I 
116TH CONGRESS 
1ST SESSION H. R. 2702 
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 Serv-
ices Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 14, 2019 
Ms. BASS (for herself, Mr. BACON, Mrs. LAWRENCE, Ms. HAALAND, and Mr. 
LANGEVIN) introduced the following bill; which was referred to the Com-
mittee on Ways and Means 
A BILL 
To amend parts B and E of title IV of the Social Security 
Act to eliminate barriers to providing child welfare serv-
ices for children and youth in need, to provide additional 
resources to implement programmatic changes necessary 
to meet the requirements of the Family First Prevention 
Services Act, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Family First Transition and Support Act of 2019’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—ELIMINATING BARRIERS TO PROVIDING CHILD 
WELFARE SERVICES FOR CHILDREN IN NEED 
Sec. 101. Elimination of the AFDC eligibility requirement for foster care main-
tenance 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 sup-
port 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 preven-
tion 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 in-
creasing 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 pro-
gram. 
Sec. 302. Additional resources and improvements for tribal child welfare pro-
grams. 
Sec. 303. Effective date. 
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TITLE 
I—ELIMINATING 
BAR-
RIERS TO PROVIDING CHILD 
WELFARE 
SERVICES 
FOR 
CHILDREN IN NEED 
SEC. 101. ELIMINATION OF THE AFDC ELIGIBILITY RE-
QUIREMENT FOR FOSTER CARE MAINTE-
NANCE PAYMENTS FOR CHILDREN PLACED 
IN A FOSTER FAMILY HOME. 
(a) IN GENERAL.—Section 472(a) of the Social Secu-
rity Act (42 U.S.C. 672(a)) is amended— 
(1) in paragraph (1), in the matter preceding 
subparagraph (A), by striking ‘‘Each State’’ and in-
serting ‘‘Subject to paragraph (5), each State’’; and 
(2) by adding at the end the following: 
‘‘(5) ELIMINATION OF THE AFDC ELIGIBILITY 
REQUIREMENT FOR CHILDREN PLACED IN A FOSTER 
FAMILY
HOME.—Beginning October 1, 2019, the 
AFDC eligibility requirement of paragraph (3) shall 
no longer apply with respect to a child who has been 
removed from the home of a relative or a caretaker 
into foster care and placed in a foster family home. 
On and after such date, each State with a plan ap-
proved under this part shall make foster care main-
tenance payments on behalf of each child who has 
been removed from the home of a relative or care-
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taker into foster care and placed in a foster family 
home (without regard to whether such removal and 
placement occurred before, on, or after October 1, 
2019), if the removal and foster care placement met, 
and continues to meet, the requirements of para-
graph (2).’’. 
(b) REINVESTMENT OF SAVINGS.—Section 472 of 
such Act is amended by adding at the end the following: 
‘‘(l) REINVESTMENT
OF
SAVINGS
FROM
ELIMI-
NATION OF THE AFDC ELIGIBILITY REQUIREMENT.— 
‘‘(1) 
SPENDING
REQUIREMENT.—Beginning 
with fiscal year 2021, a State shall spend an amount 
equal to the amount of savings (if any) in State ex-
penditures under this part for the preceding fiscal 
year resulting from the amendments made by section 
101(a) of the Family First Transition and Support 
Act of 2019 (eliminating the AFDC eligibility re-
quirement for children placed in a foster family 
home) to provide children or families any service 
that may be provided under this part or part B. In 
the case of a State in which the State plans under 
this part and part B are administered by 1 or more 
political subdivisions of the State, the State shall 
distribute such savings (if any) determined for a fis-
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cal year among the political subdivisions of the State 
administering such State plans. 
‘‘(2) DETERMINATION OF SAVINGS.— 
‘‘(A) IN GENERAL.—A State shall calculate 
the savings (if any) for a fiscal year for pur-
poses of meeting the requirement of paragraph 
(1), using a methodology specified by the Sec-
retary or an alternate methodology proposed by 
the State and approved by the Secretary. 
‘‘(B) REPORT.—A State shall annually re-
port to the Secretary— 
‘‘(i) the methodology used to make the 
calculation described in subparagraph (A), 
without regard to whether any savings are 
found; 
‘‘(ii) the amount of any savings re-
ferred to in subparagraph (A); 
‘‘(iii) how any such savings are spent, 
accounting for and reporting the spending 
separately from any other spending re-
ported to the Secretary under part B or 
this part; and 
‘‘(iv) in the case of a State in which 
the State plans under this part and part B 
are administered by 1 or more political 
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subdivisions of the State, the proportion of 
such savings that were distributed to polit-
ical subdivisions of the State. 
