‘‘(4) CONSORTIUM.—The participating Indian 
tribes or tribal organizations of an intertribal con-
sortium may develop and submit a single plan under 
section 471 that meets the requirements of this sec-
tion. 
‘‘(c) COOPERATIVE AGREEMENTS.—An Indian tribe, 
tribal organization, or intertribal consortium and a State 
may enter into a cooperative agreement for the adminis-
tration or payment of funds pursuant to this part. In any 
case where an Indian tribe, tribal organization, or inter-
tribal consortium and a State enter into a cooperative 
agreement that incorporates any of the provisions of this 
section, those provisions shall be valid and enforceable. 
Any such cooperative agreement that is in effect as of the 
date of enactment of this section, shall remain in full force 
and effect subject to the right of either party to the agree-
ment to revoke or modify the agreement pursuant to the 
terms of the agreement. 
‘‘(d) REGULATIONS.—Not later than 1 year after the 
date of enactment of this section, the Secretary shall, in 
full consultation with Indian tribes and tribal organiza-
tions, promulgate regulations to carry out this section. 
‘‘(e) DEFINITIONS OF INDIAN TRIBE; TRIBAL ORGA-
NIZATION.—In this section, the terms ‘Indian tribe’ and 
‘tribal organization’ have the meanings given those terms
in subsections (e) and (l) of section 4 of the Indian Self- 
Determination and Education Assistance Act (25 U.S.C. 
450b), respectively, except that, with respect to the State 
of Alaska, the term ‘Indian tribe’ has the meaning given 
that term in section 419(4)(B).’’. 
(f) CONFORMING CHANGES FOR FMAP FOR THE 
DISTRICT OF COLUMBIA.—Section 474(a) of such Act (42 
U.S.C. 674(a)) is amended in each of paragraphs (1) and 
(2) by striking ‘‘(as defined in section 1905(b) of this 
Act)’’ inserting ‘‘(which shall be as defined in section 
1905(b), in the case of a State other than the District 
of Columbia, or 70 percent, in the case of the District 
of Columbia)’’. 
SEC. 4. KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS 
FOR CHILDREN. 
(a) IN GENERAL.—Section 473 of the Social Security 
Act (42 U.S.C. 670–679b) is amended by adding at the 
end the following: 
‘‘(d) KINSHIP
GUARDIANSHIP
ASSISTANCE
PAY-
MENTS FOR CHILDREN.— 
‘‘(1) IN GENERAL.—Each State with a plan ap-
proved under this part may, at State option, enter 
into kinship guardianship assistance agreements to 
provide kinship guardianship assistance payments on 
behalf of children to grandparents and other rel-
atives who have assumed legal guardianship (as de-
fined in section 475(7)) of the children for whom 
they have cared as foster parents and for whom they 
have committed to care for on a permanent basis. 
‘‘(2) 
KINSHIP
GUARDIANSHIP
ASSISTANCE 
AGREEMENT.— 
‘‘(A) IN
GENERAL.—In order to receive 
payments under section 474(a)(6), a State 
shall— 
‘‘(i) negotiate and enter into a writ-
ten, binding kinship guardianship assist-
ance agreement with the prospective rel-
ative guardian of a child who meets the re-
quirements of this paragraph; 
‘‘(ii) provide the prospective relative 
guardian with a copy of the agreement; 
and 
‘‘(iii) certify that any child on whose 
behalf kinship guardianship assistance pay-
ments are made under the agreement shall 
be provided medical assistance under title 
XIX 
in 
accordance 
with 
section 
1902(a)(10)(A)(i)(I). 
‘‘(B) 
MINIMUM
REQUIREMENTS.—The 
agreement shall specify, at a minimum—
‘‘(i) the amount of, and manner in 
which, each kinship guardianship assist-
ance payment will be provided under the 
agreement; 
‘‘(ii) the additional services and assist-
ance that the child and relative guardian 
will be eligible for under the agreement; 
‘‘(iii) the procedure by which the rel-
ative guardian may apply for additional 
services as needed, provided the agency 
and relative guardian agree on the addi-
tional services as specified in the case plan; 
and 
‘‘(iv) subject to subparagraph (D), 
that the State will pay the total cost of 
nonrecurring expenses associated with ob-
taining legal guardianship of the child. 
