[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3525 Engrossed in Senate (ES)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                S. 3525

_______________________________________________________________________

                                 AN ACT


 
To amend subpart 2 of part B of title IV of the Social Security Act to 
 improve outcomes for children in families affected by methamphetamine 
   abuse and addiction, to reauthorize the promoting safe and stable 
               families program, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Improving Outcomes 
for Children Affected by Meth Act of 2006''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Grants for regional partnerships to increase the well-being of, 
                            and improve the permanency outcomes for, 
                            children affected by methamphetamine abuse 
                            and addiction.
Sec. 3. Reauthorization of the promoting safe and stable families 
                            program.
Sec. 4. Reauthorization and expansion of mentoring children of 
                            prisoners program.
Sec. 5. Allotments and grants to Indian tribes.
Sec. 6. Additional State plan amendments.
Sec. 7. Requirement for foster care proceeding to include, in an age-
                            appropriate manner, consultation with the 
                            child that is the subject of the 
                            proceeding.
Sec. 8. Effective date.

SEC. 2. GRANTS FOR REGIONAL PARTNERSHIPS TO INCREASE THE WELL-BEING OF, 
              AND IMPROVE THE PERMANENCY OUTCOMES FOR, CHILDREN 
              AFFECTED BY METHAMPHETAMINE ABUSE AND ADDICTION.

    (a) Reservation 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 
new paragraph:
            ``(4) Improved outcomes for children affected by 
        methamphetamine abuse and addiction.--With respect to each of 
        fiscal years 2007 through 2011, if the amount appropriated to 
        carry out this subpart for any such fiscal year is at least 
        $345,000,000, the Secretary shall reserve $40,000,000 of the 
        amount appropriated for that fiscal year for grants under 
        section 440.''.
    (b) Regional Partnership Grants.--Subpart 2 of part B of title IV 
of the Social Security Act (42 U.S.C. 629 et seq.) is amended by adding 
at the end the following new section:

``SEC. 440. GRANTS FOR REGIONAL PARTNERSHIPS TO INCREASE THE WELL-BEING 
              OF, AND IMPROVE THE PERMANENCY OUTCOMES FOR, CHILDREN 
              AFFECTED BY METHAMPHETAMINE ABUSE AND ADDICTION.

