Library / Laws / 113th / s / S. 2646 / Reported in Senate
II
Calendar No. 581
113th CONGRESS
2d Session
S. 2646
IN THE SENATE OF THE UNITED STATES
July 23, 2014Mr. Leahy (for himself, Ms. Collins, Mr. Schumer, Mr. Franken, Mrs. Murray, Mr. Brown, Mr. Murphy, Mrs. Boxer, Mr. Coons, Mr. Whitehouse, Ms. Hirono, Mr. King, Mr. Durbin, Mr. Blumenthal, Mrs. Gillibrand, and Mr. Levin) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
October 1, 2014Reported, under authority of the order of the Senate of September 18, 2014, by Mr. Leahy, with an amendmentStrike out all after the enacting clause and insert the part printed in italic
A BILL
To reauthorize the Runaway and Homeless Youth Act, and for other purposes.
1.
Short title
This Act may be cited as the
Runaway and Homeless Youth and Trafficking Prevention Act.
2.
References
Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed
in terms of an amendment to, or repeal of, a provision, the amendment or
repeal shall be considered to be made to a provision of the Runaway and
Homeless Youth Act (42 U.S.C. 5701 et seq.).
3.
Findings
Section 302 (42 U.S.C. 5701) is amended—
(1) in paragraph (2), by inserting age, gender, and culturally and before linguistically appropriate;
(2) in paragraph (4), by striking outside the welfare system and the law enforcement system and inserting , in collaboration with public assistance systems, the law enforcement system, and the child
welfare system;
(3) in paragraph (5)—
(A) by inserting a safe place to live and after youth need; and
(B) by striking and at the end;
(4) in paragraph (6), by striking the period and inserting ; and; and
(5) by adding at the end the following:
(7) runaway and homeless youth are at a high risk of becoming victims of sexual exploitation and
trafficking in persons.
.
4.
Basic center grant program
(a)
Grants for centers and services
Section 311(a) (42 U.S.C. 5711(a)) is amended—
(1) in paragraph (1), by striking services and all that follows through the period and inserting safe shelter and services, including trauma-informed services, for runaway and homeless youth and,
if appropriate,
services for the families of such youth, including (if appropriate)
individuals identified by such youth as family.; and
(2) in paragraph (2)—
(A) in subparagraph (A), by striking mental health,;
(B) in subparagraph (B)—
(i) in clause (i), by striking 21 days; and and inserting 30 days;;
(ii) in clause (ii)—
(I) by inserting age, gender, and culturally and linguistically appropriate before individual;
(II) by inserting , as appropriate, after group; and
(III) by striking as appropriate and inserting including (if appropriate) counseling for individuals identified by such youth as family; and
(iii) by adding at the end the following:
(iii) suicide prevention services; and
; and
(C) in subparagraph (C)—
(i) in clause (ii), by inserting age, gender, and culturally and linguistically appropriate before home-based services;
(ii) in clause (iii), by striking and at the end;
(iii) in clause (iv), by striking diseases. and inserting infections;; and
(iv) by adding at the end the following:
(v) trauma-informed and gender-responsive services for runaway or homeless youth, including such youth
who are victims of trafficking in persons or sexual exploitation; and
(vi) an assessment of family engagement in support and reunification (if reunification is appropriate),
interventions, and services for parents or legal guardians of such youth,
or (if appropriate) individuals identified by such youth as family.
.
(b)
Eligibility; plan requirements
Section 312 (42 U.S.C. 5712) is amended—
(1) in subsection (b)—
(A) in paragraph (5), by inserting , or (if appropriate) individuals identified by such youth as family, after parents or legal guardians;
(B) in paragraph (6), by striking cultural minority and persons with limited ability to speak English and inserting cultural minority, persons with limited ability to speak English, and runaway or homeless youth who
are victims of trafficking in persons or sexual exploitation;
(C) by striking paragraph (7) and inserting the following:
(7) shall keep adequate statistical records profiling the youth and family members of such youth whom
the applicant serves, including demographic information on and the number
of—
(A) such youth who are not referred to out-of-home shelter services;
(B) such youth who are members of vulnerable or underserved populations;
(C) such youth who are victims of trafficking in persons or sexual exploitation, disaggregated by—
(i) such youth who have been coerced or forced into a commercial sex act, as defined in section 103 of
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102);
(ii) such youth who have been coerced or forced into other forms of labor; and
(iii) such youth who have engaged in a commercial sex act, as so defined, for any reason other than by
coercion or force;
(D) such youth who are pregnant or parenting;
(E) such youth who have been involved in the child welfare system; and
(F) such youth who have been involved in the juvenile justice system;
;
(D) by redesignating paragraphs (8) through (13) as paragraphs (9) through (14);
(E) by inserting after paragraph (7) the following:
(8) shall ensure that—
(A) the records described in paragraph (7), on an individual runaway or homeless youth, shall not be
disclosed
without the consent of the individual youth and parent or legal guardian
of such youth, or (if appropriate) an individual identified by such youth
as family, to anyone other than another agency compiling statistical
records or a government agency involved
in the disposition of criminal charges against an individual runaway or
homeless youth; and
(B) reports or other documents based on the statistics described in paragraph (7) shall not disclose
the identity of any individual runaway or homeless youth;
;
(F) in paragraph (9), as so redesignated, by striking statistical summaries and inserting statistics;
(G) in paragraph (13)(C), as so redesignated—
(i) by striking clause (i) and inserting:
(i) the number and characteristics of runaway and homeless youth, and youth at risk of family
separation, who participate in the project, including such information on—
(I) such youth (including both types of such participating youth) who are victims of trafficking in
persons or sexual exploitation, disaggregated by—
(aa) such youth who
have been coerced or forced into a commercial sex act, as defined in
section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102);
(bb) such youth who
have been coerced or forced into other forms of labor; and
(cc) such youth who
have engaged in a commercial sex act, as so defined, for any reason other
than by coercion or force;
(II) such youth who are pregnant or parenting;
(III) such youth who have been involved in the child welfare system; and
(IV) such youth who have been involved in the juvenile justice system; and
; and
(ii) in clause (ii), by striking and at the end;
(H) in paragraph (14), as so redesignated, by striking the period and inserting for natural disasters, inclement weather, and mental health emergencies;; and
(I) by adding at the end the following:
(15) shall provide age, gender, and culturally and
linguistically appropriate services to runaway and homeless youth; and
(16) shall assist youth in completing the Free Application for Federal Student Aid described in section
483 of the Higher Education Act of 1965 (20 U.S.C. 1090).
; and
(2) in subsection (d)—
(A) in paragraph (1)—
(i) by inserting age, gender, and culturally and linguistically appropriate after provide;
(ii) by striking families (including unrelated individuals in the family households) of such youth and inserting families of such youth (including unrelated individuals in the family households of such youth and,
if appropriate, individuals identified by such youth as family); and
(iii) by inserting suicide prevention, after physical health care,; and
(B) in paragraph (4), by inserting , including training on trauma-informed and youth-centered care after home-based services.
(c)
Approval of applications
Section 313(b) (42 U.S.C. 5713(b)) is amended—
(1) by striking priority to and all that follows through who and inserting priority to eligible applicants who;
(2) by striking ; and and inserting a period; and
(3) by striking paragraph (2).
5.
