PUBLIC LAW 109–288—SEPT. 28, 2006 120 STAT. 1233

Public Law 109–288

109th Congress

An Act

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

safe and stable families program, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Child and Family Services

Improvement Act of 2006’’.

SEC. 2. FINDINGS.

The Congress finds as follows:

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

(CPS) staff nationwide reported investigating or assessing an

estimated 3,000,000 allegations of child maltreatment, and

determined that 872,000 children had been abused or neglected

by their parents or other caregivers.

(2) Combined, the Child Welfare Services (CWS) and Promoting Safe and Stable Families (PSSF) programs provide

States about $700,000,000 per year, the largest source of targeted Federal funding in the child protection system for services

to ensure that children are not abused or neglected and, whenever possible, help children remain safely with their families.

(3) A 2003 report by the Government Accountability Office

(GAO) reported that little research is available on the effectiveness of activities supported by CWS funds—evaluations of services supported by PSSF funds have generally shown little or

no effect.

(4) Further, the Department of Health and Human Services

recently completed initial Child and Family Service Reviews

(CFSRs) in each State. No State was in full compliance with

all measures of the CFSRs. The CFSRs also revealed that

States need to work to prevent repeat abuse and neglect of

children, improve services provided to families to reduce the

risk of future harm (including by better monitoring the participation of families in services), and strengthen upfront services

provided to families to prevent unnecessary family break-up

and protect children who remain at home.

(5) Federal policy should encourage States to invest their

CWS and PSSF funds in services that promote and protect

the welfare of children, support strong, healthy families, and

reduce the reliance on out-of-home care, which will help ensure

all children are raised in safe, loving families.

(6) CFSRs also found a strong correlation between frequent

caseworker visits with children and positive outcomes for these

Child and

Family Services

Improvement Act

of 2006.

Intergovernmental

relations.

42 USC 1305

note.

42 USC 621 note.

Sept. 28, 2006

[S. 3525]

120 STAT. 1234 PUBLIC LAW 109–288—SEPT. 28, 2006

children, such as timely achievement of permanency and other

indicators of child well-being.

(7) However, a December 2005 report by the Department

of Health and Human Services Office of Inspector General

found that only 20 States were able to produce reports to

show whether caseworkers actually visited children in foster

care on at least a monthly basis, despite the fact that nearly

all States had written standards suggesting monthly visits

were State policy.

(8) A 2003 GAO report found that the average tenure

for a child welfare caseworker is less than 2 years and this

level of turnover negatively affects safety and permanency for

children.

(9) Targeting CWS and PSSF funds to ensure children

in foster care are visited on at least a monthly basis will

promote better outcomes for vulnerable children, including by

preventing further abuse and neglect.

(10) According to the Office of Applied Studies of the Substance Abuse and Mental Health Services Administration, the

annual number of new uses of Methamphetamine, also known

as ‘‘meth,’’ has increased 72 percent over the past decade.

According to a study conducted by the National Association

of Counties which surveyed 500 county law enforcement agencies in 45 states, 88 percent of the agencies surveyed reported

increases in meth related arrests starting 5 years ago.

(11) According to the 2004 National Survey on Drug Use

and Health, nearly 12,000,000 Americans have tried methamphetamine. Meth making operations have been uncovered

in all 50 states, but the most wide-spread abuse has been

concentrated in the western, southwestern, and Midwestern

United States.

(12) Methamphetamine abuse is on the increase, particularly among women of child-bearing age. This is having an

impact on child welfare systems in many States. According

to a survey administered by the National Association of Counties (‘‘The Impact of Meth on Children’’), conducted in 300

counties in 13 states, meth is a major cause of child abuse

and neglect. Forty percent of all the child welfare officials

in the survey reported an increase in out-of-home placements

because of meth in 2005.

(13) It is appropriate also to target PSSF funds to address

this issue because of the unique strain the meth epidemic

puts on child welfare agencies. Outcomes for children affected

by meth are enhanced when services provided by law enforcement, child welfare and substance abuse agencies are

integrated.

SEC. 3. REAUTHORIZATION OF THE PROMOTING SAFE AND STABLE

FAMILIES PROGRAM.

(a) FUNDING OF MANDATORY GRANTS AT $345 MILLION PER

FISCAL YEAR.—Effective October 1, 2006, section 436(a) of the Social

Security Act (42 U.S.C. 629f(a)) is amended by striking ‘‘fiscal

year 2006.’’ and all that follows and inserting ‘‘each of fiscal years

2007 through 2011’’.

(b) FUNDING OF DISCRETIONARY GRANTS.—Section 437(a) of

such Act (42 U.S.C. 629g(a)) is amended by striking ‘‘2002 through

2006’’ and inserting ‘‘2007 through 2011’’.

42 USC 629f

note.

Effective date.

PUBLIC LAW 109–288—SEPT. 28, 2006 120 STAT. 1235

(c) AVAILABILITY OF PROMOTING SAFE AND STABLE FAMILIES

RESOURCES FOR FISCAL YEAR 2006.—

(1) APPROPRIATION.—Out of any money in the Treasury

of the United States not otherwise appropriated, there are

appropriated to the Secretary of Health and Human Services

$40,000,000 for fiscal year 2006 to carry out section 436 of

the Social Security Act, in addition to any amount otherwise

made available for fiscal year 2006 to carry out such section.

(2) AVAILABILITY OF FUNDS.—Notwithstanding sections

434(b)(2) and 436(b)(3) of such Act, the amount appropriated

under paragraph (1) of this subsection—

(A) shall remain available for expenditure through

fiscal year 2009 solely for the purpose described in section

436(b)(4)(B)(i) of such Act;

(B) shall not be used to supplant any Federal funds

paid under part E of title IV of such Act that could be

used for that purpose; and

(C) shall not be made available to any Indian tribe

or tribal consortium.

(d) ELIMINATION OF FINDINGS.—Section 430 of such Act (42

U.S.C. 629) is amended by striking all through ‘‘(b) PURPOSE.—

The purpose’’ and inserting the following:

‘‘SEC. 430. PURPOSE.

‘‘The purpose’’.

(e) ANNUAL BUDGET REQUESTS, SUMMARIES, AND EXPENDITURE

REPORTS.—

(1) IN GENERAL.—Section 432(a)(8) of such Act (42 U.S.C.

629b(a)(8)) is amended—

(A) by inserting ‘‘(A)’’ after ‘‘(8)’’; and

(B) by adding at the end the following:

‘‘(B) provides that, not later than June 30 of each year,

the State will submit to the Secretary—

‘‘(i) copies of forms CFS 101–Part I and CFS 101–

Part II (or any successor forms) that report on planned

child and family services expenditures by the agency for

the immediately succeeding fiscal year; and

‘‘(ii) copies of forms CFS 101–Part I and CFS 101–

Part II (or any successor forms) that provide, with respect

to the programs authorized under this subpart and subpart

1 and, at State option, other programs included on such

forms, for the most recent preceding fiscal year for which

reporting of actual expenditures is complete—

‘‘(I) the numbers of families and of children served

by the State agency;

‘‘(II) the population served by the State agency;

‘‘(III) the geographic areas served by the State

agency; and

‘‘(IV) the actual expenditures of funds provided

to the State agency; and’’.

(2) ANNUAL SUBMISSION OF STATE REPORTS TO CONGRESS.— Section 432 of such Act (42 U.S.C. 629b) is amended by adding

at the end the following:

‘‘(c) ANNUAL SUBMISSION OF STATE REPORTS TO CONGRESS.—

The Secretary shall compile the reports required under subsection

(a)(8)(B) and, not later than September 30 of each year, submit

such compilation to the Committee on Ways and Means of the

120 STAT. 1236 PUBLIC LAW 109–288—SEPT. 28, 2006

House of Representatives and the Committee on Finance of the

Senate.’’.

