[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3946 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 3946
To reauthorize the Trafficking Victims Protection Act of 2017, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 29, 2022
Mr. Cornyn (for himself and Ms. Klobuchar) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To reauthorize the Trafficking Victims Protection Act of 2017, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Abolish Human Trafficking
Reauthorization Act of 2022''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--GRANTS RELATING TO HUMAN TRAFFICKING PREVENTION AND ASSISTANCE
FOR VICTIMS OF HUMAN TRAFFICKING
Sec. 101. Human trafficking prevention education grants.
Sec. 102. Protecting children abroad.
Sec. 103. Ensuring protection and confidentiality for human trafficking
survivors.
Sec. 104. Temporary waivers.
Sec. 105. Grants for State improvements.
Sec. 106. Additional reauthorization.
TITLE II--COMPENSATION OF VICTIMS OF HUMAN TRAFFICKING
Sec. 201. Bankruptcy.
TITLE III--CYBER HARASSMENT PREVENTION
Subtitle A--Cybercrime Statistics
Sec. 311. National strategy, classification, and reporting on
cybercrime.
Subtitle B--Prioritizing Online Threat Enforcement
Sec. 321. Improved investigative and forensic resources for enforcement
of laws related to cybercrimes against
individuals.
Sec. 322. Report.
Sec. 323. Training and technical assistance for States.
TITLE IV--OTHER FEDERAL IMPROVEMENTS RELATING TO HUMAN TRAFFICKING
Sec. 401. Youthful offenders.
Sec. 402. Prevention research.
Sec. 403. Reduction of barriers to obtain identity documents for
trafficking survivors.
Sec. 404. Cybercrime.
Sec. 405. Office of Counter-Trafficking.
Sec. 406. Tip organizations.
Sec. 407. Data collection.
Sec. 408. Cumulative biennial report on data collection and statistics.
Sec. 409. Forced labor requirements.
Sec. 410. Homeland Security VAP.
Sec. 411. Multidisciplinary teams.
SEC. 3. DEFINITIONS.
In this Act:
(1) Computer.--The term ``computer'' includes a computer
network and any interactive electronic device.
(2) 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 the use 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--
(A) use of a computer need not be an element of the
offense; and
(B) 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) 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) 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) 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).
TITLE I--GRANTS RELATING TO HUMAN TRAFFICKING PREVENTION AND ASSISTANCE
FOR VICTIMS OF HUMAN TRAFFICKING
SEC. 101. HUMAN TRAFFICKING PREVENTION EDUCATION GRANTS.
(a) In General.--Section 106(b)(2) of the Victims of Trafficking
and Violence Protection Act of 2000 (22 U.S.C. 7104(b)(2)) is amended--
(1) by amending the paragraph heading to read as follows:
``Frederick douglass human trafficking prevention education
grants'';
(2) in subparagraph (A)--
(A) in clause (iii), by striking ``103(9)(B)'' and
inserting ``103(11)(B)''; and
(B) in clause (v), by striking ``103(9)(A)'' and
inserting ``103(12)'';
(3) in subparagraph (B)--
(A) 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) in clause (ii), by inserting ``, linguistically
accessible, and culturally responsive'' after ``age-
appropriate'';
(4) in subparagraph (C), by amending the subparagraph
heading to read as follows: ``Program requirements for
frederick douglass human trafficking prevention education
grants''; and
(5) by striking subparagraph (D) and inserting the
following:
``(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--
``(i) serve a high-intensity child sex or
labor trafficking area;
``(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;
``(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
``(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.
``(E) Criteria for selection.--Grantees under this
paragraph should be selected based on their
demonstrated ability--
``(i) to engage stakeholders, including
survivors of human trafficking, and Federal,
State, Tribal, and local partners, to develop
programs described in subparagraph (B);
``(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
``(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.
``(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.
``(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--
``(i) the total number of entities that
received a Frederick Douglass Human Trafficking
Prevention Education Grant during the preceding
year;
``(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;
``(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;
``(iv) the total number and geographic
distribution of trainers, guardians, students,
teachers, and other school personnel trained
assisted through grants received under this
paragraph;
``(v) the results of pre-training and post-
training surveys to gauge trainees' increased
understanding of--
``(I) the scope and signs of child
trafficking and child sexual
exploitation and abuse;
``(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
``(III) the manner in which to
respond to potential child trafficking
and child sexual exploitation and
abuse;
``(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;
``(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;
``(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
``(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. PROTECTING CHILDREN ABROAD.
