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Division F — Family Support Provisions

H.R. 6379 · 116th Congress · Mar 23, 2020 · Lineage

F Family Support Provisions

Sec. 60001 Continued safe operation of child welfare programs and support for older foster youth

(a)
Funding increases—
(1)
General program— The dollar amount specified in section 477(h)(1) of the Social Security Act for fiscal year 2020 is deemed to be $185,900,000.
(2)
Education and training vouchers— The dollar amount specified in section 477(h)(2) of such Act for fiscal year 2020 is deemed to be $78,000,000.
(b)
Programmatic flexibility— With respect to the period that begins on March 1, 2020, and ends with the close of calendar year 2020:
(1)
Elimination of age limitations on eligibility for assistance— Eligibility for services or assistance under a State program operated pursuant to section 477 of the Social Security Act shall be provided without regard to the age of the recipient.
(2)
Suspension of work and education requirements under the education and training voucher program— Section 477(i)(3) of the Social Security Act shall be applied and administered without regard to any work or education requirement.
(3)
Authority to waive limitation on percentage of funds used for housing assistance— The Secretary of Health and Human Services (in this subsection referred to as the “Secretary”) may apply and administer section 477 of the Social Security Act without regard to subsection (b)(3)(B) of such section.
(4)
Authority to waive rules conflicting with needed assistance and services— The Secretary may waive any requirement imposed by or under part B or E of title IV of the Social Security Act (including any limitation on the ability of contractors pursuant to such part B or E to apply for no-cost contract extensions) that the Secretary deems to be in conflict with using funds made available pursuant to this section or other statutes for the provision of financial, education, work, housing, and other assistance and services needed in response to the public health emergency declared by the Secretary pursuant to section 319 of the Public Health Service Act on January 31, 2020, entitled “Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus”.
(5)
Authority of States to determine how daily activities may be conducted remotely— The Secretary may allow a State to determine how daily activities under the State plan developed under part B of title IV of the Social Security Act and the State program funded under section 477 of such Act may be conducted through electronic means to comply with public health guidelines relating to social distancing, including conducting any required court proceedings pertaining to children in care. In making any such determination, the State shall work to ensure that the safety and health of each child in care remains paramount.
(6)
Counting of remote caseworker visits as in-person visits— In the case of a foster child who has attained 18 years of age and with respect to whom foster care maintenance payments are being made under a State plan approved under part E of title IV of the Social Security Act, caseworker contact with the child that includes visual and auditory contact and which is conducted solely by electronic means is deemed an in-person visit to the child by the caseworker for purposes of section 424(f)(1)(A) of such Act if the child is visited by the caseworker in person not less than once every 6 months while in such care.
(7)
Elimination of education and employment requirements for certain foster youth— The Secretary may waive the applicability of subclauses (I) through (IV) of section 475(8)(B)(iv) of the Social Security Act.
(c)
State defined— In subsection (a), the term State has the meaning given the term in section 1101(a) of the Social Security Act for purposes of title IV of the Social Security Act, and includes an Indian tribe, tribal organization, or tribal consortium with an application and plan approved under this section 477(j) of such Act for fiscal year 2020.

Sec. 60002 Allowing home visiting programs to continue serving families safely

(a)
In general— For purposes of section 511 of the Social Security Act, during the period that begins on February 1, 2020, and ends with the close of calendar year 2020—
(1)
a virtual home visit shall be considered a home visit;
(2)
funding for, and staffing levels of, a program conducted pursuant to such section shall not be reduced on account of reduced enrollment in the program; and
(3)
funds provided for such a program may be used—
(A)
to train home visitors in conducting a virtual home visit and in emergency preparedness and response planning for families served;
(B)
for the acquisition by families enrolled in the program of such technological means as are needed to conduct and support a virtual home visit; and
(C)
to provide emergency supplies (such as diapers, formula, non-perishable food, water, hand soap and hand sanitizer) to families served.
(b)
Virtual home visit defined— In subsection (a), the term virtual home visit means a visit that is conducted solely by electronic means.
(c)
Authority to delay deadlines—
(1)
In general— The Secretary of Health and Human Services may extend the deadline by which a requirement of section 511 of the Social Security Act must be met, by such period of time as the Secretary deems appropriate.
(2)
Guidance— The Secretary shall provide to eligible entities funded under section 511 of the Social Security Act information on the parameters used in extending a deadline under paragraph (1) of this subsection.

