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117TH CONGRESS
2D SESSION
S. 3946
AN ACT
To reauthorize the Trafficking Victims Protection Act of
2017, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
2
1 SECTION 1. SHORT TITLE.
2 This Act may be cited as the ‘‘Abolish Trafficking
3 Reauthorization Act of 2022’’.
4 SEC. 2. TABLE OF CONTENTS.
5 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 PREVEN-
TION AND ASSISTANCE FOR VICTIMS OF HUMAN TRAFFICKING
Sec. 101. Grants for specialized human trafficking training and technical as-
sistance for service providers.
Sec. 102. Technical and clarifying update to civil remedy.
Sec. 103. Ensuring protection and confidentiality for survivors of human traf-
ficking.
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.
6 SEC. 3. DEFINITIONS.
7 In this Act:
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1 (1) COMPUTER.—The term ‘‘computer’’ in-
2 cludes a computer network and any interactive elec-
3 tronic device.
4 (2) CYBERCRIME AGAINST INDIVIDUALS.—The
5 term ‘‘cybercrime against individuals’’ has the mean-
6 ing given that term in section 1401(a) Violence
7 Against Women Act Reauthorization Act of 2022
8 (34 U.S.C. 30107(a)).
9 (3) HOMELESS YOUTH.—The term ‘‘homeless
10 youth’’ has the meaning given the term ‘‘homeless
11 children and youths’’ in section 725 of the McKin-
12 ney-Vento Homeless Assistance Act (42 U.S.C.
13 11434a).
14 TITLE I—GRANTS RELATING TO
15 HUMAN TRAFFICKING PRE-
16 VENTION AND ASSISTANCE
17 FOR VICTIMS OF HUMAN
18 TRAFFICKING
19 SEC. 101. GRANTS FOR SPECIALIZED HUMAN TRAFFICKING
20 TRAINING AND TECHNICAL ASSISTANCE FOR
21 SERVICE PROVIDERS.
22 (a) IN GENERAL.—Section 111(c)(1) of the Violence
23 Against Women and Department of Justice Reauthoriza-
24 tion Act of 2005 (34 U.S.C. 20708(c)(1)) is amended by
25 inserting ‘‘, which may include programs to build law en-
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1 forcement capacity to identify and respond to human traf-
2 ficking that are funded through the Office of Community
3 Oriented Policing Services of the Department of Justice,
4 such as the Interdiction for the Protection of Children
5 Program’’ before the semicolon.
6 (b) CONFORMING AMENDMENT.—Section
7 107(c)(4)(A) of the Victims of Trafficking and Violence
8 Protection Act of 2000 (22 U.S.C. 7105(c)(4)(A)) is
9 amended by inserting ‘‘in order to fulfill the purposes de-
10 scribed in section 111 of the Violence Against Women and
11 Department of Justice Reauthorization Act of 2005 (34
12 U.S.C. 20708)’’ before the period at the end.
13 SEC. 102. TECHNICAL AND CLARIFYING UPDATE TO CIVIL
14 REMEDY.
15 Section 1595(a) of title 18, United States Code, is
16 amended by inserting ‘‘or attempts or conspires to ben-
17 efit,’’ after ‘‘whoever knowingly benefits,’’.
18 SEC. 103. ENSURING PROTECTION AND CONFIDENTIALITY
19 FOR SURVIVORS OF HUMAN TRAFFICKING.
20 The Trafficking Victims Protection Act of 2000 (22
21 U.S.C. 7101 et seq.) is amended by adding at the end
22 the following:
23 ‘‘SEC. 114. ENSURING PROTECTION AND CONFIDENTIALITY
24 FOR SURVIVORS OF HUMAN TRAFFICKING.
25 ‘‘(a) DEFINITIONS.—In this section—
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1 ‘‘(1) the term ‘covered grant’ means a grant
2 from the Attorney General or the Secretary of
3 Health and Human Services under section 106(b),
4 107(b), or 107(f); and
5 ‘‘(2) the term ‘covered recipient’ means a grant-
6 ee or subgrantee receiving funds under a covered
7 grant.
