[Congressional Record (Bound Edition), Volume 154 (2008), Part 14]
[House]
[Pages 19450-19465]
[From the U.S. Government Publishing Office, www.gpo.gov]




 FOSTERING CONNECTIONS TO SUCCESS AND INCREASING ADOPTIONS ACT OF 2008

  Mr. McDERMOTT. Madam Speaker, I move to suspend the rules and pass 
the bill (H.R. 6893) to amend parts B and E of title IV of the Social 
Security Act to connect and support relative caregivers, improve 
outcomes for children in foster care, provide for tribal foster care 
and adoption access, improve incentives for adoption, and for other 
purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6893

       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 and Increasing Adoptions Act of 2008''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.

         TITLE I--CONNECTING AND SUPPORTING RELATIVE CAREGIVERS

Sec. 101. Kinship guardianship assistance payments for children.
Sec. 102. Family connection grants.
Sec. 103. Notification of relatives.
Sec. 104. Licensing standards for relatives.
Sec. 105. Authority for comparisons and disclosures of information in 
              the Federal Parent Locator Service for child welfare, 
              foster care, and adoption assistance program purposes.

        TITLE II--IMPROVING OUTCOMES FOR CHILDREN IN FOSTER CARE

Sec. 201. State option for children in foster care, and certain 
              children in an adoptive or guardianship placement, after 
              attaining age 18.
Sec. 202. Transition plan for children aging out of foster care.
Sec. 203. Short-term training for child welfare agencies, relative 
              guardians, and court personnel.

[[Page 19451]]

Sec. 204. Educational stability.
Sec. 205. Health oversight and coordination plan.
Sec. 206. Sibling placement.

           TITLE III--TRIBAL FOSTER CARE AND ADOPTION ACCESS

Sec. 301. Equitable access for foster care and adoption services for 
              Indian children in tribal areas.
Sec. 302. Technical assistance and implementation.

            TITLE IV--IMPROVEMENT OF INCENTIVES FOR ADOPTION

Sec. 401. Adoption incentives program.
Sec. 402. Promotion of adoption of children with special needs.
Sec. 403. Information on adoption tax credit.

    TITLE V--CLARIFICATION OF UNIFORM DEFINITION OF CHILD AND OTHER 
                               PROVISIONS

Sec. 501. Clarification of uniform definition of child.
Sec. 502. Investment of operating cash.
Sec. 503. No Federal funding to unlawfully present individuals.

                        TITLE VI--EFFECTIVE DATE

Sec. 601. Effective date.

         TITLE I--CONNECTING AND SUPPORTING RELATIVE CAREGIVERS

     SEC. 101. 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)(5), 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; and
       ``(ii) provide the prospective relative guardian with a 
     copy of the agreement.
       ``(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, and the manner in which the payment may be 
     adjusted periodically, in consultation with the relative 
     guardian, based on the circumstances of the relative guardian 
     and the needs of the child;
       ``(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 relative 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) Limitations on amount of kinship guardianship 
     assistance payment.--A kinship guardianship assistance 
     payment on behalf of a child shall not exceed the foster care 
     maintenance payment which would have been paid on behalf of 
     the child if the child had remained in a foster family home.
       ``(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; and
       ``(II) eligible for foster care maintenance payments under 
     section 472 while residing for at least 6 consecutive months 
     in the home of 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 (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, in accordance 
     with section 471(a)(31), 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 
     on behalf of 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 and any kinship 
     guardianship assistance payments made on behalf of the child 
     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 
     receive kinship guardianship assistance payments 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:
       ``(5) 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) Case plan requirements.--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.''.
       (5) Section heading amendment.--The section heading for 
     section 473 of such Act (42 U.S.C. 673) is amended by 
     inserting ``and guardianship'' after ``adoption''.
       (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.''.

[[Page 19452]]

       (e) Eligibility for Independent Living Services and 
     Education and Training Vouchers for Children Who Exit Foster 
     Care for Relative Guardianship or Adoption After Age 16.--
       (1) Independent living services.--Section 477(a) of such 
     Act (42 U.S.C. 677(a)) is amended--
       (A) by striking ``and'' at the end of paragraph (5);
       (B) by striking the period at the end of paragraph (6) and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(7) to provide the services referred to in this 
     subsection to children who, after attaining 16 years of age, 
     have left foster care for kinship guardianship or 
     adoption.''.
       (2) Education and training vouchers.--Section 477(i)(2) of 
     such Act (42 U.S.C. 677(i)(2)) is amended by striking 
     ``adopted from foster care after attaining age 16'' and 
     inserting ``who, after attaining 16 years of age, are adopted 
     from, or enter kinship guardianship from, foster care''.
       (f) Categorical Eligibility for Medicaid.--Section 
     473(b)(3) of such Act (42 U.S.C. 673(b)(3)) is amended--
       (1) in subparagraph (A)(ii), by striking ``or'' at the end;
       (2) in subparagraph (B), by striking the period and 
     inserting ``, or''; and
       (3) by adding at the end the following:
       ``(C) with respect to whom kinship guardianship assistance 
     payments are being made pursuant to subsection (d).''.

     SEC. 102. FAMILY CONNECTION GRANTS.

       (a) In General.--Part B of title IV of the Social Security 
     Act (42 U.S.C. 620-629i) is amended by inserting after 
     section 426 the following:

     ``SEC. 427. 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) a kinship navigator program to assist kinship 
     caregivers in learning about, finding, and using programs and 
     services to meet the needs of the children they are raising 
     and their own needs, and to promote effective partnerships 
     among public and private agencies to ensure kinship caregiver 
     families are served, which program--
       ``(A) shall be coordinated with other State or local 
     agencies that promote service coordination or provide 
     information and referral services, including the entities 
     that provide 2-1-1 or 3-1-1 information systems where 
     available, to avoid duplication or fragmentation of services 
     to kinship care families;
       ``(B) shall be planned and operated in consultation with 
     kinship caregivers and organizations representing them, youth 
     raised by kinship caregivers, relevant government agencies, 
     and relevant community-based or faith-based organizations;
       ``(C) shall establish information and referral systems that 
     link (via toll-free access) kinship caregivers, kinship 
     support group facilitators, and kinship service providers 
     to--
       ``(i) each other;
       ``(ii) eligibility and enrollment information for Federal, 
     State, and local benefits;
       ``(iii) relevant training to assist kinship caregivers in 
     caregiving and in obtaining benefits and services; and
       ``(iv) relevant legal assistance and help in obtaining 
     legal services;
       ``(D) shall provide outreach to kinship care families, 
     including by establishing, distributing, and updating a 
     kinship care website, or other relevant guides or outreach 
     materials;
       ``(E) shall promote partnerships between public and private 
     agencies, including schools, community based or faith-based 
     organizations, and relevant government agencies, to increase 
     their knowledge of the needs of kinship care families to 
     promote better services for those families;
       ``(F) may establish and support a kinship care ombudsman 
     with authority to intervene and help kinship caregivers 
     access services; and
       ``(G) may support any other activities designed to assist 
     kinship caregivers in obtaining benefits and services to 
     improve their caregiving;
       ``(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;
       ``(3) family group decision-making meetings for children in 
     the child welfare system, that--
       ``(A) enable families to make decisions and develop plans 
     that nurture children and protect them from abuse and 
     neglect, and
       ``(B) when appropriate, shall address domestic violence 
     issues in a safe manner and facilitate connecting children 
     exposed to domestic violence to appropriate services, 
     including reconnection with the abused parent when 
     appropriate; or
       ``(4) residential family treatment programs that--
       ``(A) enable parents and their children to live in a safe 
     environment for a period of not less than 6 months; and
       ``(B) provide, on-site or by referral, substance abuse 
     treatment services, children's early intervention services, 
     family counseling, medical, and mental health services, 
     nursery and pre-school, and other services that are designed 
     to provide comprehensive treatment that supports the family.
       ``(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 30 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) Kinship navigator programs.--The Secretary shall 
     reserve $5,000,000 of the funds made available under 
     subsection (h) for each fiscal year for grants to implement 
     kinship navigator programs described in subsection (a)(1).
       ``(2) 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.
       ``(3) 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) Appropriation.--Out of any money in the Treasury of 
     the United States not otherwise appropriated, there are 
     appropriated to the Secretary for purposes of making grants 
     under this section $15,000,000 for each of fiscal years 2009 
     through 2013.''.
       (b) Conforming Amendment.--Section 425 of such Act (42 
     U.S.C. 625) is amended by inserting ``(other than sections 
     426, 427, and 429)'' after ``this subpart''.
       (c) Renaming of Program.--The subpart heading for subpart 1 
     of part B of title IV of such Act is amended to read as 
     follows:

  ``Subpart 1--Stephanie Tubbs Jones Child Welfare Services Program''.

     SEC. 103. NOTIFICATION OF RELATIVES.

       Section 471(a) of the Social Security Act (42 U.S.C. 
     671(a)), as amended by section 101(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, within 30 days after the removal of a 
     child from the custody of the parent or parents of the child, 
     the State shall exercise due diligence to identify and 
     provide notice to all adult grandparents and other adult 
     relatives of the child (including any other adult relatives 
     suggested by the parents), subject to exceptions due to 
     family or domestic violence, that--
       ``(A) specifies that the child has been or is being removed 
     from the custody of the parent or parents of the child;
       ``(B) explains the options the relative has under Federal, 
     State, and local law to participate in the care and placement 
     of the child, including any options that may be lost by 
     failing to respond to the notice;

[[Page 19453]]

       ``(C) describes the requirements under paragraph (10) of 
     this subsection to become a foster family home and the 
     additional services and supports that are available for 
     children placed in such a home; and
       ``(D) if the State has elected the option to make kinship 
     guardianship assistance payments under paragraph (28) of this 
     subsection, describes how the relative guardian of the child 
     may subsequently enter into an agreement with the State under 
     section 473(d) to receive the payments.''.

     SEC. 104. LICENSING STANDARDS FOR RELATIVES.

       (a) State Plan Amendment.--Section 471(a)(10) of the Social 
     Security Act (42 U.S.C. 671(a)(10)) is amended--
       (1) by striking ``and provides'' and inserting 
     ``provides''; and
       (2) by inserting before the semicolon the following: ``, 
     and provides that a waiver of any such standard may be made 
     only on a case-by-case basis for non-safety standards (as 
     determined by the State) in relative foster family homes for 
     specific children in care''.
       (b) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall submit to the Committee on Ways and Means of 
     the House of Representatives and the Committee on Finance of 
     the Senate a report that includes the following:
       (1) Nationally and for each State, the number and 
     percentage of children in foster care placed in licensed 
     relative foster family homes and the number and percentage of 
     such children placed in unlicensed relative foster family 
     homes.
       (2) The frequency with which States grant case-by-case 
     waivers of non-safety licensing standards for relative foster 
     family homes.
       (3) The types of non-safety licensing standards waived.
       (4) An assessment of how such case-by-case waivers of non-
     safety licensing standards have affected children in foster 
     care, including their safety, permanency, and well-being.
       (5) A review of any reasons why relative foster family 
     homes may not be able to be licensed, despite State authority 
     to grant such case-by-case waivers of non-safety licensing 
     standards.
       (6) Recommendations for administrative or legislative 
     actions that may increase the percentage of relative foster 
     family homes that are licensed while ensuring the safety of 
     children in foster care and improving their permanence and 
     well-being.

     SEC. 105. AUTHORITY FOR COMPARISONS AND DISCLOSURES OF 
                   INFORMATION IN THE FEDERAL PARENT LOCATOR 
                   SERVICE FOR CHILD WELFARE, FOSTER CARE, AND 
                   ADOPTION ASSISTANCE PROGRAM PURPOSES.

       Section 453(j)(3) of the Social Security Act (42 U.S.C. 
     653(j)) is amended, in the matter preceding subparagraph (A), 
     by inserting ``, part B, or part E'' after ``this part''.