Transitional living grant program
Section 322(a) (42 U.S.C. 5714–2(a)) is amended—
(1) in paragraph (1)—
(A) by inserting age, gender, and culturally and linguistically appropriate before information and counseling services; and
(B) by striking job attainment skills, and mental and physical health care and inserting job attainment skills, mental and physical health care, and suicide prevention services;
(2) by redesignating paragraphs (3) through (8) and (9) through (16) as paragraphs (5) through (10) and
(12) through (19), respectively;
(3) by inserting after paragraph (2) the following:
(3) to provide counseling to homeless youth and to encourage, if appropriate, the involvement in such
counseling of their parents or legal guardians, or (if appropriate)
individuals identified by such youth as family;
(4) to provide aftercare services, if possible, to homeless youth who have received shelter and
services from a
transitional living youth project, including (to the extent practicable)
such youth who, after receiving such shelter and services, relocate to a
State other than the State
in which such project is located;
;
(4) in paragraph (9), as so redesignated—
(A) by inserting age, gender, and culturally and linguistically appropriate after referral of homeless youth to;
(B) by striking and health care programs and inserting mental health service and health care programs, including programs providing comprehensive services
to
victims of trafficking in persons or sexual
exploitation,; and
(C) by striking such services for youths; and inserting such programs described in this paragraph;;
(5) by inserting after paragraph (10), as so redesignated, the
following:
(11) to develop a plan to provide age, gender, and culturally and linguistically
appropriate services that address the needs of homeless and street youth;
;
(6) in paragraph (12), as so redesignated, by striking the applicant and statistical through who participate in such project, and inserting the applicant, statistical summaries describing the number, the characteristics, and the
demographic information of the homeless youth who participate in such
project, including the prevalence of trafficking in persons and sexual
exploitation of such youth,; and
(7) in paragraph (19), as so redesignated, by inserting regarding responses to natural disasters, inclement weather, and mental health emergencies after management plan.
6.
Coordinating, training, research, and other activities
(a)
Coordination
Section 341 (42 U.S.C. 5714–21) is amended—
(1) in the matter preceding paragraph (1), by inserting safety, well-being, after health,; and
(2) in paragraph (2), by striking other Federal entities and inserting the Department of Housing and Urban Development, the Department of Education, the Department of
Labor, and the Department of Justice.
(b)
Grants for technical assistance and training
Section 342 (42 U.S.C. 5714–22) is amended by inserting , including onsite and web-based techniques, such as on-demand and online learning, before to public and private entities.
(c)
Grants for research, evaluation, demonstration, and service projects
Section 343 (42 U.S.C. 5714–23) is amended—
(1) in subsection (b)—
(A) in paragraph (5)—
(i) in subparagraph (A), by inserting violence, trauma, and before sexual abuse and assault;
(ii) in subparagraph (B), by striking sexual abuse and assault; and and inserting sexual abuse or assault, trafficking in persons, or sexual exploitation;;
(iii) in subparagraph (C), by striking who have been sexually victimized and inserting who are victims of sexual abuse or assault, trafficking in persons, or sexual exploitation; and
(iv) by adding at the end the following:
(D) best practices for identifying and providing age, gender, and culturally and linguistically
appropriate services to—
(i) vulnerable and underserved youth populations;
and
(ii) youth who are victims of trafficking in persons or sexual exploitation; and
(E) verifying youth as runaway or homeless to complete the Free Application for Federal Student Aid
described in section
483 of the Higher Education Act of 1965 (20 U.S.C. 1090);
;
(B) in paragraph (9), by striking and at the end;
(C) in paragraph (10), by striking the period and inserting ; and; and
(D) by adding at the end the following:
(11) examining the intersection between the runaway and homeless youth populations and
trafficking in persons, including noting whether such youth who are
victims of trafficking in persons were previously
involved in the child welfare or juvenile justice systems.
; and
(2) in subsection (c)(2)(B), by inserting , including such youth who are victims of trafficking in persons or sexual exploitation after runaway or homeless youth.
(d)
Periodic estimate of incidence and prevalence of youth homelessness
Section 345 (42 U.S.C. 5714–25) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking 13 and inserting 12; and
(ii) by striking and at the end;
(B) in paragraph (2), by striking the period and inserting a semicolon; and
(C) by adding at the end the following:
(3) that includes demographic information about and characteristics of runaway or homeless youth,
including such youth who are victims of trafficking in persons or
sexual exploitation; and
(4) that does not disclose the identity of any runaway or homeless youth.
; and
(2) in subsection (b)(1)—
(A) in the matter preceding subparagraph (A), by striking 13 and inserting 12;
(B) in subparagraph (A), by striking and at the end;
(C) by redesignating subparagraph (B) as subparagraph (C);
(D) by inserting after subparagraph (A) the following:
(B) incidences, if any, of—
(i) such individuals who are victims of trafficking in persons; or
(ii) such individuals who are victims of sexual
exploitation; and
; and
(E) in subparagraph (C), as so redesignated—
(i) in clause (ii), by striking ; and and inserting , including mental health services;; and
(ii) by adding at the end the following:
(iv) access to education and job training; and
.
7.
Sexual abuse prevention program
Section 351 (42 U.S.C. 5714–41) is amended—
(1) in subsection (a)—
(A) by inserting public and before nonprofit; and
(B) by striking prostitution, or sexual exploitation. and inserting violence, trafficking in persons, or sexual exploitation.; and
(2) by adding at the end the following:
(c)
Eligibility requirements
To be eligible to receive a grant under subsection (a), an applicant shall certify to the Secretary
that such applicant has systems in place to ensure that such applicant can
provide age, gender, and culturally and linguistically appropriate
services to all youth described in subsection (a).
.
8.
General provisions
(a)
Reports
Section 382(a) (42 U.S.C. 5715(a)) is amended—
(1) in paragraph (1)—
(A) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; and
(B) by inserting after subparagraph (A) the following:
(B) collecting data on trafficking in persons and sexual exploitation of runaway and homeless youth;
; and
(2) in paragraph (2)—
(A) by striking subparagraph (A) and inserting the following:
(A) the number and characteristics of homeless youth served by such projects, including—
(i) such youth who are victims of trafficking in persons or sexual exploitation;
(ii) such youth who are pregnant or parenting;
(iii) such youth who have been involved in the child welfare system; and
(iv) such youth who have been involved in the juvenile justice system;
; and
(B) in subparagraph (F), by striking intrafamily problems and inserting problems within the family, including (if appropriate) individuals identified by such youth as
family,.
(b)
Nondiscrimination
Part F is amended by inserting after
section 386A (42 U.S.C. 5732–1) the following:
386B.
Nondiscrimination
(a)
In general
No person in the United States shall, on the basis of actual or perceived race, color, religion,
national origin, sex, gender identity (as defined in section 249(c)(4) of
title 18, United States Code), sexual orientation, or disability, be
excluded from participation in, denied the benefits of, or subjected to
discrimination under any program or activity funded in whole or in part
with funds made available under this title, or any other program or
activity funded in whole or in part with amounts appropriated for grants,
cooperative agreements, or other assistance administered by the
Administration for Children and Families of the Department of Health and
Human Services.
(b)
Disqualification
Any State, locality, organization, agency, or entity that violates the requirements of subsection
(a) shall not be eligible to receive any grant, assistance, or funding
provided under
this title.
.
(c)
Definitions
Section 387 (42 U.S.C. 5732a) is amended—
(1) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively;
(2) in paragraph (5)(B)(v)—
(A) by redesignating subclauses (II) through (IV) as subclauses (III) through (V), respectively;
(B) by inserting after subclause (I), the following:
(II) trafficking in persons;
;
(C) in subclause (IV), as so redesignated—
(i) by striking diseases and inserting infections; and
(ii) by striking and at the end;
(D) in subclause (V), as so redesignated, by striking the period and
inserting ; and; and
(E) by adding at the end the following:
(VI) suicide.
