[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4980 Engrossed in House (EH)]
113th CONGRESS
2d Session
H. R. 4980
_______________________________________________________________________
AN ACT
To prevent and address sex trafficking of children in foster care, to
extend and improve adoption incentives, and to improve international
child support recovery.
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 ``Preventing Sex Trafficking and
Strengthening Families Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
TITLE I--PROTECTING CHILDREN AND YOUTH AT RISK OF SEX TRAFFICKING
Subtitle A--Identifying and Protecting Children and Youth at Risk of
Sex Trafficking
Sec. 101. Identifying, documenting, and determining services for
children and youth at risk of sex
trafficking.
Sec. 102. Reporting instances of sex trafficking.
Sec. 103. Including sex trafficking data in the Adoption and Foster
Care Analysis and Reporting System.
Sec. 104. Locating and responding to children who run away from foster
care.
Sec. 105. Increasing information on children in foster care to prevent
sex trafficking.
Subtitle B--Improving Opportunities for Children in Foster Care and
Supporting Permanency
Sec. 111. Supporting normalcy for children in foster care.
Sec. 112. Improving another planned permanent living arrangement as a
permanency option.
Sec. 113. Empowering foster children age 14 and older in the
development of their own case plan and
transition planning for a successful
adulthood.
Sec. 114. Ensuring foster children have a birth certificate, Social
Security card, health insurance
information, medical records, and a
driver's license or equivalent State-issued
identification card.
Sec. 115. Information on children in foster care in annual reports
using AFCARS data; consultation.
Subtitle C--National Advisory Committee
Sec. 121. Establishment of a national advisory committee on the sex
trafficking of children and youth in the
United States.
TITLE II--IMPROVING ADOPTION INCENTIVES AND EXTENDING FAMILY CONNECTION
GRANTS
Subtitle A--Improving Adoption Incentive Payments
Sec. 201. Extension of program through fiscal year 2016.
Sec. 202. Improvements to award structure.
Sec. 203. Renaming of program.
Sec. 204. Limitation on use of incentive payments.
Sec. 205. Increase in period for which incentive payments are available
for expenditure.
Sec. 206. State report on calculation and use of savings resulting from
the phase-out of eligibility requirements
for adoption assistance; requirement to
spend 30 percent of savings on certain
services.
Sec. 207. Preservation of eligibility for kinship guardianship
assistance payments with a successor
guardian.
Sec. 208. Data collection on adoption and legal guardianship disruption
and dissolution.
Sec. 209. Encouraging the placement of children in foster care with
siblings.
Sec. 210. Effective dates.
Subtitle B--Extending the Family Connection Grant Program
Sec. 221. Extension of family connection grant program.
TITLE III--IMPROVING INTERNATIONAL CHILD SUPPORT RECOVERY
Sec. 301. Amendments to ensure access to child support services for
international child support cases.
Sec. 302. Child support enforcement programs for Indian tribes.
Sec. 303. Sense of the Congress regarding offering of voluntary
parenting time arrangements.
Sec. 304. Data exchange standardization for improved interoperability.
Sec. 305. Report to Congress.
Sec. 306. Required electronic processing of income withholding.
TITLE IV--BUDGETARY EFFECTS
Sec. 401. Determination of budgetary effects.
SEC. 3. REFERENCES.
Except as otherwise expressly provided in this Act, wherever in
this Act an amendment is expressed in terms of an amendment to a
section or other provision, the amendment shall be considered to be
made to a section or other provision of the Social Security Act.
TITLE I--PROTECTING CHILDREN AND YOUTH AT RISK OF SEX TRAFFICKING
Subtitle A--Identifying and Protecting Children and Youth at Risk of
Sex Trafficking
SEC. 101. IDENTIFYING, DOCUMENTING, AND DETERMINING SERVICES FOR
CHILDREN AND YOUTH AT RISK OF SEX TRAFFICKING.
(a) In General.--Section 471(a)(9) (42 U.S.C. 671(a)(9)) is
amended--
(1) in subparagraph (A), by striking ``and'';
(2) in subparagraph (B), by inserting ``and'' after the
semicolon; and
(3) by adding at the end the following:
``(C) not later than--
``(i) 1 year after the date of enactment of
this subparagraph, demonstrate to the Secretary
that the State agency has developed, in
consultation with State and local law
enforcement, juvenile justice systems, health
care providers, education agencies, and
organizations with experience in dealing with
at-risk children and youth, policies and
procedures (including relevant training for
caseworkers) for identifying, documenting in
agency records, and determining appropriate
services with respect to--
``(I) any child or youth over whom
the State agency has responsibility for
placement, care, or supervision and who
the State has reasonable cause to
believe is, or is at risk of being, a
sex trafficking victim (including
children for whom a State child welfare
agency has an open case file but who
have not been removed from the home,
children who have run away from foster
care and who have not attained 18 years
of age or such older age as the State
has elected under section 475(8) of
this Act, and youth who are not in
foster care but are receiving services
under section 477 of this Act); and
``(II) at the option of the State,
any individual who has not attained 26
years of age, without regard to whether
the individual is or was in foster care
under the responsibility of the State;
and
``(ii) 2 years after such date of
enactment, demonstrate to the Secretary that
the State agency is implementing the policies
and procedures referred to in clause (i).''.
(b) Definition of Sex Trafficking Victim.--Section 475 (42 U.S.C.
675) is amended by adding at the end the following:
``(9) The term `sex trafficking victim' means a victim of--
``(A) sex trafficking (as defined in section
103(10) of the Trafficking Victims Protection Act of
2000); or
``(B) a severe form of trafficking in persons
described in section 103(9)(A) of such Act.''.
SEC. 102. REPORTING INSTANCES OF SEX TRAFFICKING.
(a) State Plan Requirements.--Section 471(a) (42 U.S.C. 671(a)) is
amended--
(1) by striking ``and'' at the end of paragraph (32);
(2) by striking the period at the end of paragraph (33) and
inserting a semicolon; and
(3) by adding at the end the following:
``(34) provides that, for each child or youth described in
paragraph (9)(C)(i)(I), the State agency shall--
``(A) not later than 2 years after the date of the
enactment of this paragraph, report immediately, and in
no case later than 24 hours after receiving information
on children or youth who have been identified as being
a sex trafficking victim, to the law enforcement
authorities; and
``(B) not later than 3 years after such date of
enactment and annually thereafter, report to the
Secretary the total number of children and youth who
are sex trafficking victims.''.
(b) Duties of the Secretary.--Section 471 (42 U.S.C. 671) is
amended by adding at the end the following:
``(d) Annual Reports by the Secretary on Number of Children and
Youth Reported by States To Be Sex Trafficking Victims.--Not later than
4 years after the date of the enactment of this subsection and annually
thereafter, the Secretary shall report to the Congress and make
available to the public on the Internet website of the Department of
Health and Human Services the number of children and youth reported in
accordance with subsection (a)(34)(B) of this section to be sex
trafficking victims (as defined in section 475(9)(A)).''.
SEC. 103. INCLUDING SEX TRAFFICKING DATA IN THE ADOPTION AND FOSTER
CARE ANALYSIS AND REPORTING SYSTEM.
Section 479(c)(3) (42 U.S.C. 679(c)(3)) is amended--
(1) in subparagraph (C)(iii), by striking ``and'' after the
comma; and
(2) by adding at the end the following:
``(E) the annual number of children in foster care
who are identified as sex trafficking victims--
``(i) who were such victims before entering
foster care; and
``(ii) who were such victims while in
foster care; and''.
SEC. 104. LOCATING AND RESPONDING TO CHILDREN WHO RUN AWAY FROM FOSTER
CARE.
Section 471(a) (42 U.S.C. 671(a)), as amended by section 102(a) of
this Act, is amended--
(1) by striking the period at the end of paragraph (34) and
inserting ``; and''; and
(2) by adding at the end the following:
``(35) provides that--
``(A) not later than 1 year after the date of the
enactment of this paragraph, the State shall develop
and implement specific protocols for--
``(i) expeditiously locating any child
missing from foster care;
``(ii) determining the primary factors that
contributed to the child's running away or
otherwise being absent from care, and to the
extent possible and appropriate, responding to
those factors in current and subsequent
placements;
``(iii) determining the child's experiences
while absent from care, including screening the
child to determine if the child is a possible
sex trafficking victim (as defined in section
475(9)(A)); and
``(iv) reporting such related information
as required by the Secretary; and
``(B) not later than 2 years after such date of
enactment, for each child and youth described in
paragraph (9)(C)(i)(I) of this subsection, the State
agency shall report immediately, and in no case later
than 24 hours after receiving, information on missing
or abducted children or youth to the law enforcement
authorities for entry into the National Crime
Information Center (NCIC) database of the Federal
Bureau of Investigation, established pursuant to
section 534 of title 28, United States Code, and to the
National Center for Missing and Exploited Children.''.
