[Congressional Record Volume 154, Number 105 (Tuesday, June 24, 2008)]
[House]
[Pages H5921-H5932]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  FOSTERING CONNECTIONS TO SUCCESS ACT

  Mr. McDERMOTT. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 6307) to amend parts B and E of title IV of the Social 
Security Act to assist children in foster care in developing or 
maintaining connections to family, community, support, health care, and 
school, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6307

       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 ``Fostering Connections to 
     Success Act''.

     SEC. 2. KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS FOR 
                   CHILDREN.

       (a) State Plan Option.--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 (26);
       (2) by striking the period at the end of paragraph (27) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(28) at the option of the State, provides for the State 
     to enter into kinship guardianship assistance agreements to 
     provide kinship guardianship assistance payments on behalf of 
     children to grandparents and other relatives who have assumed 
     legal guardianship of the children for whom they have cared 
     as foster parents and for whom they have committed to care on 
     a permanent basis, as provided in section 473(d).''.
       (b) In General.--Section 473 of such Act (42 U.S.C. 673) is 
     amended by adding at the end the following:
       ``(d) Kinship Guardianship Assistance Payments for 
     Children.--
       ``(1) Kinship guardianship assistance agreement.--
       ``(A) In general.--In order to receive payments under 
     section 474(a)(6), a State shall--
       ``(i) negotiate and enter into a written, binding kinship 
     guardianship assistance agreement with the prospective 
     relative guardian of a child who meets the requirements of 
     this paragraph;
       ``(ii) provide the prospective relative guardian with a 
     copy of the agreement; and
       ``(iii) certify that any child on whose behalf kinship 
     guardianship assistance payments are made under the agreement 
     shall be provided medical assistance under title XIX in 
     accordance with section 1902(a)(10)(A)(i)(I).
       ``(B) Minimum requirements.--The agreement shall specify, 
     at a minimum--
       ``(i) the amount of, and manner in which, each kinship 
     guardianship assistance payment will be provided under the 
     agreement;
       ``(ii) the additional services and assistance that the 
     child and relative guardian will be eligible for under the 
     agreement;
       ``(iii) the procedure by which the relative guardian may 
     apply for additional services as needed; and
       ``(iv) subject to subparagraph (D), that the State will pay 
     the total cost of nonrecurring expenses associated with 
     obtaining legal guardianship of the child, to the extent the 
     total cost does not exceed $2,000.
       ``(C) Interstate applicability.--The agreement shall 
     provide that the agreement shall remain in effect without 
     regard to the State residency of the kinship guardian.
       ``(D) No effect on federal reimbursement.--Nothing in 
     subparagraph (B)(iv) shall be construed as affecting the 
     ability of the State to obtain reimbursement from the Federal 
     Government for costs described in that subparagraph.
       ``(2) Kinship guardianship assistance payment.--
       ``(A) In general.--The kinship guardianship assistance 
     payment shall be equal to the amount of the foster care 
     maintenance payment for which the child would have been 
     eligible if the child had remained in a foster family home, 
     or, at State option, the amount of the adoption assistance 
     payment for which the child would have been eligible if the 
     child had been adopted, and may be readjusted periodically 
     based on changes in the circumstances of the relative 
     guardians involved and the needs of the child. 
     Notwithstanding the preceding sentence, the amount of the 
     kinship guardianship assistance payment may not exceed the 
     foster care maintenance payment which would have been paid 
     during the period involved if the child had been in a foster 
     family home.
       ``(B) Limitation.--A State may not make a kinship 
     guardianship assistance payment to a relative guardian for 
     any child who has attained 18 years of age, or such greater 
     age as the State may elect under section 475(8)(B)(iii).
       ``(3) Child's eligibility for a kinship guardianship 
     assistance payment.--
       ``(A) In general.--A child is eligible for a kinship 
     guardianship assistance payment under this subsection if the 
     State agency determines the following:
       ``(i) The child has been--

       ``(I) removed from his or her home pursuant to a voluntary 
     placement agreement or as a result of a judicial 
     determination to the effect that continuation in the home 
     would be contrary to the welfare of the child;
       ``(II) under the care of the State agency for the 12-month 
     period ending on the date of the agency determination;
       ``(III) eligible for foster care maintenance payments under 
     section 472 while in the home of the prospective relative 
     guardian; and
       ``(IV) residing for at least 6 months with the prospective 
     relative guardian.

       ``(ii) Being returned home or adopted are not appropriate 
     permanency options for the child.
       ``(iii) The child demonstrates a strong attachment to the 
     prospective relative guardian and the relative guardian has a 
     strong commitment to caring permanently for the child.
       ``(iv) With respect to a child who has attained 14 years of 
     age, the child has been consulted regarding the kinship 
     guardianship arrangement.
       ``(B) Treatment of siblings.--With respect to a child 
     described in subparagraph

[[Page H5922]]

     (A) whose sibling or siblings are not so described--
       ``(i) the child and any sibling of the child may be placed 
     in the same kinship guardianship arrangement if the State 
     agency and the relative agree on the appropriateness of the 
     arrangement for the siblings; and
       ``(ii) kinship guardianship assistance payments may be paid 
     for the child and each sibling so placed.''.
       (c) Conforming Amendments.--
       (1) Eligibility for adoption assistance payments.--Section 
     473(a)(2) of such Act (42 U.S.C. 673(a)(2)) is amended by 
     adding at the end the following:
       ``(D) In determining the eligibility for adoption 
     assistance payments of a child in a legal guardianship 
     arrangement described in section 471(a)(28), the placement of 
     the child with the relative guardian involved shall be 
     considered never to have been made.''.
       (2) State plan requirement.--
       (A) In general.--Section 471(a)(20) of such Act (42 U.S.C. 
     671(a)(20)) is amended--
       (i) by adding ``and'' at the end of subparagraph (C); and
       (ii) by adding at the end the following:
       ``(D) provides procedures for criminal records checks, 
     including fingerprint-based checks of national crime 
     information databases (as defined in section 534(e)(3)(A) of 
     title 28, United States Code), on any relative guardian, and 
     for checks described in subparagraph (C) of this paragraph on 
     any relative guardian and any other adult living in the home 
     of any relative guardian, before the relative guardian may be 
     finally approved for placement of a child regardless of 
     whether kinship guardianship assistance payments are to be 
     made on behalf of the child under the State plan under this 
     part;''.
       (B) Redesignation of new provision after amendment made by 
     prior law takes effect.--
       (i) In general.--Section 471(a)(20) of the Social Security 
     Act (42 U.S.C. 671(a)(20)) is amended--

       (I) in subparagraph (D), by striking ``(C)'' and inserting 
     ``(B)''; and
       (II) by redesignating subparagraph (D) as subparagraph (C).

       (ii) Effective date.--The amendments made by clause (i) 
     shall take effect immediately after the amendments made by 
     section 152 of Public Law 109-248 take effect.
       (3) Payments to states.--Section 474(a) of such Act (42 
     U.S.C. 674(a)) is amended--
       (A) by striking the period at the end and inserting ``; 
     plus''; and
       (B) by adding at the end the following:
       ``(6) an amount equal to the percentage by which the 
     expenditures referred to in paragraph (2) of this subsection 
     are reimbursed of the total amount expended during such 
     quarter as kinship guardianship assistance payments under 
     section 473(d) pursuant to kinship guardianship assistance 
     agreements.''.
       (4) Definitions.--Section 475(1) of such Act (42 U.S.C. 
     675(1)) is amended by adding at the end the following:
       ``(F) In the case of a child with respect to whom the 
     permanency plan is placement with a relative and receipt of 
     kinship guardianship assistance payments under section 
     473(d), a description of--
       ``(i) the steps that the agency has taken to determine that 
     it is not appropriate for the child to be returned home or 
     adopted;
       ``(ii) the reasons for any separation of siblings during 
     placement;
       ``(iii) the reasons why a permanent placement with a fit 
     and willing relative through a kinship guardianship 
     assistance arrangement is in the child's best interests;
       ``(iv) the ways in which the child meets the eligibility 
     requirements for a kinship guardianship assistance payment;
       ``(v) the efforts the agency has made to discuss adoption 
     by the child's relative foster parent as a more permanent 
     alternative to legal guardianship and, in the case of a 
     relative foster parent who has chosen not to pursue adoption, 
     documentation of the reasons therefor; and
       ``(vi) the efforts made by the State agency to discuss with 
     the child's parent or parents the kinship guardianship 
     assistance arrangement, or the reasons why the efforts were 
     not made.''.
       (d) Continued Services Under Waiver.--Section 474 of such 
     Act (42 U.S.C. 674) is amended by adding at the end the 
     following:
       ``(g) For purposes of this part, after the termination of a 
     demonstration project relating to guardianship conducted by a 
     State under section 1130, the expenditures of the State for 
     the provision, to children who, as of September 30, 2008, 
     were receiving assistance or services under the project, of 
     the same assistance and services under the same terms and 
     conditions that applied during the conduct of the project, 
     are deemed to be expenditures under the State plan approved 
     under this part.''.

     SEC. 3. FAMILY CONNECTION GRANTS.

       Part B of title IV of the Social Security Act (42 U.S.C. 
     620-629i) is amended by adding at the end the following:

                 ``Subpart 3--Family Connection Grants

     ``SEC. 441. FAMILY CONNECTION GRANTS.

       ``(a) In General.--The Secretary of Health and Human 
     Services may make matching grants to State, local, or tribal 
     child welfare agencies, and private nonprofit organizations 
     that have experience in working with foster children or 
     children in kinship care arrangements, for the purpose of 
     helping children who are in, or at risk of entering, foster 
     care reconnect with family members through the implementation 
     of--
       ``(1) kinship navigator programs designed to assist kinship 
     caregivers in navigating their way through programs and 
     services, and to help the caregivers learn about and obtain 
     assistance to meet the needs of the children they are raising 
     and their own needs;
       ``(2) intensive family-finding efforts that utilize search 
     technology to find biological family members for children in 
     the child welfare system, and once identified, work to 
     reestablish relationships and explore ways to find a 
     permanent family placement for the children; or
       ``(3) family group decision-making meetings for children in 
     the child welfare system that engage and empower families to 
     make decisions and develop plans that nurture children and 
     protect them from enduring further abuse and neglect.
       ``(b) Applications.--An entity desiring to receive a 
     matching grant under this section shall submit to the 
     Secretary an application, at such time, in such manner, and 
     containing such information as the Secretary may require, 
     including--
       ``(1) a description of how the grant will be used to 
     implement 1 or more of the activities described in subsection 
     (a);
       ``(2) a description of the types of children and families 
     to be served, including how the children and families will be 
     identified and recruited, and an initial projection of the 
     number of children and families to be served;
       ``(3) if the entity is a private organization--
       ``(A) documentation of support from the relevant local or 
     State child welfare agency; or
       ``(B) a description of how the organization plans to 
     coordinate its services and activities with those offered by 
     the relevant local or State child welfare agency; and
       ``(4) an assurance that the entity will cooperate fully 
     with any evaluation provided for by the Secretary under this 
     section.
       ``(c) Limitations.--
       ``(1) Grant duration.--The Secretary may award a grant 
     under this section for a period of not less than 1 year and 
     not more than 3 years.
       ``(2) Number of new grantees per year.--The Secretary may 
     not award a grant under this section to more than 20 new 
     grantees each fiscal year.
       ``(d) Federal Contribution.--The amount of a grant payment 
     to be made to a grantee under this section during each year 
     in the grant period shall be the following percentage of the 
     total expenditures proposed to be made by the grantee in the 
     application approved by the Secretary under this section:
       ``(1) 75 percent, if the payment is for the 1st or 2nd year 
     of the grant period.
       ``(2) 50 percent, if the payment is for the 3rd year of the 
     grant period.
       ``(e) Form of Grantee Contribution.--A grantee under this 
     section may provide not more than 50 percent of the amount 
     which the grantee is required to expend to carry out the 
     activities for which a grant is awarded under this section in 
     kind, fairly evaluated, including plant, equipment, or 
     services.
       ``(f) Use of Grant.--A grantee under this section shall use 
     the grant in accordance with the approved application for the 
     grant.
       ``(g) Reservations of Funds.--
       ``(1) Evaluation.--The Secretary shall reserve 3 percent of 
     the funds made available under subsection (h) for each fiscal 
     year for the conduct of a rigorous evaluation of the 
     activities funded with grants under this section.
       ``(2) Technical assistance.--The Secretary may reserve 2 
     percent of the funds made available under subsection (h) for 
     each fiscal year to provide technical assistance to 
     recipients of grants under this section.
       ``(h) Limitations on Authorization of Appropriations.--To 
     carry out this section, there are authorized to be 
     appropriated to the Secretary not more than $50,000,000 for 
     each of fiscal years 2009 through 2013.''.

