II Calendar No. 470 109th CONGRESS 2d Session S. 3525 IN THE SENATE OF THE UNITED STATES June 15, 2006 Mr. Grassley, from the Committee on Finance, reported the following original bill; which was read twice and placed on the calendar A BILL To amend subpart 2 of part B of title IV of the Social Security Act to improve outcomes for children in families affected by methamphetamine abuse and addiction, to reauthorize the promoting safe and stable families program, and for other purposes.

1.

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. Effective date.

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:

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, and improve permanency outcomes for, 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 one 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 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.

.

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.

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)).

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; and (iii)by inserting (or in the case of a payment to a tribal consortium, such tribal organizations of 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.

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 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 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 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 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.

7.

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 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 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.

June 15, 2006 Read twice and placed on the calendar