Congressional Record, Volume 163 Issue 97 (Wednesday, June 7, 2017)

[Congressional Record Volume 163, Number 97 (Wednesday, June 7, 2017)]
[Senate]
[Pages S3329-S3338]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. FLAKE (for himself and Ms. Heitkamp):
S. 1305. A bill to provide U.S. Customs and Border Protection with
adequate flexibility in its employment authorities; to the Committee on
Homeland Security and Governmental Affairs.
Mr. FLAKE. Mr. President, I rise to speak in support of the Customs
and Border Protection Hiring and Retention Act, or CBP HiRe Act.
In recent years, U.S. Customs and Border Protection, or CBP, has had
a lot of trouble recruiting, hiring, and retaining personnel to
adequately staff the border and our ports of entry. Today, CBP is
nearly 1,000 officers below the mandated staffing levels. The Border
Patrol, whose duty it is to secure 6,000 miles of borderlands, suffers
from a shortage of more than 1,800 agents. These shortages persist,
despite ample backing and funding from Congress and the threat they
pose to both national security and trade-reliant communities and
economies, particularly in my State of Arizona. This has been
frustrating for border communities across the country, but it is
especially problematic for Arizona, a State that depends on both border
security and a lot of cross-border trade.
For example, the Nogales port of entry in Southern Arizona is one of
the busiest ports in the United States. It processes approximately $2.5
billion worth of produce each year. Arizona alone does about $15
billion in trade with Mexico alone, every year. Mexican shoppers spend
about $8 million in stores in Arizona every day.
However, the port currently is suffering from a 23-percent shortage
of CBP officers. Our ports cannot effectively and efficiently
facilitate the flow of commerce across the border without adequate
staffing.
One of the biggest challenges in both retaining and hiring new
officers and agents for frontline positions has been the remoteness of
CBP installations. CBP officers and border agents are often stationed
in geographically remote and isolated locations. This likely
contributes to the fact that, of those leaving the agency, nearly 30
percent of Border Patrol agents and over 10 percent of CBP officers are
lost to other agencies.
Massive staffing shortages aside, CBP is barely able to hire fast
enough to fill the jobs left by departing agents and officers. So we
have great needs that are not being filled, but we also have attrition
we simply can't replace. In fact, CBP hires only 1 out of every 64
applicants for officer positions, and 1 out of every 113 applicants for
Border Patrol agent positions. This means that less than 2 percent of
applicants manage to get through CBP's hiring process. The situation at
CBP today is simply unsustainable.
Congress can't sit idly by as slow hiring rates and accelerating
attrition threaten the security of our borders and the underpinnings of
our economy. To that end, I am pleased to introduce my CBP HiRe Act
with Senator

[[Page S3330]]

Heitkamp from North Dakota. This legislation would streamline the
hiring process and allow the CBP to finally bring more agents and
officers into frontline positions.
Importantly, this bill gives CBP new tools to recruit and retain
personnel in remote and hard-to-fill locations. This includes special
salary rates and recruitment, relocation, and retention incentives.
In addition, the bill will eliminate bureaucratic redtape by giving
CBP the authority to use direct-hire authority and to expedite the
hiring of qualified applicants. Right now, the situation is that they
have to deal with other Federal agencies and get virtually every
incentive and program they want to approve and need to approve to hire
more officers. They have to run it up the flagpole so many times with
Federal agencies that it simply takes too long.
Lastly, the bill prevents CBP from disclosing an applicant's
polygraph results with another Federal agency or non-Federal employer.
Challenges relating to the administering of the polygraph have resulted
in approximately 65 percent of the individuals failing the test.
Think about that. People who are in another law enforcement position,
even those who have taken a polygraph before just a year or two prior--
many of them fear that a false positive on a polygraph exam might
impact their ability to move to another Federal agency if that is
disclosed. If you have a polygraph, which can't be used in courts of
law because it is not perfect or nowhere near perfect, then Federal
agencies shouldn't be able to forward that to other Federal agencies.
It acts as a big disincentive for people to apply for these positions
because a false positive on a polygraph exam might imperil their
chances to work for another Federal agency or to work in law
enforcement later in their career. This also creates a disincentive, as
I mentioned, for individuals to want to be hired by CBP.
In Arizona, safety and prosperity are inextricably linked to CBP's
ability to secure the border and facilitate trade. The CBP HiRe Act
will give CBP the tools and flexibility necessary to accomplish these
missions.
I urge my colleagues to support this bipartisan solution, and I look
forward to seeing it move through the Senate without delay.
______

By Mr. LEAHY:
S. 1306. A bill to amend the Internal Revenue Code of 1986 to
establish refundable tax credits for expenses relating to ensuring
safety and accessibility in historic structures; to the Committee on
Finance.
Mr. LEAHY. Mr. President, founded more than two centuries ago,
Vermont boasts a trove of historically preserved buildings, structures,
and towns. These are part of our heritage, and our State's character.
Making a priority of managing and preserving our cultural heritage
makes Vermont a National leader in this field.
Of course, many of these historic structures do not meet modern fire
prevention codes and lack basic features such as sprinklers, which can
drastically reduce the potential for irreparable damage from a fire.
Today I am reintroducing the Historic Downtown Preservation and Access
Act, a bill that would create a refundable tax credit for the
installation of fire suppression systems and elevators in older, multi-
use buildings in historic downtowns. Every year, fires destroy numerous
historic buildings that often serve as the center of towns and villages
across the nation. In 2011, the Brooks House in Brattleboro, Vermont,
burned down after almost 150 years in use as a hotel and later, as a
multi-use building for residential housing and commercial space. After
six years of rebuilding and restoring, those who were displaced by this
fire are finally getting back on their feet.
The Historic Downtown Preservation and Access Act will establish a 50
percent refundable tax credit of up to $50,000 that incentivizes the
installation of sprinkler systems in order to help prevent and minimize
damage caused by fire, including potential loss of life, extensive
property damage, and, in some instances, federal funding that is
reinvested during the restoration process. This bill also includes a
provision to encourage the installation of elevators in our historic
buildings, making them accessible to all. This would ensure that upper
floors for commercial or residential use are accessible to everyone,
including tenants and their guests. Finally, this bill is updated to
establish a tax credit for the costs incurred when removing hazardous
substances from historic buildings, like lead paint, asbestos, and
radon.
We should encourage the maintenance of the history and character of
historic buildings and downtowns, while also ensuring that they remain
safe and accessible to all. This bill is a responsible step forward in
those efforts. As we look ahead to comprehensive tax reform, I hope
that Congress will consider commonsense legislation like this that will
help preserve our towns' unique histories and legacy features for
decades to come, while promoting the safety of all Americans.
______

