[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5856 Referred in Senate (RFS)]
<DOC>
118th CONGRESS
2d Session
H. R. 5856
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 26, 2024
Received; read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
AN ACT
To reauthorize the Trafficking Victims Protection Act of 2000, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Frederick Douglass Trafficking
Victims Prevention and Protection Reauthorization Act of 2023''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES
Subtitle A--Programs To Support Victims and Persons Vulnerable to Human
Trafficking
Sec. 101. Modifications to grants to assist in the recognition of
trafficking.
Sec. 102. Human Trafficking Survivors Employment and Education Program.
TITLE II--FIGHTING HUMAN TRAFFICKING ABROAD
Sec. 201. Modifications to program to end modern slavery grants.
Sec. 202. Amendments to tier standards.
Sec. 203. Expanding prevention efforts at the United States Agency for
International Development.
Sec. 204. Counter-trafficking in persons efforts in development
cooperation and assistance policy.
Sec. 205. Clarification of nonhumanitarian, nontrade-related foreign
assistance.
Sec. 206. Trafficking for the purposes of organ harvesting.
Sec. 207. Elimination of duplicative reporting.
TITLE III--AUTHORIZATION OF APPROPRIATIONS
Sec. 301. Extension of authorizations under the Victims of Trafficking
and Violence Protection Act of 2000.
Sec. 302. Extension of authorizations under the International Megan's
Law.
TITLE I--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES
Subtitle A--Programs To Support Victims and Persons Vulnerable to Human
Trafficking
SEC. 101. MODIFICATIONS TO GRANTS TO ASSIST IN THE RECOGNITION OF
TRAFFICKING.
(a) Amendments to Authorities to Prevent Trafficking.--Section
106(b)(2) of the Victims of Trafficking and Violence Protection Act of
2000 (22 U.S.C. 7104(b)) is amended--
(1) in the heading, by striking ``Grants to assist in the
recognition of trafficking'' and inserting ``Frederick douglass
human trafficking prevention education grants'';
(2) in subparagraph (B)--
(A) in the matter preceding clause (i), by
inserting ``under a program named `Frederick Douglass
Human Trafficking Prevention Education Grants''' after
``may award grants''; and
(B) in clause (ii), by inserting ``, linguistically
accessible, and culturally responsive'' after ``age-
appropriate'';
(3) in the heading of subparagraph (C), by inserting ``for
frederick douglass human trafficking prevention education
grants'' after ``program requirements'';
(4) by amending subparagraph (D) to read as follows:
``(D) Priority.--In awarding Frederick Douglass
Human Trafficking Prevention Education Grants under
this paragraph, the Secretary shall--
``(i) give priority to local educational
agencies serving a high-intensity child sex
trafficking area or an area with significant
child labor trafficking;
``(ii) give additional priority to local
educational agencies that partner with non-
profit organizations specializing in human
trafficking prevention education, which partner
with law enforcement and technology or social
media companies, to assist in training efforts
to protect children from labor trafficking and
sexual exploitation and abuse including
grooming, materials depicting the sexual abuse
of children, and human trafficking transmitted
through technology; and
``(iii) consult, as appropriate, with the
Secretary of Education, the Secretary of
Housing and Urban Development, the Secretary of
the Interior, the Secretary of Labor, and the
Attorney General, to identify the geographic
areas in the United States with the highest
prevalence of at-risk populations for child
trafficking, including children who are members
of a racial or ethnic minority, homeless youth,
foster youth, youth involved in the child
welfare system, and children and youth who run
away from home or an out-of-home placement.'';
and
(5) by adding at the end the following:
``(E) Criteria for selection.--Grantees should be
selected based on their demonstrated ability to--
``(i) engage stakeholders, including
survivors of human trafficking, and Federal,
State, local, or Tribal partners, to develop
the programs;
``(ii) train the trainers, guardians, K-12
students, teachers, and other school personnel
in a linguistically accessible, culturally
responsive, age-appropriate, and trauma-
informed fashion; and
``(iii) create a scalable, repeatable
program to prevent child labor trafficking and
sexual exploitation and abuse including
grooming, child sexual abuse materials, and
trafficking transmitted through technology
that--
``(I) uses evidence-based (as such
term is defined in section 8101(21)(A)
of the Elementary and Secondary
Education Act of 1965 (20 U.S.C.
