as 
     compared with the population under 21 years of age; and
       ``(C) the per capita income of all such other States with 
     respect to which such a determination by the Secretary has 
     been made.
       ``(3) Amounts reallotted to a state amounts deemed part of 
     state allotment.--Any amount so reallotted to a State is 
     deemed part of the allotment of the State under this 
     section.''.
       (e) Payments to States.--
       (1) Exclusion of expenditures for child day care, foster 
     care maintenance payments, and adoption assistance payments 
     from allowable expenditures.--Section 424 of such Act, as so 
     redesignated by subsection (b)(2) of this section, is 
     amended--
       (A) in subsection (c)--
       (i) in paragraph (1)--

       (I) by striking ``No'' and inserting ``Except as provided 
     in paragraph (2), no'';
       (II) by striking ``, for any fiscal year beginning after 
     September 30, 1979,'';
       (III) in subparagraph (A), by striking ``necessary'' and 
     all that follows through ``living''; and
       (IV) in subparagraph (C), by striking ``, to the extent'' 
     and all that follows through ``1979''; and

       (ii) by striking paragraph (2) and inserting the following:
       ``(2) In the case of a State which demonstrates to the 
     Secretary that the State made an expenditure described in 
     paragraph (1) in fiscal year 2005, the Secretary shall not 
     make a payment to the State under this part for any fiscal 
     year beginning after September 30, 2006, with respect to the 
     State expenditures so described, to the extent that the 
     Federal payment with respect to the expenditures so described 
     for the fiscal year exceeds the lesser of--
       ``(A) the total amount of the Federal payment under this 
     part for fiscal year 1979; or
       ``(B) the total amount of the Federal payment with respect 
     to the expenditures so described for fiscal year 2005.''; and
       (B) in subsection (d)--
       (i) by striking ``(excluding expenditures for activities 
     specified in subsection (c)(1))''; and
       (ii) by striking ``such activities'' and inserting 
     ``activities specified in subsection (c)(1)''.
       (2) Limitation on administrative cost reimbursement.--
     Section 424 of such Act (42 U.S.C. 623), as so redesignated 
     by subsection (b)(2) of this section, is amended by adding at 
     the end the following:
       ``(e) Limitation on Reimbursement for Administrative 
     Costs.--The Secretary shall not make a payment to a State 
     under this section with respect to expenditures during a 
     fiscal year for administrative costs, to the extent that the 
     total amount of the expenditures exceeds 10 percent of the 
     total expenditures of the State during the fiscal year for 
     activities funded from amounts provided under this 
     subpart.''.
       (3) Technical amendment.--Section 424(a) of such Act, as so 
     redesignated by subsection (b)(2) of this section, is amended 
     by striking ``per centum'' and inserting ``percent''.
       (f) Elimination of Obsolete Provision.--Section 426 of such 
     Act (42 U.S.C. 626) is amended by striking subsection (b) and 
     redesignating subsection (c) as subsection (b).
       (g) Conforming Amendments.--
       (1) Section 428(b) of such Act (42 U.S.C. 628(b)) is 
     amended by striking ``421'' and inserting ``423''.
       (2) Section 429 of such Act (42 U.S.C. 628a) is amended--
       (A)(i) by striking the following:


                      ``child welfare traineeships

       ``Sec. 429. The Secretary''; and
       (ii) inserting the following:
       ``(c) Child Welfare Traineeships.--The Secretary''; and
       (B) by transferring the provision to the end of section 426 
     (as amended by subsection (f) of this section).
       (3) Section 429A of such Act (42 U.S.C. 628b) is 
     redesignated as section 429.
       (4) Section 433(b) of such Act (42 U.S.C. 629c(b)) is 
     amended by striking ``421'' and inserting ``423''.
       (5) Section 437(c)(2) of such Act (42 U.S.C. 629g(c)(2)) is 
     amended by striking ``421'' and inserting ``423''.
       (6) Section 472(d) of such Act (42 U.S.C. 672(d)) is 
     amended by striking ``422(b)(10)'' and inserting 
     ``422(b)(8)''.
       (7) Section 473A(f) of such Act (42 U.S.C. 673b(f)) is 
     amended by striking ``423'' and inserting ``424''.
       (8) Section 1130(b)(1) of such Act (42 U.S.C. 1320a-
     9(b)(1)) is amended to read as follows:.
       ``(1) any provision of section 422(b)(8), or section 479; 
     or''.
       (9) Section 104(b)(3) of the Intercountry Adoption Act of 
     2000 (42 U.S.C. 14914(b)(3)) is amended by striking 
     ``422(b)(14) of the Social Security Act, as amended by 
     section 205 of this Act'' and inserting ``422(b)(12) of the 
     Social Security Act''.

