Text: S.1091 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-196 (07/07/2018)

 
[115th Congress Public Law 196]
[From the U.S. Government Publishing Office]



[[Page 132 STAT. 1511]]

Public Law 115-196
115th Congress

                                 An Act


 
To establish a Federal Advisory Council to Support Grandparents Raising 
           Grandchildren. <<NOTE: July 7, 2018 -  [S. 1091]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Supporting 
Grandparents Raising Grandchildren Act.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Supporting Grandparents Raising 
Grandchildren Act''.
SEC. 2. FINDINGS.

    Congress finds the following:
            (1) More than 2,500,000 grandparents in the United States 
        are the primary caretaker of their grandchildren, and experts 
        report that such numbers are increasing as the opioid epidemic 
        expands.
            (2) Between 2009 and 2016, the incidence of parental alcohol 
        or other drug use as a contributing factor for children's out-
        of-home placement rose from 25.4 to 37.4 percent.
            (3) When children cannot remain safely with their parents, 
        placement with relatives is preferred over placement in foster 
        care with nonrelatives because placement with relatives provides 
        stability for children and helps them maintain family 
        connections.
            (4) The number of foster children placed with a grandparent 
        or other relative increased from 24 percent in 2006 to 32 
        percent in 2016, according to data from the Department of Health 
        and Human Services.
            (5) Grandparents' lives are enhanced by caring for their 
        grandchildren; the overwhelming majority of grandparents report 
        experiencing significant benefits in serving as their 
        grandchildren's primary caregivers.
            (6) Providing full-time care to their grandchildren may 
        decrease grandparents' ability to address their own physical and 
        mental health needs and personal well-being.
            (7) Grandparents would benefit from better coordination and 
        dissemination of information and resources available to support 
        them in their caregiving responsibilities.
SEC. 3. ADVISORY COUNCIL TO SUPPORT GRANDPARENTS RAISING 
                    GRANDCHILDREN.

    (a) Establishment.--There is established an Advisory Council to 
Support Grandparents Raising Grandchildren.
    (b) Membership.--

[[Page 132 STAT. 1512]]

            (1) In general.--The Advisory Council shall be composed of 
        the following members, or their designee:
                    (A) The Secretary of Health and Human Services.
                    (B) The Secretary of Education.
                    (C) The Administrator of the Administration for 
                Community Living.
                    (D) The Director of the Centers for Disease Control 
                and Prevention.
                    (E) The Assistant Secretary for Mental Health and 
                Substance Use.
                    (F) The Assistant Secretary for the Administration 
                for Children and Families.
                    (G) A grandparent raising a grandchild.
                    (H) An older relative caregiver of children.
                    (I) As appropriate, the head of other Federal 
                departments, or agencies, identified by the Secretary of 
                Health and Human Services as having responsibilities, or 
                administering programs, relating to current issues 
                affecting grandparents or other older relatives raising 
                children.
            (2) Lead agency.--The Department of Health and Human 
        Services shall be the lead agency for the Advisory Council.

    (c) Duties.--
            (1) In general.--
                    (A) Information. <<NOTE: Public information.>> --The 
                Advisory Council shall identify, promote, coordinate, 
                and disseminate to the public information, resources, 
                and the best practices available to help grandparents 
                and other older relatives--
                          (i) meet the health, educational, nutritional, 
                      and other needs of the children in their care; and
                          (ii) maintain their own physical and mental 
                      health and emotional well-being.
                    (B) Opioids.--In carrying out the duties described 
                in subparagraph (A), the Advisory Council shall consider 
                the needs of those affected by the opioid crisis.
                    (C) Native americans.--In carrying out the duties 
                described in subparagraph (A), the Advisory Council 
                shall consider the needs of members of Native American 
                tribes.
            (2) Report.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Advisory Council 
                shall submit a report to--
                          (i) the appropriate committees;
                          (ii) the State agencies that are responsible 
                      for carrying out family caregiver programs; and
                          (iii) the public online in an accessible 
                      format.
                    (B) Report format.--The report shall include--
                          (i) best practices, resources, and other 
                      useful information for grandparents and other 
                      older relatives raising children identified under 
                      paragraph (1)(A) including, if applicable, any 
                      information related to the needs of children who 
                      have been impacted by the opioid epidemic;
                          (ii) an identification of any gaps in items 
                      under clause (i); and
                          (iii) where applicable, identification of any 
                      additional Federal legislative authority necessary 
                      to implement the activities described in clause 
                      (i) and (ii).

[[Page 132 STAT. 1513]]

            (3) Follow-up report.--Not later than 2 years after the date 
        on which the report required under paragraph (2)(A) is 
        submitted, the Advisory Council shall submit a follow-up report 
        that includes the information identified in paragraph (2)(B) 
        to--
                    (A) the appropriate committees;
                    (B) the State agencies that are responsible for 
                carrying out family caregiver programs; and
                    (C) <<NOTE: Public information. Web posting.>>  the 
                public online in an accessible format.
            (4) Public input.--
                    (A) In general.--The Advisory Council shall 
                establish a process for public input to inform the 
                development of, and provide updates to, the best 
                practices, resources, and other information described in 
                paragraph (1) that shall include--
                          (i) outreach to States, local entities, and 
                      organizations that provide information to, or 
                      support for, grandparents or other older relatives 
                      raising children; and
                          (ii) outreach to grandparents and other older 
                      relatives with experience raising children.
                    (B) Nature of outreach.--Such outreach shall ask 
                individuals to provide input on--
                          (i) information, resources, and best practices 
                      available, including identification of any gaps 
                      and unmet needs; and
                          (ii) <<NOTE: Recommenda- tions.>>  
                      recommendations that would help grandparents and 
                      other older relatives better meet the health, 
                      educational, nutritional, and other needs of the 
                      children in their care, as well as maintain their 
                      own physical and mental health and emotional well-
                      being.

    (d) FACA.--The Advisory Council shall be exempt from the 
requirements of the Federal Advisory Committee Act (5 U.S.C. App.).
    (e) Funding.--No additional funds are authorized to be appropriated 
to carry out this Act.
    (f) Sunset.--The Advisory Council shall terminate on the date that 
is 3 years after the date of enactment of this Act.
SEC. 4. DEFINITIONS.

    In this Act:
            (1) Advisory council.--In this Act, the term ``Advisory 
        Council'' means the Advisory Council to Support Grandparents 
        Raising Grandchildren that is established under section 3.
            (2) Appropriate committees.--In this Act, the term 
        ``appropriate committees'' means the following:
                    (A) The Special Committee on Aging of the Senate.
                    (B) The Committee on Health, Education, Labor, and 
                Pensions of the Senate.
                    (C) The Committee on Education and the Workforce of 
                the House of Representatives.

[[Page 132 STAT. 1514]]

                    (D) The Committee on Energy and Commerce of the 
                House of Representatives.

    Approved July 7, 2018.

LEGISLATIVE HISTORY--S. 1091:
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CONGRESSIONAL RECORD, Vol. 164 (2018):
            Mar. 22, considered and passed Senate.
            June 13, considered and passed House, amended.
            June 21, Senate concurred in House amendments.

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