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Calendar No. 470
109th Congress Report
SENATE
2d Session 109-269
======================================================================
IMPROVING OUTCOMES FOR CHILDREN AFFECTED BY METH ACT OF 2006
_______
June 23, 2006.--Ordered to be printed
_______
Mr. Grassley, from the Committee on Finance, submitted the following
R E P O R T
[To accompany S. 3525]
[Including cost estimate of the Congressional Budget Office]
The Committee on Finance, having had under consideration an
original bill (S. 3525), to amend subpart 2 of part B of title
IV of the Social Security Act to improve outcomes for children
in families affected by methamphetamine abuse and addiction, to
reauthorize the Promoting Safe and Stable Families program, and
for other purposes, having considered the same, reports
favorably thereon and recommends that the bill do pass.
I. BACKGROUND AND COMMITTEE ACTION
Promoting Safe and Stable Families
The Promoting Safe and Stable Families (PSSF) program
(title IV-B, subpart 2 of the Social Security Act) primarily
provides formula grants to States, territories and tribes for
provision of four categories of services to children and
families: family support, family preservation, time-limited
reunification, and adoption promotion and support. In addition,
a part of the total funding provided for the Safe and Stable
Families program is reserved for certain grants under the Court
Improvement Program (CIP). The CIP grants are distributed by
formula to each eligible highest State court, and are for those
courts to assess and make improvements to their handling of
child welfare cases. Funds are also set aside from PSSF for
evaluation, research, and technical assistance related to the
program.
Initially created as a program of ``Family Preservation and
Support Services'' in the Omnibus Budget Reconciliation Act of
1993 (P.L. 103-66), the program was reauthorized, expanded, and
given its current name by the Adoption and Safe Families Act of
1997 (P.L. 105-89).
Subsequently, Congress passed the Promoting Safe and Stable
Families Amendments of 2001 (P.L. 107-133), which reauthorized
the program through FY2006. That legislation also created the
Mentoring Children of Prisoners program (section 439 of the
Social Security Act) and authorized the U.S. Department of
Health and Human Services (HHS) to make competitive grants to
public or private entities for the purposes of establishing,
expanding, or operating programs that provide mentoring
services to children of prisoners.
Most recently, the Deficit Reduction Act of 2005 (P.L. 109-
171) increased the authorization for mandatory PSSF
appropriations by $40 million for FY2006 and, separately,
appropriated funding ($20 million for each of FY2006-FY2010)
for two new kinds of grants under the Court Improvement
Program. These grants are to support training legal and
judicial personnel concerning child welfare proceedings and to
improve the timely and complete decision making of courts on
behalf of abused and neglected children.
Committee action
The Senate Committee on Finance held two hearings on child
welfare policy issues.
On April 25, 2006 the Committee held a hearing on ``The
Social and Economic Effects of the Methamphetamine Epidemic on
America's Child Welfare System,'' that examined the effects
that the methamphetamine epidemic is having on America's child
welfare system.
The Committee heard testimony from the following witnesses:
Parents and Families Recovering from Meth Addiction: Alison
Bruno, Aaronette Noble, Darren Noble and Joey Binckley;
Kevin T. Frank, Regional Administrator for the Department
of Public Health and Services Child and Family Services
Division in South Central Montana, Billings, Montana;
Nancy K. Young, Ph.D., Director, Children and Family
Futures, Inc. National Center on Substance Abuse and Child
Welfare, Irvine, California; and
The Reverend Dr. Frederick Aigner, President/CEO, Lutheran
Social Services of Illinois, Des Plaines, Illinois.
On May 10, 2006, the Committee held a hearing on
``Fostering Permanence: Progress Achieved and Challenges Ahead
for America's Child Welfare System.''
The purpose of the hearing was for members to hear
testimony on child welfare issues generally, and the Promoting
Safe and Stable Families program and the Mentoring of Children
of Prisoners programs specifically. The authorization for both
these programs is scheduled to end at the end of FY2006.
The Committee heard testimony from the following witnesses:
Joan Ohl, Commissioner of the Administration for Children,
Youth, and Families, Washington, DC;
Jackie Hammers-Crowell, former foster child and foster care
advocate, Iowa City, Iowa;
Gary Stangler, Executive Director, Jim Casey Youth
Opportunities Initiative, St. Louis, MS;
Joe Kroll, Executive Director, North American Council on
Adoptable Children, St. Paul, Minnesota; and
Arlene Templer, MSW, ACSW, CRC, Confederated Salish and
Kootenai Tribes, Department of Human Resources Development,
Social Services Division Manager, Pablo, MT.
A bipartisan coalition of members, notably Senator Jay
Rockefeller, IV (D-WV), Senator Olympia J. Snowe (R-ME),
Senator Gordon Smith (R-OR) and Senator Kent Conrad (D-ND)
worked with the Chairman and Ranking Member to develop several
key features of the Committee bill. These members represent a
range of rural States that are affected by meth problems. The
group recognized the compelling problems facing the Native
American and tribal populations on child welfare issues,
particularly abuse of meth.
The Committee finds that numerous reports indicate that
methamphetamine abuse is on the increase, particularly among
women of child-bearing age. The Committee finds that this has
resulted in an increased strain on an already over-burdened
child welfare system. The Committee also finds that long-term
comprehensive family treatment has resulted in successful
outcomes for families struggling with addiction. The Committee
finds that targeting funds from the Promoting Safe and Stable
Families for services such as family-based comprehensive long-
term drug treatment would further the goals of this program and
improve outcomes for children in families affected by
methamphetamine abuse and addiction. In addition, the Committee
finds that, generally, the programs authorized by the Promoting
Safe and Stable Families are performing well. The Committee
finds that there is little reason to substantially alter the
purpose or nature of these programs. Therefore, the Committee
recommends only minor improvements, such as enhanced reporting
requirements, to the Promoting Safe and Stable Families program
and the Mentoring Children of Prisoners program.
II. SECTION-BY-SECTION ANALYSIS
SECTION I--SHORT TITLE; TABLE OF CONTENTS
The short title of this bill is the Improving Outcomes for
Children Affected by Meth Act of 2006.
SECTION 2--GRANTS FOR REGIONAL PARTNERSHIPS TO INCREASE THE WELL-BEING
OF, AND IMPROVE THE PERMANENCY OUTCOMES FOR, CHILDREN AFFECTED BY
METHAMPHETAMINE ABUSE AND ADDICTION
Reservation of funds
CURRENT LAW
No provision.
COMMITTEE BILL
The bill provides that in any year from FY2007-FY2011 that
appropriations under this subpart are at least $345 million,
HHS must reserve $40 million for grants to improve outcomes for
children affected by methamphetamine abuse and addiction. (The
bill separately sets the mandatory funding authorization for
the Promoting Safe and Stable Families (PSSF) program at $345
million for FY2007-FY2011 and continues the discretionary
funding authorization of $200 million for each of those same
years.)
Purpose
CURRENT LAW
No provision.
COMMITTEE BILL
The bill creates a new section in title IV-B subpart 2 of
the Social Security Act that authorizes HHS to make competitive
grants to regional partnerships that provide services and
activities designed to increase the well-being of, and improve
the permanency outcomes for, children who are in an out-of-home
placement or who are at risk of such a placement as a result of
parental or a caretaker's abuse of methamphetamines. These
services and activities are to be provided via interagency
collaboration and integration of programs and services.
REASON FOR CHANGE
Methamphetamine, also known as ``meth,'' is the fastest
growing drug threat in America. Reports estimate that over 12
million Americans have tried meth. 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.
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'') 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 the last year.
Many child welfare agencies are struggling to cope with the
unique challenges associated with parental addiction to meth.
Children living with a meth-addicted parent are often exposed
to toxic chemicals emitted during the production of the drug.
Children are also often left to fend for themselves and can be
exposed to pornography and sexual abuse.
The Committee finds that the meth epidemic puts a unique
strain on child welfare agencies and therefore finds that
targeting resources to address this issue is appropriate. The
Committee also finds that outcomes for children affected by
meth are enhanced when services provided by law enforcement,
child welfare and substance abuse agencies are integrated. The
Committee encourages eligible applicants for grants to
collaborate with the State agency responsible for the
administration of foster care.
