[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6552 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
2d Session
H. R. 6552
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 27, 2022
Received; read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
AN ACT
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 2022''.
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. Human trafficking survivors employment and education program.
Sec. 103. Extending sunset for Advisory Council on Human Trafficking.
Subtitle B--Monitoring Child, Forced, and Slave Labor
Sec. 111. Sense of Congress on submission of Department of Justice
reports on time.
Sec. 112. 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. Modifications to program to end modern slavery grants.
Sec. 202. Amendments to tier standards.
Sec. 203. Expanding prevention efforts at the United States Agency for
International Development.
Sec. 204. Sense of Congress on human trafficking crisis in Ukraine.
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.
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 or an area with significant
child labor trafficking;
``(ii) give additional priority to local
educational agencies that partner with non-
profit organizations specializing in human
trafficking prevention education, which partner
with law enforcement and technology or social
media companies, to assist in training efforts
to protect children from labor trafficking and
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
the Interior, the Secretary of Labor, and the
Attorney General, to identify the geographic
areas in the United States with the highest
prevalence of at-risk populations for child
trafficking, 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 labor trafficking and
sexual exploitation and abuse including
grooming, child sexual abuse materials, and
trafficking transmitted through technology
that--
``(I) uses evidence-based (as such
term is defined in section 8101(21)(A)
of the Elementary and Secondary
Education Act of 1965 (20 U.S.C.
7801(21)(A))) best practices; and
``(II) employs appropriate
technological tools and methodologies,
including linguistically accessible,
culturally responsive, age-appropriate,
and trauma-informed approaches 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, the Secretary of
Housing and Urban Development, and the Secretary of the
Interior 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, which
shall include data collection of, at a minimum,
students who are economically disadvantaged, 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.
``(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
and make available to the public 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, non-profit
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 evidence-based (as such term is
defined in section 8101(21)(A) of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801(21)(A))) best practices 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 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.
``(ix) Any service gaps and best practices
identified by grantees.''.
SEC. 102. 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 victims of trafficking, 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 victim of trafficking)--
(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,
including assistance with credit repair;
(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 victim of trafficking, 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 trafficking who--
(A) has attained the age of 18 years; and
(B) is eligible to receive services under section
107(b) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7105(b)).
(2) Eligible organization.--The ``eligible organization''
may include a non-governmental 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 trafficking.
(B) Experience qualifying, providing, and
coordinating services for victims 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 victims
of trafficking served by the Program who are not United
States citizens, a provider that has experience in
identifying and assisting foreign-born victims of
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 victims
of trafficking served by the Program who are United
States citizens and legal permanent residents, a
provider that has experience identifying and assisting
victims of trafficking, as such term is defined in
section 103 of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7102), 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. 103. EXTENDING SUNSET FOR ADVISORY COUNCIL ON HUMAN TRAFFICKING.
Section 115(h) of the Justice for Victims of Trafficking Act of
2015 is amended by striking ``2020'' and inserting ``2031''.
Subtitle B--Monitoring Child, Forced, and Slave Labor
SEC. 111. 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 (Public Law 115-393; 132 Stat. 5273))
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. 112. 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 the
total number of children and youth who are sex trafficking
victims.
TITLE II--FIGHTING HUMAN TRAFFICKING ABROAD
SEC. 201. MODIFICATIONS TO PROGRAM TO END MODERN SLAVERY GRANTS.
(a) In General.--Section 1298 of the National Defense Authorization
Act of 2017 (22 U.S.C. 7114) is amended as follows:
(1) In subsection (g)(2), by striking ``2020'' and
inserting ``2026''.
(2) 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) Award of Funds.--All grants shall be awarded on a competitive
basis.
SEC. 202. 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)''.
SEC. 203. EXPANDING PREVENTION EFFORTS AT THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT.
In order to increase the prevention efforts by the United States
abroad, the Administrator of the United States Agency for International
Development shall encourage 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 at a minimum
include any programming to address health, economic
development, education, democracy and governance, food security
and humanitarian assistance that the Administrator determines
includes a sufficient counter-trafficking in persons element
integrated in the program design or delivery;
(2) encourage that any program design or delivery that may
directly serve victims of trafficking in persons is age-
appropriate, linguistically accessible, culturally responsive,
and survivor- and trauma-informed, and provides opportunities
for anonymous and voluntary feedback from the beneficiaries
receiving such services;
(3) encourage that each USAID mission integrates a counter-
trafficking in persons perspective and specific approaches 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;
(E) food security; and
(F) 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) encourage 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 required for 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 (22 U.S.C. 7107), as amended).
SEC. 204. SENSE OF CONGRESS ON HUMAN TRAFFICKING CRISIS IN UKRAINE.
It is the sense of Congress that Russia's aggression in Ukraine
targeting civilians and non-military infrastructure has led to millions
to flee their homes--90 percent of them being women and children
according to the United Nations High Commissioner for Refugees--
creating a humanitarian and human trafficking crisis, as Russian
President Putin continues to wage the largest and most lethal war in
Europe since World War II.
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 sections 101 and 102 of the Frederick Douglass
Trafficking Victims Prevention and Protection
Reauthorization Act of 2022,''; and
(B) by striking ``$19,500,000'' and all that
follows, and inserting ``$25,000,000 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 (c)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``2018 through 2021, $65,000,000'' and
inserting ``2022 through 2026, $89,500,000'';
(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.''; and
(4) in subsection (d) 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''.
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''.
Passed the House of Representatives July 26, 2022.
Attest:
CHERYL L. JOHNSON,
Clerk.