I 

114TH CONGRESS 

1ST SESSION H. R. 181 

To provide justice for the victims of trafficking. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 7, 2015 

Mr. POE of Texas (for himself and Mrs. CAROLYN B. MALONEY of New York) 

introduced the following bill; which was 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 2015’’. 

6 SEC. 2. VICTIM-CENTERED SEX TRAFFICKING DETERRENCE 

7 GRANT PROGRAM. 

8 Section 203 of the Trafficking Victims Protection Re9 authorization Act of 2005 (42 U.S.C. 14044b) is amend10 ed— 


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1 (1) by redesignating subsection (g) as sub2 section (j); 

3 (2) by striking subsections (a) through (f), and 

4 inserting the following: 

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

6 may make grants to eligible entities to develop, improve, 

7 or expand comprehensive domestic child human trafficking 

8 deterrence programs that assist law enforcement officers, 

9 prosecutors, judicial officials, and qualified victims’ serv10 ices organizations in collaborating to rescue and restore 

11 the lives of victims, while investigating and prosecuting of12 fenses involving child human trafficking. 

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

14 under subsection (a) may be used for— 

15 ‘‘(1) the establishment or enhancement of spe16 cialized training programs for law enforcement offi17 cers, first responders, health care officials, child wel18 fare officials, juvenile justice personnel, prosecutors, 

19 and judicial personnel to— 

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

21 human trafficking; 

22 ‘‘(B) address the unique needs of victims 

23 of child human trafficking; 

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

25 human trafficking; 


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1 ‘‘(D) investigate and prosecute acts of 

2 child human trafficking, including the soliciting, 

3 patronizing, or purchasing of commercial sex 

4 acts from children, as well as training to build 

5 cases against complex criminal networks in6 volved in child human trafficking; and 

7 ‘‘(E) implement and provide education on 

8 safe harbor laws enacted by States, aimed at 

9 preventing the criminalization and prosecution 

10 of victims of child human trafficking for pros11 titution offenses; 

12 ‘‘(2) the establishment or enhancement of dedi13 cated anti-child human trafficking law enforcement 

14 units and task forces to investigate child human 

15 trafficking offenses and to rescue victims, includ16 ing— 

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

18 for law enforcement officers, including patrol 

19 officers, detectives, and investigators, except 

20 that the percentage of the salary of the law en21 forcement officer paid for by funds from a 

22 grant awarded under this section shall not be 

23 more than the percentage of the officer’s time 

24 on duty that is dedicated to working on cases 

25 involving child human trafficking; 


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1 ‘‘(B) investigation expenses for cases in2 volving child human trafficking, including— 

3 ‘‘(i) wire taps; 

4 ‘‘(ii) consultants with expertise spe5 cific to cases involving child human traf6 ficking; 

7 ‘‘(iii) travel; and 

8 ‘‘(iv) other technical assistance ex9 penditures; 

10 ‘‘(C) dedicated anti-child human traf11 ficking prosecution units, including the funding 

12 of salaries for State and local prosecutors, in13 cluding assisting in paying trial expenses for 

14 prosecution of child human trafficking offenses, 

15 except that the percentage of the total salary of 

16 a State or local prosecutor that is paid using an 

17 award under this section shall be not more than 

18 the percentage of the total number of hours 

19 worked by the prosecutor that is spent working 

20 on cases involving child human trafficking; and 

21 ‘‘(D) the establishment of child human 

22 trafficking victim witness safety, assistance, 

23 and relocation programs that encourage co24 operation with law enforcement investigations 

25 of crimes of child human trafficking by 


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1 leveraging existing resources and delivering 

2 child human trafficking victims’ services 

3 through coordination with— 

4 ‘‘(i) child advocacy centers; 

5 ‘‘(ii) social service agencies; 

6 ‘‘(iii) State governmental health serv7 ice agencies; 

8 ‘‘(iv) housing agencies; 

9 ‘‘(v) legal services agencies; and 

10 ‘‘(vi) non-governmental organizations 

11 and shelter service providers with substan12 tial experience in delivering services to vic13 tims of child human trafficking; 

14 ‘‘(3) the establishment or enhancement of prob15 lem solving court programs for child human traf16 ficking victims that include— 

17 ‘‘(A) continuing judicial supervision of vic18 tims of child human trafficking who have been 

