739
(subject to the availability of amounts for such 
purpose); and 
(B) to extend any low-income affordability 
restrictions applicable to the project in connec-
tion with the project-based assistance. 
(d) PROJECTS
PURCHASED
BY
RESIDENTS.—A 
project meets the requirements of this subsection only if 
the project—
(1) is or was eligible low-income housing (as de-
fined in section 229 of the Low-Income Housing 
Preservation and Resident Homeownership Act of 
1990 (12 U.S.C. 4119); and 
(2) has been purchased by a resident council for 
the housing, or is approved by the Secretary for 
such purchase, for conversion to homeownership 
housing under a resident homeownership program 
meeting the requirements of section 226 of the Low-
Income Housing Preservation and Resident Home-
ownership Act of 1990 (12 U.S.C. 4116). 
(e) 
COMBINATION
OF
ASSISTANCE.—Notwith-
standing subsection (a), any project that is otherwise eligi-
ble for assistance with grant amounts provided under this 
subtitle because the project meets the requirements under 
subsection (b) or (c), and that also meets the requirements 
under paragraph (1) of the other of such subsections, shall
740
be eligible for assistance under this subtitle only if the 
project complies with all of the requirements under such 
other subsection. 
SEC. 7207. GRANT AMOUNT LIMITATION. 
The Secretary shall limit the portion of the aggregate 
amount of grants under this subtitle made available for 
any fiscal year that may be provided to a single State 
based upon the proportion of the need of that State (as 
determined by the Secretary) for assistance under this 
subtitle to the aggregate need among all States approved 
for assistance under this subtitle for that fiscal year. 
SEC. 7208. MATCHING REQUIREMENTS. 
(a) IN GENERAL.—The Secretary may not make a 
grant under this subtitle to any State for any fiscal year 
in an amount that exceeds twice the amount that the State 
certifies, as the Secretary shall require, that the State will 
contribute for such fiscal year, or has contributed since 
January 1, 2003, from non-Federal sources for the pur-
poses under section 7206(a). 
(b) TREATMENT OF PREVIOUS CONTRIBUTIONS.—
Any portion of amounts contributed after January 1, 
2003, that are counted for the purpose of meeting the re-
quirement under subsection (a) for a fiscal year may not 
be counted for such purpose for any subsequent fiscal 
year.
741
(c) TREATMENT OF TAX CREDITS.—Tax credits pro-
vided under section 42 of the Internal Revenue Code of 
1986, and proceeds from the sale of tax-exempt bonds by 
any State or local government entity shall not be consid-
ered non-Federal sources for purposes of this section. 
SEC. 7209. TREATMENT OF SUBSIDY LAYERING REQUIRE-
MENTS. 
Neither section 7208 nor any other provision of this 
subtitle may be construed to prevent the use of tax credits 
provided under section 42 of the Internal Revenue Code 
of 1986, in connection with housing assisted with grant 
amounts provided under this subtitle, to the extent that 
such use is in accordance with section 102(d) of the De-
partment of Housing and Urban Development Reform Act 
of 1989 (42 U.S.C. 3545(d)) and section 911 of the Hous-
ing and Community Development Act of 1992 (42 U.S.C. 
3545 note). 
SEC. 7210. REGULATIONS. 
The Secretary may issue regulations to carry out this 
subtitle. 
SEC. 7211. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated for grants 
under this subtitle such sums as are necessary for each 
of the fiscal years 2004 through 2008.
742
TITLE VIII—SAFE START 
Subtitle A—Promotion of 
Permanency for Children 
SEC. 8001. REIMBURSEMENT FOR PREVENTIVE, PROTEC-
TIVE, CRISIS, PERMANENCY, INDEPENDENT 
LIVING, AND POST-PERMANENCY SERVICES 
AND ACTIVITIES. 
(a) IN GENERAL.—Part E of title IV of the Social 
Security Act (42 U.S.C. 670 et seq.) is amended by insert-
ing after section 474 the following: 
‘‘SEC. 474A. PAYMENTS FOR PREVENTIVE, PROTECTIVE, 
CRISIS, PERMANENCY, INDEPENDENT LIV-
ING, AND POST-PERMANENCY SERVICES AND 
ACTIVITIES. 
‘‘(a) IN GENERAL.—In addition to any other pay-
ments made to a State under this title, for each quarter 
beginning after September 30, 2003, the Secretary shall 
pay each State which has a plan approved under this part 
and that opts to receives payments under this section, a 
payment, subject to subsection (e), equal to the Federal 
medical assistance percentage of the costs of providing the 
services and activities described in subsection (b) in order 
to ensure that the timelines set forth in section 475(5), 
as added by the Adoption and Safe Families Act of 1997,
743
can be honored and the goals of safety and permanence 
for children will be realized. 
‘‘(b) SERVICES AND ACTIVITIES DESCRIBED.—The 
services and activities described in this subsection are as 
follows: 
‘‘(1) PREVENTIVE, PROTECTIVE, AND
CRISIS 
SERVICES.—
‘‘(A) IN GENERAL.—Preventive, protective, 
and crisis services for children and parents who 
come to the attention of the State or a local 
agency and whose cases are referred for assess-
ment or investigation because of a concern 
about the risk of abuse or neglect. 
‘‘(B) REQUIREMENTS.—In the case of 
services other than investigation and assess-
ment—
‘‘(i) the agency and the parents must 
have agreed to the provision of such serv-
ices in the case plan for the family; and
‘‘(ii) funding for such services under 
this part shall be provided for not more 
than 18 months within a 48 month period, 
consistent with the exception provided in 
subsection (c).
744
‘‘(2) 
PERMANENCY
SERVICES.—Permanency 
services for children and parents to help ensure that 
when a child is placed in foster care, prompt deci-
sions can be made about the appropriate perma-
nency plan for the child, but only if the agency and 
the parents have agreed to the provision of such 
services to the parents in the case plan for the fam-
ily and funding for such services under this part 
(other than foster care maintenance payments under 
section 472) will be provided for not more than 18 
months within a 48 month period, consistent with 
the exception provided in subsection (c). 
‘‘(3) POST-PERMANENCY SERVICES.—
‘‘(A) 
IN
GENERAL.—Post-permanency 
services for children and their parents or other 
caregivers when children have been in foster 
care funded under this part and are returned to 
their birth families, are in adoptive families, or 
are placed permanently with a legal guardian or 
a fit and willing relative, if the agency and the 
child’s caregivers have agreed to the provision 
of such services in the case plan for the family, 
but only to the extent that—
‘‘(i) with respect to such services for 
children returned to their birth families,
745
such services are provided for not more 
than 18 months within a 48 month period, 
consistent with the exception provided in 
subsection (c); and 
‘‘(ii) with respect to such services for 
children who are adopted from foster care 
or placed permanently with a legal guard-
ian or a fit and willing relative, such serv-
ices are provided on an as-needed basis 
consistent with the child and family service 
plan. 
‘‘(4) APPLICATION
TO
CERTAIN
CHILDREN.—
With respect to the services described in paragraph 
(1), (2), or (3) that are provided to children who 
have come to the attention of the State or a local 
agency before the date of enactment of the Leave No 
Child Behind Act of 2003, the 18-month time limit 
for such services for such children shall commence 
on a date determined by the State that is not more 
than 180 days after such date of enactment. 
‘‘(5) INDEPENDENT
LIVING
SERVICES.—Inde-
pendent living services to help children who are like-
ly to remain in foster care until attaining 18 years 
of age and children who are former foster care re-
cipients who have not attained 21 years of age make
746
the transition to self-sufficiency by providing services 
such as assistance in obtaining a high school di-
ploma, a General Equivalency Diploma, or post-sec-
ondary education or training, career exploration, vo-
cational training, job placement and retention, train-
ing in daily living skills, budgeting and financial 
management skills, substance abuse prevention, pre-
ventive health activities, financial, housing, coun-
seling, personal or emotional support (through inter-
action with dedicated adults), and other appropriate 
support services. 
‘‘(c) SAFETY EXCEPTION.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
beginning with fiscal year 2004, a State may exempt 
up to the number of children and parents receiving 
any of the services described in subsection (b) that 
equals 20 percent of the number of such children 
and parents who received such services during the 
preceding fiscal year, from the time limits specified 
for such services in such subsection in order to help 
ensure that children will be served safely and appro-
priately in accordance with their individual needs. 
‘‘(2) BIENNIAL REVIEW.—
‘‘(A) EXCEPTED CASES.—A State shall bi-
ennially review the cases excepted under para-
747
graph (1), in accordance with guidelines devel-
oped by the Secretary, to ensure the continued 
appropriateness of the exceptions and to deter-
mine the circumstances under which such ex-
ceptions have been made, and shall report the 
findings of the review to the Secretary. Such re-
port shall include a recommendation, if nec-
essary, that the Secretary allow the State to ad-
just the maximum percentage for such excep-
tions to address changed circumstances. A 
State may proceed in accordance with the rec-
ommendation unless the Secretary disapproves 
the recommendation within 60 days of the re-
ceipt of the recommendation. 
