[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1870 Placed on Calendar Senate (PCS)]
Calendar No. 279
113th CONGRESS
1st Session
S. 1870
To reauthorize and restructure adoption incentive payments, to better
enable State child welfare agencies to prevent sex trafficking of
children and serve the needs of children who are victims of sex
trafficking, to increase the reliability of child support for children,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 19, 2013
Mr. Baucus, from the Committee on Finance, reported the following
original bill; which was read twice and placed on the calendar
_______________________________________________________________________
A BILL
To reauthorize and restructure adoption incentive payments, to better
enable State child welfare agencies to prevent sex trafficking of
children and serve the needs of children who are victims of sex
trafficking, to increase the reliability of child support for children,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Supporting At-Risk
Children Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--STRENGTHENING AND FINDING FAMILIES FOR CHILDREN
Sec. 101. Short title of title.
Subtitle A--Adoption Incentive Payments
Sec. 111. Extension of program through fiscal year 2016.
Sec. 112. Improvements to award structure.
Sec. 113. Renaming of program.
Sec. 114. Limitations on use of incentive payments.
Sec. 115. State report on calculation and use of savings resulting from
the phase-out of eligibility requirements
for adoption assistance; requirement to
spend 40 percent of savings on certain
services.
Sec. 116. Preservation of eligibility for kinship guardianship
assistance payments with a successor
guardian.
Sec. 117. Data collection on adoption and foster child guardianship
disruption and dissolution.
Sec. 118. Encouraging the placement of children in foster care with
siblings.
Sec. 119. Effective dates.
Subtitle B--Extension of Family Connection Grant Program
Sec. 121. Extension of family connection grant program.
Subtitle C--Unemployment Compensation
Sec. 131. Improving the collection of unemployment insurance
overpayments through tax refund offset.
TITLE II--IDENTIFYING AND SERVING YOUTH VULNERABLE TO SEX TRAFFICKING
Sec. 201. Short title of title.
Subtitle A--Addressing the Risks That Make Youth Vulnerable to Sex
Trafficking and Other Negative Outcomes
Sec. 211. Identifying and screening youth at risk of sex trafficking.
Sec. 212. Improvements to another planned permanent living arrangement
as a permanency option.
Subtitle B--Empowering Older Youth Vulnerable to Domestic Sex
Trafficking and Other Negative Outcomes
Sec. 221. Empowering foster youth age 14 and older in the development
of their own case plan and transition
planning for a successful adulthood.
Sec. 222. Ensuring foster youth have a birth certificate, Social
Security card, driver's license or
equivalent State-issued identification
card, and a bank account.
Subtitle C--Data and Reports
Sec. 231. Streamline data collection and reporting on sex trafficking.
Sec. 232. Recommendations to Congress for expanding housing for youth
victims of trafficking.
Subtitle D--National Advisory Committee on Domestic Sex Trafficking
Sec. 241. National Advisory Committee on Domestic Sex Trafficking.
TITLE III--CHILD SUPPORT ENFORCEMENT
Sec. 301. Short title of title.
Subtitle A--Increased Reliability of Child Support
Sec. 311. Compliance with multilateral child support conventions.
Sec. 312. Relief from passport sanctions for certain individuals.
Sec. 313. Child support enforcement programs for Indian tribes.
Sec. 314. Parenting time arrangements.
Sec. 315. Efficient use of the National Directory of New Hires Database
for federally sponsored research assessing
the effectiveness of Federal policies and
programs in achieving positive labor market
outcomes.
Subtitle B--Child Support Enforcement Task Force
Sec. 321. Child Support Enforcement Task Force.
Subtitle C--Effective Dates
Sec. 331. Effective dates.
TITLE IV--BUDGETARY EFFECTS
Sec. 401. Determination of budgetary effects.
TITLE I--STRENGTHENING AND FINDING FAMILIES FOR CHILDREN
SEC. 101. SHORT TITLE OF TITLE.
This title may be cited as the ``Strengthening And Finding Families
for Children Act''.
Subtitle A--Adoption Incentive Payments
SEC. 111. EXTENSION OF PROGRAM THROUGH FISCAL YEAR 2016.
Section 473A of the Social Security Act (42 U.S.C. 673b) is
amended--
(1) in subsection (b)(5), by striking ``2008 through 2012''
and inserting ``2013 through 2015''; and
(2) in each of paragraphs (1)(D) and (2) of subsection (h),
by striking ``2013'' and inserting ``2016''.
SEC. 112. IMPROVEMENTS TO AWARD STRUCTURE.
(a) Eligibility for Award.--Section 473A(b) of the Social Security
Act (42 U.S.C. 673b(b)) is amended by striking paragraph (2) and
redesignating paragraphs (3) through (5) as paragraphs (2) through (4),
respectively.
(b) Data Requirements.--Section 473A(c)(2) of such Act (42 U.S.C.
673b(c)(2)) is amended--
(1) in the paragraph heading, by striking ``numbers of
adoptions'' and inserting ``rates of adoptions and
guardianships'';
(2) by striking ``the numbers'' and all that follows
through ``section,'' and inserting ``each of the rates required
to be determined under this section with respect to a State and
a fiscal year,''; and
(3) by inserting before the period the following: ``, and,
with respect to the determination of the rates related to
foster child guardianships, on the basis of information
reported to the Secretary under paragraph (12) of subsection
(g)''.
(c) Award Amount.--Section 473A(d) of such Act (42 U.S.C. 673b(d))
is amended--
(1) in paragraph (1), by striking subparagraphs (A) through
(C) and inserting the following:
``(A) $4,000, multiplied by the amount (if any) by
which--
``(i) the number of foster child adoptions
in the State during the fiscal year; exceeds
``(ii) the product (rounded to the nearest
whole number) of--
``(I) the base rate of foster child
adoptions for the State for the fiscal
year; and
``(II) the number of children in
foster care under the supervision of
the State on the last day of the
preceding fiscal year;
``(B) $8,000, multiplied by the amount (if any) by
which--
``(i) the number of older child adoptions
and older foster child guardianships in the
State during the fiscal year; exceeds
``(ii) the product (rounded to the nearest
whole number) of--
``(I) the base rate of older child
adoptions and older foster child
guardianships for the State for the
fiscal year; and
``(II) the number of children in
foster care under the supervision of
the State on the last day of the
preceding fiscal year who have attained
age 9;
``(C) $4,500, multiplied by the amount (if any) by
which--
``(i) the number of special needs adoptions
that are not older child adoptions in the State
during the fiscal year; exceeds
``(ii) the product (rounded to the nearest
whole number) of--
``(I) the base rate of special
needs adoptions that are not older
child adoptions for the State for the
fiscal year; and
``(II) the number of children in
foster care under the supervision of
the State on the last day of the
preceding fiscal year who have not
attained age 9; and
``(D) $4,000, multiplied by the amount (if any) by
which--
``(i) the number of foster child
guardianships in the State during the fiscal
year; exceeds
``(ii) the product (rounded to the nearest
whole number) of--
``(I) the base rate of foster child
guardianships for the State for the
fiscal year; and
``(II) the number of children in
foster care under the supervision of
the State on the last day of the
preceding fiscal year.''; and
(2) by striking paragraph (3) and inserting the following:
``(3) Increased adoption and legal guardianship incentive
payment for timely adoptions.--
``(A) In general.--If for any of fiscal years 2013
through 2015, the total amount of adoption and legal
guardianship incentive payments payable under paragraph
(1) of this subsection are less than the amount
appropriated under subsection (h) for the fiscal year,
then, from the remainder of the amount appropriated for
the fiscal year that is not required for such payments
(in this paragraph referred to as the `timely adoption
award pool'), the Secretary shall increase the adoption
incentive payment determined under paragraph (1) for
each State that the Secretary determines is a timely
adoption award State for the fiscal year by the award
amount determined for the fiscal year under
subparagraph (C) .
``(B) Timely adoption award state defined.--A State
is a timely adoption award State for a fiscal year if
the State is one of the 50 States or the District of
Columbia and the Secretary determines that more than 50
percent of the foster child adoptions that were
finalized in the State during the fiscal year were for
children for whom an adoption was finalized not more
than 12 months after the date on which the child
becomes legally free for adoption.
``(C) Award amount.--For purposes of subparagraph
(A), the award amount determined under this
subparagraph with respect to a fiscal year is the
amount equal to the product of--
``(i) the timely adoption award pool for
the fiscal year; and
``(ii) the number of timely adoption award
States for the fiscal year.''.
(d) Definitions.--Section 473A(g) of such Act (42 U.S.C. 673b(g))
is amended by striking paragraphs (1) through (8) and inserting the
following:
``(1) Foster child adoption rate.--The term `foster child
adoption rate' means, with respect to a State and a fiscal
year, the percentage determined by dividing--
``(A) the number of foster child adoptions
finalized in the State during the fiscal year; by
``(B) the number of children in foster care under
the supervision of the State on the last day of the
preceding fiscal year.
``(2) Base rate of foster child adoptions.--The term `base
rate of foster child adoptions' means, with respect to a State
and a fiscal year, the average of the foster child adoption
rate for the State for the immediately preceding 3 fiscal
years.
``(3) Foster child adoption.--The term `foster child
adoption' means the final adoption of a child who, at the time
of adoptive placement, was in foster care under the supervision
of the State.
``(4) Special needs adoptions that are not older child
adoptions rate.--The term `special needs adoptions that are not
older child adoptions rate' means, with respect to a State and
a fiscal year, the percentage determined by dividing--
``(A) the number of special needs adoptions that
are not older child adoptions finalized in the State
during the fiscal year; by
``(B) the number of children in foster care under
the supervision of the State on the last day of the
preceding fiscal year who have not attained age 9.
``(5) Base rate of special needs adoptions that are not
older child adoptions.--The term `base rate of special needs
adoptions that are not older child adoptions' means, with
respect to a State and a fiscal year, the average of the
special needs adoptions that are not older child adoptions rate
for the State for the immediately preceding 3 fiscal years.
``(6) Special needs adoptions that are not older child
adoptions.--The term `special needs adoptions that are not
older child adoptions' means the final adoptions of all
children who have not attained age 9 and for whom an adoption
assistance agreement is in effect under section 473.
``(7) Older child adoptions and older foster child
guardianships rate.--The term `older child adoptions and older
foster child guardianships rate' means, with respect to a State
and a fiscal year, the percentage determined by dividing--
``(A) the number of older child adoptions and older
foster child guardianships finalized in the State
during the fiscal year; by
``(B) the number of children in foster care under
the supervision of the State on the last day of the
preceding fiscal year, who have attained 9 years of
age.
``(8) Base rate of older child adoptions and older foster
child guardianships.--The term `base rate of older child
adoptions and older foster child guardianships' means, with
respect to a State and a fiscal year, the average of the older
child adoptions and older foster child guardianships rate for
the State for the immediately preceding 3 fiscal years.
