S. 178 — what changed
Justice for Victims of Trafficking Act of 2015
From Reported in Senate to Engrossed in Senate. 61 added and 14 removed between Reported in Senate and Engrossed in Senate.
2. Domestic Trafficking Victims' Fund
removed
removed
“3014. Additional special assessment
removed
“(a) In general—In addition to the assessment imposed under section 3013, the court shall assess an amount of $5,000 on any non-indigent person or entity convicted of an offense under—
removed
“(1) chapter 77 (relating to peonage, slavery, and trafficking in persons);
removed
“(2) chapter 109A (relating to sexual abuse);
removed
“(3) chapter 110 (relating to sexual exploitation and other abuse of children);
removed
“(4) chapter 117 (relating to transportation for illegal sexual activity and related crimes); or
removed
“(5) section 274 of the Immigration and Nationality Act (8 U.S.C. 1324) (relating to human smuggling), unless the person induced, assisted, abetted, or aided only an individual who at the time of such action was the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.
removed
“(b) Satisfaction of other court-Ordered obligations—An assessment under subsection (a) shall not be payable until the person subject to the assessment has satisfied all outstanding court-ordered fines and orders of restitution arising from the criminal convictions on which the special assessment is based.
removed
“(c) Establishment of Domestic Trafficking Victims' Fund—There is established in the Treasury of the United States a fund, to be known as the “Domestic Trafficking Victims' Fund” (referred to in this section as the Fund), to be administered by the Attorney General, in consultation with the Secretary of Homeland Security and the Secretary of Health and Human Services.
removed
“(d) Deposits—Notwithstanding section 3302 of title 31, or any other law regarding the crediting of money received for the Government, there shall be deposited in the Fund an amount equal to the amount of the assessments collected under this section, which shall remain available until expended.
removed
“(e) Use of funds
removed
“(1) In general—From amounts in the Fund, in addition to any other amounts available, and without further appropriation, the Attorney General, in coordination with the Secretary of Health and Human Services shall, for each of fiscal years 2016 through 2020, use amounts available in the Fund to award grants or enhance victims' programming under—
removed
“(A) sections 202, 203, and 204 of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044a, 14044b, and 14044c);
removed
“(B) subsections (b)(2) and (f) of section 107 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105); and
removed
“(C) section 214(b) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13002(b)).
removed
“(2) Grants—Of the amounts in the Fund used under paragraph (1), not less than $2,000,000 shall be used for grants to provide services for child pornography victims under section 214(b) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13002(b)).
removed
“(3) Limitations—Amounts in the Fund, or otherwise transferred from the Fund, shall be subject to the limitations on the use or expending of amounts described in sections 506 and 507 of division H of the Consolidated Appropriations Act, 2014 (Public Law 113–76; 128 Stat. 409) to the same extent as if amounts in the Fund were funds appropriated under division H of such Act.
removed
“(f) Transfers
removed
“(1) In general—Effective on the day after the date of enactment of the Justice for Victims of Trafficking Act of 2015, on September 30 of each fiscal year, all unobligated balances in the Fund shall be transferred to the Crime Victims Fund established under section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601).
removed
“(2) Availability—Amounts transferred under paragraph (1)—
removed
“(A) shall be available for any authorized purpose of the Crime Victims Fund; and
removed
“(B) shall remain available until expended.
removed
“(g) Collection method—The amount assessed under subsection (a) shall, subject to subsection (b), be collected in the manner that fines are collected in criminal cases.
removed
“(h) Duration of obligation—The obligation to pay an assessment imposed on or after the date of enactment of the Justice for Victims of Trafficking Act of 2015 shall not cease until the assessment is paid in full.”
3. Official recognition of American victims of human trafficking
removed
removed
Section 107 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105) is amended—
removed
“(4) Official recognition of american victims of human trafficking
removed
“(A) In general—Upon receiving credible information that establishes, by a preponderance of the evidence, that a covered individual is a victim of a severe form of trafficking and at the request of the covered individual, the Secretary of Health and Human Services shall promptly issue a determination that the covered individual is a victim of a severe form of trafficking. The Secretary shall have exclusive authority to make such a determination.
removed
“(B) Covered individual defined—In this subsection, the term covered individual means—
removed
“(i) a citizen of the United States; or
removed
“(ii) an alien lawfully admitted for permanent residence (as defined in section 101(20) of the Immigration and Nationality Act (8 U.S.C. 1101(20))).
removed
“(C) Procedure—For purposes of this paragraph, in determining whether a covered individual has provided credible information that the covered individual is a victim of a severe form of trafficking, the Secretary of Health and Human Services shall consider all relevant and credible evidence, and if appropriate, consult with the Attorney General, the Secretary of Homeland Security, or the Secretary of Labor.
removed
“(D) Presumptive evidence—For purposes of this paragraph, the following forms of evidence shall receive deference in determining whether a covered individual has established that the covered individual is a victim of a severe form of trafficking:
removed
“(i) A sworn statement by the covered individual or a representative of the covered individual if the covered individual is present at the time of such statement but not able to competently make such sworn statement.
removed
“(ii) Police, government agency, or court records or files.
removed
“(iii) Documentation from a social services, trafficking, or domestic violence program, child welfare or runaway and homeless youth program, or a legal, clinical, medical, or other professional from whom the covered individual has sought assistance in dealing with the crime.
removed
“(iv) A statement from any other individual with knowledge of the circumstances that provided the basis for the claim.
removed
“(v) Physical evidence.
removed
“(E) Regulations required—Not later than 18 months after the date of enactment of the Justice for Victims of Trafficking Act of 2015, the Secretary of Health and Human Services shall adopt regulations to implement this paragraph.
removed
“(F) Rule of construction; official recognition optional—Nothing in this paragraph may be construed to require a covered individual to obtain a determination under this paragraph in order to be defined or classified as a victim of a severe form of trafficking under this section.”
