I
106TH CONGRESS
2D SESSION
H. R. 5081
To amend part B of title IV of the Social Security Act to create a grant
program to promote joint activities among Federal, State, and local
public child welfare and alcohol and drug abuse prevention and treatment
agencies.
IN THE HOUSE OF REPRESENTATIVES
JULY 27, 2000
Mr. RANGEL (for himself, Mr. STARK, Mr. CARDIN, Mr. NEAL of Massachu-
setts, Mr. MCNULTY, Mr. COYNE, and Mrs. THURMAN) introduced the
following bill; which was referred to the Committee on Ways and Means
A BILL
To amend part B of title IV of the Social Security Act
to create a grant program to promote joint activities
among Federal, State, and local public child welfare and
alcohol and drug abuse prevention and treatment agen-
cies.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Child Protection/Alco-
hol and Drug Partnership Act of 2000’’.
SEC. 2. CHILD PROTECTION/ALCOHOL AND DRUG PART-
NERSHIPS FOR CHILDREN.
Part B of title IV of the Social Security Act (42
U.S.C. 620 et seq.) is amended by adding at the end the
following:
‘‘Subpart 3—Child Protection/Alcohol and Drug
Partnerships For Children
‘‘SEC. 440. DEFINITIONS.
‘‘In this subpart:
‘‘(1) ALASKA
NATIVE
ORGANIZATION.—The
term ‘Alaska Native Organization’ means any orga-
nized group of Alaska Natives eligible to operate a
Federal program under the Indian Self-Determina-
tion Act (25 U.S.C. 450f et seq.) or such group’s
designee.
‘‘(2) ADMINISTRATIVE COSTS.—
‘‘(A) IN GENERAL.—The term ‘administra-
tive costs’ means the costs for the general ad-
ministration of administrative activities, includ-
ing contract costs and all overhead costs.
‘‘(B) EXCLUSION.—Such term does not in-
clude the direct costs of providing services and
costs related to case management, training,
technical assistance, evaluation, establishment,
and operation of information systems, and such
other similar costs that are also an integral
part of service delivery.
‘‘(3) ELIGIBLE
STATE.—The term ‘eligible
State’ means a State that submits a joint applica-
tion from the State agencies that—
‘‘(A) includes a plan that meets the re-
quirements of section 442; and
‘‘(B) is approved by the Secretary for a 5-
year period after consultation with the Assist-
ant Secretary for the Administration for Chil-
dren and Families and the Administrator of the
Substance Abuse and Mental Health Services
Administration.
‘‘(4) INDIAN TRIBE.—The term ‘Indian tribe’
means any Indian tribe, band, Nation or other orga-
nized group or community of Indians, including any
Alaska Native Organization, that is recognized as el-
igible for the special programs and services provided
by the United States to Indians because of their sta-
tus as Indians.
‘‘(5) STATE.—
‘‘(A) IN
GENERAL.—The term ‘State’
means each of the 50 States, the District of Co-
lumbia, and the territories described in sub-
paragraph (B).
‘‘(B) TERRITORIES.—
‘‘(i) IN GENERAL.—The territories de-
scribed in this subparagraph are Puerto
Rico, Guam, the United States Virgin Is-
lands, American Samoa, and the Northern
Mariana Islands.
‘‘(ii) AUTHORITY
TO
MODIFY
RE-
QUIREMENTS.—The Secretary may modify
the requirements of this subpart with re-
spect to a territory described in clause (i)
to the extent necessary to allow such a ter-
ritory to conduct activities through funds
provided under a grant made under this
subpart.
‘‘(6) STATE AGENCIES.—The term ‘State agen-
cies’ means the State child welfare agency and the
unit of State government responsible for the admin-
istration of the substance abuse prevention and
treatment block grant provided under subpart II of
part B of title XIX of the Public Health Service Act
(42 U.S.C. 300x–21 et seq.).
‘‘(7) TRIBAL ORGANIZATION.—The term ‘tribal
organization’ means the recognized governing body
of an Indian tribe.
‘‘SEC. 441. GRANTS TO PROMOTE CHILD PROTECTION/AL-
COHOL AND DRUG PARTNERSHIPS FOR CHIL-
DREN.