Section 240(c)(1) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (22 U.S.C. 212b(c)(1)) is
amended to read as follows:
``(1) the term `covered sex offender' means an individual
who--
``(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
``(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 HUMAN TRAFFICKING
SURVIVORS.
(a) In General.--In order to ensure the safety of human trafficking
survivors and their families--
(1) 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) 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) Nondisclosure.--Subject to subsections (c), (d), and (e), a
grantee or subgrantee shall agree, as a condition of receiving Federal
funds, to not--
(1) 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) 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) Exceptions Relating to Minors.--
(1) In general.--For purposes of subsection (b)(2)--
(A) the informed, written, and reasonably time-
limited consent described in such subsection--
(i) in the case of an unemancipated minor
shall be obtained from both the minor and a
parent or guardian; and
(ii) in the case of person with a legal
incapacity, shall be obtained from both the
person and a court-appointed guardian; and
(B) 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) 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) 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) make reasonable attempts to provide notice to survivors
affected by the disclosure, revealing, or release of the
information; and
(2) take steps necessary to protect the privacy and safety
of the persons affected by the disclosure, revealing, or
release of the information.
(e) Information Sharing.--
(1) In general.--A grantee or subgrantee may share--
(A) 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) court-generated information and law
enforcement-generated information contained in secure,
governmental registries for protection order
enforcement purposes;
(C) law enforcement-generated and prosecution-
generated information necessary for law enforcement and
prosecution purposes; and
(D) information necessary for the functioning of a
multidisciplinary team.
(2) Prohibition.--Under no circumstances may a grantee or
subgrantee--
(A) 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) 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) 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. TEMPORARY WAIVERS.
(a) 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) Waiver of Federal Share Limitations.--The Federal share
limitations set forth in subsections (b)(2)(C) and (f)(3)(B) of section
107 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.
SEC. 105. GRANTS FOR STATE IMPROVEMENTS.
(a) In General.--Title II of the Trafficking Victims Protection
Reauthorization Act of 2005 (34 U.S.C. 20701 et seq.) is amended by
inserting after section 204 the following:
``SEC. 204A. ENHANCING THE ABILITY OF STATE, LOCAL, AND TRIBAL CHILD
WELFARE AGENCIES TO IDENTIFY AND RESPOND TO CHILDREN WHO
ARE, OR ARE AT RISK OF BEING, VICTIMS OF TRAFFICKING.
``(a) Grants To Enhance Child Welfare Services.--The Secretary of
Health and Human Services may make grants to eligible States to
develop, improve, or expand programs that assist State, local, or
Tribal child welfare agencies with identifying and responding to--
``(1) children considered victims of `child abuse and
neglect' and of `sexual abuse' under the application of section
111(b)(1) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106g(b)(1)) because of being identified as being a
victim or at risk of being a victim of sex trafficking; and
``(2) children over whom such agencies have responsibility
for placement, care, or supervision and for whom there is
reasonable cause to believe are, or are at risk of being a
victim of 1 or more severe forms of trafficking in persons.
``(b) Definitions.--In this section:
``(1) Child.--The term `child' means an individual who has
not attained 18 years of age or such older age as the State has
elected under section 475(8) of the Social Security Act (42
U.S.C. 675(8)). At the option of an eligible State, such term
may include an individual who has not attained 26 years of age.
``(2) Eligible state.--The term `eligible State' means a
State that meets 1 or more of the following criteria:
``(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.
``(B) Application of standard for human
trafficking.--The State considers a child to be a
victim of trafficking if the individual is a victim of
a severe form of trafficking in persons as described in
subparagraph (A) of section 103(11) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102(11)).
``(C) Development and implementation of state child
welfare plan protocols.--The State agency responsible
for administering the State plan for foster care and
adoption assistance under part E of title IV of the
Social Security Act (42 U.S.C. 670 et seq.) has
developed and is implementing protocols that meet the
following reporting requirements:
``(i) The requirement to report
immediately, and in no case later than 24 hours
after receiving, information on children 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)).
``(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.
``(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.
``(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.
``(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.
``(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) Funding.--Section 113(b) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7110(b)) is amended by adding at the end the
following:
``(3) Grants for state improvements.--To carry out the
purposes of section 204A of the Trafficking Victims Protection
Reauthorization Act of 2005, there are authorized to be
appropriated $8,000,000 to the Secretary of Health and Human
Services for each of fiscal years 2022 through 2027.''.