     SEC. 4. NOTIFICATION TO RELATIVES OF FOSTER CARE PLACEMENTS.

       Section 471(a) of the Social Security Act (42 U.S.C. 
     671(a)), as amended by section 2(a) of this Act, is amended--
       (1) by striking ``and'' at the end of paragraph (27);
       (2) by striking the period at the end of paragraph (28) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(29) provides that, not later than 30 days after the date 
     the State places a child in foster care, the State agency 
     shall attempt to locate and notify any noncustodial parents, 
     siblings, grandparents, aunts, or uncles of the child who are 
     adults, of the removal of the child from the custody of the 
     child's parent or parents and explain the options the 
     relative has to participate in the care and placement of the 
     child, subject to exceptions due to family or domestic 
     violence which shall be provided for under State law.''.

     SEC. 5. STATE OPTION FOR CHILDREN IN FOSTER CARE, AND CERTAIN 
                   CHILDREN IN AN ADOPTIVE OR GUARDIANSHIP 
                   PLACEMENT, AFTER ATTAINING AGE 18.

       (a) Definition of Child.--Section 475 of the Social 
     Security Act (42 U.S.C. 675) is amended by adding at the end 
     the following:
       ``(8)(A) Subject to subparagraph (B), the term `child' 
     means an individual who has not attained 18 years of age.
       ``(B) At the option of a State, the term shall include an 
     individual--
       ``(i)(I) who is in foster care under the responsibility of 
     the State;
       ``(II) with respect to whom an adoption assistance 
     agreement is in effect under section

[[Page H5923]]

     473 if the child had attained 16 years of age before the 
     agreement became effective; or
       ``(III) with respect to whom a kinship guardianship 
     assistance agreement is in effect under section 473(d) if the 
     child had attained 16 years of age before the agreement 
     became effective;
       ``(ii) who has attained 18 years of age;
       ``(iii) who has not attained 19, 20, or 21 years of age, as 
     the State may elect; and
       ``(iv) who is--
       ``(I) completing secondary education or a program leading 
     to an equivalent credential;
       ``(II) enrolled in an institution which provides post-
     secondary or vocational education;
       ``(III) participating in a program or activity designed to 
     promote, or remove barriers to, employment; or
       ``(IV) employed for at least 80 hours per month.''.
       (b) Conforming Amendment to Definition of Child-Care 
     Institution.--Section 472(c)(2) of such Act (42 U.S.C. 
     672(c)(2)) is amended by inserting ``, except, in the case of 
     a child who has attained 18 years of age, the term shall 
     include a supervised setting in which the individual is 
     living independently, in accordance with such conditions as 
     the Secretary shall establish in regulations'' before the 
     period.
       (c) Conforming Amendments to Age Limits Applicable to 
     Children Eligible for Adoption Assistance or Kinship 
     Guardianship Assistance.--Section 473(a)(4) of such Act (42 
     U.S.C. 673(a)(4)) is amended to read as follows:
       ``(4)(A) Notwithstanding any other provision of this 
     section, a payment may not be made pursuant to this section 
     to parents or relative guardians with respect to a child--
       ``(i) who has attained--
       ``(I) 18 years of age, or such greater age as the State may 
     elect under section 475(8)(B)(iii); or
       ``(II) 21 years of age, if the State determines that the 
     child has a mental or physical handicap which warrants the 
     continuation of assistance;
       ``(ii) who has not attained 18 years of age, if the State 
     determines that the parents or relative guardians, as the 
     case may be, are no longer legally responsible for the 
     support of the child; or
       ``(iii) if the State determines that the child is no longer 
     receiving any support from the parents or relative guardians, 
     as the case may be.
       ``(B) Parents or relative guardians who have been receiving 
     adoption assistance payments or kinship guardianship 
     assistance payments under this section shall keep the State 
     or local agency administering the program under this section 
     informed of circumstances which would, pursuant to this 
     subsection, make them ineligible for the payments, or 
     eligible for the payments in a different amount.''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2010.

     SEC. 6. SHORT-TERM TRAINING FOR CHILD WELFARE AGENCIES, 
                   PROSPECTIVE RELATIVE GUARDIANS, AND COURT 
                   PERSONNEL.

       (a) In General.--Section 474(a)(3)(B) of the Social 
     Security Act (42 U.S.C. 674(a)(3)(B)) is amended--
       (1) by inserting ``or relative guardians'' after ``adoptive 
     parents'';
       (2) by striking ``and the members'' and inserting ``, the 
     members'';
       (3) by inserting ``, or State-licensed or State-approved 
     child welfare agencies providing services,'' after 
     ``providing care'';
       (4) by inserting ``, and members of the staff of abuse and 
     neglect courts, agency attorneys, attorneys representing 
     children or parents, guardians ad litem, or other court-
     appointed special advocates representing children in 
     proceedings of such courts'' after ``part,'';
       (5) by inserting ``guardians,'' before ``staff members,''; 
     and
       (6) by striking ``and institutions'' and inserting 
     ``institutions, attorneys, and advocates''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2008.
       (c) Phase-in.--With respect to an expenditure described in 
     section 474(a)(3)(B) of the Social Security Act by reason of 
     an amendment made by subsection (a) of this section, in lieu 
     of the percentage set forth in such section 474(a)(3)(B), the 
     percentage that shall apply is--
       (1) 55 percent, if the expenditure is made in fiscal year 
     2009;
       (2) 60 percent, if the expenditure is made in fiscal year 
     2010;
       (3) 65 percent, if the expenditure is made in fiscal year 
     2011; or
       (4) 70 percent, if the expenditure is made in fiscal year 
     2012.

     SEC. 7. EQUITABLE ACCESS FOR FOSTER CARE AND ADOPTION 
                   SERVICES FOR INDIAN CHILDREN IN TRIBAL AREAS.

       (a) Authority for Indian Tribes To Receive Direct Federal 
     Title Iv-E Funds.--Section 472(a)(2)(B) of the Social 
     Security Act (42 U.S.C. 672(a)(2)(B)) is amended--
       (1) in clause (i), by striking ``or'' at the end;
       (2) in clause (ii), by striking ``and'' at the end and 
     inserting ``or''; and
       (3) by adding at the end the following:
       ``(iii) an Indian tribe or a tribal organization (as 
     defined in section 479B(a)) or a tribal consortium, if the 
     Indian tribe, tribal organization, or tribal consortium--

       ``(I) operates a program under section 479B;
       ``(II) has a cooperative agreement with a State under 
     section 479B(d); or
       ``(III) submits to the Secretary a description of the 
     arrangements (jointly developed in consultation with the 
     State) made by the Indian tribe or tribal consortium for the 
     payment of funds and the provision of the child welfare 
     services and protections required by this title; and''.

       (b) Programs Operated by Indian Tribal Organizations.--Part 
     E of title IV of such Act (42 U.S.C. 670 et seq.) is amended 
     by adding at the end the following:

     ``SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL 
                   ORGANIZATIONS.

       ``(a) Definitions of Indian Tribe; Tribal Organizations.--
     In this section:
       ``(1) In general.--Except as provided in paragraph (2), the 
     terms `Indian tribe' and `tribal organization' have the 
     meanings given those terms in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       ``(2) Special rule for alaskan tribes.--The term `Indian 
     tribe' means, with respect to the State of Alaska, only the 
     Metlakatla Indian Community of the Annette Islands Reserve 
     and the following Alaska Native regional nonprofit 
     corporations:
       ``(A) Artice Slope Native Association.
       ``(B) Kawerak, Inc.
       ``(C) Maniilaq Association.
       ``(D) Association of Village Council Presidents.
       ``(E) Tanana Chiefs Conference.
       ``(F) Cook Inlet Tribal Council.
       ``(G) Bristol Bay Native Association.
       ``(H) Aleutian and Pribilof Island Association.
       ``(I) Chugachmuit.
       ``(J) Tlingit Haida Central Council.
       ``(K) Kodiak Area Native Association.
       ``(L) Copper River Native Association.
       ``(b) Application.--Except as provided in subsections (c) 
     and (e), this part shall apply to an Indian tribe, tribal 
     organization, or a tribal consortium that elects to operate a 
     program under this part in the same manner as this part 
     applies to a State.
       ``(c) Modification of Plan and Other Requirements.--
       ``(1) In general.--In the case of an Indian tribe, a tribal 
     organization, or a tribal consortium submitting a plan for 
     approval under section 471, the plan--
       ``(A) shall--
       ``(i) in lieu of the requirements of section 471(a)(3), 
     identify the service area or areas and population to be 
     served by the Indian tribe, tribal organization, or tribal 
     consortium; and
       ``(ii) in lieu of the requirements of section 471(a)(10), 
     provide for the establishment and application of standards 
     for foster family homes and child care institutions pursuant 
     to tribal standards and in a manner that ensures the safety 
     of, and accountability for, children placed in foster care; 
     and
       ``(B) may, at the option of the Indian tribe, tribal 
     organization, or tribal consortium, in lieu of the 
     requirements of section 471(a)(20), provide procedures for 
     conducting background checks in accordance with the 
     requirements of section 408 of the Indian Child Protection 
     and Family Violence Prevention Act (25 U.S.C. 3207) and 
     regulations issued thereunder, and for conducting checks of 
     child abuse and neglect registries maintained by the Federal 
     Government, by a State, and by an Indian tribe, tribal 
     organization, or tribal consortium in a manner that ensures 
     the safety of, and accountability for, children placed in 
     foster care or who are being placed for adoption.
       ``(2) Determination of federal share; sources of non-
     federal share.--
       ``(A) Per capita income.--
       ``(i) In general.--For purposes of determining the Federal 
     medical assistance percentage applicable to an Indian tribe, 
     a tribal organization, or a tribal consortium under 
     paragraphs (1) and (2) of section 474(a) (and for purposes of 
     payments made under an arrangement described in section 
     472(a)(2)(B)(iii)(III)), the calculation of the per capita 
     income of the Indian tribe, tribal organization, or tribal 
     consortium shall be based upon the service population of the 
     Indian tribe, tribal organization, or tribal consortium as 
     defined in the plan of the Indian tribe, tribal organization, 
     or tribal consortium, in accordance with paragraph (1)(A), 
     except that in no case shall an Indian tribe, a tribal 
     organization, or a tribal consortium receive less than the 
     Federal medical assistance percentage for any State in which 
     the tribe is located.
       ``(ii) Consideration of other information.--Before making a 
     calculation under clause (i), the Secretary shall consider 
     any information submitted by an Indian tribe, a tribal 
     organization, or a tribal consortium that the Indian tribe, 
     tribal organization, or tribal consortium considers relevant 
     to making the calculation of the per capita income of the 
     Indian tribe, tribal organization, or tribal consortium.
       ``(B) Administrative, training, and data collection 
     expenditures.--The Secretary shall, by regulation, determine 
     the proportions to be paid to Indian tribes, tribal 
     organizations, and tribal consortiums pursuant to section 
     474(a)(3) for purposes of this section (and for purposes of 
     payments made under an arrangement described in section 
     472(a)(2)(B)(iii)(III)), except that in no case shall an 
     Indian tribe, a tribal organization, or a tribal consortium 
     receive a lesser proportion than the corresponding amount 
     specified for a State in that section.
       ``(C) Sources of non-federal share.--An Indian tribe, 
     tribal organization, or tribal consortium may use Federal, 
     State, tribal,

