[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3525 Enrolled Bill (ENR)]
S.3525
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child and Family Services
Improvement Act of 2006''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) For Federal fiscal year 2004, child protective services
(CPS) staff nationwide reported investigating or assessing an
estimated 3,000,000 allegations of child maltreatment, and
determined that 872,000 children had been abused or neglected by
their parents or other caregivers.
(2) Combined, the Child Welfare Services (CWS) and Promoting
Safe and Stable Families (PSSF) programs provide States about
$700,000,000 per year, the largest source of targeted Federal
funding in the child protection system for services to ensure that
children are not abused or neglected and, whenever possible, help
children remain safely with their families.
(3) A 2003 report by the Government Accountability Office (GAO)
reported that little research is available on the effectiveness of
activities supported by CWS funds--evaluations of services
supported by PSSF funds have generally shown little or no effect.
(4) Further, the Department of Health and Human Services
recently completed initial Child and Family Service Reviews (CFSRs)
in each State. No State was in full compliance with all measures of
the CFSRs. The CFSRs also revealed that States need to work to
prevent repeat abuse and neglect of children, improve services
provided to families to reduce the risk of future harm (including
by better monitoring the participation of families in services),
and strengthen upfront services provided to families to prevent
unnecessary family break-up and protect children who remain at
home.
(5) Federal policy should encourage States to invest their CWS
and PSSF funds in services that promote and protect the welfare of
children, support strong, healthy families, and reduce the reliance
on out-of-home care, which will help ensure all children are raised
in safe, loving families.
(6) CFSRs also found a strong correlation between frequent
caseworker visits with children and positive outcomes for these
children, such as timely achievement of permanency and other
indicators of child well-being.
(7) However, a December 2005 report by the Department of Health
and Human Services Office of Inspector General found that only 20
States were able to produce reports to show whether caseworkers
actually visited children in foster care on at least a monthly
basis, despite the fact that nearly all States had written
standards suggesting monthly visits were State policy.
(8) A 2003 GAO report found that the average tenure for a child
welfare caseworker is less than 2 years and this level of turnover
negatively affects safety and permanency for children.
(9) Targeting CWS and PSSF funds to ensure children in foster
care are visited on at least a monthly basis will promote better
outcomes for vulnerable children, including by preventing further
abuse and neglect.
(10) According to the Office of Applied Studies of the
Substance Abuse and Mental Health Services Administration, the
annual number of new uses of Methamphetamine, also known as
``meth,'' has increased 72 percent over the past decade. According
to a study conducted by the National Association of Counties which
surveyed 500 county law enforcement agencies in 45 states, 88
percent of the agencies surveyed reported increases in meth related
arrests starting 5 years ago.
(11) According to the 2004 National Survey on Drug Use and
Health, nearly 12,000,000 Americans have tried methamphetamine.
Meth making operations have been uncovered in all 50 states, but
the most wide-spread abuse has been concentrated in the western,
southwestern, and Midwestern United States.
(12) Methamphetamine abuse is on the increase, particularly
among women of child-bearing age. This is having an impact on child
welfare systems in many States. According to a survey administered
by the National Association of Counties (``The Impact of Meth on
Children''), conducted in 300 counties in 13 states, meth is a
major cause of child abuse and neglect. Forty percent of all the
child welfare officials in the survey reported an increase in out-
of-home placements because of meth in 2005.
(13) It is appropriate also to target PSSF funds to address
this issue because of the unique strain the meth epidemic puts on
child welfare agencies. Outcomes for children affected by meth are
enhanced when services provided by law enforcement, child welfare
and substance abuse agencies are integrated.
SEC. 3. REAUTHORIZATION OF THE PROMOTING SAFE AND STABLE FAMILIES
PROGRAM.
(a) Funding of Mandatory Grants at $345 Million Per Fiscal Year.--
Effective October 1, 2006, section 436(a) of the Social Security Act
(42 U.S.C. 629f(a)) is amended by striking ``fiscal year 2006.'' and
all that follows and inserting ``each of fiscal years 2007 through
2011''.
(b) Funding of Discretionary Grants.--Section 437(a) of such Act
(42 U.S.C. 629g(a)) is amended by striking ``2002 through 2006'' and
inserting ``2007 through 2011''.
(c) Availability of Promoting Safe and Stable Families Resources
for Fiscal Year 2006.--
(1) Appropriation.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are appropriated to
the Secretary of Health and Human Services $40,000,000 for fiscal
year 2006 to carry out section 436 of the Social Security Act, in
addition to any amount otherwise made available for fiscal year
2006 to carry out such section.
(2) Availability of funds.--Notwithstanding sections 434(b)(2)
and 436(b)(3) of such Act, the amount appropriated under paragraph
(1) of this subsection--
(A) shall remain available for expenditure through fiscal
year 2009 solely for the purpose described in section
436(b)(4)(B)(i) of such Act;
(B) shall not be used to supplant any Federal funds paid
under part E of title IV of such Act that could be used for
that purpose; and
(C) shall not be made available to any Indian tribe or
tribal consortium.
(d) Elimination of Findings.--Section 430 of such Act (42 U.S.C.
629) is amended by striking all through ``(b) Purpose.--The purpose''
and inserting the following:
``SEC. 430. PURPOSE.
``The purpose''.
(e) Annual Budget Requests, Summaries, and Expenditure Reports.--
(1) In general.--Section 432(a)(8) of such Act (42 U.S.C.
629b(a)(8)) is amended--
(A) by inserting ``(A)'' after ``(8)''; and
(B) by adding at the end the following:
``(B) provides that, not later than June 30 of each year, the
State will submit to the Secretary--
``(i) copies of forms CFS 101-Part I and CFS 101-Part II
(or any successor forms) that report on planned child and
family services expenditures by the agency for the immediately
succeeding fiscal year; and
``(ii) copies of forms CFS 101-Part I and CFS 101-Part II
(or any successor forms) that provide, with respect to the
programs authorized under this subpart and subpart 1 and, at
State option, other programs included on such forms, for the
most recent preceding fiscal year for which reporting of actual
expenditures is complete--
``(I) the numbers of families and of children served by
the State agency;
``(II) the population served by the State agency;
``(III) the geographic areas served by the State
agency; and
``(IV) the actual expenditures of funds provided to the
State agency; and''.
(2) Annual submission of state reports to congress.--Section
432 of such Act (42 U.S.C. 629b) is amended by adding at the end
the following:
``(c) Annual Submission of State Reports to Congress.--The
Secretary shall compile the reports required under subsection (a)(8)(B)
and, not later than September 30 of each year, submit such compilation
to the Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate.''.
(3) Effective date; initial deadlines for submissions.--The
amendments made by this subsection take effect on the date of
enactment of this Act. Each State with an approved plan under
subpart 1 or 2 of part B of title IV of the Social Security Act
shall make its initial submission of the forms required under
section 432(a)(8)(B) of the Social Security Act to the Secretary of
Health and Human Services by June 30, 2007, and the Secretary of
Health and Human Services shall submit the first compilation
required under section 432(c) of the Social Security Act by
September 30, 2007.
