S. 3946 — what changed
Abolish Trafficking Reauthorization Act of 2022
From Introduced in Senate to Engrossed in Senate. 18 sections amended, 1 added, and 5 removed between Introduced in Senate and Engrossed in Senate.
Section 1 Short title
changed
This Act may be cited as the “Abolish Human Trafficking Reauthorization Act of 2022”.
Sec. 3 Definitions
In this Act:
Sec. 101 Grants for specialized human trafficking training and technical assistance for service providers
removed
“(D) Priority—In awarding Frederick Douglass Human Trafficking Prevention Education Grants under this paragraph, the Secretary of Health and Human Services shall give priority to local educational agencies that—
removed
“(i) serve a high-intensity child sex or labor trafficking area;
removed
“(ii) partner with nonprofit organizations specializing in human trafficking prevention education, law enforcement, and technology or social media companies to assist in training efforts to protect children from sexual exploitation and abuse, including grooming, child sex or labor trafficking, child sexual abuse materials, and human trafficking transmitted through technology;
removed
“(iii) consult with the Secretary of Education, the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of Health and Human Services, and the Attorney General, as appropriate, to identify the geographic areas in the United States with the highest prevalence of populations that are at high risk for being trafficked, 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 have run away from home or are in an out-of-home placement; or
removed
“(iv) consult with the Secretary of Education, the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of Health and Human Services, and the Attorney General, as appropriate, to identify the geographic areas in the United States with the highest levels of child sex trafficking and child labor trafficking.
removed
“(E) Criteria for selection—Grantees under this paragraph should be selected based on their demonstrated ability—
removed
“(i) to engage stakeholders, including survivors of human trafficking, and Federal, State, Tribal, and local partners, to develop programs described in subparagraph (B);
removed
“(ii) to train the trainers, parents or guardians, elementary and secondary school students, teachers, and other school personnel, particularly specialized instructional support personnel, such as a scientifically validated brief screening tool to quickly detect and serve trafficking survivors in a linguistically accessible, culturally responsive, age-appropriate and trauma-informed fashion; and
removed
“(iii) to create a scalable, repeatable program that uses proven and tested best practices by researchers and employs appropriate technological tools and methodologies, including linguistically accessible, culturally responsive, age appropriate and trauma-informed approach and measurement and training curricula adapted for trainers, guardians, educators, and elementary and secondary school students, to prevent child sexual exploitation and abuse, including grooming, child labor trafficking, the creation or distribution of child sexual abuse materials, and trafficking transmitted through technology.
removed
“(F) Data collection—The Secretary of Health and Human Services and the Secretary of Labor shall consult with the Secretary of Education 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 awarded under this paragraph.
removed
“(G) Report—Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the Secretary of Health and Human Services shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on the Judiciary of the Senate, the Committee on Education and Labor of the House of Representatives, the Committee on Energy and Commerce of the House of Representatives, and the Committee on the Judiciary of the House of Representatives that identifies—
removed
“(i) the total number of entities that received a Frederick Douglass Human Trafficking Prevention Education Grant during the preceding year;
removed
“(ii) the total number of partnerships or consultants that included survivors, nonprofit organizations specialized in human trafficking prevention education, law enforcement, or technology or social media companies;
removed
“(iii) the total number of elementary and secondary schools that established and implemented proper protocols and procedures through programs developed using grants received under this paragraph;
removed
“(iv) the total number and geographic distribution of trainers, guardians, students, teachers, and other school personnel trained assisted through grants received under this paragraph;
removed
“(v) the results of pre-training and post-training surveys to gauge trainees’ increased understanding of—
removed
“(I) the scope and signs of child trafficking and child sexual exploitation and abuse;
removed
“(II) how to interact with potential victims and survivors of child trafficking and child sexual exploitation and abuse using age-appropriate, culturally and linguistically responsive, and trauma-informed approaches; and
removed
“(III) the manner in which to respond to potential child trafficking and child sexual exploitation and abuse;
removed
“(vi) the number of potential victims and survivors of child trafficking and child sexual exploitation and abuse identified and served by grantees under this paragraph, excluding any individually identifiable information about such children, in full compliance with all applicable privacy laws and regulations;
removed
“(vii) the number of students in elementary or secondary school identified by grantees under this paragraph as being at risk of being trafficked or sexually exploited and abused, excluding any individually identifiable information about such students;
removed
“(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, in full compliance with the standards established by the Department of Education National Center for Education Statistics with respect to at-risk students; and
removed
“(ix) any service gaps and best practices identified by grantees under this paragraph.”
