Library / Laws / 113th / hr / H.R. 898 / Introduced in House
I
113th CONGRESS
1st Session
H. R. 898
IN THE HOUSE OF REPRESENTATIVES
February 28, 2013
Mr. Smith of New
Jersey (for himself and Mr.
Lipinski) introduced the following bill; which was referred to the
Committee on Foreign
Affairs, and in addition to the Committees on the
Judiciary,
Ways and Means, and
Energy and Commerce, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To authorize appropriations for fiscal years 2014 through
2017 for the Trafficking Victims Protection Act of 2000, and for other
purposes.
1.
Short title and table of
contents
(a)
Short
title
This Act may be cited as the Trafficking Victims Protection Reauthorization Act of
2013.
(b)
Table of
contents
The table of contents for this Act is as follows:
Sec. 1. Short title and table of contents.
Title I—Combating international trafficking in
persons
Sec. 101. Authority to restrict passports.
Sec. 102. Office To Monitor and Combat Modern Slavery and Other
Forms of Human Trafficking.
Sec. 103. Prevention of child marriage.
Sec. 104. Prevention of trafficking.
Sec. 105. Minimum standards for the elimination of
trafficking.
Sec. 106. Reports to Congress.
Sec. 107. Temporary increase in fee for certain consular
services.
Sec. 108. Additional activities to monitor and combat forced
labor and child labor.
Sec. 109. Additional activities of the Department of
State.
Sec. 110. Enhancing protection for children exploited abroad by
United States citizens and permanent resident aliens.
Sec. 111. Report on Internet-facilitated human
trafficking.
Title II—Combating trafficking in persons in the United
States
Subtitle A—Amendments to the Trafficking Victims Protection
Act of 2000
Sec. 201. Interagency Task Force To Monitor and Combat
Trafficking.
Sec. 202. Ensuring timely response to requests for continued
presence.
Sec. 203. Report to Congress.
Subtitle B—Amendments to title 18, United States
Code
Sec. 211. Renaming of basic Federal trafficking
statute.
Sec. 212. Clarifying trafficking definitions and
prosecution.
Sec. 213. Fighting sex tourism.
Sec. 214. Identification documents.
Sec. 215. Fraud in foreign labor contracting as a Rico
Predicate.
Subtitle C—Amendments to other laws
Sec. 221. Domestic minor sex trafficking deterrence and victims
support.
Sec. 222. Enhancing efforts to combat the trafficking of
children.
Sec. 223. Improving local efforts to combat trafficking and
sexual exploitation of children.
Sec. 224. Efforts to publicize the National Human Trafficking
Resource Center hotline.
Title III—Authorization of appropriations
Sec. 301. Trafficking Victims Protection Act of
2000.
Sec. 302. Trafficking Victims Protection Reauthorization Act of
2005.
Sec. 303. Eligibility for assistance.
Sec. 304. Reporting requirement.
I
Combating
international trafficking in persons
101.
Authority to
restrict passports
(a)
In
general
The Secretary of State is authorized to—
(1) limit to 1 year or
such period of time as the Secretary of State shall determine appropriate the
period of validity of a passport issued to a sex offender; and
(2) revoke the
passport or passport card of an individual who has been convicted by a court of
competent jurisdiction in a foreign country of a sex offense.
(b)
Limitation for
return to United States
Notwithstanding subsection (a), in no
case shall a United States citizen convicted by a court of competent
jurisdiction in a foreign country of a sex offense be precluded from entering
the United States due to a passport revocation under such subsection.
(c)
Reapplication
An
individual whose passport or passport card was revoked pursuant to subsection
(a)(2) may reapply for a passport or passport card at any time after such
individual has returned to the United States.
(d)
Definitions
For
purposes of this section:
(1)
Sex
Offender
The term sex offender means an individual
who is listed on the National Sex Offender Registry established pursuant to
section 119 of the Sex Offender Registration and Notification Act (42 U.S.C.
16915).
(2)
Sex
Offense
The term sex offense means a sex offense as
defined in section 111(5) of the Sex Offender Registration and Notification Act
(42 U.S.C. 16915).
102.
Office To
Monitor and Combat Modern Slavery and Other Forms of Human Trafficking
(a)
In
general
Section 105(e) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(e)) is
amended—
(1) in the heading, by striking
office to monitor and
combat trafficking and inserting
Bureau To monitor and
combat modern slavery and Other forms of human
trafficking;
(2) in paragraph
(1)—
(A) in the first
sentence, by striking Office to Monitor and Combat Trafficking
and inserting Bureau To Monitor and Combat Modern Slavery and Other
Forms of Human Trafficking;
(B) in the second sentence, by striking
Office and inserting Bureau; and
(C) in the sixth
sentence, by striking Office and inserting
Bureau; and
(3) in paragraph (2)(B), by striking
Office to Monitor and Combat Trafficking and inserting
Bureau To Monitor and Combat Modern Slavery and Other Forms of Human
Trafficking.
(b)
Conforming
amendments
Any reference in
the Trafficking Victims Protection Act of 2000 or in any other Act to the
Office to Monitor and Combat Trafficking shall be deemed to be a reference to
the Bureau to Monitor and Combat Modern Slavery and Other Forms of Human
Trafficking.
103.
Prevention of
child marriage
(a)
In
general
Section 106 of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7104) is amended by adding at the end the following:
(j)
Prevention of
child trafficking through child marriage
The Secretary of State
shall establish and implement a multi-year, multi-sectoral strategy—
(1) to prevent child
marriage;
(2) to promote the
protection and empowerment of girls at risk of child marriage in developing
countries;
(3) that targets areas
in developing countries with high prevalence of child marriage; and
(4) that includes
diplomatic and programmatic
initiatives.
.
(b)
Inclusion of
child marriage status in reports
The Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.) is amended—
(1) in section 116 (22
U.S.C. 2151n), by adding at the end the following:
(g)
Child marriage
status
(1)
In
general
The report required under subsection (d) shall include,
for each country in which child marriage is prevalent, a description of the
status of the practice of child marriage in such country.
(2)
Defined
term
In this subsection, the term child marriage
means the marriage of a girl or boy who is—
(A) younger than the
minimum age for marriage under the laws of the country in which such girl or
boy is a resident; or
(B) younger than 18
years of age, if no such law exists.
;
and
(2) in section 502B
(22 U.S.C. 2304), by adding at the end the following:
(j)
Child marriage
status
(1)
In
general
The report required under subsection (b) shall include,
for each country in which child marriage is prevalent, a description of the
status of the practice of child marriage in such country.
(2)
Defined
term
In this subsection, the term child marriage
means the marriage of a girl or boy who is—
(A) younger than the
minimum age for marriage under the laws of the country in which such girl or
boy is a resident; or
(B) younger than 18
years of age, if no such law
exists.
