II 

116TH CONGRESS 

1ST SESSION S. 1376 

To amend parts B and E of title IV of the Social Security Act to eliminate 

barriers to providing child welfare services for children and youth in 

need, to provide additional resources to implement programmatic changes 

necessary to meet the requirements of the Family First Prevention Services Act, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 8, 2019 

Mr. BROWN (for himself, Ms. STABENOW, Ms. KLOBUCHAR, and Mrs. GILLIBRAND) introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To amend parts B and E of title IV of the Social Security 

Act to eliminate barriers to providing child welfare services for children and youth in need, to provide additional 

resources to implement programmatic changes necessary 

to meet the requirements of the Family First Prevention 

Services Act, and for other purposes. 

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 ‘‘Family First Transition and Support Act of 2019’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—ELIMINATING BARRIERS TO PROVIDING CHILD 

WELFARE SERVICES FOR CHILDREN IN NEED 

Sec. 101. Elimination of the AFDC eligibility requirement for foster care maintenance payments for children placed in a foster family home. 

Sec. 102. Increased funding for promoting safe and stable families. 

Sec. 103. Promoting safe and stable families through kinship placement support services programs. 

Sec. 104. Using family preservation services to stabilize families in crisis. 

Sec. 105. More funding and training for caseworker development. 

Sec. 106. Funding for evaluation and identification of evidence-based prevention practices. 

Sec. 107. Increased funding for regional partnership grants. 

TITLE II—SUPPORT FOR MEETING THE REQUIREMENTS OF THE 

FAMILY FIRST PREVENTION SERVICES ACT 

Sec. 201. Delay of 50 percent well-supported prevention practices requirement. 

Sec. 202. Temporary additional funding for foster parent recruitment and increasing quality family and residential care settings. 

Sec. 203. Overpayment grace period for waiver States with county-administered 

programs. 

Sec. 204. Pre-approval authority for programs with promising, supported, or 

well-supported practices. 

TITLE III—MISCELLANEOUS PROVISIONS 

Sec. 301. Additional resources for the child welfare court improvement program. 

Sec. 302. Additional resources and improvements for tribal child welfare programs. 

Sec. 303. Effective date. 


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1 TITLE I—ELIMINATING BAR2 RIERS TO PROVIDING CHILD 

3 WELFARE SERVICES FOR 

4 CHILDREN IN NEED 

5 SEC. 101. ELIMINATION OF THE AFDC ELIGIBILITY RE6 QUIREMENT FOR FOSTER CARE MAINTE7 NANCE PAYMENTS FOR CHILDREN PLACED 

8 IN A FOSTER FAMILY HOME. 

9 (a) IN GENERAL.—Section 472(a) of the Social Secu10 rity Act (42 U.S.C. 672(a)) is amended— 

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

12 subparagraph (A), by striking ‘‘Each State’’ and in13 serting ‘‘Subject to paragraph (5), each State’’; and 

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

15 ‘‘(5) ELIMINATION OF THE AFDC ELIGIBILITY

16 REQUIREMENT FOR CHILDREN PLACED IN A FOSTER

17 FAMILY HOME.—Beginning October 1, 2019, the 

18 AFDC eligibility requirement of paragraph (3) shall 

19 no longer apply with respect to a child who has been 

20 removed from the home of a relative or a caretaker 

21 into foster care and placed in a foster family home. 

22 On and after such date, each State with a plan ap23 proved under this part shall make foster care main24 tenance payments on behalf of each child who has 

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1 taker into foster care and placed in a foster family 

2 home (without regard to whether such removal and 

3 placement occurred before, on, or after October 1, 

4 2019), if the removal and foster care placement met, 

5 and continues to meet, the requirements of para6 graph (2).’’. 

7 (b) REINVESTMENT OF SAVINGS.—Section 472 of 

8 such Act is amended by adding at the end the following: 

9 ‘‘(l) REINVESTMENT OF SAVINGS FROM ELIMI10 NATION OF THE AFDC ELIGIBILITY REQUIREMENT.— 

11 ‘‘(1) SPENDING REQUIREMENT.—Beginning 

12 with fiscal year 2021, a State shall spend an amount 

13 equal to the amount of savings (if any) in State ex14 penditures under this part for the preceding fiscal 

15 year resulting from the amendments made by section 

16 101(a) of the Family First Transition and Support 

17 Act of 2019 (eliminating the AFDC eligibility re18 quirement for children placed in a foster family 

19 home) to provide children or families any service 

20 that may be provided under this part or part B. In 

21 the case of a State in which the State plans under 

22 this part and part B are administered by 1 or more 

23 political subdivisions of the State, the State shall 

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1 cal year among the political subdivisions of the State 

2 administering such State plans. 

3 ‘‘(2) DETERMINATION OF SAVINGS.— 

4 ‘‘(A) IN GENERAL.—A State shall calculate 

5 the savings (if any) for a fiscal year for pur6 poses of meeting the requirement of paragraph 

7 (1), using a methodology specified by the Sec8 retary or an alternate methodology proposed by 

9 the State and approved by the Secretary. 

