I 
109TH CONGRESS 
1ST SESSION H. R. 3379 
To amend part E of title IV of the Social Security Act to promote safe 
and permanent homes for foster children. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 21, 2005 
Mr. DAVIS of Illinois introduced the following bill; which was referred to the 
Committee on Ways and Means 
A BILL 
To amend part E of title IV of the Social Security Act 
to promote safe and permanent homes for foster children. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Stronger Families 
Act’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) By enacting the Adoption and Safe Families 
Act of 1997 (Public Law 105–89) and the Adoption 
Assistance and Child Welfare Act of 1980 (Public
Law 96–272), the Congress recognized the need to 
align Federal incentives with the desired goal of pro-
viding abused and neglected children safe, perma-
nent homes. 
(2) According to the nonpartisan Pew Commis-
sion on Children in Foster Care composed of former 
Members of Congress of both parties and other child 
welfare experts, between 1997 and 2002, adoptions 
increased by 64 percent, and each state, the District 
of Columbia, and Puerto Rico has earned an award 
for increasing adoptions. 
(3) Adoption represents only one avenue to per-
manency for children in the foster care system, af-
fecting only 9 percent of children in foster care in 
2003. Adoption is not a viable option for many chil-
dren in foster care. Children living with relatives are 
less likely to use adoption, and courts explicitly rule 
out this permanency option for thousands of children 
each year. 
(4) Moreover, adoption is not equally available 
to children of all races and ethnicities. African- 
American children live in kinship care arrangements 
more than in other types of care arrangements and 
have a lower rate of adoption than other children,
making reunification and legal guardianship impor-
tant permanency options for this population. 
(5) Reunification and guardianship are central 
avenues by which any child in foster care may enter 
stable, caring homes. In 2002, 54 percent of chil-
dren in foster care were reunified with their parents 
and 4 percent obtained legal guardianship. 
(6) Moreover, Federal guidelines create a finan-
cial disincentive to legal guardianship because all 
Federal support ceases once guardianship is estab-
lished, presenting an overwhelming hardship for 
caretakers given the known health and mental health 
problems of children who have been in foster care. 
Research indicates that 30 to 40 percent of youth in 
foster care experience chronic medical problems. 
(7) To help meet the needs of foster children 
with special needs who are adopted, approximately 
$308 per month in Federal funds is provided to 
their adoptive families. The Federal Government 
pays approximately $383 per month to cover all 
adoption assistance program costs, including month-
ly payments to families, administration, and train-
ing. 
(8) Remaining in foster care when stable, per-
manent homes are available places unnecessary bur-
dens on States, caseworkers, and families, requiring 
regular court appearances, quarterly case reviews, 
monthly caseworker visits, and government involve-
ment in routine family activities and decisions. 
SEC. 3. PERMANENCY INCENTIVE PAYMENTS. 
(a) IN GENERAL.—Section 473A of the Social Secu-
rity Act (42 U.S.C. 673a) is amended to read as follows: 
‘‘SEC. 473A. PERMANENCY INCENTIVE PAYMENTS. 
‘‘(a) GRANT AUTHORITY.—Subject to the availability 
of such amounts as may be provided in advance in appro-
priations Acts for this purpose, the Secretary shall make 
a grant to each State that is an incentive-eligible State 
for a fiscal year in an amount equal to the permanency 
incentive payment payable to the State under this section 
for the fiscal year, which shall be payable in the imme-
diately succeeding fiscal year. 
‘‘(b) INCENTIVE-ELIGIBLE STATE.—A State is an in-
centive-eligible State for a fiscal year if— 
‘‘(1) the State has a plan approved under this 
part for the fiscal year; 
‘‘(2)(A)(i) the foster child adoption rate for the 
State for the fiscal year exceeds the base foster child 
adoption rate for the State for the fiscal year; or
‘‘(ii) the older child adoption rate for the State 
for the fiscal year exceeds the base older child adop-
tion rate for the State for the fiscal year; 
‘‘(B)(i) the guardianship placement rate for the 
State for the fiscal year exceeds the base guardian-
ship placement rate for the State for the fiscal year; 
or 
‘‘(ii) the older child guardianship placement 
rate for the State for the fiscal year exceeds the base 
older child guardianship placement rate for the 
State for the fiscal year; or 
‘‘(C) the reunification rate for the State for the 
fiscal year exceeds the base reunification rate for the 
State for respect to the fiscal year; 
‘‘(3) the State is in compliance with subsection 
(c) for the fiscal year; 
‘‘(4) the State provides health insurance cov-
erage to any child with special needs (as determined 
under section 473(c)) for whom there is in effect— 
‘‘(A) an adoption assistance agreement be-
tween a State and the adoptive parent or par-
ents of the child; or 
‘‘(B) a guardianship agreement between a 
State and the legal guardian or guardians of 
the child; and