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Division J — Emergency Assistance, Elder Justice, and Child and Family Support

S. 4800 · 116th Congress · Oct 19, 2020 · Lineage

J Emergency Assistance, Elder Justice, and Child and Family Support

I Emergency assistance

Sec. 101 Funding to States, localities, and community-based organizations for emergency aid and services

(a)
Funding for States—
(1)
Increase in funding for Social Services Block Grant Program—
(A)
In general— The amount specified in subsection (c) of section 2003 of the Social Security Act for purposes of subsections (a) and (b) of such section is deemed to be $11,325,000,000 for fiscal year 2020, of which $9,600,000,000 shall be obligated by States in accordance with this subsection.
(B)
Appropriation— Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated $9,600,000,000, which shall be available for payments under section 2002 of the Social Security Act, which shall remain available until the end of fiscal year 2021.
(C)
Deadline for distribution of funds— Within 45 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall distribute the funds made available by this paragraph, which shall be made available to States on an emergency basis for immediate obligation and expenditure.
(D)
Submission of revised pre-expenditure report— Within 90 days after a State receives funds made available by this paragraph, the State shall submit to the Secretary a revised pre-expenditure report pursuant to title XX of the Social Security Act that describes how the State plans to administer the funds.
(E)
Deadline for obligation of funds by States— A State to which funds made available by this paragraph are distributed shall obligate the funds not later than 120 days after receipt.
(F)
Deadline for expenditure of funds— A grantee to which a State (or a subgrantee to which a grantee) provides funds made available by this paragraph shall expend the funds not later than December 31, 2021.
(2)
Rules governing use of additional funds— A State to which funds made available by paragraph (1)(B) are distributed shall use the funds in accordance with the following:
(A)
Purpose—
(i)
In general— The State shall use the funds only to support the provision of emergency services to disadvantaged children, families, and households.
(ii)
Disadvantaged defined— In this paragraph, the term disadvantaged means, with respect to an entity, that the entity—
(I)
is an individual, or is located in a community, that is experiencing material hardship;
(II)
is a household in which there is a child (as defined in section 12(d) of the Richard B. Russell National School Lunch Act) or a child served under section 11(a)(1) of such Act, who, if not for the closure of the school attended by the child during a public health emergency designation and due to concerns about a COVID–19 outbreak, would receive free or reduced price school meals pursuant to such Act;
(III)
is an individual, or is located in a community, with barriers to employment; or
(IV)
is located in a community that, as of the date of the enactment of this Act, is not experiencing a 56-day downward trajectory of—
(aa)
influenza-like illnesses;
(bb)
COVID-like syndromic cases;
(cc)
documented COVID–19 cases; or
(dd)
positive test results as a percentage of total COVID–19 tests.
(B)
Pass-through to local entities—
(i)
In the case of a State in which a county administers or contributes financially to the non-Federal share of the amounts expended in carrying out a State program funded under title IV of the Social Security Act, the State shall pass at least 50 percent of all funds so made available through to the chief elected official of the city or county that administers the program.
(ii)
In the case of any other State and any State to which clause (i) applies that does not pass through funds as described in that clause, the State shall—
(I)
pass at least 50 percent of the funds through to—
(aa)
(AA)
local governments that will expend or distribute the funds in consultation with community-based organizations with experience serving disadvantaged families or individuals; or
(BB)
community-based organizations with experience serving disadvantaged families and individuals; and
(bb)
sub-State areas in proportions based on the population of disadvantaged individuals living in the areas; and
(II)
report to the Secretary on how the State determined the amounts passed through pursuant to this clause.
(C)
Methods—
(i)
In general— The State shall use the funds only for—
(I)
administering emergency services;
(II)
providing short-term cash, non-cash, or in-kind emergency disaster relief;
(III)
providing services with demonstrated need in accordance with objective criteria that are made available to the public;
(IV)
operational costs directly related to providing services described in subclauses (I), (II), and (III);
(V)
local government emergency social service operations; and
(VI)
providing emergency social services to rural and frontier communities that may not have access to other emergency funding streams.
(ii)
Administering emergency services defined— In clause (i), the term administering emergency services means—
(I)
providing basic disaster relief, economic, and well-being necessities to ensure communities are able to safely observe shelter-in-place and social distancing orders;
(II)
providing necessary supplies such as masks, gloves, and soap, to protect the public against infectious disease; and
(III)
connecting individuals, children, and families to services or payments for which they may already be eligible.
(D)
Prohibitions—
(i)
No individual eligibility determinations by grantees or subgrantees— Neither a grantee to which the State provides the funds nor any subgrantee of such a grantee may exercise individual eligibility determinations for the purpose of administering short-term, non-cash, in-kind emergency disaster relief to communities.
(ii)
Applicability of certain social services block grant funds use limitations— The State shall use the funds subject to the limitations in section 2005 of the Social Security Act, except that, for purposes of this clause, section 2005(a)(2) and 2005(a)(8) of such Act shall not apply.
(iii)
No supplantation of certain State funds— The State may use the funds to supplement, not supplant, State general revenue funds for social services.
(iv)
Ban on use for certain costs reimbursable by FEMA— The State may not use the funds for costs that are reimbursable by the Federal Emergency Management Agency, under a contract for insurance, or by self-insurance.
(b)
Funding for Indian Tribes and Tribal organizations—
(1)
Grants—
(A)
In general— Within 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall make grants to Indian Tribes and Tribal organizations.
(B)
Amount of grant— The amount of the grant for an Indian Tribe or Tribal organization shall bear the same ratio to the amount appropriated by paragraph (3) as the total amount of grants awarded to the Indian Tribe or Tribal organization under the Low-Income Home Energy Assistance Act of 1981 and the Community Service Block Grant for fiscal year 2020 bears to the total amount of grants awarded to all Indian Tribes and Tribal organizations under such Act and such Grant for the fiscal year.
(2)
Rules governing use of funds— An entity to which a grant is made under paragraph (1) shall obligate the funds not later than September 30, 2021, and the funds shall be expended by grantees and subgrantees not later than September 30, 2022, and used in accordance with the following:
(A)
Purpose—
(i)
In general— The grantee shall use the funds only to support the provision of emergency services to disadvantaged households.
(ii)
Disadvantaged defined— In clause (i), the term disadvantaged means, with respect to an entity, that the entity—
(I)
is an individual, or is located in a community, that is experiencing material hardship;
(II)
is a household in which there is a child (as defined in section 12(d) of the Richard B. Russell National School Lunch Act) or a child served under section 11(a)(1) of such Act, who, if not for the closure of the school attended by the child during a public health emergency designation and due to concerns about a COVID–19 outbreak, would receive free or reduced price school meals pursuant to such Act;
(III)
is an individual, or is located in a community, with barriers to employment; or
(IV)
is located in a community that, as of the date of the enactment of this Act, is not experiencing a 56-day downward trajectory of—
(aa)
influenza-like illnesses;
(bb)
COVID-like syndromic cases;
(cc)
documented COVID–19 cases; or
(dd)
positive test results as a percentage of total COVID–19 tests.
(B)
Methods—
(i)
In general— The grantee shall use the funds only for—
(I)
administering emergency services;
(II)
providing short-term, non-cash, in-kind emergency disaster relief; and
(III)
tribal emergency social service operations.
(ii)
Administering emergency services defined— In clause (i), the term administering emergency services means—
(I)
providing basic economic and well-being necessities to ensure communities are able to safely observe shelter-in-place and social distancing orders;
(II)
providing necessary supplies such as masks, gloves, and soap, to protect the public against infectious disease; and
(III)
connecting individuals, children, and families to services or payments for which they may already be eligible.
(C)
Prohibitions—
(i)
No individual eligibility determinations by grantees or subgrantees— Neither the grantee nor any subgrantee may exercise individual eligibility determinations for the purpose of administering short-term, non-cash, in-kind emergency disaster relief to communities.
(ii)
Ban on use for certain costs reimbursable by FEMA— The grantee may not use the funds for costs that are reimbursable by the Federal Emergency Management Agency, under a contract for insurance, or by self-insurance.
(3)
Appropriation— Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated $400,000,000 to make tribal grants under this subsection.

