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S. 178 (114th): Justice for Victims of Trafficking Act of 2015

The text of the bill below is as of Mar 2, 2015 (Reported by Senate Committee).


II

Calendar No. 26

114th CONGRESS

1st Session

S. 178

IN THE SENATE OF THE UNITED STATES

January 13, 2015

(for himself, Ms. Klobuchar, Mr. Wyden, Mr. Kirk, Mr. Hatch, Mr. Graham, Mr. Coons, Mr. Udall, Mr. Coats, Mr. Crapo, Mr. Hoeven, Mr. Casey, Mrs. Feinstein, Mrs. Fischer, Mrs. Gillibrand, Mr. Boozman, Mr. Toomey, Mr. Grassley, Ms. Heitkamp, Mr. Scott, Mr. Thune, Ms. Collins, Ms. Ayotte, Mrs. Capito, Mr. Schumer, Mr. Rubio, and Mr. Blumenthal) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

March 2, 2015

Reported by , with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To provide justice for the victims of trafficking.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Justice for Victims of Trafficking Act of 2015.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Domestic Trafficking Victims' Fund.

Sec. 3. Official recognition of American victims of human trafficking.

Sec. 4. Victim-centered child human trafficking deterrence block grant program.

Sec. 5. Direct services for victims of child pornography.

Sec. 6. Increasing compensation and restitution for trafficking victims.

Sec. 7. Streamlining human trafficking investigations.

Sec. 8. Enhancing human trafficking reporting.

Sec. 9. Reducing demand for sex trafficking.

Sec. 10. Using existing task forces and components to target offenders who exploit children.

Sec. 11. Targeting child predators.

Sec. 12. Monitoring all human traffickers as violent criminals.

Sec. 13. Crime victims' rights.

Sec. 14. Combat Human Trafficking Act.

Sec. 15. Grant accountability.

2.

Domestic Trafficking Victims' Fund

(a)

In general

Chapter 201 of title 18, United States Code, is amended by adding at the end the following:

3014.

Additional special assessment

(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—

(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 and orders of restitution 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)

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.

(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 2020, use amounts available in the Fund to award grants or enhance victims' programming 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)).

(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)).

(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.

(f)

Transfers

(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).

(2)

Availability

Amounts transferred under paragraph (1)—

(A)

shall be available for any authorized purpose of the Crime Victims Fund; and

(B)

shall remain available until expended.

(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.

(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)

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.

.

3.

Official recognition of American victims of human trafficking

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

(1)

by redesignating subsection (f) (as originally enacted), as subsection (h); and

(2)

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:

(4)

Official recognition of american victims of human trafficking

(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.

(B)

Covered individual defined

In this subsection, the term covered individual means—

(i)

a citizen of the United States; or

(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))).

(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.

(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:

(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.

(ii)

Police, government agency, or court records or files.

(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.

(iv)

A statement from any other individual with knowledge of the circumstances that provided the basis for the claim.

(v)

Physical evidence.

(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.

(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

(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:

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;

(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

(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;

(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; and

(3)

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 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.

(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; and

(2)

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.

.

5.

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.

.

6.

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 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)

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)

U.S. 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(p); 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(p)(1).

(iii)

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)

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.

.

7.

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.

8.

Enhancing human trafficking reporting

(a)

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:

(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)

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; and

(2)

in paragraph (4)—

(A)

in the matter preceding subparagraph (A), by striking paragraph (2) and inserting paragraph (3);

(B)

in subparagraph (A), by inserting and a photograph taken within the previous 180 days after dental records;

(C)

in subparagraph (B), by striking and at the end;

(D)

by redesignating subparagraph (C) as subparagraph (D); and

(E)

by inserting after subparagraph (B) the following:

(C)

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

.

9.

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.

10.

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.

11.

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: “means—

(1)

a

;

(2)

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

(2)

any

; and

(3)

by striking the period at the end and inserting the following: “; or

(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.

12.

Monitoring all human traffickers as violent criminals

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

13.

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: “this chapter:

(1)

Court of appeals

The term court of appeals means—

(A)

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

(B)

for a prosecution in the Superior Court of the District of Columbia, the District of Columbia Court of Appeals.

(2)

Crime victim

(A)

In general

The term

;

(B)

by striking In the case and inserting the following:

(B)

Minors and certain other victims

In the case

; and

(C)

by adding at the end the following:

(3)

District court; court

The terms district court and court include the Superior Court of the District of Columbia.

.

(b)

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.

14.

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

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)

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.

15.

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 4.

(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 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)

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 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)

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 Act, or any amendments made by this Act, 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.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Justice for Victims of Trafficking Act of 2015.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—Justice for Victims of Trafficking

Sec. 101. Domestic Trafficking Victims' Fund.

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

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

Sec. 104. Direct services for victims of child pornography.

Sec. 105. Increasing compensation and restitution for trafficking victims.

Sec. 106. Streamlining human trafficking investigations.

Sec. 107. Enhancing human trafficking reporting.

Sec. 108. Reducing demand for sex trafficking.

Sec. 109. Sense of Congress.

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

Sec. 111. Targeting child predators.

Sec. 112. Monitoring all human traffickers as violent criminals.

Sec. 113. Crime victims' rights.

Sec. 114. Combat Human Trafficking Act.

Sec. 115. Survivors of Human Trafficking Empowerment Act.

Sec. 116. Bringing Missing Children Home Act.

Sec. 117. Grant accountability.

TITLE II—Combating Human Trafficking

Subtitle A—Enhancing Services for Runaway and Homeless Victims of Youth Trafficking

Sec. 201. Amendments to the Runaway and Homeless Youth Act.

Subtitle B—Improving the Response to Victims of Child Sex Trafficking

Sec. 211. Response to victims of child sex trafficking.

Subtitle C—Interagency Task Force to Monitor and Combat Trafficking

Sec. 221. Victim of trafficking defined.

Sec. 222. Interagency task force report on child trafficking primary prevention.

Sec. 223. GAO Report on intervention.

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

TITLE III—HERO Act

Sec. 301. Short title.

Sec. 302. HERO Act.

I

Justice for Victims of Trafficking

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:

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 under section 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 and orders of restitution 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)

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.

(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 2020, use amounts available in the Fund to award grants or enhance victims' programming 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)).

(2)

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)).

(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.

(f)

Transfers

(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).

(2)

Availability

Amounts transferred under paragraph (1)—

(A)

shall be available for any authorized purpose of the Crime Victims Fund; and

(B)

shall remain available until expended.

(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.

(h)

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.

.

(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.

.

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).

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:

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; and

(3)

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.

(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.

.

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.

.

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.

.

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.

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)).

.

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.

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.

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.

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: “means—

(1)

a

;

(2)

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

(2)

any

; and

(3)

by striking the period at the end and inserting the following: “; or

(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.

112.

Monitoring all human traffickers as violent criminals

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

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: “this chapter:

(1)

Court of appeals

The term court of appeals means—

(A)

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

(B)

for a prosecution in the Superior Court of the District of Columbia, the District of Columbia Court of Appeals.

(2)

Crime victim

(A)

In general

The term

;

(B)

by striking In the case and inserting the following:

(B)

Minors and certain other victims

In the case

; and

(C)

by adding at the end the following:

(3)

District court; court

The terms district court and court include the Superior Court of the District of Columbia.

.

(b)

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.

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.

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.

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.

.

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.

II

Combating Human Trafficking

A

Enhancing Services for Runaway and Homeless Victims of Youth Trafficking

201.

Amendments to the Runaway and Homeless Youth Act

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

(1)

in section 343(b)(5) (42 U.S.C. 5714–23(b)(5))—

(A)

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)

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)

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)

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))).

B

Improving the Response to Victims of Child Sex Trafficking

211.

Response to victims of child sex trafficking

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.

C

Interagency Task Force to Monitor and Combat Trafficking

221.

Victim of trafficking defined

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

(a)

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)

in consultation with nongovernmental organizations that the Task Force determines appropriate, surveys and catalogs the activities of the Federal Government and State governments—

(A)

to deter individuals from committing trafficking offenses; and

(B)

to prevent children from becoming victims of trafficking;

(2)

surveys academic literature on—

(A)

deterring individuals from committing trafficking offenses;

(B)

preventing children from becoming victims of trafficking;

(C)

the commercial sexual exploitation of children; and

(D)

other similar topics that the Task Force determines to be appropriate;

(3)

identifies best practices and effective strategies—

(A)

to deter individuals from committing trafficking offenses; and

(B)

to prevent children from becoming victims of trafficking; and

(4)

identifies current gaps in research and data that would be helpful in formulating effective strategies—

(A)

to deter individuals from committing trafficking offenses; and

(B)

to prevent children from becoming victims of trafficking.

(b)

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

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)

the efforts of Federal and select State law enforcement agencies to combat human trafficking in the United States; and

(2)

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

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.

III

HERO Act

301.

Short title

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

302.

HERO Act

(a)

Findings

Congress finds the following:

(1)

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)

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)

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)

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)

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)

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)

Cyber crimes center, child exploitation investigations unit, and computer forensics unit

(1)

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:

890A.

