II 

116TH CONGRESS 

2D SESSION S. 4172 

To provide emergency funding for child welfare services provided under parts 

B and E of title IV of the Social Security Act, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 2, 2020 

Mr. BROWN (for himself, Ms. HARRIS, Mr. CASEY, and Ms. CORTEZ MASTO) 

introduced the following bill; which was read twice and referred to the 

Committee on Finance 

A BILL 

To provide emergency funding for child welfare services provided under parts B and E of title IV of the Social 

Security 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Child Welfare Emergency Assistance Act of 2020’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purpose. 

Sec. 3. Definitions. 


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TITLE I—FUNDING FOR CHILD AND FAMILY SUPPORT SERVICES 

Sec. 101. Funding for child and family services. 

Sec. 102. Funding for kinship navigator programs. 

Sec. 103. Funding for the John H. Chafee Foster Care Program for Successful 

Transition to Adulthood. 

Sec. 104. Funding for the child welfare court improvement program. 

Sec. 105. Funding for health oversight and coordination plans. 

TITLE II—OTHER SUPPORT FOR RESPONDING TO THE COVID–19 

PUBLIC HEALTH EMERGENCY 

Sec. 201. State option to waive licensing requirement for purposes of satisfying 

the 6-month residency requirement for kinship guardianship 

assistance payments. 

Sec. 202. Moratorium on aging out of foster care. 

Sec. 203. Temporary increase of matching rates for kinship guardianship assistance payments, adoption assistance payments for kin caregivers, and Family First prevention services. 

TITLE III—OTHER PROVISIONS 

Sec. 301. COURTS Act. 

Sec. 302. Requirement for de-escalation strategies relating to interactions with 

law enforcement authorities. 

Sec. 303. Emergency designation. 

1 SEC. 2. PURPOSE. 

2 It is the purpose of this Act to provide funding for 

3 States and Indian Tribes and tribal organizations to in4 crease their ability to meet the needs of children, youth, 

5 and families impacted by the COVID–19 public health 

6 emergency through the provision of community-based 

7 services and supports; to enhance resources and supports 

8 available to kinship caregivers, child welfare caseworkers, 

9 and courts handling child welfare proceedings; to place a 

10 moratorium on youth ‘‘aging out’’ of foster care; and to 

11 maximize the participation and supports made available 

12 to racial and ethnic minorities, kinship care families, fami13 lies experiencing, or at risk of experiencing, homelessness, 

14 families with low-incomes, families with recently unemVerDate Sep 11 2014 20:52 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4172.IS S4172

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1 ployed caregivers, young parents, and lesbian, gay, bisex2 ual, transgender, and queer youth. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) APPROPRIATE COMMITTEES OF CON6 GRESS.—The term ‘‘appropriate committees of Con7 gress’’ means the Committee on Ways and Means of 

8 the House of Representatives and the Committee on 

9 Finance of the Senate. 

10 (2) COVID–19 PUBLIC HEALTH EMERGENCY.— 

11 The term ‘‘COVID–19 public health emergency’’ 

12 means the public health emergency declared by the 

13 Secretary pursuant to section 319 of the Public 

14 Health Service Act on January 31, 2020, entitled 

15 ‘‘Determination that a Public Health Emergency 

16 Exists Nationwide as the Result of the 2019 Novel 

17 Coronavirus’’ and includes any renewal of such dec18 laration pursuant to such section 319. 

19 (3) STATE.—The term ‘‘State’’ means each of 

20 the 50 States the District of Columbia, Puerto Rico, 

21 Guam, the Virgin Islands, the Northern Mariana Is22 lands, and American Samoa. 

23 (4) OTHER TERMS.—The terms ‘‘Secretary’’, 

24 ‘‘Indian tribe’’, ‘‘tribal organization’’, and ‘‘tribal 

25 consortium’’ have the meanings given those terms 


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1 for purpose of parts B and E of title IV of the So2 cial Security Act (42 U.S.C. 621 et seq., 670 et 

3 seq.). 

4 TITLE I—FUNDING FOR CHILD 

5 AND FAMILY SUPPORT SERV6 ICES 

7 SEC. 101. FUNDING FOR CHILD AND FAMILY SERVICES. 

8 (a) APPROPRIATION.— 

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

10 Treasury of the United States not otherwise appro11 priated, there are appropriated to the Secretary, 

12 $2,000,000,000 for fiscal year 2020, for the purpose 

13 of making payments to States, Indian tribes, tribal 

14 organizations, and tribal consortia to provide child 

15 and family services under plans approved under sub16 parts 1 and 2 of part B of title IV of the Social Se17 curity Act (42 U.S.C. 621 et seq., 629 et seq.) in 

18 accordance with this section. Such amounts shall be 

19 in addition to other amounts made available for such 

20 purposes. 

21 (2) RESERVATION OF FUNDS FOR INDIAN

22 TRIBES, TRIBAL ORGANIZATION, AND TRIBAL CON23 SORTIA.—The Secretary shall reserve 3 percent of 

24 the amount appropriated under paragraph (1) for 

25 fiscal year 2020 for making allotments for Indian 


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1 tribes, tribal organizations, and tribal consortia for 

2 such fiscal year. 

3 (b) ALLOTMENTS AND PAYMENTS.—Not later than 

4 30 days after the date of enactment of this Act, the Sec5 retary shall do the following: 

6 (1) INDIAN TRIBES, TRIBAL ORGANIZATIONS, 

7 AND TRIBAL CONSORTIA.—From the amount re8 served under subsection (a)(2), the Secretary shall 

9 allot to each Indian tribe, tribal organization, and 

10 tribal consortium with a plan approved under sub11 part 1 or 2 of part B of title IV of the Social Secu12 rity Act for fiscal year 2020 an amount that bears 

13 the same ratio to such reserved amount as the num14 ber of children in the Indian tribe, tribal organiza15 tion, or tribal consortium bears to the total number 

16 of children in all such Indian tribes, tribal organiza17 tions, and tribal consortia, as determined by the Sec18 retary on the basis of the most current and reliable 

19 information available to the Secretary. 

20 (2) STATES.—From the amount appropriated 

21 under paragraph (1) of subsection (a) that remains 

22 after the application of paragraph (2) of that sub23 section, the Secretary shall allot to each State that 

24 receives an allotment for fiscal year 2020 under sec25 tion 433 of the Social Security Act (42 U.S.C. 629c) 


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1 (including States that are territories specified in 

2 subsection (b) of that section), an amount deter3 mined in the same manner as the allotments for 

4 such States are determined under subsections (b) 

5 and (c), respectively, of such section 433 for fiscal 

6 year 2020. 

7 (3) PAYMENTS.—The Secretary shall make the 

8 first payment to each State, Indian tribe, tribal or9 ganization, and tribal consortium for which an allot10 ment is determined under paragraph (1) or (2). 

11 Each subsequent payment shall be made on a quar12 terly basis no later than the beginning of the quarter 

13 involved. 

14 (c) USE OF FUNDS.— 

15 (1) IN GENERAL.—Except to the extent other16 wise provided in this section, a State, Indian tribe, 

17 tribal organization, and tribal consortium may use 

18 the funds paid from an allotment under this section 

19 for any purpose specified in subpart 1 or 2 of part 

20 B of title IV of the Social Security Act (42 U.S.C. 

21 621 et seq.) and in accordance with the require22 ments that apply to that part. 

23 (2) TARGETED USES.—A State, Indian tribe, 

24 tribal organization, and tribal consortium shall exVerDate Sep 11 2014 17:28 Jul 14, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4172.IS S4172

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1 pend significant portions of the funds paid from its 

2 allotment under this section for the following: 

3 (A) KINSHIP PLACEMENT SUPPORT SERV4 ICES.—To provide services or assistance to 

5 eliminate the need for out-of-home placements 

6 for children and support kinship caregivers who 

7 are raising children during the COVID–19 pub8 lic health emergency, including for purposes of 

9 protecting children and preventing the child 

10 welfare system from being overwhelmed during 

11 the emergency, such as the following: 

12 (i) Crisis stabilization services, includ13 ing case management services designed to 

14 stabilize families in crisis or otherwise im15 pacted by the COVID–19 public health 

16 emergency, including transportation, as17 sistance with housing and utility payments, 

18 and access to adequate health care, child 

19 care assistance, and establishing a kinship 

20 placement crisis stabilization fund for pur21 poses of making direct cash payments to 

22 kin caregivers for immediate needs of chil23 dren placed with such caregivers in order 

24 to facilitate kinship placements and pre25 vent the entry of children into foster care. 


