I 

114TH CONGRESS 

2D SESSION H. R. 5364 

To provide States with flexibility to use Federal IV–E funding for State 

child welfare programs to improve safety, permanency, and well-being 

outcomes for all children who need child welfare services. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 26, 2016 

Mr. LANGEVIN (for himself, Mr. MARINO, Ms. BASS, Mr. HASTINGS, Ms. 

EDDIE BERNICE JOHNSON of Texas, Mr. CARTWRIGHT, and Mrs. DINGELL) introduced the following bill; which was referred to the Committee 

on Ways and Means 

A BILL 

To provide States with flexibility to use Federal IV–E funding for State child welfare programs to improve safety, 

permanency, and well-being outcomes for all children who 

need child welfare services. 

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 ‘‘All 

5 Kids Matter Act’’. 

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

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

TITLE I—FLEXIBILITY TO PROVIDE SERVICES TAILORED TO A 

CHILD’S AND FAMILY’S NEEDS 

Sec. 101. Prevention, intervention, and support services before, during, and 

after placement in foster care. 

Sec. 102. State option for simplified reimbursement of IV–E administrative 

costs. 

TITLE II—FLEXIBILITY TO SERVE ALL CHILDREN IN NEED 

Sec. 201. Elimination of income barrier to serving all children in need of foster 

care maintenance payments. 

Sec. 202. Elimination of barriers to permanency for older youth in foster care. 

TITLE III—MISCELLANEOUS 

Sec. 301. Application to States with waivers and territories. 

Sec. 302. Dissemination of best practices. 

Sec. 303. Effective date. 

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) Our Nation values the potential of all of our 

4 children to thrive and ultimately contribute to the 

5 success of the country. 

6 (2) Scientific research makes it clear that chil7 dren do best when they are part of healthy families. 

8 (3) The results of States operating child welfare 

9 programs under waivers of requirements of title IV– 

10 E of the Social Security Act provide further evidence 

11 that vulnerable children and families can often safely 

12 be kept together and out of foster care when they 

13 are provided with appropriate early intervention 

14 services, preventive services, and support services. 

15 (4) A modern child welfare system would not 

16 only allow, but would encourage, States and Indian 


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1 tribes to utilize evidence-based programs to keep 

2 families safely together, only using foster care for 

3 cases where children’s safety and well-being are com4 promised. 

5 (5) The changes made by this Act will mod6 ernize the title IV–E foster care program to include 

7 the coverage of State-based support activities that 

8 focus on keeping a child safely in his or her home, 

9 and if foster care is necessary, moving a child to 

10 permanency as quickly as possible. 

11 TITLE I—FLEXIBILITY TO PRO12 VIDE SERVICES TAILORED TO 

13 A CHILD’S AND FAMILY’S 

14 NEEDS 

15 SEC. 101. PREVENTION, INTERVENTION, AND SUPPORT 

16 SERVICES BEFORE, DURING, AND AFTER 

17 PLACEMENT IN FOSTER CARE. 

18 (a) STATE PLAN REQUIREMENTS.—Section 471 of 

19 such Act (42 U.S.C. 671) is amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (15)(B), by inserting ‘‘, 

22 which shall include the State identifying and 

23 providing prevention, intervention, and support 

24 services (as defined in section 475(13)) as ap25 propriate,’’ after ‘‘reasonable efforts’’; 


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1 (B) in paragraph (34)(B), by striking 

2 ‘‘and’’ after the semicolon; 

3 (C) in paragraph (35)(B), by striking the 

4 period at the end and inserting a semicolon; 

5 and 

6 (D) by adding at the end the following: 

7 ‘‘(36) provides, not later than 2 years after the 

8 date of enactment of this paragraph, that all at-risk 

9 children (as defined in section 475(14)), children in 

10 foster care, and children who have left foster care to 

11 return home through reunification or reinstatement 

12 of parental rights or for kinship guardianship or 

13 adoption, shall be provided with a standard array of 

14 child welfare services consistent with subsection 

15 (e)(1); and 

16 ‘‘(37) provides, not later than 2 years after the 

17 date of enactment of this paragraph, and not less 

18 than every 2 or 3 years thereafter (as required by 

19 the Secretary with respect to a State on the basis 

20 of the Secretary’s determination of the State’s suc21 cess in keeping children safe and at home or on a 

