datamatters24/research-document-archive huggingface dataset:
H. R. 2854—14
(c) ADJUSTMENT.—The Secretary shall adjust the amounts allo-
cated for each contract commodity under subsection (b) for a particu-
lar fiscal year by—
(1) adding an amount equal to the sum of all repayments
of deficiency payments required under section 114(a)(2) of the
Agricultural Act of 1949 (7 U.S.C. 1445j(a)(2)) for the commod-
ity;
(2) adding an amount equal to the sum of all refunds
of contract payments received during the preceding fiscal year
under section 116 for the commodity; and
(3) subtracting an amount equal to the amount, if any,
necessary during that fiscal year to satisfy payment require-
ments for the commodity under sections 103B, 105B, or 107B
of the Agricultural Act of 1949 for the 1994 and 1995 crop
years.
(d) ADDITIONAL RICE ALLOCATION.—In addition to the adjust-
ments required under subsection (c), the amount allocated under
subsection (b) for rice contract payments shall be increased by
$8,500,000 for each of fiscal years 1997 through 2002.
(e) EXCLUSION
OF CERTAIN AMOUNTS FROM CONTRACT PAY-
MENTS.—Any amount added pursuant to paragraphs (1) and (2)
of subsection (c) to the amount available under subsection (a) for
a fiscal year and paid to owners and producers under a contract
shall not be treated as a contract payment for purposes of section
115(a) of this title or section 1001(1) of the Food Security Act
of 1985 (7 U.S.C. 1308(1)). However, the amount of a payment
covered by this subsection may not exceed $50,000 per person.
(f) EFFECT OF PAYMENT LIMITATION.—The amount available
under subsection (a) for a fiscal year shall be reduced by an amount
equal to the total amount of contract payments for the fiscal year
that owners and producers forgo as a result of operation of the
payment limitation under section 1001(1) of the Food Security Act
of 1985 (7 U.S.C. 1308(1)).
SEC. 114. DETERMINATION OF CONTRACT PAYMENTS UNDER CON-
TRACTS.
(a) INDIVIDUAL PAYMENT QUANTITY
OF CONTRACT COMMOD-
ITIES.—For each contract, the payment quantity of a contract
commodity for each fiscal year shall be equal to the product of—
(1) 85 percent of the contract acreage; and
(2) the farm program payment yield.
(b) ANNUAL PAYMENT QUANTITY OF CONTRACT COMMODITIES.—
The payment quantity of each contract commodity covered by all
contracts for each fiscal year shall be equal to the sum of the
amounts calculated under subsection (a) for each individual con-
tract.
(c) ANNUAL PAYMENT RATE.—The payment rate for a contract
commodity for each fiscal year shall be equal to—
(1) the amount made available under section 113 for the
contract commodity for the fiscal year; divided by
(2) the amount determined under subsection (b) for the
fiscal year.
(d) ANNUAL PAYMENT AMOUNT.—The amount to be paid under
a contract in effect for each fiscal year with respect to all contract
commodities covered by the contract shall be equal to the sum
of the products of—
H. R. 2854—20
quality of cotton and the market quotations in the des-
ignated United States spot markets for the base quality
of upland cotton), as determined by the Secretary.
(2) LIMITATIONS.—The loan rate for a marketing assistance
loan for upland cotton shall not be less than $0.50 per pound
or more than $0.5192 per pound.
(d) EXTRA LONG STAPLE COTTON.—The loan rate for a market-
ing assistance loan under section 131 for extra long staple cotton
shall be—
(1) not less than 85 percent of the simple average price
received by producers of extra long staple cotton, as determined
by the Secretary, during 3 years of the 5-year period ending
July 31 of the year preceding the year in which the crop
is planted, excluding the year in which the average price was
the highest and the year in which the average price was the
lowest in the period; but
(2) not more than $0.7965 per pound.
(e) RICE.—The loan rate for a marketing assistance loan under
section 131 for rice shall be $6.50 per hundredweight.
(f) OILSEEDS.—
(1) SOYBEANS.—The loan rate for a marketing assistance
loan under section 131 for soybeans shall be—
(A) not less than 85 percent of the simple average
price received by producers of soybeans, as determined
by the Secretary, during the marketing years for the imme-
diately preceding 5 crops of soybeans, excluding the year
in which the average price was the highest and the year
in which the average price was the lowest in the period;
but
(B) not less than $4.92 or more than $5.26 per bushel.