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1 (ii) Family finding, including intensive 

2 family-finding efforts that utilize search 

3 technology to find biological family mem4 bers or connections by marriage or adop5 tion for children in, or at risk of entering, 

6 foster care. 

7 (iii) Re-establishing family relation8 ships and supporting family group decision 

9 making. 

10 (iv) Providing information about be11 coming a licensed foster home and, if re12 quested, assistance in becoming a licensed 

13 foster family home. 

14 (v) Other assistance or services re15 lated to strengthening and supporting kin16 ship families to improve the well-being of 

17 children and their kin caregivers impacted 

18 by the COVID–19 public health emer19 gency, including assistance in accessing the 

20 internet and devices to support remote 

21 service delivery. 

22 (B) CHILD WELFARE SERVICES.—To pro23 vide child welfare services in accordance with 

24 the plan approved under subpart 1 of part B of 

25 title IV of such Act (42 U.S.C. 621), and shall 


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1 include services designed to stabilize children, 

2 youth, and families impacted by the COVID–19 

3 public health emergency by providing assistance 

4 for transportation, housing, utility payments, 

5 and access to adequate health care and child 

6 care. 

7 (C) ADOPTION PROMOTION AND SUPPORT

8 SERVICES.—To provide adoption promotion and 

9 support services described in section 431(a)(8) 

10 of such Act (42 U.S.C. 629a(a)(8)). 

11 (D) DEVELOPMENT AND TRAINING FOR

12 CASEWORKERS AND OTHER CHILD WELFARE

13 AGENCY STAFF AND FAMILIES.—To hire, train, 

14 and support caseworkers and other child wel15 fare agency staff with respect to the impact of 

16 the COVID–19 public health emergency, includ17 ing with respect to the intersection of trauma 

18 with childhood development, and to expand the 

19 ability of caseworkers and other child welfare 

20 agency staff to conduct or assist with safe, in21 person, home visits and family visits, including 

22 by purchasing personal protective equipment for 

23 caseworkers and other child welfare agency 

24 staff and families, such as gloves, hand sani25 tizer, and face masks; providing premium pay 


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1 for caseworkers and other child welfare agency 

2 staff conducting or assisting with in-person, 

3 home visits and family visits during the emer4 gency; to allow for improved remote visits by 

5 purchasing, updating, or improving technology 

6 and internet access for child welfare agencies, 

7 caseworkers and other child welfare agency 

8 staff and providing training on the use of such 

9 technology for caseworkers and other child wel10 fare agency staff and families. 

11 (3) LIMITATIONS.— 

12 (A) IN GENERAL.—No funds paid from an 

13 allotment under this section shall be used to 

14 satisfy a matching contribution requirement of 

15 a federally funded program. 

16 (B) ADMINISTRATIVE COSTS.—Not more 

17 than 10 percent of the total amount paid to a 

18 State, Indian tribe, tribal organization, or tribal 

19 consortium under this section shall be used for 

20 administrative costs (as defined in section 

21 422(c) of such Act (42 U.S.C. 622(c))). 

22 (4) EXEMPTIONS.— 

23 (A) IN GENERAL.—A State, Indian tribe, 

24 tribal organization, and tribal consortium shall 

25 not be required to spend significant portions of 


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1 the funds paid from their allotments under this 

2 section for the services specified in section 

3 432(a)(4) of such Act (42 U.S.C. 629b(a)(4)). 

4 (B) DISREGARD FROM CERTAIN LIMITA5 TIONS ON EXPENDITURES.—Any expenditures 

6 of funds permitted under this section shall be 

7 disregarded for purposes of applying the limita8 tions on expenditures for child care imposed 

9 under section 424(c) of such Act (42 U.S.C. 

10 624(c)). 

11 (C) INDIAN TRIBES, TRIBAL ORGANIZA12 TIONS, AND TRIBAL CONSORTIA.—In addition to 

13 the exemptions under subparagraphs (A) and 

14 (B), the Secretary may exempt an Indian tribe, 

15 tribal organization, or tribal consortium from 

16 any other spending requirements of this section 

17 to the extent that the Secretary determines 

18 those requirements would be inappropriate to 

19 apply to the Indian tribe, tribal organization, or 

20 tribal consortium, taking into account the re21 sources, needs, and other circumstances of the 

22 Indian tribe, tribal organization, or tribal con23 sortium. 

24 (d) NO MATCHING OR APPLICATION REQUIRED.— 

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1 ing requirement or require an application from a State, 

2 Indian tribe, tribal organization, or tribal consortium as 

3 a condition for being paid the amounts allotted to the 

4 State, Indian tribe, tribal organization, or tribal consor5 tium under this section. 

6 (e) AVAILABILITY OF FUNDS.—Subject to subsection 

7 (f), funds from an allotment determined under this section 

8 shall remain available for expenditure by the State, Indian 

9 tribe, tribal organization, or tribal consortium (as applica10 ble) through September 30, 2022 (September 30, 2023, 

11 in the case of any funds redistributed under subsection 

12 (f)). 

13 (f) REDISTRIBUTION OF UNUSED FUNDS.—Sub14 section (d) of section 433 of the Social Security Act (42 

15 U.S.C. 629c) shall apply to the amounts allotted under 

16 this section for fiscal year 2020 that remain unobligated 

17 on July 1, 2022, in the same manner as that subsection 

18 applies to the amounts from allotments made under sub19 sections (a), (b), and (c) of that section for a fiscal year 

20 except that, for purposes of redistributing amounts allot21 ted under this section for fiscal year 2020, a State, Indian 

22 tribe, tribal organization, and tribal consortium shall not 

23 be required to make the certification referred to in such 

24 section 433(d) before July 1, 2022. 

25 (g) REPORTS.— 


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1 (1) PLANNED USE OF FUNDS.—Not later than 

2 120 days after the date of enactment of this Act, 

3 each State, Indian tribe, tribal organization, and 

4 tribal consortium paid funds from an allotment 

5 made under this section shall submit a report to the 

6 Secretary detailing how the State, Indian tribe, trib7 al organization, or tribal consortium plans to use the 

8 funds in accordance with the requirements of this 

9 section. The report required under this subsection 

10 shall be in addition to, and may be combined with, 

11 other reports required under this Act or section 

12 432(a)(8) of the Social Security Act (42 U.S.C. 

13 629b(a)(8)). The Secretary shall not delay making 

14 any payments (including the first payment required 

15 within 30 days of the date of enactment of this Act) 

16 to States, Indian tribes, tribal organizations, and 

17 tribal consortia from the allotments made under this 

18 section because of the report required under this 

19 paragraph. 

20 (2) ACTUAL EXPENDITURES.—Each State, In21 dian tribe, tribal organization, and tribal consortium 

22 shall report on the actual expenditures made in a 

23 fiscal year using funds from a payment made under 

24 this section (including any payments of amounts re25 allotted). Each report on a fiscal year shall be subVerDate Sep 11 2014 17:28 Jul 14, 2020 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S4172.IS S4172

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1 mitted not later than June 30 of the succeeding fis2 cal year and shall include such information as the 

3 Secretary shall require regarding the actual expendi4 tures of such funds. 

5 (3) SUMMARY SUBMISSIONS TO CONGRESS.— 

6 The Secretary shall submit to the appropriate com7 mittees of Congress a summary of the reports sub8 mitted under paragraphs (1) and (2) not later than 

9 60 days after the date on which the reports are due. 

10 The summaries required under this paragraph may 

11 be combined with the other summaries required to 

12 be submitted to such committees under this Act. 

13 SEC. 102. FUNDING FOR KINSHIP NAVIGATOR PROGRAMS. 

14 (a) APPROPRIATION.—Out of any money in the 

15 Treasury of the United States not otherwise appropriated, 

16 there are appropriated to the Secretary, $30,000,000 for 

17 fiscal year 2020, for the purpose of making grants to each 

18 State and Indian tribe operating a State plan under part 

19 E of title IV of the Social Security Act (42 U.S.C. 670 

20 et seq.) for kinship navigator programs in accordance with 

21 this section. Such amounts shall be in addition to other 

22 amounts made available for such purposes. 

