S. 1311 — what changed

“2429. Mandatory restitution

changed “(a) In general—Notwithstanding Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under this chapter.

changed “(b) Scope and nature of Order“(b)

changed “(1) Directions—An The order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim’s losses, as determined by the court under paragraph (3).(3), and shall additionally require the defendant to pay the greater of the gross income or value to the defendant of the victim's services, if the services constitute commercial sex acts as defined under section 1591.

changed “(2) Enforcement—An An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A.

changed “(3) Full amount of the victim's losses defined—For purposes of As used in this subsection, the term full amount of the victim’s losses—losses has the same meaning as provided in section 2259(b)(3).

changed “(A) has the meaning given “(c) The forfeiture of property under this section shall be governed by the term in provisions of section 2259(b)(3); and413 (other than subsection (d) of such section) of the Controlled Substances Act (21 U.S.C. 853).

changed “(B) includes “(d) As used in this section, the gross income term victim means the individual harmed as a result of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or value to deceased, the defendant legal guardian of the victim’s services, if victim or a representative of the services constitute commercial sex acts victim’s estate, or another family member, or any other person appointed as defined under section 1591.suitable by the court, but in no event shall the defendant be named such representative or guardian.”

removed “(4) Forfeiture of property—The forfeiture of property under this subsection shall be governed by the provisions of section 413 (other than subsection (d) of such section 413) of the Controlled Substances Act (21 U.S.C. 853).

removed “(c) Victim defined

removed “(1) In general—In this section, the term victim means the individual harmed as a result of the commission of a crime under this chapter.

removed “(2) Assumption of crime victim's rights—In the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim, a representative of the victim’s estate, or any other person appointed as suitable by the court may assume the crime victim's rights under this section.

removed “(d) Prohibition—A defendant charged with an offense under this chapter may not be named as a representative or guardian of a victim of the offense.”

changed Section 107 606(b) of the Trafficking Justice for Victims Protection of Trafficking Act of 2000 (22 2015 (42 U.S.C. 7105(f)) 14044h(b)) is amended by adding at the end the following:

changed “(h) Training “(6) A national strategy to prevent human trafficking and reduce demand for health professionalshuman trafficking victims.”

removed “(1) Definitions—In this subsection—

removed “(A) the term pilot program means the Stop, Observe, Ask, and Respond to Health and Wellness Training pilot program established under paragraph (2); and

removed “(B) the term Secretary means the Secretary of Health and Human Services.

removed “(2) Pilot program

removed “(A) In general—The Secretary may continue a pilot program, which shall be known as the “Stop, Observe, Ask, and Respond to Health and Wellness Training pilot program” or the “SOAR to Health and Wellness Training pilot program”.

removed “(B) Grants authorized—Under the pilot program, the Secretary may award grants to appropriate entities to train health care providers—

removed “(i) to identify potential human trafficking victims;

removed “(ii) to work with law enforcement agencies to report human trafficking and facilitate communication with human trafficking victims, in accordance with all applicable Federal, State, local, and tribal laws, including legal confidentiality requirements for patients and health care providers;

removed “(iii) to refer such victims to appropriate social or victims service agencies or organizations;

removed “(iv) to provide such victims with appropriate patient-centered, evidence-based care; and

removed “(v) to foster the practice of interprofessional collaboration, including practices used by organizations other than health care organizations.

removed “(C) Functions

removed “(i) In general—The functions of the pilot program shall include, as appropriate, the functions of the Stop, Observe, Ask, and Respond to Health and Wellness Training program that was operating on the day before the date of the enactment of this subsection and any of the authorized initiatives described in clause (ii).

removed “(ii) Authorized initiatives—The authorized initiatives of the pilot program shall include—

removed “(I) engaging stakeholders, including victims of human trafficking and Federal, State, local, or tribal partners;

removed “(II) making grants available to support training in health care sites that represent diversity in—

removed “(aa) geography;

removed “(bb) the demographics of the population served;

removed “(cc) the predominate types of human trafficking cases; and

removed “(dd) health care provider profiles; and

removed “(III) providing technical assistance to assist grantees in—

removed “(aa) achieving the objectives described in subparagraph (B); and

removed “(bb) reporting on any best practices they identify.

