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



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    107-281

======================================================================



 
         PROMOTING SAFE AND STABLE FAMILIES AMENDMENTS OF 2001

                                _______
                                

 November 13, 2001.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

    Mr. Thomas, from the Committee on Ways and Means, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 2873]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Ways and Means, to whom was referred the 
bill (H.R. 2873) to extend and amend the program entitled 
Promoting Safe and Stable Families under title IV-B, subpart 2 
of the Social Security Act, and to provide new authority to 
support programs for mentoring children of incarcerated 
parents; to amend the Foster Care Independent Living program 
under title IV-E of that Act to provide for educational and 
training vouchers for youths aging out of foster care, and for 
other purposes, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
  I. Introduction....................................................10
        A. Purpose and Scope.....................................    10
        B. Background and Need for Legislation...................    11
        C. Legislative History...................................    12
 II. Explanation of Provisions.......................................13
III. Votes of The Committee..........................................22
 IV. Budget Effects of The Bill......................................23
        A. Committee Estimate of Budgetary Effects...............    23
        B. Statement Regarding New Budget Authority and Tax 
            Expenditures.........................................    23
        C. Cost Estimate Prepared by The Congressional Budget 
            Office...............................................    24
  V. Other Matters Required to Be Discussed Under The Rules of The 
     House...........................................................26
        A. Committee Oversight Findings and Recommendations......    26
        B. Summary of General Performance Goals and Objectives...    27
        C. Constitutional Authority Statement....................    27
        D. Information Related to Unfunded Mandates..............    27
 VI. Changes in Existing Laws Made by The Bill, as Reported..........27
VII. Additional Views................................................43

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Promoting Safe and Stable Families 
Amendments of 2001''.

SEC. 2. TABLE OF CONTENTS.

  The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.

              TITLE I--PROMOTING SAFE AND STABLE FAMILIES

  Subtitle A--Grants to States for Promoting Safe and Stable Families

Sec. 101. Findings and purpose.
Sec. 102. Definition of family support services.
Sec. 103. Reallotments.
Sec. 104. Payments to States.
Sec. 105. Evaluations, research, and technical assistance.
Sec. 106. Authorization of appropriations; reservation of certain 
amounts.
Sec. 107. State court improvements.

              Subtitle B--Mentoring Children of Prisoners

Sec. 121. Program authorized.

              TITLE II--FOSTER CARE AND INDEPENDENT LIVING

Sec. 201. Educational and training vouchers for youths aging out of 
foster care.
Sec. 202. Reallocation and extension of funds.

                       TITLE III--EFFECTIVE DATE

Sec. 301. Effective date.

SEC. 3. REFERENCES.

  Except as otherwise specified in this Act, an amendment made by this 
Act to a section or other provision shall be considered an amendment to 
the section or other provision of the Social Security Act.

              TITLE I--PROMOTING SAFE AND STABLE FAMILIES

  Subtitle A--Grants to States for Promoting Safe and Stable Families

SEC. 101. FINDINGS AND PURPOSE.

  Section 430 (42 U.S.C. 629) is amended to read as follows:

``SEC. 430. FINDINGS AND PURPOSE.

  ``(a) Findings.--The Congress finds that there is a continuing urgent 
need to protect children and to strengthen families as demonstrated by 
the following:
          ``(1) Family support programs directed at specific vulnerable 
        populations have had positive effects on parents, children, or 
        both. The vulnerable populations for which programs have been 
        shown to be effective include teenage mothers with very young 
        children and families that have children with special needs.
          ``(2) Family preservation programs have been shown to provide 
        extensive and intensive services to families in crisis.
          ``(3) The time lines established by the Adoption and Safe 
        Families Act of 1997 have made the prompt availability of 
        services to address family problems (and in particular the 
        prompt availability of appropriate services and treatment 
        addressing substance abuse) an important factor in successful 
        family reunification.
          ``(4) The rapid increases in the annual number of adoptions 
        since the enactment of the Adoption and Safe Families Act of 
        1997 have created a growing need for postadoption services and 
        for service providers with the particular knowledge and skills 
        required to address the unique issues adoptive families and 
        children may face.
  ``(b) Purpose.--The purpose of this program is to enable States to 
develop and establish, or expand, and to operate coordinated programs 
of community-based family support services, family preservation 
services, time-limited family reunification services, and adoption 
promotion and support services to accomplish the following objectives:
          ``(1) To prevent child maltreatment among families at risk 
        through the provision of supportive family services.
          ``(2) To assure children's safety within the home and 
        preserve intact families in which children have been 
        maltreated, when the family's problems can be addressed 
        effectively.
          ``(3) To address the problems of families whose children have 
        been placed in foster care so that reunification may occur in a 
        safe and stable manner in accordance with the Adoption and Safe 
        Families Act of 1997.
          ``(4) To support adoptive families by providing support 
        services as necessary so that they can make a lifetime 
        commitment to their children.''.

SEC. 102. DEFINITIONS.

  (a) Inclusion of Infant Safe Haven Programs Among Family Preservation 
Services.--Section 431(a)(1) (42 U.S.C. 629a(a)(1)) is amended--
          (1) by striking ``and'' at the end of subparagraph (D);
          (2) by striking the period at the end of subparagraph (E) and 
        inserting ``; and''; and
          (3) by adding at the end the following:
                  ``(F) infant safe haven programs to provide a way for 
                a parent to safely relinquish a newborn infant at a 
                safe haven designated pursuant to a State law.''.
  (b) Family Support Services.--Section 431(a)(2) (42 U.S.C. 
629a(a)(2)) is amended by inserting ``to strengthen parental 
relationships and promote healthy marriages,'' after ``environment,''.

SEC. 103. REALLOTMENTS.

  Section 433 (42 U.S.C. 629c) is amended by adding at the end the 
following:
  ``(d) Reallotments.--The amount of any allotment to a State under 
this section for any fiscal year that the State certifies to the 
Secretary will not be required for carrying out the State plan under 
section 432 shall be available for reallotment using the allotment 
methodology specified in this section. Any amount so reallotted to a 
State is deemed part of the allotment of the State under the preceding 
provisions of this section.''.

SEC. 104. PAYMENTS TO STATES.

  (a) In General.--Section 434(a) (42 U.S.C. 629d(a)) is amended--
          (1) by striking paragraph (2);
          (2) by striking all that precedes subparagraph (A) of 
        paragraph (1) and inserting the following:
  ``(a) Entitlement.--Each State that has a plan approved under section 
432 shall be entitled to payment of the lesser of--''; and
          (3) by redesignating subparagraphs (A) and (B) of paragraph 
        (1) as paragraphs (1) and (2), respectively, and by indenting 
        the provisions 2 ems to the left.
  (b) Conforming Amendments.--Section 434(b) (42 U.S.C. 629d(b)) is 
amended--
          (1) in paragraph (1)--
                  (A) by striking ``paragraph (1) or (2)(B) of''; and
                  (B) by striking ``described in this subpart'' and 
                inserting ``under the State plan under section 432''; 
                and
          (2) in paragraph (2), by striking ``subsection (a)(1)'' and 
        inserting ``subsection (a)''.

SEC. 105. EVALUATIONS, RESEARCH, AND TECHNICAL ASSISTANCE.

  Section 435 (42 U.S.C. 629e) is amended--
          (1) by striking all that precedes ``the effectiveness'' in 
        paragraph (1) of subsection (a), including the heading for 
        section 435 and the caption for subsection (a), and inserting 
        the following:

``SEC. 435. EVALUATIONS; RESEARCH; TECHNICAL ASSISTANCE.

  ``(a) Evaluations.--
          ``(1) In general.--The Secretary shall evaluate and report to 
        the Congress biennially on'';
          (2) by adding at the end of subsection (a) the following:
          ``(3) Timing of report.--Beginning in 2003, the Secretary 
        shall submit the biennial report required by this subsection 
        not later than April 1 of every other year, and shall include 
        in each such report the funding level, the status of ongoing 
        evaluations, findings to date, and the nature of any technical 
        assistance provided to States under subsection (d).''; and
          (3) by adding at the end the following:
  ``(c) Research.--The Secretary shall give priority consideration to 
the following topics for research and evaluation under this subsection, 
using rigorous evaluation methodologies where feasible:
          ``(1) Promising program models in the service categories 
        specified in section 430(b), particularly time-limited 
        reunification services and postadoption services.
          ``(2) Multi-disciplinary service models designed to address 
        parental substance abuse and to reduce its impacts on children.
          ``(3) The efficacy of approaches directed at families with 
        specific problems and with children of specific age ranges.
          ``(4) The outcomes of adoptions finalized after enactment of 
        the Adoption and Safe Families Act of 1997.
  ``(d) Technical Assistance.--To the extent funds are available 
therefor, the Secretary shall provide technical assistance that helps 
States and Indian tribes to--
          ``(1) develop research-based protocols for identifying 
        families at risk of abuse and neglect of use in the field;
          ``(2) develop treatment models that address the needs of 
        families at risk, particularly families with substance abuse 
        issues;
          ``(3) implement programs with well-articulated theories of 
        how the intervention will result in desired changes among 
        families at risk;
          ``(4) establish mechanisms to ensure that service provision 
        matches the treatment model; and
          ``(5) establish mechanisms to ensure that postadoption 
        services meet the needs of the individual families and develop 
        models to reduce the disruption rates of adoption.''.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS; RESERVATION OF CERTAIN 
                    AMOUNTS.

  (a) Mandatory Funding.--
          (1) In general.--Subpart 2 of part B of title IV (42 U.S.C. 
        629-629e) is amended by adding at the end the following:

``SEC. 436. AUTHORIZATION OF APPROPRIATIONS; RESERVATION OF CERTAIN 
                    AMOUNTS.

  ``(a) Authorization.--There are authorized to be appropriated to 
carry out the provisions of this subpart $305,000,000 for each of 
fiscal years 2002 through 2006.
  ``(b) Reservation of Certain Amounts.--From the amount specified in 
subsection (a) for a fiscal year, the Secretary shall reserve amounts 
as follows:
          ``(1) Evaluation, research, training, and technical 
        assistance.--The Secretary shall reserve $6,000,000 for 
        expenditure by the Secretary--
                  ``(A) for research, training, and technical 
                assistance costs related to the program under this 
                subpart; and
                  ``(B) for evaluation of State programs based on the 
                plans approved under section 432 and funded under this 
                subpart, and any other Federal, State, or local 
                program, regardless of whether federally assisted, that 
                is designed to achieve the same purposes as the State 
                programs.
          ``(2) State court improvements.--The Secretary shall reserve 
        $10,000,000 for grants under section 438.
          ``(3) Indian tribes.--The Secretary shall reserve 1 percent 
        for allotment to Indian tribes in accordance with section 
        433(a).''.
          (2) Conforming amendments.--Section 433 (42 U.S.C. 629c) is 
        amended--
                  (A) in subsection (a), by striking ``section 
                430(d)(3)'' and inserting ``section 436(b)(3)'';
                  (B) in subsection (b)--
                          (i) by striking ``section 430(b)'' and 
                        inserting ``section 436(a)''; and
                          (ii) by striking ``section 430(d)'' and 
                        inserting ``section 436(b)''; and
                  (C) in subsection (c)(1)--
                          (i) by striking ``section 430(b)'' and 
                        inserting ``section 436(a)''; and
                          (ii) by striking ``section 430(d)'' and 
                        inserting ``section 436(b)''.
  (b) Discretionary Funding.--Subpart 2 of part B of title IV (42 
U.S.C. 629-629e) is further amended by adding at the end the following:

``SEC. 437. DISCRETIONARY GRANTS.

  ``(a) Limitations on Authorization of Appropriations.--In addition to 
any amount appropriated pursuant to section 436, there are authorized 
to be appropriated to carry out this section $200,000,000 for each of 
fiscal years 2002 through 2006.
  ``(b) Reservation of Certain Amounts.--From the amount (if any) 
appropriated pursuant to subsection (a) for a fiscal year, the 
Secretary shall reserve amounts as follows:
          ``(1) Evaluation, research, training, and technical 
        assistance.--The Secretary shall reserve 3.3 percent for 
        expenditure by the Secretary for the activities described in 
        section 436(b)(1).
          ``(2) State court improvements.--The Secretary shall reserve 
        3.3 percent for grants under section 438.
          ``(3) Indian tribes.--The Secretary shall reserve 2 percent 
        for allotment to Indian tribes in accordance with subsection 
        (c)(1).
  ``(c) Allotments.--
          ``(1) Indian tribes.--From the amount (if any) reserved 
        pursuant to subsection (b)(3) for any fiscal year, the 
        Secretary shall allot to each Indian tribe with a plan approved 
        under this subpart an amount that bears the same ratio to such 
        reserved amount as the number of children in the Indian tribe 
        bears to the total number of children in all Indian tribes with 
        State plans so approved, as determined by the Secretary on the 
        basis of the most current and reliable information available to 
        the Secretary.
          ``(2) Territories.--From the amount (if any) appropriated 
        pursuant to subsection (a) for any fiscal year that remains 
        after applying subection (b) for the fiscal year, the Secretary 
        shall allot to each of the jurisdictions of Puerto Rico, Guam, 
        the Virgin Islands, the Northern Mariana Islands, and American 
        Samoa an amount determined in the same manner as the allotment 
        to each of such jurisdictions is determined under section 421.
          ``(3) Other states.--From the amount (if any) appropriated 
        pursuant to subsection (a) for any fiscal year that remains 
        after applying subsection (b) and paragraph (2) of this 
        subsection for the fiscal year, the Secretary shall allot to 
        each State (other than an Indian tribe) which is not specified 
        in paragraph (2) of this subsection an amount equal to such 
        remaining amount multiplied by the food stamp percentage (as 
        defined in section 433(c)(2)) of the State for the fiscal year.
  ``(d) Grants.--The Secretary may make a grant to a State which has a 
plan approved under this subpart in an amount equal to the lesser of--
          ``(1) 75 percent of the total expenditures by the State for 
        activities under the plan during the fiscal year or the 
        immediately succeeding fiscal year; or
          ``(2) the allotment of the State under subsection (c) for the 
        fiscal year.
  ``(e) Applicability of Certain Rules.--The rules of subsections (b) 
and (c) of section 434 shall apply in like manner to the amounts made 
available pursuant to this section.''.

