[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1376 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1376
To amend parts B and E of title IV of the Social Security Act to
eliminate barriers to providing child welfare services for children and
youth in need, to provide additional resources to implement
programmatic changes necessary to meet the requirements of the Family
First Prevention Services Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 8, 2019
Mr. Brown (for himself, Ms. Stabenow, Ms. Klobuchar, and Mrs.
Gillibrand) introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend parts B and E of title IV of the Social Security Act to
eliminate barriers to providing child welfare services for children and
youth in need, to provide additional resources to implement
programmatic changes necessary to meet the requirements of the Family
First Prevention Services Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Family First
Transition and Support Act of 2019''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ELIMINATING BARRIERS TO PROVIDING CHILD WELFARE SERVICES FOR
CHILDREN IN NEED
Sec. 101. Elimination of the AFDC eligibility requirement for foster
care maintenance payments for children
placed in a foster family home.
Sec. 102. Increased funding for promoting safe and stable families.
Sec. 103. Promoting safe and stable families through kinship placement
support services programs.
Sec. 104. Using family preservation services to stabilize families in
crisis.
Sec. 105. More funding and training for caseworker development.
Sec. 106. Funding for evaluation and identification of evidence-based
prevention practices.
Sec. 107. Increased funding for regional partnership grants.
TITLE II--SUPPORT FOR MEETING THE REQUIREMENTS OF THE FAMILY FIRST
PREVENTION SERVICES ACT
Sec. 201. Delay of 50 percent well-supported prevention practices
requirement.
Sec. 202. Temporary additional funding for foster parent recruitment
and increasing quality family and
residential care settings.
Sec. 203. Overpayment grace period for waiver States with county-
administered programs.
Sec. 204. Pre-approval authority for programs with promising,
supported, or well-supported practices.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Additional resources for the child welfare court improvement
program.
Sec. 302. Additional resources and improvements for tribal child
welfare programs.
Sec. 303. Effective date.
TITLE I--ELIMINATING BARRIERS TO PROVIDING CHILD WELFARE SERVICES FOR
CHILDREN IN NEED
SEC. 101. ELIMINATION OF THE AFDC ELIGIBILITY REQUIREMENT FOR FOSTER
CARE MAINTENANCE PAYMENTS FOR CHILDREN PLACED IN A FOSTER
FAMILY HOME.
(a) In General.--Section 472(a) of the Social Security Act (42
U.S.C. 672(a)) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``Each State'' and inserting ``Subject to
paragraph (5), each State''; and
(2) by adding at the end the following:
``(5) Elimination of the afdc eligibility requirement for
children placed in a foster family home.--Beginning October 1,
2019, the AFDC eligibility requirement of paragraph (3) shall
no longer apply with respect to a child who has been removed
from the home of a relative or a caretaker into foster care and
placed in a foster family home. On and after such date, each
State with a plan approved under this part shall make foster
care maintenance payments on behalf of each child who has been
removed from the home of a relative or caretaker into foster
care and placed in a foster family home (without regard to
whether such removal and placement occurred before, on, or
after October 1, 2019), if the removal and foster care
placement met, and continues to meet, the requirements of
paragraph (2).''.
(b) Reinvestment of Savings.--Section 472 of such Act is amended by
adding at the end the following:
``(l) Reinvestment of Savings From Elimination of the AFDC
Eligibility Requirement.--
``(1) Spending requirement.--Beginning with fiscal year
2021, a State shall spend an amount equal to the amount of
savings (if any) in State expenditures under this part for the
preceding fiscal year resulting from the amendments made by
section 101(a) of the Family First Transition and Support Act
of 2019 (eliminating the AFDC eligibility requirement for
children placed in a foster family home) to provide children or
families any service that may be provided under this part or
part B. In the case of a State in which the State plans under
this part and part B are administered by 1 or more political
subdivisions of the State, the State shall distribute such
savings (if any) determined for a fiscal year among the
political subdivisions of the State administering such State
plans.
