IB 

Union Calendar No. 311 

109TH CONGRESS 

2D SESSION H. R. 5640 

[Report No. 109–555] 

To amend part B of title IV of the Social Security Act to reauthorize 

the safe and stable families program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 20, 2006 

Mr. HERGER (for himself and Mr. MCDERMOTT) introduced the following bill; 

which was referred to the Committee on Ways and Means 

JULY 12, 2006 

Additional sponsors: Mr. ENGLISH of Pennsylvania, Ms. HART, Mr. FOLEY, 

Mr. CAMP of Michigan, Mr. RANGEL, Mr. STARK, Mr. BECERRA, Mr. 

DOGGETT, Mr. EMANUEL, and Mr. CARDIN

JULY 12, 2006 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 20, 2006] 

A BILL 

To amend part B of title IV of the Social Security Act 

to reauthorize the safe and stable families program, and 

for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Child and Family Serv5 ices Improvement Act of 2006’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds as follows: 

8 (1) For Federal fiscal year 2004, child protective 

9 services (CPS) staff nationwide reported investigating 

10 or assessing an estimated 3,000,000 allegations of 

11 child maltreatment, and determined that 872,000 

12 children had been abused or neglected by their parents 

13 or other caregivers. 

14 (2) Combined, the Child Welfare Services (CWS) 

15 and Promoting Safe and Stable Families (PSSF) 

16 programs provide States about $700,000,000 per year 

17 for services intended to ensure the safety, permanency, 

18 and well-being of children. These programs are con19 sidered the largest source of targeted Federal funding 

20 in the child protection system for prevention—that is, 

21 for services to ensure that children are not abused or 

22 neglected and, whenever possible, help children re23 main safely with their families. 

24 (3) States have broad flexibility in directing 

25 CWS dollars to protect children from abuse and neVerDate Aug 31 2005 23:08 Jul 12, 2006 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6203 E:\BILLS\H5640.RH H5640

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1 glect. Under the PSSF program, States must invest 

2 significant portions of program funds in family pres3 ervation services, family support services, time-lim4 ited reunification services, and post-adoption support 

5 services. 

6 (4) However, a 2003 report by the Government 

7 Accountability Office (GAO) reported that little re8 search is available on the effectiveness of activities 

9 supported by CWS funds—evaluations of services sup10 ported by PSSF funds have generally shown little or 

11 no effect. 

12 (5) Further, the Department of Health and 

13 Human Services recently completed initial Child and 

14 Family Service Reviews (CFSRs) in each State. No 

15 State was in full compliance with all measures of the 

16 CFSRs. The CFSRs also revealed that States need to 

17 work to prevent repeat abuse and neglect of children, 

18 improve services provided to families to reduce the 

19 risk of future harm (including by better monitoring 

20 the participation of families in services), and 

21 strengthen upfront services provided to families to 

22 prevent unnecessary family break-up and protect chil23 dren who remain at home. 

24 (6) Federal policy should ensure that States are 

25 appropriately targeting CWS and PSSF funds to asVerDate Aug 31 2005 23:08 Jul 12, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H5640.RH H5640

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1 sist at-risk families and protect abused and neglected 

2 children to address issues found in the CFSRs. En3 couraging States to invest their CWS and PSSF 

4 funds in services that promote and protect the welfare 

5 of children, support strong, healthy families, and re6 duce the reliance on out-of-home care, will help ensure 

7 all children are raised in safe, loving families. 

8 (7) CFSRs also found a strong correlation be9 tween frequent caseworker visits with children and 

10 positive outcomes for these children, such as timely 

11 achievement of permanency and other indicators of 

12 child well-being. 

13 (8) However, a December 2005 report by the De14 partment of Health and Human Services Office of In15 spector General found that only 20 States were able 

16 to produce reports to show whether caseworkers actu17 ally visited children in foster care on at least a 

18 monthly basis, despite the fact that nearly all States 

19 had written standards suggesting monthly visits were 

20 State policy. In fact, 7 of these 20 States indicated 

21 that fewer than half of the children in foster care were 

22 visited on a monthly basis. 