SEC. 105. INCREASING INFORMATION ON CHILDREN IN FOSTER CARE TO PREVENT
SEX TRAFFICKING.
Not later than 2 years after the date of the enactment of this Act,
the Secretary of Health and Human Services shall submit to the Congress
a written report which summarizes the following:
(1) Information on children who run away from foster care
and their risk of becoming sex trafficking victims, using data
reported by States under section 479 of the Social Security Act
and information collected by States related to section
471(a)(35) of such Act, including--
(A) characteristics of children who run away from
foster care;
(B) potential factors associated with children
running away from foster care (such as reason for entry
into care, length of stay in care, type of placement,
and other factors that contributed to the child's
running away);
(C) information on children's experiences while
absent from care; and
(D) trends in the number of children reported as
runaways in each fiscal year (including factors that
may have contributed to changes in such trends).
(2) Information on State efforts to provide specialized
services, foster family homes, child care institutions, or
other forms of placement for children who are sex trafficking
victims.
(3) Information on State efforts to ensure children in
foster care form and maintain long-lasting connections to
caring adults, even when a child in foster care must move to
another foster family home or when the child is placed under
the supervision of a new caseworker.
Subtitle B--Improving Opportunities for Children in Foster Care and
Supporting Permanency
SEC. 111. SUPPORTING NORMALCY FOR CHILDREN IN FOSTER CARE.
(a) Reasonable and Prudent Parent Standard.--
(1) Definitions relating to the standard.--Section 475 (42
U.S.C. 675), as amended by section 101(b) of this Act, is
amended by adding at the end the following:
``(10)(A) The term `reasonable and prudent parent standard'
means the standard characterized by careful and sensible
parental decisions that maintain the health, safety, and best
interests of a child while at the same time encouraging the
emotional and developmental growth of the child, that a
caregiver shall use when determining whether to allow a child
in foster care under the responsibility of the State to
participate in extracurricular, enrichment, cultural, and
social activities.
``(B) For purposes of subparagraph (A), the term
`caregiver' means a foster parent with whom a child in foster
care has been placed or a designated official for a child care
institution in which a child in foster care has been placed.
``(11)(A) The term `age or developmentally-appropriate'
means--
``(i) activities or items that are generally
accepted as suitable for children of the same
chronological age or level of maturity or that are
determined to be developmentally-appropriate for a
child, based on the development of cognitive,
emotional, physical, and behavioral capacities that are
typical for an age or age group; and
``(ii) in the case of a specific child, activities
or items that are suitable for the child based on the
developmental stages attained by the child with respect
to the cognitive, emotional, physical, and behavioral
capacities of the child.
``(B) In the event that any age-related activities have
implications relative to the academic curriculum of a child,
nothing in this part or part B shall be construed to authorize
an officer or employee of the Federal Government to mandate,
direct, or control a State or local educational agency, or the
specific instructional content, academic achievement standards
and assessments, curriculum, or program of instruction of a
school.''.
(2) State plan requirement.--Section 471(a)(24) (42 U.S.C.
671(a)(24)) is amended--
(A) by striking ``include'' and inserting
``includes'';
(B) by striking ``and that such preparation'' and
inserting ``that the preparation''; and
(C) by inserting ``, and that the preparation shall
include knowledge and skills relating to the reasonable
and prudent parent standard for the participation of
the child in age or developmentally-appropriate
activities, including knowledge and skills relating to
the developmental stages of the cognitive, emotional,
physical, and behavioral capacities of a child, and
knowledge and skills relating to applying the standard
to decisions such as whether to allow the child to
engage in social, extracurricular, enrichment,
cultural, and social activities, including sports,
field trips, and overnight activities lasting 1 or more
days, and to decisions involving the signing of
permission slips and arranging of transportation for
the child to and from extracurricular, enrichment, and
social activities'' before the semicolon.
(3) Technical assistance.--The Secretary of Health and
Human Services shall provide assistance to the States on best
practices for devising strategies to assist foster parents in
applying a reasonable and prudent parent standard in a manner
that protects child safety, while also allowing children to
experience normal and beneficial activities, including methods
for appropriately considering the concerns of the biological
parents of a child in decisions related to participation of the
child in activities (with the understanding that those concerns
should not necessarily determine the participation of the child
in any activity).
(b) Normalcy for Children in Child Care Institutions.--Section
471(a)(10) (42 U.S.C. 671(a)(10)) is amended to read as follows:
``(10) provides--
``(A) for the establishment or designation of a
State authority or authorities that shall be
responsible for establishing and maintaining standards
for foster family homes and child care institutions
which are reasonably in accord with recommended
standards of national organizations concerned with
standards for the institutions or homes, including
standards related to admission policies, safety,
sanitation, and protection of civil rights, and which
shall permit use of the reasonable and prudent
parenting standard;
``(B) that the standards established pursuant to
subparagraph (A) shall be applied by the State to any
foster family home or child care institution receiving
funds under this part or part B and shall require, as a
condition of each contract entered into by a child care
institution to provide foster care, the presence on-
site of at least 1 official who, with respect to any
child placed at the child care institution, is
designated to be the caregiver who is authorized to
apply the reasonable and prudent parent standard to
decisions involving the participation of the child in
age or developmentally-appropriate activities, and who
is provided with training in how to use and apply the
reasonable and prudent parent standard in the same
manner as prospective foster parents are provided the
training pursuant to paragraph (24);
``(C) that the standards established pursuant to
subparagraph (A) shall include policies related to the
liability of foster parents and private entities under
contract by the State involving the application of the
reasonable and prudent parent standard, to ensure
appropriate liability for caregivers when a child
participates in an approved activity and the caregiver
approving the activity acts in accordance with the
reasonable and prudent parent standard; and
``(D) that a waiver of any standards established
pursuant to subparagraph (A) may be made only on a
case-by-case basis for nonsafety standards (as
determined by the State) in relative foster family
homes for specific children in care;''.
(c) Supporting Participation in Age-Appropriate Activities.--
(1) Section 477(a) (42 U.S.C. 677(a)) is amended--
(A) by striking ``and'' at the end of paragraph
(6);
(B) by striking the period at the end of paragraph
(7) and inserting ``; and''; and
(C) by adding at the end the following:
``(8) to ensure children who are likely to remain in foster
care until 18 years of age have regular, ongoing opportunities
to engage in age or developmentally-appropriate activities as
defined in section 475(11).''.
(2) Section 477(h)(1) (42 U.S.C. 677(h)(1)) is amended by
inserting ``or, beginning in fiscal year 2020, $143,000,000''
after ``$140,000,000''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date that is 1 year after the date of the
enactment of this Act.
(2) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan developed pursuant to part E
of title IV of the Social Security Act to meet the additional
requirements imposed by the amendments made by this section,
the plan shall not be regarded as failing to meet any of the
additional requirements before the 1st day of the 1st calendar
quarter beginning after the 1st regular session of the State
legislature that begins after the date of the enactment of this
Act. If the State has a 2-year legislative session, each year
of the session is deemed to be a separate regular session of
the State legislature.
SEC. 112. IMPROVING ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT AS A
PERMANENCY OPTION.
(a) Elimination of Another Planned Permanent Living Arrangement for
Children Under Age 16.--
(1) In general.--Section 475(5)(C)(i) (42 U.S.C.
675(5)(C)(i)) is amended by inserting ``only in the case of a
child who has attained 16 years of age'' before ``(in cases
where''.
(2) Conforming amendment.--Section 422(b)(8)(A)(iii)(II)
(42 U.S.C. 622(b)(8)(A)(iii)(II)) is amended by inserting ``,
subject to the requirements of sections 475(5)(C) and 475A(a)''
after ``arrangement''.
(3) Delayed applicability with respect to certain
children.--In the case of children in foster care under the
responsibility of an Indian tribe, tribal organization, or
tribal consortium (either directly or under supervision of a
State), the amendments made by this subsection shall not apply
until the date that is 3 years after the date of the enactment
of this Act.
(b) Additional Requirements.--
(1) In general.--Part E of title IV (42 U.S.C. 670 et seq.)
is amended by inserting after section 475 the following:
``SEC. 475A. ADDITIONAL CASE PLAN AND CASE REVIEW SYSTEM REQUIREMENTS.
``(a) Requirements for Another Planned Permanent Living
Arrangement.--In the case of any child for whom another planned
permanent living arrangement is the permanency plan determined for the
child under section 475(5)(C), the following requirements shall apply
for purposes of approving the case plan for the child and the case
system review procedure for the child:
``(1) Documentation of intensive, ongoing, unsuccessful
efforts for family placement.--At each permanency hearing held
with respect to the child, the State agency documents the
intensive, ongoing, and, as of the date of the hearing,
unsuccessful efforts made by the State agency to return the
child home or secure a placement for the child with a fit and
willing relative (including adult siblings), a legal guardian,
or an adoptive parent, including through efforts that utilize
search technology (including social media) to find biological
family members for the children.