``(2) Determination of savings.--
``(A) In general.--A State shall calculate the
savings (if any) for a fiscal year for purposes of
meeting the requirement of paragraph (1), using a
methodology specified by the Secretary or an alternate
methodology proposed by the State and approved by the
Secretary.
``(B) Report.--A State shall annually report to the
Secretary--
``(i) the methodology used to make the
calculation described in subparagraph (A),
without regard to whether any savings are
found;
``(ii) the amount of any savings referred
to in subparagraph (A);
``(iii) how any such savings are spent,
accounting for and reporting the spending
separately from any other spending reported to
the Secretary under part B or this part; and
``(iv) in the case of a State in which the
State plans under this part and part B are
administered by 1 or more political
subdivisions of the State, the proportion of
such savings that were distributed to political
subdivisions of the State.
``(C) Publicly available.--The Secretary shall make
all information reported pursuant to subparagraph (B)
available on the website of the Department of Health
and Human Services in a location easily accessible to
the public.
``(3) Supplement, not supplant.--Any State spending
required under paragraph (1) shall be used to supplement, and
not supplant, any Federal or non-Federal funds used to provide
any service under part B or this part.''.
SEC. 102. INCREASED FUNDING FOR PROMOTING SAFE AND STABLE FAMILIES.
Section 436(a) of the Social Security Act (42 U.S.C. 629f(a)) is
amended by striking ``through 2021'' and inserting ``through 2019, and
$665,000,000 for each of fiscal years 2020 through 2021''.
SEC. 103. PROMOTING SAFE AND STABLE FAMILIES THROUGH KINSHIP PLACEMENT
SUPPORT SERVICES PROGRAMS.
(a) Addition of Kinship Placement Support Services to the Promoting
Safe and Stable Families Program.--Section 431(a) of the Social
Security Act (42 U.S.C. 629a(a)) is amended by adding at the end the
following:
``(10) Kinship placement support services.--
``(A) In general.--The term `kinship placement
support services' means the services and activities
described in subparagraph (B) that are provided on
behalf of children and youth in kinship care
arrangements who are in, or at risk of entering or re-
entering, foster care.
``(B) Services and activities described.--The
services and activities described in this subparagraph
are the following:
``(i) Crisis stabilization services,
including case management services designed to
stabilize families in crisis such as
transportation, assistance with housing and
utility payments, and access to adequate health
care, child care assistance, and establishing a
kinship placement crisis stabilization fund for
purposes of making direct cash payments to kin
caregivers for immediate needs of children
placed with such caregivers in order to
facilitate kinship placements and prevent the
entry of children into foster care.
``(ii) Family finding, including intensive
family-finding efforts that utilize search
technology to find biological family members
for children in, or at risk of entering, foster
care.
``(iii) Re-establishing family
relationships and supporting family group
decision-making.
``(iv) Other assistance or services related
to strengthening and supporting kinship
families to improve the well-being of children
and their kin caregivers, including, if
requested, assistance in becoming a licensed
foster family home.''.
(b) Maintenance of Effort Requirement.--Section 432(a)(7) of such
Act (42 U.S.C. 629b(a)(7)) is amended--
(1) in subparagraph (A)--
(A) by striking ``assurances that Federal funds''
and inserting ``assurances that--
``(i) Federal funds''; and
(B) by adding at the end the following:
``(ii) the total amount of State expenditures made
for fiscal year 2020 and each fiscal year thereafter to
support kinship placements shall not be less than the
total amount of such expenditures made for fiscal year
2019; and''; and
(2) in subparagraph (B), by inserting ``and spending
requirements'' after ``prohibition''.
(c) Conforming Amendments.--
(1) Section 430 of such Act (42 U.S.C. 629) is amended--
(A) in the matter preceding paragraph (1), by
inserting ``kinship placement support services,'' after
``family reunification services,'';
(B) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(C) by inserting after paragraph (2), the
following:
``(3) To support kinship placements to maintain family
connections while ensuring the safety and well-being of
children and youth and the well-being of their kin
caregivers.''.