(f) Limitation on Administrative Cost Reimbursement.--
(1) In general.--Section 434 of such Act (42 U.S.C. 629d) is
amended--
(A) in subsection (a), by inserting ``, subject to
subsection (d),'' after ``shall''; and
(B) by adding at the end the following:
``(d) Limitation on Reimbursement for Administrative Costs.--The
Secretary shall not make a payment to a State under this section with
respect to expenditures for administrative costs during a fiscal year,
to the extent that the total amount of the expenditures exceeds 10
percent of the total expenditures of the State during the fiscal year
under the State plan approved under section 432.''.
(2) Effective date.--The amendments made by paragraph (1) shall
apply to expenditures made on or after October 1, 2007.
SEC. 4. TARGETING OF PROMOTING SAFE AND STABLE FAMILIES PROGRAM
RESOURCES.
(a) Support for Monthly Caseworker Visits.--
(1) Reservation and use of funds.--Section 436(b) of the Social
Security Act (42 U.S.C. 629f(b)) is amended by adding at the end
the following:
``(4) Support for monthly caseworker visits.--
``(A) Reservation.--The Secretary shall reserve for
allotment in accordance with section 433(e)--
``(i) $5,000,000 for fiscal year 2008;
``(ii) $10,000,000 for fiscal year 2009; and
``(iii) $20,000,000 for each of fiscal years 2010 and
2011.
``(B) Use of funds.--
``(i) In general.--A State to which an amount is paid
from amounts reserved under subparagraph (A) shall use the
amount to support monthly caseworker visits with children
who are in foster care under the responsibility of the
State, with a primary emphasis on activities designed to
improve caseworker retention, recruitment, training, and
ability to access the benefits of technology.
``(ii) Nonsupplantation.--A State to which an amount is
paid from amounts reserved pursuant to subparagraph (A)
shall not use the amount to supplant any Federal funds paid
to the State under part E that could be used as described
in clause (i).''.
(2) Allotment of funds.--Section 433 of such Act (42 U.S.C.
629c) is amended--
(A) in subsection (d), by inserting ``subsection (a), (b),
or (c) of'' before ``this section'' the 1st and 2nd places it
appears; and
(B) by adding at the end the following:
``(e) Allotment of Funds Reserved To Support Monthly Caseworker
Visits.--
``(1) Territories.--From the amount reserved pursuant to
section 436(b)(4)(A) for any fiscal year, the Secretary shall allot
to each jurisdiction specified in subsection (b) of this section,
that has provided to the Secretary such documentation as may be
necessary to verify that the jurisdiction has complied with section
436(b)(4)(B)(ii) during the fiscal year, an amount determined in
the same manner as the allotment to each of such jurisdictions is
determined under section 423 (without regard to the initial
allotment of $70,000 to each State).
``(2) Other states.--From the amount reserved pursuant to
section 436(b)(4)(A) for any fiscal year that remains after
applying paragraph (1) of this subsection for the fiscal year, the
Secretary shall allot to each State (other than an Indian tribe)
not specified in subsection (b) of this section, that has provided
to the Secretary such documentation as may be necessary to verify
that the State has complied with section 436(b)(4)(B)(ii) during
the fiscal year, an amount equal to such remaining amount
multiplied by the food stamp percentage of the State (as defined in
subsection (c)(2) of this section) for the fiscal year, except that
in applying subsection (c)(2)(A) of this section, `subsection
(e)(2)' shall be substituted for `such paragraph (1)'.''.
(3) Payments to states.--Section 434(a) of such Act (42 U.S.C.
629d(a)), as amended by section 3(f)(1) of this Act, is amended by
striking ``the lesser of--'' and all that follows and inserting the
following: ``the sum of--
``(1) the lesser of--
``(A) 75 percent of the total expenditures by the State for
activities under the plan during the fiscal year or the
immediately succeeding fiscal year; or
``(B) the allotment of the State under subsection (a), (b),
or (c) of section 433, whichever is applicable, for the fiscal
year; and
``(2) the lesser of--
``(A) 75 percent of the total expenditures by the State in
accordance with section 436(b)(4)(B) during the fiscal year or
the immediately succeeding fiscal year; or
``(B) the allotment of the State under section 433(e) for
the fiscal year.''.
(b) Support for Targeted Grants To Increase the Well Being of, and
To Improve the Permanency Outcomes for, Children Affected by
Methamphetamine or Other Substance Abuse.--
(1) Reservation of funds.--Section 436(b) of such Act (42
U.S.C. 629f(b)), as amended by subsection (a)(1) of this section,
is amended by adding at the end the following:
``(5) Regional partnership grants.--The Secretary shall reserve
for awarding grants under section 437(f)--
``(A) $40,000,000 for fiscal year 2007;
``(B) $35,000,000 for fiscal year 2008;
``(C) $30,000,000 for fiscal year 2009; and
``(D) $20,000,000 for each of fiscal years 2010 and
2011.''.
(2) Targeted grants.--
(A) In general.--Section 437 of such Act (42 U.S.C. 629g)
is amended by adding at the end the following:
``(f) Targeted Grants To Increase the Well-Being of, and To Improve
the Permanency Outcomes for, Children Affected by Methamphetamine or
Other Substance Abuse.--
``(1) Purpose.--The purpose of this subsection is to authorize
the Secretary to make competitive grants to regional partnerships
to provide, through interagency collaboration and integration of
programs and services, services and activities that are designed to
increase the well-being of, improve permanency outcomes for, and
enhance the safety of children who are in an out-of-home placement
or are at risk of being placed in an out-of-home placement as a
result of a parent's or caretaker's methamphetamine or other
substance abuse.
``(2) Regional partnership defined.--
``(A) In general.--In this subsection, the term `regional
partnership' means a collaborative agreement (which may be
established on an interstate or intrastate basis) entered into
by at least 2 of the following:
``(i) The State child welfare agency that is
responsible for the administration of the State plan under
this part and part E.
``(ii) The State agency responsible for administering
the substance abuse prevention and treatment block grant
provided under subpart II of part B of title XIX of the
Public Health Service Act.
``(iii) An Indian tribe or tribal consortium.
``(iv) Nonprofit child welfare service providers.
``(v) For-profit child welfare service providers.
``(vi) Community health service providers.
``(vii) Community mental health providers.
``(viii) Local law enforcement agencies.
``(ix) Judges and court personnel.
``(x) Juvenile justice officials.
``(xi) School personnel.
``(xii) Tribal child welfare agencies (or a consortia
of such agencies).
``(xiii) Any other providers, agencies, personnel,
officials, or entities that are related to the provision of
child and family services under this subpart.
