[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2036 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2036

   To amend part E of title IV of the Social Security Act to require 
States to help alien children in the child welfare system apply for all 
     available forms of immigration relief, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 2013

Mr. O'Rourke (for himself, Ms. Bass, Mr. Lewis, Ms. Roybal-Allard, Ms. 
 Slaughter, and Mr. Grijalva) introduced the following bill; which was 
  referred to the Committee on Ways and Means, and in addition to the 
Committee on Agriculture, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To amend part E of title IV of the Social Security Act to require 
States to help alien children in the child welfare system apply for all 
     available forms of immigration relief, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foster Children Opportunity Act''.

SEC. 2. STATE PLAN REQUIREMENT TO HAVE PROCEDURES TO HELP ALIEN 
              CHILDREN IN THE CHILD WELFARE SYSTEM ACHIEVE SPECIAL 
              IMMIGRANT JUVENILE STATUS AND LAWFUL PERMANENT RESIDENT 
              STATUS.

    Section 471(a)(27) of the Social Security Act (42 U.S.C. 
671(a)(27)) is amended by inserting ``, and if the child is an alien 
without a lawful immigration status, for reviewing the child's 
eligibility for special immigrant juvenile status, lawful permanent 
resident status, and other forms of relief under immigration law, 
within 1 year after the status of the child is first reviewed pursuant 
to section 475(5)(B), and annually thereafter, and for assisting the 
child in applying for special immigrant juvenile status, lawful 
permanent resident status, and other forms of relief under immigration 
law, so that the child can reasonably be expected to achieve such 
relief before exiting foster care, if doing so would be in the best 
interests of the child'' before the period.

SEC. 3. REQUIREMENT THAT STATE CHILD WELFARE AGENCIES DOCUMENT THEIR 
              EFFORTS TO PURSUE LAWFUL IMMIGRANT STATUS FOR ELIGIBLE 
              ALIEN FOSTER CHILDREN.

    Section 475(1) of the Social Security Act (42 U.S.C. 675(1)) is 
amended by adding at the end the following:
                    ``(H) In the case of an alien child who, after a 
                review conducted pursuant to section 471(a)(27), is 
                determined to be a child who may qualify for special 
                immigrant juvenile status, lawful permanent resident 
                status, or other forms of relief under immigration law, 
                documentation of the steps the agency is taking in 
                assisting the child to obtain the status before exiting 
                foster care, including whether the requisite petitions 
                have been filed on behalf of the child, and whether 
                assistance has been provided to secure immigration 
                legal counsel for the child.''.

SEC. 4. REQUIRMENT TO DETERMINE WHETHER FILING PETITIONS FOR SPECIAL 
              IMMIGRANT JUVENILE STATUS AND LAWFUL PERMANENT RESIDENT 
              STATUS FOR ALIEN FOSTER CHILDREN IS IN THE CHILD'S BEST 
              INTEREST IN APPROPRIATE CASES.

    Section 475(5)(C)(i) of the Social Security Act (42 U.S.C. 
675(5)(C)(i)) is amended by inserting ``, and, in the case of an alien 
child without lawful immigration status, the hearing shall determine 
whether a petition for special immigrant juvenile status or lawful 
permanent resident status has been filed on behalf of the child and, if 
such a petition has not been so filed, whether it is in the best 
interests of the child, including consideration of the potential 
effects on family reunification efforts, to have such a petition so 
filed or to have immigration counsel appointed'' before the semicolon 
at the end.

SEC. 5. AUTHORITY TO USE COURT IMPROVEMENT PROGRAM GRANT FUNDS TO 
              EDUCATE AND TRAIN CHILD WELFARE AND COURT STAFF, 
              INCLUDING JUDGES, SOCIAL WORKERS, COURT-APPOINTED SPECIAL 
              ADVOCATES, AND LAWYERS TO ASSIST ALIEN CHILDREN IN 
              ACHIEVING SPECIAL IMMIGRANT JUVENILE STATUS, LAWFUL 
              PERMANENT RESIDENT STATUS, AND OTHER FORMS OF RELIEF 
              UNDER IMMIGRATION LAW.