;
(3) in paragraph (6)(B), by striking prostitution, and inserting trafficking in persons,;
(4) by inserting after paragraph (6), the following:
(7)
Trafficking in persons
The term trafficking in persons has the meaning given the term severe forms of trafficking in persons in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
;
(5) in paragraph (8), as so redesignated—
(A) by inserting to homeless youth after provides; and
(B) by inserting , to establish a stable family or community supports, after self-sufficient living; and
(6) in paragraph (9)(B), as so redesignated—
(A) in clause (ii)—
(i) by inserting or able after willing; and
(ii) by striking or at the end;
(B) in clause (iii), by striking the period and inserting ; or; and
(C) by adding at the end the following:
(iv) who is involved in the child welfare or juvenile justice system, but who is not receiving
government-funded housing.
.
(d)
Authorization of appropriations
Section 388(a) (42 U.S.C. 5751(a)) is amended—
(1) in paragraph (1), by striking for fiscal year 2009, and all that follows through the period and inserting for each of fiscal years 2015 through 2019.;
(2) in paragraph (3)(B), by striking such sums as may be necessary for fiscal years 2009, 2010, 2011, 2012, and 2013. and inserting $2,000,000 for each of fiscal years 2015 through 2019.; and
(3) in paragraph (4), by striking for fiscal year 2009 and all that follows through the period and inserting for each of fiscal years 2015 through 2019..
1.
Short title
This Act may be cited as the
Runaway and Homeless Youth and Trafficking Prevention Act.
I
Runaway and Homeless Youth Act
101.
References
Except as otherwise specifically provided, whenever in this title an amendment or repeal is
expressed
in terms of an amendment to, or repeal of, a provision, the amendment or
repeal shall be considered to be made to a provision of the Runaway and
Homeless Youth Act (42 U.S.C. 5701 et seq.).
102.
Findings
Section 302 (42 U.S.C. 5701) is amended—
(1) in paragraph (2), by inserting age, gender, and culturally and before linguistically appropriate;
(2) in paragraph (4), by striking outside the welfare system and the law enforcement system and inserting , in collaboration with public assistance systems, the law enforcement system, and the child
welfare system;
(3) in paragraph (5)—
(A) by inserting a safe place to live and after youth need; and
(B) by striking and at the end;
(4) in paragraph (6), by striking the period and inserting ; and; and
(5) by adding at the end the following:
(7) runaway and homeless youth are at a high risk of becoming victims of sexual exploitation and
trafficking in persons.
.
103.
Basic center grant program
(a)
Grants for centers and services
Section 311(a) (42 U.S.C. 5711(a)) is amended—
(1) in paragraph (1), by striking services and all that follows through the period and inserting safe shelter and services, including trauma-informed services, for runaway and homeless youth and,
if appropriate,
services for the families of such youth, including (if appropriate)
individuals identified by such youth as family.; and
(2) in paragraph (2)—
(A) in subparagraph (A), by striking mental health,;
(B) in subparagraph (B)—
(i) in clause (i), by striking 21 days; and and inserting 30 days;;
(ii) in clause (ii)—
(I) by inserting age, gender, and culturally and linguistically appropriate before individual;
(II) by inserting , as appropriate, after group; and
(III) by striking as appropriate and inserting including (if appropriate) counseling for individuals identified by such youth as family; and
(iii) by adding at the end the following:
(iii) suicide prevention services; and
; and
(C) in subparagraph (C)—
(i) in clause (ii), by inserting age, gender, and culturally and linguistically appropriate before home-based services;
(ii) in clause (iii), by striking and at the end;
(iii) in clause (iv), by striking diseases. and inserting infections;; and
(iv) by adding at the end the following:
(v) trauma-informed and gender-responsive services for runaway or homeless youth, including such youth
who are victims of trafficking in persons or sexual exploitation; and
(vi) an assessment of family engagement in support and reunification (if reunification is appropriate),
interventions, and services for parents or legal guardians of such youth,
or (if appropriate) individuals identified by such youth as family.
.
(b)
Eligibility; plan requirements
Section 312 (42 U.S.C. 5712) is amended—
(1) in subsection (b)—
(A) in paragraph (5), by inserting , or (if appropriate) individuals identified by such youth as family, after parents or legal guardians;
(B) in paragraph (6), by striking cultural minority and persons with limited ability to speak English and inserting cultural minority, persons with limited ability to speak English, and runaway or homeless youth who
are victims of trafficking in persons or sexual exploitation;
(C) by striking paragraph (7) and inserting the following:
(7) shall keep adequate statistical records profiling the youth and family members of such youth whom
the applicant serves, including demographic information on and the number
of—
(A) such youth who are not referred to out-of-home shelter services;
(B) such youth who are members of vulnerable or underserved populations;
(C) such youth who are victims of trafficking in persons or sexual exploitation, disaggregated by—
(i) such youth who have been coerced or forced into a commercial sex act, as defined in section 103 of
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102);
(ii) such youth who have been coerced or forced into other forms of labor; and
(iii) such youth who have engaged in a commercial sex act, as so defined, for any reason other than by
coercion or force;
(D) such youth who are pregnant or parenting;
(E) such youth who have been involved in the child welfare system; and
(F) such youth who have been involved in the juvenile justice system;
;
(D) by redesignating paragraphs (8) through (13) as paragraphs (9) through (14);
(E) by inserting after paragraph (7) the following:
(8) shall ensure that—
(A) the records described in paragraph (7), on an individual runaway or homeless youth, shall not be
disclosed
without the consent of the individual youth, and parent or legal guardian
of such youth or (if appropriate) an individual identified by such youth
as family, to anyone other than another agency compiling statistical
records or a government agency involved
in the disposition of criminal charges against an individual runaway or
homeless youth; and
(B) reports or other documents based on the statistics described in paragraph (7) shall not disclose
the identity of any individual runaway or homeless youth;
;
(F) in paragraph (9), as so redesignated, by striking statistical summaries and inserting statistics;
(G) in paragraph (13)(C), as so redesignated—
(i) by striking clause (i) and inserting:
(i) the number and characteristics of runaway and homeless youth, and youth at risk of family
separation, who participate in the project, including such information on—
(I) such youth (including both types of such participating youth) who are victims of trafficking in
persons or sexual exploitation, disaggregated by—
(aa) such youth who
have been coerced or forced into a commercial sex act, as defined in
section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102);
(bb) such youth who
have been coerced or forced into other forms of labor; and
(cc) such youth who
have engaged in a commercial sex act, as so defined, for any reason other
than by coercion or force;
(II) such youth who are pregnant or parenting;
(III) such youth who have been involved in the child welfare system; and
(IV) such youth who have been involved in the juvenile justice system; and
; and
(ii) in clause (ii), by striking and at the end;
(H) in paragraph (14), as so redesignated, by striking the period and inserting for natural disasters, inclement weather, and mental health emergencies;; and
(I) by adding at the end the following:
(15) shall provide age, gender, and culturally and
linguistically appropriate services to runaway and homeless youth; and
(16) shall assist youth in completing the Free Application for Federal Student Aid described in section
483 of the Higher Education Act of 1965 (20 U.S.C. 1090).
; and
(2) in subsection (d)—
(A) in paragraph (1)—
(i) by inserting age, gender, and culturally and linguistically appropriate after provide;
(ii) by striking families (including unrelated individuals in the family households) of such youth and inserting families of such youth (including unrelated individuals in the family households of such youth and,
if appropriate, individuals identified by such youth as family); and
(iii) by inserting suicide prevention, after physical health care,; and
(B) in paragraph (4), by inserting , including training on trauma-informed and youth-centered care after home-based services.
(c)
Approval of applications
Section 313(b) (42 U.S.C. 5713(b)) is amended—
(1) by striking priority to and all that follows through who and inserting priority to eligible applicants who;
(2) by striking ; and and inserting a period; and
(3) by striking paragraph (2).
