II 

Calendar No. 279 

113TH CONGRESS 

1ST SESSION S. 1870 

To reauthorize and restructure adoption incentive payments, to better enable 

State child welfare agencies to prevent sex trafficking of children and 

serve the needs of children who are victims of sex trafficking, to increase 

the reliability of child support for children, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 19, 2013 

Mr. BAUCUS, from the Committee on Finance, reported the following original 

bill; which was read twice and placed on the calendar 

A BILL 

To reauthorize and restructure adoption incentive payments, 

to better enable State child welfare agencies to prevent 

sex trafficking of children and serve the needs of children 

who are victims of sex trafficking, to increase the reliability of child support for children, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Supporting At-Risk Children Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—STRENGTHENING AND FINDING FAMILIES FOR 

CHILDREN 

Sec. 101. Short title of title. 

Subtitle A—Adoption Incentive Payments 

Sec. 111. Extension of program through fiscal year 2016. 

Sec. 112. Improvements to award structure. 

Sec. 113. Renaming of program. 

Sec. 114. Limitations on use of incentive payments. 

Sec. 115. State report on calculation and use of savings resulting from the 

phase-out of eligibility requirements for adoption assistance; requirement to spend 40 percent of savings on certain services. 

Sec. 116. Preservation of eligibility for kinship guardianship assistance payments with a successor guardian. 

Sec. 117. Data collection on adoption and foster child guardianship disruption 

and dissolution. 

Sec. 118. Encouraging the placement of children in foster care with siblings. 

Sec. 119. Effective dates. 

Subtitle B—Extension of Family Connection Grant Program 

Sec. 121. Extension of family connection grant program. 

Subtitle C—Unemployment Compensation 

Sec. 131. Improving the collection of unemployment insurance overpayments 

through tax refund offset. 

TITLE II—IDENTIFYING AND SERVING YOUTH VULNERABLE TO 

SEX TRAFFICKING 

Sec. 201. Short title of title. 

Subtitle A—Addressing the Risks That Make Youth Vulnerable to Sex 

Trafficking and Other Negative Outcomes 

Sec. 211. Identifying and screening youth at risk of sex trafficking. 

Sec. 212. Improvements to another planned permanent living arrangement as 

a permanency option. 

Subtitle B—Empowering Older Youth Vulnerable to Domestic Sex Trafficking 

and Other Negative Outcomes 

Sec. 221. Empowering foster youth age 14 and older in the development of 

their own case plan and transition planning for a successful 

adulthood. 

Sec. 222. Ensuring foster youth have a birth certificate, Social Security card, 

driver’s license or equivalent State-issued identification card, 

and a bank account. 


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Subtitle C—Data and Reports 

Sec. 231. Streamline data collection and reporting on sex trafficking. 

Sec. 232. Recommendations to Congress for expanding housing for youth victims of trafficking. 

Subtitle D—National Advisory Committee on Domestic Sex Trafficking 

Sec. 241. National Advisory Committee on Domestic Sex Trafficking. 

TITLE III—CHILD SUPPORT ENFORCEMENT 

Sec. 301. Short title of title. 

Subtitle A—Increased Reliability of Child Support 

Sec. 311. Compliance with multilateral child support conventions. 

Sec. 312. Relief from passport sanctions for certain individuals. 

Sec. 313. Child support enforcement programs for Indian tribes. 

Sec. 314. Parenting time arrangements. 

Sec. 315. Efficient use of the National Directory of New Hires Database for 

federally sponsored research assessing the effectiveness of Federal policies and programs in achieving positive labor market 

outcomes. 

Subtitle B—Child Support Enforcement Task Force 

Sec. 321. Child Support Enforcement Task Force. 

Subtitle C—Effective Dates 

Sec. 331. Effective dates. 

TITLE IV—BUDGETARY EFFECTS 

Sec. 401. Determination of budgetary effects. 

1 TITLE I—STRENGTHENING AND 

2 FINDING FAMILIES FOR CHIL3 DREN 

4 SEC. 101. SHORT TITLE OF TITLE. 

5 This title may be cited as the ‘‘Strengthening And 

6 Finding Families for Children Act’’. 


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1 Subtitle A—Adoption Incentive 

2 Payments 

3 SEC. 111. EXTENSION OF PROGRAM THROUGH FISCAL 

4 YEAR 2016. 

5 Section 473A of the Social Security Act (42 U.S.C. 

6 673b) is amended— 

7 (1) in subsection (b)(5), by striking ‘‘2008 

8 through 2012’’ and inserting ‘‘2013 through 2015’’; 

9 and 

10 (2) in each of paragraphs (1)(D) and (2) of 

11 subsection (h), by striking ‘‘2013’’ and inserting 

12 ‘‘2016’’. 

13 SEC. 112. IMPROVEMENTS TO AWARD STRUCTURE. 

14 (a) ELIGIBILITY FOR AWARD.—Section 473A(b) of 

15 the Social Security Act (42 U.S.C. 673b(b)) is amended 

16 by striking paragraph (2) and redesignating paragraphs 

17 (3) through (5) as paragraphs (2) through (4), respec18 tively. 

19 (b) DATA REQUIREMENTS.—Section 473A(c)(2) of 

20 such Act (42 U.S.C. 673b(c)(2)) is amended— 

21 (1) in the paragraph heading, by striking 

22 ‘‘NUMBERS OF ADOPTIONS’’ and inserting ‘‘RATES

23 OF ADOPTIONS AND GUARDIANSHIPS’’; 

24 (2) by striking ‘‘the numbers’’ and all that fol25 lows through ‘‘section,’’ and inserting ‘‘each of the 


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1 rates required to be determined under this section 

2 with respect to a State and a fiscal year,’’; and 

3 (3) by inserting before the period the following: 

4 ‘‘, and, with respect to the determination of the 

5 rates related to foster child guardianships, on the 

6 basis of information reported to the Secretary under 

7 paragraph (12) of subsection (g)’’. 

8 (c) AWARD AMOUNT.—Section 473A(d) of such Act 

9 (42 U.S.C. 673b(d)) is amended— 

10 (1) in paragraph (1), by striking subparagraphs 

11 (A) through (C) and inserting the following: 

12 ‘‘(A) $4,000, multiplied by the amount (if 

13 any) by which— 

14 ‘‘(i) the number of foster child adop15 tions in the State during the fiscal year; 

16 exceeds 

17 ‘‘(ii) the product (rounded to the 

18 nearest whole number) of— 

19 ‘‘(I) the base rate of foster child 

20 adoptions for the State for the fiscal 

21 year; and 

22 ‘‘(II) the number of children in 

23 foster care under the supervision of 

24 the State on the last day of the pre25 ceding fiscal year; 


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1 ‘‘(B) $8,000, multiplied by the amount (if 

2 any) by which— 

3 ‘‘(i) the number of older child adop4 tions and older foster child guardianships 

5 in the State during the fiscal year; exceeds 

6 ‘‘(ii) the product (rounded to the 

7 nearest whole number) of— 

8 ‘‘(I) the base rate of older child 

9 adoptions and older foster child 

10 guardianships for the State for the 

11 fiscal year; and 

12 ‘‘(II) the number of children in 

13 foster care under the supervision of 

14 the State on the last day of the pre15 ceding fiscal year who have attained 

16 age 9; 

17 ‘‘(C) $4,500, multiplied by the amount (if 

18 any) by which— 

19 ‘‘(i) the number of special needs adop20 tions that are not older child adoptions in 

21 the State during the fiscal year; exceeds 

22 ‘‘(ii) the product (rounded to the 

23 nearest whole number) of— 

24 ‘‘(I) the base rate of special 

25 needs adoptions that are not older 


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1 child adoptions for the State for the 

2 fiscal year; and 

3 ‘‘(II) the number of children in 

4 foster care under the supervision of 

5 the State on the last day of the pre6 ceding fiscal year who have not at7 tained age 9; and 

8 ‘‘(D) $4,000, multiplied by the amount (if 

9 any) by which— 

10 ‘‘(i) the number of foster child 

11 guardianships in the State during the fis12 cal year; exceeds 

13 ‘‘(ii) the product (rounded to the 

14 nearest whole number) of— 

15 ‘‘(I) the base rate of foster child 

16 guardianships for the State for the 

17 fiscal year; and 

18 ‘‘(II) the number of children in 

19 foster care under the supervision of 

20 the State on the last day of the pre21 ceding fiscal year.’’; and 

22 (2) by striking paragraph (3) and inserting the 

23 following: 


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1 ‘‘(3) INCREASED ADOPTION AND LEGAL GUARD2 IANSHIP INCENTIVE PAYMENT FOR TIMELY ADOP3 TIONS.— 

4 ‘‘(A) IN GENERAL.—If for any of fiscal 

5 years 2013 through 2015, the total amount of 

6 adoption and legal guardianship incentive pay7 ments payable under paragraph (1) of this sub8 section are less than the amount appropriated 

9 under subsection (h) for the fiscal year, then, 

10 from the remainder of the amount appropriated 

11 for the fiscal year that is not required for such 

12 payments (in this paragraph referred to as the 

13 ‘timely adoption award pool’), the Secretary 

14 shall increase the adoption incentive payment 

15 determined under paragraph (1) for each State 

16 that the Secretary determines is a timely adop17 tion award State for the fiscal year by the 

18 award amount determined for the fiscal year 

19 under subparagraph (C) . 

20 ‘‘(B) TIMELY ADOPTION AWARD STATE DE21 FINED.—A State is a timely adoption award 

22 State for a fiscal year if the State is one of the 

23 50 States or the District of Columbia and the 

24 Secretary determines that more than 50 percent 

25 of the foster child adoptions that were finalized 


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1 in the State during the fiscal year were for chil2 dren for whom an adoption was finalized not 

3 more than 12 months after the date on which 

4 the child becomes legally free for adoption. 

5 ‘‘(C) AWARD AMOUNT.—For purposes of 

6 subparagraph (A), the award amount deter7 mined under this subparagraph with respect to 

8 a fiscal year is the amount equal to the product 

9 of— 

10 ‘‘(i) the timely adoption award pool 

11 for the fiscal year; and 

12 ‘‘(ii) the number of timely adoption 

13 award States for the fiscal year.’’. 

14 (d) DEFINITIONS.—Section 473A(g) of such Act (42 

15 U.S.C. 673b(g)) is amended by striking paragraphs (1) 

16 through (8) and inserting the following: 

17 ‘‘(1) FOSTER CHILD ADOPTION RATE.—The 

18 term ‘foster child adoption rate’ means, with respect 

19 to a State and a fiscal year, the percentage deter20 mined by dividing— 

21 ‘‘(A) the number of foster child adoptions 

22 finalized in the State during the fiscal year; by 

23 ‘‘(B) the number of children in foster care 

24 under the supervision of the State on the last 

25 day of the preceding fiscal year. 


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1 ‘‘(2) BASE RATE OF FOSTER CHILD ADOP2 TIONS.—The term ‘base rate of foster child adop3 tions’ means, with respect to a State and a fiscal 

4 year, the average of the foster child adoption rate 

5 for the State for the immediately preceding 3 fiscal 

6 years. 

7 ‘‘(3) FOSTER CHILD ADOPTION.—The term 

8 ‘foster child adoption’ means the final adoption of a 

9 child who, at the time of adoptive placement, was in 

10 foster care under the supervision of the State. 

11 ‘‘(4) SPECIAL NEEDS ADOPTIONS THAT ARE

12 NOT OLDER CHILD ADOPTIONS RATE.—The term 

13 ‘special needs adoptions that are not older child 

14 adoptions rate’ means, with respect to a State and 

15 a fiscal year, the percentage determined by divid16 ing— 

17 ‘‘(A) the number of special needs adoptions 

18 that are not older child adoptions finalized in 

19 the State during the fiscal year; by 

20 ‘‘(B) the number of children in foster care 

21 under the supervision of the State on the last 

22 day of the preceding fiscal year who have not 

23 attained age 9. 

24 ‘‘(5) BASE RATE OF SPECIAL NEEDS ADOP25 TIONS THAT ARE NOT OLDER CHILD ADOPTIONS.— 


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1 The term ‘base rate of special needs adoptions that 

2 are not older child adoptions’ means, with respect to 

3 a State and a fiscal year, the average of the special 

4 needs adoptions that are not older child adoptions 

5 rate for the State for the immediately preceding 3 

6 fiscal years. 

7 ‘‘(6) SPECIAL NEEDS ADOPTIONS THAT ARE

8 NOT OLDER CHILD ADOPTIONS.—The term ‘special 

9 needs adoptions that are not older child adoptions’ 

10 means the final adoptions of all children who have 

11 not attained age 9 and for whom an adoption assist12 ance agreement is in effect under section 473. 

13 ‘‘(7) OLDER CHILD ADOPTIONS AND OLDER

14 FOSTER CHILD GUARDIANSHIPS RATE.—The term 

15 ‘older child adoptions and older foster child 

16 guardianships rate’ means, with respect to a State 

17 and a fiscal year, the percentage determined by di18 viding— 

19 ‘‘(A) the number of older child adoptions 

20 and older foster child guardianships finalized in 

21 the State during the fiscal year; by 

22 ‘‘(B) the number of children in foster care 

23 under the supervision of the State on the last 

24 day of the preceding fiscal year, who have at25 tained 9 years of age. 


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1 ‘‘(8) BASE RATE OF OLDER CHILD ADOPTIONS

2 AND OLDER FOSTER CHILD GUARDIANSHIPS.—The 

3 term ‘base rate of older child adoptions and older 

4 foster child guardianships’ means, with respect to a 

5 State and a fiscal year, the average of the older 

6 child adoptions and older foster child guardianships 

7 rate for the State for the immediately preceding 3 

8 fiscal years. 

9 ‘‘(9) OLDER CHILD ADOPTIONS AND OLDER

10 FOSTER CHILD GUARDIANSHIPS.—The term ‘older 

11 child adoptions and older foster child guardianships’ 

12 means the final adoption, or the placement into legal 

13 guardianship, of all children who have attained 9 

14 years of age and— 

15 ‘‘(A) at the time of the adoptive or legal 

16 guardianship placement, were in foster care 

17 under the supervision of the State; or 

18 ‘‘(B) for whom an adoption assistance 

19 agreement was in effect under section 473. 

20 ‘‘(10) FOSTER CHILD GUARDIANSHIP RATE.— 

21 The term ‘foster child guardianship rate’ means, 

22 with respect to a State and a fiscal year, the per23 centage determined by dividing— 


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1 ‘‘(A) the number of foster child 

2 guardianships that occurred in the State during 

3 the fiscal year; by 

4 ‘‘(B) the number of children in foster care 

5 under the supervision of the State on the last 

6 day of the preceding fiscal year. 

