[Congressional Record (Bound Edition), Volume 151 (2005), Part 15]
[Senate]
[Pages 20035-20043]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DeWINE (for himself and Mr. Rockefeller):
  S. 1679. A bill to amend part E of title IV of the Social Security 
Act to strengthen courts for at-risk children, and for other purposes; 
to the Committee on Finance.
  Mr. DeWINE. Mr. President, I rise today to introduce a bill with my 
colleague, Senator Rockefeller, which would impact the lives of many 
at-risk children living in foster care. This bill is called WE CARE 
Kids: Working to Enhance Courts for At-risk and Endangered Kids Act of 
2005.
  How well a child welfare system functions is often related to how 
well the accompanying court system functions. The important role of the 
courts was noted last year when the Pew Commission on Children in 
Foster Care released their recommendations to overhaul the Nation's 
foster care system. As observed by the Pew Commission, it is the courts 
that decide whether a child has been abused or neglected and whether 
that child should be placed in the foster care system. It is the courts 
that oversee whether the parents are making progress on their case plan 
and enforce the timelines for permanency. It is the courts that decide 
whether a parent's rights should be terminated or whether a family 
should be reunified. These judges are making tough, life-changing 
decisions for all parties involved.
  To strengthen the courts making these life-altering decisions, the 
Pew Commission recommended: 1. The adoption of court performance 
measures by every dependency court; 2. incentives and requirements for 
effect collaboration between courts and child welfare agencies; 3. a 
strong voice in court for parents and children, as well as effective 
and well-trained representation by attorneys and volunteer advocates; 
and 4. leadership from chief justices and other State court leaders to 
organize their systems to better serve the needs of children, train 
judges, and promote effective standards for courts, judges and 
attorneys.
  The legislation that Senator Rockefeller and I are introducing today 
incorporates many of the recommendations of the Pew Commission. Among 
other provisions, the legislation provides $10 million for grants for 
training of judges and court personnel, of which a significant portion 
must be used for joint training between courts and child welfare 
agencies. It also provides $10 million for grants to the highest State 
court for the development and implementation of outcome measures 
related to safety, permanency, due process, and timeliness of court 
proceedings. The bill requires States to develop standards of practice 
for attorneys appearing in child abuse and neglect proceedings, as well 
as provides loan forgiveness for attorneys who practice in family, 
domestic, and juvenile courts and for social workers who work within 
the child welfare system. The bill increases funding for the expansion 
of the Court Appointed Special Advocate program, and it includes a 
provision that would ease the placement of children in foster care from 
one State to another, for the purposes of speeding adoptions out of the 
foster care system.
  Let me conclude by saying that when Congress passed the Adoption and 
Safe Families Act, I believed it was a good start. Congress, however, 
would have to do more to make sure that every child has the opportunity 
to live in a safe, stable, loving and permanent home. One of the 
essential ingredients is an efficiently operating court system--a 
system that puts the principles embodied in the law into practice. Our 
bill would help the court system do just that.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1679

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Working to Enhance Courts 
     for At-Risk and Endangered Kids Act of 2005''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

   TITLE I--COLLABORATION AMONG STATE IV-B AND IV-E AGENCY AND COURTS

Sec. 101. Collaboration on child and family services plans, child and 
              family service reviews, program improvement plans, and 
              court improvement program plans.
Sec. 102. Multidisciplinary, broad-based State child welfare 
              commissions.
Sec. 103. Training for abuse and neglect court personnel.
Sec. 104. Reservation of funds for collaboration support.

  TITLE II--OUTCOME PERFORMANCE STANDARDS FOR ABUSE AND NEGLECT COURTS

Sec. 201. Outcome performance standards for abuse and neglect courts.

                    TITLE III--COURT MODEL STANDARDS

Sec. 301. Standards, training, and technical assistance for attorneys.
Sec. 302. Loan forgiveness for attorneys who represent low-income 
              families or individuals involved in the family or 
              domestic relations court system.
Sec. 303. Loan forgiveness to social workers who work for child 
              protective agencies.
Sec. 304. Reauthorization of court-appointed special advocate (CASA) 
              programs and increased funding for expansion in rural and 
              underserved urban areas.

   TITLE IV--CLARIFICATION ON STATE FLEXIBILITY FOR PUBLIC ACCESS TO 
                                 COURTS

Sec. 401. Clarification on State flexibility for public access to 
              courts.

                       TITLE V--COURT LEADERSHIP

Sec. 501. Sense of the Senate regarding State court leadership.

   TITLE VI--SAFE AND TIMELY INTERSTATE PLACEMENT OF FOSTER CHILDREN

Sec. 601. Sense of Congress.

[[Page 20036]]

Sec. 602. Orderly and timely process for interstate placement of 
              children.
Sec. 603. Home studies.
Sec. 604. Requirement to complete background checks before approval of 
              any foster or adoptive placement and to check child abuse 
              registries; grandfather of opt-out election; limited 
              nonapplication.
Sec. 605. Courts allowed access to the Federal parent locator service 
              to locate parents in foster care or adoptive placement 
              cases.
Sec. 606. Caseworker visits.
Sec. 607. Health and education records.
Sec. 608. Right to be heard in foster care proceedings.
Sec. 609. Court improvement.
Sec. 610. Reasonable efforts.
Sec. 611. Case plans.
Sec. 612. Case review system.
Sec. 613. Use of interjurisdictional resources.

                       TITLE VII--EFFECTIVE DATE

Sec. 701. Effective date.

   TITLE I--COLLABORATION AMONG STATE IV-B AND IV-E AGENCY AND COURTS

     SEC. 101. COLLABORATION ON CHILD AND FAMILY SERVICES PLANS, 
                   CHILD AND FAMILY SERVICE REVIEWS, PROGRAM 
                   IMPROVEMENT PLANS, AND COURT IMPROVEMENT 
                   PROGRAM PLANS.

