H. R.

4980

One Hundred Thirteenth Congress

of the
United States of America
AT T H E S E C O N D S E S S I O N
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,
SECTION 1. SHORT TITLE.

This Act may be cited as the Preventing Sex Trafficking and

Strengthening Families Act.
SEC. 2. TABLE OF CONTENTS.

The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
TITLE IPROTECTING CHILDREN AND YOUTH AT RISK OF SEX
TRAFFICKING

Sec.
Sec.
Sec.
Sec.
Sec.

Subtitle AIdentifying and Protecting Children and Youth at Risk of Sex

Trafficking
101. Identifying, documenting, and determining services for children and
youth at risk of sex trafficking.
102. Reporting instances of sex trafficking.
103. Including sex trafficking data in the Adoption and Foster Care Analysis
and Reporting System.
104. Locating and responding to children who run away from foster care.
105. Increasing information on children in foster care to prevent sex trafficking.

Subtitle BImproving 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 drivers license or
equivalent State-issued identification card.
Sec. 115. Information on children in foster care in annual reports using AFCARS
data; consultation.
Subtitle CNational Advisory Committee
Sec. 121. Establishment of a national advisory committee on the sex trafficking of
children and youth in the United States.
TITLE IIIMPROVING ADOPTION INCENTIVES AND EXTENDING FAMILY
CONNECTION GRANTS
Subtitle AImproving Adoption Incentive Payments
Sec. 201. Extension of program through fiscal year 2016.

H. R. 49802
Sec.
Sec.
Sec.
Sec.

202.
203.
204.
205.

Sec. 206.
Sec. 207.
Sec. 208.
Sec. 209.
Sec. 210.

Improvements to award structure.

Renaming of program.
Limitation on use of incentive payments.
Increase in period for which incentive payments are available for expenditure.
State report on calculation and use of savings resulting from the phaseout of eligibility requirements for adoption assistance; requirement to
spend 30 percent of savings on certain services.
Preservation of eligibility for kinship guardianship assistance payments
with a successor guardian.
Data collection on adoption and legal guardianship disruption and dissolution.
Encouraging the placement of children in foster care with siblings.
Effective dates.

Subtitle BExtending the Family Connection Grant Program

Sec. 221. Extension of family connection grant program.
TITLE IIIIMPROVING 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 IVBUDGETARY 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 IPROTECTING CHILDREN AND

YOUTH AT RISK OF SEX TRAFFICKING
Subtitle AIdentifying and Protecting
Children and Youth at Risk of Sex Trafficking
SEC. 101. IDENTIFYING, DOCUMENTING, AND DETERMINING SERVICES
FOR CHILDREN AND YOUTH AT RISK OF SEX TRAFFICKING.

(a) IN GENERAL.Section 471(a)(9) (42 U.S.C. 671(a)(9)) is

amended
(1) in subparagraph (A), by striking and;
(2) in subparagraph (B), by inserting and after the semicolon; and
(3) by adding at the end the following:
(C) not later than
(i) 1 year after the date of enactment of this
subparagraph, demonstrate to the Secretary that the
State agency has developed, in consultation with State
and local law enforcement, juvenile justice systems,
health care providers, education agencies, and
organizations with experience in dealing with at-risk

H. R. 49803
children and youth, policies and procedures (including
relevant training for caseworkers) for identifying, documenting in agency records, and determining appropriate services with respect to
(I) any child or youth over whom the State
agency has responsibility for placement, care, or
supervision and who the State has reasonable
cause to believe is, or is at risk of being, a sex
trafficking victim (including children for whom a
State child welfare agency has an open case file
but who have not been removed from the home,
children who have run away from foster care and
who have not attained 18 years of age or such
older age as the State has elected under section
475(8) of this Act, and youth who are not in foster
care but are receiving services under section 477
of this Act); and
(II) at the option of the State, any individual
who has not attained 26 years of age, without
regard to whether the individual is or was in foster
care under the responsibility of the State; and
(ii) 2 years after such date of enactment, demonstrate to the Secretary that the State agency is
implementing the policies and procedures referred to
in clause (i)..
(b) DEFINITION OF SEX TRAFFICKING VICTIM.Section 475 (42
U.S.C. 675) is amended by adding at the end the following:
(9) The term sex trafficking victim means a victim of
(A) sex trafficking (as defined in section 103(10) of
the Trafficking Victims Protection Act of 2000); or
(B) a severe form of trafficking in persons described
in section 103(9)(A) of such Act..
SEC. 102. REPORTING INSTANCES OF SEX TRAFFICKING.

