129 STAT. 227 PUBLIC LAW 114–22—MAY 29, 2015
Public Law 114–22
114th Congress
An Act
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; TABLE OF CONTENTS.
(a) S
HORT
T
ITLE
.—This Act may be cited as the ‘‘Justice for
Victims of Trafficking Act of 2015’’.
(b) T
ABLE OF
C
ONTENTS
.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I—JUSTICE FOR VICTIMS OF TRAFFICKING
Sec. 101. Domestic Trafficking Victims’ Fund.
Sec. 102. Clarifying the benefits and protections offered to domestic victims of
human trafficking.
Sec. 103. Victim-centered child human trafficking deterrence block grant program.
Sec. 104. Direct services for victims of child pornography.
Sec. 105. Increasing compensation and restitution for trafficking victims.
Sec. 106. Streamlining human trafficking investigations.
Sec. 107. Enhancing human trafficking reporting.
Sec. 108. Reducing demand for sex trafficking.
Sec. 109. Sense of Congress.
Sec. 110. Using existing task forces and components to target offenders who exploit
children.
Sec. 111. Targeting child predators.
Sec. 112. Monitoring all human traffickers as violent criminals.
Sec. 113. Crime victims’ rights.
Sec. 114. Combat Human Trafficking Act.
Sec. 115. Survivors of Human Trafficking Empowerment Act.
Sec. 116. Bringing Missing Children Home Act.
Sec. 117. Grant accountability.
Sec. 118. SAVE Act.
Sec. 119. Education and outreach to trafficking survivors.
Sec. 120. Expanded statute of limitations for civil actions by child trafficking sur-
vivors.
Sec. 121. GAO study and report.
TITLE II—COMBATING HUMAN TRAFFICKING
Subtitle A—Enhancing Services for Runaway and Homeless Victims of Youth
Trafficking
Sec. 201. Amendments to the Runaway and Homeless Youth Act.
Subtitle B—Improving the Response to Victims of Child Sex Trafficking
Sec. 211. Response to victims of child sex trafficking.
Subtitle C—Interagency Task Force to Monitor and Combat Trafficking
Sec. 221. Victim of trafficking defined.
Sec. 222. Interagency task force report on child trafficking primary prevention.
Sec. 223. GAO Report on intervention.
Sec. 224. Provision of housing permitted to protect and assist in the recovery of vic-
tims of trafficking.
18 USC 1 note.
Justice for
Victims of
Trafficking Act
of 2015.
May 29, 2015
[S. 178]
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129 STAT. 228 PUBLIC LAW 114–22—MAY 29, 2015
Subtitle D—Expanded Training
Sec. 231. Expanded training relating to trafficking in persons.
TITLE III—HERO ACT
Sec. 301. Short title.
Sec. 302. HERO Act.
Sec. 303. Transportation for illegal sexual activity and related crimes.
TITLE IV—RAPE SURVIVOR CHILD CUSTODY
Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Findings.
Sec. 404. Increased funding for formula grants authorized.
Sec. 405. Application.
Sec. 406. Grant increase.
Sec. 407. Period of increase.
Sec. 408. Allocation of increased formula grant funds.
Sec. 409. Authorization of appropriations.
TITLE V—MILITARY SEX OFFENDER REPORTING
Sec. 501. Short title.
Sec. 502. Registration of sex offenders released from military corrections facilities
or upon conviction.
TITLE VI—STOPPING EXPLOITATION THROUGH TRAFFICKING
Sec. 601. Safe Harbor Incentives.
Sec. 602. Report on restitution paid in connection with certain trafficking offenses.
Sec. 603. National human trafficking hotline.
Sec. 604. Job corps eligibility.
Sec. 605. Clarification of authority of the United States Marshals Service.
Sec. 606. Establishing a national strategy to combat human trafficking.
TITLE VII—TRAFFICKING AWARENESS TRAINING FOR HEALTH CARE
Sec. 701. Short title.
Sec. 702. Development of best practices.
Sec. 703. Definitions.
Sec. 704. No additional authorization of appropriations.
TITLE VIII—BETTER RESPONSE FOR VICTIMS OF CHILD SEX TRAFFICKING
Sec. 801. Short title.
Sec. 802. CAPTA amendments.
TITLE IX—ANTI-TRAFFICKING TRAINING FOR DEPARTMENT OF
HOMELAND SECURITY PERSONNEL
Sec. 901. Definitions.
Sec. 902. Training for Department personnel to identify human trafficking.
Sec. 903. Certification and report to Congress.
Sec. 904. Assistance to non-Federal entities.
Sec. 905. Expanded use of Domestic Trafficking Victims’ Fund.
TITLE X—HUMAN TRAFFICKING SURVIVORS RELIEF AND EMPOWERMENT
ACT
Sec. 1001. Short title.
Sec. 1002. Protections for human trafficking survivors.
TITLE I—JUSTICE FOR VICTIMS OF
TRAFFICKING
SEC. 101. DOMESTIC TRAFFICKING VICTIMS’ FUND.
(a) I
N
G
ENERAL
.—Chapter 201 of title 18, United States Code,
is amended by adding at the end the following:
‘‘§ 3014. Additional special assessment
‘‘(a) I
N
G
ENERAL
.—Beginning on the date of enactment of the
Justice for Victims of Trafficking Act of 2015 and ending on Sep-
tember 30, 2019, in addition to the assessment imposed under-
Time period.
18 USC 3014.
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129 STAT. 229 PUBLIC LAW 114–22—MAY 29, 2015
section 3013, the court shall assess an amount of $5,000 on any
non-indigent 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 per-
son 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) S
ATISFACTION OF
O
THER
C
OURT
-O
RDERED
O
BLIGATIONS
.—
An assessment under subsection (a) shall not be payable until
the person subject to the assessment has satisfied all outstanding
court-ordered fines, orders of restitution, and any other obligation
related to victim-compensation arising from the criminal convictions
on which the special assessment is based.
‘‘(c) E
STABLISHMENT OF
D
OMESTIC
T
RAFFICKING
V
ICTIMS
F
UND
.—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 Home-
land Security and the Secretary of Health and Human Services.
‘‘(d) T
RANSFERS
.—In a manner consistent with section 3302(b)
of title 31, there shall be transferred to the Fund from the General
Fund of the Treasury an amount equal to the amount of the
assessments collected under this section, which shall remain avail-
able until expended.
‘‘(e) U
SE OF
F
UNDS
.—
‘‘(1) I
N GENERAL
.—From amounts in the Fund, in addition
to any other amounts available, and without further appropria-
tion, the Attorney General, in coordination with the Secretary
of Health and Human Services shall, for each of fiscal years
2016 through 2019, use amounts available in the Fund to
award grants or enhance victims’ programming under—
‘‘(A) section 204 of the Trafficking Victims Protection
Reauthorization Act of 2005 (42 U.S.C. 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) L
IMITATION
.—Except as provided in subsection (h)(2),
none of the amounts in the Fund may be used to provide
health care or medical items or services.
‘‘(f) C
OLLECTION
M
ETHOD
.—The amount assessed under sub-
section (a) shall, subject to subsection (b), be collected in the manner
that fines are collected in criminal cases.
‘‘(g) D
URATION OF
O
BLIGATION
.—Subject to section 3613(b), the
obligation to pay an assessment imposed on or after the date
of enactment of the Justice for Victims of Trafficking Act of 2015
shall not cease until the assessment is paid in full.
‘‘(h) H
EALTH OR
M
EDICAL
S
ERVICES
.—
Coordination.
Grants.
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129 STAT. 230 PUBLIC LAW 114–22—MAY 29, 2015
‘‘(1) T
RANSFER OF FUNDS
.—From amounts appropriated
under section 10503(b)(1)(E) of the Patient Protection and
Affordable Care Act (42 U.S.C. 254b–2(b)(1)(E)), as amended
by section 221 of the Medicare Access and CHIP Reauthoriza-
tion Act of 2015, there shall be transferred to the Fund an
amount equal to the amount transferred under subsection (d)
for each fiscal year, except that the amount transferred under
this paragraph shall not be less than $5,000,000 or more than
$30,000,000 in each such fiscal year, and such amounts shall
remain available until expended.
‘‘(2) U
SE OF FUNDS
.—The Attorney General, in coordination
with the Secretary of Health and Human Services, shall use
amounts transferred to the Fund under paragraph (1) to award
grants that may be used for the provision of health care or
medical items or services to victims of trafficking under—
‘‘(A) sections 202, 203, and 204 of the Trafficking Vic-
tims 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)).
‘‘(3) G
RANTS
.—Of the amounts in the Fund used under
paragraph (1), not less than $2,000,000, if such amounts are
available in the Fund during the relevant fiscal year, 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)).
‘‘(4) A
PPLICATION OF PROVISION
.—The application of the
provisions of section 221(c) of the Medicare Access and CHIP
Reauthorization Act of 2015 shall continue to apply to the
amounts transferred pursuant to paragraph (1).’’.
(b) T
ECHNICAL AND
C
ONFORMING
A
MENDMENT
.—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. 102. CLARIFYING THE BENEFITS AND PROTECTIONS OFFERED
TO DOMESTIC VICTIMS OF HUMAN TRAFFICKING.
Section 107(b)(1) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7105(b)(1)) is amended—
(1) by redesignating subparagraphs (F) and (G) as subpara-
graphs (G) and (H), respectively;
(2) by inserting after subparagraph (E) the following:
‘‘(F) N
O REQUIREMENT OF OFFICIAL CERTIFICATION FOR
UNITED STATES CITIZENS AND LAWFUL PERMANENT RESI
-
DENTS
.—Nothing in this section may be construed to
require United States citizens or lawful permanent resi-
dents who are victims of severe forms of trafficking to
obtain an official certification from the Secretary of Health
and Human Services in order to access any of the special-
ized services described in this subsection or any other
Federal benefits and protections to which they are other-
wise entitled.’’; and
(3) in subparagraph (H), as redesignated, by striking
‘‘subparagraph (F)’’ and inserting ‘‘subparagraph (G)’’.
18 USC
prec. 3001.
Children and
youth.
Pornography.
Coordination.
Grants.
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129 STAT. 231 PUBLIC LAW 114–22—MAY 29, 2015
SEC. 103. VICTIM-CENTERED CHILD HUMAN TRAFFICKING DETER-
RENCE BLOCK GRANT PROGRAM.
(a) I
N
G
ENERAL
.—Section 203 of the Trafficking Victims Protec-
tion Reauthorization Act of 2005 (42 U.S.C. 14044b) is amended
to read as follows:
‘‘SEC. 203. VICTIM-CENTERED CHILD HUMAN TRAFFICKING DETER-
RENCE BLOCK GRANT PROGRAM.
‘‘(a) G
RANTS
A
UTHORIZED
.—The Attorney General may award
block grants to an eligible entity to develop, improve, or expand
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) A
UTHORIZED
A
CTIVITIES
.—Grants awarded under sub-
section (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 per-
sonnel, prosecutors, and judicial personnel to—
‘‘(A) identify victims and acts of child human traf-
ficking;
‘‘(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 traf-
ficking, 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; and
‘‘(E) utilize, implement, and provide education on safe
harbor laws enacted by States, aimed at preventing the
criminalization and prosecution of child sex trafficking vic-
tims for prostitution offenses, and other laws aimed at
the investigation and prosecution of child human traf-
ficking;
‘‘(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;
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129 STAT. 232 PUBLIC LAW 114–22—MAY 29, 2015
‘‘(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;
‘‘(D) the establishment of child human trafficking
victim witness safety, assistance, and relocation programs
that encourage cooperation with law enforcement investiga-
tions 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) nongovernmental organizations and shelter
service providers with substantial experience in deliv-
ering wrap-around services to victims of child human
trafficking; and
‘‘(E) the establishment or enhancement of other nec-
essary victim assistance programs or personnel, such as
victim or child advocates, child-protective services, child
forensic interviews, or other necessary service providers;
‘‘(3) activities of law enforcement agencies to find homeless
and runaway youth, including salaries and associated expenses
for retired Federal law enforcement officers assisting the law
enforcement agencies in finding homeless and runaway youth;
and
‘‘(4) 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, including case worker or child welfare
supervision in collaboration with judicial officers, 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 individual-
ized, 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
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129 STAT. 233 PUBLIC LAW 114–22—MAY 29, 2015
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 nongovernmental
organizations with substantial experience in delivering
wrap-around services to victims of child human trafficking
to provide services to victims and encourage cooperation
with law enforcement.