        TITLE II--IMPROVING OUTCOMES FOR CHILDREN IN FOSTER CARE

     SEC. 201. 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 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;
       ``(IV) employed for at least 80 hours per month; or
       ``(V) incapable of doing any of the activities described in 
     subclauses (I) through (IV) due to a medical condition, which 
     incapability is supported by regularly updated information in 
     the case plan of the child.''.
       (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 
     ``but''.
       (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. 202. TRANSITION PLAN FOR CHILDREN AGING OUT OF FOSTER 
                   CARE.

       Section 475(5) of the Social Security Act (42 U.S.C. 675) 
     is amended--
       (1) in subparagraph (F)(ii), by striking ``and'' at the 
     end;
       (2) in subparagraph (G), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(H) during the 90-day period immediately prior to the 
     date on which the child will attain 18 years of age, or such 
     greater age as the State may elect under paragraph 
     (8)(B)(iii), whether during that period foster care 
     maintenance payments are being made on the child's behalf or 
     the child is receiving benefits or services under section 
     477, a caseworker on the staff of the State agency, and, as 
     appropriate, other representatives of the child provide the 
     child with assistance and support in developing a transition 
     plan that is personalized at the direction of the child, 
     includes specific options on housing, health insurance, 
     education, local opportunities for mentors and continuing 
     support services, and work force supports and employment 
     services, and is as detailed as the child may elect.''.

     SEC. 203. SHORT-TERM TRAINING FOR CHILD WELFARE AGENCIES, 
                   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 striking ``foster and adopted'' the 1st place it 
     appears;
       (5) 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,'';
       (6) by inserting ``guardians,'' before ``staff members,'';
       (7) by striking ``and institutions'' and inserting 
     ``institutions, attorneys, and advocates''; and
       (8) by inserting ``and children living with relative 
     guardians'' after ``foster and adopted children'' the 2nd 
     place it appears.
       (b) 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. 204. EDUCATIONAL STABILITY.

       (a) In General.--Section 475 of the Social Security Act (42 
     U.S.C. 675), as amended by section 101(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

[[Page 19454]]

     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 101(a) and 103 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 in the case 
     plan of the child.''.

     SEC. 205. 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 or non-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. 206. SIBLING PLACEMENT.

       Section 471(a) of the Social Security Act (42 U.S.C. 
     671(a)), as amended by sections 101(a), 103, and 204(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--
       ``(A) 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; and
       ``(B) in the case of siblings removed from their home who 
     are not so jointly placed, to provide for frequent visitation 
     or other ongoing interaction between the siblings, unless 
     that State documents that frequent visitation or other 
     ongoing interaction would be contrary to the safety or well-
     being of any of the siblings.''.

           TITLE III--TRIBAL FOSTER CARE AND ADOPTION ACCESS

     SEC. 301. EQUITABLE ACCESS FOR FOSTER CARE AND ADOPTION 
                   SERVICES FOR INDIAN CHILDREN IN TRIBAL AREAS.

       (a) Authority for Direct Payment of Federal Title IV-E 
     Funds for Programs Operated by Indian Tribal Organizations.--
       (1) In general.--Part E of title IV of the Social Security 
     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, 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).
       ``(b) Authority.--Except as otherwise provided in this 
     section, this part shall apply in the same manner as this 
     part applies to a State to an Indian tribe, tribal 
     organization, or tribal consortium that elects to operate a 
     program under this part and has a plan approved by the 
     Secretary under section 471 in accordance with this section.
       ``(c) Plan Requirements.--
       ``(1) In general.--An Indian tribe, tribal organization, or 
     tribal consortium that elects to operate a program under this 
     part shall include with its plan submitted under section 471 
     the following:
       ``(A) Financial management.--Evidence demonstrating that 
     the tribe, organization, or consortium has not had any 
     uncorrected significant or material audit exceptions under 
     Federal grants or contracts that directly relate to the 
     administration of social services for the 3-year period prior 
     to the date on which the plan is submitted.
       ``(B) Service areas and populations.--For purposes of 
     complying with section 471(a)(3), a description of the 
     service area or areas and populations to be served under the 
     plan and an assurance that the plan shall be in effect in all 
     service area or areas and for all populations served by the 
     tribe, organization, or consortium.
       ``(C) Eligibility.--
       ``(i) In general.--Subject to clause (ii) of this 
     subparagraph, an assurance that the plan will provide--

       ``(I) foster care maintenance payments under section 472 
     only on behalf of children who satisfy the eligibility 
     requirements of section 472(a);
       ``(II) adoption assistance payments under section 473 
     pursuant to adoption assistance agreements only on behalf of 
     children who satisfy the eligibility requirements for such 
     payments under that section; and
       ``(III) at the option of the tribe, organization, or 
     consortium, kinship guardianship assistance payments in 
     accordance with section 473(d) only on behalf of children who 
     meet the requirements of section 473(d)(3).

       ``(ii) Satisfaction of foster care eligibility 
     requirements.--For purposes of determining whether a child 
     whose placement and care are the responsibility of an Indian 
     tribe, tribal organization, or tribal consortium with a plan 
     approved under section 471 in accordance with this section 
     satisfies the requirements of section 472(a), the following 
     shall apply:

       ``(I) Use of affidavits, etc.--Only with respect to the 
     first 12 months for which such plan is in effect, the 
     requirement in paragraph (1) of section 472(a) 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 that paragraph.
       ``(II) AFDC eligibility requirement.--The State plan 
     approved under section 402 (as in effect on July 16, 1996) of 
     the State in which the child resides at the time of removal 
     from the home shall apply to the determination of whether the 
     child satisfies section 472(a)(3).

       ``(D) Option to claim in-kind expenditures from third-party 
     sources for non-federal share of administrative and training 
     costs during initial implementation period.--Only for fiscal 
     year quarters beginning after September 30, 2009, and before 
     October 1, 2014, a list of the in-kind expenditures (which 
     shall be fairly evaluated, and may include plants, equipment, 
     administration, or services) and the third-party sources of 
     such expenditures that the tribe, organization, or consortium 
     may claim as part of the non-Federal share of administrative 
     or training expenditures attributable to such quarters for 
     purposes of receiving payments under section 474(a)(3). The 
     Secretary shall permit a tribe, organization, or consortium 
     to claim in-kind expenditures from third party sources for 
     such purposes during such quarters subject to the following:

[[Page 19455]]

       ``(i) No effect on authority for tribes, organizations, or 
     consortia to claim expenditures or indirect costs to the same 
     extent as states.--Nothing in this subparagraph shall be 
     construed as preventing a tribe, organization, or consortium 
     from claiming any expenditures or indirect costs for purposes 
     of receiving payments under section 474(a) that a State with 
     a plan approved under section 471(a) could claim for such 
     purposes.
       ``(ii) Fiscal year 2010 or 2011.--

       ``(I) Expenditures other than for training.--With respect 
     to amounts expended during a fiscal year quarter beginning 
     after September 30, 2009, and before October 1, 2011, for 
     which the tribe, organization, or consortium is eligible for 
     payments under subparagraph (C), (D), or (E) of section 
     474(a)(3), not more than 25 percent of such amounts may 
     consist of in-kind expenditures from third-party sources 
     specified in the list required under this subparagraph to be 
     submitted with the plan.
       ``(II) Training expenditures.--With respect to amounts 
     expended during a fiscal year quarter beginning after 
     September 30, 2009, and before October 1, 2011, for which the 
     tribe, organization, or consortium is eligible for payments 
     under subparagraph (A) or (B) of section 474(a)(3), not more 
     than 12 percent of such amounts may consist of in-kind 
     expenditures from third-party sources that are specified in 
     such list and described in subclause (III).
       ``(III) Sources described.--For purposes of subclause (II), 
     the sources described in this subclause are the following:

       ``(aa) A State or local government.
       ``(bb) An Indian tribe, tribal organization, or tribal 
     consortium other than the tribe, organization, or consortium 
     submitting the plan.
       ``(cc) A public institution of higher education.
       ``(dd) A Tribal College or University (as defined in 
     section 316 of the Higher Education Act of 1965 (20 U.S.C. 
     1059c)).
       ``(ee) A private charitable organization.
       ``(iii) Fiscal year 2012, 2013, or 2014.--

       ``(I) In general.--Except as provided in subclause (II) of 
     this clause and clause (v) of this subparagraph, with respect 
     to amounts expended during any fiscal year quarter beginning 
     after September 30, 2011, and before October 1, 2014, for 
     which the tribe, organization, or consortium is eligible for 
     payments under any subparagraph of section 474(a)(3) of this 
     Act, the only in-kind expenditures from third-party sources 
     that may be claimed by the tribe, organization, or consortium 
     for purposes of determining the non-Federal share of such 
     expenditures (without regard to whether the expenditures are 
     specified on the list required under this subparagraph to be 
     submitted with the plan) are in-kind expenditures that are 
     specified in regulations promulgated by the Secretary under 
     section 301(e)(2) of the Fostering Connections to Success and 
     Increasing Adoptions Act of 2008 and are from an applicable 
     third-party source specified in such regulations, and do not 
     exceed the applicable percentage for claiming such in-kind 
     expenditures specified in the regulations.
       ``(II) Transition period for early approved tribes, 
     organizations, or consortia.--Subject to clause (v), if the 
     tribe, organization, or consortium is an early approved 
     tribe, organization, or consortium (as defined in subclause 
     (III) of this clause), the Secretary shall not require the 
     tribe, organization, or consortium to comply with such 
     regulations before October 1, 2013. Until the earlier of the 
     date such tribe, organization, or consortium comes into 
     compliance with such regulations or October 1, 2013, the 
     limitations on the claiming of in-kind expenditures from 
     third-party sources under clause (ii) shall continue to apply 
     to such tribe, organization, or consortium (without regard to 
     fiscal limitation) for purposes of determining the non-
     Federal share of amounts expended by the tribe, organization, 
     or consortium during any fiscal year quarter that begins 
     after September 30, 2011, and before such date of compliance 
     or October 1, 2013, whichever is earlier.
       ``(III) Definition of early approved tribe, organization, 
     or consortium.--For purposes of subclause (II) of this 
     clause, the term `early approved tribe, organization, or 
     consortium' means an Indian tribe, tribal organization, or 
     tribal consortium that had a plan approved under section 471 
     in accordance with this section for any quarter of fiscal 
     year 2010 or 2011.

       ``(iv) Fiscal year 2015 and thereafter.--Subject to clause 
     (v) of this subparagraph, with respect to amounts expended 
     during any fiscal year quarter beginning after September 30, 
     2014, for which the tribe, organization, or consortium is 
     eligible for payments under any subparagraph of section 
     474(a)(3) of this Act, in-kind expenditures from third-party 
     sources may be claimed for purposes of determining the non-
     Federal share of expenditures under any subparagraph of such 
     section 474(a)(3) only in accordance with the regulations 
     promulgated by the Secretary under section 301(e)(2) of the 
     Fostering Connections to Success and Increasing Adoptions Act 
     of 2008.
       ``(v) Contingency rule.--If, at the time expenditures are 
     made for a fiscal year quarter beginning after September 30, 
     2011, and before October 1, 2014, for which a tribe, 
     organization, or consortium may receive payments for under 
     section 474(a)(3) of this Act, no regulations required to be 
     promulgated under section 301(e)(2) of the Fostering 
     Connections to Success and Increasing Adoptions Act of 2008 
     are in effect, and no legislation has been enacted specifying 
     otherwise--

       ``(I) in the case of any quarter of fiscal year 2012, 2013, 
     or 2014, the limitations on claiming in-kind expenditures 
     from third-party sources under clause (ii) of this 
     subparagraph shall apply (without regard to fiscal 
     limitation) for purposes of determining the non-Federal share 
     of such expenditures; and
       ``(II) in the case of any quarter of fiscal year 2015 or 
     any fiscal year thereafter, no tribe, organization, or 
     consortium may claim in-kind expenditures from third-party 
     sources for purposes of determining the non-Federal share of 
     such expenditures if a State with a plan approved under 
     section 471(a) of this Act could not claim in-kind 
     expenditures from third-party sources for such purposes.