    ``(a) Purpose.--The purpose of this section is to authorize the 
Secretary to make competitive grants to eligible applicants 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 abuse of methamphetamines.
    ``(b) Eligible Applicants Defined.--In this section, the term 
`eligible applicant' means a regional partnership (which may be 
established on an interstate or intrastate basis) and that shall 
include any 2 or more of the following:
            ``(1) Nonprofit child welfare service providers.
            ``(2) For-profit child welfare service providers.
            ``(3) Community health service providers.
            ``(4) Community mental health providers.
            ``(5) Local law enforcement agencies.
            ``(6) Judges and court personnel.
            ``(7) Juvenile justice officials.
            ``(8) School personnel.
            ``(9) The State child welfare agency that is responsible 
        for the administration of the State plan under this part and 
        part E.
            ``(10) 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.
            ``(11) Tribal child welfare agencies (or a consortium of 
        such agencies).
            ``(12) Any other providers, agencies, personnel, officials, 
        or entities that are related to the provision of child and 
        family services under this subpart.
    ``(c) Program Authorized.--
            ``(1) In general.--From the amounts (if any) reserved for 
        each of fiscal years 2007 through 2011 under section 436(b)(4), 
        the Secretary shall award grants under this section for each 
        such fiscal year to eligible applicants that satisfy the 
        requirements of this section, in amounts that are not less than 
        $500,000 and not more than $1,000,000 per grant per fiscal 
        year.
            ``(2) Required minimum period of approval.--An eligible 
        applicant shall be approved to receive a grant under this 
        section for a period of not less than 2, and not more than 5, 
        fiscal years.
    ``(d) Application Requirements.--To be eligible for a grant under 
this section, an eligible applicant shall submit to the Secretary a 
written application containing the following:
            ``(1) Recent evidence that methamphetamine abuse has 
        increased 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.
            ``(2) A description of the goals and outcomes to be 
        achieved during the funding period for the grant that will 
        enhance the well-being of children receiving services or taking 
        part in activities conducted with funds provided under the 
        grant and lead to safety and permanence for such children.
            ``(3) 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.
            ``(4) A description of the strategies for integrating 
        programs and services determined to be appropriate for the 
        child and where appropriate, the child's family.
            ``(5) A description of the strategies for--
                    ``(A) collaborating with the State agency 
                responsible for the administration of this part and 
                part E (unless the lead agency for the regional 
                partnership of the eligible applicant is such agency); 
                and
                    ``(B) consulting, as appropriate, with the State 
                agency responsible for administering substance abuse 
                treatment and prevention services, and the State law 
                enforcement and judicial agencies.
        To the extent the Secretary determines that a requirement of 
        this paragraph would be inappropriate to apply to an eligible 
        applicant that includes a tribal child welfare agency or a 
        consortium of such agencies, the Secretary may exempt the 
        eligible applicant from satisfying such requirement.
            ``(6) Such other information as the Secretary may require.
    ``(e) Use of Funds.--Funds made available under a grant made under 
this section shall only be used for services or activities that are 
consistent with the purpose of this section and may include the 
following:
            ``(1) Family-based comprehensive long-term drug treatment 
        services.
            ``(2) Early intervention and preventative services.
            ``(3) Children and family counseling.
            ``(4) Mental health services.
            ``(5) Parenting skills training.
    ``(f) Matching Requirement.--
            ``(1) Federal share.--A grant awarded under this section 
        shall be available to pay a percentage share of the costs of 
        services provided or activities conducted under such grant, not 
        to exceed--
                    ``(A) 85 percent for the first and second fiscal 
                years for which the grant is awarded to an eligible 
                applicant;
                    ``(B) 80 percent for the third and fourth such 
                fiscal years; and
                    ``(C) 75 percent for the fifth such fiscal year.
            ``(2) Non-federal share.--The non-Federal share of the cost 
        of services provided or activities conducted under a grant 
        awarded under this section 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.
    ``(g) Considerations in Awarding and Amount of Grants.--In awarding 
grants under this section and determining the amount of such grants, 
the Secretary shall--
            ``(1) consider the demonstrated need of an eligible 
        applicant for assistance;
            ``(2) ensure that grants are awarded to a diverse number of 
        the eligible applicants described in subsection (b); and
            ``(3) give priority to awarding grants to eligible 
        applicants located in rural areas that--
                    ``(A) have been significantly affected by 
                methamphetamine abuse and addiction by parents or 
                caretakers;
                    ``(B) have limited resources for addressing the 
                needs of children affected by such abuse and addiction; 
                and
                    ``(C) have a lack of capacity for, or access to, 
                comprehensive family treatment services.
    ``(h) Performance Indicators.--Not later than 18 months after the 
date of enactment of this section, the Secretary shall establish 
indicators that will be used to assess periodically the performance of 
the eligible applicants awarded grants under this section in using 
funds made available under such grants to achieve the purpose of this 
section. In establishing such indicators, the Secretary shall consult 
with the Assistant Secretary for the Administration for Children and 
Families, the Administrator of the Substance Abuse and Mental Health 
Services Administration, the chief executive officers of the States or 
territories in which eligible applicants awarded a grant under this 
section are located, legislators of such States and territories, State 
and local public officials responsible for administering child welfare 
and alcohol and drug abuse prevention and treatment programs in such 
States and territories, court staff in such States and territories, 
consumers of the services or activities in such States and territories, 
advocates for children, parents, and caretakers who come to the 
attention of the child welfare system, and tribal officials of tribal 
child welfare agencies (or a consortium of such agencies) awarded a 
grant under this section.
    ``(i) Reports.--
            ``(1) Grantee reports.--
                    ``(A) Annual report.--Not later than September 30 
                of the first fiscal year in which an eligible applicant 
                receives funds under a grant awarded under this 
                section, and annually thereafter until September 30 of 
                the last fiscal year in which an eligible applicant 
                receives funds under a grant awarded under this 
                section, the eligible applicant shall submit to the 
                Secretary a report on the 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 
                activities conducted with such funds and of any changes 
                in the use of such funds that are planned for the 
                succeeding fiscal year.
                    ``(B) Incorporation of information related to 
                performance indicators.--Not later than 12 months after 
                the establishment of performance indicators under 
                subsection (h), each eligible applicant awarded a grant 
                under this section shall incorporate into the annual 
                report required under subparagraph (A) information 
                required in relation to such indicators.
            ``(2) Reports to congress.--On the basis of the reports 
        submitted under paragraph (1), 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--
                    ``(A) the services provided and activities 
                conducted with funds provided under grants awarded 
                under this section;
                    ``(B) the performance indicators established under 
                subsection (h); and
                    ``(C) the progress that has been made in addressing 
                the needs of families with methamphetamine abuse 
                problems who come to the attention of the child welfare 
                system and in achieving the goals of child safety, 
                permanence, and family stability.''.

SEC. 3. REAUTHORIZATION OF THE PROMOTING SAFE AND STABLE FAMILIES 
              PROGRAM.

