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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3949 Engrossed in Senate (ES)]

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117th CONGRESS
  2d Session
                                S. 3949

_______________________________________________________________________

                                 AN ACT

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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trafficking Victims Prevention and 
Protection Reauthorization Act of 2022''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
     TITLE I--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES

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

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

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

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

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

Sec. 301. Severability.

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

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

SEC. 101. AUTHORITY TO AWARD COMPETITIVE GRANTS TO ENHANCE 
              COLLABORATION BETWEEN STATE CHILD WELFARE AND JUVENILE 
              JUSTICE SYSTEMS.

    (a) In General.--Subpart 1 of part B of title IV of the Social 
Security Act (42 U.S.C. 621 et seq.) is amended by adding at the end 
the following:

``SEC. 429A. GRANTS TO STATES TO ENHANCE COLLABORATION BETWEEN STATE 
              CHILD WELFARE AND JUVENILE JUSTICE SYSTEMS.

    ``(a) Purpose.--The purpose of this section is to authorize the 
Secretary, in collaboration with the Attorney General and the 
Administrator of the Office of Juvenile Justice and Delinquency 
Prevention of the Department of Justice--
            ``(1) to make grants to State child welfare and juvenile 
        justice agencies and child- and youth-serving agencies to 
        collaborate in the collection of data relating to dual status 
        youth; and
            ``(2) to develop practices, policies, and protocols--
                    ``(A) to confront the challenges presented and 
                experienced by dual status youth; and
                    ``(B) for the development of interoperable data 
                systems.
    ``(b) Authority to Award Grants.--
            ``(1) In general.--Subject to the availability of 
        appropriations, from amounts reserved under section 423(a)(2) 
        for a fiscal year, the Secretary shall award competitive grants 
        jointly to a State child welfare agency and a State juvenile 
        justice agency to facilitate or enhance collaboration between 
        the child welfare and juvenile justice systems of the State in 
        order to carry out programs to address the needs of dual status 
        youth and their families.
            ``(2) Length of grants.--
                    ``(A) In general.--Subject to subparagraph (B), a 
                grant shall be awarded under this section for a period 
                of not less than 2 fiscal years and not more than 5 
                fiscal years.
                    ``(B) Extension of grant.--Upon the application of 
                the grantee, the Secretary may extend the period for 
                which a grant is awarded under this section for not 
                more than 2 fiscal years.
    ``(c) Additional Requirements.--
            ``(1) Application.--In order for a State to be eligible for 
        a grant under this section, the State shall submit an 
        application, subject to the approval of the Secretary, that 
        includes--
                    ``(A) a description of the proposed leadership 
                collaboration group (including the membership of such 
                group), and how such group will manage and oversee a 
                review and analysis of current practices while working 
                to jointly address enhanced practices to improve 
                outcomes for dual status youth;
                    ``(B) a description of how the State proposes--
                            ``(i) to identify dual status youth;
                            ``(ii) to identify individuals who are at 
                        risk of becoming dual status youth;
                            ``(iii) to identify common characteristics 
                        shared by dual status youth in the State; and
                            ``(iv) to determine the prevalence of dual 
                        status youth in the State;
                    ``(C) a description of current and proposed 
                practices and procedures that the State intends to 
                use--
                            ``(i) to screen and assess dual status 
                        youth for risks and treatment needs;
                            ``(ii) to provide targeted and evidence-
                        based services, including educational, 
                        behavioral health, and pro-social treatment 
                        interventions for dual status youth and their 
                        families; and
                            ``(iii) to provide for a lawful process to 
                        enhance or ensure the abilities of the State 
                        and any relevant agencies to share information 
                        and data about dual status youth, while 
                        maintaining confidentiality and privacy 
                        protections under Federal and State law; and
                    ``(D) a certification that the State has involved 
                local governments, as appropriate, in the development, 
                expansion, modification, operation, or improvement of 
                proposed policy and practice reforms to address the 
                needs of dual status youth.
            ``(2) No supplantation of other funds.--Any amounts paid to 
        a State under a grant under this section shall be used to 
        supplement and not supplant other State expenditures on dual 
        status youths or children involved with either the child 
        welfare or juvenile justice systems.
            ``(3) Evaluation.--Up to 10 percent of the amount made 
        available to carry out this section for a fiscal year shall be 
        made available to the Secretary to evaluate the effectiveness 
        of the projects funded under this section, using a methodology 
        that--
                    ``(A) includes random assignment whenever feasible, 
                or other research methods that allow for the strongest 
                possible causal inferences when random assignment is 
                not feasible; and
                    ``(B) generates evidence on the impact of specific 
