US Codex
Bill
Notes

Title II — Support for Meeting the Requirements of the Family First Prevention Services Act

H.R. 2702 · 116th Congress · May 14, 2019 · Lineage

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).”.