10 ‘‘(B) REPORT.—A State shall annually re11 port to the Secretary— 

12 ‘‘(i) the methodology used to make the 

13 calculation described in subparagraph (A), 

14 without regard to whether any savings are 

15 found; 

16 ‘‘(ii) the amount of any savings re17 ferred to in subparagraph (A); 

18 ‘‘(iii) how any such savings are spent, 

19 accounting for and reporting the spending 

20 separately from any other spending re21 ported to the Secretary under part B or 

22 this part; and 

23 ‘‘(iv) in the case of a State in which 

24 the State plans under this part and part B 

25 are administered by 1 or more political 


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1 subdivisions of the State, the proportion of 

2 such savings that were distributed to polit3 ical subdivisions of the State. 

4 ‘‘(C) PUBLICLY AVAILABLE.—The Sec5 retary shall make all information reported pur6 suant to subparagraph (B) available on the 

7 website of the Department of Health and 

8 Human Services in a location easily accessible 

9 to the public. 

10 ‘‘(3) SUPPLEMENT, NOT SUPPLANT.—Any State 

11 spending required under paragraph (1) shall be used 

12 to supplement, and not supplant, any Federal or 

13 non-Federal funds used to provide any service under 

14 part B or this part.’’. 

15 SEC. 102. INCREASED FUNDING FOR PROMOTING SAFE AND 

16 STABLE FAMILIES. 

17 Section 436(a) of the Social Security Act (42 U.S.C. 

18 629f(a)) is amended by striking ‘‘through 2021’’ and in19 serting ‘‘through 2019, and $665,000,000 for each of fis20 cal years 2020 through 2021’’. 

21 SEC. 103. PROMOTING SAFE AND STABLE FAMILIES 

22 THROUGH KINSHIP PLACEMENT SUPPORT 

23 SERVICES PROGRAMS. 

24 (a) ADDITION OF KINSHIP PLACEMENT SUPPORT

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1 LIES PROGRAM.—Section 431(a) of the Social Security 

2 Act (42 U.S.C. 629a(a)) is amended by adding at the end 

3 the following: 

4 ‘‘(10) KINSHIP PLACEMENT SUPPORT SERV5 ICES.— 

6 ‘‘(A) IN GENERAL.—The term ‘kinship 

7 placement support services’ means the services 

8 and activities described in subparagraph (B) 

9 that are provided on behalf of children and 

10 youth in kinship care arrangements who are in, 

11 or at risk of entering or re-entering, foster care. 

12 ‘‘(B) SERVICES AND ACTIVITIES DE13 SCRIBED.—The services and activities described 

14 in this subparagraph are the following: 

15 ‘‘(i) Crisis stabilization services, in16 cluding case management services designed 

17 to stabilize families in crisis such as trans18 portation, assistance with housing and util19 ity payments, and access to adequate 

20 health care, child care assistance, and es21 tablishing a kinship placement crisis sta22 bilization fund for purposes of making di23 rect cash payments to kin caregivers for 

24 immediate needs of children placed with 

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1 ship placements and prevent the entry of 

2 children into foster care. 

3 ‘‘(ii) Family finding, including inten4 sive family-finding efforts that utilize 

5 search technology to find biological family 

6 members for children in, or at risk of en7 tering, foster care. 

8 ‘‘(iii) Re-establishing family relation9 ships and supporting family group deci10 sion-making. 

11 ‘‘(iv) Other assistance or services re12 lated to strengthening and supporting kin13 ship families to improve the well-being of 

14 children and their kin caregivers, includ15 ing, if requested, assistance in becoming a 

16 licensed foster family home.’’. 

17 (b) MAINTENANCE OF EFFORT REQUIREMENT.— 

18 Section 432(a)(7) of such Act (42 U.S.C. 629b(a)(7)) is 

19 amended— 

20 (1) in subparagraph (A)— 

21 (A) by striking ‘‘assurances that Federal 

22 funds’’ and inserting ‘‘assurances that— 

23 ‘‘(i) Federal funds’’; and 

24 (B) by adding at the end the following: 


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1 ‘‘(ii) the total amount of State expendi2 tures made for fiscal year 2020 and each fiscal 

3 year thereafter to support kinship placements 

4 shall not be less than the total amount of such 

5 expenditures made for fiscal year 2019; and’’; 

6 and 

7 (2) in subparagraph (B), by inserting ‘‘and 

8 spending requirements’’ after ‘‘prohibition’’. 

9 (c) CONFORMING AMENDMENTS.— 

10 (1) Section 430 of such Act (42 U.S.C. 629) is 

11 amended— 

12 (A) in the matter preceding paragraph (1), 

13 by inserting ‘‘kinship placement support serv14 ices,’’ after ‘‘family reunification services,’’; 

15 (B) by redesignating paragraphs (3) and 

16 (4) as paragraphs (4) and (5), respectively; and 

17 (C) by inserting after paragraph (2), the 

18 following: 

19 ‘‘(3) To support kinship placements to maintain 

20 family connections while ensuring the safety and 

21 well-being of children and youth and the well-being 

22 of their kin caregivers.’’. 

