[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2777 Introduced in Senate (IS)]

<DOC>






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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Family First Transition Act''.

SEC. 2. EVIDENCE STANDARD TRANSITION.

    (a) Temporary Suspension of Requirement That at Least 50 Percent of 
a State's Reimbursement for Prevention and Family Services and Programs 
Be for Programs and Services That Meet the Well-Supported Practice 
Requirement.--With respect to quarters in fiscal years 2020 and 2021, 
section 474(a)(6)(A) of the Social Security Act shall be applied 
without regard to clause (ii) of such section.
    (b) Supported Practices Temporarily Treated as Well-Supported 
Practices.--With respect to quarters in fiscal years 2022 and 2023, 
practices that meet the criteria specified for supported practices in 
section 471(e)(4)(C) of the Social Security Act shall be considered 
well-supported practices for purposes of section 474(a)(6)(A)(ii) of 
such Act.

SEC. 3. ENHANCED FUNDING FOR TRANSITION ACTIVITIES.

    (a) Transition Funding.--
            (1) Appropriation.--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 (in 
        this Act referred to as the ``Secretary'') to carry out this 
        subsection $500,000,000 for fiscal year 2020, which shall 
        remain available through fiscal year 2021.
            (2) Distribution of funds.--
                    (A) In general.--The Secretary shall allot the 
                amount appropriated by paragraph (1) of this subsection 
                in accordance with section 423 of the Social Security 
                Act, and shall pay each State to which an allotment is 
                so made, the total amount so allotted, subject to 
                subparagraph (B) of this paragraph.
                    (B) Reservation of funds for indian tribes and 
                tribal organizations.--Before applying subparagraph (A) 
                of this paragraph, the Secretary shall reserve 3 
                percent of the amount appropriated by paragraph (1) of 
                this subsection for allotment to the Indian tribes and 
                tribal organizations with a plan approved under subpart 
                1 of part B of title IV of the Social Security Act, 
                based on each tribe or tribal organization's share of 
                the total tribal child population among all such tribes 
                and tribal organizations.
    (b) Funding Certainty for States With Expiring Demonstration 
Projects.--
            (1) In general.--Out of any money in the Treasury of the 
        United States not otherwise appropriated, there are 
        appropriated to the Secretary, for payment to each State that 
        was operating a demonstration project approved under section 
        1130 of the Social Security Act on September 30, 2019, for each 
        fiscal year specified in paragraph (2) of this subsection, an 
        amount equal to the amount (if any) by which--
                    (A)(i) the applicable percentage for the fiscal 
                year so specified of the maximum capped allocation due 
                to the State or sub-State jurisdiction for fiscal year 
                2019 for foster care maintenance, administration, or 
                training costs, under the demonstration project, as 
                specified in section 4.3 of the State waiver terms and 
                conditions document capped allocation payment table in 
                effect on August 31, 2019; or
                    (ii) if the terms and conditions do not specify a 
                maximum amount payable for fiscal year 2019 for the 
                State or sub-State jurisdiction (due to the use of a 
                comparison jurisdiction to ensure cost neutrality), the 
                final cost neutrality limit for the State or sub-State 
                jurisdiction for fiscal year 2018, as most recently 
                reported by the State or sub-State jurisdiction as of 
                September 30, 2019, for foster care maintenance, 
                administration, or training costs under the 
                demonstration project that were included in the waiver; 
                exceeds
                    (B) the total amount payable to the State or sub-
                State jurisdiction under part E of title IV of such Act 
                for the fiscal year so specified for foster care 
                expenditures (whether payable under paragraph (1) or 
                (3) of section 474(a) of such Act) that were 
                maintenance, administration, or training costs of the 
                demonstration project taken into account by the 
                Secretary in determining the total amount referred to 
                in subparagraph (A) of this paragraph.
            (2) Applicable percentage defined.--In this paragraph, the 
        term ``applicable percentage'' means--
                    (A) 90 percent, in the case of fiscal year 2020; or
                    (B) 75 percent, in the case of fiscal year 2021.
            (3) Special rule.--The calculation under paragraph (1) with 
        respect to a State shall be made without regard to--
                    (A) any change approved after August 31, 2019, in 
                the capped allocation or the terms and conditions 
                referred to in subparagraph (A) with respect to the 
                State; or
                    (B) any change made after such date to the 
                financial form submitted by the State that is used in 
                determining the capped allocation.
            (4) Distribution of funds.--Each State that receives funds 
        under this subsection shall distribute the funds to 
        jurisdictions in the State that were operating demonstration 
        projects under section 1130 of the Social Security Act in a 
        manner consistent with each sub-State jurisdiction's 
        proportionate loss as compared with fiscal year 2019.
            (5) Reconciliation process.--Each State seeking a payment 
        under this subsection shall report expenditures pursuant to 
        part E of title IV of the Social Security Act in a manner 
        determined by the Secretary and the Secretary shall account for 
        any revisions to spending for fiscal years 2020 and 2021 after 
        the end of the respective fiscal year that are reported by the 
        State agency administering the State plan approved under such 
        part, and received by the Department of Health and Human 
        Services, within 2 years after the last day of the fiscal 
        quarter in which the expenditure was made.
            (6) Availability of funds.--The amounts made available for 
        payments to States under this subsection for a fiscal year 
        shall remain available through the end of the third succeeding 
        fiscal year.
    (c) Use of Funds.--
            (1) In general.--In addition to the purposes specified in 
        part B of title IV of the Social Security Act, a State may use 
        funds provided under this section for activities previously 
        funded under a demonstration project under section 1130 of such 
        Act to reduce any adverse fiscal impacts as jurisdictions 
        transition funding sources for the projects, and for activities 
        directly associated with the implementation of title VII of 
        division E of Public Law 115-123 (also known as the Family 
        First Prevention Services Act).
            (2) Limitation.--None of the funds provided under this 
        section may be used to match Federal funds under any program.