7 ‘‘(11) BASE RATE OF FOSTER CHILD

8 GUARDIANSHIPS.—The term ‘base rate of foster 

9 child guardianships’ means, with respect to a State 

10 and a fiscal year, the average of the foster child 

11 guardianship rate for the State for the immediately 

12 preceding 3 fiscal years. 

13 ‘‘(12) FOSTER CHILD GUARDIANSHIP.—The 

14 term ‘foster child guardianship’ means, with respect 

15 to a State, the exit of a child from foster care under 

16 the responsibility of the State to live with a legal 

17 guardian, if the State has reported to the Sec18 retary— 

19 ‘‘(A) that the State agency has determined 

20 that— 

21 ‘‘(i) the child has been removed from 

22 his or her home pursuant to a voluntary 

23 placement agreement or as a result of a ju24 dicial determination to the effect that conVerDate Mar 15 2010 04:14 Dec 20, 2013 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1870.PCS S1870

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1 tinuation in the home would be contrary to 

2 the welfare of the child; 

3 ‘‘(ii) being returned home is not an 

4 appropriate option for the child; 

5 ‘‘(iii) the child demonstrates a strong 

6 attachment to the prospective legal guard7 ian, and the prospective legal guardian has 

8 a strong commitment to caring perma9 nently for the child; and 

10 ‘‘(iv) if the child has attained 14 years 

11 of age, the child has been consulted re12 garding the legal guardianship arrange13 ment; or 

14 ‘‘(B) the alternative procedures used by 

15 the State to determine that legal guardianship 

16 is the appropriate option for the child.’’. 

17 SEC. 113. RENAMING OF PROGRAM. 

18 (a) IN GENERAL.—The section heading of section 

19 473A of the Social Security Act (42 U.S.C. 673b) is 

20 amended to read as follows: 

21 ‘‘SEC. 473A. ADOPTION AND LEGAL GUARDIANSHIP INCEN22 TIVE PAYMENTS.’’. 

23 (b) CONFORMING AMENDMENTS.— 

24 (1) Section 473A of such Act is amended in 

25 each of subsections (a), (d)(1), (d)(2)(A), and 


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1 (d)(2)(B) (42 U.S.C. 673b(a), (d)(1), (d)(2)(A), and 

2 (d)(2)(B)) by inserting ‘‘and legal guardianship’’ 

3 after ‘‘adoption’’ each place it appears. 

4 (2) The heading of section 473A(d) of such Act 

5 (42 U.S.C. 673b(d)) is amended by inserting ‘‘AND

6 LEGAL GUARDIANSHIP’’ after ‘‘ADOPTION’’. 

7 SEC. 114. LIMITATIONS ON USE OF INCENTIVE PAYMENTS. 

8 Section 473A(f) of the Social Security Act (42 U.S.C. 

9 673b(f)) is amended— 

10 (1) in the first sentence, by inserting ‘‘, and 

11 shall use the amount to supplement, and not sup12 plant, any Federal or non-Federal funds used to 

13 provide any service under part B or E’’ before the 

14 period; 

15 (2) by inserting after the first sentence, the fol16 lowing: ‘‘In the case of any State that is paid an in17 centive payment under this section for a fiscal year 

18 that exceeds $100,000, the State shall use at least 

19 25 percent of the incentive payment made to the 

20 State for that fiscal year to provide services for chil21 dren who have been reunified with their families, in22 cluding services to youth who, after emancipating 

23 from foster care, return to their families, to support 

24 and sustain these reunifications.’’; and 


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1 (3) by striking ‘‘the preceding sentence’’ and in2 serting ‘‘this subsection’’. 

3 SEC. 115. STATE REPORT ON CALCULATION AND USE OF 

4 SAVINGS RESULTING FROM THE PHASE-OUT 

5 OF ELIGIBILITY REQUIREMENTS FOR ADOP6 TION ASSISTANCE; REQUIREMENT TO SPEND 

7 40 PERCENT OF SAVINGS ON CERTAIN SERV8 ICES. 

9 Section 473(a)(8) of the Social Security Act (42 

10 U.S.C. 673(a)(8)) is amended to read as follows: 

11 ‘‘(8)(A) A State shall calculate the savings (if any) 

12 resulting from the application of paragraph (2)(A)(ii) to 

13 all applicable children for a fiscal year, using a method14 ology specified by the Secretary or an alternate method15 ology proposed by the State and approved by the Sec16 retary. 

17 ‘‘(B) A State shall annually report to the Secretary— 

18 ‘‘(i) the methodology used to make the calcula19 tion described in subparagraph (A), without regard 

20 to whether any savings are found; 

21 ‘‘(ii) the amount of any savings referred to in 

22 subparagraph (A); and 

23 ‘‘(iii) how any such savings are spent, account24 ing for and reporting the spending separately from 


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1 any other spending reported to the Secretary under 

2 part B or E. 

3 ‘‘(C) The Secretary shall make all information re4 ported pursuant to subparagraph (B) (including the infor5 mation required under subparagraph (D)(iii)) available on 

6 the website of the Department of Health and Human 

7 Services in a location easily accessible to the public. 

8 ‘‘(D)(i) A State shall spend an amount equal to the 

9 amount of the savings (if any) in State expenditures under 

10 this part resulting from the application of paragraph 

11 (2)(A)(ii) to all applicable children for a fiscal year, to 

12 provide to children of families any service that may be pro13 vided under this part or part B, and shall spend not less 

14 than 40 percent of any such savings on— 

15 ‘‘(I) post-adoption or post-guardianship services 

16 (as applicable) for children placed in adoptive, kin17 ship guardianship, or guardianship placements and 

18 their families; and 

19 ‘‘(II) services to support and sustain positive 

20 permanent outcomes for children who otherwise 

21 might enter into foster care under the responsibility 

22 of the State. 

23 ‘‘(ii) Any spending by a State in accordance with this 

24 subparagraph shall be used to supplement, and not supVerDate Mar 15 2010 04:14 Dec 20, 2013 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1870.PCS S1870

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1 plant, any Federal or non-Federal funds used to provide 

2 any service under part B or E. 

3 ‘‘(iii) A State shall include in the annual report sub4 mitted to the Secretary under subparagraph (B) a detailed 

5 account, in such form and manner as the Secretary shall 

6 require, of the services funded by the State to satisfy the 

7 requirements of clause (i) of this subparagraph.’’. 

8 SEC. 116. PRESERVATION OF ELIGIBILITY FOR KINSHIP 

9 GUARDIANSHIP ASSISTANCE PAYMENTS 

10 WITH A SUCCESSOR GUARDIAN. 

11 Section 473(d)(3) of the Social Security Act (42 

12 U.S.C. 673(d)(3)) is amended by adding at the end the 

13 following: 

14 ‘‘(C) ELIGIBILITY NOT AFFECTED BY RE15 PLACEMENT OF GUARDIAN WITH A SUCCESSOR

16 GUARDIAN.—In the event of the death or inca17 pacity of the relative guardian, the eligibility of 

18 a child for a kinship guardianship assistance 

19 payment under this subsection shall not be af20 fected by reason of the replacement of the rel21 ative guardian with a successor legal guardian 

22 named in the kinship guardianship assistance 

23 agreement referred to in paragraph (1) (includ24 ing in any amendment to the agreement), notVerDate Mar 15 2010 04:14 Dec 20, 2013 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1870.PCS S1870

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1 withstanding subparagraph (A) of this para2 graph and section 471(a)(28).’’. 

3 SEC. 117. DATA COLLECTION ON ADOPTION AND FOSTER 

4 CHILD GUARDIANSHIP DISRUPTION AND DIS5 SOLUTION. 

6 (a) IN GENERAL.—Section 479 of the Social Security 

7 Act (42 U.S.C. 679) is amended by adding at the end the 

8 following new subsection: 

9 ‘‘(d)(1) Not later than 12 months after the date of 

10 enactment of the Strengthening And Finding Families for 

11 Children Act the Secretary shall, as part of the data collec12 tion system established under this section, promulgate 

13 final regulations providing for the collection and analysis 

14 of information regarding children who enter into foster 

15 care under the supervision of a State as a result of the 

16 disruption of a placement for adoption or foster child 

17 guardianship or the dissolution of an adoption or foster 

18 child guardianship. The regulations shall require each 

19 State with a State plan approved under this part and part 

20 B to collect and report as part of such data collection sys21 tem and, as appropriate, to report supplementary, descrip22 tive, or spending information required separate from such 

23 system and, as appropriate, as part of other reports re24 quired under this part or part B, the information specified 

25 in paragraph (2). 


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1 ‘‘(2) The regulations promulgated under paragraph 

2 (1) shall require a State to collect and report the following 

3 information: 

4 ‘‘(A) Information on children born in the 

5 United States who are adopted or placed in a foster 

6 child guardianship and who enter into foster care 

7 under the supervision of the State as a result of the 

8 disruption of a placement for adoption or foster 

9 child guardianship or the dissolution of an adoption 

10 or foster child guardianship, including— 

11 ‘‘(i) the number of such children who enter 

12 into foster care under the supervision of the 

13 State as a result of— 

14 ‘‘(I) the disruption of placement for 

15 adoption; 

16 ‘‘(II) the disruption of placement for 

17 foster child guardianship; 

18 ‘‘(III) the dissolution of an adoption; 

19 or 

20 ‘‘(IV) the dissolution of a foster child 

21 guardianship; and 

22 ‘‘(ii) for each child identified under clause 

23 (i)— 


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1 ‘‘(I) the length of the adoption or fos2 ter child guardianship placement prior to 

3 disruption or dissolution; 

4 ‘‘(II) the age of the child at the time 

5 of the disruption or dissolution; 

6 ‘‘(III) the reason for the disruption or 

7 dissolution, as well as illustrative or sup8 plementary materials that provide elabo9 ration for the reason; and 

10 ‘‘(IV) the agencies who handled the 

11 placement for adoption or foster child 

12 guardianship. 

13 ‘‘(B) Information on children born in a country 

14 other than the United States who enter into foster 

15 care under the supervision of the State as a result 

16 of the disruption of a placement for adoption or the 

17 dissolution of an adoption, including— 

18 ‘‘(i) the number of such children who enter 

19 into foster care under the supervision of the 

20 State as a result of— 

21 ‘‘(I) the disruption of placement for 

22 adoption; or 

23 ‘‘(II) the dissolution of an adoption; 

24 ‘‘(ii) for each child identified under clause 

25 (i)— 


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1 ‘‘(I) the child’s country of birth and, 

2 if different, the country from which the 

3 child originally was placed for adoption; 

4 ‘‘(II) the length of the adoption place5 ment prior to disruption or dissolution; 

6 ‘‘(III) the age of the child at the time 

7 of the disruption or dissolution; 

8 ‘‘(IV) the reason for the disruption or 

9 dissolution, as well as illustrative or sup10 plementary materials that provide elabo11 ration for the reason; and 

12 ‘‘(V) the agencies who handled the 

13 placement for adoption; and 

14 ‘‘(C) A description of the pre- and post-adoptive 

15 support services that the State has determined result 

16 in lower rates of disruption and dissolution of adop17 tions or foster child guardianships. 

18 ‘‘(D) Information on how the State spends 

19 funds paid to the State from an allotment for the 

20 State under section 433 to promote adoption, and, 

21 separately, to provide pre and post-adoptive support 

22 services. 

23 ‘‘(E) Such other information as determined ap24 propriate by the Secretary. 


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1 ‘‘(3) For purposes of this subsection, the term ‘foster 

2 child guardianship’ has the meaning given that term in 

3 section 473A(g)(12).’’. 

4 (b) ANNUAL REPORT.—Section 479A of the Social 

5 Security Act (42 U.S.C. 679b) is amended— 

6 (1) in paragraph (5), by striking ‘‘and’’ after 

7 the semicolon; 

8 (2) in paragraph (6), by striking the period at 

9 the end and inserting ‘‘; and’’; and 

10 (3) by adding at the end the following new 

11 paragraph: 

12 ‘‘(7) include in the report submitted pursuant 

13 to paragraph (5) for fiscal year 2016 or any suc14 ceeding fiscal year, national and State-by-State data 

15 on the numbers and rates of disruptions and dissolu16 tions of adoptions, as collected pursuant to section 

17 479(d).’’. 

18 SEC. 118. ENCOURAGING THE PLACEMENT OF CHILDREN 

19 IN FOSTER CARE WITH SIBLINGS. 

20 (a) STATE PLAN AMENDMENT.— 

21 (1) NOTIFICATION OF PARENTS OF SIBLINGS.— 

22 Section 471(a)(29) of the Social Security Act (42 

23 U.S.C. 671(a)(29)) is amended by striking ‘‘all adult 

24 grandparents’’ and inserting ‘‘the following relatives: 

25 all adult grandparents, all parents of a sibling of the 


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1 child, where such parent has legal custody of such 

2 sibling,’’. 

3 (2) SIBLING DEFINED.—Section 475 of the So4 cial Security Act (42 U.S.C. 675) is amended by 

5 adding at the end the following: 

6 ‘‘(9) The term ‘sibling’ means an individual 

7 who satisfies at least one of the following conditions 

8 with respect to a child: 

9 ‘‘(A) The individual is considered by State 

10 law to be a sibling of the child. 

11 ‘‘(B) The individual would have been con12 sidered a sibling of the child under State law 

13 but for a termination or other disruption of pa14 rental rights, such as the death of a parent.’’. 

15 (b) RULE OF CONSTRUCTION.—Nothing in this sec16 tion shall be construed as subordinating the rights of fos17 ter or adoptive parents of a child to the rights of the par18 ents of a sibling of that child. 

19 SEC. 119. EFFECTIVE DATES. 

20 (a) IN GENERAL.—Except as otherwise provided in 

21 this section, the amendments made by this subtitle shall 

22 take effect as if enacted on October 1, 2013. 

23 (b) RESTRUCTURING AND RENAMING OF PRO24 GRAM.— 


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1 (1) IN GENERAL.—The amendments made by 

2 sections 112 and 113 shall take effect on October 1, 

3 2014, subject to paragraph (2). 

4 (2) TRANSITION RULE.— 

5 (A) IN GENERAL.—Notwithstanding any 

6 other provision of law, the total amount payable 

7 to a State under section 473A of the Social Se8 curity Act for fiscal year 2014 shall be an 

amount equal to 1 9 ⁄2 of the sum of— 

10 (i) the total amount that would be 

11 payable to the State under such section for 

12 fiscal year 2014 if the amendments made 

13 by section 112 of this Act had not taken 

14 effect; and 

15 (ii) the total amount that would be 

16 payable to the State under such section for 

17 fiscal year 2014 in the absence of this 

18 paragraph. 

