Child and Family Services Improvement Act of 2006 - (Sec. 3) Amends part B (Child and Family Services) of title IV of the Social Security Act with respect to the promoting safe and stable families (PSSF) program to: (1) prohibit the Secretary of Health and Human Services from making any payment of PSSF funds to a state for administrative costs that exceed 10% of the state's total program expenditures; (2) reauthorize the program at current levels through FY2011; (3) increase the set-asides for Indian tribes from 2% to 3% of any discretionary funds appropriated and from 1% to 3% of the mandatory funds authorized and remaining after the separate reservation of funds for monthly caseworkers is made; (4) eliminate the authority of the Secretary to exempt tribes from any of the PSSF plan requirements; (5) permit an intertribal consortia to submit a single PSSF program plan for approval; and (6) provide that tribes may form consortia in order to meet the $10,000 minimum funding threshold required to be eligible to receive tribal PSSF program funds.
(Sec. 4) Requires the Secretary to reserve $40 million each fiscal year for allotments to support monthly caseworker visits to children in foster care under state responsibility. Requires states to use such money primarily for activities designed to improve caseworker retention, recruitment, training, and ability to access the benefits of technology. Sets forth special rules for funds reserved to support monthly caseworker visits, including requirements for state submission of data on: (1) frequency and location of such visits; and (2) state ability to verify visit frequency.
(Sec. 5) Authorizes appropriations to the Secretary for child welfare services (CWS).
Modifies state plan as well as state allotment and reimbursement requirements under the CWS program.
Repeals requirements that a state CWS plan apply certain child day care standards and provide for training and effective use of paraprofessionals. Requires state plans to describe: (1) services and activities to be funded and how they relate to CWS purposes; and (2) steps the state will take to provide CWS statewide.
Requires states to have administrative and judicial procedures in effect for children abandoned at or shortly after birth to ensure expeditious decisions for their permanent placement.
Prohibits: (1) more than 10% of CWS expenditures, federal and nonfederal, for administrative purposes; or (2) the use of CWS funds for child day care, foster care maintenance payments, or adoption assistance payments.
Requires a state plan to outline how the state will ensure that physicians or other appropriate medical professionals are actively consulted and involved in: (1) assessing the health and well-being of children in foster care under state responsibility; and (2) determining appropriate medical treatment for them.
Repeals the prohibition against reallotment of funds based on state failure to maintain mandatory CWS state plan foster child protections.
Repeals state authority to count spending on foster care maintenance payments as CWS expenditures to meet federal matching requirements.
(Sec. 6) Reauthorizes and extends through FY2011 the court improvement program and the program for mentoring children of prisoners (MCOP).
(Sec. 8) Makes additional appropriations to the Secretary for the PSSF program for FY2006.
(Sec. 9) Requires the Secretary to report biennially to specified congressional committees on: (1) the level of expenditures, and the programs and activities funded, by each state, territory, and Indian tribe to which funds are paid; (2) the number of children and families served by each such state, territory, and Indian tribe; and (3) 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.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5640 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5640
To amend part B of title IV of the Social Security Act to reauthorize
the safe and stable families program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 20, 2006
Mr. Herger (for himself and Mr. McDermott) introduced the following
bill; which was referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend part B of title IV of the Social Security Act to reauthorize
the safe and stable families program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child and Family Services
Improvement Act of 2006''.
SEC. 2. REAUTHORIZATION OF THE SAFE AND STABLE FAMILIES PROGRAM.
(a) Elimination of Findings.--Section 430 of the Social Security
Act (42 U.S.C. 629) is amended by striking all through ``(b) Purpose.--
The purpose'' and inserting the following:
``SEC. 430. PURPOSE.
``The purpose''.