(a) STATE PLAN REQUIREMENTS.Section 471(a) (42 U.S.C.

671(a)) is amended
(1) by striking and at the end of paragraph (32);
(2) by striking the period at the end of paragraph (33)
and inserting a semicolon; and
(3) by adding at the end the following:
(34) provides that, for each child or youth described in
paragraph (9)(C)(i)(I), the State agency shall
(A) not later than 2 years after the date of the enactment of this paragraph, report immediately, and in no
case later than 24 hours after receiving information on
children or youth who have been identified as being a
sex trafficking victim, to the law enforcement authorities;
and
(B) not later than 3 years after such date of enactment
and annually thereafter, report to the Secretary the total
number of children and youth who are sex trafficking victims..
(b) DUTIES OF THE SECRETARY.Section 471 (42 U.S.C. 671)
is amended by adding at the end the following:
(d) ANNUAL REPORTS BY THE SECRETARY ON NUMBER OF CHILDREN AND YOUTH REPORTED BY STATES TO BE SEX TRAFFICKING
VICTIMS.Not later than 4 years after the date of the enactment

H. R. 49804
of this subsection and annually thereafter, the Secretary shall report
to the Congress and make available to the public on the Internet
website of the Department of Health and Human Services the
number of children and youth reported in accordance with subsection (a)(34)(B) of this section to be sex trafficking victims (as
defined in section 475(9)(A))..
SEC. 103. INCLUDING SEX TRAFFICKING DATA IN THE ADOPTION AND
FOSTER CARE ANALYSIS AND REPORTING SYSTEM.

Section 479(c)(3) (42 U.S.C. 679(c)(3)) is amended

(1) in subparagraph (C)(iii), by striking and after the
comma; and
(2) by adding at the end the following:
(E) the annual number of children in foster care who
are identified as sex trafficking victims
(i) who were such victims before entering foster
care; and
(ii) who were such victims while in foster care;
and.
SEC. 104. LOCATING AND RESPONDING TO CHILDREN WHO RUN AWAY
FROM FOSTER CARE.

Section 471(a) (42 U.S.C. 671(a)), as amended by section 102(a)

of this Act, is amended
(1) by striking the period at the end of paragraph (34)
and inserting ; and; and
(2) by adding at the end the following:
(35) provides that
(A) not later than 1 year after the date of the enactment of this paragraph, the State shall develop and implement specific protocols for
(i) expeditiously locating any child missing from
foster care;
(ii) determining the primary factors that contributed to the childs 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 childs 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..

H. R. 49805
SEC. 105. INCREASING INFORMATION ON CHILDREN IN FOSTER CARE
TO PREVENT SEX TRAFFICKING.

Not later than 2 years after the date of the enactment of

this Act, the Secretary of Health and Human Services shall submit
to the Congress a written report which summarizes the following:
(1) Information on children who run away from foster care
and their risk of becoming sex trafficking victims, using data
reported by States under section 479 of the Social Security
Act and information collected by States related to section
471(a)(35) of such Act, including
(A) characteristics of children who run away from foster
care;
(B) potential factors associated with children running
away from foster care (such as reason for entry into care,
length of stay in care, type of placement, and other factors
that contributed to the childs running away);
(C) information on childrens 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 BImproving 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

H. R. 49806
of maturity or that are determined to be developmentallyappropriate 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,

H. R. 49807
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 caseby-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

H. R. 49808
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

ARRANGEMENT AS A PERMANENCY OPTION.

