[Congressional Record Volume 150, Number 124 (Tuesday, October 5, 2004)]
[House]
[Pages H8094-H8100]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  SAFE AND TIMELY INTERSTATE PLACEMENT OF FOSTER CHILDREN ACT OF 2004

  Mr. HERGER. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 4504) to improve protections for children and to hold States 
accountable for the orderly and timely placement of children across 
States lines, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 4504

       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 ``Safe and Timely Interstate 
     Placement of Foster Children Act of 2004''.

     SEC. 2. SENSE OF THE CONGRESS.

       (a) Finding.--The Congress finds that the Interstate 
     Compact on the Placement of Children (ICPC) was drafted more 
     than 40 years ago, is outdated, and is a barrier to the 
     timely placement of children across State lines.
       (b) Sense of the Congress.--It is the sense of the Congress 
     that the States should expeditiously revise the ICPC to 
     better serve the interests of children and reduce unnecessary 
     work, and that the revision should include--
       (1) limiting its applicability to children in foster care 
     under the responsibility of a State, except those seeking 
     placement in a licensed residential facility primarily to 
     access clinical mental health services; and
       (2) providing for deadlines for the completion and approval 
     of home studies as set forth in section 4.

     SEC. 3. ORDERLY AND TIMELY PROCESS FOR INTERSTATE PLACEMENT 
                   OF CHILDREN.

       Section 471(a) of the Social Security Act (42 U.S.C. 
     671(a)) is amended--
       (1) by striking ``and'' at the end of paragraph (23);
       (2) by striking the period at the end of paragraph (24) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(25) provide that the State shall have in effect 
     procedures for the orderly and timely interstate placement of 
     children; and procedures implemented in accordance with an 
     interstate compact approved by the Secretary, if 
     incorporating with the procedures prescribed by paragraph 
     (26), shall be considered to satisfy the requirement of this 
     paragraph.''.

     SEC. 4. HOME STUDIES.

       (a) Orderly Process.--
       (1) In general.--Section 471(a) of the Social Security Act 
     (42 U.S.C. 671(a)) is further amended--
       (A) by striking ``and'' at the end of paragraph (24);
       (B) by striking the period at the end of paragraph (25) and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(26) provides that--
       ``(A)(i) within 60 days after the State receives from 
     another State a request to conduct a study of a home 
     environment for purposes of assessing the appropriateness of 
     placing a child in the home, the State shall, directly or by 
     contract--
       ``(I) conduct and complete the study; and
       ``(II) return to the other State a report on the results of 
     the study, which shall address the extent to which placement 
     in the home would meet the needs of the child; and
       ``(ii) in the case of a home study begun on or before 
     September 30, 2006, if the State fails to comply with clause 
     (i) within the 60-day period as a result of circumstances 
     beyond the control of the State (such as a failure by a 
     Federal agency to provide the results of a background check, 
     or the failure by any entity to provide completed medical 
     forms, requested by the State at least 45 days before the end 
     of the 60-day period), the State shall have 75 days to comply 
     with clause (i) if the State documents the circumstances 
     involved and certifies that completing the home study is in 
     the best interests of the child; except that
       ``(iii) this subparagraph shall not be construed to require 
     the State to have completed, within the applicable period, 
     the parts of the home study involving the education and 
     training of the prospective foster or adoptive parents;
       ``(B) the State shall treat any report described in 
     subparagraph (A) that is received from another State or an 
     Indian tribe (or from a private agency under contract with 
     another State) as meeting any requirements imposed by the 
     State for the completion of a home study before placing a 
     child in the home, unless, within 14 days after receipt of 
     the report, the State determines, based on grounds that are 
     specific to the content of the report, that making a decision 
     in reliance on the report would be contrary to the welfare of 
     the child; and
       ``(C) the State shall not impose any restriction on the 
     ability of a State agency administering, or supervising the 
     administration of, a State program operated under a State 
     plan approved under this part to contract with a private 
     agency for the conduct of a home study described in 
     subparagraph (A).''.
       (2) Sense of the congress.--It is the sense of the Congress 
     that each State should--
       (A) use private agencies to conduct home studies when doing 
     so is necessary to meet the requirements of section 
     471(a)(26) of the Social Security Act; and
       (B) give full faith and credit to any home study report 
     completed by any other State or an Indian tribe with respect 
     to the placement of a child in foster care or for adoption.
       (b) Timely Interstate Home Study Incentive Payments.--Part 
     E of title IV of the Social Security Act (42 U.S.C. 670-679b) 
     is amended by inserting after section 473A the following:

     ``SEC. 473B. TIMELY INTERSTATE HOME STUDY INCENTIVE PAYMENTS.

       ``(a) Grant Authority.--The Secretary shall make a grant to 
     each State that is a home study incentive-eligible State for 
     a fiscal year in an amount equal to the timely interstate 
     home study incentive payment payable to the State under this 
     section for the fiscal year, which shall be payable in the 
     immediately succeeding fiscal year.
       ``(b) Home Study Incentive-Eligible State.--A State is a 
     home study incentive-eligible State for a fiscal year if--
       ``(1) the State has a plan approved under this part for the 
     fiscal year;
       ``(2) the State is in compliance with subsection (c) for 
     the fiscal year; and
       ``(3) based on data submitted and verified pursuant to 
     subsection (c), the State has completed a timely interstate 
     home study during the fiscal year.
       ``(c) Data Requirements.--
       ``(1) In general.--A State is in compliance with this 
     subsection for a fiscal year if the

[[Page H8095]]

