[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 178 Introduced in Senate (IS)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Justice for
Victims of Trafficking Act of 2015''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Domestic Trafficking Victims' Fund.
Sec. 3. Official recognition of American victims of human trafficking.
Sec. 4. 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.
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.
SEC. 2. DOMESTIC TRAFFICKING VICTIMS' FUND.
(a) In General.--Chapter 201 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3014. Additional special assessment
``(a) In General.--In addition to the assessment imposed under
section 3013, the court shall assess an amount of $5,000 on any non-
indigent person or entity convicted of an offense under--
``(1) chapter 77 (relating to peonage, slavery, and
trafficking in persons);
``(2) chapter 109A (relating to sexual abuse);
``(3) chapter 110 (relating to sexual exploitation and
other abuse of children);
``(4) chapter 117 (relating to transportation for illegal
sexual activity and related crimes); or
``(5) section 274 of the Immigration and Nationality Act (8
U.S.C. 1324) (relating to human smuggling), unless the person
induced, assisted, abetted, or aided only an individual who at
the time of such action was the alien's spouse, parent, son, or
daughter (and no other individual) to enter the United States
in violation of law.
``(b) Satisfaction of Other Court-Ordered Obligations.--An
assessment under subsection (a) shall not be payable until the person
subject to the assessment has satisfied all outstanding court-ordered
fines and orders of restitution arising from the criminal convictions
on which the special assessment is based.
``(c) Establishment of Domestic Trafficking Victims' Fund.--There
is established in the Treasury of the United States a fund, to be known
as the `Domestic Trafficking Victims' Fund' (referred to in this
section as the `Fund'), to be administered by the Attorney General, in
consultation with the Secretary of Homeland Security and the Secretary
of Health and Human Services.
``(d) Deposits.--Notwithstanding section 3302 of title 31, or any
other law regarding the crediting of money received for the Government,
there shall be deposited in the Fund an amount equal to the amount of
the assessments collected under this section, which shall remain
available until expended.
``(e) Use of Funds.--
``(1) In general.--From amounts in the Fund, in addition to
any other amounts available, and without further appropriation,
the Attorney General, in coordination with the Secretary of
Health and Human Services shall, for each of fiscal years 2016
through 2020, use amounts available in the Fund to award grants
or enhance victims' programming under--
``(A) sections 202, 203, and 204 of the Trafficking
Victims Protection Reauthorization Act of 2005 (42
U.S.C. 14044a, 14044b, and 14044c);
``(B) subsections (b)(2) and (f) of section 107 of
the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7105); and
``(C) section 214(b) of the Victims of Child Abuse
Act of 1990 (42 U.S.C. 13002(b)).
``(2) Grants.--Of the amounts in the Fund used under
paragraph (1), not less than $2,000,000 shall be used for
grants to provide services for child pornography victims under
section 214(b) of the Victims of Child Abuse Act of 1990 (42
U.S.C. 13002(b)).
``(3) Limitations.--Amounts in the Fund, or otherwise
transferred from the Fund, shall be subject to the limitations
on the use or expending of amounts described in sections 506
and 507 of division H of the Consolidated Appropriations Act,
2014 (Public Law 113-76; 128 Stat. 409) to the same extent as
if amounts in the Fund were funds appropriated under division H
of such Act.
``(f) Transfers.--
``(1) In general.--Effective on the day after the date of
enactment of the Justice for Victims of Trafficking Act of
2015, on September 30 of each fiscal year, all unobligated
balances in the Fund shall be transferred to the Crime Victims
Fund established under section 1402 of the Victims of Crime Act
of 1984 (42 U.S.C. 10601).
``(2) Availability.--Amounts transferred under paragraph
(1)--
``(A) shall be available for any authorized purpose
of the Crime Victims Fund; and
``(B) shall remain available until expended.
``(g) Collection Method.--The amount assessed under subsection (a)
shall, subject to subsection (b), be collected in the manner that fines
are collected in criminal cases.
``(h) Duration of Obligation.--The obligation to pay an assessment
imposed on or after the date of enactment of the Justice for Victims of
Trafficking Act of 2015 shall not cease until the assessment is paid in
full.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 201 of title 18, United States Code, is amended by inserting
after the item relating to section 3013 the following:
``3014. Additional special assessment.''.
