[Congressional Record Volume 152, Number 91 (Thursday, July 13, 2006)]
[Senate]
[Pages S7540-S7543]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
IMPROVING OUTCOMES FOR CHILDREN AFFECTED BY METH ACT OF 2006
Mr. FRIST. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 470, S. 3525.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 3525) 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.
There being no objection, the Senate proceeded to consider the bill.
Mr. FRIST. Mr. President, I ask unanimous consent that the amendment
at the desk be agreed to, the bill, as amended, be read a third time
and passed, the motion to reconsider be laid upon the table, and that
any statements relating to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 4675) was agreed to, as follows:
(Purpose: To provide for a managers' amendment)
On page 3, line 13, strike ``and improve permanency
outcomes for'' and insert ``improve permanency outcomes for,
and enhance the safety of''.
On page 3, line 20, strike ``one'' and insert ``2''.
On page 8, line 21, strike ``access to'' and insert ``, or
access to,''.
On page 24, line 8, insert ``the first place it appears''
before the semicolon.
On page 24, line 9, strike the beginning parenthetical.
On page 24, line 11, insert ``, or entity established by,''
after ``of''.
On page 24, line 13, strike the closing parenthetical.
On page 25, line 6, insert ``, and identification of
additional supports and services needed by,'' after
``evaluation of''.
On page 25, line 14, insert ``and support'' after
``monitoring''.
On page 25, line 19, insert ``, and identification of
additional supports and services needed by,'' after
``evaluation of''.
On page 26, line 2, insert ``, and to identify any pre-
adoption supports and services needed by'' after ``of''.
On page 28, after line 25, add the following:
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;''.
On page 29, line 1, strike ``7'' and insert ``8''.
On page 29, line 5, insert ``and part E'' after ``part B''.
On page 29, line 13, insert ``or part E'' after ``part B''.
The bill (S. 3525), as amended, was ordered to be engrossed for a
third reading, read the third time and passed, as follows:
S. 3525
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.
[[Page S7541]]
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;
[[Page S7542]]
``(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.--
[[Page S7543]]
(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.
Mr. FRIST. Mr. President, we have one matter of business that we are
working on now. That is Water Resources Development. There has been
objection to the unanimous consent that I propounded earlier by the
Democratic leader. We are working very hard to work out that objection.
With that, I will take a few more minutes, and hopefully we will be
able to address this issue. I will go back to work and do just that.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. REID. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
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