(c) Sense of Congress Regarding Health Care Professionals and
Social Service Providers.--It is the sense of Congress that State and
local licensing boards throughout the 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--
(1) the scope and signs of human trafficking and child
sexual exploitation and abuse that present in the applicable
health care, behavioral health, or social services settings;
(2) how to interact with potential victims of trafficking
(as defined in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102)) and with trafficking
survivors, using an age-appropriate, gender-responsive,
culturally and linguistically appropriate, and trauma-informed
approach; and
(3) 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. ADDITIONAL REAUTHORIZATION.
(a) Airport Personnel Training To Identify and Report Human
Trafficking Victims.--Section 303 of the Frederick Douglass Trafficking
Victims Prevention and Protection Reauthorization Act of 2018 (Public
Law 115-425; 132 Stat. 5488) is amended by striking ``2018 through
2021'' and inserting ``2021 through 2027''.
(b) HERO Corps Hiring.--Section 890A(g)(2) of the Homeland Security
Act of 2002 (6 U.S.C. 473(g)(2)) is amended by striking ``2019 through
2022'' and inserting ``2022 through 2027''.
(c) Reauthorizing the Special Assessment and Ensuring Full Funding
for the Domestic Trafficking Victims' Fund.--Section 3014 of title 18,
United States Code, is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``and ending on September 11, 2022''; and
(2) in subsection (e)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``2023'' and inserting ``2027'';
(B) in subparagraph (A), by striking ``(42 U.S.C.
14044c)'' and inserting ``(34 U.S.C. 20705)'';
(C) in subparagraph (C), by striking ``(42 U.S.C.
13002(b))'' and inserting ``(34 U.S.C. 20304)''; and
(D) in subparagraph (D), by striking ``(42 U.S.C.
17616)'' and inserting ``(34 U.S.C. 21116)''.
(d) Extension of Anti-Trafficking Grant Programs.--The Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.) is amended--
(1) in section 112A(b)(4) (22 U.S.C. 7109a(b)(4)), by
striking ``2018 through 2021'' and inserting ``2022 through
2027'';
(2) in section 112B(d) (22 U.S.C. 7109b(d)) is amended by
striking ``2008 through 2011'' and inserting ``2022 through
2027''; and
(3) in section 113 (22 U.S.C. 7110)--
(A) in subsection (d)--
(i) in paragraph (1), by striking ``2018
through 2021'' and inserting ``2022 through
2027''; and
(ii) in paragraph (3), by striking ``2018
through 2021'' and inserting ``2022 through
2027'';
(B) in subsection (e)(3), by striking ``2008
through 2011'' and inserting ``2022 through 2027''; and
(C) in subsection (f), by striking ``2018 through
2021..'' and inserting ``2022 through 2027.''.
TITLE II--COMPENSATION OF VICTIMS OF HUMAN TRAFFICKING
SEC. 201. BANKRUPTCY.
Section 523(a) of title 11, United States Code, is amended--
(1) in paragraph (18), by striking ``or'' at the end;
(2) in paragraph (19), by striking the period at the end
and inserting ``; or''; and
(3) by inserting after paragraph (19) the following:
``(20) for injury to an individual by the debtor relating to a
violation of chapter 77 of title 18, including injury caused by an
instance in which the debtor knowingly benefitted financially, or by
receiving anything of value, from participation in a venture that the
debtor knew or should have known engaged in an act in violation of
chapter 77 of title 18.''.
TITLE III--CYBER HARASSMENT PREVENTION
Subtitle A--Cybercrime Statistics
SEC. 311. NATIONAL STRATEGY, CLASSIFICATION, AND REPORTING ON
CYBERCRIME.
(a) National Strategy.--The Attorney General, in consultation with
the Secretary of Homeland Security, shall develop a national strategy
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) Classification of Cybercrimes Against Individuals for Purposes
of Crime Reports.--In accordance with the authority of the Attorney
General under section 534 of title 28, United States Code, the Director
of the Federal Bureau of Investigation shall--
(1) design and create within the Uniform Crime Reports a
category for offenses that constitute cybercrimes against
individuals;
(2) 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) classify the category established under paragraph (1)
as a Part I crime in the Uniform Crime Reports; and
(4) 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) 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.
