[117th Congress Public Law 348]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 6211]]
Public Law 117-348
117th Congress
An Act
To reauthorize the Trafficking Victims Protection Act of 2000, and for
other purposes. <<NOTE: Jan. 5, 2023 - [S. 3949]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Trafficking
Victims Prevention and Protection Reauthorization Act of 2022.>>
SECTION 1. <<NOTE: 22 USC 7101 note.>> SHORT TITLE.
This Act may be cited as the ``Trafficking Victims Prevention and
Protection Reauthorization Act of 2022''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES
Subtitle A--Programs To Support Young Victims Who Are Vulnerable To
Human Trafficking
Sec. 101. Authority to award competitive grants to enhance collaboration
between State child welfare and juvenile justice systems.
Sec. 102. Elimination of sunset for Advisory Council on Human
Trafficking.
Sec. 103. Pilot program for youth at high risk of being trafficked.
Subtitle B--Governmental Efforts To Prevent Human Trafficking
Sec. 121. Comptroller General report on oversight of Federal supply
chains.
Sec. 122. Ensuring anti-trafficking-in-persons trainings and provisions
into Codes of Conduct of all Federal departments and
executive agencies.
Sec. 123. Government Accountability Office study on accessibility of
mental health services and substance use disorder services.
Sec. 124. NSF support of research on impacts of social media on human
trafficking.
Subtitle C--Monitoring Child, Forced, and Slave Labor
Sec. 131. Transparency in anti-trafficking expenditures.
Sec. 132. Sense of Congress regarding United States companies adopting
counter-trafficking-in-persons policies.
Sec. 133. Amendments to the Child Abuse Prevention and Treatment Act.
Sec. 134. Sense of Congress regarding timely submission of Department of
Justice reports.
Sec. 135. Sense of Congress on criteria for classifying victims of child
sex trafficking.
Sec. 136. Missing and abducted foster children and youth.
Sec. 137. Modification to State plan for foster care and adoption
assistance.
TITLE II--AUTHORIZATION OF APPROPRIATIONS
Sec. 201. Extension of authorizations under the Victims of Trafficking
and Violence Protection Act of 2000.
Sec. 202. Improving enforcement of section 307 of the Tariff Act of
1930.
TITLE III--SEVERABILITY
Sec. 301. Severability.
[[Page 136 STAT. 6212]]
TITLE I--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES
Subtitle A--Programs To Support Young Victims Who Are Vulnerable To
Human Trafficking
SEC. 101. AUTHORITY TO AWARD COMPETITIVE GRANTS TO ENHANCE
COLLABORATION BETWEEN STATE CHILD WELFARE
AND JUVENILE JUSTICE SYSTEMS.
(a) In General.--Subpart 1 of part B of title IV of the Social
Security Act (42 U.S.C. 621 et seq.) is amended by adding at the end the
following:
``SEC. 429A. <<NOTE: 42 USC 628c.>> GRANTS TO STATES TO ENHANCE
COLLABORATION BETWEEN STATE CHILD
WELFARE AND JUVENILE JUSTICE SYSTEMS.
``(a) Purpose.--The purpose of this section is to authorize the
Secretary, in collaboration with the Attorney General and the
Administrator of the Office of Juvenile Justice and Delinquency
Prevention of the Department of Justice--
``(1) to make grants to State child welfare and juvenile
justice agencies and child- and youth-serving agencies to
collaborate in the collection of data relating to dual status
youth; and
``(2) <<NOTE: Procedures.>> to develop practices, policies,
and protocols--
``(A) to confront the challenges presented and
experienced by dual status youth; and
``(B) for the development of interoperable data
systems.
``(b) Authority to Award Grants.--
``(1) In general.--Subject to the availability of
appropriations, from amounts reserved under section 423(a)(2)
for a fiscal year, the Secretary shall award competitive grants
jointly to a State child welfare agency and a State juvenile
justice agency to facilitate or enhance collaboration between
the child welfare and juvenile justice systems of the State in
order to carry out programs to address the needs of dual status
youth and their families.