8 ‘‘(b) GRANT CONDITIONS.—Covered grants and cov-
9 ered recipients shall be subject, at the election of the At-
10 torney General or the Secretary of Health and Human
11 Services, as applicable, to—
12 ‘‘(1) the conditions under section 40002(b)(2)
13 of the Violence Against Women Act of 1994 (34
14 U.S.C. 12291(b)(2)) that apply with respect to
15 grants under such Act and grantees and subgrantees
16 for such grants; or
17 ‘‘(2) the conditions under section 306(c)(5) of
18 the Family Violence Prevention and Services Act (42
19 U.S.C. 10406(c)(5)) that apply with respect to
20 grants under such Act and grantees and subgrantees
21 for such grants.
22 ‘‘(c) DEPARTMENT OF JUSTICE-SPONSORED RE-
23 SEARCH.—Nothing in this section shall be construed to
24 prohibit a covered recipient from sharing personally identi-
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1 fying information with researchers seeking the information
2 for the purposes of conducting research—
3 ‘‘(1) that is funded by the Department of Jus-
4 tice;
5 ‘‘(2) for which protections are in place in ac-
6 cordance with the requirements under part 22 of
7 title 28, Code of Federal Regulations, or any suc-
8 cessor thereto, and section 812(a) of the Omnibus
9 Crime Control and Safe Streets Act of 1968 (34
10 U.S.C. 10231(a)); and
11 ‘‘(3) for which a current privacy certificate is
12 on file documenting how the researchers intend to
13 fulfill the obligations under such part 22.’’.
14 SEC. 104. GRANTS FOR STATE IMPROVEMENTS.
15 (a) ENHANCING THE ABILITY OF STATE, LOCAL,
16 AND TRIBAL CHILD WELFARE AGENCIES TO IDENTIFY
17 AND RESPOND TO CHILDREN WHO ARE, OR ARE AT RISK
18 OF BEING, VICTIMS OF TRAFFICKING.—
19 (1) IN GENERAL.—Title II of the Trafficking
20 Victims Protection Reauthorization Act of 2005 (34
21 U.S.C. 20701 et seq.) is amended by inserting after
22 section 204 the following:
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1 ‘‘SEC. 204A. ENHANCING THE ABILITY OF STATE, LOCAL,
2 AND TRIBAL CHILD WELFARE AGENCIES TO
3 IDENTIFY AND RESPOND TO CHILDREN WHO
4 ARE, OR ARE AT RISK OF BEING, VICTIMS OF
5 TRAFFICKING.
6 ‘‘(a) GRANTS TO ENHANCE CHILD WELFARE SERV-
7 ICES.—The Secretary of Health and Human Services may
8 make grants to eligible States to develop, improve, or ex-
9 pand programs that assist State, local, or Tribal child wel-
10 fare agencies with identifying and responding to—
11 ‘‘(1) children considered victims of ‘child abuse
12 and neglect’ and of ‘sexual abuse’ under the applica-
13 tion of section 111(b)(1) of the Child Abuse Preven-
14 tion and Treatment Act (42 U.S.C. 5106g(b)(1)) be-
15 cause of being identified as being a victim or at risk
16 of being a victim of a severe form of trafficking in
17 persons; and
18 ‘‘(2) children over whom such agencies have re-
19 sponsibility for placement, care, or supervision and
20 for whom there is reasonable cause to believe are, or
21 are at risk of being a victim of 1 or more severe
22 forms of trafficking in persons.
23 ‘‘(b) DEFINITIONS.—In this section:
24 ‘‘(1) CHILD.—The term ‘child’ means an indi-
25 vidual who has not attained 18 years of age or such
26 older age as the State has elected under section
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1 475(8) of the Social Security Act (42 U.S.C.
2 675(8)). At the option of an eligible State, such
3 term may include an individual who has not attained
4 26 years of age.
5 ‘‘(2) ELIGIBLE STATE.—The term ‘eligible
6 State’ means a State that has not received more
7 than 3 grants under this section and meets 1 or
8 more of the following criteria:
9 ‘‘(A) ELIMINATION OF THIRD PARTY CON-
10 TROL REQUIREMENT.—The State has elimi-
11 nated or will eliminate any requirement relating
12 to identification of a controlling third party who
13 causes a child to engage in a commercial sex
14 act in order for the child to be considered a vic-
15 tim of trafficking or a victim of 1 or more se-
16 vere forms of trafficking in persons for pur-
17 poses of accessing child welfare services and
18 care.
19 ‘‘(B) APPLICATION OF STANDARD FOR
20 HUMAN TRAFFICKING.—The State considers a
21 child to be a victim of trafficking if the indi-
22 vidual is a victim of a severe form of trafficking
23 in persons, as described in subparagraph (A) of
24 section 103(11) of the Trafficking Victims Pro-
25 tection Act of 2000 (22 U.S.C. 7102(11)).