SEC. 107. STATE COURT IMPROVEMENTS.

  (a) Scope of Activities.--Section 13712 of the Omnibus Budget 
Reconciliation Act of 1993 (42 U.S.C. 670 note) is amended--
          (1) in subsection (a), by striking paragraph (2) and 
        inserting the following:
          ``(2) to implement improvements the highest state courts deem 
        necessary as a result of the assessments, including--
                  ``(A) to provide for the safety, well-being, and 
                permanence of children in foster care, as set forth in 
                the Adoption and Safe Families Act of 1997 (Public Law 
                105-89); and
                  ``(B) to implement a corrective action plan, as 
                necessary, resulting from reviews of child and family 
                service programs under section 1123A of this Act.''; 
                and
          (2) in subsection (c)(1), in the matter preceding 
        subparagraph (A), by inserting ``and improvement'' after 
        ``assessment''.
  (b) Allotments.--Section 13712(c)(1) of such Act (42 U.S.C. 670 note) 
is amended by striking all that follows ``shall be entitled to 
payment,'' and inserting ``for each of fiscal years 2002 through 2006, 
from the amount reserved pursuant to section 436(b)(2) (and the amount, 
if any, reserved pursuant to section 437(b)(2)), of an amount equal to 
the sum of $85,000 plus the amount described in paragraph (2) of this 
subsection for the fiscal year.''.
  (c) Federal Share.--Section 13712(d) of such Act (42 U.S.C. 670 note) 
is amended--
          (1) in the heading, by striking ``Use of Grant Funds'' and 
        inserting ``Federal Share''; and
          (2) by striking ``to pay--'' and all that follows and 
        inserting ``to pay not more than 75 percent of the cost of 
        activities under this section in each of fiscal years 2002 
        through 2006.''.
  (d) Conforming Amendments.--Section 13712 of such Act (42 U.S.C. 670 
note) is amended--
          (1) in subsection (a)--
                  (A) in the matter preceding paragraph (1), by 
                striking ``of title IV of the Social Security Act''; 
                and
                  (B) in paragraph (1)(A), by striking ``of title IV of 
                such Act''; and
          (2) in subsection (c)(2), by striking ``section 430(d)(2) of 
        the Social Security Act'' and inserting ``section 436(b)(2) 
        (and the amount, if any, reserved pursuant to section 
        437(b)(2))''.
  (e) Transfer and Redesignation.--Section 13712 of such Act (42 U.S.C. 
670 note), as amended by the preceding provisions of this section, is 
redesignated as section 438 and is transferred to the end of subpart 2 
of part B of title IV of the Social Security Act.

              Subtitle B--Mentoring Children of Prisoners

SEC. 121. PROGRAM AUTHORIZED.

  Subpart 2 of part B of title IV (42 U.S.C. 629-629e) is further 
amended by adding at the end the following:

``SEC. 439. GRANTS FOR PROGRAMS FOR MENTORING CHILDREN OF PRISONERS.

  ``(a) Findings and Purpose.--
          ``(1) Findings.--
                  ``(A) In the period between 1991 and 1999, the number 
                of children with a parent incarcerated in a Federal or 
                State correctional facility increased by more than 100 
                percent, from approximately 900,000 to approximately 
                2,000,000. In 1999, 2.1 percent of all children in the 
                United States had a parent in Federal or State prison.
                  ``(B) Prior to incarceration, 64 percent of female 
                prisoners and 44 percent of male prisoners in State 
                facilities lived with their children.
                  ``(C) Nearly 90 percent of the children of 
                incarcerated fathers live with their mothers, and 79 
                percent of the children of incarcerated mothers live 
                with a grandparent or other relative.
                  ``(D) Parental arrest and confinement lead to stress, 
                trauma, stigmatization, and separation problems for 
                children. These problems are coupled with existing 
                problems that include poverty, violence, parental 
                substance abuse, high-crime environments, intrafamilial 
                abuse, child abuse and neglect, multiple care givers, 
                and/or prior separations. As a result, these children 
                often exhibit a broad variety of behavioral, emotional, 
                health, and educational problems that are often 
                compounded by the pain of separation.
                  ``(E) Empirical research demonstrates that mentoring 
                is a potent force for improving children's behavior 
                across all risk behaviors affecting health. Quality, 
                one-on-one relationships that provide young people with 
                caring role models for future success have profound, 
                life-changing potential. Done right, mentoring markedly 
                advances youths' life prospects. A widely cited 1995 
                study by Public/Private Ventures measured the impact of 
                one Big Brothers Big Sisters program and found 
                significant effects in the lives of youth--cutting 
                first-time drug use by almost half and first-time 
                alcohol use by about a third, reducing school 
                absenteeism by half, cutting assaultive behavior by a 
                third, improving parental and peer relationships, 
                giving youth greater confidence in their school work, 
                and improving academic performance.
          ``(2) Purpose.--The purpose of this section is to authorize 
        the Secretary to make competitive grants to applicants in areas 
        with substantial numbers of children of incarcerated parents, 
        to support the establishment or expansion and operation of 
        programs using a network of public and private community 
        entities to provide mentoring services for children of 
        prisoners.
  ``(b) Definitions.--In this section:
          ``(1) Children of prisoners.--The term `children of 
        prisoners' means children one or both of whose parents are 
        incarcerated in a Federal, State, or local correctional 
        facility. The term is deemed to include children who are in an 
        ongoing mentoring relationship in a program under this section 
        at the time of their parents' release from prison, for purposes 
        of continued participation in the program.
          ``(2) Mentoring.--The term `mentoring' means a structured, 
        managed program in which children are appropriately matched 
        with screened and trained adult volunteers for one-on-one 
        relationships, involving meetings and activities on a regular 
        basis, intended to meet, in part, the child's need for 
        involvement with a caring and supportive adult who provides a 
        positive role model.
          ``(3) Mentoring services.--The term `mentoring services' 
        means those services and activities that support a structured, 
        managed program of mentoring, including the management by 
        trained personnel of outreach to, andscreening of, eligible 
children; outreach to, education and training of, and liaison with 
sponsoring local organizations; screening and training of adult 
volunteers; matching of children with suitable adult volunteer mentors; 
support and oversight of the mentoring relationship; and establishment 
of goals and evaluation of outcomes for mentored children.
  ``(c) Program Authorized.--From the amounts appropriated under 
subsection (h) for a fiscal year that remain after applying subsection 
(h)(2), the Secretary shall make grants under this section for each of 
fiscal years 2002 through 2006 to State or local governments, tribal 
governments or tribal consortia, faith-based organizations, and 
community-based organizations in areas that have significant numbers of 
children of prisoners and that submit applications meeting the 
requirements of this section, in amounts that do not exceed $5,000,000 
per grant.
  ``(d) Application Requirements.--In order to be eligible for a grant 
under this section, the chief executive officer of the applicant must 
submit to the Secretary an application containing the following:
          ``(1) Program design.--A description of the proposed program, 
        including--
                  ``(A) a list of local public and private 
                organizations and entities that will participate in the 
                mentoring network;
                  ``(B) the name, description, and qualifications of 
                the entity that will coordinate and oversee the 
                activities of the mentoring network;
                  ``(C) the number of mentor-child matches proposed to 
                be established and maintained annually under the 
                program;
                  ``(D) such information as the Secretary may require 
                concerning the methods to be used to recruit, screen, 
                support, and oversee individuals participating as 
                mentors, (which methods shall include criminal 
                background checks on the individuals), and to evaluate 
                outcomes for participating children, including 
                information necessary to demonstrate compliance with 
                requirements established by the Secretary for the 
                program; and
                  ``(E) such other information as the Secretary may 
                require.
          ``(2) Community consultation; coordination with other 
        programs.--A demonstration that, in developing and implementing 
        the program, the applicant will, to the extent feasible and 
        appropriate--
                  ``(A) consult with public and private community 
                entities, including religious organizations, and 
                including, as appropriate, Indian tribal organizations 
                and urban Indian organizations, and with family members 
                of potential clients;
                  ``(B) coordinate the programs and activities under 
                the program with other Federal, State, and local 
                programs serving children and youth; and
                  ``(C) consult with appropriate Federal, State, and 
                local corrections, workforce development, and substance 
                abuse and mental health agencies.
          ``(3) Equal access for local service providers.--An assurance 
        that public and private entities and community organizations, 
        including religious organizations and Indian organizations, 
        will be eligible to participate on an equal basis.
          ``(4) Records, reports, and audits.--An agreement that the 
        applicant will maintain such records, make such reports, and 
        cooperate with such reviews or audits as the Secretary may find 
        necessary for purposes of oversight of project activities and 
        expenditures.
          ``(5) Evaluation.--An agreement that the applicant will 
        cooperate fully with the Secretary's ongoing and final 
        evaluation of the program under the plan, by means including 
        providing the Secretary access to the program and program-
        related records and documents, staff, and grantees receiving 
        funding under the plan.
  ``(e) Federal Share.--
          ``(1) In general.--A grant for a program under this section 
        shall be available to pay a percentage share of the costs of 
        the program up to--
                  ``(A) 75 percent for the first and second fiscal 
                years for which the grant is awarded; and
                  ``(B) 50 percent for the third and each succeeding 
                such fiscal years.
          ``(2) Non-federal share.--The non-Federal share of the cost 
        of projects under this section may be in cash or in kind. In 
        determining the amount of the non-Federal share, the Secretary 
        may attribute fair market value to goods, services, and 
        facilities contributed from non-Federal sources.
  ``(f) Considerations in Awarding Grants.--In awarding grants under 
this section, the Secretary shall take into consideration--
          ``(1) the qualifications and capacity of applicants and 
        networks of organizations to effectively carry out a mentoring 
        program under this section;
          ``(2) the comparative severity of need for mentoring services 
        in local areas, taking into consideration data on the numbers 
        of children (and in particular of low-income children) with an 
        incarcerated parent (or parents) in the areas;
          ``(3) evidence of consultation with existing youth and family 
        service programs, as appropriate; and
          ``(4) any other factors the Secretary may deem significant 
        with respect to the need for or the potential success of 
        carrying out a mentoring program under this section.
  ``(g) Evaluation.--The Secretary shall conduct an evaluation of the 
programs conducted pursuant to this section, and submit to the Congress 
not later than April 15, 2005, a report on the findings of the 
evaluation.
  ``(h) Authorization of Appropriations; Reservation of Certain 
Amounts.--
          ``(1) Authorization.--There are authorized to be appropriated 
        to carry out this section $67,000,000 for each of fiscal years 
        2002 and 2003, and such sums as may be necessary for each 
        succeeding fiscal year.
          ``(2) Reservation.--The Secretary shall reserve 2.5 percent 
        of the amount appropriated for each fiscal year under paragraph 
        (1) for expenditure by the Secretary for research, technical 
        assistance, and evaluation related to programs under this 
        section.''.

              TITLE II--FOSTER CARE AND INDEPENDENT LIVING

SEC. 201. EDUCATIONAL AND TRAINING VOUCHERS FOR YOUTHS AGING OUT OF 
                    FOSTER CARE.