LIVING

(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

H. R. 49809
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 childs 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 childs 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

H. R. 498010
(bb) by inserting subject to section
475A(a), after another planned permanent
living arrangement,.
(c) EFFECTIVE DATE.
(1) IN GENERAL.The amendments made by this section
shall take effect on the date that is 1 year after the date
of the enactment of this Act.
(2) DELAY PERMITTED IF STATE LEGISLATION REQUIRED.
If the Secretary of Health and Human Services determines
that State legislation (other than legislation appropriating
funds) is required in order for a State plan developed pursuant
to part E of title IV of the Social Security Act to meet the
additional requirements imposed by the amendments made by
this section, the plan shall not be regarded as failing to meet
any of the additional requirements before the 1st day of the
1st calendar quarter beginning after the 1st regular session
of the State legislature that begins after the date of the enactment of this Act. If the State has a 2-year legislative session,
each year of the session is deemed to be a separate regular
session of the State legislature.
SEC. 113. EMPOWERING FOSTER CHILDREN AGE 14 AND OLDER IN
THE DEVELOPMENT OF THEIR OWN CASE PLAN AND
TRANSITION PLANNING FOR A SUCCESSFUL ADULTHOOD.

(a) IN GENERAL.Section 475(1)(B) (42 U.S.C. 675(1)(B)) is

amended by adding at the end the following: With respect to
a child who has attained 14 years of age, the plan developed
for the child in accordance with this paragraph, and any revision
or addition to the plan, shall be developed in consultation with
the child and, at the option of the child, with up to 2 members
of the case planning team who are chosen by the child and who
are not a foster parent of, or caseworker for, the child. A State
may reject an individual selected by a child to be a member of
the case planning team at any time if the State has good cause
to believe that the individual would not act in the best interests
of the child. One individual selected by a child to be a member
of the childs case planning team may be designated to be the
childs 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

H. R. 498011
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 childs 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

H. R. 498012
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 DRIVERS 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 childs medical
records, and a drivers license or identification card issued
by a State in accordance with the requirements of section
202 of the REAL ID Act of 2005 before the period.
(b) EFFECTIVE DATE.
(1) IN GENERAL.The amendments made by this section
shall take effect 1 year after the date of enactment of this
Act.
(2) DELAY PERMITTED IF STATE LEGISLATION REQUIRED.
If the Secretary of Health and Human Services determines
that State legislation (other than legislation appropriating
funds) is required in order for a State plan developed pursuant
to part E of title IV of the Social Security Act to meet the
additional requirements imposed by the amendments made by
this section, the plan shall not be regarded as failing to meet
any of the additional requirements before the 1st day of the
1st calendar quarter beginning after the 1st regular session
of the State legislature that begins after the date of the enactment of this Act. If the State has a 2-year legislative session,
each year of the session is deemed to be a separate regular
session of the State legislature.
SEC. 115. INFORMATION ON CHILDREN IN FOSTER CARE IN ANNUAL
REPORTS USING AFCARS DATA; CONSULTATION.

Section 479A (42 U.S.C. 679b) is amended

(1) by striking The Secretary and inserting the following:
(a) IN GENERAL.The Secretary;
(2) in paragraph (5), by striking and after the semicolon;
(3) in paragraph (6)(C), by striking the period at the end
and inserting ; and; and
(4) by adding at the end the following:
(7) include in the report submitted pursuant to paragraph
(5) for fiscal year 2016 or any succeeding fiscal year, Stateby-State data on

H. R. 498013
(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 CNational Advisory Committee

SEC. 121. ESTABLISHMENT OF A NATIONAL ADVISORY COMMITTEE
ON THE SEX TRAFFICKING OF CHILDREN AND YOUTH IN
THE UNITED STATES.

