Trafficking Victims Prevention and Protection Reauthorization Act of 2022

To reauthorize the Trafficking Victims Protection Act of 2000, and for other purposes. 1. Short title This Act may be cited as the Trafficking Victims Prevention and Protection Reauthorization Act of 2022 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—Combating trafficking in persons in the United States Subtitle A—Programs To Support Young Victims who are Vulnerable to Human Trafficking Sec. 101. Authority to award competitive grants to enhance collaboration between State child welfare and juvenile justice systems. Sec. 102. Employment and education program for trafficking survivors with a history in the State child protection and welfare system. Sec. 103. Elimination of sunset for Advisory Council on Human Trafficking. Sec. 104. Pilot program for youth at high risk of being trafficked. Sec. 105. Facilitating United States investigations into potential human trafficking cases. Subtitle B—Governmental Efforts To Prevent Human Trafficking Sec. 121. Preventing trafficking in persons in Federal contractor supply chains. Sec. 122. Ensuring anti-trafficking-in-persons trainings and provisions into Codes of Conduct of all Federal departments and executive agencies. Sec. 123. Government Accountability Office study on accessibility of mental health services and substance use disorder services. Subtitle C—Monitoring Child, Forced, and Slave Labor Sec. 131. Transparency in anti-trafficking expenditures. Sec. 132. Sense of Congress regarding United States companies adopting counter-trafficking-in-persons policies. Sec. 133. Amendments to the Child Abuse Prevention and Treatment Act. Sec. 134. Sense of Congress regarding timely submission of Department of Justice reports. Sec. 135. Sense of Congress on criteria for classifying victims of child sex trafficking. Sec. 136. Missing and abducted foster children and youth. Sec. 137. Modification to State plan for foster care and adoption assistance. Sec. 138. Survivors' bill of rights. TITLE II—Authorization of appropriations Sec. 201. Extension of authorizations under the Victims of Trafficking and Violence Protection Act of 2000. Sec. 202. Extension of authorizations under the International Megan’s Law. Sec. 203. Extension of authorizations for the Human Exploitation Rescue Operation Child-Rescue Corps Program. Sec. 204. Improving enforcement of section 307 of the Tariff Act of 1930. TITLE III—Severability Sec. 301. Severability. I Combating trafficking in persons in the United States A Programs To Support Young Victims who are Vulnerable to Human Trafficking 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. 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 (2) Leadership collaboration group The term leadership collaboration group (3) State juvenile justice agency The term State juvenile justice agency 34 U.S.C. 11101 et seq. (4) State child welfare agency The term State child welfare agency . (b) Conforming amendments Section 423(a) of such Act ( 42 U.S.C. 623(a) (1) by striking The sum appropriated (1) In general Subject to paragraph (2), the sum appropriated ; and (2) by adding at the end the following: (2) Grants to states to enhance collaboration between state child welfare and juvenile justice systems For each fiscal year beginning with fiscal year 2022 for which the amount appropriated under section 425 for the fiscal year exceeds $270,000,000— (A) the Secretary shall reserve from such excess amount such sums as are necessary for making grants under section 429A for such fiscal year; and (B) the remainder to be applied under paragraph (1) for purposes of making allotments to States for such fiscal year shall be determined after the Secretary first allots $70,000 to each State under such paragraph and reserves such sums under subparagraph (A) of this paragraph. . 102. Employment and education program for trafficking survivors with a history in the State child protection and welfare system (a) Definitions In this section: (1) Eligible individual The term eligible individual (A) is eligible to receive services under section 107 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7105 (B) has a history in the State child protection and welfare system. (2) Eligible organization The term eligible organization (A) using national or local anti-trafficking networks to serve victims of human trafficking; (B) qualifying, providing, and coordinating services for survivors of trafficking (as described in subsection (c)) that are linguistically accessible, culturally responsive, age-appropriate, developmentally appropriate, and trauma-informed; and (C) identifying and assisting victims of labor trafficking and commercial sexual exploitation, especially youth and underserved populations. (3) Program The term Program (4) Secretary The term Secretary (b) Employment and Education Program The Secretary of Health and Human Services may carry out a Human Trafficking Survivors Employment and Education Program to prevent the re-exploitation of eligible individuals who have been removed from trafficking