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[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.
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