(3) EFFECTIVE DATE; INITIAL DEADLINES FOR SUBMISSIONS.—

The amendments made by this subsection take effect on the

date of enactment of this Act. Each State with an approved

plan under subpart 1 or 2 of part B of title IV of the Social

Security Act shall make its initial submission of the forms

required under section 432(a)(8)(B) of the Social Security Act

to the Secretary of Health and Human Services by June 30,

2007, and the Secretary of Health and Human Services shall

submit the first compilation required under section 432(c) of

the Social Security Act by September 30, 2007.

(f) LIMITATION ON ADMINISTRATIVE COST REIMBURSEMENT.—

(1) IN GENERAL.—Section 434 of such Act (42 U.S.C. 629d)

is amended—

(A) in subsection (a), by inserting ‘‘, subject to subsection (d),’’ after ‘‘shall’’; and

(B) by adding at the end the following:

‘‘(d) LIMITATION ON REIMBURSEMENT FOR ADMINISTRATIVE

COSTS.—The Secretary shall not make a payment to a State under

this section with respect to expenditures for administrative costs

during a fiscal year, to the extent that the total amount of the

expenditures exceeds 10 percent of the total expenditures of the

State during the fiscal year under the State plan approved under

section 432.’’.

(2) EFFECTIVE DATE.—The amendments made by paragraph

(1) shall apply to expenditures made on or after October 1,

2007.

SEC. 4. TARGETING OF PROMOTING SAFE AND STABLE FAMILIES PROGRAM RESOURCES.

(a) SUPPORT FOR MONTHLY CASEWORKER VISITS.—

(1) RESERVATION AND USE OF FUNDS.—Section 436(b) of

the Social Security Act (42 U.S.C. 629f(b)) is amended by adding

at the end the following:

‘‘(4) SUPPORT FOR MONTHLY CASEWORKER VISITS.—

‘‘(A) RESERVATION.—The Secretary shall reserve for

allotment in accordance with section 433(e)—

‘‘(i) $5,000,000 for fiscal year 2008;

‘‘(ii) $10,000,000 for fiscal year 2009; and

‘‘(iii) $20,000,000 for each of fiscal years 2010 and

2011.

‘‘(B) USE OF FUNDS.—

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

is paid from amounts reserved under subparagraph

(A) shall use the amount to support monthly caseworker visits with children who are in foster care

under the responsibility of the State, with a primary

emphasis on activities designed to improve caseworker

retention, recruitment, training, and ability to access

the benefits of technology.

‘‘(ii) NONSUPPLANTATION.—A State to which an

amount is paid from amounts reserved pursuant to

subparagraph (A) shall not use the amount to supplant

any Federal funds paid to the State under part E

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

42 USC 629d

note.

42 USC 629b

note.

PUBLIC LAW 109–288—SEPT. 28, 2006 120 STAT. 1237

(2) ALLOTMENT OF FUNDS.—Section 433 of such Act (42

U.S.C. 629c) is amended—

(A) in subsection (d), by inserting ‘‘subsection (a), (b),

or (c) of’’ before ‘‘this section’’ the 1st and 2nd places it

appears; and

(B) by adding at the end the following:

‘‘(e) ALLOTMENT OF FUNDS RESERVED TO SUPPORT MONTHLY

CASEWORKER VISITS.— ‘‘(1) TERRITORIES.—From the amount reserved pursuant

to section 436(b)(4)(A) for any fiscal year, the Secretary shall

allot to each jurisdiction specified in subsection (b) of this

section, that has provided to the Secretary such documentation

as may be necessary to verify that the jurisdiction has complied

with section 436(b)(4)(B)(ii) during the fiscal year, an amount

determined in the same manner as the allotment to each of

such jurisdictions is determined under section 423 (without

regard to the initial allotment of $70,000 to each State).

‘‘(2) OTHER STATES.—From the amount reserved pursuant

to section 436(b)(4)(A) for any fiscal year that remains after

applying paragraph (1) of this subsection for the fiscal year,

the Secretary shall allot to each State (other than an Indian

tribe) not specified in subsection (b) of this section, that has

provided to the Secretary such documentation as may be necessary to verify that the State has complied with section

436(b)(4)(B)(ii) during the fiscal year, an amount equal to such

remaining amount multiplied by the food stamp percentage

of the State (as defined in subsection (c)(2) of this section)

for the fiscal year, except that in applying subsection (c)(2)(A)

of this section, ‘subsection (e)(2)’ shall be substituted for ‘such

paragraph (1)’.’’.

(3) PAYMENTS TO STATES.—Section 434(a) of such Act (42

U.S.C. 629d(a)), as amended by section 3(f)(1) of this Act, is

amended by striking ‘‘the lesser of—’’ and all that follows

and inserting the following: ‘‘the sum of—

‘‘(1) the lesser of—

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

for activities under the plan during the fiscal year or the

immediately succeeding fiscal year; or

‘‘(B) the allotment of the State under subsection (a),

(b), or (c) of section 433, whichever is applicable, for the

fiscal year; and

‘‘(2) the lesser of—

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

in accordance with section 436(b)(4)(B) during the fiscal

year or the immediately succeeding fiscal year; or

‘‘(B) the allotment of the State under section 433(e)

for the fiscal year.’’.

(b) SUPPORT FOR TARGETED GRANTS TO INCREASE THE WELL

BEING OF, AND TO IMPROVE THE PERMANENCY OUTCOMES FOR, CHILDREN AFFECTED BY METHAMPHETAMINE OR OTHER SUBSTANCE

ABUSE.—

(1) RESERVATION OF FUNDS.—Section 436(b) of such Act

(42 U.S.C. 629f(b)), as amended by subsection (a)(1) of this

section, is amended by adding at the end the following:

‘‘(5) REGIONAL PARTNERSHIP GRANTS.—The Secretary shall

reserve for awarding grants under section 437(f)— ‘‘(A) $40,000,000 for fiscal year 2007;

120 STAT. 1238 PUBLIC LAW 109–288—SEPT. 28, 2006

‘‘(B) $35,000,000 for fiscal year 2008;

‘‘(C) $30,000,000 for fiscal year 2009; and

‘‘(D) $20,000,000 for each of fiscal years 2010 and

2011.’’.

(2) TARGETED GRANTS.— (A) IN GENERAL.—Section 437 of such Act (42 U.S.C.

629g) is amended by adding at the end the following:

‘‘(f) TARGETED GRANTS TO INCREASE THE WELL-BEING OF, AND

TO IMPROVE THE PERMANENCY OUTCOMES FOR, CHILDREN AFFECTED

BY METHAMPHETAMINE OR OTHER SUBSTANCE ABUSE.— ‘‘(1) PURPOSE.—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 methamphetamine or other substance abuse.

‘‘(2) REGIONAL PARTNERSHIP DEFINED.—

‘‘(A) IN GENERAL.—In this subsection, the term ‘regional

partnership’ means a collaborative agreement (which may

be established on an interstate or intrastate basis) entered

into by at least 2 of the following:

‘‘(i) The State child welfare agency that is responsible for the administration of the State plan under

this part and part E.

‘‘(ii) The State agency responsible for administering the substance abuse prevention and treatment

block grant provided under subpart II of part B of

title XIX of the Public Health Service Act.

‘‘(iii) An Indian tribe or tribal consortium.

