Preventing Sex Trafficking and Strengthening Families 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) Amends part E (Foster Care and Adoption Assistance) of title IV (Temporary Assistance for Needy Families) (TANF) of the Social Security Act (SSA) to require the state plan for foster care and adoption assistance to demonstrate that the state agency has developed policies and procedures for identifying, documenting in agency records, and determining appropriate services with respect to, any child or youth over whom the state agency has responsibility for placement, care, or supervision who the state has reasonable cause to believe is, or is at risk of being, a victim of sex trafficking or a severe form of trafficking in persons.
Authorizes a state, at its option, to identify and document any individual under age 26 without regard to whether the individual is or was in foster care under state responsibility.
(Sec. 102) Adds as a state plan requirement the reporting to law enforcement authorities of instances of sex trafficking.
(Sec. 103) Includes sex trafficking data in the adoption and foster care analysis and reporting system (AFCARS).
(Sec. 104) Adds also as a state plan requirement the locating of and responding to children who have run away from foster care.
Directs the state agency to report immediately information on missing or abducted children or youth to law enforcement authorities for entry into the National Crime Information Center (NCIC) database of the Federal Bureau of Investigation (FBI) and to the National Center for Missing and Exploited Children.
(Sec. 105) Directs the Secretary of Health and Human Services (HHS) to report to Congress on information about: (1) children who run away from foster care and their risk of becoming sex trafficking victims, (2) state efforts to provide specialized services, foster family homes, child care institutions, or other forms of placement for children who are sex trafficking victims; and (3) 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) Requires the designated state authority or authorities to: (1) develop a reasonable and prudent parent standard for the child's participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities; and (2) apply this standard to any foster family home or child care institution receiving funds under title IV part E.Directs the Secretary to provide assistance to 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.
Requires that standards for child care institutions require, as a condition of any contract between an institution and the state agency, the presence on-site of at least one official designated as caregiver for a particular child who is authorized and trained to apply the reasonable and prudent parent standard to decisions involving the child's participation in age- or developmentally-appropriate activities.
Requires that such standards also include policies related to the liability of foster parents and private entities under state contract involving application of the reasonable and prudent parent standard to a child's participation in these activities.
Makes it a purpose of the John H. Chafee Foster Care Independence Program to ensure that children who are likely to remain in foster care until age 18 have regular, ongoing opportunities to engage in age or developmentally-appropriate activities. Authorizes increased appropriations for the program beginning in FY2020.
(Sec. 112) Limits to children age 16 or older the option, in an initial permanency hearing, of being placed in a planned permanent living arrangement other than a return to home, referral for termination of parental rights, or placement for adoption, with a fit and willing relative (including an adult sibling), or with a legal guardian. Prescribes documentation and determination requirements for such an option.
Prescribes requirements for approval of the case plan and the case system review procedure for any child for whom another planned permanent living arrangement is the permanency plan determined for the child. Specifies as requirements at each permanency hearing: (1) documentation of intensive, ongoing, unsuccessful efforts for family placement; (2) redetermination of the appropriateness of the child's permanent placement or, if more appropriate, another planned permanent living arrangement; and (3) demonstration of state agency support for the child's engaging in age or developmentally-appropriate activities and social events.
(Sec. 113) Gives children age 14 and older authority to participate in: (1) the development of their own case plans, in consultation with up to two members of the case planning team; as well as (2) transitional planning for a successful adulthood. Specifies additional requirements for a case plan, including specification of a child's rights with respect to education, health, visitation, and court participation, the right to be provided with certain documents (indicated in Sec. 114), and the right to stay safe and avoid exploitation.
(Sec. 114) Requires the case review system to assure that foster children leaving foster care because of having attained age 18 (or a greater age the state has elected), unless in foster care less than six months, are not discharged without being provided with a copy of their birth certificate, Social Security card, health insurance information, copy of medical records, and a driver's license or equivalent state-issued identification card.
(Sec. 115) Requires the Secretary to include in the annual report to Congress on state performance on child protection and child welfare program outcome measures any state-by-state data on children in foster care who have been placed in a child care institution or another setting that is not a foster family home, as well as state-by-state data on children in foster care who are pregnant or parenting.
Subtitle C: National Advisory Committee - (Sec. 121) Amends SSA title XI to establish the National Advisory Committee on the Sex Trafficking of Children and Youth in the United States to 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.
Title II: Improving Adoption Incentives and Extending Family Connection Grants - Subtitle A: Improving Adoption Incentive Payments - (Sec. 201) Amends SSA title IV part E to extend through FY2016 the adoption incentive program.
