II 116TH CONGRESS 2D SESSION S. 3333 To amend the Public Health Service Act to provide for the implementation of curricula for training students, teachers, and school personnel to understand, recognize, prevent, and respond to signs of human trafficking and exploitation in children and youth, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 25, 2020 Ms. MURKOWSKI (for herself, Ms. SMITH, Mr. SULLIVAN, Ms. HASSAN, Ms. CORTEZ MASTO, Mr. HEINRICH, Ms. KLOBUCHAR, Mr. WYDEN, Mr. MERKLEY, Ms. HIRONO, Mr. TESTER, Mr. VAN HOLLEN, Mr. JONES, Ms. ROSEN, Ms. SINEMA, and Ms. HARRIS) introduced the following bill; which was read twice and referred to the Committee on Health, Edu- cation, Labor, and Pensions A BILL To amend the Public Health Service Act to provide for the implementation of curricula for training students, teachers, and school personnel to understand, recognize, prevent, and respond to signs of human trafficking and exploitation in children and youth, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 00:45 Feb 26, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3333.IS S3333 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3333 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Human Trafficking 2 and Exploitation Prevention Training Act of 2020’’. 3 SEC. 2. FINDINGS. 4 Congress finds the following: 5 (1) According to the National Human Traf- 6 ficking Hotline, operated by the National Human 7 Trafficking Resource Center, there is no single pro- 8 file for trafficking survivors–trafficking survivors in- 9 clude adults and minors from rural, suburban, and 10 urban communities across the country. Survivors of 11 human trafficking have diverse socioeconomic back- 12 grounds, varied levels of education, and may be doc- 13 umented or undocumented. According to the 2018 14 Trafficking In Persons Report produced by the De- 15 partment of State, the Department of Justice, the 16 National Human Trafficking Resource Center, and 17 Youth.gov, vulnerable populations and risk factors 18 for human trafficking include— 19 (A) children in the child welfare and juve- 20 nile justice systems; 21 (B) runaway youth; 22 (C) homeless youth; 23 (D) youth forced to leave home by parents 24 or caregivers with no alternate care arranged; 25 (E) unaccompanied children; 26 VerDate Sep 11 2014 00:45 Feb 26, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3333.IS S3333 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3333 IS (F) American Indians and Alaska Natives; 1 (G) migrant laborers, including undocu- 2 mented workers and individuals with temporary 3 visas; 4 (H) recent migration or relocation; 5 (I) persons with disabilities; 6 (J) LGBTI individuals; 7 (K) people of color; 8 (L) those with limited-English proficiency; 9 (M) low literacy; 10 (N) substance abuse; 11 (O) mental health issues; 12 (P) past trauma or violence; 13 (Q) stigma or discrimination; 14 (R) family conflict, disruption, or dysfunc- 15 tion; 16 (S) community-level risk factors such as 17 peer pressure, social norms, social isolation, 18 gang involvement, and living in an under- 19 resourced school, neighborhood, or community; 20 and 21 (T) society-level risk factors such as lack 22 of awareness of commercial exploitation and 23 human trafficking, sexualization of children, 24 and lack of resources. 25 VerDate Sep 11 2014 00:45 Feb 26, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3333.IS S3333 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3333 IS (2) According to the National Human Traf- 1 ficking Resource Center, human trafficking survivors 2 have been identified in cities, suburbs, and rural 3 areas in all 50 States, and in Washington, D.C. The 4 3 States with the highest incidents of human traf- 5 ficking cases reported via phone calls, emails, and 6 online tips to the National Human Trafficking Hot- 7 line in 2018 were California, Texas, and Florida, re- 8 spectively. 9 (3) According to the National Human Traf- 10 ficking Resource Center, the top recruitment meth- 11 ods used by sex traffickers based on self-reported 12 data from survivors involve an intimate partner or 13 marriage proposition, family members, individuals 14 posing as a benefactor, offers of employment, or in- 15 dividuals perpetrating fraud or offering false prom- 16 ises. 17 (4) According to the National Center on Safe 18 Supportive Learning Environments, traffickers may 19 systematically target vulnerable children by fre- 20 quenting locations where children congregate—malls, 21 schools, bus and train stations, and group homes, 22 among other locations. Traffickers also use peers or 23 classmates who befriend the target and slowly groom 24 the child for the trafficker by bringing the child 25 VerDate Sep 11 2014 00:45 Feb 26, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3333.IS S3333 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3333 IS along to parties and other activities. According to 1 Common Sense Media, nearly all children age 8 and 2 under live in a home with some type of mobile device 3 and use it every day. This is especially concerning 4 given that traffickers often recruit through social 5 media platforms and other websites. 