(b) Limitation on Administrative Cost Reimbursement.--Section 434
of such Act (42 U.S.C. 629d) is amended--
(1) in subsection (a), by inserting ``, subject to
subsection (d),'' after ``shall''; and
(2) by adding at the end the following:
``(d) Limitation on Reimbursement for Administrative Costs.--The
Secretary shall not make a payment to a State under this section with
respect to expenditures for administrative costs during a fiscal year,
to the extent that the total amount of the expenditures exceeds 10
percent of the total expenditures of the State during the fiscal year
under the State plan approved under section 432.''.
(c) Funding of Mandatory Grants at $345 Million Per Fiscal Year.--
Section 436(a) of such Act (42 U.S.C. 629f(a)) is amended by striking
``for fiscal year 2006.'' and all that follows and inserting ``for each
of fiscal years 2007 through 2011.''.
(d) Funding of Discretionary Grants.--Section 437(a) of such Act
(42 U.S.C. 629g(a)) is amended by striking ``2002 through 2006'' and
inserting ``2007 through 2011''.
(e) Increase in Set-Asides for Indian Tribes.--
(1) Mandatory grants.--Section 436(b)(3) of such Act (42
U.S.C. 629f(b)(3)) is amended by striking ``1'' and inserting
``3''.
(2) Discretionary grants.--Section 437(b)(3) of such Act
(42 U.S.C. 629g(b)(3)) is amended by striking ``2'' and
inserting ``3''.
(f) Collection of Data on Tribal Promoting Safe and Stable Families
Plans.--Section 432(b)(2) of such Act (42 U.S.C. 629b(b)(2)) is
amended--
(1) by striking subparagraph (A); and
(2) in subparagraph (B), by striking ``Notwithstanding
subparagraph (A) of this paragraph, the'' and inserting
``The''.
(g) Authority of Intertribal Consortia to Apply for Grants.--
Section 432(b)(2) of such Act (42 U.S.C. 629(b)(b)(2)), as amended by
subsection (f) of this section, is amended by inserting before
subparagraph (B) the following:
``(A) Intertribal consortia.--This subpart shall
not be interpreted to preclude the development and
submission of a single tribal plan under this subpart
by the participating tribes of an intertribal
consortium.''.
(h) Technical Correction.--Section 431(a)(6) of such Act (42 U.S.C.
629a(a)(6)) is amended by striking ``1986'' and inserting ``1996''.
SEC. 3. TARGETING OF INCREASED SAFE AND STABLE FAMILIES PROGRAM
RESOURCES TO SUPPORT MONTHLY CASEWORKER VISITS.
(a) Reservation and Use of Funds.--
(1) In general.--Section 436(b) of the Social Security Act
(42 U.S.C. 629f(b)) is amended by adding at the end the
following:
``(4) Support for monthly caseworker visits.--
``(A) Reservation.--In the case of each of fiscal
years 2006 through 2011, the Secretary shall reserve
$40,000,000 for allotment in accordance with section
433(e).
``(B) Use of funds.--
``(i) In general.--A State to which an
amount is paid from amounts reserved under
subparagraph (A) shall use the amount to
support monthly caseworker visits with children
who are in foster care under the responsibility
of the State, with a primary emphasis on
activities designed to improve caseworker
retention, recruitment, training, and ability
to access the benefits of technology.
``(ii) Nonsupplantation.--A State to which
an amount is paid from amounts reserved
pursuant to subparagraph (A) shall not use the
amount to supplant any Federal funds paid to
the State under part E that could be used as
described in clause (i).''.
(2) Effect on amounts reserved for indian tribes.--Section
436(b)(3) of such Act (42 U.S.C. 629b(b)(3)) is amended by
striking ``The'' and inserting ``After applying paragraph (4)
(but before applying paragraphs (1) or (2)), the''.