7801(21)(A))) best practices; and
``(II) employs appropriate
technological tools and methodologies,
including linguistically accessible,
culturally responsive, age-appropriate,
and trauma-informed approaches for
trainers, guardians, educators, and K-
12 students.
``(F) Train the trainers.--For purposes of
subparagraph (E), the term `train the trainers' means
having experienced or master trainers coach new
trainers who are less experienced with a particular
topic or skill, or with training overall, who can then
teach the material to others, creating a broader reach,
sustainability, and making efforts cost- and time-
efficient (commonly referred to as `training of
trainers').
``(G) Data collection.--The Secretary shall consult
with the Secretary of Education, the Secretary of
Housing and Urban Development, and the Secretary of the
Interior to determine the appropriate demographics of
the recipients or of students at risk of being
trafficked or exploited, to be collected and reported
with respect to grants under this paragraph, which
shall include data collection of, at a minimum,
students who are economically disadvantaged, members of
a racial or ethnic minority, homeless youth, foster
youth, youth involved in the child welfare system, and
children and youth who run away from home or an out-of-
home placement.
``(H) Report.--Not later than 540 days after the
date of the enactment of this Act, and annually
thereafter, the Secretary of Health and Human Services
shall submit to the Committees on Education and Labor,
Energy and Commerce, and the Judiciary of the House of
Representatives and the Committees on the Judiciary and
Health, Education, Labor, and Pensions of the Senate
and make available to the public a report, including
data on the following:
``(i) The total number of entities that
received a Frederick Douglass Human Trafficking
Prevention Education Grant over the past year.
``(ii) The total number of partnerships or
consultants that included survivors, non-profit
organizations specialized in human trafficking
prevention education, law enforcement, and
technology or social media companies.
``(iii) The total number of elementary and
secondary schools that established and
implemented evidence-based (as such term is
defined in section 8101(21)(A) of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801(21)(A))) best practices through
programs developed using such grants.
``(iv) The total number and geographic
distribution of trainers, guardians, students,
teachers, and other school personnel trained
using such grants pursuant to this paragraph.
``(v) The results of pre-training and post-
training surveys to gauge trainees' increased
understanding of the scope and signs of child
trafficking and child sexual exploitation and
abuse; how to interact with potential victims
and survivors of child trafficking and child
sexual exploitation and abuse using age-
appropriate and trauma-informed approach; and
the manner in which to respond to potential
child trafficking and child sexual exploitation
and abuse.
``(vi) The number of potential victims and
survivors of child trafficking and child sexual
exploitation and abuse identified and served by
grantees, excluding any individually
identifiable information about such children
and acting in full compliance with all
applicable privacy laws and regulations.
``(vii) The number of students in
elementary or secondary school identified by
grantees as being at risk of being trafficked
or sexually exploited and abused, excluding any
individually identifiable information about
such children.
``(viii) The demographic characteristics of
child trafficking survivors and victims,
sexually exploited and abused children, and
students at risk of being trafficked or
sexually exploited and abused described in
clauses (vi) and (vii), excluding any
individually identifiable information about
such children.
``(ix) Any service gaps and best practices
identified by grantees.''.
SEC. 102. HUMAN TRAFFICKING SURVIVORS EMPLOYMENT AND EDUCATION PROGRAM.
(a) In General.--The Secretary of Health and Human Services may
carry out a Human Trafficking Survivors Employment and Education
Program to prevent the re-exploitation of eligible individuals who have
been victims of trafficking, by assisting such individuals to integrate
or reintegrate into society through social services support for the
attainment of life-skills, employment, and education necessary to
achieve self-sufficiency.