23 (2) Paragraphs (4) and (5) of section 432(a) of 

24 such Act (42 U.S.C. 629b(a)) are each amended by 


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1 inserting ‘‘kinship placement support services,’’ after 

2 ‘‘family reunification services,’’. 

3 SEC. 104. USING FAMILY PRESERVATION SERVICES TO STA4 BILIZE FAMILIES IN CRISIS. 

5 Section 431(a)(1) of the Social Security Act (42 

6 U.S.C. 629a(a)(1)) is amended— 

7 (1) in subparagraph (E), by striking ‘‘and’’ 

8 after the semicolon; 

9 (2) in subparagraph (F), by striking the period 

10 at the end and inserting ‘‘; and’’; and 

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

12 ‘‘(G) case management services designed to 

13 stabilize families in crisis such as transpor14 tation, assistance with housing and utility pay15 ments, and access to adequate health care.’’. 

16 SEC. 105. MORE FUNDING AND TRAINING FOR CASE17 WORKER DEVELOPMENT. 

18 (a) INCREASED RESERVATION OF FUNDS.—Section 

19 436(b)(4)(A) of the Social Security Act (42 U.S.C. 

20 629f(b)(4)(A)) is amended by striking ‘‘through 2021’’ 

21 and inserting ‘‘through 2019, and $50,000,000 for each 

22 of fiscal years 2020 through 2021’’. 

23 (b) USE OF FUNDS.—Section 436(b)(4)(B) of such 

24 Act (42 U.S.C. 629f(b)(4)(B)) is amended— 

25 (1) in clause (i)— 


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1 (A) by striking ‘‘the amount to improve’’ 

2 and inserting ‘‘the amount to— 

3 ‘‘(I) improve’’; 

4 (B) by striking the period and inserting a 

5 semicolon; and 

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

7 ‘‘(II) identify and reduce the im8 pact of vicarious trauma among case9 workers; and 

10 ‘‘(III) provide caseworkers with 

11 training in best practices for directly 

12 working with families where a parent 

13 or another member of the family has 

14 a substance use disorder or behavioral 

15 health issue.’’; and 

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

17 ‘‘(iii) DOCUMENTATION OF USE OF

18 FUNDS FOR CASEWORKER DEVELOP19 MENT.—A State shall annually report to 

20 the Secretary, separately from any other 

21 spending reported to the Secretary under 

22 part E or this part, the amounts used by 

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1 quirements of subclauses (II) and (III) of 

2 clause (i).’’. 

3 SEC. 106. FUNDING FOR EVALUATION AND IDENTIFICATION 

4 OF EVIDENCE-BASED PREVENTION PRAC5 TICES. 

6 (a) INCREASED RESERVATION OF FUNDS.—Section 

7 436(b)(1) of the Social Security Act (42 U.S.C. 

8 629f(b)(1)) is amended, in the matter preceding subpara9 graph (A), by striking ‘‘$6,000,000’’ and inserting 

10 ‘‘$26,000,000’’. 

11 (b) TARGETED RESERVATIONS OF FUNDS.—Section 

12 435 of such Act (42 U.S.C. 629e) is amended— 

13 (1) in subsection (c)— 

14 (A) in paragraph (1), by striking ‘‘and’’ 

15 after the semicolon; 

16 (B) in paragraph (2), by striking the pe17 riod and inserting a semicolon; and 

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

19 ‘‘(3) $15,000,000 to award grants to States 

20 under subsection (f) for research and evaluations; 

21 and 

22 ‘‘(4) for each of fiscal years 2020 through 

23 2022, $5,000,000 for expenditures by the Secretary 

24 described in subsection (g).’’; and 

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


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1 ‘‘(f) GRANTS TO STATES FOR RESEARCH AND EVAL2 UATIONS.— 

3 ‘‘(1) AUTHORITY TO AWARD GRANTS.— 

4 ‘‘(A) IN GENERAL.—The Secretary shall 

5 award grants to States to carry out State-di6 rected research and evaluations. 

7 ‘‘(B) APPLICATIONS.—To be eligible for a 

8 grant under this subsection, a State shall sub9 mit to the Secretary an application at such 

10 time, in such manner, and containing such in11 formation as the Secretary may require. 

12 ‘‘(2) REQUIREMENTS.—States awarded grants 

13 under this subsection shall agree to do the following: 

14 ‘‘(A) USE OF FUNDS.—To use the grant 

15 funds to carry out 1 or more of the following 

16 activities in collaboration with nonprofit organi17 zations and educational institutions: 

18 ‘‘(i) Researching and evaluating cul19 turally appropriate interventions to 

20 strengthen families and prevent children 

21 and youth from entering or re-entering fos22 ter care. 