Eligible applicants
The bill defines an eligible applicant for the grants as a
regional partnership (established on an intra- or interstate
basis) and that includes any one or more of the following
entities or individuals: child welfare service providers (non-
profit and for-profit), community providers of health or mental
health services, local law enforcement agencies, judges and
court personnel, juvenile justice officials, school personnel,
the State child welfare agency, the State agency responsible
for administering the substance abuse prevention and treatment
block grant (authorized under title XIX-B, subpart II of the
Public Health Services Act), tribal child welfare agencies (or
a consortium of tribal agencies) and any other providers,
agencies, personnel, officials or entities related to provision
of child and family services funded under title IV-B, subpart 2
of the Social Security Act.
Authorization of grants and minimum period of approval
From the amount reserved from PSSF funding ($40 million),
HHS must award grants in each of FY2007-FY2011 to eligible
regional partnerships that meet the requirements established in
this new section of the Social Security Act. An eligible
regional partnership must be approved to receive a grant for no
less than 2 years and may receive approval for as many as 5
years. The amount of the grant must not be less than $500,000
and not more then $1 million for each fiscal year.
Application requirements
To be eligible for a grant out of this funding, an eligible
regional partnership must submit a written application to HHS
containing recent evidence that methamphetamine abuse has
increased out-of-home placements for children or the number of
children at risk of out-of-home placements in the partnership
region. The application must also describe: (1) the goals and
outcomes the regional partnership intends to achieve and which
will enhance the well-being of children receiving services or
taking part in activities funded by the grants and will lead to
safety and permanence for them; (2) the joint activities to be
funded (entirely or in part) with funds provided by the grant
and the sequence in which the proposed activities will be
conducted while the grant funding is made available; (3) the
strategies for integrating programs and services found to be
appropriate for the child (and, if appropriate, the child's
family); and (4) its strategies for collaborating with the
State child welfare agency (unless the lead agency for the
regional partnership is that agency), for consulting, as
appropriate, with the State agency responsible for
administering substance abuse treatment and prevention
services, and for consulting with State law enforcement and
judicial agencies. Finally, the application must include any
other information HHS may require.
HHS may, to the extent it deems appropriate, exempt any
regional partnership that includes a tribal child welfare
agency or a consortium of such agencies from the requirement
that the application describe what its strategies will be for
collaborating with the State child welfare agency.
Use of funds and matching requirement
The bill states that funds received by a regional
partnership must only be used for services and activities
intended to improve the well-being and permanence of children
affected by methamphetamine abuse and addiction and, where
appropriate, the child's family. Specific uses may include
providing family-based, comprehensive long-term drug treatment
services, early intervention and preventative services,
counseling for children and families, mental health services,
and parenting skills training.
The bill provides that a regional partnership must provide
non-Federal resources to support the activities and services of
the grant equal to 15 percent of the total cost in years 1 and
2 of the grant; 20 percent of such costs in the third and
fourth years; and 25 percent for the fifth year of the grant.
The non-Federal resources may be in cash or in-kind (and HHS is
permitted to attribute the fair market value of such in-kind
goods, services and facilities).
Consideration in making awards and determining their amounts
The bill provides that in considering whether to award a
grant and the amount of that grant, HHS must consider the
demonstrated need of the eligible regional partnership applying
for assistance. Further, it must ensure diversity among the
lead agencies applying on behalf of an eligible regional
partnership to which it awards these grants. Finally, in
awarding these grants and determining their amounts, HHS must
give priority to eligible regional partnerships in rural areas
that have been significantly affected by methamphetamine abuse
and addiction by parents or caretakers of children; have
limited resources to address the needs of children affected by
this abuse and addiction; and lack capacity for access to
comprehensive family treatment services.
Performance indicators
The bill requires HHS to establish indicators that will be
used to periodically assess the performance of the regional
partnerships awarded grants under this section and,
specifically, their success in achieving increased well-being
and improved permanence outcomes for children affected by
parental or a caretaker's methamphetamine abuse and addiction.
The indicators must be established no later than 18 months
after this legislation is enacted and only after HHS consults
with both its Administration for Children and Families (ACF)
and its Substance Abuse and Mental Health Services
Administration (SAMHSA). In addition--with respect to the
States, territories, or tribes in which awards to regional
partnerships have been made--HHS must consult with the
following individuals: State and territorial governors, State
legislators, State and local public officials responsible for
administering child welfare and alcohol and drug abuse
prevention and treatment programs, court staff, consumers of
services or activities funded by the grants, advocates for
children and parents who come to the attention of the child
welfare system, and tribal officials.
Grantee reports and reports to Congress
The bill requires each regional partnership that receives a
grant under this section to report annually to HHS. The report
must describe the activities carried out during the fiscal year
with funds received under this grant, and any information HHS
determines necessary to provide an accurate description of the
activities conducted with the funds and of any planned changes
in the use of the funds for the succeeding fiscal year. A
regional partnership must submit its first annual report no
later than September 30 of the first fiscal year that it
receives this grant funding and by that same date for each year
in which it continues to receive the grant funds. In addition,
no later than 12 months after HHS establishes the performance
indicators (described above), information regarding these
indicators must be incorporated into each regional
partnership's annual report.
On the basis of these reports from the regional partnership
grantees, the bill requires HHS to annually prepare a report on
the services provided and activities conducted by the grants to
increase the well-being of and improve permanence outcomes for
children affected by parental or a caretaker's methamphetamine
abuse and addiction. The report must also discuss the
performance indicators established and the progress made to
address the needs of families with methamphetamine abuse
problems (who come to the attention of the child welfare
system) and in achieving the goals of child safety, permanence
and family stability. HHS must annually submit this report to
the Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate.
SECTION 3--REAUTHORIZATION OF THE PROMOTING SAFE AND STABLE FAMILIES
PROGRAM
Extension of funding authorized for the Promoting Safe and Stable
Families program
CURRENT LAW
For FY2006, authorizes mandatory funding of $345 million
for the Promoting Safe and Stable Families program (title IV-B,
subpart 2 of the Social Security Act) and discretionary funding
of $200 million for each of FY2002-FY2006.
COMMITTEE BILL
The bill extends the mandatory PSSF funding authorization
of $345 million for 5 years (FY2007-FY2011) and extends the
discretionary funding authorization of $200 million for each of
those same 5 years.
REASON FOR CHANGE
PSSF funds are important in providing child welfare
services.
Extension of court entitlement to allotment of set-aside funds and
required match
CURRENT LAW
For each of FY2002-FY2006, each eligible State highest
court is entitled to an allotment of funds to assess and make
improvements in its handling of child welfare proceedings. This
allotment is provided out of funds set-aside from the total
funding provided for the Promoting Safe and Stable Families
program. (The minimum which must be provided via this set-aside
is $10 million per year and the maximum amount which may be
available is $16.6 million per year.) In order to receive their
full allotment of funds in each of these years, the State
highest court must provide a 25 percent match of the Federal
funds it is allotted.
COMMITTEE BILL
The bill extends the entitlement of each eligible State's
highest courts to this same allotment amount from funds set-
aside out of the Promoting Safe and Stable Families program
appropriations for each of FY2007-FY2011, and it continues to
condition a State highest court's full receipt of its allotment
in each of those same 5 years on provision of a 25 percent
funding match by the court.
REASON FOR CHANGE
Improving the handling of child welfare proceedings by
courts remains important.
Technical correction of funding of Promoting Safe and Stable Families
for FY2006
CURRENT LAW
In December 2005 the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations
Act, 2006 (P.L. 109-149) appropriated $305 million in mandatory
funds for the Promoting Safe and Stable Families program for
FY2006. (At the time this was the full mandatory funding level
authorized for the program.) The Deficit Reduction Act of 2005,
which was enacted in February 2006, raised the mandatory
funding authorization for the program to $345 million for
FY2006.
COMMITTEE BILL
The bill amends P.L. 109-149 to increase the FY2006
mandatory appropriation provided for the Promoting Safe and
Stable Families program to $345 million effective as of
February 8, 2006.
REASON FOR CHANGE
Technical Correction of funding of PSSF for FY2006.
SECTION 4--REAUTHORIZATION AND EXPANSION OF THE MENTORING CHILDREN OF
PRISONERS PROGRAM
Purposes amended
CURRENT LAW
Provides that the purpose of the Mentoring Children of
Prisoners program (section 439 of the Social Security Act) is
to authorize HHS to make competitive grants to support the
establishment or expansion and operation of programs that
provide mentoring services to children of prisoners (via a
network of public and private community entities) and which are
in areas with substantial numbers of children who have
incarcerated parents.
COMMITTEE BILL
The bill adds a new purpose of this program. That purpose
is to authorize HHS to enter into a cooperative agreement with
a national mentoring support organization to provide greater
flexibility nationwide to increase the number of children of
prisoners receiving mentoring services.
