[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3610 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3610
To stop exploitation through trafficking.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 21, 2013
Mr. Paulsen (for himself and Ms. Moore) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committee on Education and the Workforce, 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 stop exploitation through trafficking.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Exploitation Through
Trafficking Act of 2013''.
SEC. 2. NATIONAL SAFE HARBOR LAW.
(a) Definitions.--In this section--
(1) the term ``commercial sex act'' shall have the meaning
given the term in section 103 of the Victims of Trafficking and
Violence Protection Act of 2000 (22 U.S.C. 7102);
(2) the term ``minor'' means an individual who has not
attained the age of 18 years;
(3) the term ``severe form of trafficking in persons''
shall have the meaning given the term in section 103 of the
Victims of Trafficking and Violence Protection Act of 2000 (22
U.S.C. 7102); and
(4) the term ``State'' shall have the meaning given the
term in section 901 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3791).
(b) Enactment of Safe Harbor Law.--On or after the date that is 3
years after the date of enactment of this Act, each State shall have in
effect legislation that--
(1) treats a minor who has engaged in, or has attempted to
engage in, a commercial sex act as a victim of a severe form of
trafficking in persons;
(2) discourages the charging or prosecution of an
individual described in paragraph (1) for a prostitution or sex
trafficking offense, based on the conduct described in
paragraph (1); and
(3) encourages the diversion of an individual described in
paragraph (1) to child protection services.
(c) Eligibility for Byrne Justice Assistance Grant Funds.--
(1) In general.--If a State fails to comply with subsection
(b), the Attorney General may withhold--
(A) during the 2 fiscal years beginning after the
3-year period subsequent to the date of enactment of
this Act, 3 percent of the amount that would otherwise
be allocated to the State under section 505 of title I
of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3755);
(B) during the fiscal year subsequent to the
expiration of the period referred to in subparagraph
(A), 4 percent of the amount that would otherwise be
allocated to the State under section 505 of title I of
the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3755); and
(C) during any fiscal year subsequent to the
expiration of the period referred to in subparagraph
(B), 5 percent of the amount that would otherwise be
allocated to the State under section 505 of title I of
the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3755).
(2) Reallocation.--Any funds under section 505 of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3755) that are not allocated to a State because of the
failure of the State to comply with subsection (b) shall be
reallocated to States that comply with subsection (b).
SEC. 3. CIVIL REMEDIES.
Section 1595(a) of title 18, United States Code, is amended by
inserting ``treble'' before ``damages''.
SEC. 4. RESTITUTION.
(a) Establishment of Process for Data Collection.--Not later than
180 days after the date of enactment of this Act, the Attorney General
shall establish a process to collect and analyze data relating to the
issuance and enforcement of mandatory restitution orders under section
1593 of title 18, United States Code.
(b) Requirements.--The process required to be established under
subsection (a) shall--
(1) ensure that data is collected for each offense charged
under chapter 77 of title 18, United States Code; and
(2) allow for the tracking of enforcement of each
restitution order under section 1593 of title 18, United States
Code.
(c) Annual Report.--Section 105(d)(7) of the Victims Trafficking
and Violence Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is amended--
(1) in subparagraph (Q)(v), by striking ``and'' at the end;
(2) in subparagraph (R), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(S) for the first report submitted under this
paragraph on or after January 1, 2015, and each report
thereafter, the data collected under section 4 of the
Stop Exploitation Through Trafficking Act of 2013;''.
SEC. 5. NATIONAL HUMAN TRAFFICKING HOTLINE.
Section 107(b)(2) of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7105(b)(2)) is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) National human trafficking hotline.--
Beginning in fiscal year 2017 and each fiscal year
thereafter, of amounts made available for grants under
this paragraph, the Secretary of Health and Human
Services shall make grants for a national communication
system to assist victims of severe forms of trafficking
in persons in communicating with service providers. The
Secretary shall give priority to grant applicants that
have experience in providing telephone services to
victims of severe forms of trafficking in persons.''.
SEC. 6. JOB CORPS ELIGIBILITY.
Section 144(3) of the Workforce Investment Act of 1998 (29 U.S.C.
2884(3)) is amended by adding at the end the following:
``(F) A victim of a severe form of trafficking in
persons (as defined in section 103 of the Victims of
Trafficking and Violence Protection Act of 2000 (22
U.S.C. 7102)). Notwithstanding paragraph (2), an
individual described in this subparagraph shall not be
required to demonstrate eligibility under such
paragraph.''.
SEC. 7. ESTABLISHING A NATIONAL STRATEGY TO COMBAT HUMAN TRAFFICKING.
(a) In General.--The Attorney General shall implement and maintain
a National Strategy for Combating Human Trafficking (referred to in
this section as the ``National Strategy'') in accordance with this
section.