‘‘(iv) Nonprofit child welfare service providers.

‘‘(v) For-profit child welfare service providers.

‘‘(vi) Community health service providers.

‘‘(vii) Community mental health providers.

‘‘(viii) Local law enforcement agencies.

‘‘(ix) Judges and court personnel.

‘‘(x) Juvenile justice officials.

‘‘(xi) School personnel.

‘‘(xii) Tribal child welfare agencies (or a consortia

of such agencies).

‘‘(xiii) Any other providers, agencies, personnel,

officials, or entities that are related to the provision

of child and family services under this subpart.

‘‘(B) REQUIREMENTS.—

‘‘(i) STATE CHILD WELFARE AGENCY PARTNER.—Subject to clause (ii)(I), a regional partnership entered

into for purposes of this subsection shall include the

State child welfare agency that is responsible for the

administration of the State plan under this part and

part E as 1 of the partners.

‘‘(ii) REGIONAL PARTNERSHIPS ENTERED INTO BY

INDIAN TRIBES OR TRIBAL CONSORTIA.—If an Indian

tribe or tribal consortium enters into a regional partnership for purposes of this subsection, the Indian

tribe or tribal consortium—

PUBLIC LAW 109–288—SEPT. 28, 2006 120 STAT. 1239

‘‘(I) may (but is not required to) include such

State child welfare agency as a partner in the

collaborative agreement; and

‘‘(II) may not enter into a collaborative agreement only with tribal child welfare agencies (or

a consortium of such agencies).

‘‘(iii) NO STATE AGENCY ONLY PARTNERSHIPS.—If

a State agency described in clause (i) or (ii) of subparagraph (A) enters into a regional partnership for purposes of this subsection, the State agency may not

enter into a collaborative agreement only with the

other State agency described in such clause (i) or (ii).

‘‘(3) AUTHORITY TO AWARD GRANTS.— ‘‘(A) IN GENERAL.—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 2007 through 2011 under

section 436(b)(5), to regional partnerships that satisfy the

requirements of this subsection, in amounts that are not

less than $500,000 and not more than $1,000,000 per grant

per fiscal year.

‘‘(B) REQUIRED MINIMUM PERIOD OF APPROVAL.—A

grant shall be awarded under this subsection for a period

of not less than 2, and not more than 5, fiscal years.

‘‘(4) APPLICATION REQUIREMENTS.—To be eligible for a grant

under this subsection, a regional partnership shall submit to

the Secretary a written application containing the following:

‘‘(A) Recent evidence demonstrating that methamphetamine or other substance abuse has had a substantial

impact on the number of out-of-home placements for children, or the number of children who are at risk of being

placed in an out-of-home placement, in the partnership

region.

‘‘(B) A description of the goals and outcomes to be

achieved during the funding period for the grant that will—

‘‘(i) enhance the well-being of children receiving

services or taking part in activities conducted with

funds provided under the grant;

‘‘(ii) lead to safety and permanence for such children; and

‘‘(iii) decrease the number of out-of-home placements for children, or the number of children who

are at risk of being placed in an out-of-home placement,

in the partnership region.

‘‘(C) A description of the joint activities to be funded

in whole or in part with the funds provided under the

grant, including the sequencing of the activities proposed

to be conducted under the funding period for the grant.

‘‘(D) A description of the strategies for integrating programs and services determined to be appropriate for the

child and where appropriate, the child’s family.

‘‘(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—

120 STAT. 1240 PUBLIC LAW 109–288—SEPT. 28, 2006

‘‘(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.

‘‘(5) USE OF FUNDS.—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) Family-based comprehensive long-term substance

abuse treatment services.

‘‘(B) Early intervention and preventative services.

‘‘(C) Children and family counseling.

‘‘(D) Mental health services.

‘‘(E) Parenting skills training.

‘‘(F) Replication of successful models for providing

family-based comprehensive long-term substance abuse

treatment services.

‘‘(6) MATCHING REQUIREMENT.—

‘‘(A) FEDERAL SHARE.—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—

‘‘(i) 85 percent for the first and second fiscal years

for which the grant is awarded to a recipient;

‘‘(ii) 80 percent for the third and fourth such fiscal

years; and

‘‘(iii) 75 percent for the fifth such fiscal year.

‘‘(B) NON-FEDERAL SHARE.—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.

‘‘(7) CONSIDERATIONS IN AWARDING GRANTS.—In awarding

grants under this subsection, the Secretary shall—

‘‘(A) take into consideration the extent to which

applicant regional partnerships—

‘‘(i) demonstrate that methamphetamine or other

substance abuse by parents or caretakers has had a

substantial impact on the number of out-of-home placements for children, or the number of children who

are at risk of being placed in an out-of-home placement,

in the partnership region;

‘‘(ii) have limited resources for addressing the

needs of children affected by such abuse;

‘‘(iii) have a lack of capacity for, or access to,

comprehensive family treatment services; and

PUBLIC LAW 109–288—SEPT. 28, 2006 120 STAT. 1241

‘‘(iv) demonstrate a plan for sustaining the services

provided by or activities funded under the grant after

the conclusion of the grant period; and

‘‘(B) 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.

‘‘(8) PERFORMANCE INDICATORS.— ‘‘(A) IN GENERAL.—Not later than 9 months after the

date of enactment of this subsection, the Secretary shall

establish indicators that will be used to assess periodically

the performance of the grant recipients under this subsection in using funds made available under such grants

to achieve the purpose of this subsection.

‘‘(B) CONSULTATION REQUIRED.—In establishing the

performance indicators required by subparagraph (A), the

Secretary shall consult with the following:

‘‘(i) The Assistant Secretary for the Administration

for Children and Families.

‘‘(ii) The Administrator of the Substance Abuse

and Mental Health Services Administration.

‘‘(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.

‘‘(9) REPORTS.— ‘‘(A) GRANTEE REPORTS.—

‘‘(i) ANNUAL REPORT.—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.

‘‘(ii) INCORPORATION OF INFORMATION RELATED TO

PERFORMANCE INDICATORS.—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.

‘‘(B) REPORTS TO CONGRESS.—On the basis of the

reports submitted under subparagraph (A), the Secretary

Deadline.

120 STAT. 1242 PUBLIC LAW 109–288—SEPT. 28, 2006

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—

‘‘(i) the services provided and activities conducted

with funds provided under grants awarded under this

subsection;

‘‘(ii) the performance indicators established under

paragraph (8); and

‘‘(iii) the progress that has been made in

addressing the needs of families with methamphetamine or other substance abuse problems who come

to the attention of the child welfare system and in

achieving the goals of child safety, permanence, and

family stability.’’.

(B) CONFORMING AMENDMENTS.—Section 437 of such

Act (42 U.S.C. 629g) is amended—

(i) in the section heading, by inserting ‘‘AND TARGETED’’ after ‘‘DISCRETIONARY’’; and

(ii) in subsection (e), by striking ‘‘this section’’ and

inserting ‘‘subsection (a)’’.

(c) EVALUATION, RESEARCH, AND TECHNICAL ASSISTANCE WITH

RESPECT TO TARGETED PROGRAM RESOURCES.—Section 435(c) of

such Act (42 U.S.C. 629e(c)) is amended to read as follows :

‘‘(c) EVALUATION, RESEARCH, AND TECHNICAL ASSISTANCE WITH

RESPECT TO TARGETED PROGRAM RESOURCES.—Of the amount

reserved under section 436(b)(1) for a fiscal year, the Secretary

shall use not less than—

‘‘(1) $1,000,000 for evaluations, research, and providing

technical assistance with respect to supporting monthly caseworker visits with children who are in foster care under the

responsibility of the State, in accordance with section

436(b)(4)(B)(i); and

‘‘(2) $1,000,000 for evaluations, research, and providing

technical assistance with respect to grants under section

437(f).’’.

