I 

109TH CONGRESS 

2D SESSION S. 3525 

IN THE HOUSE OF REPRESENTATIVES 

JULY 17, 2006 

Referred to the Committee on Ways and Means 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Improving Outcomes for Children Affected by Meth Act 

6 of 2006’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Grants for regional partnerships to increase the well-being of, and improve the permanency outcomes for, children affected by methamphetamine abuse and addiction. 

Sec. 3. Reauthorization of the promoting safe and stable families program. 

Sec. 4. Reauthorization and expansion of mentoring children of prisoners program. 

Sec. 5. Allotments and grants to Indian tribes. 

Sec. 6. Additional State plan amendments. 

Sec. 7. Requirement for foster care proceeding to include, in an age-appropriate 

manner, consultation with the child that is the subject of the 

proceeding. 

Sec. 8. Effective date. 

3 SEC. 2. GRANTS FOR REGIONAL PARTNERSHIPS TO IN4 CREASE THE WELL-BEING OF, AND IMPROVE 

5 THE PERMANENCY OUTCOMES FOR, CHIL6 DREN AFFECTED BY METHAMPHETAMINE 

7 ABUSE AND ADDICTION. 

8 (a) RESERVATION OF FUNDS.—Section 436(b) of the 

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

10 adding at the end the following new paragraph: 

11 ‘‘(4) IMPROVED OUTCOMES FOR CHILDREN AF12 FECTED BY METHAMPHETAMINE ABUSE AND ADDIC13 TION.—With respect to each of fiscal years 2007 

14 through 2011, if the amount appropriated to carry 

15 out this subpart for any such fiscal year is at least 

16 $345,000,000, the Secretary shall reserve 

17 $40,000,000 of the amount appropriated for that 

18 fiscal year for grants under section 440.’’. 


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1 (b) REGIONAL PARTNERSHIP GRANTS.—Subpart 2 

2 of part B of title IV of the Social Security Act (42 U.S.C. 

3 629 et seq.) is amended by adding at the end the following 

4 new section: 

5 ‘‘SEC. 440. GRANTS FOR REGIONAL PARTNERSHIPS TO IN6 CREASE THE WELL-BEING OF, AND IMPROVE 

7 THE PERMANENCY OUTCOMES FOR, CHIL8 DREN AFFECTED BY METHAMPHETAMINE 

9 ABUSE AND ADDICTION. 

10 ‘‘(a) PURPOSE.—The purpose of this section is to au11 thorize the Secretary to make competitive grants to eligi12 ble applicants to provide, through interagency collabora13 tion and integration of programs and services, services and 

14 activities that are designed to increase the well-being of, 

15 improve permanency outcomes for, and enhance the safety 

16 of children who are in an out-of-home placement or are 

17 at risk of being placed in an out-of-home placement as 

18 a result of a parent’s or caretaker’s abuse of 

19 methamphetamines. 

20 ‘‘(b) ELIGIBLE APPLICANTS DEFINED.—In this sec21 tion, the term ‘eligible applicant’ means a regional part22 nership (which may be established on an interstate or 

23 intrastate basis) and that shall include any 2 or more of 

24 the following: 

25 ‘‘(1) Nonprofit child welfare service providers. 


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1 ‘‘(2) For-profit child welfare service providers. 

2 ‘‘(3) Community health service providers. 

3 ‘‘(4) Community mental health providers. 

4 ‘‘(5) Local law enforcement agencies. 

5 ‘‘(6) Judges and court personnel. 

6 ‘‘(7) Juvenile justice officials. 

7 ‘‘(8) School personnel. 

8 ‘‘(9) The State child welfare agency that is re9 sponsible for the administration of the State plan 

10 under this part and part E. 

11 ‘‘(10) The State agency responsible for admin12 istering the substance abuse prevention and treat13 ment block grant provided under subpart II of part 

14 B of title XIX of the Public Health Service Act. 

15 ‘‘(11) Tribal child welfare agencies (or a con16 sortium of such agencies). 

17 ‘‘(12) Any other providers, agencies, personnel, 

18 officials, or entities that are related to the provision 

19 of child and family services under this subpart. 