(2) Paragraphs (4) and (5) of section 432(a) of such Act
(42 U.S.C. 629b(a)) are each amended by inserting ``kinship
placement support services,'' after ``family reunification
services,''.
SEC. 104. USING FAMILY PRESERVATION SERVICES TO STABILIZE FAMILIES IN
CRISIS.
Section 431(a)(1) of the Social Security Act (42 U.S.C. 629a(a)(1))
is amended--
(1) in subparagraph (E), by striking ``and'' after the
semicolon;
(2) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(G) case management services designed to
stabilize families in crisis such as transportation,
assistance with housing and utility payments, and
access to adequate health care.''.
SEC. 105. MORE FUNDING AND TRAINING FOR CASEWORKER DEVELOPMENT.
(a) Increased Reservation of Funds.--Section 436(b)(4)(A) of the
Social Security Act (42 U.S.C. 629f(b)(4)(A)) is amended by striking
``through 2021'' and inserting ``through 2019, and $50,000,000 for each
of fiscal years 2020 through 2021''.
(b) Use of Funds.--Section 436(b)(4)(B) of such Act (42 U.S.C.
629f(b)(4)(B)) is amended--
(1) in clause (i)--
(A) by striking ``the amount to improve'' and
inserting ``the amount to--
``(I) improve'';
(B) by striking the period and inserting a
semicolon; and
(C) by adding at the end the following:
``(II) identify and reduce the
impact of vicarious trauma among
caseworkers; and
``(III) provide caseworkers with
training in best practices for directly
working with families where a parent or
another member of the family has a
substance use disorder or behavioral
health issue.''; and
(2) by adding at the end the following:
``(iii) Documentation of use of funds for
caseworker development.--A State shall annually
report to the Secretary, separately from any
other spending reported to the Secretary under
part E or this part, the amounts used by the
State and how such amounts are expended for a
fiscal year to meet the requirements of
subclauses (II) and (III) of clause (i).''.
SEC. 106. FUNDING FOR EVALUATION AND IDENTIFICATION OF EVIDENCE-BASED
PREVENTION PRACTICES.
(a) Increased Reservation of Funds.--Section 436(b)(1) of the
Social Security Act (42 U.S.C. 629f(b)(1)) is amended, in the matter
preceding subparagraph (A), by striking ``$6,000,000'' and inserting
``$26,000,000''.
(b) Targeted Reservations of Funds.--Section 435 of such Act (42
U.S.C. 629e) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``and'' after the
semicolon;
(B) in paragraph (2), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(3) $15,000,000 to award grants to States under
subsection (f) for research and evaluations; and
``(4) for each of fiscal years 2020 through 2022,
$5,000,000 for expenditures by the Secretary described in
subsection (g).''; and
(2) by adding at the end the following:
``(f) Grants to States for Research and Evaluations.--
``(1) Authority to award grants.--
``(A) In general.--The Secretary shall award grants
to States to carry out State-directed research and
evaluations.
``(B) Applications.--To be eligible for a grant
under this subsection, a State shall submit to the
Secretary an application at such time, in such manner,
and containing such information as the Secretary may
require.
``(2) Requirements.--States awarded grants under this
subsection shall agree to do the following:
``(A) Use of funds.--To use the grant funds to
carry out 1 or more of the following activities in
collaboration with nonprofit organizations and
educational institutions:
``(i) Researching and evaluating culturally
appropriate interventions to strengthen
families and prevent children and youth from
entering or re-entering foster care.
``(ii) Developing programs and activities
that meet the requirements for promising,
supported, or well-supported practices
specified in section 471(e)(4)(C).
``(iii) Developing and evaluating kinship
navigator model programs, including for
purposes of determining if any such program is,
or with specific modifications may be, operated
in a way that meet the requirements for
promising, supported, or well-supported
practices specified in section 471(e)(4)(C).
``(iv) Developing or implementing programs
or activities for 1 or more of the following
purposes:
``(I) To combat intergenerational
poverty.
