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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3949 Enrolled Bill (ENR)]

        S.3949

                    One Hundred Seventeenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
          the third day of January, two thousand and twenty two

                                 An Act

 
 To reauthorize the Trafficking Victims Protection Act of 2000, and for 
                             other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Trafficking Victims Prevention and 
Protection Reauthorization Act of 2022''.
SEC. 2. TABLE OF CONTENTS.
    The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.

     TITLE I--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES

  Subtitle A--Programs To Support Young Victims Who Are Vulnerable To 
                            Human Trafficking

Sec. 101. Authority to award competitive grants to enhance collaboration 
          between State child welfare and juvenile justice systems.
Sec. 102. Elimination of sunset for Advisory Council on Human 
          Trafficking.
Sec. 103. Pilot program for youth at high risk of being trafficked.

      Subtitle B--Governmental Efforts To Prevent Human Trafficking

Sec. 121. Comptroller General report on oversight of Federal supply 
          chains.
Sec. 122. Ensuring anti-trafficking-in-persons trainings and provisions 
          into Codes of Conduct of all Federal departments and executive 
          agencies.
Sec. 123. Government Accountability Office study on accessibility of 
          mental health services and substance use disorder services.
Sec. 124. NSF support of research on impacts of social media on human 
          trafficking.

          Subtitle C--Monitoring Child, Forced, and Slave Labor

Sec. 131. Transparency in anti-trafficking expenditures.
Sec. 132. Sense of Congress regarding United States companies adopting 
          counter-trafficking-in-persons policies.
Sec. 133. Amendments to the Child Abuse Prevention and Treatment Act.
Sec. 134. Sense of Congress regarding timely submission of Department of 
          Justice reports.
Sec. 135. Sense of Congress on criteria for classifying victims of child 
          sex trafficking.
Sec. 136. Missing and abducted foster children and youth.
Sec. 137. Modification to State plan for foster care and adoption 
          assistance.

                TITLE II--AUTHORIZATION OF APPROPRIATIONS

Sec. 201. Extension of authorizations under the Victims of Trafficking 
          and Violence Protection Act of 2000.
Sec. 202. Improving enforcement of section 307 of the Tariff Act of 
          1930.

                         TITLE III--SEVERABILITY

Sec. 301. Severability.

     TITLE I--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES
  Subtitle A--Programs To Support Young Victims Who Are Vulnerable To 
                           Human Trafficking