situations, by assisting such individuals to integrate or reintegrate into society through social services support for the attainment of life skills, employment, and education necessary to achieve self-sufficiency. (c) Services provided Services offered, provided, and funded by the Program shall include (as relevant to the trafficking survivor)— (1) enrollment and participation in— (A) basic education, including literacy education and English as a second language education; (B) job-related skills training; (C) vocational and certificate programs; (D) programs for attaining a regular high school diploma or its recognized equivalent; or (E) training for career opportunities in opportunity jobs, which shall be defined for purposes of this subparagraph as jobs that— (i) have a low potential for automation; (ii) do not require a college degree; and (iii) are projected to grow after the COVID–19 pandemic; (2) life-skill training programs, including management of personal finances, self-care, and parenting classes; (3) résumé creation and review; (4) interview coaching and counseling; (5) assistance with expungement of criminal records when such records are for nonviolent crimes that were committed as a consequence of the eligible individual’s victimization; (6) assistance with enrollment in college or technical school; (7) scholarship assistance for attending college or technical school; (8) professional coaching or professional development classes; (9) case management to develop an individualized plan with each survivor, based on each person’s needs and goals; (10) assistance with obtaining victim compensation, direct victim assistance, or other funds for mental health care; and (11) other programs and services that help eligible individuals to achieve self-sufficiency, such as wrap-around social services to assist survivors in meeting their basic needs. (d) Service period Eligible individuals may receive services through the Program for a cumulative period of 5 years. (e) Cooperative agreements Subject to the availability of appropriations, the Secretary shall enter into cooperative agreements with one or more eligible organizations to carry out this section. 103. Elimination of sunset for Advisory Council on Human Trafficking The Survivors of Human Trafficking Empowerment Act (section 115 of Public Law 114–22 104. Pilot program for youth at high risk of being trafficked Section 202(b) of the Trafficking Victims Protection Reauthorization Act of 2005 ( 34 U.S.C. 20702(b) (5) Pilot demonstration program (A) Establishment The Assistant Attorney General, in consultation with the Assistant Secretary, shall establish a pilot demonstration program, through which community-based organizations in underserved communities, prioritizing rural communities, in the United States may apply for funding to develop, implement, and build replicable treatment models for different housing models with supportive services and innovative care, treatment, and services. (B) Population to be served The program established pursuant to subparagraph (A) shall primarily serve adolescents and youth who— (i) are transitioning out of foster care; (ii) struggle with substance use disorder; (iii) are pregnant or parenting; or (iv) have experienced foster care involvement or involvement in the child welfare system, child poverty, child abuse or neglect, human trafficking, juvenile justice involvement, gang involvement, or homelessness. (C) Funding priority The Assistant Attorney General shall giving funding priority to community-based programs that provide crisis stabilization, emergency shelter, and addiction treatment for adolescents and transitional age residential programs that have reputable outcomes. . 105. Facilitating United States investigations into potential human trafficking cases (a) Forced labor Section 1589 of title 18, United States Code, is amended by adding at the end the following: (e) Whoever knowingly obstructs, or attempts to obstruct, the enforcement of this section shall be punished— (1) by a fine under this title and imprisonment for not more than 20 years; (2) if a violation of this section includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, by a fine under this title and imprisonment for any term or years or for life; and (3) if death results from a violation of this section, by a fine under this title and imprisoned for not less than 10 years or for life. . (b) Sex trafficking of children or by force, fraud, or coercion Section 1591 of title 18, United States Code, is amended— (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting before subsection (e), as redesignated, the following: (d) Whoever, while being an official involved in an investigation of sex trafficking (as defined in section 103 of the Trafficking Victims Protection Act ( 22 U.S.C. 7102 (1) if the person, witness, or victim had not attained 18 years of age at the time of such sexual act or contact, by a fine under this title and imprisonment for any term of years or for life; or (2) if the person, witness, or victim is an adult, by a fine under this title and