[Congressional Record Volume 168, Number 199 (Wednesday, December 21, 2022)]
[Senate]
[Pages S10008-S10016]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6604. Mr. GRASSLEY (for himself and Mr. Cornyn) submitted an
amendment intended to be proposed by him to the bill H.R. 2617, to
amend section 1115 of title 31, United States Code, to amend the
description of how performance goals are achieved, and for other
purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION KK--PUBLIC SAFETY AND PROTECTION OF VICTIMS
TITLE I--ABOLISH TRAFFICKING REAUTHORIZATION ACT OF 2022
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Abolish Trafficking
Reauthorization Act of 2022''.
SEC. 1002. DEFINITIONS.
In this title:
(1) Computer.--The term ``computer'' includes a computer
network and any interactive electronic device.
(2) Cybercrime against individuals.--The term ``cybercrime
against individuals'' has the meaning given that term in
section 1401(a) Violence Against Women Act Reauthorization
Act of 2022 (34 U.S.C. 30107(a)).
(3) Homeless youth.--The term ``homeless youth'' has the
meaning given the term ``homeless children and youths'' in
section 725 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a).
Subtitle A--Grants Relating to Human Trafficking Prevention and
Assistance for Victims of Human Trafficking
SEC. 1101. GRANTS FOR SPECIALIZED HUMAN TRAFFICKING TRAINING
AND TECHNICAL ASSISTANCE FOR SERVICE PROVIDERS.
(a) In General.--Section 111(c)(1) of the Violence Against
Women and Department of Justice Reauthorization Act of 2005
(34 U.S.C. 20708(c)(1)) is amended by inserting ``, which may
include programs to build law enforcement capacity to
identify and respond to human trafficking that are funded
[[Page S10009]]
through the Office of Community Oriented Policing Services of
the Department of Justice, such as the Interdiction for the
Protection of Children Program'' before the semicolon.
(b) Conforming Amendment.--Section 107(c)(4)(A) of the
Victims of Trafficking and Violence Protection Act of 2000
(22 U.S.C. 7105(c)(4)(A)) is amended by inserting ``in order
to fulfill the purposes described in section 111 of the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (34 U.S.C. 20708)'' before the
period at the end.
SEC. 1102. TECHNICAL AND CLARIFYING UPDATE TO CIVIL REMEDY.
Section 1595(a) of title 18, United States Code, is amended
by inserting ``or attempts or conspires to benefit,'' after
``whoever knowingly benefits,''.
SEC. 1103. ENSURING PROTECTION AND CONFIDENTIALITY FOR
SURVIVORS OF HUMAN TRAFFICKING.
The Trafficking Victims Protection Act of 2000 (22 U.S.C.
7101 et seq.) is amended by adding at the end the following:
``SEC. 114. ENSURING PROTECTION AND CONFIDENTIALITY FOR
SURVIVORS OF HUMAN TRAFFICKING.
``(a) Definitions.--In this section--
``(1) the term `covered grant' means a grant from the
Attorney General or the Secretary of Health and Human
Services under section 106(b), 107(b), or 107(f); and
``(2) the term `covered recipient' means a grantee or
subgrantee receiving funds under a covered grant.
``(b) Grant Conditions.--Covered grants and covered
recipients shall be subject, at the election of the Attorney
General or the Secretary of Health and Human Services, as
applicable, to--
``(1) the conditions under section 40002(b)(2) of the
Violence Against Women Act of 1994 (34 U.S.C. 12291(b)(2))
that apply with respect to grants under such Act and grantees
and subgrantees for such grants; or
``(2) the conditions under section 306(c)(5) of the Family
Violence Prevention and Services Act (42 U.S.C. 10406(c)(5))
that apply with respect to grants under such Act and grantees
and subgrantees for such grants.
``(c) Department of Justice-sponsored Research.--Nothing in
this section shall be construed to prohibit a covered
recipient from sharing personally identifying information
with researchers seeking the information for the purposes of
conducting research--
``(1) that is funded by the Department of Justice;
``(2) for which protections are in place in accordance with
the requirements under part 22 of title 28, Code of Federal
Regulations, or any successor thereto, and section 812(a) of
the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10231(a)); and
``(3) for which a current privacy certificate is on file
documenting how the researchers intend to fulfill the
obligations under such part 22.''.
SEC. 1104. GRANTS FOR STATE IMPROVEMENTS.
(a) Enhancing the Ability of State, Local, and Tribal Child
Welfare Agencies to Identify and Respond to Children Who Are,
or Are at Risk of Being, Victims of Trafficking.--
(1) In general.--Title II of the Trafficking Victims
Protection Reauthorization Act of 2005 (34 U.S.C. 20701 et
seq.) is amended by inserting after section 204 the
following:
``SEC. 204A. ENHANCING THE ABILITY OF STATE, LOCAL, AND
TRIBAL CHILD WELFARE AGENCIES TO IDENTIFY AND
RESPOND TO CHILDREN WHO ARE, OR ARE AT RISK OF
BEING, VICTIMS OF TRAFFICKING.
``(a) Grants To Enhance Child Welfare Services.--The
Secretary of Health and Human Services may make grants to
eligible States to develop, improve, or expand programs that
assist State, local, or Tribal child welfare agencies with
identifying and responding to--
``(1) children considered victims of `child abuse and
neglect' and of `sexual abuse' under the application of
section 111(b)(1) of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5106g(b)(1)) because of being identified as
being a victim or at risk of being a victim of a severe form
of trafficking in persons; and
``(2) children over whom such agencies have responsibility
for placement, care, or supervision and for whom there is
reasonable cause to believe are, or are at risk of being a
victim of 1 or more severe forms of trafficking in persons.
``(b) Definitions.--In this section:
``(1) Child.--The term `child' means an individual who has
not attained 18 years of age or such older age as the State
has elected under section 475(8) of the Social Security Act
(42 U.S.C. 675(8)). At the option of an eligible State, such
term may include an individual who has not attained 26 years
of age.
``(2) Eligible state.--The term `eligible State' means a
State that has not received more than 3 grants under this
section and meets 1 or more of the following criteria:
``(A) Elimination of third party control requirement.--The
State has eliminated or will eliminate any requirement
relating to identification of a controlling third party who
causes a child to engage in a commercial sex act in order for
the child to be considered a victim of trafficking or a
victim of 1 or more severe forms of trafficking in persons
for purposes of accessing child welfare services and care.
``(B) Application of standard for human trafficking.--The
State considers a child to be a victim of trafficking if the
individual is a victim of a severe form of trafficking in
persons, as described in subparagraph (A) of section 103(11)
of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102(11)).
``(C) Development and implementation of state child welfare
plan protocols.--The State agency responsible for
administering the State plan for foster care and adoption
assistance under part E of title IV of the Social Security
Act (42 U.S.C. 670 et seq.) has developed and is implementing
or will develop and implement protocols that meet the
following reporting requirements:
``(i) The requirement to report immediately, and in no case
later than 24 hours after receiving, information on children
who have been identified as being a victim of a severe form
of trafficking in persons to law enforcement authorities
under paragraph (34)(A) of section 471(a) of the Social
Security Act (42 U.S.C. 671(a)).
``(ii) The requirement to report immediately, and in no
case later than 24 hours after receiving, information on
missing or abducted children to law enforcement authorities,
including children classified as `runaways', for entry into
the National Crime Information Center (NCIC) database of the
Federal Bureau of Investigation, and to the National Center
for Missing and Exploited Children, under paragraph (35)(B)
of such section.