Sec. 102 Emergency assistance to families through home visiting programs

(a)
In general— For purposes of section 511 of the Social Security Act, during the period that begins on February 1, 2020, and ends January 31, 2021—
(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, and may include training on how to safely conduct intimate partner violence screenings, and training on safety and 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;
(C)
to provide emergency supplies (such as diapers, formula, non-perishable food, water, hand soap and hand sanitizer) to families served; and
(D)
to provide prepaid grocery cards to an eligible family (as defined in section 511(k)(2) of such Act) for the purpose of enabling the family to meet the emergency needs of the family.
(b)
Virtual home visit defined— In subsection (a), the term virtual home visit means a visit that is conducted solely by the use of electronic information and telecommunications technologies.
(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 of Health and Human Services 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.
(d)
Supplemental appropriation— In addition to amounts otherwise appropriated, out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary of Health and Human Services $100,000,000, to enable eligible entities to conduct programs funded under section 511 of the Social Security Act pursuant to this section, which shall remain available for obligation not later than January 31, 2021.

II Reauthorization of Funding for Programs to Prevent, Investigate, and Prosecute Elder Abuse, Neglect, and Exploitation

Sec. 201 Elder abuse, neglect, and exploitation forensic centers

Section 2031(f) of the Social Security Act (42 U.S.C. 1397l(f)) is amended—
(1)
in paragraph (2), by striking “and” after the semicolon;
(2)
in paragraph (3), by striking the period at the end and inserting “; and”; and
(3)
by adding at the end the following:

“(4) for fiscal year 2021, $5,000,000.”

Sec. 202 Grants for long-term care staffing and technology

Section 2041(d) of the Social Security Act (42 U.S.C. 1397m(d)) is amended—
(1)
in paragraph (2), by striking “and” after the semicolon;
(2)
in paragraph (3), by striking the period at the end and inserting “; and”; and
(3)
by adding at the end the following:

“(4) for fiscal year 2021, $14,000,000.”

