II 114TH CONGRESS 1ST SESSION S. 178 To provide justice for the victims of trafficking. IN THE SENATE OF THE UNITED STATES JANUARY 13, 2015 Mr. CORNYN (for himself, Ms. KLOBUCHAR, Mr. WYDEN, Mr. KIRK, Mr. HATCH, Mr. GRAHAM, Mr. COONS, Mr. UDALL, Mr. COATS, Mr. CRAPO, Mr. HOEVEN, Mr. CASEY, and Mrs. FEINSTEIN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide justice for the victims of trafficking. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 4 (a) SHORT TITLE.—This Act may be cited as the 5 ‘‘Justice for Victims of Trafficking Act of 2015’’. 6 (b) TABLE OF CONTENTS.—The table of contents for rfrederick on DSK6VPTVN1PROD with BILLS 7 this Act is as follows: Sec. Sec. Sec. Sec. Short title; table of contents. Domestic Trafficking Victims’ Fund. Official recognition of American victims of human trafficking. Victim-centered child human trafficking deterrence block grant program. Sec. 5. Direct services for victims of child pornography. Sec. 6. Increasing compensation and restitution for trafficking victims. Sec. 7. Streamlining human trafficking investigations. VerDate Sep 11 2014 01:43 Jan 24, 2015 1. 2. 3. 4. Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S178.IS S178 2 Sec. 8. Enhancing human trafficking reporting. Sec. 9. Reducing demand for sex trafficking. Sec. 10. Using existing task forces and components to target offenders who exploit children. Sec. 11. Targeting child predators. Sec. 12. Monitoring all human traffickers as violent criminals. Sec. 13. Crime victims’ rights. Sec. 14. Combat Human Trafficking Act. Sec. 15. Grant accountability. 1 SEC. 2. DOMESTIC TRAFFICKING VICTIMS’ FUND. 2 (a) IN GENERAL.—Chapter 201 of title 18, United 3 States Code, is amended by adding at the end the fol4 lowing: 5 ‘‘§ 3014. Additional special assessment 6 ‘‘(a) IN GENERAL.—In addition to the assessment 7 imposed under section 3013, the court shall assess an 8 amount of $5,000 on any non-indigent person or entity 9 convicted of an offense under— 10 11 ‘‘(1) chapter 77 (relating to peonage, slavery, and trafficking in persons); 12 ‘‘(2) chapter 109A (relating to sexual abuse); 13 ‘‘(3) chapter 110 (relating to sexual exploitation 14 and other abuse of children); 15 rfrederick on DSK6VPTVN1PROD with BILLS 16 ‘‘(4) chapter 117 (relating to transportation for illegal sexual activity and related crimes); or 17 ‘‘(5) section 274 of the Immigration and Na- 18 tionality Act (8 U.S.C. 1324) (relating to human 19 smuggling), unless the person induced, assisted, 20 abetted, or aided only an individual who at the time 21 of such action was the alien’s spouse, parent, son, or •S 178 IS VerDate Sep 11 2014 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 3 1 daughter (and no other individual) to enter the 2 United States in violation of law. 3 ‘‘(b) SATISFACTION OF OTHER COURT-ORDERED OB- 4 LIGATIONS.—An assessment under subsection (a) shall 5 not be payable until the person subject to the assessment 6 has satisfied all outstanding court-ordered fines and or7 ders of restitution arising from the criminal convictions 8 on which the special assessment is based. 9 ‘‘(c) ESTABLISHMENT OF DOMESTIC TRAFFICKING 10 VICTIMS’ FUND.—There is established in the Treasury of 11 the United States a fund, to be known as the ‘Domestic 12 Trafficking Victims’ Fund’ (referred to in this section as 13 the ‘Fund’), to be administered by the Attorney General, 14 in consultation with the Secretary of Homeland Security 15 and the Secretary of Health and Human Services. 16 ‘‘(d) DEPOSITS.—Notwithstanding section 3302 of 17 title 31, or any other law regarding the crediting of money 18 received for the Government, there shall be deposited in 19 the Fund an amount equal to the amount of the assess20 ments collected under this section, which shall remain 21 available until expended. 22 ‘‘(e) USE OF FUNDS.— rfrederick on DSK6VPTVN1PROD with BILLS 23 ‘‘(1) IN GENERAL.—From amounts in the 24 Fund, in addition to any other amounts available, 25 and without further appropriation, the Attorney •S 178 IS VerDate Sep 11 2014 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 4 1 General, in coordination with the Secretary of 2 Health and Human Services shall, for each of fiscal 3 years 2016 through 2020, use amounts available in 4 the Fund to award grants or enhance victims’ pro- 5 gramming under— 6 ‘‘(A) sections 202, 203, and 204 of the 7 Trafficking Victims Protection Reauthorization 8 Act of 2005 (42 U.S.C. 14044a, 14044b, and 9 14044c); 10 ‘‘(B) subsections (b)(2) and (f) of section 11 107 of the Trafficking Victims Protection Act 12 of 2000 (22 U.S.C. 7105); and rfrederick on DSK6VPTVN1PROD with BILLS 13 ‘‘(C) section 214(b) of the Victims of Child 14 Abuse Act of 1990 (42 U.S.C. 13002(b)). 15 ‘‘(2) GRANTS.—Of the amounts in the Fund 16 used under paragraph (1), not less than $2,000,000 17 shall be used for grants to provide services for child 18 pornography victims under section 214(b) of the 19 Victims of Child Abuse Act of 1990 (42 U.S.C. 20 13002(b)). 21 ‘‘(3) LIMITATIONS.—Amounts in the Fund, or 22 otherwise transferred from the Fund, shall be sub- 23 ject to the limitations on the use or expending of 24 amounts described in sections 506 and 507 of divi- 25 sion H of the Consolidated Appropriations Act, 2014 •S 178 IS VerDate Sep 11 2014 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 5 1 (Public Law 113–76; 128 Stat. 409) to the same ex- 2 tent as if amounts in the Fund were funds appro- 3 priated under division H of such Act. 4 ‘‘(f) TRANSFERS.— 5 ‘‘(1) IN GENERAL.—Effective on the day after 6 the date of enactment of the Justice for Victims of 7 Trafficking Act of 2015, on September 30 of each 8 fiscal year, all unobligated balances in the Fund 9 shall be transferred to the Crime Victims Fund es- 10 tablished under section 1402 of the Victims of Crime 11 Act of 1984 (42 U.S.C. 10601). 12 13 ‘‘(2) AVAILABILITY.—Amounts transferred under paragraph (1)— 14 ‘‘(A) shall be available for any authorized 15 purpose of the Crime Victims Fund; and 16 ‘‘(B) shall remain available until expended. 17 ‘‘(g) COLLECTION METHOD.—The amount assessed 18 under subsection (a) shall, subject to subsection (b), be 19 collected in the manner that fines are collected in criminal 20 cases. 21 ‘‘(h) DURATION OF OBLIGATION.—The obligation to 22 pay an assessment imposed on or after the date of enact- rfrederick on DSK6VPTVN1PROD with BILLS 23 ment of the Justice for Victims of Trafficking Act of 2015 24 shall not cease until the assessment is paid in full.’’. •S 178 IS VerDate Sep 11 2014 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 6 1 (b) TECHNICAL AND CONFORMING AMENDMENT.— 2 The table of sections for chapter 201 of title 18, United 3 States Code, is amended by inserting after the item relat4 ing to section 3013 the following: ‘‘3014. Additional special assessment.’’