     State has provided to the Secretary a written report, 
     covering the preceding fiscal year, that specifies--
       ``(A) the total number of interstate home studies requested 
     by the State with respect to children in foster care under 
     the responsibility of the State, and with respect to each 
     such study, the identity of the other State involved; and
       ``(B) the total number of timely interstate home studies 
     completed by the State with respect to children in foster 
     care under the responsibility of other States, and with 
     respect to each such study, the identity of the other State 
     involved.
       ``(2) Verification of data.--In determining the number of 
     timely interstate home studies to be attributed to a State 
     under this section, the Secretary shall check the data 
     provided by the State under paragraph (1) against 
     complementary data so provided by other States.
       ``(d) Timely Interstate Home Study Incentive Payments.--
       ``(1) In general.--The timely interstate home study 
     incentive payment payable to a State for a fiscal year shall 
     be $1,500, multiplied by the number of timely interstate home 
     studies attributed to the State under this section during the 
     fiscal year, subject to paragraph (2).
       ``(2) Pro rata adjustment if insufficient funds 
     available.--If the total amount of timely interstate home 
     study incentive payments otherwise payable under this section 
     for a fiscal year exceeds the total of the amounts made 
     available pursuant to subsection (h) for the fiscal year 
     (reduced (but not below zero) by the total of the amounts (if 
     any) payable under paragraph (3) of this subsection with 
     respect to the preceding fiscal year), the amount of each 
     such otherwise payable incentive payment shall be reduced by 
     a percentage equal to--
       ``(A) the total of the amounts so made available (as so 
     reduced); divided by
       ``(B) the total of such otherwise payable incentive 
     payments.
       ``(3) Appropriations available for unpaid incentive 
     payments for prior fiscal years.--
       ``(A) In general.--If payments under this section are 
     reduced under paragraph (2) or subparagraph (B) of this 
     paragraph for a fiscal year, then, before making any other 
     payment under this section for the next fiscal year, the 
     Secretary shall pay each State whose payment was so reduced 
     an amount equal to the total amount of the reductions which 
     applied to the State, subject to subparagraph (B) of this 
     paragraph.
       ``(B) Pro rata adjustment if insufficient funds 
     available.--If the total amount of payments otherwise payable 
     under subparagraph (A) of this paragraph for a fiscal year 
     exceeds the total of the amounts made available pursuant to 
     subsection (h) for the fiscal year, the amount of each such 
     payment shall be reduced by a percentage equal to--
       ``(i) the total of the amounts so made available; divided 
     by
       ``(ii) the total of such otherwise payable payments.
       ``(e) 2-Year Availability of Incentive Payments.--Payments 
     to a State under this section in a fiscal year shall remain 
     available for use by the State through the end of the next 
     fiscal year.
       ``(f) Limitations on Use of Incentive Payments.--A State 
     shall not expend an amount paid to the State under this 
     section except to provide to children or families any service 
     (including post-adoption services) that may be provided under 
     part B or E. Amounts expended by a State in accordance with 
     the preceding sentence shall be disregarded in determining 
     State expenditures for purposes of Federal matching payments 
     under sections 423, 434, and 474.
       ``(g) Definitions.--In this section:
       ``(1) Home study.--The term `home study' means a study of a 
     home environment, conducted in accordance with applicable 
     requirements of the State in which the home is located, for 
     the purpose of assessing whether placement of a child in the 
     home would be appropriate for the child.
       ``(2) Interstate home study.--The term `interstate home 
     study' means a home study conducted by a State at the request 
     of another State, to facilitate an adoptive or relative 
     placement in the State.
       ``(3) Timely interstate home study.--The term `timely 
     interstate home study' means an interstate home study 
     completed by a State if the State provides to the State that 
     requested the study, within 30 days after receipt of the 
     request, a report on the results of the study. The preceding 
     sentence shall not be construed to require the State to have 
     completed, within the 30-day period, the parts of the home 
     study involving the education and training of the prospective 
     foster or adoptive parents.
       ``(h) Limitations on Authorization of Appropriations.--
       ``(1) In general.--For payments under this section, there 
     are authorized to be appropriated to the Secretary--
       ``(A) $10,000,000 for fiscal year 2005;
       ``(B) $10,000,000 for fiscal year 2006;
       ``(C) $10,000,000 for fiscal year 2007; and
       ``(D) $10,000,000 for fiscal year 2008.
       ``(2) Availability.--Amounts appropriated under paragraph 
     (1) are authorized to remain available until expended.''.
       (c) Repealer.--Effective October 1, 2008, section 473B of 
     the Social Security Act is repealed.

     SEC. 5. REQUIREMENT TO COMPLETE BACKGROUND CHECKS BEFORE 
                   APPROVAL OF ANY FOSTER OR ADOPTIVE PLACEMENT 
                   AND TO CHECK CHILD ABUSE REGISTRIES; SUSPENSION 
                   AND SUBSEQUENT ELIMINATION OF OPT-OUT.

       (a) Requirement To Complete Background Checks Before 
     Approval of any Foster or Adoptive Placement and To Check 
     Child Abuse Registries; Suspension of Opt-out.--
       (1) Requirement to check child abuse registries.--Section 
     471(a)(20) of the Social Security Act (42 U.S.C. 671(a)(20)) 
     is amended--
       (A) in subparagraph (A)--
       (i) in the matter preceding clause (i), by striking ``on 
     whose behalf foster care maintenance payments or adoption 
     assistance payments are to be made'' and inserting 
     ``regardless of whether foster care maintenance payments or 
     adoption assistance payments are to be made on behalf of the 
     child'';
       (ii) in each of clauses (i) and (ii), by inserting 
     ``involving a child on whose behalf such payments are to be 
     so made'' after ``in any case''; and
       (iii) by striking ``and'' at the end of clause (ii); and
       (B) by adding ``and'' at the end of subparagraph (B); and
       (C) by adding at the end the following:
       ``(C) provides that the State shall--
       ``(i) check any child abuse and neglect registry maintained 
     by the State for information on any prospective foster or 
     adoptive parent and on any other adult living in the home of 
     such a prospective parent, and request any other State in 
     which any such prospective parent or other adult has resided 
     in the preceding 5 years, to enable the State to check any 
     child abuse and neglect registry maintained by such other 
     State for such information, before the prospective foster or 
     adoptive parent may be finally approved for placement of a 
     child, regardless of whether foster care maintenance payments 
     or adoption assistance payments are to be made on behalf of 
     the child under the State plan under this part;
       ``(ii) comply with any request described in clause (i) that 
     is received from another State; and
       ``(iii) have in place safeguards to prevent the 
     unauthorized disclosure of information in any child abuse and 
     neglect registry maintained by the State, and to prevent any 
     such information obtained pursuant to this subparagraph from 
     being used for a purpose other than the conducting of 
     background checks in foster or adoptive placement cases;''.
       (2) Suspension of opt-out.--Section 471(a)(20)(B) of such 
     Act (42 U.S.C. 671(a)(20)(B)) is amended--
       (A) by inserting ``, on or before September 30, 2004,'' 
     after ``plan if''; and
       (B) by inserting ``, on or before such date,'' after ``or 
     if''.
       (b) Elimination of Opt-out.--Section 471(a)(20) of such Act 
     (42 U.S.C. 671(a)(20)), as amended by subsection (a) of this 
     section, is amended--
       (1) in subparagraph (A)--
       (A) in the matter preceding clause (i), by striking 
     ``unless an election provided for in subparagraph (B) is made 
     with respect to the State,''; and
       (B) by adding ``and'' at the end of clause (ii); and
       (2) by striking subparagraph (B) and redesignating 
     subparagraph (C) as subparagraph (B).