                projects, or groups of projects with identical (or 
                similar) practices and procedures.
            ``(4) Report.--A State child welfare agency and a State 
        juvenile justice agency receiving a grant under this section 
        shall jointly submit to the Secretary, the Attorney General, 
        and the Administrator of the Office of Juvenile Justice and 
        Delinquency Prevention of the Department of Justice, a report 
        on the evaluation of the activities carried out under the grant 
        at the end of each fiscal year during the period of the grant. 
        Such report shall include--
                    ``(A) a description of the scope and nature of the 
                dual status youth population in the State, including 
                the number of dual status youth;
                    ``(B) a description of the evidence-based practices 
                and procedures used by the agencies to carry out the 
                activities described in clauses (i) through (iii) of 
                paragraph (1)(C); and
                    ``(C) an analysis of the effects of such practices 
                and procedures, including information regarding--
                            ``(i) the collection of data related to 
                        individual dual status youths;
                            ``(ii) aggregate data related to the dual 
                        status youth population, including--
                                    ``(I) characteristics of dual 
                                status youths in the State;
                                    ``(II) case processing timelines; 
                                and
                                    ``(III) information related to case 
                                management, the provision of targeted 
                                services, and placements within the 
                                foster care or juvenile justice system; 
                                and
                            ``(iii) the extent to which such practices 
                        and procedures have contributed to--
                                    ``(I) improved educational outcomes 
                                for dual status youths;
                                    ``(II) fewer delinquency referrals 
                                for dual status youths;
                                    ``(III) shorter stays in intensive 
                                restrictive placements for dual status 
                                youths; or
                                    ``(IV) such other outcomes for dual 
                                status youths as the State child 
                                welfare agency and State juvenile 
                                justice agency may identify.
    ``(d) Training and Technical Assistance.--The Secretary may support 
State child welfare agencies and State juvenile justice agencies by 
offering a program, developed in consultation with organizations and 
agencies with subject matter expertise, of training and technical 
assistance to assist such agencies in developing programs and protocols 
that draw on best practices for serving dual status youth in order to 
facilitate or enhance--
            ``(1) collaboration between State child welfare agencies 
        and State juvenile justice agencies; and
            ``(2) the effectiveness of such agencies with respect to 
        working with Federal agencies and child welfare and juvenile 
        justice agencies from other States.
    ``(e) Report.--Not later than 3 years after the date of enactment 
of this section, and every 3 years thereafter, the Secretary, the 
Attorney General, and the Administrator of the Office of Juvenile 
Justice and Delinquency Prevention of the Department of Justice shall 
jointly submit to the Committee on Finance and the Committee on the 
Judiciary of the Senate and the Committee on Ways and Means and the 
Committee on Education and Labor of the House of Representatives, a 
report on the grants provided under this section.
    ``(f) Definitions.--In this section:
            ``(1) Dual status youth.--The term `dual status youth' 
        means a child who has come into contact with both the child 
        welfare and juvenile justice systems and occupies various 
        statuses in terms of the individual's relationship to such 
        systems.
            ``(2) Leadership collaboration group.--The term `leadership 
        collaboration group' means a group composed of senior officials 
        from the State child welfare agency, the State juvenile justice 
        agency, and other relevant youth and family-serving public 
        agencies and private organizations, including, to the extent 
        practicable, representatives from the State judiciary branch.
            ``(3) State juvenile justice agency.--The term `State 
        juvenile justice agency' means the agency of the State or 
        Indian tribe responsible for administering grant funds awarded 
        under the Juvenile Justice and Delinquency Prevention Act of 
        1974 (34 U.S.C. 11101 et seq.).
            ``(4) State child welfare agency.--The term `State child 
        welfare agency' means the State agency responsible for 
        administering the program under this subpart, or, in the case 
        of a tribal organization that is receiving payments under 
        section 428, the tribal agency responsible for administering 
        such program.''.
    (b) Conforming Amendments.--Section 423(a) of such Act (42 U.S.C. 
623(a)) is amended--
            (1) by striking ``The sum appropriated'' and inserting the 
        following:
            ``(1) In general.--Subject to paragraph (2), the sum 
        appropriated''; and
            (2) by adding at the end the following:
            ``(2) Grants to states to enhance collaboration between 
        state child welfare and juvenile justice systems.--For each 
        fiscal year beginning with fiscal year 2023 for which the 
        amount appropriated under section 425 for the fiscal year 
        exceeds $270,000,000--
                    ``(A) the Secretary shall reserve from such excess 
                amount such sums as are necessary for making grants 
                under section 429A for such fiscal year; and
                    ``(B) the remainder to be applied under paragraph 
                (1) for purposes of making allotments to States for 
                such fiscal year shall be determined after the 
                Secretary first allots $70,000 to each State under such 
                paragraph and reserves such sums under subparagraph (A) 
                of this paragraph.''.