``(2) Length of grants.--
``(A) In general.--Subject to subparagraph (B), a
grant shall be awarded under this section for a period
of not less than 2 fiscal years and not more than 5
fiscal years.
``(B) Extension of grant.--Upon the application of
the grantee, the Secretary may extend the period for
which a grant is awarded under this section for not more
than 2 fiscal years.
``(c) Additional Requirements.--
``(1) Application.--In order for a State to be eligible for
a grant under this section, the State shall submit an
application, subject to the approval of the Secretary, that
includes--
``(A) a description of the proposed leadership
collaboration group (including the membership of such
group), and how such group will manage and oversee a
review and analysis of current practices while working
to jointly
[[Page 136 STAT. 6213]]
address enhanced practices to improve outcomes for dual
status youth;
``(B) a description of how the State proposes--
``(i) to identify dual status youth;
``(ii) to identify individuals who are at risk
of becoming dual status youth;
``(iii) to identify common characteristics
shared by dual status youth in the State; and
``(iv) to determine the prevalence of dual
status youth in the State;
``(C) a description of current and proposed
practices and procedures that the State intends to use--
``(i) to screen and assess dual status youth
for risks and treatment needs;
``(ii) to provide targeted and evidence-based
services, including educational, behavioral
health, and pro-social treatment interventions for
dual status youth and their families; and
``(iii) to provide for a lawful process to
enhance or ensure the abilities of the State and
any relevant agencies to share information and
data about dual status youth, while maintaining
confidentiality and privacy protections under
Federal and State law; and
``(D) <<NOTE: Certification.>> a certification that
the State has involved local governments, as
appropriate, in the development, expansion,
modification, operation, or improvement of proposed
policy and practice reforms to address the needs of dual
status youth.
``(2) No supplantation of other funds.--Any amounts paid to
a State under a grant under this section shall be used to
supplement and not supplant other State expenditures on dual
status youths or children involved with either the child welfare
or juvenile justice systems.
``(3) Evaluation.--Up to 10 percent of the amount made
available to carry out this section for a fiscal year shall be
made available to the Secretary to evaluate the effectiveness of
the projects funded under this section, using a methodology
that--
``(A) includes random assignment whenever feasible,
or other research methods that allow for the strongest
possible causal inferences when random assignment is not
feasible; and
``(B) generates evidence on the impact of specific
projects, or groups of projects with identical (or
similar) practices and procedures.
``(4) Report.--A State child welfare agency and a State
juvenile justice agency receiving a grant under this section
shall jointly submit to the Secretary, the Attorney General, and
the Administrator of the Office of Juvenile Justice and
Delinquency Prevention of the Department of Justice, a report on
the evaluation of the activities carried out under the grant at
the end of each fiscal year during the period of the grant. Such
report shall include--
``(A) a description of the scope and nature of the
dual status youth population in the State, including the
number of dual status youth;
[[Page 136 STAT. 6214]]
``(B) a description of the evidence-based practices
and procedures used by the agencies to carry out the
activities described in clauses (i) through (iii) of
paragraph (1)(C); and
``(C) <<NOTE: Analysis.>> an analysis of the
effects of such practices and procedures, including
information regarding--
``(i) the collection of data related to
individual dual status youths;
``(ii) aggregate data related to the dual
status youth population, including--
``(I) characteristics of dual status
youths in the State;
``(II) case processing timelines;
and
``(III) information related to case
management, the provision of targeted
services, and placements within the
foster care or juvenile justice system;
and
``(iii) the extent to which such practices and
procedures have contributed to--
``(I) improved educational outcomes
for dual status youths;
``(II) fewer delinquency referrals
for dual status youths;
``(III) shorter stays in intensive
restrictive placements for dual status
youths; or
``(IV) such other outcomes for dual
status youths as the State child welfare
agency and State juvenile justice agency
may identify.
``(d) Training and Technical Assistance.--The Secretary may support
State child welfare agencies and State juvenile justice agencies by
offering a program, developed in consultation with organizations and
agencies with subject matter expertise, of training and technical
assistance to assist such agencies in developing programs and protocols
that draw on best practices for serving dual status youth in order to
facilitate or enhance--
``(1) collaboration between State child welfare agencies and
State juvenile justice agencies; and
``(2) the effectiveness of such agencies with respect to
working with Federal agencies and child welfare and juvenile
justice agencies from other States.