REASON FOR CHANGE
The Committee finds that while 20,000 children of prisoners
have been matched with mentors, there are many more who have
not. Approximately 2 million children have at least one parent
in a Federal or State correctional facility, suggesting that
the need for this sort of mentoring is substantial.
The Committee also finds that while the Administration of
Children and Families (ACF) has funded 218 site-based
organizations; there are over 4000 mentoring programs across
the country. Three States (Utah, Vermont and West Virginia)
receive no MCP funding.
The Committee finds that improving family's access to
vouchers for mentoring services may increase access of these
services for vulnerable children of prisoners.
Extension of the Mentoring Children of Prisoners program
CURRENT LAW
Out of the funding provided for this program, HHS is
required to make grants in each of FY2002-FY2006 for provision
of mentoring services to children of prisoners. The grants may
be made to eligible State or local governments, tribal
governments or consortia, faith-based organizations, and
community-based organizations.
COMMITTEE BILL
The bill extends the requirement that HHS make grants (to
State or local governments, tribal governments or consortia,
faith-based organizations, and community-based organizations)
for the provision of mentoring services to prisoners for each
of FY2007-FY2011.
REASON FOR CHANGE
The need for this program continues.
Increased access to mentoring services
CURRENT LAW
No provision.
COMMITTEE BILL
The bill establishes requirements for a cooperative
agreement between HHS and a national mentoring support
organization. HHS must award the cooperative agreement on a
competitive basis to a national mentoring support organization
that has substantial experience in mentoring and mentoring
services for children, and in developing quality program
standards for planning and assessing mentoring programs for
children. The purpose of the cooperative agreement is for this
national mentoring organization to: (1) identify and approve
mentoring programs in all 50 states and the District of
Columbia that meet certain quality program standards; (2)
organize outreach activities to increase awareness among
families of children of prisoners of the availability of
vouchers for mentoring services (including making publicly
available a list of approved programs to public and private
entities); and (3) distribute vouchers directly to approved
programs that have been selected by families of children of
prisoners to provide mentoring services for their children.
REASON FOR CHANGE
To provide for increased access for mentoring services for
children of prisoners.
Application requirements
The bill requires an organization seeking to enter this
cooperative agreement with HHS to submit an application to HHS
that demonstrates its experience with mentoring and mentoring
services for children and with the development of quality
program standards for planning and assessing mentoring programs
for children. The application must also include a plan that
details the proposed voucher distribution program and must
include the quality program standards for mentoring developed
by the entity and describe how the entity will organize and
implement these quality program standards. The entity must
further describe in its application how it will organize and
implement the distribution of vouchers, including how it will
ensure that children in urban and rural communities and
children with other geographic, linguistic, or cultural
barriers to receipt of mentoring services will have access to
such services; and that, if the entity usually provides gender-
specific programs or services, both girls and boys will be
appropriately served by the program. Finally, in its
application the entity must also identify those organizations
it knows that comply with quality program standards for
mentoring; describe the strategic plan of the entity to work
with families of prisoners to develop the list of mentoring
programs that accept vouchers distributed under this program;
and describe the methods that it will use to evaluate the
voucher program, the extent to which the program is achieving
the purposes of the cooperative agreement and supports the
establishment or expansion and operation of programs that
provide mentoring services to children of prisoners in areas
where there are substantial numbers of children with
incarcerated parents.
In addition, the bill specifies that as a part of the
application the entity must agree to: (1) include criminal
background checks of mentors in any quality program standards
for approved mentoring programs; (2) maintain records, make
reports, and cooperate with reviews and audits that HHS finds
necessary as part of overseeing the cooperative agreement and
expenditures; (3) cooperate fully with the ongoing and final
evaluation of the voucher program, including allowing HHS
access to the voucher distribution program, program-related
records and documents, and staff, as well as, to the mentoring
programs to which vouchers were distributed; and (4) to provide
any other information HHS finds necessary to show the entity's
capacity to carry out the cooperative agreement.
The bill states that the value of a voucher under this
subsection can be disregarded for purposes of determining the
eligibility for--or the amount of--any other Federal, or
federally supported assistance for the recipient family.
Evaluations and reports
CURRENT LAW
Requires HHS to conduct an evaluation of the mentoring
programs conducted under the Mentoring Children of Prisoners
provisions and to submit to Congress a report on the findings
no later than April 15, 2005.
COMMITTEE BILL
The bill requires HHS to conduct evaluations of the
programs authorized under the Mentoring Children of Prisoners
provisions, including the program for increased access to
mentoring services (via vouchers) that is created in this
legislation.
The bill provides that no later than 12 months after the
enactment of this legislation, HHS must submit a report to
Congress that includes: (1) the characteristics of the
mentoring programs funded under this section; (2) the plans for
implementation of the cooperative agreement to increase access
to mentoring services (including through distribution of
vouchers); (3) a description of the outcome-based evaluation of
the programs authorized under this section (which HHS is
conducting as of the date of the bill's enactment), including
how the evaluation has been expanded to evaluate the program to
increase access to mentoring services through distribution of
vouchers; and (4) the date by which HHS will submit to Congress
a final report on this evaluation.
REASON FOR CHANGE
To provide for the evaluation of and reporting to Congress
on the new use of Mentoring Children of Prisoners funding.
Authorization of discretionary appropriations for Mentoring Children of
Prisoners
CURRENT LAW
For each of FY2002 and FY2003, authorizes discretionary
appropriations of $67 million for the Mentoring Children of
Prisoners program; authorizes appropriations for this program
in every succeeding year (indefinite or no-year limit) at
``such sums as may be necessary''.
COMMITTEE BILL
The bill authorizes appropriations up to $67 million for
each of FY2007-FY2011.
REASON FOR CHANGE
There continues to be a need for this program.
Reservation of program funds for mentoring voucher program
CURRENT LAW
Annually provides that 2.5 percent of the funds
appropriated for Mentoring Children of Prisoners must be
reserved for HHS to spend on research, technical assistance and
evaluation related to the programs funded.
COMMITTEE BILL
The bill retains the current set-aside for research,
technical assistance and evaluation. It further requires HHS to
reserve not more than 50 percent of the total amount
appropriated for each fiscal year to carry out the new program
for increasing access to mentoring services (via vouchers).
However, HHS must use at least $25 million of the appropriated
funds to continue providing competitive grants to programs that
provide mentoring services to children of prisoners. And if the
total appropriation for the Mentoring Children of Prisoners
program is less than $25 million, no funds would be available
for the purpose of increasing access to mentoring services (via
vouchers).
REASON FOR CHANGE
To reserve funds for competitive site-based grants for
programs that provide mentoring services for children of
prisoners.
GAO evaluation and report
CURRENT LAW
No provision.
COMMITTEE BILL
No more than 3 years after the enactment of this
legislation, the Government Accountability Office (GAO) must
submit to Congress a report evaluating the implementation and
effectiveness of the program first authorized by this
legislation for increasing access to mentoring services (via
vouchers).
REASON FOR CHANGE
To evaluate the implementation and effectiveness of the new
voucher programs to increase access to mentoring services for
children of prisoners.
SECTION 5--ALLOTMENT AND GRANTS TO INDIAN TRIBES
Increase set-aside for tribal Promoting Safe and Stable Families
programs
CURRENT LAW
Requires that 1 percent of all mandatory Promoting Safe and
Stable Families funds, and 2 percent of any discretionary
appropriations for the program, be set-aside for tribal
programs. (The minimum tribal funding provided is $3.45 million
and the maximum annual tribal funding possible is $7.45
million.)
COMMITTEE BILL
The bill requires that 3 percent of all mandatory Promoting
Safe and Stable Families funds, and 3 percent of any
discretionary appropriations for the program, be set aside for
tribal programs. (The minimum tribal funding provided would be
$10.35 million and the maximum annual tribal funding possible
would be $16.35 million.)
REASON FOR CHANGE
The Committee finds that the current set-aside for Indian
tribal program is not sufficient to address the child welfare
need in Indian country.
Access to allotment for tribal consortia
CURRENT LAW
Out of the tribal funds reserved, Indian tribes or tribal
organizations with an approved plan must be allotted Promoting
Safe and Stable Families funds (based on the relative share of
tribal persons under age 21 but only among tribes or tribal
organizations with approved plans). HHS may exempt a tribe from
any plan requirement that it determines would be inappropriate
for that tribe (taking into account the resources, needs, and
other circumstances of that tribe). However, no tribe or tribal
organization may have an approved plan (or receive funds)
unless its allotment is equal to at least $10,000. Funds
allotted are paid directly to the tribal organization of the
Indian tribe to which the money is allotted.
