42 U.S.C. § 629g
In addition to any amount appropriated pursuant to section 629f of this title, there are authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2017 through 2023.
From the amount (if any) appropriated pursuant to subsection (a) for a fiscal year, the Secretary shall reserve amounts as follows:
The Secretary shall reserve 3.3 percent for expenditure by the Secretary for the activities described in section 629f(b)(1) of this title.
The Secretary shall reserve 3.3 percent for grants under section 629h of this title.
The Secretary shall reserve 3 percent for allotment to Indian tribes or tribal consortia in accordance with subsection (c)(1).
The Secretary shall reserve $5,000,000 of the amount made available for fiscal year 2018 for grants under subsection (g), and the amount so reserved shall remain available through fiscal year 2022.
From the amount (if any) reserved pursuant to subsection (b)(3) for any fiscal year, the Secretary shall allot to each Indian tribe with a plan approved under this subpart an amount that bears the same ratio to such reserved amount as the number of children in the Indian tribe bears to the total number of children in all Indian tribes with State plans so approved, as determined by the Secretary on the basis of the most current and reliable information available to the Secretary. If a consortium of Indian tribes applies and is approved for a grant under this section, the Secretary shall allot to the consortium an amount equal to the sum of the allotments determined for each Indian tribe that is part of the consortium.
From the amount (if any) appropriated pursuant to subsection (a) for any fiscal year that remains after applying subection 1 (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 623 of this title.
From the amount (if any) appropriated pursuant to subsection (a) for any fiscal year that remains after applying subsection (b) and paragraph (2) of this subsection for the fiscal year, the Secretary shall allot to each State (other than an Indian tribe) which is not specified in paragraph (2) of this subsection an amount equal to such remaining amount multiplied by the supplemental nutrition assistance program benefits percentage (as defined in section 629c(c)(2) of this title) of the State for the fiscal year.
The Secretary may make a grant to a State which has a plan approved under this subpart in an amount equal to the lesser of-
The rules of subsections (b) and (c) of section 629d of this title shall apply in like manner to the amounts made available pursuant to subsection (a).
The purpose of this subsection is to authorize the Secretary to make competitive grants to regional partnerships to provide, through interagency collaboration and integration of programs and services, services and activities that are designed to increase the well-being of, improve permanency outcomes for, and enhance the safety of children who are in an out-of-home placement or are at risk of being placed in an out-of-home placement as a result of a parent's or caretaker's substance abuse.
In this subsection, the term "regional partnership" means a collaborative agreement (which may be established on an interstate, State, or intrastate basis) entered into by the following:
If the partnership proposes to serve children in out-of-home placements, the Juvenile Court or Administrative Office of the Court that is most appropriate to oversee the administration of court programs in the region to address the population of families who come to the attention of the court due to child abuse or neglect.
At the option of the partnership, any of the following:
If an Indian tribe or tribal consortium enters into a regional partnership for purposes of this subsection, the Indian tribe or tribal consortium-
In addition to amounts authorized to be appropriated to carry out this section, the Secretary shall award grants under this subsection, from the amounts reserved for each of fiscal years 2017 through 2023 under section 629f(b)(5) of this title, to regional partnerships that satisfy the requirements of this subsection, in amounts that are not less than $250,000 and not more than $1,000,000 per grant per fiscal year.
A grant shall be awarded under this subsection for a period of not less than 2, and not more than 5, fiscal years, subject to clauses (ii) and (iii).
On application of the grantee, the Secretary may extend for not more than 2 fiscal years the period for which a grant is awarded under this subsection.
A grant awarded under this subsection shall be disbursed in two phases: a planning phase (not to exceed 2 years) and an implementation phase. The total disbursement to a grantee for the planning phase may not exceed $250,000, and may not exceed the total anticipated funding for the implementation phase.
This subsection shall not be interpreted to prevent a grantee from applying for, or being awarded, separate grants under this subsection.