20 ‘‘(c) PROGRAM AUTHORIZED.— 

21 ‘‘(1) IN GENERAL.—From the amounts (if any) 

22 reserved for each of fiscal years 2007 through 2011 

23 under section 436(b)(4), the Secretary shall award 

24 grants under this section for each such fiscal year 

25 to eligible applicants that satisfy the requirements of 


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1 this section, in amounts that are not less than 

2 $500,000 and not more than $1,000,000 per grant 

3 per fiscal year. 

4 ‘‘(2) REQUIRED MINIMUM PERIOD OF AP5 PROVAL.—An eligible applicant shall be approved to 

6 receive a grant under this section for a period of not 

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

8 ‘‘(d) APPLICATION REQUIREMENTS.—To be eligible 

9 for a grant under this section, an eligible applicant shall 

10 submit to the Secretary a written application containing 

11 the following: 

12 ‘‘(1) Recent evidence that methamphetamine 

13 abuse has increased the number of out-of-home 

14 placements for children, or the number of children 

15 who are at risk of being placed in an out-of-home 

16 placement, in the partnership region. 

17 ‘‘(2) A description of the goals and outcomes to 

18 be achieved during the funding period for the grant 

19 that will enhance the well-being of children receiving 

20 services or taking part in activities conducted with 

21 funds provided under the grant and lead to safety 

22 and permanence for such children. 

23 ‘‘(3) A description of the joint activities to be 

24 funded in whole or in part with the funds provided 

25 under the grant, including the sequencing of the acVerDate Aug 31 2005 00:31 Jul 19, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3525.RFH S3525

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1 tivities proposed to be conducted under the funding 

2 period for the grant. 

3 ‘‘(4) A description of the strategies for inte4 grating programs and services determined to be ap5 propriate for the child and where appropriate, the 

6 child’s family. 

7 ‘‘(5) A description of the strategies for— 

8 ‘‘(A) collaborating with the State agency 

9 responsible for the administration of this part 

10 and part E (unless the lead agency for the re11 gional partnership of the eligible applicant is 

12 such agency); and 

13 ‘‘(B) consulting, as appropriate, with the 

14 State agency responsible for administering sub15 stance abuse treatment and prevention services, 

16 and the State law enforcement and judicial 

17 agencies. 

18 To the extent the Secretary determines that a re19 quirement of this paragraph would be inappropriate 

20 to apply to an eligible applicant that includes a trib21 al child welfare agency or a consortium of such 

22 agencies, the Secretary may exempt the eligible ap23 plicant from satisfying such requirement. 

24 ‘‘(6) Such other information as the Secretary 

25 may require. 


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1 ‘‘(e) USE OF FUNDS.—Funds made available under 

2 a grant made under this section shall only be used for 

3 services or activities that are consistent with the purpose 

4 of this section and may include the following: 

5 ‘‘(1) Family-based comprehensive long-term 

6 drug treatment services. 

7 ‘‘(2) Early intervention and preventative serv8 ices. 

9 ‘‘(3) Children and family counseling. 

10 ‘‘(4) Mental health services. 

11 ‘‘(5) Parenting skills training. 

12 ‘‘(f) MATCHING REQUIREMENT.— 

13 ‘‘(1) FEDERAL SHARE.—A grant awarded 

14 under this section shall be available to pay a per15 centage share of the costs of services provided or ac16 tivities conducted under such grant, not to exceed— 

17 ‘‘(A) 85 percent for the first and second 

18 fiscal years for which the grant is awarded to 

19 an eligible applicant; 

20 ‘‘(B) 80 percent for the third and fourth 

21 such fiscal years; and 

22 ‘‘(C) 75 percent for the fifth such fiscal 

23 year. 

24 ‘‘(2) NON-FEDERAL SHARE.—The non-Federal 

25 share of the cost of services provided or activities 


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1 conducted under a grant awarded under this section 

2 may be in cash or in kind. In determining the 

3 amount of the non-Federal share, the Secretary may 

4 attribute fair market value to goods, services, and 

5 facilities contributed from non-Federal sources. 

6 ‘‘(g) CONSIDERATIONS IN AWARDING AND AMOUNT

7 OF GRANTS.—In awarding grants under this section and 

8 determining the amount of such grants, the Secretary 

9 shall— 

10 ‘‘(1) consider the demonstrated need of an eligi11 ble applicant for assistance; 

12 ‘‘(2) ensure that grants are awarded to a di13 verse number of the eligible applicants described in 

14 subsection (b); and 

15 ‘‘(3) give priority to awarding grants to eligible 

16 applicants located in rural areas that— 

17 ‘‘(A) have been significantly affected by 

18 methamphetamine abuse and addiction by par19 ents or caretakers; 

20 ‘‘(B) have limited resources for addressing 

21 the needs of children affected by such abuse 

22 and addiction; and 

23 ‘‘(C) have a lack of capacity for, or access 

24 to, comprehensive family treatment services. 