‘‘(C) 
INTERSTATE
APPLICATION.—The 
agreement shall provide— 
‘‘(i) that the agreement shall remain 
in effect without regard to the State resi-
dency of the kinship guardian; and 
‘‘(ii) for the protection of the interests 
of the child in any case where the kinship
guardian and the child move to another 
State while the agreement is in effect. 
‘‘(D) NO
EFFECT
ON
FEDERAL
REIM-
BURSEMENT.—Nothing in subparagraph (B)(iv) 
shall be construed as affecting the ability of the 
State to obtain reimbursement from the Fed-
eral Government for costs described in that 
subparagraph. 
‘‘(3) KINSHIP GUARDIANSHIP ASSISTANCE PAY-
MENT.— 
‘‘(A) IN GENERAL.—The kinship guardian-
ship assistance payment shall be based on con-
sideration of the needs of the relative guardian 
and of the child and shall be at least equal to 
the amount of the foster care maintenance pay-
ment for which the child would have been eligi-
ble if the child had remained in foster care, or, 
at State option, the amount of the adoption as-
sistance payment for which the child would 
have been eligible if the child had been adopted. 
The payment may be readjusted periodically 
based on relevant changes in such needs. 
‘‘(B) LIMITATION.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), no kinship guardian-
ship assistance payment may be made to a 
relative guardian for any child who has at-
tained 18 years of age. 
‘‘(ii) EXCEPTIONS.—A kinship guard-
ianship assistance payment may be made 
to a relative guardian with respect to a 
child who— 
‘‘(I) is a full-time student in a 
secondary school or in the equivalent 
level of a vocational or technical train-
ing program and has not attained 19 
years of age; or 
‘‘(II) with respect to a child who 
the State determines has a mental or 
physical disability that warrants the 
continuation of assistance until the 
child attains 21 years of age. 
‘‘(4) CHILD’S
ELIGIBILITY
FOR
A
KINSHIP 
GUARDIANSHIP ASSISTANCE PAYMENT.— 
‘‘(A) IN GENERAL.—A child is eligible for 
a kinship guardianship assistance payment 
under this subsection if the State agency deter-
mines the following: 
‘‘(i) The child has been—
‘‘(I) removed from his or her 
home pursuant to a voluntary place-
ment agreement or as a result of a ju-
dicial determination to the effect that 
continuation in the home would be 
contrary to the welfare of the child; 
‘‘(II) under the care of the State 
agency for the 12-month period end-
ing on the date of the agency deter-
mination; and 
‘‘(III) eligible for foster care 
maintenance payments under section 
472. 
‘‘(ii) Being returned home or adopted 
are not appropriate permanency options 
for the child. 
‘‘(iii) The child demonstrates a strong 
attachment to the prospective relative 
guardian and the relative guardian has a 
strong commitment to caring permanently 
for the child. 
‘‘(iv) With respect to a child who has 
attained 14 years of age, the child has 
been consulted regarding the kinship 
guardianship arrangement.
‘‘(B) TREATMENT OF SIBLINGS.—With re-
spect to a child described in subparagraph (A) 
whose sibling or siblings are not so described— 
‘‘(i) the child and any sibling of the 
child may be placed in the same kinship 
guardianship arrangement if the State 
agency and the relative agree on the appro-
priateness of the arrangement for the sib-
lings; and 
‘‘(ii) kinship guardianship assistance 
payments may be paid for the child and 
each sibling so placed.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) 
STATE
PLAN
REQUIREMENT.—Section 
471(a)(20) of such Act (42 U.S.C. 671(a)(20)) is 
amended by striking ‘‘before the foster or adoptive 
parent may be finally approved for placement of a 
child on whose behalf foster care maintenance pay-
ments or adoption assistance payments’’ and insert-
ing ‘‘or relative guardian before the foster or adop-
tive parent or relative guardian may be finally ap-
proved for placement of a child on whose behalf fos-
ter care maintenance payments, adoption assistance 
payments, or kinship guardianship assistance pay-
ments’’.