    SEC. 101. AUTHORITY TO AWARD COMPETITIVE GRANTS TO ENHANCE 
      COLLABORATION BETWEEN STATE CHILD WELFARE AND JUVENILE JUSTICE 
      SYSTEMS.
    (a) In General.--Subpart 1 of part B of title IV of the Social 
Security Act (42 U.S.C. 621 et seq.) is amended by adding at the end 
the following:
``SEC. 429A. GRANTS TO STATES TO ENHANCE COLLABORATION BETWEEN STATE 
CHILD WELFARE AND JUVENILE JUSTICE SYSTEMS.
    ``(a) Purpose.--The purpose of this section is to authorize the 
Secretary, in collaboration with the Attorney General and the 
Administrator of the Office of Juvenile Justice and Delinquency 
Prevention of the Department of Justice--
        ``(1) to make grants to State child welfare and juvenile 
    justice agencies and child- and youth-serving agencies to 
    collaborate in the collection of data relating to dual status 
    youth; and
        ``(2) to develop practices, policies, and protocols--
            ``(A) to confront the challenges presented and experienced 
        by dual status youth; and
            ``(B) for the development of interoperable data systems.
    ``(b) Authority to Award Grants.--
        ``(1) In general.--Subject to the availability of 
    appropriations, from amounts reserved under section 423(a)(2) for a 
    fiscal year, the Secretary shall award competitive grants jointly 
    to a State child welfare agency and a State juvenile justice agency 
    to facilitate or enhance collaboration between the child welfare 
    and juvenile justice systems of the State in order to carry out 
    programs to address the needs of dual status youth and their 
    families.
        ``(2) Length of grants.--
            ``(A) In general.--Subject to subparagraph (B), a grant 
        shall be awarded under this section for a period of not less 
        than 2 fiscal years and not more than 5 fiscal years.
            ``(B) Extension of grant.--Upon the application of the 
        grantee, the Secretary may extend the period for which a grant 
        is awarded under this section for not more than 2 fiscal years.
    ``(c) Additional Requirements.--
        ``(1) Application.--In order for a State to be eligible for a 
    grant under this section, the State shall submit an application, 
    subject to the approval of the Secretary, that includes--
            ``(A) a description of the proposed leadership 
        collaboration group (including the membership of such group), 
        and how such group will manage and oversee a review and 
        analysis of current practices while working to jointly address 
        enhanced practices to improve outcomes for dual status youth;
            ``(B) a description of how the State proposes--
                ``(i) to identify dual status youth;
                ``(ii) to identify individuals who are at risk of 
            becoming dual status youth;
                ``(iii) to identify common characteristics shared by 
            dual status youth in the State; and
                ``(iv) to determine the prevalence of dual status youth 
            in the State;
            ``(C) a description of current and proposed practices and 
        procedures that the State intends to use--
                ``(i) to screen and assess dual status youth for risks 
            and treatment needs;
                ``(ii) to provide targeted and evidence-based services, 
            including educational, behavioral health, and pro-social 
            treatment interventions for dual status youth and their 
            families; and
                ``(iii) to provide for a lawful process to enhance or 
            ensure the abilities of the State and any relevant agencies 
            to share information and data about dual status youth, 
            while maintaining confidentiality and privacy protections 
            under Federal and State law; and
            ``(D) a certification that the State has involved local 
        governments, as appropriate, in the development, expansion, 
        modification, operation, or improvement of proposed policy and 
        practice reforms to address the needs of dual status youth.
        ``(2) No supplantation of other funds.--Any amounts paid to a 
    State under a grant under this section shall be used to supplement 
    and not supplant other State expenditures on dual status youths or 
    children involved with either the child welfare or juvenile justice 
    systems.
        ``(3) Evaluation.--Up to 10 percent of the amount made 
    available to carry out this section for a fiscal year shall be made 
    available to the Secretary to evaluate the effectiveness of the 
    projects funded under this section, using a methodology that--
            ``(A) includes random assignment whenever feasible, or 
        other research methods that allow for the strongest possible 
        causal inferences when random assignment is not feasible; and
            ``(B) generates evidence on the impact of specific 
        projects, or groups of projects with identical (or similar) 
        practices and procedures.
        ``(4) Report.--A State child welfare agency and a State 
    juvenile justice agency receiving a grant under this section shall 
    jointly submit to the Secretary, the Attorney General, and the 
    Administrator of the Office of Juvenile Justice and Delinquency 
    Prevention of the Department of Justice, a report on the evaluation 
    of the activities carried out under the grant at the end of each 
    fiscal year during the period of the grant. Such report shall 
    include--
            ``(A) a description of the scope and nature of the dual 
        status youth population in the State, including the number of 
        dual status youth;
            ``(B) a description of the evidence-based practices and 
        procedures used by the agencies to carry out the activities 
        described in clauses (i) through (iii) of paragraph (1)(C); and
            ``(C) an analysis of the effects of such practices and 
        procedures, including information regarding--
                ``(i) the collection of data related to individual dual 
            status youths;
                ``(ii) aggregate data related to the dual status youth 
            population, including--

                    ``(I) characteristics of dual status youths in the 
                State;
                    ``(II) case processing timelines; and
                    ``(III) information related to case management, the 
                provision of targeted services, and placements within 
                the foster care or juvenile justice system; and

                ``(iii) the extent to which such practices and 
            procedures have contributed to--

                    ``(I) improved educational outcomes for dual status 
                youths;
                    ``(II) fewer delinquency referrals for dual status 
                youths;
                    ``(III) shorter stays in intensive restrictive 
                placements for dual status youths; or
                    ``(IV) such other outcomes for dual status youths 
                as the State child welfare agency and State juvenile 
                justice agency may identify.