(b) Allotment of Funds.--Section 433 of such Act (42 U.S.C. 629c)
is amended--
(1) in subsection (d), by inserting ``subsection (a), (b),
or (c) of'' before ``this section'' the 1st and 2nd places it
appears; and
(2) by adding at the end the following:
``(e) Special Rules Applicable to Funds Reserved to Support Monthly
Caseworker Visits.--
``(1) Allotments.--
``(A) Territories.--From the amount reserved
pursuant to section 436(b)(4)(A) for fiscal year 2006
or any succeeding fiscal year, the Secretary shall
allot to each jurisdiction specified in subsection (b)
of this section that meets the requirements of
paragraph (2) of this subsection for the fiscal year an
amount determined in the same manner as the allotment
to each of such jurisdictions is determined under
section 423 (without regard to the initial allotment of
$70,000 to each State).
``(B) Other states.--From the amount reserved
pursuant to section 436(b)(4)(A) for fiscal year 2006
or any succeeding fiscal year that remains after
applying subparagraph (A) of this paragraph for the
fiscal year, the Secretary shall allot to each State
(other than an Indian tribe) not specified in
subsection (b) of this section that meets the
requirements of paragraph (2) of this subsection for
the fiscal year an amount equal to such remaining
amount multiplied by the food stamp percentage of the
State (as defined in subsection (c)(2) of this section)
for the fiscal year, except that in applying subsection
(c)(2)(A) of this section, `subsection (e)(1)(B)' shall
be substituted for `such paragraph (1)'.
``(2) Requirements.--The requirements of this paragraph are
the following:
``(A) Amounts allotted for fiscal year 2007.--In
the case of amounts reserved pursuant to section
436(b)(4)(A) for fiscal year 2007, the State has
provided to the Secretary data which shows, for the
most recent fiscal year for which such information is
available--
``(i) the percentage of children in foster
care under the responsibility of the State who
were visited by the caseworker handling the
case of the child at least once each month
while the child was in such care; and
``(ii) the percentage of the visits that
occurred in the residence of the child.
``(B) Amounts allotted for succeeding fiscal
years.--In the case of amounts reserved pursuant to
section 436(b)(4)(A) for fiscal year 2008 or any
succeeding fiscal year:
``(i) Data showing frequency and location
of caseworker visits.--The State has provided
to the Secretary data which shows, for the
preceding fiscal year, that--
``(I) for at least 90 percent of
the children in foster care under the
responsibility of the State--
``(aa) the caseworker
handling the case of the child
visited the child at least once
each month while the child was
in such care; and
``(bb) the majority of the
visits occurred in the
residence of the child; or
``(II) the State made the requisite
annual progress, as determined by the
Secretary, to comply with subclause (I)
by October 1, 2011.
``(ii) State ability to verify frequency of
caseworker visits.--The Secretary has verified
that the State has in effect such policies and
standards as may be necessary to enable the
State to determine whether, for at least 90
percent of the children in foster care under
the responsibility of the State, a caseworker
visited the child at least once each month
during the fiscal year.
``(iii) Verification of nonsupplantation
compliance.--The State has provided to the
Secretary such documentation as may be
necessary to verify that the State has complied
with section 436(b)(4)(B)(ii) during the fiscal
year.''.
(c) Payments to States.--Section 434(a) of such Act (42 U.S.C.
629d(a)), as amended by section 2(b)(1) of this Act, is amended by
striking ``the lesser of--'' and all that follows and inserting the
following: ``the sum of--
``(1) the lesser of--
``(A) 75 percent of the total expenditures by the
State for activities under the plan during the fiscal
year or the immediately succeeding fiscal year; or
``(B) the allotment of the State under subsection
(a), (b), or (c) of section 433, whichever is
applicable, for the fiscal year; and
``(2) the lesser of--
``(A) 75 percent of the total expenditures by the
State in accordance with section 436(b)(4)(B) during
the fiscal year or the immediately succeeding fiscal
year; or
``(B) the allotment of the State under section
433(e) for the fiscal year.''.
SEC. 4. IMPROVEMENTS TO THE CHILD WELFARE SERVICES PROGRAM.