[[Page H5924]]

     or private funds, which may be in kind, fairly evaluated, 
     including plant, equipment, administration, and services, to 
     match payments for which the tribe, organization, or 
     consortium is eligible under section 474.
       ``(3) Modification of other requirements.--On the request 
     of an Indian tribe, tribal organization, or a tribal 
     consortium, the Secretary may modify any requirement under 
     this part if, after consulting with the Indian tribe, tribal 
     organization, or tribal consortium, the Secretary determines 
     that modification of the requirement would advance the best 
     interests and the safety of children served by the Indian 
     tribe, tribal organization, or tribal consortium.
       ``(4) Consortium.--The participating Indian tribes or 
     tribal organizations of a tribal consortium may develop and 
     submit a single plan under section 471 that meets the 
     requirements of this section.
       ``(d) Cooperative Agreements.--
       ``(1) In general.--An Indian tribe, a tribal organization, 
     or a tribal consortium and a State may enter into a 
     cooperative agreement for the administration or payment of 
     funds under this part.
       ``(2) Application and enforcement of incorporated 
     provisions of this section.--If an Indian tribe, a tribal 
     organization, or a tribal consortium and a State enter into a 
     cooperative agreement that incorporates any of the provisions 
     of this section, those provisions shall be valid and 
     enforceable.
       ``(3) Prior agreements in effect.--Any cooperative 
     agreement described in paragraph (1) that is in effect as of 
     the date of enactment of this section, shall remain in full 
     force and effect subject to the right of either party to the 
     agreement to revoke or modify the agreement pursuant to the 
     terms of the agreement.
       ``(e) John H. Chafee Foster Care Independence Program.--
     Except as provided in section 477(j), subsection (b) of this 
     section shall not apply with respect to the John H. Chafee 
     Foster Care Independence Program established under section 
     477 (or with respect to payments made under section 474(a)(4) 
     or grants made under section 474(e)).''.
       (c) Application of Federal Matching Rate That Would Apply 
     to Indian Tribes, Tribal Organizations, or Tribal Consortia 
     to Expenditures Under State Agreements or an Agreement With 
     the Secretary.--
       (1) Foster care maintenance and adoption assistance 
     payments.--Paragraphs (1) and (2) of section 474(a) of such 
     Act (42 U.S.C. 674(a)) are each amended by inserting ``(or, 
     with respect to such payments made during such quarter under 
     an agreement entered into by the State and an Indian tribe, 
     tribal organization, or tribal consortium, or under an 
     arrangement described in section 472(a)(2)(B)(iii)(III), an 
     amount equal to the Federal medical assistance percentage 
     that would apply under subsection (c)(2)(A) of section 479B 
     (in this paragraph referred to as the `tribal FMAP') if such 
     Indian tribe, tribal organization, or tribal consortium made 
     such payments under a program operated under that section, 
     unless the tribal FMAP is less than the Federal medical 
     assistance percentage that applies to the State)'' before the 
     semicolon.
       (2) Administrative expenditures.--Section 474(a)(3) of such 
     Act (42 U.S.C. 674(a)(3)) is amended--
       (A) in the matter preceding subparagraph (A), by striking 
     ``section 472(i)'' and inserting ``subparagraph (E) and 
     section 472(i)'';
       (B) in subparagraph (D), by striking ``and'' at the end;
       (C) by redesignating subparagraph (E) as subparagraph (F); 
     and
       (D) by inserting after subparagraph (D) the following:
       ``(E) in the case of a State that has entered into an 
     agreement with an Indian tribe, tribal organization, or 
     tribal consortium (or an Indian tribe, tribal organization, 
     or tribal consortium with an arrangement described in section 
     472(a)(2)(B)(iii)(III)), an amount equal to the proportions 
     that would be paid to such tribe, organization, or consortium 
     pursuant to regulations issued under section 479B(c)(2)(B) if 
     the tribe, organization, or consortium operated a program 
     under that section; and''.
       (d) Hold Harmless for Indian Families Receiving Foster Care 
     Maintenance Payments or Adoption Assistance.--Nothing in the 
     amendments made by this Act shall be construed as 
     authorization to terminate funding to any Indian or Indian 
     family currently receiving foster care maintenance payments 
     or adoption assistance on behalf of a child and for which the 
     State receives Federal matching payments under paragraph (1) 
     or (2) of section 474(a) of the Social Security Act, 
     regardless of whether a cooperative agreement between the 
     State and an Indian tribe, tribal organization, or tribal 
     consortium is in effect pursuant to subsection (d) of section 
     479B(d) of such Act, or an Indian tribe, tribal organization, 
     or tribal consortium elects to operate a foster care and 
     adoption assistance program directly under such section 479B.
       (e) Nonapplication of Certain Eligibility Requirements for 
     Indian Children.--Section 472(a) of such Act (42 U.S.C. 
     672(a)) is amended by adding at the end the following:
       ``(5) Nonapplication of certain requirements for indian 
     children.--In the case of an Indian tribe, tribal 
     organization, or tribal consortium that assumes 
     responsibility for administering the program under this part 
     through a cooperative agreement with the State under section 
     479B(d), or that elects to operate a foster care and adoption 
     assistance program directly under section 479B, the following 
     rules shall apply:
       ``(A) Use of affidavits, etc.--The requirement in paragraph 
     (1) shall not be interpreted so as to prohibit the use of 
     affidavits or nunc pro tunc orders as verification documents 
     in support of the reasonable efforts and contrary to the 
     welfare of the child judicial determinations required under 
     such paragraph.
       ``(B) Residency requirement imposed under afdc state 
     plan.--Notwithstanding paragraph (3)(A), any residency 
     requirement imposed under the State plan referred to in such 
     paragraph shall not apply with respect to a child for whom an 
     Indian tribe, tribal organization, or tribal consortium 
     assumes responsibility.''.
       (f) Authority To Receive Portion of State Allotment as Part 
     of an Agreement To Operate the John H. Chafee Foster Care 
     Independence Program.--
       (1) In general.--Section 477 of such Act (42 U.S.C. 677) is 
     amended by adding at the end the following:
       ``(j) Authority for an Indian Tribe, Tribal Organization, 
     or Tribal Consortium To Receive an Allotment.--
       ``(1) In general.--An Indian tribe, tribal organization, or 
     tribal consortium with a plan approved under section 479B, 
     which is receiving funding to provide foster care under this 
     part pursuant to a cooperative agreement with a State, or 
     that provides child welfare services and protections in 
     accordance with an arrangement submitted to the Secretary 
     under section 472(a)(2)(B)(iii)(III), may apply for an 
     allotment out of any funds authorized by paragraph (1) or (2) 
     (or both) of subsection (h) of this section.
       ``(2) Application.--An Indian tribe, tribal organization, 
     or tribal consortium desiring an allotment under paragraph 
     (1) shall submit an application to the Secretary to directly 
     receive such allotment that includes a plan that satisfies 
     such requirements of paragraphs (2) and (3) of subsection (b) 
     as the Secretary determines are appropriate.
       ``(3) Payments.--The Secretary shall pay an Indian tribe, 
     tribal organization, or tribal consortium with an application 
     and plan approved under this subsection from the allotment 
     determined for the tribe, organization, or consortium under 
     paragraph (4) of this subsection in the same manner as is 
     provided in section 474(a)(4) (and, where requested, and if 
     funds are appropriated, section 474(e)) with respect to a 
     State, or in such other manner as is determined appropriate 
     by the Secretary, except that in no case shall an Indian 
     tribe, a tribal organization, or a tribal consortium receive 
     a lesser proportion of such funds than a State is authorized 
     to receive under those sections.
       ``(4) Allotment.--From the amounts allotted to a State 
     under subsection (c) of this section for a fiscal year, the 
     Secretary shall allot to each Indian tribe, tribal 
     organization, or tribal consortium with an application and 
     plan approved under this subsection for that fiscal year an 
     amount equal to the tribal foster care ratio determined under 
     paragraph (5) of this subsection for the tribe, organization, 
     or consortium multiplied by the allotment amount of the State 
     within which the tribe, organization, or consortium is 
     located. The allotment determined under this paragraph is 
     deemed to be a part of the allotment determined under section 
     477(c) for the State in which the Indian tribal organization 
     or tribal consortium is located.
       ``(5) Tribal foster care ratio.--For purposes of paragraph 
     (4), the tribal foster care ratio means, with respect to an 
     Indian tribe, tribal organization, or tribal consortium, the 
     ratio of--
       ``(A) the number of children in foster care under the 
     responsibility of the Indian tribe, tribal organization, or 
     tribal consortium (either directly or under supervision of 
     the State), in the most recent fiscal year for which the 
     information is available; to
       ``(B) the sum of--
       ``(i) the total number of children in foster care under the 
     responsibility of the State within which the Indian tribe, 
     tribal organization, or tribal consortium is located; and
       ``(ii) the total number of children in foster care under 
     the responsibility of all Indian tribes, tribal 
     organizations, or tribal consortia (either directly or under 
     supervision of the State).''.
       (2) Authority to receive portion of state allotment as part 
     of a cooperative agreement entered into with respect to the 
     chafee program.--Section 477(b)(3)(G) of such Act (42 U.S.C. 
     677(b)(3)(G)) is amended--
       (A) by striking ``and that'' and inserting ``that''; and
       (B) by striking the period and inserting ``; and that each 
     Indian tribe, tribal organization, or tribal consortium in 
     the State that does not receive an allotment under subsection 
     (j)(4) for a fiscal year may enter into a cooperative 
     agreement or contract with the State to administer, 
     supervise, or oversee the programs to be carried out under 
     the plan with respect to the Indian children who are eligible 
     for such programs and who are under the authority of the 
     Indian tribe and to receive from the State an appropriate 
     portion of the State allotment under subsection (c) for the 
     cost of such administration, supervision, or oversight.''.
       (g) Rule of Construction.--Nothing in the amendments made 
     by this Act shall be construed as affecting the 
     responsibility of a State--
       (1) as part of the plan approved under section 471 of the 
     Social Security Act (42 U.S.C.