    ``(d) Training and Technical Assistance.--The Secretary may support 
State child welfare agencies and State juvenile justice agencies by 
offering a program, developed in consultation with organizations and 
agencies with subject matter expertise, of training and technical 
assistance to assist such agencies in developing programs and protocols 
that draw on best practices for serving dual status youth in order to 
facilitate or enhance--
        ``(1) collaboration between State child welfare agencies and 
    State juvenile justice agencies; and
        ``(2) the effectiveness of such agencies with respect to 
    working with Federal agencies and child welfare and juvenile 
    justice agencies from other States.
    ``(e) Report.--Not later than 3 years after the date of enactment 
of this section, and every 3 years thereafter, the Secretary, the 
Attorney General, and the Administrator of the Office of Juvenile 
Justice and Delinquency Prevention of the Department of Justice shall 
jointly submit to the Committee on Finance and the Committee on the 
Judiciary of the Senate and the Committee on Ways and Means and the 
Committee on Education and Labor of the House of Representatives, a 
report on the grants provided under this section.
    ``(f) Definitions.--In this section:
        ``(1) Dual status youth.--The term `dual status youth' means a 
    child who has come into contact with both the child welfare and 
    juvenile justice systems and occupies various statuses in terms of 
    the individual's relationship to such systems.
        ``(2) Leadership collaboration group.--The term `leadership 
    collaboration group' means a group composed of senior officials 
    from the State child welfare agency, the State juvenile justice 
    agency, and other relevant youth and family-serving public agencies 
    and private organizations, including, to the extent practicable, 
    representatives from the State judiciary branch.
        ``(3) State juvenile justice agency.--The term `State juvenile 
    justice agency' means the agency of the State or Indian tribe 
    responsible for administering grant funds awarded under the 
    Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 
    11101 et seq.).
        ``(4) State child welfare agency.--The term `State child 
    welfare agency' means the State agency responsible for 
    administering the program under this subpart, or, in the case of a 
    tribal organization that is receiving payments under section 428, 
    the tribal agency responsible for administering such program.''.
    (b) Conforming Amendments.--Section 423(a) of such Act (42 U.S.C. 
623(a)) is amended--
        (1) by striking ``The sum appropriated'' and inserting the 
    following:
        ``(1) In general.--Subject to paragraph (2), the sum 
    appropriated''; and
        (2) by adding at the end the following:
        ``(2) Grants to states to enhance collaboration between state 
    child welfare and juvenile justice systems.--For each fiscal year 
    beginning with fiscal year 2023 for which the amount appropriated 
    under section 425 for the fiscal year exceeds $270,000,000--
            ``(A) the Secretary shall reserve from such excess amount 
        such sums as are necessary for making grants under section 429A 
        for such fiscal year; and
            ``(B) the remainder to be applied under paragraph (1) for 
        purposes of making allotments to States for such fiscal year 
        shall be determined after the Secretary first allots $70,000 to 
        each State under such paragraph and reserves such sums under 
        subparagraph (A) of this paragraph.''.
    SEC. 102. ELIMINATION OF SUNSET FOR ADVISORY COUNCIL ON HUMAN 
      TRAFFICKING.
    The Survivors of Human Trafficking Empowerment Act (section 115 of 
Public Law 114-22) is amended by striking subsection (h).
    SEC. 103. PILOT PROGRAM FOR YOUTH AT HIGH RISK OF BEING TRAFFICKED.
    Section 202(b) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (34 U.S.C. 20702(b)) is amended by adding 
at the end the following:
        ``(5) Pilot demonstration program.--
            ``(A) Establishment.--The Assistant Attorney General, in 
        consultation with the Assistant Secretary, shall establish a 
        pilot demonstration program, through which community-based 
        organizations in underserved communities, prioritizing rural 
        communities, in the United States may apply for funding to 
        develop, implement, and build replicable treatment models, 
        based on the type of housing unit that the individual being 
        treated lives in, with supportive services and innovative care, 
        treatment, and services.
            ``(B) Population to be served.--The program established 
        pursuant to subparagraph (A) shall primarily serve adolescents 
        and youth who--
                ``(i) are transitioning out of foster care;
                ``(ii) struggle with substance use disorder;
                ``(iii) are pregnant or parenting; or
                ``(iv) have experienced foster care involvement or 
            involvement in the child welfare system, child poverty, 
            child abuse or neglect, human trafficking, juvenile justice 
            involvement, gang involvement, or homelessness.
            ``(C) Authorized activities.--Funding provided under 
        subparagraph (A) may be used for--
                ``(i) providing residential care, including temporary 
            or long-term placement as appropriate;
                ``(ii) providing 24-hour emergency social services 
            response;
                ``(iii) providing clothing and other daily necessities 
            needed to keep individuals from returning to living on the 
            street;
                ``(iv) case management services;
                ``(v) mental health counseling, including specialized 
            counseling and substance abuse treatment;
                ``(vi) legal services;
                ``(vii) specialized training for social service 
            providers, public sector personnel, and private sector 
            personnel likely to encounter sex trafficking and labor 
            trafficking victims on issues related to the sex 
            trafficking and labor trafficking of minors; and
                ``(viii) outreach and education programs to provide 
            information about deterrence and prevention of sex 
            trafficking and labor trafficking of minors.
            ``(D) Funding priority.--The Assistant Attorney General 
        shall give funding priority to community-based programs that 
        provide crisis stabilization, emergency shelter, and addiction 
        treatment for adolescents and transitional age residential 
        programs that have reputable outcomes.''.