Sec. 203 Adult protective services functions and grant programs

Section 2042 of the Social Security Act (42 U.S.C. 1397m–1) is amended—
(1)
in subsection (a)(2), by striking “$3,000,000” and all that follows through the period and inserting “$3,000,000 for fiscal year 2021.”;
(2)
in subsection (b)(5), by striking “$100,000,000” and all that follows through the period and inserting “$100,000,000 for fiscal year 2021.”; and
(3)
in subsection (c)(6), by striking “$25,000,000” and all that follows through the period and inserting “$20,000,000 for fiscal year 2021.”.

Sec. 204 Long-term care ombudsman program grants and training

Section 2043 of the Social Security Act (42 U.S.C. 1397m–2) is amended—
(1)
in subsection (a)(2)—
(A)
in subparagraph (B), by striking “and” after the semicolon;
(B)
in subparagraph (C), by striking the period at the end and inserting “; and”; and
(C)
by adding at the end the following:

“(D) for fiscal year 2021, $8,000,000.”

(2)
in subsection (b)(2), by inserting before the period the following: “, and for fiscal year 2021, $10,000,000”.

Sec. 205 Investigation systems and training

Section 6703(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 1395i–3a(b)) is amended—
(1)
in paragraph (1)(C), by striking “for the period” and all that follows through the period and inserting “for fiscal year 2021, $10,000,000.”; and
(2)
in paragraph (2)(C), by striking “for each of fiscal years 2011 through 2014, $5,000,000” and inserting “for fiscal year 2021, $4,000,000”.

Sec. 206 Increased funding for States and Indian Tribes for adult protective services

(a)
Increase in funding—
(1)
Reservation of funds— Of the amount made available to carry out subtitle A of title XX of the Social Security Act for fiscal year 2020, $25,000,000 shall be reserved for obligation by States during calendar year 2020 in accordance with subsection (b) of this section.
(2)
Appropriation— Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated $25,000,000 for fiscal year 2020 to make grants to States under this subsection, which shall remain available until the end of fiscal year 2021.
(3)
Deadline for distribution of funds— Within 45 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall distribute the funds reserved under paragraph (1) of this subsection, which shall be made available to States (as defined for purposes of title XX of the Social Security Act in section 1101 of such Act (42 U.S.C. 1301)) on an emergency basis for immediate obligation and expenditure.
(4)
Submission of revised pre-expenditure report— Within 90 days after a State receives funds distributed under paragraph (3), the State shall submit to the Secretary of Health and Human Services a revised pre-expenditure report pursuant to subtitle A of title XX of the Social Security Act (42 U.S.C. 1397 et seq.) that describes how the State plans to administer the funds.
(5)
Deadline for obligation of funds by States— Within 120 days after funds are distributed to a State under paragraph (3), the State shall obligate the funds.
(6)
Deadline for expenditure of funds— A grantee to which a State (or a subgrantee to which a grantee) provides funds distributed under this subsection shall expend the funds not later than December 31, 2021.
(b)
Rules governing use of additional funds— Funds are used in accordance with this subsection if—
(1)
the funds are used for adult protective services (as defined in section 2011(2) of the Social Security Act (42 U.S.C. 1397j(2));
(2)
the funds are used subject to the limitations in section 2005 of the Social Security Act (42 U.S.C. 1397d); and
(3)
the funds are used to supplement, not supplant, State general revenue funds or funds provided under section 2002 of the Social Security Act for adult protective services.
(c)
Funding for Indian Tribes and Tribal organizations—
(1)
Grants—
(A)
In general— Within 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall make grants to Indian Tribes and Tribal organizations (as defined in section 677(e)(1) of the Community Services Block Grant Act (42 U.S.C. 9911(e)(1))).
(B)
Amount of grant— The amount of the grant for an Indian Tribe or Tribal organization shall bear the same ratio to the amount appropriated by paragraph (3) as the total amount of grants awarded to the Indian Tribe or Tribal organization under the Low-Income Home Energy Assistance Act of 1981 and the Community Service Block Grant for fiscal year 2020 bears to the total amount of grants awarded to all Indian Tribes and Tribal organizations under such Act and such Grant for the fiscal year.
(2)
Rules governing use of funds— An entity to which a grant is made under paragraph (1) shall obligate the funds not later than September 30, 2021, and the funds shall be expended by grantees and subgrantees not later than December 31, 2021, and used in accordance with subsection (b) of this section (except that paragraph (3) of such subsection shall be applied by substituting “general revenue funds of the Indian Tribe or Tribal organization” for “State general revenue funds”).
(3)
Reports—
(A)
Pre-expenditure report and intended use plan— Not later than 90 days after an Indian Tribe or Tribal organization receives funds made available by this subsection, the Indian Tribe or Tribal organization shall submit to the Secretary of Health and Human Services a pre-expenditure report on the intended use of such funds including information on the types of activities to be supported and the categories or characteristics of individuals to be served. The Indian Tribe or Tribal organization shall subsequently revise the pre-expenditure report as necessary to reflect substantial changes in the activities to be supported or the categories or characteristics of individuals to be served.
(B)
Post-expenditure report— Not later than January 1, 2022, each Indian Tribe or Tribal organization that receives funds made available under this section shall submit to the Secretary of Health and Human Services a report on the activities supported by such funds. Such report shall be in such form and contain such information (including the information described in section 2006(c) of the Social Security Act (42 U.S.C. 1397e(c))) as the Tribe or organization finds necessary to provide an accurate description of such activities, to secure a complete record of the purposes for which funds were spent, and to determine the extent to which funds were spent in a manner consistent with the report required by subparagraph (A).
(4)
Appropriation— Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated $650,000 for making grants to Indian Tribes and Tribal organizations under this subsection.

