II 

113TH CONGRESS 

2D SESSION H. R. 4980 

IN THE SENATE OF THE UNITED STATES 

JULY 24, 2014 

Received 

AN ACT 

To prevent and address sex trafficking of children in foster 

care, to extend and improve adoption incentives, and 

to improve international child support recovery. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Preventing Sex Traf3 ficking and Strengthening Families Act’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

TITLE I—PROTECTING CHILDREN AND YOUTH AT RISK OF SEX 

TRAFFICKING 

Subtitle A—Identifying and Protecting Children and Youth at Risk of Sex 

Trafficking 

Sec. 101. Identifying, documenting, and determining services for children and 

youth at risk of sex trafficking. 

Sec. 102. Reporting instances of sex trafficking. 

Sec. 103. Including sex trafficking data in the Adoption and Foster Care Analysis and Reporting System. 

Sec. 104. Locating and responding to children who run away from foster care. 

Sec. 105. Increasing information on children in foster care to prevent sex trafficking. 

Subtitle B—Improving Opportunities for Children in Foster Care and 

Supporting Permanency 

Sec. 111. Supporting normalcy for children in foster care. 

Sec. 112. Improving another planned permanent living arrangement as a permanency option. 

Sec. 113. Empowering foster children age 14 and older in the development of 

their own case plan and transition planning for a successful 

adulthood. 

Sec. 114. Ensuring foster children have a birth certificate, Social Security card, 

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

Sec. 115. Information on children in foster care in annual reports using 

AFCARS data; consultation. 

Subtitle C—National Advisory Committee 

Sec. 121. Establishment of a national advisory committee on the sex trafficking 

of children and youth in the United States. 

TITLE II—IMPROVING ADOPTION INCENTIVES AND EXTENDING 

FAMILY CONNECTION GRANTS 

Subtitle A—Improving Adoption Incentive Payments 

Sec. 201. Extension of program through fiscal year 2016. 

Sec. 202. Improvements to award structure. 

Sec. 203. Renaming of program. 


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Sec. 204. Limitation on use of incentive payments. 

Sec. 205. Increase in period for which incentive payments are available for expenditure. 

Sec. 206. State report on calculation and use of savings resulting from the 

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

Sec. 207. Preservation of eligibility for kinship guardianship assistance payments with a successor guardian. 

Sec. 208. Data collection on adoption and legal guardianship disruption and 

dissolution. 

Sec. 209. Encouraging the placement of children in foster care with siblings. 

Sec. 210. Effective dates. 

Subtitle B—Extending the Family Connection Grant Program 

Sec. 221. Extension of family connection grant program. 

TITLE III—IMPROVING INTERNATIONAL CHILD SUPPORT 

RECOVERY 

Sec. 301. Amendments to ensure access to child support services for international child support cases. 

Sec. 302. Child support enforcement programs for Indian tribes. 

Sec. 303. Sense of the Congress regarding offering of voluntary parenting time 

arrangements. 

Sec. 304. Data exchange standardization for improved interoperability. 

Sec. 305. Report to Congress. 

Sec. 306. Required electronic processing of income withholding. 

TITLE IV—BUDGETARY EFFECTS 

Sec. 401. Determination of budgetary effects. 

1 SEC. 3. REFERENCES. 

2 Except as otherwise expressly provided in this Act, 

3 wherever in this Act an amendment is expressed in terms 

4 of an amendment to a section or other provision, the 

5 amendment shall be considered to be made to a section 

6 or other provision of the Social Security Act. 


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1 TITLE I—PROTECTING CHIL2 DREN AND YOUTH AT RISK OF 

3 SEX TRAFFICKING 

4 Subtitle A—Identifying and Pro5 tecting Children and Youth at 

6 Risk of Sex Trafficking 

7 SEC. 101. IDENTIFYING, DOCUMENTING, AND DETER8 MINING SERVICES FOR CHILDREN AND 

9 YOUTH AT RISK OF SEX TRAFFICKING. 

10 (a) IN GENERAL.—Section 471(a)(9) (42 U.S.C. 

11 671(a)(9)) is amended— 

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

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

14 after the semicolon; and 

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

16 ‘‘(C) not later than— 

17 ‘‘(i) 1 year after the date of enact18 ment of this subparagraph, demonstrate to 

19 the Secretary that the State agency has 

20 developed, in consultation with State and 

21 local law enforcement, juvenile justice sys22 tems, health care providers, education 

23 agencies, and organizations with experience 

24 in dealing with at-risk children and youth, 

25 policies and procedures (including relevant 


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1 training for caseworkers) for identifying, 

2 documenting in agency records, and deter3 mining appropriate services with respect 

4 to— 

5 ‘‘(I) any child or youth over 

6 whom the State agency has responsi7 bility for placement, care, or super8 vision and who the State has reason9 able cause to believe is, or is at risk 

10 of being, a sex trafficking victim (in11 cluding children for whom a State 

12 child welfare agency has an open case 

13 file but who have not been removed 

14 from the home, children who have run 

15 away from foster care and who have 

16 not attained 18 years of age or such 

17 older age as the State has elected 

18 under section 475(8) of this Act, and 

19 youth who are not in foster care but 

20 are receiving services under section 

21 477 of this Act); and 

22 ‘‘(II) at the option of the State, 

23 any individual who has not attained 

24 26 years of age, without regard to 

25 whether the individual is or was in 


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1 foster care under the responsibility of 

2 the State; and 

3 ‘‘(ii) 2 years after such date of enact4 ment, demonstrate to the Secretary that 

5 the State agency is implementing the poli6 cies and procedures referred to in clause 

7 (i).’’. 

8 (b) DEFINITION OF SEX TRAFFICKING VICTIM.— 

9 Section 475 (42 U.S.C. 675) is amended by adding at the 

10 end the following: 

11 ‘‘(9) The term ‘sex trafficking victim’ means a 

12 victim of— 

13 ‘‘(A) sex trafficking (as defined in section 

14 103(10) of the Trafficking Victims Protection 

15 Act of 2000); or 

16 ‘‘(B) a severe form of trafficking in per17 sons described in section 103(9)(A) of such 

18 Act.’’. 

19 SEC. 102. REPORTING INSTANCES OF SEX TRAFFICKING. 

20 (a) STATE PLAN REQUIREMENTS.—Section 471(a) 

21 (42 U.S.C. 671(a)) is amended— 

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

23 (32); 

24 (2) by striking the period at the end of para25 graph (33) and inserting a semicolon; and 


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

2 ‘‘(34) provides that, for each child or youth de3 scribed in paragraph (9)(C)(i)(I), the State agency 

4 shall— 

5 ‘‘(A) not later than 2 years after the date 

6 of the enactment of this paragraph, report im7 mediately, and in no case later than 24 hours 

8 after receiving information on children or youth 

9 who have been identified as being a sex traf10 ficking victim, to the law enforcement authori11 ties; and 

12 ‘‘(B) not later than 3 years after such date 

13 of enactment and annually thereafter, report to 

14 the Secretary the total number of children and 

15 youth who are sex trafficking victims.’’. 

16 (b) DUTIES OF THE SECRETARY.—Section 471 (42 

17 U.S.C. 671) is amended by adding at the end the fol18 lowing: 

19 ‘‘(d) ANNUAL REPORTS BY THE SECRETARY ON

20 NUMBER OF CHILDREN AND YOUTH REPORTED BY

21 STATES TO BE SEX TRAFFICKING VICTIMS.—Not later 

22 than 4 years after the date of the enactment of this sub23 section and annually thereafter, the Secretary shall report 

24 to the Congress and make available to the public on the 

25 Internet website of the Department of Health and Human 


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1 Services the number of children and youth reported in ac2 cordance with subsection (a)(34)(B) of this section to be 

3 sex trafficking victims (as defined in section 475(9)(A)).’’. 

4 SEC. 103. INCLUDING SEX TRAFFICKING DATA IN THE 

5 ADOPTION AND FOSTER CARE ANALYSIS AND 

6 REPORTING SYSTEM. 

7 Section 479(c)(3) (42 U.S.C. 679(c)(3)) is amend8 ed— 

9 (1) in subparagraph (C)(iii), by striking ‘‘and’’ 

10 after the comma; and 

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

12 ‘‘(E) the annual number of children in fos13 ter care who are identified as sex trafficking 

14 victims— 

15 ‘‘(i) who were such victims before en16 tering foster care; and 

17 ‘‘(ii) who were such victims while in 

18 foster care; and’’. 

19 SEC. 104. LOCATING AND RESPONDING TO CHILDREN WHO 

20 RUN AWAY FROM FOSTER CARE. 

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

22 section 102(a) of this Act, is amended— 

23 (1) by striking the period at the end of para24 graph (34) and inserting ‘‘; and’’; and 

25 (2) by adding at the end the following: 


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1 ‘‘(35) provides that— 

2 ‘‘(A) not later than 1 year after the date 

3 of the enactment of this paragraph, the State 

4 shall develop and implement specific protocols 

5 for— 

6 ‘‘(i) expeditiously locating any child 

7 missing from foster care; 

8 ‘‘(ii) determining the primary factors 

9 that contributed to the child’s running 

10 away or otherwise being absent from care, 

11 and to the extent possible and appropriate, 

12 responding to those factors in current and 

13 subsequent placements; 

14 ‘‘(iii) determining the child’s experi15 ences while absent from care, including 

16 screening the child to determine if the 

17 child is a possible sex trafficking victim (as 

18 defined in section 475(9)(A)); and 

19 ‘‘(iv) reporting such related informa20 tion as required by the Secretary; and 

21 ‘‘(B) not later than 2 years after such date 

22 of enactment, for each child and youth de23 scribed in paragraph (9)(C)(i)(I) of this sub24 section, the State agency shall report imme25 diately, and in no case later than 24 hours after 


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1 receiving, information on missing or abducted 

2 children or youth to the law enforcement au3 thorities for entry into the National Crime In4 formation Center (NCIC) database of the Fed5 eral Bureau of Investigation, established pursu6 ant to section 534 of title 28, United States 

7 Code, and to the National Center for Missing 

8 and Exploited Children.’’. 

9 SEC. 105. INCREASING INFORMATION ON CHILDREN IN 

10 FOSTER CARE TO PREVENT SEX TRAF11 FICKING. 

12 Not later than 2 years after the date of the enact13 ment of this Act, the Secretary of Health and Human 

14 Services shall submit to the Congress a written report 

15 which summarizes the following: 

16 (1) Information on children who run away from 

17 foster care and their risk of becoming sex trafficking 

18 victims, using data reported by States under section 

19 479 of the Social Security Act and information col20 lected by States related to section 471(a)(35) of 

21 such Act, including— 

22 (A) characteristics of children who run 

23 away from foster care; 

24 (B) potential factors associated with chil25 dren running away from foster care (such as 


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1 reason for entry into care, length of stay in 

2 care, type of placement, and other factors that 

3 contributed to the child’s running away); 

4 (C) information on children’s experiences 

5 while absent from care; and 

6 (D) trends in the number of children re7 ported as runaways in each fiscal year (includ8 ing factors that may have contributed to 

9 changes in such trends). 

