Family First Transition Act

II 116TH CONGRESS 1ST SESSION S. 2777 To assist States, tribes, territories, counties, and cities in implementing the Family First Prevention Services Act, and for other purposes. IN THE SENATE OF THE UNITED STATES NOVEMBER 5, 2019 Mr. GRASSLEY (for himself and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To assist States, tribes, territories, counties, and cities in implementing the Family 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 Act’’. 5 SEC. 2. EVIDENCE STANDARD TRANSITION. 6 (a) TEMPORARY SUSPENSION OF REQUIREMENT 7 THAT AT LEAST 50 PERCENT OF A STATE’S REIMBURSE- 8 MENT FOR PREVENTION AND FAMILY SERVICES AND 9 PROGRAMS BE FOR PROGRAMS AND SERVICES THAT 10 VerDate Sep 11 2014 04:02 Nov 06, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2777.IS S2777 kjohnson on DSK79L0C42 with BILLS 2 •S 2777 IS MEET THE WELL-SUPPORTED PRACTICE REQUIRE- 1 MENT.—With respect to quarters in fiscal years 2020 and 2 2021, section 474(a)(6)(A) of the Social Security Act shall 3 be applied without regard to clause (ii) of such section. 4 (b) SUPPORTED PRACTICES TEMPORARILY TREATED 5 AS WELL-SUPPORTED PRACTICES.—With respect to quar- 6 ters in fiscal years 2022 and 2023, practices that meet 7 the criteria specified for supported practices in section 8 471(e)(4)(C) of the Social Security Act shall be considered 9 well-supported practices for purposes of section 10 474(a)(6)(A)(ii) of such Act. 11 SEC. 3. ENHANCED FUNDING FOR TRANSITION ACTIVITIES. 12 (a) TRANSITION FUNDING.— 13 (1) APPROPRIATION.—Out of any money in the 14 Treasury of the United States not otherwise appro- 15 priated, there are appropriated to the Secretary of 16 Health and Human Services (in this Act referred to 17 as the ‘‘Secretary’’) to carry out this subsection 18 $500,000,000 for fiscal year 2020, which shall re- 19 main available through fiscal year 2021. 20 (2) DISTRIBUTION OF FUNDS.— 21 (A) IN GENERAL.—The Secretary shall 22 allot the amount appropriated by paragraph (1) 23 of this subsection in accordance with section 24 423 of the Social Security Act, and shall pay 25 VerDate Sep 11 2014 04:02 Nov 06, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2777.IS S2777 kjohnson on DSK79L0C42 with BILLS 3 •S 2777 IS each State to which an allotment is so made, 1 the total amount so allotted, subject to subpara- 2 graph (B) of this paragraph. 3 (B) RESERVATION OF FUNDS FOR INDIAN 4 TRIBES AND TRIBAL ORGANIZATIONS.—Before 5 applying subparagraph (A) of this paragraph, 6 the Secretary shall reserve 3 percent of the 7 amount appropriated by paragraph (1) of this 8 subsection for allotment to the Indian tribes 9 and tribal organizations with a plan approved 10 under subpart 1 of part B of title IV of the So- 11 cial Security Act, based on each tribe or tribal 12 organization’s share of the total tribal child 13 population among all such tribes and tribal or- 14 ganizations. 15 (b) FUNDING CERTAINTY FOR STATES WITH EXPIR- 16 ING DEMONSTRATION PROJECTS.— 17 (1) IN GENERAL.—Out of any money in the 18 Treasury of the United States not otherwise appro- 19 priated, there are appropriated to the Secretary, for 20 payment to each State that was operating a dem- 21 onstration project approved under section 1130 of 22 the Social Security Act on September 30, 2019, for 23 each fiscal year specified in paragraph (2) of this 24 VerDate Sep 11 2014 04:02 Nov 06, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2777.IS S2777 kjohnson on DSK79L0C42 with BILLS 4 •S 2777 IS subsection, an amount equal to the amount (if any) 1 by which— 2 (A)(i) the applicable percentage for the fis- 3 cal year so specified of the maximum capped al- 4 location due to the State or sub-State jurisdic- 5 tion for fiscal year 2019 for foster care mainte- 6 nance, administration, or training costs, under 7 the demonstration project, as specified in sec- 8 tion 4.3 of the State waiver terms and condi- 9 tions document capped allocation payment table 10 in effect on August 31, 2019; or 11 (ii) if the terms and conditions do not 12 specify a maximum amount payable for fiscal 13 year 2019 for the State or sub-State jurisdic- 14 tion (due to the use of a comparison jurisdic- 15 tion to ensure cost neutrality), the final cost 16 neutrality limit for the State or sub-State juris- 17 diction for fiscal year 2018, as most recently re- 18 ported by the State or sub-State jurisdiction as 19 of September 30, 2019, for foster care mainte- 20 nance, administration, or training costs under 21 the demonstration project that were included in 22 the waiver; exceeds 23 (B) the total amount payable to the State 24 or sub-State jurisdiction under part E of title 25 VerDate Sep 11 2014 04:02 Nov 06, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2777.IS S2777 kjohnson on DSK79L0C42 with BILLS 5 •S 2777 IS IV of such Act for the fiscal year so specified 1 for foster care expenditures (whether payable 2 under paragraph (1) or (3) of section 474(a) of 3 such Act) that were maintenance, administra- 4 tion, or training costs of the demonstration 5 project taken into account by the Secretary in 6 determining the total amount referred to in 7 subparagraph (A) of this paragraph. 8 (2) APPLICABLE PERCENTAGE DEFINED.—In 9 this paragraph, the term ‘‘applicable percentage’’ 10 means— 11 (A) 90 percent, in the case of fiscal year 12 2020; or 13 (B) 75 percent, in the case of fiscal year 14 2021. 15 (3) SPECIAL RULE.