‘‘(a) AUTHORITY TO AWARD GRANTS.—The Sec-
retary may award grants to eligible States and directly
to Indian tribes in accordance with the requirements of
this subpart for the purpose of promoting joint activities
among Federal, State, and local public child welfare and
alcohol and drug abuse prevention and treatment agencies
(and among child welfare and alcohol and drug abuse pre-
vention and treatment agencies that are providing services
to children in Indian tribes) that focus on families with
alcohol or drug abuse problems who come to the attention
of the child welfare system and are designed to—
‘‘(1) increase the capacity of both the child wel-
fare system and the alcohol and drug abuse preven-
tion and treatment system to address comprehen-
sively and in a timely manner the needs of such fam-
ilies to improve child safety, family stability, and
permanence; and
‘‘(2) promote recovery from alcohol and drug
abuse problems.
‘‘(b) NOTIFICATION.—Not later than 60 days after
the date a joint application is submitted by the State agen-
cies or an application is submitted by an Indian tribe, the
fare system (including any existing data on the im-
pact of such joint activities) such as activities relat-
ing to—
‘‘(A) the appropriate screening and assess-
ment of cases;
‘‘(B) consultation on cases involving alco-
hol and drug abuse;
‘‘(C) arrangements for addressing con-
fidentiality and sharing of information;
‘‘(D) cross training of staff;
‘‘(E) co-location of services;
‘‘(F) support for comprehensive treatment
programs for parents and their children; and
‘‘(G) establishing priority of child welfare
families for assessment or treatment.
‘‘(5)(A) A description of the joint activities to
be funded in whole or in part with the funds pro-
vided under the grant, including the sequencing of
the activities proposed to be conducted under the 5-
year funding cycle and the goals to be achieved dur-
ing such funding cycle. The activities and goals shall
be designed to improve the capacity of the State
agencies to work jointly to improve child safety, fam-
ily stability, and permanence for children whose fam-
ilies come to the attention of the child welfare sys-
tem and to promote their parents’ recovery from al-
cohol and drug abuse.
‘‘(B) The description shall include a statement
as to why the State agencies chose the specified ac-
tivities and goals.
‘‘(6) A description as to whether and how the
joint activities described in paragraph (5), and other
related activities funded with Federal funds, will ad-
dress some or all of the following practices and pro-
cedures:
‘‘(A) Practices and procedures designed to
appropriately—
‘‘(i) identify alcohol and drug treat-
ment needs;
‘‘(ii) assess such needs;
‘‘(iii) assess risks to the safety of a
child and the need for permanency with re-
spect to the placement of a child;
‘‘(iv) enroll families in appropriate
services and treatment in their commu-
nities; and
‘‘(v) regularly assess the progress of
families receiving such treatment.
‘‘(B) Practices and procedures designed to
provide comprehensive and timely individualized
alcohol and drug abuse prevention and treat-
ment services for families who come to the at-
tention of the child welfare system that include
a range of options that are available, accessible,
and appropriate, and that may include the fol-
lowing components:
‘‘(i) Preventive and early intervention
services for children of parents with alcohol
and drug abuse problems that integrate al-
cohol and drug abuse prevention services
with mental health and domestic violence
services, and that recognize the mental,
emotional, and developmental problems the
children may experience.
‘‘(ii) Prevention and early intervention
services for parents at risk for alcohol and
drug abuse problems.
‘‘(iii) Comprehensive home-based, out-
patient, and residential treatment options.
‘‘(iv) After-care support (both formal
and informal) for families in recovery that
promotes child safety and family stability.
‘‘(v) Services and supports that focus
on parents, parents with their children,
parents’ children, other family members,
and parent-child interaction.
‘‘(C) Elimination of existing barriers to
treatment and to child safety and permanence,
such as difficulties in sharing information
among agencies and differences between the
values and treatment protocols of the different
agencies.
‘‘(D) Effective engagement and retention
strategies.
