[Congressional Record Volume 159, Number 165 (Tuesday, November 19, 2013)]
[Senate]
[Pages S8193-S8197]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORNYN (for himself, Mr. Wyden, Mr. Kirk, Ms. Klobuchar, 
        and Mr. Rubio):
  S. 1738. A bill to provide justice for the victims of trafficking; to 
the Committee on the Judiciary.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1738

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Justice for Victims of 
     Trafficking Act of 2013''.

     SEC. 2. DOMESTIC TRAFFICKING VICTIMS' FUND.

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

     ``Sec. 3014. Additional special assessment

       ``(a) In addition to the assessment imposed under section 
     3013, the court shall assess an amount of $5,000 on any 
     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

[[Page S8194]]

       ``(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) An assessment under subsection (a) shall not be 
     payable until the person subject to the assessment has 
     satisfied all outstanding court-ordered fines and orders of 
     restitution arising from the criminal convictions on which 
     the special assessment is based.
       ``(c) 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) Notwithstanding section 3302 of title 31, United 
     States Code, or any other law regarding the crediting of 
     money received for the Government, there shall be deposited 
     in the Fund an amount equal to the amount of the assessments 
     collected under this section, which shall remain available 
     until expended.
       ``(e)(1) From amounts in the Fund, and without further 
     appropriation, the Attorney General, in coordination with the 
     Secretary of Health and Human Services shall, for each of 
     fiscal years 2015 through 2019, use amounts available in the 
     Fund to award grants or enhance victims' programming under--
       ``(A) sections 202, 203, and 204 of the Trafficking Victims 
     Protection Reauthorization Act of 2005 (42 U.S.C. 14044a, 
     14044b, and 14044c);
       ``(B) subsections (b)(2) and (f) of section 107 of the 
     Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105); 
     and
       ``(C) section 214(b) of the Victims of Child Abuse Act of 
     1990 (42 U.S.C. 13002(b)).
       ``(2) Of the amounts in the Fund used under paragraph (1), 
     not less than $2,000,000 shall be used for grants to provide 
     services for child pornography victims under section 214(b) 
     of the Victims of Child Abuse Act of 1990 (42 U.S.C. 
     13002(b)).
       ``(f)(1) Effective on the day after the date of enactment 
     of the Justice for Victims of Trafficking Act of 2013, on 
     September 30 of each fiscal year, all unobligated balances in 
     the Fund shall be transferred to the Crime Victims Fund 
     established under section 1402 of the Victims of Crime Act of 
     1984 (42 U.S.C. 10601).
       ``(2) Amounts transferred under paragraph (1)--
       ``(A) shall be available for any authorized purpose of the 
     Crime Victims Fund; and
       ``(B) shall remain available until expended.
       ``(g) The amount assessed under subsection (a) shall, 
     subject to subsection (b), be collected in the manner that 
     fines are collected in criminal cases.
       ``(h) The obligation to pay an assessment imposed on or 
     after the date of enactment of the Justice for Victims of 
     Trafficking Act of 2013 shall not cease until the assessment 
     is paid in full.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 201 of title 18, United States Code, is 
     amended by inserting after the item relating to section 3013 
     the following:

``3014. Additional special assessment.''.

     SEC. 3. OFFICIAL RECOGNITION OF AMERICAN VICTIMS OF HUMAN 
                   TRAFFICKING.