19 (B) PRO RATA ADJUSTMENT IF INSUFFI20 CIENT FUNDS AVAILABLE.—If the total amount 

21 otherwise payable under subparagraph (A) for 

22 fiscal year 2014 exceeds the amount appro23 priated pursuant to section 473A(h) of the So24 cial Security Act (42 U.S.C. 673b(h)) for that 

25 fiscal year, the amount payable to each State 


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1 under subparagraph (A) for fiscal year 2014 

2 shall be— 

3 (i) the amount that would otherwise 

4 be payable to the State under subpara5 graph (A) for fiscal year 2014; multiplied 

6 by 

7 (ii) the percentage represented by the 

8 amount so appropriated for fiscal year 

9 2014, divided by the total amount other10 wise payable under subparagraph (A) to all 

11 States for that fiscal year. 

12 (c) PROMOTING SIBLING CONNECTIONS.— 

13 (1) IN GENERAL.—The amendments made by 

14 section 118 shall take effect on the date of enact15 ment of this Act. 

16 (2) DELAY PERMITTED IF STATE LEGISLATION

17 REQUIRED.—In the case of a State plan approved 

18 under part E of title IV of the Social Security Act 

19 which the Secretary of Health and Human Services 

20 determines requires State legislation (other than leg21 islation appropriating funds) in order for the plan to 

22 meet the additional requirements imposed by section 

23 118, the State plan shall not be regarded as failing 

24 to comply with the requirements of such part solely 

25 on the basis of the failure of the plan to meet such 


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1 additional requirements before the 1st day of the 1st 

2 calendar quarter beginning after the close of the 1st 

3 regular session of the State legislature that ends 

4 after the 1-year period beginning with the date of 

5 enactment of this Act. For purposes of the preceding 

6 sentence, in the case of a State that has a 2-year 

7 legislative session, each year of the session is deemed 

8 to be a separate regular session of the State legisla9 ture. 

10 Subtitle B—Extension of Family 

11 Connection Grant Program 

12 SEC. 121. EXTENSION OF FAMILY CONNECTION GRANT 

13 PROGRAM. 

14 (a) IN GENERAL.—Section 427(h) of the Social Secu15 rity Act (42 U.S.C. 627(h)) is amended by striking 

16 ‘‘2013’’ and inserting ‘‘2016’’. 

17 (b) ELIGIBILITY OF UNIVERSITIES FOR MATCHING

18 GRANTS.—Section 427(a) of such Act (42 U.S.C. 627(a)) 

19 is amended, in the matter preceding paragraph (1)— 

20 (1) by striking ‘‘and’’ before ‘‘private’’; and 

21 (2) by inserting ‘‘and institutions of higher edu22 cation (as defined under section 101 of the Higher 

23 Education Act of 1965 (20 U.S.C. 1001)),’’ after 

24 ‘‘arrangements,’’. 


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1 (c) FINDING FAMILIES FOR FOSTER YOUTH WHO

2 ARE PARENTS.—Section 427(a)(1)(E) of such Act (42 

3 U.S.C. 627(a)(1)(E)) is amended by inserting ‘‘and other 

4 individuals who are willing and able to be foster parents 

5 for children in foster care under the responsibility of the 

6 State who are themselves parents’’ after ‘‘kinship care 

7 families’’. 

8 (d) RESERVATION OF FUNDS.—Section 427(g) of 

9 such Act (42 U.S.C. 627(g)) is amended— 

10 (1) by striking paragraph (1); and 

11 (2) by redesignating paragraphs (2) and (3) as 

12 paragraphs (1) and (2), respectively. 

13 Subtitle C—Unemployment 

14 Compensation 

15 SEC. 131. IMPROVING THE COLLECTION OF UNEMPLOY16 MENT INSURANCE OVERPAYMENTS 

17 THROUGH TAX REFUND OFFSET. 

18 (a) IN GENERAL.—Section 303 of the Social Security 

19 Act (42 U.S.C. 503) is amended by adding at the end the 

20 following: 

21 ‘‘(m) In the case of a covered unemployment com22 pensation debt (as defined under section 6402(f)(4) of the 

23 Internal Revenue Code of 1986) that remains uncollected 

24 as of the date that is 2 years after the date when such 

25 debt was first incurred, the State to which such debt is 


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1 owed shall take action to recover such debt under section 

2 6402(f) of the Internal Revenue Code of 1986.’’. 

3 (b) EFFECTIVE DATE.—The amendment made by 

4 subsection (a) shall take effect on October 1, 2015. 

5 TITLE II—IDENTIFYING AND 

6 SERVING YOUTH VULNER7 ABLE TO SEX TRAFFICKING 

8 SEC. 201. SHORT TITLE OF TITLE. 

9 This Act may be cited as the ‘‘Protecting Youth At10 Risk for Sex Trafficking Act’’. 

11 Subtitle A—Addressing the Risks 

12 That Make Youth Vulnerable to 

13 Sex Trafficking and Other Nega14 tive Outcomes 

15 SEC. 211. IDENTIFYING AND SCREENING YOUTH AT RISK 

16 OF SEX TRAFFICKING. 

17 Section 471(a)(9) of the Social Security Act (42 

18 U.S.C. 671(a)(9)) is amended— 

19 (1) in subparagraph (A), by striking ‘‘and’’; 

20 (2) in subparagraph (B), by inserting ‘‘and’’ 

21 after the semicolon; and 

22 (3) by adding at the end the following: 

23 ‘‘(C) not later than— 

24 ‘‘(i) 1 year after the date of enact25 ment of the Protecting Youth At-Risk for 


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1 Sex Trafficking Act, demonstrate to the 

2 Secretary that it has developed, in con3 sultation with the child protective services 

4 agency or unit for the State, policies and 

5 procedures for identifying and screening, 

6 and to determine appropriate State action 

7 and services, any child who the State has 

8 reasonable cause to believe is a victim of 

9 sex trafficking (as defined in section 

10 103(10) of the Trafficking Victims Protec11 tion Act of 2000 (22 U.S.C. 7102(10))) or 

12 a severe form of trafficking in persons de13 scribed in paragraph (9)(A) of that Act 

14 (22 U.S.C. 7102(9)(A)) or is at risk of 

15 being a victim of either kind of trafficking 

16 (including at the option of the State, any 

17 individual who has not attained age 26 

18 without regard to whether that individual 

19 is or was in foster care under the responsi20 bility of the State); and 

21 ‘‘(ii) 2 years after the date of enact22 ment of the Protecting Youth At-Risk for 

23 Sex Trafficking Act, demonstrate to the 

24 Secretary that it is implementing, in con25 sultation with the child protective services 


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1 agency or unit for the State, the policies 

2 and procedures developed under clause 

3 (i).’’. 

4 SEC. 212. IMPROVEMENTS TO ANOTHER PLANNED PERMA5 NENT LIVING ARRANGEMENT AS A PERMA6 NENCY OPTION. 

7 (a) ELIMINATION OF THE OPTION FOR CHILDREN

8 UNDER AGE 16.— 

9 (1) IN GENERAL.—Section 475(5)(C) of the So10 cial Security Act (42 U.S.C. 675(5)(C)) is amended 

11 by inserting ‘‘only in the case of a child who has at12 tained age 16’’ before ‘‘(in cases where the State 

13 agency has documented’’. 

14 (2) CONFORMING AMENDMENT.—Section 

15 422(b)(8)(A)(iii)(II) of such Act (42 U.S.C. 

16 622(b)(8)(A)(iii)(II)) is amended by inserting ‘‘, 

17 subject to the requirements of paragraphs (5)(C) 

18 and (10) of section 475’’ after ‘‘arrangement’’. 

19 (b) ADDITIONAL REQUIREMENTS.— 

20 (1) IN GENERAL.—Part E of title IV of the So21 cial Security Act (42 U.S.C. 670 et seq.) is amended 

22 by inserting after section 475 the following new sec23 tion: 


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1 ‘‘ADDITIONAL CASE PLAN AND CASE REVIEW SYSTEM

2 REQUIREMENTS

3 ‘‘SEC. 475A. (a) REQUIREMENTS FOR ANOTHER

4 PLANNED PERMANENT LIVING ARRANGEMENT.—In the 

5 case of any child for whom another planned permanent 

6 living arrangement is the permanency plan for the child, 

7 the following requirements shall apply for purposes of ap8 proving the case plan for the child and the case system 

9 review procedure for the child: 

10 ‘‘(1) DOCUMENTATION OF INTENSIVE, ONGO11 ING, UNSUCCESSFUL EFFORTS FOR FAMILY PLACE12 MENT.—At each permanency hearing held with re13 spect to the child, the State agency documents the 

14 intensive, ongoing, and, as of the date of the hear15 ing, unsuccessful efforts made by the State agency 

16 to return the child home, place the child with a fit 

17 and willing relative, place the child with a legal 

18 guardian, or place the child for adoption, including 

19 through efforts that utilize search technology to find 

20 biological family members for children in the child 

21 welfare system. 

22 ‘‘(2) REDETERMINATION OF APPROPRIATENESS

23 OF PLACEMENT AT EACH PERMANENCY HEARING.— 

24 At each permanency hearing held with respect to the 

25 child, the court or administrative body appointed or 


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1 approved by the court conducting the hearing on the 

2 permanency plan for the child shall do the following: 

3 ‘‘(A) Ask the child if the child wants to be 

4 adopted. 

5 ‘‘(B) Make a judicial determination of a 

6 compelling reason with respect to each of the 

7 following options for why it continues to be not 

8 in the best interests of the child to— 

9 ‘‘(i) return home; 

10 ‘‘(ii) be placed with a fit and willing 

11 relative; 

12 ‘‘(iii) be placed with a legal guardian; 

13 or 

14 ‘‘(iv) be placed for adoption. 

15 ‘‘(C) Identify the barriers to permanency 

16 plans other than another planned permanent 

17 living arrangement for the child. 

18 ‘‘(D) Make a new determination that an19 other planned permanent living arrangement is 

20 the appropriate permanency plan for this child 

21 and submit findings as to why, as of the date 

22 of the hearing, another planned permanent liv23 ing arrangement is the best permanency plan 

24 for the child. 


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1 ‘‘(E) Require the State agency to docu2 ment at the next permanency hearing held with 

3 respect to the child the intensive, ongoing, ef4 forts made by the State agency to address such 

5 barriers and allow a different permanency plan 

6 for the child. 

7 ‘‘(3) DEMONSTRATION OF SUPPORT FOR EN8 GAGING IN AGE OR DEVELOPMENTALLY APPRO9 PRIATE ACTIVITIES AND SOCIAL EVENTS.—The 

10 State agency shall appear before the court or admin11 istrative body appointed or approved by the court 

12 and demonstrate, not less frequently than every 6 

13 months while the child is placed in another planned 

14 permanent living arrangement— 

15 ‘‘(A) the steps the State agency is taking, 

16 including with respect to reducing barriers such 

17 as paper work or other documentation, to en18 sure the child has regular, ongoing opportuni19 ties to engage in age or developmentally appro20 priate activities, including social events; and 

21 ‘‘(B) that an individual, other than a case22 worker, is the caregiver for the child for pur23 poses of the reasonable and prudent parent 

24 standard (as defined in section 475(9)), includ25 ing with respect to authority for signing permisVerDate Mar 15 2010 04:14 Dec 20, 2013 Jkt 039200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S1870.PCS S1870

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1 sion slips and giving informal permission for 

2 the child to participate in age or develop3 mentally appropriate activities, including social 

4 events.’’. 

5 (2) CONFORMING AMENDMENTS.— 

6 (A) STATE PLAN REQUIREMENTS.— 

7 (i) PART B.—Section 422(b)(8)(A)(ii) 

8 of the Social Security Act (42 U.S.C. 

9 622(b)(8)(A)(ii)) is amended by inserting 

10 ‘‘in accordance with the requirements of 

11 section 475A’’ after ‘‘section 475(5))’’. 

12 (ii) PART E.—Section 471(a)(16) of 

13 the Social Security Act (42 U.S.C. 

14 671(a)(16)) is amended— 

15 (I) by inserting ‘‘and in accord16 ance with the requirements of section 

17 475A’’ after ‘‘section 475(1)’’; and 

18 (II) by striking ‘‘section 

19 475(5)(B)’’ and inserting ‘‘section 

20 475(5) and 475A’’. 

21 (B) DEFINITIONS.—Section 475 of the So22 cial Security Act (42 U.S.C. 675) is amended— 

23 (i) in paragraph (1), in the matter 

24 preceding subparagraph (A), by inserting 


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1 ‘‘meets the requirements of section 475A 

2 and’’ after ‘‘written document which’’; 

3 (ii) in paragraph (5)(C), as amended 

4 by subsection (a)(1)— 

5 (I) by inserting ‘‘, as of the date 

6 of the hearing,’’ after ‘‘compelling rea7 son for determining’’; and 

8 (II) by inserting ‘‘subject to the 

9 requirements of section 475A(a),’’ 

10 after ‘‘another planned permanent liv11 ing arrangement,’’; and 

12 (iii) by adding at the end the fol13 lowing: 

14 ‘‘(9)(A) The term ‘reasonable and prudent par15 ent standard’ means the standard characterized by 

16 careful and sensible parental decisions that maintain 

17 a child’s health, safety, and best interests while at 

18 the same time encouraging the child’s emotional and 

19 developmental growth, that a caregiver shall use 

20 when determining whether to allow a child in foster 

21 care under the responsibility of the State to partici22 pate in extracurricular, enrichment, and social ac23 tivities. 

24 ‘‘(B) For purposes of subparagraph (A), the 

25 term ‘caregiver’ means a foster parent with whom a 


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1 child in foster care has been placed or a designated 

2 official for a child care institution in which a child 

3 in foster care has been placed. 

4 ‘‘(10)(A)(i) The term ‘age or developmentally 

5 appropriate’ means activities or items that are gen6 erally accepted as suitable for children of the same 

7 chronological age or level of maturity or that are de8 termined to be developmentally appropriate for a 

9 child, based on the development of cognitive, emo10 tional, physical, and behavioral capacities that are 

11 typical for an age or age group. 

12 ‘‘(ii) In the event that any age related activities 

13 have implications relative to a child or youth’s aca14 demic curriculum, nothing in this part or part B 

15 shall be construed to authorize an officer or em16 ployee of the Federal Government to mandate, di17 rect, or control a State, local educational agency, or 

18 school’s specific instructional content, academic 

19 achievement standards and assessments, curriculum, 

20 or program of instruction 

21 ‘‘(B) In the case of a specific child, the term 

22 means activities or items that are suitable for that 

23 child based on the developmental stages attained by 

24 the child with respect to the child’s cognitive, emo25 tional, physical, and behavioral capacities.’’. 


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1 (c) COLLECTED CHILD SUPPORT DIRECTED TO THE

2 YOUTH.— 

3 (1) FOSTER YOUTH IN ANOTHER PLANNED

4 PERMANENT LIVING ARRANGEMENT.—Section 

5 457(e)(1) of the Social Security Act (42 U.S.C. 

