I 

116TH CONGRESS 

1ST SESSION H. R. 4980 

To assist States, tribes, territories, counties, and cities in implementing the 

Family First Prevention Services Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 5, 2019 

Mr. DANNY K. DAVIS of Illinois (for himself, Mrs. WALORSKI, Ms. BASS, Mr. 

WENSTRUP, Ms. JUDY CHU of California, Mr. BUCHANAN, Mr. GOMEZ, 

Mr. ESTES, Mrs. MURPHY of Florida, Mr. BACON, Ms. SA ́NCHEZ, Mr. 

SUOZZI, and Mr. PANETTA) introduced the following bill; which was referred to the Committee on Ways and Means 

A BILL 

To assist States, tribes, territories, counties, and cities in 

implementing the Family First Prevention Services Act, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Family First Transi5 tion Act’’. 

6 SEC. 2. EVIDENCE STANDARD TRANSITION. 

7 (a) TEMPORARY SUSPENSION OF REQUIREMENT

8 THAT AT LEAST 50 PERCENT OF A STATE’S REIMBURSEVerDate Sep 11 2014 03:54 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4980.IH H4980

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1 MENT FOR PREVENTION AND FAMILY SERVICES AND

2 PROGRAMS BE FOR PROGRAMS AND SERVICES THAT

3 MEET THE WELL-SUPPORTED PRACTICE REQUIRE4 MENT.—With respect to quarters in fiscal years 2020 and 

5 2021, section 474(a)(6)(A) of the Social Security Act shall 

6 be applied without regard to clause (ii) of such section. 

7 (b) SUPPORTED PRACTICES TEMPORARILY TREATED

8 AS WELL-SUPPORTED PRACTICES.—With respect to quar9 ters in fiscal years 2022 and 2023, practices that meet 

10 the criteria specified for supported practices in section 

11 471(e)(4)(C) of the Social Security Act shall be considered 

12 well-supported practices for purposes of section 

13 474(a)(6)(A)(ii) of such Act. 

14 SEC. 3. ENHANCED FUNDING FOR TRANSITION ACTIVITIES. 

15 (a) TRANSITION FUNDING.— 

16 (1) APPROPRIATION.—Out of any money in the 

17 Treasury of the United States not otherwise appro18 priated, there are appropriated to the Secretary of 

19 Health and Human Services (in this Act referred to 

20 as the ‘‘Secretary’’) to carry out this subsection 

21 $500,000,000 for fiscal year 2020, which shall re22 main available through fiscal year 2021. 

23 (2) DISTRIBUTION OF FUNDS.— 

24 (A) IN GENERAL.—The Secretary shall 

25 allot the amount appropriated by paragraph (1) 


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1 of this subsection in accordance with section 

2 423 of the Social Security Act, and shall pay 

3 each State to which an allotment is so made, 

4 the total amount so allotted, subject to subpara5 graph (B) of this paragraph. 

6 (B) RESERVATION OF FUNDS FOR INDIAN

7 TRIBES AND TRIBAL ORGANIZATIONS.—Before 

8 applying subparagraph (A) of this paragraph, 

9 the Secretary shall reserve 3 percent of the 

10 amount appropriated by paragraph (1) of this 

11 subsection for allotment to the Indian tribes 

12 and tribal organizations with a plan approved 

13 under subpart 1 of part B of title IV of the So14 cial Security Act, based on each tribe or tribal 

15 organization’s share of the total tribal child 

16 population among all such tribes and tribal or17 ganizations. 

18 (b) FUNDING CERTAINTY FOR STATES WITH EXPIR19 ING DEMONSTRATION PROJECTS.— 

20 (1) IN GENERAL.—Out of any money in the 

21 Treasury of the United States not otherwise appro22 priated, there are appropriated to the Secretary, for 

23 payment to each State that was operating a dem24 onstration project approved under section 1130 of 

25 the Social Security Act on September 30, 2019, for 


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1 each fiscal year specified in paragraph (2) of this 

2 subsection, an amount equal to the amount (if any) 

3 by which— 

4 (A)(i) the applicable percentage for the fis5 cal year so specified of the maximum capped al6 location due to the State or sub-State jurisdic7 tion for fiscal year 2019 for foster care mainte8 nance, administration, or training costs, under 

9 the demonstration project, as specified in sec10 tion 4.3 of the State waiver terms and condi11 tions document capped allocation payment table 

12 in effect on August 31, 2019; or 

13 (ii) if the terms and conditions do not 

14 specify a maximum amount payable for fiscal 

15 year 2019 for the State or sub-State jurisdic16 tion (due to the use of a comparison jurisdic17 tion to ensure cost neutrality), the final cost 

18 neutrality limit for the State or sub-State juris19 diction for fiscal year 2018, as most recently re20 ported by the State or sub-State jurisdiction as 

21 of September 30, 2019, for foster care mainte22 nance, administration or training costs under 

23 the demonstration project that were included in 

24 the waiver; exceeds 


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1 (B) the total amount payable to the State 

2 or sub-State jurisdiction under part E of title 

3 IV of such Act for the fiscal year so specified 

4 for foster care expenditures (whether payable 

5 under paragraph (1) or (3) of section 474(a) of 

6 such Act) that were maintenance, administra7 tion, or training costs of the demonstration 

8 project taken into account by the Secretary in 

9 determining the total amount referred to in 

10 subparagraph (A) of this paragraph. 