23 (b) GRANT AMOUNTS; PAYMENTS.—Not later than 

24 30 days after the date of enactment of this Act, the Sec25 retary shall— 


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1 (1) make grants from the amount appropriated 

2 by subsection (a) in the same manner, and subject 

3 to the same minimum grant award amounts, as the 

4 Secretary awards grants for developing, enhancing, 

5 or evaluating kinship navigator programs from the 

6 amounts reserved for such purpose in the Further 

7 Consolidated Appropriations Act, 2020 (Public Law 

8 116–94); and 

9 (2) pay States and Indian tribes the grants so 

10 determined in the same manner as the Secretary 

11 pays grants for developing, enhancing, or evaluating 

12 kinship navigator programs from the amounts re13 served for such purpose under such Act. 

14 (c) USE OF FUNDS.— 

15 (1) IN GENERAL.—Except to the extent other16 wise provided in this section, a State and Indian 

17 tribe shall use the funds paid under this section in 

18 accordance with the requirements applicable to the 

19 grants awarded for developing, enhancing, or evalu20 ating kinship navigator programs under the Further 

21 Consolidated Appropriations Act, 2020 (Public Law 

22 116–94). 

23 (2) TARGETED USES.— 

24 (A) IN GENERAL.—A State and Indian 

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1 sure kinship caregivers at acute risk with re2 spect to the Coronavirus Disease (COVID–19) 

3 have access to information and resources for 

4 necessities, including food, safety supplies, and 

5 testing and treatment for COVID–19; tech6 nology and technological supports; and health 

7 care and other assistance, including legal assist8 ance and assistance with making alternative 

9 care plans for the children in their care if they 

10 were to become unable to continue caring for 

11 them; and to provide services to kinship fami12 lies, including kinship families raising children 

13 outside of the foster care system. 

14 (B) KIN CAREGIVERS OUTSIDE OF THE

15 FOSTER CARE SYSTEM.—A State and Indian 

16 tribe shall use funds paid under this section to 

17 conduct outreach to kinship families outside of 

18 the foster care system, including such families 

19 who have been impacted by the COVID–19 

20 public health emergency, to ensure such fami21 lies have access to the information, resources, 

22 supports, and assistance described in subpara23 graph (A). Any State or Indian tribe that does 

24 not have an existing kinship navigator program 

25 which is adequately suited to identify, or to 


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1 meet the needs of, such families, shall partner 

2 with relevant community-based organizations or 

3 agencies, including Area Agencies on Aging, to 

4 conduct the required outreach to such families. 

5 (3) LIMITATION.—No funds paid from a grant 

6 under this section shall be used to satisfy a match7 ing contribution requirement of a federally funded 

8 program. 

9 (d) NO MATCHING OR APPLICATION REQUIRED.— 

10 The Secretary shall not impose any cash or in-kind match11 ing requirement or require an application from a State 

12 or Indian tribe as a condition for being paid a grant under 

13 this section. 

14 (e) AVAILABILITY OF FUNDS.—Subject to subsection 

15 (f), funds from grants made under this section shall re16 main available for expenditure by the State or Indian tribe 

17 (as applicable) through September 30, 2022 (September 

18 30, 2023, in the case of any funds redistributed under 

19 subsection (f)). 

20 (f) REDISTRIBUTION OF UNUSED FUNDS.—Sub21 section (d) of section 433 of the Social Security Act (42 

22 U.S.C. 629c) shall apply to the grants made under this 

23 section for fiscal year 2020 that remain unobligated on 

24 July 1, 2022, in the same manner as that subsection ap25 plies to the amounts from allotments made under subVerDate Sep 11 2014 02:25 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S4172.IS S4172

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1 sections (a), (b), and (c) of that section for a fiscal year 

2 except that, for purposes of redistributing funds from 

3 grants made under this section for fiscal year 2020, a 

4 State and Indian tribe shall not be required to make the 

5 certification referred to in such section 433(d) before July 

6 1, 2022. 

7 (g) REPORTS.— 

8 (1) PLANNED USE OF FUNDS.—Not later than 

9 120 days after the date of enactment of this Act, 

10 each State and Indian tribe paid funds from a grant 

11 made under this section shall submit a report to the 

12 Secretary detailing how the State or Indian tribe 

13 plans to use the funds in accordance with the re14 quirements of this section. The report required 

15 under this subsection shall— 

16 (A) include information on how grant 

17 funds are used to help kinship families im18 pacted by the COVID–19 public health emer19 gency and how the State, Indian tribe, or tribal 

20 organization collaborated with relevant commu21 nity-based organizations or agencies, including 

22 Area Agencies on Aging, to reach kinship fami23 lies raising children outside of the foster care 

24 system; and 


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1 (B) be in addition to, and may be com2 bined with, other reports required under this 

3 Act or reports required under section 432(a)(8) 

4 of the Social Security Act (42 U.S.C. 

5 629b(a)(8)). 

6 The Secretary shall not delay making any payments 

7 (including the first payment required within 30 days 

8 of the date of enactment of this Act) to States and 

9 Indian tribes from the grants made under this sec10 tion because of the report required under this para11 graph. 

12 (2) ACTUAL EXPENDITURES.—Each State and 

13 Indian tribe shall report on the actual expenditures 

14 made in a fiscal year using funds from a payment 

15 made under this section (including any payments of 

16 amounts reallotted). Each report on a fiscal year 

17 shall be submitted not later than June 30 of the 

18 succeeding fiscal year and shall include such infor19 mation as the Secretary shall require regarding the 

20 actual expenditures of such funds. 

21 (3) SUMMARY SUBMISSIONS TO CONGRESS.— 

22 The Secretary shall submit to the appropriate com23 mittees of Congress a summary of the reports sub24 mitted under paragraphs (1) and (2) not later than 

25 60 days after the date on which the reports are due. 


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1 The summaries required under this paragraph may 

2 be combined with the other summaries required to 

3 be submitted to such committees under this Act. 

4 SEC. 103. FUNDING FOR THE JOHN H. CHAFEE FOSTER 

5 CARE PROGRAM FOR SUCCESSFUL TRANSI6 TION TO ADULTHOOD. 

7 (a) APPROPRIATION.—Out of any money in the 

8 Treasury of the United States not otherwise appropriated, 

9 there are appropriated to the Secretary, $500,000,000 for 

10 fiscal year 2020, for the purpose of providing payments 

11 to States, Indian tribes, tribal organizations, and tribal 

12 consortia to carry out programs under the John H. Chafee 

13 Foster Care Program for Successful Transition to Adult14 hood under section 477 of the Social Security Act (42 

15 U.S.C. 677) in accordance with this section. Such 

16 amounts shall be in addition to other amounts made avail17 able for such purposes. 

18 (b) ALLOTMENTS AND PAYMENTS.—Not later than 

19 30 days after the date of enactment of this Act, the Sec20 retary shall do the following: 

21 (1) INDIAN TRIBES, TRIBAL ORGANIZATIONS, 

22 AND TRIBAL CONSORTIA.— 

23 (A) IN GENERAL.—Subject to subpara24 graph (B), from the amount appropriated under 

25 subsection (a) for fiscal year 2020, the SecVerDate Sep 11 2014 02:25 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S4172.IS S4172

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1 retary shall reserve $750,000 for making an al2 lotment for each Indian tribe, tribal organiza3 tion, or tribal consortium that receives an allot4 ment for fiscal year 2020 under subsection (j) 

5 of such section 477 in an amount that bears 

6 the same proportion as the amount allotted to 

7 each such Indian tribe, tribal organization, or 

8 tribal consortium under such section 477(j) 

9 from the total amount available for such allot10 ments for fiscal year 2020 under the Further 

11 Consolidated Appropriations Act, 2020 (Public 

12 Law 116–94). 

13 (B) EXPEDITED AWARD OF ADDITIONAL

14 GRANTS.—The Secretary shall establish an ex15 pedited process for Indian tribes, tribal organi16 zations, and tribal consortia that were eligible 

17 to apply for an allotment under such section 

18 477(j) but which did not receive an allotment 

19 under that section for fiscal year 2020, to apply 

20 for an allotment under this section for fiscal 

21 year 2020 from the amount reserved under sub22 paragraph (A). To the extent the Secretary 

23 makes any allotments under this paragraph for 

24 fiscal year 2020, the Secretary shall make pro 

25 rata reductions in the amount of the allotments 


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1 determined under subparagraph (A) for fiscal 

2 year 2020 as necessary to ensure that the total 

3 amount of allotments awarded under this para4 graph for such fiscal year does not exceed the 

5 amount reserved under subparagraph (A) for 

6 the fiscal year. 