By Mrs. FEINSTEIN (for herself, Ms. Hassan, Ms. Warren, Ms.
Harris, Ms. Baldwin, Mr. Leahy, and Mrs. Gillibrand):
S. 1307. A bill to amend the Internal Revenue Code of 1986 to expand
eligibility to receive refundable tax credits for coverage under a
qualified health plan; to the Committee on Finance.
Mrs. FEINSTEIN. Mr. President, I rise today to introduce the
Affordable Health Insurance for the Middle Class Act, a common sense
fix to improve affordability of health insurance on the individual
market. I am pleased that Senators Hassan, Warren, Harris, Baldwin, and
Leahy have joined this bill as original cosponsors, and I appreciate
their support.
Since its implementation, the Affordable Care Act has helped to
expand health care and control out-of-pocket costs for millions of
Americans. Over 20 million people who were previously uninsured now
have coverage, there are no yearly or lifetime limits on coverage, and
no one can be denied coverage or charged more based on their gender or
because of a pre-existing health condition. The Affordable Care Act
also expanded the individual marketplace, through which 18 million
people currently get their coverage. Individuals who make between 100
and 400 percent of the federal poverty level, and who do not have
affordable employer coverage available to them, can receive a tax
credit subsidy to help pay for insurance on the individual market. This
credit limits the cost of insurance at 9.69 percent of an individual's
income.
However, someone who makes just one dollar above the income threshold
immediately loses all federal assistance. This `cliff' unfairly impacts
middle-income Americans who are by no means wealthy, but who make just
barely too much to qualify for the tax credit. I am particularly
concerned about my constituents between the ages of 50 to 64, who are
facing higher premiums as they age and who need access to health
services but are not yet eligible for Medicare.
To address this issue, the Affordable Health Insurance for the Middle
Class Act would eliminate the current cliff, and instead gradually
phase out federal assistance based on income. Nobody would pay more
than 9.69 percent of their income for insurance, and once someone's
premium fell below this threshold, they would no longer receive federal
assistance.
For example, in my hometown of San Francisco, a 60-year-old making
$50,000 currently pays $946 per month for the second-lowest cost Silver
plan and does not receive federal assistance. Under this bill, their
premium would be capped at $404, or 9.69 percent of their income, and
the tax credit subsidy would cover the rest. This bill would create a
fairer and more predictable system, ensuring that consumers on the
individual market know just how much their insurance will cost and will
have affordable options available. The Affordable Care Act has reduced
costs and expanded benefits for many Americans, and it is critical that
we build on this progress to further improve the law--not destroy it.
The bill is supported by a number of organizations, including the
American Association of Neurological Surgeons, AANS, Child Welfare
League of America, Congress of Neurological Surgeons, CNS, Families
USA, Lung Cancer Alliance, and National Farmers Union.
This legislation is a simple fix that provides relief for middle-
income

[[Page S3331]]

Americans and strengthens affordability protections for coverage
through the individual market. I urge all of my colleagues to cosponsor
the Affordable Health Insurance for the Middle Class Act. Thank you Mr.
President and I yield the floor.
______

By Ms. STABENOW (for herself and Mr. Peters):
S. 1308. A bill to increase authorized funding for the Soo Locks; to
the Committee on Environment and Public Works.
Mr. PETERS. Mr. President, I rise to speak about legislation I am
introducing with my colleague from Michigan Senator Stabenow to
authorize funding for a new Soo Lock.
Since 1855, locks at the St. Mary's River have allowed ships to pass
between Lake Superior and Lake Huron. In modern times, this waterway
has allowed large freighters to move coal, iron ore, and agricultural
products throughout the Great Lakes. The Soo Locks are the most
important link in a critical supply chain that connects iron ore mines
in Minnesota and Michigan's Upper Peninsula with steel mills and
manufacturing facilities all across the country.
During World War II, Congress authorized funding for a new lock
because it was clear the country's ability to move iron ore to steel
plants in Michigan, Ohio, and Pennsylvania was absolutely critical for
the war effort. It took less than 2 years to complete that project
after Congress authorized the funding in 1942.
President Roosevelt signed an Executive order establishing the
military district of Sault Saint Marie, and the Army stationed 10,000
troops there to defend the Soo Locks by land, air, and sea--so great
was the fear that a German attack would instantly cripple Allied
efforts to produce steel and weapons.
Today, there is only one Soo Lock--the Poe Lock--that is large enough
to accommodate modern freighters, especially the 1,000-foot-long
vessels that move millions of tons of iron ore each and every year.
Over 80 percent of the commodities that flow through the Soo Locks must
pass through the Poe Lock, and each one of those 1,000-foot freighters
carries the equivalent of 3,000 truckloads of commodities. It is not
possible to move that amount of iron ore in these 1,000-foot freighters
by rail or by road, and on top of that, the steel mills are only
equipped to handle the iron ore supply by water.
A study conducted by the Department of Homeland Security in 2015
confirmed that it is the Achilles' heel of our economy. Key findings
from the Department say: ``A disruption of the Poe Lock likely will
cause an almost complete shutdown of Great Lake steel production.''
The report goes on to say: ``A shutdown of Great Lakes steel
production likely will cause almost all North American appliances,
automobiles, construction equipment, farm equipment, mining equipment,
and railcar production to cease within weeks.''
Within weeks. The Homeland Security report estimates that 11 million
Americans would lose their jobs if this were to happen.
Consider the fact that the jobs of millions of American workers
depend on the ability of large ships to pass, as depicted, from here to
here on the St. Mary's Falls Canal. Currently, there is only one lock
that can accommodate this task. If this lock shuts down, steel plants
in Ohio and Indiana and Kentucky shut down. Auto plants in Texas,
Tennessee, California, and Michigan shut down. The American economy
shuts down. The losses would be felt throughout the United States,
wherever steel is used in the manufacturing process.
We are taking an unacceptable risk if we do not act swiftly to ensure
that there is a backup in the case of a lock failure. That is why I am
joining Senator Stabenow and members of the Michigan congressional
delegation from both parties to introduce a bill that would authorize
the funding for constructing another larger Poe-sized lock. The current
authorization for the project is far below projected cost estimates.
Our bill, which was introduced today, if enacted, will allow the Army
Corps to move directly into the design and construction phase. We do
not have a moment to lose.
Just last week, I traveled to the Soo Locks for a tour with members
of the Michigan congressional delegation, and we saw firsthand how the
dedicated men and women of the Army Corps are working to keep the locks
functioning. They go to work each and every day with a full
understanding of how the safety and security of the Nation rests with
their ability to maintain this critical infrastructure. It is a credit
to the skill of the Army Corps of Engineers that freighters have been
able to pass through the St. Mary's on their journeys around the Great
Lakes almost without interruption. But they are working with equipment
that has been maintained well beyond its life cycle and in some cases
beyond two life cycles. When I was there last week, I saw 100-year-old
water pumps still in use.
We cannot continue to rely on the infrastructure investments made by
our grandparents and great-grandparents. It is time to invest in our
country and the well-being of our economy for future generations and
pass the Soo Locks Modernization Act.
______

By Mr. CORNYN (for himself, Ms. Klobuchar, Mr. Grassley, Mrs.
Feinstein, Mr. Corker, Mr. Brown, Mr. Heller, Mr. Wyden, Mr.
Rubio, Mr. Coons, Mr. Hatch, Mr. Burr, and Ms. Heitkamp):
S. 1311. A bill to provide assistance in abolishing human trafficking
in the United States; to the Committee on the Judiciary.
Mr. CORNYN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 1311

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Abolish
Human Trafficking 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. Preserving Domestic Trafficking Victims' Fund.
Sec. 3. Mandatory restitution for victims of commercial sexual
exploitation.
Sec. 4. Victim-witness assistance in sexual exploitation cases.
Sec. 5. Victim protection training for the Department of Homeland
Security.
Sec. 6. Implementing a victim-centered approach to human trafficking.
Sec. 7. Direct services for child victims of human trafficking.
Sec. 8. Holistic training for Federal law enforcement officers and
prosecutors.
Sec. 9. Best practices in delivering justice for victims of
trafficking.
Sec. 10. Training for health professionals.
Sec. 11. Improving the national strategy to combat human trafficking.
Sec. 12. Specialized human trafficking training and technical
assistance for service providers.
Sec. 13. Enhanced penalties for human trafficking, child exploitation,
and repeat offenders.
Sec. 14. Targeting organized human trafficking perpetrators.
Sec. 15. Investigating complex human trafficking networks.
Sec. 16. Combating sex tourism.
Sec. 17. Human Trafficking Justice Coordinators.
Sec. 18. Interagency Task Force to Monitor and Combat Human
Trafficking.
Sec. 19. Additional reporting on crime.
Sec. 20. Making the Presidential Survivor Council permanent.
Sec. 21. Strengthening the National Human Trafficking Hotline.
Sec. 22. Ending government partnerships with the commercial sex
industry.
Sec. 23. Study of human trafficking victim privilege.
Sec. 24. Understanding the effects of severe forms of trafficking in
persons.
Sec. 25. Combating trafficking in persons.
Sec. 26. Grant accountability.