‘‘(B) FOSTER CARE CHILDREN.—In addi-
tion to the review required under subparagraph 
(A), a State shall biennially review, in accord-
ance with guidelines developed by the Secretary, 
the cases of children who have remained in fos-
ter care and for which foster care maintenance 
payments (as defined in section 474(4)) have 
been made for more than 18 months and sub-
mit a report on such review to the Secretary. 
Such report shall describe, with respect to each 
such child, the child’s age, special needs (if
748
any), type of placement, and the length of time 
that the child has been in foster care. 
‘‘(C) REPORT.—Not later than January 1, 
2008, and January 1 of every other year there-
after, the Secretary shall submit a report to 
Congress on the reviews and recommendations 
required under subparagraphs (A) and (B) for 
the preceding fiscal year. Such report shall in-
clude a summary of the Secretary’s findings on 
the appropriateness of the safety exceptions and 
the States’ progress in meeting the needs of the 
children who receive services or foster care for 
more than 18 months. 
‘‘(d) NO PAYMENT FOR SERVICES REIMBURSABLE 
UNDER TITLE XIX.—No payments may be made under 
this section for any services described in subsection (b) 
that the State is reimbursed for under title XIX.
‘‘(e) MAINTENANCE OF EFFORT.—A State may not 
receive payments under this section unless, for fiscal year 
2004 and each fiscal year thereafter, the total State and 
local expenditures for services and activities described in 
subsection (b) for that fiscal year equals or exceeds the 
total of such expenditures for fiscal year 2003.’’. 
(b) STATE PLAN AMENDMENT.—Section 471(a) of 
such Act (42 U.S.C. 671(a)) is amended—
749
(1) in paragraph (23)(B), by striking ‘‘and’’ at 
the end; 
(2) in paragraph (24), by striking the period 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(25) provides that the State shall describe—
‘‘(A) prior to the beginning of a fiscal year, 
the types of preventive, protective, crisis, per-
manency, independent living, and post-perma-
nency services that the State expects to be 
made available under the plan during that fiscal 
year; 
‘‘(B) the populations expected to be pro-
vided such services during the fiscal year; 
‘‘(C) notwithstanding paragraph (3), the 
geographic areas in the State in which the serv-
ices are likely to be available during the fiscal 
year; 
‘‘(D) the role of public and nonprofit pri-
vate agencies and community-based organiza-
tions referred to in section 432(b)(1) in the 
planning and decisionmaking regarding which 
such services would be provided during the fis-
cal year and how the services to be provided
750
would promote safety and permanence for chil-
dren; and 
‘‘(E) prior to the beginning of the third 
fiscal year of implementation of such services, 
and prior to the beginning of each fiscal year 
thereafter, what the State proposes to do to re-
duce the length of time families need to receive 
services from the State agency.’’. 
SEC. 8002. CHILD AND FAMILY SERVICE PLAN AND CASE 
REVIEWS. 
(a) IN GENERAL.—Section 471(a)(16) of the Social 
Security Act (42 U.S.C. 671(a)(16)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(16)’’; 
(2) by adding ‘‘and’’ after the semicolon; and 
(3) by adding at the end the following: 
‘‘(B)(i) provides for the development of a child 
and family service plan and for case reviews by a cit-
izen review board or an administrative review body 
no less frequently than once every 6 months for each 
child and family member receiving preventive, pro-
tective, crisis, permanency, independent living, or 
post-permanency services; and 
‘‘(ii) provides that each child and family service 
plan developed under clause (i) shall describe the 
steps taken to assure the safety of the child, provide
751
the services that are needed and, where applicable, 
have been agreed to by the agency and the parent, 
the extent of progress that has been made toward 
meeting the service needs of the child and the fam-
ily, and the continuing necessity for and appro-
priateness of the services being provided with respect 
to—
‘‘(I) each child, parent, or caregiver who 
comes to the attention of the State agency and 
whose case is referred for assessment or inves-
tigation because of a concern about the risk of 
abuse or neglect, and who receives preventive, 
protective, crisis, permanency, independent liv-
ing, or post-permanency services under this 
part; and 
‘‘(II) each child, parent, or caregiver who 
receives post-permanency services under this 
part when a child is returned to the birth fam-
ily, placed in an adoptive family, or placed per-
manently with a legal guardian or a fit and 
willing relative.’’
(b) EFFECTIVE DATE.—The amendments made by 
this section take effect on October 1, 2003.
752
SEC. 8003. KINSHIP GUARDIANSHIP ASSISTANCE PAY-
MENTS FOR CHILDREN. 
(a) IN GENERAL.—Part E of title IV of the Social 
Security Act (42 U.S.C. 670 et seq.) is amended by insert-
ing after section 472 the following: 
‘‘SEC. 472A. KINSHIP GUARDIANSHIP ASSISTANCE PAY-
MENTS FOR CHILDREN. 
‘‘(a) IN GENERAL.—Each State with a plan approved 
under this part may, at State option, 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 (as defined in section 475(7)) of the children 
for whom they have cared as foster parents and for whom 
they have committed to care for on a permanent basis. 
‘‘(b) KINSHIP GUARDIANSHIP ASSISTANCE AGREE-
MENT.—
‘‘(1) IN
GENERAL.—In order to receive pay-
ments under this section, a State shall—
‘‘(A) negotiate and enter into a written, 
binding, kinship guardianship assistance agree-
ment with the prospective relative guardian of 
a child that meets the requirements of this sub-
section; and 
‘‘(B) 
provide 
the 
prospective 
relative 
guardian with a copy of the agreement.
753
‘‘(2) MINIMUM
REQUIREMENTS.—The agree-
ment shall specify, at a minimum—
‘‘(A) the amount of, and manner in which, 
each kinship guardianship assistance payment 
will be provided under the agreement; 
‘‘(B) the additional services and assistance 
that the child and relative guardian will be eli-
gible for under the agreement; 
‘‘(C) the procedure by which the relative 
guardian may apply for additional services as 
needed, provided the agency and relative guard-
ian agree on the additional services as specified 
in the case plan; and 
‘‘(D) subject to paragraph (4), that the 
State will pay the total cost of nonrecurring ex-
penses associated with obtaining legal guardian-
ship of the child.
‘‘(3) INTERSTATE
APPLICATION.—The agree-
ment shall provide—
‘‘(A) that the agreement shall remain in 
effect without regard to the State residency of 
the kinship guardian; and 
‘‘(B) for the protection of the interests of 
the child in any case where the kinship guard-
754
ian and the child move to another State while 
the agreement is in effect. 
‘‘(4) NO
AFFECT
ON
FEDERAL
REIMBURSE-
MENT.—Nothing in paragraph (1)(D) shall be con-
strued as affecting the ability of the State to obtain 
reimbursement from the Federal Government for 
costs described in that paragraph. 
‘‘(c) KINSHIP
GUARDIANSHIP
ASSISTANCE
PAY-
MENT.—
‘‘(1) IN GENERAL.—The kinship guardianship 
assistance payment shall be based on consideration 
of the needs of the relative guardian and of the child 
and shall be at least equal to the amount of the fos-
ter care maintenance payment for which the child 
would have been eligible if the child remained in fos-
ter care. The payment may be readjusted periodi-
cally based on relevant changes in such needs. 
‘‘(2) LIMITATION.—
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), no kinship guardianship as-
sistance payment may be made to a relative 
guardian for any child who has attained age 18. 
‘‘(B) EXCEPTIONS.—A kinship guardian-
ship assistance payment may be made to a rel-
ative guardian with respect to a child who—
755
‘‘(i) is a full-time student in a sec-
ondary school or in the equivalent level of 
a vocational or technical training program 
and has not attained age 19; or 
‘‘(ii) with respect to a child who the 
State determines has a mental or physical 
disability that warrants the continuation of 
assistance to age 21. 
‘‘(d) CHILD’S ELIGIBILITY FOR A KINSHIP GUARD-
IANSHIP ASSISTANCE PAYMENT.—
‘‘(1) IN GENERAL.—A child is eligible for a kin-
ship guardianship assistance payment under this 
section if the State agency determines the following: 
‘‘(A) The child has been—
‘‘(i) removed from his or her home 
pursuant to a voluntary placement agree-
ment or as a result of a judicial determina-
tion to the effect that continuation in the 
home would be contrary to the welfare of 
the child; and 
‘‘(ii) under the care of the State agen-
cy for the 12-month period ending on the 
date of such agency determination.
