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Senate Bill 3946
117th Congress(2021-2022)
Abolish Trafficking Reauthorization Act of 2022
Became Law
Amendments
Became Law
Became Public Law 117-347 on Jan 5, 2023
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S. 3946 (Introduced-in-Senate)


117th CONGRESS
2d Session
S. 3946


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


IN THE SENATE OF THE UNITED STATES

March 29, 2022

Mr. Cornyn (for himself and Ms. Klobuchar) introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Abolish Human Trafficking Reauthorization Act of 2022”.

SEC. 2. Table of contents.

The table of contents for this Act is as follows:


Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Definitions.


Sec. 101. Human trafficking prevention education grants.

Sec. 102. Protecting children abroad.

Sec. 103. Ensuring protection and confidentiality for human trafficking survivors.

Sec. 104. Temporary waivers.

Sec. 105. Grants for State improvements.

Sec. 106. Additional reauthorization.

Sec. 201. Bankruptcy.

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

Sec. 321. Improved investigative and forensic resources for enforcement of laws related to cybercrimes against individuals.

Sec. 322. Report.

Sec. 323. Training and technical assistance for States.

Sec. 401. Youthful offenders.

Sec. 402. Prevention research.

Sec. 403. Reduction of barriers to obtain identity documents for trafficking survivors.

Sec. 404. Cybercrime.

Sec. 405. Office of Counter-Trafficking.

Sec. 406. Tip organizations.

Sec. 407. Data collection.

Sec. 408. Cumulative biennial report on data collection and statistics.

Sec. 409. Forced labor requirements.

Sec. 410. Homeland Security VAP.

Sec. 411. Multidisciplinary teams.

SEC. 3. Definitions.

In this Act:

(1) COMPUTER.—The term “computer” includes a computer network and any interactive electronic device.

(2) CYBERCRIME AGAINST INDIVIDUALS.—The term “cybercrime against individuals” means a Federal, State, or local criminal offense that involves the use of a computer to cause personal harm to an individual, such as the use of a computer to harass, threaten, stalk, extort, coerce, cause fear, intimidate, without consent distribute intimate images of, or violate the privacy of, an individual, except that—

(A) use of a computer need not be an element of the offense; and

(B) the term does not include the use of a computer to cause harm to a commercial entity, government agency, or non-natural person.

(3) HOMELESS YOUTH.—The term “homeless youth” has the meaning given the term “homeless children and youths” in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).

(4) LABOR TRAFFICKING.—The term “labor trafficking” has the meaning given that term in section 106(b)(2)(A) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(b)(2)(A)).

(5) SEX TRAFFICKING.—The term “sex trafficking” has the meaning given that term in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).

(6) SURVIVOR OF HUMAN TRAFFICKING.—The term “survivor of human trafficking” means a survivor of human trafficking as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).

SEC. 101. Human trafficking prevention education grants.

(a) In general.—Section 106(b)(2) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7104(b)(2)) is amended—

(1) by amending the paragraph heading to read as follows: “Frederick Douglass human trafficking prevention education grants”;

(2) in subparagraph (A)—

(A) in clause (iii), by striking “103(9)(B)” and inserting “103(11)(B)”; and

(B) in clause (v), by striking “103(9)(A)” and inserting “103(12)”;

(3) in subparagraph (B)—

(A) in the matter preceding clause (i), by inserting “, under a program to be known as ‘Frederick Douglass Human Trafficking Prevention Education Grants’,” after “may award grants”; and

(B) in clause (ii), by inserting “, linguistically accessible, and culturally responsive” after “age-appropriate”;

(4) in subparagraph (C), by amending the subparagraph heading to read as follows: “Program requirements for frederick douglass human trafficking prevention education grants”; and

(5) by striking subparagraph (D) and inserting the following:

“(D) PRIORITY.—In awarding Frederick Douglass Human Trafficking Prevention Education Grants under this paragraph, the Secretary of Health and Human Services shall give priority to local educational agencies that—

“(i) serve a high-intensity child sex or labor trafficking area;

“(ii) partner with nonprofit organizations specializing in human trafficking prevention education, law enforcement, and technology or social media companies to assist in training efforts to protect children from sexual exploitation and abuse, including grooming, child sex or labor trafficking, child sexual abuse materials, and human trafficking transmitted through technology;

“(iii) consult with the Secretary of Education, the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of Health and Human Services, and the Attorney General, as appropriate, to identify the geographic areas in the United States with the highest prevalence of populations that are at high risk for being trafficked, including children who are members of a racial or ethnic minority, homeless youth, foster youth, youth involved in the child welfare system, and children and youth who have run away from home or are in an out-of-home placement; or

“(iv) consult with the Secretary of Education, the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of Health and Human Services, and the Attorney General, as appropriate, to identify the geographic areas in the United States with the highest levels of child sex trafficking and child labor trafficking.

“(E) CRITERIA FOR SELECTION.—Grantees under this paragraph should be selected based on their demonstrated ability—

“(i) to engage stakeholders, including survivors of human trafficking, and Federal, State, Tribal, and local partners, to develop programs described in subparagraph (B);

“(ii) to train the trainers, parents or guardians, elementary and secondary school students, teachers, and other school personnel, particularly specialized instructional support personnel, such as a scientifically validated brief screening tool to quickly detect and serve trafficking survivors in a linguistically accessible, culturally responsive, age-appropriate and trauma-informed fashion; and

“(iii) to create a scalable, repeatable program that uses proven and tested best practices by researchers and employs appropriate technological tools and methodologies, including linguistically accessible, culturally responsive, age appropriate and trauma-informed approach and measurement and training curricula adapted for trainers, guardians, educators, and elementary and secondary school students, to prevent child sexual exploitation and abuse, including grooming, child labor trafficking, the creation or distribution of child sexual abuse materials, and trafficking transmitted through technology.

“(F) DATA COLLECTION.—The Secretary of Health and Human Services and the Secretary of Labor shall consult with the Secretary of Education to determine the appropriate demographics of the recipients or of students at risk of being trafficked or exploited, to be collected and reported with respect to grants awarded under this paragraph.

