II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Justice for Victims 

5 of Trafficking Act of 2013’’. 

6 SEC. 2. DOMESTIC TRAFFICKING VICTIMS’ FUND. 

7 (a) IN GENERAL.—Chapter 201 of title 18, United 

8 States Code, is amended by adding at the end the fol9 lowing: 


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1 ‘‘§ 3014. Additional special assessment 

2 ‘‘(a) In addition to the assessment imposed under 

3 section 3013, the court shall assess an amount of $5,000 

4 on any person or entity convicted of an offense under— 

5 ‘‘(1) chapter 77 (relating to peonage, slavery, 

6 and trafficking in persons); 

7 ‘‘(2) chapter 109A (relating to sexual abuse); 

8 ‘‘(3) chapter 110 (relating to sexual exploitation 

9 and other abuse of children); 

10 ‘‘(4) chapter 117 (relating to transportation for 

11 illegal sexual activity and related crimes); or 

12 ‘‘(5) section 274 of the Immigration and Na13 tionality Act (8 U.S.C. 1324) (relating to human 

14 smuggling), unless the person induced, assisted, 

15 abetted, or aided only an individual who at the time 

16 of such action was the alien’s spouse, parent, son, or 

17 daughter (and no other individual) to enter the 

18 United States in violation of law. 

19 ‘‘(b) An assessment under subsection (a) shall not be 

20 payable until the person subject to the assessment has sat21 isfied all outstanding court-ordered fines and orders of 

22 restitution arising from the criminal convictions on which 

23 the special assessment is based. 

24 ‘‘(c) There is established in the Treasury of the 

25 United States a fund, to be known as the ‘Domestic Traf26 ficking Victims’ Fund’ (referred to in this section as the 


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1 ‘Fund’), to be administered by the Attorney General, in 

2 consultation with the Secretary of Homeland Security and 

3 the Secretary of Health and Human Services. 

4 ‘‘(d) Notwithstanding section 3302 of title 31, United 

5 States Code, or any other law regarding the crediting of 

6 money received for the Government, there shall be depos7 ited in the Fund an amount equal to the amount of the 

8 assessments collected under this section, which shall re9 main available until expended. 

10 ‘‘(e)(1) From amounts in the Fund, and without fur11 ther appropriation, the Attorney General, in coordination 

12 with the Secretary of Health and Human Services shall, 

13 for each of fiscal years 2015 through 2019, use amounts 

14 available in the Fund to award grants or enhance victims’ 

15 programming under— 

16 ‘‘(A) sections 202, 203, and 204 of the Traf17 ficking Victims Protection Reauthorization Act of 

18 2005 (42 U.S.C. 14044a, 14044b, and 14044c); 

19 ‘‘(B) subsections (b)(2) and (f) of section 107 

20 of the Trafficking Victims Protection Act of 2000 

21 (22 U.S.C. 7105); and 

22 ‘‘(C) section 214(b) of the Victims of Child 

23 Abuse Act of 1990 (42 U.S.C. 13002(b)). 

24 ‘‘(2) Of the amounts in the Fund used under para25 graph (1), not less than $2,000,000 shall be used for 


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1 grants to provide services for child pornography victims 

2 under section 214(b) of the Victims of Child Abuse Act 

3 of 1990 (42 U.S.C. 13002(b)). 

4 ‘‘(f)(1) Effective on the day after the date of enact5 ment of the Justice for Victims of Trafficking Act of 2013, 

6 on September 30 of each fiscal year, all unobligated bal7 ances in the Fund shall be transferred to the Crime Vic8 tims Fund established under section 1402 of the Victims 

9 of Crime Act of 1984 (42 U.S.C. 10601). 

10 ‘‘(2) Amounts transferred under paragraph (1)— 

11 ‘‘(A) shall be available for any authorized pur12 pose of the Crime Victims Fund; and 

13 ‘‘(B) shall remain available until expended. 

14 ‘‘(g) The amount assessed under subsection (a) shall, 

15 subject to subsection (b), be collected in the manner that 

16 fines are collected in criminal cases. 

17 ‘‘(h) The obligation to pay an assessment imposed on 

18 or after the date of enactment of the Justice for Victims 

19 of Trafficking Act of 2013 shall not cease until the assess20 ment is paid in full.’’. 

21 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

22 The table of sections for chapter 201 of title 18, United 

23 States Code, is amended by inserting after the item relat24 ing to section 3013 the following: 

‘‘3014. Additional special assessment.’’. 


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1 SEC. 3. OFFICIAL RECOGNITION OF AMERICAN VICTIMS OF 

2 HUMAN TRAFFICKING. 

3 Section 107(f) of the Trafficking Victims Protection 

4 Act of 2000 (22 U.S.C. 7105) is amended by adding at 

5 the end the following: 

6 ‘‘(4) OFFICIAL RECOGNITION OF AMERICAN VIC7 TIMS OF HUMAN TRAFFICKING.— 

8 ‘‘(A) IN GENERAL.—Upon receiving cred9 ible information that establishes by a prepon10 derance of the evidence that a covered indi11 vidual is a victim of a severe form of trafficking 

12 and at the request of the covered individual, the 

13 Secretary of Health and Human Services shall 

14 promptly issue a determination that the covered 

15 individual is a victim of a severe form of traf16 ficking. The Secretary shall have exclusive au17 thority to make such a determination. 