    Section 438(a)(2) of the Social Security Act (42 U.S.C. 629h(a)(2)) 
is amended--
            (1) by striking ``and'' at the end of subparagraph (B);
            (2) by adding ``and'' at the end of subparagraph (C); and
            (3) by adding at the end the following:
                    ``(D) to educate and train child welfare and court 
                staff, including judges, social workers, court-
                appointed special advocates, and attorneys to assist 
                alien children in achieving special immigrant juvenile 
                status, lawful permanent resident status, and other 
                forms of relief under immigration law in a timely 
                manner;''.

SEC. 6. TECHNICAL ASSISTANCE FOR CHILD WELFARE AGENCIES.

    On request of a State child welfare agency for technical assistance 
in carrying out the amendments made by this Act, the Secretary of 
Health and Human Services, in consultation with the Secretary of 
Homeland Security and the Secretary of State, shall provide the 
assistance, and may award grants to and enter into contracts with 
qualified non-profit or other community-based service providers with 
substantive expertise to perform the assistance.

SEC. 7. ELIGIBILITY FOR ASSISTANCE.

    (a) Public Benefits.--
            (1) Federal means-tested public benefits.--Section 403(b) 
        of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996 (8 U.S.C. 1613(b)) is amended by 
        adding at the end the following:
            ``(3) Exception for individuals who have obtained special 
        immigrant juvenile status.--An alien who is granted special 
        immigrant juvenile status under section 101(a)(27)(J) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)).''.
            (2) Other federal programs.--Section 402 of such Act (8 
        U.S.C. 1612) is amended--
                    (A) in subsection (a)(2), by adding at the end the 
                following:
                    ``(N) Exception for individuals who have obtained 
                special immigrant juvenile status.--With respect to 
                eligibility for benefits for the specified Federal 
                programs described in paragraph (3), paragraph (1) 
                shall not apply to any alien who is granted special 
                immigrant juvenile status under section 101(a)(27)(J) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(27)(J)).''; and
                    (B) in subsection (b)(2), by adding at the end the 
                following:
                    ``(G) Exception for individuals who have obtained 
                special immigrant juvenile status.--An alien who is 
                granted special immigrant juvenile status under section 
                101(a)(27)(J) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(27)(J)).''.
    (b) State Reimbursement.--Section 472(a)(4) of the Social Security 
Act (42 U.S.C. 672(a)(4)) is amended by inserting ``, and if the child 
is an alien who has obtained special immigrant juvenile status under 
section 101(a)(27)(J) of the Immigration and Nationality Act and would 
have been qualified to receive aid under the State plan approved under 
section 402 of this Act in or for the month in which the agreement 
described in paragraph (2)(A)(i) of this subsection was entered into or 
court proceedings leading to the determination described in paragraph 
(2)(A)(ii) of this subsection were initiated if the child had been a 
United States citizen, the child shall be considered to satisfy the 
requirements of paragraph (3) with respect to the month'' before the 
period.

SEC. 8. EFFECTIVE DATE.

    (a) In General.--The amendments made by this Act, other than by 
section 7, shall take effect on the date of the enactment of this Act, 
and shall apply to payments under part E of title IV of the Social 
Security Act for quarters beginning on or after such date.
    (b) Delay Permitted if State Legislation Required.--In the case of 
a State plan approved under part E of title IV of the Social Security 
Act which the Secretary of Health and Human Services determines 
requires State legislation (other than legislation appropriating funds) 
in order for the plan to meet the additional requirements imposed by 
this Act, the State plan shall not be regarded as failing to comply 
with the requirements of such part solely on the basis of the failure 
of the plan to meet such additional requirements before the 1st day of 
the 1st calendar quarter beginning after the close of the 1st regular 
session of the State legislature that ends after the 1-year period 
beginning with the date of the enactment of this Act. For purposes of 
the preceding sentence, in the case of a State that has a 2-year 
legislative session, each year of the session is deemed to be a 
separate regular session of the State legislature.
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