II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Child Sex Trafficking 

5 Data and Response Act of 2013’’. 


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1 SEC. 2. STREAMLINE DATA COLLECTION AND REPORTING 

2 ON SEX TRAFFICKING. 

3 (a) FOSTER CARE AND ADOPTION ASSISTANCE PRO4 GRAM.— 

5 (1) STATE PLAN REQUIREMENTS.—Section 

6 471(a) of the Social Security Act (42 U.S.C. 671(a)) 

7 is amended— 

8 (A) by striking ‘‘and’’ at the end of para9 graph (32); 

10 (B) by striking the period at the end of 

11 paragraph (33) and inserting a semicolon; and 

12 (C) by adding at the end the following: 

13 ‘‘(34) provides that for each child over whom 

14 the State agency has responsibility for placement, 

15 care, or supervision, the State agency shall— 

16 ‘‘(A) identify and document appropriately 

17 in agency records each child who is identified as 

18 being a victim of sex trafficking (as defined in 

19 section 103(10) of the Trafficking Victims Pro20 tection Act of 2000) or as a victim of severe 

21 forms of trafficking in persons described in sec22 tion 103(9)(A) of the Trafficking Victims Pro23 tection Act of 2000 (relating to sex trafficking) 

24 as such a victim; and 

25 ‘‘(B) report immediately, and in no case 

26 later than 24 hours after receiving, information 


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1 on missing or abducted children to the law en2 forcement authorities for entry into the Na3 tional Crime Information Center (NCIC) data4 base of the Federal Bureau of Investigation, es5 tablished pursuant to section 534 of title 28, 

6 United States Code; and 

7 ‘‘(35) contains a regularly updated description 

8 of the specific measures taken by the State agency 

9 to protect and provide services to children who are 

10 victims of sex trafficking (as defined in section 

11 103(10) of the Trafficking Victims Protection Act of 

12 2000), including efforts to coordinate with State law 

13 enforcement, juvenile justice, and social service 

14 agencies such as runaway and homeless youth shel15 ters to serve that population.’’. 

16 (2) REGULATIONS.—The Secretary of Health 

17 and Human Services shall promulgate regulations 

18 implementing the amendments made by paragraph 

19 (1) and shall provide uniform definitions for States 

20 to use for the reports required under paragraph 

21 (34)(B) of section 471(a) of the Social Security Act 

22 (42 U.S.C. 671(a)(34)(B)) (as added by paragraph 

23 (1)). The regulations promulgated under this para24 graph shall include provisions to permit the Sec25 retary of Health and Human Services the discretion 


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1 to withhold a portion of the Federal funds to be paid 

2 a State under section 474 of the Social Security Act 

3 (42 U.S.C. 674) for a fiscal year quarter from any 

4 State that fails to substantially comply with the re5 quirements of paragraphs (34) and (35) of section 

6 471(a) of such Act (as so added). 

7 (3) INCLUSION OF DATA IN AFCARS.— 

8 (A) IN GENERAL.—Section 479(c)(3) of 

9 the Social Security Act (42 U.S.C. 679(c)(3)) is 

10 amended— 

11 (i) in subparagraph (C)(iii), by strik12 ing ‘‘and’’ after the semicolon; and 

13 (ii) by adding at the end the fol14 lowing: 

15 ‘‘(E) the annual aggregate number of chil16 dren in foster care who are identified as victims 

17 of sex trafficking (as defined in section 103(10) 

18 of the Trafficking Victims Protection Act of 

19 2000); and’’. 

20 (B) REPORT TO CONGRESS.—During the 

21 period that begins on January 1, 2014, and 

22 ends on the effective date of a final rule pro23 mulgated by the Secretary of Health and 

24 Human Services implementing the AFCARS 

25 data collection requirement added by the 


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1 amendments made by subparagraph (A), the 

2 Secretary of Health and Human Services shall 

3 submit an annual report to Congress that con4 tains the annual aggregate number of children 

5 in foster care who are identified as victims of 

6 sex trafficking (as defined in section 103(10) of 

7 the Trafficking Victims Protection Act of 2000 

8 (22 U.S.C. 7102(10)), together with such other 

9 information as the Secretary determines appro10 priate relating to the identification of, and pro11 vision of services for, that population of chil12 dren. 

