PUBLIC LAW 107–133—JAN. 17, 2002 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 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,

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.

42 USC 1305

note.

Promoting Safe

and Stable

Families

Amendments of

2001.

Jan. 17, 2002

[H.R. 2873]

115 STAT. 2414 PUBLIC LAW 107–133—JAN. 17, 2002

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.’’.

PUBLIC LAW 107–133—JAN. 17, 2002 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:

115 STAT. 2416 PUBLIC LAW 107–133—JAN. 17, 2002

‘‘(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,

42 USC 629f.

Deadline.

PUBLIC LAW 107–133—JAN. 17, 2002 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. 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,

42 USC 629g.

115 STAT. 2418 PUBLIC LAW 107–133—JAN. 17, 2002

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)—

PUBLIC LAW 107–133—JAN. 17, 2002 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 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

42 USC 629i.

42 USC 629h.

115 STAT. 2420 PUBLIC LAW 107–133—JAN. 17, 2002

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 oneon-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;

PUBLIC LAW 107–133—JAN. 17, 2002 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.

115 STAT. 2422 PUBLIC LAW 107–133—JAN. 17, 2002

‘‘(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 CER- TAIN AMOUNTS.— ‘‘(1) AUTHORIZATION.—There are authorized to be appro- priated 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.

Deadline.

Reports.

PUBLIC LAW 107–133—JAN. 17, 2002 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)—

115 STAT. 2424 PUBLIC LAW 107–133—JAN. 17, 2002

(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

PUBLIC LAW 107–133—JAN. 17, 2002 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 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-

42 USC 629 note.

42 USC 677 note.

115 STAT. 2426 PUBLIC LAW 107–133—JAN. 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.

Æ

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.