Sec. 207 Assessment reports

(a)
In general— Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a report to the Congress on the programs, coordinating bodies, registries, and activities established or authorized under subtitle B of title XX of the Social Security Act (42 U.S.C. 1397l et seq.) or section 6703(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 1395i–3a(b)). The report shall assess the extent to which such programs, coordinating bodies, registries, and activities have improved access to, and the quality of, resources available to aging Americans and their caregivers to ultimately prevent, detect, and treat abuse, neglect, and exploitation, and shall include, as appropriate, recommendations to Congress on funding levels and policy changes to help these programs, coordinating bodies, registries, and activities better prevent, detect, and treat abuse, neglect, and exploitation of aging Americans.
(b)
Limitations on authorization of appropriations— For fiscal year 2021, out of any money in the Treasury of the United States not otherwise appropriated, there are authorized to be appropriated to the Secretary of Health and Human Services $1,000,000 to carry out this section.

III Fairness for Seniors and People with Disabilities During COVID–19

Sec. 301 Social Security and Supplemental Security Income beneficiary protections regarding incorrect payments during COVID–19

(a)
No adjustment, recovery, or liability with respect to certain incorrect payments—
(1)
In general—
(A)
No adjustment, recovery, or liability— Notwithstanding any other provision of title II, title VIII, title XI, or title XVI of the Social Security Act, and subject to subparagraph (D), in the case of any payment under title II, title VIII, or title XVI of such Act of more than the correct amount for any month during the period beginning on March 1, 2020, and ending on January 31, 2021 (other than a payment described in paragraph (2)), there shall be no adjustment of such payment to, or recovery by the United States from, any person, estate, State, or organization, and no person, estate, State, or organization shall be liable for the repayment of the amount of such payment in excess of the correct amount.
(B)
Automatic relief— The Commissioner of Social Security shall apply subparagraph (A) to each payment described therein without requiring such person, estate, State, or organization to so request and regardless of whether such person, estate, State, or organization so requests.
(C)
Presumptions to apply— For the purposes of precluding such adjustment or recovery, the Commissioner of Social Security may presume—
(i)
all such persons, estates, States, or organizations to be not at fault; and
(ii)
recovery to be against equity and good conscience.
(D)
Rule of construction— Notwithstanding the preceding subparagraphs, in case of any payment described in subparagraph (A) that has been recovered, in full or in part, the Commissioner of Social Security shall have no obligation to issue refunds of such recovered amounts.
(2)
Amounts subject to liability and recovery— A payment described in this paragraph is a payment of more than the correct amount resulting from—
(A)
a conviction for an offense under section 208(a), 811, or 1632(a) of the Social Security Act;
(B)
an incorrect or incomplete statement that is knowingly made and material, or the knowing concealment of material information; or
(C)
a determination that a representative payee misused benefits made under section 205(j), 807, or 1631(a)(2) of the Social Security Act,
(b)
Notifications; suspension of recovery upon request—
(1)
Recovery by adjustment of benefits—
(A)
In general— Not later than November 30, 2020, the Commissioner of Social Security shall—
(i)
notify each covered individual of the opportunity to request that the adjustment of benefits described in subparagraph (B) be reduced or suspended during the period described in subsection (a)(1); and
(ii)
reduce or suspend (as requested) such adjustment immediately upon receipt of the request.
(B)
Covered individual— In this paragraph, the term covered individual means an individual with respect to whom the recovery of any payment under title II, title VIII, or title XVI of the Social Security Act of more than the correct amount (other than a payment described in paragraph (a)(2)) is in effect, by adjustment of the individual’s monthly benefits or underpayments, for any month during the period described in subsection (a)(1).
(2)
Recovery by installment agreements— Not later than November 30, 2020, the Commissioner of Social Security shall notify each party owing a debt to the Social Security Administration (other than a debt arising from a payment described in paragraph (a)(2)) with respect to which an installment agreement is in effect of the opportunity to request that the installment payments under such agreement be suspended during the period described in subsection (a)(1), and shall suspend such payments upon request. The Commissioner of Social Security shall deem a debt for which such a suspension has been made to be not delinquent during such period.
(c)
Report— Not later than 30 days after the date of enactment of this Act, the Commissioner of Social Security shall submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate describing the Commissioner’s activities under this section.
(d)
Deemed eligibility for SSI for purposes of determining Medicaid eligibility—
(1)
In general— Notwithstanding any provision of title XVI or title XIX of the Social Security Act (or section 212(a) of Public Law 93–66), each individual who receives a covered supplemental payment for any month during the period described in subsection (a)(1) and is subsequently determined to be ineligible for such payment shall be deemed to be a recipient of supplemental security income benefits under title XVI or State supplementary benefits of the type referred to in section 1616(a) of such Act (or payments of the type described in section 212(a) of Public Law 93–66), as the case may be, for such month for purposes of determining the individual’s eligibility for medical assistance under a State plan approved under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (or a waiver of such plan).
(2)
Covered supplemental payment— For purposes of this subsection, a covered supplemental payment is—
(A)
a payment of a supplemental security income benefit under title XVI of the Social Security Act; or
(B)
a State supplementary payment of the type referred to in section 1616(a) of such title (or a payment of the type described in section 212(a) of Public Law 93–66).
(e)
Protection for certain Medicare beneficiaries— Notwithstanding section 226(a) of the Social Security Act, in the case of any individual—
(1)
who is entitled to hospital insurance benefits under part A of title XVIII of the Social Security by operation of section 226(a) of such Act; and
(2)
whose entitlement to monthly insurance benefits under section 202 of such Act or status as a qualified railroad retirement beneficiary (as defined in section 226(d) of such Act) terminates with any month during the period beginning on March 1, 2020, and ending on January 31, 2021, as a result of a determination made on or after August 31, 2020,
(f)
Hold harmless for the Social Security Trust Funds— There are appropriated, out of any moneys in the Treasury not otherwise appropriated, to each of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund for each fiscal year such amounts as the chief actuary of the Social Security Administration shall certify are necessary to place each such Trust Fund in the same position at the end of such fiscal year as it would have been in if the amendments made by this section had not been enacted.

