[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5150 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5150
To reauthorize the Trafficking Victims Protection Act of 2000, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 3, 2021
Mr. Smith of New Jersey (for himself and Ms. Bass) introduced the
following bill; which was referred to the Committee on Foreign Affairs,
and in addition to the Committees on the Judiciary, Ways and Means,
Oversight and Reform, Education and Labor, Transportation and
Infrastructure, Energy and Commerce, Armed Services, and Financial
Services, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To reauthorize the Trafficking Victims Protection Act of 2000, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Frederick Douglass Trafficking
Victims Prevention and Protection Reauthorization Act of 2021''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES
Subtitle A--Programs To Support Victims and Persons Vulnerable to Human
Trafficking
Sec. 101. Modifications to grants to assist in the recognition of
trafficking.
Sec. 102. Sense of Congress on anti-trafficking training requirements
for healthcare professionals and social
service providers.
Sec. 103. Human trafficking survivors employment and education program.
Sec. 104. Ensuring survivor-informed approach to combating human
trafficking.
Sec. 105. Ensuring protection and confidentiality for human trafficking
survivors.
Sec. 106. Modifications to Federal bankruptcy code.
Sec. 107. Ensuring continuation of domestic trafficking victims fund.
Sec. 108. Exempting from Federal income taxation civil damages awarded
under section 1595 of title 18, United
States Code.
Sec. 109. Modifications to eligibility for certain United States grants
in the post-pandemic recovery.
Sec. 110. Facilitating United States investigations into potential
human trafficking cases.
Sec. 111. Preventing unfair sentencing of youthful offenders who have
been trafficked, abused, and assaulted.
Subtitle B--Governmental Efforts To Prevent Human Trafficking
Sec. 121. Preventing trafficking in persons in Federal contractor
supply chains.
Sec. 122. Priority for accommodation in places with policies relating
to severe forms of human trafficking.
Sec. 123. Government financed air transportation with policies relating
to severe forms of human trafficking.
Sec. 124. Ensuring anti-trafficking-in-persons trainings and provisions
into codes of conduct of all Federal
departments and executive agencies.
Sec. 125. Primary prevention research agenda on human trafficking.
Sec. 126. Government Accountability Office study on accessibility of
mental health services.
Sec. 127. Empowering the Department of Justice to investigate
cybercrime related to trafficking in
persons.
Sec. 128. Sense of Congress on the establishment of a White House
special advisor for human trafficking.
Subtitle C--Monitoring Child, Forced, and Slave Labor
Sec. 131. Encouraging State and local crime-tip organizations to reward
tips for fighting human trafficking.
Sec. 132. Transparency in anti-trafficking expenditures.
Sec. 133. Sense of Congress on United States companies adopting
counter-trafficking-in-persons policies.
Sec. 134. Amendments to the Child Abuse Prevention and Treatment Act.
Sec. 135. Sense of Congress on criteria for classifying victims of
child sex trafficking.
Sec. 136. Amendments to Social Security Act.
Sec. 137. Modifications to data reporting for continued presence and
the T-visa application.
Sec. 138. Establishment of reporting requirement on counter-trafficking
in persons for Department of Defense.
Sec. 139. Establishment of investigation units on forced labor at the
Department of Justice and the Department of
Homeland Security.
Sec. 140. Sense of Congress on submission of Department of Justice
reports on time.
Sec. 141. Sense of Congress on requiring child welfare agencies to
report information on missing and abducted
foster children and youth.
TITLE II--FIGHTING HUMAN TRAFFICKING ABROAD
Sec. 201. Amendments to the International Megan's Law.
Sec. 202. Amendment to the generalized system of preferences.
Sec. 203. United States support for integration of anti-trafficking in
persons interventions in multilateral
development banks.
Sec. 204. Modifications to program to end modern slavery grants.
Sec. 205. Amendments to tier standards.
Sec. 206. Expanding prevention efforts at the United States Agency for
International Development.
Sec. 207. Modification to criteria for the imposition of sanctions
under the Global Magnitsky Human Rights
Accountability Act.
TITLE III--AUTHORIZATION OF APPROPRIATIONS
Sec. 301. Extension of authorizations under the Victims of Trafficking
and Violence Protection Act of 2000.
Sec. 302. Extension of authorizations under the International Megan's
Law.
Sec. 303. Extension of authorizations for the Human Exploitation Rescue
Operation Child-Rescue Corps Program.
Sec. 304. Authorization of additional appropriations for the Department
of Labor Bureau of International Labor
Affairs.
Sec. 305. Authorization of appropriations for forced labor
investigations.
Sec. 306. Authorization of appropriations for the SOAR to Health and
Wellness training program.
Sec. 307. Authorization of appropriations for September 3rd
Scholarships.
Sec. 308. Authorization of appropriations for the provision of anti-
trafficking training to airport personnel.
Sec. 309. Improving enforcement of section 307 of the Tariff Act of
1930.
TITLE I--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES
Subtitle A--Programs To Support Victims and Persons Vulnerable to Human
Trafficking
SEC. 101. MODIFICATIONS TO GRANTS TO ASSIST IN THE RECOGNITION OF
TRAFFICKING.
(a) Amendments to Authorities To Prevent Trafficking.--Section
106(b)(2) of the Victims of Trafficking and Violence Protection Act of
2000 (22 U.S.C. 7104(b)) is amended--
(1) in the heading, by striking ``Grants to assist in the
recognition of trafficking'' and inserting ``Frederick douglass
human trafficking prevention education grants'';
(2) in subparagraph (B)--
(A) in the matter preceding clause (i), by
inserting ``under a program named `Frederick Douglass
Human Trafficking Prevention Education Grants''' after
``may award grants''; and
(B) in clause (ii), by inserting ``, linguistically
accessible, and culturally responsive'' after ``age-
appropriate'';
(3) in the heading of subparagraph (C), by inserting ``for
frederick douglass human trafficking prevention education
grants'' after ``Program requirements'';
(4) by amending subparagraph (D) to read as follows:
``(D) Priority.--In awarding Frederick Douglass
Human Trafficking Prevention Education Grants under
this paragraph, the Secretary shall--
``(i) give priority to local educational
agencies serving a high-intensity child sex
trafficking area;
``(ii) give additional priority to local
educational agencies that partner with
nonprofit organizations specializing in human
trafficking prevention education, law
enforcement, and technology or social media
companies, to assist in training efforts to
protect children from sexual exploitation and
abuse including grooming, materials depicting
the sexual abuse of children, and human
trafficking transmitted through technology; and
``(iii) consult, as appropriate, with the
Secretary of Education, the Secretary of
Housing and Urban Development, the Secretary of
Labor, and the Attorney General, to identify
the geographic areas in the United States with
the highest prevalence of underserved or at-
risk populations, including children who are
members of a racial or ethnic minority,
homeless youth, foster youth, youth involved in
the child welfare system, and children and
youth who run away from home or an out-of-home
placement.''; and
(5) by adding at the end the following:
``(E) Criteria for selection.--Grantees should be
selected based on their demonstrated ability to--
``(i) engage stakeholders, including
survivors of human trafficking, and Federal,
State, local, or Tribal partners, to develop
the programs;
``(ii) train the trainers, guardians, K-12
students, teachers, and other school personnel
in a linguistically accessible, culturally
responsive, age-appropriate, and trauma-
informed fashion; and
``(iii) create a scalable, repeatable
program to prevent child sexual exploitation
and abuse including grooming, child sexual
abuse materials, and trafficking transmitted
through technology that--
``(I) uses proven and tested best
practices by university researchers;
and
``(II) employs appropriate
technological tools and methodologies,
including linguistically accessible,
culturally responsive, age-appropriate,
and trauma-informed approaches and
measurement and training curricula
adapted for trainers, guardians,
educators, and K-12 students.
``(F) Train the trainers.--For purposes of
subparagraph (E), the term `train the trainers' means
having experienced or master trainers coach new
trainers who are less experienced with a particular
topic or skill, or with training overall, who can then
teach the material to others, creating a broader reach,
sustainability, and making efforts cost- and time-
efficient (commonly referred to as `training of
trainers').
``(G) Data collection.--The Secretary shall consult
with the Secretary of Education to determine the
appropriate demographics of the recipients or of
students at risk of being trafficked or exploited, to
be collected and reported with respect to grants under
this paragraph.
``(H) Report.--Not later than 540 days after the
date of the enactment of this Act, and annually
thereafter, the Secretary of Health and Human Services
shall submit to the Committees on Education and Labor,
Energy and Commerce, and the Judiciary of the House of
Representatives and the Committees on the Judiciary and
Health, Education, Labor, and Pensions of the Senate a
report including data on the following:
``(i) The total number of entities that
received a Frederick Douglass Human Trafficking
Prevention Education Grant over the past year.
``(ii) The total number of partnerships or
consultants that included survivors, nonprofit
organizations specialized in human trafficking
prevention education, law enforcement, and
technology or social media companies.
``(iii) The total number of elementary and
secondary schools that established and
implemented proper protocols and procedures
through programs developed using such grants.
``(iv) The total number and geographic
distribution of trainers, guardians, students,
teachers, and other school personnel trained
using such grants pursuant to this paragraph.
``(v) The results of pre-training and post-
training surveys to gauge trainees' increased
understanding of the scope and signs of child
trafficking and child sexual exploitation and
abuse; how to interact with potential victims
and survivors of child trafficking and child
sexual exploitation and abuse using an age-
appropriate and trauma-informed approach; and
the manner in which to respond to potential
child trafficking and child sexual exploitation
and abuse.
``(vi) The number of potential victims and
survivors of child trafficking and child sexual
exploitation and abuse identified and served by
grantees, excluding any individually
identifiable information about such children
and acting in full compliance with all
applicable privacy laws and regulations.
``(vii) The number of students in
elementary or secondary school identified by
grantees as being at risk of being trafficked
or sexually exploited and abused, excluding any
individually identifiable information about
such children.
``(viii) The demographic characteristics of
child trafficking survivors and victims,
sexually exploited and abused children, and
students at risk of being trafficked or
sexually exploited and abused described in
clauses (vi) and (vii), excluding any
individually identifiable information about
such children and in accordance with the
standards set forth by the Department of
Education National Center for Education
Statistics with respect to at-risk students.
``(ix) Any service gaps and best practices
identified by grantees.''.