``(B) Requirements.--
``(i) State child welfare agency partner.--Subject to
clause (ii)(I), a regional partnership entered into for
purposes of this subsection shall include the State child
welfare agency that is responsible for the administration
of the State plan under this part and part E as 1 of the
partners.
``(ii) Regional partnerships entered into by indian
tribes or tribal consortia.--If an Indian tribe or tribal
consortium enters into a regional partnership for purposes
of this subsection, the Indian tribe or tribal consortium--
``(I) may (but is not required to) include such
State child welfare agency as a partner in the
collaborative agreement; and
``(II) may not enter into a collaborative agreement
only with tribal child welfare agencies (or a
consortium of such agencies).
``(iii) No state agency only partnerships.--If a State
agency described in clause (i) or (ii) of subparagraph (A)
enters into a regional partnership for purposes of this
subsection, the State agency may not enter into a
collaborative agreement only with the other State agency
described in such clause (i) or (ii).
``(3) Authority to award grants.--
``(A) In general.--In addition to amounts authorized to be
appropriated to carry out this section, the Secretary shall
award grants under this subsection, from the amounts reserved
for each of fiscal years 2007 through 2011 under section
436(b)(5), to regional partnerships that satisfy the
requirements of this subsection, in amounts that are not less
than $500,000 and not more than $1,000,000 per grant per fiscal
year.
``(B) Required minimum period of approval.--A grant shall
be awarded under this subsection for a period of not less than
2, and not more than 5, fiscal years.
``(4) Application requirements.--To be eligible for a grant
under this subsection, a regional partnership shall submit to the
Secretary a written application containing the following:
``(A) Recent evidence demonstrating that methamphetamine or
other substance abuse has had a substantial impact on the
number of out-of-home placements for children, or the number of
children who are at risk of being placed in an out-of-home
placement, in the partnership region.
``(B) A description of the goals and outcomes to be
achieved during the funding period for the grant that will--
``(i) enhance the well-being of children receiving
services or taking part in activities conducted with funds
provided under the grant;
``(ii) lead to safety and permanence for such children;
and
``(iii) decrease the number of out-of-home placements
for children, or the number of children who are at risk of
being placed in an out-of-home placement, in the
partnership region.
``(C) A description of the joint activities to be funded in
whole or in part with the funds provided under the grant,
including the sequencing of the activities proposed to be
conducted under the funding period for the grant.
``(D) A description of the strategies for integrating
programs and services determined to be appropriate for the
child and where appropriate, the child's family.
``(E) A description of the strategies for--
``(i) collaborating with the State child welfare agency
described in paragraph (2)(A)(i) (unless that agency is the
lead applicant for the regional partnership); and
``(ii) consulting, as appropriate, with--
``(I) the State agency described in paragraph
(2)(A)(ii); and
``(II) the State law enforcement and judicial
agencies.
To the extent the Secretary determines that the requirement of
this subparagraph would be inappropriate to apply to a regional
partnership that includes an Indian tribe, tribal consortium,
or a tribal child welfare agency or a consortium of such
agencies, the Secretary may exempt the regional partnership
from the requirement.
``(F) Such other information as the Secretary may require.
``(5) Use of funds.--Funds made available under a grant made
under this subsection shall only be used for services or activities
that are consistent with the purpose of this subsection and may
include the following:
``(A) Family-based comprehensive long-term substance abuse
treatment services.
``(B) Early intervention and preventative services.
``(C) Children and family counseling.
``(D) Mental health services.
``(E) Parenting skills training.
``(F) Replication of successful models for providing
family-based comprehensive long-term substance abuse treatment
services.
``(6) Matching requirement.--
``(A) Federal share.--A grant awarded under this subsection
shall be available to pay a percentage share of the costs of
services provided or activities conducted under such grant, not
to exceed--
``(i) 85 percent for the first and second fiscal years
for which the grant is awarded to a recipient;
``(ii) 80 percent for the third and fourth such fiscal
years; and
``(iii) 75 percent for the fifth such fiscal year.
``(B) Non-federal share.--The non-Federal share of the cost
of services provided or activities conducted under a grant
awarded under this subsection may be in cash or in kind. In
determining the amount of the non-Federal share, the Secretary
may attribute fair market value to goods, services, and
facilities contributed from non-Federal sources.
``(7) Considerations in awarding grants.--In awarding grants
under this subsection, the Secretary shall--
``(A) take into consideration the extent to which applicant
regional partnerships--
``(i) demonstrate that methamphetamine or other
substance abuse by parents or caretakers has had a
substantial impact on the number of out-of-home placements
for children, or the number of children who are at risk of
being placed in an out-of-home placement, in the
partnership region;
``(ii) have limited resources for addressing the needs
of children affected by such abuse;
``(iii) have a lack of capacity for, or access to,
comprehensive family treatment services; and
``(iv) demonstrate a plan for sustaining the services
provided by or activities funded under the grant after the
conclusion of the grant period; and
``(B) after taking such factors into consideration, give
greater weight to awarding grants to regional partnerships that
propose to address methamphetamine abuse and addiction in the
partnership region (alone or in combination with other drug
abuse and addiction) and which demonstrate that methamphetamine
abuse and addiction (alone or in combination with other drug
abuse and addiction) is adversely affecting child welfare in
the partnership region.
``(8) Performance indicators.--
``(A) In general.--Not later than 9 months after the date
of enactment of this subsection, the Secretary shall establish
indicators that will be used to assess periodically the
performance of the grant recipients under this subsection in
using funds made available under such grants to achieve the
purpose of this subsection.
``(B) Consultation required.--In establishing the
performance indicators required by subparagraph (A), the
Secretary shall consult with the following:
``(i) The Assistant Secretary for the Administration
for Children and Families.
``(ii) The Administrator of the Substance Abuse and
Mental Health Services Administration.
``(iii) Representatives of States in which a State
agency described in clause (i) or (ii) of paragraph (2)(A)
is a member of a regional partnership that is a grant
recipient under this subsection.
``(iv) Representatives of Indian tribes, tribal
consortia, or tribal child welfare agencies that are
members of a regional partnership that is a grant recipient
under this subsection.
``(9) Reports.--
``(A) Grantee reports.--
``(i) Annual report.--Not later than September 30 of
the first fiscal year in which a recipient of a grant under
this subsection is paid funds under the grant, and annually
thereafter until September 30 of the last fiscal year in
which the recipient is paid funds under the grant, the
recipient shall submit to the Secretary a report on the
services provided or activities carried out during that
fiscal year with such funds. The report shall contain such
information as the Secretary determines is necessary to
provide an accurate description of the services provided or
activities conducted with such funds.
``(ii) Incorporation of information related to
performance indicators.--Each recipient of a grant under
this subsection shall incorporate into the first annual
report required by clause (i) that is submitted after the
establishment of performance indicators under paragraph
(8), information required in relation to such indicators.