``(iii) The requirement to report to the Secretary of
Health and Human Services the total number of children who
are victims of child human trafficking under paragraph
(34)(B) of such section.
``(D) Trafficking-specific protocol.--The State has
developed and implemented or will develop and implement a
specialized protocol for responding to a child who is, or is
at risk of being, a trafficking victim to ensure the response
focuses on the child's specific safety needs as a victim of
trafficking, and that includes the development and use of an
alternative mechanism for investigating and responding to
cases of child human trafficking in which the alleged
offender is not the child's parent or caregiver without
utilizing existing processes for investigating and responding
to other forms of child abuse or neglect that require the
filing of an abuse or neglect petition.
``(3) Indian tribe; tribal organization.--The term `Indian
tribe' and `tribal organization' have the meanings given
those terms in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
``(4) State.--The term `State' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico,
the United States Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands. Such term
includes an Indian tribe, tribal organization, or tribal
consortium with a plan approved under section 479B of the
Social Security Act (42 U.S.C. 679c), or which is receiving
funding to provide foster care under part E of title IV of
such Act pursuant to a cooperative agreement or contract with
a State.''.
(2) Conforming amendment.--The table of contents for the
Trafficking Victims Protection Reauthorization Act of 2005
(Public Law 109-164; 22 U.S.C. 7101 note) is amended by
inserting after the item relating to section 204 the
following:
``204A. Enhancing the ability of State, local, and Tribal child welfare
agencies to identify and respond to children who are, or
are at risk of being, victims of trafficking.''.
(b) Funding.--Section 113(b) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7110(b)) is amended by
adding at the end the following:
``(3) Grants for state improvements.--To carry out the
purposes of section 204A of the Trafficking Victims
Protection Reauthorization Act of 2005, there are authorized
to be appropriated $4,000,000 to the Secretary of Health and
Human Services for each of fiscal years 2022 through 2027.''.
(c) Sense of Congress Regarding Health Care Professionals
and Trafficking Prevention.--It is the sense of Congress that
health care and social service licensing boards and
professional membership associations should facilitate access
to trafficking-specific training guided by the Department of
Health and Human Service's Core Competencies for Human
Trafficking Response in Health Care and Behavioral Health
Systems on--
(1) the scope and signs of human trafficking and child
sexual abuse that present in the applicable health care,
behavioral health, or social services settings;
(2) how to interact with potential victims of trafficking
(as defined in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102)) and with survivors
of human trafficking, using an age-appropriate, gender-
responsive, culturally and linguistically appropriate, and
trauma-informed approach; and
(3) the manner in which to respond to victims and potential
victims of trafficking or child sexual exploitation and
abuse.
SEC. 1105. ADDITIONAL REAUTHORIZATION.
(a) Airport Personnel Training To Identify and Report Human
Trafficking Victims.--Section 303 of the Frederick Douglass
Trafficking Victims Prevention and Protection Reauthorization
Act of 2018 (Public Law 115-425; 132 Stat. 5488) is amended
by striking ``2018 through 2021'' and inserting ``2022
through 2027''.
(b) Hero Corps Hiring.--Section 890A(g)(2) of the Homeland
Security Act of 2002 (6
[[Page S10010]]
U.S.C. 473(g)(2)) is amended by striking ``2019 through
2022'' and inserting ``2022 through 2027''.
(c) Reauthorizing the Special Assessment and Ensuring Full
Funding for the Domestic Trafficking Victims' Fund.--Section
3014 of title 18, United States Code, as amended by section
101 of division X of this Act, is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``and ending on December 23, 2022''; and
(2) in subsection (e)(1)--
(A) in the matter preceding subparagraph (A), by striking
``2023'' and inserting ``2027'';
(B) in subparagraph (A), by striking ``(42 U.S.C. 14044c)''
and inserting ``(34 U.S.C. 20705)'';
(C) in subparagraph (C), by striking ``(42 U.S.C.
13002(b))'' and inserting ``(34 U.S.C. 20304)''; and
(D) in subparagraph (D), by striking ``(42 U.S.C. 17616)''
and inserting ``(34 U.S.C. 21116)''.
(d) Extension of Anti-Trafficking Grant Programs.--The
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et
seq.) is amended--
(1) in section 112A(b)(4) (22 U.S.C. 7109a(b)(4)), by
striking ``2018 through 2021'' and inserting ``2022 through
2027'';
(2) in section 112B(d) (22 U.S.C. 7109b(d)) is amended by
striking ``2008 through 2011'' and inserting ``2022 through
2027''; and
(3) in section 113 (22 U.S.C. 7110)--
(A) in subsection (b)(2), by striking ``2018 through 2021''
and inserting ``2022 through 2027'';
(B) in subsection (d)(3), by striking ``2018 through 2021''
and inserting ``2022 through 2027''; and
(C) in subsection (e)(3), by striking ``2008 through 2011''
and inserting ``2022 through 2027''.
(e) Grants for Rape, Abuse & Incest National Network.--
Section 628(d) of the Adam Walsh Child Protection and Safety
Act of 2006 (34 U.S.C. 20985(d)) is amended by striking
``fiscal years 2007 through 2010'' and inserting ``fiscal
years 2022 through 2027''.
SEC. 1106. REDESIGNATIONS.
(a) Grants for Specialized Human Trafficking Training and
Technical Assistance for Service Providers.--Section 111 of
the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (34 U.S.C. 20708) is redesignated
as section 208 of the Trafficking Victims Protection
Reauthorization Act of 2005 and transferred so as to appear
after section 207 of the Trafficking Victims Protection
Reauthorization Act of 2005.
(b) Additional Provisions.--
(1) Justice for victims of trafficking act of 2015.--
Sections 114, 119, and 606 of the Justice for Victims of
Trafficking Act of 2015 (34 U.S.C. 20709, 20710, 20711) are
redesignated as sections 209, 210, and 211, respectively, of
the Trafficking Victims Protection Reauthorization Act of
2005 and transferred so as to appear after section 208 of the
Trafficking Victims Protection Reauthorization Act of 2005,
as so redesignated and transferred by subsection (a) of this
section.
(2) Abolish human trafficking act of 2017.--Section 7 of
the Abolish Human Trafficking Act of 2017 (34 U.S.C. 20709a)
is redesignated as section 212 of the Trafficking Victims
Protection Reauthorization Act of 2005 and transferred so as
to appear after section 211 of the Trafficking Victims
Protection Reauthorization Act of 2005, as so redesignated
and transferred by paragraph (1) of this subsection.
(3) Trafficking victims protection act of 2017.--Sections
501 and 504 of the Trafficking Victims Protection Act of 2017
(34 U.S.C. 20709b, 20709c) are redesignated as sections 213
and 214, respectively, of the Trafficking Victims Protection
Reauthorization Act of 2005 and transferred so as to appear
after section 212 of the Trafficking Victims Protection
Reauthorization Act of 2005, as so redesignated and
transferred by paragraph (2) of this subsection.
Subtitle B--Compensation of Victims of Human Trafficking
SEC. 1201. BANKRUPTCY.
Section 523(a) of title 11, United States Code, is
amended--
(1) in paragraph (18), by striking ``or'' at the end;
(2) in paragraph (19), by striking the period at the end
and inserting ``; or''; and
(3) by inserting after paragraph (19) the following:
``(20) for injury to an individual by the debtor relating
to a violation of chapter 77 of title 18, including injury
caused by an instance in which the debtor knowingly
benefitted financially, or by receiving anything of value,
from participation in a venture that the debtor knew or
should have known engaged in an act in violation of chapter
77 of title 18.''.