COMMITTEE BILL
The bill permits tribal consortia to have access to an
allotment of Promoting Safe and Stable Families program funds
(and related technical assistance) on the same basis as is
currently available to Indian tribes. A tribal consortia's
allotment is to be determined based on the number of tribal
persons under age 21 in each tribe that is a part of the tribal
consortia. Where tribes choose to apply collectively as a
consortium, the population of tribal persons under age 21 for
each tribe would be combined in order to determine the size of
the grant to the consortium, including whether the consortium
meets the $10,000 eligibility threshold in the Act. A tribal
consortium could select which Indian tribal organization (among
the tribes in the consortium) would receive the direct payment
of its allotment.
REASON FOR CHANGE
The Committee finds that permanency outcomes for Indian
children can be improved if tribal consortia are able to have
access to an allotment of Promoting Safe and Stable Families
funding on the same basis as is currently available to Indian
Tribes.
SECTION 6--STATE PLAN AMENDEMENTS
Monitoring and evaluation of families adopting or supporting
significant numbers of children
CURRENT LAW
In order to receive Promoting Safe and Stable Families
funds States must provide certain assurances to HHS.
COMMITTEE BILL
The bill adds a new condition of funding under the program,
which would require States to establish procedures to provide
additional evaluation of any family that seeks to provide
foster care to, or to adopt, a large number of children or more
than one sibling group. This additional evaluation, which must
be done before the placement is made, is to fully assess
whether the family has the ability to care for this number of
children. The statute provides that States must establish this
additional evaluation procedure for a family seeking to care
for, or adopt, more than 4 children or more than one group of
siblings, or--provided the State can demonstrate good cause for
this and receives approval from HHS--any other certain number
of children or sibling groups the State chooses.
In the case of a foster family, the procedures must also
provide for ongoing monitoring to assess the family's continued
ability to provide for this number of children or sibling
groups. In the case of a family seeking to adopt, the
procedures must include monitoring before the adoption is
permitted, to enable the agency to assess whether the family
has the ability to care for this number of children or
siblings.
Within 18 months of the legislation's enactment, and as a
condition for continued approval of its PSSF plan, the State
must submit to HHS a plan for implementing these procedures.
Within 60 days of its receipt of such a plan from a State, HHS
must notify the State of its approval of the plan or of any
necessary additions or modifications that must be made before
it can be approved.
REASON FOR CHANGE
The Committee finds that, in recent years, there have been
several high profile cases (New Jersey, Tennessee, and Ohio) of
child abuse in families that were providing foster care or had
adopted a large number of children from the foster care system.
The Committee finds that many foster children have already
endured child abuse or neglect, so there is a strong obligation
to protect the children. Having a large number of children in
the family can be much more challenging, and States need to
ensure that the issue of existing family size has been
addressed and considered prior to an additional foster care
placement or an additional adoption for foster care. However,
the Committee also finds that once an addition into a larger
family has been approved, such families should be treated the
same as every finalized adoption.
State submission of annual expenditure reports to HHS and provision of
report to Congress
CURRENT LAW
States must spend ``significant portions'' of the funds
they receive under the Promoting Safe and Stable Families
program on four categories of services: family support, family
preservation, time-limited family reunification, and adoption
promotion and support; and they may spend no more than 10
percent of the funds to administer the program. Every 5 years
States must develop a plan, including goals, for the use of the
program funds, and the plan must be made available to HHS and
to the public. Further, States must annually review their
progress in meeting those goals and they must separately submit
to HHS (and make available to the public) descriptions of the
service programs they intend to provide in the upcoming fiscal
year (within each of the four service categories), the
geographic areas where these services will be available, and
the populations that will be served. Finally, States are
required to furnish such reports to HHS, in whatever format and
containing whatever information it may require.
As implemented by HHS, States are required to spend at
least 20 percent of their Promoting Safe and Stable Families
funds on each of the four service categories (unless they can
provide an ``especially strong rationale'' for not doing this).
Every 5 years States must prepare a 5-year Child and Family
Services Plan (CFSP) that establishes goals and describes the
State's plan for provision of child and family services under
the Promoting Safe and Stable Families program, as well as
across a range of Federal child welfare programs (including
Child Welfare Services under title IV-B, subpart 1 of the
Social Security Act; State Grants, under the Child Abuse
Prevention and Treatment Act; and the Chafee Foster Care
Independence Program and related Education and Training
Vouchers, both under section 477 of the Social Security Act).
In addition, States must each year submit an Annual Progress
and Services Report, the CFS-101 Part I--Annual Budget Request,
and the CFS-101 Part II--Annual Summary of Child and Family
Services. The reports must be submitted to the regional offices
of the HHS Administration for Children and Families (ACF).
On form CFS-101 Part I States report how they intend to
allocate their Promoting Safe and Stable Families funds
(between the four service categories) for the upcoming fiscal
year and also request their funding allotments for Child
Welfare Services, CAPTA State grants, the Chafee Foster Care
Independence Program and Education and Training Vouchers. On
form CFS-101, Part II States report how they expect to spend
all child welfare dollars (Federal and State) in 13 separate
categories (and by specific Federal funding stream). States
must also report on the number of families or individuals
expected to be served and the geographic areas that will be
served. This information is due to the HHS regional office 3
months before the start of the fiscal year for which funds are
being requested (e.g., by June 30, 2005 for request of FY2006
funds).
COMMITTEE BILL
No later than June 30 of each year, the bill requires
States to submit to HHS one copy of the forms CFS-101, Part I
and CFS-101 Part II (or any successor forms) with information
concerning planned expenditures for child and family services
in the immediately succeeding fiscal year as well as a second
set of the same forms showing the actual expenditures for child
and family services in the immediately preceding fiscal year.
However, with regard to the form (CFS-101 Part II) used to show
actual expenditures by 13 separate categories and multiple
funding streams, States would only be required to submit
information regarding their actual expenditures for the
preceding fiscal year under two Federal funding streams: the
Child Welfare Services and Promoting Safe and Stable Families
programs (title IV-B, subpart 1 and 2 of the Social Security
Act.)
The bill further provides that HHS must compile these
reports (showing planned and actual expenditures for the
specified fiscal years) and no later than September 30 of each
year must submit this compilation to the Committee on Ways and
Means of the House of Representatives and the Committee on
Finance of the Senate.
The bill provides that the first State submission of such
forms to HHS under this requirement must be made by June 30,
2007 and that HHS must submit the first compilation of such
forms to Congress by September 30, 2007.
REASON FOR CHANGE
For many years, States have provided information on
prospective spending plans for title VI-B, parts one and two.
The Promoting Safe and Stable Families Program requires that
States allocate ``significant sums,'' which is defined by
regulation as 20 percent of the total, to each of the four
categories. The Committee finds that current report
requirements only reflect prospective spending plans and it
would be very useful to HHS and Congressional oversight
committees to have annual reports on the actual spending among
the four categories to evaluate and track improvements and
changes in program spending, particularly on adoption and post-
adoption services as the number of adopted children and
adoptive families increases over time.
SECTION 7--EFFECTIVE DATE
CURRENT LAW
Mandatory and discretionary funding for the Promoting Safe
and Stable Families program is authorized through FY2006,
including set-asides for allotments to tribes, grants to State
highest courts, and expenditures by HHS (for evaluation,
training, technical assistance, and research related to the
program). HHS is authorized to make grants under the Mentoring
Children of Prisoners program through FY2006 and funding for
this program is authorized indefinitely.
COMMITTEE BILL
The bill provides that effective with October 1, 2006, the
annual funding authority (mandatory and discretionary) for the
Promoting Safe and State Families program is extended through
FY2011 (with current set-aside amounts continued for HHS and
increased for tribes). HHS is authorized to make grants under
the Mentoring Children of Prisoners program for each of FY2007-
FY2011 (with funds authorized for that purpose for those same
years).
Unless otherwise specified in the legislation, other
changes made by the bill are also effective on October 1, 2006.
However, if HHS determines that State legislation is required
in order for a State to meet any new requirement under this
legislation, the State must have until the completion of the
first State legislative session after enactment of this act to
comply with such new requirements.
REASON FOR CHANGE
To extend funding authority for the Promoting Safe and
Stable Families program and to extend the authorization for the
Mentoring Children of Prisoners Program.
