[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3949 Enrolled Bill (ENR)]
S.3949
One Hundred Seventeenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty two
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 ``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 Young Victims Who Are Vulnerable To
Human Trafficking
Sec. 101. Authority to award competitive grants to enhance collaboration
between State child welfare and juvenile justice systems.
Sec. 102. Elimination of sunset for Advisory Council on Human
Trafficking.
Sec. 103. Pilot program for youth at high risk of being trafficked.
Subtitle B--Governmental Efforts To Prevent Human Trafficking
Sec. 121. Comptroller General report on oversight of Federal supply
chains.
Sec. 122. Ensuring anti-trafficking-in-persons trainings and provisions
into Codes of Conduct of all Federal departments and executive
agencies.
Sec. 123. Government Accountability Office study on accessibility of
mental health services and substance use disorder services.
Sec. 124. NSF support of research on impacts of social media on human
trafficking.
Subtitle C--Monitoring Child, Forced, and Slave Labor
Sec. 131. Transparency in anti-trafficking expenditures.
Sec. 132. Sense of Congress regarding United States companies adopting
counter-trafficking-in-persons policies.
Sec. 133. Amendments to the Child Abuse Prevention and Treatment Act.
Sec. 134. Sense of Congress regarding timely submission of Department of
Justice reports.
Sec. 135. Sense of Congress on criteria for classifying victims of child
sex trafficking.
Sec. 136. Missing and abducted foster children and youth.
Sec. 137. Modification to State plan for foster care and adoption
assistance.
TITLE II--AUTHORIZATION OF APPROPRIATIONS
Sec. 201. Extension of authorizations under the Victims of Trafficking
and Violence Protection Act of 2000.
Sec. 202. Improving enforcement of section 307 of the Tariff Act of
1930.
TITLE III--SEVERABILITY
Sec. 301. Severability.
TITLE I--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES
Subtitle A--Programs To Support Young Victims Who Are Vulnerable To
Human Trafficking
SEC. 101. AUTHORITY TO AWARD COMPETITIVE GRANTS TO ENHANCE
COLLABORATION BETWEEN STATE CHILD WELFARE AND JUVENILE JUSTICE
SYSTEMS.
(a) In General.--Subpart 1 of part B of title IV of the Social
Security Act (42 U.S.C. 621 et seq.) is amended by adding at the end
the following:
``SEC. 429A. GRANTS TO STATES TO ENHANCE COLLABORATION BETWEEN STATE
CHILD WELFARE AND JUVENILE JUSTICE SYSTEMS.
``(a) Purpose.--The purpose of this section is to authorize the
Secretary, in collaboration with the Attorney General and the
Administrator of the Office of Juvenile Justice and Delinquency
Prevention of the Department of Justice--
``(1) to make grants to State child welfare and juvenile
justice agencies and child- and youth-serving agencies to
collaborate in the collection of data relating to dual status
youth; and
``(2) to develop practices, policies, and protocols--
``(A) to confront the challenges presented and experienced
by dual status youth; and
``(B) for the development of interoperable data systems.
``(b) Authority to Award Grants.--
``(1) In general.--Subject to the availability of
appropriations, from amounts reserved under section 423(a)(2) for a
fiscal year, the Secretary shall award competitive grants jointly
to a State child welfare agency and a State juvenile justice agency
to facilitate or enhance collaboration between the child welfare
and juvenile justice systems of the State in order to carry out
programs to address the needs of dual status youth and their
families.
``(2) Length of grants.--
``(A) In general.--Subject to subparagraph (B), a grant
shall be awarded under this section for a period of not less
than 2 fiscal years and not more than 5 fiscal years.
``(B) Extension of grant.--Upon the application of the
grantee, the Secretary may extend the period for which a grant
is awarded under this section for not more than 2 fiscal years.
