[109th Congress Public Law 288]
[From the U.S. Government Printing Office]
[DOCID: f:publ288.109]
[[Page 120 STAT. 1233]]
Public Law 109-288
109th Congress
An Act
To amend part B of title IV of the Social Security Act to reauthorize
the promoting safe and stable families program, and for other
purposes. <<NOTE: Sept. 28, 2006 - [S. 3525]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Child and Family
Services Improvement Act of 2006. Inter- governmental relations. 42 USC
1305 note. 42 USC 621 note.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child and Family Services Improvement
Act of 2006''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) For Federal fiscal year 2004, child protective services
(CPS) staff nationwide reported investigating or assessing an
estimated 3,000,000 allegations of child maltreatment, and
determined that 872,000 children had been abused or neglected by
their parents or other caregivers.
(2) Combined, the Child Welfare Services (CWS) and Promoting
Safe and Stable Families (PSSF) programs provide States about
$700,000,000 per year, the largest source of targeted Federal
funding in the child protection system for services to ensure
that children are not abused or neglected and, whenever
possible, help children remain safely with their families.
(3) A 2003 report by the Government Accountability Office
(GAO) reported that little research is available on the
effectiveness of activities supported by CWS funds--evaluations
of services supported by PSSF funds have generally shown little
or no effect.
(4) Further, the Department of Health and Human Services
recently completed initial Child and Family Service Reviews
(CFSRs) in each State. No State was in full compliance with all
measures of the CFSRs. The CFSRs also revealed that States need
to work to prevent repeat abuse and neglect of children, improve
services provided to families to reduce the risk of future harm
(including by better monitoring the participation of families in
services), and strengthen upfront services provided to families
to prevent unnecessary family break-up and protect children who
remain at home.
(5) Federal policy should encourage States to invest their
CWS and PSSF funds in services that promote and protect the
welfare of children, support strong, healthy families, and
reduce the reliance on out-of-home care, which will help ensure
all children are raised in safe, loving families.
(6) CFSRs also found a strong correlation between frequent
caseworker visits with children and positive outcomes for these
[[Page 120 STAT. 1234]]
children, such as timely achievement of permanency and other
indicators of child well-being.
(7) However, a December 2005 report by the Department of
Health and Human Services Office of Inspector General found that
only 20 States were able to produce reports to show whether
caseworkers actually visited children in foster care on at least
a monthly basis, despite the fact that nearly all States had
written standards suggesting monthly visits were State policy.
(8) A 2003 GAO report found that the average tenure for a
child welfare caseworker is less than 2 years and this level of
turnover negatively affects safety and permanency for children.
(9) Targeting CWS and PSSF funds to ensure children in
foster care are visited on at least a monthly basis will promote
better outcomes for vulnerable children, including by preventing
further abuse and neglect.
(10) According to the Office of Applied Studies of the
Substance Abuse and Mental Health Services Administration, the
annual number of new uses of Methamphetamine, also known as
``meth,'' has increased 72 percent over the past decade.
According to a study conducted by the National Association of
Counties which surveyed 500 county law enforcement agencies in
45 states, 88 percent of the agencies surveyed reported
increases in meth related arrests starting 5 years ago.
(11) According to the 2004 National Survey on Drug Use and
Health, nearly 12,000,000 Americans have tried methamphetamine.
Meth making operations have been uncovered in all 50 states, but
the most wide-spread abuse has been concentrated in the western,
southwestern, and Midwestern United States.
(12) Methamphetamine abuse is on the increase, particularly
among women of child-bearing age. This is having an impact on
child welfare systems in many States. According to a survey
administered by the National Association of Counties (``The
Impact of Meth on Children''), conducted in 300 counties in 13
states, meth is a major cause of child abuse and neglect. Forty
percent of all the child welfare officials in the survey
reported an increase in out-of-home placements because of meth
in 2005.
(13) It is appropriate also to target PSSF funds to address
this issue because of the unique strain the meth epidemic puts
on child welfare agencies. Outcomes for children affected by
meth are enhanced when services provided by law enforcement,
child welfare and substance abuse agencies are integrated.
SEC. 3. REAUTHORIZATION OF THE PROMOTING SAFE AND STABLE FAMILIES
PROGRAM.
(a) <<NOTE: 42 USC 629f note. Effective date.>> Funding of Mandatory
Grants at $345 Million Per Fiscal Year.--Effective October 1, 2006,
section 436(a) of the Social Security Act (42 U.S.C. 629f(a)) is amended
by striking ``fiscal year 2006.'' and all that follows and inserting
``each of fiscal years 2007 through 2011''.
(b) Funding of Discretionary Grants.--Section 437(a) of such Act (42
U.S.C. 629g(a)) is amended by striking ``2002 through 2006'' and
inserting ``2007 through 2011''.
[[Page 120 STAT. 1235]]
(c) Availability of Promoting Safe and Stable Families Resources for
Fiscal Year 2006.--
(1) Appropriation.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are appropriated
to the Secretary of Health and Human Services $40,000,000 for
fiscal year 2006 to carry out section 436 of the Social Security
Act, in addition to any amount otherwise made available for
fiscal year 2006 to carry out such section.
(2) Availability of funds.--Notwithstanding sections
434(b)(2) and 436(b)(3) of such Act, the amount appropriated
under paragraph (1) of this subsection--
(A) shall remain available for expenditure through
fiscal year 2009 solely for the purpose described in
section 436(b)(4)(B)(i) of such Act;
(B) shall not be used to supplant any Federal funds
paid under part E of title IV of such Act that could be
used for that purpose; and
(C) shall not be made available to any Indian tribe
or tribal consortium.
(d) Elimination of Findings.--Section 430 of such Act (42 U.S.C.
629) is amended by striking all through ``(b) Purpose.--The purpose''
and inserting the following:
``SEC. 430. PURPOSE.
``The purpose''.
(e) Annual Budget Requests, Summaries, and Expenditure Reports.--
(1) In general.--Section 432(a)(8) of such Act (42 U.S.C.
629b(a)(8)) is amended--
(A) by inserting ``(A)'' after ``(8)''; and
(B) by adding at the end the following:
``(B) provides that, not later than June 30 of each year,
the State will submit to the Secretary--
``(i) copies of forms CFS 101-Part I and CFS 101-
Part II (or any successor forms) that report on planned
child and family services expenditures by the agency for
the immediately succeeding fiscal year; and
``(ii) copies of forms CFS 101-Part I and CFS 101-
Part II (or any successor forms) that provide, with
respect to the programs authorized under this subpart
and subpart 1 and, at State option, other programs
included on such forms, for the most recent preceding
fiscal year for which reporting of actual expenditures
is complete--
``(I) the numbers of families and of children
served by the State agency;
``(II) the population served by the State
agency;
``(III) the geographic areas served by the
State agency; and
``(IV) the actual expenditures of funds
provided to the State agency; and''.
(2) Annual submission of state reports to congress.--Section
432 of such Act (42 U.S.C. 629b) is amended by adding at the end
the following:
``(c) Annual Submission of State Reports to Congress.--The Secretary
shall compile the reports required under subsection (a)(8)(B) and, not
later than September 30 of each year, submit such compilation to the
Committee on Ways and Means of the
[[Page 120 STAT. 1236]]
House of Representatives and the Committee on Finance of the Senate.''.
