[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1312 Engrossed Amendment House (EAH)]
<DOC>
In the House of Representatives, U. S.,
September 28, 2018.
Resolved, That the bill from the Senate (S. 1312) entitled ``An Act
to prioritize the fight against human trafficking in the United
States.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Trafficking
Victims Protection Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; sense of Congress.
TITLE I--FREDERICK DOUGLASS TRAFFICKING PREVENTION ACT OF 2017
Sec. 101. Training of school resource officers to recognize and respond
to signs of human trafficking.
Sec. 102. Training for school personnel.
TITLE II--JUSTICE FOR TRAFFICKING VICTIMS
Sec. 201. Injunctive relief.
Sec. 202. Improving support for missing and exploited children.
Sec. 203. Forensic and investigative assistance.
TITLE III--SERVICES FOR TRAFFICKING SURVIVORS
Sec. 301. Extension of anti-trafficking grant programs.
Sec. 302. Implementing a victim-centered approach to human trafficking.
Sec. 303. Improving victim screening.
TITLE IV--IMPROVED DATA COLLECTION AND INTERAGENCY COORDINATION
Sec. 401. Promoting data collection on human trafficking.
Sec. 402. Crime reporting.
Sec. 403. Human trafficking assessment.
TITLE V--TRAINING AND TECHNICAL ASSISTANCE
Sec. 501. Encouraging a victim-centered approach to training of Federal
law enforcement personnel.
Sec. 502. Victim screening training.
Sec. 503. Judicial training.
Sec. 504. Training of tribal law enforcement and prosecutorial
personnel.
TITLE VI--ACCOUNTABILITY
Sec. 601. Grant accountability.
TITLE VII--PUBLIC-PRIVATE PARTNERSHIP ADVISORY COUNCIL TO END HUMAN
TRAFFICKING
Sec. 701. Short title.
Sec. 702. Definitions.
Sec. 703. Public-Private Partnership Advisory Council to End Human
Trafficking.
Sec. 704. Reports.
Sec. 705. Sunset.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) The crime of human trafficking involves the
exploitation of adults through force, fraud, or coercion, and
children for such purposes as forced labor or commercial sex.
(2) Reliable data on the prevalence of human trafficking in
the United States is not available, but cases have been
reported in all 50 States, the territories of the United
States, and the District of Columbia.
(3) Each year, thousands of individuals may be trafficked
within the United States, according to recent estimates from
victim advocates.
(4) More accurate and comprehensive data on the prevalence
of human trafficking is needed to properly combat this form of
modern slavery in the United States.
(5) Victims of human trafficking can include men, women,
and children who are diverse with respect to race, ethnicity,
and nationality, among other factors.
(6) Since the enactment of the Trafficking Victims
Protection Act of 2000 (Public Law 106-386; 114 Stat. 1464),
human traffickers have launched increasingly sophisticated
schemes to increase the scope of their activities and the
number of their victims.
(b) Sense of Congress.--It is the sense of Congress that Congress
supports additional efforts to raise awareness of and oppose human
trafficking.
TITLE I--FREDERICK DOUGLASS TRAFFICKING PREVENTION ACT OF 2017
SEC. 101. TRAINING OF SCHOOL RESOURCE OFFICERS TO RECOGNIZE AND RESPOND
TO SIGNS OF HUMAN TRAFFICKING.
Section 1701(b)(12) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796dd(b)(12)) is amended by
inserting ``, including the training of school resource officers in the
prevention of human trafficking offenses'' before the semicolon at the
end.
SEC. 102. TRAINING FOR SCHOOL PERSONNEL.
Section 41201(f) of the Violence Against Women Act of 1994 (42
U.S.C. 14043c(f)) is amended by striking ``2014 through 2018'' and
inserting ``2019 through 2022''.
TITLE II--JUSTICE FOR TRAFFICKING VICTIMS
SEC. 201. INJUNCTIVE RELIEF.
(a) In General.--Chapter 77 of title 18, United States Code, is
amended by inserting after section 1595 the following:
``Sec. 1595A. Civil injunctions
``(a) In General.--Whenever it shall appear that any person is
engaged or is about to engage in any act that constitutes or will
constitute a violation of this chapter, chapter 110, or chapter 117, or
a conspiracy under section 371 to commit a violation of this chapter,
chapter 110, or chapter 117, the Attorney General may bring a civil
action in a district court of the United States seeking an order to
enjoin such act.
