[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1312 Enrolled Bill (ENR)]
S.1312
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
An Act
To prioritize the fight against human trafficking in the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(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:

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8f99b7bc02028ea2d9fb123057fe0c3093160194ef01d09be14cbff28ffcb946

TITLE I

-FREDERICK DOUGLASS TRAFFICKING PREVENTION ACT OF 2017

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TITLE V

-TRAINING AND TECHNICAL ASSISTANCE

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bb761aecd3b2bb4e4b10a581ec70a7564b748fd8cf342840c3056fb63fd3728d

TITLE VI

-ACCOUNTABILITY

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TITLE VII

-PUBLIC-PRIVATE PARTNERSHIP ADVISORY COUNCIL TO END HUMAN

(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.

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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.

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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''.

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(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.''.

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TITLE II

-JUSTICE FOR TRAFFICKING VICTIMS

(a) Findings.--Section 402 of the Missing Children's Assistance Act
(42 U.S.C. 5771) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) each year tens of thousands of children run away, or are
abducted or removed, from the control of a parent having legal
custody without the consent of that parent, under circumstances
which immediately place the child in grave danger;'';
(2) by striking paragraphs (4) and (5);
(3) in paragraph (6) by inserting ``, including child sex
trafficking and sextortion'' after ``exploitation'';
(4) in paragraph (8) by adding ``and'' at the end;
(5) by striking paragraph (9);
(6) by amending paragraph (10) to read as follows:
``(10) a key component of such programs is the National Center
for Missing and Exploited Children that--
``(A) serves as a nonprofit, national resource center and
clearinghouse to provide assistance to victims, families,
child-serving professionals, and the general public;
``(B) works with the Department of Justice, the Federal
Bureau of Investigation, the United States Marshals Service,
the Department of the Treasury, the Department of State, U.S.
Immigration and Customs Enforcement, the United States Secret
Service, the United States Postal Inspection Service, other
agencies, and nongovernmental organizations in the effort to
find missing children and to prevent child victimization; and
``(C) coordinates with each of the missing children
clearinghouses operated by the 50 States, the District of
Columbia, Puerto Rico, and international organizations to
transmit images and information regarding missing and exploited
children to law enforcement agencies, nongovernmental
organizations, and corporate partners across the United States
and around the world instantly.''; and
(7) by redesignating paragraphs (6), (7), (8), and (10), as
amended by this subsection, as paragraphs (4), (5), (6), and (7),
respectively.
(b) Definitions.--Section 403 of the Missing Children's Assistance
Act (42 U.S.C. 5772) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) the term `missing child' means any individual less than
18 years of age whose whereabouts are unknown to such individual's
parent;'';
(2) in paragraph (2) by striking ``and'' at the end;
(3) in paragraph (3) by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(4) the term `parent' includes a legal guardian or other
individual who may lawfully exercise parental rights with respect
to the child.''.
(c) Duties and Functions of the Administrator.--Section 404 of the
Missing Children's Assistance Act (34 U.S.C. 11293) is amended--
(1) in subsection (a)--
(A) in paragraph (3) by striking ``telephone line'' and
inserting ``hotline''; and
(B) in paragraph (6)(E)--
(i) by striking ``telephone line'' and inserting
``hotline'';
(ii) by striking ``(b)(1)(A) and'' and inserting
``(b)(1)(A),''; and
(iii) by inserting ``, and the number and types of
reports to the tipline established under subsection
(b)(1)(K)(i)'' before the semicolon at the end;
(2) in subsection (b)(1)--
(A) in subparagraph (A)--
(i) by striking ``telephone line'' each place it
appears and inserting ``hotline''; and
(ii) by striking ``legal custodian'' and inserting
``parent'';
(B) in subparagraph (C)--
(i) in clause (i)--
(I) by striking ``restaurant'' and inserting
``food''; and
(II) by striking ``and'' at the end;
(ii) in clause (ii) by adding ``and'' at the end; and
(iii) by adding at the end the following:
``(iii) innovative and model programs, services, and
legislation that benefit missing and exploited children;'';
(C) by striking subparagraphs (E), (F), and (G);
(D) by amending subparagraph (H) to read as follows:
``(H) provide technical assistance and training to
families, law enforcement agencies, State and local
governments, elements of the criminal justice system,
nongovernmental agencies, local educational agencies, and the
general public--
``(i) in the prevention, investigation, prosecution,
and treatment of cases involving missing and exploited
children;
``(ii) to respond to foster children missing from the
State child welfare system in coordination with child
welfare agencies and courts handling juvenile justice and
dependency matters; and
``(iii) in the identification, location, and recovery
of victims of, and children at risk for, child sex
trafficking;'';
(E) by amending subparagraphs (I), (J), and (K) to read as
follows:
``(I) provide assistance to families, law enforcement
agencies, State and local governments, nongovernmental
agencies, child-serving professionals, and other individuals
involved in the location and recovery of missing and abducted
children nationally and, in cooperation with the Department of
State, internationally;
``(J) provide support and technical assistance to child-
serving professionals involved in helping to recover missing
and exploited children by searching public records databases to
help in the identification, location, and recovery of such
children, and help in the location and identification of
potential abductors and offenders;
``(K) provide forensic and direct on-site technical
assistance and consultation to families, law enforcement
agencies, child-serving professionals, and nongovernmental
organizations in child abduction and exploitation cases,
including facial reconstruction of skeletal remains and similar
techniques to assist in the identification of unidentified
deceased children;'';
(F) by striking subparagraphs (L) and (M);
(G) by amending subparagraph (N) to read as follows:
``(N) provide training, technical assistance, and
information to nongovernmental organizations relating to non-
compliant sex offenders and to law enforcement agencies in
identifying and locating such individuals;'';
(H) by striking subparagraph (P);
(I) by amending subparagraph (Q) to read as follows:
``(Q) work with families, law enforcement agencies,
electronic service providers, electronic payment service
providers, technology companies, nongovernmental organizations,
and others on methods to reduce the existence and distribution
of online images and videos of sexually exploited children--
``(i) by operating a tipline to--
``(I) provide to individuals and electronic service
providers an effective means of reporting Internet-
related and other instances of child sexual
exploitation in the areas of--
``(aa) possession, manufacture, and
distribution of child pornography;
``(bb) online enticement of children for sexual
acts;
``(cc) child sex trafficking;
``(dd) sex tourism involving children;
``(ee) extra familial child sexual molestation;
``(ff) unsolicited obscene material sent to a
child;
``(gg) misleading domain names; and
``(hh) misleading words or digital images on
the Internet; and
``(II) make reports received through the tipline
available to the appropriate law enforcement agency for
its review and potential investigation;
``(ii) by operating a child victim identification
program to assist law enforcement agencies in identifying
victims of child pornography and other sexual crimes to
support the recovery of children from sexually exploitative
situations; and
``(iii) by utilizing emerging technologies to provide
additional outreach and educational materials to parents
and families;'';
(J) by striking subparagraph (R);
(K) by amending subparagraphs (S) and (T) to read as
follows:
``(S) develop and disseminate programs and information to
families, child-serving professionals, law enforcement
agencies, State and local governments, nongovernmental
organizations, schools, local educational agencies, child-
serving organizations, and the general public on--
``(i) the prevention of child abduction and sexual
exploitation;
``(ii) Internet safety, including tips for social media
and cyberbullying; and
``(iii) sexting and sextortion; and
``(T) provide technical assistance and training to local
educational agencies, schools, State and local law enforcement
agencies, individuals, and other nongovernmental organizations
that assist with finding missing and abducted children in
identifying and recovering such children;''; and
(L) by redesignating subparagraphs (H), (I), (J), (K), (N),
(O), (Q), (S), (T), (U), and (V), as amended by this
subsection, as subparagraphs (E) through (O), respectively.
(d) Grants.--Section 405 of the Missing Children's Assistance Act
(34 U.S.C. 11294) is amended--
(1) in subsection (a)--
(A) in paragraph (7) by striking ``(as defined in section
403(1)(A))''; and
(B) in paragraph (8)--
(i) by striking ``legal custodians'' and inserting
``parents''; and
(ii) by striking ``custodians''' and inserting
``parents'''; and
(2) in subsection (b)(1)(A) by striking ``legal custodians''
and inserting ``parents''.
(e) Reporting.--The Missing Children's Assistance Act (34 U.S.C.
11291 et seq.) is amended--
(1) by redesignating sections 407 and 408 as section 408 and
409, respectively; and
(2) by inserting after section 406 the following:
``SEC. 407. REPORTING.
``(a) Required Reporting.--As a condition of receiving funds under
section 404(b), the grant recipient shall, based solely on reports
received by the grantee and not involving any data collection by the
grantee other than those reports, annually provide to the Administrator
and make available to the general public, as appropriate--
``(1) the number of children nationwide who are reported to the
grantee as missing;
``(2) the number of children nationwide who are reported to the
grantee as victims of non-family abductions;
``(3) the number of children nationwide who are reported to the
grantee as victims of family abductions; and
``(4) the number of missing children recovered nationwide whose
recovery was reported to the grantee.
``(b) Incidence of Attempted Child Abductions.--As a condition of
receiving funds under section 404(b), the grant recipient shall--
``(1) track the incidence of attempted child abductions in
order to identify links and patterns;
``(2) provide such information to law enforcement agencies; and
``(3) make such information available to the general public, as
appropriate.''.