SEC. 5. ALLOTMENTS AND GRANTS TO INDIAN TRIBES.

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

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

Security Act (42 U.S.C. 629f(b)(3)) is amended by striking ‘‘1’’

and inserting ‘‘3’’.

(2) DISCRETIONARY GRANTS.—Section 437(b)(3) of such Act

(42 U.S.C. 629g(b)(3)) is amended by striking ‘‘2’’ and inserting

‘‘3’’.

(3) EFFECT OF RESERVATION OF FUNDS FOR TARGETED PROGRAM RESOURCES ON AMOUNTS RESERVED FOR INDIAN TRIBES.—

Section 436(b)(3) of such Act (42 U.S.C. 629b(b)(3)) is amended

by striking ‘‘The’’ and inserting ‘‘After applying paragraphs

(4) and (5) (but before applying paragraphs (1) or (2)), the’’.

(b) AUTHORITY FOR TRIBAL CONSORTIA TO RECEIVE ALLOTMENTS.—

(1) ALLOTMENT OF MANDATORY FUNDS.—

(A) IN GENERAL.—Section 433(a) of such Act (42 U.S.C.

629c(a)) is amended—

(i) in the subsection heading, by inserting ‘‘OR

TRIBAL CONSORTIA’’ after ‘‘TRIBES’’; and

42 USC 629f.

PUBLIC LAW 109–288—SEPT. 28, 2006 120 STAT. 1243

(ii) by adding at the end the following new sentence: ‘‘If a consortium of Indian tribes submits a plan

approved under this subpart, 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.’’.

(B) CONFORMING AMENDMENT.—Section 436(b)(3) of

such Act (42 U.S.C. 629f(b)(3)) is amended—

(i) in the paragraph heading, by inserting ‘‘OR

TRIBAL CONSORTIA’’ after ‘‘TRIBES’’; and

(ii) by inserting ‘‘or tribal consortia’’ after ‘‘Indian

tribes’’.

(2) ALLOTMENT OF ANY DISCRETIONARY FUNDS.—Section 437

of such Act (42 U.S.C. 629g) is amended—

(A) in subsection (b)(3)—

(i) in the paragraph heading, by inserting ‘‘OR

TRIBAL CONSORTIA’’ after ‘‘TRIBES’’; and

(ii) by inserting ‘‘or tribal consortia’’ after ‘‘Indian

tribes’’; and

(B) in subsection (c)(1)—

(i) in the paragraph heading, by inserting ‘‘OR

TRIBAL CONSORTIA’’ after ‘‘TRIBES’’; and

(ii) by adding at the end the following new sentence: ‘‘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.’’.

(3) ADDITIONAL CONFORMING AMENDMENTS.—

(A) PLANS OF INDIAN TRIBES.—Section 432(b)(2) of such

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

(i) in the paragraph heading, by inserting ‘‘OR

TRIBAL CONSORTIA’’ after ‘‘TRIBES’’;

(ii) in subparagraph (A), by inserting ‘‘or tribal

consortium’’ after ‘‘Indian tribe’’ each place it appears;

and

(iii) in subparagraph (B)—

(I) by inserting ‘‘or tribal consortium’’ after

‘‘Indian tribe’’; and

(II) by inserting ‘‘and tribal consortia’’ after

‘‘Indian tribes’’.

(B) DIRECT PAYMENTS TO TRIBAL ORGANIZATIONS.—Section 434(c) of such Act (42 U.S.C. 629d(c)) is amended—

(i) in the subsection heading, by inserting ‘‘OR

TRIBAL CONSORTIA’’ after ‘‘TRIBES’’; and

(ii) by inserting ‘‘or tribal consortium’’ after ‘‘Indian

tribe’’ the first place it appears; and

(iii) by inserting ‘‘or in the case of a payment

to a tribal consortium, such tribal organizations of,

or entity established by, the Indian tribes that are

part of the consortium as the consortium shall designate’’ before the period.

(C) EVALUATIONS; RESEARCH; TECHNICAL ASSISTANCE.—

Section 435(d) of such Act (42 U.S.C. 629e(d)) is amended

in the matter preceding paragraph (1), by inserting ‘‘or

tribal consortia’’ after ‘‘Indian tribes’’.

120 STAT. 1244 PUBLIC LAW 109–288—SEPT. 28, 2006

(c) COLLECTION OF DATA ON TRIBAL PROMOTING SAFE AND

STABLE FAMILIES PLANS.—Section 432(b)(2)(A) of such Act (42

U.S.C. 629b(b)(2)(A)), as amended by subsection (b)(3)(A)(ii) of this

section, is amended by striking ‘‘any requirement of this section

that the Secretary determines’’ and inserting ‘‘the requirements

of subsection (a)(4) of this section to the extent that the Secretary

determines those requirements’’.

SEC. 6. IMPROVEMENTS TO THE CHILD WELFARE SERVICES PROGRAM.

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

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

420 and 425 and inserting after section 424 the following:

‘‘LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS

‘‘SEC. 425. To carry out this subpart, there are authorized to be appropriated to the Secretary not more than $325,000,000

for each of fiscal years 2007 through 2011.’’.

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

(1) by striking section 424;

(2) by redesignating sections 421 and 423 as sections 423

and 424, respectively, and by transferring section 423 (as so

redesignated) so that it appears after section 422; and

(3) by inserting after the subpart heading the following:

‘‘PURPOSE

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

flexibility in the development and expansion of a coordinated child

and family services program that utilizes community-based agencies

and ensures all children are raised in safe, loving families, by—

‘‘(1) protecting and promoting the welfare of all children;

‘‘(2) preventing the neglect, abuse, or exploitation of children;

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

allow children, where appropriate, to remain safely with their

families or return to their families in a timely manner;

‘‘(4) promoting the safety, permanence, and well-being of

children in foster care and adoptive families; and

‘‘(5) providing training, professional development and support to ensure a well-qualified child welfare workforce.’’.

(c) MODIFICATION OF STATE PLAN REQUIREMENTS.—Section 422

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

(1) in subsection (b)—

(A) by striking paragraphs (3) through (5) and inserting

the following:

‘‘(3) include a description of the services and activities

which the State will fund under the State program carried

out pursuant to this subpart, and how the services and activities

will achieve the purpose of this subpart;’’;

(B) by striking paragraph (6) and inserting after paragraph (3) (as added by subparagraph (A) of this paragraph)

the following:

‘‘(4) contain a description of—

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

welfare services statewide and to expand and strengthen

the range of existing services and develop and implement

services to improve child outcomes; and

42 USC 621.

42 USC 623, 624.

42 USC 624.

42 USC 620, 625.

PUBLIC LAW 109–288—SEPT. 28, 2006 120 STAT. 1245

‘‘(B) the child welfare services staff development and

training plans of the State;’’;

(C) by redesignating paragraphs (7) through (9) as

paragraphs (5) through (7), respectively;

(D) in paragraph (10)—

(i) by striking subparagraph (A);

(ii) in subparagraph (B)(iii)(II), by inserting ‘‘,

which may include a residential educational program’’

after ‘‘in some other planned, permanent living

arrangement’’;

(iii) by redesignating subparagraph (B) as subparagraph (A); and

(iv) by striking subparagraph (C) and inserting

after subparagraph (A) the following:

‘‘(B) has in effect policies and administrative and

judicial procedures for children abandoned at or shortly

after birth (including policies and procedures providing for

legal representation of the children) which enable permanent decisions to be made expeditiously with respect to

the placement of the children;’’;

(E) in paragraph (14), by striking ‘‘and’’ at the end;

(F) in paragraph (15), by striking the period and

inserting a semicolon;

(G) by redesignating paragraphs (10) through (15) as

paragraphs (8) through (13), respectively; and

(H) by adding at the end the following:

‘‘(14) not later than October 1, 2007, 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;

‘‘(15) describe how the State actively consults with and

involves physicians or other appropriate medical professionals

in—

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

in foster care under the responsibility of the State; and

‘‘(B) determining appropriate medical treatment for the

children; and

‘‘(16) provide that, not later than 1 year after the date

of the enactment of this paragraph, the State shall have in

place procedures providing for how the State programs assisted

under this subpart, subpart 2 of this part, or part E would

respond to a disaster, in accordance with criteria established

by the Secretary which should include how a State would—

‘‘(A) identify, locate, and continue availability of services for children under State care or supervision who are

displaced or adversely affected by a disaster;

‘‘(B) respond, as appropriate, to new child welfare cases

in areas adversely affected by a disaster, and provide services in those cases;

‘‘(C) remain in communication with caseworkers and

other essential child welfare personnel who are displaced

because of a disaster;

‘‘(D) preserve essential program records; and

‘‘(E) coordinate services and share information with

other States.’’; and

(2) by adding at the end the following:

‘‘(c) DEFINITIONS.—In this subpart:

Deadline.

Deadline.

120 STAT. 1246 PUBLIC LAW 109–288—SEPT. 28, 2006

‘‘(1) ADMINISTRATIVE COSTS.—The term ‘administrative

costs’ means costs for the following, but only to the extent

incurred in administering the State plan developed pursuant

to this subpart: procurement, payroll management, personnel

functions (other than the portion of the salaries of supervisors

attributable to time spent directly supervising the provision

of services by caseworkers), management, maintenance and

operation of space and property, data processing and computer

services, accounting, budgeting, auditing, and travel expenses

(except those related to the provision of services by caseworkers

or the oversight of programs funded under this subpart).

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

in this part, see section 475.’’.

(d) PROVISIONS RELATING TO STATE ALLOTMENTS.—Section 423

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

is amended—

(1) in subsection (a)—

(A) by inserting ‘‘IN GENERAL.—’’ after ‘‘(a)’’; and

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

(2) in subsection (b), by inserting ‘‘DETERMINATION OF

STATE ALLOTMENT PERCENTAGES.—’’ after ‘‘(b)’’;

(3) in subsection (c), by inserting ‘‘PROMULGATION OF STATE

ALLOTMENT PERCENTAGES.—’’ after ‘‘(c)’’;

(4) in subsection (d)—

(A) by inserting ‘‘UNITED STATES DEFINED.—’’ after

‘‘(d)’’; and

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

(5) by adding at the end the following:

‘‘(e) REALLOTMENT OF FUNDS.—

‘‘(1) IN GENERAL.—The amount of any allotment to a State

for a fiscal year under the preceding provisions of this section

which the State certifies to the Secretary will not be required

for carrying out the State plan developed as provided in section

422 shall be available for reallotment from time to time, on

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

the Secretary determines—

‘‘(A) need sums in excess of the amounts allotted to

such other States under the preceding provisions of this

section, in carrying out their State plans so developed;

and

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

the fiscal year.

‘‘(2) CONSIDERATIONS.—The Secretary shall make the reallotments on the basis of the State plans so developed, after

taking into consideration—

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

‘‘(B) the per capita income of each of such other States

as compared with the population under 21 years of age;

and

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

with respect to which such a determination by the Secretary has been made.

‘‘(3) AMOUNTS REALLOTTED TO A STATE DEEMED PART OF

STATE ALLOTMENT.—Any amount so reallotted to a State is

deemed part of the allotment of the State under this section.’’.

(e) PAYMENTS TO STATES; LIMITATIONS ON USE OF FUNDS.—

PUBLIC LAW 109–288—SEPT. 28, 2006 120 STAT. 1247

(1) LIMITATIONS RELATED TO STATE EXPENDITURES FOR

CHILD CARE, FOSTER CARE MAINTENANCE PAYMENTS, AND ADOP- TION ASSISTANCE PAYMENTS.—Section 424 of such Act, as so

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

by striking subsections (c) and (d) and inserting the following:

‘‘(c) LIMITATION ON USE OF FEDERAL FUNDS FOR CHILD CARE, FOSTER CARE MAINTENANCE PAYMENTS, OR ADOPTION ASSISTANCE

PAYMENTS.—The total amount of Federal payments under this subpart for a fiscal year beginning after September 30, 2007, that

may be used by a State for expenditures for child care, foster

care maintenance payments, or adoption assistance payments shall

not exceed the total amount of such payments for fiscal year 2005

that were so used by the State.

‘‘(d) LIMITATION ON USE BY STATES OF NON-FEDERAL FUNDS

FOR FOSTER CARE MAINTENANCE PAYMENTS TO MATCH FEDERAL

FUNDS.—For any fiscal year beginning after September 30, 2007,

State expenditures of non-Federal funds for foster care maintenance

payments shall not be considered to be expenditures under the

State plan developed under this subpart for the fiscal year to

the extent that the total of such expenditures for the fiscal year

exceeds the total of such expenditures under the State plan developed under this subpart for fiscal year 2005.’’.

(2) LIMITATION ON ADMINISTRATIVE COST REIMBURSE- MENT.— (A) IN GENERAL.—Section 424 of such Act (42 U.S.C.

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

is amended by adding at the end the following:

‘‘(e) LIMITATION ON REIMBURSEMENT FOR ADMINISTRATIVE

COSTS.—A payment may not be made to a State under this section

with respect to expenditures during a fiscal year for administrative

costs, to the extent that the total amount of the expenditures

exceeds 10 percent of the total expenditures of the State during

the fiscal year for activities funded from amounts provided under

this subpart.’’.

(B) EFFECTIVE DATE.—The amendment made by

subparagraph (A) shall apply to expenditures made on

or after October 1, 2007.

(f) CONFORMING AMENDMENTS.— (1) Section 428(b) of such Act (42 U.S.C. 628(b)) is amended

by striking ‘‘421’’ and inserting ‘‘423’’.

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

(A)(i) by striking the following:

‘‘CHILD WELFARE TRAINEESHIPS

‘‘SEC. 429. The Secretary’’; and

(ii) inserting the following:

‘‘(c) CHILD WELFARE TRAINEESHIPS.—The Secretary’’; and

(B) by transferring the provision to the end of section

426 (as amended by section 11(b) of this Act).

(3) Section 429A of such Act (42 U.S.C. 628b) is redesignated as section 429.

(4) Section 433(b) of such Act (42 U.S.C. 629c(b)) is

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

(5) Section 437(c)(2) of such Act (42 U.S.C. 629g(c)(2)) is

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

(6) Section 472(d) of such Act (42 U.S.C. 672(d)) is amended

by striking ‘‘422(b)(10)’’ and inserting ‘‘422(b)(8)’’.

42 USC 628a,

626.

42 USC 624 note.

42 USC 624.

120 STAT. 1248 PUBLIC LAW 109–288—SEPT. 28, 2006

(7) Section 473A(f) of such Act (42 U.S.C. 673b(f)) is

amended by striking ‘‘423’’ and inserting ‘‘424’’.

(8) Section 1130(b)(1) of such Act (42 U.S.C. 1320a–9(b)(1))

is amended to read as follows:

‘‘(1) any provision of section 422(b)(8), or section 479; or’’.