     Subtitle B--Governmental Efforts To Prevent Human Trafficking

    SEC. 121. COMPTROLLER GENERAL REPORT ON OVERSIGHT OF FEDERAL SUPPLY 
      CHAINS.
    (a) In General.--Not later than June 1, 2024, the Comptroller 
General of the United States shall submit to the appropriate 
congressional committees a report on Federal contract supply chain 
oversight related to the prevention of trafficking in persons.
    (b) Elements.--The report required under subsection (a) shall 
include an assessment of the following:
        (1) The compliance of Federal agencies with the requirement 
    under section 1704(c)(1) of the National Defense Authorization Act 
    for Fiscal Year 2013 (22 U.S.C. 7104b(c)(1)) to refer to suspension 
    and debarment officials allegations of trafficking in persons 
    activities on the part of contract, grant, and cooperative 
    agreement recipients.
        (2) The compliance of Federal agencies with the requirement to 
    include the contract clause regarding combating trafficking in 
    persons provided for under section 222.50 of the Federal 
    Acquisition Regulation (or successor regulations).
        (3) Federal agency enforcement and monitoring activities 
    related to ensuring the compliance of Federal contractors and 
    subcontractors with the annual certification requirements under 
    such section 222.50.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
        (1) the Committee on Armed Services, the Committee on Homeland 
    Security and Governmental Affairs, and the Committee on 
    Appropriations of the Senate; and
        (2) the Committee on Armed Services, the Committee on Oversight 
    and Reform, and the Committee on Appropriations of the House of 
    Representatives.
    SEC. 122. ENSURING ANTI-TRAFFICKING-IN-PERSONS TRAININGS AND 
      PROVISIONS INTO CODES OF CONDUCT OF ALL FEDERAL DEPARTMENTS AND 
      EXECUTIVE AGENCIES.
    (a) Findings.--Congress finds the following:
        (1) Human trafficking is inimical to every Federal agency's 
    core values and inherently harmful and dehumanizing.
        (2) Through the adoption of a Code of Conduct, Federal agencies 
    hold their personnel to similar standards that are required of 
    contractors and subcontractors of the agency under Federal law.
        (3) Human trafficking is a violation of human rights and 
    against Federal law.
        (4) The United States Government seeks to deter activities that 
    would facilitate or support trafficking in persons.
    (b) Sense of Congress on Implementation of Anti-trafficking-in-
persons Policies.--It is the sense of Congress that--
        (1) beginning not later than 18 months after the date of the 
    enactment of this Act, the head of every Federal agency should 
    incorporate a module on human trafficking into its staff training 
    requirements and menu of topics to be covered in the annual ethics 
    training of such agency;
        (2) such staff trainings should teach employees how to prevent, 
    identify, and report trafficking in persons;
        (3) Federal agencies that already provide counter trafficking-
    in-persons training for staff should share their curricula with 
    agencies that do not have such curricula;
        (4) the head of each agency should inform all candidates for 
    employment about the anti-trafficking provisions in the Code of 
    Conduct of the agency;
        (5) employees of each Federal agency should sign acknowledgment 
    of the agency's Code of Conduct, which should be kept in the file 
    of the employee; and
        (6) a violation of the Code of Conduct should lead to 
    disciplinary action, up to and including termination of employment.
    (c) Policy for Executive Branch Employees.--The President shall 
take such steps as may be necessary to ensure that each officer and 
employee (including temporary employees, persons stationed abroad while 
working for the United States, and detailees from other agencies of the 
Federal Government) of an agency in the executive branch of the Federal 
Government is subject to a policy with a minimum standard that 
contains--
        (1) a prohibition from engaging in human trafficking while 
    employed by the Government in a full-time or part-time capacity;
        (2) a requirement that all Federal personnel, without regard to 
    whether the person is stationed abroad, be sensitized to human 
    trafficking and the ethical conduct requirements that prohibit the 
    procurement of trafficking in persons;
        (3) a requirement that all such personnel be equipped with the 
    necessary knowledge and tools to prevent, recognize, report, and 
    address human trafficking offenses through a training for new 
    personnel and through regular refresher courses offered every 2 
    years; and
        (4) a requirement that all such personnel report to the 
    applicable inspector general and agency trafficking in persons 
    point of contact any suspected cases of misconduct, waste, fraud, 
    or abuse relating to trafficking in persons.
    (d) Timing.--The policy described in subsection (c)--
        (1) shall be established or integrated into all applicable 
    employee codes of conduct not later than 18 months after the date 
    of the enactment of this Act;
        (2) may not replace any preexisting code of conduct that 
    contains more robust requirements than the requirements described 
    in subsection (c); and
        (3) shall be signed by all personnel described in subsection 
    (c) not later than 2 years after such date of enactment.
    (e) Reporting.--The Office of Inspector General of a Federal 
department or agency, in consultation with the head of such agency, 
shall submit an annual report to Congress, which shall be publicly 
accessible, containing--
        (1) the number of suspected violations reported;