       ``(2) Clarification of tribal authority to establish 
     standards for tribal foster family homes and tribal child 
     care institutions.--For purposes of complying with section 
     471(a)(10), an Indian tribe, tribal organization, or tribal 
     consortium shall establish and maintain a tribal authority or 
     authorities which shall be responsible for establishing and 
     maintaining tribal standards for tribal foster family homes 
     and tribal child care institutions.
       ``(3) 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) Determination of Federal Medical Assistance 
     Percentage for Foster Care Maintenance and Adoption 
     Assistance Payments.--
       ``(1) Per capita income.--For purposes of determining the 
     Federal medical assistance percentage applicable to an Indian 
     tribe, a tribal organization, or a tribal consortium under 
     paragraphs (1), (2), and (5) of section 474(a), 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, 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, organization, or 
     consortium is located.
       ``(2) Consideration of other information.--Before making a 
     calculation under paragraph (1), 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.
       ``(e) Nonapplication to Cooperative Agreements and 
     Contracts.--Any cooperative agreement or contract entered 
     into between an Indian tribe, a tribal organization, or a 
     tribal consortium and a State for the administration or 
     payment of funds under this part 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 or contract to revoke or modify the agreement or 
     contract pursuant to the terms of the agreement or contract. 
     Nothing in this section shall be construed as affecting the 
     authority for an Indian tribe, a tribal organization, or a 
     tribal consortium and a State to enter into a cooperative 
     agreement or contract for the administration or payment of 
     funds under this part.
       ``(f) 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)).
       ``(g) Rule of Construction.--Nothing in this section shall 
     be construed as affecting the application of section 472(h) 
     to a child on whose behalf payments are paid under section 
     472, or the application of section 473(b) to a child on whose 
     behalf payments are made under section 473 pursuant to an 
     adoption assistance agreement or a kinship guardianship 
     assistance agreement, by an Indian tribe, tribal 
     organization, or tribal consortium that elects to operate a 
     foster care and adoption assistance program in accordance 
     with this section.''.
       (2) Conforming amendments.--Section 472(a)(2)(B) of such 
     Act (42 U.S.C. 672(a)(2)(B)) is amended--
       (A) in clause (i), by striking ``or'' at the end;
       (B) in clause (ii), by striking ``and'' at the end and 
     inserting ``or''; and
       (C) 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 that has a 
     plan approved under section 471 in accordance with section 
     479B; and''.
       (b) Authority to Receive Portion of State Allotment as Part 
     of an Agreement

[[Page 19456]]

     to Operate the John H. Chafee Foster Care Independence 
     Program.--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, or 
     which is receiving funding to provide foster care under this 
     part pursuant to a cooperative agreement or contract with a 
     State, 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.--A tribe, organization, or consortium 
     desiring an allotment under paragraph (1) of this subsection 
     shall submit an application to the Secretary to directly 
     receive such allotment that includes a plan which--
       ``(A) satisfies such requirements of paragraphs (2) and (3) 
     of subsection (b) as the Secretary determines are 
     appropriate;
       ``(B) contains a description of the tribe's, 
     organization's, or consortium's consultation process 
     regarding the programs to be carried out under the plan with 
     each State for which a portion of an allotment under 
     subsection (c) would be redirected to the tribe, 
     organization, or consortium; and
       ``(C) contains an explanation of the results of such 
     consultation, particularly with respect to--
       ``(i) determining the eligibility for benefits and services 
     of Indian children to be served under the programs to be 
     carried out under the plan; and
       ``(ii) the process for consulting with the State in order 
     to ensure the continuity of benefits and services for such 
     children who will transition from receiving benefits and 
     services under programs carried out under a State plan under 
     subsection (b)(2) to receiving benefits and services under 
     programs carried out under a plan under this subsection.
       ``(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 tribe, 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 in the State (either 
     directly or under supervision of the State) that have a plan 
     approved under this subsection.''.
       (c) State and Tribal Cooperation.--
       (1) State plan requirement to negotiate in good faith.--
       (A) In general.--Section 471(a) of the Social Security Act 
     (42 U.S.C. 671(a)), as amended by sections 101(a), 103, 
     204(b), and 206 of this Act, is amended--
       (i) by striking ``and'' at the end of paragraph (30);
       (ii) by striking the period at the end of paragraph (31) 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(32) provides that the State will negotiate in good faith 
     with any Indian tribe, tribal organization or tribal 
     consortium in the State that requests to develop an agreement 
     with the State to administer all or part of the program under 
     this part on behalf of Indian children who are under the 
     authority of the tribe, organization, or consortium, 
     including foster care maintenance payments on behalf of 
     children who are placed in State or tribally licensed foster 
     family homes, adoption assistance payments, and, if the State 
     has elected to provide such payments, kinship guardianship 
     assistance payments under section 473(d), and tribal access 
     to resources for administration, training, and data 
     collection under this part.''.
       (B) Chafee program conforming amendment.--Section 
     477(b)(3)(G) of such Act (42 U.S.C. 677(b)(3)(G)) is 
     amended--
       (i) by striking ``and that'' and inserting ``that''; and
       (ii) by striking the period at the end and inserting ``; 
     and that the State will negotiate in good faith with any 
     Indian tribe, tribal organization, or tribal consortium in 
     the State that does not receive an allotment under subsection 
     (j)(4) for a fiscal year and that requests to develop an 
     agreement 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 tribe, organization, or 
     consortium 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.''.
       (2) Application of tribal federal matching rate to 
     cooperative agreements or contracts between state or 
     tribes.--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 a 
     cooperative agreement or contract entered into by the State 
     and an Indian tribe, tribal organization, or tribal 
     consortium for the administration or payment of funds under 
     this part, an amount equal to the Federal medical assistance 
     percentage that would apply under section 479B(d) (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.
       (d) Rules of Construction.--Nothing in the amendments made 
     by this section shall be construed as--
       (1) authorization to terminate funding on behalf of any 
     Indian child receiving foster care maintenance payments or 
     adoption assistance payments on the date of enactment of this 
     Act and for which the State receives Federal matching 
     payments under paragraph (1) or (2) of section 474(a) of the 
     Social Security Act (42 U.S.C. 674(a)), regardless of whether 
     a cooperative agreement or contract between the State and an 
     Indian tribe, tribal organization, or tribal consortium is in 
     effect on such date or an Indian tribe, tribal organization, 
     or tribal consortium elects subsequent to such date to 
     operate a program under section 479B of such Act (as added by 
     subsection (a) of this section); or
       (2) affecting the responsibility of a State--
       (A) as part of the plan approved under section 471 of the 
     Social Security Act (42 U.S.C. 671), to provide foster care 
     maintenance payments, adoption assistance payments, and if 
     the State elects, kinship guardianship assistance payments, 
     for Indian children who are eligible for such payments and 
     who are not otherwise being served by an Indian tribe, tribal 
     organization, or tribal consortium pursuant to a program 
     under such section 479B of such Act or a cooperative 
     agreement or contract entered into between an Indian tribe, a 
     tribal organization, or a tribal consortium and a State for 
     the administration or payment of funds under part E of title 
     IV of such Act; or
       (B) 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) of such Act or a cooperative 
     agreement or contract entered into under section 477(b)(3)(G) 
     of such Act.
       (e) Regulations.--
       (1) In general.--Except as provided in paragraph (2) of 
     this subsection, not later than 1 year after the date of 
     enactment of this section, the Secretary of Health and Human 
     Services, in consultation with Indian tribes, tribal 
     organizations, tribal consortia, and affected States, shall 
     promulgate interim final regulations to carry out this 
     section and the amendments made by this section. Such 
     regulations shall include procedures to ensure that a 
     transfer of responsibility for the placement and care of a 
     child under a State plan approved under section 471 of the 
     Social Security Act to a tribal plan approved under section 
     471 of such Act in accordance with section 479B of such Act 
     (as added by subsection (a)(1) of this section) or to an 
     Indian tribe, a tribal organization, or a tribal consortium 
     that has entered into a cooperative agreement or contract 
     with a State for the administration or payment of funds under 
     part E of title IV of such Act does not affect the 
     eligibility of, provision of services for, or the making of 
     payments on behalf of, such children under part E of title IV 
     of such Act, or the eligibility of such children for medical 
     assistance under title XIX of such Act.

[[Page 19457]]

       (2) In-kind expenditures from third-party sources for 
     purposes of determining non-federal share of administrative 
     and training expenditures.--
       (A) In general.--Subject to subparagraph (B) of this 
     paragraph, not later than September 30, 2011, the Secretary 
     of Health and Human Services, in consultation with Indian 
     tribes, tribal organizations, and tribal consortia, shall 
     promulgate interim final regulations specifying the types of 
     in-kind expenditures, including plants, equipment, 
     administration, and services, and the third-party sources for 
     such in-kind expenditures which may be claimed by tribes, 
     organizations, and consortia with plans approved under 
     section 471 of the Social Security Act in accordance with 
     section 479B of such Act, up to such percentages as the 
     Secretary, in such consultation shall specify in such 
     regulations, for purposes of determining the non-Federal 
     share of administrative and training expenditures for which 
     the tribes, organizations, and consortia may receive payments 
     for under any subparagraph of section 474(a)(3) of such Act.
       (B) Effective date.--In no event shall the regulations 
     required to be promulgated under subparagraph (A) take effect 
     prior to October 1, 2011.
       (C) Sense of the congress.--It is the sense of the Congress 
     that if the Secretary of Health and Human Services fails to 
     publish in the Federal Register the regulations required 
     under subparagraph (A) of this paragraph, the Congress should 
     enact legislation specifying the types of in-kind 
     expenditures and the third-party sources for such in-kind 
     expenditures which may be claimed by tribes, organizations, 
     and consortia with plans approved under section 471 of the 
     Social Security Act in accordance with section 479B of such 
     Act, up to specific percentages, for purposes of determining 
     the non-Federal share of administrative and training 
     expenditures for which the tribes, organizations, and 
     consortia may receive payments for under any subparagraph of 
     section 474(a)(3) of such Act.
       (f) Effective Date.--The amendments made by subsections 
     (a), (b), and (c) shall take effect on October 1, 2009, 
     without regard to whether the regulations required under 
     subsection (e)(1) have been promulgated by such date.

     SEC. 302. TECHNICAL ASSISTANCE AND IMPLEMENTATION.

       Section 476 of the Social Security Act (42 U.S.C. 676) is 
     amended by adding at the end the following:
       ``(c) Technical Assistance and Implementation Services for 
     Tribal Programs.--
       ``(1) Authority.--The Secretary shall provide technical 
     assistance and implementation services that are dedicated to 
     improving services and permanency outcomes for Indian 
     children and their families through the provision of 
     assistance described in paragraph (2).
       ``(2) Assistance provided.--
       ``(A) In general.--The technical assistance and 
     implementation services shall be to--
       ``(i) provide information, advice, educational materials, 
     and technical assistance to Indian tribes and tribal 
     organizations with respect to the types of services, 
     administrative functions, data collection, program 
     management, and reporting that are required under State plans 
     under part B and this part;
       ``(ii) assist and provide technical assistance to--

       ``(I) Indian tribes, tribal organizations, and tribal 
     consortia seeking to operate a program under part B or under 
     this part through direct application to the Secretary under 
     section 479B; and
       ``(II) Indian tribes, tribal organizations, tribal 
     consortia, and States seeking to develop cooperative 
     agreements to provide for payments under this part or satisfy 
     the requirements of section 422(b)(9), 471(a)(32), or 
     477(b)(3)(G); and

       ``(iii) subject to subparagraph (B), make one-time grants, 
     to tribes, tribal organizations, or tribal consortia that are 
     seeking to develop, and intend, not later than 24 months 
     after receiving such a grant to submit to the Secretary a 
     plan under section 471 to implement a program under this part 
     as authorized by section 479B, that shall--

       ``(I) not exceed $300,000; and
       ``(II) be used for the cost of developing a plan under 
     section 471 to carry out a program under section 479B, 
     including costs related to development of necessary data 
     collection systems, a cost allocation plan, agency and tribal 
     court procedures necessary to meet the case review system 
     requirements under section 475(5), or any other costs 
     attributable to meeting any other requirement necessary for 
     approval of such a plan under this part.