.
104.
Prevention of
trafficking
(a)
Economic
alternatives To prevent and deter trafficking
Section 106(a) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7104(a)) is amended—
(1) by striking
The President and inserting the following:
(1)
In
general
The
President
;
(2) in paragraph (1)
(as redesignated), by inserting targeted after carry
out;
(3) by striking
Such initiatives and inserting the following:
(2)
Initiatives
Such
initiatives
.
(4) by redesignating
paragraphs (1) through (5) that follow paragraph (2) (as redesignated) as
subparagraphs (A) through (E), respectively, and indenting each such
subparagraph (as redesignated) four ems from the left margin;
(5) in paragraph (2)
(as redesignated)—
(A) in subparagraph
(A) (as redesignated), by inserting and micro-enterprise after
microcredit;
(B) in subparagraph
(D) (as redesignated), by striking and at the end;
(C) in subparagraph
(E) (as redesignated), by striking the period at the end and inserting ;
and; and
(D) by adding at the
end the following:
(F) public-private partnerships to generate
youth employment opportunities.
;
and
(6) by adding at the
end the following:
(3)
Priority for
potential victims of trafficking
In carrying out such initiatives, the
President may give priority to the following persons who are potential victims
of trafficking:
(A) Stateless persons.
(B) Refugees and
internally displaced persons.
(C) Persons who lack
access to legal representation or are otherwise marginalized.
(D) Persons from
regions of limited social protections or educational or economic options for
women, particularly persons who are victims of sexual abuse or
exploitation.
(E) Persons from
regions of high undocumented migration or displacement resulting from violent
conflict or natural disasters.
(F) Persons from
regions with high rates of child labor, child abandonment, or child sex
tourism.
(G) Persons who meet
one or more of the criteria in subparagraphs (A) through
(F).
.
(b)
Prevention of
trafficking in conjunction with post-Conflict and humanitarian emergency
assistance
Section 106(h) of
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(h)) is
amended—
(1) by striking
The and inserting the following:
(1)
Incorporation of
measures into existing programs
The
;
and
(2) by adding at the
end the following:
(2)
Authorization of
assistance to specifically address post-conflict and humanitarian
emergencies
The Secretary of
State, acting through the Ambassador-at-Large for Combating Human Trafficking,
is authorized to provide assistance on an urgent basis for vulnerable
populations at risk of severe forms of trafficking in persons in conjunction
with post-conflict situations and humanitarian
emergencies.
.
105.
Minimum
standards for the elimination of trafficking
Section 108(b) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7106(b)) is amended—
(1) in paragraph
(3)—
(A) by striking
peacekeeping and inserting diplomatic,
peacekeeping,;
(B) by striking
, and measures and inserting , a transparent system for
remediating or punishing such public officials as a deterrent,
measures; and
(C) by inserting
and effective policies or laws regulating foreign labor recruiters and
holding them civilly and criminally liable for fraudulent recruiting
before the period at the end; and
(2) in paragraph
(7)—
(A) by inserting
, including diplomats and soldiers, after public
officials;
(B) by striking
peacekeeping and inserting diplomatic,
peacekeeping,; and
(C) by inserting
A government’s failure to appropriately address public allegations
against such public officials, especially once such officials have returned to
their home countries, shall be considered inaction under these
criteria. after such trafficking..
106.
Reports to
Congress
Section 110(b) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) is
amended—
(1) in paragraph
(1)—
(A) in the matter
preceding subparagraph (A), by inserting , acting through the
Ambassador-at-Large for Combating Human Trafficking, after
Secretary of State;
(B) in subparagraph (E), by striking
and at the end;
(C) by redesignating
subparagraph (F) as subparagraph (I); and
(D) by inserting after
subparagraph (E) the following:
(F) a section entitled Best Practices in
Slavery Eradication to highlight innovations in prevention, protection,
and prosecution of the perpetrators of trafficking , as well as public-private
partnerships;
(G) a section entitled
Refugee-Trafficking Connection to highlight the vulnerability of
refugee populations to human trafficking and to make recommendations for the
prevention of refugee trafficking;
(H) an assessment of the actions taken by the
Department of State and the Department of Justice to investigate allegations of
trafficking or abuse of nonimmigrants holding an A–3 visa or a G–5 visa (as
such terms are defined in section 203(f) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008), results of such
investigations; and
;
and
(2) in paragraph (2), by inserting ,
acting through the Ambassador-at-Large for Combating Human Trafficking,
after Secretary of State.
107.
Temporary
increase in fee for certain consular services
Section 239(c) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1351 note)
is amended by striking the date that is 3 years after the first date on
which such increased fee is collected and inserting September
30, 2017.
108.
Additional
activities to monitor and combat forced labor and child labor
Section 105(b) of the Trafficking Victims
Protection Reauthorization Act of 2005 (22 U.S.C. 7112(b)) is amended—
(1) in paragraph (1),
by inserting and the United States after foreign
countries; and
(2) in paragraph
(2)(C)—
(A) by inserting
and Congress after public; and
(B) by inserting
, including the United States, after
countries.
109.
Additional
activities of the Department of State
Section 105 of the Trafficking Victims
Protection Reauthorization Act of 2005 (22 U.S.C. 7112) is amended by adding at
the end the following:
(c)
Additional
activities of the Department of State
(1)
Short
title
This subsection may be
cited as the Business Transparency on Trafficking and Slavery
Act.
(2)
Disclosure
The Secretary of State, acting through the
Ambassador-at-Large for Combating Human Trafficking, shall encourage any person
described in paragraph (3)(B) to disclose on an annual basis on the person’s
website and to the Secretary of State any measures such person has taken during
the year to identify and address conditions of forced labor, slavery, human
trafficking, and the worst forms of child labor within such person’s supply
chains. Such disclosure should include the following information under a
heading Policies to Address Forced Labor, Slavery, Human Trafficking and
the Worst Forms of Child Labor describing to what extent, if any, the
person conducts any of the following activities:
(A) Maintains a policy
to identify and eliminate risks of forced labor, slavery, human trafficking,
and the worst forms of child labor within its supply chain. If the person
maintains such a policy, the disclosure should include the text of the policy
or a substantive description of the elements of the policy.
(B) Maintains a policy
prohibiting the use of the person’s corporate products, facilities, or services
to obtain or maintain someone under conditions of forced labor, slavery, human
trafficking, and the worst forms of child labor.
(C) Engages in
verification of product supply chains to evaluate and address risks of forced
labor, slavery, human trafficking and the worst forms of child labor. The
disclosure should—
(i) describe the
greatest risks identified within the supply chain, and the measures taken
toward eliminating those risks;
(ii) specify whether
the verification was or was not conducted by a third party; and
(iii) specify whether
the verification process includes consultations with independent unions,
workers’ associations, or workers within workplaces and incorporates the
resulting certification or written comments from such independent union,
workers’ associations, or workers.