imprisonment for not more than 25 years. . (c) Civil remedy Section 1595 of title 18, United States Code, is amended by adding at the end the following: (e) (1) It shall be unlawful to retaliate against any victim of a violation of this chapter because such person has— (A) instituted, caused to be instituted, assisted with, testified or is about to testify in, or participated in any manner in any complaint, investigation, proceeding, or hearing under or related to this chapter; or (B) opposed any behavior that is a violation of this chapter. (2) In this subsection, the term retaliate against any victim (3) Any individual who is injured as a result of a violation of paragraph (1)— (A) may sue the violator in an appropriate district court of the United States to obtain relief; and (B) if the court determines that such injury resulted from such violation, shall recover from the defendant— (i) treble damages sustained by such individual; and (ii) reasonable attorneys’ fees, as set forth in this chapter. (f) In addition to any other remedies set forth in this section, whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited under section 1512 (relating to tampering with a witness, victim, or an informant) or 1513 (relating to retaliation against a witness, victim, or an informant) with regard to a civil action under this chapter, an individual may institute an application for a permanent or temporary injunction, restraining order, or other order to preclude such act or practice. . B Governmental Efforts To Prevent Human Trafficking 121. Preventing trafficking in persons in Federal contractor supply chains The Federal Acquisition Regulation shall be revised to require, with respect to the clause required to be included in all solicitations and contracts under section 52.222–50 of such regulation, that a contractor of the Federal Government certify to the contracting officer annually after receiving an award that— (1) to the best of the knowledge and belief of the contractor, neither the contractor, nor any of the agents or subcontractors of the contractor (or any agents and subcontractors thereof at any tier), has engaged during the performance of the contract in any activities prohibited under such clause, including billing the Government for any services or supplies provided under the contract that were obtained or performed in violation of the prohibited activities during the contract period; and (2) if any violations relating to any of the activities prohibited under such clause have been found, the contractor or subcontractor has taken the appropriate remedial and referral actions. 122. Ensuring anti-trafficking-in-persons trainings and provisions into Codes of Conduct of all Federal departments and executive agencies (a) Findings Congress finds the following: (1) Human trafficking is inimical to every Federal agency’s core values and inherently harmful and dehumanizing. (2) Through the adoption of a Code of Conduct, Federal agencies hold their personnel to similar standards that are required of contractors and subcontractors of the agency under Federal law. (3) Human trafficking is a violation of human rights and against Federal law. (4) The United States Government seeks to deter activities that would facilitate or support trafficking in persons. (b) Sense of Congress on implementation of anti-Trafficking-in-Persons policies It is the sense of Congress that— (1) beginning not later than 18 months after the date of the enactment of this Act, the head of every Federal agency should incorporate a module on human trafficking into its staff training requirements and menu of topics to be covered in the annual ethics training of such agency; (2) such staff trainings should— (A) cover both labor and sex trafficking; and (B) teach employees how to prevent, identify, and report trafficking in persons; (3) Federal agencies that already provide counter trafficking-in-persons training for staff should share their curricula with agencies that do not have such curricula; (4) the head of each agency should inform all candidates for employment about the anti-trafficking provisions in the Code of Conduct of the agency; (5) employees of each Federal agency should sign acknowledgment of the agency’s Code of Conduct, which should be kept in the file of the employee; and (6) a violation of the Code of Conduct should lead to disciplinary action, up to and including termination of employment. (c) Policy for executive branch employees The President shall take such steps as may be necessary to ensure that each officer and employee (including temporary employees, persons stationed abroad while working for the United States, and detailees from other agencies of the Federal Government) of an agency in the executive branch of the Federal Government is subject to a policy with a minimum standard that contains— (1) a prohibition from engaging in sex trafficking (as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 (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. 