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1 ising, supported, or well-supported prac2 tices specified in section 471(e)(4)(C). 

3 ‘‘(iii) Developing and evaluating kin4 ship navigator model programs, including 

5 for purposes of determining if any such 

6 program is, or with specific modifications 

7 may be, operated in a way that meet the 

8 requirements for promising, supported, or 

9 well-supported practices specified in section 

10 471(e)(4)(C). 

11 ‘‘(iv) Developing or implementing pro12 grams or activities for 1 or more of the fol13 lowing purposes: 

14 ‘‘(I) To combat intergenerational 

15 poverty. 

16 ‘‘(II) To prevent youth from re17 entering foster care and from aging 

18 out of foster care. 

19 ‘‘(III) To improve the quality of 

20 services for birth parents and relatives 

21 of children and youth in foster care or 

22 at risk of entering or re-entering fos23 ter care. 


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1 ‘‘(IV) To increase community en2 gagement and decision-making in 

3 child protection services. 

4 ‘‘(V) To improve service delivery 

5 and community response for youth 

6 victims of labor or sex trafficking. 

7 ‘‘(VI) To support children, youth, 

8 and families of color and others who 

9 experience disproportionate represen10 tation and disparities with respect to 

11 the provision of child welfare services. 

12 ‘‘(B) EVALUATION AND REPORT.—To 

13 evaluate the effectiveness of the activities car14 ried out with grant funds (or participate in an 

15 evaluation by the Secretary of such activities) 

16 and to submit a report to the Secretary on the 

17 results of the evaluation that contains such in18 formation as the Secretary may require. 

19 ‘‘(g) ACCELERATING IDENTIFICATION AND AP20 PROVAL OF EVIDENCE-BASED PREVENTION PRACTICES

21 AND WORKFORCE DEVELOPMENT BEST PRACTICES.— 

22 For purposes of subsection (c)(4), the expenditures by the 

23 Secretary described in this subsection are the following: 

24 ‘‘(1) Expenditures for evaluations of program 

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1 fare agencies, for purposes of identifying program 

2 models and activities that meet, or with specific 

3 modifications would meet, the requirements for 

4 promising, supported, or well-supported practices 

5 specified in section 471(e)(4)(C). 

6 ‘‘(2) Expenditures to accelerate the implemen7 tation of the clearinghouse of promising, supported, 

8 and well-supported practices established under sec9 tion 476(d)(2). 

10 ‘‘(3) Expenditures for research, identification, 

11 and dissemination of best practices for developing 

12 and sustaining a high quality child welfare case13 worker workforce. 

14 ‘‘(4) Expenditures for administrative costs at15 tributable to carrying out this subsection, but only 

16 to the extent such costs do not exceed 5 percent of 

17 the amount reserved in subsection (c)(4).’’. 

18 SEC. 107. INCREASED FUNDING FOR REGIONAL PARTNER19 SHIP GRANTS. 

20 (a) INCREASED RESERVATION OF FUNDS.—Section 

21 436(b)(5) of the Social Security Act (42 U.S.C. 

22 629f(b)(5)) is amended by striking ‘‘through 2021’’ and 

23 inserting ‘‘through 2019 and $60,000,000 for each of fis24 cal years 2020 through 2021’’. 


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1 (b) TECHNICAL AMENDMENT.—Section 437(c)(2) of 

2 such Act (42 U.S.C. 629g(c)(2)) is amended by striking 

3 ‘‘subection’’ and inserting ‘‘subsection’’. 

4 TITLE II—SUPPORT FOR MEET5 ING THE REQUIREMENTS OF 

6 THE FAMILY FIRST PREVEN7 TION SERVICES ACT 

8 SEC. 201. DELAY OF 50 PERCENT WELL-SUPPORTED PRE9 VENTION PRACTICES REQUIREMENT. 

10 Section 474(a)(6)(A)(ii) of the Social Security Act 

11 (42 U.S.C. 674(a)(6)(A)(ii)) is amended by striking ‘‘for 

12 a fiscal year’’ and inserting ‘‘for any fiscal year after fiscal 

13 year 2026’’. 

14 SEC. 202. TEMPORARY ADDITIONAL FUNDING FOR FOSTER 

15 PARENT RECRUITMENT AND INCREASING 

16 QUALITY FAMILY AND RESIDENTIAL CARE 

17 SETTINGS. 

18 Section 436 of the Social Security Act (42 U.S.C. 

19 629f) is amended by adding at the end the following: 

20 ‘‘(d) TEMPORARY ADDITIONAL FUNDING FOR FOS21 TER PARENT RECRUITMENT AND INCREASING QUALITY

22 FAMILY AND RESIDENTIAL CARE SETTINGS.— 

23 ‘‘(1) APPROPRIATION.— 

24 ‘‘(A) IN GENERAL.—In addition to any 

25 amounts otherwise made available to carry out 


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1 this subpart, out of any money in the Treasury 

2 of the United States not otherwise appro3 priated, there are appropriated $75,000,000 for 

4 each of fiscal years 2020 through 2021. 

