[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4172 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 4172
To provide emergency funding for child welfare services provided under
parts B and E of title IV of the Social Security Act, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 2, 2020
Mr. Brown (for himself, Ms. Harris, Mr. Casey, and Ms. Cortez Masto)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To provide emergency funding for child welfare services provided under
parts B and E of title IV of the Social Security 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Child Welfare
Emergency Assistance Act of 2020''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.
TITLE I--FUNDING FOR CHILD AND FAMILY SUPPORT SERVICES
Sec. 101. Funding for child and family services.
Sec. 102. Funding for kinship navigator programs.
Sec. 103. Funding for the John H. Chafee Foster Care Program for
Successful Transition to Adulthood.
Sec. 104. Funding for the child welfare court improvement program.
Sec. 105. Funding for health oversight and coordination plans.
TITLE II--OTHER SUPPORT FOR RESPONDING TO THE COVID-19 PUBLIC HEALTH
EMERGENCY
Sec. 201. State option to waive licensing requirement for purposes of
satisfying the 6-month residency
requirement for kinship guardianship
assistance payments.
Sec. 202. Moratorium on aging out of foster care.
Sec. 203. Temporary increase of matching rates for kinship guardianship
assistance payments, adoption assistance
payments for kin caregivers, and Family
First prevention services.
TITLE III--OTHER PROVISIONS
Sec. 301. COURTS Act.
Sec. 302. Requirement for de-escalation strategies relating to
interactions with law enforcement
authorities.
Sec. 303. Emergency designation.
SEC. 2. PURPOSE.
It is the purpose of this Act to provide funding for States and
Indian Tribes and tribal organizations to increase their ability to
meet the needs of children, youth, and families impacted by the COVID-
19 public health emergency through the provision of community-based
services and supports; to enhance resources and supports available to
kinship caregivers, child welfare caseworkers, and courts handling
child welfare proceedings; to place a moratorium on youth ``aging out''
of foster care; and to maximize the participation and supports made
available to racial and ethnic minorities, kinship care families,
families experiencing, or at risk of experiencing, homelessness,
families with low-incomes, families with recently unemployed
caregivers, young parents, and lesbian, gay, bisexual, transgender, and
queer youth.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Ways and Means of the House of Representatives and the
Committee on Finance of the Senate.
(2) 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 on January 31, 2020, entitled
``Determination that a Public Health Emergency Exists
Nationwide as the Result of the 2019 Novel Coronavirus'' and
includes any renewal of such declaration pursuant to such
section 319.
(3) State.--The term ``State'' means each of the 50 States
the District of Columbia, Puerto Rico, Guam, the Virgin
Islands, the Northern Mariana Islands, and American Samoa.
(4) Other terms.--The terms ``Secretary'', ``Indian
tribe'', ``tribal organization'', and ``tribal consortium''
have the meanings given those terms for purpose of parts B and
E of title IV of the Social Security Act (42 U.S.C. 621 et
seq., 670 et seq.).
TITLE I--FUNDING FOR CHILD AND FAMILY SUPPORT SERVICES
SEC. 101. FUNDING FOR CHILD AND FAMILY SERVICES.
(a) Appropriation.--
(1) In general.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated to the Secretary, $2,000,000,000 for fiscal year
2020, for the purpose of making payments to States, Indian
tribes, tribal organizations, and tribal consortia to provide
child and family services under plans approved under subparts 1
and 2 of part B of title IV of the Social Security Act (42
U.S.C. 621 et seq., 629 et seq.) in accordance with this
section. Such amounts shall be in addition to other amounts
made available for such purposes.
(2) Reservation of funds for indian tribes, tribal
organization, and tribal consortia.--The Secretary shall
reserve 3 percent of the amount appropriated under paragraph
(1) for fiscal year 2020 for making allotments for Indian
tribes, tribal organizations, and tribal consortia for such
fiscal year.
(b) Allotments and Payments.--Not later than 30 days after the date
of enactment of this Act, the Secretary shall do the following:
(1) Indian tribes, tribal organizations, and tribal
consortia.--From the amount reserved under subsection (a)(2),
the Secretary shall allot to each Indian tribe, tribal
organization, and tribal consortium with a plan approved under
subpart 1 or 2 of part B of title IV of the Social Security Act
for fiscal year 2020 an amount that bears the same ratio to
such reserved amount as the number of children in the Indian
tribe, tribal organization, or tribal consortium bears to the
total number of children in all such Indian tribes, tribal
organizations, and tribal consortia, as determined by the
Secretary on the basis of the most current and reliable
information available to the Secretary.
(2) States.--From the amount appropriated under paragraph
(1) of subsection (a) that remains after the application of
paragraph (2) of that subsection, the Secretary shall allot to
each State that receives an allotment for fiscal year 2020
under section 433 of the Social Security Act (42 U.S.C. 629c)
(including States that are territories specified in subsection
(b) of that section), an amount determined in the same manner
as the allotments for such States are determined under
subsections (b) and (c), respectively, of such section 433 for
fiscal year 2020.
(3) Payments.--The Secretary shall make the first payment
to each State, Indian tribe, tribal organization, and tribal
consortium for which an allotment is determined under paragraph
(1) or (2). Each subsequent payment shall be made on a
quarterly basis no later than the beginning of the quarter
involved.
(c) Use of Funds.--
(1) In general.--Except to the extent otherwise provided in
this section, a State, Indian tribe, tribal organization, and
tribal consortium may use the funds paid from an allotment
under this section for any purpose specified in subpart 1 or 2
of part B of title IV of the Social Security Act (42 U.S.C. 621
et seq.) and in accordance with the requirements that apply to
that part.
(2) Targeted uses.--A State, Indian tribe, tribal
organization, and tribal consortium shall expend significant
portions of the funds paid from its allotment under this
section for the following:
(A) Kinship placement support services.--To provide
services or assistance to eliminate the need for out-
of-home placements for children and support kinship
caregivers who are raising children during the COVID-19
public health emergency, including for purposes of
protecting children and preventing the child welfare
system from being overwhelmed during the emergency,
such as the following:
(i) Crisis stabilization services,
including case management services designed to
stabilize families in crisis or otherwise
impacted by the COVID-19 public health
emergency, including transportation, assistance
with housing and utility payments, and access
to adequate health care, child care assistance,
and establishing a kinship placement crisis
stabilization fund for purposes of making
direct cash payments to kin caregivers for
immediate needs of children placed with such
caregivers in order to facilitate kinship
placements and prevent the entry of children
into foster care.
