[House Report 118-385]
[From the U.S. Government Publishing Office]


 118th Congress    }                                     {    Report
                         HOUSE OF REPRESENTATIVES
  2nd Session      }                                     {    118-385

======================================================================



 
                   FIND AND PROTECT FOSTER YOUTH ACT

                                _______
                                

 February 13, 2024.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Smith of Missouri, from the Committee on Ways and Means, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 2426]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Ways and Means, to whom was referred the 
bill (H.R. 2426) to amend part E of title IV of the Social 
Security Act to require the Secretary of Health and Human 
Services to identify obstacles to identifying and responding to 
reports of children missing from foster care and other 
vulnerable foster youth, to provide technical assistance 
relating to the removal of such obstacles, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
  I. SUMMARY AND BACKGROUND...........................................4
          A. Purpose and Summary.................................     4
          B. Background and Need for Legislation.................     4
          C. Legislative History.................................     5
          D. Designated Hearing..................................     6
 II. EXPLANATION OF THE BILL..........................................6
III. VOTE OF THE COMMITTEE............................................7
 IV. BUDGET EFFECTS OF THE BILL.......................................8
          A. Committee Estimate of Budgetary Effects.............     8
          B. Statement Regarding New Budget Authority and Tax 
              Expenditures Budget Authority......................     8
  V. COST ESTIMATE PREPARED BY THE CONGRESSIONAL BUDGET OFFICE........8
 VI. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE.......9
          A. Committee Oversight Findings and Recommendations....     9
          B. Statement of General Performance Goals and 
              Objectives.........................................     9
          C. Information Relating to Unfunded Mandates...........     9
          D. Congressional Earmarks, Limited Tax Benefits, and 
              Limited Tariff Benefits............................     9
          E. Duplication of Federal Programs.....................     9
VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED...........10
          In compliance with clause 3(e) of rule XIII of the 
              Rules of the House of Representatives, changes in 
              existing law made by the bill, as reported, are 
              shown as follows (existing law proposed to be 
              omitted is enclosed in black brackets, new matter 
              is printed in italics, and existing law in which no 
              change is proposed is shown in roman):.............    10

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Find and Protect Foster Youth Act''.

SEC. 2. ELIMINATING OBSTACLES TO IDENTIFYING AND RESPONDING TO REPORTS 
                    OF CHILDREN MISSING FROM FOSTER CARE AND OTHER 
                    VULNERABLE FOSTER YOUTH.

  Section 476 of the Social Security Act (42 U.S.C. 676) is amended by 
adding at the end the following:
  ``(f) Evaluation of Protocols Relating to Children Missing From 
Foster Care and Other Vulnerable Youth; Technical Assistance.--
          ``(1) In general.--The Secretary shall conduct an evaluation 
        of the protocols established by States in accordance with the 
        requirements of section 471(a)(35) and, to the extent 
        applicable, by Indian tribes or tribal organizations (as 
        defined in section 479B(a)) or tribal consortia with a plan 
        approved under section 471 in accordance with section 479B.
          ``(2) Requirements.--The evaluation shall include the 
        following:
                  ``(A) A review of relevant aspects of reports 
                submitted by States, Indian tribes, tribal 
                organizations, and tribal consortia under this part and 
                part B, and data and other information reported 
                pursuant to the system established under section 479.
                  ``(B) Analysis of the extent to which States, Indian 
                tribes, tribal organizations, and tribal consortia 
                comply with, and enforce, the protocols required by 
                section 471(a)(35).
                  ``(C) Analysis of the effectiveness of such 
                protocols.
                  ``(D) Identification of obstacles for States, Indian 
                tribes, tribal organizations, and tribal consortia to 
                identifying and responding to reports of children 
                missing from foster care and other vulnerable foster 
                youth.
                  ``(E) Identification of best practices for 
                identifying such children and youth and intervening 
                with effective services.
          ``(3) Technical assistance.--The Secretary shall provide 
        States, Indian tribes, tribal organizations, and tribal 
        consortia with information, advice, educational materials, and 
        technical assistance relating to eliminating identified 
        obstacles to identifying and responding to reports of children 
        missing from foster care and other vulnerable foster youth and 
        providing such children and youth with effective services. Such 
        assistance may include dissemination of--
                  ``(A) processes and tools to identify and examine 
                risk factors and potential trends related to children 
                who go missing from foster care and other vulnerable 
                youth;
                  ``(B) best practices for runaway tracking and 
                recovery; and
                  ``(C) guidelines for intervention, including with 
                respect to services, types of providers, and placement 
                settings.
          ``(4) Report.--Not later than 5 years after the date of 
        enactment of this subsection, the Secretary shall submit a 
        report to Congress on the results of the evaluation conducted 
        under this subsection and the technical assistance provided in 
        accordance with paragraph (3).''.

