H. R. 2873—10
‘‘(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 net-
works 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 sec-
tion.’’.
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.
H. R. 2873—11
‘‘(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 comple-
tion 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 eligi-
bility for, or the amount of, any other Federal or Federally
supported assistance, except that the total amount of edu-
cational 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 condi-
tions 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 author-
ized’’ 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)—
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(A) by striking ‘‘(1) IN GENERAL.—From the amount
specified in subsection (h)’’ and inserting ‘‘(1) GENERAL
PROGRAM ALLOTMENT.—From the amount specified in sub-
section (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 avail-
able 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
H. R. 2873—13
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 legisla-
tion 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-
H. R. 2873—14
year legislative session, each year of the session shall be deemed
to be a separate regular session of the State legislature.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.