[[Page H5925]]

     671), to provide foster care maintenance payments and 
     adoption assistance for Indian children who are eligible for 
     such payments or assistance and who are not otherwise being 
     served by an Indian tribe, tribal organization, or tribal 
     consortium pursuant to a foster care and adoption assistance 
     program operated under section 479B of such Act; or
       (2) as part of the plan approved under section 477 of such 
     Act (42 U.S.C. 677) to administer, supervise, or oversee 
     programs carried out under that plan on behalf of Indian 
     children who are eligible for such programs if such children 
     are not otherwise being served by an Indian tribe, tribal 
     organization, or tribal consortium pursuant to an approved 
     plan under section 477(j) or a cooperative agreement or 
     contract entered into under section 477(b)(3)(G) of such Act.
       (h) Regulations.--Not later than 1 year after the date of 
     enactment of this section, the Secretary, in consultation 
     with Indian tribes, tribal organizations, tribal consortia, 
     and affected States, shall promulgate regulations to carry 
     out the amendments made by this section.
       (i) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2010.

     SEC. 8. HEALTH OVERSIGHT AND COORDINATION PLAN.

       Section 422(b)(15) of the Social Security Act (42 U.S.C. 
     622(b)(15)) is amended to read as follows:
       ``(15)(A) provides that the State will develop, in 
     coordination and collaboration with the State agency referred 
     to in paragraph (1) and the State agency responsible for 
     administering the State plan approved under title XIX, and in 
     consultation with pediatricians, other experts in health 
     care, and experts in and recipients of child welfare 
     services, a plan for the ongoing oversight and coordination 
     of health care services for any child in a foster care 
     placement, which shall ensure a coordinated strategy to 
     identify and respond to the health care needs of children in 
     foster care placements, including mental health and dental 
     health needs, and shall include an outline of--
       ``(i) a schedule for initial and follow-up health 
     screenings that meet reasonable standards of medical 
     practice;
       ``(ii) how health needs identified through screenings will 
     be monitored and treated;
       ``(iii) how medical information for children in care will 
     be updated and appropriately shared, which may include the 
     development and implementation of an electronic health 
     record;
       ``(iv) steps to ensure continuity of health care services, 
     which may include the establishment of a medical home for 
     every child in care;
       ``(v) the oversight of prescription medicines; and
       ``(vi) how the State actively consults with and involves 
     physicians or other appropriate medical professionals in 
     assessing the health and well-being of children in foster 
     care and in determining appropriate medical treatment for the 
     children; and
       ``(B) subparagraph (A) shall not be construed to reduce or 
     limit the responsibility of the State agency responsible for 
     administering the State plan approved under title XIX to 
     administer and provide care and services for children with 
     respect to whom services are provided under the State plan 
     developed pursuant to this subpart;''.

     SEC. 9. EDUCATIONAL STABILITY.

       (a) In General.--Section 475 of the Social Security Act (42 
     U.S.C. 675), as amended by section 2(c)(4) of this Act, is 
     amended--
       (1) in paragraph (1)--
       (A) in subparagraph (C), by striking clause (iv) and 
     redesignating clauses (v) through (viii) as clauses (iv) 
     through (vii), respectively; and
       (B) by adding at the end the following:
       ``(G) A plan for ensuring the educational stability of the 
     child while in foster care, including--
       ``(i) assurances that the placement of the child in foster 
     care takes into account the appropriateness of the current 
     educational setting and the proximity to the school in which 
     the child is enrolled at the time of placement; and
       ``(ii)(I) an assurance that the State agency has 
     coordinated with appropriate local educational agencies (as 
     defined under section 9101 of the Elementary and Secondary 
     Education Act of 1965) to ensure that the child remains in 
     the school in which the child is enrolled at the time of 
     placement; or
       ``(II) if remaining in such school is not in the best 
     interests of the child, assurances by the State agency and 
     the local educational agencies to provide immediate and 
     appropriate enrollment in a new school, with all of the 
     educational records of the child provided to the school.''; 
     and
       (2) in the 1st sentence of paragraph (4)(A)--
       (A) by striking ``and reasonable'' and inserting 
     ``reasonable''; and
       (B) by inserting ``, and reasonable travel for the child to 
     remain in the school in which the child is enrolled at the 
     time of placement'' before the period.
       (b) Educational Attendance Requirement.--Section 471(a) of 
     the Social Security Act (42 U.S.C. 671(a)), as amended by 
     sections 2(a) and 4 of this Act, is amended--
       (1) by striking ``and'' at the end of paragraph (28);
       (2) by striking the period at the end of paragraph (29) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(30) provides assurances that each child who has attained 
     the minimum age for compulsory school attendance under State 
     law and with respect to whom there is eligibility for a 
     payment under the State plan is a full-time elementary or 
     secondary school student or has completed secondary school, 
     and for purposes of this paragraph, the term `elementary or 
     secondary school student' means, with respect to a child, 
     that the child is--
       ``(A) enrolled (or in the process of enrolling) in an 
     institution which provides elementary or secondary education, 
     as determined under the law of the State or other 
     jurisdiction in which the institution is located;
       ``(B) instructed in elementary or secondary education at 
     home in accordance with a home school law of the State or 
     other jurisdiction in which the home is located;
       ``(C) in an independent study elementary or secondary 
     education program in accordance with the law of the State or 
     other jurisdiction in which the program is located, which is 
     administered by the local school or school district; or
       ``(D) incapable of attending school on a full-time basis 
     due to the medical condition of the child, which incapability 
     is supported by regularly updated information included in the 
     case plan of the child.''.

     SEC. 10. SIBLING PLACEMENT.

       Section 471(a) of the Social Security Act (42 U.S.C. 
     671(a)), as amended by sections 2(a), 4, and 9(b) of this 
     Act, is amended--
       (1) by striking ``and'' at the end of paragraph (29);
       (2) by striking the period at the end of paragraph (30) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(31) provides that reasonable efforts shall be made to 
     place siblings removed from their home in the same foster 
     care, kinship guardianship, or adoptive placement unless the 
     State documents that such a joint placement would be contrary 
     to the safety or well-being of any of the siblings.''.

     SEC. 11. ADOPTION INCENTIVES PROGRAM.

       (a) 5-Year Extension.--Section 473A of the Social Security 
     Act (42 U.S.C. 673b) is amended--
       (1) in subsection (b)(4), by striking ``in the case of 
     fiscal years 2001 through 2007,'';
       (2) in subsection (b)(5), by striking ``1998 through 2007'' 
     and inserting ``2008 through 2012'';
       (3) in subsection (c)(2), by striking ``each of fiscal 
     years 2002 through 2007'' and inserting ``a fiscal year''; 
     and
       (4) in each of subsections (h)(1)(D), and (h)(2), by 
     striking ``2008'' and inserting ``2013''.
       (b) Updating of Fiscal Year Used in Determining Base 
     Numbers of Adoptions.--Section 473A(g) of such Act (42 U.S.C. 
     673b(g)) is amended--
       (1) in paragraph (3), by striking ``means'' and all that 
     follows and inserting ``means, with respect to any fiscal 
     year, the number of foster child adoptions in the State in 
     fiscal year 2007.'';
       (2) in paragraph (4)--
       (A) by inserting ``that are not older child adoptions'' 
     before ``for a State''; and
       (B) by striking ``means'' and all that follows and 
     inserting ``means, with respect to any fiscal year, the 
     number of special needs adoptions that are not older child 
     adoptions in the State in fiscal year 2007.''; and
       (3) in paragraph (5), by striking ``means'' and all that 
     follows and inserting ``means, with respect to any fiscal 
     year, the number of older child adoptions in the State in 
     fiscal year 2007.''.
       (c) Increase in Incentive Payments for Special Needs 
     Adoptions and Older Child Adoptions.--Section 473A(d)(1) of 
     such Act (42 U.S.C. 673b(d)(1)) is amended--
       (1) in subparagraph (B), by striking ``$2,000'' and 
     inserting ``$4,000''; and
       (2) in subparagraph (C), by striking ``$4,000'' and 
     inserting ``$8,000''.
       (d) 24-Month Availability of Payments to States.--Section 
     473A(e) of such Act (42 U.S.C. 673b(e)) is amended--
       (1) in the heading, by striking ``2-year'' and inserting 
     ``24-month''; and
       (2) by striking ``through the end of the succeeding fiscal 
     year'' and inserting ``for the 24-month period beginning with 
     the month in which the payments are made''.

     SEC. 12. INFORMATION ON ADOPTION TAX CREDIT.

       Section 471(a) of the Social Security Act (42 U.S.C. 
     671(a)), as amended by sections 2(a), 4, 9(b), and 10 of this 
     Act, is amended--
       (1) by striking ``and'' at the end of paragraph (30);
       (2) by striking the period at the end of paragraph (31) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(32) provides that the State will inform any individual 
     who is adopting, or whom the State is made aware is 
     considering adopting, a child who is in foster care under the 
     responsibility of the State of the potential eligibility of 
     the individual for a Federal tax credit under section 23 of 
     the Internal Revenue Code.''.

     SEC. 13. MODIFICATION OF FOSTER CARE MATCHING RATE FOR THE 
                   DISTRICT OF COLUMBIA TO CONFORM WITH MEDICAID 
                   MATCHING RATE.

       Section 474(a) of the Social Security Act (42 U.S.C. 
     674(a)) is amended in each of paragraphs (1) and (2) by 
     striking ``(as defined in section 1905(b) of this Act)'' and 
     inserting ``(which shall be as defined in section 1905(b), in 
     the case of a State other than the District of Columbia, or 
     70 percent, in the case of the District of Columbia)''.

     SEC. 14. COLLECTION OF UNEMPLOYMENT COMPENSATION DEBTS 
                   RESULTING FROM FRAUD.

       (a) In General.--Section 6402 of the Internal Revenue Code 
     (relating to authority to

[[Page H5926]]

     make credits or refunds) is amended by redesignating 
     subsections (f) through (k) as subsections (g) through (l), 
     respectively, and by inserting after subsection (e) the 
     following new subsection:
       ``(f) Collection of Unemployment Compensation Debts 
     Resulting From Fraud.--
       ``(1) In general.--Upon receiving notice from any State 
     that a named person owes a covered unemployment compensation 
     debt to such State, the Secretary shall, under such 
     conditions as may be prescribed by the Secretary--
       ``(A) reduce the amount of any overpayment payable to such 
     person by the amount of such covered unemployment 
     compensation debt;
       ``(B) pay the amount by which such overpayment is reduced 
     under subparagraph (A) to such State and notify such State of 
     such person's name, taxpayer identification number, address, 
     and the amount collected; and
       ``(C) notify the person making such overpayment that the 
     overpayment has been reduced by an amount necessary to 
     satisfy a covered unemployment compensation debt.

     If an offset is made pursuant to a joint return, the notice 
     under subparagraph (B) shall include the names, taxpayer 
     identification numbers, and addresses of each person filing 
     such return and the notice under subparagraph (C) shall 
     include information related to the rights of a spouse of a 
     person subject to such an offset.
       ``(2) Priorities for offset.--Any overpayment by a person 
     shall be reduced pursuant to this subsection--
       ``(A) after such overpayment is reduced pursuant to--
       ``(i) subsection (a) with respect to any liability for any 
     internal revenue tax on the part of the person who made the 
     overpayment;
       ``(ii) subsection (c) with respect to past-due support; and
       ``(iii) subsection (d) with respect to any past-due, 
     legally enforceable debt owed to a Federal agency; and
       ``(B) before such overpayment is credited to the future 
     liability for any Federal internal revenue tax of such person 
     pursuant to subsection (b).

