US Codex
Pub. L.
Notes

Title I — Protecting Children and Youth at Risk of Sex Trafficking

113th Congress · Approved Sep 29, 2014 · 128 Stat. 1919 · Lineage

TITLE I Protecting Children and Youth at Risk of Sex Trafficking

Subtitle A Identifying and Protecting Children and Youth at Risk of Sex Trafficking

SEC. 101. Identifying, Documenting, and Determining Services for Children and Youth at Risk of Sex Trafficking.

(a)
In General.— Section 471(a)(9) (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 this subparagraph, demonstrate to the Secretary that the State agency has developed, in consultation with State and local law enforcement, juvenile justice systems, health care providers, education agencies, and organizations with experience in dealing with at-risk children and youth, policies and procedures (including relevant training for caseworkers) for identifying, documenting in agency records, and determining appropriate services with respect to—

“(I) any child or youth over whom the State agency has responsibility for placement, care, or supervision and who the State has reasonable cause to believe is, or is at risk of being, a sex trafficking victim (including children for whom a State child welfare agency has an open case file but who have not been removed from the home, children who have run away from foster care and who have not attained 18 years of age or such older age as the State has elected under section 475(8) of this Act, and youth who are not in foster care but are receiving services under section 477 of this Act); and

“(II) at the option of the State, any individual who has not attained 26 years of age, without regard to whether the individual is or was in foster care under the responsibility of the State; and

“(ii) 2 years after such date of enactment, demonstrate to the Secretary that the State agency is implementing the policies and procedures referred to in clause (i).”

(b)
Definition of Sex Trafficking Victim.— Section 475 (42 U.S.C. 675) is amended by adding at the end the following:

“(9) The term ‘sex trafficking victim’ means a victim of—

“(A) sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000); or

“(B) a severe form of trafficking in persons described in section 103(9)(A) of such Act.”

SEC. 102. Reporting Instances of Sex Trafficking.

(a)
State Plan Requirements.— Section 471(a) (42 U.S.C. 671(a)) is amended—
(1)
by striking “ and” at the end of paragraph (32);
(2)
by striking the period at the end of paragraph (33) and inserting a semicolon; and
(3)
by adding at the end the following:

“(34) provides that, for each child or youth described in paragraph (9)(C)(i)(I), the State agency shall—

“(A) not later than 2 years after the date of the enactment of this paragraph, report immediately, and in no case later than 24 hours after receiving information on children or youth who have been identified as being a sex trafficking victim, to the law enforcement authorities; and

“(B) not later than 3 years after such date of enactment and annually thereafter, report to the Secretary the total number of children and youth who are sex trafficking victims.”

(b)
Duties of the Secretary.— Section 471 (42 U.S.C. 671) is amended by adding at the end the following:

“(d) Annual Reports by the Secretary on Number of Children and Youth Reported by States To Be Sex Trafficking Victims.—Not later than 4 years after the date of the enactment of this subsection and annually thereafter, the Secretary shall report to the Congress and make available to the public on the Internet website of the Department of Health and Human Services the number of children and youth reported in accordance with subsection (a)(34)(B) of this section to be sex trafficking victims (as defined in section 475(9)(A)).”

SEC. 103. Including Sex Trafficking Data in the Adoption and Foster Care Analysis and Reporting System.

Section 479(c)(3) (42 U.S.C. 679(c)(3)) is amended—
(1)
in subparagraph (C)(iii), by striking “ and” after the comma; and
(2)
by adding at the end the following:

“(E) the annual number of children in foster care who are identified as sex trafficking victims—

“(i) who were such victims before entering foster care; and

“(ii) who were such victims while in foster care; and”

SEC. 104. Locating and Responding to Children Who Run Away from Foster Care.

