[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4980 Enrolled Bill (ENR)]
H.R.4980
One Hundred Thirteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and fourteen
An Act
To prevent and address sex trafficking of children in foster care, to
extend and improve adoption incentives, and to improve international
child support recovery.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``Preventing Sex Trafficking and
Strengthening Families Act''.

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The table of contents of this Act is as follows:

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Subtitle A--Identifying and Protecting Children and Youth at Risk of Sex
Trafficking

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children and youth at risk of sex trafficking.

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TITLE I

-PROTECTING CHILDREN AND YOUTH AT RISK OF SEX TRAFFICKING

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sex trafficking.
Subtitle B--Improving Opportunities for Children in Foster Care and
Supporting Permanency

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of their own case plan and transition planning for a
successful adulthood.

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Security card, health insurance information, medical records,
and a driver's license or equivalent State-issued
identification card.

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AFCARS data; consultation.
Subtitle C--National Advisory Committee

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trafficking of children and youth in the United States.
GRANTS
Subtitle A--Improving Adoption Incentive Payments

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TITLE II

-IMPROVING ADOPTION INCENTIVES AND EXTENDING FAMILY CONNECTION

the phase-out of eligibility requirements for adoption
assistance; requirement to spend 30 percent of savings on
certain services.

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assistance payments with a successor guardian.

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Subtitle B--Extending the Family Connection Grant Program

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TITLE III

-IMPROVING INTERNATIONAL CHILD SUPPORT RECOVERY

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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.
Subtitle A--Identifying and Protecting Children and Youth at Risk of
Sex Trafficking

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TITLE IV

-BUDGETARY EFFECTS

CHILDREN AND YOUTH AT RISK OF SEX TRAFFICKING.
(a) In General.--Section 471(a)(9) (42 U.S.C. 671(a)(9)) is
amended--
(1) in subparagraph (A), by striking ``and'';
(2) in subparagraph (B), by inserting ``and'' after the
semicolon; and
(3) by adding at the end the following:
``(C) not later than--
``(i) 1 year after the date of enactment of this
subparagraph, demonstrate to the Secretary that the State
agency has developed, in consultation with State and local
law enforcement, juvenile justice systems, health care
providers, education agencies, and organizations with
experience in dealing with at-risk children and youth,
policies and procedures (including relevant training for
caseworkers) for identifying, documenting in agency
records, and determining appropriate services with respect
to--
``(I) any child or youth over whom the State agency
has responsibility for placement, care, or supervision
and who the State has reasonable cause to believe is,
or is at risk of being, a sex trafficking victim
(including children for whom a State child welfare
agency has an open case file but who have not been
removed from the home, children who have run away from
foster care and who have not attained 18 years of age
or such older age as the State has elected under
section 475(8) of this Act, and youth who are not in
foster care but are receiving services under section
477 of this Act); and
``(II) at the option of the State, any individual
who has not attained 26 years of age, without regard to
whether the individual is or was in foster care under
the responsibility of the State; and
``(ii) 2 years after such date of enactment,
demonstrate to the Secretary that the State agency is
implementing the policies and procedures referred to in
clause (i).''.
(b) Definition of Sex Trafficking Victim.--Section 475 (42 U.S.C.
675) is amended by adding at the end the following:
``(9) The term `sex trafficking victim' means a victim of--
``(A) sex trafficking (as defined in section 103(10) of the
Trafficking Victims Protection Act of 2000); or
``(B) a severe form of trafficking in persons described in
section 103(9)(A) of such Act.''.

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(a) State Plan Requirements.--Section 471(a) (42 U.S.C. 671(a)) is
amended--
(1) by striking ``and'' at the end of paragraph (32);
(2) by striking the period at the end of paragraph (33) and
inserting a semicolon; and
(3) by adding at the end the following:
``(34) provides that, for each child or youth described in
paragraph (9)(C)(i)(I), the State agency shall--
``(A) not later than 2 years after the date of the
enactment of this paragraph, report immediately, and in no case
later than 24 hours after receiving information on children or
youth who have been identified as being a sex trafficking
victim, to the law enforcement authorities; and
``(B) not later than 3 years after such date of enactment
and annually thereafter, report to the Secretary the total
number of children and youth who are sex trafficking
victims.''.
(b) Duties of the Secretary.--Section 471 (42 U.S.C. 671) is
amended by adding at the end the following:
``(d) Annual Reports by the Secretary on Number of Children and
Youth Reported by States To Be Sex Trafficking Victims.--Not later than
4 years after the date of the enactment of this subsection and annually
thereafter, the Secretary shall report to the Congress and make
available to the public on the Internet website of the Department of
Health and Human Services the number of children and youth reported in
accordance with subsection (a)(34)(B) of this section to be sex
trafficking victims (as defined in section 475(9)(A)).''.

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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''.

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FOSTER CARE.
Section 471(a) (42 U.S.C. 671(a)), as amended by section 102(a) of
this Act, is amended--
(1) by striking the period at the end of paragraph (34) and
inserting ``; and''; and
(2) by adding at the end the following:
``(35) provides that--
``(A) not later than 1 year after the date of the enactment
of this paragraph, the State shall develop and implement
specific protocols for--
``(i) expeditiously locating any child missing from
foster care;
``(ii) determining the primary factors that contributed
to the child's running away or otherwise being absent from
care, and to the extent possible and appropriate,
responding to those factors in current and subsequent
placements;
``(iii) determining the child's experiences while
absent from care, including screening the child to
determine if the child is a possible sex trafficking victim
(as defined in section 475(9)(A)); and
``(iv) reporting such related information as required
by the Secretary; and
``(B) not later than 2 years after such date of enactment,
for each child and youth described in paragraph (9)(C)(i)(I) of
this subsection, the State agency shall report immediately, and
in no case later than 24 hours after receiving, information on
missing or abducted children or youth to the law enforcement
authorities for entry into the National Crime Information
Center (NCIC) database of the Federal Bureau of Investigation,
established pursuant to section 534 of title 28, United States
Code, and to the National Center for Missing and Exploited
Children.''.

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PREVENT SEX TRAFFICKING.
Not later than 2 years after the date of the enactment of this Act,
the Secretary of Health and Human Services shall submit to the Congress
a written report which summarizes the following:
(1) Information on children who run away from foster care and
their risk of becoming sex trafficking victims, using data reported
by States under section 479 of the Social Security Act and
information collected by States related to section 471(a)(35) of
such Act, including--
(A) characteristics of children who run away from foster
care;
(B) potential factors associated with children running away
from foster care (such as reason for entry into care, length of
stay in care, type of placement, and other factors that
contributed to the child's running away);
(C) information on children's experiences while absent from
care; and
(D) trends in the number of children reported as runaways
in each fiscal year (including factors that may have
contributed to changes in such trends).
(2) Information on State efforts to provide specialized
services, foster family homes, child care institutions, or other
forms of placement for children who are sex trafficking victims.
(3) Information on State efforts to ensure children in foster
care form and maintain long-lasting connections to caring adults,
even when a child in foster care must move to another foster family
home or when the child is placed under the supervision of a new
caseworker.
Subtitle B--Improving Opportunities for Children in Foster Care and
Supporting Permanency

