[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3530 Engrossed in House (EH)]
113th CONGRESS
2d Session
H. R. 3530
_______________________________________________________________________
AN ACT
To provide justice for the victims of trafficking.
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 ``Justice for Victims of Trafficking
Act of 2014''.
SEC. 2. AVAILABILITY OF SUMS IN CRIME VICTIMS FUND.
Section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601)
is amended in subsection (d) by inserting before paragraph (2) the
following:
``(1) A limitation on obligations is authorized to be
provided with respect to fiscal years 2016 through 2020. Except
in the case where a limitation on obligations is made by a
continuing resolution, if such a limitation on obligations is
less than--
``(A) $805,000,000 in fiscal year 2016;
``(B) $825,000,000 in fiscal year 2017;
``(C) $845,000,000 in fiscal year 2018;
``(D) $866,000,000 in fiscal year 2019; or
``(E) $890,000,000 in fiscal year 2020;
then all sums deposited in the fund in prior fiscal years shall
become available for obligation.''.
SEC. 3. VICTIM-CENTERED SEX TRAFFICKING DETERRENCE GRANT PROGRAM.
Section 203 of the Trafficking Victims Protection Reauthorization
Act of 2005 (42 U.S.C. 14044b) is amended--
(1) by redesignating subsection (g) as subsection (j);
(2) by striking subsections (a) through (f), and inserting
the following:
``(a) Grants Authorized.--The Attorney General may make grants to
eligible entities to develop, improve, or expand comprehensive domestic
child human 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 victims, while investigating and prosecuting offenses involving
child human trafficking.
``(b) Authorized Activities.--Grants awarded under subsection (a)
may be used for--
``(1) 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
to--
``(A) identify victims and acts of child human
trafficking;
``(B) address the unique needs of victims of child
human trafficking;
``(C) facilitate the rescue of victims of child
human trafficking;
``(D) investigate and prosecute acts of child human
trafficking, including the soliciting, patronizing, or
purchasing of commercial sex acts from children, as
well as training to build cases against complex
criminal networks involved in child human trafficking;
and
``(E) implement and provide education on safe
harbor laws enacted by States, aimed at preventing the
criminalization and prosecution of victims of child
human trafficking for prostitution offenses;
``(2) the establishment or enhancement of dedicated anti-
child human trafficking law enforcement units and task forces
to investigate child human trafficking offenses and to rescue
victims, including--
``(A) 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 this
section shall not be more than the percentage of the
officer's time on duty that is dedicated to working on
cases involving child human trafficking;
``(B) investigation expenses for cases involving
child human trafficking, including--
``(i) wire taps;
``(ii) consultants with expertise specific
to cases involving child human trafficking;
``(iii) travel; and
``(iv) other technical assistance
expenditures;
``(C) dedicated anti-child human trafficking
prosecution units, including the funding of salaries
for State and local prosecutors, including assisting in
paying trial expenses for prosecution of child human
trafficking offenses, except that the percentage of the
total salary of a State or local prosecutor that is
paid using an award under this section shall be not
more than the percentage of the total number of hours
worked by the prosecutor that is spent working on cases
involving child human trafficking; and
``(D) the establishment of child human trafficking
victim witness safety, assistance, and relocation
programs that encourage cooperation with law
enforcement investigations of crimes of child human
trafficking by leveraging existing resources and
delivering child human trafficking victims' services
through coordination with--
``(i) child advocacy centers;
``(ii) social service agencies;
``(iii) State governmental health service
agencies;
``(iv) housing agencies;
``(v) legal services agencies; and
``(vi) non-governmental organizations and
shelter service providers with substantial
experience in delivering services to victims of
child human trafficking;
``(3) the establishment or enhancement of problem solving
court programs for child human trafficking victims that
include--
``(A) continuing judicial supervision of victims of
child human trafficking who have been identified by a
law enforcement or judicial officer as a potential
victim of child human trafficking, regardless of
whether the victim has been charged with a crime
related to human trafficking;
``(B) the development of specialized and
individualized treatment programs for identified
victims of child human trafficking, including--
``(i) State-administered outpatient
treatment;
``(ii) life skills training;
``(iii) housing placement;
``(iv) vocational training;
``(v) education;
``(vi) family support services; and
``(vii) job placement; and
``(C) collaborative efforts with child advocacy
centers, child welfare agencies, shelters, and non-
governmental organizations to provide services to
victims and encourage cooperation with law enforcement;
and
``(4) the establishment or enhancement of victims' services
programs for victims of child human trafficking, which offer
services including--
``(A) residential care, including temporary or
long-term placement, as appropriate;
``(B) 24-hour emergency social services response
systems; and
``(C) counseling and case management services.