23 (9) The Deficit Reduction Act of 2005 provided 

24 $40,000,000 in fiscal year 2006 for the PSSF pro25 gram which this Act ensures will be available and 


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1 which the Congressional Budget Office estimates will 

2 increase mandatory budget authority by $40,000,000 

3 each year from 2006 through 2015, for a total of 

4 $400,000,000. 

5 (10) A 2003 GAO report found that the average 

6 tenure for a child welfare caseworker is less than 2 

7 years and this level of turnover negatively affects safe8 ty and permanency for children. 

9 (11) Targeting additional PSSF funds to ensure 

10 children in foster care are visited on at least a month11 ly basis will promote better outcomes for vulnerable 

12 children, including by preventing further abuse and 

13 neglect. 

14 SEC. 3. REAUTHORIZATION OF THE SAFE AND STABLE FAM15 ILIES PROGRAM. 

16 (a) ELIMINATION OF FINDINGS.—Section 430 of the 

17 Social Security Act (42 U.S.C. 629) is amended by striking 

18 all through ‘‘(b) PURPOSE.—The purpose’’ and inserting 

19 the following: 

20 ‘‘SEC. 430. PURPOSE. 

21 ‘‘The purpose’’. 

22 (b) LIMITATION ON ADMINISTRATIVE COST REIM23 BURSEMENT.—Section 434 of such Act (42 U.S.C. 629d) is 

24 amended— 


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1 (1) in subsection (a), by inserting ‘‘, subject to 

2 subsection (d),’’ after ‘‘shall’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(d) LIMITATION ON REIMBURSEMENT FOR ADMINIS5 TRATIVE COSTS.—The Secretary shall not make a payment 

6 to a State under this section with respect to expenditures 

7 for administrative costs during a fiscal year, to the extent 

8 that the total amount of the expenditures exceeds 10 percent 

9 of the total expenditures of the State during the fiscal year 

10 under the State plan approved under section 432.’’. 

11 (c) FUNDING OF MANDATORY GRANTS AT $345 MIL12 LION PER FISCAL YEAR.—Section 436(a) of such Act (42 

13 U.S.C. 629f(a)) is amended by striking ‘‘for fiscal year 

14 2006.’’ and all that follows and inserting ‘‘for each of fiscal 

15 years 2007 through 2011.’’. 

16 (d) FUNDING OF DISCRETIONARY GRANTS.—Section 

17 437(a) of such Act (42 U.S.C. 629g(a)) is amended by strik18 ing ‘‘2002 through 2006’’ and inserting ‘‘2007 through 

19 2011’’. 

20 (e) INCREASE IN SET-ASIDES FOR INDIAN TRIBES.— 

21 (1) MANDATORY GRANTS.—Section 436(b)(3) of 

22 such Act (42 U.S.C. 629f(b)(3)) is amended by strik23 ing ‘‘1’’ and inserting ‘‘3’’. 


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1 (2) DISCRETIONARY GRANTS.—Section 437(b)(3) 

2 of such Act (42 U.S.C. 629g(b)(3)) is amended by 

3 striking ‘‘2’’ and inserting ‘‘3’’. 

4 (f) COLLECTION OF DATA ON TRIBAL PROMOTING

5 SAFE AND STABLE FAMILIES PLANS.—Section 432(b)(2) of 

6 such Act (42 U.S.C. 629b(b)(2)) is amended— 

7 (1) by striking subparagraph (A); and 

8 (2) in subparagraph (B), by striking ‘‘Notwith9 standing subparagraph (A) of this paragraph, the’’ 

10 and inserting ‘‘The’’. 

11 (g) AUTHORITY OF INTERTRIBAL CONSORTIA TO

12 APPLY FOR GRANTS.—Section 432(b)(2) of such Act (42 

13 U.S.C. 629(b)(b)(2)), as amended by subsection (f) of this 

14 section, is amended— 

15 (1) by inserting before subparagraph (B) the fol16 lowing: 

17 ‘‘(A) INTERTRIBAL CONSORTIA.—This sub18 part shall not be interpreted to preclude the de19 velopment and submission of a single tribal plan 

20 under this subpart by the participating tribes of 

21 an intertribal consortium.’’; and 

22 (2) in subparagraph (B)— 

23 (A) by inserting ‘‘or tribal consortium’’ 

24 after ‘‘Indian tribe’’; and 


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1 (B) by inserting ‘‘and tribal consortia’’ 

2 after ‘‘Indian tribes’’. 