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(a) Reasonable and Prudent Parent Standard.--
(1) Definitions relating to the standard.--Section 475 (42
U.S.C. 675), as amended by section 101(b) of this Act, is amended
by adding at the end the following:
``(10)(A) The term `reasonable and prudent parent standard'
means the standard characterized by careful and sensible parental
decisions that maintain the health, safety, and best interests of a
child while at the same time encouraging the emotional and
developmental growth of the child, that a caregiver shall use when
determining whether to allow a child in foster care under the
responsibility of the State to participate in extracurricular,
enrichment, cultural, and social activities.
``(B) For purposes of subparagraph (A), the term `caregiver'
means a foster parent with whom a child in foster care has been
placed or a designated official for a child care institution in
which a child in foster care has been placed.
``(11)(A) The term `age or developmentally-appropriate' means--
``(i) activities or items that are generally accepted as
suitable for children of the same chronological age or level of
maturity or that are determined to be developmentally-
appropriate for a child, based on the development of cognitive,
emotional, physical, and behavioral capacities that are typical
for an age or age group; and
``(ii) in the case of a specific child, activities or items
that are suitable for the child based on the developmental
stages attained by the child with respect to the cognitive,
emotional, physical, and behavioral capacities of the child.
``(B) In the event that any age-related activities have
implications relative to the academic curriculum of a child,
nothing in this part or part B shall be construed to authorize an
officer or employee of the Federal Government to mandate, direct,
or control a State or local educational agency, or the specific
instructional content, academic achievement standards and
assessments, curriculum, or program of instruction of a school.''.
(2) State plan requirement.--Section 471(a)(24) (42 U.S.C.
671(a)(24)) is amended--
(A) by striking ``include'' and inserting ``includes'';
(B) by striking ``and that such preparation'' and inserting
``that the preparation''; and
(C) by inserting ``, and that the preparation shall include
knowledge and skills relating to the reasonable and prudent
parent standard for the participation of the child in age or
developmentally-appropriate activities, including knowledge and
skills relating to the developmental stages of the cognitive,
emotional, physical, and behavioral capacities of a child, and
knowledge and skills relating to applying the standard to
decisions such as whether to allow the child to engage in
social, extracurricular, enrichment, cultural, and social
activities, including sports, field trips, and overnight
activities lasting 1 or more days, and to decisions involving
the signing of permission slips and arranging of transportation
for the child to and from extracurricular, enrichment, and
social activities'' before the semicolon.
(3) Technical assistance.--The Secretary of Health and Human
Services shall provide assistance to the States on best practices
for devising strategies to assist foster parents in applying a
reasonable and prudent parent standard in a manner that protects
child safety, while also allowing children to experience normal and
beneficial activities, including methods for appropriately
considering the concerns of the biological parents of a child in
decisions related to participation of the child in activities (with
the understanding that those concerns should not necessarily
determine the participation of the child in any activity).
(b) Normalcy for Children in Child Care Institutions.--Section
471(a)(10) (42 U.S.C. 671(a)(10)) is amended to read as follows:
``(10) provides--
``(A) for the establishment or designation of a State
authority or authorities that shall be responsible for
establishing and maintaining standards for foster family homes
and child care institutions which are reasonably in accord with
recommended standards of national organizations concerned with
standards for the institutions or homes, including standards
related to admission policies, safety, sanitation, and
protection of civil rights, and which shall permit use of the
reasonable and prudent parenting standard;
``(B) that the standards established pursuant to
subparagraph (A) shall be applied by the State to any foster
family home or child care institution receiving funds under
this part or part B and shall require, as a condition of each
contract entered into by a child care institution to provide
foster care, the presence on-site of at least 1 official who,
with respect to any child placed at the child care institution,
is designated to be the caregiver who is authorized to apply
the reasonable and prudent parent standard to decisions
involving the participation of the child in age or
developmentally-appropriate activities, and who is provided
with training in how to use and apply the reasonable and
prudent parent standard in the same manner as prospective
foster parents are provided the training pursuant to paragraph
(24);
``(C) that the standards established pursuant to
subparagraph (A) shall include policies related to the
liability of foster parents and private entities under contract
by the State involving the application of the reasonable and
prudent parent standard, to ensure appropriate liability for
caregivers when a child participates in an approved activity
and the caregiver approving the activity acts in accordance
with the reasonable and prudent parent standard; and
``(D) that a waiver of any standards established pursuant
to subparagraph (A) may be made only on a case-by-case basis
for nonsafety standards (as determined by the State) in
relative foster family homes for specific children in care;''.
(c) Supporting Participation in Age-Appropriate Activities.--
(1) Section 477(a) (42 U.S.C. 677(a)) is amended--
(A) by striking ``and'' at the end of paragraph (6);
(B) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(C) by adding at the end the following:
``(8) to ensure children who are likely to remain in foster
care until 18 years of age have regular, ongoing opportunities to
engage in age or developmentally-appropriate activities as defined
in section 475(11).''.
(2) Section 477(h)(1) (42 U.S.C. 677(h)(1)) is amended by
inserting ``or, beginning in fiscal year 2020, $143,000,000'' after
``$140,000,000''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall take
effect on the date that is 1 year after the date of the enactment
of this Act.
(2) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan developed pursuant to part E of
title IV of the Social Security Act to meet the additional
requirements imposed by the amendments made by this section, the
plan shall not be regarded as failing to meet any of the additional
requirements before the 1st day of the 1st calendar quarter
beginning after the 1st regular session of the State legislature
that begins after the date of the enactment of this Act. If the
State has a 2-year legislative session, each year of the session is
deemed to be a separate regular session of the State legislature.

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A PERMANENCY OPTION.
(a) Elimination of Another Planned Permanent Living Arrangement for
Children Under Age 16.--
(1) In general.--Section 475(5)(C)(i) (42 U.S.C. 675(5)(C)(i))
is amended by inserting ``only in the case of a child who has
attained 16 years of age'' before ``(in cases where''.
(2) Conforming amendment.--Section 422(b)(8)(A)(iii)(II) (42
U.S.C. 622(b)(8)(A)(iii)(II)) is amended by inserting ``, subject
to the requirements of sections 475(5)(C) and 475A(a)'' after
``arrangement''.
(3) Delayed applicability with respect to certain children.--In
the case of children in foster care under the responsibility of an
Indian tribe, tribal organization, or tribal consortium (either
directly or under supervision of a State), the amendments made by
this subsection shall not apply until the date that is 3 years
after the date of the enactment of this Act.
(b) Additional Requirements.--
(1) In general.--Part E of title IV (42 U.S.C. 670 et seq.) is
amended by inserting after section 475 the following:
``SEC. 475A. ADDITIONAL CASE PLAN AND CASE REVIEW SYSTEM REQUIREMENTS.
``(a) Requirements for Another Planned Permanent Living
Arrangement.--In the case of any child for whom another planned
permanent living arrangement is the permanency plan determined for the
child under section 475(5)(C), the following requirements shall apply
for purposes of approving the case plan for the child and the case
system review procedure for the child:
``(1) Documentation of intensive, ongoing, unsuccessful efforts
for family placement.--At each permanency hearing held with respect
to the child, the State agency documents the intensive, ongoing,
and, as of the date of the hearing, unsuccessful efforts made by
the State agency to return the child home or secure a placement for
the child with a fit and willing relative (including adult
siblings), a legal guardian, or an adoptive parent, including
through efforts that utilize search technology (including social
media) to find biological family members for the children.
``(2) Redetermination of appropriateness of placement at each
permanency hearing.--The State agency shall implement procedures to
ensure that, at each permanency hearing held with respect to the
child, the court or administrative body appointed or approved by
the court conducting the hearing on the permanency plan for the
child does the following:
``(A) Ask the child about the desired permanency outcome
for the child.
``(B) Make a judicial determination explaining why, as of
the date of the hearing, another planned permanent living
arrangement is the best permanency plan for the child and
provide compelling reasons why it continues to not be in the
best interests of the child to--
``(i) return home;
``(ii) be placed for adoption;
``(iii) be placed with a legal guardian; or
``(iv) be placed with a fit and willing relative.
``(3) Demonstration of support for engaging in age or
developmentally-appropriate activities and social events.--At each
permanency hearing held with respect to the child, the State agency
shall document the steps the State agency is taking to ensure
that--
``(A) the child's foster family home or child care
institution is following the reasonable and prudent parent
standard; and
``(B) the child has regular, ongoing opportunities to
engage in age or developmentally appropriate activities
(including by consulting with the child in an age-appropriate
manner about the opportunities of the child to participate in
the activities).''.
(2) Conforming amendments.--
(A) State plan requirements.--
(i) Part b.--Section 422(b)(8)(A)(ii) (42 U.S.C.
622(b)(8)(A)(ii)) is amended by inserting ``and in
accordance with the requirements of section 475A'' after
``section 475(5)''.
(ii) Part e.--Section 471(a)(16) (42 U.S.C. 671(a)(16))
is amended--
(I) by inserting ``and in accordance with the
requirements of section 475A'' after ``section
475(1)''; and
(II) by striking ``section 475(5)(B)'' and
inserting ``sections 475(5) and 475A''.
(B) Definitions.--Section 475 (42 U.S.C. 675) is amended--
(i) in paragraph (1), in the matter preceding
subparagraph (A), by inserting ``meets the requirements of
section 475A and'' after ``written document which''; and
(ii) in paragraph (5)--
(I) in subparagraph (B), by adding at the end the
following ``and, for a child for whom another planned
permanent living arrangement has been determined as the
permanency plan, the steps the State agency is taking
to ensure the child's foster family home or child care
institution is following the reasonable and prudent
parent standard and to ascertain whether the child has
regular, ongoing opportunities to engage in age or
developmentally appropriate activities (including by
consulting with the child in an age-appropriate manner
about the opportunities of the child to participate in
the activities);''; and
(II) in subparagraph (C)--
(aa) by inserting ``, as of the date of the
hearing,'' after ``compelling reason for
determining''; and
(bb) by inserting ``subject to section
475A(a),'' after ``another planned permanent living
arrangement,''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall take
effect on the date that is 1 year after the date of the enactment
of this Act.
(2) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan developed pursuant to part E of
title IV of the Social Security Act to meet the additional
requirements imposed by the amendments made by this section, the
plan shall not be regarded as failing to meet any of the additional
requirements before the 1st day of the 1st calendar quarter
beginning after the 1st regular session of the State legislature
that begins after the date of the enactment of this Act. If the
State has a 2-year legislative session, each year of the session is
deemed to be a separate regular session of the State legislature.

