[Congressional Record Volume 147, Number 132 (Thursday, October 4, 2001)]
[Senate]
[Pages S10297-S10302]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ROCKFELLER (for himself, Mr. DeWine, Mr. Levin, Mr. Craig, 
        and Mr. Graham):
  S. 1503. A bill to extend and amend the Promoting Safe and Stable 
Families Program under subpart 2 of part B of title IV of the Social 
Security Act, to provide the Secretary of Health and Human Services 
with new authority to support programs mentoring children of 
incarcerated parents to amend the Foster Care Independent Living 
Program under part E of title IV of the Social Security Act to provide 
for educational and training vouchers for youths aging out of foster 
care, and for other purposes; to the Committee on Finance.
  Mr. ROCKEFELLER. Mr. President, I am proud to join with Senators 
DeWine Landrieu, Snowe, Breaux, Bond, and Levin to introduce bipartisan 
legislation which includes President Bush's initiative to reauthorize 
and increase funding for the Promoting Safe and Stable Families 
Program. The President's initiative increases funding to help abused 
and neglected children by $200 million. He knows this group of 
vulnerable children deserves our attention, even in this most 
challenging of times in American history. These children face their own 
form of terror in their own homes, at the hands of their own parents. 
It is a horrible circumstance that we know something about how to 
address--and address it we must.
  Our legislation also includes the President's initiative to start a 
new program to provide mentoring services to the more than 2 million 
children whose parents are in prison. These children are at high-risk 
and they too, deserve our support.
  This bill includes the President's initiative to provide $5,000 in 
education vouchers to teens who age out of foster care so they have 
incentives to continue their education. This final program suggested by 
President Bush means a great deal to me because in 1999, I worked 
closely with the late Senator John Chafee to develop a new program to 
help teenagers from the foster care system. Senator Chafee passed away 
that fall, but I was proud to work with a bipartisan group to enact the 
foster care legislation that meant so much to him. It is one important 
piece of Senator John Chafee's remarkable legacy of leadership for 
children and families.
  Senator DeWine and I added a small, but important provision to help 
adoption agencies, like Catholic Charities and others, finding 
permanent homes for children with special needs. On January 23, 2001, 
the U.S. Department of Health and Human Services issued a new policy 
announcement which changed current practice for children with special 
needs. We need a legislative clarification to ensure that children with 
special needs who are voluntarily relinquished to private, non-profit 
adoption agencies can still receive the adoption assistance they need 
and deserve.
  In the Senate, there is a long, strong tradition of bipartisanship on 
child welfare issues. Over recent years we have made real progress. In 
1993, working with Senator Bond and others we created a new program to 
invest in prevention and treatment. In 1997, another bipartisan group 
worked long and hard on the Adoption and Safe Families Act. This act 
significantly revised child welfare policy. It said for the first time 
in Federal law that a child's safety and health are paramount, and 
every child deserve a safe, permanent home. In this act, thanks to the 
leadership of Senator DeWine we clarified ``reasonable efforts'' to 
focus more concern and attention on the needs of the child.
  The Promoting Safe and Stable Families Act was part of that historic 
agreement, and it must be reauthorized this year or we will lose the 
funding that exists in the budget baseline, and, more importantly, 
children and families will lose needed services and support. The Safe 
and Stable Families Program provides a range of services including 
promoting adoptions and post-adoption support, family support to avoid 
placements and neglect, family preservation, and time-limited 
reunification for children who return home from foster care. Each is a 
necessary piece. This program is one of the major funding resources for 
adoption.
  Almost daily and far too often we read tragic stories about abuse and 
neglect in our newspapers. Such reports are disturbing and 
disheartening. But the untold story is the progress that is being made 
thanks to new policy and new investments which is why I believe so 
strongly that we must continue those investments and progress by 
enacting the President's initiative.
  In 1996, 28,000 children were adopted from the foster care system. In 
2000, nearly 50,000 were adopted from foster care.
  I am proud to report that my State of West Virginia is one of many 
States that is increasing the number of adoptions. But almost 100,000 
children nationwide are still waiting for adoption which is why the 
increase in Safe and Stable Families is crucial. With the $200 million 
increase included in our legislation, we will make the commitment to 
invest a minimum of $100 million in adoption promotion and the adoption 
support.
  Victimization rates are slowly declining. In 1993, the children 
victimization rate was 15.3 per 1,000 children. In 1999, the child 
victimization rate was 11.8 per 1,000 children. The 1999 rate is the 
lowest rate since we started collecting this data in 1990.
  In some States within a year or two, there will be more children 
receiving adoption assistance and subsidized guardianship payments than 
in the foster care system, and that is a major shift and historic 
progress towards the fundamental goal of permanency for vulnerable 
children.
  These are encouraging trends, but there are still 581,000l children 
in foster care and about one million substantiated cases of abuse or 
neglect each year. We are making progress, but we should and must do 
more for the most vulnerable children in our country.
  Since September 11, 2001, our world has changed. We face new 
challenges for recovery, national security and combating terrorism. We 
must focus on this immediate threat, but we also must remember those 
vulnerable children who are at risk of abuse and neglect in their own 
homes. The Senate has a long tradition of working hard, and doing the 
right thing, usually as one of the last orders of business to help such 
children. I urge my colleagues to join me in supporting President 
Bush's initiative. Delivering on this promise truly will help ensure 
that no children is left behind as the President eloquently insisted in 
his campaign and in his State of the Union address.
  Remembering our commitment to vulnerable children is one clear way to 
emphasize how our country is unique and strong. In the midst of 
challenge and terror, we should remember our youngest victims, too. Mr. 
President, I ask unanimous consent that the text of the bill be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1503

