Justice for Victims of Trafficking Act of 2014

Bill: 113-hr-3530
Sponsor: Rep. Poe, Ted [R-TX-2]
Introduced: 2013-11-19 in the House
Policy area: Crime and Law Enforcement
Subjects: Accounting and auditing
Administrative law and regulatory procedures
Administrative remedies
Adoption and foster care
Child safety and welfare
Congressional oversight
Crime victims
Crimes against children
Criminal investigation, prosecution, interrogation
Criminal justice information and records
Criminal procedure and sentencing
Department of Health and Human Services
Department of Justice
Domestic violence and child abuse
Evidence and witnesses
Executive agency funding and structure
Family services
Government employee pay, benefits, personnel management
Government information and archives
Government studies and investigations
Government trust funds
Health programs administration and funding
Home and outpatient care
Human trafficking
Judicial procedure and administration
Juvenile crime and gang violence
Law enforcement administration and funding
Law enforcement officers
Organized crime
Pornography
Sex offenses
Social work, volunteer service, charitable organizations
Transportation costs
Travel and tourism
Violent crime
Vocational and technical education

Summary:
action_date: 2013-11-19
text: 
Justice for Victims of Trafficking Act of 2013 - Amends the federal criminal code to impose an additional penalty of $5,000 on any person or entity convicted of crimes relating to: (1) peonage, slavery, and trafficking in persons; (2) sexual abuse; (3) sexual exploitation and other abuse of children; (4) transportation for illegal sexual activity; or (5) human smuggling in violation of the Immigration and Nationality Act. Establishes in the Treasury the Domestic Trafficking Victims' Fund into which such penalties shall be deposited and which shall be used in FY2015-FY2019 to award grants or enhance victims' programming under the Trafficking Victims Protection Act of 2000, the Trafficking Victims Protection Reauthorization Act of 2005, and the Victims of Child Abuse Act of 1990. Allots funds to provide services for child pornography victims. 
 
Amends the Trafficking Victims Protection Act of 2000 to direct the Secretary of Health and Human Services (HHS) to make a determination, based on credible evidence, that a covered individual (i.e., a U.S. citizen or a permanent resident) has been a victim of a severe form of trafficking.
 
Amends the Trafficking Victims Protection Reauthorization Act of 2005 to authorize the Attorney General to award block grants to develop, improve, or expand comprehensive domestic child trafficking deterrence programs to rescue and restore the lives of trafficking victims, while investigating and prosecuting offenses involving child trafficking.
 
Amends the Victims of Child Abuse Act of 1990 to include human trafficking and the production of child pornography within the definition of child abuse for purposes of such Act.
 
Amends the federal criminal code to: (1) increase restitution for victims of human trafficking; (2) set forth provisions for combating aggravated human trafficking racketeering; (3) allow state and local prosecutors to obtain wiretap warrants in state courts for investigations into human trafficking, child sexual exploitation, and child pornography production; (4) increase penalties for offenses involving enticement into slavery, sex trafficking of children, child exploitation, and repeat sex offenders; and (5) revise the definition of the crime of travel with intent to engage in illicit sexual conduct to facilitate prosecutions of such crime.
 
Directs the Attorney General to ensure that all task forces and working groups within the Innocence Lost National Initiative engage in activities, programs, or operations to increase the investigative capabilities of law enforcement personnel in the detection, investigation, and prosecution of persons who patronize or solicit children for sex. 
 
Requires the Attorney General to audit grants awarded under the Trafficking Victims Protection Reauthorization Act of 2005. Imposes limits on the use of Department of Justice (DOJ) funds for DOJ conferences involving more than $20,000.

action_date: 2014-05-15
text: 
Justice for Victims of Trafficking Act of 2014 - (Sec. 2) Amends the Victims of Crime Act of 1984 to specify amounts that shall be available for obligation from the Crime Victims Fund for each of FY2016-FY2020.
 
(Sec. 3) Amends the Trafficking Victims Protection Reauthorization Act of 2005 to authorize the Attorney General to make grants to eligible entities to develop, improve, or expand comprehensive domestic child 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 trafficking victims, while investigating and prosecuting offenses involving child human trafficking. Defines an "eligible entity" as a state or local government that: (1) has significant criminal activity involving child human trafficking; (2) has demonstrated cooperation between federal, state, local, and tribal law enforcement agencies, prosecutors, and social service providers in addressing child human trafficking; and (3) has developed a workable, multi-disciplinary plan to combat child human trafficking. Authorizes such grants to be used for 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; 
 
dedicated anti-child human trafficking law enforcement units and task forces to investigate child human trafficking offenses and to rescue victims; 
 
problem solving court programs for child human trafficking victims; and 
 
victims' services programs for victims of child human trafficking. 

