[Congressional Record Volume 168, Number 200 (Thursday, December 22, 2022)]
[House]
[Pages H10013-H10018]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRAFFICKING VICTIMS PREVENTION AND PROTECTION REAUTHORIZATION ACT OF
2022
Mr. NADLER. Madam Speaker, I move to suspend the rules and pass the
bill (S. 3949) to reauthorize the Trafficking Victims Protection Act of
2000, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 3949
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. Elimination of sunset for Advisory Council on Human
Trafficking.
Sec. 103. Pilot program for youth at high risk of being trafficked.
Subtitle B--Governmental Efforts To Prevent Human Trafficking
Sec. 121. Comptroller General report on oversight of Federal supply
chains.
Sec. 122. Ensuring anti-trafficking-in-persons trainings and provisions
into Codes of Conduct of all Federal departments and
executive agencies.
Sec. 123. Government Accountability Office study on accessibility of
mental health services and substance use disorder
services.
Sec. 124. NSF support of research on impacts of social media on human
trafficking.
Subtitle C--Monitoring Child, Forced, and Slave Labor
Sec. 131. Transparency in anti-trafficking expenditures.
Sec. 132. Sense of Congress regarding United States companies adopting
counter-trafficking-in-persons policies.
Sec. 133. Amendments to the Child Abuse Prevention and Treatment Act.
Sec. 134. Sense of Congress regarding timely submission of Department
of Justice reports.
Sec. 135. Sense of Congress on criteria for classifying victims of
child sex trafficking.
Sec. 136. Missing and abducted foster children and youth.
Sec. 137. Modification to State plan for foster care and adoption
assistance.
TITLE II--AUTHORIZATION OF APPROPRIATIONS
Sec. 201. Extension of authorizations under the Victims of Trafficking
and Violence Protection Act of 2000.
Sec. 202. Improving enforcement of section 307 of the Tariff Act of
1930.
TITLE III--SEVERABILITY
Sec. 301. Severability.
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.
[[Page H10014]]
``(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 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. 102. 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. 103. PILOT PROGRAM FOR YOUTH AT HIGH RISK OF BEING
TRAFFICKED.
Section 202(b) of the Trafficking Victims Protection
Reauthorization Act of 2005 (34 U.S.C. 20702(b)) is amended
by adding at the end the following:
``(5) Pilot demonstration program.--
``(A) Establishment.--The Assistant Attorney General, in
consultation with the Assistant Secretary, shall establish a
pilot demonstration program, through which community-based
organizations in underserved communities, prioritizing rural
communities, in the United States may apply for funding to
develop, implement, and build replicable treatment models,
based on the type of housing unit that the individual being
treated lives in, with supportive services and innovative
care, treatment, and services.
``(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
[[Page H10015]]
prevention of sex trafficking and labor trafficking of
minors.
``(D) Funding priority.--The Assistant Attorney General
shall give funding priority to community-based programs that
provide crisis stabilization, emergency shelter, and
addiction treatment for adolescents and transitional age
residential programs that have reputable outcomes.''.
Subtitle B--Governmental Efforts To Prevent Human Trafficking
SEC. 121. COMPTROLLER GENERAL REPORT ON OVERSIGHT OF FEDERAL
SUPPLY CHAINS.
(a) In General.--Not later than June 1, 2024, the
Comptroller General of the United States shall submit to the
appropriate congressional committees a report on Federal
contract supply chain oversight related to the prevention of
trafficking in persons.
(b) 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. 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 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. 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 human trafficking in the United States of
various ages; and
(2) submit a report to Congress containing the findings of
such study and recommendations for increased accessibility
and affordability for survivors of trafficking.
SEC. 124. 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--
[[Page H10016]]
(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 sector, the National Science Foundation, and
relevant Federal agencies to improve the ability to combat
human trafficking operations through social media.
(2) Results of research.--Not later than 4 years after the
date of enactment of this Act, the Director of the National
Science Foundation shall report to the Committee on Commerce,
Science, and Transportation of the Senate, the Subcommittee
on Commerce, Justice, Science, and Related Agencies of the
Committee on Appropriations of the Senate, the Committee on
Science, Space, and Technology of the House of
Representatives, and the Subcommittee on Commerce, Justice,
Science, and Related Agencies of the Committee on
Appropriations of the House of Representatives on the results
of the research supported under this section.
Subtitle C--Monitoring Child, Forced, and Slave Labor
SEC. 131. TRANSPARENCY IN ANTI-TRAFFICKING EXPENDITURES.
(a) 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; 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. 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 human
trafficking.''.
SEC. 134. SENSE OF CONGRESS REGARDING TIMELY SUBMISSION OF
DEPARTMENT OF JUSTICE REPORTS.