``(II) To prevent youth from re-
entering foster care and from aging out
of foster care.
``(III) To improve the quality of
services for birth parents and
relatives of children and youth in
foster care or at risk of entering or
re-entering foster care.
``(IV) To increase community
engagement and decision-making in child
protection services.
``(V) To improve service delivery
and community response for youth
victims of labor or sex trafficking.
``(VI) To support children, youth,
and families of color and others who
experience disproportionate
representation and disparities with
respect to the provision of child
welfare services.
``(B) Evaluation and report.--To evaluate the
effectiveness of the activities carried out with grant
funds (or participate in an evaluation by the Secretary
of such activities) and to submit a report to the
Secretary on the results of the evaluation that
contains such information as the Secretary may require.
``(g) Accelerating Identification and Approval of Evidence-Based
Prevention Practices and Workforce Development Best Practices.--For
purposes of subsection (c)(4), the expenditures by the Secretary
described in this subsection are the following:
``(1) Expenditures for evaluations of program models,
selected in consultation with State child welfare agencies, for
purposes of identifying program models and activities that
meet, or with specific modifications would meet, the
requirements for promising, supported, or well-supported
practices specified in section 471(e)(4)(C).
``(2) Expenditures to accelerate the implementation of the
clearinghouse of promising, supported, and well-supported
practices established under section 476(d)(2).
``(3) Expenditures for research, identification, and
dissemination of best practices for developing and sustaining a
high quality child welfare caseworker workforce.
``(4) Expenditures for administrative costs attributable to
carrying out this subsection, but only to the extent such costs
do not exceed 5 percent of the amount reserved in subsection
(c)(4).''.
SEC. 107. INCREASED FUNDING FOR REGIONAL PARTNERSHIP GRANTS.
(a) Increased Reservation of Funds.--Section 436(b)(5) of the
Social Security Act (42 U.S.C. 629f(b)(5)) is amended by striking
``through 2021'' and inserting ``through 2019 and $60,000,000 for each
of fiscal years 2020 through 2021''.
(b) Technical Amendment.--Section 437(c)(2) of such Act (42 U.S.C.
629g(c)(2)) is amended by striking ``subection'' and inserting
``subsection''.
TITLE II--SUPPORT FOR MEETING THE REQUIREMENTS OF THE FAMILY FIRST
PREVENTION SERVICES ACT
SEC. 201. DELAY OF 50 PERCENT WELL-SUPPORTED PREVENTION PRACTICES
REQUIREMENT.
Section 474(a)(6)(A)(ii) of the Social Security Act (42 U.S.C.
674(a)(6)(A)(ii)) is amended by striking ``for a fiscal year'' and
inserting ``for any fiscal year after fiscal year 2026''.
SEC. 202. TEMPORARY ADDITIONAL FUNDING FOR FOSTER PARENT RECRUITMENT
AND INCREASING QUALITY FAMILY AND RESIDENTIAL CARE
SETTINGS.
Section 436 of the Social Security Act (42 U.S.C. 629f) is amended
by adding at the end the following:
``(d) Temporary Additional Funding for Foster Parent Recruitment
and Increasing Quality Family and Residential Care Settings.--
``(1) Appropriation.--
``(A) In general.--In addition to any amounts
otherwise made available to carry out this subpart, out
of any money in the Treasury of the United States not
otherwise appropriated, there are appropriated
$75,000,000 for each of fiscal years 2020 through 2021.
``(B) Reservation of funds.--The Secretary shall
reserve 3 percent of the amounts appropriated under
subparagraph (A) for a fiscal year for allotment to
Indian tribes or tribal consortia under paragraph
(2)(A).
``(2) Allotments to states and indian tribes or tribal
consortia.--
``(A) Indian tribes or tribal consortia.--From the
amounts reserved under paragraph (1)(B) for a fiscal
year, the Secretary shall allot to each Indian tribe or
tribal consortia with a plan approved under this
subpart an amount determined in the same manner as
amounts are allotted to Indian tribes or tribal
consortia under section 433(a).
