II 

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. 

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 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Protecting Youth At-Risk for Sex Trafficking Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 


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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. 

1 TITLE I—ADDRESSING THE 

2 RISKS THAT MAKE YOUTH 

3 VULNERABLE TO SEX TRAF4 FICKING AND OTHER NEGA5 TIVE OUTCOMES 

6 SEC. 101. IDENTIFYING AND SCREENING YOUTH AT RISK 

7 OF SEX TRAFFICKING. 

8 Section 471(a)(9) of the Social Security Act (42 

9 U.S.C. 671(a)(9)) is amended— 

10 (1) in subparagraph (A), by striking ‘‘and’’; 


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1 (2) in subparagraph (B), by inserting ‘‘and’’ 

2 after the semicolon; and 

3 (3) by adding at the end the following: 

4 ‘‘(C) not later than— 

5 ‘‘(i) 1 year after the date of enact6 ment of the Protecting Youth At-Risk for 

7 Sex Trafficking Act, demonstrate to the 

8 Secretary that it has developed, in con9 sultation with the child protective services 

10 agency or unit for the State, policies and 

11 procedures for identifying and screening, 

12 and to determine appropriate State action 

13 and services, any child who the State has 

14 reasonable cause to believe is a victim of 

15 sex trafficking (as defined in section 

16 103(10) of the Trafficking Victims Protec17 tion Act of 2000 (22 U.S.C. 7102(10))) or 

18 a severe form of trafficking in persons de19 scribed in paragraph (9)(A) of that Act 

20 (22 U.S.C. 7102(9)(A)) or is at risk of 

21 being a victim of either kind of trafficking 

22 (including at the option of the State, any 

23 individual who has not attained age 26 

24 without regard to whether that individual 


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1 is or was in foster care under the responsi2 bility of the State); and 

3 ‘‘(ii) 2 years after the date of enact4 ment of the Protecting Youth At-Risk for 

5 Sex Trafficking Act, demonstrate to the 

6 Secretary that it is implementing, in con7 sultation with the child protective services 

8 agency or unit for the State, the policies 

9 and procedures developed under clause 

10 (i).’’. 

11 SEC. 102. IMPROVEMENTS TO ANOTHER PLANNED PERMA12 NENT LIVING ARRANGEMENT AS A PERMA13 NENCY OPTION. 

14 (a) ELIMINATION OF THE OPTION FOR CHILDREN

15 UNDER AGE 16.— 

16 (1) IN GENERAL.—Section 475(5)(C) of the So17 cial Security Act (42 U.S.C. 675(5)(C)) is amended 

18 by inserting ‘‘only in the case of a child who has at19 tained age 16’’ before ‘‘(in cases where the State 

20 agency has documented’’. 

21 (2) CONFORMING AMENDMENT.—Section 

22 422(b)(8)(A)(iii)(II) of such Act (42 U.S.C. 

23 622(b)(8)(A)(iii)(II)) is amended by inserting ‘‘, 

24 subject to the requirements of paragraphs (5)(C) 

25 and (10) of section 475’’ after ‘‘arrangement’’. 


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1 (b) ADDITIONAL REQUIREMENTS.— 

2 (1) IN GENERAL.—Part E of title IV of the So3 cial Security Act (42 U.S.C. 670 et seq.) is amended 

4 by inserting after section 475 the following new sec5 tion: 

6 ‘‘ADDITIONAL CASE PLAN AND CASE REVIEW SYSTEM

7 REQUIREMENTS

8 ‘‘SEC. 475A. (a) REQUIREMENTS FOR ANOTHER

9 PLANNED PERMANENT LIVING ARRANGEMENT.—In the 

10 case of any child for whom another planned permanent 

11 living arrangement is the permanency plan for the child, 

12 the following requirements shall apply for purposes of ap13 proving the case plan for the child and the case system 

14 review procedure for the child: 

15 ‘‘(1) DOCUMENTATION OF INTENSIVE, ONGO16 ING, UNSUCCESSFUL EFFORTS FOR FAMILY PLACE17 MENT.—At each permanency hearing held with re18 spect to the child, the State agency documents the 

19 intensive, ongoing, and, as of the date of the hear20 ing, unsuccessful efforts made by the State agency 

21 to return the child home, place the child with a fit 

22 and willing relative, place the child with a legal 

23 guardian, or place the child for adoption, including 

24 through efforts that utilize search technology to find 

25 biological family members for children in the child 

26 welfare system. 


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1 ‘‘(2) REDETERMINATION OF APPROPRIATENESS

2 OF PLACEMENT AT EACH PERMANENCY HEARING.— 

3 At each permanency hearing held with respect to the 

4 child, the court or administrative body appointed or 

5 approved by the court conducting the hearing on the 

6 permanency plan for the child shall do the following: 

7 ‘‘(A) Ask the child if the child wants to be 

8 adopted. 

9 ‘‘(B) Make a judicial determination of a 

10 compelling reason with respect to each of the 

11 following options for why it continues to be not 

12 in the best interests of the child to— 

13 ‘‘(i) return home; 

14 ‘‘(ii) be placed with a fit and willing 

15 relative; 

16 ‘‘(iii) be placed with a legal guardian; 

17 or 

18 ‘‘(iv) be placed for adoption. 

19 ‘‘(C) Identify the barriers to permanency 

20 plans other than another planned permanent 

21 living arrangement for the child. 