‘‘(C) PUBLICLY
AVAILABLE.—The Sec-
retary shall make all information reported pur-
suant to subparagraph (B) available on the 
website of the Department of Health and 
Human Services in a location easily accessible 
to the public. 
‘‘(3) SUPPLEMENT, NOT SUPPLANT.—Any State 
spending required under paragraph (1) shall be used 
to supplement, and not supplant, any Federal or 
non-Federal funds used to provide any service under 
part B or this part.’’. 
SEC. 102. INCREASED FUNDING FOR PROMOTING SAFE AND 
STABLE FAMILIES. 
Section 436(a) of the Social Security Act (42 U.S.C. 
629f(a)) is amended by striking ‘‘through 2021’’ and in-
serting ‘‘through 2019, and $665,000,000 for each of fis-
cal years 2020 through 2021’’. 
SEC. 
103. 
PROMOTING 
SAFE 
AND 
STABLE 
FAMILIES 
THROUGH KINSHIP PLACEMENT SUPPORT 
SERVICES PROGRAMS. 
(a) ADDITION OF KINSHIP PLACEMENT SUPPORT 
SERVICES TO THE PROMOTING SAFE AND STABLE FAMI-
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LIES PROGRAM.—Section 431(a) of the Social Security 
Act (42 U.S.C. 629a(a)) is amended by adding at the end 
the following: 
‘‘(10) KINSHIP
PLACEMENT
SUPPORT
SERV-
ICES.— 
‘‘(A) IN
GENERAL.—The term ‘kinship 
placement support services’ means the services 
and activities described in subparagraph (B) 
that are provided on behalf of children and 
youth in kinship care arrangements who are in, 
or at risk of entering or re-entering, foster care. 
‘‘(B) 
SERVICES
AND
ACTIVITIES
DE-
SCRIBED.—The services and activities described 
in this subparagraph are the following: 
‘‘(i) Crisis stabilization services, in-
cluding case management services designed 
to stabilize families in crisis such as trans-
portation, assistance with housing and util-
ity payments, and access to adequate 
health care, child care assistance, and es-
tablishing a kinship placement crisis sta-
bilization fund for purposes of making di-
rect cash payments to kin caregivers for 
immediate needs of children placed with 
such caregivers in order to facilitate kin-
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ship placements and prevent the entry of 
children into foster care. 
‘‘(ii) Family finding, including inten-
sive family-finding efforts that utilize 
search technology to find biological family 
members for children in, or at risk of en-
tering, foster care. 
‘‘(iii) Re-establishing family relation-
ships and supporting family group deci-
sion-making. 
‘‘(iv) Other assistance or services re-
lated to strengthening and supporting kin-
ship families to improve the well-being of 
children and their kin caregivers, includ-
ing, if requested, assistance in becoming a 
licensed foster family home.’’. 
(b) MAINTENANCE
OF EFFORT REQUIREMENT.— 
Section 432(a)(7) of such Act (42 U.S.C. 629b(a)(7)) is 
amended— 
(1) in subparagraph (A)— 
(A) by striking ‘‘assurances that Federal 
funds’’ and inserting ‘‘assurances that— 
‘‘(i) Federal funds’’; and 
(B) by adding at the end the following: 
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‘‘(ii) the total amount of State expendi-
tures made for fiscal year 2020 and each fiscal 
year thereafter to support kinship placements 
shall not be less than the total amount of such 
expenditures made for fiscal year 2019; and’’; 
and 
(2) in subparagraph (B), by inserting ‘‘and 
spending requirements’’ after ‘‘prohibition’’. 
(c) CONFORMING AMENDMENTS.— 
(1) Section 430 of such Act (42 U.S.C. 629) is 
amended— 
(A) in the matter preceding paragraph (1), 
by inserting ‘‘kinship placement support serv-
ices,’’ after ‘‘family reunification services,’’; 
(B) by redesignating paragraphs (3) and 
(4) as paragraphs (4) and (5), respectively; and 
(C) by inserting after paragraph (2), the 
following: 
‘‘(3) To support kinship placements to maintain 
family connections while ensuring the safety and 
well-being of children and youth and the well-being 
of their kin caregivers.’’. 
(2) Paragraphs (4) and (5) of section 432(a) of 
such Act (42 U.S.C. 629b(a)) are each amended by 
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inserting ‘‘kinship placement support services,’’ after 
‘‘family reunification services,’’. 
SEC. 104. USING FAMILY PRESERVATION SERVICES TO STA-
BILIZE FAMILIES IN CRISIS. 