       ``(B) Grant condition.--
       ``(i) In general.--As a condition of being paid a grant 
     under subparagraph (A)(iii), a tribe, tribal organization, or 
     tribal consortium shall agree to repay the total amount of 
     the grant awarded if the tribe, tribal organization, or 
     tribal consortium fails to submit to the Secretary a plan 
     under section 471 to carry out a program under section 479B 
     by the end of the 24-month period described in that 
     subparagraph.
       ``(ii) Exception.--The Secretary shall waive the 
     requirement to repay a grant imposed by clause (i) if the 
     Secretary determines that a tribe's, tribal organization's, 
     or tribal consortium's failure to submit a plan within such 
     period was the result of circumstances beyond the control of 
     the tribe, tribal organization, or tribal consortium.
       ``(C) Implementation authority.--The Secretary may provide 
     the technical assistance and implementation services 
     described in subparagraph (A) either directly or through a 
     grant or contract with public or private organizations 
     knowledgeable and experienced in the field of Indian tribal 
     affairs and child welfare.
       ``(3) Appropriation.--There is appropriated to the 
     Secretary, out of any money in the Treasury of the United 
     States not otherwise appropriated, $3,000,000 for fiscal year 
     2009 and each fiscal year thereafter to carry out this 
     subsection.''.

            TITLE IV--IMPROVEMENT OF INCENTIVES FOR ADOPTION

     SEC. 401. 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''.
       (e) Additional Incentive Payment for Exceeding the Highest 
     Ever Foster Child Adoption Rate.--
       (1) In general.--Section 473A(d) of such Act (42 U.S.C. 
     673b(d)) is amended--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``paragraph (2)'' and inserting ``paragraphs 
     (2) and (3)'';
       (B) in paragraph (2), by striking ``this section'' each 
     place it appears and inserting ``paragraph (1)''; and
       (C) by adding at the end the following:
       ``(3) Increased incentive payment for exceeding the highest 
     ever foster child adoption rate.--
       ``(A) In general.--If--
       ``(i) for fiscal year 2009 or any fiscal year thereafter 
     the total amount of adoption incentive payments payable under 
     paragraph (1) of this subsection are less than the amount 
     appropriated under subsection (h) for the fiscal year; and
       ``(ii) a State's foster child adoption rate for that fiscal 
     year exceeds the highest ever foster child adoption rate 
     determined for the State,
     then the adoption incentive payment otherwise determined 
     under paragraph (1) of this subsection for the State shall be 
     increased, subject to subparagraph (C) of this paragraph, by 
     the amount determined for the State under subparagraph (B) of 
     this paragraph.
       ``(B) Amount of increase.--For purposes of subparagraph 
     (A), the amount determined under this subparagraph with 
     respect to a State and a fiscal year is the amount equal to 
     the product of--
       ``(i) $1,000; and
       ``(ii) the excess of--

       ``(I) the number of foster child adoptions in the State in 
     the fiscal year; over
       ``(II) the product (rounded to the nearest whole number) 
     of--

       ``(aa) the highest ever foster child adoption rate 
     determined for the State; and
       ``(bb) the number of children in foster care under the 
     supervision of the State on the last day of the preceding 
     fiscal year.

[[Page 19458]]

       ``(C) Pro rata adjustment if insufficient funds 
     available.--For any fiscal year, if the total amount of 
     increases in adoption incentive payments otherwise payable 
     under this paragraph for a fiscal year exceeds the amount 
     available for such increases for the fiscal year, the amount 
     of the increase payable to each State under this paragraph 
     for the fiscal year shall be--
       ``(i) the amount of the increase that would otherwise be 
     payable to the State under this paragraph for the fiscal 
     year; multiplied by
       ``(ii) the percentage represented by the amount so 
     available for the fiscal year, divided by the total amount of 
     increases otherwise payable under this paragraph for the 
     fiscal year.''.
       (2) Definitions.--Section 473A(g) of such Act (42 U.S.C. 
     673b(g)) is amended by adding at the end the following:
       ``(7) Highest ever foster child adoption rate.--The term 
     `highest ever foster child adoption rate' means, with respect 
     to any fiscal year, the highest foster child adoption rate 
     determined for any fiscal year in the period that begins with 
     fiscal year 2002 and ends with the preceding fiscal year.
       ``(8) Foster child adoption rate.--The term `foster child 
     adoption rate' means, with respect to a State and a fiscal 
     year, the percentage determined by dividing--
       ``(A) the number of foster child adoptions finalized in the 
     State during the fiscal year; by
       ``(B) the number of children in foster care under the 
     supervision of the State on the last day of the preceding 
     fiscal year.''.
       (3) Conforming amendments.--
       (A) State eligibility.--Section 473A(b)(2) of such Act (42 
     U.S.C. 673b(b)(2)) is amended--
       (i) in subparagraph (A), by striking ``or'' at the end;
       (ii) in subparagraph (B), by adding ``or'' at the end; and
       (iii) by adding at the end the following:
       ``(C) the State's foster child adoption rate for the fiscal 
     year exceeds the highest ever foster child adoption rate 
     determined for the State;''.
       (B) Data.--Section 473A(c)(2) of such Act (42 U.S.C. 
     673b(c)(2)), as amended by subsection (a)(3) of this section, 
     is amended by inserting ``and the foster child adoption rate 
     for the State for the fiscal year,'' after ``during a fiscal 
     year,''.

     SEC. 402. PROMOTION OF ADOPTION OF CHILDREN WITH SPECIAL 
                   NEEDS.

       Section 473 of the Social Security Act (42 U.S.C. 673), as 
     amended by section 101(b) of this Act, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) by redesignating items (aa) and (bb) of clause (i)(I) 
     as subitems (AA) and (BB), respectively;
       (II) in subitem (BB) of clause (i)(I) (as so redesignated), 
     by striking ``item (aa) of this subclause'' and inserting 
     ``subitem (AA) of this item'';
       (III) by redesignating subclauses (I) through (III) of 
     clause (i) as items (aa) through (cc), respectively;
       (IV) by redesignating clauses (i) and (ii) as subclauses 
     (I) and (II), respectively;
       (V) by realigning the margins of the items, subclauses, and 
     clauses redesignated by subclauses (I) through (IV) 
     accordingly;
       (VI) by striking ``if the child--'' and inserting ``if--

       ``(i) in the case of a child who is not an applicable child 
     for the fiscal year (as defined in subsection (e)), the 
     child--'';

       (VII) in subclause (II) of clause (i) (as so 
     redesignated)--

       (aa) by striking ``(c)'' and inserting ``(c)(1)''; and
       (bb) by striking the period at the end and inserting ``; 
     or''; and

       (VIII) by adding at the end the following:

       ``(ii) in the case of a child who is an applicable child 
     for the fiscal year (as so defined), the child--
       ``(I)(aa) at the time of initiation of adoption proceedings 
     was in the care of a public or licensed private child 
     placement agency or Indian tribal organization pursuant to--
       ``(AA) an involuntary removal of the child from the home in 
     accordance with a judicial determination to the effect that 
     continuation in the home would be contrary to the welfare of 
     the child; or
       ``(BB) a voluntary placement agreement or voluntary 
     relinquishment;
       ``(bb) meets all medical or disability requirements of 
     title XVI with respect to eligibility for supplemental 
     security income benefits; or
       ``(cc) was residing in a foster family home or child care 
     institution with the child's minor parent, and the child's 
     minor parent was in such foster family home or child care 
     institution pursuant to--
       ``(AA) an involuntary removal of the child from the home in 
     accordance with a judicial determination to the effect that 
     continuation in the home would be contrary to the welfare of 
     the child; or
       ``(BB) a voluntary placement agreement or voluntary 
     relinquishment; and
       ``(II) has been determined by the State, pursuant to 
     subsection (c)(2), to be a child with special needs.''; and
       (ii) in subparagraph (C)--

       (I) by redesignating subclauses (I) and (II) of clause 
     (iii) as items (aa) and (bb), respectively;
       (II) by redesignating subclauses (I) and (II) of clause 
     (iv) as items (aa) and (bb), respectively;
       (III) by redesignating clauses (i) through (iv) as 
     subclauses (I) through (IV), respectively;
       (IV) by realigning the margins of the subclauses and 
     clauses redesignated by subclauses (I) through (III) 
     accordingly;
       (V) by striking ``if the child--'' and inserting ``if--

       ``(i) in the case of a child who is not an applicable child 
     for the fiscal year (as defined in subsection (e)), the 
     child--'';

       (VI) in clause (i)(I) (as so redesignated), by striking 
     ``(A)(ii)'' and inserting ``(A)(i)(II)'';
       (VII) in clause (i)(IV) (as so redesignated)--

       (aa) in the matter preceding item (aa), by striking ``(A)'' 
     and inserting ``(A)(i)''; and
       (bb) by striking the period at the end and inserting ``; 
     or''; and

       (VIII) by adding at the end the following:

       ``(ii) in the case of a child who is an applicable child 
     for the fiscal year (as so defined), the child meets the 
     requirements of subparagraph (A)(ii)(II), is determined 
     eligible for adoption assistance payments under this part 
     with respect to a prior adoption (or who would have been 
     determined eligible for such payments had the Adoption and 
     Safe Families Act of 1997 been in effect at the time that 
     such determination would have been made), and is available 
     for adoption because the prior adoption has been dissolved 
     and the parental rights of the adoptive parents have been 
     terminated or because the child's adoptive parents have 
     died.''; and
       (B) by adding at the end the following:
       ``(7)(A) Notwithstanding any other provision of this 
     subsection, no payment may be made to parents with respect to 
     any applicable child for a fiscal year that--
       ``(i) would be considered a child with special needs under 
     subsection (c)(2);
       ``(ii) is not a citizen or resident of the United States; 
     and
       ``(iii) was adopted outside of the United States or was 
     brought into the United States for the purpose of being 
     adopted.
       ``(B) Subparagraph (A) shall not be construed as 
     prohibiting payments under this part for an applicable child 
     described in subparagraph (A) that is placed in foster care 
     subsequent to the failure, as determined by the State, of the 
     initial adoption of the child by the parents described in 
     subparagraph (A).
       ``(8) A State shall spend an amount equal to the amount of 
     savings (if any) in State expenditures under this part 
     resulting from the application of paragraph (2)(A)(ii) to all 
     applicable children for a fiscal year to provide to children 
     or families any service (including post-adoption services) 
     that may be provided under this part or part B.'';
       (2) in subsection (c)--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and realigning the 
     margins accordingly;
       (B) by striking ``this section, a child shall not be 
     considered a child with special needs unless'' and inserting 
     ``this section--
       ``(1) in the case of a child who is not an applicable child 
     for a fiscal year, the child shall not be considered a child 
     with special needs unless''; and
       (C) in paragraph (1)(B), as so redesignated, by striking 
     the period at the end and inserting ``; or''; and
       (D) by adding at the end the following:
       ``(2) in the case of a child who is an applicable child for 
     a fiscal year, the child shall not be considered a child with 
     special needs unless--
       ``(A) the State has determined, pursuant to a criterion or 
     criteria established by the State, that the child cannot or 
     should not be returned to the home of his parents;
       ``(B)(i) the State has determined that there exists with 
     respect to the child a specific factor or condition (such as 
     ethnic background, age, or membership in a minority or 
     sibling group, or the presence of factors such as medical 
     conditions or physical, mental, or emotional handicaps) 
     because of which it is reasonable to conclude that the child 
     cannot be placed with adoptive parents without providing 
     adoption assistance under this section and medical assistance 
     under title XIX; or
       ``(ii) the child meets all medical or disability 
     requirements of title XVI with respect to eligibility for 
     supplemental security income benefits; and
       ``(C) the State has determined that, except where it would 
     be against the best interests of the child because of such 
     factors as the existence of significant emotional ties with 
     prospective adoptive parents while in the care of the parents 
     as a foster child, a reasonable, but unsuccessful, effort has 
     been made to place the child with appropriate adoptive 
     parents without providing adoption assistance under this 
     section or medical assistance under title XIX.''; and
       (3) by adding at the end the following:
       ``(e) Applicable Child Defined.--
       ``(1) On the basis of age.--
       ``(A) In general.--Subject to paragraphs (2) and (3), in 
     this section, the term `applicable child' means a child for 
     whom an adoption assistance agreement is entered into under 
     this section during any fiscal year described in subparagraph 
     (B) if the child attained the applicable age for that fiscal 
     year before the end of that fiscal year.

