99–006

107TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 107–281

PROMOTING SAFE AND STABLE FAMILIES AMENDMENTS

OF 2001

NOVEMBER 13, 2001.—Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed

Mr. THOMAS, from the Committee on Ways and Means,

submitted the following

R E P O R T

together with

ADDITIONAL VIEWS

[To accompany H.R. 2873]

[Including cost estimate of the Congressional Budget Office]

The Committee on Ways and Means, to whom was referred the

bill (H.R. 2873) to extend and amend the program entitled Promoting Safe and Stable Families under title IV–B, subpart 2 of the

Social Security Act, and to provide new authority to support programs for mentoring children of incarcerated parents; to amend the

Foster Care Independent Living program under title IV–E of that

Act to provide for educational and training vouchers for youths

aging out of foster care, and for other purposes, having considered

the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

CONTENTS

Page

I. Introduction .................................................................................................... 10

A. Purpose and Scope ............................................................................... 10

B. Background and Need for Legislation ................................................ 11

C. Legislative History .............................................................................. 12

II. Explanation of Provisions ............................................................................. 13

III. Votes of The Committee ................................................................................ 22

IV. Budget Effects of The Bill ............................................................................. 23

A. Committee Estimate of Budgetary Effects ........................................ 23

B. Statement Regarding New Budget Authority and Tax Expenditures .................................................................................................... 23

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C. Cost Estimate Prepared by The Congressional Budget Office ......... 24

V. Other Matters Required to Be Discussed Under The Rules of The House 26

A. Committee Oversight Findings and Recommendations .................... 26

B. Summary of General Performance Goals and Objectives ................. 27

C. Constitutional Authority Statement .................................................. 27

D. Information Related to Unfunded Mandates .................................... 27

VI. Changes in Existing Laws Made by The Bill, as Reported ........................ 27

VII. Additional Views ............................................................................................ 43

The amendment is as follows:

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Promoting Safe and Stable Families Amendments

of 2001’’.

SEC. 2. TABLE OF CONTENTS.

The table of contents of this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. References.

TITLE I—PROMOTING SAFE AND STABLE FAMILIES

Subtitle A—Grants to States for Promoting Safe and Stable Families

Sec. 101. Findings and purpose.

Sec. 102. Definition of family support services.

Sec. 103. Reallotments.

Sec. 104. Payments to States.

Sec. 105. Evaluations, research, and technical assistance.

Sec. 106. Authorization of appropriations; reservation of certain amounts.

Sec. 107. State court improvements.

Subtitle B—Mentoring Children of Prisoners

Sec. 121. Program authorized.

TITLE II—FOSTER CARE AND INDEPENDENT LIVING

Sec. 201. Educational and training vouchers for youths aging out of foster care.

Sec. 202. Reallocation and extension of funds.

TITLE III—EFFECTIVE DATE

Sec. 301. Effective date.

SEC. 3. REFERENCES.

Except as otherwise specified in this Act, an amendment made by this Act to a

section or other provision shall be considered an amendment to the section or other

provision of the Social Security Act.

TITLE I—PROMOTING SAFE AND STABLE

FAMILIES

Subtitle A—Grants to States for Promoting Safe

and Stable Families

SEC. 101. FINDINGS AND PURPOSE.

Section 430 (42 U.S.C. 629) is amended to read as follows:

‘‘SEC. 430. FINDINGS AND PURPOSE.

‘‘(a) FINDINGS.—The Congress finds that there is a continuing urgent need to protect children and to strengthen families as demonstrated by the following:

‘‘(1) Family support programs directed at specific vulnerable populations have

had positive effects on parents, children, or both. The vulnerable populations for

which programs have been shown to be effective include teenage mothers with

very young children and families that have children with special needs.

‘‘(2) Family preservation programs have been shown to provide extensive and

intensive services to families in crisis.

‘‘(3) The time lines established by the Adoption and Safe Families Act of 1997

have made the prompt availability of services to address family problems (and

in particular the prompt availability of appropriate services and treatment addressing substance abuse) an important factor in successful family reunification.

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‘‘(4) The rapid increases in the annual number of adoptions since the enactment of the Adoption and Safe Families Act of 1997 have created a growing

need for postadoption services and for service providers with the particular

knowledge and skills required to address the unique issues adoptive families

and children may face.

‘‘(b) PURPOSE.—The purpose of this program is to enable States to develop and establish, or expand, and to operate coordinated programs of community-based family

support services, family preservation services, time-limited family reunification services, and adoption promotion and support services to accomplish the following objectives:

‘‘(1) To prevent child maltreatment among families at risk through the provision of supportive family services.

‘‘(2) To assure children’s safety within the home and preserve intact families

in which children have been maltreated, when the family’s problems can be addressed effectively.

‘‘(3) To address the problems of families whose children have been placed in

foster care so that reunification may occur in a safe and stable manner in accordance with the Adoption and Safe Families Act of 1997.

‘‘(4) To support adoptive families by providing support services as necessary

so that they can make a lifetime commitment to their children.’’.

SEC. 102. DEFINITIONS.

(a) INCLUSION OF INFANT SAFE HAVEN PROGRAMS AMONG FAMILY PRESERVATION

SERVICES.—Section 431(a)(1) (42 U.S.C. 629a(a)(1)) is amended—

(1) by striking ‘‘and’’ at the end of subparagraph (D);

(2) by striking the period at the end of subparagraph (E) and inserting ‘‘;

and’’; and

(3) by adding at the end the following:

‘‘(F) infant safe haven programs to provide a way for a parent to safely

relinquish a newborn infant at a safe haven designated pursuant to a State

law.’’.

(b) FAMILY SUPPORT SERVICES.—Section 431(a)(2) (42 U.S.C. 629a(a)(2)) is amended by inserting ‘‘to strengthen parental relationships and promote healthy marriages,’’ after ‘‘environment,’’.

SEC. 103. REALLOTMENTS.

Section 433 (42 U.S.C. 629c) is amended by adding at the end the following:

‘‘(d) REALLOTMENTS.—The amount of any allotment to a State under this section

for any fiscal year that the State certifies to the Secretary will not be required for

carrying out the State plan under section 432 shall be available for reallotment

using the allotment methodology specified in this section. Any amount so reallotted

to a State is deemed part of the allotment of the State under the preceding provisions of this section.’’.

SEC. 104. PAYMENTS TO STATES.

(a) IN GENERAL.—Section 434(a) (42 U.S.C. 629d(a)) is amended—

(1) by striking paragraph (2);

(2) by striking all that precedes subparagraph (A) of paragraph (1) and inserting the following:

‘‘(a) ENTITLEMENT.—Each State that has a plan approved under section 432 shall

be entitled to payment of the lesser of—’’; and

(3) by redesignating subparagraphs (A) and (B) of paragraph (1) as paragraphs (1) and (2), respectively, and by indenting the provisions 2 ems to the

left.

(b) CONFORMING AMENDMENTS.—Section 434(b) (42 U.S.C. 629d(b)) is amended—

(1) in paragraph (1)—

(A) by striking ‘‘paragraph (1) or (2)(B) of’’; and

(B) by striking ‘‘described in this subpart’’ and inserting ‘‘under the State

plan under section 432’’; and

(2) in paragraph (2), by striking ‘‘subsection (a)(1)’’ and inserting ‘‘subsection

(a)’’.

SEC. 105. EVALUATIONS, RESEARCH, AND TECHNICAL ASSISTANCE.

Section 435 (42 U.S.C. 629e) is amended—

(1) by striking all that precedes ‘‘the effectiveness’’ in paragraph (1) of subsection (a), including the heading for section 435 and the caption for subsection

(a), and inserting the following:

‘‘SEC. 435. EVALUATIONS; RESEARCH; TECHNICAL ASSISTANCE.

‘‘(a) EVALUATIONS.—

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‘‘(1) IN GENERAL.—The Secretary shall evaluate and report to the Congress biennially on’’;

(2) by adding at the end of subsection (a) the following:

‘‘(3) TIMING OF REPORT.—Beginning in 2003, the Secretary shall submit the

biennial report required by this subsection not later than April 1 of every other

year, and shall include in each such report the funding level, the status of ongoing evaluations, findings to date, and the nature of any technical assistance provided to States under subsection (d).’’; and

(3) by adding at the end the following:

‘‘(c) RESEARCH.—The Secretary shall give priority consideration to the following

topics for research and evaluation under this subsection, using rigorous evaluation

methodologies where feasible:

‘‘(1) Promising program models in the service categories specified in section

430(b), particularly time-limited reunification services and postadoption services.

‘‘(2) Multi-disciplinary service models designed to address parental substance

abuse and to reduce its impacts on children.

‘‘(3) The efficacy of approaches directed at families with specific problems and

with children of specific age ranges.

‘‘(4) The outcomes of adoptions finalized after enactment of the Adoption and

Safe Families Act of 1997.

‘‘(d) TECHNICAL ASSISTANCE.—To the extent funds are available therefor, the Secretary shall provide technical assistance that helps States and Indian tribes to—

‘‘(1) develop research-based protocols for identifying families at risk of abuse

and neglect of use in the field;

‘‘(2) develop treatment models that address the needs of families at risk, particularly families with substance abuse issues;

‘‘(3) implement programs with well-articulated theories of how the intervention will result in desired changes among families at risk;

‘‘(4) establish mechanisms to ensure that service provision matches the treatment model; and

‘‘(5) establish mechanisms to ensure that postadoption services meet the

needs of the individual families and develop models to reduce the disruption

rates of adoption.’’.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS; RESERVATION OF CERTAIN AMOUNTS.

(a) MANDATORY FUNDING.—

(1) IN GENERAL.—Subpart 2 of part B of title IV (42 U.S.C. 629–629e) is

amended by adding at the end the following:

‘‘SEC. 436. AUTHORIZATION OF APPROPRIATIONS; RESERVATION OF CERTAIN AMOUNTS.

‘‘(a) AUTHORIZATION.—There are authorized to be appropriated to carry out the

provisions of this subpart $305,000,000 for each of fiscal years 2002 through 2006.

‘‘(b) RESERVATION OF CERTAIN AMOUNTS.—From the amount specified in subsection (a) for a fiscal year, the Secretary shall reserve amounts as follows:

‘‘(1) EVALUATION, RESEARCH, TRAINING, AND TECHNICAL ASSISTANCE.—The Secretary shall reserve $6,000,000 for expenditure by the Secretary—

‘‘(A) for research, training, and technical assistance costs related to the

program under this subpart; and

‘‘(B) for evaluation of State programs based on the plans approved under

section 432 and funded under this subpart, and any other Federal, State,

or local program, regardless of whether federally assisted, that is designed

to achieve the same purposes as the State programs.

‘‘(2) STATE COURT IMPROVEMENTS.—The Secretary shall reserve $10,000,000

for grants under section 438.

‘‘(3) INDIAN TRIBES.—The Secretary shall reserve 1 percent for allotment to Indian tribes in accordance with section 433(a).’’.

(2) CONFORMING AMENDMENTS.—Section 433 (42 U.S.C. 629c) is amended—

(A) in subsection (a), by striking ‘‘section 430(d)(3)’’ and inserting ‘‘section

436(b)(3)’’;

(B) in subsection (b)—

(i) by striking ‘‘section 430(b)’’ and inserting ‘‘section 436(a)’’; and

(ii) by striking ‘‘section 430(d)’’ and inserting ‘‘section 436(b)’’; and

(C) in subsection (c)(1)—

(i) by striking ‘‘section 430(b)’’ and inserting ‘‘section 436(a)’’; and

(ii) by striking ‘‘section 430(d)’’ and inserting ‘‘section 436(b)’’.

(b) DISCRETIONARY FUNDING.—Subpart 2 of part B of title IV (42 U.S.C. 629–629e)

is further amended by adding at the end the following:

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‘‘SEC. 437. DISCRETIONARY GRANTS.

‘‘(a) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—In addition to any

amount appropriated pursuant to section 436, there are authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2002 through

2006.

‘‘(b) RESERVATION OF CERTAIN AMOUNTS.—From the amount (if any) appropriated

pursuant to subsection (a) for a fiscal year, the Secretary shall reserve amounts as

follows:

‘‘(1) EVALUATION, RESEARCH, TRAINING, AND TECHNICAL ASSISTANCE.—The Secretary shall reserve 3.3 percent for expenditure by the Secretary for the activities described in section 436(b)(1).

‘‘(2) STATE COURT IMPROVEMENTS.—The Secretary shall reserve 3.3 percent for

grants under section 438.

‘‘(3) INDIAN TRIBES.—The Secretary shall reserve 2 percent for allotment to Indian tribes in accordance with subsection (c)(1).

‘‘(c) ALLOTMENTS.—

‘‘(1) INDIAN TRIBES.—From the amount (if any) reserved pursuant to subsection (b)(3) for any fiscal year, the Secretary shall allot to each Indian tribe

with a plan approved under this subpart an amount that bears the same ratio

to such reserved amount as the number of children in the Indian tribe bears

to the total number of children in all Indian tribes with State plans so approved, as determined by the Secretary on the basis of the most current and

reliable information available to the Secretary.

‘‘(2) TERRITORIES.—From the amount (if any) appropriated pursuant to subsection (a) for any fiscal year that remains after applying subection (b) for the

fiscal year, the Secretary shall allot to each of the jurisdictions of Puerto Rico,

Guam, the Virgin Islands, the Northern Mariana Islands, and American Samoa

an amount determined in the same manner as the allotment to each of such

jurisdictions is determined under section 421.