Subtitle C--Cyber Harassment Prevention
CHAPTER 1--CYBERCRIME STATISTICS
SEC. 1311. NATIONAL STRATEGY, CLASSIFICATION, AND REPORTING
ON CYBERCRIME.
(a) National Strategy.--The Attorney General, in
consultation with the Secretary of Homeland Security, shall
develop a national strategy, which shall be developed to
supplement, not duplicate, the National Strategy to Combat
Human Trafficking and the National Strategy for Child
Exploitation Prevention and Interdiction of the Department of
Justice, to--
(1) reduce the incidence of cybercrimes against
individuals;
(2) coordinate investigations of cybercrimes against
individuals by Federal law enforcement agencies; and
(3) increase the number of Federal prosecutions of
cybercrimes against individuals.
(b) Reporting on Cybercrime Taxonomy.--Section 3(c) of the
Better Cybercrime Metrics Act (34 U.S.C. 30109 note) is
amended, in the matter preceding paragraph (1), by inserting
``, which shall include the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives,'' after ``committees of Congress''.
CHAPTER 2--PRIORITIZING ONLINE THREAT ENFORCEMENT
SEC. 1321. IMPROVED INVESTIGATIVE AND FORENSIC RESOURCES FOR
ENFORCEMENT OF LAWS RELATED TO CYBERCRIMES
AGAINST INDIVIDUALS.
Subject to the availability of appropriations to carry out
this section, the Attorney General, in consultation with the
Director of the Federal Bureau of Investigation and the
Secretary of Homeland Security, including the Executive
Associate Director of Homeland Security Investigations,
shall, with respect to cybercrimes against individuals--
(1) ensure that there are not fewer than 10 additional
operational agents of the Federal Bureau of Investigation
designated to support the Criminal Division of the Department
of Justice in the investigation and coordination of
cybercrimes against individuals;
(2) ensure that each office of a United States Attorney
designates at least 1 Assistant United States Attorney as
responsible for investigating and prosecuting cybercrimes
against individuals; and
(3) ensure the implementation of a regular and
comprehensive training program--
(A) the purpose of which is to train agents of the Federal
Bureau of Investigation in the investigation and prosecution
of such crimes and the enforcement of laws related to
cybercrimes against individuals; and
(B) that includes relevant forensic training related to
investigating and prosecuting cybercrimes against
individuals.
SEC. 1322. REPORT.
(a) In General.--Not later than 1 year after the date on
which the National Academy of Sciences submits the report
required under section 3(c) of the Better Cybercrime Metrics
Act (34 U.S.C. 30109 note), and once each year thereafter,
the Director of the Office for Victims of Crime shall submit
a report to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives that addresses, to the extent data are
available, the nature, extent, and amount of funding under
the Victims of Crime Act of 1984 (34 U.S.C. 20101 et seq.)
for victims of cybercrimes against individuals.
(b) Contents.--The report required under subsection (a)
shall include--
(1) an analysis of victims' assistance, victims'
compensation, and discretionary grants under which victims of
cybercrimes against individuals received assistance; and
(2) recommendations for improving services for victims of
cybercrimes against individuals.
SEC. 1323. INFORMATION SHARING.
(a) Reciprocal Information Sharing.--
(1) In general.--Subtitle I of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 481 et seq.) is amended--
(A) by striking sections 895 through 899; and
(B) by adding at the end the following:
``SEC. 895. RECIPROCAL INFORMATION SHARING.
``Acting in accordance with a bilateral or multilateral
arrangement, the Secretary, in the Secretary's discretion and
on the basis of reciprocity, may provide information from the
National Sex Offender Registry relating to a conviction for a
sex offense against a minor (as such terms are defined in
section 111 of the Adam Walsh Child Protection and Safety Act
of 2006 (34 U.S.C. 20911)) to a foreign government upon the
request of the foreign government, and may receive comparable
information from the foreign government.''.
(2) Conforming amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by striking the items
relating to sections 895 through 899 and inserting the
following:
``Sec. 895. Reciprocal information sharing.''.
(3) Rule of construction.--Nothing in the amendments made
by this subsection shall be construed to effect the
amendments made by sections 895 through 899 of the Homeland
Security Act of 2002 (Public Law 107-296; 116 Stat. 2256).
(b) Clarification With Respect to Continuing
Registration.--Section 240(b) of William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008
(22 U.S.C. 212b(b)) is amended by adding at the end the
following:
``(3) Clarification with respect to continuing
registration.--An individual may not be issued or reissued a
passport without a unique identifier solely because the
individual has moved or otherwise resides outside the United
States.''.
SEC. 1324. TRAINING AND TECHNICAL ASSISTANCE FOR STATES.
The Attorney General, in consultation with the Secretary of
Homeland Security, the Director of the United States Secret
Service, the Executive Associate Director of Homeland
Security Investigations, and nongovernmental and survivor
stakeholders,
[[Page S10011]]
shall create, compile, evaluate, and disseminate materials
and information, and provide the necessary training and
technical assistance, to assist States and units of local
government in--
(1) investigating, prosecuting, pursuing, preventing,
understanding, and mitigating the impact of--
(A) physical, sexual, and psychological abuse of cybercrime
victims, including victims of human trafficking that is
facilitated by interactive computer services;
(B) exploitation of cybercrime victims; and
(C) deprioritization of cybercrime; and
(2) assessing, addressing, and mitigating the physical and
psychological trauma to victims of cybercrime.
Subtitle D--Other Federal Improvements Relating to Human Trafficking
SEC. 1401. CYBERCRIME.
Subject to the availability of appropriations, and in
accordance with the comparable level of the General Schedule,
the Attorney General and the Secretary of Homeland Security
shall provide incentive pay, in an amount that is not more
than 25 percent of the basic pay of the individual, to an
individual appointed to a position in the Department of
Justice (including the Federal Bureau of Investigation) or
the Department of Homeland Security (including positions in
Homeland Security Investigations), respectively, requiring
significant cyber skills, including to aid in--
(1) the protection of trafficking victims;
(2) the prevention of trafficking in persons; or
(3) the prosecution of technology-facilitated crimes
against children by buyers or traffickers in persons.
SEC. 1402. ELIMINATION OF BARRIERS.
(a) Minors.--A Federal agency may not require a survivor of
human trafficking who is less than 18 years of age or a
homeless youth to obtain the consent or signature of the
parent or guardian of the survivor or homeless youth to
receive a copy of a Government-issued identity card issued to
the survivor or homeless youth.
(b) Fees.--A Federal agency may not charge a survivor of
human trafficking or a homeless youth a fee to obtain a copy
of a Government-issued identity card issued to the survivor
or homeless youth.
SEC. 1403. TIP ORGANIZATIONS.
Section 524(c)(1) of title 28, United States Code, is
amended--
(1) in subparagraph (H), by striking ``and'' at the end;
(2) in subparagraph (I), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(J) at the discretion of the Attorney General, payments
to reimburse operating expenses and program costs incurred by
crime-tip organizations that--
``(i) annually waive their qualification for--
``(I) awards for information leading to forfeiture under
subparagraph (C); and
``(II) receiving payment from equitably shared forfeiture
funds; and
``(ii) offer rewards for information about violations of
Federal criminal laws prohibiting human trafficking.''.