SEC. 3. OFFICIAL RECOGNITION OF AMERICAN VICTIMS OF HUMAN TRAFFICKING.
Section 107 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7105) is amended--
(1) by redesignating subsection (f) (as originally
enacted), as subsection (h); and
(2) in subsection (f) (as added by section 213(a)(1) of the
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (Public Law 110-457)), by adding at
the end the following:
``(4) Official recognition of american victims of human
trafficking.--
``(A) In general.--Upon receiving credible
information that establishes, by a preponderance of the
evidence, that a covered individual is a victim of a
severe form of trafficking and at the request of the
covered individual, the Secretary of Health and Human
Services shall promptly issue a determination that the
covered individual is a victim of a severe form of
trafficking. The Secretary shall have exclusive
authority to make such a determination.
``(B) Covered individual defined.--In this
subsection, the term `covered individual' means--
``(i) a citizen of the United States; or
``(ii) an alien lawfully admitted for
permanent residence (as defined in section
101(20) of the Immigration and Nationality Act
(8 U.S.C. 1101(20))).
``(C) Procedure.--For purposes of this paragraph,
in determining whether a covered individual has
provided credible information that the covered
individual is a victim of a severe form of trafficking,
the Secretary of Health and Human Services shall
consider all relevant and credible evidence, and if
appropriate, consult with the Attorney General, the
Secretary of Homeland Security, or the Secretary of
Labor.
``(D) Presumptive evidence.--For purposes of this
paragraph, the following forms of evidence shall
receive deference in determining whether a covered
individual has established that the covered individual
is a victim of a severe form of trafficking:
``(i) A sworn statement by the covered
individual or a representative of the covered
individual if the covered individual is present
at the time of such statement but not able to
competently make such sworn statement.
``(ii) Police, government agency, or court
records or files.
``(iii) Documentation from a social
services, trafficking, or domestic violence
program, child welfare or runaway and homeless
youth program, or a legal, clinical, medical,
or other professional from whom the covered
individual has sought assistance in dealing
with the crime.
``(iv) A statement from any other
individual with knowledge of the circumstances
that provided the basis for the claim.
``(v) Physical evidence.
``(E) Regulations required.--Not later than 18
months after the date of enactment of the Justice for
Victims of Trafficking Act of 2015, the Secretary of
Health and Human Services shall adopt regulations to
implement this paragraph.
``(F) Rule of construction; official recognition
optional.--Nothing in this paragraph may be construed
to require a covered individual to obtain a
determination under this paragraph in order to be
defined or classified as a victim of a severe form of
trafficking under this section.''.
SEC. 4. VICTIM-CENTERED CHILD HUMAN TRAFFICKING DETERRENCE BLOCK GRANT
PROGRAM.
(a) In General.--Section 203 of the Trafficking Victims Protection
Reauthorization Act of 2005 (42 U.S.C. 14044b) is amended to read as
follows:
``SEC. 203. VICTIM-CENTERED CHILD HUMAN TRAFFICKING DETERRENCE BLOCK
GRANT PROGRAM.
``(a) Grants Authorized.--The Attorney General may award block
grants to an eligible entity to develop, improve, or expand 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 child victims of
human trafficking;
``(C) facilitate the rescue of child victims of
human trafficking;
``(D) investigate and prosecute acts of 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;
``(E) use laws that prohibit acts of child human
trafficking, child sexual abuse, and child rape, and to
assist in the development of State and local laws to
prohibit, investigate, and prosecute acts of child
human trafficking; and
``(F) implement and provide education on safe
harbor laws enacted by States, aimed at preventing the
criminalization and prosecution of child sex
trafficking victims for prostitution offenses;
``(2) the establishment or enhancement of dedicated anti-
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-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
offenders, 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;
``(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) nongovernmental organizations and
shelter service providers with substantial
experience in delivering wrap-around services
to victims of child human trafficking; and
``(E) the establishment or enhancement of other
necessary victim assistance programs or personnel, such
as victim or child advocates, child-protective
services, child forensic interviews, or other necessary
service providers; and
``(3) the establishment or enhancement of problem solving
court programs for trafficking victims that include--
``(A) mandatory and regular training requirements
for judicial officials involved in the administration
or operation of the court program described under this
paragraph;
``(B) 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;
``(C) the development of a specialized and
individualized, court-ordered treatment program 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;
``(D) centralized case management involving the
consolidation of all of each child human trafficking
victim's cases and offenses, and the coordination of
all trafficking victim treatment programs and social
services;
``(E) regular and mandatory court appearances by
the victim during the duration of the treatment program
for purposes of ensuring compliance and effectiveness;
``(F) the ultimate dismissal of relevant non-
violent criminal charges against the victim, where such
victim successfully complies with the terms of the
court-ordered treatment program; and
``(G) collaborative efforts with child advocacy
centers, child welfare agencies, shelters, and
nongovernmental organizations with substantial
experience in delivering wrap-around services to
victims of child human trafficking to provide services
to victims and encourage cooperation with law
enforcement.
