[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1312 Reported in Senate (RS)]
<DOC>
Calendar No. 189
115th CONGRESS
1st Session
S. 1312
To prioritize the fight against human trafficking in the United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 7, 2017
Mr. Grassley (for himself, Mrs. Feinstein, Mr. Cornyn, Ms. Klobuchar,
Mr. Corker, Mr. Rubio, Mr. Hatch, Mr. Crapo, Mr. Blumenthal, Mr. Leahy,
Mr. Coons, Mr. Tillis, Mr. Brown, Mr. Young, Mr. Durbin, Mrs.
McCaskill, Mr. Kennedy, Ms. Cortez Masto, Mr. Van Hollen, Mr. Peters,
and Mr. Cruz) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
August 1, 2017
Reported by Mr. Grassley, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the
``Trafficking Victims Protection Act of 2017''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings; sense of Congress.
<DELETED>TITLE I--FREDERICK DOUGLASS TRAFFICKING PREVENTION ACT OF 2017
<DELETED>Sec. 101. Training of school resource officers to recognize
and respond to signs of human trafficking.
<DELETED>Sec. 102. Training for school personnel.
<DELETED>TITLE II--JUSTICE FOR TRAFFICKING VICTIMS
<DELETED>Sec. 201. Injunctive relief.
<DELETED>Sec. 202. Improving support for missing and exploited
children.
<DELETED>Sec. 203. Forensic and investigative assistance.
<DELETED>TITLE III--SERVICES FOR TRAFFICKING SURVIVORS
<DELETED>Sec. 301. Extension of anti-trafficking grant programs.
<DELETED>Sec. 302. Establishment of Office of Victim Assistance.
<DELETED>Sec. 303. Implementing a victim-centered approach to human
trafficking.
<DELETED>Sec. 304. Improving victim screening.
<DELETED>Sec. 305. Improving victim services.
<DELETED>TITLE IV--IMPROVED DATA COLLECTION AND INTERAGENCY
COORDINATION
<DELETED>Sec. 401. Promoting data collection on human trafficking.
<DELETED>Sec. 402. Crime reporting.
<DELETED>Sec. 403. Human trafficking assessment.
<DELETED>TITLE V--TRAINING AND TECHNICAL ASSISTANCE
<DELETED>Sec. 501. Encouraging a victim-centered approach to training
of Federal law enforcement personnel.
<DELETED>Sec. 502. Victim screening training.
<DELETED>Sec. 503. Judicial training.
<DELETED>Sec. 504. Training of tribal law enforcement and prosecutorial
personnel.
<DELETED>TITLE VI--ACCOUNTABILITY
<DELETED>Sec. 601. Grant accountability.
<DELETED>SEC. 2. FINDINGS; SENSE OF CONGRESS.</DELETED>
<DELETED> (a) Findings.--Congress finds the following:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Each year, thousands of individuals may be
trafficked within the United States, according to recent
estimates from victim advocates.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) Victims of human trafficking can include men,
women, and children who are diverse with respect to race,
ethnicity, and nationality, among other factors.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Sense of Congress.--It is the sense of Congress that
Congress supports additional efforts to raise awareness of and oppose
human trafficking.</DELETED>
<DELETED>TITLE I--FREDERICK DOUGLASS TRAFFICKING PREVENTION ACT OF
2017</DELETED>
<DELETED>SEC. 101. TRAINING OF SCHOOL RESOURCE OFFICERS TO RECOGNIZE
AND RESPOND TO SIGNS OF HUMAN TRAFFICKING.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 102. TRAINING FOR SCHOOL PERSONNEL.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED>TITLE II--JUSTICE FOR TRAFFICKING VICTIMS</DELETED>
<DELETED>SEC. 201. INJUNCTIVE RELIEF.</DELETED>
<DELETED> (a) In General.--Chapter 77 of title 18, United States
Code, is amended by inserting after section 1595 the
following:</DELETED>
<DELETED>``Sec. 1595A. Civil injunctions</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Procedure.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the court shall place the civil
action under seal; and</DELETED>
<DELETED> ``(B) when the indictment is unsealed, the
court shall unseal the civil action unless good cause
exists to keep the civil action under seal.</DELETED>
<DELETED> ``(3) Third parties and limited liability.--For
any third party, other than a defendant, who is subject to a
restraining order or prohibition under subsection (b), the
third party shall not be held liable to another party, in a
separate action, for any acts constituting the violation that
the Attorney General sought be to enjoined under subsection
(a), or for any acts taken by the third party to comply with
the restraining order or prohibition, if--</DELETED>
<DELETED> ``(A) there is no specific finding that
the third party was in active concert or participated
with any other person bound by the restraining order or
prohibition; and</DELETED>
<DELETED> ``(B) the third party voluntarily makes a
good faith effort to comply with the restraining order
or prohibition.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``1595A. Civil injunctions.''.
