Home > 108th Congressional Bills > H.R. 4857 (ih) To require the Attorney General and the Secretary of Homeland Security [Introduced in House] ...H.R. 4857 (ih) To require the Attorney General and the Secretary of Homeland Security [Introduced in House] ...
108th CONGRESS
2d Session
H. R. 4856
To provide States with improved incentives, more flexibility, and
increased funds to develop child welfare services that meet the unique
needs of children and families and enhance children's prospects for
safe and permanent living arrangements.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 19, 2004
Mr. Herger (for himself, Mrs. Johnson of Connecticut, Mr. DeLay, Mr.
Lewis of Kentucky, Mr. Camp, and Mr. Cantor) introduced the following
bill; which was referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To provide States with improved incentives, more flexibility, and
increased funds to develop child welfare services that meet the unique
needs of children and families and enhance children's prospects for
safe and permanent living arrangements.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Child Safety,
Adoption, and Family Enhancement (Child SAFE) Act of 2004''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Findings.
Sec. 3. References.
TITLE I--EXPANDED ELIGIBILITY FOR ADOPTION ASSISTANCE AND FOSTER CARE
Sec. 101. Adoption assistance.
Sec. 102. Foster care maintenance payments.
Sec. 103. Eligibility of Indian tribes to receive Federal funds for
foster care and adoption assistance.
TITLE II--FLEXIBLE FUNDS TO IMPROVE PROTECTION FOR CHILDREN AND
STRENGTHEN FAMILIES
Sec. 201. Safe Children, Strong Families programs.
Sec. 202. Challenge grants.
TITLE III--ENHANCEMENTS TO CHILD WELFARE WAIVER AUTHORITY
Sec. 301. Extension of authority to approve demonstration projects.
Sec. 302. Elimination of limitation on number of waivers.
Sec. 303. Elimination of limitation on number of States that may be
granted waivers to conduct demonstration
projects on same topic.
Sec. 304. Elimination of limitation on number of waivers that may be
granted to a single State for demonstration
projects.
Sec. 305. Streamlined process for consideration of amendments to and
extensions of demonstration projects
requiring waivers.
Sec. 306. Availability of reports.
TITLE IV--TANF AND SSI PROVISIONS
Sec. 401. TANF high performance bonus.
Sec. 402. Review of State agency blindness and disability
determinations.
TITLE V--EFFECTIVE DATE AND TRANSITION PROVISIONS
Sec. 501. Effective date; transition rule.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Foster care should be a temporary, short-term placement
for children until they can be reunified with their parents or
placed with a safe, adoptive family. However, the 532,454
children in foster care on September 30, 2002, have been in
foster care for an average of almost 3 years (32 months).
(2) At the end of fiscal year 2002, the case plan goal for
over 34,000 foster care children was to remain in foster care
until they turned 18. These children will leave the foster care
system without the stability and permanency of a family.
(3) Since 1995, the number of children adopted with child
welfare agency involvement has more than doubled from 25,693 to
52,546 in 2002. Despite this achievement, there were 129,262
children waiting to be adopted on September 30, 2002. On
average, these children have been waiting in foster care for
almost 4 years (44 months).
(4) On March 26, 2004, the Department of Health and Human
Services completed an initial review in every State of their
child welfare programs. No State passed this review which
assessed whether States were in compliance with Federal
requirements to ensure the safety, permanency, and well-being
of vulnerable children.
(5) On May 18, 2004, the nonpartisan Pew Commission on
Children in Foster Care composed of former Members of Congress
of both parties and other child welfare experts recommended
overhauling the Nation's foster care system to provide States a
flexible, reliable source of Federal funding, as well as new
options and incentives to seek safety and permanence for
children in foster care.
SEC. 3. REFERENCES.
Except as otherwise expressly provided, wherever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the amendment or repeal shall be
considered to be made to a section or other provision of the Social
Security Act.
