[Congressional Record Volume 147, Number 156 (Tuesday, November 13, 2001)]
[House]
[Pages H8088-H8094]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROMOTING SAFE AND STABLE FAMILIES AMENDMENTS OF 2001
Mr. HERGER. Mr. Speaker, I move to suspend the rules and pass 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, as amended.
The Clerk read as follows:
H. R. 2973
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Safe and Stable
Families Amendments of 2001''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
TITLE I--PROMOTING SAFE AND STABLE FAMILIES
Subtitle A--Grants to States for Promoting Safe and Stable Families
Sec. 101. Findings and purpose.
Sec. 102. Definition of family support services.
Sec. 103. Reallotments.
Sec. 104. Payments to States.
Sec. 105. Evaluations, research, and technical assistance.
Sec. 106. Authorization of appropriations; reservation of certain
amounts.
Sec. 107. State court improvements.
Subtitle B--Mentoring Children of Prisoners
Sec. 121. Program authorized.
TITLE II--FOSTER CARE AND INDEPENDENT LIVING
Sec. 201. Educational and training vouchers for youths aging out of
foster care.
Sec. 202. Reallocation and extension of funds.
TITLE III--EFFECTIVE DATE
Sec. 301. Effective date.
SEC. 3. REFERENCES.
Except as otherwise specified in this Act, an amendment
made by this Act to a section or other provision shall be
considered an amendment to the section or other provision of
the Social 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
[[Page H8089]]
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.
[[Page H8090]]
``(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, 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
[[Page H8091]]
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.''.
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 in compliance with the conditions
specified in subsection (i), including a statement describing
methods the State will use--
``(i) to ensure that the total amount of educational
assistance to a youth under this section and under other
Federal and Federally supported programs does not exceed the
limitation specified in subsection (i)(5); and
``(ii) to avoid duplication of benefits under this and any
other Federal or Federally assisted benefit program.''.
(d) Increased Authorizations of Appropriations.--Section
477(h) (42 U.S.C. 677(h)) is amended by striking ``there are
authorized'' and all that follows and inserting the
following: ``there are authorized to be appropriated to the
Secretary for each fiscal year--
``(1) $140,000,000, which shall be available for all
purposes under this section; and
``(2) an additional $60,000,000, which are authorized to be
available for payments to States for education and training
vouchers for youths who age out of foster care, to assist the
youths to develop skills necessary to lead independent and
productive lives.''.
(e) Allotments to States.--Section 477(c) (42 U.S.C.
677(c)) is amended--
(1) in paragraph (1)--
(A) by striking ``(1) In general.--From the amount
specified in subsection (h)'' and inserting ``(1) General
program allotment.--From the amount specified in subsection
(h)(1)'';
(B) by striking ``which bears the same ratio'' and
inserting ``which bears the ratio''; and
(C) by striking ``as the number of children in foster
care'' and all that follows and inserting ``equal to the
State foster care ratio, as adjusted in accordance with
paragraph (2).''; and
(2) by adding at the end the following new paragraphs:
``(3) Voucher program allotment.--From the amount, if any,
appropriated pursuant to subsection (h)(2) for a fiscal year,
the Secretary may allot to each State with an application
approved under subsection (b) for the fiscal year an amount
equal to the State foster care ratio multiplied by the amount
so specified.
``(4) State foster care ratio.--In this subsection, the
term `State foster care ratio' means the ratio of the number
of children in foster care under a program of the State in
the most recent fiscal year for which the information is
available to the total number of children in foster care in
all States for the most recent fiscal year.''.
(f) Payments to States.--
(1) In general.--Section 474(a)(4) (42 U.S.C. 674(a)(4)) is
amended to read as follows:
``(4) an amount equal to the amount (if any) by which--
``(A) the lesser of--
``(i) 80 percent of the amounts expended by the State
during the fiscal year in which the quarter occurs to carry
out programs in accordance with the State application
approved under section 477(b) for the period in which the
quarter occurs (including any amendment that meets the
requirements of section 477(b)(5)); or
``(ii) the amount allotted to the State under section
477(c)(1) for the fiscal year in which the quarter occurs,
reduced by the total of the amounts payable to the State
under this paragraph for all prior quarters in the fiscal
year; exceeds
``(B) the total amount of any penalties assessed against
the State under section 477(e) during the fiscal year in
which the quarter occurs.''.