‘‘(3) OTHER STATES.—From the amount (if any) appropriated pursuant to subsection (a) for any fiscal year that remains after applying subsection (b) and

paragraph (2) of this subsection for the fiscal year, the Secretary shall allot to

each State (other than an Indian tribe) which is not specified in paragraph (2)

of this subsection an amount equal to such remaining amount multiplied by the

food stamp percentage (as defined in section 433(c)(2)) of the State for the fiscal

year.

‘‘(d) GRANTS.—The Secretary may make a grant to a State which has a plan approved under this subpart in an amount equal to the lesser of—

‘‘(1) 75 percent of the total expenditures by the State for activities under the

plan during the fiscal year or the immediately succeeding fiscal year; or

‘‘(2) the allotment of the State under subsection (c) for the fiscal year.

‘‘(e) APPLICABILITY OF CERTAIN RULES.—The rules of subsections (b) and (c) of section 434 shall apply in like manner to the amounts made available pursuant to this

section.’’.

SEC. 107. STATE COURT IMPROVEMENTS.

(a) SCOPE OF ACTIVITIES.—Section 13712 of the Omnibus Budget Reconciliation

Act of 1993 (42 U.S.C. 670 note) is amended—

(1) in subsection (a), by striking paragraph (2) and inserting the following:

‘‘(2) to implement improvements the highest state courts deem necessary as

a result of the assessments, including—

‘‘(A) to provide for the safety, well-being, and permanence of children in

foster care, as set forth in the Adoption and Safe Families Act of 1997 (Public Law 105–89); and

‘‘(B) to implement a corrective action plan, as necessary, resulting from

reviews of child and family service programs under section 1123A of this

Act.’’; and

(2) in subsection (c)(1), in the matter preceding subparagraph (A), by inserting

‘‘and improvement’’ after ‘‘assessment’’.

(b) ALLOTMENTS.—Section 13712(c)(1) of such Act (42 U.S.C. 670 note) is amended

by striking all that follows ‘‘shall be entitled to payment,’’ and inserting ‘‘for each

of fiscal years 2002 through 2006, from the amount reserved pursuant to section

436(b)(2) (and the amount, if any, reserved pursuant to section 437(b)(2)), of an

amount equal to the sum of $85,000 plus the amount described in paragraph (2) of

this subsection for the fiscal year.’’.

(c) FEDERAL SHARE.—Section 13712(d) of such Act (42 U.S.C. 670 note) is

amended—

(1) in the heading, by striking ‘‘USE OF GRANT FUNDS’’ and inserting ‘‘FEDERAL SHARE’’; and

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(2) by striking ‘‘to pay—’’ and all that follows and inserting ‘‘to pay not more

than 75 percent of the cost of activities under this section in each of fiscal years

2002 through 2006.’’.

(d) CONFORMING AMENDMENTS.—Section 13712 of such Act (42 U.S.C. 670 note)

is amended—

(1) in subsection (a)—

(A) in the matter preceding paragraph (1), by striking ‘‘of title IV of the

Social Security Act’’; and

(B) in paragraph (1)(A), by striking ‘‘of title IV of such Act’’; and

(2) in subsection (c)(2), by striking ‘‘section 430(d)(2) of the Social Security

Act’’ and inserting ‘‘section 436(b)(2) (and the amount, if any, reserved pursuant

to section 437(b)(2))’’.

(e) TRANSFER AND REDESIGNATION.—Section 13712 of such Act (42 U.S.C. 670

note), as amended by the preceding provisions of this section, is redesignated as section 438 and is transferred to the end of subpart 2 of part B of title IV of the Social

Security Act.

Subtitle B—Mentoring Children of Prisoners

SEC. 121. PROGRAM AUTHORIZED.

Subpart 2 of part B of title IV (42 U.S.C. 629–629e) is further amended by adding

at the end the following:

‘‘SEC. 439. GRANTS FOR PROGRAMS FOR MENTORING CHILDREN OF PRISONERS.

‘‘(a) FINDINGS AND PURPOSE.—

‘‘(1) FINDINGS.—

‘‘(A) In the period between 1991 and 1999, the number of children with

a parent incarcerated in a Federal or State correctional facility increased

by more than 100 percent, from approximately 900,000 to approximately

2,000,000. In 1999, 2.1 percent of all children in the United States had a

parent in Federal or State prison.

‘‘(B) Prior to incarceration, 64 percent of female prisoners and 44 percent

of male prisoners in State facilities lived with their children.

‘‘(C) Nearly 90 percent of the children of incarcerated fathers live with

their mothers, and 79 percent of the children of incarcerated mothers live

with a grandparent or other relative.

‘‘(D) Parental arrest and confinement lead to stress, trauma, stigmatization, and separation problems for children. These problems are coupled with

existing problems that include poverty, violence, parental substance abuse,

high-crime environments, intrafamilial abuse, child abuse and neglect, multiple care givers, and/or prior separations. As a result, these children often

exhibit a broad variety of behavioral, emotional, health, and educational

problems that are often compounded by the pain of separation.

‘‘(E) Empirical research demonstrates that mentoring is a potent force for

improving children’s behavior across all risk behaviors affecting health.

Quality, one-on-one relationships that provide young people with caring role

models for future success have profound, life-changing potential. Done

right, mentoring markedly advances youths’ life prospects. A widely cited

1995 study by Public/Private Ventures measured the impact of one Big

Brothers Big Sisters program and found significant effects in the lives of

youth—cutting first-time drug use by almost half and first-time alcohol use

by about a third, reducing school absenteeism by half, cutting assaultive behavior by a third, improving parental and peer relationships, giving youth

greater confidence in their school work, and improving academic performance.

‘‘(2) PURPOSE.—The purpose of this section is to authorize the Secretary to

make competitive grants to applicants in areas with substantial numbers of

children of incarcerated parents, to support the establishment or expansion and

operation of programs using a network of public and private community entities

to provide mentoring services for children of prisoners.

‘‘(b) DEFINITIONS.—In this section:

‘‘(1) CHILDREN OF PRISONERS.—The term ‘children of prisoners’ means children one or both of whose parents are incarcerated in a Federal, State, or local

correctional facility. The term is deemed to include children who are in an ongoing mentoring relationship in a program under this section at the time of their

parents’ release from prison, for purposes of continued participation in the program.

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‘‘(2) MENTORING.—The term ‘mentoring’ means a structured, managed program in which children are appropriately matched with screened and trained

adult volunteers for one-on-one relationships, involving meetings and activities

on a regular basis, intended to meet, in part, the child’s need for involvement

with a caring and supportive adult who provides a positive role model.

‘‘(3) MENTORING SERVICES.—The term ‘mentoring services’ means those services and activities that support a structured, managed program of mentoring,

including the management by trained personnel of outreach to, and screening

of, eligible children; outreach to, education and training of, and liaison with

sponsoring local organizations; screening and training of adult volunteers;

matching of children with suitable adult volunteer mentors; support and oversight of the mentoring relationship; and establishment of goals and evaluation

of outcomes for mentored children.

‘‘(c) PROGRAM AUTHORIZED.—From the amounts appropriated under subsection (h)

for a fiscal year that remain after applying subsection (h)(2), the Secretary shall

make grants under this section for each of fiscal years 2002 through 2006 to State

or local governments, tribal governments or tribal consortia, faith-based organizations, and community-based organizations in areas that have significant numbers of

children of prisoners and that submit applications meeting the requirements of this

section, in amounts that do not exceed $5,000,000 per grant.

‘‘(d) APPLICATION REQUIREMENTS.—In order to be eligible for a grant under this

section, the chief executive officer of the applicant must submit to the Secretary an

application containing the following:

‘‘(1) PROGRAM DESIGN.—A description of the proposed program, including—

‘‘(A) a list of local public and private organizations and entities that will

participate in the mentoring network;

‘‘(B) the name, description, and qualifications of the entity that will coordinate and oversee the activities of the mentoring network;

‘‘(C) the number of mentor-child matches proposed to be established and

maintained annually under the program;

‘‘(D) such information as the Secretary may require concerning the methods to be used to recruit, screen, support, and oversee individuals participating as mentors, (which methods shall include criminal background

checks on the individuals), and to evaluate outcomes for participating children, including information necessary to demonstrate compliance with requirements established by the Secretary for the program; and

‘‘(E) such other information as the Secretary may require.

‘‘(2) COMMUNITY CONSULTATION; COORDINATION WITH OTHER PROGRAMS.—A

demonstration that, in developing and implementing the program, the applicant

will, to the extent feasible and appropriate—

‘‘(A) consult with public and private community entities, including religious organizations, and including, as appropriate, Indian tribal organizations and urban Indian organizations, and with family members of potential

clients;

‘‘(B) coordinate the programs and activities under the program with other

Federal, State, and local programs serving children and youth; and

‘‘(C) consult with appropriate Federal, State, and local corrections, workforce development, and substance abuse and mental health agencies.

‘‘(3) EQUAL ACCESS FOR LOCAL SERVICE PROVIDERS.—An assurance that public

and private entities and community organizations, including religious organizations and Indian organizations, will be eligible to participate on an equal basis.

‘‘(4) RECORDS, REPORTS, AND AUDITS.—An agreement that the applicant will

maintain such records, make such reports, and cooperate with such reviews or

audits as the Secretary may find necessary for purposes of oversight of project

activities and expenditures.

‘‘(5) EVALUATION.—An agreement that the applicant will cooperate fully with

the Secretary’s ongoing and final evaluation of the program under the plan, by

means including providing the Secretary access to the program and programrelated records and documents, staff, and grantees receiving funding under the

plan.

‘‘(e) FEDERAL SHARE.—

‘‘(1) IN GENERAL.—A grant for a program under this section shall be available

to pay a percentage share of the costs of the program up to—

‘‘(A) 75 percent for the first and second fiscal years for which the grant

is awarded; and

‘‘(B) 50 percent for the third and each succeeding such fiscal years.

‘‘(2) NON-FEDERAL SHARE.—The non-Federal share of the cost of projects

under this section may be in cash or in kind. In determining the amount of the

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non-Federal share, the Secretary may attribute fair market value to goods, services, and facilities contributed from non-Federal sources. ‘‘(f) CONSIDERATIONS IN AWARDING GRANTS.—In awarding grants under this section, the Secretary shall take into consideration— ‘‘(1) the qualifications and capacity of applicants and networks of organizations to effectively carry out a mentoring program under this section; ‘‘(2) the comparative severity of need for mentoring services in local areas,

taking into consideration data on the numbers of children (and in particular of

low-income children) with an incarcerated parent (or parents) in the areas; ‘‘(3) evidence of consultation with existing youth and family service programs,

as appropriate; and

‘‘(4) any other factors the Secretary may deem significant with respect to the

need for or the potential success of carrying out a mentoring program under

this section.

‘‘(g) EVALUATION.—The Secretary shall conduct an evaluation of the programs conducted pursuant to this section, and submit to the Congress not later than April

15, 2005, a report on the findings of the evaluation.

‘‘(h) AUTHORIZATION OF APPROPRIATIONS; RESERVATION OF CERTAIN AMOUNTS.—

‘‘(1) AUTHORIZATION.—There are authorized to be appropriated to carry out

this section $67,000,000 for each of fiscal years 2002 and 2003, and such sums

as may be necessary for each succeeding fiscal year.

‘‘(2) RESERVATION.—The Secretary shall reserve 2.5 percent of the amount appropriated for each fiscal year under paragraph (1) for expenditure by the Secretary for research, technical assistance, and evaluation related to programs

under this section.’’.

TITLE II—FOSTER CARE AND INDEPENDENT

LIVING

SEC. 201. EDUCATIONAL AND TRAINING VOUCHERS FOR YOUTHS AGING OUT OF FOSTER

CARE.

(a) PURPOSE.—Section 477(a) (42 U.S.C. 677(a)) is amended—

(1) by striking ‘‘and’’ at the end of paragraph (4);

(2) by striking the period at the end of paragraph (5) and inserting ‘‘; and’’;

and

(3) by adding at the end the following new paragraph:

‘‘(6) to make available vouchers for education and training, including postsecondary training and education, to youths who have aged out of foster care.’’.

(b) EDUCATIONAL AND TRAINING VOUCHERS.—Section 477 (42 U.S.C. 677) is

amended by adding at the end the following:

‘‘(i) EDUCATIONAL AND TRAINING VOUCHERS.—The following conditions shall apply

to a State educational and training voucher program under this section:

‘‘(1) Vouchers under the program may be available to youths otherwise eligible for services under the State program under this section.

‘‘(2) For purposes of the voucher program, youths adopted from foster care

after attaining age 16 may be considered to be youths otherwise eligible for

services under the State program under this section.

‘‘(3) The State may allow youths participating in the voucher program on the

date they attain 21 years of age to remain eligible until they attain 23 years

of age, as long as they are enrolled in a postsecondary education or training program and are making satisfactory progress toward completion of that program.

‘‘(4) The voucher or vouchers provided for an individual under this section—

‘‘(A) may be available for the cost of attendance at an institution of higher

education, as defined in section 102 of the Higher Education Act of 1965;

and

‘‘(B) shall not exceed the lesser of $5,000 per year or the total cost of attendance, as defined in section 472 of that Act.

‘‘(5) The amount of a voucher under this section may be disregarded for purposes of determining the recipient’s eligibility for, or the amount of, any other

Federal or Federally supported assistance, except that the total amount of educational assistance to a youth under this section and under other Federal and

Federally supported programs shall not exceed the total cost of attendance, as

defined in section 472 of the Higher Education Act of 1965, and except that the

State agency shall take appropriate steps to prevent duplication of benefits

under this and other Federal or Federally supported programs.

‘‘(6) The program is coordinated with other appropriate education and training programs.’’.