Revises state eligibility requirements to repeal the requirement based on the number of foster child adoptions during the fiscal year.
Revises the formula for determining the amount of an incentive award to a state, increasing the basic dollar amounts.
Repeals the formula for an increased incentive payment to a state for exceeding its highest ever foster child adoption rate. Replaces it with requirements for an increased incentive payment during FY2013-FY2015 for each timely adoption state determined by the average number of 24 months or fewer between removal of children from their foster care homes to their placement in finalized adoptions.
Prescribes base rates for:
(Sec. 203) Renames the adoption incentive program as the adoption and legal guardianship incentive payments program.
(Sec. 204) Requires a state to use its incentive payment to supplement, but not supplant, any federal or non-federal funds used to provide specified child and family services (including post-adoption services) or foster care and adoption assistance.
(Sec. 205) Increases from 24 to 36 months the period for which incentive payments are available for expenditure.
(Sec. 206) Requires states to report annually to the Secretary on the calculation and use of savings resulting from the phase-out of eligibility requirements for adoption assistance. Requires a state to spend at least 30% of specified 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 66% of the spending to comply with such 30% requirement.
(Sec. 207) Preserves the eligibility of a child for kinship guardianship assistance payments when a guardian is replaced with a successor guardian.
(Sec. 208) Directs the Secretary to 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.
(Sec. 209) Requires notification of parents of a sibling, where the parent has legal custody of the sibling, when a child is removed from parental custody.
Subtitle B: Extending the Family Connection Grant Program - (Sec. 221) Extends the family connection grant program through FY2014.
Makes universities eligible for matching grants under the program.
Requires a kinship navigator to promote partnerships between public and private agencies to increase their knowledge of the needs of other individuals willing and able to be foster parents for children in foster care under state responsibility who are themselves parents in order to promote better services for those families.
Repeals the mandatory reservation of $5 million per fiscal year for grants to implement kinship navigator programs.
Title III: Improving International Child Support Recovery - (Sec. 301) Amends SSA title IV part D (Child Support and Establishment of Paternity) to direct the Secretary to use the authorities otherwise provided by law to ensure U.S. compliance with any multilateral child support convention to which the United States is a party.
Grants the entity designated as a Central Authority for child support enforcement in a foreign reciprocating country or a foreign treaty country access to the Federal Parent Locator Service (FPLS).
Grants states the option to require individuals in a foreign country to apply through their country's appropriate Central Authority for child support enforcement services in a foreign reciprocating or foreign treaty country.
Allows the collection of past due support from federal tax refunds for state services for establishment of paternity and child support enforcement requested by a foreign reciprocating country or a foreign country with which the state has an arrangement.
Revises state law requirements involving the use of the Uniform Interstate Family Support Act.
(Sec. 302) Grants Indian tribes access to FPLS.
Treats an Indian tribe or tribal organization operating a child support enforcement program to be a state with authority to conduct specified kinds of experimental, pilot, or demonstration projects to assist in promoting child support objectives. Allows waiver of certain requirements in order to carry out such projects.
(Sec. 303) Expresses 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.
(Sec. 304) Prescribes requirements for data exchange standards for improved interoperability.
(Sec. 305) Directs the Secretary, in conjunction with the strategic plan, to review and provide recommendations for cost-effective improvements to the child support enforcement program, 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.
Directs the Secretary to report to Congress on policy options for improvements in child support enforcement.
(Sec. 306) Amends part D (Child Support and Establishment of Paternity) of SSA title IV to give the employer the option of using electronic transmission methods prescribed by the Secretary for income withholding in the collection and disbursement of child support payments.
Title IV: Budgetary Effects - (Sec. 401) Requires that the budgetary effects of this Act, for purposes of complying with the Statutory Pay-As-You-Go Act of 2010, be determined by appropriate reference to "Budgetary Effects of PAYGO Legislation."
[113th Congress Public Law 183]
[From the U.S. Government Publishing Office]
[[Page 128 STAT. 1919]]
Public Law 113-183
113th Congress
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. <<NOTE: Sept. 29, 2014 - [H.R. 4980]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Preventing Sex
Trafficking and Strengthening Families Act.>>
SECTION 1. <<NOTE: 42 USC 1305 note.>> 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.
[[Page 128 STAT. 1920]]
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) <<NOTE: Deadlines.>> 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
[[Page 128 STAT. 1921]]
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. <<NOTE: Public
information. Web posting.>> --Not later than 4 years after the date of
the enactment
[[Page 128 STAT. 1922]]
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) <<NOTE: Deadlines. Protocols.>> 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) <<NOTE: Reports.>> 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.''.
