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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:

(1)
Computer— The term computer includes a computer network and any interactive electronic device.
(2)
changed Cybercrime against individuals— The term cybercrime against individuals means a Federal, State, or local criminal offense that involves the use of a computer to cause personal harm to an individual, such as has the use meaning given that term in section 1401(a) Violence Against Women Act Reauthorization Act of a computer to harass, threaten, stalk, extort, coerce, cause fear, intimidate, without consent distribute intimate images of, or violate the privacy of, an individual, except that—2022 (34 U.S.C. 30107(a)).
(A)
removed use of a computer need not be an element of the offense; and
(B)
removed the term does not include the use of a computer to cause harm to a commercial entity, government agency, or non-natural person.
(3)
Homeless youth— The term homeless youth has the meaning given the term homeless children and youths in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).
(4)
removed Labor trafficking— The term labor trafficking has the meaning given that term in section 106(b)(2)(A) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(b)(2)(A)).
(5)
removed Sex trafficking— The term sex trafficking has the meaning given that term in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
(6)
removed Survivor of human trafficking— The term survivor of human trafficking means a survivor of human trafficking as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).

Sec. 101 Grants for specialized human trafficking training and technical assistance for service providers

(a)
changed In general— Section 106(b)(2) 111(c)(1) of the Victims of Trafficking and Violence Protection Against Women and Department of Justice Reauthorization Act of 2000 (22 2005 (34 U.S.C. 7104(b)(2)) 20708(c)(1)) is amended—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.
(1)
removed by amending the paragraph heading to read as follows: “Frederick Douglass human trafficking prevention education grants”;
(2)
removed in subparagraph (A)—
(A)
removed in clause (iii), by striking “103(9)(B)” and inserting “103(11)(B)”; and
(B)
removed in clause (v), by striking “103(9)(A)” and inserting “103(12)”;
(3)
removed in subparagraph (B)—
(A)
removed in the matter preceding clause (i), by inserting “, under a program to be known as “Frederick Douglass Human Trafficking Prevention Education Grants”,” after “may award grants”; and
(B)
removed in clause (ii), by inserting “, linguistically accessible, and culturally responsive” after “age-appropriate”;
(4)
removed in subparagraph (C), by amending the subparagraph heading to read as follows: “Program requirements for frederick douglass human trafficking prevention education grants”; and
(5)
removed by striking subparagraph (D) and inserting the following:

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.”

(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. 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.”

(a)
removed In general— In order to ensure the safety of human trafficking survivors and their families—
(1)
removed a grantee or subgrantee receiving Federal funds under a grant shall protect the confidentiality and privacy of survivors of human trafficking receiving services from the grantee or subgrantee; and
(2)
removed each entity applying to receive Federal funds in the form of a grant shall submit, in conjunction with the application for the grant, a privacy policy for human trafficking survivors and their families that is in accordance with the requirements under this section.
(b)
removed Nondisclosure— Subject to subsections (c), (d), and (e), a grantee or subgrantee shall agree, as a condition of receiving Federal funds, to not—
(1)
removed disclose, reveal, or release any personally identifying information or individual information collected in connection with services requested, used, or denied through a program of the grantee or subgrantee, regardless of whether the information has been encoded, encrypted, hashed, or otherwise protected; or
(2)
removed disclose, reveal, or release individual client information regarding an individual who requested, used, or was denied services through a program of the grantee or subgrantee without the informed, written, and reasonably time-limited consent of the individual about whom information is sought, whether in connection with the program for which the Federal funds were received or another Federal, State, Tribal, or territorial grant program.
(c)
removed Exceptions relating to minors—
(1)
removed In general— For purposes of subsection (b)(2)—
(A)
removed the informed, written, and reasonably time-limited consent described in such subsection—
(i)
removed in the case of an unemancipated minor shall be obtained from both the minor and a parent or guardian; and
(ii)
removed in the case of person with a legal incapacity, shall be obtained from both the person and a court-appointed guardian; and
(B)
removed such consent may not be given by the alleged or convicted trafficker of the minor or person with a legal incapacity, or the alleged or convicted trafficker of a parent or legal guardian of the minor or person with a legal incapacity.
(2)
removed Waiver of parental consent— Notwithstanding the prohibition under subsection (b)(2), if a minor or a person with a legally incapacity is permitted by law to receive services without the consent of a parent or guardian, the minor or person may consent to the disclosure, revealing, or release of information without obtaining additional consent in accordance with paragraph (1) of this subsection.
(d)
removed Compelled release— If a grantee or subgrantee is compelled by a statutory or court mandate to disclose, reveal, or release information described in subsection (b), the grantee or subgrantee shall—
(1)
removed make reasonable attempts to provide notice to survivors affected by the disclosure, revealing, or release of the information; and
(2)
removed take steps necessary to protect the privacy and safety of the persons affected by the disclosure, revealing, or release of the information.
(e)
removed Information sharing—
(1)
removed In general— A grantee or subgrantee may share—
(A)
removed nonpersonally identifying data in the aggregate regarding services to clients of the grantee or subgrantee and nonpersonally identifying demographic information, in order to identify underserved populations and comply with Federal, State, Tribal, or territorial reporting, evaluation, or data collection requirements;
(B)
removed court-generated information and law enforcement-generated information contained in secure, governmental registries for protection order enforcement purposes;
(C)
removed law enforcement-generated and prosecution-generated information necessary for law enforcement and prosecution purposes; and
(D)
removed information necessary for the functioning of a multidisciplinary team.
(2)
removed Prohibition— Under no circumstances may a grantee or subgrantee—
(A)
removed require a human trafficking survivor to provide consent to disclose, reveal, or release his or her personally identifying information as a condition of eligibility for the services provided by the grantee or subgrantee; or
(B)
removed share any personally identifying information of a human trafficking survivor in order to comply with Federal, State, Tribal, or territorial reporting, evaluation, or data collection requirements, whether in connection with the program for which the Federal funds were received or another Federal, State, Tribal, or territorial grant program.
(f)
removed Statutorily mandated reports of human trafficking, exploitation, abuse or neglect— Nothing in this section shall be construed to prohibit a grantee or subgrantee from reporting suspected human trafficking, exploitation, abuse or neglect, as those terms are defined under, and as such reporting is specifically mandated by, Federal, State, local, or Tribal laws.