``(b) Action by Court.--The court shall proceed as soon as
practicable to the hearing and determination of a civil action brought
under subsection (a), and may, at any time before final determination,
enter such a restraining order or prohibition, or take such other
action, as is warranted to prevent a continuing and substantial injury
to the United States or to any person or class of persons for whose
protection the civil action is brought.
``(c) Procedure.--
``(1) In general.--A proceeding under this section shall be
governed by the Federal Rules of Civil Procedure, except that,
if an indictment has been returned against the respondent,
discovery shall be governed by the Federal Rules of Criminal
Procedure.
``(2) Sealed proceedings.--If a civil action is brought
under subsection (a) before an indictment is returned against
the respondent or while an indictment against the respondent is
under seal--
``(A) the court shall place the civil action under
seal; and
``(B) when the indictment is unsealed, the court
shall unseal the civil action unless good cause exists
to keep the civil action under seal.
``(d) Rule of Construction.--Nothing in this section shall be
construed or applied so as to abridge the exercise of rights guaranteed
under the First Amendment to the Constitution of the United States.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 77 of title 18, United States Code, is amended by inserting
after the item relating to section 1595 the following:
``1595A. Civil injunctions.''.
SEC. 202. IMPROVING SUPPORT FOR MISSING AND EXPLOITED CHILDREN.
(a) Findings.--Section 402 of the Missing Children's Assistance Act
(42 U.S.C. 5771) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) each year tens of thousands of children run away, or
are abducted or removed, from the control of a parent having
legal custody without the consent of that parent, under
circumstances which immediately place the child in grave
danger;'';
(2) by striking paragraphs (4) and (5);
(3) in paragraph (6) by inserting ``, including child sex
trafficking and sextortion'' after ``exploitation'';
(4) in paragraph (8) by adding ``and'' at the end;
(5) by striking paragraph (9);
(6) by amending paragraph (10) to read as follows:
``(10) a key component of such programs is the National
Center for Missing and Exploited Children that--
``(A) serves as a nonprofit, national resource
center and clearinghouse to provide assistance to
victims, families, child-serving professionals, and the
general public;
``(B) works with the Department of Justice, the
Federal Bureau of Investigation, the United States
Marshals Service, the Department of the Treasury, the
Department of State, U.S. Immigration and Customs
Enforcement, the United States Secret Service, the
United States Postal Inspection Service, other
agencies, and nongovernmental organizations in the
effort to find missing children and to prevent child
victimization; and
``(C) coordinates with each of the missing children
clearinghouses operated by the 50 States, the District
of Columbia, Puerto Rico, and international
organizations to transmit images and information
regarding missing and exploited children to law
enforcement agencies, nongovernmental organizations,
and corporate partners across the United States and
around the world instantly.''; and
(7) by redesignating paragraphs (6), (7), (8), and (10), as
amended by this subsection, as paragraphs (4), (5), (6), and
(7), respectively.
(b) Definitions.--Section 403 of the Missing Children's Assistance
Act (42 U.S.C. 5772) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) the term `missing child' means any individual less
than 18 years of age whose whereabouts are unknown to such
individual's parent;'';
(2) in paragraph (2) by striking ``and'' at the end;
(3) in paragraph (3) by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(4) the term `parent' includes a legal guardian or other
individual who may lawfully exercise parental rights with
respect to the child.''.