Subtitle B--Prioritizing Online Threat Enforcement
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) ensure that there are not less 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) In General.--Not later than 1 year after the date on which the
collection of statistical data under section 311 begins 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) an analysis of victims' assistance, victims'
compensation, and discretionary grants under which victims of
cybercrimes against individuals received assistance;
(2) recommendations for improving services for victims of
cybercrimes against individuals; and
(3) 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. TRAINING AND TECHNICAL ASSISTANCE FOR STATES.
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--
(1) investigating, prosecuting, pursuing, preventing,
understanding, and mitigating the impact of--
(A) physical, sexual, and psychological abuse of
cybercrime victims, including victims of human
trafficking that is facilitated by interactive computer
services;
(B) exploitation of cybercrime victims; and
(C) neglect of cybercrime; and
(2) assessing, addressing, and mitigating the physical and
psychological trauma to victims of cybercrime.
TITLE IV--OTHER FEDERAL IMPROVEMENTS RELATING TO HUMAN TRAFFICKING
SEC. 401. YOUTHFUL OFFENDERS.
(a) Sentencing Juvenile Victim Offenders Who Have Been Trafficked,
Abused, or Assaulted.--
(1) Sentencing juvenile victim offenders.--
(A) In general.--Section 3553 of title 18, United
States Code, is amended--
(i) by redesignating subsection (g) as
subsection (i); and
(ii) by inserting after subsection (f) the
following:
``(g) Sentencing Juvenile Victim Offenders.--
``(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.
``(2) Suspension of sentence.--
``(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.
``(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.
``(3) Detention.--A court may order that a juvenile victim
offender serve a sentence in a juvenile facility if--
``(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
``(B) the period of imprisonment imposed or that is
not suspended ends not later than the 21st birthday of
the juvenile victim offender.
``(4) Juvenile victim offender defined.--In this
subsection, the term `juvenile victim offender' means an
individual who--
``(A) has not attained the age of 18 years; and
``(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) Application.--The amendments made by
subparagraph (A) shall apply to a conviction entered on
or after the date of enactment of this Act.
(2) 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) Sentencing Juvenile Offenders.--
(1) Sentencing juvenile offenders.--
(A) In general.--Section 3553 of chapter 227 of
title 18, United States Code, is amended--
(i) in subsection (a)--
(I) in paragraph (6), by striking
``and'' at the end;
(II) in paragraph (7), by striking
the period at the end and inserting ``;
and''; and
(III) by adding at the end the
following:
``(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.''; and
(ii) by inserting after subsection (g), as
added by subsection (b), the following:
``(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) Application.--The amendments made by
subparagraph (A) shall apply to a conviction entered on
or after the date of enactment of this Act.
(2) 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) Parole for Juveniles.--
(1) In general.--Chapter 403 of title 18, United States
Code, is amended by inserting after section 5032 the following:
``Sec. 5032A. Modification of an imposed term of imprisonment for
violations of law committed prior to age 18
``(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--
``(1) the defendant has served not less than 20 years in
custody for the offense; and
``(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.
``(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.
``(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--
``(1) the factors described in section 3553(a), including
the nature of the offense and the history and characteristics
of the defendant;
``(2) the age of the defendant at the time of the offense;
``(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;
``(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;
``(5) whether the defendant has demonstrated maturity,
rehabilitation, and a fitness to reenter society sufficient to
justify a sentence reduction;
``(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;
``(7) any report from a physical, mental, or psychiatric
examination of the defendant conducted by a licensed health
care professional;
``(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;
``(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;
``(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;
``(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
``(12) any other information the court determines relevant
to the decision of the court.
``(d) Limitation on Applications Pursuant to This Section.--
``(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.
``(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.
``(3) Prohibition.--A court may not entertain an
application filed after an application filed under paragraph
(2) by the same defendant.
``(e) Procedures.--
``(1) Notice.--The Bureau of Prisons shall provide written
notice of this section to--
``(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
``(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.
``(2) Crime victims rights.--
``(A) Notice.--Upon receiving notice under
paragraph (1), the United States attorney shall provide
any notifications required under section 3771.
``(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.
``(3) Application.--
``(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.
``(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.
``(4) Expanding the record; hearing.--
``(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.
``(B) Hearing.--
``(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.
``(ii) Evidence.--In a hearing under this
section, the court may allow parties to present
evidence.
``(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.
``(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.
``(v) Findings.--The court shall state in
open court, and file in writing, the reasons
for granting or denying a motion under this
section.
``(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.
``(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) 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:
``5032A. Modification of an imposed term of imprisonment for violations
of law committed prior to age 18.''.