     If the Secretary receives notice from a State or States of 
     more than one debt subject to paragraph (1) or subsection (e) 
     that is owed by a person to such State or States, any 
     overpayment by such person shall be applied against such 
     debts in the order in which such debts accrued.
       ``(3) Notice; consideration of evidence.--No State may take 
     action under this subsection until such State--
       ``(A) notifies the person owing the covered unemployment 
     compensation debt that the State proposes to take action 
     pursuant to this section;
       ``(B) provides such person at least 60 days to present 
     evidence that all or part of such liability is not legally 
     enforceable or due to fraud;
       ``(C) considers any evidence presented by such person and 
     determines that an amount of such debt is legally enforceable 
     and due to fraud; and
       ``(D) satisfies such other conditions as the Secretary may 
     prescribe to ensure that the determination made under 
     subparagraph (C) is valid and that the State has made 
     reasonable efforts to obtain payment of such covered 
     unemployment compensation debt.
       ``(4) Covered unemployment compensation debt.--For purposes 
     of this subsection, the term `covered unemployment 
     compensation debt' means--
       ``(A) a past-due debt for erroneous payment of unemployment 
     compensation due to fraud which has become final under the 
     law of a State certified by the Secretary of Labor pursuant 
     to section 3304 and which remains uncollected;
       ``(B) contributions due to the unemployment fund of a State 
     for which the State has determined the person to be liable 
     due to fraud; and
       ``(C) any penalties and interest assessed on such debt.
       ``(5) Regulations.--
       ``(A) In general.--The Secretary may issue regulations 
     prescribing the time and manner in which States must submit 
     notices of covered unemployment compensation debt and the 
     necessary information that must be contained in or accompany 
     such notices. The regulations may specify the minimum amount 
     of debt to which the reduction procedure established by 
     paragraph (1) may be applied.
       ``(B) Fee payable to secretary.--The regulations may 
     require States to pay a fee to the Secretary, which may be 
     deducted from amounts collected, to reimburse the Secretary 
     for the cost of applying such procedure. Any fee paid to the 
     Secretary pursuant to the preceding sentence shall be used to 
     reimburse appropriations which bore all or part of the cost 
     of applying such procedure.
       ``(C) Submission of notices through secretary of labor.--
     The regulations may include a requirement that States submit 
     notices of covered unemployment compensation debt to the 
     Secretary via the Secretary of Labor in accordance with 
     procedures established by the Secretary of Labor. Such 
     procedures may require States to pay a fee to the Secretary 
     of Labor to reimburse the Secretary of Labor for the costs of 
     applying this subsection. Any such fee shall be established 
     in consultation with the Secretary of the Treasury. Any fee 
     paid to the Secretary of Labor may be deducted from amounts 
     collected and shall be used to reimburse the appropriation 
     account which bore all or part of the cost of applying this 
     subsection.
       ``(6) Erroneous payment to state.--Any State receiving 
     notice from the Secretary that an erroneous payment has been 
     made to such State under paragraph (1) shall pay promptly to 
     the Secretary, in accordance with such regulations as the 
     Secretary may prescribe, an amount equal to the amount of 
     such erroneous payment (without regard to whether any other 
     amounts payable to such State under such paragraph have been 
     paid to such State).''.
       (b) Disclosure of Certain Information to States Requesting 
     Refund Offsets for Legally Enforceable State Unemployment 
     Compensation Debt Resulting From Fraud.--
       (1) General rule.--Paragraph (3) of section 6103(a) of such 
     Code is amended by inserting ``(10),'' after ``(6),''.
       (2) Disclosure to department of labor and its agent.--
     Paragraph (10) of section 6103(l) of such Code is amended--
       (A) by striking ``(c), (d), or (e)'' each place it appears 
     in the heading and text and inserting ``(c), (d), (e), or 
     (f)'',
       (B) in subparagraph (A) by inserting ``, to officers and 
     employees of the Department of Labor and its agent for 
     purposes of facilitating the exchange of data in connection 
     with a request made under subsection (f)(5) of section 
     6402,'' after ``section 6402'', and
       (C) in subparagraph (B) by inserting ``, and any agents of 
     the Department of Labor,'' after ``agency'' the first place 
     it appears.
       (3) Safeguards.--Paragraph (4) of section 6103(p) of such 
     Code is amended--
       (A) in the matter preceding subparagraph (A), by striking 
     ``(l)(16),'' and inserting ``(l)(10), (16),'';
       (B) in subparagraph (F)(i), by striking ``(l)(16),'' and 
     inserting ``(l)(10), (16),''; and
       (C) in the matter following subparagraph (F)(iii)--
       (i) in each of the first two places it appears, by striking 
     ``(l)(16),'' and inserting ``(l)(10), (16),'';
       (ii) by inserting ``(10),'' after ``paragraph (6)(A),''; 
     and
       (iii) in each of the last two places it appears, by 
     striking ``(l)(16)'' and inserting ``(l)(10) or (16)''.
       (c) Expenditures From State Fund.--Section 3304(a)(4) of 
     such Code is amended--
       (1) in subparagraph (E), by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (F), by inserting ``and'' after the 
     semicolon; and
       (3) by adding at the end the following new subparagraph:
       ``(G) with respect to amounts of covered unemployment 
     compensation debt (as defined in section 6402(f)(4)) 
     collected under section 6402(f)--
       ``(i) amounts may be deducted to pay any fees authorized 
     under such section; and
       ``(ii) the penalties and interest described in section 
     6402(f)(4)(B) may be transferred to the appropriate State 
     fund into which the State would have deposited such amounts 
     had the person owing the debt paid such amounts directly to 
     the State;''.
       (d) Conforming Amendments.--
       (1) Subsection (a) of section 6402 of such Code is amended 
     by striking ``(c), (d), and (e),'' and inserting ``(c), (d), 
     (e), and (f)''.
       (2) Paragraph (2) of section 6402(d) of such Code is 
     amended by striking ``and before such overpayment is reduced 
     pursuant to subsection (e)'' and inserting ``and before such 
     overpayment is reduced pursuant to subsections (e) and (f)''.
       (3) Paragraph (3) of section 6402(e) of such Code is 
     amended in the last sentence by inserting ``or subsection 
     (f)'' after ``paragraph (1)''.
       (4) Subsection (g) of section 6402 of such Code, as 
     redesignated by subsection (a), is amended by striking ``(c), 
     (d), or (e)'' and inserting ``(c), (d), (e), or (f)''.
       (5) Subsection (i) of section 6402 of such Code, as 
     redesignated by subsection (a), is amended by striking 
     ``subsection (c) or (e)'' and inserting ``subsection (c), 
     (e), or (f)''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to refunds payable under section 6402 of the 
     Internal Revenue Code of 1986 on or after the date of 
     enactment of this Act.

     SEC. 15. INVESTMENT OF OPERATING CASH.

       Section 323 of title 31, United States Code, is amended to 
     read as follows:

     ``Sec. 323. Investment of operating cash

       ``(a) To manage United States cash, the Secretary of the 
     Treasury may invest any part of the operating cash of the 
     Treasury for not more than 90 days. The Secretary may invest 
     the operating cash of the Treasury in--
       ``(1) obligations of depositories maintaining Treasury tax 
     and loan accounts secured by pledged collateral acceptable to 
     the Secretary;
       ``(2) obligations of the United States Government; and
       ``(3) repurchase agreements with parties acceptable to the 
     Secretary.
       ``(b) Subsection (a) of this section does not require the 
     Secretary to invest a cash balance held in a particular 
     account.
       ``(c) The Secretary shall consider the prevailing market in 
     prescribing rates of interest for investments under 
     subsection (a)(1) of this section.
       ``(d)(1) The Secretary of the Treasury shall submit each 
     fiscal year to the appropriate committees a report detailing 
     the investment of operating cash under subsection (a) for the 
     preceding fiscal year. The report

[[Page H5927]]

     shall describe the Secretary's consideration of risks 
     associated with investments and the actions taken to manage 
     such risks.
       ``(2) For purposes of paragraph (1), the term `appropriate 
     committees' means the Committee on Ways and Means of the 
     House of Representatives and the Committee on Finance of the 
     Senate.''.

     SEC. 16. EFFECTIVE DATE.

       (a) In General.--Except as otherwise provided in this Act, 
     each amendment made by this Act to part B or E of title IV of 
     the Social Security Act shall take effect on the date of the 
     enactment of this Act, and shall apply to payments under the 
     part amended for quarters beginning on or after the effective 
     date of the amendment.
       (b) Delay Permitted if State Legislation Required.--In the 
     case of a State plan approved under part B or 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.

     SEC. 17. NO FEDERAL FUNDING TO UNLAWFULLY PRESENT 
                   INDIVIDUALS.

       Nothing in this Act shall be construed to alter 
     prohibitions on Federal payments to individuals who are 
     unlawfully present in the United States.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Washington (Mr. McDermott) and the gentleman from Illinois (Mr. Weller) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Washington.
  Mr. McDERMOTT. Mr. Speaker, we are here today on behalf of young 
people like Anthony Reeves, a former foster child in Georgia who wrote 
something that defines our call to action. ``Life is tough enough when 
transitioning out of care, but it's even tougher if you don't have the 
support that you need from people who care about you or if you don't 
have resources and skills packed along with the rest of our belongings 
as you are shown out the door.''
  Anthony's words should remind us that government, and ultimately 
society, acts as the legal guardian of foster children. These are our 
children, and the fact is we are failing too many of them.
  There is no shortage of problems to confronting foster care--
insufficient services for at-risk families, too few qualified case 
workers, and an outdated Federal eligibility standard, to name a few. 
We'll have to confront these issues in order to provide the 
comprehensive reform that is so urgently needed.
  Today we are focused on the shortcomings in the existing system that 
can disconnect foster children from the things they need most--family, 
support and school.
  Sometimes children have to be removed from their homes to protect 
them from abuse and neglect. That is a sad, but undeniable fact. But 
the foster system unnecessarily disrupts other connections to home, 
family and school for these vulnerable children at a time when they're 
most in need. One glaring example of this is when foster children are 
literally pushed out into the streets when they turn 18 years of age. 
No parent I know of severs all ties and abandons their kids at age 18, 
yet that is Federal policy for foster care. We displace them from their 
homes, support them, and then tell them to go it alone. Rather than 
provide a glide path to success, we subject foster children to a crash 
landing.
  Another example is the inconsistent effort to help foster children 
stay connected to family. Today, we deny grandparents assistance if 
they become the legal guardians to a foster child. This is contrary to 
the growing base of research illustrating that children do better 
living with relative guardians than they do living in traditional 
foster homes. Additionally, siblings are too often separated during 
foster care placement just when a foster child most needs a brother or 
a sister.
  Ensuring school stability is yet another area where we too often come 
up short. Not enough is done to ensure children that they can stay in 
their current schools when they are placed in foster care, thus 
depriving them of the one place where they may feel secure.
  We also hear too many stories about foster children not receiving 
adequate health care services, especially for mental health. 
Furthermore, we have a special duty to ensure that prescription 
medications foster children are receiving are effective and appropriate 
instead of quick and easy.
  And finally, we don't provide adequate assistance for Native American 
children who are removed from their homes and then cared for by tribal 
communities.
  For Anthony Reeves and every foster child, we can and must do better. 
And that is why we are here today. The Fostering Connections Success 
Act addresses many of these issues. The legislation would allow States 
to extend foster care assistance up to age 21, giving young men and 
women more time to get an education and become truly self-sufficient.
  Recognizing that many grandparents and other relatives want to 
provide loving, permanent homes for children in foster care, the bill 
would provide Federal payments to relatives who become legal guardians 
of children for whom they have cared for as foster parents.