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1 ‘‘(h) PERFORMANCE INDICATORS.—Not later than 18 

2 months after the date of enactment of this section, the 

3 Secretary shall establish indicators that will be used to as4 sess periodically the performance of the eligible applicants 

5 awarded grants under this section in using funds made 

6 available under such grants to achieve the purpose of this 

7 section. In establishing such indicators, the Secretary shall 

8 consult with the Assistant Secretary for the Administra9 tion for Children and Families, the Administrator of the 

10 Substance Abuse and Mental Health Services Administra11 tion, the chief executive officers of the States or territories 

12 in which eligible applicants awarded a grant under this 

13 section are located, legislators of such States and terri14 tories, State and local public officials responsible for ad15 ministering child welfare and alcohol and drug abuse pre16 vention and treatment programs in such States and terri17 tories, court staff in such States and territories, con18 sumers of the services or activities in such States and ter19 ritories, advocates for children, parents, and caretakers 

20 who come to the attention of the child welfare system, and 

21 tribal officials of tribal child welfare agencies (or a consor22 tium of such agencies) awarded a grant under this section. 

23 ‘‘(i) REPORTS.— 

24 ‘‘(1) GRANTEE REPORTS.— 


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1 ‘‘(A) ANNUAL REPORT.—Not later than 

2 September 30 of the first fiscal year in which 

3 an eligible applicant receives funds under a 

4 grant awarded under this section, and annually 

5 thereafter until September 30 of the last fiscal 

6 year in which an eligible applicant receives 

7 funds under a grant awarded under this sec8 tion, the eligible applicant shall submit to the 

9 Secretary a report on the activities carried out 

10 during that fiscal year with such funds. The re11 port shall contain such information as the Sec12 retary determines is necessary to provide an ac13 curate description of the activities conducted 

14 with such funds and of any changes in the use 

15 of such funds that are planned for the suc16 ceeding fiscal year. 

17 ‘‘(B) INCORPORATION OF INFORMATION

18 RELATED TO PERFORMANCE INDICATORS.—Not 

19 later than 12 months after the establishment of 

20 performance indicators under subsection (h), 

21 each eligible applicant awarded a grant under 

22 this section shall incorporate into the annual re23 port required under subparagraph (A) informa24 tion required in relation to such indicators. 


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

2 the reports submitted under paragraph (1), the Sec3 retary annually shall submit to the Committee on 

4 Ways and Means of the House of Representatives 

5 and the Committee on Finance of the Senate a re6 port on— 

7 ‘‘(A) the services provided and activities 

8 conducted with funds provided under grants 

9 awarded under this section; 

10 ‘‘(B) the performance indicators estab11 lished under subsection (h); and 

12 ‘‘(C) the progress that has been made in 

13 addressing the needs of families with meth14 amphetamine abuse problems who come to the 

15 attention of the child welfare system and in 

16 achieving the goals of child safety, permanence, 

17 and family stability.’’. 

18 SEC. 3. REAUTHORIZATION OF THE PROMOTING SAFE AND 

19 STABLE FAMILIES PROGRAM. 

20 (a) IN GENERAL.—Section 436(a) of the Social Secu21 rity Act (42 U.S.C. 629f(a)) is amended by striking ‘‘for 

22 fiscal year 2006.’’ and all that follows through the end 

23 of the second sentence and inserting ‘‘for each of fiscal 

24 years 2007 through 2011.’’. 


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1 (b) DISCRETIONARY GRANTS.—Section 437(a) of the 

2 Social Security Act (42 U.S.C. 629g(a)) is amended by 

3 striking ‘‘2002 through 2006’’ and inserting ‘‘2007 

4 through 2011’’. 

5 (c) STATE COURTS ASSESSMENT AND IMPROVEMENT

6 GRANTS.—Subsections (c)(1)(A) and (d) of section 438 

7 of the Social Security Act (42 U.S.C. 629h) are each 

8 amended by striking ‘‘2002 through 2006’’ and inserting 

9 ‘‘2007 through 2011’’. 