(b) Services Provided.--Services offered, provided, and funded by
the Program shall include (as relevant to the victim of trafficking)--
(1) enrollment and participation in--
(A) basic education, including literacy education
and English as a second language education;
(B) job-related skills training;
(C) vocational and certificate programs; and
(D) programs for attaining a regular high school
diploma or its recognized equivalent;
(2) life-skill training programs, including management of
personal finances, self-care, and parenting classes;
(3) resume creation and review;
(4) interview coaching and counseling;
(5) assistance with expungement of criminal records when
such records are for nonviolent crimes that were committed as a
consequence of the eligible individual's victimization,
including assistance with credit repair;
(6) assistance with enrollment in college or technical
school;
(7) scholarship assistance for attending college or
technical school;
(8) professional coaching or professional development
classes;
(9) case management to develop an individualized plan with
each victim of trafficking, based on each person's needs and
goals; and
(10) assistance with obtaining victim compensation, direct
victim assistance, or other funds for mental health care.
(c) Service Period.--Eligible individuals may receive services
through the Program for a cumulative period of 5 years.
(d) Cooperative Agreements.--Subject to the availability of
appropriations, the Secretary shall enter into cooperative agreements
with one or more eligible organizations to carry out this section.
(e) Definitions.--In this section:
(1) Eligible individual.--The term ``eligible individual''
means a domestic or foreign victim of trafficking who--
(A) has attained the age of 18 years; and
(B) is eligible to receive services under section
107(b) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7105(b)).
(2) Eligible organization.--The ``eligible organization''
may include a nongovernmental organization and means a service
provider that meets the following criteria:
(A) Experience in using national or local anti-
trafficking networks to serve victims of trafficking.
(B) Experience qualifying, providing, and
coordinating services for victims of trafficking, as
described in subsection (b), that is linguistically
accessible, culturally responsive, age-appropriate, and
trauma-informed.
(C) With respect to a service provider for victims
of trafficking served by the Program who are not United
States citizens, a provider that has experience in
identifying and assisting foreign-born victims of
trafficking, including helping them qualify for
Continued Presence, T-Visas, and other Federal, State,
and local services and funding.
(D) With respect to a service provider for victims
of trafficking served by the Program who are United
States citizens and legal permanent residents, a
provider that has experience identifying and assisting
victims of trafficking, as such term is defined in
section 103 of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7102), especially youth and
underserved populations.
(3) Program.--The term ``Program'' means the Human
Trafficking Survivors Employment and Education Program
established under this section.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
TITLE II--FIGHTING HUMAN TRAFFICKING ABROAD
SEC. 201. MODIFICATIONS TO PROGRAM TO END MODERN SLAVERY GRANTS.
(a) In General.--Section 1298 of the National Defense Authorization
Act of 2017 (22 U.S.C. 7114) is amended as follows:
(1) In subsection (g)(2), by striking ``2020'' and
inserting ``2028''.
(2) In subsection (h)(1), by striking ``Not later than
September 30, 2018, and September 30, 2020'' and inserting
``Not later than September 30, 2024, and September 30, 2028''.
(b) Award of Funds.--All grants awarded under the authority
provided by section 1298 of the National Defense Authorization Act of
2017, as amended by subsection (a), shall be awarded on a competitive
basis.
SEC. 202. AMENDMENTS TO TIER STANDARDS.