Sec. 102 Technical and clarifying update to civil remedy
changed
Section 240(c)(1) of the William Wilberforce Trafficking Victims Protection Reauthorization Act 1595(a) of 2008 (22 U.S.C. 212b(c)(1)) title 18, United States Code, is amended by inserting “or attempts or conspires to read as follows:benefit,” after “whoever knowingly benefits,”.
removed
“(1) the term covered sex offender means an individual who—
removed
“(A) is required to register, based on an offense against a minor, under section 113 of the Sex Offender Registration and Notification Act (34 U.S.C. 20913); or
removed
“(B) resides outside the United States, or applies for or seeks to renew a passport outside the United States, and would be required to register, based on an offense against a minor, under section 113 of the Sex Offender Registration and Notification Act, if the individual returned to the United States.”
Sec. 103 Ensuring protection and confidentiality for survivors of human trafficking
added The Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.) is amended by adding at the end the following:
added “114. Ensuring protection and confidentiality for survivors of human trafficking
added “(a) Definitions—In this section—
added “(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
added “(2) the term covered recipient means a grantee or subgrantee receiving funds under a covered grant.
added “(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—
added “(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
added “(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.
added “(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—
added “(1) that is funded by the Department of Justice;
added “(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
added “(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
added “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
added “(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—
added “(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
added “(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.
added “(b) Definitions—In this section:
added “(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.
added “(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:
added “(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.
added “(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)).
added “(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:
added “(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)).
added “(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.
added “(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.
added “(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.
added “(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).
added “(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.”
added “(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.”
Sec. 105 Additional reauthorization
removed
“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
removed
“(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—
removed
“(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 sex trafficking; and
removed
“(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.
removed
“(b) Definitions—In this section:
removed
“(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.
removed
“(2) Eligible State—The term eligible State means a State that meets 1 or more of the following criteria:
removed
“(A) Elimination of third party control requirement—The State has eliminated 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 1 or more severe forms of trafficking in persons, or a victim of trafficking, for purposes of accessing child welfare services and care.
removed
“(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)).
removed
“(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 protocols that meet the following reporting requirements:
removed
“(i) The requirement to report immediately, and in no case later than 24 hours after receiving, information on children or youth who have been identified as being a victim of sex trafficking to law enforcement authorities under paragraph (34)(A) of section 471(a) of the Social Security Act (42 U.S.C. 671(a)).
removed
“(ii) The requirement to report immediately, and in no case later than 24 hours after receiving, information on missing or abducted children or youth to law enforcement authorities, including children or youth 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.
removed
“(iii) The requirement to report to the Secretary of Health and Human Services the total number of children and youth who are victims of sex trafficking under paragraph (34)(B) of such section.
removed
“(D) Trafficking-specific protocol—The State has developed and implemented a specialized protocol for responding when victims of trafficking are exploited by a third party trafficker 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 sex 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 or requiring the filing of an abuse or neglect petition.
removed
“(3) 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.
removed
“(4) Other terms—The terms commercial sex act, severe forms of trafficking in persons, sex trafficking, victim of a severe form of trafficking, and victim of trafficking have the meanings given those terms in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).”
removed
“(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 $8,000,000 to the Secretary of Health and Human Services for each of fiscal years 2022 through 2027.”