18 ‘‘(B) COVERED INDIVIDUAL DEFINED.—In 

19 this subsection, the term ‘covered individual’ 

20 means— 

21 ‘‘(i) a citizen of the United States; or 

22 ‘‘(ii) an alien lawfully admitted for 

23 permanent residence (as that term is de24 fined in section 101(20) of the Immigra25 tion and Nationality Act (8 U.S.C. 

26 1101(20))). 


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1 ‘‘(C) PROCEDURE.—For purposes of this 

2 paragraph, in determining whether a covered 

3 individual has provided credible information 

4 that the covered individual is a victim of a se5 vere form of trafficking, the Secretary of 

6 Health and Human Services shall consider all 

7 relevant and credible evidence, and if appro8 priate, consult with the Attorney General, the 

9 Secretary of Homeland Security, or the Sec10 retary of Labor. 

11 ‘‘(D) PRESUMPTIVE EVIDENCE.—For pur12 poses of this paragraph, the following forms of 

13 evidence shall receive deference in determining 

14 whether a covered individual has established 

15 that the covered individual is a victim of a se16 vere form of trafficking: 

17 ‘‘(i) A sworn statement by the covered 

18 individual or a representative of the cov19 ered individual if the covered individual is 

20 present at the time of such statement but 

21 not able to competently make such sworn 

22 statement. 

23 ‘‘(ii) Police, government agency, or 

24 court records or files. 


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1 ‘‘(iii) Documentation from a social 

2 services, trafficking, or domestic violence 

3 program, child welfare or runaway and 

4 homeless youth program, or a legal, clin5 ical, medical, or other professional from 

6 whom the covered individual has sought as7 sistance in dealing with the crime. 

8 ‘‘(iv) A statement from any other in9 dividual with knowledge of the cir10 cumstances that provided the basis for the 

11 claim. 

12 ‘‘(v) Physical evidence. 

13 ‘‘(E) REGULATIONS REQUIRED.—Not later 

14 than 180 days after the date of enactment of 

15 the Justice for Victims of Trafficking Act of 

16 2013, the Secretary of Health and Human 

17 Services shall adopt regulations to implement 

18 this paragraph. 

19 ‘‘(F) RULE OF CONSTRUCTION; OFFICIAL

20 RECOGNITION OPTIONAL.—Nothing in this 

21 paragraph shall be construed to require a cov22 ered individual to obtain a determination under 

23 this paragraph in order to be defined or classi24 fied as a victim of a severe form of trafficking 

25 under this section.’’. 


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1 SEC. 4. VICTIM-CENTERED HUMAN TRAFFICKING DETER2 RENCE BLOCK GRANT PROGRAM. 

3 (a) IN GENERAL.—Section 203 of the Trafficking 

4 Victims Protection Reauthorization Act of 2005 (42 

5 U.S.C. 14044b) is amended to read as follows: 

6 ‘‘SEC. 203. VICTIM-CENTERED CHILD HUMAN TRAFFICKING 

7 DETERRENCE BLOCK GRANT PROGRAM. 

8 ‘‘(a) GRANTS AUTHORIZED.—The Attorney General 

9 may make block grants to an eligible entity to develop, 

10 improve, or expand comprehensive domestic child human 

11 trafficking deterrence programs that assist law enforce12 ment officers, prosecutors, judicial officials, and qualified 

13 victims’ services organizations in collaborating to rescue 

14 and restore the lives of victims, while investigating and 

15 prosecuting offenses involving child human trafficking. 

16 ‘‘(b) AUTHORIZED ACTIVITIES.—Grants awarded 

17 under subsection (a) may be used for— 

18 ‘‘(1) the establishment or enhancement of spe19 cialized training programs for law enforcement offi20 cers, first responders, health care officials, child wel21 fare officials, juvenile justice personnel, prosecutors, 

22 and judicial personnel to— 

23 ‘‘(A) identify victims and acts of child 

24 human trafficking; 

25 ‘‘(B) address the unique needs of child vic26 tims of human trafficking; 


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1 ‘‘(C) facilitate the rescue of child victims of 

2 human trafficking; 

3 ‘‘(D) investigate and prosecute acts of 

4 human trafficking, including the soliciting, pa5 tronizing, or purchasing of commercial sex acts 

6 from children, as well as training to build cases 

7 against complex criminal networks involved in 

8 child human trafficking; 

9 ‘‘(E) use laws that prohibit acts of child 

10 human trafficking, child sexual abuse, and child 

11 rape, and to assist in the development of State 

12 and local laws to prohibit, investigate, and pros13 ecute acts of child human trafficking; and 

14 ‘‘(F) implement and provide education on 

15 safe harbor laws enacted by States, aimed at 

16 preventing the criminalization and prosecution 

17 of child sex trafficking victims for prostitution 

18 offenses; 

19 ‘‘(2) the establishment or enhancement of dedi20 cated anti-trafficking law enforcement units and 

21 task forces to investigate child human trafficking of22 fenses and to rescue victims, including— 

