[Congressional Record Volume 161, Number 13 (Tuesday, January 27, 2015)]
[House]
[Pages H592-H596]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STOP EXPLOITATION THROUGH TRAFFICKING ACT OF 2015
Mr. SENSENBRENNER. Madam Speaker, I move to suspend the rules and
pass the bill (H.R. 159) to stop exploitation through trafficking, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 159
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 2015''.
SEC. 2. SAFE HARBOR INCENTIVES.
Part Q of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd et seq.) is amended--
(1) in section 1701(c), by striking ``where feasible'' and
all that follows, and inserting the following: ``where
feasible, to an application--
``(1) for hiring and rehiring additional career law
enforcement officers that involves a non-Federal contribution
exceeding the 25 percent minimum under subsection (g); or
``(2) from an applicant in a State that has in effect a law
that--
``(A) 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;
``(B) discourages the charging or prosecution of an
individual described in subparagraph (A) for a prostitution
or sex trafficking offense, based on the conduct described in
subparagraph (A); and
``(C) encourages the diversion of an individual described
in subparagraph (A) to appropriate service providers,
including child welfare services, victim treatment programs,
child advocacy centers, rape crisis centers, or other social
services.''; and
(2) in section 1709, by inserting at the end the following:
``(5) `commercial sex act' has the meaning given the term
in section 103 of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7102).
``(6) `minor' means an individual who has not attained the
age of 18 years.
``(7) `severe form of trafficking in persons' has the
meaning given the term in section 103 of the Victims of
Trafficking and Violence Protection Act of 2000 (22 U.S.C.
7102).''.
SEC. 3. REPORT ON RESTITUTION PAID IN CONNECTION WITH CERTAIN
TRAFFICKING OFFENSES.
Section 105(d)(7)(Q) of the Victims of Trafficking and
Violence Protection Act of 2000 (22 U.S.C. 7103(d)(7)(Q)) is
amended--
(1) by inserting after ``1590,'' the following: ``1591,'';
(2) by striking ``and 1594'' and inserting ``1594, 2251,
2251A, 2421, 2422, and 2423'';
(3) in clause (iv), by striking ``and'' at the end;
(4) in clause (v), by striking ``and'' at the end; and
(5) by inserting after clause (v) the following:
``(vi) the number of individuals required by a court order
to pay restitution in connection with a violation of each
offense under title 18, United States Code, the amount of
restitution required to be paid under each such order, and
the amount of restitution actually paid pursuant to each such
order; and
``(vii) the age, gender, race, country of origin, country
of citizenship, and description of the role in the offense of
individuals convicted under each offense; and''.
SEC. 4. 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
[[Page H593]]
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. 5. JOB CORPS ELIGIBILITY.
Section 144(a)(3) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3194(a)(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. 6. CLARIFICATION OF AUTHORITY OF THE UNITED STATES
MARSHALS SERVICE.
Section 566(e)(1) of title 28, United States Code, is
amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after subparagraph (C), the following:
``(D) assist State, local, and other Federal law
enforcement agencies, upon the request of such an agency, in
locating and recovering missing children.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Wisconsin (Mr. Sensenbrenner) and the gentlewoman from Texas (Ms.
Jackson Lee) each will control 20 minutes.
The Chair recognizes the gentleman from Wisconsin.
General Leave
Mr. SENSENBRENNER. Madam Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and to include extraneous material on H.R. 159, currently
under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. SENSENBRENNER. Madam Speaker, I yield myself such time as I may
consume.
This weekend is one of America's greatest sports traditions--the
Super Bowl. As most Americans huddle around the television, either
rooting for their teams or against the rival as the case may be, sadly,
many American children are huddled on the streets or in hotel rooms--
the victims of sex trafficking.
A sinister side to major sporting events and to other large events is
that a portion of the attendants come looking to abuse young children
as much as they come for the headline events. While no one knows
exactly how much the incidence of child sex trafficking increases
during these events, it is known that pimps do bring children and other
victims from around the country to offer them for sale at the Super
Bowl and at other similar events. During last year's Super Bowl, the
FBI and other law enforcement agencies arrested more than 45
traffickers and rescued 16 child victims of sex trafficking, including
victims as young as 13 years old and some who had been reported missing
by their families.
Compounding this tragedy is the fact that most States have no
exception to their prostitution laws for minor victims of trafficking.
These children must often fear arrest and prosecution when law
enforcement manages to locate and rescue some sex trafficking victims.
