Pub. L. 107-133, tit. II, sec. 201
EDUCATIONAL AND TRAINING VOUCHERS FOR YOUTHS AGING OUT OF FOSTER CARE.
SEC. 201. EDUCATIONAL AND TRAINING VOUCHERS FOR YOUTHS AGING OUT OF FOSTER CARE. (a) Purpose.—Section 477(a) (42 U.S.C. 677(a)) is amended— (1) by striking “and” at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting “; and”; and (3) by adding at the end the following new paragraph: “(6) to make available vouchers for education and training, including postsecondary training and education, to youths who have aged out of foster care.”. (b) Educational and Training Vouchers.—Section 477 (42 U.S.C. 677) is amended by adding at the end the following: “(i) Educational and Training Vouchers.—The following conditions shall apply to a State educational and training voucher program under this section: “(1) Vouchers under the program may be available to youths otherwise eligible for services under the State program under this section. “(2) For purposes of the voucher program, youths adopted from foster care after attaining age 16 may be considered to be youths otherwise eligible for services under the State program under this section. 115 STAT. 2423 “(3) The State may allow youths participating in the voucher program on the date they attain 21 years of age to remain eligible until they attain 23 years of age, as long as they are enrolled in a postsecondary education or training program and are making satisfactory progress toward 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)— 115 STAT. 2424 (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 115 STAT. 2425 subsection for such purposes for all prior quarters in the fiscal year”.