23 ‘‘(A) funding salaries, in whole or in part, 

24 for law enforcement officers, including patrol 

25 officers, detectives, and investigators, except 


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1 that the percentage of the salary of the law en2 forcement officer paid for by funds from a 

3 grant awarded under this section shall not be 

4 more than the percentage of the officer’s time 

5 on duty that is dedicated to working on cases 

6 involving child human trafficking; 

7 ‘‘(B) investigation expenses for cases in8 volving child human trafficking, including— 

9 ‘‘(i) wire taps; 

10 ‘‘(ii) consultants with expertise spe11 cific to cases involving child human traf12 ficking; 

13 ‘‘(iii) travel; and 

14 ‘‘(iv) other technical assistance ex15 penditures; 

16 ‘‘(C) dedicated anti-trafficking prosecution 

17 units, including the funding of salaries for 

18 State and local prosecutors, including assisting 

19 in paying trial expenses for prosecution of child 

20 human trafficking offenders, except that the 

21 percentage of the total salary of a State or local 

22 prosecutor that is paid using an award under 

23 this section shall be not more than the percent24 age of the total number of hours worked by the 


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1 prosecutor that is spent working on cases in2 volving child human trafficking; and 

3 ‘‘(D) the establishment of child human 

4 trafficking victim witness safety, assistance, 

5 and relocation programs that encourage co6 operation with law enforcement investigations 

7 of crimes of child human trafficking by 

8 leveraging existing resources and delivering 

9 child human trafficking victims’ services 

10 through coordination with— 

11 ‘‘(i) child advocacy centers; 

12 ‘‘(ii) social service agencies; 

13 ‘‘(iii) State governmental health serv14 ice agencies; 

15 ‘‘(iv) housing agencies; 

16 ‘‘(v) legal services agencies; and 

17 ‘‘(vi) non-governmental organizations 

18 and shelter service providers with substan19 tial experience in delivering comprehensive 

20 services to victims of child human traf21 ficking; and 

22 ‘‘(3) the establishment or enhancement of prob23 lem solving court programs for trafficking victims 

24 that include— 


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1 ‘‘(A) mandatory and regular training re2 quirements for judicial officials involved in the 

3 administration or operation of the court pro4 gram described under this paragraph; 

5 ‘‘(B) continuing judicial supervision of vic6 tims of child human trafficking who have been 

7 identified by a law enforcement or judicial offi8 cer as a potential victim of child human traf9 ficking, regardless of whether the victim has 

10 been charged with a crime related to human 

11 trafficking; 

12 ‘‘(C) the development of a specialized and 

13 individualized, court-ordered treatment program 

14 for identified victims of child human trafficking, 

15 including— 

16 ‘‘(i) State-administered outpatient 

17 treatment; 

18 ‘‘(ii) life skills training; 

19 ‘‘(iii) housing placement; 

20 ‘‘(iv) vocational training; 

21 ‘‘(v) education; 

22 ‘‘(vi) family support services; and 

23 ‘‘(vii) job placement; 

24 ‘‘(D) centralized case management involv25 ing the consolidation of all of each child human 


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1 trafficking victim’s cases and offenses, and the 

2 coordination of all trafficking victim treatment 

3 programs and social services; 

4 ‘‘(E) regular and mandatory court appear5 ances by the victim during the duration of the 

6 treatment program for purposes of ensuring 

7 compliance and effectiveness; 

8 ‘‘(F) the ultimate dismissal of relevant 

9 non-violent criminal charges against the victim, 

10 where such victim successfully complies with the 

11 terms of the court-ordered treatment program; 

12 and 

13 ‘‘(G) collaborative efforts with child advo14 cacy centers, child welfare agencies, shelters, 

15 and non-governmental organizations to provide 

16 comprehensive services to victims and encour17 age cooperation with law enforcement. 

18 ‘‘(c) APPLICATION.— 

19 ‘‘(1) IN GENERAL.—An eligible entity shall sub20 mit an application to the Attorney General for a 

21 grant under this section in such form and manner 

22 as the Attorney General may require. 

23 ‘‘(2) REQUIRED INFORMATION.—An application 

24 submitted under this subsection shall— 


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1 ‘‘(A) describe the activities for which as2 sistance under this section is sought; 

3 ‘‘(B) include a detailed plan for the use of 

4 funds awarded under the grant; and 

5 ‘‘(C) provide such additional information 

6 and assurances as the Attorney General deter7 mines to be necessary to ensure compliance 

8 with the requirements of this section. 

9 ‘‘(3) PREFERENCE.—In reviewing applications 

10 submitted in accordance with paragraphs (1) and 

11 (2), the Attorney General shall give preference to 

12 grant applications if— 

13 ‘‘(A) the application includes a plan to use 

14 awarded funds to engage in all activities de15 scribed under paragraphs (1) through (3) of 

16 subsection (b); or 

17 ‘‘(B) the application includes a plan by the 

18 State or unit of local government to continue 

19 funding of all activities funded by the award 

20 after the expiration of the award. 

21 ‘‘(d) DURATION AND RENEWAL OF AWARD.— 

22 ‘‘(1) IN GENERAL.—A grant under this section 

23 shall expire 1 year after the date of award of the 

24 grant. 