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1 ‘‘(C) DEVELOPMENT AND IMPLEMENTA-
2 TION OF STATE CHILD WELFARE PLAN PROTO-
3 COLS.—The State agency responsible for ad-
4 ministering the State plan for foster care and
5 adoption assistance under part E of title IV of
6 the Social Security Act (42 U.S.C. 670 et seq.)
7 has developed and is implementing or will de-
8 velop and implement protocols that meet the
9 following reporting requirements:
10 ‘‘(i) The requirement to report imme-
11 diately, and in no case later than 24 hours
12 after receiving, information on children
13 who have been identified as being a victim
14 of a severe form of trafficking in persons
15 to law enforcement authorities under para-
16 graph (34)(A) of section 471(a) of the So-
17 cial Security Act (42 U.S.C. 671(a)).
18 ‘‘(ii) The requirement to report imme-
19 diately, and in no case later than 24 hours
20 after receiving, information on missing or
21 abducted children to law enforcement au-
22 thorities, including children classified as
23 ‘runaways’, for entry into the National
24 Crime Information Center (NCIC) data-
25 base of the Federal Bureau of Investiga-
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1 tion, and to the National Center for Miss-
2 ing and Exploited Children, under para-
3 graph (35)(B) of such section.
4 ‘‘(iii) The requirement to report to the
5 Secretary of Health and Human Services
6 the total number of children who are vic-
7 tims of child human trafficking under
8 paragraph (34)(B) of such section.
9 ‘‘(D) TRAFFICKING-SPECIFIC PROTOCOL.—
10 The State has developed and implemented or
11 will develop and implement a specialized pro-
12 tocol for responding to a child who is, or is at
13 risk of being, a trafficking victim to ensure the
14 response focuses on the child’s specific safety
15 needs as a victim of trafficking, and that in-
16 cludes the development and use of an alter-
17 native mechanism for investigating and re-
18 sponding to cases of child human trafficking in
19 which the alleged offender is not the child’s
20 parent or caregiver without utilizing existing
21 processes for investigating and responding to
22 other forms of child abuse or neglect that re-
23 quire the filing of an abuse or neglect petition.
24 ‘‘(3) INDIAN TRIBE; TRIBAL ORGANIZATION.—
25 The term ‘Indian tribe’ and ‘tribal organization’
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1 have the meanings given those terms in section 4 of
2 the Indian Self-Determination and Education Assist-
3 ance Act (25 U.S.C. 5304).
4 ‘‘(4) STATE.—The term ‘State’ means each of
5 the 50 States, the District of Columbia, the Com-
6 monwealth of Puerto Rico, the United States Virgin
7 Islands, Guam, American Samoa, and the Common-
8 wealth of the Northern Mariana Islands. Such term
9 includes an Indian tribe, tribal organization, or trib-
10 al consortium with a plan approved under section
11 479B of the Social Security Act (42 U.S.C. 679c),
12 or which is receiving funding to provide foster care
13 under part E of title IV of such Act pursuant to a
14 cooperative agreement or contract with a State.’’.
15 (2) CONFORMING AMENDMENT.—The table of
16 contents for the Trafficking Victims Protection Re-
17 authorization Act of 2005 (Public Law 109–164; 22
18 U.S.C. 7101 note) is amended by inserting after the
19 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.’’.
20 (b) FUNDING.—Section 113(b) of the Trafficking
21 Victims Protection Act of 2000 (22 U.S.C. 7110(b)) is
22 amended by adding at the end the following:
23 ‘‘(3) GRANTS FOR STATE IMPROVEMENTS.—To
24 carry out the purposes of section 204A of the Traf-
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1 ficking Victims Protection Reauthorization Act of
2 2005, there are authorized to be appropriated
3 $4,000,000 to the Secretary of Health and Human
4 Services for each of fiscal years 2022 through
5 2027.’’.
6 (c) SENSE OF CONGRESS REGARDING HEALTH CARE
7 PROFESSIONALS AND TRAFFICKING PREVENTION.—It is
8 the sense of Congress that health care and social service
9 licensing boards and professional membership associations
10 should facilitate access to trafficking-specific training
11 guided by the Department of Health and Human Service’s
12 Core Competencies for Human Trafficking Response in
13 Health Care and Behavioral Health Systems on—
14 (1) the scope and signs of human trafficking
15 and child sexual abuse that present in the applicable
16 health care, behavioral health, or social services set-
17 tings;
18 (2) how to interact with potential victims of
19 trafficking (as defined in section 103 of the Traf-
20 ficking Victims Protection Act of 2000 (22 U.S.C.