(ii) Family finding, including intensive
family-finding efforts that utilize search
technology to find biological family members or
connections by marriage or adoption for
children in, or at risk of entering, foster
care.
(iii) Re-establishing family relationships
and supporting family group decision making.
(iv) Providing information about becoming a
licensed foster home and, if requested,
assistance in becoming a licensed foster family
home.
(v) Other assistance or services related to
strengthening and supporting kinship families
to improve the well-being of children and their
kin caregivers impacted by the COVID-19 public
health emergency, including assistance in
accessing the internet and devices to support
remote service delivery.
(B) Child welfare services.--To provide child
welfare services in accordance with the plan approved
under subpart 1 of part B of title IV of such Act (42
U.S.C. 621), and shall include services designed to
stabilize children, youth, and families impacted by the
COVID-19 public health emergency by providing
assistance for transportation, housing, utility
payments, and access to adequate health care and child
care.
(C) Adoption promotion and support services.--To
provide adoption promotion and support services
described in section 431(a)(8) of such Act (42 U.S.C.
629a(a)(8)).
(D) Development and training for caseworkers and
other child welfare agency staff and families.--To
hire, train, and support caseworkers and other child
welfare agency staff with respect to the impact of the
COVID-19 public health emergency, including with
respect to the intersection of trauma with childhood
development, and to expand the ability of caseworkers
and other child welfare agency staff to conduct or
assist with safe, in-person, home visits and family
visits, including by purchasing personal protective
equipment for caseworkers and other child welfare
agency staff and families, such as gloves, hand
sanitizer, and face masks; providing premium pay for
caseworkers and other child welfare agency staff
conducting or assisting with in-person, home visits and
family visits during the emergency; to allow for
improved remote visits by purchasing, updating, or
improving technology and internet access for child
welfare agencies, caseworkers and other child welfare
agency staff and providing training on the use of such
technology for caseworkers and other child welfare
agency staff and families.
(3) Limitations.--
(A) In general.--No funds paid from an allotment
under this section shall be used to satisfy a matching
contribution requirement of a federally funded program.
(B) Administrative costs.--Not more than 10 percent
of the total amount paid to a State, Indian tribe,
tribal organization, or tribal consortium under this
section shall be used for administrative costs (as
defined in section 422(c) of such Act (42 U.S.C.
622(c))).
(4) Exemptions.--
(A) In general.--A State, Indian tribe, tribal
organization, and tribal consortium shall not be
required to spend significant portions of the funds
paid from their allotments under this section for the
services specified in section 432(a)(4) of such Act (42
U.S.C. 629b(a)(4)).
(B) Disregard from certain limitations on
expenditures.--Any expenditures of funds permitted
under this section shall be disregarded for purposes of
applying the limitations on expenditures for child care
imposed under section 424(c) of such Act (42 U.S.C.
624(c)).
(C) Indian tribes, tribal organizations, and tribal
consortia.--In addition to the exemptions under
subparagraphs (A) and (B), the Secretary may exempt an
Indian tribe, tribal organization, or tribal consortium
from any other spending requirements of this section to
the extent that the Secretary determines those
requirements would be inappropriate to apply to the
Indian tribe, tribal organization, or tribal
consortium, taking into account the resources, needs,
and other circumstances of the Indian tribe, tribal
organization, or tribal consortium.
(d) No Matching or Application Required.--The Secretary shall not
impose any cash or in-kind matching requirement or require an
application from a State, Indian tribe, tribal organization, or tribal
consortium as a condition for being paid the amounts allotted to the
State, Indian tribe, tribal organization, or tribal consortium under
this section.
(e) Availability of Funds.--Subject to subsection (f), funds from
an allotment determined under this section shall remain available for
expenditure by the State, Indian tribe, tribal organization, or tribal
consortium (as applicable) through September 30, 2022 (September 30,
2023, in the case of any funds redistributed under subsection (f)).
(f) Redistribution of Unused Funds.--Subsection (d) of section 433
of the Social Security Act (42 U.S.C. 629c) shall apply to the amounts
allotted under this section for fiscal year 2020 that remain
unobligated on July 1, 2022, in the same manner as that subsection
applies to the amounts from allotments made under subsections (a), (b),
and (c) of that section for a fiscal year except that, for purposes of
redistributing amounts allotted under this section for fiscal year
2020, a State, Indian tribe, tribal organization, and tribal consortium
shall not be required to make the certification referred to in such
section 433(d) before July 1, 2022.
(g) Reports.--
(1) Planned use of funds.--Not later than 120 days after
the date of enactment of this Act, each State, Indian tribe,
tribal organization, and tribal consortium paid funds from an
allotment made under this section shall submit a report to the
Secretary detailing how the State, Indian tribe, tribal
organization, or tribal consortium plans to use the funds in
accordance with the requirements of this section. The report
required under this subsection shall be in addition to, and may
be combined with, other reports required under this Act or
section 432(a)(8) of the Social Security Act (42 U.S.C.
629b(a)(8)). The Secretary shall not delay making any payments
(including the first payment required within 30 days of the
date of enactment of this Act) to States, Indian tribes, tribal
organizations, and tribal consortia from the allotments made
under this section because of the report required under this
paragraph.
(2) Actual expenditures.--Each State, Indian tribe, tribal
organization, and tribal consortium shall report on the actual
expenditures made in a fiscal year using funds from a payment
made under this section (including any payments of amounts
reallotted). Each report on a fiscal year shall be submitted
not later than June 30 of the succeeding fiscal year and shall
include such information as the Secretary shall require
regarding the actual expenditures of such funds.
(3) Summary submissions to congress.--The Secretary shall
submit to the appropriate committees of Congress a summary of
the reports submitted under paragraphs (1) and (2) not later
than 60 days after the date on which the reports are due. The
summaries required under this paragraph may be combined with
the other summaries required to be submitted to such committees
under this Act.
SEC. 102. FUNDING FOR KINSHIP NAVIGATOR PROGRAMS.
(a) Appropriation.--Out of any money in the Treasury of the United
States not otherwise appropriated, there are appropriated to the
Secretary, $30,000,000 for fiscal year 2020, for the purpose of making
grants to each State and Indian tribe operating a State plan under part
E of title IV of the Social Security Act (42 U.S.C. 670 et seq.) for
kinship navigator programs in accordance with this section. Such
amounts shall be in addition to other amounts made available for such
purposes.