``(e) Report.--Not later than 3 years after the date of enactment of
this section, and every 3 years thereafter, the Secretary, the Attorney
General, and the Administrator of the Office of Juvenile Justice and
Delinquency Prevention of the Department of Justice shall jointly submit
to the Committee on Finance and the Committee on the Judiciary of the
Senate and the Committee on Ways and Means and the Committee on
Education and Labor of the House of Representatives, a report on the
grants provided under this section.
``(f) Definitions.--In this section:
``(1) Dual status youth.--The term `dual status youth' means
a child who has come into contact with both the child welfare
and juvenile justice systems and occupies various statuses in
terms of the individual's relationship to such systems.
``(2) Leadership collaboration group.--The term `leadership
collaboration group' means a group composed of senior
[[Page 136 STAT. 6215]]
officials from the State child welfare agency, the State
juvenile justice agency, and other relevant youth and family-
serving public agencies and private organizations, including, to
the extent practicable, representatives from the State judiciary
branch.
``(3) State juvenile justice agency.--The term `State
juvenile justice agency' means the agency of the State or Indian
tribe responsible for administering grant funds awarded under
the Juvenile Justice and Delinquency Prevention Act of 1974 (34
U.S.C. 11101 et seq.).
``(4) State child welfare agency.--The term `State child
welfare agency' means the State agency responsible for
administering the program under this subpart, or, in the case of
a tribal organization that is receiving payments under section
428, the tribal agency responsible for administering such
program.''.
(b) Conforming Amendments.--Section 423(a) of such Act (42 U.S.C.
623(a)) is amended--
(1) by striking ``The sum appropriated'' and inserting the
following:
``(1) In general.--Subject to paragraph (2), the sum
appropriated''; and
(2) by adding at the end the following:
``(2) Grants to states to enhance collaboration between
state child welfare and juvenile justice systems.--For each
fiscal year beginning with fiscal year 2023 for which the amount
appropriated under section 425 for the fiscal year exceeds
$270,000,000--
``(A) the Secretary shall reserve from such excess
amount such sums as are necessary for making grants
under section 429A for such fiscal year; and
``(B) <<NOTE: Determination.>> the remainder to be
applied under paragraph (1) for purposes of making
allotments to States for such fiscal year shall be
determined after the Secretary first allots $70,000 to
each State under such paragraph and reserves such sums
under subparagraph (A) of this paragraph.''.
SEC. 102. ELIMINATION OF SUNSET FOR ADVISORY COUNCIL ON HUMAN
TRAFFICKING.
The Survivors of Human Trafficking Empowerment Act (section 115 of
Public Law 114-22) <<NOTE: 22 USC 7103b.>> is amended by striking
subsection (h).
SEC. 103. PILOT PROGRAM FOR YOUTH AT HIGH RISK OF BEING
TRAFFICKED.
Section 202(b) of the Trafficking Victims Protection Reauthorization
Act of 2005 (34 U.S.C. 20702(b)) is amended by adding at the end the
following:
``(5) Pilot demonstration program.--
``(A) Establishment.--The Assistant Attorney
General, in consultation with the Assistant Secretary,
shall establish a pilot demonstration program, through
which community-based organizations in underserved
communities, prioritizing rural communities, in the
United States may apply for funding to develop,
implement, and build replicable treatment models, based
on the type of housing unit that the individual being
treated lives in, with supportive services and
innovative care, treatment, and services.
[[Page 136 STAT. 6216]]
``(B) Population to be served.--The program
established pursuant to subparagraph (A) shall primarily
serve adolescents and youth who--
``(i) are transitioning out of foster care;
``(ii) struggle with substance use disorder;
``(iii) are pregnant or parenting; or
``(iv) have experienced foster care
involvement or involvement in the child welfare
system, child poverty, child abuse or neglect,
human trafficking, juvenile justice involvement,
gang involvement, or homelessness.