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DEVELOPMENT OF THEIR OWN CASE PLAN AND TRANSITION PLANNING FOR A
SUCCESSFUL ADULTHOOD.
(a) In General.--Section 475(1)(B) (42 U.S.C. 675(1)(B)) is amended
by adding at the end the following: ``With respect to a child who has
attained 14 years of age, the plan developed for the child in
accordance with this paragraph, and any revision or addition to the
plan, shall be developed in consultation with the child and, at the
option of the child, with up to 2 members of the case planning team who
are chosen by the child and who are not a foster parent of, or
caseworker for, the child. A State may reject an individual selected by
a child to be a member of the case planning team at any time if the
State has good cause to believe that the individual would not act in
the best interests of the child. One individual selected by a child to
be a member of the child's case planning team may be designated to be
the child's advisor and, as necessary, advocate, with respect to the
application of the reasonable and prudent parent standard to the
child.''.
(b) Conforming Amendments To Include Children 14 and Older in
Transition Planning.--Section 475 (42 U.S.C. 675) is amended--
(1) in paragraph (1)(D), by striking ``Where appropriate, for a
child age 16'' and inserting ``For a child who has attained 14
years of age''; and
(2) in paragraph (5)--
(A) in subparagraph (C)--
(i) in clause (i), by striking ``16'' and inserting
``14'';
(ii) by striking ``and'' at the end of clause (ii); and
(iii) by adding at the end the following: ``and (iv) if
a child has attained 14 years of age, the permanency plan
developed for the child, and any revision or addition to
the plan, shall be developed in consultation with the child
and, at the option of the child, with not more than 2
members of the permanency planning team who are selected by
the child and who are not a foster parent of, or caseworker
for, the child, except that the State may reject an
individual so selected by the child if the State has good
cause to believe that the individual would not act in the
best interests of the child, and 1 individual so selected
by the child may be designated to be the child's advisor
and, as necessary, advocate, with respect to the
application of the reasonable and prudent standard to the
child;''; and
(B) in subparagraph (I), by striking ``16'' and inserting
``14''.
(c) Transition Planning for a Successful Adulthood.--Paragraphs
(1)(D), (5)(C)(i), and (5)(C)(iii) of section 475 (42 U.S.C. 675) are
each amended by striking ``independent living'' and inserting ``a
successful adulthood''.
(d) List of Rights.--Section 475A, as added by section 112(b)(1) of
this Act, is amended by adding at the end the following:
``(b) List of Rights.--The case plan for any child in foster care
under the responsibility of the State who has attained 14 years of age
shall include--
``(1) a document that describes the rights of the child with
respect to education, health, visitation, and court participation,
the right to be provided with the documents specified in section
475(5)(I) in accordance with that section, and the right to stay
safe and avoid exploitation; and
``(2) a signed acknowledgment by the child that the child has
been provided with a copy of the document and that the rights
contained in the document have been explained to the child in an
age-appropriate way.''.
(e) Report.--Not later than 2 years after the date of the enactment
of this Act, the Secretary of Health and Human Services shall submit a
report to Congress regarding the implementation of the amendments made
by this section. The report shall include--
(1) an analysis of how States are administering the
requirements of paragraphs (1)(B) and (5)(C) of section 475 of the
Social Security Act, as amended by subsections (a) and (b) of this
section, that a child in foster care who has attained 14 years of
age be permitted to select up to 2 members of the case planning
team or permanency planning team for the child from individuals who
are not a foster parent of, or caseworker for, the child; and
(2) a description of best practices of States with respect to
the administration of the requirements.
(f) Effective Date.--
(1) In general.--The amendments made by this section shall take
effect on the date that is 1 year after the date of the enactment
of this Act.
(2) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan developed pursuant to part E of
title IV of the Social Security Act to meet the additional
requirements imposed by the amendments made by this section, the
plan shall not be regarded as failing to meet any of the additional
requirements before the 1st day of the 1st calendar quarter
beginning after the 1st regular session of the State legislature
that begins after the date of the enactment of this Act. If the
State has a 2-year legislative session, each year of the session is
deemed to be a separate regular session of the State legislature.

0719c4cdabe443d680d8bac24e311c65fe85a45b78eb85e5fd326bb79de2319b

SECURITY CARD, HEALTH INSURANCE INFORMATION, MEDICAL RECORDS, AND
A DRIVER'S LICENSE OR EQUIVALENT STATE-ISSUED IDENTIFICATION
CARD.
(a) Case Review System Requirement.--Section 475(5)(I) (42 U.S.C.
675(5)(I)) is amended--
(1) by striking ``and receives assistance'' and inserting
``receives assistance''; and
(2) by inserting ``, and, if the child is leaving foster care
by reason of having attained 18 years of age or such greater age as
the State has elected under paragraph (8), unless the child has
been in foster care for less than 6 months, is not discharged from
care without being provided with (if the child is eligible to
receive such document) an official or certified copy of the United
States birth certificate of the child, a social security card
issued by the Commissioner of Social Security, health insurance
information, a copy of the child's medical records, and a driver's
license or identification card issued by a State in accordance with
the requirements of section 202 of the REAL ID Act of 2005'' before
the period.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall take
effect 1 year after the date of enactment of this Act.
(2) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan developed pursuant to part E of
title IV of the Social Security Act to meet the additional
requirements imposed by the amendments made by this section, the
plan shall not be regarded as failing to meet any of the additional
requirements before the 1st day of the 1st calendar quarter
beginning after the 1st regular session of the State legislature
that begins after the date of the enactment of this Act. If the
State has a 2-year legislative session, each year of the session is
deemed to be a separate regular session of the State legislature.