(b) Grant Amounts; Payments.--Not later than 30 days after the date
of enactment of this Act, the Secretary shall--
(1) make grants from the amount appropriated by subsection
(a) in the same manner, and subject to the same minimum grant
award amounts, as the Secretary awards grants for developing,
enhancing, or evaluating kinship navigator programs from the
amounts reserved for such purpose in the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94); and
(2) pay States and Indian tribes the grants so determined
in the same manner as the Secretary pays grants for developing,
enhancing, or evaluating kinship navigator programs from the
amounts reserved for such purpose under such Act.
(c) Use of Funds.--
(1) In general.--Except to the extent otherwise provided in
this section, a State and Indian tribe shall use the funds paid
under this section in accordance with the requirements
applicable to the grants awarded for developing, enhancing, or
evaluating kinship navigator programs under the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94).
(2) Targeted uses.--
(A) In general.--A State and Indian tribe may use
funds under this section to ensure kinship caregivers
at acute risk with respect to the Coronavirus Disease
(COVID-19) have access to information and resources for
necessities, including food, safety supplies, and
testing and treatment for COVID-19; technology and
technological supports; and health care and other
assistance, including legal assistance and assistance
with making alternative care plans for the children in
their care if they were to become unable to continue
caring for them; and to provide services to kinship
families, including kinship families raising children
outside of the foster care system.
(B) Kin caregivers outside of the foster care
system.--A State and Indian tribe shall use funds paid
under this section to conduct outreach to kinship
families outside of the foster care system, including
such families who have been impacted by the COVID-19
public health emergency, to ensure such families have
access to the information, resources, supports, and
assistance described in subparagraph (A). Any State or
Indian tribe that does not have an existing kinship
navigator program which is adequately suited to
identify, or to meet the needs of, such families, shall
partner with relevant community-based organizations or
agencies, including Area Agencies on Aging, to conduct
the required outreach to such families.
(3) Limitation.--No funds paid from a grant under this
section shall be used to satisfy a matching contribution
requirement of a federally funded program.
(d) No Matching or Application Required.--The Secretary shall not
impose any cash or in-kind matching requirement or require an
application from a State or Indian tribe as a condition for being paid
a grant under this section.
(e) Availability of Funds.--Subject to subsection (f), funds from
grants made under this section shall remain available for expenditure
by the State or Indian tribe (as applicable) through September 30, 2022
(September 30, 2023, in the case of any funds redistributed under
subsection (f)).
(f) Redistribution of Unused Funds.--Subsection (d) of section 433
of the Social Security Act (42 U.S.C. 629c) shall apply to the grants
made under this section for fiscal year 2020 that remain unobligated on
July 1, 2022, in the same manner as that subsection applies to the
amounts from allotments made under subsections (a), (b), and (c) of
that section for a fiscal year except that, for purposes of
redistributing funds from grants made under this section for fiscal
year 2020, a State and Indian tribe shall not be required to make the
certification referred to in such section 433(d) before July 1, 2022.
(g) Reports.--
(1) Planned use of funds.--Not later than 120 days after
the date of enactment of this Act, each State and Indian tribe
paid funds from a grant made under this section shall submit a
report to the Secretary detailing how the State or Indian tribe
plans to use the funds in accordance with the requirements of
this section. The report required under this subsection shall--
(A) include information on how grant funds are used
to help kinship families impacted by the COVID-19
public health emergency and how the State, Indian
tribe, or tribal organization collaborated with
relevant community-based organizations or agencies,
including Area Agencies on Aging, to reach kinship
families raising children outside of the foster care
system; and
(B) be in addition to, and may be combined with,
other reports required under this Act or reports
required under section 432(a)(8) of the Social Security
Act (42 U.S.C. 629b(a)(8)).
The Secretary shall not delay making any payments (including
the first payment required within 30 days of the date of
enactment of this Act) to States and Indian tribes from the
grants made under this section because of the report required
under this paragraph.
(2) Actual expenditures.--Each State and Indian tribe shall
report on the actual expenditures made in a fiscal year using
funds from a payment made under this section (including any
payments of amounts reallotted). Each report on a fiscal year
shall be submitted not later than June 30 of the succeeding
fiscal year and shall include such information as the Secretary
shall require regarding the actual expenditures of such funds.
(3) Summary submissions to congress.--The Secretary shall
submit to the appropriate committees of Congress a summary of
the reports submitted under paragraphs (1) and (2) not later
than 60 days after the date on which the reports are due. The
summaries required under this paragraph may be combined with
the other summaries required to be submitted to such committees
under this Act.
SEC. 103. FUNDING FOR THE JOHN H. CHAFEE FOSTER CARE PROGRAM FOR
SUCCESSFUL TRANSITION TO ADULTHOOD.
(a) Appropriation.--Out of any money in the Treasury of the United
States not otherwise appropriated, there are appropriated to the
Secretary, $500,000,000 for fiscal year 2020, for the purpose of
providing payments to States, Indian tribes, tribal organizations, and
tribal consortia to carry out programs under the John H. Chafee Foster
Care Program for Successful Transition to Adulthood under section 477
of the Social Security Act (42 U.S.C. 677) in accordance with this
section. Such amounts shall be in addition to other amounts made
available for such purposes.
(b) Allotments and Payments.--Not later than 30 days after the date
of enactment of this Act, the Secretary shall do the following:
(1) Indian tribes, tribal organizations, and tribal
consortia.--
(A) In general.--Subject to subparagraph (B), from
the amount appropriated under subsection (a) for fiscal
year 2020, the Secretary shall reserve $750,000 for
making an allotment for each Indian tribe, tribal
organization, or tribal consortium that receives an
allotment for fiscal year 2020 under subsection (j) of
such section 477 in an amount that bears the same
proportion as the amount allotted to each such Indian
tribe, tribal organization, or tribal consortium under
such section 477(j) from the total amount available for
such allotments for fiscal year 2020 under the Further
Consolidated Appropriations Act, 2020 (Public Law 116-
94).
(B) Expedited award of additional grants.--The
Secretary shall establish an expedited process for
Indian tribes, tribal organizations, and tribal
consortia that were eligible to apply for an allotment
under such section 477(j) but which did not receive an
allotment under that section for fiscal year 2020, to
apply for an allotment under this section for fiscal
year 2020 from the amount reserved under subparagraph
(A). To the extent the Secretary makes any allotments
under this paragraph for fiscal year 2020, the
Secretary shall make pro rata reductions in the amount
of the allotments determined under subparagraph (A) for
fiscal year 2020 as necessary to ensure that the total
amount of allotments awarded under this paragraph for
such fiscal year does not exceed the amount reserved
under subparagraph (A) for the fiscal year.