removed “(D) Termination—The pilot program shall terminate not later than October 1, 2022.

removed “(3) Data collection and reporting requirements

removed “(A) Data collection—During any of the fiscal years 2018 through 2022 in which the Secretary carries out any of the authorized initiatives described in paragraph (2)(C), the Secretary shall collect data and report on—

removed “(i) the total number of entities that received a grant under this subsection—

removed “(I) during the previous fiscal year;

removed “(II) between the previous fiscal year and the date of the enactment of this subsection; and

removed “(III) between the date of the enactment of this subsection and the date of the establishment of the Stop, Observe, Ask, and Respond to Health and Wellness Training program that was operating on the day before the date of the enactment of this subsection; and

removed “(ii) the total number of health care providers and other related providers that participated in training supported by the pilot program—

removed “(I) during the previous fiscal year;

removed “(II) between the previous fiscal year and the date of the enactment of this subsection; and

removed “(III) between the date of the enactment of this subsection and the date of the establishment of the Stop, Observe, Ask, and Respond to Health and Wellness Training program that was operating on the day before the date of the enactment of this subsection.

removed “(B) Reporting—Not later than 90 days after the first day of each of the fiscal years 2018 through 2022, the Secretary shall prepare and submit to Congress a report on the data collected under subparagraph (A).

removed “(C) Sharing best practices—The Secretary shall make available, on the website of the Department of Health and Human Services, a description of the evidence-based practices and procedures used by entities that receive a grant under the pilot program for carrying out the activities described in paragraph (2)(B).”

added “(A) a State or unit of local government;

added “(B) a federally recognized Indian tribal government, as determined by the Secretary of the Interior;

added “(C) a victim service provider;

added “(D) a nonprofit or for-profit organization (including a tribal nonprofit or for-profit organization);

added “(E) a national organization; or

added “(F) an institution of higher education (including tribal institutions of higher education).”

added “(b) Grants authorized—The Attorney General may award grants to eligible entities to—

added “(1) provide training to identify and protect victims of trafficking;

added “(2) improve the quality and quantity of services offered to trafficking survivors; and

added “(3) improve victim service providers’ partnerships with Federal, State, tribal, and local law enforcement agencies and other relevant entities.”

added “(4) provide technical assistance on the range of services available to victim service providers who serve trafficking victims;

added “(5) develop and distribute materials, including materials identifying best practices in accordance with Federal law and policies, to support victim service providers working with human trafficking victims;

added “(6) identify and disseminate other publicly available materials in accordance with Federal law to help build capacity of service providers;

added “(7) provide training at relevant conferences, through webinars, or through other mechanisms in accordance with Federal law; or

added “(8) assist service providers in developing additional resources such as partnerships with Federal, State, tribal, and local law enforcement agencies and other relevant entities in order to access a range of available services in accordance with Federal law.”

removed Section 606(b) of the Justice for Victims of Trafficking Act of 2015 (42 U.S.C. 14044h(b)) is amended by adding at the end the following:

removed “(6) A national strategy to prevent human trafficking and reduce demand for human trafficking victims.”

added Part I of title 18, United States Code, is amended—

removed “(A) a State or unit of local government;

removed “(B) a federally recognized Indian tribal government, as determined by the Secretary of the Interior;

removed “(C) a victim service provider;

removed “(D) a nonprofit or for-profit organization (including a tribal nonprofit or for-profit organization);

removed “(E) a national organization; or

removed “(F) an institution of higher education (including tribal institutions of higher education).”

removed “(b) Grants authorized—The Attorney General may award grants to eligible entities to—

removed “(1) provide training to identify and protect victims of trafficking;

removed “(2) improve quality and quantity of services offered to trafficking survivors; and

removed “(3) improve victim service providers’ partnerships with Federal, State, tribal, and local law enforcement agencies and other relevant entities.”

