Sec. 2. Streamline data collection and reporting on sex trafficking

1,070 words·~5 min read·/bill/113/hr/2744/ih/section-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended— by striking and at the end of paragraph (32); by striking the period at the end of paragraph

(33)and inserting a semicolon; and by adding at the end the following: provides that for each child over whom the State agency has responsibility for placement, care, or supervision, the State agency shall— 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 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 contains a regularly updated description of the specific measures taken by the State agency to protect and provide services to children who are victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000), including efforts to coordinate with State law enforcement, juvenile justice, and social service agencies such as runaway and homeless youth shelters to serve that population. . The Secretary of Health and Human Services shall promulgate regulations implementing the amendments made by paragraph

(1)and shall provide uniform definitions for States to use for the reports required under paragraph (34)(B) of section 471(a) of the Social Security Act ( 42 U.S.C. 671(a)(34)(B) ) (as added by paragraph (1)). The regulations promulgated under this paragraph shall include provisions to permit the Secretary of Health and Human Services the discretion to withhold a portion of the Federal funds to be paid a State under section 474 of the Social Security Act ( 42 U.S.C. 674 ) for a fiscal year quarter from any State that fails to substantially comply with the requirements of paragraphs

(34)and

(35)of section 471(a) of such Act (as so added). Section 479(c)(3) of the Social Security Act (42 U.S.C. 679(c)(3)) is amended— in subparagraph (C)(iii), by striking and after the semicolon; and by adding at the end the following: the annual aggregate number of children in foster care who are identified as victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000); and . During the period that begins on January 1, 2014, and ends on the effective date of a final rule promulgated by the Secretary of Health and Human Services implementing the AFCARS data collection requirement added by the amendments made by subparagraph (A), the Secretary of Health and Human Services shall submit an annual report to Congress that contains the annual aggregate number of children in foster care who are identified as victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(10) )), together with such other information as the Secretary determines appropriate relating to the identification of, and provision of services for, that population of children. Section 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) is amended— in paragraph (2), by striking and at the end; and in paragraph (4)— in the matter preceding subparagraph (A), by striking paragraph

(2)and inserting paragraph

(3); in subparagraph (A), by inserting and a photograph taken within the previous 180 days after dental records ; in subparagraph (B), by striking and at the end; by redesignating subparagraph

(C)as subparagraph (D); and by inserting after subparagraph

(B)the following: notify the National Center for Missing and Exploited Children of each report received relating to a child reported missing from a foster care family home or childcare institution; and . Section 106 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a ) is amended— in subsection (b)(2)(B)— in clause (xxii), by striking and at the end; and by adding at the end the following: provisions and procedures requiring identification and assessment of all reports involving children known or suspected to be, victims of sex trafficking (as defined in paragraph

(10)of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )) or victims of severe forms of trafficking in persons described in paragraph (9)(A) of that section; and provisions and procedures for training child protective services workers about identifying and providing comprehensive services for children who are victims described in clause (xxiv), and providing such services for such children, including efforts to coordinate with State law enforcement, juvenile justice, and social service agencies such as runaway and homeless youth shelters to serve this population; ; and in subsection (d), by adding at the end the following: The number of children determined to be victims described in subsection (b)(2)(B)(xxiv). . Section 111 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106g ) is amended— by striking For purposes and inserting the following: For purposes ; and by adding at the end the following: For purposes of section 3(2) and subsection (a)(4), a child shall be considered a victim of child abuse and neglect and of sexual abuse if the child is identified, by a State or local agency employee of the State or locality involved, as being a victim of sex trafficking (as defined in paragraph

(10)of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )) or a victim of severe forms of trafficking in persons described in paragraph (9)(A) of that section. Notwithstanding the definition of child in section 3(1), a State may elect to define that term for purposes of the application of paragraph

(1)to section 3(2) and subsection (a)(4) as a person who has not attained the age of 24. . Section 3(2) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note) is amended by inserting (including sexual abuse as determined under section 111) after sexual abuse or exploitation . Paragraph (5)(C) of subsection (a), as so designated, of section 111 of the Child Care and Development Block Grant Act of 1990 is amended by striking inhumane; and inserting inhumane. .

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Sec. 2

Streamline data collection and reporting on sex trafficking

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