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; REFERENCES IN ACT; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Promoting 
     Safe and Stable Families Amendments Act of 2001''.
       (b) References in Act.--Except as otherwise specifically 
     provided, whenever in this Act an amendment is expressed in 
     terms of an amendment to or repeal of a section or other 
     provision, the reference shall be considered to be made to 
     that section or other provision of the Social Security Act.
       (c) Table of Contents.--The table of contents of this Act 
     is as follows:


[[Page S10298]]


Sec. 1. Short title; references in act; table of contents.

              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.
Sec. 106. Authorization of appropriations; reservation of certain 
              amounts.
Sec. 107. State court improvements.

         Subtitle B--Mentoring Children of Incarcerated Parents

Sec. 121. Grants for programs for mentoring children of incarcerated 
              parents.

   TITLE II--FOSTER CARE, ADOPTION ASSISTANCE, AND INDEPENDENT LIVING

Sec. 201. Elimination of opt-out provision for State requirement to 
              conduct criminal background check on prospective foster 
              or adoptive parents.
Sec. 202. Eligibility for adoption assistance payment of special needs 
              children voluntarily relinquished to private nonprofit 
              agencies.
Sec. 203. Educational and training vouchers for youths aging out of 
              foster care.

                       TITLE III--EFFECTIVE DATES

Sec. 301. Effective dates.

              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.--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 
     and children. 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 post-adoption 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 
     requirements of the Adoption and Safe Families Act of 1997.
       ``(4) To support adoptive families by providing support 
     services as necessary so that the families can make a 
     lifetime commitment to their children.''.

     SEC. 102. DEFINITION OF 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 new subsection:
       ``(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 for such fiscal year using the allotment 
     methodology specified in this section. Any amount so 
     reallotted to a State shall be deemed part of that State's 
     allotment under this section for that fiscal year.''.

     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) 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) as 
     paragraphs (1) and (2), respectively, and by adjusting the 
     left margins accordingly.
       (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.

