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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3946 Engrossed in Senate (ES)]

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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.

    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 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. 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.

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'' has the meaning given that term in 
        section 1401(a) Violence Against Women Act Reauthorization Act 
        of 2022 (34 U.S.C. 30107(a)).
            (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).

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.

    (a) 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.
    (b) Conforming Amendment.--Section 107(c)(4)(A) of the Victims of 
Trafficking and Violence Protection Act of 2000 (22 U.S.C. 
7105(c)(4)(A)) is amended by inserting ``in order to fulfill the 
purposes described in section 111 of the Violence Against Women and 
Department of Justice Reauthorization Act of 2005 (34 U.S.C. 20708)'' 
before the period at the end.

SEC. 102. TECHNICAL AND CLARIFYING UPDATE TO CIVIL REMEDY.

    Section 1595(a) of title 18, United States Code, is amended by 
inserting ``or attempts or conspires to benefit,'' after ``whoever 
knowingly benefits,''.

SEC. 103. 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:

``SEC. 114. ENSURING PROTECTION AND CONFIDENTIALITY FOR SURVIVORS OF 
              HUMAN TRAFFICKING.

    ``(a) Definitions.--In this section--
            ``(1) the term `covered grant' means a grant from the 
        Attorney General or the Secretary of Health and Human Services 
        under section 106(b), 107(b), or 107(f); and
            ``(2) the term `covered recipient' means a grantee or 
        subgrantee receiving funds under a covered grant.
    ``(b) Grant Conditions.--Covered grants and covered recipients 
shall be subject, at the election of the Attorney General or the 
Secretary of Health and Human Services, as applicable, to--
            ``(1) the conditions under section 40002(b)(2) of the 
        Violence Against Women Act of 1994 (34 U.S.C. 12291(b)(2)) that 
        apply with respect to grants under such Act and grantees and 
        subgrantees for such grants; or
            ``(2) the conditions under section 306(c)(5) of the Family 
        Violence Prevention and Services Act (42 U.S.C. 10406(c)(5)) 
        that apply with respect to grants under such Act and grantees 
        and subgrantees for such grants.
    ``(c) Department of Justice-sponsored Research.--Nothing in this 
section shall be construed to prohibit a covered recipient from sharing 
personally identifying information with researchers seeking the 
information for the purposes of conducting research--
            ``(1) that is funded by the Department of Justice;
            ``(2) for which protections are in place in accordance with 
        the requirements under part 22 of title 28, Code of Federal 
        Regulations, or any successor thereto, and section 812(a) of 
        the Omnibus Crime Control and Safe Streets Act of 1968 (34 
        U.S.C. 10231(a)); and
            ``(3) for which a current privacy certificate is on file 
        documenting how the researchers intend to fulfill the 
        obligations under such part 22.''.

SEC. 104. GRANTS FOR STATE IMPROVEMENTS.