7 (2) STATES.—From the amount appropriated 

8 under subsection (a) that remains after the applica9 tion of paragraph (1)(A), the Secretary shall allot to 

10 each State that receives a general program allotment 

11 for fiscal year 2020 under subsection (c)(1) of such 

12 section 477, an amount that bears the same propor13 tion as the general program allotment determined 

14 for the State under such section 477(c)(1) bears to 

15 the total amount available for such general program 

16 allotments for fiscal year 2020 under the Further 

17 Consolidated Appropriations Act, 2020 (Public Law 

18 116–94). 

19 (3) PAYMENTS.—The Secretary shall make the 

20 first payment to each State, Indian tribe, tribal or21 ganization, and tribal consortium for which an allot22 ment is determined under paragraph (1) or (2). 

23 Each subsequent payment shall be made on a quar24 terly basis no later than the beginning of the quarter 

25 involved. 


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1 (c) USE OF FUNDS.— 

2 (1) IN GENERAL.—Except to the extent other3 wise provided in this section, a State, Indian tribe, 

4 tribal organization, or tribal consortium shall use the 

5 funds paid under this section to carry out programs 

6 under section 477 of the Social Security Act (42 

7 U.S.C. 677) and in accordance with the require8 ments that apply to that section. 

9 (2) DIRECT PAYMENTS.—A State, Indian tribe, 

10 tribal organization, or tribal consortium may use the 

11 funds paid under this section to make recurring cash 

12 payments directly to children and youth who are eli13 gible for services and assistance under such section 

14 477 (including after the application of subsection (e) 

15 of this section) to meet basic needs, including costs 

16 for food, transportation, technology, work readiness, 

17 and other costs to be determined by the youth or on 

18 behalf of the child involved, and to address and 

19 avoid emergencies. 

20 (3) TARGETED USE FOR EDUCATIONAL AND

21 TRAINING VOUCHER PROGRAM.—A State, Indian 

22 tribe, tribal organization, or tribal consortium paid 

funds under this section may spend up to 1 23 ⁄3 of the 

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1 section (i) of such section 477 (in accordance with 

2 subsection (e) of this section). 

3 (4) OUTREACH.—A State, Indian tribe, tribal 

4 organization, or tribal consortium shall use the 

5 funds paid under this section to conduct a public 

6 awareness campaign on the moratorium on youth 

7 aging out of foster care imposed under section 202, 

8 the option for youth who have aged out of foster 

9 care to re-enter foster care, and to provide resource 

10 navigation assistance, and education on other emer11 gency support made available under this section. 

12 (d) SPECIAL RULES.— 

13 (1) NO MATCHING OR APPLICATION RE14 QUIRED.—The Secretary shall not impose any cash 

15 or in-kind matching requirement or require an appli16 cation from a State, Indian tribe, tribal organiza17 tion, or tribal consortium as a condition for being 

18 paid the amounts allotted to the State, Indian tribe, 

19 tribal organization, or tribal consortium under this 

20 section. 

21 (2) LIMITATION.—No funds paid from an allot22 ment under this section shall be used to satisfy a 

23 matching contribution requirement of a federally 

24 funded program. 


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1 (3) AVAILABILITY OF FUNDS.—Subject to sub2 section (f), funds from an allotment determined 

3 under this section shall remain available for expendi4 ture by a State, Indian tribe, tribal organization, or 

5 tribal consortium (as applicable) through September 

6 30, 2023 (September 30, 2024, in the case of any 

7 funds redistributed under subsection (f)). 

8 (e) PROGRAMMATIC FLEXIBILITY.—During the pe9 riod that begins on February 1, 2020, and ends on Sep10 tember 30, 2022, the following rules shall apply to pro11 grams carried out under such section 477: 

12 (1) MAXIMUM AGE LIMITATION ON ELIGIBILITY

13 FOR ASSISTANCE.—A child may be eligible for serv14 ices and assistance under section 477 of the Social 

15 Security Act (42 U.S.C. 677) for up to 12 months 

16 after the month in which the child would otherwise 

17 no longer be eligible for such services and assistance 

18 solely by reason of the child’s age attained, notwith19 standing any contrary certification made under such 

20 section 477. 

21 (2) WAIVER OF LIMITATIONS ON PERCENTAGE

22 OF FUNDS USED FOR HOUSING ASSISTANCE; ELIGI23 BILITY FOR FUNDS.—Notwithstanding subsections 

24 (b)(3)(B) and (b)(3)(C) of such section 477, a State, 

25 Indian tribe, tribal organization, or tribal consortium 


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1 may use more than 30 percent of the funds paid 

2 from its allotment under subsection (c) or (j) of such 

3 section 477 (as applicable) for fiscal year 2020 or 

4 from its allotment under this section for such fiscal 

5 year for room or board and may use any such funds 

6 for youth eligible for services under such section 477 

7 who have attained 18 years of age and who experi8 enced foster care at 14 years of age or older. 

9 (3) ELIMINATION OF CERTAIN REQUIRE10 MENTS.—Subsection (i)(3) of such section 477 shall 

11 have no force or effect except that eligible youth 

12 must be enrolled in a postsecondary education or 

13 training program. 

14 (f) REDISTRIBUTION OF UNUSED FUNDS.—Para15 graph (5) of section 477(d) of the Social Security Act shall 

16 apply to amounts from the allotments made under this 

17 section for fiscal year 2020 that remain unobligated on 

18 October 1, 2022, in the same manner as that paragraph 

19 applies to amounts paid to States under such section 477 

20 in a fiscal year that remain unexpended by the States at 

21 the end of the succeeding fiscal year except that, for pur22 poses of redistributing such unobligated amounts, sub23 paragraph (A) of section 477(d)(5) of such Act shall be 

24 applied by substituting ‘‘shall’’ for ‘‘may’’. 

25 (g) REPORTS.— 


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1 (1) PLANNED USE OF FUNDS.—Not later than 

2 120 days after the date of enactment of this Act, 

3 each State, Indian tribe, tribal organization, and 

4 tribal consortium paid funds from an allotment 

5 made under this section shall submit a report to the 

6 Secretary detailing how the State, Indian tribe, trib7 al organization, or tribal consortium plans to use the 

8 funds in accordance with the requirements of this 

9 section. The report required under this subsection 

10 shall be in addition to, and may be combined with, 

11 other reports required under this Act or reports re12 quired under section 477 of the Social Security Act 

13 (42 U.S.C. 677). The Secretary shall not delay mak14 ing any payments (including the first payment re15 quired within 30 days of the date of enactment of 

16 this Act) to States, Indian tribes, tribal organiza17 tions, and tribal consortia from the allotments made 

18 under this section because of the report required 

19 under this paragraph. 

20 (2) ACTUAL EXPENDITURES.—Each State, In21 dian tribe, tribal organization, and tribal consortium 

22 shall report on the actual expenditures made in a 

23 fiscal year using funds from a payment made under 

24 this section (including any payments of amounts re25 allotted). Each report on a fiscal year shall be subVerDate Sep 11 2014 17:28 Jul 14, 2020 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S4172.IS S4172

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1 mitted not later than June 30 of the succeeding fis2 cal year and shall include such information as the 

3 Secretary shall require regarding the actual expendi4 tures of such funds. 

5 (3) SUMMARY SUBMISSIONS TO CONGRESS.— 

6 The Secretary shall submit to the appropriate com7 mittees of Congress a summary of the reports sub8 mitted under paragraphs (1) and (2) not later than 

9 60 days after the date on which the reports are due. 

10 The summaries required under this paragraph may 

11 be combined with the other summaries required to 

12 be submitted to such committees under this Act. 

13 SEC. 104. FUNDING FOR THE CHILD WELFARE COURT IM14 PROVEMENT PROGRAM. 

15 (a) APPROPRIATION.—Out of any money in the 

16 Treasury of the United States not otherwise appropriated, 

17 there are appropriated to the Secretary, $30,000,000 for 

18 fiscal year 2020, for the purpose of making grants in ac19 cordance with this section to the highest State courts de20 scribed in section 438 of the Social Security Act (42 

21 U.S.C. 629h) and to the highest courts of Indian tribes 

22 or tribal consortia eligible for grants under such section. 