(a) Modifications to Tier 2 Watch List.--Subsection (b)(2) of
section 110 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7107) is amended--
(1) in the heading, by striking ``special'' and inserting
``tier 2''; and
(2) by amending subparagraph (A) to read as follows:
``(A) Submission of list.--Not later than the date
on which the determinations described in subsections
(c) and (d) are submitted to the appropriate
congressional committees in accordance with such
subsections, the Secretary of State shall submit to the
appropriate congressional committees a list of
countries that the Secretary determines require special
scrutiny during the following year. The list shall be
composed of countries that have been listed pursuant to
paragraph (1)(B) pursuant to the current annual report
because--
``(i) the estimated number of victims of
severe forms of trafficking is very significant
or is significantly increasing and the country
is not taking proportional concrete actions; or
``(ii) there is a failure to provide
evidence of increasing efforts to combat severe
forms of trafficking in persons from the
previous year, including increased
investigations, prosecutions and convictions of
trafficking crimes, increased assistance to
victims, and decreasing evidence of complicity
in severe forms of trafficking by government
officials.''.
(b) Modification to Special Rule for Downgraded and Reinstated
Countries.--Subsection (b)(2)(F) of such section 110 (22 U.S.C. 7107)
is amended--
(1) in the matter preceding clause (i), by striking ``the
special watch list'' and all that follows through ``the
country--'' and inserting ``the Tier 2 watch list described in
subparagraph (A) for more than 2 years immediately after the
country consecutively--'';
(2) in clause (i), in the matter preceding subclause (I),
by striking ``the special watch list described in subparagraph
(A)(iii)'' and inserting ``the Tier 2 watch list described in
subparagraph (A)''; and
(3) in clause (ii), by inserting ``in the year following
such waiver under subparagraph (D)(ii)'' before the period at
the end.
(c) Conforming Amendments.--Subsection (b) of such section 110 (22
U.S.C. 7107) is amended as follows:
(1) In paragraph (2), as amended by subsection (a)--
(A) in subparagraph (B), by striking ``special
watch list'' and inserting ``Tier 2 watch list'';
(B) in subparagraph (C), by striking ``special
watch list'' and inserting ``Tier 2 watch list''; and
(C) in subparagraph (D)--
(i) in the heading, by striking ``special
watch list'' and inserting ``tier 2 watch
list''; and
(ii) in clause (i), by striking ``special
watch list'' and inserting ``Tier 2 watch
list''.
(2) In paragraph (3)(B), in the matter preceding clause
(i), by striking ``clauses (i), (ii), and (iii) of''.
(3) In paragraph (4)--
(A) in subparagraph (A), in the matter preceding
clause (i), by striking ``each country described in
paragraph (2)(A)(ii)'' and inserting ``each country
described in paragraph (2)(A)''; and
(B) in subparagraph (D)(ii), by striking ``the
Special Watch List under paragraph (2)'' and inserting
``the Tier 2 watch list under paragraph (2)''.
SEC. 203. EXPANDING PREVENTION EFFORTS AT THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT.
In order to increase the prevention efforts by the United States
abroad, the Administrator of the United States Agency for International
Development (USAID) shall encourage incorporation of activities to
counter trafficking in persons (C-TIP) into broader assistance
programming. The Administrator shall--
(1) determine a reasonable definition for the term ``C-TIP
Incorporated Development Programs'', which shall at a minimum
include any programming to address economic development,
education, democracy and governance, food security, and
humanitarian assistance that the Administrator determines
includes a sufficient counter-trafficking in persons element
incorporated in the program design or delivery;
(2) encourage that any program design or delivery that may
directly serve victims of trafficking in persons is age-
appropriate, linguistically accessible, culturally responsive,
and survivor- and trauma-informed, and provides opportunities
for anonymous and voluntary feedback from the beneficiaries
receiving such services;
(3) encourage that each USAID mission incorporates a
counter-trafficking in persons perspective and specific
approaches into development programs, project design, and
methods for program monitoring and evaluation, when addressing
a range of development issues, including--
(A) economic development;
(B) education;
(C) democracy and governance;
(D) food security; and
(E) humanitarian assistance;
(4) implement robust training and disseminate tools around
the incorporation of a counter-trafficking perspective and
awareness in the day-to-day work of development professionals;
and
(5) encourage subsequent Country Development Cooperation
Strategies include a counter-trafficking in persons analytic
component to guide future project design and promote the
inclusion of counter-trafficking elements in project design,
implementation, monitoring, and evaluation required for Tier 2
Watch List and Tier 3 countries (as such terms are defined for
purposes of section 110 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7107), as amended).