``(c) Additional Requirements.--
``(1) Application.--In order for a State to be eligible for a
grant under this section, the State shall submit an application,
subject to the approval of the Secretary, that includes--
``(A) a description of the proposed leadership
collaboration group (including the membership of such group),
and how such group will manage and oversee a review and
analysis of current practices while working to jointly address
enhanced practices to improve outcomes for dual status youth;
``(B) a description of how the State proposes--
``(i) to identify dual status youth;
``(ii) to identify individuals who are at risk of
becoming dual status youth;
``(iii) to identify common characteristics shared by
dual status youth in the State; and
``(iv) to determine the prevalence of dual status youth
in the State;
``(C) a description of current and proposed practices and
procedures that the State intends to use--
``(i) to screen and assess dual status youth for risks
and treatment needs;
``(ii) to provide targeted and evidence-based services,
including educational, behavioral health, and pro-social
treatment interventions for dual status youth and their
families; and
``(iii) to provide for a lawful process to enhance or
ensure the abilities of the State and any relevant agencies
to share information and data about dual status youth,
while maintaining confidentiality and privacy protections
under Federal and State law; and
``(D) a certification that the State has involved local
governments, as appropriate, in the development, expansion,
modification, operation, or improvement of proposed policy and
practice reforms to address the needs of dual status youth.
``(2) No supplantation of other funds.--Any amounts paid to a
State under a grant under this section shall be used to supplement
and not supplant other State expenditures on dual status youths or
children involved with either the child welfare or juvenile justice
systems.
``(3) Evaluation.--Up to 10 percent of the amount made
available to carry out this section for a fiscal year shall be made
available to the Secretary to evaluate the effectiveness of the
projects funded under this section, using a methodology that--
``(A) includes random assignment whenever feasible, or
other research methods that allow for the strongest possible
causal inferences when random assignment is not feasible; and
``(B) generates evidence on the impact of specific
projects, or groups of projects with identical (or similar)
practices and procedures.
``(4) Report.--A State child welfare agency and a State
juvenile justice agency receiving a grant under this section shall
jointly submit to the Secretary, the Attorney General, and the
Administrator of the Office of Juvenile Justice and Delinquency
Prevention of the Department of Justice, a report on the evaluation
of the activities carried out under the grant at the end of each
fiscal year during the period of the grant. Such report shall
include--
``(A) a description of the scope and nature of the dual
status youth population in the State, including the number of
dual status youth;
``(B) a description of the evidence-based practices and
procedures used by the agencies to carry out the activities
described in clauses (i) through (iii) of paragraph (1)(C); and
``(C) an analysis of the effects of such practices and
procedures, including information regarding--
``(i) the collection of data related to individual dual
status youths;
``(ii) aggregate data related to the dual status youth
population, including--
``(I) characteristics of dual status youths in the
State;
``(II) case processing timelines; and
``(III) information related to case management, the
provision of targeted services, and placements within
the foster care or juvenile justice system; and
``(iii) the extent to which such practices and
procedures have contributed to--
``(I) improved educational outcomes for dual status
youths;
``(II) fewer delinquency referrals for dual status
youths;
``(III) shorter stays in intensive restrictive
placements for dual status youths; or
``(IV) such other outcomes for dual status youths
as the State child welfare agency and State juvenile
justice agency may identify.
``(d) Training and Technical Assistance.--The Secretary may support
State child welfare agencies and State juvenile justice agencies by
offering a program, developed in consultation with organizations and
agencies with subject matter expertise, of training and technical
assistance to assist such agencies in developing programs and protocols
that draw on best practices for serving dual status youth in order to
facilitate or enhance--
``(1) collaboration between State child welfare agencies and
State juvenile justice agencies; and
``(2) the effectiveness of such agencies with respect to
working with Federal agencies and child welfare and juvenile
justice agencies from other States.
``(e) Report.--Not later than 3 years after the date of enactment
of this section, and every 3 years thereafter, the Secretary, the
Attorney General, and the Administrator of the Office of Juvenile
Justice and Delinquency Prevention of the Department of Justice shall
jointly submit to the Committee on Finance and the Committee on the
Judiciary of the Senate and the Committee on Ways and Means and the
Committee on Education and Labor of the House of Representatives, a
report on the grants provided under this section.
``(f) Definitions.--In this section:
``(1) Dual status youth.--The term `dual status youth' means a
child who has come into contact with both the child welfare and
juvenile justice systems and occupies various statuses in terms of
the individual's relationship to such systems.
``(2) Leadership collaboration group.--The term `leadership
collaboration group' means a group composed of senior officials
from the State child welfare agency, the State juvenile justice
agency, and other relevant youth and family-serving public agencies
and private organizations, including, to the extent practicable,
representatives from the State judiciary branch.
``(3) State juvenile justice agency.--The term `State juvenile
justice agency' means the agency of the State or Indian tribe
responsible for administering grant funds awarded under the
Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C.