(a) Funding.--Subpart 1 of part B of title IV of the Social
Security Act (42 U.S.C. 620-628b) is amended by striking sections 420
and 425 and inserting after section 424 the following:
``limitations on authorization of appropriations
``Sec. 425. To carry out this subpart, there are authorized to be
appropriated to the Secretary not more than $325,000,000 for each of
fiscal years 2007 through 2011.''.
(b) Purpose of Program.--Such subpart is further amended--
(1) by redesignating sections 421 and 423 as sections 423
and 424, respectively, and by transferring section 423 (as so
redesignated) so that it appears after section 422; and
(2) by inserting after the subpart heading the following:
``purpose
``Sec. 421. The purpose of this subpart is to promote State
flexibility in the development and expansion of a coordinated child and
family services program that utilizes community-based agencies and
ensures all children are raised in safe, loving families, by--
``(1) protecting and promoting the welfare of all children;
``(2) preventing the neglect, abuse, or exploitation of
children;
``(3) supporting at-risk families through services which
allow children, where appropriate, to remain safely with their
families or return to their families in a timely manner;
``(4) promoting the safety, permanence, and well-being of
children in foster care; and
``(5) providing training, professional development and
support to ensure a well-qualified child welfare workforce.''.
(c) Modification of State Plan Requirements.--Section 422 of such
Act (42 U.S.C. 622) is amended--
(1) in subsection (b)--
(A) by striking paragraphs (3) through (5) and
inserting the following:
``(3) include a description of the services and activities
which the State will fund under the State program carried out
pursuant to this subpart, and how the services and activities
will achieve the purpose of this subpart;'';
(B) by striking paragraph (6) and inserting after
paragraph (3) (as added by subparagraph (A) of this
paragraph) the following:
``(4) contain a description of--
``(A) the steps the State will take to provide
child welfare services statewide and to expand and
strengthen the range of existing services and develop
and implement services to improve child outcomes; and
``(B) the child welfare services staff development
and training plans of the State;'';
(C) by redesignating paragraphs (7) through (9) as
paragraphs (5) through (7), respectively;
(D) in paragraph (10)--
(i) by striking subparagraph (A) and
redesignating subparagraph (B) as subparagraph
(A); and
(ii) by striking subparagraph (C) and
inserting after subparagraph (A) the following:
``(B) has in effect policies and administrative and
judicial procedures for children abandoned at or
shortly after birth which enable permanent decisions to
be made expeditiously with respect to the placement of
the children;'';
(E) in paragraph (14), by striking ``and'' at the
end;
(F) in paragraph (15), by striking the period and
inserting a semicolon;
(G) by redesignating paragraphs (10) through (15)
as paragraphs (8) through (13), respectively; and
(H) by adding at the end the following:
``(14) include assurances that not more than 10 percent of
the expenditures of the State with respect to activities funded
from amounts provided under this subpart will be for
administrative costs; and
``(15) outlines how the State will ensure that physicians
or other appropriate medical professionals are actively
consulted and involved in--
``(A) assessing the health and well-being of
children in foster care under the responsibility of the
State; and
``(B) determining appropriate medical treatment for
the children.''; and
(2) by adding at the end the following:
``(c) Definitions.--In this subpart:
``(1) Administrative costs.--The term `administrative
costs' means costs for the following, but only to the extent
incurred in administering the State plan developed pursuant to
this subpart: procurement, payroll management, personnel
functions (other than the portion of the salaries of
supervisors attributable to time spent directly supervising the
provision of services by caseworkers), management, maintenance
and operation of space and property, data processing and
computer services, accounting, budgeting, auditing, and travel
expenses (except those related to the provision of services by
caseworkers or the oversight of programs funded under this
subpart).
``(2) Other terms.--For definitions of other terms used in
this part, see section 475.''.
