[House Report 109-555]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-555
======================================================================
CHILD AND FAMILY SERVICES IMPROVEMENT ACT OF 2006
_______
July 12, 2006.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Thomas, from the Committee on Ways and Means, submitted the
following
R E P O R T
[To accompany H.R. 5640]
[Including cost estimate of the Congressional Budget Office]
The Committee on Ways and Means, to whom was referred the
bill (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, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
CONTENTS
Page
I. Introduction......................................................8
A. Purpose and Summary................................... 8
B. Background and Need for Legislation................... 9
C. Legislative History................................... 9
II. Explanation of Provisions........................................10
III.Votes of the Committee...........................................23
IV. Budget Effects of the Bill.......................................23
A. Committee Estimate of Budgetary Effects............... 23
B. Statement Regarding New Budget Authority and Tax
Expenditures........................................... 23
C. Cost Estimate Prepared by the Congressional Budget
Office................................................. 23
V. Other Matters Required To Be Discussed Under the Rules of the Hou26
A. Committee Oversight Findings and Recommendations...... 26
B. Statement of General Performance Goals and Objectives. 26
C. Constitutional Authority Statement.................... 27
D. Information Related to Unfunded Mandates.............. 27
VI. Changes in Existing Laws Made by the Bill, as Reported...........27
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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 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 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''.
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 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. 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 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.
I. INTRODUCTION
A. Purpose and Summary
The Committee bill, H.R. 5640, as amended, includes
provisions to (1) reauthorize the Promoting Safe and Stable
Families (PSSF) program, (2) target resources towards ensuring
children in foster care are visited on a monthly basis by
caseworkers, (3) improve the Child Welfare Services (CWS)
program, (4) reauthorize the Court Improvement Program, (5)
reauthorize the Mentoring Children of Prisoners Program, and
(6) appropriate for fiscal year (FY) 2006 the additional $40
million in mandatory funding provided under the Deficit
Reduction Act of 2005 (P.L. 109-171) for the PSSF program.
Section 1 provides the short title of the bill. Section 2
includes a set of findings to the underlying bill which
describe what is known about how States spend child protective
services funds, and refer to research suggesting the changes
included in this legislation will better protect children.
Section 3 extends the authorization of mandatory funding
for the PSSF program at the current $345 million level for each
of fiscal years (FYs) 2007 through 2011 and also extends the
authorization of discretionary appropriations at the current
$200 million level for each of FYs 2007 through 2011. It also
seeks to focus program spending on services to families,
increases the share of program funds set aside for Indian
tribes, and allows tribal consortia to seek PSSF program funds.
Section 4 of the bill targets the recent $40 million
increase in PSSF funds to support monthly caseworker visits
with children in foster care, with a primary emphasis on
activities designed to improve caseworker retention,
recruitment, training, and ability to access the benefits of
technology.
Section 5 makes several technical changes and other
improvements to the CWS program, generally conforming this
program more closely to the PSSF program, which shares many of
the same goals.
Sections 6 and 7 reauthorize the current Court Improvement
and Mentoring Children of Prisoners programs at their current
funding levels, for each of FYs 2007 through 2011.
Section 8 appropriates for FY 2006 only the additional $40
million in PSSF funds provided under the Deficit Reduction Act
of 2005 (P.L. 109-171).
Section 9 provides for certain biennial reports to the
House Committee on Ways and Means and the Senate Committee on
Finance on programs and activities funded by the CWS and PSSF
programs.
Section 10 provides for effective dates.
B. Background and Need for Legislation
The bill approved by the Committee reauthorizes and
improves important child protection programs. It reauthorizes
the PSSF program for five years and targets new resources to
ensure children in foster care are visited on a monthly basis
by their caseworkers, responding to research showing a strong
correlation between frequent caseworker visits and positive
outcomes for children.
The bill improves and updates the CWS program, better
aligning the services intended to ensure the safety,
permanency, and well-being of children provided through this
program and the PSSF program. It also continues the Court
Improvement Program, the Mentoring Children of Prisoners
program and ensures the availability of the additional $40
million provided for the PSSF program in FY 2006 by the Deficit
Reduction Act of 2005 (P.L. 109-171).
C. Legislative History
H.R. 5640 was introduced on June 20, 2006 and was referred
to the Committee on Ways and Means. The Committee on Ways and
Means marked up the bill on June 29, 2006 and ordered the bill,
as amended, favorably reported.
The Committee on Ways and Means Subcommittee on Human
Resources held a hearing on May 23, 2006 on proposals to
improve child protective services such as those supported by
the PSSF and CWS programs. Witnesses at this hearing provided
comments on draft legislation reflecting provisions
subsequently introduced by Subcommittee on Human Resources
Chairman Wally Herger (R-CA) and Ranking Member Jim McDermott
(D-WA) as H.R. 5640. In recent years, the Subcommittee on Human
Resources also has conducted a series of oversight hearings on
various aspects of the child protection system, which generally
indicated a need for improved oversight and accountability
throughout these programs.
II. EXPLANATION OF PROVISIONS
SECTION 1. SHORT TITLE
Present Law
No provision.
Explanation of Provision
The Act is named the ``Child and Family Services
Improvement Act of 2006.''
Reason for Change
Not applicable.
SECTION 2. FINDINGS
Present Law
No provision.
Explanation of Provision
The legislation includes a series of findings that (1)
describe what is known about how States spend child protective
services funds, (2) outline what measures research suggests are
effective to combat child abuse and ensure child safety, and
(3) highlight the goals and objectives for the approximately
$700 million provided each year for the Child Welfare Services
(CWS) and Promoting Safe and Stable Families (PSSF) programs.
Reason for Change
The findings highlight noteworthy changes made in this
legislation that will improve and strengthen child protection
programs and encourage States to invest Federal resources in
up-front prevention activities to better ensure children are
raised in safe, loving families.
SECTION 3. REAUTHORIZATION OF THE SAFE AND STABLE FAMILIES PROGRAM
Present Law
The Promoting Safe and Stable Families Amendments of 2001
(P.L. 107-133) made a series of findings describing (1) the
effectiveness of family support programs directed at specific
vulnerable populations, (2) the purpose of family preservation
programs, (3) the importance of making available in a timely
manner services that address family problems (in particular,
services and treatment addressing substance abuse), and (4) how
the rapid increase in the number of adoptions since enactment
of the Adoption and Safe Families Act of 1997 has created a
need for post-adoption services and for knowledgeable post-
adoption service providers.
As a condition of approval of their State plan for the PSSF
program, States must assure that they will spend no more than
10 percent of the Federal funds they receive for the PSSF
program on administrative costs.
For fiscal year (FY) 2006, $345 million in mandatory
funding is authorized for the PSSF program. For each of FYs
2002 through 2006, discretionary appropriations of up to $200
million are authorized for the PSSF program.
For each of fiscal years (FYs) 2002 through 2006, present
law provides that one percent of the mandatory funds authorized
and two percent of any discretionary funds appropriated for the
PSSF program must be set-aside for tribal child and family
services programs. Therefore, the minimum funding available per
year for tribal programs is $3.45 million and the maximum is
$7.45 million.
To receive PSSF funding, tribes must meet the same plan
requirements that States must meet, which are generally related
to planning and reporting on the planned use of the funds,
providing services, and administering the funds received.
However, the Secretary of the U.S. Department of Health and
Human Services (the Secretary) may exempt an Indian tribe from
any of the plan requirements that it determines is
inappropriate for that tribe, after taking into account the
resources, needs, and other circumstances of the tribe.
Out of the funds reserved for tribal child and family
services programs from the PSSF appropriations, allotments are
made to each eligible tribe based on the tribe's relative share
of individuals under the age of 21 (among all eligible tribes).
However, no tribe may have an approved program plan (i.e. be
eligible for PSSF funding) if its allotment under this formula
would be less than $10,000.
For the purposes of the PSSF program, present law defines
``Indian tribe'' as any Indian tribe and any Alaska native
organization as they were defined in a certain section of the
Job Opportunities and Basic Skills (JOBS) program (Title IV-F)
of the Social Security Act as that section was in effect on
August 22, 1986. The JOBS program was repealed as of the
enactment (on August 22, 1996) of the Personal Responsibility
and Work Opportunity Reconciliation Act (P.L. 104-193) of 1996.
Explanation of Provision
The legislation removes the findings subsection from
present law.