(9) Section 104(b)(3) of the Intercountry Adoption Act of

2000 (42 U.S.C. 14914(b)(3)) is amended by striking ‘‘422(b)(14)

of the Social Security Act, as amended by section 205 of this

Act’’ and inserting ‘‘422(b)(12) of the Social Security Act’’.

SEC. 7. MONTHLY CASEWORKER STANDARD.

(a) STATE PLAN REQUIREMENT.—Section 422(b) of the Social

Security Act (42 U.S.C. 622(b)), as amended by section 6(c) of

this Act, is amended—

(1) by striking ‘‘and’’ at the end of paragraph (15);

(2) by striking the period at the end of paragraph (16)

and inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(17) not later than October 1, 2007, describe the State

standards for the content and frequency of caseworker visits

for children who are in foster care under the responsibility

of the State, which, at a minimum, ensure that the children

are visited on a monthly basis and that the caseworker visits

are well-planned and focused on issues pertinent to case planning and service delivery to ensure the safety, permanency,

and well-being of the children.’’.

(b) ENFORCEMENT.—Section 424 of the Social Security Act, as

so redesignated by section 6(b)(2) of this Act, is amended by adding

at the end the following:

‘‘(e)(1) The Secretary may not make a payment to a State

under this subpart for a period in fiscal year 2008, unless the

State has provided to the Secretary data which shows, for fiscal

year 2007—

‘‘(A) the percentage of children in foster care under the

responsibility of the State who were visited on a monthly basis

by the caseworker handling the case of the child; and

‘‘(B) the percentage of the visits that occurred in the residence of the child.

‘‘(2)(A) Based on the data provided by a State pursuant to

paragraph (1), the Secretary, in consultation with the State, shall

establish, not later than June 30, 2008, an outline of the steps

to be taken to ensure, by October 1, 2011, that at least 90 percent

of the children in foster care under the responsibility of the State

are visited by their caseworkers on a monthly basis, and that

the majority of the visits occur in the residence of the child. The

outline shall include target percentages to be reached each fiscal

year, and should include a description of how the steps will be

implemented. The steps may include activities designed to improve

caseworker retention, recruitment, training, and ability to access

the benefits of technology.

‘‘(B) Beginning October 1, 2008, if the Secretary determines

that a State has not made the requisite progress in meeting the

goal described in subparagraph (A) of this paragraph, then the

percentage that shall apply for purposes of subsection (a) of this

section for the period involved shall be the percentage set forth

in such subsection (a) reduced by—

Effective date.

Applicability.

Deadline.

Deadline.

PUBLIC LAW 109–288—SEPT. 28, 2006 120 STAT. 1249

‘‘(i) 1, if the number of full percentage points by which

the State fell short of the target percentage established for

the State for the period pursuant to such subparagraph is

less than 10;

‘‘(ii) 3, if the number of full percentage points by which

the State fell short, as described in clause (i), is not less

than 10 and less than 20; or

‘‘(iii) 5, if the number of full percentage points by which

the State fell short, as described in clause (i), is not less

than 20.’’.

(c) REPORTS.— (1) PROGRESS REPORT.—Not later than March 31, 2010,

the Secretary of Health and Human Services shall submit

to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a

report that outlines the progress made by the States in meeting

the standards referred to in section 422(b)(17) of the Social

Security Act, and offers recommendations developed in consultation with State officials responsible for administering child

welfare programs and members of the State legislature to assist

States in their efforts to ensure that foster children are visited

on a monthly basis.

(2) INCLUSION OF INFORMATION ON CASEWORKER VISITS IN

ANNUAL CHILD WELL-BEING OUTCOME REPORTS.—Section 479A

of such Act (42 U.S.C. 679b) is amended—

(A) by striking ‘‘and’’ at the end of paragraph (4);

(B) by striking the period at the end of paragraph

(5) and inserting ‘‘; and’’; and

(C) by adding at the end the following:

‘‘(6) include in the report submitted pursuant to paragraph

(5) for fiscal year 2007 or any succeeding fiscal year, Stateby-State data on—

‘‘(A) the percentage of children in foster care under

the responsibility of the State who were visited on a

monthly basis by the caseworker handling the case of the

child; and

‘‘(B) the percentage of the visits that occurred in the

residence of the child.’’.

SEC. 8. REAUTHORIZATION OF PROGRAM FOR MENTORING CHILDREN

OF PRISONERS.

(a) IN GENERAL.—Section 439 of the Social Security Act (42

U.S.C. 629i) is amended—

(1) in subsection (c), by striking ‘‘2002 through 2006’’ and

inserting ‘‘2007 through 2011’’; and

(2) in subsection (h)—

(A) by striking paragraph (1) and inserting the following:

‘‘(1) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—

To carry out this section, there are authorized to be appropriated to the Secretary such sums as may be necessary for

fiscal years 2007 through 2011.’’; and

(B) in paragraph (2), by striking ‘‘2.5’’ and inserting

‘‘4’’.

(b) SERVICE DELIVERY DEMONSTRATION PROJECT.— (1) IN GENERAL.—Section 439 of such Act (42 U.S.C. 629i),

as amended by subsection (a) of this section, is amended—

120 STAT. 1250 PUBLIC LAW 109–288—SEPT. 28, 2006

(A) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and

(B) by inserting after subsection (f) the following:

‘‘(g) SERVICE DELIVERY DEMONSTRATION PROJECT.— ‘‘(1) PURPOSE; AUTHORITY TO ENTER INTO COOPERATIVE

AGREEMENT.—The Secretary shall enter into a cooperative

agreement with an eligible entity that meets the requirements

of paragraph (2) for the purpose of requiring the entity to

conduct a demonstration project consistent with this subsection

under which the entity shall—

‘‘(A) identify children of prisoners in need of mentoring

services who have not been matched with a mentor by

an applicant awarded a grant under this section, with

a priority for identifying children who—

‘‘(i) reside in an area not served by a recipient

of a grant under this section;

‘‘(ii) reside in an area that has a substantial

number of children of prisoners;

‘‘(iii) reside in a rural area; or

‘‘(iv) are Indians;

‘‘(B) provide the families of the children so identified

with—

‘‘(i) a voucher for mentoring services that meets

the requirements of paragraph (5); and

‘‘(ii) a list of the providers of mentoring services

in the area in which the family resides that satisfy

the requirements of paragraph (6); and

‘‘(C) monitor and oversee the delivery of mentoring

services by providers that accept the vouchers.

‘‘(2) ELIGIBLE ENTITY.—

‘‘(A) IN GENERAL.—Subject to subparagraph (B), an

eligible entity under this subsection is an organization

that the Secretary determines, on a competitive basis—

‘‘(i) has substantial experience—

‘‘(I) in working with organizations that provide

mentoring services for children of prisoners; and

‘‘(II) in developing quality standards for the

identification and assessment of mentoring programs for children of prisoners; and

‘‘(ii) submits an application that satisfies the

requirements of paragraph (3).

‘‘(B) LIMITATION.—An organization that provides mentoring services may not be an eligible entity for purposes

of being awarded a cooperative agreement under this subsection.

‘‘(3) APPLICATION REQUIREMENTS.—To be eligible to be

awarded a cooperative agreement under this subsection, an

entity shall submit to the Secretary an application that includes

the following:

‘‘(A) QUALIFICATIONS.—Evidence that the entity—

‘‘(i) meets the experience requirements of paragraph (2)(A)(i); and

‘‘(ii) is able to carry out—

‘‘(I) the purposes of this subsection identified

in paragraph (1); and

‘‘(II) the requirements of the cooperative agreement specified in paragraph (4).