IV Supporting Foster Youth and Families through the Pandemic

Sec. 401 Short title

This title may be cited as the “Supporting Foster Youth and Families through the Pandemic Act”.

Sec. 402 Definitions

In this title:
(1)
COVID–19 public health emergency— The term COVID–19 public health emergency means the public health emergency declared by the Secretary pursuant to section 319 of the Public Health Service Act, entitled “Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus”.
(2)
COVID–19 public health emergency period— The term COVID–19 public health emergency period means the period beginning on April 1, 2020 and ending with September 30, 2021.
(3)
Secretary— The term Secretary means the Secretary of Health and Human Services.

Sec. 403 Continued safe operation of child welfare programs and support for older foster youth

(a)
Funding increases—
(1)
Increase in support for Chafee programs— Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated $400,000,000 for fiscal year 2020, to carry out section 477 of the Social Security Act, in addition to any amounts otherwise made available for such purpose.
(2)
Education and training vouchers— Of the amount made available by reason of paragraph (1) of this subsection, not less than $50,000,000 shall be reserved for the provision of vouchers pursuant to section 477(h)(2) of the Social Security Act.
(3)
Applicability of technical assistance to additional funds—
(A)
In general— Section 477(g)(2) of the Social Security Act shall apply with respect to the amount made available by reason of paragraph (1) of this subsection as if the amount were included in the amount specified in section 477(h) of such Act.
(B)
Reservation of funds—
(i)
In general— Of the amount to which section 477(g)(2) of the Social Security Act applies by reason of subparagraph (A) of this paragraph, the Secretary shall reserve not less than $500,000 to provide technical assistance to a State implementing or seeking to implement a driving and transportation program for foster youth.
(ii)
Provider qualifications— The Secretary shall ensure that the entity providing the assistance has demonstrated the capacity to—
(I)
successfully administer activities in 1 or more States to provide driver’s licenses to youth who are in foster care under the responsibility of the State; and
(II)
increase the number of such foster youth who obtain a driver’s license.
(4)
Inapplicability of State matching requirement to additional funds— In making payments under subsections (a)(4) and (e)(1) of section 474 of the Social Security Act from the additional funds made available as a result of paragraphs (1) and (2) of this subsection, the percentages specified in subsections (a)(4)(A)(i) and (e)(1) of such section are, respectively, deemed to be 100 percent.
(5)
Maximum award amount— The dollar amount specified in section 477(i)(4)(B) of the Social Security Act through the end of fiscal year 2021 is deemed to be $12,000.
(6)
Inapplicability of nytd penalty to additional funds— In calculating any penalty under section 477(e)(2) of the Social Security Act with respect to the National Youth in Transition Database (NYTD) for the COVID–19 public health emergency period, none of the additional funds made available by reason of paragraphs (1) and (2) of this subsection shall be considered to be part of an allotment to a State under section 477(c) of such Act.
(b)
Maximum age limitation on eligibility for assistance— During fiscal years 2020 and 2021, a child may be eligible for services and assistance under section 477 of the Social Security Act until the child attains 27 years of age, notwithstanding any contrary certification made under such section.
(c)
Special rule— With respect to funds made available by reason of subsection (a) that are used during the COVID–19 public health emergency period to support activities due to the COVID–19 pandemic, the Secretary may not require any State to provide proof of a direct connection to the pandemic if doing so would be administratively burdensome or would otherwise delay or impede the ability of the State to serve foster youth.
(d)
Programmatic flexibilities— During the COVID–19 public health emergency period:
(1)
Suspension of certain requirements under the education and training voucher program— The Secretary shall allow a State to waive the applicability of the requirement in section 477(i)(3) of the Social Security Act that a youth must be enrolled in a postsecondary education or training program or making satisfactory progress toward completion of that program if a youth is unable to do so due to the COVID–19 public health emergency.
(2)
Authority to use vouchers to maintain training and postsecondary education— A voucher provided under a State educational and training voucher program under section 477(i) of the Social Security Act may be used for maintaining training and postsecondary education, including less than full-time matriculation costs or other expenses that are not part of the cost of attendance but would help support youth in remaining enrolled as described in paragraph (1) of this subsection.
(3)
Authority to waive limitations on percentage of funds used for housing assistance and eligibility for such assistance— Notwithstanding section 477(b)(3)(B) of the Social Security Act, a State may use—
(A)
more than 30 percent of the amounts paid to the State from its allotment under section 477(c)(1) of such Act for a fiscal year, for room or board payments; and
(B)
any of such amounts for youth otherwise eligible for services under section 477 of such Act who—
(i)
have attained 18 years of age and not 27 years of age; and
(ii)
experienced foster care at 14 years of age or older.
(4)
Authority to provide driving and transportation assistance—
(A)
Use of funds— Funds provided under section 477 of the Social Security Act may be used to provide driving and transportation assistance to youth described in paragraph (3)(B) who have attained 15 years of age with costs related to obtaining a driver’s license and driving lawfully in a State (such as vehicle insurance costs, driver’s education class and testing fees, practice lessons, practice hours, license fees, roadside assistance, deductible assistance, and assistance in purchasing an automobile).
(B)
Maximum allowance— The amount of the assistance provided for each eligible youth under subparagraph (A) shall not exceed $4,000 per year, and any assistance so provided shall be disregarded for purposes of determining the recipient’s eligibility for, and the amount of, any other Federal or federally-supported assistance, except that the State agency shall take appropriate steps to prevent duplication of benefits under this and other Federal or federally-supported programs.
(C)
Report to the Congress— Within 6 months after the end of the expenditure period, the Secretary shall submit to the Congress a report on the extent to which, and the manner in which, the funds to which subsection (a)(3) applies were used to provide technical assistance to State child welfare programs, monitor State performance and foster youth outcomes, and evaluate program effectiveness.