``(C) Authorized activities.--Funding provided under
subparagraph (A) may be used for--
``(i) providing residential care, including
temporary or long-term placement as appropriate;
``(ii) providing 24-hour emergency social
services response;
``(iii) providing clothing and other daily
necessities needed to keep individuals from
returning to living on the street;
``(iv) case management services;
``(v) mental health counseling, including
specialized counseling and substance abuse
treatment;
``(vi) legal services;
``(vii) specialized training for social
service providers, public sector personnel, and
private sector personnel likely to encounter sex
trafficking and labor trafficking victims on
issues related to the sex trafficking and labor
trafficking of minors; and
``(viii) outreach and education programs to
provide information about deterrence and
prevention of sex trafficking and labor
trafficking of minors.
``(D) Funding priority.--The Assistant Attorney
General shall give funding priority to community-based
programs that provide crisis stabilization, emergency
shelter, and addiction treatment for adolescents and
transitional age residential programs that have
reputable outcomes.''.
Subtitle B--Governmental Efforts To Prevent Human Trafficking
SEC. 121. COMPTROLLER GENERAL REPORT ON OVERSIGHT OF FEDERAL
SUPPLY CHAINS.
(a) In General.--Not later than June 1, 2024, the Comptroller
General of the United States shall submit to the appropriate
congressional committees a report on Federal contract supply chain
oversight related to the prevention of trafficking in persons.
(b) <<NOTE: Assessments.>> Elements.--The report required under
subsection (a) shall include an assessment of the following:
(1) The compliance of Federal agencies with the requirement
under section 1704(c)(1) of the National Defense Authorization
Act for Fiscal Year 2013 (22 U.S.C. 7104b(c)(1)) to refer to
suspension and debarment officials allegations of trafficking in
persons activities on the part of contract, grant, and
cooperative agreement recipients.
[[Page 136 STAT. 6217]]
(2) The compliance of Federal agencies with the requirement
to include the contract clause regarding combating trafficking
in persons provided for under section 222.50 of the Federal
Acquisition Regulation (or successor regulations).
(3) Federal agency enforcement and monitoring activities
related to ensuring the compliance of Federal contractors and
subcontractors with the annual certification requirements under
such section 222.50.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on
Oversight and Reform, and the Committee on Appropriations of the
House of Representatives.
SEC. 122. <<NOTE: 5 USC 4103 note.>> ENSURING ANTI-TRAFFICKING-
IN-PERSONS TRAININGS AND PROVISIONS INTO
CODES OF CONDUCT OF ALL FEDERAL
DEPARTMENTS AND EXECUTIVE AGENCIES.
(a) Findings.--Congress finds the following:
(1) Human trafficking is inimical to every Federal agency's
core values and inherently harmful and dehumanizing.
(2) Through the adoption of a Code of Conduct, Federal
agencies hold their personnel to similar standards that are
required of contractors and subcontractors of the agency under
Federal law.
(3) Human trafficking is a violation of human rights and
against Federal law.
(4) The United States Government seeks to deter activities
that would facilitate or support trafficking in persons.
(b) Sense of Congress on Implementation of Anti-trafficking-in-
persons Policies.--It is the sense of Congress that--
(1) <<NOTE: Deadline.>> beginning not later than 18 months
after the date of the enactment of this Act, the head of every
Federal agency should incorporate a module on human trafficking
into its staff training requirements and menu of topics to be
covered in the annual ethics training of such agency;
(2) such staff trainings should teach employees how to
prevent, identify, and report trafficking in persons;
(3) Federal agencies that already provide counter
trafficking-in-persons training for staff should share their
curricula with agencies that do not have such curricula;
(4) the head of each agency should inform all candidates for
employment about the anti-trafficking provisions in the Code of
Conduct of the agency;
(5) employees of each Federal agency should sign
acknowledgment of the agency's Code of Conduct, which should be
kept in the file of the employee; and
(6) a violation of the Code of Conduct should lead to
disciplinary action, up to and including termination of
employment.
