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

09/28/2006 Became Public Law No: 109-288

Bill text available as:

Shown Here:
Enrolled Bill (09/28/2006)


Formatting necessary for an accurate reading of this legislative text may be shown by tags (e.g., <DELETED> or <BOLD>) or may be missing from this TXT display. For complete and accurate display of this text, see the PDF or HTML/XML.




[Congressional Bills 109th Congress]
[From the U.S. Government Printing Office]
[S. 3525 Enrolled Bill (ENR)]


        S.3525

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six


                                 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``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 
    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) 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''.
    (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 House of Representatives and 
the Committee on Finance of the Senate.''.
        (3) Effective date; initial deadlines for submissions.--The 
    amendments made by this subsection take effect on the date of 
    enactment of this Act. Each State with an approved plan under 
    subpart 1 or 2 of part B of title IV of the Social Security Act 
    shall make its initial submission of the forms required under 
    section 432(a)(8)(B) of the Social Security Act to the Secretary of 
    Health and Human Services by June 30, 2007, and the Secretary of 
    Health and Human Services shall submit the first compilation 
    required under section 432(c) of 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) 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).''.
        (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;
            ``(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--

                    ``(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--

                    ``(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
                ``(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) 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 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 (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
                (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''.
    (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 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 424;
        (2) by redesignating sections 421 and 423 as sections 423 and 
    424, 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. 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
            ``(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) 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) 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:
        ``(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.--
        (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), 
        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) 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 (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)''.
        (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) 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) 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) 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--
        ``(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--
            (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).

            ``(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) 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) 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 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 services.--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, 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 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 assistance.--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--

            ``(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 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 evaluation.--
        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 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. 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 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) 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.