(2) States.--From the amount appropriated under subsection
(a) that remains after the application of paragraph (1)(A), the
Secretary shall allot to each State that receives a general
program allotment for fiscal year 2020 under subsection (c)(1)
of such section 477, an amount that bears the same proportion
as the general program allotment determined for the State under
such section 477(c)(1) bears to the total amount available for
such general program allotments for fiscal year 2020 under the
Further Consolidated Appropriations Act, 2020 (Public Law 116-
94).
(3) Payments.--The Secretary shall make the first payment
to each State, Indian tribe, tribal organization, and tribal
consortium for which an allotment is determined under paragraph
(1) or (2). Each subsequent payment shall be made on a
quarterly basis no later than the beginning of the quarter
involved.
(c) Use of Funds.--
(1) In general.--Except to the extent otherwise provided in
this section, a State, Indian tribe, tribal organization, or
tribal consortium shall use the funds paid under this section
to carry out programs under section 477 of the Social Security
Act (42 U.S.C. 677) and in accordance with the requirements
that apply to that section.
(2) Direct payments.--A State, Indian tribe, tribal
organization, or tribal consortium may use the funds paid under
this section to make recurring cash payments directly to
children and youth who are eligible for services and assistance
under such section 477 (including after the application of
subsection (e) of this section) to meet basic needs, including
costs for food, transportation, technology, work readiness, and
other costs to be determined by the youth or on behalf of the
child involved, and to address and avoid emergencies.
(3) Targeted use for educational and training voucher
program.--A State, Indian tribe, tribal organization, or tribal
consortium paid funds under this section may spend up to \1/3\
of the funds paid under this section to carry out State
educational and training voucher programs under subsection (i)
of such section 477 (in accordance with subsection (e) of this
section).
(4) Outreach.--A State, Indian tribe, tribal organization,
or tribal consortium shall use the funds paid under this
section to conduct a public awareness campaign on the
moratorium on youth aging out of foster care imposed under
section 202, the option for youth who have aged out of foster
care to re-enter foster care, and to provide resource
navigation assistance, and education on other emergency support
made available under this section.
(d) Special Rules.--
(1) No matching or application required.--The Secretary
shall not impose any cash or in-kind matching requirement or
require an application from a State, Indian tribe, tribal
organization, or tribal consortium as a condition for being
paid the amounts allotted to the State, Indian tribe, tribal
organization, or tribal consortium under this section.
(2) Limitation.--No funds paid from an allotment under this
section shall be used to satisfy a matching contribution
requirement of a federally funded program.
(3) Availability of funds.--Subject to subsection (f),
funds from an allotment determined under this section shall
remain available for expenditure by a State, Indian tribe,
tribal organization, or tribal consortium (as applicable)
through September 30, 2023 (September 30, 2024, in the case of
any funds redistributed under subsection (f)).
(e) Programmatic Flexibility.--During the period that begins on
February 1, 2020, and ends on September 30, 2022, the following rules
shall apply to programs carried out under such section 477:
(1) Maximum age limitation on eligibility for assistance.--
A child may be eligible for services and assistance under
section 477 of the Social Security Act (42 U.S.C. 677) for up
to 12 months after the month in which the child would otherwise
no longer be eligible for such services and assistance solely
by reason of the child's age attained, notwithstanding any
contrary certification made under such section 477.
(2) Waiver of limitations on percentage of funds used for
housing assistance; eligibility for funds.--Notwithstanding
subsections (b)(3)(B) and (b)(3)(C) of such section 477, a
State, Indian tribe, tribal organization, or tribal consortium
may use more than 30 percent of the funds paid from its
allotment under subsection (c) or (j) of such section 477 (as
applicable) for fiscal year 2020 or from its allotment under
this section for such fiscal year for room or board and may use
any such funds for youth eligible for services under such
section 477 who have attained 18 years of age and who
experienced foster care at 14 years of age or older.
(3) Elimination of certain requirements.--Subsection (i)(3)
of such section 477 shall have no force or effect except that
eligible youth must be enrolled in a postsecondary education or
training program.
(f) Redistribution of Unused Funds.--Paragraph (5) of section
477(d) of the Social Security Act shall apply to amounts from the
allotments made under this section for fiscal year 2020 that remain
unobligated on October 1, 2022, in the same manner as that paragraph
applies to amounts paid to States under such section 477 in a fiscal
year that remain unexpended by the States at the end of the succeeding
fiscal year except that, for purposes of redistributing such
unobligated amounts, subparagraph (A) of section 477(d)(5) of such Act
shall be applied by substituting ``shall'' for ``may''.
(g) Reports.--
(1) Planned use of funds.--Not later than 120 days after
the date of enactment of this Act, each State, Indian tribe,
tribal organization, and tribal consortium paid funds from an
allotment made under this section shall submit a report to the
Secretary detailing how the State, Indian tribe, tribal
organization, or tribal consortium plans to use the funds in
accordance with the requirements of this section. The report
required under this subsection shall be in addition to, and may
be combined with, other reports required under this Act or
reports required under section 477 of the Social Security Act
(42 U.S.C. 677). The Secretary shall not delay making any
payments (including the first payment required within 30 days
of the date of enactment of this Act) to States, Indian tribes,
tribal organizations, and tribal consortia from the allotments
made under this section because of the report required under
this paragraph.
(2) Actual expenditures.--Each State, Indian tribe, tribal
organization, and tribal consortium shall report on the actual
expenditures made in a fiscal year using funds from a payment
made under this section (including any payments of amounts
reallotted). Each report on a fiscal year shall be submitted
not later than June 30 of the succeeding fiscal year and shall
include such information as the Secretary shall require
regarding the actual expenditures of such funds.
(3) Summary submissions to congress.--The Secretary shall
submit to the appropriate committees of Congress a summary of
the reports submitted under paragraphs (1) and (2) not later
than 60 days after the date on which the reports are due. The
summaries required under this paragraph may be combined with
the other summaries required to be submitted to such committees
under this Act.
SEC. 104. FUNDING FOR THE CHILD WELFARE COURT IMPROVEMENT PROGRAM.
(a) Appropriation.--Out of any money in the Treasury of the United
States not otherwise appropriated, there are appropriated to the
Secretary, $30,000,000 for fiscal year 2020, for the purpose of making
grants in accordance with this section to the highest State courts
described in section 438 of the Social Security Act (42 U.S.C. 629h)
and to the highest courts of Indian tribes or tribal consortia eligible
for grants under such section. Such amounts shall be in addition to
other amounts made available for such purposes.