“(G) REPORT.—Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the Secretary of Health and Human Services shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on the Judiciary of the Senate, the Committee on Education and Labor of the House of Representatives, the Committee on Energy and Commerce of the House of Representatives, and the Committee on the Judiciary of the House of Representatives that identifies—

“(i) the total number of entities that received a Frederick Douglass Human Trafficking Prevention Education Grant during the preceding year;

“(ii) the total number of partnerships or consultants that included survivors, nonprofit organizations specialized in human trafficking prevention education, law enforcement, or technology or social media companies;

“(iii) the total number of elementary and secondary schools that established and implemented proper protocols and procedures through programs developed using grants received under this paragraph;

“(iv) the total number and geographic distribution of trainers, guardians, students, teachers, and other school personnel trained assisted through grants received under this paragraph;

“(v) the results of pre-training and post-training surveys to gauge trainees’ increased understanding of—

“(I) the scope and signs of child trafficking and child sexual exploitation and abuse;

“(II) how to interact with potential victims and survivors of child trafficking and child sexual exploitation and abuse using age-appropriate, culturally and linguistically responsive, and trauma-informed approaches; and

“(III) the manner in which to respond to potential child trafficking and child sexual exploitation and abuse;

“(vi) the number of potential victims and survivors of child trafficking and child sexual exploitation and abuse identified and served by grantees under this paragraph, excluding any individually identifiable information about such children, in full compliance with all applicable privacy laws and regulations;

“(vii) the number of students in elementary or secondary school identified by grantees under this paragraph as being at risk of being trafficked or sexually exploited and abused, excluding any individually identifiable information about such students;

“(viii) the demographic characteristics of child trafficking survivors and victims, sexually exploited and abused children, and students at risk of being trafficked or sexually exploited and abused described in clauses (vi) and (vii), excluding any individually identifiable information about such children, in full compliance with the standards established by the Department of Education National Center for Education Statistics with respect to at-risk students; and

“(ix) any service gaps and best practices identified by grantees under this paragraph.”.

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

SEC. 102. Protecting children abroad.

Section 240(c)(1) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (22 U.S.C. 212b(c)(1)) is amended to read as follows:

“(1) the term ‘covered sex offender’ means an individual who—

“(A) is required to register, based on an offense against a minor, under section 113 of the Sex Offender Registration and Notification Act (34 U.S.C. 20913); or

“(B) resides outside the United States, or applies for or seeks to renew a passport outside the United States, and would be required to register, based on an offense against a minor, under section 113 of the Sex Offender Registration and Notification Act, if the individual returned to the United States.”.

SEC. 103. Ensuring protection and confidentiality for human trafficking survivors.

(a) In general.—In order to ensure the safety of human trafficking survivors and their families—

(1) a grantee or subgrantee receiving Federal funds under a grant shall protect the confidentiality and privacy of survivors of human trafficking receiving services from the grantee or subgrantee; and

(2) each entity applying to receive Federal funds in the form of a grant shall submit, in conjunction with the application for the grant, a privacy policy for human trafficking survivors and their families that is in accordance with the requirements under this section.

(b) Nondisclosure.—Subject to subsections (c), (d), and (e), a grantee or subgrantee shall agree, as a condition of receiving Federal funds, to not—

(1) disclose, reveal, or release any personally identifying information or individual information collected in connection with services requested, used, or denied through a program of the grantee or subgrantee, regardless of whether the information has been encoded, encrypted, hashed, or otherwise protected; or

(2) disclose, reveal, or release individual client information regarding an individual who requested, used, or was denied services through a program of the grantee or subgrantee without the informed, written, and reasonably time-limited consent of the individual about whom information is sought, whether in connection with the program for which the Federal funds were received or another Federal, State, Tribal, or territorial grant program.

(c) Exceptions relating to minors.—

(1) IN GENERAL.—For purposes of subsection (b)(2)—

(A) the informed, written, and reasonably time-limited consent described in such subsection—

(i) in the case of an unemancipated minor shall be obtained from both the minor and a parent or guardian; and

(ii) in the case of person with a legal incapacity, shall be obtained from both the person and a court-appointed guardian; and

(B) such consent may not be given by the alleged or convicted trafficker of the minor or person with a legal incapacity, or the alleged or convicted trafficker of a parent or legal guardian of the minor or person with a legal incapacity.

(2) WAIVER OF PARENTAL CONSENT.—Notwithstanding the prohibition under subsection (b)(2), if a minor or a person with a legally incapacity is permitted by law to receive services without the consent of a parent or guardian, the minor or person may consent to the disclosure, revealing, or release of information without obtaining additional consent in accordance with paragraph (1) of this subsection.

(d) Compelled release.—If a grantee or subgrantee is compelled by a statutory or court mandate to disclose, reveal, or release information described in subsection (b), the grantee or subgrantee shall—

(1) make reasonable attempts to provide notice to survivors affected by the disclosure, revealing, or release of the information; and

(2) take steps necessary to protect the privacy and safety of the persons affected by the disclosure, revealing, or release of the information.

(e) Information sharing.—

(1) IN GENERAL.—A grantee or subgrantee may share—

(A) nonpersonally identifying data in the aggregate regarding services to clients of the grantee or subgrantee and nonpersonally identifying demographic information, in order to identify underserved populations and comply with Federal, State, Tribal, or territorial reporting, evaluation, or data collection requirements;

(B) court-generated information and law enforcement-generated information contained in secure, governmental registries for protection order enforcement purposes;

(C) law enforcement-generated and prosecution-generated information necessary for law enforcement and prosecution purposes; and

(D) information necessary for the functioning of a multidisciplinary team.

(2) PROHIBITION.—Under no circumstances may a grantee or subgrantee—

(A) require a human trafficking survivor to provide consent to disclose, reveal, or release his or her personally identifying information as a condition of eligibility for the services provided by the grantee or subgrantee; or

(B) share any personally identifying information of a human trafficking survivor in order to comply with Federal, State, Tribal, or territorial reporting, evaluation, or data collection requirements, whether in connection with the program for which the Federal funds were received or another Federal, State, Tribal, or territorial grant program.