3 (h) TECHNICAL CORRECTION.—Section 431(a)(6) of 

4 such Act (42 U.S.C. 629a(a)(6)) is amended by striking 

5 ‘‘1986’’ and inserting ‘‘1996’’. 

6 SEC. 4. TARGETING OF INCREASED SAFE AND STABLE FAMI7 LIES PROGRAM RESOURCES TO SUPPORT 

8 MONTHLY CASEWORKER VISITS. 

9 (a) RESERVATION AND USE OF FUNDS.— 

10 (1) IN GENERAL.—Section 436(b) of the Social 

11 Security Act (42 U.S.C. 629f(b)) is amended by add12 ing at the end the following: 

13 ‘‘(4) SUPPORT FOR MONTHLY CASEWORKER VIS14 ITS.— 

15 ‘‘(A) RESERVATION.—In the case of each of 

16 fiscal years 2006 through 2011, the Secretary 

17 shall reserve $40,000,000 for allotment in accord18 ance with section 433(e). 

19 ‘‘(B) USE OFFUNDS.— 

20 ‘‘(i) IN GENERAL.—A State to which 

21 an amount is paid from amounts reserved 

22 under subparagraph (A) shall use the 

23 amount to support monthly caseworker vis24 its with children who are in foster care 

25 under the responsibility of the State, with a 


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1 primary emphasis on activities designed to 

2 improve caseworker retention, recruitment, 

3 training, and ability to access the benefits 

4 of technology. 

5 ‘‘(ii) NONSUPPLANTATION.—A State to 

6 which an amount is paid from amounts re7 served pursuant to subparagraph (A) shall 

8 not use the amount to supplant any Federal 

9 funds paid to the State under part E that 

10 could be used as described in clause (i).’’. 

11 (2) EFFECT ON AMOUNTS RESERVED FOR INDIAN

12 TRIBES.—Section 436(b)(3) of such Act (42 U.S.C. 

13 629b(b)(3)) is amended by striking ‘‘The’’ and insert14 ing ‘‘After applying paragraph (4) (but before apply15 ing paragraphs (1) or (2)), the’’. 

16 (b) ALLOTMENT OF FUNDS.—Section 433 of such Act 

17 (42 U.S.C. 629c) is amended— 

18 (1) in subsection (d), by inserting ‘‘subsection 

19 (a), (b), or (c) of’’ before ‘‘this section’’ the 1st and 

20 2nd places it appears; and 

21 (2) by adding at the end the following: 

22 ‘‘(e) SPECIAL RULES APPLICABLE TO FUNDS RE23 SERVED TO SUPPORT MONTHLY CASEWORKER VISITS.— 

24 ‘‘(1) ALLOTMENTS.— 


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1 ‘‘(A) TERRITORIES.—From the amount re2 served pursuant to section 436(b)(4)(A) for fiscal 

3 year 2006 or any succeeding fiscal year, the Sec4 retary shall allot to each jurisdiction specified in 

5 subsection (b) of this section that meets the re6 quirements of paragraph (2) of this subsection 

7 for the fiscal year an amount determined in the 

8 same manner as the allotment to each of such ju9 risdictions is determined under section 423 

10 (without regard to the initial allotment of 

11 $70,000 to each State). 

12 ‘‘(B) OTHER STATES.—From the amount 

13 reserved pursuant to section 436(b)(4)(A) for fis14 cal year 2006 or any succeeding fiscal year that 

15 remains after applying subparagraph (A) of this 

16 paragraph for the fiscal year, the Secretary shall 

17 allot to each State (other than an Indian tribe) 

18 not specified in subsection (b) of this section that 

19 meets the requirements of paragraph (2) of this 

20 subsection for the fiscal year an amount equal to 

21 such remaining amount multiplied by the food 

22 stamp percentage of the State (as defined in sub23 section (c)(2) of this section) for the fiscal year, 

24 except that in applying subsection (c)(2)(A) of 


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1 this section, ‘subsection (e)(1)(B)’ shall be sub2 stituted for ‘such paragraph (1)’. 