d287dae21a87a6b0503a77a764091ae1a8606f352f93d085aee5a4aa76ca3530

USING AFCARS DATA; CONSULTATION.
Section 479A (42 U.S.C. 679b) is amended--
(1) by striking ``The Secretary'' and inserting the following:
``(a) In General.--The Secretary'';
(2) in paragraph (5), by striking ``and'' after the semicolon;
(3) in paragraph (6)(C), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(7) include in the report submitted pursuant to paragraph (5)
for fiscal year 2016 or any succeeding fiscal year, State-by-State
data on--
``(A) children in foster care who have been placed in a
child care institution or other setting that is not a foster
family home, including--
``(i) the number of children in the placements and
their ages, including separately, the number and ages of
children who have a permanency plan of another planned
permanent living arrangement;
``(ii) the duration of the placement in the settings
(including for children who have a permanency plan of
another planned permanent living arrangement);
``(iii) the types of child care institutions used
(including group homes, residential treatment, shelters, or
other congregate care settings);
``(iv) with respect to each child care institution or
other setting that is not a foster family home, the number
of children in foster care residing in each such
institution or non-foster family home;
``(v) any clinically diagnosed special need of such
children; and
``(vi) the extent of any specialized education,
treatment, counseling, or other services provided in the
settings; and
``(B) children in foster care who are pregnant or
parenting.
``(b) Consultation on Other Issues.--The Secretary shall consult
with States and organizations with an interest in child welfare,
including organizations that provide adoption and foster care services,
and shall take into account requests from Members of Congress, in
selecting other issues to be analyzed and reported on under this
section using data available to the Secretary, including data reported
by States through the Adoption and Foster Care Analysis and Reporting
System and to the National Youth in Transition Database.''.
Subtitle C--National Advisory Committee

b4fcee2b31075c56ffd2d3e527dbe3adca40fc52fbf16fdb19a98ec71bfd5ada

TRAFFICKING OF CHILDREN AND YOUTH IN THE UNITED STATES.
Title XI (42 U.S.C. 1301 et seq.) is amended by inserting after
section 1114 the following:
``national advisory committee on the sex trafficking of chiildren and
youth in the united states
``Sec. 1114A.  (a) Official Designation.--This section relates to
the National Advisory Committee on the Sex Trafficking of Children and
Youth in the United States (in this section referred to as the
`Committee').
``(b) Authority.--Not later than 2 years after the date of
enactment of this section, the Secretary shall establish and appoint
all members of the Committee.
``(c) Membership.--
``(1) Composition.--The Committee shall be composed of not more
than 21 members whose diverse experience and background enable them
to provide balanced points of view with regard to carrying out the
duties of the Committee.
``(2) Selection.--The Secretary, in consultation with the
Attorney General and National Governors Association, shall appoint
the members to the Committee. At least 1 Committee member shall be
a former sex trafficking victim. 2 Committee members shall be a
Governor of a State, 1 of whom shall be a member of the Democratic
Party and 1 of whom shall be a member of the Republican Party.
``(3) Period of appointment; vacancies.--Members shall be
appointed for the life of the Committee. A vacancy in the Committee
shall be filled in the manner in which the original appointment was
made and shall not affect the powers or duties of the Committee.
``(4) Compensation.--Committee members shall serve without
compensation or per diem in lieu of subsistence.
``(d) Duties.--
``(1) National response.--The Committee shall advise the
Secretary and the Attorney General on practical and general
policies concerning improvements to the Nation's response to the
sex trafficking of children and youth in the United States.
``(2) Policies for cooperation.--The Committee shall advise the
Secretary and the Attorney General on practical and general
policies concerning the cooperation of Federal, State, local, and
tribal governments, child welfare agencies, social service
providers, physical health and mental health providers, victim
service providers, State or local courts with responsibility for
conducting or supervising proceedings relating to child welfare or
social services for children and their families, Federal, State,
and local police, juvenile detention centers, and runaway and
homeless youth programs, schools, the gaming and entertainment
industry, and businesses and organizations that provide services to
youth, on responding to sex trafficking, including the development
and implementation of--
``(A) successful interventions with children and youth who
are exposed to conditions that make them vulnerable to, or
victims of, sex trafficking; and
``(B) recommendations for administrative or legislative
changes necessary to use programs, properties, or other
resources owned, operated, or funded by the Federal Government
to provide safe housing for children and youth who are sex
trafficking victims and provide support to entities that
provide housing or other assistance to the victims.
``(3) Best practices and recommendations for states.--
``(A) In general.--Within 2 years after the establishment
of the Committee, the Committee shall develop 2 tiers (referred
to in this subparagraph as `Tier I' and `Tier II') of
recommended best practices for States to follow in combating
the sex trafficking of children and youth. Tier I shall provide
States that have not yet substantively addressed the sex
trafficking of children and youth with an idea of where to
begin and what steps to take. Tier II shall provide States that
are already working to address the sex trafficking of children
and youth with examples of policies that are already being used
effectively by other States to address sex trafficking.
``(B) Development.--The best practices shall be based on
multidisciplinary research and promising, evidence-based models
and programs as reflected in State efforts to meet the
requirements of sections 101 and 102 of the Preventing Sex
Trafficking and Strengthening Families Act.
``(C) Content.--The best practices shall be user-friendly,
incorporate the most up-to-date technology, and include the
following:
``(i) Sample training materials, protocols, and
screening tools that, to the extent possible, accommodate
for regional differences among the States, to prepare
individuals who administer social services to identify and
serve children and youth who are sex trafficking victims or
at-risk of sex trafficking.
``(ii) Multidisciplinary strategies to identify
victims, manage cases, and improve services for all
children and youth who are at risk of sex trafficking, or
are sex trafficking victims, in the United States.
``(iii) Sample protocols and recommendations based on
current States' efforts, accounting for regional
differences between States that provide for effective,
cross-system collaboration between Federal, State, local,
and tribal governments, child welfare agencies, social
service providers, physical health and mental health
providers, victim service providers, State or local courts
with responsibility for conducting or supervising
proceedings relating to child welfare or social services
for children and their families, the gaming and
entertainment industry, Federal, State, and local police,
juvenile detention centers and runaway and homeless youth
programs, housing resources that are appropriate for
housing child and youth victims of trafficking, schools,
and businesses and organizations that provide services to
children and youth. These protocols and recommendations
should include strategies to identify victims and collect,
document, and share data across systems and agencies, and
should be designed to help agencies better understand the
type of sex trafficking involved, the scope of the problem,
the needs of the population to be served, ways to address
the demand for trafficked children and youth and increase
prosecutions of traffickers and purchasers of children and
youth, and the degree of victim interaction with multiple
systems.
``(iv) Developing the criteria and guidelines necessary
for establishing safe residential placements for foster
children who have been sex trafficked as well as victims of
trafficking identified through interaction with law
enforcement.
``(v) Developing training guidelines for caregivers
that serve children and youth being cared for outside the
home.
``(D) Informing states of best practices.--The Committee,
in coordination with the National Governors Association,
Secretary and Attorney General, shall ensure that State
Governors and child welfare agencies are notified and informed
on a quarterly basis of the best practices and recommendations
for States, and notified 6 months in advance that the Committee
will be evaluating the extent to which States adopt the
Committee's recommendations.
``(E) Report on state implementation.--Within 3 years after
the establishment of the Committee, the Committee shall submit
to the Secretary and the Attorney General, as part of its final
report as well as for online and publicly available
publication, a description of what each State has done to
implement the recommendations of the Committee.
``(e) Reports.--
``(1) In general.--The Committee shall submit an interim and a
final report on the work of the Committee to--
``(A) the Secretary;
``(B) the Attorney General;
``(C) the Committee on Finance of the Senate; and
``(D) the Committee on Ways and Means of the House of
Representatives.
``(2) Reporting dates.--The interim report shall be submitted
not later than 3 years after the establishment of the Committee.
The final report shall be submitted not later than 4 years after
the establishment of the Committee.
``(f) Administration.--
``(1) Agency support.--The Secretary shall direct the head of
the Administration for Children and Families of the Department of
Health and Human Services to provide all necessary support for the
Committee.
``(2) Meetings.--
``(A) In general.--The Committee will meet at the call of
the Secretary at least twice each year to carry out this
section, and more often as otherwise required.
``(B) Accommodation for committee members unable to attend
in person.--The Secretary shall create a process through which
Committee members who are unable to travel to a Committee
meeting in person may participate remotely through the use of
video conference, teleconference, online, or other means.
``(3) Subcommittees.--The Committee may establish subcommittees
or working groups, as necessary and consistent with the mission of
the Committee. The subcommittees or working groups shall have no
authority to make decisions on behalf of the Committee, nor shall
they report directly to any official or entity listed in subsection
(d).
``(4) Recordkeeping.--The records of the Committee and any
subcommittees and working groups shall be maintained in accordance
with appropriate Department of Health and Human Services policies
and procedures and shall be available for public inspection and
copying, subject to the Freedom of Information Act (5 U.S.C. 552).
``(g) Termination.--The Committee shall terminate 5 years after the
date of its establishment, but the Secretary shall continue to operate
and update, as necessary, an Internet website displaying the State best
practices, recommendations, and evaluation of State-by-State
implementation of the Secretary's recommendations.
``(h) Definition.--For the purpose of this section, the term `sex
trafficking' includes the definition set forth in section 103(10) of
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(10)) and
`severe form of trafficking in persons' described in section 103(9)(A)
of such Act.''.
GRANTS
Subtitle A--Improving Adoption Incentive Payments

b14ef5da26dbc0ed224c67ad57901dee0b17b3d21bdadd10a0abf1cc1c5a5bd4

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''.