This must stop. In recognizing the need for protection and support for
the growing number of child victims of commercial sex trafficking, an
increasing number of States have taken steps to establish so-called
``safe harbor'' provisions that either decriminalize minor prostitution
or divert minor victims to the services and support needed for
recovery.
H.R. 159, the Stop Exploitation Through Trafficking Act, introduced
by Mr. Paulsen of Minnesota and Ms. Moore of my own State of Wisconsin,
seeks to continue this trend by encouraging the States, through
preferential treatment in the Federal COPS grants, to enact safe harbor
legislation that ensures these victims are treated as victims and not
as criminals and that they are directed to support services and not to
detention facilities.
The bill also codifies a ``national human trafficking hotline'' that
ensures young victims are eligible for enrollment in the Job Corps
program. It requires the Attorney General to report on sex offender
convictions, and it clarifies the authority of the U.S. Marshals
Service to help locate and recover missing children, many of whom are
vulnerable to becoming sex trafficking victims.
This bill passed the Judiciary Committee by voice vote. Similar
legislation passed on the House floor unanimously last Congress, but it
was not enacted into law.
There is no such thing as a child prostitute--just victims of
commercial sexual abuse at the hands of adults, so I urge my colleagues
to support H.R. 159.
I reserve the balance of my time.
Committee on Education and the Workforce, House of
Representatives,
Washington, DC, January 26, 2015.
Hon. Bob Goodlatte,
Chairman, Committee on the Judiciary, House of
Representatives, Washington, DC.
Dear Mr. Chairman: I am writing to confirm our mutual
understanding with respect to H.R. 159, the ``Stop
Exploitation Through Trafficking Act of 1015.'' Thank you for
consulting with the Committee on Education and the Workforce
with regard to H.R. 159 on those matters within the
committee's jurisdiction.
In the interest of expediting the House's consideration of
H.R. 159, the Committee on Education and the Workforce will
forgo further consideration of this bill. However, I do so
only with the understanding this procedural route will not be
construed to prejudice my committee's jurisdictional interest
and prerogatives on this bill, or any other similar
legislation, and will not be considered as precedent for
consideration of matters of jurisdictional interest to my
committee in the future.
I respectfully request your support for the appointment of
outside conferees from the Committee on Education and the
Workforce should this bill or a similar bill be considered in
a conference with the Senate. I also request you include our
exchange of letters on this matter in the Congressional
Record during consideration of this bill on the House floor.
Thank you for your attention to these matters.
Sincerely,
John Kline,
Chairman.
____
House of Representatives,
Committee on the Judiciary,
Washington, DC, January 26, 2015.
Hon. John Kline,
Chairman, Committee on Education and the Workforce, Rayburn
House Office Building, Washington, DC.
Dear Chairman Kline, Thank you for your letter regarding
H.R. 159, the ``Stop Exploitation Through Trafficking Act of
2015,'' which the Judiciary Committee ordered reported
favorably to the House on January 21, 2015.
I am most appreciative of your decision to forego
consideration of H.R. 159 so that it may move expeditiously
to the House floor. I acknowledge that although you are
waiving formal consideration of the bill, the Committee on
Education and the Workforce is in no way waiving its
jurisdiction over the subject matter contained in the bill.
In addition, I would support your effort to seek appointment
of an appropriate number of conferees on any House-Senate
conference involving this legislation.
Finally, I am pleased to include a copy of our letters in
the Congressional Record during consideration of H.R. 159.
Sincerely,
Bob Goodlatte,
Chairman.
Ms. JACKSON LEE. Madam Speaker, I yield myself such time as I may
consume.
The manager, Mr. Sensenbrenner, is right. These are certainly both
cases and legislation that, one, we are appalled at with the case
studies that we have seen and with the legislation that we seek in a
bipartisan manner to solve that exploitation.
I rise in support of H.R. 159, the Stop Exploitation Through
Trafficking Act of 2015. The Stop Exploitation Through Trafficking Act
is another weapon in the war against sex trafficking in our country.
Madam Speaker, we are truly at war. As we stand here today, some
child is being sex-trafficked--some runaway who is away from her
family, not able to be found, not finding a place of refuge--falling
into the deadly hands, if you will, of someone who will take advantage
of her almost for the rest of her life. In Houston, I met women who had
engaged in or who had been subjected to that in the early part of their
lives, and they will tell you how it follows them for a long, long
time, so they subject themselves to drugs and alcohol to eliminate the
pain.
This bill contains important victim-based initiatives to help combat
sex trafficking. One of those initiatives,
[[Page H594]]
the national safe harbor law, is essential to making sure that victims
of sex trafficking are not criminalized but, instead, are diverted to
Child Protective Services. Only 12 States have safe harbor laws for
minor victims of sex trafficking. That is far too few. Obviously, we
need all 50 States to have this safe harbor.
My colleagues, there is no such thing as a child prostitute. There
are only child victims of rape. Children cannot give consent. There is
no such thing as a child prostitute. Likewise, it is illegal for adults
to have sex with children, children who by their very ages are under
the age of consent. Sex with a minor, again, is rape. The seriousness
of the offense is not diminished by having the john pay for the sex,
making him feel good. It is still rape. It is time we stopped referring
to the customer--the person having sex with a child--with such a polite
title as a ``john.''
In addition, we must label those who provide the johns with children,
with minors, as what they are--horrific and horrible and vile
criminals. The person who is the john is a rapist, a child rapist. We
must punish those who prey on the vulnerable, and that includes not
only the pimps and the traffickers, but also the rapists.
{time} 1300
On the other hand, in an effort to help their recovery, we must not
continue to victimize the victims. This bill empowers victims by
providing for a national hotline to request help. The importance of
this national hotline must not be underestimated.
In my earlier statement, I spoke of a field hearing that I convened
last March in Houston as a member of the Homeland Security Committee.
During that hearing, Mr. McClelland, the chief of the Houston Police
Department, testified that an 18-year-old victim of human trafficking
contacted the national hotline asking for help to escape her violent
pimp.
The young victim had been forced to have sex with a john who ended up
stabbing her and leaving without paying any money--a stabbing. She was
fearful and wanted to get the money. It was a horrible situation.
While her injuries were not life threatening, she did require medical
attention for her injuries. However, the pimp refused to take her to
get medical treatment, and she owed him to make up the money that the
previous john who stabbed her did not pay.
Vice's human trafficking unit received the information from hotline
personnel and were able to contact, locate, and rescue the young
female. They also arrested the pimp and charged him with felony of
compelling prostitution. Madam Speaker, I wish there was a harsher
charge, but it was good work by the local law enforcement.
Madam Speaker, this story ends well. The young victim was reunited
with family members that same day. This case serves as a great example
of how law enforcement and nongovernmental organizations can
successfully work together to not only rescue victims of human
trafficking, but also arrest the perpetrators of this crime and get
them off the street and away from other victims who are still out
there.
H.R. 159 also helps victims obtain restitution, and this is what I
like: it puts them back on the right track by giving them eligibility
for the Job Corps program, where we have seen lives turn around. It
wants to say to them: You are valuable, you are worthy, and you have a
future.
This bill will help ensure that all victims of sex trafficking are
treated as victims in every State and every jurisdiction. For these
reasons, I join with my colleague, Mr. Sensenbrenner, and urge my
colleagues to support this legislation as well.
Madam Speaker, I rise in support of H.R. 159, the ``Stop Exploitation
Through Trafficking Act of 2015.''
The Stop Exploitation Through Trafficking Act is another weapon in
the war against sex trafficking in our country. This bill contains
important victim-based initiatives to help combat sex trafficking. One
of those initiatives, the National Safe Harbor Law, is essential to
making sure that victims of sex trafficking are not criminalized, but
instead are diverted to child protective services. Only 12 states have
safe harbor laws for minor victims of sex trafficking.
My colleagues, there is no such thing as a ``child prostitute'';
there are only child victims of rape. Likewise, it is illegal for
adults to have sex with children who, by their very age, are under the
age of consent. Sex with a minor is rape! The seriousness of the
offense is not diminished by having the ``john'' pay for the sex. It is
still rape, and it's time we stopped referring to the customer, the
person having sex with a child, with such a polite title as a ``john.''
He is a rapist, a child rapist! We must punish those who prey on the
vulnerable, and that includes not only the pimps and traffickers but
also the rapists.
On the other hand, we must not continue to victimize the victims. In
an effort to help their recovery, this bill empowers victims with a
national hotline to request help. The importance of this national
hotline must not be underestimated.
In my earlier statement, I spoke of a field hearing that the
Committee on Homeland Security held in Houston in March of last year.
During that hearing Mr. Charles McClelland, Jr, Chief of Police, of the
Houston Police Department, testified,
. . . an 18 year old female victim of Human Trafficking . .
. contacted the National Human Trafficking Resource Center
Hotline asking for help to escape her violent pimp. The young
victim had been forced to have sex with a ``john'' who ended
up stabbing her and leaving without paying her any money.
While her injuries were not life threatening, she did require
medical attention for her injuries, however, the pimp refused
to take her to get medical treatment until she earner him
more money to make up for the money that the previous
``john'' did not pay. Vice/Human Trafficking Unit personnel
received the information from Hotline personnel, and were
able to contact, locate, and rescue the young female, and
also arrest the pimp and charge him with felony compelling
prostitution.
Madam Speaker, this story ends well. This young victim was reunited
with family members that same day. This case serves as a great example
of how law enforcement and non-governmental organizations can
successfully work together to not only rescue victims of Human
Trafficking, but also arrest the perpetrators of this crime and get
them off the street and away from other victims who are still out
there.
H.R. 159 also helps victims obtain restitution and grants them
eligibility for Job Corps programs. This bill will help ensure that all
victims of sex trafficking are treated as victims in every state and in
every jurisdiction.
For these reasons I support this bill and urge my colleagues to
support it as well.
Madam Speaker, I reserve the balance of my time.
Mr. SENSENBRENNER. Madam Speaker, I yield such time as he may consume
to the gentleman from Minnesota (Mr. Paulsen), the principal author of
the bill.
Mr. PAULSEN. I thank the gentleman for yielding.
Madam Speaker, it is easy and comfortable to think that sex
trafficking only happens in countries outside the United States. The
truth is that more than 100,000 are at risk of being trafficked for
commercial sex here in the United States each and every year, here in
America.
We have a word for a situation when one group of people is
dehumanized and has their basic human rights snuffed out for someone
else's economic gain. That word is slavery. The problem we have today
is not a thing of the past. It is not from some remote corner of the
world that you can't find on a map.
Slavery in the form of human trafficking is happening right now. It
is happening in our cities, suburbs, and rural communities. It is
happening in each and every one of our congressional districts.
I am sad to say that Minneapolis, Minnesota, my home State, has
actually been listed as one of the 13th largest centers for sexual
exploitation of children in the entire country.
I realize how critical it is to educate our community about what I
have learned from talking to victims like Dayanna, who became a 13-
year-old trafficking victim. Dayanna didn't get a lot of love and
attention from her mother or family.
While she took it upon herself to take care of her brothers and
sisters, she longed for someone to give her love and attention. She
ended up being seduced by a man who promised to be her ``boyfriend.''
Guess what? At age 13, within days after running away with him, she
found herself being trafficked in Chicago and Philadelphia, without a
home and separated from her family. Only a daring jump from a second-
story window actually allowed her to escape.
Many might think that if Dayanna had come from a different family
situation, she wouldn't have been trafficked; sadly, that is not the
case.
[[Page H595]]
I will never forget meeting with the mother of a young woman named
Brittany. Brittany was a very young girl who was violently raped,
murdered, and then found dead in an impound lot last February. Unlike
Dayanna, Brittany had a loving family. She worked with children at a
local recreation center and taught dance lessons.
Despite these circumstances, Brittany was also a victim of sex
trafficking but was too embarrassed to speak out until it was too late.
As Brittany's mother told me: ``It doesn't matter if victims have a
home because if sex trafficking can happen to my daughter, it can
happen to any young girl.''
That is exactly what we are talking about: young girls who are only
12, 13, or 14 years old. They are not old enough to have graduated from
high school. They are not old enough to have voted in an election. They
are not old enough to pass their driver's license exam. In fact, in
most States, these girls would be considered criminals that should be
incarcerated and charged with prostitution instead of being treated as
victims.
We found that criminalization only traumatizes these girls and
actually isolates them from the community and the services that they
need and deserve. That is why, Madam Speaker, we need this legislation,
H.R. 159, the Stop Exploitation Through Trafficking Act, which focuses
on incentivizing States to have safe harbor laws.
Safe harbor laws ensure that these girls are treated as victims. Safe
harbor laws will give legal protection for minor victims and provide
them with specialized social services.
We know that by bringing these victims out of the shadows, we can
make sure they get the services they need, including medical and
psychological treatment, housing, legal services, educational
assistance, job training, and more.
Law enforcement can then focus on actually bringing the perpetrators
of these awful crimes to justice. This bipartisan legislation
incentivizes States to adopt these safe harbor laws, so we can expand
on the successes we have seen in States like Minnesota.
In 2011, Minnesota became the fifth State to approve safe harbor
legislation. After their safe harbor laws went into effect, guess what?
Law enforcement in Minnesota began arresting more johns than ever
before, and human trafficking convictions more than doubled. Best
practices evaluated by law enforcement and victims groups show that
removing the fear of prosecution from victims actually works.
Today, only a little over a dozen States have full safe harbor laws.
We have got to do more to protect these victims and be sure the pimps
and johns are brought to justice.