3 ‘‘(2) REQUIREMENTS.—The requirements of this 

4 paragraph are the following: 

5 ‘‘(A) AMOUNTS ALLOTTED FOR FISCAL YEAR

6 2007.—In the case of amounts reserved pursuant 

7 to section 436(b)(4)(A) for fiscal year 2007, the 

8 State has provided to the Secretary data which 

9 shows, for the most recent fiscal year for which 

10 such information is available— 

11 ‘‘(i) the percentage of children in foster 

12 care under the responsibility of the State 

13 who were visited by the caseworker handling 

14 the case of the child at least once each 

15 month while the child was in such care; and 

16 ‘‘(ii) the percentage of the visits that 

17 occurred in the residence of the child. 

18 ‘‘(B) AMOUNTS ALLOTTED FOR SUCCEEDING

19 FISCAL YEARS.—In the case of amounts reserved 

20 pursuant to section 436(b)(4)(A) for fiscal year 

21 2008 or any succeeding fiscal year: 

22 ‘‘(i) DATA SHOWING FREQUENCY AND

23 LOCATION OFCASEWORKER VISITS.—The 

24 State has provided to the Secretary data 


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1 which shows, for the preceding fiscal year, 

2 that— 

3 ‘‘(I) for at least 90 percent of the 

4 children in foster care under the re5 sponsibility of the State— 

6 ‘‘(aa) the caseworker han7 dling the case of the child visited 

8 the child at least once each month 

9 while the child was in such care; 

10 and 

11 ‘‘(bb) the majority of the vis12 its occurred in the residence of the 

13 child; or 

14 ‘‘(II) the State made the requisite 

15 annual progress, as determined by the 

16 Secretary, to comply with subclause (I) 

17 by October 1, 2011. 

18 ‘‘(ii) STATE ABILITY TO VERIFY FRE19 QUENCY OFCASEWORKER VISITS.—The Sec20 retary has verified that the State has in ef21 fect such policies and standards as may be 

22 necessary to enable the State to determine 

23 whether, for at least 90 percent of the chil24 dren in foster care under the responsibility 

25 of the State, a caseworker visited the child 


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1 at least once each month during the fiscal 

2 year. 

3 ‘‘(iii) VERIFICATION OF NONSUPPLAN4 TATION COMPLIANCE.—The State has pro5 vided to the Secretary such documentation 

6 as may be necessary to verify that the State 

7 has complied with section 436(b)(4)(B)(ii) 

8 during the fiscal year.’’. 

9 (c) PAYMENTS TO STATES.—Section 434(a) of such Act 

10 (42 U.S.C. 629d(a)), as amended by section 3(b)(1) of this 

11 Act, is amended by striking ‘‘the lesser of—’’ and all that 

12 follows and inserting the following: ‘‘the sum of— 

13 ‘‘(1) the lesser of— 

14 ‘‘(A) 75 percent of the total expenditures by 

15 the State for activities under the plan during the 

16 fiscal year or the immediately succeeding fiscal 

17 year; or 

18 ‘‘(B) the allotment of the State under sub19 section (a), (b), or (c) of section 433, whichever 

20 is applicable, for the fiscal year; and 

21 ‘‘(2) the lesser of— 

22 ‘‘(A) 75 percent of the total expenditures by 

23 the State in accordance with section 

24 436(b)(4)(B) during the fiscal year or the imme25 diately succeeding fiscal year; or 


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1 ‘‘(B) the allotment of the State under sec2 tion 433(e) for the fiscal year.’’. 

3 SEC. 5. IMPROVEMENTS TO THE CHILD WELFARE SERVICES 

4 PROGRAM. 

5 (a) FUNDING.—Subpart 1 of part B of title IV of the 

6 Social Security Act (42 U.S.C. 620–628b) is amended by 

7 striking sections 420 and 425 and inserting after section 

8 424 the following: 

9 ‘‘LIMITATIONS ON AUTHORIZATION OFAPPROPRIATIONS

10 ‘‘SEC. 425. To carry out this subpart, there are author11 ized to be appropriated to the Secretary not more than 

12 $325,000,000 for each of fiscal years 2007 through 2011.’’. 