SEC. 3. IMPROVING SCREENING AND ASSESSMENT OF CHILDREN RETURNED TO 
                    FOSTER CARE AFTER GOING MISSING TO DETERMINE 
                    WHETHER THEY WERE, OR ARE AT RISK OF BECOMING, 
                    VICTIMS OF SEX TRAFFICKING.

  Section 476 of the Social Security Act (42 U.S.C. 676), as amended by 
section 2, is further amended by adding at the end the following:
  ``(g) Improving Identification of, and Services for, Children Who 
Return to Foster Care After Running Away or Otherwise Being Absent From 
Foster Care and Who Are, or Are at Risk of Being, Victims of Sex 
Trafficking.--
          ``(1) Assistance.--
                  ``(A) Screening after a return to foster care.--The 
                Secretary shall provide States, Indian tribes, tribal 
                organizations, and tribal consortia, with information, 
                advice, educational materials, and technical assistance 
                to improve compliance with section 471(a)(35)(A)(iii).
                  ``(B) Improving other requirements.--The information, 
                advice, educational materials, and technical assistance 
                provided may include information, advice, educational 
                materials, and technical assistance to improve or 
                modify policies and procedures (including relevant 
                training for caseworkers) developed by States, Indian 
                tribes, tribal organizations, and tribal consortia 
                under section 471(a)(9)(C), including the following:
                          ``(i) Identifying, through screening, whether 
                        the State has reasonable cause to believe the 
                        child or youth is, or is at risk of being, a 
                        victim of sex trafficking.
                          ``(ii) Documenting the results of such 
                        screening in agency records.
                          ``(iii) Determining appropriate services for 
                        a child or youth for whom the State determines 
                        there is reasonable cause to identify the child 
                        or youth as a victim of sex trafficking, or as 
                        at risk of being a victim of sex trafficking.
                          ``(iv) Documenting in agency records the 
                        determination of appropriate services for a 
                        child or youth described in clause (iii).
          ``(2) Forms of assistance.--The assistance provided under 
        this subsection shall include the following:
                  ``(A) Assisting States, Indian tribes, tribal 
                organizations, and tribal consortia, with developing 
                oversight mechanisms to assess their compliance with 
                section 471(a)(35)(A)(iii).
                  ``(B) Assisting States, Indian tribes, tribal 
                organizations, and tribal consortia in developing--
                          ``(i) assessments for screening children who 
                        return to foster care after running away or 
                        otherwise being absent from foster care for 
                        risk of becoming victims of sex trafficking; 
                        and
                          ``(ii) effective and robust policies relating 
                        to the use of the assessments.
                  ``(C) Working with States, Indian tribes, tribal 
                organizations, and tribal consortia to improve or 
                modify policies and procedures developed under section 
                471(a)(9)(C).
                  ``(D) Providing technical assistance on how States, 
                Indian tribes, tribal organizations, and tribal 
                consortia may best use data collected pursuant to 
                section 479 for oversight of, and to ensure compliance 
                with, the requirements of paragraphs (9)(C) and 
                (35)(A)(iii) of section 471(a).
          ``(3) Consultation.--The Secretary shall, to the extent 
        practicable, consult with internal and external offices with 
        expertise on sex trafficking, including the Office on 
        Trafficking in Persons of the Administration for Children and 
        Families, on the development and dissemination to States, 
        Indian tribes, tribal organizations, and tribal consortia of 
        the assistance required under this subsection.''.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

  There is authorized to be appropriated to the Secretary such sums as 
are necessary to carry out this Act for fiscal year 2024, which shall 
remain available through fiscal year 2027.

SEC. 5. IDENTIFYING AND ADDRESSING CONDITIONS THAT LEAD TO YOUTH 
                    RUNNING AWAY FROM FOSTER CARE.

  The Comptroller General of the United States shall submit to the 
Congress a written report that--
          (1) contains a rigorous analysis of administrative data to 
        determine the characteristics of youth who run away from foster 
        care and other relevant information about foster care runaway 
        episodes;
          (2) includes information from interviews with recent foster 
        youth runaways regarding their reasons for running away and 
        what happened after they ran away, including any screening or 
        other protocol followed by the State;
          (3) includes a systematic review of research and evidence 
        related to foster youth runaways;
          (4) sets forth best practices for making foster care safe for 
        youth and reducing the number of foster youth runaways; and
          (5) makes recommendations to advance child welfare practices, 
        after convening and consulting with a group of child welfare 
        practitioners and professionals to inform the recommendations.