       Section 107(f) of the Trafficking Victims Protection Act of 
     2000 (22 U.S.C. 7105) is amended by adding at the end the 
     following:
       ``(4) Official recognition of american victims of human 
     trafficking.--
       ``(A) In general.--Upon receiving credible information that 
     establishes by a preponderance of the evidence that a covered 
     individual is a victim of a severe form of trafficking and at 
     the request of the covered individual, the Secretary of 
     Health and Human Services shall promptly issue a 
     determination that the covered individual is a victim of a 
     severe form of trafficking. The Secretary shall have 
     exclusive authority to make such a determination.
       ``(B) Covered individual defined.--In this subsection, the 
     term `covered individual' means--
       ``(i) a citizen of the United States; or
       ``(ii) an alien lawfully admitted for permanent residence 
     (as that term is defined in section 101(20) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(20)).
       ``(C) Procedure.--For purposes of this paragraph, in 
     determining whether a covered individual has provided 
     credible information that the covered individual is a victim 
     of a severe form of trafficking, the Secretary of Health and 
     Human Services shall consider all relevant and credible 
     evidence, and if appropriate, consult with the Attorney 
     General, the Secretary of Homeland Security, or the Secretary 
     of Labor.
       ``(D) Presumptive evidence.--For purposes of this 
     paragraph, the following forms of evidence shall receive 
     deference in determining whether a covered individual has 
     established that the covered individual is a victim of a 
     severe form of trafficking:
       ``(i) A sworn statement by the covered individual or a 
     representative of the covered individual if the covered 
     individual is present at the time of such statement but not 
     able to competently make such sworn statement.
       ``(ii) Police, government agency, or court records or 
     files.
       ``(iii) Documentation from a social services, trafficking, 
     or domestic violence program, child welfare or runaway and 
     homeless youth program, or a legal, clinical, medical, or 
     other professional from whom the covered individual has 
     sought assistance in dealing with the crime.
       ``(iv) A statement from any other individual with knowledge 
     of the circumstances that provided the basis for the claim.
       ``(v) Physical evidence.
       ``(E) Regulations required.--Not later than 180 days after 
     the date of enactment of the Justice for Victims of 
     Trafficking Act of 2013, the Secretary of Health and Human 
     Services shall adopt regulations to implement this paragraph.
       ``(F) Rule of construction; official recognition 
     optional.--Nothing in this paragraph shall be construed to 
     require a covered individual to obtain a determination under 
     this paragraph in order to be defined or classified as a 
     victim of a severe form of trafficking under this section.''.

     SEC. 4. VICTIM-CENTERED 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 make 
     block grants to an eligible entity to develop, improve, or 
     expand comprehensive domestic child human trafficking 
     deterrence programs that assist law enforcement officers, 
     prosecutors, judicial officials, and qualified victims' 
     services organizations in collaborating to rescue and restore 
     the lives of victims, while investigating and prosecuting 
     offenses involving child human trafficking.
       ``(b) Authorized Activities.--Grants awarded under 
     subsection (a) may be used for--
       ``(1) the establishment or enhancement of specialized 
     training programs for law enforcement officers, first 
     responders, health care officials, child welfare officials, 
     juvenile justice personnel, prosecutors, and judicial 
     personnel to--
       ``(A) identify victims and acts of child human trafficking;
       ``(B) address the unique needs of child victims of human 
     trafficking;
       ``(C) facilitate the rescue of child victims of human 
     trafficking;
       ``(D) investigate and prosecute acts of human trafficking, 
     including the soliciting, patronizing, or purchasing of 
     commercial sex acts from children, as well as training to 
     build cases against complex criminal networks involved in 
     child human trafficking;
       ``(E) use laws that prohibit acts of child human 
     trafficking, child sexual abuse, and child rape, and to 
     assist in the development of State and local laws to 
     prohibit, investigate, and prosecute acts of child human 
     trafficking; and
       ``(F) implement and provide education on safe harbor laws 
     enacted by States, aimed at preventing the criminalization 
     and prosecution of child sex trafficking victims for 
     prostitution offenses;
       ``(2) the establishment or enhancement of dedicated anti-
     trafficking law enforcement units and task forces to 
     investigate child human trafficking offenses and to rescue 
     victims, including--
       ``(A) funding salaries, in whole or in part, for law 
     enforcement officers, including patrol officers, detectives, 
     and investigators, except that the percentage of the salary 
     of the law enforcement officer paid for by funds from a grant 
     awarded under this section shall not be more than the 
     percentage of the officer's time on duty that is dedicated to 
     working on cases involving child human trafficking; and
       ``(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) non-governmental organizations and shelter service 
     providers with substantial experience in delivering 
     comprehensive services to victims of child human trafficking; 
     and

[[Page S8195]]

       ``(3) the establishment or enhancement of problem solving 
     court programs for trafficking victims that include--
       ``(A) mandatory and regular training requirements for 
     judicial officials involved in the administration or 
     operation of the court program described under this 
     paragraph;
       ``(B) continuing judicial supervision of victims of child 
     human trafficking who have been identified by a law 
     enforcement or judicial officer as a potential victim of 
     child human trafficking, regardless of whether the victim has 
     been charged with a crime related to human trafficking;
       ``(C) the development of a specialized and individualized, 
     court-ordered treatment program for identified victims of 
     child human trafficking, including--
       ``(i) State-administered outpatient treatment;
       ``(ii) life skills training;
       ``(iii) housing placement;
       ``(iv) vocational training;
       ``(v) education;
       ``(vi) family support services; and
       ``(vii) job placement;
       ``(D) centralized case management involving the 
     consolidation of all of each child human trafficking victim's 
     cases and offenses, and the coordination of all trafficking 
     victim treatment programs and social services;
       ``(E) regular and mandatory court appearances by the victim 
     during the duration of the treatment program for purposes of 
     ensuring compliance and effectiveness;
       ``(F) the ultimate dismissal of relevant non-violent 
     criminal charges against the victim, where such victim 
     successfully complies with the terms of the court-ordered 
     treatment program; and
       ``(G) collaborative efforts with child advocacy centers, 
     child welfare agencies, shelters, and non-governmental 
     organizations to provide comprehensive 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; and
       ``(C) provide such additional information and assurances as 
     the Attorney General determines to be necessary to ensure 
     compliance with the requirements of this section.
       ``(3) Preference.--In reviewing applications submitted in 
     accordance with paragraphs (1) and (2), the Attorney General 
     shall give preference to grant applications if--
       ``(A) the application includes a plan to use awarded funds 
     to engage in all activities described under paragraphs (1) 
     through (3) of subsection (b); or
       ``(B) the application includes a plan by the State or unit 
     of local government to continue funding of all activities 
     funded by the award after the expiration of the award.
       ``(d) Duration and Renewal of Award.--
       ``(1) In general.--A grant under this section shall expire 
     1 year after the date of award of the grant.
       ``(2) Renewal.--A grant under this section shall be 
     renewable not more than 3 times and for a period of not 
     greater than 1 year.
       ``(e) Evaluation.--The Attorney General shall enter into a 
     contract with an academic or non-profit organization that has 
     experience in issues related to child human trafficking and 
     evaluation of grant programs to conduct an annual evaluation 
     of grants made under this section to determine the impact and 
     effectiveness of programs funded with grants awarded under 
     this section.
       ``(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 3 percent 
     of the total amount appropriated 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.
       ``(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 2015 through 2019.
       ``(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;
       ``(D) has a victim certification process for eligibility 
     and access to State-administered medical care to ensure that 
     minor victims of human trafficking who are not eligible for 
     interim assistance under section 107(b)(1)(F) of the 
     Trafficking Victims Protection Act of 2000 (22 U.S.C. 
     7105(b)(1)(F)) are granted eligibility for, and have access 
     to, State-administered medical care immediately upon 
     certification as such a victim, or as soon as practicable 
     thereafter but not later than the period determined by the 
     Assistant Attorney General in consultation with the Assistant 
     Secretary for Children and Families of the Department; and
       ``(E) 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. 5. DIRECT SERVICES FOR VICTIMS OF CHILD PORNOGRAPHY.

       The Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et 
     seq.) is amended--
       (1) in section 212(5) (42 U.S.C. 13001a(5)), by inserting 
     ``, including human trafficking and the production of child 
     pornography'' before the semicolon at the end; and
       (2) in section 214 (42 U.S.C. 13002)--
       (A) by redesignating subsections (b), (c), and (d) as 
     subsections (c), (d), and (e), respectively; and
       (B) by inserting after subsection (a) the following:
       ``(b) Direct Services for Victims of Child Pornography.--
     The Administrator, in coordination with the Director and with 
     the Director of the Office of Victims of Crime, may make 
     grants to develop and implement specialized programs to 
     identify and provide direct services to victims of child 
     pornography.''.

     SEC. 6. INCREASING RESTITUTION FOR TRAFFICKING VICTIMS.

       (a) Title 18 Amendments.--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'';
       (ii) by inserting ``or any property traceable to such 
     property'' after ``such violation''; and
       (iii) in paragraph (2), by inserting ``, or any property 
     traceable to such property'' after ``such violation''; and
       (B) in subsection (e)(1)(A)--
       (i) by striking ``Any property, real or personal, used or'' 
     and inserting ``Any property, real or personal, involved in, 
     used, or''; and

[[Page S8196]]

       (ii) by inserting ``, or any property traceable to such 
     property'' after ``any violation of this chapter'';
       (2) by redesignating subsection (f) as subsection (g); and
       (3) by inserting after subsection (e) the following:
       ``(f) 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. Such transfers shall have priority over any 
     other claims to the assets or their proceeds.''.
       (b) Title 28 Amendment.--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) Title 31 Amendment.--Section 9703(a)(2)(B) of title 31, 
     United States Code, (relating to the Department of the 
     Treasury Forfeiture Fund) is amended--
       (1) in clause (iii)(III), by striking ``and'' at the end;
       (2) in clause (iv), by striking the period at the end and 
     inserting ``; and''; and
       (3) by inserting after clause (iv) the following:
       ``(v) the United States Immigration and Customs Enforcement 
     with respect to a violation of chapter 77 of title 18 
     (relating to human trafficking).''.

     SEC. 7. STREAMLINING STATE AND LOCAL HUMAN TRAFFICKING 
                   INVESTIGATIONS.

       Section 2516(2) of title 18, United States Code, is amended 
     by inserting ``human trafficking, child sexual exploitation, 
     child pornography production,'' after ``kidnapping,''.

     SEC. 8. FIGHTING COMPLEX CRIMINAL ENTERPRISES ENGAGED IN 
                   HUMAN TRAFFICKING.

       (a) In General.--Chapter 96 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``SEC. 1969. AGGRAVATED HUMAN TRAFFICKING RACKETEERING.

       ``(a) Definitions.--In this section--
       ``(1) the term `aggravated human-trafficking racketeering 
     activity' means any activity that--
       ``(A) is a racketeering activity (as defined in section 
     1961(1)); and
       ``(B) includes--
       ``(i) any act or threat involving murder, kidnapping, human 
     trafficking, sexual exploitation, coerced prostitution, or 
     the production of child pornography, which is chargeable 
     under State law and punishable by imprisonment for more than 
     1 year (as amended or revised as of the date on which the 
     activity occurred or, in the instance of a continuing 
     offense, the date on which the charges under this section are 
     filed in a particular matter); or
       ``(ii) any act that is indictable under (as amended or 
     revised as of the date on which the activity occurred or, in 
     the instance of a continuing offense, the date on which 
     charges under this section are filed in a particular 
     matter)--

       ``(I) sections 1581 through 1592 (relating to peonage, 
     slavery, and trafficking in persons);
       ``(II) section 1958 (relating to use of interstate commerce 
     facilities in the commission of murder-for-hire);
       ``(III) section 1959 (relating to violent crimes in aid of 
     racketeering);
       ``(IV) section 2251, 2251A, 2252, or 2260 (relating to 
     sexual exploitation of children); or
       ``(V) sections 2421 through 2424 (relating to slave 
     traffic); and

