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114th Congress     }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session       }                                     {        114-7

======================================================================



 
             JUSTICE FOR VICTIMS OF TRAFFICKING ACT OF 2015

                                _______
                                

January 27, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Goodlatte, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 181]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 181) to provide justice for the victims of 
trafficking, having considered the same, reports favorably 
thereon without amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page

Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     2
Hearings.........................................................     4
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
New Budget Authority and Tax Expenditures........................     4
Congressional Budget Office Cost Estimate........................     4
Duplication of Federal Programs..................................     5
Disclosure of Directed Rule Makings..............................     5
Performance Goals and Objectives.................................     5
Advisory on Earmarks.............................................     5
Section-by-Section Analysis......................................     5
Changes in Existing Law Made by the Bill, as Reported............     8

                          Purpose and Summary

    H.R. 181, as reported, is a comprehensive response to the 
growing crime of child sex trafficking. Among other things, 
this legislation addresses victim services and provides 
additional resources to law enforcement through the new victim-
centered grant program; helps to facilitate these 
investigations by providing that sex trafficking and other 
similar crimes are predicate offenses for state wiretap 
applications; addresses the demand side of this crime by 
clarifying that under existing 18 U.S.C. Sec. 1591, it is a 
Federal crime to solicit or patronize for sex minors or adults 
who are involved in the sex trade through force, fraud, or 
coercion; and improves the reporting of missing children.

                Background and Need for the Legislation

    According to the Federal Bureau of Investigation, sex 
trafficking is the fastest-growing business of organized crime 
and the third-largest criminal enterprise in the world.\1\ 
Because this crime usually occurs outside of the public eye, it 
is difficult to estimate the number of minor victims of sex 
trafficking.\2\
---------------------------------------------------------------------------
    \1\See Amanda Walker-Rodriguez & Rodney Hill, The FBI, FBI Law 
Enforcement Bulletin: Human Sex Trafficking, Mar. 2011.
    \2\Starting in January 2013, the FBI began collecting data 
regarding sex trafficking specifically as part of its Uniform Crime 
Report program. This information should help to provide a more fulsome 
picture of the impact of minor sex trafficking nationwide. See fbi, UCR 
Program Continues to Adapt, Evolve, http://www.fbi.gov/about-us/cjis/
cjis-link/september-2011/ucr-program-continues-to-adapt-evolve.
---------------------------------------------------------------------------
    The problem, however, is extensive. Demand for the 
prostitution (and other forms of commercial sexual 
exploitation) of children is steady, and profit to sex pimps 
(or more aptly called ``traffickers''), has increased. One 
study estimates that over 290,000 American youth are at risk of 
becoming a victim of sex trafficking, and the National Center 
for Missing and Exploited Children estimates that one of every 
seven endangered runaways reported to the Center are likely 
victims of minor sex trafficking.\3\ And, from 2004 through 
2008, the Internet Crimes Against Children Task Forces have 
experienced an increase of more than 900 percent in the number 
of child victims of prostitution.\4\
---------------------------------------------------------------------------
    \3\Oversight Hearing: The State of Efforts to Stop Human 
Trafficking, H. Subcomm. on Commerce, Justice, Science, and Related 
Agencies of the H. Comm. on Appropriations, 113th Congress (statement 
of John Ryan, CEO, National Center for Missing and Exploited Children).
    \4\U.S. Department of Justice, The National Strategy for Child 
Exploitation Prevention and Interdiction, 32, 2010, available at http:/
/www.justice.gov/psc/docs/natstrategyreport.pdf.
---------------------------------------------------------------------------
    Victims of sex trafficking are exploited by traffickers who 
may operate alone or as part of a criminal network. Shared Hope 
International estimates that human trafficking in the United 
States is a $9.8 billion industry.\5\ It is more profitable for 
a trafficker to sell the sexual services of a child or adult 
than to commit other crimes such as dealing in drugs--drugs can 
only be sold once, whereas victims can be, and are, prostituted 
multiple times a day.\6\ In fact, traffickers will often set 
daily monetary quotas for their victims, usually ranging 
between $500 and $1,000, which goes to the trafficker and not 
the victim. Failure to meet these quotas can result in violence 
and other types of retaliation against the victim.\7\
---------------------------------------------------------------------------
    \5\Shared hope international, Domestic Minor Sex Trafficking in the 
U.S., http://sharedhope.org/wp-content/uploads/2013/11/
DMSTinfographic.pdf.
    \6\U.S. Department of Justice, supra note 4 at 32-33.
    \7\Domestic Sex Trafficking: The Criminal Operations of the 
American Pimp, Polaris Project, available at http://
www.dcjs.virginia.gov/victims/humantrafficking/vs/documents/Domestic_
Sex_Trafficking_Guide.pdf.
---------------------------------------------------------------------------
    Many traffickers increase their profits by working together 
and sharing information about ``hot spots'' where there may be 
higher demand or areas of increased police activity to avoid. 
For example, traffickers will often transport their victims to 
cities that are hosting major sporting events or conventions in 
order to find increased demand. The practice of moving children 
from city to city also makes it more difficult for law 
enforcement to investigate and stop trafficking enterprises.
    The average age of minors entering the sex trade is between 
12 and 14 years.\8\ Traffickers often target vulnerable youth, 
who are more easily lured into prostitution and other forms of 
child exploitation. For example, runaways and children in the 
foster care system are particularly vulnerable to becoming 
victims of sex trafficking--one federally funded study found 
that approximately 1.7 million youth had run away from home or 
were forced to leave their homes at some point in 1999, and 
that, while away from home, an estimated 38,600 (2.2%) of these 
youth were sexually assaulted, were in the company of someone 
known to be sexually abusive, or were engaged in sexual 
activity in exchange for money, drugs, food, or shelter.\9\ 
Victims of minor sex trafficking, however, are not always 
runaways or in foster homes. Instead, these victims can and do 
come from any type of home or socioeconomic background.\10\
---------------------------------------------------------------------------
    \8\Rights4girls, http://www.rights4girls.org/uploads/
child%20welfare%20and%20child%20traf
ficking.pdf.
    \9\Heather Hammer, David Finkelhor, & Andrea J. Sedlak, U.S. 
Department of Justice Office of Juvenile Justice and Delinquency 
Prevention, OJJDP NISMART Bulletin Runaway/Thrownaway Children: 
National Estimates and Characteristics, Oct. 2002, available at https:/
/www.ncjrs.gov/pdffiles1/ojjdp/196469.pdf.
    \10\See ``You're Pretty--You Could Make Some Money,'' Washingtonian 
Mag., June 10, 2013 (discussing the growth of minor sex trafficking 
victims coming from ``the affluent Northern Virginia suburbs'').
---------------------------------------------------------------------------
    Traffickers are often able to lure victims with false 
promises to address their emotional and physical 
vulnerabilities. These manipulative, abusive, and traumatizing 
relationships, however, can help to ensure that the victims 
will remain loyal to their traffickers in spite of their 
victimization. Other reasons that victims are often unable to 
leave their traffickers include being kept in captivity or 
confinement, the use of violence and threats, debt bondage, and 
fear of retaliation or arrest.\11\ This applies not only to 
child victims but also adults who, by force, fraud, or 
coercion, are victims of traffickers.
---------------------------------------------------------------------------
    \11\See Domestic Sex Trafficking: The Criminal Operations of the 
American Pimp, supra note 7.
---------------------------------------------------------------------------
    The investigation and prosecution of human trafficking has 
often been carried out by state and local law enforcement. 
Congress has focused recent attention on domestic sex 
trafficking of children, which includes commercial sex acts 
involving children under the age of 18. Under the Victims of 
Trafficking and Violence Protection Act of 2000 (TVPA), the 
primary law that addresses trafficking, sex trafficking of 
children in interstate commerce is a Federal crime.\12\ 
Further, regardless of whether a child is believed to have 
consented to sex or whether the child represents himself or 
herself as an adult, the child is considered a trafficking 
victim under Federal law.\13\
---------------------------------------------------------------------------
    \12\P.L. 106-386.
    \13\18 U.S.C. Sec. 1591.
---------------------------------------------------------------------------
    While much of the efforts to combat this crime have focused 
on the supply-side of sex trafficking, it is also a Federal 
(and state) crime to purchase sex with a minor.\14\ There is no 
uniform profile of a buyer of commercial sex with a minor, 
making buyers particularly difficult to identify. Research has 
suggested that these predators are often encouraged by online 
solicitations, temptations, and exploitation. In addition to 
those actively seeking out sex with minors, some buyers may 
engage in sex with minors unknowingly, to wit, those 
perpetrators may assume that a prostituted individual is an 
adult, not a child. Alternatively, they may or may not inquire 
about the age of that individual and may still decide to engage 
in a sex act even if she or he is a minor.\15\
---------------------------------------------------------------------------
    \14\United States v. Jungers, 702 F.3d 1066, 1075 (8th Cir. 2013) 
(holding that purchasers of minor sex services can be held criminally 
liable under 18 U.S.C. Sec. 1591. See also United States Attorney's 
office for the Western District of Missouri, lebanon man sentenced to 
20 years for coercing a minor to become a sex slave (announcing the 
conviction of sex trafficking customers), available at http://
www.justice.gov/usao/mow/news2013/bagley.sen.html (announcing the 
conviction of sex trafficking customers).
    \15\See generally Malika Saada Saar, There is No Such Thing As A 
Child Prostitute, Wash. Post, Feb, 17, 2014 (discussing Tami, who 
pleaded with her purchasers for months to take her to the police 
because she was a minor, but none did), available at http://www.
washingtonpost.com/opinions/there-is-no-such-thing-as-a-child-
prostitute/2014/02/14/631ebd26-8ec7-11e3-b227-12a45d109e03_story.html.
---------------------------------------------------------------------------