(2) PAYMENTS TO STATES.—Section 474(a) of 
such Act (42 U.S.C. 674(a)) is amended— 
(A) by striking the period at the end and 
inserting ‘‘; plus’’; and 
(B) by adding at the end the following: 
‘‘(6) an amount equal to the percentage by 
which the expenditures referred to in paragraph (2) 
are reimbursed (after applying the reduction re-
quired by subsection (h)(2)(A) of this section) of the 
total amount expended during such quarter as kin-
ship guardianship assistance payments under section 
473(d) pursuant to kinship guardianship assistance 
agreements.’’. 
(3) DEFINITIONS.—Section 475(1) of such Act 
(42 U.S.C. 675(1)) is amended by adding at the end 
the following: 
‘‘(F) In the case of a child with respect to 
whom the permanency plan is placement with a 
relative and receipt of kinship guardianship as-
sistance payments under section 473(d), a de-
scription of— 
‘‘(i) the steps that the agency has 
taken to determine that it is not appro-
priate for the child to be returned home or 
adopted;
‘‘(ii) the reasons why a permanent 
placement with a fit and willing relative 
through a kinship guardianship assistance 
arrangement is in the child’s best interests; 
‘‘(iii) the ways in which the child 
meets the eligibility requirements for a kin-
ship guardianship assistance payment; 
‘‘(iv) the efforts the agency has made 
to discuss adoption by the child’s relative 
foster parent as a more permanent alter-
native to legal guardianship and, in the 
case of a relative foster parent who has 
chosen not to pursue adoption, documenta-
tion of the reasons therefor; and 
‘‘(v) the efforts made by the State 
agency to secure the consent of the child’s 
parent or parents to the kinship guardian-
ship assistance arrangement, or the rea-
sons why the efforts were not made.’’. 
SEC. 5. FLEXIBILITY TO ESTABLISH SEPARATE STANDARDS 
FOR RELATIVE FOSTER FAMILY HOMES. 
Section 471(a)(10) (42 U.S.C. 671(a)(10)) is amend-
ed by inserting before the semicolon the following: ‘‘, and, 
at the option of the State, that the authority or authorities 
may—
‘‘(A) establish and maintain separate standards 
for foster family homes in which a foster parent is 
a relative of the foster child, that, at a minimum, 
protect the safety of the child and provide for crimi-
nal records checks as described in paragraph (20); 
and 
‘‘(B) apply the standards referred to in sub-
paragraph (A) of this paragraph to any such relative 
foster care provider to whom funds are paid pursu-
ant to section 472 or part B in lieu of the standards 
that would otherwise apply to a foster family 
home.’’. 
SEC. 6. APPLICATION OF STANDARDS TO ALL CHILDREN. 
Section 471(a)(10) of the Social Security Act (42 
U.S.C. 671(a)(10)) is amended by striking ‘‘receiving 
funds under this part or part B of this title’’ and inserting 
‘‘caring for a child who is in the custody of the State’’. 
SEC. 7. CHILD WELFARE SERVICE QUALITY IMPROVEMENT 
GRANTS. 
Part B of title IV of the Social Security Act (42 
U.S.C. 620–629i) is amended by adding at the end the 
following:
‘‘Subpart 4—Supporting Quality Front Line Workers 
‘‘SEC. 440A. CHILD WELFARE SERVICE QUALITY IMPROVE-
MENT GRANTS. 
‘‘(a) IN GENERAL.—The Secretary, acting through 
the Administration of Children and Families, shall make 
grants to States to improve the quality of child welfare 
services by increasing the quality and capacity of their 
child welfare workforce or by increasing the coordination 
of their child welfare services. 