(b) Reservation of Funds for Tribal Court Grants.--
(1) In general.--Subject to paragraph (2), from the amount
appropriated under subsection (a), the Secretary shall reserve
$5,000,000 for paying to each of the highest courts of Indian
tribes or tribal consortia awarded a grant under such section
438 for fiscal year 2020 an amount that bears the same
proportion to the amount so reserved as the amount awarded to
each such court for fiscal year 2020 bears to the amount
allocated under subsection (c)(3)(A)(iv) of such section 438
for that fiscal year.
(2) Expedited award of additional grants.--The Secretary
shall establish an expedited process for awarding grants on a
competitive basis among the highest courts of Indian tribes or
tribal consortia that were not awarded a grant under such
section 438 for fiscal year 2020 but that are eligible to apply
for a grant under such section for that fiscal year. To the
extent the Secretary awards any grants under this paragraph for
fiscal year 2020, the Secretary shall make pro rata reductions
in the amount of the grants determined under paragraph (1) for
fiscal year 2020 as necessary to ensure that the total amount
of grants awarded under this subsection for such fiscal year
does not exceed the amount reserved under paragraph (1) for the
fiscal year.
(c) Grants for Highest State Courts.--
(1) In general.--From the remainder of the amount
appropriated under subsection (a) after the application of
subsection (b), the Secretary shall award to each highest State
court approved to receive a grant under such section 438 for
fiscal year 2020, an additional grant for fiscal year 2020 in
the amount determined for the court under paragraph (2).
(2) Amount.--The amount of the additional grant awarded to
a highest State court under this section for fiscal year 2020
is equal to the sum of--
(A) $255,000; and
(B) the amount that bears the same ratio to the
amount appropriated under subsection (a) that remains
after the application of subsection (b) and
subparagraph (A) of this paragraph, as the number of
individuals in the State who have not attained 21 years
of age bears to the total number of such individuals in
all States (based on the most recent year for which
data are available from the Bureau of the Census).
(d) Payments.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall make the first
payment from the grants awarded under this section to each
highest State court or highest court of an Indian tribe or
tribal consortium. Each subsequent payment shall be made on a
quarterly basis no later than the beginning of the quarter
involved.
(2) No matching or application required.--The Secretary
shall not, as a condition for being paid a grant under this
section--
(A) impose any cash or in-kind matching
requirement; or
(B) require an application from a highest State
court or highest court of an Indian tribe or tribal
consortium (except to the extent necessary for the
expedited award of grants under subsection (b)(2)).
(e) Use of Funds.--
(1) In general.--Except to the extent otherwise provided in
this section, a highest State court and highest court of an
Indian tribe or tribal consortium paid a grant under this
section shall use the grant funds for the purposes described in
subsections (a)(3) and (a)(4) of such section 438 and in
accordance with the requirements that apply to that section.
(2) Targeted uses.--Each highest State court and highest
court of an Indian tribe or tribal consortium paid a grant
under this section shall use a significant portion of the grant
funds for technologies to facilitate remote hearings or other
child welfare court proceedings, training for judges and other
staff involved in the child welfare system on how to use these
technologies, including how to conduct remote child welfare
proceedings, data collection, and to otherwise ensure that
children and families have access to required child welfare
legal proceedings during the COVID-19 public health emergency.
(f) Availability of Funds.--Subject to subsection (g), funds from a
grant awarded under this section shall remain available for expenditure
by a highest State court or highest court of an Indian tribe or tribal
consortium (as applicable) through September 30, 2022 (September 30,
2023, in the case of any funds redistributed under subsection (g)).
(g) Redistribution of Unused Funds.--The Secretary shall determine
appropriate procedures for redistributing grant funds awarded to the
highest State courts and highest courts of Indian tribes or tribal
consortia under this section for fiscal year 2020 that remain
unobligated on July 1, 2022, to 1 or more such courts that apply for
such funds not later than September 30, 2022.
(h) Reports.--
(1) Planned use of funds.--Not later than 120 days after
the date of enactment of this Act, each highest State court and
highest court of an Indian tribe or tribal consortium paid
funds from a grant awarded under this section for fiscal year
2020 shall submit a report to the Secretary detailing how the
court plans to use the funds in accordance with the
requirements of this section. The report required under this
subsection shall be in addition to, and may be combined with,
other reports required under this Act or reports required under
section 438 of the Social Security Act (42 U.S.C. 629h). The
Secretary shall not delay making any payments (including the
first payment required within 30 days of the date of enactment
of this Act) to the highest State courts and highest courts of
an Indian tribe or tribal consortium from the grants awarded
under this section because of the report required under this
paragraph.
(2) Actual expenditures.--Each highest State court and
highest court of an Indian tribe or tribal consortium shall
report on the actual expenditures made in a fiscal year using
funds from a payment made under this section (including any
payments of amounts reallotted). Each report on a fiscal year
shall be submitted not later than June 30 of the succeeding
fiscal year and shall include such information as the Secretary
shall require regarding the actual expenditures of such funds.
(3) Summary submissions to congress.--The Secretary shall
submit to the appropriate committees of Congress a summary of
the reports submitted under paragraphs (1) and (2) not later
than 60 days after the date on which the reports are due. The
summaries required under this paragraph may be combined with
the other summaries required to be submitted to such committees
under this Act.
SEC. 105. FUNDING FOR HEALTH OVERSIGHT AND COORDINATION PLANS.
(a) Appropriation.--Out of any money in the Treasury of the United
States not otherwise appropriated, there are appropriated to the
Secretary, $50,000,000 for fiscal year 2020, for the purpose of making
payments to States, Indian tribes, tribal organizations, and tribal
consortia to implement and operate health oversight and coordination
plans under subpart 1 of part B of title IV of the Social Security Act
(42 U.S.C. 621 et seq.), in accordance with this section. Such amounts
shall be in addition to other amounts made available for such purposes.
(b) Allotments and Payments.--Not later than 30 days after the date
of enactment of this Act, the Secretary shall do the following:
(1) Payments for indian tribes, tribal organization, and
tribal consortia.--
(A) In general.--Subject to subparagraph (B), from
the amount appropriated under subsection (a), the
Secretary shall reserve $5,000,000 for allotting to
each Indian tribe or tribal consortium that receives
funds under subpart 1 of part B of title IV of such Act
for fiscal year 2020 and operates a program under
section 479B of such Act (42 U.S.C. 679c) for such
fiscal year, an amount that bears the same proportion
to the amount so reserved as the amount awarded to each
such Indian tribe or tribal consortium under subpart 1
of part B of title IV of such Act for fiscal year 2020
bears to the total amount awarded to all Indian tribes,
tribal organizations, and tribal consortia under that
subpart 1 for such fiscal year.