22 path toward permanency), that the State shall sub23 mit, as part of the State plan required under sub24 section (a), and shall update and revise as nec25 essary— 


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1 ‘‘(A) a description of the State activities 

2 and the delivery mechanisms for achieving— 

3 ‘‘(i) increased permanency for all in4 fants, children, and youth by reducing the 

5 time in foster placements when possible 

6 and promoting a successful transition to 

7 adulthood for older youth; 

8 ‘‘(ii) increased positive outcomes for 

9 infants, children, youth, and families in 

10 their homes and communities, including 

11 tribal communities, and improving the 

12 safety and well-being of infants, children, 

13 and youth; and 

14 ‘‘(iii) the prevention of child abuse 

15 and neglect and the re-entry of infants, 

16 children, and youth into foster care; 

17 ‘‘(B) a description of the performance 

18 benchmarks for assessing the State’s progress 

19 in achieving the goals described in subpara20 graph (A); 

21 ‘‘(C) a description of the standard array of 

22 child welfare services for at-risk children, chil23 dren in foster care, and children who have left 

24 foster care to return home through reunification 

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1 ship guardianship or adoption, in accordance 

2 with subsection (e)(1); and 

3 ‘‘(D) a description of the State’s plan for 

4 ensuring that congregate care is used appro5 priately and reduces the placement of children 

6 and youth in such care.’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(e) STANDARD ARRAY OF CHILD WELFARE SERV9 ICES.— 

10 ‘‘(1) IN GENERAL.—For purposes of subsection 

11 (a)(36), with respect to a State, the standard array 

12 of child welfare services required under this sub13 section for at-risk children, children in foster care, 

14 and children who have left foster care to return 

15 home through reunification or reinstatement of pa16 rental rights or for kinship guardianship or adop17 tion, shall be established by the Secretary in con18 sultation with the director of the State child welfare 

19 agency for the State. At a minimum, a standard 

20 array of child welfare services established by a State 

21 shall— 

22 ‘‘(A) include prevention, intervention, and 

23 support services (as defined in section 475(13)); 

24 and 


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1 ‘‘(B) be made available until a child at2 tains 18 years of age or such greater age as the 

3 State may elect under section 475(8)(B)(iii) to 

4 both the child and the child’s family, guardian, 

5 or caretaker. 

6 ‘‘(2) TYPES OF SERVICES.—The standard array 

7 of child welfare services established with respect to 

8 a State may include any or all of the following: 

9 ‘‘(A) Family engagement. 

10 ‘‘(B) Trauma-informed child assessment. 

11 ‘‘(C) Trauma-focused behavioral health 

12 treatment. 

13 ‘‘(D) Permanency Round Tables. 

14 ‘‘(E) Kinship Supports. 

15 ‘‘(3) INTERACTION WITH PART B SERVICES.—If 

16 a State determines that a child is an at-risk child, 

17 a child in foster care, or a child who has left foster 

18 care to return home through reunification or rein19 statement of parental rights or for kinship guardian20 ship or adoption, the child shall be eligible for serv21 ices provided under the State plans approved under 

22 part B in addition to the standard array of child 

23 welfare services required under paragraph (1). 

24 ‘‘(4) PAYMENT REQUIREMENTS.—Payments to 

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1 tributable to the provision of prevention, interven2 tion, and support services shall only be made if— 

3 ‘‘(A) the State provides or conducts reg4 ular State-specific assessments of the outcomes 

5 for children and families in relation to the pro6 vision of such services; and 

7 ‘‘(B) the State provides an assurance that 

8 such payments shall be used to supplement, and 

9 not supplant, the level of State funds expended 

10 to provide any service under part B or this part 

11 for fiscal year 2015.’’. 

12 (b) DEFINITIONS.—Section 475 of such Act (42 

13 U.S.C. 675) is amended by adding at the end the fol14 lowing: 

15 ‘‘(13)(A) Subject to subparagraphs (B) and 

16 (C), the term ‘prevention, intervention, and support 

17 services’ has the meaning given such term as the 

18 Secretary, by regulation, shall establish, and shall 

19 include the following: 

20 ‘‘(i) Initial family assessments for a child 

21 identified as an at-risk child (as defined in 

22 paragraph (14)) in accordance with standards 

23 established by the Secretary that require a case 

24 worker to identify what the child needs to stay 

25 safely in his or her home or, if the child cannot 


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1 stay safely in their home, that specifies that the 

2 child needs a safe placement outside the home 

3 as soon as possible. 