                       I. SUMMARY AND BACKGROUND


                         A. Purpose and Summary

    H.R. 2426, as amended, the ``Find and Protect Foster Youth 
Act'' as ordered and reported by the Committee on Ways and 
Means on November 30, 2023, modifies Title IV-E of the Social 
Security Act to require the Secretary of Health and Human 
Services (HHS) to conduct an evaluation and take actions to 
assist states in improving processes to identify and respond to 
children missing from foster care. It also requires the 
Government Accountability Office (GAO) to conduct a study on 
why youth run away from foster care and make recommendations to 
reduce runaway incidents. The bill requires HHS to provide 
technical assistance to states and evaluate state protocols, in 
addition to identifying best practices for reporting children 
missing from foster care.

                 B. Background and Need for Legislation

    The issue of children going missing from foster care is a 
growing concern. Estimates suggest that up to one-third of 
youth in foster care may have run away from their placements at 
some point.\1\ A number of federal reports have revealed that 
states face challenges in meeting existing federal requirements 
due to limitations on staff capacity, training, and other 
mitigating factors. In 2021, a case study conducted by the HHS 
Office of Inspector General (OIG) released findings from an 
investigation in Missouri, exposing the state's challenges in 
accurately reporting and tracking missing children from foster 
care.\2\ A subsequent report in 2022 shed light on multiple 
states falling short in screening children for potential 
involvement in sex trafficking after being identified as 
missing from foster care.\3\ Adding to the concern, a 2023 HHS 
OIG report highlighted instances where states neglected to 
fulfill their obligation of reporting information to the 
National Center for Missing and Exploited Children (NCMEC) in a 
timely manner, as required by statute.\4\
---------------------------------------------------------------------------
    \1\Courtney, Skyles, Miranda, Zinn, Howard, & George, 2005.
    \2\HHS OIG. Case Study: Missouri's Efforts To Protect Children 
Missing From Foster Care. September 2021.
    \3\HHS OIG. In Five States, There Was No Evidence That Many 
Children in Foster Care Had a Screening for Sex Trafficking When They 
Returned After Going Missing. 2022.
    \4\HHS OIG. State Agencies Did Not Always Ensure That Children 
Missing From Foster Care Were Reported to the National Center for 
Missing and Exploited Children in Accordance With Federal Requirements. 
2023.
---------------------------------------------------------------------------
    Currently, state child welfare agencies are responsible for 
responding to and addressing instances in which children are 
missing or absent from their foster care placements. Title IV-E 
of the Social Security Act offers federal matching funds to 
states for foster care maintenance payments and adoption 
assistance. To qualify for this funding, states must adhere to 
state plan requirements outlined in Section 471, which includes 
specific protocols for locating, identifying, and reporting 
children missing from foster care. These and other 
administrative costs related to foster care are also eligible 
for federal matching. These requirements have been in place 
since 2000 after a number of legislative changes to address 
gaps related to children missing from foster care, including:
           The ``Trafficking Victims Protection Act of 
        2000'' (Public Law 106-386) required state child 
        welfare agencies to develop policies and procedures in 
        their state Title IV-E plans for identifying, 
        documenting, and determining services for children 
        under state child welfare supervision at risk for, or 
        who have experienced human trafficking.
           The ``Preventing Sex Trafficking and 
        Strengthening Families Act of 2014'' (Public Law 113-
        183) amended Title IV-E and required child welfare 
        agencies to report information on children missing from 
        foster care immediately and no later than 24 hours to 
        the National Crime Information Center administered by 
        the Federal Bureau of Investigation and to NCMEC.
           The ``Trafficking Victims Protection Act 
        2022 Reauthorization'' (Public Law 117-348) required 
        state child welfare agencies to maintain regular 
        communications with NCMEC and law enforcement to 
        improve the safe recovery of children missing from 
        foster care and to share information related to the 
        recovery. Where reasonably possible, a child welfare 
        agency is to include a photo, description of physical 
        characteristics, and information on factors concerning 
        the child's endangerment in any missing child report it 
        makes to NCMEC.
    In addition to congressional action, HHS has provided 
substantial guidance and technical assistance to states through 
various program instructions, workgroups, memorandums, and 
research reports, including:
           February 2022: HHS Webinar on Resources for 
        State Implementation of the Anti-Trafficking Provisions 
        of Public Law 113-183.
           March 2022: HHS Office of Planning Research 
        and Evaluation (OPRE) Report on Survey of Youth 
        Currently and Formerly in Foster Care at Risk of Human 
        Trafficking.
           December 2022: HHS Information Memorandum on 
        Responding to Human Trafficking among Children and 
        Youth in Foster Care and Missing from Foster Care.
           April 2023: HHS Program Instruction on Title 
        IV-E Plan Amendment--The Trafficking Victims Prevention 
        and Protection Reauthorization Act of 2022.

