Promoting Safe and Stable Families Amendments of 2001
PL 107-133 (H.R.2873), enacted 01/17/2002

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 
FamiHes 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 Secu-
rity Act. 
Jan. 17, 2002 
[H.R. 2873] 
Promoting Safe 
and Stable 
Families 
Amendments of 
2001. 
42 u s e 1305 
note. 
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 dem-
onstrated by the following: 
"(1) Family support programs directed at specific vulner-
able 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 pre-
serve intact families in which children have been maltreated, 
when the familj^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 serv-
ices 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)(l)) 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 relation-
ships 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 para-
graph (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 para-
graph (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 "paragp'aph (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 para-
graph (1) of subsection (a), including the heading for section 
435 and the caption for subsection (a), and inserting the fol-
lowing: 
"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 
Deadline. 
"(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 sub-
section, using rigorous evaluation methodologies where feasible: 
"(1) Promising program models in the service categories 
specified in section 430(b), particularly time-limited reunifica-
tion 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 fami-
lies 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 serv-
ices 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: 
42 use 629f. 
"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. 
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 "sec-
tion 436(a)"; and 
(ii) by striking "section 430(d)" and inserting "sec-
tion 436(b)"; and 
(C) in subsection (c)(1)— 
(i) by striking "section 430(b)" and inserting "sec-
tion 436(a)"; and 
(ii) by striking "section 430(d)" and inserting "sec-
tion 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. 
42 USC 629g. 
"(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 
(0(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 £dl 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 appljdng subection (b) for the fiscal year, the Secretary 
shall allot to each of the jurisdictions of Puerto Rico, Guam, 
115 STAT. 2418 
PUBLIC LAW 107-133^JAN. 17, 2002 
the Virgin Islands, the Northern Mariana Islands, and Amer-
ican 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 sub-
section 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 imme-
diately 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 sub-
sections (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 perma-
nence of children in foster care, as set forth in the Adoption 
and Safe Families Act of 1997 (Pubhc Law 105-89); and 
"(B) to implement a corrective action plan, as nec-
essary, 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 subpara-
graph (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 GRA^JT 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 42USC629h. 
(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 
42 USC 629i. 
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 per-
cent, 
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 pris-
oners 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 chil-
dren. 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 rela-
tionships that provide young people with caring role models 
for future success have profound, life-changing potential. 
Done right, mentoring markedly advances youths' life pros-
pects. A widely cited 1995 study by Public/Private Ventures 
measured the impact of one Big Brothers Big Sisters pro-
gram and found significant effects in the lives of youth— 
cutting first-time drug use by almost half and first-time 
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 con-
fidence 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 pris-
oners' means children one or both of whose parents are incarcer-
ated 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 contin-
ued participation in the program. 
"(2) MENTORING.—^The term 'mentoring' means a struc-
tured, 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 vol-
unteer mentors; support and oversight of the mentoring rela-
tionship; 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 govern-
ments, tribal governments or tribal consortia, faith-based organiza-
tions, and community-based organizations in areas that have signifi-
cant 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 fol-
lowing: 
"(1) PROGRAM DESIGN.—^A description of the proposed pro-
gram, 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 pro-
gram; 
"(D) such information as the Secretary may require 
concerning the methods to be used to recruit, screen sup-
port, and oversee individuals participating as mentors, 
(which methods shall include criminal background checks 
on the individuals), and to evaluate outcomes for partici-
pating children, including information necessary to dem-
onstrate 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 imple-
menting the program, the applicant will, to the extent feasible 
and appropriate— 
"(A) consult with public and private community enti-
ties, 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.^AH 
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 Sec-
retary may attribute fair market value to goods, services, and 
facilities contributed from non-Federal sources. 
115 STAT. 2422 
PUBLIC LAW 1 0 7 - 1 3 3 - J A N . 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 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. 
Deadline. 
"(g) EVALUATION.—The Secretary shall conduct an evaluation 
Reports. 
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. 
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 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 pa3anents 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-^AN. 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 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 
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 
42 use 677 note. 
LIVING FUNDS.—Notwithstanding section 477(d)(3) of the Social 
Security Act, pa3nTients 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. 
42 USC 629 note. 
(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-
115 STAT. 2426 
PUBLIC LAW 107-133^JAN. 17, 2002 
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.