(D) Ensures that
audits of suppliers are conducted to evaluate supplier compliance with the
person’s company standards for eliminating forced labor, slavery, human
trafficking, and the worst forms of child labor in supply chains. The
disclosure should specify if the verification was not an independent,
unannounced audit.
(E) Assesses supply
chain management and procurement systems of suppliers in the person’s supply
chain, to verify whether said suppliers have in place appropriate systems to
identify risks of forced labor, slavery, human trafficking, and the worst forms
of child labor within their own supply chain.
(F) Requires suppliers
in its supply chain to certify that materials incorporated into the product
comply with the laws regarding forced labor, slavery, human trafficking, and
the worst forms of child labor of the country or countries in which they are
doing business.
(G) Maintains internal
accountability standards, supply chain management and procurement systems, and
procedures for employees or contractors failing to meet the person’s company
standards regarding forced labor, slavery, human trafficking, and the worst
forms of child labor. The disclosure should describe such standards and
systems.
(H) Provides the
person’s employees and management who have direct responsibility for supply
chain management, training on forced labor, slavery, human trafficking and the
worst forms of child labor, particularly with respect to mitigating risks
within the supply chains of products.
(I) Ensures that
recruitment practices at all suppliers comply with the person’s company
standards for eliminating exploitive labor practices that contribute to forced
labor, slavery, human trafficking, and the worst forms of child labor,
including by conducting audits of labor recruiters and disclosing the results
of such audits.
(J) In cases where
forced labor, slavery, human trafficking, and the worst forms of child labor
have been identified within the supply chain, ensures that remediation is
provided to those who have been identified as victims.
(3)
Definitions
In
this subsection—
(A) the term
forced labor, slavery, human trafficking and the worst forms of child
labor means child labor in violation of international standards
including International Labor Organization Convention No. 182 and acts that
would violate the criminal provisions related to slavery and human trafficking
under chapter 77 of title 18 if they had been committed within the jurisdiction
of the United States;
(B) the term
person means any publicly traded or private entity wherever
located, carrying out business operations in the United States, and having
annual worldwide global receipts in excess of $100,000,000;
(C) the term
remediation means the activities or systems that a company puts
in place to address non-compliance with the standards identified through
monitoring or verification, which may apply to individuals adversely affected
by the non-compliant conduct or address broader systematic processes;
(D) the term
supply chain, with respect to a person making the disclosure
described in subsection (a), means all suppliers of products, component parts
of products, and raw materials used by such person in the manufacturing of such
person’s products or the provision of such person’s services, whether or not
such person has a direct relationship with the supplier; and
(E) the term
verification means the process by which a company is evaluated
to determine compliance with its documented program, including standards on
forced labor, slavery, human trafficking, and the worst forms of child labor,
including an evaluation of—
(i) data gathered
through monitoring activities to ensure results are reliable and process is
credible; and
(ii) the system
established to remediate violations to determine if remediation is implemented
and
effective.
.
110.
Enhancing
protection for children exploited abroad by United States citizens and
permanent resident aliens
Section 2423 of title 18, United States
Code, is amended—
(1) in subsection
(c)—
(A) by inserting
or engages in travel affecting before foreign
commerce; and
(B) by inserting
(even if residing, whether temporarily or permanently, in a foreign
jurisdiction) after foreign commerce; and
(2) by inserting after
subsection (g) the following:
(h)
Non-Defenses
It
is not a defense to a prosecution under subsection (c), based on illicit sexual
conduct, that the defendant is not criminally liable or is subject to reduced
criminal liability due to the de jure or de facto acceptance of the illicit
conduct in the foreign jurisdiction in which the defendant travels or
resides.
.
111.
Report on
Internet-facilitated human trafficking
(a)
In
general
Not later than
January 1, 2013, the Senior Policy Operating Group, in coordination with the
Office to Combat Modern Slavery and Other Forms of Human Trafficking of the
Department of State, shall submit to Congress a report on Internet-facilitated
human trafficking.
(b)
Matters To be
included
The report shall
include the following:
(1) Statistics and trends relating to
Internet-facilitated human trafficking cases over the last 10 years. To the
extent possible, the statistics and trends should be broken down by Federal
department and agency handling each case.
(2) Factors that
impact the prevalence of Internet-facilitated trafficking, such as geography,
season, and large events.
(3) Specific
challenges faced by Federal departments and agencies in preventing
Internet-facilitated trafficking and prosecuting offenders.
(4) Proposals to
assist the Federal Government to prevent Internet-facilitated human
trafficking. In drafting the proposals, the Senior Policy Operating Group
should examine—
(A) adoption of
cutting-edge technology;
(B) collaboration
between the private and public sectors;
(C) enforcement of
current laws;
(D) improved
information gathering and interdepartmental collaboration; and
(E) development of new
laws and policies.
(c)
Consultation
In preparing the report, the Senior Policy
Operating Group should consult with local law enforcement and private-sector
and non-profit agencies that have demonstrated a commitment to ending
Internet-facilitated human trafficking.
(d)
Definitions
In
this section—
(1) the term
Internet-facilitated human trafficking means the use of the
Internet to engage in severe forms of trafficking in persons;
(2) the term
Senior Policy Operating Group means the Senior Policy Operating
Group—
(A) established under
section 105(f) of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7103(f)); and
(B) chaired by the Ambassador-at-Large for
Combating Human Trafficking; and
(3) the term severe forms of trafficking
in persons has the meaning given such term in section 103(8) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(8)).
II
Combating
trafficking in persons in the United States
A
Amendments to the
Trafficking Victims Protection Act of 2000
201.
Interagency
Task Force To Monitor and Combat Trafficking
(a)
Appointment
Section 105(b) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7103(b)) is amended by inserting after
Education, the following: the Director of the Peace
Corps,.