5 ‘‘(B) RESERVATION OF FUNDS.—The Sec6 retary shall reserve 3 percent of the amounts 

7 appropriated under subparagraph (A) for a fis8 cal year for allotment to Indian tribes or tribal 

9 consortia under paragraph (2)(A). 

10 ‘‘(2) ALLOTMENTS TO STATES AND INDIAN

11 TRIBES OR TRIBAL CONSORTIA.— 

12 ‘‘(A) INDIAN TRIBES OR TRIBAL CON13 SORTIA.—From the amounts reserved under 

14 paragraph (1)(B) for a fiscal year, the Sec15 retary shall allot to each Indian tribe or tribal 

16 consortia with a plan approved under this sub17 part an amount determined in the same manner 

18 as amounts are allotted to Indian tribes or trib19 al consortia under section 433(a). 

20 ‘‘(B) STATES.—From the amounts appro21 priated under paragraph (1)(A) for a fiscal year 

22 that remain after applying subparagraph (A) of 

23 this paragraph, the Secretary shall allot— 

24 ‘‘(i) to each of the jurisdictions of 

25 Puerto Rico, Guam, the Virgin Islands, the 


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1 Northern Mariana Islands, and American 

2 Samoa, an amount determined in the same 

3 manner as the allotment to each of such 

4 jurisdictions is determined under section 

5 433(b); and 

6 ‘‘(ii) to each State other than an In7 dian tribe or a jurisdiction specified in 

8 clause (i), an amount determined in the 

9 same manner as the allotment to each such 

10 State is determined under section 433(c). 

11 ‘‘(3) USE OF FUNDS.—States and Indian tribes 

12 or tribal consortia shall use the allotments made 

13 under paragraph (2) for 1 or more of the following 

14 purposes: 

15 ‘‘(A) To increase the recruitment, training, 

16 and retention of foster parents, particularly, 

17 foster parents for special populations such as 

18 sibling groups, children and youth with special 

19 physical or behavioral health needs, infants pre20 natally exposed to substances, medically fragile 

21 children, adolescent and teen populations, older 

22 youth, and victims of sex trafficking, including 

23 through costs attributable to training on child 

24 development, child trauma, and caring for chil25 dren with special health care needs. 


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1 ‘‘(B) To improve State capacity to offer 

2 therapeutic treatment foster family homes with 

3 well-trained and well-supported caregivers, li4 censed residential family-based treatment facili5 ties for substance abuse that satisfy the re6 quirements of section 472(j), and placement 

7 settings described in section 472(k)(2), includ8 ing through costs attributable to meeting licens9 ing standards and the accreditation of pro10 grams and care settings, costs attributable to 

11 training on child development, child trauma, 

12 and caring for children with special health care 

13 needs and training for families of origin, adop14 tive families, and foster family home caregivers, 

15 and costs attributable to supporting a child’s 

16 transition to or from placement in a care set17 ting. 

18 ‘‘(C) To improve State implementation of 

19 plans required under section 422(b)(15) for the 

20 ongoing oversight and coordination of health 

21 care services for any child in a foster care, to 

22 better address the health needs of children in 

23 foster care and prevent placement disruption 

24 and foster parent turnover, including through 

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1 proved health data sharing and coordination ac2 tivities, and employing or contracting for pedia3 trician medical directors to serve within child 

4 welfare agencies who have expertise in child 

5 physical and mental health, child development, 

6 and child trauma. 

7 ‘‘(4) PAYMENT RULES.— 

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

9 that has a plan approved under section 432 and 

10 each Indian tribe or tribal consortia with a plan 

11 approved under this subpart shall be entitled to 

12 payment for a fiscal year of 100 percent of the 

13 amounts allotted to the State or Indian tribe or 

14 tribal consortia under paragraph (2) for the fis15 cal year. 

16 ‘‘(B) AVAILABILITY OF FUNDS.— 

17 ‘‘(i) IN GENERAL.—Amounts allotted 

18 to a State or Indian tribe or tribal con19 sortia under paragraph (2) for a fiscal 

20 year shall remain available for expenditure 

21 by the State or Indian tribe or tribal con22 sortia through the end of the third suc23 ceeding fiscal year. 

24 ‘‘(ii) AMOUNTS REDISTRIBUTED.— 

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1 able only through the end of the fiscal year 

2 in which such amounts are distributed. 

3 ‘‘(C) APPLICABILITY OF CERTAIN

4 RULES.—The rules of section 433(d) sub5 sections (c) and (d) of section 434 shall apply 

6 in like manner to the amounts allotted under 

7 paragraph (2) of this subsection. 

8 ‘‘(5) REPORT.— 

9 ‘‘(A) IN GENERAL.—Each State and In10 dian tribe or tribal consortia provided an allot11 ment under this subsection shall submit a re12 port to the Secretary, at such time, in such 

13 manner, and containing such information as the 

14 Secretary may require, on the activities carried 

15 out with the amounts allotted. 