(3) <<NOTE: 42 USC 629b note.>> Effective date; initial
deadlines for submissions.--The amendments made by this
subsection take effect on the date of enactment of this Act.
Each State with an approved plan under subpart 1 or 2 of part B
of title IV of the Social Security Act shall make its initial
submission of the forms required under section 432(a)(8)(B) of
the Social Security Act to the Secretary of Health and Human
Services by June 30, 2007, and the Secretary of Health and Human
Services shall submit the first compilation required under
section 432(c) of the Social Security Act by September 30, 2007.
(f) Limitation on Administrative Cost Reimbursement.--
(1) In general.--Section 434 of such Act (42 U.S.C. 629d) is
amended--
(A) in subsection (a), by inserting ``, subject to
subsection (d),'' after ``shall''; and
(B) by adding at the end the following:
``(d) Limitation on Reimbursement for Administrative Costs.--The
Secretary shall not make a payment to a State under this section with
respect to expenditures for administrative costs during a fiscal year,
to the extent that the total amount of the expenditures exceeds 10
percent of the total expenditures of the State during the fiscal year
under the State plan approved under section 432.''.
(2) <<NOTE: 42 USC 629d note.>> Effective date.--The
amendments made by paragraph (1) shall apply to expenditures
made on or after October 1, 2007.
SEC. 4. TARGETING OF PROMOTING SAFE AND STABLE FAMILIES PROGRAM
RESOURCES.
(a) Support for Monthly Caseworker Visits.--
(1) Reservation and use of funds.--Section 436(b) of the
Social Security Act (42 U.S.C. 629f(b)) is amended by adding at
the end the following:
``(4) Support for monthly caseworker visits.--
``(A) Reservation.--The Secretary shall reserve for
allotment in accordance with section 433(e)--
``(i) $5,000,000 for fiscal year 2008;
``(ii) $10,000,000 for fiscal year 2009; and
``(iii) $20,000,000 for each of fiscal years
2010 and 2011.
``(B) Use of funds.--
``(i) In general.--A State to which an amount
is paid from amounts reserved under subparagraph
(A) shall use the amount to support monthly
caseworker visits with children who are in foster
care under the responsibility of the State, with a
primary emphasis on activities designed to improve
caseworker retention, recruitment, training, and
ability to access the benefits of technology.
``(ii) Nonsupplantation.--A State to which an
amount is paid from amounts reserved pursuant to
subparagraph (A) shall not use the amount to
supplant any Federal funds paid to the State under
part E that could be used as described in clause
(i).''.
[[Page 120 STAT. 1237]]
(2) Allotment of funds.--Section 433 of such Act (42 U.S.C.
629c) is amended--
(A) in subsection (d), by inserting ``subsection
(a), (b), or (c) of'' before ``this section'' the 1st
and 2nd places it appears; and
(B) by adding at the end the following:
``(e) Allotment of Funds Reserved To Support Monthly Caseworker
Visits.--
``(1) Territories.--From the amount reserved pursuant to
section 436(b)(4)(A) for any fiscal year, the Secretary shall
allot to each jurisdiction specified in subsection (b) of this
section, that has provided to the Secretary such documentation
as may be necessary to verify that the jurisdiction has complied
with section 436(b)(4)(B)(ii) during the fiscal year, an amount
determined in the same manner as the allotment to each of such
jurisdictions is determined under section 423 (without regard to
the initial allotment of $70,000 to each State).
``(2) Other states.--From the amount reserved pursuant to
section 436(b)(4)(A) for any fiscal year that remains after
applying paragraph (1) of this subsection for the fiscal year,
the Secretary shall allot to each State (other than an Indian
tribe) not specified in subsection (b) of this section, that has
provided to the Secretary such documentation as may be necessary
to verify that the State has complied with section
436(b)(4)(B)(ii) during the fiscal year, an amount equal to such
remaining amount multiplied by the food stamp percentage of the
State (as defined in subsection (c)(2) of this section) for the
fiscal year, except that in applying subsection (c)(2)(A) of
this section, `subsection (e)(2)' shall be substituted for `such
paragraph (1)'.''.
(3) Payments to states.--Section 434(a) of such Act (42
U.S.C. 629d(a)), as amended by section 3(f)(1) of this Act, is
amended by striking ``the lesser of--'' and all that follows and
inserting the following: ``the sum of--
``(1) the lesser of--
``(A) 75 percent of the total expenditures by the
State for activities under the plan during the fiscal
year or the immediately succeeding fiscal year; or
``(B) the allotment of the State under subsection
(a), (b), or (c) of section 433, whichever is
applicable, for the fiscal year; and
``(2) the lesser of--
``(A) 75 percent of the total expenditures by the
State in accordance with section 436(b)(4)(B) during the
fiscal year or the immediately succeeding fiscal year;
or
``(B) the allotment of the State under section
433(e) for the fiscal year.''.
(b) Support for Targeted Grants To Increase the Well Being of, and
To Improve the Permanency Outcomes for, Children Affected by
Methamphetamine or Other Substance Abuse.--
(1) Reservation of funds.--Section 436(b) of such Act (42
U.S.C. 629f(b)), as amended by subsection (a)(1) of this
section, is amended by adding at the end the following:
``(5) Regional partnership grants.--The Secretary shall
reserve for awarding grants under section 437(f)--
``(A) $40,000,000 for fiscal year 2007;
[[Page 120 STAT. 1238]]
``(B) $35,000,000 for fiscal year 2008;
``(C) $30,000,000 for fiscal year 2009; and
``(D) $20,000,000 for each of fiscal years 2010 and
2011.''.
(2) Targeted grants.--
(A) In general.--Section 437 of such Act (42 U.S.C.
629g) is amended by adding at the end the following:
``(f) Targeted Grants To Increase the Well-Being of, and To Improve
the Permanency Outcomes for, Children Affected by Methamphetamine or
Other Substance Abuse.--
``(1) Purpose.--The purpose of this subsection is to
authorize the Secretary to make competitive grants to regional
partnerships to provide, through interagency collaboration and
integration of programs and services, services and activities
that are designed to increase the well-being of, improve
permanency outcomes for, and enhance the safety of children who
are in an out-of-home placement or are at risk of being placed
in an out-of-home placement as a result of a parent's or
caretaker's methamphetamine or other substance abuse.
``(2) Regional partnership defined.--
``(A) In general.--In this subsection, the term
`regional partnership' means a collaborative agreement
(which may be established on an interstate or intrastate
basis) entered into by at least 2 of the following:
``(i) The State child welfare agency that is
responsible for the administration of the State
plan under this part and part E.
``(ii) The State agency responsible for
administering the substance abuse prevention and
treatment block grant provided under subpart II of
part B of title XIX of the Public Health Service
Act.
``(iii) An Indian tribe or tribal consortium.
``(iv) Nonprofit child welfare service
providers.
``(v) For-profit child welfare service
providers.
``(vi) Community health service providers.
``(vii) Community mental health providers.
``(viii) Local law enforcement agencies.
``(ix) Judges and court personnel.
``(x) Juvenile justice officials.
``(xi) School personnel.
``(xii) Tribal child welfare agencies (or a
consortia of such agencies).
``(xiii) Any other providers, agencies,
personnel, officials, or entities that are related
to the provision of child and family services
under this subpart.
