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:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Child and Family Serv3 ices Improvement Act of 2006’’.

4 SEC. 2. FINDINGS.

5 The Congress finds as follows:

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

7 services (CPS) staff nationwide reported investigating

8 or assessing an estimated 3,000,000 allegations of
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1 child maltreatment, and determined that 872,000

2 children had been abused or neglected by their parents

3 or other caregivers.

4 (2) Combined, the Child Welfare Services (CWS)

5 and Promoting Safe and Stable Families (PSSF)

6 programs provide States about $700,000,000 per year,

7 the largest source of targeted Federal funding in the

8 child protection system for services to ensure that

9 children are not abused or neglected and, whenever

10 possible, help children remain safely with their fami11 lies.

12 (3) A 2003 report by the Government Account13 ability Office (GAO) reported that little research is

14 available on the effectiveness of activities supported by

15 CWS funds—evaluations of services supported by

16 PSSF funds have generally shown little or no effect.

17 (4) Further, the Department of Health and

18 Human Services recently completed initial Child and

19 Family Service Reviews (CFSRs) in each State. No

20 State was in full compliance with all measures of the

21 CFSRs. The CFSRs also revealed that States need to

22 work to prevent repeat abuse and neglect of children,

23 improve services provided to families to reduce the

24 risk of future harm (including by better monitoring

25 the participation of families in services), and
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1 strengthen upfront services provided to families to

2 prevent unnecessary family break-up and protect chil3 dren who remain at home.

4 (5) Federal policy should encourage States to in5 vest their CWS and PSSF funds in services that pro6 mote and protect the welfare of children, support

7 strong, healthy families, and reduce the reliance on

8 out-of-home care, which will help ensure all children

9 are raised in safe, loving families.

10 (6) CFSRs also found a strong correlation be11 tween frequent caseworker visits with children and

12 positive outcomes for these children, such as timely

13 achievement of permanency and other indicators of

14 child well-being.

15 (7) However, a December 2005 report by the De16 partment of Health and Human Services Office of In17 spector General found that only 20 States were able

18 to produce reports to show whether caseworkers actu19 ally visited children in foster care on at least a

20 monthly basis, despite the fact that nearly all States

21 had written standards suggesting monthly visits were

22 State policy.

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

24 tenure for a child welfare caseworker is less than 2
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1 years and this level of turnover negatively affects safe2 ty and permanency for children.

3 (9) Targeting CWS and PSSF funds to ensure

4 children in foster care are visited on at least a month5 ly basis will promote better outcomes for vulnerable

6 children, including by preventing further abuse and

7 neglect.

8 (10) According to the Office of Applied Studies

9 of the Substance Abuse and Mental Health Services

10 Administration, the annual number of new uses of

11 Methamphetamine, also known as ‘‘meth,’’ has in12 creased 72 percent over the past decade. According to

13 a study conducted by the National Association of

14 Counties which surveyed 500 county law enforcement

15 agencies in 45 states, 88 percent of the agencies sur16 veyed reported increases in meth related arrests start17 ing 5 years ago.

18 (11) According to the 2004 National Survey on

19 Drug Use and Health, nearly 12,000,000 Americans

20 have tried methamphetamine. Meth making oper21 ations have been uncovered in all 50 states, but the

22 most wide-spread abuse has been concentrated in the

23 western, southwestern, and Midwestern United States.

24 (12) Methamphetamine abuse is on the increase,

25 particularly among women of child-bearing age. This
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1 is having an impact on child welfare systems in

2 many States. According to a survey administered by

3 the National Association of Counties (‘‘The Impact of

4 Meth on Children’’), conducted in 300 counties in 13

5 states, meth is a major cause of child abuse and ne6 glect. Forty percent of all the child welfare officials in

7 the survey reported an increase in out-of-home place8 ments because of meth in 2005.

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

10 to address this issue because of the unique strain the

11 meth epidemic puts on child welfare agencies. Out12 comes for children affected by meth are enhanced

13 when services provided by law enforcement, child wel14 fare and substance abuse agencies are integrated.

15 SEC. 3. REAUTHORIZATION OF THE PROMOTING SAFE AND

16 STABLE FAMILIES PROGRAM.

17 (a) FUNDING OF MANDATORY GRANTS AT $345 MIL18 LION PER FISCAL YEAR.—Effective October 1, 2006, section

19 436(a) of the Social Security Act (42 U.S.C. 629f(a)) is

20 amended by striking ‘‘fiscal year 2006.’’ and all that follows

21 and inserting ‘‘each of fiscal years 2007 through 2011’’.

22 (b) FUNDING OF DISCRETIONARY GRANTS.—Section

23 437(a) of such Act (42 U.S.C. 629g(a)) is amended by strik24 ing ‘‘2002 through 2006’’ and inserting ‘‘2007 through

25 2011’’.
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1 (c) AVAILABILITY OF PROMOTING SAFE AND STABLE

2 FAMILIES RESOURCES FOR FISCAL YEAR 2006.—

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

4 Treasury of the United States not otherwise appro5 priated, there are appropriated to the Secretary of

6 Health and Human Services $40,000,000 for fiscal

7 year 2006 to carry out section 436 of the Social Secu8 rity Act, in addition to any amount otherwise made

9 available for fiscal year 2006 to carry out such sec10 tion.

11 (2) AVAILABILITY OF FUNDS.—Notwithstanding

12 sections 434(b)(2) and 436(b)(3) of such Act, the

13 amount appropriated under paragraph (1) of this

14 subsection—

15 (A) shall remain available for expenditure

16 through fiscal year 2009 solely for the purpose

17 described in section 436(b)(4)(B)(i) of such Act;

18 (B) shall not be used to supplant any Fed19 eral funds paid under part E of title IV of such

20 Act that could be used for that purpose; and

21 (C) shall not be made available to any In22 dian tribe or tribal consortium.

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

24 Act (42 U.S.C. 629) is amended by striking all through ‘‘(b)

25 PURPOSE.—The purpose’’ and inserting the following:
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1 ‘‘SEC. 430. PURPOSE.

2 ‘‘The purpose’’.

3 (e) ANNUAL BUDGET REQUESTS, SUMMARIES, AND

4 EXPENDITURE REPORTS.—

5 (1) IN GENERAL.—Section 432(a)(8) of such Act

6 (42 U.S.C. 629b(a)(8)) is amended—

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

8 (B) by adding at the end the following:

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

10 each year, the State will submit to the Secretary—

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

12 CFS 101–Part II (or any successor forms) that

13 report on planned child and family services ex14 penditures by the agency for the immediately

15 succeeding fiscal year; and

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

17 CFS 101–Part II (or any successor forms) that

18 provide, with respect to the programs authorized

19 under this subpart and subpart 1 and, at State

20 option, other programs included on such forms,

21 for the most recent preceding fiscal year for

22 which reporting of actual expenditures is

23 complete—

24 ‘‘(I) the numbers of families and of

25 children served by the State agency;
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1 ‘‘(II) the population served by the

2 State agency;

3 ‘‘(III) the geographic areas served by

4 the State agency; and

5 ‘‘(IV) the actual expenditures of funds

6 provided to the State agency; and’’.

7 (2) ANNUAL SUBMISSION OF STATE REPORTS TO

8 CONGRESS.—Section 432 of such Act (42 U.S.C.

9 629b) is amended by adding at the end the following:

10 ‘‘(c) ANNUAL SUBMISSION OF STATE REPORTS TO

11 CONGRESS.—The Secretary shall compile the reports re12 quired under subsection (a)(8)(B) and, not later than Sep13 tember 30 of each year, submit such compilation to the

14 Committee on Ways and Means of the House of Representa15 tives and the Committee on Finance of the Senate.’’.

16 (3) EFFECTIVE DATE; INITIAL DEADLINES FOR

17 SUBMISSIONS.—The amendments made by this sub18 section take effect on the date of enactment of this Act.

19 Each State with an approved plan under subpart 1

20 or 2 of part B of title IV of the Social Security Act

21 shall make its initial submission of the forms required

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

23 to the Secretary of Health and Human Services by

24 June 30, 2007, and the Secretary of Health and

25 Human Services shall submit the first compilation re-
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1 quired under section 432(c) of the Social Security Act

2 by September 30, 2007.