  (a) Purpose.--Section 477(a) (42 U.S.C. 677(a)) is amended--
          (1) by striking ``and'' at the end of paragraph (4);
          (2) by striking the period at the end of paragraph (5) and 
        inserting ``; and''; and
          (3) by adding at the end the following new paragraph:
          ``(6) to make available vouchers for education and training, 
        including postsecondary training and education, to youths who 
        have aged out of foster care.''.
  (b) Educational and Training Vouchers.--Section 477 (42 U.S.C. 677) 
is amended by adding at the end the following:
  ``(i) Educational and Training Vouchers.--The following conditions 
shall apply to a State educational and training voucher program under 
this section:
          ``(1) Vouchers under the program may be available to youths 
        otherwise eligible for services under the State program under 
        this section.
          ``(2) For purposes of the voucher program, youths adopted 
        from foster care after attaining age 16 may be considered to be 
        youths otherwise eligible for services under the State program 
        under this section.
          ``(3) The State may allow youths participating in the voucher 
        program on the date they attain 21 years of age to remain 
        eligible until they attain 23 years of age, as long as they are 
        enrolled in a postsecondary education or training program and 
        are making satisfactory progress toward completion of that 
        program.
          ``(4) The voucher or vouchers provided for an individual 
        under this section--
                  ``(A) may be available for the cost of attendance at 
                an institution of higher education, as defined in 
                section 102 of the Higher Education Act of 1965; and
                  ``(B) shall not exceed the lesser of $5,000 per year 
                or the total cost of attendance, as defined in section 
                472 of that Act.
          ``(5) The amount of a voucher under this section may be 
        disregarded for purposes of determining the recipient's 
        eligibility for, or the amount of, any other Federal or 
        Federally supported assistance, except that the total amount of 
        educational assistance to a youth under this section and under 
        other Federal and Federally supported programs shall not exceed 
        the total cost of attendance, as defined in section 472 of the 
        Higher Education Act of 1965, and except that the State agency 
        shall take appropriate steps to prevent duplication of benefits 
        under this and other Federal or Federally supported programs.
          ``(6) The program is coordinated with other appropriate 
        education and training programs.''.
  (c) Certification.--Section 477(b)(3) (42 U.S.C. 677(b)(3)) is 
amended by adding at the end the following:
                  ``(J) A certification by the chief executive officer 
                of the State that the State educational and training 
                voucher program under this section is incompliance with 
the conditions specified in subsection (i), including a statement 
describing methods the State will use--
                          ``(i) to ensure that the total amount of 
                        educational assistance to a youth under this 
                        section and under other Federal and Federally 
                        supported programs does not exceed the 
                        limitation specified in subsection (i)(5); and
                          ``(ii) to avoid duplication of benefits under 
                        this and any other Federal or Federally 
                        assisted benefit program.''.
  (d) Increased Authorizations of Appropriations.--Section 477(h) (42 
U.S.C. 677(h)) is amended by striking ``there are authorized'' and all 
that follows and inserting the following: ``there are authorized to be 
appropriated to the Secretary for each fiscal year--
          ``(1) $140,000,000, which shall be available for all purposes 
        under this section; and
          ``(2) an additional $60,000,000, which are authorized to be 
        available for payments to States for education and training 
        vouchers for youths who age out of foster care, to assist the 
        youths to develop skills necessary to lead independent and 
        productive lives.''.
  (e) Allotments to States.--Section 477(c) (42 U.S.C. 677(c)) is 
amended--
          (1) in paragraph (1)--
                  (A) by striking ``(1) In general.--From the amount 
                specified in subsection (h)'' and inserting ``(1) 
                General program allotment.--From the amount specified 
                in subsection (h)(1)'';
                  (B) by striking ``which bears the same ratio'' and 
                inserting ``which bears the ratio''; and
                  (C) by striking ``as the number of children in foster 
                care'' and all that follows and inserting ``equal to 
                the State foster care ratio, as adjusted in accordance 
                with paragraph (2).''; and
          (2) by adding at the end the following new paragraphs:
          ``(3) Voucher program allotment.--From the amount, if any, 
        appropriated pursuant to subsection (h)(2) for a fiscal year, 
        the Secretary may allot to each State with an application 
        approved under subsection (b) for the fiscal year an amount 
        equal to the State foster care ratio multiplied by the amount 
        so specified.
          ``(4) State foster care ratio.--In this subsection, the term 
        `State foster care ratio' means the ratio of the number of 
        children in foster care under a program of the State in the 
        most recent fiscal year for which the information is available 
        to the total number of children in foster care in all States 
        for the most recent fiscal year.''.
  (f) Payments to States.--
          (1) In general.--Section 474(a)(4) (42 U.S.C. 674(a)(4)) is 
        amended to read as follows:
          ``(4) an amount equal to the amount (if any) by which--
                  ``(A) the lesser of--
                          ``(i) 80 percent of the amounts expended by 
                        the State during the fiscal year in which the 
                        quarter occurs to carry out programs in 
                        accordance with the State application approved 
                        under section 477(b) for the period in which 
                        the quarter occurs (including any amendment 
                        that meets the requirements of section 
                        477(b)(5)); or
                          ``(ii) the amount allotted to the State under 
                        section 477(c)(1) for the fiscal year in which 
                        the quarter occurs, reduced by the total of the 
                        amounts payable to the State under this 
                        paragraph for all prior quarters in the fiscal 
                        year; exceeds
                  ``(B) the total amount of any penalties assessed 
                against the State under section 477(e) during the 
                fiscal year in which the quarter occurs.''.
          (2) Discretionary grants.--Section 474 (42 U.S.C. 674) is 
        amended by adding at the end the following:
  ``(e) Discretionary Grants for Educational and Training Vouchers for 
Youths Aging out of Foster Care.--From amounts appropriated pursuant to 
section 477(h)(2), the Secretary may make a grant to a State with a 
plan approved under this part, for a calendar quarter, in an amount 
equal to the lesser of--
          ``(1) 80 percent of the amounts expended by the State during 
        the quarter to carry out programs for the purposes described in 
        section 477(a)(6); or
          ``(2) the amount, if any, allotted to the State under section 
        477(c)(3) for the fiscal year in which the quarter occurs, 
        reduced by the total of the amounts payable to the State under 
        this subsection for such purposes for all prior quarters in the 
        fiscal year.''.

SEC. 202. REALLOCATION AND EXTENSION OF FUNDS.

  (a) Reallocation of Unused Funds.--Section 477(d) (42 U.S.C. 677(d)) 
is amended by adding at the end the following:
          ``(4) Reallocation of unused funds.--If a State does not 
        apply for funds under this section for a fiscal year within 
        such time as may be provided by the Secretary, the funds to 
        which the State would be entitled for the fiscal year shall be 
        reallocated to 1 or more other States on the basis of their 
        relative need for additional payments under this section, as 
        determined by the Secretary.''.
  (b) Temporary Extension of Availability of Independent Living 
Funds.--Notwithstanding section 477(d)(3) of the Social Security Act, 
payments made to a State under section 477 of such Act for fiscal year 
2000 shall remain available for expenditure by the State through fiscal 
year 2002.

                       TITLE III--EFFECTIVE DATE

SEC. 301. EFFECTIVE DATE.

  (a) In General.--Subject to subsection (b), the amendments made by 
this Act shall take effect on the date of the enactment of this Act.
  (b) Delay Permitted if State Legislation Required.--In the case of a 
State plan under subpart 2 of part B or part E of the Social Security 
Act that the Secretary of Health and Human Services determines requires 
State legislation (other than legislation appropriating funds) in order 
for the plan to meet the additional requirements imposed by the 
amendments specified in subsection (a) of this section, the State plan 
shall not be regarded as failing to comply with the requirements of 
such part solely on the basis of the failure of the plan to meet the 
additional requirements before the first day of the first calendar 
quarter beginning after the close of the first regular session of the 
State legislature that begins after the date of the enactment of this 
Act. For purposes of the preceding sentence, in the case of a State 
that has a 2-year legislative session, each year of the session shall 
be deemed to be a separate regular session of the State legislature.

                            I. INTRODUCTION


                          A. Purpose and Scope

    The Committee bill reauthorizes and makes improvements to 
the Promoting Safe and Stable Families program, the primary 
Federal resource for services to prevent child abuse and 
neglect; creates a competitive grant program to establish and 
expand networks of mentoring services for the children of 
prisoners; and creates an education voucher program for youth 
aging out of foster care.
    The Promoting Safe and Stable Families program (PSSF) 
expired at the end of fiscal year 2001. The Committee bill 
extends PSSF through fiscal year 2006 and authorizes an 
increase of $200 million per year. The mentoring children of 
prisoners program would be an addition to the PSSF program, and 
is authorized for five fiscal years, initially at $67 million 
per year. Finally, the Committee bill authorizes an independent 
living education voucher program for five fiscal years as an 
additional, separately appropriated $60 million per year 
program within the John H. Chafee Foster Care Independence 
program.
    The primary improvements made to the PSSF program include 
adding two activities to the list of allowable activities: (1) 
strengthening parental relationships and promoting healthy 
marriages; and (2) supporting Infant Safe Haven programs 
designed to provide a safe way for parents to relinquish 
unwanted newborns. The Committee bill also adds focus to 
research, evaluation, and technical assistance performed or 
directed each year by the U.S. Department of Health of Human 
Services (the Secretary) and requires the Secretary to report 
to the Congress every two years on its activities in this 
respect. Finally, the Committee bill allows funds unused by 
States to be redirected to other States, maximizing the 
resources available to provide program services nationwide.

                 B. Background and Need for Legislation

    In response to growing foster care caseloads and concerns 
that too many children languished in foster care, Public Law 
105-89, the Adoption and Safe Families Act of 1997 (ASFA), 
imposed rigorous deadlines for States and families to address 
parental problems before a Court must consider whether or not 
to free children for adoption.
    The Promoting Safe and Stable Families program has become 
an increasingly important resource in responding to the 
heightened demands on State child welfare systems resulting 
from ASFA. Originally created by the Omnibus Budget 
Reconciliation Act of 1993 (P.L. 103-66) and reauthorized by 
ASFA, the program supports State efforts to provide four 
categories of services: (1) family preservation services to 
families in crisis that might prevent children from being 
removed from their home and placed into foster care; (2) family 
support services to prevent child maltreatment from occurring 
in potentially vulnerable families; (3) time-limited family 
reunification services to provide intensive assistance to 
families during the 15-month time period after children have 
been removed from their homes until the State must ask the 
Courts to address the parents' rights to retain custody of 
their children; and (4) adoption promotion and support services 
to promote adoptions and support families adopting children 
from foster care.
    The findings and purposes section of the legislation 
emphasizes the importance of providing a continuum of services 
to families, from preventing abuse to supporting adoptive 
families. At each stage in this continuum, States use Promoting 
Safe and Stable Families funds to support and assist fragile 
families. The extension and expansion of the program maintains 
and augments the Committee's commitment to providing help to 
these families in the coming years.
    While the Committee has begun to receive information about 
family preservation programs, one of the four categories of 
required services of the Promoting Safe and Stable Families 
program, little is known about the other areas of service. This 
is especially true of the two categories added by the Adoption 
and Safe Families Act--time-limited family reunification and 
adoption promotion and support services. The revised research, 
evaluation, and technical assistance priorities are intended to 
provide States and the Congress with better information about 
the most effective of the wide range of service options 
available under the program. Specifically, the Secretary is 
asked to give priority consideration to research and technical 
assistance in areas such as substance abuse treatment 
partnerships with the child welfare system under the time-
limited family reunification category, and how to assist 
families after they have adopted children from foster care 
under the adoption promotion and support category.
    A positive consequence of ASFA has been the impressive 
increase in the number of children adopted from foster care--an 
additional 133,000 children since the law was enacted or a 56 
percent increase over the previous three-year period starting 
in 1995. However, large numbers of families adopting young 
children may face unanticipated challenges as these children 
grow into adolescence. The issue of substance abuse treatment 
needs in the child welfare system also is of critical 
importance. A 1998 GAO report revealed that two-thirds of the 
children in foster care observed had one or more parent who was 
a substance abuser; most such parents had been abusing drugs or 
alcohol for five or more years. GAO also reported that foster 
care agencies face challenges in addressing parental substance 
abuse for a variety of reasons. The prioritizing of these two 
categories of service--adoption promotion and support and time-
limited family reunification--for research and technical 
assistance under this legislation is intended to identify 
promising practices and translate that information into useful 
guidance to States.
    The mentoring children of prisoners initiative responds to 
complex issues for children and families arising from large 
numbers of incarcerated parents. Nearly 2 million children had 
a parent in jail between 1991 and 1999. Mentoring programs, 
involving one-on-one relationships of adults matched with 
children of prisoners, have demonstrated promising results. 
These relationships can help alleviate the trauma and 
stigmatization of having a parent in prison and reduce the 
incidence of negative adolescent behaviors such as drug and 
alcohol abuse and school absenteeism.
    The new education vouchers initiative seeks to offer 
additional assistance to youth aging out of foster care who are 
likely to experience difficulty as they transition to 
independence after age 18. According to HHS data, more than 
18,500 children aged out of foster care in 1999 without being 
adopted. These children must overcome not only the disadvantage 
of having spent time in the foster care system, most likely in 
numerous placements, but they also have to find their way in 
the world without the support of a family. Funding for the 
Foster Care Independence Program, which provides States with 
grants for services to assist these youth, has grown steadily 
over time, rising from $70 million to $140 million per year as 
a result of legislation enacted in 1999. This new program 
targets still more program funding increases specifically to 
the education and training needs of this population.

                         C. Legislative History

    On September 25, 2001 the Subcommittee on Human Resources 
ordered favorably reported, with amendment, to the full 
Committee H.R. 2873, the ``Promoting Safe and Stable Families 
Amendments of 2001'', on a voice vote with a quorum present. On 
October 31, 2001 the Full Committee on Ways and Means ordered 
favorably reported H.R. 2873, on a voice vote with a quorum 
present.
    The Subcommittee on Human Resources held a hearing on May 
10, 2001 (Serial 107-18) to receive comments on the Promoting 
Safe and Stable Families program. Testimony at the hearing was 
presented by program administrators, advocates, researchers and 
Members of the U.S. House of Representatives. On July 11, 2001 
the Subcommittee conducted a hearing on Bush Administration 
budget proposals which included testimony from an official from 
the U.S. Department of Health and Human Services on the 
President's proposals to extend and amend the Promoting Safe 
and Stable Families program, provide for grants to support 
mentoring children of prisoners, and fund new education 
vouchers for children aging out of foster care (Serial 107-36). 
In the 106th Congress, the Subcommittee held a number of 
hearings on child welfare issues: April 22, 1999 on Child 
Protection Oversight (Serial 106-25); February 27, 2000 on the 
Child Protection Review System (Serial 106-84); March 23, 2000 
on Child Protection Issues (Serial 106-63); July 20, 2000 on 
Increasing State Flexibility in Use of Federal Child Protection 
Funds (Serial 106-98); and October 3, 2000 on H.R. 5292, the 
``Flexible Funding for Child Protection Act of 2000'' (Serial 
106-73). Testimony was presented by Administration officials, 
academic witnesses, researchers, program administrators, and 
advocacy groups.

                     II. EXPLANATION OF PROVISIONS


                   1. Short Title; Table of Contents

Present law

    No provision.

Explanation of provision

    The Act is named the ``Promoting Safe and Stable Families 
Amendments of 2001.''

Reason for change

    Not Applicable.

              Title I--Promoting Safe and Stable Families


                   Section 101. Findings and Purpose

Present law

    Current law includes no findings. The purposes of the 
Promoting Safe and Stable Families program are to encourage and 
enable each State to develop, establish or expand, and operate 
a program of family preservation services, community-based 
family support services, time-limited family reunification 
services, and adoption promotion and support services.

Explanation of provision

    The Promoting Safe and Stable Families Amendments of 2001 
adds findings to illustrate the need for the program in 
addressing issues faced by families at risk of abuse and 
neglect, and those adopting children from foster care. The 
Congress finds that: (1) family preservation programs provide 
extensive and intensive services to families in crisis; (2) 
family support programs directed at specific vulnerable 
populations have had positive effects; (3) permanency placement 
timelines established by the Adoption and Safe Families Act of 
1997 (ASFA) have made the prompt availability of services to 
families important to successful family reunification; and (4) 
a rapid increase in the number of adoptions since enactment of 
ASFA has created a growing need for post-adoption services and 
for service providers with knowledge and skills specific to the 
needs of adoptive families.
    The Committee bill also adds purposes to clarify the goals 
and expectations of the Congress in reauthorizing the program. 
Specifically, the purposes include the coordination of services 
offered under the program; preventing child maltreatment among 
at-risk families through supportive family services; assuring 
children's safety within the home; preserving intact families 
where children have been maltreated, when problems can be 
addressed effectively; addressing problems of families whose 
children have been placed in foster care so that reunification 
may occur in a safe and stable manner; and supporting adoptive 
families by providing necessary support services for them to 
make a lifetime commitment to their children.