10 (d) TECHNICAL CORRECTION OF FUNDING FOR FIS11 CAL YEAR 2006.—Effective February 8, 2006, title II of 

12 the Departments of Labor, Health and Human Services, 

13 and Education, and Related Agencies Appropriations Act, 

14 2006 (Public Law 109–149, 119 Stat. 2833) is amended 

15 under the heading relating to ‘‘PROMOTING SAFE AND STA16 BLE FAMILIES’’ under the heading ‘‘ADMINISTRATION FOR

17 CHILDREN AND FAMILIES’’, by striking ‘‘$305,000,000’’ 

18 and inserting ‘‘$345,000,000’’. 

19 SEC. 4. REAUTHORIZATION AND EXPANSION OF MEN20 TORING CHILDREN OF PRISONERS PRO21 GRAM. 

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

23 Act (42 U.S.C. 629i) is amended— 

24 (1) in the section heading, by striking 

25 ‘‘GRANTS’’ and inserting ‘‘FUNDING’’; 


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1 (2) in subsection (a)— 

2 (A) in the subsection heading, by striking 

3 ‘‘PURPOSE’’ and inserting ‘‘PURPOSES’’; and 

4 (B) in paragraph (2)— 

5 (i) in the paragraph heading, by strik6 ing ‘‘PURPOSE’’ and inserting ‘‘PUR7 POSES’’; 

8 (ii) by striking ‘‘The purpose of this 

9 section is to authorize the Secretary to 

10 make competitive’’ and inserting ‘‘The pur11 poses of this section are to authorize the 

12 Secretary— 

13 ‘‘(A) to make competitive’’; 

14 (iii) by striking the period at the end 

15 and inserting ‘‘; and’’; and 

16 (iv) by adding at the end the following 

17 new subparagraph: 

18 ‘‘(B) to enter into a cooperative agreement 

19 with a national mentoring support organization 

20 to provide greater flexibility nationwide to in21 crease the number of children of prisoners re22 ceiving mentoring services.’’; 

23 (3) in subsection (c)— 

24 (A) by striking ‘‘2002 through 2006’’ and 

25 inserting ‘‘2007 through 2011’’; 


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

2 and 

3 (C) by striking ‘‘(h)(2)’’ and inserting 

4 ‘‘(i)(2)’’; 

5 (4) by redesignating subsections (g) and (h) as 

6 subsections (h) and (i), respectively; 

7 (5) by inserting after subsection (f), the fol8 lowing new subsection: 

9 ‘‘(g) INCREASED ACCESS TO MENTORING SERV10 ICES.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall award, 

12 on a competitive basis, a cooperative agreement with 

13 an eligible entity (as specified in paragraph (2)) for 

14 the purposes of— 

15 ‘‘(A) identifying and approving mentoring 

16 programs in all 50 States and the District of 

17 Columbia that meet certain quality program 

18 standards; 

19 ‘‘(B) organizing outreach activities, includ20 ing making publicly available a list of such ap21 proved programs, to appropriate public and pri22 vate entities described in subsection (d)(2) to 

23 increase awareness of the availability of vouch24 ers for mentoring services among families of 

25 children of prisoners; and 


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1 ‘‘(C) distributing vouchers directly to such 

2 approved programs that have been selected by 

3 families of children of prisoners to provide men4 toring services for their children. 

5 ‘‘(2) ELIGIBLE ENTITY.—For purposes of para6 graph (1), an entity eligible for a cooperative agree7 ment under this subsection shall be a national men8 toring support organization that has substantial ex9 perience— 

10 ‘‘(A) in mentoring and mentoring services 

11 for children; and 

12 ‘‘(B) in developing quality program stand13 ards for the planning and assessment of men14 toring programs for children. 

15 ‘‘(3) APPLICATION REQUIREMENTS.—To be eli16 gible for a cooperative agreement under this sub17 section, an entity shall submit to the Secretary an 

18 application that includes the following: 

19 ‘‘(A) QUALIFICATIONS.—A demonstration 

20 that the entity meets the experience require21 ments of paragraph (2). 

