S. 1312 — what changed

“1595A. Civil injunctions

“(a) In general—Whenever it shall appear that any person is engaged or is about to engage in any act that constitutes or will constitute a violation of this chapter, chapter 110, or chapter 117, or a conspiracy under section 371 to commit a violation of this chapter, chapter 110, or chapter 117, the Attorney General may bring a civil action in a district court of the United States seeking an order to enjoin such act.

“(b) Action by court—The court shall proceed as soon as practicable to the hearing and determination of a civil action brought under subsection (a), and may, at any time before final determination, enter such a restraining order or prohibition, or take such other action, as is warranted to prevent a continuing and substantial injury to the United States or to any person or class of persons for whose protection the civil action is brought.

“(c) Procedure

“(1) In general—A proceeding under this section shall be governed by the Federal Rules of Civil Procedure, except that, if an indictment has been returned against the respondent, discovery shall be governed by the Federal Rules of Criminal Procedure.

“(2) Sealed proceedings—If a civil action is brought under subsection (a) before an indictment is returned against the respondent or while an indictment against the respondent is under seal—

“(A) the court shall place the civil action under seal; and

“(B) when the indictment is unsealed, the court shall unseal the civil action unless good cause exists to keep the civil action under seal.

removed “(3) Third parties and limited liability—For any third party, other than a defendant, who is subject to a restraining order or prohibition under subsection (b), the third party shall not be held liable to another party, in a separate action, for any acts constituting the violation that the Attorney General sought be to enjoined under subsection (a), or for any acts taken by the third party to comply with the restraining order or prohibition, if—

removed “(A) there is no specific finding that the third party was in active concert or participated with any other person bound by the restraining order or prohibition; and

removed “(B) the third party voluntarily makes a good faith effort to comply with the restraining order or prohibition.

“(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.”

“(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;”

“(10) a key component of such programs is the National Center for Missing and Exploited Children that—

“(A) serves as a nonprofit, national resource center and clearinghouse to provide assistance to victims, families, child-serving professionals, and the general public;

“(B) works with the Department of Justice, the Federal Bureau of Investigation, the United States Marshals Service, the Department of the Treasury, the Department of State, U.S. Immigration and Customs Enforcement, the United States Secret Service, the United States Postal Inspection Service, other agencies, and nongovernmental organizations in the effort to find missing children and to prevent child victimization; and

“(C) coordinates with each of the missing children clearinghouses operated by the 50 States, the District of Columbia, Puerto Rico, and international organizations to transmit images and information regarding missing and exploited children to law enforcement agencies, nongovernmental organizations, and corporate partners across the United States and around the world instantly.”

added “(1) the term missing child means any individual less than 18 years of age whose whereabouts are unknown to such individual's parent;”

changed “(4) the term “parent” includes a legal guardian or other individual standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or an individual who is legally responsible for may lawfully exercise parental rights with respect to the child’s welfare).”child.”

“(iii) innovative and model programs, services, and legislation that benefit missing and exploited children;”

“(H) provide technical assistance and training to families, law enforcement agencies, State and local governments, elements of the criminal justice system, nongovernmental agencies, local educational agencies, and the general public—

“(i) in the prevention, investigation, prosecution, and treatment of cases involving missing and exploited children;

“(ii) to respond to foster children missing from the State child welfare system in coordination with child welfare agencies and courts handling juvenile justice and dependency matters; and

“(iii) in the identification, location, and recovery of victims of, and children at risk for, child sex trafficking;”

“(I) provide assistance to families, law enforcement agencies, State and local governments, nongovernmental agencies, child-serving professionals, and other individuals involved in the location and recovery of missing and abducted children nationally and, in cooperation with the Department of State, internationally;

“(J) provide support and technical assistance to child-serving professionals involved in helping to recover missing and exploited children by searching public records databases to help in the identification, location, and recovery of such children, and help in the location and identification of potential abductors and offenders;