     SEC. 6. COURTS ALLOWED ACCESS TO THE FEDERAL PARENT LOCATOR 
                   SERVICE TO LOCATE PARENTS IN FOSTER CARE OR 
                   ADOPTIVE PLACEMENT CASES.

       Section 453(c) of the Social Security Act (42 U.S.C. 
     653(c)) is amended--
       (1) by striking ``and'' at the end of paragraph (3);
       (2) by striking the period and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(5) any court which has authority with respect to the 
     placement of a child in foster care or for adoption, but only 
     for the purpose of locating a parent of the child.''.

     SEC. 7. CASEWORKER VISITS.

       (a) Purchase of Services in Interstate Placement Cases.--
     Section 475(5)(A)(ii) of the Social Security Act (42 U.S.C. 
     675(5)(A)(ii)) is amended by striking ``or of the State in 
     which the child has been placed'' and inserting ``of the 
     State in which the child has been placed, or of a private 
     agency under contract with either such State''.
       (b) Increased Visits.--Section 475(5)(A)(ii) of such Act 
     (42 U.S.C. 675(5)(A)(ii)) is amended by striking ``12'' and 
     inserting ``6''.

     SEC. 8. HEALTH AND EDUCATION RECORDS.

       Section 475 of the Social Security Act (42 U.S.C. 675) is 
     amended--
       (1) in paragraph (1)(C)--
       (A) by striking ``To the extent available and accessible, 
     the'' and inserting ``The''; and
       (B) by inserting ``the most recent information available 
     regarding'' after ``including''; and
       (2) in paragraph (5)(D)--
       (A) by inserting ``a copy of the record is'' before 
     ``supplied''; and
       (B) by inserting ``, and is supplied to the child at no 
     cost at the time the child leaves foster care if the child is 
     leaving foster care by reason of having attained the age of 
     majority under State law'' before the semicolon.

[[Page H8096]]

     SEC. 9. RIGHT TO BE HEARD IN FOSTER CARE PROCEEDINGS.

       (a) In General.--Section 475(5)(G) of the Social Security 
     Act (42 U.S.C. 675(5)(G)) is amended--
       (1) by striking ``an opportunity'' and inserting ``a 
     right'';
       (2) by striking ``and opportunity'' and inserting ``and 
     right''; and
       (3) by striking ``review or hearing'' each place it appears 
     and inserting ``proceeding''.
       (b) Notice of Proceeding.--Section 438(b) of such Act (42 
     U.S.C. 638(b)) is amended by inserting ``shall have in effect 
     a rule requiring State courts to notify foster parents, pre-
     adoptive parents, and relative caregivers of a child in 
     foster care under the responsibility of the State of any 
     proceeding to be held with respect to the child, and'' after 
     ``highest State court''.

     SEC. 10. COURT IMPROVEMENT.

       Section 438(a)(1) of the Social Security Act (42 U.S.C. 
     629h(a)(1)) is amended--
       (1) by striking ``and'' at the end of subparagraph (C); and
       (2) by adding at the end the following:
       ``(E) that determine the best strategy to use to expedite 
     the interstate placement of children, including--
       ``(i) requiring courts in different States to cooperate in 
     the sharing of information;
       ``(ii) authorizing courts to obtain information and 
     testimony from agencies and parties in other States without 
     requiring interstate travel by the agencies and parties; and
       ``(iii) permitting the participation of parents, children, 
     other necessary parties, and attorneys in cases involving 
     interstate placement without requiring their interstate 
     travel; and''.

     SEC. 11. REASONABLE EFFORTS.

       (a) In General.--Section 471(a)(15)(C) of the Social 
     Security Act (42 U.S.C. 671(a)(15)(C)) is amended by 
     inserting ``(including, if appropriate, through an interstate 
     placement)'' after ``accordance with the permanency plan''.
       (b) Permanency Hearing.--Section 471(a)(15)(E)(i) of such 
     Act (42 U.S.C. 671(a)(15)(E)(i)) is amended by inserting ``, 
     which considers in-State and out-of-State permanent placement 
     options for the child,'' before ``shall''.
       (c) Concurrent Planning.--Section 471(a)(15)(F) of such Act 
     (42 U.S.C. 671(a)(15)(F)) is amended by inserting ``, 
     including identifying appropriate out-of-State relatives and 
     placements'' before ``may''.

     SEC. 12. CASE PLANS.

       Section 475(1)(E) of the Social Security Act (42 U.S.C. 
     675(1)(E)) is amended by inserting ``to facilitate orderly 
     and timely in-State and interstate placements'' before the 
     period.

     SEC. 13. CASE REVIEW SYSTEM.

       Section 475(5)(C) of the Social Security Act (42 U.S.C. 
     675(5)(C) is amended--
       (1) by inserting ``, in the case of a child who will not be 
     returned to the parent, the hearing shall consider in-State 
     and out-of-State placement options,'' after ``living 
     arrangement''; and
       (2) by inserting ``the hearing shall determine'' before 
     ``whether the''.