     SEC. 6. REAUTHORIZATION OF THE COURT IMPROVEMENT PROGRAM.

       Section 438 of the Social Security Act (42 U.S.C. 629h) is 
     amended in each of subsections (c)(1)(A) and (d) by striking 
     ``2006'' and inserting ``2011''.

     SEC. 7. REAUTHORIZATION OF PROGRAM FOR MENTORING CHILDREN OF 
                   PRISONERS.

       Section 439 of the Social Security Act (42 U.S.C. 629i) is 
     amended--
       (1) in subsection (c), by striking ``2002 through 2006'' 
     and inserting ``2007 through 2011''; and
       (2) in subsection (h), by striking paragraph (1) and 
     inserting the following:
       ``(1) Limitations on authorization of appropriations; 
     reservation of certain amounts.--To carry out this section, 
     there are authorized to be appropriated to the Secretary such 
     sums as may be necessary for fiscal years 2007 through 
     2011.''.

     SEC. 8. AVAILABILITY OF ADDITIONAL PROMOTING SAFE AND STABLE 
                   FAMILIES RESOURCES FOR FISCAL YEAR 2006.

       (a) Appropriation.--Out of any money in the Treasury of the 
     United States not otherwise appropriated, there are 
     appropriated to the Secretary of Health and Human Services 
     $40,000,000 for fiscal year 2006 to carry out section 436 of 
     the Social Security Act, in addition to any amount otherwise 
     made available for fiscal year 2006 to carry out such 
     section.
       (b) Availability of Funds.-- Notwithstanding section 
     434(b)(2) of such Act, the amounts paid to States from the 
     amount appropriated under subsection (a) of this section 
     shall remain available for expenditure by the States through 
     fiscal year 2008.

     SEC. 9. REPORTS.

       Section 435 of the Social Security Act (42 U.S.C. 629e) is 
     amended by adding at the end the following:
       ``(e) Reports.--
       ``(1) Content.--The Secretary shall submit to the Committee 
     on Ways and Means of the House of Representatives and the 
     Committee on Finance of the Senate biennial reports on--
       ``(A) the level of expenditures, and the programs and 
     activities funded, under subpart 1 and this subpart by each 
     State, territory, and Indian tribe to which funds are paid 
     under this part;
       ``(B) the number of children and families served by each 
     such State, territory, and Indian tribe under the programs; 
     and
       ``(C) how spending under the programs has helped achieve 
     the goals identified by each such State, territory, and 
     Indian tribe as part of the annual planning process 
     undertaken in developing plans pursuant to this part.
       ``(2) Timing.--The Secretary shall submit the biennial 
     reports required by paragraph (1) not later than July 1, 
     2008, and not later than July 1 of every other calendar year 
     thereafter.''.

     SEC. 10. EFFECTIVE DATES.

       (a) In General.--Except as otherwise provided in this 
     section, the amendments made by this Act shall take effect on 
     October 1, 2006, and shall apply to payments under part B of 
     title IV of the Social Security Act for

[[Page 15681]]

     calendar quarters beginning on or after such date, without 
     regard to whether regulations to implement the amendments are 
     promulgated by such date.
       (b) Delay Permitted If State Legislation Required.--If the 
     Secretary of Health and Human Services determines that State 
     legislation (other than legislation appropriating funds) is 
     required in order for a State plan developed pursuant to 
     subpart 1 of part B, or a State plan approved under subpart 2 
     of part B, of title IV of the Social Security Act to meet the 
     additional requirements imposed by the amendments made by 
     this Act, the plan shall not be regarded as failing to meet 
     any of the additional requirements before the 1st day of the 
     1st calendar quarter beginning after the first regular 
     session of the State legislature that begins after the date 
     of the enactment of this Act. If the State has a 2-year 
     legislative session, each year of the session is deemed to be 
     a separate regular session of the State legislature.
       (c) Availability of Additional Promoting Safe and Stable 
     Families Resources for Fiscal Year 2006.--Section 8 shall 
     take effect on the date of the enactment of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Herger) and the gentleman from Washington (Mr. 
McDermott) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. HERGER. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
to include extraneous material on the subject of the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.