21 7102)) and with survivors of human trafficking,
22 using an age-appropriate, gender-responsive, cul-
23 turally and linguistically appropriate, and trauma-in-
24 formed approach; and
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1 (3) the manner in which to respond to victims
2 and potential victims of trafficking or child sexual
3 exploitation and abuse.
4 SEC. 105. ADDITIONAL REAUTHORIZATION.
5 (a) AIRPORT PERSONNEL TRAINING TO IDENTIFY
6 AND REPORT HUMAN TRAFFICKING VICTIMS.—Section
7 303 of the Frederick Douglass Trafficking Victims Pre-
8 vention and Protection Reauthorization Act of 2018 (Pub-
9 lic Law 115–425; 132 Stat. 5488) is amended by striking
10 ‘‘2018 through 2021’’ and inserting ‘‘2022 through
11 2027’’.
12 (b) HERO CORPS HIRING.—Section 890A(g)(2) of
13 the Homeland Security Act of 2002 (6 U.S.C. 473(g)(2))
14 is amended by striking ‘‘2019 through 2022’’ and insert-
15 ing ‘‘2022 through 2027’’.
16 (c) REAUTHORIZING THE SPECIAL ASSESSMENT AND
17 ENSURING FULL FUNDING FOR THE DOMESTIC TRAF-
18 FICKING VICTIMS’ FUND.—Section 3014 of title 18,
19 United States Code, is amended—
20 (1) in subsection (a), in the matter preceding
21 paragraph (1), by striking ‘‘and ending on December
22 16, 2022’’; and
23 (2) in subsection (e)(1)—
24 (A) in the matter preceding subparagraph
25 (A), by striking ‘‘2023’’ and inserting ‘‘2027’’;
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1 (B) in subparagraph (A), by striking ‘‘(42
2 U.S.C. 14044c)’’ and inserting ‘‘(34 U.S.C.
3 20705)’’;
4 (C) in subparagraph (C), by striking ‘‘(42
5 U.S.C. 13002(b))’’ and inserting ‘‘(34 U.S.C.
6 20304)’’; and
7 (D) in subparagraph (D), by striking ‘‘(42
8 U.S.C. 17616)’’ and inserting ‘‘(34 U.S.C.
9 21116)’’.
10 (d) EXTENSION OF ANTI-TRAFFICKING GRANT PRO-
11 GRAMS.—The Trafficking Victims Protection Act of 2000
12 (22 U.S.C. 7101 et seq.) is amended—
13 (1) in section 112A(b)(4) (22 U.S.C.
14 7109a(b)(4)), by striking ‘‘2018 through 2021’’ and
15 inserting ‘‘2022 through 2027’’;
16 (2) in section 112B(d) (22 U.S.C. 7109b(d)) is
17 amended by striking ‘‘2008 through 2011’’ and in-
18 serting ‘‘2022 through 2027’’; and
19 (3) in section 113 (22 U.S.C. 7110)—
20 (A) in subsection (b)(2), by striking ‘‘2018
21 through 2021’’ and inserting ‘‘2022 through
22 2027’’;
23 (B) in subsection (d)(3), by striking ‘‘2018
24 through 2021’’ and inserting ‘‘2022 through
25 2027’’; and
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1 (C) in subsection (e)(3), by striking ‘‘2008
2 through 2011’’ and inserting ‘‘2022 through
3 2027’’.
4 (e) GRANTS FOR RAPE, ABUSE & INCEST NATIONAL
5 NETWORK.—Section 628(d) of the Adam Walsh Child
6 Protection and Safety Act of 2006 (34 U.S.C. 20985(d))
7 is amended by striking ‘‘fiscal years 2007 through 2010’’
8 and inserting ‘‘fiscal years 2022 through 2027’’.
9 SEC. 106. REDESIGNATIONS.
10 (a) GRANTS FOR SPECIALIZED HUMAN TRAFFICKING
11 TRAINING AND TECHNICAL ASSISTANCE FOR SERVICE
12 PROVIDERS.—Section 111 of the Violence Against Women
13 and Department of Justice Reauthorization Act of 2005
14 (34 U.S.C. 20708) is redesignated as section 208 of the
15 Trafficking Victims Protection Reauthorization Act of
16 2005 and transferred so as to appear after section 207
17 of the Trafficking Victims Protection Reauthorization Act
18 of 2005.