3 (f) LIMITATION ON ADMINISTRATIVE COST REIM4 BURSEMENT.—

5 (1) IN GENERAL.—Section 434 of such Act (42

6 U.S.C. 629d) is amended—

7 (A) in subsection (a), by inserting ‘‘, subject

8 to subsection (d),’’ after ‘‘shall’’; and

9 (B) by adding at the end the following:

10 ‘‘(d) LIMITATION ON REIMBURSEMENT FOR ADMINIS11 TRATIVE COSTS.—The Secretary shall not make a payment

12 to a State under this section with respect to expenditures

13 for administrative costs during a fiscal year, to the extent

14 that the total amount of the expenditures exceeds 10 percent

15 of the total expenditures of the State during the fiscal year

16 under the State plan approved under section 432.’’.

17 (2) EFFECTIVE DATE.—The amendments made

18 by paragraph (1) shall apply to expenditures made

19 on or after October 1, 2007.

20 SEC. 4. TARGETING OF PROMOTING SAFE AND STABLE FAM21 ILIES PROGRAM RESOURCES.

22 (a) SUPPORT FOR MONTHLY CASEWORKER VISITS.—

23 (1) RESERVATION AND USE OF FUNDS.—Section

24 436(b) of the Social Security Act (42 U.S.C. 629f(b))

25 is amended by adding at the end the following:
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1 ‘‘(4) SUPPORT FOR MONTHLY CASEWORKER VIS2 ITS.—

3 ‘‘(A) RESERVATION.—The Secretary shall

4 reserve for allotment in accordance with section

5 433(e)—

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

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

8 and

9 ‘‘(iii) $20,000,000 for each of fiscal

10 years 2010 and 2011.

11 ‘‘(B) USE OF FUNDS.—

12 ‘‘(i) IN GENERAL.—A State to which

13 an amount is paid from amounts reserved

14 under subparagraph (A) shall use the

15 amount to support monthly caseworker vis16 its with children who are in foster care

17 under the responsibility of the State, with a

18 primary emphasis on activities designed to

19 improve caseworker retention, recruitment,

20 training, and ability to access the benefits

21 of technology.

22 ‘‘(ii) NONSUPPLANTATION.—A State to

23 which an amount is paid from amounts re24 served pursuant to subparagraph (A) shall

25 not use the amount to supplant any Federal
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1 funds paid to the State under part E that

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

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

4 Act (42 U.S.C. 629c) is amended—

5 (A) in subsection (d), by inserting ‘‘sub6 section (a), (b), or (c) of’’ before ‘‘this section’’

7 the 1st and 2nd places it appears; and

8 (B) by adding at the end the following:

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

10 MONTHLY CASEWORKER VISITS.—

11 ‘‘(1) TERRITORIES.—From the amount reserved

12 pursuant to section 436(b)(4)(A) for any fiscal year,

13 the Secretary shall allot to each jurisdiction specified

14 in subsection (b) of this section, that has provided to

15 the Secretary such documentation as may be nec16 essary to verify that the jurisdiction has complied

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

18 an amount determined in the same manner as the al19 lotment to each of such jurisdictions is determined

20 under section 423 (without regard to the initial allot21 ment of $70,000 to each State).

22 ‘‘(2) OTHER STATES.—From the amount re23 served pursuant to section 436(b)(4)(A) for any fiscal

24 year that remains after applying paragraph (1) of

25 this subsection for the fiscal year, the Secretary shall
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1 allot to each State (other than an Indian tribe) not

2 specified in subsection (b) of this section, that has

3 provided to the Secretary such documentation as may

4 be necessary to verify that the State has complied

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

6 an amount equal to such remaining amount multi7 plied by the food stamp percentage of the State (as de8 fined in subsection (c)(2) of this section) for the fiscal

9 year, except that in applying subsection (c)(2)(A) of

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

11 ‘such paragraph (1)’.’’.

12 (3) PAYMENTS TO STATES.—Section 434(a) of

13 such Act (42 U.S.C. 629d(a)), as amended by section

14 3(f)(1) of this Act, is amended by striking ‘‘the lesser

15 of—’’ and all that follows and inserting the following:

16 ‘‘the sum of—

17 ‘‘(1) the lesser of—

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

19 the State for activities under the plan during the

20 fiscal year or the immediately succeeding fiscal

21 year; or

22 ‘‘(B) the allotment of the State under sub23 section (a), (b), or (c) of section 433, whichever

24 is applicable, for the fiscal year; and

25 ‘‘(2) the lesser of—
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1 ‘‘(A) 75 percent of the total expenditures by

2 the State in accordance with section

3 436(b)(4)(B) during the fiscal year or the imme4 diately succeeding fiscal year; or

5 ‘‘(B) the allotment of the State under sec6 tion 433(e) for the fiscal year.’’.

7 (b) SUPPORT FOR TARGETED GRANTS TO INCREASE

8 THE WELL BEING OF, AND TO IMPROVE THE PERMANENCY

9 OUTCOMES FOR, CHILDREN AFFECTED BY METHAMPHET10 AMINE OR OTHER SUBSTANCE ABUSE.—

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

12 such Act (42 U.S.C. 629f(b)), as amended by sub13 section (a)(1) of this section, is amended by adding

14 at the end the following:

15 ‘‘(5) REGIONAL PARTNERSHIP GRANTS.—The

16 Secretary shall reserve for awarding grants under sec17 tion 437(f)—

18 ‘‘(A) $40,000,000 for fiscal year 2007;

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

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

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

22 2010 and 2011.’’.

23 (2) TARGETED GRANTS.—
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1 (A) IN GENERAL.—Section 437 of such Act

2 (42 U.S.C. 629g) is amended by adding at the

3 end the following:

4 ‘‘(f) TARGETED GRANTS TO INCREASE THE WELL

5 BEING OF, AND TO IMPROVE THE PERMANENCY OUTCOMES

6 FOR, CHILDREN AFFECTED BY METHAMPHETAMINE OR

7 OTHER SUBSTANCE ABUSE.—

8 ‘‘(1) PURPOSE.—The purpose of this subsection

9 is to authorize the Secretary to make competitive

10 grants to regional partnerships to provide, through

11 interagency collaboration and integration of pro12 grams and services, services and activities that are

13 designed to increase the well-being of, improve perma14 nency outcomes for, and enhance the safety of children

15 who are in an out-of-home placement or are at risk

16 of being placed in an out-of-home placement as a re17 sult of a parent’s or caretaker’s methamphetamine or

18 other substance abuse.

19 ‘‘(2) REGIONAL PARTNERSHIP DEFINED.—

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

21 term ‘regional partnership’ means a collabo22 rative agreement (which may be established on

23 an interstate or intrastate basis) entered into by

24 at least 2 of the following:
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1 ‘‘(i) The State child welfare agency

2 that is responsible for the administration of

3 the State plan under this part and part E.

4 ‘‘(ii) The State agency responsible for

5 administering the substance abuse preven6 tion and treatment block grant provided

7 under subpart II of part B of title XIX of

8 the Public Health Service Act.

9 ‘‘(iii) An Indian tribe or tribal consor10 tium.

11 ‘‘(iv) Nonprofit child welfare service

12 providers.

13 ‘‘(v) For-profit child welfare service

14 providers.

15 ‘‘(vi) Community health service pro16 viders.

17 ‘‘(vii) Community mental health pro18 viders.

19 ‘‘(viii) Local law enforcement agencies.

20 ‘‘(ix) Judges and court personnel.

21 ‘‘(x) Juvenile justice officials.

22 ‘‘(xi) School personnel.

23 ‘‘(xii) Tribal child welfare agencies (or

24 a consortia of such agencies).
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1 ‘‘(xiii) Any other providers, agencies,

2 personnel, officials, or entities that are re3 lated to the provision of child and family

4 services under this subpart.

5 ‘‘(B) REQUIREMENTS.—

6 ‘‘(i) STATE CHILD WELFARE AGENCY

7 PARTNER.—Subject to clause (ii)(I), a re8 gional partnership entered into for purposes

9 of this subsection shall include the State

10 child welfare agency that is responsible for

11 the administration of the State plan under

12 this part and part E as 1 of the partners.

13 ‘‘(ii) REGIONAL PARTNERSHIPS EN14 TERED INTO BY INDIAN TRIBES OR TRIBAL

15 CONSORTIA.—If an Indian tribe or tribal

16 consortium enters into a regional partner17 ship for purposes of this subsection, the In18 dian tribe or tribal consortium—

19 ‘‘(I) may (but is not required to)

20 include such State child welfare agency

21 as a partner in the collaborative agree22 ment; and

23 ‘‘(II) may not enter into a col24 laborative agreement only with tribal
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1 child welfare agencies (or a consortium

2 of such agencies).