(c) Duties and Functions of the Administrator.--Section 404 of the
Missing Children's Assistance Act (34 U.S.C. 11293) is amended--
(1) in subsection (a)--
(A) in paragraph (3) by striking ``telephone line''
and inserting ``hotline''; and
(B) in paragraph (6)(E)--
(i) by striking ``telephone line'' and
inserting ``hotline'';
(ii) by striking ``(b)(1)(A) and'' and
inserting ``(b)(1)(A),''; and
(iii) by inserting ``, and the number and
types of reports to the tipline established
under subsection (b)(1)(K)(i)'' before the
semicolon at the end;
(2) in subsection (b)(1)--
(A) in subparagraph (A)--
(i) by striking ``telephone line'' each
place it appears and inserting ``hotline''; and
(ii) by striking ``legal custodian'' and
inserting ``parent'';
(B) in subparagraph (C)--
(i) in clause (i)--
(I) by striking ``restaurant'' and
inserting ``food''; and
(II) by striking ``and'' at the
end;
(ii) in clause (ii) by adding ``and'' at
the end; and
(iii) by adding at the end the following:
``(iii) innovative and model programs,
services, and legislation that benefit missing
and exploited children;'';
(C) by striking subparagraphs (E), (F), and (G);
(D) by amending subparagraph (H) to read as
follows:
``(H) provide technical assistance and training to
families, law enforcement agencies, State and local
governments, elements of the criminal justice system,
nongovernmental agencies, local educational agencies,
and the general public--
``(i) in the prevention, investigation,
prosecution, and treatment of cases involving
missing and exploited children;
``(ii) to respond to foster children
missing from the State child welfare system in
coordination with child welfare agencies and
courts handling juvenile justice and dependency
matters; and
``(iii) in the identification, location,
and recovery of victims of, and children at
risk for, child sex trafficking;'';
(E) by amending subparagraphs (I), (J), and (K) to
read as follows:
``(I) provide assistance to families, law
enforcement agencies, State and local governments,
nongovernmental agencies, child-serving professionals,
and other individuals involved in the location and
recovery of missing and abducted children nationally
and, in cooperation with the Department of State,
internationally;
``(J) provide support and technical assistance to
child-serving professionals involved in helping to
recover missing and exploited children by searching
public records databases to help in the identification,
location, and recovery of such children, and help in
the location and identification of potential abductors
and offenders;
``(K) provide forensic and direct on-site technical
assistance and consultation to families, law
enforcement agencies, child-serving professionals, and
nongovernmental organizations in child abduction and
exploitation cases, including facial reconstruction of
skeletal remains and similar techniques to assist in
the identification of unidentified deceased
children;'';
(F) by striking subparagraphs (L) and (M);
(G) by amending subparagraph (N) to read as
follows:
``(N) provide training, technical assistance, and
information to nongovernmental organizations relating
to non-compliant sex offenders and to law enforcement
agencies in identifying and locating such
individuals;'';
(H) by striking subparagraph (P);
(I) by amending subparagraph (Q) to read as
follows:
``(Q) work with families, law enforcement agencies,
electronic service providers, electronic payment
service providers, technology companies,
nongovernmental organizations, and others on methods to
reduce the existence and distribution of online images
and videos of sexually exploited children--
``(i) by operating a tipline to--
``(I) provide to individuals and
electronic service providers an
effective means of reporting Internet-
related and other instances of child
sexual exploitation in the areas of--
``(aa) possession,
manufacture, and distribution
of child pornography;
``(bb) online enticement of
children for sexual acts;
``(cc) child sex
trafficking;
``(dd) sex tourism
involving children;
``(ee) extra familial child
sexual molestation;
``(ff) unsolicited obscene
material sent to a child;
``(gg) misleading domain
names; and
``(hh) misleading words or
digital images on the Internet;
and
``(II) make reports received
through the tipline available to the
appropriate law enforcement agency for
its review and potential investigation;
``(ii) by operating a child victim
identification program to assist law
enforcement agencies in identifying victims of
child pornography and other sexual crimes to
support the recovery of children from sexually
exploitative situations; and
``(iii) by utilizing emerging technologies
to provide additional outreach and educational
materials to parents and families;'';
(J) by striking subparagraph (R);
(K) by amending subparagraphs (S) and (T) to read
as follows:
``(S) develop and disseminate programs and
information to families, child-serving professionals,
law enforcement agencies, State and local governments,
nongovernmental organizations, schools, local
educational agencies, child-serving organizations, and
the general public on--
``(i) the prevention of child abduction and
sexual exploitation;
``(ii) Internet safety, including tips for
social media and cyberbullying; and
``(iii) sexting and sextortion; and
``(T) provide technical assistance and training to
local educational agencies, schools, State and local
law enforcement agencies, individuals, and other
nongovernmental organizations that assist with finding
missing and abducted children in identifying and
recovering such children;''; and
(L) by redesignating subparagraphs (H), (I), (J),
(K), (N), (O), (Q), (S), (T), (U), and (V), as amended
by this subsection, as subparagraphs (E) through (O),
respectively.
(d) Grants.--Section 405 of the Missing Children's Assistance Act
(34 U.S.C. 11294) is amended--
(1) in subsection (a)--
(A) in paragraph (7) by striking ``(as defined in
section 403(1)(A))''; and
(B) in paragraph (8)--
(i) by striking ``legal custodians'' and
inserting ``parents''; and
(ii) by striking ``custodians''' and
inserting ``parents'''; and
(2) in subsection (b)(1)(A) by striking ``legal
custodians'' and inserting ``parents''.