    (a) In General.--Section 436(a) of the Social Security Act (42 
U.S.C. 629f(a)) is amended by striking ``for fiscal year 2006.'' and 
all that follows through the end of the second sentence and inserting 
``for each of fiscal years 2007 through 2011.''.
    (b) Discretionary Grants.--Section 437(a) of the Social Security 
Act (42 U.S.C. 629g(a)) is amended by striking ``2002 through 2006'' 
and inserting ``2007 through 2011''.
    (c) State Courts Assessment and Improvement Grants.--Subsections 
(c)(1)(A) and (d) of section 438 of the Social Security Act (42 U.S.C. 
629h) are each amended by striking ``2002 through 2006'' and inserting 
``2007 through 2011''.
    (d) Technical Correction of Funding for Fiscal Year 2006.--
Effective February 8, 2006, title II of the Departments of Labor, 
Health and Human Services, and Education, and Related Agencies 
Appropriations Act, 2006 (Public Law 109-149, 119 Stat. 2833) is 
amended under the heading relating to ``promoting safe and stable 
families'' under the heading ``administration for children and 
families'', by striking ``$305,000,000'' and inserting 
``$345,000,000''.

SEC. 4. REAUTHORIZATION AND EXPANSION OF MENTORING CHILDREN OF 
              PRISONERS PROGRAM.