<DELETED>SEC. 202. IMPROVING SUPPORT FOR MISSING AND EXPLOITED
CHILDREN.</DELETED>
<DELETED> (a) Findings.--Section 402 of the Missing Children's
Assistance Act (42 U.S.C. 5771) is amended--</DELETED>
<DELETED> (1) by amending paragraph (1) to read as
follows:</DELETED>
<DELETED> ``(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;'';</DELETED>
<DELETED> (2) by striking paragraphs (4) and (5);</DELETED>
<DELETED> (3) in paragraph (6) by inserting ``, including
child sex trafficking and sextortion'' after
``exploitation'';</DELETED>
<DELETED> (4) in paragraph (8) by adding ``and'' at the
end;</DELETED>
<DELETED> (5) by striking paragraph (9);</DELETED>
<DELETED> (6) by amending paragraph (10) to read as
follows:</DELETED>
<DELETED> ``(10) a key component of such programs is the
National Center for Missing and Exploited Children that--
</DELETED>
<DELETED> ``(A) serves as a nonprofit, national
resource center and clearinghouse to provide assistance
to victims, families, child-serving professionals, and
the general public;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (7) by redesignating paragraphs (6), (7), (8), and
(10), as amended by this subsection, as paragraphs (4), (5),
(6), and (7), respectively.</DELETED>
<DELETED> (b) Definitions.--Section 403 of the Missing Children's
Assistance Act (42 U.S.C. 5772) is amended--</DELETED>
<DELETED> (1) in paragraph (1)--</DELETED>
<DELETED> (A) by striking ``legal custodian'' each
place it appears and inserting ``parent'';</DELETED>
<DELETED> (B) in subparagraph (A) by striking
``custodian's'' and inserting ``parent's'';
and</DELETED>
<DELETED> (C) in subparagraph (C) by striking the
period and the end and inserting a semicolon;</DELETED>
<DELETED> (2) in paragraph (2) by striking ``and'' at the
end;</DELETED>
<DELETED> (3) in paragraph (3) by striking the period at the
end and inserting ``; and''; and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(4) the term `parent' includes a legal guardian
or other individual standing in loco parentis (such as a
grandparent or stepparent with whom the child lives, or an
individual who is legally responsible for the child's
welfare).''.</DELETED>
<DELETED> (c) Duties and Functions of the Administrator.--Section
404 of the Missing Children's Assistance Act (42 U.S.C. 5773) is
amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (3) by striking
``telephone line'' and inserting ``hotline'';
and</DELETED>
<DELETED> (B) in paragraph (6)(E)--</DELETED>
<DELETED> (i) by striking ``telephone line''
and inserting ``hotline'';</DELETED>
<DELETED> (ii) by striking ``(b)(1)(A) and''
and inserting ``(b)(1)(A),''; and</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) in subsection (b)(1)--</DELETED>
<DELETED> (A) in subparagraph (A)--</DELETED>
<DELETED> (i) by striking ``telephone line''
each place it appears and inserting
``hotline''; and</DELETED>
<DELETED> (ii) by striking ``legal
custodian'' and inserting ``parent'';</DELETED>
<DELETED> (B) in subparagraph (C)--</DELETED>
<DELETED> (i) in clause (i)--</DELETED>
<DELETED> (I) by striking
``restaurant'' and inserting ``food'';
and</DELETED>
<DELETED> (II) by striking ``and''
at the end;</DELETED>
<DELETED> (ii) in clause (ii) by adding
``and'' at the end; and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(iii) innovative and model
programs, services, and legislation that
benefit missing and exploited
children;'';</DELETED>
<DELETED> (C) by striking subparagraphs (E), (F),
and (G);</DELETED>
<DELETED> (D) by amending subparagraph (H) to read
as follows:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) in the prevention,
investigation, prosecution, and treatment of
cases involving missing and exploited
children;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(iii) in the identification,
location, and recovery of victims of, and
children at risk for, child sex
trafficking;'';</DELETED>
<DELETED> (E) by amending subparagraphs (I), (J),
and (K) to read as follows:</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;'';</DELETED>
<DELETED> (F) by striking subparagraphs (L) and
(M);</DELETED>
<DELETED> (G) by amending subparagraph (N) to read
as follows:</DELETED>
<DELETED> ``(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;'';</DELETED>
<DELETED> (H) by striking subparagraph
(P);</DELETED>
<DELETED> (I) by amending subparagraph (Q) to read
as follows:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) by operating a tipline to--
</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(aa) possession,
manufacture, and distribution