‘‘(b) APPLICATIONS.— 
‘‘(1) CONTENTS.—A State desiring to receive a 
grant under this section shall submit to the Sec-
retary an application that includes the following: 
‘‘(A) PLAN.—A detailed description of how 
the State would use the grant, during the 5- 
year period beginning with the date the grant 
is received, to improve working conditions of 
child welfare workers in any agency providing a 
service under the State plan approved under 
subpart 1 or 2 of part B or part E in 1 or more 
ways described in paragraph (2), and an expla-
nation of how doing so would help the State 
achieve the outcomes set forth in the Final List 
of Child Welfare Outcomes and Measures (64 
Fed. Reg. 45552–45554).
‘‘(B) 
BASELINE
DATA
ON
STATE-SE-
LECTED
INDICATORS.—The information de-
scribed in those subparagraphs of paragraph 
(3) which describe the indicators that the State 
intends to improve on using the grant, with re-
spect to all child welfare agencies in the State 
for the fiscal year preceding the first fiscal year 
for which the grant is requested. 
‘‘(C) BUDGET.—A budget showing how the 
State would expend funds (including any grant 
funds provided under this section) for child wel-
fare services or the improvement of the services. 
‘‘(2) WAYS
TO
IMPROVE
WORKING
CONDI-
TIONS.—The ways described in this paragraph to 
improve working conditions of child welfare workers 
are the following: 
‘‘(A) Increase the wages of supervisory and 
nonsupervisory child welfare workers. 
‘‘(B) Increase the number of State super-
visory and nonsupervisory staff working on 
strengthening and preserving families and im-
proving child well-being, permanency, and safe-
ty. 
‘‘(C) Reduce the turnover rate for super-
visory and nonsupervisory child welfare workers
in the State, and the number of supervisory and 
nonsupervisory staff vacancies in child welfare 
agencies. 
‘‘(D) Improve the formal education and 
training of supervisory and nonsupervisory child 
welfare workers. 
‘‘(E) Increase the number of supervisory 
and nonsupervisory child welfare workers who 
have graduated from an institution of higher 
education in such fields of study as the Sec-
retary determines are related to the delivery of 
child welfare services. 
‘‘(F) Coordinate training, recruitment, and 
retention strategies for child welfare workers. 
‘‘(G) Provide educational scholarships for 
fields of study relevant to the purposes of parts 
B and E in return for substantial service. 
‘‘(H) Implement strategies to increase the 
safety of child welfare workers. 
‘‘(I) Enable the State child welfare agen-
cies to coordinate the provision of services with 
State and local health care agencies, State and 
local alcohol and drug abuse prevention and 
treatment agencies, State and local mental 
health agencies, State and local housing agen-
cies, State and local agencies administering the 
Temporary Assistance for Needy Families pro-
gram, and other welfare agencies to promote 
child safety, permanence, and family stability. 
‘‘(J) Provide training to improve the abil-
ity of child welfare workers to include and in-
volve families in planning decisions for children 
served by State child welfare agencies. 
‘‘(3) DESCRIPTION OF BASELINE DATA.—The 
data described in this paragraph are the following: 
‘‘(A) The average salary of supervisory 
child welfare workers, and of nonsupervisory 
child welfare workers. 
‘‘(B) The average number of children or 
families, per caseworker— 
‘‘(i) for caseworkers who provide serv-
ices for abused or neglected children and 
their families; 
‘‘(ii) for caseworkers who provide 
services to strengthen and preserve fami-
lies with children; 
‘‘(iii) for caseworkers who provide 
adoption services; and 
‘‘(iv) for caseworkers who provide 
family foster care services.
‘‘(C) The total number of vacancies in su-
pervisory staff positions and in nonsupervisory 
staff positions, and each such number expressed 
as a percentage of each type of staff position. 
‘‘(D) The average rate at which super-
visory child welfare workers left employment, 
and at which nonsupervisory child welfare work-
ers left employment. 
‘‘(E) The average duration of employment 
of supervisory child welfare workers and of non-
supervisory child welfare workers. 