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(c) CERTIFICATION.—Section 477(b)(3) (42 U.S.C. 677(b)(3)) is amended by adding

at the end the following: ‘‘(J) A certification by the chief executive officer of the State that the

State educational and training voucher program under this section is in

compliance with the conditions specified in subsection (i), including a statement describing methods the State will use— ‘‘(i) to ensure that the total amount of educational assistance to a

youth under this section and under other Federal and Federally supported programs does not exceed the limitation specified in subsection

(i)(5); and ‘‘(ii) to avoid duplication of benefits under this and any other Federal

or Federally assisted benefit program.’’. (d) INCREASED AUTHORIZATIONS OF APPROPRIATIONS.—Section 477(h) (42 U.S.C.

677(h)) is amended by striking ‘‘there are authorized’’ and all that follows and inserting the following: ‘‘there are authorized to be appropriated to the Secretary for

each fiscal year— ‘‘(1) $140,000,000, which shall be available for all purposes under this section;

and‘‘(2) an additional $60,000,000, which are authorized to be available for payments to States for education and training vouchers for youths who age out of

foster care, to assist the youths to develop skills necessary to lead independent

and productive lives.’’.

(e) ALLOTMENTS TO STATES.—Section 477(c) (42 U.S.C. 677(c)) is amended—

(1) in paragraph (1)—

(A) by striking ‘‘(1) IN GENERAL.—From the amount specified in subsection (h)’’ and inserting ‘‘(1) GENERAL PROGRAM ALLOTMENT.—From the

amount specified in subsection (h)(1)’’;

(B) by striking ‘‘which bears the same ratio’’ and inserting ‘‘which bears

the ratio’’; and

(C) by striking ‘‘as the number of children in foster care’’ and all that follows and inserting ‘‘equal to the State foster care ratio, as adjusted in accordance with paragraph (2).’’; and

(2) by adding at the end the following new paragraphs:

‘‘(3) VOUCHER PROGRAM ALLOTMENT.—From the amount, if any, appropriated

pursuant to subsection (h)(2) for a fiscal year, the Secretary may allot to each

State with an application approved under subsection (b) for the fiscal year an

amount equal to the State foster care ratio multiplied by the amount so specified.

‘‘(4) STATE FOSTER CARE RATIO.—In this subsection, the term ‘State foster care

ratio’ means the ratio of the number of children in foster care under a program

of the State in the most recent fiscal year for which the information is available

to the total number of children in foster care in all States for the most recent

fiscal year.’’.

(f) PAYMENTS TO STATES.—

(1) IN GENERAL.—Section 474(a)(4) (42 U.S.C. 674(a)(4)) is amended to read

as follows:

‘‘(4) an amount equal to the amount (if any) by which—

‘‘(A) the lesser of—

‘‘(i) 80 percent of the amounts expended by the State during the fiscal

year in which the quarter occurs to carry out programs in accordance

with the State application approved under section 477(b) for the period

in which the quarter occurs (including any amendment that meets the

requirements of section 477(b)(5)); or

‘‘(ii) the amount allotted to the State under section 477(c)(1) for the

fiscal year in which the quarter occurs, reduced by the total of the

amounts payable to the State under this paragraph for all prior quarters in the fiscal year; exceeds

‘‘(B) the total amount of any penalties assessed against the State under

section 477(e) during the fiscal year in which the quarter occurs.’’.

(2) DISCRETIONARY GRANTS.—Section 474 (42 U.S.C. 674) is amended by adding at the end the following:

‘‘(e) DISCRETIONARY GRANTS FOR EDUCATIONAL AND TRAINING VOUCHERS FOR

YOUTHS AGING OUT OF FOSTER CARE.—From amounts appropriated pursuant to section 477(h)(2), the Secretary may make a grant to a State with a plan approved

under this part, for a calendar quarter, in an amount equal to the lesser of—

‘‘(1) 80 percent of the amounts expended by the State during the quarter to

carry out programs for the purposes described in section 477(a)(6); or

‘‘(2) the amount, if any, allotted to the State under section 477(c)(3) for the

fiscal year in which the quarter occurs, reduced by the total of the amounts payVerDate 11-MAY-2000 13:57 Nov 14, 2001 Jkt 099006 PO 00000 Frm 00009 Fmt 6659 Sfmt 6621 E:\HR\OC\HR281.XXX pfrm09 PsN: HR281
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able to the State under this subsection for such purposes for all prior quarters

in the fiscal year.’’.

SEC. 202. REALLOCATION AND EXTENSION OF FUNDS.

(a) REALLOCATION OF UNUSED FUNDS.—Section 477(d) (42 U.S.C. 677(d)) is

amended by adding at the end the following: ‘‘(4) REALLOCATION OF UNUSED FUNDS.—If a State does not apply for funds

under this section for a fiscal year within such time as may be provided by the

Secretary, the funds to which the State would be entitled for the fiscal year

shall be reallocated to 1 or more other States on the basis of their relative need

for additional payments under this section, as determined by the Secretary.’’. (b) TEMPORARY EXTENSION OF AVAILABILITY OF INDEPENDENT LIVING FUNDS.— Notwithstanding section 477(d)(3) of the Social Security Act, payments made to a

State under section 477 of such Act for fiscal year 2000 shall remain available for

expenditure by the State through fiscal year 2002.

TITLE III—EFFECTIVE DATE

SEC. 301. EFFECTIVE DATE.

(a) IN GENERAL.—Subject to subsection (b), the amendments made by this Act

shall take effect on the date of the enactment of this Act.

(b) DELAY PERMITTED IF STATE LEGISLATION REQUIRED.—In the case of a State

plan under subpart 2 of part B or part E of the Social Security Act that 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 the amendments specified in subsection (a) of this section,

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 the additional requirements before the first day of the first calendar quarter beginning after the

close of the first regular session of the State legislature that begins after 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 shall be

deemed to be a separate regular session of the State legislature.

I. INTRODUCTION

A. PURPOSE AND SCOPE

The Committee bill reauthorizes and makes improvements to the

Promoting Safe and Stable Families program, the primary Federal

resource for services to prevent child abuse and neglect; creates a

competitive grant program to establish and expand networks of

mentoring services for the children of prisoners; and creates an

education voucher program for youth aging out of foster care.

The Promoting Safe and Stable Families program (PSSF) expired

at the end of fiscal year 2001. The Committee bill extends PSSF

through fiscal year 2006 and authorizes an increase of $200 million

per year. The mentoring children of prisoners program would be an

addition to the PSSF program, and is authorized for five fiscal

years, initially at $67 million per year. Finally, the Committee bill

authorizes an independent living education voucher program for

five fiscal years as an additional, separately appropriated $60 million per year program within the John H. Chafee Foster Care Independence program.

The primary improvements made to the PSSF program include

adding two activities to the list of allowable activities: (1) strengthening parental relationships and promoting healthy marriages; and

(2) supporting Infant Safe Haven programs designed to provide a

safe way for parents to relinquish unwanted newborns. The Committee bill also adds focus to research, evaluation, and technical assistance performed or directed each year by the U.S. Department

of Health of Human Services (the Secretary) and requires the SecVerDate 11-MAY-2000 13:57 Nov 14, 2001 Jkt 099006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\HR281.XXX pfrm09 PsN: HR281
11

retary to report to the Congress every two years on its activities

in this respect. Finally, the Committee bill allows funds unused by

States to be redirected to other States, maximizing the resources

available to provide program services nationwide.

B. BACKGROUND AND NEED FOR LEGISLATION

In response to growing foster care caseloads and concerns that

too many children languished in foster care, Public Law 105–89,

the Adoption and Safe Families Act of 1997 (ASFA), imposed rigorous deadlines for States and families to address parental problems before a Court must consider whether or not to free children

for adoption.

The Promoting Safe and Stable Families program has become an

increasingly important resource in responding to the heightened

demands on State child welfare systems resulting from ASFA.

Originally created by the Omnibus Budget Reconciliation Act of

1993 (P.L. 103–66) and reauthorized by ASFA, the program supports State efforts to provide four categories of services: (1) family

preservation services to families in crisis that might prevent children from being removed from their home and placed into foster

care; (2) family support services to prevent child maltreatment

from occurring in potentially vulnerable families; (3) time-limited

family reunification services to provide intensive assistance to families during the 15–month time period after children have been removed from their homes until the State must ask the Courts to address the parents’ rights to retain custody of their children; and (4)

adoption promotion and support services to promote adoptions and

support families adopting children from foster care.

The findings and purposes section of the legislation emphasizes

the importance of providing a continuum of services to families,

from preventing abuse to supporting adoptive families. At each

stage in this continuum, States use Promoting Safe and Stable

Families funds to support and assist fragile families. The extension

and expansion of the program maintains and augments the Committee’s commitment to providing help to these families in the coming years.

While the Committee has begun to receive information about

family preservation programs, one of the four categories of required

services of the Promoting Safe and Stable Families program, little

is known about the other areas of service. This is especially true

of the two categories added by the Adoption and Safe Families

Act—time-limited family reunification and adoption promotion and

support services. The revised research, evaluation, and technical

assistance priorities are intended to provide States and the Congress with better information about the most effective of the wide

range of service options available under the program. Specifically,

the Secretary is asked to give priority consideration to research

and technical assistance in areas such as substance abuse treatment partnerships with the child welfare system under the timelimited family reunification category, and how to assist families

after they have adopted children from foster care under the adoption promotion and support category.

A positive consequence of ASFA has been the impressive increase

in the number of children adopted from foster care—an additional

133,000 children since the law was enacted or a 56 percent inVerDate 11-MAY-2000 13:57 Nov 14, 2001 Jkt 099006 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\HR281.XXX pfrm09 PsN: HR281
12

crease over the previous three-year period starting in 1995. However, large numbers of families adopting young children may face

unanticipated challenges as these children grow into adolescence.

The issue of substance abuse treatment needs in the child welfare

system also is of critical importance. A 1998 GAO report revealed

that two-thirds of the children in foster care observed had one or

more parent who was a substance abuser; most such parents had

been abusing drugs or alcohol for five or more years. GAO also reported that foster care agencies face challenges in addressing parental substance abuse for a variety of reasons. The prioritizing of

these two categories of service—adoption promotion and support

and time-limited family reunification—for research and technical

assistance under this legislation is intended to identify promising

practices and translate that information into useful guidance to

States.

The mentoring children of prisoners initiative responds to complex issues for children and families arising from large numbers of

incarcerated parents. Nearly 2 million children had a parent in jail

between 1991 and 1999. Mentoring programs, involving one-on-one

relationships of adults matched with children of prisoners, have

demonstrated promising results. These relationships can help alleviate the trauma and stigmatization of having a parent in prison

and reduce the incidence of negative adolescent behaviors such as

drug and alcohol abuse and school absenteeism.

The new education vouchers initiative seeks to offer additional

assistance to youth aging out of foster care who are likely to experience difficulty as they transition to independence after age 18. According to HHS data, more than 18,500 children aged out of foster

care in 1999 without being adopted. These children must overcome

not only the disadvantage of having spent time in the foster care

system, most likely in numerous placements, but they also have to

find their way in the world without the support of a family. Funding for the Foster Care Independence Program, which provides

States with grants for services to assist these youth, has grown

steadily over time, rising from $70 million to $140 million per year

as a result of legislation enacted in 1999. This new program targets

still more program funding increases specifically to the education

and training needs of this population.

C. LEGISLATIVE HISTORY

On September 25, 2001 the Subcommittee on Human Resources

ordered favorably reported, with amendment, to the full Committee

H.R. 2873, the ‘‘Promoting Safe and Stable Families Amendments

of 2001’’, on a voice vote with a quorum present. On October 31,

2001 the Full Committee on Ways and Means ordered favorably reported H.R. 2873, on a voice vote with a quorum present.

The Subcommittee on Human Resources held a hearing on May

10, 2001 (Serial 107–18) to receive comments on the Promoting

Safe and Stable Families program. Testimony at the hearing was

presented by program administrators, advocates, researchers and

Members of the U.S. House of Representatives. On July 11, 2001

the Subcommittee conducted a hearing on Bush Administration

budget proposals which included testimony from an official from

the U.S. Department of Health and Human Services on the President’s proposals to extend and amend the Promoting Safe and StaVerDate 11-MAY-2000 13:57 Nov 14, 2001 Jkt 099006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\HR281.XXX pfrm09 PsN: HR281
13

ble Families program, provide for grants to support mentoring children of prisoners, and fund new education vouchers for children

aging out of foster care (Serial 107–36). In the 106th Congress, the

Subcommittee held a number of hearings on child welfare issues:

April 22, 1999 on Child Protection Oversight (Serial 106–25); February 27, 2000 on the Child Protection Review System (Serial 106–

84); March 23, 2000 on Child Protection Issues (Serial 106–63);

July 20, 2000 on Increasing State Flexibility in Use of Federal

Child Protection Funds (Serial 106–98); and October 3, 2000 on

H.R. 5292, the ‘‘Flexible Funding for Child Protection Act of 2000’’

(Serial 106–73). Testimony was presented by Administration officials, academic witnesses, researchers, program administrators,

and advocacy groups.

II. EXPLANATION OF PROVISIONS

1. SHORT TITLE; TABLE OF CONTENTS

Present law

No provision.

Explanation of provision

The Act is named the ‘‘Promoting Safe and Stable Families

Amendments of 2001.’’

Reason for change

Not Applicable.

TITLE I—PROMOTING SAFE AND STABLE FAMILIES

SECTION 101. FINDINGS AND PURPOSE

Present law

Current law includes no findings. The purposes of the Promoting

Safe and Stable Families program are to encourage and enable

each State to develop, establish or expand, and operate a program

of family preservation services, community-based family support

services, time-limited family reunification services, and adoption

promotion and support services.