. 5 SEC. 3. OFFICIAL RECOGNITION OF AMERICAN VICTIMS OF 6 7 HUMAN TRAFFICKING. Section 107 of the Trafficking Victims Protection Act 8 of 2000 (22 U.S.C. 7105) is amended— 9 10 (1) by redesignating subsection (f) (as originally enacted), as subsection (h); and 11 (2) in subsection (f) (as added by section 12 213(a)(1) of the William Wilberforce Trafficking 13 Victims Protection Reauthorization Act of 2008 14 (Public Law 110–457)), by adding at the end the 15 following: 16 17 ‘‘(4) OFFICIAL TIMS OF HUMAN TRAFFICKING.— 18 rfrederick on DSK6VPTVN1PROD with BILLS RECOGNITION OF AMERICAN VIC- ‘‘(A) IN GENERAL.—Upon receiving cred- 19 ible information that establishes, by a prepon- 20 derance of the evidence, that a covered indi- 21 vidual is a victim of a severe form of trafficking 22 and at the request of the covered individual, the 23 Secretary of Health and Human Services shall 24 promptly issue a determination that the covered 25 individual is a victim of a severe form of traf•S 178 IS VerDate Sep 11 2014 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 7 1 ficking. The Secretary shall have exclusive au- 2 thority to make such a determination. 3 ‘‘(B) COVERED 4 this subsection, the term ‘covered individual’ 5 means— 6 ‘‘(i) a citizen of the United States; or 7 ‘‘(ii) an alien lawfully admitted for 8 permanent residence (as defined in section 9 101(20) of the Immigration and Nation- 10 ality Act (8 U.S.C. 1101(20))). 11 ‘‘(C) PROCEDURE.—For purposes of this 12 paragraph, in determining whether a covered 13 individual has provided credible information 14 that the covered individual is a victim of a se- 15 vere form of trafficking, the Secretary of 16 Health and Human Services shall consider all 17 relevant and credible evidence, and if appro- 18 priate, consult with the Attorney General, the 19 Secretary of Homeland Security, or the Sec- 20 retary of Labor. 21 rfrederick on DSK6VPTVN1PROD with BILLS INDIVIDUAL DEFINED.—In ‘‘(D) PRESUMPTIVE EVIDENCE.—For 22 poses of this paragraph, the following forms of 23 evidence shall receive deference in determining 24 whether a covered individual has established •S 178 IS VerDate Sep 11 2014 pur- 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 8 1 that the covered individual is a victim of a se- 2 vere form of trafficking: 3 ‘‘(i) A sworn statement by the covered 4 individual or a representative of the cov- 5 ered individual if the covered individual is 6 present at the time of such statement but 7 not able to competently make such sworn 8 statement. 9 ‘‘(ii) Police, government agency, or 10 court records or files. 11 ‘‘(iii) Documentation from a social 12 services, trafficking, or domestic violence 13 program, child welfare or runaway and 14 homeless youth program, or a legal, clin- 15 ical, medical, or other professional from 16 whom the covered individual has sought as- 17 sistance in dealing with the crime. 18 ‘‘(iv) A statement from any other in- 19 dividual 20 cumstances that provided the basis for the 21 claim. 22 knowledge of ‘‘(E) REGULATIONS REQUIRED.—Not cir- later 24 than 18 months after the date of enactment of 25 the Justice for Victims of Trafficking Act of •S 178 IS VerDate Sep 11 2014 the ‘‘(v) Physical evidence. 23 rfrederick on DSK6VPTVN1PROD with BILLS with 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 9 1 2015, the Secretary of Health and Human 2 Services shall adopt regulations to implement 3 this paragraph. 4 ‘‘(F) RULE OF CONSTRUCTION; OFFICIAL 5 RECOGNITION 6 paragraph may be construed to require a cov- 7 ered individual to obtain a determination under 8 this paragraph in order to be defined or classi- 9 fied as a victim of a severe form of trafficking 10 11 OPTIONAL.—Nothing in this under this section.’’. SEC. 4. VICTIM-CENTERED CHILD HUMAN TRAFFICKING 12 DETERRENCE BLOCK GRANT PROGRAM. 13 (a) IN GENERAL.—Section 203 of the Trafficking 14 Victims Protection Reauthorization Act of 2005 (42 15 U.S.C. 14044b) is amended to read as follows: 16 ‘‘SEC. 203. VICTIM-CENTERED CHILD HUMAN TRAFFICKING 17 18 DETERRENCE BLOCK GRANT PROGRAM. ‘‘(a) GRANTS AUTHORIZED.—The Attorney General 19 may award block grants to an eligible entity to develop, 20 improve, or expand domestic child human trafficking de21 terrence programs that assist law enforcement officers, 22 prosecutors, judicial officials, and qualified victims’ serv- rfrederick on DSK6VPTVN1PROD with BILLS 23 ices organizations in collaborating to rescue and restore 24 the lives of victims, while investigating and prosecuting of25 fenses involving child human trafficking. •S 178 IS VerDate Sep 11 2014 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 10 1 ‘‘(b) AUTHORIZED ACTIVITIES.—Grants awarded 2 under subsection (a) may be used for— 3 ‘‘(1) the establishment or enhancement of spe- 4 cialized training programs for law enforcement offi- 5 cers, first responders, health care officials, child wel- 6 fare officials, juvenile justice personnel, prosecutors, 7 and judicial personnel to— 8 ‘‘(A) identify victims and acts of child 9 human trafficking; 10 ‘‘(B) address the unique needs of child vic- 11 tims of human trafficking; 12 ‘‘(C) facilitate the rescue of child victims of rfrederick on DSK6VPTVN1PROD with BILLS 13 human trafficking; 14 ‘‘(D) investigate and prosecute acts of 15 human trafficking, including the soliciting, pa- 16 tronizing, or purchasing of commercial sex acts 17 from children, as well as training to build cases 18 against complex criminal networks involved in 19 child human trafficking; 20 ‘‘(E) use laws that prohibit acts of child 21 human trafficking, child sexual abuse, and child 22 rape, and to assist in the development of State 23 and local laws to prohibit, investigate, and pros- 24 ecute acts of child human trafficking; and •S 178 IS VerDate Sep 11 2014 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 11 1 ‘‘(F) implement and provide education on 2 safe harbor laws enacted by States, aimed at 3 preventing the criminalization and prosecution 4 of child sex trafficking victims for prostitution 5 offenses; 6 ‘‘(2) the establishment or enhancement of dedi- 7 cated anti-trafficking law enforcement units and 8 task forces to investigate child human trafficking of- 9 fenses and to rescue victims, including— 10 ‘‘(A) funding salaries, in whole or in part, 11 for law enforcement officers, including patrol 12 officers, detectives, and investigators, except 13 that the percentage of the salary of the law en- 14 forcement officer paid for by funds from a 15 grant awarded under this section shall not be 16 more than the percentage of the officer’s time 17 on duty that is dedicated to working on cases 18 involving child human trafficking; 19 ‘‘(B) investigation