104.
Transitional living grant program
Section 322(a) (42 U.S.C. 5714–2(a)) is amended—
(1) in paragraph (1)—
(A) by inserting age, gender, and culturally and linguistically appropriate before information and counseling services; and
(B) by striking job attainment skills, and mental and physical health care and inserting job attainment skills, mental and physical health care, and suicide prevention services;
(2) by redesignating paragraphs (3) through (8) and (9) through (16) as paragraphs (5) through (10) and
(12) through (19), respectively;
(3) by inserting after paragraph (2) the following:
(3) to provide counseling to homeless youth and to encourage, if appropriate, the involvement in such
counseling of their parents or legal guardians, or (if appropriate)
individuals identified by such youth as family;
(4) to provide aftercare services, if possible, to homeless youth who have received shelter and
services from a
transitional living youth project, including (to the extent practicable)
such youth who, after receiving such shelter and services, relocate to a
State other than the State
in which such project is located;
;
(4) in paragraph (9), as so redesignated—
(A) by inserting age, gender, and culturally and linguistically appropriate after referral of homeless youth to;
(B) by striking and health care programs and inserting mental health service and health care programs, including programs providing comprehensive services
to
victims of trafficking in persons or sexual
exploitation,; and
(C) by striking such services for youths; and inserting such programs described in this paragraph;;
(5) by inserting after paragraph (10), as so redesignated, the
following:
(11) to develop a plan to provide age, gender, and culturally and linguistically
appropriate services that address the needs of homeless and street youth;
;
(6) in paragraph (12), as so redesignated, by striking the applicant and statistical through who participate in such project, and inserting the applicant, statistical summaries describing the number, the characteristics, and the
demographic information of the homeless youth who participate in such
project, including the prevalence of trafficking in persons and sexual
exploitation of such youth,; and
(7) in paragraph (19), as so redesignated, by inserting regarding responses to natural disasters, inclement weather, and mental health emergencies after management plan.
105.
Coordinating, training, research, and other activities
(a)
Coordination
Section 341 (42 U.S.C. 5714–21) is amended—
(1) in the matter preceding paragraph (1), by inserting safety, well-being, after health,; and
(2) in paragraph (2), by striking other Federal entities and inserting the Department of Housing and Urban Development, the Department of Education, the Department of
Labor, and the Department of Justice.
(b)
Grants for technical assistance and training
Section 342 (42 U.S.C. 5714–22) is amended by inserting , including onsite and web-based techniques, such as on-demand and online learning, before to public and private entities.
(c)
Grants for research, evaluation, demonstration, and service projects
Section 343 (42 U.S.C. 5714–23) is amended—
(1) in subsection (b)—
(A) in paragraph (5)—
(i) in subparagraph (A), by inserting violence, trauma, and before sexual abuse and assault;
(ii) in subparagraph (B), by striking sexual abuse and assault; and and inserting sexual abuse or assault, trafficking in persons, or sexual exploitation;;
(iii) in subparagraph (C), by striking who have been sexually victimized and inserting who are victims of sexual abuse or assault, trafficking in persons, or sexual exploitation; and
(iv) by adding at the end the following:
(D) best practices for identifying and providing age, gender, and culturally and linguistically
appropriate services to—
(i) vulnerable and underserved youth populations;
and
(ii) youth who are victims of trafficking in persons or sexual exploitation; and
(E) verifying youth as runaway or homeless to complete the Free Application for Federal Student Aid
described in section
483 of the Higher Education Act of 1965 (20 U.S.C. 1090);
;
(B) in paragraph (9), by striking and at the end;
(C) in paragraph (10), by striking the period and inserting ; and; and
(D) by adding at the end the following:
(11) examining the intersection between the runaway and homeless youth populations and
trafficking in persons, including noting whether such youth who are
victims of trafficking in persons were previously
involved in the child welfare or juvenile justice systems.
; and
(2) in subsection (c)(2)(B), by inserting , including such youth who are victims of trafficking in persons or sexual exploitation after runaway or homeless youth.
(d)
Periodic estimate of incidence and prevalence of youth homelessness
Section 345 (42 U.S.C. 5714–25) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking 13 and inserting 12; and
(ii) by striking and at the end;
(B) in paragraph (2), by striking the period and inserting a semicolon; and
(C) by adding at the end the following:
(3) that includes demographic information about and characteristics of runaway or homeless youth,
including such youth who are victims of trafficking in persons or
sexual exploitation; and
(4) that does not disclose the identity of any runaway or homeless youth.
; and
(2) in subsection (b)(1)—
(A) in the matter preceding subparagraph (A), by striking 13 and inserting 12;
(B) in subparagraph (A), by striking and at the end;
(C) by redesignating subparagraph (B) as subparagraph (C);
(D) by inserting after subparagraph (A) the following:
(B) incidences, if any, of—
(i) such individuals who are victims of trafficking in persons; or
(ii) such individuals who are victims of sexual
exploitation; and
; and
(E) in subparagraph (C), as so redesignated—
(i) in clause (ii), by striking ; and and inserting , including mental health services;; and
(ii) by adding at the end the following:
(iv) access to education and job training; and
.
106.
Sexual abuse prevention program
Section 351 (42 U.S.C. 5714–41) is amended—
(1) in subsection (a)—
(A) by inserting public and before nonprofit; and
(B) by striking prostitution, or sexual exploitation. and inserting violence, trafficking in persons, or sexual exploitation.; and
(2) by adding at the end the following:
(c)
Eligibility requirements
To be eligible to receive a grant under subsection (a), an applicant shall certify to the Secretary
that such applicant has systems in place to ensure that such applicant can
provide age, gender, and culturally and linguistically appropriate
services to all youth described in subsection (a).
.
107.
General provisions
(a)
Reports
Section 382(a) (42 U.S.C. 5715(a)) is amended—
(1) in paragraph (1)—
(A) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; and
(B) by inserting after subparagraph (A) the following:
(B) collecting data on trafficking in persons and sexual exploitation of runaway and homeless youth;
; and
(2) in paragraph (2)—
(A) by striking subparagraph (A) and inserting the following:
(A) the number and characteristics of homeless youth served by such projects, including—
(i) such youth who are victims of trafficking in persons or sexual exploitation;
(ii) such youth who are pregnant or parenting;
(iii) such youth who have been involved in the child welfare system; and
(iv) such youth who have been involved in the juvenile justice system;
; and
(B) in subparagraph (F), by striking intrafamily problems and inserting problems within the family, including (if appropriate) individuals identified by such youth as
family,.
(b)
Nondiscrimination
Part F is amended by inserting after
section 386A (42 U.S.C. 5732–1) the following:
386B.
Nondiscrimination
(a)
In general
No person in the United States shall, on the basis of actual or perceived race, color, religion,
national origin, sex, gender identity (as defined in section 249(c)(4) of
title 18, United States Code), sexual orientation, or disability, be
excluded from participation in, denied the benefits of, or subjected to
discrimination under any program or activity funded in whole or in part
with funds made available under this title, or any other program or
activity funded in whole or in part with amounts appropriated for grants,
cooperative agreements, or other assistance administered by the
Administration for Children and Families of the Department of Health and
Human Services.
(b)
Disqualification
Any State, locality, organization, agency, or entity that violates the requirements of subsection
(a) shall not be eligible to receive any grant, assistance, or funding
provided under
this title.
386C.
Accountability
(a)
In general
All grants awarded by the Secretary under this title shall be subject to the
following accountability provisions:
(1)
Audit requirement
(A)
Definition
In this paragraph, the term
unresolved audit finding means an audit report finding in the
final audit report of the Inspector General of the Department of Health
and Human Services
that
the grantee has used grant funds for an unauthorized expenditure or
otherwise
unallowable cost that is not closed or resolved during the 12-month period
beginning on the date on which the final audit report is issued.