SEC. 102. ELIMINATION OF SUNSET FOR ADVISORY COUNCIL ON HUMAN 
              TRAFFICKING.

    The Survivors of Human Trafficking Empowerment Act (section 115 of 
Public Law 114-22) is amended by striking subsection (h).

SEC. 103. PILOT PROGRAM FOR YOUTH AT HIGH RISK OF BEING TRAFFICKED.

    Section 202(b) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (34 U.S.C. 20702(b)) is amended by adding 
at the end the following:
            ``(5) Pilot demonstration program.--
                    ``(A) Establishment.--The Assistant Attorney 
                General, in consultation with the Assistant Secretary, 
                shall establish a pilot demonstration program, through 
                which community-based organizations in underserved 
                communities, prioritizing rural communities, in the 
                United States may apply for funding to develop, 
                implement, and build replicable treatment models, based 
                on the type of housing unit that the individual being 
                treated lives in, with supportive services and 
                innovative care, treatment, and services.
                    ``(B) Population to be served.--The program 
                established pursuant to subparagraph (A) shall 
                primarily serve adolescents and youth who--
                            ``(i) are transitioning out of foster care;
                            ``(ii) struggle with substance use 
                        disorder;
                            ``(iii) are pregnant or parenting; or
                            ``(iv) have experienced foster care 
                        involvement or involvement in the child welfare 
                        system, child poverty, child abuse or neglect, 
                        human trafficking, juvenile justice 
                        involvement, gang involvement, or homelessness.
                    ``(C) Authorized activities.--Funding provided 
                under subparagraph (A) may be used for--
                            ``(i) providing residential care, including 
                        temporary or long-term placement as 
                        appropriate;
                            ``(ii) providing 24-hour emergency social 
                        services response;
                            ``(iii) providing clothing and other daily 
                        necessities needed to keep individuals from 
                        returning to living on the street;
                            ``(iv) case management services;
                            ``(v) mental health counseling, including 
                        specialized counseling and substance abuse 
                        treatment;
                            ``(vi) legal services;
                            ``(vii) specialized training for social 
                        service providers, public sector personnel, and 
                        private sector personnel likely to encounter 
                        sex trafficking and labor trafficking victims 
                        on issues related to the sex trafficking and 
                        labor trafficking of minors; and
                            ``(viii) outreach and education programs to 
                        provide information about deterrence and 
                        prevention of sex trafficking and labor 
                        trafficking of minors.
                    ``(D) Funding priority.--The Assistant Attorney 
                General shall give funding priority to community-based 
                programs that provide crisis stabilization, emergency 
                shelter, and addiction treatment for adolescents and 
                transitional age residential programs that have 
                reputable outcomes.''.

     Subtitle B--Governmental Efforts To Prevent Human Trafficking

SEC. 121. COMPTROLLER GENERAL REPORT ON OVERSIGHT OF FEDERAL SUPPLY 
              CHAINS.