``(B) Reports to congress.--On the basis of the reports
submitted under subparagraph (A), the Secretary annually shall
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a
report on--
``(i) the services provided and activities conducted
with funds provided under grants awarded under this
subsection;
``(ii) the performance indicators established under
paragraph (8); and
``(iii) the progress that has been made in addressing
the needs of families with methamphetamine or other
substance abuse problems who come to the attention of the
child welfare system and in achieving the goals of child
safety, permanence, and family stability.''.
(B) Conforming amendments.--Section 437 of such Act (42
U.S.C. 629g) is amended--
(i) in the section heading, by inserting ``and
targeted'' after ``discretionary''; and
(ii) in subsection (e), by striking ``this section''
and inserting ``subsection (a)''.
(c) Evaluation, Research, and Technical Assistance With Respect to
Targeted Program Resources.--Section 435(c) of such Act (42 U.S.C.
629e(c)) is amended to read as follows :
``(c) Evaluation, Research, and Technical Assistance With Respect
to Targeted Program Resources.--Of the amount reserved under section
436(b)(1) for a fiscal year, the Secretary shall use not less than--
``(1) $1,000,000 for evaluations, research, and providing
technical assistance with respect to supporting monthly caseworker
visits with children who are in foster care under the
responsibility of the State, in accordance with section
436(b)(4)(B)(i); and
``(2) $1,000,000 for evaluations, research, and providing
technical assistance with respect to grants under section
437(f).''.
SEC. 5. ALLOTMENTS AND GRANTS TO INDIAN TRIBES.
(a) Increase in Set-Asides for Indian Tribes.--
(1) Mandatory grants.--Section 436(b)(3) of the Social Security
Act (42 U.S.C. 629f(b)(3)) is amended by striking ``1'' and
inserting ``3''.
(2) Discretionary grants.--Section 437(b)(3) of such Act (42
U.S.C. 629g(b)(3)) is amended by striking ``2'' and inserting
``3''.
(3) Effect of reservation of funds for targeted program
resources on amounts reserved for indian tribes.--Section 436(b)(3)
of such Act (42 U.S.C. 629b(b)(3)) is amended by striking ``The''
and inserting ``After applying paragraphs (4) and (5) (but before
applying paragraphs (1) or (2)), the''.
(b) Authority for Tribal Consortia To Receive Allotments.--
(1) Allotment of mandatory funds.--
(A) In general.--Section 433(a) of such Act (42 U.S.C.
629c(a)) is amended--
(i) in the subsection heading, by inserting ``or Tribal
Consortia'' after ``Tribes''; and
(ii) by adding at the end the following new sentence:
``If a consortium of Indian tribes submits a plan approved
under this subpart, the Secretary shall allot to the
consortium an amount equal to the sum of the allotments
determined for each Indian tribe that is part of the
consortium.''.
(B) Conforming amendment.--Section 436(b)(3) of such Act
(42 U.S.C. 629f(b)(3)) is amended--
(i) in the paragraph heading, by inserting ``or tribal
consortia'' after ``tribes''; and
(ii) by inserting ``or tribal consortia'' after
``Indian tribes''.
(2) Allotment of any discretionary funds.--Section 437 of such
Act (42 U.S.C. 629g) is amended--
(A) in subsection (b)(3)--
(i) in the paragraph heading, by inserting ``or tribal
consortia'' after ``tribes''; and
(ii) by inserting ``or tribal consortia'' after
``Indian tribes''; and
(B) in subsection (c)(1)--
(i) in the paragraph heading, by inserting ``or tribal
consortia'' after ``tribes''; and
(ii) by adding at the end the following new sentence:
``If a consortium of Indian tribes applies and is approved
for a grant under this section, the Secretary shall allot
to the consortium an amount equal to the sum of the
allotments determined for each Indian tribe that is part of
the consortium.''.
(3) Additional conforming amendments.--
(A) Plans of indian tribes.--Section 432(b)(2) of such Act
(42 U.S.C. 629b(b)(2)) is amended--
(i) in the paragraph heading, by inserting ``or tribal
consortia'' after ``tribes'';
(ii) in subparagraph (A), by inserting ``or tribal
consortium'' after ``Indian tribe'' each place it appears;
and
(iii) in subparagraph (B)--
(I) by inserting ``or tribal consortium'' after
``Indian tribe''; and
(II) by inserting ``and tribal consortia'' after
``Indian tribes''.
(B) Direct payments to tribal organizations.--Section
434(c) of such Act (42 U.S.C. 629d(c)) is amended--
(i) in the subsection heading, by inserting ``or Tribal
Consortia'' after ``Tribes''; and
(ii) by inserting ``or tribal consortium'' after
``Indian tribe'' the first place it appears; and
(iii) by inserting ``or in the case of a payment to a
tribal consortium, such tribal organizations of, or entity
established by, the Indian tribes that are part of the
consortium as the consortium shall designate'' before the
period.
(C) Evaluations; research; technical assistance.--Section
435(d) of such Act (42 U.S.C. 629e(d)) is amended in the matter
preceding paragraph (1), by inserting ``or tribal consortia''
after ``Indian tribes''.
(c) Collection of Data on Tribal Promoting Safe and Stable Families
Plans.--Section 432(b)(2)(A) of such Act (42 U.S.C. 629b(b)(2)(A)), as
amended by subsection (b)(3)(A)(ii) of this section, is amended by
striking ``any requirement of this section that the Secretary
determines'' and inserting ``the requirements of subsection (a)(4) of
this section to the extent that the Secretary determines those
requirements''.
SEC. 6. IMPROVEMENTS TO THE CHILD WELFARE SERVICES PROGRAM.
(a) Funding.--Subpart 1 of part B of title IV of the Social
Security Act (42 U.S.C. 620-628b) is amended by striking sections 420
and 425 and inserting after section 424 the following:
``LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS
``Sec. 425. To carry out this subpart, there are authorized to be
appropriated to the Secretary not more than $325,000,000 for each of
fiscal years 2007 through 2011.''.
(b) Purpose of Program.--Such subpart is further amended--
(1) by striking section 424;
(2) by redesignating sections 421 and 423 as sections 423 and
424, respectively, and by transferring section 423 (as so
redesignated) so that it appears after section 422; and
(3) by inserting after the subpart heading the following:
``PURPOSE
``Sec. 421. The purpose of this subpart is to promote State
flexibility in the development and expansion of a coordinated child and
family services program that utilizes community-based agencies and
ensures all children are raised in safe, loving families, by--
``(1) protecting and promoting the welfare of all children;
``(2) preventing the neglect, abuse, or exploitation of
children;
``(3) supporting at-risk families through services which allow
children, where appropriate, to remain safely with their families
or return to their families in a timely manner;
``(4) promoting the safety, permanence, and well-being of
children in foster care and adoptive families; and
``(5) providing training, professional development and support
to ensure a well-qualified child welfare workforce.''.