3 ‘‘(iii) NO STATE AGENCY ONLY PART4 NERSHIPS.—If a State agency described in

5 clause (i) or (ii) of subparagraph (A) enters

6 into a regional partnership for purposes of

7 this subsection, the State agency may not

8 enter into a collaborative agreement only

9 with the other State agency described in

10 such clause (i) or (ii).

11 ‘‘(3) AUTHORITY TO AWARD GRANTS.—

12 ‘‘(A) IN GENERAL.—In addition to amounts

13 authorized to be appropriated to carry out this

14 section, the Secretary shall award grants under

15 this subsection, from the amounts reserved for

16 each of fiscal years 2007 through 2011 under sec17 tion 436(b)(5), to regional partnerships that sat18 isfy the requirements of this subsection, in

19 amounts that are not less than $500,000 and not

20 more than $1,000,000 per grant per fiscal year.

21 ‘‘(B) REQUIRED MINIMUM PERIOD OF AP22 PROVAL.—A grant shall be awarded under this

23 subsection for a period of not less than 2, and

24 not more than 5, fiscal years.
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1 ‘‘(4) APPLICATION REQUIREMENTS.—To be eligi2 ble for a grant under this subsection, a regional part3 nership shall submit to the Secretary a written appli4 cation containing the following:

5 ‘‘(A) Recent evidence demonstrating that

6 methamphetamine or other substance abuse has

7 had a substantial impact on the number of out8 of-home placements for children, or the number

9 of children who are at risk of being placed in an

10 out-of-home placement, in the partnership re11 gion.

12 ‘‘(B) A description of the goals and out13 comes to be achieved during the funding period

14 for the grant that will—

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

16 receiving services or taking part in activi17 ties conducted with funds provided under

18 the grant;

19 ‘‘(ii) lead to safety and permanence for

20 such children; and

21 ‘‘(iii) decrease the number of out-of22 home placements for children, or the num23 ber of children who are at risk of being

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

25 partnership region.
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1 ‘‘(C) A description of the joint activities to

2 be funded in whole or in part with the funds

3 provided under the grant, including the sequenc4 ing of the activities proposed to be conducted

5 under the funding period for the grant.

6 ‘‘(D) A description of the strategies for inte7 grating programs and services determined to be

8 appropriate for the child and where appropriate,

9 the child’s family.

10 ‘‘(E) A description of the strategies for—

11 ‘‘(i) collaborating with the State child

12 welfare agency described in paragraph

13 (2)(A)(i) (unless that agency is the lead ap14 plicant for the regional partnership); and

15 ‘‘(ii) consulting, as appropriate,

16 with—

17 ‘‘(I) the State agency described in

18 paragraph (2)(A)(ii); and

19 ‘‘(II) the State law enforcement

20 and judicial agencies.

21 To the extent the Secretary determines that the

22 requirement of this subparagraph would be inap23 propriate to apply to a regional partnership that

24 includes an Indian tribe, tribal consortium, or a

25 tribal child welfare agency or a consortium of
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1 such agencies, the Secretary may exempt the re2 gional partnership from the requirement.

3 ‘‘(F) Such other information as the Sec4 retary may require.

5 ‘‘(5) USE OF FUNDS.—Funds made available

6 under a grant made under this subsection shall only

7 be used for services or activities that are consistent

8 with the purpose of this subsection and may include

9 the following:

10 ‘‘(A) Family-based comprehensive long-term

11 substance abuse treatment services.

12 ‘‘(B) Early intervention and preventative

13 services.

14 ‘‘(C) Children and family counseling.

15 ‘‘(D) Mental health services.

16 ‘‘(E) Parenting skills training.

17 ‘‘(F) Replication of successful models for

18 providing family-based comprehensive long-term

19 substance abuse treatment services.

20 ‘‘(6) MATCHING REQUIREMENT.—

21 ‘‘(A) FEDERAL SHARE.—A grant awarded

22 under this subsection shall be available to pay a

23 percentage share of the costs of services provided

24 or activities conducted under such grant, not to

25 exceed—
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1 ‘‘(i) 85 percent for the first and second

2 fiscal years for which the grant is awarded

3 to a recipient;

4 ‘‘(ii) 80 percent for the third and

5 fourth such fiscal years; and

6 ‘‘(iii) 75 percent for the fifth such fis7 cal year.

8 ‘‘(B) NON-FEDERAL SHARE.—The non-Fed9 eral share of the cost of services provided or ac10 tivities conducted under a grant awarded under

11 this subsection may be in cash or in kind. In de12 termining the amount of the non-Federal share,

13 the Secretary may attribute fair market value to

14 goods, services, and facilities contributed from

15 non-Federal sources.

16 ‘‘(7) CONSIDERATIONS IN AWARDING GRANTS.—

17 In awarding grants under this subsection, the Sec18 retary shall—

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

20 which applicant regional partnerships—

21 ‘‘(i) demonstrate that methamphet22 amine or other substance abuse by parents

23 or caretakers has had a substantial impact

24 on the number of out-of-home placements for

25 children, or the number of children who are
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1 at risk of being placed in an out-of-home

2 placement, in the partnership region;

3 ‘‘(ii) have limited resources for ad4 dressing the needs of children affected by

5 such abuse;

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

7 access to, comprehensive family treatment

8 services; and

9 ‘‘(iv) demonstrate a plan for sus10 taining the services provided by or activities

11 funded under the grant after the conclusion

12 of the grant period; and

13 ‘‘(B) after taking such factors into consider14 ation, give greater weight to awarding grants to

15 regional partnerships that propose to address

16 methamphetamine abuse and addiction in the

17 partnership region (alone or in combination

18 with other drug abuse and addiction) and which

19 demonstrate that methamphetamine abuse and

20 addiction (alone or in combination with other

21 drug abuse and addiction) is adversely affecting

22 child welfare in the partnership region.

23 ‘‘(8) PERFORMANCE INDICATORS.—

24 ‘‘(A) IN GENERAL.—Not later than 9

25 months after the date of enactment of this sub-
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1 section, the Secretary shall establish indicators

2 that will be used to assess periodically the per3 formance of the grant recipients under this sub4 section in using funds made available under

5 such grants to achieve the purpose of this sub6 section.

7 ‘‘(B) CONSULTATION REQUIRED.—In estab8 lishing the performance indicators required by

9 subparagraph (A), the Secretary shall consult

10 with the following:

11 ‘‘(i) The Assistant Secretary for the

12 Administration for Children and Families.

13 ‘‘(ii) The Administrator of the Sub14 stance Abuse and Mental Health Services

15 Administration.

16 ‘‘(iii) Representatives of States in

17 which a State agency described in clause (i)

18 or (ii) of paragraph (2)(A) is a member of

19 a regional partnership that is a grant re20 cipient under this subsection.

21 ‘‘(iv) Representatives of Indian tribes,

22 tribal consortia, or tribal child welfare

23 agencies that are members of a regional

24 partnership that is a grant recipient under

25 this subsection.
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1 ‘‘(9) REPORTS.—

2 ‘‘(A) GRANTEE REPORTS.—

3 ‘‘(i) ANNUAL REPORT.—Not later than

4 September 30 of the first fiscal year in

5 which a recipient of a grant under this sub6 section is paid funds under the grant, and

7 annually thereafter until September 30 of

8 the last fiscal year in which the recipient is

9 paid funds under the grant, the recipient

10 shall submit to the Secretary a report on

11 the services provided or activities carried

12 out during that fiscal year with such funds.

13 The report shall contain such information

14 as the Secretary determines is necessary to

15 provide an accurate description of the serv16 ices provided or activities conducted with

17 such funds.

18 ‘‘(ii) INCORPORATION OF INFORMATION

19 RELATED TO PERFORMANCE INDICATORS.—

20 Each recipient of a grant under this sub21 section shall incorporate into the first an22 nual report required by clause (i) that is

23 submitted after the establishment of per24 formance indicators under paragraph (8),
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1 information required in relation to such in2 dicators.

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

4 of the reports submitted under subparagraph (A),

5 the Secretary annually shall submit to the Com6 mittee on Ways and Means of the House of Rep7 resentatives and the Committee on Finance of the

8 Senate a report on—

9 ‘‘(i) the services provided and activities

10 conducted with funds provided under grants

11 awarded under this subsection;

12 ‘‘(ii) the performance indicators estab13 lished under paragraph (8); and

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

15 in addressing the needs of families with

16 methamphetamine or other substance abuse

17 problems who come to the attention of the

18 child welfare system and in achieving the

19 goals of child safety, permanence, and fam20 ily stability.’’.