SEC. 2. PRESERVING DOMESTIC TRAFFICKING VICTIMS' FUND.

(a) Sense of Congress.--It is the sense of Congress that
the Domestic Trafficking Victims' Fund established under
section 3014 of title 18, United States Code--
(1) is intended to supplement, and not supplant, any other
funding for domestic trafficking victims; and
(2) has achieved the objective described in paragraph (1)
since the establishment of the Fund.
(b) Ensuring Full Funding.--Section 3014 of title 18,
United States Code, is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``September 30, 2019'' and inserting
``September 30, 2023'';

[[Page S3332]]

(2) in subsection (f), by inserting ``, including the
mandatory imposition of civil remedies for satisfaction of an
unpaid fine as authorized under section 3613, where
appropriate'' after ``criminal cases''; and
(3) in subsection (h)(3), by inserting ``and child victims
of a severe form of trafficking (as defined in section 103 of
the Victims of Trafficking and Violence Protection Act of
2000 (22 U.S.C. 7102))'' after ``child pornography victims''.

SEC. 3. MANDATORY RESTITUTION FOR VICTIMS OF COMMERCIAL
SEXUAL EXPLOITATION.

(a) Amendment.--Chapter 117 of title 18, United States
Code, is amended by adding at the end the following:

``Sec. 2429. Mandatory restitution

``(a) In General.--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.
``(b) Scope and Nature of Order.--
``(1) Directions.--An 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).
``(2) Enforcement.--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.
``(3) Full amount of the victim's losses defined.--For
purposes of this subsection, the term `full amount of the
victim's losses'--
``(A) has the meaning given the term in section 2259(b)(3);
and
``(B) includes 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.
``(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).
``(c) Victim Defined.--
``(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.
``(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
``(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.''.
(b) Table of Sections.--The table of sections for chapter
117 of title 18, United States Code, is amended by inserting
after the item relating to section 2428 the following:

``2429. Mandatory restitution.''.

SEC. 4. VICTIM-WITNESS ASSISTANCE IN SEXUAL EXPLOITATION
CASES.

(a) Availability of DOJ Appropriations.--Section
524(c)(1)(B) of title 28, United States Code, is amended by
inserting ``, chapter 110 of title 18'' after ``chapter 77 of
title 18''.
(b) Amendment to Title 31.--Section 9705(a)(2)(B)(v) of
title 31, United States Code, is amended by inserting ``,
chapter 109A of title 18 (relating to sexual abuse), chapter
110 of title 18 (relating to child sexual exploitation), or
chapter 117 of title 18 (relating to transportation for
illegal sexual activity and related crimes)'' after
``(relating to human trafficking)''.

SEC. 5. VICTIM PROTECTION TRAINING FOR THE DEPARTMENT OF
HOMELAND SECURITY.

(a) In General.--Title IX of the Justice for Victims of
Trafficking Act of 2015 (6 U.S.C. 641 et seq.) is amended by
adding at the end the following:

``SEC. 906. VICTIM PROTECTION TRAINING FOR THE DEPARTMENT OF
HOMELAND SECURITY.

``(a) Directive to DHS Law Enforcement Officials and Task
Forces.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary shall issue a
directive to--
``(A) all Federal law enforcement officers and relevant
personnel employed by the Department who may be involved in
the investigation of human trafficking offenses; and
``(B) members of all task forces led by the Department that
participate in the investigation of human trafficking
offenses.
``(2) Required instructions.--The directive required to be
issued under paragraph (1) shall include instructions on--
``(A) the investigation of individuals who patronize or
solicit human trafficking victims as being engaged in severe
trafficking in persons and how such individuals should be
investigated for their roles in severe trafficking in
persons; and
``(B) how 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.
``(b) Victim Screening Protocol.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary shall issue a
screening protocol for use during all anti-trafficking law
enforcement operations in which the Department 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, child labor that is a violation of law, or work in
violation of labor standards 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) be developed in consultation with relevant
interagency partners and nongovernmental organizations that
specialize in the prevention of human trafficking or in the
identification and support of victims of human trafficking
and survivors of human trafficking; and
``(D) include--
``(i) procedures and practices to ensure that the screening
process minimizes trauma or revictimization of the person
being screened; and
``(ii) guidelines on assisting victims of human trafficking
in identifying and receiving restorative services.
``(c) Mandatory Training.--The training described in
sections 902 and 904 shall include training necessary to
implement--
``(1) the directive required under subsection (a); and
``(2) the protocol required under subsection (b).''.
(b) Table of Contents Amendment.--The table of contents in
section 1(b) of the Justice for Victims of Trafficking Act of
2015 (Public Law 114-22; 129 Stat. 227) is amended by
inserting after the item relating to section 905 the
following:

``Sec. 906. Victim protection training for the Department of Homeland
Security.''.

SEC. 6. 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--

``(I) will be used to assist in the prevention of severe
forms of trafficking in persons in accordance with Federal
law;
``(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;
``(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 for a period that is
longer than the duration of the grant received under this
paragraph.''.

SEC. 7. DIRECT SERVICES FOR CHILD VICTIMS OF HUMAN
TRAFFICKING.

Section 214(b) of the Victims of Child Abuse Act of 1990
(42 U.S.C. 13002(b)) is amended--
(1) in the heading by inserting ``Child Victims of a Severe
Form of Trafficking in Persons and'' before ``Victims of
Child Pornography''; and
(2) by inserting ``victims of a severe form of trafficking
(as defined in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102(9)(A)) who were under
the age of 18 at the time of the offense and'' before
``victims of child pornography''.

SEC. 8. HOLISTIC TRAINING FOR FEDERAL LAW ENFORCEMENT
OFFICERS AND PROSECUTORS.

All training required under the Combat Human Trafficking
Act of 2015 (42 U.S.C. 14044g) and section 105(c)(4) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7105(c)(4)) shall--
(1) emphasize 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;
(2) develop specific curriculum for--
(A) under appropriate circumstances, arresting and
prosecuting buyers of commercial sex, child labor that is a
violation of law, or forced labor as a form of primary
prevention; and
(B) investigating and prosecuting individuals who knowingly
benefit financially from participation in a venture that has
engaged in any act of human trafficking; and
(3) specify that any comprehensive approach to eliminating
human trafficking

[[Page S3333]]

shall include a demand reduction component.

SEC. 9. BEST PRACTICES IN DELIVERING JUSTICE FOR VICTIMS OF
TRAFFICKING.

Not later than 180 days after the date of enactment of this
Act, the Attorney General shall issue guidance to all offices
and components of the Department of Justice--
(1) emphasizing 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 severe form of trafficking
in persons, as that term is defined in section 103(9) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102(9));
(2) recommending and implementing best practices for the
collection of special assessments under section 3014 of title
18, United States Code, as added by section 101 of the
Justice for Victims of Trafficking Act of 2015 (Public Law
114-22; 129 Stat. 228), including a directive that civil
liens are an authorized collection method and remedy under
section 3613 of title 18, United States Code; and
(3) clarifying that commercial sexual exploitation is a
form of gender-based violence.