``(2) Redetermination of appropriateness of placement at
each permanency hearing.--The State agency shall implement
procedures to ensure that, at each permanency hearing held with
respect to the child, the court or administrative body
appointed or approved by the court conducting the hearing on
the permanency plan for the child does the following:
``(A) Ask the child about the desired permanency
outcome for the child.
``(B) Make a judicial determination explaining why,
as of the date of the hearing, another planned
permanent living arrangement is the best permanency
plan for the child and provide compelling reasons why
it continues to not be in the best interests of the
child to--
``(i) return home;
``(ii) be placed for adoption;
``(iii) be placed with a legal guardian; or
``(iv) be placed with a fit and willing
relative.
``(3) Demonstration of support for engaging in age or
developmentally-appropriate activities and social events.--At
each permanency hearing held with respect to the child, the
State agency shall document the steps the State agency is
taking to ensure that--
``(A) the child's foster family home or child care
institution is following the reasonable and prudent
parent standard; and
``(B) the child has regular, ongoing opportunities
to engage in age or developmentally appropriate
activities (including by consulting with the child in
an age-appropriate manner about the opportunities of
the child to participate in the activities).''.
(2) Conforming amendments.--
(A) State plan requirements.--
(i) Part b.--Section 422(b)(8)(A)(ii) (42
U.S.C. 622(b)(8)(A)(ii)) is amended by
inserting ``and in accordance with the
requirements of section 475A'' after ``section
475(5)''.
(ii) Part e.--Section 471(a)(16) (42 U.S.C.
671(a)(16)) is amended--
(I) by inserting ``and in
accordance with the requirements of
section 475A'' after ``section
475(1)''; and
(II) by striking ``section
475(5)(B)'' and inserting ``sections
475(5) and 475A''.
(B) Definitions.--Section 475 (42 U.S.C. 675) is
amended--
(i) in paragraph (1), in the matter
preceding subparagraph (A), by inserting
``meets the requirements of section 475A and''
after ``written document which''; and
(ii) in paragraph (5)--
(I) in subparagraph (B), by adding
at the end the following ``and, for a
child for whom another planned
permanent living arrangement has been
determined as the permanency plan, the
steps the State agency is taking to
ensure the child's foster family home
or child care institution is following
the reasonable and prudent parent
standard and to ascertain whether the
child has regular, ongoing
opportunities to engage in age or
developmentally appropriate activities
(including by consulting with the child
in an age-appropriate manner about the
opportunities of the child to
participate in the activities);''; and
(II) in subparagraph (C)--
(aa) by inserting ``, as of
the date of the hearing,''
after ``compelling reason for
determining''; and
(bb) by inserting ``subject
to section 475A(a),'' after
``another planned permanent
living arrangement,''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date that is 1 year after the date of the
enactment of this Act.
(2) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan developed pursuant to part E
of title IV of the Social Security Act to meet the additional
requirements imposed by the amendments made by this section,
the plan shall not be regarded as failing to meet any of the
additional requirements before the 1st day of the 1st calendar
quarter beginning after the 1st regular session of the State
legislature that begins after the date of the enactment of this
Act. If the State has a 2-year legislative session, each year
of the session is deemed to be a separate regular session of
the State legislature.
SEC. 113. EMPOWERING FOSTER CHILDREN AGE 14 AND OLDER IN THE
DEVELOPMENT OF THEIR OWN CASE PLAN AND TRANSITION
PLANNING FOR A SUCCESSFUL ADULTHOOD.
(a) In General.--Section 475(1)(B) (42 U.S.C. 675(1)(B)) is amended
by adding at the end the following: ``With respect to a child who has
attained 14 years of age, the plan developed for the child in
accordance with this paragraph, and any revision or addition to the
plan, shall be developed in consultation with the child and, at the
option of the child, with up to 2 members of the case planning team who
are chosen by the child and who are not a foster parent of, or
caseworker for, the child. A State may reject an individual selected by
a child to be a member of the case planning team at any time if the
State has good cause to believe that the individual would not act in
the best interests of the child. One individual selected by a child to
be a member of the child's case planning team may be designated to be
the child's advisor and, as necessary, advocate, with respect to the
application of the reasonable and prudent parent standard to the
child.''.
(b) Conforming Amendments To Include Children 14 and Older in
Transition Planning.--Section 475 (42 U.S.C. 675) is amended--
(1) in paragraph (1)(D), by striking ``Where appropriate,
for a child age 16'' and inserting ``For a child who has
attained 14 years of age''; and
(2) in paragraph (5)--
(A) in subparagraph (C)--
(i) in clause (i), by striking ``16'' and
inserting ``14'';
(ii) by striking ``and'' at the end of
clause (ii); and
(iii) by adding at the end the following:
``and (iv) if a child has attained 14 years of
age, the permanency plan developed for the
child, and any revision or addition to the
plan, shall be developed in consultation with
the child and, at the option of the child, with
not more than 2 members of the permanency
planning team who are selected by the child and
who are not a foster parent of, or caseworker
for, the child, except that the State may
reject an individual so selected by the child
if the State has good cause to believe that the
individual would not act in the best interests
of the child, and 1 individual so selected by
the child may be designated to be the child's
advisor and, as necessary, advocate, with
respect to the application of the reasonable
and prudent standard to the child;''; and
(B) in subparagraph (I), by striking ``16'' and
inserting ``14''.
(c) Transition Planning for a Successful Adulthood.--Paragraphs
(1)(D), (5)(C)(i), and (5)(C)(iii) of section 475 (42 U.S.C. 675) are
each amended by striking ``independent living'' and inserting ``a
successful adulthood''.
(d) List of Rights.--Section 475A, as added by section 112(b)(1) of
this Act, is amended by adding at the end the following:
``(b) List of Rights.--The case plan for any child in foster care
under the responsibility of the State who has attained 14 years of age
shall include--
``(1) a document that describes the rights of the child
with respect to education, health, visitation, and court
participation, the right to be provided with the documents
specified in section 475(5)(I) in accordance with that section,
and the right to stay safe and avoid exploitation; and
``(2) a signed acknowledgment by the child that the child
has been provided with a copy of the document and that the
rights contained in the document have been explained to the
child in an age-appropriate way.''.
(e) Report.--Not later than 2 years after the date of the enactment
of this Act, the Secretary of Health and Human Services shall submit a
report to Congress regarding the implementation of the amendments made
by this section. The report shall include--
(1) an analysis of how States are administering the
requirements of paragraphs (1)(B) and (5)(C) of section 475 of
the Social Security Act, as amended by subsections (a) and (b)
of this section, that a child in foster care who has attained
14 years of age be permitted to select up to 2 members of the
case planning team or permanency planning team for the child
from individuals who are not a foster parent of, or caseworker
for, the child; and
(2) a description of best practices of States with respect
to the administration of the requirements.
(f) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date that is 1 year after the date of the
enactment of this Act.
(2) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan developed pursuant to part E
of title IV of the Social Security Act to meet the additional
requirements imposed by the amendments made by this section,
the plan shall not be regarded as failing to meet any of the
additional requirements before the 1st day of the 1st calendar
quarter beginning after the 1st regular session of the State
legislature that begins after the date of the enactment of this
Act. If the State has a 2-year legislative session, each year
of the session is deemed to be a separate regular session of
the State legislature.
SEC. 114. ENSURING FOSTER CHILDREN HAVE A BIRTH CERTIFICATE, SOCIAL
SECURITY CARD, HEALTH INSURANCE INFORMATION, MEDICAL
RECORDS, AND A DRIVER'S LICENSE OR EQUIVALENT STATE-
ISSUED IDENTIFICATION CARD.
(a) Case Review System Requirement.--Section 475(5)(I) (42 U.S.C.
675(5)(I)) is amended--
(1) by striking ``and receives assistance'' and inserting
``receives assistance''; and
(2) by inserting ``, and, if the child is leaving foster
care by reason of having attained 18 years of age or such
greater age as the State has elected under paragraph (8),
unless the child has been in foster care for less than 6
months, is not discharged from care without being provided with
(if the child is eligible to receive such document) an official
or certified copy of the United States birth certificate of the
child, a social security card issued by the Commissioner of
Social Security, health insurance information, a copy of the
child's medical records, and a driver's license or
identification card issued by a State in accordance with the
requirements of section 202 of the REAL ID Act of 2005'' before
the period.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect 1 year after the date of enactment of this Act.