Title XI (42 U.S.C. 1301 et seq.) is amended by inserting

after section 1114 the following:
NATIONAL

ADVISORY COMMITTEE ON THE SEX TRAFFICKING OF

CHIILDREN AND YOUTH IN THE UNITED STATES

SEC. 1114A. (a) OFFICIAL DESIGNATION.This section relates

to the National Advisory Committee on the Sex Trafficking of
Children and Youth in the United States (in this section referred
to as the Committee).
(b) AUTHORITY.Not later than 2 years after the date of enactment of this section, the Secretary shall establish and appoint
all members of the Committee.
(c) MEMBERSHIP.
(1) COMPOSITION.The Committee shall be composed of
not more than 21 members whose diverse experience and background enable them to provide balanced points of view with
regard to carrying out the duties of the Committee.

H. R. 498014
(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 Nations 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-

H. R. 498015
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 userfriendly, 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

H. R. 498016
in advance that the Committee will be evaluating the
extent to which States adopt the Committees 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 Stateby-State implementation of the Secretarys 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.

H. R. 498017
7102(10)) and severe form of trafficking in persons described in
section 103(9)(A) of such Act..

TITLE IIIMPROVING ADOPTION INCENTIVES AND EXTENDING FAMILY

CONNECTION GRANTS
Subtitle AImproving 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

H. R. 498018
(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

H. R. 498019
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

H. R. 498020
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

H. R. 498021
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:

H. R. 498022
(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 23 of the spending by the State to
comply with such 30 percent requirement being spent on postadoption 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:

H. R. 498023
(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 childs post-adoption or post-guardianship entry to foster care..
SEC. 209. ENCOURAGING THE PLACEMENT OF CHILDREN IN FOSTER
CARE WITH SIBLINGS.

(a) STATE PLAN AMENDMENT.

(1) NOTIFICATION OF PARENTS OF SIBLINGS.Section
471(a)(29) (42 U.S.C. 671(a)(29)) is amended by striking all
adult grandparents and inserting the following relatives: all
adult grandparents, all parents of a sibling of the child, where
such parent has legal custody of such sibling,.
(2) SIBLING DEFINED.Section 475 (42 U.S.C. 675), as
amended by sections 101(b) and 111(a)(1) of this Act, is
amended by adding at the end the following:
(12) The term sibling means an individual who satisfies
at least one of the following conditions with respect to a child:
(A) The individual is considered by State law to be
a sibling of the child.
(B) The individual would have been considered a sibling of the child under State law but for a termination
or other disruption of parental rights, such as the death
of a parent..
(b) RULE OF CONSTRUCTION.Nothing in this section shall be
construed as subordinating the rights of foster or adoptive parents
of a child to the rights of the parents of a sibling of that child.
SEC. 210. EFFECTIVE DATES.

(a) IN GENERAL.Except as otherwise provided in this section,

the amendments made by this subtitle shall take effect as if enacted
on October 1, 2013.
(b) RESTRUCTURING AND RENAMING OF PROGRAM.
(1) IN GENERAL.The amendments made by sections 202
and 203 shall take effect on October 1, 2014, subject to paragraph (2).
(2) TRANSITION RULE.
(A) IN GENERAL.Notwithstanding any other provision
of law, the total amount payable to a State under section
473A of the Social Security Act for fiscal year 2014 shall
be an amount equal to 12 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

H. R. 498024
(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 BExtending 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)

H. R. 498025
(1) by striking and before private; and
(2) by inserting and institutions of higher education (as
defined under section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001)), after arrangements,.
(c) FINDING FAMILIES FOR FOSTER CHILDREN WHO ARE PARENTS.Section 427(a)(1)(E) (42 U.S.C. 627(a)(1)(E)) is amended by
inserting and other individuals who are willing and able to be
foster parents for children in foster care under the responsibility
of the State who are themselves parents after kinship care families.
(d) RESERVATION OF FUNDS.Section 427(g) (42 U.S.C. 627(g))
is amended
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively.
(e) EFFECTIVE DATE.The amendments made by this section
shall take effect as if enacted on October 1, 2013.