123. Government Accountability Office study on accessibility of mental health services and substance use disorder services Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall— (1) conduct a study of the accessibility of mental health services and substance use disorder treatment and recovery for survivors of sex and labor trafficking in the United States of various ages; and (2) submit a report to Congress containing the findings of such study and recommendations for increased accessibility and affordability for survivors of trafficking. C Monitoring Child, Forced, and Slave Labor 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. 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 (A) prohibits trafficking in persons; (B) is published annually; and (C) is accessible in a prominent place on their public website; (2) such policy should expressly prohibit the company, its employees, or agents from— (A) engaging in severe forms of trafficking in persons; (B) using forced labor for the development, production, shipping, or sale of its goods or services; (C) destroying, concealing, confiscating, or otherwise denying access by an employee to the employee’s identity or immigration documents, such as passports or drivers’ licenses, regardless of issuing authority; (D) using misleading or fraudulent practices during the recruitment of employees or offering of employment, such as— (i) failing to disclose, in a format and language understood by the employee or potential employee, basic information; or (ii) making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including— (I) wages and fringe benefits; (II) the location of work; (III) the living conditions; (IV) housing and associated costs (if employer- or agent-provided or arranged); (V) any significant costs to be charged to the employee or potential employee; and (VI) the hazardous nature of the work, if applicable; (E) using recruiters that do not comply with local labor laws of the country in which the recruiting takes place; (F) charging employees or potential employees recruitment fees; (G) providing or arranging housing that fails to meet the host country housing and safety standards; and (H) failing to provide an employment contract, recruitment agreement, or other required work document in writing in a language the employee understands (and is provided to the employee not later than 5 days before the employee relocates, if relocation is required to perform the work), that includes details about work description, wages, prohibition on charging recruitment fees, work locations, living accommodations and associated costs, time off, round-trip transportation arrangements, grievance processes, and the content of applicable laws and regulations that prohibit trafficking in persons; and (3) contracting officers should consider the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons, and the number of non-United States citizens expected to be employed, when deciding whether to require work documents in the contract. 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) a victim of a victim of child abuse and neglect sexual abuse 22 U.S.C. 7102 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. (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. 135. Sense of Congress on criteria for classifying victims of child sex trafficking It is the sense of Congress that— (1) all States (including the District of Columbia) and territories should eliminate the requirement for third-party control to properly qualify a child as a victim of sex trafficking, to— (A) aid in the identification and prevention of child sex trafficking; (B) protect children; and (C) appropriately prosecute perpetrators to the fullest extent of the law; and (2) a person is qualified as a victim of child sex trafficking if the person is a victim, as a child, of severe forms of trafficking in persons, as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 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) (B) report the information the agency receives about missing or abducted foster children and youth to the National Center on Missing and Exploited Children and to law enforcement authorities for inclusion in the Federal Bureau of Investigation’s National Crime Information Center database, in accordance with section 471(a)(34) of the Social Security Act ( 42 U.S.C. 671(a)(34) (2) the reports described in paragraph (1)(B)— (A) should be made immediately (and in no case later than 24 hours) after the information is received; and (B) were required to be provided to the Secretary of Health and Human Services beginning on September 30, 2016; and (3) according to section 471(a)(34) of such Act, each State child welfare agency was required to submit annual reports to the Secretary of Health and Human Services beginning on September 30, 2017, to notify the Secretary of the total number of children and youth who are victims of a severe form of trafficking in persons, as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 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) NCMEC (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. 