‘‘(E) Pre-service and in-service joint train-
ing of management and staff of child welfare
and alcohol and drug abuse prevention and
treatment agencies, and, where appropriate,
judges and other court staff, to—
‘‘(i) increase such individuals’ aware-
ness and understanding of alcohol and
drug abuse and related child abuse and ne-
glect;
‘‘(ii) more accurately identify and
screen alcohol and drug abuse and child
abuse in families;
‘‘(iii) improve assessment skills of
both child abuse and alcohol and drug
abuse staff, including skills to assess risk
to children’s safety;
‘‘(iv) increase staff knowledge of the
services and resources that are available in
such individuals’ communities and appro-
priate for such families; and
‘‘(v) increase awareness of the impor-
tance of permanence for children and the
timelines for decisionmaking regarding per-
manence in the child welfare system.
‘‘(F) Progress in enhancing the abilities of
the State agencies to improve the data systems
of such agencies in order to monitor the
progress of families, evaluate service and treat-
ment outcomes, and determine which ap-
proaches and activities are most effective.
‘‘(G) Evaluation strategies to demonstrate
the effectiveness of treatment and identify the
aspects of treatment that have the greatest im-
pact on families in different circumstances.
‘‘(H) Training and technical assistance to
increase the capacity within the State to carry
out 1 or more of the activities described in this
paragraph or related activities that are designed
to expand prevention and treatment services
for, and staff training to assist families with al-
cohol and drug abuse problems who come to the
attention of the child welfare system.
‘‘(7) A description of the jurisdictions in the
State (including whether such jurisdictions are
urban, suburban, or rural) where the joint activities
will be provided, and the plans for expanding such
activities to other parts of the State during the 5-
year funding cycle.
‘‘(8) A description of the methods to be used in
measuring progress toward the goals identified
under paragraph (5), including how the State agen-
cies will jointly measure their performance in accord-
ance with section 445, and how remaining barriers
to meeting the needs of families with alcohol or drug
abuse problems who come to the attention of the
child welfare system will be assessed.
‘‘(9) A description of what input was obtained
in the development of the plan and the joint applica-
tion from each of the following groups of individuals,
and the manner in which each will continue to be in-
volved in the proposed joint activities:
‘‘(A) Staff who provide alcohol and drug
abuse prevention and treatment and related
the services or benefits provided under other Federal
or federally assisted programs that serve families
with alcohol and drug abuse problems who come to
the attention of the child welfare system, including
health, mental health, domestic violence, housing,
and employment programs, the temporary assistance
to needy families program funded under part A of
this title, other child welfare and alcohol and drug
abuse prevention and treatment programs, and the
courts.
‘‘(11) An assurance that not more than 10 per-
cent of expenditures under the plan for any fiscal
year shall be for administrative costs.
‘‘(12) An assurance that alcohol and drug
treatment services provided at least in part with
funds provided under a grant made under this sub-
part shall be licensed, certified, or otherwise ap-
proved by the appropriate State alcohol and drug
abuse agencies, or in the case of an Indian tribe, by
a State alcohol and drug abuse agency, the Indian
Health Service, or other designated licensing agency.
‘‘(13) An assurance that Federal funds pro-
vided to the State under a grant made under this
subpart will not be used to supplant Federal or non-
Federal funds for services and activities provided as
of the date of the submission of the plan that assist
families with alcohol and drug abuse problems who
come to the attention of the child welfare system.
‘‘(b) AMENDMENTS.—
‘‘(1) IN GENERAL.—An eligible State or Indian
tribe may amend, in whole or in part, its plan at any
time through transmittal of a plan amendment.
‘‘(2) 60-DAY
APPROVAL
DEADLINE.—A plan
amendment is considered approved unless the Sec-
retary notifies an eligible State or Indian tribe in
writing, within 60 days after receipt of the amend-
ment, that the amendment is disapproved (and the
reasons for disapproval) or that specified additional
information is needed.
‘‘(c) REQUIREMENTS FOR APPLICATIONS BY INDIAN
TRIBES.—
‘‘(1) IN GENERAL.—In order to be eligible for
a grant made under this subpart, an Indian tribe
shall—
‘‘(A) submit a plan to the Secretary that
describes—
‘‘(i) the activities the tribe will under-
take with both child welfare and alcohol
and drug agencies that serve the tribe’s
children to address the needs of families
who come to the attention of the child wel-
fare agencies and have alcohol and drug
problems; and
‘‘(ii) whether and how such activities
address any of the practice and policy
areas in subsection (a)(6); and
‘‘(B) subject to paragraph (2), meet the
other requirements of subsection (a) unless,
with respect to a specific requirement of such
subsection, the Secretary determines that it
would be inappropriate to apply such require-
ment to an Indian tribe, taking into account the
resources, needs, and other circumstances of
the Indian tribe.