Section 431(a)(1) of the Social Security Act (42 
U.S.C. 629a(a)(1)) is amended— 
(1) in subparagraph (E), by striking ‘‘and’’ 
after the semicolon; 
(2) in subparagraph (F), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(G) case management services designed to 
stabilize families in crisis such as transpor-
tation, assistance with housing and utility pay-
ments, and access to adequate health care.’’. 
SEC. 105. MORE FUNDING AND TRAINING FOR CASE-
WORKER DEVELOPMENT. 
(a) INCREASED RESERVATION OF FUNDS.—Section 
436(b)(4)(A) of the Social Security Act (42 U.S.C. 
629f(b)(4)(A)) is amended by striking ‘‘through 2021’’ 
and inserting ‘‘through 2019, and $50,000,000 for each 
of fiscal years 2020 through 2021’’. 
(b) USE OF FUNDS.—Section 436(b)(4)(B) of such 
Act (42 U.S.C. 629f(b)(4)(B)) is amended— 
(1) in clause (i)— 
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(A) by striking ‘‘the amount to improve’’ 
and inserting ‘‘the amount to— 
‘‘(I) improve’’; 
(B) by striking the period and inserting a 
semicolon; and 
(C) by adding at the end the following: 
‘‘(II) identify and reduce the im-
pact of vicarious trauma among case-
workers; and 
‘‘(III) provide caseworkers with 
training in best practices for directly 
working with families where a parent 
or another member of the family has 
a substance use disorder or behavioral 
health issue.’’; and 
(2) by adding at the end the following: 
‘‘(iii) DOCUMENTATION
OF
USE
OF 
FUNDS
FOR
CASEWORKER
DEVELOP-
MENT.—A State shall annually report to 
the Secretary, separately from any other 
spending reported to the Secretary under 
part E or this part, the amounts used by 
the State and how such amounts are ex-
pended for a fiscal year to meet the re-
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quirements of subclauses (II) and (III) of 
clause (i).’’. 
SEC. 106. FUNDING FOR EVALUATION AND IDENTIFICATION 
OF 
EVIDENCE-BASED 
PREVENTION 
PRAC-
TICES. 
(a) INCREASED RESERVATION OF FUNDS.—Section 
436(b)(1) of the Social Security Act (42 U.S.C. 
629f(b)(1)) is amended, in the matter preceding subpara-
graph (A), by striking ‘‘$6,000,000’’ and inserting 
‘‘$26,000,000’’. 
(b) TARGETED RESERVATIONS OF FUNDS.—Section 
435 of such Act (42 U.S.C. 629e) is amended— 
(1) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘and’’ 
after the semicolon; 
(B) in paragraph (2), by striking the pe-
riod and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(3) $15,000,000 to award grants to States 
under subsection (f) for research and evaluations; 
and 
‘‘(4) for each of fiscal years 2020 through 
2022, $5,000,000 for expenditures by the Secretary 
described in subsection (g).’’; and 
(2) by adding at the end the following: 
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‘‘(f) GRANTS TO STATES FOR RESEARCH AND EVAL-
UATIONS.— 
‘‘(1) AUTHORITY TO AWARD GRANTS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
award grants to States to carry out State-di-
rected research and evaluations. 
‘‘(B) APPLICATIONS.—To be eligible for a 
grant under this subsection, a State shall sub-
mit to the Secretary an application at such 
time, in such manner, and containing such in-
formation as the Secretary may require. 
‘‘(2) REQUIREMENTS.—States awarded grants 
under this subsection shall agree to do the following: 
‘‘(A) USE OF FUNDS.—To use the grant 
funds to carry out 1 or more of the following 
activities in collaboration with nonprofit organi-
zations and educational institutions: 
‘‘(i) Researching and evaluating cul-
turally 
appropriate 
interventions 
to 
strengthen families and prevent children 
and youth from entering or re-entering fos-
ter care. 
‘‘(ii) Developing programs and activi-
ties that meet the requirements for prom-
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ising, supported, or well-supported prac-
tices specified in section 471(e)(4)(C). 
‘‘(iii) Developing and evaluating kin-
ship navigator model programs, including 
for purposes of determining if any such 
program is, or with specific modifications 
may be, operated in a way that meet the 
requirements for promising, supported, or 
well-supported practices specified in section 
471(e)(4)(C). 
‘‘(iv) Developing or implementing pro-
grams or activities for 1 or more of the fol-
lowing purposes: 
‘‘(I) To combat intergenerational 
poverty. 
‘‘(II) To prevent youth from re- 
entering foster care and from aging 
out of foster care. 
‘‘(III) To improve the quality of 
services for birth parents and relatives 
of children and youth in foster care or 
at risk of entering or re-entering fos-
ter care. 
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‘‘(IV) To increase community en-
gagement 
and 
decision-making 
in 
child protection services. 