SEC. 4. REPORTING ON ENHANCED FUNDING FOR TRANSITION ACTIVITIES.

    (a) In General.--Each State to which funds are paid under section 3 
of this Act shall submit to the Secretary, in a manner specified by the 
Secretary, a written report on--
            (1) how the grant is used to implement each part of title 
        VII of division E of Public Law 115-123 (also known as the 
        Family First Prevention Services Act), with a separate 
        statement with respect to each such part;
            (2) all programs, services, and operational costs to which 
        the grant is put;
            (3) the characteristics of the families and children served 
        by use of the grant; and
            (4)(A) the use by the State of amounts provided for each 
        fiscal year to continue activities previously funded under a 
        waiver provided under section 1130 of the Social Security Act; 
        and
            (B)(i) the plan of the State to transition the activities 
        so that needed activities can be provided under the State plan 
        approved under part E of title IV of the Social Security Act; 
        or
            (ii) if expenditures for the activities would not be 
        eligible for payment under the State plan approved under such 
        part E--
                    (I) the reason therefor; and
                    (II) the funding sources the State plans to use to 
                cover the costs of needed activities.
    (b) Applicability of Other Laws.--For purposes of subpart 2 of part 
B of title IV of the Social Security Act, each report required by 
subsection (a) of this section shall be considered to be required by 
section 432(a)(8) of such Act, and shall contain such additional 
information as the Secretary may require.

SEC. 5. DEFINITION OF STATE.

    In this Act, the term ``State'' has the meaning given the term in 
section 431(a)(4) of the Social Security Act.

SEC. 6. RENAMING OF TITLE IV-B-2 OF THE SOCIAL SECURITY ACT.

    The subpart heading for subpart 2 of part B of title IV of the 
Social Security Act is amended by striking ``Promoting Safe and Stable 
Families'' and inserting ``MaryLee Allen Promoting Safe and Stable 
Families Program''.

SEC. 7. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect as 
if included in the Bipartisan Budget Act of 2018 on the date of the 
enactment of such Act.

SEC. 8. TECHNICAL CORRECTION.

    Section 50701 of the Bipartisan Budget Act of 2018 (42 U.S.C. 1305 
note; Public Law 115-123) is amended by striking ``Bipartisan Budget 
Act of 2018'' and inserting ``Family First Prevention Services Act''.
                                 <all>