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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''.

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(a) Trafficking Victims Protection Act of 2000.--The Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.) is amended--
(1) in section 112A(b)(4) (22 U.S.C. 7109a(b)(4)), by striking
``2014 through 2017'' and inserting ``2018 through 2021'';
(2) in section 113(d) (22 U.S.C. 7110(d))--
(A) in the paragraph (1), by striking ``$11,000,000 for
each of fiscal years 2014 through 2017'' and inserting
``$77,000,000 for each of fiscal years 2018 through 2021''; and
(B) in paragraph (3), by striking ``2014 through 2017'' and
inserting ``2018 through 2021''; and
(b) Annual Trafficking Conference.--Section 201(c)(2) of the
Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C.
14044(c)(2)) is amended by striking ``2017'' and inserting ``2021''.
(c) Grants to State and Local Law Enforcement for Anti-trafficking
Programs.--Section 204(e) of the Trafficking Victims Protection
Reauthorization Act of 2005 (42 U.S.C. 14044c(e)) is amended by
striking ``2017'' and inserting ``2021''.
(d) Child Advocates for Unaccompanied Minors.--Section 235(c)(6)(F)
of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232(c)(6)(F)) is amended--
(1) in the matter preceding clause (i), by striking ``Secretary
and Human Services'' and inserting ``Secretary of Health and Human
Services''; and
(2) in clause (ii), by striking ``the fiscal years 2016 and
2017'' and inserting ``fiscal years 2018 through 2021''.
(e) Reinstatement and Reauthorization of Grants To Combat Child Sex
Trafficking.--
(1) Reinstatement of expired provision.--
(A) In general.--Section 202 of the Trafficking Victims
Protection Reauthorization Act of 2005 (34 U.S.C. 20702) is
amended to read as such section read on March 6, 2017.
(B) Conforming amendment.--Section 1241(b) of the Violence
Against Women Reauthorization Act of 2013 (34 U.S.C. 20702
note) is repealed.
(2) Effective date.--The amendments made by paragraph (1) shall
take effect as though enacted on March 6, 2017.
(3) Reauthorization.--Section 202(i) of the Trafficking Victims
Protection Reauthorization Act of 2005, as amended by paragraph
(1), is amended by striking ``2014 through 2017'' and inserting
``2018 through 2021''.

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TITLE III

-SERVICES FOR TRAFFICKING SURVIVORS

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.''.

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(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''.

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(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.

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TITLE IV

-IMPROVED DATA COLLECTION AND INTERAGENCY COORDINATION

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).''.

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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.