22 ‘‘(D) Make a new determination that an23 other planned permanent living arrangement is 

24 the appropriate permanency plan for this child 

25 and submit findings as to why, as of the date 


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1 of the hearing, another planned permanent liv2 ing arrangement is the best permanency plan 

3 for the child. 

4 ‘‘(E) Require the State agency to docu5 ment at the next permanency hearing held with 

6 respect to the child the intensive, ongoing, ef7 forts made by the State agency to address such 

8 barriers and allow a different permanency plan 

9 for the child. 

10 ‘‘(3) DEMONSTRATION OF SUPPORT FOR EN11 GAGING IN AGE OR DEVELOPMENTALLY APPRO12 PRIATE ACTIVITIES AND SOCIAL EVENTS.—The 

13 State agency shall appear before the court or admin14 istrative body appointed or approved by the court 

15 and demonstrate, not less frequently than every 6 

16 months while the child is placed in another planned 

17 permanent living arrangement— 

18 ‘‘(A) the steps the State agency is taking, 

19 including with respect to reducing barriers such 

20 as paper work or other documentation, to en21 sure the child has regular, ongoing opportuni22 ties to engage in age or developmentally appro23 priate activities, including social events; and 

24 ‘‘(B) that an individual, other than a case25 worker, is the caregiver for the child for purVerDate Mar 15 2010 01:56 Dec 27, 2013 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1878.IS S1878

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1 poses of the reasonable and prudent parent 

2 standard (as defined in section 475(9)), includ3 ing with respect to authority for signing permis4 sion slips and giving informal permission for 

5 the child to participate in age or develop6 mentally appropriate activities, including social 

7 events.’’. 

8 (2) CONFORMING AMENDMENTS.— 

9 (A) STATE PLAN REQUIREMENTS.— 

10 (i) PART B.—Section 422(b)(8)(A)(ii) 

11 of the Social Security Act (42 U.S.C. 

12 622(b)(8)(A)(ii)) is amended by inserting 

13 ‘‘in accordance with the requirements of 

14 section 475A’’ after ‘‘section 475(5))’’. 

15 (ii) PART E.—Section 471(a)(16) of 

16 the Social Security Act (42 U.S.C. 

17 671(a)(16)) is amended— 

18 (I) by inserting ‘‘and in accord19 ance with the requirements of section 

20 475A’’ after ‘‘section 475(1)’’; and 

21 (II) by striking ‘‘section 

22 475(5)(B)’’ and inserting ‘‘sections 

23 475(5) and 475A’’. 

24 (B) DEFINITIONS.—Section 475 of the So25 cial Security Act (42 U.S.C. 675) is amended— 


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1 (i) in paragraph (1), in the matter 

2 preceding subparagraph (A), by inserting 

3 ‘‘meets the requirements of section 475A 

4 and’’ after ‘‘written document which’’; 

5 (ii) in paragraph (5)(C), as amended 

6 by subsection (a)(1)— 

7 (I) by inserting ‘‘, as of the date 

8 of the hearing,’’ after ‘‘compelling rea9 son for determining’’; and 

10 (II) by inserting ‘‘subject to the 

11 requirements of section 475A(a),’’ 

12 after ‘‘another planned permanent liv13 ing arrangement,’’; and 

14 (iii) by adding at the end the fol15 lowing: 

16 ‘‘(9)(A) The term ‘reasonable and prudent par17 ent standard’ means the standard characterized by 

18 careful and sensible parental decisions that maintain 

19 a child’s health, safety, and best interests while at 

20 the same time encouraging the child’s emotional and 

21 developmental growth, that a caregiver shall use 

22 when determining whether to allow a child in foster 

23 care under the responsibility of the State to partici24 pate in extracurricular, enrichment, and social ac25 tivities. 


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1 ‘‘(B) For purposes of subparagraph (A), the 

2 term ‘caregiver’ means a foster parent with whom a 

3 child in foster care has been placed or a designated 

4 official for a child care institution in which a child 

5 in foster care has been placed. 

6 ‘‘(10)(A)(i) The term ‘age or developmentally 

7 appropriate’ means activities or items that are gen8 erally accepted as suitable for children of the same 

9 chronological age or level of maturity or that are de10 termined to be developmentally appropriate for a 

11 child, based on the development of cognitive, emo12 tional, physical, and behavioral capacities that are 

13 typical for an age or age group. 

14 ‘‘(ii) In the event that any age related activities 

15 have implications relative to a child or youth’s aca16 demic curriculum, nothing in this part or part B 

17 shall be construed to authorize an officer or em18 ployee of the Federal Government to mandate, di19 rect, or control a State, local educational agency, or 

20 school’s specific instructional content, academic 

21 achievement standards and assessments, curriculum, 

22 or program of instruction. 

23 ‘‘(B) In the case of a specific child, the term 

24 means activities or items that are suitable for that 

25 child based on the developmental stages attained by 


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1 the child with respect to the child’s cognitive, emo2 tional, physical, and behavioral capacities.’’. 

3 (c) COLLECTED CHILD SUPPORT DIRECTED TO THE

4 YOUTH.— 

5 (1) FOSTER YOUTH IN ANOTHER PLANNED

6 PERMANENT LIVING ARRANGEMENT.—Section 

7 457(e)(1) of the Social Security Act (42 U.S.C. 