``(B) Requirements.--
``(i) State child welfare agency partner.--
Subject to clause (ii)(I), a regional partnership
entered into for purposes of this subsection shall
include the State child welfare agency that is
responsible for the administration of the State
plan under this part and part E as 1 of the
partners.
``(ii) Regional partnerships entered into by
indian tribes or tribal consortia.--If an Indian
tribe or tribal consortium enters into a regional
partnership for purposes of this subsection, the
Indian tribe or tribal consortium--
[[Page 120 STAT. 1239]]
``(I) may (but is not required to)
include such State child welfare agency
as a partner in the collaborative
agreement; and
``(II) may not enter into a
collaborative agreement only with tribal
child welfare agencies (or a consortium
of such agencies).
``(iii) No state agency only partnerships.--If
a State agency described in clause (i) or (ii) of
subparagraph (A) enters into a regional
partnership for purposes of this subsection, the
State agency may not enter into a collaborative
agreement only with the other State agency
described in such clause (i) or (ii).
``(3) Authority to award grants.--
``(A) In general.--In addition to amounts authorized
to be appropriated to carry out this section, the
Secretary shall award grants under this subsection, from
the amounts reserved for each of fiscal years 2007
through 2011 under section 436(b)(5), to regional
partnerships that satisfy the requirements of this
subsection, in amounts that are not less than $500,000
and not more than $1,000,000 per grant per fiscal year.
``(B) Required minimum period of approval.--A grant
shall be awarded under this subsection for a period of
not less than 2, and not more than 5, fiscal years.
``(4) Application requirements.--To be eligible for a grant
under this subsection, a regional partnership shall submit to
the Secretary a written application containing the following:
``(A) Recent evidence demonstrating that
methamphetamine or other substance abuse has had a
substantial impact on the number of out-of-home
placements for children, or the number of children who
are at risk of being placed in an out-of-home placement,
in the partnership region.
``(B) A description of the goals and outcomes to be
achieved during the funding period for the grant that
will--
``(i) enhance the well-being of children
receiving services or taking part in activities
conducted with funds provided under the grant;
``(ii) lead to safety and permanence for such
children; and
``(iii) decrease the number of out-of-home
placements for children, or the number of children
who are at risk of being placed in an out-of-home
placement, in the partnership region.
``(C) A description of the joint activities to be
funded in whole or in part with the funds provided under
the grant, including the sequencing of the activities
proposed to be conducted under the funding period for
the grant.
``(D) A description of the strategies for
integrating programs and services determined to be
appropriate for the child and where appropriate, the
child's family.
``(E) A description of the strategies for--
``(i) collaborating with the State child
welfare agency described in paragraph (2)(A)(i)
(unless that agency is the lead applicant for the
regional partnership); and
``(ii) consulting, as appropriate, with--
[[Page 120 STAT. 1240]]
``(I) the State agency described in
paragraph (2)(A)(ii); and
``(II) the State law enforcement and
judicial agencies.
To the extent the Secretary determines that the
requirement of this subparagraph would be inappropriate
to apply to a regional partnership that includes an
Indian tribe, tribal consortium, or a tribal child
welfare agency or a consortium of such agencies, the
Secretary may exempt the regional partnership from the
requirement.
``(F) Such other information as the Secretary may
require.
``(5) Use of funds.--Funds made available under a grant made
under this subsection shall only be used for services or
activities that are consistent with the purpose of this
subsection and may include the following:
``(A) Family-based comprehensive long-term substance
abuse treatment services.
``(B) Early intervention and preventative services.
``(C) Children and family counseling.
``(D) Mental health services.
``(E) Parenting skills training.
``(F) Replication of successful models for providing
family-based comprehensive long-term substance abuse
treatment services.
``(6) Matching requirement.--
``(A) Federal share.--A grant awarded under this
subsection shall be available to pay a percentage share
of the costs of services provided or activities
conducted under such grant, not to exceed--
``(i) 85 percent for the first and second
fiscal years for which the grant is awarded to a
recipient;
``(ii) 80 percent for the third and fourth
such fiscal years; and
``(iii) 75 percent for the fifth such fiscal
year.
``(B) Non-federal share.--The non-Federal share of
the cost of services provided or activities conducted
under a grant awarded under this subsection may be in
cash or in kind. In determining the amount of the non-
Federal share, the Secretary may attribute fair market
value to goods, services, and facilities contributed
from non-Federal sources.
``(7) Considerations in awarding grants.--In awarding grants
under this subsection, the Secretary shall--
``(A) take into consideration the extent to which
applicant regional partnerships--
``(i) demonstrate that methamphetamine or
other substance abuse by parents or caretakers has
had a substantial impact on the number of out-of-
home placements for children, or the number of
children who are at risk of being placed in an
out-of-home placement, in the partnership region;
``(ii) have limited resources for addressing
the needs of children affected by such abuse;
``(iii) have a lack of capacity for, or access
to, comprehensive family treatment services; and
[[Page 120 STAT. 1241]]
``(iv) demonstrate a plan for sustaining the
services provided by or activities funded under
the grant after the conclusion of the grant
period; and
``(B) after taking such factors into consideration,
give greater weight to awarding grants to regional
partnerships that propose to address methamphetamine
abuse and addiction in the partnership region (alone or
in combination with other drug abuse and addiction) and
which demonstrate that methamphetamine abuse and
addiction (alone or in combination with other drug abuse
and addiction) is adversely affecting child welfare in
the partnership region.
``(8) Performance indicators.--
``(A) <<NOTE: Deadline.>> In general.--Not later
than 9 months after the date of enactment of this
subsection, the Secretary shall establish indicators
that will be used to assess periodically the performance
of the grant recipients under this subsection in using
funds made available under such grants to achieve the
purpose of this subsection.
``(B) Consultation required.--In establishing the
performance indicators required by subparagraph (A), the
Secretary shall consult with the following:
``(i) The Assistant Secretary for the
Administration for Children and Families.
``(ii) The Administrator of the Substance
Abuse and Mental Health Services Administration.
``(iii) Representatives of States in which a
State agency described in clause (i) or (ii) of
paragraph (2)(A) is a member of a regional
partnership that is a grant recipient under this
subsection.
``(iv) Representatives of Indian tribes,
tribal consortia, or tribal child welfare agencies
that are members of a regional partnership that is
a grant recipient under this subsection.
``(9) Reports.--
``(A) Grantee reports.--
``(i) Annual report.--Not later than September
30 of the first fiscal year in which a recipient
of a grant under this subsection is paid funds
under the grant, and annually thereafter until
September 30 of the last fiscal year in which the
recipient is paid funds under the grant, the
recipient shall submit to the Secretary a report
on the services provided or activities carried out
during that fiscal year with such funds. The
report shall contain such information as the
Secretary determines is necessary to provide an
accurate description of the services provided or
activities conducted with such funds.
``(ii) Incorporation of information related to
performance indicators.--Each recipient of a grant
under this subsection shall incorporate into the
first annual report required by clause (i) that is
submitted after the establishment of performance
indicators under paragraph (8), information
required in relation to such indicators.