22 ‘‘(B) PLAN DESCRIPTION.—A detailed de23 scription of the proposed voucher distribution 

24 program, which shall— 


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1 ‘‘(i) include the quality program 

2 standards for mentoring developed by the 

3 entity; 

4 ‘‘(ii) describe how the entity will orga5 nize and implement such quality program 

6 standards and distribution program, in7 cluding how the entity plans to ensure 

8 that— 

9 ‘‘(I) children in urban and rural 

10 communities and children with other 

11 geographic, linguistic, or cultural bar12 riers to receipt of mentoring services 

13 will have access to such services; and 

14 ‘‘(II) if the entity usually pro15 vides gender-specific programs or 

16 services, both girls and boys will be 

17 appropriately served by the program; 

18 ‘‘(iii) identify those organizations 

19 known by the entity to comply with such 

20 quality program standards; 

21 ‘‘(iv) describe the strategic plan of the 

22 entity to work with families of prisoners to 

23 develop the list of mentoring programs 

24 that accept vouchers distributed under the 

25 program for mentoring services; and 


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1 ‘‘(v) describe the methods to be used 

2 by the entity to evaluate the program and 

3 the extent to which the program is achiev4 ing the purposes described in paragraph 

5 (1) and subsection (a)(2)(A). 

6 ‘‘(C) CRIMINAL BACKGROUND CHECKS.— 

7 An agreement to include in any quality program 

8 standards for approved mentoring programs the 

9 requirement for criminal background checks for 

10 mentors. 

11 ‘‘(D) RECORDS, REPORTS, AND AUDITS.— 

12 An agreement to maintain such records, make 

13 such reports, and cooperate with such reviews 

14 and audits as the Secretary may find necessary 

15 for purposes of oversight of the cooperative 

16 agreement and expenditures. 

17 ‘‘(E) EVALUATION.—A commitment to co18 operate fully with the Secretary’s ongoing and 

19 final evaluation of the voucher distribution pro20 gram, including providing the Secretary with 

21 access to the program and program-related 

22 records and documents, staff, and the men23 toring programs to which vouchers were distrib24 uted. 


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1 ‘‘(F) OTHER.—Such other information as 

2 the Secretary may find necessary to dem3 onstrate the entity’s capacity to carry out the 

4 cooperative agreement under this subsection. 

5 ‘‘(4) FEDERAL ASSISTANCE ELIGIBILITY.—The 

6 amount of a voucher under this subsection may be 

7 disregarded for purposes of determining the eligi8 bility for, or the amount of, any other Federal or 

9 Federally supported assistance for the recipient fam10 ily.’’; 

11 (6) by amending subsection (h) (as redesignated 

12 by paragraph (4)) to read as follows: 

13 ‘‘(h) EVALUATION; REPORTS.— 

14 ‘‘(1) EVALUATION.—The Secretary shall con15 duct an evaluation of the programs authorized under 

16 this section, including the program for increasing ac17 cess to mentoring services authorized under sub18 section (g). 

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

20 after the date of enactment of the Improving Out21 comes for Children Affected by Meth Act of 2006, 

22 the Secretary shall submit a report to Congress that 

23 includes the following: 

24 ‘‘(A) The characteristics of the mentoring 

25 programs funded under this section. 


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1 ‘‘(B) The plans for implementation of the 

2 cooperative agreement for the program author3 ized under subsection (g). 

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

5 evaluation of the programs authorized under 

6 this section that the Secretary is conducting as 

7 of such date of enactment and how such evalua8 tion has been expanded to include an evaluation 

9 of the program authorized under subsection (g). 

10 ‘‘(D) The date on which the Secretary 

11 shall submit a final report on such evaluation to 

12 Congress.’’; and 

13 (7) in subsection (i) (as so redesignated)— 

14 (A) by striking ‘‘2002 and 2003,’’ and all 

15 that follows through the period and inserting 

16 ‘‘2007 through 2011.’’; and 

17 (B) in paragraph (2)— 

18 (i) by amending the paragraph head19 ing to read as follows: ‘‘RESERVATIONS’’; 

20 (ii) by striking ‘‘The’’ and inserting 

21 the following: 

22 ‘‘(A) RESEARCH, TECHNICAL ASSISTANCE, 

23 AND EVALUATION.—The’’; and 

24 (iii) by adding at the end the fol25 lowing new subparagraph: 


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1 ‘‘(B) INCREASED ACCESS TO MENTORING

2 SERVICES.— 

3 ‘‘(i) IN GENERAL.—Subject to clauses 

4 (ii) and (iii), the Secretary shall reserve 

5 not more than 50 percent of the amount 

6 appropriated for each fiscal year under 

7 paragraph (1) for purposes of carrying out 

8 the program for increasing access to men9 toring services authorized under subsection 

10 (g). 

