Trafficking Victims Prevention and Protection Reauthorization Act of 2022
Bill: S.3949 | Sponsor: Sen. Grassley, Chuck (R-IA)
Policy area: Crime and Law Enforcement

Summary:

[117th Congress Public Law 348]
[From the U.S. Government Publishing Office]



[[Page 136 STAT. 6211]]

Public Law 117-348
117th Congress

                                 An Act


 
 To reauthorize the Trafficking Victims Protection Act of 2000, and for 
          other purposes. <<NOTE: Jan. 5, 2023 -  [S. 3949]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Trafficking 
Victims Prevention and Protection Reauthorization Act of 2022.>> 
SECTION 1. <<NOTE: 22 USC 7101 note.>> 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.

[[Page 136 STAT. 6212]]

     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. <<NOTE: 42 USC 628c.>>  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) <<NOTE: Procedures.>>  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

[[Page 136 STAT. 6213]]

                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) <<NOTE: Certification.>>  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;

[[Page 136 STAT. 6214]]

                    ``(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) <<NOTE: Analysis.>>  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

[[Page 136 STAT. 6215]]

        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) <<NOTE: Determination.>>  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) <<NOTE: 22 USC 7103b.>>  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.

[[Page 136 STAT. 6216]]

                    ``(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) <<NOTE: Assessments.>>  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.

[[Page 136 STAT. 6217]]

            (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. <<NOTE: 5 USC 4103 note.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: President. Requirements.>>  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

[[Page 136 STAT. 6218]]

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) <<NOTE: Public information.>>  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) <<NOTE: Recommenda- tions.>>  any recommended actions to 
        improve the programs and operations of such agency.
SEC. 123. <<NOTE: Reports.>>  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. <<NOTE: 42 USC 1862w.>>  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--

[[Page 136 STAT. 6219]]

                    (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

[[Page 136 STAT. 6220]]

                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) <<NOTE: Deadlines. Public information. Web posting.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Deadline.>>  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--

[[Page 136 STAT. 6221]]

                    (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) <<NOTE: Deadline.>>  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''

[[Page 136 STAT. 6222]]

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.

[[Page 136 STAT. 6223]]

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) <<NOTE: 42 USC 671 note.>>  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) <<NOTE: Determination.>>  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

[[Page 136 STAT. 6224]]

                    (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. <<NOTE: Appropriation authorization. Time period.>>  
                        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. <<NOTE: 22 USC 7103b note.>>  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.

    Approved January 5, 2023.

LEGISLATIVE HISTORY--S. 3949:
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CONGRESSIONAL RECORD, Vol. 168 (2022):
            Dec. 20, considered and passed Senate.
            Dec. 22, considered and passed House.

                                  <all>