       (a) IV-B State Plans Requirement.--
       (1) State plans for child welfare services.--Section 422(b) 
     of the Social Security Act (42 U.S.C. 622(b)) is amended--
       (A) in paragraph (13), by striking ``and'' at the end;
       (B) in paragraph (14), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(15) provide that, not later than 3 years after the date 
     of enactment of the Working to Enhance Courts for At-Risk and 
     Endangered Kids Act of 2005, the State agency responsible for 
     administering the State plan under this subpart shall 
     demonstrate to the Secretary evidence of substantial, 
     ongoing, and meaningful collaboration among the State agency, 
     State court leaders and abuse and neglect courts located in 
     the State, and Indian tribes and tribal organizations located 
     in the State, with respect to the State plan under this 
     subpart, the State plan under subpart 2, the State plan under 
     part E, child and family services reviews required under 
     section 1123A (including the development and implementation 
     of a statewide assessment as part of the conformity reviews 
     and corrective action plans required under that section), and 
     assessments and implementation of improvements required under 
     section 438, through means such as--
       ``(A) meeting regularly to review policies and procedures;
       ``(B) sharing data and information;
       ``(C) providing joint training; and
       ``(D) engaging in other ongoing efforts for improved 
     decisions and outcomes for children receiving assistance or 
     services funded under the programs authorized under this part 
     and part E of this title.''.
       (2) Family preservation and support services plans.--
     Section 432(a) of the Social Security Act (42 U.S.C. 629b(a)) 
     is amended--
       (A) in paragraph (8), by striking ``and'' at the end;
       (B) in paragraph (9), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end, the following:
       ``(10) provides that, not later than 3 years after the date 
     of enactment of the Working to Enhance Courts for At-Risk and 
     Endangered Kids Act of 2005, the State agency responsible for 
     administering the State plan under this subpart shall 
     demonstrate to the Secretary evidence of substantial, 
     ongoing, and meaningful collaboration among the State agency, 
     State court leaders and abuse and neglect courts located in 
     the State, and Indian tribes and tribal organizations located 
     in the State, with respect to the State plan under this 
     subpart, the State plan under subpart 1, the State plan under 
     part E, child and family services reviews required under 
     section 1123A (including the development and implementation 
     of a statewide assessment as part of the conformity reviews 
     and corrective action plans required under that section), and 
     assessments and implementation of improvements required under 
     section 438, through means such as--
       ``(A) meeting regularly to review policies and procedures;
       ``(B) sharing data and information;
       ``(C) providing joint training; and
       ``(D) engaging in other ongoing efforts for improved 
     decisions and outcomes for children receiving assistance or 
     services funded under the programs authorized under this part 
     and part E of this title.''.
       (b) IV-E State Plan Requirement.--Section 471(a) of the 
     Social Security Act (42 U.S.C. 671(a)) is amended--
       (1) in paragraph (23)(B), by striking ``and'' at the end;
       (2) in paragraph (24), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(25) provides that, not later than 3 years after the date 
     of enactment of the Working to Enhance Courts for At-Risk and 
     Endangered Kids Act of 2005, the State agency responsible for 
     administering the State plan under this part shall 
     demonstrate to the Secretary evidence of substantial, 
     ongoing, and meaningful collaboration among the State agency, 
     State court leaders and abuse and neglect courts located in 
     the State, and Indian tribes and tribal organizations located 
     in the State, with respect to the State plan under this part, 
     the State plan under subpart 1 of part B, the State plan 
     under subpart 2 of part B, child and family services reviews 
     required under section 1123A (including the development and 
     implementation of a statewide assessment as part of the 
     conformity reviews and corrective action plans required under 
     that section), and assessments and implementation of 
     improvements required under section 438, through means such 
     as--
       ``(A) meeting regularly to review policies and procedures;
       ``(B) sharing data and information;
       ``(C) providing joint training; and
       ``(D) engaging in other ongoing efforts for improved 
     decisions and outcomes for children receiving assistance or 
     services funded under the programs authorized under this part 
     and part B of this title.''.
       (c) Child and Family Services Programs Review 
     Requirement.--Section 1123A of the Social Security Act (42 
     U.S.C. 1320a-2a) is amended by adding at the end the 
     following:
       ``(d) Demonstration of Collaboration.--
       ``(1) In general.--Not later than 3 years after the date of 
     enactment of the Working to Enhance Courts for At-Risk and 
     Endangered Kids Act of 2005, the regulations referred to in 
     subsection (a) shall require the State agency responsible for 
     administering the programs authorized under subpart 1 of part 
     B of title IV, subpart 2 of part B of title IV, and part E of 
     title IV to demonstrate to the Secretary evidence of 
     substantial, ongoing, and meaningful collaboration among the 
     State agency, State court leaders and abuse and neglect 
     courts located in the State, and Indian tribes and tribal 
     organizations located in the State, with respect to the child 
     and family services reviews required under this section 
     (including the development and implementation of a statewide 
     assessment as part of the conformity reviews and corrective 
     action plans required under this section), the State plan 
     under subpart 1 of part B of title IV, the State plan under 
     subpart 2 of part B of title IV, the State plan under part E 
     of title IV, and assessments and implementation of 
     improvements required under section 438, through means such 
     as--
       ``(A) meeting regularly to review policies and procedures;
       ``(B) sharing data and information;
       ``(C) providing joint training; and
       ``(D) engaging in other ongoing efforts for improved 
     decisions and outcomes for children receiving assistance or 
     services funded under the programs authorized under parts B 
     and E of title IV.
       ``(2) Definitions.--In this subsection:
       ``(A) Abuse and neglect courts.--The term `abuse and 
     neglect courts' has the meaning given that term in section 
     475(8).
       ``(B) Indian tribe.--The term `Indian tribe' has the 
     meaning given that term in section 102(2) of the Federally 
     Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a(2)).
       ``(C) Tribal organization.--The term `tribal organization' 
     has the meaning given that term in section 4(l) of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450b(l).''.
       (d) Court Improvement Program Requirement.--Section 438 of 
     the Social Security Act (42 U.S.C. 629h) is amended by adding 
     at the end the following:
       ``(e) Demonstration of Collaboration.--Beginning on the 
     date that is 3 years after the date of enactment of the 
     Working to Enhance Courts for At-Risk and Endangered Kids Act 
     of 2005, the highest State court in a State shall not be 
     eligible for a grant under this section with respect to any 
     fiscal year beginning on or after such date (or to continue 
     to receive funding under a grant awarded under this section 
     prior to such date), unless the court demonstrates to the 
     Secretary evidence of substantial, ongoing, and meaningful 
     collaboration among the State court leaders and abuse and 
     neglect courts located in the State, the State agency 
     responsible for administering the State plans under this 
     subpart, subpart 1, and part E, and Indian tribes and tribal 
     organizations located in the State with respect to the 
     development and conduct of the assessments required under 
     this section, the implementation of the improvements deemed 
     necessary as a result of such assessments, the child and 
     family services reviews required under section 1123A 
     (including the development and implementation of a statewide 
     assessment as part of the conformity reviews and corrective 
     action plans required under that section), and the State 
     plans under subpart 1 of part B of title IV, subpart 2 of 
     part B of title IV, and part E of title IV. Demonstration of 
     such collaboration may be made through means such as--
       ``(1) meeting regularly to review policies and procedures;
       ``(2) sharing data and information;
       ``(3) providing joint training; and
       ``(4) engaging in other ongoing efforts for improved 
     decisions and outcomes for children receiving assistance or 
     services funded under the programs authorized under parts B 
     and E of title IV.''.

[[Page 20037]]

       (d) Definitions of Abuse and Neglect Court; Indian Tribe; 
     Tribal Organization.--
       (1) In general.--Section 475 of the Social Security Act (42 
     U.S.C. 675) is amended by adding at the end the following:
       ``(8) The term `abuse and neglect courts' means the State, 
     local, and tribal courts that carry out State, local, or 
     tribal laws requiring proceedings (conducted by or under the 
     supervision of the courts)--
       ``(A) that implement part B or part E of this title 
     (including preliminary disposition of such proceedings);
       ``(B) that determine whether a child was abused or 
     neglected;
       ``(C) that determine the advisability or appropriateness of 
     foster care placement; or
       ``(D) that determine any other legal disposition of a child 
     in the abuse and neglect court system.
       ``(9) The term `Indian tribe' has the meaning given that 
     term in section 102(2) of the Federally Recognized Indian 
     Tribe List Act of 1994 (25 U.S.C. 479a(2)).
       ``(10) The term `tribal organization' has the meaning given 
     that term in section 4(l) of the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 450b(l).''.
       (2) Conforming amendments.--
       (A) Section 428(c) of the Social Security Act (42 U.S.C. 
     628) is amended by striking ``by subsections (e) and (l) of 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b), respectively'' and inserting 
     ``in paragraphs (9) and (10), respectively, of section 475''.
       (B) Section 431(a) of the Social Security Act (42 U.S.C. 
     629a(a)(6)) is amended by striking paragraphs (5) and (6) and 
     inserting the following:
       ``(5) Tribal organization.--The term `tribal organization' 
     has the meaning given that term in section 475(10).
       ``(6) Indian tribe.--The term `Indian tribe' has the 
     meaning given that term in section 475(9).''.

     SEC. 102. MULTIDISCIPLINARY, BROAD-BASED STATE CHILD WELFARE 
                   COMMISSIONS.

       (a) In General.--Part A of title XI of the Social Security 
     Act (42 U.S.C. 1301 et seq.) is amended by inserting after 
     section 1123A, the following:


    ``multidisciplinary, broad-based state child welfare commissions

       ``Sec. 1123B. (a) In General.--Not later than 1 year after 
     the date of enactment of the Working to Enhance Courts for 
     At-Risk and Endangered Kids Act of 2005, each State 
     administering a program established under part B or E of 
     title IV, shall establish a permanent, multidisciplinary, 
     broad-based commission on State child welfare programs for 
     the purposes of--
       ``(1) ensuring ongoing collaboration among State, local, 
     and tribal agencies and other community organizations that 
     serve children who have been abused or neglected, are in 
     foster care, or are receiving child welfare services; and
       ``(2) furthering the goal of providing all children with 
     safe, permanent families in which their physical, emotional, 
     and social needs are met.
       ``(b) Co-Chairs.--The co-chairs of the Commission shall be 
     the Chief Justice for the State or his or her designee and 
     the head of the State agency responsible for administering 
     the State child welfare programs or his or her designee.
       ``(c) Composition.--The Commission shall include 
     representatives of--
       ``(1) State, local, and tribal agencies and other community 
     organizations that serve children who have been abused or 
     neglected, are in foster care, or are receiving child welfare 
     services;
       ``(2) schools;
       ``(3) health care agencies or providers;
       ``(4) mental health agencies or providers;
       ``(5) child care agencies or providers;
       ``(6) abuse and neglect courts;
       ``(7) the legal and law enforcement communities;
       ``(8) consumers of child welfare services, to include 
     parents, current or former foster youth, and child advocates; 
     and
       ``(9) such other organizations, entities, or individuals as 
     the co-chairs of the Commission determine to be appropriate.
       ``(d) Duties.--The Commission shall--
       ``(1) monitor and report to the Secretary and the public on 
     the extent to which the State child welfare programs and 
     abuse and neglect courts are responsive to the needs of 
     children in their care;
       ``(2) develop and submit a report to the Secretary and the 
     public on plans to establish ongoing collaboration among 
     State, local, and tribal agencies and other community 
     organizations that serve children who have been abused or 
     neglected, are in foster care, or are receiving child welfare 
     services, which shall include recommendations for the 
     appropriate use of aggregate data and information sharing to 
     improve outcomes for such children;
       ``(3) provide ongoing continuity for the collaboration 
     procedures established in accordance with such plan;
       ``(4) broaden public awareness of, and support for, meeting 
     the needs of vulnerable children and families, including the 
     need for sufficient mental health, health care, education, 
     child care, and other services; and
       ``(5) perform such other tasks as the co-chairs of the 
     Commission determines to be appropriate.
       ``(e) Definitions.--In this section:
       ``(1) Abuse and neglect courts.--The term `abuse and 
     neglect courts' has the meaning given that term in section 
     475(8).
       ``(2) Commission.--The term `Commission' means the 
     commission required to be established under subsection (a).
       ``(3) State child welfare programs.--The term `State child 
     welfare programs' means the programs authorized under parts B 
     and E of title IV.
       ``(4) Tribal agencies.--The term `tribal agencies' means an 
     agency of an Indian tribe (as defined in section 475(9)).''.
       (b) State Plan Requirement.--Section 471(a) of the Social 
     Security Act (42 U.S.C. 671(a)), as amended by section 
     101(b), is amended--
       (1) in paragraph (24), by striking ``and'' at the end;
       (2) in paragraph (25), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(26) provides that the State, not later than 1 year after 
     the date of enactment of the Working to Enhance Courts for 
     At-Risk and Endangered Kids Act of 2005, shall establish the 
     multidisciplinary, broad-based child welfare commission 
     required under section 1123B.''.