11 (2) APPLICABLE PERCENTAGE DEFINED.—In 

12 this paragraph, the term ‘‘applicable percentage’’ 

13 means— 

14 (A) 90 percent, in the case of fiscal year 

15 2020; or 

16 (B) 75 percent, in the case of fiscal year 

17 2021. 

18 (3) SPECIAL RULE.—The calculation under 

19 paragraph (1) with respect to a State shall be made 

20 without regard to— 

21 (A) any change approved after August 31, 

22 2019, in the capped allocation or the terms and 

23 conditions referred to in subparagraph (A) with 

24 respect to the State; or 


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1 (B) any change made after such date to 

2 the financial form submitted by the State that 

3 is used in determining the capped allocation. 

4 (4) DISTRIBUTION OF FUNDS.—Each State 

5 that receives funds under this subsection shall dis6 tribute the funds to jurisdictions in the State that 

7 were operating demonstration projects under section 

8 1130 of the Social Security Act in a manner con9 sistent with each sub-State jurisdiction’s propor10 tionate loss as compared with fiscal year 2019. 

11 (5) RECONCILIATION PROCESS.—Each State 

12 seeking a payment under this subsection shall report 

13 expenditures pursuant to part E of title IV of the 

14 Social Security Act in a manner determined by the 

15 Secretary and the Secretary shall account for any 

16 revisions to spending for fiscal years 2020 and 2021 

17 after the end of the respective fiscal year that are 

18 reported by the State agency administering the 

19 State plan approved under such part, and received 

20 by the Department of Health and Human Services, 

21 within 2 years after the last day of the fiscal quarter 

22 in which the expenditure was made. 

23 (6) AVAILABILITY OF FUNDS.—The amounts 

24 made available for payments to States under this 


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1 subsection for a fiscal year shall remain available 

2 through the end of the third succeeding fiscal year. 

3 (c) USE OF FUNDS.— 

4 (1) IN GENERAL.—In addition to the purposes 

5 specified in part B of title IV of the Social Security 

6 Act, a State may use funds provided under this sec7 tion for activities previously funded under a dem8 onstration project under section 1130 of such Act to 

9 reduce any adverse fiscal impacts as jurisdictions 

10 transition funding sources for the projects, and for 

11 activities directly associated with the implementation 

12 of title VII of division E of Public Law 115–123 

13 (also known as the Family First Prevention Services 

14 Act). 

15 (2) LIMITATION.—None of the funds provided 

16 under this section may be used to match Federal 

17 funds under any program. 

18 SEC. 4. REPORTING ON ENHANCED FUNDING FOR TRANSI19 TION ACTIVITIES. 

20 (a) IN GENERAL.—Each State to which funds are 

21 paid under section 3 of this Act shall submit to the Sec22 retary, in a manner specified by the Secretary, a written 

23 report on— 

24 (1) how the grant is used to implement each 

25 part of title VII of division E of Public Law 115– 


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1 123 (also known as the Family First Prevention 

2 Services Act), with a separate statement with re3 spect to each such part; 

4 (2) all programs, services, and operational costs 

5 to which the grant is put; 

6 (3) the characteristics of the families and chil7 dren served by use of the grant; and 

8 (4)(A) the use by the State of amounts pro9 vided for each fiscal year to continue activities pre10 viously funded under a waiver provided under sec11 tion 1130 of the Social Security Act; and 

12 (B)(i) the plan of the State to transition the ac13 tivities so that needed activities can be provided 

14 under the State plan approved under part E of title 

15 IV of the Social Security Act; or 

16 (ii) if expenditures for the activities would not 

17 be eligible for payment under the State plan ap18 proved under such part E— 

19 (I) the reason therefor; and 

20 (II) the funding sources the State plans to 

21 use to cover the costs of needed activities. 

22 (b) APPLICABILITY OF OTHER LAWS.—For purposes 

23 of subpart 2 of part B of title IV of the Social Security 

24 Act, each report required by subsection (a) of this section 

25 shall be considered to be required by section 432(a)(8) of 


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1 such Act, and shall contain such additional information 

2 as the Secretary may require. 

3 SEC. 5. DEFINITION OF STATE. 

4 In this Act, the term ‘‘State’’ has the meaning given 

5 the term in section 431(a)(4) of the Social Security Act. 

6 SEC. 6. RENAMING OF TITLE IV–B–2 OF THE SOCIAL SECU7 RITY ACT. 

8 The subpart heading for subpart 2 of part B of title 

9 IV of the Social Security Act is amended by striking 

10 ‘‘Promoting Safe and Stable Families’’ and in11 serting ‘‘MaryLee Allen Promoting Safe and 

12 Stable Families Program’’. 

13 SEC. 7. EFFECTIVE DATE. 

14 This Act and the amendments made by this Act shall 

15 take effect as if included in the Bipartisan Budget Act 

16 of 2018 on the date of the enactment of such Act. 

17 SEC. 8. TECHNICAL CORRECTION. 

18 Section 50701 of the Bipartisan Budget Act of 2018 

19 (42 U.S.C. 1305 note; Public Law 115–123) is amended 

20 by striking ‘‘Bipartisan Budget Act of 2018’’ and insert21 ing ‘‘Family First Prevention Services Act’’. 

Æ 


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