Text: S.3525 — 109th Congress (2005-2006)All Bill Information (Except Text)

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Public Law No: 109-288 (09/28/2006)

 
[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:
---------------------------------------------------------------------------

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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