Library / Laws / 113th / hr / H.R. 5081 / Introduced in House
I
113th CONGRESS
2d Session
H. R. 5081
IN THE HOUSE OF REPRESENTATIVES
July 11, 2014
Ms. Bass (for herself, Mr. Kline, Mr. Marino, Mr. McDermott, Mrs. Bachmann, and Ms. Slaughter) introduced the following bill; which was referred to the Committee on Education and the Workforce
A BILL
To amend the Child Abuse Prevention and Treatment Act to enable State child protective services
systems to improve the identification and assessment of child victims of
sex trafficking, and for other purposes.
1.
Short title
This Act may be cited as the Strengthening Child Welfare Response to Trafficking Act of 2014.
2.
CAPTA Amendments
Section 106 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a) is amended—
(1) in subsection (b)—
(A) in paragraph (2)(B)—
(i) by striking and at the end of clause (xxii); and
(ii) by adding at the end the following:
(xxiv) provisions and procedures to identify and assess reports involving children who are sex trafficking
victims, and which may include provisions and procedures to identify and
assess reports involving children who are victims of severe forms of
trafficking in persons described in section of 103(9)(B) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)(B));
(xxv) provisions and procedures for training representatives of the State child protective services
systems about identifying and assessing children who are sex trafficking
victims, and which may include provisions and procedures for such training
with respect to children who are victims of severe forms of trafficking in
persons described in section of 103(9)(B) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102(9)(B)); and
(xxvi) provisions and procedures for identifying services (including the services provided by State law
enforcement officials, the State juvenile justice system, and social
service agencies, such as runaway and homeless youth shelters) and
procedures for appropriate referral to address the needs of children who
are sex trafficking victims, and which may include provisions and
procedures for the identification of such services and procedures with
respect to children who are victims of severe forms of trafficking in
persons described in section of 103(9)(B) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102(9)(B));
;
(B) in paragraph (2)(D)—
(i) by striking and at the end of clause (v);
(ii) by inserting and at the end of clause (vi); and
(iii) by adding at the end the following:
(vii) the provisions and procedures described in clauses (xxiv) and (xxvi) of subparagraph (B);
; and
(C) in paragraph (4)—
(i) by striking and at the end of subparagraph (A);
(ii) by striking the period at the end of subparagraph (B) and inserting ; and; and
(iii) by adding at the end the following:
(C)
Sex trafficking victim
The term sex trafficking victim means a victim of—
(i) sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7102(10))); or
(ii) a severe form of trafficking in persons described in section 103(9)(A) of such Act (22 U.S.C.
7102(9)(A)).
; and
(2) in subsection (d), by adding at the end the following:
(17) The number of children identified under clause (xxiv) of subsection (b)(2)(B), and of such
children—
(A) the number identified as sex trafficking victims (as defined in subsection (b)(4)(C)); and
(B) in the case of a State that has provisions and procedures to identify children who are victims of
severe forms of trafficking in persons described in section 103(9)(B) of
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)(B)), the
number so identified.
.
3.
Report to Congress
(a)
Report
Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and
Human Services shall submit to the Committee on Education and the
Workforce of the House of Representatives and the Committee on Health,
Education, Labor, and Pension of the Senate, a report that—
(1) describes the specific type and prevalence of severe form of trafficking in persons to which
children who are identified for services or intervention under the
placement, care, or supervision of State, Indian tribe, or tribal
organization child welfare agencies have been subjected as of the date of
enactment of this Act;
(2) summarizes the practices and protocols utilized by States to identify and serve—
(A) under section 106(b)(2)(B) of the Child Abuse Prevention and Treatment Act (42 U.S.C.
5106a(b)(2)(B)), children who are victims of trafficking; and
(B) children who are at risk of becoming victims of trafficking; and
(3) specifies any barriers in Federal laws or regulations that may prevent identification and
assessment of children who are victims of trafficking, including an
evaluation of the extent to which States are able to address the needs of
such trafficked children without altering the definition of child abuse
and neglect under section 3 of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5101 note).
(b)
Definitions
For purposes of this section:
(1)
Severe form of trafficking in persons
The term severe form of trafficking in persons has the meaning given the term in section 103(9) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7102(9)).
(2)
Victim of trafficking
The term victim of trafficking has the meaning given the term in section 103(15) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102(15)).