19 identified by a law enforcement or judicial offi20 cer as a potential victim of child human traf21 ficking, regardless of whether the victim has 

22 been charged with a crime related to human 

23 trafficking; 


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1 ‘‘(B) the development of specialized and in2 dividualized treatment programs for identified 

3 victims of child human trafficking, including— 

4 ‘‘(i) State-administered outpatient 

5 treatment; 

6 ‘‘(ii) life skills training; 

7 ‘‘(iii) housing placement; 

8 ‘‘(iv) vocational training; 

9 ‘‘(v) education; 

10 ‘‘(vi) family support services; and 

11 ‘‘(vii) job placement; and 

12 ‘‘(C) collaborative efforts with child advo13 cacy centers, child welfare agencies, shelters, 

14 and non-governmental organizations to provide 

15 services to victims and encourage cooperation 

16 with law enforcement; and 

17 ‘‘(4) the establishment or enhancement of vic18 tims’ services programs for victims of child human 

19 trafficking, which offer services including— 

20 ‘‘(A) residential care, including temporary 

21 or long-term placement, as appropriate; 

22 ‘‘(B) 24-hour emergency social services re23 sponse systems; and 

24 ‘‘(C) counseling and case management 

25 services. 


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1 ‘‘(c) APPLICATION.— 

2 ‘‘(1) IN GENERAL.—An eligible entity shall sub3 mit an application to the Attorney General for a 

4 grant under this section in such form and manner 

5 as the Attorney General may require. 

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

7 submitted under this subsection shall— 

8 ‘‘(A) disclose— 

9 ‘‘(i) any other grant funding from the 

10 Department of Justice or from any other 

11 Federal department or agency for purposes 

12 similar to those described in subsection (b) 

13 for which the eligible entity has applied, 

14 and which application is pending on the 

15 date of the submission of an application 

16 under this section; and 

17 ‘‘(ii) any other such grant funding 

18 that the eligible entity has received during 

19 the 5-year period prior to the date of the 

20 submission of an application under this 

21 section; 

22 ‘‘(B) describe the activities for which as23 sistance under this section is sought; 

24 ‘‘(C) include a detailed plan for the use of 

25 funds awarded under the grant; and 


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1 ‘‘(D) provide such additional information 

2 and assurances as the Attorney General deter3 mines to be necessary to ensure compliance 

4 with the requirements of this section. 

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

6 submitted in accordance with paragraphs (1) and 

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

8 grant applications if— 

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

10 awarded funds to engage in all activities de11 scribed under paragraphs (1) and (2) of sub12 section (b); or 

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

14 State or unit of local government to continue 

15 funding of all activities funded by the award 

16 after the expiration of the award. 

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

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

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

20 grant. 

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

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

23 period of not greater than 1 year. 

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

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1 nization that has experience in issues related to child 

2 human trafficking and evaluation of grant programs to 

3 conduct an annual evaluation of grants made under this 

4 section to determine the impact and effectiveness of pro5 grams funded with grants awarded under this section, and 

6 shall submit any such evaluation to the Committee on the 

7 Judiciary of the House of Representatives and the Com8 mittee on the Judiciary of the Senate. 

9 ‘‘(f) OVERSIGHT AND ACCOUNTABILITY.—An eligible 

10 entity that receives a grant under this section is subject 

11 to the requirements of section 10 of the Justice for Vic12 tims of Trafficking Act of 2014. 

13 ‘‘(g) ADMINISTRATIVE CAP.—The cost of admin14 istering the grants authorized by this section shall not ex15 ceed 5 percent of the total amount appropriated to carry 

16 out this section. 

17 ‘‘(h) FEDERAL SHARE.—The Federal share of the 

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

19 section may not exceed— 

20 ‘‘(1) 70 percent in the first year; 

21 ‘‘(2) 60 percent in the second year; and 

22 ‘‘(3) 50 percent in the third year. 