No payment shall be made under subparagraph (A) or (C) for a fiscal year until the Secretary determines that the eligible partnership has made sufficient progress in meeting the goals of the grant and that the members of the eligible partnership are coordinating to a reasonable degree with the other members of the eligible partnership.
To be eligible for a grant under this subsection, a regional partnership shall submit to the Secretary a written application containing the following:
Funds made available under a grant made under this subsection shall only be used for services or activities that are consistent with the purpose of this subsection and may include the following:
A grant awarded under this subsection shall be available to pay a percentage share of the costs of services provided or activities conducted under such grant, not to exceed-
The non-Federal share of the cost of services provided or activities conducted under a grant awarded under this subsection may be in cash or in kind. In determining the amount of the non-Federal share, the Secretary may attribute fair market value to goods, services, and facilities contributed from non-Federal sources.
In awarding grants under this subsection, the Secretary shall take into consideration the extent to which applicant regional partnerships-
Not later than 9 months after September 28, 2006, the Secretary shall review indicators that are used to assess periodically the performance of the grant recipients under this subsection and establish a set of core indicators related to child safety, parental recovery, parenting capacity, and family well-being. In developing the core indicators, to the extent possible, indicators shall be made consistent with the outcome measures described in section 671(e)(6) of this title.
In establishing the performance indicators required by subparagraph (A), the Secretary shall base the performance measures on lessons learned from prior rounds of regional partnership grants under this subsection, and consult with the following:
Not later than September 30 of each fiscal year in which a recipient of a grant under this subsection is paid funds under the grant, and every 6 months thereafter, the grant recipient shall submit to the Secretary a report on the services provided and activities carried out during the reporting period, progress made in achieving the goals of the program, the number of children, adults, and families receiving services, and such additional information as the Secretary determines is necessary. The report due not later than September 30 of the last such fiscal year shall include, at a minimum, data on each of the performance indicators included in the evaluation of the regional partnership.
Each recipient of a grant under this subsection shall incorporate into the first annual report required by clause (i) that is submitted after the establishment of performance indicators under paragraph (8), information required in relation to such indicators.
On the basis of the reports submitted under subparagraph (A), the Secretary annually shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on-
Not more than 5 percent of the amounts appropriated or reserved for awarding grants under this subsection for each of fiscal years 2017 through 2023 may be used by the Secretary for salaries and Department of Health and Human Services administrative expenses in administering this subsection.
The purpose of this subsection is to facilitate the development of an electronic interstate case-processing system for the exchange of data and documents to expedite the placements of children in foster, guardianship, or adoptive homes across State lines.
A State that seeks funding under this subsection shall submit to the Secretary the following:
The Secretary may provide funds to a State that complies with paragraph (2). In providing funds under this subsection, the Secretary shall prioritize States that are not yet connected with the electronic interstate case-processing system referred to in paragraph (1).
A State to which funding is provided under this subsection shall use the funding to support the State in connecting with, or enhancing or expediting services provided under, the electronic interstate case-processing system referred to in paragraph (1).
Not later than 1 year after the final year in which funds are awarded under this subsection, the Secretary shall submit to the Congress, and make available to the general public by posting on a website, a report that contains the following information:
The Secretary, in consultation with the Secretariat for the Interstate Compact on the Placement of Children and the States, shall assess how the electronic interstate case-processing system developed pursuant to paragraph (4) could be used to better serve and protect children that come to the attention of the child welfare system, by-
1 So in original. Probably should be "subsection".
2 So in original. Probably should be "being sex trafficking victims".
42 U.S.C. § 629g
EDITORIAL NOTES
REFERENCES IN TEXTThe Public Health Service Act, referred to in subsec. (f)(2)(A)(ii), is act July 1, 1944, ch. 373, 58 Stat. 682. Subpart II of part B of title XIX of the Act is classified generally to subpart II (§300x-21 et seq.) of part B of subchapter XVII of chapter 6A of this title. For complete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Tables.
CODIFICATION Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to this section. The amendments by Pub. L. 110-234 were repealed by section 4(a) of Pub. L. 110-246.