It prohibits the Secretary from making any payment of PSSF
funds to a State for administrative costs that exceed 10
percent of total program expenditures (Federal and non-Federal)
of a State.
The legislation extends the authorization of mandatory
funding for the PSSF program at the current $345 million level
for each of FYs 2007 through 2011. It also extends the
authorization of discretionary appropriations for the PSSF
program at the current $200 million level for each of FYs 2007
through 2011.
The legislation increases the set-aside for tribal programs
to 3 percent of any discretionary funds appropriated. It also
increases the set-aside for tribal programs to 3 percent of the
mandatory funds authorized and which remain after the separate
reservation of funds for monthly caseworker visits is made (see
additional provisions in Section 4 of the legislation described
below). Therefore, the minimum funding available per year for
tribal programs would be $9.15 million and the maximum funding
would be $15.15 million. The legislation eliminates the ability
of the Secretary to exempt tribes from any of the PSSF plan
requirements. It permits an intertribal consortium (a group of
tribes) to submit a single PSSF program plan for approval and
clarifies that tribes can form consortia in order to meet the
$10,000 minimum funding threshold required to be eligible to
receive tribal PSSF funds.
The legislation makes a technical correction by striking
the incorrect reference to ``1986'' and replacing it with
``1996.''
Reason for Change
The PSSF program supports four categories of services
provided to children and families: family preservation
services, community-based family support services, time-limited
reunification services, and adoption promotion and support
services. The legislation recognizes the importance of
encouraging States to invest in these activities. Thus the
legislation provides for a $200 million increase in mandatory
PSSF funds over the next five years, as made possible by the
Deficit Reduction Act of 2005 (P.L. 109-171). In total $345
million in mandatory funding (the recent $305 million allotment
of annual mandatory funds, plus a $40 million annual increase
provided under the Deficit Reduction Act of 2005) will be
provided in each of FYs 2007 through 2011. The legislation also
maintains the current level of discretionary appropriations by
also authorizing $200 million for each of FYs 2007 through
2011.
To ensure that the vast majority of these funds are
invested in up-front prevention activities intended to protect
children and support families, thereby preventing the
unnecessary placement or lingering of children in foster care,
this legislation prohibits the Secretary from making any
payment of PSSF funds to a State for administrative costs that
exceed 10 percent of the total (Federal and non-Federal) PSSF
expenditures of the State.
The legislation also recognizes the importance of assisting
tribes in their efforts to assist abused and neglected
children. The legislation significantly increases the amount of
funds provided to tribes and allows tribal consortia to apply
for PSSF funds. To collect additional data and ensure proper
oversight of these funds, tribes and tribal consortia
interested in applying for this substantial increase in PSSF
funds will be required to adhere to the same plan requirements
as States. The Committee looks forward to examining this
additional data to learn how these funds have helped the tribes
better ensure the safety, permanency, and well-being of tribal
children.
SECTION 4. TARGETING OF INCREASED SAFE AND STABLE FAMILIES PROGRAM
RESOURCES TO SUPPORT MONTHLY CASEWORKER VISITS
Present Law
Out of the total annual mandatory funds authorized for the
PSSF program, one percent is reserved for tribal funding, $10
million is reserved for the Court Improvement Program, and $6
million is reserved for research, evaluation, training and
technical assistance related to the PSSF program. The remaining
funds are then allotted to the States and territories.
A State, tribe, or territory is entitled to receive its
full allotment of mandatory PSSF funds or an amount equal to 75
percent of its total expenditures for activities under the PSSF
plan (whichever is less). Each State's allotment of mandatory
(and any discretionary) funding is determined by each State's
average relative share of children receiving food stamps (based
on the most recent 3 years of data). Allotments for the five
territories (American Samoa, Guam, Northern Mariana Islands,
Puerto Rico, and the Virgin Islands) are based on the formula
that is used to distribute CWS funds. Each territory receives a
minimum allotment of $70,000 and the remaining funds are
distributed based on the assumption that each territory has low
per capita income and on the relative share of the population
under age 21 in the territory.
A State, tribe, or territory may certify that it will not
need some or all of the PSSF funds allotted to it for a given
fiscal year and the Secretary must re-allot those funds (using
the regular program allotment methodology) to the other States,
tribes, or territories.
Explanation of Provision
The legislation provides that out of the $345 million in
mandatory funds authorized for the PSSF program in each of FYs
2006 through 2011, $40 million must be reserved annually to
support monthly caseworker visits of children 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. (Note: Funds for FY 2006 were authorized under the
Deficit Reduction Act of 2005 (P.L. 109-171), but are
appropriated under Section 8 of this legislation; see below.)
States receiving an allotment of the $40 million reserved
from PSSF funds to support monthly caseworker visits of
children in foster care cannot use these funds to supplant any
Federal funds already paid to the State under the Title IV-E
program that could be used for the purposes outlined above.
As provided in Section 3 of the legislation, 3 percent of
mandatory PSSF funds would be set aside for tribal programs.
This legislation provides that the determination of the tribal
set-aside amount would be made after the set-aside of $40
million to support monthly caseworker visits, but before any
other reservations or allotments of PSSF funds are made.
The re-allotment provisions do not apply to the allotment
of funds made out of the $40 million in funding that is
reserved for support of monthly caseworker visits.
For FY 2006 and any succeeding fiscal year, funds reserved
to support monthly caseworker visits are to be distributed to
each territory or State that meets the specific requirements to
receive funding provided for that fiscal year. PSSF funds to
support monthly caseworker visits would be allotted first to
eligible territories as they are currently allotted for the CWS
program, except that there would be no minimum allotment of
$70,000. The remaining reserved funds to support monthly
caseworker visits would be allotted to each eligible State
(including the District of Columbia) that meets the specific
requirements for the funding. Each State's allotment from the
$40 million set-aside would be based on the State's relative
share of the average monthly number of children receiving food
stamps (based on the most recent 3 years of data), among all
States who meet the requirements to receive these funds.
There would be no specific requirements for a State or
territory to receive its allotment out of this $40 million
provided in FY 2006, although States and territories would need
to adhere to the general rules related to PSSF program funds.
These rules require that these funds may not be used to
supplant Federal Title IV-E funds available for the same
purposes. Also, to receive its full allotment of the funds, a
State or territory must provide at least 25 percent of the
total expenditures for activities to support monthly caseworker
visits.
To receive its allotment from the $40 million provided for
FY 2007, the legislation requires a State or territory to
provide data to the Secretary that show, for the most recent
fiscal year that the information is available, the percentage
of children in its foster care caseload that received at least
one visit per month from their assigned caseworker and the
percentage of those visits that occurred in the child's
residence.
To receive its allotment from the $40 million provided for
FY 2008 and every fiscal year that follows, each State and
territory would be held accountable for their efforts to
monitor foster children. In order to continue to receive their
share of these funds in FY 2008 and subsequent years, the
legislation requires a State or territory to provide data to
the Secretary showing that in the preceding fiscal year, (1) at
least 90 percent of its children in foster care were visited by
their assigned caseworkers at least once each month, and the
majority of those visits occurred at the children's residences,
or (2) that the State or territory is making the ``requisite
annual progress,'' as determined by the Secretary, to assure
these visits occur for at least 90 percent of their foster
children no later than October 1, 2011. In addition, a State or
territory must have in effect policies and standards, as
determined by the Secretary, to know whether for at least 90
percent of their foster children the caseworker visited the
child at least once each month during the fiscal year. Finally,
the State or territory also must provide to the Secretary
whatever documentation is necessary to demonstrate that it has
not used these PSSF funds to supplant any Federal Title IV-E
funding available for the same purposes.
The legislation entitles a State, tribe, or territory to
receive the lesser of its full allotment of the mandatory PSSF
funds which are not provided to support monthly caseworker
visits, or an amount equal to 75 percent of its total
expenditures for activities under the PSSF plan. Separately,
the legislation also entitles a State or territory to receive
the lesser of its full allotment of mandatory PSSF funds to
support monthly caseworker visits, or an amount equal to 75
percent of its total expenditures for activities designed to
support these visits.