(c) Modification of State Plan Requirements.--Section 422 of such
Act (42 U.S.C. 622) is amended--
(1) in subsection (b)--
(A) by striking paragraphs (3) through (5) and inserting
the following:
``(3) include a description of the services and activities
which the State will fund under the State program carried out
pursuant to this subpart, and how the services and activities will
achieve the purpose of this subpart;'';
(B) by striking paragraph (6) and inserting after paragraph
(3) (as added by subparagraph (A) of this paragraph) the
following:
``(4) contain a description of--
``(A) the steps the State will take to provide child
welfare services statewide and to expand and strengthen the
range of existing services and develop and implement services
to improve child outcomes; and
``(B) the child welfare services staff development and
training plans of the State;'';
(C) by redesignating paragraphs (7) through (9) as
paragraphs (5) through (7), respectively;
(D) in paragraph (10)--
(i) by striking subparagraph (A);
(ii) in subparagraph (B)(iii)(II), by inserting ``,
which may include a residential educational program'' after
``in some other planned, permanent living arrangement'';
(iii) by redesignating subparagraph (B) as subparagraph
(A); and
(iv) by striking subparagraph (C) and inserting after
subparagraph (A) the following:
``(B) has in effect policies and administrative and
judicial procedures for children abandoned at or shortly after
birth (including policies and procedures providing for legal
representation of the children) which enable permanent
decisions to be made expeditiously with respect to the
placement of the children;'';
(E) in paragraph (14), by striking ``and'' at the end;
(F) in paragraph (15), by striking the period and inserting
a semicolon;
(G) by redesignating paragraphs (10) through (15) as
paragraphs (8) through (13), respectively; and
(H) by adding at the end the following:
``(14) not later than October 1, 2007, include assurances that
not more than 10 percent of the expenditures of the State with
respect to activities funded from amounts provided under this
subpart will be for administrative costs;
``(15) describe how the State actively consults with and
involves physicians or other appropriate medical professionals in--
``(A) assessing the health and well-being of children in
foster care under the responsibility of the State; and
``(B) determining appropriate medical treatment for the
children; and
``(16) provide that, not later than 1 year after the date of
the enactment of this paragraph, the State shall have in place
procedures providing for how the State programs assisted under this
subpart, subpart 2 of this part, or part E would respond to a
disaster, in accordance with criteria established by the Secretary
which should include how a State would--
``(A) identify, locate, and continue availability of
services for children under State care or supervision who are
displaced or adversely affected by a disaster;
``(B) respond, as appropriate, to new child welfare cases
in areas adversely affected by a disaster, and provide services
in those cases;
``(C) remain in communication with caseworkers and other
essential child welfare personnel who are displaced because of
a disaster;
``(D) preserve essential program records; and
``(E) coordinate services and share information with other
States.''; and
(2) by adding at the end the following:
``(c) Definitions.--In this subpart:
``(1) Administrative costs.--The term `administrative costs'
means costs for the following, but only to the extent incurred in
administering the State plan developed pursuant to this subpart:
procurement, payroll management, personnel functions (other than
the portion of the salaries of supervisors attributable to time
spent directly supervising the provision of services by
caseworkers), management, maintenance and operation of space and
property, data processing and computer services, accounting,
budgeting, auditing, and travel expenses (except those related to
the provision of services by caseworkers or the oversight of
programs funded under this subpart).
``(2) Other terms.--For definitions of other terms used in this
part, see section 475.''.
(d) Provisions Relating to State Allotments.--Section 423 of such
Act, as so redesignated by subsection (b)(2) of this section, is
amended--
(1) in subsection (a)--
(A) by inserting ``In General.--'' after ``(a)''; and
(B) by striking ``420'' and inserting ``425''; and
(2) in subsection (b), by inserting ``Determination of State
Allotment Percentages.--'' after ``(b)'';
(3) in subsection (c), by inserting ``Promulgation of State
Allotment Percentages.--'' after ``(c)'';
(4) in subsection (d)--
(A) by inserting ``United States Defined.--'' after
``(d)''; and
(B) by striking ``fifty'' and inserting ``50''; and
(5) by adding at the end the following:
``(e) Reallotment of Funds.--
``(1) In general.--The amount of any allotment to a State for a
fiscal year under the preceding provisions of this section which
the State certifies to the Secretary will not be required for
carrying out the State plan developed as provided in section 422
shall be available for reallotment from time to time, on such dates
as the Secretary may fix, to other States which the Secretary
determines--
``(A) need sums in excess of the amounts allotted to such
other States under the preceding provisions of this section, in
carrying out their State plans so developed; and
``(B) will be able to so use such excess sums during the
fiscal year.
``(2) Considerations.--The Secretary shall make the
reallotments on the basis of the State plans so developed, after
taking into consideration--
``(A) the population under 21 years of age;
``(B) the per capita income of each of such other States as
compared with the population under 21 years of age; and
``(C) the per capita income of all such other States with
respect to which such a determination by the Secretary has been
made.
``(3) Amounts reallotted to a state deemed part of state
allotment.--Any amount so reallotted to a State is deemed part of
the allotment of the State under this section.''.
(e) Payments to States; Limitations on Use of Funds.--
(1) Limitations related to state expenditures for child care,
foster care maintenance payments, and adoption assistance
payments.--Section 424 of such Act, as so redesignated by
subsection (b)(2) of this section, is amended by striking
subsections (c) and (d) and inserting the following:
``(c) Limitation on Use of Federal Funds for Child Care, Foster
Care Maintenance Payments, or Adoption Assistance Payments.--The total
amount of Federal payments under this subpart for a fiscal year
beginning after September 30, 2007, that may be used by a State for
expenditures for child care, foster care maintenance payments, or
adoption assistance payments shall not exceed the total amount of such
payments for fiscal year 2005 that were so used by the State.
``(d) Limitation on Use by States of Non-Federal Funds for Foster
Care Maintenance Payments To Match Federal Funds.--For any fiscal year
beginning after September 30, 2007, State expenditures of non-Federal
funds for foster care maintenance payments shall not be considered to
be expenditures under the State plan developed under this subpart for
the fiscal year to the extent that the total of such expenditures for
the fiscal year exceeds the total of such expenditures under the State
plan developed under this subpart for fiscal year 2005.''.
(2) Limitation on administrative cost reimbursement.--
(A) In general.--Section 424 of such Act (42 U.S.C. 623),
as so redesignated by subsection (b)(2) of this section, is
amended by adding at the end the following:
``(e) Limitation on Reimbursement for Administrative Costs.--A
payment may not be made to a State under this section with respect to
expenditures during a fiscal year for administrative costs, to the
extent that the total amount of the expenditures exceeds 10 percent of
the total expenditures of the State during the fiscal year for
activities funded from amounts provided under this subpart.''.
(B) Effective date.--The amendment made by subparagraph (A)
shall apply to expenditures made on or after October 1, 2007.