11101 et seq.).
``(4) State child welfare agency.--The term `State child
welfare agency' means the State agency responsible for
administering the program under this subpart, or, in the case of a
tribal organization that is receiving payments under section 428,
the tribal agency responsible for administering such program.''.
(b) Conforming Amendments.--Section 423(a) of such Act (42 U.S.C.
623(a)) is amended--
(1) by striking ``The sum appropriated'' and inserting the
following:
``(1) In general.--Subject to paragraph (2), the sum
appropriated''; and
(2) by adding at the end the following:
``(2) Grants to states to enhance collaboration between state
child welfare and juvenile justice systems.--For each fiscal year
beginning with fiscal year 2023 for which the amount appropriated
under section 425 for the fiscal year exceeds $270,000,000--
``(A) the Secretary shall reserve from such excess amount
such sums as are necessary for making grants under section 429A
for such fiscal year; and
``(B) the remainder to be applied under paragraph (1) for
purposes of making allotments to States for such fiscal year
shall be determined after the Secretary first allots $70,000 to
each State under such paragraph and reserves such sums under
subparagraph (A) of this paragraph.''.
SEC. 102. ELIMINATION OF SUNSET FOR ADVISORY COUNCIL ON HUMAN
TRAFFICKING.
The Survivors of Human Trafficking Empowerment Act (section 115 of
Public Law 114-22) is amended by striking subsection (h).
SEC. 103. PILOT PROGRAM FOR YOUTH AT HIGH RISK OF BEING TRAFFICKED.
Section 202(b) of the Trafficking Victims Protection
Reauthorization Act of 2005 (34 U.S.C. 20702(b)) is amended by adding
at the end the following:
``(5) Pilot demonstration program.--
``(A) Establishment.--The Assistant Attorney General, in
consultation with the Assistant Secretary, shall establish a
pilot demonstration program, through which community-based
organizations in underserved communities, prioritizing rural
communities, in the United States may apply for funding to
develop, implement, and build replicable treatment models,
based on the type of housing unit that the individual being
treated lives in, with supportive services and innovative care,
treatment, and services.
``(B) Population to be served.--The program established
pursuant to subparagraph (A) shall primarily serve adolescents
and youth who--
``(i) are transitioning out of foster care;
``(ii) struggle with substance use disorder;
``(iii) are pregnant or parenting; or
``(iv) have experienced foster care involvement or
involvement in the child welfare system, child poverty,
child abuse or neglect, human trafficking, juvenile justice
involvement, gang involvement, or homelessness.
``(C) Authorized activities.--Funding provided under
subparagraph (A) may be used for--
``(i) providing residential care, including temporary
or long-term placement as appropriate;
``(ii) providing 24-hour emergency social services
response;
``(iii) providing clothing and other daily necessities
needed to keep individuals from returning to living on the
street;
``(iv) case management services;
``(v) mental health counseling, including specialized
counseling and substance abuse treatment;
``(vi) legal services;
``(vii) specialized training for social service
providers, public sector personnel, and private sector
personnel likely to encounter sex trafficking and labor
trafficking victims on issues related to the sex
trafficking and labor trafficking of minors; and
``(viii) outreach and education programs to provide
information about deterrence and prevention of sex
trafficking and labor trafficking of minors.
``(D) Funding priority.--The Assistant Attorney General
shall give funding priority to community-based programs that
provide crisis stabilization, emergency shelter, and addiction
treatment for adolescents and transitional age residential
programs that have reputable outcomes.''.
Subtitle B--Governmental Efforts To Prevent Human Trafficking
SEC. 121. COMPTROLLER GENERAL REPORT ON OVERSIGHT OF FEDERAL SUPPLY
CHAINS.
(a) In General.--Not later than June 1, 2024, the Comptroller
General of the United States shall submit to the appropriate
congressional committees a report on Federal contract supply chain
oversight related to the prevention of trafficking in persons.
(b) Elements.--The report required under subsection (a) shall
include an assessment of the following:
(1) The compliance of Federal agencies with the requirement
under section 1704(c)(1) of the National Defense Authorization Act
for Fiscal Year 2013 (22 U.S.C. 7104b(c)(1)) to refer to suspension
and debarment officials allegations of trafficking in persons
activities on the part of contract, grant, and cooperative
agreement recipients.
