[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1312 Engrossed in Senate (ES)]

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115th CONGRESS
  1st Session
                                S. 1312

_______________________________________________________________________

                                 AN ACT


 
To prioritize the fight against human trafficking in the United States.

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

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. Establishment of Office of Victim Assistance.
Sec. 303. Implementing a victim-centered approach to human trafficking.
Sec. 304. Improving victim screening.
Sec. 305. Improving victim services.
    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 (42 U.S.C. 5773) 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 
(42 U.S.C. 5775) 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 (42 U.S.C. 
5771 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 (22 U.S.C. 7110)--
                    (A) in subsection (d)--
                            (i) in the paragraph (1), by striking 
                        ``$11,000,000 for each of fiscal years 2014 
                        through 2017'' and inserting ``$45,000,000 for 
                        each of fiscal years 2018 through 2021''; and
                            (ii) in paragraph (3), by striking ``2014 
                        through 2017'' and inserting ``2018 through 
                        2021''; and
                    (B) in subsection (e)--
                            (i) in paragraph (1), by striking ``2014 
                        through 2017'' and inserting ``2018 through 
                        2021''; and
                            (ii) in paragraph (2), by striking ``2014 
                        through 2017'' and inserting ``2018 through 
                        2021''; and
                    (C) in subsection (f), by striking ``2014 through 
                2017'' and inserting ``2018 through 2021''.
    (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 (42 
                U.S.C. 14044a) 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 (42 
                U.S.C. 14044a 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. ESTABLISHMENT OF OFFICE OF VICTIM ASSISTANCE.

    (a) Technical Amendments.--Subtitle D of title IV of the Homeland 
Security Act of 2002 (6 U.S.C. 251 et seq.) is amended--
            (1) in section 442--
                    (A) by striking ``bureau'' each place such term 
                appears, except in subsection (a)(1), and inserting 
                ``agency'';
                    (B) by striking ``the Bureau of Border Security'' 
                each place such term appears and inserting ``U.S. 
                Immigration and Customs Enforcement'';
                    (C) in the section heading, by striking ``bureau of 
                border security'' and inserting ``u.s. immigration and 
                customs enforcement'';
                    (D) in subsection (a)--
                            (i) in the heading, by striking ``of 
                        Bureau''; and
                            (ii) in paragraph (1), by striking ``a 
                        bureau to be known as the `Bureau of Border 
                        Security'.'' and inserting ``an agency to be 
                        known as `U.S. Immigration and Customs 
                        Enforcement'.'';
                            (iii) in paragraph (3)(C), by striking 
                        ``the Bureau of'' before ``Citizenship and 
                        Immigration Services'' and inserting ``U.S.''; 
                        and
                            (iv) in paragraph (4), by striking ``the 
                        Bureau.'' and inserting ``the agency.''; and
                    (E) in subsection (b)(2)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``Bureau of Border Security'' 
                        and inserting ``U.S. Immigration and Customs 
                        Enforcement''; and
                            (ii) in subparagraph (B), by striking ``the 
                        Bureau of'' before ``Citizenship and 
                        Immigration Services'' and inserting ``U.S.''; 
                        and
            (2) in section 443(2), by striking ``such bureau'' and 
        inserting ``such agency''.
    (b) Formalization of Office of Victim Assistance.--Section 442 of 
the Homeland Security Act of 2002 (6 U.S.C. 252) is amended by adding 
at the end the following:
    ``(d) Office of Victim Assistance.--
            ``(1) In general.--There is established in Homeland 
        Security Investigations of U.S. Immigration and Customs 
        Enforcement the Office of Victim Assistance.
            ``(2) Purpose.--The purpose of the Office of Victim 
        Assistance shall be--
                    ``(A) to provide national oversight to ensure that 
                all employees of the U.S. Immigration and Customs 
                Enforcement comply with all applicable Federal laws and 
                policies concerning victims' rights, access to 
                information, advisement of legal rights, just and fair 
                treatment of victims, and respect for victims' privacy 
                and dignity;
                    ``(B) to oversee and support specially trained 
                victim assistance personnel through guidance, training, 
                travel, technical assistance, and equipment to support 
                Homeland Security Investigations in domestic and 
                international investigations with a potential or 
                identified victim or witness.
            ``(3) Functions.--The Office of Victim Assistance shall--
                    ``(A) fund and provide guidance, training, travel, 
                technical assistance, equipment, emergency funding for 
                urgent victim needs as identified, and coordination of 
                victim assistance personnel throughout Homeland 
                Security Investigations to provide potential and 
                identified victims and witnesses with access to the 
                rights and services to which they are entitled by law;
                    ``(B) provide training throughout the U.S. 
                Immigration and Customs Enforcement on victim-related 
                policies, issues, roles of victim assistance personnel, 
                and the victim-centered approach in investigations;
                    ``(C) provide victim assistance specialists to 
                assess victims' needs, provide referrals for 
                comprehensive assistance, and work with special agents 
                to integrate victim assistance considerations 
                throughout the investigation and judicial processes, as 
                needed, by locating such specialists--
                            ``(i) where there is a human trafficking 
                        task force in which Homeland Security 
                        Investigations participates;
                            ``(ii) where there is a task force 
                        targeting child sexual exploitation in which 
                        Homeland Security Investigations participates; 
                        and
                            ``(iii) in each Homeland Security 
                        Investigations Special Agent in Charge Office 
                        to address victims of other Federal crimes, 
                        such as telemarketing fraud, which Homeland 
                        Security Investigations investigates;
                    ``(D) provide forensic interview specialists in 
                each Homeland Security Investigations Special Agent in 
                Charge Office to conduct victim-centered and legally 
                sufficient fact finding forensic interviews, both 
                domestically and internationally;
                    ``(E) provide case consultation, operational 
                planning, coordination of services, and technical 
                assistance and training to special agents regarding all 
                issues related to victims and witnesses of all ages;
                    ``(F) establish victim-related policies for 
                Homeland Security Investigations, including policies 
                related to human trafficking, child sexual 
                exploitation, and other Federal crimes investigated by 
                Homeland Security Investigations; and
                    ``(G) collaborate with other Federal, State, local, 
                and tribal governmental, nongovernmental, and nonprofit 
                entities regarding policy, outreach, and training 
                activities.
            ``(4) Data collection.--The Office of Victim Assistance 
        shall collect and maintain data in a manner that protects the 
        confidentiality of the data and omits personally identifying 
        information and subject to other Federal laws regarding victim 
        confidentiality, including--
                    ``(A) the sex and race of the victim;
                    ``(B) each alleged crime that the victim was 
                subjected to, and in the case of human trafficking, 
                each purpose for which the victim was trafficked, such 
                as commercial sex or forced labor; and
                    ``(C) whether the victim was an adult or a minor 
                child.
            ``(5) Availability of data to congress.--The Office of 
        Victim Assistance shall make the data collected and maintained 
        under paragraph (4) available to the committees of Congress set 
        forth in section 105(d)(7) of the Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7103(d)(7)).''.
    (c) Reporting Requirement.--Section 105(d)(7) of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is amended--
            (1) in subparagraph (Q)(vii), by striking ``and'' at the 
        end;
            (2) in subparagraph (R), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(S) the data collected by Homeland Security 
                Investigations of U.S. Immigration and Customs 
                Enforcement under section 442(d)(4) of the Homeland 
                Security Act of 2002.''.
    (d) Conforming Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) 
is amended by striking the item relating to section 442 and inserting 
the following:

``Sec. 442. Establishment of U.S. Immigration and Customs 
                            Enforcement.''.

SEC. 303. 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. 304. 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''.

SEC. 305. IMPROVING VICTIM SERVICES.

    Section 1402(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 
10601(d)(3)) is amended by adding at the end the following:
            ``(C)(i) The Director may use not more than 1 percent of 
        the amount to be distributed from the Fund under this paragraph 
        in a particular fiscal year to provide and improve direct 
        assistance services for crime victims, including victim 
        assistance coordinators and specialists, in the Federal 
        criminal justice system (as described in section 3771 of title 
        18, United States Code, and section 503 of the Victims' Rights 
        and Restitution Act of 1990 (42 U.S.C. 10607)) by a department 
        or agency of the Federal Government other than the Department 
        of Justice.
            ``(ii) Beginning in the first fiscal year beginning after 
        the date of enactment of this subparagraph and every fiscal 
        year thereafter, the Director shall solicit requests for 
        funding under clause (i).
            ``(iii) Before amounts are distributed from the Fund to a 
        department or agency for the purpose described in clause (i), 
        the Director shall evaluate whether the activities proposed to 
        be carried out by such department or agency would duplicate 
        services that are provided by another department or agency of 
        the Federal Government (including the Department of Justice) 
        using amounts from the Fund, and impose measures to avoid such 
        duplication to the greatest extent possible.''.

    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 
(42 U.S.C. 14044g) 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 (42 
U.S.C. 13023(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 
        (42 U.S.C. 13023).
            ``(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 3(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.

            Passed the Senate September 11, 2017.

            Attest:

                                                             Secretary.
115th CONGRESS

  1st Session

                                S. 1312

_______________________________________________________________________

                                 AN ACT

To prioritize the fight against human trafficking in the United States.