 
(Sec. 4) Amends the Victims of Child Abuse Act of 1990 to: (1) authorize appropriations for FY2015-FY2019 for the children's advocacy program, multidisciplinary child abuse investigation and prosecution programs, and training and technical assistance to improve the criminal prosecution of child abuse; (2) include human trafficking and the production of child pornography within the definition of "child abuse" for purposes of such Act; and (3) authorize grants to develop and implement specialized programs to identify and provide direct services to victims of child pornography. 
 
(Sec. 5) Amends the federal criminal code to allow state and local prosecutors to obtain wiretap warrants in state courts for investigations into human trafficking, child sexual exploitation, and child pornography production.
 
(Sec. 6) Amends the Crime Control Act of 1990 to require the law enforcement agency that enters a missing children report with the National Crime Information Center to: (1) include a photograph of the child taken within the previous 180 days, and (2) 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.
 
(Sec. 7) Amends the federal criminal code to: (1) apply the prohibition against sex trafficking of minors or of other persons by force, fraud, or coercion to patronizing or soliciting such a person for a commercial sex act, and (2) provide that the government need not prove that the defendant recklessly disregarded the fact that the the victim had not yet attained 18 years of age if the defendant had a reasonable opportunity to observe the victim.
 
(Sec. 8) Directs the Attorney General to ensure that all task forces and working groups within the Violent Crimes Against Children Program engage in activities to increase the investigative capabilities of law enforcement personnel in the detection, investigation, and prosecution of persons who patronize or solicit children for sex. 
 
(Sec. 9) Modifies the standard for defense to a prosecution for transportation of a minor with intent to engage in criminal sexual activity to require the defendant to show by clear and convincing evidence (currently, by a preponderance of the evidence) that the defendant reasonably believed that the person with whom he or she engaged in the commercial sex act had attained 18 years of age.
 
(Sec. 10) Requires the Attorney General to audit grants awarded under this Act. Makes a grantee that is found to have an unresolved audit finding ineligible for an allocation of grant funds from the covered grant program during the first 2 fiscal years beginning after the end of the 12-month period from the date on which the final audit report is issued. Requires the Attorney General seek to recoup the costs of the repayment to the Fund from a grantee that was erroneously awarded grant funds. Makes a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax on unrelated business income ineligible to receive any such grant. Conditions receipt of such a grant by a nonprofit organization on disclosure on its grant application of the compensation of its officers, directors, and trustees. 
 
Restricts the use of grant funds for conferences or lobbying.
 
(Sec. 11) Amends the Crime Victims' Rights Act to include among the rights of crime victims: (1) the right to be informed in a timely manner of any plea bargain or deferred prosecution agreement, and (2) the right to be informed about all such rights and about victims' services required under the Victims' Rights and Restitution Act of 1990 and to be provided contact information for the Office of the Victims' Rights Ombudsman of the Department of Justice (DOJ). Makes an exception to the requirement that the court of appeals take up and decide an application for a writ of mandamus regarding a motion asserting a victim's right within 72 hours after the petition for such writ has been filed if the litigants, with the approval of the court, have stipulated to a different time period for consideration. 
 
(Sec. 12) Expresses the sense of Congress that child human trafficking has no place in a civilized society and that persons who commit crimes relating to it should be prosecuted to the fullest extent of the law.

action_date: 2014-05-20
text: 
Justice for Victims of Trafficking Act of 2014 - (Sec. 2) Amends the Victims of Crime Act of 1984 to authorize a limitation on obligations to be provided for the Crime Victims Fund for FY2016-FY2020. Specifies that except where such a limitation is made by a continuing resolution, if such a limitation is less than the amount specified for each of those years, all sums deposited in the fund in prior fiscal years shall become available for obligation.
 
(Sec. 3) Amends the Trafficking Victims Protection Reauthorization Act of 2005 to authorize the Attorney General to make grants to eligible entities to develop, improve, or expand comprehensive domestic child 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 trafficking victims, while investigating and prosecuting offenses involving child human trafficking. Defines an "eligible entity" as a state or local government that: (1) has significant criminal activity involving child human trafficking; (2) has demonstrated cooperation between federal, state, local, and tribal law enforcement agencies, prosecutors, and social service providers in addressing child human trafficking; and (3) has developed a workable, multi-disciplinary plan to combat child human trafficking. Authorizes such grants to be used for 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; 
 
dedicated anti-child human trafficking law enforcement units and task forces to investigate child human trafficking offenses and to rescue victims; 
 
problem solving court programs for child human trafficking victims; and 
 
victims' services programs for victims of child human trafficking. 

 
(Sec. 4) Amends the Victims of Child Abuse Act of 1990 to: (1) authorize appropriations for FY2015-FY2019 for the children's advocacy program, multidisciplinary child abuse investigation and prosecution programs, and training and technical assistance to improve the criminal prosecution of child abuse; (2) include human trafficking and the production of child pornography within the definition of "child abuse" for purposes of such Act; and (3) authorize grants to develop and implement specialized programs to identify and provide direct services to victims of child pornography. 
 
(Sec. 5) Amends the federal criminal code to allow state and local prosecutors to obtain wiretap warrants in state courts for investigations into human trafficking, child sexual exploitation, and child pornography production.
 
(Sec. 6) Amends the Crime Control Act of 1990 to require the law enforcement agency that enters a missing children report with the National Crime Information Center to: (1) include a photograph of the child taken within the previous 180 days, and (2) 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.
 
(Sec. 7) Amends the federal criminal code to: (1) apply the prohibition against sex trafficking of minors or of other persons by force, fraud, or coercion to patronizing or soliciting such a person for a commercial sex act, and (2) provide that the government need not prove that the defendant recklessly disregarded the fact that the victim had not yet attained 18 years of age if the defendant had a reasonable opportunity to observe the victim.
 
(Sec. 8) Directs the Attorney General to ensure that all task forces and working groups within the Violent Crimes Against Children Program engage in activities to increase the investigative capabilities of law enforcement personnel in the detection, investigation, and prosecution of persons who patronize or solicit children for sex. 
 
(Sec. 9) Modifies the standard for defense to a prosecution for transportation of a minor with intent to engage in criminal sexual activity to require the defendant to show by clear and convincing evidence (currently, by a preponderance of the evidence) that the defendant reasonably believed that the person with whom he or she engaged in the commercial sex act had attained 18 years of age.
 
(Sec. 10) Requires the the Inspector General of the Department of Justice to audit grants awarded under this Act. Makes a grantee that is found to have an unresolved audit finding ineligible for an allocation of grant funds from the covered grant program during the first 2 fiscal years beginning after the end of the 12-month period from the date on which the final audit report is issued. Requires the Attorney General seek to recoup the costs of the repayment to the Fund from a grantee that was erroneously awarded grant funds. Makes a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax on unrelated business income ineligible to receive any such grant. Conditions receipt of such a grant by a nonprofit organization on disclosure on its grant application of the compensation of its officers, directors, and trustees. 
 
Restricts the use of grant funds for conferences or lobbying.
 
(Sec. 11) Amends the federal criminal code to include among the rights of crime victims: (1) the right to be informed in a timely manner of any plea bargain or deferred prosecution agreement, and (2) the right to be informed about all such rights and about victims' services required under the Victims' Rights and Restitution Act of 1990 and to be provided contact information for the Office of the Victims' Rights Ombudsman of the Department of Justice (DOJ). Makes an exception to the requirement that the court of appeals take up and decide an application for a writ of mandamus regarding a motion asserting a victim's right within 72 hours after the petition for such writ has been filed if the litigants, with the approval of the court, have stipulated to a different time period for consideration. 
 
(Sec. 12) Expresses the sense of Congress that: (1) child human trafficking has no place in a civilized society and that persons who commit crimes relating to it should be prosecuted to the fullest extent of the law; (2) the United States, as a leader in monitoring and combating human trafficking throughout the world, must hold all nations to U.S. standards; (3) those who obtain, solicit, or patronize a victim of trafficking for the purpose of engaging in a commercial sex act are committing a human trafficking offense under federal law; and (4) the demand for commercial sex is a primary cause of the human rights violation of human trafficking and the elimination of that violation requires the elimination of that demand.


Legislative actions:
action_date: 2014-05-21
text: Received in the Senate.
action_date: 2014-05-20
text: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 409 - 0 (Roll no. 221). (text: CR H4501-4504)
action_date: 2014-05-20
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 409 - 0 (Roll no. 221).(text: CR H4501-4504)
action_date: 2014-05-20
text: Considered as unfinished business. (consideration: CR H4534-4535)
action_date: 2014-05-20
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2014-05-20
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 3530.
action_date: 2014-05-20
text: Considered under suspension of the rules. (consideration: CR H4501-4509)
action_date: 2014-05-20
text: Mr. Goodlatte moved to suspend the rules and pass the bill, as amended.
action_date: 2014-05-15
text: Placed on the Union Calendar, Calendar No. 332.
action_date: 2014-05-15
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 113-450.
action_date: 2014-05-15
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 113-450.
action_date: 2014-04-30
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2014-04-30
text: Committee Consideration and Mark-up Session Held.
action_date: 2014-04-29
text: Subcommittee on Crime, Terrorism, Homeland Security, and Investigations Discharged.
action_date: 2014-01-09
text: Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
action_date: 2013-11-19
text: Referred to the House Committee on the Judiciary.
action_date: 2013-11-19
text: Introduced in House
action_date: 2013-11-19
text: Introduced in House