(b) Sense of Congress.--It is the sense of Congress that all States
(including the District of Columbia) and territories should mandate
elementary and secondary school prevention education training and
curricula adapted for trainers, guardians, educators, and K-12
students, especially in geographic areas identified as at-risk for
high-intensity child sex trafficking, using as guidance the Frederick
Douglass Human Trafficking Education Prevention Grants established by
section 106(b)(2) of the Victims of Trafficking and Violence Protection
Act of 2000, as amended by subsection (a).
SEC. 102. SENSE OF CONGRESS ON ANTI-TRAFFICKING TRAINING REQUIREMENTS
FOR HEALTHCARE PROFESSIONALS AND SOCIAL SERVICE
PROVIDERS.
It is the sense of Congress that--
(1) health care professionals and social service providers,
including professionals who specialize in behavioral and mental
health care and substance abuse disorders, are in critical
roles to identify, engage, and respond to individuals who are
at risk of trafficking, current victims of trafficking, or
survivors of trafficking; and
(2) local licensing boards should require training, in the
context of new licenses or renewals of licenses for healthcare
professionals and social service providers, on--
(A) the scope and signs of human trafficking, child
sexual exploitation, and abuse as it would present in
the pertinent healthcare or social services setting;
(B) how to interact with potential victims and
survivors of human trafficking using an age-appropriate
and trauma-informed approach; and
(C) the manner in which to respond to potential
human trafficking or child sexual exploitation and
abuse victims and survivors.
SEC. 103. HUMAN TRAFFICKING SURVIVORS EMPLOYMENT AND EDUCATION PROGRAM.
(a) In General.--The Secretary of Health and Human Services may
carry out a Human Trafficking Survivors Employment and Education
Program to prevent the re-exploitation of eligible individuals who have
been removed from trafficking situations, by assisting such individuals
to integrate or reintegrate into society through social services
support for the attainment of life-skills, employment, and education
necessary to achieve self-sufficiency.
(b) Services Provided.--Services offered, provided, and funded by
the Program shall include (as relevant to the survivor)--
(1) enrollment and participation in--
(A) basic education, including literacy education
and English as a second language education;
(B) job-related skills training;
(C) vocational and certificate programs; and
(D) programs for attaining a regular high school
diploma or its recognized equivalent;
(2) life-skill training programs, including management of
personal finances, self-care, and parenting classes;
(3) resume creation and review;
(4) interview coaching and counseling;
(5) assistance with expungement of criminal records when
such records are for nonviolent crimes that were committed as a
consequence of the eligible individual's victimization;
(6) assistance with enrollment in college or technical
school;
(7) scholarship assistance for attending college or
technical school;
(8) professional coaching or professional development
classes;
(9) case management to develop an individualized plan with
each survivor, based on each person's needs and goals;
(10) assistance with obtaining victim compensation, direct
victim assistance, or other funds for mental health care; and
(11) other programs and services that help eligible
individuals to achieve self-sufficiency, such as wrap-around
social services to assist survivors in meeting their basic
needs.
(c) Service Period.--Eligible individuals may receive services
through the Program for a cumulative period of 5 years.
(d) Cooperative Agreements.--Subject to the availability of
appropriations, the Secretary shall enter into cooperative agreements
with one or more eligible organizations to carry out this section.
(e) Definitions.--In this section:
(1) Eligible individual.--The term ``eligible individual''
means a domestic or foreign victim of human trafficking who is
eligible to receive services under section 107 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105).
(2) Eligible organization.--The ``eligible organization''
may include a nongovernmental organization and means a service
provider that meets the following criteria:
(A) Experience in using national or local anti-
trafficking networks to serve victims of human
trafficking.
(B) Experience qualifying, providing, and
coordinating services for survivors of trafficking, as
described in subsection (b), that is linguistically
accessible, culturally responsive, age-appropriate, and
trauma-informed.
(C) With respect to a service provider for
trafficking victims served by the Program who are not
United States citizens, a provider that has experience
in identifying and assisting foreign-born victims of
human trafficking, including helping them qualify for
Continued Presence, T-Visas, and other Federal, State,
and local services and funding.
(D) With respect to a service provider for
trafficking victims served by the Program who are
United States citizens, a provider that has experience
identifying and assisting victims of commercial sexual
exploitation, especially youth and underserved
populations.
(3) Program.--The term ``Program'' means the Human
Trafficking Survivors Employment and Education Program
established under this section.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 104. ENSURING SURVIVOR-INFORMED APPROACH TO COMBATING HUMAN
TRAFFICKING.
(a) Elimination of Sunset for Advisory Council on Human
Trafficking.--Section 115 of the Justice for Victims of Trafficking Act
of 2015 is amended by striking subsection (h).
(b) Plan for Compensation for Council Members.--Not later than 120
days after the date of the enactment of this Act, the Secretary of
State shall provide to each of the congressional committees listed in
section 115(e) of the Justice for Victims of Trafficking Act of 2015
(Public Law 114-22; 129 Stat. 243) a plan to implement compensation for
members of the United States Advisory Council on Human Trafficking
pursuant to section 115(f)(3) of such Act.
SEC. 105. ENSURING PROTECTION AND CONFIDENTIALITY FOR HUMAN TRAFFICKING
SURVIVORS.
(a) In General.--In order to ensure the safety of human trafficking
survivors and their families--
(1) grantees and subgrantees receiving grants from any
Federal funds shall protect the confidentiality and privacy of
survivors and victims of human trafficking receiving their
services; and
(2) each entity applying to receive Federal funds in the
form of a grant shall be required to submit, in conjunction
with such application, a privacy policy for human trafficking
survivors and their families that is in accordance with the
guidelines set forth under this section.
(b) Nondisclosure.--Subject to subsections (c), (d), and (e),
grantees and subgrantees shall agree, as a condition of receiving
Federal funds, to not--
(1) disclose, reveal, or release any personally identifying
information or individual information collected in connection
with services requested, used, or denied through grantees' and
subgrantees' programs, regardless of whether the information
has been encoded, encrypted, hashed, or otherwise protected; or
(2) disclose, reveal, or release individual client
information without the informed, written, and reasonably time-
limited consent of the person about whom information is sought,
whether for this program or any other Federal, State, tribal,
or territorial grant program.
(c) Exceptions Relating to Minors.--
(1) In general.--For purposes of subsection (b)(2)--
(A) the informed, written, and reasonably time-
limited consent described in such section in the case
of an unemancipated minor must be obtained from both
the minor and a parent or guardian (or, in the case of
legal incapacity, a court-appointed guardian); and
(B) such consent may not be given by the alleged or
convicted trafficker of the minor or incapacitated
person, or the alleged or convicted trafficker of a
parent or legal guardian of the minor or incapacitated
person.
(2) Waiver of parental consent.--Notwithstanding the
prohibition under subsection (b)(2), if a minor or a person
with a legally appointed guardian is permitted by law to
receive services without a parent's or guardian's consent, such
minor or person with a guardian may release information without
obtaining additional consent in accordance with paragraph (1).
(d) Release.--If the release of information described in subsection
(b) is compelled by statutory or court mandate--
(1) grantees and subgrantees shall make reasonable attempts
to provide notice to victims affected by the disclosure of
information; and
(2) grantees and subgrantees shall take steps necessary to
protect the privacy and safety of the persons affected by the
release of the information.
(e) Information Sharing.--
(1) In general.--Grantees and subgrantees may share--
(A) non-personally identifying data in the
aggregate regarding services to their clients and non-
personally identifying demographic information, in
order to identify underserved populations and comply
with Federal, State, tribal, or territorial reporting,
evaluation, or data collection requirements;
(B) court-generated information and law
enforcement-generated information contained in secure,
governmental registries for protection order
enforcement purposes; and
(C) law enforcement-generated and prosecution-
generated information necessary for law enforcement and
prosecution purposes.
(2) Prohibition.--Under no circumstances may a grantee or
subgrantee--
(A) require a human trafficking survivor to provide
consent to release his or her personally identifying
information as a condition of eligibility for the
services provided by the grantee or subgrantee; or
(B) share any personally identifying information in
order to comply with Federal, tribal, or State
reporting, evaluation, or data collection requirements,
whether for this program or any other Federal, tribal,
or State grant program.
(f) Statutorily Mandated Reports of Human Trafficking,
Exploitation, Abuse or Neglect.--Nothing in this section may be
construed to prohibit a grantee or subgrantee from reporting suspected
human trafficking, exploitation, abuse or neglect, as those terms are
defined and such reporting is specifically mandated by Federal, State,
local or tribal laws.
SEC. 106. MODIFICATIONS TO FEDERAL BANKRUPTCY CODE.
Section 523(a) of title 11, United States Code, is amended--
(1) in paragraph (18), by striking ``; or'' at the end and
inserting a semicolon;
(2) in paragraph (19), by striking ``debtor.'' and
inserting ``debtor; or''; and
(3) by inserting after such paragraph (19), as so amended,
the following:
``(20) for injury--
``(A) by the debtor to an individual who is a
victim of a violation of chapter 77 of title 18; or
``(B) by the debtor to an individual who is a
victim of a violation of chapter 77 of title 18,
wherein the debtor knowingly benefitted, financially or
by receiving anything of value from participation in a
venture which the debtor knew or should have known has
engaged in an act in violation of chapter 77 of title
18.''.
SEC. 107. ENSURING CONTINUATION OF DOMESTIC TRAFFICKING VICTIMS FUND.
Section 3014 of title 18, United States Code, is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``September 30, 2021'' and inserting
``September 30, 2026''; and
(2) in subsection (e)(1), in the matter preceding
subparagraph (A), by striking ``2023'' and inserting ``2026''.
SEC. 108. EXEMPTING FROM FEDERAL INCOME TAXATION CIVIL DAMAGES AWARDED
UNDER SECTION 1595 OF TITLE 18, UNITED STATES CODE.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section
139H the following new section:
``SEC. 139I. CERTAIN AMOUNTS RECEIVED AS CIVIL DAMAGES RECOMPENSE FOR
TRAFFICKING IN PERSONS.
``Gross income shall not include any civil damages, restitution, or
other monetary award (including compensatory or statutory damages and
restitution imposed in a criminal matter) awarded in an action under
section 1595 of title 18, United States Code.''.
(b) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by inserting after
the item relating to section 139H the following new item:
``Sec. 139I. Certain amounts received as civil damages recompense for
trafficking in persons.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts awarded after the date of the enactment of this Act,
in taxable years ending after such date.