(b)
Reporting
requirements for the Attorney General
Section 105(d)(7) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is
amended—
(1) by redesignating
subparagraphs (D) through (J) as subparagraphs (I) through (O);
(2) by striking
subparagraphs (B) and (C) and inserting the following:
(B) the number of
persons who have been granted continued presence in the United States under
section 107(c)(3) during the preceding fiscal year and the mean and median time
taken to adjudicate applications submitted under such section, including the
time from the receipt of an application by law enforcement to the issuance of
continued presence, and a description of any efforts being taken to reduce the
adjudication and processing time while ensuring the safe and competent
processing of the applications;
(C) the number of
persons who have applied for, been granted, or been denied a visa or otherwise
provided status under subparagraph (T)(i) or (U)(i) of section 101(a)(15) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) during the preceding
fiscal year;
(D) the number of
persons who have applied for, been granted, or been denied a visa or status
under clause (ii) of section 101(a)(15)(T) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(T)) during the preceding fiscal year, broken down by
the number of such persons described in subclauses (I), (II), and (III) of such
clause (ii);
(E) the amount of
Federal funds expended in direct benefits paid to individuals described in
subparagraph (D) in conjunction with T visa status;
(F) the number of
persons who have applied for, been granted, or been denied a visa or status
under section 101(a)(15)(U)(i) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(U)(i)) during the preceding fiscal year;
(G) the mean and
median time in which it takes to adjudicate applications submitted under the
provisions of law set forth in subparagraph (C), including the time between the
receipt of an application and the issuance of a visa and work
authorization;
(H) any efforts being
taken to reduce the adjudication and processing time, while ensuring the safe
and competent processing of the
applications;
;
(3) in subparagraph
(N)(iii), as redesignated, by striking and at the end;
(4) in subparagraph
(O), as redesignated, by striking the period at the end and inserting ;
and; and
(5) by adding at the
end the following:
(P) the activities
undertaken by Federal agencies to train appropriate State, tribal, and local
government and law enforcement officials to identify victims of severe forms of
trafficking, including both sex and labor trafficking;
(Q) the activities
undertaken by Federal agencies in cooperation with State, tribal, and local law
enforcement officials to identify, investigate, and prosecute offenses under
sections 1581, 1583, 1584, 1589, 1590, 1592, and 1594 of title 18, United
States Code, or equivalent State offenses, including, in each fiscal
year—
(i) the number, age,
gender, country of origin, and citizenship status of victims identified for
each offense;
(ii) the number of
individuals charged, and the number of individuals convicted, under each
offense;
(iii) the number of
individuals referred for prosecution for State offenses, including offenses
relating to the purchasing of commercial sex acts;
(iv) the number of
victims granted continued presence in the United States under section
107(c)(3); and
(v) the number of
victims granted a visa or otherwise provided status under subparagraph (T)(i)
or (U)(i) of section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)); and
(R) the activities
undertaken by the Department of Justice and the Department of Health and Human
Services to meet the specific needs of minor victims of domestic trafficking,
including actions taken pursuant to subsection (f) and section 202(a) of the
Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C.
14044(a)), and the steps taken to increase cooperation among Federal agencies
to ensure the effective and efficient use of programs for which the victims are
eligible.
.
(c)
Report on
activities of government contractors and subcontractors
Section 105(d)(7) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is amended—
(1) in subparagraph
(M)(iii), as redesignated by subsection (b), by striking the semicolon at the
end and inserting the following:
, including
whether—
(I) employee handbooks or handbook equivalents
of such government contractors and subcontractors describe the United States
Government’s zero-tolerance policy regarding trafficking in persons and the
actions, up to and including termination, that the employer will take against
its employees for violations of the zero-tolerance policy; and
(II) any employees of such government
contractors or subcontractors have been disciplined or terminated or prosecuted
for violation of the zero-tolerance
policy;
;
and
(2) in subparagraph
(N)(i), as redesignated by subsection (b), by adding at the end before the
semicolon the following: , including the extent to which Federal
departments and agencies have terminated any contracts of United States
Government’s contractors or subcontractors based on a trafficking in persons
offense and whether any employees of any United States Government’s contractor
or subcontractor have been disciplined, terminated, or prosecuted for violation
of the zero-tolerance policy.
(d)
Report on
activities of Bureau of Justice Assistance
Section 105(d)(7) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)), as amended by subsection
(b) of this section, is further amended—
(1) in subparagraph
(N), as redesignated by subsection (b), by striking and at the
end;
(2) in subparagraph
(O), as redesignated by subsection (b), by striking the period at the end and
inserting ; and; and
(3) by adding the
following:
(K) with regard to grant activities of the
Bureau of Justice Assistance—
(i) for each human
trafficking taskforce whose operations are supported by grants from the
Department of Justice, the number of reports of trafficking, investigations of
trafficking, T- and U-visa certifications requested and granted in connection
with instances of trafficking, requests for continuation of presence under
107(c)(A)(iii) and grants of the same;
(ii) a
description of the data described in clause (i) classified by certain
identifying information of each trafficking victim including sex, age,
citizenship, and whether that individual was the victim of trafficking for
purposes of labor or for commercial sex; and
(iii) an outline of
the content of any existing protocols of the human trafficking taskforce for
reporting trafficking and points of entry into the criminal investigation and
service provision
collaboration.
.
202.
Ensuring timely
response to requests for continued presence
Section 107(c)(3)(A)(i) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7105 (c)(3)(A)(i)) is amended—
(1) by inserting
or may be a victim of a severe form of trafficking before
and may be a potential witness; and
(2) by adding after
the period at the end the following: If a request for continued presence
is made to a Federal law enforcement official, such official shall respond to
the request not later than 15 days after the date on which such request was
made, stating whether the official has filed the application for continued
presence with the Secretary of Homeland Security and, if not, whether the
official expects to do so. Not later than one month after the date on which
such an application is filed, the Secretary of Homeland Security shall approve
or deny that application..
203.
Report to
Congress
Section 110(b) of the
Trafficking Victims Protection Act of 2000 (7107(b)) is amended by adding at
the end the following:
(5)
Additional
reporting requirement
In
addition to the information required in the annual report under paragraph (1)
and the interim report under paragraph (2), the Secretary of State shall
include in each such report a description of efforts of the United States to
comply with minimum standards for the elimination of
trafficking.
.
B
Amendments to
title 18, United States Code
211.
Renaming of
basic Federal trafficking statute
(a)
In
general
The section heading
for section 2422 of title 18, United States Code, is amended by striking
Coercion and
enticement and inserting Sex trafficking and related
offenses.
(b)
Clerical
amendment
The table of sections at the beginning of chapter 117
of title 18, United States Code, is amended so that the item relating to
section 2422 reads as follows:
2422. Sex trafficking and related
offenses.
.
212.
Clarifying
trafficking definitions and prosecution
(a)
In
general
The section heading
for section 1591 of title 18, United States Code, is amended in the section
heading, by striking Sex
trafficking of children or by force, fraud, or
coercion and inserting Severe forms of trafficking in
persons.
(b)
Clerical
amendment
The table of sections at the beginning of chapter 77 of
title 18, United States Code, is amended so that the item relating to section
1591 reads as follows:
1591. Severe forms of trafficking in
persons.
.
213.
Fighting sex
tourism
The heading for
subsection (d) of section 2423 of title 18, United States Code, is amended by
striking Ancillary
offenses and inserting Child sex tourism.
214.
Identification
documents
(a)
In
general
Chapter 77 of title
18, United State Code, is amended by adding at the end the following:
1597.
Unlawful
conduct with respect to immigration documents
(a)
Destruction,
concealment, removal, confiscation, or possession of immigration
documents
It shall be unlawful for any person to knowingly
destroy, or, for a period of more than 48 hours, conceal, remove, confiscate,
or possess, an actual or purported passport, other immigration, or personal
identification document of another individual—
(1) in the course of a
violation of section 1351 of this title or section 274 of the Immigration and
Nationality Act (8 U.S.C. 1324);
(2) with intent to
violate section 1351 of this title or section 274 of the Immigration and
Nationality Act (8 U.S.C. 1324); or
(3) in order to,
without lawful authority, maintain, prevent, or restrict the labor of services
of the individual.
(b)
Penalty
Whoever
violates subsection (a) shall be fined under this title, imprisoned for not
more than 1 year, or both.
(c)
Obstruction
Whoever
obstructs, attempts to obstruct, or in any way interferes with or prevents the
enforcement of this section, shall be subject to the penalties described in
subsection
(b).
.
(b)
Clerical
amendment
The table of
sections at the beginning of chapter 77 of title 18, United States Code, is
amended by adding at the end the following:
1597. Unlawful conduct with respect to
immigration
documents.
.
215.
Fraud in
foreign labor contracting as a Rico Predicate
Section 1961 of title 18, United States
Code, is amended in paragraph (1)(B) by inserting section 1351 (fraud in
foreign labor contracting), after section 1344 (relating to
financial institution fraud),.
C
Amendments to
other laws
221.
Domestic minor
sex trafficking deterrence and victims support
(a)
Sense of
Congress
It is the sense of the Congress that—
(1) the Attorney
General should implement changes to the National Crime Information Center
database to ensure that—
(A) a child entered
into the database will be automatically designated as an endangered juvenile if
the child has been reported missing not less than 3 times in a 1-year
period;
(B) the database is
programmed to cross-reference newly entered reports with historical records
already in the database; and
(C) the database is
programmed to include a visual cue on the record of a child designated as an
endangered juvenile to assist law enforcement officers in recognizing the child
and providing the child with appropriate care and services;
(2) funds awarded
under subpart 1 of part E of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3750 et seq.) (commonly known as Byrne Grants)
should be used to provide education, training, deterrence, and prevention
programs relating to sex trafficking of minors;
(3) States should—
(A) treat minor
victims of sex trafficking as crime victims rather than as criminal defendants
or juvenile delinquents;
(B) adopt laws
that—
(i) establish the
presumption that a child under the age of 18 who is charged with a prostitution
offense is a minor victim of sex trafficking;
(ii) avoid the
criminal charge of prostitution for such a child, and instead consider such a
child a victim of crime and provide the child with appropriate services and
treatment; and
(iii) strengthen criminal provisions prohibiting
the purchasing of commercial sex acts, especially with minors; and
(C) amend State
statutes and regulations—
(i) relating to crime
victim compensation to make eligible for such compensation any individual who
is a victim of sex trafficking as defined in section 1591(a) of title 18,
United States Code, or a comparable State law against commercial sexual
exploitation of children, and who would otherwise be ineligible for such
compensation due to participation in prostitution activities because the
individual is determined to have contributed to, consented to, benefitted from,
or otherwise participated as a party to the crime for which the individual is
claiming injury; and
(ii) relating to law
enforcement reporting requirements to provide for exceptions to such
requirements for victims of sex trafficking in the same manner as exceptions
are provided to victims of domestic violence or related crimes; and
(4) demand for commercial sex with sex
trafficking victims must be deterred through consistent enforcement of criminal
laws against purchasing commercial sex.
(b)
In
general
Section 202 of the Trafficking Victims Protection
Reauthorization Act of 2005 (42 U.S.C. 14044a) is amended to read as
follows:
202.
Establishment
of a grant program to develop, expand, and strengthen assistance programs for
certain persons subject to trafficking
(a)
Definitions
In
this section—
(1) the term
Assistant Attorney General means the Assistant Attorney General
for the Office of Justice Programs of the Department of Justice;
(2) the term
eligible entity means a State or unit of local government
that—
(A) has significant
criminal activity involving sex trafficking of minors;
(B) has demonstrated
cooperation between State and local law enforcement agencies, prosecutors, and
social service providers in addressing sex trafficking of minors;
(C) has developed a
workable, multi-disciplinary plan to combat sex trafficking of minors,
including—
(i) the establishment of a shelter for minor
victims of sex trafficking, through existing or new facilities;
(ii) the provision of rehabilitative care to
minor victims of sex trafficking;
(iii) the provision of
specialized training for law enforcement officers and social service providers
for all forms of sex trafficking, with a focus on sex trafficking of
minors;
(iv) prevention,
deterrence, and prosecution of offenses involving sex trafficking of
minors;
(v) cooperation or referral agreements with
organizations providing outreach or other related services to runaway and
homeless youth; and
(vi) law enforcement protocols or procedures to
screen all individuals arrested for prostitution, whether adult or minor, for
victimization by sex trafficking and by other crimes, such as sexual assault
and domestic violence;
(D) has a victim certification process for
eligibility and access to State-administered medical care to ensure that minor
victims of sex trafficking who are not eligible for interim assistance under
section 107(b)(1)(F) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7105(b)(1)(F)) are granted eligibility for, and have access to,
State-administered medical care immediately upon certification as such a
victim, or as soon as practicable thereafter but not later than the period
determined by the Assistant Attorney General in consultation with the Assistant
Secretary for Children and Families of the Department of Health and Human
Services; and
(E) provides an assurance that, under the plan
under
subparagraph (C), a minor victim of
sex trafficking shall not be required to collaborate with law enforcement to
have access to any shelter or services provided with a grant under this
section;
(3) the term
minor victim of sex trafficking means an individual who is—
(A) under the age of
18 years old, and is a victim of an offense described in section 1591(a) of
title 18, United States Code, or a comparable State law; or
(B) at least 18 years
old but not more than 20 years old, and who, on the day before the individual
attained 18 years of age, was described in
subparagraph (A) and was receiving
shelter or services as a minor victim of sex trafficking;
(4) the term
qualified non-governmental organization means an organization
that—
(A) is not a State or
unit of local government, or an agency of a State or unit of local
government;
(B) has demonstrated experience providing
services described in paragraph (3)(B) to victims of sex trafficking or related
populations (such as runaway and homeless youth), or employs staff specialized
in the treatment of sex trafficking victims; and
(C) demonstrates a
plan to sustain the provision of services beyond the period of a grant awarded
under this section; and
(5) the term sex trafficking of a
minor means an offense described in subsection (a) of section 1591 of
title 18, United States Code, the victim of which is a minor.
(b)
Grants
authorized
(1)
In
general
The Assistant
Attorney General, in consultation with the Assistant Secretary for Children and
Families of the Department of Health and Human Services, is authorized to award
block grants to not more than 6 eligible entities in different regions of the
United States to combat sex trafficking, and not fewer than 1 of the block
grants shall be awarded to an eligible entity with a State population of less
than 5,000,000.
(2)
Grant
amount
Subject to the availability of appropriations under
subsection (f) to carry out this
subsection, each grant awarded under this subsection shall be for an amount not
less than $1,500,000 and not greater than $2,000,000.
(3)
Duration
(A)
In
general
A grant awarded under this section shall be for a period
of 1 year.
(B)
Renewal
(i)
In
general
The Assistant Attorney General may renew a grant under
this section for two 1-year periods.
(ii)
Priority
In
awarding grants in any fiscal year after the first fiscal year in which grants
are awarded under this section, the Assistant Attorney General shall give
priority to applicants that received a grant in the preceding fiscal year and
are eligible for renewal under this subparagraph, taking into account any
evaluation of such applicant conducted pursuant to
subsection (e), if available.
(4)
Consultation
In carrying out this subsection,
consultation by the Assistant Attorney General with the Assistant Secretary for
Children and Families of the Department of Health and Human Services shall
include consultation with respect to grantee evaluations, the avoidance of
unintentional duplication of grants, and any other areas of shared
concern.
(c)
Use of
funds
(1)
Allocation
For
each grant awarded under
subsection (b)—
(A) not less than 50 percent of the funds shall
be used by the eligible entity to provide shelter and services (as described in
subparagraphs (A) through (D) of
paragraph (2)) to minor victims of sex
trafficking through qualified nongovernmental organizations; and
(B) not less than 10
percent of the funds shall be awarded by the eligible entity to one or more
qualified nongovernmental organizations with annual revenues of less than
$750,000, to provide services to minor victims of sex trafficking or training
for service providers related to sex trafficking of minors.
(2)
Authorized
activities
Grants awarded pursuant to
subsection (b) may be used for—
(A) providing shelter
to minor victims of trafficking, including temporary or long-term placement as
appropriate;
(B) providing 24-hour
emergency social services response for minor victims of sex trafficking;
(C) providing minor
victims of sex trafficking with clothing and other daily necessities needed to
keep such victims from returning to living on the street;
(D) case management services for minor victims
of sex trafficking;
(E) mental health
counseling for minor victims of sex trafficking, including specialized
counseling and substance abuse treatment;
(F) legal services for
minor victims of sex trafficking;
(G) specialized
training for law enforcement personnel and social service providers, specific
to issues related to sex trafficking, including sex trafficking of
minors;
(H) funding salaries,
in whole or in part, for law enforcement officers, including patrol officers,
detectives, and investigators, except that the percentage of the salary of the
law enforcement officer paid for by funds from a grant awarded under
subsection (b) shall not be more than the
percentage of the officer’s time on duty that is dedicated to working on cases
involving sex trafficking of minors;
(I) funding salaries
for State and local prosecutors, including assisting in paying trial expenses
for prosecution of sex trafficking offenders;
(J) investigation
expenses for cases involving sex trafficking of minors, including—
(i) wire taps;
(ii) consultants with
expertise specific to cases involving sex trafficking of minors;
(iii) travel;
and
(iv) any other
technical assistance expenditures;
(K) outreach and education programs to provide
information about deterrence and prevention of sex trafficking of minors;
and
(L) start up costs for
self-sustaining programs to provide treatment to individuals charged or cited
with purchasing or attempting to purchase sex acts in cases where—
(i) a
treatment program can be mandated as a condition of a sentence, fine, suspended
sentence, or probation, or is an appropriate alternative to criminal
prosecution; and
(ii) the individual
was not charged with purchasing or attempting to purchase sex acts with a
minor.
(3)
Prohibited
activities
Grants awarded
pursuant to
paragraph (2) shall not be used for medical
care (as defined in section 2791(a)(2) of the Public Health Service Act (42
U.S.C. 300gg–91)), except that grants may be used for mental health counseling
as authorized under
paragraph (2)(E).
(d)
Application
(1)
In
general
Each eligible entity desiring a grant under this Act
shall submit an application to the Assistant Attorney General at such time, in
such manner, and accompanied by such information as the Assistant Attorney
General may reasonably require.
(2)
Contents
Each
application submitted pursuant to
paragraph (1) shall—
(A) describe the
activities for which assistance under this section is sought; and
(B) provide such
additional assurances as the Assistant Attorney General determines to be
essential to ensure compliance with the requirements of this Act.
(e)
Evaluation
The
Assistant Attorney General shall, in consultation with the Comptroller General
of the United States, enter into a contract with an academic or non-profit
organization that has experience in issues related to sex trafficking of minors
and evaluation of grant programs to conduct an annual evaluation of grants made
under this section to determine the impact and effectiveness of programs funded
with grants awarded under
subsection (b).
(f)
Authorization of
Appropriations
For each of the fiscal years 2014 through 2017,
there are authorized to be appropriated $8,000,000 to the Attorney General to
carry out the provisions of this
section.
.
(c)
Reporting
requirements
(1)
Reporting
requirement for State child welfare agencies
(A)
Requirement for
State child welfare agencies to report children missing or
abducted
Section 471(a) of the Social Security Act (42 U.S.C.
671(a)) is amended—
(i) in
paragraph (32), by striking and after the semicolon;
(ii) in
paragraph (33), by striking the period and inserting ; and;
and
(iii) by
inserting after paragraph (33) the following:
(34) provides that the State has in effect
procedures that require the State agency to promptly report information on
missing or abducted children to the law enforcement authorities for entry into
the National Crime Information Center (NCIC) database of the Federal Bureau of
Investigation, established pursuant to section 534 of title 28, United States
Code.
.
(B)
Regulations
The
Secretary of Health and Human Services shall promulgate regulations
implementing the amendments made by
subparagraph (A). The regulations
promulgated under this subsection shall include provisions to withhold Federal
funds from any State that fails to substantially comply with the requirement
imposed under the amendments made by
subparagraph (A).
(C)
Effective
date
The amendment made by
subparagraph (A) shall take effect on the
date that is 6 months after the date of the enactment of this Act, without
regard to whether final regulations required under
subparagraph (B) have been
promulgated.
(2)
Annual
statistical summary
Section 3701(c) of the Crime Control Act of
1990 (42 U.S.C. 5779(c)) is amended by inserting , which shall include
the total number of reports received and the total number of entries made to
the National Crime Information Center (NCIC) database of the Federal Bureau of
Investigation, established pursuant to section 534 of title 28, United States
Code. after this title.
(3)
State
reporting
Section 3702 of the Crime Control Act of 1990 (42
U.S.C. 5780) is amended in paragraph (4)—
(A) by striking
(2) and inserting (3);
(B) in subparagraph
(A), by inserting , and a photograph taken within the previous 180 days
after dental records;
(C) in subparagraph
(B), by striking and after the semicolon;
(D) by redesignating
subparagraph (C) as subparagraph (D); and
(E) by inserting after
subparagraph (B) the following:
(C) notify the
National Center for Missing and Exploited Children of each report received
relating to a child reported missing from a foster care family home or
childcare institution;
and
.
222.
Enhancing
efforts to combat the trafficking of children
(a)
Combating child
trafficking at the border and ports of entry of the United States
(1) Section
235(a)(2)(A) of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232(a)(2)(A)) is amended—
(A) in clause (ii), by
striking and at the end;
(B) in clause (iii),
by striking the period at the end and inserting ; and;
and
(C) by adding at the
end the following:
(iv) the return of such child to the child's
country of nationality or of last habitual residence would not endanger the
life or safety of such
child.
.
(2) Section 235(a)(4) of the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232(a)(4)) is amended—
(A) by inserting
To the extent feasible, unaccompanied alien children should be housed
and screened by an immigration officer with expertise in child welfare in
separate child-friendly facilities conducive to disclosing information related
to human trafficking or exploitation. before If the child does
not meet such criteria; and
(B) by adding at the
end the following: In the course of building or remodeling existing
immigration facilities, consideration should be given to including separate
child-friendly space conducive to disclosing information relating to human
trafficking or exploitation..
(3) Section 235(a)(5) of the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232(a)(5)) is amended by adding at the end the following:
(E)
Report to
Congress
Not later than 180
days after the date of enactment of the Trafficking Victims Protection
Reauthorization Act of 2011, and annually thereafter, the Secretary of Homeland
Security, in consultation with the Secretary of Health and Human Services and
Secretary of State, shall report to Congress the following:
(i) The number of
alien children encountered by U.S. Customs and Border Protection.
(ii) The number of
alien children screened for severe forms of human trafficking.
(iii) Whether the
screening was conducted by an individual with expertise in child
welfare.
(iv) How many of these
children were repatriated and how many were diverted into
services.
.
(b)
Combating Child
Trafficking and Exploitation in the United States
Section
235(b)(2) of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232(b)(2)) is amended by striking
within 48 hours and inserting within 24
hours.
(c)
Providing safe
and secure placements for children
(1) Section 235(c)(2)
of the William Wilberforce Trafficking Victims Protection Reauthorization Act
of 2008 (8 U.S.C. 1232(c)(2)) is amended by adding at the end the following:
The Secretary of Homeland Security shall either release, pursuant to the
Secretary’s sole discretion, or place in the least restrictive setting an alien
who—
(A) has been placed under this paragraph as a
child;
(B) has demonstrated
that he or she is not a danger to the community or a flight risk; and
(C) has become
ineligible, by reason of age, for placement as a
child.
.
(2) Section 235(c)(3)(B) of the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232(c)(3)(B)) is amended by striking shall conduct follow-up
services and all that follows through for whom a home study was
conducted and inserting the following: shall provide at least 1
visit for follow-up services on all children not later than 45 days after
placement,.
223.
Improving local
efforts to combat trafficking and sexual exploitation of children
Section 471(a) of the Social Security Act
(42 U.S.C. 671(a)) is amended—
(1) in paragraph (32),
by striking and at the end;
(2) in paragraph (33),
by striking the period at the end and inserting ; and;
and
(3) by adding at the
end the following:
(34) not later than January 1, 2013, describes
State child welfare existing practice and any future plans regarding prevention
measures and victim assistance related to the human trafficking and commercial
sexual exploitation of foreign, United States citizen and legal resident
children including—
(A) collaborations
with local and State agencies and non-profit organizations to identify and care
for children believed or confirmed to be, or at-risk of becoming victims of a
severe form of human trafficking;
(B) training for the
child welfare employees who are likely to come into contact with child victims
of human trafficking;
(C) jurisdictional
limits and other issues that hinder State child welfare response to aid child
victims of human trafficking;
(D) data collection
regarding children identified by child welfare services as victims of
trafficking and, if known, relationship to exploiter; and
(E) prevention
education to families and at-risk children, including runaway and homeless
youth, regarding human trafficking and commercial sexual
exploitation.
.
224.
Efforts to
publicize the National Human Trafficking Resource Center hotline
(a)
Task force
activities
Section 105(d)(6) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7103(d)(6)) is amended by inserting ,
and make reasonable efforts to distribute information to enable all relevant
Federal Government agencies to publicize the National Human Trafficking
Resource Center Hotline on their websites, in all headquarters offices, and in
all field offices throughout the United States before the period at the
end.
(b)
Grantee hotline
information
The Attorney
General shall consult with the Secretary of Health and Human Services to make
reasonable efforts to distribute information to enable grantees under section
107(b) of the Trafficking Victims Protection Act of 2000 to publicize the
National Human Trafficking Resource Center hotline on their Web sites, within
the program’s headquarters as well as field offices across the United
States.
(c)
Hotline
information
(1)
In
general
The Secretary of Health and Human Services, in
coordination with the Attorney General, shall make reasonable efforts to
encourage States to adopt legislation to raise public awareness of the National
Human Trafficking Resource Center hotline in every mandated establishment where
victims of human trafficking may possibly work or visit.
(2)
Posting of model
hotline information
The
legislation described in paragraph (1) should include a requirement that
information relating to the National Human Trafficking Resource Center hotline
be posted in accordance with the following specifications:
(A)
Poster
location
The poster should be
publicly displayed in a conspicuous place near the entrance of mandated
establishments or where such posters and notices are customarily posted in such
establishments.
(B)
Poster
specifications
The poster
should be no smaller than 8½ by 11 inches in size and state the following:
If you or someone you know is being forced to engage in any activity and
cannot leave—whether it is commercial sex, housework, farm work, or any other
activity—call the National Human Trafficking Resource Center Hotline at
1–888–373–7888 to access help and services. Victims of human trafficking are
protected under United States and State law. The Hotline is: Available 24 hours
a day, 7 days a week. Toll-free. Operated by a non-profit, nongovernmental
organization. Anonymous & Confidential. Accessible in 170 languages. Able
to provide help, referral to services, training, and general
information..
(C)
Languages
The poster should be printed in English,
Spanish, and any other languages required by the Voting Rights Act in the
county in which the poster will be posted.
(D)
Notice
The licensing authority should provide each
mandated establishment with notice of this section and with the required poster
upon licensing and should place the poster on its public Web site for mandated
establishments to print as needed.
(3)
Definition of
Mandated Establishment
For
purposes of this section, a mandated establishment means—
(A) a massage parlor,
spa, or other similar establishment;
(B) an establishment
that receives a liquor license;
(C) a strip club or
other sexually oriented business;
(D) a
restaurant;
(E) an airport;
(F) a train
station;
(G) a bus
station;
(H) a highway truck
stop;
(I) a highway rest
stop;
(J) a hospital, HMO,
or urgent care center;
(K) a farm;
(L) a high school;
or
(M) a job recruitment
center.
III
Authorization of
appropriations
301.
Trafficking
Victims Protection Act of 2000
(a)
Human Smuggling
and Trafficking Center
Section 112A(b)(4) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7109a(b)(4)) is amended—
(1) by striking
$2,000,000 and inserting $1,000,000; and
(2) by striking
fiscal years 2008 through 2011 and inserting fiscal years
2014 through 2017.
(b)
Authorizations
of appropriations
(1) Section 113 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110) is amended—
(A) in subsection
(a)—
(i) in
the first sentence—
(I) by striking
104,; and
(II) by striking
fiscal years 2008 through 2011 and inserting fiscal years
2014 through 2017; and
(ii) in the second sentence—
(I) by striking
fiscal years 2008 through 2011 and inserting fiscal years
2014 through 2017; and
(II) by striking
, and $3,000 for official reception and presentation
expenses;
(B) in subsection (b)—
(i) in
paragraph (1)—
(I) by striking
fiscal years 2008 through 2011 and inserting fiscal years
2014 through 2017; and
(II) by adding at the
end the following: Of the amount made available to carry out the
purposes of section 107(b) for a fiscal year, not less than two-thirds of such
amount shall be used to provide services for victims under such
section.; and
(ii) in
paragraph (2), by striking Secretary of Health and Human
Services and all that follows and inserting Secretary of Health
and Human Services $7,000,000 for each of the fiscal years 2014 through
2017.;
(C) in subsection
(c)(1)—
(i) in subparagraph (A), by striking
fiscal years 2008 through 2011 and inserting fiscal years
2014 through 2017;
(ii) in subparagraph (B), by striking
fiscal years 2008 through 2011 each place it appears and
inserting fiscal years 2014 through 2017; and
(iii) in subparagraph (C), by striking
fiscal years 2008 through 2011 and inserting fiscal years
2014 through 2017;
(D) in subsection
(d)—
(i) by redesignating subparagraphs (A) through
(C) as paragraphs (1) through (3), respectively;
(ii) in paragraph (1) (as redesignated), by
striking fiscal years 2008 through 2011 and inserting
fiscal years 2014 through 2017; and
(iii) in
paragraph (3) (as redesignated), by striking Attorney General
and all that follows and inserting Attorney General $7,000,000 for each
of the fiscal years 2014 through 2017.;
(E) in subsection
(e)—
(i) in paragraph (1), by striking
$15,000,000 for each of the fiscal years 2008 through 2011 and
inserting $7,500,000 for each of the fiscal years 2014 through
2017; and
(ii) in paragraph (2), by striking
$15,000,000 for each of the fiscal years 2008 through 2011 and
inserting $7,500,000 for each of the fiscal years 2014 through
2017;
(F) in subsection (f), by striking
$10,000,000 for each of the fiscal years 2008 through 2011 and
inserting $5,000,000 for each of the fiscal years 2014 through
2017; and
(G) in subsection (i), by striking
$18,000,000 for each of the fiscal years 2008 through 2011 and
inserting $10,000,000 for each of the fiscal years 2014 through
2017.
302.
Trafficking
Victims Protection Reauthorization Act of 2005
Section 204(d) of the Trafficking Victims
Protection Reauthorization Act of 2005 (42 U.S.C. 14044c(d)) is amended by
striking $20,000,000 for each of the fiscal years 2008 through
2011 and inserting $10,000,000 for each of the fiscal years 2014
through 2017.
303.
Eligibility for
assistance
(a)
Prohibition
against discrimination
(1)
In
general
An organization, including a faith-based organization,
that is otherwise eligible to receive assistance under any provision of law
referenced in subsection (d) shall not be—
(A) required, as a
condition of receiving such assistance, to endorse, utilize, provide, make a
referral to, become integrated with, or otherwise participate in any program,
project, or activity to which the organization has a religious or moral
objection; or
(B) discriminated
against in the solicitation or issuance of grants, contracts, cooperative
agreements, or other Federal funding under any provision of law referenced in
subsection (d) for refusing to meet any requirements described in subparagraph
(A).
(2)
Rule of
construction
Nothing in this subsection shall be construed to
prohibit the Federal Government from making alternative arrangements for any
program, project, or activity to which an organization has a moral or religious
objection, if such arrangements—
(A) do not violate the
provisions of paragraph (1); and
(B) are not made for
any program, project, or activity for which Federal funding is otherwise
prohibited.
(b)
Remedies
(1)
In
general
The courts of the United States shall have jurisdiction
to prevent and redress actual or threatened violations of this section by
issuing any form of legal or equitable relief, including—
(A) injunctions
prohibiting conduct that violates this section; and
(B) orders preventing
the disbursement of all or a portion of Federal financial assistance to a
specific offending department, agency, or program, project, or activity until
such time as the conduct prohibited by this section has ceased.
(2)
Commencement of
action
An action under this section may be instituted by—
(A) any organization
that has standing to complain of an actual or threatened violation of this
section; or
(B) the Attorney
General of the United States.
(3)
Relation to
administrative remedies
A party may commence or continue an
action and obtain relief under this subsection without regard to whether a
complaint under subsection (c) has been filed or is pending.
(c)
Administration
The
President shall designate an official within each Federal department or agency
that receives funding to carry out any provision of law referenced in
subsection (d)—
(1) to receive
complaints alleging a violation of this section; and
(2) to pursue the
investigation of such complaints, in coordination with the Attorney
General.
(d)
Provisions of
law
The provisions of law referenced in this subsection are the
following:
(1) This Act or any
amendment made by this Act.
(2) The Trafficking
Victims Protection Act of 2000.
(3) The Trafficking
Victims Protection Reauthorization Act of 2005.
(4) The William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008.
304.
Reporting
requirement
Not later than
March 31 of 2014 through 2017, the President shall submit to Congress a report
for the prior fiscal year that shall include—
(1) the amount of appropriations that each
department or agency for which such appropriations were authorized under the
Trafficking Victims Protection Act of 2000 or the Trafficking Victims
Protection Reauthorization Act of 2005 directed to activities described in such
Acts;
(2) a
list of the activities funded through the appropriations identified in
paragraph (1), including the responsible department or agency and the section
of the Trafficking Victims Protection Act of 2000 or the Trafficking Victims
Protection Reauthorization Act of 2005 that authorizes such activity;
and
(3) the appropriations
account from which each activity described in paragraph (2) was funded and the
amount contributed from such account for each activity.