(3) 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. PREVENTION RESEARCH.
(a) In General.--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 of Homeland
Security, the Department of Housing and Urban Development, the
Department of Labor, and the Department of State, including the Office
to Monitor and Combat Trafficking in Persons of the Department of
State, shall develop a research agenda on primary prevention of human
trafficking in the United States, in accordance with Federal law. Such
research agenda shall include research to support effective screening
tools and primary prevention programs, including education and
prevention campaigns.
(b) Consultation.--In developing the research agenda under
subsection (a), the Secretary shall consult with a panel of service
providers, university researchers, advocates, human trafficking
prevention education experts, survivors of human trafficking, and
community and faith-based organizations.
(c) 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) a list of members of the panel under subsection (b) and
the organization or institute each such member represents, if
any;
(2) a description of the research agenda developed under
subsection (a) and the plan to implement that agenda;
(3) 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) recommendations for supporting State and local
practitioners.
SEC. 403. REDUCTION OF BARRIERS TO OBTAIN IDENTITY DOCUMENTS FOR
TRAFFICKING SURVIVORS.
(a) 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) A school-issued document, including a school ID, school
record, or transcript.
(2) A W-2 or a 1099 tax form.
(3) A State or Federal court document.
(4) A medical insurance policy identification card or
medical record.
(5) A United States military ID or United States military
dependent ID.
(6) An employee ID or other employee record.
(7) A vehicle registration or title.
(8) A Certificate of Degree of Indian Blood.
(9) A State or local government ID.
(10) A doctor or hospital bill.
(11) A utility bill.
(12) A consular ID card.
(13) A paycheck or paycheck stub.
(b) 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 the minor.
(c) 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.
(d) Technical Assistance and Grants.--The Department of Justice is
authorized to provide technical assistance and grants to States to
encourage the States to remove existing barriers and support human
trafficking survivors and homeless youth with access to personal
identification documents by--
(1) 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) 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) 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) 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) the head, or the designee of the head, of a
shelter funded by the Department of Housing and Urban
Development;
(E) 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) a local, State, Federal, or Tribal law
enforcement officer; or
(G) a local, State, Federal, or Tribal government
official with responsibility for issuing personal
identification documents;
(2) 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) 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. CYBERCRIME.
Subject to the availability of appropriations, 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 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.
SEC. 405. OFFICE OF COUNTER-TRAFFICKING.
(a) In General.--Section 102 of title 49, United States Code, is
amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
``(h) Office of Counter-Trafficking.--
``(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.
``(2) Functions.--The Office shall--
``(A) collaborate with other entities of the
Department to articulate the vision and priorities for
anti-trafficking efforts, including grants;
``(B) expand the Transportation Leaders Against
Human Trafficking initiative;
``(C) facilitate stronger public-private
partnerships to combat human trafficking;
``(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;
``(E) create and oversee an online portal to permit
transportation stakeholders to track data on measurable
counter-trafficking initiatives; and
``(F) coordinate with the Department of State to
establish transportation-based counter-trafficking
programs across North America and around the world.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Office of Counter-Trafficking of the Department of
Transportation $1,000,000 for each of the fiscal years 2023 through
2027, which shall be used--
(1) to educate and train transportation personnel on how to
identify and stop human trafficking;
(2) to raise awareness among transportation personnel and
the traveling public on recognizing and reporting human
trafficking;
(3) to conduct research or collect data on trafficking
within the transportation sector; and
(4) 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. TIP ORGANIZATIONS.
Section 524(c)(1) of title 28, United States Code, is amended--
(1) in subparagraph (H), by striking ``and'' at the end;
(2) in subparagraph (I), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(J) at the discretion of the Attorney General, payments
to reimburse operating expenses and program costs incurred by
crime-tip organizations that--
``(i) annually waive their qualification for--
``(I) awards for information leading to
forfeiture under subparagraph (C); and
``(II) receiving payment from equitably
shared forfeiture funds; and
``(ii) offer rewards for information about
violations of Federal criminal laws prohibiting human
trafficking.''.
SEC. 407. DATA COLLECTION.
(a) Disaggregated Data.--The Department of Justice shall collect
and submit to Congress--
(1) disaggregated data regarding the number of victims
trafficked by third parties and by family members;
(2) disaggregated data regarding victims trafficked by
victim age; and
(3) disaggregated data regarding victims trafficked by the
type of trafficking (labor, sex, labor and sex, or unknown).