‘‘(V) To improve service delivery 
and community response for youth 
victims of labor or sex trafficking. 
‘‘(VI) To support children, youth, 
and families of color and others who 
experience disproportionate represen-
tation and disparities with respect to 
the provision of child welfare services. 
‘‘(B) 
EVALUATION
AND
REPORT.—To 
evaluate the effectiveness of the activities car-
ried out with grant funds (or participate in an 
evaluation by the Secretary of such activities) 
and to submit a report to the Secretary on the 
results of the evaluation that contains such in-
formation as the Secretary may require. 
‘‘(g) ACCELERATING
IDENTIFICATION
AND
AP-
PROVAL OF EVIDENCE-BASED PREVENTION PRACTICES 
AND WORKFORCE DEVELOPMENT BEST PRACTICES.— 
For purposes of subsection (c)(4), the expenditures by the 
Secretary described in this subsection are the following: 
‘‘(1) Expenditures for evaluations of program 
models, selected in consultation with State child wel-
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fare agencies, for purposes of identifying program 
models and activities that meet, or with specific 
modifications would meet, the requirements for 
promising, supported, or well-supported practices 
specified in section 471(e)(4)(C). 
‘‘(2) Expenditures to accelerate the implemen-
tation of the clearinghouse of promising, supported, 
and well-supported practices established under sec-
tion 476(d)(2). 
‘‘(3) Expenditures for research, identification, 
and dissemination of best practices for developing 
and sustaining a high quality child welfare case-
worker workforce. 
‘‘(4) Expenditures for administrative costs at-
tributable to carrying out this subsection, but only 
to the extent such costs do not exceed 5 percent of 
the amount reserved in subsection (c)(4).’’. 
SEC. 107. INCREASED FUNDING FOR REGIONAL PARTNER-
SHIP GRANTS. 
(a) INCREASED RESERVATION OF FUNDS.—Section 
436(b)(5) of the Social Security Act (42 U.S.C. 
629f(b)(5)) is amended by striking ‘‘through 2021’’ and 
inserting ‘‘through 2019 and $60,000,000 for each of fis-
cal years 2020 through 2021’’. 
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(b) TECHNICAL AMENDMENT.—Section 437(c)(2) of 
such Act (42 U.S.C. 629g(c)(2)) is amended by striking 
‘‘subection’’ and inserting ‘‘subsection’’. 
TITLE II—SUPPORT FOR MEET-
ING THE REQUIREMENTS OF 
THE FAMILY FIRST PREVEN-
TION SERVICES ACT 
SEC. 201. DELAY OF 50 PERCENT WELL-SUPPORTED PRE-
VENTION PRACTICES REQUIREMENT. 
Section 474(a)(6)(A)(ii) of the Social Security Act 
(42 U.S.C. 674(a)(6)(A)(ii)) is amended by striking ‘‘for 
a fiscal year’’ and inserting ‘‘for any fiscal year after fiscal 
year 2026’’. 
SEC. 202. TEMPORARY ADDITIONAL FUNDING FOR FOSTER 
PARENT 
RECRUITMENT 
AND 
INCREASING 
QUALITY FAMILY AND RESIDENTIAL CARE 
SETTINGS. 
Section 436 of the Social Security Act (42 U.S.C. 
629f) is amended by adding at the end the following: 
‘‘(d) TEMPORARY ADDITIONAL FUNDING FOR FOS-
TER PARENT RECRUITMENT AND INCREASING QUALITY 
FAMILY AND RESIDENTIAL CARE SETTINGS.— 
‘‘(1) APPROPRIATION.— 
‘‘(A) IN
GENERAL.—In addition to any 
amounts otherwise made available to carry out 
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this subpart, out of any money in the Treasury 
of the United States not otherwise appro-
priated, there are appropriated $75,000,000 for 
each of fiscal years 2020 through 2021. 
‘‘(B) RESERVATION OF FUNDS.—The Sec-
retary shall reserve 3 percent of the amounts 
appropriated under subparagraph (A) for a fis-
cal year for allotment to Indian tribes or tribal 
consortia under paragraph (2)(A). 
‘‘(2) ALLOTMENTS
TO
STATES
AND
INDIAN 
TRIBES OR TRIBAL CONSORTIA.— 
‘‘(A) INDIAN
TRIBES
OR
TRIBAL
CON-
SORTIA.—From the amounts reserved under 
paragraph (1)(B) for a fiscal year, the Sec-
retary shall allot to each Indian tribe or tribal 
consortia with a plan approved under this sub-
part an amount determined in the same manner 
as amounts are allotted to Indian tribes or trib-
al consortia under section 433(a). 