11 ‘‘(ii) ASSURANCE OF FUNDING FOR

12 GENERAL PROGRAM GRANTS.—With re13 spect to each fiscal year for which amounts 

14 are appropriated to carry out this section, 

15 not less than $25,000,000 of such amounts 

16 (or, if the amount appropriated for a fiscal 

17 year is less than that amount, the amount 

18 appropriated for that fiscal year that re19 mains after applying subparagraph (A)) 

20 shall be used by the Secretary for purposes 

21 of making grants under subsection (c). 

22 ‘‘(iii) CONTINGENT PERCENTAGE RE23 DUCTION.—If the amount appropriated for 

24 a fiscal year is not sufficient for the Sec25 retary to satisfy the requirements of 


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1 clauses (i) and (ii), the Secretary shall re2 duce the percentage described in clause (i) 

3 by such number of percentage points as is 

4 necessary for the Secretary to satisfy the 

5 requirement of clause (ii).’’. 

6 (b) GAO EVALUATION AND REPORT.—Not later than 

7 3 years after the date of enactment of this Act, the Comp8 troller General of the United States shall submit to Con9 gress a report evaluating the implementation and effec10 tiveness of the program for increasing access to mentoring 

11 services authorized under subsection (g) of section 439 of 

12 the Social Security Act (42 U.S.C. 629i) (as added by the 

13 amendments made by subsection (a)). 

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

15 (a) INCREASED RESERVED FUNDING.— 

16 (1) IN GENERAL.—Section 436(b)(3) of the So17 cial Security Act (42 U.S.C. 629f(b)(3)) is amended 

18 by striking ‘‘1’’ and inserting ‘‘3’’. 

19 (2) DISCRETIONARY GRANTS.—Section 

20 437(b)(3) of the Social Security Act (42 U.S.C. 

21 629g(b)(3)) is amended by striking ‘‘2’’ and insert22 ing ‘‘3’’. 

23 (b) AUTHORITY FOR TRIBAL CONSORTIA TO RE24 CEIVE ALLOTMENTS.— 

25 (1) ALLOTMENT OF MANDATORY FUNDS.— 


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1 (A) IN GENERAL.—Section 433(a) of the 

2 Social Security Act (42 U.S.C. 629c(a)) is 

3 amended— 

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

6 ‘‘TRIBES’’; and 

7 (ii) by adding at the end the following 

8 new sentence: ‘‘If a consortium of Indian 

9 tribes submits a plan approved under this 

10 subpart, the Secretary shall allot to the 

11 consortium an amount equal to the sum of 

12 the allotments determined for each Indian 

13 tribe that is part of the consortium.’’. 

14 (B) CONFORMING AMENDMENT.—Section 

15 436(b)(3) of such Act (42 U.S.C. 629f(b)(3)), 

16 as amended by subsection (a)(1), is amended— 

17 (i) in the paragraph heading, by in18 serting ‘‘OR TRIBAL CONSORTIA’’ after 

19 ‘‘TRIBES’’; and 

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

21 after ‘‘Indian tribes’’. 

22 (2) ALLOTMENT OF ANY DISCRETIONARY

23 FUNDS.—Section 437 of the Social Security Act (42 

24 U.S.C. 629g) is amended— 

25 (A) in subsection (b)(3)— 


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1 (i) in the paragraph heading, by in2 serting ‘‘OR TRIBAL CONSORTIA’’ after 

3 ‘‘TRIBES’’; and 

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

5 after ‘‘Indian tribes’’; and 

6 (B) in subsection (c)(1)— 

7 (i) in the paragraph heading, by in8 serting ‘‘OR TRIBAL CONSORTIA’’ after 

9 ‘‘TRIBES’’; and 

10 (ii) by adding at the end the following 

11 new sentence: ‘‘If a consortium of Indian 

12 tribes applies and is approved for a grant 

13 under this section, the Secretary shall allot 

14 to the consortium an amount equal to the 

15 sum of the allotments determined for each 

16 Indian tribe that is part of the consor17 tium.’’. 

18 (3) ADDITIONAL CONFORMING AMENDMENTS.— 

19 (A) PLANS OF INDIAN TRIBES.—Section 

20 432(b)(2) of the Social Security Act (42 U.S.C. 

