US Codex
Pub. L.
Notes

Title II — Justice for Trafficking Victims

115th Congress · Approved Dec 21, 2018 · 132 Stat. 5265

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:

“§ 1595A. Civil injunctions

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

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

“(c) Procedure.—

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

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

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

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

“(d) Rule of Construction.—Nothing in this section shall be construed or applied so as to abridge the exercise of rights guaranteed under the First Amendment to the Constitution of the United States.”

(b)
Technical and Conforming Amendment.— The table of sections for chapter 77 of title 18, United States Code, is amended by inserting after the item relating to section 1595 the following:

“1595A. Civil injunctions.”.

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;

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

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

; and

(7)
by redesignating paragraphs (6), (7), (8), and (10), as amended by this subsection, as paragraphs (4), (5), (6), and (7), respectively.
(b)
Definitions.— Section 403 of the Missing Children’s Assistance Act (42 U.S.C. 5772) is amended—
(1)
by striking paragraph (1) and inserting the following:

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

(2)
in paragraph (2) by striking “ and” at the end;
(3)
in paragraph (3) by striking the period at the end and inserting “ ; and”; and
(4)
by adding at the end the following:

“(4) the term ‘parent’ includes a legal guardian or other individual who may lawfully exercise parental rights with respect to the child.”

(c)
Duties and Functions of the Administrator.— Section 404 of the Missing Children’s Assistance Act (34 U.S.C. 11293) is amended—
(1)
in subsection (a)—
(A)
in paragraph (3) by striking “ telephone line” and inserting “ hotline”; and
(B)
in paragraph (6)(E)—
(i)
by striking “ telephone line” and inserting “ hotline”;
(ii)
by striking “ (b)(1)(A) and” and inserting “ (b)(1)(A),”; and
(iii)
by inserting “ , and the number and types of reports to the tipline established under subsection (b)(1)(K)(i)” before the semicolon at the end;
(2)
in subsection (b)(1)—
(A)
in subparagraph (A)—
(i)
by striking “ telephone line” each place it appears and inserting “ hotline”; and
(ii)
by striking “ legal custodian” and inserting “ parent”;
(B)
in subparagraph (C)—
(i)
in clause (i)—
(I)
by striking “ restaurant” and inserting “ food”; and
(II)
by striking “ and” at the end;
(ii)
in clause (ii) by adding “ and” at the end; and
(iii)
by adding at the end the following:

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

(C)
by striking subparagraphs (E), (F), and (G);
(D)
by amending subparagraph (H) to read as follows:

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

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

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

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

(E)
by amending subparagraphs (I), (J), and (K) to read as follows:

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

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

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

(F)
by striking subparagraphs (L) and (M);
(G)
by amending subparagraph (N) to read as follows:

“(N) provide training, technical assistance, and information to nongovernmental organizations relating to non-compliant sex offenders and to law enforcement agencies in identifying and locating such individuals;”

(H)
by striking subparagraph (P);
(I)
by amending subparagraph (Q) to read as follows:

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

“(i) by operating a tipline to—

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

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

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

“(cc) child sex trafficking;

“(dd) sex tourism involving children;

“(ee) extra familial child sexual molestation;

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

“(gg) misleading domain names; and

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

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

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

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

(J)
by striking subparagraph (R);
(K)
by amending subparagraphs (S) and (T) to read as follows:

“(S) develop and disseminate programs and information to families, child-serving professionals, law enforcement agencies, State and local governments, nongovernmental organizations, schools, local educational agencies, child-serving organizations, and the general public on—

“(i) the prevention of child abduction and sexual exploitation;

“(ii) Internet safety, including tips for social media and cyberbullying; and

“(iii) sexting and sextortion; and

“(T) provide technical assistance and training to local educational agencies, schools, State and local law enforcement agencies, individuals, and other nongovernmental organizations that assist with finding missing and abducted children in identifying and recovering such children;”

; and

(L)
by redesignating subparagraphs (H), (I), (J), (K), (N), (O), (Q), (S), (T), (U), and (V), as amended by this subsection, as subparagraphs (E) through (O), respectively.
(d)
Grants.— Section 405 of the Missing Children’s Assistance Act (34 U.S.C. 11294) is amended—
(1)
in subsection (a)—
(A)
in paragraph (7) by striking “ (as defined in section 403(1)(A))”; and
(B)
in paragraph (8)—
(i)
by striking “ legal custodians” and inserting “ parents”; and
(ii)
by striking “ custodians’ ” and inserting “ parents’ ”; and
(2)
in subsection (b)(1)(A) by striking “ legal custodians” and inserting “ parents”.
(e)
Reporting.— The Missing Children’s Assistance Act (34 U.S.C. 11291 et seq.) is amended—
(1)
by redesignating sections 407 and 408 as section 408 and 409, respectively; and
(2)
by inserting after section 406 the following:

“SEC. 407. REPORTING.

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

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

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

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

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

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

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

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

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

SEC. 203. Forensic and Investigative Assistance.

(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”.