4 ‘‘(ii) Follow-up assessments after a child 

5 has been identified as an at-risk child, placed in 

6 foster care, or has left foster care to return 

7 home through reunification or reinstatement of 

8 parental rights or for kinship guardianship or 

9 adoption, in accordance with standards estab10 lished by the Secretary. 

11 ‘‘(iii) In-home services for at-risk children, 

12 children in foster care, and children who have 

13 left foster care to return home through reunifi14 cation or reinstatement of parental rights or for 

15 kinship guardianship or adoption, and for the 

16 families, guardians, or caretakers of such chil17 dren. 

18 ‘‘(iv) Case management services for at-risk 

19 children, children in foster care, and children 

20 who have left foster care to return home 

21 through reunification or reinstatement of paren22 tal rights or for kinship guardianship or adop23 tion, and for the families, guardians, or care24 takers of such children. 


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1 ‘‘(v) Post-permanency supports for at-risk 

2 children and children who have left foster care 

3 to return home through reunification or rein4 statement of parental rights or for kinship 

5 guardianship or adoption, and for the families, 

6 guardians, or caretakers of such children. 

7 ‘‘(B) The regulation required under subpara8 graph (A) shall provide that such term means any 

9 services provided to a child, parent, legal or relative 

10 guardian, family, or caregiver that are intended to 

11 meet the needs of the child, parent, legal or relative 

12 guardian, family, or caregiver— 

13 ‘‘(i) prior to the placement of a child in 

14 foster care, enable the child to safely remain 

15 with the child’s family; 

16 ‘‘(ii) after the placement of a child in fos17 ter care, enable the child to be safely reunited 

18 with the child’s family; and 

19 ‘‘(iii) after a child in foster care is reunited 

20 with the child’s family, adopted, or permanently 

21 placed with a guardian, ensure the stability, 

22 health, and safety of the child. 

23 ‘‘(C) The regulations required under subpara24 graph (A) shall provide that such term shall only in25 clude services that are evidence-based or evidence-inVerDate Sep 11 2014 22:09 Jun 01, 2016 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5364.IH H5364

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1 formed and address specific outcomes related to 

2 safety, permanency, or well-being for at-risk chil3 dren, children in foster care, and children who have 

4 left foster care to return home through reunification 

5 or reinstatement of parental rights or for kinship 

6 guardianship or adoption. 

7 ‘‘(14)(A) The term ‘at-risk child’ means a child at 

8 risk of entering or re-entering the child welfare system 

9 based on criteria established by the Secretary in consulta10 tion with the States. 

11 ‘‘(B) Such term shall include a child who is deter12 mined to be at risk of entering or re-entering the child 

13 welfare system on the basis of an appeal by a State under 

14 such procedures as the Secretary shall establish.’’. 

15 (c) PAYMENT FOR SERVICES AND PERFORMANCE

16 ACHIEVEMENT UNDER TITLE IV–E.—Section 474(a) of 

17 the Social Security Act (42 U.S.C. 674(a)) is amended— 

18 (1) in paragraph (5), by striking the period at 

19 the end and inserting ‘‘; plus’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(6) subject to section 471(e)(4), for each quar22 ter beginning after September 30, 2017, an amount 

23 equal to the Federal medical assistance percentage 

24 (which shall be as defined in subsection (b) of sec25 tion 1905 without regard to any increase applicable 


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1 under another subsection of that section, in the case 

2 of a State other than the District of Columbia, or 

3 70 percent, in the case of the District of Columbia) 

4 of the total amount expended during such quarter as 

5 found necessary by the Secretary for the provision of 

6 prevention, intervention, and support services (as de7 fined in section 475(13)) for at-risk children (as de8 fined in section 475(14)), children in foster care, 

9 and children who have left foster care to return 

10 home through reunification or reinstatement of pa11 rental rights or for kinship guardianship or adop12 tion, and for the families, guardians, or caretakers 

13 of such children (or, with respect to such payments 

14 made during such quarter under a cooperative 

15 agreement or contract entered into by the State and 

16 an Indian tribe, tribal organization, or tribal consor17 tium for the administration or payment of funds 