Sec. 404 Preventing aging out of foster care during the pandemic

(a)
Addressing foster care age restrictions during the pandemic— A State operating a program under part E of title IV of the Social Security Act may not require a child who is in foster care under the responsibility of the State to leave foster care solely by reason of the child’s age. A child may not be found ineligible for foster care maintenance payments under section 472 of such Act solely due to the age of the child or the failure of the child to meet a condition of section 475(8)(B)(iv) of such Act before October 1, 2021.
(b)
Re-entry to foster care for youth who age out during the pandemic— A State operating a program under the State plan approved under part E of title IV of the Social Security Act (and without regard to whether the State has exercised the option provided by section 475(8)(B) of such Act to extend assistance under such part to older children) shall—
(1)
permit any youth who left foster care due to age during the COVID–19 public health emergency to voluntarily re-enter foster care;
(2)
provide to each such youth who was formally discharged from foster care during the COVID–19 public health emergency, a notice designed to make the youth aware of the option to return to foster care;
(3)
facilitate the voluntary return of any such youth to foster care; and
(4)
conduct a public awareness campaign about the option to voluntarily re-enter foster care for youth who have not attained 22 years of age, who aged out of foster care in fiscal year 2020 or fiscal year 2021, and who are otherwise eligible to return to foster care.
(c)
Protections for youth in foster care— A State operating a program under the State plan approved under part E of title IV of the Social Security Act shall—
(1)
continue to ensure that the safety, permanence, and well-being needs of older foster youth, including youth who remain in foster care and youth who age out of foster care during that period but who re-enter foster care pursuant to this section, are met; and
(2)
work with any youth who remains in foster care after attaining 18 years of age (or such greater age as the State may have elected under section 475(8)(B)(iii) of such Act) to develop, or review and revise, a transition plan consistent with the plan referred to in section 475(5)(H) of such Act, and assist the youth with identifying adults who can offer meaningful, permanent connections.
(d)
Authority to use additional funding for certain costs incurred to prevent aging out of, facilitating re-entry to, and protecting youth in care during the pandemic—
(1)
In general— Subject to paragraph (2) of this subsection, a State to which additional funds are made available as a result of section 3(a) may use the funds to meet any costs incurred in complying with subsections (a), (b), and (c) of this section.
(2)
Restrictions—
(A)
The costs referred to in paragraph (1) must be incurred after the date of the enactment of this section and before October 1, 2021.
(B)
The costs of complying with subsection (a) or (c) of this section must not be incurred on behalf of children eligible for foster care maintenance payments under section 472 of the Social Security Act, including youth who have attained 18 years of age who are eligible for the payments by reason of the temporary waiver of the age requirement or the conditions of section 475(8)(B)(iv) of such Act.
(C)
A State shall make reasonable efforts to ensure that eligibility for foster care maintenance payments under section 472 of the Social Security Act is determined when a youth remains in, or re-enters, foster care as a result of the State complying with subsections (a) and (c) of this section.
(D)
A child who re-enters care during the COVID–19 public health emergency period may not be found ineligible for foster care maintenance payments under section 472 of the Social Security Act solely due to age or the requirements of section 475(8)(B)(iv) of such Act before October 1, 2021.
(e)
Termination of certain provisions— The preceding provisions of this section shall have no force or effect after September 30, 2021.