SEC. 204. COUNTER-TRAFFICKING IN PERSONS EFFORTS IN DEVELOPMENT
COOPERATION AND ASSISTANCE POLICY.
The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is
amended--
(1) in section 102(b)(4) (22 U.S.C. 2151-1(b)(4))--
(A) in subparagraph (F), by striking ``and'' at the
end;
(B) in subparagraph (G), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(H) effective counter-trafficking in persons
policies and programs.''; and
(2) in section 492(d)(1) (22 U.S.C. 2292a(d)(1))--
(A) by striking the period at the end and inserting
``; and'';
(B) by striking ``that the funds'' and inserting
the following:-- ``that
``(A) the funds''; and
(C) by adding at the end the following:
``(B) in carrying out the provisions of this
chapter, the President shall, to the greatest extent
possible--
``(i) ensure that assistance made available
under this section does not create or
contribute to conditions that can be reasonably
expected to result in an increase in
trafficking in persons who are in conditions of
heightened vulnerability as a result of natural
and manmade disasters; and
``(ii) integrate appropriate protections
into the planning and execution of activities
authorized under this chapter.''.
SEC. 205. CLARIFICATION OF NONHUMANITARIAN, NONTRADE-RELATED FOREIGN
ASSISTANCE.
(a) Clarification of Scope of Withheld Assistance.--Section
110(d)(1)(A) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7107(d)(1)(A)) is amended to read as follows:
``(A) the United States will not provide
nonhumanitarian, nontrade-related foreign assistance to
the central government of the country, or any funding
to facilitate the participation by officials or
employees of such central government in educational and
cultural exchange programs, before the end of the first
fiscal year beginning after such government complies
with the minimum standards or makes significant efforts
to bring itself into compliance; and''.
(b) Definition of Nonhumanitarian, Nontrade-related Assistance.--
Section 103(10) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102(10)) is amended to read as follows:
``(10) Nonhumanitarian, nontrade-related foreign
assistance.--
``(A) In general.--The term `nonhumanitarian,
nontrade-related foreign assistance' means United
States foreign assistance, other than--
``(i) with respect to the Foreign
Assistance Act of 1961--
``(I) assistance for international
narcotics and law enforcement under
chapter 8 of part I of such Act (22
U.S.C. 2291 et seq.);
``(II) assistance for International
Disaster Assistance under subsections
(b) and (c) of section 491 of such Act
(22 U.S.C. 2292);
``(III) antiterrorism assistance
under chapter 8 of part II of such Act
(22 U.S.C. 2349aa et seq.); and
``(IV) health programs under
chapters 1 and 10 of part I and chapter
4 of part II of such Act (22 U.S.C.
2151 et seq.);
``(ii) assistance under the Food for Peace
Act (7 U.S.C. 1691 et seq.);
``(iii) assistance under sections 2(a)
through (c) of the Migration and Refugee
Assistance Act of 1962 (22 U.S.C. 2601(a)-(c))
to meet refugee and migration needs;
``(iv) any form of United States foreign
assistance provided through nongovernmental
organizations, international organizations, or
private sector partners--
``(I) to combat human and wildlife
trafficking;
``(II) to promote food security;
``(III) to respond to emergencies;
``(IV) to provide humanitarian
assistance;
``(V) to address basic human needs,
including for education;
``(VI) to advance global health
security; or
``(VII) to promote trade;
``(v) any other form of United States
foreign assistance that the President
determines, by not later than October 1 of each
fiscal year, is necessary to advance the
security, economic, humanitarian, or global
health interests of the United States without
compromising the country's steadfast commitment
to combating human trafficking globally; or
``(vi) sales, or financing on any terms,
under the Arms Export Control Act (22 U.S.C.