       ``(2) the term `enterprise' has the meaning given the term 
     in section 1961.
       ``(b) Prohibited Activities.--It shall be unlawful for any 
     person to participate, directly or indirectly, in or relating 
     to the affairs of any enterprise engaged in, or the 
     activities of which affect, interstate or foreign commerce, 
     if--
       ``(1)(A) such participation within the enterprise includes 
     committing or causing to be committed 2 or more acts of 
     aggravated human-trafficking racketeering activity in or 
     relating to the affairs of the enterprise; or
       ``(B) such participation within the enterprise includes any 
     act of participation with the intention that some known or 
     unknown participant or participants within the enterprise 
     would commit, or would cause to be committed, individually or 
     collectively, 2 or more acts of aggravated human-trafficking 
     racketeering activity in or relating to the affairs of the 
     enterprise.
       ``(c) Conspiracy.--It shall be unlawful for any person to 
     conspire to violate subsection (b).
       ``(d) Criminal Penalties.--
       ``(1) In general.--Whoever violates this section shall be 
     punished in accordance with section 1963.
       ``(2) Clarification of punishable offenses.--Any person 
     prosecuted under this section may be both convicted and 
     sentenced in any court of competent jurisdiction for any 
     combination of the following:
       ``(A) The offense of conspiring to violate this section, 
     and for any other particular offense or offenses that may be 
     an object of the conspiracy.
       ``(B) Any violation of this section.
       ``(C) Any aggravated human-trafficking racketeering 
     activity.''.
       (b) Penalties.--Section 1963 of title 18, United States 
     Code, is amended by inserting ``or section 1969'' after 
     ``section 1962'' each place it appears.
       (c) Violent Crimes in Aid of Racketeering.--Section 1959 of 
     title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) by inserting ``or aggravated human-trafficking 
     racketeering activity'' before ``, or for the purpose''; and
       (B) by striking ``murders, kidnaps, maims'' and inserting 
     ``aggravated human trafficking racketeering activity, 
     murders, kidnaps, human trafficking, sexual exploitation, 
     coerced prostitution, maims''; and
       (2) in subsection (b)--
       (A) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively; and
       (B) by inserting before paragraph (2), as redesignated, the 
     following:
       ``(1) `aggravated human-trafficking racketeering activity' 
     has the meaning given the term in section 1969;''.
       (d) Table of Sections.--The table of sections for chapter 
     96 of title 18, United States Code, is amended by inserting 
     after the item relating to section 1968 the following:

``1969. Aggravated human trafficking racketeering.''.

     SEC. 9. ENHANCING HUMAN TRAFFICKING REPORTING.

       (a) In General.--Section 505 of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) 
     is amended by adding at the end the following:
       ``(i) Part 1 Violent Crimes to Include Human Trafficking.--
     For purposes of this section, the term `part 1 violent 
     crimes' shall include severe forms of trafficking in persons, 
     as defined in section 103 of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7102).''.
       (b) Crime Control Act Amendments.--Section 3702 of the 
     Crime Control Act of 1990 (42 U.S.C. 5780) is amended--
       (1) in paragraph (2), by striking ``and'' at the end; and
       (2) in paragraph (4)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``paragraph (2)'' and inserting ``paragraph (3)'';
       (B) in subparagraph (A), by inserting ``and a photograph 
     taken within the previous 180 days'' after ``dental 
     records'';
       (C) in subparagraph (B), by striking ``and'' at the end;
       (D) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (E) by inserting after subparagraph (B) the following:
       ``(C) notify the National Center for Missing and Exploited 
     Children of each report received relating to a child reported 
     missing from a foster care family home or childcare 
     institution; and''.

     SEC. 10. 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''.

     SEC. 11. USING EXISTING TASK FORCES 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 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.

     SEC. 12. ENHANCED PENALTIES FOR HUMAN TRAFFICKING, CHILD 
                   EXPLOITATION, AND REPEAT OFFENDERS.

       Part 1 of title 18, United States Code, is amended--
       (1) in chapter 77--
       (A) in section 1583(a), in the flush text following 
     paragraph (3), by striking ``not more than 20 years'' and 
     inserting ``not more than 30 years'';
       (B) in section 1587, by striking ``four years'' and 
     inserting ``10 years''; and
       (C) in section 1591(d), by striking ``20 years'' and 
     inserting ``25 years''; and
       (2) in section 2426(a), by striking ``twice'' and inserting 
     ``3 times''.

     SEC. 13. 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. 14. COMBATING SEX TOURISM.

       Section 2423 of title 18, United States Code is amended--
       (1) in subsection (b), by striking ``for the purpose'' and 
     inserting ``with a motivating purpose of''; and
       (2) in subsection (d), by striking ``for the purpose of 
     engaging'' and inserting ``with a motivating purpose of 
     engaging''.

     SEC. 15. GRANT ACCOUNTABILITY.

       (a) Definition.--In this section, the term ``covered 
     grant'' means a grant awarded by

[[Page S8197]]

     the Attorney General under section 203 of the Trafficking 
     Victims Protection Reauthorization Act (42 U.S.C. 14044b).
       (b) Accountability.--All covered grants shall be subject to 
     the following accountability provisions:
       (1) Audit requirement.--
       (A) Definition.--In this paragraph, the term ``unresolved 
     audit finding'' means an audit report finding in the final 
     audit report of the Inspector General of the Department of 
     Justice that the grantee has used grant funds for an 
     unauthorized expenditure or otherwise unallowable cost that 
     is not closed or resolved during the 12-month period 
     beginning on the date on which the final audit report is 
     issued.
       (B) Requirement.--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 
     covered grants 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.
       (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 first 2 
     fiscal years beginning after the end of the 12-month period 
     described in subparagraph (A).
       (D) Priority.--In awarding covered grants, the Attorney 
     General shall give priority to eligible applicants that did 
     not have an unresolved audit finding during the 3 fiscal 
     years before submitting an application for a covered grant.
       (E) Reimbursement.--If an entity is awarded a covered grant 
     during the 2-fiscal-year period during which the entity is 
     barred from receiving grants under subparagraph (C), the 
     Attorney General shall--
       (i) deposit an amount equal to the amount of 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 subparagraph available for 
     public inspection.
       (3) Conference expenditures.--
       (A) Limitation.--No amounts authorized to be appropriated 
     to the Department of Justice under this Act may be used by 
     the Attorney General, or by any individual or entity awarded 
     discretionary funds through a cooperative agreement under 
     this Act or an Act amended by this Act, to host or support 
     any expenditure for conferences that uses more than $20,000 
     in funds made available to the Department of Justice, unless 
     the Deputy Attorney General or the appropriate Assistant 
     Attorney General, Director, or principal deputy (as 
     designated by the Deputy Attorney General) provides prior 
     written authorization that the funds may be expended to host 
     the 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, 
     beverages, audio-visual equipment, honoraria for speakers, 
     and 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 conference expenditures approved under 
     this paragraph.
       (4) Annual certification.--Beginning in the first fiscal 
     year beginning after the date of enactment of this Act, the 
     Attorney General shall submit, to the Committee on the 
     Judiciary and the Committee on Appropriations of the Senate 
     and the Committee on the Judiciary and the Committee on 
     Appropriations of the House of Representatives, an annual 
     certification indicating whether--
       (A) 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;
       (B) all mandatory exclusions required under paragraph 
     (1)(C) have been issued;
       (C) all reimbursements required under paragraph (1)(E) have 
     been made; and
       (D) includes a list of any grant recipients excluded under 
     paragraph (1) from the previous year.

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