SEC. 10. TRAINING FOR HEALTH PROFESSIONALS.

Section 107 of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7105(f)) is amended by adding at the end the
following:
``(h) Training for Health Professionals.--
``(1) Definitions.--In this subsection--
``(A) the term `pilot program' means the Stop, Observe,
Ask, and Respond to Health and Wellness Training pilot
program established under paragraph (2); and
``(B) the term `Secretary' means the Secretary of Health
and Human Services.
``(2) Pilot program.--
``(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'.
``(B) Grants authorized.--Under the pilot program, the
Secretary may award grants to appropriate entities to train
health care providers--
``(i) to identify potential human trafficking victims;
``(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;
``(iii) to refer such victims to appropriate social or
victims service agencies or organizations;
``(iv) to provide such victims with appropriate patient-
centered, evidence-based care; and
``(v) to foster the practice of interprofessional
collaboration, including practices used by organizations
other than health care organizations.
``(C) Functions.--
``(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).
``(ii) Authorized initiatives.--The authorized initiatives
of the pilot program shall include--

``(I) engaging stakeholders, including victims of human
trafficking and Federal, State, local, or tribal partners;
``(II) making grants available to support training in
health care sites that represent diversity in--

``(aa) geography;
``(bb) the demographics of the population served;
``(cc) the predominate types of human trafficking cases;
and
``(dd) health care provider profiles; and

``(III) providing technical assistance to assist grantees
in--

``(aa) achieving the objectives described in subparagraph
(B); and
``(bb) reporting on any best practices they identify.
``(D) Termination.--The pilot program shall terminate not
later than October 1, 2022.
``(3) Data collection and reporting requirements.--
``(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--
``(i) the total number of entities that received a grant
under this subsection--

``(I) during the previous fiscal year;
``(II) between the previous fiscal year and the date of the
enactment of this subsection; and
``(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

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

``(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).
``(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).''.

SEC. 11. IMPROVING THE NATIONAL STRATEGY TO COMBAT HUMAN
TRAFFICKING.

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:
``(6) A national strategy to prevent human trafficking and
reduce demand for human trafficking victims.''.

SEC. 12. SPECIALIZED HUMAN TRAFFICKING TRAINING AND TECHNICAL
ASSISTANCE FOR SERVICE PROVIDERS.

(a) In General.--Section 111 of the Violence Against Women
and Department of Justice Reauthorization Act of 2005 (42
U.S.C. 14044f) is amended--
(1) in the heading, by striking ``LAW ENFORCEMENT TRAINING
PROGRAMS'' and inserting ``SPECIALIZED HUMAN TRAFFICKING
TRAINING AND TECHNICAL ASSISTANCE'';
(2) in subsection (a)(2), by striking ``means a State or a
local government.'' and inserting the following: ``means--
``(A) a State or unit of local government;
``(B) a federally recognized Indian tribal government, as
determined by the Secretary of the Interior;
``(C) a victim service provider;
``(D) a nonprofit or for-profit organization (including a
tribal nonprofit or for-profit organization);
``(E) a national organization; or
``(F) an institution of higher education (including tribal
institutions of higher education).'';
(3) by striking subsection (b) and inserting the following:
``(b) Grants Authorized.--The Attorney General may award
grants to eligible entities to--
``(1) provide training to identify and protect victims of
trafficking;
``(2) improve quality and quantity of services offered to
trafficking survivors; and
``(3) improve victim service providers' partnerships with
Federal, State, tribal, and local law enforcement agencies
and other relevant entities.''; and
(4) in subsection (c)--
(A) in paragraph (2), by striking ``or'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(C) by inserting after paragraph (3) the following:
``(4) provide technical assistance on the range of services
available to victim service providers who serve trafficking
victims;
``(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;
``(6) identify and disseminate other publically available
materials in accordance with Federal law to help build
capacity of service providers;
``(7) provide training at relevant conferences, through
webinars, or through other mechanisms in accordance with
Federal law; or
``(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.''.
(b) Technical and Conforming Amendment.--The table of
contents in section 2 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law
109-162; 119 Stat. 2960) is amended by striking the item
relating to section 111 and inserting the following:

``Sec. 111. Grants for specialized human trafficking training and
technical assistance for service providers.''.

SEC. 13. ENHANCED PENALTIES FOR HUMAN TRAFFICKING, CHILD
EXPLOITATION, AND REPEAT OFFENDERS.

Part I of title 18, United States Code, is amended--
(1) in chapter 77--
(A) in section 1583(a), in the flush text following
paragraph (3), by striking ``not more than 20 years'' and
inserting ``not more than 30 years'';
(B) in section 1587, by striking ``four years'' and
inserting ``10 years''; and
(C) in section 1591(d), by striking ``20 years'' and
inserting ``25 years''; and
(2) in section 2426--
(A) in subsection (a), by striking ``twice'' and inserting
``3 times''; and
(B) in subsection (b)(1)(B) by striking ``paragraph (1)''
and inserting ``subparagraph (A)''.

[[Page S3334]]

SEC. 14. TARGETING ORGANIZED HUMAN TRAFFICKING PERPETRATORS.

Section 521(c) of title 18, United States Code, is
amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) by redesignating paragraph (3) as paragraph (4);
(3) by inserting after paragraph (2) the following:
``(3) a Federal offense involving human trafficking, sexual
abuse, sexual exploitation, or transportation for
prostitution or any illegal sexual activity; and''; and
(4) in paragraph (4), as so redesignated, by striking ``(1)
or (2)'' and inserting ``(1), (2), or (3)''.

SEC. 15. INVESTIGATING COMPLEX HUMAN TRAFFICKING NETWORKS.

Section 2516 of title 18, United States Code, is amended--
(1) in paragraph (1)(c)--
(A) by inserting ``section 1582 (vessels for slave trade),
section 1583 (enticement into slavery),'' after ``section
1581 (peonage),''; and
(B) by inserting ``section 1585 (seizure, detention,
transportation or sale of slaves), section 1586 (service on
vessels in slave trade), section 1587 (possession of slaves
aboard vessel), section 1588 (transportation of slaves from
United States),'' after ``section 1584 (involuntary
servitude),''; and
(2) in paragraph (2)--
(A) by striking ``kidnapping human'' and inserting
``kidnapping, human''; and
(B) by striking ``production, ,'' and inserting
``production, prostitution,''.

SEC. 16. COMBATING SEX TOURISM.

Section 2423 of title 18, United States Code, is amended--
(1) in subsection (b), by striking ``for the purpose'' and
inserting ``with a motivating purpose''; and
(2) in subsection (d), by striking ``for the purpose of
engaging'' and inserting ``with a motivating purpose of
engaging''.

SEC. 17. HUMAN TRAFFICKING JUSTICE COORDINATORS.

(a) 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--
(1) serving as the legal counsel for the Federal judicial
district on matters relating to human trafficking;
(2) prosecuting, or assisting in the prosecution of, human
trafficking cases;
(3) conducting public outreach and awareness activities
relating to human trafficking;
(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 18 of this Act;
(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
(6) ensuring the collection of restitution for victims 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 this Act.
(b) Department of Justice Coordinator.--Not later than 60
days after the date of enactment of this Act, 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--
(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;
(2) in consultation with survivors of human trafficking,
compiling, conducting, 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--
(A) conduct investigations in human trafficking cases;
(B) address evidentiary issues and other legal issues; and
(C) appropriately assess, respond to, and interact with
victims and witnesses in human trafficking cases, including
in administrative, civil, and criminal judicial proceedings;
and
(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.