    (a) Enhancing the Ability of State, Local, and Tribal Child Welfare 
Agencies to Identify and Respond to Children Who Are, or Are at Risk of 
Being, Victims of Trafficking.--
            (1) 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 a severe form of 
        trafficking in persons; 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 has not received more than 3 grants under this 
        section and meets 1 or more of the following criteria:
                    ``(A) Elimination of third party control 
                requirement.--The State has eliminated or will 
                eliminate any requirement relating to identification of 
                a controlling third party who causes a child to engage 
                in a commercial sex act in order for the child to be 
                considered a victim of trafficking or a victim of 1 or 
                more severe forms of trafficking in persons for 
                purposes of accessing child welfare services and care.
                    ``(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 or will develop and 
                implement 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 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)).
                            ``(ii) The requirement to report 
                        immediately, and in no case later than 24 hours 
                        after receiving, information on missing or 
                        abducted children to law enforcement 
                        authorities, including children classified as 
                        `runaways', for entry into the National Crime 
                        Information Center (NCIC) database of the 
                        Federal Bureau of Investigation, and to the 
                        National Center for Missing and Exploited 
                        Children, under paragraph (35)(B) of such 
                        section.
                            ``(iii) The requirement to report to the 
                        Secretary of Health and Human Services the 
                        total number of children who are victims of 
                        child human trafficking under paragraph (34)(B) 
                        of such section.
                    ``(D) Trafficking-specific protocol.--The State has 
                developed and implemented or will develop and implement 
                a specialized protocol for responding to a child who 
                is, or is at risk of being, a trafficking victim to 
                ensure the response focuses on the child's specific 
                safety needs as a victim of trafficking, and that 
                includes the development and use of an alternative 
                mechanism for investigating and responding to cases of 
                child human trafficking in which the alleged offender 
                is not the child's parent or caregiver without 
                utilizing existing processes for investigating and 
                responding to other forms of child abuse or neglect 
                that require the filing of an abuse or neglect 
                petition.
            ``(3) Indian tribe; tribal organization.--The term `Indian 
        tribe' and `tribal organization' have the meanings given those 
        terms in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304).
            ``(4) State.--The term `State' means each of the 50 States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands. Such term 
        includes an Indian tribe, tribal organization, or tribal 
        consortium with a plan approved under section 479B of the 
        Social Security Act (42 U.S.C. 679c), or which is receiving 
        funding to provide foster care under part E of title IV of such 
        Act pursuant to a cooperative agreement or contract with a 
        State.''.
            (2) 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.''.
    (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 $4,000,000 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 
Trafficking Prevention.--It is the sense of Congress that health care 
and social service licensing boards and professional membership 
associations should facilitate access to trafficking-specific training 
guided by the Department of Health and Human Service's Core 
Competencies for Human Trafficking Response in Health Care and 
Behavioral Health Systems on--
            (1) the scope and signs of human trafficking and child 
        sexual abuse that present in the applicable health care, 
        behavioral health, or social services settings;
            (2) how to interact with potential victims of trafficking 
        (as defined in section 103 of the Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7102)) and with survivors of 
        human trafficking, using an age-appropriate, gender-responsive, 
        culturally and linguistically appropriate, and trauma-informed 
        approach; and
            (3) the manner in which to respond to victims and potential 
        victims of trafficking or child sexual exploitation and abuse.

SEC. 105. 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 ``2022 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 December 16, 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 (b)(2), by striking ``2018 
                through 2021'' and inserting ``2022 through 2027'';
                    (B) in subsection (d)(3), by striking ``2018 
                through 2021'' and inserting ``2022 through 2027''; and
                    (C) in subsection (e)(3), by striking ``2008 
                through 2011'' and inserting ``2022 through 2027''.
    (e) 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''.

SEC. 106. REDESIGNATIONS.

    (a) 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.
    (b) Additional Provisions.--
            (1) Justice for victims of trafficking act of 2015.--
        Sections 114, 119, and 606 of the Justice for Victims of 
        Trafficking Act of 2015 (34 U.S.C. 20709, 20710, 20711) are 
        redesignated as sections 209, 210, and 211, respectively, of 
        the Trafficking Victims Protection Reauthorization Act of 2005 
        and transferred so as to appear after section 208 of the 
        Trafficking Victims Protection Reauthorization Act of 2005, as 
        so redesignated and transferred by subsection (a) of this 
        section.
            (2) Abolish human trafficking act of 2017.--Section 7 of 
        the Abolish Human Trafficking Act of 2017 (34 U.S.C. 20709a) is 
        redesignated as section 212 of the Trafficking Victims 
        Protection Reauthorization Act of 2005 and transferred so as to 
        appear after section 211 of the Trafficking Victims Protection 
        Reauthorization Act of 2005, as so redesignated and transferred 
        by paragraph (1) of this subsection.
            (3) 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.

         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, 
which shall be developed to supplement, not duplicate, the National 
Strategy to Combat Human Trafficking and the National Strategy for 
Child Exploitation Prevention and Interdiction of the Department of 
Justice, to--
            (1) reduce the incidence of cybercrimes against 
        individuals;
            (2) coordinate investigations of cybercrimes against 
        individuals by Federal law enforcement agencies; and
            (3) increase the number of Federal prosecutions of 
        cybercrimes against individuals.
    (b) 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''.