     SEC. 103. TRAINING FOR ABUSE AND NEGLECT COURT PERSONNEL.

       Section 438 of the Social Security Act (42 U.S.C. 629h), as 
     amended by section 101(d), is amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following:
       ``(f) Training for Abuse and Neglect Court Personnel.--
       ``(1) Authority to award grants.--In addition to any other 
     funds paid to a highest State court under this section for 
     fiscal year 2006 or any fiscal year thereafter, the Secretary 
     shall award grants to highest State courts for the purpose of 
     training judges, court personnel, attorneys, and other legal 
     personnel of abuse and neglect courts on issues relevant to 
     the proceedings conducted by such courts, such as child 
     development and other training needs specific to that court 
     in the State.
       ``(2) Joint-training initiatives.--A highest State court 
     awarded a grant under this subsection for a fiscal year shall 
     ensure that a significant portion of the funds made available 
     under the grant is used for cross-training initiatives that 
     are jointly planned and executed with the State agency 
     responsible for administering the programs authorized under 
     this part and part E of this title, and Indian tribes and 
     tribal organizations located in the State.
       ``(3)  Appropriation.--Out of any money in the Treasury of 
     the United States not otherwise appropriated, there are 
     appropriated for fiscal year 2006, $10,000,000 for making 
     grants under this subsection.''.

     SEC. 104. RESERVATION OF FUNDS FOR COLLABORATION SUPPORT.

       Sections 436(b) and 437(b) of the Social Security Act (42 
     U.S.C. 629f(b), 629g(b)) are each amended by adding at the 
     end the following:
       ``(4) Collaboration.--The Secretary shall reserve 2 percent 
     for making grants to support the development and 
     implementation of ongoing and meaningful collaboration among 
     the State court leaders and abuse and neglect courts located 
     in the State, the State agency responsible for administering 
     the State plans under this subpart, subpart 1, and part E, 
     and Indian tribes and tribal organizations located in the 
     State with respect to the State plans under this subpart, 
     subpart 1, and part E, the development and conduct of the 
     assessments required under section 438 and the implementation 
     of the improvements deemed necessary as a result of such 
     assessments, and the child and family services reviews 
     required under section 1123A (including the development and 
     implementation of a statewide assessment as part of the 
     conformity reviews and corrective action plans required under 
     that section).''.

  TITLE II--OUTCOME PERFORMANCE STANDARDS FOR ABUSE AND NEGLECT COURTS

     SEC. 201. OUTCOME PERFORMANCE STANDARDS FOR ABUSE AND NEGLECT 
                   COURTS.

       Section 438 of the Social Security Act (42 U.S.C. 629h), as 
     amended by section 103, is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following:
       ``(g) Outcome Performance Standards for Abuse and Neglect 
     Courts.--
       ``(1) Authority to award grants.--
       ``(A) In general.--In addition to any other funds paid to a 
     highest State court under this section for fiscal year 2006, 
     the Secretary shall award grants to highest State courts for 
     the purpose of developing and implementing outcome 
     performance standards for State abuse and neglect courts in 
     order to achieve the goals of the programs authorized under 
     this part, part E, and the Adoption and Safe Families Act of 
     1997 (Public Law 105-89; 111 Stat. 2115).
       ``(B) Requirements.--
       ``(i) In general.--A highest State court that receives a 
     grant under this subsection shall use funds provided under 
     the grant to

[[Page 20038]]

     develop and implement outcome performance standards and 
     measurements for State abuse and neglect courts with respect 
     to the following areas:

       ``(I) Safety.
       ``(II) Permanency.
       ``(III) Due Process.
       ``(IV) Timeliness.

       ``(ii) Recommended standards.--Outcome performance 
     standards and measurements developed and implemented with 
     funds provided under a grant made under this subsection shall 
     be reasonably in accord with recommended standards and 
     measurements for the areas described in subclauses (I) 
     through (IV) of clause (ii) issued by national organizations 
     concerned with such standards and measurements.
       ``(2) Applications.--In order to be eligible for a grant 
     under this subsection, a highest State court shall submit to 
     the Secretary an application at such time, in such form, and 
     including such information and assurances as the Secretary 
     shall require.
       ``(3) Allotments.--
       ``(A) In general.--Each highest State court which has an 
     application approved under paragraph (2) shall be entitled to 
     payment for a fiscal year specified in paragraph (1) from the 
     amount appropriated pursuant to paragraph (4) for a fiscal 
     year of an amount equal to the sum of $85,000 plus the amount 
     described in subparagraph (B) for the fiscal year.
       ``(B) Formula.--The amount described in this subparagraph 
     for any fiscal year is the amount that bears the same ratio 
     to the amount appropriated pursuant to paragraph (4) for a 
     fiscal year (reduced by the dollar amount specified in 
     subparagraph (A) for the fiscal year) as the number of 
     individuals in the State who have not attained 21 years of 
     age bears to the total number of such individuals in all 
     States with highest State courts that have approved 
     applications under paragraph (2).
       ``(4)  Appropriation.--Out of any money in the Treasury of 
     the United States not otherwise appropriated, there are 
     appropriated for fiscal year 2006, $10,000,000 for making 
     grants under this subsection.''.

                    TITLE III--COURT MODEL STANDARDS

     SEC. 301. STANDARDS, TRAINING, AND TECHNICAL ASSISTANCE FOR 
                   ATTORNEYS.

       Section 471(a) of the Social Security Act (42 U.S.C. 
     671(a)), as amended by section 102(b), is amended--
       (1) in paragraph (25), by striking ``and'' at the end;
       (2) in paragraph (26), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(27) provides that, not later than January 1, 2009, the 
     State shall develop and encourage the implementation of 
     practice standards for all attorneys representing the State 
     or local agency administering the program under this part, 
     including standards regarding the interaction of such 
     attorneys with other attorneys who practice before an abuse 
     and neglect court.''.

     SEC. 302. LOAN FORGIVENESS FOR ATTORNEYS WHO REPRESENT LOW-
                   INCOME FAMILIES OR INDIVIDUALS INVOLVED IN THE 
                   FAMILY OR DOMESTIC RELATIONS COURT SYSTEM.

       (a) Purposes.--The purposes of this section are--
       (1) to encourage attorneys to enter the field of family 
     law, juvenile law, or domestic relations law;
       (2) to increase the number of attorneys who will represent 
     low-income families and individuals, and who are trained and 
     educated in such field; and
       (3) to keep more highly trained family law, juvenile law, 
     and domestic relations attorneys in those fields of law for 
     longer periods of time.
       (b) Loan Forgiveness for Family or Domestic Relations 
     Attorneys.--Part B of title IV of the Higher Education Act of 
     1965 (20 U.S.C. 1071 et seq.) is amended by inserting after 
     section 428K (20 U.S.C. 1078-11) the following:

     ``SEC. 428L. LOAN FORGIVENESS FOR FAMILY LAW, JUVENILE LAW, 
                   AND DOMESTIC RELATIONS ATTORNEYS WHO WORK IN 
                   THE DEFENSE OF LOW-INCOME FAMILIES, 
                   INDIVIDUALS, OR CHILDREN.

