[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1503 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1503
To extend and amend the Promoting Safe and Stable Families Program
under subpart 2 of part B of title IV of the Social Security Act, to
provide the Secretary of Health and Human Services with new authority
to support programs mentoring children of incarcerated parents, to
amend the Foster Care Independent Living Program under part E of title
IV of the Social Security Act to provide for educational and training
vouchers for youths aging out of foster care, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 4, 2001
Mr. Rockefeller (for himself, Mr. DeWine, Ms. Landrieu, Ms. Snowe, Mr.
Breaux, Mr. Bond, Mr. Levin, Mr. Craig, and Mr. Graham) introduced the
following bill; which was read twice and referred to the Committee on
Finance
_______________________________________________________________________
A BILL
To extend and amend the Promoting Safe and Stable Families Program
under subpart 2 of part B of title IV of the Social Security Act, to
provide the Secretary of Health and Human Services with new authority
to support programs mentoring children of incarcerated parents, to
amend the Foster Care Independent Living Program under part E of title
IV of the Social Security 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; REFERENCES IN ACT; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Promoting Safe and
Stable Families Amendments Act of 2001''.
(b) References in Act.--Except as otherwise specifically provided,
whenever in this Act an amendment is expressed in terms of an amendment
to or repeal of a section or other provision, the reference shall be
considered to be made to that section or other provision of the Social
Security Act.
(c) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; references in act; table of contents.
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.
Sec. 106. Authorization of appropriations; reservation of certain
amounts.
Sec. 107. State court improvements.
Subtitle B--Mentoring Children of Incarcerated Parents
Sec. 121. Grants for programs for mentoring children of incarcerated
parents.
TITLE II--FOSTER CARE, ADOPTION ASSISTANCE, AND INDEPENDENT LIVING
Sec. 201. Elimination of opt-out provision for State requirement to
conduct criminal background check on
prospective foster or adoptive parents.
Sec. 202. Eligibility for adoption assistance payment of special needs
children voluntarily relinquished to
private nonprofit agencies.
Sec. 203. Educational and training vouchers for youths aging out of
foster care.
TITLE III--EFFECTIVE DATES
Sec. 301. Effective dates.
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.--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 and
children. 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 post-adoption 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 requirements
of the Adoption and Safe Families Act of 1997.
``(4) To support adoptive families by providing support
services as necessary so that the families can make a lifetime
commitment to their children.''.
SEC. 102. DEFINITION OF FAMILY SUPPORT SERVICES.
Section 431(a)(2) (42 U.S.C. 629a(a)(2)) is amended by inserting
``to strengthen parental relationships and promote healthy marriages,''
after ``environment,''.
SEC. 103. REALLOTMENTS.
Section 433 (42 U.S.C. 629c) is amended by adding at the end the
following new subsection:
``(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 for such fiscal year
using the allotment methodology specified in this section. Any amount
so reallotted to a State shall be deemed part of that State's allotment
under this section for that fiscal year.''.
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) 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) as
paragraphs (1) and (2), respectively, and by adjusting the left
margins accordingly.
(b) Conforming Amendments.--Section 434(b) (42 U.S.C. 629d(b)) is
amended--
(1) in paragraph (1)--
(A) by striking ``paragraph (1) or (2)(B) of''; and
(B) by striking ``described in this subpart'' and
inserting ``under the State plan under section 432'';
and
(2) in paragraph (2), by striking ``subsection (a)(1)'' and
inserting ``subsection (a)''.
SEC. 105. EVALUATIONS.
Section 435 (42 U.S.C. 629e) is amended--
(1) in the heading, by inserting ``; research; technical
assistance'' before the period; and
(2) by adding at the end the following new subsections:
``(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 post-adoption services.
``(2) Multidisciplinary service models designed to address
parental substance abuse and to reduce the impact of such abuse
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.--The Secretary shall provide technical
assistance that helps States to--
``(1) identify families with specific risk characteristics
for intervention;
``(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 post-adoption
services meet the needs of the individual families and develop
models to reduce the disruption rates of adoption.''.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS; RESERVATION OF CERTAIN
AMOUNTS.
(a) In General.--Subpart 2 of part B of title IV (42 U.S.C. 629 et
seq.) is amended by adding at the end the following new section:
``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 (other than section 438)
$505,000,000 for each of fiscal years 2002 through 2006.
``(b) Reservation of Certain Amounts.--From the amount specified
for each fiscal year under subsection (a), the Secretary shall reserve
amounts for use as follows:
``(1) Evaluation, research, training, and technical
assistance.--The Secretary shall reserve $15,000,000 for fiscal
year 2002, and $20,000,000 for each of fiscal years 2003
through 2006, for expenditure by the Secretary--
``(A) for research, training, and technical
assistance costs related to the program under this
subpart (other than section 438), including
expenditures for research of not less than $9,000,000
for fiscal year 2002, and not less than $14,000,000 for
each of fiscal years 2003 through 2006; 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 such State
programs.
``(2) State court improvements.--The Secretary shall
reserve $20,000,000 for grants under section 437.
``(3) Indian tribes.--The Secretary shall reserve 2 percent
for allotment to Indian tribes in accordance with section
433(a).''.
(b) Conforming Amendments.--Section 433 is amended--
(1) in subsection (a), by striking ``section 430(d)(3)''
and inserting ``section 436(b)(3)'';
(2) in subsection (b)--
(A) by striking ``section 430(b)'' and inserting
``section 436(a)''; and
(B) by striking ``section 430(d)'' and inserting
``section 436(b)''; and
(3) in subsection (c)--
(A) by striking ``section 430(b)'' and inserting
``section 436(a)''; and
(B) by striking ``section 430(d)'' and inserting
``section 436(b)''.
SEC. 107. STATE COURT IMPROVEMENTS.
(a) Relocation and Redesignation.--
(1) In general.--Section 13712 of the Omnibus Budget
Reconciliation Act of 1993 (42 U.S.C. 670 note) is relocated
and redesignated as section 437 of the Social Security Act.
(2) Conforming amendments.--Section 437, as relocated and
redesignated under paragraph (1), is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1),
by striking ``of title IV of the Social
Security Act''; and
(ii) in paragraph (1)(A), by striking ``of
title IV of such Act''; and
(B) in subsection (c)(2), by striking ``section
430(d)(2) of the Social Security Act'' and inserting
``section 436(b)(2)''.
(b) Scope of Activities.--
(1) Section 437(a)(2) (as so relocated and redesignated) is
amended--
(A) by striking ``changes'' and inserting
``improvements''; and
(B) by inserting before the period ``in order to
promote more timely court actions that provide for the
safety of children in foster care and expedite the
placement of such children in appropriate permanent
settings''.
(2) Section 437(c)(1) (as so relocated and redesignated) is
amended in the matter preceding subparagraph (A) by inserting
``and improvement'' after ``assessment''.
(c) Allotments.--Section 437(c)(1) (as so relocated and
redesignated) is amended by striking all that follows ``shall be
entitled to payment,'' and inserting ``for each of fiscal years 2002
through 2006, from amounts reserved pursuant to section 436(b)(2), of
an amount equal to the sum of $85,000 plus the amount described in
paragraph (2) for such fiscal year.''.
(d) Federal Share.--Section 437(d) (as so relocated and
redesignated) is amended--
(1) by striking the heading 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.''.
Subtitle B--Mentoring Children of Incarcerated Parents
SEC. 121. GRANTS FOR PROGRAMS FOR MENTORING CHILDREN OF INCARCERATED
PARENTS.
Subpart 2 of part B of title IV (42 U.S.C. 629 et seq.), as amended
by sections 106 and 107, is amended by adding at the end the following
new section:
``SEC. 438. GRANTS FOR PROGRAMS FOR MENTORING CHILDREN OF INCARCERATED
PARENTS.
``(a) Findings and Purpose.--
``(1) Findings.--Congress makes the following 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 a Federal
or State correctional facility.
``(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. Only 10 percent
of incarcerated mothers and 2 percent of incarcerated
fathers in State facilities report that their child or
children are in foster care.
``(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,
or prior separations. As a result, children of an
incarcerated parent 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 local governments
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
incarcerated parents.
``(b) Definitions.--In this section:
``(1) Children of incarcerated parents.--The term `children
of incarcerated parents' means a child, 1 or both of whose
parents are incarcerated in a Federal or State correctional
facility. Such term shall be deemed to include any child who is
in an ongoing mentoring relationship in a program under this
section at the time of the release of the child's parent or
parents from a correctional facility, 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 amount appropriated under
subsection (g) for a fiscal year that remains after the application of
subsection (g)(2), the Secretary shall make grants under this section
for each of fiscal years 2002 through 2006 to local governments in
areas that have significant numbers of children of incarcerated parents
and that submit applications meeting the requirements of this section,
including--
``(1) two-thirds of such amount in grants in amounts of up
to $5,000,000 each; and
``(2) one-third of such amount in grants in amounts of up
to $10,000,000 each.
``(d) Application Requirements.--In order to be eligible for a
grant under this section, the mayor or other chief executive officer of
a city, council of governments, or other unit of local government shall
submit to the Secretary an application containing the following:
``(1) Program design.--A description of the proposed local
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 such 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 local government 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 in the program
on an equal basis.
``(4) Supplementation assurance.--An assurance that Federal
funds provided to the local government under this section will
not be used to supplant Federal or non-Federal funds for
existing services and activities that promote the purpose of
this section.
``(5) Biennial program report.--An agreement that the local
government will submit to the Secretary, after the second year
of funding of a program under this section and every second
year thereafter, a report containing the following:
``(A) A description of the grant requirements used
by the local government to award grant funds.
``(B) The measurable goals and outcomes expected by
the programs receiving assistance under the local
government program (and in later reports, the extent to
which such goals and outcomes were achieved).
``(C) A description of the services provided by
programs receiving assistance under the local
government program.
``(D) The number of children and families served.
``(E) Such other such information as the Secretary
may require.
``(6) Records, reports, and audits.--An agreement that the
local government 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.
``(7) Evaluation.--An agreement that the local government
will cooperate fully with the Secretary's ongoing and final
evaluation of the program under the plan, by means including
providing the Secretary with access to the program and program-
related records and documents, staff, and grantees receiving
funding under the plan.
``(8) Extent of local-state cooperation.--A statement as to
whether, and the extent to which, the State government has
undertaken to provide support to and to cooperate with the
local program.
``(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) 80 percent for the first fiscal year for
which the grant is awarded;
``(B) 60 percent for the second such fiscal year;
``(C) 40 percent for the third such fiscal year;
and
``(D) 20 percent for each succeeding fiscal year.
``(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 experience, qualifications, and capacity of local
governments and networks of organizations to effectively carry
out a mentoring program under this section;
``(2) the comparative severity of need for mentoring
services in given local areas, taking into consideration data
on the numbers of children (and in particular of low-income
children) with an incarcerated parent (or parents) in such
areas;
``(3) whether, and the extent to which, the State
government has undertaken to support and cooperate with the
local mentoring program;
``(4) evidence of consultation with existing youth and
family service programs, as appropriate; and
``(5) 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) Authorization of Appropriations; Reservation of Certain
Amounts.--
``(1) Authorization.--There are authorized to be
appropriated to carry out this section--
``(A) $67,000,000 for fiscal year 2002; and
``(B) such sums as may be necessary for each of
fiscal years 2003 through 2006.
``(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 carried out
under this section.''.
TITLE II--FOSTER CARE, ADOPTION ASSISTANCE, AND INDEPENDENT LIVING
SEC. 201. ELIMINATION OF OPT-OUT PROVISION FOR STATE REQUIREMENT TO
CONDUCT CRIMINAL BACKGROUND CHECK ON PROSPECTIVE FOSTER
OR ADOPTIVE PARENTS.
Section 471(a)(20) (42 U.S.C. 671(a)(20) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) by striking ``(A) unless an election provided for in
subparagraph (B) is made with respect to the State,'';
(3) by striking subparagraph (B);
(4) by striking ``(i)'' and inserting ``(A)''; and
(5) by striking ``(ii)'' and inserting ``(B)''.
SEC. 202. ELIGIBILITY FOR ADOPTION ASSISTANCE PAYMENT OF SPECIAL NEEDS
CHILDREN VOLUNTARILY RELINQUISHED TO PRIVATE NONPROFIT
AGENCIES.
Section 473(a)(2) (42 U.S.C. 673(a)(2)) is amended--
(1) in subparagraph (A)(i), by striking ``either pursuant''
and all that follows through ``July 16, 1996))'' and inserting
``pursuant to a voluntary relinquishment to, or a voluntary
placement agreement with, a public or nonprofit private
agency,''; and
(2) in subparagraph (B)(i), by striking ``agreement was
entered into'' and inserting ``relinquishment occurred,
agreement was entered into,''.
SEC. 203. 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 new subsection:
``(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 shall 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 shall be considered to
be youths otherwise eligible for services under the State
program under this section.
``(3) A youth participating in the voucher program on the
date the youth attains age 21 shall remain eligible until the
youth attains age 23, as long as the youth is enrolled in a
full-time postsecondary education or training program and is
making satisfactory progress toward completion of that program.
``(4) The voucher or vouchers provided for an individual
under this section--
``(A) shall 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)(A) Subject to subparagraphs (B) and (C), the amount
of a voucher under this section shall be disregarded for
purposes of determining the recipient's eligibility for, or the
amount of, any other Federal or federally supported assistance.
``(B) 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.
``(C) The State agency shall take appropriate steps to
prevent duplication of benefits under this and other Federal or
federally supported programs.
``(6) The program shall be 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 new subparagraph:
``(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)(B);
and
``(ii) to avoid duplication of benefits
under this and any other Federal or federally
supported benefit program in accordance with
subsection (i)(5)(C).''.
(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 shall be available
for payments to States for education and training vouchers for
youths who age out of foster care, to assist such 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)''; and
(B) by striking ``which bears the same ratio and
all that follows through the period'' and inserting
``which bears the ratio 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 specified
in subsection (h)(2) for a fiscal year, the Secretary shall
allot to each State with an application approved under
subsection (b) for the fiscal year the amount that bears the
ratio to such amount equal to the State foster care ratio.
``(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 in the State in the most recent fiscal
year for which such information is available to the total
number of children in foster care in all States for such most
recent fiscal year.''.
(f) Payments to States.--Section 474(a)(4) (42 U.S.C. 674(a)(4)) is
amended to read as follows:
``(4) an amount equal to--
``(A) with respect to amounts for expenditures in
accordance with the State application approved under
section 477(b) (including any amounts expended in
accordance with an amendment that meets the
requirements of section 477(b)(5)), the sum of--
``(i) the lesser of--
``(I) 80 percent of the amounts
expended by the State during the
quarter to carry out programs for the
purposes described in subsection
(h)(1); 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 such purposes for all
prior quarters in the fiscal year; and
``(ii) the lesser of--
``(I) 80 percent of the amounts
expended by the State during the
quarter to carry out programs for the
purposes described in subsection
(h)(2); or
``(II) the amount 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
paragraph for such purposes for all
prior quarters in the fiscal year;
reduced by
``(B) the total amount of any penalties assessed
against the State under section 477(e) for such fiscal
year.''.
TITLE III--EFFECTIVE DATES
SEC. 301. EFFECTIVE DATES.
(a) In General.--Subject to subsections (b), (c), and (d), the
amendments made by this Act take effect October 1, 2001.
(b) Elimination of Opt-Out Provision for Criminal Background
Checks.--Subject to subsection (d), the amendments made by section 201
take effect on the date of enactment of this Act.
(c) Eligibility for Adoption Assistance Payment of Special Needs
Children Voluntarily Relinquished to Private Nonprofit Agencies.--
Subject to subsection (d), the amendments made by section 202 shall be
effective with respect to children voluntarily relinquished to, or the
subject of a voluntary placement agreement with, a public or nonprofit
private agency on or after the date that is 90 days after the date of
enactment of this Act.
(d) 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 (42 U.S.C. 629 et seq.; 670 et seq.) 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 made by this Act, the
State plan shall not be regarded as failing to comply with the
requirements of such subpart or part solely on the basis of the failure
of the plan to meet such 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
enactment of this Act. For purposes of the previous sentence, in the
case of a State that has a 2-year legislative session, each year of
such session shall be deemed to be a separate regular session of the
State legislature.
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