PUBLIC LAW 109–288—SEPT. 28, 2006 120 STAT. 1251

‘‘(B) SERVICE DELIVERY PLAN.— ‘‘(i) DISTRIBUTION REQUIREMENTS.—Subject to

clause (iii), a description of the plan of the entity

to ensure the distribution of not less than—

‘‘(I) 3,000 vouchers for mentoring services in

the first year in which the cooperative agreement

is in effect with that entity;

‘‘(II) 8,000 vouchers for mentoring services in

the second year in which the agreement is in effect

with that entity; and

‘‘(III) 13,000 vouchers for mentoring services

in any subsequent year in which the agreement

is in effect with that entity.

‘‘(ii) SATISFACTION OF PRIORITIES.—A description

of how the plan will ensure the delivery of mentoring

services to children identified in accordance with the

requirements of paragraph (1)(A).

‘‘(iii) SECRETARIAL AUTHORITY TO MODIFY DISTRIBUTION REQUIREMENT.—The Secretary may modify the

number of vouchers specified in subclauses (I) through

(III) of clause (i) to take into account the availability

of appropriations and the need to ensure that the

vouchers distributed by the entity are for amounts

that are adequate to ensure the provision of mentoring

services for a 12-month period.

‘‘(C) COLLABORATION AND COOPERATION.—A description

of how the entity will ensure collaboration and cooperation

with other interested parties, including courts and prisons,

with respect to the delivery of mentoring services under

the demonstration project.

‘‘(D) OTHER.—Any other information that the Secretary

may find necessary to demonstrate the capacity of the

entity to satisfy the requirements of this subsection.

‘‘(4) COOPERATIVE AGREEMENT REQUIREMENTS.—A cooperative agreement awarded under this subsection shall require

the eligible entity to do the following:

‘‘(A) IDENTIFY QUALITY STANDARDS FOR PROVIDERS.—

To work with the Secretary to identify the quality standards that a provider of mentoring services must meet in

order to participate in the demonstration project and which,

at a minimum, shall include criminal records checks for

individuals who are prospective mentors and shall prohibit

approving any individual to be a mentor if the criminal

records check of the individual reveals a conviction which

would prevent the individual from being approved as a

foster or adoptive parent under section 471(a)(20)(A).

‘‘(B) IDENTIFY ELIGIBLE PROVIDERS.—To identify and

compile a list of those providers of mentoring services in

any of the 50 States or the District of Columbia that

meet the quality standards identified pursuant to subparagraph (A).

‘‘(C) IDENTIFY ELIGIBLE CHILDREN.—To identify children of prisoners who require mentoring services, consistent with the priorities specified in paragraph (1)(A).

‘‘(D) MONITOR AND OVERSEE DELIVERY OF MENTORING

SERVICES.—To satisfy specific requirements of the Secretary

for monitoring and overseeing the delivery of mentoring

Records.

Law enforcement

and crime.

120 STAT. 1252 PUBLIC LAW 109–288—SEPT. 28, 2006

services under the demonstration project, which shall

include a requirement to ensure that providers of mentoring services under the project report data on the children

served and the types of mentoring services provided.

‘‘(E) RECORDS, REPORTS, AND AUDITS.—To maintain any

records, make any reports, and cooperate with any reviews

and audits that the Secretary determines are necessary

to oversee the activities of the entity in carrying out the

demonstration project under this subsection.

‘‘(F) EVALUATIONS.—To cooperate fully with any

evaluations of the demonstration project, including collecting and monitoring data and providing the Secretary

or the Secretary’s designee with access to records and staff

related to the conduct of the project.

‘‘(G) LIMITATION ON ADMINISTRATIVE EXPENDITURES.—

To ensure that administrative expenditures incurred by

the entity in conducting the demonstration project with

respect to a fiscal year do not exceed the amount equal

to 10 percent of the amount awarded to carry out the

project for that year.

‘‘(5) VOUCHER REQUIREMENTS.—A voucher for mentoring

services provided to the family of a child identified in accordance with paragraph (1)(A) shall meet the following requirements:

‘‘(A) TOTAL PAYMENT AMOUNT; 12-MONTH SERVICE

PERIOD.—The voucher shall specify the total amount to

be paid a provider of mentoring services for providing the

child on whose behalf the voucher is issued with mentoring

services for a 12-month period.

‘‘(B) PERIODIC PAYMENTS AS SERVICES PROVIDED.—

‘‘(i) IN GENERAL.—The voucher shall specify that

it may be redeemed with the eligible entity by the

provider accepting the voucher in return for agreeing

to provide mentoring services for the child on whose

behalf the voucher is issued.

‘‘(ii) DEMONSTRATION OF THE PROVISION OF SERVICES.—A provider that redeems a voucher issued by

the eligible entity shall receive periodic payments from

the eligible entity during the 12-month period that

the voucher is in effect upon demonstration of the

provision of significant services and activities related

to the provision of mentoring services to the child

on whose behalf the voucher is issued.

‘‘(6) PROVIDER REQUIREMENTS.—In order to participate in

the demonstration project, a provider of mentoring services

shall—

‘‘(A) meet the quality standards identified by the

eligible entity in accordance with paragraph (1);

‘‘(B) agree to accept a voucher meeting the requirements of paragraph (5) as payment for the provision of

mentoring services to a child on whose behalf the voucher

is issued;

‘‘(C) demonstrate that the provider has the capacity,

and has or will have nonfederal resources, to continue

supporting the provision of mentoring services to the child

on whose behalf the voucher is issued, as appropriate,

PUBLIC LAW 109–288—SEPT. 28, 2006 120 STAT. 1253

after the conclusion of the 12-month period during which

the voucher is in effect; and

‘‘(D) if the provider is a recipient of a grant under

this section, demonstrate that the provider has exhausted

its capacity for providing mentoring services under the

grant.

‘‘(7) 3-YEAR PERIOD; OPTION FOR RENEWAL.— ‘‘(A) IN GENERAL.—A cooperative agreement awarded

under this subsection shall be effective for a 3-year period.

‘‘(B) RENEWAL.—The cooperative agreement may be

renewed for an additional period, not to exceed 2 years

and subject to any conditions that the Secretary may

specify that are not inconsistent with the requirements

of this subsection or subsection (i)(2)(B), if the Secretary

determines that the entity has satisfied the requirements

of the agreement and evaluations of the service delivery

demonstration project demonstrate that the voucher service

delivery method is effective in providing mentoring services

to children of prisoners.

‘‘(8) INDEPENDENT EVALUATION AND REPORT.—

‘‘(A) IN GENERAL.—The Secretary shall enter into a

contract with an independent, private organization to

evaluate and prepare a report on the first 2 fiscal years

in which the demonstration project is conducted under

this subsection.

‘‘(B) DEADLINE FOR REPORT.—Not later than 90 days

after the end of the second fiscal year in which the demonstration project is conducted under this subsection, the

Secretary shall submit the report required under subparagraph (A) to the Committee on Ways and Means of the

House of Representatives and the Committee on Finance

of the Senate. The report shall include—

‘‘(i) the number of children as of the end of such

second fiscal year who received vouchers for mentoring

services; and

‘‘(ii) any conclusions regarding the use of vouchers

for the delivery of mentoring services for children of

prisoners.

‘‘(9) NO EFFECT ON ELIGIBILITY FOR OTHER FEDERAL ASSISTANCE.—A voucher provided to a family under the demonstration

project conducted under this subsection shall be disregarded

for purposes of determining the eligibility for, or the amount

of, any other Federal or federally-supported assistance for the

family.’’.