``(9) Older child adoptions and older foster child
guardianships.--The term `older child adoptions and older
foster child guardianships' means the final adoption, or the
placement into legal guardianship, of all children who have
attained 9 years of age and--
``(A) at the time of the adoptive or legal
guardianship placement, were in foster care under the
supervision of the State; or
``(B) for whom an adoption assistance agreement was
in effect under section 473.
``(10) Foster child guardianship rate.--The term `foster
child guardianship rate' means, with respect to a State and a
fiscal year, the percentage determined by dividing--
``(A) the number of foster child guardianships that
occurred in the State during the fiscal year; by
``(B) the number of children in foster care under
the supervision of the State on the last day of the
preceding fiscal year.
``(11) Base rate of foster child guardianships.--The term
`base rate of foster child guardianships' means, with respect
to a State and a fiscal year, the average of the foster child
guardianship rate for the State for the immediately preceding 3
fiscal years.
``(12) Foster child guardianship.--The term `foster child
guardianship' means, with respect to a State, the exit of a
child from foster care under the responsibility of the State to
live with a legal guardian, if the State has reported to the
Secretary--
``(A) that the State agency has determined that--
``(i) the child has been removed from his
or her home pursuant to a voluntary placement
agreement or as a result of a judicial
determination to the effect that continuation
in the home would be contrary to the welfare of
the child;
``(ii) being returned home is not an
appropriate option for the child;
``(iii) the child demonstrates a strong
attachment to the prospective legal guardian,
and the prospective legal guardian has a strong
commitment to caring permanently for the child;
and
``(iv) if the child has attained 14 years
of age, the child has been consulted regarding
the legal guardianship arrangement; or
``(B) the alternative procedures used by the State
to determine that legal guardianship is the appropriate
option for the child.''.
SEC. 113. RENAMING OF PROGRAM.
(a) In General.--The section heading of section 473A of the Social
Security Act (42 U.S.C. 673b) is amended to read as follows:
``SEC. 473A. ADOPTION AND LEGAL GUARDIANSHIP INCENTIVE PAYMENTS.''.
(b) Conforming Amendments.--
(1) Section 473A of such Act is amended in each of
subsections (a), (d)(1), (d)(2)(A), and (d)(2)(B) (42 U.S.C.
673b(a), (d)(1), (d)(2)(A), and (d)(2)(B)) by inserting ``and
legal guardianship'' after ``adoption'' each place it appears.
(2) The heading of section 473A(d) of such Act (42 U.S.C.
673b(d)) is amended by inserting ``and Legal Guardianship''
after ``Adoption''.
SEC. 114. LIMITATIONS ON USE OF INCENTIVE PAYMENTS.
Section 473A(f) of the Social Security Act (42 U.S.C. 673b(f)) is
amended--
(1) in the first sentence, by inserting ``, and shall use
the amount to supplement, and not supplant, any Federal or non-
Federal funds used to provide any service under part B or E''
before the period;
(2) by inserting after the first sentence, the following:
``In the case of any State that is paid an incentive payment
under this section for a fiscal year that exceeds $100,000, the
State shall use at least 25 percent of the incentive payment
made to the State for that fiscal year to provide services for
children who have been reunified with their families, including
services to youth who, after emancipating from foster care,
return to their families, to support and sustain these
reunifications.''; and
(3) by striking ``the preceding sentence'' and inserting
``this subsection''.
SEC. 115. STATE REPORT ON CALCULATION AND USE OF SAVINGS RESULTING FROM
THE PHASE-OUT OF ELIGIBILITY REQUIREMENTS FOR ADOPTION
ASSISTANCE; REQUIREMENT TO SPEND 40 PERCENT OF SAVINGS ON
CERTAIN SERVICES.
Section 473(a)(8) of the Social Security Act (42 U.S.C. 673(a)(8))
is amended to read as follows:
``(8)(A) A State shall calculate the savings (if any) resulting
from the application of paragraph (2)(A)(ii) to all applicable children
for a fiscal year, using a methodology specified by the Secretary or an
alternate methodology proposed by the State and approved by the
Secretary.
``(B) A State shall annually report to the Secretary--
``(i) the methodology used to make the calculation
described in subparagraph (A), without regard to whether any
savings are found;
``(ii) the amount of any savings referred to in
subparagraph (A); and
``(iii) how any such savings are spent, accounting for and
reporting the spending separately from any other spending
reported to the Secretary under part B or E.
``(C) The Secretary shall make all information reported pursuant to
subparagraph (B) (including the information required under subparagraph
(D)(iii)) available on the website of the Department of Health and
Human Services in a location easily accessible to the public.
``(D)(i) A State shall spend an amount equal to the amount of the
savings (if any) in State expenditures under this part resulting from
the application of paragraph (2)(A)(ii) to all applicable children for
a fiscal year, to provide to children of families any service that may
be provided under this part or part B, and shall spend not less than 40
percent of any such savings on--
``(I) post-adoption or post-guardianship services (as
applicable) for children placed in adoptive, kinship
guardianship, or guardianship placements and their families;
and
``(II) services to support and sustain positive permanent
outcomes for children who otherwise might enter into foster
care under the responsibility of the State.
``(ii) Any spending by a State in accordance with this subparagraph
shall be used to supplement, and not supplant, any Federal or non-
Federal funds used to provide any service under part B or E.
``(iii) A State shall include in the annual report submitted to the
Secretary under subparagraph (B) a detailed account, in such form and
manner as the Secretary shall require, of the services funded by the
State to satisfy the requirements of clause (i) of this
subparagraph.''.
SEC. 116. PRESERVATION OF ELIGIBILITY FOR KINSHIP GUARDIANSHIP
ASSISTANCE PAYMENTS WITH A SUCCESSOR GUARDIAN.
Section 473(d)(3) of the Social Security Act (42 U.S.C. 673(d)(3))
is amended by adding at the end the following:
``(C) Eligibility not affected by replacement of
guardian with a successor guardian.--In the event of
the death or incapacity of the relative guardian, the
eligibility of a child for a kinship guardianship
assistance payment under this subsection shall not be
affected by reason of the replacement of the relative
guardian with a successor legal guardian named in the
kinship guardianship assistance agreement referred to
in paragraph (1) (including in any amendment to the
agreement), notwithstanding subparagraph (A) of this
paragraph and section 471(a)(28).''.
SEC. 117. DATA COLLECTION ON ADOPTION AND FOSTER CHILD GUARDIANSHIP
DISRUPTION AND DISSOLUTION.
(a) In General.--Section 479 of the Social Security Act (42 U.S.C.
679) is amended by adding at the end the following new subsection:
``(d)(1) Not later than 12 months after the date of enactment of
the Strengthening And Finding Families for Children Act the Secretary
shall, as part of the data collection system established under this
section, promulgate final regulations providing for the collection and
analysis of information regarding children who enter into foster care
under the supervision of a State as a result of the disruption of a
placement for adoption or foster child guardianship or the dissolution
of an adoption or foster child guardianship. The regulations shall
require each State with a State plan approved under this part and part
B to collect and report as part of such data collection system and, as
appropriate, to report supplementary, descriptive, or spending
information required separate from such system and, as appropriate, as
part of other reports required under this part or part B, the
information specified in paragraph (2).
``(2) The regulations promulgated under paragraph (1) shall require
a State to collect and report the following information:
``(A) Information on children born in the United States who
are adopted or placed in a foster child guardianship and who
enter into foster care under the supervision of the State as a
result of the disruption of a placement for adoption or foster
child guardianship or the dissolution of an adoption or foster
child guardianship, including--
``(i) the number of such children who enter into
foster care under the supervision of the State as a
result of--
``(I) the disruption of placement for
adoption;
``(II) the disruption of placement for
foster child guardianship;
``(III) the dissolution of an adoption; or
``(IV) the dissolution of a foster child
guardianship; and
``(ii) for each child identified under clause (i)--
``(I) the length of the adoption or foster
child guardianship placement prior to
disruption or dissolution;
``(II) the age of the child at the time of
the disruption or dissolution;
``(III) the reason for the disruption or
dissolution, as well as illustrative or
supplementary materials that provide
elaboration for the reason; and
``(IV) the agencies who handled the
placement for adoption or foster child
guardianship.
``(B) Information on children born in a country other than
the United States who enter into foster care under the
supervision of the State as a result of the disruption of a
placement for adoption or the dissolution of an adoption,
including--
``(i) the number of such children who enter into
foster care under the supervision of the State as a
result of--
``(I) the disruption of placement for
adoption; or
``(II) the dissolution of an adoption;
``(ii) for each child identified under clause (i)--
``(I) the child's country of birth and, if
different, the country from which the child
originally was placed for adoption;
``(II) the length of the adoption placement
prior to disruption or dissolution;
``(III) the age of the child at the time of
the disruption or dissolution;
``(IV) the reason for the disruption or
dissolution, as well as illustrative or
supplementary materials that provide
elaboration for the reason; and
``(V) the agencies who handled the
placement for adoption; and
``(C) A description of the pre- and post-adoptive support
services that the State has determined result in lower rates of
disruption and dissolution of adoptions or foster child
guardianships.
``(D) Information on how the State spends funds paid to the
State from an allotment for the State under section 433 to
promote adoption, and, separately, to provide pre and post-
adoptive support services.
``(E) Such other information as determined appropriate by
the Secretary.
``(3) For purposes of this subsection, the term `foster child
guardianship' has the meaning given that term in section
473A(g)(12).''.
(b) Annual Report.--Section 479A of the Social Security Act (42
U.S.C. 679b) is amended--
(1) in paragraph (5), by striking ``and'' after the
semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) include in the report submitted pursuant to paragraph
(5) for fiscal year 2016 or any succeeding fiscal year,
national and State-by-State data on the numbers and rates of
disruptions and dissolutions of adoptions, as collected
pursuant to section 479(d).''.
SEC. 118. ENCOURAGING THE PLACEMENT OF CHILDREN IN FOSTER CARE WITH
SIBLINGS.
(a) State Plan Amendment.--
(1) Notification of parents of siblings.--Section
471(a)(29) of the Social Security Act (42 U.S.C. 671(a)(29)) is
amended by striking ``all adult grandparents'' and inserting
``the following relatives: all adult grandparents, all parents
of a sibling of the child, where such parent has legal custody
of such sibling,''.
(2) Sibling defined.--Section 475 of the Social Security
Act (42 U.S.C. 675) is amended by adding at the end the
following:
``(9) The term `sibling' means an individual who satisfies
at least one of the following conditions with respect to a
child:
``(A) The individual is considered by State law to
be a sibling of the child.
``(B) The individual would have been considered a
sibling of the child under State law but for a
termination or other disruption of parental rights,
such as the death of a parent.''.
(b) Rule of Construction.--Nothing in this section shall be
construed as subordinating the rights of foster or adoptive parents of
a child to the rights of the parents of a sibling of that child.
SEC. 119. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided in this section, the
amendments made by this subtitle shall take effect as if enacted on
October 1, 2013.
(b) Restructuring and Renaming of Program.--
(1) In general.--The amendments made by sections 112 and
113 shall take effect on October 1, 2014, subject to paragraph
(2).