‘‘(F) The total number and percentage of 
supervisory child welfare workers and of non-
supervisory child welfare workers who have re-
ceived a bachelor’s or more advanced degree 
from an institution of higher education, in the 
aggregate, and broken down by field of study. 
‘‘(G) The average number of staff for 
whom supervisory child welfare workers are re-
sponsible. 
‘‘(H) The range and scope of pre-service 
and in-service training opportunities, including 
numbers and percentage of supervisory child 
welfare staff and of nonsupervisory child wel-
fare staff engaged in training programs.
‘‘(I) The number and severity of injuries 
and threats to child welfare workers, and the 
strategies used to address the safety of child 
welfare workers. 
‘‘(J) Data that indicates whether families 
and children received support services (such as 
mental and physical health care, food stamps, 
affordable housing, and substance abuse pre-
vention and treatment) needed to create a sta-
ble home environment. 
‘‘(K) Such other indicators as the Sec-
retary may by regulation prescribe. 
‘‘(4) AMENDMENT OF APPLICATIONS.—A State 
may at any time submit to the Secretary an amend-
ment to the application of the State under this sub-
section. On approval of such an amendment, the ap-
plication shall be considered to include the amend-
ment. 
‘‘(c) GRANTS.— 
‘‘(1) IN GENERAL.—On certification by the Sec-
retary that a State application for a grant under 
this section meets the requirements of subsection (b) 
and that implementing the activities described in the 
application would help the State achieve some of the 
outcomes set forth in the Final List of Child Welfare
Outcomes and Measures (64 Fed. Reg. 45552– 
45554), and on approval by the Secretary of the ap-
plication, the State shall be eligible to receive a 
grant under this section for each fiscal year for 
which funds are available for such a grant. 
‘‘(2) GRANT
AMOUNT.—The Secretary shall 
make a grant to each State that is eligible to receive 
a grant under this section for a fiscal year, in an 
amount equal to the lesser of— 
‘‘(A) the amount finally allotted to or re-
served for the State under this subsection for 
the fiscal year; or 
‘‘(B) 3 times the amount that the State 
has committed to spend to carry out the activi-
ties described in the approved application. 
‘‘(3) RESERVATION OF FUNDS.— 
‘‘(A) PUERTO RICO.—The Secretary shall 
reserve 1.75 percent of the funds appropriated 
pursuant to subsection (j) for each fiscal year, 
for a grant to Puerto Rico under this section 
for the fiscal year. If, for a fiscal year, Puerto 
Rico does not submit to the Secretary an appli-
cation that meets the requirements of sub-
section (b), the funds so reserved shall be avail-
able for allotment under paragraph (4) of this
subsection for the succeeding fiscal year or (if 
the succeeding fiscal year is fiscal year 2009) 
remitted to the Treasury of the United States. 
‘‘(B) OTHER
TERRITORIES.—The Sec-
retary shall reserve 0.3 percent of the funds ap-
propriated pursuant to subsection (j) for each 
fiscal year, for grants among the United States 
Virgin Islands, Guam, American Samoa, and 
the Commonwealth of the Northern Mariana Is-
lands under this section in such amounts as the 
Secretary deems appropriate for the fiscal year. 
If, for a fiscal year, none of such territories 
submits to the Secretary an application that 
meets the requirements of subsection (b), the 
funds so reserved shall be available for allot-
ment under paragraph (4) of this subsection for 
the succeeding fiscal year or (if the succeeding 
fiscal year is fiscal year 2009) remitted to the 
Treasury of the United States. 
‘‘(C) INDIAN TRIBES.—The Secretary shall 
reserve 2 percent of the funds appropriated 
pursuant to subsection (j) for each fiscal year, 
for grants among Indian tribes under this sec-
tion in such amounts as the Secretary deems 
appropriate for the fiscal year. If, for a fiscal
year, the Secretary does not receive from any 
Indian tribe an application that meets the re-
quirements of subsection (b), the funds so re-
served shall be available for allotment under 
paragraph (4) of this subsection for the suc-
ceeding fiscal year or (if the succeeding fiscal 
year is fiscal year 2009) remitted to the Treas-
ury of the United States. 