(d) Provisions Relating to State Allotments.--Section 423 of such
Act, as so redesignated by subsection (b)(1) of this section, is
amended--
(1) in subsection (a)--
(A) by inserting ``In General.--'' after ``(a)'';
(B) by striking ``420'' and inserting ``425''; and
(C) by striking ``He'' and inserting ``The
Secretary'';
(2) in subsection (b)--
(A) by inserting ``Determination of State Allotment
Percentages.--'' after ``(b)''; and
(B) by striking ``per centum'' each place it
appears and inserting ``percent'';
(3) in subsection (c), by inserting ``Promulgation of State
Allotment Percentages.--'' after ``(c)'';
(4) in subsection (d)--
(A) by inserting ``United States Defined.--'' after
``(d)''; and
(B) by striking ``fifty'' and inserting ``50''; and
(5) by adding at the end the following:
``(e) Reallotment of Funds.--
``(1) In general.--The amount of any allotment to a State
for a fiscal year under the preceding provisions of this
section which the State certifies to the Secretary will not be
required for carrying out the State plan developed as provided
in section 422 shall be available for reallotment from time to
time, on such dates as the Secretary may fix, to other States
which the Secretary determines--
``(A) need sums in excess of the amounts allotted
to such other States under the preceding provisions of
this section, in carrying out their State plans so
developed; and
``(B) will be able to so use such excess sums
during the fiscal year.
``(2) Considerations.--The Secretary shall make the
reallotments on the basis of the State plans so developed,
after taking into consideration--
``(A) the population under 21 years of age;
``(B) the per capita income of each of such other
States as compared with the population under 21 years
of age; and
``(C) the per capita income of all such other
States with respect to which such a determination by
the Secretary has been made.
``(3) Amounts reallotted to a state amounts deemed part of
state allotment.--Any amount so reallotted to a State is deemed
part of the allotment of the State under this section.''.
(e) Payments to States.--
(1) Exclusion of expenditures for day care, foster care,
and adoption assistance from allowable expenditures.--Section
424 of such Act, as so redesignated by subsection (b)(1) of
this section, is amended--
(A) in subsection (c)--
(i) in paragraph (1)--
(I) by striking ``(1)'';
(II) by striking ``, for any fiscal
year beginning after September 30,
1979,'';
(III) in subparagraph (A), by
striking ``necessary'' and all that
follows through ``living''; and
(IV) in subparagraph (C), by
striking ``, to the extent'' and all
that follows through ``1979''; and
(ii) by striking paragraph (2); and
(B) in subsection (d)--
(i) by striking ``(excluding expenditures
for activities specified in subsection
(c)(1))''; and
(ii) by striking ``such activities'' and
inserting ``activities specified in subsection
(c)''.
(2) Limitation on administrative cost reimbursement.--
Section 424 of such Act (42 U.S.C. 623), as so redesignated by
subsection (b)(1) of this section, is amended by adding at the
end the following:
``(e) Limitation on Reimbursement for Administrative Costs.--The
Secretary shall not make a payment to a State under this section with
respect to expenditures during a fiscal year for administrative costs,
to the extent that the total amount of the expenditures exceeds 10
percent of the total expenditures of the State during the fiscal year
for activities funded from amounts provided under this subpart.''.
(3) Technical amendment.--Section 424(a) of such Act, as so
redesignated by subsection (b)(1) of this section, is amended
by striking ``per centum'' and inserting ``percent''.
(f) Elimination of Obsolete Provision.--Section 426 (42 U.S.C. 626)
is amended by striking subsection (b) and redesignating subsection (c)
as subsection (b).
(g) Conforming Amendments.--
(1) Section 428(b) of such Act (42 U.S.C. 628(b)) is
amended by striking ``421'' and inserting ``423''.
(2) Section 429 of such Act (42 U.S.C. 628a) is amended--
(A)(i) by striking the following:
``child welfare traineeships
``Sec. 429. The Secretary''; and
(ii) inserting the following:
``(c) Child Welfare Traineeships.--The Secretary''; and
(B) by transferring the provision to the end of
section 426 (as amended by subsection (f) of this
section).
(3) Section 429A of such Act (42 U.S.C. 628b) is
redesignated as section 429.