     ``(a) Definitions.--In this section:
       ``(1) Eligible loan.--The term `eligible loan' means a loan 
     made, insured, or guaranteed under this part or part D 
     (excluding loans made under section 428B or 428C, or 
     comparable loans made under part D) for attendance at a law 
     school.
       ``(2) Family law or domestic relations attorney.--The term 
     `family law or domestic relations attorney' means an attorney 
     who works in the field of family law or domestic relations, 
     including juvenile justice, truancy, child abuse or neglect, 
     adoption, domestic relations, child support, paternity, and 
     other areas which fall under the field of family law or 
     domestic relations law as determined by State law.
       ``(3) Highly qualified attorney.--The term `highly 
     qualified attorney' means an attorney who has at least 2 
     consecutive years of experience in the field of family or 
     domestic relations law serving as a representative of low-
     income families or minors.
       ``(b) Demonstration Program.--
       ``(1) In general.--The Secretary may carry out a 
     demonstration program of assuming the obligation to repay 
     eligible loans for any new borrower after the date of 
     enactment of this section who--
       ``(A) obtains a Juris Doctorate (JD) and takes not less 
     than 1 law school class in family law, juvenile law, domestic 
     relations law, or a class that the Secretary finds equivalent 
     to any such class pursuant to regulations prescribed by the 
     Secretary; and
       ``(B) has worked fulltime for a State or local government 
     entity, or a nonprofit private entity, as a family law or 
     domestic relations attorney on behalf of low-income 
     individuals in the family or domestic relations court system 
     for 2 consecutive years immediately preceding the year for 
     which the determination was made.
       ``(2) Award basis.--Loan repayment under this section shall 
     be on a first-come, first-served basis and subject to the 
     availability of appropriations.
       ``(3) Priority.--The Secretary shall give priority in 
     providing loan repayment under this section for a fiscal year 
     to student borrowers who received loan repayment under this 
     section for the preceding fiscal year.
       ``(c) Loan Repayment.--
       ``(1) In general.--For each eligible individual selected 
     for the demonstration program under subsection (b), the 
     Secretary shall assume the obligation to repay--
       ``(A) after the third consecutive year of employment 
     described in subparagraph (B) of subsection (b)(1), 20 
     percent of the total amount of all eligible loans;
       ``(B) after the fourth consecutive year of such employment, 
     30 percent of the total amount of all eligible loans; and
       ``(C) after the fifth consecutive year of such employment, 
     50 percent of the total amount of all eligible loans.
       ``(2) Construction.--Nothing in this section shall be 
     construed to authorize any refunding of any repayment of a 
     loan made under this part or part D.
       ``(3) Interest.--If a portion of a loan is repaid by the 
     Secretary under this section for any year, the proportionate 
     amount of interest on such loan that accrues for such year 
     shall be repaid by the Secretary.
       ``(4) Ineligibility of national service award recipients.--
     No student borrower may, for the same service, receive a 
     benefit under both this section and subtitle D of title I of 
     the National and Community Service Act of 1990 (42 U.S.C. 
     12601 et seq.).
       ``(d) Repayment to Eligible Lenders.--The Secretary shall 
     pay to each eligible lender or holder for each fiscal year an 
     amount equal to the aggregate amount of eligible loans which 
     are subject to repayment pursuant to this section for such 
     year.
       ``(e) Application for Repayment.--
       ``(1) In general.--Each eligible individual desiring loan 
     repayment under this section shall submit a complete and 
     accurate application to the Secretary at such time, in such 
     manner, and containing such information as the Secretary may 
     require.
       ``(2) Conditions.--An eligible individual may apply for 
     loan repayment under this section after completing each year 
     of qualifying employment. The borrower shall receive 
     forbearance while engaged in qualifying employment unless the 
     borrower is in deferment while so engaged.
       ``(f) Evaluation.--
       ``(1) In general.--The Secretary shall conduct, by grant or 
     contract, an independent national evaluation of the impact of 
     the demonstration program assisted under this section on the 
     field of family and domestic relations law.
       ``(2) Competitive basis.--The grant or contract described 
     in this subsection shall be awarded on a competitive basis.
       ``(3) Contents.--The evaluation described in this 
     subsection shall determine whether the loan forgiveness 
     program assisted under this section--
       ``(A) has increased the number of highly qualified 
     attorneys;
       ``(B) has contributed to increased time on the job for 
     family law or domestic relations attorneys, as measured by--
       ``(i) the length of time family law or domestic relations 
     attorneys receiving loan forgiveness under this section have 
     worked in the family law or domestic relations field; and
       ``(ii) the length of time family law or domestic relations 
     attorneys continue to work in such field after the attorneys 
     meet the requirements for loan forgiveness under this 
     section;
       ``(C) has increased the experience and the quality of 
     family law or domestic relations attorneys; and
       ``(D) has contributed to better family outcomes, as 
     determined after consultation with the Secretary of Health 
     and Human Services and the Attorney General.
       ``(4) Interim and final evaluation reports.--The Secretary 
     shall prepare and submit to the President and Congress such 
     interim reports regarding the evaluation described in this 
     section as the Secretary determines appropriate, and shall 
     prepare and submit a final report regarding the evaluation by 
     September 30, 2010.
       ``(g) Regulations.--The Secretary is authorized to 
     prescribe such regulations as

[[Page 20039]]

     may be necessary to carry out the provisions of this section.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $20,000,000 for fiscal year 2006, and such sums as are 
     necessary for each of the 4 succeeding fiscal years.''.

     SEC. 303. LOAN FORGIVENESS TO SOCIAL WORKERS WHO WORK FOR 
                   CHILD PROTECTIVE AGENCIES.

       Part B of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1071 et seq.) is amended by inserting after section 
     428K (20 U.S.C. 1078-11) the following:

     ``SEC. 428L. LOAN FORGIVENESS FOR CHILD WELFARE WORKERS.