    (a) In General.--Not later than June 1, 2024, the Comptroller 
General of the United States shall submit to the appropriate 
congressional committees a report on Federal contract supply chain 
oversight related to the prevention of trafficking in persons.
    (b) Elements.--The report required under subsection (a) shall 
include an assessment of the following:
            (1) The compliance of Federal agencies with the requirement 
        under section 1704(c)(1) of the National Defense Authorization 
        Act for Fiscal Year 2013 (22 U.S.C. 7104b(c)(1)) to refer to 
        suspension and debarment officials allegations of trafficking 
        in persons activities on the part of contract, grant, and 
        cooperative agreement recipients.
            (2) The compliance of Federal agencies with the requirement 
        to include the contract clause regarding combating trafficking 
        in persons provided for under section 222.50 of the Federal 
        Acquisition Regulation (or successor regulations).
            (3) Federal agency enforcement and monitoring activities 
        related to ensuring the compliance of Federal contractors and 
        subcontractors with the annual certification requirements under 
        such section 222.50.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Homeland Security and Governmental Affairs, and the Committee 
        on Appropriations of the Senate; and
            (2) the Committee on Armed Services, the Committee on 
        Oversight and Reform, and the Committee on Appropriations of 
        the House of Representatives.

SEC. 122. ENSURING ANTI-TRAFFICKING-IN-PERSONS TRAININGS AND PROVISIONS 
              INTO CODES OF CONDUCT OF ALL FEDERAL DEPARTMENTS AND 
              EXECUTIVE AGENCIES.

    (a) Findings.--Congress finds the following:
            (1) Human trafficking is inimical to every Federal agency's 
        core values and inherently harmful and dehumanizing.
            (2) Through the adoption of a Code of Conduct, Federal 
        agencies hold their personnel to similar standards that are 
        required of contractors and subcontractors of the agency under 
        Federal law.
            (3) Human trafficking is a violation of human rights and 
        against Federal law.
            (4) The United States Government seeks to deter activities 
        that would facilitate or support trafficking in persons.
    (b) Sense of Congress on Implementation of Anti-trafficking-in-
persons Policies.--It is the sense of Congress that--
            (1) beginning not later than 18 months after the date of 
        the enactment of this Act, the head of every Federal agency 
        should incorporate a module on human trafficking into its staff 
        training requirements and menu of topics to be covered in the 
        annual ethics training of such agency;
            (2) such staff trainings should teach employees how to 
        prevent, identify, and report trafficking in persons;
            (3) Federal agencies that already provide counter 
        trafficking-in-persons training for staff should share their 
        curricula with agencies that do not have such curricula;
            (4) the head of each agency should inform all candidates 
        for employment about the anti-trafficking provisions in the 
        Code of Conduct of the agency;
            (5) employees of each Federal agency should sign 
        acknowledgment of the agency's Code of Conduct, which should be 
        kept in the file of the employee; and
            (6) a violation of the Code of Conduct should lead to 
        disciplinary action, up to and including termination of 
        employment.
    (c) Policy for Executive Branch Employees.--The President shall 
take such steps as may be necessary to ensure that each officer and 
employee (including temporary employees, persons stationed abroad while 
working for the United States, and detailees from other agencies of the 
Federal Government) of an agency in the executive branch of the Federal 
Government is subject to a policy with a minimum standard that 
contains--
            (1) a prohibition from engaging in human trafficking while 
        employed by the Government in a full-time or part-time 
        capacity;
            (2) a requirement that all Federal personnel, without 
        regard to whether the person is stationed abroad, be sensitized 
        to human trafficking and the ethical conduct requirements that 
        prohibit the procurement of trafficking in persons;
            (3) a requirement that all such personnel be equipped with 
        the necessary knowledge and tools to prevent, recognize, 
        report, and address human trafficking offenses through a 
        training for new personnel and through regular refresher 
        courses offered every 2 years; and
            (4) a requirement that all such personnel report to the 
        applicable inspector general and agency trafficking in persons 
        point of contact any suspected cases of misconduct, waste, 
        fraud, or abuse relating to trafficking in persons.
    (d) Timing.--The policy described in subsection (c)--
            (1) shall be established or integrated into all applicable 
        employee codes of conduct not later than 18 months after the 
        date of the enactment of this Act;
            (2) may not replace any preexisting code of conduct that 
        contains more robust requirements than the requirements 
        described in subsection (c); and
            (3) shall be signed by all personnel described in 
        subsection (c) not later than 2 years after such date of 
        enactment.
    (e) Reporting.--The Office of Inspector General of a Federal 
department or agency, in consultation with the head of such agency, 
shall submit an annual report to Congress, which shall be publicly 
accessible, containing--
            (1) the number of suspected violations reported;
            (2) the number of investigations;
            (3) the status and outcomes of such investigations; and
            (4) any recommended actions to improve the programs and 
        operations of such agency.