(2) Discretionary grants.--Section 474 (42 U.S.C. 674) is
amended by adding at the end the following:
``(e) Discretionary Grants for Educational and Training
Vouchers for Youths Aging out of Foster Care.--From amounts
appropriated pursuant to section 477(h)(2), the Secretary may
make a grant to a State with a plan approved under this part,
for a calendar quarter, in an amount equal to the lesser of--
``(1) 80 percent of the amounts expended by the State
during the quarter to carry out programs for the purposes
described in section 477(a)(6); or
``(2) the amount, if any, allotted to the State under
section 477(c)(3) for the fiscal year in which the quarter
occurs, reduced by the total of the amounts 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.
The SPEAKER pro tempore (Mr. Otter). Pursuant to the rule, the
gentleman from California (Mr. Herger) and the gentleman from Maryland
(Mr. Cardin) each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Herger).
Mr. HERGER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, it is with great pleasure that I bring to the floor
today H.R. 2873, the Promoting Safe and Stable Families Amendments of
2001.
This legislation reauthorizes and increases by a total of $1 billion
over 5 years Federal support for a broad range of services to support
fragile families and prevent abuse and neglect of our Nation's
children.
[[Page H8092]]
This legislation was first proposed by President Bush, and I am
pleased that the version before us today authorizes the full amount of
new funding the President sought.
As we work to reauthorize the promoting safe and stable families
program, I have had the great fortune of meeting courageous people who
share their love and their homes by adopting children with special
needs.
I learned stories of personal triumph from young people thriving
after a lifetime of bouncing from home to home in the foster care
system.
I also learned of many of our colleagues here in the Congress who
have opened their homes to foster and adopted children, and how their
lives are better because of it.
{time} 1915
In these times of national uncertainty, I am pleased to report that
recent legislation changes, designed to better support abused and
neglected children, are working. For example, since the signing of the
Adoption and Safe Families Act of 1997, more than 133,000 children have
been adopted from foster care. That is a 56 percent increase over the
previous 3-year period.
Mr. Speaker, I include for the Record a recent Washington Post
article describing how adoptions in Maryland and Virginia increased by
84 percent over the last 5 years.
The text of the article is as follows:
[From the Region, Sat., November 3, 2001]
Md., Va. Foster-Care Adoptions Up
rise in funding, change in federal law credited for increase
(By Michael E. Ruane)
Maryland and Virginia officials yesterday announced
substantial increases in the number of children who have been
adopted from foster care over the last five years.
Maryland's Department of Human resources said there had
been a 23 percent increase in the number of foster-care
adoptions in the last year, and an 84 percent increase over
the last five years.
Maryland officials said 852 children were adopted from
foster care in fiscal 2001, an increase of 161 over the
previous year.
This year's adoptions were almost double the state's 462
foster-care adoptions in 1996. The announcement was made to
coincide with National Adoption Awareness Month this month.
Virginia said its foster-care adoptions rose from 291 in
1997 to 592 in 2001. Figures could not be obtained yesterday
from the District.
The most dramatic increase in Maryland was in Baltimore,
the officials said, where 514 adoptions were finalized this
year, compared with 160 five years ago.
``These are good trends for us,'' said Stephanie Johnson
Pettaway, adoption manager with the Maryland Human Resources'
social services administration.
Officials from both states credited the federal Adoption
and Safe Families Act of 1997 for much of the increases.
``This law has allowed more flexibility to improve adoption
rates,'' said Charles Ingram, spokesman for the Virginia
Department of Social Services. ``We've put a great effort
into this.''
The act has also provided more money for the adoption
process.
``That act mandated that some of the monies that went to
states for foster care and child welfare services . . . be
given to the states to be used specifically to increase and
encourage the number of adoptions,'' Pettaway said.
``The money then helped to fuel some of the programs that
we needed to do to move adoptions,'' she said. Among other
things, it helped pay private agencies that recruited
adoptive parents and performed home studies, she said.
But adopting parents also played a vital role. Pettaway
said she believes that lately there has been a renewed public
interest in families, and a recognition that many children
lack a family. She said there are also increasing numbers of
parents who have already raised their children but still have
the energy and the love to raise more.
``It's a fantastic feeling to just know that you've opened
your home to some little folks,'' said Margurite Addison, 56,
Pikesville, who, with her husband, William, 53, has adopted
three foster children and is in the process of adopting a
fourth. ``How can you not open your home? ''
``This is love that you can see every day,'' she said,
noting that she and her husband have raised six children of
their own. ``It's a feeling that only an adoptive parent
can'' explain.
As the article states, ``Officials from both States credited the
Federal Adoption and Safe Families Act of 1997 for much of the
increases.'' We have reason to be proud of the success of 1997 law and
we must build on this momentum. That is what H.R. 2873 does.