(B)
Requirement
Beginning in the first fiscal year
beginning after the date of enactment of the Runaway and Homeless Youth
and Trafficking Prevention Act, and in each fiscal year
thereafter, the Inspector General of the Department of Health and Human
Services shall
conduct
audits of recipients of grants under this title to prevent waste, fraud,
and abuse of funds by grantees. The Inspector
General
shall determine the appropriate number of grantees to be audited each
year.
(C)
Mandatory exclusion
A recipient of grant funds under this title
that is found to have an unresolved audit
finding shall not be eligible to receive grant funds under this title
during the first 2 fiscal years beginning after the
end
of the 12-month period described in subparagraph (A).
(D)
Priority
In awarding grants under this title, the Secretary shall give priority to
eligible
applicants that did not have an unresolved audit finding during the 3
fiscal
years before submitting an application for a grant under this title.
(E)
Reimbursement
If an entity is awarded grant funds under
this title during the 2-fiscal-year period
during which the entity is barred from receiving grants under subparagraph
(C),
the Secretary shall—
(i) deposit an amount equal to the amount of
the grant funds that were improperly awarded to the grantee into the
General
Fund of the Treasury; and
(ii) seek to recoup the costs of the repayment
to the fund from the grant recipient that was erroneously awarded grant
funds.
(2)
Nonprofit organization
requirements
(A)
Definition
For purposes of this paragraph and the
grant programs under this title, the term
nonprofit organization means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from
taxation under section 501(a) of such Code.
(B)
Prohibition
The Secretary may not award a grant
under this title to a nonprofit
organization
that holds money in offshore accounts for the purpose of avoiding paying
the
tax described in section 511(a) of the Internal Revenue Code of 1986.
(C)
Disclosure
Each nonprofit organization that is awarded
a grant under this title and uses the
procedures prescribed in regulations to create a rebuttable presumption of
reasonableness for the compensation of its officers, directors, trustees,
and
key employees, shall disclose to the Secretary, 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 Secretary shall make the
information
disclosed under this subparagraph available for public inspection.
(3)
Conference expenditures
(A)
Limitation
No amounts authorized to be appropriated to
the Department of Health and Human Services under this title
may
be used by the Secretary, or by any individual or entity awarded
discretionary funds through a cooperative agreement under this title, to
host or support any expenditure for conferences
that
uses more than $20,000 in funds made available to the Department of
Health and Human Services,
unless the Deputy Secretary or the appropriate Assistant Secretary,
Director, or principal deputy (as designated by the Deputy
Secretary) provides prior written authorization that the funds may be
expended to
host the conference.
(B)
Written approval
Written approval under subparagraph (A)
shall include a written estimate of all costs associated with the
conference,
including the cost of all food, beverages, audio-visual equipment,
honoraria
for speakers, and entertainment.
(C)
Report
The Deputy Secretary shall submit an
annual report to the Committee on the Judiciary of the Senate and the
Committee
on Education and the Workforce of the House of Representatives
on all conference
expenditures
approved under this paragraph.
(4)
Annual certification
Beginning in the first fiscal year
beginning after the date of enactment of the Runaway and Homeless Youth
and Trafficking Prevention Act, the Secretary
shall
submit, to the Committee on the Judiciary and the Committee on
Appropriations
of the Senate and the Committee on Education and the Workforce and the
Committee on
Appropriations of the House of Representatives, an annual certification
indicating whether—
(A) all audits issued by the Office of the
Inspector General under paragraph (1) have been completed and reviewed by
the
appropriate Assistant Secretary or Director;
(B) all mandatory exclusions required under
paragraph (1)(C) have been issued;
(C) all reimbursements required under paragraph
(1)(E) have been made; and
(D) includes a list of any grant recipients
excluded under paragraph (1) from the previous year.
(5)
Prohibition on lobbying activity
(A)
In general
Amounts authorized to be appropriated under this title may not be utilized by any grant recipient
to—
(i) lobby any representative of the Department of Health and Human Services 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)
Penalty
If the Secretary determines that any recipient of a grant under this title has violated
subparagraph (A), the Secretary shall—
(i) require the grant recipient to repay the grant amount in full; and
(ii) prohibit the grant recipient from receiving another grant under this title for not less than 5
years.
(b)
Definition
In this section, the term grant includes a contract or agreement for Federal financial assistance.
.
(c)
Definitions
Section 387 (42 U.S.C. 5732a) is amended—
(1) by redesignating paragraphs (1) through (6), and (7) and (8), as paragraphs (2) through (7), and
(9) and (10), respectively;
(2) by inserting before paragraph (2), as so redesignated, the following:
(1)
Culturally and linguistically appropriate
The term culturally and linguistically appropriate, with respect to services, has the meaning given the term culturally and linguistically appropriate services in the National Standards for Culturally and Linguistically Appropriate Services in Health and Health Care, issued in April 2013, by the Office of Minority Health of the Department of Health and Human
Services.
;
(3) in paragraph (6)(B)(v), as so redesignated—
(A) by redesignating subclauses (II) through (IV) as subclauses (III) through (V), respectively;
(B) by inserting after subclause (I), the following:
(II) trafficking in persons;
;
(C) in subclause (IV), as so redesignated—
(i) by striking diseases and inserting infections; and
(ii) by striking and at the end;
(D) in subclause (V), as so redesignated, by striking the period and
inserting ; and; and
(E) by adding at the end the following:
(VI) suicide.
;
(4) in paragraph (7)(B), as so redesignated, by striking prostitution, and inserting trafficking in persons,;
(5) by inserting after paragraph (7), as so redesignated, the following:
(8)
Trafficking in persons
The term trafficking in persons has the meaning given the term severe forms of trafficking in persons in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
;
(6) in paragraph (9), as so redesignated—
(A) by inserting to homeless youth after provides; and
(B) by inserting , to establish a stable family or community supports, after self-sufficient living; and
(7) in paragraph (10)(B), as so redesignated—
(A) in clause (ii)—
(i) by inserting or able after willing; and
(ii) by striking or at the end;
(B) in clause (iii), by striking the period and inserting ; or; and
(C) by adding at the end the following:
(iv) who is involved in the child welfare or juvenile justice system, but who is not receiving
government-funded housing.
.
(d)
Authorization of appropriations
Section 388(a) (42 U.S.C. 5751(a)) is amended—
(1) in paragraph (1), by striking for fiscal year 2009, and all that follows through the period and inserting for each of fiscal years 2015 through 2019.;
(2) in paragraph (3)(B), by striking such sums as may be necessary for fiscal years 2009, 2010, 2011, 2012, and 2013. and inserting $2,000,000 for each of fiscal years 2015 through 2019.; and
(3) in paragraph (4), by striking for fiscal year 2009 and all that follows through the period and inserting for each of fiscal years 2015 through 2019..
II
Combatting Human Trafficking
201.
Short
title
This title may be cited as
the Justice for Victims of Trafficking
Act of 2014.
202.
Domestic
trafficking victims' fund
(a)
In
general
Chapter 201 of title 18, United States Code, is amended
by adding at the end the following:
3014.
Additional
special assessment
(a) In addition to
the assessment imposed under section 3013, the court shall assess
an amount of
$5,000 on any 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 person induced, assisted, abetted, or aided
only an individual who at the time of such action was the alien’s spouse,
parent, son, or daughter (and no other individual) to enter the United
States in violation of law.