13 (b) STATE REPORTING.—Section 3702 of the Crime 

14 Control Act of 1990 (42 U.S.C. 5780) is amended— 

15 (1) in paragraph (2), by striking ‘‘and’’ at the 

16 end; and 

17 (2) in paragraph (4)— 

18 (A) in the matter preceding subparagraph 

19 (A), by striking ‘‘paragraph (2)’’ and inserting 

20 ‘‘paragraph (3)’’; 

21 (B) in subparagraph (A), by inserting 

22 ‘‘and a photograph taken within the previous 

23 180 days’’ after ‘‘dental records’’; 

24 (C) in subparagraph (B), by striking 

25 ‘‘and’’ at the end; 


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1 (D) by redesignating subparagraph (C) as 

2 subparagraph (D); and 

3 (E) by inserting after subparagraph (B) 

4 the following: 

5 ‘‘(C) notify the National Center for Miss6 ing and Exploited Children of each report re7 ceived relating to a child reported missing from 

8 a foster care family home or childcare institu9 tion; and’’. 

10 (c) CAPTA AMENDMENTS.— 

11 (1) STATE PLAN AMENDMENTS.—Section 106 

12 of the Child Abuse Prevention and Treatment Act 

13 (42 U.S.C. 5106a) is amended— 

14 (A) in subsection (b)(2)(B)— 

15 (i) in clause (xxii), by striking ‘‘and’’ 

16 at the end; and 

17 (ii) by adding at the end the fol18 lowing: 

19 ‘‘(xxiv) provisions and procedures re20 quiring identification and assessment of all 

21 reports involving children known or sus22 pected to be, victims of sex trafficking (as 

23 defined in paragraph (10) of section 103 of 

24 the Trafficking Victims Protection Act of 

25 2000 (22 U.S.C. 7102)) or victims of seVerDate Mar 15 2010 22:57 Jun 08, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

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1 vere forms of trafficking in persons de2 scribed in paragraph (9)(A) of that sec3 tion; and 

4 ‘‘(xxv) provisions and procedures for 

5 training child protective services workers 

6 about identifying and providing com7 prehensive services for children who are 

8 victims described in clause (xxiv), and pro9 viding such services for such children, in10 cluding efforts to coordinate with State law 

11 enforcement, juvenile justice, and social 

12 service agencies such as runaway and 

13 homeless youth shelters to serve this popu14 lation;’’; and 

15 (B) in subsection (d), by adding at the end 

16 the following: 

17 ‘‘(17) The number of children determined to be 

18 victims described in subsection (b)(2)(B)(xxiv).’’. 

19 (2) SPECIAL RULE.— 

20 (A) IN GENERAL.—Section 111 of the 

21 Child Abuse Prevention and Treatment Act (42 

22 U.S.C. 5106g) is amended— 

23 (i) by striking ‘‘For purposes’’ and in24 serting the following: 

25 ‘‘(a) DEFINITIONS.—For purposes’’; and 


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1 (ii) by adding at the end the fol2 lowing: 

3 ‘‘(b) SPECIAL RULE.— 

4 ‘‘(1) IN GENERAL.—For purposes of section 

5 3(2) and subsection (a)(4), a child shall be consid6 ered a victim of ‘child abuse and neglect’ and of 

7 ‘sexual abuse’ if the child is identified, by a State or 

8 local agency employee of the State or locality in9 volved, as being a victim of sex trafficking (as de10 fined in paragraph (10) of section 103 of the Traf11 ficking Victims Protection Act of 2000 (22 U.S.C. 

12 7102)) or a victim of severe forms of trafficking in 

13 persons described in paragraph (9)(A) of that sec14 tion. 