``(B) Reports to congress.--On the basis of the
reports submitted under subparagraph (A), the Secretary
[[Page 120 STAT. 1242]]
annually shall submit to the Committee on Ways and Means
of the House of Representatives and the Committee on
Finance of the Senate a report on--
``(i) the services provided and activities
conducted with funds provided under grants awarded
under this subsection;
``(ii) the performance indicators established
under paragraph (8); and
``(iii) the progress that has been made in
addressing the needs of families with
methamphetamine or other substance abuse problems
who come to the attention of the child welfare
system and in achieving the goals of child safety,
permanence, and family stability.''.
(B) Conforming amendments.--Section 437 of such Act
(42 U.S.C. 629g) is amended--
(i) in the section heading, by inserting ``and
targeted'' after ``discretionary''; and
(ii) in subsection (e), by striking ``this
section'' and inserting ``subsection (a)''.
(c) Evaluation, Research, and Technical Assistance With Respect to
Targeted Program Resources.--Section 435(c) of such Act (42 U.S.C.
629e(c)) is amended to read as follows :
``(c) Evaluation, Research, and Technical Assistance With Respect to
Targeted Program Resources.--Of the amount reserved under section
436(b)(1) for a fiscal year, the Secretary shall use not less than--
``(1) $1,000,000 for evaluations, research, and providing
technical assistance with respect to supporting monthly
caseworker visits with children who are in foster care under the
responsibility of the State, in accordance with section
436(b)(4)(B)(i); and
``(2) $1,000,000 for evaluations, research, and providing
technical assistance with respect to grants under section
437(f).''.
SEC. 5. ALLOTMENTS AND GRANTS TO INDIAN TRIBES.
(a) Increase in Set-Asides for Indian Tribes.--
(1) Mandatory grants.--Section 436(b)(3) of the Social
Security Act (42 U.S.C. 629f(b)(3)) is amended by striking ``1''
and inserting ``3''.
(2) Discretionary grants.--Section 437(b)(3) of such Act (42
U.S.C. 629g(b)(3)) is amended by striking ``2'' and inserting
``3''.
(3) Effect of reservation of funds for targeted program
resources on amounts reserved for indian tribes.--Section
436(b)(3) of such Act <<NOTE: 42 USC 629f.>> (42 U.S.C.
629b(b)(3)) is amended by striking ``The'' and inserting ``After
applying paragraphs (4) and (5) (but before applying paragraphs
(1) or (2)), the''.
(b) Authority for Tribal Consortia To Receive Allotments.--
(1) Allotment of mandatory funds.--
(A) In general.--Section 433(a) of such Act (42
U.S.C. 629c(a)) is amended--
(i) in the subsection heading, by inserting
``or Tribal Consortia'' after ``Tribes''; and
[[Page 120 STAT. 1243]]
(ii) by adding at the end the following new
sentence: ``If a consortium of Indian tribes
submits a plan approved under this subpart, the
Secretary shall allot to the consortium an amount
equal to the sum of the allotments determined for
each Indian tribe that is part of the
consortium.''.
(B) Conforming amendment.--Section 436(b)(3) of such
Act (42 U.S.C. 629f(b)(3)) is amended--
(i) in the paragraph heading, by inserting
``or tribal consortia'' after ``tribes''; and
(ii) by inserting ``or tribal consortia''
after ``Indian tribes''.
(2) Allotment of any discretionary funds.--Section 437 of
such Act (42 U.S.C. 629g) is amended--
(A) in subsection (b)(3)--
(i) in the paragraph heading, by inserting
``or tribal consortia'' after ``tribes''; and
(ii) by inserting ``or tribal consortia''
after ``Indian tribes''; and
(B) in subsection (c)(1)--
(i) in the paragraph heading, by inserting
``or tribal consortia'' after ``tribes''; and
(ii) by adding at the end the following new
sentence: ``If a consortium of Indian tribes
applies and is approved for a grant under this
section, the Secretary shall allot to the
consortium an amount equal to the sum of the
allotments determined for each Indian tribe that
is part of the consortium.''.
(3) Additional conforming amendments.--
(A) Plans of indian tribes.--Section 432(b)(2) of
such Act (42 U.S.C. 629b(b)(2)) is amended--
(i) in the paragraph heading, by inserting
``or tribal consortia'' after ``tribes'';
(ii) in subparagraph (A), by inserting ``or
tribal consortium'' after ``Indian tribe'' each
place it appears; and
(iii) in subparagraph (B)--
(I) by inserting ``or tribal
consortium'' after ``Indian tribe''; and
(II) by inserting ``and tribal
consortia'' after ``Indian tribes''.
(B) Direct payments to tribal organizations.--
Section 434(c) of such Act (42 U.S.C. 629d(c)) is
amended--
(i) in the subsection heading, by inserting
``or Tribal Consortia'' after ``Tribes''; and
(ii) by inserting ``or tribal consortium''
after ``Indian tribe'' the first place it appears;
and
(iii) by inserting ``or in the case of a
payment to a tribal consortium, such tribal
organizations of, or entity established by, the
Indian tribes that are part of the consortium as
the consortium shall designate'' before the
period.
(C) Evaluations; research; technical assistance.--
Section 435(d) of such Act (42 U.S.C. 629e(d)) is
amended in the matter preceding paragraph (1), by
inserting ``or tribal consortia'' after ``Indian
tribes''.
[[Page 120 STAT. 1244]]
(c) Collection of Data on Tribal Promoting Safe and Stable Families
Plans.--Section 432(b)(2)(A) of such Act (42 U.S.C. 629b(b)(2)(A)), as
amended by subsection (b)(3)(A)(ii) of this section, is amended by
striking ``any requirement of this section that the Secretary
determines'' and inserting ``the requirements of subsection (a)(4) of
this section to the extent that the Secretary determines those
requirements''.
SEC. 6. IMPROVEMENTS TO THE CHILD WELFARE SERVICES PROGRAM.
(a) Funding.--Subpart 1 of part B of title IV of the Social Security
Act (42 U.S.C. 620-628b) is amended by striking sections 420 and
425 <<NOTE: 42 USC 620, 625.>> and inserting after section 424 the
following:
``LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS
``Sec. 425. To carry out this subpart, there are authorized to be
appropriated to the Secretary not more than $325,000,000 for each of
fiscal years 2007 through 2011.''.
(b) Purpose of Program.--Such subpart is further amended--
(1) by striking section <<NOTE: 42 USC 624.>> 424;
(2) by redesignating sections 421 and 423 as sections 423
and 424, <<NOTE: 42 USC 623, 624.>> respectively, and by
transferring section 423 (as so redesignated) so that it appears
after section 422; and
(3) by inserting after the subpart heading the following:
``PURPOSE
``Sec. 421. <<NOTE: 42 USC 621.>> The purpose of this subpart is to
promote State flexibility in the development and expansion of a
coordinated child and family services program that utilizes community-
based agencies and ensures all children are raised in safe, loving
families, by--
``(1) protecting and promoting the welfare of all children;
``(2) preventing the neglect, abuse, or exploitation of
children;
``(3) supporting at-risk families through services which
allow children, where appropriate, to remain safely with their
families or return to their families in a timely manner;
``(4) promoting the safety, permanence, and well-being of
children in foster care and adoptive families; and
``(5) providing training, professional development and
support to ensure a well-qualified child welfare workforce.''.