6 657(e)(1)) is amended by inserting ‘‘unless the per7 manency plan for the child is another planned per8 manent living arrangement, in which case the 

9 amounts collected (without any reimbursement to 

10 the Federal Government) shall be deposited by the 

11 State agency responsible for supervising the child’s 

12 placement in an account established for the benefit 

13 of the child and only used for payment of fees or 

14 other costs attributable to the child’s participation in 

15 age or developmentally appropriate activities (until 

16 the child attains 18 years of age or such higher age 

17 as the State has elected under section 475(8)(B)(iii) 

18 at which time any funds in the account shall be paid 

19 to the child)’’ before the semicolon. 

20 (2) FORMER FOSTER YOUTH WHO HAVE AGED

21 OUT OF FOSTER CARE.—Section 457 of the Social 

22 Security Act (42 U.S.C. 657) is amended— 

23 (A) in subsection (a), in the matter pre24 ceding paragraph (1), by striking ‘‘(d) and (e)’’ 

25 and inserting ‘‘(d), (e), and (f)’’; and 


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1 (B) by adding at the end the following new 

2 subsection: 

3 ‘‘(f) YOUTH AGE 18 OR OLDER IN FOSTER CARE.— 

4 Notwithstanding the preceding provisions of this section, 

5 amounts collected by a State as child support for months 

6 in any period on behalf of a child who is in foster care 

7 under the responsibility of the State on the date the child 

8 attains 18 years of age or such higher age as the State 

9 has elected under section 475(8)(B)(iii) shall be paid to 

10 the child (without any reimbursement to the Federal Gov11 ernment).’’. 

12 (3) STATE PLAN AMENDMENT.—Section 

13 454(11) of the Social Security Act (42 U.S.C. 

14 654(11)) is amended— 

15 (A) in subparagraph (A), by striking 

16 ‘‘and’’ after the semicolon; 

17 (B) in subparagraph (B), by adding ‘‘and’’ 

18 after the semicolon; and 

19 (C) by inserting after subparagraph (B), 

20 the following: 

21 ‘‘(C) provide a description of the procedures the 

22 State has in effect to comply with the requirements 

23 under section 457(e)(1) regarding funds collected on 

24 behalf of a child in another planned permanent liv25 ing arrangement and with the requirements under 


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1 section 457(f) regarding payment of amounts col2 lected on behalf of a child who is in foster care 

3 under the responsibility of the State on the date the 

4 child attains 18 years of age or such higher age as 

5 the State has elected under section 475(8)(B)(iii);’’. 

6 (d) EFFECTIVE DATES.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (2), the amendments made by this section 

9 shall take effect on the date that is 1 year after the 

10 date of enactment of this Act. 

11 (2) DELAY OF CHILD SUPPORT AMENDMENT

12 PERMITTED IF STATE LEGISLATION REQUIRED.—In 

13 the case of a State plan approved under section 454 

14 of the Social Security Act which requires State legis15 lation (other than legislation appropriating funds) in 

16 order for the plan to meet the additional require17 ments imposed by the amendments made by sub18 section (c), the State plan shall not be regarded as 

19 failing to comply with the additional requirements 

20 solely on the basis of the failure of the plan to meet 

21 the additional requirements before the first day of 

22 the first calendar quarter beginning after the close 

23 of the first regular session of the State legislature 

24 that begins after the date of enactment of this Act. 

25 For purposes of the previous sentence, in the case 


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1 of a State that has a 2-year legislative session, each 

2 year of such session shall be deemed to be a sepa3 rate regular session of the State legislature. 

4 Subtitle B—Empowering Older 

5 Youth Vulnerable to Domestic 

6 Sex Trafficking and Other Nega7 tive Outcomes 

8 SEC. 221. EMPOWERING FOSTER YOUTH AGE 14 AND OLDER 

9 IN THE DEVELOPMENT OF THEIR OWN CASE 

10 PLAN AND TRANSITION PLANNING FOR A 

11 SUCCESSFUL ADULTHOOD. 

12 (a) IN GENERAL.—Section 475(1)(B) of the Social 

13 Security Act (42 U.S.C. 675(1)(B)) is amended by adding 

14 at the end the following: ‘‘With respect to a child who has 

15 attained age 14, the plan developed under this paragraph 

16 for the child, the permanency plan required for the child 

17 under paragraph (5)(C), and any revisions or additions 

18 to such plans, shall be developed in consultation with the 

19 child and, at the option of the child, with up to 2 members 

20 of the case planning team who are chosen by the child 

21 and who are not the child’s foster parent or caseworker. 

22 A State may reject an individual selected by a child to 

23 be a member of the case planning team at any time if 

24 the State has good cause to believe that the individual 

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1 vidual selected by a child to be a member of the child’s 

2 case planning team may be designated to be the child’s 

3 advisor and, as necessary, advocate, with respect to the 

4 application of the reasonable and prudent parent standard 

5 to the child.’’. 

6 (b) CONFORMING AMENDMENTS TO INCLUDE YOUTH

7 14 AND OLDER IN TRANSITION PLANNING.—Section 475 

8 of such Act (42 U.S.C. 675) is amended— 

9 (1) in paragraph (1)(D), by striking ‘‘Where 

10 appropriate, for a child age 16’’ and inserting ‘‘For 

11 a child age 14’’; and 

12 (2) in paragraph (5)— 

13 (A) in subparagraph (C)— 

14 (i) by striking ‘‘16’’ and inserting 

15 ‘‘14’’; and 

16 (ii) by striking ‘‘independent living’’ 

17 and inserting ‘‘a successful adulthood and 

18 that the permanency plan for the child is 

19 developed in accordance with the require20 ments specified in paragraph(1)(B)’’; and 

21 (B) in subparagraph (I), by striking ‘‘16’’ 

22 and inserting ‘‘14’’. 

23 (c) TRANSITION PLANNING FOR A SUCCESSFUL

24 ADULTHOOD.—Paragraphs (1)(D) and (5)(C)(iii) of sec25 tion 475 of such Act (42 U.S.C. 675) are each amended 


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1 by striking ‘‘independent living’’ and inserting ‘‘a success2 ful adulthood’’. 

3 (d) LIST OF RIGHTS.—Section 475A of the Social Se4 curity Act, as added by section 212(b)(1), is amended by 

5 adding at the end the following new subsection: 

6 ‘‘(b) LIST OF RIGHTS.—The case plan for any child 

7 in foster care under the responsibility of the State or with 

8 respect to whom adoption or kinship guardianship, assist9 ance is made available under this part, who has attained 

10 age 14 shall include an age or developmentally appropriate 

11 written document that describes the child’s rights with re12 spect to education, health, visitation, and court participa13 tion, and to staying safe and avoiding exploitation and a 

14 signed acknowledgment by the child that the child has 

15 been provided them with a written copy of such docu16 ment.’’. 

17 (e) REPORT.—Not later than 2 years after the date 

18 of enactment of this Act, the Secretary of Health and 

19 Human Services shall submit a report to Congress regard20 ing the implementation of the amendments made by this 

21 section. The report shall include— 

22 (1) an analysis of how States are administering 

23 the requirement of section 475(1)(B) of the Social 

24 Security Act, as amended by subsection (a) of this 

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1 tained age 14 to select up to 2 members of the 

2 child’s case planning team from individuals who are 

3 not the child’s foster parent or caseworker for the 

4 development of the plan for the child under para5 graph (1)(B) of section 475 of such Act, the perma6 nency plan required for the child under paragraph 

7 (5)(C) of section 475 of such Act, and for any revi8 sions or additions to such plans; and 

9 (2) a description of best practices of States with 

10 respect to the administration of the requirement. 

11 SEC. 222. ENSURING FOSTER YOUTH HAVE A BIRTH CER12 TIFICATE, SOCIAL SECURITY CARD, DRIVER’S 

13 LICENSE OR EQUIVALENT STATE-ISSUED 

14 IDENTIFICATION CARD, AND A BANK AC15 COUNT. 

16 (a) CASE REVIEW SYSTEM REQUIREMENT.—Section 

17 475(5)(I) of the Social Security Act (42 U.S.C. 675(5)(I)) 

18 is amended— 

19 (1) by striking ‘‘and receives assistance’’ and 

20 inserting ‘‘receives assistance’’; and 

21 (2) by inserting before the period, the following: 

22 ‘‘and is not discharged from care without being pro23 vided with an official birth certificate, a social secu24 rity card issued by the Commissioner of Social Secu25 rity, a driver’s license or identification card issued 


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1 by a State in accordance with the requirements of 

2 section 202 of the REAL ID Act of 2005, and a fee3 free (or low-fee) transaction account (as defined in 

4 section 19(b)(1)(C) of the Federal Reserve Act (12 

5 U.S.C. 461(b)(1)(C))) established in the child’s 

6 name at an insured depository institution (as de7 fined in section 3 of the Federal Deposit Insurance 

8 Act (12 U.S.C. 1813)) or an insured credit union 

9 (as defined in section 101 of the Federal Credit 

10 Union Act (12 U.S.C. 1752)), unless the child, after 

11 consultation with the child’s selected members of the 

12 child’s case planning team (if any), elects not to 

13 have such an account established’’. 

14 (b) PENALTY FOR NONCOMPLIANCE.—Section 474 of 

15 the Social Security Act (42 U.S.C. 674)) is amended by 

16 adding at the end the following: 

17 ‘‘(h) REDUCED FEDERAL MATCHING PERCENTAGE

18 FOR ADMINISTRATION FOR FAILURE TO ENSURE FOSTER

19 YOUTH HAVE A BIRTH CERTIFICATE, SOCIAL SECURITY

20 CARD, PICTURE ID, AND A BANK ACCOUNT.—If the Sec21 retary finds with respect to a fiscal year quarter that a 

22 State has failed to comply with the requirement under sec23 tion 475(5)(I) to provide each child in foster care under 

24 the responsibility of the State with an official birth certifi25 cate, a social security card issued by the Commissioner 


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1 of Social Security, a driver’s license or identification card 

2 issued by a State in accordance with the requirements of 

3 section 202 of the REAL ID Act of 2005, and a fee-free 

4 (or low-fee) transaction account (as defined in section 

5 19(b)(1)(C) of the Federal Reserve Act (12 U.S.C. 

6 461(b)(1)(C))) established in the child’s name at an in7 sured depository institution (as defined in section 3 of the 

8 Federal Deposit Insurance Act (12 U.S.C. 1813)) or an 

9 insured credit union (as defined in section 101 of the Fed10 eral Credit Union Act (12 U.S.C. 1752)) before the child 

11 is discharged from such care, (unless the child elects, after 

12 consultation with the child’s selected members of the 

13 child’s case planning team (if any), not to have such an 

14 account established) then, notwithstanding subsection (a) 

15 of this section and any regulations promulgated under sec16 tion 1123A(b)(3), the Secretary shall reduce the Federal 

17 matching percentage for expenditures described in sub18 section (a)(3)(E) for the succeeding fiscal year quarter by 

19 1 percentage point for every multiple of 10 children for 

20 whom the Secretary determines the State failed to comply 

21 with such requirements (but not to exceed 25 percentage 

22 points).’’. 

23 (c) EFFECTIVE DATE.— 


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1 (1) IN GENERAL.—Subject to paragraph (2), 

2 the amendments made by this section take effect on 

3 October 1, 2015. 

4 (2) EXTENSION FOR STATE LAW AMEND5 MENT.—In the case of a State plan approved under 

6 part B or E of title IV of the Social Security Act 

7 which the Secretary of Health and Human Services 

8 determines requires State legislation (other than leg9 islation appropriating funds) in order for the plan to 

10 meet the additional requirements imposed by the 

11 amendments made by this section, the State plan 

12 shall not be regarded as failing to comply with the 

13 requirements of such part solely on the basis of the 

14 failure of the plan to meet such additional require15 ments before the first day of the first calendar quar16 ter beginning after the close of the first regular ses17 sion of the State legislature that ends after the 1- 

18 year period beginning with the date of enactment of 

19 this Act. For purposes of the preceding sentence, in 

20 the case of a State that has a 2-year legislative ses21 sion, each year of the session is deemed to be a sep22 arate regular session of the State legislature. 


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1 Subtitle C—Data and Reports 

2 SEC. 231. STREAMLINE DATA COLLECTION AND REPORT3 ING ON SEX TRAFFICKING. 

4 (a) STATE PLAN REQUIREMENTS.— 

5 (1) IN GENERAL.—Section 471(a) of the Social 

6 Security Act (42 U.S.C. 671(a)) is amended— 

7 (A) by striking ‘‘and’’ at the end of para8 graph (32); 

9 (B) by striking the period at the end of 

10 paragraph (33) and inserting a semicolon; and 

11 (C) by adding at the end the following: 

12 ‘‘(34) provides that for each child over whom 

13 the State agency has responsibility for placement, 

14 care, or supervision (including a child who is in fos15 ter care, a child for whom a State child welfare 

16 agency has an open case file but who has not been 

17 removed from the home, and a youth who is not in 

18 foster care but is receiving services under section 

19 477), the State agency shall— 

20 ‘‘(A) identify and document appropriately 

21 in agency records each child who is identified as 

22 being a victim of sex trafficking (as defined in 

23 section 103(10) of the Trafficking Victims Pro24 tection Act of 2000) or as a victim of severe 

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1 tion 103(9)(A) of the Trafficking Victims Pro2 tection Act of 2000 (relating to sex trafficking) 

3 as such a victim; and 

4 ‘‘(B) report immediately, and in no case 

5 later than 24 hours after receiving, information 

6 on missing or abducted children to the law en7 forcement authorities for entry into the Na8 tional Crime Information Center (NCIC) data9 base of the Federal Bureau of Investigation, es10 tablished pursuant to section 534 of title 28, 

11 United States Code, and to the National Center 

12 for Missing and Exploited Children; and 

13 ‘‘(35) contains a regularly updated description 

14 of the specific measures taken by the State agency 

15 to protect and provide services to children who are 

16 victims of sex trafficking (as defined in section 

17 103(10) of the Trafficking Victims Protection Act of 

18 2000) or as a victim of severe forms of trafficking 

19 in persons described in section 103(9)(A) of the 

20 Trafficking Victims Protection Act of 2000 (relating 

21 to sex trafficking), including efforts to coordinate 

22 with State law enforcement, juvenile justice, and so23 cial service agencies such as runaway and homeless 

24 youth shelters to serve that population.’’. 

25 (2) EFFECTIVE DATE.— 


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1 (A) IN GENERAL.—Except as provided in 

2 subparagraph (B), the amendments made by 

3 subsection (a) shall take effect on the date that 

4 is 1 year after the date of the enactment of this 

5 Act, without regard to whether final regulations 

6 required under subsection (b) have been pro7 mulgated. 

