H.R. 6552 — what changed
Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2022
From Introduced in House to Engrossed in House. 6 sections amended, 2 added, and 4 removed between Introduced in House and Engrossed in House.
Sec. 101 Modifications to grants to assist in the recognition of trafficking
“(D) Priority—In awarding Frederick Douglass Human Trafficking Prevention Education Grants under this paragraph, the Secretary shall—
“(i) give priority to local educational agencies serving a high-intensity child sex trafficking area or an area with significant child labor trafficking;
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“(ii) give additional priority to local educational agencies that partner with non-profit organizations specializing in human trafficking prevention education, which partner with law enforcement, enforcement and technology or social media companies, to assist in training efforts to protect children from labor trafficking and sexual exploitation and abuse including grooming, materials depicting the sexual abuse of children, and human trafficking transmitted through technology; and
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“(iii) consult, as appropriate, with the Secretary of Education, the Secretary of Housing and Urban Development, the Secretary of the Interior, the Secretary of Labor, and the Attorney General, to identify the geographic areas in the United States with the highest prevalence of underserved or at-risk populations, populations for child trafficking, including children who are members of a racial or ethnic minority, homeless youth, foster youth, youth involved in the child welfare system, and children and youth who run away from home or an out-of-home placement.”
“(E) Criteria for selection—Grantees should be selected based on their demonstrated ability to—
“(i) engage stakeholders, including survivors of human trafficking, and Federal, State, local, or Tribal partners, to develop the programs;
“(ii) train the trainers, guardians, K–12 students, teachers, and other school personnel in a linguistically accessible, culturally responsive, age-appropriate, and trauma-informed fashion; and
“(iii) create a scalable, repeatable program to prevent child labor trafficking and sexual exploitation and abuse including grooming, child sexual abuse materials, and trafficking transmitted through technology that—
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“(I) uses proven evidence-based (as such term is defined in section 8101(21)(A) of the Elementary and tested Secondary Education Act of 1965 (20 U.S.C. 7801(21)(A))) best practices by university researchers; practices; and
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“(II) employs appropriate technological tools and methodologies, including linguistically accessible, culturally responsive, age-appropriate, and trauma-informed approaches and measurement and training curricula adapted for trainers, guardians, educators, and K–12 students.
“(F) Train the trainers—For purposes of subparagraph (E), the term train the trainers means having experienced or master trainers coach new trainers who are less experienced with a particular topic or skill, or with training overall, who can then teach the material to others, creating a broader reach, sustainability, and making efforts cost- and time-efficient (commonly referred to as “training of trainers”).
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“(G) Data collection—The Secretary shall consult with the Secretary of Education Education, the Secretary of Housing and Urban Development, and the Secretary of the Interior to determine the appropriate demographics of the recipients or of students at risk of being trafficked or exploited, to be collected and reported with respect to grants under this paragraph.paragraph, which shall include data collection of, at a minimum, students who are economically disadvantaged, members of a racial or ethnic minority, homeless youth, foster youth, youth involved in the child welfare system, and children and youth who run away from home or an out-of-home placement.
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“(H) Report—Not later than 540 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Health and Human Services shall submit to the Committees on Education and Labor, Energy and Commerce, and the Judiciary of the House of Representatives and the Committees on the Judiciary and Health, Education, Labor, and Pensions of the Senate and make available to the public a report report, including data on the following:
“(i) The total number of entities that received a Frederick Douglass Human Trafficking Prevention Education Grant over the past year.
“(ii) The total number of partnerships or consultants that included survivors, non-profit organizations specialized in human trafficking prevention education, law enforcement, and technology or social media companies.
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“(iii) The total number of elementary and secondary schools that established and implemented proper protocols evidence-based (as such term is defined in section 8101(21)(A) of the Elementary and procedures Secondary Education Act of 1965 (20 U.S.C. 7801(21)(A))) best practices through programs developed using such grants.
“(iv) The total number and geographic distribution of trainers, guardians, students, teachers, and other school personnel trained using such grants pursuant to this paragraph.