It is the sense of Congress that--
(1) the Department of Justice has failed to meet its
reporting requirements under title IV of the Trafficking
Victims Protection Act of 2017 (34 U.S.C. 10101 et seq.); and
(2) progress on critical data collection about human
trafficking and crime reporting are in jeopardy as a result
of such failure and must be addressed immediately.
SEC. 135. SENSE OF CONGRESS ON CRITERIA FOR CLASSIFYING
VICTIMS OF CHILD SEX TRAFFICKING.
It is the sense of Congress that--
(1) all States (including the District of Columbia) and
territories should evaluate whether to eliminate the
requirement for third-party control to properly qualify a
child as a victim of sex trafficking, to--
(A) aid in the identification and prevention of child sex
trafficking;
(B) protect children; and
(C) appropriately prosecute perpetrators to the fullest
extent of the law; and
(2) a person is qualified as a victim of child sex
trafficking if the person is a victim, as a child, of human
trafficking.
SEC. 136. MISSING AND ABDUCTED FOSTER CHILDREN AND YOUTH.
It is the sense of Congress that--
(1) each State child welfare agency should--
(A) prioritize developing and implementing protocols to
comply with section 471(a)(35) of the Social Security Act (42
U.S.C. 671(a)(35)), as amended by section 137; and
(B) report the information the agency receives about
missing or abducted foster children and youth to the National
Center on Missing and Exploited Children and to law
enforcement authorities for inclusion in the Federal Bureau
of Investigation's National Crime Information Center
database, in accordance with section 471(a)(34) of the Social
Security Act (42 U.S.C. 671(a)(34));
(2) the reports described in paragraph (1)(B)--
(A) should be made immediately (and in no case later than
24 hours) after the information is received; and
(B) were required to be provided to the Secretary of Health
and Human Services beginning on September 30, 2016; and
(3) according to section 471(a)(34) of such Act, each State
child welfare agency was required to submit annual reports to
the Secretary of Health and Human Services beginning on
September 30, 2017, to notify the Secretary of the total
number of children and youth who are victims of human
trafficking.
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
[[Page H10017]]
be a separate regular session of the State legislature.
TITLE II--AUTHORIZATION OF APPROPRIATIONS
SEC. 201. EXTENSION OF AUTHORIZATIONS UNDER THE VICTIMS OF
TRAFFICKING AND VIOLENCE PROTECTION ACT OF
2000.
Section 113 of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7110) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``To carry out the
purposes of sections 106(b) and 107(b),'' and inserting ``To
carry out the purposes of sections 106(b) and 107(b) of this
Act and section 429A of the Social Security Act,''; and
(B) in paragraph (2), by striking ``2018 through 2021'' and
inserting ``2023 through 2028'';
(2) in subsection (d)(3), by striking ``$11,000,000 to the
Attorney General for each of the fiscal years 2018 through
2021'' and inserting ``$11,000,000 to the Attorney General
for each of the fiscal years 2023 through 2028'';
(3) in subsection (f), by striking ``2018 through 2021.''
and inserting ``2023 through 2028''; and
(4) in subsection (i)--
(A) by striking ``2018 through 2021'' and inserting ``2023
through 2028''; and
(B) by inserting ``of which $2,000,000 shall be made
available each fiscal year for the establishment of a labor
trafficking investigation team within the Department of
Homeland Security Center for Countering Human Trafficking,
and the remaining funds shall be used'' after ``expended,''.
SEC. 202. IMPROVING ENFORCEMENT OF SECTION 307 OF THE TARIFF
ACT OF 1930.
There is authorized to be appropriated $20,000,000, for
each of fiscal years 2023 through 2028, to the Commissioner
of U.S. Customs and Border Protection to strengthen the
enforcement of section 307 of the Tariff Act of 1930 (19
U.S.C. 1307).
TITLE III--SEVERABILITY
SEC. 301. 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Nadler) and the gentleman from Ohio (Mr. Jordan) each will
control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. NADLER. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on S. 3949.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. NADLER. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in support of S. 3949, the Trafficking Victims
Prevention and Protection Reauthorization Act of 2022, which would
reauthorize the Trafficking Victims Protection Act of 2000, which
expired in September of last year.
This legislation would also extend and update programs for human
trafficking survivors while increasing the funding authorization to
reflect current spending levels through 2027.
Human trafficking continues to be one of the most important
challenges of our time. More than 20 years after we first passed the
Trafficking Victims Protection Act, traffickers continued to find new
ways to exploit 25 million people around the world while generating
more than $150 billion annually.
The TVPA serves as the foundation for the United States'
countertrafficking efforts and contains a multitude of authorizations
for the programs that support this crucial work. It is, therefore,
critical that we reauthorize this legislation.