21 (B) CONFORMING AMENDMENTS.—Section

22 437 of such Act (42 U.S.C. 629g) is amended—

23 (i) in the section heading, by inserting

24 ‘‘AND TARGETED’’ after ‘‘DISCRE25 TIONARY’’; and
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1 (ii) in subsection (e), by striking ‘‘this

2 section’’ and inserting ‘‘subsection (a)’’.

3 (c) EVALUATION, RESEARCH, AND TECHNICAL ASSIST4 ANCE WITH RESPECT TO TARGETED PROGRAM RE5 SOURCES.—Section 435(c) of such Act (42 U.S.C. 629e(c))

6 is amended to read as follows :

7 ‘‘(c) EVALUATION, RESEARCH, AND TECHNICAL AS8 SISTANCE WITH RESPECT TO TARGETED PROGRAM RE9 SOURCES.—Of the amount reserved under section 436(b)(1)

10 for a fiscal year, the Secretary shall use not less than—

11 ‘‘(1) $1,000,000 for evaluations, research, and

12 providing technical assistance with respect to sup13 porting monthly caseworker visits with children who

14 are in foster care under the responsibility of the State,

15 in accordance with section 436(b)(4)(B)(i); and

16 ‘‘(2) $1,000,000 for evaluations, research, and

17 providing technical assistance with respect to grants

18 under section 437(f).’’.

19 SEC. 5. ALLOTMENTS AND GRANTS TO INDIAN TRIBES.

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

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

22 the Social Security Act (42 U.S.C. 629f(b)(3)) is

23 amended by striking ‘‘1’’ and inserting ‘‘3’’.
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1 (2) DISCRETIONARY GRANTS.—Section 437(b)(3)

2 of such Act (42 U.S.C. 629g(b)(3)) is amended by

3 striking ‘‘2’’ and inserting ‘‘3’’.

4 (3) EFFECT OF RESERVATION OF FUNDS FOR

5 TARGETED PROGRAM RESOURCES ON AMOUNTS RE6 SERVED FOR INDIAN TRIBES.—Section 436(b)(3) of

7 such Act (42 U.S.C. 629b(b)(3)) is amended by strik8 ing ‘‘The’’ and inserting ‘‘After applying paragraphs

9 (4) and (5) (but before applying paragraphs (1) or

10 (2)), the’’.

11 (b) AUTHORITY FOR TRIBAL CONSORTIA TO RECEIVE

12 ALLOTMENTS.—

13 (1) ALLOTMENT OF MANDATORY FUNDS.—

14 (A) IN GENERAL.—Section 433(a) of such

15 Act (42 U.S.C. 629c(a)) is amended—

16 (i) in the subsection heading, by insert17 ing ‘‘OR TRIBAL CONSORTIA’’ after

18 ‘‘TRIBES’’; and

19 (ii) by adding at the end the following

20 new sentence: ‘‘If a consortium of Indian

21 tribes submits a plan approved under this

22 subpart, the Secretary shall allot to the con23 sortium an amount equal to the sum of the

24 allotments determined for each Indian tribe

25 that is part of the consortium.’’.
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1 (B) CONFORMING AMENDMENT.—Section

2 436(b)(3) of such Act (42 U.S.C. 629f(b)(3)) is

3 amended—

4 (i) in the paragraph heading, by in5 serting ‘‘OR TRIBAL CONSORTIA’’ after

6 ‘‘TRIBES’’; and

7 (ii) by inserting ‘‘or tribal consortia’’

8 after ‘‘Indian tribes’’.

9 (2) ALLOTMENT OF ANY DISCRETIONARY

10 FUNDS.—Section 437 of such Act (42 U.S.C. 629g) is

11 amended—

12 (A) in subsection (b)(3)—

13 (i) in the paragraph heading, by in14 serting ‘‘OR TRIBAL CONSORTIA’’ after

15 ‘‘TRIBES’’; and

16 (ii) by inserting ‘‘or tribal consortia’’

17 after ‘‘Indian tribes’’; and

18 (B) in subsection (c)(1)—

19 (i) in the paragraph heading, by in20 serting ‘‘OR TRIBAL CONSORTIA’’ after

21 ‘‘TRIBES’’; and

22 (ii) by adding at the end the following

23 new sentence: ‘‘If a consortium of Indian

24 tribes applies and is approved for a grant

25 under this section, the Secretary shall allot
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1 to the consortium an amount equal to the

2 sum of the allotments determined for each

3 Indian tribe that is part of the consor4 tium.’’.

5 (3) ADDITIONAL CONFORMING AMENDMENTS.—

6 (A) PLANS OF INDIAN TRIBES.—Section

7 432(b)(2) of such Act (42 U.S.C. 629b(b)(2)) is

8 amended—

9 (i) in the paragraph heading, by in10 serting ‘‘OR TRIBAL CONSORTIA’’ after

11 ‘‘TRIBES’’;

12 (ii) in subparagraph (A), by inserting

13 ‘‘or tribal consortium’’ after ‘‘Indian tribe’’

14 each place it appears; and

15 (iii) in subparagraph (B)—

16 (I) by inserting ‘‘or tribal consor17 tium’’ after ‘‘Indian tribe’’; and

18 (II) by inserting ‘‘and tribal con19 sortia’’ after ‘‘Indian tribes’’.

20 (B) DIRECT PAYMENTS TO TRIBAL ORGANI21 ZATIONS.—Section 434(c) of such Act (42 U.S.C.

22 629d(c)) is amended—

23 (i) in the subsection heading, by insert24 ing ‘‘OR TRIBAL CONSORTIA’’ after

25 ‘‘TRIBES’’; and
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1 (ii) by inserting ‘‘or tribal consor2 tium’’ after ‘‘Indian tribe’’ the first place it

3 appears; and

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

5 payment to a tribal consortium, such tribal

6 organizations of, or entity established by,

7 the Indian tribes that are part of the con8 sortium as the consortium shall designate’’

9 before the period.

10 (C) EVALUATIONS; RESEARCH; TECHNICAL

11 ASSISTANCE.—Section 435(d) of such Act (42

12 U.S.C. 629e(d)) is amended in the matter pre13 ceding paragraph (1), by inserting ‘‘or tribal

14 consortia’’ after ‘‘Indian tribes’’.

15 (c) COLLECTION OF DATA ON TRIBAL PROMOTING

16 SAFE AND STABLE FAMILIES PLANS.—Section

17 432(b)(2)(A) of such Act (42 U.S.C. 629b(b)(2)(A)), as

18 amended by subsection (b)(3)(A)(ii) of this section, is

19 amended by striking ‘‘any requirement of this section that

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

21 of subsection (a)(4) of this section to the extent that the Sec22 retary determines those requirements’’.
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1 SEC. 6. IMPROVEMENTS TO THE CHILD WELFARE SERVICES

2 PROGRAM.

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

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

5 striking sections 420 and 425 and inserting after section

6 424 the following:

7 ‘‘LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS

8 ‘‘SEC. 425. To carry out this subpart, there are author9 ized to be appropriated to the Secretary not more than

10 $325,000,000 for each of fiscal years 2007 through 2011.’’.

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

12 amended—

13 (1) by striking section 424;

14 (2) by redesignating sections 421 and 423 as sec15 tions 423 and 424, respectively, and by transferring

16 section 423 (as so redesignated) so that it appears

17 after section 422; and

18 (3) by inserting after the subpart heading the

19 following:

20 ‘‘PURPOSE

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

22 State flexibility in the development and expansion of a co23 ordinated child and family services program that utilizes

24 community-based agencies and ensures all children are

25 raised in safe, loving families, by—
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1 ‘‘(1) protecting and promoting the welfare of all

2 children;

3 ‘‘(2) preventing the neglect, abuse, or exploi4 tation of children;

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

6 which allow children, where appropriate, to remain

7 safely with their families or return to their families

8 in a timely manner;

9 ‘‘(4) promoting the safety, permanence, and well10 being of children in foster care and adoptive families;

11 and

12 ‘‘(5) providing training, professional develop13 ment and support to ensure a well-qualified child wel14 fare workforce.’’.

