[Congressional Record Volume 163, Number 97 (Wednesday, June 7, 2017)]
[Senate]
[Pages S3335-S3337]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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.
                                 ______