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-CITE-



    42 USC Sec. 677                                             01/02/2006

 

-EXPCITE-



    TITLE 42 - THE PUBLIC HEALTH AND WELFARE

    CHAPTER 7 - SOCIAL SECURITY

    SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

                    FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

                    SERVICES                 

   Part E - Federal Payments for Foster Care and Adoption Assistance

   Sec. 677. John H. Chafee Foster Care Independence Program

    (a) Purpose


      The purpose of this section is to provide States with flexible

  funding that will enable programs to be designed and conducted -

  (1) to identify children who are likely to remain in foster

  care until 18 years of age and to help these children make the



      transition to self-sufficiency by providing services such as



      assistance in obtaining a high school diploma, career



      exploration, vocational training, job placement and retention,



      training in daily living skills, training in budgeting and



      financial management skills, substance abuse prevention, and



      preventive health activities (including smoking avoidance,



      nutrition education, and pregnancy prevention);



        (2) to help children who are likely to remain in foster care



      until 18 years of age receive the education, training, and



      services necessary to obtain employment;



        (3) to help children who are likely to remain in foster care



      until 18 years of age prepare for and enter postsecondary



      training and education institutions;



        (4) to provide personal and emotional support to children aging



      out of foster care, through mentors and the promotion of



      interactions with dedicated adults;



        (5) to provide financial, housing, counseling, employment,



      education, and other appropriate support and services to former



      foster care recipients between 18 and 21 years of age to



      complement their own efforts to achieve self-sufficiency and to



      assure that program participants recognize and accept their



      personal responsibility for preparing for and then making the



      transition from adolescence to adulthood; and



        (6) to make available vouchers for education and training,



      including postsecondary training and education, to youths who



      have aged out of foster care.



    (b) Applications



      (1) In general



        A State may apply for funds from its allotment under subsection



      (c) of this section for a period of five consecutive fiscal years



      by submitting to the Secretary, in writing, a plan that meets the



      requirements of paragraph (2) and the certifications required by



      paragraph (3) with respect to the plan.



      (2) State plan



        A plan meets the requirements of this paragraph if the plan



      specifies which State agency or agencies will administer,



      supervise, or oversee the programs carried out under the plan,



      and describes how the State intends to do the following:



          (A) Design and deliver programs to achieve the purposes of



        this section.



          (B) Ensure that all political subdivisions in the State are



        served by the program, though not necessarily in a uniform



        manner.



          (C) Ensure that the programs serve children of various ages



        and at various stages of achieving independence.



          (D) Involve the public and private sectors in helping



        adolescents in foster care achieve independence.



          (E) Use objective criteria for determining eligibility for



        benefits and services under the programs, and for ensuring fair



        and equitable treatment of benefit recipients.



          (F) Cooperate in national evaluations of the effects of the



        programs in achieving the purposes of this section.



      (3) Certifications



        The certifications required by this paragraph with respect to a



      plan are the following:



          (A) A certification by the chief executive officer of the



        State that the State will provide assistance and services to



        children who have left foster care because they have attained



        18 years of age, and who have not attained 21 years of age.



          (B) A certification by the chief executive officer of the



        State that not more than 30 percent of the amounts paid to the



        State from its allotment under subsection (c) of this section



        for a fiscal year will be expended for room or board for



        children who have left foster care because they have attained



        18 years of age, and who have not attained 21 years of age.



          (C) A certification by the chief executive officer of the



        State that none of the amounts paid to the State from its



        allotment under subsection (c) of this section will be expended



        for room or board for any child who has not attained 18 years



        of age.



          (D) A certification by the chief executive officer of the



        State that the State will use training funds provided under the



        program of Federal payments for foster care and adoption



        assistance to provide training to help foster parents, adoptive



        parents, workers in group homes, and case managers understand



        and address the issues confronting adolescents preparing for



        independent living, and will, to the extent possible,



        coordinate such training with the independent living program



        conducted for adolescents.



          (E) A certification by the chief executive officer of the



        State that the State has consulted widely with public and



        private organizations in developing the plan and that the State



        has given all interested members of the public at least 30 days



        to submit comments on the plan.