23 ‘‘(i) DEFINITIONS.—In this section— 

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

25 age of 18; 


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

2 center created under subtitle A of the Victims of 

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

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

5 1 or more severe forms of trafficking in persons (as 

6 defined in section 103 of the Trafficking Victims 

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

8 a victim who is a child; and 

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

10 unit of local government that— 

11 ‘‘(A) has significant criminal activity in12 volving child human trafficking; 

13 ‘‘(B) has demonstrated cooperation be14 tween Federal, State, local, and, where applica15 ble, tribal law enforcement agencies, prosecu16 tors, and social service providers in addressing 

17 child human trafficking; and 

18 ‘‘(C) has developed a workable, multi-dis19 ciplinary plan to combat child human traf20 ficking.’’; and 

21 (3) in subsection (j) (as so redesignated)— 

22 (A) by striking ‘‘Secretary of Health and 

23 Human Services’’ and inserting ‘‘Attorney Gen24 eral, in consultation with the Secretary of 

25 Health and Human Services,’’; and 


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1 (B) by striking ‘‘fiscal years 2008 through 

2 2011’’ and inserting ‘‘fiscal years 2015 through 

3 2019’’. 

4 SEC. 3. AMENDMENTS TO THE VICTIMS OF CHILD ABUSE 

5 ACT OF 1990. 

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

7 13001 et seq.) is amended— 

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

9 inserting ‘‘, including human trafficking and the 

10 production of child pornography’’ before the semi11 colon at the end; and 

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

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

14 and (d) as subsections (c), (d), and (e), respec15 tively; and 

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

17 following: 

18 ‘‘(b) DIRECT SERVICES FOR VICTIMS OF CHILD POR19 NOGRAPHY.—The Administrator, in coordination with the 

20 Director and with the Director of the Office of Victims 

21 of Crime, may make grants to develop and implement spe22 cialized programs to identify and provide direct services 

23 to victims of child pornography.’’. 


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1 SEC. 4. STREAMLINING STATE AND LOCAL HUMAN TRAF2 FICKING INVESTIGATIONS. 

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

4 amended by inserting ‘‘human trafficking, child sexual ex5 ploitation, child pornography production,’’ after ‘‘kidnap6 ping,’’. 

7 SEC. 5. ENHANCING HUMAN TRAFFICKING REPORTING. 

8 Section 3702 of the Crime Control Act of 1990 (42 

9 U.S.C. 5780) is amended— 

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

11 end; and 

12 (2) in paragraph (4)— 

13 (A) in the matter preceding subparagraph 

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

15 ‘‘paragraph (3)’’; 

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

17 ‘‘and a photograph taken within the previous 

18 180 days’’ after ‘‘dental records’’; 

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

20 ‘‘and’’ at the end; 

21 (D) by redesignating subparagraph (C) as 

22 subparagraph (D); and 

23 (E) by inserting after subparagraph (B) 

24 the following: 

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1 ceived relating to a child reported missing from 

2 a foster care family home or childcare institu3 tion; and’’. 

4 SEC. 6. REDUCING DEMAND FOR SEX TRAFFICKING. 

5 Section 1591 of title 18, United States Code, is 

6 amended— 

7 (1) in subsection (a)(1), by striking ‘‘or main8 tains’’ and inserting ‘‘maintains, patronizes, or solic9 its’’; 

10 (2) in subsection (b)— 

11 (A) in paragraph (1), by striking ‘‘or ob12 tained’’ and inserting ‘‘obtained, patronized, or 

13 solicited’’; and 

14 (B) in paragraph (2), by striking ‘‘or ob15 tained’’ and inserting ‘‘obtained, patronized, or 

16 solicited’’; and 

17 (3) in subsection (c)— 

18 (A) by striking ‘‘or maintained’’ and in19 serting ‘‘, maintained, patronized, or solicited’’; 

20 and 

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

22 and inserting ‘‘knew, or recklessly disregarded 

23 the fact, that the person’’. 


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1 SEC. 7. USING EXISTING TASK FORCES TO TARGET OF2 FENDERS WHO EXPLOIT CHILDREN. 

3 Not later than 180 days after the date of enactment 

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

5 forces and working groups within the Violent Crimes 

6 Against Children Program engage in activities, programs, 

7 or operations to increase the investigative capabilities of 

8 State and local law enforcement officers in the detection, 

9 investigation, and prosecution of persons who patronize, 

10 or solicit children for sex. 

11 SEC. 8. HOLDING SEX TRAFFICKERS ACCOUNTABLE. 

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

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

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

15 SEC. 9. OVERSIGHT AND ACCOUNTABILITY. 

16 (a) AUDIT REQUIREMENT.—In fiscal year 2015, and 

17 each fiscal year thereafter, the Inspector General of the 

18 Department of Justice shall conduct audits of covered 

19 grantees to prevent waste, fraud, and abuse of such funds. 