21 629b(b)(2)) is amended— 

22 (i) in the paragraph heading, by in23 serting ‘‘OR TRIBAL CONSORTIA’’ after 

24 ‘‘TRIBES’’; and 


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1 (ii) in subparagraphs (A) and (B), by 

2 inserting ‘‘or tribal consortium’’ after ‘‘In3 dian tribe’’ each place it appears. 

4 (B) DIRECT PAYMENTS TO TRIBAL ORGA5 NIZATIONS.—Section 434(c) of such Act (42 

6 U.S.C. 629d(c)) is amended— 

7 (i) in the subsection heading, by in8 serting ‘‘OR TRIBAL CONSORTIA’’ after 

9 ‘‘TRIBES’’; and 

10 (ii) by inserting ‘‘or tribal consor11 tium’’ after ‘‘Indian tribe’’ the first place 

12 it appears; and 

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

14 payment to a tribal consortium, such tribal 

15 organizations of, or entity established by, 

16 the Indian tribes that are part of the con17 sortium as the consortium shall designate’’ 

18 before the period. 

19 (C) EVALUATIONS; RESEARCH; TECHNICAL

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

21 U.S.C. 629e(d)) is amended in the matter pre22 ceding paragraph (1), by inserting ‘‘or tribal 

23 consortia’’ after ‘‘Indian tribes’’. 


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1 SEC. 6. ADDITIONAL STATE PLAN AMENDMENTS. 

2 (a) ADDITIONAL MONITORING AND EVALUATION OF

3 FAMILIES ADOPTING OR FOSTERING SIGNIFICANT NUM4 BERS OF CHILDREN.— 

5 (1) IN GENERAL.—Section 432(a)(5) of the So6 cial Security Act (42 U.S.C. 629b(a)(5)) is amend7 ed— 

8 (A) in subparagraph (A)(iii), by striking 

9 ‘‘and’’ after the semicolon; and 

10 (B) by adding at the end the following new 

11 subparagraphs: 

12 ‘‘(C) establish procedures to provide for 

13 the additional evaluation of, and identification 

14 of additional supports and services needed by, 

15 any family that proposes to provide foster care 

16 for more than 4 children or more than 1 group 

17 of siblings (or more than such number of chil18 dren and groups of siblings as the State, upon 

19 demonstration of good cause and approval by 

20 the Secretary, may establish), prior to permit21 ting the family to provide foster care to such 

22 children or siblings, and to provide for ongoing 

23 monitoring and support of the family (prior to 

24 and during the provision of such foster care), to 

25 fully assess whether the family has the ability 

26 to care for such children or siblings; and 


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1 ‘‘(D) establish procedures to provide for 

2 the additional evaluation of, and identification 

3 of additional supports and services needed by, 

4 any family that proposes to adopt more than 4 

5 children or more than 1 group of siblings (or 

6 more than such number of children and groups 

7 of siblings as the State, upon demonstration of 

8 good cause and approval by the Secretary, may 

9 establish), prior to permitting the family to 

10 adopt such children or siblings, and to provide 

11 pre-adoption monitoring of, and to identify any 

12 pre-adoption supports and services needed by 

13 the family, to fully assess whether the family 

14 has the ability to care for such children or sib15 lings before permitting such adoption;’’. 

16 (2) DEADLINE FOR SUBMISSION AND APPROVAL

17 OR MODIFICATION OF IMPLEMENTATION PLAN.— 

18 (A) STATE SUBMISSIONS.—Not later than 

19 18 months after the date of enactment of this 

20 Act, each State with a plan approved under 

21 subpart 2 of part B of title IV of the Social Se22 curity Act, as a condition of continued approval 

23 of such plan, shall submit to the Secretary of 

24 Health and Human Services a plan for the im25 plementation of the procedures required under 


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1 subparagraphs (C) and (D) of section 432(a)(5) 

2 of the Social Security Act, as added by para3 graph (1). 

4 (B) APPROVAL OR MODIFICATION.—Not 

5 later than 60 days after the date on which a 

6 State submits the implementation plan required 

7 under subparagraph (A) to the Secretary of 

8 Health and Human Services, the Secretary 

9 shall approve such plan or notify the State of 

10 additions or modifications to such plan that are 

11 required before it can be approved. 