Reason for Change
This legislation targets the additional $40 million in
mandatory PSSF funds provided through the Deficit Reduction Act
of 2005 (P.L. 109-171) to support monthly caseworker visits
with children in foster care, with a primary emphasis on
activities designed to improve caseworker retention,
recruitment, training, and ability to access the benefits of
technology. In order to be eligible to receive these funds in
FY 2007, States and territories would need to provide data to
the Secretary on the percentage of foster children visited by
their assigned caseworker at least once each month and the
percentage of these visits that occurred in the child's
residence. Beginning with FY 2008, States and territories would
remain eligible for a share of this $40 million set-aside from
mandatory PSSF funds only if they can document that, for at
least 90 percent of children in foster care under the
responsibility of the State, either (1) the foster children are
visited on a monthly basis by their assigned caseworker and the
majority of these visits occurred in the child's residence, or
(2) the State or territory is making progress necessary to
achieve this 90 percent standard by October 1, 2011, as
determined by the Secretary.
The targeting of these funds responds to research
highlighting how monthly visits of foster children leads to
better outcomes. The U.S. Department of Health and Human
Services (HHS) recently completed initial Child and Family
Service Reviews (CFSRs) in each State. No State was in full
compliance with all measures identified in their CFSRs. The
CFSRs 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 to
strengthen up-front services provided to families to prevent
unnecessary family break-up and protect children who remain at
home. The CFSRs also found a strong correlation between
frequent caseworker visits with children and positive outcomes
for children, such as timely achievement of permanency and
other indicators of child well-being.
Even though such research links positive results with
frequent caseworker visits, and despite the fact nearly all
States had written standards suggesting monthly visits were
State policy, a December 2005 report completed by the HHS
Office of the Inspector General found that only 20 States were
able to produce reports showing whether caseworkers actually
visited children in foster care on at least a monthly basis.
Further, seven of these 20 States indicated that fewer than
half of the children in foster care were visited on a monthly
basis. A 2003 report by the Government Accountability Office
(GAO, formerly the General Accounting Office) also found that
the average tenure for a child welfare caseworker is less than
two years and that this level of turnover negatively affects
safety and permanency for children. Targeting the additional
$40 million in 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.
Under the legislation, States and territories retain the
flexibility to determine what activities will best assist them
as they work to achieve monthly caseworker visits for at least
90 percent of children in foster care under the responsibility
of the State. The legislation specifies that these additional
funds are to support monthly caseworker visits, with a primary
emphasis on activities designed to improve caseworker
retention, recruitment, training, and ability to access the
benefits of technology. However, amounts spent by States for
these activities may not supplant what States already spend
from their Title IV-E programs for these activities. The
resources provided from this set-aside are intended to increase
State investment in these important areas.
Some examples of the types of activities these funds may
support include bonuses to caseworkers to support retention,
increased training to assist caseworkers in their efforts to
better protect children in care, better technology (i.e. laptop
computers, cell phones, etc.) to ease administration and
improve oversight of children in care, and loan forgiveness
programs for child welfare caseworkers. However, States and
territories should remain cognizant that continued receipt of
these funds beyond FY 2007 will be contingent on their ability
to document foster children are being visited on at least a
monthly basis and that the majority of these visits occur in
the child's residence, and that these funds cannot supplant
what the State is already investing in these activities and for
which the State is being reimbursed under the Title IV-E
program. The Committee encourages States to invest in those
activities with proven effectiveness in supporting monthly
caseworker visits of foster children.
SECTION 5. IMPROVEMENTS TO THE CHILD WELFARE SERVICES PROGRAM
Present Law
Section 420 authorizes discretionary appropriations of up
to $325 million per year for the CWS program on an indefinite
basis. It also provides that funding for this program must be
made in advance appropriations--that is, provided in the
appropriation cycle immediately before the year in which States
are allotted the funds--and includes language permitting two
years of appropriations for this program in one appropriations
bill to permit a transition to an advance appropriation.
Section 420 further specifies that the purpose of the CWS
program is to enable the United States, through the Secretary,
to cooperate with State public welfare agencies to establish,
extend and strengthen child welfare services.
Section 425 defines child welfare services for all of Title
IV-B of the Social Security Act as public social services that
aim to achieve the following purposes: (1) protecting and
promoting the welfare of all children, including handicapped,
homeless, dependent, or neglected children; (2) preventing or
remedying, or assisting in the solution of problems which may
result in the neglect, abuse, exploitation, or delinquency of
children; (3) preventing the unnecessary separation of children
from their families by identifying family problems, assisting
families in resolving their problems, and preventing breakup of
the family where the prevention of child removal is desirable
and possible; (4) restoring to their families children who have
been removed, by the provision of services to the child and the
families; (5) placing children in suitable adoptive homes, in
cases where restoration to the biological family is not
possible or appropriate; and (6) assuring adequate care of
children away from their homes, in cases where the child cannot
be returned home or cannot be placed for adoption.
Section 425 further specifies that money spent by States to
comply with certain child protections and certain reporting
requirements, or to provide reimbursement to families for non-
recurring expenses related to the adoption of children (who
meet the Federal eligibility criteria of Title IV-E) are to be
understood as having been spent on child welfare services (as
defined).
To be eligible for CWS funding, States are required to
develop a plan that meets a number of requirements as specified
in Section 422. Among other things, States are required to: (1)
assure that standards and requirements imposed for child day
care provided under Title XX (Social Services Block Grant) are
applied to day care provided under this program (except for
eligibility requirements); (2) assure that the State will train
and make effective use of paid paraprofessional staff in
administering the program (with particular emphasis on the full
or part-time employment of low income individuals as community
services aides), and of volunteers (unpaid or partially paid)
to provide services and assist any advisory committees
established by the State agency; (3) describe the services to
be provided with CWS funds and the geographic areas where the
services will be available; (4) describe the steps the State
will take to provide these services and to make progress in
covering additional political subdivisions and to expand and
strengthen the range of existing services; and (5) describe the
State's child welfare services staff development and training
plan.
To be eligible for CWS funding, a State also must (since
June 17, 1980) have completed an inventory of all children who
had been in foster care for at least six months. Further, it
must have reviewed State policies and judicial procedures
regarding children abandoned shortly after birth (including
policies related to legal representation of these children) and
must be implementing policies and procedures determined (based
on this review) to enable permanency decisions to be made
expeditiously for abandoned children.
Section 425 provides that other definitions related to
Title IV-B are included in Section 475. There is no statutory
definition of administrative costs for purposes of the CWS
program.
Funds appropriated for CWS are allotted to States
(including territories) based on a statutory formula specified
in Section 421.
Section 424 specifies that if a State certifies that it
will not need all of its allotment of CWS funding to carry out
its plan, those funds must be available for re-allotment to
other States by the Secretary. However, CWS funds that are
withheld or recovered because of a State's failure to meet the
State plan requirements outlined in Section 422(b)(10),
commonly referred to as the foster child protection
requirements, may not be re-allotted by the Secretary.
Under Section 423, States are limited in the amount of
Federal CWS funds that they may spend for foster care
maintenance payments, adoption assistance payments and child
day care necessary solely to allow the training or employment
of a parent or relative with whom the child is living. No State
may spend more of its Federal CWS funds for these purposes than
the amount of the Federal funds it received for the CWS program
in FY 1979 (when total Federal funding was $56.5 million).
However, State expenditures on foster care maintenance payments
may be counted as child welfare services for purposes of a
State's satisfying the 25 percent match required to receive its
full allotment of CWS funds.
Section 423 further specifies that a State may not receive
more Federal funding for the CWS program than it received in FY
1979 unless the State maintains at least the level of non-
Federal (State and local) expenditures it spent for these
services in FY 1979. In determining both what the State's FY
1979 expenditure level was and what the State's current
spending level is, States are to exclude all spending for
foster care maintenance payments, adoption assistance payments,
and child day care necessary solely to allow the training or
employment of a parent or relative with whom the child is
living.
Section 426(b) authorizes $4 million for each of FYs 1988
through 1990 to enable the Secretary to make grants to public
or private non-profit entities to conduct demonstration
projects to develop alternative care arrangements for healthy
infants who would otherwise remain in inappropriate hospital
settings.
Section 429 authorizes the Secretary to provide grants to a
public or non-profit institution of higher learning to provide
stipends for child welfare worker traineeships.
Explanation of Provision
The legislation maintains the annual discretionary
authorization level of $325 million per year but limits the
funding authorization to each of FYs 2007 through 2011 and
moves this provision to Section 424. It eliminates the
provision in Section 420 related to advance appropriations,
including the provision related to making the transition from
regular to advance appropriations.