                              {time}  1030

  Mr. HERGER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in strong support of S. 3525, as amended. 
As amended, this legislation reflects provisions as reported by the 
Committee on Ways and Means on June 29 and included in H.R. 5640, the 
Child and Family Services Improvement Act of 2006.
  I am pleased to be here with the gentleman from Washington (Mr. 
McDermott) who is a cosponsor of this bipartisan legislation. I thank 
him for his work and leadership on this legislation. I would also like 
to thank the many Members from both sides of the aisle for their 
support.
  Mr. Speaker, this legislation reauthorizes and improves numerous 
child protection programs that combined, would provide about $4 billion 
during the next 5 years to keep children safe and ensure they are 
raised in safe and loving families.
  These programs are the Promoting Safe and Stable Families Program, 
the Child Welfare Services Program, the Court Improvement Program and 
the Mentoring Children of Prisoners Program.
  This legislation supports State efforts to prevent child abuse and 
neglect by keeping families together and preventing, whenever possible, 
the unnecessary separation of children from their families.
  For example, the Promoting Safe and Stable Families Program provides 
resources for family support services, family preservation services, 
time-limited reunification services and post-adoption services. We know 
that one of the best ways to give a child a chance of a bright future 
is to ensure that that child is raised in a safe, loving family. The 
services supported by this legislation are targeted where they are 
needed most, to help parents at risk of abusing or neglecting their 
children or to prevent repeated abuse and neglect.
  On May 23, the Ways and Means Human Resources Subcommittee, which I 
chair, held a hearing on this legislation. We heard from a broad array 
of voices in support of the extension of these programs and in support 
of changes requiring States to focus resources more on services for 
children and at-risk families.
  Earlier this year, the President signed the Deficit Reduction Act of 
2005, which provided $200 million in new funds for services to better 
protect children over the next 5 years. I am very pleased that this 
legislation targets these increased resources so more foster children 
are visited on a monthly basis.
  The Department of Health and Human Services Office of Inspector 
General recently reported that these visits were not occurring. Only 20 
States could tell whether the caseworkers actually visited children in 
foster care on a monthly basis. In seven of these 20 States, the 
reports found that fewer than half of the children in foster care were 
visited on a monthly basis. Research shows that children who are 
visited on a more frequent basis are more quickly placed in permanent 
homes and experience other positive outcomes, compared to children not 
visited.
  Newspapers are frequently reporting the horrors of children neglected 
by the very system charged to protect them. The increased monitoring 
promoting by this bill makes sense and would go a long way towards 
better protecting these vulnerable children.
  Mr. Speaker, we still have more work to do to improve our Nation's 
foster care system. Time and time again, we hear of children lingering 
in foster care, bounced from home to home. In some cases, foster 
children have lived in more than 50 homes. This is unacceptable, and we 
will continue to work to improve this program so that all children can 
live with a family that loves them.
  This legislation brings us one step closer to that important goal. It 
has widespread bipartisan support, and I urge all my colleagues to 
support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. McDERMOTT. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, we have before us today the Senate companion bill to the 
Herger-McDermott Child Family Services and Improvement Act. We have put 
the Senate version on the House calendar to facilitate action. The 
Senate version is slightly different than our bill, but we want to move 
ahead as quickly as possible, so we are going to strike the Senate 
language and insert the Herger-McDermott language in its entirety. I 
urge my colleagues to support this bill.
  It is a pleasure to work with Mr. Herger on this issue. In doing so, 
we will make America a little safer for vulnerable kids. Countless 
children across America need us to protect them from harm. In effect, 
the House today is fulfilling its obligation as first responders. For 
too many children, we are the first and the last line of defense.
  Mr. Herger and I have produced bipartisan legislation that takes a 
modest step forward in safeguarding vulnerable children. This bill is 
an attempt to find common ground so that together we can pursue the 
common good. I believe this can be a model for the future. Certainly 
more needs to be done, but every journey starts with the first step.
  This legislation renews the program called Promoting Safe and Stable 
Families. This is a small but vital program that supports the States in 
their efforts to prevent child abuse from occurring or from 
reoccurring. We maintain the flexibility of the current program by 
allowing the States to use Federal money to provide a wide variety of 
family support, preservation, reunification and other services, and we 
provide greater support to Native American tribes for these purposes.
  We also recognize and support the courageous caregivers serving on 
the front lines. For the first time in 7 years, the bill provides new 
Federal funding to the States, $40 million, to help them meet the 
challenges on two fronts. The first is having the resources to enable 
monthly caseworker visits for children in foster care. The second is 
investing more in the child welfare workforce.
  We know that more frequent interaction between caseworkers and foster 
kids leads to better outcomes. We also know that difficulties in 
recruiting and retaining qualified caseworkers negatively affects the 
safety and permanency for at-risk kids. In fact, the Government 
Accounting Office warned us in 2003 report about the risks incurred by 
children when the average tenure of child care worker is less than 2 
years. A lot of caring, dedicated caseworkers leave their job, not 
because they want