                         C. Legislative History


Background

    H.R. 2426 was introduced on March 30, 2023, and was 
referred to the Committee on Ways and Means. The ``Find and 
Protect Foster Youth Act'' was previously introduced in the 
117th Congress by Rep. Eddie Bernice Johnson (D-TX) (H.R. 
7210).

Committee Hearings

    The Committee has held the following hearings:
    On September 14, 2023, the Committee on Ways and Means held 
a hearing titled, ``Member Day'' to hear from members on bills 
in the Committee on Ways and Means jurisdiction. Representative 
Tony Gonzales (R-TX) testified on H.R. 2426 and his desire to 
work with the Committee to advance his legislation.

Committee Action

    The Committee on Ways and Means marked up H.R. 2426, the 
``Find and Protect Foster Youth Act'', on November 30, 2023, 
and ordered the bill, as amended, favorably reported (with a 
quorum being present).

                         D. Designated Hearing

    Pursuant to clause 3(c)(6) of rule XIII, the following 
hearing was used to develop and consider: ``The Committee on 
Ways and Means Member Day'' hearing held on September 14, 2023.

                      II. EXPLANATION OF THE BILL


                        EXPLANATION OF THE BILL

Section. 1. Short title

                       EXPLANATION OF PROVISIONS

    This section provides the title for the bill ``Find and 
Protect Foster Youth Act.''

                           REASONS FOR CHANGE

    The Committee believes the title accurately reflects the 
content of the bill.

Section 2. Eliminating obstacles to identifying and responding to 
        reports of children missing from foster care and other 
        vulnerable foster youth

                       EXPLANATION OF PROVISIONS

    This section amends Title IV-E of the Social Security Act 
to require HHS to conduct an evaluation of state protocols 
relating to children missing from foster care.

                           REASONS FOR CHANGE

    The Committee believes that asking HHS to conduct an 
evaluation of state protocols for children that go missing from 
foster care will provide more information on existing practices 
and future evaluation of best practices.

Section 3. Improving screening and assessment of children returned to 
        foster care after going missing to determine whether they were, 
        or are at risk of becoming, victims of sex trafficking

                       EXPLANATION OF PROVISIONS

    This section requires HHS to provide states and tribes with 
information, advice, and educational materials to improve 
compliance with screening for sex trafficking as required by 
current law and improve other policies and procedures.

                           REASONS FOR CHANGE

    The Committee believes that states would benefit from 
additional guidance and support on complying with the 
identified protocols outlined in their state plans.

Section 4. Authorization of appropriations

                       EXPLANATION OF PROVISIONS

    This section provides authorizing language for 
appropriation of such sums as necessary to carry out the Act.

                           REASONS FOR CHANGE

    The Committee provides HHS ``such sums as necessary'' to 
complete the evaluation and technical assistance required in 
the bill. HHS reports that they spend $5 million dollars 
annually on technical assistance as authorized by Section 476 
of the Social Security Act.

Section 5. Identifying and addressing cconditions that lead to youth 
        running away from foster care

                       EXPLANATION OF PROVISIONS

    This section requires the Government Accountability Office 
(GAO) to conduct a study, and submit to Congress a report, that 
identifies and addresses conditions that lead to youth running 
away from foster care and to identify best practices for 
reducing the number of foster youth runaways.

                           REASONS FOR CHANGE

    The Committee believes a GAO study would provide more 
detail and transparency to the reasons why children go missing 
from foster care and how to prevent runaway occurrences.

                             EFFECTIVE DATE

    The bill would become effective upon enactment.