138. Survivors' bill of rights (a) Definition of covered formula grant In this section, the term covered formula grant 34 U.S.C. 10441 et seq. STOP Violence Against Women Formula Grant Program (b) Grant increase The Attorney General shall increase the amount of the covered formula grant provided to a State in accordance with this section if the State has in effect a law that provides to sexual assault survivors the rights, at a minimum, under section 3772 of title 18, United States Code. (c) Application A State seeking an increase to a covered formula grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require, including information about the law described in subsection (b). (d) Period of increase The Attorney General may not provide an increase in the amount of the covered formula grant provided to a State under this section more than 4 times. (e) Authorization of application There are authorized to be appropriated $20,000,000 for each of fiscal years 2022 through 2027 to carry out this section. II Authorization of appropriations 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 (1) in subsection (a)— (A) by striking 2018 through 2021, $13,822,000 2022 through 2027, $16,000,000 (B) by striking 7103(f) 7103(g) (2) in subsection (b)— (A) in paragraph (1)— (i) by striking To carry out the purposes of sections 106(b) and 107(b), To carry out the purposes of sections 106(b) and 107(b) of this Act and section 429A of the Social Security Act, (ii) by striking $19,500,000 $23,000,000 for each of the fiscal years 2022 through 2027, of which $5,000,000 is authorized to be appropriated in each fiscal year for the National Human Trafficking Hotline and for cybersecurity and public education campaigns, in consultation with the Secretary of Homeland Security, for identifying and responding as needed to cases of human trafficking. (B) in paragraph (2), by striking 2018 through 2021 2022 through 2027 (3) in subsection (c)(1)— (A) in the matter preceding subparagraph (A), by striking 2018 through 2021, $65,000,000 2022 through 2027, $99,000,000, of which $22,000,000 shall be made available each fiscal year to the United States Agency for International Development (B) in subparagraph (C), by striking and (C) in subparagraph (D), by striking the period at the end and inserting ; and (D) by adding at the end the following: (E) to fund programs to end modern slavery, in an amount not to exceed $37,500,000 for each of the fiscal years 2022 through 2027. ; (4) in subsection (d)— (A) in paragraph (1), by striking 2018 through 2021 2022 through 2027, of which $35,000,000 shall be made available each fiscal year for the Office of Victims of Crime Housing Assistance Grants for Victims of Human Trafficking (B) in paragraph (3), by striking $11,000,000 to the Attorney General for each of the fiscal years 2018 through 2021 $11,000,000 to the Attorney General for each of the fiscal years 2022 through 2027 (5) in subsection (f), by striking 2018 through 2021. 2022 through 2027 (6) in subsection (i)— (A) by striking 2018 through 2021 2022 through 2027 (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 expended, 202. Extension of authorizations under the International Megan’s Law Section 11 of the International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders ( 34 U.S.C. 21509 2018 through 2021 2022 through 2027 203. Extension of authorizations for the Human Exploitation Rescue Operation Child-Rescue Corps Program Section 890A(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 473(g)(2) 2019 through 2022 2022 through 2027 204. Improving enforcement of section 307 of the Tariff Act of 1930 There is authorized to be appropriated $20,000,000, for each of fiscal years 2022 to 2027, to the Commissioner of U.S. Customs and Border Protection to strengthen the enforcement of section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 III Severability 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.

Summary: Trafficking Victims Prevention and Protection Reauthorization Act of 2022 This act reauthorizes, updates, and expands federal efforts to address domestic trafficking, including to make permanent the U.S. Advisory Council on Human Trafficking; reauthorize various grants, activities, and programs that support victims of domestic trafficking; and expand research and reporting related to trafficking. 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) This section authorizes the Department of Health and Human Services (HHS), in collaboration with the Department of Justice (DOJ), to award competitive grants to support collaboration between state child-welfare and juvenile-justice agencies to address the needs of dual-status youth and their families. The term dual-status youth means children who come into contact with both the child welfare and juvenile justice systems. (Sec. 102) This section makes permanent the U.S. Advisory Council on Human Trafficking. (Sec. 103) This section establishes a pilot program to provide funding for community-based organizations in underserved communities to support youth at risk of being trafficked. Subtitle B--Governmental Efforts