SEC. 123. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON ACCESSIBILITY OF 
              MENTAL HEALTH SERVICES AND SUBSTANCE USE DISORDER 
              SERVICES.

    Not later than 3 years after the date of the enactment of this Act, 
the Comptroller General of the United States shall--
            (1) conduct a study of the accessibility of mental health 
        services and substance use disorder treatment and recovery for 
        survivors of human trafficking in the United States of various 
        ages; and
            (2) submit a report to Congress containing the findings of 
        such study and recommendations for increased accessibility and 
        affordability for survivors of trafficking.

SEC. 124. NSF SUPPORT OF RESEARCH ON IMPACTS OF SOCIAL MEDIA ON HUMAN 
              TRAFFICKING.

    (a) Definitions.--In this section:
            (1) Human trafficking.--The term ``human trafficking'' 
        means an act or practice described in section 103(11) of the 
        Trafficking Victims Protection Act of 2000 (22 U.S.C. 
        7102(11)).
            (2) Social media platform.--The term ``social media 
        platform'' means a website or internet medium that--
                    (A) permits a person to become a registered user, 
                establish an account, or create a profile for the 
                purpose of allowing users to create, share, and view 
                user-generated content through such an account or 
                profile;
                    (B) enables 1 or more users to generate content 
                that can be viewed by other users of the medium; and
                    (C) primarily serves as a medium for users to 
                interact with content generated by other users of the 
                medium.
    (b) Support of Research.--The Director of the National Science 
Foundation, in consultation with the Attorney General, the Secretary of 
Homeland Security, and the Secretary of Health and Human Services, 
shall support merit-reviewed and competitively awarded research on the 
impact of online social media platforms on the maintenance or expansion 
of human trafficking, which may include--
            (1) fundamental research on digital forensic tools or other 
        technologies for verifying the authenticity of social media 
        platform users and their materials, that are utilized in the 
        promotion or operation of human trafficking networks;
            (2) fundamental research on privacy preserving technical 
        tools that may aid law enforcement's ability to identify and 
        prosecute individuals or entities promoting or involved in 
        human trafficking;
            (3) social and behavioral research related to social media 
        platform users who engage with those promoting or involved in 
        human trafficking;
            (4) research on the effectiveness of expanding public 
        understanding, awareness, or law enforcement efforts in 
        combating human trafficking through social media platforms; and
            (5) research awards coordinated with other Federal agencies 
        and programs, including the Information Integrity Research and 
        Development Interagency Working Group and the Privacy Research 
        and Development Interagency Working Group of the Networking and 
        Information Technology Research and Development Program, the 
        Office for Victims of Crime of the Department of Justice, the 
        Blue Campaign of the Department of Homeland Security, the 
        Office to Monitor and Combat Trafficking in Persons of the 
        Department of State, and activities of the Department of 
        Transportation and the Advisory Committee on Human Trafficking.
    (c) Survivors.--To the extent possible, the Director of the 
National Science Foundation shall ensure that research supported under 
subsection (b) incorporates the experiences, input, and safety and 
privacy concerns of human trafficking survivors.
    (d) Reports.--
            (1) Findings and recommendations.--Not later than 1 year 
        after the date of enactment of this Act, the Director of the 
        National Science Foundation shall report to the Committee on 
        Commerce, Science, and Transportation of the Senate, the 
        Subcommittee on Commerce, Justice, Science, and Related 
        Agencies of the Committee on Appropriations of the Senate, the 
        Committee on Science, Space, and Technology of the House of 
        Representatives, and the Subcommittee on Commerce, Justice, 
        Science, and Related Agencies of the Committee on 
        Appropriations of the House of Representatives--
                    (A) the Director's findings with respect to the 
                feasibility for research opportunities, including with 
                the private sector social media platform companies, to 
                improve the ability to combat human trafficking 
                operations; and
                    (B) any recommendations of the Director that could 
                facilitate and improve communication and coordination 
                among the private sector, the National Science 
                Foundation, and relevant Federal agencies to improve 
                the ability to combat human trafficking operations 
                through social media.
            (2) Results of research.--Not later than 4 years after the 
        date of enactment of this Act, the Director of the National 
        Science Foundation shall report to the Committee on Commerce, 
        Science, and Transportation of the Senate, the Subcommittee on 
        Commerce, Justice, Science, and Related Agencies of the 
        Committee on Appropriations of the Senate, the Committee on 
        Science, Space, and Technology of the House of Representatives, 
        and the Subcommittee on Commerce, Justice, Science, and Related 
        Agencies of the Committee on Appropriations of the House of 
        Representatives on the results of the research supported under 
        this section.