Explanation of provision

The Promoting Safe and Stable Families Amendments of 2001

adds findings to illustrate the need for the program in addressing

issues faced by families at risk of abuse and neglect, and those

adopting children from foster care. The Congress finds that: (1)

family preservation programs provide extensive and intensive services to families in crisis; (2) family support programs directed at

specific vulnerable populations have had positive effects; (3) permanency placement timelines established by the Adoption and Safe

Families Act of 1997 (ASFA) have made the prompt availability of

services to families important to successful family reunification;

and (4) a rapid increase in the number of adoptions since enactment of ASFA has created a growing need for post-adoption services and for service providers with knowledge and skills specific to

the needs of adoptive families.

14

The Committee bill also adds purposes to clarify the goals and

expectations of the Congress in reauthorizing the program. Specifically, the purposes include the coordination of services offered

under the program; preventing child maltreatment among at-risk

families through supportive family services; assuring children’s

safety within the home; preserving intact families where children

have been maltreated, when problems can be addressed effectively;

addressing problems of families whose children have been placed in

foster care so that reunification may occur in a safe and stable

manner; and supporting adoptive families by providing necessary

support services for them to make a lifetime commitment to their

children.

Reason for change

Under current law, there is only general language stating the

purpose of the program. The addition of specific findings and purposes will help reinforce the need for coordination of services and

the goals of each of the four categories of services. While States retain broad authority to design programs, the revised purposes

make clear that individual programs should be tailored to address

the goals identified for each category of services States are expected to provide using program funds.

SECTION 102. DEFINITIONS OF FAMILY PRESERVATION AND FAMILY

SUPPORT SERVICES

Present law

Family preservation services are defined as services for children

and families (including adoptive and extended families) at risk or

in crisis, including services to return children to their families from

foster care, when safe and appropriate, or to help children be

placed for adoption, with a legal guardian, or other planned permanent arrangement. They also include preplacement preventive services, such as intensive family preservation programs for children at

risk of foster care placement; services designed to provide followup

care to families after a child has been returned home; respite care

for parents and other caregivers; and services designed to improve

parenting skills with respect to such issues as child development,

family budgeting, stress management, nutrition, and health.

Family support services are defined as community-based services

that promote the safety and well-being of children and families (including adoptive, foster, and extended families); increase confidence

in and competence of parenting skills; afford children a safe, stable,

and supportive family environment; and otherwise enhance child

development.

Explanation of provision

The provision amends the definition of family preservation services to include infant safe haven programs that provide a way for

a parent to safely relinquish a newborn infant at a safe haven designated pursuant to State law.

The legislation also amends the definition of family support services to include strengthening parental relationships and promoting

healthy marriages.

15

Reason for change

According to the Child Welfare League of America, as of August

2001, 35 States have passed laws to establish ‘‘safe havens,’’ where

parents in crisis may relinquish newborns without criminal prosecution. However, few States have provided funding to disseminate

information and publicize the availability of these programs, created to prevent infant abandonments that frequently end in the

child’s death. Allowing States to use Promoting Safe and Stable

Families funds to support such programs is consistent with family

preservation goals that include providing services to place children

for adoption, with a legal guardian, or in another planned permanent living arrangement.

There is a large body of evidence showing that children fare best

on a broad range of measures when raised by married parents. For

example, children raised by married parents are more likely to do

well in school, to avoid poverty, and to escape abuse and neglect.

Therefore, allowing States to use family support funds under the

program to strengthen parental relationships and promote healthy

marriages is consistent with the program’s goal of promoting the

safety and well-being of children and families.

SECTION 103. REALLOTMENTS

Present law

No provision.

Explanation of provision

The legislation provides that any program funds allotted which

a State certifies it will not use are to become available for reallotment to other States under the existing distribution formula.

Reason for change

In recent years, certain Promoting Safe and Stable Families

funds available to the States have not been used and have remained in the U.S. Treasury. Funds may not be used by States if

they are unable to meet the Federal matching requirements, or are

using State funds to pursue the goals of the Promoting Safe and

Stable Families program. Rather than allow some portion of this

capped federal funding to remain unused, reallotment allows the

Secretary to maximize the full resources available for program purposes.

SECTION 104. PAYMENTS TO STATES

(a) In General (Special Funding to States, fiscal year 1994)

Present law

A special funding rule was enacted for fiscal year 1994 that allowed States additional funding for initial program plan development. States that in fiscal year 1994 submitted a proper application for funds to the Secretary were entitled to funding (up to $1

million) for the cost of development and submission of their 5-year

program plan plus the lesser of 75 percent of State expenditures

for services to children in families under the new plan, or the regular State allotment minus the amount paid to the State for program plan development.

16

Explanation of provision

This provision removes all reference to the special funding rule

applicable solely to fiscal year 1994.

Reason for change

This is a technical change to remove obsolete references in the

statute.

(b) Conforming Amendments

Present law

Except for the special funding rule for fiscal year 1994, States

are entitled to the lesser of 75 percent of total expenditures for activities under the Promoting Safe and Stable Families program or

the regular State allotment for the fiscal year.

Explanation of provision

All references to the special funding rule applicable solely to fiscal year 1994 are removed, but otherwise the current funding formula is maintained.

Reason for change

This is a technical change to remove obsolete references in the

statute.

SECTION 105. EVALUATIONS, RESEARCH, AND TECHNICAL ASSISTANCE

Present law

The Secretary is required to evaluate the effectiveness of programs designed to meet specific purposes; develop evaluation criteria in consultation with appropriate parties, such as State child

welfare agencies and private, non-profit agencies providing child

welfare services; consult other persons with recognized expertise in

the evaluation of child and family services; and develop procedures

to coordinate State and Federal evaluations of program effectiveness.

Current law has no provisions concerning research priorities or

defining technical assistance the Secretary must provide.

Explanation of provision

The legislation creates a new section for Evaluations, Research,

and Technical Assistance, and adds new criteria for providing research grants and offering technical assistance. The provision instructs the Secretary to evaluate and report biennially to Congress

on the effectiveness of programs. The Secretary is instructed to

give priority to the following research and evaluation topics: promising program models, particularly in the areas of time-limited family reunification and adoption services; multi-disciplinary service

models addressing parental substance abuse; effectiveness of approaches directed at families with specific problems and children in

specific age ranges; and outcomes of adoptions finalized since the

enactment of the 1997 Adoption and Safe Families Act.

The Secretary is instructed to provide technical assistance to

help States and Indian tribes develop research-based protocols for

identifying families at risk of abuse and neglect that can be used

17

by caseworkers in the field; develop treatment models that address

needs of at-risk families (particularly families with substance abuse

issues); implement programs with well-articulated plans of how the

intervention will result in desired changes among at-risk families;

establish ways to ensure service provision matches the treatment

model; and establish ways to ensure post-adoption services meet

the needs of individual families and develop models to reduce the

disruption rates of adoption.

The Secretary must submit a report by April 1 of every other

year, beginning in 2003, describing the nature, funding level, and

status of ongoing evaluations as well as technical assistance provided to States.

Reason for change

Much is expected of State and local child welfare agencies in protecting children and supporting families at risk. Yet without the

most up-to-date and insightful research on best practices and outcomes, agencies will have difficulty designing and implementing effective and efficient programs. To address such concerns, the legislation’s targeting of research, evaluations, and technical assistance

is intended to assist the Secretary in translating research findings

into useful instruction to State child welfare agencies.

Under current law, each year the Secretary receives $6 million

in Promoting Safe and Stable Families funds to conduct research

and evaluate the effectiveness of State initiatives funded by the

program. Evaluations provided to date include an evaluation of intensive family preservation programs and an overview of how

States use Promoting Safe and Stable Families funds. However, a

number of program observers contend States have insufficient information upon which to design programs to address the wide

range of challenges faced by families involved in or at risk of involvement in the child welfare system. For example, the intensive

family preservation evaluation examined one service model to prevent abuse and neglect and found some evidence the program may

be ineffective; however, that evaluation offered little guidance on

how States might more effectively design such a program. Further,

evaluations of core Promoting Safe and Stable Families program

services have been unevenly distributed: family preservation has

been the focus of many evaluations, while the three other categories have received little evaluative attention.

SECTION 106. AUTHORIZATION OF APPROPRIATIONS; RESERVATION OF

CERTAIN AMOUNTS

Present law

Specific mandatory appropriations are authorized for each of fiscal years 1994 through 2001, beginning with $60 million in fiscal

year 1994 and rising to $305 million in fiscal year 2001. Of these

funds, specified amounts are reserved for research, training and

technical assistance and for evaluation of any Federal, State, or

local programs that advance specific purposes ($2 million for fiscal

year 1994 and $6 million for each of fiscal years 1995 through

2001); State court improvement grants as authorized by Section

13172 of the Omnibus Budget Reconciliation Act of 1993 ($5 million for fiscal year 1995 and $10 million for each of fiscal years

18

1996 through 2001); and Indian tribes (1 percent of authorized

amount).

Explanation of provision

The legislation authorizes $305 million in mandatory appropriations for each of fiscal years 2002 through 2006. Out of these funds,

the Secretary is instructed to reserve specified amounts for evaluation of programs and for research, training, and technical assistance ($6 million per year); State court improvements ($10 million

per year); and Indian tribes (1 percent of the specified authorization amount).

In addition to the mandatory funds described above, $200 million

is authorized to be appropriated for each of fiscal years 2002

through 2006. Of such additional funds that are appropriated, the

legislation requires the Secretary to reserve 3.3 percent for evaluation, research, training, and technical assistance; 3.3 percent for

State Court Improvements; and 2 percent for Indian Tribes. The remaining additional funds after these set-asides are to be allotted

among States based on the formula provided for the mandatory

funds. The bill also makes technical and conforming changes related to these authorization and set-aside changes.

Reason for change

The Committee bill increases funding for the Promoting Safe and

Stable Families program as requested by the President. The increased authorization for fiscal year 2002 marks the largest annual

increase in the program since its enactment in 1993. These funds,

$70 million of which have already been provided for fiscal year

2002 by House-passed appropriations legislation, will begin to restore balance in the child welfare system, under which the vast

majority of resources are aimed at maintaining children outside of

their home. The proposed new funds would significantly expand

support for services to prevent abuse and neglect and the removal

of children from their homes. These increased resources also will

work in concert with the ongoing Child and Family Service Reviews conducted by HHS to identify and address weaknesses in

State and local child protection systems. The program has received

incremental increases in mandatory appropriations since its enactment in 1993, such that total annual funds have grown from $60

million in 1994 to $305 million in 2001. The Committee bill would

result in an additional $1 billion in program support over five

years, if appropriated at the authorized level. This provision also

makes a technical change to locate set-asides and authorization

language in a single section of Title IV–B of the Social Security

Act.

The provision includes additional percentage set-asides for evaluation, research, training and technical assistance, State Court Improvements, and Indian tribes, applicable to the up to $200 million

in new annual funding that may be appropriated for each of fiscal

years 2002 through 2006. The percentages are designed, should the

entire $200 million in additional funds be appropriated each year,

to support the full amount of funding sought for these purposes in

the President’s original proposal and reflected in H.R. 2873 as introduced. Should less than $200 million be appropriated in any

19

year, this approach will make additional funds available for these

purposes on a sliding scale basis.

SECTION 107. STATE COURT IMPROVEMENTS

Present law

Entitlement funding for State court improvements is included in

Section 430 of the Social Security Act while details concerning the

purpose, requirements and allocation of these grants are included

in Section 13712 of the Omnibus Budget Reconciliation Act of 1993

(P.L. 103–66).

Explanation of provision

This provision amends the description of the State court improvement grants by providing that money is for assessment and implementation of ‘‘improvements,’’ and specifies that those improvements are to provide for the safety, well-being, and permanence of

children as set forth in the Adoption and Safe Families Act, and

to implement corrective action plans, as necessary, resulting from

the Children and Family Services reviews under Section 1132(a) of

the Social Security Act.

The eligibility criteria for an allotment is amended by stating

that a State Court must be conducting assessment and ‘‘improvement’’ activities. Continued State Court Improvement grants are

authorized for fiscal years 2002 through 2006, and the heading requiring a non-federal match of 25 percent is renamed ‘‘Federal

Share.’’ Specific language related to the 1995 funding level is removed. The State Court Improvement program is relocated from

the Omnibus Budget Reconciliation Act of 1993 to a new Section

437 of the Social Security Act.

Reason for change

Changes also are made to clarify that the intent of the State

Court Improvement program is to (1) assist the State Courts in

meeting the expectations of ASFA regarding the safety, well-being,

and permanency of children in foster care; and (2) address any

issues identified as needing corrective action to comply with Children and Family Services Reviews. Children and Family Services

Reviews are comprehensive oversight and assessment activities of

State and local child protection and child welfare programs performed by the Secretary. State Court Improvement programs have

proved an important catalyst for collaboration between State agencies and the judicial branch toward the mutual goals of protecting

children and promoting their well-being and permanent living arrangements.

Technical changes are made to co-locate the State Court Improvement program with the other related Promoting Safe and Stable Families sections of the Social Security Act.

SECTION 121. MENTORING CHILDREN OF PRISONERS; PROGRAM

AUTHORIZED

Present law

No provision.

20

Explanation of provision

The legislation authorizes a new program to fund grants for the

mentoring of children of prisoners. Findings are included highlighting the fact that the number of children with a parent in Federal or State prison doubled in the 1990s. The Congress also finds

that children often face difficulties associated with the stress and

trauma of parental arrest and confinement. Further, research demonstrates that mentoring programs can have an impact on children’s behavior. The legislation defines the purpose of the grants

as to support the establishment or expansion of mentoring networks in areas with substantial concentrations of children of incarcerated parents. The legislation also defines terms used in this section, making clear that the mentoring programs are to be one-onone matched relationships between adult volunteers and the children of those incarcerated in a Federal, State, or local correctional

facility.

