[House Report 113-450]
[From the U.S. Government Publishing Office]
113th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 113-450
======================================================================
JUSTICE FOR VICTIMS OF TRAFFICKING ACT OF 2014
_______
May 15, 2014.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Goodlatte, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 3530]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 3530) to provide justice for the victims of
trafficking, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
CONTENTS
Page
The Amendment.................................................... 1
Purpose and Summary.............................................. 7
Background and Need for the Legislation.......................... 8
Hearings......................................................... 10
Committee Consideration.......................................... 10
Committee Votes.................................................. 10
Committee Oversight Findings..................................... 10
New Budget Authority and Tax Expenditures........................ 10
Congressional Budget Office Cost Estimate........................ 10
Duplication of Federal Programs.................................. 14
Disclosure of Directed Rule Makings.............................. 14
Performance Goals and Objectives................................. 14
Advisory on Earmarks............................................. 14
Section-by-Section Analysis...................................... 14
Changes in Existing Law Made by the Bill, as Reported............ 17
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for Victims of Trafficking Act
of 2014''.
39-006
SEC. 2. AVAILABILITY OF SUMS IN CRIME VICTIMS FUND.
Section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601) is
amended in subsection (d) by inserting before paragraph (2) the
following:
``(1) Of the amounts available in the Fund, exactly--
``(A) $805,000,000 shall be available for obligation
in fiscal year 2016;
``(B) $825,000,000 shall be available for obligation
in fiscal year 2017;
``(C) $845,000,000 shall be available for obligation
in fiscal year 2018;
``(D) $866,000,000 shall be available for obligation
in fiscal year 2019; and
``(E) $890,000,000 shall be available for obligation
in fiscal year 2020.''.
SEC. 3. VICTIM-CENTERED SEX TRAFFICKING DETERRENCE GRANT PROGRAM.
Section 203 of the Trafficking Victims Protection Reauthorization Act
of 2005 (42 U.S.C. 14044b) is amended--
(1) by redesignating subsection (g) as subsection (j);
(2) by striking subsections (a) through (f), and inserting
the following:
``(a) Grants Authorized.--The Attorney General may make grants to
eligible entities to develop, improve, or expand comprehensive domestic
child human trafficking deterrence programs that assist law enforcement
officers, prosecutors, judicial officials, and qualified victims'
services organizations in collaborating to rescue and restore the lives
of victims, while investigating and prosecuting offenses involving
child human trafficking.
``(b) Authorized Activities.--Grants awarded under subsection (a) may
be used for--
``(1) the establishment or enhancement of specialized
training programs for law enforcement officers, first
responders, health care officials, child welfare officials,
juvenile justice personnel, prosecutors, and judicial personnel
to--
``(A) identify victims and acts of child human
trafficking;
``(B) address the unique needs of victims of child
human trafficking;
``(C) facilitate the rescue of victims of child human
trafficking;
``(D) investigate and prosecute acts of child human
trafficking, including the soliciting, patronizing, or
purchasing of commercial sex acts from children, as
well as training to build cases against complex
criminal networks involved in child human trafficking;
and
``(E) implement and provide education on safe harbor
laws enacted by States, aimed at preventing the
criminalization and prosecution of victims of child
human trafficking for prostitution offenses;
``(2) the establishment or enhancement of dedicated anti-
child human trafficking law enforcement units and task forces
to investigate child human trafficking offenses and to rescue
victims, including--
``(A) funding salaries, in whole or in part, for law
enforcement officers, including patrol officers,
detectives, and investigators, except that the
percentage of the salary of the law enforcement officer
paid for by funds from a grant awarded under this
section shall not be more than the percentage of the
officer's time on duty that is dedicated to working on
cases involving child human trafficking;
``(B) investigation expenses for cases involving
child human trafficking, including--
``(i) wire taps;
``(ii) consultants with expertise specific to
cases involving child human trafficking;
``(iii) travel; and
``(iv) other technical assistance
expenditures;
``(C) dedicated anti-child human trafficking
prosecution units, including the funding of salaries
for State and local prosecutors, including assisting in
paying trial expenses for prosecution of child human
trafficking offenses, except that the percentage of the
total salary of a State or local prosecutor that is
paid using an award under this section shall be not
more than the percentage of the total number of hours
worked by the prosecutor that is spent working on cases
involving child human trafficking; and
``(D) the establishment of child human trafficking
victim witness safety, assistance, and relocation
programs that encourage cooperation with law
enforcement investigations of crimes of child human
trafficking by leveraging existing resources and
delivering child human trafficking victims' services
through coordination with--
``(i) child advocacy centers;
``(ii) social service agencies;
``(iii) State governmental health service
agencies;
``(iv) housing agencies;
``(v) legal services agencies; and
``(vi) non-governmental organizations and
shelter service providers with substantial
experience in delivering services to victims of
child human trafficking;
``(3) the establishment or enhancement of problem solving
court programs for child human trafficking victims that
include--
``(A) continuing judicial supervision of victims of
child human trafficking who have been identified by a
law enforcement or judicial officer as a potential
victim of child human trafficking, regardless of
whether the victim has been charged with a crime
related to human trafficking;
``(B) the development of specialized and
individualized treatment programs for identified
victims of child human trafficking, including--
``(i) State-administered outpatient
treatment;
``(ii) life skills training;
``(iii) housing placement;
``(iv) vocational training;
``(v) education;
``(vi) family support services; and
``(vii) job placement; and
``(C) collaborative efforts with child advocacy
centers, child welfare agencies, shelters, and non-
governmental organizations to provide services to
victims and encourage cooperation with law enforcement;
and
``(4) the establishment or enhancement of victims' services
programs for victims of child human trafficking, which offer
services including--
``(A) residential care, including temporary or long-
term placement, as appropriate;
``(B) 24-hour emergency social services response
systems; and
``(C) counseling and case management services.
``(c) Application.--
``(1) In general.--An eligible entity shall submit an
application to the Attorney General for a grant under this
section in such form and manner as the Attorney General may
require.
``(2) Required information.--An application submitted under
this subsection shall--
``(A) disclose--
``(i) any other grant funding from the
Department of Justice or from any other Federal
department or agency for purposes similar to
those described in subsection (b) for which the
eligible entity has applied, and which
application is pending on the date of the
submission of an application under this
section; and
``(ii) any other such grant funding that the
eligible entity has received during the 5 year
period prior to the date of the submission of
an application under this section;
``(B) describe the activities for which assistance
under this section is sought;
``(C) include a detailed plan for the use of funds
awarded under the grant; and
``(D) provide such additional information and
assurances as the Attorney General determines to be
necessary to ensure compliance with the requirements of
this section.
``(3) Preference.--In reviewing applications submitted in
accordance with paragraphs (1) and (2), the Attorney General
shall give preference to grant applications if--
``(A) the application includes a plan to use awarded
funds to engage in all activities described under
paragraphs (1) and (2) of subsection (b); or
``(B) the application includes a plan by the State or
unit of local government to continue funding of all
activities funded by the award after the expiration of
the award.
``(d) Duration and Renewal of Award.--
``(1) In general.--A grant under this section shall expire 1
year after the date of award of the grant.
``(2) Renewal.--A grant under this section shall be renewable
not more than 3 times and for a period of not greater than 1
year.
``(e) Evaluation.--The Attorney General shall enter into a contract
with an academic or non-profit organization that has experience in
issues related to child human trafficking and evaluation of grant
programs to conduct an annual evaluation of grants made under this
section to determine the impact and effectiveness of programs funded
with grants awarded under this section, and shall submit any such
evaluation to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate.
``(f) Oversight and Accountability.--An eligible entity that receives
a grant under this section is subject to the requirements of section 10
of the Justice for Victims of Trafficking Act of 2014.
``(g) Administrative Cap.--The cost of administering the grants
authorized by this section shall not exceed 5 percent of the total
amount appropriated to carry out this section.
``(h) Federal Share.--The Federal share of the cost of a program
funded by a grant awarded under this section may not exceed--
``(1) 70 percent in the first year;
``(2) 60 percent in the second year; and
``(3) 50 percent in the third year.
``(i) Definitions.--In this section--
``(1) the term `child' means a person under the age of 18;
``(2) the term `child advocacy center' means a center created
under subtitle A of the Victims of Child Abuse Act of 1990 (42
U.S.C. 13001 et seq.);
``(3) the term `child human trafficking' means 1 or more
severe forms of trafficking in persons (as defined in section
103 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102)) involving a victim who is a child; and
``(4) the term `eligible entity' means a State or unit of
local government that--
``(A) has significant criminal activity involving
child human trafficking;
``(B) has demonstrated cooperation between Federal,
State, local, and, where applicable, tribal law
enforcement agencies, prosecutors, and social service
providers in addressing child human trafficking; and
``(C) has developed a workable, multi-disciplinary
plan to combat child human trafficking.''; and
(3) in subsection (j) (as so redesignated)--
(A) by striking ``Secretary of Health and Human
Services'' and inserting ``Attorney General, in
consultation with the Secretary of Health and Human
Services,''; and
(B) by striking ``fiscal years 2008 through 2011''
and inserting ``fiscal years 2015 through 2019''.
SEC. 4. AMENDMENTS TO THE VICTIMS OF CHILD ABUSE ACT OF 1990.
(a) Reauthorization of Victims of Child Abuse Act of 1990.--Section
214B of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13004) is
amended--
(1) in subsection (a), by striking ``fiscal years 2004 and
2005'' and inserting ``fiscal years 2015 through 2019''; and
(2) in subsection (b), by striking ``fiscal years 2004 and
2005'' and inserting ``fiscal years 2015 through 2019''.
(b) Direct Services for Victims of Child Pornography.--The Victims of
Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.) is amended--
(1) in section 212(5) (42 U.S.C. 13001a(5)), by inserting ``,
including human trafficking and the production of child
pornography'' before the semicolon at the end; and
(2) in section 214 (42 U.S.C. 13002)--
(A) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(B) by inserting after subsection (a) the following:
``(b) Direct Services for Victims of Child Pornography.--The
Administrator, in coordination with the Director and with the Director
of the Office of Victims of Crime, may make grants to develop and
implement specialized programs to identify and provide direct services
to victims of child pornography.''.
(c) Oversight and Accountability.--
(1) Local children's advocacy centers.--Section 214 of the
Victims of Child Abuse Act of 1990 (42 U.S.C. 13002), as
amended by this Act, is further amended by inserting at the end
the following:
``(f) Oversight and Accountability.--
``(1) Accountability requirement.--A grant recipient under
this section is subject to the requirements of section 10 of
the Justice for Victims of Trafficking Act of 2014.
``(2) Disclosure of additional sources of federal funding.--
An application for a grant under this section shall disclose--
``(A) any other grant funding from the Department of
Justice or from any other Federal department or agency
for purposes similar to those described in subsection
(a) for which the entity has applied, and which
application is pending on the date of the submission of
an application under this section; and
``(B) any other such grant funding that the entity
has received during the 5 year period prior to the date
of the submission of an application under this
section.''.
(2) Grants for specialized technical assistance and training
programs.--Section 214A of the Victims of Child Abuse Act of
1990 (42 U.S.C. 13003) is amended by inserting at the end the
following:
``(d) Oversight and Accountability.--
``(1) Accountability requirement.--A grant recipient under
this section is subject to the requirements of section 10 of
the Justice for Victims of Trafficking Act of 2014.
``(2) Disclosure of additional sources of federal funding.--
An application for a grant under this section shall disclose--
``(A) any other grant funding from the Department of
Justice or from any other Federal department or agency
for purposes similar to those described in subsection
(a) for which the organization has applied, and which
application is pending on the date of the submission of
an application under this section; and
``(B) any other such grant funding that the
organization has received during the 5 year period
prior to the date of the submission of an application
under this section.''.
SEC. 5. STREAMLINING STATE AND LOCAL HUMAN TRAFFICKING INVESTIGATIONS.
Section 2516(2) of title 18, United States Code, is amended by
inserting ``human trafficking, child sexual exploitation, child
pornography production,'' after ``kidnapping,''.
SEC. 6. ENHANCING HUMAN TRAFFICKING REPORTING.
Section 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) is
amended--
(1) in paragraph (2), by striking ``and'' at the end; and
(2) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by
striking ``paragraph (2)'' and inserting ``paragraph
(3)'';
(B) in subparagraph (A), by inserting ``and a
photograph taken within the previous 180 days'' after
``dental records'';
(C) in subparagraph (B), by striking ``and'' at the
end;
(D) by redesignating subparagraph (C) as subparagraph
(D); and
(E) by inserting after subparagraph (B) the
following:
``(C) notify the National Center for Missing and
Exploited Children of each report received relating to
a child reported missing from a foster care family home
or childcare institution; and''.
SEC. 7. REDUCING DEMAND FOR SEX TRAFFICKING.
(a) In General.--Section 1591 of title 18, United States Code, is
amended--
(1) in subsection (a)(1), by striking ``or maintains'' and
inserting ``maintains, patronizes, or solicits'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``or obtained'' and
inserting ``obtained, patronized, or solicited''; and
(B) in paragraph (2), by striking ``or obtained'' and
inserting ``obtained, patronized, or solicited''; and
(3) in subsection (c)--
(A) by striking ``or maintained'' and inserting ``,
maintained, patronized, or solicited''; and
(B) by striking ``knew that the person'' and
inserting ``knew, or recklessly disregarded the fact,
that the person''.
(b) Definition Amended.--Section 103(10) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102(10)) is amended by striking ``or
obtaining'' and inserting ``obtaining, patronizing, or soliciting''.
SEC. 8. USING EXISTING TASK FORCES TO TARGET OFFENDERS WHO EXPLOIT
CHILDREN.
Not later than 180 days after the date of enactment of this Act, the
Attorney General shall ensure that all task forces and working groups
within the Violent Crimes Against Children Program engage in
activities, programs, or operations to increase the investigative
capabilities of State and local law enforcement officers in the
detection, investigation, and prosecution of persons who patronize, or
solicit children for sex.
SEC. 9. HOLDING SEX TRAFFICKERS ACCOUNTABLE.
Section 2423(g) of title 18, United States Code, is amended by
striking ``a preponderance of the evidence'' and inserting ``clear and
convincing evidence''.
SEC. 10. OVERSIGHT AND ACCOUNTABILITY.
(a) Audit Requirement.--In fiscal year 2015, and each fiscal year
thereafter, the Inspector General of the Department of Justice shall
conduct audits of covered grantees to prevent waste, fraud, and abuse
of such funds. The Inspector General shall determine the appropriate
number of covered grantees to be audited each year.
(b) Mandatory Exclusion.--A covered grantee that is found to have an
unresolved audit finding shall not be eligible for an allocation of
grant funds from the covered grant program from which it received a
grant award during the first 2 fiscal years beginning after the end of
the 12-month period described in subsection (g)(3).
(c) Reimbursement.--If a covered grantee is awarded funds under the
covered grant program from which it received a grant award during the
2-fiscal year period during which the covered grantee is ineligible for
an allocation of grant funds as a result of subsection (b), the
Attorney General shall--
(1) deposit an amount equal to the amount of the grant funds
that were improperly awarded to the covered grantee into the
General Fund of the Treasury; and
(2) seek to recoup the costs of the repayment to the Fund
from the covered grantee that was erroneously awarded grant
funds.
(d) Nonprofit Organization Requirements.--
(1) Definition.--For purposes of this section, the term
``nonprofit'', when used with respect to an organization, means
an organization that is described in section 501(c)(3) of the
Internal Revenue Code of 1986 and is exempt from taxation under
section 501(a) of such Code.
(2) Prohibition.--A nonprofit organization that holds money
in offshore accounts for the purpose of avoiding paying the tax
described in section 511(a) of the Internal Revenue Code of
1986, shall not be eligible to receive, directly or indirectly,
any funds from a covered grant program.
(3) Disclosure.--Each nonprofit organization that is a
covered grantee shall disclose in its application for such a
grant, as a condition of receipt of such a grant, the
compensation of its officers, directors, and trustees. Such
disclosure shall include a description of the criteria relied
upon to determine such compensation.
(e) Conference Expenditures.--
(1) Limitation.--No amounts made available under a covered
grant program may be used to host or support a conference that
uses more than $20,000 in funds made available by the
Department of Justice unless the Deputy Attorney General or the
appropriate Assistant Attorney General, Director, or principal
deputy (as designated by the Deputy Attorney General) provides
prior written approval that the funds may be expended to host
or support such conference, except that a conference that uses
more than $20,000 in such funds, but less than $500 in such
funds for each attendee of the conference, shall not be subject
to the limitation under this paragraph.
(2) Written approval.--Written approval under paragraph (1)
shall include a written estimate of all costs associated with
the conference, including the cost of all food, beverages,
audio-visual equipment, honoraria for speakers, and
entertainment.
(3) Report.--The Deputy Attorney General shall submit an
annual report to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives on all conference expenditures approved under
this subsection.
(f) Prohibition on Lobbying Activity.--
(1) In general.--Amounts made available under a covered grant
program may not be used by any covered grantee to--
(A) lobby any representative of the Department of
Justice regarding the award of grant funding; or
(B) lobby any representative of the Federal
Government or a State, local, or tribal government
regarding the award of grant funding.
(2) Penalty.--If the Attorney General determines that a
covered grantee has violated paragraph (1), the Attorney
General shall--
(A) require the covered grantee to repay the grant in
full; and
(B) prohibit the covered grantee from receiving a
grant under the covered grant program from which it
received a grant award during at least the 5-year
period beginning on the date of such violation.
(g) Definitions.--In this section, the following definitions apply:
(1) The term ``covered grant program'' means the following:
(A) The grant program under section 203 of the
Trafficking Victims Protection Reauthorization Act of
2005 (42 U.S.C. 14044b).
(B) The grant programs under section 214 and 214A of
the Victims of Child Abuse Act of 1990 (42 U.S.C.
13002, 13003).
(2) The term ``covered grantee'' means a recipient of a grant
from a covered grant program.
(3) The term ``unresolved audit finding'' means an audit
report finding in a final audit report of the Inspector General
of the Department of Justice that a covered grantee has used
grant funds awarded to that grantee under a covered grant
program for an unauthorized expenditure or otherwise
unallowable cost that is not closed or resolved during the 12-
month period beginning on the date on which the final audit
report is issued.
SEC. 11. CRIME VICTIMS' RIGHTS.
(a) In General.--Section 3771 of title 18, United States Code, is
amended--
(1) in subsection (a), by adding at the end the following:
``(9) The right to be informed in a timely manner of any plea
bargain or deferred prosecution agreement.
``(10) The right to be informed of the rights under this
section and the services described in section 503(c) of the
Victims' Rights and Restitution Act of 1990 (42 U.S.C.
10607(c)) and provided contact information for the Office of
the Victims' Rights Ombudsman of the Department of Justice.'';
(2) in subsection (d)(3), in the fifth sentence, by inserting
``, unless the litigants, with the approval of the court, have
stipulated to a different time period for consideration''
before the period; and
(3) in subsection (e)--
(A) by striking ``this chapter, the term'' and
inserting the following: ``this chapter:
``(1) Court of appeals.--The term `court of appeals' means--
``(A) the United States court of appeals for the
judicial district in which a defendant is being
prosecuted; or
``(B) for a prosecution in the Superior Court of the
District of Columbia, the District of Columbia Court of
Appeals.
``(2) Crime victim.--
``(A) In general.--The term'';
(B) by striking ``In the case'' and inserting the
following:
``(B) Minors and certain other victims.--In the
case''; and
(C) by adding at the end the following:
``(3) District court; court.--The terms `district court' and
`court' include the Superior Court of the District of
Columbia.''.
(b) Appellate Review of Petitions Relating to Crime Victims'
Rights.--
(1) In general.--Section 3771(d)(3) of title 18, United
States Code, as amended by subsection (a)(2) of this section,
is amended by inserting after the fifth sentence the following:
``In deciding such application, the court of appeals shall
apply ordinary standards of appellate review.''.
(2) Application.--The amendment made by paragraph (1) shall
apply with respect to any petition for a writ of mandamus filed
under section 3771(d)(3) of title 18, United States Code, that
is pending on the date of enactment of this Act.
SEC. 12. SENSE OF CONGRESS.
It is the sense of Congress that child human trafficking (as such
term is defined in section 203(h) of the Trafficking Victims Protection
Reauthorization Act of 2005 (42 U.S.C. 14044b), as added by this Act)
has no place in a civilized society, and that persons who commit crimes
relating to child human trafficking should be prosecuted to the fullest
extent of the law.
Purpose and Summary
H.R. 3530, as reported, is a comprehensive response to the
growing crime of minor sex trafficking. Among other things,
this legislation addresses victim services and provides
additional resources to law enforcement through the new victim-
centered grant program; helps to facilitate these
investigations by providing that sex trafficking and other
similar crimes are predicate offenses for state wiretap
applications; addresses the demand side of this crime by
clarifying that under existing 18 U.S.C. Sec. 1591, it is a
Federal crime to solicit or patronize for sex minors, or adults
who are involved in the sex trade through force, fraud, or
coercion; and reauthorizes the funding stream for Child
Advocacy Centers, which are often the first line of service
providers for the victims of this and other crimes.
Background and Need for the Legislation
According to the Federal Bureau of Investigation, sex
trafficking is the fastest-growing business of organized crime
and the third-largest criminal enterprise in the world.\1\
Because this crime usually occurs outside of the public eye, it
is difficult to estimate the number of minor victims of sex
trafficking.\2\
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\1\See Amanda Walker-Rodriguez & Rodney Hill, The FBI, FBI Law
Enforcement Bulletin: Human Sex Trafficking, Mar. 2011, available at
http://www.fbi.gov/stats-services/publications/law-enforcement-
bulletin/march_2011/human_sex_trafficking.
\2\Starting in January 2013, the FBI began collecting data
regarding sex trafficking specifically as part of its Uniform Crime
Report program. This information should help to provide a more fulsome
picture of the impact of minor sex trafficking nationwide. See fbi, UCR
Program Continues to Adapt, Evolve, http://www.fbi.gov/about-us/cjis/
cjis-link/september-2011/ucr-program-continues-to-adapt-evolve.
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The problem, however, is extensive. Demand for the
prostitution (and other forms of commercial sexual
exploitation) of children is steady, and profit to sex pimps
(or more aptly called ``traffickers''), has increased. One
study estimates that over 290,000 American youth are at risk of
becoming a victim of sex trafficking, and the National Center
for Missing and Exploited Children estimates that one of every
seven endangered runaways reported to the Center are likely
victims of minor sex trafficking.\3\ And, from 2004 through
2008, the Internet Crimes Against Children Task Forces have
experienced an increase of more than 900 percent in the number
of child victims of prostitution.\4\
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\3\Oversight Hearing: The State of Efforts to Stop Human
Trafficking, H. Subcomm. on Commerce, Justice, Science, and Related
Agencies of the H. Comm. on Appropriations, 113th Congress (statement
of John Ryan, CEO, National Center for Missing and Exploited Children).
\4\U.S. Department of Justice, The National Strategy for Child
Exploitation Prevention and Interdiction, 32, 2010, available at http:/
/www.justice.gov/psc/docs/natstrategyreport.pdf.
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Victims of sex trafficking are exploited by traffickers who
may operate alone or as part of a criminal network. Shared Hope
International estimates that human trafficking in the United
States is a $9.8 billion industry.\5\ It is more profitable for
a trafficker to sell the sexual services of a child or adult
than to commit other crimes such as dealing in drugs--drugs can
only be sold once, whereas victims can be, and are, prostituted
multiple times a day.\6\ In fact, traffickers will often set
daily monetary quotas for their victims, usually ranging
between $500 and $1,000, which goes to the trafficker and not
the victim. Failure to meet these quotas can result in violence
and other types of retaliation against the victim.\7\
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\5\Shared hope international, Domestic Minor Sex Trafficking in the
U.S., http://sharedhope.org/wp-content/uploads/2013/11/
DMSTinfographic.pdf.
\6\U.S. Department of Justice, supra note 4 at 32-33.
\7\Domestic Sex Trafficking: The Criminal Operations of the
American Pimp, Polaris Project, available at http://
www.dcjs.virginia.gov/victims/humantrafficking/vs/documents/Domestic_
Sex_Trafficking_Guide.pdf.
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Many traffickers increase their profits by working together
and sharing information about ``hot spots'' where there may be
higher demand or areas of increased police activity to avoid.
For example, traffickers will often transport their victims to
cities that are hosting major sporting events or conventions in
order to find increased demand. The practice of moving children
from city to city also makes it more difficult for law
enforcement to investigate and stop trafficking enterprises.
The average age of minors entering the sex trade is between
12 and 14 years.\8\ Traffickers often target vulnerable youth,
who are more easily lured into prostitution and other forms of
child exploitation. For example, runaways and children in the
foster care system are particularly vulnerable to becoming
victims of sex trafficking--one federally funded study found
that approximately 1.7 million youth had run away from home or
were forced to leave their homes at some point in 1999, and
that, while away from home, an estimated 38,600 (2.2%) of these
youth were sexually assaulted, were in the company of someone
known to be sexually abusive, or were engaged in sexual
activity in exchange for money, drugs, food, or shelter.\9\
Victims of minor sex trafficking, however, are not always
runaways or in foster homes. Instead, these victims can and do
come from any type of home or socioeconomic background.\10\
---------------------------------------------------------------------------
\8\Rights4girls, Trafficking of Girls, http://www.rights4girls.org/
#!trafficking-of-girls/cthj.
\9\Heather Hammer, David Finkelhor, & Andrea J. Sedlak, U.S.
Department of Justice Office of Juvenile Justice and Delinquency
Prevention, OJJDP NISMART Bulletin Runaway/Thrownaway Children:
National Estimates and Characteristics, Oct. 2002, available at https:/
/www.ncjrs.gov/pdffiles1/ojjdp/196469.pdf.
\10\See ``You're Pretty--You Could Make Some Money,'' Washingtonian
Mag., June 10, 2013 (discussing the growth of minor sex trafficking
victims coming from ``the affluent Northern Virginia suburbs'').
---------------------------------------------------------------------------
Traffickers are often able to lure victims with false
promises to address their emotional and physical
vulnerabilities. These manipulative, abusive, and traumatizing
relationships, however, can help to ensure that the victims
will remain loyal to their traffickers in spite of their
victimization. Other reasons that victims are often unable to
leave their traffickers include being kept in captivity or
confinement, the use of violence and threats, debt bondage, and
fear of retaliation or arrest.\11\ This applies not only to
child victims but also adults who, by force, fraud, or
coercion, are victims of traffickers.
---------------------------------------------------------------------------
\11\See Domestic Sex Trafficking: The Criminal Operations of the
American Pimp, supra note 7.
---------------------------------------------------------------------------
The investigation and prosecution of human trafficking has
often been carried out by state and local law enforcement.
Congress has focused recent attention on domestic sex
trafficking of children, which includes commercial sex acts
involving children under the age of 18. Under the Victims of
Trafficking and Violence Protection Act of 2000 (TVPA), the
primary law that addresses trafficking, sex trafficking of
children in interstate commerce is a Federal crime.\12\
Further, regardless of whether a child is believed to have
consented to sex or whether the child represents himself or
herself as an adult, the child is considered a trafficking
victim under Federal law.\13\
---------------------------------------------------------------------------
\12\P.L. 106-386.
\13\18 U.S.C. Sec. 1591.
---------------------------------------------------------------------------
While much of the efforts to combat this crime have focused
on the supply-side of sex trafficking, it is also a Federal
(and state) crime to purchase sex with a minor.\14\ There is no
uniform profile of a buyer of commercial sex with a minor,
making buyers particularly difficult to identify. Research has
suggested that these predators are often encouraged by online
solicitations, temptations, and exploitation. In addition to
those actively seeking out sex with minors, some buyers may
engage in sex with minors unknowingly, to wit, those
perpetrators may assume that a prostituted individual is an
adult, not a child. Alternatively, they may or may not inquire
about the age of that individual and may still decide to engage
in a sex act even if she or he is a minor.\15\
---------------------------------------------------------------------------
\14\United States v. Jungers, 702 F.3d 1066, 1075 (8th Cir. 2013)
(holding that purchasers of minor sex services can be held criminally
liable under 18 U.S.C. Sec. 1591. See also United States Attorney's
office for the Western District of Missouri, lebanon man sentenced to
20 years for coercing a minor to become a sex slave (announcing the
conviction of sex trafficking customers), available at http://
www.justice.gov/usao/mow/news2013/bagley.sen.html (announcing the
conviction of sex trafficking customers).
\15\See generally Malika Saada Saar, There is No Such Thing As A
Child Prostitute, Wash. Post, Feb, 17, 2014 (discussing Tami, who
pleaded with her purchasers for months to take her to the police
because she was a minor, but none did), available at http://
www.washingtonpost.com/opinions/there-is-no-such-thing-as-a-child-
prostitute/2014/02/14/631ebd26-8ec7-11e3-b227-12a45d109e03_story.html
---------------------------------------------------------------------------
Hearings
The Committee on the Judiciary held no hearings on H.R.
3530.
Committee Consideration
On April 30, 2014, the Committee met in open session and
ordered the bill H.R. 3530 favorably reported with an
amendment, by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 3530.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 3530, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 13, 2014.
Hon. Bob Goodlatte, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3530, the
``Justice for Victims of Trafficking Act of 2014.''
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 3530--Justice for Victims of Trafficking Act of 2014.
As ordered reported by the House Committee on the Judiciary
on April 30, 2014.
SUMMARY
H.R. 3530 would authorize the appropriation of $25 million
annually over the 2015-2019 period for the Department of
Justice (DOJ) to provide grants to states and other recipients
aimed at improving the enforcement of laws against human
trafficking and to assist victims of such crimes. The bill also
would establish levels of funding for 2016 through 2020 for
DOJ's Crime Victims Fund.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing H.R. 3530 would cost $125 million
over the 2015-2024 period. We estimate that enacting the bill
would not change total direct spending over the 2015-2024
period; it would reduce such spending during the 2016-2021
period and increase it over the subsequent years. We also
estimate that bill would have an insignificant effect on
revenues. Pay-as-you-go procedures apply because enacting the
legislation would affect direct spending and revenues.
H.R. 3530 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary impact of H.R. 3530 is shown in the
following table. The costs of this legislation fall within
budget function 750 (administration of justice).
By Fiscal Year, in Millions of Dollars
--------------------------------------------------------------------------------------------------------------------------------------------------------
2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2015-2019 2015-2024
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
DOJ Grants
Authorization Level 25 25 25 25 25 0 0 0 0 0 125 125
Estimated Outlays 4 11 17 21 25 22 14 8 4 0 78 125
CHANGES IN DIRECT SPENDING
Crime Victims Fund
Estimated Budget Authority 0 -1,819 -875 -755 -634 -610 4,693 0 0 0 -4,083 0
Estimated Outlays 0 -73 -435 -859 -1,207 -769 -463 572 1,405 1,830 -2,574 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
BASIS OF ESTIMATE
Spending Subject to Appropriation
CBO estimates that implementing the bill would cost $125
million over the 2015-2023 period. We assume that the bill will
be enacted by the end of 2014, the authorized amounts will be
provided each year, and spending will follow historical
patterns for these programs.
H.R. 3530 would authorize the appropriation of a total of
$25 million annually over the 2015-2019 period for DOJ grants,
as follows:
L$5 million annually for state and local
governments to improve the investigation and
prosecution of child trafficking crimes and to assist
victims;
L$15 million annually to support children's
advocacy centers; and
L$5 million annually for programs to train and
assist attorneys and other personnel who prosecute
child abuse cases in state and Federal courts.
Direct Spending
Collections of most Federal criminal penalties are recorded
in the budget as revenues, deposited into the Crime Victims
Fund, and later spent without further appropriation. In recent
years deposits have ranged from $1.5 billion (in 2013) to
nearly $2.8 billion (in 2012). For many years, however, the
Congress has enacted annual caps on obligations from the fund
at amounts ranging from $500 million to $745 million. As a
result, large unobligated balances, currently estimated to
total about $11 billion, have accumulated in the Crime Victims
Fund. We estimate that annual receipts to this fund will
average about $1.6 billion a year over the 2014-2024 period.
Under current law all of those amounts-unobligated balances
and annual collections-are available to be spent after 2014.
CBO estimates that, without any limitations, outlays from the
fund would be about $26 billion over the 2015-2024 period. H.R.
3530 would set caps on future obligations from the Crime
Victims Fund as follows:
L$805 million for 2016,
L$825 million for 2017,
L$845 million for 2018,
L$866 million for 2019, and
L$890 million for 2020.
CBO estimates that those limitations would result in a
decrease in spending from the fund over the 2016-2021 period,
but an increase in spending in later years. Over the 2015-2024
period, CBO estimates, there would be no net change in direct
spending from enacting H.R. 3530.
Revenues
H.R. 3530 would broaden the coverage of current laws
against sex trafficking. As a result, the government might be
able to pursue cases that it otherwise would not be able to
prosecute. Because those prosecuted and convicted under the
bill could be subject to criminal fines, the Federal government
might collect additional fines if the legislation is enacted.
Criminal fines are recorded as revenues, deposited in the Crime
Victims Fund, and later spent. CBO expects that any additional
revenues (or direct spending) would not be significant because
of the small number of cases likely to be affected.
PAY-AS-YOU-GO CONSIDERATIONS
The Statutory Pay-As-You-Go Act of 2010 establishes budget-
reporting and enforcement procedures for legislation affecting
direct spending or revenues. The net changes in outlays and
revenues that are subject to those pay-as-you-go procedures are
shown in the following table.
_______________________________________________________________________
CBO Estimate of Pay-As-You-Go Effects for H.R. 3530 as ordered reported
by the House Committee on the Judiciary on April 30, 2014
_______________________________________________________________________
By Fiscal Year, in Millions of Dollars
--------------------------------------------------------------------------------------------------------------------------------------------------------
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2014-2019 2014-2024
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE OR DECREASE (-) IN THE ON-BUDGET DEFICIT
Statutory Pay-As-You-Go Impact 0 0 -73 -435 -859 -1,207 -769 -463 572 1,405 1,830 -2,574 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
H.R. 3530 contains no intergovernmental or private-sector
mandates as defined in UMRA. State and local governments would
benefit from grants authorized in the bill. Any costs to those
governments would be incurred voluntarily as a condition of
Federal assistance.
ESTIMATE PREPARED BY:
Federal Spending: Mark Grabowicz
Impact on State, Local, and Tribal Governments: Melissa Merrell
Impact on the Private Sector: Paige Piper/Bach
ESTIMATE APPROVED BY:
Theresa Gullo
Deputy Assistant Director for Budget Analysis
Duplication of Federal Programs
No provision of H.R. 3530 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 3530 specifically directs
to be completed no specific rule makings within the meaning of
5 U.S.C. 551.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives,
H.R.3530 is a comprehensive response to the growing crime of
minor sex trafficking that focuses on prosecuting offenders and
providing assistance and services to victims.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 3530 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Short Title. This section cites the short title of
the bill as the ``Justice for Victims of Trafficking Act of
2014.''
Sec. 2. Availability of Sums in Crime Victims Fund. This
section increases the obligation cap for the Justice
Department's Crime Victims Fund by approximately 2.5 percent
per years for fiscal years 2016 through 2020, ultimately
reaching $890 million per year. The Crime Victims Fund is
funded through Federal criminal fines, forfeited bail bonds,
penalties, and special assessments and is intended to support
victim assistance programs and victim compensation. In fiscal
year 2014, Congress set the obligation cap for the Fund at $745
million, despite the fact that the Fund carried over
approximately $9 billion from the previous fiscal year.
Increasing the obligation incrementally over 5 years will help
to provide additional support to crime victims, including the
victims of sex trafficking, without threatening the Fund's
stability.
Sec. 3. Victim-Centered Sex Trafficking Deterrence Grant
Program. This section creates a victim-centered model grant
program to help States and local governments develop and
implement comprehensive victim-centered programs to train law
enforcement, rescue exploited children, prosecute human
traffickers, and restore the lives of victims. Specifically,
these grant funds could be used for specialized training
programs, the establishment of anti-trafficking task forces,
victims' services, and the establishment or enhancement of
problem-solving court programs for trafficking victims all
focused on victim rescue and restoration. This grant program
amends and reauthorizes the existing grant program codified at
42 U.S.C. Sec. 14044b, and has the same authorization of $5
million a year over 5 years.
Sec. 4. Amendments to the Victims of Child Abuse Act of
1990. This section reauthorizes two programs under the Victims
of Child Abuse Act of 1990 that provide funding to support
regional and local Child Advocacy Centers (CACs) and training
and technical assistance to improve the criminal prosecution of
child abuse. CACs help to provide a multi-disciplinary response
to child abuse (e.g., law enforcement, child protection/social
service, medical, mental health) in a manner that ensures child
abuse victims (and any non-offending family members) receive
the support services they need and do not experience the
investigation of child abuse as an added trauma. There are over
750 CACs located in all 50 states and the District of Columbia,
as well as four regional centers. Despite being unauthorized
since 2005, these programs have received appropriations every
year. This section reauthorizes the funding for the regional
and local CACs at $15 million a year for 5 years, which is the
same as the current authorization. This section also
reauthorizes the funding for training and technical assistance
at $5 million a year for 5 years, which is the same as the
current authorization. Finally, this section clarifies that the
local CACs may provide assistance and services to the victims
of child pornography and minor sex trafficking, and extends
additional accountability measures to these grantees.
Sec. 5. Streamlining State and Local Human Trafficking
Investigations. Under current law (18 U.S.C. Sec. 2516), state
and local law enforcement may obtain a wiretap warrant in their
state courts upon a showing that the investigation may provide
evidence of ``murder, kidnapping, gambling, robbery, bribery,
extortion, or dealing in narcotic drugs, marijuana or other
dangerous drugs, or other crime dangerous to life, limb, or
property, and punishable by imprisonment for more than 1
year[.]'' State courts have struggled with whether human
trafficking and prostitution investigations provide evidence of
one of the listed classes of offenses, which in some cases has
precluded state human trafficking task forces from obtaining
wiretaps in these critical cases.\16\ To address this problem,
this section clarifies that the principle prosecuting attorney
of a state or its political subdivision may obtain a wiretap
warrant in a state court pursuant to a showing of probable
cause that the wiretap will provide evidence of a crime of
human trafficking, child sexual exploitation, or child
pornography production.
---------------------------------------------------------------------------
\16\See, e.g., State v. Rivers, 660 So.2d 1360 (Fla. 1995).
---------------------------------------------------------------------------
Sec. 6. Enhancing Human Trafficking Reporting. This section
requires law enforcement organizations who file missing
children reports with the FBI's National Crime Information
Center (NCIC) to include a recent photograph of the missing
child in their report where available, and requires the
National Center for Missing and Exploited Children (NCMEC) to
be notified of each report received relating to a child
reported missing from a foster care family home or childcare
institution.
Sec. 7. Reducing Demand for Sex Trafficking. The TVPA
defines a sex trafficker as a person who ``knowingly--recruits,
entices, harbors, transports, provides, obtains, or maintains
by any means a person . . . knowing, or in reckless disregard
of the fact, that means of force, threats of force, fraud,
coercion . . . or any combination of such means will be used to
cause the person to engage in a commercial sex act, or that the
person has not attained the age of 18 years and will be caused
to engage in a commercial sex act.'' In United States vs.
Jungers, 702 F.3d 1066 (8th Cir. 2013), the Eighth Circuit
ruled that 18 U.S.C. Sec. 1591 applied to persons who purchase
illicit sexual acts with trafficking victims after the U.S.
District Court for the District of South Dakota erroneously
granted motions to acquit these buyers in two separate cases.
This section clarifies existing law and codifies the Jungers
decision by adding the words ``solicits or patronizes'' to the
sex trafficking statute, thereby clarifying Congress's intent
that 18 U.S.C. Sec. 1591 criminalizes those who purchase sexual
acts from human trafficking victims.
This section of the bill also clarifies that 18 U.S.C.
Sec. 1591(c) provides that the government not need prove beyond
a reasonable doubt that a defendant knew or recklessly
disregarded the fact that the victim was under the age of 18 if
the defendant had ``a reasonable opportunity to observe the
person,'' i.e., the victim. This clarifying amendment is meant
to codify United States v. Robinson, 702 F.3d 22, 34 (2d Cir.
2012) in which the Second Circuit held that in a ``prosecution
under Sec. 1591, the government may satisfy its burden of proof
with respect to the defendant's awareness of the victim's age
by proving any of the following beyond a reasonable doubt: (1)
the defendant knew that the victim was under eighteen, (2) the
defendant recklessly disregarded the fact that the victim was
under eighteen, or (3) the defendant had a reasonable
opportunity to observe the victim.'' This clarification is
intended to direct law enforcement's investigative and
prosecutorial focus on the purchasers of these illegal
services, who create the market for the traffickers.
Sec. 8. Using Existing Task Forces to Target Offenders Who
Exploit Children. This section directs the Justice Department
to use its existing law enforcement task forces through the
Innocence Lost National Initiative to focus on fighting demand
for human trafficking through the investigation, arrest, and
prosecution of persons who purchase sexual acts with human
trafficking victims.
Sec. 9. Holding Sex Traffickers Accountable. Current
Federal law allows interstate child predators to claim an
affirmative defense under the Mann Act (18 U.S.C. Sec. 2423)
where they can show, by a preponderance of the evidence (more
likely than not), that they believed the person with whom they
engaged in a commercial sex act was 18 years of age or older.
This section increases the standard for claiming this
affirmative defense by requiring defendants to show by clear
and convincing evidence that they believed the victim to be 18
years of age or older.
Sec. 10. Oversight and Accountability. This section
provides accountability measures for the new Victim-Centered
Sex Trafficking Deterrence Grant Program and the grantees under
the Victims of Child Abuse Act of 1990 by allowing the DOJ
Inspector General to conduct audits of grant recipients under
the bill in order to prevent waste, fraud, and abuse of funds
by grantees; prohibiting grantees with unresolved audit
findings from receiving grant funds for a 2-year period; giving
grantee priority to eligible entities that have not had an
unresolved audit finding for the previous 3-years; and ensuring
that grantees under the bill who have improperly received funds
are required to reimburse the Federal Government in an amount
equal to the improper award, among other things. This section
also provides that grantees must seek approval when using more
than $20,000 in grant funds to support or host a conference,
except that a conference that uses more than $20,000 but less
than $500 in grant funds per person is not subject to the
approval requirements. This is intended to encourage grantees
to be cost effective when holding conferences, and to not
discourage large conferences that provide information and
training in an efficient manner.
Sec. 11. Crime Victim's Rights. This section clarifies
Congress' intent with regard to several important provisions of
the Crime Victims' Rights Act (CVRA), enacted in 2004, and
makes several technical and conforming changes to the CVRA. The
CVRA gives crime victims ``the right to participate in the
system,'' including the ``right to be treated with fairness and
with respect for the victim's dignity and privacy'' and ``the
reasonable right to confer with the attorney for the Government
in the case.'' The law also instructs that these rights must be
provided not just by the Justice Department but by ``other
departments and agencies of the United States engaged in the
detection, investigation, or prosecution of crime.'' Despite
this mandate, in 2010, the Justice Department's Office of Legal
Counsel issued an opinion concluding that the CVRA does not
confer rights on victims of Federal crimes until prosecutors
initiate formal criminal proceedings via the filing of a
complaint, information, or indictment. The result of this
opinion is that Federal prosecutors are not required to notify
crime victims of plea bargain or deferred prosecution agreement
negotiations that occur prior to the filing of a formal charge.
This section clarifies Congress' intent that crime victims be
notified of plea bargains or deferred prosecution agreements,
including those that may take place prior to a formal charge.
The CVRA also empowers crime victims to challenge the
denial of their rights through a writ of mandamus. However,
since its enactment, the circuit courts have split on the issue
of what standard of review should apply to such writs. This
section adopts the approach followed by the Ninth Circuit in
Kenna v. U.S. District Court for Central District of
California, 435 F.3d 1011 (9th Cir. 2006), and the Second
Circuit Circuit in In re W.R. Huff Asset Management Company,
409 F.3d 555 (2d Cir. 2005), namely that, despite the use of a
writ of mandamus as a mechanism for victims' rights
enforcement, Congress intended that such writs be reviewed
under ordinary appellate review standards.
Sec. 12. Sense of Congress. This section provides a sense
of Congress that minor sex trafficking is a terrible crime that
should be prosecuted to the fullest extent of the law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
VICTIMS OF CRIME ACT OF 1984
* * * * * * *
CHAPTER XIV--VICTIM COMPENSATION AND ASSISTANCE
* * * * * * *
crime victims fund
Sec. 1402. (a) * * *
* * * * * * *
(d) The Fund shall be available as follows:
(1) Of the amounts available in the Fund, exactly--
(A) $805,000,000 shall be available for
obligation in fiscal year 2016;
(B) $825,000,000 shall be available for
obligation in fiscal year 2017;
(C) $845,000,000 shall be available for
obligation in fiscal year 2018;
(D) $866,000,000 shall be available for
obligation in fiscal year 2019; and
(E) $890,000,000 shall be available for
obligation in fiscal year 2020.
* * * * * * *
----------
TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2005
* * * * * * *
TITLE II--COMBATTING DOMESTIC TRAFFICKING IN PERSONS
* * * * * * *
SEC. 203. PROTECTION OF JUVENILE VICTIMS OF TRAFFICKING IN PERSONS.
[(a) Establishment of Pilot Program.--Not later than 180
days after the date of the enactment of this Act, the Secretary
of Health and Human Services shall establish and carry out a
pilot program to establish residential treatment facilities in
the United States for juveniles subjected to trafficking.
[(b) Purposes.--The purposes of the pilot program
established pursuant to subsection (a) are to--
[(1) provide benefits and services to juveniles
subjected to trafficking, including shelter,
psychological counseling, and assistance in developing
independent living skills;
[(2) assess the benefits of providing residential
treatment facilities for juveniles subjected to
trafficking, as well as the most efficient and cost-
effective means of providing such facilities; and
[(3) assess the need for and feasibility of
establishing additional residential treatment
facilities for juveniles subjected to trafficking.
[(c) Selection of Sites.--The Secretary of Health and Human
Services shall select three sites at which to operate the pilot
program established pursuant to subsection (a).
[(d) Form of Assistance.--In order to carry out the
responsibilities of this section, the Secretary of Health and
Human Services shall enter into contracts with, or make grants
to, organizations that--
[(1) have relevant expertise in the delivery of
services to juveniles who have been subjected to sexual
abuse or commercial sexual exploitation; or
[(2) have entered into partnerships with
organizations that have expertise as described in
paragraph (1) for the purpose of implementing the
contracts or grants.
[(e) Report.--Not later than one year after the date on
which the first pilot program is established pursuant to
subsection (a), the Secretary of Health and Human Services
shall submit to Congress a report on the implementation of this
section.
[(f) Definition.--In this section, the term ``juvenile
subjected to trafficking'' means a United States citizen, or
alien admitted for permanent residence, who is the subject of
sex trafficking or severe forms of trafficking in persons that
occurs, in whole or in part, within the territorial
jurisdiction of the United States and who has not attained 18
years of age at the time the person is identified as having
been the subject of sex trafficking or severe forms of
trafficking in persons.]
(a) Grants Authorized.--The Attorney General may make
grants to eligible entities to develop, improve, or expand
comprehensive domestic child human trafficking deterrence
programs that assist law enforcement officers, prosecutors,
judicial officials, and qualified victims' services
organizations in collaborating to rescue and restore the lives
of victims, while investigating and prosecuting offenses
involving child human trafficking.
(b) Authorized Activities.--Grants awarded under subsection
(a) may be used for--
(1) the establishment or enhancement of specialized
training programs for law enforcement officers, first
responders, health care officials, child welfare
officials, juvenile justice personnel, prosecutors, and
judicial personnel to--
(A) identify victims and acts of child
human trafficking;
(B) address the unique needs of victims of
child human trafficking;
(C) facilitate the rescue of victims of
child human trafficking;
(D) investigate and prosecute acts of child
human trafficking, including the soliciting,
patronizing, or purchasing of commercial sex
acts from children, as well as training to
build cases against complex criminal networks
involved in child human trafficking; and
(E) implement and provide education on safe
harbor laws enacted by States, aimed at
preventing the criminalization and prosecution
of victims of child human trafficking for
prostitution offenses;
(2) the establishment or enhancement of dedicated
anti-child human trafficking law enforcement units and
task forces to investigate child human trafficking
offenses and to rescue victims, including--
(A) funding salaries, in whole or in part,
for law enforcement officers, including patrol
officers, detectives, and investigators, except
that the percentage of the salary of the law
enforcement officer paid for by funds from a
grant awarded under this section shall not be
more than the percentage of the officer's time
on duty that is dedicated to working on cases
involving child human trafficking;
(B) investigation expenses for cases
involving child human trafficking, including--
(i) wire taps;
(ii) consultants with expertise
specific to cases involving child human
trafficking;
(iii) travel; and
(iv) other technical assistance
expenditures;
(C) dedicated anti-child human trafficking
prosecution units, including the funding of
salaries for State and local prosecutors,
including assisting in paying trial expenses
for prosecution of child human trafficking
offenses, except that the percentage of the
total salary of a State or local prosecutor
that is paid using an award under this section
shall be not more than the percentage of the
total number of hours worked by the prosecutor
that is spent working on cases involving child
human trafficking; and
(D) the establishment of child human
trafficking victim witness safety, assistance,
and relocation programs that encourage
cooperation with law enforcement investigations
of crimes of child human trafficking by
leveraging existing resources and delivering
child human trafficking victims' services
through coordination with--
(i) child advocacy centers;
(ii) social service agencies;
(iii) State governmental health
service agencies;
(iv) housing agencies;
(v) legal services agencies; and
(vi) non-governmental organizations
and shelter service providers with
substantial experience in delivering
services to victims of child human
trafficking;
(3) the establishment or enhancement of problem
solving court programs for child human trafficking
victims that include--
(A) continuing judicial supervision of
victims of child human trafficking who have
been identified by a law enforcement or
judicial officer as a potential victim of child
human trafficking, regardless of whether the
victim has been charged with a crime related to
human trafficking;
(B) the development of specialized and
individualized treatment programs for
identified victims of child human trafficking,
including--
(i) State-administered outpatient
treatment;
(ii) life skills training;
(iii) housing placement;
(iv) vocational training;
(v) education;
(vi) family support services; and
(vii) job placement; and
(C) collaborative efforts with child
advocacy centers, child welfare agencies,
shelters, and non-governmental organizations to
provide services to victims and encourage
cooperation with law enforcement; and
(4) the establishment or enhancement of victims'
services programs for victims of child human
trafficking, which offer services including--
(A) residential care, including temporary
or long-term placement, as appropriate;
(B) 24-hour emergency social services
response systems; and
(C) counseling and case management
services.
(c) Application.--
(1) In general.--An eligible entity shall submit an
application to the Attorney General for a grant under
this section in such form and manner as the Attorney
General may require.
(2) Required information.--An application submitted
under this subsection shall--
(A) disclose--
(i) any other grant funding from
the Department of Justice or from any
other Federal department or agency for
purposes similar to those described in
subsection (b) for which the eligible
entity has applied, and which
application is pending on the date of
the submission of an application under
this section; and
(ii) any other such grant funding
that the eligible entity has received
during the 5 year period prior to the
date of the submission of an
application under this section;
(B) describe the activities for which
assistance under this section is sought;
(C) include a detailed plan for the use of
funds awarded under the grant; and
(D) provide such additional information and
assurances as the Attorney General determines
to be necessary to ensure compliance with the
requirements of this section.
(3) Preference.--In reviewing applications
submitted in accordance with paragraphs (1) and (2),
the Attorney General shall give preference to grant
applications if--
(A) the application includes a plan to use
awarded funds to engage in all activities
described under paragraphs (1) and (2) of
subsection (b); or
(B) the application includes a plan by the
State or unit of local government to continue
funding of all activities funded by the award
after the expiration of the award.
(d) Duration and Renewal of Award.--
(1) In general.--A grant under this section shall
expire 1 year after the date of award of the grant.
(2) Renewal.--A grant under this section shall be
renewable not more than 3 times and for a period of not
greater than 1 year.
(e) Evaluation.--The Attorney General shall enter into a
contract with an academic or non-profit organization that has
experience in issues related to child human trafficking and
evaluation of grant programs to conduct an annual evaluation of
grants made under this section to determine the impact and
effectiveness of programs funded with grants awarded under this
section, and shall submit any such evaluation to the Committee
on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate.
(f) Oversight and Accountability.--An eligible entity that
receives a grant under this section is subject to the
requirements of section 10 of the Justice for Victims of
Trafficking Act of 2014.
(g) Administrative Cap.--The cost of administering the
grants authorized by this section shall not exceed 5 percent of
the total amount appropriated to carry out this section.
(h) Federal Share.--The Federal share of the cost of a
program funded by a grant awarded under this section may not
exceed--
(1) 70 percent in the first year;
(2) 60 percent in the second year; and
(3) 50 percent in the third year.
(i) Definitions.--In this section--
(1) the term ``child'' means a person under the age
of 18;
(2) the term ``child advocacy center'' means a
center created under subtitle A of the Victims of Child
Abuse Act of 1990 (42 U.S.C. 13001 et seq.);
(3) the term ``child human trafficking'' means 1 or
more severe forms of trafficking in persons (as defined
in section 103 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102)) involving a victim who is
a child; and
(4) the term ``eligible entity'' means a State or
unit of local government that--
(A) has significant criminal activity
involving child human trafficking;
(B) has demonstrated cooperation between
Federal, State, local, and, where applicable,
tribal law enforcement agencies, prosecutors,
and social service providers in addressing
child human trafficking; and
(C) has developed a workable, multi-
disciplinary plan to combat child human
trafficking.
[(g)] (j) Authorization of Appropriations.--There are
authorized to be appropriated to the [Secretary of Health and
Human Services] Attorney General, in consultation with the
Secretary of Health and Human Services, to carry out this
section $5,000,000 for each of the [fiscal years 2008 through
2011] fiscal years 2015 through 2019.
* * * * * * *
----------
VICTIMS OF CHILD ABUSE ACT OF 1990
* * * * * * *
TITLE II--VICTIMS OF CHILD ABUSE ACT OF 1990
* * * * * * *
Subtitle A--Improving Investigation and Prosecution of Child Abuse
Cases
* * * * * * *
SEC. 212. DEFINITIONS.
For purposes of this subtitle--
(1) * * *
* * * * * * *
(5) the term ``child abuse'' means physical or
sexual abuse or neglect of a child, including human
trafficking and the production of child pornography;
* * * * * * *
SEC. 214. LOCAL CHILDREN'S ADVOCACY CENTERS.
(a) * * *
(b) Direct Services for Victims of Child Pornography.--The
Administrator, in coordination with the Director and with the
Director of the Office of Victims of Crime, may make grants to
develop and implement specialized programs to identify and
provide direct services to victims of child pornography.
[(b)] (c) Grant Criteria.--(1) * * *
* * * * * * *
[(c)] (d) Distribution of Grants.--In awarding grants under
this section, the Director shall ensure that grants are
distributed to both large and small States and to rural,
suburban, and urban jurisdictions.
[(d)] (e) Consultation With Regional Children's Advocacy
Centers.--A grant recipient under this section shall consult
from time to time with regional children's advocacy centers in
its census region that are grant recipients under section 213.
(f) Oversight and Accountability.--
(1) Accountability requirement.--A grant recipient
under this section is subject to the requirements of
section 10 of the Justice for Victims of Trafficking
Act of 2014.
(2) Disclosure of additional sources of Federal
funding.--An application for a grant under this section
shall disclose--
(A) any other grant funding from the
Department of Justice or from any other Federal
department or agency for purposes similar to
those described in subsection (a) for which the
entity has applied, and which application is
pending on the date of the submission of an
application under this section; and
(B) any other such grant funding that the
entity has received during the 5 year period
prior to the date of the submission of an
application under this section.
SEC. 214A. GRANTS FOR SPECIALIZED TECHNICAL ASSISTANCE AND TRAINING
PROGRAMS.
(a) * * *
* * * * * * *
(d) Oversight and Accountability.--
(1) Accountability requirement.--A grant recipient
under this section is subject to the requirements of
section 10 of the Justice for Victims of Trafficking
Act of 2014.
(2) Disclosure of additional sources of federal
funding.--An application for a grant under this section
shall disclose--
(A) any other grant funding from the
Department of Justice or from any other Federal
department or agency for purposes similar to
those described in subsection (a) for which the
organization has applied, and which application
is pending on the date of the submission of an
application under this section; and
(B) any other such grant funding that the
organization has received during the 5 year
period prior to the date of the submission of
an application under this section.
SEC. 214B. AUTHORIZATION OF APPROPRIATIONS.
(a) Sections 213 and 214.--There are authorized to be
appropriated to carry out sections 213 and 214, $15,000,000 for
each of [fiscal years 2004 and 2005] fiscal years 2015 through
2019.
(b) Section 214A.--There are authorized to be appropriated
to carry out section 214A, $5,000,000 for each of [fiscal years
2004 and 2005] fiscal years 2015 through 2019.
* * * * * * *
----------
TITLE 18, UNITED STATES CODE
* * * * * * *
PART I--CRIMES
* * * * * * *
CHAPTER 77--PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS
* * * * * * *
Sec. 1591. Sex trafficking of children or by force, fraud, or coercion
(a) Whoever knowingly--
(1) in or affecting interstate or foreign commerce,
or within the special maritime and territorial
jurisdiction of the United States, recruits, entices,
harbors, transports, provides, obtains, [or maintains]
maintains, patronizes, or solicits by any means a
person; or
* * * * * * *
(b) The punishment for an offense under subsection (a) is--
(1) if the offense was effected by means of force,
threats of force, fraud, or coercion described in
subsection (e)(2), or by any combination of such means,
or if the person recruited, enticed, harbored,
transported, provided, [or obtained] obtained,
patronized, or solicited had not attained the age of 14
years at the time of such offense, by a fine under this
title and imprisonment for any term of years not less
than 15 or for life; or
(2) if the offense was not so effected, and the
person recruited, enticed, harbored, transported,
provided, [or obtained] obtained, patronized, or
solicited had attained the age of 14 years but had not
attained the age of 18 years at the time of such
offense, by a fine under this title and imprisonment
for not less than 10 years or for life.
(c) In a prosecution under subsection (a)(1) in which the
defendant had a reasonable opportunity to observe the person so
recruited, enticed, harbored, transported, provided, obtained
[or maintained], maintained, patronized, or solicited, the
Government need not prove that the defendant [knew that the
person] knew, or recklessly disregarded the fact, that the
person had not attained the age of 18 years.
* * * * * * *
CHAPTER 117--TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED
CRIMES
* * * * * * *
Sec. 2423. Transportation of minors
(a) * * *
* * * * * * *
(g) Defense.--In a prosecution under this section based on
illicit sexual conduct as defined in subsection (f)(2), it is a
defense, which the defendant must establish by [a preponderance
of the evidence] clear and convincing evidence, that the
defendant reasonably believed that the person with whom the
defendant engaged in the commercial sex act had attained the
age of 18 years.
* * * * * * *
CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS
* * * * * * *
Sec. 2516. Authorization for interception of wire, oral, or electronic
communications
(1) * * *
(2) The principal prosecuting attorney of any State, or the
principal prosecuting attorney of any political subdivision
thereof, if such attorney is authorized by a statute of that
State to make application to a State court judge of competent
jurisdiction for an order authorizing or approving the
interception of wire, oral, or electronic communications, may
apply to such judge for, and such judge may grant in conformity
with section 2518 of this chapter and with the applicable State
statute an order authorizing, or approving the interception of
wire, oral, or electronic communications by investigative or
law enforcement officers having responsibility for the
investigation of the offense as to which the application is
made, when such interception may provide or has provided
evidence of the commission of the offense of murder,
kidnapping, human trafficking, child sexual exploitation, child
pornography production, gambling, robbery, bribery, extortion,
or dealing in narcotic drugs, marihuana or other dangerous
drugs, or other crime dangerous to life, limb, or property, and
punishable by imprisonment for more than one year, designated
in any applicable State statute authorizing such interception,
or any conspiracy to commit any of the foregoing offenses.
* * * * * * *
PART II--CRIMINAL PROCEDURE
* * * * * * *
CHAPTER 237--CRIME VICTIMS' RIGHTS
Sec. 3771. Crime victims' rights
(a) Rights of Crime Victims.--A crime victim has the
following rights:
(1) * * *
* * * * * * *
(9) The right to be informed in a timely manner of
any plea bargain or deferred prosecution agreement.
(10) The right to be informed of the rights under
this section and the services described in section
503(c) of the Victims' Rights and Restitution Act of
1990 (42 U.S.C. 10607(c)) and provided contact
information for the Office of the Victims' Rights
Ombudsman of the Department of Justice.
* * * * * * *
(d) Enforcement and Limitations.--
(1) * * *
* * * * * * *
(3) Motion for relief and writ of mandamus.--The
rights described in subsection (a) shall be asserted in
the district court in which a defendant is being
prosecuted for the crime or, if no prosecution is
underway, in the district court in the district in
which the crime occurred. The district court shall take
up and decide any motion asserting a victim's right
forthwith. If the district court denies the relief
sought, the movant may petition the court of appeals
for a writ of mandamus. The court of appeals may issue
the writ on the order of a single judge pursuant to
circuit rule or the Federal Rules of Appellate
Procedure. The court of appeals shall take up and
decide such application forthwith within 72 hours after
the petition has been filed, unless the litigants, with
the approval of the court, have stipulated to a
different time period for consideration. In deciding
such application, the court of appeals shall apply
ordinary standards of appellate review. In no event
shall proceedings be stayed or subject to a continuance
of more than five days for purposes of enforcing this
chapter. If the court of appeals denies the relief
sought, the reasons for the denial shall be clearly
stated on the record in a written opinion.
* * * * * * *
(e) Definitions.--For the purposes of [this chapter, the
term] this chapter:
(1) Court of appeals._The term ``court of appeals''
means--
(A) the United States court of appeals for
the judicial district in which a defendant is
being prosecuted; or
(B) for a prosecution in the Superior Court
of the District of Columbia, the District of
Columbia Court of Appeals.
(2) Crime victim._
(A) In general._The term ``crime victim''
means a person directly and proximately harmed
as a result of the commission of a Federal
offense or an offense in the District of
Columbia. [In the case]
(B) Minors and certain other victims._In
the case of a crime victim who is under 18
years of age, incompetent, incapacitated, or
deceased, the legal guardians of the crime
victim or the representatives of the crime
victim's estate, family members, or any other
persons appointed as suitable by the court, may
assume the crime victim's rights under this
chapter, but in no event shall the defendant be
named as such guardian or representative.
(3) District court; court.--The terms ``district
court'' and ``court'' include the Superior Court of the
District of Columbia.
* * * * * * *
----------
SECTION 3702 OF THE CRIME CONTROL ACT OF 1990
* * * * * * *
SEC. 3702. STATE REQUIREMENTS.
Each State reporting under the provisions of this title
shall--
(1) * * *
(2) ensure that no law enforcement agency within
the State establishes or maintains any policy that
requires the removal of a missing person entry from its
State law enforcement system or the National Crime
Information Center computer database based solely on
the age of the person; [and]
* * * * * * *
(4) provide that after receiving reports as
provided in [paragraph (2)] paragraph (3), the law
enforcement agency that entered the report into the
National Crime Information Center shall--
(A) no later than 60 days after the
original entry of the record into the State law
enforcement system and National Crime
Information Center computer networks, verify
and update such record with any additional
information, including, where available,
medical and dental records and a photograph
taken within the previous 180 days;
(B) institute or assist with appropriate
search and investigative procedures; [and]
(C) notify the National Center for Missing
and Exploited Children of each report received
relating to a child reported missing from a
foster care family home or childcare
institution; and
[(C)] (D) maintain close liaison with the
National Center for Missing and Exploited
Children for the exchange of information and
technical assistance in the missing children
cases.
----------
SECTION 103 OF THE TRAFFICKING VICTIMS PROTECTION ACT OF 2000
SEC. 103. DEFINITIONS.
In this division:
(1) * * *
* * * * * * *
(10) Sex trafficking.--The term ``sex trafficking''
means the recruitment, harboring, transportation,
provision, [or obtaining] obtaining, patronizing, or
soliciting of a person for the purpose of a commercial
sex act.
* * * * * * *