4. Victim-centered child human trafficking deterrence block grant program
removed
removed
“203. Victim-centered child human trafficking deterrence block grant program
removed
“(a) Grants authorized—The Attorney General may award block grants to an eligible entity to develop, improve, or expand domestic child human trafficking deterrence programs that assist law enforcement officers, prosecutors, judicial officials, and qualified victims' services organizations in collaborating to rescue and restore the lives of victims, while investigating and prosecuting offenses involving child human trafficking.
removed
“(b) Authorized activities—Grants awarded under subsection (a) may be used for—
removed
“(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—
removed
“(A) identify victims and acts of child human trafficking;
removed
“(B) address the unique needs of child victims of human trafficking;
removed
“(C) facilitate the rescue of child victims of human trafficking;
removed
“(D) investigate and prosecute acts of human trafficking, including the soliciting, patronizing, or purchasing of commercial sex acts from children, as well as training to build cases against complex criminal networks involved in child human trafficking;
removed
“(E) use laws that prohibit acts of child human trafficking, child sexual abuse, and child rape, and to assist in the development of State and local laws to prohibit, investigate, and prosecute acts of child human trafficking; and
removed
“(F) implement and provide education on safe harbor laws enacted by States, aimed at preventing the criminalization and prosecution of child sex trafficking victims for prostitution offenses;
removed
“(2) the establishment or enhancement of dedicated anti-trafficking law enforcement units and task forces to investigate child human trafficking offenses and to rescue victims, including—
removed
“(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;
removed
“(B) investigation expenses for cases involving child human trafficking, including—
removed
“(i) wire taps;
removed
“(ii) consultants with expertise specific to cases involving child human trafficking;
removed
“(iii) travel; and
removed
“(iv) other technical assistance expenditures;
removed
“(C) dedicated anti-trafficking prosecution units, including the funding of salaries for State and local prosecutors, including assisting in paying trial expenses for prosecution of child human trafficking offenders, except that the percentage of the total salary of a State or local prosecutor that is paid using an award under this section shall be not more than the percentage of the total number of hours worked by the prosecutor that is spent working on cases involving child human trafficking;
removed
“(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—
removed
“(i) child advocacy centers;
removed
“(ii) social service agencies;
removed
“(iii) State governmental health service agencies;
removed
“(iv) housing agencies;
removed
“(v) legal services agencies; and
removed
“(vi) nongovernmental organizations and shelter service providers with substantial experience in delivering wrap-around services to victims of child human trafficking; and
removed
“(E) the establishment or enhancement of other necessary victim assistance programs or personnel, such as victim or child advocates, child-protective services, child forensic interviews, or other necessary service providers; and
removed
“(3) the establishment or enhancement of problem solving court programs for trafficking victims that include—
removed
“(A) mandatory and regular training requirements for judicial officials involved in the administration or operation of the court program described under this paragraph;
removed
“(B) continuing judicial supervision of victims of child human trafficking who have been identified by a law enforcement or judicial officer as a potential victim of child human trafficking, regardless of whether the victim has been charged with a crime related to human trafficking;
removed
“(C) the development of a specialized and individualized, court-ordered treatment program for identified victims of child human trafficking, including—
removed
“(i) State-administered outpatient treatment;
removed
“(ii) life skills training;
removed
“(iii) housing placement;
removed
“(iv) vocational training;
removed
“(v) education;
removed
“(vi) family support services; and
removed
“(vii) job placement;
removed
“(D) centralized case management involving the consolidation of all of each child human trafficking victim’s cases and offenses, and the coordination of all trafficking victim treatment programs and social services;
removed
“(E) regular and mandatory court appearances by the victim during the duration of the treatment program for purposes of ensuring compliance and effectiveness;
removed
“(F) the ultimate dismissal of relevant non-violent criminal charges against the victim, where such victim successfully complies with the terms of the court-ordered treatment program; and
removed
“(G) collaborative efforts with child advocacy centers, child welfare agencies, shelters, and nongovernmental organizations with substantial experience in delivering wrap-around services to victims of child human trafficking to provide services to victims and encourage cooperation with law enforcement.
removed
“(c) Application
removed
“(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.
removed
“(2) Required information—An application submitted under this subsection shall—
removed
“(A) describe the activities for which assistance under this section is sought;
removed
“(B) include a detailed plan for the use of funds awarded under the grant;
removed
“(C) provide such additional information and assurances as the Attorney General determines to be necessary to ensure compliance with the requirements of this section; and
removed
“(D) disclose—
removed
“(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
removed
“(ii) any other such grant funding that the eligible entity has received during the 5-year period ending on the date of the submission of an application under this section.
removed
“(3) Preference—In reviewing applications submitted in accordance with paragraphs (1) and (2), the Attorney General shall give preference to grant applications if—
removed
“(A) the application includes a plan to use awarded funds to engage in all activities described under paragraphs (1) through (3) of subsection (b); or
removed
“(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.
removed
“(d) Duration and renewal of award
removed
“(1) In general—A grant under this section shall expire 3 years after the date of award of the grant.
removed
“(2) Renewal—A grant under this section shall be renewable not more than 2 times and for a period of not greater than 2 years.
removed
“(e) Evaluation—The Attorney General shall—
removed
“(1) enter into a contract with a nongovernmental organization, including an academic or nonprofit organization, that has experience with issues related to child human trafficking and evaluation of grant programs to conduct periodic evaluations of grants made under this section to determine the impact and effectiveness of programs funded with grants awarded under this section; and
removed
“(2) submit the results of any evaluation conducted pursuant to paragraph (1) to—
removed
“(A) the Committee on the Judiciary of the Senate; and
removed
“(B) the Committee on the Judiciary of the House of Representatives.
removed
“(f) Mandatory exclusion—An eligible entity awarded funds under this section that is found to have used grant funds for any unauthorized expenditure or otherwise unallowable cost shall not be eligible for any grant funds awarded under the block grant for 2 fiscal years following the year in which the unauthorized expenditure or unallowable cost is reported.
removed
“(g) Compliance requirement—An eligible entity shall not be eligible to receive a grant under this section if within the 5 fiscal years before submitting an application for a grant under this section, the grantee has been found to have violated the terms or conditions of a Government grant program by utilizing grant funds for unauthorized expenditures or otherwise unallowable costs.
removed
“(h) Administrative cap—The cost of administering the grants authorized by this section shall not exceed 5 percent of the total amount expended to carry out this section.
removed
“(i) Federal share—The Federal share of the cost of a program funded by a grant awarded under this section shall be—
removed
“(1) 70 percent in the first year;
removed
“(2) 60 percent in the second year; and
removed
“(3) 50 percent in the third year, and in all subsequent years.
removed
“(j) Authorization of funding; fully offset—For purposes of carrying out this section, the Attorney General, in consultation with the Secretary of Health and Human Services, is authorized to award not more than $7,000,000 of the funds available in the Domestic Trafficking Victims’ Fund, established under section 3014 of title 18, United States Code, for each of fiscal years 2016 through 2020.