       Section 435 (42 U.S.C. 629e) is amended--
       (1) in the heading, by inserting ``; research; technical 
     assistance'' before the period; and
       (2) by adding at the end the following new subsections:
       ``(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 post-adoption services.
       ``(2) Multidisciplinary service models designed to address 
     parental substance abuse and to reduce the impact of such 
     abuse 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.--The Secretary shall provide 
     technical assistance that helps States to--
       ``(1) identify families with specific risk characteristics 
     for intervention;
       ``(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 post-adoption 
     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) In General.--Subpart 2 of part B of title IV (42 U.S.C. 
     629 et seq.) is amended by adding at the end the following 
     new section:

     ``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 
     (other than section 438) $505,000,000 for each of fiscal 
     years 2002 through 2006.
       ``(b) Reservation of Certain Amounts.--From the amount 
     specified for each fiscal year under subsection (a), the 
     Secretary shall reserve amounts for use as follows:
       ``(1) Evaluation, research, training, and technical 
     assistance.--The Secretary shall reserve $15,000,000 for 
     fiscal year 2002, and $20,000,000 for each of fiscal years 
     2003 through 2006, for expenditure by the Secretary--
       ``(A) for research, training, and technical assistance 
     costs related to the program under this subpart (other than 
     section 438), including expenditures for research of not less 
     than $9,000,000 for fiscal year 2002, and not less than 
     $14,000,000 for each of fiscal years 2003 through 2006; 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 such State programs.
       ``(2) State court improvements.--The Secretary shall 
     reserve $20,000,000 for grants under section 437.
       ``(3) Indian tribes.--The Secretary shall reserve 2 percent 
     for allotment to Indian tribes in accordance with section 
     433(a).''.
       (b) Conforming Amendments.--Section 433 is amended--
       (1) in subsection (a), by striking ``section 430(d)(3)'' 
     and inserting ``section 436(b)(3)'';
       (2) in subsection (b)--
       (A) by striking ``section 430(b)'' and inserting ``section 
     436(a)''; and
       (B) by striking ``section 430(d)'' and inserting ``section 
     436(b)''; and
       (3) in subsection (c)--
       (A) by striking ``section 430(b)'' and inserting ``section 
     436(a)''; and
       (B) by striking ``section 430(d)'' and inserting ``section 
     436(b)''.

     SEC. 107. STATE COURT IMPROVEMENTS.

       (a) Relocation and Redesignation.--
       (1) In general.--Section 13712 of the Omnibus Budget 
     Reconciliation Act of 1993 (42 U.S.C. 670 note) is relocated 
     and redesignated as section 437 of the Social Security Act.
       (2) Conforming amendments.--Section 437, as relocated and 
     redesignated under paragraph (1), is amended--
       (A) in subsection (a)--

[[Page S10299]]

       (i) in the matter preceding paragraph (1), by striking ``of 
     title IV of the Social Security Act''; and
       (ii) in paragraph (1)(A), by striking ``of title IV of such 
     Act''; and
       (B) in subsection (c)(2), by striking ``section 430(d)(2) 
     of the Social Security Act'' and inserting ``section 
     436(b)(2)''.
       (b) Scope of Activities.--
       (1) Section 437(a)(2) (as so relocated and redesignated) is 
     amended--
       (A) by striking ``changes'' and inserting ``improvements''; 
     and
       (B) by inserting before the period ``in order to promote 
     more timely court actions that provide for the safety of 
     children in foster care and expedite the placement of such 
     children in appropriate permanent settings''.
       (2) Section 437(c)(1) (as so relocated and redesignated) is 
     amended in the matter preceding subparagraph (A) by inserting 
     ``and improvement'' after ``assessment''.
       (c) Allotments.--Section 437(c)(1) (as so relocated and 
     redesignated) is amended by striking all that follows ``shall 
     be entitled to payment,'' and inserting ``for each of fiscal 
     years 2002 through 2006, from amounts reserved pursuant to 
     section 436(b)(2), of an amount equal to the sum of $85,000 
     plus the amount described in paragraph (2) for such fiscal 
     year.''.
       (d) Federal Share.--Section 437(d) (as so relocated and 
     redesignated) is amended--
       (1) by striking the heading 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.''.