[[Page 19459]]

       ``(B) Applicable age.--For purposes of subparagraph (A), 
     the applicable age for a fiscal year is as follows:


------------------------------------------------------------------------
       ``In the case of fiscal year:           The applicable  age is:
------------------------------------------------------------------------
2010......................................  16
2011......................................  14
2012......................................  12
2013......................................  10
2014......................................  8
2015......................................  6
2016......................................  4
2017......................................  2
2018 or thereafter........................  any age.
------------------------------------------------------------------------

       ``(2) Exception for duration in care.--Notwithstanding 
     paragraph (1) of this subsection, beginning with fiscal year 
     2010, such term shall include a child of any age on the date 
     on which an adoption assistance agreement is entered into on 
     behalf of the child under this section if the child--
       ``(A) has been in foster care under the responsibility of 
     the State for at least 60 consecutive months; and
       ``(B) meets the requirements of subsection (a)(2)(A)(ii).
       ``(3) Exception for member of a sibling group.--
     Notwithstanding paragraphs (1) and (2) of this subsection, 
     beginning with fiscal year 2010, such term shall include a 
     child of any age on the date on which an adoption assistance 
     agreement is entered into on behalf of the child under this 
     section without regard to whether the child is described in 
     paragraph (2)(A) of this subsection if the child--
       ``(A) is a sibling of a child who is an applicable child 
     for the fiscal year under paragraph (1) or (2) of this 
     subsection;
       ``(B) is to be placed in the same adoption placement as an 
     applicable child for the fiscal year who is their sibling; 
     and
       ``(C) meets the requirements of subsection 
     (a)(2)(A)(ii).''.

     SEC. 403. INFORMATION ON ADOPTION TAX CREDIT.

       Section 471(a) of the Social Security Act (42 U.S.C. 
     671(a)), as amended by sections 101(a), 103, 204(b), 206, and 
     301(c)(1)(A) of this Act, is amended--
       (1) by striking ``and'' at the end of paragraph (31);
       (2) by striking the period at the end of paragraph (32) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(33) 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 of 1986.''.

    TITLE V--CLARIFICATION OF UNIFORM DEFINITION OF CHILD AND OTHER 
                               PROVISIONS

     SEC. 501. CLARIFICATION OF UNIFORM DEFINITION OF CHILD.

       (a) Child Must Be Younger Than Claimant.--Section 
     152(c)(3)(A) of the Internal Revenue Code of 1986 is amended 
     by inserting ``is younger than the taxpayer claiming such 
     individual as a qualifying child and'' after ``such 
     individual''.
       (b) Child Must Be Unmarried.--Section 152(c)(1) of such 
     Code is amended by striking ``and'' at the end of 
     subparagraph (C), by striking the period at the end of 
     subparagraph (D) and inserting ``, and'', and by adding at 
     the end the following new subparagraph:
       ``(E) who has not filed a joint return (other than only for 
     a claim of refund) with the individual's spouse under section 
     6013 for the taxable year beginning in the calendar year in 
     which the taxable year of the taxpayer begins.''.
       (c) Restrict Qualifying Child Tax Benefits to Child's 
     Parent.--
       (1) Child tax credit.--Section 24(a) of such Code is 
     amended by inserting ``for which the taxpayer is allowed a 
     deduction under section 151'' after ``of the taxpayer''.
       (2) Persons other than parents claiming qualifying child.--
       (A) In general.--Section 152(c)(4) of such Code is amended 
     by adding at the end the following new subparagraph:
       ``(C) No parent claiming qualifying child.--If the parents 
     of an individual may claim such individual as a qualifying 
     child but no parent so claims the individual, such individual 
     may be claimed as the qualifying child of another taxpayer 
     but only if the adjusted gross income of such taxpayer is 
     higher than the highest adjusted gross income of any parent 
     of the individual.''.
       (B) Conforming amendments.--
       (i) Section 152(c)(4)(A) of such Code is amended by 
     striking ``Except'' through ``2 or more taxpayers'' and 
     inserting ``Except as provided in subparagraphs (B) and (C), 
     if (but for this paragraph) an individual may be claimed as a 
     qualifying child by 2 or more taxpayers''.
       (ii) The heading for section 152(c)(4) of such Code is 
     amended by striking ``claiming'' and inserting ``who can 
     claim the same''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

     SEC. 502. 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 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. 503. 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.

                        TITLE VI--EFFECTIVE DATE

     SEC. 601. 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.

  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.


                             General Leave

  Mr. McDERMOTT. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks 
and to include extraneous material on this bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  Mr. McDERMOTT. Madam Speaker, I yield myself such time as I might 
consume.
  Children in foster care are sometimes called our forgotten children. 
We are here to banish that thought forever. We are here to provide 
children in foster care the same things that all children need, family, 
support and an equal chance to succeed.
  With that goal in mind, the House unanimously passed legislation in 
June to improve the Nation's child welfare system. The bill we are 
considering today is a modified version of that legislation, and it 
reflects an agreement with Senators Baucus, Grassley and Rockefeller, 
who have been working on similar legislation.
  This agreement maintains all the critical provisions in the House-
passed bill, such as helping grandparents and other relatives who want 
to permanently care for children in foster care and extending 
assistance to thousands of children who now age out of foster care 
every year on their 18th birthday.
  In addition, the legislation now includes a provision that will begin 
to

[[Page 19460]]

make sure that all special needs children are eligible for adoption 
assistance, not just those who come from a family that is eligible for 
a welfare program that no longer exists.
  When a child is removed from his or her home because of abuse or 
neglect, government, on behalf of society, becomes legally responsible 
for that child. All of us, therefore, act as parents to children in 
foster care. But for too many foster care children, we fail to fully 
live up to our parental responsibilities.
  We fail to provide them with permanent homes. We fail to meet their 
health and education needs, and we fail to help them find their way in 
the world.
  Perhaps the most obvious example of our failure is when foster 
children are literally pushed out into the streets when they are 18 
years old. No parent I know abandons their children at age 18, and yet 
that is what our Federal policy for foster care does.
  It says to kids to have been abused or neglected, who have been 
removed from their homes, or who have been placed many times in 
multiple foster homes that we expect more of them than we would expect 
of anyone else, including our own children. We displace them from their 
homes and from any meaningful financial support, and tell them, make it 
on your own, you are on your own.
  Another example is our failure and the inconsistent effort to help 
foster children stay connected to their families. We have a system that 
tells grandparents that they will be denied any assistance if they 
become legal guardians for 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 care.
  Additionally, siblings are too often split apart at the time of 
placement. Just when a foster child most needs their brother or sister, 
they are sometimes separated from them.
  Ensuring school stability is yet another area where we too often come 
up short. Not enough is done to ensure children can stay in their 
current schools when they are placed in foster care. We rob them of the 
one place where they may actually feel secure.
  We also hear too many stories about foster children not receiving 
adequate health services, especially for mental health. Furthermore, we 
have a special duty to ensure the prescription medications foster 
children are receiving are effective and appropriate, instead of quick 
and easy.
  Finally, we don't provide adequate assistance for Native American 
children who are removed from their homes and then cared for in the 
tribal communities.
  The Fostering Connections to Success and Increasing Adoptions Act 
would provide new supports and protections to address many of the 
concerns I just outlined. The legislation would allow States to extend 
foster care up to the age of 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, this bill 
would provide Federal payments to relatives who become legal guardians 
of children for whom they have cared as foster parents. It also 
requires improved efforts to keep siblings together when they are 
removed from their homes.
  The measure would require increased oversight on health care needs of 
foster children, focusing on the assessment, the treatment of health 
conditions, continuity of care, and monitoring the use of prescription 
drugs. There is also renewed attention paid to ensuring educational 
stability for children in foster care, including avoiding frequent 
school changes.
  Additionally, this bill gives tribes equal and fair access to Federal 
resources dedicated to keeping vulnerable children safe. For the first 
time, a tribal child welfare program would directly receive Federal 
foster care funding.
  The legislation would also provide new resources to ensure all child 
welfare workers have equal access to training, which ultimately results 
in better care for children.
  This bill extends and improves incentives for States that increase 
the number of children adopted out of the foster care system. To ensure 
that we are adequately helping all families adopting special needs 
children out of the foster care system, the bill will phase out a 
requirement that an adopted child's birth parents be eligible for 
welfare under outdated rules from a program that no longer exists.
  The legislation includes two provisions that save money and thereby 
ensures that the bill is completely budget neutral. The first provision 
would clarify the uniform definition of a child for tax purposes to 
ensure that the earned income tax credit and other tax benefits are 
being provided to the families for which the benefits were intended.
  The second provision would allow the Treasury Department to improve 
its management of the government's short-term operating cash. This 
language, which has been recommended by the GAO and proposed by the 
administration, would permit investment of cash in a broader number of 
institutions, thereby reducing the current concentration of risk and 
increasing the rate of return.
  I want to thank, again, my ranking member, Jerry Weller, who is going 
to leave us. He has been a real partner in striving to work for and 
improve the lives of children in the foster care system. His efforts 
will be missed when he leaves Congress at the end of this session, but 
enacting this bill will surely send him out on a high note.
  Before I yield to Mr. Weller, I would like to talk about another 
Member of Congress who is not with us today.
  The passing of Stephanie Tubbs Jones was a great shock to all of us 
who worked with her. We were always impressed by her tireless energy 
and her infectious smile.
  Stephanie was a true champion for vulnerable families and children. 
In fact, her first legislative achievement in Congress was a bill 
designed to improve training opportunities for caseworkers in the child 
welfare system.