(c) <<NOTE: President. Requirements.>> Policy for Executive Branch
Employees.--The President shall take such steps as may be necessary to
ensure that each officer and employee (including temporary employees,
persons stationed abroad while working for the United States, and
detailees from other agencies of the Federal Government) of an agency in
[[Page 136 STAT. 6218]]
the executive branch of the Federal Government is subject to a policy
with a minimum standard that contains--
(1) a prohibition from engaging in human trafficking while
employed by the Government in a full-time or part-time capacity;
(2) a requirement that all Federal personnel, without regard
to whether the person is stationed abroad, be sensitized to
human trafficking and the ethical conduct requirements that
prohibit the procurement of trafficking in persons;
(3) a requirement that all such personnel be equipped with
the necessary knowledge and tools to prevent, recognize, report,
and address human trafficking offenses through a training for
new personnel and through regular refresher courses offered
every 2 years; and
(4) a requirement that all such personnel report to the
applicable inspector general and agency trafficking in persons
point of contact any suspected cases of misconduct, waste,
fraud, or abuse relating to trafficking in persons.
(d) Timing.--The policy described in subsection (c)--
(1) shall be established or integrated into all applicable
employee codes of conduct not later than 18 months after the
date of the enactment of this Act;
(2) may not replace any preexisting code of conduct that
contains more robust requirements than the requirements
described in subsection (c); and
(3) shall be signed by all personnel described in subsection
(c) not later than 2 years after such date of enactment.
(e) <<NOTE: Public information.>> Reporting.--The Office of
Inspector General of a Federal department or agency, in consultation
with the head of such agency, shall submit an annual report to Congress,
which shall be publicly accessible, containing--
(1) the number of suspected violations reported;
(2) the number of investigations;
(3) the status and outcomes of such investigations; and
(4) <<NOTE: Recommenda- tions.>> any recommended actions to
improve the programs and operations of such agency.
SEC. 123. <<NOTE: Reports.>> GOVERNMENT ACCOUNTABILITY OFFICE
STUDY ON ACCESSIBILITY OF MENTAL HEALTH
SERVICES AND SUBSTANCE USE DISORDER
SERVICES.
Not later than 3 years after the date of the enactment of this Act,
the Comptroller General of the United States shall--
(1) conduct a study of the accessibility of mental health
services and substance use disorder treatment and recovery for
survivors of human trafficking in the United States of various
ages; and
(2) submit a report to Congress containing the findings of
such study and recommendations for increased accessibility and
affordability for survivors of trafficking.
SEC. 124. <<NOTE: 42 USC 1862w.>> NSF SUPPORT OF RESEARCH ON
IMPACTS OF SOCIAL MEDIA ON HUMAN
TRAFFICKING.
(a) Definitions.--In this section:
(1) Human trafficking.--The term ``human trafficking'' means
an act or practice described in section 103(11) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(11)).
(2) Social media platform.--The term ``social media
platform'' means a website or internet medium that--
[[Page 136 STAT. 6219]]
(A) permits a person to become a registered user,
establish an account, or create a profile for the
purpose of allowing users to create, share, and view
user-generated content through such an account or
profile;
(B) enables 1 or more users to generate content that
can be viewed by other users of the medium; and
(C) primarily serves as a medium for users to
interact with content generated by other users of the
medium.
(b) Support of Research.--The Director of the National Science
Foundation, in consultation with the Attorney General, the Secretary of
Homeland Security, and the Secretary of Health and Human Services, shall
support merit-reviewed and competitively awarded research on the impact
of online social media platforms on the maintenance or expansion of
human trafficking, which may include--
(1) fundamental research on digital forensic tools or other
technologies for verifying the authenticity of social media
platform users and their materials, that are utilized in the
promotion or operation of human trafficking networks;
(2) fundamental research on privacy preserving technical
tools that may aid law enforcement's ability to identify and
prosecute individuals or entities promoting or involved in human
trafficking;
(3) social and behavioral research related to social media
platform users who engage with those promoting or involved in
human trafficking;
(4) research on the effectiveness of expanding public
understanding, awareness, or law enforcement efforts in
combating human trafficking through social media platforms; and
(5) research awards coordinated with other Federal agencies
and programs, including the Information Integrity Research and
Development Interagency Working Group and the Privacy Research
and Development Interagency Working Group of the Networking and
Information Technology Research and Development Program, the
Office for Victims of Crime of the Department of Justice, the
Blue Campaign of the Department of Homeland Security, the Office
to Monitor and Combat Trafficking in Persons of the Department
of State, and activities of the Department of Transportation and
the Advisory Committee on Human Trafficking.