(2) The compliance of Federal agencies with the requirement to
include the contract clause regarding combating trafficking in
persons provided for under section 222.50 of the Federal
Acquisition Regulation (or successor regulations).
(3) Federal agency enforcement and monitoring activities
related to ensuring the compliance of Federal contractors and
subcontractors with the annual certification requirements under
such section 222.50.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on Homeland
Security and Governmental Affairs, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Oversight
and Reform, and the Committee on Appropriations of the House of
Representatives.
SEC. 122. 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) beginning not later than 18 months after the date of the
enactment of this Act, the head of every Federal agency 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 such agency;
(2) such staff trainings should teach employees how to prevent,
identify, and report trafficking in persons;
(3) Federal agencies that already provide counter trafficking-
in-persons training for staff should share their curricula with
agencies that do not have such curricula;
(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 of each Federal agency should sign acknowledgment
of the agency's Code of Conduct, which should be kept in the file
of the employee; and
(6) a violation of the Code of Conduct should lead to
disciplinary action, up to and including termination of employment.
(c) Policy for Executive Branch Employees.--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 detailees 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--
(1) a prohibition from engaging in human trafficking 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 2
years; and
(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) may not replace any preexisting code of conduct that
contains more robust requirements than the requirements described
in subsection (c); and
(3) shall be signed by all personnel described in subsection
(c) not later than 2 years after such date of enactment.
(e) Reporting.--The Office of Inspector General of a Federal
department or agency, in consultation with the head of such agency,
shall submit an annual report to Congress, which shall be publicly
accessible, containing--
(1) the number of suspected violations reported;
(2) the number of investigations;
(3) the status and outcomes of such investigations; and
(4) any recommended actions to improve the programs and
operations of such agency.
SEC. 123. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON ACCESSIBILITY
OF MENTAL HEALTH SERVICES AND SUBSTANCE USE DISORDER SERVICES.
Not later than 3 years after the date of the enactment of this Act,
the Comptroller General of the United States shall--
(1) conduct a study of the accessibility of mental health
services and substance use disorder treatment and recovery for
survivors of human trafficking in the United States of various
ages; and
(2) submit a report to Congress containing the findings of such
study and recommendations for increased accessibility and
affordability for survivors of trafficking.
SEC. 124. NSF SUPPORT OF RESEARCH ON IMPACTS OF SOCIAL MEDIA ON
HUMAN TRAFFICKING.
(a) Definitions.--In this section:
(1) Human trafficking.--The term ``human trafficking'' means an
act or practice described in section 103(11) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102(11)).
(2) Social media platform.--The term ``social media platform''
means a website or internet medium that--
(A) permits a person to become a registered user, establish
an account, or create a profile for the purpose of allowing
users to create, share, and view user-generated content through
such an account or profile;
(B) enables 1 or more users to generate content that can be
viewed by other users of the medium; and
(C) primarily serves as a medium for users to interact with
content generated by other users of the medium.
(b) Support of Research.--The Director of the National Science
Foundation, in consultation with the Attorney General, the Secretary of
Homeland Security, and the Secretary of Health and Human Services,
shall support merit-reviewed and competitively awarded research on the
impact of online social media platforms on the maintenance or expansion
of human trafficking, which may include--
(1) fundamental research on digital forensic tools or other
technologies for verifying the authenticity of social media
platform users and their materials, that are utilized in the
promotion or operation of human trafficking networks;
(2) fundamental research on privacy preserving technical tools
that may aid law enforcement's ability to identify and prosecute
individuals or entities promoting or involved in human trafficking;
(3) social and behavioral research related to social media
platform users who engage with those promoting or involved in human
trafficking;
(4) research on the effectiveness of expanding public
understanding, awareness, or law enforcement efforts in combating
human trafficking through social media platforms; and
(5) research awards coordinated with other Federal agencies and
programs, including the Information Integrity Research and
Development Interagency Working Group and the Privacy Research and
Development Interagency Working Group of the Networking and
Information Technology Research and Development Program, the Office
for Victims of Crime of the Department of Justice, the Blue
Campaign of the Department of Homeland Security, the Office to
Monitor and Combat Trafficking in Persons of the Department of
State, and activities of the Department of Transportation and the
Advisory Committee on Human Trafficking.