(e) Reporting.--The Missing Children's Assistance Act (34 U.S.C.
11291 et seq.) is amended--
(1) by redesignating sections 407 and 408 as section 408
and 409, respectively; and
(2) by inserting after section 406 the following:
``SEC. 407. REPORTING.
``(a) Required Reporting.--As a condition of receiving funds under
section 404(b), the grant recipient shall, based solely on reports
received by the grantee and not involving any data collection by the
grantee other than those reports, annually provide to the Administrator
and make available to the general public, as appropriate--
``(1) the number of children nationwide who are reported to
the grantee as missing;
``(2) the number of children nationwide who are reported to
the grantee as victims of non-family abductions;
``(3) the number of children nationwide who are reported to
the grantee as victims of family abductions; and
``(4) the number of missing children recovered nationwide
whose recovery was reported to the grantee.
``(b) Incidence of Attempted Child Abductions.--As a condition of
receiving funds under section 404(b), the grant recipient shall--
``(1) track the incidence of attempted child abductions in
order to identify links and patterns;
``(2) provide such information to law enforcement agencies;
and
``(3) make such information available to the general
public, as appropriate.''.
SEC. 203. FORENSIC AND INVESTIGATIVE ASSISTANCE.
Section 3056(f) of title 18, United States Code, is amended--
(1) by inserting ``in conjunction with an investigation''
after ``local law enforcement agency''; and
(2) by striking ``in support of any investigation involving
missing or exploited children''.
TITLE III--SERVICES FOR TRAFFICKING SURVIVORS
SEC. 301. EXTENSION OF ANTI-TRAFFICKING GRANT PROGRAMS.
(a) Trafficking Victims Protection Act of 2000.--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 ``2014 through 2017'' and inserting ``2018 through
2021'';
(2) in section 113(d) (22 U.S.C. 7110(d))--
(A) in the paragraph (1), by striking ``$11,000,000
for each of fiscal years 2014 through 2017'' and
inserting ``$77,000,000 for each of fiscal years 2018
through 2021''; and
(B) in paragraph (3), by striking ``2014 through
2017'' and inserting ``2018 through 2021''; and
(b) Annual Trafficking Conference.--Section 201(c)(2) of the
Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C.
14044(c)(2)) is amended by striking ``2017'' and inserting ``2021''.
(c) Grants to State and Local Law Enforcement for Anti-trafficking
Programs.--Section 204(e) of the Trafficking Victims Protection
Reauthorization Act of 2005 (42 U.S.C. 14044c(e)) is amended by
striking ``2017'' and inserting ``2021''.
(d) Child Advocates for Unaccompanied Minors.--Section 235(c)(6)(F)
of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232(c)(6)(F)) is amended--
(1) in the matter preceding clause (i), by striking
``Secretary and Human Services'' and inserting ``Secretary of
Health and Human Services''; and
(2) in clause (ii), by striking ``the fiscal years 2016 and
2017'' and inserting ``fiscal years 2018 through 2021''.
(e) Reinstatement and Reauthorization of Grants To Combat Child Sex
Trafficking.--
(1) Reinstatement of expired provision.--
(A) In general.--Section 202 of the Trafficking
Victims Protection Reauthorization Act of 2005 (34
U.S.C. 20702) is amended to read as such section read
on March 6, 2017.
(B) Conforming amendment.--Section 1241(b) of the
Violence Against Women Reauthorization Act of 2013 (34
U.S.C. 20702 note) is repealed.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect as though enacted on March 6, 2017.
(3) Reauthorization.--Section 202(i) of the Trafficking
Victims Protection Reauthorization Act of 2005, as amended by
paragraph (1), is amended by striking ``2014 through 2017'' and
inserting ``2018 through 2021''.
SEC. 302. IMPLEMENTING A VICTIM-CENTERED APPROACH TO HUMAN TRAFFICKING.