III. VOTE OF THE COMMITTEE
In compliance with paragraph 7(b) of rule XXVI of the
Standing Rules of the Senate, the following statements are made
concerning the vote in the Committee's consideration of the
bill.
Motion to report the bill
The bill was ordered favorably reported by a unanimous
voice vote on June 8, 2006. A quorum was present. No amendments
were voted upon.
IV. REGULATORY IMPACT STATEMENT AND RELATED MATTERS
A. Regulatory Impact
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
statement concerning the regulatory impact of the ``Improving
Outcomes for Children Affected by Meth Act of 2006.''
IMPACT ON INDIVIDUALS AND BUSINESSES
The bill extends the mandatory Promoting Safe and Stable
Families funding authorization for 5 years. This provision
allows States to continue to spend Promoting Safe and Stable
Families funding and therefore does not impose any additional
paperwork or regulatory burdens on individuals or businesses.
The bill also creates a new section in title IV-B, subpart
2 of the Social Security Act that authorizes the Department of
Health and Human Services to make competitive grants to
regional partnerships that provide services and activities
designed to increase the well-being of and improve the
permanency outcomes for children affected by methamphetamine
abuse and addiction. Because application for these grants is
voluntary, this provision does not impose any additional
paperwork or regulatory burdens on individuals or businesses.
The bill also authorizes appropriations for the Mentoring
Children of Prisoners program and provides for increased access
for mentoring services for children. Application for funding is
voluntary, therefore this provision does not impose any
additional paperwork or regulatory burden on individuals or
businesses.
IMPACT ON PERSONAL PRIVACY
The bill provides grants for services to children and
families. In the context of seeking assistance, families may be
asked about personal circumstances. The bill should not
increase the amount of personal information and paperwork
required.
V. COST ESTIMATE
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 21, 2006.
Hon. Charles E. Grassley,
Chairman, Committee on Finance,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed revised cost estimate for S. 3525, the
Improving Outcomes for Children Affected by Meth Act of 2006.
This estimate supersedes our original estimate, which was
transmitted on June 20, 2006.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Christina
Hawley Anthony.
Sincerely,
Donald B. Marron,
Acting Director.
Enclosure.
S. 3525--Improving Outcomes for Children Affected by Meth Act of 2006
Summary: S. 3525 would amend subpart 2 of part B of title
IV of the Social Security Act to reauthorize various child
welfare programs and to direct funding to assist families
affected by methamphetamine abuse and addiction. The bill would
increase discretionary authorizations by an estimated $1.1
billion over the 2007-2011 period, and, assuming the
appropriation of the authorized amounts, would result in
additional outlays of $0.8 billion over the same period.
Certain child welfare programs categorized as direct
spending also would be reauthorized by the bill. As required by
the Deficit Control Act, the costs of extending those mandatory
programs--$1.4 billion over the 2007-2011 period--are already
included in CBO's baseline. Therefore, enacting S. 3525 would
not result in an estimated change in direct spending relative
to those baseline projections.
The bill contains no intergovernmental or private-sector
mandates as defined by the Unfunded Mandates Reform Act (UMRA);
any costs to state, local, or tribal governments would result
from complying with conditions of federal assistance.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 3525 is shown in the following table.
The costs of this legislation fall within budget function 500
(education, training, employment, and social services).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------
2006 2007 2008 2009 2010 2011
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law:
Estimated Authorization Level\1\...................... 138 50 51 52 53 54
Estimated Outlays..................................... 136 116 67 55 52 53
Proposed Changes:
Promoting Safe and Stable Families:
Authorization Level............................... 0 200 200 200 200 200
Estimated Outlays................................. O 40 150 190 200 200
Mentoring Children of Prisoners:
Estimated Authorization Level..................... 0 17 16 15 14 13
Estimated Outlays................................. 0 1 12 14 15 14
Total Changes:
Estimated Authorization Level..................... 0 217 216 215 214 213
Estimated Outlays................................. 0 41 162 204 215 214
Spending Under S. 3525:
Authorization Level\1\................................ 138 267 267 267 267 267
Estimated Outlays..................................... 136 157 229 259 267 267
----------------------------------------------------------------------------------------------------------------
Memorandum: Direct Spending from Program Extensions Assumed in CBO's Baseline
Promoting Safe and Stable Families:
Estimated Budget Authority............................ 0 345 345 345 345 345
Estimated Outlays..................................... 0 93 283 328 345 345
----------------------------------------------------------------------------------------------------------------
\1\The 2006 level is the amount appropriated for that year.
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the end of fiscal year 2006,
and that the authorized amounts will be appropriated for fiscal
year 2007 and subsequent years. The estimated outlays reflect
historical spending patterns for these programs.
The bill would amend and reauthorize various child welfare
programs, including the Promoting Safe and Stable Families
(PSSF) program and the Mentoring Children of Prisoners program.
PSSF is currently authorized through fiscal year 2006, and
receives both mandatory and discretionary funding. Funding for
the mandatory part of PSSF is $345 million for fiscal year
2006; the discretionary portion received an appropriation for
this year of $89 million. Reauthorization of PSSF would have no
effect on direct spending relative to CBO's baseline because
those mandatory costs are already assumed in the baseline. The
Mentoring Children of Prisoners program is permanently
authorized and received funding of $49 million for 2006. That
program, along with discretionary grants under the PSSF
program, would be reauthorized at stated amounts for fiscal
years 2007 through 2011, for an estimated increase in
discretionary authorizations of $1.1 billion over that period.
Spending subject to appropriation
The bill would reauthorize discretionary grants under the
PSSF program as well as the program for mentoring children of
prisoners. PSSF currently is authorized through fiscal year
2006. The program for mentoring children of prisoners is
permanently authorized at ``such sums as may be necessary.''
Promoting Safe and Stable Families. Discretionary
appropriations for PSSF totaled $89 million for 2006. S. 3525
would authorize appropriations for the discretionary PSSF
grants at $200 million annually from 2007 through 2011, for a
total of $1 billion over that 5-year period. Based on
historical spending rates for the program, CBO estimates that
resulting outlays would total $780 million over the 2007-2011
period.
Mentoring Children of Prisoners. S. 3525 would authorize
appropriations of $67 million for the Mentoring Children of
Prisoners program annually from 2007 through 2011. The program,
which currently is permanently authorized, received an
appropriation of $49 million for fiscal year 2006. For the
purpose of this estimate, CBO estimates the ``such sums''
authorizations under current law by adjusting the 2006
appropriation for inflation. The authorizations specified in
the bill would exceed those amounts by $75 million from 2007
through 2011. The bill would call for establishing a
cooperative agreement with an entity charged with identifying
appropriate mentoring organizations, providing outreach to
eligible families about mentoring services, and distributing
vouchers on behalf of these families for such services.
Direct spending
S. 3525 would reauthorize mandatory grants under the PSSF
program at $345 million each year for fiscal years 2007 through
2011. Those grants currently are authorized at $345 million for
fiscal year 2006. Under the procedures specified in section 257
of the Deficit Control Act, the costs of extending PSSF are
assumed in CBO's baseline. The bill would reserve $40 million
of those funds for grants to regional partnerships for the
provision of services such as drug treatment, counseling, and
parental skills training.
Section 6 could result in added costs for the federal
program that provides federal matching funds to states for
foster care and adoption assistance because it would require
states to include assurances of additional monitoring of
certain adoptive and foster homes in their plans. CBO estimates
that the federal cost of this additional monitoring is likely
to be less than $500,000 each year.
Intergovernmental and private-sector impact: S. 3525
contains no intergovernmental or private-sector mandates as
defined by UMRA. State, local, and tribal governments would
benefit from grant funds authorized in the bill including funds
reserved for implementing services for children affected by
drug abuse. Any costs they might incur would result from
complying with conditions of federal assistance.
Previous CBO estimate: This estimate supersedes the cost
estimate for S. 3525 that CBO transmitted on June 20, 2006.
That estimate incorrectly assumed that the Mentoring Children
of Prisoners program was not authorized beyond 2006, and showed
costs for reauthorizing that program that did not account for
the existing authorization.
Estimate prepared by: Federal Costs: Christina Hawley
Anthony and Jonathan Morancy. Impact on State, Local, and
Tribal Governments: Lisa Ramirez-Branum. Impact on the Private
Sector: Molly Dahl.
Estimate approved by: Robert A. Sunshine, Assistant
Director for Budget Analysis.
