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. Part B of title III of the Act is classified generally to part B (§ 11221 et seq.) of subchapter III of chapter 111 of Title 34, Crime Control and Law Enforcement. For complete classification of this Act to the Code, see Short Title of 1974 Act note under section 10101 of Title 34 and Tables.

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.

2018—Pub. L. 115–123, § 50753(d)(1), substituted “Program for Successful Transition to Adulthood” for “Independence Program” in section catchline.

Subsec. (a)(1). Pub. L. 115–123, § 50753(d)(2)(A), substituted “support all youth who have experienced foster care at age 14 or older in their transition to adulthood through transitional services such as assistance in obtaining a high school diploma and post-secondary education, career exploration, vocational training, job placement and retention, training and opportunities to practice daily living skills (such as financial literacy training and driving instruction)” for “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”.

Subsec. (a)(2). Pub. L. 115–123, § 50753(d)(2)(B), substituted “who have experienced foster care at age 14 or older achieve meaningful, permanent connections with a caring adult” for “who are likely to remain in foster care until 18 years of age receive the education, training, and services necessary to obtain employment”.

Subsec. (a)(3). Pub. L. 115–123, § 50753(d)(2)(C), substituted “who have experienced foster care at age 14 or older engage in age or developmentally appropriate activities, positive youth development, and experiential learning that reflects what their peers in intact families experience” for “who are likely to remain in foster care until 18 years of age prepare for and enter postsecondary training and education institutions”.

Subsec. (a)(4). Pub. L. 115–123, § 50753(d)(2)(D), redesignated par. (5) as (4) and struck out former par. (4) which read as follows: “to provide personal and emotional support to children aging out of foster care, through mentors and the promotion of interactions with dedicated adults;”.

Subsec. (a)(5). Pub. L. 115–123, § 50753(d)(2)(D), redesignated par. (6) as (5). Former par. (5) redesignated (4).

Pub. L. 115–123, § 50753(a)(1), inserted “(or 23 years of age, in the case of a State with a certification under subsection (b)(3)(A)(ii) to provide assistance and services to youths who have aged out of foster care and have not attained such age, in accordance with such subsection)” after “21 years of age”.

Subsec. (a)(6) to (8). Pub. L. 115–123, § 50753(d)(2)(D), redesignated pars. (6) to (8) as (5) to (7), respectively.

Subsec. (b)(2)(D). Pub. L. 115–123, § 50753(d)(3)(A), substituted “youth” for “adolescents”.

Subsec. (b)(3)(A). Pub. L. 115–123, § 50753(a)(2), designated existing provisions as cl. (i), substituted “youths who have aged out of foster care and have not attained 21 years of age.” for “children who have left foster care because they have attained 18 years of age, and who have not attained 21 years of age.”, and added cl. (ii).

Subsec. (b)(3)(B). Pub. L. 115–123, § 50753(a)(3), substituted “youths who have aged out of foster care and have not attained 21 years of age (or 23 years of age, in the case of a State with a certification under subparagraph (A)(i) to provide assistance and services to youths who have aged out of foster care and have not attained such age, in accordance with subparagraph (A)(ii)).” for “children who have left foster care because they have attained 18 years of age, and who have not attained 21 years of age.”

Subsec. (b)(3)(D). Pub. L. 115–123, § 50753(d)(3)(B)(i), inserted “including training on youth development” after “to provide training” and substituted “youth preparing for a successful transition to adulthood and making a permanent connection with a caring adult.” for “adolescents preparing for independent living, and will, to the extent possible, coordinate such training with the independent living program conducted for adolescents.”

Subsec. (b)(3)(H). Pub. L. 115–123, § 50753(d)(3)(B)(ii), substituted “youth” for “adolescents” in two places.

Subsec. (b)(3)(K). Pub. L. 115–123, § 50753(d)(3)(B)(iii), substituted “a youth” for “an adolescent” and, wherever appearing, “the youth” for “the adolescent”.

Subsec. (d)(4). Pub. L. 115–123, § 50753(b)(1), inserted “or does not expend allocated funds within the time period specified under subsection (d)(3)” after “provided by the Secretary”.

Subsec. (d)(5). Pub. L. 115–123, § 50753(b)(2), added par. (5).