``(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) describe the activities for which assistance
under this section is sought;
``(B) include a detailed plan for the use of funds
awarded under the grant;
``(C) provide such additional information and
assurances as the Attorney General determines to be
necessary to ensure compliance with the requirements of
this section; and
``(D) 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 ending on the date of the
submission of an application under 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) through (3) 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
3 years after the date of award of the grant.
``(2) Renewal.--A grant under this section shall be
renewable not more than 2 times and for a period of not greater
than 2 years.
``(e) Evaluation.--The Attorney General shall--
``(1) enter into a contract with a nongovernmental
organization, including an academic or nonprofit organization,
that has experience with issues related to child human
trafficking and evaluation of grant programs to conduct
periodic evaluations of grants made under this section to
determine the impact and effectiveness of programs funded with
grants awarded under this section; and
``(2) submit the results of any evaluation conducted
pursuant to paragraph (1) to--
``(A) the Committee on the Judiciary of the Senate;
and
``(B) the Committee on the Judiciary of the House
of Representatives.
``(f) Mandatory Exclusion.--An eligible entity awarded funds under
this section that is found to have used grant funds for any
unauthorized expenditure or otherwise unallowable cost shall not be
eligible for any grant funds awarded under the block grant for 2 fiscal
years following the year in which the unauthorized expenditure or
unallowable cost is reported.
``(g) Compliance Requirement.--An eligible entity shall not be
eligible to receive a grant under this section if within the 5 fiscal
years before submitting an application for a grant under this section,
the grantee has been found to have violated the terms or conditions of
a Government grant program by utilizing grant funds for unauthorized
expenditures or otherwise unallowable costs.
``(h) Administrative Cap.--The cost of administering the grants
authorized by this section shall not exceed 5 percent of the total
amount expended to carry out this section.
``(i) Federal Share.--The Federal share of the cost of a program
funded by a grant awarded under this section shall be--
``(1) 70 percent in the first year;
``(2) 60 percent in the second year; and
``(3) 50 percent in the third year, and in all subsequent
years.
``(j) Authorization of Funding; Fully Offset.--For purposes of
carrying out this section, the Attorney General, in consultation with
the Secretary of Health and Human Services, is authorized to award not
more than $7,000,000 of the funds available in the Domestic Trafficking
Victims' Fund, established under section 3014 of title 18, United
States Code, for each of fiscal years 2016 through 2020.
``(k) 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;
``(C) has developed a workable, multi-disciplinary
plan to combat child human trafficking, including--
``(i) the establishment of a shelter for
victims of child human trafficking, through
existing or new facilities;
``(ii) the provision of trauma-informed,
gender-responsive rehabilitative care to
victims of child human trafficking;
``(iii) the provision of specialized
training for law enforcement officers and
social service providers for all forms of human
trafficking, with a focus on domestic child
human trafficking;
``(iv) prevention, deterrence, and
prosecution of offenses involving child human
trafficking, including soliciting, patronizing,
or purchasing human acts with children;
``(v) cooperation or referral agreements
with organizations providing outreach or other
related services to runaway and homeless youth;
``(vi) law enforcement protocols or
procedures to screen all individuals arrested
for prostitution, whether adult or child, for
victimization by sex trafficking and by other
crimes, such as sexual assault and domestic
violence; and
``(vii) cooperation or referral agreements
with State child welfare agencies and child
advocacy centers; and
``(D) provides an assurance that, under the plan
under subparagraph (C), a victim of child human
trafficking shall not be required to collaborate with
law enforcement officers to have access to any shelter
or services provided with a grant under this section.