15 ‘‘(2) STATE OPTION.—Notwithstanding the def16 inition of ‘child’ in section 3(1), a State may elect 

17 to define that term for purposes of the application 

18 of paragraph (1) to section 3(2) and subsection 

19 (a)(4) as a person who has not attained the age of 

20 24.’’. 

21 (B) CONFORMING AMENDMENT.—Section 

22 3(2) of the Child Abuse Prevention and Treat23 ment Act (42 U.S.C. 5101 note) is amended by 

24 inserting ‘‘(including sexual abuse as deterVerDate Mar 15 2010 22:57 Jun 08, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

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1 mined under section 111)’’ after ‘‘sexual abuse 

2 or exploitation’’. 

3 (3) TECHNICAL CORRECTION.—Paragraph 

4 (5)(C) of subsection (a), as so designated, of section 

5 111 of the Child Care and Development Block Grant 

6 Act of 1990 is amended by striking ‘‘inhumane;’’ 

7 and inserting ‘‘inhumane.’’. 

8 SEC. 3. REPORT TO CONGRESS ON LABOR TRAFFICKING IN 

9 CHILD WELFARE AND BARRIERS TO DOCU10 MENTATION AND SERVICE PROVISION TO 

11 UNIQUE VICTIM POPULATIONS. 

12 Not later than 1 year after the date of enactment 

13 of this Act, the Secretary of Health and Human Services, 

14 in coordination with the Attorney General, shall submit 

15 to the Congress a report detailing issues related to identi16 fying, and providing services for, victims of labor traf17 ficking, as defined in section 103(9)(B) of the Trafficking 

18 Victims Protection Act of 2000 (22 U.S.C. 7102(9)(B)), 

19 within the child welfare system. The report shall address 

20 the following: 

21 (1) Whether State law enforcement, child wel22 fare, and other relevant State agencies have identi23 fied a significant presence of victims of labor traf24 ficking within the child welfare population. 


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1 (2) With respect to any States that have identi2 fied a significant presence of such victims— 

3 (A) any numerical estimates of the preva4 lence of such victims; 

5 (B) a description of how such States pro6 vide services for, or plan to provide services for, 

7 such victims; and 

8 (C) a description of the extent to which 

9 there are service delivery issues, particularly 

10 with respect to the extent to which the require11 ments associated with existing sources of Fed12 eral funding for all victims of trafficking, as de13 fined in section 103(15) of the Trafficking Vic14 tims Protection Act of 2000 (22 U.S.C. 

15 7102(15)), prevents population-specific service 

16 delivery within the child welfare system. 

17 SEC. 4. EFFECTIVE DATE. 

18 (a) IN GENERAL.—Except as provided in subsection 

19 (b), the amendments made this Act shall take effect on 

20 the date that is 1 year after the date of the enactment 

21 of this Act (and in the case of the amendments made by 

22 section 2(a)(1), without regard to whether final regula23 tions required under section 2(a)(2) have been promul24 gated. 


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1 (b) DELAY PERMITTED IF STATE LEGISLATION RE2 QUIRED.—In the case of a State plan approved under part 

3 E of title IV of the Social Security Act which the Secretary 

4 of Health and Human Services determines requires State 

5 legislation (other than legislation appropriating funds) in 

6 order for the plan to meet the additional requirements im7 posed by this Act, the State plan shall not be regarded 

8 as failing to comply with the requirements of such part 

9 solely on the basis of the failure of the plan to meet such 

10 additional requirements before the 1st day of the 1st cal11 endar quarter beginning after the close of the 1st regular 

12 session of the State legislature that ends after the 1-year 

13 period beginning with the date of the enactment of this 

14 Act. For purposes of the preceding sentence, in the case 

15 of a State that has a 2-year legislative session, each year 

16 of the session is deemed to be a separate regular session 

17 of the State legislature. Except as otherwise provided in 

18 this Act the amendments made by this Act shall take ef19 fect on the date that is 1 year after the date of the enact20 ment of this Act. 

Æ 


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