SEC. 1404. DATA COLLECTION.
Section 105(d)(7) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7103(d)(7)) is amended--
(1) in subparagraph (Q)--
(A) in clause (vii), by adding ``and'' at the end; and
(B) in clause (viii), by striking ``and'' at the end;
(2) in subparagraph (R), by striking ``and'' at the end;
(3) in the first subparagraph (S), as added by section
121(a) of the Frederick Douglass Trafficking Victims
Prevention and Protection Reauthorization Act of 2018 (Public
Law 115-425; 132 Stat. 5478), by striking the period at the
end and inserting a semicolon;
(4) by redesignating the second subparagraph (S), as added
by section 7154(b) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 113 Stat. 2260), as
subparagraph (T);
(5) in subparagraph (T), as so redesignated, by striking
the period at the end and inserting a semicolon; and
(6) by adding at the end the following:
``(U) with respect to applications described in
subparagraph (B), (C), (D), or (F), when available, if the
application was denied, the reason for the denial and the
length of time it took for the denial to be issued; and
``(V) disaggregated data regarding--
``(i) the number of victims trafficked by third parties and
by family members;
``(ii) victims trafficked by victim age; and
``(iii) victims trafficked by the type of trafficking.''.
SEC. 1405. CUMULATIVE BIENNIAL REPORT ON DATA COLLECTION AND
STATISTICS.
Not later than 280 days after the date of enactment of this
Act, and every 2 years thereafter, the Attorney General and
the Secretary of Health and Human Services shall each submit
to the Committee on the Judiciary and the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on the Judiciary and the Committee on Energy and
Commerce of the House of Representatives the status of the
required data collection and reporting requirements of the
Attorney General and the Secretary, respectively, related to
trafficking, which shall include the status of--
(1) the study required under section 201(a)(1)(B)(ii) of
the Trafficking Victims Protection Reauthorization Act of
2005 (34 U.S.C. 20701(a)(1)(B)(ii));
(2) the State reports required under section 237(b) of the
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (34 U.S.C. 41309(b)) to be
included in the Uniform Crime Reporting Program and the
National Incident-Based Reporting System;
(3) the report required under section 237(c)(1)(A) of the
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5084);
(4) the report required under section 237(c)(1)(B) of the
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5084);
(5) the report required under section 237(c)(1)(C) of the
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5084); and
(6) the comprehensive study required under section
237(c)(2) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457;
122 Stat. 5085).
SEC. 1406. FORCED LABOR REQUIREMENTS.
(a) Department of Justice.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Attorney General shall establish a
team of not less than 10 agents within the Federal Bureau of
Investigation to be assigned to exclusively investigate labor
trafficking.
(2) Authorization of appropriations.--There are authorized
to be appropriated to carry out paragraph (1) $2,000,000 for
each of fiscal years 2022 to 2027, to remain available until
expended.
(b) Department of Homeland Security.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Homeland Security
shall establish a team of not less than 10 agents within the
Center for Countering Human Trafficking of the Department of
Homeland Security to be assigned to exclusively investigate
labor trafficking.
(2) Authorization of appropriations.--There are authorized
to be appropriated to carry out paragraph (1) $2,000,000 for
each of fiscal years 2022 to 2027, to remain available until
expended.
TITLE II--TRAFFICKING VICTIMS PREVENTION AND PROTECTION REAUTHORIZATION
ACT OF 2022
SEC. 2001. SHORT TITLE.
This title may be cited as the ``Trafficking Victims
Prevention and Protection Reauthorization Act of 2022''.
Subtitle A--Combating Trafficking in Persons in the United States
CHAPTER 1--PROGRAMS TO SUPPORT YOUNG VICTIMS WHO ARE VULNERABLE TO
HUMAN TRAFFICKING
SEC. 2101. 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;
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``(B) a description of how the State proposes--
``(i) to identify dual status youth;
``(ii) to identify individuals who are at risk of becoming
dual status youth;
``(iii) to identify common characteristics shared by dual
status youth in the State; and
``(iv) to determine the prevalence of dual status youth in
the State;
``(C) a description of current and proposed practices and
procedures that the State intends to use--
``(i) to screen and assess dual status youth for risks and
treatment needs;
``(ii) to provide targeted and evidence-based services,
including educational, behavioral health, and pro-social
treatment interventions for dual status youth and their
families; and
``(iii) to provide for a lawful process to enhance or
ensure the abilities of the State and any relevant agencies
to share information and data about dual status youth, while
maintaining confidentiality and privacy protections under
Federal and State law; and
``(D) a certification that the State has involved local
governments, as appropriate, in the development, expansion,
modification, operation, or improvement of proposed policy
and practice reforms to address the needs of dual status
youth.
``(2) No supplantation of other funds.--Any amounts paid to
a State under a grant under this section shall be used to
supplement and not supplant other State expenditures on dual
status youths or children involved with either the child
welfare or juvenile justice systems.
``(3) Evaluation.--Up to 10 percent of the amount made
available to carry out this section for a fiscal year shall
be made available to the Secretary to evaluate the
effectiveness of the projects funded under this section,
using a methodology that--
``(A) includes random assignment whenever feasible, or
other research methods that allow for the strongest possible
causal inferences when random assignment is not feasible; and
``(B) generates evidence on the impact of specific
projects, or groups of projects with identical (or similar)
practices and procedures.
``(4) Report.--A State child welfare agency and a State
juvenile justice agency receiving a grant under this section
shall jointly submit to the Secretary, the Attorney General,
and the Administrator of the Office of Juvenile Justice and
Delinquency Prevention of the Department of Justice, a report
on the evaluation of the activities carried out under the
grant at the end of each fiscal year during the period of the
grant. Such report shall include--
``(A) a description of the scope and nature of the dual
status youth population in the State, including the number of
dual status youth;
``(B) a description of the evidence-based practices and
procedures used by the agencies to carry out the activities
described in clauses (i) through (iii) of paragraph (1)(C);
and
``(C) an analysis of the effects of such practices and
procedures, including information regarding--
``(i) the collection of data related to individual dual
status youths;
``(ii) aggregate data related to the dual status youth
population, including--
``(I) characteristics of dual status youths in the State;
``(II) case processing timelines; and
``(III) information related to case management, the
provision of targeted services, and placements within the
foster care or juvenile justice system; and
``(iii) the extent to which such practices and procedures
have contributed to--
``(I) improved educational outcomes for dual status youths;
``(II) fewer delinquency referrals for dual status youths;
``(III) shorter stays in intensive restrictive placements
for dual status youths; or
``(IV) such other outcomes for dual status youths as the
State child welfare agency and State juvenile justice agency
may identify.
``(d) Training and Technical Assistance.--The Secretary may
support State child welfare agencies and State juvenile
justice agencies by offering a program, developed in
consultation with organizations and agencies with subject
matter expertise, of training and technical assistance to
assist such agencies in developing programs and protocols
that draw on best practices for serving dual status youth in
order to facilitate or enhance--
``(1) collaboration between State child welfare agencies
and State juvenile justice agencies; and
``(2) the effectiveness of such agencies with respect to
working with Federal agencies and child welfare and juvenile
justice agencies from other States.
``(e) Report.--Not later than 3 years after the date of
enactment of this section, and every 3 years thereafter, the
Secretary, the Attorney General, and the Administrator of the
Office of Juvenile Justice and Delinquency Prevention of the
Department of Justice shall jointly submit to the Committee
on Finance and the Committee on the Judiciary of the Senate
and the Committee on Ways and Means and the Committee on
Education and Labor of the House of Representatives, a report
on the grants provided under this section.
