US Codex
Pub. L.
Notes

Title I — Justice for Victims of Trafficking

114th Congress · Approved May 29, 2015 · 129 Stat. 227

TITLE I Justice for Victims of Trafficking

SEC. 101. Domestic Trafficking Victims’ Fund.

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

Ҥ 3014. Additional special assessment

“(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 undersection 3013, the court shall assess an amount of $5,000 on any non-indigent person or entity convicted of an offense under—

“(1) chapter 77 (relating to peonage, slavery, and trafficking in persons);

“(2) chapter 109A (relating to sexual abuse);

“(3) chapter 110 (relating to sexual exploitation and other abuse of children);

“(4) chapter 117 (relating to transportation for illegal sexual activity and related crimes); or

“(5) section 274 of the Immigration and Nationality Act (8 U.S.C. 1324) (relating to human smuggling), unless the person induced, assisted, abetted, or aided only an individual who at the time of such action was the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.

“(b) Satisfaction of Other Court-Ordered Obligations.—An assessment under subsection (a) shall not be payable until the person subject to the assessment has satisfied all outstanding court-ordered fines, orders of restitution, and any other obligation related to victim-compensation arising from the criminal convictions on which the special assessment is based.

“(c) Establishment of Domestic Trafficking Victims’ Fund.—There is established in the Treasury of the United States a fund, to be known as the ‘Domestic Trafficking Victims’ Fund’ (referred to in this section as the ‘Fund’), to be administered by the Attorney General, in consultation with the Secretary of Homeland Security and the Secretary of Health and Human Services.

“(d) 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.

“(e) Use of Funds.—

“(1) In general.—From amounts in the Fund, in addition to any other amounts available, and without further appropriation, the Attorney General, in coordination with the Secretary of Health and Human Services shall, for each of fiscal years 2016 through 2019, use amounts available in the Fund to award grants or enhance victims’ programming under—

“(A) section 204 of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044c);

“(B) subsections (b)(2) and (f) of section 107 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105); and

“(C) section 214(b) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13002(b)).

“(2) 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.

“(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.

“(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.

“(h) Health or Medical Services.—

“(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.

“(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—

“(A) sections 202, 203, and 204 of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044a, 14044b, and 14044c);

“(B) subsections (b)(2) and (f) of section 107 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105); and

“(C) section 214(b) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13002(b)).

“(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)).

“(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)
Technical and Conforming Amendment.— The table of sections for chapter 201 of title 18, United States Code, is amended by inserting after the item relating to section 3013 the following:

“3014. Additional special assessment.”.

SEC. 102. Clarifying the Benefits and Protections Offered to Domestic Victims of Human Trafficking.

Section 107(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)) is amended—
(1)
by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively;
(2)
by inserting after subparagraph (E) the following:

“(F) No requirement of official certification for united states citizens and lawful permanent residents.—Nothing in this section may be construed to require United States citizens or lawful permanent residents who are victims of severe forms of trafficking to obtain an official certification from the Secretary of Health and Human Services in order to access any of the specialized services described in this subsection or any other Federal benefits and protections to which they are otherwise entitled.”

; and

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

SEC. 103. Victim-Centered Child Human Trafficking Deterrence Block Grant Program.

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

“SEC. 203. VICTIM-CENTERED CHILD HUMAN TRAFFICKING DETERRENCE BLOCK GRANT PROGRAM.

“(a) Grants Authorized.—The Attorney General may award block grants to an eligible entity to develop, improve, or expand domestic child human trafficking deterrence programs that assist law enforcement officers, prosecutors, judicial officials, and qualified victims’ services organizations in collaborating to rescue and restore the lives of victims, while investigating and prosecuting offenses involving child human trafficking.

“(b) Authorized Activities.—Grants awarded under subsection (a) may be used for—

“(1) the establishment or enhancement of specialized training programs for law enforcement officers, first responders, health care officials, child welfare officials, juvenile justice personnel, prosecutors, and judicial personnel to—

“(A) identify victims and acts of child human trafficking;

“(B) address the unique needs of child victims of human trafficking;

“(C) facilitate the rescue of child victims of human trafficking;

“(D) investigate and prosecute acts of human trafficking, including the soliciting, patronizing, or purchasing of commercial sex acts from children, as well as training to build cases against complex criminal networks involved in child human trafficking; and

“(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;

“(2) the establishment or enhancement of dedicated anti-trafficking law enforcement units and task forces to investigate child human trafficking offenses and to rescue victims, including—

“(A) funding salaries, in whole or in part, for law enforcement officers, including patrol officers, detectives, and investigators, except that the percentage of the salary of the law enforcement officer paid for by funds from a grant awarded under this section shall not be more than the percentage of the officer’s time on duty that is dedicated to working on cases involving child human trafficking;

“(B) investigation expenses for cases involving child human trafficking, including—

“(i) wire taps;

“(ii) consultants with expertise specific to cases involving child human trafficking;

“(iii) travel; and

“(iv) other technical assistance expenditures;

“(C) dedicated anti-trafficking prosecution units, including the funding of salaries for State and local prosecutors, including assisting in paying trial expenses for prosecution of child human trafficking offenders, except that the percentage of the total salary of a State or local prosecutor that is paid using an award under this section shall be not more than the percentage of the total number of hours worked by the prosecutor that is spent working on cases involving child human trafficking;

“(D) the establishment of child human trafficking victim witness safety, assistance, and relocation programs that encourage cooperation with law enforcement investigations of crimes of child human trafficking by leveraging existing resources and delivering child human trafficking victims’ services through coordination with—

“(i) child advocacy centers;

“(ii) social service agencies;

“(iii) State governmental health service agencies;

“(iv) housing agencies;

“(v) legal services agencies; and

“(vi) nongovernmental organizations and shelter service providers with substantial experience in delivering wrap-around services to victims of child human trafficking; and

“(E) the establishment or enhancement of other necessary victim assistance programs or personnel, such as victim or child advocates, child-protective services, child forensic interviews, or other necessary service providers;

“(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

“(4) the establishment or enhancement of problem solving court programs for trafficking victims that include—

“(A) mandatory and regular training requirements for judicial officials involved in the administration or operation of the court program described under this paragraph;

“(B) continuing judicial supervision of victims of child human trafficking, 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;

“(C) the development of a specialized and individualized, court-ordered treatment program for identified victims of child human trafficking, including—

“(i) State-administered outpatient treatment;

“(ii) life skills training;

“(iii) housing placement;

“(iv) vocational training;

“(v) education;

“(vi) family support services; and

“(vii) job placement;

“(D) centralized case management involving the consolidation of all of each child human trafficking victim’s cases and offenses, and the coordination of all trafficking victim treatment programs and social services;

“(E) regular and mandatory court appearances by the victim during the duration of the treatment program for purposes of ensuring compliance and effectiveness;

“(F) the ultimate dismissal of relevant non-violent criminal charges against the victim, where such victim successfully complies with the terms of the court-ordered treatment program; and

“(G) collaborative efforts with child advocacy centers, child welfare agencies, shelters, and nongovernmental organizations with substantial experience in delivering wrap-around services to victims of child human trafficking to provide services to victims and encourage cooperation with law enforcement.

“(c) Application.—

“(1) In general.—An eligible entity shall submit an application to the Attorney General for a grant under this section in such form and manner as the Attorney General may require.

“(2) Required information.—An application submitted under this subsection shall—

“(A) describe the activities for which assistance under this section is sought;

“(B) include a detailed plan for the use of funds awarded under the grant;

“(C) provide such additional information and assurances as the Attorney General determines to be necessary to ensure compliance with the requirements of this section; and

“(D) disclose—

“(i) any other grant funding from the Department of Justice or from any other Federal department or agency for purposes similar to those described in subsection (b) for which the eligible entity has applied, and which application is pending on the date of the submission of an application under this section; and

“(ii) any other such grant funding that the eligible entity has received during the 5-year period ending on the date of the submission of an application under this section.

“(3) Preference.—In reviewing applications submitted in accordance with paragraphs (1) and (2), the Attorney General shall give preference to grant applications if—

“(A) the application includes a plan to use awarded funds to engage in all activities described under paragraphs (1) through (3) of subsection (b); or

“(B) the application includes a plan by the State or unit of local government to continue funding of all activities funded by the award after the expiration of the award.

“(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.

“(d) Duration and Renewal of Award.—

“(1) In general.—A grant under this section shall expire 3 years after the date of award of the grant.

“(2) Renewal.—A grant under this section shall be renewable not more than 2 times and for a period of not greater than 2 years.

“(e) Evaluation.—The Attorney General shall—

“(1) enter into a contract with a nongovernmental organization, including an academic or nonprofit organization, that has experience with issues related to child human trafficking and evaluation of grant programs to conduct periodic evaluations of grants made under this section to determine the impact and effectiveness of programs funded with grants awarded under this section;

“(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

“(3) submit the results of any evaluation conducted pursuant to paragraph (1) to—

“(A) the Committee on the Judiciary of the Senate; and

“(B) the Committee on the Judiciary of the House of Representatives.

“(f) Mandatory Exclusion.—An eligible entity awarded funds under this section that is found to have used grant funds for any unauthorized expenditure or otherwise unallowable cost shall not be eligible for any grant funds awarded under the block grant for 2 fiscal years following the year in which the unauthorized expenditure or unallowable cost is reported.

“(g) Compliance Requirement.—An eligible entity shall not be eligible to receive a grant under this section if within the 5 fiscal years before submitting an application for a grant under this section, the grantee has been found to have violated the terms or conditions of a Government grant program by utilizing grant funds for unauthorized expenditures or otherwise unallowable costs.

“(h) Administrative Cap.—The cost of administering the grants authorized by this section shall not exceed 5 percent of the total amount expended to carry out this section.

“(i) Federal Share.—The Federal share of the cost of a program funded by a grant awarded under this section shall be—

“(1) 70 percent in the first year;

“(2) 60 percent in the second year; and

“(3) 50 percent in the third year, and in all subsequent years.

“(j) Authorization of Funding; Fully Offset.—For purposes of carrying out this section, the Attorney General, in consultation with the Secretary of Health and Human Services, is authorized to award not more than $7,000,000 of the funds available in the Domestic Trafficking Victims’ Fund, established under section 3014 of title 18, United States Code, for each of fiscal years 2016 through 2020.

“(k) Definitions.—In this section—

“(1) the term ‘child’ means a person under the age of 18;

“(2) the term ‘child advocacy center’ means a center created under subtitle A of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.);

“(3) the term ‘child human trafficking’ means 1 or more severe forms of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)) involving a victim who is a child; and

“(4) the term ‘eligible entity’ means a State or unit of local government that—

“(A) has significant criminal activity involving child human trafficking;

“(B) has demonstrated cooperation between Federal, State, local, and, where applicable, tribal law enforcement agencies, prosecutors, and social service providers in addressing child human trafficking;

“(C) has developed a workable, multi-­disciplinary plan to combat child human trafficking, including—

“(i) the establishment of a shelter for victims of child human trafficking, through existing or new facilities;

“(ii) the provision of trauma-­informed, gender-responsive rehabilitative care to victims of child human trafficking;

“(iii) the provision of specialized training for law enforcement officers and social service providers for all forms of human trafficking, with a focus on domestic child human trafficking;

“(iv) prevention, deterrence, and prosecution of offenses involving child human trafficking, including soliciting, patronizing, or purchasing human acts with children;

“(v) cooperation or referral agreements with organizations providing outreach or other related services to runaway and homeless youth;

“(vi) law enforcement protocols or procedures to screen all individuals arrested for prostitution, whether adult or child, for victimization by sex trafficking and by other crimes, such as sexual assault and domestic violence; and

“(vii) cooperation or referral agreements with State child welfare agencies and child advocacy centers; and

“(D) provides an assurance that, under the plan under subparagraph (C), a victim of child human trafficking shall not be required to collaborate with law enforcement officers to have access to any shelter or services provided with a grant under this section.