(2) SUNFLOWER SEED, CANOLA, RAPESEED, SAFFLOWER, MUS-
TARD
SEED, AND
FLAXSEED.—The loan rate for a marketing
assistance loan under section 131 for sunflower seed, canola,
rapeseed, safflower, mustard seed, and flaxseed, individually,
shall be—
(A) not less than 85 percent of the simple average
price received by producers of sunflower seed, individually,
as determined by the Secretary, during the marketing years
for the immediately preceding 5 crops of sunflower seed,
individually, excluding the year in which the average price
was the highest and the year in which the average price
was the lowest in the period; but
(B) not less than $0.087 or more than $0.093 per
pound.
(3) OTHER
OILSEEDS.—The loan rates for a marketing
assistance loan under section 131 for other oilseeds shall be
established at such level as the Secretary determines is fair
and reasonable in relation to the loan rate available for soy-
beans, except in no event shall the rate for the oilseeds (other
than cottonseed) be less than the rate established for soybeans
on a per-pound basis for the same crop.
SEC. 133. TERM OF LOANS.
(a) TERM OF LOAN.—In the case of each loan commodity (other
than upland cotton or extra long staple cotton), a marketing assist-
ance loan under section 131 shall have a term of 9 months beginning
child guardianships’ means, with respect to a State 
and a fiscal year, the lesser of— 
‘‘(A) the foster child guardianship rate for 
the State for the then immediately preceding 
fiscal year; or 
‘‘(B) the foster child guardianship rate for 
the State for the average of the then imme-
diately preceding 3 fiscal years. 
‘‘(12) FOSTER
CHILD
GUARDIANSHIP.—The 
term ‘foster child guardianship’ means, with respect 
to a State, the exit of a child from foster care under 
the responsibility of the State to live with a legal 
guardian, if the State has reported to the Sec-
retary— 
‘‘(A) that the State agency has determined 
that— 
‘‘(i) the child has been removed from 
his or her home pursuant to a voluntary 
placement agreement or as a result of a ju-
dicial determination to the effect that con-
tinuation in the home would be contrary to 
the welfare of the child; 
‘‘(ii) being returned home or adopted 
are not appropriate permanency options 
for the child; 
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TITLE 
I—PROTECTING 
CHIL-
DREN AND YOUTH AT RISK OF 
SEX TRAFFICKING 
Subtitle A—Identifying and Pro-
tecting Children and Youth at 
Risk of Sex Trafficking 
SEC. 
101. 
IDENTIFYING, 
DOCUMENTING, 
AND 
DETER-
MINING 
SERVICES 
FOR 
CHILDREN 
AND 
YOUTH AT RISK OF SEX TRAFFICKING. 
(a) IN GENERAL.—Section 471(a)(9) (42 U.S.C. 
671(a)(9)) is amended— 
(1) in subparagraph (A), by striking ‘‘and’’; 
(2) in subparagraph (B), by inserting ‘‘and’’ 
after the semicolon; and 
(3) by adding at the end the following: 
‘‘(C) not later than— 
‘‘(i) 1 year after the date of enact-
ment of this subparagraph, demonstrate to 
the Secretary that the State agency has 
developed, in consultation with State and 
local law enforcement, juvenile justice sys-
tems, health care providers, education 
agencies, and organizations with experience 
in dealing with at-risk children and youth, 
policies and procedures (including relevant 
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training for caseworkers) for identifying, 
documenting in agency records, and deter-
mining appropriate services with respect 
to— 
‘‘(I) any child or youth over 
whom the State agency has responsi-
bility for placement, care, or super-
vision and who the State has reason-
able cause to believe is, or is at risk 
of being, a sex trafficking victim (in-
cluding children for whom a State 
child welfare agency has an open case 
file but who have not been removed 
from the home, children who have run 
away from foster care and who have 
not attained 18 years of age or such 
older age as the State has elected 
under section 475(8) of this Act, and 
youth who are not in foster care but 
are receiving services under section 
477 of this Act); and 
‘‘(II) at the option of the State, 
any individual who has not attained 
26 years of age, without regard to 
whether the individual is or was in 
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foster care under the responsibility of 
the State; and 
‘‘(ii) 2 years after such date of enact-
ment, demonstrate to the Secretary that 
the State agency is implementing the poli-
cies and procedures referred to in clause 
(i).’’. 
(b) DEFINITION OF SEX TRAFFICKING VICTIM.— 
Section 475 (42 U.S.C. 675) is amended by adding at the 
end the following: 
‘‘(9) The term ‘sex trafficking victim’ means a 
victim of— 
‘‘(A) sex trafficking (as defined in section 
103(10) of the Trafficking Victims Protection 
Act of 2000); or 
‘‘(B) a severe form of trafficking in per-
sons described in section 103(9)(A) of such 
Act.’’. 
SEC. 102. REPORTING INSTANCES OF SEX TRAFFICKING. 
(a) STATE PLAN REQUIREMENTS.—Section 471(a) 
(42 U.S.C. 671(a)) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(32); 
(2) by striking the period at the end of para-
graph (33) and inserting a semicolon; and 
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(3) by adding at the end the following: 
‘‘(34) provides that, for each child or youth de-
scribed in paragraph (9)(C)(i)(I), the State agency 
shall— 
‘‘(A) not later than 2 years after the date 
of the enactment of this paragraph, report im-
mediately, and in no case later than 24 hours 
after receiving information on children or youth 
who have been identified as being a sex traf-
ficking victim, to the law enforcement authori-
ties; and 
‘‘(B) not later than 3 years after such date 
of enactment and annually thereafter, report to 
the Secretary the total number of children and 
youth who are sex trafficking victims.’’. 
(b) DUTIES OF THE SECRETARY.—Section 471 (42 
U.S.C. 671) is amended by adding at the end the fol-
lowing: 
‘‘(d) ANNUAL REPORTS
BY
THE SECRETARY
ON 
NUMBER
OF CHILDREN
AND YOUTH REPORTED
BY 
STATES TO BE SEX TRAFFICKING VICTIMS.—Not later 
than 4 years after the date of the enactment of this sub-
section and annually thereafter, the Secretary shall report 
to the Congress and make available to the public on the 
Internet website of the Department of Health and Human 
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Services the number of children and youth reported in ac-
cordance with subsection (a)(34)(B) of this section to be 
sex trafficking victims (as defined in section 475(9)(A)).’’. 
SEC. 103. INCLUDING SEX TRAFFICKING DATA IN THE 
ADOPTION AND FOSTER CARE ANALYSIS AND 
REPORTING SYSTEM. 
Section 479(c)(3) (42 U.S.C. 679(c)(3)) is amend-
ed— 
(1) in subparagraph (C)(iii), by striking ‘‘and’’ 
after the comma; and 
(2) by adding at the end the following: 
‘‘(E) the annual number of children in fos-
ter care who are identified as sex trafficking 
victims— 
‘‘(i) who were such victims before en-
tering foster care; and 
‘‘(ii) who were such victims while in 
foster care; and’’. 
SEC. 104. LOCATING AND RESPONDING TO CHILDREN WHO 
RUN AWAY FROM FOSTER CARE. 
Section 471(a) (42 U.S.C. 671(a)), as amended by 
section 102(a) of this Act, is amended— 
(1) by striking the period at the end of para-
graph (34) and inserting ‘‘; and’’; and 
(2) by adding at the end the following: 
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‘‘(35) provides that— 
‘‘(A) not later than 1 year after the date 
of the enactment of this paragraph, the State 
shall develop and implement specific protocols 
for— 
‘‘(i) expeditiously locating any child 
missing from foster care; 
‘‘(ii) determining the primary factors 
that contributed to the child’s running 
away or otherwise being absent from care, 
and to the extent possible and appropriate, 
responding to those factors in current and 
subsequent placements; 
‘‘(iii) determining the child’s experi-
ences while absent from care, including 
screening the child to determine if the 
child is a possible sex trafficking victim (as 
defined in section 475(9)(A)); and 
‘‘(iv) reporting such related informa-
tion as required by the Secretary; and 
‘‘(B) not later than 2 years after such date 
of enactment, for each child and youth de-
scribed in paragraph (9)(C)(i)(I) of this sub-
section, the State agency shall report imme-
diately, and in no case later than 24 hours after 
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receiving, information on missing or abducted 
children or youth to the law enforcement au-
thorities for entry into the National Crime In-
formation Center (NCIC) database of the Fed-
eral Bureau of Investigation, established pursu-
ant to section 534 of title 28, United States 
Code, and to the National Center for Missing 
and Exploited Children.’’. 
SEC. 105. INCREASING INFORMATION ON CHILDREN IN 
FOSTER 
CARE 
TO 
PREVENT 
SEX 
TRAF-
FICKING. 
Not later than 2 years after the date of the enact-
ment of this Act, the Secretary of Health and Human 
Services shall submit to the Congress a written report 
which summarizes the following: 
(1) Information on children who run away from 
foster care and their risk of becoming sex trafficking 
victims, using data reported by States under section 
479 of the Social Security Act and information col-
lected by States related to section 471(a)(35) of 
such Act, including— 
(A) characteristics of children who run 
away from foster care; 
(B) potential factors associated with chil-
dren running away from foster care (such as 
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reason for entry into care, length of stay in 
care, type of placement, and other factors that 
contributed to the child’s running away); 
(C) information on children’s experiences 
while absent from care; and 
(D) trends in the number of children re-
ported as runaways in each fiscal year (includ-
ing factors that may have contributed to 
changes in such trends). 
(2) Information on State efforts to provide spe-
cialized services, foster family homes, child care in-
stitutions, or other forms of placement for children 
who are sex trafficking victims. 
(3) Information on State efforts to ensure chil-
dren in foster care form and maintain long-lasting 
connections to caring adults, even when a child in 
foster care must move to another foster family home 
or when the child is placed under the supervision of 
a new caseworker. 
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Subtitle B—Improving Opportuni-
ties for Children in Foster Care 
and Supporting Permanency 
SEC. 111. SUPPORTING NORMALCY FOR CHILDREN IN FOS-
TER CARE. 
(a) REASONABLE AND PRUDENT PARENT STAND-
ARD.— 
(1) DEFINITIONS
RELATING
TO
THE
STAND-
ARD.—Section 475 (42 U.S.C. 675), as amended by 
section 101(b) of this Act, is amended by adding at 
the end the following: 
‘‘(10)(A) The term ‘reasonable and prudent 
parent standard’ means the standard characterized 
by careful and sensible parental decisions that main-
tain the health, safety, and best interests of a child 
while at the same time encouraging the emotional 
and developmental growth of the child, that a care-
giver shall use when determining whether to allow a 
child in foster care under the responsibility of the 
State to participate in extracurricular, enrichment, 
cultural, and social activities. 
‘‘(B) For purposes of subparagraph (A), the 
term ‘caregiver’ means a foster parent with whom a 
child in foster care has been placed or a designated 
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official for a child care institution in which a child 
in foster care has been placed. 
‘‘(11)(A) The term ‘age or developmentally-ap-
propriate’ means— 
‘‘(i) activities or items that are generally 
accepted as suitable for children of the same 
chronological age or level of maturity or that 
are determined to be developmentally-appro-
priate for a child, based on the development of 
cognitive, emotional, physical, and behavioral 
capacities that are typical for an age or age 
group; and 
‘‘(ii) in the case of a specific child, activi-
ties or items that are suitable for the child 
based on the developmental stages attained by 
the child with respect to the cognitive, emo-
tional, physical, and behavioral capacities of the 
child. 
‘‘(B) In the event that any age-related activities 
have implications relative to the academic cur-
riculum of a child, nothing in this part or part B 
shall be construed to authorize an officer or em-
ployee of the Federal Government to mandate, di-
rect, or control a State or local educational agency, 
or the specific instructional content, academic 
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achievement standards and assessments, curriculum, 
or program of instruction of a school.’’. 
(2) 
STATE
PLAN
REQUIREMENT.—Section 
471(a)(24) (42 U.S.C. 671(a)(24)) is amended— 
(A) by striking ‘‘include’’ and inserting 
‘‘includes’’; 
(B) by striking ‘‘and that such prepara-
tion’’ and inserting ‘‘that the preparation’’; and 
(C) by inserting ‘‘, and that the prepara-
tion shall include knowledge and skills relating 
to the reasonable and prudent parent standard 
for the participation of the child in age or de-
velopmentally-appropriate activities, including 
knowledge and skills relating to the develop-
mental stages of the cognitive, emotional, phys-
ical, and behavioral capacities of a child, and 
knowledge and skills relating to applying the 
standard to decisions such as whether to allow 
the child to engage in social, extracurricular, 
enrichment, cultural, and social activities, in-
cluding sports, field trips, and overnight activi-
ties lasting 1 or more days, and to decisions in-
volving the signing of permission slips and ar-
ranging of transportation for the child to and 
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from extracurricular, enrichment, and social ac-
tivities’’ before the semicolon. 
(3) TECHNICAL ASSISTANCE.—The Secretary of 
Health and Human Services shall provide assistance 
to the States on best practices for devising strategies 
to assist foster parents in applying a reasonable and 
prudent parent standard in a manner that protects 
child safety, while also allowing children to experi-
ence normal and beneficial activities, including meth-
ods for appropriately considering the concerns of the 
biological parents of a child in decisions related to 
participation of the child in activities (with the un-
derstanding that those concerns should not nec-
essarily determine the participation of the child in 
any activity). 
(b) NORMALCY FOR CHILDREN IN CHILD CARE IN-
STITUTIONS.—Section 471(a)(10) (42 U.S.C. 671(a)(10)) 
is amended to read as follows: 
‘‘(10) provides— 
‘‘(A) for the establishment or designation 
of a State authority or authorities that shall be 
responsible for establishing and maintaining 
standards for foster family homes and child 
care institutions which are reasonably in accord 
with recommended standards of national orga-
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nizations concerned with standards for the in-
stitutions or homes, including standards related 
to admission policies, safety, sanitation, and 
protection of civil rights, and which shall permit 
use of the reasonable and prudent parenting 
standard; 
‘‘(B) that the standards established pursu-
ant to subparagraph (A) shall be applied by the 
State to any foster family home or child care 
institution receiving funds under this part or 
part B and shall require, as a condition of each 
contract entered into by a child care institution 
to provide foster care, the presence on-site of at 
least 1 official who, with respect to any child 
placed at the child care institution, is des-
ignated to be the caregiver who is authorized to 
apply the reasonable and prudent parent stand-
ard to decisions involving the participation of 
the child in age or developmentally-appropriate 
activities, and who is provided with training in 
how to use and apply the reasonable and pru-
dent parent standard in the same manner as 
prospective foster parents are provided the 
training pursuant to paragraph (24); 
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of the collection of the data used by the Direc-
tor in making allocations pursuant to this sec-
tion, such unit shall be treated as a nonreport-
ing unit of local government for purposes of
this subsection.
‘‘(B) If a unit of local government in the
State has been annexed since the date of the
collection of the data used by the Director in
making allocations pursuant to this section, the
Director shall pay the amount that would have
been allocated to such unit of local government
to the unit of local government that annexed it.
‘‘(9) RESOLUTION
OF
DISPARATE
ALLOCA-
TIONS.—(A) Notwithstanding any other provision of
this title, if—
‘‘(i) the attorney general of a State cer-
tifies that a unit of local government under the
jurisdiction of the State bears more than 50
percent of the costs of prosecution or incarcer-
ation that arise with respect to part 1 violent
crimes reported by a specified geographically
constituent unit of local government, and
‘‘(ii) but for this paragraph, the amount of
funds allocated under this section to—
(1) in subsection (b), by striking paragraph (3) 
and inserting the following: 
‘‘(3) DEFINITION.—(A) For purposes of this 
subsection, the term ‘full amount of the victim’s 
losses’ includes any costs incurred by the victim 
for— 
‘‘(i) lifetime medical services relating to 
physical, psychiatric, or psychological care; 
‘‘(ii) lifetime physical and occupational 
therapy or rehabilitation; 
‘‘(iii) necessary transportation, temporary 
housing, and child care expenses; 
‘‘(iv) lifetime lost income; and 
‘‘(v) attorneys’ fees, as well as other costs 
incurred. 
‘‘(B) For purposes of this subsection, the term 
‘full amount of the victim’s losses’ also includes any 
other losses suffered by the victim, in addition to the 
costs listed in subparagraph (A), if those losses are 
a proximate result of the offense. 
‘‘(C) For purposes of this subsection, the term 
‘full amount of the victim’s losses’ also includes any 
losses suffered by the victim from any sexual act or 
sexual conduct (as those terms are defined in section 
2246) in preparation for or during the production of 
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