     SEC. 14. USE OF INTERJURISDICTIONAL RESOURCES.

       Section 422(b)(12) of the Social Security Act (42 U.S.C. 
     622(b)(12)) is amended--
       (1) by striking ``develop plans for the'' and inserting 
     ``make'';
       (2) by inserting ``(including through contracts for the 
     purchase of services)'' after ``resources''; and
       (3) by inserting ``, and shall eliminate legal barriers,'' 
     before ``to facilitate''.

     SEC. 15. GAO STUDY ON CHILD WELFARE BACKGROUND CHECKS.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study of background checks that are performed 
     for the purpose of determining the appropriateness of placing 
     in a foster or adoptive home a child who is under the custody 
     of a State. The study shall review the policies and practices 
     of States in order to--
       (1) identify the most common delays in the background 
     clearance process and where in the process the delays occur;
       (2) describe when background checks are initiated;
       (3) determine which of local, State, or Federal (such as 
     FBI) background checks are used, how long it takes, on 
     average, for each kind of check to be processed, which crimes 
     or other events are included in each kind of check, how the 
     States differ in classifying the crimes and other events 
     checked, and how the information revealed by the checks is 
     used in determining eligibility to act as a foster or 
     adoptive parent;
       (4) examine the barriers child welfare agencies face in 
     accessing criminal background check information;
       (5) examine the use of the latest information-sharing 
     technology, including electronic fingerprinting and 
     participation in the Integrated Automated Fingerprinting 
     Information System;
       (6) identify the varied uses of such technology for child 
     welfare purposes as opposed to criminal justice purposes; and
       (7) recommend best practices that can increase the speed, 
     efficiency, and accuracy of child welfare background checks 
     at all levels of government.
       (b) Report to the Congress.--Within 12 months after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall submit to the Committees on Ways and 
     Means and on Education and the Workforce of the House of 
     Representatives and the Committees on Finance and on Health, 
     Education, Labor, and Pensions of the Senate a report which 
     contains the results of the study required by subsection (a).

     SEC. 16. EFFECTIVE DATE.

       (a) In General.--Except as otherwise provided in this 
     section, the amendments made by this Act shall take effect on 
     October 1, 2004, and shall apply to payments under parts B 
     and E of title IV of the Social Security Act for calendar 
     quarters beginning on or after such date, without regard to 
     whether regulations to implement the amendments are 
     promulgated by such date.
       (b) Elimination of Opt-Out.--The amendments made by section 
     5(b) shall take effect on October 1, 2006, and shall apply to 
     payments under part E of title IV of the Social Security Act 
     for calendar quarters beginning on or after such date, 
     without regard to whether regulations to implement the 
     amendments are promulgated by such date.
       (c) Delay Permitted If State Legislation Required.--If the 
     Secretary of Health and Human Services determines that State 
     legislation (other than legislation appropriating funds) is 
     required in order for a State plan under part B or E of title 
     IV of the Social Security Act to meet the additional 
     requirements imposed by the amendments made by a provision of 
     this Act, the plan shall not be regarded as failing to meet 
     any of the additional requirements before the 1st day of the 
     1st calendar quarter beginning after the first regular 
     session of the State legislature that begins after the date 
     of the enactment of this Act (or, in the case of the 
     amendments made by section 5(b), the 1st day of the 1st 
     calendar quarter beginning after the first such regular 
     session that begins after the effective date of such 
     section). If the State has a 2-year legislative session, each 
     year of the session is deemed to be a separate regular 
     session of the State legislature.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Herger) and the gentleman from Maryland (Mr. Cardin) 
each will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. Herger).


                             General Leave

  Mr. HERGER. Madam Speaker, I ask unanimous consent that all Members 
have 5 legislative days in which to revise and extend their remarks and 
to include extraneous material on the subject of the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. HERGER. Madam Speaker, I yield myself such time as I may consume.
  I rise in support of H.R. 4504, the Safe and Timely Interstate 
Placement of Foster Children Act of 2004. I am pleased to be a 
cosponsor of this bipartisan legislation sponsored by the distinguished 
majority leader from Texas (Mr. DeLay). I thank him for introducing 
this important legislation and for his dedication and efforts to ensure 
foster and adopted children are better protected.
  Madam Speaker, since November 2003, the subcommittee that I chair has 
conducted numerous hearings examining the Nation's child protection 
system. We have heard testimony from more than 45 witnesses who all 
agree on one important point, our current system fails to protect 
children and, therefore, needs improvement. The legislation before us 
today is an important first step in our effort to ensure children are 
not needlessly lingering in foster care. This legislation would 
encourage States to expedite the safe placement of foster and adoptive 
children into homes across State lines. Currently, these placements 
take an average of 1 year longer than placements within a single State, 
delaying permanency with loving families for thousands of children.
  H.R. 4504 would establish deadlines for completing home studies that 
assess whether the home is appropriate for a child. The legislation 
also authorizes up to $10 million in each of fiscal years 2005 through 
2008 for incentive payments to the States for home studies completed in 
a timely manner. In addition, the bill includes provisions to better 
ensure safety for children and foster and adoptive homes and to give 
foster parents and relative caregivers a right to be heard and notice 
of any court proceedings held concerning a child in their care.
  I thank my colleagues, Republicans and Democrats, for their support 
of our efforts to move this bill. I urge all my colleagues to join me 
in voting for this legislation so that we can ensure children are 
placed with loving families in a timely and safe way.
  Madam Speaker, I reserve the balance of my time.