Our legislation also authorizes two bipartisan priority initiatives
sought by the President: first, a new mentoring program for the
children of prisoners; and second, new education vouchers worth up to
$5,000 per youth aging out of foster care. President Bush is to be
commended for his vision in proposing such important and promising new
initiatives.
Mr. Speaker, I also would like to thank my colleagues on the
Committee on Ways and Means for their support in moving this
legislation forward, that includes the gentleman from Maryland (Mr.
Cardin), the ranking member on the Subcommittee on Human Resources, who
first joined me in introducing H.R. 2873 in September. I also thank my
fellow Republican subcommittee members including the gentlewoman from
Connecticut (Mrs. Johnson), the gentleman from Oklahoma (Mr. Watkins),
the gentleman from Michigan (Mr. Camp) and the gentleman from
Pennsylvania (Mr. English), among many others who have taken a personal
interest in moving this legislation forward.
But most of all, I commend the families and social service providers
who work every day to protect children from harm and to provide loving
and permanent homes for children. Their personal commitment to these
children means more than any government program. It is my hope that
passing this legislation today would serve to recognize the importance
of their efforts and demonstrate our resolve to further strengthen
families in the years to come.
Mr. Speaker, I reserve the balance of my time.
Mr. CARDIN. Mr. Speaker, I yield myself such time as I may consume.
(Mr. CARDIN asked and was given permission to revise and extend his
remarks.)
Mr. CARDIN. Mr. Speaker, first let me thank the gentleman from
California (Mr. Herger) for his leadership on these issues and for
bringing forward this legislation. The two of us have worked together
in a bipartisan spirit in order to move legislation that is important
for America's families.
Promoting Safe and Stable Families is a very important program. It
deals with the most vulnerable families that we have in our community.
These are children at risk, at risk of being put into foster care. This
program has enjoyed strong bipartisan support because it protects the
family unit; it protects our most vulnerable children.
I support this suspension, this bill, because we have already seen a
6-week expiration of this program. This program expired at the
beginning of the fiscal year, and if we do not reauthorize it, the
States would see an immediate reduction of Federal funds dedicated to
these very important programs, including case worker oversight,
substance abuse treatment, mental health services, respite care,
domestic violence assistance and other related services.
Mr. Speaker, though I must express my real disappointment that this
legislation does not include the full requests requested by President
Bush and included in the budget resolution that was passed by the
Congress, we had approved an additional $200 million a year for the
next 5 years in the Safe and Stable Families Program, the legislation
we are considering this evening does not provide for that $200 million
increase.
As the gentleman from California (Mr. Herger) properly pointed out,
we authorize, but we do not include it under the basic guarantee to our
States. That is not adequate.
I might say, on the tuition vouchers for children in foster care, the
President also requested that we provide those funds. It was included
in the budget, and we are not including it in the legislation before
us. That is very unfortunate. We are talking about children who will
not receive the services as a result of these additional funds not
being made available. We estimate in 2002 alone 76,000 families would
have benefited from that extra $200 million that will not be made
available.
The gentleman from California (Mr. Herger) also points out that we
have authorized additional money. The problem is, our appropriators
have already acted and they have only provided $70 million of the
additional $327 million that the President requested. We had the
ability in this legislation to make sure those funds were available and
it was provided for in our budget resolution. We have should have done
better.
There are some that say we can no longer afford this because of the
September 11 tragedies. We do not want
[[Page H8093]]
the terrorists to win. The terrorists should not prevent us from taking
care of our families. We have already passed in this body legislation
that would spend during this period $150 billion, primarily on tax
relief. Cannot we afford, Mr. Speaker, another $1 billion for our
children?
So although I support this legislation, it is important that we
authorize the program, it is important that the funding continue to our
local governments to provide these services. We should have done
better. We should have done what the President asked us to do and with
what our own budget resolution would have provided.
I hope, as this legislation make its way through the other body, that
we will find the resolve to include the extra monies as a mandatory
expenditure, as requested by the President, and that we can in fact
live up to our commitment to America's families.
Mr. Speaker, I reserve the balance of my time.
Mr. HERGER. Mr. Speaker, I would like to mention that we have
authorized an increase for $1 billion over 5 years. The appropriators
have already appropriated an additional $70 million dollars for this
year; that is an increase that is larger than the last 4 years put
together. So I do believe we are putting the dollars forward to ensure
that these very important programs are funded.
Mr. Speaker, I yield 3 minutes to the gentlewoman from Pennsylvania,
Ms. Hart.