The legislation strikes the ``purpose'' provision contained
in Section 420 and the provisions in Section 425 that (1)
define child welfare services and (2) specify that money spent
for certain activities is understood as spent for child welfare
services. It creates a new Section 421 stating that the purpose
of the CWS program is to promote State flexibility in the
development and expansion of a coordinated child and family
services program that utilizes community-based agencies and
that 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.
The legislation eliminates the plan requirements in Section
422 related to child day care standards and those related to
the use of paraprofessionals or volunteers. It restates and
renumbers the remaining provisions with generally the same
intent. The legislation provides that States must describe the
services and activities to be funded under the CWS program and
how those services will achieve the purposes of the CWS
program. It also requires a State to describe the steps it will
take to provide child welfare services Statewide, to expand and
strengthen the range of its existing services, and to develop
and implement services to improve child outcomes. It requires
the State to describe its child welfare services staff
development and training plan.
The legislation deletes the provision related to having
completed an inventory of children in foster care. It clarifies
that the State may include residential educational programs as
a living arrangement for children for whom reunification,
adoption, or guardianship have been ruled out as permanency
goals, and rewrites the provision concerning policies and
procedures for children abandoned shortly after birth to assert
that a State must have in effect administrative and judicial
procedures for children who are abandoned (at or shortly after
birth) to ensure expeditious decisions can be made for their
permanent placement.
The legislation includes two new State plan requirements
for the CWS program: (1) requiring a State to assure that no
more than 10 percent of the expenditures (Federal and non-
Federal) made under the CWS program will be for administrative
costs; and (2) outlining how the State will ensure that
physicians or other appropriate medical professionals are
actively consulted and involved in assessing the health and
well-being of foster children and in determining appropriate
medical treatment for these children.
The legislation restates that other definitions related to
Title IV-B are included in Section 475. It defines
administrative costs as those costs that the State incurs as
part of administering the CWS program, provided those costs are
for procurement, payroll management, management, personnel
functions (other than the portion of salaries of supervisors
attributable to time spent directly supervising the provision
of services by caseworkers), maintenance and operation of space
and property, data processing and computer services,
accounting, budgeting, auditing and travel expenses (other than
those related to caseworker provision of services or oversight
of programs funded under CWS).
The legislation maintains the current allotment method
while restating all of the allotment provisions to make
stylistic changes, including adding subsection headings to
describe subject matter and replacing ``per centum'' with
``percentage.'' It also makes conforming changes related to
proposed changes.
The legislation maintains the basic allotment provisions
but re-organizes them and includes subject headings. It deletes
the provision prohibiting re-allotment of funds based on
failure of a State to maintain the foster child protections
required in the CWS State plan.
The legislation generally prohibits use of CWS funds for
child day care, foster care maintenance payments, or adoption
assistance payments. However, it permits States that can
document to the Secretary that they spent CWS funds for those
purposes in FY 2005 to continue to do so, but limits the
amounts for these types of expenditures to the lesser of the
State's cap for these expenditures under current law or the
total amount of Federal funds they received for these
expenditures from CWS in FY 2005. Thus States are permitted to
maintain current spending for these purposes, subject to the
current law cap on such spending.
The legislation deletes a provision allowing States to
count spending on foster care maintenance payments for purposes
of providing matching funds under the CWS program. It provides
that in establishing what the required maintenance of effort
level is, the State must include the funds it spent in FY 1979
(under this program) for foster care maintenance payments,
adoption assistance payments and child day care. At the same
time, for the purpose of determining whether a State is meeting
that maintenance of effort requirement in FY 2007 and
subsequent fiscal years, the State must continue to exclude
costs for expenditures related to those same activities.
The legislation prohibits the Secretary from making any
payment of CWS funds to a State for administrative costs that
exceed 10 percent of the total (Federal and non-Federal)
expenditures for the program.
The legislation deletes Section 426(b) which authorized
funding of certain demonstration projects in FY 1998, FY 1999
and FY 1990.
It moves all of the language in Section 429 to a new
subsection of Section 426, and makes other changes to Title IV-
B related to the reordering or renumbering of provisions in the
CWS program.
Reason for Change
The legislation essentially reorganizes and updates the CWS
program.
Funding for CWS was first authorized in 1935 as part of the
original Social Security Act (P.L. 74-271). Relatively few
changes to this program have been made since 1980; thus
provisions and changes included in this legislation are
designed to ensure the focus of this program is on up-front
prevention activities and services that support caseworkers in
their efforts to protect children. For example, several
provisions are meant to ensure that CWS program funds are spent
on providing services to children and families, as opposed to
foster care and adoption payments and child care expenses for
which separate, and far larger, open-ended entitlement funds
may be available each year. Especially given the limited amount
of funds available for child protective services, and the
significantly increased mandatory funding provided for those
other purposes in recent years, this targeting of the CWS funds
make sense.
Finally, several provisions seek to better coordinate the
CWS program with the PSSF program, which combined make
available approximately $700 million per year for activities
that promote safety and ensure children are not needlessly
lingering in foster care. For example, the legislation provides
for the authorization of the CWS program through FY 2011--i.e.
the same duration as the reauthorization it provides for the
PSSF program--anticipating that future Congresses will examine
these related programs together and make decisions about
whether each is satisfying its intended purposes or needs
further improvement or other modification.
SECTION 6. REAUTHORIZATION OF THE COURT IMPROVEMENT PROGRAM
Present Law
For each of FYs 2002 through 2006, an eligible highest
State court (with an approved application) is entitled to a
share of funds to assess and make improvements to its handling
of child welfare procedures. A set-aside of $10 million from
the mandatory funds authorized and 3.3 percent of any
discretionary appropriation is provided from the PSSF program
to support the Court Improvement Program. To receive its full
allotment of these funds the court, in each of FYs 2002 through
2006, is required to provide at least 25 percent of the
expenditures for this purpose.
Explanation of Provision
The legislation extends both the entitlement to payment out
of the PSSF set-asides and the related matching requirement for
the courts to receive their share of these funds for each of
FYs 2007 through 2011.
Reason for Change
The Court Improvement Program has played an important role
in assisting State courts in their efforts to expedite judicial
proceedings for at-risk children. The legislation will ensure
these funds continue to remain available, and is in addition to
the $100 million provided over FYs 2006 through 2010 under the
Deficit Reduction Act of 2005 (P.L. 109-171) to support
training and data collection efforts of State courts.
SECTION 7. REAUTHORIZATION OF PROGRAM FOR MENTORING CHILDREN OF
PRISONERS
Present Law
For each of FYs 2002 through 2006, present law authorizes
the Secretary to make grants to support programs that provide
mentoring services to children of prisoners. The law provides
an indefinite authorization of appropriation of ``such sums as
may be necessary'' for the Mentoring Children of Prisoners
program.
Explanation of Provision
The legislation extends the authority of the Secretary to
make these grants for each of FYs 2007 through 2011 and limits
the program's funding authorization of ``such sums as may be
necessary'' to five years (FY 2007 through FY 2011).
Reason for Change
Research indicates that children with incarcerated parents
are seven times more likely than the general population to
become incarcerated themselves, and are more likely to display
a variety of behavioral, emotional, health, and educational
problems. The continuation of this program will enable public
and private organizations to establish or expand projects that
provide one-on-one mentoring for children of incarcerated
parents and those recently released from prison.
SECTION 8. AVAILABILITY OF ADDITIONAL PROMOTING SAFE AND STABLE
FAMILIES RESOURCES FOR FISCAL YEAR 2006
Present Law
In December 2005, the Departments of Labor, Health and
Human Services, and Education and Related Agencies
Appropriations Act, 2006 (P.L. 109-149) appropriated what was
then the full mandatory funding authorization of $305 million
for the PSSF program for FY 2006. Enacted in February 2006, the
Deficit Reduction Act of 2005 (P.L. 109-171) raised the
mandatory funding authorization for this program to $345
million for FY 2006.
States may expend PSSF program funds in the fiscal year for
which they were appropriated and in the immediately following
fiscal year (i.e. funds appropriated for FY 2006 may be spent
in FY 2006 and in FY 2007).
Explanation of Provision
The legislation provides the full FY 2006 mandatory funding
authorization for the PSSF program by appropriating an
additional $40 million in FY 2006 funds for the program. It
allows a State to expend its allotment of this $40 million in
FY 2006 PSSF funds in any of FY 2006, FY 2007 or FY 2008.
Reason for Change
The legislation makes available the full $345 million in
mandatory funding provided for FY 2006 for the PSSF program.