15 (c) MODIFICATION OF STATE PLAN REQUIREMENTS.—

16 Section 422 of such Act (42 U.S.C. 622) is amended—

17 (1) in subsection (b)—

18 (A) by striking paragraphs (3) through (5)

19 and inserting the following:

20 ‘‘(3) include a description of the services and ac21 tivities which the State will fund under the State pro22 gram carried out pursuant to this subpart, and how

23 the services and activities will achieve the purpose of

24 this subpart;’’;
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1 (B) by striking paragraph (6) and inserting

2 after paragraph (3) (as added by subparagraph

3 (A) of this paragraph) the following:

4 ‘‘(4) contain a description of—

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

6 child welfare services statewide and to expand

7 and strengthen the range of existing services and

8 develop and implement services to improve child

9 outcomes; and

10 ‘‘(B) the child welfare services staff develop11 ment and training plans of the State;’’;

12 (C) by redesignating paragraphs (7)

13 through (9) as paragraphs (5) through (7), re14 spectively;

15 (D) in paragraph (10)—

16 (i) by striking subparagraph (A);

17 (ii) in subparagraph (B)(iii)(II), by

18 inserting ‘‘, which may include a residen19 tial educational program’’ after ‘‘in some

20 other planned, permanent living arrange21 ment’’;

22 (iii) by redesignating subparagraph

23 (B) as subparagraph (A); and
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1 (iv) by striking subparagraph (C) and

2 inserting after subparagraph (A) the fol3 lowing:

4 ‘‘(B) has in effect policies and administra5 tive and judicial procedures for children aban6 doned at or shortly after birth (including policies

7 and procedures providing for legal representation

8 of the children) which enable permanent deci9 sions to be made expeditiously with respect to the

10 placement of the children;’’;

11 (E) in paragraph (14), by striking ‘‘and’’

12 at the end;

13 (F) in paragraph (15), by striking the pe14 riod and inserting a semicolon;

15 (G) by redesignating paragraphs (10)

16 through (15) as paragraphs (8) through (13), re17 spectively; and

18 (H) by adding at the end the following:

19 ‘‘(14) not later than October 1, 2007, include as20 surances that not more than 10 percent of the expend21 itures of the State with respect to activities funded

22 from amounts provided under this subpart will be for

23 administrative costs;
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1 ‘‘(15) describe how the State actively consults

2 with and involves physicians or other appropriate

3 medical professionals in—

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

5 children in foster care under the responsibility of

6 the State; and

7 ‘‘(B) determining appropriate medical

8 treatment for the children; and

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

10 the date of the enactment of this paragraph, the State

11 shall have in place procedures providing for how the

12 State programs assisted under this subpart, subpart

13 2 of this part, or part E would respond to a disaster,

14 in accordance with criteria established by the Sec15 retary which should include how a State would—

16 ‘‘(A) identify, locate, and continue avail17 ability of services for children under State care

18 or supervision who are displaced or adversely af19 fected by a disaster;

20 ‘‘(B) respond, as appropriate, to new child

21 welfare cases in areas adversely affected by a dis22 aster, and provide services in those cases;

23 ‘‘(C) remain in communication with case24 workers and other essential child welfare per25 sonnel who are displaced because of a disaster;
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1 ‘‘(D) preserve essential program records;

2 and

3 ‘‘(E) coordinate services and share informa4 tion with other States.’’; and

5 (2) by adding at the end the following:

6 ‘‘(c) DEFINITIONS.—In this subpart:

7 ‘‘(1) ADMINISTRATIVE COSTS.—The term ‘admin8 istrative costs’ means costs for the following, but only

9 to the extent incurred in administering the State plan

10 developed pursuant to this subpart: procurement, pay11 roll management, personnel functions (other than the

12 portion of the salaries of supervisors attributable to

13 time spent directly supervising the provision of serv14 ices by caseworkers), management, maintenance and

15 operation of space and property, data processing and

16 computer services, accounting, budgeting, auditing,

17 and travel expenses (except those related to the provi18 sion of services by caseworkers or the oversight of pro19 grams funded under this subpart).

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

21 terms used in this part, see section 475.’’.

22 (d) PROVISIONS RELATING TO STATE ALLOTMENTS.—

23 Section 423 of such Act, as so redesignated by subsection

24 (b)(2) of this section, is amended—

25 (1) in subsection (a)—
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1 (A) by inserting ‘‘IN GENERAL.—’’ after

2 ‘‘(a)’’; and

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

4 and

5 (2) in subsection (b), by inserting ‘‘DETERMINA6 TION OF STATE ALLOTMENT PERCENTAGES.—’’ after

7 ‘‘(b)’’;

8 (3) in subsection (c), by inserting ‘‘PROMULGA9 TION OF STATE ALLOTMENT PERCENTAGES.—’’ after

10 ‘‘(c)’’;

11 (4) in subsection (d)—

12 (A) by inserting ‘‘UNITED STATES DE13 FINED.—’’ after ‘‘(d)’’; and

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

15 and

16 (5) by adding at the end the following:

17 ‘‘(e) REALLOTMENT OF FUNDS.—

18 ‘‘(1) IN GENERAL.—The amount of any allot19 ment to a State for a fiscal year under the preceding

20 provisions of this section which the State certifies to

21 the Secretary will not be required for carrying out the

22 State plan developed as provided in section 422 shall

23 be available for reallotment from time to time, on

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

25 which the Secretary determines—
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1 ‘‘(A) need sums in excess of the amounts al2 lotted to such other States under the preceding

3 provisions of this section, in carrying out their

4 State plans so developed; and

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

6 during the fiscal year.

7 ‘‘(2) CONSIDERATIONS.—The Secretary shall

8 make the reallotments on the basis of the State plans

9 so developed, after taking into consideration—

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

11 ‘‘(B) the per capita income of each of such

12 other States as compared with the population

13 under 21 years of age; and

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

15 States with respect to which such a determina16 tion by the Secretary has been made.

17 ‘‘(3) AMOUNTS REALLOTTED TO A STATE

18 DEEMED PART OF STATE ALLOTMENT.—Any amount

19 so reallotted to a State is deemed part of the allot20 ment of the State under this section.’’.

21 (e) PAYMENTS TO STATES; LIMITATIONS ON USE OF

22 FUNDS.—

23 (1) LIMITATIONS RELATED TO STATE EXPENDI24 TURES FOR CHILD CARE, FOSTER CARE MAINTENANCE

25 PAYMENTS, AND ADOPTION ASSISTANCE PAYMENTS.—
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1 Section 424 of such Act, as so redesignated by sub2 section (b)(2) of this section, is amended by striking

3 subsections (c) and (d) and inserting the following:

4 ‘‘(c) LIMITATION ON USE OF FEDERAL FUNDS FOR

5 CHILD CARE, FOSTER CARE MAINTENANCE PAYMENTS, OR

6 ADOPTION ASSISTANCE PAYMENTS.—The total amount of

7 Federal payments under this subpart for a fiscal year be8 ginning after September 30, 2007, that may be used by a

9 State for expenditures for child care, foster care mainte10 nance payments, or adoption assistance payments shall not

11 exceed the total amount of such payments for fiscal year

12 2005 that were so used by the State.

13 ‘‘(d) LIMITATION ON USE BY STATES OF NON-FED14 ERAL FUNDS FOR FOSTER CARE MAINTENANCE PAYMENTS

15 TO MATCH FEDERAL FUNDS.—For any fiscal year begin16 ning after September 30, 2007, State expenditures of non17 Federal funds for foster care maintenance payments shall

18 not be considered to be expenditures under the State plan

19 developed under this subpart for the fiscal year to the extent

20 that the total of such expenditures for the fiscal year exceeds

21 the total of such expenditures under the State plan devel22 oped under this subpart for fiscal year 2005.’’.

23 (2) LIMITATION ON ADMINISTRATIVE COST REIM24 BURSEMENT.—
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1 (A) IN GENERAL.—Section 424 of such Act

2 (42 U.S.C. 623), as so redesignated by subsection

3 (b)(2) of this section, is amended by adding at

4 the end the following:

5 ‘‘(e) LIMITATION ON REIMBURSEMENT FOR ADMINIS6 TRATIVE COSTS.—A payment may not be made to a State

7 under this section with respect to expenditures during a fis8 cal year for administrative costs, to the extent that the total

9 amount of the expenditures exceeds 10 percent of the total

10 expenditures of the State during the fiscal year for activities

11 funded from amounts provided under this subpart.’’.

12 (B) EFFECTIVE DATE.—The amendment

13 made by subparagraph (A) shall apply to ex14 penditures made on or after October 1, 2007.