(2) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan developed pursuant to part E
of title IV of the Social Security Act to meet the additional
requirements imposed by the amendments made by this section,
the plan shall not be regarded as failing to meet any of the
additional requirements before the 1st day of the 1st calendar
quarter beginning after the 1st regular session of the State
legislature that begins after the date of the enactment of this
Act. If the State has a 2-year legislative session, each year
of the session is deemed to be a separate regular session of
the State legislature.
SEC. 115. INFORMATION ON CHILDREN IN FOSTER CARE IN ANNUAL REPORTS
USING AFCARS DATA; CONSULTATION.
Section 479A (42 U.S.C. 679b) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary'';
(2) in paragraph (5), by striking ``and'' after the
semicolon;
(3) in paragraph (6)(C), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(7) include in the report submitted pursuant to paragraph
(5) for fiscal year 2016 or any succeeding fiscal year, State-
by-State data on--
``(A) children in foster care who have been placed
in a child care institution or other setting that is
not a foster family home, including--
``(i) the number of children in the
placements and their ages, including
separately, the number and ages of children who
have a permanency plan of another planned
permanent living arrangement;
``(ii) the duration of the placement in the
settings (including for children who have a
permanency plan of another planned permanent
living arrangement);
``(iii) the types of child care
institutions used (including group homes,
residential treatment, shelters, or other
congregate care settings);
``(iv) with respect to each child care
institution or other setting that is not a
foster family home, the number of children in
foster care residing in each such institution
or non-foster family home;
``(v) any clinically diagnosed special need
of such children; and
``(vi) the extent of any specialized
education, treatment, counseling, or other
services provided in the settings; and
``(B) children in foster care who are pregnant or
parenting.
``(b) Consultation on Other Issues.--The Secretary shall consult
with States and organizations with an interest in child welfare,
including organizations that provide adoption and foster care services,
and shall take into account requests from Members of Congress, in
selecting other issues to be analyzed and reported on under this
section using data available to the Secretary, including data reported
by States through the Adoption and Foster Care Analysis and Reporting
System and to the National Youth in Transition Database.''.
Subtitle C--National Advisory Committee
SEC. 121. ESTABLISHMENT OF A NATIONAL ADVISORY COMMITTEE ON THE SEX
TRAFFICKING OF CHILDREN AND YOUTH IN THE UNITED STATES.
Title XI (42 U.S.C. 1301 et seq.) is amended by inserting after
section 1114 the following:
``national advisory committee on the sex trafficking of chiildren and
youth in the united states
``Sec. 1114A. (a) Official Designation.--This section relates to
the National Advisory Committee on the Sex Trafficking of Children and
Youth in the United States (in this section referred to as the
`Committee').
``(b) Authority.--Not later than 2 years after the date of
enactment of this section, the Secretary shall establish and appoint
all members of the Committee.
``(c) Membership.--
``(1) Composition.--The Committee shall be composed of not
more than 21 members whose diverse experience and background
enable them to provide balanced points of view with regard to
carrying out the duties of the Committee.
``(2) Selection.--The Secretary, in consultation with the
Attorney General and National Governors Association, shall
appoint the members to the Committee. At least 1 Committee
member shall be a former sex trafficking victim. 2 Committee
members shall be a Governor of a State, 1 of whom shall be a
member of the Democratic Party and 1 of whom shall be a member
of the Republican Party.
``(3) Period of appointment; vacancies.--Members shall be
appointed for the life of the Committee. A vacancy in the
Committee shall be filled in the manner in which the original
appointment was made and shall not affect the powers or duties
of the Committee.
``(4) Compensation.--Committee members shall serve without
compensation or per diem in lieu of subsistence.
``(d) Duties.--
``(1) National response.--The Committee shall advise the
Secretary and the Attorney General on practical and general
policies concerning improvements to the Nation's response to
the sex trafficking of children and youth in the United States.
``(2) Policies for cooperation.--The Committee shall advise
the Secretary and the Attorney General on practical and general
policies concerning the cooperation of Federal, State, local,
and tribal governments, child welfare agencies, social service
providers, physical health and mental health providers, victim
service providers, State or local courts with responsibility
for conducting or supervising proceedings relating to child
welfare or social services for children and their families,
Federal, State, and local police, juvenile detention centers,
and runaway and homeless youth programs, schools, the gaming
and entertainment industry, and businesses and organizations
that provide services to youth, on responding to sex
trafficking, including the development and implementation of--
``(A) successful interventions with children and
youth who are exposed to conditions that make them
vulnerable to, or victims of, sex trafficking; and
``(B) recommendations for administrative or
legislative changes necessary to use programs,
properties, or other resources owned, operated, or
funded by the Federal Government to provide safe
housing for children and youth who are sex trafficking
victims and provide support to entities that provide
housing or other assistance to the victims.
``(3) Best practices and recommendations for states.--
``(A) In general.--Within 2 years after the
establishment of the Committee, the Committee shall
develop 2 tiers (referred to in this subparagraph as
`Tier I' and `Tier II') of recommended best practices
for States to follow in combating the sex trafficking
of children and youth. Tier I shall provide States that
have not yet substantively addressed the sex
trafficking of children and youth with an idea of where
to begin and what steps to take. Tier II shall provide
States that are already working to address the sex
trafficking of children and youth with examples of
policies that are already being used effectively by
other States to address sex trafficking.
``(B) Development.--The best practices shall be
based on multidisciplinary research and promising,
evidence-based models and programs as reflected in
State efforts to meet the requirements of sections 101
and 102 of the Preventing Sex Trafficking and
Strengthening Families Act.
``(C) Content.--The best practices shall be user-
friendly, incorporate the most up-to-date technology,
and include the following:
``(i) Sample training materials, protocols,
and screening tools that, to the extent
possible, accommodate for regional differences
among the States, to prepare individuals who
administer social services to identify and
serve children and youth who are sex
trafficking victims or at-risk of sex
trafficking.
``(ii) Multidisciplinary strategies to
identify victims, manage cases, and improve
services for all children and youth who are at
risk of sex trafficking, or are sex trafficking
victims, in the United States.
``(iii) Sample protocols and
recommendations based on current States'
efforts, accounting for regional differences
between States that provide for effective,
cross-system collaboration between Federal,
State, local, and tribal governments, child
welfare agencies, social service providers,
physical health and mental health providers,
victim service providers, State or local courts
with responsibility for conducting or
supervising proceedings relating to child
welfare or social services for children and
their families, the gaming and entertainment
industry, Federal, State, and local police,
juvenile detention centers and runaway and
homeless youth programs, housing resources that
are appropriate for housing child and youth
victims of trafficking, schools, and businesses
and organizations that provide services to
children and youth. These protocols and
recommendations should include strategies to
identify victims and collect, document, and
share data across systems and agencies, and
should be designed to help agencies better
understand the type of sex trafficking
involved, the scope of the problem, the needs
of the population to be served, ways to address
the demand for trafficked children and youth
and increase prosecutions of traffickers and
purchasers of children and youth, and the
degree of victim interaction with multiple
systems.
``(iv) Developing the criteria and
guidelines necessary for establishing safe
residential placements for foster children who
have been sex trafficked as well as victims of
trafficking identified through interaction with
law enforcement.
``(v) Developing training guidelines for
caregivers that serve children and youth being
cared for outside the home.
``(D) Informing states of best practices.--The
Committee, in coordination with the National Governors
Association, Secretary and Attorney General, shall
ensure that State Governors and child welfare agencies
are notified and informed on a quarterly basis of the
best practices and recommendations for States, and
notified 6 months in advance that the Committee will be
evaluating the extent to which States adopt the
Committee's recommendations.
``(E) Report on state implementation.--Within 3
years after the establishment of the Committee, the
Committee shall submit to the Secretary and the
Attorney General, as part of its final report as well
as for online and publicly available publication, a
description of what each State has done to implement
the recommendations of the Committee.
``(e) Reports.--
``(1) In general.--The Committee shall submit an interim
and a final report on the work of the Committee to--
``(A) the Secretary;
``(B) the Attorney General;
``(C) the Committee on Finance of the Senate; and
``(D) the Committee on Ways and Means of the House
of Representatives.
``(2) Reporting dates.--The interim report shall be
submitted not later than 3 years after the establishment of the
Committee. The final report shall be submitted not later than 4
years after the establishment of the Committee.
``(f) Administration.--
``(1) Agency support.--The Secretary shall direct the head
of the Administration for Children and Families of the
Department of Health and Human Services to provide all
necessary support for the Committee.
``(2) Meetings.--
``(A) In general.--The Committee will meet at the
call of the Secretary at least twice each year to carry
out this section, and more often as otherwise required.
``(B) Accommodation for committee members unable to
attend in person.--The Secretary shall create a process
through which Committee members who are unable to
travel to a Committee meeting in person may participate
remotely through the use of video conference,
teleconference, online, or other means.