Sec. 106 Redesignations
Sec. 311 National strategy, classification, and reporting on cybercrime
Sec. 321 Improved investigative and forensic resources for enforcement of laws related to cybercrimes against individuals
Subject to the availability of appropriations to carry out this section, the Attorney General, in consultation with the Director of the Federal Bureau of Investigation and the Secretary of Homeland Security, including the Executive Associate Director of Homeland Security Investigations, shall, with respect to cybercrimes against individuals—
Sec. 322 Report
Sec. 323 Information sharing
added “895. Reciprocal information sharing
added “Acting in accordance with a bilateral or multilateral arrangement, the Secretary, in the Secretary’s discretion and on the basis of reciprocity, may provide information from the National Sex Offender Registry relating to a conviction for a sex offense against a minor (as such terms are defined in section 111 of the Adam Walsh Child Protection and Safety Act of 2006 (34 U.S.C. 20911)) to a foreign government upon the request of the foreign government, and may receive comparable information from the foreign government.”
removed
The Attorney General, in consultation with the Secretary of Homeland Security, the Director of the United States Secret Service, and nongovernmental and survivor stakeholders, shall create, compile, evaluate, and disseminate materials and information, and provide the necessary training and technical assistance, to assist States and units of local government in—
added “(3) Clarification with respect to continuing registration—An individual may not be issued or reissued a passport without a unique identifier solely because the individual has moved or otherwise resides outside the United States.”
Sec. 324 Training and technical assistance for States
addedadded The Attorney General, in consultation with the Secretary of Homeland Security, the Director of the United States Secret Service, the Executive Associate Director of Homeland Security Investigations, and nongovernmental and survivor stakeholders, shall create, compile, evaluate, and disseminate materials and information, and provide the necessary training and technical assistance, to assist States and units of local government in—
Sec. 401 Cybercrime
added Subject to the availability of appropriations, and in accordance with the comparable level of the General Schedule, the Attorney General and the Secretary of Homeland Security shall provide incentive pay, in an amount that is not more than 25 percent of the basic pay of the individual, to an individual appointed to a position in the Department of Justice (including the Federal Bureau of Investigation) or the Department of Homeland Security (including positions in Homeland Security Investigations), respectively, requiring significant cyber skills, including to aid in—
removed
“(g) Sentencing juvenile victim offenders
removed
“(1) Statutory minimums—In the case of a juvenile victim offender, the court shall have the authority to impose a sentence that is below a level established by statute as a minimum sentence in recognition of the potential effect of trauma on the offender’s conduct, if the effect of trauma on the offender’s conduct is established by clear and convincing evidence.
removed
“(2) Suspension of sentence
removed
“(A) In general—Subject to subparagraph (B), in the case of a juvenile offender, the court shall have the authority to suspend any portion of an imposed sentence.
removed
“(B) Limitation—For an offense for which the minimum sentence under the statute is not less than 10 years, the court may not suspend the sentence imposed on a juvenile victim offender to be less than 3 years.
removed
“(3) Detention—A court may order that a juvenile victim offender serve a sentence in a juvenile facility if—
removed
“(A) the court imposes a sentence below the level established by statute as a minimum sentence under paragraph (1) or suspends in whole or in part the sentence imposed under paragraph (2); and
removed
“(B) the period of imprisonment imposed or that is not suspended ends not later than the 21st birthday of the juvenile victim offender.
removed
“(4) Juvenile victim offender defined—In this subsection, the term juvenile victim offender means an individual who—
removed
“(A) has not attained the age of 18 years; and
removed
“(B) has been convicted of a violent offense against a person who the court finds, by clear and convincing evidence, engaged in conduct against such individual, not earlier than 1 year before such violent offense, that is an offense under section 1591 or an offense under chapter 71, 109A, 110, or 117.”