8 (B) DELAY PERMITTED IF STATE LEGISLA9 TION REQUIRED.—In the case of a State plan 

10 approved under part E of title IV of the Social 

11 Security Act which the Secretary of Health and 

12 Human Services determines requires State leg13 islation (other than legislation appropriating 

14 funds) in order for the plan to meet the addi15 tional requirements imposed by subsection (a), 

16 the State plan shall not be regarded as failing 

17 to comply with the requirements of such part 

18 solely on the basis of the failure of the plan to 

19 meet such additional requirements before the 

20 first day of the first calendar quarter beginning 

21 after the close of the first regular session of the 

22 State legislature that ends after the 1-year pe23 riod beginning with the date of the enactment 

24 of this Act. For purposes of the preceding sen25 tence, in the case of a State that has a 2-year 


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1 legislative session, each year of the session is 

2 deemed to be a separate regular session of the 

3 State legislature. Except as otherwise provided 

4 in this Act the amendments made by this Act 

5 shall take effect on the date that is 1 year after 

6 the date of the enactment of this Act. 

7 (b) INCLUSION OF DATA IN AFCARS.— 

8 (1) IN GENERAL.—Section 479(c)(3) of the So9 cial Security Act (42 U.S.C. 679(c)(3)) is amend10 ed— 

11 (A) in subparagraph (C)(iii), by striking 

12 ‘‘and’’ after the semicolon; and 

13 (B) by adding at the end the following: 

14 ‘‘(E) the number of children in foster care 

15 (and to the extent the Secretary determines fea16 sible, the number of other children over whom 

17 the State agency has responsibility for place18 ment, care, or supervision (including children 

19 for whom a State child welfare agency has an 

20 open case file but who have not been removed 

21 from the home and youth who are not in foster 

22 care but are receiving services under section 

23 477) who are identified as victims of sex traf24 ficking (as defined in section 103(10) of the 

25 Trafficking Victims Protection Act of 2000) or 


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1 as victims of severe forms of trafficking in per2 sons described in section 103(9)(A) of the Traf3 ficking Victims Protection Act of 2000 (relating 

4 to sex trafficking); and’’. 

5 (2) REPORTS TO CONGRESS.— 

6 (A) INITIAL REPORT.—Not later than the 

7 date that is 2 years after the date of enactment 

8 of this Act, the Secretary of Health and Human 

9 Services shall— 

10 (i) survey each State with a State 

11 plan approved under part B or E of title 

12 IV of the Social Security Act (42 U.S.C. 

13 621 et seq., 670 et seq.) to determine the 

14 estimated number of children in foster care 

15 and the estimated number of other chil16 dren over whom the State agency has re17 sponsibility for placement, care, or super18 vision (including children for whom a State 

19 child welfare agency has an open case file 

20 but who have not been removed from the 

21 home and youth who are not in foster care 

22 but are receiving services under section 

23 477 of such Act (42 U.S.C. 677) who are 

24 identified as victims of sex trafficking (as 

25 defined in section 103(10) of the TrafVerDate Mar 15 2010 04:14 Dec 20, 2013 Jkt 039200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S1870.PCS S1870

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1 ficking Victims Protection Act of 2000) or 

2 as victims of severe forms of trafficking in 

3 persons described in section 103(9)(A) of 

4 the Trafficking Victims Protection Act of 

5 2000 (relating to sex trafficking); and 

6 (ii) submit a report to Congress that 

7 includes the results of such survey, includ8 ing State-specific data, along with such 

9 recommendations for administrative or leg10 islative action as the Secretary of Health 

11 and Human Services determines appro12 priate relating to the identification of, and 

13 provision of services for, such children. 

14 (B) ANNUAL REPORTS.—Section 479A of 

15 the Social Security Act (42 U.S.C. 679b), as 

16 amended by section 117(b), is further amend17 ed— 

18 (i) in paragraph (6), by striking 

19 ‘‘and’’ after the semicolon; 

20 (ii) in paragraph (7), by striking the 

21 period at the end and inserting ‘‘; and’’; 

22 and 

23 (iii) by adding at the end the fol24 lowing: 


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1 ‘‘(8) include in the report submitted pursuant 

2 to paragraph (5) for the first fiscal year that begins 

3 on or after the effective date of a final rule imple4 menting the data collection required under subpara5 graph (E) of section 479(c)(3), and for each suc6 ceeding fiscal year, the State-specific data collected 

7 under such subparagraph, along with such other in8 formation as the Secretary determines appropriate 

9 relating to the identification of, and provision of 

10 services for, the population of children identified in 

11 such data.’’. 

12 SEC. 232. RECOMMENDATIONS TO CONGRESS FOR EXPAND13 ING HOUSING FOR YOUTH VICTIMS OF TRAF14 FICKING. 

15 Part A of title XI of the Social Security Act (42 

16 U.S.C. 1301 et seq.) is amended by inserting after section 

17 1123A, the following: 

18 ‘‘RECOMMENDATIONS TO CONGRESS FOR EXPANDING

19 HOUSING FOR YOUTH VICTIMS OF TRAFFICKING

20 ‘‘SEC. 1123B. (a) IN GENERAL.—Not later than 1 

21 year after the enactment of this section, the head of each 

22 Federal agency specified in subsection (c) shall submit a 

23 report to Congress that contains recommendations for ad24 ministrative or legislative changes necessary to use pro25 grams, properties, or other resources owned, operated, or 

26 funded by the Federal Government to provide safe housing 


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1 for youth who are victims of trafficking and to provide 

2 support to entities that provide housing or other assist3 ance to such victims. 

4 ‘‘(b) CONTENT.—The reports required by subsection 

5 (a) shall include with respect to programs, properties, or 

6 other resources owned, operated, or funded by each Fed7 eral agency specified in subsection (c), information regard8 ing— 

9 ‘‘(1) the availability and suitability of existing 

10 Federal, State, and local housing resources that are 

11 appropriate for housing youth victims of trafficking 

12 or for providing support to entities that provide 

13 housing or other assistance to such victims, includ14 ing in rural and isolated locations; and 

15 ‘‘(2) the feasibility of establishing or supporting 

16 public-private partnerships to provide housing for 

17 such victims or support to entities that provide hous18 ing or other assistance to such victims. 

19 ‘‘(c) AGENCIES SUBJECT TO REPORTING REQUIRE20 MENT.—The Federal agencies specified in this subsection 

21 are the following: 

22 ‘‘(1) The Department of Defense. 

23 ‘‘(2) The Department of Health and Human 

24 Services. 

25 ‘‘(3) The Department of Homeland Security. 


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1 ‘‘(4) The Department of Housing and Urban 

2 Development. 

3 ‘‘(5) The Department of Justice. 

4 ‘‘(d) VICTIMS OF TRAFFICKING DEFINED.—In this 

5 section, the term ‘victims of trafficking’ has the meaning 

6 given that term in section 103(15) of the Trafficking Vic7 tims Protection Act of 2000 (22 U.S.C. 7102(15)).’’. 

8 Subtitle D—National Advisory 

9 Committee on Domestic Sex 

10 Trafficking 

11 SEC. 241. NATIONAL ADVISORY COMMITTEE ON DOMESTIC 

12 SEX TRAFFICKING. 

13 Title XI of the Social Security Act (42 U.S.C. 1301 

14 et seq.) is amended by inserting after section 1114 the 

15 following new section: 

16 ‘‘NATIONAL ADVISORY COMMITTEE ON DOMESTIC SEX

17 TRAFFICKING

18 ‘‘SEC. 1114A. (a) OFFICIAL DESIGNATION.—This 

19 section relates to the National Advisory Committee on Do20 mestic Sex Trafficking (in this section referred to as the 

21 ‘Committee’). 

22 ‘‘(b) AUTHORITY.—Not later than 180 days after the 

23 date of enactment of this section, the Secretary shall es24 tablish and appoint all members of the Committee. 

25 ‘‘(c) MEMBERSHIP.— 


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1 ‘‘(1) COMPOSITION.—The Committee shall be 

2 composed of not more than 21 members whose di3 verse experience and background enable them to pro4 vide balanced points of view with regard to carrying 

5 out the duties of the Committee. The Committee 

6 shall not be composed solely of Federal officers or 

7 employees. 

8 ‘‘(2) SELECTION.—The Secretary, in consulta9 tion with the Attorney General, shall appoint mem10 bers to the Committee. 

11 ‘‘(3) PERIOD OF APPOINTMENT; VACANCIES.— 

12 Members shall be appointed for the life of the Com13 mittee. A vacancy in the Committee shall be filled in 

14 the manner in which the original appointment was 

15 made and shall not affect the powers or duties of the 

16 Committee. 

17 ‘‘(4) COMPENSATION.—Committee members, 

18 with the exception of reimbursement of official travel 

19 expenses and per diem for official travel, shall serve 

20 without compensation. 

21 ‘‘(d) DUTIES.— 

22 ‘‘(1) NATIONAL RESPONSE.—The Committee 

23 shall advise the Secretary and the Attorney General 

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1 ficking of minors from the child welfare system and 

2 the commercial sexual exploitation of children. 

3 ‘‘(2) COOPERATION POLICIES.—The Committee 

4 shall advise the Secretary and the Attorney General 

5 on practical and general policies concerning the co6 operation of Federal, State, local, and tribal govern7 ments, child welfare agencies, social service pro8 viders, physical health and mental health providers, 

9 victim service providers, State or local courts with 

10 responsibility for conducting or supervising pro11 ceedings relating to child welfare or social services 

12 for children and their families, Federal, State, and 

13 local police, juvenile detention centers and runaway 

14 and homeless youth programs, schools, and busi15 nesses and organizations that provide services to 

16 youth, on responding to domestic sex trafficking of 

17 minors and the commercial sexual exploitation of 

18 children, including the development and implementa19 tion of— 

20 ‘‘(A) successful interventions with children 

21 and teens who are exposed to conditions that 

22 make them vulnerable to, or victims of, domes23 tic sex trafficking and commercial sexual exploi24 tation; 


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1 ‘‘(B) policies that reflect an understanding 

2 that safety and well-being of children and teens 

3 can be compromised by the sexualization of 

4 children, the commodification of children, and a 

5 lack of normalcy characterized by isolation, dis6 connection from positive, appropriate, and 

7 healthy relationships with peers and adults, and 

8 an inability to engage in age appropriate activi9 ties; and 

10 ‘‘(C) the relationship between children and 

11 teens who are trafficked and the overall coars12 ening and desensitization of society to violence 

13 that puts the public safety of communities 

14 across the Nation at risk. 

15 ‘‘(3) DEFINITION OF ‘COMMERCIAL SEXUAL EX16 PLOITATION OF CHILDREN’.—The Committee shall 

17 recommend a comprehensive definition of what con18 stitutes the ‘commercial sexual exploitation of chil19 dren’. 

20 ‘‘(4) BEST PRACTICES FOR STATES.— 

21 ‘‘(A) IN GENERAL.—The Committee shall 

22 develop 2 tiers (referred to in this subpara23 graph as ‘Tier I’ and ‘Tier II’) of recommended 

24 best practices for States to follow in combating 

25 the domestic sex trafficking of minors and the 


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1 commercial sexual exploitation of children. Tier 

2 I shall provide States that have not yet ad3 dressed domestic sex trafficking of minors and 

4 the commercial sexual exploitation of children 

5 with an idea of where to begin and what steps 

6 to take. Tier II shall provide States that are al7 ready working to address domestic sex traf8 ficking of minors and the commercial sexual ex9 ploitation of children with examples of policies 

10 that are already being used effectively by other 

11 States to address trafficking issues. 

12 ‘‘(B) DEVELOPMENT.—The best practices 

13 shall be based on multidisciplinary research and 

14 promising, evidence-based models and pro15 grams. 

16 ‘‘(C) CONTENT.—The best practices shall 

17 be user-friendly, incorporate the most up-to18 date technology, and include the following: 

19 ‘‘(i) Sample training materials, proto20 cols, and screening tools to prepare child 

21 welfare personnel to identify and serve 

22 youth who are at-risk or are victims of do23 mestic sex trafficking or commercial sexual 

24 exploitation. 


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1 ‘‘(ii) Multidisciplinary strategies to 

2 identify victims, manage cases, and im3 prove services to meet the unique needs of 

4 this youth population. 

5 ‘‘(iii) Sample protocols and rec6 ommendations for effective, cross-system 

7 collaboration between Federal, State, local, 

8 and tribal governments, child welfare agen9 cies, social service providers, physical 

10 health and mental health providers, victim 

11 service providers, State or local courts with 

12 responsibility for conducting or supervising 

13 proceedings relating to child welfare or so14 cial services for children and their families, 

15 Federal, State, and local police, juvenile 

16 detention centers and runaway and home17 less youth programs, schools, and busi18 nesses and organizations that provide serv19 ices to youth. These protocols and rec20 ommendations should include strategies to 

21 identify victims and collect, document, and 

22 share data across systems and agencies, 

23 and should be designed to help agencies 

24 better understand the type of trafficking or 

25 commercial sexual exploitation involved, 


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1 the scope of the problem, the needs of the 

2 population to be served, ways to address 

3 the demand for trafficked children and 

4 youth and increase prosecutions of traf5 fickers and purchasers of children and 

6 youth, and the degree of victim interaction 

7 with multiple systems. 

8 ‘‘(iv) A list of recommendations to es9 tablish safe residential placements for fos10 ter youth who have been trafficked (as de11 fined by the Committee) as well as training 

12 guidelines for caregivers that serve chil13 dren and youth being cared for outside the 

14 home. 

15 ‘‘(e) REPORTS.— 

16 ‘‘(1) IN GENERAL.—The Committee shall sub17 mit an interim and a final report on the work of the 

18 Committee to— 

19 ‘‘(A) the Secretary; 

20 ‘‘(B) the Attorney General; 

21 ‘‘(C) the Committee on Finance of the 

22 Senate; and 

23 ‘‘(D) the Committee on Ways and Means 

24 of the House of Representatives. 


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1 ‘‘(2) REPORTING DATES.—The interim report 

2 shall be submitted not later than 1 year after the es3 tablishment of the Committee. The final report shall 

4 be submitted not later than 2 years after the estab5 lishment of the Committee unless the Secretary es6 tablishes an extension period for the Committee, in 

7 which case the final report shall be submitted not 

8 later than the last day of such period. 

9 ‘‘(f) ADMINISTRATION.— 

10 ‘‘(1) AGENCY SUPPORT.—The Secretary shall 

11 direct the head of the Administration on Children, 

12 Youth and Families of the Department of Health 

13 and Human Services to l provide all necessary sup14 port for the Committee. 

15 ‘‘(2) MEETINGS.— 

16 ‘‘(A) IN GENERAL.—The Committee will 

17 meet at the call of the Secretary at least twice 

18 a year to carry out the duties identified in this 

19 section, and more often as otherwise required. 

20 ‘‘(B) PROCEDURES.—The Secretary shall 

21 call all of the Committee meetings, prepare and 

22 approve all meeting agendas, attend all Com23 mittee meetings, adjourn any meeting when the 

24 Secretary determines adjournment to be in the 

25 public interest, and shall chair meetings when 


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1 directed to do so by an official or entity to 

2 whom the Committee reports. 