removed “(4) provide technical assistance on the range of services available to victim service providers who serve trafficking victims;

removed “(5) develop and distribute materials, including materials identifying best practices in accordance with Federal law and policies, to support victim service providers working with human trafficking victims;

removed “(6) identify and disseminate other publicly available materials in accordance with Federal law to help build capacity of service providers;

removed “(7) provide training at relevant conferences, through webinars, or through other mechanisms in accordance with Federal law; or

removed “(8) assist service providers in developing additional resources such as partnerships with Federal, State, tribal, and local law enforcement agencies and other relevant entities in order to access a range of available services in accordance with Federal law.”

changed Part I Section 521(c) of title 18, United States Code, is amended—

added “(3) a Federal offense involving human trafficking, sexual abuse, sexual exploitation, or transportation for prostitution or any illegal sexual activity; and”

changed Section 521(c) 2516 of title 18, United States Code, is amended—

removed “(3) a Federal offense involving human trafficking, sexual abuse, sexual exploitation, or transportation for prostitution or any illegal sexual activity; and”

changed Section 2516 2423 of title 18, United States Code, is amended—

changed Section 2423 606 of title 18, United States Code, the Justice for Victims of Trafficking Act of 2015 (42 U.S.C. 14044h) is amended—

added “(c) Human Trafficking Justice Coordinators—The Attorney General shall designate in each Federal judicial district not less than 1 assistant United States attorney to serve as the Human Trafficking Coordinator for the district who, in addition to any other responsibilities, works with a human trafficking victim-witness specialist and shall be responsible for—

added “(1) implementing the National Strategy with respect to all forms of human trafficking, including labor trafficking and sex trafficking;

added “(2) prosecuting, or assisting in the prosecution of, human trafficking cases;

added “(3) conducting public outreach and awareness activities relating to human trafficking;

added “(4) ensuring the collection of data required to be collected under clause (viii) of section 105(d)(7)(Q) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)(Q)), as added by section 17 of the Abolish Human Trafficking Act of 2017, is sought;

added “(5) coordinating with other Federal agencies, State, tribal, and local law enforcement agencies, victim service providers, and other relevant non-governmental organizations to build partnerships on activities relating to human trafficking; and

added “(6) ensuring the collection of restitution for victims is sought as required to be ordered under section 1593 of title 18, United States Code, and section 2429 of such title, as added by section 3 of the Abolish Human Trafficking Act of 2017.

added “(d) Department of Justice Coordinator—Not later than 60 days after the date of enactment of the Abolish Human Trafficking Act of 2017, the Attorney General shall designate an official who shall coordinate human trafficking efforts within the Department of Justice who, in addition to any other responsibilities, shall be responsible for—

added “(1) coordinating, promoting, and supporting the work of the Department of Justice relating to human trafficking, including investigation, prosecution, training, outreach, victim support, grant-making, and policy activities;

added “(2) in consultation with survivors of human trafficking, or anti-human trafficking organizations, producing and disseminating, including making publicly available when appropriate, replication guides and training materials for law enforcement officers, prosecutors, judges, emergency responders, individuals working in victim services, adult and child protective services, social services, and public safety, medical personnel, mental health personnel, financial services personnel, and any other individuals whose work may bring them in contact with human trafficking regarding how to—

added “(A) identify signs of human trafficking;

added “(B) conduct investigations in human trafficking cases;

added “(C) address evidentiary issues and other legal issues; and

added “(D) appropriately assess, respond to, and interact with victims and witnesses in human trafficking cases, including in administrative, civil, and criminal judicial proceedings; and

added “(3) carrying out such other duties as the Attorney General determines necessary in connection with enhancing the understanding, prevention, and detection of, and response to, human trafficking.”