SEC. 109. MODIFICATIONS TO ELIGIBILITY FOR CERTAIN UNITED STATES GRANTS
IN THE POST-PANDEMIC RECOVERY.
(a) Notwithstanding subsection (g) of section 202 of the
Trafficking Victims Protection Reauthorization Act of 2005 (34 U.S.C.
20702(g)), all match requirements for grants under such section shall
be waived for fiscal year 2022.
(b) Notwithstanding sections 107(b)(2)(C) and 107(f)(3)(B) of the
Trafficking Victims Protection Act of 2000, any Federal share
requirement for grants under section 107(b) or section 107(f)(3) of
such Act shall be waived for fiscal year 2022.
SEC. 110. FACILITATING UNITED STATES INVESTIGATIONS INTO POTENTIAL
HUMAN TRAFFICKING CASES.
(a) Sex Trafficking of Children or by Force, Fraud, or Coercion.--
Section 1591 of title 18, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting before subsection (e) (as so redesignated)
the following:
``(d) Whoever, while being an official involved in an investigation
of sex trafficking (as such term is defined in section 103 of the
Trafficking Victims Protection Act (22 U.S.C. 7102)) engages in any
sexual act or in sexual contact with any witness or potential witness
to such sex trafficking, or victim or person reasonably likely to be
the victim of such sex trafficking over the course of the investigation
shall be punished--
``(1) if the person, witness, or victim had not attained
the age of 14 years at the time of such sexual act or contact,
by a fine under this title and imprisonment for any term of
years not less than 15 years or for life;
``(2) if the person, witness, or victim had attained the
age of 14 years but had not attained the age of 18 years at the
time of such sexual act or contact, by a fine under this title
and imprisonment for not less than 10 years or for life; or
``(3) if the person, witness, or victim is an adult, by a
fine under this title and imprisonment for not less than 5
years or for life.''.
(b) Civil Remedy.--Section 1595 of title 18, United States Code, is
amended by adding at the end the following:
``(e) It shall be unlawful to retaliate against any a victim of a
violation of this chapter because such person has--
``(1) instituted, caused to be instituted, assisted with,
testified or is about to testify in, or participated in any
manner in any complaint, investigation, proceeding, or hearing
under or related to this chapter; or
``(2) opposed any behavior that is a violation of this
chapter.
``(f) In this section, the term `retaliate against any person'
means any action that a reasonable person would find intimidating,
threatening, restraining, coercive, threatening, harassing, or
adversely effecting employment status or assets, including any action
directed at a person other than the person who has engaged in one of
the activities set forth in subsection (e)(1) or (2).
``(g) Any individual injured by reason of a violation of subsection
(e) may sue therefor and shall recover three-fold the damages sustained
by such individual, in addition to reasonable attorneys' fees set forth
in this chapter.
``(h) In addition to any other remedies set forth in this section,
whenever any person has engaged or there are reasonable grounds to
believe that any person is about to engage in any act or practice
prohibited by section 1512 (relating to tampering with a witness,
victim, or an informant) or 1513 (relating to retaliation against a
witness, victim, or an informant) with regard to a civil action under
this chapter, an individual may institute an application for a
permanent or temporary injunction, restraining order, or other order to
preclude such act or practice.''.
(c) Forced Labor.--Section 1589 of title 18, United States Code, is
amended by adding at the end the following:
``(e) Whoever knowingly obstructs, or attempts to obstruct, the
enforcement of this section shall be punished--
``(1) by a fine under this title and imprisonment for any
term of years not less than 5 years or for life; and
``(2) if death results from the violation of this section,
or if the violation includes kidnapping or an attempt to
kidnap, aggravated sexual abuse or the attempt to commit
aggravated sexual abuse, or an attempt to kill, the defendant
shall be fined under this title and imprisoned for not less
than 15 years or life.''.
SEC. 111. PREVENTING UNFAIR SENTENCING OF YOUTHFUL OFFENDERS WHO HAVE
BEEN TRAFFICKED, ABUSED, AND ASSAULTED.
(a) Section 3553 of title 18, United States Code, is amended by
adding at the end the following:
``(h) Sentencing Youthful Victim Offenders.--
``(1) Statutory minimums.--In the case of a youthful victim
offender, the court may impose a sentence that is below a level
established by statute as a minimum sentence in consideration
of the effect of trauma on the offender's conduct.
``(2) Suspension of sentence.--In the case of a youthful
offender, the court may suspend any portion of an imposed
sentence.
``(3) Youthful victim offender defined.--In this
subsection, the term `youthful victim offender' means an
individual who--
``(A) has not attained the age of 18; and
``(B) has been convicted of a violent offense
against a person who the court finds, by clear and
convincing evidence, engaged in conduct against such
individual, not earlier than 1 year before such violent
offense, that is an offense under section 1591 or an
offense under chapter 71, 109A, 110, or 117.''.
(b) Section 3553 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (6), by striking ``and'' at the
end;
(B) in paragraph (7), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(8) in the case of a juvenile (as such term is defined in
section 5031), the diminished culpability of a juvenile
defendant compared to that of an adult defendant.''; and
(2) by adding at the end the following:
``(h) Limitation on Statutory Minimum for Juvenile Offenders.--In
the case of a juvenile (as such term is defined in section 5031), the
court may impose a sentence that is 35 percent below a level
established by statute as a minimum sentence so as to reflect the
juvenile's age and prospect for rehabilitation.''.
(c) Chapter 403 of title 18, United States Code, is amended by
inserting after section 5032 the following new section:
``Sec. 5032A. Modification of an imposed term of imprisonment for
violations of law committed prior to age 18
``(a) In General.--Notwithstanding any other provision of law, a
court may reduce a term of imprisonment imposed upon a defendant
convicted as an adult for an offense committed and completed before the
defendant attained 18 years of age if--
``(1) the defendant has served not less than 20 years in
custody for the offense; and
``(2) the court finds, after considering the factors set
forth in subsection (c), that the defendant is not a danger to
the safety of any person or the community and that the
interests of justice warrant a sentence modification.
``(b) Supervised Release.--Any defendant whose sentence is reduced
pursuant to subsection (a) shall be ordered to serve a period of
supervised release of not less than 5 years following release from
imprisonment. The conditions of supervised release and any modification
or revocation of the term of supervised release shall be in accordance
with section 3583.
``(c) Factors and Information To Be Considered in Determining
Whether To Modify a Term of Imprisonment.--The court, in determining
whether to reduce a term of imprisonment pursuant to subsection (a),
shall consider--
``(1) the factors described in section 3553(a), including
the nature of the offense and the history and characteristics
of the defendant;
``(2) the age of the defendant at the time of the offense;
``(3) a report and recommendation of the Bureau of Prisons,
including information on whether the defendant has
substantially complied with the rules of each institution in
which the defendant has been confined and whether the defendant
has completed any educational, vocational, or other prison
program, where available;
``(4) a report and recommendation of the United States
attorney for any district in which an offense for which the
defendant is imprisoned was prosecuted;
``(5) whether the defendant has demonstrated maturity,
rehabilitation, and a fitness to reenter society sufficient to
justify a sentence reduction;
``(6) any statement, which may be presented orally or
otherwise, by any victim of an offense for which the defendant
is imprisoned or by a family member of the victim if the victim
is deceased;
``(7) any report from a physical, mental, or psychiatric
examination of the defendant conducted by a licensed health
care professional;
``(8) the family and community circumstances of the
defendant at the time of the offense, including any history of
abuse, trauma, or involvement in the child welfare system;
``(9) the extent of the role of the defendant in the
offense and whether, and to what extent, an adult was involved
in the offense;
``(10) the diminished culpability of juveniles as compared
to that of adults, and the hallmark features of youth,
including immaturity, impetuosity, and failure to appreciate
risks and consequences, which counsel against sentencing
juveniles to the otherwise applicable term of imprisonment; and
``(11) any other information the court determines relevant
to the decision of the court.
``(d) Limitation on Applications Pursuant to This Section.--
``(1) Second application.--Not earlier than 5 years after
the date on which an order entered by a court on an initial
application under this section becomes final, a court shall
entertain a second application by the same defendant under this
section.
``(2) Final application.--Not earlier than 5 years after
the date on which an order entered by a court on a second
application under paragraph (1) becomes final, a court shall
entertain a final application by the same defendant under this
section.
``(3) Prohibition.--A court may not entertain an
application filed after an application filed under paragraph
(2) by the same defendant.
``(e) Procedures.--
``(1) Notice.--The Bureau of Prisons shall provide written
notice of this section to--
``(A) any defendant who has served not less than 19
years in prison for an offense committed and completed
before the defendant attained 18 years of age for which
the defendant was convicted as an adult; and
``(B) the sentencing court, the United States
attorney, and the Federal Public Defender or Executive
Director of the Community Defender Organization for the
judicial district in which the sentence described in
subparagraph (A) was imposed.
``(2) Crime victims rights.--Upon receiving notice under
paragraph (1), the United States attorney shall provide any
notifications required under section 3771.
``(3) Application.--
``(A) In general.--An application for a sentence
reduction under this section shall be filed as a motion
to reduce the sentence of the defendant and may include
affidavits or other written material.
``(B) Requirement.--A motion to reduce a sentence
under this section shall be filed with the sentencing
court and a copy shall be served on the United States
attorney for the judicial district in which the
sentence was imposed.
``(4) Expanding the record; hearing.--
``(A) Expanding the record.--After the filing of a
motion to reduce a sentence under this section, the
court may direct the parties to expand the record by
submitting additional written materials relating to the
motion.
``(B) Hearing.--
``(i) In general.--The court shall conduct
a hearing on the motion that has met statutory
requirements, at which the defendant and
counsel for the defendant shall be given the
opportunity to be heard.
``(ii) Evidence.--In a hearing under this
section, the court may allow parties to present
evidence.
``(iii) Defendant's presence.--At a hearing
under this section, the defendant shall be
present unless the defendant waives the right
to be present. The requirement under this
clause may be satisfied by the defendant
appearing by video teleconference.
``(iv) Counsel.--A defendant who is unable
to obtain counsel is entitled to have counsel
appointed to represent the defendant for
proceedings under this section, including any
appeal, unless the defendant waives the right
to counsel.