VI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
Pursuant to the requirements of paragraph 12 of rule XXVI
of the Standing Rules of the Senate, changes in existing law
made by the bill, as reported, are shown as follows (existing
law proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SOCIAL SECURITY ACT
* * * * * * *
TITLE IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH
CHILDREN AND FOR CHILD-WELFARE SERVICES
* * * * * * *
PART B--CHILD AND FAMILY SERVICES
* * * * * * *
Subpart 2--Promoting Safe and Stable Families
* * * * * * *
STATE PLANS
Sec. 432. (a) Plan Requirements.--A State plan meets the
requirements of this subsection if the plan--
(1) provides that the State agency shall administer,
or supervise the administration of, the State program
under this subpart;
* * * * * * *
(5) contains assurances that the State will--
(A) annually prepare, furnish to the
Secretary, and make available to the public a
description (including separate descriptions
with respect to family preservation services,
community-based family support services, time-
limited family reunification services, and
adoption promotion and support services) of--
(i) the service programs to be made
available under the plan in the
immediately succeeding fiscal year;
(ii) the populations which the
programs will serve; and
(iii) the geographic areas in the
State in which the services will be
available; [and]
(B) perform the activities described in
subparagraph (A)--
(i) in the case of the 1st fiscal
year under the plan, at the time the
State submits its initial plan; and
(ii) in the case of each succeeding
fiscal year, by the end of the 3rd
quarter of the immediately preceding
fiscal year;
(C) establish procedures to provide for the
additional evaluation of any family that
proposes to provide foster care for more than 4
children or more than 1 group of siblings (or
more than such number of children and groups of
siblings as the State, upon demonstration of
good cause and approval by the Secretary, may
establish), prior to permitting the family to
provide foster care to such children or
siblings, and to provide for ongoing monitoring
of the family (prior to and during the
provision of such foster care), to fully assess
whether the family has the ability to care for
such children or siblings; and
(D) establish procedures to provide for the
additional evaluation of any family that
proposes to adopt more than 4 children or more
than 1 group of siblings (or more than such
number of children and groups of siblings as
the State, upon demonstration of good cause and
approval by the Secretary, may establish),
prior to permitting the family to adopt such
children or siblings, and to provide pre-
adoption monitoring of the family, to fully
assess whether the family has the ability to
care for such children or siblings before
permitting such adoption;
(6) provides for such methods of administration as
the Secretary finds to be necessary for the proper and
efficient operation of the plan;
(7)(A) contains assurances that Federal funds
provided to the State under this subpart will not be
used to supplant Federal or non-Federal funds for
existing services and activities which promote the
purposes of this subpart; and
(B) provides that the State will furnish reports to
the Secretary, at such times, in such format, and
containing such information as the Secretary may
require, that demonstrate the State's compliance with
the prohibition contained in subparagraph (A);
(8)(A) provides that the State agency will furnish
such reports, containing such information, and
participate in such evaluations, as the Secretary may
require; [and]
(B) provides that, not later than June 30 of each
year, the State agency will submit to the Secretary--
(i) copies of forms CFS 101-Part I and CFS
101-Part II (or any successor forms) that
report on planned child and family services
expenditures by the agency for the immediately
succeeding fiscal year; and
(ii) copies of forms CFS 101-Part I and CFS-
101, Part II (or any successor forms) that
provides, only with respect to the programs
authorized under this subpart and subpart 1,
actual expenditures by the State agency for the
immediately preceding fiscal year; and
(9) contains assurances that in administering and
conducting service programs under the plan, the safety
of the children to be served shall be of paramount
concern.
(b) Approval of Plans.--
(1) In general.--The Secretary shall approve a plan
that meets the requirements of subsection (a) only if
the plan was developed jointly by the Secretary and the
State, after consultation by the State agency with
appropriate public and non-profit private agencies and
community-based organizations with experience in
administering programs of services for children and
families (including family preservation, family
support, time-limited family reunification, and
adoption promotion and support).
(2) Plans of indian tribes or tribal consortia.--
(A) Exemption from inappropriate
requirements.--The Secretary may exempt a plan
submitted by an Indian tribe or tribal
consortium from any requirement of this section
that the Secretary determines would be
inappropriate to apply to the Indian tribe or
tribal consortium, taking into account the
resources, needs and other circumstances of the
Indian tribe or tribal consortium.
(B) Special rule.--Notwithstanding
subparagraph (A) of this paragraph, the
Secretary may not approve a plan of an Indian
tribe or tribal consortium under this subpart
to which (but for this subparagraph) an
allotment of less than $10,000 would be made
under section 433(a) if allotments were made
under section 433(a) to all Indian tribes with
plans approved under this subpart with the same
or larger numbers of children.
(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.
* * * * * * *
SEC. 433. [42 U.S.C. 629C] ALLOTMENTS TO STATES.
(a) Indian Tribes or Tribal Consortia.--From the amount
reserved pursuant to section 436(b)(3) for any fiscal year, the
Secretary shall allot to each Indian tribe with a plan approved
under this subpart an amount that bears the same ratio to such
reserved amount as the number of children in the Indian tribe
bears to the total number of children in all Indian tribes or
tribal consortia with State plans so approved, as determined by
the Secretary on the basis of the most current and reliable
information available to the Secretary. 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.
* * * * * * *
PAYMENTS TO STATES
Sec. 434. (a) Entitlement.--Each State that has a plan
approved under section 432 shall be entitled to payment of the
lesser of--
* * * * * * *
(c) Direct Payments to Tribal Organizations of Indian
Tribes or Tribal Consortia.--The Secretary shall pay any amount
to which an Indian tribe or tribal consortium is entitled under
this section directly to the tribal organization of the Indian
tribe or tribal consortium (or in the case of a payment to a
tribal consortium, such tribal organizations of the Indian
tribes that are part of the consortium as the consortium shall
designate).
EVALUATIONS: RESEARCH; TECHNICAL ASSISTANCE
Sec. 435. (a) Evaluations.--
(1) In general.--The Secretary shall evaluate and
report to the Congress biennially on effectiveness of
the programs carried out pursuant to this subpart in
accomplishing the purposes of this subpart, and may
evaluate any other Federal, State, or local program,
regardless of whether federally assisted, that is
designed to achieve the same purposes as the program
under this subpart, in accordance with criteria
established in accordance with paragraph (2).
* * * * * * *
(d) Technical Assistance.--To the extent funds are
available therefor, the Secretary shall provide technical
assistance that helps States and Indian tribes or tribal
consortia to--
* * * * * * *
SEC. 436. AUTHORIZATION OF APPROPRIATIONS; RESERVATION OF CERTAIN
AMOUNTS.
(a) Authorization.--In addition to any amount otherwise
made available to carry out this subpart, there are authorized
to be appropriated to carry out this subpart $345,000,000 [for
fiscal year 2006. Notwithstanding the preceding sentence, the
total amount authorized to be so appropriated for fiscal year
2006 under this subsection and under this subsection (as in
effect before the date if the enactment of the Deficit
Reduction Act of 2005) is $345,000,000.] for each of fiscal
years 2007 through 2011.
(b) Reservation of Certain Amounts.--From the amount
specified in subsection (a) for a fiscal year, the Secretary
shall reserve amounts as follows:
(1) Evaluation, research, training, and technical
assistance.--The Secretary shall reserve $6,000,000 for
expenditures by the Secretary--
(A) for research, training, and technical
assistance costs related to the program under
this subpart; and
(B) for evaluation of State programs based on
the plans approved under section 432 and funded
under this subpart, and any other Federal,
State, or local program, regardless of whether
federally assisted, that is designed to achieve
the same purposes as the State programs.
(2) State court improvements.--The Secretary shall
reserve $10,000,000 for grants under section 438.
(3) Indian tribes or tribal consortia.--The Secretary
shall reserve [1] 3 percent for allotment to Indian
tribes or tribal consortia in accordance with section
433(a).
(4) Improved outcomes for children affected by
methamphetamine abuse and addition.--With respect to
each of fiscal years 2007 through 2011, if the amount
appropriated to carry out this subpart for any such
fiscal year is at least $345,000,000, the Secretary
shall reserve $40,000,000 of the amount appropriated
for that fiscal year for grants under section 440.
DISCRETIONARY GRANTS
Sec. 437. (a) Limitations on Authorization of
Appropriations.--In addition to any amount appropriated
pursuant to section 436, there are authorized to be
appropriated to carry out this section $200,000,000 for each of
fiscal years [2002 through 2006] 2007 through 2011.
(b) Reservation of Certain Amounts.--From the amount (if
any) appropriated pursuant to subsection (a) for a fiscal year,
the Secretary shall reserve amounts as follows:
(1) Evaluation, research, training, and technical
assistance.--The Secretary shall reserve 3.3 percent of
expenditure by the Secretary for the activities
described in section 436(b)(1).
