[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3949 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 3949
To reauthorize the Trafficking Victims Protection Act of 2000, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 29, 2022
Mr. Grassley (for himself and Mrs. Feinstein) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To reauthorize the Trafficking Victims Protection Act of 2000, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``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. Employment and education program for trafficking survivors
with a history in the State child
protection and welfare system.
Sec. 103. Elimination of sunset for Advisory Council on Human
Trafficking.
Sec. 104. Pilot program for youth at high risk of being trafficked.
Sec. 105. Facilitating United States investigations into potential
human trafficking cases.
Subtitle B--Governmental Efforts To Prevent Human Trafficking
Sec. 121. Preventing trafficking in persons in Federal contractor
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.
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.
Sec. 138. Survivors' bill of rights.
TITLE II--AUTHORIZATION OF APPROPRIATIONS
Sec. 201. Extension of authorizations under the Victims of Trafficking
and Violence Protection Act of 2000.
Sec. 202. Extension of authorizations under the International Megan's
Law.
Sec. 203. Extension of authorizations for the Human Exploitation Rescue
Operation Child-Rescue Corps Program.
Sec. 204. 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 2022 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. EMPLOYMENT AND EDUCATION PROGRAM FOR TRAFFICKING SURVIVORS
WITH A HISTORY IN THE STATE CHILD PROTECTION AND WELFARE
SYSTEM.
(a) Definitions.--In this section:
(1) Eligible individual.--The term ``eligible individual''
means a domestic or foreign victim of human trafficking who--
(A) is eligible to receive services under section
107 of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7105); and
(B) has a history in the State child protection and
welfare system.
(2) Eligible organization.--The term ``eligible
organization'' means a service provider, which may include a
nongovernmental organization, that has experience--
(A) using national or local anti-trafficking
networks to serve victims of human trafficking;
(B) qualifying, providing, and coordinating
services for survivors of trafficking (as described in
subsection (c)) that are linguistically accessible,
culturally responsive, age-appropriate, developmentally
appropriate, and trauma-informed; and
(C) identifying and assisting victims of labor
trafficking and commercial sexual exploitation,
especially youth and underserved populations.
(3) Program.--The term ``Program'' means the Human
Trafficking Survivors Employment and Education Program
established under this section.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(b) Employment and Education Program.--The Secretary of Health and
Human Services may carry out a Human Trafficking Survivors Employment
and Education Program to prevent the re-exploitation of eligible
individuals who have been removed from trafficking situations, by
assisting such individuals to integrate or reintegrate into society
through social services support for the attainment of life skills,
employment, and education necessary to achieve self-sufficiency.
(c) Services Provided.--Services offered, provided, and funded by
the Program shall include (as relevant to the trafficking survivor)--
(1) enrollment and participation in--
(A) basic education, including literacy education
and English as a second language education;
(B) job-related skills training;
(C) vocational and certificate programs;
(D) programs for attaining a regular high school
diploma or its recognized equivalent; or
(E) training for career opportunities in
opportunity jobs, which shall be defined for purposes
of this subparagraph as jobs that--
(i) have a low potential for automation;
(ii) do not require a college degree; and
(iii) are projected to grow after the
COVID-19 pandemic;
(2) life-skill training programs, including management of
personal finances, self-care, and parenting classes;
(3) resume creation and review;
(4) interview coaching and counseling;
(5) assistance with expungement of criminal records when
such records are for nonviolent crimes that were committed as a
consequence of the eligible individual's victimization;
(6) assistance with enrollment in college or technical
school;
(7) scholarship assistance for attending college or
technical school;
(8) professional coaching or professional development
classes;
(9) case management to develop an individualized plan with
each survivor, based on each person's needs and goals;
(10) assistance with obtaining victim compensation, direct
victim assistance, or other funds for mental health care; and
(11) other programs and services that help eligible
individuals to achieve self-sufficiency, such as wrap-around
social services to assist survivors in meeting their basic
needs.
(d) Service Period.--Eligible individuals may receive services
through the Program for a cumulative period of 5 years.
(e) 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.
SEC. 103. 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. 104. 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 for
different housing models 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) Funding priority.--The Assistant Attorney
General shall giving 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.''.
SEC. 105. FACILITATING UNITED STATES INVESTIGATIONS INTO POTENTIAL
HUMAN TRAFFICKING CASES.
(a) Forced Labor.--Section 1589 of title 18, United States Code, is
amended by adding at the end the following:
``(e) Whoever knowingly obstructs, or attempts to obstruct, the
enforcement of this section shall be punished--
``(1) by a fine under this title and imprisonment for not
more than 20 years;
``(2) if a violation of this section includes kidnapping or
an attempt to kidnap, aggravated sexual abuse or the attempt to
commit aggravated sexual abuse, or an attempt to kill, by a
fine under this title and imprisonment for any term or years or
for life; and
``(3) if death results from a violation of this section, by
a fine under this title and imprisoned for not less than 10
years or for life.''.
(b) Sex Trafficking of Children or by Force, Fraud, or Coercion.--
Section 1591 of title 18, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting before subsection (e), as redesignated,
the following:
``(d) Whoever, while being an official involved in an investigation
of sex trafficking (as defined in section 103 of the Trafficking
Victims Protection Act (22 U.S.C. 7102)) engages in any sexual act or
in sexual contact with any witness or potential witness to such sex
trafficking, or victim or person reasonably likely to be the victim of
such sex trafficking over the course of the investigation shall be
punished--
``(1) if the person, witness, or victim had not attained 18
years of age at the time of such sexual act or contact, by a
fine under this title and imprisonment for any term of years or
for life; or
``(2) if the person, witness, or victim is an adult, by a
fine under this title and imprisonment for not more than 25
years.''.
(c) Civil Remedy.--Section 1595 of title 18, United States Code, is
amended by adding at the end the following:
``(e)(1) It shall be unlawful to retaliate against any victim of a
violation of this chapter because such person has--
``(A) instituted, caused to be instituted, assisted with,
testified or is about to testify in, or participated in any
manner in any complaint, investigation, proceeding, or hearing
under or related to this chapter; or
``(B) opposed any behavior that is a violation of this
chapter.
``(2) In this subsection, the term `retaliate against any victim'
means any action that a reasonable person would consider intimidating,
threatening, restraining, coercive, threatening, harassing, or
adversely effecting employment status or assets, including any action
directed at a person other than the person who has engaged in one of
the activities set forth in paragraph (A) or (B) of paragraph (1).
``(3) Any individual who is injured as a result of a violation of
paragraph (1)--
``(A) may sue the violator in an appropriate district court
of the United States to obtain relief; and
``(B) if the court determines that such injury resulted
from such violation, shall recover from the defendant--
``(i) treble damages sustained by such individual;
and
``(ii) reasonable attorneys' fees, as set forth in
this chapter.
``(f) In addition to any other remedies set forth in this section,
whenever any person has engaged or there are reasonable grounds to
believe that any person is about to engage in any act or practice
prohibited under section 1512 (relating to tampering with a witness,
victim, or an informant) or 1513 (relating to retaliation against a
witness, victim, or an informant) with regard to a civil action under
this chapter, an individual may institute an application for a
permanent or temporary injunction, restraining order, or other order to
preclude such act or practice.''.
Subtitle B--Governmental Efforts To Prevent Human Trafficking
SEC. 121. PREVENTING TRAFFICKING IN PERSONS IN FEDERAL CONTRACTOR
SUPPLY CHAINS.
The Federal Acquisition Regulation shall be revised to require,
with respect to the clause required to be included in all solicitations
and contracts under section 52.222-50 of such regulation, that a
contractor of the Federal Government certify to the contracting officer
annually after receiving an award that--
(1) to the best of the knowledge and belief of the
contractor, neither the contractor, nor any of the agents or
subcontractors of the contractor (or any agents and
subcontractors thereof at any tier), has engaged during the
performance of the contract in any activities prohibited under
such clause, including billing the Government for any services
or supplies provided under the contract that were obtained or
performed in violation of the prohibited activities during the
contract period; and
(2) if any violations relating to any of the activities
prohibited under such clause have been found, the contractor or
subcontractor has taken the appropriate remedial and referral
actions.
SEC. 122. 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--
(A) cover both labor and sex trafficking; and
(B) 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 sex trafficking (as
defined in section 103 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102)) or labor 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 sex and labor 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.