       ``(a) Purposes.--The purposes of this section are--
       ``(1) to bring more highly trained individuals into the 
     child welfare profession; and
       ``(2) to keep more highly trained child welfare workers in 
     the child welfare field for longer periods of time.
       ``(b) Definitions.--In this section:
       ``(1) Child welfare services.--The term `child welfare 
     services' has the meaning given the term in section 425 of 
     the Social Security Act.
       ``(2) Child welfare agency.--The term `child welfare 
     agency' means the State agency responsible for administering 
     subpart 1 of part B of title IV of the Social Security Act 
     and any public or private agency under contract with the 
     State agency to provide child welfare services.
       ``(3) Institution of higher education.--The term 
     `institution of higher education' has the meaning given the 
     term in section 101.
       ``(4) State.--The term `State' has the meaning given the 
     term in section 1101(a)(1) of the Social Security Act for 
     purposes of title IV of such Act, and includes an Indian 
     tribe.
       ``(c) Demonstration Program.--
       ``(1) In general.--The Secretary may carry out a 
     demonstration program of assuming the obligation to repay, 
     pursuant to subsection (d), a loan made, insured, or 
     guaranteed under this part or part D (excluding loans made 
     under sections 428B and 428C, or comparable loans made under 
     part D) for any new borrower after the date of enactment of 
     this section, who--
       ``(A) obtains a bachelor's or master's degree in social 
     work;
       ``(B) obtains employment in public or private child welfare 
     services; and
       ``(C) has worked full time as a social worker for 2 
     consecutive years preceding the year for which the 
     determination is made.
       ``(2) Award basis; priority.--
       ``(A) Award basis.--Subject to subparagraph (B), loan 
     repayment under this section shall be on a first-come, first-
     served basis and subject to the availability of 
     appropriations.
       ``(B) Priority.--The Secretary shall give priority in 
     providing loan repayment under this section for a fiscal year 
     to student borrowers who received loan repayment under this 
     section for the preceding fiscal year.
       ``(3) Outreach.--The Secretary shall post a notice on a 
     Department Internet Web site regarding the availability of 
     loan repayment under this section, and shall notify 
     institutions of higher education regarding the availability 
     of loan repayment under this section.
       ``(4) Regulations.--The Secretary is authorized to 
     prescribe such regulations as may be necessary to carry out 
     the provisions of this section.
       ``(d) Loan Repayment.--
       ``(1) In general.--For each eligible individual selected 
     for the demonstration program under subsection (c), the 
     Secretary shall assume the obligation to repay--
       ``(A) after the third consecutive year of employment 
     described in subsection (c)(1)(C), 20 percent of the total 
     amount of all loans made under this part or part D (excluding 
     loans made under section 428B or 428C, or comparable loans 
     made under part D) for any new borrower after the date of 
     enactment of this section;
       ``(B) after the fourth consecutive year of such employment, 
     30 percent of the total amount of such loans; and
       ``(C) after the fifth consecutive year of such employment, 
     50 percent of the total amount of such loans.
       ``(2) Construction.--Nothing in this section shall be 
     construed to authorize the refunding of any repayment of a 
     loan made under this part or part D.
       ``(3) Interest.--If a portion of a loan is repaid by the 
     Secretary under this section for any year, the proportionate 
     amount of interest on such loan which accrues for such year 
     shall be repaid by the Secretary.
       ``(4) Special rule.--In the case of a student borrower not 
     participating in loan repayment pursuant to this section who 
     returns to an institution of higher education after 
     graduation from an institution of higher education for the 
     purpose of obtaining a degree described in subsection 
     (c)(1)(A), the Secretary may assume the obligation to repay 
     the total amount of loans made under this part or part D 
     incurred for returning to an institution of higher education 
     for the purpose of obtaining such a degree for a maximum of 2 
     academic years. Such loans shall only be repaid for borrowers 
     who qualify for loan repayment pursuant to the provisions of 
     this section, and shall be repaid in accordance with the 
     provisions of paragraph (1).
       ``(5) Ineligibility of national service award recipients.--
     No student borrower may, for the same service, receive a 
     benefit under both this section and subtitle D of title I of 
     the National and Community Service Act of 1990 (42 U.S.C. 
     12601 et seq.).
       ``(e) Repayment to Eligible Lenders.--The Secretary shall 
     pay to each eligible lender or holder for each fiscal year an 
     amount equal to the aggregate amount of loans that are 
     subject to repayment pursuant to this section for such year.
       ``(f) Application for Repayment.--
       ``(1) In general.--Each eligible individual desiring loan 
     repayment under this section shall submit a complete and 
     accurate application to the Secretary at such time, in such 
     manner, and containing such information as the Secretary may 
     require.
       ``(2) Conditions.--An eligible individual may apply for 
     loan repayment under this section after completing each year 
     of qualifying employment. The borrower shall receive 
     forbearance while engaged in qualifying employment unless the 
     borrower is in deferment while so engaged.
       ``(g) Evaluation.--
       ``(1) In general.--The Secretary shall conduct, by grant or 
     contract, an independent national evaluation of the impact of 
     the demonstration program assisted under this section on the 
     field of child welfare services.
       ``(2) Competitive basis.--The grant or contract described 
     in paragraph (1) shall be awarded on a competitive basis.
       ``(3) Contents.--The evaluation described in this 
     subsection shall determine--
       ``(A) whether the loan forgiveness program has increased 
     child welfare workers' education in the areas covered by loan 
     forgiveness;
       ``(B) whether the loan forgiveness program has contributed 
     to increased time on the job for child welfare workers as 
     measured by--
       ``(i) the length of time child welfare workers receiving 
     loan forgiveness have worked in the child welfare field; and
       ``(ii) the length of time such workers continue to work in 
     such field after the workers meet the requirements for loan 
     forgiveness under this section; and
       ``(C) whether the loan forgiveness program has increased 
     the experience and quality of child welfare workers and has 
     contributed to increased performance in the outcomes of child 
     welfare services in terms of child well-being, permanency, 
     and safety, as determined after consultation with the 
     Secretary of Health and Human Services.
       ``(4) Interim and final evaluation reports.--The Secretary 
     shall prepare and submit to the President and Congress such 
     interim reports regarding the evaluation described in this 
     subsection as the Secretary determines appropriate, and shall 
     prepare and so submit a final report regarding the evaluation 
     by September 30, 2010.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $20,000,000 for fiscal year 2006, and such sums as may be 
     necessary for each of the 4 succeeding fiscal years.''.

     SEC. 304. REAUTHORIZATION OF COURT-APPOINTED SPECIAL ADVOCATE 
                   (CASA) PROGRAMS AND INCREASED FUNDING FOR 
                   EXPANSION IN RURAL AND UNDERSERVED URBAN AREAS.

       (a) In General.--Section 218(a) of the Victims of Child 
     Abuse Act of 1990 (42 U.S.C. 13014(a)) is amended by striking 
     ``$12,000,000 for each of fiscal years 2001 through 2005'' 
     and inserting ``$17,000,000 for each of fiscal years 2006 
     through 2010''.
       (b) Grants for Expansion in Rural and Underserved Urban 
     Areas.--Section 217(c)(3) of the Victims of Child Abuse Act 
     of 1990 (42 U.S.C. 13013(c)(3)) is amended--
       (1) by inserting ``(A)'' after ``(3)''; and
       (2) by adding at the end the following:
       ``(B) Of the amount appropriated for each of fiscal years 
     2006 through 2010 to carry out this subtitle, the 
     Administrator shall use not less than $5,000,000 of such 
     amount to make grants for the purpose of developing or 
     expanding court-appointed special advocate programs in rural 
     and underserved urban areas.''.

   TITLE IV--CLARIFICATION ON STATE FLEXIBILITY FOR PUBLIC ACCESS TO 
                                 COURTS

     SEC. 401. CLARIFICATION ON STATE FLEXIBILITY FOR PUBLIC 
                   ACCESS TO COURTS.

       Section 471 of the Social Security Act (42 U.S.C. 671) is 
     amended--
       (1) in paragraph (8) of subsection (a), by inserting 
     ``subject to subsection (c),'' after ``(8)''; and
       (2) by adding at the end the following:
       ``(c) Nothing in paragraph (8) of subsection (a) shall be 
     construed to limit the flexibility of a State to determine 
     State policies relating to the public access to court 
     proceedings to determine child abuse or neglect or other 
     court hearings held pursuant to requirements under this part 
     or part B, except that such policies shall, at a minimum, 
     ensure the safety and well-being of the child, parents, and 
     family.''.

                       TITLE V--COURT LEADERSHIP

     SEC. 501. SENSE OF THE SENATE REGARDING STATE COURT 
                   LEADERSHIP.

       (a) Sense of the Senate.--It is the sense of the Senate 
     that the Chief Justice for each State and other State court 
     leadership should take the lead in providing for the

[[Page 20040]]

     health, safety, and permanency of children before State abuse 
     and neglect courts through measures such as the following:
       (1) Establishing an office on children before State abuse 
     and neglect courts within the State administrative office of 
     the courts.
       (2) Organizing State courts so that abuse and neglect cases 
     are heard in dedicated courts or departments, rather than in 
     departments with jurisdiction over multiple issues, where 
     feasible.
       (3) Actively promoting--
       (A) resource, workload, and training standards for abuse 
     and neglect court judges, attorneys, and other court 
     personnel;
       (B) standards of practice for abuse and neglect court 
     judges; and
       (C) codes of judicial conduct that support the practices of 
     problem-solving courts such as abuse and neglect courts.
       (4) Establishing State court procedures that enable and 
     encourage judges who have demonstrated competence in 
     proceedings before State abuse and neglect courts to build 
     careers on serving on such courts.
       (b) Definition of Abuse and Neglect Court.--In this 
     section, the term ``abuse and neglect court'' has the meaning 
     given that term in section 475(8) of the Social Security Act 
     (as added by section 101(d)).

   TITLE VI--SAFE AND TIMELY INTERSTATE PLACEMENT OF FOSTER CHILDREN

     SEC. 601. SENSE OF CONGRESS.

       (a) Finding.--Congress finds that the Interstate Compact on 
     the Placement of Children (ICPC) was drafted more than 40 
     years ago, is outdated, and is a barrier to the timely 
     placement of children across State lines.
       (b) Sense of Congress.--It is the sense of Congress that 
     the States should expeditiously revise the ICPC to better 
     serve the interests of children and reduce unnecessary work, 
     and that the revision should include--
       (1) limiting its applicability to children in foster care 
     under the responsibility of a State, except those seeking 
     placement in a licensed residential facility primarily to 
     access clinical mental health services; and
       (2) providing for deadlines for the completion and approval 
     of home studies as set forth in the amendments made by 
     section 603.

     SEC. 602. ORDERLY AND TIMELY PROCESS FOR INTERSTATE PLACEMENT 
                   OF CHILDREN.

       Section 471(a) of the Social Security Act (42 U.S.C. 
     671(a)), as amended by section 301, is amended--
       (1) by striking ``and'' at the end of paragraph (24);
       (2) by striking the period at the end of paragraph (25) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(26) provide that the State shall have in effect 
     procedures for the orderly and timely interstate placement of 
     children, and procedures implemented in accordance with an 
     interstate compact approved by the Secretary, if 
     incorporating with the procedures prescribed by paragraph 
     (27), shall be considered to satisfy the requirement of this 
     paragraph.''.