20 The Inspector General shall determine the appropriate 

21 number of covered grantees to be audited each year. 

22 (b) MANDATORY EXCLUSION.—A covered grantee 

23 that is found to have an unresolved audit finding shall 

24 not be eligible for an allocation of grant funds from the 

25 covered grant program from which it received a grant 


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1 award during the first 2 fiscal years beginning after the 

2 end of the 12-month period described in subsection (g)(3). 

3 (c) REIMBURSEMENT.—If a covered grantee is 

4 awarded funds under the covered grant program from 

5 which it received a grant award during the 2-fiscal-year 

6 period during which the covered grantee is ineligible for 

7 an allocation of grant funds as a result of subsection (b), 

8 the Attorney General shall— 

9 (1) deposit an amount equal to the amount of 

10 the grant funds that were improperly awarded to the 

11 covered grantee into the General Fund of the Treas12 ury; and 

13 (2) seek to recoup the costs of the repayment 

14 to the Fund from the covered grantee that was erro15 neously awarded grant funds. 

16 (d) NONPROFIT ORGANIZATION REQUIREMENTS.— 

17 (1) DEFINITION.—For purposes of this section, 

18 the term ‘‘nonprofit’’, when used with respect to an 

19 organization, means an organization that is de20 scribed in section 501(c)(3) of the Internal Revenue 

21 Code of 1986 and is exempt from taxation under 

22 section 501(a) of such Code. 

23 (2) PROHIBITION.—A nonprofit organization 

24 that holds money in offshore accounts for the pur25 pose of avoiding paying the tax described in section 


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1 511(a) of the Internal Revenue Code of 1986, shall 

2 not be eligible to receive, directly or indirectly, any 

3 funds from a covered grant program. 

4 (3) DISCLOSURE.—Each nonprofit organization 

5 that is a covered grantee shall disclose in its applica6 tion for such a grant, as a condition of receipt of 

7 such a grant, the compensation of its officers, direc8 tors, and trustees. Such disclosure shall include a 

9 description of the criteria relied upon to determine 

10 such compensation. 

11 (e) CONFERENCE EXPENDITURES.— 

12 (1) LIMITATION.—No amounts made available 

13 under a covered grant program may be used to host 

14 or support a conference that uses more than 

15 $20,000 in funds made available by the Department 

16 of Justice unless the Deputy Attorney General or 

17 the appropriate Assistant Attorney General, Direc18 tor, or principal deputy (as designated by the Dep19 uty Attorney General) provides prior written ap20 proval that the funds may be expended to host or 

21 support such conference, except that a conference 

22 that uses more than $20,000 in such funds, but less 

23 than $500 in such funds for each attendee of the 

24 conference, shall not be subject to the limitation 

25 under this paragraph. 


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1 (2) WRITTEN APPROVAL.—Written approval 

2 under paragraph (1) shall include a written estimate 

3 of all costs associated with the conference, including 

4 the cost of all food, beverages, audio-visual equip5 ment, honoraria for speakers, and entertainment. 

6 (3) REPORT.—The Deputy Attorney General 

7 shall submit an annual report to the Committee on 

8 the Judiciary of the Senate and the Committee on 

9 the Judiciary of the House of Representatives on all 

10 conference expenditures approved under this sub11 section. 

12 (f) PROHIBITION ON LOBBYING ACTIVITY.— 

13 (1) IN GENERAL.—Amounts made available 

14 under a covered grant program may not be used by 

15 any covered grantee to— 

16 (A) lobby any representative of the Depart17 ment of Justice regarding the award of grant 

18 funding; or 

19 (B) lobby any representative of the Federal 

20 Government or a State, local, or tribal govern21 ment regarding the award of grant funding. 

22 (2) PENALTY.—If the Attorney General deter23 mines that a covered grantee has violated paragraph 

24 (1), the Attorney General shall— 


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1 (A) require the covered grantee to repay 

2 the grant in full; and 

3 (B) prohibit the covered grantee from re4 ceiving a grant under the covered grant pro5 gram from which it received a grant award dur6 ing at least the 5-year period beginning on the 

7 date of such violation. 

8 (g) DEFINITIONS.—In this section, the following defi9 nitions apply: 

10 (1) The term ‘‘covered grant program’’ means 

11 the following: 

12 (A) The grant program under section 203 

13 of the Trafficking Victims Protection Reauthor14 ization Act of 2005 (42 U.S.C. 14044b). 