SECTION 9. REPORTS
Present Law
States are required to develop a five-year plan for their
use of PSSF funds, including goals established and services to
be provided (in a given geographic area and to how many
people). In addition, each State must annually review the
services offered and any progress made toward achieving the
goals established. The five-year plan, and annual review of
services and progress, must be provided to the Secretary and
made available to the public. As part of this same planning and
review process, States also must submit some information
related to their use of CWS funds.
Explanation of Provision
The legislation requires the Secretary to prepare a
biennial report showing by State, territory, and tribe: (1) the
level of expenditures and the programs and activities funded
under the PSSF and CWS programs; and (2) the number of children
and families served under the programs. In addition, it
requires the Secretary to report on how spending under these
programs has helped achieve the child and family services goals
established by each State, tribe, and territory, in the
required planning processes for these programs.
The legislation requires the Secretary to submit the first
such biennial report to the House Committee on Ways and Means
and the Senate Committee on Finance no later than July 1, 2008.
Subsequent reports must be submitted not later than July 1 of
every other year.
Reason for Change
The Committee is interested in learning about the services
and activities funded by the PSSF and CWS programs, and the
populations served by these child protection programs.
SECTION 10. EFFECTIVE DATES
Present Law
Not applicable.
Explanation of Provision
The amendments made by this act take effect as of the first
day of FY 2007--except that the appropriation of FY 2006 funds
for the PSSF program is effective immediately upon the
legislation's enactment. In addition, if the Secretary
determines that State legislation is required in order for a
State to meet any new requirement under this act, the State has
until the completion of the first State legislative session
after enactment of this act to comply with such new
requirements.
Reason for Change
The legislation provides for the effective date of these
changes, while allowing States ample time to make any necessary
changes to State laws.
III. VOTES OF THE COMMITTEE
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the following statements are made
concerning the vote of the Committee on Ways and Means in its
consideration of the bill, H.R. 5640.
MOTION TO REPORT THE BILL
The bill, H.R. 5640, as amended, was ordered favorably
reported by a voice vote (with a quorum being present).
IV. BUDGET EFFECTS OF THE BILL
A. Committee Estimate of Budgetary Effects
In compliance with clause 3(d)(2) of rule XIII of the Rules
of the House of Representatives, the following statement is
made concerning the effects on the budget of this bill, H.R.
5640, as reported: The Committee agrees with the estimate
prepared by the Congressional Budget Office (CBO) which is
included below.
B. Statement Regarding New Budget Authority and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee states that the
Committee bill increases authorization levels by $1 billion
over the 2007-2011 period. Certain child welfare programs
categorized as direct spending also would be reauthorized by
the bill, but the costs of extending these programs are already
included in CBO's baseline. Therefore, this bill would not
result in an estimated change in direct spending relative to
baseline projections.
C. Cost Estimate Prepared by the Congressional Budget Office
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, requiring a cost estimate
prepared by the CBO, the following report prepared by the CBO
is provided.
July 10, 2006.
Hon. William ``Bill'' M. Thomas,
Chairman, Committee on Ways and Means,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5640, the Child
and Family Services Improvement Act of 2006.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Christina
Hawley Anthony.
Sincerely,
Donald B. Marron,
Acting Director.
Enclosure.
H.R. 5640--Child and Family Services Improvement Act of 2006
Summary: H.R. 5640 would amend part B of title IV of the
Social Security Act to reauthorize various child welfare
programs and to direct funding to support monthly casework
visits for foster children. The bill would increase
authorization levels by $1 billion over the 2007-2011 period,
and, assuming the appropriation of the authorized amounts,
would result in additional outlays of $780 million over the
same period.
Certain child welfare programs categorized as direct
spending also would be reauthorized by the bill. As required by
the Deficit Control Act, the costs of extending those mandatory
programs--$1.4 billion over the 2007-2011 period--are already
included in CBO's baseline. Therefore, enacting H.R. 5640 would
not result in an estimated change in direct spending relative
to those baseline projections.
H.R. 5640 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
The bill would benefit state, local, and tribal governments and
any costs they incur would result from complying with
conditions of federal assistance.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 5640 is shown in the following table.
The costs of this legislation fall within budget function 500
(education, training, employment, and social services).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------
2006 2007 2008 2009 2010 2011
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law:
Estimated Authorization Level \1\............... 425 375 376 377 378 379
Estimated Outlays............................... 424 430 390 380 377 378
Proposed Changes:
Authorization Level............................. 0 200 200 200 200 200
Estimated Outlays............................... 0 40 150 190 200 200
Spending Under H.R. 5640:
Estimated Authorization Level \1\............... 425 575 576 577 578 579
Estimated Outlays............................... 424 470 540 570 577 578
Memorandum:
Direct Spending from Program Extensions Assumed in
CBO's Baseline:
Estimated Budget Authority...................... n.a. 345 345 345 345 345
Estimated Outlays............................... n.a. 93 283 328 345 345
----------------------------------------------------------------------------------------------------------------
\1\ The 2006 level is the amount appropriated for that year for Promoting Safe and Stable Families, Child
Welfare Services, and Mentoring Children of Prisoners.
NOTE: n.a.= not applicable.
Basis of estimate
For this estimate, CBO assumes that the legislation will be
enacted near the end of fiscal year 2006, and that the
authorized amounts will be appropriated for fiscal year 2007
and subsequent years. The estimated outlays reflect historical
spending patterns for these programs.
The bill would amend and reauthorize the Promoting Safe and
Stable Families (PSSF) program, Child Welfare Services (CWS),
and the Mentoring Children of Prisoners program. PSSF is
currently authorized through fiscal year 2006, and receives
both mandatory and discretionary funding. Funding for the
mandatory part of PSSF is $345 million for fiscal year 2006;
the discretionary portion received an appropriation of $89
million for this year. Reauthorization of PSSF would have no
effect on direct spending relative to CBO's baseline because
those mandatory costs are already assumed in the baseline.
The other two programs affected by this bill--Child Welfare
Services and the Mentoring Children of Prisoners program--are
permanently authorized. CWS is authorized at $325 million per
year, while the Mentoring Children of Prisoners program is
authorized at ``such sums as may be necessary.'' The programs
received funding of $287 million and $49 million, respectively,
for 2006.
Spending subject to appropriation
The bill would reauthorize discretionary grants under Title
IV-B of the Social Security Act, including the PSSF program,
CWS, and the program for mentoring children of prisoners. PSSF
currently is authorized through fiscal year 2006. The other
programs are permanently authorized.
Promoting Safe and Stable Families. Discretionary
appropriations for PSSF totaled $89 million for 2006. H.R. 5640
would authorize appropriations for the discretionary PSSF
grants at $200 million annually from 2007 through 2011, for a
total of $1 billion over that five-year period. Based on
historical spending rates for the program, CBO estimates that
resulting outlays would total $780 million over the 2007-2011
period.
Child Welfare Services. The bill would authorize the
appropriation of $325 million for fiscal years 2007 through
2011 for grants to states for child welfare services. Such
grants are permanently authorized at that level under current
law. Thus, the proposed change would not alter authorizations
over the next five years for CWS.
Mentoring Children of Prisoners. H.R. 5640 would authorize
the appropriation of such sums as may be necessary for the
Mentoring Children of Prisoners program from 2007 through 2011.
The program, which is permanently authorized, received an
appropriation of $49 million for fiscal year 2006. For the
purpose of this estimate, CBO estimates the ``such sums''
authorizations under current law by adjusting the 2006
appropriation for inflation. Because the bill would not change
the current-law authorization for this program, CBO estimates
that its enactment would result in no change for the 2007-2011
period.
Direct spending
H.R. 5640 would reauthorize mandatory grants under the PSSF
program at $345 million each year for fiscal years 2007 through
2011. Those grants currently are authorized at $345 million for
fiscal year 2006. Under the procedures specified in section 257
of the Deficit Control Act, the costs of extending PSSF are
assumed in CBO's baseline. The bill would reserve $40 million
of those funds for grants to states to support monthly visits
to foster children by caseworkers.
Provisions in section 5 of the bill could result in added
costs for the federal program that provides federal matching
funds to states for foster care and adoption assistance because
it would restrict the amount of funds that could be spent under
the CWS grants for foster care, adoption assistance, and child
care activities. Although the vast majority of CWS funds that
are spent on such activities go to expenses that would not be
reimbursable under the federal program for foster care and
adoption assistance, it is possible that the proposed
restriction could result in increased claims under that
program. The federal cost of any additional claims is likely to
be less than $500,000 each year, CBO estimates. (CBO estimates
that this change would have no effect on mandatory spending for
child care activities.)
