S. 1878 — Introduced in Senate

II 113th CONGRESS 1st Session S. 1878 IN THE SENATE OF THE UNITED STATES December 19, 2013Mr. Baucus (for himself, Mr. Hatch, Mr. Wyden, Mr. Rockefeller, Mr. Grassley, Mr. Brown, and Mr. Casey) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL 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. 1. Short title (a) Short title This Act may be cited as the Protecting Youth At-Risk for Sex Trafficking Act. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title.TITLE I—Addressing the risks that make youth vulnerable to sex trafficking and other negative outcomesSec. 101. Identifying and screening youth at risk of sex trafficking.Sec. 102. Improvements to another planned permanent living arrangement as a permanency option.TITLE II—Empowering older youth vulnerable to domestic sex trafficking and other negative outcomesSec. 201. Empowering foster youth age 14 and older in the development of their own case plan and transition planning for a successful adulthood.Sec. 202. Ensuring foster youth have a birth certificate, Social Security card, driver's license or equivalent State-issued identification card, and a bank account.TITLE III—Data and ReportsSec. 301. Streamline data collection and reporting on sex trafficking.Sec. 302. Recommendations to Congress for expanding housing for youth victims of trafficking.TITLE IV—National Advisory Committee on Domestic Sex TraffickingSec. 401. National Advisory Committee on Domestic Sex Trafficking.TITLE V—Budgetary EffectsSec. 501. Determination of budgetary effects. I Addressing the risks that make youth vulnerable to sex trafficking and other negative outcomes 101. Identifying and screening youth at risk of sex trafficking Section 471(a)(9) of the Social Security Act (42 U.S.C. 671(a)(9)) is amended— (1) in subparagraph (A), by striking and; (2) in subparagraph (B), by inserting and after the semicolon; and (3) by adding at the end the following: (C) not later than— (i) 1 year after the date of enactment of the Protecting Youth At-Risk for Sex Trafficking Act, demonstrate to the Secretary that it has developed, in consultation with the child protective services agency or unit for the State, policies and procedures for identifying and screening, and to determine appropriate State action and services, any child who the State has reasonable cause to believe is a victim of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(10))) or a severe form of trafficking in persons described in paragraph (9)(A) of that Act (22 U.S.C. 7102(9)(A)) or is at risk of being a victim of either kind of trafficking (including at the option of the State, any individual who has not attained age 26 without regard to whether that individual is or was in foster care under the responsibility of the State); and (ii) 2 years after the date of enactment of the Protecting Youth At-Risk for Sex Trafficking Act, demonstrate to the Secretary that it is implementing, in consultation with the child protective services agency or unit for the State, the policies and procedures developed under clause (i). . 102. Improvements to another planned permanent living arrangement as a permanency option (a) Elimination of the option for children under age 16 (1) In general Section 475(5)(C) of the Social Security Act (42 U.S.C. 675(5)(C)) is amended by inserting only in the case of a child who has attained age 16 before (in cases where the State agency has documented. (2) Conforming amendment Section 422(b)(8)(A)(iii)(II) of such Act (42 U.S.C. 622(b)(8)(A)(iii)(II)) is amended by inserting , subject to the requirements of paragraphs (5)(C) and (10) of section 475 after arrangement. (b) Additional requirements (1) In general Part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.) is amended by inserting after section 475 the following new section: 475A. Additional case plan and case review system requirements (a) Requirements for another planned permanent living arrangement In the case of any child for whom another planned permanent living arrangement is the permanency plan for the child, the following requirements shall apply for purposes of approving the case plan for the child and the case system review procedure for the child: (1) Documentation of intensive, ongoing, unsuccessful efforts for family placement At each permanency hearing held with respect to the child, the State agency documents the intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts made by the State agency to return the child home, place the child with a fit and willing relative, place the child with a legal guardian, or place the child for adoption, including through efforts that utilize search technology to find biological family members for children in the child welfare system. (2) Redetermination of appropriateness of placement at each permanency hearing At each permanency hearing held with respect to the child, the court or administrative body appointed or approved by the court conducting the hearing on the permanency plan for the child shall do the following: (A) Ask the child if the child wants to be adopted. (B) Make a judicial determination of a compelling reason with respect to each of the following options for why it continues to be not in the best interests of the child to— (i) return home; (ii) be placed with a fit and willing relative; (iii) be placed with a legal guardian; or (iv) be placed for adoption. (C) Identify the barriers to permanency plans other than another planned permanent living arrangement for the child. (D) Make a new determination that another planned permanent living arrangement is the appropriate permanency plan for this child and submit findings as to why, as of the date of the hearing, another planned permanent living arrangement is the best permanency plan for the child. (E) Require the State agency to document at the next permanency hearing held with respect to the child the intensive, ongoing, efforts made by the State agency to address such barriers and allow a different permanency plan for the child. (3) Demonstration of support for engaging in age or developmentally appropriate activities and social events The State agency shall appear before the court or administrative body appointed or approved by the court and demonstrate, not less frequently than every 6 months while the child is placed in another planned permanent living arrangement— (A) the steps the State agency is taking, including with respect to reducing barriers such as paper work or other documentation, to ensure the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including social events; and (B) that an individual, other than a caseworker, is the caregiver for the child for purposes of the reasonable and prudent parent standard (as defined in section 475(9)), including with respect to authority for signing permission slips and giving informal permission for the child to participate in age or developmentally appropriate activities, including social events. . (2) Conforming amendments (A) State plan requirements (i) Part B Section 422(b)(8)(A)(ii) of the Social Security Act (42 U.S.C. 622(b)(8)(A)(ii)) is amended by inserting in accordance with the requirements of section 475A after section 475(5)). (ii) Part E Section 471(a)(16) of the Social Security Act (42 U.S.C. 671(a)(16)) is amended— (I) by inserting and in accordance with the requirements of section 475A after section 475(1); and (II) by striking section 475(5)(B) and inserting sections 475(5) and 475A. (B) Definitions Section 475 of the Social Security Act (42 U.S.C. 675) is amended— (i) in paragraph (1), in the matter preceding subparagraph (A), by inserting meets the requirements of section 475A and after written document which; (ii) in paragraph (5)(C), as amended by subsection (a)(1)— (I) by inserting , as of the date of the hearing, after compelling reason for determining; and (II) by inserting subject to the requirements of section 475A(a), after another planned permanent living arrangement,; and (iii) by adding at the end the following: (9) (A) The term reasonable and prudent parent standard means the standard characterized by careful and sensible parental decisions that maintain a child's health, safety, and best interests while at the same time encouraging the child's emotional and developmental growth, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the State to participate in extracurricular, enrichment, and social activities. (B) For purposes of subparagraph (A), the term caregiver means a foster parent with whom a child in foster care has been placed or a designated official for a child care institution in which a child in foster care has been placed. (10) (A) (i) The term age or developmentally appropriate means activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child, based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group. (ii) In the event that any age related activities have implications relative to a child or youth’s academic curriculum, nothing in this part or part B shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic achievement standards and assessments, curriculum, or program of instruction. (B) In the case of a specific child, the term means activities or items that are suitable for that child based on the developmental stages attained by the child with respect to the child's cognitive, emotional, physical, and behavioral capacities. . (c) Collected child support directed to the youth (1) Foster youth in another planned permanent living arrangement Section 457(e)(1) of the Social Security Act (42 U.S.C. 657(e)(1)) is amended by inserting unless the permanency plan for the child is another planned permanent living arrangement, in which case the amounts collected (without any reimbursement to the Federal Government) shall be deposited by the State agency responsible for supervising the child's placement in an account established for the benefit of the child and only used for payment of fees or other costs attributable to the child's participation in age or developmentally appropriate activities (until the child attains 18 years of age or such higher age as the State has elected under section 475(8)(B)(iii) at which time any funds in the account shall be paid to the child) before the semicolon. (2) Former foster youth who have aged out of foster care Section 457 of the Social Security Act (42 U.S.C. 657) is amended— (A) in subsection (a), in the matter preceding paragraph (1), by striking (d) and (e) and inserting (d), (e), and (f); and (B) by adding at the end the following new subsection: (f) Youth age 18 or older in foster care Notwithstanding the preceding provisions of this section, amounts collected by a State as child support for months in any period on behalf of a child who is in foster care under the responsibility of the State on the date the child attains 18 years of age or such higher age as the State has elected under section 475(8)(B)(iii) shall be paid to the child (without any reimbursement to the Federal Government). . (3) State plan amendment Section 454(11) of the Social Security Act (42 U.S.C. 654(11)) is amended— (A) in subparagraph (A), by striking and after the semicolon; (B) in subparagraph (B), by adding and after the semicolon; and (C) by inserting after subparagraph (B), the following: (C) provide a description of the procedures the State has in effect to comply with the requirements under section 457(e)(1) regarding funds collected on behalf of a child in another planned permanent living arrangement and with the requirements under section 457(f) regarding payment of amounts collected on behalf of a child who is in foster care under the responsibility of the State on the date the child attains 18 years of age or such higher age as the State has elected under section 475(8)(B)(iii); . (d) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by this section shall take effect on the date that is 1 year after the date of enactment of this Act. (2) Delay of child support amendment permitted if state legislation required In the case of a State plan approved under section 454 of the Social Security Act which requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by subsection (c), the State plan shall not be regarded as failing to comply with the additional requirements solely on the basis of the failure of the plan to meet the 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 begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. II Empowering older youth vulnerable to domestic sex trafficking and other negative outcomes 201. Empowering foster youth age 14 and older in the development of their own case plan and transition planning for a successful adulthood (a) In general Section 475(1)(B) of the Social Security Act (42 U.S.C. 675(1)(B)) is amended by adding at the end the following: With respect to a child who has attained age 14, the plan developed under this paragraph for the child, the permanency plan required for the child under paragraph (5)(C), and any revisions or additions to such plans, shall be developed in consultation with the child and, at the option of the child, with up to 2 members of the case planning team who are chosen by the child and who are not the child's foster parent or caseworker. A State may reject an individual selected by a child to be a member of the case planning team at any time if the State has good cause to believe that the individual would not act in the best interests of the child. One individual selected by a child to be a member of the child's case planning team may be designated to be the child's advisor and, as necessary, advocate, with respect to the application of the reasonable and prudent parent standard to the child.. (b) Conforming amendments To include youth 14 and older in transition planning Section 475 of such Act (42 U.S.C. 675) is amended— (1) in paragraph (1)(D), by striking Where appropriate, for a child age 16 and inserting For a child age 14; and (2) in paragraph (5)— (A) in subparagraph (C)— (i) by striking 16 and inserting 14; and (ii) by striking independent living and inserting a successful adulthood and that the permanency plan for the child is developed in accordance with the requirements specified in paragraph (1)(B); and (B) in subparagraph (I), by striking 16 and inserting 14. (c) Transition planning for a successful adulthood Paragraphs (1)(D) and (5)(C)(iii) of section 475 of such Act (42 U.S.C. 675) are each amended by striking independent living and inserting a successful adulthood. (d) List of rights Section 475A of the Social Security Act, as added by section 102(b)(1), is amended by adding at the end the following new subsection: (b) List of rights The case plan for any child in foster care under the responsibility of the State or with respect to whom adoption or kinship guardianship, assistance is made available under this part, who has attained age 14 shall include an age or developmentally appropriate written document that describes the child's rights with respect to education, health, visitation, and court participation, and to staying safe and avoiding exploitation and a signed acknowledgment by the child that the child has been provided them with a written copy of such document. . (e) Report Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a report to Congress regarding the implementation of the amendments made by this section. The report shall include— (1) an analysis of how States are administering the requirement of section 475(1)(B) of the Social Security Act, as amended by subsection (a) of this Act, to permit a child in foster care who has attained age 14 to select up to 2 members of the child's case planning team from individuals who are not the child's foster parent or caseworker for the development of the plan for the child under paragraph (1)(B) of section 475 of such Act, the permanency plan required for the child under paragraph (5)(C) of section 475 of such Act, and for any revisions or additions to such plans; and (2) a description of best practices of States with respect to the administration of the requirement. 202. Ensuring foster youth have a birth certificate, Social Security card, driver's license or equivalent State-issued identification card, and a bank account (a) Case review system requirement Section 475(5)(I) of the Social Security Act (42 U.S.C. 675(5)(I)) is amended— (1) by striking and receives assistance and inserting receives assistance; and (2) by inserting before the period, the following: and is not discharged from care without being provided with an official birth certificate, a social security card issued by the Commissioner of Social Security, a driver's license or identification card issued by a State in accordance with the requirements of section 202 of the REAL ID Act of 2005, and a fee-free (or low-fee) transaction account (as defined in section 19(b)(1)(C) of the Federal Reserve Act (12 U.S.C. 461(b)(1)(C))) established in the child's name at an insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) or an insured credit union (as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752)), unless the child, after consultation with the child's selected members of the child's case planning team (if any), elects not to have such an account established. (b) Penalty for noncompliance Section 474 of the Social Security Act (42 U.S.C. 674) is amended by adding at the end the following: (h) Reduced federal matching percentage for administration for failure To ensure foster youth have a birth certificate, social security card, picture ID, and a bank account If the Secretary finds with respect to a fiscal year quarter that a State has failed to comply with the requirement under section 475(5)(I) to provide each child in foster care under the responsibility of the State with an official birth certificate, a social security card issued by the Commissioner of Social Security, a driver's license or identification card issued by a State in accordance with the requirements of section 202 of the REAL ID Act of 2005, and a fee-free (or low-fee) transaction account (as defined in section 19(b)(1)(C) of the Federal Reserve Act (12 U.S.C. 461(b)(1)(C))) established in the child's name at an insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) or an insured credit union (as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752)) before the child is discharged from such care, (unless the child elects, after consultation with the child's selected members of the child's case planning team (if any), not to have such an account established) then, notwithstanding subsection (a) of this section and any regulations promulgated under section 1123A(b)(3), the Secretary shall reduce the Federal matching percentage for expenditures described in subsection (a)(3)(E) for the succeeding fiscal year quarter by 1 percentage point for every multiple of 10 children for whom the Secretary determines the State failed to comply with such requirements (but not to exceed 25 percentage points). . (c) Effective date (1) In general Subject to paragraph (2), the amendments made by this section take effect on October 1, 2015. (2) Extension for State law amendment In the case of a State plan approved under part B or 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 the amendments made by this section, 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 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. III Data and Reports 301. Streamline data collection and reporting on sex trafficking (a) State plan requirements (1) In general 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 (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— (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 to the National Center for Missing and Exploited Children; 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) 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. . (2) Effective date (A) In general 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. (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 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. (b) Inclusion of data in AFCARS (1) In general Section 479(c)(3) of the Social Security Act (42 U.S.C. 679(c)(3)) is amended— (A) in subparagraph (C)(iii), by striking and after the semicolon; and (B) by adding at the end the following: (E) 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 . (2) Reports to congress (A) Initial report 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— (i) 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 (ii) 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. (B) Annual reports Section 479A of the Social Security Act (42 U.S.C. 679b) is amended— (i) in paragraph (5), by striking and after the semicolon; (ii) in paragraph (6)(C), by striking the period at the end and inserting ; and; and (iii) by adding at the end the following: (7) 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. . 302. Recommendations to Congress for expanding housing for youth victims of trafficking Part A of title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by inserting after section 1123A, the following: 1123B. Recommendations to Congress for expanding housing for youth victims of trafficking (a) In general Not later than 1 year after the enactment of this section, the head of each Federal agency specified in subsection (c) shall submit a report to Congress that contains recommendations for administrative or legislative changes necessary to use programs, properties, or other resources owned, operated, or funded by the Federal Government to provide safe housing for youth who are victims of trafficking and to provide support to entities that provide housing or other assistance to such victims. (b) Content The reports required by subsection (a) shall include with respect to programs, properties, or other resources owned, operated, or funded by each Federal agency specified in subsection (c), information regarding— (1) the availability and suitability of existing Federal, State, and local housing resources that are appropriate for housing youth victims of trafficking or for providing support to entities that provide housing or other assistance to such victims, including in rural and isolated locations; and (2) the feasibility of establishing or supporting public-private partnerships to provide housing for such victims or support to entities that provide housing or other assistance to such victims. (c) Agencies subject to reporting requirement The Federal agencies specified in this subsection are the following: (1) The Department of Defense. (2) The Department of Health and Human Services. (3) The Department of Homeland Security. (4) The Department of Housing and Urban Development. (5) The Department of Justice. (d) Victims of trafficking defined In this section, the term victims of trafficking has the meaning given that term in section 103(15) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(15)). . IV National Advisory Committee on Domestic Sex Trafficking 401. National Advisory Committee on Domestic Sex Trafficking Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by inserting after section 1114 the following new section: 1114A. National Advisory Committee on Domestic Sex Trafficking (a) Official designation This section relates to the National Advisory Committee on Domestic Sex Trafficking (in this section referred to as the Committee). (b) Authority Not later than 180 days after the date of enactment of this section, the Secretary shall establish and appoint all members of the Committee. (c) Membership (1) Composition The Committee shall be composed of not more than 21 members whose diverse experience and background enable them to provide balanced points of view with regard to carrying out the duties of the Committee. The Committee shall not be composed solely of Federal officers or employees. (2) Selection The Secretary, in consultation with the Attorney General, shall appoint members to the Committee. (3) Period of appointment; vacancies Members shall be appointed for the life of the Committee. A vacancy in the Committee shall be filled in the manner in which the original appointment was made and shall not affect the powers or duties of the Committee. (4) Compensation Committee members, with the exception of reimbursement of official travel expenses and per diem for official travel, shall serve without compensation. (d) Duties (1) National response The Committee shall advise the Secretary and the Attorney General on practical and general policies concerning improvements to the Nation's response to domestic sex trafficking of minors from the child welfare system and the commercial sexual exploitation of children. (2) Cooperation policies The Committee shall advise the Secretary and the Attorney General on practical and general policies concerning the cooperation of Federal, State, local, and tribal governments, child welfare agencies, social service providers, physical health and mental health providers, victim service providers, State or local courts with responsibility for conducting or supervising proceedings relating to child welfare or social services for children and their families, Federal, State, and local police, juvenile detention centers and runaway and homeless youth programs, schools, and businesses and organizations that provide services to youth, on responding to domestic sex trafficking of minors and the commercial sexual exploitation of children, including the development and implementation of— (A) successful interventions with children and teens who are exposed to conditions that make them vulnerable to, or victims of, domestic sex trafficking and commercial sexual exploitation; (B) policies that reflect an understanding that safety and well-being of children and teens can be compromised by the sexualization of children, the commodification of children, and a lack of normalcy characterized by isolation, disconnection from positive, appropriate, and healthy relationships with peers and adults, and an inability to engage in age appropriate activities; and (C) the relationship between children and teens who are trafficked and the overall coarsening and desensitization of society to violence that puts the public safety of communities across the Nation at risk. (3) Definition of commercial sexual exploitation of children The Committee shall recommend a comprehensive definition of what constitutes the commercial sexual exploitation of children. (4) Best practices for States (A) In general The Committee shall develop 2 tiers (referred to in this subparagraph as Tier I and Tier II) of recommended best practices for States to follow in combating the domestic sex trafficking of minors and the commercial sexual exploitation of children. Tier I shall provide States that have not yet addressed domestic sex trafficking of minors and the commercial sexual exploitation of children with an idea of where to begin and what steps to take. Tier II shall provide States that are already working to address domestic sex trafficking of minors and the commercial sexual exploitation of children with examples of policies that are already being used effectively by other States to address trafficking issues. (B) Development The best practices shall be based on multidisciplinary research and promising, evidence-based models and programs. (C) Content The best practices shall be user-friendly, incorporate the most up-to-date technology, and include the following: (i) Sample training materials, protocols, and screening tools to prepare child welfare personnel to identify and serve youth who are at-risk or are victims of domestic sex trafficking or commercial sexual exploitation. (ii) Multidisciplinary strategies to identify victims, manage cases, and improve services to meet the unique needs of this youth population. (iii) Sample protocols and recommendations for effective, cross-system collaboration between Federal, State, local, and tribal governments, child welfare agencies, social service providers, physical health and mental health providers, victim service providers, State or local courts with responsibility for conducting or supervising proceedings relating to child welfare or social services for children and their families, Federal, State, and local police, juvenile detention centers and runaway and homeless youth programs, schools, and businesses and organizations that provide services to youth. These protocols and recommendations should include strategies to identify victims and collect, document, and share data across systems and agencies, and should be designed to help agencies better understand the type of trafficking or commercial sexual exploitation involved, the scope of the problem, the needs of the population to be served, ways to address the demand for trafficked children and youth and increase prosecutions of traffickers and purchasers of children and youth, and the degree of victim interaction with multiple systems. (iv) A list of recommendations to establish safe residential placements for foster youth who have been trafficked (as defined by the Committee) as well as training guidelines for caregivers that serve children and youth being cared for outside the home. (e) Reports (1) In general The Committee shall submit an interim and a final report on the work of the Committee to— (A) the Secretary; (B) the Attorney General; (C) the Committee on Finance of the Senate; and (D) the Committee on Ways and Means of the House of Representatives. (2) Reporting dates The interim report shall be submitted not later than 1 year after the establishment of the Committee. The final report shall be submitted not later than 2 years after the establishment of the Committee unless the Secretary establishes an extension period for the Committee, in which case the final report shall be submitted not later than the last day of such period. (f) Administration (1) Agency support The Secretary shall direct the head of the Administration on Children, Youth and Families of the Department of Health and Human Services to provide all necessary support for the Committee. (2) Meetings (A) In general The Committee will meet at the call of the Secretary at least twice a year to carry out the duties identified in this section, and more often as otherwise required. (B) Procedures The Secretary shall call all of the Committee meetings, prepare and approve all meeting agendas, attend all Committee meetings, adjourn any meeting when the Secretary determines adjournment to be in the public interest, and shall chair meetings when directed to do so by an official or entity to whom the Committee reports. (3) Subcommittees The Committee shall be authorized to establish subcommittees or working groups, as necessary and consistent with the mission of the Committee, and any such subcommittees or working groups shall operate under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C. App.), the Sunshine in Government Act of 1976 (5 U.S.C. 552b), and other appropriate Federal regulations. Such subcommittees or working groups shall have no authority to make decisions on behalf of the Committee, nor shall they report directly to any official or entity listed in subsection (d). (4) Recordkeeping The records of the Committee and any subcommittees and working groups shall be maintained in accordance with appropriate Department of Health and Human Services policies and procedures and shall be available for public inspection and copying, subject to the Freedom of Information Act (5 U.S.C. 552). (g) Funding (1) In general From the unobligated balance of funds made available to carry out section 414 of the Social Security Act (42 U.S.C. 614), $400,000 of such funds are hereby transferred and made available to carry out this section. Amounts transferred and made available to carry out this section shall remain available for expenditure until the date on which the Committee terminates and shall not be subject to reduction under a sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.). (2) Unobligated amounts Any amounts made available to carry out this section that are unobligated on the date on which the Committee terminates shall be returned to the Treasury of the United States. (h) Termination The Committee shall terminate 2 years after the date of establishment unless the Secretary determines that more time is necessary to allow the Committee to complete its duties, in which case the Committee shall terminate at the end of an extension period established by the Secretary (not to exceed 24 months). . V Budgetary Effects 501. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.