``(B) States.--From the amounts appropriated under
paragraph (1)(A) for a fiscal year that remain after
applying subparagraph (A) of this paragraph, the
Secretary shall allot--
``(i) to each of the jurisdictions of
Puerto Rico, Guam, the Virgin Islands, the
Northern Mariana Islands, and American Samoa,
an amount determined in the same manner as the
allotment to each of such jurisdictions is
determined under section 433(b); and
``(ii) to each State other than an Indian
tribe or a jurisdiction specified in clause
(i), an amount determined in the same manner as
the allotment to each such State is determined
under section 433(c).
``(3) Use of funds.--States and Indian tribes or tribal
consortia shall use the allotments made under paragraph (2) for
1 or more of the following purposes:
``(A) To increase the recruitment, training, and
retention of foster parents, particularly, foster
parents for special populations such as sibling groups,
children and youth with special physical or behavioral
health needs, infants prenatally exposed to substances,
medically fragile children, adolescent and teen
populations, older youth, and victims of sex
trafficking, including through costs attributable to
training on child development, child trauma, and caring
for children with special health care needs.
``(B) To improve State capacity to offer
therapeutic treatment foster family homes with well-
trained and well-supported caregivers, licensed
residential family-based treatment facilities for
substance abuse that satisfy the requirements of
section 472(j), and placement settings described in
section 472(k)(2), including through costs attributable
to meeting licensing standards and the accreditation of
programs and care settings, costs attributable to
training on child development, child trauma, and caring
for children with special health care needs and
training for families of origin, adoptive families, and
foster family home caregivers, and costs attributable
to supporting a child's transition to or from placement
in a care setting.
``(C) To improve State implementation of plans
required under section 422(b)(15) for the ongoing
oversight and coordination of health care services for
any child in a foster care, to better address the
health needs of children in foster care and prevent
placement disruption and foster parent turnover,
including through consultation with pediatric medical
experts, improved health data sharing and coordination
activities, and employing or contracting for
pediatrician medical directors to serve within child
welfare agencies who have expertise in child physical
and mental health, child development, and child trauma.
``(4) Payment rules.--
``(A) No match required.--Each State that has a
plan approved under section 432 and each Indian tribe
or tribal consortia with a plan approved under this
subpart shall be entitled to payment for a fiscal year
of 100 percent of the amounts allotted to the State or
Indian tribe or tribal consortia under paragraph (2)
for the fiscal year.
``(B) Availability of funds.--
``(i) In general.--Amounts allotted to a
State or Indian tribe or tribal consortia under
paragraph (2) for a fiscal year shall remain
available for expenditure by the State or
Indian tribe or tribal consortia through the
end of the third succeeding fiscal year.
``(ii) Amounts redistributed.--Any amounts
reallotted shall remain available only through
the end of the fiscal year in which such
amounts are distributed.
``(C) Applicability of certain rules.--The rules of
section 433(d) subsections (c) and (d) of section 434
shall apply in like manner to the amounts allotted
under paragraph (2) of this subsection.
``(5) Report.--
``(A) In general.--Each State and Indian tribe or
tribal consortia provided an allotment under this
subsection shall submit a report to the Secretary, at
such time, in such manner, and containing such
information as the Secretary may require, on the
activities carried out with the amounts allotted.
``(B) Indian tribes and tribal consortia.--The
Secretary may modify the reporting requirement under
subparagraph (A) for an Indian tribe or tribal
consortia in accordance with section 428(d).''.
SEC. 203. OVERPAYMENT GRACE PERIOD FOR WAIVER STATES WITH COUNTY-
ADMINISTERED PROGRAMS.
