‘‘(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) A State to which a grant is made 
under this section shall use the grant in accord-
ance with the approved application for the 
grant. 
‘‘(B) Notwithstanding subparagraph (A), a 
State or Indian tribe to which a grant is made 
under this section shall provide grant funding 
to private and public child welfare agencies on 
a proportionate basis, based on the number of 
foster children, adopted children, and children 
in kinship care arrangements that such agen-
cies serve in the State or in the service delivery 
area of the tribe, as the case may be. 
‘‘(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. 
‘‘(2) MATTERS TO BE ADDRESSED.—The eval-
uation shall include information on whether there 
has been a statewide improvement in the status of 
child permanency, child welfare, and child safety of 
children in the child welfare system.
‘‘(3) METHODS.—In conducting the evaluation 
of a grantee, the Secretary shall use the same meth-
ods that were used in considering the application 
submitted by the grantee pursuant to this section.
‘‘(4) FINAL
REPORT.—Not later than Sep-
tember 30, 2008, the Secretary shall submit to the 
Congress a written report that contains the final 
evaluation of the Secretary. 
‘‘(i) REGULATIONS.—The Secretary shall prescribe 
such regulations as may be necessary to carry out this 
section, including regulations, developed in consultation 
with the States, governing how to obtain the baseline data 
described in subsection (b)(3). 
‘‘(j) APPROPRIATION.—Out of any money in the 
Treasury of the United States not otherwise appropriated, 
there are appropriated to the Secretary not more than 
$100,000,000 for each of fiscal years 2004 through 2008 
to carry out this section. 
‘‘(k) DEFINITIONS.—In this section: 
‘‘(1) ALASKA
NATIVE
ORGANIZATION.—The 
term ‘Alaska Native Organization’ means any orga-
nized group of Alaska Natives eligible to operate a 
Federal program under the Indian Self-Determina-
tion Act (25 U.S.C. 450f et seq.) or the designee of 
such a group.
‘‘(2) CHILD
WELFARE
AGENCY.—The term 
‘child welfare agency’ means the State agency re-
sponsible for administering subpart 1, and any pub-
lic or private agency under contract with the State 
agency to provide child welfare services. 
‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’ 
means any Indian tribe, band, Nation or other orga-
nized group or community of Indians, including any 
Alaska Native Organization, that is recognized as el-
igible for the special programs and services provided 
by the United States to Indians because of their sta-
tus as Indians. 
‘‘(4) INSTITUTION OF HIGHER EDUCATION.—
The term ‘institution of higher education’ has the 
meaning given the term in section 101 of the Higher 
Education Act of 1965. 
‘‘(5) STATE.—The term ‘State’ means each of 
the 50 States, the District of Columbia, Puerto Rico, 
Guam, the United States Virgin Islands, American 
Samoa, and the Northern Mariana Islands.’’.