[115th Congress Public Law 393]
[From the U.S. Government Publishing Office]
[[Page 132 STAT. 5265]]
Public Law 115-393
115th Congress
An Act
To prioritize the fight against human trafficking in the United
States. <<NOTE: Dec. 21, 2018 - [S. 1312]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Trafficking
Victims Protection Act of 2017.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.-- <<NOTE: 34 USC 10101 note.>> This Act may be
cited as the ``Trafficking Victims Protection Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; sense of Congress.
TITLE I--FREDERICK DOUGLASS TRAFFICKING PREVENTION ACT OF 2017
Sec. 101. Training of school resource officers to recognize and respond
to signs of human trafficking.
Sec. 102. Training for school personnel.
TITLE II--JUSTICE FOR TRAFFICKING VICTIMS
Sec. 201. Injunctive relief.
Sec. 202. Improving support for missing and exploited children.
Sec. 203. Forensic and investigative assistance.
TITLE III--SERVICES FOR TRAFFICKING SURVIVORS
Sec. 301. Extension of anti-trafficking grant programs.
Sec. 302. Implementing a victim-centered approach to human trafficking.
Sec. 303. Improving victim screening.
TITLE IV--IMPROVED DATA COLLECTION AND INTERAGENCY COORDINATION
Sec. 401. Promoting data collection on human trafficking.
Sec. 402. Crime reporting.
Sec. 403. Human trafficking assessment.
TITLE V--TRAINING AND TECHNICAL ASSISTANCE
Sec. 501. Encouraging a victim-centered approach to training of Federal
law enforcement personnel.
Sec. 502. Victim screening training.
Sec. 503. Judicial training.
Sec. 504. Training of tribal law enforcement and prosecutorial
personnel.
TITLE VI--ACCOUNTABILITY
Sec. 601. Grant accountability.
TITLE VII--PUBLIC-PRIVATE PARTNERSHIP ADVISORY COUNCIL TO END HUMAN
TRAFFICKING
Sec. 701. Short title.
Sec. 702. Definitions.
Sec. 703. Public-Private Partnership Advisory Council to End Human
Trafficking.
Sec. 704. Reports.
Sec. 705. Sunset.
[[Page 132 STAT. 5266]]
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. <<NOTE: 18 USC 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
[[Page 132 STAT. 5267]]
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.-- <<NOTE: Hearings. Determinations.>> 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, <<NOTE: 18 USC 1581 prec.>>
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;
[[Page 132 STAT. 5268]]
``(B) works with the Department of Justice, the
Federal Bureau of Investigation, the United States
Marshals Service, the Department of the Treasury, the
Department of State, U.S. Immigration and Customs
Enforcement, the United States Secret Service, the
United States Postal Inspection Service, other agencies,
and nongovernmental organizations in the effort to find
missing children and to prevent child victimization; and
``(C) coordinates with each of the missing children
clearinghouses operated by the 50 States, the District
of Columbia, Puerto Rico, and international
organizations to transmit images and information
regarding missing and exploited children to law
enforcement agencies, nongovernmental organizations, and
corporate partners across the United States and around
the world instantly.''; and
(7) by redesignating paragraphs (6), (7), (8), and (10), as
amended by this subsection, as paragraphs (4), (5), (6), and
(7), respectively.
(b) Definitions.--Section 403 of the Missing Children's Assistance
Act (42 U.S.C. 5772) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) the term `missing child' means any individual less
than 18 years of age whose whereabouts are unknown to such
individual's parent;'';
(2) in paragraph (2) by striking ``and'' at the end;
(3) in paragraph (3) by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(4) the term `parent' includes a legal guardian or other
individual who may lawfully exercise parental rights with
respect to the child.''.