(c) Modification of State Plan Requirements.--Section 422 of such
Act (42 U.S.C. 622) is amended--
(1) in subsection (b)--
(A) by striking paragraphs (3) through (5) and
inserting the following:
``(3) include a description of the services and activities
which the State will fund under the State program carried out
pursuant to this subpart, and how the services and activities
will achieve the purpose of this subpart;'';
(B) by striking paragraph (6) and inserting after
paragraph (3) (as added by subparagraph (A) of this
paragraph) the following:
``(4) contain a description of--
``(A) the steps the State will take to provide child
welfare services statewide and to expand and strengthen
the range of existing services and develop and implement
services to improve child outcomes; and
[[Page 120 STAT. 1245]]
``(B) the child welfare services staff development
and training plans of the State;'';
(C) by redesignating paragraphs (7) through (9) as
paragraphs (5) through (7), respectively;
(D) in paragraph (10)--
(i) by striking subparagraph (A);
(ii) in subparagraph (B)(iii)(II), by
inserting ``, which may include a residential
educational program'' after ``in some other
planned, permanent living arrangement'';
(iii) by redesignating subparagraph (B) as
subparagraph (A); and
(iv) by striking subparagraph (C) and
inserting after subparagraph (A) the following:
``(B) has in effect policies and administrative and
judicial procedures for children abandoned at or shortly
after birth (including policies and procedures providing
for legal representation of the children) which enable
permanent decisions to be made expeditiously with
respect to the placement of the children;'';
(E) in paragraph (14), by striking ``and'' at the
end;
(F) in paragraph (15), by striking the period and
inserting a semicolon;
(G) by redesignating paragraphs (10) through (15) as
paragraphs (8) through (13), respectively; and
(H) by adding at the end the following:
``(14) <<NOTE: Deadline.>> not later than October 1, 2007,
include assurances that not more than 10 percent of the
expenditures of the State with respect to activities funded from
amounts provided under this subpart will be for administrative
costs;
``(15) describe how the State actively consults with and
involves physicians or other appropriate medical professionals
in--
``(A) assessing the health and well-being of
children in foster care under the responsibility of the
State; and
``(B) determining appropriate medical treatment for
the children; and
``(16) <<NOTE: Deadline.>> provide that, not later than 1
year after the date of the enactment of this paragraph, the
State shall have in place procedures providing for how the State
programs assisted under this subpart, subpart 2 of this part, or
part E would respond to a disaster, in accordance with criteria
established by the Secretary which should include how a State
would--
``(A) identify, locate, and continue availability of
services for children under State care or supervision
who are displaced or adversely affected by a disaster;
``(B) respond, as appropriate, to new child welfare
cases in areas adversely affected by a disaster, and
provide services in those cases;
``(C) remain in communication with caseworkers and
other essential child welfare personnel who are
displaced because of a disaster;
``(D) preserve essential program records; and
``(E) coordinate services and share information with
other States.''; and
(2) by adding at the end the following:
``(c) Definitions.--In this subpart:
[[Page 120 STAT. 1246]]
``(1) Administrative costs.--The term `administrative costs'
means costs for the following, but only to the extent incurred
in administering the State plan developed pursuant to this
subpart: procurement, payroll management, personnel functions
(other than the portion of the salaries of supervisors
attributable to time spent directly supervising the provision of
services by caseworkers), management, maintenance and operation
of space and property, data processing and computer services,
accounting, budgeting, auditing, and travel expenses (except
those related to the provision of services by caseworkers or the
oversight of programs funded under this subpart).
``(2) Other terms.--For definitions of other terms used in
this part, see section 475.''.
(d) Provisions Relating to State Allotments.--Section 423 of such
Act, as so redesignated by subsection (b)(2) of this section, is
amended--
(1) in subsection (a)--
(A) by inserting ``In General.--'' after ``(a)'';
and
(B) by striking ``420'' and inserting ``425''; and
(2) in subsection (b), by inserting ``Determination of State
Allotment Percentages.--'' after ``(b)'';
(3) in subsection (c), by inserting ``Promulgation of State
Allotment Percentages.--'' after ``(c)'';
(4) in subsection (d)--
(A) by inserting ``United States Defined.--'' after
``(d)''; and
(B) by striking ``fifty'' and inserting ``50''; and
(5) by adding at the end the following:
``(e) Reallotment of Funds.--
``(1) In general.--The amount of any allotment to a State
for a fiscal year under the preceding provisions of this section
which the State certifies to the Secretary will not be required
for carrying out the State plan developed as provided in section
422 shall be available for reallotment from time to time, on
such dates as the Secretary may fix, to other States which the
Secretary determines--
``(A) need sums in excess of the amounts allotted to
such other States under the preceding provisions of this
section, in carrying out their State plans so developed;
and
``(B) will be able to so use such excess sums during
the fiscal year.
``(2) Considerations.--The Secretary shall make the
reallotments on the basis of the State plans so developed, after
taking into consideration--
``(A) the population under 21 years of age;
``(B) the per capita income of each of such other
States as compared with the population under 21 years of
age; and
``(C) the per capita income of all such other States
with respect to which such a determination by the
Secretary has been made.
``(3) Amounts reallotted to a state deemed part of state
allotment.--Any amount so reallotted to a State is deemed part
of the allotment of the State under this section.''.
(e) Payments to States; Limitations on Use of Funds.--
[[Page 120 STAT. 1247]]
(1) Limitations related to state expenditures for child
care, foster care maintenance payments, and adoption assistance
payments.--Section 424 of such Act, as so redesignated by
subsection (b)(2) of this section, is amended by striking
subsections (c) and (d) and inserting the following:
``(c) Limitation on Use of Federal Funds for Child Care, Foster Care
Maintenance Payments, or Adoption Assistance Payments.--The total amount
of Federal payments under this subpart for a fiscal year beginning after
September 30, 2007, that may be used by a State for expenditures for
child care, foster care maintenance payments, or adoption assistance
payments shall not exceed the total amount of such payments for fiscal
year 2005 that were so used by the State.
``(d) Limitation on Use by States of Non-Federal Funds for Foster
Care Maintenance Payments To Match Federal Funds.--For any fiscal year
beginning after September 30, 2007, State expenditures of non-Federal
funds for foster care maintenance payments shall not be considered to be
expenditures under the State plan developed under this subpart for the
fiscal year to the extent that the total of such expenditures for the
fiscal year exceeds the total of such expenditures under the State plan
developed under this subpart for fiscal year 2005.''.
(2) Limitation on administrative cost reimbursement.--
(A) In general.--Section 424 of such Act (42 U.S.C.
623), <<NOTE: 42 USC 624.>> as so redesignated by
subsection (b)(2) of this section, is amended by adding
at the end the following:
``(e) Limitation on Reimbursement for Administrative Costs.--A
payment may not be made to a State under this section with respect to
expenditures during a fiscal year for administrative costs, to the
extent that the total amount of the expenditures exceeds 10 percent of
the total expenditures of the State during the fiscal year for
activities funded from amounts provided under this subpart.''.
(B) <<NOTE: 42 USC 624 note.>> Effective date.--The
amendment made by subparagraph (A) shall apply to
expenditures made on or after October 1, 2007.
(f) Conforming Amendments.--
(1) Section 428(b) of such Act (42 U.S.C. 628(b)) is amended
by striking ``421'' and inserting ``423''.
