To amend part B of title IV of the Social Security Act to create a grant program to promote joint activities among Federal, State, and local public child welfare and alcohol and drug abuse prevention and treatment agencies.

March 13, 2003

Ms. SNOWE (for herself, Mr. Rockefeller, Mr. DeWine, Mr. Dodd, Ms. Collins, Ms. Cantwell, Ms. Landrieu, Mrs. Lincoln, and Mr. Bingaman) introduced the following bill; which was read twice and referred to the Committee on Finance

To amend part B of title IV of the Social Security Act to create a grant program to promote joint activities among Federal, State, and local public child welfare and alcohol and drug abuse prevention and treatment agencies.

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 Protection/Alcohol and Drug Partnership Act of 2003'.

SEC. 2. CHILD PROTECTION/ALCOHOL AND DRUG PARTNERSHIPS FOR CHILDREN.

Part B of title IV of the Social Security Act (42 U.S.C. 620 et seq.) is amended by adding at the end the following:

`Subpart 3--Child Protection/Alcohol and Drug Partnerships For Children

`SEC. 440. DEFINITIONS.

`In this subpart:

`(1) ALASKA NATIVE ORGANIZATION- The term `Alaska Native Organization' means any organized group of Alaska Natives eligible to operate a Federal program under the Indian Self-Determination Act (25 U.S.C. 450f et seq.) or such group's designee.

`(2) ADMINISTRATIVE COSTS-

`(A) IN GENERAL- The term `administrative costs' means the costs for the general administration of administrative activities, including contract costs and all overhead costs.

`(B) EXCLUSION- Such term does not include the direct costs of providing services and costs related to case management, training, technical assistance, evaluation, establishment, and operation of information systems, and such other similar costs that are also an integral part of service delivery.

`(3) ELIGIBLE STATE- The term `eligible State' means a State that submits a joint application from the State agencies that--

`(A) includes a plan that meets the requirements of section 442; and

`(B) is approved by the Secretary for a 5-year period after consultation with the Assistant Secretary for the Administration for Children and Families and the Administrator of the Substance Abuse and Mental Health Services Administration.

`(4) INDIAN TRIBE- The term `Indian tribe' means any Indian tribe, band, Nation or other organized group or community of Indians, including any Alaska Native Organization, that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

`(5) STATE-

`(A) IN GENERAL- The term `State' means each of the 50 States, the District of Columbia, and the territories described in subparagraph (B).

`(B) TERRITORIES-

`(i) IN GENERAL- The territories described in this subparagraph are Puerto Rico, Guam, the United States Virgin Islands, American Samoa, and the Northern Mariana Islands.

`(ii) AUTHORITY TO MODIFY REQUIREMENTS- The Secretary may modify the requirements of this subpart with respect to a territory described in clause (i) to the extent necessary to allow such a territory to conduct activities through funds provided under a grant made under this subpart.

`(6) STATE AGENCIES- The term `State agencies' means the State child welfare agency and the unit of State government responsible for the administration of the substance abuse prevention and treatment block grant provided under subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x-21 et seq.).

`(7) TRIBAL ORGANIZATION- The term `tribal organization' means the recognized governing body of an Indian tribe.

`SEC. 441. GRANTS TO PROMOTE CHILD PROTECTION/ALCOHOL AND DRUG PARTNERSHIPS FOR CHILDREN.

`(a) AUTHORITY TO AWARD GRANTS- The Secretary may award grants to eligible States and directly to Indian tribes in accordance with the requirements of this subpart for the purpose of promoting joint activities among Federal, State, and local public child welfare and alcohol and drug abuse prevention and treatment agencies (and among child welfare and alcohol and drug abuse prevention and treatment agencies that are providing services to children in Indian tribes) that focus on families with alcohol or drug abuse problems who come to the attention of the child welfare system and are designed to--

`(1) increase the capacity of both the child welfare system and the alcohol and drug abuse prevention and treatment system to address comprehensively and in a timely manner the needs of such families to improve child safety, family stability, and permanence; and

`(2) promote recovery from alcohol and drug abuse problems.