removed
“(8) in the case of a juvenile (as such term is defined in section 5031), the diminished culpability of juveniles compared to that of adults.”
removed
“(h) Limitation on statutory minimum for juvenile offenders—In the case of a juvenile (as such term is defined in section 5031), the court shall have the authority to impose a sentence that is 35 percent below a level established by statute as a minimum sentence so as to reflect the juvenile’s age and prospect for rehabilitation.”
removed
“5032A. Modification of an imposed term of imprisonment for violations of law committed prior to age 18
removed
“(a) In general—Notwithstanding any other provision of law, a court may reduce a term of imprisonment imposed upon a defendant convicted as an adult for an offense committed and completed before the defendant attained 18 years of age if—
removed
“(1) the defendant has served not less than 20 years in custody for the offense; and
removed
“(2) the court finds, after considering the factors and information set forth in subsection (c), that the defendant is not a danger to the safety of any person or the community and that the interests of justice warrant a sentence modification.
removed
“(b) Supervised release—Any defendant whose sentence is reduced pursuant to subsection (a) shall be ordered to serve a period of supervised release of not less than 5 years following release from imprisonment. The conditions of supervised release and any modification or revocation of the term of supervised release shall be in accordance with section 3583.
removed
“(c) Factors and information To be considered in determining whether To modify a term of imprisonment—The court, in determining whether to reduce a term of imprisonment pursuant to subsection (a), shall consider—
removed
“(1) the factors described in section 3553(a), including the nature of the offense and the history and characteristics of the defendant;
removed
“(2) the age of the defendant at the time of the offense;
removed
“(3) a report and recommendation of the Bureau of Prisons, including information on whether the defendant has substantially complied with the rules of each institution in which the defendant has been confined and whether the defendant has completed any educational, vocational, or other prison program, where available;
removed
“(4) a report and recommendation of the United States attorney for any district in which an offense for which the defendant is imprisoned was prosecuted;
removed
“(5) whether the defendant has demonstrated maturity, rehabilitation, and a fitness to reenter society sufficient to justify a sentence reduction;
removed
“(6) any statement, which may be presented orally or otherwise, by any victim of an offense for which the defendant is imprisoned or by a family member of the victim if the victim is deceased;
removed
“(7) any report from a physical, mental, or psychiatric examination of the defendant conducted by a licensed health care professional;
removed
“(8) the family and community circumstances of the defendant at the time of the offense, including any history of abuse, trauma, or involvement in the child welfare system;
removed
“(9) the extent of the role of the defendant in the offense and whether, and to what extent, an adult was involved in the offense;
removed
“(10) any statement, which may be presented orally or in writing, by a prosecutor or law enforcement officer who was involved in the original investigation or criminal proceeding for which the defendant is incarcerated;
removed
“(11) the diminished culpability of juveniles as compared to that of adults, and the hallmark features of youth, including immaturity, impetuosity, and failure to appreciate risks and consequences, which counsel against sentencing juveniles to the otherwise applicable term of imprisonment; and
removed
“(12) any other information the court determines relevant to the decision of the court.
removed
“(d) Limitation on applications pursuant to this section
removed
“(1) Second application—Not earlier than 5 years after the date on which an order entered by a court on an initial application under this section becomes final, a court shall entertain a second application by the same defendant under this section.
removed
“(2) Final application—Not earlier than 5 years after the date on which an order entered by a court on a second application under paragraph (1) becomes final, a court shall entertain a final application by the same defendant under this section.
removed
“(3) Prohibition—A court may not entertain an application filed after an application filed under paragraph (2) by the same defendant.
removed
“(e) Procedures
removed
“(1) Notice—The Bureau of Prisons shall provide written notice of this section to—
removed
“(A) any defendant who has served not less than 19 years in prison for an offense committed and completed before the defendant attained 18 years of age for which the defendant was convicted as an adult; and
removed
“(B) the sentencing court, the United States attorney, and the Federal Public Defender or Executive Director of the Community Defender Organization for the judicial district in which the sentence described in subparagraph (A) was imposed.