3 ‘‘(3) SUBCOMMITTEES.—The Committee shall 

4 be authorized to establish subcommittees or working 

5 groups, as necessary and consistent with the mission 

6 of the Committee, and any such subcommittees or 

7 working groups shall operate under the provisions of 

8 the Federal Advisory Committee Act of 1972 (5 

9 U.S.C. App.), the Sunshine in Government Act of 

10 1976 (5 U.S.C. 552b), and other appropriate Fed11 eral regulations. Such subcommittees or working 

12 groups shall have no authority to make decisions on 

13 behalf of the Committee, nor shall they report di14 rectly to any official or entity listed in subsection 

15 (d). 

16 ‘‘(4) RECORDKEEPING.—The records of the 

17 Committee and any subcommittees and working 

18 groups shall be maintained in accordance with ap19 propriate Department of Health and Human Serv20 ices policies and procedures and shall be available 

21 for public inspection and copying, subject to the 

22 Freedom of Information Act (5 U.S.C. 552). 

23 ‘‘(g) FUNDING.— 

24 ‘‘(1) IN GENERAL.—From the unobligated bal25 ance of funds made available to carry out section 


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1 414 of the Social Security Act (42 U.S.C. 614), 

2 $400,000 of such funds are hereby transferred and 

3 made available to carry out this section. Amounts 

4 transferred and made available to carry out this sec5 tion shall remain available for expenditure until the 

6 date on which the Committee terminates and shall 

7 not be subject to reduction under a sequestration 

8 order issued under the Balanced Budget and Emer9 gency Deficit Control Act of 1985 (2 U.S.C. 900 et 

10 seq.). 

11 ‘‘(2) UNOBLIGATED AMOUNTS.—Any amounts 

12 made available to carry out this section that are un13 obligated on the date on which the Committee termi14 nates shall be returned to the Treasury of the 

15 United States . 

16 ‘‘(h) TERMINATION.—The Committee shall terminate 

17 2 years after the date of establishment unless the Sec18 retary determines that more time is necessary to allow the 

19 Committee to complete its duties, in which case the Com20 mittee shall terminate at the end of an extension period 

21 established by the Secretary (not to exceed 24 months).’’. 


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1 TITLE III—CHILD SUPPORT 

2 ENFORCEMENT 

3 SEC. 301. SHORT TITLE OF TITLE. 

4 This title may be cited as the ‘‘Child Support Im5 provement and Work Promotion Act’’. 

6 Subtitle A—Increased Reliability of 

7 Child Support 

8 SEC. 311. COMPLIANCE WITH MULTILATERAL CHILD SUP9 PORT CONVENTIONS. 

10 (a) SECRETARY’S AUTHORITY TO ENSURE COMPLI11 ANCE WITH MULTILATERAL CHILD SUPPORT CONVEN12 TION.— 

13 (1) IN GENERAL.—Section 452 of the Social 

14 Security Act (42 U.S.C. 652) is amended— 

15 (A) by redesignating the second subsection 

16 (l) (as added by section 7306 of Public Law 

17 109–171) as subsection (m); and 

18 (B) by adding at the end the following: 

19 ‘‘(n) SECRETARY’S AUTHORITY TO ENSURE COMPLI20 ANCE WITH MULTILATERAL CHILD SUPPORT CONVEN21 TION.—Consistent with the national policy of the United 

22 States to fully comply with the obligations of any multilat23 eral child support convention to which the United States 

24 is a party, the Secretary shall utilize Federal and, as ap25 propriate, State enforcement mechanisms in furtherance 


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1 of this policy and take such steps as may be necessary 

2 within the Secretary’s authority to ensure compliance with 

3 the United States treaty obligations under such convention 

4 in the event the Secretary determines that a State plan 

5 does not comply with such obligations.’’. 

6 (2) CONFORMING AMENDMENT.—Section 

7 453(k)(3) of the Social Security Act (42 U.S.C. 

8 653(k)(3)) is amended by striking ‘‘452(l)’’ and in9 serting ‘‘452(m)’’. 

10 (b) ACCESS TO THE FEDERAL PARENT LOCATOR

11 SERVICE.—Section 453(c) of the Social Security Act (42 

12 U.S.C. 653(c)) is amended— 

13 (1) by striking ‘‘and’’ at the end of paragraph 

14 (3); 

15 (2) by striking the period at the end of para16 graph (4) and inserting ‘‘; and’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(5) an entity designated as a Central Author19 ity for child support enforcement in a foreign recip20 rocating country or a foreign treaty country for pur21 poses specified in section 459A(c)(2).’’. 

22 (c) STATE OPTION TO REQUIRE INDIVIDUALS IN

23 FOREIGN COUNTRIES TO APPLY THROUGH THEIR COUN24 TRY’S APPROPRIATE CENTRAL AUTHORITY.—Section 454 

25 of the Social Security Act (42 U.S.C. 654) is amended— 


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1 (1) in paragraph (4)(A)(ii), by inserting before 

2 the semicolon ‘‘(except that, if the individual apply3 ing for the services resides in a foreign reciprocating 

4 country or foreign treaty country, the State may opt 

5 to require the individual to request the services 

6 through the Central Authority for child support en7 forcement in the foreign reciprocating country or the 

8 foreign treaty country, and if the individual resides 

9 in a foreign country that is not a foreign recipro10 cating country or a foreign treaty country, a State 

11 may accept or reject the application)’’; and 

12 (2) in paragraph (32)— 

13 (A) in subparagraph (A), by inserting ‘‘, a 

14 foreign treaty country,’’ after ‘‘a foreign recip15 rocating country’’; and 

16 (B) in subparagraph (C), by striking ‘‘or 

17 foreign obligee’’ and inserting ‘‘, foreign treaty 

18 country, or foreign individual’’. 

19 (d) AMENDMENTS TO INTERNATIONAL SUPPORT EN20 FORCEMENT PROVISIONS.—Section 459A of the Social Se21 curity Act (42 U.S.C. 659a) is amended— 

22 (1) in subsection (c)— 

23 (A) in the matter preceding paragraph (1), 

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1 serting ‘‘foreign reciprocating countries or for2 eign treaty countries’’; and 

3 (B) in paragraph (2), by inserting ‘‘and 

4 foreign treaty countries’’ after ‘‘foreign recipro5 cating countries’’; 

6 (2) in subsection (d), by striking ‘‘the subject of 

7 a declaration pursuant to subsection (a)’’ and insert8 ing ‘‘foreign reciprocating countries or foreign treaty 

9 countries’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(e) REFERENCES.—In this part: 

12 ‘‘(1) FOREIGN RECIPROCATING COUNTRY.—The 

13 term ‘foreign reciprocating country’ means a foreign 

14 country (or political subdivision thereof) with respect 

15 to which the Secretary has made a declaration pur16 suant to subsection (a). 

17 ‘‘(2) FOREIGN TREATY COUNTRY.—The term 

18 ‘foreign treaty country’ means a foreign country for 

19 which the 2007 Family Maintenance Convention is 

20 in force. 

21 ‘‘(3) 2007 FAMILY MAINTENANCE CONVEN22 TION.—The term ‘2007 Family Maintenance Con23 vention’ means the Hague Convention of 23 Novem24 ber 2007 on the International Recovery of Child 

25 Support and Other Forms of Family Maintenance.’’. 


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1 (e) COLLECTION OF PAST-DUE SUPPORT FROM FED2 ERAL TAX REFUNDS.—Section 464(a)(2)(A) of the Social 

3 Security Act (42 U.S.C. 664(a)(2)(A)) is amended by 

4 striking ‘‘under section 454(4)(A)(ii)’’ and inserting 

5 ‘‘under paragraph (4)(A)(ii) or (32) of section 454’’. 

6 (f) STATE LAW REQUIREMENT CONCERNING THE

7 UNIFORM INTERSTATE FAMILY SUPPORT ACT

8 (UIFSA).—Section 466(f) (42 U.S.C. 666(f)) is amend9 ed— 

10 (1) by striking ‘‘on and after January 1, 

11 1998,’’; 

12 (2) by striking ‘‘and as in effect on August 22, 

13 1996,’’; and 

14 (3) by striking ‘‘adopted as of such date’’ and 

15 inserting ‘‘adopted as of September 30, 2008’’. 

16 (g) FULL FAITH AND CREDIT FOR CHILD SUPPORT

17 ORDERS.—Section 1738B of title 28, United States Code, 

18 is amended— 

19 (1) in subsection (b)— 

20 (A) by inserting ‘‘(1) CHILD.—The term’’ 

21 before ‘‘ ‘child’ ’’; 

22 (B) by striking ‘‘ ‘child’s State’ ’’ and all 

23 that follows through ‘‘a child resides.’’; 


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1 (C) by inserting ‘‘(2) CHILD’S HOME

2 STATE.—The term’’ before ‘‘ ‘child’s home 

3 State’ ’’; 

4 (D) by inserting after paragraph (2), as 

5 designated by subparagraph (C), the following: 

6 ‘‘(3) CHILD’S STATE.—The term ‘child’s State’ 

7 means the State in which a child resides.’’; 

8 (E) by inserting ‘‘(4) CHILD SUPPORT.— 

9 The term’’ before ‘‘ ‘child support’ ’’; 

10 (F) by inserting ‘‘(5) CHILD SUPPORT

11 ORDER.—The term’’ before ‘‘ ‘child support 

12 order’ ’’; 

13 (G) by inserting ‘‘(6) CONTESTANT.—The 

14 term’’ before ‘‘ ‘contestant’ ’’; 

15 (H) by striking ‘‘ ‘court’ means’’ and all 

16 that follows through ‘‘modification of a child 

17 support order.’’; 

18 (I) by inserting ‘‘(7) MODIFICATION.—The 

19 term’’ before ‘‘ ‘modification’ ’’; 

20 (J) by inserting ‘‘(8) STATE.—The term’’ 

21 before ‘‘ ‘State’ ’’; and 

22 (K) by adding at the end the following: 

23 ‘‘(9) TRIBUNAL.—The term ‘tribunal’ means a 

24 court or administrative agency of a State that is au25 thorized by State law to establish the amount of 


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1 child support payable by a contestant or make a 

2 modification of a child support order.’’; 

3 (2) by striking ‘‘court’’ each place it appears 

4 except subsection (b)(9), as added by paragraph (1) 

5 of this section, and inserting ‘‘tribunal’’; 

6 (3) by striking ‘‘courts’’ each place it appears 

7 and inserting ‘‘tribunals’’; 

8 (4) in subsection (c)(1), by striking ‘‘sub9 sections (e), (f), and (g)’’ and inserting ‘‘this sec10 tion’’; 

11 (5) by striking subsection (i); 

12 (6) by redesignating subsections (e), (f), (g), 

13 and (h) as subsections (f), (g), (h), and (i), respec14 tively; 

15 (7) by striking subsection (d) and inserting the 

16 following: 

17 ‘‘(d) CONTINUING, EXCLUSIVE JURISDICTION.—A 

18 tribunal of a State that has made a child support order 

19 consistently with this section has continuing, exclusive ju20 risdiction to modify the order if— 

21 ‘‘(1) the order is the controlling order, as deter22 mined under subsection (g); and 

23 ‘‘(2)(A) the State is the child’s State or the res24 idence of any individual contestant; or 


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1 ‘‘(B) the contestants provide consent (by pro2 viding consent in a record or in a hearing) for the 

3 tribunal to continue to exercise jurisdiction to mod4 ify the order. 

5 ‘‘(e) RESTRICTIONS ON EXERCISING CONTINUING, 

6 EXCLUSIVE JURISDICTION.—A tribunal of a State that 

7 has made a child support order may not exercise con8 tinuing, exclusive jurisdiction to modify the order if— 

9 ‘‘(1) each individual contestant files a consent 

10 in a record with the issuing tribunal stating that a 

11 tribunal of another State (which has jurisdiction of 

12 at least 1 of the individual contestants or that is a 

13 tribunal of the State of the residence of the child) 

14 may modify the order and assume continuing, exclu15 sive jurisdiction; or 

16 ‘‘(2) the order is not the controlling order, as 

17 determined under subsection (g).’’; 

18 (8) in subsection (f), as redesignated by para19 graph (6) of this section— 

20 (A) in paragraph (1), by striking ‘‘sub21 section (i)’’ and inserting ‘‘subsection (j)’’; and 

22 (B) in paragraph (2)— 

23 (i) in subparagraph (A), by inserting 

24 ‘‘and the contestants have not provided 

25 consent (by providing consent in a record 


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1 or in a hearing) for the tribunal of the 

2 other State to continue to exercise jurisdic3 tion to modify the order’’ before the semi4 colon; and 

5 (ii) in subparagraph (B), by inserting 

6 ‘‘with jurisdiction of at least 1 of the indi7 vidual contestants or that is a tribunal of 

8 the State of the residence of the child’’ 

9 after ‘‘of another State’’; 

10 (9) in subsection (g), as redesignated by para11 graph (6) of this section— 

12 (A) in the subsection heading, by striking 

13 ‘‘RECOGNITION OF CHILD SUPPORT ORDERS’’ 

14 and inserting ‘‘DETERMINATION OF CONTROL15 LING CHILD SUPPORT ORDER’’; 

16 (B) in the matter preceding paragraph (1), 

17 by striking ‘‘to recognize for purposes of con18 tinuing, exclusive jurisdiction and enforcement’’ 

19 and inserting ‘‘is the controlling order and shall 

20 be recognized’’; and 

21 (C) by striking ‘‘must be recognized’’ each 

22 place it appears and inserting ‘‘is the control23 ling order’’; 


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1 (10) in subsection (h), as redesignated by para2 graph (6) of this section, by striking ‘‘subsections 

3 (e) and (f)’’ and inserting ‘‘subsections (f) and (g)’’; 

4 (11) in subsection (i), as redesignated by para5 graph (6) of this section— 

6 (A) in paragraph (1), by inserting ‘‘or col7 lect arrears and interest due on a child support 

8 order’’ after ‘‘enforce a child support order’’; 

9 (B) by striking paragraph (2) and insert10 ing the following: 

11 ‘‘(2) LAW OF STATE OF ISSUANCE OF ORDER.— 

12 A tribunal shall apply the law of the State of the tri13 bunal that issued a child support order registered in 

14 the State of the tribunal with regard to— 

15 ‘‘(A) the nature, extent, amount, and dura16 tion of current payments under the child sup17 port order; 

18 ‘‘(B) the computation and payment of ar19 rears and accrual of interest on arrears under 

20 the child support order; and 

21 ‘‘(C) the existence and satisfaction of other 

22 obligations under the child support order.’’; 

23 (C) in paragraph (3), by striking ‘‘child 

24 support order, a’’ and inserting ‘‘child support 


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1 order registered in the State of a tribunal, the’’; 

2 and 

3 (D) by adding at the end the following: 

4 ‘‘(4) PROSPECTIVE APPLICATION OF LAW.— 

5 After a tribunal determines which is the controlling 

6 order and issues an order consolidating arrears, if 

7 any, a tribunal shall apply the law of the State of 

8 the tribunal that issued the controlling order (in9 cluding the law of the State relating to interest on 

10 arrears)— 

11 ‘‘(A) for support paid after the date of the 

12 order consolidating arrears; and 

13 ‘‘(B) relating to consolidated arrears.’’; 

14 and 

15 (12) by adding at the end the following: 

16 ‘‘(j) REGISTRATION FOR MODIFICATION.— 

17 ‘‘(1) IN GENERAL.—A tribunal may modify a 

18 child support order issued in another State which 

19 has been registered in the State of the tribunal if, 

20 after notice and hearing, the tribunal finds— 

21 ‘‘(A) that— 

22 ‘‘(i) no individual contestant or child 

23 resides in the State of the tribunal issuing 

24 the child support order; 


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1 ‘‘(ii) the individual contestant seeking 

2 to modify, or to modify and enforce, a 

3 child support order issued in another State 

4 does not reside in the State in which the 

5 registering tribunal is located; and 

6 ‘‘(iii) the tribunal of the State in 

7 which the child support order has been 

8 registered has personal jurisdiction of the 

9 parties not seeking to modify, or modify 

10 and enforce, the child support order; 

11 ‘‘(B) that the State in which the child sup12 port order has been registered— 

13 ‘‘(i)(I) is the residence of the child; or 

14 ‘‘(II) has personal jurisdiction of an 

15 individual contestant; and 

16 ‘‘(ii) each individual contestant has 

17 filed a consent in a record with the issuing 

18 tribunal for a tribunal in the registering 

19 State to modify the support order and as20 sume continuing, exclusive jurisdiction; or 

21 ‘‘(C) that all of the individual contestants 

22 reside in the State in which the registering tri23 bunal is located and the child does not reside in 

24 the issuing State. 