(2) State court improvements.--The Secretary shall
reserve 3.3 percent for grants under section 438.
(3) Indian tribes or tribal consortia.--The Secretary
shall reserve [2] 3 percent for allotment to Indian
tribes or tribal consortia in accordance with
subsection (c)(1).
(c) Allotments.--
(1) Indian tribes or tribal consortia.--From the
amount (if any) reserved pursuant to subsection (b)(3)
fir any fiscal year, the Secretary shall allot to each
Indian tribe with a plan approved under this subpart an
amount that bears the same ratio to such reserved
amount as the number of children in the Indian tribe
bears to the total number of children in all Indian
tribes with State plans so approved, as determined by
the Secretary on the basis of the most current and
reliable information available to the Secretary. 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.
* * * * * * *
SEC. 438. ENTITLEMENT FUNDING FOR STATE COURTS TO ASSESS AND IMPROVE
HANDLING OR PROCEEDINGS RELATING TO FOSTER CARE AND
ADOPTION.
(a) In General.--The Secretary shall make grants, in
accordance with this section, to the highest State courts in
States participating in the program under part E, for the
purpose of enabling such courts--
* * * * * * *
(c) Allotments.--
(1) Grants to assess and improve handling of court
proceedings relating to foster care and adoption.--
(A) In general.--Each highest State court
which has an application approved under
subsection (b) of this section for a grant
described in subsection (b)(2)(A) of this
section, and is conducting assessment and
improvement activities in accordance with this
section, shall be entitled to payment, for each
of fiscal years [2002 through 2006] 2007
through 2011 from the amount reserved pursuant
to section 436(b)(2) (and the amount, if any,
reserved pursuant to section 437(b)(2)), of an
amount equal to the sum of $85,000 plus the
amount described in subparagraph (B) of this
paragraph for the fiscal year.
* * * * * * *
(d) Federal Share.--Each highest State court which receives
funds paid under this section may use such funds to pay not
more than 75 percent of the cost of activities under this
section in each of fiscal years [2002 through 2006] 2007
through 2011.
* * * * * * *
[GRANTS] FUNDING FOR PROGRAMS FOR MENTORING CHILDREN OF PRISONERS
Sec. 439. (a) Findings and [Purpose] Purposes.--
(1) Findings.--
* * * * * * *
(2) [Purpose] Purposes.--[The purpose of this section
is to authorize the Secretary to make competitive] The
purposes of this section are to authorize the
Secretary--
(A) to make competitive grants to applicants
in areas with substantial numbers of children
of incarcerated parents, to support the
establishment or expansion and operation of
programs using a network of public and private
community entities to provide mentoring
services for children of prisoners[.]; and
(B) to enter into a cooperative agreement
with a national mentoring support organization
to provide greater flexibility nationwide to
increase the number of children of prisoners
receiving mentoring services.
* * * * * * *
(c) Program Authorized.--From the amounts appropriated
under subsection [(h)] (i) for a fiscal year that remain after
applying subsection [(h)(2)] (i)(2), the Secretary shall make
grants under this section for each of fiscal years [2002
through 2006] 2007 through 2011 to State or local governments,
tribal governments or tribal consortia, faith-based
organizations, and community-based organizations in areas that
have significant numbers of children of prisoners and that
submit applications meeting the requirements of this section,
in amounts that do not exceed $5,000,000 per grant.
* * * * * * *
[(g) Evaluation.--The Secretary shall conduct an evaluation
of the programs conducted pursuant to this section, and submit
to the Congress not later than April 15, 2005, a report on the
findings of the evaluation.
[(h) Authorization of Appropriations; Reservation of
Certain Amounts.--
[(1) Authorization.--There are authorized to be
appropriated to carry out this section $67,000,000 for
each of fiscal years 2002 and 2003, and such sums as
may be necessary for each succeeding fiscal year.
[(2) Reservation.--The Secretary shall reserve 2.5
percent of the amount appropriated for each fiscal year
under paragraph (1) for expenditure by the Secretary
for research, technical assistance, and evaluation
related to programs under this section.]
(g) Increased Access to Mentoring Services.--
(1) In general.--The Secretary shall award, on a
competitive basis, a cooperative agreement with an
eligible entity (as specified in paragraph (2)) for the
purposes of--
(A) identifying and approving mentoring
programs in all 50 States and the District of
Columbia that meet certain quality program
standards;
(B) organizing outreach activities, including
making publicly available a list of such
approved programs, to appropriate public and
private entities described in subsection (d)(2)
to increase awareness of the availability of
vouchers for mentoring services among families
of children of prisoners; and
(C) distributing vouchers directly to such
approved programs that have been selected by
families of children of prisoners to provide
mentoring services for their children.
(2) Eligible entity.--For purposes of paragraph (1),
an entity eligible for a cooperative agreement under
this subsection shall be a national mentoring support
organization that has substantial experience--
(A) in mentoring and mentoring services for
children; and
(B) in developing quality program standards
for the planning and assessment of mentoring
programs for children.
(3) Application requirements.--To be eligible for a
cooperative agreement under this subsection, an entity
shall submit to the Secretary an application that
includes the following:
(A) Qualifications.--A demonstration that the
entity meets the experience requirements of
paragraph (2).
(B) Plan description.--A detailed description
of the proposed voucher distribution program,
which shall--
(i) include the quality program
standards for mentoring developed by
the entity;
(ii) describe how the entity will
organize and implement such quality
program standards and distribution
program, including how the entity plans
to ensure that--
(I) children in urban and
rural communities and children
with other geographic,
linguistic, or cultural
barriers to receipt of
mentoring services will have
access to such services; and
(II) if the entity usually
provides gender-specific
programs or services, both
girls and boys will be
appropriately served by the
program;
(iii) identify those organizations
known by the entity to comply with such
quality program standards;
(iv) describe the strategic plan of
the entity to work with families of
prisoners to develop the list of
mentoring programs that accept vouchers
distributed under the program for
mentoring services; and
(v) describe the methods to be used
by the entity to evaluate the program
and the extent to which the program is
achieving the purposes described in
paragraph (1) and subsection (a)(2)(A).
(C) Criminal background checks.--An agreement
to include in any quality program standards for
approved mentoring programs the requirement for
criminal background checks for mentors.
(D) Records, reports, and audits.--An
agreement to maintain such records, make such
reports, and cooperate with such reviews and
audits as the Secretary may find necessary for
purposes of oversight of the cooperative
agreement and expenditures.
(E) Evaluation.--A commitment to cooperate
fully with the Secretary's ongoing and final
evaluation of the voucher distribution program,
including providing the Secretary with access
to the program and program-related records and
documents, staff, and the mentoring programs to
which vouchers were distributed.
(F) Other.--Such other information as the
Secretary may find necessary to demonstrate the
entity's capacity to carry out the cooperative
agreement under this subsection.
(4) Federal assistance eligibility.--The amount of a
voucher under this subsection may be disregarded for
purposes of determining the eligibility for, or the
amount of, any other Federal or Federally supported
assistance for the recipient family.
(h) Evaluation; Reports.--
(1) Evaluation.--The Secretary shall conduct an
evaluation of the programs authorized under this
section, including the program for increasing access to
mentoring services authorized under subsection (g).
(2) Reports.--Not later than 12 months after the date
of enactment of the Improving Outcomes for Children
Affected by Meth Act of 2006, the Secretary shall
submit a report to Congress that includes the
following:
(A) The characteristics of the mentoring
programs funded under this section.
(B) The plans for implementation of the
cooperative agreement for the program
authorized under subsection (g).
(C) A description of the outcome-based
evaluation of the programs authorized under
this section that the Secretary is conducting
as of such date of enactment and how such
evaluation has been expanded to include an
evaluation of the program authorized under
subsection (g).
(D) The date on which the Secretary shall
submit a final report on such evaluation to
Congress.
(i) Authorization of Appropriations; Reservation of Certain
Amounts.--
(1) Authorization.--There are authorized to be
appropriated to carry out this section $67,000,000 for
each of fiscal years 2007 through 2011.
(2) Reservations.--
(A) Research, technical assistance, and
evaluation.--The Secretary shall reserve 2.5
percent of the amount appropriated for each
fiscal year under paragraph (1) for expenditure
by the Secretary for research, technical
assistance, and evaluation related to programs
under this section.