(c) Survivors.--To the extent possible, the Director of the
National Science Foundation shall ensure that research supported under
subsection (b) incorporates the experiences, input, and safety and
privacy concerns of human trafficking survivors.
(d) Reports.--
(1) Findings and recommendations.--Not later than 1 year after
the date of enactment of this Act, the Director of the National
Science Foundation shall report to the Committee on Commerce,
Science, and Transportation of the Senate, the Subcommittee on
Commerce, Justice, Science, and Related Agencies of the Committee
on Appropriations of the Senate, the Committee on Science, Space,
and Technology of the House of Representatives, and the
Subcommittee on Commerce, Justice, Science, and Related Agencies of
the Committee on Appropriations of the House of Representatives--
(A) the Director's findings with respect to the feasibility
for research opportunities, including with the private sector
social media platform companies, to improve the ability to
combat human trafficking operations; and
(B) any recommendations of the Director that could
facilitate and improve communication and coordination among the
private sector, the National Science Foundation, and relevant
Federal agencies to improve the ability to combat human
trafficking operations through social media.
(2) Results of research.--Not later than 4 years after the date
of enactment of this Act, the Director of the National Science
Foundation shall report to the Committee on Commerce, Science, and
Transportation of the Senate, the Subcommittee on Commerce,
Justice, Science, and Related Agencies of the Committee on
Appropriations of the Senate, the Committee on Science, Space, and
Technology of the House of Representatives, and the Subcommittee on
Commerce, Justice, Science, and Related Agencies of the Committee
on Appropriations of the House of Representatives on the results of
the research supported under this section.
Subtitle C--Monitoring Child, Forced, and Slave Labor
SEC. 131. 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 the public website of
the department or agency, 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--
(1) the award recipients shall not be publicly identified
pursuant to subsection (a)(2); and
(2) only the activity, award amounts, and award periods shall
be publicly listed pursuant to such subsection.
SEC. 132. SENSE OF CONGRESS REGARDING 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 small business concerns (as defined in section
3 of the Small Business Act (15 U.S.C. 632)) should adopt a written
policy not later than 18 months after the date of the enactment of
this Act that--
(A) prohibits trafficking in persons;
(B) is published annually; and
(C) is accessible in a prominent place on their public
website; and
(2) such policy should expressly prohibit the company, its
employees, or agents from--
(A) engaging in human trafficking;
(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--
(i) failing to disclose, in a format and language
understood by the employee or potential employee, basic
information; or
(ii) making material misrepresentations during the
recruitment of employees regarding the key terms and
conditions of employment, including--
(I) wages and fringe benefits;
(II) the location of work;
(III) the living conditions;
(IV) housing and associated costs (if employer- or
agent-provided or arranged);
(V) any significant costs to be charged to the
employee or potential employee; and
(VI) the hazardous nature of the work, if
applicable;
(E) using recruiters that do not comply with local labor
laws of the country in which the recruiting takes place;
(F) providing or arranging housing that fails to meet the
host country housing and safety standards; and
(G) failing to provide an employment contract, recruitment
agreement, or other required work document--
(i) in writing--
(I) in a language the employee understands; or
(II) along with an independent interpreter if the
document cannot be provided in a language the employee
understands;
(ii) not later than 5 days before the employee
relocates, if relocation is required to perform the work;
and
(iii) that includes details about work description,
wages, work locations, 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.
SEC. 133. 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 and inserting ``a victim of `child abuse and neglect' and
of `sexual abuse' if the child is identified, by a State or local
agency employee of the State or locality involved, as being a victim of
human trafficking.''.
SEC. 134. SENSE OF CONGRESS REGARDING TIMELY SUBMISSION OF
DEPARTMENT OF JUSTICE REPORTS.
It is the sense of Congress that--
(1) the Department of Justice has failed to meet its reporting
requirements under title IV of the Trafficking Victims Protection
Act of 2017 (34 U.S.C. 10101 et seq.); and
(2) progress on critical data collection about human
trafficking and crime reporting are in jeopardy as a result of such
failure and must be addressed immediately.
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 evaluate whether to eliminate the requirement
for third-party control to properly qualify a child as a victim of
sex trafficking, to--
(A) aid in the identification and prevention of child sex
trafficking;
(B) protect children; and
(C) appropriately prosecute perpetrators to the fullest
extent of the law; and
(2) a person is qualified as a victim of child sex trafficking
if the person is a victim, as a child, of human trafficking.