‘‘(2) ADMINISTRATIVE COSTS; USE OF FEDERAL
FUNDS.—Paragraphs (11) and (13) of subsection
(a) shall not apply to a plan submitted by an Indian
tribe. The indirect cost rate agreement in effect for
an Indian tribe shall apply with respect to adminis-
trative costs under the tribe’s plan.
‘‘(3) AUTHORITY
FOR
INTERTRIBAL
CONSOR-
TIUM.—The participating Indian tribes of an inter-
tribal consortium may develop and submit a single
plan that meets the applicable requirements of sub-
section (a) (as so determined by the Secretary) and
paragraph (1) of this subsection.
‘‘SEC. 443. APPROPRIATION OF FUNDS.
‘‘(a) APPROPRIATIONS.—For the purpose of pro-
viding allotments to eligible States and Indian tribes under
this subpart and research and training under subsection
(b)(3), there is appropriated out of any money in the
Treasury not otherwise appropriated—
‘‘(1) for fiscal year 2001, $200,000,000;
‘‘(2) for fiscal year 2002, $275,000,000;
‘‘(3) for fiscal year 2003, $375,000,000;
‘‘(4) for fiscal year 2004, $475,000,000; and
‘‘(5) for fiscal year 2005, $575,000,000.
‘‘(b) RESERVATION OF FUNDS.—With respect to a
fiscal year:
‘‘(1) TERRITORIES.—The Secretary shall re-
serve 2 percent of the amount appropriated under
subsection (a) for such fiscal year for payments to
Puerto Rico, Guam, the United States Virgin Is-
lands, American Samoa, and the Northern Mariana
Islands.
‘‘(2) INDIAN TRIBES.—The Secretary shall re-
serve not less than 3 nor more than 5 percent of the
amount appropriated under subsection (a) for such
fiscal year for direct payments to Indian tribes and
Indian tribal organizations for activities intended to
increase the capacity of the Indian tribes and tribal
organizations to expand treatment, services, and
training to assist families with alcohol and drug
abuse problems who come to the attention of the
child welfare agencies.
‘‘(3) RESEARCH AND TRAINING.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary shall reserve 1 percent
of the amount appropriated under subsection
(a) for such fiscal year for practice-based re-
search on the effectiveness of various ap-
proaches for the screening, assessment, engage-
ment, treatment, retention, and monitoring of
families with alcohol and drug abuse problems
who come to the attention of the child welfare
system, and for training of staff in such areas
and shall ensure that a portion of such amount
is used for research on the effectiveness of these
approaches for Indian children and for the
training of staff serving children from the In-
dian tribes.
‘‘(B) 
DETERMINATION
OF
USE
OF
FUNDS.—Funds reserved under subparagraph
(A) may only be used to carry out a research
agenda that addresses the areas described in
such subparagraph and that is established by
the Secretary, together with the Assistant Sec-
retary for the Administration for Children and
Families and the Administrator of Substance
Abuse and Mental Health Services Administra-
tion, with input from public and private non-
profit providers, consumers, representatives of
Indian tribes, and advocates, as well as others
with expertise in research in such areas.
‘‘SEC. 444. PAYMENTS TO ELIGIBLE STATES AND INDIAN
TRIBES.
‘‘(a) AMOUNT OF GRANT.—
‘‘(1) ELIGIBLE
STATES
OTHER
THAN
TERRI-
TORIES.—
‘‘(A) IN GENERAL.—From the amount ap-
propriated under subsection (a) of section 443
for a fiscal year, after the reservation of funds
required under subsection (b) of that section for
the fiscal year and subject to subparagraphs
(B) and (C), the Secretary shall pay to each eli-
gible State (after the Secretary has determined
that the State has satisfied the matching re-
quirement under subsection (b)) an amount
that bears the same ratio to such amount for
such fiscal year as the number of children
under the age of 18 that reside in the eligible
State bears to the total number of children
under the age of 18 who reside in all such eligi-
ble States for such fiscal year.