23 Such amounts shall be in addition to other amounts made 

24 available for such purposes. 


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1 (b) RESERVATION OF FUNDS FOR TRIBAL COURT

2 GRANTS.— 

3 (1) IN GENERAL.—Subject to paragraph (2), 

4 from the amount appropriated under subsection (a), 

5 the Secretary shall reserve $5,000,000 for paying to 

6 each of the highest courts of Indian tribes or tribal 

7 consortia awarded a grant under such section 438 

8 for fiscal year 2020 an amount that bears the same 

9 proportion to the amount so reserved as the amount 

10 awarded to each such court for fiscal year 2020 

11 bears to the amount allocated under subsection 

12 (c)(3)(A)(iv) of such section 438 for that fiscal year. 

13 (2) EXPEDITED AWARD OF ADDITIONAL

14 GRANTS.—The Secretary shall establish an expedited 

15 process for awarding grants on a competitive basis 

16 among the highest courts of Indian tribes or tribal 

17 consortia that were not awarded a grant under such 

18 section 438 for fiscal year 2020 but that are eligible 

19 to apply for a grant under such section for that fis20 cal year. To the extent the Secretary awards any 

21 grants under this paragraph for fiscal year 2020, 

22 the Secretary shall make pro rata reductions in the 

23 amount of the grants determined under paragraph 

24 (1) for fiscal year 2020 as necessary to ensure that 

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1 section for such fiscal year does not exceed the 

2 amount reserved under paragraph (1) for the fiscal 

3 year. 

4 (c) GRANTS FOR HIGHEST STATE COURTS.— 

5 (1) IN GENERAL.—From the remainder of the 

6 amount appropriated under subsection (a) after the 

7 application of subsection (b), the Secretary shall 

8 award to each highest State court approved to re9 ceive a grant under such section 438 for fiscal year 

10 2020, an additional grant for fiscal year 2020 in the 

11 amount determined for the court under paragraph 

12 (2). 

13 (2) AMOUNT.—The amount of the additional 

14 grant awarded to a highest State court under this 

15 section for fiscal year 2020 is equal to the sum of— 

16 (A) $255,000; and 

17 (B) the amount that bears the same ratio 

18 to the amount appropriated under subsection 

19 (a) that remains after the application of sub20 section (b) and subparagraph (A) of this para21 graph, as the number of individuals in the State 

22 who have not attained 21 years of age bears to 

23 the total number of such individuals in all 

24 States (based on the most recent year for which 


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1 data are available from the Bureau of the Cen2 sus). 

3 (d) PAYMENTS.— 

4 (1) IN GENERAL.—Not later than 30 days after 

5 the date of enactment of this Act, the Secretary 

6 shall make the first payment from the grants award7 ed under this section to each highest State court or 

8 highest court of an Indian tribe or tribal consortium. 

9 Each subsequent payment shall be made on a quar10 terly basis no later than the beginning of the quarter 

11 involved. 

12 (2) NO MATCHING OR APPLICATION RE13 QUIRED.—The Secretary shall not, as a condition for 

14 being paid a grant under this section— 

15 (A) impose any cash or in-kind matching 

16 requirement; or 

17 (B) require an application from a highest 

18 State court or highest court of an Indian tribe 

19 or tribal consortium (except to the extent nec20 essary for the expedited award of grants under 

21 subsection (b)(2)). 

22 (e) USE OF FUNDS.— 

23 (1) IN GENERAL.—Except to the extent other24 wise provided in this section, a highest State court 

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1 tium paid a grant under this section shall use the 

2 grant funds for the purposes described in sub3 sections (a)(3) and (a)(4) of such section 438 and 

4 in accordance with the requirements that apply to 

5 that section. 

6 (2) TARGETED USES.—Each highest State 

7 court and highest court of an Indian tribe or tribal 

8 consortium paid a grant under this section shall use 

9 a significant portion of the grant funds for tech10 nologies to facilitate remote hearings or other child 

11 welfare court proceedings, training for judges and 

12 other staff involved in the child welfare system on 

13 how to use these technologies, including how to con14 duct remote child welfare proceedings, data collec15 tion, and to otherwise ensure that children and fami16 lies have access to required child welfare legal pro17 ceedings during the COVID–19 public health emer18 gency. 

19 (f) AVAILABILITY OF FUNDS.—Subject to subsection 

20 (g), funds from a grant awarded under this section shall 

21 remain available for expenditure by a highest State court 

22 or highest court of an Indian tribe or tribal consortium 

23 (as applicable) through September 30, 2022 (September 

24 30, 2023, in the case of any funds redistributed under 

25 subsection (g)). 


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1 (g) REDISTRIBUTION OF UNUSED FUNDS.—The Sec2 retary shall determine appropriate procedures for redis3 tributing grant funds awarded to the highest State courts 

4 and highest courts of Indian tribes or tribal consortia 

5 under this section for fiscal year 2020 that remain unobli6 gated on July 1, 2022, to 1 or more such courts that apply 

7 for such funds not later than September 30, 2022. 

8 (h) REPORTS.— 

9 (1) PLANNED USE OF FUNDS.—Not later than 

10 120 days after the date of enactment of this Act, 

11 each highest State court and highest court of an In12 dian tribe or tribal consortium paid funds from a 

13 grant awarded under this section for fiscal year 

14 2020 shall submit a report to the Secretary detailing 

15 how the court plans to use the funds in accordance 

16 with the requirements of this section. The report re17 quired under this subsection shall be in addition to, 

18 and may be combined with, other reports required 

19 under this Act or reports required under section 438 

20 of the Social Security Act (42 U.S.C. 629h). The 

21 Secretary shall not delay making any payments (in22 cluding the first payment required within 30 days of 

23 the date of enactment of this Act) to the highest 

24 State courts and highest courts of an Indian tribe 

25 or tribal consortium from the grants awarded under 


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1 this section because of the report required under this 

2 paragraph. 

3 (2) ACTUAL EXPENDITURES.—Each highest 

4 State court and highest court of an Indian tribe or 

5 tribal consortium shall report on the actual expendi6 tures made in a fiscal year using funds from a pay7 ment made under this section (including any pay8 ments of amounts reallotted). Each report on a fis9 cal year shall be submitted not later than June 30 

10 of the succeeding fiscal year and shall include such 

11 information as the Secretary shall require regarding 

12 the actual expenditures of such funds. 

13 (3) SUMMARY SUBMISSIONS TO CONGRESS.— 

14 The Secretary shall submit to the appropriate com15 mittees of Congress a summary of the reports sub16 mitted under paragraphs (1) and (2) not later than 

17 60 days after the date on which the reports are due. 

18 The summaries required under this paragraph may 

19 be combined with the other summaries required to 

20 be submitted to such committees under this Act. 

21 SEC. 105. FUNDING FOR HEALTH OVERSIGHT AND COORDI22 NATION PLANS. 

23 (a) APPROPRIATION.—Out of any money in the 

24 Treasury of the United States not otherwise appropriated, 

25 there are appropriated to the Secretary, $50,000,000 for 


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1 fiscal year 2020, for the purpose of making payments to 

2 States, Indian tribes, tribal organizations, and tribal con3 sortia to implement and operate health oversight and co4 ordination plans under subpart 1 of part B of title IV of 

5 the Social Security Act (42 U.S.C. 621 et seq.), in accord6 ance with this section. Such amounts shall be in addition 

7 to other amounts made available for such purposes. 

8 (b) ALLOTMENTS AND PAYMENTS.—Not later than 

9 30 days after the date of enactment of this Act, the Sec10 retary shall do the following: 

11 (1) PAYMENTS FOR INDIAN TRIBES, TRIBAL OR12 GANIZATION, AND TRIBAL CONSORTIA.— 

13 (A) IN GENERAL.—Subject to subpara14 graph (B), from the amount appropriated under 

15 subsection (a), the Secretary shall reserve 

16 $5,000,000 for allotting to each Indian tribe or 

17 tribal consortium that receives funds under sub18 part 1 of part B of title IV of such Act for fis19 cal year 2020 and operates a program under 

20 section 479B of such Act (42 U.S.C. 679c) for 

21 such fiscal year, an amount that bears the same 

22 proportion to the amount so reserved as the 

23 amount awarded to each such Indian tribe or 

24 tribal consortium under subpart 1 of part B of 

25 title IV of such Act for fiscal year 2020 bears 


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1 to the total amount awarded to all Indian 

2 tribes, tribal organizations, and tribal consortia 

3 under that subpart 1 for such fiscal year. 