``(l) Grant Accountability; Specialized Victims' Service
Requirement.--No grant funds under this section may be awarded or
transferred to any entity unless such entity has demonstrated
substantial experience providing services to victims of human
trafficking or related populations (such as runaway and homeless
youth), or employs staff specialized in the treatment of human
trafficking victims.''.
(b) Table of Contents.--The table of contents in section 1(b) of
the Trafficking Victims Protection Reauthorization Act of 2005 (22
U.S.C. 7101 note) is amended by striking the item relating to section
203 and inserting the following:
``Sec. 203. Victim-centered child human trafficking deterrence block
grant program.''.
SEC. 5. 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.''.
SEC. 6. INCREASING COMPENSATION AND RESTITUTION FOR TRAFFICKING
VICTIMS.
(a) Amendments to Title 18.--Section 1594 of title 18, United
States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``that was used or'' and
inserting ``that was involved in, used, or'';
and
(ii) by inserting ``, and any property
traceable to such property'' after ``such
violation''; and
(B) in paragraph (2), by inserting ``, or any
property traceable to such property'' after ``such
violation'';
(2) in subsection (e)(1)(A)--
(A) by striking ``used or'' and inserting
``involved in, used, or''; and
(B) by inserting ``, and any property traceable to
such property'' after ``any violation of this
chapter'';
(3) by redesignating subsection (f) as subsection (g); and
(4) by inserting after subsection (e) the following:
``(f) Transfer of Forfeited Assets.--
``(1) In general.--Notwithstanding any other provision of
law, the Attorney General shall transfer assets forfeited
pursuant to this section, or the proceeds derived from the sale
thereof, to satisfy victim restitution orders arising from
violations of this chapter.
``(2) Priority.--Transfers pursuant to paragraph (1) shall
have priority over any other claims to the assets or their
proceeds.
``(3) Use of non-forfeited assets.--Transfers pursuant to
paragraph (1) shall not reduce or otherwise mitigate the
obligation of a person convicted of a violation of this chapter
to satisfy the full amount of a restitution order through the
use of non-forfeited assets or to reimburse the Attorney
General for the value of assets or proceeds transferred under
this subsection through the use of non-forfeited assets.''.
(b) Amendment to Title 28.--Section 524(c)(1)(B) of title 28,
United States Code, is amended by inserting ``chapter 77 of title 18,''
after ``criminal drug laws of the United States or of''.
(c) Amendments to Title 31.--
(1) In general.--Chapter 97 of title 31, United States
Code, is amended--
(A) by redesignating section 9703 (as added by
section 638(b)(1) of the Treasury, Postal Service, and
General Government Appropriations Act, 1993 (Public Law
102-393; 106 Stat. 1779)) as section 9705; and
(B) in section 9705(a), as redesignated--
(i) in paragraph (1)--
(I) in subparagraph (I)--
(aa) by striking
``payment'' and inserting
``Payment''; and
(bb) by striking the
semicolon at the end and
inserting a period; and
(II) in subparagraph (J), by
striking ``payment'' and inserting
``Payment''; and
(ii) in paragraph (2)--
(I) in subparagraph (B)--
(aa) in clause (iii)--
(AA) in subclause
(I), by striking ``or''
and inserting ``of'';
and
(BB) in subclause
(III), by striking
``and'' at the end;
(bb) in clause (iv), by
striking the period at the end
and inserting ``; and''; and
(cc) by inserting after
clause (iv) the following:
``(v) U.S. Immigration and Customs
Enforcement with respect to a violation of
chapter 77 of title 18 (relating to human
trafficking);'';
(II) in subparagraph (G), by adding
``and'' at the end; and
(III) in subparagraph (H), by
striking ``; and'' and inserting a
period.
(2) Technical and conforming amendments.--
(A) Cross references.--
(i) Title 28.--Section 524(c) of title 28,
United States Code, is amended--
(I) in paragraph (4)(C), by
striking ``section 9703(g)(4)(A)(ii)''
and inserting ``section
9705(g)(4)(A)'';
(II) in paragraph (10), by striking
``section 9703(p)'' and inserting
``section 9705(p)''; and
(III) in paragraph (11), by
striking ``section 9703'' and inserting
``section 9705''.
(ii) Title 31.--Title 31, United States
Code, is amended--
(I) in section 312(d), by striking
``section 9703'' and inserting
``section 9705''; and
(II) in section 5340(1), by
striking ``section 9703(p)(1)'' and
inserting ``section 9705(p)(1)''.
(iii) Title 39.--Section 2003(e)(1) of
title 39, United States Code, is amended by
striking ``section 9703(p)'' and inserting
``section 9705(p)''.
(B) Table of sections.--The table of sections for
chapter 97 of title 31, United States Code, is amended
to read as follows:
``9701. Fees and charges for Government services and things of value.
``9702. Investment of trust funds.
``9703. Managerial accountability and flexibility.
``9704. Pilot projects for managerial accountability and flexibility.
``9705. Department of the Treasury Forfeiture Fund.''.
SEC. 7. STREAMLINING HUMAN TRAFFICKING INVESTIGATIONS.
Section 2516 of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (a), by inserting a comma after
``weapons)'';
(B) in subparagraph (c)--
(i) by inserting ``section 1581 (peonage),
section 1584 (involuntary servitude), section
1589 (forced labor), section 1590 (trafficking
with respect to peonage, slavery, involuntary
servitude, or forced labor),'' before ``section
1591'';
(ii) by inserting ``section 1592 (unlawful
conduct with respect to documents in
furtherance of trafficking, peonage, slavery,
involuntary servitude, or forced labor),''
before ``section 1751'';
(iii) by inserting a comma after
``virus)'';
(iv) by striking ``,, section'' and
inserting a comma;
(v) by striking ``or'' after ``misuse of
passports),''; and
(vi) by inserting ``or'' before ``section
555'';
(C) in subparagraph (j), by striking ``pipeline,)''
and inserting ``pipeline),''; and
(D) in subparagraph (p), by striking ``documents,
section 1028A (relating to aggravated identity
theft))'' and inserting ``documents), section 1028A
(relating to aggravated identity theft)''; and
(2) in paragraph (2), by inserting ``human trafficking,
child sexual exploitation, child pornography production,''
after ``kidnapping''.
SEC. 8. ENHANCING HUMAN TRAFFICKING REPORTING.
(a) In General.--Section 505 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3755) is amended by
adding at the end the following:
``(i) Part 1 Violent Crimes To Include Human Trafficking.--For
purposes of this section, the term `part 1 violent crimes' shall
include severe forms of trafficking in persons (as defined in section
103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102)).''.
(b) Crime Control Act Amendments.--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. 9. REDUCING DEMAND FOR SEX TRAFFICKING.
(a) In General.--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''.
(b) Definition Amended.--Section 103(10) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102(10)) is amended by striking ``or
obtaining'' and inserting ``obtaining, patronizing, or soliciting''.
(c) Purpose.--The purpose of the amendments made by this section is
to clarify the range of conduct punished as sex trafficking.
SEC. 10. USING EXISTING TASK FORCES AND COMPONENTS 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--
(1) all task forces and working groups within the Innocence
Lost National Initiative 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; and
(2) all components and task forces with jurisdiction to
detect, investigate, and prosecute cases of child labor
trafficking engage in activities, programs, or operations to
increase the capacity of such components to deter and punish
child labor trafficking.
SEC. 11. TARGETING CHILD PREDATORS.
(a) Clarifying That Child Pornography Producers Are Human
Traffickers.--Section 2423(f) of title 18, United States Code, is
amended--
(1) by striking ``means (1) a'' and inserting the
following: ``means--
``(1) a'';
(2) by striking ``United States; or (2) any'' and inserting
the following: ``United States;
``(2) any''; and
(3) by striking the period at the end and inserting the
following: ``; or
``(3) production of child pornography (as defined in
section 2256(8)).''.
(b) 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. 12. MONITORING ALL HUMAN TRAFFICKERS AS VIOLENT CRIMINALS.
Section 3156(a)(4)(C) of title 18, United States Code, is amended
by inserting ``77,'' after ``chapter''.
SEC. 13. 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) Crime Victims Fund.--Section 1402(d)(3)(A)(i) of the Victims of
Crime Act of 1984 (42 U.S.C. 10601(d)(3)(A)(i)) is amended by inserting
``section'' before ``3771''.