(b) Required Contents of National Strategy.--The National Strategy
shall include the following:
(1) Integrated Federal, State, local, and tribal efforts to
investigate and prosecute human trafficking cases, including--
(A) the partnership by each United States attorney
with other Federal, State, local, and tribal law
enforcement partners working in the district of such
attorney to implement the National Strategy;
(B) the development by each United States attorney
of a district-specific strategic plan to coordinate the
investigation and prosecution of human trafficking
crimes;
(C) the development and implementation of
strategies to identify and rescue victims of human
trafficking;
(D) the appointment of not less than 1 assistant
United States attorney in each district dedicated to
the prosecution of human trafficking cases or
responsible for implementing the National Strategy;
(E) the participation in local training,
educational, and awareness programs of human
trafficking crimes;
(F) the participation in any Federal, State, local,
or tribal human trafficking task force operating in the
district of the United States attorney; and
(G) any other efforts intended to enhance the level
of coordination and cooperation, as is to be determined
by the Attorney General.
(2) Case coordination within the Department of Justice,
including specific integration, coordination, and
collaboration, as appropriate, on human trafficking
investigations between and among the United States attorneys,
the Human Trafficking Prosecution Unit, the Child Exploitation
and Obscenity Section, and the Federal Bureau of Investigation,
including--
(A) the regular and timely notification to the
United States attorneys, the Human Trafficking
Prosecution Unit, and the Child Exploitation and
Obscenity Section of any sex or labor trafficking
investigations opened by the Federal Bureau of
Investigation, the Department of Homeland Security, the
Department of Labor, or the Human Smuggling and
Trafficking Center under section 1581, 1583, 1584,
1589, 1590, 1591, 1592, or 1594 of title 18, United
States Code; and
(B) the reporting of the number of investigations
described in subparagraph (A) in the annual report
required under section 105(d)(7) of the Victims
Trafficking and Violence Protection Act of 2000 (22
U.S.C. 7103(d)(7)).
(3) Interagency coordination regarding the prevention,
investigation, and apprehension of individuals targeting and
exploiting adults and children for human trafficking, including
collaboration and cooperation with--
(A) the Department of Homeland Security;
(B) the Department of Labor;
(C) the Department of State;
(D) the Department of Health and Human Services;
(E) the Bureau of Indian Affairs; and
(F) other appropriate Federal agencies.
(4) Measurable objectives and long-term, quantifiable goals
that the Attorney General determines may be achieved.
(5) Annual budget priorities and Federal efforts dedicated
to preventing and combating human trafficking, including
resources dedicated to the Human Trafficking Prosecution Unit,
the Child Exploitation and Obscenity Section, the Federal
Bureau of Investigation, and all other entities that receive
Federal support that have a goal or mission to combat the
exploitation of adults and children.
(6) An ongoing assessment of the future trends, challenges,
and opportunities, including new investigative strategies,
techniques, and technologies, that will enhance Federal, State,
local, and tribal efforts to combat human trafficking.
(7) Encouragement of cooperation, coordination, and mutual
support between private sector and other entities and
organizations and Federal agencies to combat human trafficking,
including the involvement of State, local, and tribal
government agencies to the extent Federal programs are
involved.
SEC. 8. ENHANCING LAW ENFORCEMENT COORDINATION.
Section 105(d)(7) of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7103(d)(7)), as amended by section 4,
is amended by adding at the end the following:
``(T) the number of sex and labor trafficking
investigations opened by the Federal Bureau of
Investigation, the Department of Homeland Security, the
Department of Labor, or the Human Smuggling and
Trafficking Center under section 1581, 1583, 1584,
1589, 1590, 1591, 1592, or 1594 of title 18, United
States Code, during the preceding fiscal year; and
``(U) the number of the sex and labor trafficking
investigations described in subparagraph (T) that were
reported to the United States attorneys, the Human
Trafficking Prosecution Unit in the Civil Rights
Division of the Department of Justice, and the Child
Exploitation and Obscenity Section in the Criminal
Division of the Department of Justice.''.
SEC. 9. SEX OFFENDER REGISTRY.
Section 111 of the Sex Offender Registration and Notification Act
(42 U.S.C. 16911) is amended--
(1) in paragraph (3)(A)--
(A) by striking clause (i); and
(B) by redesignating clauses (ii), (iii), and (iv)
as clauses (i), (ii), and (iii), respectively; and
(2) in paragraph (4)--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) is comparable to or more severe than sex
trafficking (as described in section 1591 of title 18,
United States Code), when committed against a minor, or
an attempt or conspiracy to commit such an offense
against a minor;''.
SEC. 10. SEVERABILITY.
If any provision of this Act, or an amendment made by this Act, or
the application of such provision to any person or circumstance, is
held to be invalid, the remainder of this Act, or an amendment made by
this Act, or the application of such provision to other persons or
circumstances, shall not be affected.
<all>