[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3949 Engrossed in Senate (ES)]
<DOC>
117th CONGRESS
2d Session
S. 3949
_______________________________________________________________________
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.
Passed the Senate December 20, 2022.
Attest:
Secretary.
117th CONGRESS
2d Session
S. 3949
_______________________________________________________________________
AN ACT
To reauthorize the Trafficking Victims Protection Act of 2000, and for
other purposes.