(2) Transition rule.--
(A) In general.--Notwithstanding any other
provision of law, the total amount payable to a State
under section 473A of the Social Security Act for
fiscal year 2014 shall be an amount equal to \1/2\ of
the sum of--
(i) the total amount that would be payable
to the State under such section for fiscal year
2014 if the amendments made by section 112 of
this Act had not taken effect; and
(ii) the total amount that would be payable
to the State under such section for fiscal year
2014 in the absence of this paragraph.
(B) Pro rata adjustment if insufficient funds
available.--If the total amount otherwise payable under
subparagraph (A) for fiscal year 2014 exceeds the
amount appropriated pursuant to section 473A(h) of the
Social Security Act (42 U.S.C. 673b(h)) for that fiscal
year, the amount payable to each State under
subparagraph (A) for fiscal year 2014 shall be--
(i) the amount that would otherwise be
payable to the State under subparagraph (A) for
fiscal year 2014; multiplied by
(ii) the percentage represented by the
amount so appropriated for fiscal year 2014,
divided by the total amount otherwise payable
under subparagraph (A) to all States for that
fiscal year.
(c) Promoting Sibling Connections.--
(1) In general.--The amendments made by section 118 shall
take effect on the date of enactment of this Act.
(2) Delay permitted if state legislation required.--In the
case of a State plan approved under part E of title IV of the
Social Security Act which the Secretary of Health and Human
Services determines requires State legislation (other than
legislation appropriating funds) in order for the plan to meet
the additional requirements imposed by section 118, the State
plan shall not be regarded as failing to comply with the
requirements of such part solely on the basis of the failure of
the plan to meet such additional requirements before the 1st
day of the 1st calendar quarter beginning after the close of
the 1st regular session of the State legislature that ends
after the 1-year period beginning with the date of enactment of
this Act. For purposes of the preceding sentence, in the case
of a State that has a 2-year legislative session, each year of
the session is deemed to be a separate regular session of the
State legislature.
Subtitle B--Extension of Family Connection Grant Program
SEC. 121. EXTENSION OF FAMILY CONNECTION GRANT PROGRAM.
(a) In General.--Section 427(h) of the Social Security Act (42
U.S.C. 627(h)) is amended by striking ``2013'' and inserting ``2016''.
(b) Eligibility of Universities for Matching Grants.--Section
427(a) of such Act (42 U.S.C. 627(a)) is amended, in the matter
preceding paragraph (1)--
(1) by striking ``and'' before ``private''; and
(2) by inserting ``and institutions of higher education (as
defined under section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001)),'' after ``arrangements,''.
(c) Finding Families for Foster Youth Who Are Parents.--Section
427(a)(1)(E) of such Act (42 U.S.C. 627(a)(1)(E)) is amended by
inserting ``and other individuals who are willing and able to be foster
parents for children in foster care under the responsibility of the
State who are themselves parents'' after ``kinship care families''.
(d) Reservation of Funds.--Section 427(g) of such Act (42 U.S.C.
627(g)) is amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively.
Subtitle C--Unemployment Compensation
SEC. 131. IMPROVING THE COLLECTION OF UNEMPLOYMENT INSURANCE
OVERPAYMENTS THROUGH TAX REFUND OFFSET.
(a) In General.--Section 303 of the Social Security Act (42 U.S.C.
503) is amended by adding at the end the following:
``(m) In the case of a covered unemployment compensation debt (as
defined under section 6402(f)(4) of the Internal Revenue Code of 1986)
that remains uncollected as of the date that is 2 years after the date
when such debt was first incurred, the State to which such debt is owed
shall take action to recover such debt under section 6402(f) of the
Internal Revenue Code of 1986.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2015.
TITLE II--IDENTIFYING AND SERVING YOUTH VULNERABLE TO SEX TRAFFICKING
SEC. 201. SHORT TITLE OF TITLE.
This Act may be cited as the ``Protecting Youth At-Risk for Sex
Trafficking Act''.
Subtitle A--Addressing the Risks That Make Youth Vulnerable to Sex
Trafficking and Other Negative Outcomes
SEC. 211. IDENTIFYING AND SCREENING YOUTH AT RISK OF SEX TRAFFICKING.
Section 471(a)(9) of the Social Security Act (42 U.S.C. 671(a)(9))
is amended--
(1) in subparagraph (A), by striking ``and'';
(2) in subparagraph (B), by inserting ``and'' after the
semicolon; and
(3) by adding at the end the following:
``(C) not later than--
``(i) 1 year after the date of enactment of
the Protecting Youth At-Risk for Sex
Trafficking Act, demonstrate to the Secretary
that it has developed, in consultation with the
child protective services agency or unit for
the State, policies and procedures for
identifying and screening, and to determine
appropriate State action and services, any
child who the State has reasonable cause to
believe is a victim of sex trafficking (as
defined in section 103(10) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C.
7102(10))) or a severe form of trafficking in
persons described in paragraph (9)(A) of that
Act (22 U.S.C. 7102(9)(A)) or is at risk of
being a victim of either kind of trafficking
(including at the option of the State, any
individual who has not attained age 26 without
regard to whether that individual is or was in
foster care under the responsibility of the
State); and
``(ii) 2 years after the date of enactment
of the Protecting Youth At-Risk for Sex
Trafficking Act, demonstrate to the Secretary
that it is implementing, in consultation with
the child protective services agency or unit
for the State, the policies and procedures
developed under clause (i).''.
SEC. 212. IMPROVEMENTS TO ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT
AS A PERMANENCY OPTION.
(a) Elimination of the Option for Children Under Age 16.--
(1) In general.--Section 475(5)(C) of the Social Security
Act (42 U.S.C. 675(5)(C)) is amended by inserting ``only in the
case of a child who has attained age 16'' before ``(in cases
where the State agency has documented''.
(2) Conforming amendment.--Section 422(b)(8)(A)(iii)(II) of
such Act (42 U.S.C. 622(b)(8)(A)(iii)(II)) is amended by
inserting ``, subject to the requirements of paragraphs (5)(C)
and (10) of section 475'' after ``arrangement''.
(b) Additional Requirements.--
(1) In general.--Part E of title IV of the Social Security
Act (42 U.S.C. 670 et seq.) is amended by inserting after
section 475 the following new section:
``additional case plan and case review system requirements
``Sec. 475A. (a) Requirements for Another Planned Permanent Living
Arrangement.--In the case of any child for whom another planned
permanent living arrangement is the permanency plan for the child, the
following requirements shall apply for purposes of approving the case
plan for the child and the case system review procedure for the child:
``(1) Documentation of intensive, ongoing, unsuccessful
efforts for family placement.--At each permanency hearing held
with respect to the child, the State agency documents the
intensive, ongoing, and, as of the date of the hearing,
unsuccessful efforts made by the State agency to return the
child home, place the child with a fit and willing relative,
place the child with a legal guardian, or place the child for
adoption, including through efforts that utilize search
technology to find biological family members for children in
the child welfare system.
``(2) Redetermination of appropriateness of placement at
each permanency hearing.--At each permanency hearing held with
respect to the child, the court or administrative body
appointed or approved by the court conducting the hearing on
the permanency plan for the child shall do the following:
``(A) Ask the child if the child wants to be
adopted.
``(B) Make a judicial determination of a compelling
reason with respect to each of the following options
for why it continues to be not in the best interests of
the child to--
``(i) return home;
``(ii) be placed with a fit and willing
relative;
``(iii) be placed with a legal guardian; or
``(iv) be placed for adoption.
``(C) Identify the barriers to permanency plans
other than another planned permanent living arrangement
for the child.
``(D) Make a new determination that another planned
permanent living arrangement is the appropriate
permanency plan for this child and submit findings as
to why, as of the date of the hearing, another planned
permanent living arrangement is the best permanency
plan for the child.
``(E) Require the State agency to document at the
next permanency hearing held with respect to the child
the intensive, ongoing, efforts made by the State
agency to address such barriers and allow a different
permanency plan for the child.
``(3) Demonstration of support for engaging in age or
developmentally appropriate activities and social events.--The
State agency shall appear before the court or administrative
body appointed or approved by the court and demonstrate, not
less frequently than every 6 months while the child is placed
in another planned permanent living arrangement--
``(A) the steps the State agency is taking,
including with respect to reducing barriers such as
paper work or other documentation, to ensure the child
has regular, ongoing opportunities to engage in age or
developmentally appropriate activities, including
social events; and
``(B) that an individual, other than a caseworker,
is the caregiver for the child for purposes of the
reasonable and prudent parent standard (as defined in
section 475(9)), including with respect to authority
for signing permission slips and giving informal
permission for the child to participate in age or
developmentally appropriate activities, including
social events.''.
(2) Conforming amendments.--
(A) State plan requirements.--
(i) Part b.--Section 422(b)(8)(A)(ii) of
the Social Security Act (42 U.S.C.
622(b)(8)(A)(ii)) is amended by inserting ``in
accordance with the requirements of section
475A'' after ``section 475(5))''.
(ii) Part e.--Section 471(a)(16) of the
Social Security Act (42 U.S.C. 671(a)(16)) is
amended--
(I) by inserting ``and in
accordance with the requirements of
section 475A'' after ``section
475(1)''; and
(II) by striking ``section
475(5)(B)'' and inserting ``section
475(5) and 475A''.
(B) Definitions.--Section 475 of the Social
Security Act (42 U.S.C. 675) is amended--
(i) in paragraph (1), in the matter
preceding subparagraph (A), by inserting
``meets the requirements of section 475A and''
after ``written document which'';
(ii) in paragraph (5)(C), as amended by
subsection (a)(1)--
(I) by inserting ``, as of the date
of the hearing,'' after ``compelling
reason for determining''; and
(II) by inserting ``subject to the
requirements of section 475A(a),''
after ``another planned permanent
living arrangement,''; and
(iii) by adding at the end the following:
``(9)(A) The term `reasonable and prudent parent standard'
means the standard characterized by careful and sensible
parental decisions that maintain a child's health, safety, and
best interests while at the same time encouraging the child's
emotional and developmental growth, that a caregiver shall use
when determining whether to allow a child in foster care under
the responsibility of the State to participate in
extracurricular, enrichment, and social activities.
``(B) For purposes of subparagraph (A), the term
`caregiver' means a foster parent with whom a child in foster
care has been placed or a designated official for a child care
institution in which a child in foster care has been placed.
``(10)(A)(i) The term `age or developmentally appropriate'
means activities or items that are generally accepted as
suitable for children of the same chronological age or level of
maturity or that are determined to be developmentally
appropriate for a child, based on the development of cognitive,
emotional, physical, and behavioral capacities that are typical
for an age or age group.
``(ii) In the event that any age related activities have
implications relative to a child or youth's academic
curriculum, nothing in this part or part B shall be construed
to authorize an officer or employee of the Federal Government
to mandate, direct, or control a State, local educational
agency, or school's specific instructional content, academic
achievement standards and assessments, curriculum, or program
of instruction
``(B) In the case of a specific child, the term means
activities or items that are suitable for that child based on
the developmental stages attained by the child with respect to
the child's cognitive, emotional, physical, and behavioral
capacities.''.