of child pornography;</DELETED>
<DELETED> ``(bb) online
enticement of children for
sexual acts;</DELETED>
<DELETED> ``(cc) child sex
trafficking;</DELETED>
<DELETED> ``(dd) sex tourism
involving children;</DELETED>
<DELETED> ``(ee) extra
familial child sexual
molestation;</DELETED>
<DELETED> ``(ff) unsolicited
obscene material sent to a
child;</DELETED>
<DELETED> ``(gg) misleading
domain names; and</DELETED>
<DELETED> ``(hh) misleading
words or digital images on the
Internet; and</DELETED>
<DELETED> ``(II) make reports
received through the tipline available
to the appropriate law enforcement
agency for its review and potential
investigation;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(iii) by utilizing emerging
technologies to provide additional outreach and
educational materials to parents and
families;'';</DELETED>
<DELETED> (J) by striking subparagraph
(R);</DELETED>
<DELETED> (K) by amending subparagraphs (S) and (T)
to read as follows:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) the prevention of child
abduction and sexual exploitation;</DELETED>
<DELETED> ``(ii) Internet safety, including
tips for social media and cyberbullying;
and</DELETED>
<DELETED> ``(iii) sexting and sextortion;
and</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Grants.--Section 405 of the Missing Children's
Assistance Act (42 U.S.C. 5775) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (7) by striking ``(as
defined in section 403(1)(A))''; and</DELETED>
<DELETED> (B) in paragraph (8)--</DELETED>
<DELETED> (i) by striking ``legal
custodians'' and inserting ``parents'';
and</DELETED>
<DELETED> (ii) by striking ``custodians'''
and inserting ``parents'''; and</DELETED>
<DELETED> (2) in subsection (b)(1)(A) by striking ``legal
custodians'' and inserting ``parents''.</DELETED>
<DELETED> (e) Reporting.--The Missing Children's Assistance Act (42
U.S.C. 5771 et seq.) is amended--</DELETED>
<DELETED> (1) by redesignating sections 407 and 408 as
section 408 and 409, respectively; and</DELETED>
<DELETED> (2) by inserting after section 406 the
following:</DELETED>
<DELETED>``SEC. 407. REPORTING.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) the number of children nationwide who are
reported to the grantee as missing;</DELETED>
<DELETED> ``(2) the number of children nationwide who are
reported to the grantee as victims of non-family
abductions;</DELETED>
<DELETED> ``(3) the number of children nationwide who are
reported to the grantee as victims of family abductions;
and</DELETED>
<DELETED> ``(4) the number of missing children recovered
nationwide whose recovery was reported to the
grantee.</DELETED>
<DELETED> ``(b) Incidence of Attempted Child Abductions.--As a
condition of receiving funds under section 404(b), the grant recipient
shall--</DELETED>
<DELETED> ``(1) track the incidence of attempted child
abductions in order to identify links and patterns;</DELETED>
<DELETED> ``(2) provide such information to law enforcement
agencies; and</DELETED>
<DELETED> ``(3) make such information available to the
general public, as appropriate.''.</DELETED>
<DELETED>SEC. 203. FORENSIC AND INVESTIGATIVE ASSISTANCE.</DELETED>
<DELETED> Section 3056(f) of title 18, United States Code, is
amended--</DELETED>
<DELETED> (1) by inserting ``in conjunction with an
investigation'' after ``local law enforcement agency.'';
and</DELETED>
<DELETED> (2) by striking ``in support of any investigation
involving missing or exploited children.''.</DELETED>
<DELETED>TITLE III--SERVICES FOR TRAFFICKING SURVIVORS</DELETED>
<DELETED>SEC. 301. EXTENSION OF ANTI-TRAFFICKING GRANT
PROGRAMS.</DELETED>
<DELETED> (a) Trafficking Victims Protection Act of 2000.--The
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.) is
amended--</DELETED>
<DELETED> (1) in section 112A(b)(4) (22 U.S.C. 7109a(b)(4)),
by striking ``2014 through 2017'' and inserting ``2018 through
2021'';</DELETED>
<DELETED> (2) in section 113 (22 U.S.C. 7110)--</DELETED>
<DELETED> (A) in subsection (d)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) in paragraph (3), by striking
``2014 through 2017'' and inserting ``2018
through 2021''; and</DELETED>
<DELETED> (B) in subsection (e)--</DELETED>
<DELETED> (i) in paragraph (1), by striking
``2014 through 2017'' and inserting ``2018
through 2021''; and</DELETED>
<DELETED> (ii) in paragraph (2), by striking
``2014 through 2017'' and inserting ``2018
through 2021''; and</DELETED>
<DELETED> (C) in subsection (f), by striking ``2014
through 2017'' and inserting ``2018 through
2021''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (d) Child Advocates for Unaccompanied Minors.--Section