Sec. 104 Grants for State improvements

(a)
added 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)
added 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:

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.”

(2)
added 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:
(a)
removed Waiver of match requirements— The non-Federal match requirements set forth in subsection (g) of section 202 of the Trafficking Victims Protection Reauthorization Act of 2005 (34 U.S.C. 20702) shall not apply to grants under such section during fiscal year 2023.
(b)
changed Waiver of Federal share limitations—Funding— The Federal share limitations set forth in subsections (b)(2)(C) and (f)(3)(B) of section 107 Section 113(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105) shall not apply to grants under subsections (b)(2) and (f)(3) of such section during fiscal year 2023.7110(b)) is amended by adding at the end the following:

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.”

(c)
added 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)
added 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)
added 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)
added the manner in which to respond to victims and potential victims of trafficking or child sexual exploitation and abuse.

Sec. 105 Additional reauthorization

(a)
changed In general—Airport personnel training To identify and report human trafficking victims— Title II Section 303 of the Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2005 (34 U.S.C. 20701 et seq.) 2018 (Public Law 115–425; 132 Stat. 5488) is amended by striking “2018 through 2021” and inserting after section 204 the following:“2022 through 2027”.

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).”

(b)
changed Funding—Hero corps hiring— Section 113(b) 890A(g)(2) of the Trafficking Victims Protection Homeland Security Act of 2000 (22 2002 (6 U.S.C. 7110(b)) 473(g)(2)) is amended by adding at the end the following:striking “2019 through 2022” and inserting “2022 through 2027”.

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.”