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1 ‘‘(2) RENEWAL.—A grant under this section 

2 shall be renewable not more than 3 times and for a 

3 period of not greater than 1 year. 

4 ‘‘(e) EVALUATION.—The Attorney General shall 

5 enter into a contract with an academic or non-profit orga6 nization that has experience in issues related to child 

7 human trafficking and evaluation of grant programs to 

8 conduct an annual evaluation of grants made under this 

9 section to determine the impact and effectiveness of pro10 grams funded with grants awarded under this section. 

11 ‘‘(f) MANDATORY EXCLUSION.—An eligible entity 

12 awarded funds under this section that is found to have 

13 used grant funds for any unauthorized expenditure or oth14 erwise unallowable cost shall not be eligible for any grant 

15 funds awarded under the block grant for 2 fiscal years 

16 following the year in which the unauthorized expenditure 

17 or unallowable cost is reported. 

18 ‘‘(g) COMPLIANCE REQUIREMENT.—An eligible enti19 ty shall not be eligible to receive a grant under this section 

20 if within the 5 fiscal years before submitting an applica21 tion for a grant under this section, the grantee has been 

22 found to have violated the terms or conditions of a Govern23 ment grant program by utilizing grant funds for unauthor24 ized expenditures or otherwise unallowable costs. 


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1 ‘‘(h) ADMINISTRATIVE CAP.—The cost of admin2 istering the grants authorized by this section shall not ex3 ceed 3 percent of the total amount appropriated to carry 

4 out this section. 

5 ‘‘(i) FEDERAL SHARE.—The Federal share of the 

6 cost of a program funded by a grant awarded under this 

7 section shall be— 

8 ‘‘(1) 70 percent in the first year; 

9 ‘‘(2) 60 percent in the second year; and 

10 ‘‘(3) 50 percent in the third year. 

11 ‘‘(j) AUTHORIZATION OF FUNDING; FULLY OFF12 SET.—For purposes of carrying out this section, the At13 torney General, in consultation with the Secretary of 

14 Health and Human Services, is authorized to award not 

15 more than $7,000,000 of the funds available in the Do16 mestic Trafficking Victims’ Fund, established under sec17 tion 3014 of title 18, United States Code, for each of fiscal 

18 years 2015 through 2019. 

19 ‘‘(k) DEFINITIONS.—In this section— 

20 ‘‘(1) the term ‘child’ means a person under the 

21 age of 18; 

22 ‘‘(2) the term ‘child advocacy center’ means a 

23 center created under subtitle A of the Victims of 

24 Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.); 


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1 ‘‘(3) the term ‘child human trafficking’ means 

2 1 or more severe forms of trafficking in persons (as 

3 defined in section 103 of the Trafficking Victims 

4 Protection Act of 2000 (22 U.S.C. 7102)) involving 

5 a victim who is a child; and 

6 ‘‘(4) the term ‘eligible entity’ means a State or 

7 unit of local government that— 

8 ‘‘(A) has significant criminal activity in9 volving child human trafficking; 

10 ‘‘(B) has demonstrated cooperation be11 tween Federal, State, local, and, where applica12 ble, tribal law enforcement agencies, prosecu13 tors, and social service providers in addressing 

14 child human trafficking; 

15 ‘‘(C) has developed a workable, multi-dis16 ciplinary plan to combat child human traf17 ficking, including— 

18 ‘‘(i) the establishment of a shelter for 

19 victims of child human trafficking, through 

20 existing or new facilities; 

21 ‘‘(ii) the provision of trauma-in22 formed, gender-responsive rehabilitative 

23 care to victims of child human trafficking; 

24 ‘‘(iii) the provision of specialized 

25 training for law enforcement officers and 


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1 social service providers for all forms of 

2 human trafficking, with a focus on domes3 tic child human trafficking; 

4 ‘‘(iv) prevention, deterrence, and pros5 ecution of offenses involving child human 

6 trafficking, including soliciting, patron7 izing, or purchasing human acts with chil8 dren; 

9 ‘‘(v) cooperation or referral agree10 ments with organizations providing out11 reach or other related services to runaway 

12 and homeless youth; 

13 ‘‘(vi) law enforcement protocols or 

14 procedures to screen all individuals ar15 rested for prostitution, whether adult or 

16 child, for victimization by sex trafficking 

17 and by other crimes, such as sexual assault 

18 and domestic violence; and 

19 ‘‘(vii) cooperation or referral agree20 ments with State child welfare agencies 

21 and child advocacy centers; 

22 ‘‘(D) has a victim certification process for 

23 eligibility and access to State-administered 

24 medical care to ensure that minor victims of 

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1 terim assistance under section 107(b)(1)(F) of 

2 the Trafficking Victims Protection Act of 2000 

3 (22 U.S.C. 7105(b)(1)(F)) are granted eligi4 bility for, and have access to, State-adminis5 tered medical care immediately upon certifi6 cation as such a victim, or as soon as prac7 ticable thereafter but not later than the period 

8 determined by the Assistant Attorney General 

9 in consultation with the Assistant Secretary for 

10 Children and Families of the Department; and 

11 ‘‘(E) provides an assurance that, under the 

12 plan under subparagraph (C), a victim of child 

13 human trafficking shall not be required to col14 laborate with law enforcement officers to have 

15 access to any shelter or services provided with 

16 a grant under this section. 