‘‘(B) MINIMUM ALLOTMENT.—In no case
shall the amount of a payment to an eligible
State for a fiscal year be less than an amount
equal to 0.5 percent of the amount appropriated
under subsection (a) of section 443 for the fis-
cal year, after the reservation of funds required
under subsection (b) of that section.
‘‘(C) PRO RATA REDUCTIONS.—The Sec-
retary shall make pro rata reductions in the
amounts of the allotments determined under
subparagraph (A) for a fiscal year to the extent
necessary to comply with subparagraph (B).
‘‘(2) TERRITORIES.—From the amounts re-
served under section 443(b)(1) for a fiscal year, the
Secretary shall pay to each territory described in
section 440(5)(B) with an approved plan that meets
the requirements of section 442 (after the Secretary
has determined that the territory has satisfied the
matching requirement under subsection (b)) an
amount that bears the same ratio to such amount
for such fiscal year as the number of children under
the age of 18 that reside in the territory bears to
the total number of children under the age of 18
who reside in all such territories for such fiscal year.
‘‘(3) INDIAN
TRIBES
OR
TRIBAL
ORGANIZA-
TIONS.—From the amount reserved under section
443(b)(2) for a fiscal year, the Secretary shall pay
to each Indian tribe with an approved plan that
meets the requirements of section 442(c) (after the
Secretary has determined that the Indian tribe has
satisfied the matching requirement under subsection
(b)) an amount that bears the same ratio to such re-
served amount for such fiscal year as the number of
children under the age of 18 in the Indian tribe
bears to the total number of children under the age
of 18 in all Indian tribes with plans so approved for
such fiscal year, as determined by the Secretary on
the basis of the most current and reliable informa-
tion available to the Secretary. For purposes of mak-
ing the allocations required under the preceding sen-
tence, an Indian tribe may submit data and other in-
formation that it has on the number of Indian chil-
dren under the age of 18 for consideration by the
Secretary.
‘‘(b) MATCHING REQUIREMENT.—
‘‘(1) IN GENERAL.—In order to receive a grant
under this subpart for a fiscal year, an eligible State
or Indian tribe shall provide through non-Federal
contributions the applicable percentage determined
under paragraph (2) for such fiscal year of the costs
of conducting activities funded in whole or in part
with funds provided under the grant. Such contribu-
tions shall be paid jointly by the State agencies, in
the case of an eligible State, or by an Indian tribe.
‘‘(2) APPLICABLE PERCENTAGE.—For purposes
of paragraph (1), the applicable percentage for an
eligible State or Indian tribe for a fiscal year is—
‘‘(A) 15 percent, in the case of fiscal years
2001 and 2002;
‘‘(B) 20 percent, in the case of fiscal years
2003 and 2004; and
‘‘(C) 25 percent, in the case of fiscal year
2005.
‘‘(3) SOURCE OF MATCH.—
‘‘(A) ELIGIBLE STATES.—The non-Federal
contributions required of an eligible State under
this subsection may be in cash or in kind, fairly
evaluated, including plant, equipment, or serv-
ices. The contributions may be made directly or
through donations from public or private enti-
ties. Amounts provided by the Federal Govern-
ment, or services assisted or subsidized to any
significant extent by the Federal Government
may not be included in determining whether an
eligible State has provided the applicable per-
centage of such contributions for a fiscal year.
‘‘(B) INDIAN TRIBES.—With respect to an
Indian tribe, such contributions may be made in
cash, through donated funds, through non-pub-
lic third party in kind contributions, or from
Federal funds received under any of the fol-
lowing provisions of law:
‘‘(i) The Indian Child Welfare Act of
1978 (25 U.S.C. 1901 et seq.).
‘‘(ii) The Indian Self-Determination
and Education Assistance Act (25 U.S.C.
450b et seq.).
‘‘(iii) Title I of the Housing and Com-
munity Development Act of 1974 (42
U.S.C. 5301 et seq.).
‘‘(4) WAIVER.—
‘‘(A) ELIGIBLE STATES.—In the case of an
eligible State, the Secretary, after consultation
with the Assistant Secretary for the Adminis-
tration for Children and Families and the Ad-
ministrator of the Substance Abuse and Mental
Health Services Administration, may modify the
applicable percentage determined under para-
graph (2) for matching funds if the Secretary
determines that economic conditions in the eli-
gible State justify making such modification.