6af91cd2c1cb6eb793dc765194e513bb1789463681bc6238e7dc427b61397809

(a) Eligibility for Award.--Section 473A(b) (42 U.S.C. 673b(b)) is
amended by striking paragraph (2) and redesignating paragraphs (3)
through (5) as paragraphs (2) through (4), respectively.
(b) Data Requirements.--Section 473A(c)(2) (42 U.S.C. 673b(c)(2))
is amended--
(1) in the paragraph heading, by striking ``numbers of
adoptions'' and inserting ``rates of adoptions and guardianships'';
(2) by striking ``the numbers'' and all that follows through
``section,'' and inserting ``each of the rates required to be
determined under this section with respect to a State and a fiscal
year,''; and
(3) by inserting before the period the following: ``, and, with
respect to the determination of the rates related to foster child
guardianships, on the basis of information reported to the
Secretary under paragraph (12) of subsection (g)''.
(c) Award Amount.--Section 473A(d) (42 U.S.C. 673b(d)) is amended--
(1) in paragraph (1), by striking subparagraphs (A) through (C)
and inserting the following:
``(A) $5,000, multiplied by the amount (if any) by which--
``(i) the number of foster child adoptions in the State
during the fiscal year; exceeds
``(ii) the product (rounded to the nearest whole
number) of--
``(I) the base rate of foster child adoptions for
the State for the fiscal year; and
``(II) the number of children in foster care under
the supervision of the State on the last day of the
preceding fiscal year;
``(B) $7,500, multiplied by the amount (if any) by which--
``(i) the number of pre-adolescent child adoptions and
pre-adolescent foster child guardianships in the State
during the fiscal year; exceeds
``(ii) the product (rounded to the nearest whole
number) of--
``(I) the base rate of pre-adolescent child
adoptions and pre-adolescent foster child guardianships
for the State for the fiscal year; and
``(II) the number of children in foster care under
the supervision of the State on the last day of the
preceding fiscal year who have attained 9 years of age
but not 14 years of age; and
``(C) $10,000, multiplied by the amount (if any) by which--
``(i) the number of older child adoptions and older
foster child guardianships in the State during the fiscal
year; exceeds
``(ii) the product (rounded to the nearest whole
number) of--
``(I) the base rate of older child adoptions and
older foster child guardianships for the State for the
fiscal year; and
``(II) the number of children in foster care under
the supervision of the State on the last day of the
preceding fiscal year who have attained 14 years of
age; and
``(D) $4,000, multiplied by the amount (if any) by which--
``(i) the number of foster child guardianships in the
State during the fiscal year; exceeds
``(ii) the product (rounded to the nearest whole
number) of--
``(I) the base rate of foster child guardianships
for the State for the fiscal year; and
``(II) the number of children in foster care under
the supervision of the State on the last day of the
preceding fiscal year.''; and
(2) by striking paragraph (3) and inserting the following:
``(3) Increased adoption and legal guardianship incentive
payment for timely adoptions.--
``(A) In general.--If for any of fiscal years 2013 through
2015, the total amount of adoption and legal guardianship
incentive payments payable under paragraph (1) of this
subsection are less than the amount appropriated under
subsection (h) for the fiscal year, then, from the remainder of
the amount appropriated for the fiscal year that is not
required for such payments (in this paragraph referred to as
the `timely adoption award pool'), the Secretary shall increase
the adoption incentive payment determined under paragraph (1)
for each State that the Secretary determines is a timely
adoption award State for the fiscal year by the award amount
determined for the fiscal year under subparagraph (C).
``(B) Timely adoption award state defined.--A State is a
timely adoption award State for a fiscal year if the Secretary
determines that, for children who were in foster care under the
supervision of the State at the time of adoptive placement, the
average number of months from removal of children from their
home to the placement of children in finalized adoptions is
less than 24 months.
``(C) Award amount.--For purposes of subparagraph (A), the
award amount determined under this subparagraph with respect to
a fiscal year is the amount equal to the timely adoption award
pool for the fiscal year divided by the number of timely
adoption award States for the fiscal year.''.
(d) Definitions.--Section 473A(g) (42 U.S.C. 673b(g)) is amended by
striking paragraphs (1) through (8) and inserting the following:
``(1) Foster child adoption rate.--The term `foster child
adoption rate' means, with respect to a State and a fiscal year,
the percentage determined by dividing--
``(A) the number of foster child adoptions finalized in the
State during the fiscal year; by
``(B) the number of children in foster care under the
supervision of the State on the last day of the preceding
fiscal year.
``(2) Base rate of foster child adoptions.--The term `base rate
of foster child adoptions' means, with respect to a State and a
fiscal year, the lesser of--
``(A) the foster child adoption rate for the State for the
then immediately preceding fiscal year; or
``(B) the foster child adoption rate for the State for the
average of the then immediately preceding 3 fiscal years.
``(3) Foster child adoption.--The term `foster child adoption'
means the final adoption of a child who, at the time of adoptive
placement, was in foster care under the supervision of the State.
``(4) Pre-adolescent child adoption and pre-adolescent foster
child guardianship rate.--The term `pre-adolescent child adoption
and pre-adolescent foster child guardianship rate' means, with
respect to a State and a fiscal year, the percentage determined by
dividing--
``(A) the number of pre-adolescent child adoptions and pre-
adolescent foster child guardianships finalized in the State
during the fiscal year; by
``(B) the number of children in foster care under the
supervision of the State on the last day of the preceding
fiscal year, who have attained 9 years of age but not 14 years
of age.
``(5) Base rate of pre-adolescent child adoptions and pre-
adolescent foster child guardianships.--The term `base rate of pre-
adolescent child adoptions and pre-adolescent foster child
guardianships' means, with respect to a State and a fiscal year,
the lesser of--
``(A) the pre-adolescent child adoption and pre-adolescent
foster child guardianship rate for the State for the then
immediately preceding fiscal year; or
``(B) the pre-adolescent child adoption and pre-adolescent
foster child guardianship rate for the State for the average of
the then immediately preceding 3 fiscal years.
``(6) Pre-adolescent child adoption and pre-adolescent foster
child guardianship.--The term `pre-adolescent child adoption and
pre-adolescent foster child guardianship' means the final adoption,
or the placement into foster child guardianship (as defined in
paragraph (12)) of a child who has attained 9 years of age but not
14 years of age if--
``(A) at the time of the adoptive or foster child
guardianship placement, the child was in foster care under the
supervision of the State; or
``(B) an adoption assistance agreement was in effect under
section 473(a) with respect to the child.
``(7) Older child adoption and older foster child guardianship
rate.--The term `older child adoption and older foster child
guardianship rate' means, with respect to a State and a fiscal
year, the percentage determined by dividing--
``(A) the number of older child adoptions and older foster
child guardianships finalized in the State during the fiscal
year; by
``(B) the number of children in foster care under the
supervision of the State on the last day of the preceding
fiscal year, who have attained 14 years of age.
``(8) Base rate of older child adoptions and older foster child
guardianships.--The term `base rate of older child adoptions and
older foster child guardianships' means, with respect to a State
and a fiscal year, the lesser of--
``(A) the older child adoption and older foster child
guardianship rate for the State for the then immediately
preceding fiscal year; or
``(B) the older child adoption and older foster child
guardianship rate for the State for the average of the then
immediately preceding 3 fiscal years.
``(9) Older child adoption and older foster child
guardianship.--The term `older child adoption and older foster
child guardianship' means the final adoption, or the placement into
foster child guardianship (as defined in paragraph (12)) of a child
who has attained 14 years of age if--
``(A) at the time of the adoptive or foster child
guardianship placement, the child was in foster care under the
supervision of the State; or
``(B) an adoption assistance agreement was in effect under
section 473(a) with respect to the child.
``(10) Foster child guardianship rate.--The term `foster child
guardianship rate' means, with respect to a State and a fiscal
year, the percentage determined by dividing--
``(A) the number of foster child guardianships occurring in
the State during the fiscal year; by
``(B) the number of children in foster care under the
supervision of the State on the last day of the preceding
fiscal year.
``(11) Base rate of foster child guardianships.--The term `base
rate of foster child guardianships' means, with respect to a State
and a fiscal year, the lesser of--
``(A) the foster child guardianship rate for the State for
the then immediately preceding fiscal year; or
``(B) the foster child guardianship rate for the State for
the average of the then immediately preceding 3 fiscal years.
``(12) Foster child guardianship.--The term `foster child
guardianship' means, with respect to a State, the exit of a child
from foster care under the responsibility of the State to live with
a legal guardian, if the State has reported to the Secretary--
``(A) that the State agency has determined that--
``(i) the child has been removed from his or her home
pursuant to a voluntary placement agreement or as a result
of a judicial determination to the effect that continuation
in the home would be contrary to the welfare of the child;
``(ii) being returned home or adopted are not
appropriate permanency options for the child;
``(iii) the child demonstrates a strong attachment to
the prospective legal guardian, and the prospective legal
guardian has a strong commitment to caring permanently for
the child; and
``(iv) if the child has attained 14 years of age, the
child has been consulted regarding the legal guardianship
arrangement; or
``(B) the alternative procedures used by the State to
determine that legal guardianship is the appropriate option for
the child.''.

d2f6b287803103bbbdb042e3a99d5fcf59bd388b7fe8ff7d857b904b87eb1a24

(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''.

6652ec7a0d80b62c87123059af96649e5ff31d9ec2e739a8eee2c8353300297e

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.

0649a5614b6d52e493d0b4cff8c87bbc4ca14b9e9b79f3133230af81193dc47c

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''.

83803c08b9006e61f2eca26544e8e8ac99bec79431b2c51f7e88bf29ab8c859f

FROM THE PHASE-OUT OF ELIGIBILITY REQUIREMENTS FOR ADOPTION
ASSISTANCE; REQUIREMENT TO SPEND 30 PERCENT OF SAVINGS ON CERTAIN
SERVICES.
Section 473(a)(8) (42 U.S.C. 673(a)(8)) is amended to read as
follows:
``(8)(A) A State shall calculate the savings (if any) resulting
from the application of paragraph (2)(A)(ii) to all applicable children
for a fiscal year, using a methodology specified by the Secretary or an
alternate methodology proposed by the State and approved by the
Secretary.
``(B) A State shall annually report to the Secretary--
``(i) the methodology used to make the calculation described in
subparagraph (A), without regard to whether any savings are found;
``(ii) the amount of any savings referred to in subparagraph
(A); and
``(iii) how any such savings are spent, accounting for and
reporting the spending separately from any other spending reported
to the Secretary under part B or this part.
``(C) The Secretary shall make all information reported pursuant to
subparagraph (B) available on the website of the Department of Health
and Human Services in a location easily accessible to the public.
``(D)(i) A State shall spend an amount equal to the amount of the
savings (if any) in State expenditures under this part resulting from
the application of paragraph (2)(A)(ii) to all applicable children for
a fiscal year, to provide to children of families any service that may
be provided under part B or this part. A State shall spend not less
than 30 percent of any such savings on post-adoption services, post-
guardianship services, and services to support and sustain positive
permanent outcomes for children who otherwise might enter into foster
care under the responsibility of the State, with at least \2/3\ of the
spending by the State to comply with such 30 percent requirement being
spent on post-adoption and post-guardianship services.
``(ii) Any State spending required under clause (i) shall be used
to supplement, and not supplant, any Federal or non-Federal funds used
to provide any service under part B or this part.''.

deb263739290b08626922c901d78681834778ad265839f98beb6e36e62028bdd

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).''.

6cfb32c127e0c3c28caa985eb97bc4b321f135ea290d3770bcd586cc7ab55c0e

DISRUPTION AND DISSOLUTION.
Section 479 (42 U.S.C. 679) is amended by adding at the end the
following:
``(d) To promote improved knowledge on how best to ensure strong,
permanent families for children, the Secretary shall promulgate
regulations providing for the collection and analysis of information
regarding children who enter into foster care under the supervision of
a State after prior finalization of an adoption or legal guardianship.
The regulations shall require each State with a State plan approved
under this part to collect and report as part of such data collection
system the number of children who enter foster care under supervision
of the State after finalization of an adoption or legal guardianship
and may include information concerning the length of the prior adoption
or guardianship, the age of the child at the time of the prior adoption
or guardianship, the age at which the child subsequently entered foster
care under supervision of the State, the type of agency involved in
making the prior adoptive or guardianship placement, and any other
factors determined necessary to better understand factors associated
with the child's post-adoption or post-guardianship entry to foster
care.''.

b9b1925bea3017e6a5d522b4160cc7e921950d16a57a7e890c292293142317b8

SIBLINGS.
(a) State Plan Amendment.--
(1) Notification of parents of siblings.--Section 471(a)(29)
(42 U.S.C. 671(a)(29)) is amended by striking ``all adult
grandparents'' and inserting ``the following relatives: all adult
grandparents, all parents of a sibling of the child, where such
parent has legal custody of such sibling,''.
(2) Sibling defined.--Section 475 (42 U.S.C. 675), as amended
by sections 101(b) and 111(a)(1) of this Act, is amended by adding
at the end the following:
``(12) The term `sibling' means an individual who satisfies at
least one of the following conditions with respect to a child:
``(A) The individual is considered by State law to be a
sibling of the child.
``(B) The individual would have been considered a sibling
of the child under State law but for a termination or other
disruption of parental rights, such as the death of a
parent.''.
(b) Rule of Construction.--Nothing in this section shall be
construed as subordinating the rights of foster or adoptive parents of
a child to the rights of the parents of a sibling of that child.

74afd8d31b5e79986d4a95db5b45562c8c0781a7d7786e875f2520605189c6a8

(a) In General.--Except as otherwise provided in this section, the
amendments made by this subtitle shall take effect as if enacted on
October 1, 2013.
(b) Restructuring and Renaming of Program.--
(1) In general.--The amendments made by sections 202 and 203
shall take effect on October 1, 2014, subject to paragraph (2).
(2) Transition rule.--
(A) In general.--Notwithstanding any other provision of
law, the total amount payable to a State under section 473A of
the Social Security Act for fiscal year 2014 shall be an amount
equal to \1/2\ of the sum of--
(i) the total amount that would be payable to the State
under such section for fiscal year 2014 if the amendments
made by section 202 of this Act had not taken effect; and
(ii) the total amount that would be payable to the
State under such section for fiscal year 2014 in the
absence of this paragraph.
(B) Pro rata adjustment if insufficient funds available.--
If the total amount otherwise payable under subparagraph (A)
for fiscal year 2014 exceeds the amount appropriated pursuant
to section 473A(h) of the Social Security Act (42 U.S.C.
673b(h)) for that fiscal year, the amount payable to each State
under subparagraph (A) for fiscal year 2014 shall be--
(i) the amount that would otherwise be payable to the
State under subparagraph (A) for fiscal year 2014;
multiplied by
(ii) the percentage represented by the amount so
appropriated for fiscal year 2014, divided by the total
amount otherwise payable under subparagraph (A) to all
States for that fiscal year.
(c) Use of Incentive Payments; Eligibility for Kinship Guardianship
Assistance Payments With a Successor Guardian; Data Collection.--The
amendments made by sections 204, 207, and 208 shall take effect on the
date of enactment of this Act.
(d) Calculation and Use of Savings Resulting From the Phase-Out of
Eligibility Requirements for Adoption Assistance.--The amendment made
by section 206 shall take effect on October 1, 2014.
(e) Notification of Parents of Siblings.--
(1) In general.--The amendments made by section 209 shall take
effect on the date of enactment of this Act, subject to paragraph
(2).
(2) Delay permitted if state legislation required.--In the case
of a State plan approved under part E of title IV of the Social
Security Act which the Secretary of Health and Human Services
determines requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the additional
requirements imposed by section 209, the State plan shall not be
regarded as failing to comply with the requirements of such part
solely on the basis of the failure of the plan to meet such
additional requirements before the 1st day of the 1st calendar
quarter beginning after the close of the 1st regular session of the
State legislature that ends after the 1-year period beginning with
the date of enactment of this Act. For purposes of the preceding
sentence, in the case of a State that has a 2-year legislative
session, each year of the session is deemed to be a separate
regular session of the State legislature.
Subtitle B--Extending the Family Connection Grant Program

7ff46d3f67862803752593de9275e50af91d68713f6cf271cc1a1018df4ea4fa

(a) In General.--Section 427(h) (42 U.S.C. 627(h)) is amended by
striking ``2013'' and inserting ``2014''.
(b) Eligibility of Universities for Matching Grants.--Section
427(a) (42 U.S.C. 627(a)) is amended, in the matter preceding paragraph
(1)--
(1) by striking ``and'' before ``private''; and
(2) by inserting ``and institutions of higher education (as
defined under section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)),'' after ``arrangements,''.
(c) Finding Families for Foster Children Who Are Parents.--Section
427(a)(1)(E) (42 U.S.C. 627(a)(1)(E)) is amended by inserting ``and
other individuals who are willing and able to be foster parents for
children in foster care under the responsibility of the State who are
themselves parents'' after ``kinship care families''.
(d) Reservation of Funds.--Section 427(g) (42 U.S.C. 627(g)) is
amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2) and (3) as paragraphs (1)
and (2), respectively.
(e) Effective Date.--The amendments made by this section shall take
effect as if enacted on October 1, 2013.

e73bd4ae3ebbae945dd935d900122b0a9cfb7d08fcf6f5ebb5fb4295bf2d51f5

INTERNATIONAL CHILD SUPPORT CASES.
(a) Authority of the Secretary of HHS To Ensure Compliance With
Multilateral Child Support Conventions.--
(1) In general.--Section 452 (42 U.S.C. 652) is amended--
(A) by redesignating the second subsection (l) (as added by
section 7306 of the Deficit Reduction Act of 2005) as
subsection (m); and
(B) by adding at the end the following:
``(n) The Secretary shall use the authorities otherwise provided by
law to ensure the compliance of the United States with any multilateral
child support convention to which the United States is a party.''.
(2) Conforming amendment.--Section 453(k)(3) (42 U.S.C.
653(k)(3)) is amended by striking ``452(l)'' and inserting
``452(m)''.
(b) Access to the Federal Parent Locator Service.--Section 453(c)
(42 U.S.C. 653(c)) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) an entity designated as a Central Authority for child
support enforcement in a foreign reciprocating country or a foreign
treaty country for purposes specified in section 459A(c)(2).''.
(c) State Option To Require Individuals in Foreign Countries To
Apply Through Their Country's Appropriate Central Authority.--Section
454 (42 U.S.C. 654) is amended--
(1) in paragraph (4)(A)(ii), by inserting before the semicolon
``(except that, if the individual applying for the services resides
in a foreign reciprocating country or foreign treaty country, the
State may opt to require the individual to request the services
through the Central Authority for child support enforcement in the
foreign reciprocating country or the foreign treaty country, and if
the individual resides in a foreign country that is not a foreign
reciprocating country or a foreign treaty country, a State may
accept or reject the application)''; and
(2) in paragraph (32)--
(A) in subparagraph (A), by inserting ``, a foreign treaty
country,'' after ``a foreign reciprocating country''; and
(B) in subparagraph (C), by striking ``or foreign obligee''
and inserting ``, foreign treaty country, or foreign
individual''.
(d) Amendments to International Support Enforcement Provisions.--
Section 459A (42 U.S.C. 659a) is amended--
(1) by adding at the end the following:
``(e) References.--In this part:
``(1) Foreign reciprocating country.--The term `foreign
reciprocating country' means a foreign country (or political
subdivision thereof) with respect to which the Secretary has made a
declaration pursuant to subsection (a).
``(2) Foreign treaty country.--The term `foreign treaty
country' means a foreign country for which the 2007 Family
Maintenance Convention is in force.
``(3) 2007 family maintenance convention.--The term `2007
Family Maintenance Convention' means the Hague Convention of 23
November 2007 on the International Recovery of Child Support and
Other Forms of Family Maintenance.'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by striking
``foreign countries that are the subject of a declaration under
this section'' and inserting ``foreign reciprocating countries
or foreign treaty countries''; and
(B) in paragraph (2), by inserting ``and foreign treaty
countries'' after ``foreign reciprocating countries''; and
(3) in subsection (d), by striking ``the subject of a
declaration pursuant to subsection (a)'' and inserting ``foreign
reciprocating countries or foreign treaty countries''.
(e) Collection of Past-Due Support From Federal Tax Refunds.--
Section 464(a)(2)(A) (42 U.S.C. 664(a)(2)(A)) is amended by striking
``under section 454(4)(A)(ii)'' and inserting ``under paragraph
(4)(A)(ii) or (32) of section 454''.
(f) State Law Requirement Concerning the Uniform Interstate Family
Support Act (UIFSA).--
(1) In general.--Section 466(f) (42 U.S.C. 666(f)) is amended--
(A) by striking ``on and after January 1, 1998,'';
(B) by striking ``and as in effect on August 22, 1996,'';
and
(C) by striking ``adopted as of such date'' and inserting
``adopted as of September 30, 2008''.
(2) Conforming amendments to title 28, united states code.--
Section 1738B of title 28, United States Code, is amended--
(A) in subsection (d), by striking ``individual
contestant'' and inserting ``individual contestant or the
parties have consented in a record or open court that the
tribunal of the State may continue to exercise jurisdiction to
modify its order,'';
(B) in subsection (e)(2)(A), by striking ``individual
contestant'' and inserting ``individual contestant and the
parties have not consented in a record or open court that the
tribunal of the other State may continue to exercise
jurisdiction to modify its order''; and
(C) in subsection (b)--
(i) by striking ```child' means'' and inserting ``(1)
The term `child' means'';
(ii) by striking ```child's State' means'' and
inserting ``(2) The term `child's State' means'';
(iii) by striking ```child's home State' means'' and
inserting ``(3) The term `child's home State' means'';
(iv) by striking ```child support' means'' and
inserting ``(4) The term `child support' means'';
(v) by striking ```child support order''' and inserting
``(5) The term `child support order''';
(vi) by striking ```contestant' means'' and inserting
``(6) The term `contestant' means'';
(vii) by striking ```court' means'' and inserting ``(7)
The term `court' means'';
(viii) by striking ```modification' means'' and
inserting ``(8) The term `modification' means''; and
(ix) by striking ```State' means'' and inserting ``(9)
The term `State' means''.
(3) Effective date; grace period for state law changes.--
(A) Paragraph (1).--(i) The amendments made by paragraph
(1) shall take effect with respect to a State no later than the
effective date of laws enacted by the legislature of the State
implementing such paragraph, but in no event later than the
first day of the first calendar quarter beginning after the
close of the first regular session of the State legislature
that begins after the date of the enactment of this Act.
(ii) For purposes of clause (i), in the case of a State
that has a 2-year legislative session, each year of the session
shall be deemed to be a separate regular session of the State
legislature.
(B) Paragraph (2).--(i) The amendments made by
subparagraphs (A) and (B) of paragraph (2) shall take effect on
the date on which the Hague Convention of 23 November 2007 on
the International Recovery of Child Support and Other Forms of
Family Maintenance enters into force for the United States.
(ii) The amendments made by subparagraph (C) of paragraph
(2) shall take effect on the date of the enactment of this Act.