“(K) provide forensic and direct on-site technical assistance and consultation to families, law enforcement agencies, child-serving professionals, and nongovernmental organizations in child abduction and exploitation cases, including facial reconstruction of skeletal remains and similar techniques to assist in the identification of unidentified deceased children;”

“(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;”

“(Q) work with families, law enforcement agencies, electronic service providers, electronic payment service providers, technology companies, nongovernmental organizations, and others on methods to reduce the existence and distribution of online images and videos of sexually exploited children—

“(i) by operating a tipline to—

“(I) provide to individuals and electronic service providers an effective means of reporting Internet-related and other instances of child sexual exploitation in the areas of—

“(aa) possession, manufacture, and distribution of child pornography;

“(bb) online enticement of children for sexual acts;

“(cc) child sex trafficking;

“(dd) sex tourism involving children;

“(ee) extra familial child sexual molestation;

“(ff) unsolicited obscene material sent to a child;

“(gg) misleading domain names; and

“(hh) misleading words or digital images on the Internet; and

“(II) make reports received through the tipline available to the appropriate law enforcement agency for its review and potential investigation;

“(ii) by operating a child victim identification program to assist law enforcement agencies in identifying victims of child pornography and other sexual crimes to support the recovery of children from sexually exploitative situations; and

“(iii) by utilizing emerging technologies to provide additional outreach and educational materials to parents and families;”

“(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;”

“407. Reporting

“(a) Required Reporting—As a condition of receiving funds under section 404(b), the grant recipient shall, based solely on reports received by the grantee and not involving any data collection by the grantee other than those reports, annually provide to the Administrator and make available to the general public, as appropriate—

“(1) the number of children nationwide who are reported to the grantee as missing;

“(2) the number of children nationwide who are reported to the grantee as victims of non-family abductions;

“(3) the number of children nationwide who are reported to the grantee as victims of family abductions; and

“(4) the number of missing children recovered nationwide whose recovery was reported to the grantee.

“(b) Incidence of Attempted Child Abductions—As a condition of receiving funds under section 404(b), the grant recipient shall—

“(1) track the incidence of attempted child abductions in order to identify links and patterns;

“(2) provide such information to law enforcement agencies; and

“(3) make such information available to the general public, as appropriate.”

Section 3056(f) of title 18, United States Code, is amended—

“(d) Office of Victim Assistance

“(1) In general—There is established in Homeland Security Investigations of U.S. Immigration and Customs Enforcement the Office of Victim Assistance.

“(2) Purpose—The purpose of the Office of Victim Assistance shall be—

“(A) to provide national oversight to ensure that all employees of the U.S. Immigration and Customs Enforcement comply with all applicable Federal laws and policies concerning victims’ rights, access to information, advisement of legal rights, just and fair treatment of victims, and respect for victims’ privacy and dignity;

“(B) to oversee and support specially trained victim assistance personnel through guidance, training, travel, technical assistance, and equipment to support Homeland Security Investigations in domestic and international investigations with a potential or identified victim or witness.

“(3) Functions—The Office of Victim Assistance shall—

“(A) fund and provide guidance, training, travel, technical assistance, equipment, emergency funding for urgent victim needs as identified, and coordination of victim assistance personnel throughout Homeland Security Investigations to provide potential and identified victims and witnesses with access to the rights and services to which they are entitled by law;

“(B) provide training throughout the U.S. Immigration and Customs Enforcement on victim-related policies, issues, roles of victim assistance personnel, and the victim-centered approach in investigations;

“(C) provide victim assistance specialists to assess victims’ needs, provide referrals for comprehensive assistance, and work with special agents to integrate victim assistance considerations throughout the investigation and judicial processes, as needed, by locating such specialists—

“(i) where there is a human trafficking task force in which Homeland Security Investigations participates;

“(ii) where there is a task force targeting child sexual exploitation in which Homeland Security Investigations participates; and

