Text: H.R.181 — 114th Congress (2015-2016)All Information (Except Text)

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Referred in Senate (02/04/2015)

 
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 181 Referred in Senate (RFS)]

114th CONGRESS
  1st Session
                                H. R. 181


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 28, 2015

                                Received

                            February 4, 2015

       Read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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 2015''.

SEC. 2. 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 three times and for a period of not 
        greater than 1 year.
    ``(e) Evaluation.--The Attorney General shall enter into a contract 
or other agreement with an academic or nonprofit 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 one 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. 3. AMENDMENTS TO THE VICTIMS OF CHILD ABUSE ACT OF 1990.

    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. 4. STREAMLINING FEDERAL, STATE, AND LOCAL HUMAN TRAFFICKING 
              INVESTIGATIONS.

    Section 2516 of title 18, United States Code, is amended--
            (1) in paragraph (1)(C)--
                    (A) by inserting before ``section 1591'' the 
                following: ``section 1581 (peonage; obstructing 
                enforcement), section 1584 (sale into involuntary 
                servitude), section 1589 (forced labor), section 1590 
                (trafficking with respect to peonage, slavery, 
                involuntary servitude, or forced labor),''; and
                    (B) by inserting before ``section 1751'' the 
                following: ``section 1592 (unlawful conduct with 
                respect to documents in furtherance of trafficking, 
                peonage, slavery, involuntary servitude, or forced 
                labor),''; and
            (2) in paragraph (2), by inserting ``human trafficking, 
        offenses pertaining to child pornography, child sexual abuse, 
        coercion and enticement of children,'' after ``kidnapping,''.

SEC. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 agreement 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. 11. 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;
            (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;
            (5) United States citizens or lawful permanent residents 
        who are victims of severe forms of trafficking are not required 
        to obtain an official certification from the Secretary of 
        Health and Human Services in order to access any of the 
        specialized services described in section 107 of the 
        Trafficking Victims Protection Act of 2000 or any other Federal 
        benefits and protections to which they are otherwise entitled; 
        and
            (6) as matters stand on the date of enactment of this Act, 
        there are insufficient services and programs for victims of 
        severe forms of human trafficking in the United States, 
        including United States citizens and lawful permanent 
        residents.

SEC. 12. CLARIFYING THE BENEFITS AND PROTECTIONS OFFERED TO DOMESTIC 
              VICTIMS OF HUMAN TRAFFICKING.

    Section 107(b) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7105(b)) is amended--
            (1) by redesignating subparagraph (F), as subparagraph (G);
            (2) by redesignating subparagraph (G), as subparagraph (H); 
        and
            (3) by inserting after subparagraph (E) the following:
                    ``(F) No requirement of official certification for 
                united states citizens and lawful permanent 
                residents.--Nothing in this section may be construed to 
                require United States citizens or lawful permanent 
                residents who are victims of severe forms of 
                trafficking to obtain an official certification from 
                the Secretary of Health and Human Services in order to 
                access any of the specialized services described in 
                this subsection or any other Federal benefits and 
                protections to which they are otherwise entitled.''.

            Passed the House of Representatives January 27, 2015.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

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