235(c)(6)(F)(ii) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(6)(F)(ii)) is
amended by striking ``the fiscal years 2016 and 2017'' and inserting
``fiscal years 2018 through 2021''.</DELETED>
<DELETED> (e) Reinstatement and Reauthorization of Grants to Combat
Child Sex Trafficking.--</DELETED>
<DELETED> (1) Reinstatement of expired provision.--
</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Conforming amendment.--Section 1241(b)
of the Violence Against Women Reauthorization Act of
2013 (42 U.S.C. 14044a note) is repealed.</DELETED>
<DELETED> (2) Effective date.--The amendments made by
paragraph (1) shall take effect as though enacted on March 6,
2017.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 302. ESTABLISHMENT OF OFFICE OF VICTIM
ASSISTANCE.</DELETED>
<DELETED> (a) Technical Amendments.--Subtitle D of title IV of the
Homeland Security Act of 2002 (6 U.S.C. 251 et seq.) is amended--
</DELETED>
<DELETED> (1) in section 442--</DELETED>
<DELETED> (A) by striking ``bureau'' each place such
term appears, except in subsection (a)(1), and
inserting ``agency'';</DELETED>
<DELETED> (B) by striking ``the Bureau of Border
Security'' each place such term appears and inserting
``U.S. Immigration and Customs Enforcement'';</DELETED>
<DELETED> (C) in the section heading, by striking
``bureau of border security'' and inserting ``u.s.
immigration and customs enforcement'';</DELETED>
<DELETED> (D) in subsection (a)--</DELETED>
<DELETED> (i) in the heading, by striking
``of Bureau''; and</DELETED>
<DELETED> (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'.'';</DELETED>
<DELETED> (iii) in paragraph (3)(C), by
striking ``the Bureau of'' before ``Citizenship
and Immigration Services'' and inserting
``U.S.''; and</DELETED>
<DELETED> (iv) in paragraph (4), by striking
``the Bureau.'' and inserting ``the agency.'';
and</DELETED>
<DELETED> (E) in subsection (b)(2)--</DELETED>
<DELETED> (i) in the matter preceding
subparagraph (A), by striking ``Bureau of
Border Security'' and inserting ``U.S.
Immigration and Customs Enforcement'';
and</DELETED>
<DELETED> (ii) in subparagraph (B), by
striking ``the Bureau of'' before ``Citizenship
and Immigration Services'' and inserting
``U.S.''; and</DELETED>
<DELETED> (2) in section 443(2), by striking ``such bureau''
and inserting ``such agency''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(d) Office of Victim Assistance.--</DELETED>
<DELETED> ``(1) In general.--There is established in
Homeland Security Investigations of U.S. Immigration and
Customs Enforcement the Office of Victim Assistance.</DELETED>
<DELETED> ``(2) Purpose.--The purpose of the Office of
Victim Assistance shall be--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Functions.--The Office of Victim Assistance
shall--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) where there is a human
trafficking task force in which Homeland
Security Investigations participates;</DELETED>
<DELETED> ``(ii) where there is a task force
targeting child sexual exploitation in which
Homeland Security Investigations participates;
and</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(G) collaborate with other Federal,
State, local, and tribal governmental, nongovernmental,
and nonprofit entities regarding policy, outreach, and
training activities.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the sex and race of the
victim;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(C) whether the victim was an adult or a
minor child.</DELETED>
<DELETED> ``(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)).''.</DELETED>
<DELETED> (c) Reporting Requirement.--Section 105(d)(7) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is
amended--</DELETED>
<DELETED> (1) in subparagraph (Q)(vii), by striking ``and''
at the end;</DELETED>
<DELETED> (2) in subparagraph (R), by striking the period at
the end and inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (d) Funding.--The Director of the Office for Victims of
Crime of the Department of Justice may transfer amounts described in
subparagraph (C) of section 1402(d)(3) of the Victims of Crime Act of
1984 (42 U.S.C. 10601(d)(3)), as added by section 305 of this Act, to
the Office of Victim Assistance of the Department of Homeland Security
for the costs for providing direct victim assistance services,
including victim assistance specialists and forensic interview
specialists, by the Office of Victim Assistance.</DELETED>
<DELETED>SEC. 303. IMPLEMENTING A VICTIM-CENTERED APPROACH TO HUMAN