(B) Increased access to mentoring services.--
(i) In general.--Subject to clauses
(ii) and (iii), the Secretary shall
reserve not more than 50 percent of the
amount appropriated for each fiscal
year under paragraph (1) for purposes
of carrying out the program for
increasing access to mentoring services
authorized under subsection (g).
(ii) Assurance of funding for general
program grants.--With respect to each
fiscal year for which amounts are
appropriated to carry out this section,
not less than $25,000,000 of such
amounts (or, if the amount appropriated
for a fiscal year is less than that
amount, the amount appropriated for
that fiscal year that remains after
applying subparagraph (A)) shall be
used by the Secretary for purposes of
making grants under subsection (c).
(iii) Contingent percentage
reduction.--If the amount appropriated
for a fiscal year is not sufficient for
the Secretary to satisfy the
requirements of clauses (i) and (ii),
the Secretary shall reduce the
percentage described in clause (i) by
such number of percentage points as is
necessary for the Secretary to satisfy
the requirement of clause (ii).
SEC. 440. GRANTS FOR REGIONAL PARTNERSHIPS TO INCREASE THE WELL-BEING
OF, AND IMPROVE THE PERMANENCY OUTCOMES FOR,
CHILDREN AFFECTED BY METHAMPHETAMINE ABUSE AND
ADDICTION.
(a) Purpose.--The purpose of this section is to authorize
the Secretary to make competitive grants to eligible applicants
to provide, through interagency collaboration and integration
of programs and services, services and activities that are
designed to increase the well-being of, and improve permanency
outcomes for, children who are in an out-of-home placement or
are at risk of being placed in an out-of-home placement as a
result of a parent's or caretaker's abuse of methamphetamines.
(b) Eligible Applicants Defined.--In this section, the term
``eligible applicant'' means a regional partnership (which may
be established on an interstate or intrastate basis) and that
shall include any one or more of the following:
(1) Nonprofit child welfare service providers.
(2) For-profit child welfare service providers.
(3) Community health service providers.
(4) Community mental health providers.
(5) Local law enforcement agencies.
(6) Judges and court personnel.
(7) Juvenile justice officials.
(8) School personnel.
(9) The State child welfare agency that is
responsible for the administration of the State plan
under this part and part E.
(10) The State agency responsible for administering
the substance abuse prevention and treatment block
grant provided under subpart II of part B of title XIX
of the Public Health Service Act.
(11) Tribal child welfare agencies (or a consortium
of such agencies).
(12) Any other providers, agencies, personnel,
officials, or entities that are related to the
provision of child and family services under this
subpart.
(c) Program Authorized.--
(1) In general.--From the amounts (if any) reserved
for each of fiscal years 2007 through 2011 under
section 436(b)(4), the Secretary shall award grants
under this section for each such fiscal year to
eligible applicants that satisfy the requirements of
this section, in amounts that are not less than
$500,000 and not more than $1,000,000 per grant per
fiscal year.
(2) Required minimum period of approval.--An eligible
applicant shall be approved to receive a grant under
this section for a period of not less than 2, and not
more than 5, fiscal years.
(d) Application Requirements.--To be eligible for a grant
under this section, an eligible applicant shall submit to the
Secretary a written application containing the following:
(1) Recent evidence that methamphetamine abuse has
increased the number of out-of-home placements for
children, or the number of children who are at risk of
being placed in an out-of-home placement, in the
partnership region.
(2) A description of the goals and outcomes to be
achieved during the funding period for the grant that
will enhance the well-being of children receiving
services or taking part in activities conducted with
funds provided under the grant and lead to safety and
permanence for such children.
(3) A description of the joint activities to be
funded in whole or in part with the funds provided
under the grant, including the sequencing of the
activities proposed to be conducted under the funding
period for the grant.
(4) A description of the strategies for integrating
programs and services determined to be appropriate for
the child and where appropriate, the child's family.
(5) A description of the strategies for--
(A) collaborating with the State agency
responsible for the administration of this part
and part E (unless the lead agency for the
regional partnership of the eligible applicant
is such agency); and
(B) consulting, as appropriate, with the
State agency responsible for administering
substance abuse treatment and prevention
services, and the State law enforcement and
judicial agencies.
To the extent the Secretary determines that a
requirement of this paragraph would be inappropriate to
apply to an eligible applicant that includes a tribal
child welfare agency or a consortium of such agencies,
the Secretary may exempt the eligible applicant from
satisfying such requirement.
(6) Such other information as the Secretary may
require.
(e) Use of Funds.--Funds made available under a grant made
under this section shall only be used for services or
activities that are consistent with the purpose of this section
and may include the following:
(1) Family-based comprehensive long-term drug
treatment services.
(2) Early intervention and preventative services.
(3) Children and family counseling.
(4) Mental health services.
(5) Parenting skills training.
(f) Matching Requirement.--
(1) Federal share.--A grant awarded under this
section shall be available to pay a percentage share of
the costs of services provided or activities conducted
under such grant, not to exceed--
(A) 85 percent for the first and second
fiscal years for which the grant is awarded to
an eligible applicant;
(B) 80 percent for the third and fourth such
fiscal years; and
(C) 75 percent for the fifth such fiscal
year.
(2) Non-federal share.--The non-Federal share of the
cost of services provided or activities conducted under
a grant awarded under this section may be in cash or in
kind. In determining the amount of the non-Federal
share, the Secretary may attribute fair market value to
goods, services, and facilities contributed from non-
Federal sources.
(g) Considerations in Awarding and Amount of Grants.--In
awarding grants under this section and determining the amount
of such grants, the Secretary shall--
(1) consider the demonstrated need of an eligible
applicant for assistance;
(2) ensure that grants are awarded to a diverse
number of the eligible applicants described in
subsection (b); and
(3) give priority to awarding grants to eligible
applicants located in rural areas that--
(A) have been significantly affected by
methamphetamine abuse and addiction by parents
or caretakers;
(B) have limited resources for addressing the
needs of children affected by such abuse and
addiction; and
(C) have a lack of capacity for access to
comprehensive family treatment services.
(h) Performance Indicators.--Not later than 18 months after
the date of enactment of this section, the Secretary shall
establish indicators that will be used to assess periodically
the performance of the eligible applicants awarded grants under
this section in using funds made available under such grants to
achieve the purpose of this section. In establishing such
indicators, the Secretary shall consult with the Assistant
Secretary for the Administration for Children and Families, the
Administrator of the Substance Abuse and Mental Health Services
Administration, the chief executive officers of the States or
territories in which eligible applicants awarded a grant under
this section are located, legislators of such States and
territories, State and local public officials responsible for
administering child welfare and alcohol and drug abuse
prevention and treatment programs in such States and
territories, court staff in such States and territories,
consumers of the services or activities in such States and
territories, advocates for children, parents, and caretakers
who come to the attention of the child welfare system, and
tribal officials of tribal child welfare agencies (or a
consortium of such agencies) awarded a grant under this
section.
(i) Reports.--
(1) Grantee reports.--
(A) Annual report.--Not later than September
30 of the first fiscal year in which an
eligible applicant receives funds under a grant
awarded under this section, and annually
thereafter until September 30 of the last
fiscal year in which an eligible applicant
receives funds under a grant awarded under this
section, the eligible applicant shall submit to
the Secretary a report on the activities
carried out during that fiscal year with such
funds. The report shall contain such
information as the Secretary determines is
necessary to provide an accurate description of
the activities conducted with such funds and of
any changes in the use of such funds that are
planned for the succeeding fiscal year.
(B) Incorporation of information related to
performance indicators.--Not later than 12
months after the establishment of performance
indicators under subsection (h), each eligible
applicant awarded a grant under this section
shall incorporate into the annual report
required under subparagraph (A) information
required in relation to such indicators.
(2) Reports to congress.--On the basis of the reports
submitted under paragraph (1), the Secretary annually
shall submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance
of the Senate a report on--
(A) the services provided and activities
conducted with funds provided under grants
awarded under this section;
(B) the performance indicators established
under subsection (h); and
(C) the progress that has been made in
addressing the needs of families with
methamphetamine abuse problems who come to the
attention of the child welfare system and in
achieving the goals of child safety,
permanence, and family stability.
* * * * * * *
DEPARTMENT OF HEALTH AND HUMAN SERVICES APPROPRIATIONS ACT, 2006
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
* * * * * * *
Administration for Children and Families
* * * * * * *
PROMOTING SAFE AND STABLE FAMILIES
For carrying out section 436 of the Social Security Act,
[$305,000,000] $345,000,000 and for section 437, $90,000,000.