Section 107(b)(2) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7105(b)(2)) is amended--
(1) in subparagraph (B)(ii), by striking the period at the
end and inserting ``; and''; and
(2) by adding at the end the following:
``(D) Priority.--In selecting recipients of grants
under this paragraph that are only available for law
enforcement operations or task forces, the Attorney
General may give priority to any applicant that files
an attestation with the Attorney General stating that--
``(i) the grant funds awarded under this
paragraph--
``(I) will be used to assist in the
prevention of severe forms of
trafficking in persons;
``(II) will be used to strengthen
efforts to investigate and prosecute
those who knowingly benefit financially
from participation in a venture that
has engaged in any act of human
trafficking;
``(III) will be used to take
affirmative measures to avoid
arresting, charging, or prosecuting
victims of human trafficking for any
offense that is the direct result of
their victimization; and
``(IV) will not be used to require
a victim of human trafficking to
collaborate with law enforcement
officers as a condition of access to
any shelter or restorative services;
and
``(ii) the applicant will provide dedicated
resources for anti-human trafficking law
enforcement officers for a period that is
longer than the duration of the grant received
under this paragraph.''.
SEC. 303. IMPROVING VICTIM SCREENING.
(a) In General.--The Trafficking Victims Protection Act of 2000 (22
U.S.C. 7101 et seq.) is amended by inserting after section 107A (22
U.S.C. 7105a) the following:
``SEC. 107B. IMPROVING DOMESTIC VICTIM SCREENING PROCEDURES.
``(a) Victim Screening Tools.--Not later than October 1, 2018, the
Attorney General shall compile and disseminate, to all grantees who are
awarded grants to provide victims' services under subsection (b) or (f)
of section 107, information about reliable and effective tools for the
identification of victims of human trafficking.
``(b) Use of Screening Procedures.--Beginning not later than
October 1, 2018, the Attorney General, in consultation with the
Secretary of Health and Human Services, shall identify recommended
practices for the screening of human trafficking victims and shall
encourage the use of such practices by grantees receiving a grant to
provide victim services to youth under subsection (b) or (f) of section
107.''.
(b) Clerical Amendment.--The table of contents for the Victims of
Trafficking and Violence Protection Act of 2000 (Public Law 106-386) is
amended by inserting after the item relating to section 107A the
following:
``Sec. 107B. Improving domestic victim screening procedures.''.
(c) Amendment to Title 18.--Section 1593A of title 18, United
States Code, is amended by striking ``section 1581(a), 1592, or
1595(a)'' and inserting ``this chapter''.
TITLE IV--IMPROVED DATA COLLECTION AND INTERAGENCY COORDINATION
SEC. 401. PROMOTING DATA COLLECTION ON HUMAN TRAFFICKING.
(a) Prevalence of Human Trafficking.--Not later than 1 year after
the date of enactment of this Act, the Attorney General shall submit to
Congress a report on the efforts of the National Institute of Justice
to develop a methodology to assess the prevalence of human trafficking
in the United States, including a timeline for completion of the
methodology.
(b) Innocence Lost National Initiative.--Not later than 180 days
after the date of enactment of this Act, the Director of the Federal
Bureau of Investigation shall submit to the Committee on the Judiciary
and the Committee on Appropriations of the Senate and the Committee on
the Judiciary and the Committee on Appropriations of the House of
Representatives a report on the status of the Innocence Lost National
Initiative, which shall include, for each of the last 5 fiscal years,
information on--
(1) the number of human traffickers who were arrested,
disaggregated by--
(A) the number of individuals arrested for
patronizing or soliciting an adult;
(B) the number of individuals arrested for
recruitment, harboring, maintaining, or obtaining an
adult;
(C) the number of individuals arrested for
patronizing or soliciting a minor; and
(D) the number of individuals arrested for
recruitment, harboring, maintaining, or obtaining a
minor;
(2) the number of adults who were arrested on charges of
prostitution;
(3) the number of minor victims who were identified;
(4) the number of minor victims who were arrested and
formally petitioned by a juvenile court or criminally charged;
and
(5) the placement of and social services provided to each
such minor victim as part of each State operation.
(c) Availability of Reports.--The reports required under
subsections (a) and (b) shall be posted on the website of the
Department of Justice.
SEC. 402. CRIME REPORTING.
Section 7332(c) of the Uniform Federal Crime Reporting Act of 1988
(28 U.S.C. 534 note) is amended--
(1) in paragraph (3), by striking ``in the form of annual
Uniform Crime Reports for the United States'' and inserting
``not less frequently than annually''; and
(2) by adding at the end the following:
``(4) Interagency coordination.--
``(A) In general.--Not later than 90 days after the
date of enactment of this paragraph, the Director of
the Federal Bureau of Investigation shall coordinate
with the head of each department or agency within the
Federal Government that is subject to the mandatory
reporting requirements under paragraph (2) for the
purpose of ensuring successful implementation of
paragraph (2).