removed
“(2) Crime victims rights
removed
“(A) Notice—Upon receiving notice under paragraph (1), the United States attorney shall provide any notifications required under section 3771.
removed
“(B) Victim services—Victims notified under subparagraph (A) shall be provided the same treatment and services provided by the Department of Justice to victims in similar criminal proceedings, and shall be given notice of the availability of such treatment and services when contacted under this section.
removed
“(3) Application
removed
“(A) In general—An application for a sentence reduction under this section shall be filed as a motion to reduce the sentence of the defendant and may include affidavits or other written material.
removed
“(B) Requirement—A motion to reduce a sentence under this section shall be filed with the sentencing court and a copy shall be served on the United States attorney for the judicial district in which the sentence was imposed.
removed
“(4) Expanding the record; hearing
removed
“(A) Expanding the record—After the filing of a motion to reduce a sentence under this section, the court may direct the parties to expand the record by submitting additional written materials relating to the motion.
removed
“(B) Hearing
removed
“(i) In general—The court shall conduct a hearing on the motion, at which the defendant and counsel for the defendant shall be given the opportunity to be heard.
removed
“(ii) Evidence—In a hearing under this section, the court may allow parties to present evidence.
removed
“(iii) Defendant’s presence—At a hearing under this section, the defendant shall be present unless the defendant waives the right to be present. The requirement under this clause may be satisfied by the defendant appearing by video teleconference.
removed
“(iv) Counsel—A defendant who is unable to obtain counsel is entitled to have counsel appointed to represent the defendant for proceedings under this section, including any appeal, unless the defendant waives the right to counsel.
removed
“(v) Findings—The court shall state in open court, and file in writing, the reasons for granting or denying a motion under this section.
removed
“(C) Appeal—The Government or the defendant may file a notice of appeal in the district court for review of a final order under this section. The time limit for filing such appeal shall be governed by rule 4(a) of the Federal Rules of Appellate Procedure.
removed
“(f) Educational and rehabilitative programs—A defendant who is convicted and sentenced as an adult for an offense committed and completed before the defendant attained 18 years of age may not be deprived of any educational, training, or rehabilitative program that is otherwise available to the general prison population.”
Sec. 402 Elimination of barriers
Sec. 403 Tip organizations
added Section 524(c)(1) of title 28, United States Code, is amended—
added “(J) at the discretion of the Attorney General, payments to reimburse operating expenses and program costs incurred by crime-tip organizations that—
added “(i) annually waive their qualification for—
added “(I) awards for information leading to forfeiture under subparagraph (C); and
added “(II) receiving payment from equitably shared forfeiture funds; and
added “(ii) offer rewards for information about violations of Federal criminal laws prohibiting human trafficking.”
Sec. 404 Data collection
changed
Subject to the availability Section 105(d)(7) of appropriations, the Attorney General and the Secretary Trafficking Victims Protection Act of Homeland Security shall provide incentive pay, in an amount that 2000 (22 U.S.C. 7103(d)(7)) is not more than 25 percent of the basic pay of the individual, to an individual appointed to a position in the Department of Justice or the Department of Homeland Security (including positions in Homeland Security Investigations), respectively, requiring significant cyber skills to aid in the protection of trafficking victims, prevention of trafficking in persons, or prosecution of buyers of and traffickers in persons, in accordance with the comparable level of the General Schedule.amended—
added “(U) with respect to applications described in subparagraph (B), (C), (D), or (F), when available, if the application was denied, the reason for the denial and the length of time it took for the denial to be issued; and
added “(V) disaggregated data regarding—
added “(i) the number of victims trafficked by third parties and by family members;
added “(ii) victims trafficked by victim age; and
added “(iii) victims trafficked by the type of trafficking.”