“(v) The results of pre-training and post-training surveys to gauge trainees’ increased understanding of the scope and signs of child trafficking and child sexual exploitation and abuse; how to interact with potential victims and survivors of child trafficking and child sexual exploitation and abuse using age-appropriate and trauma-informed approach; and the manner in which to respond to potential child trafficking and child sexual exploitation and abuse.
“(vi) The number of potential victims and survivors of child trafficking and child sexual exploitation and abuse identified and served by grantees, excluding any individually identifiable information about such children and acting in full compliance with all applicable privacy laws and regulations.
“(vii) The number of students in elementary or secondary school identified by grantees as being at risk of being trafficked or sexually exploited and abused, excluding any individually identifiable information about such children.
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“(viii) The demographic characteristics of child trafficking survivors and victims, sexually exploited and abused children, and students at risk of being trafficked or sexually exploited and abused described in clauses (vi) and (vii), excluding any individually identifiable information about such children and in accordance with the standards set forth by the Department of Education National Center for Education Statistics with respect to at-risk students.children.
“(ix) Any service gaps and best practices identified by grantees.”
Sec. 102 Human trafficking survivors employment and education program
Sec. 121 Priority for accommodation in places with policies relating to severe forms of human trafficking
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“5712. Priority for accommodation in places with certain policies relating to severe forms of human trafficking
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“(a) In general—For the purpose of making payments under this chapter for lodging expenses, each agency shall ensure that, to the greatest extent practicable, commercial-lodging room nights in the United States for employees of that agency are booked in a preferred place of accommodation.
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“(b) Eligibility as a preferred place of accommodation—To be considered a preferred place of accommodation for the purposes of this section, a hotel or motel shall—
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“(1) enforce a zero-tolerance policy regarding severe forms of trafficking in persons (as defined in section 103(11) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(11))) made available by the Administrator of General Services under subsection (c)(1), or a similar zero-tolerance policy developed by the place of accommodation, demonstrated by—
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“(A) posting such policy in a nonpublic space within the place of accommodation that is accessible by all employees; or
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“(B) including such policy in the employee handbook;
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“(2) have procedures in place, not later than 180 days after the date of the enactment of this section, for employees to identify and report any such exploitation according to protocol identified in the employee training based on training materials developed under subsection (c)(3) to the appropriate law enforcement authorities, management of the preferred accommodation, or the National Human Trafficking Hotline;
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“(3) post the informational materials made available under subsection (c)(3) in an appropriate nonpublic space within the place of accommodation that is accessible by all employees;
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“(4) review and update, as necessary, the zero-tolerance policy, procedures, and informational materials at least every two years prior to the due date for self-certifications;
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“(5) require each employee who is physically located at the place of accommodation and who is likely to interact with guests, including security, front desk, housekeeping, room service, and bell staff, to complete the training developed under subsection (c)(2), or a training developed pursuant to subsection (d), that shall—
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“(A) take place not later than 90 days after the starting date of the new employee, or in the case of an employee hired before the effective date of this section, not later than 90 days after the date of enactment of this section;
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“(B) include refresher trainings every two years; and
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“(C) include training on the identification of possible cases of sexual exploitation of children and procedures to report suspected abuse to the appropriate authorities;
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“(6) include a notice to all independent contractors in any agreement affecting a property in the United States negotiated or renewed on or after the date of enactment of this section that states the following: “Federal law prohibits the trafficking of humans under the Trafficking Victims Protection Act (22 U.S.C. 7101 et seq.).”; and
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“(7) ensure that the place of accommodation does not retaliate against employees for reporting suspected cases of such exploitation if reported according to protocol identified in the employee training.