    (a) In General.--Section 439 of the Social Security Act (42 U.S.C. 
629i) is amended--
            (1) in the section heading, by striking ``grants'' and 
        inserting ``funding'';
            (2) in subsection (a)--
                    (A) in the subsection heading, by striking 
                ``Purpose'' and inserting ``Purposes''; and
                    (B) 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 new 
                        subparagraph:
                    ``(B) to enter into a cooperative agreement with a 
                national mentoring support organization to provide 
                greater flexibility nationwide to increase the number 
                of children of prisoners receiving mentoring 
                services.'';
            (3) in subsection (c)--
                    (A) by striking ``2002 through 2006'' and inserting 
                ``2007 through 2011'';
                    (B) by striking ``(h)'' and inserting ``(i)''; and
                    (C) by striking ``(h)(2)'' and inserting 
                ``(i)(2)'';
            (4) by redesignating subsections (g) and (h) as subsections 
        (h) and (i), respectively;
            (5) by inserting after subsection (f), the following new 
        subsection:
    ``(g) Increased Access to Mentoring Services.--
            ``(1) In general.--The Secretary shall award, on a 
        competitive basis, a cooperative agreement with an eligible 
        entity (as specified in paragraph (2)) for the purposes of--
                    ``(A) identifying and approving mentoring programs 
                in all 50 States and the District of Columbia that meet 
                certain quality program standards;
                    ``(B) organizing outreach activities, including 
                making publicly available a list of such approved 
                programs, to appropriate public and private entities 
                described in subsection (d)(2) to increase awareness of 
                the availability of vouchers for mentoring services 
                among families of children of prisoners; and
                    ``(C) distributing vouchers directly to such 
                approved programs that have been selected by families 
                of children of prisoners to provide mentoring services 
                for their children.
            ``(2) Eligible entity.--For purposes of paragraph (1), an 
        entity eligible for a cooperative agreement under this 
        subsection shall be a national mentoring support organization 
        that has substantial experience--
                    ``(A) in mentoring and mentoring services for 
                children; and
                    ``(B) in developing quality program standards for 
                the planning and assessment of mentoring programs for 
                children.
            ``(3) Application requirements.--To be eligible for a 
        cooperative agreement under this subsection, an entity shall 
        submit to the Secretary an application that includes the 
        following:
                    ``(A) Qualifications.--A demonstration that the 
                entity meets the experience requirements of paragraph 
                (2).
                    ``(B) Plan description.--A detailed description of 
                the proposed voucher distribution program, which 
                shall--
                            ``(i) include the quality program standards 
                        for mentoring developed by the entity;
                            ``(ii) describe how the entity will 
                        organize and implement such quality program 
                        standards and distribution program, including 
                        how the entity plans to ensure that--
                                    ``(I) children in urban and rural 
                                communities and children with other 
                                geographic, linguistic, or cultural 
                                barriers to receipt of mentoring 
                                services will have access to such 
                                services; and
                                    ``(II) if the entity usually 
                                provides gender-specific programs or 
                                services, both girls and boys will be 
                                appropriately served by the program;
                            ``(iii) identify those organizations known 
                        by the entity to comply with such quality 
                        program standards;
                            ``(iv) describe the strategic plan of the 
                        entity to work with families of prisoners to 
                        develop the list of mentoring programs that 
                        accept vouchers distributed under the program 
                        for mentoring services; and
                            ``(v) describe the methods to be used by 
                        the entity to evaluate the program and the 
                        extent to which the program is achieving the 
                        purposes described in paragraph (1) and 
                        subsection (a)(2)(A).
                    ``(C) Criminal background checks.--An agreement to 
                include in any quality program standards for approved 
                mentoring programs the requirement for criminal 
                background checks for mentors.
                    ``(D) Records, reports, and audits.--An agreement 
                to maintain such records, make such reports, and 
                cooperate with such reviews and audits as the Secretary 
                may find necessary for purposes of oversight of the 
                cooperative agreement and expenditures.
                    ``(E) Evaluation.--A commitment to cooperate fully 
                with the Secretary's ongoing and final evaluation of 
                the voucher distribution program, including providing 
                the Secretary with access to the program and program-
                related records and documents, staff, and the mentoring 
                programs to which vouchers were distributed.
                    ``(F) Other.--Such other information as the 
                Secretary may find necessary to demonstrate the 
                entity's capacity to carry out the cooperative 
                agreement under this subsection.
            ``(4) Federal assistance eligibility.--The amount of a 
        voucher under this subsection may be disregarded for purposes 
        of determining the eligibility for, or the amount of, any other 
        Federal or Federally supported assistance for the recipient 
        family.'';
            (6) by amending subsection (h) (as redesignated by 
        paragraph (4)) to read as follows:
    ``(h) Evaluation; Reports.--
            ``(1) Evaluation.--The Secretary shall conduct an 
        evaluation of the programs authorized under this section, 
        including the program for increasing access to mentoring 
        services authorized under subsection (g).
            ``(2) Reports.--Not later than 12 months after the date of 
        enactment of the Improving Outcomes for Children Affected by 
        Meth Act of 2006, the Secretary shall submit a report to 
        Congress that includes the following:
                    ``(A) The characteristics of the mentoring programs 
                funded under this section.
                    ``(B) The plans for implementation of the 
                cooperative agreement for the program 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 such date of enactment 
                and how such evaluation has been expanded to include an 
                evaluation of the program authorized under subsection 
                (g).
                    ``(D) The date on which the Secretary shall submit 
                a final report on such evaluation to Congress.''; and
            (7) in subsection (i) (as so redesignated)--
                    (A) by striking ``2002 and 2003,'' and all that 
                follows through the period and inserting ``2007 through 
                2011.''; and
                    (B) 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 
                        new subparagraph:
                    ``(B) Increased access to mentoring services.--
                            ``(i) In general.--Subject to clauses (ii) 
                        and (iii), the Secretary shall reserve not more 
                        than 50 percent of the amount appropriated for 
                        each fiscal year under paragraph (1) for 
                        purposes of carrying out the program for 
                        increasing access to mentoring services 
                        authorized under subsection (g).
                            ``(ii) Assurance of funding for general 
                        program grants.--With respect to each fiscal 
                        year for which amounts are appropriated to 
                        carry out this section, not less than 
                        $25,000,000 of such amounts (or, if the amount 
                        appropriated for a fiscal year is less than 
                        that amount, the amount appropriated for that 
                        fiscal year that remains after applying 
                        subparagraph (A)) shall be used by the 
                        Secretary for purposes of making grants under 
                        subsection (c).
                            ``(iii) Contingent percentage reduction.--
                        If the amount appropriated for a fiscal year is 
                        not sufficient for the Secretary to satisfy the 
                        requirements of clauses (i) and (ii), the 
                        Secretary shall reduce the percentage described 
                        in clause (i) by such number of percentage 
                        points as is necessary for the Secretary to 
                        satisfy the requirement of clause (ii).''.
    (b) GAO Evaluation and Report.--Not later than 3 years after the 
date of enactment of this Act, the Comptroller General of the United 
States shall submit to Congress a report evaluating the implementation 
and effectiveness of the program for increasing access to mentoring 
services authorized under subsection (g) of section 439 of the Social 
Security Act (42 U.S.C. 629i) (as added by the amendments made by 
subsection (a)).

SEC. 5. ALLOTMENTS AND GRANTS TO INDIAN TRIBES.