[[Page 128 STAT. 1923]]
SEC. 105. INCREASING INFORMATION ON CHILDREN IN FOSTER CARE TO
PREVENT SEX TRAFFICKING.
Not <<NOTE: Deadline. Reports.>> 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
[[Page 128 STAT. 1924]]
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) <<NOTE: 42 USC 671 note.>> 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,
[[Page 128 STAT. 1925]]
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) <<NOTE: Applicability.>> 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) <<NOTE: 42 USC 671 note.>> 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 <<NOTE: Determination.>> 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
[[Page 128 STAT. 1926]]
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) <<NOTE: 42 USC 622 note.>> 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. <<NOTE: 42 USC 675a.>> ADDITIONAL CASE PLAN AND CASE
REVIEW SYSTEM REQUIREMENTS.
``(a) Requirements for Another Planned Permanent Living
Arrangement.-- <<NOTE: Applicability.>> 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. <<NOTE: Procedures.>> --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
[[Page 128 STAT. 1927]]
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
[[Page 128 STAT. 1928]]
(bb) by inserting ``subject
to section 475A(a),'' after
``another planned permanent
living arrangement,''.
(c) <<NOTE: 42 USC 622 note.>> 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) <<NOTE: Determination.>> 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
[[Page 128 STAT. 1929]]
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, <<NOTE: Ante, p. 1926.>> 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) <<NOTE: 42 USC 675 note.>> 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) <<NOTE: Determination.>> 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
[[Page 128 STAT. 1930]]
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) <<NOTE: 42 USC 675 note.>> 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) <<NOTE: Determination.>> 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--
[[Page 128 STAT. 1931]]
``(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. <<NOTE: 42 USC 1314b.>> (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) <<NOTE: Deadline.>> 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.
[[Page 128 STAT. 1932]]
``(2) <<NOTE: Consultation.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline.>> 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-
[[Page 128 STAT. 1933]]
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) <<NOTE: Notifications. Deadlines.>> 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
[[Page 128 STAT. 1934]]
in advance that the Committee will be evaluating the
extent to which States adopt the Committee's
recommendations.
``(E) <<NOTE: Public information. Web posting.>>
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) <<NOTE: Web site.>> 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.
[[Page 128 STAT. 1935]]
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--
[[Page 128 STAT. 1936]]
``(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) <<NOTE: Determination.>> 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
[[Page 128 STAT. 1937]]
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
[[Page 128 STAT. 1938]]
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
[[Page 128 STAT. 1939]]
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:
[[Page 128 STAT. 1940]]
``(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) <<NOTE: Public information. Web posting.>> 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:
[[Page 128 STAT. 1941]]
``(d) <<NOTE: Regulations.>> 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. <<NOTE: Reports.>> 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) <<NOTE: 42 USC 671 note.>> 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. <<NOTE: 42 USC 671 note.>> 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
[[Page 128 STAT. 1942]]
(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) <<NOTE: Determination.>> 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)--
[[Page 128 STAT. 1943]]
(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) <<NOTE: 42 USC 627 note.>> 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
[[Page 128 STAT. 1944]]
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
[[Page 128 STAT. 1945]]
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) <<NOTE: 42 USC 666 note.>> 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) <<NOTE: 28 USC 1738B note.>> 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--
[[Page 128 STAT. 1946]]
(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. <<NOTE: Waiver authority.>> 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.
[[Page 128 STAT. 1947]]
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) <<NOTE: Consultation.>> 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) <<NOTE: Regulations. Deadline. 42 USC 652 note.>> 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) <<NOTE: Review. Recommenda- tions.>> 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
[[Page 128 STAT. 1948]]
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) <<NOTE: Consultation.>> 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,
[[Page 128 STAT. 1949]]
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) <<NOTE: 42 USC 654a note.>> 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
[[Page 128 STAT. 1950]]
Congressional Record by the Chairman of the Senate Budget Committee,
provided that such statement has been submitted prior to the vote on
passage.
Approved September 29, 2014.
LEGISLATIVE HISTORY--H.R. 4980:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 160 (2014):
July 23, considered and passed House.
Sept. 18, considered and passed Senate.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Mr. Camp moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H6711-6724)
DEBATE - The House proceeded with forty minutes of debate on H.R. 4980.
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H6711-6720)
On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H6711-6720)
Motion to reconsider laid on the table Agreed to without objection.
Enacted as Public Law 113-183
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Received in the Senate, read twice.
Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(consideration: CR S5877)
Passed Senate without amendment by Unanimous Consent. (consideration: CR S5877)
Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 113-183.
Became Public Law No: 113-183.