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

SEC. 131. TRANSPARENCY IN ANTI-TRAFFICKING EXPENDITURES.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, and not later than October 1 of each of the 
following 5 years, the head of each Federal department or agency to 
which amounts are appropriated for the purpose of awarding grants for 
anti-trafficking in persons, and the head of each Federal department 
and agency contributing to the annual congressional earmark for 
counter-trafficking in persons, shall publish on the public website of 
the department or agency, with respect to the prior fiscal year--
            (1) each obligation or expenditure of Federal funds for the 
        purpose of combating human trafficking and forced labor; and
            (2) subject to subsection (b), and with respect to each 
        such obligation or expenditure, the name of a primary 
        recipient, and any subgrantees, and their project location, 
        activity, award amounts, and award periods.
    (b) Exception for Security Concerns.--If the head of a Federal 
department or agency determines that a primary recipient or subgrantee 
for purposes of subsection (a) has a security concern--
            (1) the award recipients shall not be publicly identified 
        pursuant to subsection (a)(2); and
            (2) only the activity, award amounts, and award periods 
        shall be publicly listed pursuant to such subsection.

SEC. 132. SENSE OF CONGRESS REGARDING UNITED STATES COMPANIES ADOPTING 
              COUNTER-TRAFFICKING-IN-PERSONS POLICIES.

    It is the sense of Congress that--
            (1) companies headquartered or doing business in the United 
        States that are not small business concerns (as defined in 
        section 3 of the Small Business Act (15 U.S.C. 632)) should 
        adopt a written policy not later than 18 months after the date 
        of the enactment of this Act that--
                    (A) prohibits trafficking in persons;
                    (B) is published annually; and
                    (C) is accessible in a prominent place on their 
                public website; and
            (2) such policy should expressly prohibit the company, its 
        employees, or agents from--
                    (A) engaging in human trafficking;
                    (B) using forced labor for the development, 
                production, shipping, or sale of its goods or services;
                    (C) destroying, concealing, confiscating, or 
                otherwise denying access by an employee to the 
                employee's identity or immigration documents, such as 
                passports or drivers' licenses, regardless of issuing 
                authority;
                    (D) using misleading or fraudulent practices during 
                the recruitment of employees or offering of employment, 
                such as--
                            (i) failing to disclose, in a format and 
                        language understood by the employee or 
                        potential employee, basic information; or
                            (ii) making material misrepresentations 
                        during the recruitment of employees regarding 
                        the key terms and conditions of employment, 
                        including--
                                    (I) wages and fringe benefits;
                                    (II) the location of work;
                                    (III) the living conditions;
                                    (IV) housing and associated costs 
                                (if employer- or agent-provided or 
                                arranged);
                                    (V) any significant costs to be 
                                charged to the employee or potential 
                                employee; and
                                    (VI) the hazardous nature of the 
                                work, if applicable;
                    (E) using recruiters that do not comply with local 
                labor laws of the country in which the recruiting takes 
                place;
                    (F) providing or arranging housing that fails to 
                meet the host country housing and safety standards; and
                    (G) failing to provide an employment contract, 
                recruitment agreement, or other required work 
                document--
                            (i) in writing--
                                    (I) in a language the employee 
                                understands; or
                                    (II) along with an independent 
                                interpreter if the document cannot be 
                                provided in a language the employee 
                                understands;
                            (ii) not later than 5 days before the 
                        employee relocates, if relocation is required 
                        to perform the work; and
                            (iii) that includes details about work 
                        description, wages, work locations, living 
                        accommodations and associated costs, time off, 
                        round-trip transportation arrangements, 
                        grievance processes, and the content of 
                        applicable laws and regulations that prohibit 
                        trafficking in persons.