6 (5) Those within vulnerable populations are 7 often exploited or groomed for entry into human 8 trafficking at a very young age. According to a 2005 9 clinical report, ‘‘The Evaluation of Sexual Abuse in 10 Children’’, published by the American Academy of 11 Pediatrics, studies have suggested that each year ap- 12 proximately 739,000 children experience some form 13 of sexual abuse, resulting in the sexual victimization 14 of 12 percent to 25 percent of girls and 8 percent 15 to 10 percent of boys before the age of 18. 16 (6) Sex trafficking and exploitation can take 17 many harmful forms, including a lesser-known but 18 just as damaging form of uncoerced exploitation re- 19 ferred to as ‘‘survival sex’’, meaning the exchange of 20 sex for basic needs including clothing, food, shelter, 21 or other basic necessities. Survival sex does not in- 22 volve a third party trafficker or exploiter, and often 23 affects youth, including those who are homeless, 24 runaways, or housing-insecure, who lack the finan- 25 VerDate Sep 11 2014 00:45 Feb 26, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3333.IS S3333 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 3333 IS cial resources, job readiness, support system, or op- 1 portunity to afford or access these basic necessities. 2 (7) Training students, teachers, and school per- 3 sonnel to understand, recognize, and respond to 4 signs of human trafficking and exploitation in chil- 5 dren and youth is invaluable in the effort to identify 6 and prevent human trafficking and exploitation be- 7 fore it occurs. According to the National Human 8 Trafficking Resource Center, the widespread lack of 9 awareness and understanding of human trafficking 10 leads to low levels of survivor identification by the 11 people who most often encounter them. Survivors of 12 human trafficking are often forced to work or pro- 13 vide commercial sex against their will in legal and le- 14 gitimate business settings or underground markets. 15 It is often the case that those who are being ex- 16 ploited or trafficked are in plain view and may inter- 17 act with community members, underscoring the ur- 18 gent need for the expansion of training programs to 19 increase awareness and prevention activities in com- 20 munities across the United States. 21 VerDate Sep 11 2014 00:45 Feb 26, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3333.IS S3333 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 3333 IS SEC. 3. DEMONSTRATION PROJECT TO TRAIN STUDENTS, 1 TEACHERS, AND SCHOOL PERSONNEL TO UN- 2 DERSTAND, RECOGNIZE, PREVENT, AND RE- 3 SPOND TO SIGNS OF HUMAN TRAFFICKING 4 AND CHILD EXPLOITATION. 5 Section 582 of the Public Health Service Act (42 6 U.S.C. 290hh–1) is amended— 7 (1) by resdesignating subsections (j) and (k) as 8 subsections (k) and (l), respectively; 9 (2) by inserting after subsection (i) the fol- 10 lowing: 11 ‘‘(j) DEMONSTRATION PROJECT TO TRAIN STU- 12 DENTS, TEACHERS, AND SCHOOL PERSONNEL TO UN- 13 DERSTAND, RECOGNIZE, PREVENT, AND RESPOND TO 14 SIGNS OF HUMAN TRAFFICKING AND CHILD EXPLOI- 15 TATION.— 16 ‘‘(1) IN GENERAL.—The Director of the Office 17 on Trafficking in Persons of the Administration for 18 Children and Families (in this subsection referred to 19 as the ‘Director’) shall carry out a demonstration 20 project for training students, teachers, and school 21 personnel at elementary schools and secondary 22 schools to understand, recognize, prevent, and re- 23 spond to signs of human trafficking and exploitation 24 in children and youth. 25 VerDate Sep 11 2014 00:45 Feb 26, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3333.IS S3333 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 3333 IS ‘‘(2) PROJECT ACTIVITIES.—In carrying out the 1 demonstration project under this subsection, the Di- 2 rector shall— 3 ‘‘(A) approve vendors pursuant to para- 4 graph (3); 5 ‘‘(B) award grants pursuant to paragraph 6 (4); 7 ‘‘(C) develop a reliable methodology for 8 vendors and grantees to collect, and report to 9 the Director, in a manner that prevents disclo- 10 sure of individually identifiable information con- 11 sistent with all applicable privacy laws and reg- 12 ulations, data on the number of human traf- 13 ficking survivors identified and served pursuant 14 to this subsection, the number of students in el- 15 ementary school or secondary school identified 16 as being at risk of being trafficked or exploited, 17 and the demographics of such survivors and 18 students at risk; and 19 ‘‘(D) assist entities that are eligible for 20 grants under paragraph (4) in developing prop- 21 er protocols and procedures to— 22 ‘‘(i) work with law enforcement to re- 23 port, and facilitate communication with, 24 VerDate Sep 11 2014 00:45 Feb 26, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3333.IS S3333 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 3333 IS human trafficking survivors and exploited 1 children; and 2 ‘‘(ii) refer human trafficking survivors 3 and exploited children to appropriate social 4 or survivor service agencies or organiza- 5 tions. 