Child Sex Trafficking Data and Response Act of 2013 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require state plans for foster care and adoption assistance to provide that for each child over whom the state has responsibility for placement, care, or supervision, the state agency shall: (1) identify and document in agency records each child identified as a victim of sex trafficking, including severe forms of trafficking in certain persons; and (2) report immediately, within 24 hours, any 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 (FBI).
Requires such plans also to contain a regularly updated description of the specific measures the state agency has taken to protect and provide services to child victims of 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.
Requires the Adoption and Foster Care Analysis and Reporting System (AFCARS) to provide comprehensive national information with respect to the aggregate number of children in foster care identified as victims of sex trafficking.
Amends the Crime Control Act of 1990 to require any law enforcement agency that entered a missing child report into the NCIC to notify the National Center for Missing and Exploited Children of each report received relating to a child reported missing from a foster care family home or childcare institution.
Amends the Child Abuse Prevention and Treatment Act to require that the state plan under the Act certifies that the state has in effect and is enforcing a state law, or is operating a statewide program, relating to child abuse and neglect that includes provisions and procedures requiring: (1) identification and assessment of all reports involving child victims of sex trafficking, and (2) training child protective services workers about identifying and providing comprehensive services for such children.
Directs the Secretary of Health and Human Services (HHS) to report to Congress on issues related to identifying, and providing services for, victims of labor trafficking within the child welfare system.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1118 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1118
To amend part E of title IV of the Social Security Act 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, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 7, 2013
Mr. Wyden (for himself, Mr. Portman, Mr. Blumenthal, Mr. Brown, Ms.
Cantwell, Mr. Kirk, and Mr. Bennet) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend part E of title IV of the Social Security Act 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, 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.
This Act may be cited as the ``Child Sex Trafficking Data and
Response Act of 2013''.
SEC. 2. STREAMLINE DATA COLLECTION AND REPORTING ON SEX TRAFFICKING.
(a) Foster Care and Adoption Assistance Program.--
(1) State plan requirements.--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,
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
``(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), 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) Regulations.--The Secretary of Health and Human
Services shall promulgate regulations implementing the
amendments made by paragraph (1) and shall provide uniform
definitions for States to use for the reports required under
paragraph (34)(B) of section 471(a) of the Social Security Act
(42 U.S.C. 671(a)(34)(B)) (as added by paragraph (1)). The
regulations promulgated under this paragraph shall include
provisions to permit the Secretary of Health and Human Services
the discretion to withhold a portion of the Federal funds to be
paid a State under section 474 of the Social Security Act (42
U.S.C. 674) for a fiscal year quarter from any State that fails
to substantially comply with the requirements of paragraphs
(34) and (35) of section 471(a) of such Act (as so added).
(3) Inclusion of data in afcars.--
(A) In general.--Section 479(c)(3) of the Social
Security Act (42 U.S.C. 679(c)(3)) is amended--
(i) in subparagraph (C)(iii), by striking
``and'' after the semicolon; and
(ii) by adding at the end the following:
``(E) the annual aggregate number of children in
foster care who are identified as victims of sex
trafficking (as defined in section 103(10) of the
Trafficking Victims Protection Act of 2000); and''.
(B) Report to congress.--During the period that
begins on January 1, 2014, and ends on the effective
date of a final rule promulgated by the Secretary of
Health and Human Services implementing the AFCARS data
collection requirement added by the amendments made by
subparagraph (A), the Secretary of Health and Human
Services shall submit an annual report to Congress that
contains the annual aggregate number of children in
foster care who are identified as victims of sex
trafficking (as defined in section 103(10) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102(10)), together with such other information as the
Secretary determines appropriate relating to the
identification of, and provision of services for, that
population of children.
