II 

114TH CONGRESS 

1ST SESSION S. 140 

To combat human trafficking. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 8, 2015 

Mrs. FEINSTEIN (for herself, Mr. PORTMAN, Mr. CORNYN, Mrs. GILLIBRAND, 

and Mr. KIRK) introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

A BILL 

To combat human 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 ‘‘Combat Human Traf5 ficking Act of 2015’’. 

6 SEC. 2. REDUCING DEMAND FOR SEX TRAFFICKING; LOWER 

7 MENS REA FOR SEX TRAFFICKING OF UNDER8 AGE VICTIMS. 

9 (a) CLARIFICATION OF RANGE OF CONDUCT PUN10 ISHED AS SEX TRAFFICKING.—Section 1591 of title 18, 

11 United States Code, is amended— 


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1 (1) in subsection (a)(1), by striking ‘‘or main2 tains’’ and inserting ‘‘maintains, patronizes, or solic3 its’’; 

4 (2) in subsection (b)— 

5 (A) in paragraph (1), by striking ‘‘or ob6 tained’’ and inserting ‘‘obtained, patronized, or 

7 solicited’’; and 

8 (B) in paragraph (2), by striking ‘‘or ob9 tained’’ and inserting ‘‘obtained, patronized, or 

10 solicited’’; and 

11 (3) by striking subsection (c) and inserting the 

12 following: 

13 ‘‘(c) In a prosecution under subsection (a)(1), the 

14 Government need not prove that the defendant knew, or 

15 recklessly disregarded the fact, that the person recruited, 

16 enticed, harbored, transported, provided, obtained, main17 tained, patronized, or solicited had not attained the age 

18 of 18 years.’’. 

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

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

21 7102(10)) is amended by striking ‘‘or obtaining’’ and in22 serting ‘‘obtaining, patronizing, or soliciting’’. 

23 (c) MINIMUM PERIOD OF SUPERVISED RELEASE FOR

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1 FICKING.—Section 3583(k) of title 18, United States 

2 Code, is amended by inserting ‘‘1594(c),’’ after ‘‘1591,’’. 

3 SEC. 3. BUREAU OF JUSTICE STATISTICS REPORT ON 

4 STATE ENFORCEMENT OF SEX TRAFFICKING 

5 PROHIBITIONS. 

6 (a) DEFINITIONS.—In this section— 

7 (1) the terms ‘‘commercial sex act’’, ‘‘severe 

8 forms of trafficking in persons’’, ‘‘State’’, and ‘‘Task 

9 Force’’ have the meanings given those terms in sec10 tion 103 of the Trafficking Victims Protection Act 

11 of 2000 (22 U.S.C. 7102); 

12 (2) the term ‘‘covered offense’’ means the provi13 sion, obtaining, patronizing, or soliciting of a com14 mercial sex act involving a person subject to severe 

15 forms of trafficking in persons; and 

16 (3) the term ‘‘State law enforcement officer’’ 

17 means any officer, agent, or employee of a State au18 thorized by law or by a State government agency to 

19 engage in or supervise the prevention, detection, in20 vestigation, or prosecution of any violation of crimi21 nal law. 

22 (b) REPORT.—The Director of the Bureau of Justice 

23 Statistics shall— 

24 (1) prepare an annual report on— 

25 (A) the rates of— 


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1 (i) arrest of individuals by State law 

2 enforcement officers for a covered offense; 

3 (ii) prosecution (including specific 

4 charges) of individuals in State court sys5 tems for a covered offense; and 

6 (iii) conviction of individuals in State 

7 court systems for a covered offense; and 

8 (B) sentences imposed on individuals con9 victed in State court systems for a covered of10 fense; and 

11 (2) submit the annual report prepared under 

12 paragraph (1) to— 

13 (A) the Committee on the Judiciary of the 

14 House of Representatives; 

15 (B) the Committee on the Judiciary of the 

16 Senate; 

17 (C) the Task Force; 

18 (D) the Senior Policy Operating Group es19 tablished under section 105(g) of the Traf20 ficking Victims Protection Act of 2000 (22 

21 U.S.C. 7103(g)); and 

22 (E) the Attorney General. 