         Subtitle B--Mentoring Children of Incarcerated Parents

     SEC. 121. GRANTS FOR PROGRAMS FOR MENTORING CHILDREN OF 
                   INCARCERATED PARENTS.

       Subpart 2 of part B of title IV (42 U.S.C. 629 et seq.), as 
     amended by sections 106 and 107, is amended by adding at the 
     end the following new section:

     ``SEC. 438. GRANTS FOR PROGRAMS FOR MENTORING CHILDREN OF 
                   INCARCERATED PARENTS.

       ``(a) Findings and Purpose.--
       ``(1) Findings.--Congress makes the following 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 a Federal or State correctional facility.
       ``(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. Only 10 percent of incarcerated mothers and 2 
     percent of incarcerated fathers in State facilities report 
     that their child or children are in foster care.
       ``(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, or prior separations. As a 
     result, children of an incarcerated parent 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 local governments 
     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 incarcerated parents.
       ``(b) Definitions.--In this section:
       ``(1) Children of incarcerated parents.--The term `children 
     of incarcerated parents' means a child, 1 or both of whose 
     parents are incarcerated in a Federal or State correctional 
     facility. Such term shall be deemed to include any child who 
     is in an ongoing mentoring relationship in a program under 
     this section at the time of the release of the child's parent 
     or parents from a correctional facility, 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 amount appropriated 
     under subsection (g) for a fiscal year that remains after the 
     application of subsection (g)(2), the Secretary shall make 
     grants under this section for each of fiscal years 2002 
     through 2006 to local governments in areas that have 
     significant numbers of children of incarcerated parents and 
     that submit applications meeting the requirements of this 
     section, including--
       ``(1) two-thirds of such amount in grants in amounts of up 
     to $5,000,000 each; and
       ``(2) one-third of such amount in grants in amounts of up 
     to $10,000,000 each.
       ``(d) Application Requirements.--In order to be eligible 
     for a grant under this section, the mayor or other chief 
     executive officer of a city, council of governments, or other 
     unit of local government shall submit to the Secretary an 
     application containing the following:
       ``(1) Program design.--A description of the proposed local 
     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 such 
     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 local government 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 in the program 
     on an equal basis.
       ``(4) Supplementation assurance.--An assurance that Federal 
     funds provided to the local government under this section 
     will not be used to supplant Federal or non-Federal funds for 
     existing services and activities that promote the purpose of 
     this section.
       ``(5) Biennial program report.--An agreement that the local 
     government will submit to the Secretary, after the second 
     year of funding of a program under this section and every 
     second year thereafter, a report containing the following:
       ``(A) A description of the grant requirements used by the 
     local government to award grant funds.
       ``(B) The measurable goals and outcomes expected by the 
     programs receiving assistance under the local government 
     program (and in later reports, the extent to which such goals 
     and outcomes were achieved).
       ``(C) A description of the services provided by programs 
     receiving assistance under the local government program.
       ``(D) The number of children and families served.
       ``(E) Such other such information as the Secretary may 
     require.
       ``(6) Records, reports, and audits.--An agreement that the 
     local government 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.
       ``(7) Evaluation.--An agreement that the local government 
     will cooperate fully with the Secretary's ongoing and final 
     evaluation of the program under the plan, by means including 
     providing the Secretary with access to the program and 
     program-related records

[[Page S10300]]

