[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 178 Engrossed in Senate (ES)]
114th CONGRESS
1st Session
S. 178
_______________________________________________________________________
AN ACT
To provide justice for the victims of trafficking.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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.
Sec. 118. SAVE Act.
Sec. 119. Education and outreach to trafficking survivors.
Sec. 120. Expanded statute of limitations for civil actions by child
trafficking survivors.
Sec. 121. GAO study and report.
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.
Subtitle D--Expanded Training
Sec. 231. Expanded training relating to trafficking in persons.
TITLE III--HERO ACT
Sec. 301. Short title.
Sec. 302. HERO Act.
Sec. 303. Transportation for illegal sexual activity and related
crimes.
TITLE IV--RAPE SURVIVOR CHILD CUSTODY
Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Findings.
Sec. 404. Increased funding for formula grants authorized.
Sec. 405. Application.
Sec. 406. Grant increase.
Sec. 407. Period of increase.
Sec. 408. Allocation of increased formula grant funds.
Sec. 409. Authorization of appropriations.
TITLE V--MILITARY SEX OFFENDER REPORTING
Sec. 501. Short title.
Sec. 502. Registration of sex offenders released from military
corrections facilities or upon conviction.
TITLE VI--STOPPING EXPLOITATION THROUGH TRAFFICKING
Sec. 601. Safe Harbor Incentives.
Sec. 602. Report on restitution paid in connection with certain
trafficking offenses.
Sec. 603. National human trafficking hotline.
Sec. 604. Job corps eligibility.
Sec. 605. Clarification of authority of the United States Marshals
Service.
Sec. 606. Establishing a national strategy to combat human trafficking.
TITLE VII--TRAFFICKING AWARENESS TRAINING FOR HEALTH CARE
Sec. 701. Short title.
Sec. 702. Development of best practices.
Sec. 703. Definitions.
Sec. 704. No additional authorization of appropriations.
TITLE VIII--BETTER RESPONSE FOR VICTIMS OF CHILD SEX TRAFFICKING
Sec. 801. Short title.
Sec. 802. CAPTA amendments.
TITLE IX--ANTI-TRAFFICKING TRAINING FOR DEPARTMENT OF HOMELAND SECURITY
PERSONNEL
Sec. 901. Definitions.
Sec. 902. Training for Department personnel to identify human
trafficking.
Sec. 903. Certification and report to Congress.
Sec. 904. Assistance to non-Federal entities.
Sec. 905. Expanded use of Domestic Trafficking Victims' Fund.
TITLE X--HUMAN TRAFFICKING SURVIVORS RELIEF AND EMPOWERMENT ACT
Sec. 1001. Short title.
Sec. 1002. Protections for human trafficking survivors.
TITLE I--JUSTICE FOR VICTIMS OF TRAFFICKING
SEC. 101. DOMESTIC TRAFFICKING VICTIMS' FUND.
(a) In General.--Chapter 201 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 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, orders of restitution, and any other obligation related to
victim-compensation arising from the criminal convictions on which the
special assessment is based.
``(c) Establishment of Domestic Trafficking Victims' Fund.--There
is established in the Treasury of the United States a fund, to be known
as the `Domestic Trafficking Victims' Fund' (referred to in this
section as the `Fund'), to be administered by the Attorney General, in
consultation with the Secretary of Homeland Security and the Secretary
of Health and Human Services.
``(d) Transfers.--In a manner consistent with section 3302(b) of
title 31, there shall be transferred to the Fund from the General Fund
of the Treasury an amount equal to the amount of the assessments
collected under this section, which shall remain available until
expended.
``(e) Use of Funds.--
``(1) In general.--From amounts in the Fund, in addition to
any other amounts available, and without further appropriation,
the Attorney General, in coordination with the Secretary of
Health and Human Services shall, for each of fiscal years 2016
through 2019, use amounts available in the Fund to award grants
or enhance victims' programming under--
``(A) section 204 of the Trafficking Victims
Protection Reauthorization Act of 2005 (42 U.S.C.
14044c);
``(B) subsections (b)(2) and (f) of section 107 of
the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7105); and
``(C) section 214(b) of the Victims of Child Abuse
Act of 1990 (42 U.S.C. 13002(b)).
``(2) Limitation.--Except as provided in subsection (h)(2),
none of the amounts in the Fund may be used to provide health
care or medical items or services.
``(f) Collection Method.--The amount assessed under subsection (a)
shall, subject to subsection (b), be collected in the manner that fines
are collected in criminal cases.
``(g) Duration of Obligation.--Subject to section 3613(b), the
obligation to pay an assessment imposed on or after the date of
enactment of the Justice for Victims of Trafficking Act of 2015 shall
not cease until the assessment is paid in full.
``(h) Health or Medical Services.--
``(1) Transfer of funds.--From amounts appropriated under
section 10503(b)(1)(E) of the Patient Protection and Affordable
Care Act (42 U.S.C. 254b-2(b)(1)(E)), as amended by section 221
of the Medicare Access and CHIP Reauthorization Act of 2015,
there shall be transferred to the Fund an amount equal to the
amount transferred under subsection (d) for each fiscal year,
except that the amount transferred under this paragraph shall
not be less than $5,000,000 or more than $30,000,000 in each
such fiscal year, and such amounts shall remain available until
expended.
``(2) Use of funds.--The Attorney General, in coordination
with the Secretary of Health and Human Services, shall use
amounts transferred to the Fund under paragraph (1) to award
grants that may be used for the provision of health care or
medical items or services to victims of trafficking under--
``(A) sections 202, 203, and 204 of the Trafficking
Victims Protection Reauthorization Act of 2005 (42
U.S.C. 14044a, 14044b, and 14044c);
``(B) subsections (b)(2) and (f) of section 107 of
the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7105); and
``(C) section 214(b) of the Victims of Child Abuse
Act of 1990 (42 U.S.C. 13002(b)).
``(3) Grants.--Of the amounts in the Fund used under
paragraph (1), not less than $2,000,000, if such amounts are
available in the Fund during the relevant fiscal year, shall be
used for grants to provide services for child pornography
victims under section 214(b) of the Victims of Child Abuse Act
of 1990 (42 U.S.C. 13002(b)).
``(4) Application of provision.--The application of the
provisions of section 221(c) of the Medicare Access and CHIP
Reauthorization Act of 2015 shall continue to apply to the
amounts transferred pursuant to paragraph (1).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 201 of title 18, United States Code, is amended by inserting
after the item relating to section 3013 the following:
``3014. Additional special assessment.''.
SEC. 102. CLARIFYING THE BENEFITS AND PROTECTIONS OFFERED TO DOMESTIC
VICTIMS OF HUMAN TRAFFICKING.
Section 107(b)(1) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7105(b)(1)) is amended--
(1) by redesignating subparagraphs (F) and (G) as
subparagraphs (G) and (H), respectively;
(2) by inserting after subparagraph (E) the following:
``(F) No requirement of official certification for
united states citizens and lawful permanent
residents.--Nothing in this section may be construed to
require United States citizens or lawful permanent
residents who are victims of severe forms of
trafficking to obtain an official certification from
the Secretary of Health and Human Services in order to
access any of the specialized services described in
this subsection or any other Federal benefits and
protections to which they are otherwise entitled.'';
and
(3) in subparagraph (H), as redesignated, by striking
``subparagraph (F)'' and inserting ``subparagraph (G)''.
SEC. 103. VICTIM-CENTERED CHILD HUMAN TRAFFICKING DETERRENCE BLOCK
GRANT PROGRAM.
(a) In General.--Section 203 of the Trafficking Victims Protection
Reauthorization Act of 2005 (42 U.S.C. 14044b) is amended to read as
follows:
``SEC. 203. VICTIM-CENTERED CHILD HUMAN TRAFFICKING DETERRENCE BLOCK
GRANT PROGRAM.
``(a) Grants Authorized.--The Attorney General may award block
grants to an eligible entity to develop, improve, or expand domestic
child human trafficking deterrence programs that assist law enforcement
officers, prosecutors, judicial officials, and qualified victims'
services organizations in collaborating to rescue and restore the lives
of victims, while investigating and prosecuting offenses involving
child human trafficking.
