One Hundred Seventeenth Congress of the United States of America
2d Session
Begun and held at the City of Washington on Monday, the third day of January, two thousand and twenty two
S. 3946
IN THE SENATE OF THE UNITED STATES
AN ACT
To reauthorize the Trafficking Victims Protection Act of 2017, and for other purposes.
Short title
This Act may be cited as the Abolish Trafficking Reauthorization Act of 2022
.
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. Grants for specialized human trafficking training and technical assistance for service providers.
Sec. 102. Technical and clarifying update to civil remedy.
Sec. 103. Ensuring protection and confidentiality for survivors of human trafficking.
Sec. 104. Grants for State improvements.
Sec. 105. Additional reauthorization.
Sec. 106. Redesignations.
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. Information sharing.
Sec. 324. Training and technical assistance for States.
TITLE IV—Other Federal improvements relating to human trafficking
Sec. 401. Cybercrime.
Sec. 402. Elimination of barriers.
Sec. 403. Tip organizations.
Sec. 404. Data collection.
Sec. 405. Cumulative biennial report on data collection and statistics.
Sec. 406. Forced labor requirements.
Definitions
In this Act:
Computer
The term computer includes a computer network and any interactive electronic device.
Cybercrime against individuals
The term cybercrime against individuals has the meaning given that term in section 1401(a) Violence Against Women Act Reauthorization Act of 2022 (34 U.S.C. 30107(a)).
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).
Grants relating to human trafficking prevention and assistance for victims of human trafficking
Grants for specialized human trafficking training and technical assistance for service providers
In general
Section 111(c)(1) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (34 U.S.C. 20708(c)(1)) is 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.
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.
Technical and clarifying update to civil remedy
Section 1595(a) of title 18, United States Code, is amended by inserting or attempts or conspires to benefit,
after whoever knowingly benefits,
.
Ensuring protection and confidentiality for survivors of human trafficking
The Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.) is amended by adding at the end the following:
Ensuring protection and confidentiality for survivors of human trafficking
Definitions
In this section—
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
the term covered recipient means a grantee or subgrantee receiving funds under a covered grant.
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—
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
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.
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—
that is funded by the Department of Justice;
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
for which a current privacy certificate is on file documenting how the researchers intend to fulfill the obligations under such part 22.
.
Grants for State improvements
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
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:
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
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—
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
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.
Definitions
In this section:
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.
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:
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.
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)).
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:
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)).
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.
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.
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.
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).
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.
.
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:
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.
.
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:
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.
.
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—
the scope and signs of human trafficking and child sexual abuse that present in the applicable health care, behavioral health, or social services settings;
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
the manner in which to respond to victims and potential victims of trafficking or child sexual exploitation and abuse.
Additional reauthorization
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 2022 through 2027
.
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
.
Reauthorizing the special assessment and ensuring full funding for the domestic trafficking victims’ fund
Section 3014 of title 18, United States Code, is amended—
in subsection (a), in the matter preceding paragraph (1), by striking and ending on December 16, 2022
; and
in subsection (e)(1)—
in the matter preceding subparagraph (A), by striking 2023
and inserting 2027
;
in subparagraph (A), by striking (42 U.S.C. 14044c)
and inserting (34 U.S.C. 20705)
;
in subparagraph (C), by striking (42 U.S.C. 13002(b))
and inserting (34 U.S.C. 20304)
; and
in subparagraph (D), by striking (42 U.S.C. 17616)
and inserting (34 U.S.C. 21116)
.
Extension of anti-Trafficking grant programs
The Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.) is amended—
in section 112A(b)(4) (22 U.S.C. 7109a(b)(4)), by striking 2018 through 2021
and inserting 2022 through 2027
;
in section 112B(d) (22 U.S.C. 7109b(d)) is amended by striking 2008 through 2011
and inserting 2022 through 2027
; and
in section 113 (22 U.S.C. 7110)—
in subsection (b)(2), by striking 2018 through 2021
and inserting 2022 through 2027
;
in subsection (d)(3), by striking 2018 through 2021
and inserting 2022 through 2027
; and
in subsection (e)(3), by striking 2008 through 2011
and inserting 2022 through 2027
.
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
.