          (F) A certification by the chief executive officer of the



        State that the State will make every effort to coordinate the



        State programs receiving funds provided from an allotment made



        to the State under subsection (c) of this section with other



        Federal and State programs for youth (especially transitional



        living youth projects funded under part B of title III of the



        Juvenile Justice and Delinquency Prevention Act of 1974 [42



        U.S.C. 5714-1 et seq.]), abstinence education programs, local



        housing programs, programs for disabled youth (especially



        sheltered workshops), and school-to-work programs offered by



        high schools or local workforce agencies.



          (G) A certification by the chief executive officer of the



        State that each Indian tribe in the State has been consulted



        about the programs to be carried out under the plan; that there



        have been efforts to coordinate the programs with such tribes;



        and that benefits and services under the programs will be made



        available to Indian children in the State on the same basis as



        to other children in the State.



          (H) A certification by the chief executive officer of the



        State that the State will ensure that adolescents participating



        in the program under this section participate directly in



        designing their own program activities that prepare them for



        independent living and that the adolescents accept personal



        responsibility for living up to their part of the program.



          (I) A certification by the chief executive officer of the



        State that the State has established and will enforce standards



        and procedures to prevent fraud and abuse in the programs



        carried out under the plan.



          (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) of this section, 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) of this section;



          and



            (ii) to avoid duplication of benefits under this and any



          other Federal or Federally assisted benefit program.



      (4) Approval



        The Secretary shall approve an application submitted by a State



      pursuant to paragraph (1) for a period if -



          (A) the application is submitted on or before June 30 of the



        calendar year in which such period begins; and



          (B) the Secretary finds that the application contains the



        material required by paragraph (1).



      (5) Authority to implement certain amendments; notification



        A State with an application approved under paragraph (4) may



      implement any amendment to the plan contained in the application



      if the application, incorporating the amendment, would be



      approvable under paragraph (4). Within 30 days after a State



      implements any such amendment, the State shall notify the



      Secretary of the amendment.



      (6) Availability



        The State shall make available to the public any application



      submitted by the State pursuant to paragraph (1), and a brief



      summary of the plan contained in the application.



    (c) Allotments to States



      (1) General program allotment



        From the amount specified in subsection (h)(1) of this section



      that remains after applying subsection (g)(2) of this section for



      a fiscal year, the Secretary shall allot to each State with an



      application approved under subsection (b) of this section for the



      fiscal year the amount which bears the ratio to such remaining



      amount equal to the State foster care ratio, as adjusted in



      accordance with paragraph (2).



      (2) Hold harmless provision



        (A) In general



          The Secretary shall allot to each State whose allotment for a



        fiscal year under paragraph (1) is less than the greater of



        $500,000 or the amount payable to the State under this section



        for fiscal year 1998, an additional amount equal to the



        difference between such allotment and such greater amount.



        (B) Ratable reduction of certain allotments



          In the case of a State not described in subparagraph (A) of



        this paragraph for a fiscal year, the Secretary shall reduce



        the amount allotted to the State for the fiscal year under



        paragraph (1) by the amount that bears the same ratio to the



        sum of the differences determined under subparagraph (A) of



        this paragraph for the fiscal year as the excess of the amount



        so allotted over the greater of $500,000 or the amount payable



        to the State under this section for fiscal year 1998 bears to



        the sum of such excess amounts determined for all such States.



      (3) Voucher program allotment



        From the amount, if any, appropriated pursuant to subsection



      (h)(2) of this section for a fiscal year, the Secretary may allot



      to each State with an application approved under subsection (b)



      of this section 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.



    (d) Use of funds



      (1) In general



        A State to which an amount is paid from its allotment under



      subsection (c) of this section may use the amount in any manner



      that is reasonably calculated to accomplish the purposes of this



      section.



      (2) No supplantation of other funds available for same general



        purposes



        The amounts paid to a State from its allotment under subsection



      (c) of this section shall be used to supplement and not supplant



      any other funds which are available for the same general purposes



      in the State.



      (3) Two-year availability of funds



        Payments made to a State under this section for a fiscal year



      shall be expended by the State in the fiscal year or in the



      succeeding fiscal year.



      (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.



