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

<DOC>






117th CONGRESS
  2d Session
                                S. 3949

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 29, 2022

Mr. Grassley (for himself and Mrs. Feinstein) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``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. 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.

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

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

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

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

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

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

SEC. 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'' 
        means a domestic or foreign victim of human trafficking who--
                    (A) is eligible to receive services under section 
                107 of the Trafficking Victims Protection Act of 2000 
                (22 U.S.C. 7105); and
                    (B) has a history in the State child protection and 
                welfare system.
            (2) Eligible organization.--The term ``eligible 
        organization'' means a service provider, which may include a 
        nongovernmental organization, that has experience--
                    (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'' means the Human 
        Trafficking Survivors Employment and Education Program 
        established under this section.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
    (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) resume creation and review;
            (4) interview coaching and counseling;
            (5) assistance with expungement of criminal records when 
        such records are for nonviolent crimes that were committed as a 
        consequence of the eligible individual's victimization;
            (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.

SEC. 103. ELIMINATION OF SUNSET FOR ADVISORY COUNCIL ON HUMAN 
              TRAFFICKING.

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

SEC. 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)) 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 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.''.

SEC. 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)) engages in any sexual act or 
in sexual contact with any witness or potential witness to such sex 
trafficking, or victim or person reasonably likely to be the victim of 
such sex trafficking over the course of the investigation shall be 
punished--
            ``(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' 
means any action that a reasonable person would consider intimidating, 
threatening, restraining, coercive, threatening, harassing, or 
adversely effecting employment status or assets, including any action 
directed at a person other than the person who has engaged in one of 
the activities set forth in paragraph (A) or (B) of paragraph (1).
    ``(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.''.

     Subtitle B--Governmental Efforts To Prevent Human Trafficking

SEC. 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.

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

    (a) Findings.--Congress finds the following:
            (1) Human trafficking is inimical to every Federal agency's 
        core values and inherently harmful and dehumanizing.
            (2) Through the adoption of a Code of Conduct, Federal 
        agencies hold their personnel to similar standards that are 
        required of contractors and subcontractors of the agency under 
        Federal law.
            (3) Human trafficking is a violation of human rights and 
        against Federal law.
            (4) The United States Government seeks to deter activities 
        that would facilitate or support trafficking in persons.
    (b) Sense of Congress on Implementation of Anti-Trafficking-in-
Persons Policies.--It is the sense of Congress that--
            (1) beginning not later than 18 months after the date of 
        the enactment of this Act, the head of every Federal agency 
        should incorporate a module on human trafficking into its staff 
        training requirements and menu of topics to be covered in the 
        annual ethics training of such agency;
            (2) such staff trainings should--
                    (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)) or labor trafficking while 
        employed by the Government in a full-time or part-time 
        capacity;
            (2) a requirement that all Federal personnel, without 
        regard to whether the person is stationed abroad, be sensitized 
        to human trafficking and the ethical conduct requirements that 
        prohibit the procurement of trafficking in persons;
            (3) a requirement that all such personnel be equipped with 
        the necessary knowledge and tools to prevent, recognize, 
        report, and address human trafficking offenses through a 
        training for new personnel and through regular refresher 
        courses offered every 2 years; and
            (4) a requirement that all such personnel report to the 
        applicable inspector general and agency trafficking in persons 
        point of contact any suspected cases of misconduct, waste, 
        fraud, or abuse relating to trafficking in persons.
    (d) Timing.--The policy described in subsection (c)--
            (1) shall be established or integrated into all applicable 
        employee codes of conduct not later than 18 months after the 
        date of the enactment of this Act;
            (2) may not replace any preexisting code of conduct that 
        contains more robust requirements than the requirements 
        described in subsection (c); and
            (3) shall be signed by all personnel described in 
        subsection (c) not later than 2 years after such date of 
        enactment.
    (e) Reporting.--The Office of Inspector General of a Federal 
department or agency, in consultation with the head of such agency, 
shall submit an annual report to Congress, which shall be publicly 
accessible, containing--
            (1) the number of suspected violations reported;
            (2) the number of investigations;
            (3) the status and outcomes of such investigations; and
            (4) any recommended actions to improve the programs and 
        operations of such agency.

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

    Not later than 3 years after the date of the enactment of this Act, 
the Comptroller General of the United States shall--
            (1) conduct a study of the accessibility of mental health 
        services and substance use disorder treatment and recovery for 
        survivors of 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.

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

SEC. 131. TRANSPARENCY IN ANTI-TRAFFICKING EXPENDITURES.

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

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

    It is the sense of Congress that--
            (1) companies headquartered or doing business in the United 
        States that are not small business concerns (as defined in 
        section 3 of the Small Business Act (15 U.S.C. 632)) should 
        adopt a written policy not later than 18 months after the date 
        of the enactment of this Act that--
                    (A) prohibits trafficking in persons;
                    (B) is published annually; and
                    (C) is accessible in a prominent place on their 
                public website;
            (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.

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

    Section 111(b)(1) of the Child Abuse Prevention and Treatment Act 
(42 U.S.C. 5106g(b)(1)) is amended by striking ``a victim of'' and all 
that follows and inserting ``a victim of `child abuse and neglect' and 
of `sexual abuse' if the child is identified, by a State or local 
agency employee of the State or locality involved, as being a victim of 
sex or labor trafficking in accordance with severe forms of trafficking 
in persons, as such terms are defined in section 103 of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7102).''.

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 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).

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 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).

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

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

SEC. 138. SURVIVORS' BILL OF RIGHTS.

    (a) Definition of Covered Formula Grant.--In this section, the term 
``covered formula grant'' means a grant under part T of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10441 et 
seq.) (commonly referred to as the ``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.

               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 (a)--
                    (A) by striking ``2018 through 2021, $13,822,000'' 
                and inserting ``2022 through 2027, $16,000,000''; and
                    (B) by striking ``7103(f)'' and inserting 
                ``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),'' 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
                            (ii) by striking ``$19,500,000'' and all 
                        that follows, and inserting ``$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.''; and
                    (B) in paragraph (2), by striking ``2018 through 
                2021'' and inserting ``2022 through 2027'';
            (3) in subsection (c)(1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``2018 through 2021, $65,000,000'' and 
                inserting ``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'' at the 
                end;
                    (C) in subparagraph (D), by striking the period at 
                the end and inserting ``; and''; 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'' and inserting ``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''; and
                    (B) in paragraph (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 2022 
                through 2027'';
            (5) in subsection (f), by striking ``2018 through 2021.'' 
        and inserting ``2022 through 2027''; and
            (6) in subsection (i)--
                    (A) by striking ``2018 through 2021'' and inserting 
                ``2022 through 2027''; 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. EXTENSION OF AUTHORIZATIONS UNDER THE INTERNATIONAL MEGAN'S 
              LAW.

    Section 11 of the International Megan's Law to Prevent Child 
Exploitation and Other Sexual Crimes Through Advanced Notification of 
Traveling Sex Offenders (34 U.S.C. 21509) is amended by striking ``2018 
through 2021'' and inserting ``2022 through 2027''.

SEC. 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)) is amended by striking ``2019 through 2022'' and inserting 
``2022 through 2027''.

SEC. 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).

                        TITLE III--SEVERABILITY

SEC. 301. SEVERABILITY.

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