13 (b) PURPOSE OF PROGRAM.—Such subpart is further 

14 amended— 

15 (1) by striking section 424; 

16 (2) by redesignating sections 421 and 423 as sec17 tions 423 and 424, respectively, and by transferring 

18 section 423 (as so redesignated) so that it appears 

19 after section 422; and 

20 (3) by inserting after the subpart heading the 

21 following: 

22 ‘‘PURPOSE

23 ‘‘SEC. 421. The purpose of this subpart is to promote 

24 State flexibility in the development and expansion of a co25 ordinated child and family services program that utilizes 


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1 community-based agencies and ensures all children are 

2 raised in safe, loving families, by— 

3 ‘‘(1) protecting and promoting the welfare of all 

4 children; 

5 ‘‘(2) preventing the neglect, abuse, or exploi6 tation of children; 

7 ‘‘(3) supporting at-risk families through services 

8 which allow children, where appropriate, to remain 

9 safely with their families or return to their families 

10 in a timely manner; 

11 ‘‘(4) promoting the safety, permanence, and well12 being of children in foster care; and 

13 ‘‘(5) providing training, professional develop14 ment and support to ensure a well-qualified child wel15 fare workforce.’’. 

16 (c) MODIFICATION OF STATE PLAN REQUIREMENTS.— 

17 Section 422 of such Act (42 U.S.C. 622) is amended— 

18 (1) in subsection (b)— 

19 (A) by striking paragraphs (3) through (5) 

20 and inserting the following: 

21 ‘‘(3) include a description of the services and ac22 tivities which the State will fund under the State pro23 gram carried out pursuant to this subpart, and how 

24 the services and activities will achieve the purpose of 

25 this subpart;’’; 


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1 (B) by striking paragraph (6) and inserting 

2 after paragraph (3) (as added by subparagraph 

3 (A) of this paragraph) the following: 

4 ‘‘(4) contain a description of— 

5 ‘‘(A) the steps the State will take to provide 

6 child welfare services statewide and to expand 

7 and strengthen the range of existing services and 

8 develop and implement services to improve child 

9 outcomes; and 

10 ‘‘(B) the child welfare services staff develop11 ment and training plans of the State;’’; 

12 (C) by redesignating paragraphs (7) 

13 through (9) as paragraphs (5) through (7), re14 spectively; 

15 (D) in paragraph (10)— 

16 (i) by striking subparagraph (A); 

17 (ii) in subparagraph (B)(iii)(II), by 

18 inserting ‘‘, which may include a residen19 tial educational program’’ after ‘‘in some 

20 other planned, permanent living arrange21 ment’’; 

22 (iii) by redesignating subparagraph 

23 (B) as subparagraph (A); and 


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1 (iv) by striking subparagraph (C) and 

2 inserting after subparagraph (A) the fol3 lowing: 

4 ‘‘(B) has in effect policies and administra5 tive and judicial procedures for children aban6 doned at or shortly after birth which enable per7 manent decisions to be made expeditiously with 

8 respect to the placement of the children;’’; 

9 (E) in paragraph (14), by striking ‘‘and’’ 

10 at the end; 

11 (F) in paragraph (15), by striking the pe12 riod and inserting a semicolon; 

13 (G) by redesignating paragraphs (10) 

14 through (15) as paragraphs (8) through (13), re15 spectively; and 

16 (H) by adding at the end the following: 

17 ‘‘(14) include assurances that not more than 10 

18 percent of the expenditures of the State with respect 

19 to activities funded from amounts provided under this 

20 subpart will be for administrative costs; and 

21 ‘‘(15) outlines how the State will ensure that 

22 physicians or other appropriate medical professionals 

23 are actively consulted and involved in— 


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1 ‘‘(A) assessing the health and well-being of 

2 children in foster care under the responsibility of 

3 the State; and 

4 ‘‘(B) determining appropriate medical 

5 treatment for the children.’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(c) DEFINITIONS.—In this subpart: 

8 ‘‘(1) ADMINISTRATIVE COSTS.—The term ‘admin9 istrative costs’ means costs for the following, but only 

10 to the extent incurred in administering the State plan 

11 developed pursuant to this subpart: procurement, pay12 roll management, personnel functions (other than the 

13 portion of the salaries of supervisors attributable to 

14 time spent directly supervising the provision of serv15 ices by caseworkers), management, maintenance and 

16 operation of space and property, data processing and 

17 computer services, accounting, budgeting, auditing, 

18 and travel expenses (except those related to the provi19 sion of services by caseworkers or the oversight of pro20 grams funded under this subpart). 