Section 471(a) (42 U.S.C. 671(a)), as amended by section 102(a) of this Act, is amended—
(1)
by striking the period at the end of paragraph (34) and inserting “ ; and”; and
(2)
by adding at the end the following:

“(35) provides that—

“(A) not later than 1 year after the date of the enactment of this paragraph, the State shall develop and implement specific protocols for—

“(i) expeditiously locating any child missing from foster care;

“(ii) determining the primary factors that contributed to the child’s running away or otherwise being absent from care, and to the extent possible and appropriate, responding to those factors in current and subsequent placements;

“(iii) determining the child’s experiences while absent from care, including screening the child to determine if the child is a possible sex trafficking victim (as defined in section 475(9)(A)); and

“(iv) reporting such related information as required by the Secretary; and

“(B) not later than 2 years after such date of enactment, for each child and youth described in paragraph (9)(C)(i)(I) of this subsection, the State agency shall report immediately, and in no case later than 24 hours after receiving, information on missing or abducted children or youth 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.”

SEC. 105. Increasing Information on Children in Foster Care to Prevent Sex Trafficking.

Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the Congress a written report which summarizes the following:
(1)
Information on children who run away from foster care and their risk of becoming sex trafficking victims, using data reported by States under section 479 of the Social Security Act and information collected by States related to section 471(a)(35) of such Act, including—
(A)
characteristics of children who run away from foster care;
(B)
potential factors associated with children running away from foster care (such as reason for entry into care, length of stay in care, type of placement, and other factors that contributed to the child’s running away);
(C)
information on children’s experiences while absent from care; and
(D)
trends in the number of children reported as runaways in each fiscal year (including factors that may have contributed to changes in such trends).
(2)
Information on State efforts to provide specialized services, foster family homes, child care institutions, or other forms of placement for children who are sex trafficking victims.
(3)
Information on State efforts to ensure children in foster care form and maintain long-lasting connections to caring adults, even when a child in foster care must move to another foster family home or when the child is placed under the supervision of a new caseworker.

Subtitle B Improving Opportunities for Children in Foster Care and Supporting Permanency

SEC. 111. Supporting Normalcy for Children in Foster Care.

(a)
Reasonable and Prudent Parent Standard.—
(1)
Definitions relating to the standard.— Section 475 (42 U.S.C. 675), as amended by section 101(b) of this Act, is amended by adding at the end the following:

“(10)

(A) The term ‘reasonable and prudent parent standard’ means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child, 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, cultural, 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.

“(11)

(A) The term ‘age or developmentally-appropriate’ means—

“(i) 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; and

“(ii) in the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child.

“(B) In the event that any age-related activities have implications relative to the academic curriculum of a child, 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 or local educational agency, or the specific instructional content, academic achievement standards and assessments, curriculum, or program of instruction of a school.”

(2)
State plan requirement.— Section 471(a)(24) (42 U.S.C. 671(a)(24)) is amended—
(A)
by striking “ include” and inserting “ includes”;
(B)
by striking “ and that such preparation” and inserting “ that the preparation”; and
(C)
by inserting “ , and that the preparation shall include knowledge and skills relating to the reasonable and prudent parent standard for the participation of the child in age or developmentally-appropriate activities, including knowledge and skills relating to the developmental stages of the cognitive, emotional, physical, and behavioral capacities of a child, and knowledge and skills relating to applying the standard to decisions such as whether to allow the child to engage in social, extracurricular, enrichment, cultural, and social activities, including sports, field trips, and overnight activities lasting 1 or more days, and to decisions involving the signing of permission slips and arranging of transportation for the child to and from extracurricular, enrichment, and social activities” before the semicolon.
(3)
Technical assistance.— The Secretary of Health and Human Services shall provide assistance to the States on best practices for devising strategies to assist foster parents in applying a reasonable and prudent parent standard in a manner that protects child safety, while also allowing children to experience normal and beneficial activities, including methods for appropriately considering the concerns of the biological parents of a child in decisions related to participation of the child in activities (with the understanding that those concerns should not necessarily determine the participation of the child in any activity).
(b)
Normalcy for Children in Child Care Institutions.— Section 471(a)(10) (42 U.S.C. 671(a)(10)) is amended to read as follows:

“(10) provides—

“(A) for the establishment or designation of a State authority or authorities that shall be responsible for establishing and maintaining standards for foster family homes and child care institutions which are reasonably in accord with recommended standards of national organizations concerned with standards for the institutions or homes, including standards related to admission policies, safety, sanitation, and protection of civil rights, and which shall permit use of the reasonable and prudent parenting standard;

“(B) that the standards established pursuant to subparagraph (A) shall be applied by the State to any foster family home or child care institution receiving funds under this part or part B and shall require, as a condition of each contract entered into by a child care institution to provide foster care, the presence on-site of at least 1 official who, with respect to any child placed at the child care institution, is designated to be the caregiver who is authorized to apply the reasonable and prudent parent standard to decisions involving the participation of the child in age or developmentally-appropriate activities, and who is provided with training in how to use and apply the reasonable and prudent parent standard in the same manner as prospective foster parents are provided the training pursuant to paragraph (24);

“(C) that the standards established pursuant to subparagraph (A) shall include policies related to the liability of foster parents and private entities under contract by the State involving the application of the reasonable and prudent parent standard, to ensure appropriate liability for caregivers when a child participates in an approved activity and the caregiver approving the activity acts in accordance with the reasonable and prudent parent standard; and

“(D) that a waiver of any standards established pursuant to subparagraph (A) may be made only on a case-by-case basis for nonsafety standards (as determined by the State) in relative foster family homes for specific children in care;”

(c)
Supporting Participation in Age-Appropriate Activities.—
(1)
Section 477(a) (42 U.S.C. 677(a)) is amended—
(A)
by striking “ and” at the end of paragraph (6);
(B)
by striking the period at the end of paragraph (7) and inserting “ ; and”; and
(C)
by adding at the end the following:

“(8) to ensure children who are likely to remain in foster care until 18 years of age have regular, ongoing opportunities to engage in age or developmentally-appropriate activities as defined in section 475(11).”

(2)
Section 477(h)(1) (42 U.S.C. 677(h)(1)) is amended by inserting “ or, beginning in fiscal year 2020, $143,000,000” after “ $140,000,000”.
(d)
Effective Date.—
(1)
In general.— The amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this Act.
(2)
Delay permitted if state legislation required.— If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan developed pursuant to part E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this section, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the State legislature that begins after the date of the enactment of this Act. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.

SEC. 112. Improving Another Planned Permanent Living Arrangement as a Permanency Option.

(a)
Elimination of Another Planned Permanent Living Arrangement for Children Under Age 16.—
(1)
In general.— Section 475(5)(C)(i) (42 U.S.C. 675(5)(C)(i)) is amended by inserting “ only in the case of a child who has attained 16 years of age” before “ (in cases where”.
(2)
Conforming amendment.— Section 422(b)(8)(A)(iii)(II) (42 U.S.C. 622(b)(8)(A)(iii)(II)) is amended by inserting “ , subject to the requirements of sections 475(5)(C) and 475A(a)” after “ arrangement”.
(3)
Delayed applicability with respect to certain children.— In the case of children in foster care under the responsibility of an Indian tribe, tribal organization, or tribal consortium (either directly or under supervision of a State), the amendments made by this subsection shall not apply until the date that is 3 years after the date of the enactment of this Act.
(b)
Additional Requirements.—
(1)
In general.— Part E of title IV (42 U.S.C. 670 et seq.) is amended by inserting after section 475 the following:

“SEC. 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 determined for the child under section 475(5)(C), 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 or secure a placement for the child with a fit and willing relative (including adult siblings), a legal guardian, or an adoptive parent, including through efforts that utilize search technology (including social media) to find biological family members for the children.

“(2) Redetermination of appropriateness of placement at each permanency hearing.—The State agency shall implement procedures to ensure that, 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 does the following:

“(A) Ask the child about the desired permanency outcome for the child.