(f) Conforming Amendments.--
(1) Section 428(b) of such Act (42 U.S.C. 628(b)) is amended by
striking ``421'' and inserting ``423''.
(2) Section 429 of such Act (42 U.S.C. 628a) is amended--
(A)(i) by striking the following:
``CHILD WELFARE TRAINEESHIPS
``Sec. 429. The Secretary''; and
(ii) inserting the following:
``(c) Child Welfare Traineeships.--The Secretary''; and
(B) by transferring the provision to the end of section 426
(as amended by section 11(b) of this Act).
(3) Section 429A of such Act (42 U.S.C. 628b) is redesignated
as section 429.
(4) Section 433(b) of such Act (42 U.S.C. 629c(b)) is amended
by striking ``421'' and inserting ``423''.
(5) Section 437(c)(2) of such Act (42 U.S.C. 629g(c)(2)) is
amended by striking ``421'' and inserting ``423''.
(6) Section 472(d) of such Act (42 U.S.C. 672(d)) is amended by
striking ``422(b)(10)'' and inserting ``422(b)(8)''.
(7) Section 473A(f) of such Act (42 U.S.C. 673b(f)) is amended
by striking ``423'' and inserting ``424''.
(8) Section 1130(b)(1) of such Act (42 U.S.C. 1320a-9(b)(1)) is
amended to read as follows:
``(1) any provision of section 422(b)(8), or section 479; or''.
(9) Section 104(b)(3) of the Intercountry Adoption Act of 2000
(42 U.S.C. 14914(b)(3)) is amended by striking ``422(b)(14) of the
Social Security Act, as amended by section 205 of this Act'' and
inserting ``422(b)(12) of the Social Security Act''.
SEC. 7. MONTHLY CASEWORKER STANDARD.
(a) State Plan Requirement.--Section 422(b) of the Social Security
Act (42 U.S.C. 622(b)), as amended by section 6(c) of this Act, is
amended--
(1) by striking ``and'' at the end of paragraph (15);
(2) by striking the period at the end of paragraph (16) and
inserting ``; and''; and
(3) by adding at the end the following:
``(17) not later than October 1, 2007, describe the State
standards for the content and frequency of caseworker visits for
children who are in foster care under the responsibility of the
State, which, at a minimum, ensure that the children are visited on
a monthly basis and that the caseworker visits are well-planned and
focused on issues pertinent to case planning and service delivery
to ensure the safety, permanency, and well-being of the
children.''.
(b) Enforcement.--Section 424 of the Social Security Act, as so
redesignated by section 6(b)(2) of this Act, is amended by adding at
the end the following:
``(e)(1) The Secretary may not make a payment to a State under this
subpart for a period in fiscal year 2008, unless the State has provided
to the Secretary data which shows, for fiscal year 2007--
``(A) the percentage of children in foster care under the
responsibility of the State who were visited on a monthly basis by
the caseworker handling the case of the child; and
``(B) the percentage of the visits that occurred in the
residence of the child.
``(2)(A) Based on the data provided by a State pursuant to
paragraph (1), the Secretary, in consultation with the State, shall
establish, not later than June 30, 2008, an outline of the steps to be
taken to ensure, by October 1, 2011, that at least 90 percent of the
children in foster care under the responsibility of the State are
visited by their caseworkers on a monthly basis, and that the majority
of the visits occur in the residence of the child. The outline shall
include target percentages to be reached each fiscal year, and should
include a description of how the steps will be implemented. The steps
may include activities designed to improve caseworker retention,
recruitment, training, and ability to access the benefits of
technology.
``(B) Beginning October 1, 2008, if the Secretary determines that a
State has not made the requisite progress in meeting the goal described
in subparagraph (A) of this paragraph, then the percentage that shall
apply for purposes of subsection (a) of this section for the period
involved shall be the percentage set forth in such subsection (a)
reduced by--
``(i) 1, if the number of full percentage points by which the
State fell short of the target percentage established for the State
for the period pursuant to such subparagraph is less than 10;
``(ii) 3, if the number of full percentage points by which the
State fell short, as described in clause (i), is not less than 10
and less than 20; or
``(iii) 5, if the number of full percentage points by which the
State fell short, as described in clause (i), is not less than
20.''.
(c) Reports.--
(1) Progress report.--Not later than March 31, 2010, the
Secretary of Health and Human Services shall submit to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a report that outlines the
progress made by the States in meeting the standards referred to in
section 422(b)(17) of the Social Security Act, and offers
recommendations developed in consultation with State officials
responsible for administering child welfare programs and members of
the State legislature to assist States in their efforts to ensure
that foster children are visited on a monthly basis.
(2) Inclusion of information on caseworker visits in annual
child well-being outcome reports.--Section 479A of such Act (42
U.S.C. 679b) is amended--
(A) by striking ``and'' at the end of paragraph (4);
(B) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(C) by adding at the end the following:
``(6) include in the report submitted pursuant to paragraph (5)
for fiscal year 2007 or any succeeding fiscal year, State-by-State
data on--
``(A) the percentage of children in foster care under the
responsibility of the State who were visited on a monthly basis
by the caseworker handling the case of the child; and
``(B) the percentage of the visits that occurred in the
residence of the child.''.
SEC. 8. REAUTHORIZATION OF PROGRAM FOR MENTORING CHILDREN OF PRISONERS.
(a) In General.--Section 439 of the Social Security Act (42 U.S.C.
629i) is amended--
(1) in subsection (c), by striking ``2002 through 2006'' and
inserting ``2007 through 2011''; and
(2) in subsection (h)--
(A) by striking paragraph (1) and inserting the following:
``(1) Limitations on authorization of appropriations.--To carry
out this section, there are authorized to be appropriated to the
Secretary such sums as may be necessary for fiscal years 2007
through 2011.''; and
(B) in paragraph (2), by striking ``2.5'' and inserting
``4''.
(b) Service Delivery Demonstration Project.--
(1) In general.--Section 439 of such Act (42 U.S.C. 629i), as
amended by subsection (a) of this section, is amended--
(A) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(B) by inserting after subsection (f) the following:
``(g) Service Delivery Demonstration Project.--
``(1) Purpose; authority to enter into cooperative agreement.--
The Secretary shall enter into a cooperative agreement with an
eligible entity that meets the requirements of paragraph (2) for
the purpose of requiring the entity to conduct a demonstration
project consistent with this subsection under which the entity
shall--
``(A) identify children of prisoners in need of mentoring
services who have not been matched with a mentor by an
applicant awarded a grant under this section, with a priority
for identifying children who--
``(i) reside in an area not served by a recipient of a
grant under this section;
``(ii) reside in an area that has a substantial number
of children of prisoners;
``(iii) reside in a rural area; or
``(iv) are Indians;
``(B) provide the families of the children so identified
with--
``(i) a voucher for mentoring services that meets the
requirements of paragraph (5); and
``(ii) a list of the providers of mentoring services in
the area in which the family resides that satisfy the
requirements of paragraph (6); and
``(C) monitor and oversee the delivery of mentoring
services by providers that accept the vouchers.