Sec. 405 Family First Prevention Services Program pandemic flexibility

During the COVID–19 public health emergency period, each percentage specified in subparagraphs (A)(i) and (B) of section 474(a)(6) of the Social Security Act is deemed to be 100 percent.

Sec. 406 Emergency funding for the Marylee Allen Promoting Safe and Stable Families Program

(a)
In general— Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated $85,000,000 to carry out section 436(a) of the Social Security Act for fiscal year 2020, in addition to any amounts otherwise made available for such purpose. For purposes of section 436(b) of such Act, the amount made available by the preceding sentence shall be considered part of the amount specified in such section 436(a).
(b)
Inapplicability of State matching requirement to additional funds— In making payments under section 434(a) of the Social Security Act from the additional funds made available as a result of subsection (a) of this section, the percentage specified in section 434(a)(1) of such Act is deemed to be 100 percent.
(c)
Conforming amendments— Section 436 of the Social Security Act (42 U.S.C. 629f) is amended in each of subsections (a), (b)(4), and (b)(5) by striking “2021” and inserting “2022”.

Sec. 407 Court Improvement Program

(a)
Reservation of funds— Of the additional amounts made available by reason of section 406 of this title, the Secretary shall reserve $10,000,000 for grants under subsection (b) of this section, which shall be considered to be made under section 438 of the Social Security Act.
(b)
Distribution of funds—
(1)
In general— From the amounts reserved under subsection (a) of this section, the Secretary shall—
(A)
reserve not more than $500,000 for Tribal court improvement activities; and
(B)
from the amount remaining after the application of subparagraph (A), make a grant to each highest State court that is approved to receive a grant under section 438 of the Social Security Act for the purpose described in section 438(a)(3) of such Act, for fiscal year 2020.
(2)
Amount— The amount of the grant awarded to a highest State court under this subsection shall be the sum of—
(A)
$85,000; and
(B)
the amount that bears the same ratio to the amount reserved under subsection (a) that remains after the application of paragraph (1)(A) and subparagraph (A) of this paragraph, 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 the highest courts of which were awarded a grant under this subsection (based on the most recent year for which data are available from the Bureau of the Census).
(3)
Other rules—
(A)
In general— The grants awarded to the highest State courts under this subsection shall be in addition to any grants made to the courts under section 438 of the Social Security Act for any fiscal year.
(B)
No additional application— The Secretary shall award grants to the highest State courts under this subsection without requiring the courts to submit an additional application.
(C)
Reports— The Secretary may establish reporting criteria specific to the grants awarded under this subsection.
(D)
Redistribution of funds— If a highest State court does not accept a grant awarded under this subsection, or does not agree to comply with any reporting requirements imposed under subparagraph (C) or the use of funds requirements specified in subsection (c), the Secretary shall redistribute the grant funds that would have been awarded to that court under this subsection among the other highest State courts that are awarded grants under this subsection and agree to comply with the reporting and use of funds requirements.
(E)
No matching requirement— The limitation on the use of funds specified in section 438(d) of such Act shall not apply to the grants awarded under this section.
(c)
Use of funds— A highest State court awarded a grant under subsection (b) shall use the grant funds to address needs stemming from the COVID–19 public health emergency, which may include any of the following:
(1)
Technology investments to facilitate the transition to remote hearings for dependency courts when necessary as a direct result of the COVID–19 public health emergency.
(2)
Training for judges, attorneys, and caseworkers on facilitating and participating in remote hearings that comply with due process and all applicable law, ensure child safety and well-being, and help inform judicial decision-making.
(3)
Programs to help families address aspects of the case plan to avoid delays in legal proceedings that would occur as a direct result of the COVID–19 public health emergency.
(4)
Other purposes to assist courts, court personnel, or related staff related to the COVID–19 public health emergency.
(d)
Conforming amendments— Section 438 of the Social Security Act (42 U.S.C. 629h) is amended in each of subsections (c)(1) and (d) by striking “2021” and inserting “2022”.

