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This is not the latest text of this bill. Read the latest text.G:\M\18\SUSPENSION\H5856_SUS.XML XXXXXXXXXXXXXX XXXXXXXXXXX 12/5/2023 14:31 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXX XXXXXXXXXXX 913301|2 [Discussion Draft] Suspend the Rules and Pass the Bill, H.R. 5856, With an Amendment (The amendment strikes all after the enacting clause and inserts a new text) XXXXXX (Original Signature of Member) [DISCUSSION DRAFT]
IN THE HOUSE OF REPRESENTATIVES
September 29, 2023
Mr. Smith of New Jersey (for himself, Mr. McCaul , Ms. Wild , Mrs. Wagner , Ms. Manning , Ms. Salazar , Mr. Cuellar , Mr. Wilson of South Carolina , Mrs. Radewagen , and Mr. Burgess ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Education and the Workforce , and the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To reauthorize the Trafficking Victims Protection Act of 2000, and for other purposes.
This Act may be cited as the Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2023 .
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 Victims and Persons Vulnerable to Human Trafficking
Sec. 101. Modifications to grants to assist in the recognition of trafficking.
Sec. 102. Human Trafficking Survivors Employment and Education Program.
Title II—Fighting Human Trafficking Abroad
Sec. 201. Modifications to program to end modern slavery grants.
Sec. 202. Amendments to tier standards.
Sec. 203. Expanding prevention efforts at the United States Agency for International Development.
Sec. 204. Counter-trafficking in persons efforts in development cooperation and assistance policy.
Sec. 205. Clarification of nonhumanitarian, nontrade-related foreign assistance.
Sec. 206. Trafficking for the purposes of organ harvesting.
Sec. 207. Elimination of duplicative reporting.
Title III—Authorization of Appropriations
Sec. 301. Extension of authorizations under the Victims of Trafficking and Violence Protection Act of 2000.
Sec. 302. Extension of authorizations under the International Megan’s Law.
Combating Trafficking in Persons in the United States
Programs To Support Victims and Persons Vulnerable to Human Trafficking
Modifications to grants to assist in the recognition of trafficking
Amendments to authorities to prevent trafficking
Section 106(b)(2) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7104(b)) is amended—
in the heading, by striking Grants to assist in the recognition of trafficking and inserting Frederick Douglass Human Trafficking Prevention Education Grants ;
in subparagraph (B)—
in the matter preceding clause (i), by inserting under a program named Frederick Douglass Human Trafficking Prevention Education Grants after may award grants ; and
in clause (ii), by inserting , linguistically accessible, and culturally responsive after age-appropriate ;
in the heading of subparagraph (C), by inserting for frederick douglass human trafficking prevention education grants after program requirements ;
by amending subparagraph (D) to read as follows:
In awarding Frederick Douglass Human Trafficking Prevention Education Grants under this paragraph, the Secretary shall—
give priority to local educational agencies serving a high-intensity child sex trafficking area or an area with significant child labor trafficking;
give additional priority to local educational agencies that partner with non-profit organizations specializing in human trafficking prevention education, which partner with law 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
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 at-risk 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.
by adding at the end the following:
Criteria for selection
Grantees should be selected based on their demonstrated ability to—
engage stakeholders, including survivors of human trafficking, and Federal, State, local, or Tribal partners, to develop the programs;
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
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—
uses evidence-based (as such term is defined in section 8101(21)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(21)(A))) best practices; and
employs appropriate technological tools and methodologies, including linguistically accessible, culturally responsive, age-appropriate, and trauma-informed approaches for trainers, guardians, educators, and K–12 students.
Train the trainers
For purposes of subparagraph (E), the term 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 ).
The Secretary shall consult with the Secretary of 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, 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.
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, including data on the following:
The total number of entities that received a Frederick Douglass Human Trafficking Prevention Education Grant over the past year.
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.
The total number of elementary and secondary schools that established and implemented evidence-based (as such term is defined in section 8101(21)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(21)(A))) best practices through programs developed using such grants.