4 (B) EXPEDITED AWARD OF ADDITIONAL

5 ALLOTMENTS.—The Secretary shall establish 

6 an expedited process for awarding allotments on 

7 a competitive basis among Indian tribes, tribal 

8 organizations, and tribal consortia that are not 

9 described in subparagraph (A) but receive funds 

10 under subpart 1 of part B of title IV of such 

11 Act for fiscal year 2020. To the extent the Sec12 retary awards any allotments under this sub13 paragraph for fiscal year 2020, the Secretary 

14 shall make pro rata reductions in the amount of 

15 the allotments determined under subparagraph 

16 (A) for fiscal year 2020 as necessary to ensure 

17 that the total amount of allotments made for 

18 such fiscal year under this paragraph does not 

19 exceed the amount reserved under subpara20 graph (A) for the fiscal year. 

21 (2) STATES.—The Secretary shall allot to each 

22 State that receives an allotment for fiscal year 2020 

23 under section 423 of the Social Security Act (42 

24 U.S.C. 623), an amount that bears the same propor25 tion to the amount appropriated under subsection 


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1 (a) which remains after the application of paragraph 

2 (1)(A), as the total amount allotted to the State 

3 under such section 423 for fiscal year 2020 bears to 

4 the sum of the total amounts allotted to all States 

5 under that section for that fiscal year. 

6 (3) PAYMENTS.—The Secretary shall make the 

7 first payment to each State, Indian tribe, tribal or8 ganization, and tribal consortium for which an allot9 ment is determined under paragraph (1) or (2). 

10 Each subsequent payment shall be made on a quar11 terly basis no later than the beginning of the quarter 

12 involved. 

13 (c) USE OF FUNDS.— 

14 (1) IN GENERAL.—A State, Indian tribe, tribal 

15 organization, or tribal consortium shall use the 

16 funds paid from an allotment under this section for 

17 expenditures to implement and operate a health 

18 oversight and coordination plan as required under 

19 section 422(b)(15)(A) of the Social Security Act (42 

20 U.S.C. 622(b)(15)(A)), or, in the case of an Indian 

21 tribe, tribal organization, or tribal consortia not re22 quired to implement and operate such a plan, for ex23 penditures involving tribal participation with States 

24 responsible for developing and carrying out such 

25 plans. 


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1 (2) TARGETED USE.—A State, Indian tribe, 

2 tribal organization, or tribal consortium shall expend 

3 significant portions of the funds paid from an allot4 ment under this section to conduct expanded activi5 ties to mitigate the impact of the COVID–19 pan6 demic on the health and well-being of children in 

7 foster care, such as the following: 

8 (A) Providing access to expedited and ac9 curate COVID–19 testing and treatment for 

10 children, parents, and caregivers to support 

11 child health and placement stability. 

12 (B) Providing access to mental health serv13 ices and supports, including to address needs 

14 arising from health issues, social isolation, and 

15 economic deprivation stemming from the pan16 demic. 

17 (C) Using telehealth services for children 

18 in foster care to ensure uninterrupted access to 

19 needed pediatric medical and subspecialty care, 

20 including behavioral and mental health services. 

21 (D) Ensuring ongoing access to needed in22 person care, including the on-time provision of 

23 all needed vaccinations in accordance with the 

24 latest pediatric vaccination schedule as updated 


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1 by the Centers for Disease Control and Preven2 tion. 

3 (d) NO MATCHING OR APPLICATION REQUIRED.— 

4 The Secretary shall not impose any cash or in-kind match5 ing requirement or require an application from a State, 

6 Indian tribe, tribal organization, or tribal consortium as 

7 a condition for being paid the amounts allotted to the 

8 State, Indian tribe, tribal organization, or tribal consor9 tium under this section (except to the extent necessary for 

10 the expedited award of allotments under subsection 

11 (b)(1)(B)). 

12 (e) AVAILABILITY OF FUNDS.—Subject to subsection 

13 (f), funds from an allotment determined under this section 

14 shall remain available for expenditure by the State, Indian 

15 tribe, tribal organization, or tribal consortium (as applica16 ble) through September 30, 2022 (September 30, 2023, 

17 in the case of any funds redistributed under subsection 

18 (f)). 

19 (f) REDISTRIBUTION OF UNUSED FUNDS.—Sub20 section (d) of section 433 of the Social Security Act (42 

21 U.S.C. 629c) shall apply to the amounts allotted under 

22 this section for fiscal year 2020 that remain unobligated 

23 on July 1, 2022, in the same manner as that subsection 

24 applies to the amounts from allotments made under sub25 sections (a), (b), and (c) of that section for a fiscal year 


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1 except that, for purposes of redistributing amounts allot2 ted under this section for fiscal year 2020, a State, Indian 

3 tribe, tribal organization, and tribal consortium shall not 

4 be required to make the certification referred to in such 

5 section 433(d) before July 1, 2022. 

6 (g) REPORTS.— 

7 (1) PLANNED USE OF FUNDS.—Not later than 

8 120 days after the date of enactment of this Act, 

9 each State, Indian tribe, tribal organization, and 

10 tribal consortium paid funds from an allotment 

11 made under this section shall submit a report to the 

12 Secretary detailing how the State, Indian tribe, trib13 al organization, or tribal consortium plans to use the 

14 funds in accordance with the requirements of this 

15 section. The report required under this subsection 

16 shall be in addition to, and may be combined with, 

17 other reports required under this Act or section 

18 432(a)(8) of the Social Security Act (42 U.S.C. 

19 629b(a)(8)). The Secretary shall not delay making 

20 any payments (including the first payment required 

21 within 30 days of the date of enactment of this Act) 

22 to States, Indian tribes, tribal organizations, and 

23 tribal consortia from the allotments made under this 

24 section because of the report required under this 

25 paragraph. 


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1 (2) ACTUAL EXPENDITURES.—Each State, In2 dian tribe, tribal organization, and tribal consortium 

3 shall report on the actual expenditures made in a 

4 fiscal year using funds from a payment made under 

5 this section (including any payments of amounts re6 allotted). Each report on a fiscal year shall be sub7 mitted not later than June 30 of the succeeding fis8 cal year and shall include such information as the 

9 Secretary shall require regarding the actual expendi10 tures of such funds. 

11 (3) SUMMARY SUBMISSIONS TO CONGRESS.— 

12 The Secretary shall submit to the appropriate com13 mittees of Congress a summary of the reports sub14 mitted under paragraphs (1) and (2) not later than 

15 60 days after the date on which the reports are due. 

16 The summaries required under this paragraph may 

17 be combined with the other summaries required to 

18 be submitted to such committees under this Act. 


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1 TITLE II—OTHER SUPPORT FOR 

2 RESPONDING TO THE COVID– 

3 19 PUBLIC HEALTH EMER4 GENCY 

5 SEC. 201. STATE OPTION TO WAIVE LICENSING REQUIRE6 MENT FOR PURPOSES OF SATISFYING THE 6- 

7 MONTH RESIDENCY REQUIREMENT FOR KIN8 SHIP GUARDIANSHIP ASSISTANCE PAY9 MENTS. 

10 During the period that begins on February 1, 2020, 

11 and ends on September 30, 2022, notwithstanding any 

12 other provision of law, for purposes of determining wheth13 er a child is eligible for kinship guardianship assistance 

14 payments under section 473(d) of the Social Security Act 

15 (42 U.S.C. 673(d)), a State or Indian tribe or tribal orga16 nization may elect to count any consecutive months the 

17 child resided in the home of the prospective relative guard18 ian towards the 6-month residency requirement of para19 graph (3)(A)(i)(II) of that section, without regard to 

20 whether the home of the prospective relative guardian was 

21 a licensed foster family home during any such month. 