Sec. 405 Cumulative biennial report on data collection and statistics
added Not later than 280 days after the date of enactment of this Act, and every 2 years thereafter, the Attorney General and the Secretary of Health and Human Services shall each submit to the Committee on the Judiciary and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on the Judiciary and the Committee on Energy and Commerce of the House of Representatives the status of the required data collection and reporting requirements of the Attorney General and the Secretary, respectively, related to trafficking, which shall include the status of—
removed
“(h) Office of Counter-Trafficking
removed
“(1) Establishment—There is established, in the Department, the Office of Counter-Trafficking (referred to in this subsection as the “Office”), which shall plan, coordinate, and implement department-wide counter-trafficking initiatives, including efforts to combat sex and labor trafficking.
removed
“(2) Functions—The Office shall—
removed
“(A) collaborate with other entities of the Department to articulate the vision and priorities for anti-trafficking efforts, including grants;
removed
“(B) expand the Transportation Leaders Against Human Trafficking initiative;
removed
“(C) facilitate stronger public-private partnerships to combat human trafficking;
removed
“(D) develop and implement interagency counter-trafficking projects, including by coordinating with the Department of Justice, the Department of Health and Human Services, and the Department of Homeland Security;
removed
“(E) create and oversee an online portal to permit transportation stakeholders to track data on measurable counter-trafficking initiatives; and
removed
“(F) coordinate with the Department of State to establish transportation-based counter-trafficking programs across North America and around the world.”
Sec. 406 Forced labor requirements
removed
Section 524(c)(1) of title 28, United States Code, is amended—
removed
“(J) at the discretion of the Attorney General, payments to reimburse operating expenses and program costs incurred by crime-tip organizations that—
removed
“(i) annually waive their qualification for—
removed
“(I) awards for information leading to forfeiture under subparagraph (C); and
removed
“(II) receiving payment from equitably shared forfeiture funds; and
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“(ii) offer rewards for information about violations of Federal criminal laws prohibiting human trafficking.”
Sec. 407 Data collection
removedSec. 408 Cumulative biennial report on data collection and statistics
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Not later than 280 days after the date of enactment of this Act, and every 2 years thereafter, the Attorney General and the Secretary of Health and Human Services shall each submit to the Committee on the Judiciary and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on the Judiciary and the Committee on Energy and Commerce of the House of Representatives the status of the required data collection and reporting requirements of the Attorney General and the Secretary, respectively, related to trafficking, which shall include the status of—
Sec. 409 Forced labor requirements
removedSec. 410 Homeland Security VAP
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Section 442 of the Homeland Security Act of 2002 (6 U.S.C. 252) is amended by adding at the end the following:
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“(d) Homeland security investigations victim assistance program
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“(1) In general—There is established within Homeland Security Investigations of U.S. Immigration and Customs Enforcement a Victim Assistance Program.
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“(2) Functions—The Victim Assistance Program established under paragraph (1) shall—
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“(A) provide oversight, guidance, training, travel, equipment, and coordination to victim assistance personnel nationwide;
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“(B) locate, at a minimum—
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“(i) a forensic interview specialist and a victim assistance specialist in each office of the Special Agent in Charge of Homeland Security Investigations;
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“(ii) a victim assistance specialist in each office of Homeland Security Investigations participating in a human trafficking task force;
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“(iii) a victim assistance specialist in each regional attaché office of Homeland Security Investigations; and
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“(iv) a victim assistance specialist in each office of Homeland Security Investigations participating in a child sexual exploitation task force; and
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“(C) provide training on such topics as victims’ rights, victim-related policies, roles of forensic interviewers and victim assistance specialists, and the victim-centered approach.
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“(3) Authorization of appropriations—There is authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2022 through 2027.”
Sec. 411 Multidisciplinary teams
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“540D. Multidisciplinary teams
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“(a) Definition—In this section, the term child sexual abuse investigation includes an investigation of child sexual abuse material.