expenses for cases in- rfrederick on DSK6VPTVN1PROD with BILLS 20 volving child human trafficking, including— 21 ‘‘(i) wire taps; 22 ‘‘(ii) consultants with expertise spe- 23 cific to cases involving child human traf- 24 ficking; 25 ‘‘(iii) travel; and •S 178 IS VerDate Sep 11 2014 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 12 rfrederick on DSK6VPTVN1PROD with BILLS 1 ‘‘(iv) other technical assistance ex- 2 penditures; 3 ‘‘(C) dedicated anti-trafficking prosecution 4 units, including the funding of salaries for 5 State and local prosecutors, including assisting 6 in paying trial expenses for prosecution of child 7 human trafficking offenders, except that the 8 percentage of the total salary of a State or local 9 prosecutor that is paid using an award under 10 this section shall be not more than the percent- 11 age of the total number of hours worked by the 12 prosecutor that is spent working on cases in- 13 volving child human trafficking; 14 ‘‘(D) the establishment of child human 15 trafficking victim witness safety, assistance, 16 and relocation programs that encourage co- 17 operation with law enforcement investigations 18 of crimes of child human trafficking by 19 leveraging existing resources and delivering 20 child 21 through coordination with— human trafficking victims’ 22 ‘‘(i) child advocacy centers; 23 ‘‘(ii) social service agencies; 24 ‘‘(iii) State governmental health serv- 25 ice agencies; •S 178 IS VerDate Sep 11 2014 services 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 rfrederick on DSK6VPTVN1PROD with BILLS 13 1 ‘‘(iv) housing agencies; 2 ‘‘(v) legal services agencies; and 3 ‘‘(vi) nongovernmental organizations 4 and shelter service providers with substan- 5 tial experience in delivering wrap-around 6 services to victims of child human traf- 7 ficking; and 8 ‘‘(E) the establishment or enhancement of 9 other necessary victim assistance programs or 10 personnel, such as victim or child advocates, 11 child-protective services, child forensic inter- 12 views, or other necessary service providers; and 13 ‘‘(3) the establishment or enhancement of prob- 14 lem solving court programs for trafficking victims 15 that include— 16 ‘‘(A) mandatory and regular training re- 17 quirements for judicial officials involved in the 18 administration or operation of the court pro- 19 gram described under this paragraph; 20 ‘‘(B) continuing judicial supervision of vic- 21 tims of child human trafficking who have been 22 identified by a law enforcement or judicial offi- 23 cer as a potential victim of child human traf- 24 ficking, regardless of whether the victim has •S 178 IS VerDate Sep 11 2014 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 14 1 been charged with a crime related to human 2 trafficking; 3 ‘‘(C) the development of a specialized and 4 individualized, court-ordered treatment program 5 for identified victims of child human trafficking, 6 including— 7 ‘‘(i) 8 ‘‘(ii) life skills training; 10 ‘‘(iii) housing placement; 11 ‘‘(iv) vocational training; 12 ‘‘(v) education; 13 ‘‘(vi) family support services; and 14 ‘‘(vii) job placement; 15 ‘‘(D) centralized case management involv- 16 ing the consolidation of all of each child human 17 trafficking victim’s cases and offenses, and the 18 coordination of all trafficking victim treatment 19 programs and social services; 20 ‘‘(E) regular and mandatory court appear- 21 ances by the victim during the duration of the 22 treatment program for purposes of ensuring 23 compliance and effectiveness; 24 ‘‘(F) the ultimate dismissal of relevant 25 non-violent criminal charges against the victim, •S 178 IS VerDate Sep 11 2014 outpatient treatment; 9 rfrederick on DSK6VPTVN1PROD with BILLS State-administered 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 15 1 where such victim successfully complies with the 2 terms of the court-ordered treatment program; 3 and 4 ‘‘(G) collaborative efforts with child advo- 5 cacy centers, child welfare agencies, shelters, 6 and nongovernmental organizations with sub- 7 stantial experience in delivering wrap-around 8 services to victims of child human trafficking to 9 provide services to victims and encourage co- 10 11 operation with law enforcement. ‘‘(c) APPLICATION.— 12 ‘‘(1) IN eligible entity shall sub- 13 mit an application to the Attorney General for a 14 grant under this section in such form and manner 15 as the Attorney General may require. 16 17 ‘‘(2) REQUIRED INFORMATION.—An ‘‘(A) describe the activities for which as- 19 sistance under this section is sought; 20 ‘‘(B) include a detailed plan for the use of 21 funds awarded under the grant; 22 ‘‘(C) provide such additional information 23 and assurances as the Attorney General deter- 24 mines to be necessary to ensure compliance 25 with the requirements of this section; and •S 178 IS VerDate Sep 11 2014 application submitted under this subsection shall— 18 rfrederick on DSK6VPTVN1PROD with BILLS GENERAL.—An 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 16 rfrederick on DSK6VPTVN1PROD with BILLS 1 ‘‘(D) disclose— 2 ‘‘(i) any other grant funding from the 3 Department of Justice or from any other 4 Federal department or agency for purposes 5 similar to those described in subsection (b) 6 for which the eligible entity has applied, 7 and which application is pending on the 8 date of the submission of an application 9 under this section; and 10 ‘‘(ii) any other such grant funding 11 that the eligible entity has received during 12 the 5-year period ending on the date of the 13 submission of an application under this 14 section. 15 ‘‘(3) PREFERENCE.—In reviewing applications 16 submitted in accordance with paragraphs (1) and 17 (2), the Attorney General shall give preference to 18 grant applications if— 19 ‘‘(A) the application includes a plan to use 20 awarded funds to engage in all activities de- 21 scribed under paragraphs (1) through (3) of 22 subsection (b); or 23 ‘‘(B) the application includes a plan by the 24 State or unit of local government to continue •S 178 IS VerDate Sep 11 2014 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 17 1 funding of all activities funded by the award 2 after the expiration of the award. 3 ‘‘(d) DURATION AND RENEWAL OF AWARD.— 4 ‘‘(1) IN grant under this section 5 shall expire 3 years after the date of award of the 6 grant. 7 ‘‘(2) RENEWAL.—A grant under this section 8 shall be renewable not more than 2 times and for a 9 period of not greater than 2 years. 10 ‘‘(e) EVALUATION.