756
‘‘(B) Being returned home or adopted are 
not appropriate permanency options for the 
child. 
‘‘(C) The child demonstrates a strong at-
tachment to the prospective relative guardian 
and the relative guardian has a strong commit-
ment to caring permanently for the child. 
‘‘(D) With respect to a child who has at-
tained age 14, the child has been consulted re-
garding the kinship guardianship arrangement. 
‘‘(2) TREATMENT OF SIBLINGS.—With respect 
to a child who is described in paragraph (1) whose 
sibling or siblings are not so described—
‘‘(A) the child and any sibling of the child 
may be placed in the same kinship guardianship 
arrangement if the State agency and the rel-
ative agree on the appropriateness of the ar-
rangement for the siblings; and 
‘‘(B) kinship guardianship assistance pay-
ments may be paid for the child and each sib-
ling so placed.’’. 
(b) CONFORMING AMENDMENTS.—
(1) 
STATE
PLAN
REQUIREMENT.—Section 
471(a)(20) of such Act (42 U.S.C. 671(a)(20) is 
amended by striking ‘‘before the foster or adoptive
757
parent may be finally approved for placement of a 
child on whose behalf foster care maintenance pay-
ments or adoption assistance payments’’ and insert-
ing ‘‘or relative guardian before the foster or adop-
tive parent or relative guardian may be finally ap-
proved for placement of a child on whose behalf fos-
ter care maintenance payments, adoption assistance 
payments, or kinship guardianship assistance pay-
ments’’. 
(2) DEFINITIONS.—Section 475(1) of such Act 
(42 U.S.C. 675(1)) is amended by adding at the end 
the following: 
‘‘(F) In the case of a child with respect to 
whom the permanency plan is placement with a 
relative and receipt of kinship guardianship as-
sistance payments under section 472A, a de-
scription of— 
‘‘(i) the steps that the agency has 
taken to determine that it is not appro-
priate for the child to be returned home or 
adopted; 
‘‘(ii) 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;
758
‘‘(iii) the ways in which the child 
meets the eligibility requirements for a kin-
ship guardianship assistance payment; 
‘‘(iv) the efforts the agency has made 
to discuss adoption by the child’s relative 
foster parent as a more permanent alter-
native to legal guardianship and, in the 
case of a relative foster parent who has 
chosen not to pursue adoption, documenta-
tion of the reasons why; and 
‘‘(v) the efforts made by the State 
agency to secure the consent of the child’s 
parent or parents to the kinship guardian-
ship assistance arrangement, or the rea-
sons why such efforts were not made.’’. 
SEC. 8004. ELIMINATION OF FINANCIAL ELIGIBILITY RE-
QUIREMENT FOR FOSTER CARE MAINTE-
NANCE AND ADOPTION ASSISTANCE PAY-
MENTS. 
(a) FOSTER CARE MAINTENANCE PAYMENTS.—Sec-
tion 472(a) of the Social Security Act (42 U.S.C. 672(a)) 
is amended—
(1) in the matter preceding paragraph (1), by 
striking ‘‘would have met the requirements of sec-
tion 406(a) (as so in effect) or of section 407 (as
759
such sections were in effect on July 16, 1996) but 
for his removal from the home of a relative (speci-
fied in section 406(a)),’’ and inserting ‘‘has been re-
moved from his or her home’’; 
(2) in paragraph (2), by adding ‘‘and’’ at the 
end; 
(3) in paragraph (3), by striking ‘‘; and’’ and 
inserting a period; 
(4) by striking paragraph (4); and 
(5) by striking the last 2 sentences of that sec-
tion. 
(b) ADOPTION
ASSISTANCE
PAYMENTS.—Section 
473(a)(2) of the Social Security Act (42 U.S.C. 673(a)(2)) 
is amended—
(1) in subparagraph (A)(i)—
(A) by striking ‘‘met the requirements of 
section 406(a) or section 407 (as such sections 
were in effect on July 16, 1996) or would have 
met such requirements except for his removal 
from the home of a relative (specified in section 
406(a) (as so in effect))’’ and inserting ‘‘has 
been removed from his or her home’’; and 
(B) by striking ‘‘(or 403 (as such section 
was in effect on July 16, 1996))’’;
760
(2) in subparagraph (A)(iii), by adding ‘‘and’’ 
at the end; 
(3) by striking subparagraph (B); 
(4) by redesignating subparagraph (C) as sub-
paragraph (B); and 
(5) by striking ‘‘The last sentence of section 
472(a)’’ and all that follows and inserting ‘‘Any 
child who meets the requirements of subparagraph 
(B), who was determined eligible for adoption assist-
ance payments under this part with respect to a 
prior adoption, who is available for adoption because 
the prior adoption has been dissolved and the paren-
tal rights of the adoptive parents have been termi-
nated or because the child’s adoptive parents have 
died, and who fails to meet the requirements of sub-
paragraph (A) but would meet such requirements if 
the child were treated as if the child were in the 
same circumstances the child was in the last time 
the child was determined eligible for adoption assist-
ance payments under this part and the prior adop-
tion were treated as never having occurred, shall be 
treated as meeting the requirements of this para-
graph for purposes of paragraph (1)(B)(ii).’’.
761
SEC. 8005. ESTABLISHMENT OF UNIFORM FEDERAL MATCH-
ING RATE. 
(a) IN GENERAL.—Section 474(a) of the Social Secu-
rity Act (42 U.S.C. 674(a)) is amended—
(1) in the matter preceding paragraph (1)—
(A) by striking ‘‘of—’’ and inserting ‘‘of 
the following:’’; 
(B) by striking ‘‘(1) an amount’’ and all 
that follows through the end of paragraph (3) 
and inserting the following: 
‘‘(1) The Federal medical assistance percentage 
(as defined in section 1905(b)) of each of the fol-
lowing: 
‘‘(A) The total amount expended during 
such quarter as foster care maintenance pay-
ments under section 472 for children in foster 
family homes or child-care institutions. 
‘‘(B) The total amount expended during 
such quarter as kinship guardianship assistance 
payments under section 472A for children with 
a kinship guardianship assistance agreement. 
‘‘(C) The total amount expended during 
such quarter as adoption assistance payments 
under section 473 pursuant to adoption assist-
ance agreements.
762
‘‘(D) Subject to paragraph (3), the total 
amount expended during such quarter for pre-
ventive, protective, crisis, permanency, inde-
pendent living, and post-permanency services 
and activities under section 474A. 
‘‘(E) The total amounts expended during 
such quarter as found necessary by the Sec-
retary for the provision of child placement serv-
ices and for the proper and efficient administra-
tion of the State plan. 
‘‘(F) The total amounts expended during 
such quarter as found necessary by the Sec-
retary for the training of— 
‘‘(i) personnel employed or preparing 
for employment by the State agency or by 
the local agency administering the plan in 
the political subdivision (including short- 
and long-term training at educational insti-
tutions through grants to such institutions 
or by direct financial assistance to stu-
dents enrolled in such institutions); 
‘‘(ii) current or prospective foster or 
adoptive parents and the members of the 
staff of State-licensed or State-approved 
child care institutions providing care to
763
foster and adopted children receiving as-
sistance under this part, in ways that in-
crease the ability of such current or pro-
spective parents, staff members, and insti-
tutions to provide support and assistance 
to foster and adopted children, whether in-
curred directly by the State or by contract 
but only for such expenditures (including 
travel and per diem expenses) that are in-
curred for short-term training; 
‘‘(iii) the staff of private State li-
censed or State approved child welfare 
agencies that provide preventive, crisis, 
protective permanency, post-permanency, 
and independent living services or care to 
foster and adopted children and children 
with relative guardians who are eligible for 
assistance under this part (including joint 
training and cross training of such staff); 
‘‘(iv) court staff, including judges, ju-
dicial personnel, law enforcement per-
sonnel, agency attorneys, attorneys rep-
resenting parents in proceedings conducted 
by or under the supervision of an abuse or 
neglect court, attorneys representing chil-
764
dren in such proceedings, guardian ad 
litems, volunteers who participate in court-
appointed special advocate (CASA) pro-
grams, and citizen review board members 
when under court auspices to keep children 
safe and provide permanent families for 
children, but only to the extent that any 
training offered to judges or any judicial 
personnel is offered by, or under contract 
with, the State or local agency in collabo-
ration with the judicial conference or other 
appropriate judicial governing body oper-
ating in the State; and 
‘‘(v) staff employed by State, local, or 
private nonprofit substance abuse preven-
tion and treatment agencies, mental health 
providers, domestic violence prevention and 
treatment providers, health agencies, child 
care agencies, schools, and community 
service agencies that are collaborating with 
the State or local agency administering the 
State plan under this part to keep children 
safe and provide permanent families for 
children, including adoptive families.