(b) An assessment
under subsection (a) shall not be payable until the person subject
to the
assessment has satisfied all outstanding court-ordered fines and
orders of restitution arising from the
criminal convictions on which the special assessment is based.
(c) There is
established in the Treasury of the United States a fund, to be
known as the
Domestic Trafficking Victims' Fund (referred to in this section
as the Fund), to be administered by the Attorney General, in
consultation with the Secretary of Homeland Security and the
Secretary of
Health and Human Services.
(d) Notwithstanding
section 3302 of title 31, United States Code, or any other law
regarding the
crediting of money received for the Government, there shall be
deposited in the
Fund an amount equal to the amount of the assessments collected
under this
section, which shall remain available until expended.
(e)
(1) From amounts in the
Fund, in addition to any other amounts available, and without
further appropriation, the Attorney General, in
coordination
with the Secretary of Health and Human Services shall, for each of
fiscal years
2015 through 2019, use amounts available in the Fund to award
grants or enhance
victims' programming under—
(A) sections 202, 203, and 204 of the
Trafficking Victims Protection Reauthorization Act of 2005 (42
U.S.C. 14044a,
14044b, and 14044c);
(B) subsections
(b)(2) and (f) of section 107 of the Trafficking Victims Protection
Act of 2000
(22 U.S.C. 7105); and
(C) section 214(b) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13002(b)).
(2) Of the amounts in the Fund used under paragraph (1), not less than $2,000,000 shall be used for
grants to provide services for child pornography victims under section
214(b) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13002(b)).
(f)
(1) Effective on the day
after the date of enactment of the Justice for Victims of Trafficking Act of 2014, on September 30 of each
fiscal year, all unobligated balances in the Fund shall be
transferred to the
Crime Victims Fund established under section 1402 of the Victims of
Crime Act
of 1984 (42 U.S.C. 10601).
(2) Amounts transferred under paragraph
(1)—
(A) shall be available for any authorized
purpose of the Crime Victims Fund; and
(B) shall remain available until
expended.
(g) The amount
assessed under subsection (a) shall, subject to subsection (b), be
collected in the manner that fines are
collected in criminal cases.
(h) The obligation to
pay an assessment imposed on or after the date of enactment of the
Justice for Victims of Trafficking Act of 2014 shall not cease until the assessment is paid in
full.
.
(b)
Technical and
conforming amendment
The table of sections for chapter 201 of
title 18, United States Code, is amended by inserting after the item
relating
to section 3013 the following:
3014. Additional special
assessment.
.
203.
Official recognition of
American victims of human trafficking
Section 107(f) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105) is amended by
adding at the end the following:
(4)
Official recognition of american victims of human trafficking
(A)
In general
Upon receiving credible information that establishes by a preponderance of the evidence that a
covered individual is a victim of a severe form of trafficking and at the
request of the covered individual, the Secretary of Health and Human
Services shall promptly issue a determination that the covered individual
is a victim of a severe form of trafficking. The Secretary shall have
exclusive authority to make such a determination.
(B)
Covered individual defined
In this subsection, the term covered individual means—
(i) a citizen of the United States; or
(ii) an alien lawfully admitted for permanent residence (as that term is defined in section 101(20) of
the Immigration and Nationality Act (8 U.S.C. 1101(20))).
(C)
Procedure
For purposes of this paragraph, in determining whether a covered individual has provided credible
information that the covered individual is a victim of a severe form of
trafficking, the Secretary of Health and Human Services shall consider all
relevant and credible evidence, and if appropriate, consult with the
Attorney General, the Secretary of Homeland Security, or the Secretary of
Labor.
(D)
Presumptive evidence
For purposes of this paragraph, the following forms of evidence shall receive deference in
determining whether a covered individual has established that the covered
individual is a victim of a severe form of trafficking:
(i) A sworn statement by the covered individual or a representative of the covered individual if the
covered individual is present at the time of such statement but not able
to competently make such sworn statement.
(ii) Police, government agency, or court records or files.
(iii) Documentation from a social services, trafficking, or domestic violence program, child welfare or
runaway and homeless youth program, or a legal, clinical, medical, or
other professional from whom the covered individual has sought assistance
in dealing with the crime.
(iv) A statement from any other individual with knowledge of the circumstances that provided the basis
for the claim.
(v) Physical evidence.
(E)
Regulations required
Not later than 18 months after the date of enactment of the Justice for Victims of Trafficking Act of 2014, the Secretary of Health and Human Services shall adopt
regulations to implement this paragraph.
(F)
Rule of construction; official recognition optional
Nothing in this paragraph shall be construed to require a covered individual to obtain a
determination under this paragraph in order to be defined or classified
as a victim of a severe form of trafficking under this section.
.
204.
Victim-centered
human trafficking deterrence block grant program
(a)
In general
Section 203 of the Trafficking Victims
Protection Reauthorization Act of 2005 (42 U.S.C. 14044b) is amended to
read as
follows:
203.
Victim-centered
child human trafficking deterrence block grant program
(a)
Grants
authorized
The Attorney General may make block grants to an
eligible entity to develop, improve, or expand comprehensive
domestic child human
trafficking deterrence programs that assist law enforcement
officers,
prosecutors, judicial officials, and qualified victims' services
organizations
in collaborating to rescue and restore the lives of victims, while
investigating and prosecuting offenses involving child human
trafficking.
(b)
Authorized
activities
Grants awarded under subsection (a) may be used
for—
(1) the establishment
or enhancement of specialized training programs for law enforcement
officers,
first responders, health care officials, child welfare officials,
juvenile
justice personnel, prosecutors, and judicial personnel to—
(A) identify victims
and acts of child human trafficking;
(B) address the
unique needs of child victims of human trafficking;
(C) facilitate the
rescue of child victims of human trafficking;
(D) investigate and
prosecute acts of human trafficking, including the soliciting,
patronizing, or
purchasing of commercial sex acts from children, as well as
training to build
cases against complex criminal networks involved in child human
trafficking;
(E) use laws that
prohibit acts of child human trafficking, child sexual abuse, and
child rape, and to assist in the development of
State and local laws to prohibit, investigate, and prosecute acts
of child human trafficking; and
(F) implement and provide education on safe harbor laws enacted by States, aimed at preventing the
criminalization and prosecution of child sex trafficking victims for
prostitution offenses;
(2) the establishment
or enhancement of dedicated anti-trafficking law enforcement units
and task
forces to investigate child human trafficking offenses and to
rescue victims,
including—
(A) funding salaries,
in whole or in part, for law enforcement officers, including patrol
officers,
detectives, and investigators, except that the percentage of the
salary of the
law enforcement officer paid for by funds from a grant awarded
under this
section shall not be more than the percentage of the officer’s time
on duty
that is dedicated to working on cases involving child human
trafficking;
(B) investigation
expenses for cases involving child human trafficking, including—
(i) wire taps;
(ii) consultants with
expertise specific to cases involving child human trafficking;
(iii) travel;
and
(iv) other technical
assistance expenditures;
(C) dedicated
anti-trafficking prosecution units, including the funding of
salaries for State
and local prosecutors, including assisting in paying trial expenses
for
prosecution of child human trafficking offenders, except that the
percentage of
the total salary of a State or local prosecutor that is paid using
an award
under this section shall be not more than the percentage of the
total number of
hours worked by the prosecutor that is spent working on cases
involving child
human trafficking;
(D) the establishment
of child human trafficking victim witness safety, assistance, and
relocation
programs that encourage cooperation with law enforcement
investigations of
crimes of child human trafficking by leveraging existing resources
and delivering
child human trafficking victims’ services through coordination
with—
(i) child advocacy
centers;
(ii) social service
agencies;
(iii) State governmental health service
agencies;
(iv) housing
agencies;
(v) legal services
agencies; and
(vi) non-governmental
organizations and shelter service providers with substantial
experience in
delivering comprehensive services to victims of child human
trafficking;
and
(E) the establishment or enhancement of other necessary victim assistance programs or personnel, such
as victim or child advocates, child-protective services, child forensic
interviews, or other necessary service providers; and
(3) the establishment
or enhancement of problem solving court programs for trafficking
victims that
include—
(A) mandatory and
regular training requirements for judicial officials involved in
the
administration or operation of the court program described under
this
paragraph;
(B) continuing
judicial supervision of victims of child human trafficking who have
been
identified by a law enforcement or judicial officer as a potential
victim of
child human trafficking, regardless of whether the victim has been
charged with a
crime related to human trafficking;
(C) the development
of a specialized and individualized, court-ordered treatment
program for
identified victims of child human trafficking, including—
(i) State-administered outpatient
treatment;
(ii) life skills
training;
(iii) housing
placement;
(iv) vocational
training;
(v) education;
(vi) family support
services; and
(vii) job
placement;
(D) centralized case
management involving the consolidation of all of each child human
trafficking
victim’s cases and offenses, and the coordination of all
trafficking victim
treatment programs and social services;
(E) regular and
mandatory court appearances by the victim during the duration of
the treatment
program for purposes of ensuring compliance and effectiveness;
(F) the ultimate
dismissal of relevant non-violent criminal charges against the
victim, where
such victim successfully complies with the terms of the
court-ordered treatment
program; and
(G) collaborative
efforts with child advocacy centers, child welfare agencies,
shelters, and non-governmental
organizations to provide comprehensive services to victims and
encourage
cooperation with law enforcement.