‘‘(B) STATES.—From the amounts appro-
priated under paragraph (1)(A) for a fiscal year 
that remain after applying subparagraph (A) of 
this paragraph, the Secretary shall allot— 
‘‘(i) to each of the jurisdictions of 
Puerto Rico, Guam, the Virgin Islands, the 
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Northern Mariana Islands, and American 
Samoa, an amount determined in the same 
manner as the allotment to each of such 
jurisdictions is determined under section 
433(b); and 
‘‘(ii) to each State other than an In-
dian tribe or a jurisdiction specified in 
clause (i), an amount determined in the 
same manner as the allotment to each such 
State is determined under section 433(c). 
‘‘(3) USE OF FUNDS.—States and Indian tribes 
or tribal consortia shall use the allotments made 
under paragraph (2) for 1 or more of the following 
purposes: 
‘‘(A) To increase the recruitment, training, 
and retention of foster parents, particularly, 
foster parents for special populations such as 
sibling groups, children and youth with special 
physical or behavioral health needs, infants pre-
natally exposed to substances, medically fragile 
children, adolescent and teen populations, older 
youth, and victims of sex trafficking, including 
through costs attributable to training on child 
development, child trauma, and caring for chil-
dren with special health care needs. 
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‘‘(B) To improve State capacity to offer 
therapeutic treatment foster family homes with 
well-trained and well-supported caregivers, li-
censed residential family-based treatment facili-
ties for substance abuse that satisfy the re-
quirements of section 472(j), and placement 
settings described in section 472(k)(2), includ-
ing through costs attributable to meeting licens-
ing standards and the accreditation of pro-
grams and care settings, costs attributable to 
training on child development, child trauma, 
and caring for children with special health care 
needs and training for families of origin, adop-
tive families, and foster family home caregivers, 
and costs attributable to supporting a child’s 
transition to or from placement in a care set-
ting. 
‘‘(C) To improve State implementation of 
plans required under section 422(b)(15) for the 
ongoing oversight and coordination of health 
care services for any child in a foster care, to 
better address the health needs of children in 
foster care and prevent placement disruption 
and foster parent turnover, including through 
consultation with pediatric medical experts, im-
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proved health data sharing and coordination ac-
tivities, and employing or contracting for pedia-
trician medical directors to serve within child 
welfare agencies who have expertise in child 
physical and mental health, child development, 
and child trauma. 
‘‘(4) PAYMENT RULES.— 
‘‘(A) NO MATCH REQUIRED.—Each State 
that has a plan approved under section 432 and 
each Indian tribe or tribal consortia with a plan 
approved under this subpart shall be entitled to 
payment for a fiscal year of 100 percent of the 
amounts allotted to the State or Indian tribe or 
tribal consortia under paragraph (2) for the fis-
cal year. 
‘‘(B) AVAILABILITY OF FUNDS.— 
‘‘(i) IN GENERAL.—Amounts allotted 
to a State or Indian tribe or tribal con-
sortia under paragraph (2) for a fiscal 
year shall remain available for expenditure 
by the State or Indian tribe or tribal con-
sortia through the end of the third suc-
ceeding fiscal year. 
‘‘(ii) 
AMOUNTS
REDISTRIBUTED.— 
Any amounts reallotted shall remain avail-
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able only through the end of the fiscal year 
in which such amounts are distributed. 
‘‘(C) 
APPLICABILITY
OF
CERTAIN 
RULES.—The rules of section 433(d) sub-
sections (c) and (d) of section 434 shall apply 
in like manner to the amounts allotted under 
paragraph (2) of this subsection. 
‘‘(5) REPORT.— 
‘‘(A) IN GENERAL.—Each State and In-
dian tribe or tribal consortia provided an allot-
ment under this subsection shall submit a re-
port to the Secretary, at such time, in such 
manner, and containing such information as the 
Secretary may require, on the activities carried 
out with the amounts allotted. 
‘‘(B) INDIAN
TRIBES
AND
TRIBAL
CON-
SORTIA.—The Secretary may modify the report-
ing requirement under subparagraph (A) for an 
Indian tribe or tribal consortia in accordance 
with section 428(d).’’. 
SEC. 203. OVERPAYMENT GRACE PERIOD FOR WAIVER 
STATES WITH COUNTY-ADMINISTERED PRO-
GRAMS. 
Section 474(b) of the Social Security Act (42 U.S.C. 