``(3) Subcommittees.--The Committee may establish
subcommittees or working groups, as necessary and consistent
with the mission of the Committee. The subcommittees or working
groups shall have no authority to make decisions on behalf of
the Committee, nor shall they report directly to any official
or entity listed in subsection (d).
``(4) Recordkeeping.--The records of the Committee and any
subcommittees and working groups shall be maintained in
accordance with appropriate Department of Health and Human
Services policies and procedures and shall be available for
public inspection and copying, subject to the Freedom of
Information Act (5 U.S.C. 552).
``(g) Termination.--The Committee shall terminate 5 years after the
date of its establishment, but the Secretary shall continue to operate
and update, as necessary, an Internet website displaying the State best
practices, recommendations, and evaluation of State-by-State
implementation of the Secretary's recommendations.
``(h) Definition.--For the purpose of this section, the term `sex
trafficking' includes the definition set forth in section 103(10) of
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(10)) and
`severe form of trafficking in persons' described in section 103(9)(A)
of such Act.''.
TITLE II--IMPROVING ADOPTION INCENTIVES AND EXTENDING FAMILY CONNECTION
GRANTS
Subtitle A--Improving Adoption Incentive Payments
SEC. 201. EXTENSION OF PROGRAM THROUGH FISCAL YEAR 2016.
Section 473A (42 U.S.C. 673b) is amended--
(1) in subsection (b)(5), by striking ``2008 through 2012''
and inserting ``2013 through 2015''; and
(2) in each of paragraphs (1)(D) and (2) of subsection (h),
by striking ``2013'' and inserting ``2016''.
SEC. 202. IMPROVEMENTS TO AWARD STRUCTURE.
(a) Eligibility for Award.--Section 473A(b) (42 U.S.C. 673b(b)) is
amended by striking paragraph (2) and redesignating paragraphs (3)
through (5) as paragraphs (2) through (4), respectively.
(b) Data Requirements.--Section 473A(c)(2) (42 U.S.C. 673b(c)(2))
is amended--
(1) in the paragraph heading, by striking ``numbers of
adoptions'' and inserting ``rates of adoptions and
guardianships'';
(2) by striking ``the numbers'' and all that follows
through ``section,'' and inserting ``each of the rates required
to be determined under this section with respect to a State and
a fiscal year,''; and
(3) by inserting before the period the following: ``, and,
with respect to the determination of the rates related to
foster child guardianships, on the basis of information
reported to the Secretary under paragraph (12) of subsection
(g)''.
(c) Award Amount.--Section 473A(d) (42 U.S.C. 673b(d)) is amended--
(1) in paragraph (1), by striking subparagraphs (A) through
(C) and inserting the following:
``(A) $5,000, multiplied by the amount (if any) by
which--
``(i) the number of foster child adoptions
in the State during the fiscal year; exceeds
``(ii) the product (rounded to the nearest
whole number) of--
``(I) the base rate of foster child
adoptions for the State for the fiscal
year; and
``(II) the number of children in
foster care under the supervision of
the State on the last day of the
preceding fiscal year;
``(B) $7,500, multiplied by the amount (if any) by
which--
``(i) the number of pre-adolescent child
adoptions and pre-adolescent foster child
guardianships in the State during the fiscal
year; exceeds
``(ii) the product (rounded to the nearest
whole number) of--
``(I) the base rate of pre-
adolescent child adoptions and pre-
adolescent foster child guardianships
for the State for the fiscal year; and
``(II) the number of children in
foster care under the supervision of
the State on the last day of the
preceding fiscal year who have attained
9 years of age but not 14 years of age;
and
``(C) $10,000, multiplied by the amount (if any) by
which--
``(i) the number of older child adoptions
and older foster child guardianships in the
State during the fiscal year; exceeds
``(ii) the product (rounded to the nearest
whole number) of--
``(I) the base rate of older child
adoptions and older foster child
guardianships for the State for the
fiscal year; and
``(II) the number of children in
foster care under the supervision of
the State on the last day of the
preceding fiscal year who have attained
14 years of age; and
``(D) $4,000, multiplied by the amount (if any) by
which--
``(i) the number of foster child
guardianships in the State during the fiscal
year; exceeds
``(ii) the product (rounded to the nearest
whole number) of--
``(I) the base rate of foster child
guardianships for the State for the
fiscal year; and
``(II) the number of children in
foster care under the supervision of
the State on the last day of the
preceding fiscal year.''; and
(2) by striking paragraph (3) and inserting the following:
``(3) Increased adoption and legal guardianship incentive
payment for timely adoptions.--
``(A) In general.--If for any of fiscal years 2013
through 2015, the total amount of adoption and legal
guardianship incentive payments payable under paragraph
(1) of this subsection are less than the amount
appropriated under subsection (h) for the fiscal year,
then, from the remainder of the amount appropriated for
the fiscal year that is not required for such payments
(in this paragraph referred to as the `timely adoption
award pool'), the Secretary shall increase the adoption
incentive payment determined under paragraph (1) for
each State that the Secretary determines is a timely
adoption award State for the fiscal year by the award
amount determined for the fiscal year under
subparagraph (C).
``(B) Timely adoption award state defined.--A State
is a timely adoption award State for a fiscal year if
the Secretary determines that, for children who were in
foster care under the supervision of the State at the
time of adoptive placement, the average number of
months from removal of children from their home to the
placement of children in finalized adoptions is less
than 24 months.
``(C) Award amount.--For purposes of subparagraph
(A), the award amount determined under this
subparagraph with respect to a fiscal year is the
amount equal to the timely adoption award pool for the
fiscal year divided by the number of timely adoption
award States for the fiscal year.''.
(d) Definitions.--Section 473A(g) (42 U.S.C. 673b(g)) is amended by
striking paragraphs (1) through (8) and inserting the following:
``(1) Foster child adoption rate.--The term `foster child
adoption rate' means, with respect to a State and a fiscal
year, the percentage determined by dividing--
``(A) the number of foster child adoptions
finalized in the State during the fiscal year; by
``(B) the number of children in foster care under
the supervision of the State on the last day of the
preceding fiscal year.
``(2) Base rate of foster child adoptions.--The term `base
rate of foster child adoptions' means, with respect to a State
and a fiscal year, the lesser of--
``(A) the foster child adoption rate for the State
for the then immediately preceding fiscal year; or
``(B) the foster child adoption rate for the State
for the average of the then immediately preceding 3
fiscal years.
``(3) Foster child adoption.--The term `foster child
adoption' means the final adoption of a child who, at the time
of adoptive placement, was in foster care under the supervision
of the State.
``(4) Pre-adolescent child adoption and pre-adolescent
foster child guardianship rate.--The term `pre-adolescent child
adoption and pre-adolescent foster child guardianship rate'
means, with respect to a State and a fiscal year, the
percentage determined by dividing--
``(A) the number of pre-adolescent child adoptions
and pre-adolescent foster child guardianships finalized
in the State during the fiscal year; by
``(B) the number of children in foster care under
the supervision of the State on the last day of the
preceding fiscal year, who have attained 9 years of age
but not 14 years of age.
``(5) Base rate of pre-adolescent child adoptions and pre-
adolescent foster child guardianships.--The term `base rate of
pre-adolescent child adoptions and pre-adolescent foster child
guardianships' means, with respect to a State and a fiscal
year, the lesser of--
``(A) the pre-adolescent child adoption and pre-
adolescent foster child guardianship rate for the State
for the then immediately preceding fiscal year; or
``(B) the pre-adolescent child adoption and pre-
adolescent foster child guardianship rate for the State
for the average of the then immediately preceding 3
fiscal years.
``(6) Pre-adolescent child adoption and pre-adolescent
foster child guardianship.--The term `pre-adolescent child
adoption and pre-adolescent foster child guardianship' means
the final adoption, or the placement into foster child
guardianship (as defined in paragraph (12)) of a child who has
attained 9 years of age but not 14 years of age if--
``(A) at the time of the adoptive or foster child
guardianship placement, the child was in foster care
under the supervision of the State; or
``(B) an adoption assistance agreement was in
effect under section 473(a) with respect to the child.
``(7) Older child adoption and older foster child
guardianship rate.--The term `older child adoption and older
foster child guardianship rate' means, with respect to a State
and a fiscal year, the percentage determined by dividing--
``(A) the number of older child adoptions and older
foster child guardianships finalized in the State
during the fiscal year; by
``(B) the number of children in foster care under
the supervision of the State on the last day of the
preceding fiscal year, who have attained 14 years of
age.
``(8) Base rate of older child adoptions and older foster
child guardianships.--The term `base rate of older child
adoptions and older foster child guardianships' means, with
respect to a State and a fiscal year, the lesser of--
``(A) the older child adoption and older foster
child guardianship rate for the State for the then
immediately preceding fiscal year; or
``(B) the older child adoption and older foster
child guardianship rate for the State for the average
of the then immediately preceding 3 fiscal years.