(B) Expedited award of additional allotments.--The
Secretary shall establish an expedited process for
awarding allotments on a competitive basis among Indian
tribes, tribal organizations, and tribal consortia that
are not described in subparagraph (A) but receive funds
under subpart 1 of part B of title IV of such Act for
fiscal year 2020. To the extent the Secretary awards
any allotments under this subparagraph for fiscal year
2020, the Secretary shall make pro rata reductions in
the amount of the allotments determined under
subparagraph (A) for fiscal year 2020 as necessary to
ensure that the total amount of allotments made for
such fiscal year under this paragraph does not exceed
the amount reserved under subparagraph (A) for the
fiscal year.
(2) States.--The Secretary shall allot to each State that
receives an allotment for fiscal year 2020 under section 423 of
the Social Security Act (42 U.S.C. 623), an amount that bears
the same proportion to the amount appropriated under subsection
(a) which remains after the application of paragraph (1)(A), as
the total amount allotted to the State under such section 423
for fiscal year 2020 bears to the sum of the total amounts
allotted to all States under that section for that fiscal year.
(3) Payments.--The Secretary shall make the first payment
to each State, Indian tribe, tribal organization, and tribal
consortium for which an allotment is determined under paragraph
(1) or (2). Each subsequent payment shall be made on a
quarterly basis no later than the beginning of the quarter
involved.
(c) Use of Funds.--
(1) In general.--A State, Indian tribe, tribal
organization, or tribal consortium shall use the funds paid
from an allotment under this section for expenditures to
implement and operate a health oversight and coordination plan
as required under section 422(b)(15)(A) of the Social Security
Act (42 U.S.C. 622(b)(15)(A)), or, in the case of an Indian
tribe, tribal organization, or tribal consortia not required to
implement and operate such a plan, for expenditures involving
tribal participation with States responsible for developing and
carrying out such plans.
(2) Targeted use.--A State, Indian tribe, tribal
organization, or tribal consortium shall expend significant
portions of the funds paid from an allotment under this section
to conduct expanded activities to mitigate the impact of the
COVID-19 pandemic on the health and well-being of children in
foster care, such as the following:
(A) Providing access to expedited and accurate
COVID-19 testing and treatment for children, parents,
and caregivers to support child health and placement
stability.
(B) Providing access to mental health services and
supports, including to address needs arising from
health issues, social isolation, and economic
deprivation stemming from the pandemic.
(C) Using telehealth services for children in
foster care to ensure uninterrupted access to needed
pediatric medical and subspecialty care, including
behavioral and mental health services.
(D) Ensuring ongoing access to needed in-person
care, including the on-time provision of all needed
vaccinations in accordance with the latest pediatric
vaccination schedule as updated by the Centers for
Disease Control and Prevention.
(d) No Matching or Application Required.--The Secretary shall not
impose any cash or in-kind matching requirement or require an
application from a State, Indian tribe, tribal organization, or tribal
consortium as a condition for being paid the amounts allotted to the
State, Indian tribe, tribal organization, or tribal consortium under
this section (except to the extent necessary for the expedited award of
allotments under subsection (b)(1)(B)).
(e) Availability of Funds.--Subject to subsection (f), funds from
an allotment determined under this section shall remain available for
expenditure by the State, Indian tribe, tribal organization, or tribal
consortium (as applicable) through September 30, 2022 (September 30,
2023, in the case of any funds redistributed under subsection (f)).
(f) Redistribution of Unused Funds.--Subsection (d) of section 433
of the Social Security Act (42 U.S.C. 629c) shall apply to the amounts
allotted under this section for fiscal year 2020 that remain
unobligated on July 1, 2022, in the same manner as that subsection
applies to the amounts from allotments made under subsections (a), (b),
and (c) of that section for a fiscal year except that, for purposes of
redistributing amounts allotted under this section for fiscal year
2020, a State, Indian tribe, tribal organization, and tribal consortium
shall not be required to make the certification referred to in such
section 433(d) before July 1, 2022.
(g) Reports.--
(1) Planned use of funds.--Not later than 120 days after
the date of enactment of this Act, each State, Indian tribe,
tribal organization, and tribal consortium paid funds from an
allotment made under this section shall submit a report to the
Secretary detailing how the State, Indian tribe, tribal
organization, or tribal consortium plans to use the funds in
accordance with the requirements of this section. The report
required under this subsection shall be in addition to, and may
be combined with, other reports required under this Act or
section 432(a)(8) of the Social Security Act (42 U.S.C.
629b(a)(8)). The Secretary shall not delay making any payments
(including the first payment required within 30 days of the
date of enactment of this Act) to States, Indian tribes, tribal
organizations, and tribal consortia from the allotments made
under this section because of the report required under this
paragraph.
(2) Actual expenditures.--Each State, Indian tribe, tribal
organization, and tribal consortium shall report on the actual
expenditures made in a fiscal year using funds from a payment
made under this section (including any payments of amounts
reallotted). Each report on a fiscal year shall be submitted
not later than June 30 of the succeeding fiscal year and shall
include such information as the Secretary shall require
regarding the actual expenditures of such funds.
(3) Summary submissions to congress.--The Secretary shall
submit to the appropriate committees of Congress a summary of
the reports submitted under paragraphs (1) and (2) not later
than 60 days after the date on which the reports are due. The
summaries required under this paragraph may be combined with
the other summaries required to be submitted to such committees
under this Act.
TITLE II--OTHER SUPPORT FOR RESPONDING TO THE COVID-19 PUBLIC HEALTH
EMERGENCY
SEC. 201. STATE OPTION TO WAIVE LICENSING REQUIREMENT FOR PURPOSES OF
SATISFYING THE 6-MONTH RESIDENCY REQUIREMENT FOR KINSHIP
GUARDIANSHIP ASSISTANCE PAYMENTS.
During the period that begins on February 1, 2020, and ends on
September 30, 2022, notwithstanding any other provision of law, for
purposes of determining whether a child is eligible for kinship
guardianship assistance payments under section 473(d) of the Social
Security Act (42 U.S.C. 673(d)), a State or Indian tribe or tribal
organization may elect to count any consecutive months the child
resided in the home of the prospective relative guardian towards the 6-
month residency requirement of paragraph (3)(A)(i)(II) of that section,
without regard to whether the home of the prospective relative guardian
was a licensed foster family home during any such month.