22 SEC. 202. MORATORIUM ON AGING OUT OF FOSTER CARE. 

23 (a) IN GENERAL.—During the period that begins on 

24 February 1, 2020, and ends on September 30, 2022, not25 withstanding any other provision of law— 


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1 (1) no State, Indian tribe, tribal organization, 

2 or tribal consortium operating a program under part 

3 E of title IV of the Social Security Act (42 U.S.C. 

4 670 et seq.) shall require a child in foster care under 

5 the responsibility of the State to leave foster care 

6 solely by reason of the child’s age attained; and 

7 (2) no child in foster care under the responsi8 bility of the State, Indian tribe, tribal organization, 

9 or tribal consortium shall be found ineligible for fos10 ter care maintenance payments under section 472 of 

11 such Act (42 U.S.C. 672) solely by reason of the 

12 child’s age attained or by reason of failing to meet 

13 the requirements of section 475(8)(B)(iv) of such 

14 Act (42 U.S.C. 675(8)(B)(iv)). 

15 (b) OUTREACH AND RE-ENTRY.—Each State and In16 dian tribe, tribal organization, or tribal consortium oper17 ating a program under part E of title IV of the Social 

18 Security Act (42 U.S.C. 670 et seq.) shall— 

19 (1) identify and provide notice to any child who 

20 was formally discharged from foster care by reason 

21 of the child’s age attained during the moratorium 

22 period imposed under subsection (a) that the child 

23 shall be re-entered into foster care, unless the child 

24 elects to opt out; and 


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1 (2) establish procedures to facilitate the child’s 

2 re-entry into foster care, which shall include pay3 ment of any foster care maintenance payments the 

4 child is eligible for during the moratorium period im5 posed under subsection (a) (including any such pay6 ments accrued before the child was re-entered into 

7 foster care). 

8 (c) APPLICATION.—The requirements of this section 

9 apply to a State, Indian tribe, tribal organization, or tribal 

10 consortium operating a program under part E of title IV 

11 of the Social Security Act without regard to whether the 

12 State, Indian tribe, tribal organization, or tribal consor13 tium has elected under section 475(8)(B) of such Act (42 

14 U.S.C. 675(8)(B)) to extend foster care to children who 

15 have attained age 18. 

16 SEC. 203. TEMPORARY INCREASE OF MATCHING RATES 

17 FOR KINSHIP GUARDIANSHIP ASSISTANCE 

18 PAYMENTS, ADOPTION ASSISTANCE PAY19 MENTS FOR KIN CAREGIVERS, AND FAMILY 

20 FIRST PREVENTION SERVICES. 

21 For each quarter that begins after March 31, 2020, 

22 and before October 1, 2022— 

23 (1) paragraph (2) of section 474(a) of the So24 cial Security Act (42 U.S.C. 674(a)) shall be applied 

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1 ing such quarter to any adoptive parents who, at the 

2 time of the initiation of adoption proceedings, were 

3 relative guardians or kin caregivers, an amount 

4 equal to 100 percent of the total amount expended 

5 during such quarter as adoption assistance payments 

6 under section 473 pursuant to adoption assistance 

7 agreements)’’ appeared in such paragraph after ‘‘ap8 plies to the State)’’; 

9 (2) paragraph (5) of section 474(a) of the So10 cial Security Act (42 U.S.C. 674(a)) shall be applied 

11 by substituting ‘‘100 percent’’ for ‘‘the percentage 

12 by which the expenditures referred to in paragraph 

13 (2) of this subsection are reimbursed’’; and 

14 (3) paragraphs (6)(A)(i)(I) and (7) of such sec15 tion shall be applied by substituting ‘‘100 percent’’ 

16 for ‘‘50 percent’’ each place it appears. 

17 TITLE III—OTHER PROVISIONS 

18 SEC. 301. COURTS ACT. 

19 (a) IN GENERAL.—Section 436 of the Social Security 

20 Act (42 U.S.C. 629f) is amended— 

21 (1) in subsection (a), by striking 

22 ‘‘$345,000,000 for each of fiscal years 2017 through 

23 2021’’ and inserting ‘‘$375,000,000 for each of fis24 cal years 2022 through 2028’’; and 


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1 (2) in subsection (b)(2), by striking 

2 ‘‘$30,000,000’’ and inserting ‘‘$60,000,000’’. 

3 (b) PROGRAM CHANGES.—Section 438 of such Act 

4 (42 U.S.C. 629h) is amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (2)— 

7 (i) in subparagraph (A), by inserting 

8 ‘‘in a timely and complete manner’’ before 

9 ‘‘, as set forth’’; and 

10 (ii) in subparagraph (C), by striking 

11 the semicolon and inserting ‘‘, including by 

12 training judges, attorneys, and other legal 

13 personnel.’’; and 

14 (B) by striking paragraphs (3) and (4); 

15 (2) in subsection (b)— 

16 (A) by striking paragraph (2); and 

17 (B) by striking all that precedes ‘‘be eligi18 ble to receive’’ and inserting the following: 

19 ‘‘(b) APPLICATIONS.—In order to’’; 

20 (i) in the matter preceding paragraph 

21 (2)— 

22 (I) by moving the matter 2 ems 

23 to the left; 

24 (II) in subparagraph (A)— 


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1 (aa) by striking ‘‘(A) in the 

2 case of a grant for the purpose 

3 described in subsection (a)(3),’’ 

4 and inserting ‘‘(1)’’; and 

5 (bb) by inserting ‘‘use not 

6 less than 30 percent of grant 

7 funds to’’ before ‘‘collaborate’’; 

8 (III) in subparagraph (B), by 

9 striking ‘‘(B) in the case of a grant 

10 for the purpose described in sub11 section (a)(4),’’ and inserting ‘‘(2)’’; 

12 and 

13 (IV) in subparagraph (C), by 

14 striking ‘‘(C) in the case of a grant 

15 for the purpose described in sub16 section (a),’’ and inserting ‘‘(3)’’; and 

17 (3) by striking subsection (c) and inserting the 

18 following: 

19 ‘‘(c) AMOUNT OF GRANT.— 

20 ‘‘(1) IN GENERAL.—From the amounts reserved 

21 under sections 436(b)(2) and 437(b)(2) for a fiscal 

22 year, each highest State court that has an applica23 tion approved under this section for the fiscal year 

24 shall be entitled to payment of an amount equal to 

25 the sum of— 


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1 ‘‘(A) $255,000; and 

2 ‘‘(B) the amount described in paragraph 

3 (2) with respect to the court and the fiscal year. 

4 ‘‘(2) AMOUNT DESCRIBED.—The amount de5 scribed in this paragraph with respect to a court and 

6 a fiscal year is the amount that bears the same ratio 

7 to the total of the amounts reserved under sections 

8 436(b)(2) and 437(b)(2) for grants under this sec9 tion for the fiscal year (after applying paragraphs 

10 (1)(A) and (3) of this subsection) as the number of 

11 individuals in the State in which the court is located 

12 who have not attained 21 years of age bears to the 

13 total number of such individuals in all States with 

14 a highest State court that has an approved applica15 tion under this section for the fiscal year. 

16 ‘‘(3) INDIAN TRIBES.—From the amounts re17 served under section 436(b)(2) for a fiscal year, the 

18 Secretary shall, before applying paragraph (1) of 

19 this subsection, allocate $5,000,000 for grants to be 

20 awarded on a competitive basis among the highest 

21 courts of Indian tribes or tribal consortia that— 

22 ‘‘(A) are operating a program under part 

23 E, in accordance with section 479B; 


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1 ‘‘(B) are seeking to operate a program 

2 under part E and have received an implementa3 tion grant under section 476; or 

4 ‘‘(C) have a court responsible for pro5 ceedings related to foster care or adoption.’’. 

6 (c) TECHNICAL AMENDMENTS.—Section 438(a) of 

7 such Act (42 U.S.C. 629h(a)) is amended— 

8 (1) in paragraph (1)— 

9 (A) in subparagraph (D), by adding ‘‘and’’ 

10 after the semicolon; and 

11 (B) in subparagraph (E)(iii), by striking 

12 ‘‘and’’ after the semicolon; and 

13 (2) in paragraph (2), in the matter preceding 

14 subparagraph (A), by striking ‘‘state’’ and inserting 

15 ‘‘State’’. 

16 (d) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect on October 1, 2021. 

