Abolish Trafficking Reauthorization Act of 2022
This act reauthorizes various antitrafficking programs, establishes a national strategy on cybercrime against individuals, and expands information sharing and data collection requirements regarding human trafficking.
TITLE I--GRANTS RELATING TO HUMAN TRAFFICKING PREVENTION AND ASSISTANCE FOR VICTIMS OF HUMAN TRAFFICKING
(Sec. 101) This section allows funds provided by the Department of Justice (DOJ) for human trafficking training and technical assistance programs to be used for programs funded through the Office of Community Oriented Policing Services that build law enforcement capacity to identify and respond to human trafficking, such as the Interdiction for the Protection of Children Program.
(Sec. 102) This section allows a victim of human trafficking (e.g., sex trafficking) to pursue a civil claim against persons who attempt or conspire to benefit from the human trafficking in addition to persons who benefit from the human trafficking.
(Sec. 103) This section generally requires grantees and subgrantees that receive funding from DOJ or the Department of Health and Human Services (HHS) to assist victims of trafficking in the United States to protect the confidentiality and privacy of the individuals they serve and their families.
(Sec. 104) This section authorizes HHS to make grants to states to develop, improve, or expand programs that help child welfare agencies identify and respond to (1) children who are victims of child abuse and neglect and of sexual abuse because they are identified as victims of sex trafficking or severe forms of trafficking in persons; and (2) child-welfare-involved children who are (or are at risk of being) victims of one or more forms of trafficking in persons.
This section also expresses the sense of Congress that health care and social service licensing boards and professional membership associations should facilitate access to trafficking-specific training.
(Sec. 105) This section reauthorizes the Domestic Trafficking Victims' Fund through FY2027. It also makes permanent the requirement for courts to impose a special assessment on nonindigent persons or entities convicted of certain federal trafficking-related offenses including peonage, slavery, or trafficking in persons; sexual abuse; sexual exploitation and other child abuse; transportation for illegal sexual activity; and certain human smuggling offenses. The special assessments are deposited into the Domestic Trafficking Victims' Fund and support programs for victims of human trafficking.
Additionally, this section reauthorizes through FY2027 various grants, programs, and activities that combat human trafficking and assist victims, including
TITLE II--COMPENSATION OF VICTIMS OF HUMAN TRAFFICKING
(Sec. 201) This section modifies federal bankruptcy laws to specify that a debtor may not discharge in bankruptcy debts for an injury to an individual related to a trafficking offense under federal criminal law. This includes an 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 trafficking offense under federal criminal law.
TITLE III--CYBER HARASSMENT PREVENTION
Subtitle A--Cybercrime Statistics
(Sec. 311) This section requires DOJ to develop a national strategy to reduce, investigate, and prosecute cybercrimes against individuals. The strategy supplements the National Strategy to Combat Human Trafficking and the National Strategy for Child Exploitation Prevention and Interdiction.
Additionally, this section specifies that the House and Senate Judiciary Committees are appropriate committees to which the National Academy of Sciences must submit its report on cybercrime taxonomy.
Subtitle B--Prioritizing Online Threat Enforcement
(Sec. 321) This section requires DOJ to ensure that there are at least 10 additional agents at the Federal Bureau of Investigation (FBI) to investigate cybercrimes against individuals. DOJ must also ensure that there is at least one attorney in each U.S. Attorney office who is responsible for investigating and prosecuting cybercrimes against individuals.
Finally, this section requires DOJ to implement a training program for FBI agents related to investigating and prosecuting cybercrimes against individuals, including relevant forensic training.
(Sec. 322) This section requires the Office for Victims of Crime within DOJ to report on the nature, extent, and amount of funding under the Victims of Crime Act of 1984 for victims of cybercrimes against individuals. The Victims of Crime Act of 1984 established the Crime Victims Fund, which provides funding to support victims of crime through various federal programs and state and local victim assistance and compensation initiatives.
(Sec. 323) This section allows the Department of State to exchange information with foreign governments pursuant to a bilateral or multilateral agreement that provides for the sharing of information related to individuals who are convicted of sex offenses against minors.
Further, it specifies that 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) This section requires DOJ to disseminate information and provide training and technical assistance to help states and local governments (1) investigate, prosecute, pursue, prevent, understand, and mitigate the impact of physical, sexual, and psychological abuse of cybercrime victims; the exploitation of cybercrime victims; and the deprioritization of cybercrime; and (2) assess, address, and mitigate the physical and psychological trauma to victims of cybercrime.
TITLE IV--OTHER FEDERAL IMPROVEMENTS RELATING TO HUMAN TRAFFICKING
(Sec. 401) This section requires DOJ and the Department of Homeland Security (DHS) to provide incentive pay to individuals who are appointed to positions requiring significant cyber skills, including to protect victims of trafficking, prevent trafficking in persons, or prosecute technology-facilitated crimes against children.
(Sec. 402) This section prohibits federal agencies from requiring a survivor of human trafficking who is less than 18 years of age or a homeless youth to obtain the consent or signature of a parent or guardian to receive a government-issued identification card. Additionally, it prohibits federal agencies from charging a fee for the identification card.
(Sec. 403) This section allows DOJ to use amounts in its Assets Forfeiture Fund to reimburse operating expenses and program costs incurred by crime-tip organizations that meet certain criteria (e.g., annually waive their qualification for awards for information leading to forfeiture and payments from equitably shared forfeiture funds) and offer rewards for information about violations of federal criminal laws prohibiting human trafficking.
(Sec. 404) This section requires DOJ to include additional information in its annual report on U.S. government efforts to combat human trafficking. First, with respect to noncitizen victims of human trafficking whose application for continued presence, T nonimmigrant status (a T-visa), or U nonimmigrant status (a U-visa) are denied, DOJ must include the reason for the denial and the length of time for the denial to be issued. Second, DOJ must include disaggregated data regarding the number of victims trafficked by third parties and by family members, victims trafficked by victim age, and victims trafficked by the type of trafficking.
(Sec. 405) This section requires DOJ and HHS to report biennially on the status of various data collection and reporting requirements related to trafficking.
(Sec. 406) This section requires DOJ and DHS to each establish a team of at least 10 agents to exclusively investigate labor trafficking.