21 ‘‘(2) OTHER TERMS.—For definitions of other 

22 terms used in this part, see section 475.’’. 

23 (d) PROVISIONS RELATING TO STATE ALLOTMENTS.— 

24 Section 423 of such Act, as so redesignated by subsection 

25 (b)(2) of this section, is amended— 


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1 (1) in subsection (a)— 

2 (A) by inserting ‘‘IN GENERAL.—’’ after 

3 ‘‘(a)’’; 

4 (B) by striking ‘‘420’’ and inserting ‘‘425’’; 

5 and 

6 (C) by striking ‘‘He’’ and inserting ‘‘The 

7 Secretary’’; 

8 (2) in subsection (b)— 

9 (A) by inserting ‘‘DETERMINATION OF

10 STATE ALLOTMENT PERCENTAGES.—’’ after 

11 ‘‘(b)’’; and 

12 (B) by striking ‘‘per centum’’ each place it 

13 appears and inserting ‘‘percent’’; 

14 (3) in subsection (c), by inserting ‘‘PROMULGA15 TION OF STATE ALLOTMENT PERCENTAGES.—’’ after 

16 ‘‘(c)’’; 

17 (4) in subsection (d)— 

18 (A) by inserting ‘‘UNITED STATES DE19 FINED.—’’ after ‘‘(d)’’; and 

20 (B) by striking ‘‘fifty’’ and inserting ‘‘50’’; 

21 and 

22 (5) by adding at the end the following: 

23 ‘‘(e) REALLOTMENT OF FUNDS.— 

24 ‘‘(1) IN GENERAL.—The amount of any allot25 ment to a State for a fiscal year under the preceding 


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1 provisions of this section which the State certifies to 

2 the Secretary will not be required for carrying out the 

3 State plan developed as provided in section 422 shall 

4 be available for reallotment from time to time, on 

5 such dates as the Secretary may fix, to other States 

6 which the Secretary determines— 

7 ‘‘(A) need sums in excess of the amounts al8 lotted to such other States under the preceding 

9 provisions of this section, in carrying out their 

10 State plans so developed; and 

11 ‘‘(B) will be able to so use such excess sums 

12 during the fiscal year. 

13 ‘‘(2) CONSIDERATIONS.—The Secretary shall 

14 make the reallotments on the basis of the State plans 

15 so developed, after taking into consideration— 

16 ‘‘(A) the population under 21 years of age; 

17 ‘‘(B) the per capita income of each of such 

18 other States as compared with the population 

19 under 21 years of age; and 

20 ‘‘(C) the per capita income of all such other 

21 States with respect to which such a determina22 tion by the Secretary has been made. 

23 ‘‘(3) AMOUNTS REALLOTTED TO A STATE

24 AMOUNTS DEEMED PART OFSTATE ALLOTMENT.— 


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1 Any amount so reallotted to a State is deemed part 

2 of the allotment of the State under this section.’’. 

3 (e) PAYMENTS TO STATES.— 

4 (1) EXCLUSION OFEXPENDITURES FOR CHILD

5 DAY CARE, FOSTER CARE MAINTENANCE PAYMENTS, 

6 AND ADOPTION ASSISTANCE PAYMENTS FROM ALLOW7 ABLE EXPENDITURES.—Section 424 of such Act, as so 

8 redesignated by subsection (b)(2) of this section, is 

9 amended— 

10 (A) in subsection (c)— 

11 (i) in paragraph (1)— 

12 (I) by striking ‘‘No’’ and inserting 

13 ‘‘Except as provided in paragraph (2), 

14 no’’; 

15 (II) by striking ‘‘, for any fiscal 

16 year beginning after September 30, 

17 1979,’’; 

18 (III) in subparagraph (A), by 

19 striking ‘‘necessary’’ and all that fol20 lows through ‘‘living’’; and 

21 (IV) in subparagraph (C), by 

22 striking ‘‘, to the extent’’ and all that 

23 follows through ‘‘1979’’; and 

24 (ii) by striking paragraph (2) and in25 serting the following: 