18 SEC. 302. REQUIREMENT FOR DE-ESCALATION STRATEGIES 

19 RELATING TO INTERACTIONS WITH LAW EN20 FORCEMENT AUTHORITIES. 

21 (a) STATE PLAN AMENDMENT.— 

22 (1) IN GENERAL.—Section 422(b) of the Social 

23 Security Act (42 U.S.C. 622(b)) is amended— 

24 (A) in paragraph (18), by striking ‘‘and’’ 

25 after the semicolon; 


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1 (B) in paragraph (19)(B), by striking the 

2 period at the end and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(20) not later than 180 days after the date of 

5 enactment of this paragraph, describe the steps the 

6 State is taking under the State programs assisted 

7 under this subpart, subpart 2 of this part, and part 

8 E, to— 

9 ‘‘(A) develop and implement de-escalation 

10 strategies to— 

11 ‘‘(i) reduce unnecessary interactions 

12 with law enforcement authorities for chil13 dren, youth, and families coming to the at14 tention of child welfare agencies and for 

15 children and youth in foster care; 

16 ‘‘(ii) ensure law enforcement authori17 ties and caseworkers, social workers, or 

18 other behavioral health specialists collabo19 rate (as much as practicable) when law en20 forcement authorities have interactions 

21 with children, youth, and families coming 

22 to the attention of child welfare agencies 

23 and children and youth in foster care; 

24 ‘‘(iii) ensure that any involvement of 

25 law enforcement authorities in child abuse 


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1 or neglect investigations, child welfare 

2 interventions, placement incidents, or court 

3 or administrative proceedings involving 

4 children or youth in foster care, is not co5 ercive or intended to intimidate; and 

6 ‘‘(iv) promote the provision of trauma7 informed, culturally-responsive program8 ming and services for children and youth 

9 in foster care; 

10 ‘‘(B) provide training on such de-escalation 

11 strategies for caseworkers and other child wel12 fare agency staff, including supervisors and 

13 support staff, personnel employed or preparing 

14 for employment by the State agency responsible 

15 for administering the State plans under this 

16 subpart, subpart 2 of this part, and part E, or 

17 by any local agency administering any such 

18 plan, staff of State-licensed or State-approved 

19 public or private nonprofit child welfare agen20 cies, tribal child welfare agencies and organiza21 tions, staff of law enforcement authorities, 

22 State and tribal court personnel, including 

23 judges, current or prospective foster or adoptive 

24 parents, relative guardians, kin caregivers, and 

25 the members of the staff of State-licensed or 


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1 State-approved child care institutions, including 

2 congregate care settings and residential treat3 ment facilities, and qualified residential treat4 ment programs (as defined in section 

5 472(k)(4)); and 

6 ‘‘(C) ensure that the State agency respon7 sible for administering the State plans under 

8 this subpart, subpart 2 of this part, and part 

9 E, local agencies administering any such plan, 

10 State-licensed or State-approved public or pri11 vate nonprofit child welfare agencies, and tribal 

12 child welfare agencies, review system inter13 actions with law enforcement authorities that 

14 are required under such plans or under the 

15 Child Abuse Prevention and Treatment Act to 

16 ensure such interactions occur in manner that 

17 protects children, does not traumatize children, 

18 and is in accordance with recognized principles 

19 of a trauma-informed approach and trauma20 specific interventions to address trauma’s con21 sequences and facilitate healing.’’. 

22 (2) CONFORMING AMENDMENT.—Section 

23 422(b)(4)(B) of such Act (42 U.S.C. 622(b)(4)(B)) 

24 is amended by inserting ‘‘(including with respect to 


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1 the training on de-escalation strategies required 

2 under paragraph (20))’’ after ‘‘State’’. 

3 (b) FUNDING FOR TRAINING.—Section 426 of such 

4 Act (42 U.S.C. 626) is amended by adding at the end the 

5 following: 

6 ‘‘(d) FUNDING FOR TRAINING ON DE-ESCALATION

7 STRATEGIES RELATING TO INTERACTIONS WITH LAW

8 ENFORCEMENT AUTHORITIES.— 

9 ‘‘(1) APPROPRIATION.—In addition to any 

10 amounts otherwise made available to carry out this 

11 section and this subpart, out of any money in the 

12 Treasury of the United States not otherwise appro13 priated, there are appropriated to the Secretary for 

14 each of fiscal years 2020 through 2022, 

15 $15,000,000, for making payments to States in ac16 cordance with this subsection. 

17 ‘‘(2) ALLOTMENTS.— 

18 ‘‘(A) IN GENERAL.—From the amount ap19 propriated under paragraph (1) for a fiscal 

20 year, the Secretary shall allot— 

21 ‘‘(i) to each Indian tribe or tribal con22 sortium with a plan approved under this 

23 subpart and to each of the jurisdictions of 

24 Guam, the Virgin Islands, the Northern 

25 Mariana Islands, and American Samoa, an 


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1 amount that shall not exceed $100,000; 

2 and 

3 ‘‘(ii) to each State that is not an In4 dian tribe, tribal consortium, or jurisdic5 tion specified in clause (i), an amount that 

6 is not less than $200,000. 

7 ‘‘(B) ADDITIONAL AMOUNT.—If any 

8 amounts appropriated under paragraph (1) re9 main after the application of subparagraph (A), 

10 the Secretary shall increase the amount of all 

11 such allotments by an amount determined 

12 through a formula determined by the Secretary 

13 that takes into consideration the number of 

14 children in foster care who are under the re15 sponsibility of each State and Indian tribe or 

16 tribal consortium with a plan approved under 

17 this subpart. 

18 ‘‘(3) USE OF FUNDS.—A State or Indian tribe 

19 or tribal consortium shall use the funds paid under 

20 this subsection to provide the training required 

21 under section 422(b)(20)(B). 

22 ‘‘(4) PAYMENT RULES.— 

23 ‘‘(A) NO MATCH REQUIRED.—Each State 

24 or Indian tribe or tribal consortium with a plan 

25 approved under this subpart shall be entitled to 


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1 payment of 100 percent of the amount allotted 

2 to the entity under paragraph (2) for the fiscal 

3 year. 

4 ‘‘(B) AVAILABILITY OF FUNDS.— 

5 ‘‘(i) IN GENERAL.—Amounts allotted 

6 to a State or Indian tribe or tribal consor7 tium under paragraph (2) for a fiscal year 

8 shall remain available for expenditure 

9 through the end of the succeeding fiscal 

10 year. 

11 ‘‘(ii) AMOUNTS REDISTRIBUTED.— 

12 Any amounts reallotted shall remain avail13 able only through the end of the fiscal year 

14 in which such amounts are distributed. 

15 ‘‘(C) REALLOTMENTS.—Subject to sub16 paragraph (B)(i), subsection (e) of section 423 

17 shall apply to the amounts allotted under para18 graph (2) in the same manner as that section 

19 applies to allotments made under subsection (a) 

20 of that section. 

21 ‘‘(5) NONAPPLICATION.—The limitation on pay22 ments for administrative costs under section 424(e) 

23 shall not apply to the amounts allotted under para24 graph (2). 

25 ‘‘(6) REPORT.— 


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1 ‘‘(A) IN GENERAL.—Each State and In2 dian tribe or tribal consortium provided an al3 lotment under this subsection shall submit a re4 port to the Secretary, at such time, in such 

5 manner, and containing such information as the 

6 Secretary may require, on the activities carried 

7 out with the amounts paid to the State. 

8 ‘‘(B) INDIAN TRIBES.—The Secretary may 

9 modify the reporting requirement under sub10 paragraph (A) for an Indian tribe or tribal con11 sortium to the extent that the Secretary deter12 mines those requirements would be inappro13 priate to apply to the Indian tribe or tribal con14 sortium, taking into account the resources, 

15 needs, and other circumstances of the Indian 

16 tribe or tribal consortium.’’. 

17 SEC. 303. EMERGENCY DESIGNATION. 

18 (a) IN GENERAL.—The amounts provided by this Act 

19 are designated as an emergency requirement pursuant to 

20 section 4(g) of the Statutory Pay-As-You-Go Act of 2010 

21 (2 U.S.C. 933(g)). 

22 (b) DESIGNATION IN SENATE.—In the Senate, this 

23 Act is designated as an emergency requirement pursuant 

24 to section 4112(a) of H. Con. Res. 71 (115th Congress), 


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1 the concurrent resolution on the budget for fiscal year 

2 2018. 

Æ 


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