(c)
Application
(1)
In
general
An eligible entity shall submit an application to the
Attorney General for a grant under this section in such form and
manner as the
Attorney General may require.
(2)
Required
information
An application submitted under this subsection
shall—
(A) describe the
activities for which assistance under this section is sought;
(B) include a
detailed plan for the use of funds awarded under the grant; and
(C) provide such
additional information and assurances as the Attorney General
determines to be
necessary to ensure compliance with the requirements of this
section.
(3)
Preference
In reviewing applications submitted in accordance with paragraphs (1) and (2), the
Attorney General shall give preference to grant applications if—
(A) the application
includes a plan to use awarded funds to engage in all activities
described
under paragraphs (1) through (3) of subsection (b); or
(B) the application
includes a plan by the State or unit of local government to
continue funding of
all activities funded by the award after the expiration of the
award.
(d)
Duration and
renewal of award
(1)
In
general
A grant under this section shall expire 3 years after the
date of award of the grant.
(2)
Renewal
A
grant under this section shall be renewable not more than 2 times
and for a
period of not greater than2 years.
(e)
Evaluation
The
Attorney General shall enter into a contract with a
non-governmental organization, including an academic or
non-profit
organization, that has experience in 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.
(f)
Mandatory
exclusion
An eligible entity awarded funds under this section
that is found to have used grant funds for any unauthorized
expenditure or
otherwise unallowable cost shall not be eligible for any grant
funds awarded
under the block grant for 2 fiscal years following the year in
which the
unauthorized expenditure or unallowable cost is reported.
(g)
Compliance
Requirement
An eligible entity shall not be eligible to receive a
grant under this section if within the 5 fiscal years before
submitting an
application for a grant under this section, the grantee has been
found to have
violated the terms or conditions of a Government grant program by
utilizing
grant funds for unauthorized expenditures or otherwise unallowable
costs.
(h)
Administrative
Cap
The cost of administering the grants authorized by this
section shall not exceed 5 percent of the total amount expended
to carry
out this section.
(i)
Federal
share
The Federal share of the cost of a program funded by a
grant awarded under this section shall be—
(1) 70 percent in the
first year;
(2) 60 percent in the
second year; and
(3) 50 percent in the
third year, and all subsequent years.
(j)
Authorization
of funding; fully offset
For purposes of carrying out this
section, the Attorney General, in consultation with the Secretary
of Health and
Human Services, is authorized to award not more than $7,000,000 of
the funds
available in the Domestic Trafficking Victims’ Fund, established
under section
3014 of title 18, United States Code, for each of fiscal years 2015
through
2019.
(k)
Definitions
In
this section—
(1) the term
child means a person under the age of 18;
(2) the term
child advocacy center means a center created under subtitle A of
the Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.);
(3) the term child human trafficking means 1 or more severe forms of trafficking in persons (as defined in section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)) involving a
victim who is a child; and
(4) the term
eligible entity means a State or unit of local government
that—
(A) has significant
criminal activity involving child human trafficking;
(B) has demonstrated
cooperation between Federal, State, local, and, where applicable,
tribal law
enforcement agencies, prosecutors, and social service providers in
addressing
child human trafficking;
(C) has developed a
workable, multi-disciplinary plan to combat child human
trafficking,
including—
(i) the establishment
of a shelter for victims of child human trafficking, through
existing or new
facilities;
(ii) the provision of
trauma-informed, gender-responsive rehabilitative care to victims
of child
human trafficking;
(iii) the provision
of specialized training for law enforcement officers and social
service
providers for all forms of human trafficking, with a focus on
domestic child human
trafficking;
(iv) prevention,
deterrence, and prosecution of offenses involving child human
trafficking,
including soliciting, patronizing, or purchasing human acts with
children;
(v) cooperation or
referral agreements with organizations providing outreach or other
related
services to runaway and homeless youth;
(vi) law enforcement
protocols or procedures to screen all individuals arrested for
prostitution,
whether adult or child, for victimization by sex trafficking and by
other
crimes, such as sexual assault and domestic violence; and
(vii) cooperation or referral agreements with State child welfare agencies and child advocacy centers;
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)
Grant accountability; specialized victims’ service requirement
No grant funds under this section may be awarded or transferred to any entity unless such entity
has demonstrated substantial experience providing services to victims of
human trafficking or related populations (such as runaway and homeless
youth), or employs staff specialized in the treatment of human trafficking
victims.
.
(b)
Table of contents
The table of contents in section 1(b) of the Trafficking Victims Protection Reauthorization Act of
2005 (22 U.S.C. 7101 note) is amended by striking the item relating to
section 203 and inserting the following:
Sec. 203. Victim-centered
child human trafficking deterrence block grant program.
.
205.
Direct services
for victims of child pornography
The Victims of Child Abuse Act of 1990 (42
U.S.C. 13001 et seq.) is amended—
(1) in section 212(5) (42 U.S.C. 13001a(5)), by
inserting , including human trafficking and the production of child
pornography before the semicolon at the end; and
(2) in section 214 (42 U.S.C. 13002)—
(A) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and
(B) by inserting after subsection (a) the following:
(b)
Direct services for victims of child pornography
The Administrator, in coordination with the Director and with the Director of the Office of Victims
of Crime, may make grants to develop and implement specialized programs
to identify and provide direct services to victims of child pornography.
.
206.
Increasing
restitution for trafficking victims
(a)
Title 18
amendments
Section 1594 of title 18, United States Code, is
amended—
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
(f) Notwithstanding any other provision of law, the Attorney General shall transfer assets forfeited
pursuant to this section, or the proceeds derived from the sale thereof,
to satisfy victim restitution orders arising from violations of this
chapter. Such transfers shall have priority over any other claims to the
assets or their proceeds.
.
(b)
Title 28
amendment
Section 524(c)(1)(B) of title 28, United States Code,
is amended by inserting chapter 77 of title 18, after
criminal drug laws of the United States or of.