Section 474(b) of the Social Security Act (42 U.S.C. 674(b)) is
amended by adding at the end the following:
``(5) Overpayment Grace Period Option for Certain States.--In the
case of any State conducting a demonstration project under section 1130
that is scheduled to terminate on September 30, 2019, and that is
administered by 1 or more political subdivisions of the State, the
State may enter into an agreement with the Secretary under which--
``(A) the State shall agree to make payments for each
quarter of fiscal year 2020 to each such political subdivision
of the State for the amount the political subdivision estimates
will be expended for foster care maintenance payments and
administrative expenditures attributable to the provision of
such payments for the quarter solely on the basis of estimates
and without requiring the political subdivision to submit an
invoice or claim based on actual expenditures until after the
quarter has ended;
``(B) the Secretary shall agree to not reduce any quarterly
payment made to the State during fiscal year 2020 or 2021 to
the extent of any overpayment which the Secretary determines
was made under this section to such State for any prior quarter
of any fiscal year; and
``(C) the Secretary shall recover any overpayments deferred
under subparagraph (B) to quarters beginning on or after
October 1, 2021, on the basis of such terms as the Secretary
and the State shall agree.''.
SEC. 204. PRE-APPROVAL AUTHORITY FOR PROGRAMS WITH PROMISING,
SUPPORTED, OR WELL-SUPPORTED PRACTICES.
Section 471(e)(4)(D)(i) of the Social Security Act (42 U.S.C.
671(e)(4)(D)(i)) is amended by adding at the end the following: ``The
fact that a service or program is not included on any such pre-approved
list shall not prohibit a State from receiving payments under section
474(a)(6) for the provision of services or programs specified in
subparagraph (A) or (B) of paragraph (1) of this subsection that meet
the applicable criteria specified for such practices in subparagraph
(C) of this paragraph, or for which payment is available under section
474(a)(7).''.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. ADDITIONAL RESOURCES FOR THE CHILD WELFARE COURT IMPROVEMENT
PROGRAM.
(a) Increased Funding.--Section 436(b)(2) of the Social Security
Act (42 U.S.C. 629f(b)(2)) is amended by striking ``$30,000,000'' and
inserting ``$60,000,000''.
(b) Program Changes.--Section 438 of such Act (42 U.S.C. 629h) is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting ``in
a timely and complete manner'' before ``, as
set forth''; and
(ii) in subparagraph (C), by striking the
semicolon and inserting ``, including by
training judges, attorneys, and other legal
personnel.''; and
(B) by striking paragraphs (3) and (4);
(2) in subsection (b)--
(A) by striking paragraph (2); and
(B) by striking all that precedes ``be eligible to
receive'' and inserting the following:
``(b) Applications.--In order to''; and
(i) in the matter preceding paragraph (2)--
(I) by moving the matter 2 ems to
the left;
(II) in subparagraph (A)--
(aa) by striking ``(A) in
the case of a grant for the
purpose described in subsection
(a)(3),'' and inserting
``(1)''; and
(bb) by inserting ``use not
less than 30 percent of grant
funds to'' before
``collaborate'';
(III) in subparagraph (B), by
striking ``(B) in the case of a grant
for the purpose described in subsection
(a)(4),'' and inserting ``(2)''; and
(IV) in subparagraph (C), by
striking ``(C) in the case of a grant
for the purpose described in subsection
(a),'' and inserting ``(3)''; and
(3) by striking subsection (c) and inserting the following:
``(c) Amount of Grant.--
``(1) In general.--From the amounts reserved under sections
436(b)(2) and 437(b)(2) for a fiscal year, each highest State
court that has an application approved under this section for
the fiscal year shall be entitled to payment of an amount equal
to the sum of--
``(A) $255,000; and
``(B) the amount described in paragraph (2) with
respect to the court and the fiscal year.
``(2) Amount described.--The amount described in this
paragraph with respect to a court and a fiscal year is the
amount that bears the same ratio to the total of the amounts
reserved under sections 436(b)(2) and 437(b)(2) for grants
under this section for the fiscal year (after applying
paragraphs (1)(A) and (3) of this subsection) as the number of
individuals in the State in which the court is located who have
not attained 21 years of age bears to the total number of such
individuals in all States with a highest State court that has
an approved application under this section for the fiscal year.