TRAFFICKING.</DELETED>
<DELETED> Section 107(b)(2) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7105(b)(2)) is amended--</DELETED>
<DELETED> (1) in subparagraph (B)(ii), by striking the
period at the end and inserting ``; and''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) the grant funds awarded
under this paragraph--</DELETED>
<DELETED> ``(I) will be used to
assist in the prevention of severe
forms of trafficking in
persons;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 304. IMPROVING VICTIM SCREENING.</DELETED>
<DELETED> (a) In General.--The Trafficking Victims Protection Act of
2000 (22 U.S.C. 7101 et seq.) is amended by inserting after section
107A the following:</DELETED>
<DELETED>``SEC. 107B. IMPROVING DOMESTIC VICTIM SCREENING
PROCEDURES.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``Sec. 107B. Improving domestic victim screening
procedures.''.
<DELETED> (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''.</DELETED>
<DELETED>SEC. 305. IMPROVING VICTIM SERVICES.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED>TITLE IV--IMPROVED DATA COLLECTION AND INTERAGENCY
COORDINATION</DELETED>
<DELETED>SEC. 401. PROMOTING DATA COLLECTION ON HUMAN
TRAFFICKING.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) the number of human traffickers who were
arrested, disaggregated by--</DELETED>
<DELETED> (A) the number of individuals arrested for
patronizing or soliciting an adult;</DELETED>
<DELETED> (B) the number of individuals arrested for
recruitment, harboring, maintaining, or obtaining an
adult;</DELETED>
<DELETED> (C) the number of individuals arrested for
patronizing or soliciting a minor; and</DELETED>
<DELETED> (D) the number of individuals arrested for
recruitment, harboring, maintaining, or obtaining a
minor;</DELETED>
<DELETED> (2) the number of adults who were arrested on
charges of prostitution, disaggregated by race, gender, and
age;</DELETED>
<DELETED> (3) the number of minor victims who were
identified;</DELETED>
<DELETED> (4) the number of minor victims who were arrested
and formally petitioned by a juvenile court or criminally
charged; and</DELETED>
<DELETED> (5) the placement of and social services provided
to each such minor victim as part of each State
operation.</DELETED>
<DELETED> (c) Availability of Reports.--The reports required under
subsections (a) and (b) shall be posted on the website of the
Department of Justice.</DELETED>
<DELETED>SEC. 402. CRIME REPORTING.</DELETED>
<DELETED> Section 7332(c) of the Uniform Federal Crime Reporting Act
of 1988 (28 U.S.C. 534 note) is amended--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(4) Interagency coordination.--</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED>SEC. 403. HUMAN TRAFFICKING ASSESSMENT.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) the number of confirmed human trafficking
investigations by category, including labor trafficking, sex
trafficking, and transnational and domestic human
trafficking;</DELETED>
<DELETED> (2) the number of victims by category, including--
</DELETED>
<DELETED> (A) whether the victim is a victim of sex
trafficking or a victim of labor trafficking;
and</DELETED>
<DELETED> (B) whether the victim is a minor or an
adult; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED>TITLE V--TRAINING AND TECHNICAL ASSISTANCE</DELETED>
<DELETED>SEC. 501. ENCOURAGING A VICTIM-CENTERED APPROACH TO TRAINING
OF FEDERAL LAW ENFORCEMENT PERSONNEL.</DELETED>
<DELETED> (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 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).</DELETED>
<DELETED> (b) Advanced Training Curriculum.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) emphasizes a multidisciplinary,
collaborative effort by law enforcement officers and
victim service providers to offer comprehensive
services and resources for victims and a broad range of
investigation and prosecution options in response to
perpetrators;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) explains that--</DELETED>
<DELETED> (i) victims of commercial sexual
exploitation, forced labor, or other offenses
related to human trafficking are victims of a
crime; and</DELETED>
<DELETED> (ii) a comprehensive approach to
eliminating human trafficking should include
demand reduction as a component.</DELETED>
<DELETED> (2) Use of curriculum.--The Attorney General and
the Secretary of Homeland Security shall provide training using
the curriculum developed under paragraph (1) to--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) members of task forces that
participate in the investigation of human trafficking
offenses.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in clause (ii), by striking ``and'' at the
end;</DELETED>
<DELETED> (2) in clause (iii), by striking the period at the
end and inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 502. VICTIM SCREENING TRAINING.</DELETED>
<DELETED> Section 114 of the Justice for Victims of Trafficking Act
of 2015 (42 U.S.C. 14044g) is amended--</DELETED>
<DELETED> (1) in subsection (c)(1)(A)--</DELETED>
<DELETED> (A) in clause (i), by striking the ``and''
at the end;</DELETED>
<DELETED> (B) in clause (ii), by striking the period
at the end and inserting a semicolon; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(iv) how--</DELETED>
<DELETED> ``(I) victims of sex or
labor trafficking often engage in
criminal acts as a direct result of
severe trafficking in persons;
and</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(f) Department of Justice Victim Screening Protocol.--
</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Requirements.--The protocol required to be
issued under paragraph (1) shall--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(B) require affirmative measures to
avoid arresting, charging, or prosecuting human
trafficking victims for any offense that is the direct
result of their victimization;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(E) include--</DELETED>
<DELETED> ``(i) procedures and practices to
ensure that the screening process minimizes
trauma or revictimization of the person being
screened; and</DELETED>
<DELETED> ``(ii) guidelines on assisting
victims of human trafficking in identifying and
receiving victim services.''.</DELETED>
<DELETED>SEC. 503. JUDICIAL TRAINING.</DELETED>
<DELETED> Section 223(b)(2) of the Victims of Child Abuse Act of
1990 (42 U.S.C. 13023(b)(2)) is amended--</DELETED>
<DELETED> (1) in subparagraph (B) by striking ``and'' at the
end;</DELETED>
<DELETED> (2) in subparagraph (C) by striking the period at
the end and inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(D) procedures for identifying, and improving
the judicial response to, children who are vulnerable to child
sex trafficking, including development of a victim-centered
approach to addressing commercial sexual exploitation of
children.''.</DELETED>
<DELETED>SEC. 504. TRAINING OF TRIBAL LAW ENFORCEMENT AND PROSECUTORIAL
PERSONNEL.</DELETED>
<DELETED> 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)).</DELETED>
<DELETED>TITLE VI--ACCOUNTABILITY</DELETED>
<DELETED>SEC. 601. GRANT ACCOUNTABILITY.</DELETED>
<DELETED> Section 1236 of the Violence Against Women Reauthorization
Act of 2013 (22 U.S.C. 7113) is amended--</DELETED>
<DELETED> (1) in the matter preceding paragraph (1), by
striking ``All grants'' and inserting the following:</DELETED>
<DELETED> ``(a) In General.--For fiscal year 2013, and each fiscal
year thereafter, all grants''; and</DELETED>
<DELETED> (2) by adding at the end the following</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(1) Section 223 of the Victims of Child Abuse
Act of 1990 (42 U.S.C. 13023).</DELETED>
<DELETED> ``(2) The program under section 504 of the
Trafficking Victims Protection Act of 2017.''.</DELETED>
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) Funding.--The Director of the Office for Victims of Crime of
the Department of Justice may transfer amounts described in
subparagraph (C) of section 1402(d)(3) of the Victims of Crime Act of
1984 (42 U.S.C. 10601(d)(3)), as added by section 305 of this Act, to
the Office of Victim Assistance of the Department of Homeland Security
for the costs for providing direct victim assistance services,
including victim assistance specialists and forensic interview
specialists, by the Office of Victim Assistance.
(e) 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).''.
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 and victim service
providers to offer comprehensive services and resources
for victims and a broad range of investigation and
prosecution options in response to perpetrators;
(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 comprehensive 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
comprehensive 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.
Calendar No. 189
115th CONGRESS
1st Session
S. 1312
_______________________________________________________________________
A BILL
To prioritize the fight against human trafficking in the United States.
_______________________________________________________________________
August 1, 2017
Reported with an amendment