6 ‘‘(3) VENDORS.— 7 ‘‘(A) IN GENERAL.—In carrying out the 8 demonstration project under this subsection, 9 the Director shall approve a list of nonprofit or- 10 ganizations as verified vendors— 11 ‘‘(i) to develop or make available cur- 12 ricula for the training described in para- 13 graph (1); and 14 ‘‘(ii) to implement such training in ac- 15 cordance with such curricula. 16 ‘‘(B) CONSIDERATIONS.—In approving 17 vendors under this subsection, the Director 18 shall give consideration to whether the non- 19 profit organization— 20 ‘‘(i) engages stakeholders, including 21 survivors of human trafficking, and Fed- 22 eral, State, local, and Tribal partners, to 23 develop the curricula; and 24 VerDate Sep 11 2014 00:45 Feb 26, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3333.IS S3333 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 3333 IS ‘‘(ii) has a demonstrated expertise 1 in— 2 ‘‘(I) developing age-appropriate, 3 culturally competent, and gender-re- 4 sponsive human trafficking and ex- 5 ploitation prevention curricula for stu- 6 dents, teachers, or school personnel in 7 elementary school and secondary 8 school; 9 ‘‘(II) training students, teachers, 10 or school personnel described in para- 11 graph (1); and 12 ‘‘(III) creating a scalable, repeat- 13 able program that employs appro- 14 priate technology tools and methodolo- 15 gies, including measurement and 16 training curricula. 17 ‘‘(4) GRANTS.— 18 ‘‘(A) IN GENERAL.—In carrying out the 19 demonstration project under this subsection, 20 the Director shall award grants to eligible enti- 21 ties to implement the training described in 22 paragraph (1) in accordance with the curricula 23 developed and made available by verified ven- 24 dors pursuant to paragraph (3). 25 VerDate Sep 11 2014 00:45 Feb 26, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3333.IS S3333 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 3333 IS ‘‘(B) DIVERSITY OF GRANTS.—In award- 1 ing grants under this subsection, the Director 2 shall— 3 ‘‘(i) consult with the Director of the 4 Bureau of Justice Assistance and the head 5 of the Office of Partnership and Engage- 6 ment of the Department of Homeland Se- 7 curity to identify the geographic areas in 8 the United States with the highest preva- 9 lence of reported human trafficking in- 10 stances for children, aged 5 through 17; 11 ‘‘(ii) consult, as appropriate, with the 12 Secretary of Education, the Secretary of 13 Housing and Urban Development, the Sec- 14 retary of Labor, and the Attorney General 15 of the United States to identify the geo- 16 graphic areas in the United States with 17 the highest prevalence of at risk, vulner- 18 able, or underserved populations, including 19 homeless youth, foster youth, youth in- 20 volved in the child welfare system, and 21 runaways; and 22 ‘‘(iii) give priority to eligible entities 23 located in, or primarily serving, one or 24 VerDate Sep 11 2014 00:45 Feb 26, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3333.IS S3333 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 3333 IS more areas identified pursuant to clause (i) 1 or (ii). 2 ‘‘(C) ALLOCATION OF GRANT FUNDING.— 3 The Director shall ensure that— 4 ‘‘(i) 40 percent of the grant funds 5 under this subsection are awarded to appli- 6 cants to serve elementary school students 7 and teachers; 8 ‘‘(ii) 40 percent of the grant funds 9 under this subsection are awarded to appli- 10 cants to serve middle grades students and 11 teachers; and 12 ‘‘(iii) 20 percent of the grant funds 13 under this subsection are awarded to appli- 14 cants to serve high school students and 15 teachers. 16 ‘‘(D) DEFINITION.—In this paragraph, the 17 term ‘eligible entity’ includes a nonprofit orga- 18 nization, an elementary school, a local edu- 19 cational agency, a secondary school, and a State 20 educational agency. 21 ‘‘(5) DATA COLLECTION AND REPORTING.— 22 ‘‘(A) IN GENERAL.—The Director shall 23 collect, and report to the Congress, data on the 24 following: 25 VerDate Sep 11 2014 00:45 Feb 26, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3333.IS S3333 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 3333 IS ‘‘(i) The total number of entities that 1 received a grant under this subsection. 2 ‘‘(ii) The total number of elementary [Text truncated for display. 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