``(b) Authorized Activities.--Grants awarded under subsection (a)
may be used for--
``(1) the establishment or enhancement of specialized
training programs for law enforcement officers, first
responders, health care officials, child welfare officials,
juvenile justice personnel, prosecutors, and judicial personnel
to--
``(A) identify victims and acts of child human
trafficking;
``(B) address the unique needs of child victims of
human trafficking;
``(C) facilitate the rescue of child victims of
human trafficking;
``(D) investigate and prosecute acts of human
trafficking, including the soliciting, patronizing, or
purchasing of commercial sex acts from children, as
well as training to build cases against complex
criminal networks involved in child human trafficking;
and
``(E) utilize, implement, and provide education on
safe harbor laws enacted by States, aimed at preventing
the criminalization and prosecution of child sex
trafficking victims for prostitution offenses, and
other laws aimed at the investigation and prosecution
of child human trafficking;
``(2) the establishment or enhancement of dedicated anti-
trafficking law enforcement units and task forces to
investigate child human trafficking offenses and to rescue
victims, including--
``(A) funding salaries, in whole or in part, for
law enforcement officers, including patrol officers,
detectives, and investigators, except that the
percentage of the salary of the law enforcement officer
paid for by funds from a grant awarded under this
section shall not be more than the percentage of the
officer's time on duty that is dedicated to working on
cases involving child human trafficking;
``(B) investigation expenses for cases involving
child human trafficking, including--
``(i) wire taps;
``(ii) consultants with expertise specific
to cases involving child human trafficking;
``(iii) travel; and
``(iv) other technical assistance
expenditures;
``(C) dedicated anti-trafficking prosecution units,
including the funding of salaries for State and local
prosecutors, including assisting in paying trial
expenses for prosecution of child human trafficking
offenders, except that the percentage of the total
salary of a State or local prosecutor that is paid
using an award under this section shall be not more
than the percentage of the total number of hours worked
by the prosecutor that is spent working on cases
involving child human trafficking;
``(D) the establishment of child human trafficking
victim witness safety, assistance, and relocation
programs that encourage cooperation with law
enforcement investigations of crimes of child human
trafficking by leveraging existing resources and
delivering child human trafficking victims' services
through coordination with--
``(i) child advocacy centers;
``(ii) social service agencies;
``(iii) State governmental health service
agencies;
``(iv) housing agencies;
``(v) legal services agencies; and
``(vi) nongovernmental organizations and
shelter service providers with substantial
experience in delivering wrap-around services
to victims of child human trafficking; and
``(E) the establishment or enhancement of other
necessary victim assistance programs or personnel, such
as victim or child advocates, child-protective
services, child forensic interviews, or other necessary
service providers;
``(3) activities of law enforcement agencies to find
homeless and runaway youth, including salaries and associated
expenses for retired Federal law enforcement officers assisting
the law enforcement agencies in finding homeless and runaway
youth; and
``(4) the establishment or enhancement of problem solving
court programs for trafficking victims that include--
``(A) mandatory and regular training requirements
for judicial officials involved in the administration
or operation of the court program described under this
paragraph;
``(B) continuing judicial supervision of victims of
child human trafficking, including case worker or child
welfare supervision in collaboration with judicial
officers, who have been identified by a law enforcement
or judicial officer as a potential victim of child
human trafficking, regardless of whether the victim has
been charged with a crime related to human trafficking;
``(C) the development of a specialized and
individualized, court-ordered treatment program for
identified victims of child human trafficking,
including--
``(i) State-administered outpatient
treatment;
``(ii) life skills training;
``(iii) housing placement;
``(iv) vocational training;
``(v) education;
``(vi) family support services; and
``(vii) job placement;
``(D) centralized case management involving the
consolidation of all of each child human trafficking
victim's cases and offenses, and the coordination of
all trafficking victim treatment programs and social
services;
``(E) regular and mandatory court appearances by
the victim during the duration of the treatment program
for purposes of ensuring compliance and effectiveness;
``(F) the ultimate dismissal of relevant non-
violent criminal charges against the victim, where such
victim successfully complies with the terms of the
court-ordered treatment program; and
``(G) collaborative efforts with child advocacy
centers, child welfare agencies, shelters, and
nongovernmental organizations with substantial
experience in delivering wrap-around services to
victims of child human trafficking to provide services
to victims and encourage cooperation with law
enforcement.
``(c) Application.--
``(1) In general.--An eligible entity shall submit an
application to the Attorney General for a grant under this
section in such form and manner as the Attorney General may
require.
``(2) Required information.--An application submitted under
this subsection shall--
``(A) describe the activities for which assistance
under this section is sought;
``(B) include a detailed plan for the use of funds
awarded under the grant;
``(C) provide such additional information and
assurances as the Attorney General determines to be
necessary to ensure compliance with the requirements of
this section; and
``(D) disclose--
``(i) any other grant funding from the
Department of Justice or from any other Federal
department or agency for purposes similar to
those described in subsection (b) for which the
eligible entity has applied, and which
application is pending on the date of the
submission of an application under this
section; and
``(ii) any other such grant funding that
the eligible entity has received during the 5-
year period ending on the date of the
submission of an application under this
section.
``(3) Preference.--In reviewing applications submitted in
accordance with paragraphs (1) and (2), the Attorney General
shall give preference to grant applications if--
``(A) the application includes a plan to use
awarded funds to engage in all activities described
under paragraphs (1) through (3) of subsection (b); or
``(B) the application includes a plan by the State
or unit of local government to continue funding of all
activities funded by the award after the expiration of
the award.
``(4) Eligible entities soliciting data on child human
trafficking.--No eligible entity shall be disadvantaged in
being awarded a grant under subsection (a) on the grounds that
the eligible entity has only recently begun soliciting data on
child human trafficking.
``(d) Duration and Renewal of Award.--
``(1) In general.--A grant under this section shall expire
3 years after the date of award of the grant.
``(2) Renewal.--A grant under this section shall be
renewable not more than 2 times and for a period of not greater
than 2 years.
``(e) Evaluation.--The Attorney General shall--
``(1) enter into a contract with a nongovernmental
organization, including an academic or nonprofit organization,
that has experience with issues related to child human
trafficking and evaluation of grant programs to conduct
periodic evaluations of grants made under this section to
determine the impact and effectiveness of programs funded with
grants awarded under this section;
``(2) instruct the Inspector General of the Department of
Justice to review evaluations issued under paragraph (1) to
determine the methodological and statistical validity of the
evaluations; and
``(3) submit the results of any evaluation conducted
pursuant to paragraph (1) to--
``(A) the Committee on the Judiciary of the Senate;
and
``(B) the Committee on the Judiciary of the House
of Representatives.
``(f) Mandatory Exclusion.--An eligible entity awarded funds under
this section that is found to have used grant funds for any
unauthorized expenditure or otherwise unallowable cost shall not be
eligible for any grant funds awarded under the block grant for 2 fiscal
years following the year in which the unauthorized expenditure or
unallowable cost is reported.
``(g) Compliance Requirement.--An eligible entity shall not be
eligible to receive a grant under this section if within the 5 fiscal
years before submitting an application for a grant under this section,
the grantee has been found to have violated the terms or conditions of
a Government grant program by utilizing grant funds for unauthorized
expenditures or otherwise unallowable costs.
``(h) Administrative Cap.--The cost of administering the grants
authorized by this section shall not exceed 5 percent of the total
amount expended to carry out this section.
``(i) Federal Share.--The Federal share of the cost of a program
funded by a grant awarded under this section shall be--
``(1) 70 percent in the first year;
``(2) 60 percent in the second year; and
``(3) 50 percent in the third year, and in all subsequent
years.
``(j) Authorization of Funding; Fully Offset.--For purposes of
carrying out this section, the Attorney General, in consultation with
the Secretary of Health and Human Services, is authorized to award not
more than $7,000,000 of the funds available in the Domestic Trafficking
Victims' Fund, established under section 3014 of title 18, United
States Code, for each of fiscal years 2016 through 2020.
``(k) Definitions.--In this section--
``(1) the term `child' means a person under the age of 18;
``(2) the term `child advocacy center' means a center
created under subtitle A of the Victims of Child Abuse Act of
1990 (42 U.S.C. 13001 et seq.);
``(3) the term `child human trafficking' means 1 or more
severe forms of trafficking in persons (as defined in section
103 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102)) involving a victim who is a child; and
``(4) the term `eligible entity' means a State or unit of
local government that--
``(A) has significant criminal activity involving
child human trafficking;
``(B) has demonstrated cooperation between Federal,
State, local, and, where applicable, tribal law
enforcement agencies, prosecutors, and social service
providers in addressing child human trafficking;
``(C) has developed a workable, multi-disciplinary
plan to combat child human trafficking, including--
``(i) the establishment of a shelter for
victims of child human trafficking, through
existing or new facilities;
``(ii) the provision of trauma-informed,
gender-responsive rehabilitative care to
victims of child human trafficking;
``(iii) the provision of specialized
training for law enforcement officers and
social service providers for all forms of human
trafficking, with a focus on domestic child
human trafficking;
``(iv) prevention, deterrence, and
prosecution of offenses involving child human
trafficking, including soliciting, patronizing,
or purchasing human acts with children;
``(v) cooperation or referral agreements
with organizations providing outreach or other
related services to runaway and homeless youth;
``(vi) law enforcement protocols or
procedures to screen all individuals arrested
for prostitution, whether adult or child, for
victimization by sex trafficking and by other
crimes, such as sexual assault and domestic
violence; and
``(vii) cooperation or referral agreements
with State child welfare agencies and child
advocacy centers; and
``(D) provides an assurance that, under the plan
under subparagraph (C), a victim of child human
trafficking shall not be required to collaborate with
law enforcement officers to have access to any shelter
or services provided with a grant under this section.