“(B) Make a judicial determination explaining why, as of the date of the hearing, another planned permanent living arrangement is the best permanency plan for the child and provide compelling reasons why it continues to not be in the best interests of the child to—

“(i) return home;

“(ii) be placed for adoption;

“(iii) be placed with a legal guardian; or

“(iv) be placed with a fit and willing relative.

“(3) Demonstration of support for engaging in age or developmentally-appropriate activities and social events.—At each permanency hearing held with respect to the child, the State agency shall document the steps the State agency is taking to ensure that—

“(A) the child’s foster family home or child care institution is following the reasonable and prudent parent standard; and

“(B) the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities (including by consulting with the child in an age-appropriate manner about the opportunities of the child to participate in the activities).”

(2)
Conforming amendments.—
(A)
State plan requirements.—
(i)
Part b.— Section 422(b)(8)(A)(ii) (42 U.S.C. 622(b)(8)(A)(ii)) is amended by inserting “ and in accordance with the requirements of section 475A” after “ section 475(5)”.
(ii)
Part e.— Section 471(a)(16) (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 (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”; and
(ii)
in paragraph (5)—
(I)
in subparagraph (B), by adding at the end the following “ and, for a child for whom another planned permanent living arrangement has been determined as the permanency plan, the steps the State agency is taking to ensure the child’s foster family home or child care institution is following the reasonable and prudent parent standard and to ascertain whether the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities (including by consulting with the child in an age-appropriate manner about the opportunities of the child to participate in the activities);”; and
(II)
in subparagraph (C)—
(aa)
by inserting “ , as of the date of the hearing,” after “ compelling reason for determining”; and
(bb)
by inserting “ subject to section 475A(a),” after “ another planned permanent living arrangement,”.
(c)
Effective Date.—
(1)
In general.— The amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this Act.
(2)
Delay permitted if state legislation required.— If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan developed pursuant to part E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this section, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the State legislature that begins after the date of the enactment of this Act. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.

SEC. 113. Empowering Foster Children 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) (42 U.S.C. 675(1)(B)) is amended by adding at the end the following: “ With respect to a child who has attained 14 years of age, the plan developed for the child in accordance with this paragraph, and any revision or addition to the plan, 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 a foster parent of, or caseworker for, the child. 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 Children 14 and Older in Transition Planning.— Section 475 (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 who has attained 14 years of age”; and
(2)
in paragraph (5)—
(A)
in subparagraph (C)—
(i)
in clause (i), by striking “ 16” and inserting “ 14”;
(ii)
by striking “ and” at the end of clause (ii); and
(iii)
by adding at the end the following: “ and (iv) if a child has attained 14 years of age, the permanency plan developed for the child, and any revision or addition to the plan, shall be developed in consultation with the child and, at the option of the child, with not more than 2 members of the permanency planning team who are selected by the child and who are not a foster parent of, or caseworker for, the child, except that the State may reject an individual so selected by the child if the State has good cause to believe that the individual would not act in the best interests of the child, and 1 individual so selected by the child may be designated to be the child’s advisor and, as necessary, advocate, with respect to the application of the reasonable and prudent standard to the child;”; and
(B)
in subparagraph (I), by striking “ 16” and inserting “ 14”.
(c)
Transition Planning for a Successful Adulthood.— Paragraphs (1)(D), (5)(C)(i), and (5)(C)(iii) of section 475 (42 U.S.C. 675) are each amended by striking “ independent living” and inserting “ a successful adulthood”.
(d)
List of Rights.— Section 475A, as added by section 112(b)(1) of this Act, is amended by adding at the end the following:

“(b) List of Rights.—The case plan for any child in foster care under the responsibility of the State who has attained 14 years of age shall include—

“(1) a document that describes the rights of the child with respect to education, health, visitation, and court participation, the right to be provided with the documents specified in section 475(5)(I) in accordance with that section, and the right to stay safe and avoid exploitation; and

“(2) a signed acknowledgment by the child that the child has been provided with a copy of the document and that the rights contained in the document have been explained to the child in an age-appropriate way.”