(c) Survivors.--To the extent possible, the Director of the National
Science Foundation shall ensure that research supported under subsection
(b) incorporates the experiences, input, and safety and privacy concerns
of human trafficking survivors.
(d) Reports.--
(1) Findings and recommendations.--Not later than 1 year
after the date of enactment of this Act, the Director of the
National Science Foundation shall report to the Committee on
Commerce, Science, and Transportation of the Senate, the
Subcommittee on Commerce, Justice, Science, and Related Agencies
of the Committee on Appropriations of the Senate, the Committee
on Science, Space, and Technology of the House of
Representatives, and the Subcommittee on Commerce, Justice,
Science, and Related Agencies of the Committee on Appropriations
of the House of Representatives--
(A) the Director's findings with respect to the
feasibility for research opportunities, including with
the private sector
[[Page 136 STAT. 6220]]
social media platform companies, to improve the ability
to combat human trafficking operations; and
(B) any recommendations of the Director that could
facilitate and improve communication and coordination
among the private sector, the National Science
Foundation, and relevant Federal agencies to improve the
ability to combat human trafficking operations through
social media.
(2) Results of research.--Not later than 4 years after the
date of enactment of this Act, the Director of the National
Science Foundation shall report to the Committee on Commerce,
Science, and Transportation of the Senate, the Subcommittee on
Commerce, Justice, Science, and Related Agencies of the
Committee on Appropriations of the Senate, the Committee on
Science, Space, and Technology of the House of Representatives,
and the Subcommittee on Commerce, Justice, Science, and Related
Agencies of the Committee on Appropriations of the House of
Representatives on the results of the research supported under
this section.
Subtitle C--Monitoring Child, Forced, and Slave Labor
SEC. 131. TRANSPARENCY IN ANTI-TRAFFICKING EXPENDITURES.
(a) <<NOTE: Deadlines. Public information. Web posting.>> In
General.--Not later than 90 days after the date of the enactment of this
Act, and not later than October 1 of each of the following 5 years, the
head of each Federal department or agency to which amounts are
appropriated for the purpose of awarding grants for anti-trafficking in
persons, and the head of each Federal department and agency contributing
to the annual congressional earmark for counter-trafficking in persons,
shall publish on the public website of the department or agency, with
respect to the prior fiscal year--
(1) each obligation or expenditure of Federal funds for the
purpose of combating human trafficking and forced labor; and
(2) subject to subsection (b), and with respect to each such
obligation or expenditure, the name of a primary recipient, and
any subgrantees, and their project location, activity, award
amounts, and award periods.
(b) <<NOTE: Determination.>> Exception for Security Concerns.--If
the head of a Federal department or agency determines that a primary
recipient or subgrantee for purposes of subsection (a) has a security
concern--
(1) the award recipients shall not be publicly identified
pursuant to subsection (a)(2); and
(2) only the activity, award amounts, and award periods
shall be publicly listed pursuant to such subsection.
SEC. 132. SENSE OF CONGRESS REGARDING UNITED STATES COMPANIES
ADOPTING COUNTER-TRAFFICKING-IN-PERSONS
POLICIES.