Sec. 60003 Emergency flexibility for child support programs

(a)
In general— With respect to the period that begins on March 1, 2020, and ends with the close of calendar year 2021:
(1)
The Secretary of Health and Human Services (in this subsection referred to as the “Secretary”) may increase any percentage in effect for purposes of section 455(a)(1) of the Social Security Act to not more than 100 percent.
(2)
On application of an Indian tribe therefor, the Secretary may waive any matching funds requirement imposed on the tribe under section 455(f) of such Act.
(3)
Paragraphs (2) and (8) of section 409(a) of such Act shall have no force or effect.
(4)
The Secretary may exempt a State from any requirement of section 466 of such Act.
(5)
The Secretary may not impose a penalty or take any other adverse action against a State pursuant to section 452(g)(1) of such Act for failure to achieve a paternity establishment percentage of less than 90 percent.
(6)
The Secretary may not find that the paternity establishment percentage for a State is not based on reliable data for purposes of section 452(g)(1) of such Act, and the Secretary may not determine that the data which a State submitted pursuant to section 452(a)(4)(C)(i) of such Act and which is used in determining a performance level is not complete or reliable for purposes of section 458(b)(5)(B) of such Act, on the basis of the failure of the State to submit OCSE Form 396 or 34 in a timely manner.
(7)
The Secretary may not impose a penalty or take any other adverse action against a State for failure to comply with section 454A(g)(1)(A)(i) of such Act.
(8)
The Secretary may not disapprove a State plan submitted pursuant to part D of title IV of such Act for failure of the plan to meet the requirement of section 454(1) of such Act, and may not impose a penalty or take any other adverse action against a State with such a plan that meets that requirement for failure to comply with that requirement.
(9)
To the extent that a preceding provision of this section applies with respect to a provision of law applicable to a program operated by an Indian tribe or tribal organization (as defined in subsections (e) and (l) of section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)), that preceding provision shall apply with respect to the Indian tribe or tribal organization.
(b)
State defined— In subsection (a), the term State has the meaning given the term in section 1101(a) of the Social Security Act for purposes of title IV of such Act.

Sec. 60004 Emergency flexibility for State TANF programs

(a)
State programs— Sections 407 and 408(a)(7) of the Social Security Act shall have no force or effect during the applicable period, and paragraphs (3), (9), (14), and (15) of section 409(a) of such Act shall not apply with respect to conduct engaged in during the period.
(b)
Tribal programs— The minimum work participation requirements and time limits established under section 412(c) of the Social Security Act shall have no force or effect during the applicable period, and the penalties established under such section shall not apply with respect to conduct engaged in during the period.
(c)
Penalty for noncompliance—
(1)
In general— If the Secretary of Health and Human Services finds that a State or an Indian tribe has imposed a work requirement as a condition of receiving assistance, or a time limit on the provision of assistance, under a program funded under part A of title IV of the Social Security Act or any program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i) of such Act) during the applicable period, or has imposed a penalty for failure to comply with a work requirement during the period, the Secretary shall reduce the grant payable to the State under section 403(a)(1) of such Act or the grant payable to the tribe under section 412(a)(1) of such Act, as the case may be, for fiscal year 2021 by an amount equal to 5 percent of the State or tribal family assistance grant, as the case may be.
(2)
Applicability of certain provisions— For purposes of subsections (c) and (d) of section 409 of the Social Security Act, paragraph (1) of this subsection shall be considered to be included in section 409(a) of such Act.
(d)
Definitions— In this section:
(1)
Applicable period— The term applicable period means the period that begins on March 1, 2020, and ends with the close of calendar year 2020.
(2)
Work requirement— The term work requirement means a requirement to engage in a work activity (as defined in section 407(d) of the Social Security Act).
(3)
Other terms— Each other term has the meaning given the term in section 419 of the Social Security Act.