The total number and geographic distribution of trainers, guardians, students, teachers, and other school personnel trained using such grants pursuant to this paragraph.
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.
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.
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.
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.
Any service gaps and best practices identified by grantees.
Human Trafficking Survivors Employment and Education Program
The Secretary of Health and Human Services may carry out a Human Trafficking Survivors Employment and Education Program to prevent the re-exploitation of eligible individuals who have been victims of trafficking, by assisting such individuals to integrate or reintegrate into society through social services support for the attainment of life-skills, employment, and education necessary to achieve self-sufficiency.
Services offered, provided, and funded by the Program shall include (as relevant to the victim of trafficking)—
enrollment and participation in—
basic education, including literacy education and English as a second language education;
job-related skills training;
vocational and certificate programs; and
programs for attaining a regular high school diploma or its recognized equivalent;
life-skill training programs, including management of personal finances, self-care, and parenting classes;
résumé creation and review;
interview coaching and counseling;
assistance with expungement of criminal records when such records are for nonviolent crimes that were committed as a consequence of the eligible individual’s victimization, including assistance with credit repair;
assistance with enrollment in college or technical school;
scholarship assistance for attending college or technical school;
professional coaching or professional development classes;
case management to develop an individualized plan with each victim of trafficking, based on each person’s needs and goals; and
assistance with obtaining victim compensation, direct victim assistance, or other funds for mental health care.
Eligible individuals may receive services through the Program for a cumulative period of 5 years.
Subject to the availability of appropriations, the Secretary shall enter into cooperative agreements with one or more eligible organizations to carry out this section.
In this section:
The term means a domestic or foreign victim of trafficking who—
has attained the age of 18 years; and
is eligible to receive services under section 107(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)).
The eligible organization may include a nongovernmental organization and means a service provider that meets the following criteria:
Experience in using national or local anti-trafficking networks to serve victims of trafficking.
Experience qualifying, providing, and coordinating services for victims of trafficking, as described in subsection (b), that is linguistically accessible, culturally responsive, age-appropriate, and trauma-informed.
With respect to a service provider for victims of trafficking served by the Program who are not United States citizens, a provider that has experience in identifying and assisting foreign-born victims of trafficking, including helping them qualify for Continued Presence, T–Visas, and other Federal, State, and local services and funding.
With respect to a service provider for victims of trafficking served by the Program who are United States citizens and legal permanent residents, a provider that has experience identifying and assisting victims of trafficking, as such term is defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102), especially youth and underserved populations.
The term means the Human Trafficking Survivors Employment and Education Program established under this section.
The term means the Secretary of Health and Human Services.
Fighting Human Trafficking Abroad
Modifications to program to end modern slavery grants
Section 1298 of the National Defense Authorization Act of 2017 (22 U.S.C. 7114) is amended as follows:
In subsection (g)(2), by striking 2020 and inserting 2028 .
In subsection (h)(1), by striking Not later than September 30, 2018, and September 30, 2020 and inserting Not later than September 30, 2024, and September 30, 2028 .
All grants awarded under the authority provided by section 1298 of the National Defense Authorization Act of 2017, as amended by subsection (a), shall be awarded on a competitive basis.
Amendments to tier standards
Modifications to tier 2 watch list
Subsection (b)(2) of section 110 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107) is amended—
in the heading, by striking special and inserting tier 2 ; and
by amending subparagraph (A) to read as follows:
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 require 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—
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
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.
Modification to special rule for downgraded and reinstated countries
Subsection (b)(2)(F) of such section 110 (22 U.S.C. 7107) is amended—
in the matter preceding clause (i), by striking the special watch list and all that follows through the country— and inserting the Tier 2 watch list described in subparagraph (A) for more than 2 years immediately after the country consecutively— ;
in clause (i), in the matter preceding subclause (I), by striking the special watch list described in subparagraph (A)(iii) and inserting the Tier 2 watch list described in subparagraph (A) ; and
in clause (ii), by inserting in the year following such waiver under subparagraph (D)(ii) before the period at the end.