``(B) For report.--Not later than 6 months after
the date of enactment of this paragraph, the head of
each department or agency within the Federal Government
that is subject to the mandatory reporting requirements
under paragraph (2) shall provide the Director of the
Federal Bureau of Investigation such information as the
Director determines is necessary to complete the first
report required under paragraph (5).
``(5) Annual report by federal bureau of investigation.--
Not later than 1 year after the date of enactment of this
paragraph, and annually thereafter, the Director of the Federal
Bureau of Investigation shall prepare and submit to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives a report
detailing the efforts of the departments and agencies within
the Federal Government to come into compliance with paragraph
(2). The report shall contain a list of all departments and
agencies within the Federal Government subject to paragraph (2)
and whether each department or agency is in compliance with
paragraph (2).''.
SEC. 403. HUMAN TRAFFICKING ASSESSMENT.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter, the Executive Associate Director of Homeland
Security Investigations shall submit to the Committee on Homeland
Security and Governmental Affairs and the Committee on the Judiciary of
the Senate, and the Committee on Homeland Security and the Committee on
the Judiciary of the House of Representatives a report on human
trafficking investigations undertaken by Homeland Security
Investigations that includes--
(1) the number of confirmed human trafficking
investigations by category, including labor trafficking, sex
trafficking, and transnational and domestic human trafficking;
(2) the number of victims by category, including--
(A) whether the victim is a victim of sex
trafficking or a victim of labor trafficking; and
(B) whether the victim is a minor or an adult; and
(3) an analysis of the data described in paragraphs (1) and
(2) and other data available to Homeland Security
Investigations that indicates any general human trafficking or
investigatory trends.
TITLE V--TRAINING AND TECHNICAL ASSISTANCE
SEC. 501. ENCOURAGING A VICTIM-CENTERED APPROACH TO TRAINING OF FEDERAL
LAW ENFORCEMENT PERSONNEL.
(a) Training Curriculum Improvements.--The Attorney General,
Secretary of Homeland Security, and Secretary of Labor shall
periodically, but not less frequently than once every 2 years,
implement improvements to the training programs on human trafficking
for employees of the Department of Justice, Department of Homeland
Security, and Department of Labor, respectively, after consultation
with survivors of human trafficking, or trafficking victims service
providers, and Federal law enforcement agencies responsible for the
prevention, deterrence, and prosecution of offenses involving human
trafficking (such as individuals serving as, or who have served as,
investigators in a Federal agency and who have expertise in identifying
human trafficking victims and investigating human trafficking cases).
(b) Advanced Training Curriculum.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Attorney General and the Secretary
of Homeland Security shall develop an advanced training
curriculum, to supplement the basic curriculum for
investigative personnel of the Department of Justice and the
Department of Homeland Security, respectively, that--
(A) emphasizes a multidisciplinary, collaborative
effort by law enforcement officers who provide a broad
range of investigation and prosecution options in
response to perpetrators, and victim service providers,
who offer services and resources for victims;
(B) provides guidance about the recruitment
techniques employed by human traffickers to clarify
that an individual who knowingly solicits or patronizes
a commercial sex act from a person who was a minor
(consistent with section 1591(c) of title 18, United
States Code) or was subject to force, fraud, or
coercion is guilty of an offense under chapter 77 of
title 18, United States Code, and is a party to a human
trafficking offense; and
(C) explains that--
(i) victims of sex or labor trafficking
often engage in criminal acts as a direct
result of severe trafficking in persons and
such individuals are victims of a crime and
affirmative measures should be taken to avoid
arresting, charging, or prosecuting such
individuals for any offense that is the direct
result of their victimization; and
(ii) a comprehensive approach to
eliminating human trafficking should include
demand reduction as a component.
(2) Use of curriculum.--The Attorney General and the
Secretary of Homeland Security shall provide training using the
curriculum developed under paragraph (1) to--
(A) all law enforcement officers employed by the
Department of Justice and the Department of Homeland
Security, respectively, who may be involved in the
investigation of human trafficking offenses; and
(B) members of task forces that participate in the
investigation of human trafficking offenses.
