Source
(Aug. 14, 1935, ch. 531, title IV, § 477, as added Pub. L. 99–272, title XII, § 12307(a), Apr. 7, 1986, 100 Stat. 294; amended Pub. L. 100–647, title VIII, § 8104(a)–(d), (f), Nov. 10, 1988, 102 Stat. 3796, 3797; Pub. L. 101–239, title VIII, § 8002(a), (b), Dec. 19, 1989, 103 Stat. 2452; Pub. L. 101–508, title V, § 5073(a), Nov. 5, 1990, 104 Stat. 1388–233; Pub. L. 103–66, title XIII, § 13714(a), Aug. 10, 1993, 107 Stat. 657; Pub. L. 105–89, title III, § 304, Nov. 19, 1997, 111 Stat. 2130; Pub. L. 106–169, title I, § 101(b), Dec. 14, 1999, 113 Stat. 1824; Pub. L. 107–133, title II, §§ 201(a)–(e), 202(a), Jan. 17, 2002, 115 Stat. 2422, 2423, 2425.)
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 (§ 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.
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.
Amendments
2002—Subsec. (a)(6).
Pub. L. 107–133, § 201(a), added par. (6).
Subsec. (b)(3)(J).
Pub. L. 107–133, § 201(c), added subpar. (J).
Subsec. (c)(1).
Pub. L. 107–133, § 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, § 201(e)(2), added pars. (3) and (4).
Subsec. (d)(4).
Pub. L. 107–133, § 202(a), added par. (4).
Subsec. (h).
Pub. L. 107–133, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 8002(a)(1), substituted “through 1992” for “, 1988, and 1989”.
Subsec. (c).
Pub. L. 101–239, § 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, § 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, § 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, § 8002(a)(1), see below.
Pub. L. 101–239, § 8002(a)(1), substituted “through 1992” for “, 1988, and 1989”.
1988—Subsec. (a).
Pub. L. 100–647, § 8104(a)(1), substituted “1987, 1988, and 1989” for “1987 and 1988”.
Subsec. (a)(1).
Pub. L. 100–647, § 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, § 8104(d), added subpar. (C).
Subsec. (c).
Pub. L. 100–647, § 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, § 8104(a)(1), substituted “1987, 1988, and 1989” for “1987 and 1988”.
Subsec. (e)(3).
Pub. L. 100–647, § 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, § 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, § 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, § 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, § 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, § 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, § 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.”