(e)
Report.— Not later than 2 years after the date of the 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 requirements of paragraphs (1)(B) and (5)(C) of section 475 of the Social Security Act, as amended by subsections (a) and (b) of this section, that a child in foster care who has attained 14 years of age be permitted to select up to 2 members of the case planning team or permanency planning team for the child from individuals who are not a foster parent of, or caseworker for, the child; and
(2)
a description of best practices of States with respect to the administration of the requirements.
(f)
Effective Date.—
(1)
In general.— The amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this Act.
(2)
Delay permitted if state legislation required.— If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan developed pursuant to part E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this section, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the State legislature that begins after the date of the enactment of this Act. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.

SEC. 114. Ensuring Foster Children Have a Birth Certificate, Social Security Card, Health Insurance Information, Medical Records, and a Driver’s License or Equivalent State-Issued Identification Card.

(a)
Case Review System Requirement.— Section 475(5)(I) (42 U.S.C. 675(5)(I)) is amended—
(1)
by striking “ and receives assistance” and inserting “ receives assistance”; and
(2)
by inserting “ , and, if the child is leaving foster care by reason of having attained 18 years of age or such greater age as the State has elected under paragraph (8), unless the child has been in foster care for less than 6 months, is not discharged from care without being provided with (if the child is eligible to receive such document) an official or certified copy of the United States birth certificate of the child, a social security card issued by the Commissioner of Social Security, health insurance information, a copy of the child’s medical records, and 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” before the period.
(b)
Effective Date.—
(1)
In general.— The amendments made by this section shall take effect 1 year after the date of enactment of this Act.
(2)
Delay permitted if state legislation required.— If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan developed pursuant to part E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this section, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the State legislature that begins after the date of the enactment of this Act. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.

SEC. 115. Information on Children in Foster Care in Annual Reports Using Afcars Data; Consultation.

Section 479A (42 U.S.C. 679b) is amended—
(1)
by striking “ The Secretary” and inserting the following:

“(a) In General.—The Secretary”

(2)
in paragraph (5), by striking “ and” after the semicolon;
(3)
in paragraph (6)(C), by striking the period at the end and inserting “ ; and”; and
(4)
by adding at the end the following:

“(7) include in the report submitted pursuant to paragraph (5) for fiscal year 2016 or any succeeding fiscal year, State-by-State data on—

“(A) children in foster care who have been placed in a child care institution or other setting that is not a foster family home, including—

“(i) the number of children in the placements and their ages, including separately, the number and ages of children who have a permanency plan of another planned permanent living arrangement;

“(ii) the duration of the placement in the settings (including for children who have a permanency plan of another planned permanent living arrangement);

“(iii) the types of child care institutions used (including group homes, residential treatment, shelters, or other congregate care settings);

“(iv) with respect to each child care institution or other setting that is not a foster family home, the number of children in foster care residing in each such institution or non-foster family home;

“(v) any clinically diagnosed special need of such children; and

“(vi) the extent of any specialized education, treatment, counseling, or other services provided in the settings; and

“(B) children in foster care who are pregnant or parenting.

“(b) Consultation on Other Issues.—The Secretary shall consult with States and organizations with an interest in child welfare, including organizations that provide adoption and foster care services, and shall take into account requests from Members of Congress, in selecting other issues to be analyzed and reported on under this section using data available to the Secretary, including data reported by States through the Adoption and Foster Care Analysis and Reporting System and to the National Youth in Transition Database.”

Subtitle C National Advisory Committee

SEC. 121. Establishment of a National Advisory Committee on the Sex Trafficking of Children and Youth in the United States.

Title XI (42 U.S.C. 1301 et seq.) is amended by inserting after section 1114 the following:

“Sec. 1114 “national advisory committee on the sex trafficking of chiildren and youth in the united states

A.

(a) Official Designation.—This section relates to the National Advisory Committee on the Sex Trafficking of Children and Youth in the United States (in this section referred to as the ‘Committee’).

“(b) Authority.—Not later than 2 years 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.