17 ‘‘(l) GRANT ACCOUNTABILITY; SPECIALIZED VIC18 TIMS’ SERVICE REQUIREMENT.—No grant funds under 

19 this section may be awarded or transferred to any entity 

20 unless such entity has demonstrated substantial experi21 ence providing services to victims of human trafficking or 

22 related populations (such as runaway and homeless 

23 youth), or employs staff specialized in the treatment of 

24 human trafficking victims.’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents in 

2 section 1(b) of the Trafficking Victims Protection Reau3 thorization Act of 2005 (22 U.S.C. 7101 note) is amended 

4 by striking the item relating to section 203 and inserting 

5 the following: 

‘‘Sec. 203. Victim-centered child human trafficking deterrence block grant program.’’. 

6 SEC. 5. DIRECT SERVICES FOR VICTIMS OF CHILD PORNOG7 RAPHY. 

8 The Victims of Child Abuse Act of 1990 (42 U.S.C. 

9 13001 et seq.) is amended— 

10 (1) in section 212(5) (42 U.S.C. 13001a(5)), by 

11 inserting ‘‘, including human trafficking and the 

12 production of child pornography’’ before the semi13 colon at the end; and 

14 (2) in section 214 (42 U.S.C. 13002)— 

15 (A) by redesignating subsections (b), (c), 

16 and (d) as subsections (c), (d), and (e), respec17 tively; and 

18 (B) by inserting after subsection (a) the 

19 following: 

20 ‘‘(b) DIRECT SERVICES FOR VICTIMS OF CHILD POR21 NOGRAPHY.—The Administrator, in coordination with the 

22 Director and with the Director of the Office of Victims 

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1 cialized programs to identify and provide direct services 

2 to victims of child pornography.’’. 

3 SEC. 6. INCREASING RESTITUTION FOR TRAFFICKING VIC4 TIMS. 

5 (a) TITLE 18 AMENDMENTS.—Section 1594 of title 

6 18, United States Code, is amended— 

7 (1) in subsection (d)— 

8 (A) in paragraph (1)— 

9 (i) by striking ‘‘that was used or’’ and 

10 inserting ‘‘that was involved in, used, or’’; 

11 (ii) by inserting ‘‘or any property 

12 traceable to such property’’ after ‘‘such 

13 violation’’; and 

14 (iii) in paragraph (2), by inserting ‘‘, 

15 or any property traceable to such prop16 erty’’ after ‘‘such violation’’; and 

17 (B) in subsection (e)(1)(A)— 

18 (i) by striking ‘‘Any property, real or 

19 personal, used or’’ and inserting ‘‘Any 

20 property, real or personal, involved in, 

21 used, or’’; and 

22 (ii) by inserting ‘‘, or any property 

23 traceable to such property’’ after ‘‘any vio24 lation of this chapter’’; 


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1 (2) by redesignating subsection (f) as sub2 section (g); and 

3 (3) by inserting after subsection (e) the fol4 lowing: 

5 ‘‘(f) Notwithstanding any other provision of law, the 

6 Attorney General shall transfer assets forfeited pursuant 

7 to this section, or the proceeds derived from the sale there8 of, to satisfy victim restitution orders arising from viola9 tions of this chapter. Such transfers shall have priority 

10 over any other claims to the assets or their proceeds.’’. 

11 (b) TITLE 28 AMENDMENT.—Section 524(c)(1)(B) 

12 of title 28, United States Code, is amended by inserting 

13 ‘‘chapter 77 of title 18,’’ after ‘‘criminal drug laws of the 

14 United States or of’’. 

15 (c) TITLE 31 AMENDMENT.—Section 9703(a)(2)(B) 

16 of title 31, United States Code (relating to the Depart17 ment of the Treasury Forfeiture Fund), is amended— 

18 (1) in clause (iii)(III), by striking ‘‘and’’ at the 

19 end; 

20 (2) in clause (iv), by striking the period at the 

21 end and inserting ‘‘; and’’; and 

22 (3) by inserting after clause (iv) the following: 

23 ‘‘(v) the United States Immigration 

24 and Customs Enforcement with respect to 


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1 a violation of chapter 77 of title 18 (relat2 ing to human trafficking).’’. 

3 SEC. 7. STREAMLINING STATE AND LOCAL HUMAN TRAF4 FICKING INVESTIGATIONS. 

5 Section 2516(2) of title 18, United States Code, is 

6 amended by inserting ‘‘human trafficking, child sexual ex7 ploitation, child pornography production,’’ after ‘‘kidnap8 ping,’’. 

9 SEC. 8. FIGHTING COMPLEX CRIMINAL ENTERPRISES EN10 GAGED IN HUMAN TRAFFICKING. 

11 (a) IN GENERAL.—Chapter 96 of title 18, United 

12 States Code, is amended by adding at the end the fol13 lowing: 

14 ‘‘SEC. 1969. AGGRAVATED HUMAN TRAFFICKING RACKET15 EERING. 