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“(c) GSA requirements—The Administrator of General Services shall—
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“(1) make available on the website of the General Services Administration, an up-to-date model zero tolerance policy for places of accommodation regarding severe forms of trafficking in persons (as defined in section 103(11) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. (11))), including informational materials regarding such policy to be posted in places of accommodation in nonpublic spaces;
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“(2) make available on the website of the General Services Administration an up-to-date list of Department of Homeland Security, Department of Justice, and Department of State and privately produced training programs that address the identification of severe forms of human trafficking and reporting to law enforcement authorities or the National Human Trafficking Hotline;
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“(3) in coordination with the Secretary of Homeland Security’s Blue Campaign, make available up-to-date training materials on preventing severe forms of human trafficking and informational materials to be posted in nonpublic spaces in places of accommodation on spotting the signs of severe forms of human trafficking and reporting possible incidences of such exploitation, except that the Administrator shall permit the use of substantially similar training materials or informational materials required by State or local law on identifying the signs of human trafficking and reporting possible incidences of such exploitation in lieu of materials developed under this paragraph; and
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“(4) maintain a list of each preferred place of accommodation that meets the requirements of subsection (b), beginning by examining places of accommodation that are—
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“(A) participating in government lodging programs such as FedRooms (or successor system);
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“(B) included on the FEMA Fire Safe List; or
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“(C) otherwise known to have received government travel business in the 2 years prior to enactment of this section.
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“(d) Training programs—A place of accommodation or lodging company may use a training program developed or acquired by such place of accommodation or company to satisfy the requirements of subsection (b)(4) if such training program—
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“(1) focuses on identifying and reporting suspected cases of severe forms of human trafficking; and
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“(2) was developed in consultation with State governments, survivor leaders, survivor-led anti-trafficking organization, or a nationally recognized organization with expertise in anti-trafficking initiatives.
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“(e) Previously trained employees
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“(1) Training prior to effective date—Any employee of a place of accommodation who has been trained to identify and report potential cases of severe forms of human trafficking during the 2-year period ending on the date of the enactment of this section shall be considered to have met the training requirement in subsection (b)(4) with respect to any employment at that place of accommodation or at any other place of accommodation managed by the same entity.
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“(2) Training prior to a transfer of employment—Any employee of a place of accommodation who has met the training requirements under subsection (b)(4) shall be considered to have met such requirements with respect to any employment at a place of accommodation managed by the same entity if such training occurred during the 2-year period ending on the date of the enactment of this section.
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“(f) Property-by-Property Implementation
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“(1) In general—Each preferred place of accommodation shall self-certify (in writing) to the Administrator of General Services that such place is in compliance with the requirements of this section. Such self-certification shall occur every 2 years beginning on the date of the enactment of this section. The Administrator shall—
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“(A) provide notice to each place of accommodation regarding any self-certification required under this subsection not later than the date that is 90 days before the due date of such self-certification; and
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“(B) report to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, not later than 2 years after the date of the enactment of this section and every two years thereafter—
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“(i) each preferred places of accommodation that submitted and did not submit their self-certifications in the preceding 2 years; and
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“(ii) the corresponding total numbers of nights the government paid for Federal employees in self-certified preferred places of accommodation compared to preferred places of accommodation that did not report self-certification to the Administrator of General Services.
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“(2) Group certification—A person or entity that manages or franchises multiple places of accommodation may provide a single notice with respect to self-certification under subsection (a) that each such place is in compliance with this section.
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“(g) Statutory construction—No provision in this section that applies to an employee of a place of accommodation shall be construed to apply to an individual who is an independent contractor or otherwise not directly employed by a place of accommodation, unless the contract is for housekeeping, security, front desk, room service, or bell staff, in which case it shall be the responsibility of the service provider to ensure compliance with the requirements set forth in this section.
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“(h) Regulations required—The Administrator of General Services shall issue such regulations as are necessary to carry out this section.”
Sec. 131 Amendments to Social Security Act
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“(i) a photo of the missing child;
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“(ii) physical features, such as height, weight, sex, ethnicity, race, hair color, and eye color; and
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“(iii) endangerment information, such as pregnancy status, prescription medications, suicidal tendencies, vulnerability to being sex trafficked, and other health or risk factors.”
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“(9) The term sex or labor trafficking victim has the meaning given the term victim of a severe form of trafficking in persons under section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).”