(c)
changed Sense of congress regarding health care professionals Reauthorizing the special assessment and social service providers—ensuring full funding for the domestic trafficking victims’ fund— It is the sense Section 3014 of Congress that State and local licensing boards throughout the title 18, United States should facilitate access for health care and behavioral health care practitioners and social service providers, as a condition of receiving new or renewal licensure, to 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—Code, is amended—
(1)
changed the scope and signs of human trafficking and child sexual exploitation and abuse that present in subsection (a), in the applicable health care, behavioral health, or social services settings;matter preceding paragraph (1), by striking “and ending on December 16, 2022”; and
(2)
changed 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 trafficking survivors, using an age-appropriate, gender-responsive, culturally and linguistically appropriate, and trauma-informed approach; andsubsection (e)(1)—
(A)
added in the matter preceding subparagraph (A), by striking “2023” and inserting “2027”;
(B)
added in subparagraph (A), by striking “(42 U.S.C. 14044c)” and inserting “(34 U.S.C. 20705)”;
(C)
added in subparagraph (C), by striking “(42 U.S.C. 13002(b))” and inserting “(34 U.S.C. 20304)”; and
(D)
added in subparagraph (D), by striking “(42 U.S.C. 17616)” and inserting “(34 U.S.C. 21116)”.
(d)
added Extension of anti-Trafficking grant programs— The Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.) is amended—
(1)
added in section 112A(b)(4) (22 U.S.C. 7109a(b)(4)), by striking “2018 through 2021” and inserting “2022 through 2027”;
(2)
added in section 112B(d) (22 U.S.C. 7109b(d)) is amended by striking “2008 through 2011” and inserting “2022 through 2027”; and
(3)
added in section 113 (22 U.S.C. 7110)—
(A)
added in subsection (b)(2), by striking “2018 through 2021” and inserting “2022 through 2027”;
(B)
added in subsection (d)(3), by striking “2018 through 2021” and inserting “2022 through 2027”; and
(C)
added in subsection (e)(3), by striking “2008 through 2011” and inserting “2022 through 2027”.
(e)
added 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”.
(3)
removed the manner in which to respond to potential victims and to survivors of human trafficking (as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)) or child sexual exploitation and abuse.

Sec. 106 Redesignations

(a)
changed Airport personnel training To identify and report Grants for specialized human trafficking victims—training and technical assistance for service providers— Section 303 111 of the Frederick Douglass 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 Prevention and Protection Reauthorization Act of 2018 (Public Law 115–425; 132 Stat. 5488) is amended by striking “2018 through 2021” 2005 and inserting “2021 through 2027”.transferred so as to appear after section 207 of the Trafficking Victims Protection Reauthorization Act of 2005.
(b)
added Additional provisions—
(1)
added 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)
added 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)
added 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.
(b)
removed 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)
removed 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)
removed in subsection (a), in the matter preceding paragraph (1), by striking “and ending on September 11, 2022”; and
(2)
removed in subsection (e)(1)—
(A)
removed in the matter preceding subparagraph (A), by striking “2023” and inserting “2027”;
(B)
removed in subparagraph (A), by striking “(42 U.S.C. 14044c)” and inserting “(34 U.S.C. 20705)”;
(C)
removed in subparagraph (C), by striking “(42 U.S.C. 13002(b))” and inserting “(34 U.S.C. 20304)”; and
(D)
removed in subparagraph (D), by striking “(42 U.S.C. 17616)” and inserting “(34 U.S.C. 21116)”.
(d)
removed Extension of anti-Trafficking grant programs— The Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.) is amended—
(1)
removed in section 112A(b)(4) (22 U.S.C. 7109a(b)(4)), by striking “2018 through 2021” and inserting “2022 through 2027”;
(2)
removed in section 112B(d) (22 U.S.C. 7109b(d)) is amended by striking “2008 through 2011” and inserting “2022 through 2027”; and
(3)
removed in section 113 (22 U.S.C. 7110)—
(A)
removed in subsection (d)—
(i)
removed in paragraph (1), by striking “2018 through 2021” and inserting “2022 through 2027”; and
(ii)
removed in paragraph (3), by striking “2018 through 2021” and inserting “2022 through 2027”;
(B)
removed in subsection (e)(3), by striking “2008 through 2011” and inserting “2022 through 2027”; and
(C)
removed in subsection (f), by striking “2018 through 2021..” and inserting “2022 through 2027.”.

Sec. 311 National strategy, classification, and reporting on cybercrime

(a)
changed National strategy— The Attorney General, in consultation with the Secretary of Homeland Security, shall develop a national strategy strategy, which shall be developed to supplement, not duplicate, the National Strategy to Combat Human Trafficking and the National Strategy for Child Exploitation Prevention and Interdiction of the Department of Justice, to—
(1)
reduce the incidence of cybercrimes against individuals;
(2)
coordinate investigations of cybercrimes against individuals by Federal law enforcement agencies; and
(3)
increase the number of Federal prosecutions of cybercrimes against individuals.
(b)
changed Classification of cybercrimes against individuals for purposes of crime reports—Reporting on cybercrime taxonomy— In accordance with the authority Section 3(c) of the Attorney General under section 534 Better Cybercrime Metrics Act (34 U.S.C. 30109 note) is amended, in the matter preceding paragraph (1), by inserting “, which shall include the Committee on the Judiciary of title 28, United States Code, the Director Senate and the Committee on the Judiciary of the Federal Bureau House of Investigation shall—Representatives,” after “committees of Congress”.
(1)
removed design and create within the Uniform Crime Reports a category for offenses that constitute cybercrimes against individuals;
(2)
removed to the extent feasible, within the category established under paragraph (1), establish subcategories for each type of cybercrime against individuals that is an offense under Federal or State law;
(3)
removed classify the category established under paragraph (1) as a Part I crime in the Uniform Crime Reports; and
(4)
removed classify each type of cybercrime against individuals that is an offense under Federal or State law as a Group A offense for the purpose of the National Incident-Based Reporting System.
(c)
removed Annual summary— The Attorney General shall publish an annual summary of the information reported in the Uniform Crime Reports and the National Incident-Based Reporting System relating to cybercrimes against individuals.