(2) Section 429 of such Act <<NOTE: 42 USC 628a, 626.>> (42
U.S.C. 628a) is amended--
(A)(i) by striking the following:
``CHILD WELFARE TRAINEESHIPS
``Sec. 429. The Secretary''; and
(ii) inserting the following:
``(c) Child Welfare Traineeships.--The Secretary''; and
(B) by transferring the provision to the end of
section 426 (as amended by section 11(b) of this Act).
(3) Section 429A of such Act (42 U.S.C. 628b) is
redesignated as section 429.
(4) Section 433(b) of such Act (42 U.S.C. 629c(b)) is
amended by striking ``421'' and inserting ``423''.
(5) Section 437(c)(2) of such Act (42 U.S.C. 629g(c)(2)) is
amended by striking ``421'' and inserting ``423''.
(6) Section 472(d) of such Act (42 U.S.C. 672(d)) is amended
by striking ``422(b)(10)'' and inserting ``422(b)(8)''.
[[Page 120 STAT. 1248]]
(7) Section 473A(f) of such Act (42 U.S.C. 673b(f)) is
amended by striking ``423'' and inserting ``424''.
(8) Section 1130(b)(1) of such Act (42 U.S.C. 1320a-9(b)(1))
is amended to read as follows:
``(1) any provision of section 422(b)(8), or section 479;
or''.
(9) Section 104(b)(3) of the Intercountry Adoption Act of
2000 (42 U.S.C. 14914(b)(3)) is amended by striking ``422(b)(14)
of the Social Security Act, as amended by section 205 of this
Act'' and inserting ``422(b)(12) of the Social Security Act''.
SEC. 7. MONTHLY CASEWORKER STANDARD.
(a) State Plan Requirement.--Section 422(b) of the Social Security
Act (42 U.S.C. 622(b)), as amended by section 6(c) of this Act, is
amended--
(1) by striking ``and'' at the end of paragraph (15);
(2) by striking the period at the end of paragraph (16) and
inserting ``; and''; and
(3) by adding at the end the following:
``(17) <<NOTE: Deadline.>> not later than October 1, 2007,
describe the State standards for the content and frequency of
caseworker visits for children who are in foster care under the
responsibility of the State, which, at a minimum, ensure that
the children are visited on a monthly basis and that the
caseworker visits are well-planned and focused on issues
pertinent to case planning and service delivery to ensure the
safety, permanency, and well-being of the children.''.
(b) Enforcement.--Section 424 of the Social Security Act, as so
redesignated by section 6(b)(2) of this Act, is amended by adding at the
end the following:
``(e)(1) The Secretary may not make a payment to a State under this
subpart for a period in fiscal year 2008, unless the State has provided
to the Secretary data which shows, for fiscal year 2007--
``(A) the percentage of children in foster care under the
responsibility of the State who were visited on a monthly basis
by the caseworker handling the case of the child; and
``(B) the percentage of the visits that occurred in the
residence of the child.
``(2)(A) <<NOTE: Deadline.>> Based on the data provided by a State
pursuant to paragraph (1), the Secretary, in consultation with the
State, shall establish, not later than June 30, 2008, an outline of the
steps to be taken to ensure, by October 1, 2011, that at least 90
percent of the children in foster care under the responsibility of the
State are visited by their caseworkers on a monthly basis, and that the
majority of the visits occur in the residence of the child. The outline
shall include target percentages to be reached each fiscal year, and
should include a description of how the steps will be implemented. The
steps may include activities designed to improve caseworker retention,
recruitment, training, and ability to access the benefits of technology.
``(B) <<NOTE: Effective date. Applicability.>> Beginning October 1,
2008, if the Secretary determines that a State has not made the
requisite progress in meeting the goal described in subparagraph (A) of
this paragraph, then the percentage that shall apply for purposes of
subsection (a) of this section for the period involved shall be the
percentage set forth in such subsection (a) reduced by--
[[Page 120 STAT. 1249]]
``(i) 1, if the number of full percentage points by which
the State fell short of the target percentage established for
the State for the period pursuant to such subparagraph is less
than 10;
``(ii) 3, if the number of full percentage points by which
the State fell short, as described in clause (i), is not less
than 10 and less than 20; or
``(iii) 5, if the number of full percentage points by which
the State fell short, as described in clause (i), is not less
than 20.''.
(c) Reports.--
(1) Progress report.--Not later than March 31, 2010, the
Secretary of Health and Human Services shall submit to the
Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate a report that outlines
the progress made by the States in meeting the standards
referred to in section 422(b)(17) of the Social Security Act,
and offers recommendations developed in consultation with State
officials responsible for administering child welfare programs
and members of the State legislature to assist States in their
efforts to ensure that foster children are visited on a monthly
basis.
(2) Inclusion of information on caseworker visits in annual
child well-being outcome reports.--Section 479A of such Act (42
U.S.C. 679b) is amended--
(A) by striking ``and'' at the end of paragraph (4);
(B) by striking the period at the end of paragraph
(5) and inserting ``; and''; and
(C) by adding at the end the following:
``(6) include in the report submitted pursuant to paragraph
(5) for fiscal year 2007 or any succeeding fiscal year, State-
by-State data on--
``(A) the percentage of children in foster care
under the responsibility of the State who were visited
on a monthly basis by the caseworker handling the case
of the child; and
``(B) the percentage of the visits that occurred in
the residence of the child.''.
SEC. 8. REAUTHORIZATION OF PROGRAM FOR MENTORING CHILDREN OF PRISONERS.
(a) In General.--Section 439 of the Social Security Act (42 U.S.C.
629i) is amended--
(1) in subsection (c), by striking ``2002 through 2006'' and
inserting ``2007 through 2011''; and
(2) in subsection (h)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Limitations on authorization of appropriations.--To
carry out this section, there are authorized to be appropriated
to the Secretary such sums as may be necessary for fiscal years
2007 through 2011.''; and
(B) in paragraph (2), by striking ``2.5'' and
inserting ``4''.
(b) Service Delivery Demonstration Project.--
(1) In general.--Section 439 of such Act (42 U.S.C. 629i),
as amended by subsection (a) of this section, is amended--
[[Page 120 STAT. 1250]]
(A) by redesignating subsections (g) and (h) as
subsections (h) and (i), respectively; and
(B) by inserting after subsection (f) the following:
``(g) Service Delivery Demonstration Project.--
``(1) Purpose; authority to enter into cooperative
agreement.--The Secretary shall enter into a cooperative
agreement with an eligible entity that meets the requirements of
paragraph (2) for the purpose of requiring the entity to conduct
a demonstration project consistent with this subsection under
which the entity shall--
``(A) identify children of prisoners in need of
mentoring services who have not been matched with a
mentor by an applicant awarded a grant under this
section, with a priority for identifying children who--
``(i) reside in an area not served by a
recipient of a grant under this section;
``(ii) reside in an area that has a
substantial number of children of prisoners;
``(iii) reside in a rural area; or
``(iv) are Indians;
``(B) provide the families of the children so
identified with--
``(i) a voucher for mentoring services that
meets the requirements of paragraph (5); and
``(ii) a list of the providers of mentoring
services in the area in which the family resides
that satisfy the requirements of paragraph (6);
and
``(C) monitor and oversee the delivery of mentoring
services by providers that accept the vouchers.