(f) Statutorily mandated reports of human trafficking, exploitation, abuse or neglect.—Nothing in this section shall be construed to prohibit a grantee or subgrantee from reporting suspected human trafficking, exploitation, abuse or neglect, as those terms are defined under, and as such reporting is specifically mandated by, Federal, State, local, or Tribal laws.

SEC. 104. Temporary waivers.

(a) Waiver of match requirements.—The non-Federal match requirements set forth in subsection (g) of section 202 of the Trafficking Victims Protection Reauthorization Act of 2005 (34 U.S.C. 20702) shall not apply to grants under such section during fiscal year 2023.

(b) Waiver of Federal share limitations.—The Federal share limitations set forth in subsections (b)(2)(C) and (f)(3)(B) of section 107 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105) shall not apply to grants under subsections (b)(2) and (f)(3) of such section during fiscal year 2023.

SEC. 105. Grants for State improvements.

(a) In general.—Title II of the Trafficking Victims Protection Reauthorization Act of 2005 (34 U.S.C. 20701 et seq.) is amended by inserting after section 204 the following:

“SEC. 204A. Enhancing the ability of State, local, and tribal child welfare agencies to identify and respond to children who are, or are at risk of being, victims of trafficking.

“(a) Grants To enhance child welfare services.—The Secretary of Health and Human Services may make grants to eligible States to develop, improve, or expand programs that assist State, local, or Tribal child welfare agencies with identifying and responding to—

“(1) children considered victims of ‘child abuse and neglect’ and of ‘sexual abuse’ under the application of section 111(b)(1) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106g(b)(1)) because of being identified as being a victim or at risk of being a victim of sex trafficking; and

“(2) children over whom such agencies have responsibility for placement, care, or supervision and for whom there is reasonable cause to believe are, or are at risk of being a victim of 1 or more severe forms of trafficking in persons.

“(b) Definitions.—In this section:

“(1) CHILD.—The term ‘child’ means an individual who has not attained 18 years of age or such older age as the State has elected under section 475(8) of the Social Security Act (42 U.S.C. 675(8)). At the option of an eligible State, such term may include an individual who has not attained 26 years of age.

“(2) ELIGIBLE STATE.—The term ‘eligible State’ means a State that meets 1 or more of the following criteria:

“(A) ELIMINATION OF THIRD PARTY CONTROL REQUIREMENT.—The State has eliminated any requirement relating to identification of a controlling third party who causes a child to engage in a commercial sex act in order for the child to be considered a victim of 1 or more severe forms of trafficking in persons, or a victim of trafficking, for purposes of accessing child welfare services and care.

“(B) APPLICATION OF STANDARD FOR HUMAN TRAFFICKING.—The State considers a child to be a victim of trafficking if the individual is a victim of a severe form of trafficking in persons as described in subparagraph (A) of section 103(11) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(11)).

“(C) DEVELOPMENT AND IMPLEMENTATION OF STATE CHILD WELFARE PLAN PROTOCOLS.—The State agency responsible for administering the State plan for foster care and adoption assistance under part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.) has developed and is implementing protocols that meet the following reporting requirements:

“(i) The requirement to report immediately, and in no case later than 24 hours after receiving, information on children or youth who have been identified as being a victim of sex trafficking to law enforcement authorities under paragraph (34)(A) of section 471(a) of the Social Security Act (42 U.S.C. 671(a)).

“(ii) The requirement to report immediately, and in no case later than 24 hours after receiving, information on missing or abducted children or youth to law enforcement authorities, including children or youth classified as ‘runaways’, for entry into the National Crime Information Center (NCIC) database of the Federal Bureau of Investigation, and to the National Center for Missing and Exploited Children, under paragraph (35)(B) of such section.

“(iii) The requirement to report to the Secretary of Health and Human Services the total number of children and youth who are victims of sex trafficking under paragraph (34)(B) of such section.

“(D) TRAFFICKING-SPECIFIC PROTOCOL.—The State has developed and implemented a specialized protocol for responding when victims of trafficking are exploited by a third party trafficker to ensure the response focuses on the child’s specific safety needs as a victim of trafficking, and that includes the development and use of an alternative mechanism for investigating and responding to cases of child sex trafficking in which the alleged offender is not the child’s parent or caregiver without utilizing existing processes for investigating and responding to other forms of child abuse or neglect or requiring the filing of an abuse or neglect petition.

“(3) STATE.—The term ‘State’ means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. Such term includes an Indian tribe, tribal organization, or tribal consortium with a plan approved under section 479B of the Social Security Act (42 U.S.C. 679c), or which is receiving funding to provide foster care under part E of title IV of such Act pursuant to a cooperative agreement or contract with a State.

“(4) OTHER TERMS.—The terms ‘commercial sex act’, ‘severe forms of trafficking in persons’, ‘sex trafficking’, ‘victim of a severe form of trafficking’, and ‘victim of trafficking’ have the meanings given those terms in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).”.

(b) Funding.—Section 113(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110(b)) is amended by adding at the end the following:

“(3) GRANTS FOR STATE IMPROVEMENTS.—To carry out the purposes of section 204A of the Trafficking Victims Protection Reauthorization Act of 2005, there are authorized to be appropriated $8,000,000 to the Secretary of Health and Human Services for each of fiscal years 2022 through 2027.”.

(c) Sense of congress regarding health care professionals and social service providers.—It is the sense of Congress that State and local licensing boards throughout the United States should facilitate access for health care and behavioral health care practitioners and social service providers, as a condition of receiving new or renewal licensure, to training guided by the Department of Health and Human Service’s Core Competencies for Human Trafficking Response in Health Care and Behavioral Health Systems on—

(1) the scope and signs of human trafficking and child sexual exploitation and abuse that present in the applicable health care, behavioral health, or social services settings;

(2) how to interact with potential victims of trafficking (as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)) and with trafficking survivors, using an age-appropriate, gender-responsive, culturally and linguistically appropriate, and trauma-informed approach; and

(3) the manner in which to respond to potential victims and to survivors of human trafficking (as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)) or child sexual exploitation and abuse.