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—

(1)
changed ensure that there are not less fewer than 10 additional operational agents of the Federal Bureau of Investigation designated to support the Criminal Division of the Department of Justice in the investigation and coordination of cybercrimes against individuals;
(2)
ensure that each office of a United States Attorney designates at least 1 Assistant United States Attorney as responsible for investigating and prosecuting cybercrimes against individuals; and
(3)
ensure the implementation of a regular and comprehensive training program—
(A)
the purpose of which is to train agents of the Federal Bureau of Investigation in the investigation and prosecution of such crimes and the enforcement of laws related to cybercrimes against individuals; and
(B)
that includes relevant forensic training related to investigating and prosecuting cybercrimes against individuals.

Sec. 322 Report

(a)
changed In general— Not later than 1 year after the date on which the collection National Academy of statistical data Sciences submits the report required under section 311 begins 3(c) of the Better Cybercrime Metrics Act (34 U.S.C. 30109 note), and once each year thereafter, the Director of the Office for Victims of Crime shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that addresses, to the extent data are available, the nature, extent, and amount of funding under the Victims of Crime Act of 1984 (34 U.S.C. 20101 et seq.) for victims of cybercrimes against individuals.
(b)
Contents— The report required under subsection (a) shall include—
(1)
changed an analysis of victims' victims’ assistance, victims' victims’ compensation, and discretionary grants under which victims of cybercrimes against individuals received assistance;assistance; and
(2)
changed recommendations for improving services for victims of cybercrimes against individuals; andindividuals.
(3)
removed efforts by the Department of Justice to conduct outreach to State and local law enforcement agencies on the process for collaborating with the Federal Government for the purpose of investigating and prosecuting interstate and international cybercrime cases.

Sec. 323 Information sharing

(a)
added Reciprocal information sharing—
(1)
added In general— Subtitle I of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 481 et seq.) is amended—
(A)
added by striking sections 895 through 899; and
(B)
added by adding at the end the following:

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.”

(2)
added Conforming amendment— The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107–296; 116 Stat. 2135) is amended by striking the items relating to sections 895 through 899 and inserting the following:
(3)
added Rule of construction— Nothing in the amendments made by this subsection shall be construed to effect the amendments made by sections 895 through 899 of the Homeland Security Act of 2002 (Public Law 107–296; 116 Stat. 2256).

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—

(b)
changed Clarification with respect to continuing registration— investigating, prosecuting, pursuing, preventing, understanding, and mitigating Section 240(b) of William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (22 U.S.C. 212b(b)) is amended by adding at the impact of—end the following:

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.”

(A)
removed physical, sexual, and psychological abuse of cybercrime victims, including victims of human trafficking that is facilitated by interactive computer services;
(B)
removed exploitation of cybercrime victims; and
(C)
removed neglect of cybercrime; and
(2)
removed assessing, addressing, and mitigating the physical and psychological trauma to victims of cybercrime.

Sec. 324 Training and technical assistance for States

added

added 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—

(1)
added investigating, prosecuting, pursuing, preventing, understanding, and mitigating the impact of—
(A)
added physical, sexual, and psychological abuse of cybercrime victims, including victims of human trafficking that is facilitated by interactive computer services;
(B)
added exploitation of cybercrime victims; and
(C)
added deprioritization of cybercrime; and
(2)
added assessing, addressing, and mitigating the physical and psychological trauma to victims of cybercrime.