16 ‘‘(B) INDIAN TRIBES AND TRIBAL CON17 SORTIA.—The Secretary may modify the report18 ing requirement under subparagraph (A) for an 

19 Indian tribe or tribal consortia in accordance 

20 with section 428(d).’’. 

21 SEC. 203. OVERPAYMENT GRACE PERIOD FOR WAIVER 

22 STATES WITH COUNTY-ADMINISTERED PRO23 GRAMS. 

24 Section 474(b) of the Social Security Act (42 U.S.C. 

25 674(b)) is amended by adding at the end the following: 


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1 ‘‘(5) OVERPAYMENT GRACE PERIOD OPTION FOR

2 CERTAIN STATES.—In the case of any State conducting 

3 a demonstration project under section 1130 that is sched4 uled to terminate on September 30, 2019, and that is ad5 ministered by 1 or more political subdivisions of the State, 

6 the State may enter into an agreement with the Secretary 

7 under which— 

8 ‘‘(A) the State shall agree to make payments 

9 for each quarter of fiscal year 2020 to each such po10 litical subdivision of the State for the amount the 

11 political subdivision estimates will be expended for 

12 foster care maintenance payments and administra13 tive expenditures attributable to the provision of 

14 such payments for the quarter solely on the basis of 

15 estimates and without requiring the political subdivi16 sion to submit an invoice or claim based on actual 

17 expenditures until after the quarter has ended; 

18 ‘‘(B) the Secretary shall agree to not reduce 

19 any quarterly payment made to the State during fis20 cal year 2020 or 2021 to the extent of any overpay21 ment which the Secretary determines was made 

22 under this section to such State for any prior quar23 ter of any fiscal year; and 

24 ‘‘(C) the Secretary shall recover any overpay25 ments deferred under subparagraph (B) to quarters 


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1 beginning on or after October 1, 2021, on the basis 

2 of such terms as the Secretary and the State shall 

3 agree.’’. 

4 SEC. 204. PRE-APPROVAL AUTHORITY FOR PROGRAMS 

5 WITH PROMISING, SUPPORTED, OR WELL6 SUPPORTED PRACTICES. 

7 Section 471(e)(4)(D)(i) of the Social Security Act (42 

8 U.S.C. 671(e)(4)(D)(i)) is amended by adding at the end 

9 the following: ‘‘The fact that a service or program is not 

10 included on any such pre-approved list shall not prohibit 

11 a State from receiving payments under section 474(a)(6) 

12 for the provision of services or programs specified in sub13 paragraph (A) or (B) of paragraph (1) of this subsection 

14 that meet the applicable criteria specified for such prac15 tices in subparagraph (C) of this paragraph, or for which 

16 payment is available under section 474(a)(7).’’. 

17 TITLE III—MISCELLANEOUS 

18 PROVISIONS 

19 SEC. 301. ADDITIONAL RESOURCES FOR THE CHILD WEL20 FARE COURT IMPROVEMENT PROGRAM. 

21 (a) INCREASED FUNDING.—Section 436(b)(2) of the 

22 Social Security Act (42 U.S.C. 629f(b)(2)) is amended by 

23 striking ‘‘$30,000,000’’ and inserting ‘‘$60,000,000’’. 

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

25 (42 U.S.C. 629h) is amended— 


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1 (1) in subsection (a)— 

2 (A) in paragraph (2)— 

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

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

5 ‘‘, as set forth’’; and 

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

7 the semicolon and inserting ‘‘, including by 

8 training judges, attorneys, and other legal 

9 personnel.’’; and 

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

11 (2) in subsection (b)— 

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

13 (B) by striking all that precedes ‘‘be eligi14 ble to receive’’ and inserting the following: 

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

16 (i) in the matter preceding paragraph 

17 (2)— 

18 (I) by moving the matter 2 ems 

19 to the left; 

20 (II) in subparagraph (A)— 

21 (aa) by striking ‘‘(A) in the 

22 case of a grant for the purpose 

23 described in subsection (a)(3),’’ 

24 and inserting ‘‘(1)’’; and 


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1 (bb) by inserting ‘‘use not 

2 less than 30 percent of grant 

3 funds to’’ before ‘‘collaborate’’; 

4 (III) in subparagraph (B), by 

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

6 for the purpose described in sub7 section (a)(4),’’ and inserting ‘‘(2)’’; 

8 and 

9 (IV) in subparagraph (C), by 

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

11 for the purpose described in sub12 section (a),’’ and inserting ‘‘(3)’’; and 

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

14 following: 

15 ‘‘(c) AMOUNT OF GRANT.— 

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

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

18 year, each highest State court that has an applica19 tion approved under this section for the fiscal year 

20 shall be entitled to payment of an amount equal to 

21 the sum of— 

22 ‘‘(A) $255,000; and 

23 ‘‘(B) the amount described in paragraph 

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


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1 ‘‘(2) AMOUNT DESCRIBED.—The amount de2 scribed in this paragraph with respect to a court and 

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

4 to the total of the amounts reserved under sections 

5 436(b)(2) and 437(b)(2) for grants under this sec6 tion for the fiscal year (after applying paragraphs 

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

8 individuals in the State in which the court is located 

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

10 total number of such individuals in all States with 

11 a highest State court that has an approved applica12 tion under this section for the fiscal year. 