—The Attorney General shall— 11 ‘‘(1) enter into a contract with a nongovern- 12 mental organization, including an academic or non- 13 profit organization, that has experience with issues 14 related to child human trafficking and evaluation of 15 grant programs to conduct periodic evaluations of 16 grants made under this section to determine the im- 17 pact and effectiveness of programs funded with 18 grants awarded under this section; and 19 20 ‘‘(2) submit the results of any evaluation conducted pursuant to paragraph (1) to— 21 ‘‘(A) the Committee on the Judiciary of 22 the Senate; and 23 rfrederick on DSK6VPTVN1PROD with BILLS GENERAL.—A ‘‘(B) the Committee on the Judiciary of 24 the House of Representatives. •S 178 IS VerDate Sep 11 2014 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 18 1 ‘‘(f) MANDATORY EXCLUSION.—An eligible entity 2 awarded funds under this section that is found to have 3 used grant funds for any unauthorized expenditure or oth4 erwise unallowable cost shall not be eligible for any grant 5 funds awarded under the block grant for 2 fiscal years 6 following the year in which the unauthorized expenditure 7 or unallowable cost is reported. 8 ‘‘(g) COMPLIANCE REQUIREMENT.—An eligible enti- 9 ty shall not be eligible to receive a grant under this section 10 if within the 5 fiscal years before submitting an applica11 tion for a grant under this section, the grantee has been 12 found to have violated the terms or conditions of a Govern13 ment grant program by utilizing grant funds for unauthor14 ized expenditures or otherwise unallowable costs. 15 ‘‘(h) ADMINISTRATIVE CAP.—The cost of admin- 16 istering the grants authorized by this section shall not ex17 ceed 5 percent of the total amount expended to carry out 18 this section. 19 ‘‘(i) FEDERAL SHARE.—The Federal share of the 20 cost of a program funded by a grant awarded under this rfrederick on DSK6VPTVN1PROD with BILLS 21 section shall be— 22 ‘‘(1) 70 percent in the first year; 23 ‘‘(2) 60 percent in the second year; and 24 ‘‘(3) 50 percent in the third year, and in all 25 subsequent years. •S 178 IS VerDate Sep 11 2014 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 19 1 2 ‘‘(j) AUTHORIZATION SET.—For OF FUNDING; FULLY OFF- purposes of carrying out this section, the At- 3 torney General, in consultation with the Secretary of 4 Health and Human Services, is authorized to award not 5 more than $7,000,000 of the funds available in the Do6 mestic Trafficking Victims’ Fund, established under sec7 tion 3014 of title 18, United States Code, for each of fiscal 8 years 2016 through 2020. 9 ‘‘(k) DEFINITIONS.—In this section— 10 11 ‘‘(1) the term ‘child’ means a person under the age of 18; 12 ‘‘(2) the term ‘child advocacy center’ means a 13 center created under subtitle A of the Victims of 14 Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.); 15 ‘‘(3) the term ‘child human trafficking’ means 16 1 or more severe forms of trafficking in persons (as 17 defined in section 103 of the Trafficking Victims 18 Protection Act of 2000 (22 U.S.C. 7102)) involving 19 a victim who is a child; and 20 21 ‘‘(4) the term ‘eligible entity’ means a State or unit of local government that— 22 ‘‘(A) has significant criminal activity in- rfrederick on DSK6VPTVN1PROD with BILLS 23 volving child human trafficking; 24 ‘‘(B) has demonstrated cooperation be- 25 tween Federal, State, local, and, where applica- •S 178 IS VerDate Sep 11 2014 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 20 1 ble, tribal law enforcement agencies, prosecu- 2 tors, and social service providers in addressing 3 child human trafficking; 4 ‘‘(C) has developed a workable, multi- 5 disciplinary plan to combat child human traf- 6 ficking, including— 7 ‘‘(i) the establishment of a shelter for 8 victims of child human trafficking, through 9 existing or new facilities; rfrederick on DSK6VPTVN1PROD with BILLS 10 ‘‘(ii) the provision of 11 informed, gender-responsive rehabilitative 12 care to victims of child human trafficking; 13 ‘‘(iii) the provision of specialized 14 training for law enforcement officers and 15 social service providers for all forms of 16 human trafficking, with a focus on domes- 17 tic child human trafficking; 18 ‘‘(iv) prevention, deterrence, and pros- 19 ecution of offenses involving child human 20 trafficking, including soliciting, patron- 21 izing, or purchasing human acts with chil- 22 dren; 23 ‘‘(v) cooperation or referral agree- 24 ments with organizations providing out- •S 178 IS VerDate Sep 11 2014 trauma- 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 21 1 reach or other related services to runaway 2 and homeless youth; 3 ‘‘(vi) law enforcement protocols or 4 procedures to screen all individuals ar- 5 rested for prostitution, whether adult or 6 child, for victimization by sex trafficking 7 and by other crimes, such as sexual assault 8 and domestic violence; and 9 ‘‘(vii) cooperation or referral agree- 10 ments with State child welfare agencies 11 and child advocacy centers; and 12 ‘‘(D) provides an assurance that, under the 13 plan under subparagraph (C), a victim of child 14 human trafficking shall not be required to col- 15 laborate with law enforcement officers to have 16 access to any shelter or services provided with 17 a grant under this section. 18 19 ‘‘(l) GRANT ACCOUNTABILITY; SPECIALIZED VICTIMS’ SERVICE REQUIREMENT.—No grant funds under 20 this section may be awarded or transferred to any entity 21 unless such entity has demonstrated substantial experi22 ence providing services to victims of human trafficking or rfrederick on DSK6VPTVN1PROD with BILLS 23 related populations (such as runaway and homeless 24 youth), or employs staff specialized in the treatment of 25 human trafficking victims.’’. •S 178 IS VerDate Sep 11 2014 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 22 1 (b) TABLE OF CONTENTS.—The table of contents in 2 section 1(b) of the Trafficking Victims Protection Reau3 thorization Act of 2005 (22 U.S.C. 7101 note) is amended 4 by striking the item relating to section 203 and inserting 5 the following: ‘‘Sec. 203. Victim-centered child human trafficking deterrence block grant program.’’. 6 SEC. 5. DIRECT SERVICES FOR VICTIMS OF CHILD PORNOG- 7 RAPHY. 8 The Victims of Child Abuse Act of 1990 (42 U.S.C. 9 13001 et seq.) is amended— 10 (1) in section 212(5) (42 U.S.C. 13001a(5)), by 11 inserting ‘‘, including human trafficking and the 12 production of child pornography’’ before the semi- 13 colon at the end; and 14 (2) in section 214 (42 U.S.C. 13002)— 15 (A) by redesignating subsections (b), (c), 16 and (d) as subsections (c), (d), and (e), respec- 17 tively; and 18 (B) by inserting after subsection (a) the 19 following: 20 21 ‘‘(b) DIRECT SERVICES FOR VICTIMS OF CHILD PORNOGRAPHY.—The Administrator, in coordination with the rfrederick on DSK6VPTVN1PROD with BILLS 22 Director and with the Director of the Office of Victims 23 of Crime, may make grants to develop and implement spe- •S 178 IS VerDate Sep 11 2014 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 23 1 cialized programs to identify and provide direct services 2 to victims of child pornography.’’