Sec. 221. Domestic minor sex trafficking deterrence and victims support

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It is the sense of the Congress that— the Attorney General should implement changes to the National Crime Information Center database to ensure that— a child entered into the database will be automatically designated as an endangered juvenile if the child has been reported missing not less than 3 times in a 1-year period; the database is programmed to cross-reference newly entered reports with historical records already in the database; and the database is programmed to include a visual cue on the record of a child designated as an endangered juvenile to assist law enforcement officers in recognizing the child and providing the child with appropriate care and services; funds awarded under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. ) (commonly known as Byrne Grants) should be used to provide education, training, deterrence, and prevention programs relating to sex trafficking of minors;

States should— treat minor victims of sex trafficking as crime victims rather than as criminal defendants or juvenile delinquents; adopt laws that— establish the presumption that a child under the age of 18 who is charged with a prostitution offense is a minor victim of sex trafficking; avoid the criminal charge of prostitution for such a child, and instead consider such a child a victim of crime and provide the child with appropriate services and treatment; and strengthen criminal provisions prohibiting the purchasing of commercial sex acts, especially with minors; and amend State statutes and regulations— relating to crime victim compensation to make eligible for such compensation any individual who is a victim of sex trafficking as defined in section 1591(a) of title 18, United States Code, or a comparable State law against commercial sexual exploitation of children, and who would otherwise be ineligible for such compensation due to participation in prostitution activities because the individual is determined to have contributed to, consented to, benefitted from, or otherwise participated as a party to the crime for which the individual is claiming injury; and relating to law enforcement reporting requirements to provide for exceptions to such requirements for victims of sex trafficking in the same manner as exceptions are provided to victims of domestic violence or related crimes; and demand for commercial sex with sex trafficking victims must be deterred through consistent enforcement of criminal laws against purchasing commercial sex.

Section 202 of the Trafficking Victims Protection Reauthorization Act of 2005 ( 42 U.S.C. 14044a ) is amended to read as follows: In this section— the term Assistant Attorney General means the Assistant Attorney General for the Office of Justice Programs of the Department of Justice; the term eligible entity means a State or unit of local government that— has significant criminal activity involving sex trafficking of minors; has demonstrated cooperation between State and local law enforcement agencies, prosecutors, and social service providers in addressing sex trafficking of minors; has developed a workable, multi-disciplinary plan to combat sex trafficking of minors, including— the establishment of a shelter for minor victims of sex trafficking, through existing or new facilities; the provision of rehabilitative care to minor victims of sex trafficking; the provision of specialized training for law enforcement officers and social service providers for all forms of sex trafficking, with a focus on sex trafficking of minors; prevention, deterrence, and prosecution of offenses involving sex trafficking of minors; cooperation or referral agreements with organizations providing outreach or other related services to runaway and homeless youth; and law enforcement protocols or procedures to screen all individuals arrested for prostitution, whether adult or minor, for victimization by sex trafficking and by other crimes, such as sexual assault and domestic violence; has a victim certification process for eligibility and access to State-administered medical care to ensure that minor victims of sex trafficking who are not eligible for interim assistance under section 107(b)(1)(F) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)(F)) are granted eligibility for, and have access to, State-administered medical care immediately upon certification as such a victim, or as soon as practicable thereafter but not later than the period determined by the Assistant Attorney General in consultation with the Assistant Secretary for Children and Families of the Department of Health and Human Services; and provides an assurance that, under the plan under subparagraph

(C), a minor victim of sex trafficking shall not be required to collaborate with law enforcement to have access to any shelter or services provided with a grant under this section; the term minor victim of sex trafficking means an individual who is— under the age of 18 years old, and is a victim of an offense described in section 1591(a) of title 18, United States Code, or a comparable State law; or at least 18 years old but not more than 20 years old, and who, on the day before the individual attained 18 years of age, was described in subparagraph

(A)and was receiving shelter or services as a minor victim of sex trafficking; the term qualified non-governmental organization means an organization that— is not a State or unit of local government, or an agency of a State or unit of local government; has demonstrated experience providing services described in paragraph (3)(B) to victims of sex trafficking or related populations (such as runaway and homeless youth), or employs staff specialized in the treatment of sex trafficking victims; and demonstrates a plan to sustain the provision of services beyond the period of a grant awarded under this section; and the term sex trafficking of a minor means an offense described in subsection

(a)of section 1591 of title 18, United States Code, the victim of which is a minor. The Assistant Attorney General, in consultation with the Assistant Secretary for Children and Families of the Department of Health and Human Services, is authorized to award block grants to not more than 6 eligible entities in different regions of the United States to combat sex trafficking, and not fewer than 1 of the block grants shall be awarded to an eligible entity with a State population of less than 5,000,000. Subject to the availability of appropriations under subsection

(f)to carry out this subsection, each grant awarded under this subsection shall be for an amount not less than $1,500,000 and not greater than $2,000,000. A grant awarded under this section shall be for a period of 1 year. The Assistant Attorney General may renew a grant under this section for two 1-year periods. In awarding grants in any fiscal year after the first fiscal year in which grants are awarded under this section, the Assistant Attorney General shall give priority to applicants that received a grant in the preceding fiscal year and are eligible for renewal under this subparagraph, taking into account any evaluation of such applicant conducted pursuant to subsection

(e), if available. In carrying out this subsection, consultation by the Assistant Attorney General with the Assistant Secretary for Children and Families of the Department of Health and Human Services shall include consultation with respect to grantee evaluations, the avoidance of unintentional duplication of grants, and any other areas of shared concern. For each grant awarded under subsection

(b)— not less than 50 percent of the funds shall be used by the eligible entity to provide shelter and services (as described in subparagraphs

(A)through

(D)of paragraph

(2)) to minor victims of sex trafficking through qualified nongovernmental organizations; and not less than 10 percent of the funds shall be awarded by the eligible entity to one or more qualified nongovernmental organizations with annual revenues of less than $750,000, to provide services to minor victims of sex trafficking or training for service providers related to sex trafficking of minors. Grants awarded pursuant to subsection

(b)may be used for— providing shelter to minor victims of trafficking, including temporary or long-term placement as appropriate; providing 24-hour emergency social services response for minor victims of sex trafficking; providing minor victims of sex trafficking with clothing and other daily necessities needed to keep such victims from returning to living on the street; case management services for minor victims of sex trafficking; mental health counseling for minor victims of sex trafficking, including specialized counseling and substance abuse treatment; legal services for minor victims of sex trafficking; specialized training for law enforcement personnel and social service providers, specific to issues related to sex trafficking, including sex trafficking of minors; 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 subsection

(b)shall not be more than the percentage of the officer’s time on duty that is dedicated to working on cases involving sex trafficking of minors; funding salaries for State and local prosecutors, including assisting in paying trial expenses for prosecution of sex trafficking offenders; investigation expenses for cases involving sex trafficking of minors, including— wire taps; consultants with expertise specific to cases involving sex trafficking of minors; travel; and any other technical assistance expenditures; outreach and education programs to provide information about deterrence and prevention of sex trafficking of minors; and start up costs for self-sustaining programs to provide treatment to individuals charged or cited with purchasing or attempting to purchase sex acts in cases where— a treatment program can be mandated as a condition of a sentence, fine, suspended sentence, or probation, or is an appropriate alternative to criminal prosecution; and the individual was not charged with purchasing or attempting to purchase sex acts with a minor. Grants awarded pursuant to paragraph

(2)shall not be used for medical care (as defined in section 2791(a)(2) of the Public Health Service Act (42 U.S.C. 300gg–91)), except that grants may be used for mental health counseling as authorized under paragraph (2)(E) . Each eligible entity desiring a grant under this Act shall submit an application to the Assistant Attorney General at such time, in such manner, and accompanied by such information as the Assistant Attorney General may reasonably require. Each application submitted pursuant to paragraph

(1)shall— describe the activities for which assistance under this section is sought; and provide such additional assurances as the Assistant Attorney General determines to be essential to ensure compliance with the requirements of this Act. The Assistant Attorney General shall, in consultation with the Comptroller General of the United States, enter into a contract with an academic or non-profit organization that has experience in issues related to sex trafficking of minors 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 subsection

(b). For each of the fiscal years 2014 through 2017, there are authorized to be appropriated $8,000,000 to the Attorney General to carry out the provisions of this section. . Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended— in paragraph (32), by striking and after the semicolon; in paragraph (33), by striking the period and inserting ; and ; and by inserting after paragraph

(33)the following: provides that the State has in effect procedures that require the State agency to promptly report information on missing or abducted children to the law enforcement authorities for entry into the National Crime Information Center

(NCIC)database of the Federal Bureau of Investigation, established pursuant to section 534 of title 28, United States Code. . The Secretary of Health and Human Services shall promulgate regulations implementing the amendments made by subparagraph

(A). The regulations promulgated under this subsection shall include provisions to withhold Federal funds from any State that fails to substantially comply with the requirement imposed under the amendments made by subparagraph

(A). The amendment made by subparagraph

(A)shall take effect on the date that is 6 months after the date of the enactment of this Act, without regard to whether final regulations required under subparagraph

(B)have been promulgated. Section 3701(c) of the Crime Control Act of 1990 ( 42 U.S.C. 5779(c) ) is amended by inserting , which shall include the total number of reports received and the total number of entries made to the National Crime Information Center

(NCIC)database of the Federal Bureau of Investigation, established pursuant to after section 534 of title 28, United States Code. this title . Section 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) is amended in paragraph (4)— by striking

(2)and inserting

(3); in subparagraph (A), by inserting , and a photograph taken within the previous 180 days after dental records ; in subparagraph (B), by striking and after the semicolon; by redesignating subparagraph

(C)as subparagraph (D); and by inserting after subparagraph

(B)the following: 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 .

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