``(9) Older child adoption and older foster child
guardianship.--The term `older child adoption and older foster
child guardianship' means the final adoption, or the placement
into foster child guardianship (as defined in paragraph (12))
of a child who has attained 14 years of age if--
``(A) at the time of the adoptive or foster child
guardianship placement, the child was in foster care
under the supervision of the State; or
``(B) an adoption assistance agreement was in
effect under section 473(a) with respect to the child.
``(10) Foster child guardianship rate.--The term `foster
child guardianship rate' means, with respect to a State and a
fiscal year, the percentage determined by dividing--
``(A) the number of foster child guardianships
occurring in the State during the fiscal year; by
``(B) the number of children in foster care under
the supervision of the State on the last day of the
preceding fiscal year.
``(11) Base rate of foster child guardianships.--The term
`base rate of foster child guardianships' means, with respect
to a State and a fiscal year, the lesser of--
``(A) the foster child guardianship rate for the
State for the then immediately preceding fiscal year;
or
``(B) the foster child guardianship rate for the
State for the average of the then immediately preceding
3 fiscal years.
``(12) Foster child guardianship.--The term `foster child
guardianship' means, with respect to a State, the exit of a
child from foster care under the responsibility of the State to
live with a legal guardian, if the State has reported to the
Secretary--
``(A) that the State agency has determined that--
``(i) the child has been removed from his
or her home pursuant to a voluntary placement
agreement or as a result of a judicial
determination to the effect that continuation
in the home would be contrary to the welfare of
the child;
``(ii) being returned home or adopted are
not appropriate permanency options for the
child;
``(iii) the child demonstrates a strong
attachment to the prospective legal guardian,
and the prospective legal guardian has a strong
commitment to caring permanently for the child;
and
``(iv) if the child has attained 14 years
of age, the child has been consulted regarding
the legal guardianship arrangement; or
``(B) the alternative procedures used by the State
to determine that legal guardianship is the appropriate
option for the child.''.
SEC. 203. RENAMING OF PROGRAM.
(a) In General.--The section heading of section 473A (42 U.S.C.
673b) is amended to read as follows:
``SEC. 473A. ADOPTION AND LEGAL GUARDIANSHIP INCENTIVE PAYMENTS.''.
(b) Conforming Amendments.--
(1) Section 473A is amended in each of subsections (a),
(d)(1), (d)(2)(A), and (d)(2)(B) (42 U.S.C. 673b(a), (d)(1),
(d)(2)(A), and (d)(2)(B)) by inserting ``and legal
guardianship'' after ``adoption'' each place it appears.
(2) The heading of section 473A(d) (42 U.S.C. 673b(d)) is
amended by inserting ``and Legal Guardianship'' after
``Adoption''.
SEC. 204. LIMITATION ON USE OF INCENTIVE PAYMENTS.
Section 473A(f) (42 U.S.C. 673b(f)) is amended in the 1st sentence
by inserting ``, and shall use the amount to supplement, and not
supplant, any Federal or non-Federal funds used to provide any service
under part B or E'' before the period.
SEC. 205. INCREASE IN PERIOD FOR WHICH INCENTIVE PAYMENTS ARE AVAILABLE
FOR EXPENDITURE.
Section 473A(e) (42 U.S.C. 673b(e)) is amended--
(1) in the subsection heading, by striking ``24-month'' and
inserting ``36-month''; and
(2) by striking ``24-month'' and inserting ``36-month''.
SEC. 206. STATE REPORT ON CALCULATION AND USE OF SAVINGS RESULTING FROM
THE PHASE-OUT OF ELIGIBILITY REQUIREMENTS FOR ADOPTION
ASSISTANCE; REQUIREMENT TO SPEND 30 PERCENT OF SAVINGS ON
CERTAIN SERVICES.
Section 473(a)(8) (42 U.S.C. 673(a)(8)) is amended to read as
follows:
``(8)(A) A State shall calculate the savings (if any) resulting
from the application of paragraph (2)(A)(ii) to all applicable children
for a fiscal year, using a methodology specified by the Secretary or an
alternate methodology proposed by the State and approved by the
Secretary.
``(B) A State shall annually report to the Secretary--
``(i) the methodology used to make the calculation
described in subparagraph (A), without regard to whether any
savings are found;
``(ii) the amount of any savings referred to in
subparagraph (A); and
``(iii) how any such savings are spent, accounting for and
reporting the spending separately from any other spending
reported to the Secretary under part B or this part.
``(C) The Secretary shall make all information reported pursuant to
subparagraph (B) available on the website of the Department of Health
and Human Services in a location easily accessible to the public.
``(D)(i) A State shall spend an amount equal to the amount of the
savings (if any) in State expenditures under this part resulting from
the application of paragraph (2)(A)(ii) to all applicable children for
a fiscal year, to provide to children of families any service that may
be provided under part B or this part. A State shall spend not less
than 30 percent of any such savings on post-adoption services, post-
guardianship services, and services to support and sustain positive
permanent outcomes for children who otherwise might enter into foster
care under the responsibility of the State, with at least \2/3\ of the
spending by the State to comply with such 30 percent requirement being
spent on post-adoption and post-guardianship services.
``(ii) Any State spending required under clause (i) shall be used
to supplement, and not supplant, any Federal or non-Federal funds used
to provide any service under part B or this part.''.
SEC. 207. PRESERVATION OF ELIGIBILITY FOR KINSHIP GUARDIANSHIP
ASSISTANCE PAYMENTS WITH A SUCCESSOR GUARDIAN.
Section 473(d)(3) (42 U.S.C. 673(d)(3)) is amended by adding at the
end the following:
``(C) Eligibility not affected by replacement of
guardian with a successor guardian.--In the event of
the death or incapacity of the relative guardian, the
eligibility of a child for a kinship guardianship
assistance payment under this subsection shall not be
affected by reason of the replacement of the relative
guardian with a successor legal guardian named in the
kinship guardianship assistance agreement referred to
in paragraph (1) (including in any amendment to the
agreement), notwithstanding subparagraph (A) of this
paragraph and section 471(a)(28).''.
SEC. 208. DATA COLLECTION ON ADOPTION AND LEGAL GUARDIANSHIP DISRUPTION
AND DISSOLUTION.
Section 479 (42 U.S.C. 679) is amended by adding at the end the
following:
``(d) To promote improved knowledge on how best to ensure strong,
permanent families for children, the Secretary shall promulgate
regulations providing for the collection and analysis of information
regarding children who enter into foster care under the supervision of
a State after prior finalization of an adoption or legal guardianship.
The regulations shall require each State with a State plan approved
under this part to collect and report as part of such data collection
system the number of children who enter foster care under supervision
of the State after finalization of an adoption or legal guardianship
and may include information concerning the length of the prior adoption
or guardianship, the age of the child at the time of the prior adoption
or guardianship, the age at which the child subsequently entered foster
care under supervision of the State, the type of agency involved in
making the prior adoptive or guardianship placement, and any other
factors determined necessary to better understand factors associated
with the child's post-adoption or post-guardianship entry to foster
care.''.
SEC. 209. ENCOURAGING THE PLACEMENT OF CHILDREN IN FOSTER CARE WITH
SIBLINGS.
(a) State Plan Amendment.--
(1) Notification of parents of siblings.--Section
471(a)(29) (42 U.S.C. 671(a)(29)) is amended by striking ``all
adult grandparents'' and inserting ``the following relatives:
all adult grandparents, all parents of a sibling of the child,
where such parent has legal custody of such sibling,''.
(2) Sibling defined.--Section 475 (42 U.S.C. 675), as
amended by sections 101(b) and 111(a)(1) of this Act, is
amended by adding at the end the following:
``(12) The term `sibling' means an individual who satisfies
at least one of the following conditions with respect to a
child:
``(A) The individual is considered by State law to
be a sibling of the child.
``(B) The individual would have been considered a
sibling of the child under State law but for a
termination or other disruption of parental rights,
such as the death of a parent.''.
(b) Rule of Construction.--Nothing in this section shall be
construed as subordinating the rights of foster or adoptive parents of
a child to the rights of the parents of a sibling of that child.
SEC. 210. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided in this section, the
amendments made by this subtitle shall take effect as if enacted on
October 1, 2013.
(b) Restructuring and Renaming of Program.--
(1) In general.--The amendments made by sections 202 and
203 shall take effect on October 1, 2014, subject to paragraph
(2).
(2) Transition rule.--
(A) In general.--Notwithstanding any other
provision of law, the total amount payable to a State
under section 473A of the Social Security Act for
fiscal year 2014 shall be an amount equal to \1/2\ of
the sum of--
(i) the total amount that would be payable
to the State under such section for fiscal year
2014 if the amendments made by section 202 of
this Act had not taken effect; and
(ii) the total amount that would be payable
to the State under such section for fiscal year
2014 in the absence of this paragraph.