TITLE IIIIMPROVING 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 COMPLIWITH 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 COUNTRYS 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
ANCE

H. R. 498026
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

H. R. 498027
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 childs State means and inserting
(2) The term childs State means;
(iii) by striking childs home State means and
inserting (3) The term childs home State means;
(iv) by striking child support means and
inserting (4) The term child support means;
(v) by striking child support order and inserting
(5) The term child support order ;
(vi) by striking contestant means and inserting
(6) The term contestant means;
(vii) by striking court means and inserting (7)
The term court means;
(viii) by striking modification means and
inserting (8) The term modification means; and
(ix) by striking State means and inserting (9)
The term State means.
(3) EFFECTIVE DATE; GRACE PERIOD FOR STATE LAW
CHANGES.
(A) PARAGRAPH (1).(i) The amendments made by paragraph (1) shall take effect with respect to a State no later
than the effective date of laws enacted by the legislature
of the State implementing such paragraph, but in no event
later than the first day of the first calendar quarter beginning after the close of the first regular session of the
State legislature that begins after the date of the enactment
of this Act.
(ii) For purposes of clause (i), in the case of a State
that has a 2-year legislative session, each year of the
session shall be deemed to be a separate regular session
of the State legislature.
(B) PARAGRAPH (2).(i) The amendments made by subparagraphs (A) and (B) of paragraph (2) shall take effect
on the date on which the Hague Convention of 23 November
2007 on the International Recovery of Child Support and
Other Forms of Family Maintenance enters into force for
the United States.
(ii) The amendments made by subparagraph (C) of
paragraph (2) shall take effect on the date of the enactment
of this Act.
SEC. 302. CHILD SUPPORT ENFORCEMENT PROGRAMS FOR INDIAN
TRIBES.

(a) TRIBAL ACCESS TO THE FEDERAL PARENT LOCATOR

SERVICE.Section 453(c)(1) (42 U.S.C. 653(c)(1)) is amended by
inserting or Indian tribe or tribal organization (as defined in subsections (e) and (l) of section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b)), after any State.
(b) WAIVER AUTHORITY FOR INDIAN TRIBES OR TRIBAL
ORGANIZATIONS OPERATING CHILD SUPPORT ENFORCEMENT PROGRAMS.Section 1115(b) (42 U.S.C. 1315(b)) is amended

H. R. 498028
(1) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and realigning the left
margin of subparagraph (C) so as to align with subparagraphs
(A) and (B) (as so redesignated);
(2) by inserting (1) after (b); and
(3) by adding at the end the following:
(2) An Indian tribe or tribal organization operating a program
under section 455(f) shall be considered a State for purposes of
authority to conduct an experimental, pilot, or demonstration project
under subsection (a) to assist in promoting the objectives of part
D of title IV and receiving payments under the second sentence
of that subsection. The Secretary may waive compliance with any
requirements of section 455(f) or regulations promulgated under
that section to the extent and for the period the Secretary finds
necessary for an Indian tribe or tribal organization to carry out
such project. Costs of the project which would not otherwise be
included as expenditures of a program operating under section
455(f) and which are not included as part of the costs of projects
under section 1110, shall, to the extent and for the period prescribed
by the Secretary, be regarded as expenditures under a tribal plan
or plans approved under such section, or for the administration
of such tribal plan or plans, as may be appropriate. An Indian
tribe or tribal organization applying for or receiving start-up program development funding pursuant to section 309.16 of title 45,
Code of Federal Regulations, shall not be considered to be an
Indian tribe or tribal organization operating a program under section 455(f) for purposes of this paragraph..
(c) CONFORMING AMENDMENTS.Section 453(f) (42 U.S.C.
653(f)) is amended by inserting and tribal after State each
place it appears.
SEC. 303. SENSE OF THE CONGRESS REGARDING OFFERING OF VOLUNTARY PARENTING TIME ARRANGEMENTS.