SEC. 18. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT HUMAN
TRAFFICKING.

Section 105(d)(7)(Q) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7103(d)(7)(Q)) is amended--
(1) in clause (vi), by striking ``and'' at the end; and
(2) by adding at the end the following:
``(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''.

SEC. 19. ADDITIONAL REPORTING ON CRIME.

Section 237(b) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (28 U.S.C. 534
note) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(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
``(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).''.

SEC. 20. MAKING THE PRESIDENTIAL SURVIVOR COUNCIL PERMANENT.

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).

SEC. 21. STRENGTHENING THE NATIONAL HUMAN TRAFFICKING
HOTLINE.

(a) Reporting Requirement.--Section 105(d)(3) of the
Victims of Trafficking and Violence Protection Act of 2000
(22 U.S.C. 7103(d)(3)) is amended--
(1) by inserting ``and providing an annual report on the
case referrals received from the national human trafficking
hotline by Federal departments and agencies'' after
``international trafficking''; and
(2) by inserting ``and reporting requirements'' after ``Any
data collection procedures''.
(b) Hotline Information.--Section 107(b)(1)(B)(ii) of such
Act (22 U.S.C. 7105(b)(1)(B)(ii)) is amended by adding at the
end the following: ``The number of the national human
trafficking hotline described in this clause shall be posted
in a visible place in all Federal buildings.''.

SEC. 22. ENDING GOVERNMENT PARTNERSHIPS WITH THE COMMERCIAL
SEX INDUSTRY.

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--
(1) has the primary purpose of providing adult
entertainment; and
(2) derives profits from the commercial sex trade.

SEC. 23. STUDY OF HUMAN TRAFFICKING VICTIM PRIVILEGE.

Not later than 1 year after the date of enactment of this
Act, the Judicial Conference of the United States shall--
(1) conduct a study on the necessity and desirability of
amending the Federal Rules of Evidence to establish a Federal
evidentiary privilege for confidential communications between
a victim of human trafficking, regardless of whether the
victim of human trafficking is a party to a legal action, and
a caseworker assisting the victim of human trafficking; and
(2) submit to Congress a report on the study conducted
under paragraph (1).

SEC. 24. UNDERSTANDING THE EFFECTS OF SEVERE FORMS OF
TRAFFICKING IN PERSONS.

(a) In General.--Title VI of the Justice for Victims of
Trafficking Act of 2015 (Public Law 114-22; 129 Stat. 258) is
amended by adding at the end the following:

``SEC. 607. UNDERSTANDING THE PHYSICAL AND PSYCHOLOGICAL
EFFECTS OF SEVERE FORMS OF TRAFFICKING IN
PERSONS.

``(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.
``(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).''.
(b) Table of Contents Amendment.--The table of contents in
section 1(b) of the Justice for Victims of Trafficking Act of
2015 (Public Law 114-22; 129 Stat. 227) is amended by
inserting after the item relating to section 606 the
following:

[[Page S3335]]

``Sec. 607. Understanding the physical and psychological effects of
severe forms of trafficking in persons.''.

SEC. 25. COMBATING TRAFFICKING IN PERSONS.

(a) Trafficking Victims Prevention Act of 2000 Programs.--
Section 113 of the Trafficking Victims Prevention Act of 2000
(22 U.S.C. 7110) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``2014 through 2017'' and
inserting ``2018 through 2022.''; and
(B) in paragraph (2), by striking ``2014 through 2017'' and
inserting ``2018 through 2022''; and
(2) in subsection (i), by striking ``2014 through 2017''
and inserting ``2018 through 2022''.
(b) 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 (42 U.S.C. 14044a) is
amended to read as such section read on March 6, 2017.
(B) Conforming amendment.--Section 1241(b) of the Violence
Against Women Reauthorization Act of 2013 (42 U.S.C. 14004a
note) is repealed.
(2) Effective date.--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 to read as follows:
``(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.''.

SEC. 26. GRANT ACCOUNTABILITY.

(a) Definitions.--In this section--
(1) the term ``covered agency'' means an agency authorized
to award grants under this Act;
(2) the term ``covered grant'' means a grant authorized to
be awarded under this Act; and
(3) the term ``covered official'' means the head of a
covered agency.
(b) Accountability.--All covered grants shall be subject to
the following accountability provisions:
(1) Audit requirement.--
(A) Definition.--In this paragraph, the term ``unresolved
audit finding'' means a finding in the final audit report of
the Inspector General of a covered agency that the audited
grantee has utilized funds under a covered grant for an
unauthorized expenditure or otherwise unallowable cost that
is not closed or resolved within 12 months from the date when
the final audit report is issued.
(B) Audits.--Beginning in the first fiscal year beginning
after the date of enactment of this Act, and in each fiscal
year thereafter, the Inspector General of a covered agency
shall conduct audits of recipients of covered grants to
prevent waste, fraud, and abuse of funds by grantees. The
Inspector General shall determine the appropriate number of
grantees to be audited each year.
(C) Mandatory exclusion.--A recipient of funds under a
covered grant that is found to have an unresolved audit
finding shall not be eligible to receive funds under a
covered grant during the first 2 fiscal years beginning after
the end of the 12-month period described in subparagraph (A).
(D) Priority.--In awarding covered grants, a covered
official shall give priority to eligible applicants that did
not have an unresolved audit finding during the 3 fiscal
years before submitting an application for the covered grant.
(E) Reimbursement.--If an entity is awarded funds under a
covered grant during the 2-fiscal-year period during which
the entity is barred from receiving covered grants under
subparagraph (C), a covered official shall--
(i) deposit an amount equal to the amount of the grant
funds that were improperly awarded to the grantee into the
General Fund of the Treasury; and
(ii) seek to recoup the costs of the repayment to the fund
from the recipient of the covered grant that was erroneously
awarded grant funds.
(2) Nonprofit organization requirements.--
(A) Definition.--For purposes of this paragraph and each
covered grant program, the term ``nonprofit organization''
means an organization that is described in section 501(c)(3)
of the Internal Revenue Code of 1986 and is exempt from
taxation under section 501(a) of such Code.
(B) Prohibition.--A covered grant may not be awarded to a
nonprofit organization that holds money in offshore accounts
for the purpose of avoiding paying the tax described in
section 511(a) of the Internal Revenue Code of 1986.
(C) Disclosure.--Each nonprofit organization that is
awarded a covered grant and uses the procedures prescribed in
regulations to create a rebuttable presumption of
reasonableness for the compensation of its officers,
directors, trustees, and key employees, shall disclose to the
applicable covered official, in the application for the
covered grant, the process for determining such compensation,
including the independent persons involved in reviewing and
approving such compensation, the comparability data used, and
contemporaneous substantiation of the deliberation and
decision. Upon request, a covered official shall make the
information disclosed under this subparagraph available for
public inspection.
(3) Conference expenditures.--
(A) Limitation.--No amounts made available to a covered
agency to carry out a covered grant program may be used by a
covered official, or by any individual or entity awarded
discretionary funds through a cooperative agreement under a
covered grant program, to host or support any expenditure for
conferences that uses more than $20,000 in funds made
available by the covered agency, unless the covered official
provides prior written authorization that the funds may be
expended to host the conference.
(B) Written approval.--Written approval under subparagraph
(A) shall include a written estimate of all costs associated
with the conference, including the cost of all food,
beverages, audio-visual equipment, honoraria for speakers,
and entertainment.
(C) Report.--
(i) Department of justice.--The Deputy Attorney General
shall submit an annual report to the appropriate committees
of Congress on all conference expenditures approved under
this paragraph.
(ii) Department of health and human services.--The Deputy
Secretary of Health and Human Services shall submit to the
appropriate committees of Congress an annual report on all
conference expenditures approved under this paragraph.
(iii) Department of homeland security.--The Deputy
Secretary of Homeland Security shall submit to the
appropriate committees of Congress an annual report on all
conference expenditures approved under this paragraph.
(4) Annual certification.--Beginning in the first fiscal
year beginning after the date of enactment of this Act, each
covered official shall submit to the appropriate committees
of Congress an annual certification--
(A) indicating whether--
(i) all audits issued by the Office of the Inspector
General of the applicable covered agency under paragraph (1)
have been completed and reviewed by the appropriate official;
(ii) all mandatory exclusions required under paragraph
(1)(C) have been issued; and
(iii) all reimbursements required under paragraph (1)(E)
have been made; and
(B) that includes a list of any recipients of a covered
grant excluded under paragraph (1) from the previous year.
(c) Preventing Duplicative Grants.--
(1) In general.--Before a covered official awards a covered
grant, the covered official shall compare potential awards
under the covered grant program with other covered grants
awarded to determine if duplicate grant awards are awarded
for the same purpose.
(2) Report.--If a covered official awards duplicate covered
grants to the same applicant for the same purpose the covered
official shall submit to the appropriate committees of
Congress a report that includes--
(A) a list of all duplicate covered grants awarded,
including the total dollar amount of any duplicate covered
grants awarded; and
(B) the reason the covered official awarded the duplicate
covered grants.
______