[[Page H8097]]

                              {time}  1600

  Mr. CARDIN. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, when a child in foster care is waiting for a loving 
home, they should not have to wait an extra year to be placed in that 
home solely because it exists in another State.
  Unfortunately, that is exactly what happens in many cases today. The 
interstate placement of foster children is too often delayed by 
bureaucratic red tape, the lack of communication, differing standards 
among States, insufficient resources, and sometimes just plain 
indifference. The truth is that when one is dealing with an out-of-
state placement, a particular State does not give it the same attention 
it does to a placement within its own State. I therefore support this 
legislation to encourage States to expedite the appropriate placement 
of children across State lines.
  The bill before us calls upon States to update a compact that 
dictates the process for interstate placement, and it requires States 
to expeditiously conduct home studies for children coming from other 
States.
  Concluding these home studies, which evaluate whether prospective 
foster or adoptive parents can provide a safe and caring home for a 
child, has been one of the primary barriers to placing children across 
State lines.
  The legislation attempts to focus States' attention on this problem 
by requiring the completion of home studies within 60 days and by 
offering financial bonuses for every study that is completed within 30 
days.
  I want to congratulate and thank the distinguished gentleman from 
Texas (Mr. DeLay), majority leader, for bringing this legislation 
forward and for working with both sides of the aisle to try to perfect 
this bill and to make it one that we hope can be enacted this year.
  As a result of those discussions, some important changes have been 
made, and let me just point them out. First, the revised legislation 
now exempts the training of the foster and adoptive parents from both 
the 60- and 30-day home study timetables. Many States help prepare 
prospective adoptive and foster parents, and sometimes this training 
can take up to 3 months. We want to encourage such efforts; and, 
therefore, the new bill does not count training against a home study 
requirement and bonus.
  Second, we recognize that factors beyond a State's control, such as 
waiting for an FBI background check or medical records, can sometimes 
prolong the home study process. The revised bill therefore gives States 
an additional 15 days, for a total of 75 days, to complete the home 
study in such circumstances.
  And, finally, the new bill increases the bonuses for home studies 
completed within 30 days to $1,500 and clarifies that the $10 million a 
year will be authorized for these bonuses for the next 4 years. So the 
States can really plan on these new roles.
  I should point out that one controversial provision remains in the 
bill that is not directly related to the goal of expediting interstate 
placements. The bill would eliminate the ability of States to determine 
their own standards for placing children with relatives of adoptive 
parents who have committed criminal offenses in the past. Mr. Speaker, 
my own State already complies with Federal standards in this area; and, 
therefore, I am not opposed to that provision in the bill. However, I 
understand that New York, California, and seven other States want the 
flexibility to make placement decisions on past offenses that may have 
happened many years ago. Those nine States now opt out of the Federal 
standards, an option that would be eliminated by this legislation. 
However, the revised bill does delay the effect of this change for 2 
years, giving the States more time to modify those procedures.
  Mr. Speaker, we have 500,000 children in foster care of which over 
100,000 are ready for adoption. We need to remove barriers between 
these children and loving homes, and this bill takes a modest, but 
meaningful, step in that direction.
  In closing, once again let me compliment the majority leader for 
allowing this Congress to focus on the issues of foster children. We 
have been able to do that in a bipartisan manner, and we have made some 
very constructive changes that have helped our most vulnerable 
children, and I congratulate him on this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HERGER. Mr. Speaker, I yield 1 minute to the distinguished 
gentleman from Texas (Mr. DeLay), majority leader, the author of the 
bill.
  Mr. DeLAY. Mr. Speaker, I want to thank the gentleman for yielding me 
this time, and I want to also thank the gentleman from California 
(Chairman Herger) and the distinguished gentleman from Maryland (Mr. 
Cardin), ranking member, for their leadership on this legislation and 
in this area. They have worked tirelessly to understand the plight of 
abused and neglected children in this country, and we greatly 
appreciate the hard work that they have been doing.
  I would also like to especially thank the staff from the Committee on 
Ways and Means, Matt Weidinger and Christine Devere, for their help on 
this bill. Nick Gwyn, from the minority staff, also contributed to this 
effort. The Congressional Research Service, Emilie Stolzfus and Karen 
Spar, provided technical advice on this bill that was greatly 
appreciated. In addition, I also want to thank Barbara Clark and Susan 
Orr with the Department of Health and Human Services for their work on 
this bill. But I especially want to thank Cassie Bevan on my staff. Dr. 
Bevan really shepherded this bill, and she has shown the love that 
exhibited in this bill is the exact kind of love that she has for 
children that are abused and neglected, the most innocent that are 
treated so badly by the adults that should love them and raise them. 
Dr. Bevan has done exemplary work in this area with this bill and in 
many other areas. And we are grateful to her.
  Mr. Speaker, I am proud to have authored this bill and recommend it 
to my colleagues today. This legislation would streamline the system of 
which abused and neglected children in America are placed in foster and 
adoptive homes across State lines and brings hope to thousands of 
children every year who otherwise would spend their precious days in 
uncertainty and fear.
  For the first time, it will set Federal deadlines for children's 
interstate placement to ensure both safety and timeliness by 
establishing Federal requirements.
  Today in the United States an abused or neglected child who must be 
placed in a foster home outside their home State, often with a family 
member in another State, waits on average 1 full year longer to be 
placed than a child placed in-state. There is simply no justification 
for this inefficiency in this day and age. These kids need our help. 
Yes, prospective families must be found and screened. Background checks 
must be conducted, and the well-being of the child must always, always 
be the driving interest.
  But an extra year just because a second government bureaucracy gets 
involved? An extra year of waiting for a permanent, forever family?
  Not anymore, Mr. Speaker. Under this bill before us, once a child is 
deemed in need of an out-of-state placement, the State has 60 days to 
find the child a foster home or an adoptive home and 14 days to approve 
that home. And on top of that, it creates a financial incentive of 
$1,500 for States that complete their home study in 30 days.
  These abused and neglected children should not be treated like 
second-class citizens or lower priorities just because they have to 
move out of their home State to be loved. To ensure these children's 
safety, this bill will also set Federal requirements for the criminal 
background checks States must conduct to screen prospective foster 
parents. It will end the ability of States to ``opt out'' of Federal 
criminal background requirements to prevent children from ever being 
placed into the home of anyone who has had a felony conviction 
involving violence or children.
  It also provides 2 years for all States to get into compliance with 
Federal law so that by October, 2006, every placement in the country 
will be done with the same commitment to safety and timeliness.
  Let us just be real clear about what we are talking about here. These 
children have not known the kind of lives

