[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1733 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1733

               To stop exploitation through trafficking.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 19, 2013

  Ms. Klobuchar (for herself, Mr. Cornyn, Ms. Heitkamp, and Mr. Kirk) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 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>