PRIOR PROVISIONSA prior section 437 of act Aug. 14, 1935, was classified to section 637 of this title prior to repeal by Pub. L. 100-485.
AMENDMENTS2022-Subsecs. (a), (f)(3)(A), (10). Pub. L. 117-328 substituted "2023" for "2021".2018-Subsec. (a). Pub. L. 115-123, §50752(b)(2), substituted "2017 through 2021" for "2012 through 2016".Subsec. (b)(4). Pub. L. 115-123, §50722(d), added par. (4).Subsec. (f). Pub. L. 115-123, §50723(1), substituted "implement IV-E prevention services, and improve the well-being of, and improve permanency outcomes for, children and families affected by heroin, opioids, and other" for "increase the well-being of, and to improve the permanency outcomes for, children affected by" in heading. Subsec. (f)(2). Pub. L. 115-123, §50723(2), added par. (2) and struck out former par. (2) which defined regional partnership to mean a collaborative agreement, which may be established on an interstate or intrastate basis, entered into by at least 2 of certain entities.Subsec. (f)(3)(A). Pub. L. 115-123, §50723(3)(A), substituted "2017 through 2021" for "2012 through 2016" and "$250,000 and not more than $1,000,000" for "$500,000 and not more than $1,000,000".Subsec. (f)(3)(B). Pub. L. 115-123, §50723(3)(B)(i), inserted "; planning" after "approval" in heading.Subsec. (f)(3)(B)(i). Pub. L. 115-123, §50723(3)(B)(ii), substituted "clauses (ii) and (iii)" for "clause (ii)".Subsec. (f)(3)(B)(iii). Pub. L. 115-123, §50723(3)(B)(iii), added cl. (iii).Subsec. (f)(3)(D). Pub. L. 115-123, §50723(3)(C), added subpar. (D). Subsec. (f)(4)(B)(i). Pub. L. 115-123, §50723(4)(A)(i), inserted ", parents, and families" after "children".Subsec. (f)(4)(B)(ii). Pub. L. 115-123, §50723(4)(A)(ii), substituted "safe, permanent caregiving relationships for the children;" for "safety and permanence for such children; and".Subsec. (f)(4)(B)(iii). Pub. L. 115-123, §50723(4)(A)(iv), added cl. (iii). Former cl. (iii) redesignated (v). Pub. L. 115-123, §50723(4)(A)(iii), substituted "increase reunification rates for children who have been placed in out-of-home care, or decrease" for "or".Subsec. (f)(4)(B)(iv). Pub. L. 115-123, §50723(4)(A)(iv), added cl. (iv).Subsec. (f)(4)(B)(v). Pub. L. 115-123, §50723(4)(A)(iv), redesignated cl. (iii) as (v). Subsec. (f)(4)(D). Pub. L. 115-123, §50723(4)(B), struck out "where appropriate," before "the child's family".Subsec. (f)(4)(E), (F). Pub. L. 115-123, §50723(4)(C), added subpars. (E) and (F) and struck out former subpars. (E) and (F) which read as follows: "(E) A description of the strategies for-"(i) collaborating with the State child welfare agency described in paragraph (2)(A)(i) (unless that agency is the lead applicant for the regional partnership); and "(ii) consulting, as appropriate, with-"(I) the State agency described in paragraph (2)(A)(ii); and"(II) the State law enforcement and judicial agencies.To the extent the Secretary determines that the requirement of this subparagraph would be inappropriate to apply to a regional partnership that includes an Indian tribe, tribal consortium, or a tribal child welfare agency or a consortium of such agencies, the Secretary may exempt the regional partnership from the requirement."(F) Such other information as the Secretary may require."Subsec. (f)(5)(A). Pub. L. 115-123, §50723(5), substituted "use disorder treatment including medication assisted treatment and in-home substance abuse disorder treatment and recovery" for "abuse treatment".Subsec. (f)(7)(D), (E). Pub. L. 115-123, §50723(6), added subpar. (D) and redesignated former subpar. (D) as (E).Subsec. (f)(8)(A). Pub. L. 115-123, §50723(7)(A), substituted "review indicators that are" for "establish indicators that will be" and "and establish a set of core indicators related to child safety, parental recovery, parenting capacity, and family well-being. In developing the core indicators, to the extent possible, indicators shall be made consistent with the outcome