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“(b) Multidisciplinary teams required
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“(1) In general—The Director of the Federal Bureau of Investigation (referred to in this section as the “Director”) shall establish and maintain, except as provided in paragraph (2), multidisciplinary teams on child sexual abuse and sex and labor trafficking investigations for the purposes specified in subsection (c).
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“(2) Child advocacy centers—The Director—
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“(A) may work with local child advocacy centers to provide appropriate multidisciplinary investigations of child sexual abuse and other investigations; and
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“(B) shall allow, facilitate, and encourage multidisciplinary teams to collaborate with appropriate child advocacy centers with regard to availability, provision, and use of services to and by such victims and families.
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“(3) Memoranda of understanding—The Director shall seek to enter into a memorandum of understanding with a national reputable accrediting organization for children's advocacy centers under which—
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“(A) the children’s advocacy services of the national organization are made available to all field offices of the Federal Bureau of Investigation in the continental United States; and
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“(B) special agents and other employees of the Federal Bureau of Investigation are made aware of the existence of such memoranda and its purposes.
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“(c) Purposes—The purposes of each multidisciplinary team maintained under subsection (b) shall be as follows:
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“(1) To provide for the sharing of information among such team and other appropriate personnel regarding the progress of investigations into and resolutions of incidents of child sexual abuse and sex and labor trafficking reported to or otherwise investigated by the Federal Bureau of Investigation.
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“(2) To provide for and enhance collaborative efforts among such team and other appropriate personnel regarding investigations into the abuse.
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“(3) To enhance the social services available to victims in connection with such incidents, including through the enhancement of cooperation among specialists and other personnel providing such services in connection with such incidents.
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“(4) To carry out other duties regarding the response to child sexual abuse investigations.
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“(d) Personnel
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“(1) In general—Each multidisciplinary team maintained under subsection (b) shall be composed of the following:
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“(A) Appropriate investigative personnel.
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“(B) Appropriate mental health professionals.
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“(C) Appropriate medical personnel.
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“(D) Family advocacy case workers.
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“(E) Child advocacy center personnel.
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“(F) Appropriate prosecutors.
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“(2) Expertise and training
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“(A) In general—Any individual assigned to a multidisciplinary team shall possess such expertise, and shall undertake such training as is required to maintain such expertise, in order to ensure that members of the team remain appropriately qualified to carry out the purposes of the team under this section.
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“(B) Requirement—The training and expertise required under subparagraph (A) shall include training and expertise on special victims’ crimes, including child sexual abuse.
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“(e) Sharing of information
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“(1) Access to information—Personnel of child advocacy centers who are assigned to work on an investigation under this section shall be granted access to the case information necessary to perform their role conducting forensic interviews, providing mental health treatment, medical care, and victim advocacy for Federal Bureau of Investigation cases.
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“(2) Sharing information with FBI—Child advocacy centers shall provide the Federal Bureau of Investigation with forensic interview recordings and documentation, medical reports, and other case information on Federal Bureau of Investigation-related cases.
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“(3) Security clearances
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“(A) In general—The Federal Bureau of Investigation shall provide security clearances to not more than 20 individuals who are personnel of child advocacy centers for purposes of case review by multidisciplinary teams.
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“(B) Authorization of appropriations—There is authorized to be appropriated such sums as are necessary to carry out subparagraph (A).
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“(f) Use of teams—Multidisciplinary teams required under this section shall be made available for minor and adolescent reporting of child sexual abuse, as well as adult reporting of child sexual abuse.
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“(g) Case review by multidisciplinary team—Child sexual abuse investigations shall be regularly reviewed by a multidisciplinary team under this section at regularly scheduled times to—
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“(1) share information about case progress;
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“(2) address any investigative or prosecutorial barriers; and
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“(3) ensure that victims receive support and needed treatment.
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“(h) Availability of victim advocates—The Director shall make victim advocates available to all reporting victims.”