Authorizing Statute 1

§ 1314b

TITLE 42—THE PUBLIC HEALTH AND WELFARE

703, which is classified generally to chapter 51 (§ 2011 et
seq.) of Title 7, Agriculture. For complete classification
of this Act to the Code, see Short Title note set out
under section 2011 of Title 7 and Tables.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
Section was enacted as part of the Social Security
Act Amendments of 1994, and not as part of the Social
Security Act which comprises this chapter.
AMENDMENTS
2008—Subsec. (d)(2). Pub. L. 110–246, § 4002(b)(1)(A), (B),
(2)(X), substituted ‘‘supplemental nutrition assistance
program’’ for ‘‘food stamp program’’ and ‘‘Food and Nutrition Act of 2008’’ for ‘‘Food Stamp Act of 1977’’.
1998—Subsec. (b)(3)(D). Pub. L. 105–200, § 410(h)(1),
struck out ‘‘Energy and’’ before ‘‘Commerce’’.
Subsec. (d)(4). Pub. L. 105–200, § 410(h)(2), substituted
‘‘subsection (b)(3) of this section’’ for ‘‘subsection
(b)(3)(C) of this section’’.
CHANGE OF NAME
Committee on Education and Labor of House of Representatives changed to Committee on Education and
the Workforce of House of Representatives by House
Resolution No. 5, One Hundred Twelfth Congress, Jan.
5, 2011. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce
of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance
generally transferred to Committee on Financial Services of House of Representatives by House Resolution
No. 5, One Hundred Seventh Congress, Jan. 3, 2001.
Committee on Labor and Human Resources of Senate
changed to Committee on Health, Education, Labor,
and Pensions of Senate by Senate Resolution No. 20,
One Hundred Sixth Congress, Jan. 19, 1999.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of Title 7,
Agriculture.
Amendment by section 4002(b)(1)(A), (B), (2)(X) of
Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of
Pub. L. 110–246, set out as a note under section 1161 of
Title 2, The Congress.

§ 1314b. National Advisory Committee on the Sex
Trafficking of Children and Youth in the
United States
(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 September 29, 2014,
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 Asso-

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ciation, 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

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.

§ 1314b

(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.

§ 1315

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 7102(10) of title 22 and ‘‘severe form of
trafficking in persons’’ described in section
7102(9)(A) of title 22.
(Aug. 14, 1935, ch. 531, title XI, § 1114A, as added
Pub. L. 113–183, title I, § 121, Sept. 29, 2014, 128
Stat. 1931.)
REFERENCES IN TEXT
Sections 101 and 102 of the Preventing Sex Trafficking and Strengthening Families Act, referred to in subsec. (d)(3)(B), are sections 101 and 102 of Pub. L. 113–183.
Section 101 amended sections 671 and 675 of this title.
Section 102 amended section 671 of this title.

§ 1315. Demonstration projects
(a) Waiver of State plan requirements; costs regarded as State plan expenditures; availability of appropriations
In the case of any experimental, pilot, or demonstration project which, in the judgment of the
Secretary, is likely to assist in promoting the
objectives of subchapter I, X, XIV, XVI, or XIX
of this chapter, or part A or D of subchapter IV
of this chapter, in a State or States—
(1) the Secretary may waive compliance
with any of the requirements of section 302,
602, 654, 1202, 1352, 1382, or 1396a of this title, as
the case may be, to the extent and for the period he finds necessary to enable such State or
States to carry out such project, and
(2)(A) costs of such project which would not
otherwise be included as expenditures under
section 303, 655, 1203, 1353, 1383, or 1396b of this
title, as the case may be, and which are not included as part of the costs of projects under
section 1310 of this title, shall, to the extent
and for the period prescribed by the Secretary,
be regarded as expenditures under the State
plan or plans approved under such subchapter,
or for administration of such State plan or
plans, as may be appropriate, and
(B) costs of such project which would not
otherwise be a permissible use of funds under
part A of subchapter IV of this chapter and

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which are not included as part of the costs of
projects under section 1310 of this title, shall
to the extent and for the period prescribed by
the Secretary, be regarded as a permissible use
of funds under such part.
In addition, not to exceed $4,000,000 of the aggregate amount appropriated for payments to
States under such subchapters for any fiscal
year beginning after June 30, 1967, shall be available, under such terms and conditions as the
Secretary may establish, for payments to States
to cover so much of the cost of such projects as
is not covered by payments under such subchapters and is not included as part of the cost
of projects for purposes of section 1310 of this
title.
(b) Child support enforcement programs
(1) In the case of any experimental, pilot, or
demonstration project undertaken under subsection (a) of this section to assist in promoting
the objectives of part D of subchapter IV, the
project—
(A) must be designed to improve the financial well-being of children or otherwise improve the operation of the child support program;
(B) may not permit modifications in the
child support program which would have the
effect of disadvantaging children in need of
support; and
(C) must not result in increased cost to the
Federal Government under part A of such subchapter.
(2) An Indian tribe or tribal organization operating a program under section 655(f) of this title
shall be considered a State for purposes of authority to conduct an experimental, pilot, or
demonstration project under subsection (a) to
assist in promoting the objectives of part D of
subchapter IV and receiving payments under the
second sentence of that subsection. The Secretary may waive compliance with any requirements of section 655(f) of this title or regulations promulgated under that section to the extent and for the period the Secretary finds necessary for an Indian tribe or tribal organization
to carry out such project. Costs of the project
which would not otherwise be included as expenditures of a program operating under section
655(f) of this title and which are not included as
part of the costs of projects under section 1310 of
this title, shall, to the extent and for the period
prescribed by the Secretary, be regarded as expenditures under a tribal plan or plans approved
under such section, or for the administration of
such tribal plan or plans, as may be appropriate.
An Indian tribe or tribal organization applying
for or receiving start-up program development
funding pursuant to section 309.16 of title 45,
Code of Federal Regulations, shall not be considered to be an Indian tribe or tribal organization
operating a program under section 655(f) of this
title for purposes of this paragraph.
(c) Demonstration projects to test alternative
definitions of unemployment
(1)(A) The Secretary shall enter into agreements with up to 8 States submitting applications under this subsection for the purpose of
conducting demonstration projects in such