Intergovernmental and private-sector impact: H.R. 5640
contains no intergovernmental or private-sector mandates as
defined in UMRA. State, local, and tribal governments would
benefit from grant funds authorized in the bill. Any costs they
incur from increased reporting of data would result from
complying with conditions of federal assistance.
Previous CBO estimate: On June 21, 2006, CBO transmitted a
cost estimate for S. 3525, the Improving Outcomes for Children
Affected by Meth Act of 2006, as ordered reported by the Senate
Committee on Finance on June 8, 2006. That bill does not
address the authorization of CWS, and would authorize the
Mentoring Children of Prisoners program at $67 million per year
from 2007 through 2011, as compared with the authorization of
such sums as may be necessary in H.R. 5640.
Estimate prepared by: Federal Costs: Christina Hawley
Anthony and Jonathan Morancy; impact on state, local, and
tribal governments: Lisa Ramirez-Branum; impact on the private
sector: Molly Dahl.
Estimate approved by: Robert A. Sunshine, Assistant
Director for Budget Analysis.
V. OTHER MATTERS REQUIRED TO BE DISCUSSED UNDER THE RULES OF THE HOUSE
A. Committee Oversight Findings and Recommendations
With respect to clause 3(c)(1) of rule XIII of the Rules of
the House of Representatives (relating to oversight findings),
the Committee, based on public hearing testimony and
information from the Administration, concluded that it is
appropriate and timely to consider the bill as reported.
B. Statement of General Performance Goals and Objectives
In compliance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee states that the
Child and Family Services Improvement Act of 2006 reauthorizes
and makes improvements to the PSSF and CWS programs and other
programs within the Committee's jurisdiction. Through reporting
requirements in the legislation, Congress and the
Administration will be able to assess State achievement of
specified program goals.
C. Constitutional Authority Statement
With respect to clause 3(d)(1) of the rule XIII of the
Rules of the House of Representatives (relating to
Constitutional Authority), the Committee states that the
Committee's action in reporting this bill is derived from
Article I of the Constitution, Section 8 (``The Congress shall
have power to lay and collect taxes, duties, imposts and
excises . . .''), and from the 16th Amendment to the
Constitution.
D. Information Relating to Unfunded Mandates
This information is provided in accordance with section 423
of the Unfunded Mandates Act of 1995 (P.L. 104-4).
The Committee has determined that the bill does not contain
Federal mandates on the private sector. The Committee has
determined that the bill does not impose a Federal
intergovernmental mandate on State, local, or tribal
governments.
VI. CHANGES IN EXISTING LAWS MADE BY THE BILL, AS REPORTED
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SOCIAL SECURITY ACT
* * * * * * *
TITLE IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH
CHILDREN AND FOR CHILD-WELFARE SERVICES
* * * * * * *
PART B--CHILD AND FAMILY SERVICES
Subpart 1--Child Welfare Services
[APPROPRIATION
[Sec. 420. (a) For the purpose of enabling the United States,
through the Secretary, to cooperate with State public welfare
agencies in establishing, extending, and strengthening child
welfare services, there is authorized to be appropriated for
each fiscal year the sum of $325,000,000.
[(b) Funds appropriated for any fiscal year pursuant to the
authorization contained in subsection (a) shall be included in
the appropriation Act (or supplemental appropriation Act) for
the fiscal year preceding the fiscal year for which such funds
are available for obligation. In order to effect a transition
to this method of timing appropriation action, the preceding
sentence shall apply notwithstanding the fact that its initial
application will result in the enactment in the same year
(whether in the same appropriation Act or otherwise) of two
separate appropriations, one for the then current fiscal year
and one for the succeeding fiscal year.]
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.
STATE PLANS FOR CHILD WELFARE SERVICES
Sec. 422. (a) * * *
(b) Each plan for child welfare services under this subpart
shall--
(1) * * *
* * * * * * *
[(3) provide that the standards and requirements
imposed with respect to child day care under title XX
shall apply with respect to day care services under
this part, except insofar as eligibility for such
services is involved;
[(4) provide for the training and effective use of
paid paraprofessional staff, with particular emphasis
on the full-time or part-time employment of persons of
low income, as community service aides, in the
administration of the plan, and for the use of nonpaid
or partially paid volunteers in providing services and
in assisting any advisory committees established by the
State agency;
[(5) contain a description of the services to be
provided and specify the geographic areas where such
services will be available;
[(6) contain a description of the steps which the
State will take to provide child welfare services and
to make progress in--
[(A) covering additional political
subdivisions,
[(B) reaching additional children in need of
services, and
[(C) expanding and strengthening the range of
existing services and developing new types of
services,
along with a description of the State's child welfare
services staff development and training plans;]
(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;
(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;
[(7)] (5) provide, in the development of services for
children, for utilization of the facilities and
experience of voluntary agencies in accordance with
State and local programs and arrangements, as
authorized by the State;
[(8)] (6) provide that the agency administering or
supervising the administration of the plan will furnish
such reports, containing such information, and
participate in such evaluations, as the Secretary may
require;
[(9)] (7) provide for the diligent recruitment of
potential foster and adoptive families that reflect the
ethnic and racial diversity of children in the State
for whom foster and adoptive homes are needed;
[(10)] (8) provide assurances that the State--
[(A) since June 17, 1980, has completed an
inventory of all children who, before the
inventory, had been in foster care under the
responsibility of the State for 6 months or
more, which determined--
[(i) the appropriateness of, and
necessity for, the foster care
placement;
[(ii) whether the child could or
should be returned to the parents of
the child or should be freed for
adoption or other permanent placement;
and
[(iii) the services necessary to
facilitate the return of the child or
the placement of the child for adoption
or legal guardianship;]
[(B)] (A) is operating, to the satisfaction
of the Secretary--
(i) * * *
* * * * * * *
(iii) a service program designed to
help children--
(I) * * *
(II) be placed for adoption,
with a legal guardian, or if
adoption or legal guardianship
is determined not to be
appropriate for a child, in
some other planned, permanent
living arrangement, which may
include a residential
educational program; and
* * * * * * *
[(C)(i) has reviewed (or within 12 months
after the date of the enactment of this
paragraph will review) State policies and
administrative and judicial procedures in
effect for children abandoned at or shortly
after birth (including policies and procedures
providing for legal representation of such
children); and
[(ii) is implementing (or within 24 months
after the date of the enactment of this
paragraph will implement) such policies and
procedures as the State determines, on the
basis of the review described in clause (i), to
be necessary to enable permanent decisions to
be made expeditiously with respect to the
placement of such children;]
(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;
[(11)] (9) contain a description, developed after
consultation with tribal organizations (as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act) in the State, of the specific
measures taken by the State to comply with the Indian
Child Welfare Act;
[(12)] (10) contain assurances that the State shall
develop plans for the effective use of cross-
jurisdictional resources to facilitate timely adoptive
or permanent placements for waiting children;
[(13)] (11) contain a description of the activities
that the State has undertaken for children adopted from
other countries, including the provision of adoption
and post-adoption services;
[(14)] (12) provide that the State shall collect and
report information on children who are adopted from
other countries and who enter into State custody as a
result of the disruption of a placement for adoption or
the dissolution of an adoption, including the number of
children, the agencies who handled the placement or
adoption, the plans for the child, and the reasons for
the disruption or dissolution; [and]
[(15)] (13) demonstrate substantial, ongoing, and
meaningful collaboration with State courts in the
development and implementation of the State plan under
subpart 1, the State plan approved under subpart 2, and
the State plan approved under part E, and in the
development and implementation of any program
improvement plan required under section 1123A[.];
(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.
(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.
ALLOTMENTS TO STATES
Sec. [421] 423. (a) In General._The sum appropriated pursuant
to section [420] 425 for each fiscal year shall be allotted by
the Secretary for use by cooperating State public welfare
agencies which have plans developed jointly by the State agency
and the Secretary as follows: [He] The Secretary shall first
allot $70,000 to each State, and shall then allot to each State
an amount which bears the same ratio to the remainder of such
sum as the product of (1) the population of the State under the
age of twenty-one and (2) the allotment percentage of the State
(as determined under this section) bears to the sum of the
corresponding products of all the States.