19 (b) ADDITIONAL PROVISIONS.—
20 (1) JUSTICE FOR VICTIMS OF TRAFFICKING ACT
21 OF 2015.—Sections 114, 119, and 606 of the Justice
22 for Victims of Trafficking Act of 2015 (34 U.S.C.
23 20709, 20710, 20711) are redesignated as sections
24 209, 210, and 211, respectively, of the Trafficking
25 Victims Protection Reauthorization Act of 2005 and
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1 transferred so as to appear after section 208 of the
2 Trafficking Victims Protection Reauthorization Act
3 of 2005, as so redesignated and transferred by sub-
4 section (a) of this section.
5 (2) ABOLISH HUMAN TRAFFICKING ACT OF
6 2017.—Section 7 of the Abolish Human Trafficking
7 Act of 2017 (34 U.S.C. 20709a) is redesignated as
8 section 212 of the Trafficking Victims Protection
9 Reauthorization Act of 2005 and transferred so as
10 to appear after section 211 of the Trafficking Vic-
11 tims Protection Reauthorization Act of 2005, as so
12 redesignated and transferred by paragraph (1) of
13 this subsection.
14 (3) TRAFFICKING VICTIMS PROTECTION ACT OF
15 2017.—Sections 501 and 504 of the Trafficking Vic-
16 tims Protection Act of 2017 (34 U.S.C. 20709b,
17 20709c) are redesignated as sections 213 and 214,
18 respectively, of the Trafficking Victims Protection
19 Reauthorization Act of 2005 and transferred so as
20 to appear after section 212 of the Trafficking Vic-
21 tims Protection Reauthorization Act of 2005, as so
22 redesignated and transferred by paragraph (2) of
23 this subsection.
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1 TITLE II—COMPENSATION OF
2 VICTIMS OF HUMAN TRAF-
3 FICKING
4 SEC. 201. BANKRUPTCY.
5 Section 523(a) of title 11, United States Code, is
6 amended—
7 (1) in paragraph (18), by striking ‘‘or’’ at the
8 end;
9 (2) in paragraph (19), by striking the period at
10 the end and inserting ‘‘; or’’; and
11 (3) by inserting after paragraph (19) the fol-
12 lowing:
13 ‘‘(20) for injury to an individual by the debtor relat-
14 ing to a violation of chapter 77 of title 18, including injury
15 caused by an instance in which the debtor knowingly bene-
16 fitted financially, or by receiving anything of value, from
17 participation in a venture that the debtor knew or should
18 have known engaged in an act in violation of chapter 77
19 of title 18.’’.
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1 TITLE III—CYBER HARASSMENT
2 PREVENTION
3 Subtitle A—Cybercrime Statistics
4 SEC. 311. NATIONAL STRATEGY, CLASSIFICATION, AND RE-
5 PORTING ON CYBERCRIME.
6 (a) NATIONAL STRATEGY.—The Attorney General, in
7 consultation with the Secretary of Homeland Security,
8 shall develop a national strategy, which shall be developed
9 to supplement, not duplicate, the National Strategy to
10 Combat Human Trafficking and the National Strategy for
11 Child Exploitation Prevention and Interdiction of the De-
12 partment of Justice, to—
13 (1) reduce the incidence of cybercrimes against
14 individuals;
15 (2) coordinate investigations of cybercrimes
16 against individuals by Federal law enforcement
17 agencies; and
18 (3) increase the number of Federal prosecutions
19 of cybercrimes against individuals.
20 (b) REPORTING ON CYBERCRIME TAXONOMY.—Sec-
21 tion 3(c) of the Better Cybercrime Metrics Act (34 U.S.C.
22 30109 note) is amended, in the matter preceding para-
23 graph (1), by inserting ‘‘, which shall include the Com-
24 mittee on the Judiciary of the Senate and the Committee
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1 on the Judiciary of the House of Representatives,’’ after
2 ‘‘committees of Congress’’.