By Mr. GRASSLEY (for himself, Mrs. Feinstein, Mr. Cornyn, Ms.
Klobuchar, Mr. Corker, and Mr. Rubio):
S. 1312. A bill to prioritize the fight against human trafficking in
the United States; to the Committee on the Judiciary.
Mr. GRASSLEY. Mr. President, this week, I am introducing a bill known
as the Trafficking Victims Protection Act of 2017. I want to thank
Senators Feinstein, Cornyn, Klobuchar, Corker and Rubio for joining as
original cosponsors. I also want to thank the many organizations that
support this bill and worked so closely with us on its development;
they include Rights4Girls, Polaris, the ATEST Coalition, Shared Hope
International, the National Center for Missing and Exploited Children,
the National Association of VOCA Assistance Administrators, and the
National District Attorneys Association.
As its title implies, our legislation is aimed at combating the
terrible scourge of human trafficking in the United States. To call
trafficking victims' suffering a grave violation of our most basic
human rights would be an understatement. Trafficking is a life-
shattering crime that too-often goes unnoticed, despite the profound
injury it inflicts on its victims and our society. Traffickers
typically operate in the shadows, making it hard to identify them as
well as their victims. That invisibility makes it harder still to
rescue the victims and bring the perpetrators to justice.
But there are some things we do know about human trafficking, and we
know them with some certainty. We know, for example, that trafficking
is happening in rural areas, in cities, and in the suburbs. It is not
confined to any

[[Page S3336]]

one area, because it has become so profitable. It has become a problem
of national significance.
To be sure, we have made some strides in combating this terrible
crime since the passage of the original Trafficking Victims Protection
Act, or TVPA, over 15 years ago. The TVPA, last reauthorized in 2013,
authorizes some very important programs to help victims. The bill I'm
introducing this week updates and extends a number of these programs,
which are under the jurisdiction of the Departments of Justice and
Labor. Senator Cornyn this week is introducing a complementary bill
that would reauthorize other TVPA programs, including those at the
Departments of Health and Homeland Security.
This is not the first time we have collaborated on this subject. Two
years ago, Senator Cornyn sponsored, and I cosponsored, another
important measure, known as the Justice for Victims of Trafficking Act.
As chair of the Judiciary Committee, I made that 2015 law's passage a
top priority for our Committee and fought for its enactment. It
established a new fund to help cover survivors' services and also
equipped law enforcement with new tools to fight traffickers. The
services authorized under this 2015 statute are crucial to helping
survivors rebuild their lives with dignity.
The bill that I am introducing this week is a critical next step in
ensuring that human trafficking is prevented, its perpetrators
prosecuted, and its victims protected. This bill, drafted with
bipartisan support, would require more training for investigative
personnel at the Departments of Justice and Homeland Security. It also
extends a grant program by which school personnel can receive training
to recognize and respond to signs of trafficking in our educational
system.
This bill also offers increased assistance to prosecutors and law
enforcement agencies in their fight against human trafficking. For
instance, it authorizes the Secret Service to offer investigative and
forensic assistance to other crime fighting agencies. And it updates
key provisions of the Missing Children's Assistance Act, which
authorizes the important work of the National Center for Missing and
Exploited Children. The Center operates a cyber tipline by which
internet service providers can report child sexual abuse.
Additionally, the bill I am introducing signals Congress' continued
support for services available to trafficking victims who cooperate
with federal law enforcement in trafficking investigations.
Specifically, the bill authorizes an Office of Victim Assistance within
the Department of Homeland Security. This office, which is staffed with
specially trained victim assistance personnel, plays a crucial role in
securing victims' cooperation with trafficking investigations.
Finally, this bill would promote the collection of more data on
trafficking, and it would promote increased coordination among the
federal agencies engaged in combating this crime. Meaningful
partnerships at the federal level can help expand awareness, leverage
expertise, and facilitate creative solutions.
In closing, I urge my colleagues to support this important
legislation. Thank you, Mr. President.
Mrs. FEINSTEIN. Mr. President, I am pleased to join Senator Grassley
in introducing the Trafficking Victims' Protection Act of 2017.
Last week, I met with a remarkable group of anti-trafficking
stakeholders in Fresno, California, who reinforced what I have long
held to be true: stamping out the horrific crime of human trafficking
must be among our top priorities as lawmakers. At our meeting, Central
Valley law enforcement, service providers and, most importantly,
survivors of human trafficking educated me about the nature and
prevalence of sex and labor trafficking in the Central Valley. I
learned that counties like Fresno and Tulare serve as key stops along
major California trafficking circuits, with victims as young as 10-
years-old being shipped to Los Angeles, Las Vegas and beyond. I also
learned that in 2016 alone, Fresno Police arrested more than 140 sex
buyers and traffickers. This tells me that the demand for trafficking
is far too high. Central Valley law enforcement and service providers
are working together to reduce this demand, crack down on traffickers,
and better serve victims, through a unique, highly-coordinated and
victim-centered approach that I believe ought to be emulated
nationwide.
Over the past seven years they have teamed up to identify and
critically to provide comprehensive services to nearly 500 trafficking
victims. When Central Valley law enforcement took down a trafficking
ring last year, the ring leader and two of his associates were arrested
and prosecuted, and approximately 50 victims were rescued, including 23
children. These victims were all provided with wraparound services, and
the ring leader was sentenced to 40 years in prison. This is the kind
of coordinated, victim centered work we need to support and replicate
nationwide. The Trafficking Victims' Protection Act of 2017 aims to do
that.
I have now met with law enforcement, service providers and survivors
representing Southern, Central and Northern California. All have made
one thing abundantly clear: lawmakers at all levels of government must
commit whatever time and resources are needed to thwart this horrendous
crime.
Over the past two decades, Congress has taken action to combat human
trafficking. We passed the Trafficking Victims Protection Act of 2000
and, 8 years later, passed the William Wilberforce Trafficking Victims
Protection Reauthorization Act. And two years ago, Congress passed the
Justice for Victims of Human Trafficking Act--a landmark piece of
legislation. The law focuses on reducing demand, rescuing victims,
educating law enforcement and judges, and making sure that trafficking
enterprises are put out of business. But it is clear that our work is
far from done. The human trafficking industry continues to be one of
the biggest criminal enterprises in the world and it is constantly
evolving. The use of the internet to sell children for sex has
escalated dramatically over the past several years.
In my home State, District Attorney Nancy O'Malley and her pioneering
anti-trafficking team identified 47,719 internet users looking to
purchase sex in Alameda County alone during a single month. Many of the
victims posted on these sites are underage. In one survivor study, a
staggering 75% of minor sex trafficking victims reported being bought
or sold online. And last year, the Washington Post reported devastating
accounts about human trafficking is also committed by Islamic State
fighters, who sell young girls over platforms such as Facebook.
The bill that Senator Grassley and I have introduced includes a
provision that would give to law enforcement an additional tool to
prevent human traffickers from accessing the internet and other tech
platforms to sell minors for commercial sex. Under current current law,
it is a criminal offense to advertise commercial sex acts with a minor.
This legislation would add civil injunction authority to the criminal
provision, providing the Department of Justice with a more readily
accessible tool to deny human traffickers access to tech platforms to
commit trafficking crimes. The bill also supports and strengthens
efforts to prevent, detect, and respond to human trafficking crimes.
It allows school resource officers at schools to train school
personnel to recognize and respond to signs of child sex trafficking.
This is important because kids are often recruited at schools. In one
heartbreaking case in Oakland, California, a 12-year-old student with
top grades suddenly changed her normal behavior. She stopped completing
her assignments, became withdrawn, and began wearing provocative
clothing. Eventually, she stopped going to school altogether. Her
parents contacted the school looking for her, but no one was able to
locate her. She was discovered 24 hours later on an online sex
advertisement based out of Los Angeles. This 12-year-old girl had been
groomed by a trafficker--but no one was able to recognize the signs of
exploitation. Teachers and school personnel interact with these kids
every day. They are critical in recognizing which kids are at risk or
are about to become exploited. We need to be sure that they are
familiar with the patterns and practices of human traffickers, and know
how to identify and respond to suspected victims.
In addition to working with Chairman Grassley on the reauthorization