removed
“(k) Definitions—In this section—
removed
“(1) the term child means a person under the age of 18;
removed
“(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.);
removed
“(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
removed
“(4) the term eligible entity means a State or unit of local government that—
removed
“(A) has significant criminal activity involving child human trafficking;
removed
“(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;
removed
“(C) has developed a workable, multi-disciplinary plan to combat child human trafficking, including—
removed
“(i) the establishment of a shelter for victims of child human trafficking, through existing or new facilities;
removed
“(ii) the provision of trauma-informed, gender-responsive rehabilitative care to victims of child human trafficking;
removed
“(iii) the provision of specialized training for law enforcement officers and social service providers for all forms of human trafficking, with a focus on domestic child human trafficking;
removed
“(iv) prevention, deterrence, and prosecution of offenses involving child human trafficking, including soliciting, patronizing, or purchasing human acts with children;
removed
“(v) cooperation or referral agreements with organizations providing outreach or other related services to runaway and homeless youth;
removed
“(vi) law enforcement protocols or procedures to screen all individuals arrested for prostitution, whether adult or child, for victimization by sex trafficking and by other crimes, such as sexual assault and domestic violence; and
removed
“(vii) cooperation or referral agreements with State child welfare agencies and child advocacy centers; and
removed
“(D) provides an assurance that, under the plan under subparagraph (C), a victim of child human trafficking shall not be required to collaborate with law enforcement officers to have access to any shelter or services provided with a grant under this section.
removed
“(l) Grant accountability; specialized victims’ service requirement—No grant funds under this section may be awarded or transferred to any entity unless such entity has demonstrated substantial experience providing services to victims of human trafficking or related populations (such as runaway and homeless youth), or employs staff specialized in the treatment of human trafficking victims.”
5. Direct services for victims of child pornography
removed
removed
The Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.) is amended—
removed
“(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.”
6. Increasing compensation and restitution for trafficking victims
removed
removed
“(f) Transfer of forfeited assets
removed
“(1) In general—Notwithstanding any other provision of law, the Attorney General shall transfer assets forfeited pursuant to this section, or the proceeds derived from the sale thereof, to satisfy victim restitution orders arising from violations of this chapter.
removed
“(2) Priority—Transfers pursuant to paragraph (1) shall have priority over any other claims to the assets or their proceeds.
removed
“(3) Use of non-forfeited assets—Transfers pursuant to paragraph (1) shall not reduce or otherwise mitigate the obligation of a person convicted of a violation of this chapter to satisfy the full amount of a restitution order through the use of non-forfeited assets or to reimburse the Attorney General for the value of assets or proceeds transferred under this subsection through the use of non-forfeited assets.”
removed
“(v) U.S. Immigration and Customs Enforcement with respect to a violation of chapter 77 of title 18 (relating to human trafficking);”
7. Streamlining human trafficking investigations
removed
removed
Section 2516 of title 18, United States Code, is amended—
8. Enhancing human trafficking reporting
removed
removed
“(i) Part 1 violent crimes To include human trafficking—For purposes of this section, the term part 1 violent crimes shall include severe forms of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)).”
removed
“(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”
9. Reducing demand for sex trafficking
removed10. Using existing task forces and components to target offenders who exploit children
removed
removed
Not later than 180 days after the date of enactment of this Act, the Attorney General shall ensure that—
11. Targeting child predators
removed
removed
“(1) a”
removed
“(2) any”
removed
“(3) production of child pornography (as defined in section 2256(8)).”
12. Monitoring all human traffickers as violent criminals
removed
removed
Section 3156(a)(4)(C) of title 18, United States Code, is amended by inserting “77,” after “chapter”.
13. Crime victims' rights
removed
removed
“(9) The right to be informed in a timely manner of any plea bargain or deferred prosecution agreement.
removed
“(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.”
removed
“(1) Court of appeals—The term court of appeals means—
removed
“(A) the United States court of appeals for the judicial district in which a defendant is being prosecuted; or
removed
“(B) for a prosecution in the Superior Court of the District of Columbia, the District of Columbia Court of Appeals.
removed
“(2) Crime victim
removed
“(A) In general—The term”
removed
“(B) Minors and certain other victims—In the case”
removed
“(3) District court; court—The terms district court and court include the Superior Court of the District of Columbia.”
14. Combat Human Trafficking Act
removed15. Grant accountability
removed101. Domestic Trafficking Victims' Fund
addedadded “3014. Additional special assessment
added “(a) In general—Beginning on the date of enactment of the Justice for Victims of Trafficking Act of 2015 and ending on September 30, 2019, in addition to the assessment imposed under section 3013, the court shall assess an amount of $5,000 on any non-indigent person or entity convicted of an offense under—
added “(1) chapter 77 (relating to peonage, slavery, and trafficking in persons);
added “(2) chapter 109A (relating to sexual abuse);
added “(3) chapter 110 (relating to sexual exploitation and other abuse of children);
added “(4) chapter 117 (relating to transportation for illegal sexual activity and related crimes); or
added “(5) section 274 of the Immigration and Nationality Act (8 U.S.C. 1324) (relating to human smuggling), unless the person induced, assisted, abetted, or aided only an individual who at the time of such action was the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.
added “(b) Satisfaction of other court-Ordered obligations—An assessment under subsection (a) shall not be payable until the person subject to the assessment has satisfied all outstanding court-ordered fines, orders of restitution, and any other obligation related to victim-compensation arising from the criminal convictions on which the special assessment is based.
added “(c) Establishment of Domestic Trafficking Victims' Fund—There is established in the Treasury of the United States a fund, to be known as the “Domestic Trafficking Victims' Fund” (referred to in this section as the Fund), to be administered by the Attorney General, in consultation with the Secretary of Homeland Security and the Secretary of Health and Human Services.
added “(d) Transfers—In a manner consistent with section 3302(b) of title 31, there shall be transferred to the Fund from the General Fund of the Treasury an amount equal to the amount of the assessments collected under this section, which shall remain available until expended.
added “(e) Use of funds
added “(1) In general—From amounts in the Fund, in addition to any other amounts available, and without further appropriation, the Attorney General, in coordination with the Secretary of Health and Human Services shall, for each of fiscal years 2016 through 2019, use amounts available in the Fund to award grants or enhance victims' programming under—
added “(A) section 204 of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044c);
added “(B) subsections (b)(2) and (f) of section 107 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105); and
added “(C) section 214(b) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13002(b)).
added “(2) Limitation—Except as provided in subsection (h)(2), none of the amounts in the Fund may be used to provide health care or medical items or services.
added “(f) Collection method—The amount assessed under subsection (a) shall, subject to subsection (b), be collected in the manner that fines are collected in criminal cases.