TITLE I--EXPANDED ELIGIBILITY FOR ADOPTION ASSISTANCE AND FOSTER CARE
SEC. 101. ADOPTION ASSISTANCE.
(a) Elimination of Income Eligibility Requirement.--Section 473(a)
(42 U.S.C. 673(a)) is amended--
(1) by striking paragraph (2) and inserting the following:
``(2)(A) For purposes of paragraph (1)(B)(ii), a child
meets the requirements of this paragraph if the child--
``(i)(I) at the time adoption proceedings were
initiated, had been removed from his or her home--
``(aa) pursuant to a voluntary placement
agreement with respect to which Federal
payments are provided under section 474; or
``(bb) as a result of a judicial
determination to the effect that continuation
therein would be contrary to the welfare of the
child, including such a determination made on
account of a voluntary relinquishment;
``(II) is eligible for supplemental security income
benefits under title XVI; or
``(III) was residing in a foster family home or
child care institution with the child's minor parent as
described in section 475(4)(B); and
``(ii) has been determined by the State, pursuant
to subsection (c), to be a child with special needs.
``(B) A child who meets the requirements of
subparagraph (A)(ii) of this paragraph, who was
determined eligible for adoption assistance payments
under this part with respect to a prior adoption, and
who is available for adoption because the prior
adoption has been dissolved and the parental rights of
the adoptive parents have been terminated or because
the child's adoptive parents have died, shall be
treated as meeting the requirements of this paragraph
for purposes of paragraph (1)(B)(ii).''; and
(2) by adding at the end the following:
``(7)(A) Notwithstanding any other provision of this
subsection (except as provided in subparagraph (B)), payments
may not be made under this part to parents with respect to--
``(i) a child who is adopted outside of the United
States; or
``(ii) a child who is adopted in the United States
after having been been brought into the United States
for the purpose of being adopted.
``(B) Subparagraph (A) shall not be interpreted to prohibit
payments for a child who is otherwise eligible for adoption
assistance payments under section 473 and who, as a result of
the disruption or dissolution (as determined by the State) of
an adoption, or because of the death of the adoptive parents of
the child, is subsequently available for adoption.''.
(b) Reduction in Federal Matching Rate to Expand Eligibility.--
Section 474(a)(2) (42 U.S.C. 674(a)(1)) is amended by inserting ``85
percent of'' before ``the Federal''.
SEC. 102. FOSTER CARE MAINTENANCE PAYMENTS.
(a) Elimination of Income Eligibility Requirement.--
(1) In general.--Section 472(a) (42 U.S.C. 672(a)) is
amended--
(A) in the matter preceding paragraph (1), by
striking ``child'' and all that follows through ``if''
and inserting ``child, if'';
(B) in paragraph (1)--
(i) by striking ``from the home'' and
inserting ``of the child from his or her
home''; and
(ii) by striking ``(effective October 1,
1983)'';
(C) by adding ``and'' at the end of paragraph (2);
(D) in paragraph (3), by striking ``; and'' and
inserting a period; and
(E) by striking all that follows paragraph (3).
(2) Conforming amendment.--Section 470 (42 U.S.C. 670) is
amended by striking ``who otherwise would have been eligible
for assistance under the State's plan approved under part A (as
such plan was in effect on June 1, 1995)''.
(b) Reduction in Federal Matching Rate to Expand Eligibility.--
Section 474(a)(1) (42 U.S.C. 674(a)(1)) is amended by inserting ``65
percent of'' before ``the Federal''.