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;
(2) such policy should expressly prohibit the company, its
employees, or agents from--
(A) engaging in severe forms of trafficking in
persons;
(B) using forced labor for the development,
production, shipping, or sale of its goods or services;
(C) destroying, concealing, confiscating, or
otherwise denying access by an employee to the
employee's identity or immigration documents, such as
passports or drivers' licenses, regardless of issuing
authority;
(D) using misleading or fraudulent practices during
the recruitment of employees or offering of employment,
such as--
(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) charging employees or potential employees
recruitment fees;
(G) providing or arranging housing that fails to
meet the host country housing and safety standards; and
(H) failing to provide an employment contract,
recruitment agreement, or other required work document
in writing in a language the employee understands (and
is provided to the employee not later than 5 days
before the employee relocates, if relocation is
required to perform the work), that includes details
about work description, wages, prohibition on charging
recruitment fees, 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; and
(3) contracting officers should consider the risk that the
contract or subcontract will involve services or supplies
susceptible to trafficking in persons, and the number of non-
United States citizens expected to be employed, when deciding
whether to require work documents in the contract.
SEC. 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
sex or labor trafficking in accordance with severe forms of trafficking
in persons, as such terms are defined in section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102).''.
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 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 severe
forms of trafficking in persons, as defined in section 103 of
the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102).
SEC. 136. 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 a severe form of
trafficking in persons, as defined in section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
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.
SEC. 138. SURVIVORS' BILL OF RIGHTS.
(a) Definition of Covered Formula Grant.--In this section, the term
``covered formula grant'' means a grant under part T of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10441 et
seq.) (commonly referred to as the ``STOP Violence Against Women
Formula Grant Program'').
(b) Grant Increase.--The Attorney General shall increase the amount
of the covered formula grant provided to a State in accordance with
this section if the State has in effect a law that provides to sexual
assault survivors the rights, at a minimum, under section 3772 of title
18, United States Code.
(c) Application.--A State seeking an increase to a covered formula
grant under this section shall submit an application to the Attorney
General at such time, in such manner, and containing such information
as the Attorney General may reasonably require, including information
about the law described in subsection (b).
(d) Period of Increase.--The Attorney General may not provide an
increase in the amount of the covered formula grant provided to a State
under this section more than 4 times.
(e) Authorization of Application.--There are authorized to be
appropriated $20,000,000 for each of fiscal years 2022 through 2027 to
carry out this section.
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 (a)--
(A) by striking ``2018 through 2021, $13,822,000''
and inserting ``2022 through 2027, $16,000,000''; and
(B) by striking ``7103(f)'' and inserting
``7103(g)'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) 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
(ii) by striking ``$19,500,000'' and all
that follows, and inserting ``$23,000,000 for
each of the fiscal years 2022 through 2027, 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.''; and
(B) in paragraph (2), by striking ``2018 through
2021'' and inserting ``2022 through 2027'';
(3) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``2018 through 2021, $65,000,000'' and
inserting ``2022 through 2027, $99,000,000, of which
$22,000,000 shall be made available each fiscal year to
the United States Agency for International
Development'';
(B) in subparagraph (C), by striking ``and'' at the
end;
(C) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(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 2027.'';
(4) in subsection (d)--
(A) in paragraph (1), by striking ``2018 through
2021'' and inserting ``2022 through 2027, of which
$35,000,000 shall be made available each fiscal year
for the Office of Victims of Crime Housing Assistance
Grants for Victims of Human Trafficking''; and
(B) in paragraph (3), by striking ``$11,000,000 to
the Attorney General for each of the fiscal years 2018
through 2021'' and inserting ``$11,000,000 to the
Attorney General for each of the fiscal years 2022
through 2027'';
(5) in subsection (f), by striking ``2018 through 2021.''
and inserting ``2022 through 2027''; and
(6) in subsection (i)--
(A) by striking ``2018 through 2021'' and inserting
``2022 through 2027''; 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. 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 2027''.
SEC. 203. EXTENSION OF AUTHORIZATIONS FOR THE HUMAN EXPLOITATION RESCUE
OPERATION CHILD-RESCUE CORPS PROGRAM.
Section 890A(g)(2) of the Homeland Security Act of 2002 (6 U.S.C.
473(g)(2)) is amended by striking ``2019 through 2022'' and inserting
``2022 through 2027''.
SEC. 204. 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 2022 to 2027, 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.
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