``(3) Indian tribes.--From the amounts reserved under
section 436(b)(2) for a fiscal year, the Secretary shall,
before applying paragraph (1) of this subsection, allocate
$5,000,000 for grants to be awarded on a competitive basis
among the highest courts of Indian tribes or tribal consortia
that--
``(A) are operating a program under part E, in
accordance with section 479B;
``(B) are seeking to operate a program under part E
and have received an implementation grant under section
476; or
``(C) have a court responsible for proceedings
related to foster care or adoption.''.
(c) Technical Amendments.--Section 438(a) of such Act (42 U.S.C.
629h(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D), by adding ``and'' after
the semicolon; and
(B) in subparagraph (E)(iii), by striking ``and''
after the semicolon; and
(2) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``state'' and inserting ``State''.
SEC. 302. ADDITIONAL RESOURCES AND IMPROVEMENTS FOR TRIBAL CHILD
WELFARE PROGRAMS.
(a) Minimum Grant Eligibility Threshold Replaced With Minimum Grant
Amount.--
(1) Elimination of minimum grant eligibility threshold.--
Section 432(b)(2) of the Social Security Act (42 U.S.C.
629b(b)(2)) is amended by striking subparagraph (B).
(2) Minimum grant amount.--Section 433(a) of such Act (42
U.S.C. 629c(a)) is amended to read as follows:
``(a) Indian Tribes or Tribal Consortia.--
``(1) Indian tribes.--
``(A) In general.--From the amount reserved
pursuant to section 436(b)(3) for any fiscal year, the
Secretary shall allot to each Indian tribe with a plan
approved under this subpart--
``(i) $10,000; plus
``(ii) an amount that bears the same ratio
to the adjusted reserved amount as the number
of children in the Indian tribe bears to the
total number of children in all Indian tribes
with State plans so approved, as determined by
the Secretary on the basis of the most current
and reliable information available to the
Secretary.
``(B) Adjusted reserve amount.--In subparagraph
(A), the term `adjusted reserved amount' means, with
respect to a fiscal year--
``(i) the amount reserved pursuant to
section 436(b)(3) for the fiscal year; minus
``(ii) the product of--
``(I) $10,000; and
``(II) the number of Indian tribes
to which an allotment is made under
this subsection for the fiscal year.
``(2) Tribal consortia.--If a consortium of Indian tribes
submits a plan approved under this subpart, the Secretary shall
allot to the consortium an amount equal to the sum of the
allotments determined for each Indian tribe that is part of the
consortium.''.
(b) Increase in the Tribal Set-Aside of Mandatory Funding To
Promote Safe and Stable Families Funding.--Section 436(b)(3) of the
Social Security Act (42 U.S.C. 629f(b)(3)) is amended by striking
``After applying paragraphs (4) and (5) (but before applying paragraphs
(1) or (2)), the Secretary shall reserve 3 percent'' and inserting
``The Secretary shall reserve 4.5 percent''.
(c) Authority To Use Funds To Facilitate and Support Tribal
Customary Adoptions.--Section 432(b)(2) of the Social Security Act (42
U.S.C. 629b(b)(2)), as amended by subsection (a)(1), is amended by
adding at the end the following:
``(B) Authority to use funds for tribal customary
adoptions.--An Indian tribe or tribal consortium may
use amounts provided under this part to facilitate and
support tribal customary adoptions.''.
(d) Streamlining of Application and Reporting Requirements.--
(1) Application requirements.--Section 432(b)(2)(A) of the
Social Security Act (42 U.S.C. 629b(b)(2)(A)) is amended--
(A) by striking ``subsection (a)(4) of this
section'' and inserting ``paragraphs (2), (4), and (5)
of subsection (a)''; and
(B) by adding at the end the following: ``The
Secretary shall exempt a plan of an Indian tribe or
tribal consortium from the requirements of paragraphs
(2) and (5) of subsection (a) for a fiscal year if the
total amount provided to the Indian tribe or tribal
consortium under this subpart for the fiscal year is
less than $50,000. If the Secretary exempts a plan of
an Indian tribe or tribal consortium from a requirement
of paragraph (2) or (5) of subsection (a), the Indian
tribe or tribal consortium may provide the Secretary
with the relevant information in a streamlined form.''.