Reason for change

    Under current law, there is only general language stating 
the purpose of the program. The addition of specific findings 
and purposes will help reinforce the need for coordination of 
services and the goals of each of the four categories of 
services. While States retain broad authority to design 
programs, the revised purposes make clear that individual 
programs should be tailored to address the goals identified for 
each category of services States are expected to provide using 
program funds.

  Section 102. Definitions of Family Preservation and Family Support 
                                Services

Present law

    Family preservation services are defined as services for 
children and families (including adoptive and extended 
families) at risk or in crisis, including services to return 
children to their families from foster care, when safe and 
appropriate, or to help children be placed for adoption, with a 
legal guardian, or other planned permanent arrangement. They 
also include preplacement preventive services, such as 
intensive family preservation programs for children at risk of 
foster care placement; services designed to provide followup 
care to families after a child has been returned home; respite 
care for parents and other caregivers; and services designed to 
improve parenting skills with respect to such issues as child 
development, family budgeting, stress management, nutrition, 
and health.
    Family support services are defined as community-based 
services that promote the safety and well-being of children and 
families (including adoptive, foster, and extended families); 
increase confidence in and competence of parenting skills; 
afford children a safe, stable, and supportive family 
environment; and otherwise enhance child development.

Explanation of provision

    The provision amends the definition of family preservation 
services to include infant safe haven programs that provide a 
way for a parent to safely relinquish a newborn infant at a 
safe haven designated pursuant to State law.
    The legislation also amends the definition of family 
support services to include strengthening parental 
relationships and promoting healthy marriages.

Reason for change

    According to the Child Welfare League of America, as of 
August 2001, 35 States have passed laws to establish ``safe 
havens,'' where parents in crisis may relinquish newborns 
without criminal prosecution. However, few States have provided 
funding to disseminate information and publicize the 
availability of these programs, created to prevent infant 
abandonments that frequently end in the child's death. Allowing 
States to use Promoting Safe and Stable Families funds to 
support such programs is consistent with family preservation 
goals that include providing services to place children for 
adoption, with a legal guardian, or in another planned 
permanent living arrangement.
    There is a large body of evidence showing that children 
fare best on a broad range of measures when raised by married 
parents. For example, children raised by married parents are 
more likely to do well in school, to avoid poverty, and to 
escape abuse and neglect. Therefore, allowing States to use 
family support funds under the program to strengthen parental 
relationships and promote healthy marriages is consistent with 
the program's goal of promoting the safety and well-being of 
children and families.

                       Section 103. Reallotments

Present law

    No provision.

Explanation of provision

    The legislation provides that any program funds allotted 
which a State certifies it will not use are to become available 
for reallotment to other States under the existing distribution 
formula.

Reason for change

    In recent years, certain Promoting Safe and Stable Families 
funds available to the States have not been used and have 
remained in the U.S. Treasury. Funds may not be used by States 
if they are unable to meet the Federal matching requirements, 
or are using State funds to pursue the goals of the Promoting 
Safe and Stable Families program. Rather than allow some 
portion of this capped federal funding to remain unused, 
reallotment allows the Secretary to maximize the full resources 
available for program purposes.

                    Section 104. Payments to States

(a) In General (Special Funding to States, fiscal year 1994)

Present law

    A special funding rule was enacted for fiscal year 1994 
that allowed States additional funding for initial program plan 
development. States that in fiscal year 1994 submitted a proper 
application for funds to the Secretary were entitled to funding 
(up to $1 million) for the cost of development and submission 
of their 5-year program plan plus the lesser of 75 percent of 
State expenditures for services to children in families under 
the new plan, or the regular State allotmentminus the amount 
paid to the State for program plan development.

Explanation of provision

    This provision removes all reference to the special funding 
rule applicable solely to fiscal year 1994.

Reason for change

    This is a technical change to remove obsolete references in 
the statute.

(b) Conforming Amendments

Present law

    Except for the special funding rule for fiscal year 1994, 
States are entitled to the lesser of 75 percent of total 
expenditures for activities under the Promoting Safe and Stable 
Families program or the regular State allotment for the fiscal 
year.

Explanation of provision

    All references to the special funding rule applicable 
solely to fiscal year 1994 are removed, but otherwise the 
current funding formula is maintained.

Reason for change

    This is a technical change to remove obsolete references in 
the statute.

      Section 105. Evaluations, Research, and Technical Assistance

Present law

    The Secretary is required to evaluate the effectiveness of 
programs designed to meet specific purposes; develop evaluation 
criteria in consultation with appropriate parties, such as 
State child welfare agencies and private, non-profit agencies 
providing child welfare services; consult other persons with 
recognized expertise in the evaluation of child and family 
services; and develop procedures to coordinate State and 
Federal evaluations of program effectiveness.
    Current law has no provisions concerning research 
priorities or defining technical assistance the Secretary must 
provide.

Explanation of provision

    The legislation creates a new section for Evaluations, 
Research, and Technical Assistance, and adds new criteria for 
providing research grants and offering technical assistance. 
The provision instructs the Secretary to evaluate and report 
biennially to Congress on the effectiveness of programs. The 
Secretary is instructed to give priority to the following 
research and evaluation topics: promising program models, 
particularly in the areas of time-limited family reunification 
and adoption services; multi-disciplinary service models 
addressing parental substance abuse; effectiveness of 
approaches directed at families with specific problems and 
children in specific age ranges; and outcomes of adoptions 
finalized since the enactment of the 1997 Adoption and Safe 
Families Act.
    The Secretary is instructed to provide technical assistance 
to help States and Indian tribes develop research-based 
protocols for identifying families at risk of abuse and neglect 
that can be used by caseworkers in the field; develop treatment 
models that address needs of at-risk families (particularly 
families with substance abuse issues); implement programs with 
well-articulated plans of how the intervention will result in 
desired changes among at-risk families; establish ways to 
ensure service provision matches the treatment model; and 
establish ways to ensure post-adoption services meet the needs 
of individual families and develop models to reduce the 
disruption rates of adoption.
    The Secretary must submit a report by April 1 of every 
other year, beginning in 2003, describing the nature, funding 
level, and status of ongoing evaluations as well as technical 
assistance provided to States.

Reason for change

    Much is expected of State and local child welfare agencies 
in protecting children and supporting families at risk. Yet 
without the most up-to-date and insightful research on best 
practices and outcomes, agencies will have difficulty designing 
and implementing effective and efficient programs. To address 
such concerns, the legislation's targeting of research, 
evaluations, and technical assistance is intended to assist the 
Secretary in translating research findings into useful 
instruction to State child welfare agencies.
    Under current law, each year the Secretary receives $6 
million in Promoting Safe and Stable Families funds to conduct 
research and evaluate the effectiveness of State initiatives 
funded by the program. Evaluations provided to date include an 
evaluation of intensive family preservation programs and an 
overview of how States use Promoting Safe and Stable Families 
funds. However, a number of program observers contend States 
have insufficient information upon which to design programs to 
address the wide range of challenges faced by families involved 
in or at risk of involvement in the child welfare system. For 
example, the intensive family preservation evaluation examined 
one service model to prevent abuse and neglect and found some 
evidence the program may be ineffective; however, that 
evaluation offered little guidance on how States might more 
effectively design such a program. Further, evaluations of core 
Promoting Safe and Stable Families program services have been 
unevenly distributed: familypreservation has been the focus of 
many evaluations, while the three other categories have received little 
evaluative attention.

 Section 106. Authorization of Appropriations; Reservation of Certain 
                                Amounts

Present law

    Specific mandatory appropriations are authorized for each 
of fiscal years 1994 through 2001, beginning with $60 million 
in fiscal year 1994 and rising to $305 million in fiscal year 
2001. Of these funds, specified amounts are reserved for 
research, training and technical assistance and for evaluation 
of any Federal, State, or local programs that advance specific 
purposes ($2 million for fiscal year 1994 and $6 million for 
each of fiscal years 1995 through 2001); State court 
improvement grants as authorized by Section 13172 of the 
Omnibus Budget Reconciliation Act of 1993 ($5 million for 
fiscal year 1995 and $10 million for each of fiscal years 1996 
through 2001); and Indian tribes (1 percent of authorized 
amount).

Explanation of provision

    The legislation authorizes $305 million in mandatory 
appropriations for each of fiscal years 2002 through 2006. Out 
of these funds, the Secretary is instructed to reserve 
specified amounts for evaluation of programs and for research, 
training, and technical assistance ($6 million per year); State 
court improvements ($10 million per year); and Indian tribes (1 
percent of the specified authorization amount).
    In addition to the mandatory funds described above, $200 
million is authorized to be appropriated for each of fiscal 
years 2002 through 2006. Of such additional funds that are 
appropriated, the legislation requires the Secretary to reserve 
3.3 percent for evaluation, research, training, and technical 
assistance; 3.3 percent for State Court Improvements; and 2 
percent for Indian Tribes. The remaining additional funds after 
these set-asides are to be allotted among States based on the 
formula provided for the mandatory funds. The bill also makes 
technical and conforming changes related to these authorization 
and set-aside changes.

Reason for change

    The Committee bill increases funding for the Promoting Safe 
and Stable Families program as requested by the President. The 
increased authorization for fiscal year 2002 marks the largest 
annual increase in the program since its enactment in 1993. 
These funds, $70 million of which have already been provided 
for fiscal year 2002 by House-passed appropriations 
legislation, will begin to restore balance in the child welfare 
system, under which the vast majority of resources are aimed at 
maintaining children outside of their home. The proposed new 
funds would significantly expand support for services to 
prevent abuse and neglect and the removal of children from 
their homes. These increased resources also will work in 
concert with the ongoing Child and Family Service Reviews 
conducted by HHS to identify and address weaknesses in State 
and local child protection systems. The program has received 
incremental increases in mandatory appropriations since its 
enactment in 1993, such that total annual funds have grown from 
$60 million in 1994 to $305 million in 2001. The Committee bill 
would result in an additional $1 billion in program support 
over five years, if appropriated at the authorized level. This 
provision also makes a technical change to locate set-asides 
and authorization language in a single section of Title IV-B of 
the Social Security Act.
    The provision includes additional percentage set-asides for 
evaluation, research, training and technical assistance, State 
Court Improvements, and Indian tribes, applicable to the up to 
$200 million in new annual funding that may be appropriated for 
each of fiscal years 2002 through 2006. The percentages are 
designed, should the entire $200 million in additional funds be 
appropriated each year, to support the full amount of funding 
sought for these purposes in the President's original proposal 
and reflected in H.R. 2873 as introduced. Should less than $200 
million be appropriated in any year, this approach will make 
additional funds available for these purposes on a sliding 
scale basis.

                 Section 107. State Court Improvements

Present law

    Entitlement funding for State court improvements is 
included in Section 430 of the Social Security Act while 
details concerning the purpose, requirements and allocation of 
these grants are included in Section 13712 of the Omnibus 
Budget Reconciliation Act of 1993 (P.L. 103-66).

Explanation of provision

    This provision amends the description of the State court 
improvement grants by providing that money is for assessment 
and implementation of ``improvements,'' and specifies that 
those improvements are to provide for the safety, well-being, 
and permanence of children as set forth in the Adoption and 
Safe Families Act, and to implement corrective action plans, as 
necessary, resulting from the Children and Family Services 
reviews under Section 1132(a) of the Social Security Act.
    The eligibility criteria for an allotment is amended by 
stating that a State Court must be conducting assessment and 
``improvement'' activities. Continued State Court Improvement 
grants are authorized for fiscal years 2002 through 2006, and 
the heading requiring a non-federal match of 25 percent is 
renamed ``Federal Share.'' Specific language related to the 
1995 funding level is removed. The State Court Improvement 
program is relocated from the Omnibus Budget Reconciliation Act 
of 1993 to a new Section 437 of the Social Security Act.

Reason for change

    Changes also are made to clarify that the intent of the 
State Court Improvement program is to (1) assist the State 
Courts in meeting the expectations of ASFA regarding the 
safety, well-being, and permanency of children in foster care; 
and (2) address any issues identified as needing corrective 
action to comply with Children and Family Services Reviews. 
Children and Family Services Reviews are comprehensive 
oversight and assessment activities of State and local child 
protection and child welfare programs performed by the 
Secretary. State Court Improvement programs have proved an 
important catalyst for collaboration between State agencies and 
the judicial branch toward the mutual goals of protecting 
children and promoting their well-being and permanent living 
arrangements.
    Technical changes are made to co-locate the State Court 
Improvement program with the other related Promoting Safe and 
Stable Families sections of the Social Security Act.

    Section 121. Mentoring Children of Prisoners; Program Authorized

Present law

    No provision.

Explanation of provision

    The legislation authorizes a new program to fund grants for 
the mentoring of children of prisoners. Findings are included 
highlighting the fact that the number of children with a parent 
in Federal or State prison doubled in the 1990s. The Congress 
also finds that children often face difficulties associated 
with the stress and trauma of parental arrest and confinement. 
Further, research demonstrates that mentoring programs can have 
an impact on children's behavior. The legislation defines the 
purpose of the grants as to support the establishment or 
expansion of mentoring networks in areas with substantial 
concentrations of children of incarcerated parents. The 
legislation also defines terms used in this section, making 
clear that the mentoring programs are to be one-on-one matched 
relationships between adult volunteers and the children of 
those incarcerated in a Federal, State, or local correctional 
facility.
    The Committee bill authorizes grants for fiscal years 2002 
through 2006, with a maximum individual grant of $5 million. 
State or local government entities, community-based or faith-
based organizations, and Indian tribes or tribal consortia are 
eligible to apply for a grant under this program. Applicants 
are required to provide certain information concerning the 
design of the program, public and private entities consulted or 
participating in the mentoring network, and records and reports 
required by the Secretary for the purpose of evaluating the 
program. The Federal share of funding for the grants is capped 
at 75 percent in the first two years of the grant and 50 
percent in the remaining years of the grant.
    The Secretary is required to consider the qualifications 
and capacity of applicants to carry out the program 
effectively, the consultation with existing youth and family 
service programs, as well as the comparative severity of need 
in the area where the applicant will operate the program. The 
Secretary also is required to evaluate the program and report 
any findings to the Congress by April 15, 2005. The legislation 
authorizes $67 million for this program for each of fiscal 
years 2002 and 2003, and such sums as may be necessary for each 
succeeding fiscal year; 2.5 percent of the funds authorized are 
to be reserved by the Secretary for conducting evaluations of 
the program.

Reason for change

    This initiative was a priority sought by the President in 
his fiscal year 2002 budget. The Committee bill creates a new 
program to provide children of prisoners with supportive adult 
mentoring relationships. The number of individuals incarcerated 
as well as the number of children of incarcerated individuals 
has increased substantially in recent years, and the children 
of prisoners often face particular challenges. While the needs 
of these children and their communities are complex, the 
Committee finds that mentoring networks like the Amachi program 
in Philadelphia, Pennsylvania have had a remarkable impact both 
on the children they serve and the community at large by 
bringing people together to address the needs of families 
affected by incarceration.

              Title II--Foster Care and Independent Living


Section 201. Educational and Training Vouchers for Youths Aging Out of 
                              Foster Care

Present law

    The Chafee Foster Care Independence Program (CFCIP) 
established under Title IV-E of the Social Security Act seeks 
to identify and assist children likely to remain in foster care 
until the age of 18. The $140 million entitlement grant program 
to the States includes among its purposes to assist these youth 
in making the transition to self-sufficiency by providing help 
in obtaining a high school diploma, postsecondary education or 
vocational training, job placement and retention services, 
training in daily living skills and financial affairs, and 
other appropriate support services. States must submit a plan 
to the Secretary describing how services will be provided to 
this population and make certain certifications including that 
no more than 30 percent of grant funds are to be used for room 
and board.
    State allotments are based on the State's share of the 
nation's foster care population and minimum grant amounts are 
set at $500,000. Funds, provided quarterly, must not supplant 
other available State funds for these purposes. States also 
must provide a 20 percent match on all funds received. Each 
annual allotment is to remain available for expenditure by the 
State for up to two fiscal years.

Explanation of provision

    The Committee bill creates a new discretionary grant 
program to provide for education vouchers for youths aging out 
of foster care. The legislation expands upon the purposes of 
the CFCIP to include making vouchers available for 
postsecondary training and education to youths who have aged 
out of foster care. It also describes several requirements 
under the program, including that youths age 16 and over (and 
up to age 23 at State option) are eligible for vouchers in 
amounts of up to $5,000 per year or the cost of the education 
or training program, whichever is less. The value of a voucher 
may not be counted in determining financial eligibility for 
other forms of Federal assistance. However, agencies must take 
steps to prevent duplication of benefits under this or any 
other Federal or Federally supported program. The legislation 
also requires State certifications under CFCIP to include 
demonstrations of State efforts to avoid duplication of 
benefits and to ensure that no more than the cost of attendance 
in the training or education program is supported through the 
voucher.
    The Committee bill authorizes the education voucher program 
as a separate discretionary appropriation of $60 million in 
each of fiscal years 2002 through 2006. The formula for 
allotting the State shares under the education voucher program 
is the same as the formula under the CFCIP. However, there is 
no minimum grant provision per State as in the underlying 
CFCIP.

Reason for change

    The Committee remains concerned by the challenges facing 
youth who age out of the foster care system without a permanent 
home. Previous legislation sponsored by the Committee doubled 
funding for services specifically to assist this population. 
The provision of education vouchers, as proposed by the 
President in his fiscal year 2002 budget and provided under the 
Committee bill, will further support these youth.

            Section 202. Reallocation and Extension of Funds

Present law

    No provision.

Explanation of provision

    The legislation provides the Secretary with authority to 
reallocate CFCIP funds for which States did not apply to other 
States on the basis of need, as determined by the Secretary. 
The legislation also provides for a temporary expansion of the 
rule that States must spend program funds within 2 years, 
permitting States to spend fiscal year 2000 funds in 2000, 2001 
or 2002.

Reason for change

    The Committee bill restores a provision inadvertently 
dropped during the 1999 reauthorization of the program allowing 
unused CFCIP funds to be reallotted to other States, ensuring 
the maximum availability of funds authorized by the program. 
The Committee also provides an additional one-year extension in 
the availability of fiscal year 2000 funds, allowing States to 
use these funds in fiscal years 2000, 2001, or 2002. This 
change is designed to accommodate States' need to expand 
programs in accordance with the large increases in funds 
provided in fiscal year 2000.

                       Title III--Effective Date


                      Section 301. Effective Date

Present law

    Not applicable.

Explanation of provision

    Except as provided below, amendments made by the Committee 
bill take effect upon enactment. If the Secretary determines 
that enactment of State legislation (other than appropriations) 
is needed for a State's Title IV-B or IV-E plan to comply, the 
plan will not be considered out of compliance on that basis 
until after completion of the first regular session of the 
State legislature (or the first year of a two-year legislative 
session) that begins after enactment of this Act.

Reason for change

    States are provided ample time to make any necessary 
changes to State laws to comply with the Committee bill.

                      III. VOTES OF THE COMMITTEE

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the following statements are made 
concerning the votes of the Committee on Ways and Means in its 
consideration of the bill, H.R. 2873.

                       MOTION TO REPORT THE BILL

    The bill, H.R. 2873, as amended, was ordered favorably 
reported by voice vote (with a quorum being present).

                          VOTES ON AMENDMENTS

    A rollcall vote was conducted on the following amendment to 
the Chairman's amendmentin the nature of a substitute.
    An amendment by Mr. Cardin providing mandatory funding for 
the Safe and Stable Families Program increases and education 
vouchers was defeated by a rollcall vote of 14 yeas to 20 nays. 
The vote was as follows:

----------------------------------------------------------------------------------------------------------------
             Representatives                Yea       Nay             Representatives             Yea      Nay
----------------------------------------------------------------------------------------------------------------
Mr. Thomas..............................                 X   Mr. Rangel......................
Mr. Crane...............................                 X   Mr. Stark.......................        X
Mr. Shaw................................                 X   Mr. Matsui......................        X
Mrs. Johnson............................                 X   Mr. Coyne.......................        X
Mr. Houghton............................                     Mr. Levin.......................        X
Mr. Herger..............................                 X   Mr. Cardin......................        X
Mr. McCrery.............................                     Mr. McDermott...................        X
Mr. Camp................................                 X   Mr. Kleczka.....................
Mr. Ramstad.............................                 X   Mr. Lewis (GA)..................        X
Mr. Nussle..............................                 X   Mr. Neal........................        X
Mr. Johnson.............................                 X   Mr. McNulty.....................
Ms. Dunn................................                     Mr. Jefferson...................        X
Mr. Collins.............................                 X   Mr. Tanner......................        X
Mr. Portman.............................                 X   Mr. Becerra.....................        X
Mr. English.............................                 X   Mrs. Thurman....................        X
Mr. Watkins.............................                 X   Mr. Doggett.....................        X
Mr. Hayworth............................                 X   Mr. Pomeroy.....................        X
Mr. Weller..............................                 X
Mr. Hulshof.............................                 X
Mr. McInnis.............................
Mr. Lewis (KY)..........................                 X
Mr. Foley...............................                 X
Mr. Brady...............................                 X
Mr. Ryan................................                 X
----------------------------------------------------------------------------------------------------------------

                     IV. BUDGET EFFECTS OF THE BILL


               A. Committee Estimate of Budgetary Effects

    In compliance with clause 3(d)(2) of rule XIII of the Rules 
of the House of Representatives, the following statement is 
made:
    The Committee agrees with the estimate prepared by the 
Congressional Budget office (CBO) which is included below.

    B. Statement Regarding New Budget Authority and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee states that the 
Committee bill results in direct spending of ______ over 5 
years and a decrease in revenues of ______ over 5 years. This 
amount is accommodated by the allocation to the Committee under 
the Budget Resolution.

      C. Cost Estimate Prepared by the Congressional Budget Office

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives requiring a cost estimate 
prepared by the Congressional Budget Office (CBO), the 
following report prepared by CBO is provided.

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 6, 2001.
Hon. William ``Bill'' M. Thomas,
Chairman, Committee on Ways and Means,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2873, the 
Promoting Safe and Stable Families Amendments of 2001.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Christina 
Hawley Sadoti.
            Sincerely,
                                           Steven Lieberman
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 2873--The Promoting Safe and Stable Families Amendments of 2001

    Summary: H.R. 2873 would extend the Promoting Safe and 
Stable Families (PSSF) program through fiscal year 2006. PSSF 
expired at the end of fiscal year 2001. Relative to current 
law, extending this program would cost $305 million each year. 
However, under the rules governing baseline projections, the 
costs of extending PSSF and other large entitlement programs 
are assumed in CBO's estimates of baseline spending. 
Consequently, enacting H.R. 2873 would have no effect on direct 
spending relative to the baseline. Nevertheless, pay-as-you-go 
procedures apply to the bill.
    The bill also would authorize discretionary grants for 
additional spending for PSSF from 2002 through 2006, and would 
permanently authorize grant programs that would provide 
mentoring services to children of prisoners and educational and 
training vouchers for youth leaving foster care. Assuming 
appropriation of the authorized amounts, CBO estimates that 
making such grants would cost about $1.2 billion over the 2002-
2006 period and $2.2 billion from 2002 through 2011.
    H.R. 2873 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
The grant programs authorized by the bill would require 
matching commitments, and CBO estimates and state spending to 
fulfill those requirements would total about $760 million over 
the 2002-2006 period.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 2873 is shown in the following table. 
The cost of this legislation falls within budget function 500 
(education, training, employment, and social services).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in million of dollars--
                                                                    --------------------------------------------
                                                                       2002     2003     2004     2005     2006
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

PSSF discretionary grants (section 106): \1\
    Authorization level............................................      200      200      200      200      200
    Estimated outlays..............................................       16      116      166      186      196
Mentoring children of prisoners (section 121):
    Estimated authorization level..................................       67       67       69       71       71
    Estimated outlays..............................................        5       47       59       68       71
Foster care, independent living education vouchers (section 201):
    Authorization level............................................       60       60       60       60       60
    Estimated outlays..............................................        9       45       60       60       60
Total authorization of appropriations:
    Estimated authorization level..................................      327      327      329      331      333
    Estimated outlays..............................................       30      208      285      314      327
----------------------------------------------------------------------------------------------------------------
\1\ The costs of extending the entitlement program for PSSF at the level of $305 million per year are assumed in
  CBO's baseline projection of spending under current law. Thus, reauthorizing PSSF at this level would have no
  affect on direct spending relative to the baseline.

            Basis of estimate
    For this estimate, CBO assumes that H.R. 2873 will be 
enacted by December 1, 2001, and that the authorized amounts 
will be appropriated for each year. In estimating outlays of 
the appropriated amounts, CBO relied on past spending patterns 
of similar programs.
    Direct Spending.--H.R. 2873 would extend PSSF grants 
through 2006 at $305 million annually. These grants are 
considered entitlements to states, and are available for 
services that provide community-based family support, family 
reunification, and adoption promotion. Although PSSF expired at 
the end of fiscal year 2001, the costs of the program are 
assumed in the baseline according to the rules established by 
the Balanced Budget and Emergency Deficit Control Act. 
Therefore, extending PSSF at this level would not increase 
direct spending relative to CBO's baseline projections.
    Spending Subject to Appropriation.--H.R. 2873 would 
authorize discretionary grants totaling $2.3 billion over the 
2002-2011 period. Assuming appropriation of the authorized 
amounts, CBO estimates that enacting this bill would increase 
discretionary outlays by $30 million in fiscal year 2002 and by 
$2.2 billion over the 2002-2011 period. In addition to the $305 
million in entitlements to states (discussed under the direct 
spending section of this estimate), H.R. 2873 would authorize 
the appropriation of $200 million in each of fiscal years 2002 
through 2006 for PSSF grants. The bill would also authorize new 
grants in the amount of $67 million for fiscal years 2002 and 
2003, and such sums as may be necessary in following fiscal 
years, for competitive grants aimed at providing mentoring 
services to children of incarcerated parents. For the purpose 
of this estimate, CBO has assumed that the authorization for 
years after 2003 is equal to the 2003 authorization adjusted 
for inflation. (Without adjustment for inflation, outlays over 
the 2002-2011 period would be $0.1 billion less.) Finally, the 
bill would permanently authorize $60 million each year for 
educational and training vouchers that would be made available 
for youth who become too old to qualify for foster care, and 
for youth who are adopted from foster care after attaining age 
16.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. Such 
procedures apply to H.R. 2873 because it would extend PSSF, a 
direct spending program. However, because that spending is 
already included in baseline projections, no additional cost 
would be recorded for pay-as-you-go purposes.
    Estimated impact on State, local and tribal governments: 
H.R. 2873 contains no intergovernmental mandates as defined in 
UMRA. The bill would extend and expand a number of grants to 
state, local, and tribal governments, the most significant of 
which would be grants for promoting safe and stable families. 
After accounting for amounts reserved for use by the Secretary 
of Health and Human Services, CBO estimates that federal 
outlays for grants to tribal governments would total about $30 
million, and for grants to state governments, about $2.1 
billion, over the 2002-2006 period. The grants to tribal 
governments would have no matching requirements, but the grants 
to states would require about $700 million in state matching 
funds. The bill also would authorize grants to states for 
educational vouchers to youth who have moved out of the foster 
care system and who are attending post-secondary schools. CBO 
estimates that federal grants to states for this purpose would 
total $234 million over the 2002-2006 period and that states 
would provide about $60 million in matching funds over the same 
period.
    The bill would also authorize grants to public and private 
entities for mentoring programs that target children who have a 
parent in prison. State, local, and tribal governments, as well 
as private entities, could qualify for those grants. Recipients 
would have to match federal funds with either in-kind or cash 
support totaling 25 percent of the program's resources in the 
first two years and 50 percent thereafter.
    Estimated impact on the private sector: This bill contains 
no private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal spending: Christina Hawley 
Sadoti; impact on State, local, and tribal governments: Leo 
Lex; impact on the private sector: Ralph Smith.
    Estimate approved by: Robert A. Sunshine, Assistant 
Director for Budget Analysis.

 V. OTHER MATTERS REQUIRED TO BE DISCUSSED UNDER THE RULES OF THE HOUSE


          A. Committee Oversight Findings and Recommendations

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Subcommittee reports that 
the need for this legislation was confirmed by the oversight 
hearings of the Subcommittee on Human Resources. The hearings 
were as follows:
    The Subcommittee on Human Resources held a hearing on May 
10, 2001 (Serial 107-18) to receive comments on the 
reauthorization of the Promoting Safe and Stable Families 
program. Testimony at the hearing was presented by program 
administrators, advocates, researchers, and Members of the U.S. 
House of Representatives. The Subcommittee also conducted a 
hearing on July 11, 2001 (Serial 107-36) on the President's 
budget proposals, which included testimony from the 
Administration on the proposals included in H.R. 2873 as 
approved by the Committee.

         B. Summary of General Performance Goals and Objectives

    In compliance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee states that 
legislation reauthorizes and makes improvements to the 
Promoting Safe and Stable Families program, the primary Federal 
resource for services to prevent child abuse and neglect; 
creates a competitive grant program to establish and expand 
networks of mentoring services for the children of prisoners; 
and creates an education voucher program for youth aging out of 
foster care.

                 C. Constitutional Authority Statement

    In compliance with clause 3(d)(1) of rule XIII of the Rules 
of the House of Representatives, relating to Constitutional 
Authority, the Committee states that the Subcommittee's action 
in reporting the bill is derived from Article I of the 
Constitution, Section 8 (``The Congress shall have power to lay 
and collect taxes, duties, imposts and excises, to pay the 
debts and to provide for * * * the general Welfare of the 
United States * * *'').

              D. Information Relating to Unfunded Mandates

    This information is provided in accordance with Section 423 
of the Unfunded Mandates Reform Act of 1995 (P.L. 104-4).

       VI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

SOCIAL SECURITY ACT

           *       *       *       *       *       *       *



TITLE IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH 
CHILDREN AND FOR CHILD-WELFARE SERVICES

           *       *       *       *       *       *       *



PART B--CHILD AND FAMILY SERVICES

           *       *       *       *       *       *       *


             Subpart 2--Promoting Safe and Stable Families

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

  [(a) Purposes; Limitations on Authorization of 
Appropriations.--For the purpose of encouraging and enabling 
each State to develop and establish, or expand, and to operate 
a program of family preservation services, community-based 
family support services, time-limited family reunification 
services, and adoption promotion and support services, there 
are authorized to be appropriated to the Secretary the amounts 
described in subsection (b) for the fiscal years specified in 
subsection (b).
  [(b) Description of Amounts.--The amount described in this 
subsection is--
          [(1) for fiscal year 1994, $60,000,000;
          [(2) for fiscal year 1995, $150,000,000;
          [(3) for fiscal year 1996, $225,000,000;
          [(4) for fiscal year 1997, $240,000,000;
          [(5) for fiscal year 1998, the greater of--
                  [(A) $255,000,000; or
                  [(B) the amount described in this subsection 
                for fiscal year 1997, increased by the 
                inflation percentage applicable to fiscal year 
                1998;
          [(6) for fiscal year 1999, $275,000,000;
          [(7) for fiscal year 2000, $295,000,000; and
          [(8) for fiscal year 2001, $305,000,000.
  [(c) Inflation Percentage.--For purposes of subsection 
(b)(5)(B) of this section, the inflation percentage applicable 
to any fiscal year is the percentage (if any) by which--
          [(1) the average of the Consumer Price Index (as 
        defined in section 1(f)(5) of the Internal Revenue Code 
        of 1986) for the 12-month period ending on December 31 
        of the immediately preceding fiscal year; exceeds
          [(2) the average of the Consumer Price Index (as so 
        defined) for the 12-month period ending on December 31 
        of the 2nd preceding fiscal year.
  [(d) Reservation of Certain Amounts.--
          [(1) Evaluation, research, training, and technical 
        assistance.--The Secretary shall reserve $2,000,000 of 
        the amount described in subsection (b) for fiscal year 
        1994, and $6,000,000 of the amounts so described for 
        each of fiscal years 1995, 1996, 1997, 1998, 1999, 
        2000, and 2001, for expenditure by the Secretary--
                  [(A) for research, training, and technical 
                assistance related to the program under this 
                subpart; and
                  [(B) for evaluation of State programs funded 
                under this subpart and any other Federal, 
                State, or local program, regardless of whether 
                federally assisted, that is designed to achieve 
                the same purposes as the program under this 
                subpart.
          [(2) State court assessments.--The Secretary shall 
        reserve $5,000,000 of the amount described in 
        subsection (b) for fiscal year 1995, and $10,000,000 of 
        the amounts so described for each of fiscal years 1996, 
        1997, 1998, 1999, 2000, and 2001, for grants under 
        section 13712 of the Omnibus Budget Reconciliation Act 
        of 1993.
          [(3) Indian tribes.--The Secretary shall reserve 1 
        percent of the amounts described in subsection (b) for 
        each fiscal year, for allotment to Indian tribes in 
        accordance with section 433(a).]

SEC. 430. FINDINGS AND PURPOSE.

  (a) Findings.--The Congress finds that there is a continuing 
urgent need to protect children and to strengthen families as 
demonstrated by the following:
          (1) Family support programs directed at specific 
        vulnerable populations have had positive effects on 
        parents, children, or both. The vulnerable populations 
        for which programs have been shown to be effective 
        include teenage mothers with very young children and 
        families that have children with special needs.
          (2) Family preservation programs have been shown to 
        provide extensive and intensive services to families in 
        crisis.
          (3) The time lines established by the Adoption and 
        Safe Families Act of 1997 have made the prompt 
        availability of services to address family problems 
        (and in particular the prompt availability of 
        appropriate services and treatment addressing substance 
        abuse) an important factor in successful family 
        reunification.
          (4) The rapid increases in the annual number of 
        adoptions since the enactment of the Adoption and Safe 
        Families Act of 1997 have created a growing need for 
        postadoption services and for service providers with 
        the particular knowledge and skills required to address 
        the unique issues adoptive families and children may 
        face.
  (b) Purpose.--The purpose of this program is to enable States 
to develop and establish, or expand, and to operate coordinated 
programs of community-based family support services, family 
preservation services, time-limited family reunification 
services, and adoption promotion and support services to 
accomplish the following objectives:
          (1) To prevent child maltreatment among families at 
        risk through the provision of supportive family 
        services.
          (2) To assure children's safety within the home and 
        preserve intact families in which children have been 
        maltreated, when the family's problems can be addressed 
        effectively.
          (3) To address the problems of families whose 
        children have been placed in foster care so that 
        reunification may occur in a safe and stable manner in 
        accordance with the Adoption and Safe Families Act of 
        1997.
          (4) To support adoptive families by providing support 
        services as necessary so that they can make a lifetime 
        commitment to their children.

SEC. 431. DEFINITIONS.

  (a) In General.--As used in this subpart:
          (1) Family preservation services.--The term ``family 
        preservation services'' means services for children and 
        families designed to help families (including adoptive 
        and extended families) at risk or in crisis, 
        including--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) respite care of children to provide 
                temporary relief for parents and other 
                caregivers (including foster parents); [and]
                  (E) services designed to improve parenting 
                skills (by reinforcing parents' confidence in 
                their strengths, and helping them to identify 
                where improvement is needed and to obtain 
                assistance in improving those skills) with 
                respect to matters such as child development, 
                family budgeting, coping with stress, health, 
                and nutrition[.]; and
                  (F) infant safe haven programs to provide a 
                way for a parent to safely relinquish a newborn 
                infant at a safe haven designated pursuant to a 
                State law.
          (2) Family support services.--The term ``family 
        support services'' means community-based services to 
        promote the safety and well-being of children and 
        families designed to increase the strength and 
        stability of families (including adoptive, foster, and 
        extended families), to increase parents' confidence and 
        competence in their parenting abilities, to afford 
        children a safe, stable, and supportive family 
        environment, to strengthen parental relationships and 
        promote healthy marriages, and otherwise to enhance 
        child development.

           *       *       *       *       *       *       *


SEC. 433. ALLOTMENTS TO STATES.

  (a) Indian Tribes.--From the amount reserved pursuant to 
section [430(d)(3)] 436(b)(3) for any fiscal year, the 
Secretary shall allot to each Indian tribe with a plan approved 
under this subpart an amount that bears the same ratio to such 
reserved amount as the number of children in the Indian tribe 
bears to the total number of children in all Indian tribes with 
State plans so approved, as determined by the Secretary on the 
basis of the most current and reliable information available to 
the Secretary.
  (b) Territories.--From the amount described in section 
[430(b)] 436(a) for any fiscal year that remains after applying 
section [430(d)] 436(b) for the fiscal year, the Secretary 
shall allot to each of the jurisdictions of Puerto Rico, Guam, 
the Virgin Islands, the Northern Mariana Islands, and American 
Samoa an amount determined in the same manner as the allotment 
to each of such jurisdictions is determined under section 421.
  (c) Other States.--
          (1) In general.--From the amount described in section 
        [430(b)] 436(a) for any fiscal year that remains after 
        applying section [430(d)] 436(b) and subsection (b) of 
        this section for the fiscal year, the Secretary shall 
        allot to each State (other than an Indian tribe) which 
        is not specified in subsection (b) of this section an 
        amount equal to such remaining amount multiplied by the 
        food stamp percentage of the State for the fiscal year.

           *       *       *       *       *       *       *

  (d) Reallotments.--The amount of any allotment to a State 
under this section for any fiscal year that the State certifies 
to the Secretary will not be required for carrying out the 
State plan under section 432 shall be available for reallotment 
using the allotment methodology specified in this section. Any 
amount so reallotted to a State is deemed part of the allotment 
of the State under the preceding provisions of this section.

SEC. 434. PAYMENTS TO STATES.

  [(a) Entitlement.--
          [(1) General rule.--Except as provided in paragraph 
        (2) of this subsection, each State which has a plan 
        approved under this subpart shall be entitled to 
        payment of the lesser of--]
  (a) Entitlement.--Each State that has a plan approved under 
section 432 shall be entitled to payment of the lesser of--
          [(A)] (1) 75 percent of the total expenditures by the 
        State for activities under the plan during the fiscal 
        year or the immediately succeeding fiscal year; or
          [(B)] (2) the allotment of the State under section 
        433 for the fiscal year.
          [(2) Special rule.--Upon submission by a State to the 
        Secretary during fiscal year 1994 of an application in 
        such form and containing such information as the 
        Secretary may require (including, if the State is 
        seeking payment of an amount pursuant to subparagraph 
        (B) of this paragraph, a description of the services to 
        be provided with the amount), the State shall be 
        entitled to payment of an amount equal to the sum of--
                  [(A) such amount, not exceeding $1,000,000, 
                from the allotment of the State under section 
                433 for fiscal year 1994, as the State may 
                require to develop and submit a plan for 
                approval under section 432; and
                  [(B) an amount equal to the lesser of--
                          [(i) 75 percent of the expenditures 
                        by the State for services to children 
                        and families in accordance with the 
                        application and the expenditure rules 
                        of section 432(a)(4); or
                          [(ii) the allotment of the State 
                        under section 433 for fiscal year 1994, 
                        reduced by any amount paid to the State 
                        pursuant to subparagraph (A) of this 
                        paragraph.]
  (b) Prohibitions.--
          (1) No use of other federal funds for state match.--
        Each State receiving an amount paid under [paragraph 
        (1) or (2)(B) of] subsection (a) may not expend any 
        Federal funds to meet the costs of services [described 
        in this subpart] under the State plan under section 432 
        not covered by the amount so paid.
          (2) Availability of funds.--A State may not expend 
        any amount paid under [subsection (a)(1)] subsection 
        (a) for any fiscal year after the end of the 
        immediately succeeding fiscal year.

           *       *       *       *       *       *       *


[SEC. 435. EVALUATIONS.

  [(a) Evaluations.--
          [(1) In general.--The Secretary shall evaluate]

SEC. 435. EVALUATIONS; RESEARCH; TECHNICAL ASSISTANCE.

  (a) Evaluations.--
          (1) In general.--The Secretary shall evaluate and 
        report to the Congress biennially on the effectiveness 
        of the programs carried out pursuant to this subpart in 
        accomplishing the purposes of this subpart, and may 
        evaluate any other Federal, State, or local program, 
        regardless of whether federally assisted, that is 
        designed to achieve the same purposes as the program 
        under this subpart, in accordance with criteria 
        established in accordance with paragraph (2).

           *       *       *       *       *       *       *

          (3) Timing of report.--Beginning in 2003, the 
        Secretary shall submit the biennial report required by 
        this subsection not later than April 1 of every other 
        year, and shall include in each such report the funding 
        level, the status of ongoing evaluations, findings to 
        date, and the nature of any technical assistance 
        provided to States under subsection (d).

           *       *       *       *       *       *       *

  (c) Research.--The Secretary shall give priority 
consideration to the following topics for research and 
evaluation under this subsection, using rigorous evaluation 
methodologies where feasible:
          (1) Promising program models in the service 
        categories specified in section 430(b), particularly 
        time-limited reunification services and postadoption 
        services.
          (2) Multi-disciplinary service models designed to 
        address parental substance abuse and to reduce its 
        impacts on children.
          (3) The efficacy of approaches directed at families 
        with specific problems and with children of specific 
        age ranges.
          (4) The outcomes of adoptions finalized after 
        enactment of the Adoption and Safe Families Act of 
        1997.
  (d) Technical Assistance.--To the extent funds are available 
therefor, the Secretary shall provide technical assistance that 
helps States and Indian tribes to--
          (1) develop research-based protocols for identifying 
        families at risk of abuse and neglect of use in the 
        field;
          (2) develop treatment models that address the needs 
        of families at risk, particularly families with 
        substance abuse issues;
          (3) implement programs with well-articulated theories 
        of how the intervention will result in desired changes 
        among families at risk;
          (4) establish mechanisms to ensure that service 
        provision matches the treatment model; and
          (5) establish mechanisms to ensure that postadoption 
        services meet the needs of the individual families and 
        develop models to reduce the disruption rates of 
        adoption.

