[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2873 Enrolled Bill (ENR)]
H.R.2873
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
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,

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This Act may be cited as the ``Promoting Safe and Stable Families
Amendments of 2001''.

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The table of contents of this Act is as follows:

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Subtitle A--Grants to States for Promoting Safe and Stable Families

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5b78d3fb3dff16d4d855cc90076683f31b4831edb11e4201c074b84e42229eaa

TITLE I

-PROMOTING SAFE AND STABLE FAMILIES

Subtitle B--Mentoring Children of Prisoners

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f061f23df85bb87306252f0863c8555dec2193214b6113c89a73c77cbd94dcb5

TITLE II

-FOSTER CARE AND INDEPENDENT LIVING

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.
Subtitle A--Grants to States for Promoting Safe and Stable Families

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TITLE III

-EFFECTIVE DATE

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.''.

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(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,''.

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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.''.

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(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)''.

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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:
``(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.''.

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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, 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, 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.''.

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(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)--
(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

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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 alcohol use by about a third,
reducing school absenteeism by half, cutting assaultive
behavior by a third, improving parental and peer relationships,
giving youth greater confidence in their school work, and
improving academic performance.
``(2) Purpose.--The purpose of this section is to authorize the
Secretary to make competitive grants to applicants in areas with
substantial numbers of children of incarcerated parents, to support
the establishment or expansion and operation of programs using a
network of public and private community entities to provide
mentoring services for children of prisoners.
``(b) Definitions.--In this section:
``(1) Children of prisoners.--The term `children of prisoners'
means children one or both of whose parents are incarcerated in a
Federal, State, or local correctional facility. The term is deemed
to include children who are in an ongoing mentoring relationship in
a program under this section at the time of their parents' release
from prison, for purposes of continued participation in the
program.
``(2) Mentoring.--The term `mentoring' means a structured,
managed program in which children are appropriately matched with
screened and trained adult volunteers for one-on-one relationships,
involving meetings and activities on a regular basis, intended to
meet, in part, the child's need for involvement with a caring and
supportive adult who provides a positive role model.
``(3) Mentoring services.--The term `mentoring services' means
those services and activities that support a structured, managed
program of mentoring, including the management by trained personnel
of outreach to, and screening of, eligible children; outreach to,
education and training of, and liaison with sponsoring local
organizations; screening and training of adult volunteers; matching
of children with suitable adult volunteer mentors; support and
oversight of the mentoring relationship; and establishment of goals
and evaluation of outcomes for mentored children.
``(c) Program Authorized.--From the amounts appropriated under
subsection (h) for a fiscal year that remain after applying subsection
(h)(2), the Secretary shall make grants under this section for each of
fiscal years 2002 through 2006 to State or local governments, tribal
governments or tribal consortia, faith-based organizations, and
community-based organizations in areas that have significant numbers of
children of prisoners and that submit applications meeting the
requirements of this section, in amounts that do not exceed $5,000,000
per grant.
``(d) Application Requirements.--In order to be eligible for a
grant under this section, the chief executive officer of the applicant
must submit to the Secretary an application containing the following:
``(1) Program design.--A description of the proposed program,
including--
``(A) a list of local public and private organizations and
entities that will participate in the mentoring network;
``(B) the name, description, and qualifications of the
entity that will coordinate and oversee the activities of the
mentoring network;
``(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.
``(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 Certain
Amounts.--
``(1) Authorization.--There are authorized to be appropriated
to carry out this section $67,000,000 for each of fiscal years 2002
and 2003, and such sums as may be necessary for each succeeding
fiscal year.
``(2) Reservation.--The Secretary shall reserve 2.5 percent of
the amount appropriated for each fiscal year under paragraph (1)
for expenditure by the Secretary for research, technical
assistance, and evaluation related to programs under this
section.''.

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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.
``(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)--
(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
subsection for such purposes for all prior quarters in the fiscal
year.''.

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(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.

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(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-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.

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Promoting Safe and Stable Families Amendments of 2001 — HR. 2873

Other Sections

TITLE I

TITLE II

TITLE III

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