                              {time}  1245

  In recognition of Representative Tubbs Jones' efforts to help 
vulnerable kids, this bill names the primary source of Federal funding 
for the Social Security Act for Child Protective Services after her, as 
well as making several improvements to the program.
  The Stephanie Tubbs Jones Child Welfare Services Program will help 
at-risk children for many years and decades to come, just as she did 
during her life.
  In conclusion, this bill does not address every challenge confronting 
children in the welfare system, but will take a major step toward 
correcting many of the system's shortcomings. I only wish Jerry was 
going to be here to work with me while we put a bigger bill through 
next year.
  This legislation is bipartisan, budget neutral, and good for kids; 
therefore, it deserves the support of every Member of the House, as it 
did when it passed unanimously some months ago.
  I reserve the balance of my time.
  Mr. WELLER of Illinois. Madam Speaker, I yield myself such time as I 
may consume.
  Madam Speaker, I am proud to rise in support of H.R. 6893, the 
Fostering Connections to Success and Increasing Adoptions Act, 
legislation I am proud to cosponsor with my chairman, Mr. McDermott.
  This bipartisan, bicameral House-Senate agreement extends the 
Adoptions Incentives program, which has earned due praise for 
increasing adoptions from the Nation's foster care system. It improves 
the program by raising financial incentives for adopting older children 
who are the hardest to adopt, among other changes. That program expires 
in 2 weeks, so passage of this legislation is both necessary and 
timely.
  But this bill does much, much more. It expands the eligibility of 
special needs children for Federal adoption assistance, promoting the 
adoption of thousands more children out of the foster care system in 
the coming years. Along the way, it places a priority on older 
children, children in foster care

[[Page 19461]]

the longest, and sibling groups who are the hardest to find adoptive 
families.
  The bill also promotes stronger family ties in caring for children 
removed from their own parents due to abuse and neglect, and expects 
States to do more to locate adult relatives like grandparents or aunts 
and uncles who can step in to care for such children. And by permitting 
child welfare agencies access to information from the child support 
program, the bill helps provide tools to help with that process.
  It allows States to provide Federal payments to help those adults 
care for children. And it helps those adults obtain other assistance to 
ensure kids in their care can thrive. Instead of busting the budget, 
these pro-family changes actually save money by cutting expensive 
foster care administrative costs, while most importantly, improving the 
outcomes for kids in need of a loving home.
  The bill also responds to concerns that too many youth today are 
``emancipated'' from foster care at age 18 and end up on the streets, 
in jail, or worse. It offers more help for these older foster youth, 
providing for their care through age 21 as a State option. But like any 
responsible parent would expect, it requires able-bodied young people 
over age 18 to work, stay in school, or participate in training to 
receive the additional help. Like successful welfare reform policies of 
the 1990s, it conditions assistance on youths engaging in positive 
behavior.
  The same goes for foster and adoptive youth under age 18. For the 
first time, they would have to stay in school for their foster parents 
to receive Federal financial assistance. That may be tough love, but it 
is far more loving than subsidizing high school dropouts as taxpayers 
often do today for a shocking share of young people in foster care.
  I am honored that this legislation includes two provisions I have 
worked for years to pass and which will benefit children in foster 
care. First, it ensures equal access to foster care assistance for 
Native American children, allowing tribes to operate programs just like 
the States do today.
  Second, it provides that all child welfare workers, whether employed 
by public or not-for-profit agencies, have access to the same resources 
for training so they can provide the best service to families and most 
of all children in foster care.
  Madam Speaker, this legislation is good for children and for 
families. It is good for communities, and it is good for taxpayers. It 
is fully paid for, including by reducing unnecessary foster care 
administrative costs and by incorporating antifraud reforms proposed by 
the administration, amongst other savings. It is bipartisan, and 
includes the best of legislation developed by the House and Senate to 
better protect and support children. I urge all Members to support this 
excellent piece of legislation.
  Madam Speaker, as this is the final major legislative activity in the 
subcommittee on which I serve as ranking member, I would like to thank 
the hardworking staff who have made this legislation possible. On the 
Ways and Means Committee Republican staff, I would especially like to 
thank Matt Weidinger, Margo Smith, and Brian Newell, who have helped me 
as ranking member of the Income Security Subcommittee.
  Last, but not least, I would also like to thank Jack Dusik, who has 
handled much of my Ways and Means Committee activities for over 5 
years. Jack has been a tireless servant of the American people and a 
great asset to me in representing the 11th Congressional District, and 
I wish him well as he moves onward.
  Finally, Madam Speaker, I would like to extend my gratitude to my 
friend, Chairman McDermott, for his friendship over my years in 
Congress. It has been a real pleasure working with him as a strong 
partner in fighting for America's disadvantaged youth on the Income 
Security and Family Support Subcommittee.
  Madam Speaker, I urge bipartisan support for this important 
bipartisan legislation.
  I reserve the balance of my time.
  Mr. McDERMOTT. Madam Speaker, I yield 2 minutes to the gentleman from 
California (Mr. Stark).
  Mr. STARK. Madam Speaker, I point out that this subcommittee stands 
as proxy parents for half a million children in this country who spend 
time in foster care each year. So I would like to thank Grandpa 
McDermott and Grandpa Weller on behalf of these 500,000 children whose 
lives are being improved, and Grandma Tauscher, for helping see that 
these children's lives are improved.
  I was lucky enough to have Cherita Jones, a former foster youth, as 
an intern in my office earlier this year. Cherita worked hard and was 
lucky to live with a caring foster family. She is now out working as an 
advocate for foster children. I am proud that we are taking this step 
here today.
  This bill does, in fact, continue foster children's care beyond age 
18, and it further allows relatives, grandparents, to participate in 
supporting the foster children and allows them in many cases to live in 
loving homes rather than group homes and less permanent settings.
  I hope we can continue to work together to improve their lives, and I 
look forward to working with Chairman McDermott to protect the Social 
Security benefits of foster children and make sure that these resources 
are used for the benefit of these children and not as a funding source 
for general revenue to many States. I urge the adoption of the bill.
  Mr. WELLER of Illinois. Madam Speaker, I reserve the balance of my 
time.
  Mr. McDERMOTT. Madam Speaker, I yield 2 minutes to the gentleman from 
Illinois (Mr. Davis).
  Mr. DAVIS of Illinois. Madam Speaker, today is a good day for the 
more than 4\1/2\ million grandparents in this Nation who are raising 
over 6 million children. Today is a good day for the 80,000 
grandparents in Illinois who are raising their young grandchildren, and 
the 36,500 who are living with kinship caregivers. These families have 
told Members of Congress for years that they needed more support and 
that the system wasn't working for many children, and especially for 
African American kids.
  Today we can tell them that we heard you and we are doing something 
about it. I commend Chairman McDermott, Ranking Member Weller, as well 
as Senators Clinton, Snowe, Grassley, Baucus and Rockefeller for their 
commitment to reforming foster care.
  I rise in strong, unwavering, and resolute support for H.R. 6893. 
This compromise between the House and Senate advances child welfare in 
many areas. In particular, it recognizes that guardianship is an 
important path to permanency for tens of thousands of children in 
foster care.
  In August 2007, the GAO confirmed something that my congressional 
district and the foster care community has known for years--that 
African American children are overrepresented in the foster care 
system, and that subsidized guardianship is a key Federal policy that 
can help thousands of children into permanent, loving homes.
  I thank Chairman McDermott and Ranking Member Weller for including 
many of the provisions supporting kinship caregivers that I have 
championed for years. Specifically, the bill includes four core 
elements of my bill, H.R. 2188, the Kinship Caregiver Support Act, 
which I introduced with Representative Tim Johnson and which Senators 
Clinton and Snowe championed in the Senate.
  It allows States to use Federal funds to support family caregivers 
raising relatives in the foster care systems.
  The SPEAKER pro tempore. The gentleman's time has expired.
  Mr. McDERMOTT. I yield the gentleman an additional minute.
  Mr. DAVIS of Illinois. It provides funding to establish kinship 
navigator programs; it requires notification of relatives when a child 
enters foster care; it extends eligibility for independent living 
services and education training vouchers for youth who exit foster care 
after age 16; and it allows States to waive nonsafety-related elements 
of the licensing requirements that may not apply to families.

[[Page 19462]]

  In addition, I am very happy that the bill ensures that families that 
currently receive subsidized guardianship under the current Federal 
waiver program will be eligible under the new program. This provision 
protects over 6,000 children in Illinois, as well as the thousands of 
children in other States who benefit from the waiver program.
  So again, Madam Speaker, I want to commend Chairman McDermott and 
Ranking Member Weller, and I also want to congratulate my colleague, 
Mr. Weller, as he prepares to leave Congress after a stellar career, 
and I thank Chairman McDermott for acknowledging the work of Stephanie 
Tubbs Jones. This is an excellent bill, and I urge its passage.
  Mr. WELLER of Illinois. Madam Speaker, I want to commend my friend 
and colleague from Illinois (Mr. Davis) for his efforts on behalf of 
families and his contribution to this bipartisan legislation.
  Madam Speaker, I yield 3 minutes to the gentlewoman from North 
Carolina (Ms. Foxx).
  Ms. FOXX. Madam Speaker, I want to thank my colleague from Illinois.
  I think what we need to be doing here today is continuing to alert 
the American people to what is not happening in terms of dealing with 
the energy situation in the United States.
  Last night, House Democrats rejected any efforts on behalf of the 
Republicans to pass bipartisan energy legislation. They rejected our 
efforts to do that and they rammed through a sham, hoax, illusory, no-
energy bill that falls way short of the all-of-the-above solution that 
the American people are demanding.
  The bill passed by a vote of 236-189, and that should tell the 
American people how much opposition there was to this no-energy bill.
  Even Democrats have indicated that this was the wrong bill. Senator 
Mary Landrieu has said that the bill is going to be dead on arrival in 
the Senate. So we know this was simply a vote, as has been publicized 
in Congressional Quarterly and other publications here in Washington, 
that was simply a cover for Democrats who are running for reelection.
  Representative Gene Green said, ``I do not believe our bill goes far 
enough to address America's energy needs.''
  Even they admit that what was done last night did not respond to the 
needs of the American people. We are going to continue to discuss this 
on this floor and even after the Congress adjourns. We also should 
point out that from the first of August until the end of December, this 
Democrat-controlled Congress plans to work 14 days. While Americans are 
facing the highest energy prices they have ever faced in this country, 
the Democrat-controlled Congress plans to be in session and work for 14 
days in a 5-month period of time. That is shameless. That is 
unacceptable.
  We need to be helping the American people by bringing down the price 
of gasoline. We can do that. Republicans have a bill that will do that. 
We even would support the bipartisan bill that we introduced last 
night, but that isn't good enough. All they want is a cover for their 
Members to go back home and say we voted to drill for more energy.

                              {time}  1300

  That's not true. By not revenue sharing, they're stealing money from 
the States who would opt in to do this.
  Mr. McDERMOTT. Madam Speaker, I reserve the balance of my time.
  Mr. WELLER of Illinois. Madam Speaker, I have no additional speakers, 
so I will close for our side.
  As the chairman and I have both stated, this is bipartisan, bicameral 
legislation, broadly supported. I would note I have a number of letters 
of support. I would like to insert into the Record at this point, Madam 
Speaker, a letter from the National Conference of State Legislatures, a 
letter from the Conference of Chief Justices, the Conference of State 
Court Administrators, as well as a letter signed by 581 national, State 
and local organizations from every State in the Union in support of 
this bipartisan, bicameral legislation designed to help kids, 
particularly those who need adoption.