15 (f) CONFORMING AMENDMENTS.—

16 (1) Section 428(b) of such Act (42 U.S.C. 628(b))

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

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

19 amended—

20 (A)(i) by striking the following:

21 ‘‘CHILD WELFARE TRAINEESHIPS

22 ‘‘SEC. 429. The Secretary’’; and

23 (ii) inserting the following:

24 ‘‘(c) CHILD WELFARE TRAINEESHIPS.—The Sec25 retary’’; and
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1 (B) by transferring the provision to the end

2 of section 426 (as amended by section 11(b) of

3 this Act).

4 (3) Section 429A of such Act (42 U.S.C. 628b)

5 is redesignated as section 429.

6 (4) Section 433(b) of such Act (42 U.S.C.

7 629c(b)) is amended by striking ‘‘421’’ and inserting

8 ‘‘423’’.

9 (5) Section 437(c)(2) of such Act (42 U.S.C.

10 629g(c)(2)) is amended by striking ‘‘421’’ and insert11 ing ‘‘423’’.

12 (6) Section 472(d) of such Act (42 U.S.C.

13 672(d)) is amended by striking ‘‘422(b)(10)’’ and in14 serting ‘‘422(b)(8)’’.

15 (7) Section 473A(f) of such Act (42 U.S.C.

16 673b(f)) is amended by striking ‘‘423’’ and inserting

17 ‘‘424’’.

18 (8) Section 1130(b)(1) of such Act (42 U.S.C.

19 1320a–9(b)(1)) is amended to read as follows:.

20 ‘‘(1) any provision of section 422(b)(8), or sec21 tion 479; or’’.

22 (9) Section 104(b)(3) of the Intercountry Adop23 tion Act of 2000 (42 U.S.C. 14914(b)(3)) is amended

24 by striking ‘‘422(b)(14) of the Social Security Act, as
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1 amended by section 205 of this Act’’ and inserting

2 ‘‘422(b)(12) of the Social Security Act’’.

3 SEC. 7. MONTHLY CASEWORKER STANDARD.

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

5 the Social Security Act (42 U.S.C. 622(b)), as amended by

6 section 6(c) of this Act, is amended—

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

8 (15);

9 (2) by striking the period at the end of para10 graph (16) and inserting ‘‘; and’’; and

11 (3) by adding at the end the following:

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

13 State standards for the content and frequency of case14 worker visits for children who are in foster care under

15 the responsibility of the State, which, at a minimum,

16 ensure that the children are visited on a monthly

17 basis and that the caseworker visits are well-planned

18 and focused on issues pertinent to case planning and

19 service delivery to ensure the safety, permanency, and

20 well-being of the children.’’.

21 (b) ENFORCEMENT.—Section 424 of the Social Secu22 rity Act, as so redesignated by section 6(b)(2) of this Act,

23 is amended by adding at the end the following:

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

25 State under this subpart for a period in fiscal year 2008,
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1 unless the State has provided to the Secretary data which

2 shows, for fiscal year 2007—

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

4 under the responsibility of the State who were visited

5 on a monthly basis by the caseworker handling the

6 case of the child; and

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

8 the residence of the child.

9 ‘‘(2)(A) Based on the data provided by a State pursu10 ant to paragraph (1), the Secretary, in consultation with

11 the State, shall establish, not later than June 30, 2008, an

12 outline of the steps to be taken to ensure, by October 1, 2011,

13 that at least 90 percent of the children in foster care under

14 the responsibility of the State are visited by their case15 workers on a monthly basis, and that the majority of the

16 visits occur in the residence of the child. The outline shall

17 include target percentages to be reached each fiscal year,

18 and should include a description of how the steps will be

19 implemented. The steps may include activities designed to

20 improve caseworker retention, recruitment, training, and

21 ability to access the benefits of technology.

22 ‘‘(B) Beginning October 1, 2008, if the Secretary deter23 mines that a State has not made the requisite progress in

24 meeting the goal described in subparagraph (A) of this

25 paragraph, then the percentage that shall apply for pur-
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1 poses of subsection (a) of this section for the period involved

2 shall be the percentage set forth in such subsection (a) re3 duced by—

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

5 which the State fell short of the target percentage es6 tablished for the State for the period pursuant to such

7 subparagraph is less than 10;

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

9 by which the State fell short, as described in clause

10 (i), is not less than 10 and less than 20; or

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

12 by which the State fell short, as described in clause

13 (i), is not less than 20.’’.

14 (c) REPORTS.—

15 (1) PROGRESS REPORT.—Not later than March

16 31, 2010, the Secretary of Health and Human Serv17 ices shall submit to the Committee on Ways and

18 Means of the House of Representatives and the Com19 mittee on Finance of the Senate a report that outlines

20 the progress made by the States in meeting the stand21 ards referred to in section 422(b)(17) of the Social Se22 curity Act, and offers recommendations developed in

23 consultation with State officials responsible for ad24 ministering child welfare programs and members of

25 the State legislature to assist States in their efforts to
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1 ensure that foster children are visited on a monthly

2 basis.

3 (2) INCLUSION OF INFORMATION ON CASE4 WORKER VISITS IN ANNUAL CHILD WELL-BEING OUT5 COME REPORTS.—Section 479A of such Act (42

6 U.S.C. 679b) is amended—

7 (A) by striking ‘‘and’’ at the end of para8 graph (4);

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

10 paragraph (5) and inserting ‘‘; and’’; and

11 (C) by adding at the end the following:

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

13 paragraph (5) for fiscal year 2007 or any succeeding

14 fiscal year, State-by-State data on—

15 ‘‘(A) the percentage of children in foster

16 care under the responsibility of the State who

17 were visited on a monthly basis by the case18 worker handling the case of the child; and

19 ‘‘(B) the percentage of the visits that oc20 curred in the residence of the child.’’.

21 SEC. 8. REAUTHORIZATION OF PROGRAM FOR MENTORING

22 CHILDREN OF PRISONERS.

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

24 Act (42 U.S.C. 629i) is amended—
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1 (1) in subsection (c), by striking ‘‘2002 through

2 2006’’ and inserting ‘‘2007 through 2011’’; and

3 (2) in subsection (h)—

4 (A) by striking paragraph (1) and inserting

5 the following:

6 ‘‘(1) LIMITATIONS ON AUTHORIZATION OF AP7 PROPRIATIONS.—To carry out this section, there are

8 authorized to be appropriated to the Secretary such

9 sums as may be necessary for fiscal years 2007

10 through 2011.’’; and

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

12 inserting ‘‘4’’.

13 (b) SERVICE DELIVERY DEMONSTRATION PROJECT.—

14 (1) IN GENERAL.—Section 439 of such Act (42

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

16 section, is amended—

17 (A) by redesignating subsections (g) and (h)

18 as subsections (h) and (i), respectively; and

19 (B) by inserting after subsection (f) the fol20 lowing:

21 ‘‘(g) SERVICE DELIVERY DEMONSTRATION

22 PROJECT.—

23 ‘‘(1) PURPOSE; AUTHORITY TO ENTER INTO CO24 OPERATIVE AGREEMENT.—The Secretary shall enter

25 into a cooperative agreement with an eligible entity
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1 that meets the requirements of paragraph (2) for the

2 purpose of requiring the entity to conduct a dem3 onstration project consistent with this subsection

4 under which the entity shall—

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

6 of mentoring services who have not been matched

7 with a mentor by an applicant awarded a grant

8 under this section, with a priority for identi9 fying children who—

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

11 recipient of a grant under this section;

12 ‘‘(ii) reside in an area that has a sub13 stantial number of children of prisoners;

14 ‘‘(iii) reside in a rural area; or

15 ‘‘(iv) are Indians;

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

17 identified with—

18 ‘‘(i) a voucher for mentoring services

19 that meets the requirements of paragraph

20 (5); and

21 ‘‘(ii) a list of the providers of men22 toring services in the area in which the

23 family resides that satisfy the requirements

24 of paragraph (6); and
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1 ‘‘(C) monitor and oversee the delivery of

2 mentoring services by providers that accept the

3 vouchers.

4 ‘‘(2) ELIGIBLE ENTITY.—

5 ‘‘(A) IN GENERAL.—Subject to subpara6 graph (B), an eligible entity under this sub7 section is an organization that the Secretary de8 termines, on a competitive basis—

9 ‘‘(i) has substantial experience—

10 ‘‘(I) in working with organiza11 tions that provide mentoring services

12 for children of prisoners; and

13 ‘‘(II) in developing quality stand14 ards for the identification and assess15 ment of mentoring programs for chil16 dren of prisoners; and

17 ‘‘(ii) submits an application that satis18 fies the requirements of paragraph (3).