18 under this part, an amount equal to the Federal 

19 medical assistance percentage that would apply 

20 under section 479B(d) (in this paragraph referred to 

21 as the ‘tribal FMAP’) if such Indian tribe, tribal or22 ganization, or tribal consortium made such pay23 ments under a program operated under that section, 

24 unless the tribal FMAP is less than the Federal 


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1 medical assistance percentage that applies to the 

2 State); plus 

3 ‘‘(7) for each quarter beginning after Sep4 tember 30, 2018, if the State is eligible for a per5 formance achievement payment for a fiscal year 

under section 471(f), an amount equal to 1 6 ⁄4 of the 

7 performance achievement payment determined for 

8 the State for the fiscal year under section 471(f).’’. 

9 (d) PERFORMANCE ASSESSMENT; EVALUATIONS AND

10 REPORTS.—Section 471 of such Act (42 U.S.C. 671) (as 

11 amended by subsection (c)) is amended by adding at the 

12 end the following: 

13 ‘‘(f) PERFORMANCE ACHIEVEMENT.—The Secretary 

14 shall establish criteria for assessing State performance 

15 with respect to achieving the goals described in subsection 

16 (a)(37)(A) and furthering the purposes of this part and 

17 for awarding performance achievement payments to States 

18 under section 474(a)(7). 

19 ‘‘(g) EVALUATIONS AND REPORTS.— 

20 ‘‘(1) EVALUATIONS.— 

21 ‘‘(A) IN GENERAL.—The Secretary, di22 rectly or through grants, contracts, or inter23 agency agreements, shall conduct research and 

24 evaluations with respect to the payments made 

25 under paragraphs (6) and (7) of section 474(a) 


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1 for purposes of assessing the extent to which 

2 the provision of payments under such para3 graphs are related to State progress towards 

4 achieving the goals described in subsection 

5 (a)(37)(A) and the purposes of this part. 

6 ‘‘(B) STATE COOPERATION.—In order to 

7 be entitled to a payment under paragraphs (6) 

8 or (7) of section 474(a), a State shall agree to 

9 cooperate with the conduct of any such research 

10 or evaluations. 

11 ‘‘(2) REPORTS.— 

12 ‘‘(A) STATE REPORTS.—Each State that 

13 receives a payment under paragraph (6) or (7) 

14 of section 474(a) shall submit such reports to 

15 the Secretary as the Secretary may require with 

16 respect to State expenditures for which pay17 ments are made under that section. 

18 ‘‘(B) REPORTS TO CONGRESS.—The Sec19 retary shall submit to the Committee on Ways 

20 and Means of the House of Representatives and 

21 the Committee on Finance of the Senate peri22 odic reports based on the State reports sub23 mitted under subparagraph (A) and the re24 search and evaluations conducted under para25 graph (1), together with such recommendations 


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1 for administrative or legislative changes as the 

2 Secretary determines appropriate. 

3 ‘‘(C) PUBLIC AVAILABILITY.—The Sec4 retary shall make the State reports and the re5 ports to Congress submitted under this para6 graph publicly available.’’. 

7 (e) CONFORMING AMENDMENTS.— 

8 (1) PURPOSE.—The first sentence of section 

9 470 of such Act (42 U.S.C. 670) is amended by 

10 striking ‘‘foster care’’ and all that follows through 

11 ‘‘needs’’ and inserting ‘‘prevention, intervention, and 

12 support services, foster care, transitional inde13 pendent living programs for children, support for 

14 children who have left foster care to return home 

15 through reunification or reinstatement of parental 

16 rights, kinship guardianship assistance, adoption as17 sistance for children with special needs, and per18 formance achievement payments’’. 

19 (2) STATE PLAN.—Section 471(a)(1) of such 

20 Act (42 U.S.C. 671(a)(1)) is amended by striking 

21 ‘‘and’’ and all that follows through the semicolon 

22 and inserting ‘‘, adoption assistance in accordance 

23 with section 473, and prevention, intervention, and 

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1 turn home through reunification or reinstatement of 

2 parental rights or for kinship guardianship or adop3 tion in accordance with subsection (e);’’. 

4 (3) TRAINING.—Section 474(a)(3)(B) of such 

5 Act (42 U.S.C. 674(a)(3)(B)) is amended by insert6 ing ‘‘and in ways that include training on how to 

7 provide such support and assistance, as well as 

8 training on prevention, intervention, and support 

9 services and how to provide such services,’’ after 

10 ‘‘living with relative guardians,’’. 