‘‘(D) TECHNICAL ASSISTANCE AND EVAL-
UATIONS.—The Secretary shall reserve 0.7 per-
cent of the funds appropriated pursuant to sub-
section (j) for each fiscal year, to pay the costs 
of providing technical assistance and conducting 
evaluations under this section. 
‘‘(4) ALLOTMENTS.— 
‘‘(A) INITIAL
ALLOTMENT.—From the 
amount available to carry out this section for a 
fiscal year that remains after applying para-
graph (3) for the fiscal year (including any 
amount available for allotment under this para-
graph for the fiscal year after applying para-
graph (3) for the preceding fiscal year), the 
Secretary shall initially allot to each State not 
described in paragraph (3) for a fiscal year an 
amount that bears the same ratio to the re-
maining amount as the number of individuals 
who reside in the State and have not attained 
18 years of age bears to the total number of 
such individuals in all States not described in 
paragraph (3) that are eligible for a grant 
under this section for such most recent fiscal 
year. 
‘‘(B) FINAL ALLOTMENT.—The Secretary 
shall reduce the amount initially allotted to 
each State with an initial allotment under sub-
paragraph (A) of more than $300,000, on a pro 
rata basis, to the extent necessary to ensure 
that the amount finally allotted to each such 
State is not less than $300,000. 
‘‘(d) USE OF GRANT.— 
‘‘(1) IN GENERAL.—A State to which a grant 
is made under this section shall use the grant in ac-
cordance with the approved application for the 
grant. 
‘‘(2) AVAILABILITY OF FUNDS.—A State that 
receives funds under this section shall remit to the 
Secretary any of such funds that remain unexpended 
by the State at the end of the 2-year period that be-
gins with the date of the receipt.
‘‘(3) NO SUPPLANTATION.—A State to which a 
grant is made under this section shall use the grant 
to supplement and not supplant any Federal, State, 
or local funds used for child welfare services or child 
welfare training. 
‘‘(e) MONITORING.—The Secretary shall monitor the 
activities of grantees under this section to ensure compli-
ance with this section and any State plan of the grantee 
under subpart 1. 
‘‘(f) TECHNICAL ASSISTANCE.—The Secretary may 
provide technical assistance to any grantee to assist the 
grantee in improving the quality of child welfare services, 
including strategies to recruit, train, and retain high qual-
ity staff, and in complying with the provisions of law re-
ferred to in subsection (e). 
‘‘(g) ENFORCEMENT.— 
‘‘(1) IN GENERAL.—If the Secretary determines 
that, during a fiscal year, a grantee under this sec-
tion has not complied with a requirement of this 
Act, the Secretary may— 
‘‘(A) in the case of the 1st such determina-
tion of noncompliance, reduce by not less than 
5 percent the amount of the grant otherwise 
payable to the grantee under this section for 
the fiscal year;
‘‘(B) in the case of the 2nd such deter-
mination of noncompliance, reduce by not less 
than 25 percent the amount of the grant other-
wise payable to the grantee under this section 
for the fiscal year; and 
‘‘(C) in the case of the 3rd or any subse-
quent such determination of noncompliance, 
withhold the payment of a grant to the grantee 
under this section for any succeeding fiscal 
year, notwithstanding subsection (c). 
‘‘(2) RECOVERY.—In the case of a determina-
tion under paragraph (1) of grantee noncompliance, 
to the extent that a penalty cannot be imposed 
under paragraph (1), the Secretary shall require the 
grantee to remit to the Secretary the amount of the 
penalty not able to be so imposed. 
‘‘(h) EVALUATION.— 
‘‘(1) IN GENERAL.—Not later than September 
30, 2006, the Secretary shall conduct an interim 
evaluation to determine whether the grantees under 
this section have improved the provision of child wel-
fare services beyond the level reflected in the base-
line data set forth in the applications submitted by 
the grantees under this section.