It is the sense of Congress that--
(1) <<NOTE: Deadline.>> companies headquartered or doing
business in the United States that are not small business
concerns (as defined in section 3 of the Small Business Act (15
U.S.C. 632)) should adopt a written policy not later than 18
months after the date of the enactment of this Act that--
[[Page 136 STAT. 6221]]
(A) prohibits trafficking in persons;
(B) is published annually; and
(C) is accessible in a prominent place on their
public website; and
(2) such policy should expressly prohibit the company, its
employees, or agents from--
(A) engaging in human trafficking;
(B) using forced labor for the development,
production, shipping, or sale of its goods or services;
(C) destroying, concealing, confiscating, or
otherwise denying access by an employee to the
employee's identity or immigration documents, such as
passports or drivers' licenses, regardless of issuing
authority;
(D) using misleading or fraudulent practices during
the recruitment of employees or offering of employment,
such as--
(i) failing to disclose, in a format and
language understood by the employee or potential
employee, basic information; or
(ii) making material misrepresentations during
the recruitment of employees regarding the key
terms and conditions of employment, including--
(I) wages and fringe benefits;
(II) the location of work;
(III) the living conditions;
(IV) housing and associated costs
(if employer- or agent-provided or
arranged);
(V) any significant costs to be
charged to the employee or potential
employee; and
(VI) the hazardous nature of the
work, if applicable;
(E) using recruiters that do not comply with local
labor laws of the country in which the recruiting takes
place;
(F) providing or arranging housing that fails to
meet the host country housing and safety standards; and
(G) failing to provide an employment contract,
recruitment agreement, or other required work document--
(i) in writing--
(I) in a language the employee
understands; or
(II) along with an independent
interpreter if the document cannot be
provided in a language the employee
understands;
(ii) <<NOTE: Deadline.>> not later than 5
days before the employee relocates, if relocation
is required to perform the work; and
(iii) that includes details about work
description, wages, work locations, living
accommodations and associated costs, time off,
round-trip transportation arrangements, grievance
processes, and the content of applicable laws and
regulations that prohibit trafficking in persons.
SEC. 133. AMENDMENTS TO THE CHILD ABUSE PREVENTION AND TREATMENT
ACT.
Section 111(b)(1) of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5106g(b)(1)) is amended by striking ``a victim of''
[[Page 136 STAT. 6222]]
and all that follows and inserting ``a victim of `child abuse and
neglect' and of `sexual abuse' if the child is identified, by a State or
local agency employee of the State or locality involved, as being a
victim of human trafficking.''.
SEC. 134. SENSE OF CONGRESS REGARDING TIMELY SUBMISSION OF
DEPARTMENT OF JUSTICE REPORTS.
It is the sense of Congress that--
(1) the Department of Justice has failed to meet its
reporting requirements under title IV of the Trafficking Victims
Protection Act of 2017 (34 U.S.C. 10101 et seq.); and
(2) progress on critical data collection about human
trafficking and crime reporting are in jeopardy as a result of
such failure and must be addressed immediately.
SEC. 135. SENSE OF CONGRESS ON CRITERIA FOR CLASSIFYING VICTIMS OF
CHILD SEX TRAFFICKING.
It is the sense of Congress that--
(1) all States (including the District of Columbia) and
territories should evaluate whether to eliminate the requirement
for third-party control to properly qualify a child as a victim
of sex trafficking, to--
(A) aid in the identification and prevention of
child sex trafficking;
(B) protect children; and
(C) appropriately prosecute perpetrators to the
fullest extent of the law; and
(2) a person is qualified as a victim of child sex
trafficking if the person is a victim, as a child, of human
trafficking.
SEC. 136. MISSING AND ABDUCTED FOSTER CHILDREN AND YOUTH.
It is the sense of Congress that--
(1) each State child welfare agency should--
(A) prioritize developing and implementing protocols
to comply with section 471(a)(35) of the Social Security
Act (42 U.S.C. 671(a)(35)), as amended by section 137;
and
(B) report the information the agency receives about
missing or abducted foster children and youth to the
National Center on Missing and Exploited Children and to
law enforcement authorities for inclusion in the Federal
Bureau of Investigation's National Crime Information
Center database, in accordance with section 471(a)(34)
of the Social Security Act (42 U.S.C. 671(a)(34));
(2) the reports described in paragraph (1)(B)--
(A) should be made immediately (and in no case later
than 24 hours) after the information is received; and
(B) were required to be provided to the Secretary of
Health and Human Services beginning on September 30,
2016; and
(3) according to section 471(a)(34) of such Act, each State
child welfare agency was required to submit annual reports to
the Secretary of Health and Human Services beginning on
September 30, 2017, to notify the Secretary of the total number
of children and youth who are victims of human trafficking.
[[Page 136 STAT. 6223]]
SEC. 137. MODIFICATION TO STATE PLAN FOR FOSTER CARE AND ADOPTION
ASSISTANCE.