11 SEC. 102. STATE OPTION FOR SIMPLIFIED REIMBURSE12 MENT OF IV–E ADMINISTRATIVE COSTS. 

13 Section 474 of such Act (42 U.S.C. 674) is amend14 ed— 

15 (1) in subsection (a)(3), in the matter pre16 ceding subparagraph (A), by inserting ‘‘subsection 

17 (h) and’’ before ‘‘section 472(i)’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(h) STATE OPTION TO ELECT ALLOTMENT FOR

20 SPECIFIED ADMINISTRATIVE COSTS.— 

21 ‘‘(1) PROCESS FOR DETERMINATION OF ADMIN22 ISTRATIVE COSTS ALLOTMENT.—For fiscal years be23 ginning after September 30, 2017, a State may elect 

24 to be paid an administrative costs allotment for a 

25 fiscal year under this subsection in lieu of receiving 


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1 payments under subsection (a)(3) for each quarter 

2 of the fiscal year for the costs that are specified to 

3 be paid out of the allotment. The Secretary shall de4 termine the alternative administrative costs allot5 ment for a State for a fiscal year by— 

6 ‘‘(A) consulting with the State; 

7 ‘‘(B) identifying the specific categories of 

8 administrative costs that will be paid out of the 

9 allotment; 

10 ‘‘(C) taking into account the State’s histor11 ical and projected expenditures for such cat12 egories of administrative costs; and 

13 ‘‘(D) taking into account such other data 

14 or information as the Secretary and the State 

15 determine appropriate. 

16 ‘‘(2) SIMPLIFIED REPORTING.—The Secretary 

17 shall establish a simplified, streamlined process for 

18 a State with an administrative costs allotment for a 

19 fiscal year to report expenditures from the allotment 

20 with respect to the fiscal year that shall apply in lieu 

21 of any other reporting requirements under this part 

22 that would otherwise apply to such expenditures.’’. 


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1 TITLE II—FLEXIBILITY TO 

2 SERVE ALL CHILDREN IN NEED 

3 SEC. 201. ELIMINATION OF INCOME BARRIER TO SERVING 

4 ALL CHILDREN IN NEED OF FOSTER CARE 

5 MAINTENANCE PAYMENTS. 

6 (a) DELINKAGE OF AFDC ELIGIBILITY CRITERIA.— 

7 Section 472(a) of the Social Security Act (42 U.S.C. 

8 672(a)) is amended— 

9 (1) in paragraph (1), in the matter preceding 

10 subparagraph (A), by striking ‘‘specified’’ and all 

11 that follows through the period and inserting ‘‘or 

12 caretaker into foster care if the removal and foster 

13 care placement met, and continue to meet, the re14 quirements of paragraph (2).’’; 

15 (2) in paragraph (2)(A)(i), by inserting ‘‘or 

16 caretaker’’ after ‘‘relative’’; and 

17 (3) by striking paragraphs (3) and (4). 

18 (b) CONFORMING AMENDMENT.—Section 

19 479B(c)(1)(C)(ii) of such Act (42 U.S.C. 

20 679c(c)(1)(C)(ii)) is amended to read as follows: 

21 ‘‘(ii) SATISFACTION OF FOSTER CARE

22 ELIGIBILITY REQUIREMENTS.—For pur23 poses of determining whether the removal 

24 and foster care placement of a child whose 

25 placement and care are the responsibility 


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1 of an Indian tribe, tribal organization, or 

2 tribal consortium with a plan approved 

3 under section 471 in accordance with this 

4 section satisfies the requirements of section 

5 472(a), with respect to the first 12 months 

6 for which such plan is in effect, paragraph 

7 (1) of section 472(a) shall not be inter8 preted so as to prohibit the use of affida9 vits or nunc pro tunc orders as verification 

10 documents in support of the reasonable ef11 forts and contrary to the welfare of the 

12 child judicial determinations required 

13 under that paragraph.’’. 