(c) Duties and Functions of the Administrator.--Section 404 of the
Missing Children's Assistance Act (34 U.S.C. 11293) is amended--
(1) in subsection (a)--
(A) in paragraph (3) by striking ``telephone line''
and inserting ``hotline''; and
(B) in paragraph (6)(E)--
(i) by striking ``telephone line'' and
inserting ``hotline'';
(ii) by striking ``(b)(1)(A) and'' and
inserting ``(b)(1)(A),''; and
(iii) by inserting ``, and the number and
types of reports to the tipline established under
subsection (b)(1)(K)(i)'' before the semicolon at
the end;
(2) in subsection (b)(1)--
(A) in subparagraph (A)--
(i) by striking ``telephone line'' each place
it appears and inserting ``hotline''; and
(ii) by striking ``legal custodian'' and
inserting ``parent'';
(B) in subparagraph (C)--
(i) in clause (i)--
(I) by striking ``restaurant'' and
inserting ``food''; and
(II) by striking ``and'' at the end;
(ii) in clause (ii) by adding ``and'' at the
end; and
[[Page 132 STAT. 5269]]
(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) <<NOTE: Coordination.>> 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) <<NOTE: Cooperation.>> 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) <<NOTE: Consultation.>> 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--
[[Page 132 STAT. 5270]]
``(I) provide to individuals and
electronic service providers an
effective means of reporting Internet-
related and other instances of child
sexual exploitation in the areas of--
``(aa) possession,
manufacture, and distribution of
child pornography;
``(bb) online enticement of
children for sexual acts;
``(cc) child sex
trafficking;
``(dd) sex tourism involving
children;
``(ee) extra familial child
sexual molestation;
``(ff) unsolicited obscene
material sent to a child;
``(gg) misleading domain
names; and
``(hh) misleading words or
digital images on the Internet;
and
``(II) make reports received through
the tipline available to the appropriate
law enforcement agency for its review
and potential investigation;
``(ii) by operating a child victim
identification program to assist law enforcement
agencies in identifying victims of child
pornography and other sexual crimes to support the
recovery of children from sexually exploitative
situations; and
``(iii) by utilizing emerging technologies to
provide additional outreach and educational
materials to parents and families;'';
(J) by striking subparagraph (R);
(K) by amending subparagraphs (S) and (T) to read as
follows:
``(S) develop and disseminate programs and
information to families, child-serving professionals,
law enforcement agencies, State and local governments,
nongovernmental organizations, schools, local
educational agencies, child-serving organizations, and
the general public on--
``(i) the prevention of child abduction and
sexual exploitation;
``(ii) Internet safety, including tips for
social media and cyberbullying; and
``(iii) sexting and sextortion; and
``(T) provide technical assistance and training to
local educational agencies, schools, State and local law
enforcement agencies, individuals, and other
nongovernmental organizations that assist with finding
missing and abducted children in identifying and
recovering such children;''; and
(L) by redesignating subparagraphs (H), (I), (J),
(K), (N), (O), (Q), (S), (T), (U), and (V), as amended
by this subsection, as subparagraphs (E) through (O),
respectively.
(d) Grants.--Section 405 of the Missing Children's Assistance Act
(34 U.S.C. 11294) is amended--
(1) in subsection (a)--
(A) in paragraph (7) by striking ``(as defined in
section 403(1)(A))''; and
(B) in paragraph (8)--
(i) by striking ``legal custodians'' and
inserting ``parents''; and
[[Page 132 STAT. 5271]]
(ii) by striking ``custodians' '' and
inserting ``parents' ''; and
(2) in subsection (b)(1)(A) by striking ``legal custodians''
and inserting ``parents''.
(e) Reporting.--The Missing Children's Assistance Act (34 U.S.C.
11291 et seq.) <<NOTE: 34 USC 11296, 11297.>> 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. <<NOTE: 34 USC 11295a.>> REPORTING.
``(a) Required Reporting.-- <<NOTE: Public information.>> 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) <<NOTE: Public information.>> make such information
available to the general public, as appropriate.''.
SEC. 203. FORENSIC AND INVESTIGATIVE ASSISTANCE.
Section 3056(f) of title 18, United States Code, is amended--
(1) by inserting ``in conjunction with an investigation''
after ``local law enforcement agency''; and
(2) by striking ``in support of any investigation involving
missing or exploited children''.
TITLE III--SERVICES FOR TRAFFICKING SURVIVORS
SEC. 301. EXTENSION OF ANTI-TRAFFICKING GRANT PROGRAMS.
(a) Trafficking Victims Protection Act of 2000.--The Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.) is amended--
(1) in section 112A(b)(4) (22 U.S.C. 7109a(b)(4)), by
striking ``2014 through 2017'' and inserting ``2018 through
2021'';
(2) in section 113(d) (22 U.S.C. 7110(d))--
(A) in the paragraph (1), by striking ``$11,000,000
for each of fiscal years 2014 through 2017'' and
inserting ``$77,000,000 for each of fiscal years 2018
through 2021''; and
[[Page 132 STAT. 5272]]
(B) in paragraph (3), by striking ``2014 through
2017'' and inserting ``2018 through 2021''; and
(b) Annual Trafficking Conference.--Section 201(c)(2) of the
Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C.
14044(c)(2)) is amended by striking ``2017'' and inserting ``2021''.
(c) Grants to State and Local Law Enforcement for Anti-trafficking
Programs.--Section 204(e) of the Trafficking Victims Protection
Reauthorization Act of 2005 (42 U.S.C. 14044c(e)) is amended by striking
``2017'' and inserting ``2021''.
(d) Child Advocates for Unaccompanied Minors.--Section 235(c)(6)(F)
of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232(c)(6)(F)) is amended--
(1) in the matter preceding clause (i), by striking
``Secretary and Human Services'' and inserting ``Secretary of
Health and Human Services''; and
(2) in clause (ii), by striking ``the fiscal years 2016 and
2017'' and inserting ``fiscal years 2018 through 2021''.
(e) Reinstatement and Reauthorization of Grants To Combat Child Sex
Trafficking.--
(1) Reinstatement of expired provision.--
(A) In general.--Section 202 of the Trafficking
Victims Protection Reauthorization Act of 2005 (34
U.S.C. 20702) is amended to read as such section read on
March 6, 2017.
(B) Conforming amendment. <<NOTE: Repeal.>> --
Section 1241(b) of the Violence Against Women
Reauthorization Act of 2013 (34 U.S.C. 20702 note) is
repealed.
(2) Effective date.-- <<NOTE: 34 USC 20702 note.>> The
amendments made by paragraph (1) shall take effect as though
enacted on March 6, 2017.
(3) Reauthorization.--Section 202(i) of the Trafficking
Victims Protection Reauthorization Act of 2005, as amended by
paragraph (1), is amended by striking ``2014 through 2017'' and
inserting ``2018 through 2021''.
SEC. 302. IMPLEMENTING A VICTIM-CENTERED APPROACH TO HUMAN
TRAFFICKING.
Section 107(b)(2) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7105(b)(2)) is amended--
(1) in subparagraph (B)(ii), by striking the period at the
end and inserting ``; and''; and
(2) by adding at the end the following:
``(D) Priority.--In selecting recipients of grants
under this paragraph that are only available for law
enforcement operations or task forces, the Attorney
General may give priority to any applicant that files an
attestation with the Attorney General stating that--
``(i) the grant funds awarded under this
paragraph--
``(I) will be used to assist in the
prevention of severe forms of
trafficking in persons;
``(II) will be used to strengthen
efforts to investigate and prosecute
those who knowingly benefit financially
from participation in a venture that has
engaged in any act of human trafficking;
[[Page 132 STAT. 5273]]
``(III) will be used to take
affirmative measures to avoid arresting,
charging, or prosecuting victims of
human trafficking for any offense that
is the direct result of their
victimization; and
``(IV) will not be used to require a
victim of human trafficking to
collaborate with law enforcement
officers as a condition of access to any
shelter or restorative services; and
``(ii) the applicant will provide dedicated
resources for anti-human trafficking law
enforcement officers for a period that is longer
than the duration of the grant received under this
paragraph.''.
SEC. 303. IMPROVING VICTIM SCREENING.
(a) In General.--The Trafficking Victims Protection Act of 2000 (22
U.S.C. 7101 et seq.) is amended by inserting after section 107A (22
U.S.C. 7105a) the following:
``SEC. 107B. <<NOTE: 22 USC 7105b.>> IMPROVING DOMESTIC VICTIM
SCREENING PROCEDURES.
``(a) Victim Screening Tools.-- <<NOTE: Deadline.>> 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.-- <<NOTE: Effective
date. Consultation.>> Beginning not later than October 1, 2018, the
Attorney General, in consultation with the Secretary of Health and Human
Services, shall identify recommended practices for the screening of
human trafficking victims and shall encourage the use of such practices
by grantees receiving a grant to provide victim services to youth under
subsection (b) or (f) of section 107.''.