(b) State Reporting.--Section 3702 of the Crime Control Act of 1990
(42 U.S.C. 5780) is amended--
(1) in paragraph (2), by striking ``and'' at the end; and
(2) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by
striking ``paragraph (2)'' and inserting ``paragraph
(3)'';
(B) in subparagraph (A), by inserting ``and a
photograph taken within the previous 180 days'' after
``dental records'';
(C) in subparagraph (B), by striking ``and'' at the
end;
(D) by redesignating subparagraph (C) as
subparagraph (D); and
(E) by inserting after subparagraph (B) the
following:
``(C) notify the National Center for Missing and
Exploited Children of each report received relating to
a child reported missing from a foster care family home
or childcare institution; and''.
(c) CAPTA Amendments.--
(1) State plan amendments.--Section 106 of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a) is amended--
(A) in subsection (b)(2)(B)--
(i) in clause (xxii), by striking ``and''
at the end; and
(ii) by adding at the end the following:
``(xxiv) provisions and procedures
requiring identification and assessment of all
reports involving children known or suspected
to be, victims of sex trafficking (as defined
in paragraph (10) of section 103 of the
Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102)) or victims of severe forms of
trafficking in persons described in paragraph
(9)(A) of that section; and
``(xxv) provisions and procedures for
training child protective services workers
about identifying and providing comprehensive
services for children who are victims described
in clause (xxiv), and providing such services
for such children, including efforts to
coordinate with State law enforcement, juvenile
justice, and social service agencies such as
runaway and homeless youth shelters to serve
this population;''; and
(B) in subsection (d), by adding at the end the
following:
``(17) The number of children determined to be victims
described in subsection (b)(2)(B)(xxiv).''.
(2) Special rule.--
(A) In general.--Section 111 of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106g) is
amended--
(i) by striking ``For purposes'' and
inserting the following:
``(a) Definitions.--For purposes''; and
(ii) by adding at the end the following:
``(b) Special Rule.--
``(1) In general.--For purposes of section 3(2) and
subsection (a)(4), a child shall be considered a victim of
`child abuse and neglect' and of `sexual abuse' if the child is
identified, by a State or local agency employee of the State or
locality involved, as being a victim of sex trafficking (as
defined in paragraph (10) of section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102)) or a victim of
severe forms of trafficking in persons described in paragraph
(9)(A) of that section.
``(2) State option.--Notwithstanding the definition of
`child' in section 3(1), a State may elect to define that term
for purposes of the application of paragraph (1) to section
3(2) and subsection (a)(4) as a person who has not attained the
age of 24.''.
(B) Conforming amendment.--Section 3(2) of the
Child Abuse Prevention and Treatment Act (42 U.S.C.
5101 note) is amended by inserting ``(including sexual
abuse as determined under section 111)'' after ``sexual
abuse or exploitation''.
(3) Technical correction.--Paragraph (5)(C) of subsection
(a), as so designated, of section 111 of the Child Care and
Development Block Grant Act of 1990 is amended by striking
``inhumane;'' and inserting ``inhumane.''.
SEC. 3. REPORT TO CONGRESS ON LABOR TRAFFICKING IN CHILD WELFARE AND
BARRIERS TO DOCUMENTATION AND SERVICE PROVISION TO UNIQUE
VICTIM POPULATIONS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Health and Human Services, in coordination with the
Attorney General, shall submit to the Congress a report detailing
issues related to identifying, and providing services for, victims of
labor trafficking, as defined in section 103(9)(B) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102(9)(B)), within the child
welfare system. The report shall address the following:
(1) Whether State law enforcement, child welfare, and other
relevant State agencies have identified a significant presence
of victims of labor trafficking within the child welfare
population.
(2) With respect to any States that have identified a
significant presence of such victims--
(A) any numerical estimates of the prevalence of
such victims;
(B) a description of how such States provide
services for, or plan to provide services for, such
victims; and
(C) a description of the extent to which there are
service delivery issues, particularly with respect to
the extent to which the requirements associated with
existing sources of Federal funding for all victims of
trafficking, as defined in section 103(15) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102(15)), prevents population-specific service
delivery within the child welfare system.
SEC. 4. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made this Act shall take effect on the date that is 1 year
after the date of the enactment of this Act (and in the case of the
amendments made by section 2(a)(1), without regard to whether final
regulations required under section 2(a)(2) 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
this Act, 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 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.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S4022-4023)
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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