(a) FINDINGS.The Congress finds as follows:

(1) The separation of a child from a parent does not end
the financial or other responsibilities of the parent toward
the child.
(2) Increased parental access and visitation not only
improve parent-child relationships and outcomes for children,
but also have been demonstrated to result in improved child
support collections, which creates a double win for children
a more engaged parent and improved financial security.
(b) SENSE OF THE CONGRESS.It is the sense of the Congress
that
(1) establishing parenting time arrangements when
obtaining child support orders is an important goal which
should be accompanied by strong family violence safeguards;
and
(2) States should use existing funding sources to support
the establishment of parenting time arrangements, including
child support incentives, Access and Visitation Grants, and
Healthy Marriage Promotion and Responsible Fatherhood
Grants.

H. R. 498029
SEC. 304. DATA EXCHANGE STANDARDIZATION FOR IMPROVED INTEROPERABILITY.

(a) IN GENERAL.Section 452 (42 U.S.C. 652), as amended

by section 301(a)(1) of this Act, is amended by adding at the
end the following:
(o) DATA EXCHANGE STANDARDS FOR IMPROVED INTEROPERABILITY.
(1) DESIGNATION.The Secretary shall, in consultation
with an interagency work group established by the Office of
Management and Budget and considering State government
perspectives, by rule, designate data exchange standards to
govern, under this part
(A) necessary categories of information that State
agencies operating programs under State plans approved
under this part are required under applicable Federal law
to electronically exchange with another State agency; and
(B) Federal reporting and data exchange required
under applicable Federal law.
(2) REQUIREMENTS.The data exchange standards
required by paragraph (1) shall, to the extent practicable
(A) incorporate a widely accepted, non-proprietary,
searchable, computer-readable format, such as the eXtensible Markup Language;
(B) contain interoperable standards developed and
maintained by intergovernmental partnerships, such as the
National Information Exchange Model;
(C) incorporate interoperable standards developed and
maintained by Federal entities with authority over contracting and financial assistance;
(D) be consistent with and implement applicable
accounting principles;
(E) be implemented in a manner that is cost-effective
and improves program efficiency and effectiveness; and
(F) be capable of being continually upgraded as necessary.
(3) RULE OF CONSTRUCTION.Nothing in this subsection
shall be construed to require a change to existing data exchange
standards found to be effective and efficient..
(b) EFFECTIVE DATE.The Secretary of Health and Human
Services shall issue a proposed rule within 24 months after the
date of the enactment of this section. The rule shall identify federally required data exchanges, include specification and timing of
exchanges to be standardized, and address the factors used in
determining whether and when to standardize data exchanges.
It should also specify State implementation options and describe
future milestones.
SEC. 305. REPORT TO CONGRESS.

The Secretary of Health and Human Services shall

(1) in conjunction with the strategic plan, review and provide recommendations for cost-effective improvements to the
child support enforcement program under part D of title IV
of the Social Security Act, and ensure that the plan addresses
the effectiveness and performance of the program, analyzes
program practices, identifies possible new collection tools and
approaches, and identifies strategies for holding parents
accountable for supporting their children and for building the

H. R. 498030
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,

H. R. 498031
including options for the prevention of, and intervention on, uncollectible arrearages, such as retroactive
obligations.
(H) Options, with analysis, for methods for States to
use to collect child support payments from individuals who
owe excessive arrearages as determined under section
454(31) of such Act.
(I) A review of State practices under 454(31) of such
Act used to determine which individuals are excluded from
the requirements of section 452(k) of such Act, including
the extent to which individuals are able to successfully
contest or appeal decisions.
(J) Options, with analysis, for actions as are determined to be appropriate for improvement in child support
enforcement.
SEC. 306. REQUIRED ELECTRONIC PROCESSING OF INCOME WITHHOLDING.

(a) IN GENERAL.Section 454A(g)(1) (42 U.S.C. 654a(g)(1)(A))

is amended
(1) by striking , to the maximum extent feasible,; and
(2) in subparagraph (A)
(A) by striking and at the end of clause (i);
(B) by adding and at the end of clause (ii); and
(C) by adding at the end the following:
(iii) at the option of the employer, using the electronic transmission methods prescribed by the Secretary;.
(b) EFFECTIVE DATE.The amendments made by subsection
(a) shall take effect on October 1, 2015.

TITLE IVBUDGETARY 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

H. R. 498032
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.