. 3 SEC. 6. INCREASING COMPENSATION AND RESTITUTION 4 5 FOR TRAFFICKING VICTIMS. (a) AMENDMENTS TO TITLE 18.—Section 1594 of 6 title 18, United States Code, is amended— 7 (1) in subsection (d)— 8 (A) in paragraph (1)— 9 (i) by striking ‘‘that was used or’’ and 10 inserting ‘‘that was involved in, used, or’’; 11 and 12 (ii) by inserting ‘‘, and any property 13 traceable to such property’’ after ‘‘such 14 violation’’; and 15 (B) in paragraph (2), by inserting ‘‘, or 16 any property traceable to such property’’ after 17 ‘‘such violation’’; 18 (2) in subsection (e)(1)(A)— 19 (A) by striking ‘‘used or’’ and inserting rfrederick on DSK6VPTVN1PROD with BILLS 20 ‘‘involved in, used, or’’; and 21 (B) by inserting ‘‘, and any property trace- 22 able to such property’’ after ‘‘any violation of 23 this chapter’’; 24 (3) by redesignating subsection (f) as sub- 25 section (g); and •S 178 IS VerDate Sep 11 2014 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 24 1 (4) by inserting after subsection (e) the fol- 2 lowing: 3 ‘‘(f) TRANSFER OF FORFEITED ASSETS.— 4 ‘‘(1) IN GENERAL.—Notwithstanding any other 5 provision of law, the Attorney General shall transfer 6 assets forfeited pursuant to this section, or the pro- 7 ceeds derived from the sale thereof, to satisfy victim 8 restitution orders arising from violations of this 9 chapter. 10 ‘‘(2) PRIORITY.—Transfers pursuant to para- 11 graph (1) shall have priority over any other claims 12 to the assets or their proceeds. 13 ‘‘(3) USE OF NON-FORFEITED ASSETS.—Trans- 14 fers pursuant to paragraph (1) shall not reduce or 15 otherwise mitigate the obligation of a person con- 16 victed of a violation of this chapter to satisfy the full 17 amount of a restitution order through the use of 18 non-forfeited assets or to reimburse the Attorney 19 General for the value of assets or proceeds trans- 20 ferred under this subsection through the use of non- 21 forfeited assets.’’. 22 (b) AMENDMENT TO TITLE 28.—Section rfrederick on DSK6VPTVN1PROD with BILLS 23 524(c)(1)(B) of title 28, United States Code, is amended 24 by inserting ‘‘chapter 77 of title 18,’’ after ‘‘criminal drug 25 laws of the United States or of’’. •S 178 IS VerDate Sep 11 2014 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 25 1 (c) AMENDMENTS TO TITLE 31.— 2 3 (1) IN GENERAL.—Chapter United States Code, is amended— 4 (A) by redesignating section 9703 (as 5 added by section 638(b)(1) of the Treasury, 6 Postal Service, and General Government Appro- 7 priations Act, 1993 (Public Law 102–393; 106 8 Stat. 1779)) as section 9705; and 9 (B) in section 9705(a), as redesignated— 10 (i) in paragraph (1)— 11 (I) in subparagraph (I)— 12 (aa) by striking ‘‘payment’’ 13 and inserting ‘‘Payment’’; and 14 (bb) by striking the semi- 15 colon at the end and inserting a 16 period; and 17 (II) in subparagraph (J), by 18 striking 19 ‘‘Payment’’; and 20 (ii) in paragraph (2)— 21 ‘‘payment’’ and (aa) in clause (iii)— 23 (AA) in subclause (I), 24 by striking ‘‘or’’ and insert- 25 ing ‘‘of’’; and •S 178 IS VerDate Sep 11 2014 inserting (I) in subparagraph (B)— 22 rfrederick on DSK6VPTVN1PROD with BILLS 97 of title 31, 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 26 1 (BB) in subclause (III), 2 by striking ‘‘and’’ at the 3 end; 4 (bb) in clause (iv), by strik- 5 ing the period at the end and in- 6 serting ‘‘; and’’; and 7 (cc) by inserting after clause 8 (iv) the following: 9 ‘‘(v) U.S. Immigration and Customs 10 Enforcement with respect to a violation of 11 chapter 77 of title 18 (relating to human 12 trafficking);’’; 13 (II) in subparagraph (G), by add- 14 ing ‘‘and’’ at the end; and 15 (III) in subparagraph (H), by 16 striking ‘‘; and’’ and inserting a pe- 17 riod. 18 19 (2) TECHNICAL CONFORMING (A) CROSS 21 REFERENCES.— (i) TITLE 22 28.—Section 524(c) of title 28, United States Code, is amended— 23 (I) in paragraph (4)(C), by strik- 24 ing ‘‘section 9703(g)(4)(A)(ii)’’ and 25 inserting ‘‘section 9705(g)(4)(A)’’; •S 178 IS VerDate Sep 11 2014 AMEND- MENTS.— 20 rfrederick on DSK6VPTVN1PROD with BILLS AND 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 27 1 (II) in paragraph (10), by strik- 2 ing ‘‘section 9703(p)’’ and inserting 3 ‘‘section 9705(p)’’; and 4 (III) in paragraph (11), by strik- 5 ing ‘‘section 9703’’ and inserting 6 ‘‘section 9705’’. 7 (ii) rfrederick on DSK6VPTVN1PROD with BILLS 8 TITLE 31.—Title 31, States Code, is amended— 9 (I) in section 312(d), by striking 10 ‘‘section 9703’’ and inserting ‘‘section 11 9705’’; and 12 (II) in section 5340(1), by strik- 13 ing ‘‘section 9703(p)(1)’’ and insert- 14 ing ‘‘section 9705(p)(1)’’. 15 (iii) TITLE 39.—Section 2003(e)(1) of 16 title 39, United States Code, is amended 17 by striking ‘‘section 9703(p)’’ and insert- 18 ing ‘‘section 9705(p)’’. 19 (B) TABLE OF SECTIONS.—The table of 20 sections for chapter 97 of title 31, United 21 States Code, is amended to read as follows: ‘‘9701. ‘‘9702. ‘‘9703. ‘‘9704. ‘‘9705. Fees and charges for Government services and things of value. Investment of trust funds. Managerial accountability and flexibility. Pilot projects for managerial accountability and flexibility. Department of the Treasury Forfeiture Fund.’’. •S 178 IS VerDate Sep 11 2014 United 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6211 E:\BILLS\S178.IS S178 28 1 SEC. 7. STREAMLINING HUMAN TRAFFICKING INVESTIGA- 2 3 TIONS. Section 2516 of title 18, United States Code, is 4 amended— 5 (1) in paragraph (1)— 6 (A) in subparagraph (a), by inserting a 7 comma after ‘‘weapons)’’; 8 (B) in subparagraph (c)— 9 (i) by inserting ‘‘section 1581 (peon- 10 age), section 1584 (involuntary servitude), 11 section 1589 (forced labor), section 1590 12 (trafficking with respect to peonage, slav- 13 ery, 14 labor),’’ before ‘‘section 1591’’; servitude, forced (ii) by inserting ‘‘section 1592 (unlaw- 16 ful conduct with respect to documents in 17 furtherance of trafficking, peonage, slav- 18 ery, 19 labor),’’ before ‘‘section 1751’’; involuntary servitude, forced ‘‘virus)’’; 22 (iv) by striking ‘‘,, section’’ and in- 23 serting a comma; 24 (v) by striking ‘‘or’’ after ‘‘misuse of 25 passports),’’; and •S 178 IS 01:43 Jan 24, 2015 or (iii) by inserting a comma after 21 VerDate Sep 11 2014 or 15 20 rfrederick on DSK6VPTVN1PROD with BILLS involuntary Jkt 049200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 29 1 (vi) by inserting ‘‘or’’ before ‘‘section 2 555’’; 3 (C) in subparagraph (j), by striking ‘‘pipe- 4 line,)’’ and inserting ‘‘pipeline),’’; and 5 (D) in subparagraph (p), by striking ‘‘doc- 6 uments, section 1028A (relating to aggravated 7 identity theft))’’ and inserting ‘‘documents), 8 section 1028A (relating to aggravated identity 9 theft)’’; and 10 (2) in paragraph (2), by inserting ‘‘human traf- 11 ficking, child sexual exploitation, child pornography 12 production,’’ after ‘‘kidnapping’’. 