Protecting Youth At-Risk for Sex Trafficking Act - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act (SSA) to require the state agency under its foster care and adoption assistance program plan to demonstrate to the Secretary of Health and Human Services (HHS) that it has developed, and is implementing, policies and procedures for identifying and screening any child who the state has reasonable cause to believe is a victim of sex trafficking or is at risk of being a victim of trafficking.
Prescribes additional case plan and case review system requirements for placement of a child in another planned permanent living arrangement.
Requires a permanency plan for a child age 14 or older to be developed in consultation with the child, and allows the child to choose up to two members of his or her case planning team.
Requires foster youth to be discharged from care only if provided with an official birth certificate, a Social Security card, a driver's license or equivalent state-issued identification care, and a fee-free (or low-fee) bank account. Subjects any state to an administrative penalty for noncompliance.
Requires the state plan to require the state agency to: (1) identify and document each child who is a victim of sex trafficking or a victim of severe forms of trafficking in persons, and (2) report to law enforcement authorities within 24 hours after receiving any information on missing or abducted children for entry into the National Crime Information Center (NCIC) database of the Federal Bureau of Investigation (FBI).
Amends part A of SSA title XI to require the head of each federal agency to report to Congress recommendations for expanding safe housing for youth victims of trafficking.
Directs the Secretary to establish a National Advisory Committee on Domestic Sex Trafficking.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1878 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1878
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
December 19, 2013
Mr. Baucus (for himself, Mr. Hatch, Mr. Wyden, Mr. Rockefeller, Mr.
Grassley, Mr. Brown, and Mr. Casey) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
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.
(a) Short Title.--This Act may be cited as the ``Protecting Youth
At-Risk for Sex Trafficking Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
TITLE I--ADDRESSING THE RISKS THAT MAKE YOUTH VULNERABLE TO SEX
TRAFFICKING AND OTHER NEGATIVE OUTCOMES
Sec. 101. Identifying and screening youth at risk of sex trafficking.
Sec. 102. Improvements to another planned permanent living arrangement
as a permanency option.
TITLE II--EMPOWERING OLDER YOUTH VULNERABLE TO DOMESTIC SEX TRAFFICKING
AND OTHER NEGATIVE OUTCOMES
Sec. 201. Empowering foster youth age 14 and older in the development
of their own case plan and transition
planning for a successful adulthood.
Sec. 202. Ensuring foster youth have a birth certificate, Social
Security card, driver's license or
equivalent State-issued identification
card, and a bank account.
TITLE III--DATA AND REPORTS
Sec. 301. Streamline data collection and reporting on sex trafficking.
Sec. 302. Recommendations to Congress for expanding housing for youth
victims of trafficking.
TITLE IV--NATIONAL ADVISORY COMMITTEE ON DOMESTIC SEX TRAFFICKING
Sec. 401. National Advisory Committee on Domestic Sex Trafficking.
TITLE V--BUDGETARY EFFECTS
Sec. 501. Determination of budgetary effects.
TITLE I--ADDRESSING THE RISKS THAT MAKE YOUTH VULNERABLE TO SEX
TRAFFICKING AND OTHER NEGATIVE OUTCOMES
SEC. 101. 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. 102. 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 ``sections
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.
TITLE II--EMPOWERING OLDER YOUTH VULNERABLE TO DOMESTIC SEX TRAFFICKING
AND OTHER NEGATIVE OUTCOMES
SEC. 201. 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 102(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. 202. 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.
TITLE III--DATA AND REPORTS
SEC. 301. 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) is amended--
(i) in paragraph (5), by striking ``and''
after the semicolon;
(ii) in paragraph (6)(C), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(7) 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. 302. 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)).''.
TITLE IV--NATIONAL ADVISORY COMMITTEE ON DOMESTIC SEX TRAFFICKING
SEC. 401. 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 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 V--BUDGETARY EFFECTS
SEC. 501. 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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Finance.
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