Subsection (b) of such section 110 (22 U.S.C. 7107) is amended as follows:
In paragraph (2), as amended by subsection (a)—
in subparagraph (B), by striking special watch list and inserting Tier 2 watch list ;
in subparagraph (C), by striking special watch list and inserting Tier 2 watch list ; and
in subparagraph (D)—
in the heading, by striking special watch list and inserting tier 2 watch list ; and
in clause (i), by striking special watch list and inserting Tier 2 watch list .
In paragraph (3)(B), in the matter preceding clause (i), by striking clauses (i), (ii), and (iii) of .
in subparagraph (A), in the matter preceding clause (i), by striking each country described in paragraph (2)(A)(ii) and inserting each country described in paragraph (2)(A) ; and
in subparagraph (D)(ii), by striking the Special Watch List under paragraph (2) and inserting the Tier 2 watch list under paragraph (2) .
Expanding prevention efforts at the United States Agency for International Development
In order to increase the prevention efforts by the United States abroad, the Administrator of the United States Agency for International Development (USAID) shall encourage incorporation of activities to counter trafficking in persons (C–TIP) into broader assistance programming. The Administrator shall—
determine a reasonable definition for the term , which shall at a minimum include any programming to address economic development, education, democracy and governance, food security, and humanitarian assistance that the Administrator determines includes a sufficient counter-trafficking in persons element incorporated in the program design or delivery;
encourage that any program design or delivery that may directly serve victims of trafficking in persons is age-appropriate, linguistically accessible, culturally responsive, and survivor- and trauma-informed, and provides opportunities for anonymous and voluntary feedback from the beneficiaries receiving such services;
encourage that each USAID mission incorporates a counter-trafficking in persons perspective and specific approaches into development programs, project design, and methods for program monitoring and evaluation, when addressing a range of development issues, including—
democracy and governance;
food security; and
implement robust training and disseminate tools around the incorporation of a counter-trafficking perspective and awareness in the day-to-day work of development professionals; and
encourage subsequent Country Development Cooperation Strategies include a counter-trafficking in persons analytic component to guide future project design and promote the inclusion of counter-trafficking elements in project design, implementation, monitoring, and evaluation required for Tier 2 Watch List and Tier 3 countries (as such terms are defined for purposes of section 110 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107), as amended).
Counter-trafficking in persons efforts in development cooperation and assistance policy
The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended—
in section 102(b)(4) (22 U.S.C. 2151–1(b)(4))—
in subparagraph (F), by striking and at the end;
in subparagraph (G), by striking the period at the end and inserting ; and ; and
by adding at the end the following:
effective counter-trafficking in persons policies and programs.
in section 492(d)(1) (22 U.S.C. 2292a(d)(1))—
by striking the period at the end and inserting ; and ;
by striking that the funds and inserting the following:—
by adding at the end the following:
in carrying out the provisions of this chapter, the President shall, to the greatest extent possible—
ensure that assistance made available under this section does not create or contribute to conditions that can be reasonably expected to result in an increase in trafficking in persons who are in conditions of heightened vulnerability as a result of natural and manmade disasters; and
integrate appropriate protections into the planning and execution of activities authorized under this chapter.