``(2) Eligible entity.--
``(A) In general.--Subject to subparagraph (B), an
eligible entity under this subsection is an organization
that the Secretary determines, on a competitive basis--
``(i) has substantial experience--
``(I) in working with organizations
that provide mentoring services for
children of prisoners; and
``(II) in developing quality
standards for the identification and
assessment of mentoring programs for
children of prisoners; and
``(ii) submits an application that satisfies
the requirements of paragraph (3).
``(B) Limitation.--An organization that provides
mentoring services may not be an eligible entity for
purposes of being awarded a cooperative agreement under
this subsection.
``(3) Application requirements.--To be eligible to be
awarded a cooperative agreement under this subsection, an entity
shall submit to the Secretary an application that includes the
following:
``(A) Qualifications.--Evidence that the entity--
``(i) meets the experience requirements of
paragraph (2)(A)(i); and
``(ii) is able to carry out--
``(I) the purposes of this
subsection identified in paragraph (1);
and
``(II) the requirements of the
cooperative agreement specified in
paragraph (4).
[[Page 120 STAT. 1251]]
``(B) Service delivery plan.--
``(i) Distribution requirements.--Subject to
clause (iii), a description of the plan of the
entity to ensure the distribution of not less
than--
``(I) 3,000 vouchers for mentoring
services in the first year in which the
cooperative agreement is in effect with
that entity;
``(II) 8,000 vouchers for mentoring
services in the second year in which the
agreement is in effect with that entity;
and
``(III) 13,000 vouchers for
mentoring services in any subsequent
year in which the agreement is in effect
with that entity.
``(ii) Satisfaction of priorities.--A
description of how the plan will ensure the
delivery of mentoring services to children
identified in accordance with the requirements of
paragraph (1)(A).
``(iii) Secretarial authority to modify
distribution requirement.--The Secretary may
modify the number of vouchers specified in
subclauses (I) through (III) of clause (i) to take
into account the availability of appropriations
and the need to ensure that the vouchers
distributed by the entity are for amounts that are
adequate to ensure the provision of mentoring
services for a 12-month period.
``(C) Collaboration and cooperation.--A description
of how the entity will ensure collaboration and
cooperation with other interested parties, including
courts and prisons, with respect to the delivery of
mentoring services under the demonstration project.
``(D) Other.--Any other information that the
Secretary may find necessary to demonstrate the capacity
of the entity to satisfy the requirements of this
subsection.
``(4) Cooperative agreement requirements.--A cooperative
agreement awarded under this subsection shall require the
eligible entity to do the following:
``(A) <<NOTE: Law enforcement and crime.>> Identify
quality standards for providers.--To work with the
Secretary to identify the quality standards that a
provider of mentoring services must meet in order to
participate in the demonstration project and which, at a
minimum, shall include criminal records checks for
individuals who are prospective mentors and shall
prohibit approving any individual to be a mentor if the
criminal records check of the individual reveals a
conviction which would prevent the individual from being
approved as a foster or adoptive parent under section
471(a)(20)(A).
``(B) <<NOTE: Records.>> Identify eligible
providers.--To identify and compile a list of those
providers of mentoring services in any of the 50 States
or the District of Columbia that meet the quality
standards identified pursuant to subparagraph (A).
``(C) Identify eligible children.--To identify
children of prisoners who require mentoring services,
consistent with the priorities specified in paragraph
(1)(A).
``(D) Monitor and oversee delivery of mentoring
services.--To satisfy specific requirements of the
Secretary for monitoring and overseeing the delivery of
mentoring
[[Page 120 STAT. 1252]]
services under the demonstration project, which shall
include a requirement to ensure that providers of
mentoring services under the project report data on the
children served and the types of mentoring services
provided.
``(E) Records, reports, and audits.--To maintain any
records, make any reports, and cooperate with any
reviews and audits that the Secretary determines are
necessary to oversee the activities of the entity in
carrying out the demonstration project under this
subsection.
``(F) Evaluations.--To cooperate fully with any
evaluations of the demonstration project, including
collecting and monitoring data and providing the
Secretary or the Secretary's designee with access to
records and staff related to the conduct of the project.
``(G) Limitation on administrative expenditures.--To
ensure that administrative expenditures incurred by the
entity in conducting the demonstration project with
respect to a fiscal year do not exceed the amount equal
to 10 percent of the amount awarded to carry out the
project for that year.
``(5) Voucher requirements.--A voucher for mentoring
services provided to the family of a child identified in
accordance with paragraph (1)(A) shall meet the following
requirements:
``(A) Total payment amount; 12-month service
period.--The voucher shall specify the total amount to
be paid a provider of mentoring services for providing
the child on whose behalf the voucher is issued with
mentoring services for a 12-month period.
``(B) Periodic payments as services provided.--
``(i) In general.--The voucher shall specify
that it may be redeemed with the eligible entity
by the provider accepting the voucher in return
for agreeing to provide mentoring services for the
child on whose behalf the voucher is issued.
``(ii) Demonstration of the provision of serv-
ices.--A provider that redeems a voucher issued by
the eligible entity shall receive periodic
payments from the eligible entity during the 12-
month period that the voucher is in effect upon
demonstration of the provision of significant
services and activities related to the provision
of mentoring services to the child on whose behalf
the voucher is issued.
``(6) Provider requirements.--In order to participate in the
demonstration project, a provider of mentoring services shall--
``(A) meet the quality standards identified by the
eligible entity in accordance with paragraph (1);
``(B) agree to accept a voucher meeting the
requirements of paragraph (5) as payment for the
provision of mentoring services to a child on whose
behalf the voucher is issued;
``(C) demonstrate that the provider has the
capacity, and has or will have nonfederal resources, to
continue supporting the provision of mentoring services
to the child on whose behalf the voucher is issued, as
appropriate,
[[Page 120 STAT. 1253]]
after the conclusion of the 12-month period during which
the voucher is in effect; and
``(D) if the provider is a recipient of a grant
under this section, demonstrate that the provider has
exhausted its capacity for providing mentoring services
under the grant.
``(7) 3-year period; option for renewal.--
``(A) In general.--A cooperative agreement awarded
under this subsection shall be effective for a 3-year
period.
``(B) Renewal.--The cooperative agreement may be
renewed for an additional period, not to exceed 2 years
and subject to any conditions that the Secretary may
specify that are not inconsistent with the requirements
of this subsection or subsection (i)(2)(B), if the
Secretary determines that the entity has satisfied the
requirements of the agreement and evaluations of the
service delivery demonstration project demonstrate that
the voucher service delivery method is effective in
providing mentoring services to children of prisoners.
``(8) Independent evaluation and report.--
``(A) In general.--
The <<NOTE: Contracts.>> Secretary shall enter into a
contract with an independent, private organization to
evaluate and prepare a report on the first 2 fiscal
years in which the demonstration project is conducted
under this subsection.
``(B) Deadline for report.--Not later than 90 days
after the end of the second fiscal year in which the
demonstration project is conducted under this
subsection, the Secretary shall submit the report
required under subparagraph (A) to the Committee on Ways
and Means of the House of Representatives and the
Committee on Finance of the Senate. The report shall
include--
``(i) the number of children as of the end of
such second fiscal year who received vouchers for
mentoring services; and
``(ii) any conclusions regarding the use of
vouchers for the delivery of mentoring services
for children of prisoners.
