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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2536 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2536

To amend title 18, United States Code, to provide for enhanced criminal 
 and civil remedies in the protection of children and other victims of 
           commercial sexual exploitation and related crimes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 26, 2014

  Mr. Kirk (for himself and Mrs. Feinstein) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL

 
To amend title 18, United States Code, to provide for enhanced criminal 
 and civil remedies in the protection of children and other victims of 
           commercial sexual exploitation and related crimes.

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

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS AND CONSTRUCTION OF PROVISIONS.

    Congress finds that--
            (1) sex trafficking is modern day slavery and violates the 
        Thirteenth Amendment to the Constitution of the United States;
            (2) this Act and the amendments made by this Act are 
        enacted as an exercise of the authority of Congress to enforce 
        the Thirteenth Amendment to the Constitution of the United 
        States by appropriate legislation;
            (3) this Act and the amendments made by this Act are also 
        enacted as an exercise of the authority of Congress under the 
        commerce clause of section 8 of article I of the Constitution 
        of the United States to regulate, by appropriate legislation, 
        the instrumentalities of interstate and foreign commerce, as 
        well as that which directly and materially affects interstate 
        and foreign commerce; and
            (4) this Act and the amendments made by this Act should be 
        liberally construed to effectuate its remedial purposes to the 
        full extent permitted by the First Amendment to the 
        Constitution of the United States, including the commercial 
        speech doctrine.

SEC. 3. PROTECTION OF CHILDREN AND OTHER VICTIMS OF COMMERCIAL SEXUAL 
              EXPLOITATION.