13 ‘‘(3) INDIAN TRIBES.—From the amounts re14 served under section 436(b)(2) for a fiscal year, the 

15 Secretary shall, before applying paragraph (1) of 

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

17 awarded on a competitive basis among the highest 

18 courts of Indian tribes or tribal consortia that— 

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

20 E, in accordance with section 479B; 

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

22 under part E and have received an implementa23 tion grant under section 476; or 

24 ‘‘(C) have a court responsible for pro25 ceedings related to foster care or adoption.’’. 


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

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

3 (1) in paragraph (1)— 

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

5 after the semicolon; and 

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

7 ‘‘and’’ after the semicolon; and 

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

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

10 ‘‘State’’. 

11 SEC. 302. ADDITIONAL RESOURCES AND IMPROVEMENTS 

12 FOR TRIBAL CHILD WELFARE PROGRAMS. 

13 (a) MINIMUM GRANT ELIGIBILITY THRESHOLD RE14 PLACED WITH MINIMUM GRANT AMOUNT.— 

15 (1) ELIMINATION OF MINIMUM GRANT ELIGI16 BILITY THRESHOLD.—Section 432(b)(2) of the So17 cial Security Act (42 U.S.C. 629b(b)(2)) is amended 

18 by striking subparagraph (B). 

19 (2) MINIMUM GRANT AMOUNT.—Section 433(a) 

20 of such Act (42 U.S.C. 629c(a)) is amended to read 

21 as follows: 

22 ‘‘(a) INDIAN TRIBES OR TRIBAL CONSORTIA.— 

23 ‘‘(1) INDIAN TRIBES.— 

24 ‘‘(A) IN GENERAL.—From the amount re25 served pursuant to section 436(b)(3) for any 


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1 fiscal year, the Secretary shall allot to each In2 dian tribe with a plan approved under this sub3 part— 

4 ‘‘(i) $10,000; plus 

5 ‘‘(ii) an amount that bears the same 

6 ratio to the adjusted reserved amount as 

7 the number of children in the Indian tribe 

8 bears to the total number of children in all 

9 Indian tribes with State plans so approved, 

10 as determined by the Secretary on the 

11 basis of the most current and reliable in12 formation available to the Secretary. 

13 ‘‘(B) ADJUSTED RESERVE AMOUNT.—In 

14 subparagraph (A), the term ‘adjusted reserved 

15 amount’ means, with respect to a fiscal year— 

16 ‘‘(i) the amount reserved pursuant to 

17 section 436(b)(3) for the fiscal year; minus 

18 ‘‘(ii) the product of— 

19 ‘‘(I) $10,000; and 

20 ‘‘(II) the number of Indian tribes 

21 to which an allotment is made under 

22 this subsection for the fiscal year. 

23 ‘‘(2) TRIBAL CONSORTIA.—If a consortium of 

24 Indian tribes submits a plan approved under this 

25 subpart, the Secretary shall allot to the consortium 


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1 an amount equal to the sum of the allotments deter2 mined for each Indian tribe that is part of the con3 sortium.’’. 

4 (b) INCREASE IN THE TRIBAL SET-ASIDE OF MAN5 DATORY FUNDING TO PROMOTE SAFE AND STABLE FAM6 ILIES FUNDING.—Section 436(b)(3) of the Social Security 

7 Act (42 U.S.C. 629f(b)(3)) is amended by striking ‘‘After 

8 applying paragraphs (4) and (5) (but before applying 

9 paragraphs (1) or (2)), the Secretary shall reserve 3 per10 cent’’ and inserting ‘‘The Secretary shall reserve 4.5 per11 cent’’. 

12 (c) AUTHORITY TO USE FUNDS TO FACILITATE AND

13 SUPPORT TRIBAL CUSTOMARY ADOPTIONS.—Section 

14 432(b)(2) of the Social Security Act (42 U.S.C. 

15 629b(b)(2)), as amended by subsection (a)(1), is amended 

16 by adding at the end the following: 

17 ‘‘(B) AUTHORITY TO USE FUNDS FOR

18 TRIBAL CUSTOMARY ADOPTIONS.—An Indian 

19 tribe or tribal consortium may use amounts 

20 provided under this part to facilitate and sup21 port tribal customary adoptions.’’. 

22 (d) STREAMLINING OF APPLICATION AND REPORT23 ING REQUIREMENTS.— 


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1 (1) APPLICATION REQUIREMENTS.—Section 

2 432(b)(2)(A) of the Social Security Act (42 U.S.C. 