[[Page H8098]]

they were meant to lead. They have been abused and neglected by the 
very people who are supposed to love them the most. They have been 
beaten, malnourished, terrorized, and in many cases sexually abused. 
Things have gotten so bad in their lives that the State has been forced 
to step in to offer the child protection.
  A family has volunteered to create a loving home for this child, and 
yet because of bureaucratic inefficiency and out-of-touch policies, 
these children are left to suffer alone with their fear and their 
bruises for another lost year of their young lives. Unacceptable. 
Unacceptable.
  This bill will get these children out of their personal hells and 
into the arms of a loving family quickly and safely. Sixty days is more 
than enough to make necessary background checks and to ensure the 
quality of the prospective foster or adoptive parents, as evidenced by 
the widespread support for this legislation among groups dedicated to 
the protection of abused and neglected children like the National 
Foster Parent Association, the National Association of Psychiatric 
Health Systems, the Consortium for Children, the National Council for 
Adoption, and the National Council of Juvenile and Family Court Judges.
  The people closest to the movement to reform the foster care system 
in America support this bill, Mr. Speaker. Current law allows children 
in need of an out-of-state placement to wait an extra year to find a 
family and does not ensure that ultimate placement is safe.
  Current law is a cruel and callous insult to these children and the 
responsibility of the Nation to care for them. Current law, Mr. 
Speaker, must change. And if it does not and Congress adjourns without 
acting and an abused and neglected child dies in a State that has opted 
out of the Federal system, our failure to act will be the reason.
  So I urge my colleagues not to let things reach that point. Act now 
in the interest of abused and neglected children who are today just 
hoping for a chance to hope. Give them that chance, Mr. Speaker, and 
support this legislation.
  Mr. CARDIN. Mr. Speaker I yield 4 minutes to the distinguished 
gentleman from Washington (Mr. McDermott), a member of the Committee on 
Ways and Means.
  Mr. McDERMOTT. Mr. Speaker, I want to thank the gentleman from 
California (Mr. Herger) for bringing this legislation to the floor 
today.
  Often this close to an election, we waste a lot of time on nonsense 
aimed to affect the election. But today's bill is really important 
because it aims to improve the chances of foster children to find 
permanent homes more quickly. This bill provides incentives to States 
that quickly place out-of-state children into permanent homes. But it 
also penalizes States that place children too slowly.
  I am concerned that there may be situations where the delays in 
placement are caused by Federal agencies, not by State mismanagement; 
and I would like to ask the gentleman from California to engage me in a 
brief colloquy.
  Since the bill calls for a government study to look at the reasons 
for delays in conducting background checks on prospective adoptive and 
foster parents, is it the gentleman from California's intention to work 
with me and my colleagues to address any barriers that the study finds 
especially at the Federal level?
  Mr. HERGER. Mr. Speaker, will the gentleman yield?
  Mr. McDERMOTT. I yield to the gentleman from California.
  Mr. HERGER. Mr. Speaker, I thank the gentleman from Washington for 
his support of this important legislation.
  And as he has mentioned, the legislation requests that GAO study the 
reasons for delays in conducting background checks, and I am very 
interested in what the GAO has to say on these issues given the 
importance of completing home studies in a timely manner so children 
may quickly, but safely, be placed into permanent homes. I hope we can 
continue to work together to explore these issues, building on what the 
GAO reports to us.
  I thank the gentleman for his interest in this important issue and 
for his support of the legislation before us.
  Mr. McDERMOTT. Mr. Speaker, I thank the gentleman for his response. 
We look forward to working with him.
  Mr. HERGER. Mr. Speaker, I yield 2 minutes to the gentleman from 
Michigan (Mr. Camp), a member of the Committee on Ways and Means and 
the Human Resources Subcommittee.
  Mr. CAMP. Mr. Speaker, I thank the chairman for yielding me this 
time, and I also want to thank the distinguished gentleman from Texas 
(Mr. DeLay), majority leader, for his long record of leadership on 
foster care issues as well as on this particular legislation today.
  This time of year I often get asked: What am I proud to have 
accomplished as a Member of Congress? And I am sure many of my 
colleagues get the same question. For me it is an easy question to 
answer. It is our work on adoption issues and moving children in foster 
care into safe, permanent, loving homes.
  Together we have accomplished a lot for abandoned children, and today 
we can do even more. It is odd to think that after years of work on 
this issue, bringing regularity to international adoptions, providing 
greater incentives to adopt older and special needs children, helping 
new parents with the enormous financial cost to giving a young child a 
new lease on life, that something as simple as a State boundary line is 
delaying kids from finding true happiness and the unconditional love of 
a mother and father.
  H.R. 4504, the Safe and Timely Interstate Placement Act of 2004, is a 
bipartisan piece of legislation that will expedite the safe placement 
of foster and adoptive children into permanent homes across State 
lines. Currently, these placements take more than 1 year longer than 
placements within a State's borders. We should not, and cannot, allow 
that to continue.
  This legislation takes a commonsense approach to helping our Nation's 
foster children. It sets reasonable deadlines for completing and 
responding to interstate home studies and provides financial incentives 
for meeting those deadlines.