        (2) the number of investigations;
        (3) the status and outcomes of such investigations; and
        (4) any recommended actions to improve the programs and 
    operations of such agency.
    SEC. 123. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON ACCESSIBILITY 
      OF MENTAL HEALTH SERVICES AND SUBSTANCE USE DISORDER SERVICES.
    Not later than 3 years after the date of the enactment of this Act, 
the Comptroller General of the United States shall--
        (1) conduct a study of the accessibility of mental health 
    services and substance use disorder treatment and recovery for 
    survivors of human trafficking in the United States of various 
    ages; and
        (2) submit a report to Congress containing the findings of such 
    study and recommendations for increased accessibility and 
    affordability for survivors of trafficking.
    SEC. 124. NSF SUPPORT OF RESEARCH ON IMPACTS OF SOCIAL MEDIA ON 
      HUMAN TRAFFICKING.
    (a) Definitions.--In this section:
        (1) Human trafficking.--The term ``human trafficking'' means an 
    act or practice described in section 103(11) of the Trafficking 
    Victims Protection Act of 2000 (22 U.S.C. 7102(11)).
        (2) Social media platform.--The term ``social media platform'' 
    means a website or internet medium that--
            (A) permits a person to become a registered user, establish 
        an account, or create a profile for the purpose of allowing 
        users to create, share, and view user-generated content through 
        such an account or profile;
            (B) enables 1 or more users to generate content that can be 
        viewed by other users of the medium; and
            (C) primarily serves as a medium for users to interact with 
        content generated by other users of the medium.
    (b) Support of Research.--The Director of the National Science 
Foundation, in consultation with the Attorney General, the Secretary of 
Homeland Security, and the Secretary of Health and Human Services, 
shall support merit-reviewed and competitively awarded research on the 
impact of online social media platforms on the maintenance or expansion 
of human trafficking, which may include--
        (1) fundamental research on digital forensic tools or other 
    technologies for verifying the authenticity of social media 
    platform users and their materials, that are utilized in the 
    promotion or operation of human trafficking networks;
        (2) fundamental research on privacy preserving technical tools 
    that may aid law enforcement's ability to identify and prosecute 
    individuals or entities promoting or involved in human trafficking;
        (3) social and behavioral research related to social media 
    platform users who engage with those promoting or involved in human 
    trafficking;
        (4) research on the effectiveness of expanding public 
    understanding, awareness, or law enforcement efforts in combating 
    human trafficking through social media platforms; and
        (5) research awards coordinated with other Federal agencies and 
    programs, including the Information Integrity Research and 
    Development Interagency Working Group and the Privacy Research and 
    Development Interagency Working Group of the Networking and 
    Information Technology Research and Development Program, the Office 
    for Victims of Crime of the Department of Justice, the Blue 
    Campaign of the Department of Homeland Security, the Office to 
    Monitor and Combat Trafficking in Persons of the Department of 
    State, and activities of the Department of Transportation and the 
    Advisory Committee on Human Trafficking.
    (c) Survivors.--To the extent possible, the Director of the 
National Science Foundation shall ensure that research supported under 
subsection (b) incorporates the experiences, input, and safety and 
privacy concerns of human trafficking survivors.
    (d) Reports.--
        (1) Findings and recommendations.--Not later than 1 year after 
    the date of enactment of this Act, the Director of the National 
    Science Foundation shall report to the Committee on Commerce, 
    Science, and Transportation of the Senate, the Subcommittee on 
    Commerce, Justice, Science, and Related Agencies of the Committee 
    on Appropriations of the Senate, the Committee on Science, Space, 
    and Technology of the House of Representatives, and the 
    Subcommittee on Commerce, Justice, Science, and Related Agencies of 
    the Committee on Appropriations of the House of Representatives--
            (A) the Director's findings with respect to the feasibility 
        for research opportunities, including with the private sector 
        social media platform companies, to improve the ability to 
        combat human trafficking operations; and
            (B) any recommendations of the Director that could 
        facilitate and improve communication and coordination among the 
        private sector, the National Science Foundation, and relevant 
        Federal agencies to improve the ability to combat human 
        trafficking operations through social media.
        (2) Results of research.--Not later than 4 years after the date 
    of enactment of this Act, the Director of the National Science 
    Foundation shall report to the Committee on Commerce, Science, and 
    Transportation of the Senate, the Subcommittee on Commerce, 
    Justice, Science, and Related Agencies of the Committee on 
    Appropriations of the Senate, the Committee on Science, Space, and 
    Technology of the House of Representatives, and the Subcommittee on 
    Commerce, Justice, Science, and Related Agencies of the Committee 
    on Appropriations of the House of Representatives on the results of 
    the research supported under this section.