``(f) Definitions.--In this section:
``(1) Dual status youth.--The term `dual status youth'
means a child who has come into contact with both the child
welfare and juvenile justice systems and occupies various
statuses in terms of the individual's relationship to such
systems.
``(2) Leadership collaboration group.--The term `leadership
collaboration group' means a group composed of senior
officials from the State child welfare agency, the State
juvenile justice agency, and other relevant youth and family-
serving public agencies and private organizations, including,
to the extent practicable, representatives from the State
judiciary branch.
``(3) State juvenile justice agency.--The term `State
juvenile justice agency' means the agency of the State or
Indian tribe responsible for administering grant funds
awarded under the Juvenile Justice and Delinquency Prevention
Act of 1974 (34 U.S.C. 11101 et seq.).
``(4) State child welfare agency.--The term `State child
welfare agency' means the State agency responsible for
administering the program under this subpart, or, in the case
of a tribal organization that is receiving payments under
section 428, the tribal agency responsible for administering
such program.''.
(b) Conforming Amendments.--Section 423(a) of such Act (42
U.S.C. 623(a)) is amended--
(1) by striking ``The sum appropriated'' and inserting the
following:
``(1) In general.--Subject to paragraph (2), the sum
appropriated''; and
(2) by adding at the end the following:
``(2) Grants to states to enhance collaboration between
state child welfare and juvenile justice systems.--For each
fiscal year beginning with fiscal year 2023 for which the
amount appropriated under section 425 for the fiscal year
exceeds $270,000,000--
``(A) the Secretary shall reserve from such excess amount
such sums as are necessary for making grants under section
429A for such fiscal year; and
``(B) the remainder to be applied under paragraph (1) for
purposes of making allotments to States for such fiscal year
shall be determined after the Secretary first allots $70,000
to each State under such paragraph and reserves such sums
under subparagraph (A) of this paragraph.''.
SEC. 2102. 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. 2103. PILOT PROGRAM FOR YOUTH AT HIGH RISK OF BEING
TRAFFICKED.
Section 202(b) of the Trafficking Victims Protection
Reauthorization Act of 2005 (34 U.S.C. 20702(b)) is amended
by adding at the end the following:
``(5) Pilot demonstration program.--
``(A) Establishment.--The Assistant Attorney General, in
consultation with the Assistant Secretary, shall establish a
pilot demonstration program, through which community-based
organizations in underserved communities, prioritizing rural
communities, in the United States may apply for funding to
develop, implement, and build replicable treatment models,
based on the type of housing unit that the individual being
treated lives in, with supportive services and innovative
care, treatment, and services.
``(B) Population to be served.--The program established
pursuant to subparagraph (A) shall primarily serve
adolescents and youth who--
``(i) are transitioning out of foster care;
``(ii) struggle with substance use disorder;
``(iii) are pregnant or parenting; or
``(iv) have experienced foster care involvement or
involvement in the child welfare system, child poverty, child
abuse or neglect, human trafficking, juvenile justice
involvement, gang involvement, or homelessness.
``(C) Authorized activities.--Funding provided under
subparagraph (A) may be used for--
``(i) providing residential care, including temporary or
long-term placement as appropriate;
``(ii) providing 24-hour emergency social services
response;
``(iii) providing clothing and other daily necessities
needed to keep individuals from returning to living on the
street;
``(iv) case management services;
``(v) mental health counseling, including specialized
counseling and substance abuse treatment;
``(vi) legal services;
``(vii) specialized training for social service providers,
public sector personnel, and private sector personnel likely
to encounter sex trafficking and labor trafficking victims on
issues related to the sex trafficking and labor trafficking
of minors; and
``(viii) outreach and education programs to provide
information about deterrence and prevention of sex
trafficking and labor trafficking of minors.
``(D) Funding priority.--The Assistant Attorney General
shall give funding priority to community-based programs that
provide crisis stabilization, emergency shelter, and
addiction treatment for adolescents and transitional age
residential programs that have reputable outcomes.''.
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CHAPTER 2--GOVERNMENTAL EFFORTS TO PREVENT HUMAN TRAFFICKING
SEC. 2121. COMPTROLLER GENERAL REPORT ON OVERSIGHT OF FEDERAL
SUPPLY CHAINS.
(a) In General.--Not later than June 1, 2024, the
Comptroller General of the United States shall submit to the
appropriate congressional committees a report on Federal
contract supply chain oversight related to the prevention of
trafficking in persons.
(b) Elements.--The report required under subsection (a)
shall include an assessment of the following:
(1) The compliance of Federal agencies with the requirement
under section 1704(c)(1) of the National Defense
Authorization Act for Fiscal Year 2013 (22 U.S.C.
7104b(c)(1)) to refer to suspension and debarment officials
allegations of trafficking in persons activities on the part
of contract, grant, and cooperative agreement recipients.
(2) The compliance of Federal agencies with the requirement
to include the contract clause regarding combating
trafficking in persons provided for under section 222.50 of
the Federal Acquisition Regulation (or successor
regulations).
(3) Federal agency enforcement and monitoring activities
related to ensuring the compliance of Federal contractors and
subcontractors with the annual certification requirements
under such section 222.50.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on
Oversight and Reform, and the Committee on Appropriations of
the House of Representatives.
SEC. 2122. ENSURING ANTI-TRAFFICKING-IN-PERSONS TRAININGS AND
PROVISIONS INTO CODES OF CONDUCT OF ALL FEDERAL
DEPARTMENTS AND EXECUTIVE AGENCIES.
(a) Findings.--Congress finds the following:
(1) Human trafficking is inimical to every Federal agency's
core values and inherently harmful and dehumanizing.
(2) Through the adoption of a Code of Conduct, Federal
agencies hold their personnel to similar standards that are
required of contractors and subcontractors of the agency
under Federal law.
(3) Human trafficking is a violation of human rights and
against Federal law.
(4) The United States Government seeks to deter activities
that would facilitate or support trafficking in persons.
(b) Sense of Congress on Implementation of Anti-
trafficking-in-persons Policies.--It is the sense of Congress
that--
(1) beginning not later than 18 months after the date of
the enactment of this Act, the head of every Federal agency
should incorporate a module on human trafficking into its
staff training requirements and menu of topics to be covered
in the annual ethics training of such agency;
(2) such staff trainings should teach employees how to
prevent, identify, and report trafficking in persons;
(3) Federal agencies that already provide counter
trafficking-in-persons training for staff should share their
curricula with agencies that do not have such curricula;
(4) the head of each agency should inform all candidates
for employment about the anti-trafficking provisions in the
Code of Conduct of the agency;
(5) employees of each Federal agency should sign
acknowledgment of the agency's Code of Conduct, which should
be kept in the file of the employee; and
(6) a violation of the Code of Conduct should lead to
disciplinary action, up to and including termination of
employment.
(c) Policy for Executive Branch Employees.--The President
shall take such steps as may be necessary to ensure that each
officer and employee (including temporary employees, persons
stationed abroad while working for the United States, and
detailees from other agencies of the Federal Government) of
an agency in the executive branch of the Federal Government
is subject to a policy with a minimum standard that
contains--
(1) a prohibition from engaging in human trafficking while
employed by the Government in a full-time or part-time
capacity;
(2) a requirement that all Federal personnel, without
regard to whether the person is stationed abroad, be
sensitized to human trafficking and the ethical conduct
requirements that prohibit the procurement of trafficking in
persons;
(3) a requirement that all such personnel be equipped with
the necessary knowledge and tools to prevent, recognize,
report, and address human trafficking offenses through a
training for new personnel and through regular refresher
courses offered every 2 years; and
(4) a requirement that all such personnel report to the
applicable inspector general and agency trafficking in
persons point of contact any suspected cases of misconduct,
waste, fraud, or abuse relating to trafficking in persons.