674(b)) is amended by adding at the end the following: 
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‘‘(5) OVERPAYMENT GRACE PERIOD OPTION
FOR 
CERTAIN STATES.—In the case of any State conducting 
a demonstration project under section 1130 that is sched-
uled to terminate on September 30, 2019, and that is ad-
ministered by 1 or more political subdivisions of the State, 
the State may enter into an agreement with the Secretary 
under which— 
‘‘(A) the State shall agree to make payments 
for each quarter of fiscal year 2020 to each such po-
litical subdivision of the State for the amount the 
political subdivision estimates will be expended for 
foster care maintenance payments and administra-
tive expenditures attributable to the provision of 
such payments for the quarter solely on the basis of 
estimates and without requiring the political subdivi-
sion to submit an invoice or claim based on actual 
expenditures until after the quarter has ended; 
‘‘(B) the Secretary shall agree to not reduce 
any quarterly payment made to the State during fis-
cal year 2020 or 2021 to the extent of any overpay-
ment which the Secretary determines was made 
under this section to such State for any prior quar-
ter of any fiscal year; and 
‘‘(C) the Secretary shall recover any overpay-
ments deferred under subparagraph (B) to quarters 
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beginning on or after October 1, 2021, on the basis 
of such terms as the Secretary and the State shall 
agree.’’. 
SEC. 204. PRE-APPROVAL AUTHORITY FOR PROGRAMS 
WITH PROMISING, SUPPORTED, OR WELL- 
SUPPORTED PRACTICES. 
Section 471(e)(4)(D)(i) of the Social Security Act (42 
U.S.C. 671(e)(4)(D)(i)) is amended by adding at the end 
the following: ‘‘The fact that a service or program is not 
included on any such pre-approved list shall not prohibit 
a State from receiving payments under section 474(a)(6) 
for the provision of services or programs specified in sub-
paragraph (A) or (B) of paragraph (1) of this subsection 
that meet the applicable criteria specified for such prac-
tices in subparagraph (C) of this paragraph, or for which 
payment is available under section 474(a)(7).’’. 
TITLE III—MISCELLANEOUS 
PROVISIONS 
SEC. 301. ADDITIONAL RESOURCES FOR THE CHILD WEL-
FARE COURT IMPROVEMENT PROGRAM. 
(a) INCREASED FUNDING.—Section 436(b)(2) of the 
Social Security Act (42 U.S.C. 629f(b)(2)) is amended by 
striking ‘‘$30,000,000’’ and inserting ‘‘$60,000,000’’. 
(b) PROGRAM CHANGES.—Section 438 of such Act 
(42 U.S.C. 629h) is amended— 
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(1) in subsection (a)— 
(A) in paragraph (2)— 
(i) in subparagraph (A), by inserting 
‘‘in a timely and complete manner’’ before 
‘‘, as set forth’’; and 
(ii) in subparagraph (C), by striking 
the semicolon and inserting ‘‘, including by 
training judges, attorneys, and other legal 
personnel.’’; and 
(B) by striking paragraphs (3) and (4); 
(2) in subsection (b)— 
(A) by striking paragraph (2); and 
(B) by striking all that precedes ‘‘be eligi-
ble to receive’’ and inserting the following: 
‘‘(b) APPLICATIONS.—In order to’’; and 
(i) in the matter preceding paragraph 
(2)— 
(I) by moving the matter 2 ems 
to the left; 
(II) in subparagraph (A)— 
(aa) by striking ‘‘(A) in the 
case of a grant for the purpose 
described in subsection (a)(3),’’ 
and inserting ‘‘(1)’’; and 
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(bb) by inserting ‘‘use not 
less than 30 percent of grant 
funds to’’ before ‘‘collaborate’’; 
(III) in subparagraph (B), by 
striking ‘‘(B) in the case of a grant 
for the purpose described in sub-
section (a)(4),’’ and inserting ‘‘(2)’’; 
and 
(IV) in subparagraph (C), by 
striking ‘‘(C) in the case of a grant 
for the purpose described in sub-
section (a),’’ and inserting ‘‘(3)’’; and 
(3) by striking subsection (c) and inserting the 
following: 
‘‘(c) AMOUNT OF GRANT.— 
‘‘(1) IN GENERAL.—From the amounts reserved 
under sections 436(b)(2) and 437(b)(2) for a fiscal 
year, each highest State court that has an applica-
tion approved under this section for the fiscal year 
shall be entitled to payment of an amount equal to 
the sum of— 
‘‘(A) $255,000; and 
‘‘(B) the amount described in paragraph 
(2) with respect to the court and the fiscal year. 
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‘‘(2) AMOUNT
DESCRIBED.—The amount de-
scribed in this paragraph with respect to a court and 
a fiscal year is the amount that bears the same ratio 
to the total of the amounts reserved under sections 
436(b)(2) and 437(b)(2) for grants under this sec-
tion for the fiscal year (after applying paragraphs 
(1)(A) and (3) of this subsection) as the number of 
individuals in the State in which the court is located 
who have not attained 21 years of age bears to the 
total number of such individuals in all States with 
a highest State court that has an approved applica-
tion under this section for the fiscal year. 