         Subtitle C--Monitoring Child, Forced, and Slave Labor

    SEC. 131. TRANSPARENCY IN ANTI-TRAFFICKING EXPENDITURES.
    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, and not later than October 1 of each of the 
following 5 years, the head of each Federal department or agency to 
which amounts are appropriated for the purpose of awarding grants for 
anti-trafficking in persons, and the head of each Federal department 
and agency contributing to the annual congressional earmark for 
counter-trafficking in persons, shall publish on the public website of 
the department or agency, with respect to the prior fiscal year--
        (1) each obligation or expenditure of Federal funds for the 
    purpose of combating human trafficking and forced labor; and
        (2) subject to subsection (b), and with respect to each such 
    obligation or expenditure, the name of a primary recipient, and any 
    subgrantees, and their project location, activity, award amounts, 
    and award periods.
    (b) Exception for Security Concerns.--If the head of a Federal 
department or agency determines that a primary recipient or subgrantee 
for purposes of subsection (a) has a security concern--
        (1) the award recipients shall not be publicly identified 
    pursuant to subsection (a)(2); and
        (2) only the activity, award amounts, and award periods shall 
    be publicly listed pursuant to such subsection.
    SEC. 132. SENSE OF CONGRESS REGARDING UNITED STATES COMPANIES 
      ADOPTING COUNTER-TRAFFICKING-IN-PERSONS POLICIES.
    It is the sense of Congress that--
        (1) companies headquartered or doing business in the United 
    States that are not small business concerns (as defined in section 
    3 of the Small Business Act (15 U.S.C. 632)) should adopt a written 
    policy not later than 18 months after the date of the enactment of 
    this Act that--
            (A) prohibits trafficking in persons;
            (B) is published annually; and
            (C) is accessible in a prominent place on their public 
        website; and
        (2) such policy should expressly prohibit the company, its 
    employees, or agents from--
            (A) engaging in human trafficking;
            (B) using forced labor for the development, production, 
        shipping, or sale of its goods or services;
            (C) destroying, concealing, confiscating, or otherwise 
        denying access by an employee to the employee's identity or 
        immigration documents, such as passports or drivers' licenses, 
        regardless of issuing authority;
            (D) using misleading or fraudulent practices during the 
        recruitment of employees or offering of employment, such as--
                (i) failing to disclose, in a format and language 
            understood by the employee or potential employee, basic 
            information; or
                (ii) making material misrepresentations during the 
            recruitment of employees regarding the key terms and 
            conditions of employment, including--

