US Codex
Pub. L.
Notes

Title I — Grants Relating to Human Trafficking Prevention and Assistance for Victims of Human Trafficking

117th Congress · Approved Jan 5, 2023 · 136 Stat. 6199

TITLE I Grants Relating to Human Trafficking Prevention and Assistance for Victims of Human Trafficking

SEC. 101. Grants for Specialized Human Trafficking Training and Technical Assistance for Service Providers.

(a)
In General.— Section 111(c)(1) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (34 U.S.C. 20708(c)(1)) is amended by inserting “ , which may include programs to build law enforcement capacity to identify and respond to human trafficking that are funded through the Office of Community Oriented Policing Services of the Department of Justice, such as the Interdiction for the Protection of Children Program” before the semicolon.
(b)
Conforming Amendment.— Section 107(c)(4)(A) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7105(c)(4)(A)) is amended by inserting “ in order to fulfill the purposes described in section 111 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (34 U.S.C. 20708)” before the period at the end.

SEC. 103. Ensuring Protection and Confidentiality for Survivors of Human Trafficking.

The Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.) is amended by adding at the end the following:

“SEC. 114. ENSURING PROTECTION AND CONFIDENTIALITY FOR SURVIVORS OF HUMAN TRAFFICKING.

“(a) Definitions.—In this section—

“(1) the term ‘covered grant’ means a grant from the Attorney General or the Secretary of Health and Human Services under section 106(b), 107(b), or 107(f); and

“(2) the term ‘covered recipient’ means a grantee or subgrantee receiving funds under a covered grant.

“(b) Grant Conditions.—Covered grants and covered recipients shall be subject, at the election of the Attorney General or the Secretary of Health and Human Services, as applicable, to—

“(1) the conditions under section 40002(b)(2) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(b)(2)) that apply with respect to grants under such Act and grantees and subgrantees for such grants; or

“(2) the conditions under section 306(c)(5) of the Family Violence Prevention and Services Act (42 U.S.C. 10406(c)(5)) that apply with respect to grants under such Act and grantees and subgrantees for such grants.

“(c) Department of Justice-sponsored Research.—Nothing in this section shall be construed to prohibit a covered recipient from sharing personally identifying information with researchers seeking the information for the purposes of conducting research—

“(1) that is funded by the Department of Justice;

“(2) for which protections are in place in accordance with the requirements under part 22 of title 28, Code of Federal Regulations, or any successor thereto, and section 812(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10231(a)); and

“(3) for which a current privacy certificate is on file documenting how the researchers intend to fulfill the obligations under such part 22.”

SEC. 104. Grants for State Improvements.

(a)
Enhancing the Ability of State, Local, and Tribal Child Welfare Agencies to Identify and Respond to Children Who Are, or Are at Risk of Being, Victims of Trafficking.—
(1)
In general.— Title II of the Trafficking Victims Protection Reauthorization Act of 2005 (34 U.S.C. 20701 et seq.) is amended by inserting after section 204 the following:

“SEC. 204A. ENHANCING THE ABILITY OF STATE, LOCAL, AND TRIBAL CHILD WELFARE AGENCIES TO IDENTIFY AND RESPOND TO CHILDREN WHO ARE, OR ARE AT RISK OF BEING, VICTIMS OF TRAFFICKING.

“(a) Grants To Enhance Child Welfare Services.—The Secretary of Health and Human Services may make grants to eligible States to develop, improve, or expand programs that assist State, local, or Tribal child welfare agencies with identifying and responding to—

“(1) children considered victims of ‘child abuse and neglect’ and of ‘sexual abuse’ under the application of section 111(b)(1) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106g(b)(1)) because of being identified as being a victim or at risk of being a victim of a severe form of trafficking in persons; and

“(2) children over whom such agencies have responsibility for placement, care, or supervision and for whom there is reasonable cause to believe are, or are at risk of being a victim of 1 or more severe forms of trafficking in persons.

“(b) Definitions.—In this section:

“(1) Child.—The term ‘child’ means an individual who has not attained 18 years of age or such older age as the State has elected under section 475(8) of the Social Security Act (42 U.S.C. 675(8)). At the option of an eligible State, such term may include an individual who has not attained 26 years of age.