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FEDERAL LAW ENFORCEMENT PERSONNEL.
(a) Training Curriculum Improvements.--The Attorney General,
Secretary of Homeland Security, and Secretary of Labor shall
periodically, but not less frequently than once every 2 years,
implement improvements to the training programs on human trafficking
for employees of the Department of Justice, Department of Homeland
Security, and Department of Labor, respectively, after consultation
with survivors of human trafficking, or trafficking victims service
providers, and Federal law enforcement agencies responsible for the
prevention, deterrence, and prosecution of offenses involving human
trafficking (such as individuals serving as, or who have served as,
investigators in a Federal agency and who have expertise in identifying
human trafficking victims and investigating human trafficking cases).
(b) Advanced Training Curriculum.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Attorney General and the Secretary of
Homeland Security shall develop an advanced training curriculum, to
supplement the basic curriculum for investigative personnel of the
Department of Justice and the Department of Homeland Security,
respectively, that--
(A) emphasizes a multidisciplinary, collaborative effort by
law enforcement officers who provide a broad range of
investigation and prosecution options in response to
perpetrators, and victim service providers, who offer services
and resources for victims;
(B) provides guidance about the recruitment techniques
employed by human traffickers to clarify that an individual who
knowingly solicits or patronizes a commercial sex act from a
person who was a minor (consistent with section 1591(c) of
title 18, United States Code) or was subject to force, fraud,
or coercion is guilty of an offense under chapter 77 of title
18, United States Code, and is a party to a human trafficking
offense; and
(C) explains that--
(i) victims of sex or labor trafficking often engage in
criminal acts as a direct result of severe trafficking in
persons and such individuals are victims of a crime and
affirmative measures should be taken to avoid arresting,
charging, or prosecuting such individuals for any offense
that is the direct result of their victimization; and
(ii) a comprehensive approach to eliminating human
trafficking should include demand reduction as a component.
(2) Use of curriculum.--The Attorney General and the Secretary
of Homeland Security shall provide training using the curriculum
developed under paragraph (1) to--
(A) all law enforcement officers employed by the Department
of Justice and the Department of Homeland Security,
respectively, who may be involved in the investigation of human
trafficking offenses; and
(B) members of task forces that participate in the
investigation of human trafficking offenses.
(c) Training Components.--Section 107(c)(4)(B) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7105(c)(4)(B)) is amended--
(1) in clause (ii), by striking ``and'' at the end;
(2) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iv) a discussion clarifying that an individual who
knowingly solicits or patronizes a commercial sex act from
a person who was a minor (consistent with section 1591(c)
of title 18, United States Code) or was subject to force,
fraud, or coercion is guilty of an offense under chapter 77
of title 18, United States Code, and is a party to a human
trafficking offense.''.

52a6db4a381e5959d6ef17d927c9d71caa11d9fa1ceb468460bae4edfa06bc6a

Section 114 of the Justice for Victims of Trafficking Act of 2015
(34 U.S.C. 20709) is amended--
(1) in subsection (c)(1)(A)--
(A) in clause (i), by striking the ``and'' at the end;
(B) in clause (ii), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(iii) individually screening all adults and children
who are suspected of engaging in commercial sex acts or who
are subject to labor exploitation that may be in violation
of child labor laws to determine whether each individual
screened is a victim of human trafficking; and
``(iv) how--
``(I) victims of sex or labor trafficking often
engage in criminal acts as a direct result of severe
trafficking in persons; and
``(II) such individuals are victims of a crime and
affirmative measures should be taken to avoid
arresting, charging, or prosecuting such individuals
for any offense that is the direct result of their
victimization.''; and
(2) by adding at the end the following:
``(f) Department of Justice Victim Screening Protocol.--
``(1) In general.--Not later than 180 days after the date of
enactment of this subsection, the Attorney General shall issue a
screening protocol for use during all anti-trafficking law
enforcement operations in which the Department of Justice is
involved.
``(2) Requirements.--The protocol required to be issued under
paragraph (1) shall--
``(A) require the individual screening of all adults and
children who are suspected of engaging in commercial sex acts
or who are subject to labor exploitation that may be in
violation of child labor laws to determine whether each
individual screened is a victim of human trafficking;
``(B) require affirmative measures to avoid arresting,
charging, or prosecuting human trafficking victims for any
offense that is the direct result of their victimization;
``(C) require all Federal law enforcement officers and
relevant department personnel who participate in human
trafficking investigations to receive training on enforcement
of the protocol;
``(D) be developed in consultation with State and local law
enforcement agencies, the Department of Health and Human
Services, survivors of human trafficking, and nongovernmental
organizations that specialize in the identification,
prevention, and restoration of victims of human trafficking;
and
``(E) include--
``(i) procedures and practices to ensure that the
screening process minimizes trauma or revictimization of
the person being screened; and
``(ii) guidelines on assisting victims of human
trafficking in identifying and receiving victim
services.''.