SEC. 133. AMENDMENTS TO THE CHILD ABUSE PREVENTION AND TREATMENT ACT.

    Section 111(b)(1) of the Child Abuse Prevention and Treatment Act 
(42 U.S.C. 5106g(b)(1)) is amended by striking ``a victim of'' and all 
that follows and inserting ``a victim of `child abuse and neglect' and 
of `sexual abuse' if the child is identified, by a State or local 
agency employee of the State or locality involved, as being a victim of 
human trafficking.''.

SEC. 134. SENSE OF CONGRESS REGARDING TIMELY SUBMISSION OF DEPARTMENT 
              OF JUSTICE REPORTS.

    It is the sense of Congress that--
            (1) the Department of Justice has failed to meet its 
        reporting requirements under title IV of the Trafficking 
        Victims Protection Act of 2017 (34 U.S.C. 10101 et seq.); and
            (2) progress on critical data collection about human 
        trafficking and crime reporting are in jeopardy as a result of 
        such failure and must be addressed immediately.

SEC. 135. SENSE OF CONGRESS ON CRITERIA FOR CLASSIFYING VICTIMS OF 
              CHILD SEX TRAFFICKING.

    It is the sense of Congress that--
            (1) all States (including the District of Columbia) and 
        territories should evaluate whether to eliminate the 
        requirement for third-party control to properly qualify a child 
        as a victim of sex trafficking, to--
                    (A) aid in the identification and prevention of 
                child sex trafficking;
                    (B) protect children; and
                    (C) appropriately prosecute perpetrators to the 
                fullest extent of the law; and
            (2) a person is qualified as a victim of child sex 
        trafficking if the person is a victim, as a child, of human 
        trafficking.

SEC. 136. MISSING AND ABDUCTED FOSTER CHILDREN AND YOUTH.

    It is the sense of Congress that--
            (1) each State child welfare agency should--
                    (A) prioritize developing and implementing 
                protocols to comply with section 471(a)(35) of the 
                Social Security Act (42 U.S.C. 671(a)(35)), as amended 
                by section 137; and
                    (B) report the information the agency receives 
                about missing or abducted foster children and youth to 
                the National Center on Missing and Exploited Children 
                and to law enforcement authorities for inclusion in the 
                Federal Bureau of Investigation's National Crime 
                Information Center database, in accordance with section 
                471(a)(34) of the Social Security Act (42 U.S.C. 
                671(a)(34));
            (2) the reports described in paragraph (1)(B)--
                    (A) should be made immediately (and in no case 
                later than 24 hours) after the information is received; 
                and
                    (B) were required to be provided to the Secretary 
                of Health and Human Services beginning on September 30, 
                2016; and
            (3) according to section 471(a)(34) of such Act, each State 
        child welfare agency was required to submit annual reports to 
        the Secretary of Health and Human Services beginning on 
        September 30, 2017, to notify the Secretary of the total number 
        of children and youth who are victims of human trafficking.

SEC. 137. MODIFICATION TO STATE PLAN FOR FOSTER CARE AND ADOPTION 
              ASSISTANCE.