`(b) NOTIFICATION- Not later than 60 days after the date a joint application is submitted by the State agencies or an application is submitted by an Indian tribe, the

Secretary shall notify a State or Indian tribe that the application has been approved or disapproved.

`SEC. 442. PLAN REQUIREMENTS.

`(a) CONTENTS- Subject to subsection (c), the plan shall contain the following:

`(1) A detailed description of how the State agencies will work jointly to implement a range of activities to meet the alcohol and drug abuse prevention and treatment needs of families who come to the attention of the child welfare system and to promote child safety, permanence, and family stability.

`(2) An assurance that the heads of the State agencies shall jointly administer the grant program funded under this subpart and a description of how they will do so.

`(3) A description of the nature and extent of the problem of alcohol and drug abuse among families who come to the attention of the child welfare system in the State, and of any plans being implemented to further identify and assess the extent of the problem.

`(4) A description of any joint activities already being undertaken by the State agencies in the State on behalf of families with alcohol and drug abuse problems who come to the attention of the child welfare system (including any existing data on the impact of such joint activities) such as activities relating to--

`(A) the appropriate screening and assessment of cases;

`(B) consultation on cases involving alcohol and drug abuse;

`(C) arrangements for addressing confidentiality and sharing of information;

`(D) cross training of staff;

`(E) co-location of services;

`(F) support for comprehensive treatment programs for parents and their children; and

`(G) establishing priority of child welfare families for assessment or treatment.

`(5)(A) 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 5-year funding cycle and the goals to be achieved during such funding cycle. The activities and goals shall be designed to improve the capacity of the State agencies to work jointly to improve child safety, family stability, and permanence for children whose families come to the attention of the child welfare system and to promote their parents' recovery from alcohol and drug abuse.

`(B) The description shall include a statement as to why the State agencies chose the specified activities and goals.

`(6) A description as to whether and how the joint activities described in paragraph (5), and other related activities funded with Federal funds, will address some or all of the following practices and procedures:

`(A) Practices and procedures designed to appropriately--

`(i) identify alcohol and drug treatment needs;

`(ii) assess such needs;

`(iii) assess risks to the safety of a child and the need for permanency with respect to the placement of a child;

`(iv) enroll families in appropriate services and treatment in their communities; and

`(v) regularly assess the progress of families receiving such treatment.

`(B) Practices and procedures designed to provide comprehensive and timely individualized alcohol and drug abuse prevention and treatment services for families who come to the attention of the child welfare system that include a range of options that are available, accessible, and appropriate, and that may include the following components:

`(i) Preventive and early intervention services for children of parents with alcohol and drug abuse problems that integrate alcohol and drug abuse prevention services with mental health and domestic violence services, and that recognize the mental, emotional, and developmental problems the children may experience.

`(ii) Prevention and early intervention services for parents at risk for alcohol and drug abuse problems.

`(iii) Comprehensive home-based, outpatient, and residential treatment options.

`(iv) After-care support (both formal and informal) for families in recovery that promotes child safety and family stability.

`(v) Services and supports that focus on parents, parents with their children, parents' children, other family members, and parent-child interaction.

`(C) Elimination of existing barriers to treatment and to child safety and permanence, such as difficulties in sharing information among agencies and differences between the values and treatment protocols of the different agencies.

`(D) Effective engagement and retention strategies.

`(E) Pre-service and in-service joint training of management and staff of child welfare and alcohol and drug abuse prevention and treatment agencies, and, where appropriate, judges and other court staff, to--

`(i) increase such individuals' awareness and understanding of alcohol and drug abuse and related child abuse and neglect;

`(ii) more accurately identify and screen alcohol and drug abuse and child abuse in families;

`(iii) improve assessment skills of both child abuse and alcohol and drug

abuse staff, including skills to assess risk to children's safety;

`(iv) increase staff knowledge of the services and resources that are available in such individuals' communities and appropriate for such families; and

`(v) increase awareness of the importance of permanence for children and the timelines for decisionmaking regarding permanence in the child welfare system.