10 (2) Information on State efforts to provide spe11 cialized services, foster family homes, child care in12 stitutions, or other forms of placement for children 

13 who are sex trafficking victims. 

14 (3) Information on State efforts to ensure chil15 dren in foster care form and maintain long-lasting 

16 connections to caring adults, even when a child in 

17 foster care must move to another foster family home 

18 or when the child is placed under the supervision of 

19 a new caseworker. 


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1 Subtitle B—Improving Opportuni2 ties for Children in Foster Care 

3 and Supporting Permanency 

4 SEC. 111. SUPPORTING NORMALCY FOR CHILDREN IN FOS5 TER CARE. 

6 (a) REASONABLE AND PRUDENT PARENT STAND7 ARD.— 

8 (1) DEFINITIONS RELATING TO THE STAND9 ARD.—Section 475 (42 U.S.C. 675), as amended by 

10 section 101(b) of this Act, is amended by adding at 

11 the end the following: 

12 ‘‘(10)(A) The term ‘reasonable and prudent 

13 parent standard’ means the standard characterized 

14 by careful and sensible parental decisions that main15 tain the health, safety, and best interests of a child 

16 while at the same time encouraging the emotional 

17 and developmental growth of the child, that a care18 giver shall use when determining whether to allow a 

19 child in foster care under the responsibility of the 

20 State to participate in extracurricular, enrichment, 

21 cultural, and social activities. 

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

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

24 child in foster care has been placed or a designated 


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1 official for a child care institution in which a child 

2 in foster care has been placed. 

3 ‘‘(11)(A) The term ‘age or developmentally-ap4 propriate’ means— 

5 ‘‘(i) activities or items that are generally 

6 accepted as suitable for children of the same 

7 chronological age or level of maturity or that 

8 are determined to be developmentally-appro9 priate for a child, based on the development of 

10 cognitive, emotional, physical, and behavioral 

11 capacities that are typical for an age or age 

12 group; and 

13 ‘‘(ii) in the case of a specific child, activi14 ties or items that are suitable for the child 

15 based on the developmental stages attained by 

16 the child with respect to the cognitive, emo17 tional, physical, and behavioral capacities of the 

18 child. 

19 ‘‘(B) In the event that any age-related activities 

20 have implications relative to the academic cur21 riculum of a child, nothing in this part or part B 

22 shall be construed to authorize an officer or em23 ployee of the Federal Government to mandate, di24 rect, or control a State or local educational agency, 

25 or the specific instructional content, academic 


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1 achievement standards and assessments, curriculum, 

2 or program of instruction of a school.’’. 

3 (2) STATE PLAN REQUIREMENT.—Section 

4 471(a)(24) (42 U.S.C. 671(a)(24)) is amended— 

5 (A) by striking ‘‘include’’ and inserting 

6 ‘‘includes’’; 

7 (B) by striking ‘‘and that such prepara8 tion’’ and inserting ‘‘that the preparation’’; and 

9 (C) by inserting ‘‘, and that the prepara10 tion shall include knowledge and skills relating 

11 to the reasonable and prudent parent standard 

12 for the participation of the child in age or de13 velopmentally-appropriate activities, including 

14 knowledge and skills relating to the develop15 mental stages of the cognitive, emotional, phys16 ical, and behavioral capacities of a child, and 

17 knowledge and skills relating to applying the 

18 standard to decisions such as whether to allow 

19 the child to engage in social, extracurricular, 

20 enrichment, cultural, and social activities, in21 cluding sports, field trips, and overnight activi22 ties lasting 1 or more days, and to decisions in23 volving the signing of permission slips and ar24 ranging of transportation for the child to and 


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1 from extracurricular, enrichment, and social ac2 tivities’’ before the semicolon. 

3 (3) TECHNICAL ASSISTANCE.—The Secretary of 

4 Health and Human Services shall provide assistance 

5 to the States on best practices for devising strategies 

6 to assist foster parents in applying a reasonable and 

7 prudent parent standard in a manner that protects 

8 child safety, while also allowing children to experi9 ence normal and beneficial activities, including meth10 ods for appropriately considering the concerns of the 

11 biological parents of a child in decisions related to 

12 participation of the child in activities (with the un13 derstanding that those concerns should not nec14 essarily determine the participation of the child in 

15 any activity). 

16 (b) NORMALCY FOR CHILDREN IN CHILD CARE IN17 STITUTIONS.—Section 471(a)(10) (42 U.S.C. 671(a)(10)) 

18 is amended to read as follows: 

19 ‘‘(10) provides— 

20 ‘‘(A) for the establishment or designation 

21 of a State authority or authorities that shall be 

22 responsible for establishing and maintaining 

23 standards for foster family homes and child 

24 care institutions which are reasonably in accord 

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1 nizations concerned with standards for the in2 stitutions or homes, including standards related 

3 to admission policies, safety, sanitation, and 

4 protection of civil rights, and which shall permit 

5 use of the reasonable and prudent parenting 

6 standard; 

7 ‘‘(B) that the standards established pursu8 ant to subparagraph (A) shall be applied by the 

9 State to any foster family home or child care 

10 institution receiving funds under this part or 

11 part B and shall require, as a condition of each 

12 contract entered into by a child care institution 

13 to provide foster care, the presence on-site of at 

14 least 1 official who, with respect to any child 

15 placed at the child care institution, is des16 ignated to be the caregiver who is authorized to 

17 apply the reasonable and prudent parent stand18 ard to decisions involving the participation of 

19 the child in age or developmentally-appropriate 

20 activities, and who is provided with training in 

21 how to use and apply the reasonable and pru22 dent parent standard in the same manner as 

23 prospective foster parents are provided the 

24 training pursuant to paragraph (24); 


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1 ‘‘(C) that the standards established pursu2 ant to subparagraph (A) shall include policies 

3 related to the liability of foster parents and pri4 vate entities under contract by the State involv5 ing the application of the reasonable and pru6 dent parent standard, to ensure appropriate li7 ability for caregivers when a child participates 

8 in an approved activity and the caregiver ap9 proving the activity acts in accordance with the 

10 reasonable and prudent parent standard; and 

11 ‘‘(D) that a waiver of any standards estab12 lished pursuant to subparagraph (A) may be 

13 made only on a case-by-case basis for nonsafety 

14 standards (as determined by the State) in rel15 ative foster family homes for specific children in 

16 care;’’. 

17 (c) SUPPORTING PARTICIPATION IN AGE-APPRO18 PRIATE ACTIVITIES.— 

19 (1) Section 477(a) (42 U.S.C. 677(a)) is 

20 amended— 

21 (A) by striking ‘‘and’’ at the end of para22 graph (6); 

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

24 paragraph (7) and inserting ‘‘; and’’; and 

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


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1 ‘‘(8) to ensure children who are likely to remain 

2 in foster care until 18 years of age have regular, on3 going opportunities to engage in age or develop4 mentally-appropriate activities as defined in section 

5 475(11).’’. 

6 (2) Section 477(h)(1) (42 U.S.C. 677(h)(1)) is 

7 amended by inserting ‘‘or, beginning in fiscal year 

8 2020, $143,000,000’’ after ‘‘$140,000,000’’. 

9 (d) EFFECTIVE DATE.— 

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

11 this section shall take effect on the date that is 1 

12 year after the date of the enactment of this Act. 

13 (2) DELAY PERMITTED IF STATE LEGISLATION

14 REQUIRED.—If the Secretary of Health and Human 

15 Services determines that State legislation (other 

16 than legislation appropriating funds) is required in 

17 order for a State plan developed pursuant to part E 

18 of title IV of the Social Security Act to meet the ad19 ditional requirements imposed by the amendments 

20 made by this section, the plan shall not be regarded 

21 as failing to meet any of the additional requirements 

22 before the 1st day of the 1st calendar quarter begin23 ning after the 1st regular session of the State legis24 lature that begins after the date of the enactment of 

25 this Act. If the State has a 2-year legislative session, 


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1 each year of the session is deemed to be a separate 

2 regular session of the State legislature. 

3 SEC. 112. IMPROVING ANOTHER PLANNED PERMANENT 

4 LIVING ARRANGEMENT AS A PERMANENCY 

5 OPTION. 

6 (a) ELIMINATION OF ANOTHER PLANNED PERMA7 NENT LIVING ARRANGEMENT FOR CHILDREN UNDER

8 AGE 16.— 

9 (1) IN GENERAL.—Section 475(5)(C)(i) (42 

10 U.S.C. 675(5)(C)(i)) is amended by inserting ‘‘only 

11 in the case of a child who has attained 16 years of 

12 age’’ before ‘‘(in cases where’’. 

13 (2) CONFORMING AMENDMENT.—Section 

14 422(b)(8)(A)(iii)(II) (42 U.S.C. 

15 622(b)(8)(A)(iii)(II)) is amended by inserting ‘‘, 

16 subject to the requirements of sections 475(5)(C) 

17 and 475A(a)’’ after ‘‘arrangement’’. 

18 (3) DELAYED APPLICABILITY WITH RESPECT

19 TO CERTAIN CHILDREN.—In the case of children in 

20 foster care under the responsibility of an Indian 

21 tribe, tribal organization, or tribal consortium (ei22 ther directly or under supervision of a State), the 

23 amendments made by this subsection shall not apply 

24 until the date that is 3 years after the date of the 

25 enactment of this Act. 


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1 (b) ADDITIONAL REQUIREMENTS.— 

2 (1) IN GENERAL.—Part E of title IV (42 

3 U.S.C. 670 et seq.) is amended by inserting after 

4 section 475 the following: 

5 ‘‘SEC. 475A. ADDITIONAL CASE PLAN AND CASE REVIEW 

6 SYSTEM REQUIREMENTS. 

7 ‘‘(a) REQUIREMENTS FOR ANOTHER PLANNED PER8 MANENT LIVING ARRANGEMENT.—In the case of any 

9 child for whom another planned permanent living arrange10 ment is the permanency plan determined for the child 

11 under section 475(5)(C), the following requirements shall 

12 apply for purposes of approving the case plan for the child 

13 and the case system review procedure for the child: 

14 ‘‘(1) DOCUMENTATION OF INTENSIVE, ONGO15 ING, UNSUCCESSFUL EFFORTS FOR FAMILY PLACE16 MENT.—At each permanency hearing held with re17 spect to the child, the State agency documents the 

18 intensive, ongoing, and, as of the date of the hear19 ing, unsuccessful efforts made by the State agency 

20 to return the child home or secure a placement for 

21 the child with a fit and willing relative (including 

22 adult siblings), a legal guardian, or an adoptive par23 ent, including through efforts that utilize search 

24 technology (including social media) to find biological 

25 family members for the children. 


