IB
Union Calendar No. 168
107TH CONGRESS
1ST SESSION
H. R. 2873
[Report No. 107–281]
To extend and amend the program entitled Promoting Safe and Stable Fami-
lies 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.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 10, 2001
Mr. HERGER (for himself and Mr. CARDIN) introduced the following bill;
which was referred to the Committee on Ways and Means
NOVEMBER 13, 2001
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on September 10, 2001]
A BILL
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
be considered an amendment to the section or other provi-
sion of the Social Security Act.
TITLE I—PROMOTING SAFE AND
STABLE FAMILIES
Subtitle A—Grants to States for
Promoting Safe and Stable Fam-
ilies
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 strength-
en families as demonstrated by the following:
‘‘(1) Family support programs directed at spe-
cific vulnerable populations have had positive effects
on parents, children, or both. The vulnerable popu-
lations for which programs have been shown to be ef-
fective include teenage mothers with very young chil-
dren 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 appro-
priate services and treatment addressing substance
abuse) an important factor in successful family reuni-
fication.
‘‘(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 pro-
viders with the particular knowledge and skills re-
quired to address the unique issues adoptive families
and children may face.
‘‘(b) PURPOSE.—The purpose of this program is to en-
able States to develop and establish, or expand, and to oper-
ate coordinated programs of community-based family sup-
port 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 fami-
lies 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 reuni-
fication 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 subpara-
graph (D);
(2) by striking the period at the end of subpara-
graph (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 new-
born 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 mar-
riages,’’ 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 car-
rying out the State plan under section 432 shall be avail-
able for reallotment using the allotment methodology speci-
fied in this section. Any amount so reallotted to a State
is deemed part of the allotment of the State under the pre-
ceding 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 ap-
proved 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), respec-
tively, 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 sec-
tion 432’’; and
(2) in paragraph (2), by striking ‘‘subsection
(a)(1)’’ and inserting ‘‘subsection (a)’’.
SEC. 105. EVALUATIONS, RESEARCH, AND TECHNICAL AS-
SISTANCE.
Section 435 (42 U.S.C. 629e) is amended—
(1) by striking all that precedes ‘‘the effective-
ness’’ in paragraph (1) of subsection (a), including
the heading for section 435 and the caption for sub-
section (a), and inserting the following:
‘‘SEC. 435. EVALUATIONS; RESEARCH; TECHNICAL ASSIST-
ANCE.
‘‘(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 fol-
lowing:
‘‘(3) TIMING OF REPORT.—Beginning in 2003,
the Secretary shall submit the biennial report re-
quired by this subsection not later than April 1 of
every other year, and shall include in each such re-
port the funding level, the status of ongoing evalua-
tions, findings to date, and the nature of any tech-
nical 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 eval-
uation 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 fami-
lies with specific problems and with children of spe-
cific 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 identi-
fying 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; RESERVA-
TION 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; RES-
ERVATION OF CERTAIN AMOUNTS.
‘‘(a) AUTHORIZATION.—There are authorized to be ap-
propriated 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 Sec-
retary 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 Fed-
eral, 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 Sec-
retary shall reserve $10,000,000 for grants under sec-
tion 438.
‘‘(3) INDIAN TRIBES.—The Secretary shall re-
serve 1 percent for allotment to Indian tribes in ac-
cordance 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 add-
ing at the end the following:
‘‘SEC. 437. DISCRETIONARY GRANTS.
‘‘(a) LIMITATIONS ON AUTHORIZATION OF APPROPRIA-
TIONS.—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 fol-
lows:
‘‘(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 Sec-
retary shall reserve 3.3 percent for grants under sec-
tion 438.
‘‘(3) INDIAN TRIBES.—The Secretary shall re-
serve 2 percent for allotment to Indian tribes in ac-
cordance 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 Sec-
retary 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 ju-
risdictions of Puerto Rico, Guam, the Virgin Islands,
the Northern Mariana Islands, and American Samoa
an amount determined in the same manner as the al-
lotment 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 para-
graph (2) of this subsection an amount equal to such
remaining amount multiplied by the food stamp per-
centage (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 Om-
nibus 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 assess-
ments, 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
(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 pre-
ceding 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 CHIL-
DREN OF PRISONERS.
‘‘(a) FINDINGS AND PURPOSE.—
‘‘(1) FINDINGS.—
‘‘(A) In the period between 1991 and 1999,
the number of children with a parent incarcer-
ated in a Federal or State correctional facility
increased by more than 100 percent, from ap-
proximately 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 pris-
oners in State facilities lived with their children.
‘‘(C) Nearly 90 percent of the children of in-
carcerated fathers live with their mothers, and
79 percent of the children of incarcerated moth-
ers 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 cou-
pled 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 ex-
hibit 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 chil-
dren’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 po-
tential. Done right, mentoring markedly ad-
vances 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 paren-
tal 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 chil-
dren of incarcerated parents, to support the establish-
ment or expansion and operation of programs using
a network of public and private community entities
to provide mentoring services for children of pris-
oners.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) CHILDREN OF PRISONERS.—The term ‘chil-
dren 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 relation-
ship in a program under this section at the time of
their parents’ release from prison, for purposes of con-
tinued 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, involv-
ing meetings and activities on a regular basis, in-
tended to meet, in part, the child’s need for involve-
ment with a caring and supportive adult who pro-
vides a positive role model.