12 (b) ANNUAL BUDGET REQUESTS, SUMMARIES, AND

13 EXPENDITURE REPORTS.— 

14 (1) IN GENERAL.—Section 432(a)(8) of the So15 cial Security Act (42 U.S.C. 629b(a)(8)) is amend16 ed— 

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

18 (B) by striking ‘‘and’’ after the semicolon; 

19 and 

20 (C) by adding at the end the following new 

21 subparagraph: 

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

23 each year, the State agency will submit to the Sec24 retary— 


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

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

3 report on planned child and family services ex4 penditures by the agency for the immediately 

5 succeeding fiscal year; and 

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

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

8 provide, only with respect to the programs au9 thorized under this subpart and subpart 1, ac10 tual expenditures by the State agency for the 

11 immediately preceding fiscal year; and’’. 

12 (2) ANNUAL SUBMISSION OF STATE REPORTS

13 TO CONGRESS.—Section 432 of the Social Security 

14 Act (42 U.S.C. 629b) is amended by adding at the 

15 end the following new subsection: 

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

17 CONGRESS.—The Secretary shall compile the reports re18 quired under subsection (a)(8)(B) and, not later than Sep19 tember 30 of each year, submit such compilation to the 

20 Committee on Ways and Means of the House of Rep21 resentatives and the Committee on Finance of the Sen22 ate.’’. 

23 (3) EFFECTIVE DATE; INITIAL DEADLINES FOR

24 SUBMISSIONS.—The amendments made by this sub25 section take effect on the date of enactment of this 


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1 Act. Each State with an approved plan under sub2 part 1 or 2 of part B of title IV of the Social Secu3 rity Act shall make its initial submission of the 

4 forms required under section 432(a)(8)(B) of the 

5 Social Security Act to the Secretary of Health and 

6 Human Services by June 30, 2007, and the Sec7 retary of Health and Human Services shall submit 

8 the first compilation required under section 432(c) 

9 of such Act by September 30, 2007. 

10 SEC. 7. REQUIREMENT FOR FOSTER CARE PROCEEDING TO 

11 INCLUDE, IN AN AGE-APPROPRIATE MANNER, 

12 CONSULTATION WITH THE CHILD THAT IS 

13 THE SUBJECT OF THE PROCEEDING. 

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

15 U.S.C. 675(5)(C)) is amended— 

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

17 each such child,’’; 

18 (2) by striking ‘‘and procedural safeguards 

19 shall also’’ and inserting ‘‘(ii) procedural safeguards 

20 shall’’; and 

21 (3) by inserting ‘‘and (iii) procedural safe22 guards shall be applied to assure that in any perma23 nency hearing held with respect to the child and, in 

24 the case of a child who has attained age 16, any 

25 hearing regarding the transition of the child from 


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1 foster care to independent living, the court or ad2 ministrative body conducting the hearing consults, in 

3 an age-appropriate manner, with the child regarding 

4 the proposed permanency or transition plan for the 

5 child;’’ after ‘‘parents;’’. 

6 SEC. 8. EFFECTIVE DATE. 

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

8 this Act, the amendments made by this Act shall take ef9 fect on October 1, 2006, and shall apply to payments 

10 under subpart 2 of part B and part E of title IV of the 

11 Social Security Act for calendar quarters beginning on or 

12 after such date, without regard to whether regulations to 

13 implement the amendments are promulgated by such date. 

14 (b) DELAY PERMITTED IF STATE LEGISLATION RE15 QUIRED.—If the Secretary of Health and Human Services 

16 determines that State legislation (other than legislation 

17 appropriating funds) is required in order for a State plan 

18 under subpart 2 of part B or part E of title IV of the 

19 Social Security Act to meet the additional requirements 

20 imposed by the amendments made by a provision of this 

21 Act, the plan shall not be regarded as failing to meet any 

22 of the additional requirements before the 1st day of the 

23 1st calendar quarter beginning after the first regular ses24 sion of the State legislature that begins after the date of 

25 the enactment of this Act. If the State has a 2-year legislaVerDate Aug 31 2005 00:31 Jul 19, 2006 Jkt 049200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S3525.RFH S3525

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1 tive session, each year of the session is deemed to be a 

2 separate regular session of the State legislature. 

Passed the Senate July 13, 2006. 

Attest: EMILY J. REYNOLDS, 

Secretary. 


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