‘‘(B) INDIAN TRIBES.—In the case of an
Indian tribe, the Secretary may modify the ap-
plicable percentage determined under such
paragraph if the Secretary determines that it
would be inappropriate to apply to the Indian
tribe, taking into the resources and needs of the
tribe and the amount of funds the tribe would
receive under a grant made under this section.
‘‘(c) USE OF FUNDS.—Funds provided under a grant
made under this subpart may only be used to carry out
activities specified in the plan, as approved by the Sec-
retary.
‘‘(d) DEADLINE FOR REQUEST FOR PAYMENT.—An
eligible State or Indian tribe shall apply to be paid funds
under a grant made under this subpart not later than the
beginning of the fourth quarter of a fiscal year or such
funds shall be reallotted under subsection (f).
‘‘(e) CARRYOVER OF FUNDS.—Funds paid to an eli-
gible State or Indian tribe under a grant made under this
subpart for a fiscal year may be expended in that fiscal
year or the succeeding fiscal year.
‘‘(f) REALLOTMENT OF FUNDS.—
‘‘(1) ELIGIBLE STATES.—In the case of an eli-
gible State that does not apply for funds allotted to
the eligible State under a grant made under this
subpart for a fiscal year within the time provided
under subsection (d), or that does not expend such
funds during the time provided under subsection (e),
the funds which the eligible State would have been
entitled to for such fiscal year shall be reallotted to
1 or more other eligible States on the basis of each
such State’s relative need for additional payments,
as determined by the Secretary, after consultation
with the Assistant Secretary for the Administration
for Children and Families and the Administrator of
the Substance Abuse and Mental Health Services
Administration.
‘‘(2) INDIAN TRIBES.—In the case of an Indian
tribe that does not expend funds allotted to the tribe
during the time provided under subsection (e), the
funds to which the Indian tribe would have been en-
titled to for such fiscal year shall be reallotted to the
remaining Indian tribes that are implementing ap-
proved plans in amounts that are proportional to the
percentage of Indian children under the age of 18 in
each such tribe.
‘‘SEC. 445. PERFORMANCE ACCOUNTABILITY; REPORTS
AND EVALUATIONS.
‘‘(a) PERFORMANCE MEASUREMENT.—
‘‘(1) ESTABLISHMENT
OF
INDICATORS.—The
Secretary, in consultation with the Assistant Sec-
retary for the Administration for Children and Fam-
ilies, the Administrator of the Substance Abuse and
Mental Health Services Administration, Chief Exec-
utive Officers of a State or Territory, State legisla-
tors, State and local public officials responsible for
administering child welfare and alcohol and drug
abuse prevention and treatment programs, court
staff, consumers of the services, and advocates for
children and parents who come to the attention of
the child welfare system, shall, within 12 months of
the date of enactment of the Child Protection/Alco-
hol and Drug Partnership Act of 2000, establish in-
dicators that will be used to assess periodically the
performance of eligible States and Indian tribes in
using grant funds provided under this subpart to
promote child safety, permanence, and well-being
and recovery in families who come to the attention
of the child welfare system.
‘‘(2) COORDINATION.—The indicators estab-
lished under paragraph (1) shall be based on and co-
ordinated with the performance outcomes established
for the child welfare system pursuant to section
203(b) of the Adoption and Safe Families Act of
1997 and the performance measures developed
under subpart II of part B of title XIX of the Public
Health Service Act (relating to the substance abuse
prevention and treatment block grant).
‘‘(3) PURPOSE.—The indicators will be used to
measure periodically the progress made by the State
agencies and by child welfare and alcohol and drug
abuse prevention and treatment agencies serving
children in Indian tribes in the activities that such
agencies jointly engage in with such grant funds. An
eligible State or Indian tribe will be measured
against itself, assessing progress over time against a
baseline established at the time the grant activities
were undertaken.
‘‘(4) ILLUSTRATIVE
EXAMPLES.—The indica-
tors developed should address the range of activities
that eligible States and Indian tribes have the option
of engaging in with such grant funds. Examples of
the types of progress to be measured in the different
areas of activity include the following: