[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2564 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2564

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.


_______________________________________________________________________


                   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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``End Trafficking 
Act of 2014''.

SEC. 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.

SEC. 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.

SEC. 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.

           TITLE I--STOP ADVERTISING VICTIMS OF EXPLOITATION

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Stop Advertising Victims of 
Exploitation Act of 2014'' or the ``SAVE Act of 2014''.

SEC. 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''.

             TITLE II--CHILD TRAFFICKING VICTIMS PROTECTION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Child Trafficking Victims 
Protection Act''.

SEC. 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:

                ``PART LL--TRAFFICKING SURVIVORS' COURTS

``SEC. 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.

``SEC. 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.

``SEC. 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.

``SEC. 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.

``SEC. 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.''.

SEC. 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.

SEC. 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''.

SEC. 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.

SEC. 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.

SEC. 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.''.

SEC. 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.''.

SEC. 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.''.
                                 <all>