‘‘(c) A
PPLICATION
.—
‘‘(1) I
N 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) R
EQUIRED 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;
‘‘(C) provide such additional information and assur-
ances as the Attorney General determines to be necessary
to ensure compliance with the requirements of this section;
and
‘‘(D) disclose—
‘‘(i) any other grant funding from the Department
of Justice or from any other Federal department or
agency for purposes similar to those described in sub-
section (b) for which the eligible entity has applied,
and which application is pending on the date of the
submission of an application under this section; and
‘‘(ii) any other such grant funding that the eligible
entity has received during the 5-year period ending
on the date of the submission of an application under
this section.
‘‘(3) P
REFERENCE
.—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.
‘‘(4) E
LIGIBLE ENTITIES SOLICITING DATA ON CHILD HUMAN
TRAFFICKING
.—No eligible entity shall be disadvantaged in
being awarded a grant under subsection (a) on the grounds
that the eligible entity has only recently begun soliciting data
on child human trafficking.
‘‘(d) D
URATION AND
R
ENEWAL OF
A
WARD
.—
Time period.
Plans.
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129 STAT. 234 PUBLIC LAW 114–22—MAY 29, 2015
‘‘(1) I
N GENERAL
.—A grant under this section shall expire
3 years after the date of award of the grant.
‘‘(2) R
ENEWAL
.—A grant under this section shall be renew-
able not more than 2 times and for a period of not greater
than 2 years.
‘‘(e) E
VALUATION
.—The Attorney General shall—
‘‘(1) enter into a contract with a nongovernmental organiza-
tion, including an academic or nonprofit organization, that has
experience with issues related to child human trafficking and
evaluation of grant programs to conduct periodic evaluations
of grants made under this section to determine the impact
and effectiveness of programs funded with grants awarded
under this section;
‘‘(2) instruct the Inspector General of the Department of
Justice to review evaluations issued under paragraph (1) to
determine the methodological and statistical validity of the
evaluations; and
‘‘(3) submit the results of any evaluation conducted pursu-
ant to paragraph (1) to—
‘‘(A) the Committee on the Judiciary of the Senate;
and
‘‘(B) the Committee on the Judiciary of the House
of Representatives.
‘‘(f) M
ANDATORY
E
XCLUSION
.—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) C
OMPLIANCE
R
EQUIREMENT
.—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) A
DMINISTRATIVE
C
AP
.—The cost of administering the grants
authorized by this section shall not exceed 5 percent of the total
amount expended to carry out this section.
‘‘(i) F
EDERAL
S
HARE
.—The Federal share of the cost of a pro-
gram 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, and in all subsequent
years.
‘‘(j) A
UTHORIZATION OF
F
UNDING
; F
ULLY
O
FFSET
.—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 2016 through
2020.
‘‘(k) D
EFINITIONS
.—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.);
Consultation.
Time period.
Time period.
Contracts.
Time period.
Expiration date.
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129 STAT. 235 PUBLIC LAW 114–22—MAY 29, 2015
‘‘(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 facili-
ties;
‘‘(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 serv-
ices 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; and
‘‘(D) 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) G
RANT
A
CCOUNTABILITY
; S
PECIALIZED
V
ICTIMS
’ S
ERVICE
R
EQUIREMENT
.—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 traf-
ficking or related populations (such as runaway and homeless
youth), or employs staff specialized in the treatment of human
trafficking victims.’’.
(b) T
ABLE OF
C
ONTENTS
.—The table of contents in section 1(b)
of the Trafficking Victims Protection Reauthorization Act of 2005
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129 STAT. 236 PUBLIC LAW 114–22—MAY 29, 2015
(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 pro-
gram.’’.
SEC. 104. 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) D
IRECT
S
ERVICES FOR
V
ICTIMS OF
C
HILD
P
ORNOGRAPHY
.—
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. 105. INCREASING COMPENSATION AND RESTITUTION FOR TRAF-
FICKING VICTIMS.
(a) A
MENDMENTS TO
T
ITLE
18.—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’’; and
(ii) by inserting ‘‘, and any property traceable to
such property’’ after ‘‘such violation’’; and
(B) in paragraph (2), by inserting ‘‘, or any property
traceable to such property’’ after ‘‘such violation’’;
(2) in subsection (e)(1)(A)—
(A) by striking ‘‘used or’’ and inserting ‘‘involved in,
used, or’’; and
(B) by inserting ‘‘, and any property traceable to such
property’’ after ‘‘any violation of this chapter’’;
(3) by redesignating subsection (f) as subsection (g); and
(4) by inserting after subsection (e) the following:
‘‘(f) T
RANSFER OF
F
ORFEITED
A
SSETS
.—
‘‘(1) I
N GENERAL
.—Notwithstanding any other provision of
law, the Attorney General shall transfer assets forfeited pursu-
ant to this section, or the proceeds derived from the sale thereof,
to satisfy victim restitution orders arising from violations of
this chapter.
‘‘(2) P
RIORITY
.—Transfers pursuant to paragraph (1) shall
have priority over any other claims to the assets or their
proceeds.
‘‘(3) U
SE OF NONFORFEITED ASSETS
.—Transfers pursuant
to paragraph (1) shall not reduce or otherwise mitigate the
obligation of a person convicted of a violation of this chapter
to satisfy the full amount of a restitution order through the
use of non-forfeited assets or to reimburse the Attorney General
for the value of assets or proceeds transferred under this sub-
section through the use of nonforfeited assets.’’.
Coordination.
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129 STAT. 237 PUBLIC LAW 114–22—MAY 29, 2015
(b) A
MENDMENT TO
T
ITLE
28.—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) A
MENDMENTS TO
T
ITLE
31.—
(1) I
N GENERAL
.—Chapter 97 of title 31, United States
Code, is amended—
(A) by redesignating section 9703 (as added by section
638(b)(1) of the Treasury, Postal Service, and General
Government Appropriations Act, 1993 (Public Law 102–
393; 106 Stat. 1779)) as section 9705; and
(B) in section 9705(a), as redesignated—
(i) in paragraph (1)—
(I) in subparagraph (I)—
(aa) by striking ‘‘payment’’ and inserting
‘‘Payment’’; and
(bb) by striking the semicolon at the end
and inserting a period; and
(II) in subparagraph (J), by striking ‘‘payment’’
and inserting ‘‘Payment’’; and
(ii) in paragraph (2)—
(I) in subparagraph (B)—
(aa) in clause (iii)—
(AA) in subclause (I), by striking ‘‘or’’
and inserting ‘‘of’’; and
(BB) in subclause (III), by striking
‘‘and’’ at the end;
(bb) in clause (iv), by striking the period
at the end and inserting ‘‘; and’’; and
(cc) by inserting after clause (iv) the fol-
lowing:
‘‘(v) United States Immigration and Customs
Enforcement with respect to a violation of chapter
77 of title 18 (relating to human trafficking);’’;
(II) in subparagraph (G), by adding ‘‘and’’ at
the end; and
(III) in subparagraph (H), by striking ‘‘; and’’
and inserting a period.
(2) T
ECHNICAL AND CONFORMING AMENDMENTS
.—
(A) C
ROSS REFERENCES
.—
(i) T
ITLE 28
.—Section 524(c) of title 28, United
States Code, is amended—
(I) in paragraph (4)(C), by striking ‘‘section
9703(g)(4)(A)(ii)’’ and inserting ‘‘section
9705(g)(4)(A)’’;
(II) in paragraph (10), by striking ‘‘section
9703(p)’’ and inserting ‘‘section 9705(o)’’; and
(III) in paragraph (11), by striking ‘‘section
9703’’ and inserting ‘‘section 9705’’.
(ii) T
ITLE 31
.—Title 31, United States Code, is
amended—
(I) in section 312(d), by striking ‘‘section 9703’’
and inserting ‘‘section 9705’’; and
(II) in section 5340(1), by striking ‘‘section
9703(p)(1)’’ and inserting ‘‘section 9705(o)’’.
(iii) T
ITLE 39
.—Section 2003(e)(1) of title 39, United
States Code, is amended by striking ‘‘section 9703(p)’’
and inserting ‘‘section 9705(o)’’.
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129 STAT. 238 PUBLIC LAW 114–22—MAY 29, 2015
(B) T
ABLE OF SECTIONS
.—The table of sections for
chapter 97 of title 31, United States Code, is amended
to read as follows:
‘‘9701. Fees and charges for Government services and things of value.
‘‘9702. Investment of trust funds.
‘‘9703. Managerial accountability and flexibility.
‘‘9704. Pilot projects for managerial accountability and flexibility.
‘‘9705. Department of the Treasury Forfeiture Fund.’’.
SEC. 106. STREAMLINING HUMAN TRAFFICKING INVESTIGATIONS.
Section 2516 of title 18, United States Code, is amended—
(1) in paragraph (1)—
(A) in subparagraph (a), by inserting a comma after
‘‘weapons)’’;
(B) in subparagraph (c)—
(i) by inserting ‘‘section 1581 (peonage), section
1584 (involuntary servitude), section 1589 (forced
labor), section 1590 (trafficking with respect to peon-
age, slavery, involuntary servitude, or forced labor),’’
before ‘‘section 1591’’;
(ii) by inserting ‘‘section 1592 (unlawful conduct
with respect to documents in furtherance of trafficking,
peonage, slavery, involuntary servitude, or forced
labor),’’ before ‘‘section 1751’’;
(iii) by inserting a comma after ‘‘virus)’’;
(iv) by striking ‘‘,, section’’ and inserting a comma;
(v) by striking ‘‘or’’ after ‘‘misuse of passports),’’;
and
(vi) by inserting ‘‘or’’ before ‘‘section 555’’;
(C) in subparagraph (j), by striking ‘‘pipeline,)’’ and
inserting ‘‘pipeline),’’; and
(D) in subparagraph (p), by striking ‘‘documents, sec-
tion 1028A (relating to aggravated identity theft))’’ and
inserting ‘‘documents), section 1028A (relating to aggra-
vated identity theft)’’; and
(2) in paragraph (2), by inserting ‘‘human trafficking, child
sexual exploitation, child pornography production,’’ after ‘‘kid-
napping’’.
SEC. 107. ENHANCING HUMAN TRAFFICKING REPORTING.
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) P
ART
1 V
IOLENT
C
RIMES
T
O
I
NCLUDE
H
UMAN
T
RAF
-
FICKING
.—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)).’’.
SEC. 108. REDUCING DEMAND FOR SEX TRAFFICKING.
(a) I
N
G
ENERAL
.—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
31 USC
prec. 9701.
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129 STAT. 239 PUBLIC LAW 114–22—MAY 29, 2015
(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 ‘‘, main-
tained, patronized, or solicited’’; and
(B) by striking ‘‘knew that the person’’ and inserting
‘‘knew, or recklessly disregarded the fact, that the person’’.
(b) D
EFINITION
A
MENDED
.—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’’.
(c) P
URPOSE
.—The purpose of the amendments made by this
section is to clarify the range of conduct punished as sex trafficking.
SEC. 109. SENSE OF CONGRESS.