Ms. HART. Mr. Speaker, how can we forget the story of the teenager in
New Jersey who delivered a baby in a restroom, abandoned the child in a
trash can and returned to her high school prom? Or perhaps you recall
the new story of an infant discovered in a back yard and the infant was
mauled by a hungry dog. In fact, in my district alone, three abandoned
infants have been found this year, including one this last week.
Fortunately, he was found alive and is recovering.
The Safe and Stable Families amendments include money to help inform
young women that there are safe havens available. There are
opportunities for them to avoid this tragedy, the death of an infant.
It is impossible to know the exact number of infants who are abandoned
each year, but media accounts remind us that this is a growing problem
nationwide. Between 1991 and 1998, for example, the number of abandoned
babies discovered nationwide almost doubled.
These young women are often scared and they hide their pregnancies
out of this fear, and then they abandon their children, hoping someone
will find them; or just abandon them out of fear, not thinking clearly.
But in response to this problem many States, in fact 30, beginning with
the State of Texas, enacted Safe Haven laws. These laws provide for an
alternative for these young women, that they can leave their children
somewhere safe, whether it is a hospital or police station, without
being prosecuted for abandonment.
This legislation throughout these States saves two lives. It saves
the baby, Mr. Speaker, and also the young woman who is afraid and alone
and not thinking clearly.
As of last week, as I mentioned, a total of 30 States have passed
Safe Haven Laws as well, but many are considering Safe Haven laws as
well. We must help on the Federal level to prevent this tragedy of
newborn babies being abandoned or killed. Safe Haven laws encourage
responsible behavior by these women, but these young women will not
take advantage of them if they are not aware of them.
The Promoting Safe and Stable Families amendments allow the State to
use some of their block grant money to help solve the problem of infant
abandonment. This amendment would allow these States to use their block
grants to fund public information campaigns and provide education and
training to assist the States as they implement these new laws. This is
similar to my legislation, H.R. 2018, the Safe Haven Support Act which
has 76 co-sponsors of both parties.
Mr. Speaker, I commend the gentleman from California (Mr. Herger) and
the members of the committee for their work on this important issue,
because it means, again, saving the baby's life but also saving the
life of a young mother.
Mr. CARDIN. Mr. Speaker, I reserve the balance of my time.
Mr. HERGER. Mr. Speaker, I yield 3 minutes to the distinguished
gentleman from Pennsylvania (Mr. English), a member of the
subcommittee.
Mr. ENGLISH. Mr. Speaker, I thank the gentleman for yielding me time.
I especially want it thank the chairman of the subcommittee for his
extraordinary efforts to move this legislation forward.
Mr. Speaker, President Kennedy once said, ``Every American ought to
have the right to be treated as he would wish to be treated, as one
would wish his children to be treated.'' That is not the case.
Mr. Speaker, across the United States thousands of children each day
are abused and neglected. According to the most recent statistics,
826,000 children were the victims of neglect and abuse in 1999. That
works out to about 12 children out of every 1,000. In Pennsylvania
alone, more than 5,000 children each year are the victims of
significant negligence or abuse.
If you think about it, that is a cumulative burden to our society
that is truly massive. It is a massive cumulative burden with
multiplying social problems and costs.
Mr. Speaker, I know this is not how we wish to be treated, let alone
how we wish our children to be treated.
The Safe and Stable Families Act of 2001 authorizes funding to
protect the Nation's children from that abuse with funding rising from
$305 million to $505 million. Under this plan, Pennsylvania will
receive at least $13.6 million to support vital programs that give
children a safe start, enhancing preventive services for families in
crisis, as well as family reunification and adoption promotion service.
This legislation provides States with the tools that they need to
preserve and support families, promote adoption and provide overall
support for children. This legislation is critical because it shows
that Congress is committed to ensuring that all children live in safe,
permanent and loving homes.
Through this legislation we also create a Federal program that will
allow local governments to reach out to the children of prisoners,
developing outreach or mentoring programs. This bill works to ensure
the safety and welfare of children while strengthening and preserving
the family.
Mr. Speaker, I urge my colleagues to join me in supporting this bill
so that every child, regardless of race, religion or socioeconomic
status, has a safe place to call home, a stable family life and the
opportunity to achieve the American dream.
Mr. COLLINS. Mr. Speaker, I thank Chairman Bill Thomas and
Subcommittee Chairman Wally Herger for their effort on this important
legislation, the Promoting Safe and Stable Families Amendments of 2001
(H.R. 2873)
H.R. 2873 reauthorizes the Promoting Safe and Stable Families
program, which is the primary federal resource to prevent child abuse
and neglect. This legislation takes important steps to help strengthen
parental relationships and promote healthy marriages. It is for this
reason that I offer my strong support for this important legislation.