16 ‘‘(a) DEFINITIONS.—In this section— 

17 ‘‘(1) the term ‘aggravated human-trafficking 

18 racketeering activity’ means any activity that— 

19 ‘‘(A) is a racketeering activity (as defined 

20 in section 1961(1)); and 

21 ‘‘(B) includes— 

22 ‘‘(i) any act or threat involving mur23 der, kidnapping, human trafficking, sexual 

24 exploitation, coerced prostitution, or the 

25 production of child pornography, which is 


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1 chargeable under State law and punishable 

2 by imprisonment for more than 1 year (as 

3 amended or revised as of the date on which 

4 the activity occurred or, in the instance of 

5 a continuing offense, the date on which the 

6 charges under this section are filed in a 

7 particular matter); or 

8 ‘‘(ii) any act that is indictable under 

9 (as amended or revised as of the date on 

10 which the activity occurred or, in the in11 stance of a continuing offense, the date on 

12 which charges under this section are filed 

13 in a particular matter)— 

14 ‘‘(I) sections 1581 through 1592 

15 (relating to peonage, slavery, and traf16 ficking in persons); 

17 ‘‘(II) section 1958 (relating to 

18 use of interstate commerce facilities in 

19 the commission of murder-for-hire); 

20 ‘‘(III) section 1959 (relating to 

21 violent crimes in aid of racketeering); 

22 ‘‘(IV) section 2251, 2251A, 

23 2252, or 2260 (relating to sexual ex24 ploitation of children); or 


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1 ‘‘(V) sections 2421 through 2424 

2 (relating to slave traffic); and 

3 ‘‘(2) the term ‘enterprise’ has the meaning 

4 given the term in section 1961. 

5 ‘‘(b) PROHIBITED ACTIVITIES.—It shall be unlawful 

6 for any person to participate, directly or indirectly, in or 

7 relating to the affairs of any enterprise engaged in, or the 

8 activities of which affect, interstate or foreign commerce, 

9 if— 

10 ‘‘(1)(A) such participation within the enterprise 

11 includes committing or causing to be committed 2 or 

12 more acts of aggravated human-trafficking racket13 eering activity in or relating to the affairs of the en14 terprise; or 

15 ‘‘(B) such participation within the enterprise 

16 includes any act of participation with the intention 

17 that some known or unknown participant or partici18 pants within the enterprise would commit, or would 

19 cause to be committed, individually or collectively, 2 

20 or more acts of aggravated human-trafficking rack21 eteering activity in or relating to the affairs of the 

22 enterprise. 

23 ‘‘(c) CONSPIRACY.—It shall be unlawful for any per24 son to conspire to violate subsection (b). 

25 ‘‘(d) CRIMINAL PENALTIES.— 


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1 ‘‘(1) IN GENERAL.—Whoever violates this sec2 tion shall be punished in accordance with section 

3 1963. 

4 ‘‘(2) CLARIFICATION OF PUNISHABLE OF5 FENSES.—Any person prosecuted under this section 

6 may be both convicted and sentenced in any court of 

7 competent jurisdiction for any combination of the 

8 following: 

9 ‘‘(A) The offense of conspiring to violate 

10 this section, and for any other particular of11 fense or offenses that may be an object of the 

12 conspiracy. 

13 ‘‘(B) Any violation of this section. 

14 ‘‘(C) Any aggravated human-trafficking 

15 racketeering activity.’’. 

16 (b) PENALTIES.—Section 1963 of title 18, United 

17 States Code, is amended by inserting ‘‘or section 1969’’ 

18 after ‘‘section 1962’’ each place it appears. 

19 (c) VIOLENT CRIMES IN AID OF RACKETEERING.— 

20 Section 1959 of title 18, United States Code, is amend21 ed— 

22 (1) in subsection (a)— 

23 (A) by inserting ‘‘or aggravated human24 trafficking racketeering activity’’ before ‘‘, or 

25 for the purpose’’; and 


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1 (B) by striking ‘‘murders, kidnaps, 

2 maims’’ and inserting ‘‘aggravated human traf3 ficking racketeering activity, murders, kidnaps, 

4 human trafficking, sexual exploitation, coerced 

5 prostitution, maims’’; and 

6 (2) in subsection (b)— 

7 (A) by redesignating paragraphs (1) and 

8 (2) as paragraphs (2) and (3), respectively; and 

9 (B) by inserting before paragraph (2), as 

10 redesignated, the following: 

11 ‘‘(1) ‘aggravated human-trafficking racket12 eering activity’ has the meaning given the term in 

13 section 1969;’’. 

14 (d) TABLE OF SECTIONS.—The table of sections for 

15 chapter 96 of title 18, United States Code, is amended 

16 by inserting after the item relating to section 1968 the 

17 following: 

‘‘1969. Aggravated human trafficking racketeering.’’. 

18 SEC. 9. ENHANCING HUMAN TRAFFICKING REPORTING. 

19 (a) IN GENERAL.—Section 505 of title I of the Omni20 bus Crime Control and Safe Streets Act of 1968 (42 

21 U.S.C. 3755) is amended by adding at the end the fol22 lowing: 

23 ‘‘(i) PART 1 VIOLENT CRIMES TO INCLUDE HUMAN

24 TRAFFICKING.—For purposes of this section, the term 

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1 ficking in persons, as defined in section 103 of the Traf2 ficking Victims Protection Act of 2000 (22 U.S.C. 