3 Subtitle B—Prioritizing Online
4 Threat Enforcement
5 SEC. 321. IMPROVED INVESTIGATIVE AND FORENSIC RE-
6 SOURCES FOR ENFORCEMENT OF LAWS RE-
7 LATED TO CYBERCRIMES AGAINST INDIVID-
8 UALS.
9 Subject to the availability of appropriations to carry
10 out this section, the Attorney General, in consultation with
11 the Director of the Federal Bureau of Investigation and
12 the Secretary of Homeland Security, including the Execu-
13 tive Associate Director of Homeland Security Investiga-
14 tions, shall, with respect to cybercrimes against individ-
15 uals—
16 (1) ensure that there are not fewer than 10 ad-
17 ditional operational agents of the Federal Bureau of
18 Investigation designated to support the Criminal Di-
19 vision of the Department of Justice in the investiga-
20 tion and coordination of cybercrimes against individ-
21 uals;
22 (2) ensure that each office of a United States
23 Attorney designates at least 1 Assistant United
24 States Attorney as responsible for investigating and
25 prosecuting cybercrimes against individuals; and
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1 (3) ensure the implementation of a regular and
2 comprehensive training program—
3 (A) the purpose of which is to train agents
4 of the Federal Bureau of Investigation in the
5 investigation and prosecution of such crimes
6 and the enforcement of laws related to
7 cybercrimes against individuals; and
8 (B) that includes relevant forensic training
9 related to investigating and prosecuting
10 cybercrimes against individuals.
11 SEC. 322. REPORT.
12 (a) IN GENERAL.—Not later than 1 year after the
13 date on which the National Academy of Sciences submits
14 the report required under section 3(c) of the Better
15 Cybercrime Metrics Act (34 U.S.C. 30109 note), and once
16 each year thereafter, the Director of the Office for Victims
17 of Crime shall submit a report to the Committee on the
18 Judiciary of the Senate and the Committee on the Judici-
19 ary of the House of Representatives that addresses, to the
20 extent data are available, the nature, extent, and amount
21 of funding under the Victims of Crime Act of 1984 (34
22 U.S.C. 20101 et seq.) for victims of cybercrimes against
23 individuals.
24 (b) CONTENTS.—The report required under sub-
25 section (a) shall include—
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1 (1) an analysis of victims’ assistance, victims’
2 compensation, and discretionary grants under which
3 victims of cybercrimes against individuals received
4 assistance; and
5 (2) recommendations for improving services for
6 victims of cybercrimes against individuals.
7 SEC. 323. INFORMATION SHARING.
8 (a) RECIPROCAL INFORMATION SHARING.—
9 (1) IN GENERAL.—Subtitle I of title VIII of the
10 Homeland Security Act of 2002 (6 U.S.C. 481 et
11 seq.) is amended—
12 (A) by striking sections 895 through 899;
13 and
14 (B) by adding at the end the following:
15 ‘‘SEC. 895. RECIPROCAL INFORMATION SHARING.
16 ‘‘Acting in accordance with a bilateral or multilateral
17 arrangement, the Secretary, in the Secretary’s discretion
18 and on the basis of reciprocity, may provide information
19 from the National Sex Offender Registry relating to a con-
20 viction for a sex offense against a minor (as such terms
21 are defined in section 111 of the Adam Walsh Child Pro-
22 tection and Safety Act of 2006 (34 U.S.C. 20911)) to a
23 foreign government upon the request of the foreign gov-
24 ernment, and may receive comparable information from
25 the foreign government.’’.
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1 (2) CONFORMING AMENDMENT.—The table of
2 contents in section 1(b) of the Homeland Security
3 Act of 2002 (Public Law 107–296; 116 Stat. 2135)
4 is amended by striking the items relating to sections
5 895 through 899 and inserting the following:
‘‘Sec. 895. Reciprocal information sharing.’’.
6 (3) RULE OF CONSTRUCTION.—Nothing in the
7 amendments made by this subsection shall be con-
8 strued to effect the amendments made by sections
9 895 through 899 of the Homeland Security Act of
10 2002 (Public Law 107–296; 116 Stat. 2256).
11 (b) CLARIFICATION WITH RESPECT TO CONTINUING
12 REGISTRATION.—Section 240(b) of William Wilberforce
13 Trafficking Victims Protection Reauthorization Act of
14 2008 (22 U.S.C. 212b(b)) is amended by adding at the
15 end the following:
16 ‘‘(3) CLARIFICATION WITH RESPECT TO CON-
17 TINUING REGISTRATION.—An individual may not be
18 issued or reissued a passport without a unique iden-
19 tifier solely because the individual has moved or oth-
20 erwise resides outside the United States.’’.