     SEC. 603. HOME STUDIES.

       (a) Orderly Process.--
       (1) In general.--Section 471(a) of the Social Security Act 
     (42 U.S.C. 671(a)), as amended by section 602, is amended--
       (A) by striking ``and'' at the end of paragraph (25);
       (B) by striking the period at the end of paragraph (26) and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(27) provides that--
       ``(A)(i) within 60 days after the State receives from 
     another State a request to conduct a study of a home 
     environment for purposes of assessing the appropriateness of 
     placing a child in the home, the State shall, directly or by 
     contract--
       ``(I) conduct and complete the study; and
       ``(II) return to the other State a report on the results of 
     the study, which shall address the extent to which placement 
     in the home would meet the needs of the child; and
       ``(ii) in the case of a home study begun on or before 
     September 30, 2007, if the State fails to comply with clause 
     (i) within the 60-day period as a result of circumstances 
     beyond the control of the State (such as a failure by a 
     Federal agency to provide the results of a background check, 
     or the failure by any entity to provide completed medical 
     forms, requested by the State at least 45 days before the end 
     of the 60-day period), the State shall have 75 days to comply 
     with clause (i) if the State documents the circumstances 
     involved and certifies that completing the home study is in 
     the best interests of the child; except that
       ``(iii) this subparagraph shall not be construed to require 
     the State to have completed, within the applicable period, 
     the parts of the home study involving the education and 
     training of the prospective foster or adoptive parents;
       ``(B) the State shall treat any report described in 
     subparagraph (A) that is received from another State or an 
     Indian tribe (or from a private agency under contract with 
     another State) as meeting any requirements imposed by the 
     State for the completion of a home study before placing a 
     child in the home, unless, within 14 days after receipt of 
     the report, the State determines, based on grounds that are 
     specific to the content of the report, that making a decision 
     in reliance on the report would be contrary to the welfare of 
     the child; and
       ``(C) the State shall not impose any restriction on the 
     ability of a State agency administering, or supervising the 
     administration of, a State program operated under a State 
     plan approved under this part to contract with a private 
     agency for the conduct of a home study described in 
     subparagraph (A).''.
       (2) Sense of congress.--It is the sense of Congress that 
     each State should--
       (A) use private agencies to conduct home studies when doing 
     so is necessary to meet the requirements of section 
     471(a)(27) of the Social Security Act; and
       (B) give full faith and credit to any home study report 
     completed by any other State or an Indian tribe with respect 
     to the placement of a child in foster care or for adoption.
       (b) Timely Interstate Home Study Incentive Payments.--Part 
     E of title IV of the Social Security Act (42 U.S.C. 670-679b) 
     is amended by inserting after section 473A the following:

     ``SEC. 473B. TIMELY INTERSTATE HOME STUDY INCENTIVE PAYMENTS.

       ``(a) Grant Authority.--The Secretary shall make a grant to 
     each State that is a home study incentive-eligible State for 
     a fiscal year in an amount equal to the timely interstate 
     home study incentive payment payable to the State under this 
     section for the fiscal year, which shall be payable in the 
     immediately succeeding fiscal year.
       ``(b) Home Study Incentive-Eligible State.--A State is a 
     home study incentive-eligible State for a fiscal year if--
       ``(1) the State has a plan approved under this part for the 
     fiscal year;
       ``(2) the State is in compliance with subsection (c) for 
     the fiscal year; and
       ``(3) based on data submitted and verified pursuant to 
     subsection (c), the State has completed a timely interstate 
     home study during the fiscal year.
       ``(c) Data Requirements.--
       ``(1) In general.--A State is in compliance with this 
     subsection for a fiscal year if the State has provided to the 
     Secretary a written report, covering the preceding fiscal 
     year, that specifies--
       ``(A) the total number of interstate home studies requested 
     by the State with respect to children in foster care under 
     the responsibility of the State and, with respect to each 
     such study, the identity of the other State involved; and
       ``(B) the total number of timely interstate home studies 
     completed by the State with respect to children in foster 
     care under the responsibility of other States and, with 
     respect to each such study, the identity of the other State 
     involved.
       ``(2) Verification of data.--In determining the number of 
     timely interstate home studies to be attributed to a State 
     under this section, the Secretary shall check the data 
     provided by the State under paragraph (1) against 
     complementary data so provided by other States.
       ``(d) Timely Interstate Home Study Incentive Payments.--
       ``(1) In general.--The timely interstate home study 
     incentive payment payable to a State for a fiscal year shall 
     be $1,500 multiplied by the number of timely interstate home 
     studies attributed to the State under this section during the 
     fiscal year, subject to paragraph (2).
       ``(2) Pro rata adjustment if insufficient funds 
     available.--If the total amount of timely interstate home 
     study incentive payments otherwise payable under this section 
     for a fiscal year exceeds the total of the amounts made 
     available pursuant to subsection (h) for the fiscal year 
     (reduced (but not below zero) by the total of the amounts (if 
     any) payable under paragraph (3) of this subsection with 
     respect to the preceding fiscal year), the amount of each 
     such otherwise payable incentive payment shall be reduced by 
     a percentage equal to--
       ``(A) the total of the amounts so made available (as so 
     reduced); divided by
       ``(B) the total of such otherwise payable incentive 
     payments.
       ``(3) Appropriations available for unpaid incentive 
     payments for prior fiscal years.--
       ``(A) In general.--If payments under this section are 
     reduced under paragraph (2) or subparagraph (B) of this 
     paragraph for a fiscal year, then, before making any other 
     payment under this section for the next fiscal year, the 
     Secretary shall pay each State whose payment was so reduced 
     an amount equal to the total amount of the reductions which 
     applied to the State, subject to subparagraph (B) of this 
     paragraph.
       ``(B) Pro rata adjustment if insufficient funds 
     available.--If the total amount of payments otherwise payable 
     under subparagraph (A) of this paragraph for a fiscal year 
     exceeds the total of the amounts made available pursuant to 
     subsection (h) for the fiscal year, the amount of each such 
     payment shall be reduced by a percentage equal to--
       ``(i) the total of the amounts so made available; divided 
     by
       ``(ii) the total of such otherwise payable payments.
       ``(e) Two-Year Availability of Incentive Payments.--
     Payments to a State under this section in a fiscal year shall 
     remain available for use by the State through the end of the 
     next fiscal year.
       ``(f) Limitations on Use of Incentive Payments.--A State 
     shall not expend an amount

[[Page 20041]]

     paid to the State under this section except to provide to 
     children or families any service (including post-adoption 
     services) that may be provided under part B or E. Amounts 
     expended by a State in accordance with the preceding sentence 
     shall be disregarded in determining State expenditures for 
     purposes of Federal matching payments under sections 423, 
     434, and 474.
       ``(g) Definitions.--In this section:
       ``(1) Home study.--The term `home study' means a study of a 
     home environment, conducted in accordance with applicable 
     requirements of the State in which the home is located, for 
     the purpose of assessing whether placement of a child in the 
     home would be appropriate for the child.
       ``(2) Interstate home study.--The term `interstate home 
     study' means a home study conducted by a State at the request 
     of another State, to facilitate an adoptive or relative 
     placement in the State.
       ``(3) Timely interstate home study.--The term `timely 
     interstate home study' means an interstate home study 
     completed by a State if the State provides to the State that 
     requested the study, within 30 days after receipt of the 
     request, a report on the results of the study. The preceding 
     sentence shall not be construed to require the State to have 
     completed, within the 30-day period, the parts of the home 
     study involving the education and training of the prospective 
     foster or adoptive parents.
       ``(h) Limitations on Authorization of Appropriations.--
       ``(1) In general.--For payments under this section, there 
     are authorized to be appropriated to the Secretary, 
     $10,000,000 for each of fiscal years 2006 through 2009.--
       ``(2) Availability.--Amounts appropriated under paragraph 
     (1) are authorized to remain available until expended.''.
       (c) Repealer.--Effective October 1, 2009, section 473B of 
     the Social Security Act is repealed.

     SEC. 604. REQUIREMENT TO COMPLETE BACKGROUND CHECKS BEFORE 
                   APPROVAL OF ANY FOSTER OR ADOPTIVE PLACEMENT 
                   AND TO CHECK CHILD ABUSE REGISTRIES; 
                   GRANDFATHER OF OPT-OUT ELECTION; LIMITED 
                   NONAPPLICATION.