‘‘(3) MENTORING
SERVICES.—The term ‘men-
toring services’ means those services and activities
that support a structured, managed program of men-
toring, including the management by trained per-
sonnel of outreach to, and screening of, eligible chil-
dren; outreach to, education and training of, and li-
aison 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 establish-
ment of goals and evaluation of outcomes for
mentored children.
‘‘(c) PROGRAM AUTHORIZED.—From the amounts ap-
propriated under subsection (h) for a fiscal year that re-
main 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 govern-
ments or tribal consortia, faith-based organizations, and
community-based organizations in areas that have signifi-
cant numbers of children of prisoners and that submit ap-
plications meeting the requirements of this section, in
amounts that do not exceed $5,000,000 per grant.
‘‘(d) APPLICATION REQUIREMENTS.—In order to be el-
igible for a grant under this section, the chief executive offi-
cer of the applicant must submit to the Secretary an appli-
cation containing the following:
‘‘(1) PROGRAM
DESIGN.—A description of the
proposed program, including—
‘‘(A) a list of local public and private orga-
nizations and entities that will participate in
the mentoring network;
‘‘(B) the name, description, and qualifica-
tions of the entity that will coordinate and over-
see the activities of the mentoring network;
‘‘(C) the number of mentor-child matches
proposed to be established and maintained annu-
ally under the program;
‘‘(D) such information as the Secretary
may require concerning the methods to be used
to recruit, screen support, and oversee individ-
uals participating as mentors, (which methods
shall include criminal background checks on the
individuals), and to evaluate outcomes for par-
ticipating children, including information nec-
essary to demonstrate compliance with require-
ments established by the Secretary for the pro-
gram; and
‘‘(E) such other information as the Sec-
retary may require.
‘‘(2) COMMUNITY CONSULTATION; COORDINATION
WITH OTHER PROGRAMS.—A demonstration that, in
developing and implementing the program, the appli-
cant will, to the extent feasible and appropriate—
‘‘(A) consult with public and private com-
munity entities, including religious organiza-
tions, and including, as appropriate, Indian
tribal organizations and urban Indian organiza-
tions, and with family members of potential cli-
ents;
‘‘(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 develop-
ment, and substance abuse and mental health
agencies.
‘‘(3) EQUAL ACCESS FOR LOCAL SERVICE PRO-
VIDERS.—An assurance that public and private enti-
ties and community organizations, including reli-
gious 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 ex-
penditures.
‘‘(5) EVALUATION.—An agreement that the ap-
plicant will cooperate fully with the Secretary’s ongo-
ing and final evaluation of the program under the
plan, by means including providing the Secretary ac-
cess 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 percent-
age share of the costs of the program up to—
‘‘(A) 75 percent for the first and second fis-
cal years for which the grant is awarded; and
‘‘(B) 50 percent for the third and each suc-
ceeding 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 contrib-
uted 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 appli-
cants and networks of organizations to effectively
carry out a mentoring program under this section;
‘‘(2) the comparative severity of need for men-
toring services in local areas, taking into consider-
ation data on the numbers of children (and in par-
ticular 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 poten-
tial 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 sec-
tion, and submit to the Congress not later than April 15,
2005, a report on the findings of the evaluation.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS; RESERVA-
TION 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 Sec-
retary for research, technical assistance, and evalua-
tion 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 para-
graph (5) and inserting ‘‘; and’’; and
(3) by adding at the end the following new para-
graph:
‘‘(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.—Sec-
tion 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 avail-
able 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 postsec-
ondary education or training program and are mak-
ing satisfactory progress toward completion of that
program.
‘‘(4) The voucher or vouchers provided for an in-
dividual under this section—
‘‘(A) may be available for the cost of attend-
ance at an institution of higher education, as de-
fined 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 Fed-
erally 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 ap-
propriate 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 Feder-
ally 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 Feder-
ally assisted benefit program.’’.
(d) INCREASED AUTHORIZATIONS
OF APPROPRIA-
TIONS.—Section 477(h) (42 U.S.C. 677(h)) is amended by
striking ‘‘there are authorized’’ and all that follows and in-
serting the following: ‘‘there are authorized to be appro-
priated 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 au-
thorized 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 in-
serting ‘‘(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 para-
graphs:
‘‘(3) VOUCHER
PROGRAM
ALLOTMENT.—From
the amount, if any, appropriated pursuant to sub-
section (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 sub-
section, 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 ex-
pended by the State during the fiscal year
in which the quarter occurs to carry out
programs in accordance with the State ap-
plication approved under section 477(b) for
the period in which the quarter occurs (in-
cluding any amendment that meets the re-
quirements 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 as-
sessed against the State under section 477(e)
during the fiscal year in which the quarter oc-
curs.’’.
(2) DISCRETIONARY GRANTS.—Section 474 (42
U.S.C. 674) is amended by adding at the end the fol-
lowing:
‘‘(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 deter-
mined 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 RE-
QUIRED.—In the case of a State plan under subpart 2 of
part B or part E of the Social Security Act that the Sec-
retary of Health and Human Services determines requires
State legislation (other than legislation appropriating
funds) in order for the plan to meet the additional require-
ments 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