“(iii) in each Homeland Security Investigations Special Agent in Charge Office to address victims of other Federal crimes, such as telemarketing fraud, which Homeland Security Investigations investigates;

“(D) provide forensic interview specialists in each Homeland Security Investigations Special Agent in Charge Office to conduct victim-centered and legally sufficient fact finding forensic interviews, both domestically and internationally;

“(E) provide case consultation, operational planning, coordination of services, and technical assistance and training to special agents regarding all issues related to victims and witnesses of all ages;

“(F) establish victim-related policies for Homeland Security Investigations, including policies related to human trafficking, child sexual exploitation, and other Federal crimes investigated by Homeland Security Investigations; and

“(G) collaborate with other Federal, State, local, and tribal governmental, nongovernmental, and nonprofit entities regarding policy, outreach, and training activities.

“(4) Data collection—The Office of Victim Assistance shall collect and maintain data in a manner that protects the confidentiality of the data and omits personally identifying information and subject to other Federal laws regarding victim confidentiality, including—

“(A) the sex and race of the victim;

“(B) each alleged crime that the victim was subjected to, and in the case of human trafficking, each purpose for which the victim was trafficked, such as commercial sex or forced labor; and

“(C) whether the victim was an adult or a minor child.

“(5) Availability of data to Congress—The Office of Victim Assistance shall make the data collected and maintained under paragraph (4) available to the committees of Congress set forth in section 105(d)(7) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)).”

“(S) the data collected by Homeland Security Investigations of U.S. Immigration and Customs Enforcement under section 442(d)(4) of the Homeland Security Act of 2002.”

“107B. Improving domestic victim screening procedures

“(a) Victim screening tools—Not later than October 1, 2018, the Attorney General shall compile and disseminate, to all grantees who are awarded grants to provide victims’ services under subsection (b) or (f) of section 107, information about reliable and effective tools for the identification of victims of human trafficking.

“(b) Use of screening procedures—Beginning not later than October 1, 2018, the Attorney General, in consultation with the Secretary of Health and Human Services, shall identify recommended practices for the screening of human trafficking victims and shall encourage the use of such practices by grantees receiving a grant to provide victim services to youth under subsection (b) or (f) of section 107.”

Section 1402(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(3)) is amended by adding at the end the following:

“(C)

“(i) The Director may use not more than 1 percent of the amount to be distributed from the Fund under this paragraph in a particular fiscal year to provide and improve direct assistance services for crime victims, including victim assistance coordinators and specialists, in the Federal criminal justice system (as described in section 3771 of title 18, United States Code, and section 503 of the Victims’ Rights and Restitution Act of 1990 (42 U.S.C. 10607)) by a department or agency of the Federal Government other than the Department of Justice.

changed “(ii) Beginning in the first fiscal year beginning after the date of enactment of this subparagraph and every fiscal year thereafter, the Director shall solicit requests for funding under clause (i).”(i).

added “(iii) Before amounts are distributed from the Fund to a department or agency for the purpose described in clause (i), the Director shall evaluate whether the activities proposed to be carried out by such department or agency would duplicate services that are provided by another department or agency of the Federal Government (including the Department of Justice) using amounts from the Fund, and impose measures to avoid such duplication to the greatest extent possible.”

“(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.”

Section 223(b)(2) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13023(b)(2)) is amended—

changed “(D) procedures for identifying, and improving the judicial response to, to children who are vulnerable to child sex human trafficking, including development of a victim-centered approach to addressing commercial sexual exploitation of children.”the extent an appropriate screening tool exists.”

Section 1236 of the Violence Against Women Reauthorization Act of 2013 (22 U.S.C. 7113) is amended—

“(a) In general—For fiscal year 2013, and each fiscal year thereafter, all grants”

“(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 (42 U.S.C. 13023).

“(2) The program under section 504 of the Trafficking Victims Protection Act of 2017.”