``(v) Findings.--The court shall state in
open court, and file in writing by adopting the
transcript as the final order of the court or
by uploading the judge's signature-approved
minute order, the reasons for granting or
denying a motion under this section.
``(C) Appeal.--The Government or the defendant may
file a notice of appeal in the district court for
review of a final order under this section. The time
limit for filing such appeal shall be governed by rule
4(a) of the Federal Rules of Appellate Procedure.
``(5) Report and recommendation from bureau of prisons.--
Upon the request of the court, the Bureau of Prisons shall
produce a report and recommendation pursuant to subsection
(c)(3).
``(f) Educational and Rehabilitative Programs.--A defendant who is
convicted and sentenced as an adult for an offense committed and
completed before the defendant attained 18 years of age may not be
deprived of any educational, training, or rehabilitative program that
is otherwise available to the general prison population.''.
(d) Table of Sections.--The table of sections for chapter 403 of
title 18, United States Code, is amended by inserting after the item
relating to section 5032 the following:
``5032A. Modification of an imposed term of imprisonment for violations
of law committed prior to age 18.''.
(e) Applicability.--The amendments made by this section shall apply
to any conviction entered before, on, or after the date of enactment of
this Act.
(f) Directive to Sentencing Commission.--Pursuant to its authority
under section 994(p) of title 28, United States Code, and in accordance
with this section, the United States Sentencing Commission shall review
and amend, if appropriate, its guidelines and its policy statements
with respect to youthful victim offenders to ensure that the guidelines
and policy statements are consistent with the amendments made by
subsections (a), (b), (c), and (d).
Subtitle B--Governmental Efforts To Prevent Human Trafficking
SEC. 121. PREVENTING TRAFFICKING IN PERSONS IN FEDERAL CONTRACTOR
SUPPLY CHAINS.
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--
(1) to the best of the knowledge and belief of the
contractor, neither the contractor, nor any of the agents or
subcontractors of the contractor (or any agents and
subcontractors thereof at any tier), has engaged during the
performance of the contract in any activities prohibited under
such clause, including billing the Government for any services
or supplies provided under the contract that were obtained or
performed in violation of the prohibited activities during the
contract period; and
(2) if any violations relating to any of the activities
prohibited under such clause have been found, the contractor or
subcontractor has taken the appropriate remedial and referral
actions.
SEC. 122. PRIORITY FOR ACCOMMODATION IN PLACES WITH POLICIES RELATING
TO SEVERE FORMS OF HUMAN TRAFFICKING.
(a) In General.--Subchapter I of chapter 57 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 5712. Priority for accommodation in places with certain policies
relating to severe forms of human trafficking
``(a) In General.--For the purpose of making payments under this
chapter for lodging expenses, each agency shall ensure that, to the
greatest extent practicable, commercial-lodging room nights in the
United States for employees of that agency are booked in a preferred
place of accommodation.
``(b) Eligibility as a Preferred Place of Accommodation.--To be
considered a preferred place of accommodation for the purposes of this
section, a hotel or motel shall--
``(1) enforce a zero-tolerance policy regarding severe
forms of trafficking in persons (as defined in section 103(11)
of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102(11))) made available by the Administrator of General
Services under subsection (c)(1), or a similar zero-tolerance
policy developed by the place of accommodation, demonstrated
by--
``(A) posting such policy in a nonpublic space
within the place of accommodation that is accessible by
all employees; or
``(B) including such policy in the employee
handbook;
``(2) have procedures in place, not later than 180 days
after the date of the enactment of this section, for employees
to identify and report any such exploitation according to
protocol identified in the employee training based on training
materials developed under subsection (c)(3) to the appropriate
law enforcement authorities, management of the preferred
accommodation, or the National Human Trafficking Hotline;
``(3) post the informational materials made available under
subsection (c)(3) in an appropriate nonpublic space within the
place of accommodation that is accessible by all employees;
``(4) review and update, as necessary, the zero-tolerance
policy, procedures, and informational materials at least every
two years prior to the due date for self-certifications;
``(5) require each employee who is physically located at
the place of accommodation and who is likely to interact with
guests, including security, front desk, housekeeping, room
service, and bell staff, to complete the training developed
under subsection (c)(2), or a training developed pursuant to
subsection (d), that shall--
``(A) take place not later than 90 days after the
starting date of the new employee, or in the case of an
employee hired before the effective date of this
section, not later than 90 days after the date of
enactment of this section;
``(B) include refresher trainings every two years;
and
``(C) include training on the identification of
possible cases of sexual exploitation of children and
procedures to report suspected abuse to the appropriate
authorities;
``(6) include a notice to all independent contractors in
any agreement affecting a property in the United States
negotiated or renewed on or after the date of enactment of this
section that states the following: `Federal law prohibits the
trafficking of humans under the Trafficking Victims Protection
Act (22 U.S.C. 7101 et seq.).'; and
``(7) ensure that the place of accommodation does not
retaliate against employees for reporting suspected cases of
such exploitation if reported according to protocol identified
in the employee training.
``(c) GSA Requirements.--The Administrator of General Services
shall--
``(1) make available on the website of the General Services
Administration, an up-to-date model zero tolerance policy for
places of accommodation regarding severe forms of trafficking
in persons (as defined in section 103(11) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. (11))), including
informational materials regarding such policy to be posted in
places of accommodation in nonpublic spaces;
``(2) make available on the website of the General Services
Administration an up-to-date list of Department of Homeland
Security, Department of Justice, and Department of State and
privately produced training programs that address the
identification of severe forms of human trafficking and
reporting to law enforcement authorities or the National Human
Trafficking Hotline;
``(3) in coordination with the Secretary of Homeland
Security's Blue Campaign, make available up-to-date training
materials on preventing severe forms of human trafficking and
informational materials to be posted in nonpublic spaces in
places of accommodation on spotting the signs of severe forms
of human trafficking and reporting possible incidences of such
exploitation, except that the Administrator shall permit the
use of substantially similar training materials or
informational materials required by State or local law on
identifying the signs of human trafficking and reporting
possible incidences of such exploitation in lieu of materials
developed under this paragraph; and
``(4) maintain a list of each preferred place of
accommodation that meets the requirements of subsection (b),
beginning by examining places of accommodation that are--
``(A) participating in government lodging programs
such as FedRooms (or successor system);
``(B) included on the FEMA Fire Safe List; or
``(C) otherwise known to have received government
travel business in the 2 years prior to enactment of
this section.
``(d) Training Programs.--A place of accommodation or lodging
company may use a training program developed or acquired by such place
of accommodation or company to satisfy the requirements of subsection
(b)(4) if such training program--
``(1) focuses on identifying and reporting suspected cases
of severe forms of human trafficking; and
``(2) was developed in consultation with State governments,
survivor leaders, survivor-led anti-trafficking organization,
or a nationally-recognized organization with expertise in anti-
trafficking initiatives.
``(e) Previously Trained Employees.--
``(1) Training prior to effective date.--Any employee of a
place of accommodation who has been trained to identify and
report potential cases of severe forms of human trafficking
during the 2-year period ending on the date of the enactment of
this section shall be considered to have met the training
requirement in subsection (b)(4) with respect to any employment
at that place of accommodation or at any another place of
accommodation managed by the same entity.
``(2) Training prior to a transfer of employment.--Any
employee of a place of accommodation who has met the training
requirements under subsection (b)(4) shall be considered to
have met such requirements with respect to any employment at a
place of accommodation managed by the same entity if such
training occurred during the 2-year period ending on the date
of the enactment of this section.
``(f) Property-by-Property Implementation.--
``(1) In general.--Each preferred place of accommodation
shall self-certify (in writing) to the Administrator of General
Services that such place is in compliance with the requirements
of this section. Such self-certification shall occur every 2
years beginning on the date of the enactment of this section.
The Administrator shall--
``(A) provide notice to each place of accommodation
regarding any self-certification required under this
subsection not later than the date that is 90 days
before the due date of such self-certification; and
``(B) report to the Committee on Oversight and
Reform of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs
of the Senate, not later than 2 years after the date of
the enactment of this section and every two years
thereafter--
``(i) each preferred places of
accommodation that submitted and did not submit
their self-certifications in the preceding 2
years; and
``(ii) the corresponding total numbers of
nights the government paid for Federal
employees in self-certified preferred places of
accommodation compared to preferred places of
accommodation that did not report self-
certification to the Administrator of General
Services.
``(2) Group certification.--A person or entity that manages
or franchises multiple places of accommodation may provide a
single notice with respect to self-certification under
subsection (a) that each such place is in compliance with this
section.
``(g) Statutory Construction.--No provision in this section that
applies to an employee of a place of accommodation shall be construed
to apply to an individual who is an independent contractor or otherwise
not directly employed by a place of accommodation, unless the contract
is for housekeeping, security, front desk, room service, or bell staff,
in which case it shall be the responsibility of the service provider to
ensure compliance with the requirements set forth in this section.
``(h) Regulations Required.--The Administrator of General Services
shall issue such regulations as are necessary to carry out this
section.''.
(b) Effective Date.--Section 5712(a) of title 5, United States Code
(as added by subsection (a)), shall take effect 180 days after the date
of the enactment of this Act.
(c) Clerical Amendment.--The table of sections for subchapter I of
chapter 57 of title 5, United States Code, is amended by adding at the
end the following new item:
``5712. Priority for accommodation in places with certain policies
relating to severe forms of human
trafficking.''.
SEC. 123. GOVERNMENT FINANCED AIR TRANSPORTATION WITH POLICIES RELATING
TO SEVERE FORMS OF HUMAN TRAFFICKING.
Section 40118 of title 49, United States Code, is amended by adding
at the end the following:
``(h) Additional Requirements for Domestic Air Carriers.--In
addition to other requirements of this section, air carriers that
contract to provide air transportation to the Federal Government shall
create policies related to severe forms of human trafficking subject to
the requirements of section 5712 of title 5 and subpart 22.17 of title
48, Code of Federal Regulations.''.
SEC. 124. ENSURING ANTI-TRAFFICKING-IN-PERSONS TRAININGS AND PROVISIONS
INTO CODES OF CONDUCT OF ALL FEDERAL DEPARTMENTS AND
EXECUTIVE AGENCIES.
(a) Findings.--Congress finds the following:
(1) Human trafficking is inimical to every Federal agency's
core values and inherently harmful and dehumanizing.