``(9) No effect on eligibility for other federal assist-
ance.--A voucher provided to a family under the demonstration
project conducted under this subsection shall be disregarded for
purposes of determining the eligibility for, or the amount of,
any other Federal or federally-supported assistance for the
family.''.
(2) Conforming amendments.--Section 439 of such Act (42
U.S.C. 629i), as amended by subsection (a) of this section and
paragraph (1) of this subsection, is amended--
(A) in subsection (a)--
(i) in the subsection heading, by striking
``Purpose'' and inserting ``Purposes''; and
(ii) in paragraph (2)--
(I) in the paragraph heading, by
striking ``Purpose'' and inserting
``Purposes'';
(II) by striking ``The purpose of
this section is to authorize the
Secretary to make competitive'' and
inserting ``The purposes of this section
are to authorize the Secretary--
[[Page 120 STAT. 1254]]
``(A) to make competitive'';
(iii) by striking the period at the end and
inserting ``; and''; and
(iv) by adding at the end the following:
``(B) to enter into on a competitive basis a
cooperative agreement to conduct a service delivery
demonstration project in accordance with the
requirements of subsection (g).'';
(B) in subsection (c)--
(i) by striking ``(h)'' and inserting ``(i)'';
and
(ii) by striking ``(h)(2)'' and inserting
``(i)(2)'';
(C) by amending subsection (h) (as so redesignated
by paragraph (1)(A) of this subsection) to read as
follows:
``(h) Independent Evaluation; Reports.--
``(1) Independent evaluation.--
The <<NOTE: Grants. Contracts.>> Secretary shall conduct by
grant, contract, or cooperative agreement an independent
evaluation of the programs authorized under this section,
including the service delivery demonstration project authorized
under subsection (g).
``(2) Reports.--Not later than 12 months after the date of
enactment of this subsection, the Secretary shall submit a
report to the Congress that includes the following:
``(A) The characteristics of the mentoring programs
funded under this section.
``(B) The plan for implementation of the service
delivery demonstration project authorized under
subsection (g).
``(C) A description of the outcome-based evaluation
of the programs authorized under this section that the
Secretary is conducting as of that date of enactment and
how the evaluation has been expanded to include an
evaluation of the demonstration project authorized under
subsection (g).
``(D) The date on which the Secretary shall submit a
final report on the evaluation to the Congress.''; and
(D) in subsection (i) (as so redesignated)--
(i) in the subsection heading, by striking
``Reservation'' and inserting ``Reservations'';
and
(ii) in paragraph (2)--
(I) by amending the paragraph
heading to read as follows:
``Reservations'';
(II) by striking ``The'' and
inserting the following:
``(A) Research, technical assistance, and evalua-
tion.--The''; and
(III) by adding at the end the
following:
``(B) Service delivery demonstration project.--
``(i) In general.--Subject to clause (ii), for
purposes of awarding a cooperative agreement to
conduct the service delivery demonstration project
authorized under subsection (g), the Secretary
shall reserve not more than--
``(I) $5,000,000 of the amount
appropriated under paragraph (1) for the
first fiscal year in which funds are to
be awarded for the agreement;
``(II) $10,000,000 of the amount
appropriated under paragraph (1) for the
second fiscal year in
[[Page 120 STAT. 1255]]
which funds are to be awarded for the
agreement; and
``(III) $15,000,000 of the amount
appropriated under paragraph (1) for the
third fiscal year in which funds are to
be awarded for the agreement.
``(ii) Assurance of funding for general
program grants.--With respect to any fiscal year,
no funds may be awarded for a cooperative
agreement under subsection (g), unless at least
$25,000,000 of the amount appropriated under
paragraph (1) for that fiscal year is used by the
Secretary for making grants under this section for
that fiscal year.''.
SEC. 9. REAUTHORIZATION OF THE COURT IMPROVEMENT PROGRAM.
Section 438 of the Social Security Act (42 U.S.C. 629h) is amended
in each of subsections (c)(1)(A) and (d) by striking ``2006'' and
inserting ``2011''.
SEC. 10. REQUIREMENT FOR FOSTER CARE PROCEEDING TO INCLUDE, IN AN AGE-
APPROPRIATE MANNER, CONSULTATION WITH THE CHILD THAT IS THE
SUBJECT OF THE PROCEEDING.
Section 475(5)(C) of the Social Security Act (42 U.S.C. 675(5)(C))
is amended--
(1) by inserting ``(i)'' after ``with respect to each such
child,'';
(2) by striking ``and procedural safeguards shall also'' and
inserting ``(ii) procedural safeguards shall''; and
(3) by inserting ``and (iii) procedural safeguards shall be
applied to assure that in any permanency hearing held with
respect to the child, including any hearing regarding the
transition of the child from foster care to independent living,
the court or administrative body conducting the hearing
consults, in an age-appropriate manner, with the child regarding
the proposed permanency or transition plan for the child;''
after ``parents;''.
SEC. 11. TECHNICAL AMENDMENTS.
(a) Updating of Archaic Language.--
(1) Section 423 of the Social Security Act, as so
redesignated by section 6(b)(2) of this Act--
(A) is amended by striking ``per centum'' and
inserting ``percent''; and
(B) by striking ``He'' and inserting ``The
Secretary''.
(2) Section 424(a) of such Act, as so redesignated by
section 6(b)(2) of this Act, is amended by striking ``per
centum'' and inserting ``percent''.
(b) Elimination of Obsolete Provision.--Section 426 of such Act (42
U.S.C. 626) is amended by striking subsection (b) and redesignating
subsection (c) as subsection (b).
(c) Technical Correction.--Section 431(a)(6) of such Act (42 U.S.C.
629a(a)(6)) is amended by striking ``1986'' and inserting ``1996''.
SEC. 12. <<NOTE: 42 USC 621 note.>> EFFECTIVE DATES.
(a) In General.--Except as otherwise provided in this Act, the
amendments made by this Act shall take effect on October 1, 2006, and
shall apply to payments under parts B and E of title IV of the Social
Security Act for calendar quarters beginning
[[Page 120 STAT. 1256]]
on or after such date, without regard to whether regulations to
implement the amendments are promulgated by such date.
(b) Delay Permitted If State Legislation Required.--If the Secretary
of Health and Human Services determines that State legislation (other
than legislation appropriating funds) is required in order for a State
plan developed pursuant to subpart 1 of part B, or a State plan approved
under subpart 2 of part B or part E, of title IV of the Social Security
Act to meet the additional requirements imposed by the amendments made
by this Act, the plan shall not be regarded as failing to meet any of
the additional requirements before the 1st day of the 1st calendar
quarter beginning after the first regular session of the State
legislature that begins after the date of the enactment of this Act. If
the State has a 2-year legislative session, each year of the session is
deemed to be a separate regular session of the State legislature.
(c) <<NOTE: Effective date.>> Availability of Promoting Safe and
Stable Families Resources for Fiscal Year 2006.--Section 3(c) shall take
effect on the date of the enactment of this Act.
Approved September 28, 2006.
LEGISLATIVE HISTORY--S. 3525:
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SENATE REPORTS: No. 109-269 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 152 (2006):
July 13, considered and passed Senate.
July 25, considered and passed House, amended.
Sept. 20, Senate concurred in House amendments with
amendments.
Sept. 26, House concurred in Senate amendments.
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