SEC. 202. MORATORIUM ON AGING OUT OF FOSTER CARE.
(a) In General.--During the period that begins on February 1, 2020,
and ends on September 30, 2022, notwithstanding any other provision of
law--
(1) no State, Indian tribe, tribal organization, or tribal
consortium operating a program under part E of title IV of the
Social Security Act (42 U.S.C. 670 et seq.) shall require a
child in foster care under the responsibility of the State to
leave foster care solely by reason of the child's age attained;
and
(2) no child in foster care under the responsibility of the
State, Indian tribe, tribal organization, or tribal consortium
shall be found ineligible for foster care maintenance payments
under section 472 of such Act (42 U.S.C. 672) solely by reason
of the child's age attained or by reason of failing to meet the
requirements of section 475(8)(B)(iv) of such Act (42 U.S.C.
675(8)(B)(iv)).
(b) Outreach and Re-Entry.--Each State and Indian tribe, tribal
organization, or tribal consortium operating a program under part E of
title IV of the Social Security Act (42 U.S.C. 670 et seq.) shall--
(1) identify and provide notice to any child who was
formally discharged from foster care by reason of the child's
age attained during the moratorium period imposed under
subsection (a) that the child shall be re-entered into foster
care, unless the child elects to opt out; and
(2) establish procedures to facilitate the child's re-entry
into foster care, which shall include payment of any foster
care maintenance payments the child is eligible for during the
moratorium period imposed under subsection (a) (including any
such payments accrued before the child was re-entered into
foster care).
(c) Application.--The requirements of this section apply to a
State, Indian tribe, tribal organization, or tribal consortium
operating a program under part E of title IV of the Social Security Act
without regard to whether the State, Indian tribe, tribal organization,
or tribal consortium has elected under section 475(8)(B) of such Act
(42 U.S.C. 675(8)(B)) to extend foster care to children who have
attained age 18.
SEC. 203. TEMPORARY INCREASE OF MATCHING RATES FOR KINSHIP GUARDIANSHIP
ASSISTANCE PAYMENTS, ADOPTION ASSISTANCE PAYMENTS FOR KIN
CAREGIVERS, AND FAMILY FIRST PREVENTION SERVICES.
For each quarter that begins after March 31, 2020, and before
October 1, 2022--
(1) paragraph (2) of section 474(a) of the Social Security
Act (42 U.S.C. 674(a)) shall be applied as if ``(or, with
respect to such payments made during such quarter to any
adoptive parents who, at the time of the initiation of adoption
proceedings, were relative guardians or kin caregivers, an
amount equal to 100 percent of the total amount expended during
such quarter as adoption assistance payments under section 473
pursuant to adoption assistance agreements)'' appeared in such
paragraph after ``applies to the State)'';
(2) paragraph (5) of section 474(a) of the Social Security
Act (42 U.S.C. 674(a)) shall be applied by substituting ``100
percent'' for ``the percentage by which the expenditures
referred to in paragraph (2) of this subsection are
reimbursed''; and
(3) paragraphs (6)(A)(i)(I) and (7) of such section shall
be applied by substituting ``100 percent'' for ``50 percent''
each place it appears.
TITLE III--OTHER PROVISIONS
SEC. 301. COURTS ACT.
(a) In General.--Section 436 of the Social Security Act (42 U.S.C.
629f) is amended--
(1) in subsection (a), by striking ``$345,000,000 for each
of fiscal years 2017 through 2021'' and inserting
``$375,000,000 for each of fiscal years 2022 through 2028'';
and
(2) in subsection (b)(2), by striking ``$30,000,000'' and
inserting ``$60,000,000''.
(b) Program Changes.--Section 438 of such Act (42 U.S.C. 629h) is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting ``in
a timely and complete manner'' before ``, as
set forth''; and
(ii) in subparagraph (C), by striking the
semicolon and inserting ``, including by
training judges, attorneys, and other legal
personnel.''; and
(B) by striking paragraphs (3) and (4);
(2) in subsection (b)--
(A) by striking paragraph (2); and
(B) by striking all that precedes ``be eligible to
receive'' and inserting the following:
``(b) Applications.--In order to'';
(i) in the matter preceding paragraph (2)--
(I) by moving the matter 2 ems to
the left;
(II) in subparagraph (A)--
(aa) by striking ``(A) in
the case of a grant for the
purpose described in subsection
(a)(3),'' and inserting
``(1)''; and
(bb) by inserting ``use not
less than 30 percent of grant
funds to'' before
``collaborate'';
(III) in subparagraph (B), by
striking ``(B) in the case of a grant
for the purpose described in subsection
(a)(4),'' and inserting ``(2)''; and
(IV) in subparagraph (C), by
striking ``(C) in the case of a grant
for the purpose described in subsection
(a),'' and inserting ``(3)''; and
(3) by striking subsection (c) and inserting the following:
``(c) Amount of Grant.--
``(1) In general.--From the amounts reserved under sections
436(b)(2) and 437(b)(2) for a fiscal year, each highest State
court that has an application approved under this section for
the fiscal year shall be entitled to payment of an amount equal
to the sum of--
``(A) $255,000; and
``(B) the amount described in paragraph (2) with
respect to the court and the fiscal year.
``(2) Amount described.--The amount described in this
paragraph with respect to a court and a fiscal year is the
amount that bears the same ratio to the total of the amounts
reserved under sections 436(b)(2) and 437(b)(2) for grants
under this section for the fiscal year (after applying
paragraphs (1)(A) and (3) of this subsection) 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 with a highest State court that has
an approved application under this section for the fiscal year.
``(3) Indian tribes.--From the amounts reserved under
section 436(b)(2) for a fiscal year, the Secretary shall,
before applying paragraph (1) of this subsection, allocate
$5,000,000 for grants to be awarded on a competitive basis
among the highest courts of Indian tribes or tribal consortia
that--
``(A) are operating a program under part E, in
accordance with section 479B;
``(B) are seeking to operate a program under part E
and have received an implementation grant under section
476; or
``(C) have a court responsible for proceedings
related to foster care or adoption.''.
(c) Technical Amendments.--Section 438(a) of such Act (42 U.S.C.
629h(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D), by adding ``and'' after
the semicolon; and
(B) in subparagraph (E)(iii), by striking ``and''
after the semicolon; and
(2) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``state'' and inserting ``State''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2021.
