Sec. 301. Streamline data collection and reporting on sex trafficking
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/bill/113/s/1878/is/section-301A 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 (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— 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 to the National Center for Missing and Exploited Children; 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) 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. . 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. 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. 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 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 . 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— 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 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. Section 479A of the Social Security Act ( 42 U.S.C. 679b ) is amended— in paragraph (5), by striking and after the semicolon; in paragraph (6)(C), by striking the period at the end and inserting ; and ; and by adding at the end the following: 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. .
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Sec. 301
Streamline data collection and reporting on sex trafficking
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