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[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.
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