                              {time}  1315

  It also requires improved efforts to keep siblings together when they 
are removed from their homes. The measure would require increased 
oversight of the health care needs of foster kids. And there is a 
renewed attention paid to ensuring educational stability for foster 
children in foster care, including avoiding frequent school changes.
  Additionally, the bill gives tribes equal and fair access to Federal 
resources dedicated to keeping vulnerable children safe. For the first 
time, tribal child welfare programs could directly receive Federal 
foster care financing. The legislation also provides new resources to 
ensure all child welfare workers have access to training, which 
ultimately results in better care for kids. And, finally, this bill 
extends and improves incentives for States that increase the number of 
children adopted out of the foster care system.
  The legislation includes two provisions outside of the foster care 
system which save money and thereby ensure that the bill is budget 
neutral. The first provision reduces Federal tax refunds for 
individuals who have fraudulently collected unemployment insurance. The 
same policy has already passed the House once. The second provision 
will allow the Treasury Department to improve the management of the 
government's short-term operating cash to achieve a better rate of 
return. While this bill doesn't do all that's needed, it does meet many 
of the critical challenges in our foster care system.
  We received a letter today from the American Academy of Pediatrics, 
representing 60,000 professionals, urging passage. The academy said: 
``Our Nation has a moral and legal obligation to provide the best 
possible care to these most vulnerable children.'' I couldn't agree 
more.
  The legislation is bipartisan, budget neutral, and good for children, 
and deserves every Member's support.
  Before I yield to my ranking member on the subcommittee and the co-
author of this bill, let me first thank him for his dedication to 
foster children and his willingness to find common ground. Jerry Weller 
has been a true partner in doing what is right for our most vulnerable 
children. He's retiring from Congress this year, and I can think of no 
better parting gift than passing a bipartisan bill he worked on to 
improve the lives of foster children.
  Mr. Speaker, I reserve the balance of my time.
  Mr. WELLER of Illinois. Mr. Speaker, I yield myself such time as I 
may consume.
  I rise in support of H.R. 6307, the Fostering Connections to Success 
Act. I also want to thank my chairman for his leadership and his 
dedicated example of working together in a bipartisan way to help 
vulnerable kids. This legislation, H.R. 6307, is an example of what we 
can accomplish when we work together. And, again, I want to thank 
Chairman McDermott for this opportunity to work together.
  This is bipartisan legislation, and it's a result of a series of 
hearings in which we heard about how youth are shortchanged in the 
current foster care system. For example, most foster youth

[[Page H5928]]

experience three to four placements while in care and some many more 
than that. Different homes often mean different schools, poor 
performance, repeated grades, and far too many ultimately dropping out 
before graduation. About one in four foster youth do not complete high 
school. In fact, many attend three to four different schools during 
their foster care experience, and even more don't complete school on 
the same timetable as their peers.
  To address such serious problems, this legislation steps up efforts 
to engage adult relatives in caring for children abused or neglected by 
their parents. My home State of Illinois has been at the forefront of 
efforts to support more care by adult relatives, like grandparents, 
adults, or cousins, rather than strangers in foster care. These efforts 
resulted in better outcomes for children, including more stability and 
safety, stronger attachments to school and community, and better long-
run prospects for young people. H.R. 6307 encourages more care by 
relatives nationwide.
  A former intern in my Washington office, Jamaal Nutall of Joliet, who 
testified before our subcommittee, was a product of the foster care 
system and whose life was turned around by being placed in the care of 
relatives. Jamaal lived what we all intuitively know to be sound 
policy. In most cases placement with a child's own family makes for the 
best environment for the child to grow and prosper.
  This legislation also will hold foster youth and the adults who care 
for them accountable for the type of responsible behavior any parent 
would expect and which will help them succeed in the long run. So for 
the first time, staying in high school through graduation will be a 
condition of receiving Federal foster care, relative guardian, or 
adoption payments. A similar new ``education, training, or work'' 
requirement will apply to young people over the age of 18 who receive 
continued Federal support.
  As a letter endorsing this policy from the Foster Care Alumni 
Association of America put it, ``Holding young people and families in 
the foster care system to this high standard is a statement from 
Congress that lowered expectations are not acceptable for those of us 
from foster care.''
  Mr. Speaker, I will insert a copy of the Foster Care Alumni 
Association's letter endorsing this legislation in the Record at this 
point, and I thank this fine organization and so many others for their 
help in assembling this bill.

                                                       Foster Care


                                            Alumni of America,

                                    Alexandria, VA, June 18, 2008.
     Hon. James McDermott, Chair,
     Hon. Jerry Weller, Ranking Member,
     Subcommittee on Income Security and Family Support, Ways and 
         Means Committee, House of Representatives, Washington, 
         DC.
       Dear Chairman McDermott and Representative Weller: We are 
     writing on behalf of the 12 million alumini of the foster 
     care system in the United States and the 1,400 members of 
     Foster Care Alumni of America (FCAA) to offer support for 
     ``The Fostering Connections to Success Act of 2008.'' We are 
     pleased with the thoughtful approach you have taken in this 
     legislation to assist children in foster care develop and 
     strengthen bonds to their families and communities. 
     Throughout your careers, you have been tireless advocates for 
     youth in high risk situations. This bill is a reflection of 
     your ongoing commitment to ensuring that all young people 
     have the opportunity to build successful futures through 
     access to affordable health care, a decent education, and the 
     chance to develop healthy, lifelong relationships with 
     family.
       As alumni of the foster care system we know that reforms of 
     all kinds are necessary to truly improve the child welfare 
     system. However, increasing opportunities among foster youth 
     to improve bonds with siblings, kin and their communities are 
     essential first steps. The ``Fostering Connections to Success 
     Act of 2008'' bill achieves these goals in a number of ways.
       First, through the new Family Connections Grant program and 
     additional requirements upon states, the bill provides 
     assurances that states will go to great lengths to keep 
     siblings together and pursue all possible kinship placements 
     before a child is placed into foster care. We especially 
     appreciate the provision which mandates that youth over the 
     age of 14 have a role in selecting placement options. As 
     alumni, we recognize the importance of providing youth with 
     some control over their fate in the system.
       Second, this bill requires states to develop a plan for the 
     oversight and coordination of health care services and 
     educational stability. This will vastly improve the access of 
     foster youth to both systems. Equally important, this bill 
     requires that the foster care system keep better, more 
     organized records of youth involvement with these systems. 
     Sadly, the inferior record-keeping of foster care systems, 
     and the lack of coordination among foster care, health care 
     and education provides as much of a barrier to young people 
     in care as the shoddy medical and educational services they 
     too often receive. This bill also encourages adults involved 
     in the lives of foster youth to help youth stay in school by 
     withholding foster care and adoption payments for children 
     under 18 who have not completed high school unless the child 
     is in school or home school full time, or is incapable of 
     attending school full time due to a medical condition. 
     Holding young people and families in the foster care system 
     to this high standard is a statement from Congress that 
     lowered expectations are not acceptable for those of us from 
     foster care.
       This bill extends Title IV-E eligibility for tribal youth. 
     We know that American Indian children have faced 
     disproportionately large consequences for their need to be 
     part of the child welfare system and we appreciate the 
     attention and commitment to bringing equal support to this 
     group.
       We are pleased with the provision in the bill to expand 
     options to train America's private sector child welfare 
     workforce. Our members who had positive experiences in foster 
     care often attribute this to the availability of a diligent, 
     competent social worker. These workers exist in both the 
     public and private agencies yet, federal reimbursement rates 
     for training them is not equitable. Conversely, our members 
     who suffered through very difficult experiences, all too 
     often recount having dealt with an overburdened social worker 
     who was ill-equipped to respond to even the most basic 
     request. Your bill acknowledges that social workers in both 
     private and public agencies with the right tools, training, 
     and time can make a positive impact in the lives of children 
     and families.
       Finally, the bill addresses the needs of older youth in 
     care in two important ways. The bill encourages states not to 
     give up on finding permanent, loving homes for older youth by 
     doubling the states' adoption incentive payment for older 
     youth. This legislation also offers states the option to 
     extend foster care to age 21. Here, you take seriously the 
     challenges of young people who are unable to achieve 
     permanency or to be prepared for total financial and 
     emotional emancipation by age 18. Over 24,000 of our brothers 
     and sisters in care age out of foster care at 18, entering 
     adulthood ill-prepared for independence in numerous ways. 
     States should be encouraged to extend foster care to 21 and 
     use this additional time wisely to provide concrete services 
     and training for older foster youth to support their 
     successful transition to independence.
       ``The Fostering Connections to Success Act of 2008'' places 
     the first step of child welfare reform where it rightly 
     belongs--with the very children and youth the system intends 
     to serve. As such, we are pleased to offer our support to 
     this thoughtful legislation. Thank you for all that you do to 
     improve the lives of America's children, youth and families. 
     Please feel free to contact us at Foster Care Alumni of 
     America to further discuss the urgent concerns of our 
     brothers and sisters in care.
           Respectfully,
     Nathan Monell,
       Chief Executive Officer.
     Misty Stenslie,
       Deputy Director.

  Other provisions in this bill track legislation I have spent 
literally years working to pass. One builds on my legislation to 
harmonize Federal reimbursement rates for training child welfare 
workers. This is critically important in States like Illinois that 
depend heavily on private child welfare workers, organizations such as 
Catholic Charities, Baby Fold, Lutheran Social Services, for example, 
who currently qualify for lower Federal training payments. We equalize 
that in this legislation.
  H.R. 6307 also would address concerns about child welfare services 
for Native American children. Our first Americans should be treated as 
full Americans, including in child welfare programs, as this 
legislation will accomplish. We hope this provision will translate into 
better care and better outcomes for young people in tribal areas, which 
I understand number almost 3,000 children in foster care on tribal 
lands. Clearly, the current system is not working for our first 
Americans. We want to right that wrong.
  Finally, this legislation reauthorizes and improves the current 
Adoption Incentives program, which has been a bipartisan success and 
expires this year. All sides agree on the need to extend and improve 
this important program.
  I am delighted to have worked with Chairman McDermott on this 
important legislation. This is a good bill. It's fully paid for by the 
inclusion of several anti-fraud provisions drawn from the President's 
budget, one of which the House has already passed unanimously.
  Misty Stenslie of the Foster Care Alumni Association noted in her 
testimony before our subcommittee that

[[Page H5929]]

Members of this body stand in the place where the parents of children 
in foster care belong. That is a serious responsibility, and this 
legislation accepts that responsibility and makes solid, bipartisan 
improvements to help children who today have too many challenges and 
not enough opportunities.
  I urge all Members to support this important legislation.
  Mr. Speaker, I reserve the balance of my time.