added “(g) Duration of obligation—Subject to section 3613(b), the obligation to pay an assessment imposed on or after the date of enactment of the Justice for Victims of Trafficking Act of 2015 shall not cease until the assessment is paid in full.
added “(h) Health or medical services
added “(1) Transfer of funds—From amounts appropriated under section 10503(b)(1)(E) of the Patient Protection and Affordable Care Act (42 U.S.C. 254b–2(b)(1)(E)), as amended by section 221 of the Medicare Access and CHIP Reauthorization Act of 2015, there shall be transferred to the Fund an amount equal to the amount transferred under subsection (d) for each fiscal year, except that the amount transferred under this paragraph shall not be less than $5,000,000 or more than $30,000,000 in each such fiscal year, and such amounts shall remain available until expended.
added “(2) Use of funds—The Attorney General, in coordination with the Secretary of Health and Human Services, shall use amounts transferred to the Fund under paragraph (1) to award grants that may be used for the provision of health care or medical items or services to victims of trafficking under—
added “(A) sections 202, 203, and 204 of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044a, 14044b, and 14044c);
added “(B) subsections (b)(2) and (f) of section 107 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105); and
added “(C) section 214(b) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13002(b)).
added “(3) Grants—Of the amounts in the Fund used under paragraph (1), not less than $2,000,000, if such amounts are available in the Fund during the relevant fiscal year, shall be used for grants to provide services for child pornography victims under section 214(b) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13002(b)).
added “(4) Application of provision—The application of the provisions of section 221(c) of the Medicare Access and CHIP Reauthorization Act of 2015 shall continue to apply to the amounts transferred pursuant to paragraph (1).”
102. Clarifying the benefits and protections offered to domestic victims of human trafficking
addedadded Section 107(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)) is amended—
added “(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.”
103. Victim-centered child human trafficking deterrence block grant program
addedadded “203. Victim-centered child human trafficking deterrence block grant program
added “(a) Grants authorized—The Attorney General may award block grants to an eligible entity to develop, improve, or expand domestic child human trafficking deterrence programs that assist law enforcement officers, prosecutors, judicial officials, and qualified victims' services organizations in collaborating to rescue and restore the lives of victims, while investigating and prosecuting offenses involving child human trafficking.
added “(b) Authorized activities—Grants awarded under subsection (a) may be used for—
added “(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—
added “(A) identify victims and acts of child human trafficking;
added “(B) address the unique needs of child victims of human trafficking;
added “(C) facilitate the rescue of child victims of human trafficking;
added “(D) investigate and prosecute acts of human trafficking, including the soliciting, patronizing, or purchasing of commercial sex acts from children, as well as training to build cases against complex criminal networks involved in child human trafficking; and
added “(E) utilize, implement, and provide education on safe harbor laws enacted by States, aimed at preventing the criminalization and prosecution of child sex trafficking victims for prostitution offenses, and other laws aimed at the investigation and prosecution of child human trafficking;
added “(2) the establishment or enhancement of dedicated anti-trafficking law enforcement units and task forces to investigate child human trafficking offenses and to rescue victims, including—
added “(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;
added “(B) investigation expenses for cases involving child human trafficking, including—
added “(i) wire taps;
added “(ii) consultants with expertise specific to cases involving child human trafficking;
added “(iii) travel; and
added “(iv) other technical assistance expenditures;
added “(C) dedicated anti-trafficking prosecution units, including the funding of salaries for State and local prosecutors, including assisting in paying trial expenses for prosecution of child human trafficking offenders, except that the percentage of the total salary of a State or local prosecutor that is paid using an award under this section shall be not more than the percentage of the total number of hours worked by the prosecutor that is spent working on cases involving child human trafficking;
added “(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—
added “(i) child advocacy centers;
added “(ii) social service agencies;
added “(iii) State governmental health service agencies;
added “(iv) housing agencies;
added “(v) legal services agencies; and
added “(vi) nongovernmental organizations and shelter service providers with substantial experience in delivering wrap-around services to victims of child human trafficking; and
added “(E) the establishment or enhancement of other necessary victim assistance programs or personnel, such as victim or child advocates, child-protective services, child forensic interviews, or other necessary service providers;
added “(3) activities of law enforcement agencies to find homeless and runaway youth, including salaries and associated expenses for retired Federal law enforcement officers assisting the law enforcement agencies in finding homeless and runaway youth; and
added “(4) the establishment or enhancement of problem solving court programs for trafficking victims that include—
added “(A) mandatory and regular training requirements for judicial officials involved in the administration or operation of the court program described under this paragraph;
added “(B) continuing judicial supervision of victims of child human trafficking, including case worker or child welfare supervision in collaboration with judicial officers, 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;
added “(C) the development of a specialized and individualized, court-ordered treatment program for identified victims of child human trafficking, including—
added “(i) State-administered outpatient treatment;
added “(ii) life skills training;
added “(iii) housing placement;
added “(iv) vocational training;
added “(v) education;
added “(vi) family support services; and
added “(vii) job placement;
added “(D) centralized case management involving the consolidation of all of each child human trafficking victim’s cases and offenses, and the coordination of all trafficking victim treatment programs and social services;
added “(E) regular and mandatory court appearances by the victim during the duration of the treatment program for purposes of ensuring compliance and effectiveness;
added “(F) the ultimate dismissal of relevant non-violent criminal charges against the victim, where such victim successfully complies with the terms of the court-ordered treatment program; and
added “(G) collaborative efforts with child advocacy centers, child welfare agencies, shelters, and nongovernmental organizations with substantial experience in delivering wrap-around services to victims of child human trafficking to provide services to victims and encourage cooperation with law enforcement.
added “(c) Application
added “(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.
added “(2) Required information—An application submitted under this subsection shall—
added “(A) describe the activities for which assistance under this section is sought;
added “(B) include a detailed plan for the use of funds awarded under the grant;
added “(C) provide such additional information and assurances as the Attorney General determines to be necessary to ensure compliance with the requirements of this section; and
added “(D) disclose—
added “(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
added “(ii) any other such grant funding that the eligible entity has received during the 5-year period ending on the date of the submission of an application under this section.
added “(3) Preference—In reviewing applications submitted in accordance with paragraphs (1) and (2), the Attorney General shall give preference to grant applications if—
added “(A) the application includes a plan to use awarded funds to engage in all activities described under paragraphs (1) through (3) of subsection (b); or
added “(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.
added “(4) Eligible entities soliciting data on child human trafficking—No eligible entity shall be disadvantaged in being awarded a grant under subsection (a) on the grounds that the eligible entity has only recently begun soliciting data on child human trafficking.
added “(d) Duration and renewal of award
added “(1) In general—A grant under this section shall expire 3 years after the date of award of the grant.
added “(2) Renewal—A grant under this section shall be renewable not more than 2 times and for a period of not greater than 2 years.
added “(e) Evaluation—The Attorney General shall—
added “(1) enter into a contract with a nongovernmental organization, including an academic or nonprofit organization, that has experience with issues related to child human trafficking and evaluation of grant programs to conduct periodic evaluations of grants made under this section to determine the impact and effectiveness of programs funded with grants awarded under this section;
added “(2) instruct the Inspector General of the Department of Justice to review evaluations issued under paragraph (1) to determine the methodological and statistical validity of the evaluations; and
added “(3) submit the results of any evaluation conducted pursuant to paragraph (1) to—
added “(A) the Committee on the Judiciary of the Senate; and
added “(B) the Committee on the Judiciary of the House of Representatives.
added “(f) Mandatory exclusion—An eligible entity awarded funds under this section that is found to have used grant funds for any unauthorized expenditure or otherwise unallowable cost shall not be eligible for any grant funds awarded under the block grant for 2 fiscal years following the year in which the unauthorized expenditure or unallowable cost is reported.
added “(g) Compliance requirement—An eligible entity shall not be eligible to receive a grant under this section if within the 5 fiscal years before submitting an application for a grant under this section, the grantee has been found to have violated the terms or conditions of a Government grant program by utilizing grant funds for unauthorized expenditures or otherwise unallowable costs.
added “(h) Administrative cap—The cost of administering the grants authorized by this section shall not exceed 5 percent of the total amount expended to carry out this section.
added “(i) Federal share—The Federal share of the cost of a program funded by a grant awarded under this section shall be—
added “(1) 70 percent in the first year;
added “(2) 60 percent in the second year; and
added “(3) 50 percent in the third year, and in all subsequent years.
added “(j) Authorization of funding; fully offset—For purposes of carrying out this section, the Attorney General, in consultation with the Secretary of Health and Human Services, is authorized to award not more than $7,000,000 of the funds available in the Domestic Trafficking Victims’ Fund, established under section 3014 of title 18, United States Code, for each of fiscal years 2016 through 2020.
added “(k) Definitions—In this section—
added “(1) the term child means a person under the age of 18;
added “(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.);
added “(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
added “(4) the term eligible entity means a State or unit of local government that—
added “(A) has significant criminal activity involving child human trafficking;
added “(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;
added “(C) has developed a workable, multi-disciplinary plan to combat child human trafficking, including—
added “(i) the establishment of a shelter for victims of child human trafficking, through existing or new facilities;
added “(ii) the provision of trauma-informed, gender-responsive rehabilitative care to victims of child human trafficking;
added “(iii) the provision of specialized training for law enforcement officers and social service providers for all forms of human trafficking, with a focus on domestic child human trafficking;
added “(iv) prevention, deterrence, and prosecution of offenses involving child human trafficking, including soliciting, patronizing, or purchasing human acts with children;
added “(v) cooperation or referral agreements with organizations providing outreach or other related services to runaway and homeless youth;
added “(vi) law enforcement protocols or procedures to screen all individuals arrested for prostitution, whether adult or child, for victimization by sex trafficking and by other crimes, such as sexual assault and domestic violence; and
added “(vii) cooperation or referral agreements with State child welfare agencies and child advocacy centers; and
added “(D) provides an assurance that, under the plan under subparagraph (C), a victim of child human trafficking shall not be required to collaborate with law enforcement officers to have access to any shelter or services provided with a grant under this section.
added “(l) Grant accountability; specialized victims’ service requirement—No grant funds under this section may be awarded or transferred to any entity unless such entity has demonstrated substantial experience providing services to victims of human trafficking or related populations (such as runaway and homeless youth), or employs staff specialized in the treatment of human trafficking victims.”
104. Direct services for victims of child pornography
addedadded The Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.) is amended—
added “(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.”
105. Increasing compensation and restitution for trafficking victims
addedadded “(f) Transfer of forfeited assets
added “(1) In general—Notwithstanding any other provision of law, the Attorney General shall transfer assets forfeited pursuant to this section, or the proceeds derived from the sale thereof, to satisfy victim restitution orders arising from violations of this chapter.
added “(2) Priority—Transfers pursuant to paragraph (1) shall have priority over any other claims to the assets or their proceeds.
added “(3) Use of nonforfeited assets—Transfers pursuant to paragraph (1) shall not reduce or otherwise mitigate the obligation of a person convicted of a violation of this chapter to satisfy the full amount of a restitution order through the use of non-forfeited assets or to reimburse the Attorney General for the value of assets or proceeds transferred under this subsection through the use of nonforfeited assets.”
added “(v) United States Immigration and Customs Enforcement with respect to a violation of chapter 77 of title 18 (relating to human trafficking);”
106. Streamlining human trafficking investigations
addedadded Section 2516 of title 18, United States Code, is amended—
107. Enhancing human trafficking reporting
addedadded Section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) is amended by adding at the end the following:
added “(i) Part 1 violent crimes To include human trafficking—For purposes of this section, the term part 1 violent crimes shall include severe forms of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)).”
108. Reducing demand for sex trafficking
added109. Sense of Congress
addedadded It is the sense of Congress that—
110. Using existing task forces and components to target offenders who exploit children
addedadded Not later than 180 days after the date of enactment of this Act, the Attorney General shall ensure that—
111. Targeting child predators
addedadded “(1) a”
added “(2) any”
added “(3) production of child pornography (as defined in section 2256(8)).”
112. Monitoring all human traffickers as violent criminals
addedadded Section 3156(a)(4)(C) of title 18, United States Code, is amended by inserting “77,” after “chapter”.
113. Crime victims' rights
addedadded “(9) The right to be informed in a timely manner of any plea bargain or deferred prosecution agreement.
added “(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.”
added “(1) Court of appeals—The term court of appeals means—
added “(A) the United States court of appeals for the judicial district in which a defendant is being prosecuted; or
added “(B) for a prosecution in the Superior Court of the District of Columbia, the District of Columbia Court of Appeals.
added “(2) Crime victim
added “(A) In general—The term”
added “(B) Minors and certain other victims—In the case”
added “(3) District court; court—The terms district court and court include the Superior Court of the District of Columbia.”
114. Combat Human Trafficking Act
added115. Survivors of Human Trafficking Empowerment Act
added116. Bringing Missing Children Home Act
addedadded “(B) a recent photograph of the child, if available;”
added “(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;”
added “(E) grant permission to the National Crime Information Center Terminal Contractor for the State to update the missing person record in the National Crime Information Center computer networks with additional information learned during the investigation relating to the missing person.”
117. Grant accountability
added118. SAVE Act
added119. Education and outreach to trafficking survivors
addedadded The Attorney General shall make available, on the website of the Office of Juvenile Justice and Delinquency Prevention, a database for trafficking victim advocates, crisis hotline personnel, foster parents, law enforcement personnel, and crime survivors that contains information on—
120. Expanded statute of limitations for civil actions by child trafficking survivors
addedadded Section 1595(c) of title 18, United States Code, is amended by striking “not later than 10 years after the cause of action arose.” and inserting “not later than the later of—
added “(1) 10 years after the cause of action arose; or
added “(2) 10 years after the victim reaches 18 years of age, if the victim was a minor at the time of the alleged offense.”
121. GAO study and report
added201. Amendments to the Runaway and Homeless Youth Act
addedadded The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) is amended—
211. Response to victims of child sex trafficking
addedadded Section 404(b)(1)(P)(iii) of the Missing Children’s Assistance Act (42 U.S.C. 5773(b)(1)(P)(iii)) is amended by striking “child prostitution” and inserting “child sex trafficking, including child prostitution”.
221. Victim of trafficking defined
addedadded In this subtitle, the term victim of trafficking has the meaning given such term in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
222. Interagency task force report on child trafficking primary prevention
added223. GAO Report on intervention
addedadded On the date that is 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress that includes information on—
224. Provision of housing permitted to protect and assist in the recovery of victims of trafficking
addedadded Section 107(b)(2)(A) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(2)(A)) is amended by inserting “, including programs that provide housing to victims of trafficking” before the period at the end.
231. Expanded training relating to trafficking in persons
addedadded Section 105(c)(4) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(c)(4)) is amended—
added “(A) In general—Appropriate personnel”
added “(B) Training components—Training under this paragraph shall include—
added “(i) a distance learning course on trafficking-in-persons issues and the Department of State’s obligations under this Act, which shall be designed for embassy reporting officers, regional bureaus’ trafficking-in-persons coordinators, and their superiors;
added “(ii) specific trafficking-in-persons briefings for all ambassadors and deputy chiefs of mission before such individuals depart for their posts; and
added “(iii) at least annual reminders to all personnel referred to in clauses (i) and (ii), including appropriate personnel from other Federal departments and agencies, at each diplomatic or consular post of the Department of State located outside the United States of—
added “(I) key problems, threats, methods, and warning signs of trafficking in persons specific to the country or jurisdiction in which each such post is located; and
added “(II) appropriate procedures to report information that any such personnel may acquire about possible cases of trafficking in persons.”
301. Short title
addedadded This title may be cited as the “Human Exploitation Rescue Operations Act of 2015” or the “HERO Act of 2015”.
302. HERO Act
addedadded “890A. Cyber crimes center, child exploitation investigations unit, computer forensics unit, and cyber crimes unit
added “(a) Cyber crimes center
added “(1) In general—The Secretary shall operate, within United States Immigration and Customs Enforcement, a Cyber Crimes Center (referred to in this section as the “Center”).
added “(2) Purpose—The purpose of the Center shall be to provide investigative assistance, training, and equipment to support United States Immigration and Customs Enforcement’s domestic and international investigations of cyber-related crimes.
added “(b) Child exploitation investigations unit
added “(1) In general—The Secretary shall operate, within the Center, a Child Exploitation Investigations Unit (referred to in this subsection as the “CEIU”).
added “(2) Functions—The CEIU—
added “(A) shall coordinate all United States Immigration and Customs Enforcement child exploitation initiatives, including investigations into—
added “(i) child exploitation;
added “(ii) child pornography;
added “(iii) child victim identification;
added “(iv) traveling child sex offenders; and
added “(v) forced child labor, including the sexual exploitation of minors;
added “(B) shall, among other things, focus on—
added “(i) child exploitation prevention;
added “(ii) investigative capacity building;
added “(iii) enforcement operations; and
added “(iv) training for Federal, State, local, tribal, and foreign law enforcement agency personnel, upon request;
added “(C) shall provide training, technical expertise, support, or coordination of child exploitation investigations, as needed, to cooperating law enforcement agencies and personnel;
added “(D) shall provide psychological support and counseling services for United States Immigration and Customs Enforcement personnel engaged in child exploitation prevention initiatives, including making available other existing services to assist employees who are exposed to child exploitation material during investigations;
added “(E) is authorized to collaborate with the Department of Defense and the National Association to Protect Children for the purpose of the recruiting, training, equipping and hiring of wounded, ill, and injured veterans and transitioning service members, through the Human Exploitation Rescue Operative (HERO) Child Rescue Corps program; and
added “(F) shall collaborate with other governmental, nongovernmental, and nonprofit entities approved by the Secretary for the sponsorship of, and participation in, outreach and training activities.
added “(3) Data collection—The CEIU shall collect and maintain data concerning—
added “(A) the total number of suspects identified by United States Immigration and Customs Enforcement;
added “(B) the number of arrests by United States Immigration and Customs Enforcement, disaggregated by type, including—
added “(i) the number of victims identified through investigations carried out by United States Immigration and Customs Enforcement; and
added “(ii) the number of suspects arrested who were in positions of trust or authority over children;
added “(C) the number of cases opened for investigation by United States Immigration and Customs Enforcement; and
added “(D) the number of cases resulting in a Federal, State, foreign, or military prosecution.
added “(4) Availability of data to Congress—In addition to submitting the reports required under paragraph (7), the CEIU shall make the data collected and maintained under paragraph (3) available to the committees of Congress described in paragraph (7).
added “(5) Cooperative agreements—The CEIU is authorized to enter into cooperative agreements to accomplish the functions set forth in paragraphs (2) and (3).
added “(6) Acceptance of gifts
added “(A) In general—The Secretary is authorized to accept monies and in-kind donations from the Virtual Global Taskforce, national laboratories, Federal agencies, not-for-profit organizations, and educational institutions to create and expand public awareness campaigns in support of the functions of the CEIU.
added “(B) Exemption from Federal acquisition regulation—Gifts authorized under subparagraph (A) shall not be subject to the Federal Acquisition Regulation for competition when the services provided by the entities referred to in such subparagraph are donated or of minimal cost to the Department.
added “(7) Reports—Not later than 1 year after the date of the enactment of the HERO Act of 2015, and annually for the following 4 years, the CEIU shall—
added “(A) submit a report containing a summary of the data collected pursuant to paragraph (3) during the previous year to—
added “(i) the Committee on Homeland Security and Governmental Affairs of the Senate;
added “(ii) the Committee on the Judiciary of the Senate;
added “(iii) the Committee on Appropriations of the Senate;
added “(iv) the Committee on Homeland Security of the House of Representatives;
added “(v) the Committee on the Judiciary of the House of Representatives; and
added “(vi) the Committee on Appropriations of the House of Representatives; and
added “(B) make a copy of each report submitted under subparagraph (A) publicly available on the website of the Department.
added “(c) Computer forensics unit
added “(1) In general—The Secretary shall operate, within the Center, a Computer Forensics Unit (referred to in this subsection as the “CFU”).
added “(2) Functions—The CFU—
added “(A) shall provide training and technical support in digital forensics to—
added “(i) United States Immigration and Customs Enforcement personnel; and
added “(ii) Federal, State, local, tribal, military, and foreign law enforcement agency personnel engaged in the investigation of crimes within their respective jurisdictions, upon request and subject to the availability of funds;
added “(B) shall provide computer hardware, software, and forensic licenses for all computer forensics personnel within United States Immigration and Customs Enforcement;
added “(C) shall participate in research and development in the area of digital forensics, in coordination with appropriate components of the Department; and
added “(D) is authorized to collaborate with the Department of Defense and the National Association to Protect Children for the purpose of recruiting, training, equipping, and hiring wounded, ill, and injured veterans and transitioning service members, through the Human Exploitation Rescue Operative (HERO) Child Rescue Corps program.
added “(3) Cooperative agreements—The CFU is authorized to enter into cooperative agreements to accomplish the functions set forth in paragraph (2).
added “(4) Acceptance of gifts
added “(A) In general—The Secretary is authorized to accept monies and in-kind donations from the Virtual Global Task Force, national laboratories, Federal agencies, not-for-profit organizations, and educational institutions to create and expand public awareness campaigns in support of the functions of the CFU.
added “(B) Exemption from Federal acquisition regulation—Gifts authorized under subparagraph (A) shall not be subject to the Federal Acquisition Regulation for competition when the services provided by the entities referred to in such subparagraph are donated or of minimal cost to the Department.
added “(d) Cyber crimes unit
added “(1) In general—The Secretary shall operate, within the Center, a Cyber Crimes Unit (referred to in this subsection as the “CCU”).
added “(2) Functions—The CCU—
added “(A) shall oversee the cyber security strategy and cyber-related operations and programs for United States Immigration and Customs Enforcement;
added “(B) shall enhance United States Immigration and Customs Enforcement’s ability to combat criminal enterprises operating on or through the Internet, with specific focus in the areas of—
added “(i) cyber economic crime;
added “(ii) digital theft of intellectual property;
added “(iii) illicit e-commerce (including hidden marketplaces);
added “(iv) Internet-facilitated proliferation of arms and strategic technology; and
added “(v) cyber-enabled smuggling and money laundering;
added “(C) shall provide training and technical support in cyber investigations to—
added “(i) United States Immigration and Customs Enforcement personnel; and
added “(ii) Federal, State, local, tribal, military, and foreign law enforcement agency personnel engaged in the investigation of crimes within their respective jurisdictions, upon request and subject to the availability of funds;
added “(D) shall participate in research and development in the area of cyber investigations, in coordination with appropriate components of the Department; and
added “(E) is authorized to recruit participants of the Human Exploitation Rescue Operative (HERO) Child Rescue Corps program for investigative and forensic positions in support of the functions of the CCU.
added “(3) Cooperative agreements—The CCU is authorized to enter into cooperative agreements to accomplish the functions set forth in paragraph (2).
added “(e) Authorization of appropriations—There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.”
added “(D) conduct research and development for the purpose of advancing technology for the investigation of child exploitation crimes, including child victim identification, trafficking in persons, and child pornography, and for advanced forensics.”
303. Transportation for illegal sexual activity and related crimes
addedadded Chapter 117 of title 18, United States Code, is amended by striking section 2421 and inserting the following:
added “2421. Transportation generally
added “(a) In general—Whoever knowingly transports any individual in interstate or foreign commerce, or in any Territory or Possession of the United States, with intent that such individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title or imprisoned not more than 10 years, or both.
added “(b) Requests To prosecute violations by State attorneys general
added “(1) In general—The Attorney General shall grant a request by a State attorney general that a State or local attorney be cross designated to prosecute a violation of this section unless the Attorney General determines that granting the request would undermine the administration of justice.
added “(2) Reason for denial—If the Attorney General denies a request under paragraph (1), the Attorney General shall submit to the State attorney general a detailed reason for the denial not later than 60 days after the date on which a request is received.”
401. Short title
addedadded This title may be cited as the “Rape Survivor Child Custody Act”.
402. Definitions
addedadded In this title:
403. Findings
addedadded Congress finds the following:
404. Increased funding for formula grants authorized
addedadded The Attorney General shall increase the amount provided to a State under the covered formula grants in accordance with this title if the State has in place a law that allows the mother of any child that was conceived through rape to seek court-ordered termination of the parental rights of her rapist with regard to that child, which the court is authorized to grant upon clear and convincing evidence of rape.
405. Application
addedadded A State seeking an increase in the amount provided to the State under the covered formula grants shall include in the application of the State for each covered formula grant such information as the Attorney General may reasonably require, including information about the law described in section 404.
406. Grant increase
addedadded The amount of the increase provided to a State under the covered formula grants under this title shall be equal to not more than 10 percent of the average of the total amount of funding provided to the State under the covered formula grants under the 3 most recent awards to the State.
407. Period of increase
added408. Allocation of increased formula grant funds
addedadded The Attorney General shall allocate an increase in the amount provided to a State under the covered formula grants under this title such that—
409. Authorization of appropriations
addedadded There is authorized to be appropriated to carry out this title $5,000,000 for each of fiscal years 2015 through 2019.
501. Short title
addedadded This title may be cited as the “Military Sex Offender Reporting Act of 2015”.