(4) Section 433(b) of such Act (42 U.S.C. 629c(b)) is
amended by striking ``421'' and inserting ``423''.
(5) Section 437(c)(2) of such Act (42 U.S.C. 629g(c)(2)) is
amended by striking ``421'' and inserting ``423''.
SEC. 5. REAUTHORIZATION OF THE COURT IMPROVEMENT PROGRAM.
Section 438 of the Social Security Act (42 U.S.C. 629h) is amended
in each of subsections (c)(1)(A) and (d) by striking ``2006'' and
inserting ``2011''.
SEC. 6. REAUTHORIZATION OF PROGRAM FOR MENTORING CHILDREN OF PRISONERS.
Section 439 of the Social Security Act (42 U.S.C. 629i) is
amended--
(1) in subsection (c), by striking ``2002 through 2006''
and inserting ``2007 through 2011''; and
(2) in subsection (h), by striking paragraph (1) and
inserting the following:
``(1) Limitations on authorization of appropriations;
reservation of certain amounts.--To carry out this section,
there are authorized to be appropriated to the Secretary such
sums as may be necessary for fiscal years 2007 through 2011.''.
SEC. 7. AVAILABILITY OF ADDITIONAL PROMOTING SAFE AND STABLE FAMILIES
RESOURCES FOR FISCAL YEAR 2006.
(a) Appropriation.--Out of any money in the Treasury of the United
States not otherwise appropriated, there are appropriated to the
Secretary of Health and Human Services $40,000,000 for fiscal year 2006
to carry out subpart 2 of part B of title IV of the Social Security
Act, in addition to any amount otherwise made available for fiscal year
2006 to carry out such subpart.
(b) Availability of Funds.--Notwithstanding section 434(b)(2) of
such Act, the amounts paid to States from the amount appropriated under
subsection (a) of this section shall remain available for expenditure
by the States through fiscal year 2008.
SEC. 8. REPORTS.
Section 435 of the Social Security Act (42 U.S.C. 629e) is amended
by adding at the end the following:
``(e) Reports.--
``(1) Content.--The Secretary shall submit to the Committee
on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate biennial reports on--
``(A) the level of expenditures, and the programs
and activities funded, under subpart 1 and this subpart
by each State, territory, and Indian tribe to which
funds are paid under this part;
``(B) the number of children and families served by
each such State, territory, and Indian tribe under the
programs; and
``(C) how spending under the programs has helped
achieve the goals identified by each such State,
territory, and Indian tribe as part of the annual
planning process undertaken in developing plans
pursuant to this part.
``(2) Timing.--The Secretary shall submit the biennial
reports required by paragraph (1) not later than July 1, 2008,
and not later than July 1 of every other calendar year
thereafter.''.
SEC. 9. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided in this section, the
amendments made by this Act shall take effect on October 1, 2006, and
shall apply to payments under part B of title IV of the Social Security
Act for calendar quarters beginning on or after such date, without
regard to whether regulations to implement the amendments are
promulgated by such date.
(b) Delay Permitted if State Legislation Required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is required in
order for a State plan developed pursuant to subpart 1 of part B, or a
State plan approved under subpart 2 of part B, of title IV of the
Social Security Act to meet the additional requirements imposed by the
amendments made by this Act, the plan shall not be regarded as failing
to meet any of the additional requirements before the 1st day of the
1st calendar quarter beginning after the first regular session of the
State legislature that begins after the date of the enactment of this
Act. If the State has a 2-year legislative session, each year of the
session is deemed to be a separate regular session of the State
legislature.
(c) Availability of Additional Promoting Safe and Stable Families
Resources for Fiscal Year 2006.--Section 7 shall take effect on the
date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Reported (Amended) by the Committee on Ways and Means. H. Rept. 109-555.
Reported (Amended) by the Committee on Ways and Means. H. Rept. 109-555.
Placed on the Union Calendar, Calendar No. 311.
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