S. 2564 — Introduced in Senate

II 113th CONGRESS 2d Session S. 2564 IN THE SENATE OF THE UNITED STATES July 7, 2014 Mr. Wicker introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide justice for the victims of trafficking, to stop exploitation through trafficking, and to amend title 18, United States Code, by providing a penalty for knowingly selling advertising that offers certain commercial sex acts. 1. Short title; table of contents (a) Short title This Act may be cited as the End Trafficking Act of 2014. 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Table of contents. Sec. 3. Findings. Sec. 4. Purpose. TITLE I—Stop Advertising Victims of Exploitation Sec. 101. Short title. Sec. 102. Advertising that offers certain commercial sex acts. TITLE II—Child Trafficking Victims Protection Sec. 201. Short title. Sec. 202. Court-based pilot program for domestic child trafficking survivors. Sec. 203. Government Accountability Office reports. Sec. 204. Expanded definition of child abuse and neglect. Sec. 205. Recommendations for combating domestic child trafficking. Sec. 206. Education and outreach to trafficking survivors. Sec. 207. Enhanced penalty for fraud in labor contracting. Sec. 208. Expanded statute of limitations for civil actions by child trafficking survivors. Sec. 209. Edward Byrne Memorial Justice Assistance Grants. 3. Findings Congress finds the following: (1) Recent studies indicate that thousands of children and youth are at risk for human trafficking in the United States. (2) A significant percentage of children and youth who are trafficked in the United States will commit prostitution offenses or other nonviolent offenses in connection with their exploitation by a trafficker. (3) The prostitution statutes in many jurisdictions do not differentiate between adult prostitutes and children or youths who have been commercially sexually exploited. (4) Evidence suggests that runaway or homeless children and youth and young adults leaving the foster care system are especially vulnerable to commercial sexual exploitation. (5) The majority of children and youths who are involved in the criminal or justice systems are responsive to interventions that integrate treatment, rehabilitation, and support services. (6) Collaborative programs between services providers and criminal or juvenile justice systems that ensure the provision of counseling, housing and related services for trafficking victims can reduce the number of such individuals in corrections facilities. 4. Purpose (a) In general The purpose of this Act is to combat domestic human trafficking by facilitating collaboration among the criminal justice system, juvenile justice system, and support services. (b) Collaboration The collaboration described in subsection (a) is needed— (1) to protect public safety by intervening with juvenile offenders who have been trafficked; (2) to provide courts, including new trafficking victims’ courts, with appropriate treatment options; (3) to maximize the use of alternatives to prosecution in appropriate cases involving youths who have committed nonviolent offenses, such as prostitution, in connection with their exploitation by a trafficker; (4) to promote adequate training for criminal justice system personnel about the unique challenges facing juveniles who have been trafficked and the appropriate response to such children and youths in the criminal justice system; (5) to promote communication among adult or juvenile justice personnel, medical personnel, mental health treatment personnel, and support services such as housing, job placement, community, faith based, and crime victims organizations; and (6) to promote communication and collaboration among governmental officials with respect to all forms of human trafficking in the United States. I Stop Advertising Victims of Exploitation 101. Short title This title may be cited as the Stop Advertising Victims of Exploitation Act of 2014 or the SAVE Act of 2014. 102. Advertising that offers certain commercial sex acts Section 1591 of title 18, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting advertises, after obtains,; (B) in the undesignated matter following paragraph (2), by inserting , except where, in an offense under paragraph (2), the act constituting the violation of paragraph (1) is advertising, after knowing, or; and (2) in subsection (b), by striking or obtained each place such term appears and inserting obtained, or advertised. II Child Trafficking Victims Protection 201. Short title This title may be cited as the Child Trafficking Victims Protection Act. 202. Court-based pilot program for domestic child trafficking survivors (a) In general Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following: LL Trafficking Survivors’ Courts 3021. Grants authorized (a) In general The Attorney General may award grants to States, State courts, local courts, units of local government, and Indian tribal governments, acting directly or through agreements with other public or private entities, for court-based programs that involve— (1) continuing judicial supervision over offenders who— (A) are younger than 18 years of age; (B) have been trafficked; and (C) are not violent offenders; and (2) the integrated administration of other sanctions and services, which shall include— (A) housing placement and the pursuit of a high school education or its equivalent during any period of supervised release or probation for each participant; (B) therapies that address issues faced by each participant, including— (i) healing from physical, sexual, and emotional abuse; (ii) depression; and (iii) self-injurious behaviors; (C) diversion, probation, or other supervised release involving the possibility of prosecution, confinement, or incarceration based on noncompliance with program requirements or failure to show satisfactory progress; and (D) programmatic, offender management, and other aftercare services for each participant who requires such services, including— (i) domestic violence counseling; (ii) substance abuse treatment; (iii) health care; (iv) education; (v) job placement; and (vi) child care or other family support services. (b) Application requirements An entity described in subsection (a) may apply for a grant under this section by submitting an application to the Attorney General that includes— (1) a description of the population that is targeted for the program to be funded with the grant; (2) guidelines that can be used by personnel of an adult or juvenile justice agency to identify qualified program participants; (3) plans for making housing and education available to qualified offenders at the time of their release from the criminal justice or juvenile justice system; (4) plans for determining the program participants’ eligibility for Federal benefits; (5) plans to make available, to the extent practicable, other support services that will ensure each trafficking victim’s successful reintegration into the community, such as crisis counseling, peer-to-peer support, job placement, mentoring, health care, and the services of faith-based and community organizations; and (6) a certification that the grant funds received under this section will be used to supplement, and not supplant, funding sources that would otherwise be available. (c) Priority Priority in grant funding under this section shall be accorded to grant applicants— (1) whose application details a plan for ensuring that the grant’s target population will receive pro bono assistance in seeking expungement of any charges committed in connection with an individual’s exploitation by a trafficker, upon the completion by the individual of the court-based program of judicial supervision; (2) in jurisdictions that have implemented, or that commit to implement as part of the grant application process, law enforcement policies that require a shift away from prosecution toward rehabilitation for minors who are victims of human trafficking; and (3) in jurisdictions that have adopted demand-reduction policies to promote stricter enforcement of laws imposing criminal penalties for adults involved in human trafficking of minors, including adults who purchase sex from minors. (d) Records expungement If a participant successfully completes a program of judicial supervision that receives grant funding under this section, the participants shall be notified of the opportunity to seek the expungement of any juvenile court records relating to the crimes for which he or she was originally charged. 3022. Prohibition of participation by violent offenders (a) In general The Attorney General shall— (1) issue regulations and guidelines to ensure that the programs authorized under this part do not permit participation by violent offenders; and (2) immediately suspend funding for any grant under this part, pending compliance, if the Attorney General determines that violent offenders are participating in any program funded under this part. (b) Defined term In this part, the term violent offender means a person who— (1) is charged with, or convicted of, an offense, regardless of whether any of the circumstances described in subparagraph (A), (B), or (C) is an element of the offense or conduct of which or for which the person is charged or convicted, during the course of which offense or conduct— (A) the person carried, possessed, or used a firearm or dangerous weapon; (B) there occurred the death of or serious bodily injury to any person; or (C) there occurred the use of force against the person of another; (2) has 1 or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm. 3023. Administration (a) Consultation The Attorney General shall consult with the Secretary of Health and Human Services and any other appropriate officials in carrying out this part. (b) Use of components The Attorney General may utilize any component or components of the Department of Justice in carrying out this part. (c) Applications (1) In general To request funds under this part, the chief executive or the chief justice of a State or the chief executive or chief judge of a unit of local government or Indian tribal government shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. (2) Contents In addition to any other requirements that may be specified by the Attorney General, an application for a grant under this part shall include— (A) a long-term strategy and detailed implementation plan; (B) an explanation of the applicant's inability to fund the program adequately without Federal financial assistance; (C) a certification that the Federal financial assistance provided will be used to supplement, and not to supplant, State, Indian tribal, and local sources of funding that would otherwise be available; (D) a description of related governmental or community initiatives which complement or will be coordinated with the proposal; (E) a certification that— (i) there has been appropriate consultation with all affected agencies; and (ii) there will be appropriate coordination with all affected agencies in the implementation of the program; (F) a certification that participating offenders will be supervised by 1 or more designated judges with responsibility for the trafficking survivors’ court program; (G) plans for obtaining necessary support and continuing the proposed program after the termination of Federal financial assistance; and (H) a description of the methodology that will be used in evaluating the program. (d) Geographic distribution The Attorney General shall ensure, to the extent practicable, that grant awards under this part are equitably distributed geographically. (e) Federal share The Federal share of a grant awarded under this part may not exceed 75 percent of the total costs of the program described in the application submitted under subsection (c) for the fiscal year for which the program receives assistance under this part, unless the Attorney General waives, wholly or in part, the requirement of a matching contribution under this section. In-kind contributions may constitute a portion of the non-Federal share of a grant. 3024. Reports A State, Indian tribal government, or unit of local government that receives Federal financial assistance under this part during a fiscal year shall submit a report to the Attorney General not later than March 31 of the following fiscal year that describes the effectiveness of the program funded under this part. 3025. Technical assistance, training, evaluations, and rulemaking (a) Technical assistance and training The Attorney General may provide technical assistance and training in furtherance of the purposes of this part. (b) Evaluations In addition to any evaluation requirements that may be prescribed for grantees, the Attorney General may carry out or make arrangements for evaluations of programs that receive support under this part. (c) Administration The technical assistance, training, and evaluations authorized under this section may be carried out directly by the Attorney General, in collaboration with the Secretary of Health and Human Services, or through grants, contracts, or other cooperative arrangements with other entities. (d) Rulemaking The Attorney General may issue regulations and guidelines necessary to carry out this part. . (b) Clerical amendment The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following: Part LL—Trafficking Survivors’ Courts Sec. 3021. Grants authorized. Sec. 3022. Prohibition of participation by violent offenders. Sec. 3023. Administration. Sec. 3024. Reports. Sec. 3025. Technical assistance, training, evaluations, and rulemaking. . (c) Authorization of appropriations Section 1001(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by adding at the end the following: (27) There are authorized to be appropriated to carry out part LL— (A) $10,000,000 for fiscal year 2015; (B) $15,000,000 for fiscal year 2016; and (C) $15,000,000 for fiscal year 2017. . 203. Government Accountability Office reports (a) Study The Comptroller General of the United States shall conduct a study of the effectiveness and impact of grants authorized under part LL of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by section 202. (b) Documents and information The Attorney General and grant recipients shall provide the Comptroller General with all relevant documents and information that the Comptroller General considers necessary to conduct the study under subsection (a), including the identities and criminal records of program participants. (c) Criteria In assessing the effectiveness of the grants made under programs authorized under part LL of title I of the Omnibus Crime Control and Safe Streets Act of 1968, the Comptroller General shall consider, among other things— (1) recidivism rates of program participants; (2) completion rates among program participants; and (3) the costs of the program to the criminal justice system. (d) Grant effectiveness report Not later than January 1, 2017, the Comptroller General shall submit a report to Congress that contains the results of the study conducted under subsection (a). (e) Service gap report Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the appropriate congressional committees that identifies— (1) the extent of any service gap that may persist between trafficking victims who are United States citizens or lawful permanent residents and foreign nationals residing in the United States since the completion of the study required under 213(b) of the William Wilberforce Trafficking Victims Protection Act (Public Law 110–457); (2) if a service gap described in paragraph (1) persists— (A) the progress that Federal agencies have made in closing the gap since 2009; and (B) the deficiencies remaining as of the date of the enactment of this Act; (3) the extent to which efficiencies could be achieved and duplication could be avoided by consolidating existing Federal grant programs for trafficking survivors that are administered by the Department of Health and Human Services and the Department of Justice; and (4) options for additional legislative or regulatory changes to help ensure that the Nation’s criminal justice policies are adequate to combat sex trafficking of minors. 204. Expanded definition of child abuse and neglect The Child Abuse Prevention and Treatment Act (42 U.S.C. 5106g(2)) is amended— (1) in section 3(2) (42 U.S.C. 5101 note), by inserting (including commercial sexual exploitation) after exploitation; and (2) in section 111(4)(A) (42 U.S.C. 5106g(4)(A)), by inserting for commercial purposes or before for the purpose of. 205. Recommendations for combating domestic child trafficking (a) In general Not later than 1 year after the submission of the study required under section 203(e), the Attorney General, in consultation with other Federal agencies involved in the protection of human trafficking victims who are minors, shall submit a report to Congress that describes any deficiencies that exist in the services that are available from private and public sources to child victims of human trafficking in the United States. (b) Components The report required under subsection (a) shall include— (1) recommendations for legislative or regulatory changes to ensure the adequacy of, and parity in, services and legal assistance to all child trafficking victims in the United States by— (A) eliminating any perceived gaps in services; and (B) avoiding overlap and duplication in Federal programs; and (2) a list of best practices for State and local jurisdictions seeking to discourage the sex trafficking of minors in the United States through the adoption of demand-reduction strategies. 206. Education and outreach to trafficking survivors The Attorney General shall make available, through the website of the Department of Justice’s Office of Juvenile Justice and Delinquency Prevention, a database of information for trafficking victim advocates, crisis hotline personnel, foster parents, law enforcement personnel, and crime survivors on counseling and hotline resources, housing resources, legal assistance, and other services to trafficking survivors. 207. Enhanced penalty for fraud in labor contracting Section 1351(a) of title 18, United States Code, is amended by striking that employment and all that follows and inserting the following: “that employment— (1) shall be fined under this title, imprisoned for not more than 5 years, or both; and (2) if the offense results in sexual abuse or trafficking of a foreign national who is younger than 21 years of age, shall be fined under this title, imprisoned for not more than 10 years, or both. . 208. Expanded statute of limitations for civil actions by child trafficking survivors Section 1595(c) of title 18, United States Code, is amended by striking not later than 10 years after the cause of action arose. and inserting the following: “not later than the later of— (1) 10 years after the cause of action arose; or (2) 10 years after the victim reaches 18 years of age, in the case of a victim who was a minor at the time of the alleged offense. . 209. Edward Byrne Memorial Justice Assistance Grants (a) Technical assistance The Secretary of Health and Human Services shall provide technical assistance to States, upon request, to assist with the implementation of demand reduction strategies that focus on the psychology of demand for commercial sex. (b) Grant funding prioritization Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751) is amended by adding at the end the following: (h) Priority for grant funding Beginning on October 1, 2016, in awarding grants under this section, the Attorney General shall give priority to States and units of local government that have adopted demand reduction strategies designed to combat minor sex trafficking in the United States, in accordance with criteria established by the Attorney General. .