SEC. 436. AUTHORIZATION OF APPROPRIATIONS; RESERVATION OF CERTAIN 
                    AMOUNTS.

  (a) Authorization.--There are authorized to be appropriated 
to carry out the provisions of this subpart $305,000,000 for 
each of fiscal years 2002 through 2006.
  (b) Reservation of Certain Amounts.--From the amount 
specified in subsection (a) for a fiscal year, the Secretary 
shall reserve amounts as follows:
          (1) Evaluation, research, training, and technical 
        assistance.--The Secretary shall reserve $6,000,000 for 
        expenditure by the Secretary--
                  (A) for research, training, and technical 
                assistance costs related to the program under 
                this subpart; and
                  (B) for evaluation of State programs based on 
                the plans approved under section 432 and funded 
                under this subpart, and any other Federal, 
                State, or local program, regardless of whether 
                federally assisted, that is designed to achieve 
                the same purposes as the State programs.
          (2) State court improvements.--The Secretary shall 
        reserve $10,000,000 for grants under section 438.
          (3) Indian tribes.--The Secretary shall reserve 1 
        percent for allotment to Indian tribes in accordance 
        with section 433(a).

SEC. 437. DISCRETIONARY GRANTS.

  (a) Limitations on Authorization of Appropriations.--In 
addition to any amount appropriated pursuant to section 436, 
there are authorized to be appropriated to carry out this 
section $200,000,000 for each of fiscal years 2002 through 
2006.
  (b) Reservation of Certain Amounts.--From the amount (if any) 
appropriated pursuant to subsection (a) for a fiscal year, the 
Secretary shall reserve amounts as follows:
          (1) Evaluation, research, training, and technical 
        assistance.--The Secretary shall reserve 3.3 percent 
        for expenditure by the Secretary for the activities 
        described in section 436(b)(1).
          (2) State court improvements.--The Secretary shall 
        reserve 3.3 percent for grants under section 438.
          (3) Indian tribes.--The Secretary shall reserve 2 
        percent for allotment to Indian tribes in accordance 
        with subsection (c)(1).
  (c) Allotments.--
          (1) Indian tribes.--From the amount (if any) reserved 
        pursuant to subsection (b)(3) for any fiscal year, the 
        Secretary shall allot to each Indian tribe with a plan 
        approved under this subpart an amount that bears the 
        same ratio to such reserved amount as the number of 
        children in the Indian tribe bears to the total number 
        of children in all Indian tribes with State plans so 
        approved, as determined by the Secretary on the basis 
        of the most current and reliable information available 
        to the Secretary.
          (2) Territories.--From the amount (if any) 
        appropriated pursuant to subsection (a) for any fiscal 
        year that remains after applying subection (b) for the 
        fiscal year, the Secretary shall allot to each of the 
        jurisdictions of Puerto Rico, Guam, the Virgin Islands, 
        the Northern Mariana Islands, and American Samoa an 
        amount determined in the same manner as the allotment 
        to each of such jurisdictions is determined under 
        section 421.
          (3) Other states.--From the amount (if any) 
        appropriated pursuant to subsection (a) for any fiscal 
        year that remains after applying subsection (b) and 
        paragraph (2) of this subsection for the fiscal year, 
        the Secretary shall allot to each State (other than an 
        Indian tribe) which is not specified in paragraph (2) 
        of this subsection an amount equal to such remaining 
        amount multiplied by the food stamp percentage (as 
        defined in section 433(c)(2)) of the State for the 
        fiscal year.
  (d) Grants.--The Secretary may make a grant to a State which 
has a plan approved under this subpart in an amount equal to 
the lesser of--
          (1) 75 percent of the total expenditures by the State 
        for activities under the plan during the fiscal year or 
        the immediately succeeding fiscal year; or
          (2) the allotment of the State under subsection (c) 
        for the fiscal year.
  (e) Applicability of Certain Rules.--The rules of subsections 
(b) and (c) of section 434 shall apply in like manner to the 
amounts made available pursuant to this section.

SEC. 438. ENTITLEMENT FUNDING FOR STATE COURTS TO ASSESS AND IMPROVE 
                    HANDLING OF PROCEEDINGS RELATING TO FOSTER CARE AND 
                    ADOPTION.

  (a) In General.--The Secretary shall make grants, in 
accordance with this section, to the highest State courts in 
States participating in the program under part E, for the 
purpose of enabling such courts--
          (1) to conduct assessments, in accordance with such 
        requirements as the Secretary shall publish, of the 
        role, responsibilities, and effectiveness of State 
        courts in carrying out State laws requiring proceedings 
        (conducted by or under the supervision of the courts)--
                  (A) that implement parts B and E;
                  (B) that determine the advisability or 
                appropriateness of foster care placement;
                  (C) that determine whether to terminate 
                parental rights; and
                  (D) that determine whether to approve the 
                adoption or other permanent placement of a 
                child; and
          (2) to implement improvements the highest state 
        courts deem necessary as a result of the assessments, 
        including--
                  (A) to provide for the safety, well-being, 
                and permanence of children in foster care, as 
                set forth in the Adoption and Safe Families Act 
                of 1997 (Public Law 105-89); and
                  (B) to implement a corrective action plan, as 
                necessary, resulting from reviews of child and 
                family service programs under section 1123A of 
                this Act.
          (2) to implement changes deemed necessary as a result 
        of the assessments.
  (b) Applications.--In order to be eligible for a grant under 
this section, a highest State court shall submit to the 
Secretary an application at such time, in such form, and 
including such information and assurances as the Secretary 
shall require.
  (c) Allotments.--
          (1) In general.--Each highest State court which has 
        an application approved under subsection (b), and is 
        conducting assessment and improvement activities in 
        accordance with this section, shall be entitled to 
        payment, for each of fiscal years 2002 through 2006, 
        from the amount reserved pursuant to section 436(b)(2) 
        (and the amount, if any, reserved pursuant to section 
        437(b)(2)), of an amount equal to the sum of $85,000 
        plus the amount described in paragraph (2) of this 
        subsection for the fiscal year.
          (2) Formula.--The amount described in this paragraph 
        for any fiscal year is the amount that bears the same 
        ratio to the amount reserved pursuant to section 
        436(b)(2) (and the amount, if any, reserved pursuant to 
        section 437(b)(2)) for the fiscal year (reduced by the 
        dollar amount specified in paragraph (1) of this 
        subsection for the fiscal year) as the number of 
        individuals in the State who have not attained 21 years 
        of age bears to the total number of such individuals in 
        all States the highest State courts of which have 
        approved applications under subsection (b).
  (d) Federal Share.--Each highest State court which receives 
funds paid under this section may use such funds to pay not 
more than 75 percent of the cost of activities under this 
section in each of fiscal years 2002 through 2006.

SEC. 439. GRANTS FOR PROGRAMS FOR MENTORING CHILDREN OF PRISONERS.

  (a) Findings and Purpose.--
          (1) Findings.--
                  (A) In the period between 1991 and 1999, the 
                number of children with a parent incarcerated 
                in a Federal or State correctional facility 
                increased by more than 100 percent, from 
                approximately 900,000 to approximately 
                2,000,000. In 1999, 2.1 percent of all children 
                in the United States had a parent in Federal or 
                State prison.
                  (B) Prior to incarceration, 64 percent of 
                female prisoners and 44 percent of male 
                prisoners in State facilities lived with their 
                children.
                  (C) Nearly 90 percent of the children of 
                incarcerated fathers live with their mothers, 
                and 79 percent of the children of incarcerated 
                mothers live with a grandparent or other 
                relative.
                  (D) Parental arrest and confinement lead to 
                stress, trauma, stigmatization, and separation 
                problems for children. These problems are 
                coupled with existing problems that include 
                poverty, violence, parental substance abuse, 
                high-crime environments, intrafamilial abuse, 
                child abuse and neglect, multiple care givers, 
                and/or prior separations. As a result, these 
                children often exhibit a broad variety of 
                behavioral, emotional, health, and educational 
                problems that are often compounded by the pain 
                of separation.
                  (E) Empirical research demonstrates that 
                mentoring is a potent force for improving 
                children's behavior across all risk behaviors 
                affecting health. Quality, one-on-one 
                relationships that provide young people with 
                caring role models for future success have 
                profound, life-changing potential. Done right, 
                mentoring markedly advances youths' life 
                prospects. A widely cited 1995 study by Public/
                Private Ventures measured the impact of one Big 
                Brothers Big Sisters program and found 
                significant effects in the lives of youth--
                cutting first-time drug use by almost half and 
                first-time alcohol use by about a third, 
                reducing school absenteeism by half, cutting 
                assaultive behavior by a third, improving 
                parental and peer relationships, giving youth 
                greater confidence in their school work, and 
                improving academic performance.
          (2) Purpose.--The purpose of this section is to 
        authorize the Secretary to make competitive grants to 
        applicants in areas with substantial numbers of 
        children of incarcerated parents, to support the 
        establishment or expansion and operation of programs 
        using a network of public and private community 
        entities to provide mentoring services for children of 
        prisoners.
  (b) Definitions.--In this section:
          (1) Children of prisoners.--The term ``children of 
        prisoners'' means children one or both of whose parents 
        are incarcerated in a Federal, State, or local 
        correctional facility. The term is deemed to include 
        children who are in an ongoing mentoring relationship 
        in a program under this section at the time of their 
        parents' release from prison, for purposes of continued 
        participation in the program.
          (2) Mentoring.--The term ``mentoring'' means a 
        structured, managed program in which children are 
        appropriately matched with screened and trained adult 
        volunteers for one-on-one relationships, involving 
        meetings and activities on a regular basis, intended to 
        meet, in part, the child's need for involvement with a 
        caring and supportive adult who provides a positive 
        role model.
          (3) Mentoring services.--The term ``mentoring 
        services'' means those services and activities that 
        support a structured, managed program of mentoring, 
        including the management by trained personnel of 
        outreach to, and screening of, eligible children; 
        outreach to, education and training of, and liaison 
        with sponsoring local organizations; screening and 
        training of adult volunteers; matching of children with 
        suitable adult volunteer mentors; support and oversight 
        of the mentoring relationship; and establishment of 
        goals and evaluation of outcomes for mentored children.
  (c) Program Authorized.--From the amounts appropriated under 
subsection (h) for a fiscal year that remain after applying 
subsection (h)(2), the Secretary shall make grants under this 
section for each of fiscal years 2002 through 2006 to State or 
local governments, tribal governments or tribal consortia, 
faith-based organizations, and community-based organizations in 
areas that have significant numbers of children of prisoners 
and that submit applications meeting the requirements of this 
section, in amounts that do not exceed $5,000,000 per grant.
  (d) Application Requirements.--In order to be eligible for a 
grant under this section, the chief executive officer of the 
applicant must submit to the Secretary an application 
containing the following:
          (1) Program design.--A description of the proposed 
        program, including--
                  (A) a list of local public and private 
                organizations and entities that will 
                participate in the mentoring network;
                  (B) the name, description, and qualifications 
                of the entity that will coordinate and oversee 
                the activities of the mentoring network;
                  (C) the number of mentor-child matches 
                proposed to be established and maintained 
                annually under the program;
                  (D) such information as the Secretary may 
                require concerning the methods to be used to 
                recruit, screen support, and oversee 
                individuals participating as mentors, (which 
                methods shall include criminal background 
                checks on the individuals), and to evaluate 
                outcomes for participating children, including 
                information necessary to demonstrate compliance 
                with requirements established by the Secretary 
                for the program; and
                  (E) such other information as the Secretary 
                may require.
          (2) Community consultation; coordination with other 
        programs.--A demonstration that, in developing and 
        implementing the program, the applicant will, to the 
        extent feasible and appropriate--
                  (A) consult with public and private community 
                entities, including religious organizations, 
                and including, as appropriate, Indian tribal 
                organizations and urban Indian organizations, 
                and with family members of potential clients;
                  (B) coordinate the programs and activities 
                under the program with other Federal, State, 
                and local programs serving children and youth; 
                and
                  (C) consult with appropriate Federal, State, 
                and local corrections, workforce development, 
                and substance abuse and mental health agencies.
          (3) Equal access for local service providers.--An 
        assurance that public and private entities and 
        community organizations, including religious 
        organizations and Indian organizations, will be 
        eligible to participate on an equal basis.
          (4) Records, reports, and audits.--An agreement that 
        the applicant will maintain such records, make such 
        reports, and cooperate with such reviews or audits as 
        the Secretary may find necessary for purposes of 
        oversight of project activities and expenditures.
          (5) Evaluation.--An agreement that the applicant will 
        cooperate fully with the Secretary's ongoing and final 
        evaluation of the program under the plan, by means 
        including providing the Secretary access to the program 
        and program-related records and documents, staff, and 
        grantees receiving funding under the plan.
  (e) Federal Share.--
          (1) In general.--A grant for a program under this 
        section shall be available to pay a percentage share of 
        the costs of the program up to--
                  (A) 75 percent for the first and second 
                fiscal years for which the grant is awarded; 
                and
                  (B) 50 percent for the third and each 
                succeeding such fiscal years.
          (2) Non-federal share.--The non-Federal share of the 
        cost of projects under this section may be in cash or 
        in kind. In determining the amount of the non-Federal 
        share, the Secretary may attribute fair market value to 
        goods, services, and facilities contributed from non-
        Federal sources.
  (f) Considerations in Awarding Grants.--In awarding grants 
under this section, the Secretary shall take into 
consideration--
          (1) the qualifications and capacity of applicants and 
        networks of organizations to effectively carry out a 
        mentoring program under this section;
          (2) the comparative severity of need for mentoring 
        services in local areas, taking into consideration data 
        on the numbers of children (and in particular of low-
        income children) with an incarcerated parents (or 
        parents) in the areas;
          (3) evidence of consultation with existing youth and 
        family service programs, as appropriate; and
          (4) any other factors the Secretary may deem 
        significant with respect to the need for or the 
        potential success of carrying out a mentoring program 
        under this section.
  (g) Evaluation.--The Secretary shall conduct an evaluation of 
the programs conducted pursuant to this section, and submit to 
the Congress not later than April 15, 2005, a report on the 
findings of the evaluation.
  (h) Authorization of Appropriations; Reservation of Certain 
Amounts.--
          (1) Authorization.--There are authorized to be 
        appropriated to carry out this section $67,000,000 for 
        each of fiscal years 2002 and 2003, and such sums as 
        may be necessary for each succeeding fiscal year.
          (2) Reservation.--The Secretary shall reserve 2.5 
        percent of the amount appropriated for each fiscal year 
        under paragraph (1) for expenditure by the Secretary 
        for research, technical assistance, and evaluation 
        related to programs under this section.