[[Page S3337]]

bill, I am also pleased to cosponsor Senator Cornyn and Senator
Klobuchar's Abolish Human Trafficking Act of 2017. One of the most
important provisions of this bill is the mandatory designation of at
least one Human Trafficking Justice Coordinator in each United States
Attorney's Office. This is critical to ensure that our judicial system
treats human trafficking offenses with the seriousness they deserve.
Among other responsibilities, this Coordinator will be responsible for
assisting in the prosecution of human trafficking cases. This includes
the prosecution of those who solicit minors for commercial sex, a
change in the law that was enacted in the Justice for Victims of
Trafficking Act.
In 2015, former United States Attorney Eileen Decker conducted one of
the first federal prosecutions of a buyer under this new statute. The
buyer, a 59-year-old man from Torrance, admitted to lying to federal
prosecutors about his conduct with a 16-year-old girl he met online and
hired for commercial sex acts. He was sentenced to 57 months in prison.
Former United States Attorney Decker remarked that this case should
serve as a warning to adults who engage in this type of criminal
conduct.
It is critical that such prosecutions continue. Stemming the abuse
and exploitation of trafficking requires confronting not only the
predatory suppliers, but also those who solicit young girls for
commercial sex. The designation of a Human Trafficking Justice
Coordinator would ensure that those who violate human trafficking
offenses, both buyers and sellers, are prosecuted to the fullest extent
of the law. The Human Justice Trafficking Coordinator would also be
responsible for ensuring the collection of restitution for victims.
Restitution for trafficking victims is mandatory under federal law.
Moreover, the Justice for Victims of Trafficking Act requires the
Justice Department to train prosecutors to seek restitution for
trafficking victims, regardless of whether the victim requests
restitution. Yet, we continue to see our judicial system failing to do
right by victims. In a 2015 law review article, the Human Trafficking
Pro Bono Legal Center reported on the appallingly low rates of
restitution orders in human trafficking prosecutions. In a study of
federal human trafficking cases brought over a four period, federal
courts failed to order restitution in nearly two-thirds of cases
involving sex trafficking offenses. And shockingly, they found that the
victims least likely to obtain restitution orders were children
trafficked in the sex industry. Less than one in three defendants who
commit sex trafficking offenses against children were ordered to pay
restitution to their victims. This is unacceptable.
Furthermore, even if restitution is ordered against a trafficker,
restitution itself is not being effectively collected. In response the
requests from the Judiciary Committee, the Attorney General included
restitution order and collection data in the Department of Justice's
report on trafficking for fiscal year 2015. Of the $4,268,358 ordered
in restitution in 2015, only $987 was collected.
While we may not expect to see full restitution collected in the year
it is ordered, it is shocking that the total restitution collected is
less than 1% of what was ordered.
That is why we have tried to include additional restitution
provisions in the bill to better support victims. For example, there is
an additional provision in the bill to update the Combat Human
Trafficking Act of 2015, a bill that I authored with Senator Portman.
That bill mandated extensive training on restitution for prosecutors
and judges. It is our hope that with these updates--and with the recent
enactment of the Justice for All Reauthorization Act of 2016 to make
sure that prosecutors are held accountable in seeking restitution--
victims will be better supported going forward. I am hopeful that we
will be able to pass these bipartisan bills this Congress. I urge my
colleagues in this body to support the passage of this important,
comprehensive legislation to protect trafficking victims.
______

By Mr. CASSIDY (for himself, Mrs. Gillibrand, and Mrs. Capito):
S. 1313. A bill to reauthorize the National Flood Insurance Program,
and for other purposes; to the Committee on Banking, Housing, and Urban
Affairs.
Mrs. GILLIBRAND. Mr. President, I thank the senior Senator from
Louisiana for working with me on the flood insurance bill that we are
introducing today. This issue is so important to both of our States
because both of our States have experienced enormous levels of flooding
every year due to extreme weather.
In New York, after Superstorm Sandy hit our State, millions of homes
and businesses were damaged by flooding that occurred. My colleague
from Louisiana could go on and on and will tell you about flood damage
his own constituents have had to endure, so it should be clear to
everyone here that it is not a partisan issue.
Flooding can happen anywhere, in any State, from the Northeast to the
gulf coast and everywhere else. Protecting our communities from the
devastation that comes from flooding should be one of our highest
priorities in this Chamber.
Unfortunately, the National Flood Insurance Program has not been
doing its job very well. Too many families who have had their
properties damaged in a flood or even destroyed in a flood have paid
their flood insurance premiums year after year only to find out there
was some loophole that prevented them from getting the coverage they
need. We cannot turn our backs and allow this to keep happening.
The bipartisan bill I have written with the Senator from Louisiana
would ensure that flood insurance is more affordable for homeowners. It
would make sure the Flood Insurance Program is no longer riddled with
loopholes that leave our homeowners stranded and fighting with
insurance companies on their own, all while trying to recover and
rebuild from the flood damage. It would finally give homeowners the
peace of mind that flood insurance rates will actually be affordable so
that low- and moderate-income homeowners are not priced out of their
homes because of extreme rate increases.
Our bill would also fund more projects to protect homes and
communities from flood risk in the first place. Our bill would more
than double the amount of funding a homeowner can receive for raising
the elevation of their home, which is a proven way to protect against
floods in certain areas, and it would provide more funding for FEMA's
flood mitigation program. Those funds are used by States and local
communities to plan and carry out projects that help manage flood risk
to homes and other structures.
After Superstorm Sandy hit New York, too many families in my State
experienced what amounted to a disaster after that disaster. They
encountered engineering fraud. They had to deal with excessive delays
and widespread underpayment of claims. This was shameful and totally
unacceptable, especially for a program specifically designed to help
people in their greatest time of need. So I am particularly pleased
that this bill would fix some of the fundamental flaws in the National
Flood Insurance Program's claims and appeals process that harmed so
many of my constituents.
Our bill would prohibit engineering reports from being altered by
anyone other than the person who inspected the home. That was one of
the main causes of fraud for many homeowners in my State. It would
require FEMA to have more direct oversight over the litigation costs
and engineering costs that are billed to the government. It would
repeal the onerous earth movement exemption, which too often has been
used to deny flood claims to families who desperately need the payments
after a flood.
Our bill also would ensure that engineers and insurance companies are
not shielded from legal liability when they do commit fraud, which,
unfortunately, was much more common than anyone would even think.
The Flood Insurance Program expires on September 30 of this year, and
it is absolutely vital that we reauthorize it with strong reforms that
protect homeowners. We need to do everything we can to ensure that the
Flood Insurance Program is affordable, sustainable, transparent, and
accountable. This is our chance to do that now.

[[Page S3338]]

This is a good bipartisan bill, and I urge all of my colleagues on
both sides of the aisle to join us in making these important reforms to
the National Flood Insurance Program.
I yield the floor now to my colleague from Louisiana.
Mr. CASSIDY. Mr. President, I thank my colleague from New York for
yielding, as well as for the tremendous work she and our staffs have
done together on the Flood Insurance Affordability and Sustainability
Act of 2017.
There is a capriciousness of flooding which makes the National Flood
Insurance Program so important. You can have a mountaintop village next
to a dry gulch. If there is a sudden flash flood, folks who have lived
there 100 years suddenly find their 100-year-old homes destroyed. The
NFIP helps rebuild the lives of those who are so affected.
The Flood Insurance Program is critical, not just to that mountaintop
village but, by extension, our entire country. The economic impact of
flooding extends far beyond real estate transactions to the fundamental
vitality of communities and the workforce that operates our ports,
develops and refines our domestic energy, and produces our seafood and
agriculture for global consumption. It just makes sense.
Most towns started on the coast and on riverways because that is how
goods were transported, and the history of these waterside communities
is what makes them, one, economically vital, but, two, also makes them
susceptible to flooding. I will note that the Presiding Officer's State
of Pennsylvania, I believe, has among the most incidents of flooding in
our country--principally because there are so many riverine systems.
There is a valley with a river. If the water rises quickly, that
riverside community is flooded. Look at my State of Louisiana. It
relies on an accessible and affordable flood insurance program, but
that benefits the country.
Louisiana is the No. 1 producer of offshore oil and gas, producing
over 15 percent of our Nation's domestic energy supply. That is 15
percent of our Nation's domestic energy supply. It is home to the
second largest refining capacity in petrochemical industry. The Gulf of
Mexico is home to 11 of the top 20 U.S. ports by cargo volume, and we
have one of the largest seafood industries in the world. After
Hurricane Katrina, when our port facilities were affected and the
farmers in the Upper Missouri suddenly could not get their crop to
international markets, it shows the importance of our ports for our
entire economy.
The National Flood Insurance Program allows folks in my State to
participate in a working coast that gets that energy inland and gets
those products in the international market, and this is what provides
the value-added contribution to our domestic economy. Since the
creation of the National Flood Insurance Program, people in Louisiana
paid over $5 billion in flood insurance premiums, but, unfortunately,
we have suffered some of the greatest losses after Hurricanes Katrina,
Rita, Gustov, Isaac, and the flooding of the great Louisiana floods of
last March and August.
While the NFIP has a deficit of $24 billion--according to FEMA's
premium and payout data--the NFIP would have had a surplus if we remove
the 2005 loss year, including the losses incurred after Superstorm
Sandy. I will also note that New Orleans flooded because federally
built floodwalls designed to protect those businesses and families were
constructed in a faulty way. This has been recognized, and their
failure is what led to the expense. I am not here to say that NFIP
doesn't need reforms--it needs reforms--but to underscore the fact that
the program has worked for many years despite its failings. We need to
reauthorize the NFIP and use the opportunity to improve the program,
make it more affordable, transferring more risk to the private sector
at a lower cost, increase investment mitigation, modernizing flood
mapping to produce greater accuracy, and improve the transparency and
accountability of all the participants that operate and administer the
program.
There are a number of constituencies interested in long-term
reauthorization of NFIP. Senator Gillibrand and I know that the issue
of flooding crosses party and geographical lines. We wanted to set the
right bipartisan tone as Congress begins to debate the issue by
introducing our bill, the Flood Insurance Affordability and
Sustainability Act. We hope the legislation will contribute to the
ongoing discussion and work the committees of jurisdiction are
conducting as we move toward reauthorization of the NFIP and with the
needed reforms that enhance affordability and sustainability of the
program.
Senator Gillibrand and her staff are passionate advocates for an
affordable and sustainable flood insurance program. I am glad to work
with her on this issue. We have listened to many stakeholders: bankers,
realtors, homebuilders, flood plain managers, insurers, reinsurers,
mapping experts, local government officials, financial experts and,
most importantly, homeowners who work on our working coast and who have
so much invested in making sure they can live and raise their families
in a way which has protection from the capriciousness of flooding.
I thank my colleague from New York, as well as Senator Capito, for
her contribution to this legislation and process.
______

By Mr. KAINE (for himself and Mr. WARNER):
S. 1314. A bill to amend the Natural Gas Act to bolster fairness and
transparency in consideration of interstate natural gas pipelines, to
provide for greater public input opportunities, and for other purposes;
to the Committee on Commerce, Science, and Transportation.
Mr. KAINE. Mr. President. Today I am introducing a bipartisan bill to
make the process of siting natural gas pipelines fairer and more
transparent.
For some time now, I have been listening to Virginians with
passionate views on the proposed Atlantic Coast and Mountain Valley
Pipelines. For various reasons, many oppose one or both of these
projects, while others support these projects. The Federal Energy
Regulatory Commission, FERC, is tasked with analyzing all the issues--
purpose and need for a project, impacts on 2 'people living on the
route, potential risks to the environment or property--and deciding
what course best serves the public interest.
From listening to all sides, I have concluded that while reasonable
people may reach different conclusions, FERC's public input process is
flawed and could be better. Accordingly, this legislation proposes
several steps to address several shortcomings, all of which were
originally brought to my attention by Virginia constituents. For
instance, this bill requires programmatic analysis of pipelines
proposed around the same time and in the same geographic vicinity so
that the full impacts of multiple projects can be analyzed. It requires
a greater number of public comment meetings so that citizens are not
required to commute long distances to meetings at which they must speed
through just a few minutes of remarks on these complex topics. And it
clarifies the circumstances under which eminent domain should and
should not be used.
I am pleased to be joined by my colleague Senator Mark Warner on this
bill, and our Virginia Republican colleague Representative Morgan
Griffith is preparing a similar bill in the House of Representatives.
While our views may differ on many aspects of energy policy, we can all
agree that the public deserves reasonable opportunity to weigh in on
energy infrastructure projects and that this process can be fairer and
more transparent without mandating a particular outcome.
I encourage the Senate to consider this legislation, not to pave the
way for pipelines nor to throw up insurmountable roadblocks to them--
but to give the public greater certainty that the federal government's
infrastructure decisions are fair and transparent.

____________________