SEC. 106. Additional reauthorization.

(a) Airport personnel training To identify and report human trafficking victims.—Section 303 of the Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2018 (Public Law 115–425; 132 Stat. 5488) is amended by striking “2018 through 2021” and inserting “2021 through 2027”.

(b) HERO corps hiring.—Section 890A(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 473(g)(2)) is amended by striking “2019 through 2022” and inserting “2022 through 2027”.

(c) Reauthorizing the special assessment and ensuring full funding for the domestic trafficking victims’ fund.—Section 3014 of title 18, United States Code, is amended—

(1) in subsection (a), in the matter preceding paragraph (1), by striking “and ending on September 11, 2022”; and

(2) in subsection (e)(1)—

(A) in the matter preceding subparagraph (A), by striking “2023” and inserting “2027”;

(B) in subparagraph (A), by striking “(42 U.S.C. 14044c)” and inserting “(34 U.S.C. 20705)”;

(C) in subparagraph (C), by striking “(42 U.S.C. 13002(b))” and inserting “(34 U.S.C. 20304)”; and

(D) in subparagraph (D), by striking “(42 U.S.C. 17616)” and inserting “(34 U.S.C. 21116)”.

(d) Extension of anti-Trafficking grant programs.—The Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.) is amended—

(1) in section 112A(b)(4) (22 U.S.C. 7109a(b)(4)), by striking “2018 through 2021” and inserting “2022 through 2027”;

(2) in section 112B(d) (22 U.S.C. 7109b(d)) is amended by striking “2008 through 2011” and inserting “2022 through 2027”; and

(3) in section 113 (22 U.S.C. 7110)—

(A) in subsection (d)—

(i) in paragraph (1), by striking “2018 through 2021” and inserting “2022 through 2027”; and

(ii) in paragraph (3), by striking “2018 through 2021” and inserting “2022 through 2027”;

(B) in subsection (e)(3), by striking “2008 through 2011” and inserting “2022 through 2027”; and

(C) in subsection (f), by striking “2018 through 2021..” and inserting “2022 through 2027.”.

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.”.

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

(a) National strategy.—The Attorney General, in consultation with the Secretary of Homeland Security, shall develop a national strategy to—

(1) reduce the incidence of cybercrimes against individuals;

(2) coordinate investigations of cybercrimes against individuals by Federal law enforcement agencies; and

(3) increase the number of Federal prosecutions of cybercrimes against individuals.

(b) Classification of cybercrimes against individuals for purposes of crime reports.—In accordance with the authority of the Attorney General under section 534 of title 28, United States Code, the Director of the Federal Bureau of Investigation shall—

(1) design and create within the Uniform Crime Reports a category for offenses that constitute cybercrimes against individuals;

(2) to the extent feasible, within the category established under paragraph (1), establish subcategories for each type of cybercrime against individuals that is an offense under Federal or State law;

(3) classify the category established under paragraph (1) as a Part I crime in the Uniform Crime Reports; and

(4) classify each type of cybercrime against individuals that is an offense under Federal or State law as a Group A offense for the purpose of the National Incident-Based Reporting System.

(c) Annual summary.—The Attorney General shall publish an annual summary of the information reported in the Uniform Crime Reports and the National Incident-Based Reporting System relating to cybercrimes against individuals.

SEC. 321. Improved investigative and forensic resources for enforcement of laws related to cybercrimes against individuals.

Subject to the availability of appropriations to carry out this section, the Attorney General, in consultation with the Director of the Federal Bureau of Investigation and the Secretary of Homeland Security, including the Executive Associate Director of Homeland Security Investigations, shall, with respect to cybercrimes against individuals—

(1) ensure that there are not less than 10 additional operational agents of the Federal Bureau of Investigation designated to support the Criminal Division of the Department of Justice in the investigation and coordination of cybercrimes against individuals;

(2) ensure that each office of a United States Attorney designates at least 1 Assistant United States Attorney as responsible for investigating and prosecuting cybercrimes against individuals; and

(3) ensure the implementation of a regular and comprehensive training program—

(A) the purpose of which is to train agents of the Federal Bureau of Investigation in the investigation and prosecution of such crimes and the enforcement of laws related to cybercrimes against individuals; and

(B) that includes relevant forensic training related to investigating and prosecuting cybercrimes against individuals.

SEC. 322. Report.

(a) In general.—Not later than 1 year after the date on which the collection of statistical data under section 311 begins and once each year thereafter, the Director of the Office for Victims of Crime shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that addresses, to the extent data are available, the nature, extent, and amount of funding under the Victims of Crime Act of 1984 (34 U.S.C. 20101 et seq.) for victims of cybercrimes against individuals.

(b) Contents.—The report required under subsection (a) shall include—

(1) an analysis of victims' assistance, victims' compensation, and discretionary grants under which victims of cybercrimes against individuals received assistance;

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

(3) efforts by the Department of Justice to conduct outreach to State and local law enforcement agencies on the process for collaborating with the Federal Government for the purpose of investigating and prosecuting interstate and international cybercrime cases.

SEC. 323. Training and technical assistance for States.

The Attorney General, in consultation with the Secretary of Homeland Security, the Director of the United States Secret Service, and nongovernmental and survivor stakeholders, shall create, compile, evaluate, and disseminate materials and information, and provide the necessary training and technical assistance, to assist States and units of local government in—

(1) investigating, prosecuting, pursuing, preventing, understanding, and mitigating the impact of—

(A) physical, sexual, and psychological abuse of cybercrime victims, including victims of human trafficking that is facilitated by interactive computer services;

(B) exploitation of cybercrime victims; and

(C) neglect of cybercrime; and

(2) assessing, addressing, and mitigating the physical and psychological trauma to victims of cybercrime.

SEC. 401. Youthful offenders.