Clarification of nonhumanitarian, nontrade-related foreign assistance
Clarification of scope of withheld assistance
Section 110(d)(1)(A) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(d)(1)(A)) is amended to read as follows:
the United States will not provide nonhumanitarian, nontrade-related foreign assistance to the central government of the country, or any funding to facilitate the participation by officials or employees of such central government in educational and cultural exchange programs, before the end of the first fiscal year beginning after such government complies with the minimum standards or makes significant efforts to bring itself into compliance; and
Definition of nonhumanitarian, nontrade-related assistance
Section 103(10) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(10)) is amended to read as follows:
Nonhumanitarian, nontrade-related foreign assistance
The term means United States foreign assistance, other than—
with respect to the Foreign Assistance Act of 1961—
assistance for international narcotics and law enforcement under chapter 8 of part I of such Act (22 U.S.C. 2291 et seq.);
assistance for International Disaster Assistance under subsections (b) and (c) of section 491 of such Act (22 U.S.C. 2292);
antiterrorism assistance under chapter 8 of part II of such Act (22 U.S.C. 2349aa et seq.); and
health programs under chapters 1 and 10 of part I and chapter 4 of part II of such Act (22 U.S.C. 2151 et seq.);
assistance under the Food for Peace Act (7 U.S.C. 1691 et seq.);
assistance under sections 2(a) through (c) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(a)–(c)) to meet refugee and migration needs;
any form of United States foreign assistance provided through nongovernmental organizations, international organizations, or private sector partners—
to combat human and wildlife trafficking;
to promote food security;
to respond to emergencies;
to provide humanitarian assistance;
to address basic human needs, including for education;
to advance global health security; or
to promote trade;
any other form of United States foreign assistance that the President determines, by not later than October 1 of each fiscal year, is necessary to advance the security, economic, humanitarian, or global health interests of the United States without compromising the country’s steadfast commitment to combating human trafficking globally; or
sales, or financing on any terms, under the Arms Export Control Act (22 U.S.C. 2751 et seq.), other than sales or financing provided for narcotics-related purposes following notification in accordance with the prior notification procedures applicable to reprogramming pursuant to section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–1).
The term also excludes payments to, or the participation of, government entities necessary or incidental to the implementation of a program that is otherwise consistent with section 110 of this Act.
Trafficking for the purposes of organ harvesting
Section 110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) is amended—
in subparagraph (G), by striking and at the end;
in subparagraph (H), by striking the period at the end and inserting ; and ; and
by inserting after subparagraph (H) the following:
information about the trafficking in persons for the purpose of organ removal, including cases and steps governments are undertaking to prevent, identify, and eliminate such trafficking.
Elimination of duplicative reporting
Sec. 106(b)(6)(C) of the Bipartisan Congressional Trade Priorities and Accountability Act, P.L. 114-26, as added by Sec. 914(e)(1) of the Trade Facilitation and Trade Enforcement Act, P.L. 114-125 (19 U.S.C. 4205(b)(6)(C)), is hereby repealed.
Authorization of Appropriations
Extension of authorizations under the Victims of Trafficking and Violence Protection Act of 2000
Section 113 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110) is amended—
in subsection (a), by striking for each of the fiscal years 2018 through 2021, $13,822,000 and inserting for each of the fiscal years 2024 through 2028, $17,000,000 ;
in subsection (b)(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 sections 101 and 102 of the Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2023, ; and
by striking $19,500,000 and all that follows, and inserting $25,000,000 for each of the fiscal years 2024 through 2028, of which $5,000,000 is authorized to be appropriated in each fiscal year for the National Human Trafficking Hotline and for cybersecurity and public education campaigns, in consultation with the Secretary of Homeland Security, for identifying and responding as needed to cases of human trafficking. ;
in subsection (c)(1)—
in the matter preceding subparagraph (A), by striking 2018 through 2021, $65,000,000 and inserting 2024 through 2028, $116,400,000 ;
in subsection (c) by adding at the end the following new paragraphs:
Programs to end modern slavery
Of the amounts authorized by paragraph (1) to be appropriated for a fiscal year, not more than $37,500,000 may be made available to fund programs to end modern slavery.
Programs at the USAID
Of the amount authorized to be appropriated by paragraph (1), $22,000,000 is authorized to be made available each fiscal year to the United States Agency for International Development, of which $2,000,000 is authorized to be allocated for countering trafficking in persons from Mexico, Guatemala, Honduras, and El Salvador.
in subsection (d)(1), by striking 2018 through 2021 and inserting 2024 through 2028, of which $35,000,000 is authorized to be appropriated for each fiscal year for the Office of Victims of Crime Housing Assistance Grants for Victims of Human Trafficking .
Extension of authorizations under the International Megan’s Law
Section 11 of the International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders (34 U.S.C. 21509) is amended by striking 2018 through 2021 and inserting 2024 through 2028 .
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