(2) CONFORMING AMENDMENTS.—Section 439 of such Act

(42 U.S.C. 629i), as amended by subsection (a) of this section

and paragraph (1) of this subsection, is amended—

(A) in subsection (a)—

(i) in the subsection heading, by striking ‘‘PURPOSE’’ and inserting ‘‘PURPOSES’’; and

(ii) in paragraph (2)—

(I) in the paragraph heading, by striking ‘‘PURPOSE’’ and inserting ‘‘PURPOSES’’;

(II) by striking ‘‘The purpose of this section

is to authorize the Secretary to make competitive’’

and inserting ‘‘The purposes of this section are

to authorize the Secretary—

Contracts.

120 STAT. 1254 PUBLIC LAW 109–288—SEPT. 28, 2006

‘‘(A) to make competitive’’;

(iii) by striking the period at the end and inserting

‘‘; and’’; and

(iv) by adding at the end the following:

‘‘(B) to enter into on a competitive basis a cooperative

agreement to conduct a service delivery demonstration

project in accordance with the requirements of subsection

(g).’’;

(B) in subsection (c)—

(i) by striking ‘‘(h)’’ and inserting ‘‘(i)’’; and

(ii) by striking ‘‘(h)(2)’’ and inserting ‘‘(i)(2)’’;

(C) by amending subsection (h) (as so redesignated

by paragraph (1)(A) of this subsection) to read as follows:

‘‘(h) INDEPENDENT EVALUATION; REPORTS.—

‘‘(1) INDEPENDENT EVALUATION.—The Secretary shall conduct by grant, contract, or cooperative agreement an independent evaluation of the programs authorized under this section, including the service delivery demonstration project

authorized under subsection (g).

‘‘(2) REPORTS.—Not later than 12 months after the date

of enactment of this subsection, the Secretary shall submit

a report to the Congress that includes the following:

‘‘(A) The characteristics of the mentoring programs

funded under this section.

‘‘(B) The plan for implementation of the service delivery

demonstration project authorized under subsection (g).

‘‘(C) A description of the outcome-based evaluation of

the programs authorized under this section that the Secretary is conducting as of that date of enactment and

how the evaluation has been expanded to include an evaluation of the demonstration project authorized under subsection (g).

‘‘(D) The date on which the Secretary shall submit

a final report on the evaluation to the Congress.’’; and

(D) in subsection (i) (as so redesignated)—

(i) in the subsection heading, by striking ‘‘RESERVATION’’ and inserting ‘‘RESERVATIONS’’; and

(ii) in paragraph (2)—

(I) by amending the paragraph heading to read

as follows: ‘‘RESERVATIONS’’;

(II) by striking ‘‘The’’ and inserting the following:

‘‘(A) RESEARCH, TECHNICAL ASSISTANCE, AND EVALUATION.—The’’; and

(III) by adding at the end the following:

‘‘(B) SERVICE DELIVERY DEMONSTRATION PROJECT.—

‘‘(i) IN GENERAL.—Subject to clause (ii), for purposes of awarding a cooperative agreement to conduct

the service delivery demonstration project authorized

under subsection (g), the Secretary shall reserve not

more than—

‘‘(I) $5,000,000 of the amount appropriated

under paragraph (1) for the first fiscal year in

which funds are to be awarded for the agreement;

‘‘(II) $10,000,000 of the amount appropriated

under paragraph (1) for the second fiscal year in

Grants.

Contracts.

PUBLIC LAW 109–288—SEPT. 28, 2006 120 STAT. 1255

which funds are to be awarded for the agreement;

and

‘‘(III) $15,000,000 of the amount appropriated

under paragraph (1) for the third fiscal year in

which funds are to be awarded for the agreement.

‘‘(ii) ASSURANCE OF FUNDING FOR GENERAL PRO- GRAM GRANTS.—With respect to any fiscal year, no

funds may be awarded for a cooperative agreement

under subsection (g), unless at least $25,000,000 of

the amount appropriated under paragraph (1) for that

fiscal year is used by the Secretary for making grants

under this section for that fiscal year.’’.

SEC. 9. 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. 10. REQUIREMENT FOR FOSTER CARE PROCEEDING TO INCLUDE,

IN AN AGE-APPROPRIATE MANNER, CONSULTATION WITH

THE CHILD THAT IS THE SUBJECT OF THE PROCEEDING.

Section 475(5)(C) of the Social Security Act (42 U.S.C. 675(5)(C))

is amended—

(1) by inserting ‘‘(i)’’ after ‘‘with respect to each such child,’’;

(2) by striking ‘‘and procedural safeguards shall also’’ and

inserting ‘‘(ii) procedural safeguards shall’’; and

(3) by inserting ‘‘and (iii) procedural safeguards shall be

applied to assure that in any permanency hearing held with

respect to the child, including any hearing regarding the transition of the child from foster care to independent living, the

court or administrative body conducting the hearing consults,

in an age-appropriate manner, with the child regarding the

proposed permanency or transition plan for the child;’’ after

‘‘parents;’’.

SEC. 11. TECHNICAL AMENDMENTS.

(a) UPDATING OF ARCHAIC LANGUAGE.—

(1) Section 423 of the Social Security Act, as so redesignated

by section 6(b)(2) of this Act—

(A) is amended by striking ‘‘per centum’’ and inserting

‘‘percent’’; and

(B) by striking ‘‘He’’ and inserting ‘‘The Secretary’’.

(2) Section 424(a) of such Act, as so redesignated by section

6(b)(2) of this Act, is amended by striking ‘‘per centum’’ and

inserting ‘‘percent’’.

(b) 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).

(c) TECHNICAL CORRECTION.—Section 431(a)(6) of such Act (42

U.S.C. 629a(a)(6)) is amended by striking ‘‘1986’’ and inserting

‘‘1996’’.

SEC. 12. EFFECTIVE DATES.

(a) IN GENERAL.—Except as otherwise provided in this Act,

the amendments made by this Act shall take effect on October

1, 2006, and shall apply to payments under parts B and E of

title IV of the Social Security Act for calendar quarters beginning

42 USC 621 note.

120 STAT. 1256 PUBLIC LAW 109–288—SEPT. 28, 2006

LEGISLATIVE HISTORY—S. 3525:

SENATE REPORTS: No. 109–269 (Comm. on Finance).

CONGRESSIONAL RECORD, Vol. 152 (2006):

July 13, considered and passed Senate.

July 25, considered and passed House, amended.

Sept. 20, Senate concurred in House amendments with amendments.

Sept. 26, House concurred in Senate amendments.

Æ

on or after such date, without regard to whether regulations to

implement the amendments are promulgated by such date.

(b) DELAY PERMITTED IF STATE LEGISLATION REQUIRED.—If

the Secretary of Health and Human Services determines that State

legislation (other than legislation appropriating funds) is required

in order for a State plan developed pursuant to subpart 1 of part

B, or a State plan approved under subpart 2 of part B or part

E, of title IV of the Social Security Act to meet the additional

requirements imposed by the amendments made by this Act, the

plan shall not be regarded as failing to meet any of the additional

requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that

begins after the date of the enactment of this Act. If the State

has a 2-year legislative session, each year of the session is deemed

to be a separate regular session of the State legislature.

(c) AVAILABILITY OF PROMOTING SAFE AND STABLE FAMILIES

RESOURCES FOR FISCAL YEAR 2006.—Section 3(c) shall take effect

on the date of the enactment of this Act.

Approved September 28, 2006.

Effective date.