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1 ‘‘(2) In the case of a State which demonstrates to the 

2 Secretary that the State made an expenditure described in 

3 paragraph (1) in fiscal year 2005, the Secretary shall not 

4 make a payment to the State under this part for any fiscal 

5 year beginning after September 30, 2006, with respect to 

6 the State expenditures so described, to the extent that the 

7 Federal payment with respect to the expenditures so de8 scribed for the fiscal year exceeds the lesser of— 

9 ‘‘(A) the total amount of the Federal payment 

10 under this part for fiscal year 1979; or 

11 ‘‘(B) the total amount of the Federal payment 

12 with respect to the expenditures so described for fiscal 

13 year 2005.’’; and 

14 (B) in subsection (d)— 

15 (i) by striking ‘‘(excluding expendi16 tures for activities specified in subsection 

17 (c)(1))’’; and 

18 (ii) by striking ‘‘such activities’’ and 

19 inserting ‘‘activities specified in subsection 

20 (c)(1)’’. 

21 (2) LIMITATION ON ADMINISTRATIVE COST REIM22 BURSEMENT.—Section 424 of such Act (42 U.S.C. 

23 623), as so redesignated by subsection (b)(2) of this 

24 section, is amended by adding at the end the fol25 lowing: 


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1 ‘‘(e) LIMITATION ON REIMBURSEMENT FOR ADMINIS2 TRATIVE COSTS.—The Secretary shall not make a payment 

3 to a State under this section with respect to expenditures 

4 during a fiscal year for administrative costs, to the extent 

5 that the total amount of the expenditures exceeds 10 percent 

6 of the total expenditures of the State during the fiscal year 

7 for activities funded from amounts provided under this sub8 part.’’. 

9 (3) TECHNICAL AMENDMENT.—Section 424(a) of 

10 such Act, as so redesignated by subsection (b)(2) of 

11 this section, is amended by striking ‘‘per centum’’ 

12 and inserting ‘‘percent’’. 

13 (f) ELIMINATION OF OBSOLETE PROVISION.—Section 

14 426 of such Act (42 U.S.C. 626) is amended by striking 

15 subsection (b) and redesignating subsection (c) as subsection 

16 (b). 

17 (g) CONFORMING AMENDMENTS.— 

18 (1) Section 428(b) of such Act (42 U.S.C. 628(b)) 

19 is amended by striking ‘‘421’’ and inserting ‘‘423’’. 

20 (2) Section 429 of such Act (42 U.S.C. 628a) is 

21 amended— 

22 (A)(i) by striking the following: 

23 ‘‘CHILD WELFARE TRAINEESHIPS

24 ‘‘SEC. 429. The Secretary’’; and 

25 (ii) inserting the following: 


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1 ‘‘(c) CHILD WELFARE TRAINEESHIPS.—The Sec2 retary’’; and 

3 (B) by transferring the provision to the end 

4 of section 426 (as amended by subsection (f) of 

5 this section). 

6 (3) Section 429A of such Act (42 U.S.C. 628b) 

7 is redesignated as section 429. 

8 (4) Section 433(b) of such Act (42 U.S.C. 

9 629c(b)) is amended by striking ‘‘421’’ and inserting 

10 ‘‘423’’. 

11 (5) Section 437(c)(2) of such Act (42 U.S.C. 

12 629g(c)(2)) is amended by striking ‘‘421’’ and insert13 ing ‘‘423’’. 

14 SEC. 6. REAUTHORIZATION OF THE COURT IMPROVEMENT 

15 PROGRAM. 

16 Section 438 of the Social Security Act (42 U.S.C. 

17 629h) is amended in each of subsections (c)(1)(A) and (d) 

18 by striking ‘‘2006’’ and inserting ‘‘2011’’. 