21 SEC. 324. TRAINING AND TECHNICAL ASSISTANCE FOR
22 STATES.
23 The Attorney General, in consultation with the Sec-
24 retary of Homeland Security, the Director of the United
25 States Secret Service, the Executive Associate Director of
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1 Homeland Security Investigations, and nongovernmental
2 and survivor stakeholders, shall create, compile, evaluate,
3 and disseminate materials and information, and provide
4 the necessary training and technical assistance, to assist
5 States and units of local government in—
6 (1) investigating, prosecuting, pursuing, pre-
7 venting, understanding, and mitigating the impact
8 of—
9 (A) physical, sexual, and psychological
10 abuse of cybercrime victims, including victims
11 of human trafficking that is facilitated by inter-
12 active computer services;
13 (B) exploitation of cybercrime victims; and
14 (C) deprioritization of cybercrime; and
15 (2) assessing, addressing, and mitigating the
16 physical and psychological trauma to victims of
17 cybercrime.
18 TITLE IV—OTHER FEDERAL IM-
19 PROVEMENTS RELATING TO
20 HUMAN TRAFFICKING
21 SEC. 401. CYBERCRIME.
22 Subject to the availability of appropriations, and in
23 accordance with the comparable level of the General
24 Schedule, the Attorney General and the Secretary of
25 Homeland Security shall provide incentive pay, in an
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1 amount that is not more than 25 percent of the basic pay
2 of the individual, to an individual appointed to a position
3 in the Department of Justice (including the Federal Bu-
4 reau of Investigation) or the Department of Homeland Se-
5 curity (including positions in Homeland Security Inves-
6 tigations), respectively, requiring significant cyber skills,
7 including to aid in—
8 (1) the protection of trafficking victims;
9 (2) the prevention of trafficking in persons; or
10 (3) the prosecution of technology-facilitated
11 crimes against children by buyers or traffickers in
12 persons.
13 SEC. 402. ELIMINATION OF BARRIERS.
14 (a) MINORS.—A Federal agency may not require a
15 survivor of human trafficking who is less than 18 years
16 of age or a homeless youth to obtain the consent or signa-
17 ture of the parent or guardian of the survivor or homeless
18 youth to receive a copy of a Government-issued identity
19 card issued to the survivor or homeless youth.
20 (b) FEES.—A Federal agency may not charge a sur-
21 vivor of human trafficking or a homeless youth a fee to
22 obtain a copy of a Government-issued identity card issued
23 to the survivor or homeless youth.
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25
1 SEC. 403. TIP ORGANIZATIONS.
2 Section 524(c)(1) of title 28, United States Code, is
3 amended—
4 (1) in subparagraph (H), by striking ‘‘and’’ at
5 the end;
6 (2) in subparagraph (I), by striking the period
7 at the end and inserting ‘‘; and’’; and
8 (3) by adding at the end the following new sub-
9 paragraph:
10 ‘‘(J) at the discretion of the Attorney General,
11 payments to reimburse operating expenses and pro-
12 gram costs incurred by crime-tip organizations
13 that—
14 ‘‘(i) annually waive their qualification
15 for—
16 ‘‘(I) awards for information leading to
17 forfeiture under subparagraph (C); and
18 ‘‘(II) receiving payment from equi-
19 tably shared forfeiture funds; and
20 ‘‘(ii) offer rewards for information about
21 violations of Federal criminal laws prohibiting
22 human trafficking.’’.
23 SEC. 404. DATA COLLECTION.
24 Section 105(d)(7) of the Trafficking Victims Protec-
25 tion Act of 2000 (22 U.S.C. 7103(d)(7)) is amended—
26 (1) in subparagraph (Q)—
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26
1 (A) in clause (vii), by adding ‘‘and’’ at the
2 end; and
3 (B) in clause (viii), by striking ‘‘and’’ at
4 the end;
5 (2) in subparagraph (R), by striking ‘‘and’’ at
6 the end;
7 (3) in the first subparagraph (S), as added by
8 section 121(a) of the Frederick Douglass Trafficking
9 Victims Prevention and Protection Reauthorization
10 Act of 2018 (Public Law 115–425; 132 Stat. 5478),
11 by striking the period at the end and inserting a
12 semicolon;
13 (4) by redesignating the second subparagraph
14 (S), as added by section 7154(b) of the National De-
15 fense Authorization Act for Fiscal Year 2020 (Pub-
16 lic Law 116–92; 113 Stat. 2260), as subparagraph
17 (T);
18 (5) in subparagraph (T), as so redesignated, by
19 striking the period at the end and inserting a semi-
20 colon; and
21 (6) by adding at the end the following:
22 ‘‘(U) with respect to applications described
23 in subparagraph (B), (C), (D), or (F), when
24 available, if the application was denied, the rea-
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27
1 son for the denial and the length of time it took
2 for the denial to be issued; and
3 ‘‘(V) disaggregated data regarding—
4 ‘‘(i) the number of victims trafficked
5 by third parties and by family members;
6 ‘‘(ii) victims trafficked by victim age;
7 and
8 ‘‘(iii) victims trafficked by the type of
9 trafficking.’’.