(2) Through the adoption of a Code of Conduct, Federal
agencies hold their personnel to similar standards that are
required of contractors and subcontractors of the agency under
Federal law.
(3) Human trafficking is a violation of human rights and
against Federal law.
(4) The United States Government seeks to deter activities
that would facilitate or support trafficking in persons.
(b) Sense of Congress on Implementation of Anti-Trafficking-in-
Persons Policies.--It is the sense of Congress that--
(1) every agency head should incorporate a module on human
trafficking into its staff training requirements and menu of
topics to be covered in the annual ethics training of the
agency beginning no later than 18 months after the date of the
enactment of this Act;
(2) both labor and sex trafficking should be covered in the
staff trainings and include how to prevent, identify, and
report trafficking in persons;
(3) agencies that already provide counter trafficking-in-
persons training for staff should share their curricula with
ones that do not have one;
(4) the head of each agency should inform all candidates
for employment about the anti-trafficking provisions in the
Code of Conduct of the agency;
(5) employees should also sign acknowledgment of the Code
of Conduct, and it should be kept in the file of the employee;
and
(6) violation of the Code of Conduct should lead to
disciplinary action up to and including termination of
employment.
(c) In General.--The President shall take such steps as may be
necessary to ensure that each officer and employee (including temporary
employees, persons stationed abroad while working for the United
States, and details from other agencies of the Federal Government) of
an agency in the executive branch of the Federal Government is subject
to a policy with a minimum standard that contains the following:
(1) A prohibition from engaging in any severe form of
trafficking in persons (as defined in section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102))
while employed by the Government in a full-time or part-time
capacity.
(2) A requirement that all Federal personnel, without
regard to whether the person is stationed abroad, be sensitized
to human trafficking and the ethical conduct requirements that
prohibit the procurement of trafficking in persons.
(3) A requirement that all such personnel be equipped with
the necessary knowledge and tools to prevent, recognize,
report, and address human trafficking offenses through a
training for new personnel and through regular refresher
courses offered every two years.
(4) A requirement that all such personnel report to the
applicable inspector general and agency trafficking in persons
point of contact any suspected cases of misconduct, waste,
fraud, or abuse relating to trafficking in persons.
(d) Timing.--The policy described in subsection (c)--
(1) shall be established or integrated into all applicable
employee codes of conduct not later than 18 months after the
date of the enactment of this Act;
(2) shall not replace any pre-existing code of conduct that
is more robust; and
(3) shall be signed by all applicable personnel (as
described in subsection (c)) not later than 2 years after such
date of enactment.
(e) Reporting.--The Office of Inspector General of a department or
agency, in consultation with the head of the agency, shall report to
Congress and the public, on an annual basis--
(1) the number of suspected violations reported;
(2) the number of investigations;
(3) the status and outcomes of such investigations; and
(4) when appropriate, recommend actions to improve the
programs and operations of the agency.
SEC. 125. PRIMARY PREVENTION RESEARCH AGENDA ON HUMAN TRAFFICKING.
The Secretary of Health and Human Services shall--
(1) direct the Centers for Disease Control and Prevention,
in coordination with the Attorney General, the Secretary of
Homeland Security, and the Secretary of Labor, to develop a
research agenda on primary prevention of human trafficking in
the United States, with additional consultation from a panel of
service providers, university researchers, advocates, human
trafficking prevention education experts, survivors, and faith-
based organizations; and
(2) not later than 1 year after the date of the enactment
of this Act, submit to Congress a report that includes--
(A) a list of panel members and the organization or
institute they represent, if any;
(B) a description of the research agenda developed
under paragraph (1) and a plan to implement that
agenda; and
(C) recommendations for priorities in carrying out
that agenda to most effectively advance knowledge about
and means by which to prevent or reduce trafficking in
persons in the United States.
SEC. 126. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON ACCESSIBILITY OF
MENTAL HEALTH SERVICES.
(a) In General.--The Comptroller General of the United States shall
coordinate with the National Institute of Justice and Agency for
Healthcare Research and Quality to conduct a study on the accessibility
of mental health services for survivors of trafficking in the United
States, based on various ages.
(b) Topics.--The study under subsection (a) shall address each of
the following:
(1) To determine the percentage of survivors of
trafficking, based on various ages, that access mental health
care.
(2) To determine the percentage of survivors of trafficking
that access victim compensation or direct victim assistance for
mental health care.
(3) To determine other sources of funding for survivors of
trafficking to access mental health care.
(4) To determine reasons survivors access mental health
care.
(5) To determine length of time survivors participate in
mental health care.
(6) To determine reasons survivors do not access,
interrupt, or do not continue mental health services.
(7) To determine survivor access to mental health care
providers specialized in treating, as applicable, children and
complex post-traumatic stress disorder.
(8) To collect data from trafficking survivors on their
experiences in accessing mental health care and the extent of
their challenges in accessing it.
(9) To make recommendations to improve access to mental
health care for survivors of trafficking, including for
specific age groups, ethnic and racial minority populations,
and other identified populations that experience mental health
disparity.
(c) Report.--The Comptroller General shall submit a report to
Congress and the public findings based on (b) not later than 3 years
after the date of the enactment of this Act.
SEC. 127. EMPOWERING THE DEPARTMENT OF JUSTICE TO INVESTIGATE
CYBERCRIME RELATED TO TRAFFICKING IN PERSONS.
(a) In General.--Notwithstanding section 5373 of title 5, United
States Code, the Attorney General is authorized to pay an increased
rate of basic pay or bonuses to each employee of the Department of
Justice holding a position that requires significant cyber skills and
that aids in the protection of trafficking victims, prevention of
trafficking in persons, and prosecution of buyers and traffickers, as
determined by the Attorney General.
(b) Attorney General Discretion.--A covered employee may, as
determined appropriate by the Attorney General and subject to the
availability of appropriations, be paid--
(1) a rate of basic pay determined under subsection (c); or
(2) bonuses in accordance with subsection (d).
(c) Increased Rate of Basic Pay.--
(1) In general.--The rate of basic pay of a covered
employee determined under this subsection shall be equal to the
rate of basic pay that would be applicable for such covered
employee without regard to this section times a multiplier
determined under paragraph (2).
(2) Multiplier determination.--The multiplier determined
under this paragraph shall be between 1 and 1.25 and shall be
determined by the Attorney General on a case-by-case basis for
each covered employee.
(3) Maximum rate.--The rate of basic pay of a covered
employee determined under this subsection may not exceed the
rate payable for level I of the Executive Schedule.
(d) Bonus Payments.--
(1) In general.--Except as otherwise provided in this
section, bonuses paid to a covered employee shall be in such
amounts and at such frequency as determined appropriate by the
Attorney General.
(2) Limits.--No bonus may be paid under this section to a
covered employee in a calendar year if, or to the extent that,
when added to the total basic pay paid or payable to such
covered employee for service performed in such calendar year as
a covered employee (including any applicable locality-based
comparability payment under section 5304 of title 5, United
States Code, or similar provision of law and any applicable
special rate of pay under section 5305 of such title or similar
provision of law), such payment would cause the total to exceed
the annual rate of basic pay payable for level I of the
Executive Schedule, as of the end of such calendar year.
(3) Bonus pay treatment.--No part of any bonus paid to a
covered employee under this section shall be part of the basic
pay of such covered employee.
(e) Covered Employee Defined.--In this section, the term ``covered
employee'' means an employee described in subsection (a).
SEC. 128. SENSE OF CONGRESS ON THE ESTABLISHMENT OF A WHITE HOUSE
SPECIAL ADVISOR FOR HUMAN TRAFFICKING.
It is the sense of Congress that--
(1) there should be within the staff of the Domestic Policy
Council a Special Advisor to the President on Human
Trafficking, whose position should be comparable to that of a
director within the Executive Office of the President;
(2) the Special Advisor should serve as the czar on the
President's domestic and international anti-trafficking in
persons policy priorities, be a resource for executive branch
officials, ensure implementation of the Trafficking Victims
Protection Act of 2000 within Federal departments and agencies,
and make further policy recommendations; and
(3) the Special Advisor should serve as liaison to the
White House for designated Federal representatives for
countering trafficking in persons.
Subtitle C--Monitoring Child, Forced, and Slave Labor
SEC. 131. ENCOURAGING STATE AND LOCAL CRIME-TIP ORGANIZATIONS TO REWARD
TIPS FOR FIGHTING HUMAN TRAFFICKING.
Section 524(c)(1) of title 28, United States Code, is amended--
(1) in subparagraph (H), by striking ``and'' at the end;
(2) in subparagraph (I), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(J) at the discretion of the Attorney General,
payments to reimburse operating expenses and program
costs incurred by crime-tip organizations that annually
waive their qualification for awards for information
leading to forfeiture under subparagraph (C), annually
waive their qualification for receiving payment from
equitably shared forfeiture funds, and offer rewards
for information about violations of Federal criminal
laws against human trafficking.''.
SEC. 132. TRANSPARENCY IN ANTI-TRAFFICKING EXPENDITURES.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and not later than October 1 of each of the
following 5 years, the head of each Federal department or agency to
which amounts are appropriated for the purpose of awarding grants for
anti-trafficking in persons, and the head of each Federal department
and agency contributing to the annual congressional earmark for
counter-trafficking in persons shall publish on their public websites,
with respect to the prior fiscal year--
(1) each obligation or expenditure of Federal funds for the
purpose of combating human trafficking and forced labor; and
(2) subject to subsection (b) and with respect to each such
obligation or expenditure, the name of a primary recipient, and
any subgrantees, and their project location, activity, award
amounts, and award periods.
(b) Exception for Security Concerns.--If the head of a Federal
department or agency determines that a primary recipient or subgrantee
for purposes of subsection (a) has a security concern, the award
recipients shall not be publicly identified pursuant to subsection
(a)(2) and only the activity, award amounts, and award periods shall be
publicly listed pursuant to such subsection.
SEC. 133. SENSE OF CONGRESS ON UNITED STATES COMPANIES ADOPTING
COUNTER-TRAFFICKING-IN-PERSONS POLICIES.