    (a) State Plan Amendment.--Section 471(a)(35)(B) of the Social 
Security Act (42 U.S.C. 671(a)(35)(B)) is amended by striking the 
semicolon at the end and inserting the following: ``(referred to in 
this subparagraph as ``NCMEC''), and that the State agency shall 
maintain regular communication with law enforcement agencies and NCMEC 
in efforts to provide a safe recovery of a missing or abducted child or 
youth, including by sharing information pertaining to the child's or 
youth's recovery and circumstances related to the recovery, and that 
the State report submitted to law enforcement agencies and NCMEC shall 
include where reasonably possible--
                            ``(i) a photo of the missing or abducted 
                        child or youth;
                            ``(ii) a description of the child's or 
                        youth's physical features, such as height, 
                        weight, sex, ethnicity, race, hair color, and 
                        eye color; and
                            ``(iii) endangerment information, such as 
                        the child's or youth's pregnancy status, 
                        prescription medications, suicidal tendencies, 
                        vulnerability to being sex trafficked, and 
                        other health or risk factors;''.
    (b) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendment made by subsection (a) shall take effect on the date 
        of enactment of this Act.
            (2) Delay if state legislation required.--In the case of a 
        State plan under part E of title IV of the Social Security Act 
        which the Secretary of Health and Human Services determines 
        requires State legislation (other than legislation 
        appropriating funds) in order for the plan to meet the 
        additional requirements imposed by the amendment made by 
        subsection (a), the State plan shall not be regarded as failing 
        to comply with the requirements of such part solely on the 
        basis of the failure of the plan to meet such additional 
        requirements before the first day of the first calendar quarter 
        beginning after the close of the first regular session of the 
        State legislature that begins after the date of enactment of 
        this Act. For purposes of the previous sentence, in the case of 
        a State that has a 2-year legislative session, each year of the 
        session shall be deemed to be a separate regular session of the 
        State legislature.

               TITLE II--AUTHORIZATION OF APPROPRIATIONS

SEC. 201. EXTENSION OF AUTHORIZATIONS UNDER THE VICTIMS OF TRAFFICKING 
              AND VIOLENCE PROTECTION ACT OF 2000.

    Section 113 of the Victims of Trafficking and Violence Protection 
Act of 2000 (22 U.S.C. 7110) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``To carry out 
                the purposes of sections 106(b) and 107(b),'' and 
                inserting ``To carry out the purposes of sections 
                106(b) and 107(b) of this Act and section 429A of the 
                Social Security Act,''; and
                    (B) in paragraph (2), by striking ``2018 through 
                2021'' and inserting ``2023 through 2028'';
            (2) in subsection (d)(3), by striking ``$11,000,000 to the 
        Attorney General for each of the fiscal years 2018 through 
        2021'' and inserting ``$11,000,000 to the Attorney General for 
        each of the fiscal years 2023 through 2028'';
            (3) in subsection (f), by striking ``2018 through 2021.'' 
        and inserting ``2023 through 2028''; and
            (4) in subsection (i)--
                    (A) by striking ``2018 through 2021'' and inserting 
                ``2023 through 2028''; and
                    (B) by inserting ``of which $2,000,000 shall be 
                made available each fiscal year for the establishment 
                of a labor trafficking investigation team within the 
                Department of Homeland Security Center for Countering 
                Human Trafficking, and the remaining funds shall be 
                used'' after ``expended,''.

SEC. 202. IMPROVING ENFORCEMENT OF SECTION 307 OF THE TARIFF ACT OF 
              1930.

    There is authorized to be appropriated $20,000,000, for each of 
fiscal years 2023 through 2028, to the Commissioner of U.S. Customs and 
Border Protection to strengthen the enforcement of section 307 of the 
Tariff Act of 1930 (19 U.S.C. 1307).

                        TITLE III--SEVERABILITY

SEC. 301. SEVERABILITY.

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

            Passed the Senate December 20, 2022.

            Attest:

                                                             Secretary.
117th CONGRESS

  2d Session

                                S. 3949

_______________________________________________________________________

                                 AN ACT

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