     and documents, staff, and grantees receiving funding under 
     the plan.
       ``(8) Extent of local-state cooperation.--A statement as to 
     whether, and the extent to which, the State government has 
     undertaken to provide support to and to cooperate with the 
     local program.
       ``(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) 80 percent for the first fiscal year for which the 
     grant is awarded;
       ``(B) 60 percent for the second such fiscal year;
       ``(C) 40 percent for the third such fiscal year; and
       ``(D) 20 percent for each succeeding fiscal year.
       ``(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 experience, qualifications, and capacity of local 
     governments and networks of organizations to effectively 
     carry out a mentoring program under this section;
       ``(2) the comparative severity of need for mentoring 
     services in given 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 such 
     areas;
       ``(3) whether, and the extent to which, the State 
     government has undertaken to support and cooperate with the 
     local mentoring program;
       ``(4) evidence of consultation with existing youth and 
     family service programs, as appropriate; and
       ``(5) 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) Authorization of Appropriations; Reservation of 
     Certain Amounts.--
       ``(1) Authorization.--There are authorized to be 
     appropriated to carry out this section--
       ``(A) $67,000,000 for fiscal year 2002; and
       ``(B) such sums as may be necessary for each of fiscal 
     years 2003 through 2006.
       ``(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 
     carried out under this section.''.

   TITLE II--FOSTER CARE, ADOPTION ASSISTANCE, AND INDEPENDENT LIVING

     SEC. 201. ELIMINATION OF OPT-OUT PROVISION FOR STATE 
                   REQUIREMENT TO CONDUCT CRIMINAL BACKGROUND 
                   CHECK ON PROSPECTIVE FOSTER OR ADOPTIVE 
                   PARENTS.

       Section 471(a)(20) (42 U.S.C. 671(a)(20) is amended--
       (1) in subparagraph (A), by striking ``and'' at the end;
       (2) by striking ``(A) unless an election provided for in 
     subparagraph (B) is made with respect to the State,'';
       (3) by striking subparagraph (B);
       (4) by striking ``(i)'' and inserting ``(A)''; and
       (5) by striking ``(ii)'' and inserting ``(B)''.

     SEC. 202. ELIGIBILITY FOR ADOPTION ASSISTANCE PAYMENT OF 
                   SPECIAL NEEDS CHILDREN VOLUNTARILY RELINQUISHED 
                   TO PRIVATE NONPROFIT AGENCIES.

       Section 473(a)(2) (42 U.S.C. 673(a)(2)) is amended--
       (1) in subparagraph (A)(i), by striking ``either pursuant'' 
     and all that follows through ``July 16, 1996))'' and 
     inserting ``pursuant to a voluntary relinquishment to, or a 
     voluntary placement agreement with, a public or nonprofit 
     private agency,''; and
       (2) in subparagraph (B)(i), by striking ``agreement was 
     entered into'' and inserting ``relinquishment occurred, 
     agreement was entered into,''.

     SEC. 203. 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 new 
     subsection:
       ``(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 shall 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 shall be considered 
     to be youths otherwise eligible for services under the State 
     program under this section.
       ``(3) A youth participating in the voucher program on the 
     date the youth attains age 21 shall remain eligible until the 
     youth attains age 23, as long as the youth is enrolled in a 
     full-time postsecondary education or training program and is 
     making satisfactory progress toward completion of that 
     program.
       ``(4) The voucher or vouchers provided for an individual 
     under this section--
       ``(A) shall 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)(A) Subject to subparagraphs (B) and (C), the amount 
     of a voucher under this section shall be disregarded for 
     purposes of determining the recipient's eligibility for, or 
     the amount of, any other Federal or federally supported 
     assistance.
       ``(B) 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.
       ``(C) The State agency shall take appropriate steps to 
     prevent duplication of benefits under this and other Federal 
     or federally supported programs.
       ``(6) The program shall be 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 new 
     subparagraph:
       ``(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)(B); and
       ``(ii) to avoid duplication of benefits under this and any 
     other Federal or federally supported benefit program in 
     accordance with subsection (i)(5)(C).''.
       (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 shall be available 
     for payments to States for education and training vouchers 
     for youths who age out of foster care, to assist such 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)''; and
       (B) by striking ``which bears the same ratio and all that 
     follows through the period'' and inserting ``which bears the 
     ratio 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 specified 
     in subsection (h)(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 that bears the 
     ratio to such amount equal to the State foster care ratio.
       ``(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 in the State in the most recent 
     fiscal year for which such information is available to the 
     total number of children in foster care in all States for 
     such most recent fiscal year.''.
       (f) Payments to States.--Section 474(a)(4) (42 U.S.C. 
     674(a)(4)) is amended to read as follows:
       ``(4) an amount equal to--
       ``(A) with respect to amounts for expenditures in 
     accordance with the State application approved under section 
     477(b) (including any amounts expended in accordance with an 
     amendment that meets the requirements of section 477(b)(5)), 
     the sum of--
       ``(i) the lesser of--