15 (B) The grant programs under section 214 

16 and 214A of the Victims of Child Abuse Act of 

17 1990 (42 U.S.C. 13002, 13003). 

18 (2) The term ‘‘covered grantee’’ means a recipi19 ent of a grant from a covered grant program. 

20 (3) The term ‘‘unresolved audit finding’’ means 

21 an audit report finding in a final audit report of the 

22 Inspector General of the Department of Justice that 

23 a covered grantee has used grant funds awarded to 

24 that grantee under a covered grant program for an 

25 unauthorized expenditure or otherwise unallowable 


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1 cost that is not closed or resolved during the 12- 

2 month period beginning on the date on which the 

3 final audit report is issued. 

4 SEC. 10. CRIME VICTIMS’ RIGHTS. 

5 (a) IN GENERAL.—Section 3771 of title 18, United 

6 States Code, is amended— 

7 (1) in subsection (a), by adding at the end the 

8 following: 

9 ‘‘(9) The right to be informed in a timely man10 ner of any plea bargain or deferred prosecution 

11 agreement. 

12 ‘‘(10) The right to be informed of the rights 

13 under this section and the services described in sec14 tion 503(c) of the Victims’ Rights and Restitution 

15 Act of 1990 (42 U.S.C. 10607(c)) and provided con16 tact information for the Office of the Victims’ 

17 Rights Ombudsman of the Department of Justice.’’; 

18 (2) in subsection (d)(3), in the fifth sentence, 

19 by inserting ‘‘, unless the litigants, with the approval 

20 of the court, have stipulated to a different time pe21 riod for consideration’’ before the period; and 

22 (3) in subsection (e)— 

23 (A) by striking ‘‘this chapter, the term’’ 

24 and inserting the following: ‘‘this chapter: 


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1 ‘‘(1) COURT OF APPEALS.—The term ‘court of 

2 appeals’ means— 

3 ‘‘(A) the United States court of appeals for 

4 the judicial district in which a defendant is 

5 being prosecuted; or 

6 ‘‘(B) for a prosecution in the Superior 

7 Court of the District of Columbia, the District 

8 of Columbia Court of Appeals. 

9 ‘‘(2) CRIME VICTIM.— 

10 ‘‘(A) IN GENERAL.—The term’’; 

11 (B) by striking ‘‘In the case’’ and inserting 

12 the following: 

13 ‘‘(B) MINORS AND CERTAIN OTHER VIC14 TIMS.—In the case’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(3) DISTRICT COURT; COURT.—The terms 

17 ‘district court’ and ‘court’ include the Superior 

18 Court of the District of Columbia.’’. 

19 (b) APPELLATE REVIEW OF PETITIONS RELATING

20 TO CRIME VICTIMS’ RIGHTS.— 

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

22 18, United States Code, as amended by subsection 

23 (a)(2) of this section, is amended by inserting after 

24 the fifth sentence the following: ‘‘In deciding such 


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1 application, the court of appeals shall apply ordinary 

2 standards of appellate review.’’. 

3 (2) APPLICATION.—The amendment made by 

4 paragraph (1) shall apply with respect to any peti5 tion for a writ of mandamus filed under section 

6 3771(d)(3) of title 18, United States Code, that is 

7 pending on the date of enactment of this Act. 

8 SEC. 11. SENSE OF CONGRESS. 

9 It is the sense of Congress that— 

10 (1) child human trafficking (as such term is de11 fined in section 203(i) of the Trafficking Victims 

12 Protection Reauthorization Act of 2005 (42 U.S.C. 

13 14044b), as added by this Act) has no place in a civ14 ilized society, and that persons who commit crimes 

15 relating to child human trafficking should be pros16 ecuted to the fullest extent of the law; 

17 (2) the United States, as a leader in monitoring 

18 and combating human trafficking throughout the 

19 world, must hold all nations to the same standards 

20 to which we hold our Nation; 

21 (3) those who obtain, solicit, or patronize a vic22 tim of trafficking for the purpose of engaging in a 

23 commercial sex act with that person, are committing 

24 a human trafficking offense under Federal law; and 


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1 (4) the demand for commercial sex is a primary 

2 cause of the human rights violation of human traf3 ficking, and the elimination of that human rights 

4 violation requires the elimination of that demand. 

Æ 


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