(d) Timing.--The policy described in subsection (c)--
(1) shall be established or integrated into all applicable
employee codes of conduct not later than 18 months after the
date of the enactment of this Act;
(2) may not replace any preexisting code of conduct that
contains more robust requirements than the requirements
described in subsection (c); and
(3) shall be signed by all personnel described in
subsection (c) not later than 2 years after such date of
enactment.
(e) Reporting.--The Office of Inspector General of a
Federal department or agency, in consultation with the head
of such agency, shall submit an annual report to Congress,
which shall be publicly accessible, containing--
(1) the number of suspected violations reported;
(2) the number of investigations;
(3) the status and outcomes of such investigations; and
(4) any recommended actions to improve the programs and
operations of such agency.
SEC. 2123. 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. 2124. NSF SUPPORT OF RESEARCH ON IMPACTS OF SOCIAL MEDIA
ON HUMAN TRAFFICKING.
(a) Definitions.--In this section:
(1) Human trafficking.--The term ``human trafficking''
means an act or practice described in section 103(11) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102(11)).
(2) Social media platform.--The term ``social media
platform'' means a website or internet medium that--
(A) permits a person to become a registered user, establish
an account, or create a profile for the purpose of allowing
users to create, share, and view user-generated content
through such an account or profile;
(B) enables 1 or more users to generate content that can be
viewed by other users of the medium; and
(C) primarily serves as a medium for users to interact with
content generated by other users of the medium.
(b) Support of Research.--The Director of the National
Science Foundation, in consultation with the Attorney
General, the Secretary of Homeland Security, and the
Secretary of Health and Human Services, shall support merit-
reviewed and competitively awarded research on the impact of
online social media platforms on the maintenance or expansion
of human trafficking, which may include--
(1) fundamental research on digital forensic tools or other
technologies for verifying the authenticity of social media
platform users and their materials, that are utilized in the
promotion or operation of human trafficking networks;
(2) fundamental research on privacy preserving technical
tools that may aid law enforcement's ability to identify and
prosecute individuals or entities promoting or involved in
human trafficking;
(3) social and behavioral research related to social media
platform users who engage with those promoting or involved in
human trafficking;
(4) research on the effectiveness of expanding public
understanding, awareness, or law enforcement efforts in
combating human trafficking through social media platforms;
and
(5) research awards coordinated with other Federal agencies
and programs, including the Information Integrity Research
and Development Interagency Working Group and the Privacy
Research and Development Interagency Working Group of the
Networking and Information Technology Research and
Development Program, the Office for Victims of Crime of the
Department of Justice, the Blue Campaign of the Department of
Homeland Security, the Office to Monitor and Combat
Trafficking in Persons of the Department of State, and
activities of the Department of Transportation and the
Advisory Committee on Human Trafficking.
(c) Survivors.--To the extent possible, the Director of the
National Science Foundation shall ensure that research
supported under subsection (b) incorporates the experiences,
input, and safety and privacy concerns of human trafficking
survivors.
(d) Reports.--
(1) Findings and recommendations.--Not later than 1 year
after the date of enactment of this Act, the Director of the
National Science Foundation shall report to the Committee on
Commerce, Science, and Transportation of the Senate, the
Subcommittee on Commerce, Justice, Science, and Related
Agencies of the Committee on Appropriations of the Senate,
the Committee on Science, Space, and Technology of the House
of Representatives, and the Subcommittee on Commerce,
Justice, Science, and Related Agencies of the Committee on
Appropriations of the House of Representatives--
(A) the Director's findings with respect to the feasibility
for research opportunities, including with the private sector
social media platform companies, to improve the ability to
combat human trafficking operations; and
(B) any recommendations of the Director that could
facilitate and improve communication and coordination among
the private
[[Page S10014]]
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.
CHAPTER 3--MONITORING CHILD, FORCED, AND SLAVE LABOR
SEC. 2131. 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. 2132. SENSE OF CONGRESS REGARDING UNITED STATES
COMPANIES ADOPTING COUNTER-TRAFFICKING-IN-
PERSONS POLICIES.
It is the sense of Congress that--
(1) companies headquartered or doing business in the United
States that are not small business concerns (as defined in
section 3 of the Small Business Act (15 U.S.C. 632)) should
adopt a written policy not later than 18 months after the
date of the enactment of this Act that--
(A) prohibits trafficking in persons;
(B) is published annually; and
(C) is accessible in a prominent place on their public
website; and
(2) such policy should expressly prohibit the company, its
employees, or agents from--
(A) engaging in human trafficking;
(B) using forced labor for the development, production,
shipping, or sale of its goods or services;
(C) destroying, concealing, confiscating, or otherwise
denying access by an employee to the employee's identity or
immigration documents, such as passports or drivers'
licenses, regardless of issuing authority;
(D) using misleading or fraudulent practices during the
recruitment of employees or offering of employment, such as--
(i) failing to disclose, in a format and language
understood by the employee or potential employee, basic
information; or
(ii) making material misrepresentations during the
recruitment of employees regarding the key terms and
conditions of employment, including--
(I) wages and fringe benefits;
(II) the location of work;
(III) the living conditions;
(IV) housing and associated costs (if employer- or agent-
provided or arranged);
(V) any significant costs to be charged to the employee or
potential employee; and
(VI) the hazardous nature of the work, if applicable;
(E) using recruiters that do not comply with local labor
laws of the country in which the recruiting takes place;
(F) providing or arranging housing that fails to meet the
host country housing and safety standards; and
(G) failing to provide an employment contract, recruitment
agreement, or other required work document--
(i) in writing--
(I) in a language the employee understands; or
(II) along with an independent interpreter if the document
cannot be provided in a language the employee understands;
(ii) not later than 5 days before the employee relocates,
if relocation is required to perform the work; and
(iii) that includes details about work description, wages,
work locations, living accommodations and associated costs,
time off, round-trip transportation arrangements, grievance
processes, and the content of applicable laws and regulations
that prohibit trafficking in persons.
SEC. 2133. AMENDMENTS TO THE CHILD ABUSE PREVENTION AND
TREATMENT ACT.
Section 111(b)(1) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106g(b)(1)) is amended by striking
``a victim of'' and all that follows and inserting ``a victim
of `child abuse and neglect' and of `sexual abuse' if the
child is identified, by a State or local agency employee of
the State or locality involved, as being a victim of human
trafficking.''.
SEC. 2134. 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. 2135. 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. 2136. 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 2137; and
(B) report the information the agency receives about
missing or abducted foster children and youth to the National
Center on Missing and Exploited Children and to law
enforcement authorities for inclusion in the Federal Bureau
of Investigation's National Crime Information Center
database, in accordance with section 471(a)(34) of the Social
Security Act (42 U.S.C. 671(a)(34));
(2) the reports described in paragraph (1)(B)--
(A) should be made immediately (and in no case later than
24 hours) after the information is received; and
(B) were required to be provided to the Secretary of Health
and Human Services beginning on September 30, 2016; and
(3) according to section 471(a)(34) of such Act, each State
child welfare agency was required to submit annual reports to
the Secretary of Health and Human Services beginning on
September 30, 2017, to notify the Secretary of the total
number of children and youth who are victims of human
trafficking.