765
‘‘(G) The total amounts expended during 
such quarter as found necessary by the Sec-
retary for the planning, design, development, 
installation, or operation of statewide mecha-
nized data collection and information retrieval 
systems (including expenditures for hardware 
components for such systems) but only to the 
extent that such systems—
‘‘(i) meet the requirements imposed 
by regulations promulgated pursuant to 
section 479(b)(2); 
‘‘(ii) to the extent practicable, are ca-
pable of interfacing with the State data 
collection system that collects information 
relating to child abuse and neglect; and 
‘‘(iii) are determined by the Secretary 
to be likely to provide more efficient, eco-
nomical, and effective administration of 
the programs carried out under a State 
plan approved under part B or this part.’’; 
(2) in paragraph (4)—
(A) by striking ‘‘the lesser’’ and inserting 
‘‘The lesser’’; and 
(B) by redesignating such paragraph as 
paragraph (2); and
766
(3) by adding at the end the following new 
paragraph: 
‘‘(3) With respect to a State that elects to pro-
vide preventive, protective, crisis, permanency, inde-
pendent living, and post-permanency services and ac-
tivities under section 474A, that begins the process 
for accreditation of the State agency administering 
the program under this part within 3 years after the 
date of enactment of the Leave No Child Behind Act 
of 2003, and that has such State agency accredited 
by a nationally recognized accrediting agency ap-
proved by the Secretary to provide such accredita-
tion, the Federal medical assistance percentage for 
the State shall be increased by 1 percentage point a 
year for each of the 4 consecutive years in which the 
agency is so accredited for purposes of making the 
payments described in paragraph (1)(D), beginning 
with the first fiscal year quarter that begins after 
the State submits to the Secretary evidence of such 
accreditation.’’. 
(b) CONFORMING AMENDMENTS.—
(1) Section 473(a)(6)(B) of such Act (42 
U.S.C. 673(a)(6)(B)) is amended by striking 
‘‘474(a)(3)(E)’’ and inserting ‘‘474(a)(1)(E)’’.
767
(2) Section 477(h) of such Act (42 U.S.C. 
677(h)) is amended by striking ‘‘474(a)(4)’’ and in-
serting ‘‘474(a)(2)’’. 
SEC. 8006. ELIMINATION OF DISINCENTIVE FOR FOSTER 
PARENTS TO ADOPT CHILDREN WITH SPE-
CIAL NEEDS WHO HAVE BEEN IN THEIR FOS-
TER CARE. 
The last sentence of section 473(a)(3) of the Social 
Security Act (42 U.S.C 673(a)(3)) is amended to read as 
follows: ‘‘However, an adoptive parent shall be eligible to 
receive an adoption assistance payment under clause (ii) 
of paragraph (1)(B) that is at least equal to the foster 
care maintenance payment which would have been paid 
during the period if the child with respect to whom the 
adoption assistance payment is made had been in a foster 
family home.’’. 
SEC. 8007. EXTENSION OF ADOPTION ASSISTANCE PAY-
MENTS. 
Section 473(a)(4) of the Social Security Act (42 
U.S.C. 673(a)(4)) is amended by striking ‘‘(or,’’ and in-
serting ‘‘(or, in the case of a child who is a full-time stu-
dent in a secondary school or in the equivalent educational 
level of a vocational or technical training program, the age 
of nineteen, or’’.
768
SEC. 8008. REIMBURSEMENT FOR ROOM AND BOARD IN 
FOSTER FAMILY HOMES, CHILD CARE INSTI-
TUTIONS, OR SUPERVISED LIVING ARRANGE-
MENTS FOR YOUNG PEOPLE AGING OUT OF 
FOSTER CARE. 
Section 472 of the Social Security Act (42 U.S.C. 
672) is amended by adding at the end the following: 
‘‘(i)(1) Notwithstanding any other provision of this 
part, a State may make foster care maintenance payments 
(as defined in section 475(4)) under this section on behalf 
of eligible individuals described in paragraph (2) for reim-
bursement of room and board expenses incurred for such 
individuals in a foster family home, child care institution, 
or other supervised living arrangement as approved by the 
State agency, in order to assist such individuals to leave 
foster care and transition to self-sufficiency. 
‘‘(2) An eligible individual described in this para-
graph is an individual who—
‘‘(A) was in foster care on the date that the in-
dividual attained age 17 and had been in foster care 
for at least 1 year prior to that date; 
‘‘(B) has not attained age 22; 
‘‘(C) is in the process of completing secondary 
education, enrolled in an institution that provides 
postsecondary education or vocational training, or is 
employed for at least 80 hours per month;
769
‘‘(D) is participating in independent living ac-
tivities of the type that may be supported under the 
John H. Chafee Foster Care Independence Program 
under section 477; and 
‘‘(E) has a case plan that includes a specific 
plan for how the individual will achieve independent 
living and that provides for the individual to reside 
in a setting that promotes personal responsibility 
and encourages self-sufficiency. 
‘‘(3)(A) A State may not receive payments under sec-
tion 474(a)(1)(A) for expenditures under this subsection 
unless with respect to fiscal year 2004 and each fiscal year 
thereafter, the total Federal, State, and local expenditures 
for reimbursements described in paragraph (1) in the 
State (or for related independent living services) equals 
or exceeds the total of such expenditures for fiscal year 
2003. 
‘‘(B) The amount of total Federal, State, and local 
expenditures required under subparagraph (A) to be main-
tained for a fiscal year may be reduced appropriately if 
the total Federal expenditures for that fiscal year are less 
than such the amount of such expenditures for fiscal year 
2003. 
‘‘(4) With respect to a fiscal year, a State that makes 
foster care maintenance payments under this subsection
770
shall submit to the Secretary an annual report that in-
cludes the following: 
‘‘(A) The number of eligible individuals de-
scribed in paragraph (2) who received foster care 
maintenance payments under this subsection and the 
nature of the settings in which such individuals were 
housed. 
‘‘(B) A description of the steps being under-
taken in the State to promote housing opportunities 
for individuals transitioning from foster care after 
attaining age 18 and for individuals that have al-
ready transitioned out of foster care as a result of 
age. 
‘‘(C) Recommendations regarding the types of 
Federal assistance that would assist the State to 
better meet the housing need of the individuals de-
scribed in subparagraph (B).’’. 
SEC. 8009. ADDITIONAL ACCOUNTABILITY. 
Section 471(a) of the Social Security Act (42 U.S.C. 
671(a)), as amended by section 8001(b), is amended—
(1) in paragraph (24), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (25)(E), by striking the period 
and inserting a semicolon; 
(3) by adding at the end the following:
771
‘‘(26) provides that, beginning with January 1, 
2006, and each January 1 thereafter, the State 
agency shall prepare and submit to the Secretary, 
and make available to the public, including through 
posting on the State agency’s Internet website, a re-
port that, with respect to the 2 preceding fiscal 
years that are the subject of the report, describes—
‘‘(A) how the funding made available 
under section 474A has been used; 
‘‘(B) the impact that the services and ac-
tivities undertaken with such funding has had 
on—
‘‘(i) preventing the abuse and neglect 
and repeat abuse and neglect of children; 
‘‘(ii) preventing the entry and re-entry 
of children into foster care; 
‘‘(iii) decreasing the length of stay of 
children in foster care in the State; and 
‘‘(iv) promoting permanent place-
ments for children; 
‘‘(C) efforts by the State agency to im-
prove the quality and retention of supervisors 
and staff who are delivering services under the 
State plan approved under this part, directly or
772
under contract, and to improve the workloads of 
staff; 
‘‘(D) efforts by the State agency or local 
agencies to use community partners to promote 
safety and permanence for children, including a 
description of—
‘‘(i) collaborative work with substance 
abuse, mental health, health, or domestic 
violence agencies or providers to address 
the needs of the families assisted under 
this part; 
‘‘(ii) the involvement of community-
based organizations with the State agency; 
‘‘(iii) how parents are engaged in the 
delivery of services; and 
‘‘(iv) efforts to utilize family team 
meeting, family group decisionmaking, or 
other activities that build on family 
strengths and address what families need; 
‘‘(E) the procedures that are in place to 
ensure that children who are returned home or 
placed in other permanent settings receive the 
support they need to remain home or in such a 
setting; and
773
‘‘(F) the status of the State’s most recent 
child and family services review and its pro-
gram improvement plan activities, if applicable; 
and 
‘‘(27) provides that, beginning on January 1, 
2006, the independent body charged with reviewing 
cases of children (such as a court, citizen review 
board, or independent administrative review body) 
biannually shall submit a report to the Secretary, in 
such form and manner as the Secretary shall re-
quire, that describes—
‘‘(A) the status of children in the State, as 
reflected in the reviews conducted by such body; 
‘‘(B) the barriers to moving children in the 
State in accordance with the permanency plans 
for such children; and 
‘‘(C) recommendations for the amount of 
resources, fiscal and otherwise, that are needed 
to better meet the goals of safety and perma-
nence for children established in the Adoption 
and Safe Families Act of 1997.’’.
