Interdiction for the Protection of Child Victims of Exploitation and Human Trafficking Act

I 116TH CONGRESS 1ST SESSION H. R. 836 To establish the Interdiction for the Protection of Child Victims of Exploi- tation and Human Trafficking Program to train law enforcement officers to identify and assist victims of child exploitation and human trafficking. IN THE HOUSE OF REPRESENTATIVES JANUARY 29, 2019 Mr. MCCAUL (for himself and Mr. CUELLAR) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To establish the Interdiction for the Protection of Child Victims of Exploitation and Human Trafficking Program to train law enforcement officers to identify and assist victims of child exploitation and human trafficking. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Interdiction for the 4 Protection of Child Victims of Exploitation and Human 5 Trafficking Act’’. 6 VerDate Sep 11 2014 04:18 Feb 07, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H836.IH H836 kjohnson on DSK79L0C42 with BILLS 2 •HR 836 IH SEC. 2. INTERDICTION FOR THE PROTECTION OF CHILD 1 VICTIMS OF EXPLOITATION AND HUMAN 2 TRAFFICKING. 3 (a) AMENDMENT.—Title II of the Trafficking Vic- 4 tims Protection Reauthorization Act of 2005 (34 U.S.C. 5 20701 et seq.) is amended by adding at the end the fol- 6 lowing: 7 ‘‘SEC. 208. INTERDICTION FOR THE PROTECTION OF CHILD 8 VICTIMS OF EXPLOITATION AND HUMAN 9 TRAFFICKING. 10 ‘‘(a) DEFINITIONS.—In this section— 11 ‘‘(1) the term ‘human trafficking’ has the 12 meaning given the term ‘severe forms of trafficking 13 in persons’ in section 103 of the Trafficking Victims 14 Protection Act of 2000 (22 U.S.C. 7102); and 15 ‘‘(2) the term ‘pilot program’ means the Inter- 16 diction for the Protection of Child Victims of Exploi- 17 tation and Human Trafficking Program required to 18 be established under subsection (b). 19 ‘‘(b) INTERDICTION FOR THE PROTECTION OF CHILD 20 VICTIMS OF EXPLOITATION AND HUMAN TRAFFICKING 21 PROGRAM.— 22 ‘‘(1) ESTABLISHMENT.—The Attorney General 23 shall establish a pilot program, which shall be known 24 as the ‘Interdiction for the Protection of Child Vic- 25 tims of Exploitation and Human Trafficking Pro- 26 VerDate Sep 11 2014 04:18 Feb 07, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H836.IH H836 kjohnson on DSK79L0C42 with BILLS 3 •HR 836 IH gram’ to provide training to Federal, State, Tribal, 1 territorial, and local law enforcement officers and 2 other relevant professionals on child exploitation and 3 human trafficking in accordance with the purposes 4 described in paragraph (2). 5 ‘‘(2) PURPOSES.—The pilot program shall pro- 6 vide training for law enforcement officers and other 7 relevant professionals, including first responders and 8 child welfare professionals, on— 9 ‘‘(A) identifying potential child victims of 10 human trafficking; 11 ‘‘(B) identifying children who are missing; 12 ‘‘(C) identifying children who are at risk of 13 being trafficked, exploited, or sexually abused; 14 ‘‘(D) identifying individuals who are likely 15 to engage in trafficking, exploitation, or sexual 16 abuse of child victims; 17 ‘‘(E) implementing proper protocols and 18 procedures for— 19 ‘‘(i) communicating with potential 20 child victims; and 21 ‘‘(ii) encouraging their cooperation 22 with law enforcement investigations and 23 any resulting prosecutions when appro- 24 priate; 25 VerDate Sep 11 2014 04:18 Feb 07, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H836.IH H836 kjohnson on DSK79L0C42 with BILLS 4 •HR 836 IH ‘‘(F) implementing proper protocols and 1 procedures for referring such victims to appro- 2 priate social or victims service agencies or orga- 3 nizations; 4 ‘‘(G) implementing proper protocols and 5 procedures for interacting with victims in a 6 manner that are trauma-informed, culturally 7 and linguistically relevant, gender responsive, 8 and age appropriate; and 9 ‘‘(H) establishing a train-the-trainer pro- 10 gram in which law enforcement officers who 11 complete the pilot program training described 12 in this subsection are given further instruction 13 on how to train other law enforcement officers 14 in order to increase the availability of the train- 15 ing program. 16 ‘‘(3) FUNCTIONS.— 17 ‘‘(A) IN GENERAL.—The pilot program— 18 ‘‘(i) shall incorporate the functions of 19 the Interdiction for the Protection of Chil- 20 dren Program funded through the Office of 21 Community Oriented Policing Services of 22 the Department of Justice that was oper- 23 ating on the day before the date of enact- 24 ment of the Interdiction for the Protection 25 VerDate Sep 11 2014 04:18 Feb 07, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H836.IH H836 kjohnson on DSK79L0C42 with BILLS 5 •HR 836 IH of Child Victims of Exploitation and 1 Human Trafficking Act; 2 ‘‘(ii) shall incorporate the functions of 3 the initiatives authorized under subpara- 4 graphs (B) and (C); 5 ‘‘(iii) may engage stakeholders, in- 6 cluding victims of child exploitation and 7 any Federal, State, Tribal, territorial, or 8 local partners, to develop a flexible training 9 module— 10 ‘‘(I) for achieving the purposes 11 described in paragraph (2); and 12 ‘‘(II) that adapts to various 13 needs and settings of law enforcement 14 officers and other relevant profes- 15 sionals; 16 ‘‘(iv) may engage with, and continue 17 the data collection, analysis, and sharing of 18 criminal incidents and reports conducted 19 by, Federal, State, Tribal, territorial, and 20 local partners, including fusion centers and 21 the Behavioral Analysis Unit of the United 22 States Marshals Service related to the 23 Interdiction for the Protection of Children 24 Program that was operating on the day be- 25 VerDate Sep 11 2014 04:18 Feb 07, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H836.IH H836 kjohnson on DSK79L0C42 with BILLS 6 •HR 836 IH fore the date of enactment of the Interdic- 1 tion for the Protection of Child Victims of 2 Exploitation and Human Trafficking Act; 3 ‘‘(v) may provide technical assistance 4 for law enforcement education programs, 5 in furtherance of the purposes described in 6 paragraph (2)— 7 ‘‘(I) to implement nationwide law 8 enforcement protocols; or 9 ‘‘(II) to develop and distribute 10 continuing education training mate- 11 rials; 12 ‘‘(vi) may develop a strategy, as the 13 Attorney General considers appropriate, to 14 incentivize— 15 ‘‘(I) the implementation of na- 16 tionwide law enforcement officer pro- 17 tocols referred to in clause (v)(I); and 18 ‘‘(II) the utilization of the train- 19 ing materials developed under clause 20 (v)(II); 21 ‘‘(vii) may develop a reliable method- 22 ology for collecting, sharing, and reporting 23 data among Federal, State, Tribal, terri- 24 torial, and local law enforcement partners, 25 VerDate Sep 11 2014 04:18 Feb 07, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H836.IH H836 kjohnson on DSK79L0C42 with BILLS 7 •HR 836 IH including fusion centers, on the number of 1 missing, at-risk, or exploited children iden- 2 tified and served by law enforcement offi- 3 cers or other relevant professionals; and 4 ‘‘(viii) may conduct an independent 5 evaluation of the effectiveness of training 6 provided under the pilot program. 7 ‘‘(B) GRANTS AUTHORIZED.— 8 ‘‘(i) IN GENERAL.—The Attorney 9 General, acting through the Director of 10 Community Oriented Policing Services, 11 shall award grants, on a competitive basis, 12 to Federal, State, Tribal, territorial, and 13 local law enforcement agencies that rep- 14 resent diversity in geography, the demo- 15 graphics of the population served, and the 16 predominant types of cases encountered, 17 including missing children, at-risk children, 18 and victims of child exploitation and traf- 19 ficking. 20 ‘‘(ii) USE OF FUNDS.—A law enforce- 21 ment agency that receives a grant under 22 this subparagraph shall— 23 VerDate Sep 11 2014 04:18 Feb 07, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H836.IH H836 kjohnson on DSK79L0C42 with BILLS 8 •HR 836 IH ‘‘(I) provide training activities 1 designed to achieve the purposes de- 2 scribed in paragraph (2); 3 ‘‘(II) include relevant profes- 4 sionals from State partner agencies in 5 training to ensure multi-disciplinary 6 understanding of issues and resources; 7 ‘‘(III) carry out the data collec- 8 tion and reporting activities described 9 in subparagraph (A)(iv) and sub- 10 section (c); and 11 ‘‘(IV) share data and information 12 related to incidents where trained offi- 13 cers successfully identified a missing, 14 at-risk, or exploited child with appro- 15 priate Federal, State, Tribal, terri- 16 torial, and local law enforcement part- 17 ners, as specified by the Attorney 18 General under subparagraph (A)(iv). 19 ‘‘(C) DUTIES.—The Attorney General shall 20 support— 21 ‘‘(i) the training activities described in 22 paragraph (2); and 23 ‘‘(ii) the data collection, analysis, and 24 sharing of criminal incidents and reports 25 VerDate Sep 11 2014 04:18 Feb 07, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H836.IH H836 kjohnson on DSK79L0C42 with BILLS 9 •HR 836 IH conducted by Federal, State, Tribal, terri- 1 torial, and local law enforcement partners 2 that provide ongoing support for the pilot 3 program and the Interdiction for the Pro- 4 tection of Children Program that was oper- 5 ating on the day before the date of enact- 6 ment of the Interdiction for the Protection 7 of Child Victims of Exploitation and 8 Human Trafficking Act. 9 ‘‘(4) TERMINATION.—The pilot program shall 10 terminate on October 1, 2023. 11 ‘‘(c) DATA COLLECTION AND REPORTING REQUIRE- 12 MENTS.— 13 ‘‘(1) DATA COLLECTION.— 14 ‘‘(A) IN GENERAL.—During each of fiscal 15 years 2020 through 2023, the Attorney General 16 shall collect data regarding— 17 ‘‘(i) the total number of grants award- 18 ed under the pilot program— 19 ‘‘(I) during the previous fiscal 20 year; and 21 ‘‘(II) before the previous fiscal 22 year; 23 ‘‘(ii) the total number of law enforce- 24 ment agencies, law enforcement officers, 25 VerDate Sep 11 2014 04:18 Feb 07, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H836.IH H836 kjohnson on DSK79L0C42 with BILLS 10 •HR 836 IH and other relevant professionals trained 1 through the pilot program during each of 2 the periods described in subclauses (I) and 3 (II) of clause (i); and 4 ‘‘(iii) the number of children, and the 5 demographic data of the children when 6 available, who are successfully identified as 7 missing, at-risk, or victims of exploitation 8 by law enforcement officers who received 9 training through the pilot program. 10 ‘‘(B) INITIAL REPORT.—In addition to the 11 data required to be collected under subpara- 12 graph (A), the Attorney General shall collect 13 data, for purposes of the initial report to be 14 submitted under paragraph (3), regarding— 15 ‘‘(i) the total number of trainings con- 16 ducted under the Interdiction for the Pro- 17 tection of Children Program referred to in 18 subsection (b)(3)(A)(i); and 19 ‘‘(ii) the total number of law enforce- 20 ment agencies, law enforcement officers, 21 and other relevant professionals trained 22 through such program. 23 ‘‘(2) REPORTING.—Not later than December 24 31, 2019, and annually thereafter through December 25 VerDate Sep 11 2014 04:18 Feb 07, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H836.IH H836 kjohnson on DSK79L0C42 with BILLS 11 •HR 836 IH 31, 2023, the Attorney General shall submit a re- 1 port to Congress that contains the data collected 2 pursuant to paragraph (1). 3 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—Of the 4 amount authorized to be appropriated under section 5 113(d) of the Trafficking Victims Prevention Act of 2000 6 (22 U.S.C. 7110(d)), the Attorney General may use such 7 sums as may be necessary to carry out this section for 8 each of fiscal years 2020 through 2023.’’. 9 (b) TECHNICAL AND CONFORMING AMENDMENT.— 10 The table of contents in section 1(b) of the Trafficking 11 Victims Protection Reauthorization Act of 2004 (Public 12 Law 109–164; 119 Stat. 3558) is amended by inserting 13 after the item relating to section 207 the following: 14 ‘‘Sec. 208. Interdiction for the protection of child victims of exploitation and human trafficking.’’. Æ VerDate Sep 11 2014 04:18 Feb 07, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H836.IH H836 kjohnson on DSK79L0C42 with BILLS