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—

(1)
added the protection of trafficking victims;
(2)
added the prevention of trafficking in persons; or
(3)
added the prosecution of technology-facilitated crimes against children by buyers or traffickers in persons.
(a)
removed Sentencing juvenile victim offenders who have been trafficked, abused, or assaulted—
(1)
removed Sentencing juvenile victim offenders—
(A)
removed In general— Section 3553 of title 18, United States Code, is amended—
(i)
removed by redesignating subsection (g) as subsection (i); and
(ii)
removed by inserting after subsection (f) the following:

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.”

(B)
removed Application— The amendments made by subparagraph (A) shall apply to a conviction entered on or after the date of enactment of this Act.
(2)
removed Directive to sentencing commission— Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this subsection, the United States Sentencing Commission shall review its guidelines and its policy statements with respect to juvenile victim offenders (as defined in subsection (g) of section 3553 of title 18, United States Code, as added by paragraph (1)) to ensure that the guidelines and policy statements are consistent with the amendments made by paragraph (1).
(b)
removed Sentencing juvenile offenders—
(1)
removed Sentencing juvenile offenders—
(A)
removed In general— Section 3553 of chapter 227 of title 18, United States Code, is amended—
(i)
removed in subsection (a)—
(I)
removed in paragraph (6), by striking “and” at the end;
(II)
removed in paragraph (7), by striking the period at the end and inserting “; and”; and
(III)
removed by adding at the end the following:

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.”

(ii)
removed by inserting after subsection (g), as added by subsection (b), the following:

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.”

(B)
removed Application— The amendments made by subparagraph (A) shall apply to a conviction entered on or after the date of enactment of this Act.
(2)
removed Directive to sentencing commission— Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this subsection, the United States Sentencing Commission shall review its guidelines and its policy statements with respect to juveniles (as defined in section 5031 of title 18, United States Code) to ensure that the guidelines and policy statements are consistent with the amendments made by paragraph (1).
(c)
removed Parole for juveniles—
(1)
removed In general— Chapter 403 of title 18, United States Code, is amended by inserting after section 5032 the following:

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.”

(2)
removed Table of sections— The table of sections for chapter 403 of title 18, United States Code, is amended by inserting after the item relating to section 5032 the following:
(3)
removed Applicability— The amendments made by this subsection shall apply to any conviction entered before, on, or after the date of enactment of this Act.

Sec. 402 Elimination of barriers

(a)
changed In general—Minors— The Secretary of Health and Human Services (referred to in this section as the “Secretary”), acting through the Director of the Centers for Disease Control and Prevention and in coordination with the Department of Justice, the Department A Federal agency may not require a survivor of Homeland Security, the Department human trafficking who is less than 18 years of Housing and Urban Development, age or a homeless youth to obtain the Department consent or signature of Labor, and the Department parent or guardian of State, including the Office survivor or homeless youth to Monitor and Combat Trafficking in Persons of the Department of State, shall develop receive a research agenda on primary prevention copy of human trafficking in the United States, in accordance with Federal law. Such research agenda shall include research a Government-issued identity card issued to support effective screening tools and primary prevention programs, including education and prevention campaigns.the survivor or homeless youth.
(b)
changed Consultation—Fees— In developing the research agenda under subsection (a), the Secretary shall consult with A Federal agency may not charge a panel survivor of service providers, university researchers, advocates, human trafficking prevention education experts, survivors or a homeless youth a fee to obtain a copy of human trafficking, and community and faith-based organizations.a Government-issued identity card issued to the survivor or homeless youth.
(c)
removed Report to Congress— Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report that includes—
(1)
removed a list of members of the panel under subsection (b) and the organization or institute each such member represents, if any;
(2)
removed a description of the research agenda developed under subsection (a) and the plan to implement that agenda;
(3)
removed recommendations for congressional priorities to assist the Secretary in carrying out the agenda developed under subsection (a), including by effectively advancing knowledge about trafficking in persons in the United States and providing the means by which to prevent or reduce both sex and labor trafficking; and
(4)
removed recommendations for supporting State and local practitioners.