    (e) Penalties



      (1) Use of grant in violation of this part



        If the Secretary is made aware, by an audit conducted under



      chapter 75 of title 31 or by any other means, that a program



      receiving funds from an allotment made to a State under



      subsection (c) of this section has been operated in a manner that



      is inconsistent with, or not disclosed in the State application



      approved under subsection (b) of this section, the Secretary



      shall assess a penalty against the State in an amount equal to



      not less than 1 percent and not more than 5 percent of the amount



      of the allotment.



      (2) Failure to comply with data reporting requirement



        The Secretary shall assess a penalty against a State that fails



      during a fiscal year to comply with an information collection



      plan implemented under subsection (f) of this section in an



      amount equal to not less than 1 percent and not more than 5



      percent of the amount allotted to the State for the fiscal year.



      (3) Penalties based on degree of noncompliance



        The Secretary shall assess penalties under this subsection



      based on the degree of noncompliance.



    (f) Data collection and performance measurement



      (1) In general



        The Secretary, in consultation with State and local public



      officials responsible for administering independent living and



      other child welfare programs, child welfare advocates, Members of



      Congress, youth service providers, and researchers, shall -



          (A) develop outcome measures (including measures of



        educational attainment, high school diploma, employment,



        avoidance of dependency, homelessness, nonmarital childbirth,



        incarceration, and high-risk behaviors) that can be used to



        assess the performance of States in operating independent



        living programs;



          (B) identify data elements needed to track -



            (i) the number and characteristics of children receiving



          services under this section;



            (ii) the type and quantity of services being provided; and



            (iii) State performance on the outcome measures; and

 

          (C) develop and implement a plan to collect the needed



        information beginning with the second fiscal year beginning



        after December 14, 1999.



      (2) Report to the Congress



        Within 12 months after December 14, 1999, the Secretary shall



      submit to the Committee on Ways and Means of the House of



      Representatives and the Committee on Finance of the Senate a



      report detailing the plans and timetable for collecting from the



      States the information described in paragraph (1) and a proposal



      to impose penalties consistent with paragraph (e)(2) on States



      that do not report data.



    (g) Evaluations



      (1) In general



        The Secretary shall conduct evaluations of such State programs



      funded under this section as the Secretary deems to be innovative



      or of potential national significance. The evaluation of any such



      program shall include information on the effects of the program



      on education, employment, and personal development. To the



      maximum extent practicable, the evaluations shall be based on



      rigorous scientific standards including random assignment to



      treatment and control groups. The Secretary is encouraged to work



      directly with State and local governments to design methods for



      conducting the evaluations, directly or by grant, contract, or



      cooperative agreement.



      (2) Funding of evaluations



        The Secretary shall reserve 1.5 percent of the amount specified



      in subsection (h) of this section for a fiscal year to carry out,



      during the fiscal year, evaluation, technical assistance,



      performance measurement, and data collection activities related



      to this section, directly or through grants, contracts, or



      cooperative agreements with appropriate entities.



    (h) Limitations on authorization of appropriations



      To carry out this section and for payments to States under



    section 674(a)(4) of this title, 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.



    (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 1002 of



        title 20; and



          (B) shall not exceed the lesser of $5,000 per year or the



        total cost of attendance, as defined in section 1087ll of title



        20.

 

        (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 1087ll of title 20, 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.

 

-SOURCE-



    (Aug. 14, 1935, ch. 531, title IV, Sec. 477, as added Pub. L. 99-



    272, title XII, Sec. 12307(a), Apr. 7, 1986, 100 Stat. 294;



    amended Pub. L. 100-647, title VIII, Sec. 8104(a)-(d), (f), Nov.



    10, 1988, 102 Stat. 3796, 3797; Pub. L. 101-239, title VIII, Sec.



    8002(a), (b), Dec. 19, 1989, 103 Stat. 2452; Pub. L. 101-508, title



    V, Sec. 5073(a), Nov. 5, 1990, 104 Stat. 1388-233; Pub. L. 103-66,



    title XIII, Sec. 13714(a), Aug. 10, 1993, 107 Stat. 657; Pub. L.



    105-89, title III, Sec. 304, Nov. 19, 1997, 111 Stat. 2130; Pub. L.



    106-169, title I, Sec. 101(b), Dec. 14, 1999, 113 Stat. 1824; Pub.