(b) Clerical Amendment.--The table of contents for the Victims of
Trafficking and Violence Protection Act of 2000 (Public Law 106-386) is
amended by inserting after the item relating to section 107A the
following:
``Sec. 107B. Improving domestic victim screening procedures.''.
(c) Amendment to Title 18.--Section 1593A of title 18, United States
Code, is amended by striking ``section 1581(a), 1592, or 1595(a)'' and
inserting ``this chapter''.
TITLE IV--IMPROVED DATA COLLECTION AND INTERAGENCY COORDINATION
SEC. 401. <<NOTE: Reports.>> 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
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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.-- <<NOTE: Web posting.>> 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.-- <<NOTE: Deadline.>> 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.-- <<NOTE: Determination.>> 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
[[Page 132 STAT. 5275]]
paragraph (2). <<NOTE: List.>> 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. <<NOTE: Reports. 6 USC 645a.>> 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) <<NOTE: Analysis.>> 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.-- <<NOTE: Time
period. Consultation. 34 USC 20709b.>> 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) <<NOTE: 34 USC 20709b.>> Advanced Training Curriculum.--
(1) In general.-- <<NOTE: Deadline.>> Not later than 1 year
after the date of enactment of this Act, the Attorney General
and the Secretary of Homeland Security shall develop an advanced
training curriculum, to supplement the basic curriculum for
investigative personnel of the Department of Justice and the
Department of Homeland Security, respectively, that--
(A) emphasizes a multidisciplinary, collaborative
effort by law enforcement officers who provide a broad
range of investigation and prosecution options in
response to perpetrators, and victim service providers,
who offer services and resources for victims;
[[Page 132 STAT. 5276]]
(B) provides guidance about the recruitment
techniques employed by human traffickers to clarify that
an individual who knowingly solicits or patronizes a
commercial sex act from a person who was a minor
(consistent with section 1591(c) of title 18, United
States Code) or was subject to force, fraud, or coercion
is guilty of an offense under chapter 77 of title 18,
United States Code, and is a party to a human
trafficking offense; and
(C) explains that--
(i) victims of sex or labor trafficking often
engage in criminal acts as a direct result of
severe trafficking in persons and such individuals
are victims of a crime and affirmative measures
should be taken to avoid arresting, charging, or
prosecuting such individuals for any offense that
is the direct result of their victimization; and
(ii) a comprehensive approach to eliminating
human trafficking should include demand reduction
as a component.
(2) Use of curriculum.--The Attorney General and the
Secretary of Homeland Security shall provide training using the
curriculum developed under paragraph (1) to--
(A) all law enforcement officers employed by the
Department of Justice and the Department of Homeland
Security, respectively, who may be involved in the
investigation of human trafficking offenses; and
(B) members of task forces that participate in the
investigation of human trafficking offenses.
(c) Training Components.--Section 107(c)(4)(B) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7105(c)(4)(B)) is amended--
(1) in clause (ii), by striking ``and'' at the end;
(2) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iv) a discussion clarifying that an
individual who knowingly solicits or patronizes a
commercial sex act from a person who was a minor
(consistent with section 1591(c) of title 18,
United States Code) or was subject to force,
fraud, or coercion is guilty of an offense under
chapter 77 of title 18, United States Code, and is
a party to a human trafficking offense.''.
SEC. 502. VICTIM SCREENING TRAINING.
Section 114 of the Justice for Victims of Trafficking Act of 2015
(34 U.S.C. 20709) is amended--
(1) in subsection (c)(1)(A)--
(A) in clause (i), by striking the ``and'' at the
end;
(B) in clause (ii), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(iii) individually screening all adults and
children who are suspected of engaging in
commercial sex acts or who are subject to labor
exploitation that may be in violation of child
labor laws to determine whether each individual
screened is a victim of human trafficking; and
[[Page 132 STAT. 5277]]
``(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.-- <<NOTE: Deadline.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Guidelines.>> guidelines on
assisting victims of human trafficking in
identifying and receiving victim services.''.
SEC. 503. JUDICIAL TRAINING.
Section 223(b)(2) of the Victims of Child Abuse Act of 1990 (34
U.S.C. 20333(b)(2)) is amended--
(1) in subparagraph (B) by striking ``and'' at the end;
(2) in subparagraph (C) by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) procedures for improving the judicial response to
children who are vulnerable to human trafficking, to the extent
an appropriate screening tool exists.''.
SEC. 504. <<NOTE: 34 USC 20709c.>> TRAINING OF TRIBAL LAW
ENFORCEMENT AND PROSECUTORIAL PERSONNEL.
<<NOTE: Consultation.>> The Attorney General, in consultation with
the Director of the Office of Tribal Justice, shall carry out a program
under which
[[Page 132 STAT. 5278]]
tribal law enforcement officials may receive technical assistance and
training to pursue a victim-centered approach to investigating and
prosecuting severe forms of trafficking in persons (as defined in
section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102)).
TITLE VI--ACCOUNTABILITY
SEC. 601. GRANT ACCOUNTABILITY.
Section 1236 of the Violence Against Women Reauthorization Act of
2013 (22 U.S.C. 7113) is amended--
(1) in the matter preceding paragraph (1), by striking ``All
grants'' and inserting the following:
``(a) In General.--For fiscal year 2013, and each fiscal year
thereafter, all grants''; and
(2) by adding at the end the following:
``(b) Application to Additional Grants.--For purposes of subsection
(a), for fiscal year 2018, and each fiscal year thereafter, the term
`grant awarded by the Attorney General under this title or an Act
amended by this title' includes a grant under any of the following:
``(1) Section 223 of the Victims of Child Abuse Act of 1990
(34 U.S.C. 20333).
``(2) The program under section 504 of the Trafficking
Victims Protection Act of 2017.''.
TITLE VII-- <<NOTE: Public-Private Partnership Advisory Council to End
Human Trafficking Act.>> 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.-- <<NOTE: Recommenda-tions.>> 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.--
[[Page 132 STAT. 5279]]
(1) Composition.--The Council shall be composed of not fewer
than 8 and not more than 14 representatives of nongovernmental
organizations, academia, and nonprofit groups who have
significant knowledge and experience in human trafficking
prevention and eradication, identification of human trafficking,
and services for human trafficking victims.
(2) Representation of nonprofit and nongovernmental
organizations.--To the extent practicable, members of the
Council shall be representatives of nonprofit groups, academia,
and nongovernmental organizations who accurately reflect the
diverse backgrounds related to work in the prevention,
eradication, and identification of human trafficking and
services for human trafficking victims in the United States and
internationally.
(3) Appointment.--
<<NOTE: Deadline. President. Consultations.>> 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) <<NOTE: President.>> 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) <<NOTE: Assessments. Recommenda-tions.>> 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) <<NOTE: Time period. Deadline.>> 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.).
[[Page 132 STAT. 5280]]
SEC. 704. REPORTS.
<<NOTE: Coordination.>> Not later than 1 year after the date of the
enactment of this Act and annually thereafter until the date described
in section 705, the Council, in coordination with the United States
Advisory Council on Human Trafficking, shall submit a report containing
the findings derived from the reviews conducted pursuant to section
703(c)(2) to--
(1) the Committee on Appropriations of the Senate;
(2) the Committee on Foreign Relations of the Senate;
(3) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(4) the Committee on the Judiciary of the Senate;
(5) the Committee on Appropriations of the House of
Representatives;
(6) the Committee on Foreign Affairs of the House of
Representatives;
(7) the Committee on Homeland Security of the House of
Representatives;
(8) the Committee on the Judiciary of the House of
Representatives;
(9) the chair of the Task Force; and
(10) the members of the Group.
SEC. 705. SUNSET.
The Council shall terminate on September 30, 2020.
Approved December 21, 2018.
LEGISLATIVE HISTORY--S. 1312 (H.R. 1808):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 115-110 (Comm. on Education and Workforce)
accompanying H.R. 1808.
CONGRESSIONAL RECORD:
Vol. 163 (2017):
Sept. 11, considered and passed
Senate.
Vol. 164 (2018):
Sept. 28, considered and passed
House, amended.
Dec. 17, Senate concurred in House
amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
Dec. 21, Presidential statement.
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