``(2) Eligible entity.--
``(A) In general.--Subject to subparagraph (B), an eligible
entity under this subsection is an organization that the
Secretary determines, on a competitive basis--
``(i) has substantial experience--
``(I) in working with organizations that provide
mentoring services for children of prisoners; and
``(II) in developing quality standards for the
identification and assessment of mentoring programs for
children of prisoners; and
``(ii) submits an application that satisfies the
requirements of paragraph (3).
``(B) Limitation.--An organization that provides mentoring
services may not be an eligible entity for purposes of being
awarded a cooperative agreement under this subsection.
``(3) Application requirements.--To be eligible to be awarded a
cooperative agreement under this subsection, an entity shall submit
to the Secretary an application that includes the following:
``(A) Qualifications.--Evidence that the entity--
``(i) meets the experience requirements of paragraph
(2)(A)(i); and
``(ii) is able to carry out--
``(I) the purposes of this subsection identified in
paragraph (1); and
``(II) the requirements of the cooperative
agreement specified in paragraph (4).
``(B) Service delivery plan.--
``(i) Distribution requirements.--Subject to clause
(iii), a description of the plan of the entity to ensure
the distribution of not less than--
``(I) 3,000 vouchers for mentoring services in the
first year in which the cooperative agreement is in
effect with that entity;
``(II) 8,000 vouchers for mentoring services in the
second year in which the agreement is in effect with
that entity; and
``(III) 13,000 vouchers for mentoring services in
any subsequent year in which the agreement is in effect
with that entity.
``(ii) Satisfaction of priorities.--A description of
how the plan will ensure the delivery of mentoring services
to children identified in accordance with the requirements
of paragraph (1)(A).
``(iii) Secretarial authority to modify distribution
requirement.--The Secretary may modify the number of
vouchers specified in subclauses (I) through (III) of
clause (i) to take into account the availability of
appropriations and the need to ensure that the vouchers
distributed by the entity are for amounts that are adequate
to ensure the provision of mentoring services for a 12-
month period.
``(C) Collaboration and cooperation.--A description of how
the entity will ensure collaboration and cooperation with other
interested parties, including courts and prisons, with respect
to the delivery of mentoring services under the demonstration
project.
``(D) Other.--Any other information that the Secretary may
find necessary to demonstrate the capacity of the entity to
satisfy the requirements of this subsection.
``(4) Cooperative agreement requirements.--A cooperative
agreement awarded under this subsection shall require the eligible
entity to do the following:
``(A) Identify quality standards for providers.--To work
with the Secretary to identify the quality standards that a
provider of mentoring services must meet in order to
participate in the demonstration project and which, at a
minimum, shall include criminal records checks for individuals
who are prospective mentors and shall prohibit approving any
individual to be a mentor if the criminal records check of the
individual reveals a conviction which would prevent the
individual from being approved as a foster or adoptive parent
under section 471(a)(20)(A).
``(B) Identify eligible providers.--To identify and compile
a list of those providers of mentoring services in any of the
50 States or the District of Columbia that meet the quality
standards identified pursuant to subparagraph (A).
``(C) Identify eligible children.--To identify children of
prisoners who require mentoring services, consistent with the
priorities specified in paragraph (1)(A).
``(D) Monitor and oversee delivery of mentoring services.--
To satisfy specific requirements of the Secretary for
monitoring and overseeing the delivery of mentoring services
under the demonstration project, which shall include a
requirement to ensure that providers of mentoring services
under the project report data on the children served and the
types of mentoring services provided.
``(E) Records, reports, and audits.--To maintain any
records, make any reports, and cooperate with any reviews and
audits that the Secretary determines are necessary to oversee
the activities of the entity in carrying out the demonstration
project under this subsection.
``(F) Evaluations.--To cooperate fully with any evaluations
of the demonstration project, including collecting and
monitoring data and providing the Secretary or the Secretary's
designee with access to records and staff related to the
conduct of the project.
``(G) Limitation on administrative expenditures.--To ensure
that administrative expenditures incurred by the entity in
conducting the demonstration project with respect to a fiscal
year do not exceed the amount equal to 10 percent of the amount
awarded to carry out the project for that year.
``(5) Voucher requirements.--A voucher for mentoring services
provided to the family of a child identified in accordance with
paragraph (1)(A) shall meet the following requirements:
``(A) Total payment amount; 12-month service period.--The
voucher shall specify the total amount to be paid a provider of
mentoring services for providing the child on whose behalf the
voucher is issued with mentoring services for a 12-month
period.
``(B) Periodic payments as services provided.--
``(i) In general.--The voucher shall specify that it
may be redeemed with the eligible entity by the provider
accepting the voucher in return for agreeing to provide
mentoring services for the child on whose behalf the
voucher is issued.
``(ii) Demonstration of the provision of services.--A
provider that redeems a voucher issued by the eligible
entity shall receive periodic payments from the eligible
entity during the 12-month period that the voucher is in
effect upon demonstration of the provision of significant
services and activities related to the provision of
mentoring services to the child on whose behalf the voucher
is issued.
``(6) Provider requirements.--In order to participate in the
demonstration project, a provider of mentoring services shall--
``(A) meet the quality standards identified by the eligible
entity in accordance with paragraph (1);
``(B) agree to accept a voucher meeting the requirements of
paragraph (5) as payment for the provision of mentoring
services to a child on whose behalf the voucher is issued;
``(C) demonstrate that the provider has the capacity, and
has or will have nonfederal resources, to continue supporting
the provision of mentoring services to the child on whose
behalf the voucher is issued, as appropriate, after the
conclusion of the 12-month period during which the voucher is
in effect; and
``(D) if the provider is a recipient of a grant under this
section, demonstrate that the provider has exhausted its
capacity for providing mentoring services under the grant.
``(7) 3-year period; option for renewal.--
``(A) In general.--A cooperative agreement awarded under
this subsection shall be effective for a 3-year period.
``(B) Renewal.--The cooperative agreement may be renewed
for an additional period, not to exceed 2 years and subject to
any conditions that the Secretary may specify that are not
inconsistent with the requirements of this subsection or
subsection (i)(2)(B), if the Secretary determines that the
entity has satisfied the requirements of the agreement and
evaluations of the service delivery demonstration project
demonstrate that the voucher service delivery method is
effective in providing mentoring services to children of
prisoners.
``(8) Independent evaluation and report.--
``(A) In general.--The Secretary shall enter into a
contract with an independent, private organization to evaluate
and prepare a report on the first 2 fiscal years in which the
demonstration project is conducted under this subsection.