(2) Reporting requirements.--Section 428 of such Act (42
U.S.C. 628) is amended by adding at the end the following:
``(d) Authority To Streamline Reporting Requirements.--The
Secretary may modify any reporting requirement imposed by or under this
part on an Indian tribe, tribal organization, or tribal consortium, as
the Secretary deems appropriate, taking into account the resources,
needs, and other circumstances of the Indian tribe, tribal
organization, or tribal consortium.''.
(e) Use of In-Kind Expenditures To Meet Tribal Matching Rate Under
the Stephanie Tubbs Jones Child Welfare Services Program.--Section 428
of the Social Security Act (42 U.S.C. 628), as amended by subsection
(e)(2), is amended by adding at the end the following:
``(e) Use of In-Kind Expenditures To Meet Matching Rate.--In
determining the amount expended by an Indian tribe for activities under
this subpart, the Secretary may take into account in-kind expenditures
of the Indian tribe.''.
(f) Authority of Indian Tribal Organization To Elect To Substitute
the Federal Negotiated Indirect Cost Rate for Administrative Costs
Cap.--Section 428 of the Social Security Act (42 U.S.C. 628), as
amended by subsections (e)(2) and (f), is amended by adding at the end
the following:
``(f) Tribal Authority To Substitute the Federal Negotiated
Indirect Cost Rate for Administrative Costs Cap.--For purposes of
sections 422(b)(14) and 424(e), an Indian tribal organization may elect
to have the weighted average of the indirect cost rates in effect under
part 225 of title 2, Code of Federal Regulations (OMB Circular A-87)
with respect to the administrative costs of the Indian tribal
organization apply in lieu of the percentage specified in each such
section.''.
SEC. 303. EFFECTIVE DATE.
(a) In General.--Except as provided in subsections (b) and (c), the
amendments made by this Act take effect on October 1, 2019.
(b) In General.--In the case of a State plan under part B or E of
title IV of the Social Security Act which the Secretary of Health and
Human Services determines requires State legislation (other than
legislation appropriating funds) in order for the plan to meet the
additional requirements imposed by the amendments made by this Act, the
State plan shall not be regarded as failing to comply with the
requirements of such part solely on the basis of the failure of the
plan to meet such additional requirements before the first day of the
first calendar quarter beginning after the close of the first regular
session of the State legislature that begins after the date of
enactment of this Act. For purposes of the previous sentence, in the
case of a State that has a 2-year legislative session, each year of the
session shall be deemed to be a separate regular session of the State
legislature.
(c) Application to Programs Operated by Indian Tribal
Organizations.--In the case of an Indian tribe, tribal organization, or
tribal consortium which the Secretary of Health and Human Services
determines requires time to take action necessary to comply with the
additional requirements imposed by the amendments made by this Act
(whether the tribe, organization, or tribal consortium has a plan under
section 479B of the Social Security Act or a cooperative agreement or
contract entered into with a State), the Secretary shall provide the
tribe, organization, or tribal consortium with such additional time as
the Secretary determines is necessary for the tribe, organization, or
tribal consortium to take the action to comply with the additional
requirements before being regarded as failing to comply with the
requirements.
<all>
Family First Transition and Support Act of 2019
#1376 | S Congress #116
Policy Area: Social Welfare
Subjects: Administrative law and regulatory proceduresAdoption and foster careChild care and developmentChild safety and welfareDrug, alcohol, tobacco useEmployment and training programsFamily relationshipsFamily servicesGovernment information and archivesIndian social and development programsJudgesLawyers and legal servicesLicensing and registrationsMental healthResearch administration and fundingSocial work, volunteer service, charitable organizationsSpecialized courtsState and local courtsState and local finance
Last Action: Read twice and referred to the Committee on Finance. (5/8/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text