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
181.

                        Committee Consideration

    On January 21, 2015, the Committee met in open session and 
ordered the bill H.R. 181 favorably reported by voice vote, a 
quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were no recorded votes during the Committee's consideration of 
H.R. 181.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    With respect to clause 3(c)(3) of rule XIII of the Rules of 
the House of Representatives, an estimate and comparison 
prepared by the Director of the Congressional Budget Office 
under section 402 of the Congressional Budget Act of 1974 was 
not submitted to the Committee before the of filing of the 
report.

                    Duplication of Federal Programs

    No provision of H.R. 181 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 181 specifically directs 
to be completed no specific rule makings within the meaning of 
5 U.S.C. 551.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R.181 
is a comprehensive response to the growing crime of child sex 
trafficking that focuses on prosecuting offenders and providing 
assistance and services to victims.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 181 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Section 1. Short Title. This section cites the short title 
of the bill as the ``Justice for Victims of Trafficking Act of 
2015.''
    Section 2. Victim-Centered Sex Trafficking Deterrence Grant 
Program. This section creates a victim-centered model grant 
program to help States and local governments develop and 
implement comprehensive victim-centered programs to train law 
enforcement, rescue exploited children, prosecute human 
traffickers, and restore the lives of victims. Specifically, 
these grant funds could be used for specialized training 
programs, the establishment of anti-trafficking task forces, 
victims' services, and the establishment or enhancement of 
problem-solving court programs for trafficking victims all 
focused on victim rescue and restoration. This grant program 
amends the existing grant program codified at 42 U.S.C. 
Sec. 14044b, and has the same authorization of $5 million a 
year over 5 years.
    Section 3. Amendments to the Victims of Child Abuse Act of 
1990. This section clarifies that Child Advocacy Centers (CACs) 
may provide assistance and services to victims of child 
pornography and minor sex trafficking, and provides that 
existing grant programs can support these efforts.
    Section 4. Streamlining State and Local Human Trafficking 
Investigations. Under current law (18 U.S.C. Sec. 2516), state 
and local law enforcement may obtain a wiretap warrant in their 
state courts upon a showing that the investigation may provide 
evidence of ``murder, kidnapping, gambling, robbery, bribery, 
extortion, or dealing in narcotic drugs, marijuana or other 
dangerous drugs, or other crime dangerous to life, limb, or 
property, and punishable by imprisonment for more than 1 
year[.]'' State courts have struggled with whether human 
trafficking and prostitution investigations provide evidence of 
one of the listed classes of offenses, which in some cases has 
precluded state human trafficking task forces from obtaining 
wiretaps in these critical cases.\16\ To address this problem, 
this section clarifies that the principle prosecuting attorney 
of a state or its political subdivision may obtain a wiretap 
warrant in a state court pursuant to a showing of probable 
cause that the wiretap will provide evidence of a crime of 
human trafficking, child sexual exploitation, or child 
pornography production.
---------------------------------------------------------------------------
    \16\See, e.g., State v. Rivers, 660 So.2d 1360 (Fla. 1995).
---------------------------------------------------------------------------
    Section 5. Enhancing Human Trafficking Reporting. This 
section requires law enforcement organizations who file missing 
children reports with the FBI's National Crime Information 
Center (NCIC) to include a recent photograph of the missing 
child in their report where available, and requires the 
National Center for Missing and Exploited Children (NCMEC) to 
be notified of each report received relating to a child 
reported missing from a foster care family home or childcare 
institution.
    Section 6. Reducing Demand for Sex Trafficking. The TVPA 
defines a sex trafficker as a person who ``knowingly--recruits, 
entices, harbors, transports, provides, obtains, or maintains 
by any means a person . . . knowing, or in reckless disregard 
of the fact, that means of force, threats of force, fraud, 
coercion . . . or any combination of such means will be used to 
cause the person to engage in a commercial sex act, or that the 
person has not attained the age of 18 years and will be caused 
to engage in a commercial sex act.'' In United States vs. 
Jungers, the Eighth Circuit ruled that 18 U.S.C. Sec. 1591 
applied to persons who purchase illicit sexual acts with 
trafficking victims after the U.S. District Court for the 
District of South Dakota erroneously granted motions to acquit 
buyers in two separate cases. This section clarifies existing 
law and codifies the Jungers decision by adding the words 
``solicits or patronizes'' to the sex trafficking statute, 
thereby clarifying Congress's intent that 18 U.S.C. Sec. 1591 
criminalizes those who purchase sexual acts from human 
trafficking victims.
    This section of the bill also clarifies that 18 U.S.C. 
Sec. 1591(c) provides that the government not need to prove 
beyond a reasonable doubt that a defendant knew or recklessly 
disregarded the fact that the victim was under the age of 18 if 
the defendant had ``a reasonable opportunity to observe the 
person.'' This is a clarifying amendment meant to codify United 
States v. Robinson, 702 F.3d 22, 34 (2d Cir. 2012) in which the 
Second Circuit held that in a ``prosecution under Sec. 1591, 
the government may satisfy its burden of proof with respect to 
the defendant's awareness of the victim's age by proving any of 
the following beyond a reasonable doubt: (1) the defendant knew 
that the victim was under eighteen, (2) the defendant 
recklessly disregarded the fact that the victim was under 
eighteen, or (3) the defendant had a reasonable opportunity to 
observe the victim.''
    Section 7. Using Existing Task Forces to Target Offenders 
Who Exploit Children. This section directs the Justice 
Department to use its existing law enforcement task forces 
through the Innocence Lost National Initiative to focus on 
fighting demand for human trafficking through the 
investigation, arrest, and prosecution of persons who purchase 
sexual acts with human trafficking victims.
    Section 8. Holding Sex Traffickers Accountable. Current 
Federal law allows interstate child predators to claim an 
affirmative defense under the Mann Act (18 U.S.C. Sec. 2423) 
where they can show, by a preponderance of the evidence (more 
likely than not), that they believed the person with whom they 
engaged in a commercial sex act was 18 years of age or older. 
This section increases the standard for claiming this 
affirmative defense by requiring defendants to show, by clear 
and convincing evidence (highly and substantially more probable 
than not), that they believed the victim to be 18 years of age 
or older.
    Section 9. Oversight and Accountability. This section 
provides accountability measures for the new Victim-Centered 
Sex Trafficking Deterrence Grant Program by allowing the DOJ 
Inspector General to conduct audits of grant recipients under 
the bill in order to prevent waste, fraud, and abuse of funds 
by grantees; prohibiting grantees with unresolved audit 
findings from receiving grant funds for a 2-year period; giving 
grantee priority to eligible entities that have not had an 
unresolved audit finding for the previous 3 years; and ensuring 
that grantees under the bill who have improperly received funds 
are required to reimburse the Federal Government in an amount 
equal to the improper award, among other things. This section 
also provides that grantees must seek approval when using more 
than $20,000 in grant funds to support or host a conference, 
except that a conference that uses more than $20,000 but less 
than $500 in grant funds per person is not subject to the 
approval requirements. This is intended to encourage grantees 
to be cost effective when holding conferences, and to not 
discourage large conferences that provide information and 
training in an efficient manner.
    Section 10. Crime Victims' Rights. This section clarifies 
Congress' intent with regard to several important provisions of 
the Crime Victims' Rights Act (CVRA), enacted in 2004, and 
makes several technical and conforming changes to the CVRA. The 
CVRA gives crime victims ``the right to participate in the 
system,'' including the ``right to be treated with fairness and 
with respect for the victim's dignity and privacy'' and ``the 
reasonable right to confer with the attorney for the Government 
in the case.'' The law also instructs that these rights must be 
provided not just by the Justice Department but by ``other 
departments and agencies of the United States engaged in the 
detection, investigation, or prosecution of crime.'' Despite 
this mandate, in 2010, the Justice Department's Office of Legal 
Counsel issued an opinion concluding that the CVRA does not 
confer rights on victims of Federal crimes until prosecutors 
initiate formal criminal proceedings via the filing of a 
complaint, information, or indictment. The result of this 
opinion is that Federal prosecutors are not required to notify 
crime victims of plea agreement or deferred prosecution 
agreement negotiations that occur prior to the filing of a 
formal charge. This section clarifies Congress' intent that 
crime victims be notified of plea agreements or deferred 
prosecution agreements, including those that may take place 
prior to a formal charge.
    The CVRA also empowers crime victims to challenge the 
denial of their rights through a writ of mandamus. However, 
since its enactment, the circuit courts have split on the issue 
of what standard of review should apply to such writs. This 
section adopts the approach followed by the Ninth Circuit in 
Kenna v. U.S. District Court for Central District of 
California, 435 F.3d 1011 (9th Cir. 2006), and the Second 
Circuit in In re W.R. Huff Asset Management Company, 409 F.3d 
555 (2d Cir. 2005), namely that, despite the use of a writ of 
mandamus as a mechanism for victims' rights enforcement, 
Congress intended that such writs be reviewed under ordinary 
appellate review standards.
    Sec. 11. Sense of Congress. This section provides a sense 
of Congress that minor sex trafficking is a terrible crime that 
should be prosecuted to the fullest extent of the law.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

       TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2005



           *       *       *       *       *       *       *
TITLE II--COMBATTING DOMESTIC TRAFFICKING IN PERSONS

           *       *       *       *       *       *       *


SEC. 203. PROTECTION OF JUVENILE VICTIMS OF TRAFFICKING IN PERSONS.