                                               September 15, 2008.
     Hon. Harry Reid,
     Majority Leader,
     528 Hart Senate Office Building, Washington, DC.
     Hon. Nancy Pelosi,
     Office of the Speaker,
     H-232, U.S. Capitol, Washington, DC.
     Hon. Mitch McConnell,
     Minority Leader
     61-A Russell Senate Office Building, Washington, DC.
     Hon. John Boehner,
     Republican Leader,
     Office of the House,
     H-204, U.S. Capitol, Washington, DC.
       Dear Majority Leader Reid, Speaker Pelosi, Minority Leader 
     McConnell, and Republican Leader Boehner: We are writing to 
     urge you to take necessary steps to ensure passage this month 
     of important improvements in supports for children and youth 
     in foster care, including new opportunities for permanent 
     families through adoption and relative guardianship and other 
     assistance for older youth transitioning from foster care. 
     The House unanimously passed the Fostering Connections to 
     Success Act in June and the Senate Finance Committee approved 
     a similar bill last week. Today, the relevant committees 
     announced agreement on H.R. 6893 that reconciles the House 
     and Senate bills. As 581 national and state and local 
     organizations from every state that advocate for the children 
     and youth who will benefit from these improvements, we want 
     to ensure that H.R. 6893, the Fostering Connections to 
     Success and Increasing Adoptions Act of 2008, will be passed 
     during this session of Congress.
       The Act has bipartisan support and is fully paid for. Its 
     important improvements will help hundreds of thousands of 
     children and youth in foster care by:
       Extending and increasing incentives for adoption, 
     particularly incentives for the adoption of children with 
     special needs and older youth in foster care and making many 
     more children with special needs eligible for federal 
     adoption assistance.
       Allowing states to offer, for the first time with federal 
     assistance, guardianship payments for children who are in 
     foster care but who have grandparents or other relative 
     guardians who want to care for them permanently outside of 
     foster care.
       Making it easier for immediate relatives to step in to 
     raise children when their parents cannot by requiring 
     notification of relatives when children are removed from 
     their parents and grants to link caregivers with the services 
     their children need.
       Offering important protections and supports for American 
     Indian children in foster care, by allowing tribes, for the 
     first time, the same direct access to federal foster care, 
     adoption assistance and relative guardianship funding that 
     states have.
       Increasing opportunities for success for older youth in 
     foster care as they transition into adult life by allowing 
     them to receive federal foster care payments beyond the age 
     of 18.
       Improving educational opportunities for children and youth 
     in foster care, which will also increase their opportunities 
     for later success.
       Promoting the health care of children and youth in foster 
     care.
       Expanding training opportunities for relative guardians, 
     staff in private agencies and the courts, and attorneys and 
     others representing children.
       These reforms encompass many of the critical improvements 
     that former foster youth, adoptive parents, relative 
     caregivers, and others have been requesting of Congress for 
     years. We commend you for your leadership and commitment to 
     addressing the needs of our nation's most vulnerable children 
     and youth. The organizations below support timely enactment 
     of these important improvements for children and youth in 
     foster care.
           Respectfully yours,
       Adopt America Network, Alliance for Children and Families, 
     American Academy for Child and Adolescent Psychiatry, 
     American Academy of Adoption Attorneys, American Academy of 
     Pediatrics, American Association of Children's Residential 
     Centers, American Humane Association, American Professional 
     Society on the Abuse of Children, American Psychological 
     Association, The Arc of the U.S., Association on American 
     Indian Affairs.
       Bazelon Center for Mental Health Law, Black Administrators 
     in Child Welfare, Inc., Catholic Charities USA, Center for 
     Law and Social Policy, Child Welfare League of America, 
     Childhelp, Inc., Children Awaiting Parents, Children's Action 
     Network, Children's Defense Fund, Children's Rights.
       Coalition of Labor Union Women, Coalition on Human Needs, 
     Community Action Partnership, Council for Health and Human 
     Service Ministries United Church of Christ, Dave Thomas 
     Foundation for Adoption, Docs for Tots, Family Violence 
     Prevention Fund, First Focus, First Star, Foster Care Alumni 
     of America.
       Foster Family-based Treatment Association, FosterClub, 
     GrandFamilies of America, Grandfamilies Teens, Generations 
     United, Holt International, Jewish Labor Committee, Juvenile 
     Law Center, The Kids are Waiting: Fix Foster Care Now 
     Campaign, Kidsave, Lutheran Services in America.
       Mental Health America, National Advocacy Center for the 
     Sisters of the Good Shepherd, National African-American Drug 
     Policy Coalition, Inc., National Alliance to End

[[Page 19463]]

     Homelessness, National Association of Black Social Workers, 
     National Association for Children's Behavioral Health, 
     National Association of Counsel for Children, National 
     Association of County Human Services Administrators, National 
     Association of Counties, National Association for the 
     Education of Homeless Children and Youth.
       National Association of Social Workers, National CASA 
     Association, National Center on Domestic and Sexual Violence, 
     National Center on Housing and Child Welfare, National Child 
     Abuse Coalition, National Children's Alliance, National 
     Collaboration for Youth, National Committee of Grandparents 
     for Children's Rights, National Council for Adoption, 
     National Council of Jewish Women.
       National Foster Care Coalition, National Foster Parent 
     Association, National Indian Child Welfare Association, 
     National Network for Youth, National Policy Partnership for 
     Children of the Incarcerated, National Relative Caregiver 
     Consultants, National Resource Center for Youth Services, 
     Native American Children's Alliance, NETWORK, A National 
     Catholic Social Justice Lobby, North American Council on 
     Adoptable Children.
       Orphan Foundation, Pre-K Now, Prevent Child Abuse America, 
     The Rebecca Project for Human Rights, Religious Coalition for 
     Reproductive Choice, Service Employees International Union 
     (SEIU), Specialized Alternatives for Families and Youth of 
     America, Teaching-Family Association, United Cerebral Palsy, 
     United Church of Christ Justice and Witness Ministries.
       United Neighborhood Centers of America, United Way of 
     America, USAction, Voice for Adoption, Voices for America's 
     Children, Youth Law Center, Zero to Three.

     
                                  ____
                                      Conference of Chief Justices
                          Conference of State Court Administrators
      Government Relations Office, Arlington, Virginia, September 
                                                         15, 2008.
     Hon. Harry Reid,
     Majority Leader, Hart Senate Office Building, Washington, DC.
     Hon. Mitch McConnell,
     Minority Leader, Russell Senate Office Building, Washington, 
         DC.
     Hon. Nancy Pelosi,
     Office of the Speaker, Office of the House, U.S. Capitol, 
         Washington, DC.
     Hon. John Boehner,
     Republican Leader, U.S. Capitol, Washington, DC.
       Dear Senators Reid and McConnell and Representatives Pelosi 
     and Boehner: On behalf of the Conference of Chief Justices 
     and the Conference of State Court Administrators, we are 
     writing to urge you to take necessary steps to ensure passage 
     this month of important improvements in support of children 
     and youth in foster care, including new opportunities for 
     permanent families through adoption and relative guardianship 
     and other assistance for older youth transitioning from 
     foster care. As you know, the House passed the Fostering 
     Connections to Success Act (HR 6307) in June and the Senate 
     provisions are moving toward final passage.
       Both HR 6307 and the Senate provisions have bipartisan 
     support and are fully paid for. Both proposals also include 
     the following important improvements that will help hundreds 
     of thousands of children in foster care by:
       Extending and increasing incentives for adoption, 
     particularly incentives for the adoption of children with 
     special needs and older youth in foster care;
       Allowing states to offer for the first time federal 
     assistance for guardianship payments for children who are in 
     foster care, but who have grandparents or other relative 
     guardians who want to care for them permanently outside of 
     foster care;
       Making it easier for relatives to step in to raise children 
     when their parents cannot by requiring notification of 
     relatives when children are removed from their parents and 
     providing grants to link caregivers with the services their 
     children need;
       Offering important protections and supports for American 
     Indian children in foster care, by allowing tribes, for the 
     first time, the same direct access to federal foster care, 
     adoption assistance, and relative guardianship funding that 
     states have;
       Increasing opportunities for success for older youth in 
     foster care as they transition into adult life by allowing 
     them to continue to receive federal foster care payments 
     beyond the age of 18; and
       Improving educational opportunities for children and youth 
     in foster care, which will also increase their opportunities 
     for later success.
       All of these reforms encompass many of the critical 
     improvements that hundreds of former foster youth, adoptive 
     parents, relative caregivers, and others have been requesting 
     of Congress. We commend you for your leadership and 
     commitment to addressing the needs of our nation's most 
     vulnerable children and youth. On behalf of state courts, we 
     support timely enactment of these important improvements for 
     children and youth in foster care.
           Sincerely yours,
     Margaret H. Marshall,
       President, Conference of Chief Justices.
     Stephanie J. Cole,
       President, Conference of State Court Administrators.

       
                                  ____
                                            National Conference of


                                           State Legislatures,

     Re H.R. 6893
                                                September 15, 2008
     Hon. Nancy Pelosi,
     Office of the Speaker,
     H-232, U.S. Capitol, Washington, DC.
     Hon. John Boehner,
     Office of the House Republican Leader,
     H-204, U.S. Capitol, Washington, DC.
       Dear Speaker Pelosi and Minority Leader Boehner: The 
     National Conference of State Legislatures (NCSL) supports the 
     bicameral, bipartisan Fostering Connections to Success and 
     Increasing Adoptions Act of 2008, HR 6893. State legislators 
     know the importance of finding permanency for children in the 
     child welfare system, whether through adoption or relative 
     guardianship, and the need to help youth preparing to 
     transition from foster care in their states and communities. 
     We appreciate that Congress is taking action on these issues.
       This important legislation extends and increases incentives 
     for adoption, particularly incentives for the adoption of 
     children with special needs and older youth in foster care. 
     State legislators have long supported the concept that 
     grandparents, or other immediate family members, who are 
     caring for children who cannot safely remain with their 
     parents as foster parents, should be given priority for such 
     custody and placement over placement in a foster home with a 
     non-relative. Additionally, subsidized guardianship with 
     relatives may be an appropriate permanency option for 
     children who cannot safely return home. Many states have 
     moved forward on their own, so we applaud the fact that this 
     bill makes federal funds available for this option and for 
     support services for caretaker relatives. Positive features 
     of the bill include a program to help kinship care givers 
     navigate their way through the social services system and 
     codification of variations in licensing that would allow more 
     children to be placed safely with relatives when they do need 
     to be placed in foster care.
       In addition, the legislation increases resources available 
     to children aging out of foster care to help them 
     successfully transition into adult life. NCSL's Child Welfare 
     policy has long called for expansion of federal financial 
     participation for states that choose to provide assistance to 
     youth age 18-21 who are preparing to transition from foster 
     care to self-sufficiency.
       These improvements encompass many of the critical changes 
     to federal adoption and child welfare policy that state 
     legislators have called upon Congress to enact. 
     Reauthorization of the adoption incentives program will 
     provide critical resources and reward state efforts to find 
     permanence for children in the child welfare system. We 
     commend the House and Senate for its leadership and 
     commitment to addressing the needs of our nation's most 
     vulnerable children and youth. Thank you for moving this 
     legislation forward so that Congress can complete work on a 
     child welfare measure this year.
           Sincerely,

                                     Representative Ruth Kagi,

                             Washington Chair, NCSL Human Services
                                             and Welfare Committee

  Madam Speaker, I also note that of the 581 national, State and local 
organizations, and of course they represent every State of the Union 
that are in support of this important legislation, that a number of 
them are from the State that I represent, the State of Illinois, 
including the Baby Fold, which is an organization headquartered in 
Normal, Illinois in the district that I represent. The Allendale 
Association, the Child Care Association of Illinois, Children's Home 
and Aid, Community Action Partnership of Lake County, Latino 
Consortium, Methodist Youth Services Northwestern University Settlement 
Association, Project IRENE, SOS Children's Village of Illinois, UCAN, 
Voices for Illinois Children, and the Youth Outreach Services are 
examples of organizations in the State that I represent, which 
demonstrate broad support for this bipartisan, bicameral legislation 
designed to help children who need help.
  I particularly want to point out that, as we worked to develop this 
legislation, it's very clear, as I had the privilege of working with my 
chairman, Mr. McDermott, as well as Chairman Baucus and Ranking Member 
Grassley in the Senate, that we shared a common commitment, and that is 
that we wanted to put together a package legislation that not only 
deserved bipartisan support but that responded to the needs, 
particularly of children in foster care, children that need help and 
need