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1 ‘‘(2) LIMITATIONS.—A tribunal may not modify 

2 any term of a child support order that may not be 

3 modified under the law of the issuing State, includ4 ing the duration of the obligation of support. If 2 or 

5 more tribunals have issued child support orders for 

6 the same obligor and same child, the law of the 

7 State of the tribunal issuing the controlling order, as 

8 determined under subsection (g), establishes the 

9 terms of the child support order which are not modi10 fiable. 

11 ‘‘(3) PROCEEDING TO MODIFY.—In a pro12 ceeding to modify a child support order, the law of 

13 the State of the tribunal that issued the initial con14 trolling order, as determined under subsection (g), 

15 governs the duration of the obligation of support. 

16 The obligor’s fulfillment of the duty of support es17 tablished by that controlling order precludes a tri18 bunal of another State from imposing a further obli19 gation of child support on the obligor. 

20 ‘‘(4) PARTIES RESIDING OUTSIDE THE UNITED

21 STATES.—Notwithstanding paragraph (1), a tribunal 

22 in the issuing State retains jurisdiction to modify an 

23 order issued in that State if— 

24 ‘‘(A) 1 party resides in another State; and 


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1 ‘‘(B) the other party resides outside of the 

2 United States.’’. 

3 SEC. 312. RELIEF FROM PASSPORT SANCTIONS FOR CER4 TAIN INDIVIDUALS. 

5 Section 452(k) of the Social Security Act (42 U.S.C. 

6 652(k)) is amended— 

7 (1) in paragraph (2), by striking ‘‘The Sec8 retary of State’’ and inserting ‘‘Subject to para9 graph (3), the Secretary of State’’; 

10 (2) by redesignating paragraph (3) as para11 graph (4); and 

12 (3) by inserting after paragraph (2) the fol13 lowing new paragraph: 

14 ‘‘(3)(A) Notwithstanding paragraph (2), the Sec15 retary of State may issue a passport to an individual with 

16 respect to whom the Secretary has transmitted certifi17 cation under paragraph (1) if— 

18 ‘‘(i) the individual submits an application for 

19 relief to the Secretary of State, in such form and 

20 manner as the Secretary of State shall require; and 

21 ‘‘(ii) the Secretary of State certifies that the 

22 application includes evidence that the individual— 

23 ‘‘(I) has an annual income of less than 

24 $100,000; 


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1 ‘‘(II) is not incurring any new child sup2 port obligations, but only owes arrearages; 

3 ‘‘(III) does not owe arrearages of child 

4 support for a child who is less than 18 years 

5 old; 

6 ‘‘(IV) has been making child support pay7 ments consistently and in good faith for each of 

8 the most recently preceding 12 months; and 

9 ‘‘(V) has a current offer to work outside of 

10 the United States, an offer to interview for 

11 work outside of the United States, a profes12 sional history of working outside of the United 

13 States, a job that requires travel outside of the 

14 United States, or is enrolled in a professional 

15 training program that requires travel outside of 

16 the United States. 

17 ‘‘(B) The Secretary of State shall revoke a passport 

18 issued to an individual under subparagraph (A) upon a 

19 determination that the individual has failed to make child 

20 support payments consistently and in good faith for more 

21 than 6 months. 

22 ‘‘(C) The Secretary of State shall report the issuance 

23 of a passport under this paragraph to the Secretary. 

24 ‘‘(D) The Secretary shall report the issuance of a 

25 passport under this paragraph to the State agency that 


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1 certified in accordance with section 454(31) that the indi2 vidual to whom the passport is issued owed child support 

3 arrearages in an amount exceeding $2,500.’’. 

4 SEC. 313. CHILD SUPPORT ENFORCEMENT PROGRAMS FOR 

5 INDIAN TRIBES. 

6 (a) TRIBAL ACCESS TO THE FEDERAL PARENT LO7 CATOR SERVICE.—Section 453(c)(1) of the Social Security 

8 Act (42 U.S.C. 653(c)(1)) is amended by inserting ‘‘or In9 dian tribe or tribal organization (as defined in subsections 

10 (e) and (l) of section 4 of the Indian Self-Determination 

11 and Education Assistance Act (25 U.S.C. 450b)),’’ after 

12 ‘‘any State’’. 

13 (b) WAIVER AUTHORITY FOR INDIAN TRIBES OR

14 TRIBAL ORGANIZATIONS OPERATING CHILD SUPPORT

15 ENFORCEMENT PROGRAMS.—Section 1115(b) of the So16 cial Security Act (42 U.S.C. 1315(b)) is amended— 

17 (1) by redesignating paragraphs (1) through 

18 (3) as subparagraphs (A) through (C), respectively, 

19 and realigning the left margin of subparagraph (C) 

20 so as to align with subparagraphs (A) and (B) (as 

21 so redesignated); 

22 (2) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(2) An Indian tribe or tribal organization operating 

25 a program under section 455(f) shall be considered a State 


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1 for purposes of authority to conduct an experimental, 

2 pilot, or demonstration project under subsection (a) to as3 sist in promoting the objectives of part D of title IV and 

4 receiving payments under the second sentence of that sub5 section. The Secretary may waive compliance with any re6 quirements of section 455(f) or regulations promulgated 

7 under that section to the extent and for the period the 

8 Secretary finds necessary for an Indian tribe or tribal or9 ganization to carry out such project. Costs of the project 

10 which would not otherwise be included as expenditures of 

11 a program operating under section 455(f) and which are 

12 not included as part of the costs of projects under section 

13 1110, shall, to the extent and for the period prescribed 

14 by the Secretary, be regarded as expenditures under a 

15 tribal plan or plans approved under such section, or for 

16 the administration of such tribal plan or plans, as may 

17 be appropriate. An Indian tribe or tribal organization ap18 plying for or receiving start-up program development 

19 funding pursuant to section 309.16 of title 45, Code of 

20 Federal Regulations, shall not be considered to be an In21 dian tribe or tribal organization operating a program 

22 under section 455(f) for purposes of this paragraph.’’. 


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1 SEC. 314. PARENTING TIME ARRANGEMENTS. 

2 (a) STATE PLAN AMENDMENTS.—Section 454 of the 

3 Social Security Act (42 U.S.C. 654), as amended by sec4 tion 311(c), is further amended— 

5 (1) in paragraph (4)(A), in the matter pre6 ceding clause (i), by inserting ‘‘, establishment of 

7 voluntary parenting time arrangements,’’ after ‘‘es8 tablishment of paternity’’; 

9 (2) in paragraph (9)— 

10 (A) in subparagraph (D), by striking ‘‘; 

11 and’’ and inserting a semicolon; 

12 (B) in subparagraph (E), by inserting 

13 ‘‘and’’ after the semicolon; and 

14 (C) by adding at the end the following: 

15 ‘‘(F) in establishing a voluntary parenting time 

16 arrangement at the time that a support order (as 

17 defined in section 453(p)) is initially issued under 

18 this part pursuant to the requirements, standards, 

19 and procedures described in paragraph (35);’’; 

20 (3) in paragraph (13), by inserting ‘‘estab21 lishing voluntary parenting time arrangements,’’ 

22 after ‘‘obtaining support orders,’’; 

23 (4) in paragraph (15)— 

24 (A) in subparagraph (A), by striking 

25 ‘‘and’’ after the semicolon; 


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1 (B) in subparagraph (B), by inserting 

2 ‘‘and’’ after the semicolon; and 

3 (C) by adding at the end the following: 

4 ‘‘(C) a process for including in the annual re5 views and reports required under subparagraph (A) 

6 information, in such form and manner as the Sec7 retary shall require, regarding the policies and prac8 tices implemented by the State or which the State 

9 plans to implement to facilitate access to and visita10 tion of children by noncustodial parents;’’; 

11 (5) in paragraph (26)(A), by inserting ‘‘to es12 tablish voluntary parenting time arrangements,’’ 

13 after ‘‘to establish paternity,’’; 

14 (6) in paragraph (33), by striking ‘‘and’’ after 

15 the semicolon; 

16 (7) in paragraph (34), by striking the period at 

17 the end and inserting ‘‘; and’’; and 

18 (8) by inserting after paragraph (34) the fol19 lowing: 

20 ‘‘(35) provide that the State shall implement proce21 dures for the establishment of a voluntary parenting time 

22 arrangement at the time that a support order (as defined 

23 in section 453(p)) is initially issued under this part for 

24 parents who are not subject to a divorce or dissolution 

25 decree and for whom the voluntary parenting time arVerDate Mar 15 2010 04:14 Dec 20, 2013 Jkt 039200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\S1870.PCS S1870

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1 rangement is not contested, in accordance with such re2 quirements and standards as the Secretary determines 

3 necessary and that include exceptions for family or domes4 tic violence, dating violence, sexual assault, and stalking.’’. 

5 (b) SECRETARIAL GUIDANCE.—The Secretary shall 

6 issue guidance for States for the establishment of vol7 untary parenting time arrangements. The guidance shall 

8 provide that in establishing such arrangements, a State 

9 shall establish procedures to ensure— 

10 (1) the informed and voluntary participation of 

11 both parents in the establishment of a voluntary 

12 parenting time arrangement that is free from coer13 cion and threats of recrimination; 

14 (2) each parent’s informed consent to the terms 

15 and legal implications of any parenting time plan es16 tablished under a voluntary parenting time arrange17 ment; and 

18 (3) that all voluntary parenting time arrange19 ments comply with State law. 


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1 SEC. 315. EFFICIENT USE OF THE NATIONAL DIRECTORY 

2 OF NEW HIRES DATABASE FOR FEDERALLY 

3 SPONSORED RESEARCH ASSESSING THE EF4 FECTIVENESS OF FEDERAL POLICIES AND 

5 PROGRAMS IN ACHIEVING POSITIVE LABOR 

6 MARKET OUTCOMES. 

7 Section 453 (42 U.S.C. 653) is amended— 

8 (1) in subsection (i)(2)(A), by striking ‘‘24’’ 

9 and inserting ‘‘48’’; and 

10 (2) in subsection (j), by striking paragraph (5) 

11 and inserting the following: 

12 ‘‘(5) RESEARCH.— 

13 ‘‘(A) IN GENERAL.—Subject to subpara14 graph (B) of this paragraph, the Secretary may 

15 provide access to data in each component of the 

16 Federal Parent Locator Service maintained 

17 under this section and to information reported 

18 by employers pursuant to section 453A(b), 

19 for— 

20 ‘‘(i) research undertaken by a State or 

21 Federal agency (including through grant or 

22 contract) for purposes found by the Sec23 retary to be likely to contribute to achiev24 ing the purposes of part A or this part; or 

25 ‘‘(ii) an evaluation or statistical anal26 ysis undertaken to assess the effectiveness 


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1 of a Federal program in achieving positive 

2 labor market outcomes (including through 

3 grant or contract), by— 

4 ‘‘(I) the Department of Health 

5 and Human Services; 

6 ‘‘(II) the Social Security Admin7 istration; 

8 ‘‘(III) the Department of Labor; 

9 ‘‘(IV) the Department of Edu10 cation; 

11 ‘‘(V) the Department of Housing 

12 and Urban Development; 

13 ‘‘(VI) the Department of Justice; 

14 ‘‘(VII) the Department of Vet15 erans Affairs; 

16 ‘‘(VIII) the Bureau of the Cen17 sus; 

18 ‘‘(IX) the Department of Agri19 culture; or 

20 ‘‘(X) the National Science Foun21 dation. 

22 ‘‘(B) PERSONAL IDENTIFIERS.—Data or 

23 information provided under this paragraph may 

24 include a personal identifier only if, in addition 


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1 to meeting the requirements of subsections (l) 

2 and (m)— 

3 ‘‘(i) the State or Federal agency con4 ducting the research described in subpara5 graph (A)(i), or the Federal department or 

6 agency undertaking the evaluation or sta7 tistical analysis described in subparagraph 

8 (A)(ii), as applicable, enters into an agree9 ment with the Secretary regarding the se10 curity and use of the data or information; 

11 ‘‘(ii) the agreement includes such re12 strictions or conditions with respect to the 

13 use, safeguarding, disclosure, or redisclo14 sure of the data or information (including 

15 by contractors or grantees) as the Sec16 retary deems appropriate; 

17 ‘‘(iii) the data or information is used 

18 exclusively for the purposes defined in the 

19 agreement; and 

20 ‘‘(iv) the Secretary determines that 

21 the provision of data or information under 

22 this paragraph is the minimum amount 

23 needed to conduct the research, evaluation, 

24 or statistical analysis, as applicable, and 


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1 will not interfere with the effective oper2 ation of the program under this part. 