“(l) Grant Accountability; Specialized Victims’ Service Requirement.—No grant funds under this section may be awarded or transferred to any entity unless such entity has demonstrated substantial experience providing services to victims of human trafficking or related populations (such as runaway and homeless youth), or employs staff specialized in the treatment of human trafficking victims.”

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

“Sec. 203. Victim-centered child human trafficking deterrence block grant program.”.

SEC. 104. Direct Services for Victims of Child Pornography.

The Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.) is amended—
(1)
in section 212(5) (42 U.S.C. 13001a(5)), by inserting “ , including human trafficking and the production of child pornography” before the semicolon at the end; and
(2)
in section 214 (42 U.S.C. 13002)—
(A)
by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and
(B)
by inserting after subsection (a) the following:

“(b) Direct Services for Victims of Child Pornography.—The Administrator, in coordination with the Director and with the Director of the Office of Victims of Crime, may make grants to develop and implement specialized programs to identify and provide direct services to victims of child pornography.”

SEC. 105. Increasing Compensation and Restitution for Trafficking Victims.

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

“(f) Transfer of Forfeited Assets.—

“(1) In general.—Notwithstanding any other provision of law, the Attorney General shall transfer assets forfeited pursuant to this section, or the proceeds derived from the sale thereof, to satisfy victim restitution orders arising from violations of this chapter.

“(2) Priority.—Transfers pursuant to paragraph (1) shall have priority over any other claims to the assets or their proceeds.

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

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

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

“9701. Fees and charges for Government services and things of value.

“9702. Investment of trust funds.

“9703. Managerial accountability and flexibility.

“9704. Pilot projects for managerial accountability and flexibility.

“9705. Department of the Treasury Forfeiture Fund.”.

SEC. 106. Streamlining Human Trafficking Investigations.

Section 2516 of title 18, United States Code, is amended—
(1)
in paragraph (1)—
(A)
in subparagraph (a), by inserting a comma after “ weapons)”;
(B)
in subparagraph (c)—
(i)
by inserting “ section 1581 (peonage), section 1584 (involuntary servitude), section 1589 (forced labor), section 1590 (trafficking with respect to peonage, slavery, involuntary servitude, or forced labor),” before “ section 1591”;
(ii)
by inserting “ section 1592 (unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor),” before “ section 1751”;
(iii)
by inserting a comma after “ virus)”;
(iv)
by striking “ ,, section” and inserting a comma;
(v)
by striking “ or” after “ misuse of passports),”; and
(vi)
by inserting “ or” before “ section 555”;
(C)
in subparagraph (j), by striking “ pipeline,)” and inserting “ pipeline),”; and
(D)
in subparagraph (p), by striking “ documents, section 1028A (relating to aggravated identity theft))” and inserting “ documents), section 1028A (relating to aggravated identity theft)”; and
(2)
in paragraph (2), by inserting “ human trafficking, child sexual exploitation, child pornography production,” after “ kidnapping”.

SEC. 107. Enhancing Human Trafficking Reporting.

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

“(i) Part 1 Violent Crimes To Include Human Trafficking.—For purposes of this section, the term ‘part 1 violent crimes’ shall include severe forms of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)).”

SEC. 108. Reducing Demand for Sex Trafficking.

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

SEC. 109. Sense of Congress.

It is the sense of Congress that—
(1)
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)
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)
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)
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.

SEC. 110. Using Existing Task Forces and Components to Target Offenders Who Exploit Children.

Not later than 180 days after the date of enactment of this Act, the Attorney General shall ensure that—
(1)
all task forces and working groups within the Innocence Lost National Initiative engage in activities, programs, or operations to increase the investigative capabilities of State and local law enforcement officers in the detection, investigation, and prosecution of persons who patronize, or solicit children for sex; and
(2)
all components and task forces with jurisdiction to detect, investigate, and prosecute cases of child labor trafficking engage in activities, programs, or operations to increase the capacity of such components to deter and punish child labor trafficking.

SEC. 111. Targeting Child Predators.

(a)
Clarifying That Child Pornography Producers Are Human Traffickers.— Section 2423(f) of title 18, United States Code, is amended—
(1)
by striking “ means (1) a” and inserting the following:

“(1) a”

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

“(2) any”

; and

(3)
by striking the period at the end and inserting the following:

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

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

SEC. 113. Crime Victims’ Rights.

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

“(9) The right to be informed in a timely manner of any plea bargain or deferred prosecution agreement.

“(10) The right to be informed of the rights under this section and the services described in section 503(c) of the Victims’ Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)) and provided contact information for the Office of the Victims’ Rights Ombudsman of the Department of Justice.”

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

“(1) Court of appeals.—The term ‘court of appeals’ means—

“(A) the United States court of appeals for the judicial district in which a defendant is being prosecuted; or

“(B) for a prosecution in the Superior Court of the District of Columbia, the District of Columbia Court of Appeals.

“(2) Crime victim.—

“(A) In general.—The term”

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

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

; and

(C)
by adding at the end the following:

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

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

SEC. 114. Combat Human Trafficking Act.

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

SEC. 115. Survivors of Human Trafficking Empowerment Act.

(a)
Short Title.— This section may be cited as the “Survivors of Human Trafficking Empowerment Act”.
(b)
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)
Membership.—
(1)
Composition.— The Council shall be composed of not less than 8 and not more than 14 individuals who are survivors of human trafficking.
(2)
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)
survivors of sex trafficking and survivors of labor trafficking; and
(B)
survivors who are United States citizens and survivors who are aliens lawfully present in the United States.
(3)
Appointment.— Not later than 180 days after the date of enactment of this Act, the President shall appoint the members of the Council.
(4)
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)
Functions.— The Council shall—
(1)
be a nongovernmental advisory body to the Group;
(2)
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)
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)
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)
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)
the chair of the Task Force;
(2)
the members of the Group;
(3)
the Committees on Foreign Affairs, Homeland Security, Appropriations, and the Judiciary of the House of Representatives; and
(4)
the Committees on Foreign Relations, Appropriations, Homeland Security and Governmental Affairs, and the Judiciary of the Senate.
(f)
Employee Status.— Members of the Council—
(1)
shall not be considered employees of the Federal Government for any purpose; and
(2)
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)
Nonapplicability of FACA.— The Council shall not be subject to the requirements under the Federal Advisory Committee Act (5 U.S.C. App.).
(h)
Sunset.— The Council shall terminate on September 30, 2020.

SEC. 116. Bringing Missing Children Home Act.

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

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

; and

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

“(C) notify the National Center for Missing and Exploited Children of each report received relating to a child reported missing from a foster care family home or childcare institution;”

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

“(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.”

SEC. 117. Grant Accountability.

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

SEC. 118. Save Act.

(a)
Short Title.— This section may be cited as the “Stop Advertising Victims of Exploitation Act of 2015” or the “SAVE Act of 2015”.
(b)
Advertising That Offers Certain Commercial Acts.—
(1)
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)
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)
Conforming amendments.— Section 1591(b) of title 18, United States Code, as amended by this Act, is further amended—
(A)
in paragraph (1), by inserting “ advertised,” after “ obtained,”; and
(B)
in paragraph (2), by inserting “ advertised,” after “ obtained,”.

SEC. 119. Education and Outreach to Trafficking Survivors.

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

SEC. 120. Expanded Statute of Limitations for Civil Actions by Child Trafficking Survivors.

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

“(1) 10 years after the cause of action arose; or

“(2) 10 years after the victim reaches 18 years of age, if the victim was a minor at the time of the alleged offense.”

SEC. 121. Gao Study and Report.

(a)
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)
Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109–164; 119 Stat. 3558).
(2)
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.).
(3)
Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.).
(4)
Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.).
(5)
Missing Children’s Assistance Act (42 U.S.C. 5771 et seq.).
(b)
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)
a description of the cost of any duplicative program or initiative studied under subsection (a); and
(2)
recommendations on how to achieve cost savings with respect to each duplicative program or initiative studied under subsection (a).