Sec. 403 Tip organizations

added Section 524(c)(1) of title 28, United States Code, is amended—

(a)
removed Alternative identity documents accepted— A survivor of human trafficking or a homeless youth may provide to a Federal agency any of the following documents in lieu of a birth certificate or passport to prove identity, age, and residency of the survivor:
(1)
removed A school-issued document, including a school ID, school record, or transcript.
(2)
removed A W–2 or a 1099 tax form.
(3)
removed A State or Federal court document.
(4)
removed A medical insurance policy identification card or medical record.
(5)
removed A United States military ID or United States military dependent ID.
(6)
removed An employee ID or other employee record.
(7)
removed A vehicle registration or title.
(8)
removed A Certificate of Degree of Indian Blood.
(9)
removed A State or local government ID.
(10)
removed A doctor or hospital bill.
(11)
removed A utility bill.
(12)
removed A consular ID card.
(13)
removed A paycheck or paycheck stub.
(1)
changed Minors— A survivor of human trafficking who is a minor or a homeless youth shall not be required to obtain the consent or signature of the parent or guardian of the minor to receive from a Federal agency a copy of the government-issued identity card issued to in subparagraph (H), by striking “and” at the minor.end;
(2)
changed Fees— Federal agencies shall not charge a survivor of human trafficking or a homeless youth a fee to obtain a copy of a government-issued identity card.in subparagraph (I), by striking the period at the end and inserting “; and”; and
(3)
changed Technical assistance and grants— The Department of Justice is authorized to provide technical assistance and grants to States to encourage by adding at the States to remove existing barriers and support human trafficking survivors and homeless youth with access to personal identification documents by—end the following new subparagraph:

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.”

(1)
removed accepting from a survivor of human trafficking or a homeless youth to prove identity, age, and residency in lieu of a birth certificate or passport, a “statement of identity, residency, and date of birth” from—
(A)
removed the head, or the designee of the head, of a human trafficking service provider funded by the Department of Justice or the Department of Health and Human Services;
(B)
removed a social worker, attorney, or other direct service worker at a human trafficking service provider funded by the Department of Justice or the Department of Health and Human Services;
(C)
removed a liaison described in section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii));
(D)
removed the head, or the designee of the head, of a shelter funded by the Department of Housing and Urban Development;
(E)
removed the head, or the designee of the head, of a shelter funded by the Runaway and Homeless Youth Act (34 U.S.C. 11201 et seq.);
(F)
removed a local, State, Federal, or Tribal law enforcement officer; or
(G)
removed a local, State, Federal, or Tribal government official with responsibility for issuing personal identification documents;
(2)
removed removing any requirement that a survivor of human trafficking who is a minor or a homeless youth be required to obtain the consent or signature of the parent or guardian of the minor to receive from a Federal agency a certification or a copy of the birth record, government ID, or drivers' license of the minor; or
(3)
removed preventing a survivor of human trafficking or homeless youth from being charged a fee for copies of the birth record, government-issued identity card, or drivers’ license of the survivor of 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—

(1)
added in subparagraph (Q)—
(A)
added in clause (vii), by adding “and” at the end; and
(B)
added in clause (viii), by striking “and” at the end;
(2)
added in subparagraph (R), by striking “and” at the end;
(3)
added in the first subparagraph (S), as added by section 121(a) of the Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2018 (Public Law 115–425; 132 Stat. 5478), by striking the period at the end and inserting a semicolon;
(4)
added by redesignating the second subparagraph (S), as added by section 7154(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 113 Stat. 2260), as subparagraph (T);
(5)
added in subparagraph (T), as so redesignated, by striking the period at the end and inserting a semicolon; and
(6)
added by adding at the end the following:

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—

(a)
removed In general— Section 102 of title 49, United States Code, is amended—
(1)
removed by redesignating subsection (h) as subsection (i); and
(2)
removed by inserting after subsection (g) the following:

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.”

(1)
changed Authorization of appropriations— There are authorized to be appropriated to the Office of Counter-Trafficking study required under section 201(a)(1)(B)(ii) of the Department of Transportation $1,000,000 for each Trafficking Victims Protection Reauthorization Act of the fiscal years 2023 through 2027, which shall be used—2005 (34 U.S.C. 20701(a)(1)(B)(ii));
(2)
added the State reports required under section 237(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (34 U.S.C. 41309(b)) to be included in the Uniform Crime Reporting Program and the National Incident-Based Reporting System;
(3)
added the report required under section 237(c)(1)(A) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110–457; 122 Stat. 5084);
(4)
added the report required under section 237(c)(1)(B) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110–457; 122 Stat. 5084);
(5)
added the report required under section 237(c)(1)(C) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110–457; 122 Stat. 5084); and
(6)
added the comprehensive study required under section 237(c)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110–457; 122 Stat. 5085).
(1)
removed to educate and train transportation personnel on how to identify and stop human trafficking;
(2)
removed to raise awareness among transportation personnel and the traveling public on recognizing and reporting human trafficking;
(3)
removed to conduct research or collect data on trafficking within the transportation sector; and
(4)
removed to provide grants to State, tribal, and local governments, United States territories, transit agencies, port authorities, metropolitan planning organizations, political subdivisions of a State or local government, a collaboration among any such entities, and qualified nonprofit organizations, for the purposes of developing and supporting human trafficking prevention programs.