    (a) Increased Reserved Funding.--
            (1) In general.--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 the Social 
        Security Act (42 U.S.C. 629g(b)(3)) is amended by striking 
        ``2'' and inserting ``3''.
    (b)  Authority for Tribal Consortia To Receive Allotments.--
            (1) Allotment of mandatory funds.--
                    (A) In general.--Section 433(a) of the Social 
                Security 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)), as amended by 
                subsection (a)(1), 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 
        the Social Security 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 
                the Social Security Act (42 U.S.C. 629b(b)(2)) is 
                amended--
                            (i) in the paragraph heading, by inserting 
                        ``or tribal consortia'' after ``tribes''; and
                            (ii) in subparagraphs (A) and (B), by 
                        inserting ``or tribal consortium'' after 
                        ``Indian tribe'' each place it appears.
                    (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''.

SEC. 6. ADDITIONAL STATE PLAN AMENDMENTS.

    (a) Additional Monitoring and Evaluation of Families Adopting or 
Fostering Significant Numbers of Children.--
            (1) In general.--Section 432(a)(5) of the Social Security 
        Act (42 U.S.C. 629b(a)(5)) is amended--
                    (A) in subparagraph (A)(iii), by striking ``and'' 
                after the semicolon; and
                    (B) by adding at the end the following new 
                subparagraphs:
                    ``(C) establish procedures to provide for the 
                additional evaluation of, and identification of 
                additional supports and services needed by, any family 
                that proposes to provide foster care for more than 4 
                children or more than 1 group of siblings (or more than 
                such number of children and groups of siblings as the 
                State, upon demonstration of good cause and approval by 
                the Secretary, may establish), prior to permitting the 
                family to provide foster care to such children or 
                siblings, and to provide for ongoing monitoring and 
                support of the family (prior to and during the 
                provision of such foster care), to fully assess whether 
                the family has the ability to care for such children or 
                siblings; and
                    ``(D) establish procedures to provide for the 
                additional evaluation of, and identification of 
                additional supports and services needed by, any family 
                that proposes to adopt more than 4 children or more 
                than 1 group of siblings (or more than such number of 
                children and groups of siblings as the State, upon 
                demonstration of good cause and approval by the 
                Secretary, may establish), prior to permitting the 
                family to adopt such children or siblings, and to 
                provide pre-adoption monitoring of, and to identify any 
                pre-adoption supports and services needed by the 
                family, to fully assess whether the family has the 
                ability to care for such children or siblings before 
                permitting such adoption;''.
            (2) Deadline for submission and approval or modification of 
        implementation plan.--
                    (A) State submissions.--Not later than 18 months 
                after the date of enactment of this Act, each State 
                with a plan approved under subpart 2 of part B of title 
                IV of the Social Security Act, as a condition of 
                continued approval of such plan, shall submit to the 
                Secretary of Health and Human Services a plan for the 
                implementation of the procedures required under 
                subparagraphs (C) and (D) of section 432(a)(5) of the 
                Social Security Act, as added by paragraph (1).
                    (B) Approval or modification.--Not later than 60 
                days after the date on which a State submits the 
                implementation plan required under subparagraph (A) to 
                the Secretary of Health and Human Services, the 
                Secretary shall approve such plan or notify the State 
                of additions or modifications to such plan that are 
                required before it can be approved.
    (b) Annual Budget Requests, Summaries, and Expenditure Reports.--
            (1) In general.--Section 432(a)(8) of the Social Security 
        Act (42 U.S.C. 629b(a)(8)) is amended--
                    (A) by inserting ``(A)'' after ``(8)'';
                    (B) by striking ``and'' after the semicolon; and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(B) provides that, not later than June 30 of each year, 
        the State agency 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, only 
                with respect to the programs authorized under this 
                subpart and subpart 1, actual expenditures by the State 
                agency for the immediately preceding fiscal year; 
                and''.
            (2) Annual submission of state reports to congress.--
        Section 432 of the Social Security Act (42 U.S.C. 629b) is 
        amended by adding at the end the following new subsection:
    ``(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 such Act by 
        September 30, 2007.

SEC. 7. REQUIREMENT FOR FOSTER CARE PROCEEDING TO INCLUDE, IN AN AGE-
              APPROPRIATE MANNER, CONSULTATION WITH THE CHILD THAT IS 
              THE SUBJECT OF THE PROCEEDING.

    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 and, in the case of a child who has 
        attained age 16, 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. 8. EFFECTIVE DATE.

    (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 subpart 2 of part B and part 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 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 a provision of 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.

            Passed the Senate July 13, 2006.

            Attest:

                                                             Secretary.
109th CONGRESS

  2d Session

                                S. 3525

_______________________________________________________________________

                                 AN ACT

To amend subpart 2 of part B of title IV of the Social Security Act to 
 improve outcomes for children in families affected by methamphetamine 
   abuse and addiction, to reauthorize the promoting safe and stable 
               families program, and for other purposes.