“(2) Eligible state.—The term ‘eligible State’ means a State that has not received more than 3 grants under this section and meets 1 or more of the following criteria:

“(A) Elimination of third party control requirement.—The State has eliminated or will eliminate any requirement relating to identification of a controlling third party who causes a child to engage in a commercial sex act in order for the child to be considered a victim of trafficking or a victim of 1 or more severe forms of trafficking in persons for purposes of accessing child welfare services and care.

“(B) Application of standard for human trafficking.—The State considers a child to be a victim of trafficking if the individual is a victim of a severe form of trafficking in persons, as described in subparagraph (A) of section 103(11) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(11)).

“(C) Development and implementation of state child welfare plan protocols.—The State agency responsible for administering the State plan for foster care and adoption assistance under part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.) has developed and is implementing or will develop and implement protocols that meet the following reporting requirements:

“(i) The requirement to report immediately, and in no case later than 24 hours after receiving, information on children who have been identified as being a victim of a severe form of trafficking in persons to law enforcement authorities under paragraph (34)(A) of section 471(a) of the Social Security Act (42 U.S.C. 671(a)).

“(ii) The requirement to report immediately, and in no case later than 24 hours after receiving, information on missing or abducted children to law enforcement authorities, including children classified as ‘runaways’, for entry into the National Crime Information Center (NCIC) database of the Federal Bureau of Investigation, and to the National Center for Missing and Exploited Children, under paragraph (35)(B) of such section.

“(iii) The requirement to report to the Secretary of Health and Human Services the total number of children who are victims of child human trafficking under paragraph (34)(B) of such section.

“(D) Trafficking-specific protocol.—The State has developed and implemented or will develop and implement a specialized protocol for responding to a child who is, or is at risk of being, a trafficking victim to ensure the response focuses on the child’s specific safety needs as a victim of trafficking, and that includes the development and use of an alternative mechanism for investigating and responding to cases of child human trafficking in which the alleged offender is not the child’s parent or caregiver without utilizing existing processes for investigating and responding to other forms of child abuse or neglect that require the filing of an abuse or neglect petition.

“(3) Indian tribe; tribal organization.—The term ‘Indian tribe’ and ‘tribal organization’ have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

“(4) State.—The term ‘State’ means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. Such term includes an Indian tribe, tribal organization, or tribal consortium with a plan approved under section 479B of the Social Security Act (42 U.S.C. 679c), or which is receiving funding to provide foster care under part E of title IV of such Act pursuant to a cooperative agreement or contract with a State.”

(2)
Conforming amendment.— The table of contents for the Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109–164; 22 U.S.C. 7101 note) is amended by inserting after the item relating to section 204 the following:

“204A. Enhancing the ability of State, local, and Tribal child welfare agencies to identify and respond to children who are, or are at risk of being, victims of trafficking.”.

(b)
Funding.— Section 113(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110(b)) is amended by adding at the end the following:

“(3) Grants for state improvements.—To carry out the purposes of section 204A of the Trafficking Victims Protection Reauthorization Act of 2005, there are authorized to be appropriated $4,000,000 to the Secretary of Health and Human Services for each of fiscal years 2022 through 2027.”

(c)
Sense of Congress Regarding Health Care Professionals and Trafficking Prevention.— It is the sense of Congress that health care and social service licensing boards and professional membership associations should facilitate access to trafficking-specific training guided by the Department of Health and Human Service’s Core Competencies for Human Trafficking Response in Health Care and Behavioral Health Systems on—
(1)
the scope and signs of human trafficking and child sexual abuse that present in the applicable health care, behavioral health, or social services settings;
(2)
how to interact with potential victims of trafficking (as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)) and with survivors of human trafficking, using an age-appropriate, gender-responsive, culturally and linguistically appropriate, and trauma-informed approach; and
(3)
the manner in which to respond to victims and potential victims of trafficking or child sexual exploitation and abuse.

SEC. 105. Additional Reauthorization.