           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 fewer than 10 additional 
        operational agents of the Federal Bureau of Investigation 
        designated to support the Criminal Division of the Department 
        of Justice in the investigation and coordination of cybercrimes 
        against individuals;
            (2) ensure that each office of a United States Attorney 
        designates at least 1 Assistant United States Attorney as 
        responsible for investigating and prosecuting cybercrimes 
        against individuals; and
            (3) ensure the implementation of a regular and 
        comprehensive training program--
                    (A) the purpose of which is to train agents of the 
                Federal Bureau of Investigation in the investigation 
                and prosecution of such crimes and the enforcement of 
                laws related to cybercrimes against individuals; and
                    (B) that includes relevant forensic training 
                related to investigating and prosecuting cybercrimes 
                against individuals.

SEC. 322. REPORT.

    (a) 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.
    (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; and
            (2) recommendations for improving services for victims of 
        cybercrimes against individuals.

SEC. 323. INFORMATION SHARING.

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

``SEC. 895. 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.''.
            (2) 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.''.
            (3) 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).
    (b) 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:
            ``(3) Clarification with respect to continuing 
        registration.--An individual may not be issued or reissued a 
        passport without a unique identifier solely because the 
        individual has moved or otherwise resides outside the United 
        States.''.

SEC. 324. TRAINING AND TECHNICAL ASSISTANCE FOR STATES.

    The Attorney General, in consultation with the Secretary of 
Homeland Security, the Director of the United States Secret Service, 
the Executive Associate Director of Homeland Security Investigations, 
and nongovernmental and survivor stakeholders, shall create, compile, 
evaluate, and disseminate materials and information, and provide the 
necessary training and technical assistance, to assist States and units 
of local government in--
            (1) 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) deprioritization 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. 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--
            (1) the protection of trafficking victims;
            (2) the prevention of trafficking in persons; or
            (3) the prosecution of technology-facilitated crimes 
        against children by buyers or traffickers in persons.

SEC. 402. ELIMINATION OF BARRIERS.

    (a) 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.
    (b) 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.

SEC. 403. 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. 404. DATA COLLECTION.

    Section 105(d)(7) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7103(d)(7)) is amended--
            (1) in subparagraph (Q)--
                    (A) in clause (vii), by adding ``and'' at the end; 
                and
                    (B) in clause (viii), by striking ``and'' at the 
                end;
            (2) in subparagraph (R), by striking ``and'' at the end;
            (3) in the first subparagraph (S), as added by section 
        121(a) of the Frederick Douglass Trafficking Victims Prevention 
        and Protection Reauthorization Act of 2018 (Public Law 115-425; 
        132 Stat. 5478), by striking the period at the end and 
        inserting a semicolon;
            (4) by redesignating the second subparagraph (S), as added 
        by section 7154(b) of the National Defense Authorization Act 
        for Fiscal Year 2020 (Public Law 116-92; 113 Stat. 2260), as 
        subparagraph (T);
            (5) in subparagraph (T), as so redesignated, by striking 
        the period at the end and inserting a semicolon; and
            (6) by adding at the end the following:
                    ``(U) with respect to applications described in 
                subparagraph (B), (C), (D), or (F), when available, if 
                the application was denied, the reason for the denial 
                and the length of time it took for the denial to be 
                issued; and
                    ``(V) disaggregated data regarding--
                            ``(i) the number of victims trafficked by 
                        third parties and by family members;
                            ``(ii) victims trafficked by victim age; 
                        and
                            ``(iii) victims trafficked by the type of 
                        trafficking.''.

SEC. 405. 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. 406. 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 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.

            Passed the Senate December 20, 2022.

            Attest:

                                                             Secretary.
117th CONGRESS

  2d Session

                                S. 3946

_______________________________________________________________________

                                 AN ACT

To reauthorize the Trafficking Victims Protection Act of 2017, and for 
                            other purposes.
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