                       III. VOTE OF THE COMMITTEE

    In compliance with the Rules of the House of 
Representatives, the following statement is made concerning the 
vote of the Committee on Ways and Means during the markup 
consideration of H.R. 2426, the ``Find and Protect Foster Youth 
Act,'' on November 30, 2023.
    H.R. 2426 was ordered favorably reported to the House of 
Representatives as amended by a roll call vote of 41 yeas to 0 
nays (with a quorum being present). The vote was as follows:

----------------------------------------------------------------------------------------------------------------
          Representative             Yea      Nay     Present      Representative      Yea      Nay     Present
----------------------------------------------------------------------------------------------------------------
Mr. Smith (MO)...................       X   .......  .........  Mr. Neal...........       X   .......  .........
Mr. Buchanan.....................       X   .......  .........  Mr. Doggett........       X   .......  .........
Mr. Smith (NE)...................       X   .......  .........  Mr. Thompson.......       X   .......  .........
Mr. Kelly........................  .......  .......  .........  Mr. Larson.........       X   .......  .........
Mr. Schweikert...................       X   .......  .........  Mr. Blumenauer.....       X   .......  .........
Mr. LaHood.......................       X   .......  .........  Mr. Pascrell.......       X   .......  .........
Dr. Wenstrup.....................       X   .......  .........  Mr. Davis..........       X   .......  .........
Mr. Arrington....................       X   .......  .........  Ms. Sanchez........       X   .......  .........
Dr. Ferguson.....................       X   .......  .........  Mr. Higgins........       X   .......  .........
Mr. Estes........................       X   .......  .........  Ms. Sewell.........       X   .......  .........
Mr. Smucker......................       X   .......  .........  Ms. DelBene........       X   .......  .........
Mr. Hern.........................       X   .......  .........  Ms. Chu............       X   .......  .........
Ms. Miller.......................       X   .......  .........  Ms. Moore..........       X   .......  .........
Dr. Murphy.......................       X   .......  .........  Mr. Kildee.........       X   .......  .........
Mr. Kustoff......................       X   .......  .........  Mr. Beyer..........       X   .......  .........
Mr. Fitzpatrick..................       X   .......  .........  Mr. Evans..........       X   .......  .........
Mr. Steube.......................       X   .......  .........  Mr. Schneider......       X   .......  .........
Mr. Tenney.......................       X   .......  .........  Mr. Panetta........       X   .......  .........
Mrs. Fischbach...................       X   .......  .........
Mr. Moore........................       X   .......  .........
Mrs. Steel.......................       X   .......  .........
Ms. Van Duyne....................       X   .......  .........
Mr. Feenstra.....................       X   .......  .........
Ms. Malliotakis..................       X   .......  .........
Mr. Carey........................  .......  .......  .........
----------------------------------------------------------------------------------------------------------------

                     IV. BUDGET EFFECTS OF THE BILL


               A. Committee Estimate of Budgetary Effects

    In compliance with clause 3(d) of rule XIII of the Rules of 
the House of Representatives, the following statement is made 
concerning the effects on the budget of the bill, H.R. 2426, as 
reported. The estimate prepared by the Congressional Budget 
Office (CBO) is included below.

B. Statement Regarding New Budget Authority and Tax Expenditures Budget 
                               Authority

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee states that the 
bill involves no new or increased budget authority. The 
Committee states further that the bill involves no new or 
increased tax expenditures.

      V. COST ESTIMATE PREPARED BY THE CONGRESSIONAL BUDGET OFFICE

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, requiring a cost estimate 
prepared by the CBO, the following statement by CBO is 
provided.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 2426 would require the Department of Health and Human 
Services (HHS) to evaluate state and tribal protocols for 
children who are missing from foster care. The bill also would 
require HHS to develop and provide technical assistance to 
states and Indian tribes to improve state performance in 
serving missing and trafficked youth. Additionally, H.R. 2426 
would require the Government Accountability Office to report on 
youth running away from foster care and make recommendations to 
improve child welfare. Finally, the bill would authorize the 
appropriation in 2024 of whatever amounts are necessary to 
carry out the bill.
    Using information from HHS and historical spending patterns 
for similar activities, CBO estimates that implementing the new 
requirements would cost $6 million over the 2024-2028 period, 
assuming appropriation of the estimated amounts.
    The CBO staff contact for this estimate is Susanne Mehlman. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

     VI. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE


          A. Committee Oversight Findings and Recommendations

    With respect to clause 3(c)(1) of rule XIII of the Rules of 
the House of Representatives, the Committee made findings and 
recommendations that are reflected in this report.

        B. Statement of General Performance Goals and Objectives

    With respect to clause 3(c)(4) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
bill does not authorize funding, so no statement of general 
performance goals and objectives is required.

              C. Information Relating to Unfunded Mandates

    This information is provided in accordance with section 423 
of the Unfunded Mandates Reform Act of 1995 (Pub. L. No. 104-
4).
    The Committee has determined that the bill does not contain 
Federal mandates on the private sector. The Committee has 
determined that the bill does not impose a Federal 
intergovernmental mandate on State, local, or tribal 
governments.