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1 ‘‘(2) REDETERMINATION OF APPROPRIATENESS

2 OF PLACEMENT AT EACH PERMANENCY HEARING.— 

3 The State agency shall implement procedures to en4 sure that, at each permanency hearing held with re5 spect to the child, the court or administrative body 

6 appointed or approved by the court conducting the 

7 hearing on the permanency plan for the child does 

8 the following: 

9 ‘‘(A) Ask the child about the desired per10 manency outcome for the child. 

11 ‘‘(B) Make a judicial determination ex12 plaining why, as of the date of the hearing, an13 other planned permanent living arrangement is 

14 the best permanency plan for the child and pro15 vide compelling reasons why it continues to not 

16 be in the best interests of the child to— 

17 ‘‘(i) return home; 

18 ‘‘(ii) be placed for adoption; 

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

20 or 

21 ‘‘(iv) be placed with a fit and willing 

22 relative. 

23 ‘‘(3) DEMONSTRATION OF SUPPORT FOR EN24 GAGING IN AGE OR DEVELOPMENTALLY-APPRO25 PRIATE ACTIVITIES AND SOCIAL EVENTS.—At each 


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1 permanency hearing held with respect to the child, 

2 the State agency shall document the steps the State 

3 agency is taking to ensure that— 

4 ‘‘(A) the child’s foster family home or child 

5 care institution is following the reasonable and 

6 prudent parent standard; and 

7 ‘‘(B) the child has regular, ongoing oppor8 tunities to engage in age or developmentally ap9 propriate activities (including by consulting 

10 with the child in an age-appropriate manner 

11 about the opportunities of the child to partici12 pate in the activities).’’. 

13 (2) CONFORMING AMENDMENTS.— 

14 (A) STATE PLAN REQUIREMENTS.— 

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

16 (42 U.S.C. 622(b)(8)(A)(ii)) is amended by 

17 inserting ‘‘and in accordance with the re18 quirements of section 475A’’ after ‘‘section 

19 475(5)’’. 

20 (ii) PART E.—Section 471(a)(16) (42 

21 U.S.C. 671(a)(16)) is amended— 

22 (I) by inserting ‘‘and in accord23 ance with the requirements of section 

24 475A’’ after ‘‘section 475(1)’’; and 


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1 (II) by striking ‘‘section 

2 475(5)(B)’’ and inserting ‘‘sections 

3 475(5) and 475A’’. 

4 (B) DEFINITIONS.—Section 475 (42 

5 U.S.C. 675) is amended— 

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

7 preceding subparagraph (A), by inserting 

8 ‘‘meets the requirements of section 475A 

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

10 (ii) in paragraph (5)— 

11 (I) in subparagraph (B), by add12 ing at the end the following ‘‘and, for 

13 a child for whom another planned per14 manent living arrangement has been 

15 determined as the permanency plan, 

16 the steps the State agency is taking to 

17 ensure the child’s foster family home 

18 or child care institution is following 

19 the reasonable and prudent parent 

20 standard and to ascertain whether the 

21 child has regular, ongoing opportuni22 ties to engage in age or develop23 mentally appropriate activities (includ24 ing by consulting with the child in an 

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1 portunities of the child to participate 

2 in the activities);’’; and 

3 (II) in subparagraph (C)— 

4 (aa) by inserting ‘‘, as of the 

5 date of the hearing,’’ after ‘‘com6 pelling reason for determining’’; 

7 and 

8 (bb) by inserting ‘‘subject to 

9 section 475A(a),’’ after ‘‘another 

10 planned permanent living ar11 rangement,’’. 

12 (c) EFFECTIVE DATE.— 

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

14 this section shall take effect on the date that is 1 

15 year after the date of the enactment of this Act. 

16 (2) DELAY PERMITTED IF STATE LEGISLATION

17 REQUIRED.—If the Secretary of Health and Human 

18 Services determines that State legislation (other 

19 than legislation appropriating funds) is required in 

20 order for a State plan developed pursuant to part E 

21 of title IV of the Social Security Act to meet the ad22 ditional requirements imposed by the amendments 

23 made by this section, the plan shall not be regarded 

24 as failing to meet any of the additional requirements 

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1 ning after the 1st regular session of the State legis2 lature that begins after the date of the enactment of 

3 this Act. If the State has a 2-year legislative session, 

4 each year of the session is deemed to be a separate 

5 regular session of the State legislature. 

6 SEC. 113. EMPOWERING FOSTER CHILDREN AGE 14 AND 

7 OLDER IN THE DEVELOPMENT OF THEIR 

8 OWN CASE PLAN AND TRANSITION PLANNING 

9 FOR A SUCCESSFUL ADULTHOOD. 

10 (a) IN GENERAL.—Section 475(1)(B) (42 U.S.C. 

11 675(1)(B)) is amended by adding at the end the following: 

12 ‘‘With respect to a child who has attained 14 years of age, 

13 the plan developed for the child in accordance with this 

14 paragraph, and any revision or addition to the plan, shall 

15 be developed in consultation with the child and, at the op16 tion of the child, with up to 2 members of the case plan17 ning team who are chosen by the child and who are not 

18 a foster parent of, or caseworker for, the child. A State 

19 may reject an individual selected by a child to be a mem20 ber of the case planning team at any time if the State 

21 has good cause to believe that the individual would not 

22 act in the best interests of the child. One individual se23 lected by a child to be a member of the child’s case plan24 ning team may be designated to be the child’s advisor and, 


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1 as necessary, advocate, with respect to the application of 

2 the reasonable and prudent parent standard to the child.’’. 

3 (b) CONFORMING AMENDMENTS TO INCLUDE CHIL4 DREN 14 AND OLDER IN TRANSITION PLANNING.—Sec5 tion 475 (42 U.S.C. 675) is amended— 

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

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

8 a child who has attained 14 years of age’’; and 

9 (2) in paragraph (5)— 

10 (A) in subparagraph (C)— 

11 (i) in clause (i), by striking ‘‘16’’ and 

12 inserting ‘‘14’’; 

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

14 clause (ii); and 

15 (iii) by adding at the end the fol16 lowing: ‘‘and (iv) if a child has attained 14 

17 years of age, the permanency plan devel18 oped for the child, and any revision or ad19 dition to the plan, shall be developed in 

20 consultation with the child and, at the op21 tion of the child, with not more than 2 

22 members of the permanency planning team 

23 who are selected by the child and who are 

24 not a foster parent of, or caseworker for, 

25 the child, except that the State may reject 


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1 an individual so selected by the child if the 

2 State has good cause to believe that the in3 dividual would not act in the best interests 

4 of the child, and 1 individual so selected by 

5 the child may be designated to be the 

6 child’s advisor and, as necessary, advocate, 

7 with respect to the application of the rea8 sonable and prudent standard to the 

9 child;’’; and 

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

11 and inserting ‘‘14’’. 

12 (c) TRANSITION PLANNING FOR A SUCCESSFUL

13 ADULTHOOD.—Paragraphs (1)(D), (5)(C)(i), and 

14 (5)(C)(iii) of section 475 (42 U.S.C. 675) are each amend15 ed by striking ‘‘independent living’’ and inserting ‘‘a suc16 cessful adulthood’’. 

17 (d) LIST OF RIGHTS.—Section 475A, as added by 

18 section 112(b)(1) of this Act, is amended by adding at 

19 the end the following: 

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

21 in foster care under the responsibility of the State who 

22 has attained 14 years of age shall include— 

23 ‘‘(1) a document that describes the rights of the 

24 child with respect to education, health, visitation, 

25 and court participation, the right to be provided with 


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1 the documents specified in section 475(5)(I) in ac2 cordance with that section, and the right to stay safe 

3 and avoid exploitation; and 

4 ‘‘(2) a signed acknowledgment by the child that 

5 the child has been provided with a copy of the docu6 ment and that the rights contained in the document 

7 have been explained to the child in an age-appro8 priate way.’’. 

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

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

11 Human Services shall submit a report to Congress regard12 ing the implementation of the amendments made by this 

13 section. The report shall include— 

14 (1) an analysis of how States are administering 

15 the requirements of paragraphs (1)(B) and (5)(C) of 

16 section 475 of the Social Security Act, as amended 

17 by subsections (a) and (b) of this section, that a 

18 child in foster care who has attained 14 years of age 

19 be permitted to select up to 2 members of the case 

20 planning team or permanency planning team for the 

21 child from individuals who are not a foster parent 

22 of, or caseworker for, the child; and 

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

24 respect to the administration of the requirements. 

25 (f) EFFECTIVE DATE.— 


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

2 this section shall take effect on the date that is 1 

3 year after the date of the enactment of this Act. 

4 (2) DELAY PERMITTED IF STATE LEGISLATION

5 REQUIRED.—If the Secretary of Health and Human 

6 Services determines that State legislation (other 

7 than legislation appropriating funds) is required in 

8 order for a State plan developed pursuant to part E 

9 of title IV of the Social Security Act to meet the ad10 ditional requirements imposed by the amendments 

11 made by this section, the plan shall not be regarded 

12 as failing to meet any of the additional requirements 

13 before the 1st day of the 1st calendar quarter begin14 ning after the 1st regular session of the State legis15 lature that begins after the date of the enactment of 

16 this Act. If the State has a 2-year legislative session, 

17 each year of the session is deemed to be a separate 

18 regular session of the State legislature. 


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1 SEC. 114. ENSURING FOSTER CHILDREN HAVE A BIRTH 

2 CERTIFICATE, SOCIAL SECURITY CARD, 

3 HEALTH INSURANCE INFORMATION, MED4 ICAL RECORDS, AND A DRIVER’S LICENSE OR 

5 EQUIVALENT STATE-ISSUED IDENTIFICATION 

6 CARD. 

7 (a) CASE REVIEW SYSTEM REQUIREMENT.—Section 

8 475(5)(I) (42 U.S.C. 675(5)(I)) is amended— 

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

10 inserting ‘‘receives assistance’’; and 

11 (2) by inserting ‘‘, and, if the child is leaving 

12 foster care by reason of having attained 18 years of 

13 age or such greater age as the State has elected 

14 under paragraph (8), unless the child has been in 

15 foster care for less than 6 months, is not discharged 

16 from care without being provided with (if the child 

17 is eligible to receive such document) an official or 

18 certified copy of the United States birth certificate 

19 of the child, a social security card issued by the 

20 Commissioner of Social Security, health insurance 

21 information, a copy of the child’s medical records, 

22 and a driver’s license or identification card issued by 

23 a State in accordance with the requirements of sec24 tion 202 of the REAL ID Act of 2005’’ before the 

25 period. 