Sec. 408 Kinship navigator programs pandemic flexibility

(a)
Inapplicability of matching funds requirements— During the COVID–19 public health emergency period, the percentage specified in section 474(a)(7) of the Social Security Act is deemed to be 100 percent.
(b)
Waiver of evidence standard— During the COVID–19 public health emergency period, the requirement in section 474(a)(7) of the Social Security Act that the Secretary determine that a kinship navigator program be operated in accordance with promising, supported, or well-supported practices that meet the applicable criteria specified for the practices in section 471(e)(4)(C) of such Act shall have no force or effect.
(c)
Other allowable uses of funds— A State may use funds provided to carry out a kinship navigator program—
(1)
for evaluations, independent systematic review, and related activities;
(2)
to provide short-term support to kinship families for direct services or assistance during the COVID–19 public health emergency period; and
(3)
to ensure that kinship caregivers have the information and resources to allow kinship families to function at their full potential, including—
(A)
ensuring that those who are at risk of contracting COVID–19 have access to information and resources for necessities, including food, safety supplies, and testing and treatment for COVID–19;
(B)
access to technology and technological supports needed for remote learning or other activities that must be carried out virtually due to the COVID–19 public health emergency;
(C)
health care and other assistance, including legal assistance and assistance with making alternative care plans for the children in their care if the caregivers were to become unable to continue caring for the children;
(D)
services to kinship families, including kinship families raising children outside of the foster care system; and
(E)
assistance to allow children to continue safely living with kin.
(d)
Territory cap exemption— Section 1108(a)(1) of the Social Security Act shall be applied without regard to any amount paid to a territory pursuant to this section that would not have been paid to the territory in the absence of this section.

Sec. 409 Adjustment of funding certainty baselines for Family First Transition Act funding certainty grants

Section 602(c)(2) of division N of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) is amended—
(1)
in subparagraph (C), in the matter preceding clause (i), by striking “The calculation” and inserting “Except as provided in subparagraph (G), the calculation”; and
(2)
by adding at the end the following:

“(G) Adjustment of funding certainty baselines

“(i) Hold harmless for temporary increase in fmap—For each fiscal year specified in subparagraph (B), the Secretary shall increase the maximum capped allocation for fiscal year 2019 or the final cost neutrality limit for fiscal year 2018 for a State or sub-State jurisdiction referred to in subparagraph (A)(i), by the amount equal to the difference between—

“(I) the amount of the foster care maintenance payments portion of such maximum capped allocation or final cost neutrality limit; and

“(II) the amount that the foster care maintenance payments portion of such maximum capped allocation or final cost neutrality limit would be if the Federal medical assistance percentage applicable to the State under clause (ii) for the fiscal year so specified were used to determine the amount of such portion.

“(ii) Applicable Federal medical assistance percentage—For purposes of clause (i)(II), the Federal medical assistance percentage applicable to a State for a fiscal year specified in subparagraph (B) is the average of the values of the Federal medical assistance percentage applicable to the State in each quarter of such fiscal year under section 474(a)(1) of the Social Security Act (42 U.S.C. 674(a)(1)) after application of any temporary increase in the Federal medical assistance percentage for the State and quarter under section 6008 of the Families First Coronavirus Response Act (42 U.S.C. 1396d note) and any other Federal legislation enacted during the period that begins on July 1, 2020, and ends on September 30, 2021.”

Sec. 410 Technical correction to temporary increase of Medicaid FMAP

Section 6008 of the Families First Coronavirus Response Act (Public Law 116–127) is amended by adding at the end the following:

“(e) Application to title IV–E payments—If the District of Columbia receives the increase described in subsection (a) in the Federal medical assistance percentage for the District of Columbia with respect to a quarter, the Federal medical assistance percentage for the District of Columbia, as so increased, shall apply to payments made to the District of Columbia under part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.) for that quarter, and the payments under such part shall be deemed to be made on the basis of the Federal medical assistance percentage applied with respect to such District for purposes of title XIX of such Act (42 U.S.C. 1396 et seq.) and as increased under subsection (a).”

V Pandemic State Flexibilities

Sec. 501 Emergency flexibility for State TANF programs

(a)
State programs— Sections 407(a), 407(e)(1), and 408(a)(7)(A) 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 section 409(d) 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 January 31, 2021.
(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) or other work-related activity as defined by a State or tribal program funded under part A of title IV of such Act.
(3)
Other terms— Each other term has the meaning given the term in section 419 of the Social Security Act.

Sec. 502 Emergency flexibility for child support programs

(a)
In general— With respect to the period that begins on March 1, 2020, and ends January 31, 2021:
(1)
Sections 408(a)(2), 409(a)(5), and 409(a)(8) of the Social Security Act shall have no force or effect.
(2)
Notwithstanding section 466(d) of such Act, the Secretary of Health and Human Services (in this subsection referred to as the “Secretary”) may exempt a State from any requirement of section 466 of such Act to respond to the COVID–19 pandemic, except that the Secretary may not exempt a State from any requirement to—
(A)
provide a parent with notice of a right to request a review and, if appropriate, adjustment of a support order; or
(B)
afford a parent the opportunity to make such a request.
(3)
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.
(4)
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.
(5)
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) or 454B(c)(1) of such Act.
(6)
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.
(7)
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)
Clarification of performance incentive payment calculation— Notwithstanding paragraph (3) of section 458(b) of the Social Security Act, the State incentive payment share for each of fiscal years 2020 and 2021 for purposes of such section shall be the State incentive payment share determined under such section for fiscal year 2019.
(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 such Act.