       ``(I) 80 percent of the amounts expended by the State 
     during the quarter to carry out programs for the purposes 
     described in subsection (h)(1); 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 such purposes for all prior quarters 
     in the fiscal year; and

       ``(ii) the lesser of--

       ``(I) 80 percent of the amounts expended by the State 
     during the quarter to carry out programs for the purposes 
     described in subsection (h)(2); or

[[Page S10301]]

       ``(II) the amount 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 paragraph for such purposes for all prior quarters 
     in the fiscal year;

     reduced by
       ``(B) the total amount of any penalties assessed against 
     the State under section 477(e) for such fiscal year.''.

                       TITLE III--EFFECTIVE DATES

     SEC. 301. EFFECTIVE DATES.

       (a) In General.--Subject to subsections (b), (c), and (d), 
     the amendments made by this Act take effect October 1, 2001.
       (b) Elimination of Opt-Out Provision for Criminal 
     Background Checks.--Subject to subsection (d), the amendments 
     made by section 201 take effect on the date of enactment of 
     this Act.
       (c) Eligibility for Adoption Assistance Payment of Special 
     Needs Children Voluntarily Relinquished to Private Nonprofit 
     Agencies.--Subject to subsection (d), the amendments made by 
     section 202 shall be effective with respect to children 
     voluntarily relinquished to, or the subject of a voluntary 
     placement agreement with, a public or nonprofit private 
     agency on or after the date that is 90 days after the date of 
     enactment of this Act.
       (d) 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 (42 U.S.C. 629 et seq.; 670 et seq.) 
     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 made by 
     this Act, the State plan shall not be regarded as failing to 
     comply with the requirements of such subpart or part solely 
     on the basis of the failure of the plan to meet such 
     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 enactment of this Act. For purposes of the 
     previous sentence, in the case of a State that has a 2-year 
     legislative session, each year of such session shall be 
     deemed to be a separate regular session of the State 
     legislature.