3 7102).’’. 

4 (b) CRIME CONTROL ACT AMENDMENTS.—Section 

5 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) 

6 is amended— 

7 (1) in paragraph (2), by striking ‘‘and’’ at the 

8 end; and 

9 (2) in paragraph (4)— 

10 (A) in the matter preceding subparagraph 

11 (A), by striking ‘‘paragraph (2)’’ and inserting 

12 ‘‘paragraph (3)’’; 

13 (B) in subparagraph (A), by inserting 

14 ‘‘and a photograph taken within the previous 

15 180 days’’ after ‘‘dental records’’; 

16 (C) in subparagraph (B), by striking 

17 ‘‘and’’ at the end; 

18 (D) by redesignating subparagraph (C) as 

19 subparagraph (D); and 

20 (E) by inserting after subparagraph (B) 

21 the following: 

22 ‘‘(C) notify the National Center for Miss23 ing and Exploited Children of each report re24 ceived relating to a child reported missing from 


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1 a foster care family home or childcare institu2 tion; and’’. 

3 SEC. 10. REDUCING DEMAND FOR SEX TRAFFICKING. 

4 (a) IN GENERAL.—Section 1591 of title 18, United 

5 States Code, is amended— 

6 (1) in subsection (a)(1), by striking ‘‘or main7 tains’’ and inserting ‘‘maintains, patronizes, or solic8 its’’; 

9 (2) in subsection (b)— 

10 (A) in paragraph (1), by striking ‘‘or ob11 tained’’ and inserting ‘‘obtained, patronized, or 

12 solicited’’; and 

13 (B) in paragraph (2), by striking ‘‘or ob14 tained’’ and inserting ‘‘obtained, patronized, or 

15 solicited’’; and 

16 (3) in subsection (c)— 

17 (A) by striking ‘‘or maintained’’ and in18 serting ‘‘, maintained, patronized, or solicited’’; 

19 and 

20 (B) by striking ‘‘knew that the person’’ 

21 and inserting ‘‘knew, or recklessly disregarded 

22 the fact, that the person’’. 

23 (b) DEFINITION AMENDED.—Section 103(10) of the 

24 Trafficking Victims Protection Act of 2000 (22 U.S.C. 


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1 7102(10)) is amended by striking ‘‘or obtaining’’ and in2 serting ‘‘obtaining, patronizing, or soliciting’’. 

3 SEC. 11. USING EXISTING TASK FORCES TO TARGET OF4 FENDERS WHO EXPLOIT CHILDREN. 

5 Not later than 180 days after the date of enactment 

6 of this Act, the Attorney General shall ensure that all task 

7 forces and working groups within the Innocence Lost Na8 tional Initiative engage in activities, programs, or oper9 ations to increase the investigative capabilities of State 

10 and local law enforcement officers in the detection, inves11 tigation, and prosecution of persons who patronize, or so12 licit children for sex. 

13 SEC. 12. ENHANCED PENALTIES FOR HUMAN TRAFFICKING, 

14 CHILD EXPLOITATION, AND REPEAT OFFEND15 ERS. 

16 Part 1 of title 18, United States Code, is amended— 

17 (1) in chapter 77— 

18 (A) in section 1583(a), in the flush text 

19 following paragraph (3), by striking ‘‘not more 

20 than 20 years’’ and inserting ‘‘not more than 

21 30 years’’; 

22 (B) in section 1587, by striking ‘‘four 

23 years’’ and inserting ‘‘10 years’’; and 

24 (C) in section 1591(d), by striking ‘‘20 

25 years’’ and inserting ‘‘25 years’’; and 


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1 (2) in section 2426(a), by striking ‘‘twice’’ and 

2 inserting ‘‘3 times’’. 

3 SEC. 13. HOLDING SEX TRAFFICKERS ACCOUNTABLE. 

4 Section 2423(g) of title 18, United States Code, is 

5 amended by striking ‘‘a preponderance of the evidence’’ 

6 and inserting ‘‘clear and convincing evidence’’. 

7 SEC. 14. COMBATING SEX TOURISM. 

8 Section 2423 of title 18, United States Code is 

9 amended— 

10 (1) in subsection (b), by striking ‘‘for the pur11 pose’’ and inserting ‘‘with a motivating purpose of’’; 

12 and 

13 (2) in subsection (d), by striking ‘‘for the pur14 pose of engaging’’ and inserting ‘‘with a motivating 

15 purpose of engaging’’. 

16 SEC. 15. GRANT ACCOUNTABILITY. 

17 (a) DEFINITION.—In this section, the term ‘‘covered 

18 grant’’ means a grant awarded by the Attorney General 

19 under section 203 of the Trafficking Victims Protection 

20 Reauthorization Act (42 U.S.C. 14044b). 

21 (b) ACCOUNTABILITY.—All covered grants shall be 

22 subject to the following accountability provisions: 

23 (1) AUDIT REQUIREMENT.— 

24 (A) DEFINITION.—In this paragraph, the 

25 term ‘‘unresolved audit finding’’ means an audit 


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1 report finding in the final audit report of the 

2 Inspector General of the Department of Justice 

3 that the grantee has used grant funds for an 

4 unauthorized expenditure or otherwise unallow5 able cost that is not closed or resolved during 

6 the 12-month period beginning on the date on 

7 which the final audit report is issued. 