measures described in section 671(e)(6) of this title" for "in using funds made available under such grants to achieve the purpose of this subsection".Subsec. (f)(8)(B). Pub. L. 115-123, §50723(7)(B)(i), inserted "base the performance measures on lessons learned from prior rounds of regional partnership grants under this subsection, and" before "consult" in introductory provisions. Subsec. (f)(8)(B)(iii), (iv). Pub. L. 115-123, §50723(7)(B)(ii), added cl. (iii) and struck out former cls. (iii) and (iv) which read as follows: "(iii) Representatives of States in which a State agency described in clause (i) or (ii) of paragraph (2)(A) is a member of a regional partnership that is a grant recipient under this subsection. "(iv) Representatives of Indian tribes, tribal consortia, or tribal child welfare agencies that are members of a regional partnership that is a grant recipient under this subsection."Subsec. (f)(9)(A)(i). Pub. L. 115-123, §50723(8), added cl. (i) and struck out former cl. (i). Prior to amendment, text read as follows: "Not later than September 30 of the first fiscal year in which a recipient of a grant under this subsection is paid funds under the grant, and annually thereafter until September 30 of the last fiscal year in which the recipient is paid funds under the grant, the recipient shall submit to the Secretary a report on the services provided or activities carried out during that fiscal year with such funds. The report shall contain such information as the Secretary determines is necessary to provide an accurate description of the services provided or activities conducted with such funds."Subsec. (f)(10). Pub. L. 115-123, §50723(9), substituted "2017 through 2021" for "2012 through 2016". Subsec. (g). Pub. L. 115-123, §50722(c), added subsec. (g). 2011-Subsec. (a). Pub. L. 112-34, §102(a)(2), substituted "2012 through 2016" for "2007 through 2011".Subsec. (f). Pub. L. 112-34, §103(c)(2)(A), struck out "methamphetamine or other" before "substance abuse" in heading.Subsec. (f)(1). Pub. L. 112-34, §103(c)(2)(B), struck out "methamphetamine or other" before "substance abuse". Subsec. (f)(3)(A). Pub. L. 112-34, §103(c)(1), substituted "2012 through 2016" for "2007 through 2011". Subsec. (f)(3)(B), (C). Pub. L. 112-34, §103(c)(2)(C), added subpars. (B) and (C) and struck out former subpar. (B). Prior to amendment, text of subpar. (B) read as follows: "A grant shall be awarded under this subsection for a period of not less than 2, and not more than 5, fiscal years." Subsec. (f)(4)(A). Pub. L. 112-34, §103(c)(2)(B), struck out "methamphetamine or other" before "substance abuse".Subsec. (f)(6)(A)(iv), (v). Pub. L. 112-34, §103(c)(2)(D), added cls. (iv) and (v). Subsec. (f)(7). Pub. L. 112-34, §103(c)(2)(E), substituted "shall" for "shall-", struck out subpar. (A) designation before "take", substituted period for "; and" at end of cl. (iv), redesignated cls. (i) to (iv) of former subpar. (A) as subpars. (A) to (D), respectively, of par. (7) and realigned margins, and struck out subpar. (B) which read as follows: "after taking such factors into consideration, give greater weight to awarding grants to regional partnerships that propose to address methamphetamine abuse and addiction in the partnership region (alone or in combination with other drug abuse and addiction) and which demonstrate that methamphetamine abuse and addiction (alone or in combination with other drug abuse and addiction) is adversely affecting child welfare in the partnership region." Subsec. (f)(7)(A)(i). Pub. L. 112-34, §103(c)(2)(B), struck out "methamphetamine or other" before "substance abuse".Subsec. (f)(9)(B)(iii). Pub. L. 112-34, §103(c)(2)(B), struck out "methamphetamine or other" before "substance abuse".Subsec. (f)(10). Pub. L. 112-34, §103(c)(2)(F), added par. (10). 