The Committee bill authorizes grants for fiscal years 2002

through 2006, with a maximum individual grant of $5 million.

State or local government entities, community-based or faith-based

organizations, and Indian tribes or tribal consortia are eligible to

apply for a grant under this program. Applicants are required to

provide certain information concerning the design of the program,

public and private entities consulted or participating in the mentoring network, and records and reports required by the Secretary

for the purpose of evaluating the program. The Federal share of

funding for the grants is capped at 75 percent in the first two years

of the grant and 50 percent in the remaining years of the grant.

The Secretary is required to consider the qualifications and capacity of applicants to carry out the program effectively, the consultation with existing youth and family service programs, as well

as the comparative severity of need in the area where the applicant

will operate the program. The Secretary also is required to evaluate the program and report any findings to the Congress by April

15, 2005. The legislation authorizes $67 million for this program

for each of fiscal years 2002 and 2003, and such sums as may be

necessary for each succeeding fiscal year; 2.5 percent of the funds

authorized are to be reserved by the Secretary for conducting evaluations of the program.

Reason for change

This initiative was a priority sought by the President in his fiscal

year 2002 budget. The Committee bill creates a new program to

provide children of prisoners with supportive adult mentoring relationships. The number of individuals incarcerated as well as the

number of children of incarcerated individuals has increased substantially in recent years, and the children of prisoners often face

particular challenges. While the needs of these children and their

communities are complex, the Committee finds that mentoring networks like the Amachi program in Philadelphia, Pennsylvania have

had a remarkable impact both on the children they serve and the

community at large by bringing people together to address the

needs of families affected by incarceration.

21

TITLE II—FOSTER CARE AND INDEPENDENT LIVING

SECTION 201. EDUCATIONAL AND TRAINING VOUCHERS FOR YOUTHS

AGING OUT OF FOSTER CARE

Present law

The Chafee Foster Care Independence Program (CFCIP) established under Title IV–E of the Social Security Act seeks to identify

and assist children likely to remain in foster care until the age of

18. The $140 million entitlement grant program to the States includes among its purposes to assist these youth in making the

transition to self-sufficiency by providing help in obtaining a high

school diploma, postsecondary education or vocational training, job

placement and retention services, training in daily living skills and

financial affairs, and other appropriate support services. States

must submit a plan to the Secretary describing how services will

be provided to this population and make certain certifications including that no more than 30 percent of grant funds are to be used

for room and board.

State allotments are based on the State’s share of the nation’s

foster care population and minimum grant amounts are set at

$500,000. Funds, provided quarterly, must not supplant other

available State funds for these purposes. States also must provide

a 20 percent match on all funds received. Each annual allotment

is to remain available for expenditure by the State for up to two

fiscal years.

Explanation of provision

The Committee bill creates a new discretionary grant program to

provide for education vouchers for youths aging out of foster care.

The legislation expands upon the purposes of the CFCIP to include

making vouchers available for postsecondary training and education to youths who have aged out of foster care. It also describes

several requirements under the program, including that youths age

16 and over (and up to age 23 at State option) are eligible for

vouchers in amounts of up to $5,000 per year or the cost of the education or training program, whichever is less. The value of a voucher may not be counted in determining financial eligibility for other

forms of Federal assistance. However, agencies must take steps to

prevent duplication of benefits under this or any other Federal or

Federally supported program. The legislation also requires State

certifications under CFCIP to include demonstrations of State efforts to avoid duplication of benefits and to ensure that no more

than the cost of attendance in the training or education program

is supported through the voucher.

The Committee bill authorizes the education voucher program as

a separate discretionary appropriation of $60 million in each of fiscal years 2002 through 2006. The formula for allotting the State

shares under the education voucher program is the same as the

formula under the CFCIP. However, there is no minimum grant

provision per State as in the underlying CFCIP.

Reason for change

The Committee remains concerned by the challenges facing

youth who age out of the foster care system without a permanent

22

home. Previous legislation sponsored by the Committee doubled

funding for services specifically to assist this population. The provision of education vouchers, as proposed by the President in his fiscal year 2002 budget and provided under the Committee bill, will

further support these youth.

SECTION 202. REALLOCATION AND EXTENSION OF FUNDS

Present law

No provision.

Explanation of provision

The legislation provides the Secretary with authority to reallocate CFCIP funds for which States did not apply to other States

on the basis of need, as determined by the Secretary. The legislation also provides for a temporary expansion of the rule that States

must spend program funds within 2 years, permitting States to

spend fiscal year 2000 funds in 2000, 2001 or 2002.

Reason for change

The Committee bill restores a provision inadvertently dropped

during the 1999 reauthorization of the program allowing unused

CFCIP funds to be reallotted to other States, ensuring the maximum availability of funds authorized by the program. The Committee also provides an additional one-year extension in the availability of fiscal year 2000 funds, allowing States to use these funds

in fiscal years 2000, 2001, or 2002. This change is designed to accommodate States’ need to expand programs in accordance with the

large increases in funds provided in fiscal year 2000.

TITLE III—EFFECTIVE DATE

SECTION 301. EFFECTIVE DATE

Present law

Not applicable.

Explanation of provision

Except as provided below, amendments made by the Committee

bill take effect upon enactment. If the Secretary determines that

enactment of State legislation (other than appropriations) is needed

for a State’s Title IV–B or IV–E plan to comply, the plan will not

be considered out of compliance on that basis until after completion

of the first regular session of the State legislature (or the first year

of a two-year legislative session) that begins after enactment of this

Act.

Reason for change

States are provided ample time to make any necessary changes

to State laws to comply with the Committee bill.

III. VOTES OF THE COMMITTEE

In compliance with clause 3(b) of rule XIII of the Rules of the

House of Representatives, the following statements are made concerning the votes of the Committee on Ways and Means in its consideration of the bill, H.R. 2873.

23

MOTION TO REPORT THE BILL

The bill, H.R. 2873, as amended, was ordered favorably reported

by voice vote (with a quorum being present).

VOTES ON AMENDMENTS

A rollcall vote was conducted on the following amendment to the

Chairman’s amendment in the nature of a substitute.

An amendment by Mr. Cardin providing mandatory funding for

the Safe and Stable Families Program increases and education

vouchers was defeated by a rollcall vote of 14 yeas to 20 nays. The

vote was as follows:

Representatives Yea Nay Representatives Yea Nay

Mr. Thomas .............................................. X Mr. Rangel ..............................................

Mr. Crane ................................................. X Mr. Stark ................................................. X

Mr. Shaw .................................................. X Mr. Matsui .............................................. X

Mrs. Johnson ............................................ X Mr. Coyne ................................................ X

Mr. Houghton ........................................... Mr. Levin ................................................. X

Mr. Herger ................................................ X Mr. Cardin ............................................... X

Mr. McCrery .............................................. Mr. McDermott ........................................ X

Mr. Camp ................................................. X Mr. Kleczka .............................................

Mr. Ramstad ............................................ X Mr. Lewis (GA) ........................................ X

Mr. Nussle ................................................ X Mr. Neal .................................................. X

Mr. Johnson .............................................. X Mr. McNulty .............................................

Ms. Dunn ................................................. Mr. Jefferson ........................................... X

Mr. Collins ............................................... X Mr. Tanner .............................................. X

Mr. Portman ............................................. X Mr. Becerra ............................................. X

Mr. English .............................................. X Mrs. Thurman ......................................... X

Mr. Watkins .............................................. X Mr. Doggett ............................................. X

Mr. Hayworth ............................................ X Mr. Pomeroy ............................................ X

Mr. Weller ................................................. X

Mr. Hulshof .............................................. X

Mr. McInnis ..............................................

Mr. Lewis (KY) ......................................... X

Mr. Foley .................................................. X

Mr. Brady ................................................. X

Mr. Ryan .................................................. X

IV. BUDGET EFFECTS OF THE BILL

A. COMMITTEE ESTIMATE OF BUDGETARY EFFECTS

In compliance with clause 3(d)(2) of rule XIII of the Rules of the

House of Representatives, the following statement is made:

The Committee agrees with the estimate prepared by the Congressional Budget office (CBO) which is included below.

B. STATEMENT REGARDING NEW BUDGET AUTHORITY AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the

House of Representatives, the Committee states that the Committee bill results in direct spending of lll over 5 years and a

decrease in revenues of lll over 5 years. This amount is accommodated by the allocation to the Committee under the Budget Resolution.

24

C. COST ESTIMATE PREPARED BY THE CONGRESSIONAL BUDGET

OFFICE

In compliance with clause 3(c)(3) of rule XIII of the Rules of the

House of Representatives requiring a cost estimate prepared by the

Congressional Budget Office (CBO), the following report prepared

by CBO is provided.

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, November 6, 2001.

Hon. WILLIAM ‘‘BILL’’ M. THOMAS,

Chairman, Committee on Ways and Means,

House of Representatives, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2873, the Promoting Safe

and Stable Families Amendments of 2001.

If you wish further details on this estimate, we will be pleased

to provide them. The CBO staff contact is Christina Hawley Sadoti.

Sincerely,

STEVEN LIEBERMAN

(For Dan L. Crippen, Director).

Enclosure.

H.R. 2873—The Promoting Safe and Stable Families Amendments

of 2001

Summary: H.R. 2873 would extend the Promoting Safe and Stable Families (PSSF) program through fiscal year 2006. PSSF expired at the end of fiscal year 2001. Relative to current law, extending this program would cost $305 million each year. However,

under the rules governing baseline projections, the costs of extending PSSF and other large entitlement programs are assumed in

CBO’s estimates of baseline spending. Consequently, enacting H.R.

2873 would have no effect on direct spending relative to the baseline. Nevertheless, pay-as-you-go procedures apply to the bill.

The bill also would authorize discretionary grants for additional

spending for PSSF from 2002 through 2006, and would permanently authorize grant programs that would provide mentoring

services to children of prisoners and educational and training

vouchers for youth leaving foster care. Assuming appropriation of

the authorized amounts, CBO estimates that making such grants

would cost about $1.2 billion over the 2002-2006 period and $2.2

billion from 2002 through 2011.

H.R. 2873 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA).

The grant programs authorized by the bill would require matching

commitments, and CBO estimates and state spending to fulfill

those requirements would total about $760 million over the 2002–

2006 period.

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 2873 is shown in the following table. The cost

of this legislation falls within budget function 500 (education,

training, employment, and social services).

25

By fiscal year, in million of dollars—

2002 2003 2004 2005 2006

SPENDING SUBJECT TO APPROPRIATION

PSSF discretionary grants (section 106): 1

Authorization level ................................................................................ 200 200 200 200 200

Estimated outlays ................................................................................ 16 116 166 186 196

Mentoring children of prisoners (section 121):

Estimated authorization level .............................................................. 67 67 69 71 71

Estimated outlays ................................................................................ 5 47 59 68 71

Foster care, independent living education vouchers (section 201):

Authorization level ................................................................................ 60 60 60 60 60

Estimated outlays ................................................................................ 9 45 60 60 60

Total authorization of appropriations:

Estimated authorization level .............................................................. 327 327 329 331 333

Estimated outlays ................................................................................ 30 208 285 314 327

1 The costs of extending the entitlement program for PSSF at the level of $305 million per year are assumed in CBO’s baseline projection

of spending under current law. Thus, reauthorizing PSSF at this level would have no affect on direct spending relative to the baseline.

Basis of estimate

For this estimate, CBO assumes that H.R. 2873 will be enacted

by December 1, 2001, and that the authorized amounts will be appropriated for each year. In estimating outlays of the appropriated

amounts, CBO relied on past spending patterns of similar programs.

Direct Spending.—H.R. 2873 would extend PSSF grants through

2006 at $305 million annually. These grants are considered entitlements to states, and are available for services that provide community-based family support, family reunification, and adoption promotion. Although PSSF expired at the end of fiscal year 2001, the

costs of the program are assumed in the baseline according to the

rules established by the Balanced Budget and Emergency Deficit

Control Act. Therefore, extending PSSF at this level would not increase direct spending relative to CBO’s baseline projections.

Spending Subject to Appropriation.—H.R. 2873 would authorize

discretionary grants totaling $2.3 billion over the 2002–2011 period. Assuming appropriation of the authorized amounts, CBO estimates that enacting this bill would increase discretionary outlays

by $30 million in fiscal year 2002 and by $2.2 billion over the

2002–2011 period. In addition to the $305 million in entitlements

to states (discussed under the direct spending section of this estimate), H.R. 2873 would authorize the appropriation of $200 million

in each of fiscal years 2002 through 2006 for PSSF grants. The bill

would also authorize new grants in the amount of $67 million for

fiscal years 2002 and 2003, and such sums as may be necessary in

following fiscal years, for competitive grants aimed at providing

mentoring services to children of incarcerated parents. For the purpose of this estimate, CBO has assumed that the authorization for

years after 2003 is equal to the 2003 authorization adjusted for inflation. (Without adjustment for inflation, outlays over the 2002–

2011 period would be $0.1 billion less.) Finally, the bill would permanently authorize $60 million each year for educational and

training vouchers that would be made available for youth who become too old to qualify for foster care, and for youth who are adopted from foster care after attaining age 16.

Pay-as-you-go considerations: The Balanced Budget and Emergency Deficit Control Act sets up pay-as-you-go procedures for legislation affecting direct spending or receipts. Such procedures apply

26

to H.R. 2873 because it would extend PSSF, a direct spending program. However, because that spending is already included in baseline projections, no additional cost would be recorded for pay-asyou-go purposes.