Redesignations
Grants for specialized human trafficking training and technical assistance for service providers
Section 111 of the 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 Protection Reauthorization Act of 2005 and transferred so as to appear after section 207 of the Trafficking Victims Protection Reauthorization Act of 2005.
Additional provisions
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.
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.
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.
Compensation of victims of human trafficking
Bankruptcy
Section 523(a) of title 11, United States Code, is amended—
in paragraph (18), by striking or
at the end;
in paragraph (19), by striking the period at the end and inserting ; or
; and
by inserting after paragraph (19) the following:
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.
.
Cyber harassment prevention
Cybercrime statistics
National strategy, classification, and reporting on cybercrime
National strategy
The Attorney General, in consultation with the Secretary of Homeland Security, shall develop a national 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—
reduce the incidence of cybercrimes against individuals;
coordinate investigations of cybercrimes against individuals by Federal law enforcement agencies; and
increase the number of Federal prosecutions of cybercrimes against individuals.
Reporting on cybercrime taxonomy
Section 3(c) of the 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 the Senate and the Committee on the Judiciary of the House of Representatives,
after committees of Congress
.
Prioritizing online threat enforcement
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—
ensure that there are not 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;
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
ensure the implementation of a regular and comprehensive training program—
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
that includes relevant forensic training related to investigating and prosecuting cybercrimes against individuals.
Report
In general
Not later than 1 year after the date on which the National Academy of Sciences submits the report required under section 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.
Contents
The report required under subsection (a) shall include—
an analysis of victims’ assistance, victims’ compensation, and discretionary grants under which victims of cybercrimes against individuals received assistance; and
recommendations for improving services for victims of cybercrimes against individuals.
Information sharing
Reciprocal information sharing
In general
Subtitle I of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 481 et seq.) is amended—
by striking sections 895 through 899; and
by adding at the end the following:
Reciprocal information sharing
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.
.
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:
Sec. 895. Reciprocal information sharing.
.
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).
Clarification with respect to continuing registration
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 end the following:
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.
.
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, 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—
investigating, prosecuting, pursuing, preventing, understanding, and mitigating the impact of—
physical, sexual, and psychological abuse of cybercrime victims, including victims of human trafficking that is facilitated by interactive computer services;
exploitation of cybercrime victims; and
deprioritization of cybercrime; and
assessing, addressing, and mitigating the physical and psychological trauma to victims of cybercrime.
Other Federal improvements relating to human trafficking
Cybercrime
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—
the protection of trafficking victims;
the prevention of trafficking in persons; or
the prosecution of technology-facilitated crimes against children by buyers or traffickers in persons.
Elimination of barriers
Minors
A Federal agency may not require a survivor of human trafficking who is less than 18 years of age or a homeless youth to obtain the consent or signature of the parent or guardian of the survivor or homeless youth to receive a copy of a Government-issued identity card issued to the survivor or homeless youth.
Fees
A Federal agency may not charge a survivor of human trafficking or a homeless youth a fee to obtain a copy of a Government-issued identity card issued to the survivor or homeless youth.
Tip organizations
Section 524(c)(1) of title 28, United States Code, is amended—
in subparagraph (H), by striking and
at the end;
in subparagraph (I), by striking the period at the end and inserting ; and
; and
by adding at the end the following new subparagraph:
at the discretion of the Attorney General, payments to reimburse operating expenses and program costs incurred by crime-tip organizations that—
annually waive their qualification for—
awards for information leading to forfeiture under subparagraph (C); and
receiving payment from equitably shared forfeiture funds; and
offer rewards for information about violations of Federal criminal laws prohibiting human trafficking.
.
Data collection
Section 105(d)(7) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is amended—
in subparagraph (Q)—
in clause (vii), by adding and
at the end; and
in clause (viii), by striking and
at the end;
in subparagraph (R), by striking and
at the end;
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;
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);
in subparagraph (T), as so redesignated, by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
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
disaggregated data regarding—
the number of victims trafficked by third parties and by family members;
victims trafficked by victim age; and
victims trafficked by the type of trafficking.
.
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—
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));
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;
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);
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);
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
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).
Forced labor requirements
Department of Justice
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.
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.
Department of Homeland Security
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.
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.
Speaker of the House of Representatives
Vice President of the United States and President of the Senate