SEC. 302. REQUIREMENT FOR DE-ESCALATION STRATEGIES RELATING TO
INTERACTIONS WITH LAW ENFORCEMENT AUTHORITIES.
(a) State Plan Amendment.--
(1) In general.--Section 422(b) of the Social Security Act
(42 U.S.C. 622(b)) is amended--
(A) in paragraph (18), by striking ``and'' after
the semicolon;
(B) in paragraph (19)(B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(20) not later than 180 days after the date of enactment
of this paragraph, describe the steps the State is taking under
the State programs assisted under this subpart, subpart 2 of
this part, and part E, to--
``(A) develop and implement de-escalation
strategies to--
``(i) reduce unnecessary interactions with
law enforcement authorities for children,
youth, and families coming to the attention of
child welfare agencies and for children and
youth in foster care;
``(ii) ensure law enforcement authorities
and caseworkers, social workers, or other
behavioral health specialists collaborate (as
much as practicable) when law enforcement
authorities have interactions with children,
youth, and families coming to the attention of
child welfare agencies and children and youth
in foster care;
``(iii) ensure that any involvement of law
enforcement authorities in child abuse or
neglect investigations, child welfare
interventions, placement incidents, or court or
administrative proceedings involving children
or youth in foster care, is not coercive or
intended to intimidate; and
``(iv) promote the provision of trauma-
informed, culturally-responsive programming and
services for children and youth in foster care;
``(B) provide training on such de-escalation
strategies for caseworkers and other child welfare
agency staff, including supervisors and support staff,
personnel employed or preparing for employment by the
State agency responsible for administering the State
plans under this subpart, subpart 2 of this part, and
part E, or by any local agency administering any such
plan, staff of State-licensed or State-approved public
or private nonprofit child welfare agencies, tribal
child welfare agencies and organizations, staff of law
enforcement authorities, State and tribal court
personnel, including judges, current or prospective
foster or adoptive parents, relative guardians, kin
caregivers, and the members of the staff of State-
licensed or State-approved child care institutions,
including congregate care settings and residential
treatment facilities, and qualified residential
treatment programs (as defined in section 472(k)(4));
and
``(C) ensure that the State agency responsible for
administering the State plans under this subpart,
subpart 2 of this part, and part E, local agencies
administering any such plan, State-licensed or State-
approved public or private nonprofit child welfare
agencies, and tribal child welfare agencies, review
system interactions with law enforcement authorities
that are required under such plans or under the Child
Abuse Prevention and Treatment Act to ensure such
interactions occur in manner that protects children,
does not traumatize children, and is in accordance with
recognized principles of a trauma-informed approach and
trauma-specific interventions to address trauma's
consequences and facilitate healing.''.
(2) Conforming amendment.--Section 422(b)(4)(B) of such Act
(42 U.S.C. 622(b)(4)(B)) is amended by inserting ``(including
with respect to the training on de-escalation strategies
required under paragraph (20))'' after ``State''.
(b) Funding for Training.--Section 426 of such Act (42 U.S.C. 626)
is amended by adding at the end the following:
``(d) Funding for Training on De-Escalation Strategies Relating to
Interactions With Law Enforcement Authorities.--
``(1) Appropriation.--In addition to any amounts otherwise
made available to carry out this section and this subpart, out
of any money in the Treasury of the United States not otherwise
appropriated, there are appropriated to the Secretary for each
of fiscal years 2020 through 2022, $15,000,000, for making
payments to States in accordance with this subsection.
``(2) Allotments.--
``(A) In general.--From the amount appropriated
under paragraph (1) for a fiscal year, the Secretary
shall allot--
``(i) to each Indian tribe or tribal
consortium with a plan approved under this
subpart and to each of the jurisdictions of
Guam, the Virgin Islands, the Northern Mariana
Islands, and American Samoa, an amount that
shall not exceed $100,000; and
``(ii) to each State that is not an Indian
tribe, tribal consortium, or jurisdiction
specified in clause (i), an amount that is not
less than $200,000.
``(B) Additional amount.--If any amounts
appropriated under paragraph (1) remain after the
application of subparagraph (A), the Secretary shall
increase the amount of all such allotments by an amount
determined through a formula determined by the
Secretary that takes into consideration the number of
children in foster care who are under the
responsibility of each State and Indian tribe or tribal
consortium with a plan approved under this subpart.
``(3) Use of funds.--A State or Indian tribe or tribal
consortium shall use the funds paid under this subsection to
provide the training required under section 422(b)(20)(B).
``(4) Payment rules.--
``(A) No match required.--Each State or Indian
tribe or tribal consortium with a plan approved under
this subpart shall be entitled to payment of 100
percent of the amount allotted to the entity under
paragraph (2) for the fiscal year.
``(B) Availability of funds.--
``(i) In general.--Amounts allotted to a
State or Indian tribe or tribal consortium
under paragraph (2) for a fiscal year shall
remain available for expenditure through the
end of the succeeding fiscal year.
``(ii) Amounts redistributed.--Any amounts
reallotted shall remain available only through
the end of the fiscal year in which such
amounts are distributed.
``(C) Reallotments.--Subject to subparagraph
(B)(i), subsection (e) of section 423 shall apply to
the amounts allotted under paragraph (2) in the same
manner as that section applies to allotments made under
subsection (a) of that section.
``(5) Nonapplication.--The limitation on payments for
administrative costs under section 424(e) shall not apply to
the amounts allotted under paragraph (2).
``(6) Report.--
``(A) In general.--Each State and Indian tribe or
tribal consortium provided an allotment under this
subsection shall submit a report to the Secretary, at
such time, in such manner, and containing such
information as the Secretary may require, on the
activities carried out with the amounts paid to the
State.
``(B) Indian tribes.--The Secretary may modify the
reporting requirement under subparagraph (A) for an
Indian tribe or tribal consortium to the extent that
the Secretary determines those requirements would be
inappropriate to apply to the Indian tribe or tribal
consortium, taking into account the resources, needs,
and other circumstances of the Indian tribe or tribal
consortium.''.
SEC. 303. EMERGENCY DESIGNATION.
(a) In General.--The amounts provided by this Act are designated as
an emergency requirement pursuant to section 4(g) of the Statutory Pay-
As-You-Go Act of 2010 (2 U.S.C. 933(g)).
(b) Designation in Senate.--In the Senate, this Act is designated
as an emergency requirement pursuant to section 4112(a) of H. Con. Res.
71 (115th Congress), the concurrent resolution on the budget for fiscal
year 2018.
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