    [(a) Establishment of Pilot Program.--Not later than 180 
days after the date of the enactment of this Act, the Secretary 
of Health and Human Services shall establish and carry out a 
pilot program to establish residential treatment facilities in 
the United States for juveniles subjected to trafficking.
    [(b) Purposes.--The purposes of the pilot program 
established pursuant to subsection (a) are to--
            [(1) provide benefits and services to juveniles 
        subjected to trafficking, including shelter, 
        psychological counseling, and assistance in developing 
        independent living skills;
            [(2) assess the benefits of providing residential 
        treatment facilities for juveniles subjected to 
        trafficking, as well as the most efficient and cost-
        effective means of providing such facilities; and
            [(3) assess the need for and feasibility of 
        establishing additional residential treatment 
        facilities for juveniles subjected to trafficking.
    [(c) Selection of Sites.--The Secretary of Health and Human 
Services shall select three sites at which to operate the pilot 
program established pursuant to subsection (a).
    [(d) Form of Assistance.--In order to carry out the 
responsibilities of this section, the Secretary of Health and 
Human Services shall enter into contracts with, or make grants 
to, organizations that--
            [(1) have relevant expertise in the delivery of 
        services to juveniles who have been subjected to sexual 
        abuse or commercial sexual exploitation; or
            [(2) have entered into partnerships with 
        organizations that have expertise as described in 
        paragraph (1) for the purpose of implementing the 
        contracts or grants.
    [(e) Report.--Not later than one year after the date on 
which the first pilot program is established pursuant to 
subsection (a), the Secretary of Health and Human Services 
shall submit to Congress a report on the implementation of this 
section.
    [(f) Definition.--In this section, the term ``juvenile 
subjected to trafficking'' means a United States citizen, or 
alien admitted for permanent residence, who is the subject of 
sex trafficking or severe forms of trafficking in persons that 
occurs, in whole or in part, within the territorial 
jurisdiction of the United States and who has not attained 18 
years of age at the time the person is identified as having 
been the subject of sex trafficking or severe forms of 
trafficking in persons.]
    (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.
    [(g)] (j) Authorization of Appropriations.--There are 
authorized to be appropriated to the [Secretary of Health and 
Human Services] Attorney General, in consultation with the 
Secretary of Health and Human Services, to carry out this 
section $5,000,000 for each of the [fiscal years 2008 through 
2011] fiscal years 2015 through 2019.

           *       *       *       *       *       *       *

                              ----------                              


                   VICTIMS OF CHILD ABUSE ACT OF 1990



           *       *       *       *       *       *       *
TITLE II--VICTIMS OF CHILD ABUSE ACT OF 1990

           *       *       *       *       *       *       *


  Subtitle A--Improving Investigation and Prosecution of Child Abuse 
Cases

           *       *       *       *       *       *       *


SEC. 212. DEFINITIONS.

     For purposes of this subtitle--
            (1) the term ``Administrator'' means the agency 
        head designated under section 201(b) of the Juvenile 
        Justice and Delinquency Prevention Act of 1974 (42 
        U.S.C. 5611(b));
            (2) the term ``applicant'' means a child protective 
        service, law enforcement, legal, medical and mental 
        health agency or other agency that responds to child 
        abuse cases;
            (3) the term ``board'' means the Children's 
        Advocacy Advisory Board established under section 
        213(e);
            (4) the term ``census region'' means 1 of the 4 
        census regions (northeast, south, midwest, and west) 
        that are designated as census regions by the Bureau of 
        the Census as of the date of enactment of this section;
            (5) the term ``child abuse'' means physical or 
        sexual abuse or neglect of a child, including human 
        trafficking and the production of child pornography;
            (6) the term ``Director'' means the Director of the 
        National Center on Child Abuse and Neglect;
            (7) the term ``multidisciplinary response to child 
        abuse'' means a response to child abuse that is based 
        on mutually agreed upon procedures among the community 
        agencies and professionals involved in the 
        intervention, prevention, prosecution, and 
        investigation systems that best meets the needs of 
        child victims and their nonoffending family members;
            (8) the term ``nonoffending family member'' means a 
        member of the family of a victim of child abuse other 
        than a member who has been convicted or accused of 
        committing an act of child abuse; and
            (9) the term ``regional children's advocacy 
        program'' means the children's advocacy program 
        established under section 213(a).

           *       *       *       *       *       *       *


SEC. 214. LOCAL CHILDREN'S ADVOCACY CENTERS.

    (a) In General.--The Administrator, in coordination with 
the Director and with the Director of the Office of Victims of 
Crime, shall make grants to develop and implement 
multidisciplinary child abuse investigation and prosecution 
programs.
    (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.
    [(b)] (c) Grant Criteria.--(1) The Director shall establish 
the criteria to be used in evaluating applications for grants 
under this section consistent with sections 299B and 299E of 
the Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5665 et seq.).
    (2) In general, the grant criteria established pursuant to 
paragraph (1) may require that a program include any of the 
following elements:
            (A) A written agreement between local law 
        enforcement, social service, health, and other related 
        agencies to coordinate child abuse investigation, 
        prosecution, treatment, and counseling services.
            (B) An appropriate site for referring, 
        interviewing, treating, and counseling child victims of 
        sexual and serious physical abuse and neglect and 
        nonoffending family members (referred to as the 
        ``counseling center'').
            (C) Referral of all sexual and serious physical 
        abuse and neglect cases to the counseling center not 
        later than 24 hours after notification of an incident 
        of abuse.
            (D) Joint initial investigative interviews of child 
        victims by personnel from law enforcement, health, and 
        social service agencies.
            (E) A requirement that, to the extent practicable, 
        the same agency representative who conducts an initial 
        interview conduct all subsequent interviews.
            (F) A requirement that, to the extent practicable, 
        all interviews and meetings with a child victim occur 
        at the counseling center.
            (G) Coordination of each step of the investigation 
        process to minimize the number of interviews that a 
        child victim must attend.
            (H) Designation of a director for the 
        multidisciplinary program.
            (I) Assignment of a volunteer or staff advocate to 
        each child in order to assist the child and, when 
        appropriate, the child's family, throughout each step 
        of judicial proceedings.
            (J) Such other criteria as the Director shall 
        establish by regulation.
    [(c)] (d) Distribution of Grants.--In awarding grants under 
this section, the Director shall ensure that grants are 
distributed to both large and small States and to rural, 
suburban, and urban jurisdictions.
    [(d)] (e) Consultation With Regional Children's Advocacy 
Centers.--A grant recipient under this section shall consult 
from time to time with regional children's advocacy centers in 
its census region that are grant recipients under section 213.