added Section 105(d)(7)(Q) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)(Q)) is amended—

added “(viii) the number of convictions obtained under chapter 77 of title 18, United States Code, aggregated separately by the form of offense committed with respect to the victim, including recruiting, enticing, harboring, transporting, providing, obtaining, advertising, maintaining, patronizing, or soliciting a human trafficking victim; and”

changed Section 105(d)(7)(Q) 237(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2000 (22 2008 (28 U.S.C. 7103(d)(7)(Q)) 534 note) is amended—

added “(4) incidents of assisting or promoting prostitution, child labor that is a violation of law, or forced labor of an individual under the age of 18 as described in paragraph (1); and

added “(5) incidents of purchasing or soliciting commercial sex acts, child labor that is a violation of law, or forced labor with an individual under the age of 18 as described in paragraph (2).”

removed “(viii) the number of convictions obtained under chapter 77 of title 18, United States Code, aggregated separately by the form of offense committed with respect to the victim, including recruiting, enticing, harboring, transporting, providing, obtaining, advertising, maintaining, patronizing, or soliciting a human trafficking victim; and”

changed Section 237(b) 115 of the William Wilberforce Trafficking Justice for Victims Protection Reauthorization of Trafficking Act of 2008 (28 U.S.C. 534 note) 2015 (Public Law 114–22; 129 Stat. 243) is amended—amended by striking subsection (h).

removed “(4) incidents of assisting or promoting prostitution, child labor that is a violation of law, or forced labor of an individual under the age of 18 as described in paragraph (1); and

removed “(5) incidents of purchasing or soliciting commercial sex acts, child labor that is a violation of law, or forced labor with an individual under the age of 18 as described in paragraph (2).”

removed Section 115 of the Justice for Victims of Trafficking Act of 2015 (Public Law 114–22; 129 Stat. 243) is amended by striking subsection (h).

added No Federal funds or resources may be used for the operation of, participation in, or partnership with any program that involves the provision of funding or resources to an organization that—

added “607. Understanding the physical and psychological effects of severe forms of trafficking in persons

added “(a) In general—The National Institute of Justice and the Centers for Disease Control and Prevention shall jointly conduct a study on the short-term and long-term physical and psychological effects of serious harm (as that term is defined in section 1589(c)(2) and section 1591(e)(4) of title 18, United States Code, as amended by the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110–457; 122 Stat. 5044)) in order to determine the most effective types of services for individuals who are identified as victims of these crimes, including victims in cases that were not investigated or prosecuted by any law enforcement agency, and how new or current treatment and programming options should be tailored to address the unique needs and barriers associated with these victims.

added “(b) Report—Not later than 3 years after the date of enactment of the Abolish Human Trafficking Act of 2017, the National Institute of Justice and the Centers for Disease Control and Prevention shall make available to the public the results, including any associated recommendations, of the study conducted under subsection (a).”

removed No Federal funds or resources may be used for the operation of, participation in, or partnership with any program that involves the provision of funding or resources to an organization that—

added “(i) Funding—For each of the fiscal years 2018 through 2022, the Attorney General is authorized to allocate up to $8,000,000 of the amounts appropriated pursuant to section 113(d)(1) of the Trafficking Victims Prevention Act of 2000 (22 U.S.C. 7110(d)(1)) to carry out this section.”

removed Not later than 1 year after the date of enactment of this Act, the Judicial Conference of the United States shall—

removed “607. Understanding the physical and psychological effects of severe forms of trafficking in persons

removed “(a) In general—The National Institute of Justice and the Centers for Disease Control and Prevention shall jointly conduct a study on the short-term and long-term physical and psychological effects of serious harm (as that term is defined in section 1589(c)(2) and section 1591(e)(4) of title 18, United States Code, as amended by the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110–457; 122 Stat. 5044)) in order to determine the most effective types of services for individuals who are identified as victims of these crimes, including victims in cases that were not investigated or prosecuted by any law enforcement agency, and how new or current treatment and programming options should be tailored to address the unique needs and barriers associated with these victims.

removed “(b) Report—Not later than 3 years after the date of enactment of the Abolish Human Trafficking Act of 2017, the National Institute of Justice and the Centers for Disease Control and Prevention shall make available to the public the results, including any associated recommendations, of the study conducted under subsection (a).”

added “(2) Purpose—The Center shall provide investigative assistance, training, and equipment to support domestic and international investigations of cyber-related crimes by the Department.”