It is the sense of Congress that—
(1) section 1591 of title 18, United States Code, defines
a sex trafficker as a person who ‘‘knowingly. . .recruits, entices,
harbors, transports, provides, obtains, or maintains by any
means a person. . .knowing, or in reckless disregard of the
fact, that means of force, threats of force, fraud, coercion. . .or
any combination of such means will be used to cause the
person to engage in a commercial sex act, or that the person
has not attained the age of 18 years and will be caused to
engage in a commercial sex act’’;
(2) while use of the word ‘‘obtains’’ in section 1591, United
States Code, has been interpreted, prior to the date of enact-
ment of this Act, to encompass those who purchase illicit sexual
acts from trafficking victims, some confusion persists;
(3) in United States vs. Jungers, 702 F.3d 1066 (8th Cir.
2013), the United States Court of Appeals for the Eighth Circuit
ruled that section 1591 of title 18, United States Code, applied
to persons who purchase illicit sexual acts with trafficking
victims after the United States District Court for the District
of South Dakota erroneously granted motions to acquit these
buyers in two separate cases; and
(4) section 108 of this title amends section 1591 of title
18, United States Code, to add the words ‘‘solicits or patronizes’’
to the sex trafficking statute making absolutely clear for judges,
juries, prosecutors, and law enforcement officials that criminals
who purchase sexual acts from human trafficking victims may
be arrested, prosecuted, and convicted as sex trafficking
offenders when this is merited by the facts of a particular
case.
SEC. 110. USING EXISTING TASK FORCES AND COMPONENTS TO TAR-
GET OFFENDERS WHO EXPLOIT CHILDREN.
Not later than 180 days after the date of enactment of this
Act, the Attorney General shall ensure that—
(1) all task forces and working groups within the Innocence
Lost National Initiative engage in activities, programs, or oper-
ations 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; and
(2) all components and task forces with jurisdiction to
detect, investigate, and prosecute cases of child labor trafficking
engage in activities, programs, or operations to increase the
Deadline.
42 USC 14044g
note.
18 USC 1591
note.
18 USC 1591
note.
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129 STAT. 240 PUBLIC LAW 114–22—MAY 29, 2015
capacity of such components to deter and punish child labor
trafficking.
SEC. 111. TARGETING CHILD PREDATORS.
(a) C
LARIFYING
T
HAT
C
HILD
P
ORNOGRAPHY
P
RODUCERS
A
RE
H
UMAN
T
RAFFICKERS
.—Section 2423(f) of title 18, United States
Code, is amended—
(1) by striking ‘‘means (1) a’’ and inserting the following:
‘‘means—
‘‘(1) a’’;
(2) by striking ‘‘United States; or (2) any’’ and inserting
the following: ‘‘United States;
‘‘(2) any’’; and
(3) by striking the period at the end and inserting the
following: ‘‘; or
‘‘(3) production of child pornography (as defined in section
2256(8)).’’.
(b) H
OLDING
S
EX
T
RAFFICKERS
A
CCOUNTABLE
.—Section 2423(g)
of title 18, United States Code, is amended by striking ‘‘a preponder-
ance of the evidence’’ and inserting ‘‘clear and convincing evidence’’.
SEC. 112. MONITORING ALL HUMAN TRAFFICKERS AS VIOLENT CRIMI-
NALS.
Section 3156(a)(4)(C) of title 18, United States Code, is amended
by inserting ‘‘77,’’ after ‘‘chapter’’.
SEC. 113. CRIME VICTIMS’ RIGHTS.
(a) I
N
G
ENERAL
.—Section 3771 of title 18, United States Code,
is amended—
(1) in subsection (a), by adding at the end the following:
‘‘(9) The right to be informed in a timely manner of any
plea bargain or deferred prosecution agreement.
‘‘(10) The right to be informed of the rights under this
section and the services described in section 503(c) of the Vic-
tims’ Rights and Restitution Act of 1990 (42 U.S.C. 10607(c))
and provided contact information for the Office of the Victims’
Rights Ombudsman of the Department of Justice.’’;
(2) in subsection (d)(3), in the fifth sentence, by inserting
‘‘, unless the litigants, with the approval of the court, have
stipulated to a different time period for consideration’’ before
the period; and
(3) in subsection (e)—
(A) by striking ‘‘this chapter, the term’’ and inserting
the following: ‘‘this chapter:
‘‘(1) C
OURT OF APPEALS
.—The term ‘court of appeals’
means—
‘‘(A) the United States court of appeals for the judicial
district in which a defendant is being prosecuted; or
‘‘(B) for a prosecution in the Superior Court of the
District of Columbia, the District of Columbia Court of
Appeals.
‘‘(2) C
RIME VICTIM
.—
‘‘(A) I
N GENERAL
.—The term’’;
(B) by striking ‘‘In the case’’ and inserting the fol-
lowing:
‘‘(B) M
INORS AND CERTAIN OTHER VICTIMS
.—In the
case’’; and
(C) by adding at the end the following:
Definition.
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129 STAT. 241 PUBLIC LAW 114–22—MAY 29, 2015
‘‘(3) D
ISTRICT COURT
;
COURT
.—The terms ‘district court’
and ‘court’ include the Superior Court of the District of
Columbia.’’.
(b) C
RIME
V
ICTIMS
F
UND
.—Section 1402(d)(3)(A)(i) of the Vic-
tims of Crime Act of 1984 (42 U.S.C. 10601(d)(3)(A)(i)) is amended
by inserting ‘‘section’’ before ‘‘3771’’.
(c) A
PPELLATE
R
EVIEW OF
P
ETITIONS
R
ELATING TO
C
RIME
V
IC
-
TIMS
’ R
IGHTS
.—
(1) I
N GENERAL
.—Section 3771(d)(3) of title 18, United
States Code, as amended by subsection (a)(2) of this section,
is amended by inserting after the fifth sentence the following:
‘‘In deciding such application, the court of appeals shall apply
ordinary standards of appellate review.’’.
(2) A
PPLICATION
.—The amendment made by paragraph (1)
shall apply with respect to any petition for a writ of mandamus
filed under section 3771(d)(3) of title 18, United States Code,
that is pending on the date of enactment of this Act.
SEC. 114. COMBAT HUMAN TRAFFICKING ACT.
(a) S
HORT
T
ITLE
.—This section may be cited as the ‘‘Combat
Human Trafficking Act of 2015’’.
(b) D
EFINITIONS
.—In this section:
(1) C
OMMERCIAL SEX ACT
;
SEVERE FORMS OF TRAFFICKING
IN PERSONS
;
STATE
;
TASK FORCE
.—The terms ‘‘commercial sex
act’’, ‘‘severe forms of trafficking in persons’’, ‘‘State’’, and ‘‘Task
Force’’ have the meanings given those terms in section 103
of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102).
(2) C
OVERED OFFENDER
.—The term ‘‘covered offender’’
means an individual who obtains, patronizes, or solicits a
commercial sex act involving a person subject to severe forms
of trafficking in persons.
(3) C
OVERED OFFENSE
.—The term ‘‘covered offense’’ means
the provision, obtaining, patronizing, or soliciting of a commer-
cial sex act involving a person subject to severe forms of traf-
ficking in persons.
(4) F
EDERAL LAW ENFORCEMENT OFFICER
.—The term ‘‘Fed-
eral law enforcement officer’’ has the meaning given the term
in section 115 of title 18, United States Code.
(5) L
OCAL LAW ENFORCEMENT OFFICER
.—The term ‘‘local
law enforcement officer’’ means any officer, agent, or employee
of a unit of local government authorized by law or by a local
government agency to engage in or supervise the prevention,
detection, investigation, or prosecution of any violation of
criminal law.
(6) S
TATE LAW ENFORCEMENT OFFICER
.—The term ‘‘State
law enforcement officer’’ means any officer, agent, or employee
of a State authorized by law or by a State government agency
to engage in or supervise the prevention, detection, investiga-
tion, or prosecution of any violation of criminal law.
(c) D
EPARTMENT OF
J
USTICE
T
RAINING AND
P
OLICY FOR
L
AW
E
NFORCEMENT
O
FFICERS
, P
ROSECUTORS
,
AND
J
UDGES
.—
(1) T
RAINING
.—
(A) L
AW ENFORCEMENT OFFICERS
.—The Attorney Gen-
eral shall ensure that each anti-human trafficking program
operated by the Department of Justice, including each anti-
human trafficking training program for Federal, State, or
Combat Human
Trafficking Act
of 2015.
42 USC 14044g.
18 USC 3771
note.
Applicability.
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129 STAT. 242 PUBLIC LAW 114–22—MAY 29, 2015
local law enforcement officers, includes technical training
on—
(i) effective methods for investigating and pros-
ecuting covered offenders; and
(ii) facilitating the provision of physical and mental
health services by health care providers to persons
subject to severe forms of trafficking in persons.
(B) F
EDERAL PROSECUTORS
.—The Attorney General
shall ensure that each anti-human trafficking program
operated by the Department of Justice for United States
attorneys or other Federal prosecutors includes training
on seeking restitution for offenses under chapter 77 of
title 18, United States Code, to ensure that each United
States attorney or other Federal prosecutor, upon obtaining
a conviction for such an offense, requests a specific amount
of restitution for each victim of the offense without regard
to whether the victim requests restitution.
(C) J
UDGES
.—The Federal Judicial Center shall provide
training to judges relating to the application of section
1593 of title 18, United States Code, with respect to
ordering restitution for victims of offenses under chapter
77 of such title.
(2) P
OLICY FOR FEDERAL LAW ENFORCEMENT OFFICERS
.—
The Attorney General shall ensure that Federal law enforce-
ment officers are engaged in activities, programs, or operations
involving the detection, investigation, and prosecution of cov-
ered offenders.
(d) M
INIMUM
P
ERIOD OF
S
UPERVISED
R
ELEASE FOR
C
ONSPIRACY
T
O
C
OMMIT
C
OMMERCIAL
C
HILD
S
EX
T
RAFFICKING
.—Section 3583(k)
of title 18, United States Code, is amended by inserting ‘‘1594(c),’’
after ‘‘1591,’’.
(e) B
UREAU OF
J
USTICE
S
TATISTICS
R
EPORT ON
S
TATE
E
NFORCE
-
MENT OF
H
UMAN
T
RAFFICKING
P
ROHIBITIONS
.—The Director of the
Bureau of Justice Statistics shall—
(1) prepare an annual report on—
(A) the rates of—
(i) arrest of individuals by State law enforcement
officers for a covered offense;
(ii) prosecution (including specific charges) of
individuals in State court systems for a covered offense;
and
(iii) conviction of individuals in State court systems
for a covered offense; and
(B) sentences imposed on individuals convicted in State
court systems for a covered offense; and
(2) submit the annual report prepared under paragraph
(1) to—
(A) the Committee on the Judiciary of the House of
Representatives;
(B) the Committee on the Judiciary of the Senate;
(C) the Task Force;
(D) the Senior Policy Operating Group established
under section 105(g) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7103(g)); and
(E) the Attorney General.
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129 STAT. 243 PUBLIC LAW 114–22—MAY 29, 2015
SEC. 115. SURVIVORS OF HUMAN TRAFFICKING EMPOWERMENT ACT.
(a) S
HORT
T
ITLE
.—This section may be cited as the ‘‘Survivors
of Human Trafficking Empowerment Act’’.
(b) E
STABLISHMENT
.—There is established the United States
Advisory Council on Human Trafficking (referred to in this section
as the ‘‘Council’’), which shall provide advice and recommendations
to the Senior Policy Operating Group established under section
105(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7103(g)) (referred to in this section as the ‘‘Group’’) and the Presi-
dent’s Interagency Task Force to Monitor and Combat Trafficking
established under section 105(a) of such Act (referred to in this
section as the ‘‘Task Force’’).
(c) M
EMBERSHIP
.—
(1) C
OMPOSITION
.—The Council shall be composed of not
less than 8 and not more than 14 individuals who are survivors
of human trafficking.
(2) R
EPRESENTATION OF SURVIVORS
.—To the extent prac-
ticable, members of the Council shall be survivors of trafficking,
who shall accurately reflect the diverse backgrounds of sur-
vivors of trafficking, including—
(A) survivors of sex trafficking and survivors of labor
trafficking; and
(B) survivors who are United States citizens and sur-
vivors who are aliens lawfully present in the United States.
(3) A
PPOINTMENT
.—Not later than 180 days after the date
of enactment of this Act, the President shall appoint the mem-
bers of the Council.
(4) T
ERM
;
REAPPOINTMENT
.—Each member of the Council
shall serve for a term of 2 years and may be reappointed
by the President to serve 1 additional 2-year term.
(d) F
UNCTIONS
.—The Council shall—
(1) be a nongovernmental advisory body to the Group;
(2) meet, at its own discretion or at the request of the
Group, not less frequently than annually to review Federal
Government policy and programs intended to combat human
trafficking, including programs relating to the provision of serv-
ices for victims and serve as a point of contact for Federal
agencies reaching out to human trafficking survivors for input
on programming and policies relating to human trafficking
in the United States;
(3) formulate assessments and recommendations to ensure
that policy and programming efforts of the Federal Government
conform, to the extent practicable, to the best practices in
the field of human trafficking prevention; and
(4) meet with the Group not less frequently than annually,
and not later than 45 days before a meeting with the Task
Force, to formally present the findings and recommendations
of the Council.
(e) R
EPORTS
.—Not later than 1 year after the date of enactment
of this Act and each year thereafter until the date described in
subsection (h), the Council shall submit a report that contains
the findings derived from the reviews conducted pursuant to sub-
section (d)(2) to—
(1) the chair of the Task Force;
(2) the members of the Group;
Deadline.
President.
Survivors of
Human
Trafficking
Empowerment
Act.
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129 STAT. 244 PUBLIC LAW 114–22—MAY 29, 2015
(3) the Committees on Foreign Affairs, Homeland Security,
Appropriations, and the Judiciary of the House of Representa-
tives; and
(4) the Committees on Foreign Relations, Appropriations,
Homeland Security and Governmental Affairs, and the
Judiciary of the Senate.
(f) E
MPLOYEE
S
TATUS
.—Members of the Council—
(1) shall not be considered employees of the Federal Govern-
ment for any purpose; and
(2) shall not receive compensation other than reimburse-
ment of travel expenses and per diem allowance in accordance
with section 5703 of title 5, United States Code.
(g) N
ONAPPLICABILITY OF
FACA.—The Council shall not be
subject to the requirements under the Federal Advisory Committee
Act (5 U.S.C. App.).
(h) S
UNSET
.—The Council shall terminate on September 30,
2020.
SEC. 116. BRINGING MISSING CHILDREN HOME ACT.
(a) S
HORT
T
ITLE
.—This section may be cited as the ‘‘Bringing
Missing Children Home Act’’.
(b) C
RIME
C
ONTROL
A
CT
A
MENDMENTS
.—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;
(2) in paragraph (3)—
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(B) by inserting after subparagraph (A) the following:
‘‘(B) a recent photograph of the child, if available;’’;
and
(3) in paragraph (4)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘paragraph (2)’’ and inserting ‘‘paragraph (3)’’;
(B) in subparagraph (A)—
(i) by striking ‘‘60 days’’ and inserting ‘‘30 days’’;
and
(ii) by inserting ‘‘and a photograph taken during
the previous 180 days’’ after ‘‘dental records’’;
(C) in subparagraph (B), by striking ‘‘and’’ at the end;
(D) by redesignating subparagraph (C) as subpara-
graph (D);
(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;’’;
(F) in subparagraph (D), as redesignated—
(i) by inserting ‘‘State and local child welfare sys-
tems and’’ before ‘‘the National Center for Missing
and Exploited Children’’; and
(ii) by striking the period at the end and inserting
‘‘; and’’; and
(G) by adding at the end the following:
‘‘(E) grant permission to the National Crime Informa-
tion Center Terminal Contractor for the State to update
the missing person record in the National Crime Informa-
tion Center computer networks with additional information
Notification.
42 USC 5601
note.
Bringing Missing
Children Home
Act.
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129 STAT. 245 PUBLIC LAW 114–22—MAY 29, 2015
learned during the investigation relating to the missing
person.’’.
SEC. 117. GRANT ACCOUNTABILITY.
(a) D
EFINITION
.—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 of
2005 (42 U.S.C. 14044b), as amended by section 103.
(b) A
CCOUNTABILITY
.—All covered grants shall be subject to
the following accountability provisions:
(1) A
UDIT REQUIREMENT
.—
(A) I
N GENERAL
.—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 a covered grant 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.
(B) D
EFINITION
.—In this paragraph, the term ‘‘unre-
solved audit finding’’ means a finding in the final audit
report of the Inspector General that the audited grantee
has utilized grant funds for an unauthorized expenditure
or otherwise unallowable cost that is not closed or resolved
within 12 months from the date when the final audit report
is issued.
(C) M
ANDATORY 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 following 2 fiscal years.
(D) P
RIORITY
.—In awarding covered grants the
Attorney General shall give priority to eligible entities
that did not have an unresolved audit finding during the
3 fiscal years prior to submitting an application for a
covered grant.
(E) R
EIMBURSEMENT
.—If an entity is awarded a cov-
ered grant during the 2-fiscal-year period in which the
entity is barred from receiving grants under subparagraph
(C), the Attorney General shall—
(i) deposit an amount equal to 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) N
ONPROFIT ORGANIZATION REQUIREMENTS
.—
(A) D
EFINITION
.—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) P
ROHIBITION
.—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.
Determination.
Effective date.
Time periods.
42 USC
14044b–1.
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129 STAT. 246 PUBLIC LAW 114–22—MAY 29, 2015
(C) D
ISCLOSURE
.—Each nonprofit organization that is
awarded a covered grant and uses the procedures pre-
scribed in regulations to create a rebuttable presumption
of reasonableness for the compensation of its officers, direc-
tors, 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 subsection available
for public inspection.
(3) C
ONFERENCE EXPENDITURES
.—
(A) L
IMITATION
.—No amounts transferred to the
Department of Justice under this title, or the amendments
made by this title, may be used by the Attorney General,
or by any individual or organization awarded discretionary
funds through a cooperative agreement under this title,
or the amendments made by this title, to host or support
any expenditure for conferences that uses more than
$20,000 in Department funds, unless the Deputy Attorney
General or such Assistant Attorney Generals, Directors,
or principal deputies as the Deputy Attorney General may
designate, provides prior written authorization that the
funds may be expended to host a conference.
(B) W
RITTEN APPROVAL
.—Written approval under
subparagraph (A) shall include a written estimate of all
costs associated with the conference, including the cost
of all food and beverages, audiovisual equipment, honoraria
for speakers, and any entertainment.
(C) R
EPORT
.—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 approved conference
expenditures referenced in this paragraph.
(D) A
NNUAL CERTIFICATION
.—Beginning in the first
fiscal year beginning after the date of enactment of this
title, 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 Rep-
resentatives, an annual certification that—
(i) all audits issued by the Office of the Inspector
General under paragraph (1) have been completed and
reviewed by the appropriate Assistant Attorney Gen-
eral or Director;
(ii) all mandatory exclusions required under para-
graph (1)(C) have been issued;
(iii) all reimbursements required under paragraph
(1)(E) have been made; and
(iv) includes a list of any grant recipients excluded
under paragraph (1) from the previous year.
(4) P
ROHIBITION ON LOBBYING ACTIVITY
.—
(A) I
N GENERAL
.—Amounts awarded under this title,
or any amendments made by this title, may not be utilized
by any grant recipient to—
Effective date.
Cost estimate.
Public
information.
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129 STAT. 247 PUBLIC LAW 114–22—MAY 29, 2015
(i) lobby any representative of the Department of
Justice regarding the award of grant funding; or
(ii) lobby any representative of a Federal, State,
local, or tribal government regarding the award of
grant funding.
(B) P
ENALTY
.—If the Attorney General determines that
any recipient of a covered grant has violated subparagraph
(A), the Attorney General shall—
(i) require the grant recipient to repay the grant
in full; and
(ii) prohibit the grant recipient from receiving
another covered grant for not less than 5 years.
SEC. 118. SAVE ACT.
(a) S
HORT
T
ITLE
.—This section may be cited as the ‘‘Stop Adver-
tising Victims of Exploitation Act of 2015’’ or the ‘‘SAVE Act of
2015’’.
(b) A
DVERTISING
T
HAT
O
FFERS
C
ERTAIN
C
OMMERCIAL
A
CTS
.—
(1) I
N GENERAL
.—Section 1591(a)(1) of title 18, United
States Code, as amended by this Act, is further amended by
inserting ‘‘advertises,’’ after ‘‘obtains,’’.
(2) M
ENS REA REQUIREMENT
.—Section 1591(a) of title 18,
United States Code, is amended in the undesignated matter
following paragraph (2), by inserting ‘‘, except where the act
constituting the violation of paragraph (1) is advertising,’’ after
‘‘knowing, or’’.
(3) C
ONFORMING AMENDMENTS
.—Section 1591(b) of title 18,
United States Code, as amended by this Act, is further
amended—
(A) in paragraph (1), by inserting ‘‘advertised,’’ after
‘‘obtained,’’; and
(B) in paragraph (2), by inserting ‘‘advertised,’’ after
‘‘obtained,’’.
SEC. 119. EDUCATION AND OUTREACH TO TRAFFICKING SURVIVORS.
The Attorney General shall make available, on the website
of the Office of Juvenile Justice and Delinquency Prevention, a
database for trafficking victim advocates, crisis hotline personnel,
foster parents, law enforcement personnel, and crime survivors
that contains information on—
(1) counseling and hotline resources;
(2) housing resources;
(3) legal assistance; and
(4) other services for trafficking survivors.
SEC. 120. EXPANDED STATUTE OF LIMITATIONS FOR CIVIL ACTIONS
BY CHILD TRAFFICKING SURVIVORS.
Section 1595(c) of title 18, United States Code, is amended
by striking ‘‘not later than 10 years after the cause of action
arose.’’ and inserting ‘‘not later than the later of—
‘‘(1) 10 years after the cause of action arose; or
‘‘(2) 10 years after the victim reaches 18 years of age,
if the victim was a minor at the time of the alleged offense.’’.
SEC. 121. GAO STUDY AND REPORT.
(a) S
TUDY
.—The Comptroller General of the United States shall
conduct a study on each program or initiative authorized under
Web posting.
42 USC 5611
note.
18 USC 1 note.
Stop Advertising
Victims of
Exploitation Act
of 2015.
Time period.
Repayment.
Determination.
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129 STAT. 248 PUBLIC LAW 114–22—MAY 29, 2015
this Act and the following statutes and evaluate whether any pro-
gram or initiative is duplicative:
(1) Trafficking Victims Protection Reauthorization Act of
2005 (Public Law 109–164; 119 Stat. 3558).
(2) Trafficking Victims Protection Act of 2000 (22 U.S.C.
7101 et seq.).
(3) Victims of Child Abuse Act of 1990 (42 U.S.C. 13001
et seq.).
(4) Runaway and Homeless Youth Act (42 U.S.C. 5701
et seq.).
(5) Missing Children’s Assistance Act (42 U.S.C. 5771 et
seq.).
(b) R
EPORT
.—Not later than 180 days after the date of enact-
ment of this Act, the Comptroller General of the United States
shall submit to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of Representatives
a report on the study conducted under subsection (a), which shall
include—
(1) a description of the cost of any duplicative program
or initiative studied under subsection (a); and
(2) recommendations on how to achieve cost savings with
respect to each duplicative program or initiative studied under
subsection (a).