It is the sense of Congress that--
(1) companies headquartered or doing business in the United
States that are not defined as a small business according to
the Small Business Administration should adopt a written policy
not later than 18 months after the date of the enactment of
this Act that prohibits trafficking in persons, is published
annually, and is accessible in a prominent place on their
public website;
(2) such policy should expressly prohibit the company, its
employees, or agents from, at a minimum--
(A) engaging in severe forms of trafficking in
persons;
(B) using forced labor for the development,
production, shipping, or sale of its goods or services;
(C) destroying, concealing, confiscating, or
otherwise denying access by an employee to the
employee's identity or immigration documents, such as
passports or drivers' licenses, regardless of issuing
authority;
(D) using misleading or fraudulent practices during
the recruitment of employees or offering of employment,
such as failing to disclose, in a format and language
understood by the employee or potential employee, basic
information, or making material misrepresentations
during the recruitment of employees regarding the key
terms and conditions of employment, including wages and
fringe benefits, the location of work, the living
conditions, housing and associated costs (if employer-
or agent-provided or arranged), any significant costs
to be charged to the employee or potential employee,
and, if applicable, the hazardous nature of the work;
(E) using recruiters that do not comply with local
labor laws of the country in which the recruiting takes
place;
(F) charging employees or potential employees
recruitment fees;
(G) providing or arranging housing that fails to
meet the host country housing and safety standards; and
(H) failing to provide an employment contract,
recruitment agreement, or other required work document
in writing in a language the employee understands (and
is provided to the employee at least five days prior to
the employee relocating if required to perform the
work), that includes details about work description,
wages, prohibition on charging recruitment fees, work
location(s), living accommodations and associated
costs, time off, round-trip transportation
arrangements, grievance processes, and the content of
applicable laws and regulations that prohibit
trafficking in persons; and
(3) contracting officers should consider the risk that the
contract or subcontract will involve services or supplies
susceptible to trafficking in persons, and the number of non-
United States citizens expected to be employed, when deciding
whether to require work documents in the contract.
SEC. 134. AMENDMENTS TO THE CHILD ABUSE PREVENTION AND TREATMENT ACT.
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 through the end of the paragraph and inserting ``a victim
of `child abuse and neglect' and `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.''.
SEC. 135. SENSE OF CONGRESS ON CRITERIA FOR CLASSIFYING VICTIMS OF
CHILD SEX TRAFFICKING.
It is the sense of Congress that--
(1) all States (including the District of Columbia) and
territories should eliminate the requirement for third-party
control to properly qualify a child as a victim of sex
trafficking, to aid in the identification and prevention of
child sex trafficking, protect children, and appropriately
prosecute perpetrators to the fullest extent of the law; and
(2) a person is qualified as a victim of child sex
trafficking if such person is a victim, as a child, of severe
forms of trafficking in persons as defined in section 103 of
the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102).
SEC. 136. AMENDMENTS TO SOCIAL SECURITY ACT.
(a) Modification to State Plans.--Section 471(a) of the Social
Security Act (42 U.S.C. 671(a)) is amended--
(1) in paragraph (9)(C)(i)(I), by striking ``sex
trafficking victim'' and inserting ``sex or labor trafficking
victim'';
(2) in paragraph (34), by striking ``sex trafficking
victims'' each place it appears and inserting ``sex or labor
trafficking victims'';
(3) in subparagraph (35)(A)(iii), by striking ``possible
sex trafficking victim'' and inserting ``possible sex or labor
trafficking victim''; and
(4) in paragraph (35)(B), by striking the semicolon at the
end and inserting the following: ``, the State agency shall
maintain regular communication with law enforcement and the
National Center for Missing and Exploited Children in efforts
to provide a safe recovery of the missing child, including by
sharing information pertaining to the child's recovery and
circumstances related to the recovery, and the State report
submitted to law enforcement and NCMEC shall include where
reasonably possible--
``(i) a photo of the missing child;
``(ii) physical features, such as height,
weight, sex, ethnicity, race, hair color, and
eye color; and
``(iii) endangerment information, such as
pregnancy status, prescription medications,
suicidal tendencies, vulnerability to being sex
trafficked, and other health or risk
factors.''.
(b) Modification to Definitions.--Paragraph (9) of section 475 of
such Act (42 U.S.C. 675) is amended to read as follows:
``(9) The term `sex or labor trafficking victim' has the
meaning given the term `victim of a severe form of trafficking
in persons' under section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102).''.
SEC. 137. MODIFICATIONS TO DATA REPORTING FOR CONTINUED PRESENCE AND
THE T-VISA APPLICATION.
Section 105(d) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7103(d)) is amended by adding at the end the following:
``(8) The following data included in the report required by
paragraph (7) shall be disaggregated by type of trafficking
(labor, sex, both, or unknown) and should also be captured in
reports from any Federal, State, local, or tribal agencies that
receive Federal counter-trafficking in persons funding:
``(A) The number of requests for continued presence
that were received from or on behalf of potential
trafficking victims and whether each request was filed
or not and if filed, approved or denied.
``(B) The month and year of filing the continued
presence request in each applicable case.
``(C) The reasons for failing to file a continued
presence request in each applicable case.
``(D) The reasons for denial of request for
continued presence in each applicable case.
``(E) Whether or not an investigation was initiated
into each potential human trafficking case described in
subparagraph (A) and if not, the reasons for not
initiating an investigation.
``(F) The number of requests for T-visa
certifications that were received from or on behalf of
potential trafficking victims and the outcomes of their
requests, indicating whether a T-visa certification was
provided or not.
``(G) The month and year of submission of the T-
visa certification request for approval in each
applicable case.
``(H) The reasons for denying T-visa certification
requests in each applicable case.
``(I) Whether an investigation was initiated into
each potential human trafficking case described in
subparagraph (F).''.
SEC. 138. ESTABLISHMENT OF REPORTING REQUIREMENT ON COUNTER-TRAFFICKING
IN PERSONS FOR DEPARTMENT OF DEFENSE.
Not later than September 30, 2023, and once every 4 fiscal years
thereafter, the Secretary of Defense, in consultation with the Office
of the Under Secretary of Defense for Personnel and Readiness shall
submit to Congress and make available to the general public a report on
the Department's progress in implementing Department of Defense
Instruction 2200.01, ``Combating Trafficking in Persons'', as updated
and entered into effect on June 21, 2019, in accordance with authority
under Department of Defense Directive 5124.02, including specifically
with respect to sections 2.2h, 2.2i, 2.2j, 2.2k, 2.8, 2.9, 2.10, 2.11,
and 2.12 of such document.
SEC. 139. ESTABLISHMENT OF INVESTIGATION UNITS ON FORCED LABOR AT THE
DEPARTMENT OF JUSTICE AND THE DEPARTMENT OF HOMELAND
SECURITY.
(a) Department of Justice.--Not later than 2 years after the date
of enactment of this Act, the Attorney General shall establish a team
of 10 agents within the Department of Justice Civil Rights Unit of the
Federal Bureau of Investigation to be assigned to exclusively
investigate labor trafficking. There are authorized to be appropriated
to carry out this subsection for each of fiscal years 2022 to 2026,
$2,000,000, to remain available until expended.
(b) Department of Homeland Security.--Not later than 2 years after
the date of enactment of this Act, the Secretary of Homeland Security
shall establish a team of 10 agents within the Department of Homeland
Security Center for Countering Human Trafficking to be assigned to
exclusively investigate labor trafficking. There are authorized to be
appropriated to carry out this subsection for each of fiscal years 2022
to 2026, $2,000,000, to remain available until expended.
SEC. 140. SENSE OF CONGRESS ON SUBMISSION OF DEPARTMENT OF JUSTICE
REPORTS ON TIME.
It is the sense of Congress that the Department of Justice has
failed to meet reporting requirements under title IV of the Trafficking
Victims Protection Act of 2017 (34 U.S.C. 10101) and that progress on
critical data collection on human trafficking and crime reporting are
in jeopardy as a result of such failure and must be addressed
immediately.
SEC. 141. SENSE OF CONGRESS ON REQUIRING CHILD WELFARE AGENCIES TO
REPORT INFORMATION ON MISSING AND ABDUCTED FOSTER
CHILDREN AND YOUTH.
It is the sense of Congress that--
(1) each State child welfare agency should prioritize
developing and implementing protocols to comply with section
471(1)(35)(B) of the Social Security Act (42 U.S.C.
671(a)(35)(B));
(2) report the information it receives on missing or
abducted foster children and youth to the National Center on
Missing and Exploited Children (NCMEC) and to law enforcement
authorities for inclusion in the FBI's National Crime
Information Center database, in accordance with subparagraphs
(A) and (B) of section 471(a)(34) of the Social Security Act
(42 U.S.C. 671(a)(34));
(3) such reports must be made immediately (and in no case
later than 24 hours) after the information is received; and
(4) such reports to the Secretary of the Department of
Health and Human Services were required to start on September
30, 2016, and annual reports were required to start on
September 30, 2017, by such section 471(a)(34), to provide
total number of children and youth who are sex trafficking
victims.
TITLE II--FIGHTING HUMAN TRAFFICKING ABROAD
SEC. 201. AMENDMENTS TO THE INTERNATIONAL MEGAN'S LAW.
(a) Periodic Information Sharing.--Section 4(e)(3) of the
International Megan's Law to Prevent Child Exploitation and Other
Sexual Crimes Through Advanced Notification of Traveling Sex Offenders
(34 U.S.C. 21503(e)(3)) is amended by adding at the end the following
new subparagraph:
``(E) Bi-annual information sharing.--Not later
than 1 year after the date of the enactment of this
Act, and each October 1 and April 1 thereafter, the
Center shall obtain from each country participating in
the visa waiver program a list of covered sex offenders
who are citizens or nationals of such countries. Such
information shall be obtained to the extent feasible
with respect to both convicted and registered sex
offenders. The Center may reciprocate, as appropriate,
with such information relating to covered sex offenders
who are citizens or nationals of the United States.''.
(b) Definitions.--Section 4(f)(2) of the International Megan's Law
to Prevent Child Exploitation and Other Sexual Crimes Through Advanced
Notification of Traveling Sex Offenders (34 U.S.C. 21503(f)) is amended
by inserting ``or would have to register if the individual returned to
that jurisdiction after departing it to reside outside the United
States,'' after ``jurisdiction''.
(c) Conforming Amendment.--Section 240(b) of Public Law 110-457 (22
U.S.C. 212b(b)) is amended by adding at the end the following:
``(3) Clarification with respect to continuing
registration.--A person may not be issued or reissued a
passport without a unique identifier solely because the person
has moved or otherwise resides outside the United States.''.