10 SEC. 405. CUMULATIVE BIENNIAL REPORT ON DATA COL-
11 LECTION AND STATISTICS.
12 Not later than 280 days after the date of enactment
13 of this Act, and every 2 years thereafter, the Attorney
14 General and the Secretary of Health and Human Services
15 shall each submit to the Committee on the Judiciary and
16 the Committee on Health, Education, Labor, and Pen-
17 sions of the Senate and the Committee on the Judiciary
18 and the Committee on Energy and Commerce of the
19 House of Representatives the status of the required data
20 collection and reporting requirements of the Attorney Gen-
21 eral and the Secretary, respectively, related to trafficking,
22 which shall include the status of—
23 (1) the study required under section
24 201(a)(1)(B)(ii) of the Trafficking Victims Protec-
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1 tion Reauthorization Act of 2005 (34 U.S.C.
2 20701(a)(1)(B)(ii));
3 (2) the State reports required under section
4 237(b) of the William Wilberforce Trafficking Vic-
5 tims Protection Reauthorization Act of 2008 (34
6 U.S.C. 41309(b)) to be included in the Uniform
7 Crime Reporting Program and the National Inci-
8 dent-Based Reporting System;
9 (3) the report required under section
10 237(c)(1)(A) of the William Wilberforce Trafficking
11 Victims Protection Reauthorization Act of 2008
12 (Public Law 110–457; 122 Stat. 5084);
13 (4) the report required under section
14 237(c)(1)(B) of the William Wilberforce Trafficking
15 Victims Protection Reauthorization Act of 2008
16 (Public Law 110–457; 122 Stat. 5084);
17 (5) the report required under section
18 237(c)(1)(C) of the William Wilberforce Trafficking
19 Victims Protection Reauthorization Act of 2008
20 (Public Law 110–457; 122 Stat. 5084); and
21 (6) the comprehensive study required under sec-
22 tion 237(c)(2) of the William Wilberforce Traf-
23 ficking Victims Protection Reauthorization Act of
24 2008 (Public Law 110–457; 122 Stat. 5085).
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29
1 SEC. 406. FORCED LABOR REQUIREMENTS.
2 (a) DEPARTMENT OF JUSTICE.—
3 (1) IN GENERAL.—Not later than 2 years after
4 the date of enactment of this Act, the Attorney Gen-
5 eral shall establish a team of not less than 10 agents
6 within the Federal Bureau of Investigation to be as-
7 signed to exclusively investigate labor trafficking.
8 (2) AUTHORIZATION OF APPROPRIATIONS.—
9 There are authorized to be appropriated to carry out
10 paragraph (1) $2,000,000 for each of fiscal years
11 2022 to 2027, to remain available until expended.
12 (b) DEPARTMENT OF HOMELAND SECURITY.—
13 (1) IN GENERAL.—Not later than 2 years after
14 the date of enactment of this Act, the Secretary of
15 Homeland Security shall establish a team of not less
16 than 10 agents within the Center for Countering
17 Human Trafficking of the Department of Homeland
18 Security to be assigned to exclusively investigate
19 labor trafficking.
20 (2) AUTHORIZATION OF APPROPRIATIONS.—
21 There are authorized to be appropriated to carry out
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30
1 paragraph (1) $2,000,000 for each of fiscal years
2 2022 to 2027, to remain available until expended.
Passed the Senate December 20, 2022.
Attest:
Secretary.
† S 3946 ES
117TH CONGRESS
2D SESSION S. 3946
AN ACT
To reauthorize the Trafficking Victims Protection
Act of 2017, and for other purposes.
