PUBLIC LAW 106-169—DEC. 14, 1999 113 STAT. 1827 this section for fiscal year 1998 bears to the sum of such excess amounts determined for all such States. " (d) USE OF FUNDS. — "(1) IN GENERAL.—^A State to which an amount is paid from its allotment under subsection (c) 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) 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. "(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, United States Code, or by any other means, that a program receiving funds from an allotment made to a State under subsection (c) has been operated in a manner that is inconsistent with, or not disclosed in the State application approved under subsection (b), 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 amornit of the allotment. "(2) FAILURE TO COMPLY WITH DATA REPORTING REQUIRE- MENT. — 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) 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, employ- ment, 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
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