``(l) Grant Accountability; Specialized Victims' Service
Requirement.--No grant funds under this section may be awarded or
transferred to any entity unless such entity has demonstrated
substantial experience providing services to victims of human
trafficking or related populations (such as runaway and homeless
youth), or employs staff specialized in the treatment of human
trafficking victims.''.
(b) Table of Contents.--The table of contents in section 1(b) of
the Trafficking Victims Protection Reauthorization Act of 2005 (22
U.S.C. 7101 note) is amended by striking the item relating to section
203 and inserting the following:
``Sec. 203. Victim-centered child human trafficking deterrence block
grant program.''.
SEC. 104. DIRECT SERVICES FOR VICTIMS OF CHILD PORNOGRAPHY.
The Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.) is
amended--
(1) in section 212(5) (42 U.S.C. 13001a(5)), by inserting
``, including human trafficking and the production of child
pornography'' before the semicolon at the end; and
(2) in section 214 (42 U.S.C. 13002)--
(A) by redesignating subsections (b), (c), and (d)
as subsections (c), (d), and (e), respectively; and
(B) by inserting after subsection (a) the
following:
``(b) Direct Services for Victims of Child Pornography.--The
Administrator, in coordination with the Director and with the Director
of the Office of Victims of Crime, may make grants to develop and
implement specialized programs to identify and provide direct services
to victims of child pornography.''.
SEC. 105. INCREASING COMPENSATION AND RESTITUTION FOR TRAFFICKING
VICTIMS.
(a) Amendments to Title 18.--Section 1594 of title 18, United
States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``that was used or'' and
inserting ``that was involved in, used, or'';
and
(ii) by inserting ``, and any property
traceable to such property'' after ``such
violation''; and
(B) in paragraph (2), by inserting ``, or any
property traceable to such property'' after ``such
violation'';
(2) in subsection (e)(1)(A)--
(A) by striking ``used or'' and inserting
``involved in, used, or''; and
(B) by inserting ``, and any property traceable to
such property'' after ``any violation of this
chapter'';
(3) by redesignating subsection (f) as subsection (g); and
(4) by inserting after subsection (e) the following:
``(f) Transfer of Forfeited Assets.--
``(1) In general.--Notwithstanding any other provision of
law, the Attorney General shall transfer assets forfeited
pursuant to this section, or the proceeds derived from the sale
thereof, to satisfy victim restitution orders arising from
violations of this chapter.
``(2) Priority.--Transfers pursuant to paragraph (1) shall
have priority over any other claims to the assets or their
proceeds.
``(3) Use of nonforfeited assets.--Transfers pursuant to
paragraph (1) shall not reduce or otherwise mitigate the
obligation of a person convicted of a violation of this chapter
to satisfy the full amount of a restitution order through the
use of non-forfeited assets or to reimburse the Attorney
General for the value of assets or proceeds transferred under
this subsection through the use of nonforfeited assets.''.
(b) Amendment to Title 28.--Section 524(c)(1)(B) of title 28,
United States Code, is amended by inserting ``chapter 77 of title 18,''
after ``criminal drug laws of the United States or of''.
(c) Amendments to Title 31.--
(1) In general.--Chapter 97 of title 31, United States
Code, is amended--
(A) by redesignating section 9703 (as added by
section 638(b)(1) of the Treasury, Postal Service, and
General Government Appropriations Act, 1993 (Public Law
102-393; 106 Stat. 1779)) as section 9705; and
(B) in section 9705(a), as redesignated--
(i) in paragraph (1)--
(I) in subparagraph (I)--
(aa) by striking
``payment'' and inserting
``Payment''; and
(bb) by striking the
semicolon at the end and
inserting a period; and
(II) in subparagraph (J), by
striking ``payment'' and inserting
``Payment''; and
(ii) in paragraph (2)--
(I) in subparagraph (B)--
(aa) in clause (iii)--
(AA) in subclause
(I), by striking ``or''
and inserting ``of'';
and
(BB) in subclause
(III), by striking
``and'' at the end;
(bb) in clause (iv), by
striking the period at the end
and inserting ``; and''; and
(cc) by inserting after
clause (iv) the following:
``(v) United States Immigration and Customs
Enforcement with respect to a violation of
chapter 77 of title 18 (relating to human
trafficking);'';
(II) in subparagraph (G), by adding
``and'' at the end; and
(III) in subparagraph (H), by
striking ``; and'' and inserting a
period.
(2) Technical and conforming amendments.--
(A) Cross references.--
(i) Title 28.--Section 524(c) of title 28,
United States Code, is amended--
(I) in paragraph (4)(C), by
striking ``section 9703(g)(4)(A)(ii)''
and inserting ``section
9705(g)(4)(A)'';
(II) in paragraph (10), by striking
``section 9703(p)'' and inserting
``section 9705(o)''; and
(III) in paragraph (11), by
striking ``section 9703'' and inserting
``section 9705''.
(ii) Title 31.--Title 31, United States
Code, is amended--
(I) in section 312(d), by striking
``section 9703'' and inserting
``section 9705''; and
(II) in section 5340(1), by
striking ``section 9703(p)(1)'' and
inserting ``section 9705(o)''.
(iii) Title 39.--Section 2003(e)(1) of
title 39, United States Code, is amended by
striking ``section 9703(p)'' and inserting
``section 9705(o)''.
(B) Table of sections.--The table of sections for
chapter 97 of title 31, United States Code, is amended
to read as follows:
``9701. Fees and charges for Government services and things of value.
``9702. Investment of trust funds.
``9703. Managerial accountability and flexibility.
``9704. Pilot projects for managerial accountability and flexibility.
``9705. Department of the Treasury Forfeiture Fund.''.
SEC. 106. STREAMLINING HUMAN TRAFFICKING INVESTIGATIONS.
Section 2516 of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (a), by inserting a comma after
``weapons)'';
(B) in subparagraph (c)--
(i) by inserting ``section 1581 (peonage),
section 1584 (involuntary servitude), section
1589 (forced labor), section 1590 (trafficking
with respect to peonage, slavery, involuntary
servitude, or forced labor),'' before ``section
1591'';
(ii) by inserting ``section 1592 (unlawful
conduct with respect to documents in
furtherance of trafficking, peonage, slavery,
involuntary servitude, or forced labor),''
before ``section 1751'';
(iii) by inserting a comma after
``virus)'';
(iv) by striking ``,, section'' and
inserting a comma;
(v) by striking ``or'' after ``misuse of
passports),''; and
(vi) by inserting ``or'' before ``section
555'';
(C) in subparagraph (j), by striking ``pipeline,)''
and inserting ``pipeline),''; and
(D) in subparagraph (p), by striking ``documents,
section 1028A (relating to aggravated identity
theft))'' and inserting ``documents), section 1028A
(relating to aggravated identity theft)''; and
(2) in paragraph (2), by inserting ``human trafficking,
child sexual exploitation, child pornography production,''
after ``kidnapping''.
SEC. 107. ENHANCING HUMAN TRAFFICKING REPORTING.
Section 505 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3755) is amended by adding at the end
the following:
``(i) Part 1 Violent Crimes To Include Human Trafficking.--For
purposes of this section, the term `part 1 violent crimes' shall
include severe forms of trafficking in persons (as defined in section
103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102)).''.
SEC. 108. REDUCING DEMAND FOR SEX TRAFFICKING.
(a) In General.--Section 1591 of title 18, United States Code, is
amended--
(1) in subsection (a)(1), by striking ``or maintains'' and
inserting ``maintains, patronizes, or solicits'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``or obtained''
and inserting ``obtained, patronized, or solicited'';
and
(B) in paragraph (2), by striking ``or obtained''
and inserting ``obtained, patronized, or solicited'';
and
(3) in subsection (c)--
(A) by striking ``or maintained'' and inserting ``,
maintained, patronized, or solicited''; and
(B) by striking ``knew that the person'' and
inserting ``knew, or recklessly disregarded the fact,
that the person''.
(b) Definition Amended.--Section 103(10) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102(10)) is amended by striking ``or
obtaining'' and inserting ``obtaining, patronizing, or soliciting''.
(c) Purpose.--The purpose of the amendments made by this section is
to clarify the range of conduct punished as sex trafficking.
SEC. 109. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) section 1591 of title 18, United States Code, defines a
sex trafficker as a person who ``knowingly. . .recruits,
entices, harbors, transports, provides, obtains, or maintains
by any means a person. . .knowing, or in reckless disregard of
the fact, that means of force, threats of force, fraud,
coercion. . .or any combination of such means will be used to
cause the person to engage in a commercial sex act, or that the
person has not attained the age of 18 years and will be caused
to engage in a commercial sex act'';
(2) while use of the word ``obtains'' in section 1591,
United States Code, has been interpreted, prior to the date of
enactment of this Act, to encompass those who purchase illicit
sexual acts from trafficking victims, some confusion persists;
(3) in United States vs. Jungers, 702 F.3d 1066 (8th Cir.