Sec. 406 Forced labor requirements

(a)
added Department of Justice—
(1)
added In general— Not later than 2 years after the date of enactment of this Act, the Attorney General shall establish a team of not less than 10 agents within the Federal Bureau of Investigation to be assigned to exclusively investigate labor trafficking.
(2)
added Authorization of appropriations— There are authorized to be appropriated to carry out paragraph (1) $2,000,000 for each of fiscal years 2022 to 2027, to remain available until expended.
(b)
added Department of Homeland Security—
(1)
added In general— Not later than 2 years after the date of enactment of this Act, the Secretary of Homeland Security shall establish a team of not less than 10 agents within the Center for Countering Human Trafficking of the Department of Homeland Security to be assigned to exclusively investigate labor trafficking.
(2)
added Authorization of appropriations— There are authorized to be appropriated to carry out paragraph (1) $2,000,000 for each of fiscal years 2022 to 2027, to remain available until expended.

removed Section 524(c)(1) of title 28, United States Code, is amended—

(1)
removed in subparagraph (H), by striking “and” at the end;
(2)
removed in subparagraph (I), by striking the period at the end and inserting “; and”; and
(3)
removed by adding at the end the following new subparagraph:

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

removed “(ii) offer rewards for information about violations of Federal criminal laws prohibiting human trafficking.”

Sec. 407 Data collection

removed
(a)
removed Disaggregated data— The Department of Justice shall collect and submit to Congress—
(1)
removed disaggregated data regarding the number of victims trafficked by third parties and by family members;
(2)
removed disaggregated data regarding victims trafficked by victim age; and
(3)
removed disaggregated data regarding victims trafficked by the type of trafficking (labor, sex, labor and sex, or unknown).
(b)
removed Continued presence data—
(1)
removed In general— The data described in paragraph (2), disaggregated by type of trafficking (labor, sex, labor and sex, or unknown)—
(A)
removed shall be included in the report required under section 105(d)(7) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7));
(B)
removed should be included in reports from any Federal, State, Tribal, or local agency that receives Federal counter trafficking in persons funding; and
(C)
removed for data included under subparagraph (A) or (B), shall include demographic characteristics of the victim of trafficking, including age, sex, race, ethnicity, and national origin.
(2)
removed Data described— The data described in this paragraph are the following:
(A)
removed
(i)
removed The number of requests for continued presence that were received from, or on behalf of, potential trafficking victims.
(ii)
removed For each request referred to in clause (i), whether the request was filed or was not filed.
(iii)
removed For each request that was filed, whether the request was approved or denied.
(B)
removed In each applicable case—
(i)
removed the month and year when the continued presence request was filed;
(ii)
removed if the continued presence request was not filed, the reasons for such failure to file; and
(iii)
removed if the continued presence request was denied, the reasons for such denial.
(C)
removed For each potential human trafficking case described in subparagraph (A)—
(i)
removed whether or not an investigation was initiated into the case; and
(ii)
removed if an investigation was not initiated, the reasons for such failure to investigate.
(D)
removed The number of requests for T visa certifications that were received from, or on behalf of, potential trafficking victims and the outcomes of such requests, indicating whether or not a T visa certification was provided.
(E)
removed In each applicable case—
(i)
removed the month and year when the T visa certification request for approval was submitted; and
(ii)
removed if such request was denied, the reasons for such denial.
(F)
removed Whether an investigation was initiated into each potential human trafficking case described in subparagraph (D).

Sec. 408 Cumulative biennial report on data collection and statistics

removed

removed 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—

(1)
removed the study required under section 201(a)(1)(B)(ii) of the Trafficking Victims Protection Reauthorization Act of 2005 (34 U.S.C. 20701(a)(1)(B)(ii));
(2)
removed the State reports required under section 237(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (34 U.S.C. 41309(b)) to be included in the Uniform Crime Reporting Program and the National Incident-Based Reporting System;
(3)
removed the report required under section 237(c)(1)(A) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110–457; 122 Stat. 5084);
(4)
removed the report required under section 237(c)(1)(B) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110–457; 122 Stat. 5084);
(5)
removed the report required under section 237(c)(1)(C) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110–457; 122 Stat. 5084); and
(6)
removed the comprehensive study required under section 237(c)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110–457; 122 Stat. 5085).