502. Registration of sex offenders released from military corrections facilities or upon conviction
addedadded “128A. Registration of sex offenders released from military corrections facilities or upon conviction
added “The Secretary of Defense shall provide to the Attorney General the information described in section 114 to be included in the National Sex Offender Registry and the Dru Sjodin National Sex Offender Public Website regarding persons—
added “(1)
added “(A) released from military corrections facilities; or
added “(B) convicted if the sentences adjudged by courts-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), do not include confinement; and
added “(2) required to register under this title.”
601. Safe Harbor Incentives
addedadded Part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.) is amended—
added “(1) for hiring and rehiring additional career law enforcement officers that involves a non-Federal contribution exceeding the 25 percent minimum under subsection (g); or
added “(2) from an applicant in a State that has in effect a law that—
added “(A) treats a minor who has engaged in, or has attempted to engage in, a commercial sex act as a victim of a severe form of trafficking in persons;
added “(B) discourages or prohibits the charging or prosecution of an individual described in subparagraph (A) for a prostitution or sex trafficking offense, based on the conduct described in subparagraph (A); and
added “(C) encourages the diversion of an individual described in subparagraph (A) to appropriate service providers, including child welfare services, victim treatment programs, child advocacy centers, rape crisis centers, or other social services.”
added “(5) commercial sex act has the meaning given the term in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102).
added “(6) minor means an individual who has not attained the age of 18 years.
added “(7) severe form of trafficking in persons has the meaning given the term in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102).”
602. Report on restitution paid in connection with certain trafficking offenses
addedadded Section 105(d)(7)(Q) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(d)(7)(Q)) is amended—
added “(vi) the number of individuals required by a court order to pay restitution in connection with a violation of each offense under title 18, United States Code, the amount of restitution required to be paid under each such order, and the amount of restitution actually paid pursuant to each such order; and
added “(vii) the age, gender, race, country of origin, country of citizenship, and description of the role in the offense of individuals convicted under each offense; and”
603. National human trafficking hotline
addedadded Section 107(b)(1)(B) of the Victims of Crime Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7105(b)(1)(B)) is amended—
added “(i) In general—Subject”
added “(ii) National human trafficking hotline—Beginning in fiscal year 2017, and in each fiscal year thereafter, of amounts made available for grants under paragraph (2), the Secretary of Health and Human Services shall make grants for a national communication system to assist victims of severe forms of trafficking in persons in communicating with service providers. The Secretary shall give priority to grant applicants that have experience in providing telephone services to victims of severe forms of trafficking in persons.”
604. Job corps eligibility
addedadded Section 144(a)(3) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3194(a)(3)) is amended by adding at the end the following:
added “(F) A victim of a severe form of trafficking in persons (as defined in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102)). Notwithstanding paragraph (2), an individual described in this subparagraph shall not be required to demonstrate eligibility under such paragraph.”
605. Clarification of authority of the United States Marshals Service
addedadded Section 566(e)(1) of title 28, United States Code, is amended—
added “(D) assist State, local, and other Federal law enforcement agencies, upon the request of such an agency, in locating and recovering missing children.”
606. Establishing a national strategy to combat human trafficking
added701. Short title
addedadded This title may be cited as the “Trafficking Awareness Training for Health Care Act of 2015”.
702. Development of best practices
added703. Definitions
addedadded In this title:
704. No additional authorization of appropriations
addedadded No additional funds are authorized to be appropriated to carry out this title, and this title shall be carried out using amounts otherwise available for such purpose.
801. Short title
addedadded This title may be cited as the “Ensuring a Better Response for Victims of Child Sex Trafficking ”.
802. CAPTA amendments
addedadded “(xxiv) provisions and procedures requiring identification and assessment of all reports involving children known or suspected to be victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102 (10)); and
added “(xxv) provisions and procedures for training child protective services workers about identifying, assessing, and providing comprehensive services for children who are sex trafficking victims, including efforts to coordinate with State law enforcement, juvenile justice, and social service agencies such as runaway and homeless youth shelters to serve this population;”
added “(17) The number of children determined to be victims described in subsection (b)(2)(B)(xxiv).”
added “(a) Definitions—For purposes”
added “(b) Special rule
added “(1) In general—For purposes of section 3(2) and subsection (a)(4), a child shall be considered a victim of “child abuse and neglect” and of “sexual abuse” if the child is identified, by a State or local agency employee of the State or locality involved, as being a victim of sex trafficking (as defined in paragraph (10) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)) or a victim of severe forms of trafficking in persons described in paragraph (9)(A) of that section.
added “(2) State option—Notwithstanding the definition of “child” in section 3(1), a State may elect to define that term for purposes of the application of paragraph (1) to section 3(2) and subsection (a)(4) as a person who has not attained the age of 24.”
901. Definitions
addedadded In this title:
902. Training for Department personnel to identify human trafficking
added903. Certification and report to Congress
added904. Assistance to non-Federal entities
addedadded The Secretary may provide training curricula to any State, local, or tribal government or private organization to assist the government or organization in establishing a program of training to identify human trafficking, upon request from the government or organization.
905. Expanded use of Domestic Trafficking Victims’ Fund
addedadded Section 3014(e)(1) of title 18, United States Code, as added by section 101 of this Act, is amended—
added “(D) section 106 of the PROTECT Our Children Act of 2008 (42 U.S.C. 17616).”
1001. Short title
addedadded This title may be cited as the “Human Trafficking Survivors Relief and Empowerment Act of 2015”.
1002. Protections for human trafficking survivors
addedadded Section 1701(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(c)) is amended by striking “where feasible” and all that follows, and inserting the following:
added “(1) for hiring and rehiring additional career law enforcement officers that involves a non-Federal contribution exceeding the 25 percent minimum under subsection (g); or
added “(2) from an applicant in a State that has in effect a law—
added “(A) that—
added “(i) provides a process by which an individual who is a human trafficking survivor can move to vacate any arrest or conviction records for a non-violent offense committed as a direct result of human trafficking, including prostitution or lewdness;
added “(ii) establishes a rebuttable presumption that any arrest or conviction of an individual for an offense associated with human trafficking is a result of being trafficked, if the individual—
added “(I) is a person granted nonimmigrant status pursuant to section 101(a)(15)(T)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(T)(i));
added “(II) is the subject of a certification by the Secretary of Health and Human Services under section 107(b)(1)(E) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)(E)); or
added “(III) has other similar documentation of trafficking, which has been issued by a Federal, State, or local agency; and
added “(iii) protects the identity of individuals who are human trafficking survivors in public and court records; and
added “(B) that does not require an individual who is a human trafficking survivor to provide official documentation as described in subclause (I), (II), or (III) of subparagraph (A)(ii) in order to receive protection under the law.”