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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3525 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                    September 20, 2006.
      Resolved, That the Senate agree to the amendments of the House of 
Representatives to the bill (S. 3525) entitled ``An Act to amend 
subpart 2 of part B of title IV of the Social Security Act to improve 
outcomes for children in families affected by methamphetamine abuse and 
addiction, to reauthorize the promoting safe and stable families 
program, and for other purposes.'' with the following

                 SENATE AMENDMENTS TO HOUSE AMENDMENTS:

            In lieu of the matter proposed to be inserted by the House 
      amendment to the text of the bill, insert:

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 
        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''.
    (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 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).''.
            (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;
                    ``(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--
                                    ``(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--
                                    ``(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
                            ``(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 
                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
                            (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''.
    (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
                    ``(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:
            ``(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.--
            (1) Limitations related to state expenditures for child 
        care, foster care maintenance payments, and adoption 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 reimbursement.--
                    (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)''.
            (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--
            ``(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, State-
        by-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--
                    (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).
                    ``(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 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, 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--
                    ``(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 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 
                        program 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 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.

            In lieu of the matter proposed to be inserted by the 
        amendment of the House to the title of the Act, insert the 
        following: ``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.''.

            Attest:

                                                             Secretary.
109th CONGRESS

  2d Session

                                S. 3525

_______________________________________________________________________

                 SENATE AMENDMENTS TO HOUSE AMENDMENTS
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