which shows, for the preceding fiscal year, 
that— 
‘‘(I) for at least 90 percent of the 
children in foster care under the re-
sponsibility of the State— 
‘‘(aa) the caseworker han-
dling 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 vis-
its 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 FRE-
QUENCY OF CASEWORKER VISITS.—The Sec-
retary has verified that the State has in ef-
fect such policies and standards as may be 
necessary to enable the State to determine 
whether, for at least 90 percent of the chil-
dren in foster care under the responsibility 
of the State, a caseworker visited the child 
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at least once each month during the fiscal 
year. 
‘‘(iii) VERIFICATION OF NONSUPPLAN-
TATION COMPLIANCE.—The State has pro-
vided 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 sub-
section (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 imme-
diately succeeding fiscal year; or 
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‘‘(B) the allotment of the State under sec-
tion 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 author-
ized 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 sec-
tions 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 co-
ordinated child and family services program that utilizes 
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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 exploi-
tation 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 develop-
ment and support to ensure a well-qualified child wel-
fare 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 ac-
tivities which the State will fund under the State pro-
gram carried out pursuant to this subpart, and how 
the services and activities will achieve the purpose of 
this subpart;’’; 
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(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 develop-
ment and training plans of the State;’’; 
(C) 
by 
redesignating 
paragraphs 
(7) 
through (9) as paragraphs (5) through (7), re-
spectively; 
(D) in paragraph (10)— 
(i) by striking subparagraph (A); 
(ii) in subparagraph (B)(iii)(II), by 
inserting ‘‘, which may include a residen-
tial educational program’’ after ‘‘in some 
other planned, permanent living arrange-
ment’’; 
(iii) by redesignating subparagraph 
(B) as subparagraph (A); and 
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(iv) by striking subparagraph (C) and 
inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) has in effect policies and administra-
tive and judicial procedures for children aban-
doned at or shortly after birth which enable per-
manent 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 pe-
riod and inserting a semicolon; 
(G) by redesignating paragraphs (10) 
through (15) as paragraphs (8) through (13), re-
spectively; 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— 
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‘‘(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 ‘admin-
istrative costs’ means costs for the following, but only 
to the extent incurred in administering the State plan 
developed pursuant to this subpart: procurement, pay-
roll management, personnel functions (other than the 
portion of the salaries of supervisors attributable to 
time spent directly supervising the provision of serv-
ices 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 provi-
sion of services by caseworkers or the oversight of pro-
grams 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— 
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(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 ‘‘PROMULGA-
TION OF STATE ALLOTMENT PERCENTAGES.—’’ after 
‘‘(c)’’; 
(4) in subsection (d)— 
(A) by inserting ‘‘UNITED STATES DE-
FINED.—’’ 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 allot-
ment to a State for a fiscal year under the preceding 
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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 al-
lotted 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 determina-
tion by the Secretary has been made. 
‘‘(3) AMOUNTS
REALLOTTED
TO
A
STATE 
AMOUNTS
DEEMED
PART
OF
STATE
ALLOTMENT.— 
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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 ALLOW-
ABLE 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 fol-
lows 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 in-
serting the following: 
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‘‘(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 de-
scribed 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 expendi-
tures 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 REIM-
BURSEMENT.—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 fol-
lowing: 
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‘‘(e) LIMITATION ON REIMBURSEMENT FOR ADMINIS-
TRATIVE 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 sub-
part.’’. 
(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: 
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‘‘(c) CHILD
WELFARE
TRAINEESHIPS.—The Sec-
retary’’; 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 insert-
ing ‘‘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 
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(2) in subsection (h), by striking paragraph (1) 
and inserting the following: 
‘‘(1) LIMITATIONS
ON
AUTHORIZATION
OF
AP-
PROPRIATIONS; 
RESERVATION
OF
CERTAIN 
AMOUNTS.—To carry out this section, there are au-
thorized 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 FIS-
CAL YEAR 2006. 
(a) APPROPRIATION.—Out of any money in the Treas-
ury 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 sub-
part 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 sec-
tion 434(b)(2) of such Act, the amounts paid to States from 
the amount appropriated under subsection (a) of this sec-
tion shall remain available for expenditure by the States 
through fiscal year 2008. 
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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 pro-
grams 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 devel-
oping plans pursuant to this part. 
‘‘(2) TIMING.—The Secretary shall submit the bi-
ennial reports required by paragraph (1) not later 
than July 1, 2008, and not later than July 1 of every 
other calendar year thereafter.’’. 
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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 cal-
endar quarters beginning on or after such date, without re-
gard to whether regulations to implement the amendments 
are promulgated by such date. 
(b) DELAY PERMITTED IF STATE LEGISLATION RE-
QUIRED.—If the Secretary of Health and Human Services 
determines that State legislation (other than legislation ap-
propriating 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 require-
ments before the 1st day of the 1st calendar quarter begin-
ning 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 
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2006.—Section 8 shall take effect on the date of the enact-
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 
Act to reauthorize the safe and stable families 
program, and for other purposes. 
JULY 12, 2006 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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