H. R. 2873
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
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 Representatives 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 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 Secu-
rity Act.
H. R. 2873—2
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 dem-
onstrated by the following:
‘‘(1) Family support programs directed at specific vulner-
able 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 pre-
serve 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 serv-
ices as necessary so that they can make a lifetime commitment
to their children.’’.
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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 relation-
ships 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 para-
graph (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 para-
graph (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 para-
graph (1) of subsection (a), including the heading for section
435 and the caption for subsection (a), and inserting the fol-
lowing:
‘‘SEC. 435. EVALUATIONS; RESEARCH; TECHNICAL ASSISTANCE.
‘‘(a) EVALUATIONS.—
‘‘(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:
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‘‘(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 sub-
section, using rigorous evaluation methodologies where feasible:
‘‘(1) Promising program models in the service categories
specified in section 430(b), particularly time-limited reunifica-
tion 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 fami-
lies 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 serv-
ices 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,
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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 ‘‘sec-
tion 436(a)’’; and
(ii) by striking ‘‘section 430(d)’’ and inserting ‘‘sec-
tion 436(b)’’; and
(C) in subsection (c)(1)—
(i) by striking ‘‘section 430(b)’’ and inserting ‘‘sec-
tion 436(a)’’; and
(ii) by striking ‘‘section 430(d)’’ and inserting ‘‘sec-
tion 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 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,
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the Virgin Islands, the Northern Mariana Islands, and Amer-
ican 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 sub-
section 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 imme-
diately 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 sub-
sections (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 perma-
nence 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 nec-
essary, 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 subpara-
graph (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
(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)—
H. R. 2873—7
(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 per-
cent, 
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 pris-
oners 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 chil-
dren. 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 rela-
tionships that provide young people with caring role models
for future success have profound, life-changing potential.
Done right, mentoring markedly advances youths’ life pros-
pects. A widely cited 1995 study by Public/Private Ventures
measured the impact of one Big Brothers Big Sisters pro-
gram and found significant effects in the lives of youth—
cutting first-time drug use by almost half and first-time
H. R. 2873—8
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 con-
fidence 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 pris-
oners’ means children one or both of whose parents are incarcer-
ated 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 contin-
ued participation in the program.
‘‘(2) MENTORING.—The term ‘mentoring’ means a struc-
tured, 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 vol-
unteer mentors; support and oversight of the mentoring rela-
tionship; 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 govern-
ments, tribal governments or tribal consortia, faith-based organiza-
tions, and community-based organizations in areas that have signifi-
cant 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 fol-
lowing:
‘‘(1) PROGRAM DESIGN.—A description of the proposed pro-
gram, 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;
H. R. 2873—9
‘‘(C) the number of mentor-child matches proposed to
be established and maintained annually under the pro-
gram;
‘‘(D) such information as the Secretary may require
concerning the methods to be used to recruit, screen sup-
port, and oversee individuals participating as mentors,
(which methods shall include criminal background checks
on the individuals), and to evaluate outcomes for partici-
pating children, including information necessary to dem-
onstrate 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 imple-
menting the program, the applicant will, to the extent feasible
and appropriate—
‘‘(A) consult with public and private community enti-
ties, 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 Sec-
retary may attribute fair market value to goods, services, and
facilities contributed from non-Federal sources.