2008-Subsec. (c)(3). Pub. L. 110-246, §4002(b)(1)(D), (2) (V), substituted "supplemental nutrition assistance program benefits" for "food stamp".2006- Pub. L. 109-288, §4(b)(2)(B)(i), inserted "and targeted" after "Discretionary" in section catchline.Subsec. (a). Pub. L. 109-288, §3(b), substituted "2007 through 2011" for "2002 through 2006". Subsec. (b)(3). Pub. L. 109-288, §5(b)(2)(A), inserted "or tribal consortia" after "Indian tribes" in heading and text. Pub. L. 109-288, §5(a)(2), substituted "3 percent" for "2 percent". Subsec. (c)(1). Pub. L. 109-288, §5(b)(2)(B), inserted "or tribal consortia" after "tribes" in heading and inserted at end "If a consortium of Indian tribes applies and is approved for a grant under this section, the Secretary shall allot to the consortium an amount equal to the sum of the allotments determined for each Indian tribe that is part of the consortium."Subsec. (c)(2). Pub. L. 109-288, §6(f)(5), substituted "section 623" for "section 621".Subsec. (e). Pub. L. 109-288, §4(b)(2)(B)(ii), substituted "subsection (a)" for "this section".Subsec. (f). Pub. L. 109-288, §4(b)(2)(A), added subsec. (f).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT Amendment by sections 50722(c), (d) and 50723 of Pub. L. 115-123 effective Oct. 1, 2018, subject to transition rules for required State legislation or tribal action, see section 50734 of Pub. L. 115-123 set out as a note under section 622 of this title.
EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 112-34 effective Oct. 1, 2011, and applicable to payments under this part and part E of this subchapter for calendar quarters beginning on or after such date, without regard to whether implementing regulations have been promulgated, and with delay permitted if State legislation is required to meet additional requirements, see section 107 of Pub. L. 112-34 set out as a note under section 622 of this title.
EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110-234 by Pub. L. 110-246 effective May 22, 2008, the date of enactment of Pub. L. 110-234 except as otherwise provided, see section 4 of Pub. L. 110-246 set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by section 4002(b)(1)(D), (2)(V) of Pub. L. 110-246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110-246 set out as a note under section 1161 of Title 2, The Congress.
EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109-288 effective Oct. 1, 2006, and applicable to payments under this part and part E of this subchapter for calendar quarters beginning on or after such date, without regard to whether implementing regulations have been promulgated, and with delay permitted if State legislation is required to meet additional requirements, see section 12(a), (b) of Pub. L. 109-288 set out as a note under section 621 of this title.
EFFECTIVE DATESection effective Jan. 17, 2002, with delay permitted if State legislation is required, see section 301 of Pub. L. 107-133 set out as an Effective Date of 2002 Amendment note under section 629 of this title.
- Administrator
- The term "Administrator" means the Administrator of General Services.
- Consortium
- The term "Consortium" means the High-Performance Green Building Partnership Consortium created in response to section 17092(c)(1) of this title to represent the private sector in a public-private partnership to promote high-performance green buildings and zero-net-energy commercial buildings.
- practices
- The term "practices" means design, financing, permitting, construction, commissioning, operation and maintenance, and other practices that contribute to achieving zero-net-energy buildings or facilities.
- Secretary
- the term "Secretary" means- (A) the Secretary of Education for purposes of subtitle A (other than section 3201),(B) the Secretary of Agriculture for purposes of the amendments made by section 3201, and(C) the Secretary of Health and Human Services for purposes of subtitle B,
- drug
- the term "drug" means- (A) a beverage containing alcohol,(B) a controlled substance, or(C) a controlled substance analogue,