14 (c) BUDGET NEUTRAL IMPLEMENTATION.—Not 

15 later than 180 days after the date of enactment of this 

16 Act, the Secretary of Health and Human Services and the 

17 Director of the Office of Management and Budget jointly 

18 shall submit to Congress a plan that specifies such legisla19 tive and administrative actions as the Secretary of Health 

20 and Human Services and the Director of the Office of 

21 Management and Budget determine are necessary to en22 sure that the amendments made by subsections (a) and 

23 (b) are implemented in a manner that is budget neutral. 

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

25 subsections (a) and (b) shall take effect on the later of— 


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1 (1) October 1, 2018; or 

2 (2) the date that is 180 days after the date the 

3 plan required under subsection (c) is submitted to 

4 Congress. 

5 SEC. 202. ELIMINATION OF BARRIERS TO PERMANENCY 

6 FOR OLDER YOUTH IN FOSTER CARE. 

7 (a) EXPANSION OF STATE OPTION TO PROVIDE

8 SERVICES TO YOUTH WHO HAVE ATTAINED AGE 18.— 

9 Section 475(8)(B)(iv) of the Social Security Act (42 

10 U.S.C. 675(8)(B)(iv)) is amended— 

11 (1) in subclause (IV), by striking ‘‘or’’ after the 

12 semicolon; 

13 (2) in subclause (V), by striking the period at 

14 the end and inserting ‘‘; or’’; and 

15 (3) by adding at the end the following new sub16 clause: 

17 ‘‘(VI) pursuing legal permanency 

18 through family reunification, perma19 nent placement with a relative, adop20 tion, legal guardianship, other planned 

21 permanent living arrangement, or 

22 such other pathways to permanency 

23 as the State, in consultation with the 

24 Secretary, may specify.’’. 


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1 (b) EXTENDING ELIGIBILITY FOR CHAFEE PROGRAM

2 SERVICES AND EDUCATION AND TRAINING VOUCHERS TO

3 YOUTH WHO RETURN HOME AFTER ATTAINING AGE

4 16.—Section 477 of the Social Security Act (42 U.S.C. 

5 677) is amended— 

6 (1) in subsection (a)(7), by inserting ‘‘, or who 

7 return home through reunification or reinstatement 

8 of parental rights’’ before the semicolon; and 

9 (2) in subsection (i)(2), by inserting ‘‘, or who 

10 return home through reunification or reinstatement 

11 of parental rights,’’ after ‘‘foster care’’. 

12 (c) DEVELOPMENT AND DISSEMINATION OF PERMA13 NENCY-SUPPORTIVE HOUSING OPTIONS.—Not later than 

14 September 30, 2017, the Secretary of Health and Human 

15 Services, the Secretary of Housing and Urban Develop16 ment, and the Secretary of Education, jointly shall do the 

17 following: 

18 (1) DEVELOP AND DISSEMINATE TO STATES.— 

19 Develop and disseminate to States flexible sup20 portive housing options, developed in consultation 

21 with States, foster youth, providers, and other im22 portant stakeholders, that provide opportunities for 

23 youth who age out of foster care to achieve legal and 

24 lifelong permanency while living independently, and 

25 which allow for developmentally appropriate housing 


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1 situations, including dorm living, room leases, and 

2 roommate situations. 

3 (2) RECOMMENDATIONS TO CONGRESS.—Sub4 mit recommendations, developed in consultation with 

5 States, foster youth, providers, and other important 

6 stakeholders, to Congress for such legislative action 

7 as the Secretaries determine are necessary to in8 crease the availability of flexible supportive housing 

9 options that would allow youth who age out of foster 

10 care to achieve legal and lifelong permanency. 

11 TITLE III—MISCELLANEOUS 

12 SEC. 301. APPLICATION TO STATES WITH WAIVERS AND 

13 TERRITORIES. 

14 (a) APPLICATION TO STATES WITH WAIVERS.— 

15 (1) GENERAL NONAPPLICATION.—If any waiver 

16 granted to a State, Indian tribe, tribal organization, 

17 or tribal consortium under section 1130 of this Act 

18 or otherwise which relates to the provision of assist19 ance under a State plan under this part (as in effect 

20 on September 30, 2015) is in effect as of the date 

21 of enactment of this Act, the amendments made by 

22 this Act shall not apply with respect to the State, 

23 Indian tribe, tribal organization, or tribal consortium 

24 before the expiration of the waiver to the extent such 

25 amendments are inconsistent with the waiver. 