Estimated impact on State, local and tribal governments: H.R.

2873 contains no intergovernmental mandates as defined in

UMRA. The bill would extend and expand a number of grants to

state, local, and tribal governments, the most significant of which

would be grants for promoting safe and stable families. After accounting for amounts reserved for use by the Secretary of Health

and Human Services, CBO estimates that federal outlays for

grants to tribal governments would total about $30 million, and for

grants to state governments, about $2.1 billion, over the 2002–2006

period. The grants to tribal governments would have no matching

requirements, but the grants to states would require about $700

million in state matching funds. The bill also would authorize

grants to states for educational vouchers to youth who have moved

out of the foster care system and who are attending post-secondary

schools. CBO estimates that federal grants to states for this purpose would total $234 million over the 2002–2006 period and that

states would provide about $60 million in matching funds over the

same period.

The bill would also authorize grants to public and private entities for mentoring programs that target children who have a parent

in prison. State, local, and tribal governments, as well as private

entities, could qualify for those grants. Recipients would have to

match federal funds with either in-kind or cash support totaling 25

percent of the program’s resources in the first two years and 50

percent thereafter.

Estimated impact on the private sector: This bill contains no private-sector mandates as defined in UMRA.

Estimate prepared by: Federal spending: Christina Hawley

Sadoti; impact on State, local, and tribal governments: Leo Lex; impact on the private sector: Ralph Smith.

Estimate approved by: Robert A. Sunshine, Assistant Director for

Budget Analysis.

V. OTHER MATTERS REQUIRED TO BE DISCUSSED

UNDER THE RULES OF THE HOUSE

A. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the

House of Representatives, the Subcommittee reports that the need

for this legislation was confirmed by the oversight hearings of the

Subcommittee on Human Resources. The hearings were as follows:

The Subcommittee on Human Resources held a hearing on May

10, 2001 (Serial 107–18) to receive comments on the reauthorization of the Promoting Safe and Stable Families program. Testimony

at the hearing was presented by program administrators, advocates, researchers, and Members of the U.S. House of Representatives. The Subcommittee also conducted a hearing on July 11, 2001

(Serial 107–36) on the President’s budget proposals, which included

testimony from the Administration on the proposals included in

H.R. 2873 as approved by the Committee.

27

B. SUMMARY OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In compliance with clause 3(c)(4) of rule XIII of the Rules of the

House of Representatives, the Committee states that legislation reauthorizes and makes improvements to the Promoting Safe and

Stable Families program, the primary Federal resource for services

to prevent child abuse and neglect; creates a competitive grant program to establish and expand networks of mentoring services for

the children of prisoners; and creates an education voucher program for youth aging out of foster care.

C. CONSTITUTIONAL AUTHORITY STATEMENT

In compliance with clause 3(d)(1) of rule XIII of the Rules of the

House of Representatives, relating to Constitutional Authority, the

Committee states that the Subcommittee’s action in reporting the

bill is derived from Article I of the Constitution, Section 8 (‘‘The

Congress shall have power to lay and collect taxes, duties, imposts

and excises, to pay the debts and to provide for * * * the general

Welfare of the United States * * *’’).

D. INFORMATION RELATING TO UNFUNDED MANDATES

This information is provided in accordance with Section 423 of

the Unfunded Mandates Reform Act of 1995 (P.L. 104–4).

VI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS

REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the

House of Representatives, changes in existing law made by the bill,

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic,

existing law in which no change is proposed is shown in roman):

SOCIAL SECURITY ACT

* * * * * * *

TITLE IV—GRANTS TO STATES FOR AID AND SERVICES TO

NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES

* * * * * * *

PART B—CHILD AND FAMILY SERVICES

* * * * * * *

Subpart 2—Promoting Safe and Stable Families

øSEC. 430. PURPOSES; LIMITATIONS ON AUTHORIZATIONS OF APPROPRIATIONS; RESERVATION OF CERTAIN AMOUNTS.

ø(a) PURPOSES; LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—For the purpose of encouraging and enabling each State to

develop and establish, or expand, and to operate a program of family preservation services, community-based family support services,

time-limited family reunification services, and adoption promotion

28

and support services, there are authorized to be appropriated to the

Secretary the amounts described in subsection (b) for the fiscal

years specified in subsection (b).

ø(b) DESCRIPTION OF AMOUNTS.—The amount described in this

subsection is—

ø(1) for fiscal year 1994, $60,000,000;

ø(2) for fiscal year 1995, $150,000,000;

ø(3) for fiscal year 1996, $225,000,000;

ø(4) for fiscal year 1997, $240,000,000;

ø(5) for fiscal year 1998, the greater of—

ø(A) $255,000,000; or

ø(B) the amount described in this subsection for fiscal

year 1997, increased by the inflation percentage applicable

to fiscal year 1998;

ø(6) for fiscal year 1999, $275,000,000;

ø(7) for fiscal year 2000, $295,000,000; and

ø(8) for fiscal year 2001, $305,000,000.

ø(c) INFLATION PERCENTAGE.—For purposes of subsection

(b)(5)(B) of this section, the inflation percentage applicable to any

fiscal year is the percentage (if any) by which—

ø(1) the average of the Consumer Price Index (as defined in

section 1(f)(5) of the Internal Revenue Code of 1986) for the 12-

month period ending on December 31 of the immediately preceding fiscal year; exceeds

ø(2) the average of the Consumer Price Index (as so defined)

for the 12-month period ending on December 31 of the 2nd preceding fiscal year.

ø(d) RESERVATION OF CERTAIN AMOUNTS.—

ø(1) EVALUATION, RESEARCH, TRAINING, AND TECHNICAL ASSISTANCE.—The Secretary shall reserve $2,000,000 of the

amount described in subsection (b) for fiscal year 1994, and

$6,000,000 of the amounts so described for each of fiscal years

1995, 1996, 1997, 1998, 1999, 2000, and 2001, for expenditure

by the Secretary—

ø(A) for research, training, and technical assistance related to the program under this subpart; and

ø(B) for evaluation of State programs funded under this

subpart and any other Federal, State, or local program, regardless of whether federally assisted, that is designed to

achieve the same purposes as the program under this subpart.

ø(2) STATE COURT ASSESSMENTS.—The Secretary shall reserve $5,000,000 of the amount described in subsection (b) for

fiscal year 1995, and $10,000,000 of the amounts so described

for each of fiscal years 1996, 1997, 1998, 1999, 2000, and 2001,

for grants under section 13712 of the Omnibus Budget Reconciliation Act of 1993.

ø(3) INDIAN TRIBES.—The Secretary shall reserve 1 percent of

the amounts described in subsection (b) for each fiscal year, for

allotment to Indian tribes in accordance with section 433(a).¿

SEC. 430. FINDINGS AND PURPOSE.

(a) FINDINGS.—The Congress finds that there is a continuing urgent need to protect children and to strengthen families as demonstrated by the following:

29

(1) Family support programs directed at specific vulnerable

populations have had positive effects on parents, children, or

both. The vulnerable populations for which programs have been

shown to be effective include teenage mothers with very young

children and families that have children with special needs.

(2) Family preservation programs have been shown to provide

extensive and intensive services to families in crisis.

(3) The time lines established by the Adoption and Safe Families Act of 1997 have made the prompt availability of services

to address family problems (and in particular the prompt availability of appropriate services and treatment addressing substance abuse) an important factor in successful family reunification.

(4) The rapid increases in the annual number of adoptions

since the enactment of the Adoption and Safe Families Act of

1997 have created a growing need for postadoption services and

for service providers with the particular knowledge and skills

required to address the unique issues adoptive families and

children may face.

(b) PURPOSE.—The purpose of this program is to enable States to

develop and establish, or expand, and to operate coordinated programs of community-based family support services, family preservation services, time-limited family reunification services, and adoption promotion and support services to accomplish the following objectives:

(1) To prevent child maltreatment among families at risk

through the provision of supportive family services.

(2) To assure children’s safety within the home and preserve

intact families in which children have been maltreated, when

the family’s problems can be addressed effectively.

(3) To address the problems of families whose children have

been placed in foster care so that reunification may occur in a

safe and stable manner in accordance with the Adoption and

Safe Families Act of 1997.

(4) To support adoptive families by providing support services

as necessary so that they can make a lifetime commitment to

their children.

SEC. 431. DEFINITIONS.

(a) IN GENERAL.—As used in this subpart:

(1) FAMILY PRESERVATION SERVICES.—The term ‘‘family preservation services’’ means services for children and families designed to help families (including adoptive and extended families) at risk or in crisis, including—

(A) * * *

* * * * * * *

(D) respite care of children to provide temporary relief

for parents and other caregivers (including foster parents);

øand¿

(E) services designed to improve parenting skills (by reinforcing parents’ confidence in their strengths, and helping them to identify where improvement is needed and to

obtain assistance in improving those skills) with respect to

matters such as child development, family budgeting, coping with stress, health, and nutritionø.¿; and

30

(F) infant safe haven programs to provide a way for a

parent to safely relinquish a newborn infant at a safe

haven designated pursuant to a State law.

(2) FAMILY SUPPORT SERVICES.—The term ‘‘family support

services’’ means community-based services to promote the safety and well-being of children and families designed to increase

the strength and stability of families (including adoptive, foster, and extended families), to increase parents’ confidence and

competence in their parenting abilities, to afford children a

safe, stable, and supportive family environment, to strengthen

parental relationships and promote healthy marriages, and otherwise to enhance child development.

* * * * * * *

SEC. 433. ALLOTMENTS TO STATES.

(a) INDIAN TRIBES.—From the amount reserved pursuant to section ø430(d)(3)¿ 436(b)(3) for any fiscal year, the Secretary shall

allot to each Indian tribe with a plan approved under this subpart

an amount that bears the same ratio to such reserved amount as

the number of children in the Indian tribe bears to the total number of children in all Indian tribes with State plans so approved,

as determined by the Secretary on the basis of the most current

and reliable information available to the Secretary.

(b) TERRITORIES.—From the amount described in section ø430(b)¿

436(a) for any fiscal year that remains after applying section

ø430(d)¿ 436(b) for the fiscal year, the Secretary shall allot to each

of the jurisdictions of Puerto Rico, Guam, the Virgin Islands, the

Northern Mariana Islands, and American Samoa an amount determined in the same manner as the allotment to each of such jurisdictions is determined under section 421.

(c) OTHER STATES.— (1) IN GENERAL.—From the amount described in section

ø430(b)¿ 436(a) for any fiscal year that remains after applying

section ø430(d)¿ 436(b) and subsection (b) of this section for

the fiscal year, the Secretary shall allot to each State (other

than an Indian tribe) which is not specified in subsection (b)

of this section an amount equal to such remaining amount

multiplied by the food stamp percentage of the State for the

fiscal year.

* * * * * * *

(d) REALLOTMENTS.—The amount of any allotment to a State

under this section for any fiscal year that the State certifies to the

Secretary will not be required for carrying out the State plan under

section 432 shall be available for reallotment using the allotment

methodology specified in this section. Any amount so reallotted to

a State is deemed part of the allotment of the State under the preceding provisions of this section.

SEC. 434. PAYMENTS TO STATES.

ø(a) ENTITLEMENT.— ø(1) GENERAL RULE.—Except as provided in paragraph (2) of

this subsection, each State which has a plan approved under

this subpart shall be entitled to payment of the lesser of—¿

(a) ENTITLEMENT.—Each State that has a plan approved under

section 432 shall be entitled to payment of the lesser of—

31

ø(A)¿ (1) 75 percent of the total expenditures by the State for

activities under the plan during the fiscal year or the immediately succeeding fiscal year; or

ø(B)¿ (2) the allotment of the State under section 433 for the

fiscal year.

ø(2) SPECIAL RULE.—Upon submission by a State to the Secretary during fiscal year 1994 of an application in such form

and containing such information as the Secretary may require

(including, if the State is seeking payment of an amount pursuant to subparagraph (B) of this paragraph, a description of the

services to be provided with the amount), the State shall be entitled to payment of an amount equal to the sum of— ø(A) such amount, not exceeding $1,000,000, from the allotment of the State under section 433 for fiscal year 1994,

as the State may require to develop and submit a plan for

approval under section 432; and

ø(B) an amount equal to the lesser of— ø(i) 75 percent of the expenditures by the State for

services to children and families in accordance with

the application and the expenditure rules of section

432(a)(4); or

ø(ii) the allotment of the State under section 433 for

fiscal year 1994, reduced by any amount paid to the

State pursuant to subparagraph (A) of this paragraph.¿

(b) PROHIBITIONS.— (1) NO USE OF OTHER FEDERAL FUNDS FOR STATE MATCH.— Each State receiving an amount paid under øparagraph (1) or

(2)(B) of¿ subsection (a) may not expend any Federal funds to

meet the costs of services ødescribed in this subpart¿ under the

State plan under section 432 not covered by the amount so

paid.

(2) AVAILABILITY OF FUNDS.—A State may not expend any

amount paid under øsubsection (a)(1)¿ subsection (a) for any

fiscal year after the end of the immediately succeeding fiscal

year.

* * * * * * *

øSEC. 435. EVALUATIONS.

ø(a) EVALUATIONS.—

ø(1) IN GENERAL.—The Secretary shall evaluate¿

SEC. 435. EVALUATIONS; RESEARCH; TECHNICAL ASSISTANCE.

(a) EVALUATIONS.—

(1) IN GENERAL.—The Secretary shall evaluate and report to

the Congress biennially on the effectiveness of the programs

carried out pursuant to this subpart in accomplishing the purposes of this subpart, and may evaluate any other Federal,

State, or local program, regardless of whether federally assisted, that is designed to achieve the same purposes as the

program under this subpart, in accordance with criteria established in accordance with paragraph (2).