Cyber crimes center, child exploitation investigations unit, computer forensics unit, and cyber crimes unit

(a)

Cyber crimes center

(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).

(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.

(b)

Child exploitation investigations unit

(1)

In general

The Secretary shall operate, within the Center, a Child Exploitation Investigations Unit (referred to in this subsection as the CEIU).

(2)

Functions

The CEIU—

(A)

shall coordinate all United States Immigration and Customs Enforcement child exploitation initiatives, including investigations into—

(i)

child exploitation;

(ii)

child pornography;

(iii)

child victim identification;

(iv)

traveling child sex offenders; and

(v)

forced child labor, including the sexual exploitation of minors;

(B)

shall, among other things, focus on—

(i)

child exploitation prevention;

(ii)

investigative capacity building;

(iii)

enforcement operations; and

(iv)

training for Federal, State, local, tribal, and foreign law enforcement agency personnel, upon request;

(C)

shall provide training, technical expertise, support, or coordination of child exploitation investigations, as needed, to cooperating law enforcement agencies and personnel;

(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;

(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

(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.

(3)

Data collection

The CEIU shall collect and maintain data concerning—

(A)

the total number of suspects identified by United States Immigration and Customs Enforcement;

(B)

the number of arrests by United States Immigration and Customs Enforcement, disaggregated by type, including—

(i)

the number of victims identified through investigations carried out by United States Immigration and Customs Enforcement; and

(ii)

the number of suspects arrested who were in positions of trust or authority over children;

(C)

the number of cases opened for investigation by United States Immigration and Customs Enforcement; and

(D)

the number of cases resulting in a Federal, State, foreign, or military prosecution.

(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).

(5)

Cooperative agreements

The CEIU is authorized to enter into cooperative agreements to accomplish the functions set forth in paragraphs (2) and (3).

(6)

Acceptance of gifts

(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.

(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.

(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—

(A)

submit a report containing a summary of the data collected pursuant to paragraph (3) during the previous year to—

(i)

the Committee on Homeland Security and Governmental Affairs of the Senate;

(ii)

the Committee on the Judiciary of the Senate;

(iii)

the Committee on Appropriations of the Senate;

(iv)

the Committee on Homeland Security of the House of Representatives;

(v)

the Committee on the Judiciary of the House of Representatives; and

(vi)

the Committee on Appropriations of the House of Representatives; and

(B)

make a copy of each report submitted under subparagraph (A) publicly available on the website of the Department.

(c)

Computer forensics unit

(1)

In general

The Secretary shall operate, within the Center, a Computer Forensics Unit (referred to in this subsection as the CFU).

(2)

Functions

The CFU—

(A)

shall provide training and technical support in digital forensics to—

(i)

United States Immigration and Customs Enforcement personnel; and

(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;

(B)

shall provide computer hardware, software, and forensic licenses for all computer forensics personnel within United States Immigration and Customs Enforcement;

(C)

shall participate in research and development in the area of digital forensics, in coordination with appropriate components of the Department; and

(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.

(3)

Cooperative agreements

The CFU is authorized to enter into cooperative agreements to accomplish the functions set forth in paragraph (2).

(4)

Acceptance of gifts

(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.

(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.

(d)

Cyber crimes unit

(1)

In general

The Secretary shall operate, within the Center, a Cyber Crimes Unit (referred to in this subsection as the CCU).

(2)

Functions

The CCU—

(A)

shall oversee the cyber security strategy and cyber-related operations and programs for United States Immigration and Customs Enforcement;

(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—

(i)

cyber economic crime;

(ii)

digital theft of intellectual property;

(iii)

illicit e-commerce (including hidden marketplaces);

(iv)

Internet-facilitated proliferation of arms and strategic technology; and

(v)

cyber-enabled smuggling and money laundering;

(C)

shall provide training and technical support in cyber investigations to—

(i)

United States Immigration and Customs Enforcement personnel; and

(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;

(D)

shall participate in research and development in the area of cyber investigations, in coordination with appropriate components of the Department; and

(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.

(3)

Cooperative agreements

The CCU is authorized to enter into cooperative agreements to accomplish the functions set forth in paragraph (2).

(e)

Authorization of appropriations

There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.

.

(2)

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:

Sec. 890A. Cyber crimes center, child exploitation investigations unit, computer forensics unit, and cyber crimes unit.

.

(c)

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)

Investigating child exploitation

Section 307(b)(3) of the Homeland Security Act of 2002 (6 U.S.C. 187(b)(3)) is amended—

(1)

in subparagraph (B), by striking and at the end;

(2)

in subparagraph (C), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following:

(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.

.

March 2, 2015

Reported with an amendment