26 (b) EFFECTIVE DATE.— 


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

2 this section shall take effect 1 year after the date of 

3 enactment of this Act. 

4 (2) DELAY PERMITTED IF STATE LEGISLATION

5 REQUIRED.—If the Secretary of Health and Human 

6 Services determines that State legislation (other 

7 than legislation appropriating funds) is required in 

8 order for a State plan developed pursuant to part E 

9 of title IV of the Social Security Act to meet the ad10 ditional requirements imposed by the amendments 

11 made by this section, the plan shall not be regarded 

12 as failing to meet any of the additional requirements 

13 before the 1st day of the 1st calendar quarter begin14 ning after the 1st regular session of the State legis15 lature that begins after the date of the enactment of 

16 this Act. If the State has a 2-year legislative session, 

17 each year of the session is deemed to be a separate 

18 regular session of the State legislature. 

19 SEC. 115. INFORMATION ON CHILDREN IN FOSTER CARE IN 

20 ANNUAL REPORTS USING AFCARS DATA; CON21 SULTATION. 

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

23 (1) by striking ‘‘The Secretary’’ and inserting 

24 the following: 

25 ‘‘(a) IN GENERAL.—The Secretary’’; 


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

2 the semicolon; 

3 (3) in paragraph (6)(C), by striking the period 

4 at the end and inserting ‘‘; and’’; and 

5 (4) by adding at the end the following: 

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

7 to paragraph (5) for fiscal year 2016 or any suc8 ceeding fiscal year, State-by-State data on— 

9 ‘‘(A) children in foster care who have been 

10 placed in a child care institution or other set11 ting that is not a foster family home, includ12 ing— 

13 ‘‘(i) the number of children in the 

14 placements and their ages, including sepa15 rately, the number and ages of children 

16 who have a permanency plan of another 

17 planned permanent living arrangement; 

18 ‘‘(ii) the duration of the placement in 

19 the settings (including for children who 

20 have a permanency plan of another 

21 planned permanent living arrangement); 

22 ‘‘(iii) the types of child care institu23 tions used (including group homes, resi24 dential treatment, shelters, or other con25 gregate care settings); 


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1 ‘‘(iv) with respect to each child care 

2 institution or other setting that is not a 

3 foster family home, the number of children 

4 in foster care residing in each such institu5 tion or non-foster family home; 

6 ‘‘(v) any clinically diagnosed special 

7 need of such children; and 

8 ‘‘(vi) the extent of any specialized 

9 education, treatment, counseling, or other 

10 services provided in the settings; and 

11 ‘‘(B) children in foster care who are preg12 nant or parenting. 

13 ‘‘(b) CONSULTATION ON OTHER ISSUES.—The Sec14 retary shall consult with States and organizations with an 

15 interest in child welfare, including organizations that pro16 vide adoption and foster care services, and shall take into 

17 account requests from Members of Congress, in selecting 

18 other issues to be analyzed and reported on under this 

19 section using data available to the Secretary, including 

20 data reported by States through the Adoption and Foster 

21 Care Analysis and Reporting System and to the National 

22 Youth in Transition Database.’’. 


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1 Subtitle C—National Advisory 

2 Committee 

3 SEC. 121. ESTABLISHMENT OF A NATIONAL ADVISORY COM4 MITTEE ON THE SEX TRAFFICKING OF CHIL5 DREN AND YOUTH IN THE UNITED STATES. 

6 Title XI (42 U.S.C. 1301 et seq.) is amended by in7 serting after section 1114 the following: 

8 ‘‘NATIONAL ADVISORY COMMITTEE ON THE SEX TRAF9 FICKING OF CHIILDREN AND YOUTH IN THE UNITED

10 STATES

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

12 section relates to the National Advisory Committee on the 

13 Sex Trafficking of Children and Youth in the United 

14 States (in this section referred to as the ‘Committee’). 

15 ‘‘(b) AUTHORITY.—Not later than 2 years after the 

16 date of enactment of this section, the Secretary shall es17 tablish and appoint all members of the Committee. 

18 ‘‘(c) MEMBERSHIP.— 

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

20 composed of not more than 21 members whose di21 verse experience and background enable them to pro22 vide balanced points of view with regard to carrying 

23 out the duties of the Committee. 

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1 ernors Association, shall appoint the members to the 

2 Committee. At least 1 Committee member shall be 

3 a former sex trafficking victim. 2 Committee mem4 bers shall be a Governor of a State, 1 of whom shall 

5 be a member of the Democratic Party and 1 of 

6 whom shall be a member of the Republican Party. 

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

8 Members shall be appointed for the life of the Com9 mittee. A vacancy in the Committee shall be filled in 

10 the manner in which the original appointment was 

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

12 Committee. 

13 ‘‘(4) COMPENSATION.—Committee members 

14 shall serve without compensation or per diem in lieu 

15 of subsistence. 

16 ‘‘(d) DUTIES.— 

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

18 shall advise the Secretary and the Attorney General 

19 on practical and general policies concerning improve20 ments to the Nation’s response to the sex trafficking 

21 of children and youth in the United States. 

22 ‘‘(2) POLICIES FOR COOPERATION.—The Com23 mittee shall advise the Secretary and the Attorney 

24 General on practical and general policies concerning 

25 the cooperation of Federal, State, local, and tribal 


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1 governments, child welfare agencies, social service 

2 providers, physical health and mental health pro3 viders, victim service providers, State or local courts 

4 with responsibility for conducting or supervising pro5 ceedings relating to child welfare or social services 

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

7 local police, juvenile detention centers, and runaway 

8 and homeless youth programs, schools, the gaming 

9 and entertainment industry, and businesses and or10 ganizations that provide services to youth, on re11 sponding to sex trafficking, including the develop12 ment and implementation of— 

13 ‘‘(A) successful interventions with children 

14 and youth who are exposed to conditions that 

15 make them vulnerable to, or victims of, sex 

16 trafficking; and 

17 ‘‘(B) recommendations for administrative 

18 or legislative changes necessary to use pro19 grams, properties, or other resources owned, op20 erated, or funded by the Federal Government to 

21 provide safe housing for children and youth who 

22 are sex trafficking victims and provide support 

23 to entities that provide housing or other assist24 ance to the victims. 


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1 ‘‘(3) BEST PRACTICES AND RECOMMENDATIONS

2 FOR STATES.— 

3 ‘‘(A) IN GENERAL.—Within 2 years after 

4 the establishment of the Committee, the Com5 mittee shall develop 2 tiers (referred to in this 

6 subparagraph as ‘Tier I’ and ‘Tier II’) of rec7 ommended best practices for States to follow in 

8 combating the sex trafficking of children and 

9 youth. Tier I shall provide States that have not 

10 yet substantively addressed the sex trafficking 

11 of children and youth with an idea of where to 

12 begin and what steps to take. Tier II shall pro13 vide States that are already working to address 

14 the sex trafficking of children and youth with 

15 examples of policies that are already being used 

16 effectively by other States to address sex traf17 ficking. 

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

19 shall be based on multidisciplinary research and 

20 promising, evidence-based models and programs 

21 as reflected in State efforts to meet the require22 ments of sections 101 and 102 of the Pre23 venting Sex Trafficking and Strengthening 

24 Families Act. 


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

2 be user-friendly, incorporate the most up-to3 date technology, and include the following: 

4 ‘‘(i) Sample training materials, proto5 cols, and screening tools that, to the extent 

6 possible, accommodate for regional dif7 ferences among the States, to prepare indi8 viduals who administer social services to 

9 identify and serve children and youth who 

10 are sex trafficking victims or at-risk of sex 

11 trafficking. 

12 ‘‘(ii) Multidisciplinary strategies to 

13 identify victims, manage cases, and im14 prove services for all children and youth 

15 who are at risk of sex trafficking, or are 

16 sex trafficking victims, in the United 

17 States. 

18 ‘‘(iii) Sample protocols and rec19 ommendations based on current States’ ef20 forts, accounting for regional differences 

21 between States that provide for effective, 

22 cross-system collaboration between Fed23 eral, State, local, and tribal governments, 

24 child welfare agencies, social service pro25 viders, physical health and mental health 


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1 providers, victim service providers, State or 

2 local courts with responsibility for con3 ducting or supervising proceedings relating 

4 to child welfare or social services for chil5 dren and their families, the gaming and 

6 entertainment industry, Federal, State, 

7 and local police, juvenile detention centers 

8 and runaway and homeless youth pro9 grams, housing resources that are appro10 priate for housing child and youth victims 

11 of trafficking, schools, and businesses and 

12 organizations that provide services to chil13 dren and youth. These protocols and rec14 ommendations should include strategies to 

15 identify victims and collect, document, and 

16 share data across systems and agencies, 

17 and should be designed to help agencies 

18 better understand the type of sex traf19 ficking involved, the scope of the problem, 

20 the needs of the population to be served, 

21 ways to address the demand for trafficked 

22 children and youth and increase prosecu23 tions of traffickers and purchasers of chil24 dren and youth, and the degree of victim 

25 interaction with multiple systems. 


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1 ‘‘(iv) Developing the criteria and 

2 guidelines necessary for establishing safe 

3 residential placements for foster children 

4 who have been sex trafficked as well as vic5 tims of trafficking identified through inter6 action with law enforcement. 

7 ‘‘(v) Developing training guidelines 

8 for caregivers that serve children and 

9 youth being cared for outside the home. 

10 ‘‘(D) INFORMING STATES OF BEST PRAC11 TICES.—The Committee, in coordination with 

12 the National Governors Association, Secretary 

13 and Attorney General, shall ensure that State 

14 Governors and child welfare agencies are noti15 fied and informed on a quarterly basis of the 

16 best practices and recommendations for States, 

17 and notified 6 months in advance that the Com18 mittee will be evaluating the extent to which 

19 States adopt the Committee’s recommendations. 

20 ‘‘(E) REPORT ON STATE IMPLEMENTA21 TION.—Within 3 years after the establishment 

22 of the Committee, the Committee shall submit 

23 to the Secretary and the Attorney General, as 

24 part of its final report as well as for online and 

25 publicly available publication, a description of 


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1 what each State has done to implement the rec2 ommendations of the Committee. 

3 ‘‘(e) REPORTS.— 

4 ‘‘(1) IN GENERAL.—The Committee shall sub5 mit an interim and a final report on the work of the 

6 Committee to— 

7 ‘‘(A) the Secretary; 

8 ‘‘(B) the Attorney General; 

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

10 Senate; and 

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

12 of the House of Representatives. 