       Section 471(a)(20) of the Social Security Act (42 U.S.C. 
     671(a)(20)) is amended--
       (1) in subparagraph (A)--
       (A) in the matter preceding clause (i)--
       (i) by striking ``unless an election provided for in 
     subparagraph (B) is made with respect to the State'' and 
     inserting ``except as provided in clause (iii)'';
       (ii) by striking ``on whose behalf foster care maintenance 
     payments or adoption assistance payments are to be made'' and 
     inserting ``regardless of whether foster care maintenance 
     payments or adoption assistance payments are to be made on 
     behalf of the child'';
       (B) in each of clauses (i) and (ii), by inserting 
     ``involving a child on whose behalf such payments are to be 
     so made'' after ``in any case''; and
       (C) by striking ``and'' at the end of clause (ii); and
       (D) by adding at the end the following:
       ``(iii) clauses (i) and (ii) shall not apply to the State 
     if--
       ``(I) the State elected on or before September 30, 2005, to 
     make this subparagraph (as in effect on or before such date) 
     inapplicable to the State; or
       ``(II) a record check conducted in accordance with clause 
     (i) or (ii) which reveals a felony conviction or crime 
     described in such clause and is the basis for denying a 
     placement would conflict with a requirement of State's 
     constitution; and'';
       (2) by striking subparagraph (B) and inserting the 
     following:
       ``(B) provides that the State shall--
       ``(i) check any child abuse and neglect registry maintained 
     by the State for information on any prospective foster or 
     adoptive parent and on any other adult living in the home of 
     such a prospective parent, and request any other State in 
     which any such prospective parent or other adult has resided 
     in the preceding 5 years, to enable the State to check any 
     child abuse and neglect registry maintained by such other 
     State for such information, before the prospective foster or 
     adoptive parent may be finally approved for placement of a 
     child, regardless of whether foster care maintenance payments 
     or adoption assistance payments are to be made on behalf of 
     the child under the State plan under this part;
       ``(ii) comply with any request described in clause (i) that 
     is received from another State;
       ``(iii) have in place safeguards to prevent the 
     unauthorized disclosure of information in any child abuse and 
     neglect registry maintained by the State, and to prevent any 
     such information obtained pursuant to this subparagraph from 
     being used for a purpose other than the conducting of 
     background checks in foster or adoptive placement cases; and
       ``(iv) not deny a placement on the basis of information 
     determined as a result of a check conducted in accordance 
     with clause (i) or (ii) if denying a placement on such basis 
     would conflict with a requirement of a State's 
     constitution;''.

     SEC. 605. COURTS ALLOWED ACCESS TO THE FEDERAL PARENT LOCATOR 
                   SERVICE TO LOCATE PARENTS IN FOSTER CARE OR 
                   ADOPTIVE PLACEMENT CASES.

       Section 453(c) of the Social Security Act (42 U.S.C. 
     653(c)) is amended--
       (1) by striking ``and'' at the end of paragraph (3);
       (2) by striking the period and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(5) any court which has authority with respect to the 
     placement of a child in foster care or for adoption, but only 
     for the purpose of locating a parent of the child.''.

     SEC. 606. CASEWORKER VISITS.

       (a) Purchase of Services in Interstate Placement Cases.--
     Section 475(5)(A)(ii) of the Social Security Act (42 U.S.C. 
     675(5)(A)(ii)) is amended by striking ``or of the State in 
     which the child has been placed'' and inserting ``of the 
     State in which the child has been placed, or of a private 
     agency under contract with either such State''.
       (b) Increased Visits.--Section 475(5)(A)(ii) of such Act 
     (42 U.S.C. 675(5)(A)(ii)) is amended by striking ``12'' and 
     inserting ``6''.

     SEC. 607. HEALTH AND EDUCATION RECORDS.

       Section 475 of the Social Security Act (42 U.S.C. 675) is 
     amended--
       (1) in paragraph (1)(C)--
       (A) by striking ``To the extent available and accessible, 
     the'' and inserting ``The''; and
       (B) by inserting ``the most recent information available 
     regarding'' after ``including''; and
       (2) in paragraph (5)(D)--
       (A) by inserting ``a copy of the record is'' before 
     ``supplied''; and
       (B) by inserting ``, and is supplied to the child at no 
     cost at the time the child leaves foster care if the child is 
     leaving foster care by reason of having attained the age of 
     majority under State law'' before the semicolon.

     SEC. 608. RIGHT TO BE HEARD IN FOSTER CARE PROCEEDINGS.

       (a) In General.--Section 475(5)(G) of the Social Security 
     Act (42 U.S.C. 675(5)(G)) is amended--
       (1) by striking ``an opportunity'' and inserting ``a 
     right'';
       (2) by striking ``and opportunity'' and inserting ``and 
     right''; and
       (3) by striking ``review or hearing'' each place it appears 
     and inserting ``proceeding''.
       (b) Notice of Proceeding.--Section 438(b) of such Act (42 
     U.S.C. 638(b)) is amended by inserting ``shall have in effect 
     a rule requiring State courts to ensure that foster parents, 
     preadoptive parents, and relative caregivers of a child in 
     foster care under the responsibility of the State are 
     notified of any proceeding to be held with respect to the 
     child, and'' after ``highest State court''.

     SEC. 609. COURT IMPROVEMENT.

       Section 438(a)(1) of the Social Security Act (42 U.S.C. 
     629h(a)(1)) is amended--
       (1) by striking ``and'' at the end of subparagraph (C); and
       (2) by adding at the end the following:
       ``(E) that determine the best strategy to use to expedite 
     the interstate placement of children, including--
       ``(i) requiring courts in different States to cooperate in 
     the sharing of information;
       ``(ii) authorizing courts to obtain information and 
     testimony from agencies and parties in other States without 
     requiring interstate travel by the agencies and parties; and
       ``(iii) permitting the participation of parents, children, 
     other necessary parties, and attorneys in cases involving 
     interstate placement without requiring their interstate 
     travel; and''.

     SEC. 610. REASONABLE EFFORTS.

       (a) In General.--Section 471(a)(15)(C) of the Social 
     Security Act (42 U.S.C. 671(a)(15)(C)) is amended by 
     inserting ``(including, if appropriate, through an interstate 
     placement)'' after ``accordance with the permanency plan''.
       (b) Permanency Hearing.--Section 471(a)(15)(E)(i) of such 
     Act (42 U.S.C. 671(a)(15)(E)(i)) is amended by inserting ``, 
     which considers in-State and out-of-State permanent placement 
     options for the child,'' before ``shall''.
       (c) Concurrent Planning.--Section 471(a)(15)(F) of such Act 
     (42 U.S.C. 671(a)(15)(F)) is amended by inserting ``, 
     including identifying appropriate out-of-State relatives and 
     placements'' before ``may''.

     SEC. 611. CASE PLANS.

       Section 475(1)(E) of the Social Security Act (42 U.S.C. 
     675(1)(E)) is amended by inserting ``to facilitate orderly 
     and timely in-State and interstate placements'' before the 
     period.

     SEC. 612. CASE REVIEW SYSTEM.

       Section 475(5)(C) of the Social Security Act (42 U.S.C. 
     675(5)(C)) is amended--
       (1) by inserting ``, in the case of a child who will not be 
     returned to the parent, the hearing shall consider in-State 
     and out-of-State placement options,'' after ``living 
     arrangement''; and
       (2) by inserting ``the hearing shall determine'' before 
     ``whether the''.

     SEC. 613. USE OF INTERJURISDICTIONAL RESOURCES.

       Section 422(b)(12) of the Social Security Act (42 U.S.C. 
     622(b)(12)) is amended--
       (1) by striking ``develop plans for the'' and inserting 
     ``make'';

[[Page 20042]]

       (2) by inserting ``(including through contracts for the 
     purchase of services)'' after ``resources''; and
       (3) by inserting ``, and shall eliminate legal barriers,'' 
     before ``to facilitate''.

                       TITLE VII--EFFECTIVE DATE

     SEC. 701. EFFECTIVE DATE.