To Prevent Human Trafficking (Sec. 121) This section requires the Government Accountability Office (GAO) to report to Congress on federal contract supply chain oversight related to the prevention of trafficking in persons. (Sec. 122) This section expresses the sense of Congress that federal agencies should incorporate a module on human trafficking into staff training requirements; the training should teach employees how to prevent, identify, and report trafficking in persons; and agencies should inform all candidates for employment about the anti-trafficking provisions in the code of conduct of the agency. Additionally, this section requires officers and employees of executive branch agencies to be subject to minimum standards with respect to human trafficking, including a prohibition on engaging in human trafficking while employed by the federal government. (Sec. 123) This section requires the GAO to (1) study 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) report to Congress on the findings of the study and recommendations for increased accessibility and affordability for survivors of trafficking. (Sec. 124) This section directs the National Science Foundation to support merit-reviewed and competitively awarded research on the impact of online social media platforms on the maintenance or expansion of human trafficking. Subtitle C--Monitoring Child, Forced, and Slave Labor (Sec. 131) This section requires federal agencies and departments that receive appropriations to award anti-trafficking grants to report on obligations and expenditures of federal funds for the purpose of combating human trafficking and forced labor. (Sec. 132) This section expresses the sense of Congress that companies headquartered or doing business in the United States that are not small business concerns (e.g., companies with 500 or more employees) should adopt a written policy that prohibits trafficking in persons. (Sec. 133) This section revises criteria for considering a child to be a victim of child abuse and neglect and of sexual abuse. Specifically, it provides that a child shall be considered a victim of child abuse and neglect and of sexual abuse if the child is identified as being a victim of human trafficking. Currently, a child is considered a victim of child abuse and neglect and of sexual abuse if the child is identified as being a victim of sex trafficking or a victim of severe forms of trafficking in persons. (Sec. 134) This section establishes the sense of Congress that (1) DOJ has failed to meet its reporting requirements under Title IV of the Trafficking Victims Protection Act of 2017, and (2) progress on critical data collection about human trafficking and crime reporting is in jeopardy as a result of the failure and must be addressed immediately. (Sec. 135) This section expresses the sense of Congress that (1) a person is qualified as a victim of child sex trafficking if the person is a victim, as a child, of human trafficking; and (2) all states and territories should evaluate whether to eliminate the requirement for third-party control to properly qualify a child as a victim of sex trafficking. (Sec. 136) This section expresses the sense of Congress that each state child welfare agency should report information on missing or abducted foster children and youth to the National Center on Missing and Exploited Children (NCMEC) and to law enforcement for inclusion in the National Crime Information Center database. (Sec. 137) This section modifies the requirements for state plans for foster care and adoption assistance. The section specifies that the plans must require state child welfare agencies that report information on missing or abducted foster children and youth to the NCMEC and to law enforcement authorities to maintain regular communication and share information with the NCMEC and law enforcement agencies to provide a safe recovery of a missing or abducted child or youth. This includes sharing, where reasonably possible, a photo of the missing or abducted child or youth, a description of the child's physical features, and other health or risk factors (e.g., pregnancy status or vulnerability to being sex trafficked). TITLE II--AUTHORIZATION OF APPROPRIATIONS This title reauthorizes activities and programs at various federal departments and agencies that support victims of trafficking in the United States. (Sec. 201) This section reauthorizes through FY2028 HHS and DOJ grants and programs to expand benefits and services to citizens and lawful permanent residents who are victims of severe forms of trafficking; Department of Labor activities to expand benefits and programs for victims of severe forms of trafficking; and Department of Homeland Security (DHS) authority to investigate severe forms of trafficking in persons, including to establish a labor trafficking investigations team within DHS. (Sec. 202) This section authorizes amounts through FY2028 for U.S. Customs and Border Protection to strengthen enforcement of the prohibition on importing any product that was mined, produced, or manufactured by forced labor.