[107th Congress Public Law 133]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ133.107]
[[Page 115 STAT. 2413]]
Public Law 107-133
107th Congress
An Act
To extend and amend the program entitled Promoting Safe and Stable
Families under title IV-B, subpart 2 of the Social Security Act, and to
provide new authority to support programs <<NOTE: Jan. 17, 2002 - [H.R.
2873]>> for mentoring children of incarcerated parents; to amend the
Foster Care Independent Living program under title IV-E of that Act to
provide for educational and training vouchers for youths aging out of
foster care, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Promoting Safe
and Stable Families Amendments of 2001.>>
SECTION 1. <<NOTE: 42 USC 1305 note.>> 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.
[[Page 115 STAT. 2414]]
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.''.
[[Page 115 STAT. 2415]]
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:
[[Page 115 STAT. 2416]]
``(3) <<NOTE: Deadline.>> 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. <<NOTE: 42 USC 629f.>> 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,
[[Page 115 STAT. 2417]]
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. <<NOTE: 42 USC 629g.>> 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,
[[Page 115 STAT. 2418]]
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)--
[[Page 115 STAT. 2419]]
(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 <<NOTE: 42 USC 629h.>> 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. <<NOTE: 42 USC 629i.>> 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
[[Page 115 STAT. 2420]]
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;
[[Page 115 STAT. 2421]]
``(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.
[[Page 115 STAT. 2422]]
``(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.-- <<NOTE: Deadline. Reports.>> 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.
[[Page 115 STAT. 2423]]
``(3) The State may allow youths participating in the
voucher program on the date they attain 21 years of age to
remain eligible until they attain 23 years of age, as long as
they are enrolled in a postsecondary education or training
program and are making satisfactory progress toward completion
of that program.
``(4) The voucher or vouchers provided for an individual
under this section--
``(A) may be available for the cost of attendance at
an institution of higher education, as defined in
section 102 of the Higher Education Act of 1965; and
``(B) shall not exceed the lesser of $5,000 per year
or the total cost of attendance, as defined in section
472 of that Act.
``(5) The amount of a voucher under this section may be
disregarded for purposes of determining the recipient's
eligibility for, or the amount of, any other Federal or
Federally supported assistance, except that the total amount of
educational assistance to a youth under this section and under
other Federal and Federally supported programs shall not exceed
the total cost of attendance, as defined in section 472 of the
Higher Education Act of 1965, and except that the State agency
shall take appropriate steps to prevent duplication of benefits
under this and other Federal or Federally supported programs.
``(6) The program is coordinated with other appropriate
education and training programs.''.
(c) Certification.--Section 477(b)(3) (42 U.S.C. 677(b)(3)) is
amended by adding at the end the following:
``(J) A certification by the chief executive officer
of the State that the State educational and training
voucher program under this section is in compliance with
the conditions specified in subsection (i), including a
statement describing methods the State will use--
``(i) to ensure that the total amount of
educational assistance to a youth under this
section and under other Federal and Federally
supported programs does not exceed the limitation
specified in subsection (i)(5); and
``(ii) to avoid duplication of benefits under
this and any other Federal or Federally assisted
benefit program.''.
(d) Increased Authorizations of Appropriations.--Section 477(h) (42
U.S.C. 677(h)) is amended by striking ``there are authorized'' and all
that follows and inserting the following: ``there are authorized to be
appropriated to the Secretary for each fiscal year--
``(1) $140,000,000, which shall be available for all
purposes under this section; and
``(2) an additional $60,000,000, which are authorized to be
available for payments to States for education and training
vouchers for youths who age out of foster care, to assist the
youths to develop skills necessary to lead independent and
productive lives.''.
(e) Allotments to States.--Section 477(c) (42 U.S.C. 677(c)) is
amended--
(1) in paragraph (1)--
[[Page 115 STAT. 2424]]
(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
[[Page 115 STAT. 2425]]
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 <<NOTE: 42 USC 677 note.>> 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. <<NOTE: 42 USC 629 note.>> 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-
[[Page 115 STAT. 2426]]
year legislative session, each year of the session shall be deemed to be
a separate regular session of the State legislature.
Approved January 17, 2002.
LEGISLATIVE HISTORY--H.R. 2873:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 107-281 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 147 (2001):
Nov. 13, considered and passed House.
Dec. 13, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
Jan. 17, Presidential remarks.
<all>