(c) 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. 14. COMBAT HUMAN TRAFFICKING ACT.
(a) Short Title.--This section may be cited as the ``Combat Human
Trafficking Act of 2015''.
(b) Definitions.--In this section:
(1) Commercial sex act; severe forms of trafficking in
persons; state.--The terms ``commercial sex act'', ``severe
forms of trafficking in persons'', and ``State'' have the
meanings given those terms in section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102).
(2) Covered offender.--The term ``covered offender'' means
an individual who obtains, patronizes, or solicits a commercial
sex act involving a person subject to severe forms of
trafficking in persons.
(3) Covered offense.--The term ``covered offense'' means
the provision, obtaining, patronizing, or soliciting of a
commercial sex act involving a person subject to severe forms
of trafficking in persons.
(4) Federal law enforcement officer.--The term ``Federal
law enforcement officer'' has the meaning given the term in
section 115 of title 18, United States Code.
(5) Local law enforcement officer.--The term ``local law
enforcement officer'' means any officer, agent, or employee of
a unit of local government authorized by law or by a local
government agency to engage in or supervise the prevention,
detection, investigation, or prosecution of any violation of
criminal law.
(6) State law enforcement officer.--The term ``State law
enforcement officer'' means any officer, agent, or employee of
a State authorized by law or by a State government agency to
engage in or supervise the prevention, detection,
investigation, or prosecution of any violation of criminal law.
(c) Department of Justice Training and Policy for Law Enforcement
Officers, Prosecutors, and Judges.--
(1) Training.--
(A) Law enforcement officers.--The Attorney General
shall ensure that each anti-human trafficking program
operated by the Department of Justice, including each
anti-human trafficking training program for Federal,
State, or local law enforcement officers, includes
technical training on--
(i) effective methods for investigating and
prosecuting covered offenders; and
(ii) facilitating the provision of physical
and mental health services by health care
providers to persons subject to severe forms of
trafficking in persons.
(B) Federal prosecutors.--The Attorney General
shall ensure that each anti-human trafficking program
operated by the Department of Justice for United States
attorneys or other Federal prosecutors includes
training on seeking restitution for offenses under
chapter 77 of title 18, United States Code, to ensure
that each United States attorney or other Federal
prosecutor, upon obtaining a conviction for such an
offense, requests a specific amount of restitution for
each victim of the offense without regard to whether
the victim requests restitution.
(C) Judges.--The Federal Judicial Center shall
provide training to judges relating to the application
of section 1593 of title 18, United States Code, with
respect to ordering restitution for victims of offenses
under chapter 77 of such title.
(2) Policy for federal law enforcement officers.--The
Attorney General shall ensure that Federal law enforcement
officers are engaged in activities, programs, or operations
involving the detection, investigation, and prosecution of
covered offenders.
(d) Minimum Period of Supervised Release for Conspiracy To Commit
Commercial Child Sex Trafficking.--Section 3583(k) of title 18, United
States Code, is amended by inserting ``1594(c),'' after ``1591,''.
(e) Bureau of Justice Statistics Report on State Enforcement of
Human Trafficking Prohibitions.--The Director of the Bureau of Justice
Statistics shall--
(1) prepare an annual report on--
(A) the rates of--
(i) arrest of individuals by State law
enforcement officers for a covered offense;
(ii) prosecution (including specific
charges) of individuals in State court systems
for a covered offense; and
(iii) conviction of individuals in State
court systems for a covered offense; and
(B) sentences imposed on individuals convicted in
State court systems for a covered offense; and
(2) submit the annual report prepared under paragraph (1)
to--
(A) the Committee on the Judiciary of the House of
Representatives;
(B) the Committee on the Judiciary of the Senate;
(C) the Task Force;
(D) the Senior Policy Operating Group established
under section 105(g) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7103(g)); and
(E) the Attorney General.
SEC. 15. GRANT ACCOUNTABILITY.
(a) Definition.--In this section, the term ``covered grant'' means
a grant awarded by the Attorney General under section 203 of the
Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C.
14044b), as amended by section 4.
(b) Accountability.--All covered grants shall be subject to the
following accountability provisions:
(1) Audit requirement.--
(A) In general.--Beginning in the first fiscal year
beginning after the date of enactment of this Act, and
in each fiscal year thereafter, the Inspector General
of the Department of Justice shall conduct audits of
recipients of a covered grant to prevent waste, fraud,
and abuse of funds by grantees. The Inspector General
shall determine the appropriate number of grantees to
be audited each year.
(B) Definition.--In this paragraph, the term
``unresolved audit finding'' means a finding in the
final audit report of the Inspector General that the
audited grantee has utilized grant funds for an
unauthorized expenditure or otherwise unallowable cost
that is not closed or resolved within 12 months from
the date when the final audit report is issued.
(C) Mandatory exclusion.--A recipient of a covered
grant that is found to have an unresolved audit finding
shall not be eligible to receive a covered grant during
the following 2 fiscal years.
(D) Priority.--In awarding covered grants the
Attorney General shall give priority to eligible
entities that did not have an unresolved audit finding
during the 3 fiscal years prior to submitting an
application for a covered grant.
(E) Reimbursement.--If an entity is awarded a
covered grant during the 2-fiscal-year period in which
the entity is barred from receiving grants under
subparagraph (C), the Attorney General shall--
(i) deposit an amount equal to the grant
funds that were improperly awarded to the
grantee into the General Fund of the Treasury;
and
(ii) seek to recoup the costs of the
repayment to the fund from the grant recipient
that was erroneously awarded grant funds.
(2) Nonprofit organization requirements.--
(A) Definition.--For purposes of this paragraph and
covered grants, the term ``nonprofit 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.
(B) Prohibition.--The Attorney General may not
award a covered grant to 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.
(C) Disclosure.--Each nonprofit organization that
is awarded a covered grant and uses the procedures
prescribed in regulations to create a rebuttable
presumption of reasonableness for the compensation of
its officers, directors, trustees and key employees,
shall disclose to the Attorney General, in the
application for the grant, the process for determining
such compensation, including the independent persons
involved in reviewing and approving such compensation,
the comparability data used, and contemporaneous
substantiation of the deliberation and decision. Upon
request, the Attorney General shall make the
information disclosed under this subsection available
for public inspection.
(3) Conference expenditures.--
(A) Limitation.--No amounts transferred to the
Department of Justice under this Act, or the amendments
made by this Act, may be used by the Attorney General,
or by any individual or organization awarded
discretionary funds through a cooperative agreement
under this Act, or the amendments made by this Act, to
host or support any expenditure for conferences that
uses more than $20,000 in Department funds, unless the
Deputy Attorney General or such Assistant Attorney
Generals, Directors, or principal deputies as the
Deputy Attorney General may designate, provides prior
written authorization that the funds may be expended to
host a conference.
(B) Written approval.--Written approval under
subparagraph (A) shall include a written estimate of
all costs associated with the conference, including the
cost of all food and beverages, audiovisual equipment,
honoraria for speakers, and any entertainment.
(C) 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
approved conference expenditures referenced in this
paragraph.
(D) Annual certification.--Beginning in the first
fiscal year beginning after the date of enactment of
this Act, the Attorney General shall submit, to the
Committee on the Judiciary and the Committee on
Appropriations of the Senate and the Committee on the
Judiciary and the Committee on Appropriations of the
House of Representatives, an annual certification
that--
(i) all audits issued by the Office of the
Inspector General under paragraph (1) have been
completed and reviewed by the appropriate
Assistant Attorney General or Director;
(ii) all mandatory exclusions required
under paragraph (1)(C) have been issued;
(iii) all reimbursements required under
paragraph (1)(E) have been made; and
(iv) includes a list of any grant
recipients excluded under paragraph (1) from
the previous year.
(4) Prohibition on lobbying activity.--
(A) In general.--Amounts awarded under this Act, or
any amendments made by this Act, may not be utilized by
any grant recipient to--
(i) lobby any representative of the
Department of Justice regarding the award of
grant funding; or
(ii) lobby any representative of a Federal,
State, local, or tribal government regarding
the award of grant funding.
(B) Penalty.--If the Attorney General determines
that any recipient of a covered grant has violated
subparagraph (A), the Attorney General shall--
(i) require the grant recipient to repay
the grant in full; and
(ii) prohibit the grant recipient from
receiving another covered grant for not less
than 5 years.
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