—The calculation under 16 paragraph (1) with respect to a State shall be made 17 without regard to— 18 (A) any change approved after August 31, 19 2019, in the capped allocation or the terms and 20 conditions referred to in subparagraph (A) with 21 respect to the State; or 22 (B) any change made after such date to 23 the financial form submitted by the State that 24 is used in determining the capped allocation. 25 VerDate Sep 11 2014 04:02 Nov 06, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2777.IS S2777 kjohnson on DSK79L0C42 with BILLS 6 •S 2777 IS (4) DISTRIBUTION OF FUNDS.—Each State 1 that receives funds under this subsection shall dis- 2 tribute the funds to jurisdictions in the State that 3 were operating demonstration projects under section 4 1130 of the Social Security Act in a manner con- 5 sistent with each sub-State jurisdiction’s propor- 6 tionate loss as compared with fiscal year 2019. 7 (5) RECONCILIATION PROCESS.—Each State 8 seeking a payment under this subsection shall report 9 expenditures pursuant to part E of title IV of the 10 Social Security Act in a manner determined by the 11 Secretary and the Secretary shall account for any 12 revisions to spending for fiscal years 2020 and 2021 13 after the end of the respective fiscal year that are 14 reported by the State agency administering the 15 State plan approved under such part, and received 16 by the Department of Health and Human Services, 17 within 2 years after the last day of the fiscal quarter 18 in which the expenditure was made. 19 (6) AVAILABILITY OF FUNDS.—The amounts 20 made available for payments to States under this 21 subsection for a fiscal year shall remain available 22 through the end of the third succeeding fiscal year. 23 (c) USE OF FUNDS.— 24 VerDate Sep 11 2014 04:02 Nov 06, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2777.IS S2777 kjohnson on DSK79L0C42 with BILLS 7 •S 2777 IS (1) IN GENERAL.—In addition to the purposes 1 specified in part B of title IV of the Social Security 2 Act, a State may use funds provided under this sec- 3 tion for activities previously funded under a dem- 4 onstration project under section 1130 of such Act to 5 reduce any adverse fiscal impacts as jurisdictions 6 transition funding sources for the projects, and for 7 activities directly associated with the implementation 8 of title VII of division E of Public Law 115–123 9 (also known as the Family First Prevention Services 10 Act). 11 (2) LIMITATION.—None of the funds provided 12 under this section may be used to match Federal 13 funds under any program. 14 SEC. 4. REPORTING ON ENHANCED FUNDING FOR TRANSI- 15 TION ACTIVITIES. 16 (a) IN GENERAL.—Each State to which funds are 17 paid under section 3 of this Act shall submit to the Sec- 18 retary, in a manner specified by the Secretary, a written 19 report on— 20 (1) how the grant is used to implement each 21 part of title VII of division E of Public Law 115– 22 123 (also known as the Family First Prevention 23 Services Act), with a separate statement with re- 24 spect to each such part; 25 VerDate Sep 11 2014 04:02 Nov 06, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2777.IS S2777 kjohnson on DSK79L0C42 with BILLS 8 •S 2777 IS (2) all programs, services, and operational costs 1 to which the grant is put; 2 (3) the characteristics of the families and chil- 3 dren served by use of the grant; and 4 (4)(A) the use by the State of amounts pro- 5 vided for each fiscal year to continue activities pre- 6 viously funded under a waiver provided under sec- 7 tion 1130 of the Social Security Act; and 8 (B)(i) the plan of the State to transition the ac- 9 tivities so that needed activities can be provided 10 under the State plan approved under part E of title 11 IV of the Social Security Act; or 12 (ii) if expenditures for the activities would not 13 be eligible for payment under the State plan ap- 14 proved under such part E— 15 (I) the reason therefor; and 16 (II) the funding sources the State plans to 17 use to cover the costs of needed activities. 18 (b) APPLICABILITY OF OTHER LAWS.—For purposes 19 of subpart 2 of part B of title IV of the Social Security 20 Act, each report required by subsection (a) of this section 21 shall be considered to be required by section 432(a)(8) of 22 such Act, and shall contain such additional information 23 as the Secretary may require. 24 VerDate Sep 11 2014 04:02 Nov 06, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2777.IS S2777 kjohnson on DSK79L0C42 with BILLS 9 •S 2777 IS SEC. 5. DEFINITION OF STATE. 1 In this Act, the term ‘‘State’’ has the meaning given 2 the term in section 431(a)(4) of the Social Security Act. 3 SEC. 6. RENAMING OF TITLE IV–B–2 OF THE SOCIAL SECU- 4 RITY ACT. 5 The subpart heading for subpart 2 of part B of title 6 IV of the Social Security Act is amended by striking 7 ‘‘Promoting Safe and Stable Families’’ and in- 8 serting ‘‘MaryLee Allen Promoting Safe and 9 Stable Families Program’’. 10 SEC. 7. EFFECTIVE DATE. 11 This Act and the amendments made by this Act shall 12 take effect as if included in the Bipartisan Budget Act 13 of 2018 on the date of the enactment of such Act. 14 SEC. 8. TECHNICAL CORRECTION. 15 Section 50701 of the Bipartisan Budget Act of 2018 16 (42 U.S.C. 1305 note; Public Law 115–123) is amended 17 by striking ‘‘Bipartisan Budget Act of 2018’’ and insert- 18 ing ‘‘Family First Prevention Services Act’’. 19 Æ VerDate Sep 11 2014 04:02 Nov 06, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\S2777.IS S2777 kjohnson on DSK79L0C42 with BILLS