Title: Family First Transition and Support Act of 2019
Policy area: Social Welfare

Summary:
Family First Transition and Support Act of 2019
This bill eliminates income-based limitations on a child's eligibility for federal foster care support and makes other changes to funding for, and administration of, grants and programs for child welfare in states and tribes.
The bill increases funding for activities including (1) training of child welfare workers, foster parents, and those working in the court system; (2) research on evidence-based practices to prevent child abuse and neglect; and (3) regional partnerships between child welfare agencies and others to address a parent's, or other caregiver's, substance use disorder.
The bill's changes to the administration of child welfare programs include, for example, delaying until FY2027 a requirement for states to expend a minimum percentage of funding for child abuse prevention services on only those services that meet certain criteria for effectiveness. In addition, the bill expands the scope of certain grants to include kinship placement services and allows the use of federal funds to address issues that may put a child at risk of entering foster care, such as by providing assistance with housing and utility payments.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1376 Introduced in Senate (IS)]

<DOC>






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.

    Be it enacted by the Senate and House of Representatives 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''.
    (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 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.

 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.

    (a) In General.--Section 472(a) of the Social Security Act (42 
U.S.C. 672(a)) is amended--
            (1) in paragraph (1), in the matter preceding subparagraph 
        (A), by striking ``Each State'' and inserting ``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 approved under this part shall make foster 
        care maintenance payments on behalf of each child who has been 
        removed from the home of a relative or caretaker 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 
        paragraph (2).''.
    (b) Reinvestment of Savings.--Section 472 of such Act is amended by 
adding at the end the following:
    ``(l) Reinvestment of Savings From Elimination 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 expenditures 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 requirement 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 fiscal 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 purposes of 
                meeting the requirement of paragraph (1), using a 
                methodology specified by the Secretary or an alternate 
                methodology proposed by the State and approved by the 
                Secretary.
                    ``(B) Report.--A State shall annually report 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 referred 
                        to in subparagraph (A);
                            ``(iii) how any such savings are spent, 
                        accounting for and reporting the spending 
                        separately from any other spending reported 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 
                        subdivisions of the State, the proportion of 
                        such savings that were distributed to political 
                        subdivisions of the State.
                    ``(C) Publicly available.--The Secretary shall make 
                all information reported pursuant 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 inserting ``through 2019, and 
$665,000,000 for each of fiscal 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 Families 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 services.--
                    ``(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 described.--The 
                services and activities described in this subparagraph 
                are the following:
                            ``(i) Crisis stabilization services, 
                        including case management services designed to 
                        stabilize families in crisis such as 
                        transportation, assistance with housing and 
                        utility payments, and access to adequate health 
                        care, child care assistance, and establishing a 
                        kinship placement crisis stabilization fund for 
                        purposes of making direct cash payments to kin 
                        caregivers for immediate needs of children 
                        placed with such caregivers in order to 
                        facilitate kinship placements and prevent the 
                        entry of children into foster care.
                            ``(ii) Family finding, including intensive 
                        family-finding efforts that utilize search 
                        technology to find biological family members 
                        for children in, or at risk of entering, foster 
                        care.
                            ``(iii) Re-establishing family 
                        relationships and supporting family group 
                        decision-making.
                            ``(iv) Other assistance or services related 
                        to strengthening and supporting kinship 
                        families to improve the well-being of children 
                        and their kin caregivers, including, 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:
                    ``(ii) the total amount of State expenditures 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 services,'' 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 inserting ``kinship 
        placement support services,'' after ``family reunification 
        services,''.

SEC. 104. USING FAMILY PRESERVATION SERVICES TO STABILIZE 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 transportation, 
                assistance with housing and utility payments, and 
                access to adequate health care.''.

SEC. 105. MORE FUNDING AND TRAINING FOR CASEWORKER 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)--
                    (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 
                                impact of vicarious trauma among 
                                caseworkers; 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 development.--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 expended for a 
                        fiscal year to meet the requirements of 
                        subclauses (II) and (III) of clause (i).''.

SEC. 106. FUNDING FOR EVALUATION AND IDENTIFICATION OF EVIDENCE-BASED 
              PREVENTION PRACTICES.

    (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 subparagraph (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 period 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:
    ``(f) Grants to States for Research and Evaluations.--
            ``(1) Authority to award grants.--
                    ``(A) In general.--The Secretary shall award grants 
                to States to carry out State-directed research and 
                evaluations.
                    ``(B) Applications.--To be eligible for a grant 
                under this subsection, a State shall submit to the 
                Secretary an application at such time, in such manner, 
                and containing such information 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 organizations and 
                educational institutions:
                            ``(i) Researching and evaluating culturally 
                        appropriate interventions to strengthen 
                        families and prevent children and youth from 
                        entering or re-entering foster care.
                            ``(ii) Developing programs and activities 
                        that meet the requirements for promising, 
                        supported, or well-supported practices 
                        specified in section 471(e)(4)(C).
                            ``(iii) Developing and evaluating kinship 
                        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 programs 
                        or activities for 1 or more of the following 
                        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 foster care.
                                    ``(IV) To increase community 
                                engagement 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 
                                representation and disparities with 
                                respect to the provision of child 
                                welfare services.
                    ``(B) Evaluation and report.--To evaluate the 
                effectiveness of the activities carried 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 information as the Secretary may require.
    ``(g) Accelerating Identification and Approval 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 welfare 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 implementation of the 
        clearinghouse of promising, supported, and well-supported 
        practices established under section 476(d)(2).
            ``(3) Expenditures for research, identification, and 
        dissemination of best practices for developing and sustaining a 
        high quality child welfare caseworker workforce.
            ``(4) Expenditures for administrative costs attributable 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 PARTNERSHIP 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 fiscal years 2020 through 2021''.
    (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 MEETING THE REQUIREMENTS OF THE FAMILY FIRST 
                        PREVENTION SERVICES ACT