TITLE II—COMBATING HUMAN
TRAFFICKING
Subtitle A—Enhancing Services for Run-
away and Homeless Victims of Youth
Trafficking
SEC. 201. AMENDMENTS TO THE RUNAWAY AND HOMELESS YOUTH
ACT.
The Runaway and Homeless Youth Act (42 U.S.C. 5701 et
seq.) is amended—
(1) in section 343(b)(5) (42 U.S.C. 5714–23(b)(5))—
(A) in subparagraph (A) by inserting ‘‘, severe forms
of trafficking in persons (as defined in section 103(9) of
the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102(9))), and sex trafficking (as defined in section 103(10)
of such Act (22 U.S.C. 7102(10)))’’ before the semicolon
at the end;
(B) in subparagraph (B) by inserting ‘‘, severe forms
of trafficking in persons (as defined in section 103(9) of
the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102(9))), or sex trafficking (as defined in section 103(10)
of such Act (22 U.S.C. 7102(10)))’’ after ‘‘assault’’; and
(C) in subparagraph (C) by inserting ‘‘, including such
youth who are victims of trafficking (as defined in section
103(15) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7102(15)))’’ before the semicolon at the end;
and
(2) in section 351(a) (42 U.S.C. 5714–41(a)) by striking
‘‘or sexual exploitation’’ and inserting ‘‘sexual exploitation,
Recommenda-
tions.
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129 STAT. 249 PUBLIC LAW 114–22—MAY 29, 2015
severe forms of trafficking in persons (as defined in section
103(9) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102(9))), or sex trafficking (as defined in section 103(10)
of such Act (22 U.S.C. 7102(10)))’’.
Subtitle B—Improving the Response to
Victims of Child Sex Trafficking
SEC. 211. RESPONSE TO VICTIMS OF CHILD SEX TRAFFICKING.
Section 404(b)(1)(P)(iii) of the Missing Children’s Assistance
Act (42 U.S.C. 5773(b)(1)(P)(iii)) is amended by striking ‘‘child pros-
titution’’ and inserting ‘‘child sex trafficking, including child pros-
titution’’.
Subtitle C—Interagency Task Force to
Monitor and Combat Trafficking
SEC. 221. VICTIM OF TRAFFICKING DEFINED.
In this subtitle, the term ‘‘victim of trafficking’’ has the meaning
given such term in section 103 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102).
SEC. 222. INTERAGENCY TASK FORCE REPORT ON CHILD TRAFFICKING
PRIMARY PREVENTION.
(a) R
EVIEW
.—The Interagency Task Force to Monitor and Com-
bat Trafficking, established under section 105 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7103), shall conduct
a review that, with regard to trafficking in persons in the United
States—
(1) in consultation with nongovernmental organizations
that the Task Force determines appropriate, surveys and cata-
logs the activities of the Federal Government and State govern-
ments—
(A) to deter individuals from committing trafficking
offenses; and
(B) to prevent children from becoming victims of traf-
ficking;
(2) surveys academic literature on—
(A) deterring individuals from committing trafficking
offenses;
(B) preventing children from becoming victims of traf-
ficking;
(C) the commercial sexual exploitation of children; and
(D) other similar topics that the Task Force determines
to be appropriate;
(3) identifies best practices and effective strategies—
(A) to deter individuals from committing trafficking
offenses; and
(B) to prevent children from becoming victims of traf-
ficking; and
(4) identifies current gaps in research and data that would
be helpful in formulating effective strategies—
(A) to deter individuals from committing trafficking
offenses; and
Consultation.
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129 STAT. 250 PUBLIC LAW 114–22—MAY 29, 2015
(B) to prevent children from becoming victims of traf-
ficking.
(b) R
EPORT
.—Not later than 1 year after the date of the enact-
ment of this Act, the Interagency Task Force to Monitor and Combat
Trafficking shall provide to Congress, and make publicly available
in electronic format, a report on the review conducted pursuant
to subparagraph (a).
SEC. 223. GAO REPORT ON INTERVENTION.
On the date that is 1 year after the date of the enactment
of this Act, the Comptroller General of the United States shall
submit a report to Congress that includes information on—
(1) the efforts of Federal and select State law enforcement
agencies to combat human trafficking in the United States;
and
(2) each Federal grant program, a purpose of which is
to combat human trafficking or assist victims of trafficking,
as specified in an authorizing statute or in a guidance document
issued by the agency carrying out the grant program.
SEC. 224. PROVISION OF HOUSING PERMITTED TO PROTECT AND
ASSIST IN THE RECOVERY OF VICTIMS OF TRAFFICKING.
Section 107(b)(2)(A) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7105(b)(2)(A)) is amended by inserting ‘‘,
including programs that provide housing to victims of trafficking’’
before the period at the end.
Subtitle D—Expanded Training
SEC. 231. EXPANDED TRAINING RELATING TO TRAFFICKING IN PER-
SONS.
Section 105(c)(4) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7105(c)(4)) is amended—
(1) by striking ‘‘Appropriate personnel’’ and inserting the
following:
‘‘(A) I
N GENERAL
.—Appropriate personnel’’;
(2) in subparagraph (A), as redesignated, by inserting ‘‘,
including members of the Service (as such term is defined
in section 103 of the Foreign Service Act of 1980 (22 U.S.C.
3903))’’ after ‘‘Department of State’’; and
(3) by adding at the end the following:
‘‘(B) T
RAINING COMPONENTS
.—Training under this
paragraph shall include—
‘‘(i) a distance learning course on trafficking-in-
persons issues and the Department of State’s obliga-
tions under this Act, which shall be designed for
embassy reporting officers, regional bureaus’ traf-
ficking-in-persons coordinators, and their superiors;
‘‘(ii) specific trafficking-in-persons briefings for all
ambassadors and deputy chiefs of mission before such
individuals depart for their posts; and
‘‘(iii) at least annual reminders to all personnel
referred to in clauses (i) and (ii), including appropriate
personnel from other Federal departments and agen-
cies, at each diplomatic or consular post of the Depart-
ment of State located outside the United States of—
Public
information.
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129 STAT. 251 PUBLIC LAW 114–22—MAY 29, 2015
‘‘(I) key problems, threats, methods, and
warning signs of trafficking in persons specific to
the country or jurisdiction in which each such post
is located; and
‘‘(II) appropriate procedures to report informa-
tion that any such personnel may acquire about
possible cases of trafficking in persons.’’.
TITLE III—HERO ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Human Exploitation Rescue
Operations Act of 2015’’ or the ‘‘HERO Act of 2015’’.
SEC. 302. HERO ACT.
(a) F
INDINGS
.—Congress finds the following:
(1) The illegal market for the production and distribution
of child abuse imagery is a growing threat to children in the
United States. International demand for this material creates
a powerful incentive for the rape, abuse, and torture of children
within the United States.
(2) The targeting of United States children by international
criminal networks is a threat to the homeland security of
the United States. This threat must be fought with trained
personnel and highly specialized counter-child-exploitation
strategies and technologies.
(3) The United States Immigration and Customs Enforce-
ment of the Department of Homeland Security serves a critical
national security role in protecting the United States from
the growing international threat of child exploitation and
human trafficking.
(4) The Cyber Crimes Center of the United States Immigra-
tion and Customs Enforcement is a vital national resource
in the effort to combat international child exploitation, pro-
viding advanced expertise and assistance in investigations, com-
puter forensics, and victim identification.
(5) The returning military heroes of the United States
possess unique and valuable skills that can assist law enforce-
ment in combating global sexual and child exploitation, and
the Department of Homeland Security should use this national
resource to the maximum extent possible.
(6) Through the Human Exploitation Rescue Operative
(HERO) Child Rescue Corps program, the returning military
heroes of the United States are trained and hired to investigate
crimes of child exploitation in order to target predators and
rescue children from sexual abuse and slavery.
(b) C
YBER
C
RIMES
C
ENTER
, C
HILD
E
XPLOITATION
I
NVESTIGA
-
TIONS
U
NIT
,
AND
C
OMPUTER
F
ORENSICS
U
NIT
.—
(1) I
N GENERAL
.—Subtitle H of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by
adding at the end the following:
‘‘SEC. 890A. CYBER CRIMES CENTER, CHILD EXPLOITATION INVESTIGA-
TIONS UNIT, COMPUTER FORENSICS UNIT, AND CYBER
CRIMES UNIT.
‘‘(a) C
YBER
C
RIMES
C
ENTER
.—
6 USC 473.
6 USC 473 note.
6 USC 101 note.
Human
Exploitation
Rescue
Operations Act
of 2015.
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129 STAT. 252 PUBLIC LAW 114–22—MAY 29, 2015
‘‘(1) I
N GENERAL
.—The Secretary shall operate, within
United States Immigration and Customs Enforcement, a Cyber
Crimes Center (referred to in this section as the ‘Center’).
‘‘(2) P
URPOSE
.—The purpose of the Center shall be to pro-
vide investigative assistance, training, and equipment to sup-
port United States Immigration and Customs Enforcement’s
domestic and international investigations of cyber-related
crimes.
‘‘(b) C
HILD
E
XPLOITATION
I
NVESTIGATIONS
U
NIT
.—
‘‘(1) I
N GENERAL
.—The Secretary shall operate, within the
Center, a Child Exploitation Investigations Unit (referred to
in this subsection as the ‘CEIU’).
‘‘(2) F
UNCTIONS
.—The CEIU—
‘‘(A) shall coordinate all United States Immigration
and Customs Enforcement child exploitation initiatives,
including investigations into—
‘‘(i) child exploitation;
‘‘(ii) child pornography;
‘‘(iii) child victim identification;
‘‘(iv) traveling child sex offenders; and
‘‘(v) forced child labor, including the sexual exploi-
tation of minors;
‘‘(B) shall, among other things, focus on—
‘‘(i) child exploitation prevention;
‘‘(ii) investigative capacity building;
‘‘(iii) enforcement operations; and
‘‘(iv) training for Federal, State, local, tribal, and
foreign law enforcement agency personnel, upon
request;
‘‘(C) shall provide training, technical expertise, support,
or coordination of child exploitation investigations, as
needed, to cooperating law enforcement agencies and per-
sonnel;
‘‘(D) shall provide psychological support and counseling
services for United States Immigration and Customs
Enforcement personnel engaged in child exploitation
prevention initiatives, including making available other
existing services to assist employees who are exposed to
child exploitation material during investigations;
‘‘(E) is authorized to collaborate with the Department
of Defense and the National Association to Protect Children
for the purpose of the recruiting, training, equipping and
hiring of wounded, ill, and injured veterans and
transitioning service members, through the Human Exploi-
tation Rescue Operative (HERO) Child Rescue Corps pro-
gram; and
‘‘(F) shall collaborate with other governmental, non-
governmental, and nonprofit entities approved by the Sec-
retary for the sponsorship of, and participation in, outreach
and training activities.
‘‘(3) D
ATA COLLECTION
.—The CEIU shall collect and main-
tain data concerning—
‘‘(A) the total number of suspects identified by United
States Immigration and Customs Enforcement;
‘‘(B) the number of arrests by United States Immigra-
tion and Customs Enforcement, disaggregated by type,
including—
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129 STAT. 253 PUBLIC LAW 114–22—MAY 29, 2015
‘‘(i) the number of victims identified through inves-
tigations carried out by United States Immigration
and Customs Enforcement; and
‘‘(ii) the number of suspects arrested who were
in positions of trust or authority over children;
‘‘(C) the number of cases opened for investigation by
United States Immigration and Customs Enforcement; and
‘‘(D) the number of cases resulting in a Federal, State,
foreign, or military prosecution.
‘‘(4) A
VAILABILITY OF DATA TO CONGRESS
.—In addition to
submitting the reports required under paragraph (7), the CEIU
shall make the data collected and maintained under paragraph
(3) available to the committees of Congress described in para-
graph (7).
‘‘(5) C
OOPERATIVE AGREEMENTS
.—The CEIU is authorized
to enter into cooperative agreements to accomplish the functions
set forth in paragraphs (2) and (3).
‘‘(6) A
CCEPTANCE OF GIFTS
.—
‘‘(A) I
N GENERAL
.—The Secretary is authorized to
accept monies and in-kind donations from the Virtual
Global Taskforce, national laboratories, Federal agencies,
not-for-profit organizations, and educational institutions to
create and expand public awareness campaigns in support
of the functions of the CEIU.
‘‘(B) E
XEMPTION FROM FEDERAL ACQUISITION REGULA
-
TION
.—Gifts authorized under subparagraph (A) shall not
be subject to the Federal Acquisition Regulation for com-
petition when the services provided by the entities referred
to in such subparagraph are donated or of minimal cost
to the Department.
‘‘(7) R
EPORTS
.—Not later than 1 year after the date of
the enactment of the HERO Act of 2015, and annually for
the following 4 years, the CEIU shall—
‘‘(A) submit a report containing a summary of the
data collected pursuant to paragraph (3) during the pre-
vious year to—
‘‘(i) the Committee on Homeland Security and
Governmental Affairs of the Senate;
‘‘(ii) the Committee on the Judiciary of the Senate;
‘‘(iii) the Committee on Appropriations of the
Senate;
‘‘(iv) the Committee on Homeland Security of the
House of Representatives;
‘‘(v) the Committee on the Judiciary of the House
of Representatives; and
‘‘(vi) the Committee on Appropriations of the House
of Representatives; and
‘‘(B) make a copy of each report submitted under
subparagraph (A) publicly available on the website of the
Department.
‘‘(c) C
OMPUTER
F
ORENSICS
U
NIT
.—
‘‘(1) I
N GENERAL
.—The Secretary shall operate, within the
Center, a Computer Forensics Unit (referred to in this sub-
section as the ‘CFU’).
‘‘(2) F
UNCTIONS
.—The CFU—
‘‘(A) shall provide training and technical support in
digital forensics to—
Records.
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129 STAT. 254 PUBLIC LAW 114–22—MAY 29, 2015
‘‘(i) United States Immigration and Customs
Enforcement personnel; and
‘‘(ii) Federal, State, local, tribal, military, and for-
eign law enforcement agency personnel engaged in the
investigation of crimes within their respective jurisdic-
tions, upon request and subject to the availability of
funds;
‘‘(B) shall provide computer hardware, software, and
forensic licenses for all computer forensics personnel within
United States Immigration and Customs Enforcement;
‘‘(C) shall participate in research and development in
the area of digital forensics, in coordination with appro-
priate components of the Department; and
‘‘(D) is authorized to collaborate with the Department
of Defense and the National Association to Protect Children
for the purpose of recruiting, training, equipping, and
hiring wounded, ill, and injured veterans and transitioning
service members, through the Human Exploitation Rescue
Operative (HERO) Child Rescue Corps program.
‘‘(3) C
OOPERATIVE AGREEMENTS
.—The CFU is authorized
to enter into cooperative agreements to accomplish the functions
set forth in paragraph (2).
‘‘(4) A
CCEPTANCE OF GIFTS
.—
‘‘(A) I
N GENERAL
.—The Secretary is authorized to
accept monies and in-kind donations from the Virtual
Global Task Force, national laboratories, Federal agencies,
not-for-profit organizations, and educational institutions to
create and expand public awareness campaigns in support
of the functions of the CFU.
‘‘(B) E
XEMPTION FROM FEDERAL ACQUISITION REGULA
-
TION
.—Gifts authorized under subparagraph (A) shall not
be subject to the Federal Acquisition Regulation for com-
petition when the services provided by the entities referred
to in such subparagraph are donated or of minimal cost
to the Department.
‘‘(d) C
YBER
C
RIMES
U
NIT
.—
‘‘(1) I
N GENERAL
.—The Secretary shall operate, within the
Center, a Cyber Crimes Unit (referred to in this subsection
as the ‘CCU’).
‘‘(2) F
UNCTIONS
.—The CCU—
‘‘(A) shall oversee the cyber security strategy and cyber-
related operations and programs for United States
Immigration and Customs Enforcement;
‘‘(B) shall enhance United States Immigration and Cus-
toms Enforcement’s ability to combat criminal enterprises
operating on or through the Internet, with specific focus
in the areas of—
‘‘(i) cyber economic crime;
‘‘(ii) digital theft of intellectual property;
‘‘(iii) illicit e-commerce (including hidden market-
places);
‘‘(iv) Internet-facilitated proliferation of arms and
strategic technology; and
‘‘(v) cyber-enabled smuggling and money laun-
dering;
‘‘(C) shall provide training and technical support in
cyber investigations to—
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129 STAT. 255 PUBLIC LAW 114–22—MAY 29, 2015
‘‘(i) United States Immigration and Customs
Enforcement personnel; and
‘‘(ii) Federal, State, local, tribal, military, and for-
eign law enforcement agency personnel engaged in the
investigation of crimes within their respective jurisdic-
tions, upon request and subject to the availability of
funds;
‘‘(D) shall participate in research and development in
the area of cyber investigations, in coordination with appro-
priate components of the Department; and
‘‘(E) is authorized to recruit participants of the Human
Exploitation Rescue Operative (HERO) Child Rescue Corps
program for investigative and forensic positions in support
of the functions of the CCU.
‘‘(3) C
OOPERATIVE AGREEMENTS
.—The CCU is authorized
to enter into cooperative agreements to accomplish the functions
set forth in paragraph (2).
‘‘(e) A
UTHORIZATION OF
A
PPROPRIATIONS
.—There are authorized
to be appropriated to the Secretary such sums as are necessary
to carry out this section.’’.
(2) T
ABLE OF CONTENTS AMENDMENT
.—The table of contents
in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C.
101 note) is amended by adding after the item relating to
section 890 the following:
‘‘Sec. 890A. Cyber crimes center, child exploitation investigations unit, computer
forensics unit, and cyber crimes unit.’’.
(c) HERO C
ORPS
H
IRING
.—It is the sense of Congress that
Homeland Security Investigations of the United States Immigration
and Customs Enforcement should hire, recruit, train, and equip
wounded, ill, or injured military veterans (as defined in section
101, title 38, United States Code) who are affiliated with the HERO
Child Rescue Corps program for investigative, intelligence, analyst,
and forensic positions.
(d) I
NVESTIGATING
C
HILD
E
XPLOITATION
.—Section 307(b)(3) of
the Homeland Security Act of 2002 (6 U.S.C. 187(b)(3)) is
amended—
(1) in subparagraph (B), by striking ‘‘and’’ at the end;
(2) in subparagraph (C), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(D) conduct research and development for the purpose
of advancing technology for the investigation of child exploi-
tation crimes, including child victim identification, traf-
ficking in persons, and child pornography, and for advanced
forensics.’’.
SEC. 303. TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND
RELATED CRIMES.
Chapter 117 of title 18, United States Code, is amended by
striking section 2421 and inserting the following:
‘‘§ 2421. Transportation generally
‘‘(a) I
N
G
ENERAL
.—Whoever knowingly transports any indi-
vidual in interstate or foreign commerce, or in any Territory or
Possession of the United States, with intent that such individual
engage in prostitution, or in any sexual activity for which any
person can be charged with a criminal offense, or attempts to
18 USC 2421.
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129 STAT. 256 PUBLIC LAW 114–22—MAY 29, 2015
do so, shall be fined under this title or imprisoned not more than
10 years, or both.
‘‘(b) R
EQUESTS
T
O
P
ROSECUTE
V
IOLATIONS BY
S
TATE
A
TTORNEYS
G
ENERAL
.—
‘‘(1) I
N GENERAL
.—The Attorney General shall grant a
request by a State attorney general that a State or local
attorney be cross designated to prosecute a violation of this
section unless the Attorney General determines that granting
the request would undermine the administration of justice.
‘‘(2) R
EASON FOR DENIAL
.—If the Attorney General denies
a request under paragraph (1), the Attorney General shall
submit to the State attorney general a detailed reason for
the denial not later than 60 days after the date on which
a request is received.’’.
TITLE IV—RAPE SURVIVOR CHILD
CUSTODY
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Rape Survivor Child Custody
Act’’.
SEC. 402. DEFINITIONS.
In this title:
(1) C
OVERED FORMULA GRANT
.—The term ‘‘covered formula
grant’’ means a grant under—
(A) part T of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.)
(commonly referred to as the ‘‘STOP Violence Against
Women Formula Grant Program’’); or
(B) section 41601 of the Violence Against Women Act
of 1994 (42 U.S.C. 14043g) (commonly referred to as the
‘‘Sexual Assault Services Program’’).
(2) T
ERMINATION
.—
(A) I
N GENERAL
.—The term ‘‘termination’’ means, when
used with respect to parental rights, a complete and final
termination of the parent’s right to custody of, guardianship
of, visitation with, access to, and inheritance from a child.
(B) R
ULE OF CONSTRUCTION
.—Nothing in this para-
graph shall be construed to require a State, in order to
receive an increase in the amount provided to the State
under the covered formula grants under this title, to have
in place a law that terminates any obligation of a person
who fathered a child through rape to support the child.
SEC. 403. FINDINGS.
Congress finds the following:
(1) Men who father children through rape should be prohib-
ited from visiting or having custody of those children.
(2) Thousands of rape-related pregnancies occur annually
in the United States.
(3) A substantial number of women choose to raise their
child conceived through rape and, as a result, may face custody
battles with their rapists.
42 USC
14043h–1.
42 USC 14043h.
42 USC 13701
note.
Rape Survivor
Child Custody
Act.
Deadline.
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129 STAT. 257 PUBLIC LAW 114–22—MAY 29, 2015
(4) Rape is one of the most under-prosecuted serious crimes,
with estimates of criminal conviction occurring in less than
5 percent of rapes.
(5) The clear and convincing evidence standard is the most
common standard for termination of parental rights among
the 50 States, territories, and the District of Columbia.
(6) The Supreme Court established that the clear and con-
vincing evidence standard satisfies due process for allegations
to terminate or restrict parental rights in Santosky v. Kramer
(455 U.S. 745 (1982)).
(7) Currently only 10 States have statutes allowing rape
survivors to petition for the termination of parental rights
of the rapist based on clear and convincing evidence that the
child was conceived through rape.
(8) A rapist pursuing parental or custody rights causes
the survivor to have continued interaction with the rapist,
which can have traumatic psychological effects on the survivor,
and can make it more difficult for her to recover.
(9) These traumatic effects on the mother can severely
negatively impact her ability to raise a healthy child.
(10) Rapists may use the threat of pursuing custody or
parental rights to coerce survivors into not prosecuting rape,
or otherwise harass, intimidate, or manipulate them.
SEC. 404. INCREASED FUNDING FOR FORMULA GRANTS AUTHORIZED.
The Attorney General shall increase the amount provided to
a State under the covered formula grants in accordance with this
title if the State has in place a law that allows the mother of
any child that was conceived through rape to seek court-ordered
termination of the parental rights of her rapist with regard to
that child, which the court is authorized to grant upon clear and
convincing evidence of rape.
SEC. 405. APPLICATION.
A State seeking an increase in the amount provided to the
State under the covered formula grants shall include in the applica-
tion of the State for each covered formula grant such information
as the Attorney General may reasonably require, including informa-
tion about the law described in section 404.
SEC. 406. GRANT INCREASE.
The amount of the increase provided to a State under the
covered formula grants under this title shall be equal to not more
than 10 percent of the average of the total amount of funding
provided to the State under the covered formula grants under
the 3 most recent awards to the State.
SEC. 407. PERIOD OF INCREASE.
(a) I
N
G
ENERAL
.—The Attorney General shall provide an
increase in the amount provided to a State under the covered
formula grants under this title for a 2-year period.
(b) L
IMIT
.—The Attorney General may not provide an increase
in the amount provided to a State under the covered formula
grants under this title more than 4 times.