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

14 shall be submitted not later than 3 years after the 

15 establishment of the Committee. The final report 

16 shall be submitted not later than 4 years after the 

17 establishment of the Committee. 

18 ‘‘(f) ADMINISTRATION.— 

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

20 direct the head of the Administration for Children 

21 and Families of the Department of Health and 

22 Human Services to provide all necessary support for 

23 the Committee. 

24 ‘‘(2) MEETINGS.— 


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

2 meet at the call of the Secretary at least twice 

3 each year to carry out this section, and more 

4 often as otherwise required. 

5 ‘‘(B) ACCOMMODATION FOR COMMITTEE

6 MEMBERS UNABLE TO ATTEND IN PERSON.— 

7 The Secretary shall create a process through 

8 which Committee members who are unable to 

9 travel to a Committee meeting in person may 

10 participate remotely through the use of video 

11 conference, teleconference, online, or other 

12 means. 

13 ‘‘(3) SUBCOMMITTEES.—The Committee may 

14 establish subcommittees or working groups, as nec15 essary and consistent with the mission of the Com16 mittee. The subcommittees or working groups shall 

17 have no authority to make decisions on behalf of the 

18 Committee, nor shall they report directly to any offi19 cial or entity listed in subsection (d). 

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

21 Committee and any subcommittees and working 

22 groups shall be maintained in accordance with ap23 propriate Department of Health and Human Serv24 ices policies and procedures and shall be available 


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1 for public inspection and copying, subject to the 

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

3 ‘‘(g) TERMINATION.—The Committee shall terminate 

4 5 years after the date of its establishment, but the Sec5 retary shall continue to operate and update, as necessary, 

6 an Internet website displaying the State best practices, 

7 recommendations, and evaluation of State-by-State imple8 mentation of the Secretary’s recommendations. 

9 ‘‘(h) DEFINITION.—For the purpose of this section, 

10 the term ‘sex trafficking’ includes the definition set forth 

11 in section 103(10) of the Trafficking Victims Protection 

12 Act of 2000 (22 U.S.C. 7102(10)) and ‘severe form of 

13 trafficking in persons’ described in section 103(9)(A) of 

14 such Act.’’. 

15 TITLE II—IMPROVING ADOPTION 

16 INCENTIVES AND EXTENDING 

17 FAMILY CONNECTION 

18 GRANTS 

19 Subtitle A—Improving Adoption 

20 Incentive Payments 

21 SEC. 201. EXTENSION OF PROGRAM THROUGH FISCAL 

22 YEAR 2016. 

23 Section 473A (42 U.S.C. 673b) is amended— 


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

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

3 and 

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

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

6 ‘‘2016’’. 

7 SEC. 202. IMPROVEMENTS TO AWARD STRUCTURE. 

8 (a) ELIGIBILITY FOR AWARD.—Section 473A(b) (42 

9 U.S.C. 673b(b)) is amended by striking paragraph (2) and 

10 redesignating paragraphs (3) through (5) as paragraphs 

11 (2) through (4), respectively. 

12 (b) DATA REQUIREMENTS.—Section 473A(c)(2) (42 

13 U.S.C. 673b(c)(2)) is amended— 

14 (1) in the paragraph heading, by striking 

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

16 OF ADOPTIONS AND GUARDIANSHIPS’’; 

17 (2) by striking ‘‘the numbers’’ and all that fol18 lows through ‘‘section,’’ and inserting ‘‘each of the 

19 rates required to be determined under this section 

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

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

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

23 rates related to foster child guardianships, on the 

24 basis of information reported to the Secretary under 

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


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1 (c) AWARD AMOUNT.—Section 473A(d) (42 U.S.C. 

2 673b(d)) is amended— 

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

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

5 ‘‘(A) $5,000, multiplied by the amount (if 

6 any) by which— 

7 ‘‘(i) the number of foster child adop8 tions in the State during the fiscal year; 

9 exceeds 

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

11 nearest whole number) of— 

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

13 adoptions for the State for the fiscal 

14 year; and 

15 ‘‘(II) the number of children in 

16 foster care under the supervision of 

17 the State on the last day of the pre18 ceding fiscal year; 

19 ‘‘(B) $7,500, multiplied by the amount (if 

20 any) by which— 

21 ‘‘(i) the number of pre-adolescent 

22 child adoptions and pre-adolescent foster 

23 child guardianships in the State during the 

24 fiscal year; exceeds 


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1 ‘‘(ii) the product (rounded to the 

2 nearest whole number) of— 

3 ‘‘(I) the base rate of pre-adoles4 cent child adoptions and pre-adoles5 cent foster child guardianships for the 

6 State for the fiscal year; and 

7 ‘‘(II) the number of children in 

8 foster care under the supervision of 

9 the State on the last day of the pre10 ceding fiscal year who have attained 9 

11 years of age but not 14 years of age; 

12 and 

13 ‘‘(C) $10,000, multiplied by the amount (if 

14 any) by which— 

15 ‘‘(i) the number of older child adop16 tions and older foster child guardianships 

17 in the State during the fiscal year; exceeds 

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

19 nearest whole number) of— 

20 ‘‘(I) the base rate of older child 

21 adoptions and older foster child 

22 guardianships for the State for the 

23 fiscal year; and 

24 ‘‘(II) the number of children in 

25 foster care under the supervision of 


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1 the State on the last day of the pre2 ceding fiscal year who have attained 

3 14 years of age; and 

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

5 any) by which— 

6 ‘‘(i) the number of foster child 

7 guardianships in the State during the fis8 cal year; exceeds 

9 ‘‘(ii) the product (rounded to the 

10 nearest whole number) of— 

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

12 guardianships for the State for the 

13 fiscal year; and 

14 ‘‘(II) the number of children in 

15 foster care under the supervision of 

16 the State on the last day of the pre17 ceding fiscal year.’’; and 

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

19 following: 

20 ‘‘(3) INCREASED ADOPTION AND LEGAL GUARD21 IANSHIP INCENTIVE PAYMENT FOR TIMELY ADOP22 TIONS.— 

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

24 years 2013 through 2015, the total amount of 

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1 ments payable under paragraph (1) of this sub2 section are less than the amount appropriated 

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

4 from the remainder of the amount appropriated 

5 for the fiscal year that is not required for such 

6 payments (in this paragraph referred to as the 

7 ‘timely adoption award pool’), the Secretary 

8 shall increase the adoption incentive payment 

9 determined under paragraph (1) for each State 

10 that the Secretary determines is a timely adop11 tion award State for the fiscal year by the 

12 award amount determined for the fiscal year 

13 under subparagraph (C). 

14 ‘‘(B) TIMELY ADOPTION AWARD STATE DE15 FINED.—A State is a timely adoption award 

16 State for a fiscal year if the Secretary deter17 mines that, for children who were in foster care 

18 under the supervision of the State at the time 

19 of adoptive placement, the average number of 

20 months from removal of children from their 

21 home to the placement of children in finalized 

22 adoptions is less than 24 months. 

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

24 subparagraph (A), the award amount deter25 mined under this subparagraph with respect to 


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1 a fiscal year is the amount equal to the timely 

2 adoption award pool for the fiscal year divided 

3 by the number of timely adoption award States 

4 for the fiscal year.’’. 

5 (d) DEFINITIONS.—Section 473A(g) (42 U.S.C. 

6 673b(g)) is amended by striking paragraphs (1) through 

7 (8) and inserting the following: 

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

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

10 to a State and a fiscal year, the percentage deter11 mined by dividing— 

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

13 finalized in the State during the fiscal year; by 

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

15 under the supervision of the State on the last 

16 day of the preceding fiscal year. 

17 ‘‘(2) BASE RATE OF FOSTER CHILD ADOP18 TIONS.—The term ‘base rate of foster child adop19 tions’ means, with respect to a State and a fiscal 

20 year, the lesser of— 

21 ‘‘(A) the foster child adoption rate for the 

22 State for the then immediately preceding fiscal 

23 year; or 


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1 ‘‘(B) the foster child adoption rate for the 

2 State for the average of the then immediately 

3 preceding 3 fiscal years. 

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

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

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

7 foster care under the supervision of the State. 

8 ‘‘(4) PRE-ADOLESCENT CHILD ADOPTION AND

9 PRE-ADOLESCENT FOSTER CHILD GUARDIANSHIP

10 RATE.—The term ‘pre-adolescent child adoption and 

11 pre-adolescent foster child guardianship rate’ means, 

12 with respect to a State and a fiscal year, the per13 centage determined by dividing— 

14 ‘‘(A) the number of pre-adolescent child 

15 adoptions and pre-adolescent foster child 

16 guardianships finalized in the State during the 

17 fiscal year; by 

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

19 under the supervision of the State on the last 

20 day of the preceding fiscal year, who have at21 tained 9 years of age but not 14 years of age. 

22 ‘‘(5) BASE RATE OF PRE-ADOLESCENT CHILD

23 ADOPTIONS AND PRE-ADOLESCENT FOSTER CHILD

24 GUARDIANSHIPS.—The term ‘base rate of pre-adoles25 cent child adoptions and pre-adolescent foster child 


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1 guardianships’ means, with respect to a State and a 

2 fiscal year, the lesser of— 

3 ‘‘(A) the pre-adolescent child adoption and 

4 pre-adolescent foster child guardianship rate for 

5 the State for the then immediately preceding 

6 fiscal year; or 

7 ‘‘(B) the pre-adolescent child adoption and 

8 pre-adolescent foster child guardianship rate for 

9 the State for the average of the then imme10 diately preceding 3 fiscal years. 

11 ‘‘(6) PRE-ADOLESCENT CHILD ADOPTION AND

12 PRE-ADOLESCENT FOSTER CHILD GUARDIANSHIP.— 

13 The term ‘pre-adolescent child adoption and pre-ado14 lescent foster child guardianship’ means the final 

15 adoption, or the placement into foster child guard16 ianship (as defined in paragraph (12)) of a child 

17 who has attained 9 years of age but not 14 years 

18 of age if— 

19 ‘‘(A) at the time of the adoptive or foster 

20 child guardianship placement, the child was in 

21 foster care under the supervision of the State; 

22 or 

23 ‘‘(B) an adoption assistance agreement 

24 was in effect under section 473(a) with respect 

25 to the child. 


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1 ‘‘(7) OLDER CHILD ADOPTION AND OLDER FOS2 TER CHILD GUARDIANSHIP RATE.—The term ‘older 

3 child adoption and older foster child guardianship 

4 rate’ means, with respect to a State and a fiscal 

5 year, the percentage determined by dividing— 

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

7 and older foster child guardianships finalized in 

8 the State during the fiscal year; by 

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

10 under the supervision of the State on the last 

11 day of the preceding fiscal year, who have at12 tained 14 years of age. 

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

14 AND OLDER FOSTER CHILD GUARDIANSHIPS.—The 

15 term ‘base rate of older child adoptions and older 

16 foster child guardianships’ means, with respect to a 

17 State and a fiscal year, the lesser of— 

18 ‘‘(A) the older child adoption and older 

19 foster child guardianship rate for the State for 

20 the then immediately preceding fiscal year; or 

21 ‘‘(B) the older child adoption and older 

22 foster child guardianship rate for the State for 

23 the average of the then immediately preceding 

24 3 fiscal years. 


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1 ‘‘(9) OLDER CHILD ADOPTION AND OLDER FOS2 TER CHILD GUARDIANSHIP.—The term ‘older child 

3 adoption and older foster child guardianship’ means 

4 the final adoption, or the placement into foster child 

5 guardianship (as defined in paragraph (12)) of a 

6 child who has attained 14 years of age if— 

7 ‘‘(A) at the time of the adoptive or foster 

8 child guardianship placement, the child was in 

9 foster care under the supervision of the State; 

10 or 

11 ‘‘(B) an adoption assistance agreement 

12 was in effect under section 473(a) with respect 

13 to the child. 

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

15 The term ‘foster child guardianship rate’ means, 

16 with respect to a State and a fiscal year, the per17 centage determined by dividing— 

18 ‘‘(A) the number of foster child 

19 guardianships occurring in the State during the 

20 fiscal year; by 

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

22 under the supervision of the State on the last 

23 day of the preceding fiscal year. 

24 ‘‘(11) BASE RATE OF FOSTER CHILD

25 GUARDIANSHIPS.—The term ‘base rate of foster 


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1 child guardianships’ means, with respect to a State 

2 and a fiscal year, the lesser of— 

3 ‘‘(A) the foster child guardianship rate for 

4 the State for the then immediately preceding 

5 fiscal year; or 

6 ‘‘(B) the foster child guardianship rate for 

7 the State for the average of the then imme8 diately preceding 3 fiscal years. 

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

10 term ‘foster child guardianship’ means, with respect 

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

12 the responsibility of the State to live with a legal 

13 guardian, if the State has reported to the Sec14 retary— 

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

16 that— 

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

18 his or her home pursuant to a voluntary 

19 placement agreement or as a result of a ju20 dicial determination to the effect that con21 tinuation in the home would be contrary to 

22 the welfare of the child; 

23 ‘‘(ii) being returned home or adopted 

24 are not appropriate permanency options 

25 for the child; 


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1 ‘‘(iii) the child demonstrates a strong 

2 attachment to the prospective legal guard3 ian, and the prospective legal guardian has 

4 a strong commitment to caring perma5 nently for the child; and 

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

7 of age, the child has been consulted re8 garding the legal guardianship arrange9 ment; or 

10 ‘‘(B) the alternative procedures used by 

11 the State to determine that legal guardianship 

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

13 SEC. 203. RENAMING OF PROGRAM. 

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

15 473A (42 U.S.C. 673b) is amended to read as follows: 

16 ‘‘SEC. 473A. ADOPTION AND LEGAL GUARDIANSHIP INCEN17 TIVE PAYMENTS.’’. 

18 (b) CONFORMING AMENDMENTS.— 

19 (1) Section 473A is amended in each of sub20 sections (a), (d)(1), (d)(2)(A), and (d)(2)(B) (42 

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

22 inserting ‘‘and legal guardianship’’ after ‘‘adoption’’ 

23 each place it appears. 


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1 (2) The heading of section 473A(d) (42 U.S.C. 

2 673b(d)) is amended by inserting ‘‘AND LEGAL

3 GUARDIANSHIP’’ after ‘‘ADOPTION’’. 

4 SEC. 204. LIMITATION ON USE OF INCENTIVE PAYMENTS. 

5 Section 473A(f) (42 U.S.C. 673b(f)) is amended in 

6 the 1st sentence by inserting ‘‘, and shall use the amount 

7 to supplement, and not supplant, any Federal or non-Fed8 eral funds used to provide any service under part B or 

9 E’’ before the period. 

10 SEC. 205. INCREASE IN PERIOD FOR WHICH INCENTIVE 

11 PAYMENTS ARE AVAILABLE FOR EXPENDI12 TURE. 

13 Section 473A(e) (42 U.S.C. 673b(e)) is amended— 

14 (1) in the subsection heading, by striking ‘‘24- 

15 MONTH’’ and inserting ‘‘36-MONTH’’; and 

16 (2) by striking ‘‘24-month’’ and inserting ‘‘36- 

17 month’’. 

18 SEC. 206. STATE REPORT ON CALCULATION AND USE OF 

19 SAVINGS RESULTING FROM THE PHASE-OUT 

20 OF ELIGIBILITY REQUIREMENTS FOR ADOP21 TION ASSISTANCE; REQUIREMENT TO SPEND 

22 30 PERCENT OF SAVINGS ON CERTAIN SERV23 ICES. 

24 Section 473(a)(8) (42 U.S.C. 673(a)(8)) is amended 

25 to read as follows: 


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

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

3 all applicable children for a fiscal year, using a method4 ology specified by the Secretary or an alternate method5 ology proposed by the State and approved by the Sec6 retary. 

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

8 ‘‘(i) the methodology used to make the calcula9 tion described in subparagraph (A), without regard 

10 to whether any savings are found; 

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

12 subparagraph (A); and 

13 ‘‘(iii) how any such savings are spent, account14 ing for and reporting the spending separately from 

15 any other spending reported to the Secretary under 

16 part B or this part. 

17 ‘‘(C) The Secretary shall make all information re18 ported pursuant to subparagraph (B) available on the 

19 website of the Department of Health and Human Services 

20 in a location easily accessible to the public. 

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

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

23 this part resulting from the application of paragraph 

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

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1 vided under part B or this part. A State shall spend not 

2 less than 30 percent of any such savings on post-adoption 

3 services, post-guardianship services, and services to sup4 port and sustain positive permanent outcomes for children 

5 who otherwise might enter into foster care under the responsibility of the State, with at least 2 6 ⁄3 of the spending 

7 by the State to comply with such 30 percent requirement 

8 being spent on post-adoption and post-guardianship serv9 ices. 

10 ‘‘(ii) Any State spending required under clause (i) 

11 shall be used to supplement, and not supplant, any Fed12 eral or non-Federal funds used to provide any service 

13 under part B or this part.’’. 

14 SEC. 207. PRESERVATION OF ELIGIBILITY FOR KINSHIP 

15 GUARDIANSHIP ASSISTANCE PAYMENTS 

16 WITH A SUCCESSOR GUARDIAN. 

17 Section 473(d)(3) (42 U.S.C. 673(d)(3)) is amended 

18 by adding at the end the following: 

19 ‘‘(C) ELIGIBILITY NOT AFFECTED BY RE20 PLACEMENT OF GUARDIAN WITH A SUCCESSOR

21 GUARDIAN.—In the event of the death or inca22 pacity of the relative guardian, the eligibility of 

23 a child for a kinship guardianship assistance 

24 payment under this subsection shall not be af25 fected by reason of the replacement of the relVerDate Sep 11 2014 19:34 Sep 19, 2014 Jkt 039200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H4980.RDS H4980

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1 ative guardian with a successor legal guardian 

2 named in the kinship guardianship assistance 

3 agreement referred to in paragraph (1) (includ4 ing in any amendment to the agreement), not5 withstanding subparagraph (A) of this para6 graph and section 471(a)(28).’’. 

7 SEC. 208. DATA COLLECTION ON ADOPTION AND LEGAL 

8 GUARDIANSHIP DISRUPTION AND DISSOLU9 TION. 

10 Section 479 (42 U.S.C. 679) is amended by adding 

11 at the end the following: 

12 ‘‘(d) To promote improved knowledge on how best to 

13 ensure strong, permanent families for children, the Sec14 retary shall promulgate regulations providing for the col15 lection and analysis of information regarding children who 

16 enter into foster care under the supervision of a State 

17 after prior finalization of an adoption or legal guardian18 ship. The regulations shall require each State with a State 

19 plan approved under this part to collect and report as part 

20 of such data collection system the number of children who 

21 enter foster care under supervision of the State after final22 ization of an adoption or legal guardianship and may in23 clude information concerning the length of the prior adop24 tion or guardianship, the age of the child at the time of 

25 the prior adoption or guardianship, the age at which the 


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1 child subsequently entered foster care under supervision 

2 of the State, the type of agency involved in making the 

3 prior adoptive or guardianship placement, and any other 

4 factors determined necessary to better understand factors 

5 associated with the child’s post-adoption or post-guardian6 ship entry to foster care.’’. 

7 SEC. 209. ENCOURAGING THE PLACEMENT OF CHILDREN 

8 IN FOSTER CARE WITH SIBLINGS. 

9 (a) STATE PLAN AMENDMENT.— 

10 (1) NOTIFICATION OF PARENTS OF SIBLINGS.— 

11 Section 471(a)(29) (42 U.S.C. 671(a)(29)) is 

12 amended by striking ‘‘all adult grandparents’’ and 

13 inserting ‘‘the following relatives: all adult grand14 parents, all parents of a sibling of the child, where 

15 such parent has legal custody of such sibling,’’. 

16 (2) SIBLING DEFINED.—Section 475 (42 

17 U.S.C. 675), as amended by sections 101(b) and 

18 111(a)(1) of this Act, is amended by adding at the 

19 end the following: 

20 ‘‘(12) The term ‘sibling’ means an individual 

21 who satisfies at least one of the following conditions 

22 with respect to a child: 

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

24 law to be a sibling of the child. 


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1 ‘‘(B) The individual would have been con2 sidered a sibling of the child under State law 

3 but for a termination or other disruption of pa4 rental rights, such as the death of a parent.’’. 

5 (b) RULE OF CONSTRUCTION.—Nothing in this sec6 tion shall be construed as subordinating the rights of fos7 ter or adoptive parents of a child to the rights of the par8 ents of a sibling of that child. 

9 SEC. 210. EFFECTIVE DATES. 

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

11 this section, the amendments made by this subtitle shall 

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

13 (b) RESTRUCTURING AND RENAMING OF PRO14 GRAM.— 

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

16 sections 202 and 203 shall take effect on October 1, 

17 2014, subject to paragraph (2). 

18 (2) TRANSITION RULE.— 

19 (A) IN GENERAL.—Notwithstanding any 

20 other provision of law, the total amount payable 

21 to a State under section 473A of the Social Se22 curity Act for fiscal year 2014 shall be an 

amount equal to 1 23 ⁄2 of the sum of— 

24 (i) the total amount that would be 

25 payable to the State under such section for 


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1 fiscal year 2014 if the amendments made 

2 by section 202 of this Act had not taken 

3 effect; and 

4 (ii) the total amount that would be 

5 payable to the State under such section for 

6 fiscal year 2014 in the absence of this 

7 paragraph. 

8 (B) PRO RATA ADJUSTMENT IF INSUFFI9 CIENT FUNDS AVAILABLE.—If the total amount 

10 otherwise payable under subparagraph (A) for 

11 fiscal year 2014 exceeds the amount appro12 priated pursuant to section 473A(h) of the So13 cial Security Act (42 U.S.C. 673b(h)) for that 

14 fiscal year, the amount payable to each State 

15 under subparagraph (A) for fiscal year 2014 

16 shall be— 

17 (i) the amount that would otherwise 

18 be payable to the State under subpara19 graph (A) for fiscal year 2014; multiplied 

20 by 

21 (ii) the percentage represented by the 

22 amount so appropriated for fiscal year 

23 2014, divided by the total amount other24 wise payable under subparagraph (A) to all 

25 States for that fiscal year. 


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1 (c) USE OF INCENTIVE PAYMENTS; ELIGIBILITY FOR

2 KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS WITH A

3 SUCCESSOR GUARDIAN; DATA COLLECTION.—The 

4 amendments made by sections 204, 207, and 208 shall 

5 take effect on the date of enactment of this Act. 

6 (d) CALCULATION AND USE OF SAVINGS RESULTING

7 FROM THE PHASE-OUT OF ELIGIBILITY REQUIREMENTS

8 FOR ADOPTION ASSISTANCE.—The amendment made by 

9 section 206 shall take effect on October 1, 2014. 

10 (e) NOTIFICATION OF PARENTS OF SIBLINGS.— 

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

12 section 209 shall take effect on the date of enact13 ment of this Act, subject to paragraph (2). 

14 (2) DELAY PERMITTED IF STATE LEGISLATION

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

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

17 which the Secretary of Health and Human Services 

18 determines requires State legislation (other than leg19 islation appropriating funds) in order for the plan to 

20 meet the additional requirements imposed by section 

21 209, the State plan shall not be regarded as failing 

22 to comply with the requirements of such part solely 

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

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

25 calendar quarter beginning after the close of the 1st 


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1 regular session of the State legislature that ends 

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

3 enactment of this Act. For purposes of the preceding 

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

5 legislative session, each year of the session is deemed 

6 to be a separate regular session of the State legisla7 ture. 

8 Subtitle B—Extending the Family 

9 Connection Grant Program 

10 SEC. 221. EXTENSION OF FAMILY CONNECTION GRANT 

11 PROGRAM. 

12 (a) IN GENERAL.—Section 427(h) (42 U.S.C. 

13 627(h)) is amended by striking ‘‘2013’’ and inserting 

14 ‘‘2014’’. 

15 (b) ELIGIBILITY OF UNIVERSITIES FOR MATCHING

16 GRANTS.—Section 427(a) (42 U.S.C. 627(a)) is amended, 

17 in the matter preceding paragraph (1)— 

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

19 (2) by inserting ‘‘and institutions of higher edu20 cation (as defined under section 101 of the Higher 

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

22 ‘‘arrangements,’’. 

23 (c) FINDING FAMILIES FOR FOSTER CHILDREN WHO

24 ARE PARENTS.—Section 427(a)(1)(E) (42 U.S.C. 

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1 uals who are willing and able to be foster parents for chil2 dren in foster care under the responsibility of the State 

3 who are themselves parents’’ after ‘‘kinship care families’’. 

4 (d) RESERVATION OF FUNDS.—Section 427(g) (42 

5 U.S.C. 627(g)) is amended— 

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

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

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

9 (e) EFFECTIVE DATE.—The amendments made by 

10 this section shall take effect as if enacted on October 1, 

11 2013. 

12 TITLE III—IMPROVING INTER13 NATIONAL CHILD SUPPORT 

14 RECOVERY 

15 SEC. 301. AMENDMENTS TO ENSURE ACCESS TO CHILD 

16 SUPPORT SERVICES FOR INTERNATIONAL 

17 CHILD SUPPORT CASES. 

18 (a) AUTHORITY OF THE SECRETARY OF HHS TO

19 ENSURE COMPLIANCE WITH MULTILATERAL CHILD SUP20 PORT CONVENTIONS.— 

21 (1) IN GENERAL.—Section 452 (42 U.S.C. 652) 

22 is amended— 

23 (A) by redesignating the second subsection 

24 (l) (as added by section 7306 of the Deficit Re25 duction Act of 2005) as subsection (m); and 


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

2 ‘‘(n) The Secretary shall use the authorities otherwise 

3 provided by law to ensure the compliance of the United 

4 States with any multilateral child support convention to 

5 which the United States is a party.’’. 

6 (2) CONFORMING AMENDMENT.—Section 

7 453(k)(3) (42 U.S.C. 653(k)(3)) is amended by 

8 striking ‘‘452(l)’’ and inserting ‘‘452(m)’’. 

9 (b) ACCESS TO THE FEDERAL PARENT LOCATOR

10 SERVICE.—Section 453(c) (42 U.S.C. 653(c)) is amend11 ed— 

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

13 (3); 

14 (2) by striking the period at the end of para15 graph (4) and inserting ‘‘; and’’; and 

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

17 ‘‘(5) an entity designated as a Central Author18 ity for child support enforcement in a foreign recip19 rocating country or a foreign treaty country for pur20 poses specified in section 459A(c)(2).’’. 

21 (c) STATE OPTION TO REQUIRE INDIVIDUALS IN

22 FOREIGN COUNTRIES TO APPLY THROUGH THEIR COUN23 TRY’S APPROPRIATE CENTRAL AUTHORITY.—Section 454 

24 (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 (42 U.S.C. 

21 659a) is amended— 

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

23 ‘‘(e) REFERENCES.—In this part: 

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

25 term ‘foreign reciprocating country’ means a foreign 


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1 country (or political subdivision thereof) with respect 

2 to which the Secretary has made a declaration pur3 suant to subsection (a). 

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

5 ‘foreign treaty country’ means a foreign country for 

6 which the 2007 Family Maintenance Convention is 

7 in force. 

8 ‘‘(3) 2007 FAMILY MAINTENANCE CONVEN9 TION.—The term ‘2007 Family Maintenance Con10 vention’ means the Hague Convention of 23 Novem11 ber 2007 on the International Recovery of Child 

12 Support and Other Forms of Family Maintenance.’’; 

13 (2) in subsection (c)— 

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

15 by striking ‘‘foreign countries that are the sub16 ject of a declaration under this section’’ and in17 serting ‘‘foreign reciprocating countries or for18 eign treaty countries’’; and 

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

20 foreign treaty countries’’ after ‘‘foreign recipro21 cating countries’’; and 

22 (3) in subsection (d), by striking ‘‘the subject of 

23 a declaration pursuant to subsection (a)’’ and insert24 ing ‘‘foreign reciprocating countries or foreign treaty 

25 countries’’. 


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1 (e) COLLECTION OF PAST-DUE SUPPORT FROM FED2 ERAL TAX REFUNDS.—Section 464(a)(2)(A) (42 U.S.C. 

3 664(a)(2)(A)) is amended by striking ‘‘under section 

4 454(4)(A)(ii)’’ and inserting ‘‘under paragraph (4)(A)(ii) 

5 or (32) of section 454’’. 

6 (f) STATE LAW REQUIREMENT CONCERNING THE

7 UNIFORM INTERSTATE FAMILY SUPPORT ACT

8 (UIFSA).— 

9 (1) IN GENERAL.—Section 466(f) (42 U.S.C. 

10 666(f)) is amended— 

11 (A) by striking ‘‘on and after January 1, 

12 1998,’’; 

13 (B) by striking ‘‘and as in effect on Au14 gust 22, 1996,’’; and 

15 (C) by striking ‘‘adopted as of such date’’ 

16 and inserting ‘‘adopted as of September 30, 

17 2008’’. 

18 (2) CONFORMING AMENDMENTS TO TITLE 28, 

19 UNITED STATES CODE.—Section 1738B of title 28, 

20 United States Code, is amended— 

21 (A) in subsection (d), by striking ‘‘indi22 vidual contestant’’ and inserting ‘‘individual 

23 contestant or the parties have consented in a 

24 record or open court that the tribunal of the 


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1 State may continue to exercise jurisdiction to 

2 modify its order,’’; 

3 (B) in subsection (e)(2)(A), by striking 

4 ‘‘individual contestant’’ and inserting ‘‘indi5 vidual contestant and the parties have not con6 sented in a record or open court that the tri7 bunal of the other State may continue to exer8 cise jurisdiction to modify its order’’; and 

9 (C) in subsection (b)— 

10 (i) by striking ‘‘ ‘child’ means’’ and in11 serting ‘‘(1) The term ‘child’ means’’; 

12 (ii) by striking ‘‘ ‘child’s State’ 

13 means’’ and inserting ‘‘(2) The term 

14 ‘child’s State’ means’’; 

15 (iii) by striking ‘‘ ‘child’s home State’ 

16 means’’ and inserting ‘‘(3) The term 

17 ‘child’s home State’ means’’; 

18 (iv) by striking ‘‘ ‘child support’ 

19 means’’ and inserting ‘‘(4) The term ‘child 

20 support’ means’’; 

21 (v) by striking ‘‘ ‘child support 

22 order’ ’’ and inserting ‘‘(5) The term ‘child 

23 support order’ ’’; 


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1 (vi) by striking ‘‘ ‘contestant’ means’’ 

2 and inserting ‘‘(6) The term ‘contestant’ 

3 means’’; 

4 (vii) by striking ‘‘ ‘court’ means’’ and 

5 inserting ‘‘(7) The term ‘court’ means’’; 

6 (viii) by striking ‘‘ ‘modification’ 

7 means’’ and inserting ‘‘(8) The term 

8 ‘modification’ means’’; and 

9 (ix) by striking ‘‘ ‘State’ means’’ and 

10 inserting ‘‘(9) The term ‘State’ means’’. 

11 (3) EFFECTIVE DATE; GRACE PERIOD FOR

12 STATE LAW CHANGES.— 

13 (A) PARAGRAPH (1).—(i) The amendments 

14 made by paragraph (1) shall take effect with 

15 respect to a State no later than the effective 

16 date of laws enacted by the legislature of the 

17 State implementing such paragraph, but in no 

18 event later than 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 the enactment of this 

22 Act. 

23 (ii) For purposes of clause (i), in the case 

24 of a State that has a 2-year legislative session, 

25 each year of the session shall be deemed to be 


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1 a separate regular session of the State legisla2 ture. 