2751 et seq.), other than sales or financing
provided for narcotics-related purposes
following notification in accordance with the
prior notification procedures applicable to
reprogramming pursuant to section 634A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2394-
1).
``(B) Exclusions.--The term `nonhumanitarian,
nontrade-related foreign assistance' also excludes
payments to, or the participation of, government
entities necessary or incidental to the implementation
of a program that is otherwise consistent with section
110 of this Act.''.
SEC. 206. TRAFFICKING FOR THE PURPOSES OF ORGAN HARVESTING.
Section 110(b)(1) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7107(b)(1)) is amended--
(1) in subparagraph (G), by striking ``and'' at the end;
(2) in subparagraph (H), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after subparagraph (H) the following:
``(I) information about the trafficking in persons
for the purpose of organ removal, including cases and
steps governments are undertaking to prevent, identify,
and eliminate such trafficking.''.
SEC. 207. ELIMINATION OF DUPLICATIVE REPORTING.
Sec. 106(b)(6)(C) of the Bipartisan Congressional Trade Priorities
and Accountability Act, P.L. 114-26, as added by Sec. 914(e)(1) of the
Trade Facilitation and Trade Enforcement Act, P.L. 114-125 (19 U.S.C.
4205(b)(6)(C)), is hereby repealed.
TITLE III--AUTHORIZATION OF APPROPRIATIONS
SEC. 301. EXTENSION OF AUTHORIZATIONS UNDER THE VICTIMS OF TRAFFICKING
AND VIOLENCE PROTECTION ACT OF 2000.
Section 113 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7110) is amended--
(1) in subsection (a), by striking ``for each of the fiscal
years 2018 through 2021, $13,822,000'' and inserting ``for each
of the fiscal years 2024 through 2028, $17,000,000'';
(2) in subsection (b)(1)--
(A) by striking ``To carry out the purposes of
sections 106(b) and 107(b),'' and inserting ``To carry
out the purposes of sections 106(b) and 107(b) of this
Act and sections 101 and 102 of the Frederick Douglass
Trafficking Victims Prevention and Protection
Reauthorization Act of 2023,''; and
(B) by striking ``$19,500,000'' and all that
follows, and inserting ``$25,000,000 for each of the
fiscal years 2024 through 2028, of which $5,000,000 is
authorized to be appropriated in each fiscal year for
the National Human Trafficking Hotline and for
cybersecurity and public education campaigns, in
consultation with the Secretary of Homeland Security,
for identifying and responding as needed to cases of
human trafficking.'';
(3) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``2018 through 2021, $65,000,000'' and
inserting ``2024 through 2028, $116,400,000'';
(4) in subsection (c) by adding at the end the following
new paragraphs:
``(3) Programs to end modern slavery.--Of the amounts
authorized by paragraph (1) to be appropriated for a fiscal
year, not more than $37,500,000 may be made available to fund
programs to end modern slavery.
``(4) Programs at the usaid.--Of the amount authorized to
be appropriated by paragraph (1), $22,000,000 is authorized to
be made available each fiscal year to the United States Agency
for International Development, of which $2,000,000 is
authorized to be allocated for countering trafficking in
persons from Mexico, Guatemala, Honduras, and El Salvador.'';
and
(5) in subsection (d)(1), by striking ``2018 through 2021''
and inserting ``2024 through 2028, of which $35,000,000 is
authorized to be appropriated for each fiscal year for the
Office of Victims of Crime Housing Assistance Grants for
Victims of Human Trafficking''.
SEC. 302. EXTENSION OF AUTHORIZATIONS UNDER THE INTERNATIONAL MEGAN'S
LAW.
Section 11 of the International Megan's Law to Prevent Child
Exploitation and Other Sexual Crimes Through Advanced Notification of
Traveling Sex Offenders (34 U.S.C. 21509) is amended by striking ``2018
through 2021'' and inserting ``2024 through 2028''.
Passed the House of Representatives February 13, 2024.
Attest:
KEVIN F. MCCUMBER,
Clerk.