(c) Collected Child Support Directed to the Youth.--
(1) Foster youth in another planned permanent living
arrangement.--Section 457(e)(1) of the Social Security Act (42
U.S.C. 657(e)(1)) is amended by inserting ``unless the
permanency plan for the child is another planned permanent
living arrangement, in which case the amounts collected
(without any reimbursement to the Federal Government) shall be
deposited by the State agency responsible for supervising the
child's placement in an account established for the benefit of
the child and only used for payment of fees or other costs
attributable to the child's participation in age or
developmentally appropriate activities (until the child attains
18 years of age or such higher age as the State has elected
under section 475(8)(B)(iii) at which time any funds in the
account shall be paid to the child)'' before the semicolon.
(2) Former foster youth who have aged out of foster care.--
Section 457 of the Social Security Act (42 U.S.C. 657) is
amended--
(A) in subsection (a), in the matter preceding
paragraph (1), by striking ``(d) and (e)'' and
inserting ``(d), (e), and (f)''; and
(B) by adding at the end the following new
subsection:
``(f) Youth Age 18 or Older in Foster Care.--Notwithstanding the
preceding provisions of this section, amounts collected by a State as
child support for months in any period on behalf of a child who is in
foster care under the responsibility of the State on the date the child
attains 18 years of age or such higher age as the State has elected
under section 475(8)(B)(iii) shall be paid to the child (without any
reimbursement to the Federal Government).''.
(3) State plan amendment.--Section 454(11) of the Social
Security Act (42 U.S.C. 654(11)) is amended--
(A) in subparagraph (A), by striking ``and'' after
the semicolon;
(B) in subparagraph (B), by adding ``and'' after
the semicolon; and
(C) by inserting after subparagraph (B), the
following:
``(C) provide a description of the procedures the State has
in effect to comply with the requirements under section
457(e)(1) regarding funds collected on behalf of a child in
another planned permanent living arrangement and with the
requirements under section 457(f) regarding payment of amounts
collected on behalf of a child who is in foster care under the
responsibility of the State on the date the child attains 18
years of age or such higher age as the State has elected under
section 475(8)(B)(iii);''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date
that is 1 year after the date of enactment of this Act.
(2) Delay of child support amendment permitted if state
legislation required.--In the case of a State plan approved
under section 454 of the Social Security Act which requires
State legislation (other than legislation appropriating funds)
in order for the plan to meet the additional requirements
imposed by the amendments made by subsection (c), the State
plan shall not be regarded as failing to comply with the
additional requirements solely on the basis of the failure of
the plan to meet the additional requirements before the first
day of the first calendar quarter beginning after the close of
the first regular session of the State legislature that begins
after the date of enactment of this Act. For purposes of the
previous sentence, in the case of a State that has a 2-year
legislative session, each year of such session shall be deemed
to be a separate regular session of the State legislature.
Subtitle B--Empowering Older Youth Vulnerable to Domestic Sex
Trafficking and Other Negative Outcomes
SEC. 221. EMPOWERING FOSTER YOUTH AGE 14 AND OLDER IN THE DEVELOPMENT
OF THEIR OWN CASE PLAN AND TRANSITION PLANNING FOR A
SUCCESSFUL ADULTHOOD.
(a) In General.--Section 475(1)(B) of the Social Security Act (42
U.S.C. 675(1)(B)) is amended by adding at the end the following: ``With
respect to a child who has attained age 14, the plan developed under
this paragraph for the child, the permanency plan required for the
child under paragraph (5)(C), and any revisions or additions to such
plans, shall be developed in consultation with the child and, at the
option of the child, with up to 2 members of the case planning team who
are chosen by the child and who are not the child's foster parent or
caseworker. A State may reject an individual selected by a child to be
a member of the case planning team at any time if the State has good
cause to believe that the individual would not act in the best
interests of the child. One individual selected by a child to be a
member of the child's case planning team may be designated to be the
child's advisor and, as necessary, advocate, with respect to the
application of the reasonable and prudent parent standard to the
child.''.
(b) Conforming Amendments To Include Youth 14 and Older in
Transition Planning.--Section 475 of such Act (42 U.S.C. 675) is
amended--
(1) in paragraph (1)(D), by striking ``Where appropriate,
for a child age 16'' and inserting ``For a child age 14''; and
(2) in paragraph (5)--
(A) in subparagraph (C)--
(i) by striking ``16'' and inserting
``14''; and
(ii) by striking ``independent living'' and
inserting ``a successful adulthood and that the
permanency plan for the child is developed in
accordance with the requirements specified in
paragraph(1)(B)''; and
(B) in subparagraph (I), by striking ``16'' and
inserting ``14''.
(c) Transition Planning for a Successful Adulthood.--Paragraphs
(1)(D) and (5)(C)(iii) of section 475 of such Act (42 U.S.C. 675) are
each amended by striking ``independent living'' and inserting ``a
successful adulthood''.
(d) List of Rights.--Section 475A of the Social Security Act, as
added by section 212(b)(1), is amended by adding at the end the
following new subsection:
``(b) List of Rights.--The case plan for any child in foster care
under the responsibility of the State or with respect to whom adoption
or kinship guardianship, assistance is made available under this part,
who has attained age 14 shall include an age or developmentally
appropriate written document that describes the child's rights with
respect to education, health, visitation, and court participation, and
to staying safe and avoiding exploitation and a signed acknowledgment
by the child that the child has been provided them with a written copy
of such document.''.
(e) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary of Health and Human Services shall submit a
report to Congress regarding the implementation of the amendments made
by this section. The report shall include--
(1) an analysis of how States are administering the
requirement of section 475(1)(B) of the Social Security Act, as
amended by subsection (a) of this Act, to permit a child in
foster care who has attained age 14 to select up to 2 members
of the child's case planning team from individuals who are not
the child's foster parent or caseworker for the development of
the plan for the child under paragraph (1)(B) of section 475 of
such Act, the permanency plan required for the child under
paragraph (5)(C) of section 475 of such Act, and for any
revisions or additions to such plans; and
(2) a description of best practices of States with respect
to the administration of the requirement.
SEC. 222. ENSURING FOSTER YOUTH HAVE A BIRTH CERTIFICATE, SOCIAL
SECURITY CARD, DRIVER'S LICENSE OR EQUIVALENT STATE-
ISSUED IDENTIFICATION CARD, AND A BANK ACCOUNT.
(a) Case Review System Requirement.--Section 475(5)(I) of the
Social Security Act (42 U.S.C. 675(5)(I)) is amended--
(1) by striking ``and receives assistance'' and inserting
``receives assistance''; and
(2) by inserting before the period, the following: ``and is
not discharged from care without being provided with an
official birth certificate, a social security card issued by
the Commissioner of Social Security, a driver's license or
identification card issued by a State in accordance with the
requirements of section 202 of the REAL ID Act of 2005, and a
fee-free (or low-fee) transaction account (as defined in
section 19(b)(1)(C) of the Federal Reserve Act (12 U.S.C.
461(b)(1)(C))) established in the child's name at an insured
depository institution (as defined in section 3 of the Federal
Deposit Insurance Act (12 U.S.C. 1813)) or an insured credit
union (as defined in section 101 of the Federal Credit Union
Act (12 U.S.C. 1752)), unless the child, after consultation
with the child's selected members of the child's case planning
team (if any), elects not to have such an account
established''.
(b) Penalty for Noncompliance.--Section 474 of the Social Security
Act (42 U.S.C. 674)) is amended by adding at the end the following:
``(h) Reduced Federal Matching Percentage for Administration for
Failure To Ensure Foster Youth Have a Birth Certificate, Social
Security Card, Picture ID, and a Bank Account.--If the Secretary finds
with respect to a fiscal year quarter that a State has failed to comply
with the requirement under section 475(5)(I) to provide each child in
foster care under the responsibility of the State with an official
birth certificate, a social security card issued by the Commissioner of
Social Security, a driver's license or identification card issued by a
State in accordance with the requirements of section 202 of the REAL ID
Act of 2005, and a fee-free (or low-fee) transaction account (as
defined in section 19(b)(1)(C) of the Federal Reserve Act (12 U.S.C.
461(b)(1)(C))) established in the child's name at an insured depository
institution (as defined in section 3 of the Federal Deposit Insurance
Act (12 U.S.C. 1813)) or an insured credit union (as defined in section
101 of the Federal Credit Union Act (12 U.S.C. 1752)) before the child
is discharged from such care, (unless the child elects, after
consultation with the child's selected members of the child's case
planning team (if any), not to have such an account established) then,
notwithstanding subsection (a) of this section and any regulations
promulgated under section 1123A(b)(3), the Secretary shall reduce the
Federal matching percentage for expenditures described in subsection
(a)(3)(E) for the succeeding fiscal year quarter by 1 percentage point
for every multiple of 10 children for whom the Secretary determines the
State failed to comply with such requirements (but not to exceed 25
percentage points).''.
(c) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendments
made by this section take effect on October 1, 2015.
(2) Extension for state law amendment.--In the case of a
State plan approved under part B or E of title IV of the Social
Security Act which the Secretary of Health and Human Services
determines requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the
additional requirements imposed by the amendments made by this
section, the State plan shall not be regarded as failing to
comply with the requirements of such part solely on the basis
of the failure of the plan to meet such additional requirements
before the first day of the first calendar quarter beginning
after the close of the first regular session of the State
legislature that ends after the 1-year period beginning with
the date of enactment of this Act. For purposes of the
preceding sentence, in the case of a State that has a 2-year
legislative session, each year of the session is deemed to be a
separate regular session of the State legislature.
Subtitle C--Data and Reports
SEC. 231. STREAMLINE DATA COLLECTION AND REPORTING ON SEX TRAFFICKING.
(a) State Plan Requirements.--
(1) In general.--Section 471(a) of the Social Security Act
(42 U.S.C. 671(a)) is amended--
(A) by striking ``and'' at the end of paragraph
(32);
(B) by striking the period at the end of paragraph
(33) and inserting a semicolon; and
(C) by adding at the end the following:
``(34) provides that for each child over whom the State
agency has responsibility for placement, care, or supervision
(including a child who is in foster care, a child for whom a
State child welfare agency has an open case file but who has
not been removed from the home, and a youth who is not in
foster care but is receiving services under section 477), the
State agency shall--
``(A) identify and document appropriately in agency
records each child who is identified as being a victim
of sex trafficking (as defined in section 103(10) of
the Trafficking Victims Protection Act of 2000) or as a
victim of severe forms of trafficking in persons
described in section 103(9)(A) of the Trafficking
Victims Protection Act of 2000 (relating to sex
trafficking) as such a victim; and
``(B) report immediately, and in no case later than
24 hours after receiving, information on missing or
abducted children to the law enforcement authorities
for entry into the National Crime Information Center
(NCIC) database of the Federal Bureau of Investigation,
established pursuant to section 534 of title 28, United
States Code, and to the National Center for Missing and
Exploited Children; and
``(35) contains a regularly updated description of the
specific measures taken by the State agency to protect and
provide services to children who are victims of sex trafficking
(as defined in section 103(10) of the Trafficking Victims
Protection Act of 2000) or as a victim of severe forms of
trafficking in persons described in section 103(9)(A) of the
Trafficking Victims Protection Act of 2000 (relating to sex
trafficking), including efforts to coordinate with State law
enforcement, juvenile justice, and social service agencies such
as runaway and homeless youth shelters to serve that
population.''.