* * * * * * *

(3) TIMING OF REPORT.—Beginning in 2003, the Secretary

shall submit the biennial report required by this subsection not

32

later than April 1 of every other year, and shall include in each

such report the funding level, the status of ongoing evaluations,

findings to date, and the nature of any technical assistance provided to States under subsection (d).

* * * * * * *

(c) RESEARCH.—The Secretary shall give priority consideration to

the following topics for research and evaluation under this subsection, using rigorous evaluation methodologies where feasible:

(1) Promising program models in the service categories specified in section 430(b), particularly time-limited reunification

services and postadoption services.

(2) Multi-disciplinary service models designed to address parental substance abuse and to reduce its impacts on children.

(3) The efficacy of approaches directed at families with specific problems and with children of specific age ranges.

(4) The outcomes of adoptions finalized after enactment of the

Adoption and Safe Families Act of 1997.

(d) TECHNICAL ASSISTANCE.—To the extent funds are available

therefor, the Secretary shall provide technical assistance that helps

States and Indian tribes to—

(1) develop research-based protocols for identifying families at

risk of abuse and neglect of use in the field;

(2) develop treatment models that address the needs of families at risk, particularly families with substance abuse issues;

(3) implement programs with well-articulated theories of how

the intervention will result in desired changes among families

at risk;

(4) establish mechanisms to ensure that service provision

matches the treatment model; and

(5) establish mechanisms to ensure that postadoption services

meet the needs of the individual families and develop models to

reduce the disruption rates of adoption.

SEC. 436. AUTHORIZATION OF APPROPRIATIONS; RESERVATION OF

CERTAIN AMOUNTS.

(a) AUTHORIZATION.—There are authorized to be appropriated to

carry out the provisions of this subpart $305,000,000 for each of fiscal years 2002 through 2006.

(b) RESERVATION OF CERTAIN AMOUNTS.—From the amount specified in subsection (a) for a fiscal year, the Secretary shall reserve

amounts as follows:

(1) EVALUATION, RESEARCH, TRAINING, AND TECHNICAL ASSISTANCE.—The Secretary shall reserve $6,000,000 for expenditure by the Secretary—

(A) for research, training, and technical assistance costs

related to the program under this subpart; and

(B) for evaluation of State programs based on the plans

approved under section 432 and funded under this subpart,

and any other Federal, State, or local program, regardless

of whether federally assisted, that is designed to achieve the

same purposes as the State programs.

(2) STATE COURT IMPROVEMENTS.—The Secretary shall reserve $10,000,000 for grants under section 438.

(3) INDIAN TRIBES.—The Secretary shall reserve 1 percent for

allotment to Indian tribes in accordance with section 433(a).

33

SEC. 437. DISCRETIONARY GRANTS.

(a) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—In addition to any amount appropriated pursuant to section 436, there

are authorized to be appropriated to carry out this section

$200,000,000 for each of fiscal years 2002 through 2006.

(b) RESERVATION OF CERTAIN AMOUNTS.—From the amount (if

any) appropriated pursuant to subsection (a) for a fiscal year, the

Secretary shall reserve amounts as follows:

(1) EVALUATION, RESEARCH, TRAINING, AND TECHNICAL ASSISTANCE.—The Secretary shall reserve 3.3 percent for expenditure by the Secretary for the activities described in section

436(b)(1).

(2) STATE COURT IMPROVEMENTS.—The Secretary shall reserve 3.3 percent for grants under section 438.

(3) INDIAN TRIBES.—The Secretary shall reserve 2 percent for

allotment to Indian tribes in accordance with subsection (c)(1).

(c) ALLOTMENTS.—

(1) INDIAN TRIBES.—From the amount (if any) reserved pursuant to subsection (b)(3) for any fiscal year, the Secretary shall

allot to each Indian tribe with a plan approved under this subpart an amount that bears the same ratio to such reserved

amount as the number of children in the Indian tribe bears to

the total number of children in all Indian tribes with State

plans so approved, as determined by the Secretary on the basis

of the most current and reliable information available to the

Secretary.

(2) TERRITORIES.—From the amount (if any) appropriated

pursuant to subsection (a) for any fiscal year that remains after

applying subection (b) for the fiscal year, the Secretary shall

allot to each of the jurisdictions of Puerto Rico, Guam, the Virgin Islands, the Northern Mariana Islands, and American

Samoa an amount determined in the same manner as the allotment to each of such jurisdictions is determined under section

421.

(3) OTHER STATES.—From the amount (if any) appropriated

pursuant to subsection (a) for any fiscal year that remains after

applying subsection (b) and paragraph (2) of this subsection for

the fiscal year, the Secretary shall allot to each State (other

than an Indian tribe) which is not specified in paragraph (2)

of this subsection an amount equal to such remaining amount

multiplied by the food stamp percentage (as defined in section

433(c)(2)) of the State for the fiscal year.

(d) GRANTS.—The Secretary may make a grant to a State which

has a plan approved under this subpart in an amount equal to the

lesser of—

(1) 75 percent of the total expenditures by the State for activities under the plan during the fiscal year or the immediately

succeeding fiscal year; or

(2) the allotment of the State under subsection (c) for the fiscal year.

(e) APPLICABILITY OF CERTAIN RULES.—The rules of subsections

(b) and (c) of section 434 shall apply in like manner to the amounts

made available pursuant to this section.

34

SEC. 438. ENTITLEMENT FUNDING FOR STATE COURTS TO ASSESS

AND IMPROVE HANDLING OF PROCEEDINGS RELATING TO

FOSTER CARE AND ADOPTION.

(a) IN GENERAL.—The Secretary shall make grants, in accordance

with this section, to the highest State courts in States participating

in the program under part E, for the purpose of enabling such

courts—

(1) to conduct assessments, in accordance with such requirements as the Secretary shall publish, of the role, responsibilities, and effectiveness of State courts in carrying out State laws

requiring proceedings (conducted by or under the supervision of

the courts)—

(A) that implement parts B and E;

(B) that determine the advisability or appropriateness of

foster care placement;

(C) that determine whether to terminate parental rights;

and

(D) that determine whether to approve the adoption or

other permanent placement of a child; and

(2) to implement improvements the highest state courts deem

necessary as a result of the assessments, including—

(A) to provide for the safety, well-being, and permanence

of children in foster care, as set forth in the Adoption and

Safe Families Act of 1997 (Public Law 105–89); and

(B) to implement a corrective action plan, as necessary,

resulting from reviews of child and family service programs

under section 1123A of this Act.

(2) to implement changes deemed necessary as a result of the

assessments.

(b) APPLICATIONS.—In order to be eligible for a grant under this

section, a highest State court shall submit to the Secretary an application at such time, in such form, and including such information

and assurances as the Secretary shall require.

(c) ALLOTMENTS.—

(1) IN GENERAL.—Each highest State court which has an application approved under subsection (b), and is conducting assessment and improvement activities in accordance with this

section, shall be entitled to payment, for each of fiscal years

2002 through 2006, from the amount reserved pursuant to section 436(b)(2) (and the amount, if any, reserved pursuant to section 437(b)(2)), of an amount equal to the sum of $85,000 plus

the amount described in paragraph (2) of this subsection for the

fiscal year.

(2) FORMULA.—The amount described in this paragraph for

any fiscal year is the amount that bears the same ratio to the

amount reserved pursuant to section 436(b)(2) (and the amount,

if any, reserved pursuant to section 437(b)(2)) for the fiscal year

(reduced by the dollar amount specified in paragraph (1) of this

subsection for the fiscal year) as the number of individuals in

the State who have not attained 21 years of age bears to the

total number of such individuals in all States the highest State

courts of which have approved applications under subsection

(b).

(d) FEDERAL SHARE.—Each highest State court which receives

funds paid under this section may use such funds to pay not more

35

than 75 percent of the cost of activities under this section in each

of fiscal years 2002 through 2006.

SEC. 439. GRANTS FOR PROGRAMS FOR MENTORING CHILDREN OF

PRISONERS.

(a) FINDINGS AND PURPOSE.— (1) FINDINGS.— (A) In the period between 1991 and 1999, the number of

children with a parent incarcerated in a Federal or State

correctional facility increased by more than 100 percent,

from approximately 900,000 to approximately 2,000,000. In

1999, 2.1 percent of all children in the United States had

a parent in Federal or State prison.

(B) Prior to incarceration, 64 percent of female prisoners

and 44 percent of male prisoners in State facilities lived

with their children.

(C) Nearly 90 percent of the children of incarcerated fathers live with their mothers, and 79 percent of the children

of incarcerated mothers live with a grandparent or other

relative.

(D) Parental arrest and confinement lead to stress, trauma, stigmatization, and separation problems for children.

These problems are coupled with existing problems that include poverty, violence, parental substance abuse, highcrime environments, intrafamilial abuse, child abuse and

neglect, multiple care givers, and/or prior separations. As

a result, these children often exhibit a broad variety of behavioral, emotional, health, and educational problems that

are often compounded by the pain of separation.

(E) Empirical research demonstrates that mentoring is a

potent force for improving children’s behavior across all

risk behaviors affecting health. Quality, one-on-one relationships that provide young people with caring role models

for future success have profound, life-changing potential.

Done right, mentoring markedly advances youths’ life prospects. A widely cited 1995 study by Public/Private Ventures

measured the impact of one Big Brothers Big Sisters program and found significant effects in the lives of youth—

cutting first-time drug use by almost half and first-time alcohol use by about a third, reducing school absenteeism by

half, cutting assaultive behavior by a third, improving parental and peer relationships, giving youth greater confidence in their school work, and improving academic performance.

(2) PURPOSE.—The purpose of this section is to authorize the

Secretary to make competitive grants to applicants in areas

with substantial numbers of children of incarcerated parents, to

support the establishment or expansion and operation of programs using a network of public and private community entities to provide mentoring services for children of prisoners.

(b) DEFINITIONS.—In this section:

(1) CHILDREN OF PRISONERS.—The term ‘‘children of prisoners’’ means children one or both of whose parents are incarcerated in a Federal, State, or local correctional facility. The

term is deemed to include children who are in an ongoing mentoring relationship in a program under this section at the time

36

of their parents’ release from prison, for purposes of continued

participation in the program.

(2) MENTORING.—The term ‘‘mentoring’’ means a structured,

managed program in which children are appropriately matched

with screened and trained adult volunteers for one-on-one relationships, involving meetings and activities on a regular basis,

intended to meet, in part, the child’s need for involvement with

a caring and supportive adult who provides a positive role

model.

(3) MENTORING SERVICES.—The term ‘‘mentoring services’’

means those services and activities that support a structured,

managed program of mentoring, including the management by

trained personnel of outreach to, and screening of, eligible children; outreach to, education and training of, and liaison with

sponsoring local organizations; screening and training of adult

volunteers; matching of children with suitable adult volunteer

mentors; support and oversight of the mentoring relationship;

and establishment of goals and evaluation of outcomes for

mentored children.

(c) PROGRAM AUTHORIZED.—From the amounts appropriated

under subsection (h) for a fiscal year that remain after applying

subsection (h)(2), the Secretary shall make grants under this section

for each of fiscal years 2002 through 2006 to State or local governments, tribal governments or tribal consortia, faith-based organizations, and community-based organizations in areas that have significant numbers of children of prisoners and that submit applications meeting the requirements of this section, in amounts that do

not exceed $5,000,000 per grant.

(d) APPLICATION REQUIREMENTS.—In order to be eligible for a

grant under this section, the chief executive officer of the applicant

must submit to the Secretary an application containing the following:

(1) PROGRAM DESIGN.—A description of the proposed program, including—

(A) a list of local public and private organizations and

entities that will participate in the mentoring network;

(B) the name, description, and qualifications of the entity

that will coordinate and oversee the activities of the mentoring network;

(C) the number of mentor-child matches proposed to be

established and maintained annually under the program;

(D) such information as the Secretary may require concerning the methods to be used to recruit, screen support,

and oversee individuals participating as mentors, (which

methods shall include criminal background checks on the

individuals), and to evaluate outcomes for participating

children, including information necessary to demonstrate

compliance with requirements established by the Secretary

for the program; and

(E) such other information as the Secretary may require.

(2) COMMUNITY CONSULTATION; COORDINATION WITH OTHER

PROGRAMS.—A demonstration that, in developing and implementing the program, the applicant will, to the extent feasible

and appropriate—

37

(A) consult with public and private community entities,

including religious organizations, and including, as appropriate, Indian tribal organizations and urban Indian organizations, and with family members of potential clients;

(B) coordinate the programs and activities under the program with other Federal, State, and local programs serving

children and youth; and

(C) consult with appropriate Federal, State, and local

corrections, workforce development, and substance abuse

and mental health agencies.

(3) EQUAL ACCESS FOR LOCAL SERVICE PROVIDERS.—An assurance that public and private entities and community organizations, including religious organizations and Indian organizations, will be eligible to participate on an equal basis.

(4) RECORDS, REPORTS, AND AUDITS.—An agreement that the

applicant will maintain such records, make such reports, and

cooperate with such reviews or audits as the Secretary may find

necessary for purposes of oversight of project activities and expenditures.

(5) EVALUATION.—An agreement that the applicant will cooperate fully with the Secretary’s ongoing and final evaluation

of the program under the plan, by means including providing

the Secretary access to the program and program-related

records and documents, staff, and grantees receiving funding

under the plan.

(e) FEDERAL SHARE.—

(1) IN GENERAL.—A grant for a program under this section

shall be available to pay a percentage share of the costs of the

program up to—

(A) 75 percent for the first and second fiscal years for

which the grant is awarded; and

(B) 50 percent for the third and each succeeding such fiscal years.