``(c) Application.--
``(1) In general.--An eligible entity shall submit an
application to the Attorney General for a grant under this
section in such form and manner as the Attorney General may
require.
``(2) Required information.--An application submitted under
this subsection shall--
``(A) disclose--
``(i) any other grant funding from the
Department of Justice or from any other Federal
department or agency for purposes similar to
those described in subsection (b) for which the
eligible entity has applied, and which
application is pending on the date of the
submission of an application under this
section; and
``(ii) any other such grant funding that
the eligible entity has received during the 5
year period prior to the date of the submission
of an application under this section;
``(B) describe the activities for which assistance
under this section is sought;
``(C) include a detailed plan for the use of funds
awarded under the grant; and
``(D) provide such additional information and
assurances as the Attorney General determines to be
necessary to ensure compliance with the requirements of
this section.
``(3) Preference.--In reviewing applications submitted in
accordance with paragraphs (1) and (2), the Attorney General
shall give preference to grant applications if--
``(A) the application includes a plan to use
awarded funds to engage in all activities described
under paragraphs (1) and (2) of subsection (b); or
``(B) the application includes a plan by the State
or unit of local government to continue funding of all
activities funded by the award after the expiration of
the award.
``(d) Duration and Renewal of Award.--
``(1) In general.--A grant under this section shall expire
1 year after the date of award of the grant.
``(2) Renewal.--A grant under this section shall be
renewable not more than 3 times and for a period of not greater
than 1 year.
``(e) Evaluation.--The Attorney General shall enter into a contract
with an academic or non-profit organization that has experience in
issues related to child human trafficking 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 this section, and shall submit any such
evaluation to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate.
``(f) Oversight and Accountability.--An eligible entity that
receives a grant under this section is subject to the requirements of
section 10 of the Justice for Victims of Trafficking Act of 2014.
``(g) Administrative Cap.--The cost of administering the grants
authorized by this section shall not exceed 5 percent of the total
amount appropriated to carry out this section.
``(h) Federal Share.--The Federal share of the cost of a program
funded by a grant awarded under this section may not exceed--
``(1) 70 percent in the first year;
``(2) 60 percent in the second year; and
``(3) 50 percent in the third year.
``(i) Definitions.--In this section--
``(1) the term `child' means a person under the age of 18;
``(2) the term `child advocacy center' means a center
created under subtitle A of the Victims of Child Abuse Act of
1990 (42 U.S.C. 13001 et seq.);
``(3) the term `child human trafficking' means 1 or more
severe forms of trafficking in persons (as defined in section
103 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102)) involving a victim who is a child; and
``(4) the term `eligible entity' means a State or unit of
local government that--
``(A) has significant criminal activity involving
child human trafficking;
``(B) has demonstrated cooperation between Federal,
State, local, and, where applicable, tribal law
enforcement agencies, prosecutors, and social service
providers in addressing child human trafficking; and
``(C) has developed a workable, multi-disciplinary
plan to combat child human trafficking.''; and
(3) in subsection (j) (as so redesignated)--
(A) by striking ``Secretary of Health and Human
Services'' and inserting ``Attorney General, in
consultation with the Secretary of Health and Human
Services,''; and
(B) by striking ``fiscal years 2008 through 2011''
and inserting ``fiscal years 2015 through 2019''.
SEC. 4. AMENDMENTS TO THE VICTIMS OF CHILD ABUSE ACT OF 1990.
(a) Reauthorization of Victims of Child Abuse Act of 1990.--Section
214B of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13004) is
amended--
(1) in subsection (a), by striking ``fiscal years 2004 and
2005'' and inserting ``fiscal years 2015 through 2019''; and
(2) in subsection (b), by striking ``fiscal years 2004 and
2005'' and inserting ``fiscal years 2015 through 2019''.
(b) Direct Services for Victims of Child Pornography.--The Victims
of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.) is amended--
(1) in section 212(5) (42 U.S.C. 13001a(5)), by inserting
``, including human trafficking and the production of child
pornography'' before the semicolon at the end; and
(2) in section 214 (42 U.S.C. 13002)--
(A) by redesignating subsections (b), (c), and (d)
as subsections (c), (d), and (e), respectively; and
(B) by inserting after subsection (a) the
following:
``(b) Direct Services for Victims of Child Pornography.--The
Administrator, in coordination with the Director and with the Director
of the Office of Victims of Crime, may make grants to develop and
implement specialized programs to identify and provide direct services
to victims of child pornography.''.
(c) Oversight and Accountability.--
(1) Local children's advocacy centers.--Section 214 of the
Victims of Child Abuse Act of 1990 (42 U.S.C. 13002), as
amended by this Act, is further amended by inserting at the end
the following:
``(f) Oversight and Accountability.--
``(1) Accountability requirement.--A grant recipient under
this section is subject to the requirements of section 10 of
the Justice for Victims of Trafficking Act of 2014.
``(2) Disclosure of additional sources of federal
funding.--An application for a grant under this section shall
disclose--
``(A) any other grant funding from the Department
of Justice or from any other Federal department or
agency for purposes similar to those described in
subsection (a) for which the entity has applied, and
which application is pending on the date of the
submission of an application under this section; and
``(B) any other such grant funding that the entity
has received during the 5 year period prior to the date
of the submission of an application under this
section.''.
(2) Grants for specialized technical assistance and
training programs.--Section 214A of the Victims of Child Abuse
Act of 1990 (42 U.S.C. 13003) is amended by inserting at the
end the following:
``(d) Oversight and Accountability.--
``(1) Accountability requirement.--A grant recipient under
this section is subject to the requirements of section 10 of
the Justice for Victims of Trafficking Act of 2014.
``(2) Disclosure of additional sources of federal
funding.--An application for a grant under this section shall
disclose--
``(A) any other grant funding from the Department
of Justice or from any other Federal department or
agency for purposes similar to those described in
subsection (a) for which the organization has applied,
and which application is pending on the date of the
submission of an application under this section; and
``(B) any other such grant funding that the
organization has received during the 5 year period
prior to the date of the submission of an application
under this section.''.
SEC. 5. STREAMLINING STATE AND LOCAL HUMAN TRAFFICKING INVESTIGATIONS.
Section 2516(2) of title 18, United States Code, is amended by
inserting ``human trafficking, child sexual exploitation, child
pornography production,'' after ``kidnapping,''.
SEC. 6. ENHANCING HUMAN TRAFFICKING REPORTING.
Section 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) is
amended--
(1) in paragraph (2), by striking ``and'' at the end; and
(2) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by
striking ``paragraph (2)'' and inserting ``paragraph
(3)'';
(B) in subparagraph (A), by inserting ``and a
photograph taken within the previous 180 days'' after
``dental records'';
(C) in subparagraph (B), by striking ``and'' at the
end;
(D) by redesignating subparagraph (C) as
subparagraph (D); and
(E) by inserting after subparagraph (B) the
following:
``(C) 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''.
SEC. 7. REDUCING DEMAND FOR SEX TRAFFICKING.