073c9cbebd5d5ff589489d5cc7500196bbed468b801eea2e8aabab6a848418e6

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.''.

92043623c47e25af81513452f3eadba5d37bc9b2139b25ab7fa7f658fdeee17c

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)).

d3aa6f3847040cbcf73576efefc5ddcbe1fbebfef633c512208cbaf1b7b53703

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.''.
TRAFFICKING

8465ac1ee6890674f19cbc1c78fa21c74a70a1a2ec8c307018c81cc30100e20c

This title may be cited as the ``Public-Private Partnership
Advisory Council to End Human Trafficking Act''.

03e91fc4b84defae205ad6f5e8e4aacf91c0c8b59bc7965f635210f6ffbc2052

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)).

199c359a278fbd10abc16d606a168063e3cadb5fbe0df7b494898d97615d86f9

TRAFFICKING.
(a) Establishment.--There is established the Public-Private
Partnership Advisory Council to End Human Trafficking, which shall
provide advice and recommendations to the Group and the Task Force.
(b) Membership.--
(1) Composition.--The Council shall be composed of not fewer
than 8 and not more than 14 representatives of nongovernmental
organizations, academia, and nonprofit groups who have significant
knowledge and experience in human trafficking prevention and
eradication, identification of human trafficking, and services for
human trafficking victims.
(2) Representation of nonprofit and nongovernmental
organizations.--To the extent practicable, members of the Council
shall be representatives of nonprofit groups, academia, and
nongovernmental organizations who accurately reflect the diverse
backgrounds related to work in the prevention, eradication, and
identification of human trafficking and services for human
trafficking victims in the United States and internationally.
(3) Appointment.--Not later than 180 days after the date of the
enactment of this Act, the President shall appoint--
(A) 1 member of the Council, after consultation with the
President Pro Tempore of the Senate;
(B) 1 member of the Council, after consultation with the
Minority Leader of the Senate;
(C) 1 member of the Council, after consultation with the
Speaker of the House of Representatives;
(D) 1 member of the Council, after consultation with the
Minority Leader of the House of Representatives; and
(E) the remaining members of the Council.
(4) Term; reappointment.--Each member of the Council--
(A) shall serve for a term of 2 years; and
(B) may be reappointed by the President to serve 1
additional 2-year term.
(5) Employee status.--Members of the Council--
(A) shall not be considered employees of the Federal
Government for any purpose; and
(B) shall not receive compensation.
(c) Functions.--The Council shall--
(1) be a nongovernmental advisory body to the Group;
(2) meet, at its own discretion or at the request of the Group,
not less frequently than annually, to review Federal Government
policy and programs intended to combat human trafficking, including
programs relating to the provision of services for victims;
(3) serve as a point of contact, with the United States
Advisory Council on Human Trafficking, for Federal agencies
reaching out to human trafficking nonprofit groups and
nongovernmental organizations for input on programming and policies
relating to human trafficking in the United States;
(4) formulate assessments and recommendations to ensure that
the policy and programming efforts of the Federal Government
conform, to the extent practicable, to the best practices in the
field of human trafficking prevention and rehabilitation and
aftercare of human trafficking victims; and
(5) meet with the Group not less frequently than annually, and
not later than 45 days before a meeting with the Task Force, to
formally present the findings and recommendations of the Council.
(d) Nonapplicability of FACA.--The Council shall not be subject to
the requirements under the Federal Advisory Committee Act (5 U.S.C.
App.).

79971cc6216f2aa86e05c62a3bc60d0decf21ba1a9c5e696ac9a3e725f0bcc7b

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.

6b9947c167ac4f737d44752ee3799983538c492aec571fdf78fb53cf0dbf1742

The Council shall terminate on September 30, 2020.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

1522401fdf4f28b719520e650c56319288aa4e71d05e1779b1f9014ad780d1fb

Trafficking Victims Protection Act of 2017 — S. 1312

Other Sections