[[Page 15682]]

to, but because they are forced to leave due to financial 
circumstances. We begin to address this issue in a bill with a $40 
million downpayment. This shows, I think, that we mean business.
  The legislation also makes changes in other child care support 
programs that have proven to be effective, and we want to keep them 
working to benefit kids and families. Despite naysayers, government can 
be an instrument for good. Today in this bill we can prove it.
  Again, I thank my colleague Mr. Herger for his work. Working 
together, I think we have produced a good piece of legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HERGER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the legislation before us today will provide nearly $4 
billion for up-front child abuse prevention activities over the next 5 
years; it will hold States accountable for visiting children in foster 
care on at least a monthly basis; it will continue funding for programs 
that help State courts address child welfare issues; and it will 
continue funding for programs that provide mentors for children with a 
parent in prison.
  Again, I would like to thank the gentleman from Washington (Mr. 
McDermott) and all my colleagues on both sides of the aisle for their 
work in crafting this legislation. I believe it will take an important 
step towards improving our Nation's child protection system.
  Ms. HART. Mr. Speaker, I rise today in support of H.R. 5640, the 
Child and Family Services Improvement Act of 2006.
  This bipartisan legislation improves Child and Family Services by 
reauthorizing and improving the Promoting Safe and Stable Families, 
PSSF, program.
  The bill invests about $4 billion during the next five years into 
these programs, to help ensure children are protected from abuse and 
neglect.
  Included in this investment is a targeting of a $40 million increase 
in PSSF Funds that were included in the Deficit Reduction Act.
  The Deficit Reduction Act increased mandatory PSSF funds by $40 
million per year ($305 to $345 million).
  This important legislation targets this $40 million for State efforts 
to ensure children in foster care are visited on a monthly basis.
  This responds to recent Department of Health and Human Services 
Inspector General concerns and other data indicating that monthly 
visits were not occurring, despite State policy.
  Beginning with FY 2008, only States that show improvement in 
completing monthly visits of foster children would continue to receive 
these funds.
  Holding States accountable on this is crucial since research has 
shown that frequent caseworker visits are strongly related to more 
timely permanence for kids as well as other outcomes the better.
  This legislation will also make needed improvements to the Child 
Welfare Services, CWS, Program.
  Under current law, the CWS program is permanently authorized at $325 
million per year and was last updated significantly in 1980. CWS 
generally overlaps PSSF program purposes.
  The legislation reorganizes and updates the CWS program, making 
important technical changes including a new State plan requirement for 
doctors to be actively involved in assessing the health and well-being 
of foster children.
  The legislation ensures future Congressional review by authorizing 
the CWS program through FY 2011.
  This legislation creates a new 10 percent limit on CWS spending for 
administrative expenses.
  This legislation reauthorizes the Court Improvement Act.
  The legislation reauthorizes through FY 2011 the current $10 million 
set-aside for general Court Improvement Program activities provided 
from PSSF funds. (Note: DRA also provided an additional $20 million for 
each of FYs 2006 through 2010 to improve data collection and increase 
training of court personnel.)


     Reauthorization of the Mentoring Children of Prisoners Program

  The legislation reauthorizes through FY 2011 such sums as may be 
necessary. (House Appropriations Committee FY2007 Labor HHS bill would 
provide $40 million for this program.)
  With this legislation, we are encouraging states to invest Federal 
funds in services that effectively assist at-risk families, protect 
children from abuse and neglect, and prevent the unnecessary separation 
of children from their parents.
  Mr. STARK. Mr. Speaker, I rise today in support of the House 
amendments to the Child and Family Services Improvement Act, which 
include reauthorization of the Promoting Safe and Stable Families 
Program. I would like to thank the gentleman from California, Mr. 
Herger, the chairman of our Human Resources subcommittee, and the 
gentleman from Washington, Mr. McDermott, for their work on this 
important legislation.
  This program does just what it says: it promotes safe and stable 
families. The amendments before you today guarantee $40 million in 
funding to ensure that States are able to recruit, retain, and train 
highly qualified and skilled child welfare caseworkers. This funding is 
critically important. These amendments are exactly the same as H.R. 
5640, which the Ways and Means Committee reported last month. The 
funding included in these amendments is crucial to making sure that 
foster children are provided with high level services and safe and 
stable placements.
  A 2003 GAO report highlighted the importance of child welfare 
agencies being staffed with the very best caseworkers. The GAO found 
that when caseworkers are well trained and have manageable caseloads 
they are able to conduct frequent home visits to assess a child's 
situation and ensure that child's safety. Skilled caseworkers are also 
able to make well-supported decisions that lead to permanent placements 
of foster children in nurturing homes. However, when caseworker 
turnover is high, agencies are not able to meet Federal safety and 
permanency goals. There is a very strong correlation between caseworker 
recruitment and retention and safety and permanency outcomes for 
children.
  For Example, the GAO report found:

       In Texas, due to caseworker turnover, an investigation into 
     alleged abuse was delayed by 3 months. By the time the 
     caseworker was able to make a home visit, the abuse could not 
     be substantiated and the child remained in that placement. 
     Similar occurrences took place in other states at which the 
     GAO looked.
       Caseloads should not exceed 18 per caseworker, however the 
     American Public Human Services Association, APHSA, data 
     showed that workers were handling an average of 24 to 31 
     children each.
       The GAO's survey of caseworkers around the country 
     indicated that a lack of home visits and inadequate 
     documentation leads to permanency placement decisions being 
     made without thorough evaluations of the adequacy and 
     appropriateness of the placement.
       The GAO reviewed the Department of Health and Human 
     Services', HHS, Child and Family Services Reviews, CFSR. All 
     of the 27 CFSRs reviewed showed that workforce deficiencies--
     high caseloads, training deficiencies, and staffing 
     shortages--contributed greatly to the non-attainment of 
     assessment measures, including timely investigation of child 
     mistreatment and facilitation of permanent placements.

  In addition, in their comments on the GAO report the Administration 
for Children and Families, ACF, agreed with the GAO and stated that 
ACF's own research showed a direct relationship between the consistency 
and quality of caseworker visits with the child and family and the 
achievement of positive case outcomes.
  Unfortunately, State child welfare agencies face numerous challenges 
in retention and recruitment of caseworkers. Caseloads are high, 
salaries are low, and training is minimal. To overcome these 
challenges, it is vital for us to move to provide States with the means 
to hire and retain the very best caseworkers. The $40 million included 
in these amendments will go toward solving the problem of caseworker 
recruitment and retention. Although $40 million is not nearly enough to 
fully address the problem, it is vital that we at least provide that 
much. The money will go toward ensuring that foster children are 
visited at least monthly by a caseworker. If States are able to 
accomplish this goal they will then be able to access additional money 
to improve caseworker retention, recruitment and training. The money 
can only be used for that purpose.
  We have over 800,000 children who spend time in foster care each 
year. This body has an obligation to make sure that these children are 
in safe and stable environments. I urge you to support the House 
amendments and the opportunity they provide to improve the lives of 
tens of thousands of children.
  Ms. BORDALLO. Mr. Speaker, I rise today in support of S. 3525, The 
Improving Outcomes for Children Affected by Methamphetamine Act of 
2006. This legislation would amend the Social Security Act to better 
serve

[[Page 15683]]

the special needs of children in families affected by methamphetamine 
abuse and addiction.
  It is never cliche to reiterate the fact that children are our 
future. Children in our homes and in our families too often suffer the 
tragic ills of methamphetamine abuse. S. 3525 serves to protect 
children who suffer at the hands of methamphetamine abuse.
  I believe that this legislation will improve the lives of at-risk 
children in our nation. This legislation will continue our nation's 
commitment to at-risk families through the reauthorization of the 
Promoting Safe and Stable Families Programs.
  Moreover, this legislation notably improves support to children 
affected by methamphetamine within their families by placing increased 
emphasis on counseling and assistance to children affected by 
methamphetamine abuse, especially children placed into foster care.
  The use of methamphetamine in the United States is increasing at an 
alarming rate. Methamphetamine abuse has attacked communities across 
America and has also affected our community on Guam. It is important 
that we continue our work to aggressively combat methamphetamine abuse 
and its terrible effects on American families and our children.
  I strongly support S. 3525 because it aids our fight against 
methamphetamine abuse and because it also serves to protect our 
nation's greatest resource and one of most vulnerable communities, our 
children. I urge my colleagues' support for S. 3525.
  Mr. HERGER. Mr. Speaker, I yield back the balance of my time.
  Mr. McDERMOTT. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Herger) that the House suspend the rules 
and pass the Senate bill, S. 3525, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill, as amended, was 
passed.
  The title of the Senate bill was amended so as to read: ``A bill to 
amend part B of title IV of the Social Security Act to reauthorize the 
safe and stable families program, and for other purposes.''.
  A motion to reconsider was laid on the table.

                          ____________________