H.R. 3610 — what changed
Stop Exploitation Through Trafficking Act of 2014
From Introduced in House to Reported in House. 6 sections amended and 4 removed between Introduced in House and Reported in House.
Section 1 Short title
changed
This Act may be cited as the “Stop Exploitation Through Trafficking Act of 2013”.2014”.
Sec. 2 Safe Harbor Incentives
added 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—
removed
Definitions— In this section—
removed
the term commercial sex act shall have the meaning given the term in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102);
removed
the term minor means an individual who has not attained the age of 18 years;
removed
the term severe form of trafficking in persons shall have the meaning given the term in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102); and
removed
the term State shall have the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791).
changed
Enactment of safe harbor law— On or after the date in section 1701(c), by striking “where feasible” and all that is 3 years after follows, and inserting the date of enactment of this Act, each State shall have in effect legislation that—following:
added “(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
added “(2) from an applicant in a State that has in effect a law that—
added “(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;
added “(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); or
added “(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.”
added
in section 1709, by inserting at the end the following:
added “(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).
added “(6) minor means an individual who has not attained the age of 18 years.
added “(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).”
removed
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;
removed
discourages the charging or prosecution of an individual described in paragraph (1) for a prostitution or sex trafficking offense, based on the conduct described in paragraph (1); and
removed
encourages the diversion of an individual described in paragraph (1) to child protection services.
removed
Eligibility for Byrne Justice Assistance Grant Funds—
removed
In general— If a State fails to comply with subsection (b), the Attorney General may withhold—
removed
during the 2 fiscal years beginning after the 3-year period subsequent to the date of enactment of this Act, 3 percent of the amount that would otherwise be allocated to the State under section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755);
removed
during the fiscal year subsequent to the expiration of the period referred to in subparagraph (A), 4 percent of the amount that would otherwise be allocated to the State under section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755); and
removed
during any fiscal year subsequent to the expiration of the period referred to in subparagraph (B), 5 percent of the amount that would otherwise be allocated to the State under section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755).
removed
Reallocation— Any funds under section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) that are not allocated to a State because of the failure of the State to comply with subsection (b) shall be reallocated to States that comply with subsection (b).
Sec. 3 Report on restitution paid in connection with certain trafficking offenses
changed
Section 1595(a) 105(d)(7)(Q) of title 18, United States Code, the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(d)(7)(Q)) is amended by inserting “treble” before “damages”.amended—
added
by inserting after “1590,” the following: “1591,”;
added
by striking “and 1594” and inserting “1594, 2251, 2251A, 2421, 2422, and 2423”;
added
in clause (iv), by striking “and” at the end;
added
in clause (v), by striking “and” at the end; and
added
by inserting after clause (v) the following:
added “(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
added “(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
added Section 107(b)(2) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7105(b)(2)) is amended—
removed
Establishment of process for data collection— Not later than 180 days after the date of enactment of this Act, the Attorney General shall establish a process to collect and analyze data relating to the issuance and enforcement of mandatory restitution orders under section 1593 of title 18, United States Code.
changed
Requirements— The process required to be established under subsection (a) shall—by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and
removed
ensure that data is collected for each offense charged under chapter 77 of title 18, United States Code; and
removed
allow for the tracking of enforcement of each restitution order under section 1593 of title 18, United States Code.
changed
Annual report— Section 105(d)(7) of by inserting after subparagraph (A) the Victims Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is amended—following:
added “(B) National human trafficking hotline—Beginning in fiscal year 2017 and each fiscal year thereafter, of amounts made available for grants under this paragraph, the Secretary of Health and Human Services shall make grants for a national communication system to assist victims of severe forms of trafficking in persons in communicating with service providers. The Secretary shall give priority to grant applicants that have experience in providing telephone services to victims of severe forms of trafficking in persons.”
removed
in subparagraph (Q)(v), by striking “and” at the end;
removed
in subparagraph (R), by striking the period at the end and inserting a semicolon; and
removed
by adding at the end the following:
removed
“(S) for the first report submitted under this paragraph on or after January 1, 2015, and each report thereafter, the data collected under section 4 of the Stop Exploitation Through Trafficking Act of 2013;”
Sec. 5 Job corps eligibility
changed
Section 107(b)(2) 144(3) of the Victims of Trafficking and Violence Protection Workforce Investment Act of 2000 (22 1998 (29 U.S.C. 7105(b)(2)) 2884(3)) is amended—amended by adding at the end the following:
added “(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.”
removed
by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and
removed
by inserting after subparagraph (A) the following:
removed
“(B) National human trafficking hotline—Beginning in fiscal year 2017 and each fiscal year thereafter, of amounts made available for grants under this paragraph, the Secretary of Health and Human Services shall make grants for a national communication system to assist victims of severe forms of trafficking in persons in communicating with service providers. The Secretary shall give priority to grant applicants that have experience in providing telephone services to victims of severe forms of trafficking in persons.”
Sec. 6 Clarification of authority of the United States Marshals Service
changed
Section 144(3) of the Workforce Investment Act 566(e)(1) of 1998 (29 U.S.C. 2884(3)) title 28, United States Code, is amended by adding at the end the following:amended—
added
in subparagraph (B), by striking “and” at the end;
added
in subparagraph (C), by striking the period at the end and inserting “; and”; and
added
by inserting after subparagraph (C), the following:
added “(D) assist State, local, and other Federal law enforcement agencies, upon the request of such an agency, in locating and recovering missing children.”
removed
“(F) A victim of a severe form of trafficking in persons (as defined in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102)). Notwithstanding paragraph (2), an individual described in this subparagraph shall not be required to demonstrate eligibility under such paragraph.”
Sec. 7 Establishing a national strategy to combat human trafficking
removed
removed
In general— The Attorney General shall implement and maintain a National Strategy for Combating Human Trafficking (referred to in this section as the National Strategy) in accordance with this section.
removed
Required contents of national strategy— The National Strategy shall include the following:
removed
Integrated Federal, State, local, and tribal efforts to investigate and prosecute human trafficking cases, including—
removed
the partnership by each United States attorney with other Federal, State, local, and tribal law enforcement partners working in the district of such attorney to implement the National Strategy;
removed
the development by each United States attorney of a district-specific strategic plan to coordinate the investigation and prosecution of human trafficking crimes;
removed
the development and implementation of strategies to identify and rescue victims of human trafficking;
removed
the appointment of not less than 1 assistant United States attorney in each district dedicated to the prosecution of human trafficking cases or responsible for implementing the National Strategy;
removed
the participation in local training, educational, and awareness programs of human trafficking crimes;
removed
the participation in any Federal, State, local, or tribal human trafficking task force operating in the district of the United States attorney; and
removed
any other efforts intended to enhance the level of coordination and cooperation, as is to be determined by the Attorney General.
removed
Case coordination within the Department of Justice, including specific integration, coordination, and collaboration, as appropriate, on human trafficking investigations between and among the United States attorneys, the Human Trafficking Prosecution Unit, the Child Exploitation and Obscenity Section, and the Federal Bureau of Investigation, including—
removed
the regular and timely notification to the United States attorneys, the Human Trafficking Prosecution Unit, and the Child Exploitation and Obscenity Section of any sex or labor trafficking investigations opened by the Federal Bureau of Investigation, the Department of Homeland Security, the Department of Labor, or the Human Smuggling and Trafficking Center under section 1581, 1583, 1584, 1589, 1590, 1591, 1592, or 1594 of title 18, United States Code; and
removed
the reporting of the number of investigations described in subparagraph (A) in the annual report required under section 105(d)(7) of the Victims Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(d)(7)).
removed
Interagency coordination regarding the prevention, investigation, and apprehension of individuals targeting and exploiting adults and children for human trafficking, including collaboration and cooperation with—
removed
the Department of Homeland Security;
removed
the Department of Labor;
removed
the Department of State;
removed
the Department of Health and Human Services;
removed
the Bureau of Indian Affairs; and
removed
other appropriate Federal agencies.
removed
Measurable objectives and long-term, quantifiable goals that the Attorney General determines may be achieved.
removed
Annual budget priorities and Federal efforts dedicated to preventing and combating human trafficking, including resources dedicated to the Human Trafficking Prosecution Unit, the Child Exploitation and Obscenity Section, the Federal Bureau of Investigation, and all other entities that receive Federal support that have a goal or mission to combat the exploitation of adults and children.
removed
An ongoing assessment of the future trends, challenges, and opportunities, including new investigative strategies, techniques, and technologies, that will enhance Federal, State, local, and tribal efforts to combat human trafficking.
removed
Encouragement of cooperation, coordination, and mutual support between private sector and other entities and organizations and Federal agencies to combat human trafficking, including the involvement of State, local, and tribal government agencies to the extent Federal programs are involved.
Sec. 8 Enhancing law enforcement coordination
removed
removed
Section 105(d)(7) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(d)(7)), as amended by section 4, is amended by adding at the end the following:
removed
“(T) the number of sex and labor trafficking investigations opened by the Federal Bureau of Investigation, the Department of Homeland Security, the Department of Labor, or the Human Smuggling and Trafficking Center under section 1581, 1583, 1584, 1589, 1590, 1591, 1592, or 1594 of title 18, United States Code, during the preceding fiscal year; and
removed
“(U) the number of the sex and labor trafficking investigations described in subparagraph (T) that were reported to the United States attorneys, the Human Trafficking Prosecution Unit in the Civil Rights Division of the Department of Justice, and the Child Exploitation and Obscenity Section in the Criminal Division of the Department of Justice.”
Sec. 9 Sex offender registry
removed
removed
Section 111 of the Sex Offender Registration and Notification Act (42 U.S.C. 16911) is amended—
removed
in paragraph (3)(A)—
removed
by striking clause (i); and
removed
by redesignating clauses (ii), (iii), and (iv) as clauses (i), (ii), and (iii), respectively; and
removed
in paragraph (4)—
removed
by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and
removed
by inserting after subparagraph (A) the following:
removed
“(B) is comparable to or more severe than sex trafficking (as described in section 1591 of title 18, United States Code), when committed against a minor, or an attempt or conspiracy to commit such an offense against a minor;”
Sec. 10 Severability
removed
removed
If any provision of this Act, or an amendment made by this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act, or an amendment made by this Act, or the application of such provision to other persons or circumstances, shall not be affected.