SEC. 202. AMENDMENT TO THE GENERALIZED SYSTEM OF PREFERENCES.
Section 502(b) of the Trade Act of 1974 (19 U.S.C. 2462(b)) is
amended by adding at the end the following new paragraph:
``(3) Failure to meet minimum standards for the elimination
of human trafficking.--
``(A) Tier 3 countries.--
``(i) Prohibition on designation.--During
the 1-year period beginning on the date that is
90 days after the date of the submission of an
annual report on trafficking in persons, the
President may not designate any country as a
beneficiary developing country under this title
if that country is also listed as a Tier 3
country in such report.
``(ii) Suspension of designation.--Not
later than 90 days after the date of the
submission of an annual report on trafficking
in persons, the President shall suspend for one
year any previous designation of a country as a
beneficiary developing country under this title
if the country is listed as a Tier 3 country in
such report.
``(iii) Waiver.--
``(I) In general.--The President
may waive the prohibition under clause
(i) or a suspension under clause (ii)
with respect to a country if, not later
than 90 days after the date of the
submission of the applicable annual
report on trafficking in persons, the
President certifies to the appropriate
congressional committees that the
government of such country has taken
concrete actions to implement the
principal recommendations with respect
to that country in such report.
``(II) Requirements for
certification.--A certification
submitted pursuant to subclause (I)
with respect to a country shall--
``(aa) include a
description of the concrete
actions that the government of
the country has taken to
implement the principal
recommendations described in
the annual report on
trafficking in persons;
``(bb) be accompanied by
supporting documentation
providing credible evidence of
each such concrete action,
including copies of relevant
laws or regulations adopted or
modified and any enforcement
actions taken, where
appropriate;
``(cc) include a
certification that none of the
eligible articles originating
from the country are included
on the list of goods produced
by child labor or forced labor
maintained by the Department of
Labor and that all such
eligible articles are otherwise
reasonably believed to be free
of forced labor;
``(dd) include any public
comments received from civil
society organizations with
respect to the laws and
practices of the country
regarding trafficking in
persons; and
``(ee) be published in the
Federal Register.
``(III) Limitation.--The President
may not exercise the waiver authority
under this clause with respect to a
country for more than three consecutive
years.
``(B) Tier 2 watch list countries.--Not later than
90 days after the submission of an annual report on
trafficking in persons, the President shall notify the
government of each Generalized System of Preferences'
country listed as a Tier 2 watch list country in such
report that a downgrade to the classification of the
country to classification as a Tier 3 country in the
next annual report on trafficking in persons will
result in--
``(i) a suspension of the designation of
the country as a beneficiary developing
country; and
``(ii) the ineligibility of the country for
designation as a beneficiary developing
country.
``(C) Definitions.--For purposes of this paragraph:
``(i) Annual report on trafficking in
persons.--The term `annual report on
trafficking in persons' means the annual report
on trafficking in persons required under
section 110(b)(1) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107(b)(1)).
``(ii) Appropriate congressional
committees.--The term `appropriate
congressional committees' means--
``(I) the Committee on Ways and
Means and the Committee on Foreign
Affairs of the House of
Representatives; and
``(II) the Committee on Finance and
the Committee on Foreign Relations of
the Senate.
``(iii) Tier 2 watch list country.--The
term `Tier 2 watch list country' means a
country listed in an annual report on
trafficking in persons pursuant to section
110(b)(2)(A) of the Trafficking Victims
Protection Act of 2000.
``(iv) Tier 3 country.--The term `Tier 3
country' means a country listed in an annual
report on trafficking in persons pursuant to
section 110(b)(1)(C) of the Trafficking Victims
Protection Act of 2000.''.
SEC. 203. UNITED STATES SUPPORT FOR INTEGRATION OF ANTI-TRAFFICKING IN
PERSONS INTERVENTIONS IN MULTILATERAL DEVELOPMENT BANKS.
(a) Requirements.--The Secretary of the Treasury, in consultation
with the Secretary of State acting through the Ambassador at Large for
Monitoring and Combating Trafficking in Persons, shall instruct the
United States Executive Director of each multilateral development
bank--
(1) to vote against proposed projects in Tier 2 Watch List
and Tier 3 countries (as such terms are defined for purposes of
section 110 of the Trafficking Victims Protection Act of 2000)
unless there is a counter-trafficking strategy, including
assessment and mitigation efforts as needed, as part of the
project; and
(2) to initiate discussions with the other executive
directors and management of the respective multilateral
development bank to--
(A) further develop anti-trafficking in persons
provisions in relevant project development, safeguards,
procurement, and evaluation policies;
(B) employing a risk-based approach, require human
trafficking risk assessments and integration plans as a
routine part of developing projects through existing,
forthcoming, or new mechanisms and processes;
(C) support analyses of the impact of severe forms
of trafficking in persons on key indicators of economic
and social development and of the benefits of reducing
human trafficking on economic and social development;
(D) support the proactive integration of effective
anti-trafficking interventions into projects with the
objectives of enhancing development outcomes and
reducing the incidence of severe forms of trafficking
in project areas;
(E) increase the capacity of multilateral
development banks and of recipient governments to
conduct human trafficking risk assessments and
integrate anti-trafficking in persons interventions
into projects;
(F) support the development of meaningful risk
mitigation and reduction policies, regulations, and
strategies within the multilateral development banks to
reduce the incidence and prevalence of severe forms of
trafficking in persons and enhance development outcomes
that may be improved by reducing the incidence and
prevalence of human trafficking; and
(G) support the inclusion of human trafficking risk
analysis in the development of relevant country
strategies by each multilateral development bank.
(b) Briefings.--The Secretary of the Treasury shall make relevant
officials available to brief the Committee on Foreign Relations of the
Senate, the Committee on Appropriations of the Senate, the Committee on
Financial Services of the House of Representatives, and the Committee
on Appropriations of the House of Representatives on the implementation
of this section.
SEC. 204. MODIFICATIONS TO PROGRAM TO END MODERN SLAVERY GRANTS.
(a) In General.--Section 1298 of the National Defense Authorization
Act for Fiscal Year 2017 (22 U.S.C. 7114) is amended as follows:
(1) In subsection (a)(1), by striking ``Not later than 90
days after the date of the enactment of this Act'' and
inserting ``Not later than 90 days after the date of the
enactment of the Frederick Douglass Trafficking Victims
Prevention and Protection Reauthorization Act of 2021''.
(2) In subsection (g)(2), by striking ``2020'' and
inserting ``2026''.
(3) In subsection (h)(1), by striking ``Not later than
September 30, 2018, and September 30, 2020'' and inserting
``Not later than September 30, 2022, and September 30, 2026''.
(b) Eligibility.--To be eligible for funding under the Program to
End Modern Slavery, a grant recipient shall publish the names of all
subgrantee organizations on the recipient's website or, if the
subgrantee organization expresses a security concern, the grant
recipient shall transmit the names of all subgrantee organizations in a
classified annex to the chairs of the appropriate congressional
committees defined in section 1298(i) of the National Defense
Authorization Act of 2017 (22 U.S.C. 7114(i)).
(c) Award of Funds.--All grants--
(1) shall be awarded on a competitive basis; and
(2) subject to the regular congressional notification
procedures applicable with respect to grants made available
under section 1298(b) of the National Defense Authorization Act
of 2017 (22 U.S.C. 7114(b)).
(d) Sunset.--The Program to End Modern Slavery shall sunset at the
end of fiscal year 2026.
(e) Congressional Review.--The Secretary of State shall, on request
of any of the appropriate committees defined by section 1298(i) of the
National Defense Authorization Act of 2017 (22 U.S.C. 7114(i)), make
available any contract or other agreement relating to the Program to
End Modern Slavery.
SEC. 205. AMENDMENTS TO TIER STANDARDS.
(a) Modifications to Tier 2 Watch List.--Subsection (b)(2) of
section 110 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7107), is amended--
(1) in the heading, by striking ``special'' and inserting
``Tier 2''; and
(2) by amending subparagraph (A) to read as follows:
``(A) Submission of list.--Not later than the date
on which the determinations described in subsections
(c) and (d) are submitted to the appropriate
congressional committees in accordance with such
subsections, the Secretary of State shall submit to the
appropriate congressional committees a list of
countries that the Secretary determines requires
special scrutiny during the following year. The list
shall be composed of countries that have been listed
pursuant to paragraph (1)(B) pursuant to the current
annual report because--
``(i) the estimated number of victims of
severe forms of trafficking is very significant
or is significantly increasing and the country
is not taking proportional concrete actions; or
``(ii) there is a failure to provide
evidence of increasing efforts to combat severe
forms of trafficking in persons from the
previous year, including increased
investigations, prosecutions and convictions of
trafficking crimes, increased assistance to
victims, and decreasing evidence of complicity
in severe forms of trafficking by government
officials.''.
(b) Modification to Special Rule for Downgraded and Reinstated
Countries.--Subsection (b)(2)(F) of such section 110 is amended--
(1) in the matter preceding clause (i), by striking ``the
special watch list'' and all that follows through ``the
country--'' and inserting ``the Tier 2 watchlist described in
subparagraph (A) for more than 1 year immediately after the
country consecutively--'';
(2) in clause (i), in the matter preceding subclause (I),
by striking ``the special watch list described in subparagraph
(A)(iii)'' and inserting ``the Tier 2 watch list described in
subparagraph (A)''; and
(3) in clause (ii), by inserting ``in the year following
such waiver under subparagraph (D)(ii)'' before the period at
the end.
(c) Conforming Amendments.--Subsection (b) of such section 110 is
amended as follows:
(1) In paragraph (2), as amended by subsection (a)--
(A) in subparagraph (B), by striking ``special
watch list'' and inserting ``Tier 2 watch list'';
(B) in subparagraph (C), by striking ``special
watch list'' and inserting ``Tier 2 watch list''; and
(C) in subparagraph (D)--
(i) in the heading, by striking ``Special
watch list'' and inserting ``Tier 2 watch
list''; and
(ii) in clause (i), by striking ``special
watch list'' and inserting ``Tier 2 watch
list''.
(2) In paragraph (3)(B), in the matter preceding clause
(i), by striking ``clauses (i), (ii), and (iii) of''.