3 (B) PARAGRAPH (2).—(i) The amendments 

4 made by subparagraphs (A) and (B) of para5 graph (2) shall take effect on the date on which 

6 the Hague Convention of 23 November 2007 on 

7 the International Recovery of Child Support 

8 and Other Forms of Family Maintenance enters 

9 into force for the United States. 

10 (ii) The amendments made by subpara11 graph (C) of paragraph (2) shall take effect on 

12 the date of the enactment of this Act. 

13 SEC. 302. CHILD SUPPORT ENFORCEMENT PROGRAMS FOR 

14 INDIAN TRIBES. 

15 (a) TRIBAL ACCESS TO THE FEDERAL PARENT LO16 CATOR SERVICE.—Section 453(c)(1) (42 U.S.C. 

17 653(c)(1)) is amended by inserting ‘‘or Indian tribe or 

18 tribal organization (as defined in subsections (e) and (l) 

19 of section 4 of the Indian Self-Determination and Edu20 cation Assistance Act (25 U.S.C. 450b)),’’ after ‘‘any 

21 State’’. 

22 (b) WAIVER AUTHORITY FOR INDIAN TRIBES OR

23 TRIBAL ORGANIZATIONS OPERATING CHILD SUPPORT

24 ENFORCEMENT PROGRAMS.—Section 1115(b) (42 U.S.C. 

25 1315(b)) is amended— 


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1 (1) by redesignating paragraphs (1) through 

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

3 and realigning the left margin of subparagraph (C) 

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

5 so redesignated); 

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

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

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

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

10 for purposes of authority to conduct an experimental, 

11 pilot, or demonstration project under subsection (a) to as12 sist in promoting the objectives of part D of title IV and 

13 receiving payments under the second sentence of that sub14 section. The Secretary may waive compliance with any re15 quirements of section 455(f) or regulations promulgated 

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

17 Secretary finds necessary for an Indian tribe or tribal or18 ganization to carry out such project. Costs of the project 

19 which would not otherwise be included as expenditures of 

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

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

22 1110, shall, to the extent and for the period prescribed 

23 by the Secretary, be regarded as expenditures under a 

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

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


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1 be appropriate. An Indian tribe or tribal organization ap2 plying for or receiving start-up program development 

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

4 Federal Regulations, shall not be considered to be an In5 dian tribe or tribal organization operating a program 

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

7 (c) CONFORMING AMENDMENTS.—Section 453(f) (42 

8 U.S.C. 653(f)) is amended by inserting ‘‘and tribal’’ after 

9 ‘‘State’’ each place it appears. 

10 SEC. 303. SENSE OF THE CONGRESS REGARDING OFFERING 

11 OF VOLUNTARY PARENTING TIME ARRANGE12 MENTS. 

13 (a) FINDINGS.—The Congress finds as follows: 

14 (1) The separation of a child from a parent 

15 does not end the financial or other responsibilities of 

16 the parent toward the child. 

17 (2) Increased parental access and visitation not 

18 only improve parent-child relationships and out19 comes for children, but also have been demonstrated 

20 to result in improved child support collections, which 

21 creates a double win for children—a more engaged 

22 parent and improved financial security. 

23 (b) SENSE OF THE CONGRESS.—It is the sense of 

24 the Congress that— 


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1 (1) establishing parenting time arrangements 

2 when obtaining child support orders is an important 

3 goal which should be accompanied by strong family 

4 violence safeguards; and 

5 (2) States should use existing funding sources 

6 to support the establishment of parenting time ar7 rangements, including child support incentives, Ac8 cess and Visitation Grants, and Healthy Marriage 

9 Promotion and Responsible Fatherhood Grants. 

10 SEC. 304. DATA EXCHANGE STANDARDIZATION FOR IM11 PROVED INTEROPERABILITY. 

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

13 amended by section 301(a)(1) of this Act, is amended by 

14 adding at the end the following: 

15 ‘‘(o) DATA EXCHANGE STANDARDS FOR IMPROVED

16 INTEROPERABILITY.— 

17 ‘‘(1) DESIGNATION.—The Secretary shall, in 

18 consultation with an interagency work group estab19 lished by the Office of Management and Budget and 

20 considering State government perspectives, by rule, 

21 designate data exchange standards to govern, under 

22 this part— 

23 ‘‘(A) necessary categories of information 

24 that State agencies operating programs under 

25 State plans approved under this part are reVerDate Sep 11 2014 19:34 Sep 19, 2014 Jkt 039200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H4980.RDS H4980

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1 quired under applicable Federal law to elec2 tronically exchange with another State agency; 

3 and 

4 ‘‘(B) Federal reporting and data exchange 

5 required under applicable Federal law. 

6 ‘‘(2) REQUIREMENTS.—The data exchange 

7 standards required by paragraph (1) shall, to the ex8 tent practicable— 

9 ‘‘(A) incorporate a widely accepted, non10 proprietary, searchable, computer-readable for11 mat, such as the eXtensible Markup Language; 

12 ‘‘(B) contain interoperable standards devel13 oped and maintained by intergovernmental 

14 partnerships, such as the National Information 

15 Exchange Model; 

16 ‘‘(C) incorporate interoperable standards 

17 developed and maintained by Federal entities 

18 with authority over contracting and financial 

19 assistance; 

20 ‘‘(D) be consistent with and implement ap21 plicable accounting principles; 

22 ‘‘(E) be implemented in a manner that is 

23 cost-effective and improves program efficiency 

24 and effectiveness; and 


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1 ‘‘(F) be capable of being continually up2 graded as necessary. 

3 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

4 this subsection shall be construed to require a 

5 change to existing data exchange standards found to 

6 be effective and efficient.’’. 

7 (b) EFFECTIVE DATE.—The Secretary of Health and 

8 Human Services shall issue a proposed rule within 24 

9 months after the date of the enactment of this section. 

10 The rule shall identify federally required data exchanges, 

11 include specification and timing of exchanges to be stand12 ardized, and address the factors used in determining 

13 whether and when to standardize data exchanges. It 

14 should also specify State implementation options and de15 scribe future milestones. 

16 SEC. 305. REPORT TO CONGRESS. 

17 The Secretary of Health and Human Services shall— 

18 (1) in conjunction with the strategic plan, re19 view and provide recommendations for cost-effective 

20 improvements to the child support enforcement pro21 gram under part D of title IV of the Social Security 

22 Act, and ensure that the plan addresses the effec23 tiveness and performance of the program, analyzes 

24 program practices, identifies possible new collection 

25 tools and approaches, and identifies strategies for 


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1 holding parents accountable for supporting their 

2 children and for building the capacity of parents to 

3 pay child support, with specific attention given to 

4 matters including front-end services, on-going case 

5 management, collections, Tribal-State partnerships, 

6 interstate and intergovernmental interactions, pro7 gram performance, data analytics, and information 

8 technology; 

9 (2) in carrying out paragraph (1), consult with 

10 and include input from— 

11 (A) State, tribal, and county child support 

12 directors; 

13 (B) judges who preside over family courts 

14 or other State or local courts with responsibility 

15 for conducting or supervising proceedings relat16 ing to child support enforcement, child welfare, 

17 or social services for children and their families, 

18 and organizations that represent the judges; 

19 (C) custodial parents and organizations 

20 that represent them; 

21 (D) noncustodial parents and organizations 

22 that represent them; and 

23 (E) organizations that represent fiduciary 

24 entities that are affected by child support en25 forcement policies; and 


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1 (3) in developing the report required by para2 graph (4), solicit public comment; 

3 (4) not later than June 30, 2015, submit to the 

4 Congress a report that sets forth policy options for 

5 improvements in child support enforcement, which 

6 report shall include the following: 

7 (A) A review of the effectiveness of State 

8 child support enforcement programs, and the 

9 collection practices employed by State agencies 

10 administering programs under such part, and 

11 an analysis of the extent to which the practices 

12 result in unintended consequences or perform13 ance issues associated with the programs and 

14 practices. 

15 (B) Recommendations for methods to en16 hance the effectiveness of child support enforce17 ment programs and collection practices. 

18 (C) A review of State best practices in re19 gards to establishing and operating State and 

20 multistate lien registries. 

21 (D) A compilation of State recovery and 

22 distribution policies. 

23 (E) Options, with analysis, for methods to 

24 engage noncustodial parents in the lives of their 


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1 children through consideration of parental time 

2 and visitation with children. 

3 (F) An analysis of the role of alternative 

4 dispute resolution in making child support de5 terminations. 

6 (G) Identification of best practices for— 

7 (i) determining which services and 

8 support programs available to custodial 

9 and noncustodial parents are non-duplica10 tive, evidence-based, and produce quality 

11 outcomes, and connecting custodial and 

12 noncustodial parents to those services and 

13 support programs; 

14 (ii) providing employment support, job 

15 training, and job placement for custodial 

16 and noncustodial parents; and 

17 (iii) establishing services, supports, 

18 and child support payment tracking for 

19 noncustodial parents, including options for 

20 the prevention of, and intervention on, 

21 uncollectible arrearages, such as retro22 active obligations. 

23 (H) Options, with analysis, for methods for 

24 States to use to collect child support payments 

25 from individuals who owe excessive arrearages 


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1 as determined under section 454(31) of such 

2 Act. 

3 (I) A review of State practices under 

4 454(31) of such Act used to determine which 

5 individuals are excluded from the requirements 

6 of section 452(k) of such Act, including the ex7 tent to which individuals are able to success8 fully contest or appeal decisions. 

9 (J) Options, with analysis, for actions as 

10 are determined to be appropriate for improve11 ment in child support enforcement. 

12 SEC. 306. REQUIRED ELECTRONIC PROCESSING OF INCOME 

13 WITHHOLDING. 

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

15 654a(g)(1)(A)) is amended— 

16 (1) by striking ‘‘, to the maximum extent fea17 sible,’’; and 

18 (2) in subparagraph (A)— 

19 (A) by striking ‘‘and’’ at the end of clause 

20 (i); 

21 (B) by adding ‘‘and’’ at the end of clause 

22 (ii); and 

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


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1 ‘‘(iii) at the option of the employer, 

2 using the electronic transmission methods 

3 prescribed by the Secretary;’’. 

4 (b) EFFECTIVE DATE.—The amendments made by 

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

6 TITLE IV—BUDGETARY EFFECTS 

7 SEC. 401. DETERMINATION OF BUDGETARY EFFECTS. 

8 The budgetary effects of this Act, for the purpose of 

9 complying with the Statutory Pay-As-You-Go Act of 2010, 

10 shall be determined by reference to the latest statement 

11 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

12 Act, submitted for printing in the Congressional Record 

13 by the Chairman of the Senate Budget Committee, pro14 vided that such statement has been submitted prior to the 

15 vote on passage. 

Passed the House of Representatives July 23, 2014. 

Attest: KAREN L. HAAS, 

Clerk. 


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