23 SEC. 4. LAW ENFORCEMENT OFFICERS, PROSECUTORS, 

24 AND JUDGES. 

25 (a) DEFINITIONS.—In this section— 


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1 (1) the terms ‘‘commercial sex act’’, ‘‘severe 

2 forms of trafficking in persons’’, and ‘‘State’’ have 

3 the meanings given those terms in section 103 of the 

4 Trafficking Victims Protection Act of 2000 (22 

5 U.S.C. 7102); 

6 (2) the term ‘‘covered offender’’ means an indi7 vidual who obtains, patronizes, or solicits a commer8 cial sex act involving a person subject to severe 

9 forms of trafficking in persons; 

10 (3) the term ‘‘Federal law enforcement officer’’ 

11 has the meaning given the term in section 115 of 

12 title 18, United States Code; 

13 (4) the term ‘‘local law enforcement officer’’ 

14 means any officer, agent, or employee of a unit of 

15 local government authorized by law or by a local 

16 government agency to engage in or supervise the 

17 prevention, detection, investigation, or prosecution of 

18 any violation of criminal law; and 

19 (5) the term ‘‘State law enforcement officer’’ 

20 means any officer, agent, or employee of a State au21 thorized by law or by a State government agency to 

22 engage in or supervise the prevention, detection, in23 vestigation, or prosecution of any violation of crimi24 nal law. 

25 (b) TRAINING.— 


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1 (1) LAW ENFORCEMENT OFFICERS.—The At2 torney General shall ensure that each anti-human 

3 trafficking program operated by the Department of 

4 Justice, including each anti-human trafficking train5 ing program for Federal, State, or local law enforce6 ment officers, includes technical training on— 

7 (A) effective methods for investigating and 

8 prosecuting covered offenders; and 

9 (B) facilitating the provision of physical 

10 and mental health services by health care pro11 viders to persons subject to severe forms of 

12 trafficking in persons. 

13 (2) FEDERAL PROSECUTORS.—The Attorney 

14 General shall ensure that each anti-human traf15 ficking program operated by the Department of Jus16 tice for United States attorneys or other Federal 

17 prosecutors includes training on seeking restitution 

18 for offenses under chapter 77 of title 18, United 

19 States Code, to ensure that each United States at20 torney or other Federal prosecutor, upon obtaining 

21 a conviction for such an offense, requests a specific 

22 amount of restitution for each victim of the offense 

23 without regard to whether the victim requests res24 titution. 


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1 (3) JUDGES.—The Federal Judicial Center 

2 shall provide training to judges relating to the appli3 cation of section 1593 of title 18, United States 

4 Code, with respect to ordering restitution for victims 

5 of offenses under chapter 77 of such title. 

6 (c) POLICY FOR FEDERAL LAW ENFORCEMENT OF7 FICERS.—The Attorney General shall ensure that Federal 

8 law enforcement officers are engaged in activities, pro9 grams, or operations involving the detection, investigation, 

10 and prosecution of covered offenders. 

11 SEC. 5. WIRETAP AUTHORITY FOR HUMAN TRAFFICKING 

12 VIOLATIONS. 

13 Section 2516 of title 18, United States Code, is 

14 amended— 

15 (1) in paragraph (1)(c)— 

16 (A) by inserting before ‘‘section 1591’’ the 

17 following: ‘‘section 1581 (peonage), section 

18 1584 (involuntary servitude), section 1589 

19 (forced labor), section 1590 (trafficking with re20 spect to peonage, slavery, involuntary servitude, 

21 or forced labor),’’; and 

22 (B) by inserting before ‘‘section 1751’’ the 

23 following: ‘‘section 1592 (unlawful conduct with 

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1 ficking, peonage, slavery, involuntary servitude, 

2 or forced labor),’’; and 

3 (2) in paragraph (2), by inserting ‘‘human traf4 ficking, child sexual exploitation, child pornography 

5 production,’’ after ‘‘kidnapping,’’. 

6 SEC. 6. STRENGTHENING CRIME VICTIMS’ RIGHTS. 

7 (a) NOTIFICATION OF PLEA AGREEMENT OR OTHER

8 AGREEMENT.—Section 3771(a) of title 18, United States 

9 Code, is amended by adding at the end the following: 

10 ‘‘(9) The right to be informed in a timely man11 ner of any plea agreement or deferred prosecution 

12 agreement.’’. 

13 (b) APPELLATE REVIEW OF PETITIONS RELATING

14 TO CRIME VICTIMS’ RIGHTS.— 

15 (1) IN GENERAL.—Section 3771(d)(3) of title 

16 18, United States Code, is amended by inserting 

17 after the fifth sentence the following: ‘‘In deciding 

18 such application, the court of appeals shall apply or19 dinary standards of appellate review.’’. 

20 (2) APPLICATION.—The amendment made by 

21 paragraph (1) shall apply with respect to any peti22 tion for a writ of mandamus filed under section 

23 3771(d)(3) of title 18, United States Code, that is 

24 pending on the date of enactment of this Act. 

Æ 


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