(2) NON-FEDERAL SHARE.—The non-Federal share of the cost

of projects under this section may be in cash or in kind. In determining the amount of the non-Federal share, the Secretary

may attribute fair market value to goods, services, and facilities

contributed from non-Federal sources.

(f) CONSIDERATIONS IN AWARDING GRANTS.—In awarding grants

under this section, the Secretary shall take into consideration—

(1) the qualifications and capacity of applicants and networks

of organizations to effectively carry out a mentoring program

under this section;

(2) the comparative severity of need for mentoring services in

local areas, taking into consideration data on the numbers of

children (and in particular of low-income children) with an incarcerated parents (or parents) in the areas;

(3) evidence of consultation with existing youth and family

service programs, as appropriate; and

(4) any other factors the Secretary may deem significant with

respect to the need for or the potential success of carrying out

a mentoring program under this section.

(g) EVALUATION.—The Secretary shall conduct an evaluation of

the programs conducted pursuant to this section, and submit to the

38

Congress not later than April 15, 2005, a report on the findings of

the evaluation.

(h) AUTHORIZATION OF APPROPRIATIONS; RESERVATION OF CERTAIN AMOUNTS.—

(1) AUTHORIZATION.—There are authorized to be appropriated

to carry out this section $67,000,000 for each of fiscal years

2002 and 2003, and such sums as may be necessary for each

succeeding fiscal year.

(2) RESERVATION.—The Secretary shall reserve 2.5 percent of

the amount appropriated for each fiscal year under paragraph

(1) for expenditure by the Secretary for research, technical assistance, and evaluation related to programs under this section.

* * * * * * *

PART E—FEDERAL PAYMENTS FOR FOSTER CARE AND ADOPTION

ASSISTANCE

* * * * * * *

PAYMENTS TO STATES; ALLOTMENTS TO STATES

SEC. 474. (a) For each quarter beginning after September 30,

1980, each State which has a plan approved under this part shall

be entitled to a payment equal to the sum of—

(1) * * *

* * * * * * *

ø(4) the lesser of—

ø(A) 80 percent of the amount (if any) by which—

ø(i) the total amount expended by the State during

the fiscal year in which the quarter occurs to carry out

programs in accordance with the State application approved under section 477(b) for the period in which

the quarter occurs (including any amendment that

meets the requirements of section 477(b)(5)); exceeds

ø(ii) the total amount of any penalties assessed

against the State under section 477(e) during the fiscal year in which the quarter occurs; or

ø(B) the amount allotted to the State under section 477

for the fiscal year in which the quarter occurs, reduced by

the total of the amounts payable to the State under this

paragraph for all prior quarters in the fiscal year.¿

(4) an amount equal to the amount (if any) by which—

(A) the lesser of—

(i) 80 percent of the amounts expended by the State

during the fiscal year in which the quarter occurs to

carry out programs in accordance with the State application approved under section 477(b) for the period in

which the quarter occurs (including any amendment

that meets the requirements of section 477(b)(5)); or

(ii) the amount allotted to the State under section

477(c)(1) for the fiscal year in which the quarter occurs,

reduced by the total of the amounts payable to the

State under this paragraph for all prior quarters in the

fiscal year; exceeds

39

(B) the total amount of any penalties assessed against the

State under section 477(e) during the fiscal year in which

the quarter occurs.

* * * * * * *

(e) DISCRETIONARY GRANTS FOR EDUCATIONAL AND TRAINING

VOUCHERS FOR YOUTHS AGING OUT OF FOSTER CARE.—From

amounts appropriated pursuant to section 477(h)(2), the Secretary

may make a grant to a State with a plan approved under this part,

for a calendar quarter, in an amount equal to the lesser of—

(1) 80 percent of the amounts expended by the State during

the quarter to carry out programs for the purposes described in

section 477(a)(6); or

(2) the amount, if any, allotted to the State under section

477(c)(3) for the fiscal year in which the quarter occurs, reduced

by the total of the amounts payable to the State under this subsection for such purposes for all prior quarters in the fiscal

year.

* * * * * * *

SEC. 477. JOHN H. CHAFEE FOSTER CARE INDEPENDENCE PROGRAM.

(a) PURPOSE.—The purpose of this section is to provide States

with flexible funding that will enable programs to be designed and

conducted— (1) * * *

* * * * * * *

(4) to provide personal and emotional support to children

aging out of foster care, through mentors and the promotion of

interactions with dedicated adults; øand¿

(5) to provide financial, housing, counseling, employment,

education, and other appropriate support and services to

former foster care recipients between 18 and 21 years of age

to complement their own efforts to achieve self-sufficiency and

to assure that program participants recognize and accept their

personal responsibility for preparing for and then making the

transition from adolescence to adulthoodø.¿; and

(6) to make available vouchers for education and training, including postsecondary training and education, to youths who

have aged out of foster care.

(b) APPLICATIONS.—

(1) * * *

* * * * * * *

(3) CERTIFICATIONS.—The certifications required by this

paragraph with respect to a plan are the following:

(A)

* * * * * * *

(J) A certification by the chief executive officer of the

State that the State educational and training voucher program under this section is in compliance with the conditions specified in subsection (i), including a statement describing methods the State will use— (i) to ensure that the total amount of educational assistance to a youth under this section and under other

40

Federal and Federally supported programs does not exceed the limitation specified in subsection (i)(5); and

(ii) to avoid duplication of benefits under this and

any other Federal or Federally assisted benefit program.

* * * * * * *

(c) ALLOTMENTS TO STATES.— ø(1) IN GENERAL.—From the amount specified in subsection

(h)¿ (1) GENERAL PROGRAM ALLOTMENT.—From the amount

specified in subsection (h)(1) that remains after applying subsection (g)(2) for a fiscal year, the Secretary shall allot to each

State with an application approved under subsection (b) for the

fiscal year the amount øwhich bears the same ratio¿ which

bears the ratio to such remaining amount øas the number of

children in foster care under a program of the State in the

most recent fiscal year for which such information is available

bears to the total number of children in foster care in all

States for such most recent fiscal year, as adjusted in accordance with paragraph (2).¿ equal to the State foster care ratio,

as adjusted in accordance with paragraph (2).

* * * * * * *

(3) VOUCHER PROGRAM ALLOTMENT.—From the amount, if

any, appropriated pursuant to subsection (h)(2) for a fiscal year,

the Secretary may allot to each State with an application approved under subsection (b) for the fiscal year an amount equal

to the State foster care ratio multiplied by the amount so specified.

(4) STATE FOSTER CARE RATIO.—In this subsection, the term

‘‘State foster care ratio’’ means the ratio of the number of children in foster care under a program of the State in the most

recent fiscal year for which the information is available to the

total number of children in foster care in all States for the most

recent fiscal year.

(d) USE OF FUNDS.—

(1) * * *

* * * * * * *

(4) REALLOCATION OF UNUSED FUNDS.—If a State does not

apply for funds under this section for a fiscal year within such

time as may be provided by the Secretary, the funds to which

the State would be entitled for the fiscal year shall be reallocated to 1 or more other States on the basis of their relative

need for additional payments under this section, as determined

by the Secretary.

* * * * * * *

(h) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—To

carry out this section and for payments to States under section

474(a)(4), øthere are authorized to be appropriated to the Secretary

$140,000,000 for each fiscal year.¿ there are authorized to be appropriated to the Secretary for each fiscal year—

(1) $140,000,000, which shall be available for all purposes

under this section; and

(2) an additional $60,000,000, which are authorized to be

available for payments to States for education and training

41

vouchers for youths who age out of foster care, to assist the

youths to develop skills necessary to lead independent and productive lives.

(i) EDUCATIONAL AND TRAINING VOUCHERS.—The following conditions shall apply to a State educational and training voucher program under this section:

(1) Vouchers under the program may be available to youths

otherwise eligible for services under the State program under

this section.

(2) For purposes of the voucher program, youths adopted from

foster care after attaining age 16 may be considered to be

youths otherwise eligible for services under the State program

under this section.

(3) The State may allow youths participating in the voucher

program on the date they attain 21 years of age to remain eligible until they attain 23 years of age, as long as they are enrolled in a postsecondary education or training program and

are making satisfactory progress toward completion of that program.

(4) The voucher or vouchers provided for an individual under

this section— (A) may be available for the cost of attendance at an institution of higher education, as defined in section 102 of

the Higher Education Act of 1965; and (B) shall not exceed the lesser of $5,000 per year or the

total cost of attendance, as defined in section 472 of that

Act.

(5) The amount of a voucher under this section may be disregarded for purposes of determining the recipient’s eligibility

for, or the amount of, any other Federal or Federally supported

assistance, except that the total amount of educational assistance to a youth under this section and under other Federal and

Federally supported programs shall not exceed the total cost of

attendance, as defined in section 472 of the Higher Education

Act of 1965, and except that the State agency shall take appropriate steps to prevent duplication of benefits under this and

other Federal or Federally supported programs.

(6) The program is coordinated with other appropriate education and training programs.

* * * * * * *

SECTION 13712 OF THE OMNIBUS BUDGET

RECONCILIATION ACT OF 1993

øSEC. 13712. ENTITLEMENT FUNDING FOR STATE COURTS TO ASSESS

AND IMPROVE HANDLING OF PROCEEDINGS RELATING

TO FOSTER CARE AND ADOPTION.

ø(a) IN GENERAL.—The Secretary shall make grants, in accordance with this section, to the highest State courts in States participating in the program under part E of title IV of the Social Security Act, for the purpose of enabling such courts— ø(1) to conduct assessments, in accordance with such requirements as the Secretary shall publish, of the role, responsibilities, and effectiveness of State courts in carrying out State

42

laws requiring proceedings (conducted by or under the supervision of the courts)— ø(A) that implement parts B and E of title IV of such

Act;

ø(B) that determine the advisability or appropriateness

of foster care placement;

ø(C) that determine whether to terminate parental

rights; and

ø(D) that determine whether to approve the adoption or

other permanent placement of a child; and

ø(2) to implement changes deemed necessary as a result of

the assessments.

ø(b) APPLICATIONS.—In order to be eligible for a grant under this

section, a highest State court shall submit to the Secretary an application at such time, in such form, and including such information and assurances as the Secretary shall require.

ø(c) ALLOTMENTS.— ø(1) IN GENERAL.—Each highest State court which has an

application approved under subsection (b), and is conducting

assessment activities in accordance with this section, shall be

entitled to payment, for each of fiscal years 1995 through 2001,

from amounts reserved pursuant to section 430(d)(2) of the Social Security Act, of an amount equal to the sum of— ø(A) for fiscal year 1995, $75,000 plus the amount described in paragraph (2) for fiscal year 1995; and

ø(B) for each of fiscal years 1996 through 2001, $85,000

plus the amount described in paragraph (2) for each of

such fiscal years.

ø(2) FORMULA.—The amount described in this paragraph for

any fiscal year is the amount that bears the same ratio to the

amount reserved pursuant to section 430(d)(2) of the Social Security Act for the fiscal year (reduced by the dollar amount

specified in paragraph (1) of this subsection for the fiscal year)

as the number of individuals in the State who have not attained 21 years of age bears to the total number of such individuals in all States the highest State courts of which have approved applications under subsection (b).

ø(d) USE OF GRANT FUNDS.—Each highest State court which receives funds paid under this section may use such funds to pay— ø(1) any or all costs of activities under this section in fiscal

year 1995; and

ø(2) not more than 75 percent of the cost of activities under

this section in each of fiscal years 1996, 1997, 1998, 1999,

2000, and 2001.¿

(43)

VII. ADDITIONAL VIEWS

We support the extension of the current Promoting Safe and Stable Families Program. However, we lament the fact that the Committee’s bill fails to guarantee new funding for this program as proposed by President Bush and as permitted by Congress’ Budget

Resolution. We do not believe that the terrorists attacks of September 11th should deter us from making the necessary investments to protect abused and neglected children, to help reunite

families involved in the child welfare system, and to promote the

adoption of children when they cannot safely return home. We reject the notion that our Nation can afford $150 billion in mostly

misguided tax breaks, which passed the House just last week, but

cannot afford a little over $1 billion to help and protect vulnerable

children.

Merely authorizing new money for this program makes it very

unlikely that all of the new resources promised by the Administration will actually materialize. In fact, appropriations legislation

that has already passed the House provided only $70 million of the

total $327 million requested by the President to improve the child

welfare system—that is only 22 cents for every dollar that is needed.

As originally proposed by President Bush, we support providing

$1 billion in new mandatory money for the Promoting Safe and

Stable Families Program over five years and $300 million over five

years for educational assistance for former foster children. In 2002

alone, these new resources could provide services to roughly an additional 76,000 families involved in the child welfare system and

provide educational assistance to about 12,000 youths who have

aged out of foster care.

44

The current downturn in the economy will impose additional

strains on at-risk families and therefore only increase the need for

counseling, caseworker oversight, substance abuse treatment, mental health services, respite care, domestic violence assistance, postadoption services and other family supports funded by the Promoting Safe and Stable Families Program. We should seize this opportunity to ensure the needed resources for these services are

made available.

CHARLES B. RANGEL.

KAREN L. THURMAN.

LLOYD DOGGETT.

PETE STARK.

JIM MCDERMOTT.

JERRY KLECZKA.

WILLIAM J. COYNE.

BEN CARDIN.

MICHAEL R. MCNULTY.

SANDER LEVIN.

JOHN LEWIS.

XAVIER BECERRA.

ROBERT T. MATSUI.

RICHARD E. NEAL.

Æ