                    (I) wages and fringe benefits;
                    (II) the location of work;
                    (III) the living conditions;
                    (IV) housing and associated costs (if employer- or 
                agent-provided or arranged);
                    (V) any significant costs to be charged to the 
                employee or potential employee; and
                    (VI) the hazardous nature of the work, if 
                applicable;

            (E) using recruiters that do not comply with local labor 
        laws of the country in which the recruiting takes place;
            (F) providing or arranging housing that fails to meet the 
        host country housing and safety standards; and
            (G) failing to provide an employment contract, recruitment 
        agreement, or other required work document--
                (i) in writing--

                    (I) in a language the employee understands; or
                    (II) along with an independent interpreter if the 
                document cannot be provided in a language the employee 
                understands;

                (ii) not later than 5 days before the employee 
            relocates, if relocation is required to perform the work; 
            and
                (iii) that includes details about work description, 
            wages, work locations, living accommodations and associated 
            costs, time off, round-trip transportation arrangements, 
            grievance processes, and the content of applicable laws and 
            regulations that prohibit trafficking in persons.
    SEC. 133. AMENDMENTS TO THE CHILD ABUSE PREVENTION AND TREATMENT 
      ACT.
    Section 111(b)(1) of the Child Abuse Prevention and Treatment Act 
(42 U.S.C. 5106g(b)(1)) is amended by striking ``a victim of'' and all 
that follows and inserting ``a victim of `child abuse and neglect' and 
of `sexual abuse' if the child is identified, by a State or local 
agency employee of the State or locality involved, as being a victim of 
human trafficking.''.
    SEC. 134. SENSE OF CONGRESS REGARDING TIMELY SUBMISSION OF 
      DEPARTMENT OF JUSTICE REPORTS.
    It is the sense of Congress that--
        (1) the Department of Justice has failed to meet its reporting 
    requirements under title IV of the Trafficking Victims Protection 
    Act of 2017 (34 U.S.C. 10101 et seq.); and
        (2) progress on critical data collection about human 
    trafficking and crime reporting are in jeopardy as a result of such 
    failure and must be addressed immediately.
    SEC. 135. SENSE OF CONGRESS ON CRITERIA FOR CLASSIFYING VICTIMS OF 
      CHILD SEX TRAFFICKING.
    It is the sense of Congress that--
        (1) all States (including the District of Columbia) and 
    territories should evaluate whether to eliminate the requirement 
    for third-party control to properly qualify a child as a victim of 
    sex trafficking, to--
            (A) aid in the identification and prevention of child sex 
        trafficking;
            (B) protect children; and
            (C) appropriately prosecute perpetrators to the fullest 
        extent of the law; and
        (2) a person is qualified as a victim of child sex trafficking 
    if the person is a victim, as a child, of human trafficking.
    SEC. 136. MISSING AND ABDUCTED FOSTER CHILDREN AND YOUTH.
    It is the sense of Congress that--
        (1) each State child welfare agency should--
            (A) prioritize developing and implementing protocols to 
        comply with section 471(a)(35) of the Social Security Act (42 
        U.S.C. 671(a)(35)), as amended by section 137; and
            (B) report the information the agency receives about 
        missing or abducted foster children and youth to the National 
        Center on Missing and Exploited Children and to law enforcement 
        authorities for inclusion in the Federal Bureau of 
        Investigation's National Crime Information Center database, in 
        accordance with section 471(a)(34) of the Social Security Act 
        (42 U.S.C. 671(a)(34));
        (2) the reports described in paragraph (1)(B)--
            (A) should be made immediately (and in no case later than 
        24 hours) after the information is received; and
            (B) were required to be provided to the Secretary of Health 
        and Human Services beginning on September 30, 2016; and
        (3) according to section 471(a)(34) of such Act, each State 
    child welfare agency was required to submit annual reports to the 
    Secretary of Health and Human Services beginning on September 30, 
    2017, to notify the Secretary of the total number of children and 
    youth who are victims of human trafficking.
    SEC. 137. MODIFICATION TO STATE PLAN FOR FOSTER CARE AND ADOPTION 
      ASSISTANCE.
    (a) State Plan Amendment.--Section 471(a)(35)(B) of the Social 
Security Act (42 U.S.C. 671(a)(35)(B)) is amended by striking the 
semicolon at the end and inserting the following: ``(referred to in 
this subparagraph as ``NCMEC''), and that the State agency shall 
maintain regular communication with law enforcement agencies and NCMEC 
in efforts to provide a safe recovery of a missing or abducted child or 
youth, including by sharing information pertaining to the child's or 
youth's recovery and circumstances related to the recovery, and that 
the State report submitted to law enforcement agencies and NCMEC shall 
include where reasonably possible--
                ``(i) a photo of the missing or abducted child or 
            youth;
                ``(ii) a description of the child's or youth's physical 
            features, such as height, weight, sex, ethnicity, race, 
            hair color, and eye color; and
                ``(iii) endangerment information, such as the child's 
            or youth's pregnancy status, prescription medications, 
            suicidal tendencies, vulnerability to being sex trafficked, 
            and other health or risk factors;''.
    (b) Effective Date.--
        (1) In general.--Except as provided in paragraph (2), the 
    amendment made by subsection (a) shall take effect on the date of 
    enactment of this Act.
        (2) Delay if state legislation required.--In the case of a 
    State plan under part E of title IV of the Social Security Act 
    which the Secretary of Health and Human Services determines 
    requires State legislation (other than legislation appropriating 
    funds) in order for the plan to meet the additional requirements 
    imposed by the amendment made by subsection (a), the State plan 
    shall not be regarded as failing to comply with the requirements of 
    such part solely on the basis of the failure of the plan to meet 
    such additional requirements before the first day of the first 
    calendar quarter beginning after the close of the first regular 
    session of the State legislature that begins after the date of 
    enactment of this Act. For purposes of the previous sentence, in 
    the case of a State that has a 2-year legislative session, each 
    year of the session shall be deemed to be a separate regular 
    session of the State legislature.