19 SEC. 7. REAUTHORIZATION OF PROGRAM FOR MENTORING 

20 CHILDREN OF PRISONERS. 

21 Section 439 of the Social Security Act (42 U.S.C. 629i) 

22 is amended— 

23 (1) in subsection (c), by striking ‘‘2002 through 

24 2006’’ and inserting ‘‘2007 through 2011’’; and 


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1 (2) in subsection (h), by striking paragraph (1) 

2 and inserting the following: 

3 ‘‘(1) LIMITATIONS ON AUTHORIZATION OFAP4 PROPRIATIONS; RESERVATION OFCERTAIN

5 AMOUNTS.—To carry out this section, there are au6 thorized to be appropriated to the Secretary such 

7 sums as may be necessary for fiscal years 2007 

8 through 2011.’’. 

9 SEC. 8. AVAILABILITY OF ADDITIONAL PROMOTING SAFE 

10 AND STABLE FAMILIES RESOURCES FOR FIS11 CAL YEAR 2006. 

12 (a) APPROPRIATION.—Out of any money in the Treas13 ury of the United States not otherwise appropriated, there 

14 are appropriated to the Secretary of Health and Human 

15 Services $40,000,000 for fiscal year 2006 to carry out sub16 part 2 of part B of title IV of the Social Security Act, in 

17 addition to any amount otherwise made available for fiscal 

18 year 2006 to carry out such subpart. 

19 (b) AVAILABILITY OF FUNDS.— Notwithstanding sec20 tion 434(b)(2) of such Act, the amounts paid to States from 

21 the amount appropriated under subsection (a) of this sec22 tion shall remain available for expenditure by the States 

23 through fiscal year 2008. 


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1 SEC. 9. REPORTS. 

2 Section 435 of the Social Security Act (42 U.S.C. 

3 629e) is amended by adding at the end the following: 

4 ‘‘(e) REPORTS.— 

5 ‘‘(1) CONTENT.—The Secretary shall submit to 

6 the Committee on Ways and Means of the House of 

7 Representatives and the Committee on Finance of the 

8 Senate biennial reports on— 

9 ‘‘(A) the level of expenditures, and the pro10 grams and activities funded, under subpart 1 

11 and this subpart by each State, territory, and 

12 Indian tribe to which funds are paid under this 

13 part; 

14 ‘‘(B) the number of children and families 

15 served by each such State, territory, and Indian 

16 tribe under the programs; and 

17 ‘‘(C) how spending under the programs has 

18 helped achieve the goals identified by each such 

19 State, territory, and Indian tribe as part of the 

20 annual planning process undertaken in devel21 oping plans pursuant to this part. 

22 ‘‘(2) TIMING.—The Secretary shall submit the bi23 ennial reports required by paragraph (1) not later 

24 than July 1, 2008, and not later than July 1 of every 

25 other calendar year thereafter.’’. 


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1 SEC. 10. EFFECTIVE DATES. 

2 (a) IN GENERAL.—Except as otherwise provided in 

3 this section, the amendments made by this Act shall take 

4 effect on October 1, 2006, and shall apply to payments 

5 under part B of title IV of the Social Security Act for cal6 endar quarters beginning on or after such date, without re7 gard to whether regulations to implement the amendments 

8 are promulgated by such date. 

9 (b) DELAY PERMITTED IF STATE LEGISLATION RE10 QUIRED.—If the Secretary of Health and Human Services 

11 determines that State legislation (other than legislation ap12 propriating funds) is required in order for a State plan 

13 developed pursuant to subpart 1 of part B, or a State plan 

14 approved under subpart 2 of part B, of title IV of the Social 

15 Security Act to meet the additional requirements imposed 

16 by the amendments made by this Act, the plan shall not 

17 be regarded as failing to meet any of the additional require18 ments before the 1st day of the 1st calendar quarter begin19 ning after the first regular session of the State legislature 

20 that begins after the date of the enactment of this Act. If 

21 the State has a 2-year legislative session, each year of the 

22 session is deemed to be a separate regular session of the 

23 State legislature. 

24 (c) AVAILABILITY OF ADDITIONAL PROMOTING SAFE

25 AND STABLE FAMILIES RESOURCES FOR FISCAL YEAR


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1 2006.—Section 8 shall take effect on the date of the enact2 ment of this Act. 


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Union Calendar No. 311 

109TH CONGRESS 

2D SESSION H. R. 5640 

[Report No. 109

–555] 

A BILL 

To amend part B of title IV of the Social Security 

program, and for other purposes. Act to reauthorize the safe and stable families 

JULY 12, 2006 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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