774
SEC. 8010. AUTHORITY OF INDIAN TRIBES TO RECEIVE FED-
ERAL FUNDS FOR FOSTER CARE AND ADOP-
TION ASSISTANCE. 
(a) CHILDREN PLACED IN TRIBAL CUSTODY ELIGI-
BLE FOR FOSTER CARE FUNDING.—Section 472(a)(2) of 
the Social Security Act (42 U.S.C. 672(a)(2)) is amend-
ed—
(1) by striking ‘‘or (B)’’ and inserting ‘‘(B)’’; 
and 
(2) by inserting before the semicolon the fol-
lowing: ‘‘, or (C) an Indian tribe (as defined in sec-
tion 479B(e)) or an intertribal consortium if the In-
dian tribe or consortium is not operating a program 
pursuant to section 479B and (i) has a cooperative 
agreement with a State pursuant to section 479B(c) 
or (ii) submits to the Secretary a description of the 
arrangements (jointly developed or developed in con-
sultation with the State) made by the Indian tribe 
or consortium for the payment of funds and the pro-
vision of the child welfare services and protections 
required by this title’’. 
(b) PROGRAMS OPERATED BY INDIAN TRIBAL ORGA-
NIZATIONS.—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:
775
‘‘SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL OR-
GANIZATIONS. 
‘‘(a) APPLICATION.—Except as provided in sub-
section (b), this part shall apply to an Indian tribe that 
elects to operate a program under this part in the same 
manner as this part applies to a State. 
‘‘(b) MODIFICATION OF PLAN REQUIREMENTS.—
‘‘(1) IN GENERAL.—In the case of an Indian 
tribe submitting a plan for approval under section 
471, the plan shall—
‘‘(A) in lieu of the requirement of section 
471(a)(3), identify the service area or areas and 
population to be served by the Indian tribe; and 
‘‘(B) in lieu of the requirement of section 
471(a)(10), provide for the approval of foster 
homes pursuant to tribal standards and in a 
manner that ensures the safety of, and account-
ability for, children placed in foster care. 
‘‘(2) DETERMINATION OF FEDERAL SHARE.—
‘‘(A) PER CAPITA INCOME.—
‘‘(i) IN
GENERAL.—For purposes of 
determining the Federal medical assistance 
percentage applicable to an Indian tribe el-
igible for payments under section 474(a), 
the calculation of an Indian tribe’s per 
capita income shall be based upon the serv-
776
ice population of the Indian tribe as de-
fined in its plan in accordance with para-
graph (1)(A). 
‘‘(ii) CONSIDERATION OF OTHER IN-
FORMATION.—An Indian tribe may submit 
to the Secretary such information as the 
Indian tribe considers relevant to the cal-
culation of the per capita income of the In-
dian tribe, and the Secretary shall consider 
such information before making the cal-
culation. 
‘‘(B) 
SOURCES
OF
NON-FEDERAL 
SHARE.—An Indian tribe may use Federal or 
State funds to match payments for which the 
Indian tribe is eligible under section 474. 
‘‘(3) MODIFICATION
OF
OTHER
REQUIRE-
MENTS.—Upon the request of an Indian tribe or 
tribes, the Secretary may modify any requirement 
under this part if, after consulting with the Indian 
tribe or tribes, the Secretary determines that modi-
fication of the requirement would advance the best 
interests and the safety of children served by the In-
dian tribe or tribes. 
‘‘(4) CONSORTIUM.—The participating Indian 
tribes of an intertribal consortium may develop and
777
submit a single plan under section 471 that meets 
the requirements of this section. 
‘‘(c) COOPERATIVE AGREEMENTS.—An Indian tribe 
or intertribal consortium and a State may enter into a 
cooperative agreement for the administration or payment 
of funds pursuant to this part. In any case where an In-
dian tribe or intertribal consortium and a State enter into 
a cooperative agreement that incorporates any of the pro-
visions of this section, those provisions shall be valid and 
enforceable. Any such cooperative agreement that is in ef-
fect as of the date of enactment of this section, shall re-
main in full force and effect subject to the right of either 
party to the agreement to revoke or modify the agreement 
pursuant to the terms of the agreement. 
‘‘(d) REGULATIONS.—Not later than 1 year after the 
date of enactment of this section, the Secretary shall, in 
full consultation with Indian tribes and tribal organiza-
tions, promulgate regulations to carry out this section. 
‘‘(e) DEFINITIONS OF INDIAN TRIBE; TRIBAL ORGA-
NIZATIONS.—In this section, the terms ‘Indian tribe’ and 
‘tribal organization’ have the meanings given those terms 
in subsections (e) and (l) of section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 
450b), respectively.’’.
778
(c) EFFECTIVE DATE.—The amendments made by 
this section take effect on the date of enactment of this 
Act without regard to regulations to implement such 
amendments being promulgated by such date. 
Subtitle B—Social Services Block 
Grant 
SEC. 8101. SHORT TITLE. 
This subtitle may be cited as the ‘‘Social Services 
Block Grant Restoration Act’’. 
SEC. 8102. FINDINGS. 
Congress makes the following findings: 
(1) Since 1975, title XX of the Social Security 
Act (42 U.S.C. 1397 et seq.), commonly referred to 
as the Social Services Block Grant (in this section 
referred to as ‘‘SSBG’’), has authorized funding for 
social services to ensure that at-risk children and 
families, the elderly, and physically and mentally dis-
abled individuals remain stable, independent, and 
economically self sufficient. In 1981, Congress and 
the Reagan Administration converted SSBG into a 
block grant designed to give maximum flexibility to 
States to serve these fundamental purposes. 
(2) Funds provided under the SSBG focus cost-
effective support at the community level that pre-
vents the need for inappropriate institutional care
779
which is more costly for Federal and State programs 
such as the medicaid, medicare, and the social secu-
rity disability benefits programs. 
(3) The SSBG helps to further the goals set 
forth in the Personal Responsibility and Work Op-
portunity Reconciliation Act of 1996 (Public Law 
104–193; 110 Stat. 2105) by supporting the Tem-
porary Assistance to Needy Families program 
(TANF) and support-related programs such as on-
the-job training, child care, transportation, coun-
seling, and other services that facilitate long-term 
family stability and economic self-sufficiency. 
(4) The SSBG provides essential funding to 
many States for child welfare services that support 
the goals of the Adoption and Safe Families Act of 
1997 (Public Law 105–89; 111 Stat. 2115) to pro-
mote a safe family environment and encourage adop-
tion to move children into stable and permanent 
families.
(5) The SSBG helps promote independent living 
for vulnerable and low-income elderly individuals by 
supporting home care services, including home-deliv-
ered meals, adult protective services, adult day care, 
and other essential case management services pro-
vided in every State.
780
(6) It is reported that 820,000 older Americans 
are abused and neglected in this country each year. 
There are additional concerns about the under re-
porting of elderly abuse and neglect. The SSBG sup-
ports adult protective services that prevent wide-
spread abuse and neglect of older Americans and 
help more than 651,000 elderly individuals in 31 
States. 
(7) More than 570,000 disabled individuals re-
ceive a range of community-based services and sup-
ports nationwide. The SSBG provides significant re-
sources to fill the funding gaps in the developmental 
disabilities system by supporting such services as 
early intervention and crisis intervention, adult day 
care, respite care, transportation, employment train-
ing, and independent living services in 38 States. 
(8) The SSBG supports essential mental health 
and related services to ensure that vulnerable adults 
and children receive early intervention to prevent 
more serious and costly mental health crises in the 
future. Such services include the provision of coun-
seling to almost 400,000 adults and children, case 
management services for nearly 900,000 families, 
and the provision of information and referral assist-
ance to more than 1,300,000 individuals.
781
(9) There are nearly 3,000,000 reports of child 
abuse and neglect each year. There are currently 
over 300,000 children in the American foster care 
system. The SSBG enables the provision of child 
protective services to 1,300,000 children, adoption 
services to over 150,000 children and families, and 
prevention and intervention services to more than 
700,000 families. 
(10) The SSBG has been eroded by more than 
$1,000,000,000 over the last 6 years resulting in 
cuts in services in many States and local commu-
nities. 
(11) Temporary Assistance to Needy Families 
(TANF) block grants cannot be used to make up 
cuts to the SSBG because a large percentage of 
SSBG funds are used for the elderly, disabled, and 
other populations that are ineligible for TANF 
funds. 