(c) Guaranteed Foster Care Maintenance Payment Levels.--
(1) In general.--Section 474 of such Act (42 U.S.C. 674) is
amended--
(A) in subsection (a)(1), by inserting ``, subject
to subsection (g)'' before the semicolon; and
(B) by adding at the end the following:
``(g) Guaranteed Foster Care Maintenance Payment Levels.--
``(1) Foster care maintenance payment levels.--The amount
described in this paragraph is--
``(A) $1,836,000,000 in the case of fiscal year
2005;
``(B) $1,882,000,000 in the case of fiscal year
2006, increased by the total of the amounts (if any) by
which the levels set by paragraph (3)(A) for the fiscal
year are increased by reason of paragraph (3)(A)(ii);
``(C) $1,927,000,000 in the case of fiscal year
2007, increased by the total of the amounts (if any) by
which the levels set by paragraph (3)(A) for the fiscal
year are increased by reason of paragraph (3)(A)(ii);
``(D) $1,971,000,000 in the case of fiscal year
2008, increased by the total of the amounts (if any) by
which the levels set by paragraph (3)(A) for the fiscal
year are increased by reason of paragraph (3)(A)(ii);
``(E) $2,014,000,000 in the case of fiscal year
2009, increased by the total of the amounts (if any) by
which the levels set by paragraph (3)(A) for the fiscal
year are increased by reason of paragraph (3)(A)(ii);
``(F) $2,056,000,000 in the case of fiscal year
2010, increased by the total of the amounts (if any) by
which the levels set by paragraph (3)(A) for the fiscal
year are increased by reason of paragraph (3)(A)(ii);
``(G) $2,097,000,000 in the case of fiscal year
2011, increased by the total of the amounts (if any) by
which the levels set by paragraph (3)(A) for the fiscal
year are increased by reason of paragraph (3)(A)(ii);
``(H) $2,136,000,000 in the case of fiscal year
2012, increased by the total of the amounts (if any) by
which the levels set by paragraph (3)(A) for the fiscal
year are increased by reason of paragraph (3)(A)(ii);
``(I) $2,173,000,000 in the case of fiscal year
2013, increased by the total of the amounts (if any) by
which the levels set by paragraph (3)(A) for the fiscal
year are increased by reason of paragraph (3)(A)(ii);
and
``(J) $2,210,000,000 in the case of fiscal year
2014, increased by the total of the amounts (if any) by
which the levels set by paragraph (3)(A) for the fiscal
year are increased by reason of paragraph (3)(A)(ii).
``(2) Reservation of funds for the territories and indian
tribes.--For each fiscal year, from the dollar amount specified
in paragraph (1) of this subsection for the fiscal year, the
Secretary shall reserve for payments under this part--
``(A) for Puerto Rico, Guam, the Northern Mariana
Islands, American Samoa, and the United States Virgin
Islands, a total sum equal to 0.9 percent of the dollar
amount so specified; and
``(B) for Indian tribes, a total sum equal to 0.9
percent of the dollar amount so specified, increased by
the amount (if any) by which the total sum reserved
under this subparagraph for the preceding fiscal year
exceeds the total of the amounts payable to Indian
tribes under subsection (a)(1) for the preceding fiscal
year.
``(3) Funds for the states.--
``(A) In general.--The aggregate of the amounts
payable to a State under subsection (a)(1) for a fiscal
year shall not exceed the sum of--
``(i)(I) in the case of a State not
specified in paragraph (2)(A) of this
subsection, the State share of the dollar
amount specified in paragraph (1) of this
subsection for the fiscal year that remains
after applying paragraph (2) of this
subsection; or
``(II) in the case of a State specified in
paragraph (2)(A) of this subsection, the State
share of the total sum described in such
paragraph (2)(A) for the fiscal year; and
``(ii) if the State does not make the
election provided for in subparagraph (C) of
this paragraph for the fiscal year, the amount
(if any) by which the level set by this
subparagraph with respect to the State for the
preceding fiscal year exceeds the total amount
payable to the State under subsection (a)(1)
for such preceding fiscal year.
``(B) State share defined.--In subparagraph (A) of
this paragraph, the term `State share' means, with
respect to a State, the percentage that equals--
``(i) in the case of a State not specified
in paragraph (2)(A) of this subsection--
``(I) the aggregate of the amounts
payable to the State under subsection
(a)(1) for all calendar quarters in
fiscal year 2003; divided by
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