8 657(e)(1)) is amended by inserting ‘‘unless the per9 manency plan for the child is another planned per10 manent living arrangement, in which case the 

11 amounts collected (without any reimbursement to 

12 the Federal Government) shall be deposited by the 

13 State agency responsible for supervising the child’s 

14 placement in an account established for the benefit 

15 of the child and only used for payment of fees or 

16 other costs attributable to the child’s participation in 

17 age or developmentally appropriate activities (until 

18 the child attains 18 years of age or such higher age 

19 as the State has elected under section 475(8)(B)(iii) 

20 at which time any funds in the account shall be paid 

21 to the child)’’ before the semicolon. 

22 (2) FORMER FOSTER YOUTH WHO HAVE AGED

23 OUT OF FOSTER CARE.—Section 457 of the Social 

24 Security Act (42 U.S.C. 657) is amended— 


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1 (A) in subsection (a), in the matter pre2 ceding paragraph (1), by striking ‘‘(d) and (e)’’ 

3 and inserting ‘‘(d), (e), and (f)’’; and 

4 (B) by adding at the end the following new 

5 subsection: 

6 ‘‘(f) YOUTH AGE 18 OR OLDER IN FOSTER CARE.— 

7 Notwithstanding the preceding provisions of this section, 

8 amounts collected by a State as child support for months 

9 in any period on behalf of a child who is in foster care 

10 under the responsibility of the State on the date the child 

11 attains 18 years of age or such higher age as the State 

12 has elected under section 475(8)(B)(iii) shall be paid to 

13 the child (without any reimbursement to the Federal Gov14 ernment).’’. 

15 (3) STATE PLAN AMENDMENT.—Section 

16 454(11) of the Social Security Act (42 U.S.C. 

17 654(11)) is amended— 

18 (A) in subparagraph (A), by striking 

19 ‘‘and’’ after the semicolon; 

20 (B) in subparagraph (B), by adding ‘‘and’’ 

21 after the semicolon; and 

22 (C) by inserting after subparagraph (B), 

23 the following: 

24 ‘‘(C) provide a description of the procedures the 

25 State has in effect to comply with the requirements 


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1 under section 457(e)(1) regarding funds collected on 

2 behalf of a child in another planned permanent liv3 ing arrangement and with the requirements under 

4 section 457(f) regarding payment of amounts col5 lected on behalf of a child who is in foster care 

6 under the responsibility of the State on the date the 

7 child attains 18 years of age or such higher age as 

8 the State has elected under section 475(8)(B)(iii);’’. 

9 (d) EFFECTIVE DATES.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (2), the amendments made by this section 

12 shall take effect on the date that is 1 year after the 

13 date of enactment of this Act. 

14 (2) DELAY OF CHILD SUPPORT AMENDMENT

15 PERMITTED IF STATE LEGISLATION REQUIRED.—In 

16 the case of a State plan approved under section 454 

17 of the Social Security Act which requires State legis18 lation (other than legislation appropriating funds) in 

19 order for the plan to meet the additional require20 ments imposed by the amendments made by sub21 section (c), the State plan shall not be regarded as 

22 failing to comply with the additional requirements 

23 solely on the basis of the failure of the plan to meet 

24 the additional requirements before the first day of 

25 the first calendar quarter beginning after the close 


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1 of the first regular session of the State legislature 

2 that begins after the date of enactment of this Act. 

3 For purposes of the previous sentence, in the case 

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

5 year of such session shall be deemed to be a sepa6 rate regular session of the State legislature. 

7 TITLE II—EMPOWERING OLDER 

8 YOUTH VULNERABLE TO DO9 MESTIC SEX TRAFFICKING 

10 AND OTHER NEGATIVE OUT11 COMES 

12 SEC. 201. EMPOWERING FOSTER YOUTH AGE 14 AND OLDER 

13 IN THE DEVELOPMENT OF THEIR OWN CASE 

14 PLAN AND TRANSITION PLANNING FOR A 

15 SUCCESSFUL ADULTHOOD. 

16 (a) IN GENERAL.—Section 475(1)(B) of the Social 

17 Security Act (42 U.S.C. 675(1)(B)) is amended by adding 

18 at the end the following: ‘‘With respect to a child who has 

19 attained age 14, the plan developed under this paragraph 

20 for the child, the permanency plan required for the child 

21 under paragraph (5)(C), and any revisions or additions 

22 to such plans, shall be developed in consultation with the 

23 child and, at the option of the child, with up to 2 members 

24 of the case planning team who are chosen by the child 

25 and who are not the child’s foster parent or caseworker. 


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1 A State may reject an individual selected by a child to 

2 be a member of the case planning team at any time if 

3 the State has good cause to believe that the individual 

4 would not act in the best interests of the child. One indi5 vidual selected by a child to be a member of the child’s 

6 case planning team may be designated to be the child’s 

7 advisor and, as necessary, advocate, with respect to the 

8 application of the reasonable and prudent parent standard 

9 to the child.’’. 

10 (b) CONFORMING AMENDMENTS TO INCLUDE YOUTH

11 14 AND OLDER IN TRANSITION PLANNING.—Section 475 

12 of such Act (42 U.S.C. 675) is amended— 

13 (1) in paragraph (1)(D), by striking ‘‘Where 

14 appropriate, for a child age 16’’ and inserting ‘‘For 

15 a child age 14’’; and 

16 (2) in paragraph (5)— 

17 (A) in subparagraph (C)— 

18 (i) by striking ‘‘16’’ and inserting 

19 ‘‘14’’; and 

20 (ii) by striking ‘‘independent living’’ 

21 and inserting ‘‘a successful adulthood and 

22 that the permanency plan for the child is 

23 developed in accordance with the require24 ments specified in paragraph (1)(B)’’; and 


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1 (B) in subparagraph (I), by striking ‘‘16’’ 

2 and inserting ‘‘14’’. 

3 (c) TRANSITION PLANNING FOR A SUCCESSFUL

4 ADULTHOOD.—Paragraphs (1)(D) and (5)(C)(iii) of sec5 tion 475 of such Act (42 U.S.C. 675) are each amended 

6 by striking ‘‘independent living’’ and inserting ‘‘a success7 ful adulthood’’. 

8 (d) LIST OF RIGHTS.—Section 475A of the Social Se9 curity Act, as added by section 102(b)(1), is amended by 

10 adding at the end the following new subsection: 

11 ‘‘(b) LIST OF RIGHTS.—The case plan for any child 

12 in foster care under the responsibility of the State or with 

13 respect to whom adoption or kinship guardianship, assist14 ance is made available under this part, who has attained 

15 age 14 shall include an age or developmentally appropriate 

16 written document that describes the child’s rights with re17 spect to education, health, visitation, and court participa18 tion, and to staying safe and avoiding exploitation and a 

19 signed acknowledgment by the child that the child has 

20 been provided them with a written copy of such docu21 ment.’’. 

22 (e) REPORT.—Not later than 2 years after the date 

23 of enactment of this Act, the Secretary of Health and 

24 Human Services shall submit a report to Congress regardVerDate Mar 15 2010 01:56 Dec 27, 2013 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S1878.IS S1878

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1 ing the implementation of the amendments made by this 

2 section. The report shall include— 

3 (1) an analysis of how States are administering 

4 the requirement of section 475(1)(B) of the Social 

5 Security Act, as amended by subsection (a) of this 

6 Act, to permit a child in foster care who has at7 tained age 14 to select up to 2 members of the 

8 child’s case planning team from individuals who are 

9 not the child’s foster parent or caseworker for the 

10 development of the plan for the child under para11 graph (1)(B) of section 475 of such Act, the perma12 nency plan required for the child under paragraph 

13 (5)(C) of section 475 of such Act, and for any revi14 sions or additions to such plans; and 

15 (2) a description of best practices of States with 

16 respect to the administration of the requirement. 

17 SEC. 202. ENSURING FOSTER YOUTH HAVE A BIRTH CER18 TIFICATE, SOCIAL SECURITY CARD, DRIVER’S 

19 LICENSE OR EQUIVALENT STATE-ISSUED 

20 IDENTIFICATION CARD, AND A BANK AC21 COUNT. 

22 (a) CASE REVIEW SYSTEM REQUIREMENT.—Section 

23 475(5)(I) of the Social Security Act (42 U.S.C. 675(5)(I)) 

24 is amended— 


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1 (1) by striking ‘‘and receives assistance’’ and 

2 inserting ‘‘receives assistance’’; and 

3 (2) by inserting before the period, the following: 

4 ‘‘and is not discharged from care without being pro5 vided with an official birth certificate, a social secu6 rity card issued by the Commissioner of Social Secu7 rity, a driver’s license or identification card issued 

8 by a State in accordance with the requirements of 

9 section 202 of the REAL ID Act of 2005, and a fee10 free (or low-fee) transaction account (as defined in 

11 section 19(b)(1)(C) of the Federal Reserve Act (12 

12 U.S.C. 461(b)(1)(C))) established in the child’s 

13 name at an insured depository institution (as de14 fined in section 3 of the Federal Deposit Insurance 

15 Act (12 U.S.C. 1813)) or an insured credit union 

16 (as defined in section 101 of the Federal Credit 

17 Union Act (12 U.S.C. 1752)), unless the child, after 

18 consultation with the child’s selected members of the 

19 child’s case planning team (if any), elects not to 

20 have such an account established’’. 

21 (b) PENALTY FOR NONCOMPLIANCE.—Section 474 of 

22 the Social Security Act (42 U.S.C. 674) is amended by 

23 adding at the end the following: 

24 ‘‘(h) REDUCED FEDERAL MATCHING PERCENTAGE

25 FOR ADMINISTRATION FOR FAILURE TO ENSURE FOSTER


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1 YOUTH HAVE A BIRTH CERTIFICATE, SOCIAL SECURITY

2 CARD, PICTURE ID, AND A BANK ACCOUNT.—If the Sec3 retary finds with respect to a fiscal year quarter that a 

4 State has failed to comply with the requirement under sec5 tion 475(5)(I) to provide each child in foster care under 

6 the responsibility of the State with an official birth certifi7 cate, a social security card issued by the Commissioner 

8 of Social Security, a driver’s license or identification card 

9 issued by a State in accordance with the requirements of 

10 section 202 of the REAL ID Act of 2005, and a fee-free 

11 (or low-fee) transaction account (as defined in section 

12 19(b)(1)(C) of the Federal Reserve Act (12 U.S.C. 

13 461(b)(1)(C))) established in the child’s name at an in14 sured depository institution (as defined in section 3 of the 

15 Federal Deposit Insurance Act (12 U.S.C. 1813)) or an 

16 insured credit union (as defined in section 101 of the Fed17 eral Credit Union Act (12 U.S.C. 1752)) before the child 

18 is discharged from such care, (unless the child elects, after 

19 consultation with the child’s selected members of the 

20 child’s case planning team (if any), not to have such an 

21 account established) then, notwithstanding subsection (a) 

22 of this section and any regulations promulgated under sec23 tion 1123A(b)(3), the Secretary shall reduce the Federal 

24 matching percentage for expenditures described in sub25 section (a)(3)(E) for the succeeding fiscal year quarter by 


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1 1 percentage point for every multiple of 10 children for 

2 whom the Secretary determines the State failed to comply 

3 with such requirements (but not to exceed 25 percentage 

4 points).’’. 

5 (c) EFFECTIVE DATE.— 

6 (1) IN GENERAL.—Subject to paragraph (2), 

7 the amendments made by this section take effect on 

8 October 1, 2015. 

9 (2) EXTENSION FOR STATE LAW AMEND10 MENT.—In the case of a State plan approved under 

11 part B or E of title IV of the Social Security Act 

12 which the Secretary of Health and Human Services 

13 determines requires State legislation (other than leg14 islation appropriating funds) in order for the plan to 

15 meet the additional requirements imposed by the 

16 amendments made by this section, the State plan 

17 shall not be regarded as failing to comply with the 

18 requirements of such part solely on the basis of the 

19 failure of the plan to meet such additional require20 ments before the first day of the first calendar quar21 ter beginning after the close of the first regular ses22 sion of the State legislature that ends after the 1- 

23 year period beginning with the date of enactment of 

24 this Act. For purposes of the preceding sentence, in 

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1 sion, each year of the session is deemed to be a sep2 arate regular session of the State legislature. 

3 TITLE III—DATA AND REPORTS 

4 SEC. 301. STREAMLINE DATA COLLECTION AND REPORT5 ING ON SEX TRAFFICKING. 

6 (a) STATE PLAN REQUIREMENTS.— 

7 (1) IN GENERAL.—Section 471(a) of the Social 

8 Security Act (42 U.S.C. 671(a)) is amended— 

9 (A) by striking ‘‘and’’ at the end of para10 graph (32); 

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

12 paragraph (33) and inserting a semicolon; and 

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

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

15 the State agency has responsibility for placement, 

16 care, or supervision (including a child who is in fos17 ter care, a child for whom a State child welfare 

18 agency has an open case file but who has not been 

19 removed from the home, and a youth who is not in 

20 foster care but is receiving services under section 

21 477), the State agency shall— 

22 ‘‘(A) identify and document appropriately 

23 in agency records each child who is identified as 

24 being a victim of sex trafficking (as defined in 

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1 tection Act of 2000) or as a victim of severe 

2 forms of trafficking in persons described in sec3 tion 103(9)(A) of the Trafficking Victims Pro4 tection Act of 2000 (relating to sex trafficking) 

5 as such a victim; and 

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

7 later than 24 hours after receiving, information 

8 on missing or abducted children to the law en9 forcement authorities for entry into the Na10 tional Crime Information Center (NCIC) data11 base of the Federal Bureau of Investigation, es12 tablished pursuant to section 534 of title 28, 

13 United States Code, and to the National Center 

14 for Missing and Exploited Children; and 

15 ‘‘(35) contains a regularly updated description 

16 of the specific measures taken by the State agency 

17 to protect and provide services to children who are 

18 victims of sex trafficking (as defined in section 

19 103(10) of the Trafficking Victims Protection Act of 

20 2000) or as a victim of severe forms of trafficking 

21 in persons described in section 103(9)(A) of the 

22 Trafficking Victims Protection Act of 2000 (relating 

23 to sex trafficking), including efforts to coordinate 

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1 cial service agencies such as runaway and homeless 

2 youth shelters to serve that population.’’. 

3 (2) EFFECTIVE DATE.— 

4 (A) IN GENERAL.—Except as provided in 

5 subparagraph (B), the amendments made by 

6 subsection (a) shall take effect on the date that 

7 is 1 year after the date of the enactment of this 

8 Act, without regard to whether final regulations 

9 required under subsection (b) have been pro10 mulgated. 

11 (B) DELAY PERMITTED IF STATE LEGISLA12 TION REQUIRED.—In the case of a State plan 

13 approved under part E of title IV of the Social 

14 Security Act which the Secretary of Health and 

15 Human Services determines requires State leg16 islation (other than legislation appropriating 

17 funds) in order for the plan to meet the addi18 tional requirements imposed by subsection (a), 

19 the State plan shall not be regarded as failing 

20 to comply with the requirements of such part 

21 solely on the basis of the failure of the plan to 

22 meet such additional requirements before the 

23 first day of the first calendar quarter beginning 

24 after the close of the first regular session of the 

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1 riod beginning with the date of the enactment 

2 of this Act. For purposes of the preceding sen3 tence, in the case of a State that has a 2-year 

4 legislative session, each year of the session is 

5 deemed to be a separate regular session of the 

6 State legislature. Except as otherwise provided 

7 in this Act the amendments made by this Act 

8 shall take effect on the date that is 1 year after 

9 the date of the enactment of this Act. 

10 (b) INCLUSION OF DATA IN AFCARS.— 

11 (1) IN GENERAL.—Section 479(c)(3) of the So12 cial Security Act (42 U.S.C. 679(c)(3)) is amend13 ed— 

14 (A) in subparagraph (C)(iii), by striking 

15 ‘‘and’’ after the semicolon; and 

16 (B) by adding at the end the following: 

17 ‘‘(E) the number of children in foster care 

18 (and to the extent the Secretary determines fea19 sible, the number of other children over whom 

20 the State agency has responsibility for place21 ment, care, or supervision (including children 

22 for whom a State child welfare agency has an 

23 open case file but who have not been removed 

24 from the home and youth who are not in foster 

25 care but are receiving services under section 


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1 477)) who are identified as victims of sex traf2 ficking (as defined in section 103(10) of the 

3 Trafficking Victims Protection Act of 2000) or 

4 as victims of severe forms of trafficking in per5 sons described in section 103(9)(A) of the Traf6 ficking Victims Protection Act of 2000 (relating 

7 to sex trafficking); and’’. 

8 (2) REPORTS TO CONGRESS.— 

9 (A) INITIAL REPORT.—Not later than the 

10 date that is 2 years after the date of enactment 

11 of this Act, the Secretary of Health and Human 

12 Services shall— 

13 (i) survey each State with a State 

14 plan approved under part B or E of title 

15 IV of the Social Security Act (42 U.S.C. 

16 621 et seq., 670 et seq.) to determine the 

17 estimated number of children in foster care 

18 and the estimated number of other chil19 dren over whom the State agency has re20 sponsibility for placement, care, or super21 vision (including children for whom a State 

22 child welfare agency has an open case file 

23 but who have not been removed from the 

24 home and youth who are not in foster care 

25 but are receiving services under section 


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1 477 of such Act (42 U.S.C. 677)) who are 

2 identified as victims of sex trafficking (as 

3 defined in section 103(10) of the Traf4 ficking Victims Protection Act of 2000) or 

5 as victims of severe forms of trafficking in 

6 persons described in section 103(9)(A) of 

7 the Trafficking Victims Protection Act of 

8 2000 (relating to sex trafficking); and 

9 (ii) submit a report to Congress that 

10 includes the results of such survey, includ11 ing State-specific data, along with such 

12 recommendations for administrative or leg13 islative action as the Secretary of Health 

14 and Human Services determines appro15 priate relating to the identification of, and 

16 provision of services for, such children. 

17 (B) ANNUAL REPORTS.—Section 479A of 

18 the Social Security Act (42 U.S.C. 679b) is 

19 amended— 

20 (i) in paragraph (5), by striking 

21 ‘‘and’’ after the semicolon; 

22 (ii) in paragraph (6)(C), by striking 

23 the period at the end and inserting ‘‘; 

24 and’’; and 


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

3 ‘‘(7) include in the report submitted pursuant 

4 to paragraph (5) for the first fiscal year that begins 

5 on or after the effective date of a final rule imple6 menting the data collection required under subpara7 graph (E) of section 479(c)(3), and for each suc8 ceeding fiscal year, the State-specific data collected 

9 under such subparagraph, along with such other in10 formation as the Secretary determines appropriate 

11 relating to the identification of, and provision of 

12 services for, the population of children identified in 

13 such data.’’. 

14 SEC. 302. RECOMMENDATIONS TO CONGRESS FOR EXPAND15 ING HOUSING FOR YOUTH VICTIMS OF TRAF16 FICKING. 

17 Part A of title XI of the Social Security Act (42 

18 U.S.C. 1301 et seq.) is amended by inserting after section 

19 1123A, the following: 

20 ‘‘RECOMMENDATIONS TO CONGRESS FOR EXPANDING

21 HOUSING FOR YOUTH VICTIMS OF TRAFFICKING

22 ‘‘SEC. 1123B. (a) IN GENERAL.—Not later than 1 

23 year after the enactment of this section, the head of each 

24 Federal agency specified in subsection (c) shall submit a 

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1 grams, properties, or other resources owned, operated, or 

2 funded by the Federal Government to provide safe housing 

3 for youth who are victims of trafficking and to provide 

4 support to entities that provide housing or other assist5 ance to such victims. 

6 ‘‘(b) CONTENT.—The reports required by subsection 

7 (a) shall include with respect to programs, properties, or 

8 other resources owned, operated, or funded by each Fed9 eral agency specified in subsection (c), information regard10 ing— 

11 ‘‘(1) the availability and suitability of existing 

12 Federal, State, and local housing resources that are 

13 appropriate for housing youth victims of trafficking 

14 or for providing support to entities that provide 

15 housing or other assistance to such victims, includ16 ing in rural and isolated locations; and 

17 ‘‘(2) the feasibility of establishing or supporting 

18 public-private partnerships to provide housing for 

19 such victims or support to entities that provide hous20 ing or other assistance to such victims. 

21 ‘‘(c) AGENCIES SUBJECT TO REPORTING REQUIRE22 MENT.—The Federal agencies specified in this subsection 

23 are the following: 

24 ‘‘(1) The Department of Defense. 


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1 ‘‘(2) The Department of Health and Human 

2 Services. 

3 ‘‘(3) The Department of Homeland Security. 

4 ‘‘(4) The Department of Housing and Urban 

5 Development. 

6 ‘‘(5) The Department of Justice. 

7 ‘‘(d) VICTIMS OF TRAFFICKING DEFINED.—In this 

8 section, the term ‘victims of trafficking’ has the meaning 

9 given that term in section 103(15) of the Trafficking Vic10 tims Protection Act of 2000 (22 U.S.C. 7102(15)).’’. 

11 TITLE IV—NATIONAL ADVISORY 

12 COMMITTEE ON DOMESTIC 

13 SEX TRAFFICKING 

14 SEC. 401. NATIONAL ADVISORY COMMITTEE ON DOMESTIC 

15 SEX TRAFFICKING. 

16 Title XI of the Social Security Act (42 U.S.C. 1301 

17 et seq.) is amended by inserting after section 1114 the 

18 following new section: 

19 ‘‘NATIONAL ADVISORY COMMITTEE ON DOMESTIC SEX

20 TRAFFICKING

21 ‘‘SEC. 1114A. (a) OFFICIAL DESIGNATION.—This 

22 section relates to the National Advisory Committee on Do23 mestic Sex Trafficking (in this section referred to as the 

24 ‘Committee’). 


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1 ‘‘(b) AUTHORITY.—Not later than 180 days after the 

2 date of enactment of this section, the Secretary shall es3 tablish and appoint all members of the Committee. 

4 ‘‘(c) MEMBERSHIP.— 

5 ‘‘(1) COMPOSITION.—The Committee shall be 

6 composed of not more than 21 members whose di7 verse experience and background enable them to pro8 vide balanced points of view with regard to carrying 

9 out the duties of the Committee. The Committee 

10 shall not be composed solely of Federal officers or 

11 employees. 

12 ‘‘(2) SELECTION.—The Secretary, in consulta13 tion with the Attorney General, shall appoint mem14 bers to the Committee. 

15 ‘‘(3) PERIOD OF APPOINTMENT; VACANCIES.— 

16 Members shall be appointed for the life of the Com17 mittee. A vacancy in the Committee shall be filled in 

18 the manner in which the original appointment was 

19 made and shall not affect the powers or duties of the 

20 Committee. 

21 ‘‘(4) COMPENSATION.—Committee members, 

22 with the exception of reimbursement of official travel 

23 expenses and per diem for official travel, shall serve 

24 without compensation. 

25 ‘‘(d) DUTIES.— 


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1 ‘‘(1) NATIONAL RESPONSE.—The Committee 

2 shall advise the Secretary and the Attorney General 

3 on practical and general policies concerning improve4 ments to the Nation’s response to domestic sex traf5 ficking of minors from the child welfare system and 

6 the commercial sexual exploitation of children. 

7 ‘‘(2) COOPERATION POLICIES.—The Committee 

8 shall advise the Secretary and the Attorney General 

9 on practical and general policies concerning the co10 operation of Federal, State, local, and tribal govern11 ments, child welfare agencies, social service pro12 viders, physical health and mental health providers, 

13 victim service providers, State or local courts with 

14 responsibility for conducting or supervising pro15 ceedings relating to child welfare or social services 

16 for children and their families, Federal, State, and 

17 local police, juvenile detention centers and runaway 

18 and homeless youth programs, schools, and busi19 nesses and organizations that provide services to 

20 youth, on responding to domestic sex trafficking of 

21 minors and the commercial sexual exploitation of 

22 children, including the development and implementa23 tion of— 

24 ‘‘(A) successful interventions with children 

25 and teens who are exposed to conditions that 


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1 make them vulnerable to, or victims of, domes2 tic sex trafficking and commercial sexual exploi3 tation; 

4 ‘‘(B) policies that reflect an understanding 

5 that safety and well-being of children and teens 

6 can be compromised by the sexualization of 

7 children, the commodification of children, and a 

8 lack of normalcy characterized by isolation, dis9 connection from positive, appropriate, and 

10 healthy relationships with peers and adults, and 

11 an inability to engage in age appropriate activi12 ties; and 

13 ‘‘(C) the relationship between children and 

14 teens who are trafficked and the overall coars15 ening and desensitization of society to violence 

16 that puts the public safety of communities 

17 across the Nation at risk. 

18 ‘‘(3) DEFINITION OF ‘COMMERCIAL SEXUAL EX19 PLOITATION OF CHILDREN’.—The Committee shall 

20 recommend a comprehensive definition of what con21 stitutes the ‘commercial sexual exploitation of chil22 dren’. 

23 ‘‘(4) BEST PRACTICES FOR STATES.— 

24 ‘‘(A) IN GENERAL.—The Committee shall 

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1 graph as ‘Tier I’ and ‘Tier II’) of recommended 

2 best practices for States to follow in combating 

3 the domestic sex trafficking of minors and the 

4 commercial sexual exploitation of children. Tier 

5 I shall provide States that have not yet ad6 dressed domestic sex trafficking of minors and 

7 the commercial sexual exploitation of children 

8 with an idea of where to begin and what steps 

9 to take. Tier II shall provide States that are al10 ready working to address domestic sex traf11 ficking of minors and the commercial sexual ex12 ploitation of children with examples of policies 

13 that are already being used effectively by other 

14 States to address trafficking issues. 

15 ‘‘(B) DEVELOPMENT.—The best practices 

16 shall be based on multidisciplinary research and 

17 promising, evidence-based models and pro18 grams. 

19 ‘‘(C) CONTENT.—The best practices shall 

20 be user-friendly, incorporate the most up-to21 date technology, and include the following: 

22 ‘‘(i) Sample training materials, proto23 cols, and screening tools to prepare child 

24 welfare personnel to identify and serve 

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1 mestic sex trafficking or commercial sexual 

2 exploitation. 

3 ‘‘(ii) Multidisciplinary strategies to 

4 identify victims, manage cases, and im5 prove services to meet the unique needs of 

6 this youth population. 

7 ‘‘(iii) Sample protocols and rec8 ommendations for effective, cross-system 

9 collaboration between Federal, State, local, 

10 and tribal governments, child welfare agen11 cies, social service providers, physical 

12 health and mental health providers, victim 

13 service providers, State or local courts with 

14 responsibility for conducting or supervising 

15 proceedings relating to child welfare or so16 cial services for children and their families, 

17 Federal, State, and local police, juvenile 

18 detention centers and runaway and home19 less youth programs, schools, and busi20 nesses and organizations that provide serv21 ices to youth. These protocols and rec22 ommendations should include strategies to 

23 identify victims and collect, document, and 

24 share data across systems and agencies, 

25 and should be designed to help agencies 


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1 better understand the type of trafficking or 

2 commercial sexual exploitation involved, 

3 the scope of the problem, the needs of the 

4 population to be served, ways to address 

5 the demand for trafficked children and 

6 youth and increase prosecutions of traf7 fickers and purchasers of children and 

8 youth, and the degree of victim interaction 

9 with multiple systems. 

10 ‘‘(iv) A list of recommendations to es11 tablish safe residential placements for fos12 ter youth who have been trafficked (as de13 fined by the Committee) as well as training 

14 guidelines for caregivers that serve chil15 dren and youth being cared for outside the 

16 home. 

17 ‘‘(e) REPORTS.— 

18 ‘‘(1) IN GENERAL.—The Committee shall sub19 mit an interim and a final report on the work of the 

20 Committee to— 

21 ‘‘(A) the Secretary; 

22 ‘‘(B) the Attorney General; 

23 ‘‘(C) the Committee on Finance of the 

24 Senate; and 


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1 ‘‘(D) the Committee on Ways and Means 

2 of the House of Representatives. 

3 ‘‘(2) REPORTING DATES.—The interim report 

4 shall be submitted not later than 1 year after the es5 tablishment of the Committee. The final report shall 

6 be submitted not later than 2 years after the estab7 lishment of the Committee unless the Secretary es8 tablishes an extension period for the Committee, in 

9 which case the final report shall be submitted not 

10 later than the last day of such period. 

11 ‘‘(f) ADMINISTRATION.— 

12 ‘‘(1) AGENCY SUPPORT.—The Secretary shall 

13 direct the head of the Administration on Children, 

14 Youth and Families of the Department of Health 

15 and Human Services to provide all necessary sup16 port for the Committee. 

17 ‘‘(2) MEETINGS.— 

18 ‘‘(A) IN GENERAL.—The Committee will 

19 meet at the call of the Secretary at least twice 

20 a year to carry out the duties identified in this 

21 section, and more often as otherwise required. 

22 ‘‘(B) PROCEDURES.—The Secretary shall 

23 call all of the Committee meetings, prepare and 

24 approve all meeting agendas, attend all Com25 mittee meetings, adjourn any meeting when the 


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1 Secretary determines adjournment to be in the 

2 public interest, and shall chair meetings when 

3 directed to do so by an official or entity to 

4 whom the Committee reports. 

5 ‘‘(3) SUBCOMMITTEES.—The Committee shall 

6 be authorized to establish subcommittees or working 

7 groups, as necessary and consistent with the mission 

8 of the Committee, and any such subcommittees or 

9 working groups shall operate under the provisions of 

10 the Federal Advisory Committee Act of 1972 (5 

11 U.S.C. App.), the Sunshine in Government Act of 

12 1976 (5 U.S.C. 552b), and other appropriate Fed13 eral regulations. Such subcommittees or working 

14 groups shall have no authority to make decisions on 

15 behalf of the Committee, nor shall they report di16 rectly to any official or entity listed in subsection 

17 (d). 

18 ‘‘(4) RECORDKEEPING.—The records of the 

19 Committee and any subcommittees and working 

20 groups shall be maintained in accordance with ap21 propriate Department of Health and Human Serv22 ices policies and procedures and shall be available 

23 for public inspection and copying, subject to the 

24 Freedom of Information Act (5 U.S.C. 552). 

25 ‘‘(g) FUNDING.— 


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1 ‘‘(1) IN GENERAL.—From the unobligated bal2 ance of funds made available to carry out section 

3 414 of the Social Security Act (42 U.S.C. 614), 

4 $400,000 of such funds are hereby transferred and 

5 made available to carry out this section. Amounts 

6 transferred and made available to carry out this sec7 tion shall remain available for expenditure until the 

8 date on which the Committee terminates and shall 

9 not be subject to reduction under a sequestration 

10 order issued under the Balanced Budget and Emer11 gency Deficit Control Act of 1985 (2 U.S.C. 900 et 

12 seq.). 

13 ‘‘(2) UNOBLIGATED AMOUNTS.—Any amounts 

14 made available to carry out this section that are un15 obligated on the date on which the Committee termi16 nates shall be returned to the Treasury of the 

17 United States. 

18 ‘‘(h) TERMINATION.—The Committee shall terminate 

19 2 years after the date of establishment unless the Sec20 retary determines that more time is necessary to allow the 

21 Committee to complete its duties, in which case the Com22 mittee shall terminate at the end of an extension period 

23 established by the Secretary (not to exceed 24 months).’’. 


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1 TITLE V—BUDGETARY EFFECTS 

2 SEC. 501. DETERMINATION OF BUDGETARY EFFECTS. 

3 The budgetary effects of this Act, for the purpose of 

4 complying with the Statutory Pay-As-You-Go Act of 2010, 

5 shall be determined by reference to the latest statement 

6 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

7 Act, submitted for printing in the Congressional Record 

8 by the Chairman of the Senate Budget Committee, pro9 vided that such statement has been submitted prior to the 

10 vote on passage. 

Æ 


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