  D. Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    With respect to clause 9 of rule XXI of the Rules of the 
House of Representatives, the Committee has carefully reviewed 
the provisions of the bill, and states that the provisions of 
the bill do not contain any congressional earmarks, limited tax 
benefits, or limited tariff benefits within the meaning of the 
rule.

                   E. Duplication of Federal Programs

    In compliance with clause 3(c)(5) of rule XIII of the Rules 
of the House of Representatives, the Committee states that no 
provision of the bill establishes or reauthorizes: (1) a 
program of the Federal Government known to be duplicative of 
another Federal program; (2) a program included in any report 
from the Government Accountability Office to Congress pursuant 
to section 21 of Public Law 111-139; or (3) a program related 
to a program identified in the most recent Catalog of Federal 
Domestic Assistance, published pursuant to the Federal Program 
Information Act (Pub. L. No. 95-220, as amended by Pub. L. No. 
98-169).

       VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

                          SOCIAL SECURITY ACT




           *       *       *       *       *       *       *
TITLE IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH 
CHILDREN AND FOR CHILD-WELFARE SERVICES

           *       *       *       *       *       *       *



PART E--FEDERAL PAYMENTS FOR FOSTER CARE, PREVENTION, AND PERMANENCY

           *       *       *       *       *       *       *


          TECHNICAL ASSISTANCE; DATA COLLECTION AND EVALUATION

  Sec. 476. (a) The Secretary may provide technical assistance 
to the States to assist them to develop the programs authorized 
under this part and shall periodically (1) evaluate the 
programs authorized under this part and part B of this title 
and (2) collect and publish data pertaining to the incidence 
and characteristics of foster care and adoptions in this 
country.
  (b) Each State shall submit statistical reports as the 
Secretary may require with respect to children for whom 
payments are made under this part containing information with 
respect to such children including legal status, demographic 
characteristics, location, and length of any stay in foster 
care.
  (c) Technical Assistance and Implementation Services for 
Tribal Programs.--
          (1) Authority.--The Secretary shall provide technical 
        assistance and implementation services that are 
        dedicated to improving services and permanency outcomes 
        for Indian children and their families through the 
        provision of assistance described in paragraph (2).
          (2) Assistance provided.--
                  (A) In general.--The technical assistance and 
                implementation services shall be to--
                          (i) provide information, advice, 
                        educational materials, and technical 
                        assistance to Indian tribes and tribal 
                        organizations with respect to the types 
                        of services, administrative functions, 
                        data collection, program management, 
                        and reporting that are required under 
                        State plans under part B and this part;
                          (ii) assist and provide technical 
                        assistance to--
                                  (I) Indian tribes, tribal 
                                organizations, and tribal 
                                consortia seeking to operate a 
                                program under part B or under 
                                this part through direct 
                                application to the Secretary 
                                under section 479B; and
                                  (II) Indian tribes, tribal 
                                organizations, tribal 
                                consortia, and States seeking 
                                to develop cooperative 
                                agreements to provide for 
                                payments under this part or 
                                satisfy the requirements of 
                                section 422(b)(9), 471(a)(32), 
                                or 477(b)(3)(G); and
                          (iii) subject to subparagraph (B), 
                        make one-time grants, to tribes, tribal 
                        organizations, or tribal consortia that 
                        are seeking to develop, and intend, not 
                        later than 24 months after receiving 
                        such a grant to submit to the Secretary 
                        a plan under section 471 to implement a 
                        program under this part as authorized 
                        by section 479B, that shall--
                                  (I) not exceed $300,000; and
                                  (II) be used for the cost of 
                                developing a plan under section 
                                471 to carry out a program 
                                under section 479B, including 
                                costs related to development of 
                                necessary data collection 
                                systems, a cost allocation 
                                plan, agency and tribal court 
                                procedures necessary to meet 
                                the case review system 
                                requirements under section 
                                475(5), or any other costs 
                                attributable to meeting any 
                                other requirement necessary for 
                                approval of such a plan under 
                                this part.
                  (B) Grant condition.--
                          (i) In general.--As a condition of 
                        being paid a grant under subparagraph 
                        (A)(iii), a tribe, tribal organization, 
                        or tribal consortium shall agree to 
                        repay the total amount of the grant 
                        awarded if the tribe, tribal 
                        organization, or tribal consortium 
                        fails to submit to the Secretary a plan 
                        under section 471 to carry out a 
                        program under section 479B by the end 
                        of the 24-month period described in 
                        that subparagraph.
                          (ii) Exception.--The Secretary shall 
                        waive the requirement to repay a grant 
                        imposed by clause (i) if the Secretary 
                        determines that a tribe's, tribal 
                        organization's, or tribal consortium's 
                        failure to submit a plan within such 
                        period was the result of circumstances 
                        beyond the control of the tribe, tribal 
                        organization, or tribal consortium.
                  (C) Implementation authority.--The Secretary 
                may provide the technical assistance and 
                implementation services described in 
                subparagraph (A) either directly or through a 
                grant or contract with public or private 
                organizations knowledgeable and experienced in 
                the field of Indian tribal affairs and child 
                welfare.
          (3) Appropriation.--There is appropriated to the 
        Secretary, out of any money in the Treasury of the 
        United States not otherwise appropriated, $3,000,000 
        for fiscal year 2009 and each fiscal year thereafter to 
        carry out this subsection.
  (d) Technical Assistance and Best Practices, Clearinghouse, 
Data Collection, and Evaluations Relating to Prevention 
Services and Programs.--
          (1) Technical assistance and best practices.--The 
        Secretary shall provide to States and, as applicable, 
        to Indian tribes, tribal organizations, and tribal 
        consortia, technical assistance regarding the provision 
        of services and programs described in section 471(e)(1) 
        and shall disseminate best practices with respect to 
        the provision of the services and programs, including 
        how to plan and implement a well-designed and rigorous 
        evaluation of a promising, supported, or well-supported 
        practice.
          (2) Clearinghouse of promising, supported, and well-
        supported practices.--The Secretary shall, directly or 
        through grants, contracts, or interagency agreements, 
        evaluate research on the practices specified in clauses 
        (iii), (iv), and (v), respectively, of section 
        471(e)(4)(C), and programs that meet the requirements 
        described in section 427(a)(1), including culturally 
        specific, or location- or population-based adaptations 
        of the practices, to identify and establish a public 
        clearinghouse of the practices that satisfy each 
        category described by such clauses. In addition, the 
        clearinghouse shall include information on the specific 
        outcomes associated with each practice, including 
        whether the practice has been shown to prevent child 
        abuse and neglect and reduce the likelihood of foster 
        care placement by supporting birth families and kinship 
        families and improving targeted supports for pregnant 
        and parenting youth and their children.
          (3) Data collection and evaluations.--The Secretary, 
        directly or through grants, contracts, or interagency 
        agreements, may collect data and conduct evaluations 
        with respect to the provision of services and programs 
        described in section 471(e)(1) for purposes of 
        assessing the extent to which the provision of the 
        services and programs--
                  (A) reduces the likelihood of foster care 
                placement;
                  (B) increases use of kinship care 
                arrangements; or
                  (C) improves child well-being.
          (4) Reports to congress.--
                  (A) In general.--The Secretary shall submit 
                to the Committee on Finance of the Senate and 
                the Committee on Ways and Means of the House of 
                Representatives periodic reports based on the 
                provision of services and programs described in 
                section 471(e)(1) and the activities carried 
                out under this subsection.
                  (B) Public availability.--The Secretary shall 
                make the reports to Congress submitted under 
                this paragraph publicly available.
          (5) Appropriation.--Out of any money in the Treasury 
        of the United States not otherwise appropriated, there 
        are appropriated to the Secretary $1,000,000 for fiscal 
        year 2018 and each fiscal year thereafter to carry out 
        this subsection.
  (e) Evaluation of State Procedures and Protocols to Prevent 
Inappropriate Diagnoses of Mental Illness or Other 
Conditions.--The Secretary shall conduct an evaluation of the 
procedures and protocols established by States in accordance 
with the requirements of section 422(b)(15)(A)(vii). The 
evaluation shall analyze the extent to which States comply with 
and enforce the procedures and protocols and the effectiveness 
of various State procedures and protocols and shall identify 
best practices. Not later than January 1, 2020, the Secretary 
shall submit a report on the results of the evaluation to 
Congress.
  (f) Evaluation of Protocols Relating to Children Missing From 
Foster Care and Other Vulnerable Youth; Technical Assistance.--
          (1) In general.--The Secretary shall conduct an 
        evaluation of the protocols established by States in 
        accordance with the requirements of section 471(a)(35) 
        and, to the extent applicable, by Indian tribes or 
        tribal organizations (as defined in section 479B(a)) or 
        tribal consortia with a plan approved under section 471 
        in accordance with section 479B.
          (2) Requirements.--The evaluation shall include the 
        following:
                  (A) A review of relevant aspects of reports 
                submitted by States, Indian tribes, tribal 
                organizations, and tribal consortia under this 
                part and part B, and data and other information 
                reported pursuant to the system established 
                under section 479.
                  (B) Analysis of the extent to which States, 