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1 (2) EARLY TERMINATION.— 

2 (A) REPORT.—If a State, Indian tribe, 

3 tribal organization, or tribal consortium elects 

4 to terminate a waiver described in paragraph 

5 (1) before the expiration of the waiver, the 

6 State, Indian tribe, tribal organization, or tribal 

7 consortium shall submit a report to the Sec8 retary summarizing the waiver and any avail9 able information concerning the result or effect 

10 of the waiver. 

11 (B) HOLD HARMLESS PROVISION.— 

12 (i) IN GENERAL.—Notwithstanding 

13 any other provision of law, a State, Indian 

14 tribe, tribal organization, or tribal consor15 tium that, not later than the date de16 scribed in clause (ii) of this subparagraph, 

17 submits a written request to terminate a 

18 waiver described in paragraph (1) shall be 

19 held harmless for accrued cost neutrality 

20 liabilities incurred under the waiver. 

21 (ii) DATE DESCRIBED.—The date de22 scribed in this subparagraph is 90 days 

23 following the adjournment of the first reg24 ular session of the State legislature that 

25 begins after the date of the enactment of 


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1 this Act (or in the case of an Indian tribe, 

2 tribal organization, or tribal consortium, 

3 90 days following such date as the Sec4 retary shall establish in consultation with 

5 the Indian tribe, tribal organization, or 

6 tribal consortium). 

7 (3) SECRETARIAL ENCOURAGEMENT OF CUR8 RENT WAIVERS.—The Secretary shall encourage any 

9 State, Indian tribe, tribal organization, or tribal con10 sortium operating a waiver described in paragraph 

11 (1) to continue the waiver and to evaluate the result 

12 or effect of the waiver. 

13 (4) CONTINUATION OF INDIVIDUAL WAIVERS.— 

14 A State, Indian tribe, tribal organization, or tribal 

15 consortium may elect to continue one or more indi16 vidual waivers described in paragraph (1). 

17 (b) INDIAN TRIBES OPERATING IV–E PROGRAMS

18 CONSIDERED STATES.—Not later than 120 days after the 

19 date of enactment of this Act, the Secretary shall issue 

20 guidance regarding how an Indian tribe, tribal organiza21 tion, or tribal consortium that has elected to operate a 

22 program under part E of title IV of the Social Security 

23 Act in accordance with section 479B of such Act (42 

24 U.S.C. 679c) may revise the tribal plan submitted in acVerDate Sep 11 2014 22:09 Jun 01, 2016 Jkt 059200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H5364.IH H5364

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1 cordance with such section to take into account, as appro2 priate, the amendments made by this Act. 

3 (c) DISREGARD FROM LIMITATION ON TOTAL PAY4 MENTS TO TERRITORIES.—Section 1108(a)(2) of the So5 cial Security Act (42 U.S.C. 1308(a)(2)) is amended by 

6 striking ‘‘or 413(f)’’ and inserting ‘‘413(f), 474(a)(6), 

7 474(a)(7), or 474(h)’’. 

8 SEC. 302. DISSEMINATION OF BEST PRACTICES. 

9 The Secretary of Health and Human Services annu10 ally shall identify and disseminate to States best practices 

11 for achieving safety, permanency, and well-being outcomes 

12 for children in need of child welfare services. 

13 SEC. 303. EFFECTIVE DATE. 

14 (a) IN GENERAL.—Except as otherwise provided and 

15 subject to subsection (b), this Act and the amendments 

16 made by this Act take effect on October 1, 2015. 

17 (b) DELAY PERMITTED IF STATE LEGISLATION RE18 QUIRED.—In the case of a State plan under part E of 

19 title IV of the Social Security Act which the Secretary of 

20 Health and Human Services determines requires State 

21 legislation (other than legislation appropriating funds) in 

22 order for the plan to meet the additional requirements im23 posed by the amendments made by this Act, the State plan 

24 shall not be regarded as failing to comply with the require25 ments of such part solely on the basis of the failure of 


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1 the plan to meet such additional requirements before the 

2 first day of the first calendar quarter beginning after the 

3 close of the first regular session of the State legislature 

4 that begins after the date of enactment of this Act. For 

5 purposes of the previous sentence, in the case of a State 

6 that has a 2-year legislative session, each year of such ses7 sion shall be deemed to be a separate regular session of 

8 the State legislature. 

Æ 


sradovich on DSK3TPTVN1PROD with BILLS