  Mr. DeWINE. Mr. President, I rise today with my friend and colleague, 
Senator Rockefeller, to introduce the ``Promoting Safe and Stable 
Families'' bill. This legislation reauthorizes four programs designed 
to help child welfare agencies establish and maintain permanency by 
providing grants to States and Indian tribes. The bill also includes 
programs that the President has proposed, which have my utmost support, 
as well as a technical correction that Senator Rockefeller and I have 
proposed to ensure that special needs children continue to be eligible 
for adoption assistance.
  It would be impossible for me to talk about the challenges facing 
children and the agencies dedicated to protecting them, without saying 
a few brief words about the recent terrorist bombings in New York and 
Washington. Following those tragic events, we awoke to a whole new 
world, a world forever changed by a faceless, cowardly band of 
terrorists, a world filled with sorrow at the senseless, needless 
injury and loss of countless members of our American family.
  Though it is going to take time to eradicate the terrorist enemy, I 
am confident that our efforts will bring about peace and security both 
here at home and across that globe. Ultimately, our efforts to protect 
the Nation is about the future of our children and grandchildren. And 
so, we must do all we can to protect them and give them a world that is 
safe and secure.
  In creating that kind of a world, we have to realize that there are 
thousands of children in this Nation right now who don't live in safe 
and secure environments, children who have only one parent or no 
parents at all, as sadly is now the case for many of the children who 
lost parents in the terrorist attacks.
  Far too many children in our country are at risk, not because of the 
terrorist threat, but because they are neglected or abused by parents 
or because they are trapped in the legal limbo that is our child 
welfare system. Because of this, we have an obligation to these 
children. We have an obligation to protect these innocent lives.
  With the bill we are introducing today, we are taking a big step 
toward meeting that obligation. By reauthorizing and improving the Safe 
and Stable Families program, we can help strengthen families and ensure 
the safety of vulnerable children. The funding provided to the States 
through this legislation is used for four categories of services: 
family preservation, community-based family support, time-limited 
family reunification, and adoption promotion and support. These 
services are designed to prevent child abuse and neglect in communities 
at risk, avoid the removal of children from their homes, and support 
timely reunification or adoption.
  Our bill reauthorizes the only program that provides funding for 
post-adoption services. With a 30-percent increase in the number of 
adoptions since the implementation of the Adoption and Safe Families 
Act, funding for adoption promotion and support services is especially 
vital. These services are necessary to ensure that adoptions are not 
disrupted, which risks further traumatizing a child.
  Our bill also amends the Foster Care Independent Living Program to 
extend the eligibility age from 21 to 23, so that children aging out of 
foster care can qualify for educational and training vouchers. 
Currently, too many of the 16,000 children youth who age out of foster 
care are not able to pursue educational or vocational training because 
they just don't have the money. This provision helps these young people 
get the education and career training they need and deserve.
  The bill doubles the funding for the Court Improvement Program, CIP, 
and reauthorizes it through 2006. The CIP program provides grants to 
the States to develop a system of more timely court actions that 
provides for the safety of children in foster care and expedites the 
placement of such children in appropriate permanent settings. This 
money helps ensure that state courts have the resources necessary to 
stay in compliance with the Adoption and Safe Families Act. In my own 
home State of Ohio, this money has been used to develop and implement 
an attorney certification program in family law. Additionally, the CIP 
money has been used to implement the Court Appointed Special Advocate, 
CASA, program throughout Ohio and to implement five pilot programs that 
uniquely address family law issues.

  Also, Senator Rockefeller and I have added a technical correction to 
the bill that would clarify how Adoption Assistance Payments are 
distributed. Prior to January 23, 2001, title IV-E Adoption Assistance 
Payments were available to parents adopting children who met three 
special needs criteria, regardless of whether a child was placed by a 
private agency or the State foster care system. Unfortunately, some 
private agencies were using only one of the three special needs 
criteria to access payments for these adoptive families.
  The January 23rd Adoption Assistance decision draws a distinction 
between private and State foster care systems to prevent the misuse of 
funds. However, the decision has had the unintended consequence of 
adversely affecting agencies like Catholic Charities and their ability 
to provide adoptive families with payments. Our correction focuses on 
the children, not the placement agency, by making special needs 
children adopted through voluntary relinquishment eligible for adoption 
assistance payments.
  I am particularly pleased with some of the President's new 
initiatives authorized in our bill. For example, the President has 
proposed that the Department of Health and Human Services be authorized 
to provide competitive grants to support mentoring programs for 
children of incarcerated parents. With more than 2 million children 
with incarcerated parents, this program would provide valuable outreach 
to this vulnerable group of children.
  I would like to conclude my remarks by drawing my colleagues' 
attention to a recent Washington Post series on the dire state of the 
District of Columbia's child welfare system. This series outlines 
multiple mistakes made by the Government by placing children in unsafe 
homes or institutions. Unfortunately, these same mistakes occur in the 
child welfare system throughout our country. Here in Washington, these 
mistakes resulted in over 180 deaths of children in foster care since 
1993, 40 of whom died as a direct result of government workers' failure 
to take key preventative actions or because they placed children in 
unsafe homes or institutions.
  The bill we are introducing today will help make sure that these 
kinds of mistakes are never repeated. The Senate has a tradition of 
helping our most vulnerable children, and so I urge my

[[Page S10302]]

colleagues to join us in supporting the Reauthorization of Promoting 
Safe and Stable Families. It is the right thing to do.
                                 ______