[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1118 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1118

To amend part E of title IV of the Social Security Act 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

                              June 7, 2013

  Mr. Wyden (for himself, Mr. Portman, Mr. Blumenthal, Mr. Brown, Ms. 
  Cantwell, Mr. Kirk, and Mr. Bennet) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend part E of title IV of the Social Security Act 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.

    This Act may be cited as the ``Child Sex Trafficking Data and 
Response Act of 2013''.

SEC. 2. STREAMLINE DATA COLLECTION AND REPORTING ON SEX TRAFFICKING.

    (a) Foster Care and Adoption Assistance Program.--
            (1) State plan requirements.--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, 
        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
            ``(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), 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) Regulations.--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).
            (3) Inclusion of data in afcars.--
                    (A) In general.--Section 479(c)(3) of the Social 
                Security Act (42 U.S.C. 679(c)(3)) is amended--
                            (i) in subparagraph (C)(iii), by striking 
                        ``and'' after the semicolon; and
                            (ii) by adding at the end the following:
                    ``(E) 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''.
                    (B) Report to congress.--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.
    (b) State Reporting.--Section 3702 of the Crime Control Act of 1990 
(42 U.S.C. 5780) is amended--
            (1) in paragraph (2), by striking ``and'' at the end; and
            (2) in paragraph (4)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``paragraph (2)'' and inserting ``paragraph 
                (3)'';
                    (B) in subparagraph (A), by inserting ``and a 
                photograph taken within the previous 180 days'' after 
                ``dental records'';
                    (C) in subparagraph (B), by striking ``and'' at the 
                end;
                    (D) by redesignating subparagraph (C) as 
                subparagraph (D); and
                    (E) by inserting after subparagraph (B) the 
                following:
                    ``(C) 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''.
    (c) CAPTA Amendments.--
            (1) State plan amendments.--Section 106 of the Child Abuse 
        Prevention and Treatment Act (42 U.S.C. 5106a) is amended--
                    (A) in subsection (b)(2)(B)--
                            (i) in clause (xxii), by striking ``and'' 
                        at the end; and
                            (ii) by adding at the end the following:
                            ``(xxiv) 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
                            ``(xxv) 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
                    (B) in subsection (d), by adding at the end the 
                following:
            ``(17) The number of children determined to be victims 
        described in subsection (b)(2)(B)(xxiv).''.
            (2) Special rule.--
                    (A) In general.--Section 111 of the Child Abuse 
                Prevention and Treatment Act (42 U.S.C. 5106g) is 
                amended--
                            (i) by striking ``For purposes'' and 
                        inserting the following:
    ``(a) Definitions.--For purposes''; and
                            (ii) by adding at the end the following:
    ``(b) Special Rule.--
            ``(1) In general.--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.
            ``(2) State option.--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.''.
                    (B) Conforming amendment.--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''.
            (3) Technical correction.--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.''.

SEC. 3. REPORT TO CONGRESS ON LABOR TRAFFICKING IN CHILD WELFARE AND 
              BARRIERS TO DOCUMENTATION AND SERVICE PROVISION TO UNIQUE 
              VICTIM POPULATIONS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Health and Human Services, in coordination with the 
Attorney General, shall submit to the Congress a report detailing 
issues related to identifying, and providing services for, victims of 
labor trafficking, as defined in section 103(9)(B) of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7102(9)(B)), within the child 
welfare system. The report shall address the following:
            (1) Whether State law enforcement, child welfare, and other 
        relevant State agencies have identified a significant presence 
        of victims of labor trafficking within the child welfare 
        population.
            (2) With respect to any States that have identified a 
        significant presence of such victims--
                    (A) any numerical estimates of the prevalence of 
                such victims;
                    (B) a description of how such States provide 
                services for, or plan to provide services for, such 
                victims; and
                    (C) a description of the extent to which there are 
                service delivery issues, particularly with respect to 
                the extent to which the requirements associated with 
                existing sources of Federal funding for all victims of 
                trafficking, as defined in section 103(15) of the 
                Trafficking Victims Protection Act of 2000 (22 U.S.C. 
                7102(15)), prevents population-specific service 
                delivery within the child welfare system.

SEC. 4. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), the 
amendments made this Act shall take effect on the date that is 1 year 
after the date of the enactment of this Act (and in the case of the 
amendments made by section 2(a)(1), without regard to whether final 
regulations required under section 2(a)(2) 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 
this Act, 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 1st day of 
the 1st calendar quarter beginning after the close of the 1st 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.
                                 <all>