(b) Determination of State Allotment Percentages._The
``allotment percentage'' for any State shall be 100 [per
centum] percent less the State percentage; and the State
percentage shall be the percentage which bears the same ratio
to 50 [per centum] percent as the per capita income of such
State bears to the per capita income of the United States;
except that (1) the allotment percentage shall in no case be
less than 30 [per centum] percent or more than 70 [per centum]
percent, and (2) the allotment percentage shall be 70 [per
centum] percent in the case of Puerto Rico, the Virgin Islands,
Guam, and American Samoa.
(c) Promulgation of State Allotment Percentages._The
allotment percentage for each State shall be promulgated by the
Secretary between October 1 and November 30 of each even-
numbered year, on the basis of the average per capita income of
each State and of the United States for the three most recent
calendar years for which satisfactory data are available from
the Department of Commerce. Such promulgation shall be
conclusive for each of the two fiscal years in the period
beginning October 1 next succeeding such promulgation.
(d) United States Defined._For purposes of this section, the
term ``United States'' means the [fifty] 50 States and the
District of Columbia.
(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.
PAYMENT TO STATES
Sec. [423] 424. (a) From the sums appropriated therefor and
the allotment under this subpart, subject to the conditions set
forth in this section, the Secretary shall from time to time
pay to each State that has a plan developed in accordance with
section 422 an amount equal to 75 [per centum] percent of the
total sum expended under the plan (including the cost of
administration of the plan) in meeting the costs of State,
district, county, or other local child welfare services.
* * * * * * *
(c)(1) [No] Except as provided in paragraph (2), no payment
may be made to a State under this part[, for any fiscal year
beginning after September 30, 1979,] with respect to State
expenditures made for (A) child day care [necessary solely
because of the employment, or training to prepare for
employment, of a parent or other relative with whom the child
involved is living], (B) foster care maintenance payments, and
(C) adoption assistance payments[, to the extent that the
Federal payment with respect to those expenditures would exceed
the total amount of the Federal payment under this part for
fiscal year 1979].
[(2) Expenditures made by a State for any fiscal year which
begins after September 30, 1979, for foster care maintenance
payments shall be treated for purposes of making Federal
payments under this part with respect to expenditures for child
welfare services, as if such foster care maintenance payments
constituted child welfare services of a type to which the
limitation imposed by paragraph (1) does not apply; except that
the amount payable to the State with respect to expenditures
made for other child welfare services and for foster care
maintenance payments during any such year shall not exceed 100
per centum of the amount of the expenditures made for child
welfare services for which payment may be made under the
limitation imposed by paragraph (1) as in effect without regard
to this paragraph.]
(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.
(d) No payment may be made to a State under this part in
excess of the payment made under this part for fiscal year
1979, for any fiscal year beginning after September 30, 1979,
if for the latter fiscal year the total of the State's
expenditures for child welfare services under this part
[(excluding expenditures for activities specified in subsection
(c)(1))] is less than the total of the State's expenditures
under this part (excluding expenditures for [such activities]
activities specified in subsection (c)(1)) for fiscal year
1979.
(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.
[REALLOTMENT
[Sec. 424. (a) In General.--Subject to subsection (b), the
amount of any allotment to a State under section 421 for any
fiscal year 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 (1) have need in carrying
out their State plans so developed for sums in excess of those
previously allotted to them under section 421 and (2) will be
able to use such excess amounts during such fiscal year. Such
reallotments shall be made on the basis of the State plans so
developed, after taking into consideration the population under
the age of twenty-one, and the per capita income of each such
State as compared with the population under the age of twenty-
one, and the per capita income of all such States with respect
to which such a determination by the Secretary has been made.
Any amount so reallotted to a State shall be deemed part of its
allotment under section 421.
[(b) Exception Relating to Foster Child Protections.--The
Secretary shall not reallot under subsection (a) of this
section any amount that is withheld or recovered from a State
due to the failure of the State to meet the requirements of
section 422(b)(10).
[DEFINITIONS
[Sec. 425. (a)(1) For purposes of this title, the term
``child welfare services'' means public social services which
are directed toward the accomplishment of the following
purposes: (A) protecting and promoting the welfare of all
children, including handicapped, homeless, dependent, or
neglected children; (B) preventing or remedying, or assisting
in the solution of problems which may result in, the neglect,
abuse, exploitation, or delinquency of children; (C) preventing
the unnecessary separation of children from their families by
identifying family problems, assisting families in resolving
their problems, and preventing breakup of the family where the
prevention of child removal is desirable and possible; (D)
restoring to their families children who have been removed, by
the provision of services to the child and the families; (E)
placing children in suitable adoptive homes, in cases where
restoration to the biological family is not possible or
appropriate; and (F) assuring adequate care of children away
from their homes, in cases where the child cannot be returned
home or cannot be placed for adoption.
[(2) Funds expended by a State for any calendar quarter to
comply with section 422(b)(10) or 476(b), and funds expended
with respect to nonrecurring costs of adoption proceedings in
the case of children placed for adoption with respect to whom
assistance is provided under a State plan for adoption
assistance approved under part E of this title, shall be deemed
to have been expended for child welfare services.
[(b) For other definitions relating to this part and to part
E of this title, see section 475 of this Act.]
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.
RESEARCH, TRAINING, OR DEMONSTRATION PROJECTS
Sec. 426. (a) * * *
[(b)(1) There are authorized to be appropriated $4,000,000
for each of the fiscal years 1988, 1989, and 1990 for grants by
the Secretary to public or private nonprofit entities
submitting applications under this subsection for the purpose
of conducting demonstration projects under this subsection to
develop alternative care arrangements for infants who do not
have health conditions that require hospitalization and who
would otherwise remain in inappropriate hospital settings.
[(2) The demonstration projects conducted under this section
may include--
[(A) multidisciplinary projects designed to prevent
the inappropriate hospitalization of infants and to
allow infants described in paragraph (1) to remain with
or return to a parent in a residential setting, where
appropriate care for the infant and suitable treatment
for the parent (including treatment for drug or alcohol
addiction) may be assured, with the goal (where
possible) of rehabilitating the parent and eliminating
the need for such care for the infant;
[(B) multidisciplinary projects that assure
appropriate, individualized care for such infants in a
foster home or other non-medical residential setting in
cases where such infant does not require
hospitalization and would otherwise remain in
inappropriate hospital settings, including projects to
demonstrate methods to recruit, train, and retain
foster care families; and
[(C) such other projects as the Secretary determines
will best serve the interests of such infants and will
serve as models for projects that agencies or
organizations in other communities may wish to develop.
[(3) In the case of any project which includes the use of
funds authorized under this subsection for the care of infants
in foster homes or other non-medical residential settings away
from their parents, there shall be developed for each such
infant a case plan of the type described in section 475(1) (to
the extent that such infant is not otherwise covered by such a
plan), and each such project shall include a case review system
of the type described in section 475(5) (covering each such
infant who is not otherwise subject to such a system).
[(4) In evaluating applications from entities proposing to
conduct demonstration projects under this subsection, the
Secretary shall give priority to those projects that serve
areas most in need of alternative care arrangements for infants
described in paragraph (1).
[(5) No project may be funded unless the application therefor
contains assurances that it will--
[(A) provide for adequate evaluation;
[(B) provide for coordination with local governments;
[(C) provide for community education regarding the
inappropriate hospitalization of infants;
[(D) use, to the extent practical, other available
private, local, State, and Federal sources for the
provision of direct services; and
[(E) meet such other criteria as the Secretary may
prescribe.
[(6) Grants may be used to pay the costs of maintenance and
of necessary medical and social services (to the extent that
these costs are not otherwise paid for under other titles of
this Act), and for such other purposes as the Secretary may
allow.
[(7) The Secretary shall provide training and technical
assistance to grantees, as requested.]
[(c)] (b) Payments of grants or under contracts or
cooperative arrangements under this section may be made in
advance or by way of reimbursement, and in such installments,
as the Secretary may determine; and shall be made on such
conditions as the Secretary finds necessary to carry out the
purposes of the grants, contracts, or other arrangements.
[CHILD WELFARE TRAINEESHIPS
[Sec. 429. The Secretary]
(c) Child Welfare Traineeships.--The Secretary may approve an
application for a grant to a public or nonprofit institution
for higher learning to provide traineeships with stipends under
section 426(a)(1)(C) only if the application--
(1) * * *
* * * * * * *
PAYMENTS TO INDIAN TRIBAL ORGANIZATIONS
Sec. 428. (a) * * *
(b) Amounts paid under subsection (a) shall be deemed to be a
part of the allotment (as determined under section [421] 423)
for the State in which such Indian tribal organization is
located.