(a) State Plan Amendment.--Section 471(a)(35)(B) of the Social
Security Act (42 U.S.C. 671(a)(35)(B)) is amended by striking the
semicolon at the end and inserting the following: ``(referred to in this
subparagraph as ``NCMEC''), and that the State agency shall maintain
regular communication with law enforcement agencies and NCMEC in efforts
to provide a safe recovery of a missing or abducted child or youth,
including by sharing information pertaining to the child's or youth's
recovery and circumstances related to the recovery, and that the State
report submitted to law enforcement agencies and NCMEC shall include
where reasonably possible--
``(i) a photo of the missing or abducted child
or youth;
``(ii) a description of the child's or youth's
physical features, such as height, weight, sex,
ethnicity, race, hair color, and eye color; and
``(iii) endangerment information, such as the
child's or youth's pregnancy status, prescription
medications, suicidal tendencies, vulnerability to
being sex trafficked, and other health or risk
factors;''.
(b) <<NOTE: 42 USC 671 note.>> Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by subsection (a) shall take effect on the date
of enactment of this Act.
(2) <<NOTE: Determination.>> Delay if state legislation
required.--In the case of a State plan under part E of title IV
of the Social Security Act which the Secretary of Health and
Human Services determines requires State legislation (other than
legislation appropriating funds) in order for the plan to meet
the additional requirements imposed by the amendment made by
subsection (a), the State plan shall not be regarded as failing
to comply with the requirements of such part solely on the basis
of the failure of the plan to meet such additional requirements
before the first day of the first calendar quarter beginning
after the close of the first regular session of the State
legislature that begins after the date of enactment of this Act.
For purposes of the previous sentence, in the case of a State
that has a 2-year legislative session, each year of the session
shall be deemed to be a separate regular session of the State
legislature.
TITLE II--AUTHORIZATION OF APPROPRIATIONS
SEC. 201. EXTENSION OF AUTHORIZATIONS UNDER THE VICTIMS OF
TRAFFICKING AND VIOLENCE PROTECTION ACT OF
2000.
Section 113 of the Victims of Trafficking and Violence Protection
Act of 2000 (22 U.S.C. 7110) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``To carry out the
purposes of sections 106(b) and 107(b),'' and inserting
``To carry out the purposes of sections 106(b) and
107(b) of this Act and section 429A of the Social
Security Act,''; and
[[Page 136 STAT. 6224]]
(B) in paragraph (2), by striking ``2018 through
2021'' and inserting ``2023 through 2028'';
(2) in subsection (d)(3), by striking ``$11,000,000 to the
Attorney General for each of the fiscal years 2018 through
2021'' and inserting ``$11,000,000 to the Attorney General for
each of the fiscal years 2023 through 2028'';
(3) in subsection (f), by striking ``2018 through 2021.''
and inserting ``2023 through 2028''; and
(4) in subsection (i)--
(A) by striking ``2018 through 2021'' and inserting
``2023 through 2028''; and
(B) by inserting ``of which $2,000,000 shall be made
available each fiscal year for the establishment of a
labor trafficking investigation team within the
Department of Homeland Security Center for Countering
Human Trafficking, and the remaining funds shall be
used'' after ``expended,''.
SEC. 202. <<NOTE: Appropriation authorization. Time period.>>
IMPROVING ENFORCEMENT OF SECTION 307 OF
THE TARIFF ACT OF 1930.
There is authorized to be appropriated $20,000,000, for each of
fiscal years 2023 through 2028, to the Commissioner of U.S. Customs and
Border Protection to strengthen the enforcement of section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307).
TITLE III--SEVERABILITY
SEC. 301. <<NOTE: 22 USC 7103b note.>> SEVERABILITY.
If any provision of this Act or amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this Act
and the amendments made by this Act, and the application of the
provision or amendment to any other person or circumstance, shall not be
affected.
Approved January 5, 2023.
LEGISLATIVE HISTORY--S. 3949:
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CONGRESSIONAL RECORD, Vol. 168 (2022):
Dec. 20, considered and passed Senate.
Dec. 22, considered and passed House.
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