I support H.R. 2873 because it recognizes the importance of a loving
and stable family in the life of a child. While many Americans, such as
myself, have been blessed to grow up in loving families, there are too
many that do not have such a family. Recognizing this fact and the need
for a loving, nurturing and disciplined home in the life of a child,
Truett Cathy, the founder and CEO of Chik-Fil-A restaurants,
established WinShape Homes in 1987.
Mr. Cathy started WinShape Homes to provide a loving, nurturing home
for those children who are victims of circumstances and need a stable,
secure family environment in which to grow and mature. Since 1987,
WinShape Homes have served over 250 children. Currently, there are
approximately 125 children in WinShape's eleven homes. These homes
strive to meet all the physical, emotional, and spiritual needs of the
children, and they stress character building, manners, proper dress,
and hygiene. WinShape accepts boys and girls ages 6-16 regardless of
race, culture, or religion. While WinShape Homes cannot adopt the
children in their care, these homes function as loving and stable
families for these children. A person never graduates from WinShape,
even after marriage. Simply put, a WinShape family member is a family
member for life.
Mr. Speaker, while I support this legislation and its goals, I am
concerned about a related
[[Page H8094]]
issue resulting from the Adoption and Safe Families Act of 1997 (ASFA)
and the unintended consequences it could have on some children,
particularly those who have found a loving home at WinShape.
Rightfully, ASFA seeks to end the ``foster care drift'' that results
when children are abused or neglected by their birth parents by placing
these children in loving, adoptive homes. In this regard, ASFA has
enjoyed great success. Unfortunately, ASFA's provisions do not
adequately address the unique situation found in the families at
WinShape Homes.
The problem for places like WinShape has resulted from ASFA's
structure which pits family reunification against adoption. Under ASFA,
states are required to hold ``permanency'' hearings no later than 12
months after placement in foster care to determine whether parental
unification with the child or termination of parental rights should
take place. Because WinShape Homes cannot adopt children, children at
WinShape Homes may face these ``termination proceedings.'' As a result,
a child could potentially be removed from the loving family at WinShape
and placed in an entirely new family environment. In addition, while
WinShape places a priority on maintaining sibling relationships, such
termination proceedings may result in breaking this family bond and
separating one sibling from the others through the adoptive process.
Mr. Speaker, as this important work to place children in loving,
stable homes continues, I ask that the Members of this House examine
these provisions regarding ``termination proceedings'' and permanent
living arrangements, such as WinShape Homes, that provide a loving and
stable home for so many children. In so doing, the House will only
improve on the success of the Adoption and Safe Families Act.
Once again, I thank both Chairman Thomas and Chairman Herger for
their work to promote safe and stable families for our children. I look
forward to working with them, the House Leadership and all of my
colleagues in this House to ensure that more American children grow up
in loving and stable families.
Mr. PORTMAN. Mr. Speaker, I rise today in support of H.R. 2873, the
Safe and Stable Families Amendments of 2001. This legislation will
increase funding for important programs that protect our nation's
children from abuse and neglect. In addition to increasing funding for
existing programs, this bill will also create a new program to provide
mentoring services for the children of prisoners, and to provide
educational opportunities for youth, aging out of foster care.
I especially appreciate the commitment Congress is showing to these
programs because I've witnessed the success of these programs
firsthand. My district is fortunate to be home to Beech Acres, a
community-based organization that provides highly-tailored services to
over 17,000 children and families per year. Jim Mason, the President of
Beech Acres, has been a leader in pioneering creative programs for
parenting.
At Beech Acres, Jim established an innovative Educational Advocacy
Center for children to help provide those who have been abused, are in
foster care, or have special challenges with the continuity and support
that they need. The funds authorized in this bill will be helpful to
Beech Acres.
I'm also pleased that the Infant Safe Haven programs was added as an
allowable activity within the Safe and Stable Families program. I know
that my colleague from California, Representative Herger, has been
working with Representative Melissa Hart to find a way to address the
problem of parents who want to relinquish their new born children, and
I appreciate their hard work.
This legislation will help make critical improvements in our nation's
child protection services. Too often, these children have been
neglected first by their parents, and then by society. With this bill,
we are continuing our commitment to give these children the support and
attention they deserve. I encourage all my colleagues to support its
passage.
Mr. CARDIN. Mr. Speaker, I yield back the balance of my time.
Mr. HERGER. Mr. Speaker, I urge support for H.R. 2873, as amended.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Herger) that the House suspend the rules
and pass the bill, H.R. 2873, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________