(12) The 104th Congress made a commitment 
to the SSBG in the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (Pub-
lic Law 104–193; 110 Stat. 2105) by authorizing 
the program at $2,380,000,000 through fiscal year 
2002 and returning the authorization for the pro-
782
gram to $2,800,000,000 in fiscal year 2003 and 
each succeeding fiscal year. 
SEC. 8103. RESTORATION OF AUTHORITY TO TRANSFER UP 
TO 10 PERCENT OF TANF FUNDS TO THE SO-
CIAL SERVICES BLOCK GRANT. 
(a) IN GENERAL.—Section 404(d)(2) of the Social 
Security Act (42 U.S.C. 604(d)(2)) is amended to read 
as follows: 
‘‘(2) LIMITATION ON AMOUNT TRANSFERABLE 
TO
TITLE
XX
PROGRAMS.—A State may use not 
more than 10 percent of the amount of any grant 
made to the State under section 403(a) for a fiscal 
year to carry out State programs pursuant to title 
XX.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) applies to amounts made available for fiscal 
year 2004 and each fiscal year thereafter. 
SEC. 8104. RESTORATION OF FUNDS FOR THE SOCIAL SERV-
ICES BLOCK GRANT. 
Section 2003(c) of the Social Security Act (42 U.S.C. 
1397b(c)) is amended—
(1) in paragraph (10), by striking ‘‘and’’ at the 
end; and 
(2) in paragraph (11), by striking ‘‘ and each 
fiscal year thereafter.’’ and inserting ‘‘; and’’; and
783
(3) by adding at the end the following: 
‘‘(12) $2,380,000,000 for the fiscal year 2004 
and each fiscal year thereafter.’’. 
SEC. 8105. REQUIREMENT TO SUBMIT ANNUAL REPORT ON 
STATE ACTIVITIES. 
(a) IN GENERAL.—Section 2006(c) of the Social Se-
curity Act (42 U.S.C. 1397e(c)) is amended by adding at 
the end the following new sentence: ‘‘The Secretary shall 
compile the information submitted by the States and sub-
mit that information to Congress on an annual basis.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) applies to information submitted by States 
under section 2006 of the Social Security Act (42 U.S.C. 
1397e) with respect to fiscal year 2003 and each fiscal 
year thereafter. 
Subtitle C—Child Protection and 
Alcohol and Drug Partnerships 
SEC. 8201. SHORT TITLE. 
This subtitle may be cited as the ‘‘Child Protection/
Alcohol and Drug Partnership Act’’. 
SEC. 8202. CHILD PROTECTION/ALCOHOL AND DRUG PART-
NERSHIPS FOR CHILDREN. 
Part B of title IV of the Social Security Act (42 
U.S.C. 620 et seq.) is amended by adding at the end the 
following:
784
‘‘Subpart 3—Child Protection/Alcohol and Drug 
Partnerships For Children 
‘‘SEC. 440. DEFINITIONS. 
‘‘In this subpart: 
‘‘(1) ALASKA
NATIVE
ORGANIZATION.—The 
term ‘Alaska Native Organization’ means any orga-
nized group of Alaska Natives eligible to operate a 
Federal program under the Indian Self-Determina-
tion Act (25 U.S.C. 450f et seq.) or such group’s 
designee.
‘‘(2) ADMINISTRATIVE COSTS.—
‘‘(A) IN GENERAL.—The term ‘administra-
tive costs’ means the costs for the general ad-
ministration of administrative activities, includ-
ing contract costs and all overhead costs. 
‘‘(B) EXCLUSION.—Such term does not in-
clude the direct costs of providing services and 
costs related to case management, training, 
technical assistance, evaluation, establishment, 
and operation of information systems, and such 
other similar costs that are also an integral 
part of service delivery. 
‘‘(3) ELIGIBLE
STATE.—The term ‘eligible 
State’ means a State that submits a joint applica-
tion from the State agencies that—
785
‘‘(A) includes a plan that meets the re-
quirements of section 442; and 
‘‘(B) is approved by the Secretary for a 5-
year period after consultation with the Assist-
ant Secretary for the Administration for Chil-
dren and Families and the Administrator of the 
Substance Abuse and Mental Health Services 
Administration. 
‘‘(4) INDIAN TRIBE.—The term ‘Indian tribe’ 
means any Indian tribe, band, Nation or other orga-
nized group or community of Indians, including any 
Alaska Native Organization, that is recognized as el-
igible for the special programs and services provided 
by the United States to Indians because of their sta-
tus as Indians. 
‘‘(5) STATE.—
‘‘(A) IN
GENERAL.—The term ‘State’ 
means each of the 50 States, the District of Co-
lumbia, and the territories described in sub-
paragraph (B). 
‘‘(B) TERRITORIES.—
‘‘(i) IN GENERAL.—The territories de-
scribed in this subparagraph are Puerto 
Rico, Guam, the United States Virgin Is-
786
lands, American Samoa, and the Northern 
Mariana Islands. 
‘‘(ii) AUTHORITY
TO
MODIFY
RE-
QUIREMENTS.—The Secretary may modify 
the requirements of this subpart with re-
spect to a territory described in clause (i) 
to the extent necessary to allow such a ter-
ritory to conduct activities through funds 
provided under a grant made under this 
subpart. 
‘‘(6) STATE AGENCIES.—The term ‘State agen-
cies’ means the State child welfare agency and the 
unit of State government responsible for the admin-
istration of the substance abuse prevention and 
treatment block grant provided under subpart II of 
part B of title XIX of the Public Health Service Act 
(42 U.S.C. 300x–21 et seq.). 
‘‘(7) TRIBAL ORGANIZATION.—The term ‘tribal 
organization’ means the recognized governing body 
of an Indian tribe.
‘‘SEC. 441. GRANTS TO PROMOTE CHILD PROTECTION/AL-
COHOL AND DRUG PARTNERSHIPS FOR CHIL-
DREN. 
‘‘(a) AUTHORITY TO AWARD GRANTS.—The Sec-
retary may award grants to eligible States and directly
787
to Indian tribes in accordance with the requirements of 
this subpart for the purpose of promoting joint activities 
among Federal, State, and local public child welfare and 
alcohol and drug abuse prevention and treatment agencies 
(and among child welfare and alcohol and drug abuse pre-
vention and treatment agencies that are providing services 
to children in Indian tribes) that focus on families with 
alcohol or drug abuse problems who come to the attention 
of the child welfare system and are designed to—
‘‘(1) increase the capacity of both the child wel-
fare system and the alcohol and drug abuse preven-
tion and treatment system to address comprehen-
sively and in a timely manner the needs of such fam-
ilies to improve child safety, family stability, and 
permanence; and 
‘‘(2) promote recovery from alcohol and drug 
abuse problems. 
‘‘(b) NOTIFICATION.—Not later than 60 days after 
the date a joint application is submitted by the State agen-
cies or an application is submitted by an Indian tribe, the 
Secretary shall notify a State or Indian tribe that the ap-
plication has been approved or disapproved. 
‘‘SEC. 442. PLAN REQUIREMENTS. 
‘‘(a) CONTENTS.—Subject to subsection (c), the plan 
shall contain the following:
788
‘‘(1) A detailed description of how the State 
agencies will work jointly to implement a range of 
activities to meet the alcohol and drug abuse preven-
tion and treatment needs of families who come to 
the attention of the child welfare system and to pro-
mote child safety, permanence, and family stability. 
‘‘(2) An assurance that the heads of the State 
agencies shall jointly administer the grant program 
funded under this subpart and a description of how 
they will do so. 
‘‘(3) A description of the nature and extent of 
the problem of alcohol and drug abuse among fami-
lies who come to the attention of the child welfare 
system in the State, and of any plans being imple-
mented to further identify and assess the extent of 
the problem. 
‘‘(4) A description of any joint activities already 
being undertaken by the State agencies in the State 
on behalf of families with alcohol and drug abuse 
problems who come to the attention of the child wel-
fare system (including any existing data on the im-
pact of such joint activities) such as activities relat-
ing to—
‘‘(A) the appropriate screening and assess-
ment of cases;
789
‘‘(B) consultation on cases involving alco-
hol and drug abuse; 
‘‘(C) arrangements for addressing con-
fidentiality and sharing of information; 
‘‘(D) cross training of staff; 
‘‘(E) co-location of services; 
‘‘(F) support for comprehensive treatment 
programs for parents and their children; and
‘‘(G) establishing priority of child welfare 
families for assessment or treatment. 
‘‘(5)(A) A description of the joint activities to 
be funded in whole or in part with the funds pro-
vided under the grant, including the sequencing of 
the activities proposed to be conducted under the 5-
year funding cycle and the goals to be achieved dur-
ing such funding cycle. The activities and goals shall 
be designed to improve the capacity of the State 
agencies to work jointly to improve child safety, fam-
ily stability, and permanence for children whose fam-
ilies come to the attention of the child welfare sys-
tem and to promote their parents’ recovery from al-
cohol and drug abuse. 