                              {time}  1615

  It also ensures children are protected by requiring all States to 
follow Federal criminal background check procedures for perspective 
foster and adoptive parents.
  This is good policy. It will help children find the family they 
deserve. I urge my colleagues to vote ``yes'' on H.R. 4504.
  Mr. CARDIN. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
California (Ms. Watson).
  Ms. WATSON. Mr. Speaker, I rise today to speak on behalf of the 
30,000 youth in the Los Angeles County foster care system. The goal for 
our foster care system is to find a permanent, loving family for each 
child and to ensure their well-being.
  The focus of this bill is interstate placement, an excellent way to 
place children with relatives. This bill will help to achieve this 
goal. But my concern is this: after 2 years, H.R. 4504 would eliminate 
an opt-out provision for FBI background checks for all States.
  The California County Welfare Directors Association concurs that this 
provision presents a problem for my home State of California, which 
already performs more rigorous background checks than required by the 
Interstate Compact on the Placement of Children. The 9/11 Commission 
has told us the FBI is already having difficulty performing background 
checks for homeland security needs. States cannot rely on the 
overburdened FBI to accelerate interstate placements of children. Our 
foster care children would have to compete with criminals and 
terrorists for time.
  Foster care youth need to be placed in safe, loving homes. I would 
ask, Mr. Speaker, to give the Congress the opportunity to revisit this 
mandatory background check provision before the 2-year reprieve is over 
so that States like California can continue with their more rigorous 
background checks. I will work with the author to maybe have a 
provision that would do that.
  Mr. CARDIN. Mr. Speaker, I am pleased to yield 3 minutes to the 
gentleman from California (Mr. Cardoza), one of the cosponsor of this 
legislation.
  Mr. CARDOZA. Mr. Speaker, I rise in support of H.R. 4504 sponsored by 
the House majority leader, the gentleman from Texas (Mr. DeLay). As 
Members

[[Page H8099]]

from opposing sides of the political spectrum, I praise the gentleman 
from Texas (Mr. DeLay), and I could not be more proud to be here today 
in support of a common goal, moving our Nation's most precious children 
into safe and permanent homes.
  As an adoptive parent myself, I have seen firsthand the glaring 
problems our foster care system is currently facing. At any given time 
in the United States, there are roughly 500,000 children in foster 
care, moving from placement to placement, often living out of a 
suitcase, in hopes that one day a loving family will welcome them into 
their home.
  H.R. 4504, the Safe and Timely Placement of Foster Children Act, 
addresses one specific, yet extremely important, aspect of the system, 
interstate adoptions. Often an impediment to a foster child's placement 
in a permanent home happens when a child from one State is being 
adopted by a family in another State. The State where the family 
resides must complete a home study in order to verify that the 
placement is safe, secure, and ready for the new child. Often these 
types of home studies are a low priority for the State where the 
adoptive family resides and can lead to delays of months and even years 
in the adoption process.
  This legislation we are considering today would establish a 60-day 
deadline for completing an interstate home study. If a State completes 
the home study within 30 days, this bill would authorize a $1,500 
incentive payment for the completed home study to be used for adoption-
related expenses.
  The children that this bill seeks to help are needy, neglected 
children without a voice who desperately want to have a home, something 
all of us take for granted. They want to go to the same school with the 
same friends for more than a few months at a time. They want someone to 
tuck them in at night and help them with their homework. They want to 
stop living out of a black plastic garbage bag that doubles as a 
suitcase. They want a real home, and they want to be loved.
  Over the years I have met with numerous kids from all over the 
country who are in various stages of foster care. I have heard great 
stories where children were reunited with their biological parents or 
are placed in loving, caring adoptive homes, like my own children are. 
But I have also heard other stories that have just made me sick to my 
stomach.
  One young boy I met at a school for foster children in my district 
told me the story of his life that seemed quite fitting for this debate 
today. He had been placed in foster care at an early age and had been 
moved in and out of seven different homes up and down the State of 
California. As you can imagine, he grew jaded and resentful from the 
harsh life he was forced to live.
  Finally he, was placed with a family that saw through his rough 
exterior and who wanted to adopt him. This young boy was convinced that 
he had finally found a real home with devoted parents. Soon after he 
was placed in this foster family, however, the father was transferred 
to North Carolina and the family was forced to move. Unfortunately, 
they could not get the paperwork processed between California and North 
Carolina in order to facilitate the adoption, so this young boy was 
left behind and is now residing in a group home.
  It is our job as Members of Congress to be a voice for these children 
and make sure their dreams are realized. We owe it to them to 
streamline the adoptive process and make Federal law work for positive 
outcomes. If that means requiring States to get their act together, 
then so much the better.
  Mr. CARDIN. Mr. Speaker, I am pleased to yield 3 minutes to the 
gentleman from Alabama (Mr. Cramer).
  Mr. CRAMER. Mr. Speaker, I rise today in strong support of H.R. 4504, 
the Safe and Timely Interstate Placement Act of 2004. I congratulate 
the gentleman from California (Mr. Herger) and the gentleman from 
Maryland (Mr. Cardin) as well for bringing this very important piece of 
legislation to the floor of the House in what might be one of our last 
weeks in session here. I also want to congratulate the majority leader 
for the passion he has brought to this issue as well.
  We have had many discussions about the plight of those children that 
do not have a safety net under them, particularly foster children, and 
foster children that could be eligible for adoption as well.
  I began my career after law school as an assistant district attorney, 
and I was assigned to juvenile court. In those days in Alabama we were 
to assist the welfare department with issues of removal of children. I 
learned more than I ever wish I had to learn about children that were 
in foster care, vulnerable children, abused children, physically 
abused, sexually abused, and often both as well.
  What I found out the hard way, though, is that the system does not 
protect those children. The bureaucracies work against what we can do 
to place and protect those children. I got actively involved with the 
Foster Parents Association down there in north Alabama, and their 
frustrations with the bureaucracy were many.
  This piece of legislation today accomplishes just about everything 
that we need to accomplish. It deals with the placement of children 
across State lines, and the bureaucracies have worked against that. My 
colleagues have pointed out how much longer it takes to place those 
children.
  This legislation as well speaks to States that have opted out of 
Federal requirements. There should be criminal background checks. There 
should be restrictions on who is eligible to adopt children. Most 
States are not doing those background checks, and consequently most of 
those States are not protecting children the way they should. So this 
makes this uniform.
  Another important issue that is covered in this legislation is it 
authorizes up to $10 million through fiscal year 2008 for incentive 
payments to the States for $1,500 for each interstate home study 
completed within 30 days. It wants to force the States to do those home 
studies quicker.
  Mr. Speaker, this is a good piece of legislation, it should not be 
controversial, and our Members should support it.
  Mr. CARDIN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, in closing, I would just urge my colleagues to support 
this very important bill, and I compliment the manner in which it was 
handled in this body, improving the legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. HERGER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I thank my colleague, the gentleman from Maryland (Mr. 
Cardin), and all of the gentlemen and gentlewomen we have worked with 
on this bipartisan legislation. The legislation we are considering 
today is an important step that will ensure timely and safe homes for 
children.
  It also has the support of the Bush administration, which today 
issued a statement of administration policy. This statement says the 
following: ``The administration supports House passage of H.R. 4504. 
This bill would help speed up the interstate adoption process so that 
children could be placed in permanent, loving homes more quickly by 
authorizing the Department of Health and Human Services to make 
incentive grants to States that complete timely interstate home 
studies.
  ``The administration is particularly pleased that the House bill 
includes a provision that eliminates the ability of States to opt out 
of requirements to conduct criminal background checks on foster and 
adoptive parents.''
  Mr. Speaker, I thank the administration for their support, and I urge 
all my colleagues to join us in support of this legislation.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I am pleased to be here today 
to support the ``Orderly and Timely Interstate Placement of Foster 
Children Act of 2004.'' This act amends the Social Security Act to 
require each State to have procedures for orderly and timely placement 
of children, in foster care or for adoption.
  In addition, this bill directs the Secretary of Health and Human 
Services to make incentive grants to States that complete timely 
interstate home studies. It also revises requirements for checking of 
child abuse registries to eliminate an opt-out provision.
  Because of this act, we will allow access to the Federal parent 
locator service to courts in foster care or adoptive placement cases. 
It also provides for consideration of out-of-state placements in 
permanency hearings, case plans, and case reviews.
  As chair of the Congressional Children's Caucus, I have dedicated a 
significant portion