S. 3949 would help prevent human trafficking, promote services to
trafficking victims and survivors, encourage Federal coordination on
data collection and crime reporting, and promote justice for
trafficking survivors.
The bill would improve training of Federal law enforcement personnel
by ensuring anti-trafficking trainings are included in all staff
trainings for Federal departments and executive agencies. It would also
establish a pilot program to which underserved communities in the
United States may apply for funding to develop and implement treatment
models and support services for youth at high risk of being trafficked.
The bill would also facilitate investigations into potential human
trafficking cases by strengthening statutes and penalties for
trafficking offenses. In addition, it would include the Survivors' Bill
of Rights, which encourages States to adopt the same protections for
survivors of State sex crimes that already exist at the Federal level.
Lastly, we know that trafficking victims are of all ages, genders,
ethnicities, nationalities, and sexual orientations. However, some
vulnerable individuals, including minors in foster care or involved in
the juvenile justice system, are more likely to be targeted and
victimized.
To encourage State agencies to work together to keep these at-risk
youth safe and off the streets, S. 3949 would make grants to State
child welfare and juvenile justice agencies to collaborate in the
collection of data on youth who are involved in both systems or dual-
status youth, and encourage better cooperation between State agencies
that oversee juvenile justice and child welfare programs.
The United States has built one of the strongest anti-trafficking
responses in the world, yet the fight is not over. We can and must
continue to improve and strengthen our anti-trafficking response.
That is why I thank Senators Feinstein and Grassley for introducing
S. 3949, legislation necessary to end all forms of human trafficking
and modern-day slavery.
Madam Speaker, I urge all of my colleagues to support this bill, and
I reserve the balance of my time.
Mr. JORDAN. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, S. 3949 requires that certain services be provided to
trafficking survivors with a history in the State child protection and
welfare system. For example, it would require that trafficking victims
with a history in the child welfare system receive basic education,
life skills training, job skills training, and other professional
development.
The bill also prohibits officials who are investigating trafficking
from engaging in illicit relationships or contact with witnesses,
victims, potential witnesses, and potential victims during the course
of the investigation.
It also requires all Federal agencies to ensure that all staff
receive training related to human trafficking and acknowledge the
agency's code of conduct as it relates to human trafficking.
Additionally, this bill requires the Comptroller General to report to
Congress on the prevention of trafficking of persons in the Federal
contract supply chain.
Madam Speaker, I would just say if we really want to deal with the
trafficking problem, the number one thing we could do, the number one
thing we should do, the best thing we could do is actually secure the
border. But this week, the Democrats are looking to do just the
opposite and make an already chaotic situation even more chaotic with
the repeal of title 42.
That is what we should be focusing on. If we really care about this
terrible human trafficking concern and problem, we would secure our
southern border, but that is not, unfortunately, where this
administration wants to go.
This legislation is fine, but if we really want to address the
overriding problem here, we would be focused on the border.
Madam Speaker, I yield back the balance of my time.
Mr. NADLER. Madam Speaker, for the reasons I stated in my opening
statement, I urge my colleagues to support the bill, and I yield back
the balance of my time.
Ms. JACKSON LEE. Madam Speaker, I rise in support of S. 3949, the
Trafficking Victims Protection Reauthorization Act of 2022, which
reauthorizes the Trafficking Victims Protection Act of 2000.
Human trafficking is one of the greatest ongoing threats to human
rights in the world--and in this country.
An estimated 25 percent of human trafficking victims are reportedly
in my home state of Texas, with Houston being one of the largest hubs
for human trafficking in the country. And although some populations are
at greater risk of victimization than others, human trafficking spans
all races, ages, genders, and every socioeconomic status.
[[Page H10018]]
In 2020, the National Human Trafficking Hotline identified more than
16,000 victims of human trafficking, who likely represent only a
fraction of the actual problem.
In that same year, the National Center for Missing and Exploited
Children received more than 21.7 million reports, most of which were
related to child sexual abuse material, online enticement, child sex
trafficking, and child sexual molestation.
Victims who have been exploited or abused sexually or trafficked,
whether for labor or sex, require and deserve victim-focused,
culturally informed responses from well-trained providers and law
enforcement, that direct them towards emergency and long-term services
critical to sustaining them as they heal.
Funding and grants to develop, expand, strengthen, and provide these
victim services and programming are vital to our efforts to identify
victims, provide healing, prevent further victimization, and ensure
justice.
Because it is our duty not only to ensure victims and survivors of
these ghastly crimes are not re-victimized but also to provide them
with services that help them successfully re-integrate into society, we
must extend the authorizations of the vital programs within the
Trafficking Victims Protection Act.
I support S. 3949 and encourage my colleagues to do the same.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Nadler) that the House suspend the rules
and pass the bill, S. 3949.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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