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Code · BILL · 117th Congress · S. 3946 (Introduced in Senate) — To reauthorize the Trafficking Victims Protection Act of 2017, and for other purposes. · Sec. 105

Sec. 105. Grants for State improvements

1,000 words·~5 min read·/bill/117/s/3946/is/section-105

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

Title II of the Trafficking Victims Protection Reauthorization Act of 2005 ( 34 U.S.C. 20701 et seq. ) is amended by inserting after section 204 the following: The Secretary of Health and Human Services may make grants to eligible States to develop, improve, or expand programs that assist State, local, or Tribal child welfare agencies with identifying and responding to— children considered victims of child abuse and neglect and of sexual abuse under the application of section 111(b)(1) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106g(b)(1) ) because of being identified as being a victim or at risk of being a victim of sex trafficking; and children over whom such agencies have responsibility for placement, care, or supervision and for whom there is reasonable cause to believe are, or are at risk of being a victim of 1 or more severe forms of trafficking in persons.
In this section: The term child means an individual who has not attained 18 years of age or such older age as the State has elected under section 475(8) of the Social Security Act ( 42 U.S.C. 675(8) ). At the option of an eligible State, such term may include an individual who has not attained 26 years of age. The term eligible State means a State that meets 1 or more of the following criteria: The State has eliminated any requirement relating to identification of a controlling third party who causes a child to engage in a commercial sex act in order for the child to be considered a victim of 1 or more severe forms of trafficking in persons, or a victim of trafficking, for purposes of accessing child welfare services and care.
The State considers a child to be a victim of trafficking if the individual is a victim of a severe form of trafficking in persons as described in subparagraph
(A)of section 103(11) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(11) ). The State agency responsible for administering the State plan for foster care and adoption assistance under part E of title IV of the Social Security Act ( 42 U.S.C. 670 et seq. ) has developed and is implementing protocols that meet the following reporting requirements: The requirement to report immediately, and in no case later than 24 hours after receiving, information on children or youth who have been identified as being a victim of sex trafficking to law enforcement authorities under paragraph (34)(A) of section 471(a) of the Social Security Act ( 42 U.S.C. 671(a) ). The requirement to report immediately, and in no case later than 24 hours after receiving, information on missing or abducted children or youth to law enforcement authorities, including children or youth classified as runaways , for entry into the National Crime Information Center
(NCIC)database of the Federal Bureau of Investigation, and to the National Center for Missing and Exploited Children, under paragraph (35)(B) of such section. The requirement to report to the Secretary of Health and Human Services the total number of children and youth who are victims of sex trafficking under paragraph (34)(B) of such section. The State has developed and implemented a specialized protocol for responding when victims of trafficking are exploited by a third party trafficker to ensure the response focuses on the child’s specific safety needs as a victim of trafficking, and that includes the development and use of an alternative mechanism for investigating and responding to cases of child sex trafficking in which the alleged offender is not the child’s parent or caregiver without utilizing existing processes for investigating and responding to other forms of child abuse or neglect or requiring the filing of an abuse or neglect petition. The term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. Such term includes an Indian tribe, tribal organization, or tribal consortium with a plan approved under section 479B of the Social Security Act ( 42 U.S.C. 679c ), or which is receiving funding to provide foster care under part E of title IV of such Act pursuant to a cooperative agreement or contract with a State. The terms commercial sex act , severe forms of trafficking in persons , sex trafficking , victim of a severe form of trafficking , and victim of trafficking have the meanings given those terms in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). . Section 113(b) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7110(b) ) is amended by adding at the end the following: To carry out the purposes of section 204A of the Trafficking Victims Protection Reauthorization Act of 2005, there are authorized to be appropriated $8,000,000 to the Secretary of Health and Human Services for each of fiscal years 2022 through 2027. . It is the sense of Congress that State and local licensing boards throughout the United States should facilitate access for health care and behavioral health care practitioners and social service providers, as a condition of receiving new or renewal licensure, to training guided by the Department of Health and Human Service’s Core Competencies for Human Trafficking Response in Health Care and Behavioral Health Systems on— the scope and signs of human trafficking and child sexual exploitation and abuse that present in the applicable health care, behavioral health, or social services settings; how to interact with potential victims of trafficking (as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )) and with trafficking survivors, using an age-appropriate, gender-responsive, culturally and linguistically appropriate, and trauma-informed approach; and the manner in which to respond to potential victims and to survivors of human trafficking (as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )) or child sexual exploitation and abuse.
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