(c) Training Components.--Section 107(c)(4)(B) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7105(c)(4)(B)) is amended--
(1) in clause (ii), by striking ``and'' at the end;
(2) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iv) a discussion clarifying that an
individual who knowingly solicits or patronizes
a commercial sex act from a person who was a
minor (consistent with section 1591(c) of title
18, United States Code) or was subject to
force, fraud, or coercion is guilty of an
offense under chapter 77 of title 18, United
States Code, and is a party to a human
trafficking offense.''.
SEC. 502. VICTIM SCREENING TRAINING.
Section 114 of the Justice for Victims of Trafficking Act of 2015
(34 U.S.C. 20709) is amended--
(1) in subsection (c)(1)(A)--
(A) in clause (i), by striking the ``and'' at the
end;
(B) in clause (ii), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(iii) individually screening all adults
and children who are suspected of engaging in
commercial sex acts or who are subject to labor
exploitation that may be in violation of child
labor laws to determine whether each individual
screened is a victim of human trafficking; and
``(iv) how--
``(I) victims of sex or labor
trafficking often engage in criminal
acts as a direct result of severe
trafficking in persons; and
``(II) such individuals are victims
of a crime and affirmative measures
should be taken to avoid arresting,
charging, or prosecuting such
individuals for any offense that is the
direct result of their
victimization.''; and
(2) by adding at the end the following:
``(f) Department of Justice Victim Screening Protocol.--
``(1) In general.--Not later than 180 days after the date
of enactment of this subsection, the Attorney General shall
issue a screening protocol for use during all anti-trafficking
law enforcement operations in which the Department of Justice
is involved.
``(2) Requirements.--The protocol required to be issued
under paragraph (1) shall--
``(A) require the individual screening of all
adults and children who are suspected of engaging in
commercial sex acts or who are subject to labor
exploitation that may be in violation of child labor
laws to determine whether each individual screened is a
victim of human trafficking;
``(B) require affirmative measures to avoid
arresting, charging, or prosecuting human trafficking
victims for any offense that is the direct result of
their victimization;
``(C) require all Federal law enforcement officers
and relevant department personnel who participate in
human trafficking investigations to receive training on
enforcement of the protocol;
``(D) be developed in consultation with State and
local law enforcement agencies, the Department of
Health and Human Services, survivors of human
trafficking, and nongovernmental organizations that
specialize in the identification, prevention, and
restoration of victims of human trafficking; and
``(E) include--
``(i) procedures and practices to ensure
that the screening process minimizes trauma or
revictimization of the person being screened;
and
``(ii) guidelines on assisting victims of
human trafficking in identifying and receiving
victim services.''.
SEC. 503. JUDICIAL TRAINING.
Section 223(b)(2) of the Victims of Child Abuse Act of 1990 (34
U.S.C. 20333(b)(2)) is amended--
(1) in subparagraph (B) by striking ``and'' at the end;
(2) in subparagraph (C) by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) procedures for improving the judicial response to
children who are vulnerable to human trafficking, to the extent
an appropriate screening tool exists.''.
SEC. 504. TRAINING OF TRIBAL LAW ENFORCEMENT AND PROSECUTORIAL
PERSONNEL.
The Attorney General, in consultation with the Director of the
Office of Tribal Justice, shall carry out a program under which tribal
law enforcement officials may receive technical assistance and training
to pursue a victim-centered approach to investigating and prosecuting
severe forms of trafficking in persons (as defined in section 103 of
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)).
TITLE VI--ACCOUNTABILITY
SEC. 601. GRANT ACCOUNTABILITY.
Section 1236 of the Violence Against Women Reauthorization Act of
2013 (22 U.S.C. 7113) is amended--
(1) in the matter preceding paragraph (1), by striking
``All grants'' and inserting the following:
``(a) In General.--For fiscal year 2013, and each fiscal year
thereafter, all grants''; and
(2) by adding at the end the following:
``(b) Application to Additional Grants.--For purposes of subsection
(a), for fiscal year 2018, and each fiscal year thereafter, the term
`grant awarded by the Attorney General under this title or an Act
amended by this title' includes a grant under any of the following:
``(1) Section 223 of the Victims of Child Abuse Act of 1990
(34 U.S.C. 20333).
``(2) The program under section 504 of the Trafficking
Victims Protection Act of 2017.''.
