Family First Transition Assistance Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 3017 To amend parts B and E of title IV of the Social Security Act to provide resources to implement the programmatic changes necessary to meet the requirements of the Family First Prevention Services Act, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 23, 2019 Mr. WENSTRUP introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend parts B and E of title IV of the Social Security Act to provide resources to implement the programmatic changes necessary to meet the requirements of the Fam- ily First Prevention Services Act, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Family First Transi- 4 tion Assistance Act of 2019’’. 5 SEC. 2. FINDING. 6 The Congress finds that the Department of Health 7 and Human Services has full authority to execute section 8 VerDate Sep 11 2014 00:45 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3017.IH H3017 kjohnson on DSK79L0C42 with BILLS 2 •HR 3017 IH 50711 of Public Law 115–123, giving certainty to States 1 and expediting help to children and families. 2 SEC. 3. PHASE-IN OF 50 PERCENT WELL-SUPPORTED PRE- 3 VENTION PRACTICES REQUIREMENT. 4 Section 474(a)(6)(A)(ii) of the Social Security Act 5 (42 U.S.C. 674(a)(6)(A)(ii)) is amended to read as fol- 6 lows: 7 ‘‘(ii)(I) not less than the applicable 8 percentage of the total amount expended 9 by a State under clause (I) for a fiscal 10 year shall be for the provision of services 11 or programs specified in subparagraph (A) 12 or (B) of section 471(e)(1) that are pro- 13 vided in accordance with well-supported 14 practices; and 15 ‘‘(II) for purposes of subclause (I), 16 the term ‘applicable percentage’ means— 17 ‘‘(aa) 0 percent, in the case of 18 each of fiscal years 2020 through 19 2023; 20 ‘‘(bb) 20 percent, in the case of 21 fiscal years 2024 and 2025; 22 ‘‘(cc) 35 percent, in the case of 23 fiscal years 2026 and 2027; and 24 VerDate Sep 11 2014 00:45 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3017.IH H3017 kjohnson on DSK79L0C42 with BILLS 3 •HR 3017 IH ‘‘(dd) 50 percent, in the case of 1 fiscal year 2028 and each succeeding 2 fiscal year; plus’’. 3 SEC. 4. SUPPORT FOR FOSTER FAMILY HOMES. 4 Section 436(c) of the Social Security Act (42 U.S.C. 5 629f(c)) is amended to read as follows: 6 ‘‘(c) SUPPORT FOR FOSTER FAMILY HOMES.—Out 7 of any money in the Treasury of the United States not 8 otherwise appropriated, there are appropriated to the Sec- 9 retary for each of fiscal years 2020 through 2024 10 $20,000,000 for the Secretary to make competitive grants 11 to States, Indian tribes, or tribal consortia to support the 12 recruitment and retention of high-quality foster families 13 to increase their capacity to place more children in family 14 settings. The grants shall be focused on States, Indian 15 tribes, or tribal consortia with the highest percentage of 16 children in non-family settings.’’. 17 SEC. 5. SUPPORT TO INCREASE QUALITY FAMILY AND RESI- 18 DENTIAL CARE SETTINGS. 19 Section 436 of the Social Security Act (42 U.S.C. 20 629f) is amended by adding at the end the following: 21 ‘‘(d) SUPPORT TO INCREASE QUALITY FAMILY AND 22 RESIDENTIAL CARE SETTINGS.—Out of any money in the 23 Treasury of the United States not otherwise appropriated, 24 there are appropriated to the Secretary for each of fiscal 25 VerDate Sep 11 2014 00:45 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3017.IH H3017 kjohnson on DSK79L0C42 with BILLS 4 •HR 3017 IH years 2020 through 2024 $20,000,000 for the Secretary 1 to make competitive grants to States, Indian tribes, or 2 tribal consortia to improve State capacity to offer thera- 3 peutic treatment foster family homes and licensed residen- 4 tial family-based facilities for substance abuse treatment 5 and mental health care. The grants shall be focused on 6 States, Indian tribes, or tribal consortia with the greatest 7 need for services, accreditation, and capacity.’’. 8 SEC. 6. TEMPORARY ENHANCED MATCH FOR PLANNING, 9 DESIGN, DEVELOPMENT, OR INSTALLATION 10 OF STATEWIDE DATA COLLECTION AND IN- 11 FORMATION RETRIEVAL SYSTEMS. 12 (a) IN GENERAL.—Section 474(a)(3)(C) of the Social 13 Security Act (42 U.S.C. 674(a)(3)(C)) is amended by 14 striking ‘‘50’’ each place it appears and inserting ‘‘75’’. 15 (b) ELIMINATION.—Effective October 1, 2022, sec- 16 tion 474(a)(3)(C) of such Act (42 U.S.C. 674(a)(3)(C)), 17 as amended by subsection (a) of this section, is amended 18 by striking ‘‘75’’ each place it appears and inserting ‘‘50’’. 19 SEC. 7. PAY-FOR. 20 Section 403(b)(2) of the Social Security Act (42 21 U.S.C. 603(b)(2)) is amended by striking ‘‘2018 such 22 sums as are necessary for payment to the Fund in a total 23 amount not to exceed $608,000,000’’ and inserting ‘‘2020 24 VerDate Sep 11 2014 00:45 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3017.IH H3017 kjohnson on DSK79L0C42 with BILLS 5 •HR 3017 IH such sums as are necessary for payment to the Fund in 1 a total amount not to exceed $568,000,000’’. 2 SEC. 8. EFFECTIVE DATE. 3 (a) IN GENERAL.—Except as otherwise provided in 4 this Act, the amendments made by this Act shall take ef- 5 fect on October 1, 2019. 6 (b) IN GENERAL.—In the case of a State plan under 7 part B or E of title IV of the Social Security Act which 8 the Secretary of Health and Human Services determines 9 requires State legislation (other than legislation appro- 10 priating funds) in order for the plan to meet the additional 11 requirements imposed by the amendments made by this 12 Act, the State plan shall not be regarded as failing to com- 13 ply with the requirements of such part solely on the basis 14 of the failure of the plan to meet the additional require- 15 ments before the first day of the first calendar quarter 16 beginning after the close of the first regular session of the 17 State legislature that begins after the date of the enact- 18 ment of this Act. For purposes of the preceding sentence, 19 in the case of a State that has a 2-year legislative session, 20 each year of the session shall be deemed to be a separate 21 regular session of the State legislature. 22 (c) APPLICATION TO PROGRAMS OPERATED BY IN- 23 DIAN TRIBAL ORGANIZATIONS.—In the case of an Indian 24 tribe, tribal organization, or tribal consortium which the 25 VerDate Sep 11 2014 00:45 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3017.IH H3017 kjohnson on DSK79L0C42 with BILLS 6 •HR 3017 IH Secretary of Health and Human Services determines re- 1 quires time to take action necessary to comply with the 2 additional requirements imposed by the amendments made 3 by this Act (whether the tribe, organization, or tribal con- 4 sortium has a plan under section 479B of the Social Secu- 5 rity Act or a cooperative agreement or contract entered 6 into with a State), the Secretary shall provide the tribe, 7 organization, or tribal consortium with such additional 8 time as the Secretary determines is necessary for the tribe, 9 organization, or tribal consortium to take the action to 10 comply with the additional requirements before being re- 11 garded as failing to comply with the requirements. 12 Æ VerDate Sep 11 2014 00:45 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H3017.IH H3017 kjohnson on DSK79L0C42 with BILLS