SEC. [429A] 429. NATIONAL RANDOM SAMPLE STUDY OF CHILD WELFARE.
(a) * * *
* * * * * * *
Subpart 2--Promoting Safe and Stable Families
[SEC. 430. FINDINGS AND PURPOSE.
[(a) Findings.--The Congress finds that there is a continuing
urgent need to protect children and to strengthen families as
demonstrated by the following:
[(1) Family support programs directed at specific
vulnerable populations have had positive effects on
parents, children, or both. The vulnerable populations
for which programs have been shown to be effective
include teenage mothers with very young children and
families that have children with special needs.
[(2) Family preservation programs have been shown to
provide extensive and intensive services to families in
crisis.
[(3) The time lines established by the Adoption and
Safe Families Act of 1997 have made the prompt
availability of services to address family problems
(and in particular the prompt availability of
appropriate services and treatment addressing substance
abuse) an important factor in successful family
reunification.
[(4) The rapid increases in the annual number of
adoptions since the enactment of the Adoption and Safe
Families Act of 1997 have created a growing need for
postadoption services and for service providers with
the particular knowledge and skills required to address
the unique issues adoptive families and children may
face.]
[(b) Purpose.--The purpose]
SEC. 430. PURPOSE.
The purpose of this program is to enable States to develop
and establish, or expand, and to operate coordinated programs
of community-based family support services, family preservation
services, time-limited family reunification services, and
adoption promotion and support services to accomplish the
following objectives:
(1) * * *
* * * * * * *
SEC. 431. DEFINITIONS.
(a) In General.--As used in this subpart:
(1) * * *
* * * * * * *
(6) Indian tribe.--The term ``Indian tribe'' means
any Indian tribe (as defined in section 482(i)(5), as
in effect before August 22, [1986] 1996) and any Alaska
Native organization (as defined in section
482(i)(7)(A), as so in effect).
* * * * * * *
SEC. 432. STATE PLANS.
(a) * * *
(b) Approval of Plans.--
(1) * * *
(2) Plans of indian tribes.--
[(A) Exemption from inappropriate
requirements.--The Secretary may exempt a plan
submitted by an Indian tribe from any
requirement of this section that the Secretary
determines would be inappropriate to apply to
the Indian tribe, taking into account the
resources, needs, and other circumstances of
the Indian tribe.]
(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.
(B) Special rule.--[Notwithstanding
subparagraph (A) of this paragraph, the] The
Secretary may not approve a plan of an Indian
tribe or tribal consortium under this subpart
to which (but for this subparagraph) an
allotment of less than $10,000 would be made
under section 433(a) if allotments were made
under section 433(a) to all Indian tribes and
tribal consortia with plans approved under this
subpart with the same or larger numbers of
children.
SEC. 433. ALLOTMENTS TO STATES.
(a) * * *
(b) Territories.--From the amount described in section 436(a)
for any fiscal year that remains after applying section 436(b)
for the fiscal year, the Secretary shall allot to each of the
jurisdictions of Puerto Rico, Guam, the Virgin Islands, the
Northern Mariana Islands, and American Samoa an amount
determined in the same manner as the allotment to each of such
jurisdictions is determined under section [421] 423.
* * * * * * *
(d) Reallotments.--The amount of any allotment to a State
under subsection (a), (b), or (c) of this section for any
fiscal year that the State certifies to the Secretary will not
be required for carrying out the State plan under section 432
shall be available for reallotment using the allotment
methodology specified in subsection (a), (b), or (c) of this
section. Any amount so reallotted to a State is deemed part of
the allotment of the State under the preceding provisions of
this section.
(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.
SEC. 434. PAYMENTS TO STATES.
(a) Entitlement.--Each State that has a plan approved under
section 432 shall, subject to subsection (d), be entitled to
payment of [the lesser of--
[(1) 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
[(2) the allotment of the State under section 433 for
the fiscal year.] 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.
* * * * * * *
(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.
SEC. 435. EVALUATIONS; RESEARCH; TECHNICAL ASSISTANCE.
(a) * * *
* * * * * * *
(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. 436. AUTHORIZATION OF APPROPRIATIONS; RESERVATION OF CERTAIN
AMOUNTS.
(a) Authorization.--In addition to any amount otherwise made
available to carry out this subpart, there are authorized to be
appropriated to carry out this subpart $345,000,000 [for fiscal
year 2006. Notwithstanding the preceding sentence, the total
amount authorized to be so appropriated for fiscal year 2006
under this subsection and under this subsection (as in effect
before the date of the enactment of the Deficit Reduction Act
of 2005) is $345,000,000.] for each of fiscal years 2007
through 2011.
(b) Reservation of Certain Amounts.--From the amount
specified in subsection (a) for a fiscal year, the Secretary
shall reserve amounts as follows:
(1) * * *
* * * * * * *
(3) Indian tribes.--[The] After applying paragraph
(4) (but before applying paragraphs (1) or (2)), the
Secretary shall reserve [1] 3 percent for allotment to
Indian tribes in accordance with section 433(a).
(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).
SEC. 437. DISCRETIONARY GRANTS.
(a) Limitations on Authorization of Appropriations.--In
addition to any amount appropriated pursuant to section 436,
there are authorized to be appropriated to carry out this
section $200,000,000 for each of fiscal years [2002 through
2006] 2007 through 2011.
(b) Reservation of Certain Amounts.--From the amount (if any)
appropriated pursuant to subsection (a) for a fiscal year, the
Secretary shall reserve amounts as follows:
(1) * * *
* * * * * * *
(3) Indian tribes.--The Secretary shall reserve [2] 3
percent for allotment to Indian tribes in accordance
with subsection (c)(1).
(c) Allotments.--
(1) * * *
(2) Territories.--From the amount (if any)
appropriated pursuant to subsection (a) for any fiscal
year that remains after applying subection (b) for the
fiscal year, the Secretary shall allot to each of the
jurisdictions of Puerto Rico, Guam, the Virgin Islands,
the Northern Mariana Islands, and American Samoa an
amount determined in the same manner as the allotment
to each of such jurisdictions is determined under
section [421] 423.
* * * * * * *
SEC. 438. ENTITLEMENT FUNDING FOR STATE COURTS TO ASSESS AND IMPROVE
HANDLING OF PROCEEDINGS RELATING TO FOSTER CARE AND
ADOPTION.
(a) * * *
* * * * * * *
(c) Allotments.--
(1) Grants to assess and improve handling of court
proceedings relating to foster care and adoption.--
(A) In general.--Each highest State court
which has an application approved under
subsection (b) of this section for a grant
described in subsection (b)(2)(A) of this
section, and is conducting assessment and
improvement activities in accordance with this
section, shall be entitled to payment, for each
of fiscal years 2002 through [2006] 2011, from
the amount reserved pursuant to section
436(b)(2) (and the amount, if any, reserved
pursuant to section 437(b)(2)), of an amount
equal to the sum of $85,000 plus the amount
described in subparagraph (B) of this paragraph
for the fiscal year.
* * * * * * *
(d) Federal Share.--Each highest State court which receives
funds paid under this section may use such funds to pay not
more than 75 percent of the cost of activities under this
section in each of fiscal years 2002 through [2006] 2011.
* * * * * * *
SEC. 439. GRANTS FOR PROGRAMS FOR MENTORING CHILDREN OF PRISONERS.
(a) * * *
* * * * * * *
(c) Program Authorized.--From the amounts appropriated under
subsection (h) for a fiscal year that remain after applying
subsection (h)(2), the Secretary shall make grants under this
section for each of fiscal years [2002 through 2006] 2007
through 2011 to State or local governments, tribal governments
or tribal consortia, faith-based organizations, and community-
based organizations in areas that have significant numbers of
children of prisoners and that submit applications meeting the
requirements of this section, in amounts that do not exceed
$5,000,000 per grant.
* * * * * * *
(h) Authorization of Appropriations; Reservation of Certain
Amounts.--
[(1) Authorization.--There are authorized to be
appropriated to carry out this section $67,000,000 for
each of fiscal years 2002 and 2003, and such sums as
may be necessary for each succeeding fiscal year.]
(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.
* * * * * * *