Pandemic Protection Act

I 116TH CONGRESS 2D SESSION H. R. 6848 To temporarily preserve eligibility for foster care benefits, and suspend certain education and work requirements, for youth who would otherwise age out of eligibility for the benefits during a health emergency or disaster declared with respect to the coronavirus pandemic, and for other pur- poses. IN THE HOUSE OF REPRESENTATIVES MAY 13, 2020 Ms. BASS (for herself, Mr. BACON, Mr. LANGEVIN, Mrs. LAWRENCE, and Mr. MITCHELL) introduced the following bill; which was referred to the Com- mittee on Ways and Means A BILL To temporarily preserve eligibility for foster care benefits, and suspend certain education and work requirements, for youth who would otherwise age out of eligibility for the benefits during a health emergency or disaster de- clared with respect to the coronavirus pandemic, 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 VerDate Sep 11 2014 01:53 May 30, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6848.IH H6848 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 6848 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Pandemic Protection 2 for Transition-age Foster Youth Act’’ or the ‘‘Pandemic 3 Protection Act’’. 4 SEC. 2. TEMPORARY PRESERVATION OF ELIGIBILITY FOR 5 FOSTER CARE BENEFITS, AND SUSPENSION 6 OF CERTAIN EDUCATION AND WORK RE- 7 QUIREMENTS, FOR YOUTH WHO WOULD OTH- 8 ERWISE AGE OUT OF ELIGIBILITY FOR THE 9 BENEFITS DURING A HEALTH EMERGENCY 10 OR DISASTER DECLARED WITH RESPECT TO 11 THE CORONAVIRUS PANDEMIC. 12 (a) IN GENERAL.—During the applicable period— 13 (1) a State, Indian tribe, tribal organization, or 14 tribal consortium operating a program under a plan 15 approved under part E of title IV of the Social Secu- 16 rity Act shall not deny a foster care benefit to an 17 eligible youth; and 18 (2) section 475(8)(B)(iv) of such Act shall have 19 no force or effect. 20 (b) FEDERAL PAYMENTS.—For purposes of part E 21 of title IV of the Social Security Act, foster care mainte- 22 nance payments made by such a State, Indian tribe, tribal 23 organization, or tribal consortium for the benefit of an eli- 24 gible child in compliance with subsection (a) of this section 25 VerDate Sep 11 2014 01:53 May 30, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6848.IH H6848 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 6848 IH shall be considered to be made under section 472 of such 1 Act. 2 (c) DEFINITIONS.—In this section: 3 (1) APPLICABLE PERIOD.—The term ‘‘applica- 4 ble period’’ means the period that begins on the date 5 the Secretary of Health and Human Services de- 6 clared, pursuant to section 319 of the Public Health 7 Service Act, the public health emergency entitled 8 ‘‘Determination that a Public Health Emergency 9 Exists Nationwide as the Result of the 2019 Novel 10 Coronavirus’’, and ends 3 months after the later 11 of— 12 (A) the date the public health emergency 13 so declared terminates; or 14 (B) the end of the period covered by— 15 (i) the emergency declaration issued 16 by the President on March 13, 2020, pur- 17 suant to section 501(b) of the Robert T. 18 Stafford Disaster Relief and Emergency 19 Assistance Act (42 U.S.C. 5191(b)); and 20 (ii) any subsequent major disaster 21 declaration under section 401 of the Rob- 22 ert T. Stafford Disaster Relief and Emer- 23 gency Assistance Act (42 U.S.C. 5170) 24 that supersedes the emergency declaration 25 VerDate Sep 11 2014 01:53 May 30, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6848.IH H6848 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 6848 IH referred to in clause (i) of this subpara- 1 graph. 2 (2) ELIGIBLE YOUTH.—The term ‘‘eligible 3 youth’’ means, with respect to a foster care benefit, 4 a child who, as of January 1, 2020, was in foster 5 care under the responsibility of a State or an Indian 6 tribe or was a youth receiving any benefit under sec- 7 tion 477 of the Social Security Act, and who, in the 8 absence of this section, would become ineligible for 9 the benefit during the applicable period by reason of 10 age. 11 (3) FOSTER CARE BENEFIT.—The term ‘‘foster 12 care benefit’’ means— 13 (A) foster care under the responsibility of 14 a State or an Indian tribe; 15 (B) foster care maintenance payments 16 under section 472 of the Social Security Act; 17 and 18 (C) any benefit under section 477 of such 19 Act. 20 Æ VerDate Sep 11 2014 01:53 May 30, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H6848.IH H6848 kjohnson on DSK79L0C42PROD with BILLS