Section 1591 of title 18, United States Code, is amended--
(1) in subsection (a)(1), by striking ``or maintains'' and
inserting ``maintains, patronizes, or solicits'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``or obtained''
and inserting ``obtained, patronized, or solicited'';
and
(B) in paragraph (2), by striking ``or obtained''
and inserting ``obtained, patronized, or solicited'';
and
(3) in subsection (c)--
(A) by striking ``or maintained'' and inserting ``,
maintained, patronized, or solicited''; and
(B) by striking ``knew that the person'' and
inserting ``knew, or recklessly disregarded the fact,
that the person''.
SEC. 8. USING EXISTING TASK FORCES TO TARGET OFFENDERS WHO EXPLOIT
CHILDREN.
Not later than 180 days after the date of enactment of this Act,
the Attorney General shall ensure that all task forces and working
groups within the Violent Crimes Against Children Program engage in
activities, programs, or operations to increase the investigative
capabilities of State and local law enforcement officers in the
detection, investigation, and prosecution of persons who patronize, or
solicit children for sex.
SEC. 9. HOLDING SEX TRAFFICKERS ACCOUNTABLE.
Section 2423(g) of title 18, United States Code, is amended by
striking ``a preponderance of the evidence'' and inserting ``clear and
convincing evidence''.
SEC. 10. OVERSIGHT AND ACCOUNTABILITY.
(a) Audit Requirement.--In fiscal year 2015, and each fiscal year
thereafter, the Inspector General of the Department of Justice shall
conduct audits of covered grantees to prevent waste, fraud, and abuse
of such funds. The Inspector General shall determine the appropriate
number of covered grantees to be audited each year.
(b) Mandatory Exclusion.--A covered grantee that is found to have
an unresolved audit finding shall not be eligible for an allocation of
grant funds from the covered grant program from which it received a
grant award during the first 2 fiscal years beginning after the end of
the 12-month period described in subsection (g)(3).
(c) Reimbursement.--If a covered grantee is awarded funds under the
covered grant program from which it received a grant award during the
2-fiscal year period during which the covered grantee is ineligible for
an allocation of grant funds as a result of subsection (b), the
Attorney General shall--
(1) deposit an amount equal to the amount of the grant
funds that were improperly awarded to the covered grantee into
the General Fund of the Treasury; and
(2) seek to recoup the costs of the repayment to the Fund
from the covered grantee that was erroneously awarded grant
funds.
(d) Nonprofit Organization Requirements.--
(1) Definition.--For purposes of this section, the term
``nonprofit'', when used with respect to an organization, means
an organization that is described in section 501(c)(3) of the
Internal Revenue Code of 1986 and is exempt from taxation under
section 501(a) of such Code.
(2) Prohibition.--A nonprofit organization that holds money
in offshore accounts for the purpose of avoiding paying the tax
described in section 511(a) of the Internal Revenue Code of
1986, shall not be eligible to receive, directly or indirectly,
any funds from a covered grant program.
(3) Disclosure.--Each nonprofit organization that is a
covered grantee shall disclose in its application for such a
grant, as a condition of receipt of such a grant, the
compensation of its officers, directors, and trustees. Such
disclosure shall include a description of the criteria relied
upon to determine such compensation.
(e) Conference Expenditures.--
(1) Limitation.--No amounts made available under a covered
grant program may be used to host or support a conference that
uses more than $20,000 in funds made available by the
Department of Justice unless the Deputy Attorney General or the
appropriate Assistant Attorney General, Director, or principal
deputy (as designated by the Deputy Attorney General) provides
prior written approval that the funds may be expended to host
or support such conference, except that a conference that uses
more than $20,000 in such funds, but less than $500 in such
funds for each attendee of the conference, shall not be subject
to the limitation under this paragraph.
(2) Written approval.--Written approval under paragraph (1)
shall include a written estimate of all costs associated with
the conference, including the cost of all food, beverages,
audio-visual equipment, honoraria for speakers, and
entertainment.
(3) Report.--The Deputy Attorney General shall submit an
annual report to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives on all conference expenditures approved under
this subsection.
(f) Prohibition on Lobbying Activity.--
(1) In general.--Amounts made available under a covered
grant program may not be used by any covered grantee to--
(A) lobby any representative of the Department of
Justice regarding the award of grant funding; or
(B) lobby any representative of the Federal
Government or a State, local, or tribal government
regarding the award of grant funding.
(2) Penalty.--If the Attorney General determines that a
covered grantee has violated paragraph (1), the Attorney
General shall--
(A) require the covered grantee to repay the grant
in full; and
(B) prohibit the covered grantee from receiving a
grant under the covered grant program from which it
received a grant award during at least the 5-year
period beginning on the date of such violation.
(g) Definitions.--In this section, the following definitions apply:
(1) The term ``covered grant program'' means the following:
(A) The grant program under section 203 of the
Trafficking Victims Protection Reauthorization Act of
2005 (42 U.S.C. 14044b).
(B) The grant programs under section 214 and 214A
of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13002, 13003).
(2) The term ``covered grantee'' means a recipient of a
grant from a covered grant program.
(3) The term ``unresolved audit finding'' means an audit
report finding in a final audit report of the Inspector General
of the Department of Justice that a covered grantee has used
grant funds awarded to that grantee under a covered grant
program for an unauthorized expenditure or otherwise
unallowable cost that is not closed or resolved during the 12-
month period beginning on the date on which the final audit
report is issued.
SEC. 11. CRIME VICTIMS' RIGHTS.
(a) In General.--Section 3771 of title 18, United States Code, is
amended--
(1) in subsection (a), by adding at the end the following:
``(9) The right to be informed in a timely manner of any
plea bargain or deferred prosecution agreement.
``(10) The right to be informed of the rights under this
section and the services described in section 503(c) of the
Victims' Rights and Restitution Act of 1990 (42 U.S.C.
10607(c)) and provided contact information for the Office of
the Victims' Rights Ombudsman of the Department of Justice.'';
(2) in subsection (d)(3), in the fifth sentence, by
inserting ``, unless the litigants, with the approval of the
court, have stipulated to a different time period for
consideration'' before the period; and
(3) in subsection (e)--
(A) by striking ``this chapter, the term'' and
inserting the following: ``this chapter:
``(1) Court of appeals.--The term `court of appeals'
means--
``(A) the United States court of appeals for the
judicial district in which a defendant is being
prosecuted; or
``(B) for a prosecution in the Superior Court of
the District of Columbia, the District of Columbia
Court of Appeals.
``(2) Crime victim.--
``(A) In general.--The term'';
(B) by striking ``In the case'' and inserting the
following:
``(B) Minors and certain other victims.--In the
case''; and
(C) by adding at the end the following:
``(3) District court; court.--The terms `district court'
and `court' include the Superior Court of the District of
Columbia.''.
(b) Appellate Review of Petitions Relating to Crime Victims'
Rights.--
(1) In general.--Section 3771(d)(3) of title 18, United
States Code, as amended by subsection (a)(2) of this section,
is amended by inserting after the fifth sentence the following:
``In deciding such application, the court of appeals shall
apply ordinary standards of appellate review.''.
(2) Application.--The amendment made by paragraph (1) shall
apply with respect to any petition for a writ of mandamus filed
under section 3771(d)(3) of title 18, United States Code, that
is pending on the date of enactment of this Act.
SEC. 12. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) child human trafficking (as such term is defined in
section 203(i) of the Trafficking Victims Protection
Reauthorization Act of 2005 (42 U.S.C. 14044b), as added by
this Act) has no place in a civilized society, and that persons
who commit crimes relating to child human trafficking 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 the same standards to which we hold our Nation;
(3) those who obtain, solicit, or patronize a victim of
trafficking for the purpose of engaging in a commercial sex act
with that person, 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 human rights violation requires the
elimination of that demand.
Passed the House of Representatives May 20, 2014.
Attest:
Clerk.
113th CONGRESS
2d Session
H. R. 3530
_______________________________________________________________________
AN ACT
To provide justice for the victims of trafficking.