(2) Effective date.--
(A) In general.--Except as provided in subparagraph
(B), the amendments made by subsection (a) shall take
effect on the date that is 1 year after the date of the
enactment of this Act, without regard to whether final
regulations required under subsection (b) have been
promulgated.
(B) Delay permitted if state legislation
required.--In the case of a State plan approved under
part E of title IV of the Social Security Act which the
Secretary of Health and Human Services determines
requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the
additional requirements imposed by subsection (a), the
State plan shall not be regarded as failing to comply
with the requirements of such part solely on the basis
of the failure of the plan to meet such additional
requirements before the first day of the first calendar
quarter beginning after the close of the first regular
session of the State legislature that ends after the 1-
year period beginning with the date of the enactment of
this Act. For purposes of the preceding sentence, in
the case of a State that has a 2-year legislative
session, each year of the session is deemed to be a
separate regular session of the State legislature.
Except as otherwise provided in this Act the amendments
made by this Act shall take effect on the date that is
1 year after the date of the enactment of this Act.
(b) Inclusion of Data in AFCARS.--
(1) In general.--Section 479(c)(3) of the Social Security
Act (42 U.S.C. 679(c)(3)) is amended--
(A) in subparagraph (C)(iii), by striking ``and''
after the semicolon; and
(B) by adding at the end the following:
``(E) the number of children in foster care (and to
the extent the Secretary determines feasible, the
number of other children over whom the State agency has
responsibility for placement, care, or supervision
(including children for whom a State child welfare
agency has an open case file but who have not been
removed from the home and youth who are not in foster
care but are receiving services under section 477) who
are identified as victims of sex trafficking (as
defined in section 103(10) of the Trafficking Victims
Protection Act of 2000) or as victims of severe forms
of trafficking in persons described in section
103(9)(A) of the Trafficking Victims Protection Act of
2000 (relating to sex trafficking); and''.
(2) Reports to congress.--
(A) Initial report.--Not later than the date that
is 2 years after the date of enactment of this Act, the
Secretary of Health and Human Services shall--
(i) survey each State with a State plan
approved under part B or E of title IV of the
Social Security Act (42 U.S.C. 621 et seq., 670
et seq.) to determine the estimated number of
children in foster care and the estimated
number of other children over whom the State
agency has responsibility for placement, care,
or supervision (including children for whom a
State child welfare agency has an open case
file but who have not been removed from the
home and youth who are not in foster care but
are receiving services under section 477 of
such Act (42 U.S.C. 677) who are identified as
victims of sex trafficking (as defined in
section 103(10) of the Trafficking Victims
Protection Act of 2000) or as victims of severe
forms of trafficking in persons described in
section 103(9)(A) of the Trafficking Victims
Protection Act of 2000 (relating to sex
trafficking); and
(ii) submit a report to Congress that
includes the results of such survey, including
State-specific data, along with such
recommendations for administrative or
legislative action as the Secretary of Health
and Human Services determines appropriate
relating to the identification of, and
provision of services for, such children.
(B) Annual reports.--Section 479A of the Social
Security Act (42 U.S.C. 679b), as amended by section
117(b), is further amended--
(i) in paragraph (6), by striking ``and''
after the semicolon;
(ii) in paragraph (7), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(8) include in the report submitted pursuant to paragraph
(5) for the first fiscal year that begins on or after the
effective date of a final rule implementing the data collection
required under subparagraph (E) of section 479(c)(3), and for
each succeeding fiscal year, the State-specific data collected
under such subparagraph, along with such other information as
the Secretary determines appropriate relating to the
identification of, and provision of services for, the
population of children identified in such data.''.
SEC. 232. RECOMMENDATIONS TO CONGRESS FOR EXPANDING HOUSING FOR YOUTH
VICTIMS OF TRAFFICKING.
Part A of title XI of the Social Security Act (42 U.S.C. 1301 et
seq.) is amended by inserting after section 1123A, the following:
``recommendations to congress for expanding housing for youth victims
of trafficking
``Sec. 1123B. (a) In General.--Not later than 1 year after the
enactment of this section, the head of each Federal agency specified in
subsection (c) shall submit a report to Congress that contains
recommendations for administrative or legislative changes necessary to
use programs, properties, or other resources owned, operated, or funded
by the Federal Government to provide safe housing for youth who are
victims of trafficking and to provide support to entities that provide
housing or other assistance to such victims.
``(b) Content.--The reports required by subsection (a) shall
include with respect to programs, properties, or other resources owned,
operated, or funded by each Federal agency specified in subsection (c),
information regarding--
``(1) the availability and suitability of existing Federal,
State, and local housing resources that are appropriate for
housing youth victims of trafficking or for providing support
to entities that provide housing or other assistance to such
victims, including in rural and isolated locations; and
``(2) the feasibility of establishing or supporting public-
private partnerships to provide housing for such victims or
support to entities that provide housing or other assistance to
such victims.
``(c) Agencies Subject to Reporting Requirement.--The Federal
agencies specified in this subsection are the following:
``(1) The Department of Defense.
``(2) The Department of Health and Human Services.
``(3) The Department of Homeland Security.
``(4) The Department of Housing and Urban Development.
``(5) The Department of Justice.
``(d) Victims of Trafficking Defined.--In this section, the term
`victims of trafficking' has the meaning given that term in section
103(15) of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102(15)).''.
Subtitle D--National Advisory Committee on Domestic Sex Trafficking
SEC. 241. NATIONAL ADVISORY COMMITTEE ON DOMESTIC SEX TRAFFICKING.
Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is
amended by inserting after section 1114 the following new section:
``national advisory committee on domestic sex trafficking
``Sec. 1114A. (a) Official Designation.--This section relates to
the National Advisory Committee on Domestic Sex Trafficking (in this
section referred to as the `Committee').
``(b) Authority.--Not later than 180 days after the date of
enactment of this section, the Secretary shall establish and appoint
all members of the Committee.
``(c) Membership.--
``(1) Composition.--The Committee shall be composed of not
more than 21 members whose diverse experience and background
enable them to provide balanced points of view with regard to
carrying out the duties of the Committee. The Committee shall
not be composed solely of Federal officers or employees.
``(2) Selection.--The Secretary, in consultation with the
Attorney General, shall appoint members to the Committee.
``(3) Period of appointment; vacancies.--Members shall be
appointed for the life of the Committee. A vacancy in the
Committee shall be filled in the manner in which the original
appointment was made and shall not affect the powers or duties
of the Committee.
``(4) Compensation.--Committee members, with the exception
of reimbursement of official travel expenses and per diem for
official travel, shall serve without compensation.
``(d) Duties.--
``(1) National response.--The Committee shall advise the
Secretary and the Attorney General on practical and general
policies concerning improvements to the Nation's response to
domestic sex trafficking of minors from the child welfare
system and the commercial sexual exploitation of children.
``(2) Cooperation policies.--The Committee shall advise the
Secretary and the Attorney General on practical and general
policies concerning the cooperation of Federal, State, local,
and tribal governments, child welfare agencies, social service
providers, physical health and mental health providers, victim
service providers, State or local courts with responsibility
for conducting or supervising proceedings relating to child
welfare or social services for children and their families,
Federal, State, and local police, juvenile detention centers
and runaway and homeless youth programs, schools, and
businesses and organizations that provide services to youth, on
responding to domestic sex trafficking of minors and the
commercial sexual exploitation of children, including the
development and implementation of--
``(A) successful interventions with children and
teens who are exposed to conditions that make them
vulnerable to, or victims of, domestic sex trafficking
and commercial sexual exploitation;
``(B) policies that reflect an understanding that
safety and well-being of children and teens can be
compromised by the sexualization of children, the
commodification of children, and a lack of normalcy
characterized by isolation, disconnection from
positive, appropriate, and healthy relationships with
peers and adults, and an inability to engage in age
appropriate activities; and
``(C) the relationship between children and teens
who are trafficked and the overall coarsening and
desensitization of society to violence that puts the
public safety of communities across the Nation at risk.
``(3) Definition of `commercial sexual exploitation of
children'.--The Committee shall recommend a comprehensive
definition of what constitutes the `commercial sexual
exploitation of children'.
``(4) Best practices for states.--
``(A) In general.--The Committee shall develop 2
tiers (referred to in this subparagraph as `Tier I' and
`Tier II') of recommended best practices for States to
follow in combating the domestic sex trafficking of
minors and the commercial sexual exploitation of
children. Tier I shall provide States that have not yet
addressed domestic sex trafficking of minors and the
commercial sexual exploitation of children with an idea
of where to begin and what steps to take. Tier II shall
provide States that are already working to address
domestic sex trafficking of minors and the commercial
sexual exploitation of children with examples of
policies that are already being used effectively by
other States to address trafficking issues.
``(B) Development.--The best practices shall be
based on multidisciplinary research and promising,
evidence-based models and programs.
``(C) Content.--The best practices shall be user-
friendly, incorporate the most up-to-date technology,
and include the following:
``(i) Sample training materials, protocols,
and screening tools to prepare child welfare
personnel to identify and serve youth who are
at-risk or are victims of domestic sex
trafficking or commercial sexual exploitation.
``(ii) Multidisciplinary strategies to
identify victims, manage cases, and improve
services to meet the unique needs of this youth
population.
``(iii) Sample protocols and
recommendations for effective, cross-system
collaboration between Federal, State, local,
and tribal governments, child welfare agencies,
social service providers, physical health and
mental health providers, victim service
providers, State or local courts with
responsibility for conducting or supervising
proceedings relating to child welfare or social
services for children and their families,
Federal, State, and local police, juvenile
detention centers and runaway and homeless
youth programs, schools, and businesses and
organizations that provide services to youth.
These protocols and recommendations should
include strategies to identify victims and
collect, document, and share data across
systems and agencies, and should be designed to
help agencies better understand the type of
trafficking or commercial sexual exploitation
involved, the scope of the problem, the needs
of the population to be served, ways to address
the demand for trafficked children and youth
and increase prosecutions of traffickers and
purchasers of children and youth, and the
degree of victim interaction with multiple
systems.
``(iv) A list of recommendations to
establish safe residential placements for
foster youth who have been trafficked (as
defined by the Committee) as well as training
guidelines for caregivers that serve children
and youth being cared for outside the home.
