House Report 107-281 - PROMOTING SAFE AND STABLE FAMILIES AMENDMENTS OF 2001

[House Report 107-281]
[From the U.S. Government Publishing Office]

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
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.
``(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.--
``(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:

``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
(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.
``(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, andscreening 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 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 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.''.
(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 incompliance 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 payable 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 Secretary 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 time-
limited 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 increase 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 Stable 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.
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.

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 allotmentminus the amount
paid to the State for program plan development.

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 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: familypreservation 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 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 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.

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-on-one 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.

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
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.

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

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).

----------------------------------------------------------------------------------------------------------------
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 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-as-you-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.

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

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

[(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 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).
[(b) Description of Amounts.--The amount described in this
subsection is--
[(1) for fiscal year 1994, $60,000,000;
[(2) for fiscal year 1995, $150,000,000;
[(3) for fiscal year 1996, $225,000,000;
[(4) for fiscal year 1997, $240,000,000;
[(5) for fiscal year 1998, the greater of--
[(A) $255,000,000; or
[(B) the amount described in this subsection
for fiscal year 1997, increased by the
inflation percentage applicable to fiscal year
1998;
[(6) for fiscal year 1999, $275,000,000;
[(7) for fiscal year 2000, $295,000,000; and
[(8) for fiscal year 2001, $305,000,000.
[(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--
[(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
[(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.
[(d) Reservation of Certain Amounts.--
[(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--
[(A) for research, training, and technical
assistance related to the program under this
subpart; and
[(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.
[(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.
[(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:
(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); [and]
(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 nutrition[.]; and
(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 [430(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
[430(b)] 436(a) for any fiscal year that remains after applying
section [430(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
[430(b)] 436(a) for any fiscal year that remains after
applying section [430(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.

[(a) Entitlement.--
[(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--
[(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
[(B)] (2) the allotment of the State under section
433 for the fiscal year.
[(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--
[(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
[(B) an amount equal to the lesser of--
[(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
[(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 [paragraph
(1) or (2)(B) of] subsection (a) may not expend any
Federal funds to meet the costs of services [described
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 [subsection (a)(1)] subsection
(a) for any fiscal year after the end of the
immediately succeeding fiscal year.

* * * * * * *

[SEC. 435. EVALUATIONS.

[(a) Evaluations.--
[(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 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).

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. 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 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,
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.
(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 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 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) * * *

* * * * * * *

[(4) the lesser of--
[(A) 80 percent of the amount (if any) by
which--
[(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
[(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
[(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
(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 Secretarymay
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;
[and]
(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 adulthood[.]; 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
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.--
[(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 [which bears the same ratio] which bears the
ratio to such remaining amount [as 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), [there 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 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

[SEC. 13712. 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 of title IV of
the Social Security Act, 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 of title IV
of such Act;
[(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 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 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--
[(A) for fiscal year 1995, $75,000 plus the
amount described in paragraph (2) for fiscal
year 1995; and
[(B) for each of fiscal years 1996 through
2001, $85,000 plus the amount described in
paragraph (2) for each of such fiscal years.
[(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).
[(d) Use of Grant Funds.--Each highest State court which
receives funds paid under this section may use such funds to
pay--
[(1) any or all costs of activities under this
section in fiscal year 1995; and
[(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.]

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.
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, post-adoption 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.