13 SEC. 8. ENHANCING HUMAN TRAFFICKING REPORTING. 14 (a) IN GENERAL.—Section 505 of title I of the Omni- 15 bus Crime Control and Safe Streets Act of 1968 (42 16 U.S.C. 3755) is amended by adding at the end the fol17 lowing: 18 ‘‘(i) PART 1 VIOLENT CRIMES TO INCLUDE HUMAN 19 TRAFFICKING.—For purposes of this section, the term 20 ‘part 1 violent crimes’ shall include severe forms of traf21 ficking in persons (as defined in section 103 of the Traf22 ficking Victims Protection Act of 2000 (22 U.S.C. rfrederick on DSK6VPTVN1PROD with BILLS 23 7102)).’’. •S 178 IS VerDate Sep 11 2014 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 30 1 (b) CRIME CONTROL ACT AMENDMENTS.—Section 2 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) 3 is amended— 4 5 (1) in paragraph (2), by striking ‘‘and’’ at the end; and 6 (2) in paragraph (4)— 7 (A) in the matter preceding subparagraph 8 (A), by striking ‘‘paragraph (2)’’ and inserting 9 ‘‘paragraph (3)’’; 10 (B) in subparagraph (A), by inserting 11 ‘‘and a photograph taken within the previous 12 180 days’’ after ‘‘dental records’’; 13 (C) in subparagraph (B), by striking 14 ‘‘and’’ at the end; 15 (D) by redesignating subparagraph (C) as 16 subparagraph (D); and 17 (E) by inserting after subparagraph (B) rfrederick on DSK6VPTVN1PROD with BILLS 18 the following: 19 ‘‘(C) notify the National Center for Miss- 20 ing and Exploited Children of each report re- 21 ceived relating to a child reported missing from 22 a foster care family home or childcare institu- 23 tion; and’’. •S 178 IS VerDate Sep 11 2014 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 31 1 SEC. 9. REDUCING DEMAND FOR SEX TRAFFICKING. 2 (a) IN GENERAL.—Section 1591 of title 18, United 3 States Code, is amended— 4 (1) in subsection (a)(1), by striking ‘‘or main- 5 tains’’ and inserting ‘‘maintains, patronizes, or solic- 6 its’’; 7 (2) in subsection (b)— 8 (A) in paragraph (1), by striking ‘‘or ob- 9 tained’’ and inserting ‘‘obtained, patronized, or 10 solicited’’; and 11 (B) in paragraph (2), by striking ‘‘or ob- 12 tained’’ and inserting ‘‘obtained, patronized, or 13 solicited’’; and 14 (3) in subsection (c)— 15 (A) by striking ‘‘or maintained’’ and in- 16 serting ‘‘, maintained, patronized, or solicited’’; 17 and 18 (B) by striking ‘‘knew that the person’’ 19 and inserting ‘‘knew, or recklessly disregarded 20 the fact, that the person’’. 21 (b) DEFINITION AMENDED.—Section 103(10) of the 22 Trafficking Victims Protection Act of 2000 (22 U.S.C. rfrederick on DSK6VPTVN1PROD with BILLS 23 7102(10)) is amended by striking ‘‘or obtaining’’ and in24 serting ‘‘obtaining, patronizing, or soliciting’’. •S 178 IS VerDate Sep 11 2014 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 32 1 (c) PURPOSE.—The purpose of the amendments 2 made by this section is to clarify the range of conduct pun3 ished as sex trafficking. 4 SEC. 10. USING EXISTING TASK FORCES AND COMPONENTS 5 TO TARGET OFFENDERS WHO EXPLOIT CHIL- 6 DREN. 7 Not later than 180 days after the date of enactment 8 of this Act, the Attorney General shall ensure that— 9 (1) all task forces and working groups within 10 the Innocence Lost National Initiative engage in ac- 11 tivities, programs, or operations to increase the in- 12 vestigative capabilities of State and local law en- 13 forcement officers in the detection, investigation, 14 and prosecution of persons who patronize, or solicit 15 children for sex; and 16 (2) all components and task forces with juris- 17 diction to detect, investigate, and prosecute cases of 18 child labor trafficking engage in activities, programs, 19 or operations to increase the capacity of such compo- 20 nents to deter and punish child labor trafficking. 21 SEC. 11. TARGETING CHILD PREDATORS. 22 rfrederick on DSK6VPTVN1PROD with BILLS 23 (a) CLARIFYING THAT CHILD PORNOGRAPHY PRODUCERS ARE HUMAN TRAFFICKERS.—Section 2423(f) of 24 title 18, United States Code, is amended— •S 178 IS VerDate Sep 11 2014 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 33 1 (1) by striking ‘‘means (1) a’’ and inserting the 2 following: ‘‘means— 3 ‘‘(1) a’’; 4 (2) by striking ‘‘United States; or (2) any’’ and 5 inserting the following: ‘‘United States; 6 ‘‘(2) any’’; and 7 (3) by striking the period at the end and insert- 8 ing the following: ‘‘; or 9 ‘‘(3) production of child pornography (as de- 10 fined in section 2256(8)).’’. 11 (b) HOLDING SEX TRAFFICKERS ACCOUNTABLE.— 12 Section 2423(g) of title 18, United States Code, is amend13 ed by striking ‘‘a preponderance of the evidence’’ and in14 serting ‘‘clear and convincing evidence’’. 15 SEC. 12. MONITORING ALL HUMAN TRAFFICKERS AS VIO- 16 LENT CRIMINALS. 17 Section 3156(a)(4)(C) of title 18, United States 18 Code, is amended by inserting ‘‘77,’’ after ‘‘chapter’’. 19 SEC. 13. CRIME VICTIMS’ RIGHTS. 20 (a) IN GENERAL.—Section 3771 of title 18, United 21 States Code, is amended— 22 rfrederick on DSK6VPTVN1PROD with BILLS 23 (1) in subsection (a), by adding at the end the following: •S 178 IS VerDate Sep 11 2014 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 34 1 ‘‘(9) The right to be informed in a timely man- 2 ner of any plea bargain or deferred prosecution 3 agreement. 4 ‘‘(10) The right to be informed of the rights 5 under this section and the services described in sec- 6 tion 503(c) of the Victims’ Rights and Restitution 7 Act of 1990 (42 U.S.C. 10607(c)) and provided con- 8 tact information for the Office of the Victims’ 9 Rights Ombudsman of the Department of Justice.’’; 10 (2) in subsection (d)(3), in the fifth sentence, 11 by inserting ‘‘, unless the litigants, with the approval 12 of the court, have stipulated to a different time pe- 13 riod for consideration’’ before the period; and 14 (3) in subsection (e)— rfrederick on DSK6VPTVN1PROD with BILLS 15 (A) by striking ‘‘this chapter, the term’’ 16 and inserting the following: ‘‘this chapter: 17 ‘‘(1) COURT 18 appeals’ means— OF APPEALS.—The term ‘court of 19 ‘‘(A) the United States court of appeals for 20 the judicial district in which a defendant is 21 being prosecuted; or 22 ‘‘(B) for a prosecution in the Superior 23 Court of the District of Columbia, the District 24 of Columbia Court of Appeals. 25 ‘‘(2) CRIME VICTIM.— •S 178 IS VerDate Sep 11 2014 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 35 1 ‘‘(A) IN 2 (B) by striking ‘‘In the case’’ and inserting 3 GENERAL.—The term’’; the following: 4 ‘‘(B) MINORS 5 TIMS.—In 6 AND CERTAIN OTHER VIC- the case’’; and (C) by adding at the end the following: 7 ‘‘(3) DISTRICT COURT; COURT.—The terms 8 ‘district court’ and ‘court’ include the Superior 9 Court of the District of Columbia.’’. 10 (b) CRIME VICTIMS FUND.—Section 11 1402(d)(3)(A)(i) of the Victims of Crime Act of 1984 (42 12 U.S.C. 10601(d)(3)(A)(i)) is amended by inserting ‘‘sec13 tion’’ before ‘‘3771’’. 14 (c) APPELLATE REVIEW OF PETITIONS RELATING TO 15 CRIME VICTIMS’ RIGHTS.— rfrederick on DSK6VPTVN1PROD with BILLS 16 (1) IN GENERAL.—Section 3771(d)(3) of title 17 18, United States Code, as amended by subsection 18 (a)(2) of this section, is amended by inserting after 19 the fifth sentence the following: ‘‘In deciding such 20 application, the court of appeals shall apply ordinary 21 standards of appellate review.’’. 22 (2) APPLICATION.—The amendment made by 23 paragraph (1) shall apply with respect to any peti- 24 tion for a writ of mandamus filed under section •S 178 IS VerDate Sep 11 2014 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 36 1 3771(d)(3) of title 18, United States Code, that is 2 pending on the date of enactment of this Act. 3 SEC. 14. COMBAT HUMAN TRAFFICKING ACT. 4 (a) SHORT TITLE.—This section may be cited as the 5 ‘‘Combat Human Trafficking Act of 2015’’. 6 (b) DEFINITIONS.—In this section: 7 (1) COMMERCIAL 8 TRAFFICKING 9 ‘‘commercial sex act’’, ‘‘severe forms of trafficking in 10 persons’’, and ‘‘State’’ have the meanings given 11 those terms in section 103 of the Trafficking Vic- 12 tims Protection Act of 2000 (22 U.S.C. 7102). 13 PERSONS; IN (2) COVERED STATE.—The OFFENDER.—The term ‘‘covered offender’’ means an individual who obtains, patron- 15 izes, or solicits a commercial sex act involving a per- 16 son subject to severe forms of trafficking in persons. (3) COVERED OFFENSE.—The term ‘‘covered 18 offense’’ means the provision, obtaining, patronizing, 19 or soliciting of a commercial sex act involving a per- 20 son subject to severe forms of trafficking in persons. 21 (4) FEDERAL LAW ENFORCEMENT OFFICER.— 22 The term ‘‘Federal law enforcement officer’’ has the 23 meaning given the term in section 115 of title 18, 24 United States Code. •S 178 IS VerDate Sep 11 2014 terms 14 17 rfrederick on DSK6VPTVN1PROD with BILLS SEX ACT; SEVERE FORMS OF 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 37 1 (5) LOCAL 2 term ‘‘local law enforcement officer’’ means any offi- 3 cer, agent, or employee of a unit of local government 4 authorized by law or by a local government agency 5 to engage in or supervise the prevention, detection, 6 investigation, or prosecution of any violation of 7 criminal law. 8 (6) STATE LAW ENFORCEMENT OFFICER.—The 9 term ‘‘State law enforcement officer’’ means any of- 10 ficer, agent, or employee of a State authorized by 11 law or by a State government agency to engage in 12 or supervise the prevention, detection, investigation, 13 or prosecution of any violation of criminal law. 14 (c) DEPARTMENT 15 ICY FOR 16 AND OF JUSTICE TRAINING POL- JUDGES.— (1) TRAINING.— 18 (A) LAW ENFORCEMENT OFFICERS.—The 19 Attorney General shall ensure that each anti- 20 human trafficking program operated by the De- 21 partment of Justice, including each anti-human 22 trafficking training program for Federal, State, 23 or local law enforcement officers, includes tech- 24 nical training on— •S 178 IS VerDate Sep 11 2014 AND LAW ENFORCEMENT OFFICERS, PROSECUTORS, 17 rfrederick on DSK6VPTVN1PROD with BILLS LAW ENFORCEMENT OFFICER.—The 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 38 1 (i) effective methods for investigating rfrederick on DSK6VPTVN1PROD with BILLS 2 and prosecuting covered offenders; and 3 (ii) facilitating the provision of phys- 4 ical and mental health services by health 5 care providers to persons subject to severe 6 forms of trafficking in persons. 7 (B) FEDERAL PROSECUTORS.—The 8 ney General shall ensure that each anti-human 9 trafficking program operated by the Depart- 10 ment of Justice for United States attorneys or 11 other Federal prosecutors includes training on 12 seeking restitution for offenses under chapter 13 77 of title 18, United States Code, to ensure 14 that each United States attorney or other Fed- 15 eral prosecutor, upon obtaining a conviction for 16 such an offense, requests a specific amount of 17 restitution for each victim of the offense with- 18 out regard to whether the victim requests res- 19 titution. 20 (C) JUDGES.—The Federal Judicial Center 21 shall provide training to judges relating to the 22 application of section 1593 of title 18, United 23 States Code, with respect to ordering restitution 24 for victims of offenses under chapter 77 of such 25 title. •S 178 IS VerDate Sep 11 2014 Attor- 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 39 1 (2) POLICY FOR FEDERAL LAW ENFORCEMENT 2 OFFICERS.—The Attorney General shall ensure that 3 Federal law enforcement officers are engaged in ac- 4 tivities, programs, or operations involving the detec- 5 tion, investigation, and prosecution of covered of- 6 fenders. 7 (d) MINIMUM PERIOD OF SUPERVISED RELEASE FOR 8 CONSPIRACY TO COMMIT COMMERCIAL CHILD SEX TRAF9 FICKING.—Section 3583(k) of title 18, United States 10 Code, is amended by inserting ‘‘1594(c),’’ after ‘‘1591,’’. 11 (e) BUREAU OF JUSTICE STATISTICS REPORT 12 STATE ENFORCEMENT 13 BITIONS.—The OF ON HUMAN TRAFFICKING PROHI- Director of the Bureau of Justice Statis- 14 tics shall— 15 (1) prepare an annual report on— 16 (A) the rates of— 17 (i) arrest of individuals by State law 18 enforcement officers for a covered offense; 19 (ii) prosecution (including specific 20 charges) of individuals in State court sys- 21 tems for a covered offense; and 22 (iii) conviction of individuals in State rfrederick on DSK6VPTVN1PROD with BILLS 23 court systems for a covered offense; and •S 178 IS VerDate Sep 11 2014 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 40 1 (B) sentences imposed on individuals con- 2 victed in State court systems for a covered of- 3 fense; and 4 (2) submit the annual report prepared under 5 paragraph (1) to— 6 (A) the Committee on the Judiciary of the 7 House of Representatives; 8 (B) the Committee on the Judiciary of the 9 Senate; 10 (C) the Task Force; 11 (D) the Senior Policy Operating Group es- 12 tablished under section 105(g) of the Traf- 13 ficking Victims Protection Act of 2000 (22 14 U.S.C. 7103(g)); and 15 16 (E) the Attorney General. SEC. 15. GRANT ACCOUNTABILITY. 17 (a) DEFINITION.—In this section, the term ‘‘covered 18 grant’’ means a grant awarded by the Attorney General 19 under section 203 of the Trafficking Victims Protection 20 Reauthorization Act of 2005 (42 U.S.C. 14044b), as 21 amended by section 4. 22 (b) ACCOUNTABILITY.—All covered grants shall be rfrederick on DSK6VPTVN1PROD with BILLS 23 subject to the following accountability provisions: 24 (1) AUDIT REQUIREMENT.— •S 178 IS VerDate Sep 11 2014 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 41 1 (A) IN fiscal year beginning after the date of enact- 3 ment of this Act, and in each fiscal year there- 4 after, the Inspector General of the Department 5 of Justice shall conduct audits of recipients of 6 a covered grant to prevent waste, fraud, and 7 abuse of funds by grantees. The Inspector Gen- 8 eral shall determine the appropriate number of 9 grantees to be audited each year. 10 (B) DEFINITION.—In this paragraph, the 11 term ‘‘unresolved audit finding’’ means a find- 12 ing in the final audit report of the Inspector 13 General that the audited grantee has utilized 14 grant funds for an unauthorized expenditure or 15 otherwise unallowable cost that is not closed or 16 resolved within 12 months from the date when 17 the final audit report is issued. (C) MANDATORY EXCLUSION.—A recipient 19 of a covered grant that is found to have an un- 20 resolved audit finding shall not be eligible to re- 21 ceive a covered grant during the following 2 fis- 22 cal years. 23 (D) PRIORITY.—In awarding covered 24 grants the Attorney General shall give priority 25 to eligible entities that did not have an unre- •S 178 IS VerDate Sep 11 2014 in the first 2 18 rfrederick on DSK6VPTVN1PROD with BILLS GENERAL.—Beginning 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 42 1 solved audit finding during the 3 fiscal years 2 prior to submitting an application for a covered 3 grant. 4 (E) REIMBURSEMENT.—If an entity is 5 awarded a covered grant during the 2-fiscal- 6 year period in which the entity is barred from 7 receiving grants under subparagraph (C), the 8 Attorney General shall— 9 (i) deposit an amount equal to the 10 grant funds that were improperly awarded 11 to the grantee into the General Fund of 12 the Treasury; and 13 (ii) seek to recoup the costs of the re- 14 payment to the fund from the grant recipi- 15 ent that was erroneously awarded grant 16 funds. 17 rfrederick on DSK6VPTVN1PROD with BILLS 18 (2) NONPROFIT ORGANIZATION MENTS.— 19 (A) DEFINITION.—For purposes of this 20 paragraph and covered grants, the term ‘‘non- 21 profit organization’’ means an organization that 22 is described in section 501(c)(3) of the Internal 23 Revenue Code of 1986 and is exempt from tax- 24 ation under section 501(a) of such Code. •S 178 IS VerDate Sep 11 2014 REQUIRE- 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 rfrederick on DSK6VPTVN1PROD with BILLS 43 1 (B) PROHIBITION.—The Attorney General 2 may not award a covered grant to a nonprofit 3 organization that holds money in offshore ac- 4 counts for the purpose of avoiding paying the 5 tax described in section 511(a) of the Internal 6 Revenue Code of 1986. 7 (C) DISCLOSURE.—Each nonprofit organi- 8 zation that is awarded a covered grant and uses 9 the procedures prescribed in regulations to cre- 10 ate a rebuttable presumption of reasonableness 11 for the compensation of its officers, directors, 12 trustees and key employees, shall disclose to the 13 Attorney General, in the application for the 14 grant, the process for determining such com- 15 pensation, including the independent persons 16 involved in reviewing and approving such com- 17 pensation, the comparability data used, and 18 contemporaneous substantiation of the delibera- 19 tion and decision. Upon request, the Attorney 20 General shall make the information disclosed 21 under this subsection available for public in- 22 spection. 23 (3) CONFERENCE EXPENDITURES.— 24 (A) LIMITATION.—No amounts transferred 25 to the Department of Justice under this Act, or •S 178 IS VerDate Sep 11 2014 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 44 1 the amendments made by this Act, may be used 2 by the Attorney General, or by any individual 3 or organization awarded discretionary funds 4 through a cooperative agreement under this 5 Act, or the amendments made by this Act, to 6 host or support any expenditure for conferences 7 that uses more than $20,000 in Department 8 funds, unless the Deputy Attorney General or 9 such Assistant Attorney Generals, Directors, or 10 principal deputies as the Deputy Attorney Gen- 11 eral may designate, provides prior written au- 12 thorization that the funds may be expended to 13 host a conference. rfrederick on DSK6VPTVN1PROD with BILLS 14 (B) WRITTEN APPROVAL.—Written 15 proval under subparagraph (A) shall include a 16 written estimate of all costs associated with the 17 conference, including the cost of all food and 18 beverages, audiovisual equipment, honoraria for 19 speakers, and any entertainment. 20 (C) REPORT.—The Deputy Attorney Gen- 21 eral shall submit an annual report to the Com- 22 mittee on the Judiciary of the Senate and the 23 Committee on the Judiciary of the House of 24 Representatives on all approved conference ex- 25 penditures referenced in this paragraph. •S 178 IS VerDate Sep 11 2014 ap- 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 45 1 (D) ANNUAL 2 in the first fiscal year beginning after the date 3 of enactment of this Act, the Attorney General 4 shall submit, to the Committee on the Judiciary 5 and the Committee on Appropriations of the 6 Senate and the Committee on the Judiciary and 7 the Committee on Appropriations of the House 8 of Representatives, an annual certification 9 that— 10 (i) all audits issued by the Office of 11 the Inspector General under paragraph (1) 12 have been completed and reviewed by the 13 appropriate Assistant Attorney General or 14 Director; 15 (ii) all mandatory exclusions required 16 under paragraph (1)(C) have been issued; 17 (iii) all reimbursements under paragraph (1)(E) have been made; 19 and 20 (iv) includes a list of any grant recipi- 21 ents excluded under paragraph (1) from 22 the previous year. (4) PROHIBITION 24 (A) 25 IN ON LOBBYING ACTIVITY.— GENERAL.—Amounts 01:43 Jan 24, 2015 awarded under this Act, or any amendments made by •S 178 IS VerDate Sep 11 2014 required 18 23 rfrederick on DSK6VPTVN1PROD with BILLS CERTIFICATION.—Beginning Jkt 049200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S178.IS S178 46 1 this Act, may not be utilized by any grant re- 2 cipient to— 3 (i) lobby any representative of the De- 4 partment of Justice regarding the award of 5 grant funding; or 6 (ii) lobby any representative of a Fed- 7 eral, State, local, or tribal government re- 8 garding the award of grant funding. 9 (B) PENALTY.—If the Attorney General 10 determines that any recipient of a covered grant 11 has violated subparagraph (A), the Attorney 12 General shall— 13 (i) require the grant recipient to repay 14 the grant in full; and 15 (ii) prohibit the grant recipient from 16 receiving another covered grant for not less 17 than 5 years. rfrederick on DSK6VPTVN1PROD with BILLS Æ •S 178 IS VerDate Sep 11 2014 01:43 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6301 E:\BILLS\S178.IS S178