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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5856 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 5856

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2023

   Mr. Smith of New Jersey (for himself, Mr. McCaul, Ms. Wild, Mrs. 
  Wagner, Ms. Manning, Ms. Salazar, Mr. Cuellar, Mr. Wilson of South 
  Carolina, Mrs. Radewagen, and Mr. Burgess) introduced the following 
 bill; which was referred to the Committee on Foreign Affairs, and in 
  addition to the Committees on Education and the Workforce, and the 
 Judiciary, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``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

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.
               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

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 non-governmental 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 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 requires 
                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 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 watchlist described in 
        subparagraph (A) for more than 1 year 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 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 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).

               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 Victims of Trafficking and Violence Protection 
Act of 2000 (22 U.S.C. 7110) is amended--
            (1) in subsection (a), by striking ``2018 through 2021, 
        $13,822,000'' and inserting ``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, $89,500,000'';
                    (B) in subparagraph (C), by striking ``; and'' and 
                inserting a semicolon;
                    (C) in subparagraph (D), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following new 
                subparagraph:
                    ``(E) to fund programs to end modern slavery, in an 
                amount not to exceed $37,500,000 for each of the fiscal 
                years 2024 through 2028.''; and
            (4) in subsection (d) in paragraph (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''.
                                 <all>
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