Subsec. (f)(2). Pub. L. 115–123, § 50753(d)(4), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “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.”

Subsec. (i)(1). Pub. L. 115–123, § 50753(c)(2), inserted “who have attained 14 years of age” before period at end.

Subsec. (i)(3). Pub. L. 115–123, § 50753(c)(1), substituted “to remain eligible until they attain 26” for “on the date they attain 21 years of age to remain eligible until they attain 23” and inserted before period at end “, but in no event may a youth participate in the program for more than 5 years (whether or not consecutive)”.

2014—Subsec. (a)(8). Pub. L. 113–183, § 111(c)(1), added par. (8).

Subsec. (h)(1). Pub. L. 113–183, § 111(c)(2), inserted “or, beginning in fiscal year 2020, $143,000,000” after “$140,000,000”.

2010—Subsec. (b)(3)(K). Pub. L. 111–148 added subpar. (K).

2008—Subsec. (a)(7). Pub. L. 110–351, § 101(e)(1), added par. (7).

Subsec. (b)(3)(G). Pub. L. 110–351, § 301(c)(1)(B), substituted “tribes; that” for “tribes; and that” and inserted “; and that the State will negotiate in good faith with any Indian tribe, tribal organization, or tribal consortium in the State that does not receive an allotment under subsection (j)(4) for a fiscal year and that requests to develop an agreement with the State to administer, supervise, or oversee the programs to be carried out under the plan with respect to the Indian children who are eligible for such programs and who are under the authority of the tribe, organization, or consortium and to receive from the State an appropriate portion of the State allotment under subsection (c) for the cost of such administration, supervision, or oversight” before period at end.

Subsec. (i)(2). Pub. L. 110–351, § 101(e)(2), substituted “who, after attaining 16 years of age, are adopted from, or enter kinship guardianship from, foster care” for “adopted from foster care after attaining age 16”.

Subsec. (j). Pub. L. 110–351, § 301(b), added subsec. (j).

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).

Amendment by Pub. L. 113–183 effective on the date that is 1 year after Sept. 29, 2014, with delay permitted if State legislation is required, see section 111(d) of Pub. L. 113–183, set out as a note under section 671 of this title.

Amendment by Pub. L. 111–148 effective Oct. 1, 2010, see section 2955(d) of Pub. L. 111–148, set out as a note under section 622 of this title.

Amendment by section 301(b), (c)(1)(B) of Pub. L. 110–351 effective Oct. 1, 2009, without regard to whether implementing regulations have been promulgated, see section 301(f) of Pub. L. 110–351, set out as a note under section 671 of this title.

Amendment by Pub. L. 110–351 effective Oct. 7, 2008, except as otherwise provided, and applicable to payments under this part and part B of this subchapter for quarters beginning on or after effective date of amendment, with delay permitted if State legislation is required to meet additional requirements, see section 601 of Pub. L. 110–351, set out as a note under section 671 of this title.

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.

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.

Pub. L. 103–66, title XIII, § 13714(b), Aug. 10, 1993, 107 Stat. 657, provided that: “The amendments made by subsection (a) [amending this section] shall apply to activities engaged in, on, or after October 1, 1992.”

Pub. L. 101–508, title V, § 5073(b), Nov. 5, 1990, 104 Stat. 1388–233, 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 [42 U.S.C. 670 et seq.] for fiscal years beginning in or after fiscal year 1991.”

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.

Pub. L. 100–647, title VIII, § 8104(g), Nov. 10, 1988, 102 Stat. 3797, 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].”

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].”

For construction of amendment by section 301(b), (c)(1)(B) of Pub. L. 110–351, see section 301(d) of Pub. L. 110–351, set out as a note under section 671 of this title.

Pub. L. 107–133, title II, § 202(b), Jan. 17, 2002, 115 Stat. 2425, extended the availability of payments made to a State under this section for fiscal year 2000 through fiscal year 2002.

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.”

Pub. L. 101–239, title VIII, § 8002(d), Dec. 19, 1989, 103 Stat. 2453, provided that: “(1) Study.—The Secretary of Health and Human Services shall study the programs authorized under section 477 of the Social Security Act [42 U.S.C. 677] 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.”