2013), the United States Court of Appeals for the Eighth
Circuit ruled that section 1591 of title 18, United States
Code, applied to persons who purchase illicit sexual acts with
trafficking victims after the United States District Court for
the District of South Dakota erroneously granted motions to
acquit these buyers in two separate cases; and
(4) section 108 of this title amends section 1591 of title
18, United States Code, to add the words ``solicits or
patronizes'' to the sex trafficking statute making absolutely
clear for judges, juries, prosecutors, and law enforcement
officials that criminals who purchase sexual acts from human
trafficking victims may be arrested, prosecuted, and convicted
as sex trafficking offenders when this is merited by the facts
of a particular case.
SEC. 110. USING EXISTING TASK FORCES AND COMPONENTS TO TARGET OFFENDERS
WHO EXPLOIT CHILDREN.
Not later than 180 days after the date of enactment of this Act,
the Attorney General shall ensure that--
(1) all task forces and working groups within the Innocence
Lost National Initiative engage in activities, programs, or
operations to increase the investigative capabilities of State
and local law enforcement officers in the detection,
investigation, and prosecution of persons who patronize, or
solicit children for sex; and
(2) all components and task forces with jurisdiction to
detect, investigate, and prosecute cases of child labor
trafficking engage in activities, programs, or operations to
increase the capacity of such components to deter and punish
child labor trafficking.
SEC. 111. TARGETING CHILD PREDATORS.
(a) Clarifying That Child Pornography Producers Are Human
Traffickers.--Section 2423(f) of title 18, United States Code, is
amended--
(1) by striking ``means (1) a'' and inserting the
following: ``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''.
SEC. 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''.
SEC. 113. CRIME VICTIMS' RIGHTS.
(a) In General.--Section 3771 of title 18, United States Code, is
amended--
(1) in subsection (a), by adding at the end the following:
``(9) The right to be informed in a timely manner of any
plea bargain or deferred prosecution agreement.
``(10) The right to be informed of the rights under this
section and the services described in section 503(c) of the
Victims' Rights and Restitution Act of 1990 (42 U.S.C.
10607(c)) and provided contact information for the Office of
the Victims' Rights Ombudsman of the Department of Justice.'';
(2) in subsection (d)(3), in the fifth sentence, by
inserting ``, unless the litigants, with the approval of the
court, have stipulated to a different time period for
consideration'' before the period; and
(3) in subsection (e)--
(A) by striking ``this chapter, the term'' and
inserting the following: ``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.
SEC. 114. COMBAT HUMAN TRAFFICKING ACT.
(a) Short Title.--This section may be cited as the ``Combat Human
Trafficking Act of 2015''.
(b) Definitions.--In this section:
(1) Commercial sex act; severe forms of trafficking in
persons; state; task force.--The terms ``commercial sex act'',
``severe forms of trafficking in persons'', ``State'', and
``Task Force'' have the meanings given those terms in section
103 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102).
(2) Covered offender.--The term ``covered offender'' means
an individual who obtains, patronizes, or solicits a commercial
sex act involving a person subject to severe forms of
trafficking in persons.
(3) Covered offense.--The term ``covered offense'' means
the provision, obtaining, patronizing, or soliciting of a
commercial sex act involving a person subject to severe forms
of trafficking in persons.
(4) Federal law enforcement officer.--The term ``Federal
law enforcement officer'' has the meaning given the term in
section 115 of title 18, United States Code.
(5) Local law enforcement officer.--The term ``local law
enforcement officer'' means any officer, agent, or employee of
a unit of local government authorized by law or by a local
government agency to engage in or supervise the prevention,
detection, investigation, or prosecution of any violation of
criminal law.
(6) State law enforcement officer.--The term ``State law
enforcement officer'' means any officer, agent, or employee of
a State authorized by law or by a State government agency to
engage in or supervise the prevention, detection,
investigation, or prosecution of any violation of criminal law.
(c) Department of Justice Training and Policy for Law Enforcement
Officers, Prosecutors, and Judges.--
(1) Training.--
(A) Law enforcement officers.--The Attorney General
shall ensure that each anti-human trafficking program
operated by the Department of Justice, including each
anti-human trafficking training program for Federal,
State, or local law enforcement officers, includes
technical training on--
(i) effective methods for investigating and
prosecuting covered offenders; and
(ii) facilitating the provision of physical
and mental health services by health care
providers to persons subject to severe forms of
trafficking in persons.
(B) Federal prosecutors.--The Attorney General
shall ensure that each anti-human trafficking program
operated by the Department of Justice for United States
attorneys or other Federal prosecutors includes
training on seeking restitution for offenses under
chapter 77 of title 18, United States Code, to ensure
that each United States attorney or other Federal
prosecutor, upon obtaining a conviction for such an
offense, requests a specific amount of restitution for
each victim of the offense without regard to whether
the victim requests restitution.
(C) Judges.--The Federal Judicial Center shall
provide training to judges relating to the application
of section 1593 of title 18, United States Code, with
respect to ordering restitution for victims of offenses
under chapter 77 of such title.
(2) Policy for federal law enforcement officers.--The
Attorney General shall ensure that Federal law enforcement
officers are engaged in activities, programs, or operations
involving the detection, investigation, and prosecution of
covered offenders.
(d) Minimum Period of Supervised Release for Conspiracy To Commit
Commercial Child Sex Trafficking.--Section 3583(k) of title 18, United
States Code, is amended by inserting ``1594(c),'' after ``1591,''.
(e) Bureau of Justice Statistics Report on State Enforcement of
Human Trafficking Prohibitions.--The Director of the Bureau of Justice
Statistics shall--
(1) prepare an annual report on--
(A) the rates of--
(i) arrest of individuals by State law
enforcement officers for a covered offense;
(ii) prosecution (including specific
charges) of individuals in State court systems
for a covered offense; and
(iii) conviction of individuals in State
court systems for a covered offense; and
(B) sentences imposed on individuals convicted in
State court systems for a covered offense; and
(2) submit the annual report prepared under paragraph (1)
to--
(A) the Committee on the Judiciary of the House of
Representatives;
(B) the Committee on the Judiciary of the Senate;
(C) the Task Force;
(D) the Senior Policy Operating Group established
under section 105(g) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7103(g)); and
(E) the Attorney General.
SEC. 115. SURVIVORS OF HUMAN TRAFFICKING EMPOWERMENT ACT.
(a) Short Title.--This section may be cited as the ``Survivors of
Human Trafficking Empowerment Act''.
(b) Establishment.--There is established the United States Advisory
Council on Human Trafficking (referred to in this section as the
``Council''), which shall provide advice and recommendations to the
Senior Policy Operating Group established under section 105(g) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(g))
(referred to in this section as the ``Group'') and the President's
Interagency Task Force to Monitor and Combat Trafficking established
under section 105(a) of such Act (referred to in this section as the
``Task Force'').
(c) Membership.--
(1) Composition.--The Council shall be composed of not less
than 8 and not more than 14 individuals who are survivors of
human trafficking.
(2) Representation of survivors.--To the extent
practicable, members of the Council shall be survivors of
trafficking, who shall accurately reflect the diverse
backgrounds of survivors of trafficking, including--
(A) survivors of sex trafficking and survivors of
labor trafficking; and
(B) survivors who are United States citizens and
survivors who are aliens lawfully present in the United
States.
(3) Appointment.--Not later than 180 days after the date of
enactment of this Act, the President shall appoint the members
of the Council.
(4) Term; reappointment.--Each member of the Council shall
serve for a term of 2 years and may be reappointed by the
President to serve 1 additional 2-year term.
(d) Functions.--The Council shall--
(1) be a nongovernmental advisory body to the Group;
(2) meet, at its own discretion or at the request of the
Group, not less frequently than annually to review Federal
Government policy and programs intended to combat human
trafficking, including programs relating to the provision of
services for victims and serve as a point of contact for
Federal agencies reaching out to human trafficking survivors
for input on programming and policies relating to human
trafficking in the United States;
(3) formulate assessments and recommendations to ensure
that policy and programming efforts of the Federal Government
conform, to the extent practicable, to the best practices in
the field of human trafficking prevention; and
(4) meet with the Group not less frequently than annually,
and not later than 45 days before a meeting with the Task
Force, to formally present the findings and recommendations of
the Council.
(e) Reports.--Not later than 1 year after the date of enactment of
this Act and each year thereafter until the date described in
subsection (h), the Council shall submit a report that contains the
findings derived from the reviews conducted pursuant to subsection
(d)(2) to--
(1) the chair of the Task Force;
(2) the members of the Group;
(3) the Committees on Foreign Affairs, Homeland Security,
Appropriations, and the Judiciary of the House of
Representatives; and
(4) the Committees on Foreign Relations, Appropriations,
Homeland Security and Governmental Affairs, and the Judiciary
of the Senate.
(f) Employee Status.--Members of the Council--
(1) shall not be considered employees of the Federal
Government for any purpose; and
(2) shall not receive compensation other than reimbursement
of travel expenses and per diem allowance in accordance with
section 5703 of title 5, United States Code.
(g) Nonapplicability of FACA.--The Council shall not be subject to
the requirements under the Federal Advisory Committee Act (5 U.S.C.
App.).
(h) Sunset.--The Council shall terminate on September 30, 2020.
SEC. 116. BRINGING MISSING CHILDREN HOME ACT.
(a) Short Title.--This section may be cited as the ``Bringing
Missing Children Home Act''.
(b) Crime Control Act Amendments.--Section 3702 of the Crime
Control Act of 1990 (42 U.S.C. 5780) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3)--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) a recent photograph of the child, if
available;''; and
(3) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by
striking ``paragraph (2)'' and inserting ``paragraph
(3)'';
(B) in subparagraph (A)--
(i) by striking ``60 days'' and inserting
``30 days''; and
(ii) by inserting ``and a photograph taken
during the previous 180 days'' after ``dental
records'';
(C) in subparagraph (B), by striking ``and'' at the
end;
(D) by redesignating subparagraph (C) as
subparagraph (D);
(E) by inserting after subparagraph (B) the
following:
``(C) notify the National Center for Missing and
Exploited Children of each report received relating to
a child reported missing from a foster care family home
or childcare institution;'';
(F) in subparagraph (D), as redesignated--
(i) by inserting ``State and local child
welfare systems and'' before ``the National
Center for Missing and Exploited Children'';
and
(ii) by striking the period at the end and
inserting ``; and''; and
(G) by adding at the end the following:
``(E) grant permission to the National Crime
Information Center Terminal Contractor for the State to
update the missing person record in the National Crime
Information Center computer networks with additional
information learned during the investigation relating
to the missing person.''.
SEC. 117. GRANT ACCOUNTABILITY.
(a) Definition.--In this section, the term ``covered grant'' means
a grant awarded by the Attorney General under section 203 of the
Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C.
14044b), as amended by section 103.
(b) Accountability.--All covered grants shall be subject to the
following accountability provisions:
(1) Audit requirement.--
(A) In general.--Beginning in the first fiscal year
beginning after the date of enactment of this Act, and
in each fiscal year thereafter, the Inspector General
of the Department of Justice shall conduct audits of
recipients of a covered grant to prevent waste, fraud,
and abuse of funds by grantees. The Inspector General
shall determine the appropriate number of grantees to
be audited each year.
(B) Definition.--In this paragraph, the term
``unresolved audit finding'' means a finding in the
final audit report of the Inspector General that the
audited grantee has utilized grant funds for an
unauthorized expenditure or otherwise unallowable cost
that is not closed or resolved within 12 months from
the date when the final audit report is issued.
(C) Mandatory exclusion.--A recipient of a covered
grant that is found to have an unresolved audit finding
shall not be eligible to receive a covered grant during
the following 2 fiscal years.
(D) Priority.--In awarding covered grants the
Attorney General shall give priority to eligible
entities that did not have an unresolved audit finding
during the 3 fiscal years prior to submitting an
application for a covered grant.
(E) Reimbursement.--If an entity is awarded a
covered grant during the 2-fiscal-year period in which
the entity is barred from receiving grants under
subparagraph (C), the Attorney General shall--
(i) deposit an amount equal to the grant
funds that were improperly awarded to the
grantee into the General Fund of the Treasury;
and
(ii) seek to recoup the costs of the
repayment to the fund from the grant recipient
that was erroneously awarded grant funds.
(2) Nonprofit organization requirements.--
(A) Definition.--For purposes of this paragraph and
covered grants, the term ``nonprofit organization''
means an organization that is described in section
501(c)(3) of the Internal Revenue Code of 1986 and is
exempt from taxation under section 501(a) of such Code.
(B) Prohibition.--The Attorney General may not
award a covered grant to a nonprofit organization that
holds money in offshore accounts for the purpose of
avoiding paying the tax described in section 511(a) of
the Internal Revenue Code of 1986.
(C) Disclosure.--Each nonprofit organization that
is awarded a covered grant and uses the procedures
prescribed in regulations to create a rebuttable
presumption of reasonableness for the compensation of
its officers, directors, trustees and key employees,
shall disclose to the Attorney General, in the
application for the grant, the process for determining
such compensation, including the independent persons
involved in reviewing and approving such compensation,
the comparability data used, and contemporaneous
substantiation of the deliberation and decision. Upon
request, the Attorney General shall make the
information disclosed under this subsection available
for public inspection.
(3) Conference expenditures.--
(A) Limitation.--No amounts transferred to the
Department of Justice under this title, or the
amendments made by this title, may be used by the
Attorney General, or by any individual or organization
awarded discretionary funds through a cooperative
agreement under this title, or the amendments made by
this title, to host or support any expenditure for
conferences that uses more than $20,000 in Department
funds, unless the Deputy Attorney General or such
Assistant Attorney Generals, Directors, or principal
deputies as the Deputy Attorney General may designate,
provides prior written authorization that the funds may
be expended to host a conference.
(B) Written approval.--Written approval under
subparagraph (A) shall include a written estimate of
all costs associated with the conference, including the
cost of all food and beverages, audiovisual equipment,
honoraria for speakers, and any entertainment.
(C) Report.--The Deputy Attorney General shall
submit an annual report to the Committee on the
Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives on all
approved conference expenditures referenced in this
paragraph.
(D) Annual certification.--Beginning in the first
fiscal year beginning after the date of enactment of
this title, the Attorney General shall submit, to the
Committee on the Judiciary and the Committee on
Appropriations of the Senate and the Committee on the
Judiciary and the Committee on Appropriations of the
House of Representatives, an annual certification
that--
(i) all audits issued by the Office of the
Inspector General under paragraph (1) have been
completed and reviewed by the appropriate
Assistant Attorney General or Director;
(ii) all mandatory exclusions required
under paragraph (1)(C) have been issued;
(iii) all reimbursements required under
paragraph (1)(E) have been made; and
(iv) includes a list of any grant
recipients excluded under paragraph (1) from
the previous year.
(4) Prohibition on lobbying activity.--
(A) In general.--Amounts awarded under this title,
or any amendments made by this title, may not be
utilized by any grant recipient to--
(i) lobby any representative of the
Department of Justice regarding the award of
grant funding; or
(ii) lobby any representative of a Federal,
State, local, or tribal government regarding
the award of grant funding.
(B) Penalty.--If the Attorney General determines
that any recipient of a covered grant has violated
subparagraph (A), the Attorney General shall--
(i) require the grant recipient to repay
the grant in full; and
(ii) prohibit the grant recipient from
receiving another covered grant for not less
than 5 years.
SEC. 118. SAVE ACT.
(a) Short Title.--This section may be cited as the ``Stop
Advertising Victims of Exploitation Act of 2015'' or the ``SAVE Act of
2015''.
(b) Advertising That Offers Certain Commercial Acts.--
(1) In general.--Section 1591(a)(1) of title 18, United
States Code, as amended by this Act, is further amended by
inserting ``advertises,'' after ``obtains,''.
(2) Mens rea requirement.--Section 1591(a) of title 18,
United States Code, is amended in the undesignated matter
following paragraph (2), by inserting ``, except where the act
constituting the violation of paragraph (1) is advertising,''
after ``knowing, or''.
(3) Conforming amendments.--Section 1591(b) of title 18,
United States Code, as amended by this Act, is further
amended--
(A) in paragraph (1), by inserting ``advertised,''
after ``obtained,''; and
(B) in paragraph (2), by inserting ``advertised,''
after ``obtained,''.
SEC. 119. EDUCATION AND OUTREACH TO TRAFFICKING SURVIVORS.
The Attorney General shall make available, on the website of the
Office of Juvenile Justice and Delinquency Prevention, a database for
trafficking victim advocates, crisis hotline personnel, foster parents,
law enforcement personnel, and crime survivors that contains
information on--
(1) counseling and hotline resources;
(2) housing resources;
(3) legal assistance; and
(4) other services for trafficking survivors.
SEC. 120. EXPANDED STATUTE OF LIMITATIONS FOR CIVIL ACTIONS BY CHILD
TRAFFICKING SURVIVORS.
Section 1595(c) of title 18, United States Code, is amended by
striking ``not later than 10 years after the cause of action arose.''
and inserting ``not later than the later of--
``(1) 10 years after the cause of action arose; or
``(2) 10 years after the victim reaches 18 years of age, if
the victim was a minor at the time of the alleged offense.''.
SEC. 121. GAO STUDY AND REPORT.
(a) Study.--The Comptroller General of the United States shall
conduct a study on each program or initiative authorized under this Act
and the following statutes and evaluate whether any program or
initiative is duplicative:
(1) Trafficking Victims Protection Reauthorization Act of
2005 (Public Law 109-164; 119 Stat. 3558).
(2) Trafficking Victims Protection Act of 2000 (22 U.S.C.
7101 et seq.).
(3) Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et
seq.).
(4) Runaway and Homeless Youth Act (42 U.S.C. 5701 et
seq.).
(5) Missing Children's Assistance Act (42 U.S.C. 5771 et
seq.).
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
the Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report on the study
conducted under subsection (a), which shall include--
(1) a description of the cost of any duplicative program or
initiative studied under subsection (a); and
(2) recommendations on how to achieve cost savings with
respect to each duplicative program or initiative studied under
subsection (a).
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.
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)))''.
Subtitle B--Improving the Response to Victims of Child Sex Trafficking
SEC. 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''.
Subtitle C--Interagency Task Force to Monitor and Combat Trafficking
SEC. 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).
SEC. 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).
SEC. 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.
SEC. 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.
Subtitle D--Expanded Training
SEC. 231. EXPANDED TRAINING RELATING TO TRAFFICKING IN PERSONS.
Section 105(c)(4) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7105(c)(4)) is amended--
(1) by striking ``Appropriate personnel'' and inserting the
following:
``(A) In general.--Appropriate personnel'';
(2) in subparagraph (A), as redesignated, by inserting ``,
including members of the Service (as such term is defined in
section 103 of the Foreign Service Act of 1980 (22 U.S.C.
3903))'' after ``Department of State''; and
(3) by adding at the end the following:
``(B) Training components.--Training under this
paragraph shall include--
``(i) a distance learning course on
trafficking-in-persons issues and the
Department of State's obligations under this
Act, which shall be designed for embassy
reporting officers, regional bureaus'
trafficking-in-persons coordinators, and their
superiors;
``(ii) specific trafficking-in-persons
briefings for all ambassadors and deputy chiefs
of mission before such individuals depart for
their posts; and
``(iii) at least annual reminders to all
personnel referred to in clauses (i) and (ii),
including appropriate personnel from other
Federal departments and agencies, at each
diplomatic or consular post of the Department
of State located outside the United States of--
``(I) key problems, threats,
methods, and warning signs of
trafficking in persons specific to the
country or jurisdiction in which each
such post is located; and
``(II) appropriate procedures to
report information that any such
personnel may acquire about possible
cases of trafficking in persons.''.
TITLE III--HERO ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Human Exploitation Rescue
Operations Act of 2015'' or the ``HERO Act of 2015''.
SEC. 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:
``SEC. 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.''.
SEC. 303. TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED
CRIMES.
Chapter 117 of title 18, United States Code, is amended by striking
section 2421 and inserting the following:
``Sec. 2421. Transportation generally
``(a) In General.--Whoever knowingly transports any individual in
interstate or foreign commerce, or in any Territory or Possession of
the United States, with intent that such individual engage in
prostitution, or in any sexual activity for which any person can be
charged with a criminal offense, or attempts to do so, shall be fined
under this title or imprisoned not more than 10 years, or both.
``(b) Requests To Prosecute Violations by State Attorneys
General.--
``(1) In general.--The Attorney General shall grant a
request by a State attorney general that a State or local
attorney be cross designated to prosecute a violation of this
section unless the Attorney General determines that granting
the request would undermine the administration of justice.
``(2) Reason for denial.--If the Attorney General denies a
request under paragraph (1), the Attorney General shall submit
to the State attorney general a detailed reason for the denial
not later than 60 days after the date on which a request is
received.''.
TITLE IV--RAPE SURVIVOR CHILD CUSTODY
SEC. 401. SHORT TITLE.
This title may be cited as the ``Rape Survivor Child Custody Act''.
SEC. 402. DEFINITIONS.
In this title:
(1) Covered formula grant.--The term ``covered formula
grant'' means a grant under--
(A) part T of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.)
(commonly referred to as the ``STOP Violence Against
Women Formula Grant Program''); or
(B) section 41601 of the Violence Against Women Act
of 1994 (42 U.S.C. 14043g) (commonly referred to as the
``Sexual Assault Services Program'').
(2) Termination.--
(A) In general.--The term ``termination'' means,
when used with respect to parental rights, a complete
and final termination of the parent's right to custody
of, guardianship of, visitation with, access to, and
inheritance from a child.
(B) Rule of construction.--Nothing in this
paragraph shall be construed to require a State, in
order to receive an increase in the amount provided to
the State under the covered formula grants under this
title, to have in place a law that terminates any
obligation of a person who fathered a child through
rape to support the child.
SEC. 403. FINDINGS.
Congress finds the following:
(1) Men who father children through rape should be
prohibited from visiting or having custody of those children.
(2) Thousands of rape-related pregnancies occur annually in
the United States.
(3) A substantial number of women choose to raise their
child conceived through rape and, as a result, may face custody
battles with their rapists.
(4) Rape is one of the most under-prosecuted serious
crimes, with estimates of criminal conviction occurring in less
than 5 percent of rapes.
(5) The clear and convincing evidence standard is the most
common standard for termination of parental rights among the 50
States, territories, and the District of Columbia.
(6) The Supreme Court established that the clear and
convincing evidence standard satisfies due process for
allegations to terminate or restrict parental rights in
Santosky v. Kramer (455 U.S. 745 (1982)).
(7) Currently only 10 States have statutes allowing rape
survivors to petition for the termination of parental rights of
the rapist based on clear and convincing evidence that the
child was conceived through rape.
(8) A rapist pursuing parental or custody rights causes the
survivor to have continued interaction with the rapist, which
can have traumatic psychological effects on the survivor, and
can make it more difficult for her to recover.
(9) These traumatic effects on the mother can severely
negatively impact her ability to raise a healthy child.
(10) Rapists may use the threat of pursuing custody or
parental rights to coerce survivors into not prosecuting rape,
or otherwise harass, intimidate, or manipulate them.
SEC. 404. INCREASED FUNDING FOR FORMULA GRANTS AUTHORIZED.
The Attorney General shall increase the amount provided to a State
under the covered formula grants in accordance with this title if the
State has in place a law that allows the mother of any child that was
conceived through rape to seek court-ordered termination of the
parental rights of her rapist with regard to that child, which the
court is authorized to grant upon clear and convincing evidence of
rape.
SEC. 405. APPLICATION.
A State seeking an increase in the amount provided to the State
under the covered formula grants shall include in the application of
the State for each covered formula grant such information as the
Attorney General may reasonably require, including information about
the law described in section 404.
SEC. 406. GRANT INCREASE.
The amount of the increase provided to a State under the covered
formula grants under this title shall be equal to not more than 10
percent of the average of the total amount of funding provided to the
State under the covered formula grants under the 3 most recent awards
to the State.
SEC. 407. PERIOD OF INCREASE.
(a) In General.--The Attorney General shall provide an increase in
the amount provided to a State under the covered formula grants under
this title for a 2-year period.
(b) Limit.--The Attorney General may not provide an increase in the
amount provided to a State under the covered formula grants under this
title more than 4 times.
SEC. 408. ALLOCATION OF INCREASED FORMULA GRANT FUNDS.
The Attorney General shall allocate an increase in the amount
provided to a State under the covered formula grants under this title
such that--
(1) 25 percent the amount of the increase is provided under
the program described in section 402(1)(A); and
(2) 75 percent the amount of the increase is provided under
the program described in section 402(1)(B).
SEC. 409. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$5,000,000 for each of fiscal years 2015 through 2019.
TITLE V--MILITARY SEX OFFENDER REPORTING
SEC. 501. SHORT TITLE.
This title may be cited as the ``Military Sex Offender Reporting
Act of 2015''.
SEC. 502. REGISTRATION OF SEX OFFENDERS RELEASED FROM MILITARY
CORRECTIONS FACILITIES OR UPON CONVICTION.
(a) In General.--The Sex Offender Registration and Notification Act
is amended by inserting after section 128 (42 U.S.C. 16928) the
following:
``SEC. 128A. REGISTRATION OF SEX OFFENDERS RELEASED FROM MILITARY
CORRECTIONS FACILITIES OR UPON CONVICTION.
``The Secretary of Defense shall provide to the Attorney General
the information described in section 114 to be included in the National
Sex Offender Registry and the Dru Sjodin National Sex Offender Public
Website regarding persons--
``(1)(A) released from military corrections facilities; or
``(B) convicted if the sentences adjudged by courts-martial
under chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice), do not include confinement; and
``(2) required to register under this title.''.
(b) Technical and Conforming Amendment.--The table of contents of
the Adam Walsh Child Protection and Safety Act is amended by inserting
after the item relating to section 128 the following:
``Sec. 128A. Registration of sex offenders released from military
corrections facilities or upon
conviction.''.
TITLE VI--STOPPING EXPLOITATION THROUGH TRAFFICKING
SEC. 601. SAFE HARBOR INCENTIVES.
Part Q of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796dd et seq.) is amended--
(1) in section 1701(c), by striking ``where feasible'' and
all that follows, and inserting the following: ``where
feasible, to an application--
``(1) for hiring and rehiring additional career law
enforcement officers that involves a non-Federal contribution
exceeding the 25 percent minimum under subsection (g); or
``(2) from an applicant in a State that has in effect a law
that--
``(A) treats a minor who has engaged in, or has
attempted to engage in, a commercial sex act as a
victim of a severe form of trafficking in persons;
``(B) discourages or prohibits the charging or
prosecution of an individual described in subparagraph
(A) for a prostitution or sex trafficking offense,
based on the conduct described in subparagraph (A); and
``(C) encourages the diversion of an individual
described in subparagraph (A) to appropriate service
providers, including child welfare services, victim
treatment programs, child advocacy centers, rape crisis
centers, or other social services.''; and
(2) in section 1709, by inserting at the end the following:
``(5) `commercial sex act' has the meaning given the term
in section 103 of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7102).
``(6) `minor' means an individual who has not attained the
age of 18 years.
``(7) `severe form of trafficking in persons' has the
meaning given the term in section 103 of the Victims of
Trafficking and Violence Protection Act of 2000 (22 U.S.C.
7102).''.
SEC. 602. REPORT ON RESTITUTION PAID IN CONNECTION WITH CERTAIN
TRAFFICKING OFFENSES.
Section 105(d)(7)(Q) of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7103(d)(7)(Q)) is amended--
(1) by inserting after ``1590,'' the following: ``1591,'';
(2) by striking ``and 1594'' and inserting ``1594, 2251,
2251A, 2421, 2422, and 2423'';
(3) in clause (iv), by striking ``and'' at the end;
(4) in clause (v), by striking ``and'' at the end; and
(5) by inserting after clause (v) the following:
``(vi) the number of individuals required
by a court order to pay restitution in
connection with a violation of each offense
under title 18, United States Code, the amount
of restitution required to be paid under each
such order, and the amount of restitution
actually paid pursuant to each such order; and
``(vii) the age, gender, race, country of
origin, country of citizenship, and description
of the role in the offense of individuals
convicted under each offense; and''.
SEC. 603. NATIONAL HUMAN TRAFFICKING HOTLINE.
Section 107(b)(1)(B) of the Victims of Crime Trafficking and
Violence Protection Act of 2000 (22 U.S.C. 7105(b)(1)(B)) is amended--
(1) by striking ``Subject'' and inserting the following:
``(i) In general.--Subject''; and
(2) by adding at the end the following:
``(ii) National human trafficking
hotline.--Beginning in fiscal year 2017, and in
each fiscal year thereafter, of amounts made
available for grants under paragraph (2), the
Secretary of Health and Human Services shall
make grants for a national communication system
to assist victims of severe forms of
trafficking in persons in communicating with
service providers. The Secretary shall give
priority to grant applicants that have
experience in providing telephone services to
victims of severe forms of trafficking in
persons.''.
SEC. 604. JOB CORPS ELIGIBILITY.
Section 144(a)(3) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3194(a)(3)) is amended by adding at the end the following:
``(F) A victim of a severe form of trafficking in
persons (as defined in section 103 of the Victims of
Trafficking and Violence Protection Act of 2000 (22
U.S.C. 7102)). Notwithstanding paragraph (2), an
individual described in this subparagraph shall not be
required to demonstrate eligibility under such
paragraph.''.
SEC. 605. CLARIFICATION OF AUTHORITY OF THE UNITED STATES MARSHALS
SERVICE.
Section 566(e)(1) of title 28, United States Code, 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 inserting after subparagraph (C) the following:
``(D) assist State, local, and other Federal law
enforcement agencies, upon the request of such an
agency, in locating and recovering missing children.''.
SEC. 606. ESTABLISHING A NATIONAL STRATEGY TO COMBAT HUMAN TRAFFICKING.
(a) In General.--The Attorney General shall implement and maintain
a National Strategy for Combating Human Trafficking (referred to in
this section as the ``National Strategy'') in accordance with this
section.
(b) Required Contents of National Strategy.--The National Strategy
shall include the following:
(1) Integrated Federal, State, local, and tribal efforts to
investigate and prosecute human trafficking cases, including--
(A) the development by each United States attorney,
in consultation with State, local, and tribal
government agencies, of a district-specific strategic
plan to coordinate the identification of victims and
the investigation and prosecution of human trafficking
crimes;
(B) the appointment of not fewer than 1 assistant
United States attorney in each district dedicated to
the prosecution of human trafficking cases or
responsible for implementing the National Strategy;
(C) the participation in any Federal, State, local,
or tribal human trafficking task force operating in the
district of the United States attorney; and
(D) any other efforts intended to enhance the level
of coordination and cooperation, as determined by the
Attorney General.
(2) Case coordination within the Department of Justice,
including specific integration, coordination, and
collaboration, as appropriate, on human trafficking
investigations between and among the United States attorneys,
the Human Trafficking Prosecution Unit, the Child Exploitation
and Obscenity Section, and the Federal Bureau of Investigation.
(3) Annual budget priorities and Federal efforts dedicated
to preventing and combating human trafficking, including
resources dedicated to the Human Trafficking Prosecution Unit,
the Child Exploitation and Obscenity Section, the Federal
Bureau of Investigation, and all other entities that receive
Federal support that have a goal or mission to combat the
exploitation of adults and children.
(4) An ongoing assessment of the future trends, challenges,
and opportunities, including new investigative strategies,
techniques, and technologies, that will enhance Federal, State,
local, and tribal efforts to combat human trafficking.
(5) Encouragement of cooperation, coordination, and mutual
support between private sector and other entities and
organizations and Federal agencies to combat human trafficking,
including the involvement of State, local, and tribal
government agencies to the extent Federal programs are
involved.
TITLE VII--TRAFFICKING AWARENESS TRAINING FOR HEALTH CARE
SEC. 701. SHORT TITLE.
This title may be cited as the ``Trafficking Awareness Training for
Health Care Act of 2015''.
SEC. 702. DEVELOPMENT OF BEST PRACTICES.
(a) Grant or Contract for Development of Best Practices.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human
Services acting through the Administrator of the Health
Resources and Services Administration, and in consultation with
the Administration on Children and Families and other agencies
with experience in serving victims of human trafficking, shall
award, on a competitive basis, a grant or contract to an
eligible entity to train health care professionals to recognize
and respond to victims of a severe form of trafficking.
(2) Development of evidence-based best practices.--An
entity receiving a grant under paragraph (1) shall develop
evidence-based best practices for health care professionals to
recognize and respond to victims of a severe form of
trafficking, including--
(A) consultation with law enforcement officials,
social service providers, health professionals, experts
in the field of human trafficking, and other experts,
as appropriate, to inform the development of such best
practices;
(B) the identification of any existing best
practices or tools for health professionals to
recognize potential victims of a severe form of
trafficking; and
(C) the development of educational materials to
train health care professionals on the best practices
developed under this subsection.
(3) Requirements.--Best practices developed under this
subsection shall address--
(A) risk factors and indicators to recognize
victims of a severe form of trafficking;
(B) patient safety and security;
(C) the management of medical records of patients
who are victims of a severe form of trafficking;
(D) public and private social services available
for rescue, food, clothing, and shelter referrals;
(E) the hotlines for reporting human trafficking
maintained by the National Human Trafficking Resource
Center and the Department of Homeland Security;
(F) validated assessment tools for the
identification of victims of a severe form of
trafficking; and
(G) referral options and procedures for sharing
information on human trafficking with a patient and
making referrals for legal and social services as
appropriate.
(4) Pilot program.--An entity receiving a grant under
paragraph (1) shall design and implement a pilot program to
test the best practices and educational materials identified or
developed with respect to the recognition of victims of human
trafficking by health professionals at health care sites
located near an established anti-human trafficking task force
initiative in each of the 10 administrative regions of the
Department of Health and Human Services.
(5) Analysis and report.--Not later than 24 months after
the date on which an entity implements a pilot program under
paragraph (4), the entity shall--
(A) analyze the results of the pilot programs,
including through an assessment of--
(i) changes in the skills, knowledge, and
attitude of health care professionals resulting
from the implementation of the program;
(ii) the number of victims of a severe form
of trafficking who were identified under the
program;
(iii) of those victims identified, the
number who received information or referrals
for services offered; and
(iv) of those victims who received such
information or referrals--
(I) the number who participated in
follow up services; and
(II) the type of follow up services
received;
(B) determine, using the results of the analysis
conducted under subparagraph (A), the extent to which
the best practices developed under this subsection are
evidence-based; and
(C) submit to the Secretary of Health and Human
Services a report concerning the pilot program and the
analysis of the pilot program under subparagraph (A),
including an identification of the best practices that
were identified as effective and those that require
further review.