``(e) Reports.--
``(1) In general.--The Committee shall submit an interim
and a final report on the work of the Committee to--
``(A) the Secretary;
``(B) the Attorney General;
``(C) the Committee on Finance of the Senate; and
``(D) the Committee on Ways and Means of the House
of Representatives.
``(2) Reporting dates.--The interim report shall be
submitted not later than 1 year after the establishment of the
Committee. The final report shall be submitted not later than 2
years after the establishment of the Committee unless the
Secretary establishes an extension period for the Committee, in
which case the final report shall be submitted not later than
the last day of such period.
``(f) Administration.--
``(1) Agency support.--The Secretary shall direct the head
of the Administration on Children, Youth and Families of the
Department of Health and Human Services to l provide all
necessary support for the Committee.
``(2) Meetings.--
``(A) In general.--The Committee will meet at the
call of the Secretary at least twice a year to carry
out the duties identified in this section, and more
often as otherwise required.
``(B) Procedures.--The Secretary shall call all of
the Committee meetings, prepare and approve all meeting
agendas, attend all Committee meetings, adjourn any
meeting when the Secretary determines adjournment to be
in the public interest, and shall chair meetings when
directed to do so by an official or entity to whom the
Committee reports.
``(3) Subcommittees.--The Committee shall be authorized to
establish subcommittees or working groups, as necessary and
consistent with the mission of the Committee, and any such
subcommittees or working groups shall operate under the
provisions of the Federal Advisory Committee Act of 1972 (5
U.S.C. App.), the Sunshine in Government Act of 1976 (5 U.S.C.
552b), and other appropriate Federal regulations. Such
subcommittees or working groups shall have no authority to make
decisions on behalf of the Committee, nor shall they report
directly to any official or entity listed in subsection (d).
``(4) Recordkeeping.--The records of the Committee and any
subcommittees and working groups shall be maintained in
accordance with appropriate Department of Health and Human
Services policies and procedures and shall be available for
public inspection and copying, subject to the Freedom of
Information Act (5 U.S.C. 552).
``(g) Funding.--
``(1) In general.--From the unobligated balance of funds
made available to carry out section 414 of the Social Security
Act (42 U.S.C. 614), $400,000 of such funds are hereby
transferred and made available to carry out this section.
Amounts transferred and made available to carry out this
section shall remain available for expenditure until the date
on which the Committee terminates and shall not be subject to
reduction under a sequestration order issued under the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900
et seq.).
``(2) Unobligated amounts.--Any amounts made available to
carry out this section that are unobligated on the date on
which the Committee terminates shall be returned to the
Treasury of the United States .
``(h) Termination.--The Committee shall terminate 2 years after the
date of establishment unless the Secretary determines that more time is
necessary to allow the Committee to complete its duties, in which case
the Committee shall terminate at the end of an extension period
established by the Secretary (not to exceed 24 months).''.
TITLE III--CHILD SUPPORT ENFORCEMENT
SEC. 301. SHORT TITLE OF TITLE.
This title may be cited as the ``Child Support Improvement and Work
Promotion Act''.
Subtitle A--Increased Reliability of Child Support
SEC. 311. COMPLIANCE WITH MULTILATERAL CHILD SUPPORT CONVENTIONS.
(a) Secretary's Authority To Ensure Compliance With Multilateral
Child Support Convention.--
(1) In general.--Section 452 of the Social Security Act (42
U.S.C. 652) is amended--
(A) by redesignating the second subsection (l) (as
added by section 7306 of Public Law 109-171) as
subsection (m); and
(B) by adding at the end the following:
``(n) Secretary's Authority To Ensure Compliance With Multilateral
Child Support Convention.--Consistent with the national policy of the
United States to fully comply with the obligations of any multilateral
child support convention to which the United States is a party, the
Secretary shall utilize Federal and, as appropriate, State enforcement
mechanisms in furtherance of this policy and take such steps as may be
necessary within the Secretary's authority to ensure compliance with
the United States treaty obligations under such convention in the event
the Secretary determines that a State plan does not comply with such
obligations.''.
(2) Conforming amendment.--Section 453(k)(3) of the Social
Security Act (42 U.S.C. 653(k)(3)) is amended by striking
``452(l)'' and inserting ``452(m)''.
(b) Access to the Federal Parent Locator Service.--Section 453(c)
of the Social Security Act (42 U.S.C. 653(c)) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) an entity designated as a Central Authority for child
support enforcement in a foreign reciprocating country or a
foreign treaty country for purposes specified in section
459A(c)(2).''.
(c) State Option To Require Individuals in Foreign Countries To
Apply Through Their Country's Appropriate Central Authority.--Section
454 of the Social Security Act (42 U.S.C. 654) is amended--
(1) in paragraph (4)(A)(ii), by inserting before the
semicolon ``(except that, if the individual applying for the
services resides in a foreign reciprocating country or foreign
treaty country, the State may opt to require the individual to
request the services through the Central Authority for child
support enforcement in the foreign reciprocating country or the
foreign treaty country, and if the individual resides in a
foreign country that is not a foreign reciprocating country or
a foreign treaty country, a State may accept or reject the
application)''; and
(2) in paragraph (32)--
(A) in subparagraph (A), by inserting ``, a foreign
treaty country,'' after ``a foreign reciprocating
country''; and
(B) in subparagraph (C), by striking ``or foreign
obligee'' and inserting ``, foreign treaty country, or
foreign individual''.
(d) Amendments to International Support Enforcement Provisions.--
Section 459A of the Social Security Act (42 U.S.C. 659a) is amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``foreign countries that are the subject of a
declaration under this section'' and inserting
``foreign reciprocating countries or foreign treaty
countries''; and
(B) in paragraph (2), by inserting ``and foreign
treaty countries'' after ``foreign reciprocating
countries'';
(2) in subsection (d), by striking ``the subject of a
declaration pursuant to subsection (a)'' and inserting
``foreign reciprocating countries or foreign treaty
countries''; and
(3) by adding at the end the following:
``(e) References.--In this part:
``(1) Foreign reciprocating country.--The term `foreign
reciprocating country' means a foreign country (or political
subdivision thereof) with respect to which the Secretary has
made a declaration pursuant to subsection (a).
``(2) Foreign treaty country.--The term `foreign treaty
country' means a foreign country for which the 2007 Family
Maintenance Convention is in force.
``(3) 2007 family maintenance convention.--The term `2007
Family Maintenance Convention' means the Hague Convention of 23
November 2007 on the International Recovery of Child Support
and Other Forms of Family Maintenance.''.
(e) Collection of Past-due Support From Federal Tax Refunds.--
Section 464(a)(2)(A) of the Social Security Act (42 U.S.C.
664(a)(2)(A)) is amended by striking ``under section 454(4)(A)(ii)''
and inserting ``under paragraph (4)(A)(ii) or (32) of section 454''.
(f) State Law Requirement Concerning the Uniform Interstate Family
Support Act (UIFSA).--Section 466(f) (42 U.S.C. 666(f)) is amended--
(1) by striking ``on and after January 1, 1998,'';
(2) by striking ``and as in effect on August 22, 1996,'';
and
(3) by striking ``adopted as of such date'' and inserting
``adopted as of September 30, 2008''.
(g) Full Faith and Credit for Child Support Orders.--Section 1738B
of title 28, United States Code, is amended--
(1) in subsection (b)--
(A) by inserting ``(1) Child.--The term'' before
```child''';
(B) by striking ```child's State''' and all that
follows through ``a child resides.'';
(C) by inserting ``(2) Child's home state.--The
term'' before ```child's home State''';
(D) by inserting after paragraph (2), as designated
by subparagraph (C), the following:
``(3) Child's state.--The term `child's State' means the
State in which a child resides.'';
(E) by inserting ``(4) Child support.--The term''
before ```child support''';
(F) by inserting ``(5) Child support order.--The
term'' before ```child support order''';
(G) by inserting ``(6) Contestant.--The term''
before ```contestant''';
(H) by striking ```court' means'' and all that
follows through ``modification of a child support
order.'';
(I) by inserting ``(7) Modification.--The term''
before ```modification''';
(J) by inserting ``(8) State.--The term'' before
```State'''; and
(K) by adding at the end the following:
``(9) Tribunal.--The term `tribunal' means a court or
administrative agency of a State that is authorized by State
law to establish the amount of child support payable by a
contestant or make a modification of a child support order.'';
(2) by striking ``court'' each place it appears except
subsection (b)(9), as added by paragraph (1) of this section,
and inserting ``tribunal'';
(3) by striking ``courts'' each place it appears and
inserting ``tribunals'';
(4) in subsection (c)(1), by striking ``subsections (e),
(f), and (g)'' and inserting ``this section'';
(5) by striking subsection (i);
(6) by redesignating subsections (e), (f), (g), and (h) as
subsections (f), (g), (h), and (i), respectively;
(7) by striking subsection (d) and inserting the following:
``(d) Continuing, Exclusive Jurisdiction.--A tribunal of a State
that has made a child support order consistently with this section has
continuing, exclusive jurisdiction to modify the order if--
``(1) the order is the controlling order, as determined
under subsection (g); and
``(2)(A) the State is the child's State or the residence of
any individual contestant; or
``(B) the contestants provide consent (by providing consent
in a record or in a hearing) for the tribunal to continue to
exercise jurisdiction to modify the order.
``(e) Restrictions on Exercising Continuing, Exclusive
Jurisdiction.--A tribunal of a State that has made a child support
order may not exercise continuing, exclusive jurisdiction to modify the
order if--
``(1) each individual contestant files a consent in a
record with the issuing tribunal stating that a tribunal of
another State (which has jurisdiction of at least 1 of the
individual contestants or that is a tribunal of the State of
the residence of the child) may modify the order and assume
continuing, exclusive jurisdiction; or
``(2) the order is not the controlling order, as determined
under subsection (g).'';
(8) in subsection (f), as redesignated by paragraph (6) of
this section--
(A) in paragraph (1), by striking ``subsection
(i)'' and inserting ``subsection (j)''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and
the contestants have not provided consent (by
providing consent in a record or in a hearing)
for the tribunal of the other State to continue
to exercise jurisdiction to modify the order''
before the semicolon; and
(ii) in subparagraph (B), by inserting
``with jurisdiction of at least 1 of the
individual contestants or that is a tribunal of
the State of the residence of the child'' after
``of another State'';
(9) in subsection (g), as redesignated by paragraph (6) of
this section--
(A) in the subsection heading, by striking
``Recognition of Child Support Orders'' and inserting
``Determination of Controlling Child Support Order'';
(B) in the matter preceding paragraph (1), by
striking ``to recognize for purposes of continuing,
exclusive jurisdiction and enforcement'' and inserting
``is the controlling order and shall be recognized'';
and
(C) by striking ``must be recognized'' each place
it appears and inserting ``is the controlling order'';
(10) in subsection (h), as redesignated by paragraph (6) of
this section, by striking ``subsections (e) and (f)'' and
inserting ``subsections (f) and (g)'';
(11) in subsection (i), as redesignated by paragraph (6) of
this section--
(A) in paragraph (1), by inserting ``or collect
arrears and interest due on a child support order''
after ``enforce a child support order'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Law of state of issuance of order.--A tribunal shall
apply the law of the State of the tribunal that issued a child
support order registered in the State of the tribunal with
regard to--
``(A) the nature, extent, amount, and duration of
current payments under the child support order;
``(B) the computation and payment of arrears and
accrual of interest on arrears under the child support
order; and
``(C) the existence and satisfaction of other
obligations under the child support order.'';
(C) in paragraph (3), by striking ``child support
order, a'' and inserting ``child support order
registered in the State of a tribunal, the''; and
(D) by adding at the end the following:
``(4) Prospective application of law.--After a tribunal
determines which is the controlling order and issues an order
consolidating arrears, if any, a tribunal shall apply the law
of the State of the tribunal that issued the controlling order
(including the law of the State relating to interest on
arrears)--
``(A) for support paid after the date of the order
consolidating arrears; and
``(B) relating to consolidated arrears.''; and
(12) by adding at the end the following:
``(j) Registration for Modification.--
``(1) In general.--A tribunal may modify a child support
order issued in another State which has been registered in the
State of the tribunal if, after notice and hearing, the
tribunal finds--
``(A) that--
``(i) no individual contestant or child
resides in the State of the tribunal issuing
the child support order;
``(ii) the individual contestant seeking to
modify, or to modify and enforce, a child
support order issued in another State does not
reside in the State in which the registering
tribunal is located; and
``(iii) the tribunal of the State in which
the child support order has been registered has
personal jurisdiction of the parties not
seeking to modify, or modify and enforce, the
child support order;
``(B) that the State in which the child support
order has been registered--
``(i)(I) is the residence of the child; or
``(II) has personal jurisdiction of an
individual contestant; and
``(ii) each individual contestant has filed
a consent in a record with the issuing tribunal
for a tribunal in the registering State to
modify the support order and assume continuing,
exclusive jurisdiction; or
``(C) that all of the individual contestants reside
in the State in which the registering tribunal is
located and the child does not reside in the issuing
State.
``(2) Limitations.--A tribunal may not modify any term of a
child support order that may not be modified under the law of
the issuing State, including the duration of the obligation of
support. If 2 or more tribunals have issued child support
orders for the same obligor and same child, the law of the
State of the tribunal issuing the controlling order, as
determined under subsection (g), establishes the terms of the
child support order which are not modifiable.
``(3) Proceeding to modify.--In a proceeding to modify a
child support order, the law of the State of the tribunal that
issued the initial controlling order, as determined under
subsection (g), governs the duration of the obligation of
support. The obligor's fulfillment of the duty of support
established by that controlling order precludes a tribunal of
another State from imposing a further obligation of child
support on the obligor.
``(4) Parties residing outside the united states.--
Notwithstanding paragraph (1), a tribunal in the issuing State
retains jurisdiction to modify an order issued in that State
if--
``(A) 1 party resides in another State; and
``(B) the other party resides outside of the United
States.''.
SEC. 312. RELIEF FROM PASSPORT SANCTIONS FOR CERTAIN INDIVIDUALS.
Section 452(k) of the Social Security Act (42 U.S.C. 652(k)) is
amended--
(1) in paragraph (2), by striking ``The Secretary of
State'' and inserting ``Subject to paragraph (3), the Secretary
of State'';
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3)(A) Notwithstanding paragraph (2), the Secretary of State may
issue a passport to an individual with respect to whom the Secretary
has transmitted certification under paragraph (1) if--
``(i) the individual submits an application for relief to
the Secretary of State, in such form and manner as the
Secretary of State shall require; and
``(ii) the Secretary of State certifies that the
application includes evidence that the individual--
``(I) has an annual income of less than $100,000;
``(II) is not incurring any new child support
obligations, but only owes arrearages;
``(III) does not owe arrearages of child support
for a child who is less than 18 years old;
``(IV) has been making child support payments
consistently and in good faith for each of the most
recently preceding 12 months; and
``(V) has a current offer to work outside of the
United States, an offer to interview for work outside
of the United States, a professional history of working
outside of the United States, a job that requires
travel outside of the United States, or is enrolled in
a professional training program that requires travel
outside of the United States.
``(B) The Secretary of State shall revoke a passport issued to an
individual under subparagraph (A) upon a determination that the
individual has failed to make child support payments consistently and
in good faith for more than 6 months.
``(C) The Secretary of State shall report the issuance of a
passport under this paragraph to the Secretary.
``(D) The Secretary shall report the issuance of a passport under
this paragraph to the State agency that certified in accordance with
section 454(31) that the individual to whom the passport is issued owed
child support arrearages in an amount exceeding $2,500.''.
SEC. 313. CHILD SUPPORT ENFORCEMENT PROGRAMS FOR INDIAN TRIBES.
(a) Tribal Access to the Federal Parent Locator Service.--Section
453(c)(1) of the Social Security Act (42 U.S.C. 653(c)(1)) is amended
by inserting ``or Indian tribe or tribal organization (as defined in
subsections (e) and (l) of section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b)),'' after ``any State''.
(b) Waiver Authority for Indian Tribes or Tribal Organizations
Operating Child Support Enforcement Programs.--Section 1115(b) of the
Social Security Act (42 U.S.C. 1315(b)) is amended--
(1) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and realigning the
left margin of subparagraph (C) so as to align with
subparagraphs (A) and (B) (as so redesignated);
(2) by inserting ``(1)'' after ``(b)''; and
(3) by adding at the end the following:
``(2) An Indian tribe or tribal organization operating a program
under section 455(f) shall be considered a State for purposes of
authority to conduct an experimental, pilot, or demonstration project
under subsection (a) to assist in promoting the objectives of part D of
title IV and receiving payments under the second sentence of that
subsection. The Secretary may waive compliance with any requirements of
section 455(f) or regulations promulgated under that section to the
extent and for the period the Secretary finds necessary for an Indian
tribe or tribal organization to carry out such project. Costs of the
project which would not otherwise be included as expenditures of a
program operating under section 455(f) and which are not included as
part of the costs of projects under section 1110, shall, to the extent
and for the period prescribed by the Secretary, be regarded as
expenditures under a tribal plan or plans approved under such section,
or for the administration of such tribal plan or plans, as may be
appropriate. An Indian tribe or tribal organization applying for or
receiving start-up program development funding pursuant to section
309.16 of title 45, Code of Federal Regulations, shall not be
considered to be an Indian tribe or tribal organization operating a
program under section 455(f) for purposes of this paragraph.''.
SEC. 314. PARENTING TIME ARRANGEMENTS.
(a) State Plan Amendments.--Section 454 of the Social Security Act
(42 U.S.C. 654), as amended by section 311(c), is further amended--
(1) in paragraph (4)(A), in the matter preceding clause
(i), by inserting ``, establishment of voluntary parenting time
arrangements,'' after ``establishment of paternity'';
(2) in paragraph (9)--
(A) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (E), by inserting ``and'' after
the semicolon; and
(C) by adding at the end the following:
``(F) in establishing a voluntary parenting time
arrangement at the time that a support order (as defined in
section 453(p)) is initially issued under this part pursuant to
the requirements, standards, and procedures described in
paragraph (35);'';
(3) in paragraph (13), by inserting ``establishing
voluntary parenting time arrangements,'' after ``obtaining
support orders,'';
(4) in paragraph (15)--
(A) in subparagraph (A), by striking ``and'' after
the semicolon;
(B) in subparagraph (B), by inserting ``and'' after
the semicolon; and
(C) by adding at the end the following:
``(C) a process for including in the annual reviews and
reports required under subparagraph (A) information, in such
form and manner as the Secretary shall require, regarding the
policies and practices implemented by the State or which the
State plans to implement to facilitate access to and visitation
of children by noncustodial parents;'';
(5) in paragraph (26)(A), by inserting ``to establish
voluntary parenting time arrangements,'' after ``to establish
paternity,'';
(6) in paragraph (33), by striking ``and'' after the
semicolon;
(7) in paragraph (34), by striking the period at the end
and inserting ``; and''; and
(8) by inserting after paragraph (34) the following:
``(35) provide that the State shall implement procedures for the
establishment of a voluntary parenting time arrangement at the time
that a support order (as defined in section 453(p)) is initially issued
under this part for parents who are not subject to a divorce or
dissolution decree and for whom the voluntary parenting time
arrangement is not contested, in accordance with such requirements and
standards as the Secretary determines necessary and that include
exceptions for family or domestic violence, dating violence, sexual
assault, and stalking.''.
(b) Secretarial Guidance.--The Secretary shall issue guidance for
States for the establishment of voluntary parenting time arrangements.
The guidance shall provide that in establishing such arrangements, a
State shall establish procedures to ensure--
(1) the informed and voluntary participation of both
parents in the establishment of a voluntary parenting time
arrangement that is free from coercion and threats of
recrimination;
(2) each parent's informed consent to the terms and legal
implications of any parenting time plan established under a
voluntary parenting time arrangement; and
(3) that all voluntary parenting time arrangements comply
with State law.
SEC. 315. EFFICIENT USE OF THE NATIONAL DIRECTORY OF NEW HIRES DATABASE
FOR FEDERALLY SPONSORED RESEARCH ASSESSING THE
EFFECTIVENESS OF FEDERAL POLICIES AND PROGRAMS IN
ACHIEVING POSITIVE LABOR MARKET OUTCOMES.
Section 453 (42 U.S.C. 653) is amended--
(1) in subsection (i)(2)(A), by striking ``24'' and
inserting ``48''; and
(2) in subsection (j), by striking paragraph (5) and
inserting the following:
``(5) Research.--
``(A) In general.--Subject to subparagraph (B) of
this paragraph, the Secretary may provide access to
data in each component of the Federal Parent Locator
Service maintained under this section and to
information reported by employers pursuant to section
453A(b), for--
``(i) research undertaken by a State or
Federal agency (including through grant or
contract) for purposes found by the Secretary
to be likely to contribute to achieving the
purposes of part A or this part; or
``(ii) an evaluation or statistical
analysis undertaken to assess the effectiveness
of a Federal program in achieving positive
labor market outcomes (including through grant
or contract), by--
``(I) the Department of Health and
Human Services;
``(II) the Social Security
Administration;
``(III) the Department of Labor;
``(IV) the Department of Education;
``(V) the Department of Housing and
Urban Development;
``(VI) the Department of Justice;
``(VII) the Department of Veterans
Affairs;
``(VIII) the Bureau of the Census;
``(IX) the Department of
Agriculture; or
``(X) the National Science
Foundation.