(a) Sentencing juvenile victim offenders who have been trafficked, abused, or assaulted.—

(1) SENTENCING JUVENILE VICTIM OFFENDERS.—

(A) IN GENERAL.—Section 3553 of title 18, United States Code, is amended—

(i) by redesignating subsection (g) as subsection (i); and

(ii) by inserting after subsection (f) the following:

“(g) Sentencing juvenile victim offenders.—

“(1) STATUTORY MINIMUMS.—In the case of a juvenile victim offender, the court shall have the authority to impose a sentence that is below a level established by statute as a minimum sentence in recognition of the potential effect of trauma on the offender’s conduct, if the effect of trauma on the offender’s conduct is established by clear and convincing evidence.

“(2) SUSPENSION OF SENTENCE.—

“(A) IN GENERAL.—Subject to subparagraph (B), in the case of a juvenile offender, the court shall have the authority to suspend any portion of an imposed sentence.

“(B) LIMITATION.—For an offense for which the minimum sentence under the statute is not less than 10 years, the court may not suspend the sentence imposed on a juvenile victim offender to be less than 3 years.

“(3) DETENTION.—A court may order that a juvenile victim offender serve a sentence in a juvenile facility if—

“(A) the court imposes a sentence below the level established by statute as a minimum sentence under paragraph (1) or suspends in whole or in part the sentence imposed under paragraph (2); and

“(B) the period of imprisonment imposed or that is not suspended ends not later than the 21st birthday of the juvenile victim offender.

“(4) JUVENILE VICTIM OFFENDER DEFINED.—In this subsection, the term ‘juvenile victim offender’ means an individual who—

“(A) has not attained the age of 18 years; and

“(B) has been convicted of a violent offense against a person who the court finds, by clear and convincing evidence, engaged in conduct against such individual, not earlier than 1 year before such violent offense, that is an offense under section 1591 or an offense under chapter 71, 109A, 110, or 117.”.

(B) APPLICATION.—The amendments made by subparagraph (A) shall apply to a conviction entered on or after the date of enactment of this Act.

(2) DIRECTIVE TO SENTENCING COMMISSION.—Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this subsection, the United States Sentencing Commission shall review its guidelines and its policy statements with respect to juvenile victim offenders (as defined in subsection (g) of section 3553 of title 18, United States Code, as added by paragraph (1)) to ensure that the guidelines and policy statements are consistent with the amendments made by paragraph (1).

(b) Sentencing juvenile offenders.—

(1) SENTENCING JUVENILE OFFENDERS.—

(A) IN GENERAL.—Section 3553 of chapter 227 of title 18, United States Code, is amended—

(i) in subsection (a)—

(I) in paragraph (6), by striking “and” at the end;

(II) in paragraph (7), by striking the period at the end and inserting “; and”; and

(III) by adding at the end the following:

“(8) in the case of a juvenile (as such term is defined in section 5031), the diminished culpability of juveniles compared to that of adults.”; and

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

“(h) Limitation on statutory minimum for juvenile offenders.—In the case of a juvenile (as such term is defined in section 5031), the court shall have the authority to impose a sentence that is 35 percent below a level established by statute as a minimum sentence so as to reflect the juvenile’s age and prospect for rehabilitation.”.

(B) APPLICATION.—The amendments made by subparagraph (A) shall apply to a conviction entered on or after the date of enactment of this Act.

(2) DIRECTIVE TO SENTENCING COMMISSION.—Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this subsection, the United States Sentencing Commission shall review its guidelines and its policy statements with respect to juveniles (as defined in section 5031 of title 18, United States Code) to ensure that the guidelines and policy statements are consistent with the amendments made by paragraph (1).

(c) Parole for juveniles.—

(1) IN GENERAL.—Chapter 403 of title 18, United States Code, is amended by inserting after section 5032 the following:

§ 5032A. Modification of an imposed term of imprisonment for violations of law committed prior to age 18

“(a) In general.—Notwithstanding any other provision of law, a court may reduce a term of imprisonment imposed upon a defendant convicted as an adult for an offense committed and completed before the defendant attained 18 years of age if—

“(1) the defendant has served not less than 20 years in custody for the offense; and

“(2) the court finds, after considering the factors and information set forth in subsection (c), that the defendant is not a danger to the safety of any person or the community and that the interests of justice warrant a sentence modification.

“(b) Supervised release.—Any defendant whose sentence is reduced pursuant to subsection (a) shall be ordered to serve a period of supervised release of not less than 5 years following release from imprisonment. The conditions of supervised release and any modification or revocation of the term of supervised release shall be in accordance with section 3583.

“(c) Factors and information To be considered in determining whether To modify a term of imprisonment.—The court, in determining whether to reduce a term of imprisonment pursuant to subsection (a), shall consider—

“(1) the factors described in section 3553(a), including the nature of the offense and the history and characteristics of the defendant;

“(2) the age of the defendant at the time of the offense;

“(3) a report and recommendation of the Bureau of Prisons, including information on whether the defendant has substantially complied with the rules of each institution in which the defendant has been confined and whether the defendant has completed any educational, vocational, or other prison program, where available;

“(4) a report and recommendation of the United States attorney for any district in which an offense for which the defendant is imprisoned was prosecuted;

“(5) whether the defendant has demonstrated maturity, rehabilitation, and a fitness to reenter society sufficient to justify a sentence reduction;

“(6) any statement, which may be presented orally or otherwise, by any victim of an offense for which the defendant is imprisoned or by a family member of the victim if the victim is deceased;

“(7) any report from a physical, mental, or psychiatric examination of the defendant conducted by a licensed health care professional;

“(8) the family and community circumstances of the defendant at the time of the offense, including any history of abuse, trauma, or involvement in the child welfare system;

“(9) the extent of the role of the defendant in the offense and whether, and to what extent, an adult was involved in the offense;

“(10) any statement, which may be presented orally or in writing, by a prosecutor or law enforcement officer who was involved in the original investigation or criminal proceeding for which the defendant is incarcerated;

“(11) the diminished culpability of juveniles as compared to that of adults, and the hallmark features of youth, including immaturity, impetuosity, and failure to appreciate risks and consequences, which counsel against sentencing juveniles to the otherwise applicable term of imprisonment; and

“(12) any other information the court determines relevant to the decision of the court.