SEC. 136. MISSING AND ABDUCTED FOSTER CHILDREN AND YOUTH.
It is the sense of Congress that--
(1) each State child welfare agency should--
(A) prioritize developing and implementing protocols to
comply with section 471(a)(35) of the Social Security Act (42
U.S.C. 671(a)(35)), as amended by section 137; and
(B) report the information the agency receives about
missing or abducted foster children and youth to the National
Center on Missing and Exploited Children and to law enforcement
authorities for inclusion in the Federal Bureau of
Investigation's National Crime Information Center database, in
accordance with section 471(a)(34) of the Social Security Act
(42 U.S.C. 671(a)(34));
(2) the reports described in paragraph (1)(B)--
(A) should be made immediately (and in no case later than
24 hours) after the information is received; and
(B) were required to be provided to the Secretary of Health
and Human Services beginning on September 30, 2016; and
(3) according to section 471(a)(34) of such Act, each State
child welfare agency was required to submit annual reports to the
Secretary of Health and Human Services beginning on September 30,
2017, to notify the Secretary of the total number of children and
youth who are victims of human trafficking.
SEC. 137. MODIFICATION TO STATE PLAN FOR FOSTER CARE AND ADOPTION
ASSISTANCE.
(a) State Plan Amendment.--Section 471(a)(35)(B) of the Social
Security Act (42 U.S.C. 671(a)(35)(B)) is amended by striking the
semicolon at the end and inserting the following: ``(referred to in
this subparagraph as ``NCMEC''), and that the State agency shall
maintain regular communication with law enforcement agencies and NCMEC
in efforts to provide a safe recovery of a missing or abducted child or
youth, including by sharing information pertaining to the child's or
youth's recovery and circumstances related to the recovery, and that
the State report submitted to law enforcement agencies and NCMEC shall
include where reasonably possible--
``(i) a photo of the missing or abducted child or
youth;
``(ii) a description of the child's or youth's physical
features, such as height, weight, sex, ethnicity, race,
hair color, and eye color; and
``(iii) endangerment information, such as the child's
or youth's pregnancy status, prescription medications,
suicidal tendencies, vulnerability to being sex trafficked,
and other health or risk factors;''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by subsection (a) shall take effect on the date of
enactment of this Act.
(2) Delay if state legislation required.--In the case of a
State plan under part E of title IV of the Social Security Act
which the Secretary of Health and Human Services determines
requires State legislation (other than legislation appropriating
funds) in order for the plan to meet the additional requirements
imposed by the amendment made by subsection (a), the State plan
shall not be regarded as failing to comply with the requirements of
such part solely on the basis of the failure of the plan to meet
such additional requirements before the first day of the first
calendar quarter beginning after the close of the first regular
session of the State legislature that begins after the date of
enactment of this Act. For purposes of the previous sentence, in
the case of a State that has a 2-year legislative session, each
year of the session shall be deemed to be a separate regular
session of the State legislature.
TITLE II--AUTHORIZATION OF APPROPRIATIONS
SEC. 201. 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 (b)--
(A) in paragraph (1), 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 429A of the Social Security Act,''; and
(B) in paragraph (2), by striking ``2018 through 2021'' and
inserting ``2023 through 2028'';
(2) in subsection (d)(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 2023 through 2028'';
(3) in subsection (f), by striking ``2018 through 2021.'' and
inserting ``2023 through 2028''; and
(4) in subsection (i)--
(A) by striking ``2018 through 2021'' and inserting ``2023
through 2028''; and
(B) by inserting ``of which $2,000,000 shall be made
available each fiscal year for the establishment of a labor
trafficking investigation team within the Department of
Homeland Security Center for Countering Human Trafficking, and
the remaining funds shall be used'' after ``expended,''.
SEC. 202. IMPROVING ENFORCEMENT OF SECTION 307 OF THE TARIFF ACT OF
1930.
There is authorized to be appropriated $20,000,000, for each of
fiscal years 2023 through 2028, to the Commissioner of U.S. Customs and
Border Protection to strengthen the enforcement of section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307).
TITLE III--SEVERABILITY
SEC. 301. SEVERABILITY.
If any provision of this Act or amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this Act
and the amendments made by this Act, and the application of the
provision or amendment to any other person or circumstance, shall not
be affected.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.