(B) Pro rata adjustment if insufficient funds
available.--If the total amount otherwise payable under
subparagraph (A) for fiscal year 2014 exceeds the
amount appropriated pursuant to section 473A(h) of the
Social Security Act (42 U.S.C. 673b(h)) for that fiscal
year, the amount payable to each State under
subparagraph (A) for fiscal year 2014 shall be--
(i) the amount that would otherwise be
payable to the State under subparagraph (A) for
fiscal year 2014; multiplied by
(ii) the percentage represented by the
amount so appropriated for fiscal year 2014,
divided by the total amount otherwise payable
under subparagraph (A) to all States for that
fiscal year.
(c) Use of Incentive Payments; Eligibility for Kinship Guardianship
Assistance Payments With a Successor Guardian; Data Collection.--The
amendments made by sections 204, 207, and 208 shall take effect on the
date of enactment of this Act.
(d) Calculation and Use of Savings Resulting From the Phase-Out of
Eligibility Requirements for Adoption Assistance.--The amendment made
by section 206 shall take effect on October 1, 2014.
(e) Notification of Parents of Siblings.--
(1) In general.--The amendments made by section 209 shall
take effect on the date of enactment of this Act, subject to
paragraph (2).
(2) Delay permitted if state legislation required.--In the
case of a State plan approved under part E of title IV of the
Social Security Act which the Secretary of Health and Human
Services determines requires State legislation (other than
legislation appropriating funds) in order for the plan to meet
the additional requirements imposed by section 209, the State
plan shall not be regarded as failing to comply with the
requirements of such part solely on the basis of the failure of
the plan to meet such additional requirements before the 1st
day of the 1st calendar quarter beginning after the close of
the 1st regular session of the State legislature that ends
after the 1-year period beginning with the date of enactment of
this Act. For purposes of the preceding sentence, in the case
of a State that has a 2-year legislative session, each year of
the session is deemed to be a separate regular session of the
State legislature.
Subtitle B--Extending the Family Connection Grant Program
SEC. 221. EXTENSION OF FAMILY CONNECTION GRANT PROGRAM.
(a) In General.--Section 427(h) (42 U.S.C. 627(h)) is amended by
striking ``2013'' and inserting ``2014''.
(b) Eligibility of Universities for Matching Grants.--Section
427(a) (42 U.S.C. 627(a)) is amended, in the matter preceding paragraph
(1)--
(1) by striking ``and'' before ``private''; and
(2) by inserting ``and institutions of higher education (as
defined under section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001)),'' after ``arrangements,''.
(c) Finding Families for Foster Children Who Are Parents.--Section
427(a)(1)(E) (42 U.S.C. 627(a)(1)(E)) is amended by inserting ``and
other individuals who are willing and able to be foster parents for
children in foster care under the responsibility of the State who are
themselves parents'' after ``kinship care families''.
(d) Reservation of Funds.--Section 427(g) (42 U.S.C. 627(g)) is
amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively.
(e) Effective Date.--The amendments made by this section shall take
effect as if enacted on October 1, 2013.
TITLE III--IMPROVING INTERNATIONAL CHILD SUPPORT RECOVERY
SEC. 301. AMENDMENTS TO ENSURE ACCESS TO CHILD SUPPORT SERVICES FOR
INTERNATIONAL CHILD SUPPORT CASES.
(a) Authority of the Secretary of HHS To Ensure Compliance With
Multilateral Child Support Conventions.--
(1) In general.--Section 452 (42 U.S.C. 652) is amended--
(A) by redesignating the second subsection (l) (as
added by section 7306 of the Deficit Reduction Act of
2005) as subsection (m); and
(B) by adding at the end the following:
``(n) The Secretary shall use the authorities otherwise provided by
law to ensure the compliance of the United States with any multilateral
child support convention to which the United States is a party.''.
(2) Conforming amendment.--Section 453(k)(3) (42 U.S.C.
653(k)(3)) is amended by striking ``452(l)'' and inserting
``452(m)''.
(b) Access to the Federal Parent Locator Service.--Section 453(c)
(42 U.S.C. 653(c)) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) an entity designated as a Central Authority for child
support enforcement in a foreign reciprocating country or a
foreign treaty country for purposes specified in section
459A(c)(2).''.
(c) State Option To Require Individuals in Foreign Countries To
Apply Through Their Country's Appropriate Central Authority.--Section
454 (42 U.S.C. 654) is amended--
(1) in paragraph (4)(A)(ii), by inserting before the
semicolon ``(except that, if the individual applying for the
services resides in a foreign reciprocating country or foreign
treaty country, the State may opt to require the individual to
request the services through the Central Authority for child
support enforcement in the foreign reciprocating country or the
foreign treaty country, and if the individual resides in a
foreign country that is not a foreign reciprocating country or
a foreign treaty country, a State may accept or reject the
application)''; and
(2) in paragraph (32)--
(A) in subparagraph (A), by inserting ``, a foreign
treaty country,'' after ``a foreign reciprocating
country''; and
(B) in subparagraph (C), by striking ``or foreign
obligee'' and inserting ``, foreign treaty country, or
foreign individual''.
(d) Amendments to International Support Enforcement Provisions.--
Section 459A (42 U.S.C. 659a) is amended--
(1) by adding at the end the following:
``(e) References.--In this part:
``(1) Foreign reciprocating country.--The term `foreign
reciprocating country' means a foreign country (or political
subdivision thereof) with respect to which the Secretary has
made a declaration pursuant to subsection (a).
``(2) Foreign treaty country.--The term `foreign treaty
country' means a foreign country for which the 2007 Family
Maintenance Convention is in force.
``(3) 2007 family maintenance convention.--The term `2007
Family Maintenance Convention' means the Hague Convention of 23
November 2007 on the International Recovery of Child Support
and Other Forms of Family Maintenance.'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``foreign countries that are the subject of a
declaration under this section'' and inserting
``foreign reciprocating countries or foreign treaty
countries''; and
(B) in paragraph (2), by inserting ``and foreign
treaty countries'' after ``foreign reciprocating
countries''; and
(3) in subsection (d), by striking ``the subject of a
declaration pursuant to subsection (a)'' and inserting
``foreign reciprocating countries or foreign treaty
countries''.
(e) Collection of Past-Due Support From Federal Tax Refunds.--
Section 464(a)(2)(A) (42 U.S.C. 664(a)(2)(A)) is amended by striking
``under section 454(4)(A)(ii)'' and inserting ``under paragraph
(4)(A)(ii) or (32) of section 454''.
(f) State Law Requirement Concerning the Uniform Interstate Family
Support Act (UIFSA).--
(1) In general.--Section 466(f) (42 U.S.C. 666(f)) is
amended--
(A) by striking ``on and after January 1, 1998,'';
(B) by striking ``and as in effect on August 22,
1996,''; and
(C) by striking ``adopted as of such date'' and
inserting ``adopted as of September 30, 2008''.
(2) Conforming amendments to title 28, united states
code.--Section 1738B of title 28, United States Code, is
amended--
(A) in subsection (d), by striking ``individual
contestant'' and inserting ``individual contestant or
the parties have consented in a record or open court
that the tribunal of the State may continue to exercise
jurisdiction to modify its order,'';
(B) in subsection (e)(2)(A), by striking
``individual contestant'' and inserting ``individual
contestant and the parties have not consented in a
record or open court that the tribunal of the other
State may continue to exercise jurisdiction to modify
its order''; and
(C) in subsection (b)--
(i) by striking ```child' means'' and
inserting ``(1) The term `child' means'';
(ii) by striking ```child's State' means''
and inserting ``(2) The term `child's State'
means'';
(iii) by striking ```child's home State'
means'' and inserting ``(3) The term `child's
home State' means'';
(iv) by striking ```child support' means''
and inserting ``(4) The term `child support'
means'';
(v) by striking ```child support order'''
and inserting ``(5) The term `child support
order''';
(vi) by striking ```contestant' means'' and
inserting ``(6) The term `contestant' means'';
(vii) by striking ```court' means'' and
inserting ``(7) The term `court' means'';
(viii) by striking ```modification' means''
and inserting ``(8) The term `modification'
means''; and
(ix) by striking ```State' means'' and
inserting ``(9) The term `State' means''.
(3) Effective date; grace period for state law changes.--
(A) Paragraph (1).--(i) The amendments made by
paragraph (1) shall take effect with respect to a State
no later than the effective date of laws enacted by the
legislature of the State implementing such paragraph,
but in no event later than the first day of the first
calendar quarter beginning after the close of the first
regular session of the State legislature that begins
after the date of the enactment of this Act.
(ii) For purposes of clause (i), in the case of a
State that has a 2-year legislative session, each year
of the session shall be deemed to be a separate regular
session of the State legislature.