    L. 107-133, title II, Secs. 201(a)-(e), 202(a), Jan. 17, 2002, 115



    Stat. 2422, 2423, 2425.)

 

-REFTEXT-



                            REFERENCES IN TEXT                       



      The Juvenile Justice and Delinquency Prevention Act of 1974,



    referred to in subsec. (b)(3)(F), is Pub. L. 93-415, Sept. 7, 1974,



    88 Stat. 1109, as amended. Part B of title III of the Act is



    classified generally to Part B (Sec. 5714-1 et seq.) of subchapter



    III of chapter 72 of this title. For complete classification of



    this Act to the Code, see Short Title note under section 5601 of



    this title and Tables.

 

-COD-



                               CODIFICATION                           



      December 14, 1999, referred to in subsec. (f), was in the



    original "the date of the enactment of this section" which was



    translated as meaning the date of enactment of Pub. L. 106-169,



    which amended this section generally, to reflect the probable



    intent of Congress.

 

-MISC1-



                                AMENDMENTS                           



      2002 - Subsec. (a)(6). Pub. L. 107-133, Sec. 201(a), added par.



    (6).



      Subsec. (b)(3)(J). Pub. L. 107-133, Sec. 201(c), added subpar.



    (J).



      Subsec. (c)(1). Pub. L. 107-133, Sec. 201(e)(1), in heading



    substituted "General program allotment" for "In general" and in



    text substituted "From the amount specified in subsection (h)(1)"



    for "From the amount specified in subsection (h)", "which bears the



    ratio" for "which bears the same ratio", and "equal to the State



    foster care ratio, as adjusted in accordance with paragraph (2)."



    for "as the number of children in foster care under a program of



    the State in the most recent fiscal year for which such information



    is available bears to the total number of children in foster care



    in all States for such most recent fiscal year, as adjusted in



    accordance with paragraph (2)."



      Subsec. (c)(3), (4). Pub. L. 107-133, Sec. 201(e)(2), added pars.



    (3) and (4).



      Subsec. (d)(4). Pub. L. 107-133, Sec. 202(a), added par. (4).



      Subsec. (h). Pub. L. 107-133, Sec. 201(d), substituted "there are



    authorized to be appropriated to the Secretary for each fiscal year



    - " and pars. (1) and (2) for "there are authorized to be



    appropriated to the Secretary $140,000,000 for each fiscal year."



      Subsec. (i). Pub. L. 107-133, Sec. 201(b), added subsec. (i).



      1999 - Pub. L. 106-169 amended section generally, substituting



    present provisions for provisions which had authorized payments to



    States and localities for establishment of programs designed to



    assist children who have attained age 16 in making transition from



    foster care to independent living, and set forth provisions



    relating to administration of programs, assurances, types of



    programs, amounts of entitlement, and provisions requiring annual



    report and promulgation of regulations.



      1997 - Subsec. (a)(2)(A). Pub. L. 105-89 inserted before comma at



    end "(including children with respect to whom such payments are no



    longer being made because the child has accumulated assets, not to



    exceed $5,000, which are otherwise regarded as resources for



    purposes of determining eligibility for benefits under this part)".



      1993 - Subsec. (a)(1). Pub. L. 103-66, Sec. 13714(a)(1), struck



    out at end "Such payments shall be made only for the fiscal years



    1987 through 1992."



      Subsec. (c). Pub. L. 103-66, Sec. 13714(a)(2), substituted "any



    succeeding fiscal year" for "any of the fiscal years 1988 through



    1992".



      Subsec. (e)(1)(A). Pub. L. 103-66, Sec. 13714(a)(3), substituted



    "fiscal year 1987 and any succeeding fiscal year" for "each of the



    fiscal years 1987 through 1992".



      Subsec. (e)(1)(B). Pub. L. 103-66, Sec. 13714(a)(4), substituted



    "fiscal year 1991 and any succeeding fiscal year" for "fiscal years



    1991 and 1992".



      Subsec. (e)(1)(C)(ii)(II). Pub. L. 103-66, Sec. 13714(a)(5),



    substituted "any succeeding fiscal year" for "fiscal year 1992".