Sec. 409 Forced labor requirements

removed
(a)
removed Department of Justice—
(1)
removed In general— Not later than 2 years after the date of enactment of this Act, the Attorney General shall establish a team of not less than 10 agents within the Civil Rights Unit of the Federal Bureau of Investigation to be assigned to exclusively investigate labor trafficking.
(2)
removed Authorization of appropriations— There are authorized to be appropriated to carry out paragraph (1) $2,000,000 for each of fiscal years 2022 to 2027, to remain available until expended.
(b)
removed Department of Homeland Security—
(1)
removed In general— Not later than 2 years after the date of enactment of this Act, the Secretary of Homeland Security shall establish a team of not less than 10 agents within the Center for Countering Human Trafficking of the Department of Homeland Security to be assigned to exclusively investigate labor trafficking.
(2)
removed Authorization of appropriations— There are authorized to be appropriated to carry out paragraph (1) $2,000,000 for each of fiscal years 2022 to 2027, to remain available until expended.

Sec. 410 Homeland Security VAP

removed

removed Section 442 of the Homeland Security Act of 2002 (6 U.S.C. 252) is amended by adding at the end the following:

removed “(d) Homeland security investigations victim assistance program

removed “(1) In general—There is established within Homeland Security Investigations of U.S. Immigration and Customs Enforcement a Victim Assistance Program.

removed “(2) Functions—The Victim Assistance Program established under paragraph (1) shall—

removed “(A) provide oversight, guidance, training, travel, equipment, and coordination to victim assistance personnel nationwide;

removed “(B) locate, at a minimum—

removed “(i) a forensic interview specialist and a victim assistance specialist in each office of the Special Agent in Charge of Homeland Security Investigations;

removed “(ii) a victim assistance specialist in each office of Homeland Security Investigations participating in a human trafficking task force;

removed “(iii) a victim assistance specialist in each regional attaché office of Homeland Security Investigations; and

removed “(iv) a victim assistance specialist in each office of Homeland Security Investigations participating in a child sexual exploitation task force; and

removed “(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.

removed “(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

removed
(a)
removed Amendment— Chapter 33 of title 28, United States Code, is amended by adding at the end the following:

removed “540D. Multidisciplinary teams

removed “(a) Definition—In this section, the term child sexual abuse investigation includes an investigation of child sexual abuse material.

removed “(b) Multidisciplinary teams required

removed “(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).

removed “(2) Child advocacy centers—The Director—

removed “(A) may work with local child advocacy centers to provide appropriate multidisciplinary investigations of child sexual abuse and other investigations; and

removed “(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.

removed “(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—

removed “(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

removed “(B) special agents and other employees of the Federal Bureau of Investigation are made aware of the existence of such memoranda and its purposes.

removed “(c) Purposes—The purposes of each multidisciplinary team maintained under subsection (b) shall be as follows:

removed “(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.

removed “(2) To provide for and enhance collaborative efforts among such team and other appropriate personnel regarding investigations into the abuse.

removed “(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.

removed “(4) To carry out other duties regarding the response to child sexual abuse investigations.

removed “(d) Personnel

removed “(1) In general—Each multidisciplinary team maintained under subsection (b) shall be composed of the following:

removed “(A) Appropriate investigative personnel.

removed “(B) Appropriate mental health professionals.

removed “(C) Appropriate medical personnel.

removed “(D) Family advocacy case workers.

removed “(E) Child advocacy center personnel.

removed “(F) Appropriate prosecutors.

removed “(2) Expertise and training

removed “(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.

removed “(B) Requirement—The training and expertise required under subparagraph (A) shall include training and expertise on special victims’ crimes, including child sexual abuse.

removed “(e) Sharing of information

removed “(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.

removed “(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.

removed “(3) Security clearances

removed “(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.

removed “(B) Authorization of appropriations—There is authorized to be appropriated such sums as are necessary to carry out subparagraph (A).

removed “(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.

removed “(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—

removed “(1) share information about case progress;

removed “(2) address any investigative or prosecutorial barriers; and

removed “(3) ensure that victims receive support and needed treatment.

removed “(h) Availability of victim advocates—The Director shall make victim advocates available to all reporting victims.”

(b)
removed Technical and conforming amendment— The table of sections for chapter 33 of title 28, United States Code, is amended by inserting after the item relating to section 540C the following: