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Bill
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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
(a)
removed In general— Chapter 201 of title 18, United States Code, is amended by adding at the end the following:

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.”

(b)
removed Technical and conforming amendment— The table of sections for chapter 201 of title 18, United States Code, is amended by inserting after the item relating to section 3013 the following:

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—

(1)
removed by redesignating subsection (f) (as originally enacted), as subsection (h); and
(2)
removed in subsection (f) (as added by section 213(a)(1) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110–457)), by adding at the end the following:

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
(a)
removed In general— Section 203 of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044b) is amended to read as follows:

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.”

(b)
removed Table of contents— The table of contents in section 1(b) of the Trafficking Victims Protection Reauthorization Act of 2005 (22 U.S.C. 7101 note) is amended by striking the item relating to section 203 and inserting the following:

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—

(1)
removed in section 212(5) (42 U.S.C. 13001a(5)), by inserting “, including human trafficking and the production of child pornography” before the semicolon at the end; and
(2)
removed in section 214 (42 U.S.C. 13002)—
(A)
removed by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and
(B)
removed by inserting after subsection (a) the following:

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
(a)
removed Amendments to title 18— Section 1594 of title 18, United States Code, is amended—
(1)
removed in subsection (d)—
(A)
removed in paragraph (1)—
(i)
removed by striking “that was used or” and inserting “that was involved in, used, or”; and
(ii)
removed by inserting “, and any property traceable to such property” after “such violation”; and
(B)
removed in paragraph (2), by inserting “, or any property traceable to such property” after “such violation”;
(2)
removed in subsection (e)(1)(A)—
(A)
removed by striking “used or” and inserting “involved in, used, or”; and
(B)
removed by inserting “, and any property traceable to such property” after “any violation of this chapter”;
(3)
removed by redesignating subsection (f) as subsection (g); and
(4)
removed by inserting after subsection (e) the following:

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.”

(b)
removed Amendment to title 28— Section 524(c)(1)(B) of title 28, United States Code, is amended by inserting “chapter 77 of title 18,” after “criminal drug laws of the United States or of”.
(c)
removed Amendments to title 31—
(1)
removed In general— Chapter 97 of title 31, United States Code, is amended—
(A)
removed by redesignating section 9703 (as added by section 638(b)(1) of the Treasury, Postal Service, and General Government Appropriations Act, 1993 (Public Law 102–393; 106 Stat. 1779)) as section 9705; and
(B)
removed in section 9705(a), as redesignated—
(i)
removed in paragraph (1)—
(I)
removed in subparagraph (I)—
(aa)
removed by striking “payment” and inserting “Payment”; and
(bb)
removed by striking the semicolon at the end and inserting a period; and
(II)
removed in subparagraph (J), by striking “payment” and inserting “Payment”; and
(ii)
removed in paragraph (2)—
(I)
removed in subparagraph (B)—
(aa)
removed in clause (iii)—
(AA)
removed in subclause (I), by striking “or” and inserting “of”; and
(BB)
removed in subclause (III), by striking “and” at the end;
(bb)
removed in clause (iv), by striking the period at the end and inserting “; and”; and
(cc)
removed by inserting after clause (iv) the following:

removed “(v) U.S. Immigration and Customs Enforcement with respect to a violation of chapter 77 of title 18 (relating to human trafficking);”

(II)
removed in subparagraph (G), by adding “and” at the end; and
(III)
removed in subparagraph (H), by striking “; and” and inserting a period.
(2)
removed Technical and conforming amendments—
(A)
removed Cross references—
(i)
removed Title 28— Section 524(c) of title 28, United States Code, is amended—
(I)
removed in paragraph (4)(C), by striking “section 9703(g)(4)(A)(ii)” and inserting “section 9705(g)(4)(A)”;
(II)
removed in paragraph (10), by striking “section 9703(p)” and inserting “section 9705(p)”; and
(III)
removed in paragraph (11), by striking “section 9703” and inserting “section 9705”.
(ii)
removed Title 31— Title 31, United States Code, is amended—
(I)
removed in section 312(d), by striking “section 9703” and inserting “section 9705”; and
(II)
removed in section 5340(1), by striking “section 9703(p)(1)” and inserting “section 9705(p)(1)”.
(iii)
removed Title 39— Section 2003(e)(1) of title 39, United States Code, is amended by striking “section 9703(p)” and inserting “section 9705(p)”.
(B)
removed Table of sections— The table of sections for chapter 97 of title 31, United States Code, is amended to read as follows:

7. Streamlining human trafficking investigations

removed

removed Section 2516 of title 18, United States Code, is amended—

(1)
removed in paragraph (1)—
(A)
removed in subparagraph (a), by inserting a comma after “weapons)”;
(B)
removed in subparagraph (c)—
(i)
removed by inserting “section 1581 (peonage), section 1584 (involuntary servitude), section 1589 (forced labor), section 1590 (trafficking with respect to peonage, slavery, involuntary servitude, or forced labor),” before “section 1591”;
(ii)
removed by inserting “section 1592 (unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor),” before “section 1751”;
(iii)
removed by inserting a comma after “virus)”;
(iv)
removed by striking “,, section” and inserting a comma;
(v)
removed by striking “or” after “misuse of passports),”; and
(vi)
removed by inserting “or” before “section 555”;
(C)
removed in subparagraph (j), by striking “pipeline,)” and inserting “pipeline),”; and
(D)
removed in subparagraph (p), by striking “documents, section 1028A (relating to aggravated identity theft))” and inserting “documents), section 1028A (relating to aggravated identity theft)”; and
(2)
removed in paragraph (2), by inserting “human trafficking, child sexual exploitation, child pornography production,” after “kidnapping”.

8. Enhancing human trafficking reporting

removed
(a)
removed In general— Section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) is amended by adding at the end the following:

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)).”

(b)
removed Crime Control Act amendments— Section 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) is amended—
(1)
removed in paragraph (2), by striking “and” at the end; and
(2)
removed in paragraph (4)—
(A)
removed in the matter preceding subparagraph (A), by striking “paragraph (2)” and inserting “paragraph (3)”;
(B)
removed in subparagraph (A), by inserting “and a photograph taken within the previous 180 days” after “dental records”;
(C)
removed in subparagraph (B), by striking “and” at the end;
(D)
removed by redesignating subparagraph (C) as subparagraph (D); and
(E)
removed by inserting after subparagraph (B) the following:

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

removed
(a)
removed In general— Section 1591 of title 18, United States Code, is amended—
(1)
removed in subsection (a)(1), by striking “or maintains” and inserting “maintains, patronizes, or solicits”;
(2)
removed in subsection (b)—
(A)
removed in paragraph (1), by striking “or obtained” and inserting “obtained, patronized, or solicited”; and
(B)
removed in paragraph (2), by striking “or obtained” and inserting “obtained, patronized, or solicited”; and
(3)
removed in subsection (c)—
(A)
removed by striking “or maintained” and inserting “, maintained, patronized, or solicited”; and
(B)
removed by striking “knew that the person” and inserting “knew, or recklessly disregarded the fact, that the person”.
(b)
removed Definition amended— Section 103(10) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(10)) is amended by striking “or obtaining” and inserting “obtaining, patronizing, or soliciting”.
(c)
removed Purpose— The purpose of the amendments made by this section is to clarify the range of conduct punished as sex trafficking.

10. 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—

(1)
removed all task forces and working groups within the Innocence Lost National Initiative engage in activities, programs, or operations to increase the investigative capabilities of State and local law enforcement officers in the detection, investigation, and prosecution of persons who patronize, or solicit children for sex; and
(2)
removed all components and task forces with jurisdiction to detect, investigate, and prosecute cases of child labor trafficking engage in activities, programs, or operations to increase the capacity of such components to deter and punish child labor trafficking.

11. Targeting child predators

removed
(a)
removed Clarifying that child pornography producers are human traffickers— Section 2423(f) of title 18, United States Code, is amended—
(1)
removed by striking “means (1) a” and inserting the following: “means—

removed “(1) a”

(2)
removed by striking “United States; or (2) any” and inserting the following: “United States;

removed “(2) any”

(3)
removed by striking the period at the end and inserting the following: “; or

removed “(3) production of child pornography (as defined in section 2256(8)).”

(b)
removed Holding sex traffickers accountable— Section 2423(g) of title 18, United States Code, is amended by striking “a preponderance of the evidence” and inserting “clear and convincing evidence”.

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
(a)
removed In general— Section 3771 of title 18, United States Code, is amended—
(1)
removed in subsection (a), by adding at the end the following:

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.”

(2)
removed in subsection (d)(3), in the fifth sentence, by inserting “, unless the litigants, with the approval of the court, have stipulated to a different time period for consideration” before the period; and
(3)
removed in subsection (e)—
(A)
removed by striking “this chapter, the term” and inserting the following: “this chapter:

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”

(B)
removed by striking “In the case” and inserting the following:

removed “(B) Minors and certain other victims—In the case”

(C)
removed by adding at the end the following:

removed “(3) District court; court—The terms district court and court include the Superior Court of the District of Columbia.”

(b)
removed Crime victims fund— Section 1402(d)(3)(A)(i) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(3)(A)(i)) is amended by inserting “section” before “3771”.
(c)
removed Appellate review of petitions relating to crime victims' rights—
(1)
removed In general— Section 3771(d)(3) of title 18, United States Code, as amended by subsection (a)(2) of this section, is amended by inserting after the fifth sentence the following: “In deciding such application, the court of appeals shall apply ordinary standards of appellate review.”.
(2)
removed Application— The amendment made by paragraph (1) shall apply with respect to any petition for a writ of mandamus filed under section 3771(d)(3) of title 18, United States Code, that is pending on the date of enactment of this Act.

14. Combat Human Trafficking Act

removed
(a)
removed Short title— This section may be cited as the “Combat Human Trafficking Act of 2015”.
(b)
removed Definitions— In this section:
(1)
removed Commercial sex act; Severe forms of trafficking in persons; State— The terms commercial sex act, severe forms of trafficking in persons, and State have the meanings given those terms in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
(2)
removed Covered offender— The term covered offender means an individual who obtains, patronizes, or solicits a commercial sex act involving a person subject to severe forms of trafficking in persons.
(3)
removed Covered offense— The term covered offense means the provision, obtaining, patronizing, or soliciting of a commercial sex act involving a person subject to severe forms of trafficking in persons.
(4)
removed Federal law enforcement officer— The term Federal law enforcement officer has the meaning given the term in section 115 of title 18, United States Code.
(5)
removed Local law enforcement officer— The term local law enforcement officer means any officer, agent, or employee of a unit of local government authorized by law or by a local government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law.
(6)
removed State law enforcement officer— The term State law enforcement officer means any officer, agent, or employee of a State authorized by law or by a State government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law.
(c)
removed Department of justice training and policy for law enforcement officers, prosecutors, and judges—
(1)
removed Training—
(A)
removed Law enforcement officers— The Attorney General shall ensure that each anti-human trafficking program operated by the Department of Justice, including each anti-human trafficking training program for Federal, State, or local law enforcement officers, includes technical training on—
(i)
removed effective methods for investigating and prosecuting covered offenders; and
(ii)
removed facilitating the provision of physical and mental health services by health care providers to persons subject to severe forms of trafficking in persons.
(B)
removed Federal prosecutors— The Attorney General shall ensure that each anti-human trafficking program operated by the Department of Justice for United States attorneys or other Federal prosecutors includes training on seeking restitution for offenses under chapter 77 of title 18, United States Code, to ensure that each United States attorney or other Federal prosecutor, upon obtaining a conviction for such an offense, requests a specific amount of restitution for each victim of the offense without regard to whether the victim requests restitution.
(C)
removed Judges— The Federal Judicial Center shall provide training to judges relating to the application of section 1593 of title 18, United States Code, with respect to ordering restitution for victims of offenses under chapter 77 of such title.
(2)
removed Policy for Federal law enforcement officers— The Attorney General shall ensure that Federal law enforcement officers are engaged in activities, programs, or operations involving the detection, investigation, and prosecution of covered offenders.
(d)
removed Minimum period of supervised release for conspiracy To commit commercial child sex trafficking— Section 3583(k) of title 18, United States Code, is amended by inserting “1594(c),” after “1591,”.
(e)
removed Bureau of justice statistics report on state enforcement of human trafficking prohibitions— The Director of the Bureau of Justice Statistics shall—
(1)
removed prepare an annual report on—
(A)
removed the rates of—
(i)
removed arrest of individuals by State law enforcement officers for a covered offense;
(ii)
removed prosecution (including specific charges) of individuals in State court systems for a covered offense; and
(iii)
removed conviction of individuals in State court systems for a covered offense; and
(B)
removed sentences imposed on individuals convicted in State court systems for a covered offense; and
(2)
removed submit the annual report prepared under paragraph (1) to—
(A)
removed the Committee on the Judiciary of the House of Representatives;
(B)
removed the Committee on the Judiciary of the Senate;
(C)
removed the Task Force;
(D)
removed the Senior Policy Operating Group established under section 105(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(g)); and
(E)
removed the Attorney General.

15. Grant accountability

removed
(a)
removed Definition— In this section, the term covered grant means a grant awarded by the Attorney General under section 203 of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044b), as amended by section 4.
(b)
removed Accountability— All covered grants shall be subject to the following accountability provisions:
(1)
removed Audit requirement—
(A)
removed In general— Beginning in the first fiscal year beginning after the date of enactment of this Act, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of a covered grant to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year.
(B)
removed Definition— In this paragraph, the term unresolved audit finding means a finding in the final audit report of the Inspector General that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued.
(C)
removed Mandatory exclusion— A recipient of a covered grant that is found to have an unresolved audit finding shall not be eligible to receive a covered grant during the following 2 fiscal years.
(D)
removed Priority— In awarding covered grants the Attorney General shall give priority to eligible entities that did not have an unresolved audit finding during the 3 fiscal years prior to submitting an application for a covered grant.
(E)
removed Reimbursement— If an entity is awarded a covered grant during the 2-fiscal-year period in which the entity is barred from receiving grants under subparagraph (C), the Attorney General shall—
(i)
removed deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and
(ii)
removed seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.
(2)
removed Nonprofit organization requirements—
(A)
removed Definition— For purposes of this paragraph and covered grants, the term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code.
(B)
removed Prohibition— The Attorney General may not award a covered grant to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986.
(C)
removed Disclosure— Each nonprofit organization that is awarded a covered grant and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees, shall disclose to the Attorney General, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Attorney General shall make the information disclosed under this subsection available for public inspection.
(3)
removed Conference expenditures—
(A)
removed Limitation— No amounts transferred to the Department of Justice under this Act, or the amendments made by this Act, may be used by the Attorney General, or by any individual or organization awarded discretionary funds through a cooperative agreement under this Act, or the amendments made by this Act, to host or support any expenditure for conferences that uses more than $20,000 in Department funds, unless the Deputy Attorney General or such Assistant Attorney Generals, Directors, or principal deputies as the Deputy Attorney General may designate, provides prior written authorization that the funds may be expended to host a conference.
(B)
removed Written approval— Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audiovisual equipment, honoraria for speakers, and any entertainment.
(C)
removed Report— The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all approved conference expenditures referenced in this paragraph.
(D)
removed Annual certification— Beginning in the first fiscal year beginning after the date of enactment of this Act, the Attorney General shall submit, to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, an annual certification that—
(i)
removed all audits issued by the Office of the Inspector General under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director;
(ii)
removed all mandatory exclusions required under paragraph (1)(C) have been issued;
(iii)
removed all reimbursements required under paragraph (1)(E) have been made; and
(iv)
removed includes a list of any grant recipients excluded under paragraph (1) from the previous year.
(4)
removed Prohibition on lobbying activity—
(A)
removed In general— Amounts awarded under this Act, or any amendments made by this Act, may not be utilized by any grant recipient to—
(i)
removed lobby any representative of the Department of Justice regarding the award of grant funding; or
(ii)
removed lobby any representative of a Federal, State, local, or tribal government regarding the award of grant funding.
(B)
removed Penalty— If the Attorney General determines that any recipient of a covered grant has violated subparagraph (A), the Attorney General shall—
(i)
removed require the grant recipient to repay the grant in full; and
(ii)
removed prohibit the grant recipient from receiving another covered grant for not less than 5 years.

101. Domestic Trafficking Victims' Fund

added
(a)
added In general— Chapter 201 of title 18, United States Code, is amended by adding at the end the following:

added “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).”

(b)
added Technical and conforming amendment— The table of sections for chapter 201 of title 18, United States Code, is amended by inserting after the item relating to section 3013 the following:

102. Clarifying the benefits and protections offered to domestic victims of human trafficking

added

added Section 107(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)) is amended—

(1)
added by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively;
(2)
added by inserting after subparagraph (E) the following:

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.”

(3)
added in subparagraph (H), as redesignated, by striking “subparagraph (F)” and inserting “subparagraph (G)”.

103. Victim-centered child human trafficking deterrence block grant program

added
(a)
added In general— Section 203 of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044b) is amended to read as follows:

added “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.”

(b)
added Table of contents— The table of contents in section 1(b) of the Trafficking Victims Protection Reauthorization Act of 2005 (22 U.S.C. 7101 note) is amended by striking the item relating to section 203 and inserting the following:

104. Direct services for victims of child pornography

added

added The Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.) is amended—

(1)
added in section 212(5) (42 U.S.C. 13001a(5)), by inserting “, including human trafficking and the production of child pornography” before the semicolon at the end; and
(2)
added in section 214 (42 U.S.C. 13002)—
(A)
added by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and
(B)
added by inserting after subsection (a) the following:

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

added
(a)
added Amendments to title 18— Section 1594 of title 18, United States Code, is amended—
(1)
added in subsection (d)—
(A)
added in paragraph (1)—
(i)
added by striking “that was used or” and inserting “that was involved in, used, or”; and
(ii)
added by inserting “, and any property traceable to such property” after “such violation”; and
(B)
added in paragraph (2), by inserting “, or any property traceable to such property” after “such violation”;
(2)
added in subsection (e)(1)(A)—
(A)
added by striking “used or” and inserting “involved in, used, or”; and
(B)
added by inserting “, and any property traceable to such property” after “any violation of this chapter”;
(3)
added by redesignating subsection (f) as subsection (g); and
(4)
added by inserting after subsection (e) the following:

added “(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.”

(b)
added Amendment to title 28— Section 524(c)(1)(B) of title 28, United States Code, is amended by inserting “chapter 77 of title 18,” after “criminal drug laws of the United States or of”.
(c)
added Amendments to title 31—
(1)
added In general— Chapter 97 of title 31, United States Code, is amended—
(A)
added by redesignating section 9703 (as added by section 638(b)(1) of the Treasury, Postal Service, and General Government Appropriations Act, 1993 (Public Law 102–393; 106 Stat. 1779)) as section 9705; and
(B)
added in section 9705(a), as redesignated—
(i)
added in paragraph (1)—
(I)
added in subparagraph (I)—
(aa)
added by striking “payment” and inserting “Payment”; and
(bb)
added by striking the semicolon at the end and inserting a period; and
(II)
added in subparagraph (J), by striking “payment” and inserting “Payment”; and
(ii)
added in paragraph (2)—
(I)
added in subparagraph (B)—
(aa)
added in clause (iii)—
(AA)
added in subclause (I), by striking “or” and inserting “of”; and
(BB)
added in subclause (III), by striking “and” at the end;
(bb)
added in clause (iv), by striking the period at the end and inserting “; and”; and
(cc)
added by inserting after clause (iv) the following:

added “(v) United States Immigration and Customs Enforcement with respect to a violation of chapter 77 of title 18 (relating to human trafficking);”

(II)
added in subparagraph (G), by adding “and” at the end; and
(III)
added in subparagraph (H), by striking “; and” and inserting a period.
(2)
added Technical and conforming amendments—
(A)
added Cross references—
(i)
added Title 28— Section 524(c) of title 28, United States Code, is amended—
(I)
added in paragraph (4)(C), by striking “section 9703(g)(4)(A)(ii)” and inserting “section 9705(g)(4)(A)”;
(II)
added in paragraph (10), by striking “section 9703(p)” and inserting “section 9705(o)”; and
(III)
added in paragraph (11), by striking “section 9703” and inserting “section 9705”.
(ii)
added Title 31— Title 31, United States Code, is amended—
(I)
added in section 312(d), by striking “section 9703” and inserting “section 9705”; and
(II)
added in section 5340(1), by striking “section 9703(p)(1)” and inserting “section 9705(o)”.
(iii)
added Title 39— Section 2003(e)(1) of title 39, United States Code, is amended by striking “section 9703(p)” and inserting “section 9705(o)”.
(B)
added Table of sections— The table of sections for chapter 97 of title 31, United States Code, is amended to read as follows:

106. Streamlining human trafficking investigations

added

added Section 2516 of title 18, United States Code, is amended—

(1)
added in paragraph (1)—
(A)
added in subparagraph (a), by inserting a comma after “weapons)”;
(B)
added in subparagraph (c)—
(i)
added by inserting “section 1581 (peonage), section 1584 (involuntary servitude), section 1589 (forced labor), section 1590 (trafficking with respect to peonage, slavery, involuntary servitude, or forced labor),” before “section 1591”;
(ii)
added by inserting “section 1592 (unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor),” before “section 1751”;
(iii)
added by inserting a comma after “virus)”;
(iv)
added by striking “,, section” and inserting a comma;
(v)
added by striking “or” after “misuse of passports),”; and
(vi)
added by inserting “or” before “section 555”;
(C)
added in subparagraph (j), by striking “pipeline,)” and inserting “pipeline),”; and
(D)
added in subparagraph (p), by striking “documents, section 1028A (relating to aggravated identity theft))” and inserting “documents), section 1028A (relating to aggravated identity theft)”; and
(2)
added in paragraph (2), by inserting “human trafficking, child sexual exploitation, child pornography production,” after “kidnapping”.

107. Enhancing human trafficking reporting

added

added 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

added
(a)
added In general— Section 1591 of title 18, United States Code, is amended—
(1)
added in subsection (a)(1), by striking “or maintains” and inserting “maintains, patronizes, or solicits”;
(2)
added in subsection (b)—
(A)
added in paragraph (1), by striking “or obtained” and inserting “obtained, patronized, or solicited”; and
(B)
added in paragraph (2), by striking “or obtained” and inserting “obtained, patronized, or solicited”; and
(3)
added in subsection (c)—
(A)
added by striking “or maintained” and inserting “, maintained, patronized, or solicited”; and
(B)
added by striking “knew that the person” and inserting “knew, or recklessly disregarded the fact, that the person”.
(b)
added Definition amended— Section 103(10) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(10)) is amended by striking “or obtaining” and inserting “obtaining, patronizing, or soliciting”.
(c)
added Purpose— The purpose of the amendments made by this section is to clarify the range of conduct punished as sex trafficking.

109. Sense of Congress

added

added It is the sense of Congress that—

(1)
added section 1591 of title 18, United States Code, 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”;
(2)
added while use of the word “obtains” in section 1591, United States Code, has been interpreted, prior to the date of enactment of this Act, to encompass those who purchase illicit sexual acts from trafficking victims, some confusion persists;
(3)
added in United States vs. Jungers, 702 F.3d 1066 (8th Cir. 2013), the United States Court of Appeals for the Eighth Circuit ruled that section 1591 of title 18, United States Code, applied to persons who purchase illicit sexual acts with trafficking victims after the United States District Court for the District of South Dakota erroneously granted motions to acquit these buyers in two separate cases; and
(4)
added section 108 of this title amends section 1591 of title 18, United States Code, to add the words “solicits or patronizes” to the sex trafficking statute making absolutely clear for judges, juries, prosecutors, and law enforcement officials that criminals who purchase sexual acts from human trafficking victims may be arrested, prosecuted, and convicted as sex trafficking offenders when this is merited by the facts of a particular case.

110. Using existing task forces and components to target offenders who exploit children

added

added Not later than 180 days after the date of enactment of this Act, the Attorney General shall ensure that—

(1)
added all task forces and working groups within the Innocence Lost National Initiative engage in activities, programs, or operations to increase the investigative capabilities of State and local law enforcement officers in the detection, investigation, and prosecution of persons who patronize, or solicit children for sex; and
(2)
added all components and task forces with jurisdiction to detect, investigate, and prosecute cases of child labor trafficking engage in activities, programs, or operations to increase the capacity of such components to deter and punish child labor trafficking.

111. Targeting child predators

added
(a)
added Clarifying that child pornography producers are human traffickers— Section 2423(f) of title 18, United States Code, is amended—
(1)
added by striking “means (1) a” and inserting the following: “means—

added “(1) a”

(2)
added by striking “United States; or (2) any” and inserting the following: “United States;

added “(2) any”

(3)
added by striking the period at the end and inserting the following: “; or

added “(3) production of child pornography (as defined in section 2256(8)).”

(b)
added Holding sex traffickers accountable— Section 2423(g) of title 18, United States Code, is amended by striking “a preponderance of the evidence” and inserting “clear and convincing evidence”.

112. Monitoring all human traffickers as violent criminals

added

added Section 3156(a)(4)(C) of title 18, United States Code, is amended by inserting “77,” after “chapter”.

113. Crime victims' rights

added
(a)
added In general— Section 3771 of title 18, United States Code, is amended—
(1)
added in subsection (a), by adding at the end the following:

added “(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.”

(2)
added in subsection (d)(3), in the fifth sentence, by inserting “, unless the litigants, with the approval of the court, have stipulated to a different time period for consideration” before the period; and
(3)
added in subsection (e)—
(A)
added by striking “this chapter, the term” and inserting the following: “this chapter:

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”

(B)
added by striking “In the case” and inserting the following:

added “(B) Minors and certain other victims—In the case”

(C)
added by adding at the end the following:

added “(3) District court; court—The terms district court and court include the Superior Court of the District of Columbia.”

(b)
added Crime victims fund— Section 1402(d)(3)(A)(i) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(3)(A)(i)) is amended by inserting “section” before “3771”.
(c)
added Appellate review of petitions relating to crime victims' rights—
(1)
added In general— Section 3771(d)(3) of title 18, United States Code, as amended by subsection (a)(2) of this section, is amended by inserting after the fifth sentence the following: “In deciding such application, the court of appeals shall apply ordinary standards of appellate review.”.
(2)
added Application— The amendment made by paragraph (1) shall apply with respect to any petition for a writ of mandamus filed under section 3771(d)(3) of title 18, United States Code, that is pending on the date of enactment of this Act.

114. Combat Human Trafficking Act

added
(a)
added Short title— This section may be cited as the “Combat Human Trafficking Act of 2015”.
(b)
added Definitions— In this section:
(1)
added Commercial sex act; Severe forms of trafficking in persons; State; Task Force— The terms commercial sex act, severe forms of trafficking in persons, State, and Task Force have the meanings given those terms in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
(2)
added Covered offender— The term covered offender means an individual who obtains, patronizes, or solicits a commercial sex act involving a person subject to severe forms of trafficking in persons.
(3)
added Covered offense— The term covered offense means the provision, obtaining, patronizing, or soliciting of a commercial sex act involving a person subject to severe forms of trafficking in persons.
(4)
added Federal law enforcement officer— The term Federal law enforcement officer has the meaning given the term in section 115 of title 18, United States Code.
(5)
added Local law enforcement officer— The term local law enforcement officer means any officer, agent, or employee of a unit of local government authorized by law or by a local government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law.
(6)
added State law enforcement officer— The term State law enforcement officer means any officer, agent, or employee of a State authorized by law or by a State government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law.
(c)
added Department of justice training and policy for law enforcement officers, prosecutors, and judges—
(1)
added Training—
(A)
added Law enforcement officers— The Attorney General shall ensure that each anti-human trafficking program operated by the Department of Justice, including each anti-human trafficking training program for Federal, State, or local law enforcement officers, includes technical training on—
(i)
added effective methods for investigating and prosecuting covered offenders; and
(ii)
added facilitating the provision of physical and mental health services by health care providers to persons subject to severe forms of trafficking in persons.
(B)
added Federal prosecutors— The Attorney General shall ensure that each anti-human trafficking program operated by the Department of Justice for United States attorneys or other Federal prosecutors includes training on seeking restitution for offenses under chapter 77 of title 18, United States Code, to ensure that each United States attorney or other Federal prosecutor, upon obtaining a conviction for such an offense, requests a specific amount of restitution for each victim of the offense without regard to whether the victim requests restitution.
(C)
added Judges— The Federal Judicial Center shall provide training to judges relating to the application of section 1593 of title 18, United States Code, with respect to ordering restitution for victims of offenses under chapter 77 of such title.
(2)
added Policy for Federal law enforcement officers— The Attorney General shall ensure that Federal law enforcement officers are engaged in activities, programs, or operations involving the detection, investigation, and prosecution of covered offenders.
(d)
added Minimum period of supervised release for conspiracy To commit commercial child sex trafficking— Section 3583(k) of title 18, United States Code, is amended by inserting “1594(c),” after “1591,”.
(e)
added Bureau of justice statistics report on state enforcement of human trafficking prohibitions— The Director of the Bureau of Justice Statistics shall—
(1)
added prepare an annual report on—
(A)
added the rates of—
(i)
added arrest of individuals by State law enforcement officers for a covered offense;
(ii)
added prosecution (including specific charges) of individuals in State court systems for a covered offense; and
(iii)
added conviction of individuals in State court systems for a covered offense; and
(B)
added sentences imposed on individuals convicted in State court systems for a covered offense; and
(2)
added submit the annual report prepared under paragraph (1) to—
(A)
added the Committee on the Judiciary of the House of Representatives;
(B)
added the Committee on the Judiciary of the Senate;
(C)
added the Task Force;
(D)
added the Senior Policy Operating Group established under section 105(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(g)); and
(E)
added the Attorney General.

115. Survivors of Human Trafficking Empowerment Act

added
(a)
added Short title— This section may be cited as the Survivors of Human Trafficking Empowerment Act.
(b)
added Establishment— There is established the United States Advisory Council on Human Trafficking (referred to in this section as the Council), which shall provide advice and recommendations to the Senior Policy Operating Group established under section 105(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(g)) (referred to in this section as the Group) and the President's Interagency Task Force to Monitor and Combat Trafficking established under section 105(a) of such Act (referred to in this section as the Task Force).
(c)
added Membership—
(1)
added Composition— The Council shall be composed of not less than 8 and not more than 14 individuals who are survivors of human trafficking.
(2)
added Representation of survivors— To the extent practicable, members of the Council shall be survivors of trafficking, who shall accurately reflect the diverse backgrounds of survivors of trafficking, including—
(A)
added survivors of sex trafficking and survivors of labor trafficking; and
(B)
added survivors who are United States citizens and survivors who are aliens lawfully present in the United States.
(3)
added Appointment— Not later than 180 days after the date of enactment of this Act, the President shall appoint the members of the Council.
(4)
added Term; reappointment— Each member of the Council shall serve for a term of 2 years and may be reappointed by the President to serve 1 additional 2-year term.
(d)
added Functions— The Council shall—
(1)
added be a nongovernmental advisory body to the Group;
(2)
added meet, at its own discretion or at the request of the Group, not less frequently than annually to review Federal Government policy and programs intended to combat human trafficking, including programs relating to the provision of services for victims and serve as a point of contact for Federal agencies reaching out to human trafficking survivors for input on programming and policies relating to human trafficking in the United States;
(3)
added formulate assessments and recommendations to ensure that policy and programming efforts of the Federal Government conform, to the extent practicable, to the best practices in the field of human trafficking prevention; and
(4)
added meet with the Group not less frequently than annually, and not later than 45 days before a meeting with the Task Force, to formally present the findings and recommendations of the Council.
(e)
added Reports— Not later than 1 year after the date of enactment of this Act and each year thereafter until the date described in subsection (h), the Council shall submit a report that contains the findings derived from the reviews conducted pursuant to subsection (d)(2) to—
(1)
added the chair of the Task Force;
(2)
added the members of the Group;
(3)
added the Committees on Foreign Affairs, Homeland Security, Appropriations, and the Judiciary of the House of Representatives; and
(4)
added the Committees on Foreign Relations, Appropriations, Homeland Security and Governmental Affairs, and the Judiciary of the Senate.
(f)
added Employee status— Members of the Council—
(1)
added shall not be considered employees of the Federal Government for any purpose; and
(2)
added shall not receive compensation other than reimbursement of travel expenses and per diem allowance in accordance with section 5703 of title 5, United States Code.
(g)
added Nonapplicability of FACA— The Council shall not be subject to the requirements under the Federal Advisory Committee Act (5 U.S.C. App.).
(h)
added Sunset— The Council shall terminate on September 30, 2020.

116. Bringing Missing Children Home Act

added
(a)
added Short title— This section may be cited as the “Bringing Missing Children Home Act”.
(b)
added Crime Control Act amendments— Section 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) is amended—
(1)
added in paragraph (2), by striking “and” at the end;
(2)
added in paragraph (3)—
(A)
added by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and
(B)
added by inserting after subparagraph (A) the following:

added “(B) a recent photograph of the child, if available;”

(3)
added in paragraph (4)—
(A)
added in the matter preceding subparagraph (A), by striking “paragraph (2)” and inserting “paragraph (3)”;
(B)
added in subparagraph (A)—
(i)
added by striking “60 days” and inserting “30 days”; and
(ii)
added by inserting “and a photograph taken during the previous 180 days” after “dental records”;
(C)
added in subparagraph (B), by striking “and” at the end;
(D)
added by redesignating subparagraph (C) as subparagraph (D);
(E)
added by inserting after subparagraph (B) the following:

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;”

(F)
added in subparagraph (D), as redesignated—
(i)
added by inserting “State and local child welfare systems and” before “the National Center for Missing and Exploited Children”; and
(ii)
added by striking the period at the end and inserting “; and”; and
(G)
added by adding at the end the following:

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

added
(a)
added Definition— In this section, the term covered grant means a grant awarded by the Attorney General under section 203 of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044b), as amended by section 103.
(b)
added Accountability— All covered grants shall be subject to the following accountability provisions:
(1)
added Audit requirement—
(A)
added In general— Beginning in the first fiscal year beginning after the date of enactment of this Act, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of a covered grant to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year.
(B)
added Definition— In this paragraph, the term unresolved audit finding means a finding in the final audit report of the Inspector General that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued.
(C)
added Mandatory exclusion— A recipient of a covered grant that is found to have an unresolved audit finding shall not be eligible to receive a covered grant during the following 2 fiscal years.
(D)
added Priority— In awarding covered grants the Attorney General shall give priority to eligible entities that did not have an unresolved audit finding during the 3 fiscal years prior to submitting an application for a covered grant.
(E)
added Reimbursement— If an entity is awarded a covered grant during the 2-fiscal-year period in which the entity is barred from receiving grants under subparagraph (C), the Attorney General shall—
(i)
added deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and
(ii)
added seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.
(2)
added Nonprofit organization requirements—
(A)
added Definition— For purposes of this paragraph and covered grants, the term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code.
(B)
added Prohibition— The Attorney General may not award a covered grant to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986.
(C)
added Disclosure— Each nonprofit organization that is awarded a covered grant and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees, shall disclose to the Attorney General, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Attorney General shall make the information disclosed under this subsection available for public inspection.
(3)
added Conference expenditures—
(A)
added Limitation— No amounts transferred to the Department of Justice under this title, or the amendments made by this title, may be used by the Attorney General, or by any individual or organization awarded discretionary funds through a cooperative agreement under this title, or the amendments made by this title, to host or support any expenditure for conferences that uses more than $20,000 in Department funds, unless the Deputy Attorney General or such Assistant Attorney Generals, Directors, or principal deputies as the Deputy Attorney General may designate, provides prior written authorization that the funds may be expended to host a conference.
(B)
added Written approval— Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audiovisual equipment, honoraria for speakers, and any entertainment.
(C)
added Report— The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all approved conference expenditures referenced in this paragraph.
(D)
added Annual certification— Beginning in the first fiscal year beginning after the date of enactment of this title, the Attorney General shall submit, to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, an annual certification that—
(i)
added all audits issued by the Office of the Inspector General under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director;
(ii)
added all mandatory exclusions required under paragraph (1)(C) have been issued;
(iii)
added all reimbursements required under paragraph (1)(E) have been made; and
(iv)
added includes a list of any grant recipients excluded under paragraph (1) from the previous year.
(4)
added Prohibition on lobbying activity—
(A)
added In general— Amounts awarded under this title, or any amendments made by this title, may not be utilized by any grant recipient to—
(i)
added lobby any representative of the Department of Justice regarding the award of grant funding; or
(ii)
added lobby any representative of a Federal, State, local, or tribal government regarding the award of grant funding.
(B)
added Penalty— If the Attorney General determines that any recipient of a covered grant has violated subparagraph (A), the Attorney General shall—
(i)
added require the grant recipient to repay the grant in full; and
(ii)
added prohibit the grant recipient from receiving another covered grant for not less than 5 years.

118. SAVE Act

added
(a)
added Short title— This section may be cited as the “Stop Advertising Victims of Exploitation Act of 2015” or the “SAVE Act of 2015”.
(b)
added Advertising that offers certain commercial acts—
(1)
added In general— Section 1591(a)(1) of title 18, United States Code, as amended by this Act, is further amended by inserting “advertises,” after “obtains,”.
(2)
added Mens REA requirement— Section 1591(a) of title 18, United States Code, is amended in the undesignated matter following paragraph (2), by inserting “, except where the act constituting the violation of paragraph (1) is advertising,” after “knowing, or”.
(3)
added Conforming amendments— Section 1591(b) of title 18, United States Code, as amended by this Act, is further amended—
(A)
added in paragraph (1), by inserting “advertised,” after “obtained,”; and
(B)
added in paragraph (2), by inserting “advertised,” after “obtained,”.

119. Education and outreach to trafficking survivors

added

added 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—

(1)
added counseling and hotline resources;
(2)
added housing resources;
(3)
added legal assistance; and
(4)
added other services for trafficking survivors.

120. Expanded statute of limitations for civil actions by child trafficking survivors

added

added 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

added
(a)
added Study— The Comptroller General of the United States shall conduct a study on each program or initiative authorized under this Act and the following statutes and evaluate whether any program or initiative is duplicative:
(1)
added Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109–164; 119 Stat. 3558).
(2)
added Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.).
(3)
added Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.).
(4)
added Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.).
(5)
added Missing Children’s Assistance Act (42 U.S.C. 5771 et seq.).
(b)
added Report— Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the study conducted under subsection (a), which shall include—
(1)
added a description of the cost of any duplicative program or initiative studied under subsection (a); and
(2)
added recommendations on how to achieve cost savings with respect to each duplicative program or initiative studied under subsection (a).

201. Amendments to the Runaway and Homeless Youth Act

added

added The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) is amended—

(1)
added in section 343(b)(5) (42 U.S.C. 5714–23(b)(5))—
(A)
added in subparagraph (A) by inserting “, severe forms of trafficking in persons (as defined in section 103(9) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9))), and sex trafficking (as defined in section 103(10) of such Act (22 U.S.C. 7102(10)))” before the semicolon at the end;
(B)
added in subparagraph (B) by inserting “, severe forms of trafficking in persons (as defined in section 103(9) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9))), or sex trafficking (as defined in section 103(10) of such Act (22 U.S.C. 7102(10)))” after “assault”; and
(C)
added in subparagraph (C) by inserting “, including such youth who are victims of trafficking (as defined in section 103(15) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(15)))” before the semicolon at the end; and
(2)
added in section 351(a) (42 U.S.C. 5714–41(a)) by striking “or sexual exploitation” and inserting “sexual exploitation, severe forms of trafficking in persons (as defined in section 103(9) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9))), or sex trafficking (as defined in section 103(10) of such Act (22 U.S.C. 7102(10)))”.

211. Response to victims of child sex trafficking

added

added 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

added

added 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

added
(a)
added Review— The Interagency Task Force to Monitor and Combat Trafficking, established under section 105 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103), shall conduct a review that, with regard to trafficking in persons in the United States—
(1)
added in consultation with nongovernmental organizations that the Task Force determines appropriate, surveys and catalogs the activities of the Federal Government and State governments—
(A)
added to deter individuals from committing trafficking offenses; and
(B)
added to prevent children from becoming victims of trafficking;
(2)
added surveys academic literature on—
(A)
added deterring individuals from committing trafficking offenses;
(B)
added preventing children from becoming victims of trafficking;
(C)
added the commercial sexual exploitation of children; and
(D)
added other similar topics that the Task Force determines to be appropriate;
(3)
added identifies best practices and effective strategies—
(A)
added to deter individuals from committing trafficking offenses; and
(B)
added to prevent children from becoming victims of trafficking; and
(4)
added identifies current gaps in research and data that would be helpful in formulating effective strategies—
(A)
added to deter individuals from committing trafficking offenses; and
(B)
added to prevent children from becoming victims of trafficking.
(b)
added Report— Not later than 1 year after the date of the enactment of this Act, the Interagency Task Force to Monitor and Combat Trafficking shall provide to Congress, and make publicly available in electronic format, a report on the review conducted pursuant to subparagraph (a).

223. GAO Report on intervention

added

added 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—

(1)
added the efforts of Federal and select State law enforcement agencies to combat human trafficking in the United States; and
(2)
added each Federal grant program, a purpose of which is to combat human trafficking or assist victims of trafficking, as specified in an authorizing statute or in a guidance document issued by the agency carrying out the grant program.

224. Provision of housing permitted to protect and assist in the recovery of victims of trafficking

added

added 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

added

added Section 105(c)(4) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(c)(4)) is amended—

(1)
added by striking “Appropriate personnel” and inserting the following:

added “(A) In general—Appropriate personnel”

(2)
added in subparagraph (A), as redesignated, by inserting “, including members of the Service (as such term is defined in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903))” after “Department of State”; and
(3)
added by adding at the end the following:

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

added

added This title may be cited as the “Human Exploitation Rescue Operations Act of 2015” or the “HERO Act of 2015”.

302. HERO Act

added
(a)
added Findings— Congress finds the following:
(1)
added The illegal market for the production and distribution of child abuse imagery is a growing threat to children in the United States. International demand for this material creates a powerful incentive for the rape, abuse, and torture of children within the United States.
(2)
added The targeting of United States children by international criminal networks is a threat to the homeland security of the United States. This threat must be fought with trained personnel and highly specialized counter-child-exploitation strategies and technologies.
(3)
added The United States Immigration and Customs Enforcement of the Department of Homeland Security serves a critical national security role in protecting the United States from the growing international threat of child exploitation and human trafficking.
(4)
added The Cyber Crimes Center of the United States Immigration and Customs Enforcement is a vital national resource in the effort to combat international child exploitation, providing advanced expertise and assistance in investigations, computer forensics, and victim identification.
(5)
added The returning military heroes of the United States possess unique and valuable skills that can assist law enforcement in combating global sexual and child exploitation, and the Department of Homeland Security should use this national resource to the maximum extent possible.
(6)
added Through the Human Exploitation Rescue Operative (HERO) Child Rescue Corps program, the returning military heroes of the United States are trained and hired to investigate crimes of child exploitation in order to target predators and rescue children from sexual abuse and slavery.
(b)
added Cyber crimes center, child exploitation investigations unit, and computer forensics unit—
(1)
added In general— Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following:

added “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.”

(2)
added Table of contents amendment— The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note) is amended by adding after the item relating to section 890 the following:
(c)
added HERO corps hiring— It is the sense of Congress that Homeland Security Investigations of the United States Immigration and Customs Enforcement should hire, recruit, train, and equip wounded, ill, or injured military veterans (as defined in section 101, title 38, United States Code) who are affiliated with the HERO Child Rescue Corps program for investigative, intelligence, analyst, and forensic positions.
(d)
added Investigating child exploitation— Section 307(b)(3) of the Homeland Security Act of 2002 (6 U.S.C. 187(b)(3)) is amended—
(1)
added in subparagraph (B), by striking “and” at the end;
(2)
added in subparagraph (C), by striking the period at the end and inserting “; and”; and
(3)
added by adding at the end the following:

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

added

added 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

added

added This title may be cited as the “Rape Survivor Child Custody Act”.

402. Definitions

added

added In this title:

(1)
added Covered formula grant— The term covered formula grant means a grant under—
(A)
added part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) (commonly referred to as the “STOP Violence Against Women Formula Grant Program”); or
(B)
added section 41601 of the Violence Against Women Act of 1994 (42 U.S.C. 14043g) (commonly referred to as the “Sexual Assault Services Program”).
(2)
added Termination—
(A)
added In general— The term termination means, when used with respect to parental rights, a complete and final termination of the parent’s right to custody of, guardianship of, visitation with, access to, and inheritance from a child.
(B)
added Rule of construction— Nothing in this paragraph shall be construed to require a State, in order to receive an increase in the amount provided to the State under the covered formula grants under this title, to have in place a law that terminates any obligation of a person who fathered a child through rape to support the child.

403. Findings

added

added Congress finds the following:

(1)
added Men who father children through rape should be prohibited from visiting or having custody of those children.
(2)
added Thousands of rape-related pregnancies occur annually in the United States.
(3)
added A substantial number of women choose to raise their child conceived through rape and, as a result, may face custody battles with their rapists.
(4)
added Rape is one of the most under-prosecuted serious crimes, with estimates of criminal conviction occurring in less than 5 percent of rapes.
(5)
added The clear and convincing evidence standard is the most common standard for termination of parental rights among the 50 States, territories, and the District of Columbia.
(6)
added The Supreme Court established that the clear and convincing evidence standard satisfies due process for allegations to terminate or restrict parental rights in Santosky v. Kramer (455 U.S. 745 (1982)).
(7)
added Currently only 10 States have statutes allowing rape survivors to petition for the termination of parental rights of the rapist based on clear and convincing evidence that the child was conceived through rape.
(8)
added A rapist pursuing parental or custody rights causes the survivor to have continued interaction with the rapist, which can have traumatic psychological effects on the survivor, and can make it more difficult for her to recover.
(9)
added These traumatic effects on the mother can severely negatively impact her ability to raise a healthy child.
(10)
added Rapists may use the threat of pursuing custody or parental rights to coerce survivors into not prosecuting rape, or otherwise harass, intimidate, or manipulate them.

404. Increased funding for formula grants authorized

added

added 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

added

added 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

added

added 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

added
(a)
added In general— The Attorney General shall provide an increase in the amount provided to a State under the covered formula grants under this title for a 2-year period.
(b)
added Limit— The Attorney General may not provide an increase in the amount provided to a State under the covered formula grants under this title more than 4 times.

408. Allocation of increased formula grant funds

added

added The Attorney General shall allocate an increase in the amount provided to a State under the covered formula grants under this title such that—

(1)
added 25 percent the amount of the increase is provided under the program described in section 402(1)(A); and
(2)
added 75 percent the amount of the increase is provided under the program described in section 402(1)(B).

409. Authorization of appropriations

added

added 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

added

added 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

added
(a)
added In general— The Sex Offender Registration and Notification Act is amended by inserting after section 128 (42 U.S.C. 16928) the following:

added “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.”

(b)
added Technical and conforming amendment— The table of contents of the Adam Walsh Child Protection and Safety Act is amended by inserting after the item relating to section 128 the following:

601. Safe Harbor Incentives

added

added 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—

(1)
added in section 1701(c), 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 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.”

(2)
added in section 1709, by inserting at the end the following:

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

added

added 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—

(1)
added by inserting after “1590,” the following: “1591,”;
(2)
added by striking “and 1594” and inserting “1594, 2251, 2251A, 2421, 2422, and 2423”;
(3)
added in clause (iv), by striking “and” at the end;
(4)
added in clause (v), by striking “and” at the end; and
(5)
added by inserting after clause (v) the following:

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

added

added 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—

(1)
added by striking “Subject” and inserting the following:

added “(i) In general—Subject”

(2)
added by adding at the end the following:

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

added

added 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

added

added Section 566(e)(1) of title 28, United States Code, is amended—

(1)
added in subparagraph (B), by striking “and” at the end;
(2)
added in subparagraph (C), by striking the period at the end and inserting “; and”; and
(3)
added by inserting after subparagraph (C) the following:

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

added
(a)
added In general— The Attorney General shall implement and maintain a National Strategy for Combating Human Trafficking (referred to in this section as the “National Strategy”) in accordance with this section.
(b)
added Required contents of national strategy— The National Strategy shall include the following:
(1)
added Integrated Federal, State, local, and tribal efforts to investigate and prosecute human trafficking cases, including—
(A)
added the development by each United States attorney, in consultation with State, local, and tribal government agencies, of a district-specific strategic plan to coordinate the identification of victims and the investigation and prosecution of human trafficking crimes;
(B)
added the appointment of not fewer than 1 assistant United States attorney in each district dedicated to the prosecution of human trafficking cases or responsible for implementing the National Strategy;
(C)
added the participation in any Federal, State, local, or tribal human trafficking task force operating in the district of the United States attorney; and
(D)
added any other efforts intended to enhance the level of coordination and cooperation, as determined by the Attorney General.
(2)
added Case coordination within the Department of Justice, including specific integration, coordination, and collaboration, as appropriate, on human trafficking investigations between and among the United States attorneys, the Human Trafficking Prosecution Unit, the Child Exploitation and Obscenity Section, and the Federal Bureau of Investigation.
(3)
added Annual budget priorities and Federal efforts dedicated to preventing and combating human trafficking, including resources dedicated to the Human Trafficking Prosecution Unit, the Child Exploitation and Obscenity Section, the Federal Bureau of Investigation, and all other entities that receive Federal support that have a goal or mission to combat the exploitation of adults and children.
(4)
added An ongoing assessment of the future trends, challenges, and opportunities, including new investigative strategies, techniques, and technologies, that will enhance Federal, State, local, and tribal efforts to combat human trafficking.
(5)
added Encouragement of cooperation, coordination, and mutual support between private sector and other entities and organizations and Federal agencies to combat human trafficking, including the involvement of State, local, and tribal government agencies to the extent Federal programs are involved.

701. Short title

added

added This title may be cited as the “Trafficking Awareness Training for Health Care Act of 2015”.

702. Development of best practices

added
(a)
added Grant or contract for development of best practices—
(1)
added In general— Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services acting through the Administrator of the Health Resources and Services Administration, and in consultation with the Administration on Children and Families and other agencies with experience in serving victims of human trafficking, shall award, on a competitive basis, a grant or contract to an eligible entity to train health care professionals to recognize and respond to victims of a severe form of trafficking.
(2)
added Development of evidence-based best practices— An entity receiving a grant under paragraph (1) shall develop evidence-based best practices for health care professionals to recognize and respond to victims of a severe form of trafficking, including—
(A)
added consultation with law enforcement officials, social service providers, health professionals, experts in the field of human trafficking, and other experts, as appropriate, to inform the development of such best practices;
(B)
added the identification of any existing best practices or tools for health professionals to recognize potential victims of a severe form of trafficking; and
(C)
added the development of educational materials to train health care professionals on the best practices developed under this subsection.
(3)
added Requirements— Best practices developed under this subsection shall address—
(A)
added risk factors and indicators to recognize victims of a severe form of trafficking;
(B)
added patient safety and security;
(C)
added the management of medical records of patients who are victims of a severe form of trafficking;
(D)
added public and private social services available for rescue, food, clothing, and shelter referrals;
(E)
added the hotlines for reporting human trafficking maintained by the National Human Trafficking Resource Center and the Department of Homeland Security;
(F)
added validated assessment tools for the identification of victims of a severe form of trafficking; and
(G)
added referral options and procedures for sharing information on human trafficking with a patient and making referrals for legal and social services as appropriate.
(4)
added Pilot program— An entity receiving a grant under paragraph (1) shall design and implement a pilot program to test the best practices and educational materials identified or developed with respect to the recognition of victims of human trafficking by health professionals at health care sites located near an established anti-human trafficking task force initiative in each of the 10 administrative regions of the Department of Health and Human Services.
(5)
added Analysis and report— Not later than 24 months after the date on which an entity implements a pilot program under paragraph (4), the entity shall—
(A)
added analyze the results of the pilot programs, including through an assessment of—
(i)
added changes in the skills, knowledge, and attitude of health care professionals resulting from the implementation of the program;
(ii)
added the number of victims of a severe form of trafficking who were identified under the program;
(iii)
added of those victims identified, the number who received information or referrals for services offered; and
(iv)
added of those victims who received such information or referrals—
(I)
added the number who participated in follow up services; and
(II)
added the type of follow up services received;
(B)
added determine, using the results of the analysis conducted under subparagraph (A), the extent to which the best practices developed under this subsection are evidence-based; and
(C)
added submit to the Secretary of Health and Human Services a report concerning the pilot program and the analysis of the pilot program under subparagraph (A), including an identification of the best practices that were identified as effective and those that require further review.
(b)
added Dissemination— Not later than 30 months after date on which a grant is awarded to an eligible entity under subsection (a), the Secretary of Health and Human Services shall—
(1)
added collaborate with appropriate professional associations and health care professional schools to disseminate best practices identified or developed under subsection (a) for purposes of recognizing potential victims of a severe form of trafficking; and
(2)
added post on the public website of the Department of Health and Human Services the best practices that are identified by the as effective under subsection (a)(5).

703. Definitions

added

added In this title:

(1)
added The term eligible entity means an accredited school of medicine or nursing with experience in the study or treatment of victims of a severe form of trafficking.
(2)
added The term eligible site means a health center that is receiving assistance under section 330, 399Z–1, or 1001 of the Public Health Service Act (42 U.S.C. 254b, 280h–5, and 300).
(3)
added The term health care professional means a person employed by a health care provider who provides to patients information (including information not related to medical treatment), scheduling, services, or referrals.
(4)
added The term HIPAA privacy and security law has the meaning given to such term in section 3009 of the Public Health Service Act (42 U.S.C. 300jj–19).
(5)
added The term victim of a severe form of trafficking has the meaning given to such term in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).

704. No additional authorization of appropriations

added

added 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

added

added This title may be cited as the “Ensuring a Better Response for Victims of Child Sex Trafficking ”.

802. CAPTA amendments

added
(a)
added In general— The amendments to the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.) made by this section shall take effect 2 years after the date of the enactment of this Act.
(b)
added State plans— Section 106 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a) is amended—
(1)
added in subsection (b)(2)(B)—
(A)
added in clause (xxii), by striking “and” at the end; and
(B)
added by adding at the end the following:

added “(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;”

(2)
added in subsection (d), by adding at the end the following:

added “(17) The number of children determined to be victims described in subsection (b)(2)(B)(xxiv).”

(c)
added Special rule—
(1)
added In general— Section 111 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106g) is amended—
(A)
added by striking “For purposes” and inserting the following:

added “(a) Definitions—For purposes”

(B)
added by adding at the end the following:

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.”

(2)
added Conforming amendment— Section 3(2) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note) is amended by inserting “(including sexual abuse as determined under section 111)” after “sexual abuse or exploitation”.
(3)
added Technical correction— Paragraph (5)(C) of subsection (a), as so designated, of section 111 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106g) is amended by striking “inhumane;” and inserting “inhumane.”.

901. Definitions

added

added In this title:

(1)
added Department— The term Department means the Department of Homeland Security.
(2)
added Human trafficking— The term human trafficking means an act or practice described in paragraph (9) or (10) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
(3)
added Secretary— The term Secretary means the Secretary of Homeland Security.

902. Training for Department personnel to identify human trafficking

added
(a)
added In General— Not later than 180 days after the date of the enactment of this Act, the Secretary shall implement a program to—
(1)
added train and periodically retrain relevant Transportation Security Administration, U.S. Customs and Border Protection, and other Department personnel that the Secretary considers appropriate, with respect to how to effectively deter, detect, and disrupt human trafficking, and, where appropriate, interdict a suspected perpetrator of human trafficking, during the course of their primary roles and responsibilities; and
(2)
added ensure that the personnel referred to in paragraph (1) regularly receive current information on matters related to the detection of human trafficking, including information that becomes available outside of the Department’s initial or periodic retraining schedule, to the extent relevant to their official duties and consistent with applicable information and privacy laws.
(b)
added Training described— The training referred to in subsection (a) may be conducted through in-class or virtual learning capabilities, and shall include—
(1)
added methods for identifying suspected victims of human trafficking and, where appropriate, perpetrators of human trafficking;
(2)
added for appropriate personnel, methods to approach a suspected victim of human trafficking, where appropriate, in a manner that is sensitive to the suspected victim and is not likely to alert a suspected perpetrator of human trafficking;
(3)
added training that is most appropriate for a particular location or environment in which the personnel receiving such training perform their official duties;
(4)
added other topics determined by the Secretary to be appropriate; and
(5)
added a post-training evaluation for personnel receiving the training.
(c)
added Training curriculum review— The Secretary shall annually reassess the training program established under subsection (a) to ensure it is consistent with current techniques, patterns, and trends associated with human trafficking.

903. Certification and report to Congress

added
(a)
added Certification— Not later than 1 year after the date of the enactment of this Act, the Secretary shall certify to Congress that all personnel referred to in section 402(a) have successfully completed the training required under that section.
(b)
added Report to Congress— Not later than 1 year after the date of the enactment of this Act and annually thereafter, the Secretary shall report to Congress with respect to the overall effectiveness of the program required by this title, the number of cases reported by Department personnel in which human trafficking was suspected, and, of those cases, the number of cases that were confirmed cases of human trafficking.

904. Assistance to non-Federal entities

added

added 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

added

added Section 3014(e)(1) of title 18, United States Code, as added by section 101 of this Act, is amended—

(1)
added in subparagraph (B), by striking “and” at the end;
(2)
added in subparagraph (C), by striking the period at the end and inserting “; and”; and
(3)
added by adding at the end the following:

added “(D) section 106 of the PROTECT Our Children Act of 2008 (42 U.S.C. 17616).”

1001. Short title

added

added This title may be cited as the “Human Trafficking Survivors Relief and Empowerment Act of 2015”.

1002. Protections for human trafficking survivors

added

added 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.”