(a)
Airport Personnel Training To Identify and Report Human Trafficking Victims.— Section 303 of the Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2018 (Public Law 115–425; 132 Stat. 5488) is amended by striking “ 2018 through 2021” and inserting “ 2022 through 2027”.
(b)
Hero Corps Hiring.— Section 890A(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 473(g)(2)) is amended by striking “ 2019 through 2022” and inserting “ 2022 through 2027”.
(c)
Reauthorizing the Special Assessment and Ensuring Full Funding for the Domestic Trafficking Victims’ Fund.— Section 3014 of title 18, United States Code, is amended—
(1)
in subsection (a), in the matter preceding paragraph (1), by striking “ and ending on December 16, 2022”; and
(2)
in subsection (e)(1)—
(A)
in the matter preceding subparagraph (A), by striking “ 2023” and inserting “ 2027”;
(B)
in subparagraph (A), by striking “ (42 U.S.C. 14044c)” and inserting “ (34 U.S.C. 20705)”;
(C)
in subparagraph (C), by striking “ (42 U.S.C. 13002(b))” and inserting “ (34 U.S.C. 20304)”; and
(D)
in subparagraph (D), by striking “ (42 U.S.C. 17616)” and inserting “ (34 U.S.C. 21116)”.
(d)
Extension of Anti-Trafficking Grant Programs.— The Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.) is amended—
(1)
in section 112A(b)(4) (22 U.S.C. 7109a(b)(4)), by striking “ 2018 through 2021” and inserting “ 2022 through 2027”;
(2)
in section 112B(d) (22 U.S.C. 7109b(d)) is amended by striking “ 2008 through 2011” and inserting “ 2022 through 2027”; and
(3)
in section 113 (22 U.S.C. 7110)—
(A)
in subsection (b)(2), by striking “ 2018 through 2021” and inserting “ 2022 through 2027”;
(B)
in subsection (d)(3), by striking “ 2018 through 2021” and inserting “ 2022 through 2027”; and
(C)
in subsection (e)(3), by striking “ 2008 through 2011” and inserting “ 2022 through 2027”.
(e)
Grants for Rape, Abuse & Incest National Network.— Section 628(d) of the Adam Walsh Child Protection and Safety Act of 2006 (34 U.S.C. 20985(d)) is amended by striking “ fiscal years 2007 through 2010” and inserting “ fiscal years 2022 through 2027”.

SEC. 106. Redesignations.

(a)
Grants for Specialized Human Trafficking Training and Technical Assistance for Service Providers.— Section 111 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (34 U.S.C. 20708) is redesignated as section 208 of the Trafficking Victims Protection Reauthorization Act of 2005 and transferred so as to appear after section 207 of the Trafficking Victims Protection Reauthorization Act of 2005.
(b)
Additional Provisions.—
(1)
Justice for victims of trafficking act of 2015.— Sections 114, 119, and 606 of the Justice for Victims of Trafficking Act of 2015 (34 U.S.C. 20709, 20710, 20711) are redesignated as sections 209, 210, and 211, respectively, of the Trafficking Victims Protection Reauthorization Act of 2005 and transferred so as to appear after section 208 of the Trafficking Victims Protection Reauthorization Act of 2005, as so redesignated and transferred by subsection (a) of this section.
(2)
Abolish human trafficking act of 2017.— Section 7 of the Abolish Human Trafficking Act of 2017 (34 U.S.C. 20709a) is redesignated as section 212 of the Trafficking Victims Protection Reauthorization Act of 2005 and transferred so as to appear after section 211 of the Trafficking Victims Protection Reauthorization Act of 2005, as so redesignated and transferred by paragraph (1) of this subsection.
(3)
Trafficking victims protection act of 2017.— Sections 501 and 504 of the Trafficking Victims Protection Act of 2017 (34 U.S.C. 20709b, 20709c) are redesignated as sections 213 and 214, respectively, of the Trafficking Victims Protection Reauthorization Act of 2005 and transferred so as to appear after section 212 of the Trafficking Victims Protection Reauthorization Act of 2005, as so redesignated and transferred by paragraph (2) of this subsection.