                Indian tribes, tribal organizations, and tribal 
                consortia comply with, and enforce, the 
                protocols required by section 471(a)(35).
                  (C) Analysis of the effectiveness of such 
                protocols.
                  (D) Identification of obstacles for States, 
                Indian tribes, tribal organizations, and tribal 
                consortia to identifying and responding to 
                reports of children missing from foster care 
                and other vulnerable foster youth.
                  (E) Identification of best practices for 
                identifying such children and youth and 
                intervening with effective services.
          (3) Technical assistance.--The Secretary shall 
        provide States, Indian tribes, tribal organizations, 
        and tribal consortia with information, advice, 
        educational materials, and technical assistance 
        relating to eliminating identified obstacles to 
        identifying and responding to reports of children 
        missing from foster care and other vulnerable foster 
        youth and providing such children and youth with 
        effective services. Such assistance may include 
        dissemination of--
                  (A) processes and tools to identify and 
                examine risk factors and potential trends 
                related to children who go missing from foster 
                care and other vulnerable youth;
                  (B) best practices for runaway tracking and 
                recovery; and
                  (C) guidelines for intervention, including 
                with respect to services, types of providers, 
                and placement settings.
          (4) Report.--Not later than 5 years after the date of 
        enactment of this subsection, the Secretary shall 
        submit a report to Congress on the results of the 
        evaluation conducted under this subsection and the 
        technical assistance provided in accordance with 
        paragraph (3).
  (g) Improving Identification Of, and Services For, Children 
who Return to Foster Care After Running Away or Otherwise Being 
Absent From Foster Care and who Are, or are at Risk of Being, 
Victims of Sex Trafficking.--
          (1) Assistance.--
                  (A) Screening after a return to foster 
                care.--The Secretary shall provide States, 
                Indian tribes, tribal organizations, and tribal 
                consortia, with information, advice, 
                educational materials, and technical assistance 
                to improve compliance with section 
                471(a)(35)(A)(iii).
                  (B) Improving other requirements.--The 
                information, advice, educational materials, and 
                technical assistance provided may include 
                information, advice, educational materials, and 
                technical assistance to improve or modify 
                policies and procedures (including relevant 
                training for caseworkers) developed by States, 
                Indian tribes, tribal organizations, and tribal 
                consortia under section 471(a)(9)(C), including 
                the following:
                          (i) Identifying, through screening, 
                        whether the State has reasonable cause 
                        to believe the child or youth is, or is 
                        at risk of being, a victim of sex 
                        trafficking.
                          (ii) Documenting the results of such 
                        screening in agency records.
                          (iii) Determining appropriate 
                        services for a child or youth for whom 
                        the State determines there is 
                        reasonable cause to identify the child 
                        or youth as a victim of sex 
                        trafficking, or as at risk of being a 
                        victim of sex trafficking.
                          (iv) Documenting in agency records 
                        the determination of appropriate 
                        services for a child or youth described 
                        in clause (iii).
          (2) Forms of assistance.--The assistance provided 
        under this subsection shall include the following:
                  (A) Assisting States, Indian tribes, tribal 
                organizations, and tribal consortia, with 
                developing oversight mechanisms to assess their 
                compliance with section 471(a)(35)(A)(iii).
                  (B) Assisting States, Indian tribes, tribal 
                organizations, and tribal consortia in 
                developing--
                          (i) assessments for screening 
                        children who return to foster care 
                        after running away or otherwise being 
                        absent from foster care for risk of 
                        becoming victims of sex trafficking; 
                        and
                          (ii) effective and robust policies 
                        relating to the use of the assessments.
                  (C) Working with States, Indian tribes, 
                tribal organizations, and tribal consortia to 
                improve or modify policies and procedures 
                developed under section 471(a)(9)(C).
                  (D) Providing technical assistance on how 
                States, Indian tribes, tribal organizations, 
                and tribal consortia may best use data 
                collected pursuant to section 479 for oversight 
                of, and to ensure compliance with, the 
                requirements of paragraphs (9)(C) and 
                (35)(A)(iii) of section 471(a).
          (3) Consultation.--The Secretary shall, to the extent 
        practicable, consult with internal and external offices 
        with expertise on sex trafficking, including the Office 
        on Trafficking in Persons of the Administration for 
        Children and Families, on the development and 
        dissemination to States, Indian tribes, tribal 
        organizations, and tribal consortia of the assistance 
        required under this subsection.

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