(3) In paragraph (4)--
(A) in subparagraph (A), in the matter preceding
clause (i), by striking ``each country described in
paragraph (2)(A)(ii)'' and inserting ``each country
described in paragraph (2)(A)''; and
(B) in subparagraph (D)(ii), by striking ``the
Special Watch List under paragraph (2)'' and inserting
``the Tier 2 watch list under paragraph (2)''.
(d) Modifications to Factors for Consideration for Minimum
Standards for Elimination of Human Trafficking.--Paragraph (12) of
section 108(b) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7106(b)) is amended to read as follows:
``(12) Whether the government of the country has made
serious and sustained efforts to--
``(A) prohibit the purchase of commercial sex acts,
to the extent such prohibition is within the authority
of such government, or implement a policy against the
purchase of commercial sex acts, if such prohibition
cannot be instituted;
``(B) educate buyers of commercial sex on how
traffickers exploit prostituted persons for human
trafficking;
``(C) reduce demand for participation in
international sex tourism by nationals of the country,
including through arrests, prosecutions, and
convictions; and
``(D) ensure that anti-trafficking-in-persons
training and provisions are incorporated into codes of
conduct for the staff of the government, to the extent
that such ability is within the authority of the
government.''.
SEC. 206. EXPANDING PREVENTION EFFORTS AT THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT.
(a) In General.--In order to increase the prevention efforts by the
United States abroad, the Administrator of the United States Agency for
International Development will ensure integration of activities to
counter trafficking in persons (C-TIP) into broader assistance
programming. The Administrator shall--
(1) determine a reasonable definition for the term ``C-TIP
Integrated Development Programs'', which shall include any
programming to address health, economic development, education,
democracy and governance, and humanitarian assistance that the
Administrator determines includes a sufficient counter-
trafficking in persons element integrated in the program design
or delivery;
(2) ensure that any program design or delivery that may
directly serve victims and survivors of trafficking in persons
is age-appropriate, linguistically accessible, culturally
responsive, and survivor- and trauma-informed, and provides for
satisfaction surveys to be completed by the beneficiaries
receiving such services;
(3) ensure that each USAID mission integrates a counter-
trafficking in persons perspective and specific actionable
component into development programs, project design, and
methods for program monitoring and evaluation, when addressing
a range of development issues, including--
(A) health;
(B) economic development;
(C) education;
(D) democracy and governance; and
(E) humanitarian assistance;
(4) implement robust training and disseminate tools around
the integration of a counter-trafficking perspective and
awareness in the day-to-day work of development professionals;
and
(5) ensure that subsequent Country Development Cooperation
Strategies include a counter-trafficking in persons analytic
component to guide future project design and promote the
inclusion of counter-trafficking elements in project design,
implementation, monitoring and evaluation.
(b) Amendments to the Foreign Assistance Act of 1961.--The Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended as follows:
(1) In section 102(b)(4)--
(A) in subparagraph (F), by striking ``; and'' and
inserting a semicolon;
(B) by striking the period at the end of
subparagraph (G) and inserting ``; and''; and
(C) by adding at the end the following:
``(H) effective counter-trafficking in persons
policies and programs.''.
(2) In section 491(d)--
(A) by striking ``shall insure that'' and inserting
``shall ensure--
``(1) that'';
(B) by striking the period at the end and inserting
a semicolon; and
(C) by adding at the end the following:
``(2) to the greatest extent possible, that carrying out
these provisions does not create or contribute to conditions
that can be reasonably expected to lead to an increase in the
trafficking in persons of potential victims who are in
conditions of heightened vulnerability as a result of natural
and manmade disasters; and
``(3) where feasible, that remedies for such vulnerability
are integrated into the execution of these provisions.''.
SEC. 207. MODIFICATION TO CRITERIA FOR THE IMPOSITION OF SANCTIONS
UNDER THE GLOBAL MAGNITSKY HUMAN RIGHTS ACCOUNTABILITY
ACT.
Section 1263(a) of the National Defense Authorization Act for
Fiscal Year 2017 (22 U.S.C. 2656 note) is amended--
(1) in paragraph (3), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (4), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(5) is convicted of a severe form of trafficking in
persons, as such term is defined in section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105).''.
TITLE III--AUTHORIZATION OF APPROPRIATIONS
SEC. 301. EXTENSION OF AUTHORIZATIONS UNDER THE VICTIMS OF TRAFFICKING
AND VIOLENCE PROTECTION ACT OF 2000.
Section 113 of the Victims of Trafficking and Violence Protection
Act of 2000 (22 U.S.C. 7110) is amended--
(1) in subsection (a), by striking ``2018 through 2021,
$13,822,000'' and inserting ``2022 through 2026, $16,000,000'';
(2) in subsection (b)(1)--
(A) by striking ``To carry out the purposes of
sections 106(b) and 107(b),'' and inserting ``To carry
out the purposes of sections 106(b) and 107(b) of this
Act and section 102 of the Frederick Douglass
Trafficking Victims Prevention and Protection
Reauthorization Act of 2021,''; and
(B) by striking ``$19,500,000'' and all that
follows, and inserting ``$23,000,000 for each of the
fiscal years 2022 through 2026, of which $5,000,000 is
authorized to be appropriated in each fiscal year for
the National Human Trafficking Hotline and for
cybersecurity and public education campaigns, in
consultation with the Secretary of Homeland Security,
for identifying and responding as needed to cases of
human trafficking.'';
(3) in subsection (b)(2), by striking ``2018 through 2021''
and inserting ``2022 through 2026'';
(4) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``2018 through 2021, $65,000,000'' and
inserting ``2022 through 2026, $99,000,000, of which
$22,000,000 shall be made available each fiscal year to
the United States Agency for International
Development'';
(B) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(C) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following new
subparagraph:
``(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 2026.'';
(5) in subsection (d)--
(A) in paragraph (1), by striking ``2018 through
2021'' and inserting ``2022 through 2026, of which
$35,000,000 is authorized to be appropriated for each
fiscal year for the Office of Victims of Crime Housing
Assistance Grants for Victims of Human Trafficking'';
and
(B) in paragraph (3), by striking ``$11,000,000 to
the Attorney General for each of the fiscal years 2018
through 2021'' and inserting ``$11,000,000 to the
Attorney General for each of the fiscal years 2022
through 2026'';
(6) in subsection (f), by striking ``2018 through 2021''
and inserting ``2022 through 2026''; and
(7) in subsection (i)--
(A) by striking ``2018 through 2021'' and inserting
``2022 through 2026''; and
(B) by inserting ``of which $2,000,000 is
authorized to be appropriated for each fiscal year for
the establishment of a labor trafficking investigation
team within the Department of Homeland Security Center
for Countering Human Trafficking and with remaining
funds'' after ``expended''.
SEC. 302. EXTENSION OF AUTHORIZATIONS UNDER THE INTERNATIONAL MEGAN'S
LAW.
Section 11 of the International Megan's Law to Prevent Child
Exploitation and Other Sexual Crimes Through Advanced Notification of
Traveling Sex Offenders (34 U.S.C. 21509) is amended by striking ``2018
through 2021'' and inserting ``2022 through 2026''.
SEC. 303. EXTENSION OF AUTHORIZATIONS FOR THE HUMAN EXPLOITATION RESCUE
OPERATION CHILD-RESCUE CORPS PROGRAM.
Section 890A(g)(2) of the Homeland Security Act of 2002 (6 U.S.C.
473(g)(2)) is amended by striking ``2019 through 2022'' and inserting
``2022 through 2026''.
SEC. 304. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE DEPARTMENT
OF LABOR BUREAU OF INTERNATIONAL LABOR AFFAIRS.
(a) Bureau of International Labor Affairs.--There is authorized to
be appropriated to the Bureau of International Labor Affairs of the
Department of Labor to carry out the activities described in section
105(b)(2)(C) of the Trafficking Victims Protection Reauthorization Act
of 2005 (22 U.S.C. 7112(b)(2)(C)) $7,000,000 for each of fiscal years
2022 to 2026.
(b) Bridge Project.--There is authorized to be appropriated
$8,500,000, for each of fiscal years 2022 to 2026, to such Bureau of
International Labor Affairs for the ``From Protocol to Practice: A
Bridge to Global Action on Forced Labor (The Bridge Project)'',
implemented by the International Labor Organization.
(c) FLIP Project.--There is authorized to be appropriated
$6,000,000, for each of fiscal years 2022 through 2026, to such Bureau
of International Labor Affairs for the ``Combating Forced Labor and
Labor Trafficking of Adults and Children in Ghana and Cote d'Ivoire
(FLIP)'', implemented by Verite.
SEC. 305. AUTHORIZATION OF APPROPRIATIONS FOR FORCED LABOR
INVESTIGATIONS.
There is authorized to be appropriated to the Director of U.S.
Immigration and Customs Enforcement $15,700,000 for each of fiscal
years 2022 through 2026 for investigations and other activities related
to forced labor law violations, including forced child labor.
SEC. 306. AUTHORIZATION OF APPROPRIATIONS FOR THE SOAR TO HEALTH AND
WELLNESS TRAINING PROGRAM.
There is authorized to be appropriated to the Secretary of Health
and Human Services $4,000,000 for each of the fiscal years 2022 through
2026 for the SOAR to Health and Wellness training program.
SEC. 307. AUTHORIZATION OF APPROPRIATIONS FOR SEPTEMBER 3RD
SCHOLARSHIPS.
There is authorized to be appropriated to the Secretary of
Education $2,000,000 for each of fiscal years 2022 to 2026 to provide
``September 3rd Scholarships'' for human trafficking survivors who are
attending postsecondary education from United States accredited
colleges, universities, or technical schools located in the United
States including its territories to cover tuition, books, fees,
housing, and other expenses while attending school.
SEC. 308. AUTHORIZATION OF APPROPRIATIONS FOR THE PROVISION OF ANTI-
TRAFFICKING TRAINING TO AIRPORT PERSONNEL.
There is authorized to be appropriated to the Commissioner of U.S.
Customs and Border Protection $250,000 for each of fiscal years 2022
through 2026 for the expansion of outreach and live on-sight anti-
trafficking training for airport and airline personnel.
SEC. 309. IMPROVING ENFORCEMENT OF SECTION 307 OF THE TARIFF ACT OF
1930.
There is authorized to be appropriated to the Commissioner of U.S.
Customs and Border Protection $20,000,000 for each of fiscal years 2022
to 2026 for Customs and Border Protection to strengthen enforcement of
section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
<all>