(b) Continued Presence Data.--
(1) In general.--The data described in paragraph (2),
disaggregated by type of trafficking (labor, sex, labor and
sex, or unknown)--
(A) 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) should be included in reports from any Federal,
State, Tribal, or local agency that receives Federal
counter trafficking in persons funding; and
(C) 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) Data described.--The data described in this paragraph
are the following:
(A)(i) The number of requests for continued
presence that were received from, or on behalf of,
potential trafficking victims.
(ii) For each request referred to in clause (i),
whether the request was filed or was not filed.
(iii) For each request that was filed, whether the
request was approved or denied.
(B) In each applicable case--
(i) the month and year when the continued
presence request was filed;
(ii) if the continued presence request was
not filed, the reasons for such failure to
file; and
(iii) if the continued presence request was
denied, the reasons for such denial.
(C) For each potential human trafficking case
described in subparagraph (A)--
(i) whether or not an investigation was
initiated into the case; and
(ii) if an investigation was not initiated,
the reasons for such failure to investigate.
(D) 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) In each applicable case--
(i) the month and year when the T visa
certification request for approval was
submitted; and
(ii) if such request was denied, the
reasons for such denial.
(F) 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.
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) 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) 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) 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) 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) 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) 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.
(a) Department of Justice.--
(1) 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) 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) Department of Homeland Security.--
(1) 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) 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.
Section 442 of the Homeland Security Act of 2002 (6 U.S.C. 252) is
amended by adding at the end the following:
``(d) Homeland Security Investigations Victim Assistance Program.--
``(1) In general.--There is established within Homeland
Security Investigations of U.S. Immigration and Customs
Enforcement a Victim Assistance Program.
``(2) Functions.--The Victim Assistance Program established
under paragraph (1) shall--
``(A) provide oversight, guidance, training,
travel, equipment, and coordination to victim
assistance personnel nationwide;
``(B) locate, at a minimum--
``(i) a forensic interview specialist and a
victim assistance specialist in each office of
the Special Agent in Charge of Homeland
Security Investigations;
``(ii) a victim assistance specialist in
each office of Homeland Security Investigations
participating in a human trafficking task
force;
``(iii) a victim assistance specialist in
each regional attache office of Homeland
Security Investigations; and
``(iv) a victim assistance specialist in
each office of Homeland Security Investigations
participating in a child sexual exploitation
task force; and
``(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.
``(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.
(a) Amendment.--Chapter 33 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 540D. Multidisciplinary teams
``(a) Definition.--In this section, the term `child sexual abuse
investigation' includes an investigation of child sexual abuse
material.
``(b) Multidisciplinary Teams Required.--
``(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).
``(2) Child advocacy centers.--The Director--
``(A) may work with local child advocacy centers to
provide appropriate multidisciplinary investigations of
child sexual abuse and other investigations; and
``(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.
``(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--
``(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
``(B) special agents and other employees of the
Federal Bureau of Investigation are made aware of the
existence of such memoranda and its purposes.
``(c) Purposes.--The purposes of each multidisciplinary team
maintained under subsection (b) shall be as follows:
``(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.
``(2) To provide for and enhance collaborative efforts
among such team and other appropriate personnel regarding
investigations into the abuse.
``(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.
``(4) To carry out other duties regarding the response to
child sexual abuse investigations.
``(d) Personnel.--
``(1) In general.--Each multidisciplinary team maintained
under subsection (b) shall be composed of the following:
``(A) Appropriate investigative personnel.
``(B) Appropriate mental health professionals.
``(C) Appropriate medical personnel.
``(D) Family advocacy case workers.
``(E) Child advocacy center personnel.
``(F) Appropriate prosecutors.
``(2) Expertise and training.--
``(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.
``(B) Requirement.--The training and expertise
required under subparagraph (A) shall include training
and expertise on special victims' crimes, including
child sexual abuse.
``(e) Sharing of Information.--
``(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.
``(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.
``(3) Security clearances.--
``(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.
``(B) Authorization of appropriations.--There is
authorized to be appropriated such sums as are
necessary to carry out subparagraph (A).
``(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.
``(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--
``(1) share information about case progress;
``(2) address any investigative or prosecutorial barriers;
and
``(3) ensure that victims receive support and needed
treatment.
``(h) Availability of Victim Advocates.--The Director shall make
victim advocates available to all reporting victims.''.
(b) 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:
``540D. Multidisciplinary teams.''.
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