      1990 - Subsec. (a)(2)(C). Pub. L. 101-508 inserted "who has not



    attained age 21" after "also include any child" and struck out



    before semicolon ", but such child may not be so included after the



    end of the 6-month period beginning on the date of discontinuance



    of such payments or care".



      1989 - Subsec. (a)(1). Pub. L. 101-239, Sec. 8002(a)(1),



    substituted "through 1992" for ", 1988, and 1989".



      Subsec. (c). Pub. L. 101-239, Sec. 8002(a)(2), substituted "any



    of the fiscal years 1988 through 1992" for "the fiscal year 1988 or



    1989".



      Subsec. (e)(1). Pub. L. 101-239, Sec. 8002(b)(1), (2), (4), (5),



    designated existing provisions as subpar. (A), substituted "The



    basic amount" for "The amount" and "the basic ceiling for such



    fiscal year" for "$45,000,000", and added subpars. (B) and (C).



      Pub. L. 101-239, Sec. 8002(b)(3), which directed amendment of



    subpar. (A) by substituting "1989, 1990, 1991, and 1992" for "and



    1989" could not be executed because the words "and 1989" did not



    appear after execution of amendment by Pub. L. 101-239, Sec.



    8002(a)(1), see below.



      Pub. L. 101-239, Sec. 8002(a)(1), substituted "through 1992" for



    ", 1988, and 1989".



      1988 - Subsec. (a). Pub. L. 100-647, Sec. 8104(a)(1), substituted



    "1987, 1988, and 1989" for "1987 and 1988".



      Subsec. (a)(1). Pub. L. 100-647, Sec. 8104(c), designated



    existing provisions as par. (1), substituted "children described in



    paragraph (2) who have attained age 16" for "children, with respect



    to whom foster care maintenance payments are being made by the



    State under this part and who have attained age 16," and added par.



    (2).



      Subsec. (a)(2)(C). Pub. L. 100-647, Sec. 8104(d), added subpar.



    (C).



      Subsec. (c). Pub. L. 100-647, Sec. 8104(a)(2), substituted "for



    the fiscal year 1988 or 1989, such description and assurances must



    be submitted prior to February 1 of such fiscal year" for "for



    fiscal year 1988, such description and assurances must be submitted



    prior to January 1, 1988".



      Subsec. (e)(1). Pub. L. 100-647, Sec. 8104(a)(1), substituted



    "1987, 1988, and 1989" for "1987 and 1988".



      Subsec. (e)(3). Pub. L. 100-647, Sec. 8104(f), inserted at end



    "Amounts payable under this section may not be used for the



    provision of room or board."



      Subsec. (f). Pub. L. 100-647, Sec. 8104(b), inserted at end



    "Notwithstanding paragraph (3), payments made to a State under this



    section for the fiscal year 1987 and unobligated may be expended by



    such State in the fiscal year 1989."



      Subsec. (g)(1). Pub. L. 100-647, Sec. 8104(a)(3), (4),



    substituted "Not later than the first January 1 following the end



    of each fiscal year, each State shall submit to the Secretary a



    report on the programs carried out during such fiscal year" for



    "Not later than March 1, 1988, each State shall submit to the



    Secretary a report on the programs carried out".



      Subsec. (g)(2). Pub. L. 100-647, Sec. 8104(a)(5), (6),



    substituted:



      "(A) Not later than July 1, 1988, the Secretary shall submit an



    interim report on the activities carried out under this section.



      "(B) Not later than March 1, 1989,"



    for "Not later than July 1, 1988," and substituted "fiscal years



    1987 and 1988" for "fiscal year 1987" in subpar. (B).

 

                     EFFECTIVE DATE OF 2002 AMENDMENT                 



      Amendment by Pub. L. 107-133 effective Jan. 17, 2002, with delay



    permitted if State legislation is required, see section 301 of Pub.



    L. 107-133, set out as a note under section 629 of this title.

 

                     EFFECTIVE DATE OF 1997 AMENDMENT                



      Amendment by Pub. L. 105-89 effective Nov. 19, 1997, except as



    otherwise provided, with delay permitted if State legislation is



    required, see section 501 of Pub. L. 105-89, set out as a note



    under section 622 of this title.

 

                     EFFECTIVE DATE OF 1993 AMENDMENT                



      Section 13714(b) of Pub. L. 103-66 provided that: "The amendments



    made by subsection (a) [amending this section] shall apply to



    activities engaged in, on, or after October 1, 1992."

 

                     EFFECTIVE DATE OF 1990 AMENDMENT                



      Section 5073(b) of Pub. L. 101-508 provided that: "The amendments



    made by subsection (a) [amending this section] shall apply to



    payments made under part E of title IV of the Social Security Act



    [part E of this subchapter] for fiscal years beginning in or after



    fiscal year 1991."

 

                     EFFECTIVE DATE OF 1989 AMENDMENT                 



      Amendment by Pub. L. 101-239 effective Oct. 1, 1989, see section



    8002(e) of Pub. L. 101-239, set out as a note under section 674 of



    this title.

 

                     EFFECTIVE DATE OF 1988 AMENDMENT                



      Section 8104(g) of Pub. L. 100-647 provided that:



      "(1) The amendments made by subsections (a), (b), and (e)



    [amending this section and section 675 of this title] shall take



    effect on October 1, 1988.



      "(2) The amendments made by subsections (c), (d), and (f)



    [amending this section] shall take effect on the date of the



    enactment of this Act [Nov. 10, 1988]."

 

                                REGULATIONS                           



      Pub. L. 106-169, title I, Sec. 101(d), Dec. 14, 1999, 113 Stat.



    1828, provided that: "Not later than 12 months after the date of



    the enactment of this Act [Dec. 14, 1999], the Secretary of Health



    and Human Services shall issue such regulations as may be necessary



    to carry out the amendments made by this section [amending this



    section and section 674 of this title]."

 

      TEMPORARY EXTENSION OF AVAILABILITY OF INDEPENDENT LIVING FUNDS 



      Pub. L. 107-133, title II, Sec. 202(b), Jan. 17, 2002, 115 Stat.



    2425, provided that: "Notwithstanding section 477(d)(3) of the



    Social Security Act [subsec. (d)(3) of this section], 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."

 

                                 FINDINGS                            



      Pub. L. 106-169, title I, Sec. 101(a), Dec. 14, 1999, 113 Stat.



    1823, provided that: "The Congress finds the following:



        "(1) States are required to make reasonable efforts to find



      adoptive families for all children, including older children, for



      whom reunification with their biological family is not in the



      best interests of the child. However, some older children will



      continue to live in foster care. These children should be



      enrolled in an Independent Living program designed and conducted



      by State and local government to help prepare them for



      employment, postsecondary education, and successful management of



      adult responsibilities.



        "(2) Older children who continue to be in foster care as



      adolescents may become eligible for Independent Living programs.



      These Independent Living programs are not an alternative to



      adoption for these children. Enrollment in Independent Living



      programs can occur concurrent with continued efforts to locate



      and achieve placement in adoptive families for older children in



      foster care.



        "(3) About 20,000 adolescents leave the Nation's foster care



      system each year because they have reached 18 years of age and



      are expected to support themselves.



        "(4) Congress has received extensive information that



      adolescents leaving foster care have significant difficulty



      making a successful transition to adulthood; this information



      shows that children aging out of foster care show high rates of



      homelessness, non-marital childbearing, poverty, and delinquent



      or criminal behavior; they are also frequently the target of



      crime and physical assaults.



        "(5) The Nation's State and local governments, with financial



      support from the Federal Government, should offer an extensive



      program of education, training, employment, and financial support



      for young adults leaving foster care, with participation in such



      program beginning several years before high school graduation and



      continuing, as needed, until the young adults emancipated from



      foster care establish independence or reach 21 years of age."

 

           STUDY AND REPORT EVALUATING EFFECTIVENESS OF PROGRAMS      



      Section 8002(d) of Pub. L. 101-239 provided that:



      "(1) Study. - The Secretary of Health and Human Services shall



    study the programs authorized under section 477 of the Social



    Security Act [this section] for the purposes of evaluating the



    effectiveness of the programs. The study shall include a comparison



    of outcomes of children who participated in the programs and a



    comparable group of children who did not participate in the



    programs.



      "(2) Report. - Upon completion of the study, the Secretary shall



    issue a report to the Committee on Finance of the Senate and the



    Committee on Ways and Means of the House of Representatives."

 

 

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