    (a) In General.--Chapter 77 of title 18, United States Code, is 
amended by inserting after section 1591 the following:
``Sec. 1591A. Commercial sexual exploitation
    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) Adult advertisement.--The term `adult advertisement' 
        means any advertisement that--
                    ``(A) is subject to the recordkeeping requirements 
                under section 2257; or
                    ``(B) is designed, in whole or in part, to induce a 
                lawful or unlawful commercial exchange for--
                            ``(i) a sexual act or sexual contact, as 
                        those terms are defined in section 2246;
                            ``(ii) sexually explicit conduct, as 
                        defined in section 2256;
                            ``(iii) a commercial sex act, as defined in 
                        section 103 of the Trafficking Victims 
                        Protection Act of 2000 (22 U.S.C. 7102); or
                            ``(iv) the goods or services of an adult 
                        escort or erotic performer involving any 
                        commercial exchange described in clause (i), 
                        (ii), or (iii).
            ``(2) Advertisement.--The term `advertisement' includes any 
        written or verbal statement, illustration, or depiction in any 
        medium which is designed, in whole or in part, to induce a 
        lawful or unlawful commercial exchange of a good or service for 
        money, property, or another item of value, including another 
        good or service.
            ``(3) Commercially promote.--The term `commercially 
        promote' means to aid, abet, counsel, command, induce, procure, 
        or cause the creation, placement, distribution, publication, or 
        maintenance of any advertisement, or any series of 
        advertisements, in exchange for any financial gain, property, 
        or other item of value, obtained from any information content 
        provider of any such advertisement or any series of 
        advertisements.
            ``(4) Common carrier; telecommunications carrier.--The 
        terms `common carrier' and `telecommunications carrier' have 
        the meanings given those terms in section 3 of the 
        Communications Act of 1934 (47 U.S.C. 153).
            ``(5) Information content provider.--The term `information 
        content provider' has the meaning given the term in section 230 
        of the Communications Act (47 U.S.C. 230).
            ``(6) Interactive advertising network service provider.--
        The term `interactive advertising network service provider' 
        means an independent, third party broker of online, wireless, 
        or interactive television advertising, including banners, 
        sponsorships, email, keyword searches, slotting fees, and 
        interactive television commercials, and not including 
        classified advertising or a website referral link.
            ``(7) Internet access service; internet information 
        location tool.--The terms `Internet access service' and 
        `Internet information location tool' have the meanings given 
        those terms in section 231 of the Communications Act of 1934 
        (47 U.S.C. 231).
            ``(8) Person.--The term `person' includes any individual or 
        entity that is capable of holding legal or beneficial interest 
        in property.
            ``(9) State.--The term `State' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, any territory or possession of the United States, 
        and any political subdivision, department, agency, or 
        instrumentality of any such entity.
    ``(b) Offense.--
            ``(1) In general.--It shall be unlawful for a person to use 
        any means or facility of interstate or foreign commerce to--
                    ``(A) knowingly sell, commercially promote, place, 
                or maintain an adult advertisement, or any series of 
                adult advertisements in a medium whose predominant 
                purpose or use is to facilitate commercial 
                transactions; and
                    ``(B) act with reckless disregard of the fact that 
                the adult advertisement, or the series of adult 
                advertisements, facilitates or is designed to 
                facilitate--
                            ``(i) an offense under paragraph (1) or (2) 
                        of section 1591(a) in which the person 
                        recruited, enticed, harbored, transported, 
                        provided, obtained, or maintained has not 
                        attained the age of 18 years at the time of 
                        such offense; or
                            ``(ii) an offense in violation of any 
                        provision of State law prohibiting felony 
                        offenses relating to child pimping, child 
                        prostitution, child sexual abuse, assault on 
                        children, or the sex trafficking of children.
            ``(2) Criminal penalty.--Any person who violates paragraph 
        (1) shall be fined under this title, imprisoned not more than 
        10 years, or both, for each such violation.
            ``(3) Limitations on liability.--
                    ``(A) Generic search or utility services.--An 
                Internet access service provider, Internet browser or 
                mobile browser provider, external search engine 
                provider, external Internet information location tool 
                provider (including a domain name registry or other 
                domain name or root zone service provider), interactive 
                advertising network service provider, common carrier, 
                telecommunications carrier, or other such generic 
                search or utility provider shall not incur any criminal 
                or civil liability under this subsection or be subject 
                to the recordkeeping requirements under subsection (c) 
                solely based on providing such generic search or 
                utility services.
                    ``(B) Victims younger than 18 years of age.--For 
                the purposes of paragraph (1), any defendant in full 
                compliance with subsection (c) may not be found 
                reckless as to the fact of the age element of a minor 
                victim of a predicate offense specified in paragraph 
                (1).
            ``(4) Estoppel.--A final judgment or decree rendered in 
        favor of the United States in any criminal proceeding brought 
        by the United States under this section shall estop the 
        defendant from denying the essential allegations of the 
        criminal offense in any subsequent civil proceeding, but a 
        prior criminal proceeding is not a prerequisite to the 
        commencement of any civil action under this chapter or any 
        other provision of law.
    ``(c) Recordkeeping for Adult Advertisements.--
            ``(1) Adult advertising verification requirements.--Subject 
        to subsection (b)(3)(A), any person who uses any means or 
        facility of interstate or foreign commerce to sell, 
        commercially promote, place, or maintain an adult 
        advertisement, or a series of adult advertisements, shall--
                    ``(A) before selling, commercially promoting, or 
                placing the adult advertisement, or series of adult 
                advertisements--
                            ``(i) verify the identity of each person 
                        purchasing advertisement space to post such 
                        adult advertisement, or series of adult 
                        advertisements, by--
                                    ``(I) obtaining confirmation of the 
                                identity of the person;
                                    ``(II) obtaining a copy of a 
                                government-issued document containing a 
                                photograph, the name, and the date of 
                                birth of the person; and
                                    ``(III) obtaining such other 
                                indicia of the identity of the person 
                                as may be required by regulation; and
                            ``(ii) create and maintain for not less 
                        than 7 years individually identifiable records 
                        pertaining to each person described in clause 
                        (i) that include the information described in 
                        clause (i) and such other identifying 
                        information as may be required by regulation;
                    ``(B) before selling, commercially promoting, or 
                placing the adult advertisement, or series of adult 
                advertisements--
                            ``(i) verify the identity of each person 
                        depicted within such adult advertisement, or 
                        series of adult advertisements, by taking the 
                        actions described in subclauses (I) through 
                        (III) of subparagraph (A)(i); and
                            ``(ii) create and maintain for not less 
                        than 7 years individually identifiable records 
                        pertaining to each person described in clause 
                        (i) that include the information described in 
                        subparagraph (A)(i) and such other identifying 
                        information as may be required by regulation; 
                        and
                    ``(C) before selling, commercially promoting, or 
                placing the adult advertisement, or series of adult 
                advertisements--
                            ``(i) verify that each person whose goods 
                        or services are advertised by such adult 
                        advertisement, or series of adult 
                        advertisements, is not less than 18 years of 
                        age by obtaining such indicia of the identity 
                        of the person as may be required by regulation; 
                        and
                            ``(ii) create and maintain for not less 
                        than 7 years individually identifiable records 
                        pertaining to information described in clause 
                        (i) that include such identifying information 
                        as may be required by regulation.
            ``(2) Recordkeeping.--Any person to whom paragraph (1) 
        applies shall--
                    ``(A) maintain the records required under paragraph 
                (1) at the business premises of the person, or at such 
                other place as the Attorney General may by regulation 
                prescribe; and
                    ``(B) make the records available to the Attorney 
                General, any designee of the Attorney General, the 
                attorney general of a State, and any designee of the 
                attorney general of a State for inspection at all 
                reasonable times.
            ``(3) Use of information.--
                    ``(A) In general.--No information or evidence 
                obtained from a record required to be created or 
                maintained by an individual under this subsection shall 
                be used, directly or indirectly, as evidence against 
                that individual in a criminal proceeding where such use 
                would violate that individual's constitutional 
                privilege against compulsory self-incrimination.
                    ``(B) Exception.--Information or evidence obtained 
                from a record required to be created or maintained by 
                an individual under this subsection may be used against 
                the individual in a prosecution or other action for a 
                violation of this subsection or for a violation of any 
                applicable provision of law relating to the furnishing 
                of false information.
            ``(4) Notice requirement.--
                    ``(A) In general.--Any person to whom paragraph (1) 
                applies shall cause to be affixed to each adult 
                advertisement sold, commercially promoted, placed, or 
                maintained by the person, in such manner and in such 
                form as the Attorney General shall by regulation 
                establish, a statement describing where the records 
                required by this subsection may be located with respect 
                to each person depicted or advertised within such adult 
                advertisement or series of adult advertisements.
                    ``(B) Organizations.--If the person to whom 
                paragraph (1) applies is an organization, the statement 
                required by this paragraph shall include the name, 
                title, and business address of the individual employed 
                by the organization responsible for maintaining the 
                records required by this subsection.
            ``(5) Regulations.--The Attorney General shall issue 
        appropriate regulations to carry out this section, which shall 
        include regulations directing any person to whom paragraph (1) 
        applies to take reasonable measures to ensure the means or 
        facility of interstate or foreign commerce used by the person 
        is not being used to facilitate prostitution or sexual 
        exploitation of children by--
                    ``(A) reviewing postings before they are published 
                to ensure the postings do not offer minors for 
                commercial sex or contain sexually explicit images of 
                minors, and immediately removing such postings;
                    ``(B) prohibiting the use of euphemisms and code 
                words for, or used as a part of, a commercial exchange 
                described in subsection (a)(1)(B);
                    ``(C) preventing the reposting of previously banned 
                or removed postings or postings by persons who 
                repeatedly post inappropriate content;
                    ``(D) requiring a person who posts an adult 
                advertisement to provide a valid telephone number and 
                credit card number (regardless of whether a fee is 
                charged for the posting);
                    ``(E) if a fee is charged for posting an adult 
                advertisement, prohibiting the use of anonymous payment 
                methods, including algorithm currencies, virtual 
                currencies, prepaid cards, and gift cards;
                    ``(F) requiring the reporting of any instances of 
                apparent child sexual exploitation or online enticement 
                of children to law enforcement agencies and the 
                National Center for Missing and Exploited Children;
                    ``(G) including information in the means or 
                facility of interstate or foreign commerce directing 
                users to report information about the prostitution of 
                children to the National Center for Missing and 
                Exploited Children and the National Human Trafficking 
                Resource Center; and
                    ``(H) affixing to each adult advertisement placed 
                or maintained on the means or facility of interstate or 
                foreign commerce, in such manner and in such form as 
                the Attorney General shall by regulation establish, 
                contact information regarding how to contact the 
                CyberTipline of the National Center for Missing and 
                Exploited Children.
            ``(6) Criminal penalty.--
                    ``(A) In general.--Any person to whom paragraph (1) 
                applies, shall be fined not less than $250,000 and not 
                more than $350,000 for each violation, imprisoned not 
                more than 5 years, or both, if such person--
                            ``(i) fails to create or maintain the 
                        records as required by this subsection or by 
                        any regulation promulgated under this 
                        subsection;
                            ``(ii) knowingly makes any false entry in 
                        or knowingly fails to make an appropriate entry 
                        in, any record required by this subsection or 
                        any regulation promulgated under this section;
                            ``(iii) knowingly fails to comply with the 
                        provisions of this subsection or any regulation 
                        promulgated under this section; or
                            ``(iv) refuses to permit the Attorney 
                        General, a designee of the Attorney General, 
                        the attorney general of a State, or a designee 
                        of the attorney general of a State to conduct 
                        an inspection under this subsection.
                    ``(B) Criminal penalty for repeat offenders.--In 
                the case of a second or subsequent conviction of a 
                violation described in subparagraph (A) by a person to 
                whom paragraph (1) applies, the person shall be fined 
                not less than $350,000 and not more than $500,000 for 
                each such violation, imprisoned for not more than 15 
                years, or both.''.
    (b) Criminal Forfeiture.--Section 982(a) of title 18, United States 
Code, is amended by adding at the end the following:
            ``(9) The court, in sentencing a defendant convicted of an 
        offense under section 1591A, shall order that the defendant 
        forfeit to the United States any real or personal property--
                    ``(A) used or intended to be used to commit, to 
                facilitate, or to promote the commission of such 
                offense; and
                    ``(B) constituting, derived from, or traceable to 
                the gross proceeds that the defendant obtained directly 
                or indirectly as a result of the offense.''.
    (c) Civil Action.--Section 1595(a) of title 18, United States Code, 
is amended by inserting ``or person (as defined in section 1591A)'' 
after ``individual''.
    (d) Extraterritorial Jurisdiction.--Section 1596(a) of title 18, 
United States Code, is amended by striking ``or 1591'' and inserting 
``1591, or 1591A''.
    (e) Duty To Report.--Section 2258A of title 18, United States Code, 
is amended--
            (1) by striking subsection (a)(2) and inserting the 
        following:
            ``(2) Facts or circumstances.--The facts or circumstances 
        described in this paragraph are any facts or circumstances--
                    ``(A) from which there is an apparent violation 
                of--
                            ``(i) section 1466A;
                            ``(ii) section 2251, 2251A, 2252, 2252A, 
                        2252B, or 2260 that involves child pornography; 
                        or
                            ``(iii) section 2422(b); or
                    ``(B) that involve commercial sexual exploitation 
                of children or online enticement of children.'';
            (2) in subsection (b)(1), by striking ``violated a Federal 
        law described in subsection (a)(2)'' and inserting ``violated a 
        Federal law described in subsection (a)(2)(A) or engaged in 
        conduct described in subsection (a)(2)(B)''; and
            (3) by striking subsection (e) and inserting the following:
    ``(e) Failure To Report.--An electronic communication service 
provider or remote computing service provider that fails to make a 
report required under subsection (a)(1), with reckless disregard of the 
requirement to make a report required under subsection (a)(1), shall be 
fined--
            ``(1) in the case of an initial such failure to make a 
        report, not more than $250,000; and
            ``(2) in the case of any second or subsequent such failure 
        to make a report, not more than $500,000.''.
    (f) False Statements.--Section 1001(a) of title 18, United States 
Code, is amended, in the matter following paragraph (3), by adding at 
the end the following: ``If the matter relates to an offense under 
section 1591A, the term of imprisonment imposed under this section 
shall be not more than 15 years.''.
    (g) Technical and Conforming Amendment.--The table of sections for 
chapter 77 of title 18, United States Code, is amended by inserting, 
after the item relating to section 1591, the following:

``1591A. Commercial sexual exploitation.''.

SEC. 4. SEVERABILITY.

    If any provision of this Act or any amendment made by this Act, or 
any application of such provision or amendment to any person or 
circumstance, is held to be unconstitutional, the remainder of the 
provisions of this Act and the amendments made by this Act and the 
application of the provision or amendment to any other person or 
circumstance shall not be affected.
                                 <all>
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