“(d) Limitation on applications pursuant to this section.—

“(1) SECOND APPLICATION.—Not earlier than 5 years after the date on which an order entered by a court on an initial application under this section becomes final, a court shall entertain a second application by the same defendant under this section.

“(2) FINAL APPLICATION.—Not earlier than 5 years after the date on which an order entered by a court on a second application under paragraph (1) becomes final, a court shall entertain a final application by the same defendant under this section.

“(3) PROHIBITION.—A court may not entertain an application filed after an application filed under paragraph (2) by the same defendant.

“(e) Procedures.—

“(1) NOTICE.—The Bureau of Prisons shall provide written notice of this section to—

“(A) any defendant who has served not less than 19 years in prison for an offense committed and completed before the defendant attained 18 years of age for which the defendant was convicted as an adult; and

“(B) the sentencing court, the United States attorney, and the Federal Public Defender or Executive Director of the Community Defender Organization for the judicial district in which the sentence described in subparagraph (A) was imposed.

“(2) CRIME VICTIMS RIGHTS.—

“(A) NOTICE.—Upon receiving notice under paragraph (1), the United States attorney shall provide any notifications required under section 3771.

“(B) VICTIM SERVICES.—Victims notified under subparagraph (A) shall be provided the same treatment and services provided by the Department of Justice to victims in similar criminal proceedings, and shall be given notice of the availability of such treatment and services when contacted under this section.

“(3) APPLICATION.—

“(A) IN GENERAL.—An application for a sentence reduction under this section shall be filed as a motion to reduce the sentence of the defendant and may include affidavits or other written material.

“(B) REQUIREMENT.—A motion to reduce a sentence under this section shall be filed with the sentencing court and a copy shall be served on the United States attorney for the judicial district in which the sentence was imposed.

“(4) EXPANDING THE RECORD; HEARING.—

“(A) EXPANDING THE RECORD.—After the filing of a motion to reduce a sentence under this section, the court may direct the parties to expand the record by submitting additional written materials relating to the motion.

“(B) HEARING.—

“(i) IN GENERAL.—The court shall conduct a hearing on the motion, at which the defendant and counsel for the defendant shall be given the opportunity to be heard.

“(ii) EVIDENCE.—In a hearing under this section, the court may allow parties to present evidence.

“(iii) DEFENDANT’S PRESENCE.—At a hearing under this section, the defendant shall be present unless the defendant waives the right to be present. The requirement under this clause may be satisfied by the defendant appearing by video teleconference.

“(iv) COUNSEL.—A defendant who is unable to obtain counsel is entitled to have counsel appointed to represent the defendant for proceedings under this section, including any appeal, unless the defendant waives the right to counsel.

“(v) FINDINGS.—The court shall state in open court, and file in writing, the reasons for granting or denying a motion under this section.

“(C) APPEAL.—The Government or the defendant may file a notice of appeal in the district court for review of a final order under this section. The time limit for filing such appeal shall be governed by rule 4(a) of the Federal Rules of Appellate Procedure.

“(f) Educational and rehabilitative programs.—A defendant who is convicted and sentenced as an adult for an offense committed and completed before the defendant attained 18 years of age may not be deprived of any educational, training, or rehabilitative program that is otherwise available to the general prison population.”.

(2) TABLE OF SECTIONS.—The table of sections for chapter 403 of title 18, United States Code, is amended by inserting after the item relating to section 5032 the following:


“5032A. Modification of an imposed term of imprisonment for violations of law committed prior to age 18.”.

(3) APPLICABILITY.—The amendments made by this subsection shall apply to any conviction entered before, on, or after the date of enactment of this Act.

SEC. 402. Prevention research.

(a) In general.—The Secretary of Health and Human Services (referred to in this section as the “Secretary”), acting through the Director of the Centers for Disease Control and Prevention and in coordination with the Department of Justice, the Department of Homeland Security, the Department of Housing and Urban Development, the Department of Labor, and the Department of State, including the Office to Monitor and Combat Trafficking in Persons of the Department of State, shall develop a research agenda on primary prevention of human trafficking in the United States, in accordance with Federal law. Such research agenda shall include research to support effective screening tools and primary prevention programs, including education and prevention campaigns.

(b) Consultation.—In developing the research agenda under subsection (a), the Secretary shall consult with a panel of service providers, university researchers, advocates, human trafficking prevention education experts, survivors of human trafficking, and community and faith-based organizations.

(c) Report to Congress.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report that includes—

(1) a list of members of the panel under subsection (b) and the organization or institute each such member represents, if any;

(2) a description of the research agenda developed under subsection (a) and the plan to implement that agenda;

(3) recommendations for congressional priorities to assist the Secretary in carrying out the agenda developed under subsection (a), including by effectively advancing knowledge about trafficking in persons in the United States and providing the means by which to prevent or reduce both sex and labor trafficking; and

(4) recommendations for supporting State and local practitioners.

SEC. 403. Reduction of barriers to obtain identity documents for trafficking survivors.

(a) Alternative identity documents accepted.—A survivor of human trafficking or a homeless youth may provide to a Federal agency any of the following documents in lieu of a birth certificate or passport to prove identity, age, and residency of the survivor:

(1) A school-issued document, including a school ID, school record, or transcript.

(2) A W–2 or a 1099 tax form.

(3) A State or Federal court document.

(4) A medical insurance policy identification card or medical record.

(5) A United States military ID or United States military dependent ID.

(6) An employee ID or other employee record.

(7) A vehicle registration or title.

(8) A Certificate of Degree of Indian Blood.

(9) A State or local government ID.

(10) A doctor or hospital bill.

(11) A utility bill.

(12) A consular ID card.

(13) A paycheck or paycheck stub.

(b) Minors.—A survivor of human trafficking who is a minor or a homeless youth shall not be required to obtain the consent or signature of the parent or guardian of the minor to receive from a Federal agency a copy of the government-issued identity card issued to the minor.