`(F) Progress in enhancing the abilities of the State agencies to improve the data systems of such agencies in order to monitor the progress of families, evaluate service and treatment outcomes, and determine which approaches and activities are most effective.

`(G) Evaluation strategies to demonstrate the effectiveness of treatment and identify the aspects of treatment that have the greatest impact on families in different circumstances.

`(H) Training and technical assistance to increase the capacity within the State to carry out 1 or more of the activities described in this paragraph or related activities that are designed to expand prevention and treatment services for, and staff training to assist families with alcohol and drug abuse problems who come to the attention of the child welfare system.

`(7) A description of the jurisdictions in the State (including whether such jurisdictions are urban, suburban, or rural) where the joint activities will be provided, and the plans for expanding such activities to other parts of the State during the 5-year funding cycle.

`(8) A description of the methods to be used in measuring progress toward the goals identified under paragraph (5), including how the State agencies will jointly measure their performance in accordance with section 445, and how remaining barriers to meeting the needs of families with alcohol or drug abuse problems who come to the attention of the child welfare system will be assessed.

`(9) A description of what input was obtained in the development of the plan and the joint application from each of the following groups of individuals, and the manner in which each will continue to be involved in the proposed joint activities:

`(A) Staff who provide alcohol and drug abuse prevention and treatment and related services to families who come to the attention of the child welfare system.

`(B) Advocates for children and parents who come to the attention of the child welfare and alcohol and drug abuse prevention and treatment systems.

`(C) Consumers of both child welfare and alcohol and drug abuse prevention and treatment services.

`(D) Direct service staff and supervisors from public and private child welfare and alcohol and drug abuse prevention and treatment agencies.

`(E) Judges and court staff.

`(F) Representatives of the State agencies and private providers providing health, mental health, domestic violence, housing, education, and employment services.

`(G) A representative of the State agency in charge of administering the temporary assistance to needy families program funded under part A of this title.

`(10) An assurance of the coordination, to the extent feasible and appropriate, of the activities funded under a grant made under this subpart with the services or benefits provided under other Federal or federally assisted programs that serve families with alcohol and drug abuse problems who come to the attention of the child welfare system, including health, mental health, domestic violence, housing, and employment programs, the temporary assistance to needy families program funded under part A of this title, other child welfare and alcohol and drug abuse prevention and treatment programs, and the courts.

`(11) An assurance that not more than 10 percent of expenditures under the plan for any fiscal year shall be for administrative costs.

`(12) An assurance that alcohol and drug treatment services provided at least in part with funds provided under a grant made under this subpart shall be licensed, certified, or otherwise approved by the appropriate State alcohol and drug abuse agencies, or in the case of an Indian tribe, by a State alcohol and drug abuse agency, the Indian Health Service, or other designated licensing agency.

`(13) An assurance that Federal funds provided to the State under a grant made under this subpart will not be used to supplant Federal or non-Federal funds for services and activities provided as of the date of the submission of the plan that assist families with alcohol and drug abuse problems who come to the attention of the child welfare system.

`(b) AMENDMENTS-

`(1) IN GENERAL- An eligible State or Indian tribe may amend, in whole or in part, its plan at any time through transmittal of a plan amendment.

`(2) 60-DAY APPROVAL DEADLINE- A plan amendment is considered approved unless the Secretary notifies an eligible State or Indian tribe in writing, within 60 days after receipt of the amendment, that the amendment is disapproved (and the reasons for disapproval) or that specified additional information is needed.

`(c) REQUIREMENTS FOR APPLICATIONS BY INDIAN TRIBES-

`(1) IN GENERAL- In order to be eligible for a grant made under this subpart, an Indian tribe shall--

`(A) submit a plan to the Secretary that describes--

`(i) the activities the tribe will undertake with both child welfare and alcohol and drug agencies that serve the tribe's children to address the needs of families

who come to the attention of the child welfare agencies and have alcohol and drug problems; and

`(ii) whether and how such activities address any of the practice and policy areas described in subsection (a)(6); and

`(B) subject to paragraph (2), meet the other requirements of subsection (a) unless, with respect to a specific requirement of such subsection, the Secretary determines that it would be inappropriate to apply such requirement to an Indian tribe, taking into account the resources, needs, and other circumstances of the Indian tribe.

`(2) ADMINISTRATIVE COSTS; USE OF FEDERAL FUNDS- Paragraphs (11) and (13) of subsection (a) shall not apply to a plan submitted by an Indian tribe. The indirect cost rate agreement in effect for an Indian tribe shall apply with respect to administrative costs under the tribe's plan.

`(3) AUTHORITY FOR INTERTRIBAL CONSORTIUM- The participating Indian tribes of an intertribal consortium may develop and submit a single plan that meets the applicable requirements of subsection (a) (as so determined by the Secretary) and paragraph (1) of this subsection.

`SEC. 443. APPROPRIATION OF FUNDS.

`(a) APPROPRIATIONS- For the purpose of providing allotments to eligible States and Indian tribes under this subpart and research and training under subsection (b)(3), there is appropriated out of any money in the Treasury not otherwise appropriated--

`(1) for fiscal year 2004, $200,000,000;

`(2) for fiscal year 2005, $275,000,000;

`(3) for fiscal year 2006, $375,000,000;

`(4) for fiscal year 2007, $475,000,000; and

`(5) for fiscal year 2008, $575,000,000.

`(b) RESERVATION OF FUNDS- With respect to a fiscal year:

`(1) TERRITORIES- The Secretary shall reserve 2 percent of the amount appropriated under subsection (a) for such fiscal year for payments to Puerto Rico, Guam, the United States Virgin Islands, American Samoa, and the Northern Mariana Islands.

`(2) INDIAN TRIBES- The Secretary shall reserve not less than 3 nor more than 5 percent of the amount appropriated under subsection (a) for such fiscal year for direct payments to Indian tribes and Indian tribal organizations for activities intended to increase the capacity of the Indian tribes and tribal organizations to expand treatment, services, and training to assist families with alcohol and drug abuse problems who come to the attention of the child welfare agencies.

`(3) RESEARCH AND TRAINING-

`(A) IN GENERAL- Subject to subparagraph (B), the Secretary shall reserve 1 percent of the amount appropriated under subsection (a) for such fiscal year for practice-based research on the effectiveness of various approaches for the screening, assessment, engagement, treatment, retention, and monitoring of families with alcohol and drug abuse problems who come to the attention of the child welfare system, and for training of staff in such areas and shall ensure that a portion of such amount is used for research on the effectiveness of these approaches for Indian children and for the training of staff serving children from the Indian tribes.

`(B) DETERMINATION OF USE OF FUNDS- Funds reserved under subparagraph (A) may only be used to carry out a research agenda that addresses the areas described in such subparagraph and that is established by the Secretary, together with the Assistant Secretary for the Administration for Children and Families and the Administrator of Substance Abuse and Mental Health Services Administration, with input from public and private nonprofit providers, consumers, representatives of Indian tribes, and advocates, as well as others with expertise in research in such areas.

`SEC. 444. PAYMENTS TO ELIGIBLE STATES AND INDIAN TRIBES.

`(a) AMOUNT OF GRANT-

`(1) ELIGIBLE STATES OTHER THAN TERRITORIES-

`(A) IN GENERAL- From the amount appropriated under subsection (a) of section 443 for a fiscal year, after the reservation of funds required under subsection (b) of that section for the fiscal year and subject to subparagraphs (B) and (C), the Secretary shall pay to each eligible State (after the Secretary has determined that the State has satisfied the matching requirement under subsection (b)) an amount that bears the same ratio to such amount for such fiscal year as the number of children under the age of 18 that reside in the eligible State bears to the total number of children under the age of 18 who reside in all such eligible States for such fiscal year.