‘‘(3) INDIAN TRIBES.—From the amounts re-
served under section 436(b)(2) for a fiscal year, the 
Secretary shall, before applying paragraph (1) of 
this subsection, allocate $5,000,000 for grants to be 
awarded on a competitive basis among the highest 
courts of Indian tribes or tribal consortia that— 
‘‘(A) are operating a program under part 
E, in accordance with section 479B; 
‘‘(B) are seeking to operate a program 
under part E and have received an implementa-
tion grant under section 476; or 
‘‘(C) have a court responsible for pro-
ceedings related to foster care or adoption.’’. 
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(c) TECHNICAL AMENDMENTS.—Section 438(a) of 
such Act (42 U.S.C. 629h(a)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (D), by adding ‘‘and’’ 
after the semicolon; and 
(B) in subparagraph (E)(iii), by striking 
‘‘and’’ after the semicolon; and 
(2) in paragraph (2), in the matter preceding 
subparagraph (A), by striking ‘‘state’’ and inserting 
‘‘State’’. 
SEC. 302. ADDITIONAL RESOURCES AND IMPROVEMENTS 
FOR TRIBAL CHILD WELFARE PROGRAMS. 
(a) MINIMUM GRANT ELIGIBILITY THRESHOLD RE-
PLACED WITH MINIMUM GRANT AMOUNT.— 
(1) ELIMINATION OF MINIMUM GRANT ELIGI-
BILITY THRESHOLD.—Section 432(b)(2) of the So-
cial Security Act (42 U.S.C. 629b(b)(2)) is amended 
by striking subparagraph (B). 
(2) MINIMUM GRANT AMOUNT.—Section 433(a) 
of such Act (42 U.S.C. 629c(a)) is amended to read 
as follows: 
‘‘(a) INDIAN TRIBES OR TRIBAL CONSORTIA.— 
‘‘(1) INDIAN TRIBES.— 
‘‘(A) IN GENERAL.—From the amount re-
served pursuant to section 436(b)(3) for any 
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fiscal year, the Secretary shall allot to each In-
dian tribe with a plan approved under this sub-
part— 
‘‘(i) $10,000; plus 
‘‘(ii) an amount that bears the same 
ratio to the adjusted reserved amount as 
the number of children in the Indian tribe 
bears to the total number of children in all 
Indian tribes with State plans so approved, 
as determined by the Secretary on the 
basis of the most current and reliable in-
formation available to the Secretary. 
‘‘(B) ADJUSTED
RESERVE
AMOUNT.—In 
subparagraph (A), the term ‘adjusted reserved 
amount’ means, with respect to a fiscal year— 
‘‘(i) the amount reserved pursuant to 
section 436(b)(3) for the fiscal year; minus 
‘‘(ii) the product of— 
‘‘(I) $10,000; and 
‘‘(II) the number of Indian tribes 
to which an allotment is made under 
this subsection for the fiscal year. 
‘‘(2) TRIBAL CONSORTIA.—If a consortium of 
Indian tribes submits a plan approved under this 
subpart, the Secretary shall allot to the consortium 
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an amount equal to the sum of the allotments deter-
mined for each Indian tribe that is part of the con-
sortium.’’. 
(b) INCREASE IN THE TRIBAL SET-ASIDE OF MAN-
DATORY FUNDING TO PROMOTE SAFE AND STABLE FAM-
ILIES FUNDING.—Section 436(b)(3) of the Social Security 
Act (42 U.S.C. 629f(b)(3)) is amended by striking ‘‘After 
applying paragraphs (4) and (5) (but before applying 
paragraphs (1) or (2)), the Secretary shall reserve 3 per-
cent’’ and inserting ‘‘The Secretary shall reserve 4.5 per-
cent’’. 
(c) AUTHORITY TO USE FUNDS TO FACILITATE AND 
SUPPORT
TRIBAL
CUSTOMARY
ADOPTIONS.—Section 
432(b)(2) of the Social Security Act (42 U.S.C. 
629b(b)(2)), as amended by subsection (a)(1), is amended 
by adding at the end the following: 
‘‘(B) AUTHORITY
TO
USE
FUNDS
FOR 
TRIBAL
CUSTOMARY
ADOPTIONS.—An Indian 
tribe or tribal consortium may use amounts 
provided under this part to facilitate and sup-
port tribal customary adoptions.’’. 
(d) STREAMLINING OF APPLICATION AND REPORT-
ING REQUIREMENTS.— 
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(1) 
APPLICATION
REQUIREMENTS.—Section 
432(b)(2)(A) of the Social Security Act (42 U.S.C. 