               TITLE II--AUTHORIZATION OF APPROPRIATIONS

    SEC. 201. EXTENSION OF AUTHORIZATIONS UNDER THE VICTIMS OF 
      TRAFFICKING AND VIOLENCE PROTECTION ACT OF 2000.
    Section 113 of the Victims of Trafficking and Violence Protection 
Act of 2000 (22 U.S.C. 7110) is amended--
        (1) in subsection (b)--
            (A) in paragraph (1), by striking ``To carry out the 
        purposes of sections 106(b) and 107(b),'' and inserting ``To 
        carry out the purposes of sections 106(b) and 107(b) of this 
        Act and section 429A of the Social Security Act,''; and
            (B) in paragraph (2), by striking ``2018 through 2021'' and 
        inserting ``2023 through 2028'';
        (2) in subsection (d)(3), by striking ``$11,000,000 to the 
    Attorney General for each of the fiscal years 2018 through 2021'' 
    and inserting ``$11,000,000 to the Attorney General for each of the 
    fiscal years 2023 through 2028'';
        (3) in subsection (f), by striking ``2018 through 2021.'' and 
    inserting ``2023 through 2028''; and
        (4) in subsection (i)--
            (A) by striking ``2018 through 2021'' and inserting ``2023 
        through 2028''; and
            (B) by inserting ``of which $2,000,000 shall be made 
        available each fiscal year for the establishment of a labor 
        trafficking investigation team within the Department of 
        Homeland Security Center for Countering Human Trafficking, and 
        the remaining funds shall be used'' after ``expended,''.
    SEC. 202. IMPROVING ENFORCEMENT OF SECTION 307 OF THE TARIFF ACT OF 
      1930.
    There is authorized to be appropriated $20,000,000, for each of 
fiscal years 2023 through 2028, to the Commissioner of U.S. Customs and 
Border Protection to strengthen the enforcement of section 307 of the 
Tariff Act of 1930 (19 U.S.C. 1307).

                        TITLE III--SEVERABILITY

    SEC. 301. SEVERABILITY.
    If any provision of this Act or amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance, is held to be unconstitutional, the remainder of this Act 
and the amendments made by this Act, and the application of the 
provision or amendment to any other person or circumstance, shall not 
be affected.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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