Justice for Victims of Trafficking Act of 2013 - Amends the federal criminal code to impose an additional penalty of $5,000 on any person or entity convicted of crimes relating to: (1) peonage, slavery, and trafficking in persons; (2) sexual abuse; (3) sexual exploitation and other abuse of children; (4) transportation for illegal sexual activity; or (5) human smuggling in violation of the Immigration and Nationality Act. Establishes in the Treasury the Domestic Trafficking Victims' Fund into which such penalties shall be deposited and which shall be used in FY2015-FY2019 to award grants or enhance victims' programming under the Trafficking Victims Protection Act of 2000, the Trafficking Victims Protection Reauthorization Act of 2005, and the Victims of Child Abuse Act of 1990. Allots funds to provide services for child pornography victims.
Amends the Trafficking Victims Protection Act of 2000 to direct the Secretary of Health and Human Services (HHS) to make a determination, based on credible evidence, that a covered individual (i.e., a U.S. citizen or a permanent resident) has been a victim of a severe form of trafficking.
Amends the Trafficking Victims Protection Reauthorization Act of 2005 to authorize the Attorney General to award block grants to develop, improve, or expand comprehensive domestic child trafficking deterrence programs to rescue and restore the lives of trafficking victims, while investigating and prosecuting offenses involving child trafficking.
Amends the Victims of Child Abuse Act of 1990 to include human trafficking and the production of child pornography within the definition of child abuse for purposes of such Act.
Amends the federal criminal code to: (1) increase restitution for victims of human trafficking; (2) set forth provisions for combating aggravated human trafficking racketeering; (3) allow state and local prosecutors to obtain wiretap warrants in state courts for investigations into human trafficking, child sexual exploitation, and child pornography production; (4) increase penalties for offenses involving enticement into slavery, sex trafficking of children, child exploitation, and repeat sex offenders; and (5) revise the definition of the crime of travel with intent to engage in illicit sexual conduct to facilitate prosecutions of such crime.
Directs the Attorney General to 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 law enforcement personnel in the detection, investigation, and prosecution of persons who patronize or solicit children for sex.
Requires the Attorney General to audit grants awarded under the Trafficking Victims Protection Reauthorization Act of 2005. Imposes limits on the use of Department of Justice (DOJ) funds for DOJ conferences involving more than $20,000.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1738 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1738
To provide justice for the victims of trafficking.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 19, 2013
Mr. Cornyn (for himself, Mr. Wyden, Mr. Kirk, Ms. Klobuchar, and Mr.
Rubio) introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
_______________________________________________________________________
A BILL
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.
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
``(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;
``(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; and
``(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
``(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
(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 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.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S8193-8197)
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