SEC. 2137. 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.
[[Page S10015]]
Subtitle B--Authorization of Appropriations
SEC. 2201. EXTENSION OF AUTHORIZATIONS UNDER THE VICTIMS OF
TRAFFICKING AND VIOLENCE PROTECTION ACT OF
2000.
Section 113 of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7110) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``To carry out the
purposes of sections 106(b) and 107(b),'' and inserting ``To
carry out the purposes of sections 106(b) and 107(b) of this
Act and section 429A of the Social Security Act,''; and
(B) in paragraph (2), by striking ``2018 through 2021'' and
inserting ``2023 through 2028'';
(2) in subsection (d)(3), by striking ``$11,000,000 to the
Attorney General for each of the fiscal years 2018 through
2021'' and inserting ``$11,000,000 to the Attorney General
for each of the fiscal years 2023 through 2028'';
(3) in subsection (f), by striking ``2018 through 2021.''
and inserting ``2023 through 2028''; and
(4) in subsection (i)--
(A) by striking ``2018 through 2021'' and inserting ``2023
through 2028''; and
(B) by inserting ``of which $2,000,000 shall be made
available each fiscal year for the establishment of a labor
trafficking investigation team within the Department of
Homeland Security Center for Countering Human Trafficking,
and the remaining funds shall be used'' after ``expended,''.
SEC. 2202. 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).
Subtitle C--Severability
SEC. 2301. SEVERABILITY.
If any provision of this title or amendment made by this
title, or the application of such provision or amendment to
any person or circumstance, is held to be unconstitutional,
the remainder of this title and the amendments made by this
title, and the application of the provision or amendment to
any other person or circumstance, shall not be affected.
TITLE III--PROJECT SAFE NEIGHBORHOODS REAUTHORIZATION
SEC. 3001. SHORT TITLE.
This title may be cited as the ``Project Safe Neighborhoods
Reauthorization Act of 2022''.
SEC. 3002. FINDINGS.
Congress finds the following:
(1) Launched in 2001, the Project Safe Neighborhoods
program is a nationwide initiative that brings together
Federal, State, local, and Tribal law enforcement officials,
prosecutors, community leaders, and other stakeholders to
identify the most pressing crime problems in a community and
work collaboratively to address those problems.
(2) The Project Safe Neighborhoods program--
(A) operates in all 94 Federal judicial districts
throughout the 50 States and territories of the United
States; and
(B) implements 4 key components to successfully reduce
violent crime in communities, including community engagement,
prevention and intervention, focused and strategic
enforcement, and accountability.
SEC. 3003. REAUTHORIZATION.
(a) Definitions.--Section 2 of the Project Safe
Neighborhoods Grant Program Authorization Act of 2018 (34
U.S.C. 60701) is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (4), and (5), respectively;
(2) by inserting before paragraph (2), as so redesignated,
the following:
``(1) the term `crime analyst' means an individual employed
by a law enforcement agency for the purpose of separating
information into key components and contributing to plans of
action to understand, mitigate, and neutralize criminal
threats;''; and
(3) by inserting after paragraph (2), as so redesignated,
the following:
``(3) the term `law enforcement assistant' means an
individual employed by a law enforcement agency or a
prosecuting agency for the purpose of aiding law enforcement
officers in investigative or administrative duties;''.
(b) Use of Funds.--Section 4(b) of the Project Safe
Neighborhoods Grant Program Authorization Act of 2018 (34
U.S.C. 60703(b)) is amended--
(1) in paragraph (3), by striking ``or'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(5) hiring crime analysts to assist with violent crime
reduction efforts;
``(6) the cost of overtime for law enforcement officers,
prosecutors, and law enforcement assistants that assist with
the Program; and
``(7) purchasing, implementing, and using technology to
assist with violent crime reduction efforts.''.
(c) Authorization of Appropriations.--Section 6 of the
Project Safe Neighborhoods Grant Program Authorization Act of
2018 (34 U.S.C. 60705) is amended by striking ``fiscal years
2019 through 2021'' and inserting ``fiscal years 2023 through
2026''.
SEC. 3004. TASK FORCE SUPPORT.
(a) Short Title.--This section may be cited as the
``Officer Ella Grace French and Sergeant Jim Smith Task Force
Support Act of 2022''.
(b) Amendment.--Section 4(b) of the Project Safe
Neighborhoods Grant Program Authorization Act of 2018 (34
U.S.C. 60703(b)), as amended by section 3(b), is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) support for multi-jurisdictional task forces.''.
TITLE IV--PREVENTING CHILD SEX ABUSE ACT OF 2022
SEC. 4001. SHORT TITLE.
This title may be cited as the ``Preventing Child Sex Abuse
Act of 2022''.
SEC. 4002. SENSE OF CONGRESS.
The sense of Congress is the following:
(1) The safety of children should be a top priority for
public officials and communities in the United States.
(2) According to the Rape, Abuse & Incest National Network,
an individual in the United States is sexually assaulted
every 68 seconds. And every 9 minutes, that victim is a
child. Meanwhile, only 25 out of every 1,000 perpetrators
will end up in prison.
(3) The effects of child sexual abuse can be long-lasting
and affect the victim's mental health.
(4) Victims are more likely than non-victims to experience
the following mental health challenges:
(A) Victims are about 4 times more likely to develop
symptoms of drug abuse.
(B) Victims are about 4 times more likely to experience
post-traumatic stress disorder as adults.
(C) Victims are about 3 times more likely to experience a
major depressive episode as adults.
(5) The criminal justice system should and has acted as an
important line of defense to protect children and hold
perpetrators accountable.
(6) However, the horrific crimes perpetuated by Larry
Nassar demonstrate firsthand the loopholes that still exist
in the criminal justice system. While Larry Nassar was found
guilty of several State-level offenses, he was not charged
federally for his illicit sexual contact with minors, despite
crossing State and international borders to commit this
conduct.
(7) The Department of Justice has also identified a growing
trend of Americans who use charitable or missionary work in a
foreign country as a cover for sexual abuse of children.
(8) It is the intent of Congress to prohibit Americans from
engaging in sexual abuse or exploitation of minors under the
guise of work, including volunteer work, with an organization
that affects interstate or foreign commerce, such as an
international charity.
(9) Federal law does not require that an abuser's intention
to engage in sexual abuse be a primary, significant,
dominant, or motivating purpose of the travel.
(10) Child sexual abuse does not require physical contact
between the abuser and the child. This is especially true as
perpetrators turn increasingly to internet platforms, online
chat rooms, and webcams to commit child sexual abuse.
(11) However, a decision of the United States Court of
Appeals for the Seventh Circuit found the use of a webcam to
engage in sexually provocative activity with a minor did not
qualify as ``sexual activity''.
(12) Congress can address this issue by amending the
definition of the term ``sexual activity'' to clarify that it
does not require interpersonal, physical contact.
(13) It is the duty of Congress to provide clearer guidance
to ensure that those who commit crimes against children are
prosecuted to the fullest extent of the law.
SEC. 4003. INTERSTATE CHILD SEXUAL ABUSE.