‘‘(B) The description shall include a statement 
as to why the State agencies chose the specified ac-
tivities and goals.
790
‘‘(6) A description as to whether and how the 
joint activities described in paragraph (5), and other 
related activities funded with Federal funds, will ad-
dress some or all of the following practices and pro-
cedures: 
‘‘(A) Practices and procedures designed to 
appropriately—
‘‘(i) identify alcohol and drug treat-
ment needs; 
‘‘(ii) assess such needs; 
‘‘(iii) assess risks to the safety of a 
child and the need for permanency with re-
spect to the placement of a child; 
‘‘(iv) enroll families in appropriate 
services and treatment in their commu-
nities; and 
‘‘(v) regularly assess the progress of 
families receiving such treatment. 
‘‘(B) Practices and procedures designed to 
provide comprehensive and timely individualized 
alcohol and drug abuse prevention and treat-
ment services for families who come to the at-
tention of the child welfare system that include 
a range of options that are available, accessible,
791
and appropriate, and that may include the fol-
lowing components: 
‘‘(i) Preventive and early intervention 
services for children of parents with alcohol 
and drug abuse problems that integrate al-
cohol and drug abuse prevention services 
with mental health and domestic violence 
services, and that recognize the mental, 
emotional, and developmental problems the 
children may experience. 
‘‘(ii) Prevention and early intervention 
services for parents at risk for alcohol and 
drug abuse problems. 
‘‘(iii) Comprehensive home-based, out-
patient, and residential treatment options. 
‘‘(iv) After-care support (both formal 
and informal) for families in recovery that 
promotes child safety and family stability. 
‘‘(v) Services and supports that focus 
on parents, parents with their children, 
parents’ children, other family members, 
and parent-child interaction. 
‘‘(C) Elimination of existing barriers to 
treatment and to child safety and permanence, 
such as difficulties in sharing information
792
among agencies and differences between the 
values and treatment protocols of the different 
agencies. 
‘‘(D) Effective engagement and retention 
strategies. 
‘‘(E) Pre-service and in-service joint train-
ing of management and staff of child welfare 
and alcohol and drug abuse prevention and 
treatment agencies, and, where appropriate, 
judges and other court staff, to—
‘‘(i) increase such individuals’ aware-
ness and understanding of alcohol and 
drug abuse and related child abuse and ne-
glect; 
‘‘(ii) more accurately identify and 
screen alcohol and drug abuse and child 
abuse in families; 
‘‘(iii) improve assessment skills of 
both child abuse and alcohol and drug 
abuse staff, including skills to assess risk 
to children’s safety; 
‘‘(iv) increase staff knowledge of the 
services and resources that are available in 
such individuals’ communities and appro-
priate for such families; and
793
‘‘(v) increase awareness of the impor-
tance of permanence for children and the 
timelines for decisionmaking regarding per-
manence in the child welfare system. 
‘‘(F) Progress in enhancing the abilities of 
the State agencies to improve the data systems 
of such agencies in order to monitor the 
progress of families, evaluate service and treat-
ment outcomes, and determine which ap-
proaches and activities are most effective. 
‘‘(G) Evaluation strategies to demonstrate 
the effectiveness of treatment and identify the 
aspects of treatment that have the greatest im-
pact on families in different circumstances. 
‘‘(H) Training and technical assistance to 
increase the capacity within the State to carry 
out 1 or more of the activities described in this 
paragraph or related activities that are designed 
to expand prevention and treatment services 
for, and staff training to assist families with al-
cohol and drug abuse problems who come to the 
attention of the child welfare system. 
‘‘(7) A description of the jurisdictions in the 
State (including whether such jurisdictions are 
urban, suburban, or rural) where the joint activities
794
will be provided, and the plans for expanding such 
activities to other parts of the State during the 5-
year funding cycle. 
‘‘(8) A description of the methods to be used in 
measuring progress toward the goals identified 
under paragraph (5), including how the State agen-
cies will jointly measure their performance in accord-
ance with section 445, and how remaining barriers 
to meeting the needs of families with alcohol or drug 
abuse problems who come to the attention of the 
child welfare system will be assessed. 
‘‘(9) A description of what input was obtained 
in the development of the plan and the joint applica-
tion from each of the following groups of individuals, 
and the manner in which each will continue to be in-
volved in the proposed joint activities: 
‘‘(A) Staff who provide alcohol and drug 
abuse prevention and treatment and related 
services to families who come to the attention 
of the child welfare system. 
‘‘(B) Advocates for children and parents 
who come to the attention of the child welfare 
and alcohol and drug abuse prevention and 
treatment systems.
795
‘‘(C) Consumers of both child welfare and 
alcohol and drug abuse prevention and treat-
ment services. 
‘‘(D) Direct service staff and supervisors 
from public and private child welfare and alco-
hol and drug abuse prevention and treatment 
agencies. 
‘‘(E) Judges and court staff. 
‘‘(F) Representatives of the State agencies 
and private providers providing health, mental 
health, domestic violence, housing, education, 
and employment services. 
‘‘(G) A representative of the State agency 
in charge of administering the temporary assist-
ance to needy families program funded under 
part A of this title. 
‘‘(10) An assurance of the coordination, to the 
extent feasible and appropriate, of the activities 
funded under a grant made under this subpart with 
the services or benefits provided under other Federal 
or federally assisted programs that serve families 
with alcohol and drug abuse problems who come to 
the attention of the child welfare system, including 
health, mental health, domestic violence, housing, 
and employment programs, the temporary assistance
796
to needy families program funded under part A of 
this title, other child welfare and alcohol and drug 
abuse prevention and treatment programs, and the 
courts. 
‘‘(11) An assurance that not more than 10 per-
cent of expenditures under the plan for any fiscal 
year shall be for administrative costs. 
‘‘(12) An assurance that alcohol and drug 
treatment services provided at least in part with 
funds provided under a grant made under this sub-
part shall be licensed, certified, or otherwise ap-
proved by the appropriate State alcohol and drug 
abuse agencies, or in the case of an Indian tribe, by 
a State alcohol and drug abuse agency, the Indian 
Health Service, or other designated licensing agency. 
‘‘(13) An assurance that Federal funds pro-
vided to the State under a grant made under this 
subpart will not be used to supplant Federal or non-
Federal funds for services and activities provided as 
of the date of the submission of the plan that assist 
families with alcohol and drug abuse problems who 
come to the attention of the child welfare system. 
‘‘(b) AMENDMENTS.—
797
‘‘(1) IN GENERAL.—An eligible State or Indian 
tribe may amend, in whole or in part, its plan at any 
time through transmittal of a plan amendment. 
‘‘(2) 60-DAY
APPROVAL
DEADLINE.—A plan 
amendment is considered approved unless the Sec-
retary notifies an eligible State or Indian tribe in 
writing, within 60 days after receipt of the amend-
ment, that the amendment is disapproved (and the 
reasons for disapproval) or that specified additional 
information is needed. 
‘‘(c) REQUIREMENTS FOR APPLICATIONS BY INDIAN 
TRIBES.—
‘‘(1) IN GENERAL.—In order to be eligible for 
a grant made under this subpart, an Indian tribe 
shall—
‘‘(A) submit a plan to the Secretary that 
describes—
‘‘(i) the activities the tribe will under-
take with both child welfare and alcohol 
and drug agencies that serve the tribe’s 
children to address the needs of families 
who come to the attention of the child wel-
fare agencies and have alcohol and drug 
problems; and
798
‘‘(ii) whether and how such activities 
address any of the practice and policy 
areas in subsection (a)(6); and 
‘‘(B) subject to paragraph (2), meet the 
other requirements of subsection (a) unless, 
with respect to a specific requirement of such 
subsection, the Secretary determines that it 
would be inappropriate to apply such require-
ment to an Indian tribe, taking into account the 
resources, needs, and other circumstances of 
the Indian tribe. 
‘‘(2) ADMINISTRATIVE COSTS; USE OF FEDERAL 
FUNDS.—Paragraphs (11) and (13) of subsection 
(a) shall not apply to a plan submitted by an Indian 
tribe. The indirect cost rate agreement in effect for 
an Indian tribe shall apply with respect to adminis-
trative costs under the tribe’s plan. 
‘‘(3) AUTHORITY
FOR
INTERTRIBAL
CONSOR-
TIUM.—The participating Indian tribes of an inter-
tribal consortium may develop and submit a single 
plan that meets the applicable requirements of sub-
section (a) (as so determined by the Secretary) and 
paragraph (1) of this subsection.