3 ‘‘(C) PENALTIES FOR UNAUTHORIZED DIS4 CLOSURE OF DATA.—Any individual who will5 fully discloses a personal identifier (such as a 

6 name or social security number) provided under 

7 this paragraph, in any manner to an entity not 

8 entitled to receive the data or information, shall 

9 be fined under title 18, United States Code, im10 prisoned not more than 5 years, or both.’’. 

11 Subtitle B—Child Support 

12 Enforcement Task Force 

13 SEC. 321. CHILD SUPPORT ENFORCEMENT TASK FORCE. 

14 (a) ESTABLISHMENT.—There is established in the ex15 ecutive branch a task force to be known as the Child Sup16 port Enforcement Task Force (referred to in this section 

17 as the ‘‘Task Force’’). 

18 (b) MEMBERSHIP.— 

19 (1) COMPOSITION.—The Task Force shall be 

20 composed of 15 members consisting of— 

21 (A) the Assistant Secretary of the Admin22 istration for Children and Families of the De23 partment of Health and Human Services; 

24 (B) 5 members appointed by the Senate, of 

25 which— 


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1 (i) 1 shall be appointed by the Major2 ity Leader of the Senate; 

3 (ii) 1 shall be appointed by the Minor4 ity Leader of the Senate; 

5 (iii) 1 shall be appointed by the Chair6 man of the Committee on Finance of the 

7 Senate; 

8 (iv) 1 shall be appointed by the Rank9 ing Member of the Committee on Finance 

10 of the Senate; and 

11 (v) 1 shall be jointly appointed by the 

12 Chairman and Ranking Member of the 

13 Committee on Finance of the Senate; 

14 (C) 5 members appointed by the House of 

15 Representatives, of which— 

16 (i) 1 shall be appointed by the Speak17 er of the House of Representatives; 

18 (ii) 1 shall be appointed by the Minor19 ity Leader of the House of Representa20 tives; 

21 (iii) 1 shall be appointed by the Chair22 man of the Committee on Ways and Means 

23 of the House of Representatives; 

24 (iv) 1 shall be appointed by the Rank25 ing Member of the Committee on Ways 


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1 and Means of the House of Representa2 tives; and 

3 (v) 1 shall be jointly appointed by the 

4 Chairman and Ranking Member of the 

5 Committee on Ways and Means of the 

6 House of Representatives; and 

7 (D) 4 members appointed by the Presi8 dent. 

9 (2) DATE.—The appointments of the members 

10 of the Task Force shall be made not later than 6 

11 months after the date of enactment of this Act. 

12 (3) EXPERTISE.—The membership of the Task 

13 Force shall consist of individuals who are knowledge14 able on issues regarding child support and related 

15 activities. 

16 (4) PERIOD OF APPOINTMENT; VACANCIES.— 

17 Members shall be appointed for the life of the Task 

18 Force. A vacancy in the Task Force shall be filled 

19 in the manner in which the original appointment was 

20 made and shall not affect the powers or duties of the 

21 Task Force. 

22 (5) QUORUM.— 

23 (A) IN GENERAL.—A majority of the Task 

24 Force shall constitute a quorum, but a lesser 

25 number of members may hold hearings. 


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1 (B) REPORT.—The Task Force may not 

2 submit the report required under subsection (c) 

3 until all of the members have been appointed. 

4 (6) MEETINGS.— 

5 (A) INITIAL MEETING.—Not later than 30 

6 days after the Task Force has a majority, the 

7 Task Force shall hold its first meeting. 

8 (B) CHAIRPERSON AND VICE CHAIR9 PERSON.—During the first meeting of the Task 

10 Force, the Task Force shall select a Chair11 person and Vice Chairperson from among the 

12 members appointed as of the date of the meet13 ing. 

14 (C) OTHER MEETINGS.—Following the 

15 first meeting of the Task Force, any subsequent 

16 meetings shall be at the call of the Chairperson 

17 or Vice Chairperson. 

18 (D) PUBLIC MEETINGS.—In addition to 

19 any other meetings held by the Task Force, the 

20 Task Force shall hold at least 3 meetings that 

21 are open to the public and preceded by timely 

22 public notice in the Federal Register of the 

23 time, place, and subject of the meeting. At least 

24 one public meeting of the Task Force shall 

25 focus on issues relevant to family courts or 


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1 other State or local courts with responsibility 

2 for conducting or supervising proceedings relat3 ing to child support enforcement, child welfare, 

4 or social services for children and their families. 

5 At the public meetings of the Task Force, sub6 ject to such requirements and limitations as are 

7 determined appropriate by the Chairperson, ap8 pearances may be made and oral and written 

9 statements given by members of the public and 

10 the Task Force shall engage, at a minimum, 

11 with the following groups: 

12 (i) Administrators of State child sup13 port programs. 

14 (ii) Judges who preside over family 

15 courts or other State or local courts with 

16 responsibility for conducting or supervising 

17 proceedings relating to child support en18 forcement, child welfare, or social services 

19 for children and their families, and organi20 zations that represent such judges. 

21 (iii) Custodial parents and organiza22 tions that represent such parents. 

23 (iv) Noncustodial parents and organi24 zations that represent such parents. 


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1 (v) Organizations that represent fidu2 ciary entities that are affected by child 

3 support enforcement policies. 

4 (7) COMPENSATION.—Members of the Task 

5 Force— 

6 (A) shall not receive compensation for 

7 service on the Task Force; and 

8 (B) shall be allowed travel expenses, in9 cluding per diem in lieu of subsistence, at rates 

10 authorized for employees of agencies under sub11 chapter I of chapter 57 of title 5, United States 

12 Code, while away from their homes or regular 

13 places of business in the performance of service 

14 for the Task Force. 

15 (c) REPORT TO CONGRESS.—Not later than January 

16 1, 2016, the Task Force shall prepare and submit a report 

17 to Congress that contains the Task Force’s findings and 

18 recommendations for improvements in child support en19 forcement. The report shall include the following: 

20 (1) An evaluation of the effectiveness of exist21 ing child support enforcement programs and collec22 tion practices employed by State agencies admin23 istering programs under part D of title IV of the So24 cial Security Act (42 U.S.C. 651 et seq.) and an 

25 analysis of the extent to which such practices result 


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1 in any unintended consequences or performance 

2 issues associated with such programs and practices. 

3 (2) Recommendations for methods to enhance 

4 the effectiveness of child support enforcement pro5 grams and collection practices. 

6 (3) An analysis of the feasibility of the estab7 lishment of a centralized lien registry by each State 

8 to contain all liens placed against real and personal 

9 property for overdue child support that would ensure 

10 access to and sharing of registry data among all nec11 essary entities and individuals prior to any sale or 

12 distribution of property or funds. 

13 (4) A compilation of State recovery and dis14 tribution policies. 

15 (5) Recommendations for methods to foster en16 gagement by fathers in their children’s lives through 

17 consideration of parental time and visitation with 

18 children. 

19 (6) An analysis of the role for alternative dis20 pute resolution in making child support determina21 tions. 

22 (7) Identification of best practices for— 

23 (A) determining which services and sup24 port programs available to custodial and non25 custodial parents are non-duplicative, evidencedVerDate Mar 15 2010 04:14 Dec 20, 2013 Jkt 039200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\S1870.PCS S1870

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1 based, and produce quality outcomes, and con2 necting custodial and noncustodial parents to 

3 those services and support programs; 

4 (B) providing employment support, job 

5 training, and job placement for custodial and 

6 noncustodial parents; and 

7 (C) establishing services, supports, and 

8 child support payment tracking for noncustodial 

9 parents, including options for the prevention of, 

10 and intervention on, uncollectible arrearages, 

11 such as retroactive obligations and Medicaid 

12 birthing costs. 

13 (8) Recommendations for methods for States to 

14 use to collect child support payments from individ15 uals who owe excessive arrearages as determined 

16 under section 454(31) of the Social Security Act (42 

17 U.S.C. 654(31)). 

18 (9) Recommendations for such legislative and 

19 administrative actions as the Task Force determines 

20 appropriate for improvement in child support en21 forcement. 

22 (d) POWERS OF THE TASK FORCE.— 

23 (1) HEARINGS.— 

24 (A) IN GENERAL.—The Task Force may 

25 hold such hearings, sit, and act at such times 


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1 and places, take such testimony, and receive 

2 such evidence as the Task Force considers ad3 visable to carry out this section. 

4 (B) INFORMATION FROM FEDERAL AGEN5 CIES.—The Task Force may secure directly 

6 from any Federal agency such information as 

7 the Task Force considers necessary to carry out 

8 this section. Upon request of the Chairperson, 

9 the head of such agency shall furnish such in10 formation to the Task Force. 

11 (2) RULES.—For the purposes of carrying out 

12 its duties in preparing the report required under 

13 subsection (c), the Task Force may adopt such rules 

14 for its organization and procedures as it determines 

15 appropriate. 

16 (3) POSTAL SERVICES.—The Task Force may 

17 use the United States mails in the same manner and 

18 under the same conditions as other agencies of the 

19 Federal Government. 

20 (4) DONATIONS AND VOLUNTEERS.—The Task 

21 Force may accept, use, and dispose of donations of 

22 money and property and may accept such volunteer 

23 services of individuals as it determines appropriate. 

24 (5) PERSONNEL MATTERS.— 


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1 (A) STAFF.—The Chairperson may, with2 out regard to the civil service laws and regula3 tions, appoint and terminate an executive direc4 tor and such other additional employees as may 

5 be necessary to enable the Task Force to per6 form its duties. The employment of an executive 

7 director shall be subject to confirmation by the 

8 Task Force. 

9 (B) COMPENSATION.—The Chairperson 

10 may fix the compensation of the executive direc11 tor and other employees of the Task Force 

12 without regard to chapter 51 and subchapter 

13 III of chapter 53 of title 5, United States Code, 

14 relating to classification of positions and Gen15 eral Schedule pay rates, except that the rate of 

16 pay for the executive director and other per17 sonnel may not exceed the rate payable for level 

18 V of the Executive Schedule under section 5316 

19 of such title. 

20 (C) DETAIL OF GOVERNMENT EMPLOY21 EES.—Any Federal Government employee may 

22 be detailed to the Task Force without reim23 bursement, and such detail shall be without 

24 interruption or loss of civil service status, bene25 fits, or privilege. 


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1 (D) TEMPORARY AND INTERMITTENT

2 SERVICES.—The Chairperson may procure tem3 porary and intermittent services under section 

4 3109(b) of title 5, United States Code, at rates 

5 for individuals which do not exceed the daily 

6 equivalent of the annual rate of basic pay pre7 scribed for level V of the Executive Schedule 

8 under section 5316 of such title. 

9 (e) TERMINATION.—The Task Force shall terminate 

10 60 days after submission of the report required under sub11 section (c). 

12 (f) FUNDING.— 

13 (1) IN GENERAL.—From the unobligated bal14 ance of funds made available to carry out section 

15 414 of the Social Security Act (42 U.S.C. 614), 

16 $2,000,000 of such funds are hereby transferred and 

17 made available to carry out this section. Amounts 

18 transferred and made available to carry out this sec19 tion shall remain available through fiscal year 2016 

20 and shall not be subject to reduction under a seques21 tration order issued under the Balanced Budget and 

22 Emergency Deficit Control Act of 1985 (2 U.S.C. 

23 900 et seq.). 

24 (2) UNOBLIGATED AMOUNTS.—Any amounts 

25 made available to carry out this section that are unVerDate Mar 15 2010 04:14 Dec 20, 2013 Jkt 039200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\S1870.PCS S1870

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1 obligated on the date of the termination of the Task 

2 Force under subsection (e) shall be returned to the 

3 Treasury of the United States . 

4 (g) ADMINISTRATION.— 

5 (1) IN GENERAL.—Upon the request of the 

6 Task Force, the Secretary of Health and Human 

7 Services shall provide to the Task Force, on a reim8 bursable basis, the administrative support services 

9 necessary for the Task Force to carry out its respon10 sibilities under this Act. These administrative serv11 ices may include human resource management, 

12 budget, leasing, accounting, and payroll services. 

13 (2) TRAVEL EXPENSES.—The members of the 

14 Task Force shall be allowed travel expenses, includ15 ing per diem in lieu of subsistence, at rates author16 ized for employees of agencies under subchapter I of 

17 chapter 57 of title 5, United States Code, while 

18 away from their homes or regular places of business 

19 in the performance of services for the Task Force. 

20 Subtitle C—Effective Dates 

21 SEC. 331. EFFECTIVE DATES. 

22 (a) IN GENERAL.—Except as provided in subsection 

23 (b), this title and the amendments made by this title take 

24 effect on the date of enactment of this Act. 

25 (b) EXCEPTIONS.— 


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1 (1) UIFSA STATE LAW REQUIREMENTS; PAR2 ENTING TIME ARRANGEMENTS.— 

3 (A) IN GENERAL.—Subject to subpara4 graph (B), the amendments made by sections 

5 311(f) and 314(a) take effect on October 1, 

6 2014. 

7 (B) DELAY.—In the case of a State plan 

8 under part D of title IV of the Social Security 

9 Act (42 U.S.C. 651 et seq.) which the Secretary 

10 of Health and Human Services determines re11 quires State legislation or State regulation in 

12 order for the plan to meet the additional re13 quirements imposed by the amendments made 

14 by sections 311(f) and 314(a), the State plan 

15 shall not be regarded as failing to comply with 

16 the requirements of such sections solely on the 

17 basis of its failure to meet these additional re18 quirements before the first day of the first cal19 endar quarter beginning after the close of the 

20 first regular session of the State legislature that 

21 begins after the date of enactment of this Act. 

22 For purposes of the previous sentence, in the 

23 case of a State that has a 2-year legislative ses24 sion, each year of the session is considered to 


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1 be a separate regular session of the State legis2 lature. 

3 (2) RELIEF FROM PASSPORT SANCTIONS; CHILD

4 SUPPORT ENFORCEMENT PROGRAMS FOR INDIAN

5 TRIBES.—The amendments made by sections 312 

6 and 313 shall take effect on the date that is 1 year 

7 after the date of enactment of this Act. 

8 TITLE IV—BUDGETARY EFFECTS 

9 SEC. 401. DETERMINATION OF BUDGETARY EFFECTS. 

10 The budgetary effects of this Act, for the purpose of 

11 complying with the Statutory Pay-As-You-Go Act of 2010, 

12 shall be determined by reference to the latest statement 

13 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

14 Act, submitted for printing in the Congressional Record 

15 by the Chairman of the Senate Budget Committee, pro16 vided that such statement has been submitted prior to the 

17 vote on passage. 


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Calendar No. 279 

113TH CONGRESS 

1ST SESSION S. 1870 

A BILL 

To reauthorize and restructure adoption incentive 

poses. child support for children, and for other purof sex trafficking, to increase the reliability of and serve the needs of children who are victims agencies to prevent sex trafficking of children payments, to better enable State child welfare 

DECEMBER 19, 2013 

Read twice and placed on the calendar 


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