changed “(i) Funding—For each of the fiscal years 2018 through 2022, the Attorney General is authorized to allocate up to $8,000,000 of the amounts appropriated pursuant to section 113(d)(1) of the Trafficking Victims Prevention Act of 2000 (22 U.S.C. 7110(d)(1)) to carry out this section.”“(e) HERO child-Rescue corps

added “(1) Establishment

added “(A) In general—There is established within the Center a Human Exploitation Rescue Operation Child-Rescue Corps Program (referred to in this section as the “HERO Child-Rescue Corps Program”), which shall be a Department-wide program, in collaboration with the Department of Defense and the National Association to Protect Children.

added “(B) Private sector collaboration—As part of the HERO Child-Rescue Corps Program, the National Association to Protect Children shall provide logistical support for program participants.

added “(2) Purpose—The purpose of the HERO Child-Rescue Corps Program shall be to recruit, train, equip, and employ members of the Armed Forces on active duty and wounded, ill, and injured veterans to combat and prevent child exploitation, including in investigative, intelligence, analyst, inspection, and forensic positions or any other positions determined appropriate by the employing agency.

added “(3) Functions—The HERO Child-Rescue Program shall—

added “(A) provide, recruit, train, and equip participants of the Program in the areas of digital forensics, investigation, analysis, intelligence, and victim identification, as determined by the Center and the needs of the Department; and

added “(B) ensure that during the internship period, participants of the Program are assigned to investigate and analyze—

added “(i) child exploitation;

added “(ii) child pornography;

added “(iii) unidentified child victims;

added “(iv) human trafficking;

added “(v) traveling child sex offenders; and

added “(vi) forced child labor, including the sexual exploitation of minors.

added “(f) Paid internship and hiring program

added “(1) In general—The Secretary shall establish a paid internship and hiring program for the purpose of placing participants of the HERO Child-Rescue Corps Program (in this subsection referred to as “participants”) into paid internship positions, for the subsequent appointment of the participants to permanent positions, as described in the guidelines promulgated under paragraph (3).

added “(2) Internship positions—Under the paid internship and hiring program required to be established under paragraph (1), the Secretary shall assign or detail participants to positions within United States Immigration and Customs Enforcement or any other Federal agency in accordance with the guidelines promulgated under paragraph (3).

added “(3) Placement

added “(A) In general—The Secretary shall promulgate guidelines for assigning or detailing participants to positions within United States Immigration and Customs Enforcement and other Federal agencies, which shall include requirements for internship duties and agreements regarding the subsequent appointment of the participants to permanent positions.

added “(B) Preference—The Secretary shall give a preference to Homeland Security Investigations in assignments or details under the guidelines promulgated under subparagraph (A).

added “(4) Term of internship—An appointment to an internship position under this subsection shall be for a term not to exceed 12 months.

added “(5) Rate and term of pay—After completion of initial group training and upon beginning work at an assigned office, a participant appointed to an internship position under this subsection who is not receiving monthly basic pay as a member of the Armed Forces on active duty shall receive compensation at a rate that is—

added “(A) not less than the minimum rate of basic pay payable for a position at level GS–5 of the General Schedule; and

added “(B) not more than the maximum rate of basic pay payable for a position at level GS–7 of the General Schedule.

added “(6) Eligibility—In establishing the paid internship and hiring program required under paragraph (1), the Secretary shall ensure that the eligibility requirements for participation in the internship program are the same as the eligibility requirements for participation in the HERO Child-Rescue Corps Program.

added “(7) Hero corps hiring—The Secretary shall establish within Homeland Security Investigations positions, which shall be in addition to any positions in existence on the date of enactment of this subsection, for the hiring and permanent employment of graduates of the paid internship program required to be established under paragraph (1).”

added “(1) In general—There are authorized”

added “(2) Allocation—Of the amount made available pursuant to paragraph (1) in each of fiscal years 2018 through 2022, not more than $10,000,000 shall be used to carry out subsection (e) and not less than $2,000,000 shall be used to carry out subsection (f).”