[[Page H8100]]

of my congressional services to this issue of children. Children 
entering foster care are often in poor health. Compared with children 
from the same socioeconomic background, they have much higher rates of 
serious emotional and behavioral problems, chronic physical 
disabilities, birth defects, developmental delays, and poor school 
achievement according to Child Welfare Statistical Fact Book.
  In my state of Texas we have a Child Population of 5,629,200. There 
are 17,103 in state care; 6,002, or 30.5 percent, are African American 
children. African American children, who made up less than 16 percent 
of all children under age 18, accounted for 38 percent of foster 
children in 2001, a total of 204,973.
  White children, who made up 62 percent of American children, 
accounted for 37 percent of foster children. Hispanic children, who 
made up 18 percent of U.S. children, accounted for 17 percent of foster 
children.
  Alcohol and drug abuse are factors in the placement of more than 75 
percent of the children who are entering foster care. Children who lose 
their parents to AIDS are another group in need of foster care. In 
addition, increasing numbers of children who are HIV infected are in 
foster care.
  An estimated 80,000 healthy children will be orphaned by AIDS in the 
next few years, with approximately one-third of that number expected to 
enter the child welfare system. Some conservative estimates are that 
about 30 percent of the children in care have marked or severe 
emotional problems.
  According to a GAO study, 58 percent of young children in foster care 
had serious health problems; 62 percent had been subject to prenatal 
drug exposure, placing them at significant risk for numerous health 
problems.
  Children in foster care are three to six times more likely than 
children not in care to have emotional, behavioral and developmental 
problems including conduct disorders, depression, difficulties in 
school, and impaired social relationships.
  The health care children receive while in foster care is often 
compromised by insufficient funding, poor planning, lack of access, 
prolonged waits for community-based medical and mental health services, 
and lack of coordination of services as well as poor communication 
among health and child welfare professionals.
  The Child Welfare League of America (CWLA) worked with the American 
Academy of Pediatrics (AAP) to develop standards for the health of 
foster children. However, many child welfare agencies lack specific 
policies for children's physical and mental health services and state 
Medicaid systems rarely cover all of the services these children 
require.
  We need a more comprehensive, inclusive health care system to protect 
our Nation's foster children. To begin with, all children entering 
foster care should have an initial physical examination before or soon 
after placement. This examination should focus on identifying acute and 
chronic conditions requiring expedient treatment, so the condition does 
not worsen or become unmanageable. It is better for the child, for the 
foster parent, and for state Medicaid programs to urge an early 
diagnosis and treatment.
  All children in foster care should receive comprehensive mental 
health and developmental evaluations, either before placement or soon 
after. Although they live with a family, the child in foster care 
requires physical, developmental, and mental health status monitoring 
more frequently than children living in stable homes.
  Finally, child welfare agencies and health care providers should 
develop and implement systems to ensure the efficient transfer of 
physical and mental health information among professionals who treat 
children in foster care. The ability to communicate about medical 
histories and previous problems will make diagnosis and treatment 
easier and more affordable, and also provide the child with a more 
complete medical background.
  We in Congress can see that more is done to hold social services 
accountable for maintaining the health and well being of these 
children. We can work to have more funds efficiently spent on the 
federal level to help these children. These are our most precious 
resource of the future, let us come together to work to protect it.
  Mr. DAVIS of Illinois. Mr. Speaker, I rise today in support of H.R. 
4504. There are currently approximately 540,000 children in foster care 
in our country. In my home state of Illinois, 5 percent of our 
children, approximately 28,460 children are in foster care. The number 
of kids in foster care has doubled from 1987 to 2004. Nearly half of 
today's population of foster kids are under the age of ten.
  I commend the gentleman from Texas, Mr. DeLay for this legislation. 
The idea of providing an opportunity for children who could not 
experience family life, to give them the opportunity to have the well-
being, the nurturing of a family rather than being institutionalized or 
as a ward of the State is of tremendous value. I simply want to add my 
voice in support of it.
  Mr. HERGER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Simpson). The question is on the motion 
offered by the gentleman from California (Mr. Herger) that the House 
suspend the rules and pass the bill, H.R. 4504, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read: ``A bill to improve 
protections for children and to hold States accountable for the safe 
and timely placement of children across State lines, and for other 
purposes.''.
  A motion to reconsider was laid on the table.

                          ____________________