799
‘‘SEC. 443. APPROPRIATION OF FUNDS. 
‘‘(a) APPROPRIATIONS.—For the purpose of pro-
viding allotments to eligible States and Indian tribes under 
this subpart and research and training under subsection 
(b)(3), there is appropriated out of any money in the 
Treasury not otherwise appropriated—
‘‘(1) for fiscal year 2004, $200,000,000; 
‘‘(2) for fiscal year 2005, $275,000,000; 
‘‘(3) for fiscal year 2006, $375,000,000; 
‘‘(4) for fiscal year 2007, $475,000,000; and 
‘‘(5) for fiscal year 2008, $575,000,000.
‘‘(b) RESERVATION OF FUNDS.—With respect to a 
fiscal year: 
‘‘(1) TERRITORIES.—The Secretary shall re-
serve 2 percent of the amount appropriated under 
subsection (a) for such fiscal year for payments to 
Puerto Rico, Guam, the United States Virgin Is-
lands, American Samoa, and the Northern Mariana 
Islands. 
‘‘(2) INDIAN TRIBES.—The Secretary shall re-
serve not less than 3 nor more than 5 percent of the 
amount appropriated under subsection (a) for such 
fiscal year for direct payments to Indian tribes and 
Indian tribal organizations for activities intended to 
increase the capacity of the Indian tribes and tribal 
organizations to expand treatment, services, and
800
training to assist families with alcohol and drug 
abuse problems who come to the attention of the 
child welfare agencies. 
‘‘(3) RESEARCH AND TRAINING.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary shall reserve 1 percent 
of the amount appropriated under subsection 
(a) for such fiscal year for practice-based re-
search on the effectiveness of various ap-
proaches for the screening, assessment, engage-
ment, treatment, retention, and monitoring of 
families with alcohol and drug abuse problems 
who come to the attention of the child welfare 
system, and for training of staff in such areas 
and shall ensure that a portion of such amount 
is used for research on the effectiveness of these 
approaches for Indian children and for the 
training of staff serving children from the In-
dian tribes. 
‘‘(B) 
DETERMINATION
OF
USE
OF 
FUNDS.—Funds reserved under subparagraph 
(A) may only be used to carry out a research 
agenda that addresses the areas described in 
such subparagraph and that is established by 
the Secretary, together with the Assistant Sec-
801
retary for the Administration for Children and 
Families and the Administrator of Substance 
Abuse and Mental Health Services Administra-
tion, with input from public and private non-
profit providers, consumers, representatives of 
Indian tribes, and advocates, as well as others 
with expertise in research in such areas. 
‘‘SEC. 444. PAYMENTS TO ELIGIBLE STATES AND INDIAN 
TRIBES. 
‘‘(a) AMOUNT OF GRANT.—
‘‘(1) ELIGIBLE
STATES
OTHER
THAN
TERRI-
TORIES.—
‘‘(A) IN GENERAL.—From the amount ap-
propriated under subsection (a) of section 443 
for a fiscal year, after the reservation of funds 
required under subsection (b) of that section for 
the fiscal year and subject to subparagraphs 
(B) and (C), the Secretary shall pay to each eli-
gible State (after the Secretary has determined 
that the State has satisfied the matching re-
quirement under subsection (b)) an amount 
that bears the same ratio to such amount for 
such fiscal year as the number of children 
under the age of 18 that reside in the eligible 
State bears to the total number of children
802
under the age of 18 who reside in all such eligi-
ble States for such fiscal year. 
‘‘(B) MINIMUM ALLOTMENT.—In no case 
shall the amount of a payment to an eligible 
State for a fiscal year be less than an amount 
equal to 0.5 percent of the amount appropriated 
under subsection (a) of section 443 for the fis-
cal year, after the reservation of funds required 
under subsection (b) of that section. 
‘‘(C) PRO RATA REDUCTIONS.—The Sec-
retary shall make pro rata reductions in the 
amounts of the allotments determined under 
subparagraph (A) for a fiscal year to the extent 
necessary to comply with subparagraph (B). 
‘‘(2) TERRITORIES.—From the amounts re-
served under section 443(b)(1) for a fiscal year, the 
Secretary shall pay to each territory described in 
section 440(5)(B) with an approved plan that meets 
the requirements of section 442 (after the Secretary 
has determined that the territory has satisfied the 
matching requirement under subsection (b)) an 
amount that bears the same ratio to such amount 
for such fiscal year as the number of children under 
the age of 18 that reside in the territory bears to
803
the total number of children under the age of 18 
who reside in all such territories for such fiscal year. 
‘‘(3) INDIAN
TRIBES
OR
TRIBAL
ORGANIZA-
TIONS.—From the amount reserved under section 
443(b)(2) for a fiscal year, the Secretary shall pay 
to each Indian tribe with an approved plan that 
meets the requirements of section 442(c) (after the 
Secretary has determined that the Indian tribe has 
satisfied the matching requirement under subsection 
(b)) an amount that bears the same ratio to such re-
served amount for such fiscal year as the number of 
children under the age of 18 in the Indian tribe 
bears to the total number of children under the age 
of 18 in all Indian tribes with plans so approved for 
such fiscal year, as determined by the Secretary on 
the basis of the most current and reliable informa-
tion available to the Secretary. For purposes of mak-
ing the allocations required under the preceding sen-
tence, an Indian tribe may submit data and other in-
formation that it has on the number of Indian chil-
dren under the age of 18 for consideration by the 
Secretary. 
‘‘(b) MATCHING REQUIREMENT.—
‘‘(1) IN GENERAL.—In order to receive a grant 
under this subpart for a fiscal year, an eligible State
804
or Indian tribe shall provide through non-Federal 
contributions the applicable percentage determined 
under paragraph (2) for such fiscal year of the costs 
of conducting activities funded in whole or in part 
with funds provided under the grant. Such contribu-
tions shall be paid jointly by the State agencies, in 
the case of an eligible State, or by an Indian tribe. 
‘‘(2) APPLICABLE PERCENTAGE.—For purposes 
of paragraph (1), the applicable percentage for an 
eligible State or Indian tribe for a fiscal year is—
‘‘(A) 15 percent, in the case of fiscal years 
2004 and 2005; 
‘‘(B) 20 percent, in the case of fiscal years 
2006 and 2007; and 
‘‘(C) 25 percent, in the case of fiscal year 
2008. 
‘‘(3) SOURCE OF MATCH.—
‘‘(A) ELIGIBLE STATES.—The non-Federal 
contributions required of an eligible State under 
this subsection may be in cash or in kind, fairly 
evaluated, including plant, equipment, or serv-
ices. The contributions may be made directly or 
through donations from public or private enti-
ties. Amounts provided by the Federal Govern-
ment, or services assisted or subsidized to any
805
significant extent by the Federal Government 
may not be included in determining whether an 
eligible State has provided the applicable per-
centage of such contributions for a fiscal year. 
‘‘(B) INDIAN TRIBES.—With respect to an 
Indian tribe, such contributions may be made in 
cash, through donated funds, through non-pub-
lic third party in kind contributions, or from 
Federal funds received under any of the fol-
lowing provisions of law: 
‘‘(i) The Indian Child Welfare Act of 
1978 (25 U.S.C. 1901 et seq.). 
‘‘(ii) The Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 
450b et seq.). 
‘‘(iii) Title I of the Housing and Com-
munity Development Act of 1974 (42 
U.S.C. 5301 et seq.). 
‘‘(4) WAIVER.—
‘‘(A) ELIGIBLE STATES.—In the case of an 
eligible State, the Secretary, after consultation 
with the Assistant Secretary for the Adminis-
tration for Children and Families and the Ad-
ministrator of the Substance Abuse and Mental 
Health Services Administration, may modify the
820
manency goals of the Adoption and Safe Families Act of 
1997, including the following: 
‘‘(1) The barriers to permanence that are being 
or were addressed with grant funds. 
‘‘(2) The most effective strategies used to re-
duce the backlog of waiting children. 
‘‘(3) The activities funded under the grant that 
helped to reduce such backlog. 
‘‘(4) The numbers of waiting children who were 
moved to permanent homes, including the ages of 
such children, any special needs of such children, 
and a description of the children’s placements. 
‘‘(5) The efforts being made to ensure that the 
placements continue to be permanent. 
‘‘(6) The number of waiting children who re-
main in care without permanent families. 
‘‘(h) FUNDING.—There is appropriated, out of any 
money in the Treasury not otherwise appropriated, 
$200,000,000 for each of fiscal years 2004 and 2005 for 
the purpose of making grants under this section.’’. 
Subtitle E—Addressing the Needs 
of Children Exposed to Domes-
tic Violence 
SEC. 8401. FINDINGS. 
Congress makes the following findings: