S. 3949 — what changed

“429A. Grants to States to enhance collaboration between State child welfare and juvenile justice systems

“(a) Purpose—The purpose of this section is to authorize the Secretary, in collaboration with the Attorney General and the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice—

“(1) to make grants to State child welfare and juvenile justice agencies and child- and youth-serving agencies to collaborate in the collection of data relating to dual status youth; and

“(2) to develop practices, policies, and protocols—

“(A) to confront the challenges presented and experienced by dual status youth; and

“(B) for the development of interoperable data systems.

changed “(b) Authority To to award grants

“(1) In general—Subject to the availability of appropriations, from amounts reserved under section 423(a)(2) for a fiscal year, the Secretary shall award competitive grants jointly to a State child welfare agency and a State juvenile justice agency to facilitate or enhance collaboration between the child welfare and juvenile justice systems of the State in order to carry out programs to address the needs of dual status youth and their families.

“(2) Length of grants

“(A) In general—Subject to subparagraph (B), a grant shall be awarded under this section for a period of not less than 2 fiscal years and not more than 5 fiscal years.

“(B) Extension of grant—Upon the application of the grantee, the Secretary may extend the period for which a grant is awarded under this section for not more than 2 fiscal years.

“(c) Additional requirements

“(1) Application—In order for a State to be eligible for a grant under this section, the State shall submit an application, subject to the approval of the Secretary, that includes—

“(A) a description of the proposed leadership collaboration group (including the membership of such group), and how such group will manage and oversee a review and analysis of current practices while working to jointly address enhanced practices to improve outcomes for dual status youth;

“(B) a description of how the State proposes—

“(i) to identify dual status youth;

“(ii) to identify individuals who are at risk of becoming dual status youth;

“(iii) to identify common characteristics shared by dual status youth in the State; and

“(iv) to determine the prevalence of dual status youth in the State;

“(C) a description of current and proposed practices and procedures that the State intends to use—

“(i) to screen and assess dual status youth for risks and treatment needs;

“(ii) to provide targeted and evidence-based services, including educational, behavioral health, and pro-social treatment interventions for dual status youth and their families; and

“(iii) to provide for a lawful process to enhance or ensure the abilities of the State and any relevant agencies to share information and data about dual status youth, while maintaining confidentiality and privacy protections under Federal and State law; and

“(D) a certification that the State has involved local governments, as appropriate, in the development, expansion, modification, operation, or improvement of proposed policy and practice reforms to address the needs of dual status youth.

“(2) No supplantation of other funds—Any amounts paid to a State under a grant under this section shall be used to supplement and not supplant other State expenditures on dual status youths or children involved with either the child welfare or juvenile justice systems.

“(3) Evaluation—Up to 10 percent of the amount made available to carry out this section for a fiscal year shall be made available to the Secretary to evaluate the effectiveness of the projects funded under this section, using a methodology that—

“(A) includes random assignment whenever feasible, or other research methods that allow for the strongest possible causal inferences when random assignment is not feasible; and

“(B) generates evidence on the impact of specific projects, or groups of projects with identical (or similar) practices and procedures.

“(4) Report—A State child welfare agency and a State juvenile justice agency receiving a grant under this section shall jointly submit to the Secretary, the Attorney General, and the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice, a report on the evaluation of the activities carried out under the grant at the end of each fiscal year during the period of the grant. Such report shall include—

“(A) a description of the scope and nature of the dual status youth population in the State, including the number of dual status youth;

“(B) a description of the evidence-based practices and procedures used by the agencies to carry out the activities described in clauses (i) through (iii) of paragraph (1)(C); and

“(C) an analysis of the effects of such practices and procedures, including information regarding—

“(i) the collection of data related to individual dual status youths;

“(ii) aggregate data related to the dual status youth population, including—

“(I) characteristics of dual status youths in the State;

“(II) case processing timelines; and

“(III) information related to case management, the provision of targeted services, and placements within the foster care or juvenile justice system; and

“(iii) the extent to which such practices and procedures have contributed to—

“(I) improved educational outcomes for dual status youths;

“(II) fewer delinquency referrals for dual status youths;

“(III) shorter stays in intensive restrictive placements for dual status youths; or

“(IV) such other outcomes for dual status youths as the State child welfare agency and State juvenile justice agency may identify.

“(d) Training and technical assistance—The Secretary may support State child welfare agencies and State juvenile justice agencies by offering a program, developed in consultation with organizations and agencies with subject matter expertise, of training and technical assistance to assist such agencies in developing programs and protocols that draw on best practices for serving dual status youth in order to facilitate or enhance—

“(1) collaboration between State child welfare agencies and State juvenile justice agencies; and

“(2) the effectiveness of such agencies with respect to working with Federal agencies and child welfare and juvenile justice agencies from other States.

“(e) Report—Not later than 3 years after the date of enactment of this section, and every 3 years thereafter, the Secretary, the Attorney General, and the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice shall jointly submit to the Committee on Finance and the Committee on the Judiciary of the Senate and the Committee on Ways and Means and the Committee on Education and Labor of the House of Representatives, a report on the grants provided under this section.

“(f) Definitions—In this section:

“(1) Dual status youth—The term dual status youth means a child who has come into contact with both the child welfare and juvenile justice systems and occupies various statuses in terms of the individual’s relationship to such systems.

“(2) Leadership collaboration group—The term leadership collaboration group means a group composed of senior officials from the State child welfare agency, the State juvenile justice agency, and other relevant youth and family-serving public agencies and private organizations, including, to the extent practicable, representatives from the State judiciary branch.

“(3) State juvenile justice agency—The term State juvenile justice agency means the agency of the State or Indian tribe responsible for administering grant funds awarded under the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11101 et seq.).

“(4) State child welfare agency—The term State child welfare agency means the State agency responsible for administering the program under this subpart, or, in the case of a tribal organization that is receiving payments under section 428, the tribal agency responsible for administering such program.”

“(1) In general—Subject to paragraph (2), the sum appropriated”

changed “(2) Grants to states to enhance collaboration between state child welfare and juvenile justice systems—For each fiscal year beginning with fiscal year 2022 2023 for which the amount appropriated under section 425 for the fiscal year exceeds $270,000,000—

“(A) the Secretary shall reserve from such excess amount such sums as are necessary for making grants under section 429A for such fiscal year; and

“(B) the remainder to be applied under paragraph (1) for purposes of making allotments to States for such fiscal year shall be determined after the Secretary first allots $70,000 to each State under such paragraph and reserves such sums under subparagraph (A) of this paragraph.”

added The Survivors of Human Trafficking Empowerment Act (section 115 of Public Law 114–22) is amended by striking subsection (h).

changed The Survivors Section 202(b) of Human the Trafficking Empowerment Victims Protection Reauthorization Act (section 115 of Public Law 114–22) 2005 (34 U.S.C. 20702(b)) is amended by striking subsection (h).adding at the end the following:

added “(5) Pilot demonstration program

added “(A) Establishment—The Assistant Attorney General, in consultation with the Assistant Secretary, shall establish a pilot demonstration program, through which community-based organizations in underserved communities, prioritizing rural communities, in the United States may apply for funding to develop, implement, and build replicable treatment models, based on the type of housing unit that the individual being treated lives in, with supportive services and innovative care, treatment, and services.

added “(B) Population to be served—The program established pursuant to subparagraph (A) shall primarily serve adolescents and youth who—

added “(i) are transitioning out of foster care;

added “(ii) struggle with substance use disorder;

added “(iii) are pregnant or parenting; or

added “(iv) have experienced foster care involvement or involvement in the child welfare system, child poverty, child abuse or neglect, human trafficking, juvenile justice involvement, gang involvement, or homelessness.

added “(C) Authorized activities—Funding provided under subparagraph (A) may be used for—

added “(i) providing residential care, including temporary or long-term placement as appropriate;

added “(ii) providing 24-hour emergency social services response;

added “(iii) providing clothing and other daily necessities needed to keep individuals from returning to living on the street;

added “(iv) case management services;

added “(v) mental health counseling, including specialized counseling and substance abuse treatment;

added “(vi) legal services;

added “(vii) specialized training for social service providers, public sector personnel, and private sector personnel likely to encounter sex trafficking and labor trafficking victims on issues related to the sex trafficking and labor trafficking of minors; and

added “(viii) outreach and education programs to provide information about deterrence and prevention of sex trafficking and labor trafficking of minors.

added “(D) Funding priority—The Assistant Attorney General shall give funding priority to community-based programs that provide crisis stabilization, emergency shelter, and addiction treatment for adolescents and transitional age residential programs that have reputable outcomes.”

removed The Federal Acquisition Regulation shall be revised to require, with respect to the clause required to be included in all solicitations and contracts under section 52.222–50 of such regulation, that a contractor of the Federal Government certify to the contracting officer annually after receiving an award that—

Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall—

It is the sense of Congress that—

changed Section 111(b)(1) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106g(b)(1)) is amended by striking “a victim of” and all that follows and inserting “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 or labor trafficking in accordance with severe forms of trafficking in persons, as such terms are defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).”.human trafficking.”.

It is the sense of Congress that—

It is the sense of Congress that—

Section 113 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7110) is amended—

removed “(E) to fund programs to end modern slavery, in an amount not to exceed $37,500,000 for each of the fiscal years 2022 through 2027.”

changed Section 11 There is authorized to be appropriated $20,000,000, for each of the International Megan’s Law fiscal years 2023 through 2028, to Prevent Child Exploitation the Commissioner of U.S. Customs and Other Sexual Crimes Through Advanced Notification Border Protection to strengthen the enforcement of Traveling Sex Offenders (34 section 307 of the Tariff Act of 1930 (19 U.S.C. 21509) is amended by striking “2018 through 2021” and inserting “2022 through 2027”.1307).