“(2) Selection.—The Secretary, in consultation with the Attorney General and National Governors Association, shall appoint the members to the Committee. At least 1 Committee member shall be a former sex trafficking victim. 2 Committee members shall be a Governor of a State, 1 of whom shall be a member of the Democratic Party and 1 of whom shall be a member of the Republican Party.

“(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 shall serve without compensation or per diem in lieu of subsistence.

“(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 the sex trafficking of children and youth in the United States.

“(2) Policies for cooperation.—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, the gaming and entertainment industry, and businesses and organizations that provide services to youth, on responding to sex trafficking, including the development and implementation of—

“(A) successful interventions with children and youth who are exposed to conditions that make them vulnerable to, or victims of, sex trafficking; and

“(B) 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 children and youth who are sex trafficking victims and provide support to entities that provide housing or other assistance to the victims.

“(3) Best practices and recommendations for states.—

“(A) In general.—Within 2 years after the establishment of the Committee, 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 sex trafficking of children and youth. Tier I shall provide States that have not yet substantively addressed the sex trafficking of children and youth with an idea of where to begin and what steps to take. Tier II shall provide States that are already working to address the sex trafficking of children and youth with examples of policies that are already being used effectively by other States to address sex trafficking.

“(B) Development.—The best practices shall be based on multidisciplinary research and promising, evidence- based models and programs as reflected in State efforts to meet the requirements of sections 101 and 102 of the Preventing Sex Trafficking and Strengthening Families Act.

“(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 that, to the extent possible, accommodate for regional differences among the States, to prepare individuals who administer social services to identify and serve children and youth who are sex trafficking victims or at-risk of sex trafficking.

“(ii) Multidisciplinary strategies to identify victims, manage cases, and improve services for all children and youth who are at risk of sex trafficking, or are sex trafficking victims, in the United States.

“(iii) Sample protocols and recommendations based on current States’ efforts, accounting for regional differences between States that provide 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, the gaming and entertainment industry, Federal, State, and local police, juvenile detention centers and runaway and homeless youth programs, housing resources that are appropriate for housing child and youth victims of trafficking, schools, and businesses and organizations that provide services to children and 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 sex trafficking 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) Developing the criteria and guidelines necessary for establishing safe residential placements for foster children who have been sex trafficked as well as victims of trafficking identified through interaction with law enforcement.

“(v) Developing training guidelines for caregivers that serve children and youth being cared for outside the home.

“(D) Informing states of best practices.—The Committee, in coordination with the National Governors Association, Secretary and Attorney General, shall ensure that State Governors and child welfare agencies are notified and informed on a quarterly basis of the best practices and recommendations for States, and notified 6 months in advance that the Committee will be evaluating the extent to which States adopt the Committee’s recommendations.

“(E) Report on state implementation.—Within 3 years after the establishment of the Committee, the Committee shall submit to the Secretary and the Attorney General, as part of its final report as well as for online and publicly available publication, a description of what each State has done to implement the recommendations of the Committee.

“(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 3 years after the establishment of the Committee. The final report shall be submitted not later than 4 years after the establishment of the Committee.

“(f) Administration.—

“(1) Agency support.—The Secretary shall direct the head of the Administration for Children 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 each year to carry out this section, and more often as otherwise required.

“(B) Accommodation for committee members unable to attend in person.—The Secretary shall create a process through which Committee members who are unable to travel to a Committee meeting in person may participate remotely through the use of video conference, teleconference, online, or other means.

“(3) Subcommittees.—The Committee may establish subcommittees or working groups, as necessary and consistent with the mission of the Committee. The 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) Termination.—The Committee shall terminate 5 years after the date of its establishment, but the Secretary shall continue to operate and update, as necessary, an Internet website displaying the State best practices, recommendations, and evaluation of State-by-State implementation of the Secretary’s recommendations.

“(h) Definition.—For the purpose of this section, the term ‘sex trafficking’ includes the definition set forth in section 103(10) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(10)) and ‘severe form of trafficking in persons’ described in section 103(9)(A) of such Act.”