Section 2423 of title 18, United States Code, is amended--
(1) in subsection (b), by striking ``with a motivating
purpose of engaging in any illicit sexual conduct with
another person'' and inserting ``with intent to engage in any
illicit sexual conduct with another person'';
(2) by redesignating subsections (d), (e), (f), and (g) as
subsections (e), (f), (g), and (i), respectively;
(3) in subsection (e), as so redesignated, by striking
``with a motivating purpose of engaging in any illicit sexual
conduct'' and inserting ``with intent to engage in any
illicit sexual conduct''; and
(4) by inserting after subsection (g), as so redesignated,
the following:
``(h) Rule of Construction.--As used in this section, the
term `intent' shall be construed as any intention to engage
in illicit sexual conduct at the time of the travel.''.
SEC. 4004. ABUSE UNDER THE GUISE OF CHARITY.
Section 2423 of title 18, United States Code, as amended by
section 4003 of this title, is amended--
(1) by inserting after subsection (c) the following:
``(d) Illicit Sexual Conduct in Connection With Certain
Organizations.--Any citizen of the United States or alien
admitted for permanent residence who--
``(1) is an officer, director, employee, or agent of an
organization that affects interstate or foreign commerce;
``(2) makes use of the mails or any means or
instrumentality of interstate or foreign
[[Page S10016]]
commerce through the connection or affiliation of the person
with such organization; and
``(3) commits an act in furtherance of illicit sexual
conduct through the connection or affiliation of the person
with such organization,
shall be fined under this title, imprisoned for not more than
30 years, or both.'';
(2) in subsection (f), as so redesignated, by striking ``or
(d)'' and inserting ``(d), or (e)''; and
(3) in subsection (i), as so redesignated, by striking
``(f)(2)'' and inserting ``(g)(2)''.
SEC. 4005. SEXUAL ACTIVITY WITH MINORS.
Section 2427 of title 18, United States Code, is amended by
inserting ``does not require interpersonal physical contact,
and'' before ``includes''.
TITLE V--DISCLOSING FOREIGN INFLUENCE IN LOBBYING
SEC. 5001. SHORT TITLE.
This title may be cited as the ``Disclosing Foreign
Influence in Lobbying Act''.
SEC. 5002. CLARIFICATION OF CONTENTS OF REGISTRATION.
Section 4(b) of the Lobbying Disclosure Act of 1995 (2
U.S.C. 1603(b)) is amended--
(1) in paragraph (6), by striking ``and'' at the end; and
(2) in paragraph (7), by striking ``the offense.'' and
inserting the following: ``the offense; and
``(8) notwithstanding paragraph (4), the name and address
of each government of a foreign country (including any agency
or subdivision of a foreign government, such as a regional or
municipal unit of government) and foreign political party,
other than the client, that participates in the direction,
planning, supervision, or control of any lobbying activities
of the registrant.''.
TITLE VI--AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT
SEC. 6001. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT.
Section 102 of the Controlled Substances Act (21 U.S.C.
802) is amended--
(1) by redesignating paragraph (58) as paragraph (59);
(2) by redesignating the second paragraph designated as
paragraph (57) (relating to the definition of ``serious drug
felony'') as paragraph (58); and
(3) by moving paragraphs (57), (58) (as so redesignated),
and (59) (as so redesignated) 2 ems to the left.
TITLE VII--FIGHTING POST-TRAUMATIC STRESS DISORDER
SEC. 7001. SHORT TITLE.
This title may be cited as the ``Fighting Post-Traumatic
Stress Disorder Act of 2022''.
SEC. 7002. FINDINGS.
Congress finds the following:
(1) Public safety officers serve their communities with
bravery and distinction in order to keep their communities
safe.
(2) Public safety officers, including police officers,
firefighters, emergency medical technicians, and 911
dispatchers, are on the front lines of dealing with
situations that are stressful, graphic, harrowing, and life-
threatening.
(3) The work of public safety officers puts them at risk
for developing post-traumatic stress disorder and acute
stress disorder.
(4) It is estimated that 30 percent of public safety
officers develop behavioral health conditions at some point
in their lifetimes, including depression and post-traumatic
stress disorder, in comparison to 20 percent of the general
population that develops such conditions.
(5) Victims of post-traumatic stress disorder and acute
stress disorder are at a higher risk of dying by suicide.
(6) Firefighters have been reported to have higher suicide
attempt and ideation rates than the general population.
(7) It is estimated that between 125 and 300 police
officers die by suicide every year.
(8) In 2019, pursuant to section 2(b) of the Law
Enforcement Mental Health and Wellness Act of 2017 (Public
Law 115-113; 131 Stat. 2276), the Director of the Office of
Community Oriented Policing Services of the Department of
Justice developed a report (referred to in this section as
the ``LEMHWA report'') that expressed that many law
enforcement agencies do not have the capacity or local access
to the mental health professionals necessary for treating
their law enforcement officers.
(9) The LEMHWA report recommended methods for establishing
remote access or regional mental health check programs at the
State or Federal level.
(10) Individual police and fire departments generally do
not have the resources to employ full-time mental health
experts who are able to treat public safety officers with
state-of-the-art techniques for the purpose of treating job-
related post-traumatic stress disorder and acute stress
disorder.
SEC. 7003. PROGRAMMING FOR POST-TRAUMATIC STRESS DISORDER.
(a) Definitions.--In this section:
(1) Public safety officer.--The term ``public safety
officer''--
(A) has the meaning given the term in section 1204 of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10284); and
(B) includes Tribal public safety officers.
(2) Public safety telecommunicator.--The term ``public
safety telecommunicator'' means an individual who--
(A) operates telephone, radio, or other communication
systems to receive and communicate requests for emergency
assistance at 911 public safety answering points and
emergency operations centers;
(B) takes information from the public and other sources
relating to crimes, threats, disturbances, acts of terrorism,
fires, medical emergencies, and other public safety matters;
and
(C) coordinates and provides information to law enforcement
and emergency response personnel.
(b) Report.--Not later than 150 days after the date of
enactment of this Act, the Attorney General, acting through
the Director of the Office of Community Oriented Policing
Services of the Department of Justice, shall submit to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives a report on--
(1) not fewer than 1 proposed program, if the Attorney
General determines it appropriate and feasible to do so, to
be administered by the Department of Justice for making
state-of-the-art treatments or preventative care available to
public safety officers and public safety telecommunicators
with regard to job-related post-traumatic stress disorder or
acute stress disorder by providing public safety officers and
public safety telecommunicators access to evidence-based
trauma-informed care, peer support, counselor services, and
family supports for the purpose of treating or preventing
post-traumatic stress disorder or acute stress disorder;
(2) a draft of any necessary grant conditions required to
ensure that confidentiality is afforded to public safety
officers on account of seeking the care or services described
in paragraph (1) under the proposed program;
(3) how each proposed program described in paragraph (1)
could be most efficiently administered throughout the United
States at the State, Tribal, territorial, and local levels,
taking into account in-person and telehealth capabilities;
(4) a draft of legislative language necessary to authorize
each proposed program described in paragraph (1); and
(5) an estimate of the amount of annual appropriations
necessary for administering each proposed program described
in paragraph (1).
(c) Development.--In developing the report required under
subsection (b), the Attorney General shall consult relevant
stakeholders, including--
(1) Federal, State, Tribal, territorial, and local agencies
employing public safety officers and public safety
telecommunicators; and
(2) non-governmental organizations, international
organizations, academies, or other entities, including
organizations that support the interests of public safety
officers and public safety telecommunicators and the
interests of family members of public safety officers and
public safety telecommunicators.
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