19 ‘‘(B) LIMITATION.—An organization that

20 provides mentoring services may not be an eligi21 ble entity for purposes of being awarded a coop22 erative agreement under this subsection.

23 ‘‘(3) APPLICATION REQUIREMENTS.—To be eligi24 ble to be awarded a cooperative agreement under this
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1 subsection, an entity shall submit to the Secretary an

2 application that includes the following:

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

4 entity—

5 ‘‘(i) meets the experience requirements

6 of paragraph (2)(A)(i); and

7 ‘‘(ii) is able to carry out—

8 ‘‘(I) the purposes of this sub9 section identified in paragraph (1);

10 and

11 ‘‘(II) the requirements of the coop12 erative agreement specified in para13 graph (4).

14 ‘‘(B) SERVICE DELIVERY PLAN.—

15 ‘‘(i) DISTRIBUTION REQUIREMENTS.—

16 Subject to clause (iii), a description of the

17 plan of the entity to ensure the distribution

18 of not less than—

19 ‘‘(I) 3,000 vouchers for mentoring

20 services in the first year in which the

21 cooperative agreement is in effect with

22 that entity;

23 ‘‘(II) 8,000 vouchers for men24 toring services in the second year in
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1 which the agreement is in effect with

2 that entity ; and

3 ‘‘(III) 13,000 vouchers for men4 toring services in any subsequent year

5 in which the agreement is in effect

6 with that entity.

7 ‘‘(ii) SATISFACTION OF PRIORITIES.—

8 A description of how the plan will ensure

9 the delivery of mentoring services to chil10 dren identified in accordance with the re11 quirements of paragraph (1)(A).

12 ‘‘(iii) SECRETARIAL AUTHORITY TO

13 MODIFY DISTRIBUTION REQUIREMENT.—The

14 Secretary may modify the number of vouch15 ers specified in subclauses (I) through (III)

16 of clause (i) to take into account the avail17 ability of appropriations and the need to

18 ensure that the vouchers distributed by the

19 entity are for amounts that are adequate to

20 ensure the provision of mentoring services

21 for a 12-month period.

22 ‘‘(C) COLLABORATION AND COOPERATION.—

23 A description of how the entity will ensure col24 laboration and cooperation with other interested

25 parties, including courts and prisons, with re-
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1 spect to the delivery of mentoring services under

2 the demonstration project.

3 ‘‘(D) OTHER.—Any other information that

4 the Secretary may find necessary to demonstrate

5 the capacity of the entity to satisfy the require6 ments of this subsection.

7 ‘‘(4) COOPERATIVE AGREEMENT REQUIRE8 MENTS.—A cooperative agreement awarded under this

9 subsection shall require the eligible entity to do the

10 following:

11 ‘‘(A) IDENTIFY QUALITY STANDARDS FOR

12 PROVIDERS.—To work with the Secretary to

13 identify the quality standards that a provider of

14 mentoring services must meet in order to partici15 pate in the demonstration project and which, at

16 a minimum, shall include criminal records

17 checks for individuals who are prospective men18 tors and shall prohibit approving any individual

19 to be a mentor if the criminal records check of

20 the individual reveals a conviction which would

21 prevent the individual from being approved as a

22 foster or adoptive parent under section

23 471(a)(20)(A).

24 ‘‘(B) IDENTIFY ELIGIBLE PROVIDERS.—To

25 identify and compile a list of those providers of
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1 mentoring services in any of the 50 States or the

2 District of Columbia that meet the quality stand3 ards identified pursuant to subparagraph (A).

4 ‘‘(C) IDENTIFY ELIGIBLE CHILDREN.—To

5 identify children of prisoners who require men6 toring services, consistent with the priorities

7 specified in paragraph (1)(A).

8 ‘‘(D) MONITOR AND OVERSEE DELIVERY OF

9 MENTORING SERVICES.—To satisfy specific re10 quirements of the Secretary for monitoring and

11 overseeing the delivery of mentoring services

12 under the demonstration project, which shall in13 clude a requirement to ensure that providers of

14 mentoring services under the project report data

15 on the children served and the types of men16 toring services provided.

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

18 maintain any records, make any reports, and co19 operate with any reviews and audits that the

20 Secretary determines are necessary to oversee the

21 activities of the entity in carrying out the dem22 onstration project under this subsection.

23 ‘‘(F) EVALUATIONS.—To cooperate fully

24 with any evaluations of the demonstration

25 project, including collecting and monitoring data
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1 and providing the Secretary or the Secretary’s

2 designee with access to records and staff related

3 to the conduct of the project.

4 ‘‘(G) LIMITATION ON ADMINISTRATIVE EX5 PENDITURES.—To ensure that administrative ex6 penditures incurred by the entity in conducting

7 the demonstration project with respect to a fiscal

8 year do not exceed the amount equal to 10 per9 cent of the amount awarded to carry out the

10 project for that year.

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

12 mentoring services provided to the family of a child

13 identified in accordance with paragraph (1)(A) shall

14 meet the following requirements:

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

16 SERVICE PERIOD.—The voucher shall specify the

17 total amount to be paid a provider of mentoring

18 services for providing the child on whose behalf

19 the voucher is issued with mentoring services for

20 a 12-month period.

21 ‘‘(B) PERIODIC PAYMENTS AS SERVICES

22 PROVIDED.—

23 ‘‘(i) IN GENERAL.—The voucher shall

24 specify that it may be redeemed with the el25 igible entity by the provider accepting the
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1 voucher in return for agreeing to provide

2 mentoring services for the child on whose be3 half the voucher is issued.

4 ‘‘(ii) DEMONSTRATION OF THE PROVI5 SION OF SERVICES.—A provider that re6 deems a voucher issued by the eligible entity

7 shall receive periodic payments from the eli8 gible entity during the 12-month period

9 that the voucher is in effect upon dem10 onstration of the provision of significant

11 services and activities related to the provi12 sion of mentoring services to the child on

13 whose behalf the voucher is issued.

14 ‘‘(6) PROVIDER REQUIREMENTS.—In order to

15 participate in the demonstration project, a provider

16 of mentoring services shall—

17 ‘‘(A) meet the quality standards identified

18 by the eligible entity in accordance with para19 graph (1);

20 ‘‘(B) agree to accept a voucher meeting the

21 requirements of paragraph (5) as payment for

22 the provision of mentoring services to a child on

23 whose behalf the voucher is issued;

24 ‘‘(C) demonstrate that the provider has the

25 capacity, and has or will have nonfederal re-
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1 sources, to continue supporting the provision of

2 mentoring services to the child on whose behalf

3 the voucher is issued, as appropriate, after the

4 conclusion of the 12-month period during which

5 the voucher is in effect; and

6 ‘‘(D) if the provider is a recipient of a

7 grant under this section, demonstrate that the

8 provider has exhausted its capacity for providing

9 mentoring services under the grant.

10 ‘‘(7) 3-YEAR PERIOD; OPTION FOR RENEWAL.—

11 ‘‘(A) IN GENERAL.—A cooperative agree12 ment awarded under this subsection shall be ef13 fective for a 3-year period.

14 ‘‘(B) RENEWAL.—The cooperative agree15 ment may be renewed for an additional period,

16 not to exceed 2 years and subject to any condi17 tions that the Secretary may specify that are not

18 inconsistent with the requirements of this sub19 section or subsection (i)(2)(B), if the Secretary

20 determines that the entity has satisfied the re21 quirements of the agreement and evaluations of

22 the service delivery demonstration project dem23 onstrate that the voucher service delivery method

24 is effective in providing mentoring services to

25 children of prisoners.
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1 ‘‘(8) INDEPENDENT EVALUATION AND REPORT.—

2 ‘‘(A) IN GENERAL.—The Secretary shall

3 enter into a contract with an independent, pri4 vate organization to evaluate and prepare a re5 port on the first 2 fiscal years in which the dem6 onstration project is conducted under this sub7 section.

8 ‘‘(B) DEADLINE FOR REPORT.—Not later

9 than 90 days after the end of the second fiscal

10 year in which the demonstration project is con11 ducted under this subsection, the Secretary shall

12 submit the report required under subparagraph

13 (A) to the Committee on Ways and Means of the

14 House of Representatives and the Committee on

15 Finance of the Senate. The report shall

16 include—

17 ‘‘(i) the number of children as of the

18 end of such second fiscal year who received

19 vouchers for mentoring services; and

20 ‘‘(ii) any conclusions regarding the use

21 of vouchers for the delivery of mentoring

22 services for children of prisoners.