                             General Leave

  Mr. McDERMOTT. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on H.R. 6307.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  Mr. McDERMOTT. Mr. Speaker, I now yield 2 minutes to the gentleman 
from Tennessee (Mr. Cooper), not a member of the committee but a 
staunch advocate for foster kids.
  Mr. COOPER. I thank my friend Mr. McDermott for yielding.
  Mr. Speaker, I urge all of my colleagues to support this bill. It 
does great work to help our foster children nationwide. It's long 
overdue, many of these reforms, and, thankfully, it's paid for. As a 
Blue Dog, my colleagues know that I am focused on fiscal responsibility 
issues. So this bill does good not only for the foster kids, but also 
it does not injure our budget.
  I hope that people realize that while this bill is a very positive 
step, it is an incremental step. There is so much more that we need to 
do to improve our foster care and adoption system. My friend from 
Washington (Mr. McDermott) has a very comprehensive bill in this 
regard. We need to look at that. First we are going to have to figure 
out a way to pay for it. But investing in kids is an investment in our 
own future.
  In my opinion, the area of foster care is perhaps the most broken 
area of Federal law. So let's not use this small step we are taking 
today as a reason for inaction in the future. Let's use it as a 
stepping stone to bigger, better, bolder reforms that would help the 
half million children who are in government supervision today. There 
are 10,000 in Tennessee alone, and we're not doing justice by these 
children.
  Today's bill will help with kinship care and helping them get care 
when they have aged out of the system at 19, 20, 21, but there is so 
much more that we need to do.
  So I thank my friend the gentleman from Washington (Mr. McDermott) 
for his amazing leadership in this year. It's an accomplishment what we 
are doing today. I urge all Members to support it. But this is just the 
beginning.
  Mr. WELLER of Illinois. Mr. Speaker, it's a pleasure for me to yield 
to a distinguished member of the Ways and Means Committee, someone who 
has had a long-time interest in child welfare issues and a gentleman 
who has made a substantial contribution to this bipartisan legislation. 
I yield 6 minutes to the gentleman from Nevada (Mr. Porter).
  Mr. PORTER. Mr. Speaker, I would like to applaud Chairman McDermott 
and Ranking Member Weller for their leadership in bringing forward this 
major piece of legislation that will change so many lives across our 
country.
  We have a lot of challenges in our different communities, and one of 
the largest challenges is how we can help our foster children.
  Can you imagine a child sitting in a living room, maybe 5 or 6 years 
old or maybe 10 or 12 years old, sitting in a living room watching 
television or maybe playing a game. Two strangers come to the door, 
knock on the door, and say, ``You're now leaving. It's time for you to 
leave this family, and we're going to take you to a new family.'' Can 
you imagine the pain of that child? And in some cases it happens time 
and time again. Imagine two strangers showing up out of the blue to 
tell you that you have to move to another family.
  Also imagine if you are a child that goes from family to family that 
you may not have the right prescription for your glasses and your 
family may not know that you need glasses, or you may get numerous 
tetanus shots as you go from family to family.
  Mr. Speaker, these are some of the challenges that our foster kids 
are facing today in a system that is broken and needs our help and our 
assistance now more than ever, and we need to find creative ways to 
help these children and to help these families.
  I have two children. Each are in their twenties. And I can assure you 
that after the age of 18, they keep coming home. And they are more than 
welcome in my home, but as Chairman McDermott mentioned, there's a lot 
of children that don't have a home to go to after the age of 18. So in 
the Nevada State Senate, I passed legislation that I think has changed 
a few lives in Nevada. I found a creative way to help fund a program 
between the ages of 18 and 21 for those children that don't have a 
home. It provides for education. It provides for a place for them to 
live, for health care, and for training. And it's generating about 
$1\1/2\ million a year today to help these foster kids.
  I am proud to be a cosponsor of this legislation. And, again, I 
applaud our chairman and ranking member. There are some key areas of 
the bill that I know have been addressed, but certainly the fact that 
we now can help families work within families, helping grandparents and 
brothers and sisters and the extended family to get involved in a far 
faster, more efficient but also more caring way, plus the fact that 
there are requirements for the children to be in school and to finish 
school.
  So, again, we need to help these kids that need our help the most. 
And, unfortunately, these children or that child sitting in the living 
room watching television today does not have high paid lobbyists that 
are out there pushing the needs of these children. They have Members of 
Congress and very caring Members of this U.S. Congress but also elected 
officials across the country. So I stand here today encouraging my 
colleagues to pass this legislation, to step up and provide these new 
tools for our local governments and for our communities.
  Mr. Speaker, I appreciate this opportunity.
  Mr. McDERMOTT. Mr. Speaker, I yield 2 minutes to the gentleman from 
Philadelphia (Mr. Fattah), who has been the chairman of the Forum on 
Children, which the Speaker created.

                              {time}  1330

  Mr. FATTAH. I rise today to commend both the chairman and the ranking 
member. I am in an all-day markup on the Homeland appropriations bill, 
but I left that markup because I think this is very important to our 
homeland security. The notion that as a Nation we would finally address 
some of the shortcomings in our foster care system, I think is so 
appropriate. I want to thank Chairman McDermott for his leadership on 
this.
  This bill, particularly when we focus on kinship care, when we look 
at the whole question of aging out and the challenges, we held a forum 
the other day right here in the Capitol and heard from experts, but 
more importantly, heard from a former foster child herself about how 
she was told to leave immediately upon her 18th birthday and all of her 
belongings put in four trash bags. Now she's getting ready to graduate 
from one of our finest universities, and she's on the right track, but 
to think how abruptly she was treated by this foster family.
  We need to look at, through all of these challenges, how we can 
better reform these systems. Hundreds of thousands of young people and 
their life chances are impacted. I join the ranking member and the 
chairman as a cosponsor of this bill. But this is just the beginning. 
There are other issues raised in the Invest in Kids Act; there are 
issues, and we have raised them in the bill that I have offered, to 
create a White House conference on children so that we can focus anew 
on what we can do to improve our entire foster child system.
  I thank you for this time.
  Mr. WELLER of Illinois. Mr. Speaker, can you tell us how much time 
remains on each side, please.
  The SPEAKER pro tempore. The gentleman from Illinois has 11\1/2\ 
minutes. The gentleman from Washington has 9 minutes.
  Mr. WELLER of Illinois. Mr. Speaker, I reserve the balance of my 
time.
  Mr. McDERMOTT. Mr. Speaker, I yield 2 minutes to the gentleman from 
California (Mr. Cardoza).

[[Page H5930]]

  Mr. CARDOZA. I want to start off by thanking Chairman McDermott for 
doing a fabulous job on this bill on behalf of foster kids generally.
  Mr. Speaker, I rise in support of H.R. 6307, the Fostering 
Connections to Success Act. Many of my colleagues already know that I 
care deeply about foster care, in part because 8 years ago, my wife and 
I adopted two of our children from foster care.
  We didn't know much about foster care back then, but we certainly are 
intimately familiar with it at this point, and familiar with the plight 
of foster kids in America. These children who come into foster care 
through no fault of their own face a number of inequalities compared to 
children who have not endured the type of abuse that typically places a 
foster child in care.
  While foster parents receive Federal assistance to care for kids in 
their home, family members, many of whom would willingly care for their 
nieces and nephews, only if they had a little help to do so, are denied 
foster care payments. This legislation will end that misguided policy 
and provide that assistance to family members.
  While biological children count on health insurance policies of their 
parents until the age of 25, foster children's health care coverage is 
often terminated on the night of their 18th birthday. Mr. Speaker, I 
want to believe that all children are self-sufficient on the day they 
turn 18, but as a father, both of us know better than that.
  Earlier this year, I introduced legislation that would require health 
care coverage for children in foster care until the age of 21. Chairman 
McDermott lent his support to my bill, and I understand there is a 
similar provision in his bill to provide States with the option of 
extending health care coverage.
  I hope that all States will exercise this option because parents 
don't walk out on their kids at 18, and neither should we.
  The SPEAKER pro tempore. The time of the gentleman from California 
has expired.
  Mr. McDERMOTT. I yield the gentleman 1 additional minute.
  Mr. CARDOZA. Thank you, Mr. McDermott.
  Finally, Mr. Speaker, this bill will improve the oversight of health 
care needs for our children in foster care. My wife is a family doctor, 
and she has been taken aback by the lack of oversight in the medical 
treatment of foster kids. The committee heard testimony from foster 
children who have been over-prescribed or mis-prescribed numerous 
medications. I know personally that my children received several rounds 
of immunizations, when they only needed one set.
  It's about time we raise the standards for continuity of health care, 
medical records, and prescription drugs, and this legislation will in 
fact accomplish that. I will continue to work with my colleagues and 
fight on the behalf of abused and neglected children in America. I 
thank the gentleman who has authored this bill for doing the same, and 
I thank him for bringing this legislation to the floor.
  Mr. WELLER of Illinois. Mr. Speaker, I yield myself the balance of my 
time.
  I am proud to say that this is bipartisan legislation designed to 
help children. Children need help. I am also proud to say that this 
legislation has a proud array of organizations that have endorsed it. 
I'd like to go through that list.
  Organizations which have endorsed H.R. 6307, the Fostering 
Connections to Success Act: The Alliance for Children and Families; 
American Academy of Pediatrics; the Center for Law and Social Policy; 
Child Welfare League of America; County Welfare Directors Association 
of California; Foster Care Alumni of America; National Association of 
Counties; National Congress of American Indians; National Council for 
Adoption; National Indian Child Welfare Association; North American 
Council on Adoptable Children; Pew Commission on Children in Foster 
Care; Public Children Services Association of Ohio; Voices for 
America's Children; and also, Mr. Speaker, I have letters of support 
here from the Lutheran Services in America in support of this 
legislation, Catholic Charities USA, in support of this legislation, 
and also an organization which I am proud to say is headquartered in 
the 11th Congressional District of Illinois, which I represent, an 
organization that is respected, called the The Baby Fold, which is a 
long-time child welfare advocacy organization, as well as providing 
outstanding services children need.
  In closing, I want to say this is good legislation, and I want to 
commend my chairman, Mr. McDermott, for working in a bipartisan way, 
reaching out to a broad array of organizations, reaching out to a 
broad, wide variety of Members of the House on both the Democrat and 
Republican side who care about kids in foster care, and ensuring 
children who have needs, that we work to help them.
  This is good legislation. It's bipartisan. It enjoys the support of a 
wide array of groups. And it helps kids. That is our goal. That is the 
bottom line. We want to help children who need help.
  Mr. Chairman, I, of course, again want to thank you for the 
opportunity of working with you. I look forward to working with you as 
we reach out to our colleagues in the other body as we work towards our 
goal of this legislation becoming law this year. I want to thank you 
for the spirit of cooperation and bipartisanship which you have 
extended to me, as well as other members on our subcommittee and the 
full committee and other Members of this body. For that, I want to 
congratulate you as well as thank you.
  Mr. Speaker, again, I urge my colleagues to support this legislation 
with a strong bipartisan vote.

   Organizations Endorsing H.R. 6307, The ``Fostering Connections to 
                             Success Act''

       1. Alliance for Children and Families.
       2. American Academy of Pediatrics.
       3. Center for Law and Social Policy.
       4. Child Welfare League of America.
       5. County Welfare Directors Association of California.
       6. Foster Care Alumni of America.
       7. National Association of Counties.
       8. National Congress of American Indians.
       9. National Council for Adoption.
       10. National Indian Child Welfare Association.
       11. North American Council on Adoptable Children.
       12. Pew Commission on Children in Foster Care.
       13. Public Children Services Association of Ohio.
       14. Voices for America's Children.
                                  ____



                                 Lutheran Services in America,

                                    Washington, DC, June 24, 2008.
     Hon. Jerry Weller,
     House of Representatives
     Washington, D.C. 20515
       Dear Congressmen Weller: Lutheran Services in America (LSA) 
     expresses its strong support for the Fostering Connections to 
     Success Act (H.R. 6307). LSA member organizations are 
     particularly supportive of the expansion of child welfare 
     worker training funds to private, non-profit organizations. 
     Many of LSA's member organizations, including Lutheran Social 
     Services of Illinois, have been working in close partnership 
     with states for many years to provide excellent services for 
     children and families involved in the foster care system 
     without access to federal training funds. This bill would 
     enable our organizations to better train, develop and retain 
     qualified, dedicated child welfare workers who have already 
     shown such passion and dedication for their work and the 
     people they serve.
       LSA is an alliance of national Lutheran church 
     denominations and their health and human service providers. 
     LSA member organizations deliver more than $9.5 billion in 
     services to more than six million people every year--that 
     translates to one in 50 people in the United States. LSA 
     members provide services in all 50 states and the Caribbean. 
     The network of close to 300 organizations serves the elderly, 
     children and families, people with mental and physical 
     disabilities, refugees, victims of natural disasters and 
     others in need. Through these efforts LSA is on the front 
     lines of building self-sufficiency and creating hope in 
     millions of lives.
       Thank you for your dedication to improving the connections 
     children in foster care have to relatives, schools and 
     communities so they have a better chance to succeed. If LSA 
     can be of further assistance, please contact Lisa Hassenstab.
           Sincerely,
     Lisa M. Carr,
       Senior Director of Public Policy.
     Lisa Hassenstab,
       Associate Director of Public Policy.

[[Page H5931]]

     
                                  ____
                                       Catholic Charities USA,

                                    Alexandria, VA, June 24, 2008.
     Hon. Jim McDermott,
     Chairman, Subcommittee on Income Security and Family Support, 
         Committee on Ways and Means, House of Representatives, 
         Longworth House Office Building, Washington, DC.
     Hon. Jerry Weller,
     Ranking Member, Subcommittee on Income Security and Family 
         Support, Committee on Ways and Means, House of 
         Representatives, Cannon House Office Building, 
         Washington, DC.
       Dear Representatives McDermott and Weller: I am writing to 
     express our support for your recently introduced legislative 
     proposal, ``Fostering Connections to Success Act,'' H.R. 
     6307. This legislation advances a number of important 
     improvements to the nation's child welfare system. Catholic 
     Charities USA thanks you for your leadership in promoting 
     stable homes for children in the foster care system through 
     family, educational, and health care supports.
       We are particularly pleased that your proposal includes the 
     following improvements:
       A state option to extend federal foster care payments to 
     age 21 for children living in a supervised setting; a state 
     option to continue federal assistance to relative guardians 
     of foster children; an expansion of federal funds for 
     training of child welfare workers in private agencies; family 
     connections grants, including kinship navigator programs; 
     notification to adult relatives within 30 days of a child's 
     placement in foster care and reasonable efforts to place 
     siblings together; coordination and oversight of health care 
     services for children in care; and reauthorization and 
     expansion of the Adoption Incentive Program.
       Catholic Charities USA is one of the nation's largest 
     private networks of over 1,700 social service agencies and 
     institutions providing services to nearly 8 million people 
     annually. As one of the nation's largest social service 
     providers, we recognize the importance of a strong child 
     welfare system in keeping families out of generational 
     poverty. Catholic Charities USA strongly supports ongoing 
     improvements to the child welfare system to protect and 
     strengthen vulnerable children.
       We look forward to working with you and your colleagues on 
     these important reforms. Please do not hesitate to call on 
     Catholic Charities USA if we can provide any assistance.
           Sincerely,

                                                   Candy Hill,

                                            Sr. Vice President for
     Social Policy and Government Affairs.
                                  ____



                                                The Baby Fold,

                                        Normal, IL, June 23, 2008.
     Hon. Jerry Weller,
     House of Representatives,
     Washington, DC.
       Dear Representative Weller: On behalf of The Baby Fold, I 
     would like to offer our full support of the bipartisan 
     Fostering Connections To Success Act of 2008 (H.R. 6307). 
     Thank you for your leadership in supporting and improving 
     critical services for our nation's children and families.
       Provisions of the Act will improve the lives of youth by 
     addressing their basic needs for safety, stability, 
     education, health and vocational preparation.
       Kinship Guardianship Assistance Payments will support 
     relative caregivers in being able to provide permanent loving 
     family homes for their related children without unnecessary 
     and costly long term government oversight. Having a sense of 
     belonging to family is a key to children's long term success 
     in life.
       Family Connection Grants will provide critical funding for 
     services to help at risk families overcome the obstacles that 
     could result in their children being removed from the home 
     and placed in substitute care settings. Investing in these 
     types of prevention services will not only save families, but 
     will save costs of longer term government services for these 
     children and families.
       Federal Matching for Training Private Sector Child Welfare 
     Workers will enable private agency child welfare workers to 
     receive the same training and federal reimbursement for 
     training as public child welfare workers. In Illinois, the 
     shift in caseload responsibilities for foster care has 
     shifted substantially to the private sector child welfare 
     sector, and yet Title IV E monies have not been available to 
     offset the cost of private sector staff training. Private 
     sector agencies have been absorbing the average cost of 
     $5,000 per staff for required child welfare training. With 
     State funding in Illinois being stagnant over the past 8 
     years, these unfunded but critical training requirements have 
     threatened the viability of some agencies continuing to 
     provide much needed foster care services.
       The reauthorization and enhancement of the Adoption 
     Incentives Program helps to offset the additional cost of 
     recruitment of and training of adoptive parents for special 
     needs children.
       Thank you for your leadership in introducing this 
     legislation and your continued support of our nation's 
     children and families.
           Sincerely,
                                                     Karen Rousey,
                                       Vice President of Programs.

  I yield back the balance of my time.
  Mr. McDERMOTT. Mr. Speaker, I will only take a moment here at the 
end. The old rule we learned a long time ago is if you have the vote, 
shut up. So I am not going to make a long speech.
  It has been a great pleasure to work with Mr. Weller. The only thing 
I really am sad about is that you won't be here to work with me on the 
Invest in Kids Act in the next legislative session of this Congress.
  This bill obviously does not do everything. One would always like to 
do more. But what we did today was what was possible and what we could 
pay for and what we could agree upon. I think that that is the 
important thing for people to realize, that the Congress does work 
together, and it works best when the sides work together on issues like 
this. They can be resolved, even though some of these have some 
sticking points here and there, they can be resolved, and in this case, 
the children are the beneficiaries. I think for that, the Congress 
should all be proud today as we vote unanimously, I hope, for this 
bill.
  I think that there are children out there right now who are going to 
benefit from this, whose stories, many of which we heard in the 
committee, and if we stood here and told the stories that we heard in 
the committee, everyone would be in support of this bill.
  Mr. STARK. Mr. Speaker, I rise to support important progress toward 
reforming our troubled child welfare system. Today, we can come one 
step closer to fulfilling our promise to abused and neglected children 
that we will protect them, heal their wounds, and provide them with 
stable and loving homes.
  Anyone who has paid attention to the plight of our half a million 
foster children and the millions of former foster children should be 
angry at how miserably we have failed them. Once a child enters the 
system, we, the government, become their parents. Just like parents, we 
have a moral obligation to act in their best interests. Unfortunately, 
many foster children are cycled from placement to placement and school 
to school, over-medicated with psychotropic drugs, and kept apart from 
their siblings and other relatives who could provide them with support. 
Not surprisingly, former foster youth are not doing well. They are more 
likely to become homeless, incarcerated, disconnected from education 
and the workforce, or using drugs than nearly any other group of 
individuals. Perhaps most shockingly, these youth suffer from post 
traumatic stress disorder at rates comparable to Iraq war veterans.
  The ``Fostering Connections to Success Act'' allows us to turn our 
anger into action. This legislation will create permanency for 
thousands of children by providing Federal assistance to grandparents 
and relatives who care for a foster child. In my home State of 
California, a State-funded Program exists to help ease the financial 
burden for relative caregivers. Much needed Federal support will ensure 
that this program will not be zeroed out during the current fiscal 
crisis and will be able to expand to help additional children. This 
bill also recognizes a truth that is obvious to any parent: turning 18 
does not mean that a young person is ready to live on their own. I have 
heard from too many former foster youth that when they turned 18 they 
found their belongings placed in garbage bags with no idea where they 
would live or how they would support themselves. By extending 
assistance to foster youth until age 21, we an help ease their 
transition into adulthood.
  Finally, this legislation takes important steps to promote 
educational stability for foster children and better oversee their 
medical care. During committee hearings we heard accounts from 
advocates and former foster youth about children on multiple 
psychotropic drugs prescribed by different doctors that never spoke to 
each other. Many foster children have serious and complex physical and 
mental illnesses. Their care must be coordinated and appropriate. This 
bill requires oversight and accountability to ensure that foster 
children are not overly medicated, but receiving effective, high-
quality health care.
  I am heartened that this legislation has strong support from both 
sides of the aisle. It should. These are our children and we should 
provide them with the same level of support we provide for children 
living under our own roofs.
  Ms. BERKLEY. Mr. Speaker, I rise today in support of the Fostering 
Connections to Success Act. The provisions contained in this bipartisan 
legislation will benefit thousands of children and will help to promote 
stability and permanency in their lives.
  The ultimate goal of our Nation's child welfare system is to promote 
safe, stable and permanent homes for America's most vulnerable 
children. The provisions of this bill will help to accomplish this by 
allowing States to continue foster care assistance for kids up to the 
age of 21, authorizing Federal assistance to relatives assuming legal 
guardianship of children for whom they have cared as foster

[[Page H5932]]

parents, and extending and improving the Adoption Incentives Program.
  While much more remains to be done to ensure the safety and well 
being of our Nation's foster children, I support this legislation as a 
commonsense and much needed first step in the right direction.
  I urge my colleagues to support this legislation.
  Ms. BACHMANN. Mr. Speaker, I rise today to support H.R. 6307, the 
Fostering Connections to Success Act. This vital piece of bipartisan 
legislation was designed to make much needed improvements to the child 
welfare system, focused on some of the most vulnerable among us--foster 
children.
  There are more than 500,000 children in foster care nationwide today, 
many of whom come from troubled homes and have been moved from family 
to family several times. My husband and I have cared for 23 foster 
children, and I understand full well the struggles these children face 
on a daily basis. This bill goes a long way in alleviating some of the 
roadblocks standing in their way.
  The main focus of this bill is to improve the accessibility foster 
youth have to essential services, their family, health care, and 
education. However, this legislation makes considerations for those not 
only actually in foster care, but for those who ``age out'' of the 
system--a group of young men and women who are often overlooked.
  A key component of this bill is the extension of federal foster care 
payments up to the age of 21. We are considered adults at the age of 18 
in this society, but reaching 18 does not automatically mean that an 
individual is financially independent. As these young men and women 
pursue a degree of higher learning, or whether they choose to start 
working, this bill will give them the financial help they desperately 
need. Too often their troubled past and unstable family background have 
not provided them the foundation of support to do it on their own.
  Along with providing--for the first time--federal financial support 
for relatives who assume legal guardianship of foster children, this 
bill also expands coverage of federal funds for the training of child 
welfare workers to include private agency and non-profit workers who 
provide foster care and adoption services on behalf of the state. When 
combined, all of the components of this bill offer the overhaul our 
foster care system so sorely needs.
  Today, I stand proud knowing that Congress is on the cusp of passing 
such a crucial piece of bipartisan legislation for America's youth. As 
a foster mother myself, I thank Congress for giving this matter the 
serious time and consideration it deserves.
  Mr. McDERMOTT. I yield back the balance of my time, and urge my 
colleagues to vote for this bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Washington (Mr. McDermott) that the House suspend the 
rules and pass the bill, H.R. 6307, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________