107TH CONGRESS
1ST SESSION
H. R. 2873
AN ACT
To extend and amend the program entitled Pro-
moting 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 pro-
gram 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.
107TH CONGRESS
1ST SESSION
H. R. 2873
AN ACT
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘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 amend-
ment made by this Act to a section or other provision shall
be considered an amendment to the section or other provi-
sion of the Social Security Act.
TITLE I—PROMOTING SAFE AND
STABLE FAMILIES
Subtitle A—Grants to States for
Promoting Safe and Stable Fam-
ilies
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 spe-
cific vulnerable populations have had positive effects
on parents, children, or both. The vulnerable popu-
lations 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
‘‘(3) To address the problems of families whose
children have been placed in foster care so that re-
unification 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 subpara-
graph (D);
(2) by striking the period at the end of sub-
paragraph (E) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(F) infant safe haven programs to pro-
vide a way for a parent to safely relinquish a
newborn infant at a safe haven designated pur-
suant 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 ap-
proved 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), re-
spectively, 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 sec-
tion 432’’; and
(2) in paragraph (2), by striking ‘‘subsection
(a)(1)’’ and inserting ‘‘subsection (a)’’.
SEC. 105. EVALUATIONS, RESEARCH, AND TECHNICAL AS-
SISTANCE.
Section 435 (42 U.S.C. 629e) is amended—
(1) by striking all that precedes ‘‘the effective-
ness’’ in paragraph (1) of subsection (a), including
the heading for section 435 and the caption for sub-
section (a), and inserting the following:
‘‘SEC. 435. EVALUATIONS; RESEARCH; TECHNICAL ASSIST-
ANCE.
‘‘(a) EVALUATIONS.—
‘‘(1) IN GENERAL.—The Secretary shall evalu-
ate 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 re-
quired by this subsection not later than April 1 of
every other year, and shall include in each such re-
port the funding level, the status of ongoing evalua-
tions, findings to date, and the nature of any tech-
nical 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 eval-
uation 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 identi-
fying 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 serv-
ice provision matches the treatment model; and
‘‘(5) establish mechanisms to ensure that
postadoption services meet the needs of the indi-
vidual families and develop models to reduce the dis-
ruption rates of adoption.’’.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS; RESERVA-
TION 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; RES-
ERVATION 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 re-
serve $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 pro-
grams.
‘‘(2) STATE COURT IMPROVEMENTS.—The Sec-
retary shall reserve $10,000,000 for grants under
section 438.
‘‘(3) INDIAN TRIBES.—The Secretary shall re-
serve 1 percent for allotment to Indian tribes in ac-
cordance 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:
‘‘SEC. 437. DISCRETIONARY GRANTS.
‘‘(a) LIMITATIONS ON AUTHORIZATION OF APPRO-
PRIATIONS.—In addition to any amount appropriated pur-
suant to section 436, there are authorized to be appro-
priated 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 re-
serve 3.3 percent for expenditure by the Secretary
for the activities described in section 436(b)(1).
‘‘(2) STATE COURT IMPROVEMENTS.—The Sec-
retary shall reserve 3.3 percent for grants under sec-
tion 438.
‘‘(3) INDIAN TRIBES.—The Secretary shall re-
serve 2 percent for allotment to Indian tribes in ac-
cordance 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 In-
dian tribes with State plans so approved, as deter-
mined by the Secretary on the basis of the most cur-
rent and reliable information available to the Sec-
retary.
‘‘(2) TERRITORIES.—From the amount (if any)
appropriated pursuant to subsection (a) for any fis-
cal 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 Amer-
ican Samoa an amount determined in the same man-
ner 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 para-
graph (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 sub-
section (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 as-
sessments, 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 fol-
lows ‘‘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 de-
scribed 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
(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 fis-
cal 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 CHIL-
DREN OF PRISONERS.
‘‘(a) FINDINGS AND PURPOSE.—
‘‘(1) FINDINGS.—
‘‘(A) In the period between 1991 and
1999, the number of children with a parent in-