3 629b(b)(2)(A)) is amended— 

4 (A) by striking ‘‘subsection (a)(4) of this 

5 section’’ and inserting ‘‘paragraphs (2), (4), 

6 and (5) of subsection (a)’’; and 

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

8 ‘‘The Secretary shall exempt a plan of an In9 dian tribe or tribal consortium from the re10 quirements of paragraphs (2) and (5) of sub11 section (a) for a fiscal year if the total amount 

12 provided to the Indian tribe or tribal consor13 tium under this subpart for the fiscal year is 

14 less than $50,000. If the Secretary exempts a 

15 plan of an Indian tribe or tribal consortium 

16 from a requirement of paragraph (2) or (5) of 

17 subsection (a), the Indian tribe or tribal consor18 tium may provide the Secretary with the rel19 evant information in a streamlined form.’’. 

20 (2) REPORTING REQUIREMENTS.—Section 428 

21 of such Act (42 U.S.C. 628) is amended by adding 

22 at the end the following: 

23 ‘‘(d) AUTHORITY TO STREAMLINE REPORTING RE24 QUIREMENTS.—The Secretary may modify any reporting 

25 requirement imposed by or under this part on an Indian 


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1 tribe, tribal organization, or tribal consortium, as the Sec2 retary deems appropriate, taking into account the re3 sources, needs, and other circumstances of the Indian 

4 tribe, tribal organization, or tribal consortium.’’. 

5 (e) USE OF IN-KIND EXPENDITURES TO MEET

6 TRIBAL MATCHING RATE UNDER THE STEPHANIE TUBBS

7 JONES CHILD WELFARE SERVICES PROGRAM.—Section 

8 428 of the Social Security Act (42 U.S.C. 628), as amend9 ed by subsection (e)(2), is amended by adding at the end 

10 the following: 

11 ‘‘(e) USE OF IN-KIND EXPENDITURES TO MEET

12 MATCHING RATE.—In determining the amount expended 

13 by an Indian tribe for activities under this subpart, the 

14 Secretary may take into account in-kind expenditures of 

15 the Indian tribe.’’. 

16 (f) AUTHORITY OF INDIAN TRIBAL ORGANIZATION

17 TO ELECT TO SUBSTITUTE THE FEDERAL NEGOTIATED

18 INDIRECT COST RATE FOR ADMINISTRATIVE COSTS

19 CAP.—Section 428 of the Social Security Act (42 U.S.C. 

20 628), as amended by subsections (e)(2) and (f), is amend21 ed by adding at the end the following: 

22 ‘‘(f) TRIBAL AUTHORITY TO SUBSTITUTE THE FED23 ERAL NEGOTIATED INDIRECT COST RATE FOR ADMINIS24 TRATIVE COSTS CAP.—For purposes of sections 

25 422(b)(14) and 424(e), an Indian tribal organization may 


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1 elect to have the weighted average of the indirect cost 

2 rates in effect under part 225 of title 2, Code of Federal 

3 Regulations (OMB Circular A–87) with respect to the ad4 ministrative costs of the Indian tribal organization apply 

5 in lieu of the percentage specified in each such section.’’. 

6 SEC. 303. EFFECTIVE DATE. 

7 (a) IN GENERAL.—Except as provided in subsections 

8 (b) and (c), the amendments made by this Act take effect 

9 on October 1, 2019. 

10 (b) IN GENERAL.—In the case of a State plan under 

11 part B or E of title IV of the Social Security Act which 

12 the Secretary of Health and Human Services determines 

13 requires State legislation (other than legislation appro14 priating funds) in order for the plan to meet the additional 

15 requirements imposed by the amendments made by this 

16 Act, the State plan shall not be regarded as failing to com17 ply with the requirements of such part solely on the basis 

18 of the failure of the plan to meet such additional require19 ments before the first day of the first calendar quarter 

20 beginning after the close of the first regular session of the 

21 State legislature that begins after the date of enactment 

22 of this Act. For purposes of the previous sentence, in the 

23 case of a State that has a 2-year legislative session, each 

24 year of the session shall be deemed to be a separate reg25 ular session of the State legislature. 


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1 (c) APPLICATION TO PROGRAMS OPERATED BY IN2 DIAN TRIBAL ORGANIZATIONS.—In the case of an Indian 

3 tribe, tribal organization, or tribal consortium which the 

4 Secretary of Health and Human Services determines re5 quires time to take action necessary to comply with the 

6 additional requirements imposed by the amendments made 

7 by this Act (whether the tribe, organization, or tribal con8 sortium has a plan under section 479B of the Social Secu9 rity Act or a cooperative agreement or contract entered 

10 into with a State), the Secretary shall provide the tribe, 

11 organization, or tribal consortium with such additional 

12 time as the Secretary determines is necessary for the tribe, 

13 organization, or tribal consortium to take the action to 

14 comply with the additional requirements before being re15 garded as failing to comply with the requirements. 

Æ 


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