42 USC
14043h–5.
42 USC
14043h–4.
42 USC
14043h–3.
42 USC
14043h–2.
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129 STAT. 258 PUBLIC LAW 114–22—MAY 29, 2015
SEC. 408. ALLOCATION OF INCREASED FORMULA GRANT FUNDS.
The Attorney General shall allocate an increase in the amount
provided to a State under the covered formula grants under this
title such that—
(1) 25 percent the amount of the increase is provided under
the program described in section 402(1)(A); and
(2) 75 percent the amount of the increase is provided under
the program described in section 402(1)(B).
SEC. 409. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$5,000,000 for each of fiscal years 2015 through 2019.
TITLE V—MILITARY SEX OFFENDER
REPORTING
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Military Sex Offender Reporting
Act of 2015’’.
SEC. 502. REGISTRATION OF SEX OFFENDERS RELEASED FROM MILI-
TARY CORRECTIONS FACILITIES OR UPON CONVICTION.
(a) I
N
G
ENERAL
.—The Sex Offender Registration and Notifica-
tion Act is amended by inserting after section 128 (42 U.S.C. 16928)
the following:
‘‘SEC. 128A. REGISTRATION OF SEX OFFENDERS RELEASED FROM MILI-
TARY CORRECTIONS FACILITIES OR UPON CONVICTION.
‘‘The Secretary of Defense shall provide to the Attorney General
the information described in section 114 to be included in the
National Sex Offender Registry and the Dru Sjodin National Sex
Offender Public Website regarding persons—
‘‘(1)(A) released from military corrections facilities; or
‘‘(B) convicted if the sentences adjudged by courts-martial
under chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice), do not include confinement; and
‘‘(2) required to register under this title.’’.
(b) T
ECHNICAL AND
C
ONFORMING
A
MENDMENT
.—The table of
contents of the Adam Walsh Child Protection and Safety Act is
amended by inserting after the item relating to section 128 the
following:
‘‘Sec. 128A. Registration of sex offenders released from military corrections facili-
ties or upon conviction.’’.
TITLE VI—STOPPING EXPLOITATION
THROUGH TRAFFICKING
SEC. 601. SAFE HARBOR INCENTIVES.
Part Q of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd et seq.) is amended—
(1) in section 1701(c), by striking ‘‘where feasible’’ and
all that follows, and inserting the following: ‘‘where feasible,
to an application—
42 USC 3796dd.
42 USC 16928a.
42 USC 16901
note.
Military Sex
Offender
Reporting Act
of 2015.
42 USC
14043h–7.
42 USC
14043h–6.
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129 STAT. 259 PUBLIC LAW 114–22—MAY 29, 2015
‘‘(1) for hiring and rehiring additional career law enforce-
ment officers that involves a non-Federal contribution exceeding
the 25 percent minimum under subsection (g); or
‘‘(2) from an applicant in a State that has in effect a
law that—
‘‘(A) treats a minor who has engaged in, or has
attempted to engage in, a commercial sex act as a victim
of a severe form of trafficking in persons;
‘‘(B) discourages or prohibits the charging or prosecu-
tion of an individual described in subparagraph (A) for
a prostitution or sex trafficking offense, based on the con-
duct described in subparagraph (A); and
‘‘(C) encourages the diversion of an individual described
in subparagraph (A) to appropriate service providers,
including child welfare services, victim treatment pro-
grams, child advocacy centers, rape crisis centers, or other
social services.’’; and
(2) in section 1709, by inserting at the end the following:
‘‘(5) ‘commercial sex act’ has the meaning given the term
in section 103 of the Victims of Trafficking and Violence Protec-
tion Act of 2000 (22 U.S.C. 7102).
‘‘(6) ‘minor’ means an individual who has not attained
the age of 18 years.
‘‘(7) ‘severe form of trafficking in persons’ has the meaning
given the term in section 103 of the Victims of Trafficking
and Violence Protection Act of 2000 (22 U.S.C. 7102).’’.
SEC. 602. REPORT ON RESTITUTION PAID IN CONNECTION WITH CER-
TAIN TRAFFICKING OFFENSES.
Section 105(d)(7)(Q) of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7103(d)(7)(Q)) is amended—
(1) by inserting after ‘‘1590,’’ the following: ‘‘1591,’’;
(2) by striking ‘‘and 1594’’ and inserting ‘‘1594, 2251, 2251A,
2421, 2422, and 2423’’;
(3) in clause (iv), by striking ‘‘and’’ at the end;
(4) in clause (v), by striking ‘‘and’’ at the end; and
(5) by inserting after clause (v) the following:
‘‘(vi) the number of individuals required by a court
order to pay restitution in connection with a violation
of each offense under title 18, United States Code,
the amount of restitution required to be paid under
each such order, and the amount of restitution actually
paid pursuant to each such order; and
‘‘(vii) the age, gender, race, country of origin,
country of citizenship, and description of the role in
the offense of individuals convicted under each offense;
and’’.
SEC. 603. NATIONAL HUMAN TRAFFICKING HOTLINE.
Section 107(b)(1)(B) of the Victims of Crime Trafficking and
Violence Protection Act of 2000 (22 U.S.C. 7105(b)(1)(B)) is
amended—
(1) by striking ‘‘Subject’’ and inserting the following:
‘‘(i) I
N GENERAL
.—Subject’’; and
(2) by adding at the end the following:
‘‘(ii) N
ATIONAL HUMAN TRAFFICKING HOTLINE
.—
Beginning in fiscal year 2017, and in each fiscal year
thereafter, of amounts made available for grants under
Effective date.
Grants.
42 USC
3796dd–8.
Definitions.
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129 STAT. 260 PUBLIC LAW 114–22—MAY 29, 2015
paragraph (2), the Secretary of Health and Human
Services shall make grants for a national communica-
tion system to assist victims of severe forms of traf-
ficking in persons in communicating with service pro-
viders. The Secretary shall give priority to grant
applicants that have experience in providing telephone
services to victims of severe forms of trafficking in
persons.’’.
SEC. 604. JOB CORPS ELIGIBILITY.
Section 144(a)(3) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3194(a)(3)) is amended by adding at the end the
following:
‘‘(F) A victim of a severe form of trafficking in persons
(as defined in section 103 of the Victims of Trafficking
and Violence Protection Act of 2000 (22 U.S.C. 7102)).
Notwithstanding paragraph (2), an individual described in
this subparagraph shall not be required to demonstrate
eligibility under such paragraph.’’.
SEC. 605. CLARIFICATION OF AUTHORITY OF THE UNITED STATES
MARSHALS SERVICE.
Section 566(e)(1) of title 28, United States Code, is amended—
(1) in subparagraph (B), by striking ‘‘and’’ at the end;
(2) in subparagraph (C), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by inserting after subparagraph (C) the following:
‘‘(D) assist State, local, and other Federal law enforce-
ment agencies, upon the request of such an agency, in
locating and recovering missing children.’’.
SEC. 606. ESTABLISHING A NATIONAL STRATEGY TO COMBAT HUMAN
TRAFFICKING.
(a) I
N
G
ENERAL
.—The Attorney General shall implement and
maintain a National Strategy for Combating Human Trafficking
(referred to in this section as the ‘‘National Strategy’’) in accordance
with this section.
(b) R
EQUIRED
C
ONTENTS OF
N
ATIONAL
S
TRATEGY
.—The
National Strategy shall include the following:
(1) Integrated Federal, State, local, and tribal efforts to
investigate and prosecute human trafficking cases, including—
(A) the development by each United States attorney,
in consultation with State, local, and tribal government
agencies, of a district-specific strategic plan to coordinate
the identification of victims and the investigation and
prosecution of human trafficking crimes;
(B) the appointment of not fewer than 1 assistant
United States attorney in each district dedicated to the
prosecution of human trafficking cases or responsible for
implementing the National Strategy;
(C) the participation in any Federal, State, local, or
tribal human trafficking task force operating in the district
of the United States attorney; and
(D) any other efforts intended to enhance the level
of coordination and cooperation, as determined by the
Attorney General.
(2) Case coordination within the Department of Justice,
including specific integration, coordination, and collaboration,
42 USC 14044h.
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129 STAT. 261 PUBLIC LAW 114–22—MAY 29, 2015
as appropriate, on human trafficking investigations between
and among the United States attorneys, the Human Trafficking
Prosecution Unit, the Child Exploitation and Obscenity Section,
and the Federal Bureau of Investigation.
(3) Annual budget priorities and Federal efforts dedicated
to preventing and combating human trafficking, including
resources dedicated to the Human Trafficking Prosecution Unit,
the Child Exploitation and Obscenity Section, the Federal
Bureau of Investigation, and all other entities that receive
Federal support that have a goal or mission to combat the
exploitation of adults and children.
(4) An ongoing assessment of the future trends, challenges,
and opportunities, including new investigative strategies, tech-
niques, and technologies, that will enhance Federal, State, local,
and tribal efforts to combat human trafficking.
(5) Encouragement of cooperation, coordination, and mutual
support between private sector and other entities and organiza-
tions and Federal agencies to combat human trafficking,
including the involvement of State, local, and tribal government
agencies to the extent Federal programs are involved.
TITLE VII—TRAFFICKING AWARENESS
TRAINING FOR HEALTH CARE
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘Trafficking Awareness Training
for Health Care Act of 2015’’.
SEC. 702. DEVELOPMENT OF BEST PRACTICES.
(a) G
RANT OR
C
ONTRACT FOR
D
EVELOPMENT OF
B
EST
P
RAC
-
TICES
.—
(1) I
N GENERAL
.—Not later than 1 year after the date
of enactment of this Act, the Secretary of Health and Human
Services acting through the Administrator of the Health
Resources and Services Administration, and in consultation
with the Administration on Children and Families and other
agencies with experience in serving victims of human traf-
ficking, shall award, on a competitive basis, a grant or contract
to an eligible entity to train health care professionals to recog-
nize and respond to victims of a severe form of trafficking.
(2) D
EVELOPMENT OF EVIDENCE
-
BASED BEST PRACTICES
.—
An entity receiving a grant under paragraph (1) shall develop
evidence-based best practices for health care professionals to
recognize and respond to victims of a severe form of trafficking,
including—
(A) consultation with law enforcement officials, social
service providers, health professionals, experts in the field
of human trafficking, and other experts, as appropriate,
to inform the development of such best practices;
(B) the identification of any existing best practices
or tools for health professionals to recognize potential vic-
tims of a severe form of trafficking; and
(C) the development of educational materials to train
health care professionals on the best practices developed
under this subsection.
Deadline.
Consultation.
Trafficking
Awareness
Training for
Health Care Act
of 2015.
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129 STAT. 262 PUBLIC LAW 114–22—MAY 29, 2015
(3) R
EQUIREMENTS
.—Best practices developed under this
subsection shall address—
(A) risk factors and indicators to recognize victims
of a severe form of trafficking;
(B) patient safety and security;
(C) the management of medical records of patients
who are victims of a severe form of trafficking;
(D) public and private social services available for
rescue, food, clothing, and shelter referrals;
(E) the hotlines for reporting human trafficking main-
tained by the National Human Trafficking Resource Center
and the Department of Homeland Security;
(F) validated assessment tools for the identification
of victims of a severe form of trafficking; and
(G) referral options and procedures for sharing
information on human trafficking with a patient and
making referrals for legal and social services as appro-
priate.
(4) P
ILOT PROGRAM
.—An entity receiving a grant under
paragraph (1) shall design and implement a pilot program
to test the best practices and educational materials identified
or developed with respect to the recognition of victims of human
trafficking by health professionals at health care sites located
near an established anti-human trafficking task force initiative
in each of the 10 administrative regions of the Department
of Health and Human Services.