``(B) Deadline for report.--Not later than 90 days after
the end of the second fiscal year in which the demonstration
project is conducted under this subsection, the Secretary shall
submit the report required under subparagraph (A) to the
Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate. The report shall
include--
``(i) the number of children as of the end of such
second fiscal year who received vouchers for mentoring
services; and
``(ii) any conclusions regarding the use of vouchers
for the delivery of mentoring services for children of
prisoners.
``(9) No effect on eligibility for other federal assistance.--A
voucher provided to a family under the demonstration project
conducted under this subsection shall be disregarded for purposes
of determining the eligibility for, or the amount of, any other
Federal or federally-supported assistance for the family.''.
(2) Conforming amendments.--Section 439 of such Act (42 U.S.C.
629i), as amended by subsection (a) of this section and paragraph
(1) of this subsection, is amended--
(A) in subsection (a)--
(i) in the subsection heading, by striking ``Purpose''
and inserting ``Purposes''; and
(ii) in paragraph (2)--
(I) in the paragraph heading, by striking
``Purpose'' and inserting ``Purposes'';
(II) by striking ``The purpose of this section is
to authorize the Secretary to make competitive'' and
inserting ``The purposes of this section are to
authorize the Secretary--
``(A) to make competitive'';
(iii) by striking the period at the end and inserting
``; and''; and
(iv) by adding at the end the following:
``(B) to enter into on a competitive basis a cooperative
agreement to conduct a service delivery demonstration project
in accordance with the requirements of subsection (g).'';
(B) in subsection (c)--
(i) by striking ``(h)'' and inserting ``(i)''; and
(ii) by striking ``(h)(2)'' and inserting ``(i)(2)'';
(C) by amending subsection (h) (as so redesignated by
paragraph (1)(A) of this subsection) to read as follows:
``(h) Independent Evaluation; Reports.--
``(1) Independent evaluation.--The Secretary shall conduct by
grant, contract, or cooperative agreement an independent evaluation
of the programs authorized under this section, including the
service delivery demonstration project authorized under subsection
(g).
``(2) Reports.--Not later than 12 months after the date of
enactment of this subsection, the Secretary shall submit a report
to the Congress that includes the following:
``(A) The characteristics of the mentoring programs funded
under this section.
``(B) The plan for implementation of the service delivery
demonstration project authorized under subsection (g).
``(C) A description of the outcome-based evaluation of the
programs authorized under this section that the Secretary is
conducting as of that date of enactment and how the evaluation
has been expanded to include an evaluation of the demonstration
project authorized under subsection (g).
``(D) The date on which the Secretary shall submit a final
report on the evaluation to the Congress.''; and
(D) in subsection (i) (as so redesignated)--
(i) in the subsection heading, by striking
``Reservation'' and inserting ``Reservations''; and
(ii) in paragraph (2)--
(I) by amending the paragraph heading to read as
follows: ``Reservations'';
(II) by striking ``The'' and inserting the
following:
``(A) Research, technical assistance, and evaluation.--
The''; and
(III) by adding at the end the following:
``(B) Service delivery demonstration project.--
``(i) In general.--Subject to clause (ii), for purposes
of awarding a cooperative agreement to conduct the service
delivery demonstration project authorized under subsection
(g), the Secretary shall reserve not more than--
``(I) $5,000,000 of the amount appropriated under
paragraph (1) for the first fiscal year in which funds
are to be awarded for the agreement;
``(II) $10,000,000 of the amount appropriated under
paragraph (1) for the second fiscal year in which funds
are to be awarded for the agreement; and
``(III) $15,000,000 of the amount appropriated
under paragraph (1) for the third fiscal year in which
funds are to be awarded for the agreement.
``(ii) Assurance of funding for general program
grants.--With respect to any fiscal year, no funds may be
awarded for a cooperative agreement under subsection (g),
unless at least $25,000,000 of the amount appropriated
under paragraph (1) for that fiscal year is used by the
Secretary for making grants under this section for that
fiscal year.''.
SEC. 9. REAUTHORIZATION OF THE COURT IMPROVEMENT PROGRAM.
Section 438 of the Social Security Act (42 U.S.C. 629h) is amended
in each of subsections (c)(1)(A) and (d) by striking ``2006'' and
inserting ``2011''.
SEC. 10. REQUIREMENT FOR FOSTER CARE PROCEEDING TO INCLUDE, IN AN AGE-
APPROPRIATE MANNER, CONSULTATION WITH THE CHILD THAT IS
THE SUBJECT OF THE PROCEEDING.
Section 475(5)(C) of the Social Security Act (42 U.S.C. 675(5)(C))
is amended--
(1) by inserting ``(i)'' after ``with respect to each such
child,'';
(2) by striking ``and procedural safeguards shall also'' and
inserting ``(ii) procedural safeguards shall''; and
(3) by inserting ``and (iii) procedural safeguards shall be
applied to assure that in any permanency hearing held with respect
to the child, including any hearing regarding the transition of the
child from foster care to independent living, the court or
administrative body conducting the hearing consults, in an age-
appropriate manner, with the child regarding the proposed
permanency or transition plan for the child;'' after ``parents;''.
SEC. 11. TECHNICAL AMENDMENTS.
(a) Updating of Archaic Language.--
(1) Section 423 of the Social Security Act, as so redesignated
by section 6(b)(2) of this Act--
(A) is amended by striking ``per centum'' and inserting
``percent''; and
(B) by striking ``He'' and inserting ``The Secretary''.
(2) Section 424(a) of such Act, as so redesignated by section
6(b)(2) of this Act, is amended by striking ``per centum'' and
inserting ``percent''.
(b) Elimination of Obsolete Provision.--Section 426 of such Act (42
U.S.C. 626) is amended by striking subsection (b) and redesignating
subsection (c) as subsection (b).
(c) Technical Correction.--Section 431(a)(6) of such Act (42 U.S.C.
629a(a)(6)) is amended by striking ``1986'' and inserting ``1996''.
SEC. 12. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided in this Act, the
amendments made by this Act shall take effect on October 1, 2006, and
shall apply to payments under parts B and E of title IV of the Social
Security Act for calendar quarters beginning on or after such date,
without regard to whether regulations to implement the amendments are
promulgated by such date.
(b) Delay Permitted If State Legislation Required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is required in
order for a State plan developed pursuant to subpart 1 of part B, or a
State plan approved under subpart 2 of part B or part E, of title IV of
the Social Security Act to meet the additional requirements imposed by
the amendments made by this Act, the plan shall not be regarded as
failing to meet any of the additional requirements before the 1st day
of the 1st calendar quarter beginning after the first regular session
of the State legislature that begins after the date of the enactment of
this Act. If the State has a 2-year legislative session, each year of
the session is deemed to be a separate regular session of the State
legislature.
(c) Availability of Promoting Safe and Stable Families Resources
for Fiscal Year 2006.--Section 3(c) shall take effect on the date of
the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.