629b(b)(2)(A)) is amended— 
(A) by striking ‘‘subsection (a)(4) of this 
section’’ and inserting ‘‘paragraphs (2), (4), 
and (5) of subsection (a)’’; and 
(B) by adding at the end the following: 
‘‘The Secretary shall exempt a plan of an In-
dian tribe or tribal consortium from the re-
quirements of paragraphs (2) and (5) of sub-
section (a) for a fiscal year if the total amount 
provided to the Indian tribe or tribal consor-
tium under this subpart for the fiscal year is 
less than $50,000. If the Secretary exempts a 
plan of an Indian tribe or tribal consortium 
from a requirement of paragraph (2) or (5) of 
subsection (a), the Indian tribe or tribal consor-
tium may provide the Secretary with the rel-
evant information in a streamlined form.’’. 
(2) REPORTING REQUIREMENTS.—Section 428 
of such Act (42 U.S.C. 628) is amended by adding 
at the end the following: 
‘‘(d) AUTHORITY TO STREAMLINE REPORTING RE-
QUIREMENTS.—The Secretary may modify any reporting 
requirement imposed by or under this part on an Indian 
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tribe, tribal organization, or tribal consortium, as the Sec-
retary deems appropriate, taking into account the re-
sources, needs, and other circumstances of the Indian 
tribe, tribal organization, or tribal consortium.’’. 
(e) USE
OF IN-KIND EXPENDITURES TO MEET 
TRIBAL MATCHING RATE UNDER THE STEPHANIE TUBBS 
JONES CHILD WELFARE SERVICES PROGRAM.—Section 
428 of the Social Security Act (42 U.S.C. 628), as amend-
ed by subsection (e)(2), is amended by adding at the end 
the following: 
‘‘(e) USE OF IN-KIND EXPENDITURES TO MEET 
MATCHING RATE.—In determining the amount expended 
by an Indian tribe for activities under this subpart, the 
Secretary may take into account in-kind expenditures of 
the Indian tribe.’’. 
(f) AUTHORITY OF INDIAN TRIBAL ORGANIZATION 
TO ELECT TO SUBSTITUTE THE FEDERAL NEGOTIATED 
INDIRECT
COST
RATE
FOR
ADMINISTRATIVE
COSTS 
CAP.—Section 428 of the Social Security Act (42 U.S.C. 
628), as amended by subsections (e)(2) and (f), is amend-
ed by adding at the end the following: 
‘‘(f) TRIBAL AUTHORITY TO SUBSTITUTE THE FED-
ERAL NEGOTIATED INDIRECT COST RATE FOR ADMINIS-
TRATIVE
COSTS
CAP.—For 
purposes 
of 
sections 
422(b)(14) and 424(e), an Indian tribal organization may 
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elect to have the weighted average of the indirect cost 
rates in effect under part 225 of title 2, Code of Federal 
Regulations (OMB Circular A–87) with respect to the ad-
ministrative costs of the Indian tribal organization apply 
in lieu of the percentage specified in each such section.’’. 
SEC. 303. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided in subsections 
(b) and (c), the amendments made by this Act take effect 
on October 1, 2019. 
(b) IN GENERAL.—In the case of a State plan under 
part B or E of title IV of the Social Security Act which 
the Secretary of Health and Human Services determines 
requires State legislation (other than legislation appro-
priating funds) in order for the plan to meet the additional 
requirements imposed by the amendments made by this 
Act, the State plan shall not be regarded as failing to com-
ply with the requirements of such part solely on the basis 
of the failure of the plan to meet such additional require-
ments before the first day of the first calendar quarter 
beginning after the close of the first regular session of the 
State legislature that begins after the date of enactment 
of this Act. For purposes of the previous sentence, in the 
case of a State that has a 2-year legislative session, each 
year of the session shall be deemed to be a separate reg-
ular session of the State legislature. 
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(c) APPLICATION TO PROGRAMS OPERATED BY IN-
DIAN TRIBAL ORGANIZATIONS.—In the case of an Indian 
tribe, tribal organization, or tribal consortium which the 
Secretary of Health and Human Services determines re-
quires time to take action necessary to comply with the 
additional requirements imposed by the amendments made 
by this Act (whether the tribe, organization, or tribal con-
sortium has a plan under section 479B of the Social Secu-
rity Act or a cooperative agreement or contract entered 
into with a State), the Secretary shall provide the tribe, 
organization, or tribal consortium with such additional 
time as the Secretary determines is necessary for the tribe, 
organization, or tribal consortium to take the action to 
comply with the additional requirements before being re-
garded as failing to comply with the requirements. 
Æ 
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