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 18, UNITED STATES CODE

PART I--CRIMES

           *       *       *       *       *       *       *


CHAPTER 77--PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS

           *       *       *       *       *       *       *


Sec. 1591. Sex trafficking of children or by force, fraud, or coercion

    (a) Whoever knowingly--
            (1) in or affecting interstate or foreign commerce, 
        or within the special maritime and territorial 
        jurisdiction of the United States, recruits, entices, 
        harbors, transports, provides, obtains, [or maintains] 
        maintains, patronizes, or solicits by any means a 
        person; or
            (2) benefits, financially or by receiving anything 
        of value, from participation in a venture which has 
        engaged in an act described in violation of paragraph 
        (1),
knowing, or in reckless disregard of the fact, that means of 
force, threats of force, fraud, coercion described in 
subsection (e)(2), or any combination of such means will be 
used to cause the person to engage in a commercial sex act, or 
that the person has not attained the age of 18 years and will 
be caused to engage in a commercial sex act, shall be punished 
as provided in subsection (b).
    (b) The punishment for an offense under subsection (a) is--
            (1) if the offense was effected by means of force, 
        threats of force, fraud, or coercion described in 
        subsection (e)(2), or by any combination of such means, 
        or if the person recruited, enticed, harbored, 
        transported, provided, [or obtained] obtained, 
        patronized, or solicited had not attained the age of 14 
        years at the time of such offense, by a fine under this 
        title and imprisonment for any term of years not less 
        than 15 or for life; or
            (2) if the offense was not so effected, and the 
        person recruited, enticed, harbored, transported, 
        provided, [or obtained] obtained, patronized, or 
        solicited had attained the age of 14 years but had not 
        attained the age of 18 years at the time of such 
        offense, by a fine under this title and imprisonment 
        for not less than 10 years or for life.
    (c) In a prosecution under subsection (a)(1) in which the 
defendant had a reasonable opportunity to observe the person so 
recruited, enticed, harbored, transported, provided, obtained 
[or maintained], maintained, patronized, or solicited, the 
Government need not prove that the defendant [knew that the 
person] knew, or recklessly disregarded the fact, that the 
person had not attained the age of 18 years.
    (d) Whoever obstructs, attempts to obstruct, or in any way 
interferes with or prevents the enforcement of this section, 
shall be fined under this title, imprisoned for a term not to 
exceed 20 years, or both.
    (e) In this section:
            (1) The term ``abuse or threatened abuse of law or 
        legal process'' means the use or threatened use of a 
        law or legal process, whether administrative, civil, or 
        criminal, in any manner or for any purpose for which 
        the law was not designed, in order to exert pressure on 
        another person to cause that person to take some action 
        or refrain from taking some action.
            (2) The term ``coercion'' means--
                    (A) threats of serious harm to or physical 
                restraint against any person;
                    (B) any scheme, plan, or pattern intended 
                to cause a person to believe that failure to 
                perform an act would result in serious harm to 
                or physical restraint against any person; or
                    (C) the abuse or threatened abuse of law or 
                the legal process.
            (3) The term ``commercial sex act'' means any sex 
        act, on account of which anything of value is given to 
        or received by any person.
            (4) The term ``serious harm'' means any harm, 
        whether physical or nonphysical, including 
        psychological, financial, or reputational harm, that is 
        sufficiently serious, under all the surrounding 
        circumstances, to compel a reasonable person of the 
        same background and in the same circumstances to 
        perform or to continue performing commercial sexual 
        activity in order to avoid incurring that harm.
            (5) The term ``venture'' means any group of two or 
        more individuals associated in fact, whether or not a 
        legal entity.

           *       *       *       *       *       *       *


  CHAPTER 117--TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED 
CRIMES

           *       *       *       *       *       *       *


Sec. 2423. Transportation of minors

    (a) Transportation With Intent To Engage in Criminal Sexual 
Activity.--A person who knowingly transports an individual who 
has not attained the age of 18 years in interstate or foreign 
commerce, or in any commonwealth, territory or possession of 
the United States, with intent that the individual engage in 
prostitution, or in any sexual activity for which any person 
can be charged with a criminal offense, shall be fined under 
this title and imprisoned not less than 10 years or for life.
    (b) Travel With Intent To Engage in Illicit Sexual 
Conduct.--A person who travels in interstate commerce or 
travels into the United States, or a United States citizen or 
an alien admitted for permanent residence in the United States 
who travels in foreign commerce, for the purpose of engaging in 
any illicit sexual conduct with another person shall be fined 
under this title or imprisoned not more than 30 years, or both.
    (c) Engaging in Illicit Sexual Conduct in Foreign Places.--
Any United States citizen or alien admitted for permanent 
residence who travels in foreign commerce or resides, either 
temporarily or permanently, in a foreign country, and engages 
in any illicit sexual conduct with another person shall be 
fined under this title or imprisoned not more than 30 years, or 
both.
    (d) Ancillary Offenses.--Whoever, for the purpose of 
commercial advantage or private financial gain, arranges, 
induces, procures, or facilitates the travel of a person 
knowing that such a person is traveling in interstate commerce 
or foreign commerce for the purpose of engaging in illicit 
sexual conduct shall be fined under this title, imprisoned not 
more than 30 years, or both.
    (e) Attempt and Conspiracy.--Whoever attempts or conspires 
to violate subsection (a), (b), (c), or (d) shall be punishable 
in the same manner as a completed violation of that subsection.
    (f) Definition.--As used in this section, the term 
``illicit sexual conduct'' means (1) a sexual act (as defined 
in section 2246) with a person under 18 years of age that would 
be in violation of chapter 109A if the sexual act occurred in 
the special maritime and territorial jurisdiction of the United 
States; or (2) any commercial sex act (as defined in section 
1591) with a person under 18 years of age.
    (g) Defense.--In a prosecution under this section based on 
illicit sexual conduct as defined in subsection (f)(2), it is a 
defense, which the defendant must establish by [a preponderance 
of the evidence] clear and convincing evidence, that the 
defendant reasonably believed that the person with whom the 
defendant engaged in the commercial sex act had attained the 
age of 18 years.

           *       *       *       *       *       *       *


   CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND 
INTERCEPTION OF ORAL COMMUNICATIONS

           *       *       *       *       *       *       *


Sec. 2516. Authorization for interception of wire, oral, or electronic 
                    communications

    (1) The Attorney General, Deputy Attorney General, 
Associate Attorney General, or any Assistant Attorney General, 
any acting Assistant Attorney General, or any Deputy Assistant 
Attorney General or acting Deputy Assistant Attorney General in 
the Criminal Division or National Security Division specially 
designated by the Attorney General, may authorize an 
application to a Federal judge of competent jurisdiction for, 
and such judge may grant in conformity with section 2518 of 
this chapter an order authorizing or approving the interception 
of wire or oral communications by the Federal Bureau of 
Investigation, or a Federal agency having responsibility for 
the investigation of the offense as to which the application is 
made, when such interception may provide or has provided 
evidence of--
            (a) any offense punishable by death or by 
        imprisonment for more than one year under sections 2122 
        and 2274 through 2277 of title 42 of the United States 
        Code (relating to the enforcement of the Atomic Energy 
        Act of 1954), section 2284 of title 42 of the United 
        States Code (relating to sabotage of nuclear facilities 
        or fuel), or under the following chapters of this 
        title: chapter 10 (relating to biological weapons) 
        chapter 37 (relating to espionage), chapter 55 
        (relating to kidnapping), chapter 90 (relating to 
        protection of trade secrets), chapter 105 (relating to 
        sabotage), chapter 115 (relating to treason), chapter 
        102 (relating to riots), chapter 65 (relating to 
        malicious mischief), chapter 111 (relating to 
        destruction of vessels), or chapter 81 (relating to 
        piracy);
            (b) a violation of section 186 or section 501(c) of 
        title 29, United States Code (dealing with restrictions 
        on payments and loans to labor organizations), or any 
        offense which involves murder, kidnapping, robbery, or 
        extortion, and which is punishable under this title;
            (c) any offense which is punishable under the 
        following sections of this title: section 37 (relating 
        to violence at international airports), section 43 
        (relating to animal enterprise terrorism), section 81 
        (arson within special maritime and territorial 
        jurisdiction), section 201 (bribery of public officials 
        and witnesses), section 215 (relating to bribery of 
        bank officials), section 224 (bribery in sporting 
        contests), subsection (d), (e), (f), (g), (h), or (i) 
        of section 844 (unlawful use of explosives), section 
        1032 (relating to concealment of assets), section 1084 
        (transmission of wagering information), section 751 
        (relating to escape), section 832 (relating to nuclear 
        and weapons of mass destruction threats), section 842 
        (relating to explosive materials), section 930 
        (relating to possession of weapons in Federal 
        facilities), section 1014 (relating to loans and credit 
        applications generally; renewals and discounts), 
        section 1114 (relating to officers and employees of the 
        United States), section 1116 (relating to protection of 
        foreign officials),`` after ''section 1014 (relating to 
        loans and credit applications generally; renewals and 
        discounts), sections 1503, 1512, and 1513 (influencing 
        or injuring an officer, juror, or witness generally), 
        section 1510 (obstruction of criminal investigations), 
        section 1511 (obstruction of State or local law 
        enforcement), section 1591 (sex trafficking of children 
        by force, fraud, or coercion), section 1751 
        (Presidential and Presidential staff assassination, 
        kidnapping, and assault), section 1951 (interference 
        with commerce by threats or violence), section 1952 
        (interstate and foreign travel or transportation in aid 
        of racketeering enterprises), section 1958 (relating to 
        use of interstate commerce facilities in the commission 
        of murder for hire), section 1959 (relating to violent 
        crimes in aid of racketeering activity), section 1954 
        (offer, acceptance, or solicitation to influence 
        operations of employee benefit plan), section 1955 
        (prohibition of business enterprises of gambling), 
        section 1956 (laundering of monetary instruments), 
        section 1957 (relating to engaging in monetary 
        transactions in property derived from specified 
        unlawful activity), section 659 (theft from interstate 
        shipment), section 664 (embezzlement from pension and 
        welfare funds), section 1343 (fraud by wire, radio, or 
        television), section 1344 (relating to bank fraud), 
        section 1992 (relating to terrorist attacks against 
        mass transportation), sections 2251 and 2252 (sexual 
        exploitation of children), section 2251A (selling or 
        buying of children), section 2252A (relating to 
        material constituting or containing child pornography), 
        section 1466A (relating to child obscenity), section 
        2260 (production of sexually explicit depictions of a 
        minor for importation into the United States), sections 
        2421, 2422, 2423, and 2425 (relating to transportation 
        for illegal sexual activity and related 
        crimes),sections 2312, 2313, 2314, and 2315 (interstate 
        transportation of stolen property), section 2321 
        (relating to trafficking in certain motor vehicles or 
        motor vehicle parts), section 2340A (relating to 
        torture), section 1203 (relating to hostage taking), 
        section 1029 (relating to fraud and related activity in 
        connection with access devices), section 3146 (relating 
        to penalty for failure to appear), section 3521(b)(3) 
        (relating to witness relocation and assistance), 
        section 32 (relating to destruction of aircraft or 
        aircraft facilities), section 38 (relating to aircraft 
        parts fraud), section 1963 (violations with respect to 
        racketeer influenced and corrupt organizations), 
        section 115 (relating to threatening or retaliating 
        against a Federal official), section 1341 (relating to 
        mail fraud), a felony violation of section 1030 
        (relating to computer fraud and abuse), section 351 
        (violations with respect to congressional, Cabinet, or 
        Supreme Court assassinations, kidnapping, and assault), 
        section 831 (relating to prohibited transactions 
        involving nuclear materials), section 33 (relating to 
        destruction of motor vehicles or motor vehicle 
        facilities), section 175 (relating to biological 
        weapons), section 175c (relating to variola 
        virus)section 956 (conspiracy to harm persons or 
        property overseas),, section a felony violation of 
        section 1028 (relating to production of false 
        identification documentation), section 1425 (relating 
        to the procurement of citizenship or nationalization 
        unlawfully), section 1426 (relating to the reproduction 
        of naturalization or citizenship papers), section 1427 
        (relating to the sale of naturalization or citizenship 
        papers), section 1541 (relating to passport issuance 
        without authority), section 1542 (relating to false 
        statements in passport applications), section 1543 
        (relating to forgery or false use of passports), 
        section 1544 (relating to misuse of passports), or 
        section 1546 (relating to fraud and misuse of visas, 
        permits, and other documents), section 555 (relating to 
        construction or use of international border tunnels);
            (d) any offense involving counterfeiting punishable 
        under section 471, 472, or 473 of this title;
            (e) any offense involving fraud connected with a 
        case under title 11 or the manufacture, importation, 
        receiving, concealment, buying, selling, or otherwise 
        dealing in narcotic drugs, marihuana, or other 
        dangerous drugs, punishable under any law of the United 
        States;
            (f) any offense including extortionate credit 
        transactions under sections 892, 893, or 894 of this 
        title;
            (g) a violation of section 5322 of title 31, United 
        States Code (dealing with the reporting of currency 
        transactions), or section 5324 of title 31, United 
        States Code (relating to structuring transactions to 
        evade reporting requirement prohibited);
            (h) any felony violation of sections 2511 and 2512 
        (relating to interception and disclosure of certain 
        communications and to certain intercepting devices) of 
        this title;
            (i) any felony violation of chapter 71 (relating to 
        obscenity) of this title;
            (j) any violation of section 60123(b) (relating to 
        destruction of a natural gas pipeline,) section 46502 
        (relating to aircraft piracy), the second sentence of 
        section 46504 (relating to assault on a flight crew 
        with dangerous weapon), or section 46505(b)(3) or (c) 
        (relating to explosive or incendiary devices, or 
        endangerment of human life, by means of weapons on 
        aircraft) of title 49;
            (k) any criminal violation of section 2778 of title 
        22 (relating to the Arms Export Control Act);
            (l) the location of any fugitive from justice from 
        an offense described in this section;
            (m) a violation of section 274, 277, or 278 of the 
        Immigration and Nationality Act (8 U.S.C. 1324, 1327, 
        or 1328) (relating to the smuggling of aliens);
            (n) any felony violation of sections 922 and 924 of 
        title 18, United States Code (relating to firearms);
            (o) any violation of section 5861 of the Internal 
        Revenue Code of 1986 (relating to firearms);
            (p) a felony violation of section 1028 (relating to 
        production of false identification documents), section 
        1542 (relating to false statements in passport 
        applications), section 1546 (relating to fraud and 
        misuse of visas, permits, and other documents, section 
        1028A (relating to aggravated identity theft)) of this 
        title or a violation of section 274, 277, or 278 of the 
        Immigration and Nationality Act (relating to the 
        smuggling of aliens); or
            (q) any criminal violation of section 229 (relating 
        to chemical weapons) or section 2332, 2332a, 2332b, 
        2332d, 2332f, 2332g, 2332h 2339, 2339A, 2339B, 2339C, 
        or 2339D of this title (relating to terrorism);
            (r) any criminal violation of section 1 (relating 
        to illegal restraints of trade or commerce), 2 
        (relating to illegal monopolizing of trade or 
        commerce), or 3 (relating to illegal restraints of 
        trade or commerce in territories or the District of 
        Columbia) of the Sherman Act (15 U.S.C. 1, 2, 3);
            (s) any violation of section 670 (relating to theft 
        of medical products); or
            (t) any conspiracy to commit any offense described 
        in any subparagraph of this paragraph.
    (2) The principal prosecuting attorney of any State, or the 
principal prosecuting attorney of any political subdivision 
thereof, if such attorney is authorized by a statute of that 
State to make application to a State court judge of competent 
jurisdiction for an order authorizing or approving the 
interception of wire, oral, or electronic communications, may 
apply to such judge for, and such judge may grant in conformity 
with section 2518 of this chapter and with the applicable State 
statute an order authorizing, or approving the interception of 
wire, oral, or electronic communications by investigative or 
law enforcement officers having responsibility for the 
investigation of the offense as to which the application is 
made, when such interception may provide or has provided 
evidence of the commission of the offense of murder, 
kidnapping, human trafficking, child sexual exploitation, child 
pornography production, gambling, robbery, bribery, extortion, 
or dealing in narcotic drugs, marihuana or other dangerous 
drugs, or other crime dangerous to life, limb, or property, and 
punishable by imprisonment for more than one year, designated 
in any applicable State statute authorizing such interception, 
or any conspiracy to commit any of the foregoing offenses.
    (3) Any attorney for the Government (as such term is 
defined for the purposes of the Federal Rules of Criminal 
Procedure) may authorize an application to a Federal judge of 
competent jurisdiction for, and such judge may grant, in 
conformity with section 2518 of this title, an order 
authorizing or approving the interception of electronic 
communications by an investigative or law enforcement officer 
having responsibility for the investigation of the offense as 
to which the application is made, when such interception may 
provide or has provided evidence of any Federal felony.