(5) A
NALYSIS AND REPORT
.—Not later than 24 months after
the date on which an entity implements a pilot program under
paragraph (4), the entity shall—
(A) analyze the results of the pilot programs, including
through an assessment of—
(i) changes in the skills, knowledge, and attitude
of health care professionals resulting from the
implementation of the program;
(ii) the number of victims of a severe form of
trafficking who were identified under the program;
(iii) of those victims identified, the number who
received information or referrals for services offered;
and
(iv) of those victims who received such information
or referrals—
(I) the number who participated in follow up
services; and
(II) the type of follow up services received;
(B) determine, using the results of the analysis con-
ducted under subparagraph (A), the extent to which the
best practices developed under this subsection are evidence-
based; and
(C) submit to the Secretary of Health and Human
Services a report concerning the pilot program and the
analysis of the pilot program under subparagraph (A),
including an identification of the best practices that were
identified as effective and those that require further review.
(b) D
ISSEMINATION
.—Not later than 30 months after date on
which a grant is awarded to an eligible entity under subsection
(a), the Secretary of Health and Human Services shall—
Deadline.
Reports.
Determination.
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129 STAT. 263 PUBLIC LAW 114–22—MAY 29, 2015
(1) collaborate with appropriate professional associations
and health care professional schools to disseminate best prac-
tices identified or developed under subsection (a) for purposes
of recognizing potential victims of a severe form of trafficking;
and
(2) post on the public website of the Department of Health
and Human Services the best practices that are identified by
the pilot program as effective under subsection (a)(5).
SEC. 703. DEFINITIONS.
In this title:
(1) The term ‘‘eligible entity’’ means an accredited school
of medicine or nursing with experience in the study or treat-
ment of victims of a severe form of trafficking.
(2) The term ‘‘eligible site’’ means a health center that
is receiving assistance under section 330, 399Z–1, or 1001 of
the Public Health Service Act (42 U.S.C. 254b, 280h–5, and
300).
(3) The term ‘‘health care professional’’ means a person
employed by a health care provider who provides to patients
information (including information not related to medical treat-
ment), scheduling, services, or referrals.
(4) The term ‘‘HIPAA privacy and security law’’ has the
meaning given to such term in section 3009 of the Public
Health Service Act (42 U.S.C. 300jj–19).
(5) The term ‘‘victim of a severe form of trafficking’’ has
the meaning given to such term in section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102).
SEC. 704. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.
No additional funds are authorized to be appropriated to carry
out this title, and this title shall be carried out using amounts
otherwise available for such purpose.
TITLE VIII—BETTER RESPONSE FOR
VICTIMS OF CHILD SEX TRAFFICKING
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Ensuring a Better Response
for Victims of Child Sex Trafficking’’.
SEC. 802. CAPTA AMENDMENTS.
(a) I
N
G
ENERAL
.—The amendments to the Child Abuse Preven-
tion and Treatment Act (42 U.S.C. 5101 et seq.) made by this
section shall take effect 2 years after the date of the enactment
of this Act.
(b) S
TATE
P
LANS
.—Section 106 of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5106a) is amended—
(1) in subsection (b)(2)(B)—
(A) in clause (xxii), by striking ‘‘and’’ at the end; and
(B) by adding at the end the following:
‘‘(xxiv) provisions and procedures requiring identi-
fication and assessment of all reports involving chil-
dren known or suspected to be victims of sex trafficking
(as defined in section 103(10) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102 (10)); and
42 USC 5106a
note.
Effective date.
Ensuring a
Better Response
for Victims of
Child Sex
Trafficking.
42 USC 5101
note.
Web posting.
Collaboration.
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129 STAT. 264 PUBLIC LAW 114–22—MAY 29, 2015
‘‘(xxv) provisions and procedures for training child
protective services workers about identifying,
assessing, and providing comprehensive services for
children who are sex trafficking victims, including
efforts to coordinate with State law enforcement, juve-
nile justice, and social service agencies such as run-
away and homeless youth shelters to serve this popu-
lation;’’; and
(2) in subsection (d), by adding at the end the following:
‘‘(17) The number of children determined to be victims
described in subsection (b)(2)(B)(xxiv).’’.
(c) S
PECIAL
R
ULE
.—
(1) I
N GENERAL
.—Section 111 of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5106g) is amended—
(A) by striking ‘‘For purposes’’ and inserting the fol-
lowing:
‘‘(a) D
EFINITIONS
.—For purposes’’; and
(B) by adding at the end the following:
‘‘(b) S
PECIAL
R
ULE
.—
‘‘(1) I
N GENERAL
.—For purposes of section 3(2) and sub-
section (a)(4), a child shall be considered a victim of ‘child
abuse and neglect’ and of ‘sexual abuse’ if the child is identified,
by a State or local agency employee of the State or locality
involved, as being a victim of sex trafficking (as defined in
paragraph (10) of section 103 of the Trafficking Victims Protec-
tion Act of 2000 (22 U.S.C. 7102)) or a victim of severe forms
of trafficking in persons described in paragraph (9)(A) of that
section.
‘‘(2) S
TATE OPTION
.—Notwithstanding the definition of
‘child’ in section 3(1), a State may elect to define that term
for purposes of the application of paragraph (1) to section
3(2) and subsection (a)(4) as a person who has not attained
the age of 24.’’.
(2) C
ONFORMING AMENDMENT
.—Section 3(2) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5101 note)
is amended by inserting ‘‘(including sexual abuse as determined
under section 111)’’ after ‘‘sexual abuse or exploitation’’.
(3) T
ECHNICAL CORRECTION
.—Paragraph (5)(C) of sub-
section (a), as so designated, of section 111 of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106g) is amended
by striking ‘‘inhumane;’’ and inserting ‘‘inhumane.’’.
TITLE IX—ANTI-TRAFFICKING TRAIN-
ING FOR DEPARTMENT OF HOME-
LAND SECURITY PERSONNEL
SEC. 901. DEFINITIONS.
In this title:
(1) D
EPARTMENT
.—The term ‘‘Department’’ means the
Department of Homeland Security.
(2) H
UMAN TRAFFICKING
.—The term ‘‘human trafficking’’
means an act or practice described in paragraph (9) or (10)
of section 103 of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102).
6 USC 641.
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129 STAT. 265 PUBLIC LAW 114–22—MAY 29, 2015
(3) S
ECRETARY
.—The term ‘‘Secretary’’ means the Secretary
of Homeland Security.
SEC. 902. TRAINING FOR DEPARTMENT PERSONNEL TO IDENTIFY
HUMAN TRAFFICKING.
(a) I
N
G
ENERAL
.—Not later than 180 days after the date of
the enactment of this Act, the Secretary shall implement a program
to—
(1) train and periodically retrain relevant Transportation
Security Administration, U.S. Customs and Border Protection,
and other Department personnel that the Secretary considers
appropriate, with respect to how to effectively deter, detect,
and disrupt human trafficking, and, where appropriate, inter-
dict a suspected perpetrator of human trafficking, during the
course of their primary roles and responsibilities; and
(2) ensure that the personnel referred to in paragraph
(1) regularly receive current information on matters related
to the detection of human trafficking, including information
that becomes available outside of the Department’s initial or
periodic retraining schedule, to the extent relevant to their
official duties and consistent with applicable information and
privacy laws.
(b) T
RAINING
D
ESCRIBED
.—The training referred to in sub-
section (a) may be conducted through in-class or virtual learning
capabilities, and shall include—
(1) methods for identifying suspected victims of human
trafficking and, where appropriate, perpetrators of human traf-
ficking;
(2) for appropriate personnel, methods to approach a sus-
pected victim of human trafficking, where appropriate, in a
manner that is sensitive to the suspected victim and is not
likely to alert a suspected perpetrator of human trafficking;
(3) training that is most appropriate for a particular loca-
tion or environment in which the personnel receiving such
training perform their official duties;
(4) other topics determined by the Secretary to be appro-
priate; and
(5) a post-training evaluation for personnel receiving the
training.
(c) T
RAINING
C
URRICULUM
R
EVIEW
.—The Secretary shall
annually reassess the training program established under sub-
section (a) to ensure it is consistent with current techniques, pat-
terns, and trends associated with human trafficking.
SEC. 903. CERTIFICATION AND REPORT TO CONGRESS.
(a) C
ERTIFICATION
.—Not later than 1 year after the date of
the enactment of this Act, the Secretary shall certify to Congress
that all personnel referred to in section 402(a) have successfully
completed the training required under that section.
(b) R
EPORT TO
C
ONGRESS
.—Not later than 1 year after the
date of the enactment of this Act and annually thereafter, the
Secretary shall report to Congress with respect to the overall
effectiveness of the program required by this title, the number
of cases reported by Department personnel in which human traf-
ficking was suspected, and, of those cases, the number of cases
that were confirmed cases of human trafficking.
6 USC 643.
Deadline.
6 USC 642.
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129 STAT. 266 PUBLIC LAW 114–22—MAY 29, 2015
SEC. 904. ASSISTANCE TO NON-FEDERAL ENTITIES.
The Secretary may provide training curricula to any State,
local, or tribal government or private organization to assist the
government or organization in establishing a program of training
to identify human trafficking, upon request from the government
or organization.
SEC. 905. EXPANDED USE OF DOMESTIC TRAFFICKING VICTIMS’ FUND.
Section 3014(e)(1) of title 18, United States Code, as added
by section 101 of this Act, is amended—
(1) in subparagraph (B), by striking ‘‘and’’ at the end;
(2) in subparagraph (C), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(D) section 106 of the PROTECT Our Children Act
of 2008 (42 U.S.C. 17616).’’.
TITLE X—HUMAN TRAFFICKING SUR-
VIVORS RELIEF AND EMPOWERMENT
ACT
SEC. 1001. SHORT TITLE.
This title may be cited as the ‘‘Human Trafficking Survivors
Relief and Empowerment Act of 2015’’.
SEC. 1002. PROTECTIONS FOR HUMAN TRAFFICKING SURVIVORS.
Section 1701(c) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796dd(c)), as amended by
section 601 of this Act, is amended—
(1) in paragraph (1), by striking ‘‘or’’ at the end;
(2) in paragraph (2)(C), by striking the period at the end
and inserting ‘‘; or’’; and
(3) by inserting after paragraph (2) the following:
‘‘(3) from an applicant in a State that has in effect a
law—
‘‘(A) that—
‘‘(i) provides a process by which an individual who
is a human trafficking survivor can move to vacate
any arrest or conviction records for a non-violent
offense committed as a direct result of human traf-
ficking, including prostitution or lewdness;
‘‘(ii) establishes a rebuttable presumption that any
arrest or conviction of an individual for an offense
associated with human trafficking is a result of being
trafficked, if the individual—
‘‘(I) is a person granted nonimmigrant status
pursuant to section 101(a)(15)(T)(i) of the Immigra-
tion and Nationality Act (8 U.S.C.
1101(a)(15)(T)(i));
‘‘(II) is the subject of a certification by the
Secretary of Health and Human Services under
section 107(b)(1)(E) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7105(b)(1)(E));
or
42 USC 3711
note.
Human
Trafficking
Survivors Relief
and
Empowerment
Act of 2015.
6 USC 644.
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129 STAT. 267 PUBLIC LAW 114–22—MAY 29, 2015
LEGISLATIVE HISTORY—S. 178:
CONGRESSIONAL RECORD, Vol. 161 (2015):
Mar. 10–12, 16–19, Apr. 14, 16, 20–22, considered and passed Senate.
May 18, 19, considered and passed House.
Æ
‘‘(III) has other similar documentation of traf-
ficking, which has been issued by a Federal, State,
or local agency; and
‘‘(iii) protects the identity of individuals who are
human trafficking survivors in public and court
records; and
‘‘(B) that does not require an individual who is a human
trafficking survivor to provide official documentation as
described in subclause (I), (II), or (III) of subparagraph
(A)(ii) in order to receive protection under the law.’’.
Approved May 29, 2015.
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