           *       *       *       *       *       *       *


Part E--Federal Payments for Foster Care and Adoption Assistance

           *       *       *       *       *       *       *


                PAYMENTS TO STATES; ALLOTMENTS TO STATES

  Sec. 474. (a) For each quarter beginning after September 30, 
1980, each State which has a plan approved under this part 
shall be entitled to a payment equal to the sum of--
          (1) * * *

           *       *       *       *       *       *       *

          [(4) the lesser of--
                  [(A) 80 percent of the amount (if any) by 
                which--
                          [(i) the total amount expended by the 
                        State during the fiscal year in which 
                        the quarter occurs to carry out 
                        programs in accordance with the State 
                        application approved under section 
                        477(b) for the period in which the 
                        quarter occurs (including any amendment 
                        that meets the requirements of section 
                        477(b)(5)); exceeds
                          [(ii) the total amount of any 
                        penalties assessed against the State 
                        under section 477(e) during the fiscal 
                        year in which the quarter occurs; or
                  [(B) the amount allotted to the State under 
                section 477 for the fiscal year in which the 
                quarter occurs, reduced by the total of the 
                amounts payable to the State under this 
                paragraph for all prior quarters in the fiscal 
                year.]
          (4) an amount equal to the amount (if any) by which--
                  (A) the lesser of--
                          (i) 80 percent of the amounts 
                        expended by the State during the fiscal 
                        year in which the quarter occurs to 
                        carry out programs in accordance with 
                        the State application approved under 
                        section 477(b) for the period in which 
                        the quarter occurs (including any 
                        amendment that meets the requirements 
                        of section 477(b)(5)); or
                          (ii) the amount allotted to the State 
                        under section 477(c)(1) for the fiscal 
                        year in which the quarter occurs, 
                        reduced by the total of the amounts 
                        payable to the State under this 
                        paragraph for all prior quarters in the 
                        fiscal year; exceeds
                  (B) the total amount of any penalties 
                assessed against the State under section 477(e) 
                during the fiscal year in which the quarter 
                occurs.

           *       *       *       *       *       *       *

  (e) Discretionary Grants for Educational and Training 
Vouchers for Youths Aging out of Foster Care.--From amounts 
appropriated pursuant to section 477(h)(2), the Secretarymay 
make a grant to a State with a plan approved under this part, for a 
calendar quarter, in an amount equal to the lesser of--
          (1) 80 percent of the amounts expended by the State 
        during the quarter to carry out programs for the 
        purposes described in section 477(a)(6); or
          (2) the amount, if any, allotted to the State under 
        section 477(c)(3) for the fiscal year in which the 
        quarter occurs, reduced by the total of the amounts 
        payable to the State under this subsection for such 
        purposes for all prior quarters in the fiscal year.

           *       *       *       *       *       *       *


SEC. 477. JOHN H. CHAFEE FOSTER CARE INDEPENDENCE PROGRAM.

  (a) Purpose.--The purpose of this section is to provide 
States with flexible funding that will enable programs to be 
designed and conducted--
          (1) * * *

           *       *       *       *       *       *       *

          (4) to provide personal and emotional support to 
        children aging out of foster care, through mentors and 
        the promotion of interactions with dedicated adults; 
        [and]
          (5) to provide financial, housing, counseling, 
        employment, education, and other appropriate support 
        and services to former foster care recipients between 
        18 and 21 years of age to complement their own efforts 
        to achieve self-sufficiency and to assure that program 
        participants recognize and accept their personal 
        responsibility for preparing for and then making the 
        transition from adolescence to adulthood[.]; and
          (6) to make available vouchers for education and 
        training, including postsecondary training and 
        education, to youths who have aged out of foster care.
  (b) Applications.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Certifications.--The certifications required by 
        this paragraph with respect to a plan are the 
        following:
                  (A)

           *       *       *       *       *       *       *

                  (J) A certification by the chief executive 
                officer of the State that the State educational 
                and training voucher program under this section 
                is in compliance with the conditions specified 
                in subsection (i), including a statement 
                describing methods the State will use--
                          (i) to ensure that the total amount 
                        of educational assistance to a youth 
                        under this section and under other 
                        Federal and Federally supported 
                        programs does not exceed the limitation 
                        specified in subsection (i)(5); and
                          (ii) to avoid duplication of benefits 
                        under this and any other Federal or 
                        Federally assisted benefit program.

           *       *       *       *       *       *       *

  (c) Allotments to States.--
          [(1) In general.--From the amount specified in 
        subsection (h)] (1) General program allotment.--From 
        the amount specified in subsection (h)(1) that remains 
        after applying subsection (g)(2) for a fiscal year, the 
        Secretary shall allot to each State with an application 
        approved under subsection (b) for the fiscal year the 
        amount [which bears the same ratio] which bears the 
        ratio to such remaining amount [as the number of 
        children in foster care under a program of the State in 
        the most recent fiscal year for which such information 
        is available bears to the total number of children in 
        foster care in all States for such most recent fiscal 
        year, as adjusted in accordance with paragraph (2).] 
        equal to the State foster care ratio, as adjusted in 
        accordance with paragraph (2).

           *       *       *       *       *       *       *

          (3) Voucher program allotment.--From the amount, if 
        any, appropriated pursuant to subsection (h)(2) for a 
        fiscal year, the Secretary may allot to each State with 
        an application approved under subsection (b) for the 
        fiscal year an amount equal to the State foster care 
        ratio multiplied by the amount so specified.
          (4) State foster care ratio.--In this subsection, the 
        term ``State foster care ratio'' means the ratio of the 
        number of children in foster care under a program of 
        the State in the most recent fiscal year for which the 
        information is available to the total number of 
        children in foster care in all States for the most 
        recent fiscal year.
  (d) Use of Funds.--
          (1) * * *

           *       *       *       *       *       *       *

          (4) Reallocation of unused funds.--If a State does 
        not apply for funds under this section for a fiscal 
        year within such time as may be provided by the 
        Secretary, the funds to which the State would be 
        entitled for the fiscal year shall be reallocated to 1 
        or more other States on the basis of their relative 
        need for additional payments under this section, as 
        determined by the Secretary.

           *       *       *       *       *       *       *

  (h) Limitations on Authorization of Appropriations.--To carry 
out this section and for payments to States under section 
474(a)(4), [there are authorized to be appropriated to the 
Secretary $140,000,000 for each fiscal year.] there are 
authorized to be appropriated to the Secretary for each fiscal 
year--
          (1) $140,000,000, which shall be available for all 
        purposes under this section; and
          (2) an additional $60,000,000, which are authorized 
        to be available for payments to States for education 
        and training vouchers for youths who age out of foster 
        care, to assist the youths to develop skills necessary 
        to lead independent and productive lives.
  (i) Educational and Training Vouchers.--The following 
conditions shall apply to a State educational and training 
voucher program under this section:
          (1) Vouchers under the program may be available to 
        youths otherwise eligible for services under the State 
        program under this section.
          (2) For purposes of the voucher program, youths 
        adopted from foster care after attaining age 16 may be 
        considered to be youths otherwise eligible for services 
        under the State program under this section.
          (3) The State may allow youths participating in the 
        voucher program on the date they attain 21 years of age 
        to remain eligible until they attain 23 years of age, 
        as long as they are enrolled in a postsecondary 
        education or training program and are making 
        satisfactory progress toward completion of that 
        program.
          (4) The voucher or vouchers provided for an 
        individual under this section--
                  (A) may be available for the cost of 
                attendance at an institution of higher 
                education, as defined in section 102 of the 
                Higher Education Act of 1965; and
                  (B) shall not exceed the lesser of $5,000 per 
                year or the total cost of attendance, as 
                defined in section 472 of that Act.
          (5) The amount of a voucher under this section may be 
        disregarded for purposes of determining the recipient's 
        eligibility for, or the amount of, any other Federal or 
        Federally supported assistance, except that the total 
        amount of educational assistance to a youth under this 
        section and under other Federal and Federally supported 
        programs shall not exceed the total cost of attendance, 
        as defined in section 472 of the Higher Education Act 
        of 1965, and except that the State agency shall take 
        appropriate steps to prevent duplication of benefits 
        under this and other Federal or Federally supported 
        programs.
          (6) The program is coordinated with other appropriate 
        education and training programs.

           *       *       *       *       *       *       *

                              ----------                              


     SECTION 13712 OF THE OMNIBUS BUDGET RECONCILIATION ACT OF 1993

[SEC. 13712. ENTITLEMENT FUNDING FOR STATE COURTS TO ASSESS AND IMPROVE 
                    HANDLING OF PROCEEDINGS RELATING TO FOSTER CARE AND 
                    ADOPTION.

  [(a) In General.--The Secretary shall make grants, in 
accordance with this section, to the highest State courts in 
States participating in the program under part E of title IV of 
the Social Security Act, for the purpose of enabling such 
courts--
          [(1) to conduct assessments, in accordance with such 
        requirements as the Secretary shall publish, of the 
        role, responsibilities, and effectiveness of State 
        courts in carrying out State laws requiring proceedings 
        (conducted by or under the supervision of the courts)--
                  [(A) that implement parts B and E of title IV 
                of such Act;
                  [(B) that determine the advisability or 
                appropriateness of foster care placement;
                  [(C) that determine whether to terminate 
                parental rights; and
                  [(D) that determine whether to approve the 
                adoption or other permanent placement of a 
                child; and
          [(2) to implement changes deemed necessary as a 
        result of the assessments.
  [(b) Applications.--In order to be eligible for a grant under 
this section, a highest State court shall submit to the 
Secretary an application at such time, in such form, and 
including such information and assurances as the Secretary 
shall require.
  [(c) Allotments.--
          [(1) In general.--Each highest State court which has 
        an application approved under subsection (b), and is 
        conducting assessment activities in accordance with 
        this section, shall be entitled to payment, for each of 
        fiscal years 1995 through 2001, from amounts reserved 
        pursuant to section 430(d)(2) of the Social Security 
        Act, of an amount equal to the sum of--
                  [(A) for fiscal year 1995, $75,000 plus the 
                amount described in paragraph (2) for fiscal 
                year 1995; and
                  [(B) for each of fiscal years 1996 through 
                2001, $85,000 plus the amount described in 
                paragraph (2) for each of such fiscal years.
          [(2) Formula.--The amount described in this paragraph 
        for any fiscal year is the amount that bears the same 
        ratio to the amount reserved pursuant to section 
        430(d)(2) of the Social Security Act for the fiscal 
        year (reduced by the dollar amount specified in 
        paragraph (1) of this subsection for the fiscal year) 
        as the number of individuals in the State who have not 
        attained 21 years of age bears to the total number of 
        such individuals in all States the highest State courts 
        of which have approved applications under subsection 
        (b).
  [(d) Use of Grant Funds.--Each highest State court which 
receives funds paid under this section may use such funds to 
pay--
          [(1) any or all costs of activities under this 
        section in fiscal year 1995; and
          [(2) not more than 75 percent of the cost of 
        activities under this section in each of fiscal years 
        1996, 1997, 1998, 1999, 2000, and 2001.]

                         VII. ADDITIONAL VIEWS

    We support the extension of the current Promoting Safe and 
Stable Families Program. However, we lament the fact that the 
Committee's bill fails to guarantee new funding for this 
program as proposed by President Bush and as permitted by 
Congress' Budget Resolution. We do not believe that the 
terrorists attacks of September 11th should deter us from 
making the necessary investments to protect abused and 
neglected children, to help reunite families involved in the 
child welfare system, and to promote the adoption of children 
when they cannot safely return home. We reject the notion that 
our Nation can afford $150 billion in mostly misguided tax 
breaks, which passed the House just last week, but cannot 
afford a little over $1 billion to help and protect vulnerable 
children.
    Merely authorizing new money for this program makes it very 
unlikely that all of the new resources promised by the 
Administration will actually materialize. In fact, 
appropriations legislation that has already passed the House 
provided only $70 million of the total $327 million requested 
by the President to improve the child welfare system--that is 
only 22 cents for every dollar that is needed.
    As originally proposed by President Bush, we support 
providing $1 billion in new mandatory money for the Promoting 
Safe and Stable Families Program over five years and $300 
million over five years for educational assistance for former 
foster children. In 2002 alone, these new resources could 
provide services to roughly an additional 76,000 families 
involved in the child welfare system and provide educational 
assistance to about 12,000 youths who have aged out of foster 
care.
    The current downturn in the economy will impose additional 
strains on at-risk families and therefore only increase the 
need for counseling, caseworker oversight, substance abuse 
treatment, mental health services, respite care, domestic 
violence assistance, post-adoption services and other family 
supports funded by the Promoting Safe and Stable Families 
Program. We should seize this opportunity to ensure the needed 
resources for these services are made available.

                                   Charles B. Rangel.
                                   Karen L. Thurman.
                                   Lloyd Doggett.
                                   Pete Stark.
                                   Jim McDermott.
                                   Jerry Kleczka.
                                   William J. Coyne.
                                   Ben Cardin.
                                   Michael R. McNulty.
                                   Sander Levin.
                                   John Lewis.
                                   Xavier Becerra.
                                   Robert T. Matsui.
                                   Richard E. Neal.

                                
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