8 (B) REQUIREMENT.—Beginning in the 

9 first fiscal year beginning after the date of en10 actment of this Act, and in each fiscal year 

11 thereafter, the Inspector General of the Depart12 ment of Justice shall conduct audits of recipi13 ents of covered grants to prevent waste, fraud, 

14 and abuse of funds by grantees. The Inspector 

15 General shall determine the appropriate number 

16 of grantees to be audited each year. 

17 (C) MANDATORY EXCLUSION.—A recipient 

18 of a covered grant that is found to have an un19 resolved audit finding shall not be eligible to re20 ceive a covered grant during the first 2 fiscal 

21 years beginning after the end of the 12-month 

22 period described in subparagraph (A). 

23 (D) PRIORITY.—In awarding covered 

24 grants, the Attorney General shall give priority 

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1 solved audit finding during the 3 fiscal years 

2 before submitting an application for a covered 

3 grant. 

4 (E) REIMBURSEMENT.—If an entity is 

5 awarded a covered grant during the 2-fiscal6 year period during which the entity is barred 

7 from receiving grants under subparagraph (C), 

8 the Attorney General shall— 

9 (i) deposit an amount equal to the 

10 amount of the grant funds that were im11 properly awarded to the grantee into the 

12 General Fund of the Treasury; and 

13 (ii) seek to recoup the costs of the re14 payment to the fund from the grant recipi15 ent that was erroneously awarded grant 

16 funds. 

17 (2) NONPROFIT ORGANIZATION REQUIRE18 MENTS.— 

19 (A) DEFINITION.—For purposes of this 

20 paragraph and covered grants, the term ‘‘non21 profit organization’’ means an organization that 

22 is described in section 501(c)(3) of the Internal 

23 Revenue Code of 1986 and is exempt from tax24 ation under section 501(a) of such Code. 


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1 (B) PROHIBITION.—The Attorney General 

2 may not award a covered grant to a nonprofit 

3 organization that holds money in offshore ac4 counts for the purpose of avoiding paying the 

5 tax described in section 511(a) of the Internal 

6 Revenue Code of 1986. 

7 (C) DISCLOSURE.—Each nonprofit organi8 zation that is awarded a covered grant and uses 

9 the procedures prescribed in regulations to cre10 ate a rebuttable presumption of reasonableness 

11 for the compensation of its officers, directors, 

12 trustees, and key employees, shall disclose to 

13 the Attorney General, in the application for the 

14 grant, the process for determining such com15 pensation, including the independent persons 

16 involved in reviewing and approving such com17 pensation, the comparability data used, and 

18 contemporaneous substantiation of the delibera19 tion and decision. Upon request, the Attorney 

20 General shall make the information disclosed 

21 under this subparagraph available for public in22 spection. 

23 (3) CONFERENCE EXPENDITURES.— 

24 (A) LIMITATION.—No amounts authorized 

25 to be appropriated to the Department of Justice 


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1 under this Act may be used by the Attorney 

2 General, or by any individual or entity awarded 

3 discretionary funds through a cooperative 

4 agreement under this Act or an Act amended 

5 by this Act, to host or support any expenditure 

6 for conferences that uses more than $20,000 in 

7 funds made available to the Department of Jus8 tice, unless the Deputy Attorney General or the 

9 appropriate Assistant Attorney General, Direc10 tor, or principal deputy (as designated by the 

11 Deputy Attorney General) provides prior writ12 ten authorization that the funds may be ex13 pended to host the conference. 

14 (B) WRITTEN APPROVAL.—Written ap15 proval under subparagraph (A) shall include a 

16 written estimate of all costs associated with the 

17 conference, including the cost of all food, bev18 erages, audio-visual equipment, honoraria for 

19 speakers, and entertainment. 

20 (C) REPORT.—The Deputy Attorney Gen21 eral shall submit an annual report to the Com22 mittee on the Judiciary of the Senate and the 

23 Committee on the Judiciary of the House of 

24 Representatives on all conference expenditures 

25 approved under this paragraph. 


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1 (4) ANNUAL CERTIFICATION.—Beginning in the 

2 first fiscal year beginning after the date of enact3 ment of this Act, the Attorney General shall submit, 

4 to the Committee on the Judiciary and the Com5 mittee on Appropriations of the Senate and the 

6 Committee on the Judiciary and the Committee on 

7 Appropriations of the House of Representatives, an 

8 annual certification indicating whether— 

9 (A) all audits issued by the Office of the 

10 Inspector General under paragraph (1) have 

11 been completed and reviewed by the appropriate 

12 Assistant Attorney General or Director; 

13 (B) all mandatory exclusions required 

14 under paragraph (1)(C) have been issued; 

15 (C) all reimbursements required under 

16 paragraph (1)(E) have been made; and 

17 (D) includes a list of any grant recipients 

18 excluded under paragraph (1) from the previous 

19 year. 

Æ 


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