       (a) In General.--Except as otherwise provided in this 
     section, the amendments made by this Act shall take effect on 
     October 1, 2005, and shall apply to payments under parts B 
     and E of title IV of the Social Security Act for calendar 
     quarters beginning on or after such date, without regard to 
     whether regulations to implement the amendments are 
     promulgated by such date.
       (b) Delay Permitted If State Legislation Required.--If the 
     Secretary of Health and Human Services determines that State 
     legislation (other than legislation appropriating funds) is 
     required in order for a State plan under part B or 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 1st regular session 
     of the State legislature that begins after the date of 
     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. ROCKEFELLER. Mr. President, I am proud to join my friend and 
colleague, Senator Mike DeWine in introducing new legislation to 
promote better cooperation and collaboration between the courts and 
State agencies serving abused and neglected children. Our bill also 
seeks to improve the process for children to be adopted between two 
States, and gain a safe, permanent home that is one of the priorities 
established in the 1997 Adoption and Safe Families Act. Our bill is 
named Working to Enhance Courts for At-Risk and Endangered Kids Act of 
2005, WE CARE, Kids.
  Senator DeWine and I have worked for years in bipartisan coalition to 
improve services and policies for our most vulnerable children, nearly 
500,000 children who are in the foster care system. These children 
deserve our attention and our compassion. Through no fault of their 
own, such children are placed in foster care for their safety. They 
need to be safe, but they also need prompt and good decisions made for 
their long-term future and stability. Whenever possible, we should 
invest to help restore the family and reunite the children with their 
families if we know that they will be safe. In some cases, legal 
guardianship or adoption are the best options for the child. It is 
essential to make good decisions in a timely manner for such children. 
The social services agencies and the courts truly must work together on 
such cases.
  Recently the bipartisan Pew Commission on Children in Foster Care 
issued a thoughtful report with recommendations on how to strengthen 
the courts serving children in foster care. The Commission was led by 
former Congressman Bill Frenzel and co-chaired by former Congressman 
Bill Gray. It includes a wide range of leaders and experts. The 
commission did a careful review of the role of the courts in serving 
children in foster care, and it issued a series of recommendations. We 
are grateful for this report and relied on many of their 
recommendations in crafting this legislation. As always, we hope to 
forge bipartisan consensus on ways to move this bill forward.
  The legislation also includes a provision to promote inter-state 
adoptions. With modern technology, caring families from one State may 
learn of a child in a foster care system in another State who is 
seeking adoption. When this happens, we need to be careful and thorough 
in accessing information to ensure the right placement. But we also 
must be sure that bureaucratic paperwork does not unnecessarily delay 
an adoption.
  In West Virginia, there are about 80 children in our State foster 
care system ready for adoption; nationwide 118,000 children are in 
foster care and waiting for a safe permanent home. The wake of 
Hurricane Katrina and the Meth Epidemic in regions of our country, 
tragically could make these numbers increase. We must improve our 
system to do the best we can for these vulnerable children. Passing the 
WE CARE, Kids Act could be an important step forward.
                                 ______
                                 
      By Mr. CORNYN:
  S. 1680. A bill to reform the issuance of national security letters; 
to the Committee on the Judiciary.
  Mr. CORNYN. Mr. President, it has been nearly 4 years since the 
terrorist attacks of September 11, 2001. In the days, weeks, and months 
since that day, the American people have braced themselves for the 
possibility of another terrorist attack on our homeland. After all, we 
know all too well that al Qaeda is a stealthy, sophisticated, and 
patient enemy, and that its leadership is extremely motivated to launch 
another devastating attack on American citizens and American soil.
  In fact, outside the United States, al Qaeda and affiliates of al 
Qaeda have continued to be remarkably active, responsible for numerous 
terrorist attacks over the last few years, spanning the globe from 
Pakistan to Bali to Spain to London.
  It is precisely because al Qaeda is so aggressive, so motivated, and 
so demonstrably hostile to America that I am so grateful that, to date, 
al Qaeda still has not successfully launched another terrorist attack 
on our soil. There are undoubtedly many reasons for this. First and 
foremost, I am profoundly thankful to the brave men and women of our 
Armed Forces, who fight the terrorists abroad so that we do not have to 
face them at home. I also firmly believe that our efforts to strengthen 
anti-terrorism and law enforcement tools right here at home have much 
to do with this record of success and peace in our homeland to date.
  The war on terrorism must be fought aggressively--but consistent with 
the protection of civil rights and civil liberties. Whenever real civil 
liberties problems do arise, we must learn about them right away, so 
that we can fix them swiftly.
  Last year, Federal judge struck down a portion of the Electronic 
Communications Privacy Act of 1986. This law balanced the national 
interest in protecting electronic communications privacy against the 
legitimate needs of national security, by establishing a procedure for 
obtaining electronic communications records in certain national 
security investigations through the use of so-called ``national 
security letters.'' The USA PATRIOT Act amended the law to make clear 
that such letters could be issued in terrorism investigations as well.
  This provision was passed by the Senate on a voice vote, and shortly 
thereafter it passed the House by unanimous consent.
  The primary reason the court struck down this provision was that the 
right to judicial review was not expressly written into the text of the 
law. It is important to note that the ability to scrutinize the 
issuance of national security letters was not actually disputed by the 
government. To the contrary, the Justice Department agreed that there 
should be judicial review. The court simply concluded that the 1986 law 
was not drafted with sufficient clarity to authorize such review.
  I have previously introduced legislation to remedy the defects noted 
by the District Judge. That legislation amended the Electronic 
Communications Privacy Act to make explicit the availability of 
judicial review to examine national security letters. However, national 
security letters are also available outside the Title 18 context. For 
instance, Title 15 allows the government to obtain consumer information 
maintained by consumer reporting agencies; Title 12 allows the 
government to obtain the financial records maintained by financial 
institutions; and Title 50 allows the government to obtain records 
about persons with access to classified information who may have 
disclosed classified information to a foreign power.
  It is important to make sure that the right to judicial review is 
statutorily available in all national security letter contexts. The 
bill I am introducing today expressly authorizes a recipient to 
challenge any national security letter in court. It also: details the 
procedure the government must follow to substantiate its use of a 
national security letter; allows the government to present classified 
information to the court so that it can properly evaluate

[[Page 20043]]

the challenge; and specifies that a recipient of a national security 
letter may consult with legal counsel about its obligations.
  I hope that this legislation will be enacted in the same bipartisan 
spirit that put both the Electronic Communications Privacy Act and the 
USA PATRIOT Act on the books.
                                 ______
                                 
      By Mr. OBAMA (for himself, Mr. Bayh, Mr. Harkin, Mr. Levin, Mr. 
        Corzine, Mr. Feingold, Mr. Bingaman, Mr. Kennedy, Mrs. Murray, 
        and Mr. Salazar):
  S. 1685. A bill to ensure the evacuation of individuals with special 
needs in times of emergency; to the Committee on Homeland Security and 
Governmental Affairs.
  Mr. OBAMA. Mr. President, one of the most striking things about the 
devastation caused by Hurricane Katrina is that the majority of 
stranded victims were our society's most vulnerable members--low-income 
families, the elderly, the homeless, the disabled. Many did not own 
cars. Many believed themselves unable to flee the city, unable to 
forego the income from missed work, unable to incur the expenses of 
travel, food and lodging. Some may have misunderstood the severity of 
the warnings, if they heard the warnings at all. Some may have needed 
help that was unavailable. Whatever the reason, they were not evacuated 
and we have seen the horrific results.
  This failure to evacuate so many of the most desperate citizens of 
the Gulf Coast leads me to introduce today a bill to require states and 
the nation to consider the needs of our neediest citizens in times of 
emergency.
  It appears that certain assumptions were made in planning and 
preparing for the worst case scenario in the Gulf Coast. After all, 
most of those who could afford to evacuate managed to do so. They drove 
out of town and checked into hotels or stayed with friends and family. 
But what about the thousands of people left behind because they had 
special needs?
  How many of us will forget the tragedy that occurred at St. Rita's 
Nursing Home in St. Bernard Parish, LA, where an estimated 32 of the 60 
residents perished in the rising floodwaters in the aftermath of 
Hurricane Katrina?
  Our charge as public servants is to worry about all of the people. I 
am troubled that our emergency response and disaster plans were 
inadequate for large segments of the Gulf Coast population. I wonder 
whether the plans in other regions are adequate. Perfect evacuation 
planning is obviously impractical, but greater advance preparation can 
ensure that the most vulnerable are not simply forgotten or ignored.
  That's why the bill I am introducing today, along with co-sponsors 
Senators Bayh, Murray, Harkin, Levin, Corzine, Feingold, Bingaman and 
Kennedy, requires the Secretary of the Department of Homeland Security 
to mandate each State to include plans for the evacuation of 
individuals with special needs during times of emergency. Such plans 
should not only include an explanation of how these people--low income 
individuals and families, the elderly, the disabled, those who cannot 
speak English--will be evacuated out of the emergency area and how the 
states will provide shelter, food, and water, to these people once 
evacuated.
  Communities with special needs may be more challenging to 
accommodate, but they are every bit as important to protect and serve 
in the event of an emergency.
  What we saw in the Gulf Coast cannot be repeated. We may not be able 
to control the wrath of Mother Nature, but we can control how we 
prepare for natural disasters.
  I hope my colleagues will join me in supporting this legislation.

                          ____________________