This legislation also helps victims by codifying a national human
trafficking hotline and making victims eligible for Job Corps services.
By giving them an avenue to access for job skill training, they can
begin to rebuild their lives.
Madam Speaker, the bill also helps law enforcement by allowing the
U.S. Marshals Service to support other State, local, or Federal law
enforcement agencies that are investigating missing child cases.
Finally, the bill increases oversight by requiring additional
reporting to Congress on restitution orders in trafficking cases. These
provisions are all essentially critically important pieces in the
effort to combat sex trafficking.
I want to thank my colleague Gwen Moore from Wisconsin for her
advocacy, passion, and partnership on this legislation and moving it
forward on a bipartisan basis. I also want to thank the leaders of the
Judiciary Committee team who have recognized that this is a top
priority and moved it quickly early in this session of Congress.
I look forward to working with my colleague, Senator Klobuchar from
Minnesota, as well, in passing each and every one of these anti-
trafficking bills and getting them on the President's desk, so we can
continue to save the lives of children.
Ms. JACKSON LEE. Madam Speaker, it is my pleasure to yield 3 minutes
to the distinguished gentlewoman from Wisconsin (Ms. Moore), who has
championed these bills.
Ms. MOORE. I want to thank the gentlewoman from Texas and the
gentleman from Wisconsin.
Madam Speaker, I rise today in support of H.R. 159, the Stop
Exploitation Through Trafficking Act, which has been so diligently
pushed through with the superb partnership of Congressman Erik Paulsen
of Minnesota. It has been a thrill to partner with him throughout this
process.
This is a bipartisan collaboration because, unfortunately, this is a
bipartisan problem. Solving the problem of sexual exploitation of
children will require work on all of our parts because it is a
financial boom. People become multimillionaires in this illicit trade.
Also, the gentlewoman from Texas has worked so diligently to combat
sex trafficking in places like Nigeria, and I joined with her on that
initiative.
It is very disheartening to know that right here, within our own
borders, the FBI estimates that at least 100,000 children in the United
States of America are currently trafficked and another 200,000 are
right on the cusp. They are at risk of sexual exploitation.
These victims are not ``women of the night'' or sexualized women who
are doing it of their own free will--no. The average age of these
victims is 13. It is an embarrassing statistic. It is embarrassing to
report that my own hometown of Milwaukee, Wisconsin, has become known
as a sex trafficking hub for both children and adults.
In 2013 alone, just on a random day, the FBI did a sweep and rescued
10 juvenile girls from sex traffickers in Milwaukee. Trafficking is all
too common in communities across the Nation--from urban settings, rural
settings, suburban settings, and from coast to coast.
Predators victimize vulnerable young people such as those in the
foster care system. They prey upon those living in poverty; but what we
do know is they also seek out higher-income children, going after those
children who may have problems in their own homes. Some are LGBT
identified.
There is no safe harbor for children unless we create it through laws
such as this.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Ms. JACKSON LEE. I yield the gentlewoman an additional 30 seconds.
Ms. MOORE. I am proud of this legislation, I am pleased to cosponsor
it, and I urge all of my colleagues to support H.R. 159.
Mr. SENSENBRENNER. Madam Speaker, we have no further speakers, and I
reserve the balance of my time.
Ms. JACKSON LEE. Madam Speaker, I yield myself the balance of my
time.
In closing, we have all come today with an important project, and
that is to help save our children.
I wouldn't want to leave this very important bill that talks about
saving our children from sex trafficking without letting our colleagues
know that we want every possible act of human trafficking to be
reported at 1-866-347-2423. We want those who are victims to know that
they can seek help, too, at 1-888-373-7888.
The statement we are making is that we are doing everything we can to
extinguish and eliminate this heinous tragedy in our country. I ask my
colleagues to support this legislation and to recognize that we must
stop exploitation through trafficking.
I ask my colleagues to support H.R. 159, and I yield back the balance
of my time.
Mr. SENSENBRENNER. Madam Speaker, I yield myself the balance of my
time.
Madam Speaker, this is another example of bipartisan cooperation in
the House of Representatives. I do wish to commend the principal author
of the bill, Mr. Paulsen from Minnesota, an original cosponsor; Ms.
Moore from Wisconsin; and my colleague, the ranking member of the Crime
Subcommittee, Ms. Jackson Lee of Texas.
We have all worked together. Hopefully, we can send this bill over to
the other body, and they will promptly pass it.
With that, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Wisconsin (Mr. Sensenbrenner) that the House suspend the
rules and pass the bill, H.R. 159, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
[[Page H596]]
____________________