TITLE VII--PUBLIC-PRIVATE PARTNERSHIP ADVISORY COUNCIL TO END HUMAN
TRAFFICKING
SEC. 701. SHORT TITLE.
This title may be cited as the ``Public-Private Partnership
Advisory Council to End Human Trafficking Act''.
SEC. 702. DEFINITIONS.
In this Act:
(1) Council.--The term ``Council'' means the Public-Private
Partnership Advisory Council to End Human Trafficking.
(2) Group.--The term ``Group'' means the Senior Policy
Operating Group established under section 105(g) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(g)).
(3) Task force.--The term ``Task Force'' means the
President's Interagency Task Force to Monitor and Combat
Trafficking established under section 105(a) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7103(a)).
SEC. 703. PUBLIC-PRIVATE PARTNERSHIP ADVISORY COUNCIL TO END HUMAN
TRAFFICKING.
(a) Establishment.--There is established the Public-Private
Partnership Advisory Council to End Human Trafficking, which shall
provide advice and recommendations to the Group and the Task Force.
(b) Membership.--
(1) Composition.--The Council shall be composed of not
fewer than 8 and not more than 14 representatives of
nongovernmental organizations, academia, and nonprofit groups
who have significant knowledge and experience in human
trafficking prevention and eradication, identification of human
trafficking, and services for human trafficking victims.
(2) Representation of nonprofit and nongovernmental
organizations.--To the extent practicable, members of the
Council shall be representatives of nonprofit groups, academia,
and nongovernmental organizations who accurately reflect the
diverse backgrounds related to work in the prevention,
eradication, and identification of human trafficking and
services for human trafficking victims in the United States and
internationally.
(3) Appointment.--Not later than 180 days after the date of
the enactment of this Act, the President shall appoint--
(A) 1 member of the Council, after consultation
with the President Pro Tempore of the Senate;
(B) 1 member of the Council, after consultation
with the Minority Leader of the Senate;
(C) 1 member of the Council, after consultation
with the Speaker of the House of Representatives;
(D) 1 member of the Council, after consultation
with the Minority Leader of the House of
Representatives; and
(E) the remaining members of the Council.
(4) Term; reappointment.--Each member of the Council--
(A) shall serve for a term of 2 years; and
(B) may be reappointed by the President to serve 1
additional 2-year term.
(5) Employee status.--Members of the Council--
(A) shall not be considered employees of the
Federal Government for any purpose; and
(B) shall not receive compensation.
(c) Functions.--The Council shall--
(1) be a nongovernmental advisory body to the Group;
(2) meet, at its own discretion or at the request of the
Group, not less frequently than annually, to review Federal
Government policy and programs intended to combat human
trafficking, including programs relating to the provision of
services for victims;
(3) serve as a point of contact, with the United States
Advisory Council on Human Trafficking, for Federal agencies
reaching out to human trafficking nonprofit groups and
nongovernmental organizations for input on programming and
policies relating to human trafficking in the United States;
(4) formulate assessments and recommendations to ensure
that the policy and programming efforts of the Federal
Government conform, to the extent practicable, to the best
practices in the field of human trafficking prevention and
rehabilitation and aftercare of human trafficking victims; and
(5) meet with the Group not less frequently than annually,
and not later than 45 days before a meeting with the Task
Force, to formally present the findings and recommendations of
the Council.
(d) Nonapplicability of FACA.--The Council shall not be subject to
the requirements under the Federal Advisory Committee Act (5 U.S.C.
App.).
SEC. 704. REPORTS.
Not later than 1 year after the date of the enactment of this Act
and annually thereafter until the date described in section 705, the
Council, in coordination with the United States Advisory Council on
Human Trafficking, shall submit a report containing the findings
derived from the reviews conducted pursuant to section 703(c)(2) to--
(1) the Committee on Appropriations of the Senate;
(2) the Committee on Foreign Relations of the Senate;
(3) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(4) the Committee on the Judiciary of the Senate;
(5) the Committee on Appropriations of the House of
Representatives;
(6) the Committee on Foreign Affairs of the House of
Representatives;
(7) the Committee on Homeland Security of the House of
Representatives;
(8) the Committee on the Judiciary of the House of
Representatives;
(9) the chair of the Task Force; and
(10) the members of the Group.
SEC. 705. SUNSET.
The Council shall terminate on September 30, 2020.
Attest:
Clerk.
115th CONGRESS
2d Session
S. 1312
_______________________________________________________________________
AMENDMENT