(c) Fees.—Federal agencies shall not charge a survivor of human trafficking or a homeless youth a fee to obtain a copy of a government-issued identity card.

(d) Technical assistance and grants.—The Department of Justice is authorized to provide technical assistance and grants to States to encourage the States to remove existing barriers and support human trafficking survivors and homeless youth with access to personal identification documents by—

(1) accepting from a survivor of human trafficking or a homeless youth to prove identity, age, and residency in lieu of a birth certificate or passport, a “statement of identity, residency, and date of birth” from—

(A) the head, or the designee of the head, of a human trafficking service provider funded by the Department of Justice or the Department of Health and Human Services;

(B) a social worker, attorney, or other direct service worker at a human trafficking service provider funded by the Department of Justice or the Department of Health and Human Services;

(C) a liaison described in section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii));

(D) the head, or the designee of the head, of a shelter funded by the Department of Housing and Urban Development;

(E) the head, or the designee of the head, of a shelter funded by the Runaway and Homeless Youth Act (34 U.S.C. 11201 et seq.);

(F) a local, State, Federal, or Tribal law enforcement officer; or

(G) a local, State, Federal, or Tribal government official with responsibility for issuing personal identification documents;

(2) removing any requirement that a survivor of human trafficking who is a minor or a homeless youth be required to obtain the consent or signature of the parent or guardian of the minor to receive from a Federal agency a certification or a copy of the birth record, government ID, or drivers' license of the minor; or

(3) preventing a survivor of human trafficking or homeless youth from being charged a fee for copies of the birth record, government-issued identity card, or drivers’ license of the survivor of human trafficking.

SEC. 404. Cybercrime.

Subject to the availability of appropriations, the Attorney General and the Secretary of Homeland Security shall provide incentive pay, in an amount that is not more than 25 percent of the basic pay of the individual, to an individual appointed to a position in the Department of Justice or the Department of Homeland Security (including positions in Homeland Security Investigations), respectively, requiring significant cyber skills to aid in the protection of trafficking victims, prevention of trafficking in persons, or prosecution of buyers of and traffickers in persons, in accordance with the comparable level of the General Schedule.

SEC. 405. Office of Counter-Trafficking.

(a) In general.—Section 102 of title 49, United States Code, is amended—

(1) by redesignating subsection (h) as subsection (i); and

(2) by inserting after subsection (g) the following:

“(h) Office of Counter-Trafficking.—

“(1) ESTABLISHMENT.—There is established, in the Department, the Office of Counter-Trafficking (referred to in this subsection as the ‘Office’), which shall plan, coordinate, and implement department-wide counter-trafficking initiatives, including efforts to combat sex and labor trafficking.

“(2) FUNCTIONS.—The Office shall—

“(A) collaborate with other entities of the Department to articulate the vision and priorities for anti-trafficking efforts, including grants;

“(B) expand the Transportation Leaders Against Human Trafficking initiative;

“(C) facilitate stronger public-private partnerships to combat human trafficking;

“(D) develop and implement interagency counter-trafficking projects, including by coordinating with the Department of Justice, the Department of Health and Human Services, and the Department of Homeland Security;

“(E) create and oversee an online portal to permit transportation stakeholders to track data on measurable counter-trafficking initiatives; and

“(F) coordinate with the Department of State to establish transportation-based counter-trafficking programs across North America and around the world.”.

(b) Authorization of appropriations.—There are authorized to be appropriated to the Office of Counter-Trafficking of the Department of Transportation $1,000,000 for each of the fiscal years 2023 through 2027, which shall be used—

(1) to educate and train transportation personnel on how to identify and stop human trafficking;

(2) to raise awareness among transportation personnel and the traveling public on recognizing and reporting human trafficking;

(3) to conduct research or collect data on trafficking within the transportation sector; and

(4) to provide grants to State, tribal, and local governments, United States territories, transit agencies, port authorities, metropolitan planning organizations, political subdivisions of a State or local government, a collaboration among any such entities, and qualified nonprofit organizations, for the purposes of developing and supporting human trafficking prevention programs.

SEC. 406. Tip organizations.

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

(1) in subparagraph (H), by striking “and” at the end;

(2) in subparagraph (I), by striking the period at the end and inserting “; and”; and

(3) by adding at the end the following new subparagraph:

“(J) at the discretion of the Attorney General, payments to reimburse operating expenses and program costs incurred by crime-tip organizations that—

“(i) annually waive their qualification for—

“(I) awards for information leading to forfeiture under subparagraph (C); and

“(II) receiving payment from equitably shared forfeiture funds; and

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

SEC. 407. Data collection.

(a) Disaggregated data.—The Department of Justice shall collect and submit to Congress—

(1) disaggregated data regarding the number of victims trafficked by third parties and by family members;

(2) disaggregated data regarding victims trafficked by victim age; and

(3) disaggregated data regarding victims trafficked by the type of trafficking (labor, sex, labor and sex, or unknown).

(b) Continued presence data.—

(1) IN GENERAL.—The data described in paragraph (2), disaggregated by type of trafficking (labor, sex, labor and sex, or unknown)—

(A) shall be included in the report required under section 105(d)(7) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7));

(B) should be included in reports from any Federal, State, Tribal, or local agency that receives Federal counter trafficking in persons funding; and

(C) for data included under subparagraph (A) or (B), shall include demographic characteristics of the victim of trafficking, including age, sex, race, ethnicity, and national origin.

(2) DATA DESCRIBED.—The data described in this paragraph are the following:

(A) (i) The number of requests for continued presence that were received from, or on behalf of, potential trafficking victims.

(ii) For each request referred to in clause (i), whether the request was filed or was not filed.

(iii) For each request that was filed, whether the request was approved or denied.

(B) In each applicable case—

(i) the month and year when the continued presence request was filed;

(ii) if the continued presence request was not filed, the reasons for such failure to file; and

(iii) if the continued presence request was denied, the reasons for such denial.

(C) For each potential human trafficking case described in subparagraph (A)—

(i) whether or not an investigation was initiated into the case; and

(ii) if an investigation was not initiated, the reasons for such failure to investigate.

