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
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:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Grandparents Raising
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
(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
(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
(a) Establishment.--There is established an Advisory Council to
Support Grandparents Raising Grandchildren.
[[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
(D) The Director of the Centers for Disease Control
(E) The Assistant Secretary for Mental Health and
(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
(2) Lead agency.--The Department of Health and Human
Services shall be the lead agency for the Advisory Council.
(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
(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
(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)
(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-
(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:
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.