`(B) MINIMUM ALLOTMENT- In no case shall the amount of a payment to an eligible State for a fiscal year be less than an amount equal to 0.5 percent of the amount appropriated under subsection (a) of section 443 for the fiscal year, after the reservation of funds required under subsection (b) of that section.

`(C) PRO RATA REDUCTIONS- The Secretary shall make pro rata reductions in the amounts of the allotments determined under subparagraph (A) for a fiscal year to the extent necessary to comply with subparagraph (B).

`(2) TERRITORIES- From the amounts reserved under section 443(b)(1) for a fiscal year, the Secretary shall pay to each territory described in section 440(5)(B) with an approved plan that meets the requirements of section 442 (after the Secretary has determined that the territory has satisfied the matching requirement under subsection (b)) an amount that bears the same ratio to such amount

for such fiscal year as the number of children under the age of 18 that reside in the territory bears to the total number of children under the age of 18 who reside in all such territories for such fiscal year.

`(3) INDIAN TRIBES OR TRIBAL ORGANIZATIONS- From the amount reserved under section 443(b)(2) for a fiscal year, the Secretary shall pay to each Indian tribe with an approved plan that meets the requirements of section 442(c) (after the Secretary has determined that the Indian tribe has satisfied the matching requirement under subsection (b)) an amount that bears the same ratio to such reserved amount for such fiscal year as the number of children under the age of 18 in the Indian tribe bears to the total number of children under the age of 18 in all Indian tribes with plans so approved for such fiscal year, as determined by the Secretary on the basis of the most current and reliable information available to the Secretary. For purposes of making the allocations required under the preceding sentence, an Indian tribe may submit data and other information that it has on the number of Indian children under the age of 18 for consideration by the Secretary.

`(b) MATCHING REQUIREMENT-

`(1) IN GENERAL- In order to receive a grant under this subpart for a fiscal year, an eligible State or Indian tribe shall provide through non-Federal contributions the applicable percentage determined under paragraph (2) for such fiscal year of the costs of conducting activities funded in whole or in part with funds provided under the grant. Such contributions shall be paid jointly by the State agencies, in the case of an eligible State, or by an Indian tribe.

`(2) APPLICABLE PERCENTAGE- For purposes of paragraph (1), the applicable percentage for an eligible State or Indian tribe for a fiscal year is--

`(A) 15 percent, in the case of fiscal years 2004 and 2005;

`(B) 20 percent, in the case of fiscal years 2006 and 2007; and

`(C) 25 percent, in the case of fiscal year 2008.

`(3) SOURCE OF MATCH-

`(A) ELIGIBLE STATES- The non-Federal contributions required of an eligible State under this subsection may be in cash or in kind, fairly evaluated, including plant, equipment, or services. The contributions may be made directly or through donations from public or private entities. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government may not be included in determining whether an eligible State has provided the applicable percentage of such contributions for a fiscal year.

`(B) INDIAN TRIBES- With respect to an Indian tribe, such contributions may be made in cash, through donated funds, through non-public third party in kind contributions, or from Federal funds received under any of the following provisions of law:

`(i) The Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.).

`(ii) The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).

`(iii) Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.).

`(4) WAIVER-

`(A) ELIGIBLE STATES- In the case of an eligible State, the Secretary, after consultation with the Assistant Secretary for the Administration for Children and Families and the Administrator of the Substance Abuse and Mental Health Services Administration, may modify the applicable percentage determined under paragraph (2) for matching funds if the Secretary determines that economic conditions in the eligible State justify making such modification.

`(B) INDIAN TRIBES- In the case of an Indian tribe, the Secretary may modify the applicable percentage determined under such paragraph if the Secretary determines that it would be inappropriate to apply to the Indian tribe, taking into account the resources and needs of the tribe and the amount of funds the tribe would receive under a grant made under this section.

`(c) USE OF FUNDS- Funds provided under a grant made under this subpart may only be used to carry out activities specified in the plan, as approved by the Secretary.

`(d) DEADLINE FOR REQUEST FOR PAYMENT- An eligible State or Indian tribe shall apply to be paid funds under a grant made under this subpart not later than the beginning of the fourth quarter of a fiscal year or such funds shall be reallotted under subsection (f).

`(e) CARRYOVER OF FUNDS- Funds paid to an eligible State or Indian tribe under a grant made under this subpart for a fiscal year may be expended in that fiscal year or the succeeding fiscal year.

`(f) REALLOTMENT OF FUNDS-

`(1) ELIGIBLE STATES- In the case of an eligible State that does not apply for funds allotted to the eligible State under a grant made under this subpart for a fiscal year within the time provided under subsection (d), or that does not expend such funds during the time provided under subsection (e), the funds which the eligible State would have been entitled to for such fiscal year shall be reallotted to 1 or more other eligible States on the basis of each such State's relative need for additional payments, as determined by the Secretary, after consultation with the Assistant Secretary for the Administration for Children and Families and the Administrator of the Substance Abuse and Mental Health Services Administration.

`(2) INDIAN TRIBES- In the case of an Indian tribe that does not expend funds allotted to the tribe during the time provided under subsection (e), the funds to which the Indian tribe would have been entitled to for such fiscal year shall be reallotted to the

remaining Indian tribes that are implementing approved plans in amounts that are proportional to the percentage of Indian children under the age of 18 in each such tribe.

`SEC. 445. PERFORMANCE ACCOUNTABILITY; REPORTS AND EVALUATIONS.

`(a) PERFORMANCE MEASUREMENT-

`(1) ESTABLISHMENT OF INDICATORS- The Secretary, in consultation with the Assistant Secretary for the Administration for Children and Families, the Administrator of the Substance Abuse and Mental Health Services Administration, Chief Executive Officers of a State or Territory, 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 the services, and advocates for children and parents who come to the attention of the child welfare system, shall, within 12 months of the date of enactment of the Child Protection/Alcohol and Drug Partnership Act of 2003, establish indicators that will be used to assess periodically the performance of eligible States and Indian tribes in using grant funds provided under this subpart to promote child safety, permanence, and well-being and recovery in families who come to the attention of the child welfare system.

`(2) COORDINATION- The indicators established under paragraph (1) shall be based on and coordinated with the performance outcomes established for the child welfare system pursuant to section 203(b) of the Adoption and Safe Families Act of 1997 (42 U.S.C. 679b note) and the performance measures developed under subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x-21 et seq.) (relating to the substance abuse prevention and treatment block grant).

`(3) PURPOSE- The indicators will be used to measure periodically the progress made by the State agencies and by child welfare and alcohol and drug abuse prevention and treatment agencies serving children in Indian tribes in the activities that such agencies jointly engage in with such grant funds. An eligible State or Indian tribe will be measured against itself, assessing progress over time against a baseline established at the time the grant activities were undertaken.

`(4) ILLUSTRATIVE EXAMPLES- The indicators developed should address the range of activities that eligible States and Indian tribes have the option of engaging in with such grant funds. Examples of the types of progress to be measured in the different areas of activity include the following:

`(A) Improving the screening and assessment of families who come to the attention of the child welfare system with alcohol and drug problems, so such families can be promptly referred for appropriate treatment when necessary.

`(B) Increasing the availability of comprehensive and timely individualized treatment for families with alcohol and drug problems who come to the attention of the child welfare system.

`(C) Increasing the number or proportion of families who, when they come to the attention of the child welfare system with alcohol and drug problems, promptly enter appropriate treatment.

`(D) Increasing the engagement and retention in treatment of families with alcohol and drug problems who come to the attention of the child welfare system.

`(E) Decreasing the number of children who re-enter foster care after being returned to families who had alcohol or drug problems when the children entered foster care.

`(F) Increasing the number or proportion of staff in both the public child welfare and alcohol and drug abuse prevention and treatment agencies who have received training on the needs of families that come to the attention of the child welfare and alcohol and drug abuse prevention and treatment systems for help, and the help that can be provided to such families.

`(G) Increasing the proportion of parents who complete treatment for alcohol or drug abuse and show improvement in their pre-employment or employment status.

`(5) DETERMINATION OF PROGRESS-

`(A) INITIAL REPORT- Not later than the end of the first fiscal year in which funds are received under a grant made under this subpart, the State agencies in each eligible State that receives such funds, and the Indian tribes that receive such funds, shall submit to the Secretary a report on the activities carried out during the 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) USE OF INDICATORS- As soon as possible after the establishment of indicators under paragraph (1), the State agencies and Indian tribes shall conduct evaluations, directly or under contract, of their progress with respect to such indicators that are directly related to activities the eligible State or Indian tribe is engaging in with such grant funds and include information on the evaluation in the reports to the Secretary required under subparagraphs (C) and (D). After the third year in which such activities are conducted, an eligible State or Indian tribe shall include in the evaluation at least some indicators that address improvements in treatment for families with alcohol and drug problems who come to the attention of the child welfare system.

`(C) SUBSEQUENT REPORTS- After the initial report is submitted under subparagraph (A), an eligible State or Indian tribe shall submit to the Secretary, not later than June 30 of

each fiscal year thereafter in which the State or tribe carries out activities with grant funds provided under this subpart, a report on the application of the indicators established under paragraph (1) to such activities. The reports shall include an explanation regarding why the specific indicators used were chosen, how such indicators are expected to impact a child's safety, permanence, well-being, and parental recovery, and the results (as of the date of submission of the report) of the evaluation conducted under subparagraph (B).

`(D) FINAL REPORT- Not later than September 30, 2008, each eligible State and Indian tribe with an approved plan under this part shall submit a final report on the evaluations conducted under subparagraph (B) and the progress made in achieving the goals specified in the plan of the State or Indian tribe.

`(E) FAILURE TO REPORT-

`(i) IN GENERAL- Subject to clause (ii), an eligible State or Indian tribe that fails to submit the reports required under this paragraph or to conduct the evaluation required under subparagraph (B) shall not be eligible to receive grant funds provided under this subpart for the fiscal year following the fiscal year in which such State or Indian tribe failed to submit such report or conduct such evaluation.

`(ii) CORRECTIVE ACTION- An eligible State or Indian tribe to which clause (i) applies may, notwithstanding such clause, receive grant funds under this subpart for a succeeding fiscal year if prior to September 30 of the fiscal year in which such failure occurred, the State agencies of the eligible State, or the Indian tribe, submit to the Secretary a plan to monitor and evaluate in a timely manner the activities conducted with such funds, and such plan is approved in a timely manner by the Secretary, after consultation with the Assistant Secretary for the Administration for Children and Families and the Administrator of the Substance Abuse and Mental Health Services Administration.

`(b) SECRETARIAL REPORTS AND EVALUATIONS-

`(1) ANNUAL REPORTS- On the basis of reports submitted under subsection (a), the Secretary, in consultation with the Assistant Secretary for the Administration for Children and Families and the Administrator of the Substance Abuse and Mental Health Services Administration, shall report annually, beginning on October 1, 2004, to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the joint activities conducted with funds provided under grants made under this subpart, the indicators that have been established, and the progress that has been made in addressing the needs of families with alcohol and drug abuse problems who come to the attention of the child welfare system and in achieving the goals of child safety, permanence, and family stability.

`(2) EVALUATIONS- Not later than 6 months after the end of each 5-year funding cycle under this subpart, the Secretary shall submit a report to the committees described in paragraph (1) that summarizes the results of the evaluations conducted by eligible States and Indian tribes under subsection (a)(5)(B), as reported by such States and Indian tribes in accordance with subparagraphs (C) and (D) of subsection (a)(5). The Secretary shall include in the report required under this paragraph recommendations for further legislative or administrative actions that are designed to assist children and families with alcohol and drug abuse problems who come to the attention of the child welfare system.'.

END