(D) The number of requests for T visa certifications that were received from, or on behalf of, potential trafficking victims and the outcomes of such requests, indicating whether or not a T visa certification was provided.

(E) In each applicable case—

(i) the month and year when the T visa certification request for approval was submitted; and

(ii) if such request was denied, the reasons for such denial.

(F) Whether an investigation was initiated into each potential human trafficking case described in subparagraph (D).

SEC. 408. Cumulative biennial report on data collection and statistics.

Not later than 280 days after the date of enactment of this Act, and every 2 years thereafter, the Attorney General and the Secretary of Health and Human Services shall each submit to the Committee on the Judiciary and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on the Judiciary and the Committee on Energy and Commerce of the House of Representatives the status of the required data collection and reporting requirements of the Attorney General and the Secretary, respectively, related to trafficking, which shall include the status of—

(1) the study required under section 201(a)(1)(B)(ii) of the Trafficking Victims Protection Reauthorization Act of 2005 (34 U.S.C. 20701(a)(1)(B)(ii));

(2) the State reports required under section 237(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (34 U.S.C. 41309(b)) to be included in the Uniform Crime Reporting Program and the National Incident-Based Reporting System;

(3) the report required under section 237(c)(1)(A) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110–457; 122 Stat. 5084);

(4) the report required under section 237(c)(1)(B) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110–457; 122 Stat. 5084);

(5) the report required under section 237(c)(1)(C) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110–457; 122 Stat. 5084); and

(6) the comprehensive study required under section 237(c)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110–457; 122 Stat. 5085).

SEC. 409. Forced labor requirements.

(a) Department of Justice.—

(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Attorney General shall establish a team of not less than 10 agents within the Civil Rights Unit of the Federal Bureau of Investigation to be assigned to exclusively investigate labor trafficking.

(2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out paragraph (1) $2,000,000 for each of fiscal years 2022 to 2027, to remain available until expended.

(b) Department of Homeland Security.—

(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Secretary of Homeland Security shall establish a team of not less than 10 agents within the Center for Countering Human Trafficking of the Department of Homeland Security to be assigned to exclusively investigate labor trafficking.

(2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out paragraph (1) $2,000,000 for each of fiscal years 2022 to 2027, to remain available until expended.

SEC. 410. Homeland Security VAP.

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

“(d) Homeland security investigations victim assistance program.—

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

“(2) FUNCTIONS.—The Victim Assistance Program established under paragraph (1) shall—

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

“(B) locate, at a minimum—

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

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

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

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

“(C) provide training on such topics as victims’ rights, victim-related policies, roles of forensic interviewers and victim assistance specialists, and the victim-centered approach.

“(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2022 through 2027.”.

SEC. 411. Multidisciplinary teams.

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

§ 540D. Multidisciplinary teams

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

“(b) Multidisciplinary teams required.—

“(1) IN GENERAL.—The Director of the Federal Bureau of Investigation (referred to in this section as the ‘Director’) shall establish and maintain, except as provided in paragraph (2), multidisciplinary teams on child sexual abuse and sex and labor trafficking investigations for the purposes specified in subsection (c).

“(2) CHILD ADVOCACY CENTERS.—The Director—

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

“(B) shall allow, facilitate, and encourage multidisciplinary teams to collaborate with appropriate child advocacy centers with regard to availability, provision, and use of services to and by such victims and families.

“(3) MEMORANDA OF UNDERSTANDING.—The Director shall seek to enter into a memorandum of understanding with a national reputable accrediting organization for children's advocacy centers under which—

“(A) the children’s advocacy services of the national organization are made available to all field offices of the Federal Bureau of Investigation in the continental United States; and

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

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

“(1) To provide for the sharing of information among such team and other appropriate personnel regarding the progress of investigations into and resolutions of incidents of child sexual abuse and sex and labor trafficking reported to or otherwise investigated by the Federal Bureau of Investigation.

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

“(3) To enhance the social services available to victims in connection with such incidents, including through the enhancement of cooperation among specialists and other personnel providing such services in connection with such incidents.

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

“(d) Personnel.—

“(1) IN GENERAL.—Each multidisciplinary team maintained under subsection (b) shall be composed of the following:

“(A) Appropriate investigative personnel.

“(B) Appropriate mental health professionals.

“(C) Appropriate medical personnel.

“(D) Family advocacy case workers.

“(E) Child advocacy center personnel.

“(F) Appropriate prosecutors.

“(2) EXPERTISE AND TRAINING.—

“(A) IN GENERAL.—Any individual assigned to a multidisciplinary team shall possess such expertise, and shall undertake such training as is required to maintain such expertise, in order to ensure that members of the team remain appropriately qualified to carry out the purposes of the team under this section.

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

“(e) Sharing of information.—

“(1) ACCESS TO INFORMATION.—Personnel of child advocacy centers who are assigned to work on an investigation under this section shall be granted access to the case information necessary to perform their role conducting forensic interviews, providing mental health treatment, medical care, and victim advocacy for Federal Bureau of Investigation cases.

“(2) SHARING INFORMATION WITH FBI.—Child advocacy centers shall provide the Federal Bureau of Investigation with forensic interview recordings and documentation, medical reports, and other case information on Federal Bureau of Investigation-related cases.

“(3) SECURITY CLEARANCES.—

“(A) IN GENERAL.—The Federal Bureau of Investigation shall provide security clearances to not more than 20 individuals who are personnel of child advocacy centers for purposes of case review by multidisciplinary teams.

“(B) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated such sums as are necessary to carry out subparagraph (A).

“(f) Use of teams.—Multidisciplinary teams required under this section shall be made available for minor and adolescent reporting of child sexual abuse, as well as adult reporting of child sexual abuse.

“(g) Case review by multidisciplinary team.—Child sexual abuse investigations shall be regularly reviewed by a multidisciplinary team under this section at regularly scheduled times to—

“(1) share information about case progress;

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

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

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

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


“540D. Multidisciplinary teams.”.