[[Page 19464]]

the opportunity to find a loving family. I found that by all of us 
working together in a bipartisan way, we produced this bipartisan, 
bicameral legislation which is now before us.
  With the vote of the House today and the action of the Senate later, 
this legislation is going to become law. I really want to commend 
Chairman Baucus and Chairman McDermott for their leadership, as well as 
Ranking Member Grassley, for the leadership of everyone involved, 
because the commitment we had from day one was producing legislation 
that would receive a majority of support in the House and Senate and 
become law, because we truly want to help children.
  So the bottom line is pretty simple, and that is, I urge my 
colleagues in the House to join us with strong bipartisan support and 
send this legislation to the President; legislation that provides 
incentives to encourage families to adopt children in need of a loving 
home; legislation designed to ensure that child care workers receive 
the resources they need so they're fully trained to help children in 
our foster care system, whether they work for a not-for-profit 
organization or for a government agency; and also legislation to ensure 
that the first Americans receive the same opportunity to access Federal 
funds for foster care as those of us who came later, and so that the 
provision which allows tribes to receive these funds, rather than 
having to go begging to the States, becomes law with this legislation.
  This is good legislation. It's bipartisan legislation. This 
legislation was put together with the right spirit. I do want to thank 
my chairman again for the partnership we've had on this legislation as 
well as many other initiatives. It's nice to show that when we all work 
together in a bipartisan way, we can get things done.
  Clearly this legislation, I think, is a great example of what happens 
when you set aside partisan politics and work together for the good of 
our Nation, particularly in this case children who are in need of a 
loving home.
  Madam Speaker, I urge bipartisan support.
  I yield back the balance of my time.
  Mr. McDERMOTT. Madam Speaker, I think we are having a discussion 
today about the tale of two bills, actually. The bill that we have 
before us here today is really landmark legislation, and as Mr. Weller 
has said, it is the product of bipartisanship here in the House and 
actually, bicameral.
  I talked to Senator Grassley; we talked about various aspects of the 
bill so that there was open communication on this issue. And what we've 
produced from that is landmark legislation that is a significant step 
forward for children, for foster children, probably the biggest step in 
more than 10 years. And I think when the Congress works together for 
the common good, things get done in a very positive way.
  Children are America's future, and today we're making an investment 
in that future, and in our own. We all want our children to be 
connected to their family, and this bill expects the same for foster 
children. We want our children to feel like they are in a loving, 
permanent home, and this legislation expects no less for foster kids. 
We want our kids to go to a school and have decent medical care, and 
again, we've done that in this bill, or we've begun the process. 
Finally, we want our children to have the best chance to succeed in 
life, a desire that did not end on their 18th birthday. This bill 
shares in that hope for kids.
  This bill says to foster kids, you're not forgotten. There is a 
future and the future begins today. I want to encourage all my 
colleagues to support this bill.
  Chairmen get the unique opportunity of kind of borrowing a lot of 
ideas from other people. I took some from Danny Davis and some from 
Stephanie Tubbs Jones and some from Mr. Weller, and we put a bill 
together.
  Even chairmen shouldn't get all the credit, because staff people like 
Nick Gwynn and Sonya Nesbit and Sean Hughes on our side have played a 
major part in talking our way through this bill.
  In contrast, we have the energy bill which was brought out here and 
we continue to hear people talk about as though there was no hope of 
working with the Senate.
  Now if the Republicans in the Senate would like to work with the 
Democrats, I think we can put a bill together. We did it on child 
welfare. Certainly we ought to be able to do it on something as 
important as energy.
  But to write off legislation and say, oh, the only bill that could 
pass out of here is the only one that could pass through the Senate, 
that's simply not respecting the legislative process. The Republicans 
in the Senate really have to make a choice. They either support 
American taxpayers and consumers and talk about new energy jobs, or 
they do what the big oil companies want. That's a very simple choice.
  I think that it's unfortunate if we in this House give up and say, 
well, the Senate won't come to their senses; they won't do anything 
reasonable on energy. They did reasonable things on child welfare 
because they cared about this country's kids. I think, in the Senate, 
they care about this country's welfare, and they're going to do 
something reasonable on energy.
  So all this talk about only the House can produce a perfect bill to 
be rubber-stamped by the Senate, it didn't work in child welfare. They 
had to make their changes. We will see some changes in that Senate 
bill, if they're thinking about the common good, and not about election 
on the 4th of November. If it's all about elections, we won't get a 
bill on energy out of the Senate. But if there is a desire to deal with 
the common good for this country, then we will look at the 
comprehensive bill that was put together over here. And actually some 
Republicans voted for it. Now that shows it can be bipartisan, even in 
the House, on a very contentious issue. I think that the fact that it's 
over in the Senate bodes well. We have a whole week yet for them to 
come to their senses and send us a bill back.
  Ms. BERKLEY. Madam Speaker, I rise today in support of H.R. 6893, the 
Fostering Connections to Success and Increasing Adoptions Act.
  The provisions of this bill will increase the tools available to 
states to help children in foster care have stable placements and 
easier transitions into adult life.
  This legislation allows states to continue foster care assistance for 
kids up the age of 21, authorizes federal assistance to relatives 
assuming legal guardianship of children for whom they have cared as 
foster parents, and extends and improves the Adoption Incentives 
Program, among other things.
  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 
common sense and much needed first step in the right direction, and I 
hope that Nevada and other states will take advantage of the new tools 
made available to them.
  I urge my colleagues to support this legislation time.
  Mr. LEWIS of Georgia. Madam Speaker, I rise today to urge all of my 
colleagues to support H.R. 6893, the Fostering Connections to Success 
Act and Increasing Adoptions Act.
  I applaud the Gentleman from Washington (Mr. McDermott) and the 
Gentleman from Illinois (Mr. Weller) for working with our Senate 
colleagues in crafting this legislation. I am proud to serve on the 
Ways and Means Income Security and Family Support Subcommittee under 
their leadership.
  Today, more than half a million children are living in foster care. 
H.R. 6893 addresses many of the key problems that plague the foster 
care system. This bill includes much needed educational stability 
requirements and new oversight for children's health care. H.R. 6893 
also includes key adoption incentives that help create permanent, safe, 
loving families for all children. Of particular importance to my 
constituents in Georgia are the improvements to kinship guardian care 
and to services for youth aging out of foster care included in this 
bill.
  I am proud to be a cosponsor of this important legislation; it is an 
important step in the right direction. We must pass H.R. 6893 in both 
the House and Senate before the end of this Congress. Then we must 
collaborate on more comprehensive improvements to the child welfare 
system in the 111th Congress.
  Madam Speaker, in my home state, there are thousands of young people 
in foster care. Young people in foster care have not chosen this life. 
For a variety of reasons beyond their control, foster care children are 
uprooted from

[[Page 19465]]

all that they know and rely on us for help. We must answer their call. 
As Members of Congress, citizens, and as parents, we must open our 
hearts and offer our hands and resources to serve these young people.
  I ask my colleagues to join me in doing so by supporting H.R. 6893. 
We would do no less for our own children.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I rise today in strong 
support of H.R. 6893, The Fostering Connections to Success and 
Increasing Adoptions Act, introduced by my distinguished colleague, 
Representative McDermott. This important legislation encourage a safe 
and successful adoptions which will strengthen our social system and 
provide quality foster homes for orphaned children across the United 
States.


                                 quote

  ``Investing in children is not a national luxury or a national 
choice. It's a national necessity. If the foundation of your house is 
crumbling, you don't say you can't afford to fix it while you're 
building astronomically expensive fences to protect it from outside 
enemies. The issue is not are we going to pay--it's are we going to pay 
now, up front, or are we going to pay a whole lot more later on.'' 
Marian Wright Edelman


                                GENERAL

  The fundamental purpose of adoption is to serve the best interests of 
children. It does so by providing loving, responsible, and legally 
permanent parents when their biological parents cannot or will not 
parent them. Serving the best interests of children should be paramount 
in deciding all issues of adoption policy and practice. Adoption is 
healthy, satisfying, and good for children, not an enduring challenge 
to identity and wholeness. People who are adopted as infants grow up as 
healthy and productive as people raised in their biological families. 
The vast majority of foster children make the transition into their 
adoptive families and grow up very successfully.
  In the 1990s, there are approximately 120,000 adoptions of children 
each year. This number has remained fairly constant in the 1990s, and 
is still relatively proportionate to population size in the U.S. 
Adopted children do as well as or better than their non-adopted 
counterparts, according to a 1994 study by the Search Institute, a 
Minneapolis-based public policy research organization providing 
leadership, knowledge and resources to promote healthy children, youth 
and communities. As these statistics show adoption is a vital part of 
our society. The large number of families that took children into their 
homes and hearts do a great service for the children of our nation.
  This bill will improve the compensation for foster parents and 
increase the amount of federal assistance they receive. These 
assistance stipulations include:
  Federal reimbursement to States choosing to provide assistance to 
grandparents and other relatives who become legal foster parents.
  Federal assistance for foster children up to the age of 21.
  Improved health care for every foster child, including a plan for 
educational stability.
  Federal Funding for training to cover private child welfare workers 
and court personnel.
  An improved Adoption Incentives Program.


                               MINORITIES

  There are currently 510,000 children in foster care, and 129,000 
children are waiting to be adopted. 61 percent of these children 
waiting to be adopted are of a minority background. Within the 
Children's Services Division, 71 percent of the adoptions are of 
Caucasian children. This bill will ensure that parents and children 
involved with adoption will have ample resources available if needed. 
In turn, this will encourage domestic adoptions that will help every 
ethnicity of orphaned children throughout the United States.


                               CONCLUSION

  I firmly believe that we must pass this legislation in order to 
support adoption in our country. Adoption benefits this entire country; 
as domestic children are provided with nourishing homes, that will 
enable them a more positive environment. This bill will allow foster 
parents and foster children the compensation and care that they 
deserve.
  By passing this legislation, we will provide the necessary means for 
more adoptions to take place in this country where we are built on 
strong families and strong people. We must do what we can to assist 
those whose hearts are kind and ambitions are sincere. I urge my 
colleagues to support this; I know together we can provide the 
necessary support for the families and adopted children of the United 
States. Thank you, Madam Speaker, I yield the remainder of my time.
  Mr. TIAHRT. Madam Speaker, I rise today to express my support for 
adoption. Specifically, I rise to express my support for two bills we 
are considering on the floor today--the Fostering Connections to 
Success and Increased Adoptions Act, and the resolution Recognizing 
National Adoption Day and National Adoption Month.
  It is no secret that I am pro-life. Life begins at conception, and I 
believe that we should do everything within our power to encourage and 
facilitate mothers to carry their child to term. It is my hope and 
prayer that every child will be wanted and loved by his or her parent. 
But I am not so naive as to think that this is always the case. 
Tragically, there are situations where the mother and/or father cannot 
care for their baby. Perhaps the mother is still in school, and too 
young to responsibly raise the child. Perhaps she is unmarried, and 
does not have the means to provide for her baby. There are a myriad of 
reasons. But while there are some in this great nation who would 
suggest these, and other extenuating circumstances are exactly why 
abortion needs to remain legal, I instead believe that they are exactly 
the reason adoption needs greater national attention.
  Over the years that I have had the privilege of serving the people of 
the 4th District of Kansas here in Washington, I have worked with many 
of my colleagues on both sides of the aisle to pass legislation that 
protects the sanctity of life, for those born, and those still in the 
womb. An important aspect of that effort, however, is caring for the 
child after it is born. Unfortunately, this is an area that is often 
overlooked. It is my hope that legislation before us today, H.R. 6893 
and H. Res. 1432, will help remedy this problem.
  The Fostering Connections to Success and Increased Adoptions Act 
takes great steps to assist both children and adoptive parents. It 
provides financial assistance for relatives of children in foster care 
that agree to become permanent guardians. And it includes educational 
stability as a factor when establishing a child's case plans. 
Provisions like these help to establish a sense of consistency in the 
life of a child that is all too often lacking that. It also 
reauthorizes the Adoption Incentives Program, which can make the 
possibility of adopting more feasible for some families.
  Madam Speaker, the choice to adopt a child is not one to be made 
without great consideration. There are risks and challenges involved 
with such a decision. We in Congress should show them our support and 
encouragement for them when they do decide to adopt. One way for us to 
do that is through H. Res. 1432. I encourage my colleagues to join me 
in voting for these bills, and let's show our support for adoption, and 
the children and families involved in it.
  Mr. McDERMOTT. I yield back the balance of my time and encourage 
everyone 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. 6893.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________