(B) Paragraph (2).--(i) The amendments made by
subparagraphs (A) and (B) of paragraph (2) shall take
effect on the date on which the Hague Convention of 23
November 2007 on the International Recovery of Child
Support and Other Forms of Family Maintenance enters
into force for the United States.
(ii) The amendments made by subparagraph (C) of
paragraph (2) shall take effect on the date of the
enactment of this Act.
SEC. 302. CHILD SUPPORT ENFORCEMENT PROGRAMS FOR INDIAN TRIBES.
(a) Tribal Access to the Federal Parent Locator Service.--Section
453(c)(1) (42 U.S.C. 653(c)(1)) is amended by inserting ``or Indian
tribe or tribal organization (as defined in subsections (e) and (l) of
section 4 of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b)),'' after ``any State''.
(b) Waiver Authority for Indian Tribes or Tribal Organizations
Operating Child Support Enforcement Programs.--Section 1115(b) (42
U.S.C. 1315(b)) is amended--
(1) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and realigning the
left margin of subparagraph (C) so as to align with
subparagraphs (A) and (B) (as so redesignated);
(2) by inserting ``(1)'' after ``(b)''; and
(3) by adding at the end the following:
``(2) An Indian tribe or tribal organization operating a program
under section 455(f) shall be considered a State for purposes of
authority to conduct an experimental, pilot, or demonstration project
under subsection (a) to assist in promoting the objectives of part D of
title IV and receiving payments under the second sentence of that
subsection. The Secretary may waive compliance with any requirements of
section 455(f) or regulations promulgated under that section to the
extent and for the period the Secretary finds necessary for an Indian
tribe or tribal organization to carry out such project. Costs of the
project which would not otherwise be included as expenditures of a
program operating under section 455(f) and which are not included as
part of the costs of projects under section 1110, shall, to the extent
and for the period prescribed by the Secretary, be regarded as
expenditures under a tribal plan or plans approved under such section,
or for the administration of such tribal plan or plans, as may be
appropriate. An Indian tribe or tribal organization applying for or
receiving start-up program development funding pursuant to section
309.16 of title 45, Code of Federal Regulations, shall not be
considered to be an Indian tribe or tribal organization operating a
program under section 455(f) for purposes of this paragraph.''.
(c) Conforming Amendments.--Section 453(f) (42 U.S.C. 653(f)) is
amended by inserting ``and tribal'' after ``State'' each place it
appears.
SEC. 303. SENSE OF THE CONGRESS REGARDING OFFERING OF VOLUNTARY
PARENTING TIME ARRANGEMENTS.
(a) Findings.--The Congress finds as follows:
(1) The separation of a child from a parent does not end
the financial or other responsibilities of the parent toward
the child.
(2) Increased parental access and visitation not only
improve parent-child relationships and outcomes for children,
but also have been demonstrated to result in improved child
support collections, which creates a double win for children--a
more engaged parent and improved financial security.
(b) Sense of the Congress.--It is the sense of the Congress that--
(1) establishing parenting time arrangements when obtaining
child support orders is an important goal which should be
accompanied by strong family violence safeguards; and
(2) States should use existing funding sources to support
the establishment of parenting time arrangements, including
child support incentives, Access and Visitation Grants, and
Healthy Marriage Promotion and Responsible Fatherhood Grants.
SEC. 304. DATA EXCHANGE STANDARDIZATION FOR IMPROVED INTEROPERABILITY.
(a) In General.--Section 452 (42 U.S.C. 652), as amended by section
301(a)(1) of this Act, is amended by adding at the end the following:
``(o) Data Exchange Standards for Improved Interoperability.--
``(1) Designation.--The Secretary shall, in consultation
with an interagency work group established by the Office of
Management and Budget and considering State government
perspectives, by rule, designate data exchange standards to
govern, under this part--
``(A) necessary categories of information that
State agencies operating programs under State plans
approved under this part are required under applicable
Federal law to electronically exchange with another
State agency; and
``(B) Federal reporting and data exchange required
under applicable Federal law.
``(2) Requirements.--The data exchange standards required
by paragraph (1) shall, to the extent practicable--
``(A) incorporate a widely accepted, non-
proprietary, searchable, computer-readable format, such
as the eXtensible Markup Language;
``(B) contain interoperable standards developed and
maintained by intergovernmental partnerships, such as
the National Information Exchange Model;
``(C) incorporate interoperable standards developed
and maintained by Federal entities with authority over
contracting and financial assistance;
``(D) be consistent with and implement applicable
accounting principles;
``(E) be implemented in a manner that is cost-
effective and improves program efficiency and
effectiveness; and
``(F) be capable of being continually upgraded as
necessary.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to require a change to existing data
exchange standards found to be effective and efficient.''.
(b) Effective Date.--The Secretary of Health and Human Services
shall issue a proposed rule within 24 months after the date of the
enactment of this section. The rule shall identify federally required
data exchanges, include specification and timing of exchanges to be
standardized, and address the factors used in determining whether and
when to standardize data exchanges. It should also specify State
implementation options and describe future milestones.
SEC. 305. REPORT TO CONGRESS.
The Secretary of Health and Human Services shall--
(1) in conjunction with the strategic plan, review and
provide recommendations for cost-effective improvements to the
child support enforcement program under part D of title IV of
the Social Security Act, and ensure that the plan addresses the
effectiveness and performance of the program, analyzes program
practices, identifies possible new collection tools and
approaches, and identifies strategies for holding parents
accountable for supporting their children and for building the
capacity of parents to pay child support, with specific
attention given to matters including front-end services, on-
going case management, collections, Tribal-State partnerships,
interstate and intergovernmental interactions, program
performance, data analytics, and information technology;
(2) in carrying out paragraph (1), consult with and include
input from--
(A) State, tribal, and county child support
directors;
(B) judges who preside over family courts or other
State or local courts with responsibility for
conducting or supervising proceedings relating to child
support enforcement, child welfare, or social services
for children and their families, and organizations that
represent the judges;
(C) custodial parents and organizations that
represent them;
(D) noncustodial parents and organizations that
represent them; and
(E) organizations that represent fiduciary entities
that are affected by child support enforcement
policies; and
(3) in developing the report required by paragraph (4),
solicit public comment;
(4) not later than June 30, 2015, submit to the Congress a
report that sets forth policy options for improvements in child
support enforcement, which report shall include the following:
(A) A review of the effectiveness of State child
support enforcement programs, and the collection
practices employed by State agencies administering
programs under such part, and an analysis of the extent
to which the practices result in unintended
consequences or performance issues associated with the
programs and practices.
(B) Recommendations for methods to enhance the
effectiveness of child support enforcement programs and
collection practices.
(C) A review of State best practices in regards to
establishing and operating State and multistate lien
registries.
(D) A compilation of State recovery and
distribution policies.
(E) Options, with analysis, for methods to engage
noncustodial parents in the lives of their children
through consideration of parental time and visitation
with children.
(F) An analysis of the role of alternative dispute
resolution in making child support determinations.
(G) Identification of best practices for--
(i) determining which services and support
programs available to custodial and
noncustodial parents are non-duplicative,
evidence-based, and produce quality outcomes,
and connecting custodial and noncustodial
parents to those services and support programs;
(ii) providing employment support, job
training, and job placement for custodial and
noncustodial parents; and
(iii) establishing services, supports, and
child support payment tracking for noncustodial
parents, including options for the prevention
of, and intervention on, uncollectible
arrearages, such as retroactive obligations.
(H) Options, with analysis, for methods for States
to use to collect child support payments from
individuals who owe excessive arrearages as determined
under section 454(31) of such Act.
(I) A review of State practices under 454(31) of
such Act used to determine which individuals are
excluded from the requirements of section 452(k) of
such Act, including the extent to which individuals are
able to successfully contest or appeal decisions.
(J) Options, with analysis, for actions as are
determined to be appropriate for improvement in child
support enforcement.
SEC. 306. REQUIRED ELECTRONIC PROCESSING OF INCOME WITHHOLDING.
(a) In General.--Section 454A(g)(1) (42 U.S.C. 654a(g)(1)(A)) is
amended--
(1) by striking ``, to the maximum extent feasible,''; and
(2) in subparagraph (A)--
(A) by striking ``and'' at the end of clause (i);
(B) by adding ``and'' at the end of clause (ii);
and
(C) by adding at the end the following:
``(iii) at the option of the employer,
using the electronic transmission methods
prescribed by the Secretary;''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2015.
TITLE IV--BUDGETARY EFFECTS
SEC. 401. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Passed the House of Representatives July 23, 2014.
Attest:
Clerk.
113th CONGRESS
2d Session
H. R. 4980
_______________________________________________________________________
AN ACT
To prevent and address sex trafficking of children in foster care, to
extend and improve adoption incentives, and to improve international
child support recovery.