           *       *       *       *       *       *       *


PART II--CRIMINAL PROCEDURE

           *       *       *       *       *       *       *


                   CHAPTER 237--CRIME VICTIMS' RIGHTS

Sec. 3771. Crime victims' rights

    (a) Rights of Crime Victims.--A crime victim has the 
following rights:
            (1) The right to be reasonably protected from the 
        accused.
            (2) The right to reasonable, accurate, and timely 
        notice of any public court proceeding, or any parole 
        proceeding, involving the crime or of any release or 
        escape of the accused.
            (3) The right not to be excluded from any such 
        public court proceeding, unless the court, after 
        receiving clear and convincing evidence, determines 
        that testimony by the victim would be materially 
        altered if the victim heard other testimony at that 
        proceeding.
            (4) The right to be reasonably heard at any public 
        proceeding in the district court involving release, 
        plea, sentencing, or any parole proceeding.
            (5) The reasonable right to confer with the 
        attorney for the Government in the case.
            (6) The right to full and timely restitution as 
        provided in law.
            (7) The right to proceedings free from unreasonable 
        delay.
            (8) The right to be treated with fairness and with 
        respect for the victim's dignity and privacy.
            (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.
    (b) Rights Afforded.--
            (1) In general.--In any court proceeding involving 
        an offense against a crime victim, the court shall 
        ensure that the crime victim is afforded the rights 
        described in subsection (a). Before making a 
        determination described in subsection (a)(3), the court 
        shall make every effort to permit the fullest 
        attendance possible by the victim and shall consider 
        reasonable alternatives to the exclusion of the victim 
        from the criminal proceeding. The reasons for any 
        decision denying relief under this chapter shall be 
        clearly stated on the record.
            (2) Habeas corpus proceedings.--
                    (A) In general.--In a Federal habeas corpus 
                proceeding arising out of a State conviction, 
                the court shall ensure that a crime victim is 
                afforded the rights described in paragraphs 
                (3), (4), (7), and (8) of subsection (a).
                    (B) Enforcement.--
                            (i) In general.--These rights may 
                        be enforced by the crime victim or the 
                        crime victim's lawful representative in 
                        the manner described in paragraphs (1) 
                        and (3) of subsection (d).
                            (ii) Multiple victims.--In a case 
                        involving multiple victims, subsection 
                        (d)(2) shall also apply.
                    (C) Limitation.--This paragraph relates to 
                the duties of a court in relation to the rights 
                of a crime victim in Federal habeas corpus 
                proceedings arising out of a State conviction, 
                and does not give rise to any obligation or 
                requirement applicable to personnel of any 
                agency of the Executive Branch of the Federal 
                Government.
                    (D) Definition.--For purposes of this 
                paragraph, the term ``crime victim'' means the 
                person against whom the State offense is 
                committed or, if that person is killed or 
                incapacitated, that person's family member or 
                other lawful representative.
    (c) Best Efforts To Accord Rights.--
            (1) Government.--Officers and employees of the 
        Department of Justice and other departments and 
        agencies of the United States engaged in the detection, 
        investigation, or prosecution of crime shall make their 
        best efforts to see that crime victims are notified of, 
        and accorded, the rights described in subsection (a).
            (2) Advice of attorney.--The prosecutor shall 
        advise the crime victim that the crime victim can seek 
        the advice of an attorney with respect to the rights 
        described in subsection (a).
            (3) Notice.--Notice of release otherwise required 
        pursuant to this chapter shall not be given if such 
        notice may endanger the safety of any person.
    (d) Enforcement and Limitations.--
            (1) Rights.--The crime victim or the crime victim's 
        lawful representative, and the attorney for the 
        Government may assert the rights described in 
        subsection (a). A person accused of the crime may not 
        obtain any form of relief under this chapter.
            (2) Multiple crime victims.--In a case where the 
        court finds that the number of crime victims makes it 
        impracticable to accord all of the crime victims the 
        rights described in subsection (a), the court shall 
        fashion a reasonable procedure to give effect to this 
        chapter that does not unduly complicate or prolong the 
        proceedings.
            (3) Motion for relief and writ of mandamus.--The 
        rights described in subsection (a) shall be asserted in 
        the district court in which a defendant is being 
        prosecuted for the crime or, if no prosecution is 
        underway, in the district court in the district in 
        which the crime occurred. The district court shall take 
        up and decide any motion asserting a victim's right 
        forthwith. If the district court denies the relief 
        sought, the movant may petition the court of appeals 
        for a writ of mandamus. The court of appeals may issue 
        the writ on the order of a single judge pursuant to 
        circuit rule or the Federal Rules of Appellate 
        Procedure. The court of appeals shall take up and 
        decide such application forthwith within 72 hours after 
        the petition has been filed, unless the litigants, with 
        the approval of the court, have stipulated to a 
        different time period for consideration. In deciding 
        such application, the court of appeals shall apply 
        ordinary standards of appellate review. In no event 
        shall proceedings be stayed or subject to a continuance 
        of more than five days for purposes of enforcing this 
        chapter. If the court of appeals denies the relief 
        sought, the reasons for the denial shall be clearly 
        stated on the record in a written opinion.
            (4) Error.--In any appeal in a criminal case, the 
        Government may assert as error the district court's 
        denial of any crime victim's right in the proceeding to 
        which the appeal relates.
            (5) Limitation on relief.--In no case shall a 
        failure to afford a right under this chapter provide 
        grounds for a new trial. A victim may make a motion to 
        re-open a plea or sentence only if--
                    (A) the victim has asserted the right to be 
                heard before or during the proceeding at issue 
                and such right was denied;
                    (B) the victim petitions the court of 
                appeals for a writ of mandamus within 14 days; 
                and
                    (C) in the case of a plea, the accused has 
                not pled to the highest offense charged.
        This paragraph does not affect the victim's right to 
        restitution as provided in title 18, United States 
        Code.
            (6) No cause of action.--Nothing in this chapter 
        shall be construed to authorize a cause of action for 
        damages or to create, to enlarge, or to imply any duty 
        or obligation to any victim or other person for the 
        breach of which the United States or any of its 
        officers or employees could be held liable in damages. 
        Nothing in this chapter shall be construed to impair 
        the prosecutorial discretion of the Attorney General or 
        any officer under his direction.
    (e) Definitions.--For the purposes of [this chapter, the 
term] 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 ``crime victim'' 
                means a person directly and proximately harmed 
                as a result of the commission of a Federal 
                offense or an offense in the District of 
                Columbia. [In the case]
                    (B) Minors and certain other victims._In 
                the case of a crime victim who is under 18 
                years of age, incompetent, incapacitated, or 
                deceased, the legal guardians of the crime 
                victim or the representatives of the crime 
                victim's estate, family members, or any other 
                persons appointed as suitable by the court, may 
                assume the crime victim's rights under this 
                chapter, but in no event shall the defendant be 
                named as such guardian or representative.
            (3) District court; court.--The terms ``district 
        court'' and ``court'' include the Superior Court of the 
        District of Columbia.
    (f) Procedures To Promote Compliance.--
            (1) Regulations.--Not later than 1 year after the 
        date of enactment of this chapter, the Attorney General 
        of the United States shall promulgate regulations to 
        enforce the rights of crime victims and to ensure 
        compliance by responsible officials with the 
        obligations described in law respecting crime victims.
            (2) Contents.--The regulations promulgated under 
        paragraph (1) shall--
                    (A) designate an administrative authority 
                within the Department of Justice to receive and 
                investigate complaints relating to the 
                provision or violation of the rights of a crime 
                victim;
                    (B) require a course of training for 
                employees and offices of the Department of 
                Justice that fail to comply with provisions of 
                Federal law pertaining to the treatment of 
                crime victims, and otherwise assist such 
                employees and offices in responding more 
                effectively to the needs of crime victims;
                    (C) contain disciplinary sanctions, 
                including suspension or termination from 
                employment, for employees of the Department of 
                Justice who willfully or wantonly fail to 
                comply with provisions of Federal law 
                pertaining to the treatment of crime victims; 
                and
                    (D) provide that the Attorney General, or 
                the designee of the Attorney General, shall be 
                the final arbiter of the complaint, and that 
                there shall be no judicial review of the final 
                decision of the Attorney General by a 
                complainant.
                              ----------                              


             SECTION 3702 OF THE CRIME CONTROL ACT OF 1990

SEC. 3702. STATE REQUIREMENTS.

     Each State reporting under the provisions of this title 
shall--
            (1) ensure that no law enforcement agency within 
        the State establishes or maintains any policy that 
        requires the observance of any waiting period before 
        accepting a missing child or unidentified person 
        report;
            (2) ensure that no law enforcement agency within 
        the State establishes or maintains any policy that 
        requires the removal of a missing person entry from its 
        State law enforcement system or the National Crime 
        Information Center computer database based solely on 
        the age of the person; [and]
            (3) provide that each such report and all necessary 
        and available information, which, with respect to each 
        missing child report, shall include--
                    (A) the name, date of birth, sex, race, 
                height, weight, and eye and hair color of the 
                child;
                    (B) the date and location of the last known 
                contact with the child; and
                    (C) the category under which the child is 
                reported missing;
         is entered within 2 hours of receipt into the State 
        law enforcement system and the National Crime 
        Information Center computer networks and made available 
        to the Missing Children Information Clearinghouse 
        within the State or other agency designated within the 
        State to receive such reports; and
            (4) provide that after receiving reports as 
        provided in paragraph [(2)] (3), the law enforcement 
        agency that entered the report into the National Crime 
        Information Center shall--
                    (A) no later than 60 days after the 
                original entry of the record into the State law 
                enforcement system and National Crime 
                Information Center computer networks, verify 
                and update such record with any additional 
                information, including, where available, 
                medical and dental records and a photograph 
                taken within the previous 180 days;
                    (B) institute or assist with appropriate 
                search and investigative procedures; [and]
                    (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
                    [(C)] (D) maintain close liaison with the 
                National Center for Missing and Exploited 
                Children for the exchange of information and 
                technical assistance in the missing children 
                cases.

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