23 ‘‘(9) NO EFFECT ON ELIGIBILITY FOR OTHER

24 FEDERAL ASSISTANCE.—A voucher provided to a fam25 ily under the demonstration project conducted under
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1 this subsection shall be disregarded for purposes of de2 termining the eligibility for, or the amount of, any

3 other Federal or federally-supported assistance for the

4 family.’’.

5 (2) CONFORMING AMENDMENTS.—Section 439 of

6 such Act (42 U.S.C. 629i), as amended by subsection

7 (a) of this section and paragraph (1) of this sub8 section, is amended—

9 (A) in subsection (a)—

10 (i) in the subsection heading, by strik11 ing ‘‘PURPOSE’’ and inserting ‘‘PURPOSES’’;

12 and

13 (ii) in paragraph (2)—

14 (I) in the paragraph heading, by

15 striking ‘‘PURPOSE’’ and inserting

16 ‘‘PURPOSES’’;

17 (II) by striking ‘‘The purpose of

18 this section is to authorize the Sec19 retary to make competitive’’ and in20 serting ‘‘The purposes of this section

21 are to authorize the Secretary—

22 ‘‘(A) to make competitive’’;

23 (iii) by striking the period at the end

24 and inserting ‘‘; and’’; and

25 (iv) by adding at the end the following:
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1 ‘‘(B) to enter into on a competitive basis a

2 cooperative agreement to conduct a service deliv3 ery demonstration project in accordance with the

4 requirements of subsection (g).’’;

5 (B) in subsection (c)—

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

7 ‘‘(i)’’; and

8 (ii) by striking ‘‘(h)(2)’’ and inserting

9 ‘‘(i)(2)’’;

10 (C) by amending subsection (h) (as so redes11 ignated by paragraph (1)(A) of this subsection)

12 to read as follows:

13 ‘‘(h) INDEPENDENT EVALUATION; REPORTS.—

14 ‘‘(1) INDEPENDENT EVALUATION.—The Secretary

15 shall conduct by grant, contract, or cooperative agree16 ment an independent evaluation of the programs au17 thorized under this section, including the service de18 livery demonstration project authorized under sub19 section (g).

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

21 the date of enactment of this subsection, the Secretary

22 shall submit a report to the Congress that includes the

23 following:

24 ‘‘(A) The characteristics of the mentoring

25 programs funded under this section.
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1 ‘‘(B) The plan for implementation of the

2 service delivery demonstration project authorized

3 under subsection (g).

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

5 evaluation of the programs authorized under this

6 section that the Secretary is conducting as of

7 that date of enactment and how the evaluation

8 has been expanded to include an evaluation of

9 the demonstration project authorized under sub10 section (g).

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

12 submit a final report on the evaluation to the

13 Congress.’’; and

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

15 (i) in the subsection heading, by strik16 ing ‘‘RESERVATION’’ and inserting ‘‘RES17 ERVATIONS’’; and

18 (ii) in paragraph (2)—

19 (I) by amending the paragraph

20 heading to read as follows: ‘‘RESERVA21 TIONS’’;

22 (II) by striking ‘‘The’’ and insert23 ing the following:

24 ‘‘(A) RESEARCH, TECHNICAL ASSISTANCE,

25 AND EVALUATION.—The’’; and
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1 (III) by adding at the end the fol2 lowing:

3 ‘‘(B) SERVICE DELIVERY DEMONSTRATION

4 PROJECT.—

5 ‘‘(i) IN GENERAL.—Subject to clause

6 (ii), for purposes of awarding a cooperative

7 agreement to conduct the service delivery

8 demonstration project authorized under sub9 section (g), the Secretary shall reserve not

10 more than—

11 ‘‘(I) $5,000,000 of the amount ap12 propriated under paragraph (1) for the

13 first fiscal year in which funds are to

14 be awarded for the agreement;

15 ‘‘(II) $10,000,000 of the amount

16 appropriated under paragraph (1) for

17 the second fiscal year in which funds

18 are to be awarded for the agreement;

19 and

20 ‘‘(III) $15,000,000 of the amount

21 appropriated under paragraph (1) for

22 the third fiscal year in which funds are

23 to be awarded for the agreement.

24 ‘‘(ii) ASSURANCE OF FUNDING FOR

25 GENERAL PROGRAM GRANTS.—With respect
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1 to any fiscal year, no funds may be award2 ed for a cooperative agreement under sub3 section (g), unless at least $25,000,000 of

4 the amount appropriated under paragraph

5 (1) for that fiscal year is used by the Sec6 retary for making grants under this section

7 for that fiscal year.’’.

8 SEC. 9. REAUTHORIZATION OF THE COURT IMPROVEMENT

9 PROGRAM.

10 Section 438 of the Social Security Act (42 U.S.C.

11 629h) is amended in each of subsections (c)(1)(A) and (d)

12 by striking ‘‘2006’’ and inserting ‘‘2011’’.

13 SEC. 10. REQUIREMENT FOR FOSTER CARE PROCEEDING

14 TO INCLUDE, IN AN AGE-APPROPRIATE MAN15 NER, CONSULTATION WITH THE CHILD THAT

16 IS THE SUBJECT OF THE PROCEEDING.

17 Section 475(5)(C) of the Social Security Act (42

18 U.S.C. 675(5)(C)) is amended—

19 (1) by inserting ‘‘(i)’’ after ‘‘with respect to each

20 such child,’’;

21 (2) by striking ‘‘and procedural safeguards shall

22 also’’ and inserting ‘‘(ii) procedural safeguards

23 shall’’; and

24 (3) by inserting ‘‘and (iii) procedural safeguards

25 shall be applied to assure that in any permanency
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1 hearing held with respect to the child, including any

2 hearing regarding the transition of the child from fos3 ter care to independent living, the court or adminis4 trative body conducting the hearing consults, in an

5 age-appropriate manner, with the child regarding the

6 proposed permanency or transition plan for the

7 child;’’ after ‘‘parents;’’.

8 SEC. 11. TECHNICAL AMENDMENTS.

9 (a) UPDATING OF ARCHAIC LANGUAGE.—

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

11 redesignated by section 6(b)(2) of this Act—

12 (A) is amended by striking ‘‘per centum’’

13 and inserting ‘‘percent’’; and

14 (B) by striking ‘‘He’’ and inserting ‘‘The

15 Secretary’’.

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

17 by section 6(b)(2) of this Act, is amended by striking

18 ‘‘per centum’’ and inserting ‘‘percent’’.

19 (b) ELIMINATION OF OBSOLETE PROVISION.—Section

20 426 of such Act (42 U.S.C. 626) is amended by striking

21 subsection (b) and redesignating subsection (c) as subsection

22 (b).

23 (c) TECHNICAL CORRECTION.—Section 431(a)(6) of

24 such Act (42 U.S.C. 629a(a)(6)) is amended by striking

25 ‘‘1986’’ and inserting ‘‘1996’’.
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1 SEC. 12. EFFECTIVE DATES.

2 (a) IN GENERAL.—Except as otherwise provided in

3 this Act, the amendments made by this Act shall take effect

4 on October 1, 2006, and shall apply to payments under

5 parts B and E of title IV of the Social Security Act for

6 calendar quarters beginning on or after such date, without

7 regard to whether regulations to implement the amendments

8 are promulgated by such date.

9 (b) DELAY PERMITTED IF STATE LEGISLATION RE10 QUIRED.—If the Secretary of Health and Human Services

11 determines that State legislation (other than legislation ap12 propriating funds) is required in order for a State plan

13 developed pursuant to subpart 1 of part B, or a State plan

14 approved under subpart 2 of part B or part E, of title IV

15 of the Social Security Act to meet the additional require16 ments imposed by the amendments made by this Act, the

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

18 additional requirements before the 1st day of the 1st cal19 endar quarter beginning after the first regular session of

20 the State legislature that begins after the date of the enact21 ment of this Act. If the State has a 2-year legislative session,

22 each year of the session is deemed to be a separate regular

23 session of the State legislature.

24 (c) AVAILABILITY OF PROMOTING SAFE AND STABLE

25 FAMILIES RESOURCES FOR FISCAL YEAR 2006.—Section
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1 3(c) shall take effect on the date of the enactment of this

2 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