(b) Dissemination.--Not later than 30 months after date on which a
grant is awarded to an eligible entity under subsection (a), the
Secretary of Health and Human Services shall--
(1) collaborate with appropriate professional associations
and health care professional schools to disseminate best
practices identified or developed under subsection (a) for
purposes of recognizing potential victims of a severe form of
trafficking; and
(2) post on the public website of the Department of Health
and Human Services the best practices that are identified by
the as effective under subsection (a)(5).
SEC. 703. DEFINITIONS.
In this title:
(1) The term ``eligible entity'' means an accredited school
of medicine or nursing with experience in the study or
treatment of victims of a severe form of trafficking.
(2) The term ``eligible site'' means a health center that
is receiving assistance under section 330, 399Z-1, or 1001 of
the Public Health Service Act (42 U.S.C. 254b, 280h-5, and
300).
(3) The term ``health care professional'' means a person
employed by a health care provider who provides to patients
information (including information not related to medical
treatment), scheduling, services, or referrals.
(4) The term ``HIPAA privacy and security law'' has the
meaning given to such term in section 3009 of the Public Health
Service Act (42 U.S.C. 300jj-19).
(5) The term ``victim of a severe form of trafficking'' has
the meaning given to such term in section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
SEC. 704. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.
No additional funds are authorized to be appropriated to carry out
this title, and this title shall be carried out using amounts otherwise
available for such purpose.
TITLE VIII--BETTER RESPONSE FOR VICTIMS OF CHILD SEX TRAFFICKING
SEC. 801. SHORT TITLE.
This title may be cited as the ``Ensuring a Better Response for
Victims of Child Sex Trafficking''.
SEC. 802. CAPTA AMENDMENTS.
(a) In General.--The amendments to the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5101 et seq.) made by this section shall take
effect 2 years after the date of the enactment of this Act.
(b) State Plans.--Section 106 of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106a) is amended--
(1) in subsection (b)(2)(B)--
(A) in clause (xxii), by striking ``and'' at the
end; and
(B) by adding at the end the following:
``(xxiv) provisions and procedures
requiring identification and assessment of all
reports involving children known or suspected
to be victims of sex trafficking (as defined in
section 103(10) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102 (10));
and
``(xxv) provisions and procedures for
training child protective services workers
about identifying, assessing, and providing
comprehensive services for children who are sex
trafficking victims, including efforts to
coordinate with State law enforcement, juvenile
justice, and social service agencies such as
runaway and homeless youth shelters to serve
this population;''; and
(2) in subsection (d), by adding at the end the following:
``(17) The number of children determined to be victims
described in subsection (b)(2)(B)(xxiv).''.
(c) Special Rule.--
(1) In general.--Section 111 of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5106g) is amended--
(A) by striking ``For purposes'' and inserting the
following:
``(a) Definitions.--For purposes''; and
(B) by adding at the end the following:
``(b) Special Rule.--
``(1) In general.--For purposes of section 3(2) and
subsection (a)(4), a child shall be considered a victim of
`child abuse and neglect' and of `sexual abuse' if the child is
identified, by a State or local agency employee of the State or
locality involved, as being a victim of sex trafficking (as
defined in paragraph (10) of section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102)) or a victim of
severe forms of trafficking in persons described in paragraph
(9)(A) of that section.
``(2) State option.--Notwithstanding the definition of
`child' in section 3(1), a State may elect to define that term
for purposes of the application of paragraph (1) to section
3(2) and subsection (a)(4) as a person who has not attained the
age of 24.''.
(2) Conforming amendment.--Section 3(2) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5101 note) is amended
by inserting ``(including sexual abuse as determined under
section 111)'' after ``sexual abuse or exploitation''.
(3) Technical correction.--Paragraph (5)(C) of subsection
(a), as so designated, of section 111 of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106g) is amended by
striking ``inhumane;'' and inserting ``inhumane.''.
TITLE IX--ANTI-TRAFFICKING TRAINING FOR DEPARTMENT OF HOMELAND SECURITY
PERSONNEL
SEC. 901. DEFINITIONS.
In this title:
(1) Department.--The term ``Department'' means the
Department of Homeland Security.
(2) Human trafficking.--The term ``human trafficking''
means an act or practice described in paragraph (9) or (10) of
section 103 of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7102).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 902. TRAINING FOR DEPARTMENT PERSONNEL TO IDENTIFY HUMAN
TRAFFICKING.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall implement a program to--
(1) train and periodically retrain relevant Transportation
Security Administration, U.S. Customs and Border Protection,
and other Department personnel that the Secretary considers
appropriate, with respect to how to effectively deter, detect,
and disrupt human trafficking, and, where appropriate,
interdict a suspected perpetrator of human trafficking, during
the course of their primary roles and responsibilities; and
(2) ensure that the personnel referred to in paragraph (1)
regularly receive current information on matters related to the
detection of human trafficking, including information that
becomes available outside of the Department's initial or
periodic retraining schedule, to the extent relevant to their
official duties and consistent with applicable information and
privacy laws.
(b) Training Described.--The training referred to in subsection (a)
may be conducted through in-class or virtual learning capabilities, and
shall include--
(1) methods for identifying suspected victims of human
trafficking and, where appropriate, perpetrators of human
trafficking;
(2) for appropriate personnel, methods to approach a
suspected victim of human trafficking, where appropriate, in a
manner that is sensitive to the suspected victim and is not
likely to alert a suspected perpetrator of human trafficking;
(3) training that is most appropriate for a particular
location or environment in which the personnel receiving such
training perform their official duties;
(4) other topics determined by the Secretary to be
appropriate; and
(5) a post-training evaluation for personnel receiving the
training.
(c) Training Curriculum Review.--The Secretary shall annually
reassess the training program established under subsection (a) to
ensure it is consistent with current techniques, patterns, and trends
associated with human trafficking.
SEC. 903. CERTIFICATION AND REPORT TO CONGRESS.
(a) Certification.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall certify to Congress that all
personnel referred to in section 402(a) have successfully completed the
training required under that section.
(b) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act and annually thereafter, the Secretary shall
report to Congress with respect to the overall effectiveness of the
program required by this title, the number of cases reported by
Department personnel in which human trafficking was suspected, and, of
those cases, the number of cases that were confirmed cases of human
trafficking.
SEC. 904. ASSISTANCE TO NON-FEDERAL ENTITIES.
The Secretary may provide training curricula to any State, local,
or tribal government or private organization to assist the government
or organization in establishing a program of training to identify human
trafficking, upon request from the government or organization.
SEC. 905. EXPANDED USE OF DOMESTIC TRAFFICKING VICTIMS' FUND.
Section 3014(e)(1) of title 18, United States Code, as added by
section 101 of this Act, 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) section 106 of the PROTECT Our Children Act
of 2008 (42 U.S.C. 17616).''.
TITLE X--HUMAN TRAFFICKING SURVIVORS RELIEF AND EMPOWERMENT ACT
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Human Trafficking Survivors Relief
and Empowerment Act of 2015''.
SEC. 1002. PROTECTIONS FOR HUMAN TRAFFICKING SURVIVORS.
Section 1701(c) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd(c)) is amended by striking
``where feasible'' and all that follows, and inserting the following:
``where feasible, to an application--
``(1) for hiring and rehiring additional career law
enforcement officers that involves a non-Federal contribution
exceeding the 25 percent minimum under subsection (g); or
``(2) from an applicant in a State that has in effect a
law--
``(A) that--
``(i) provides a process by which an
individual who is a human trafficking survivor
can move to vacate any arrest or conviction
records for a non-violent offense committed as
a direct result of human trafficking, including
prostitution or lewdness;
``(ii) establishes a rebuttable presumption
that any arrest or conviction of an individual
for an offense associated with human
trafficking is a result of being trafficked, if
the individual--
``(I) is a person granted
nonimmigrant status pursuant to section
101(a)(15)(T)(i) of the Immigration and
Nationality Act (8 U.S.C.
1101(a)(15)(T)(i));
``(II) is the subject of a
certification by the Secretary of
Health and Human Services under section
107(b)(1)(E) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C.
7105(b)(1)(E)); or
``(III) has other similar
documentation of trafficking, which has
been issued by a Federal, State, or
local agency; and
``(iii) protects the identity of
individuals who are human trafficking survivors
in public and court records; and
``(B) that does not require an individual who is a
human trafficking survivor to provide official
documentation as described in subclause (I), (II), or
(III) of subparagraph (A)(ii) in order to receive
protection under the law.''.
Passed the Senate April 22, 2015.
Attest:
Secretary.
114th CONGRESS
1st Session
S. 178
_______________________________________________________________________
AN ACT
To provide justice for the victims of trafficking.