be6cf35e51d79e3b53ab59329c7e72d95db8b3d25d8d96cecc749f7d91df050c

(a) Tribal Access to the Federal Parent Locator Service.--Section
453(c)(1) (42 U.S.C. 653(c)(1)) is amended by inserting ``or Indian
tribe or tribal organization (as defined in subsections (e) and (l) of
section 4 of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b)),'' after ``any State''.
(b) Waiver Authority for Indian Tribes or Tribal Organizations
Operating Child Support Enforcement Programs.--Section 1115(b) (42
U.S.C. 1315(b)) is amended--
(1) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and realigning the
left margin of subparagraph (C) so as to align with subparagraphs
(A) and (B) (as so redesignated);
(2) by inserting ``(1)'' after ``(b)''; and
(3) by adding at the end the following:
``(2) An Indian tribe or tribal organization operating a program
under section 455(f) shall be considered a State for purposes of
authority to conduct an experimental, pilot, or demonstration project
under subsection (a) to assist in promoting the objectives of part D of
title IV and receiving payments under the second sentence of that
subsection. The Secretary may waive compliance with any requirements of
section 455(f) or regulations promulgated under that section to the
extent and for the period the Secretary finds necessary for an Indian
tribe or tribal organization to carry out such project. Costs of the
project which would not otherwise be included as expenditures of a
program operating under section 455(f) and which are not included as
part of the costs of projects under section 1110, shall, to the extent
and for the period prescribed by the Secretary, be regarded as
expenditures under a tribal plan or plans approved under such section,
or for the administration of such tribal plan or plans, as may be
appropriate. An Indian tribe or tribal organization applying for or
receiving start-up program development funding pursuant to section
309.16 of title 45, Code of Federal Regulations, shall not be
considered to be an Indian tribe or tribal organization operating a
program under section 455(f) for purposes of this paragraph.''.
(c) Conforming Amendments.--Section 453(f) (42 U.S.C. 653(f)) is
amended by inserting ``and tribal'' after ``State'' each place it
appears.

2150726218d3e93498fb5458ac111978a27e89020782b6bbfa546e475b8b5453

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.

bdf180df30fc3cf0619798205c453fc3b841c9bdd9808efffcba9d7c91b77e97

INTEROPERABILITY.
(a) In General.--Section 452 (42 U.S.C. 652), as amended by section
301(a)(1) of this Act, is amended by adding at the end the following:
``(o) Data Exchange Standards for Improved Interoperability.--
``(1) Designation.--The Secretary shall, in consultation with
an interagency work group established by the Office of Management
and Budget and considering State government perspectives, by rule,
designate data exchange standards to govern, under this part--
``(A) necessary categories of information that State
agencies operating programs under State plans approved under
this part are required under applicable Federal law to
electronically exchange with another State agency; and
``(B) Federal reporting and data exchange required under
applicable Federal law.
``(2) Requirements.--The data exchange standards required by
paragraph (1) shall, to the extent practicable--
``(A) incorporate a widely accepted, non-proprietary,
searchable, computer-readable format, such as the eXtensible
Markup Language;
``(B) contain interoperable standards developed and
maintained by intergovernmental partnerships, such as the
National Information Exchange Model;
``(C) incorporate interoperable standards developed and
maintained by Federal entities with authority over contracting
and financial assistance;
``(D) be consistent with and implement applicable
accounting principles;
``(E) be implemented in a manner that is cost-effective and
improves program efficiency and effectiveness; and
``(F) be capable of being continually upgraded as
necessary.
``(3) Rule of construction.--Nothing in this subsection shall
be construed to require a change to existing data exchange
standards found to be effective and efficient.''.
(b) Effective Date.--The Secretary of Health and Human Services
shall issue a proposed rule within 24 months after the date of the
enactment of this section. The rule shall identify federally required
data exchanges, include specification and timing of exchanges to be
standardized, and address the factors used in determining whether and
when to standardize data exchanges. It should also specify State
implementation options and describe future milestones.

6bcc496cc3b5f118e322ad02251d103fe7f0a41249a4847a502b94c53e094050

The Secretary of Health and Human Services shall--
(1) in conjunction with the strategic plan, review and provide
recommendations for cost-effective improvements to the child
support enforcement program under part D of title IV of the Social
Security Act, and ensure that the plan addresses the effectiveness
and performance of the program, analyzes program practices,
identifies possible new collection tools and approaches, and
identifies strategies for holding parents accountable for
supporting their children and for building the capacity of parents
to pay child support, with specific attention given to matters
including front-end services, on-going case management,
collections, Tribal-State partnerships, interstate and
intergovernmental interactions, program performance, data
analytics, and information technology;
(2) in carrying out paragraph (1), consult with and include
input from--
(A) State, tribal, and county child support directors;
(B) judges who preside over family courts or other State or
local courts with responsibility for conducting or supervising
proceedings relating to child support enforcement, child
welfare, or social services for children and their families,
and organizations that represent the judges;
(C) custodial parents and organizations that represent
them;
(D) noncustodial parents and organizations that represent
them; and
(E) organizations that represent fiduciary entities that
are affected by child support enforcement policies; and
(3) in developing the report required by paragraph (4), solicit
public comment;
(4) not later than June 30, 2015, submit to the Congress a
report that sets forth policy options for improvements in child
support enforcement, which report shall include the following:
(A) A review of the effectiveness of State child support
enforcement programs, and the collection practices employed by
State agencies administering programs under such part, and an
analysis of the extent to which the practices result in
unintended consequences or performance issues associated with
the programs and practices.
(B) Recommendations for methods to enhance the
effectiveness of child support enforcement programs and
collection practices.
(C) A review of State best practices in regards to
establishing and operating State and multistate lien
registries.
(D) A compilation of State recovery and distribution
policies.
(E) Options, with analysis, for methods to engage
noncustodial parents in the lives of their children through
consideration of parental time and visitation with children.
(F) An analysis of the role of alternative dispute
resolution in making child support determinations.
(G) Identification of best practices for--
(i) determining which services and support programs
available to custodial and noncustodial parents are non-
duplicative, evidence-based, and produce quality outcomes,
and connecting custodial and noncustodial parents to those
services and support programs;
(ii) providing employment support, job training, and
job placement for custodial and noncustodial parents; and
(iii) establishing services, supports, and child
support payment tracking for noncustodial parents,
including options for the prevention of, and intervention
on, uncollectible arrearages, such as retroactive
obligations.
(H) Options, with analysis, for methods for States to use
to collect child support payments from individuals who owe
excessive arrearages as determined under section 454(31) of
such Act.
(I) A review of State practices under 454(31) of such Act
used to determine which individuals are excluded from the
requirements of section 452(k) of such Act, including the
extent to which individuals are able to successfully contest or
appeal decisions.
(J) Options, with analysis, for actions as are determined
to be appropriate for improvement in child support enforcement.

b70cc0426fa1f8c0b8a3ade5c72cec7c4e2f2618e64415aba4c4d057c0f7bf75

(a) In General.--Section 454A(g)(1) (42 U.S.C. 654a(g)(1)(A)) is
amended--
(1) by striking ``, to the maximum extent feasible,''; and
(2) in subparagraph (A)--
(A) by striking ``and'' at the end of clause (i);
(B) by adding ``and'' at the end of clause (ii); and
(C) by adding at the end the following:
``(iii) at the option of the employer, using the
electronic transmission methods prescribed by the
Secretary;''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2015.

6ae02d0e56b8f525adf40253536da0681e21e0145e0ea8669056275c023730cd

The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

e129e189e8bdf217eba471035db72dc5275731d7cd148fdeb468c87ec94a6e28

Preventing Sex Trafficking and Strengthening Families Act — HR. 4980

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

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