Text: S.1312 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-393 (12/21/2018)

 
[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

[[Page 132 STAT. 5274]]

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.

                                  <all>