``(B) Personal identifiers.--Data or information
provided under this paragraph may include a personal
identifier only if, in addition to meeting the
requirements of subsections (l) and (m)--
``(i) the State or Federal agency
conducting the research described in
subparagraph (A)(i), or the Federal department
or agency undertaking the evaluation or
statistical analysis described in subparagraph
(A)(ii), as applicable, enters into an
agreement with the Secretary regarding the
security and use of the data or information;
``(ii) the agreement includes such
restrictions or conditions with respect to the
use, safeguarding, disclosure, or redisclosure
of the data or information (including by
contractors or grantees) as the Secretary deems
appropriate;
``(iii) the data or information is used
exclusively for the purposes defined in the
agreement; and
``(iv) the Secretary determines that the
provision of data or information under this
paragraph is the minimum amount needed to
conduct the research, evaluation, or
statistical analysis, as applicable, and will
not interfere with the effective operation of
the program under this part.
``(C) Penalties for unauthorized disclosure of
data.--Any individual who willfully discloses a
personal identifier (such as a name or social security
number) provided under this paragraph, in any manner to
an entity not entitled to receive the data or
information, shall be fined under title 18, United
States Code, imprisoned not more than 5 years, or
both.''.
Subtitle B--Child Support Enforcement Task Force
SEC. 321. CHILD SUPPORT ENFORCEMENT TASK FORCE.
(a) Establishment.--There is established in the executive branch a
task force to be known as the Child Support Enforcement Task Force
(referred to in this section as the ``Task Force'').
(b) Membership.--
(1) Composition.--The Task Force shall be composed of 15
members consisting of--
(A) the Assistant Secretary of the Administration
for Children and Families of the Department of Health
and Human Services;
(B) 5 members appointed by the Senate, of which--
(i) 1 shall be appointed by the Majority
Leader of the Senate;
(ii) 1 shall be appointed by the Minority
Leader of the Senate;
(iii) 1 shall be appointed by the Chairman
of the Committee on Finance of the Senate;
(iv) 1 shall be appointed by the Ranking
Member of the Committee on Finance of the
Senate; and
(v) 1 shall be jointly appointed by the
Chairman and Ranking Member of the Committee on
Finance of the Senate;
(C) 5 members appointed by the House of
Representatives, of which--
(i) 1 shall be appointed by the Speaker of
the House of Representatives;
(ii) 1 shall be appointed by the Minority
Leader of the House of Representatives;
(iii) 1 shall be appointed by the Chairman
of the Committee on Ways and Means of the House
of Representatives;
(iv) 1 shall be appointed by the Ranking
Member of the Committee on Ways and Means of
the House of Representatives; and
(v) 1 shall be jointly appointed by the
Chairman and Ranking Member of the Committee on
Ways and Means of the House of Representatives;
and
(D) 4 members appointed by the President.
(2) Date.--The appointments of the members of the Task
Force shall be made not later than 6 months after the date of
enactment of this Act.
(3) Expertise.--The membership of the Task Force shall
consist of individuals who are knowledgeable on issues
regarding child support and related activities.
(4) Period of appointment; vacancies.--Members shall be
appointed for the life of the Task Force. A vacancy in the Task
Force shall be filled in the manner in which the original
appointment was made and shall not affect the powers or duties
of the Task Force.
(5) Quorum.--
(A) In general.--A majority of the Task Force shall
constitute a quorum, but a lesser number of members may
hold hearings.
(B) Report.--The Task Force may not submit the
report required under subsection (c) until all of the
members have been appointed.
(6) Meetings.--
(A) Initial meeting.--Not later than 30 days after
the Task Force has a majority, the Task Force shall
hold its first meeting.
(B) Chairperson and vice chairperson.--During the
first meeting of the Task Force, the Task Force shall
select a Chairperson and Vice Chairperson from among
the members appointed as of the date of the meeting.
(C) Other meetings.--Following the first meeting of
the Task Force, any subsequent meetings shall be at the
call of the Chairperson or Vice Chairperson.
(D) Public meetings.--In addition to any other
meetings held by the Task Force, the Task Force shall
hold at least 3 meetings that are open to the public
and preceded by timely public notice in the Federal
Register of the time, place, and subject of the
meeting. At least one public meeting of the Task Force
shall focus on issues relevant to family courts or
other State or local courts with responsibility for
conducting or supervising proceedings relating to child
support enforcement, child welfare, or social services
for children and their families. At the public meetings
of the Task Force, subject to such requirements and
limitations as are determined appropriate by the
Chairperson, appearances may be made and oral and
written statements given by members of the public and
the Task Force shall engage, at a minimum, with the
following groups:
(i) Administrators of State child support
programs.
(ii) Judges who preside over family courts
or other State or local courts with
responsibility for conducting or supervising
proceedings relating to child support
enforcement, child welfare, or social services
for children and their families, and
organizations that represent such judges.
(iii) Custodial parents and organizations
that represent such parents.
(iv) Noncustodial parents and organizations
that represent such parents.
(v) Organizations that represent fiduciary
entities that are affected by child support
enforcement policies.
(7) Compensation.--Members of the Task Force--
(A) shall not receive compensation for service on
the Task Force; and
(B) shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their
homes or regular places of business in the performance
of service for the Task Force.
(c) Report to Congress.--Not later than January 1, 2016, the Task
Force shall prepare and submit a report to Congress that contains the
Task Force's findings and recommendations for improvements in child
support enforcement. The report shall include the following:
(1) An evaluation of the effectiveness of existing child
support enforcement programs and collection practices employed
by State agencies administering programs under part D of title
IV of the Social Security Act (42 U.S.C. 651 et seq.) and an
analysis of the extent to which such practices result in any
unintended consequences or performance issues associated with
such programs and practices.
(2) Recommendations for methods to enhance the
effectiveness of child support enforcement programs and
collection practices.
(3) An analysis of the feasibility of the establishment of
a centralized lien registry by each State to contain all liens
placed against real and personal property for overdue child
support that would ensure access to and sharing of registry
data among all necessary entities and individuals prior to any
sale or distribution of property or funds.
(4) A compilation of State recovery and distribution
policies.
(5) Recommendations for methods to foster engagement by
fathers in their children's lives through consideration of
parental time and visitation with children.
(6) An analysis of the role for alternative dispute
resolution in making child support determinations.
(7) Identification of best practices for--
(A) determining which services and support programs
available to custodial and noncustodial parents are
non-duplicative, evidenced-based, and produce quality
outcomes, and connecting custodial and noncustodial
parents to those services and support programs;
(B) providing employment support, job training, and
job placement for custodial and noncustodial parents;
and
(C) establishing services, supports, and child
support payment tracking for noncustodial parents,
including options for the prevention of, and
intervention on, uncollectible arrearages, such as
retroactive obligations and Medicaid birthing costs.
(8) Recommendations for methods for States to use to
collect child support payments from individuals who owe
excessive arrearages as determined under section 454(31) of the
Social Security Act (42 U.S.C. 654(31)).
(9) Recommendations for such legislative and administrative
actions as the Task Force determines appropriate for
improvement in child support enforcement.
(d) Powers of the Task Force.--
(1) Hearings.--
(A) In general.--The Task Force may hold such
hearings, sit, and act at such times and places, take
such testimony, and receive such evidence as the Task
Force considers advisable to carry out this section.
(B) Information from federal agencies.--The Task
Force may secure directly from any Federal agency such
information as the Task Force considers necessary to
carry out this section. Upon request of the
Chairperson, the head of such agency shall furnish such
information to the Task Force.
(2) Rules.--For the purposes of carrying out its duties in
preparing the report required under subsection (c), the Task
Force may adopt such rules for its organization and procedures
as it determines appropriate.
(3) Postal services.--The Task Force may use the United
States mails in the same manner and under the same conditions
as other agencies of the Federal Government.
(4) Donations and volunteers.--The Task Force may accept,
use, and dispose of donations of money and property and may
accept such volunteer services of individuals as it determines
appropriate.
(5) Personnel matters.--
(A) Staff.--The Chairperson may, without regard to
the civil service laws and regulations, appoint and
terminate an executive director and such other
additional employees as may be necessary to enable the
Task Force to perform its duties. The employment of an
executive director shall be subject to confirmation by
the Task Force.
(B) Compensation.--The Chairperson may fix the
compensation of the executive director and other
employees of the Task Force without regard to chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions
and General Schedule pay rates, except that the rate of
pay for the executive director and other personnel may
not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(C) Detail of government employees.--Any Federal
Government employee may be detailed to the Task Force
without reimbursement, and such detail shall be without
interruption or loss of civil service status, benefits,
or privilege.
(D) Temporary and intermittent services.--The
Chairperson may procure temporary and intermittent
services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic
pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
(e) Termination.--The Task Force shall terminate 60 days after
submission of the report required under subsection (c).
(f) Funding.--
(1) In general.--From the unobligated balance of funds made
available to carry out section 414 of the Social Security Act
(42 U.S.C. 614), $2,000,000 of such funds are hereby
transferred and made available to carry out this section.
Amounts transferred and made available to carry out this
section shall remain available through fiscal year 2016 and
shall not be subject to reduction under a sequestration order
issued under the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 900 et seq.).
(2) Unobligated amounts.--Any amounts made available to
carry out this section that are unobligated on the date of the
termination of the Task Force under subsection (e) shall be
returned to the Treasury of the United States .
(g) Administration.--
(1) In general.--Upon the request of the Task Force, the
Secretary of Health and Human Services shall provide to the
Task Force, on a reimbursable basis, the administrative support
services necessary for the Task Force to carry out its
responsibilities under this Act. These administrative services
may include human resource management, budget, leasing,
accounting, and payroll services.
(2) Travel expenses.--The members of the Task Force shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Task Force.
Subtitle C--Effective Dates
SEC. 331. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), this title
and the amendments made by this title take effect on the date of
enactment of this Act.
(b) Exceptions.--
(1) UIFSA state law requirements; parenting time
arrangements.--
(A) In general.--Subject to subparagraph (B), the
amendments made by sections 311(f) and 314(a) take
effect on October 1, 2014.
(B) Delay.--In the case of a State plan under part
D of title IV of the Social Security Act (42 U.S.C. 651
et seq.) which the Secretary of Health and Human
Services determines requires State legislation or State
regulation in order for the plan to meet the additional
requirements imposed by the amendments made by sections
311(f) and 314(a), the State plan shall not be regarded
as failing to comply with the requirements of such
sections solely on the basis of its failure to meet
these additional requirements before the first day of
the first calendar quarter beginning after the close of
the first regular session of the State legislature that
begins after the date of enactment of this Act. For
purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year
of the session is considered to be a separate regular
session of the State legislature.
(2) Relief from passport sanctions; child support
enforcement programs for indian tribes.--The amendments made by
sections 312 and 313 shall take effect on the date that is 1
year after the date of enactment of this Act.
TITLE IV--BUDGETARY EFFECTS
SEC. 401. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Calendar No. 279
113th CONGRESS
1st Session
S. 1870
_______________________________________________________________________
A BILL
To reauthorize and restructure adoption incentive payments, to better
enable State child welfare agencies to prevent sex trafficking of
children and serve the needs of children who are victims of sex
trafficking, to increase the reliability of child support for children,
and for other purposes.
_______________________________________________________________________
December 19, 2013
Read twice and placed on the calendar