SEC. 201. DELAY OF 50 PERCENT WELL-SUPPORTED PREVENTION 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 Foster 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 this subpart, out 
                of any money in the Treasury of the United States not 
                otherwise appropriated, there are appropriated 
                $75,000,000 for each of fiscal years 2020 through 2021.
                    ``(B) Reservation of funds.--The Secretary shall 
                reserve 3 percent of the amounts appropriated under 
                subparagraph (A) for a fiscal 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 consortia.--From the 
                amounts reserved under paragraph (1)(B) for a fiscal 
                year, the Secretary shall allot to each Indian tribe or 
                tribal consortia with a plan approved under this 
                subpart an amount determined in the same manner as 
                amounts are allotted to Indian tribes or tribal 
                consortia under section 433(a).
                    ``(B) States.--From the amounts appropriated 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 
                        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 Indian 
                        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 prenatally 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 children with special health care needs.
                    ``(B) To improve State capacity to offer 
                therapeutic treatment foster family homes with well-
                trained and well-supported caregivers, licensed 
                residential family-based treatment facilities for 
                substance abuse that satisfy the requirements of 
                section 472(j), and placement settings described in 
                section 472(k)(2), including through costs attributable 
                to meeting licensing standards and the accreditation of 
                programs 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, adoptive families, and 
                foster family home caregivers, and costs attributable 
                to supporting a child's transition to or from placement 
                in a care setting.
                    ``(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, improved health data sharing and coordination 
                activities, and employing or contracting for 
                pediatrician 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 fiscal year.
                    ``(B) Availability of funds.--
                            ``(i) In general.--Amounts allotted to a 
                        State or Indian tribe or tribal consortia under 
                        paragraph (2) for a fiscal year shall remain 
                        available for expenditure by the State or 
                        Indian tribe or tribal consortia through the 
                        end of the third succeeding fiscal year.
                            ``(ii) Amounts redistributed.--Any amounts 
                        reallotted shall remain available 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) subsections (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 Indian tribe or 
                tribal consortia provided an allotment under this 
                subsection shall submit a report 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 consortia.--The 
                Secretary may modify the reporting 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 PROGRAMS.

    Section 474(b) of the Social Security Act (42 U.S.C. 674(b)) is 
amended by adding at the end the following:
    ``(5) Overpayment Grace Period Option for Certain States.--In the 
case of any State conducting a demonstration project under section 1130 
that is scheduled to terminate on September 30, 2019, and that is 
administered 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 political subdivision 
        of the State for the amount the political subdivision estimates 
        will be expended for foster care maintenance payments and 
        administrative expenditures attributable to the provision of 
        such payments for the quarter solely on the basis of estimates 
        and without requiring the political subdivision 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 fiscal year 2020 or 2021 to 
        the extent of any overpayment which the Secretary determines 
        was made under this section to such State for any prior quarter 
        of any fiscal year; and
            ``(C) the Secretary shall recover any overpayments deferred 
        under subparagraph (B) to quarters 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 
subparagraph (A) or (B) of paragraph (1) of this subsection that meet 
the applicable criteria specified for such practices 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 WELFARE 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--
            (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 eligible 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
                                            (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 subsection 
                                (a)(4),'' and inserting ``(2)''; and
                                    (IV) in subparagraph (C), by 
                                striking ``(C) in the case of a grant 
                                for the purpose described in subsection 
                                (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 application 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.
            ``(2) Amount described.--The amount described 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 section 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 application under this section for the fiscal year.
            ``(3) Indian tribes.--From the amounts reserved 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 implementation grant under section 
                476; or
                    ``(C) have a court responsible for proceedings 
                related to foster care or adoption.''.
    (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 Replaced With Minimum Grant 
Amount.--
            (1) Elimination of minimum grant eligibility threshold.--
        Section 432(b)(2) of the Social 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 reserved 
                pursuant to section 436(b)(3) for any fiscal year, the 
                Secretary shall allot to each Indian tribe with a plan 
                approved under this subpart--
                            ``(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 information 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 an amount equal to the sum of the 
        allotments determined for each Indian tribe that is part of the 
        consortium.''.
    (b) Increase in the Tribal Set-Aside of Mandatory Funding To 
Promote Safe and Stable Families 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 percent'' and inserting 
``The Secretary shall reserve 4.5 percent''.
    (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 
                support tribal customary adoptions.''.
    (d) Streamlining of Application and Reporting Requirements.--
            (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 Indian tribe or 
                tribal consortium from the requirements of paragraphs 
                (2) and (5) of subsection (a) for a fiscal year if the 
                total amount provided to the Indian tribe or tribal 
                consortium 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 consortium may provide the Secretary 
                with the relevant 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 Requirements.--The 
Secretary may modify any reporting requirement imposed by or under this 
part on an Indian tribe, tribal organization, or tribal consortium, as 
the Secretary deems appropriate, taking into account the resources, 
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 amended 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 amended by adding at the end 
the following:
    ``(f) Tribal Authority To Substitute the Federal Negotiated 
Indirect Cost Rate for Administrative Costs Cap.--For purposes of 
sections 422(b)(14) and 424(e), an Indian tribal organization may 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 administrative 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 appropriating 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 comply with the 
requirements of such part solely on the basis of the failure of the 
plan to meet such additional requirements 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 regular session of the State 
legislature.
    (c) Application to Programs Operated by Indian Tribal 
Organizations.--In the case of an Indian tribe, tribal organization, or 
tribal consortium which the Secretary of Health and Human Services 
determines requires 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 consortium has a plan under 
section 479B of the Social Security 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 regarded as failing to comply with the 
requirements.
                                 <all>