Sec. 132 Sense of Congress on submission of Department of Justice reports on time
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It is the sense of Congress that the Department of Justice has failed to meet reporting requirements under title IV of the Trafficking Victims Protection Act of 2017 (22 U.S.C. 7103(d)(7)) and that progress on critical data collection on human trafficking reporting are in jeopardy as a result of such failure and must be addressed immediately.
Sec. 133 Sense of Congress on requiring child welfare agencies to report information on missing and abducted foster children and youth
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It is the sense of Congress that—
Sec. 111 Sense of Congress on submission of Department of Justice reports on time
addedadded It is the sense of Congress that the Department of Justice has failed to meet reporting requirements under title IV of the Trafficking Victims Protection Act of 2017 (Public Law 115–393; 132 Stat. 5273)) and that progress on critical data collection on human trafficking and crime reporting are in jeopardy as a result of such failure and must be addressed immediately.
Sec. 112 Sense of Congress on requiring child welfare agencies to report information on missing and abducted foster children and youth
addedadded It is the sense of Congress that—
Sec. 201 Modifications to program to end modern slavery grants
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“(E) Bi-annual information sharing—Not later than 1 year after the date of the enactment of this Act, and each October 1 and April 1 thereafter, the Center shall obtain from each country participating in the visa waiver program a list of covered sex offenders who are citizens or nationals of such countries. Such information shall be obtained to the extent feasible with respect to both convicted and registered sex offenders. The Center may reciprocate, as appropriate, with such information relating to covered sex offenders who are citizens or nationals of the United States.”
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“(3) Clarification with respect to continuing registration—A person may not be issued or reissued a passport without a unique identifier solely because the person has moved or otherwise resides outside the United States.”
Sec. 202 Amendments to tier standards
added “(A) Submission of list—Not later than the date on which the determinations described in subsections (c) and (d) are submitted to the appropriate congressional committees in accordance with such subsections, the Secretary of State shall submit to the appropriate congressional committees a list of countries that the Secretary determines requires special scrutiny during the following year. The list shall be composed of countries that have been listed pursuant to paragraph (1)(B) pursuant to the current annual report because—
added “(i) the estimated number of victims of severe forms of trafficking is very significant or is significantly increasing and the country is not taking proportional concrete actions; or
added “(ii) there is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year, including increased investigations, prosecutions and convictions of trafficking crimes, increased assistance to victims, and decreasing evidence of complicity in severe forms of trafficking by government officials.”
Sec. 203 Expanding prevention efforts at the United States Agency for International Development
added In order to increase the prevention efforts by the United States abroad, the Administrator of the United States Agency for International Development shall encourage integration of activities to counter trafficking in persons (C–TIP) into broader assistance programming. The Administrator shall—
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“(A) Submission of list—Not later than the date on which the determinations described in subsections (c) and (d) are submitted to the appropriate congressional committees in accordance with such subsections, the Secretary of State shall submit to the appropriate congressional committees a list of countries that the Secretary determines requires special scrutiny during the following year. The list shall be composed of countries that have been listed pursuant to paragraph (1)(B) pursuant to the current annual report because—
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“(i) the estimated number of victims of severe forms of trafficking is very significant or is significantly increasing and the country is not taking proportional concrete actions; or
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“(ii) there is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year, including increased investigations, prosecutions and convictions of trafficking crimes, increased assistance to victims, and decreasing evidence of complicity in severe forms of trafficking by government officials.”
Sec. 204 Sense of Congress on human trafficking crisis in Ukraine
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In order to increase the prevention efforts by the United States abroad, It is the Administrator sense of Congress that Russia’s aggression in Ukraine targeting civilians and non-military infrastructure has led to millions to flee their homes—90 percent of them being women and children according to the United States Agency Nations High Commissioner for International Development shall encourage integration of activities to counter Refugees—creating a humanitarian and human trafficking crisis, as Russian President Putin continues to wage the largest and most lethal war in persons (C–TIP) into broader assistance programming. The Administrator shall—Europe since World War II.