(c)
Title 31
amendment
Section 9703(a)(2)(B) of title 31, United States Code
(relating to the Department of the Treasury Forfeiture Fund), is amended—
(1) in clause
(iii)(III), by striking and at the end;
(2) in clause (iv),
by striking the period at the end and inserting ; and;
and
(3) by inserting
after clause (iv) the following:
(v) the United States
Immigration and Customs Enforcement with respect to a violation of
chapter 77
of title 18 (relating to human
trafficking).
.
207.
Streamlining State and local human trafficking investigations
Section 2516(2) of title 18, United States Code, is amended by inserting human trafficking, child sexual exploitation, child pornography production, after kidnapping,.
208.
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)
Part 1 violent
crimes To include human trafficking
For purposes of this section, the term
part 1 violent crimes shall include severe forms of trafficking
in persons, as defined in section 103 of the Trafficking Victims
Protection
Act of 2000 (22 U.S.C.
7102).
.
209.
Reducing demand
for sex trafficking
(a)
Clarification of range of conduct punished as sex trafficking
Section 1591 of title 18, United States Code, is
amended—
(1) in subsection
(a)(1), by striking or maintains and inserting maintains,
patronizes, or solicits;
(2) in subsection
(b)—
(A) in paragraph (1),
by striking or obtained and inserting obtained,
patronized, or solicited; and
(B) in paragraph (2),
by striking or obtained and inserting obtained,
patronized, or solicited; and
(3) in subsection
(c)—
(A) by striking
or maintained and inserting , maintained, patronized, or
solicited; and
(B) by striking
knew that the person and inserting knew, or recklessly
disregarded the fact, that the person.
(b)
Definition
amended
Section 103(10) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7102(10)) is amended by striking or obtaining
and inserting obtaining, patronizing, or soliciting.
(c)
Purpose
The purpose of the amendments made by this section is to clarify the range of conduct punished as
sex trafficking.
210.
Using existing
task forces to target offenders who exploit children
Not later than 180 days after the date of
enactment of this Act, the Attorney General shall ensure that all task
forces
and working groups within the Innocence Lost National Initiative engage in
activities, programs, or operations to increase the investigative
capabilities
of State and local law enforcement officers in the detection,
investigation,
and prosecution of persons who patronize, or solicit children for sex.
211.
Grant Accountability
(a)
Definition
In this section, the term covered
grant means a grant awarded by the Attorney General under section 203 of
the Trafficking Victims Protection Reauthorization Act (42 U.S.C. 14044b).
(b)
Accountability
All covered grants shall be subject to the
following accountability provisions:
(1)
Audit requirement
(A)
In general
Beginning in the first fiscal year beginning after the date of the 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)
Definition
In this paragraph, the term unresolved audit finding means a finding in the final audit report of the Inspector General of the Department of Justice
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)
Mandatory exclusion
A recipient of a covered grant that is found to have an unresolved audit finding shall not be
eligible to receive a covered grant during the following 2 fiscal years.
(D)
Priority
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)
Reimbursement
If an entity is awarded a covered 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)
Nonprofit organization requirements
(A)
Definition
For purposes of this paragraph and covered grants, the term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986
and is exempt from taxation under section 501(a) of such Code.
(B)
Prohibition
The Attorney General may not award a covered grant to a nonprofit organization that holds money in
offshore accounts for the purpose of avoiding paying the tax described in
section 511(a) of the Internal Revenue Code of 1986.
(C)
Disclosure
Each nonprofit organization that is awarded a covered grant and uses the procedures prescribed in
regulations to create a rebuttable presumption of reasonableness for the
compensation of its officers, directors, trustees and key employees, shall
disclose to the Attorney General, in the application for the grant, the
process for determining such compensation, including the independent
persons involved in reviewing and approving such compensation, the
comparability data used, and contemporaneous substantiation of the
deliberation and decision. Upon request, the Attorney General shall make
the information disclosed under this subsection available for public
inspection.
(3)
Conference expenditures
(A)
Limitation
No amounts authorized to be appropriated to the Department of Justice under this Act, or the
amendments made by this Act, may be used by the Attorney General, or by
any individual or organization awarded discretionary funds through a
cooperative agreement under this Act, or the amendments made by this Act,
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)
Written approval
Written approval under subparagraph (A) shall include a written estimate of all costs associated
with the conference, including the cost of all food and beverages,
audiovisual equipment, honoraria for speakers, and any entertainment.
(C)
Report
The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of Representatives
on all approved conference expenditures referenced in this paragraph.
(D)
Annual certification
Beginning in the first fiscal year beginning after the date of the enactment of this Act, the
Attorney General shall submit, to the Committee on the Judiciary and the
Committee on Appropriations of the Senate and the Committee on the
Judiciary and the Committee on Appropriations of the House of
Representatives, an annual certification 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 General or Director;
(ii) all mandatory exclusions required under paragraph (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)
Prohibition on lobbying activity
(A)
In general
Amounts authorized to be appropriated under this Act, or any amendments made by this Act, may not
be utilized by any grant recipient to—
(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)
Penalty
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.
III
Other Matters
301.
Response to missing children and victims of child sex trafficking
(a)
Missing Children's Assistance Act
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 prostitution and inserting child sex trafficking.
(b)
Crime Control Act of 1990
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 within the previous 180 days after dental records;
(C) in subparagraph (B), by striking and at the end;
(D) by redesignating subparagraph (C) as subparagraph (D);
(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 systems 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 Information Center Terminal Contractor for the State to
update the missing person record in the National Crime Information Center
computer networks with additional information learned during the
investigation relating to the missing person.
.
302.
Combat Human Trafficking Act
(a)
Short title
This section may be cited as the Combat Human Trafficking Act of 2014.
(b)
Bureau of Justice Statistics report on State enforcement of sex trafficking prohibitions
(1)
Definitions
In this subsection—
(A) 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);
(B) the term covered offense means the provision, obtaining, patronizing, or soliciting of a commercial sex act involving a
person subject to severe forms of trafficking in persons; and
(C) 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, investigation, or
prosecution of any violation of criminal law.
(2)
Report
The Director of the Bureau of Justice Statistics shall—
(A) prepare an annual report on—
(i) 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
(ii) sentences imposed on individuals convicted in State court systems for a covered offense; and
(B) submit the annual report prepared under subparagraph (A) to—
(i) the Committee on the
Judiciary of the House of Representatives;
(ii) the Committee on the Judiciary of the Senate;
(iii) the Task Force;
(iv) 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
(v) the Attorney General.
(c)
Department of Justice training and policy
(1)
Definitions
In this subsection—
(A) the terms commercial sex act and State have the meaning given those terms in section 103 of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7102);
(B) the term Federal law enforcement officer has the meaning given the term in section 115 of title 18, United States Code;
(C) 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; and
(D) 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, investigation, or
prosecution of any violation of criminal law.
(2)
Training
The Attorney General 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 local law enforcement officers, includes
technical training on effective methods for investigating and prosecuting
individuals who
obtain, patronize, or
solicit commercial sex acts.
(3)
Policy for Federal law enforcement officers
The Attorney General shall ensure that Federal law enforcement officers are engaged in activities,
programs, or operations involving the detection, investigation, and
prosecution of individuals described in paragraph (2).
(d)
Wiretap authority for human trafficking violations
Section 2516(1)(c) of title 18, United States Code, is amended—
(1) by inserting before section 1591 the following: section 1581 (peonage), section 1584 (involuntary servitude), section 1589 (forced labor), section
1590 (trafficking with respect to peonage, slavery, involuntary servitude,
or forced labor),; and
(2) by inserting before section 1751 the following: section 1592 (unlawful conduct with respect to documents in furtherance of trafficking, peonage,
slavery, involuntary servitude, or forced labor),.
(e)
Strengthening crime victims' rights
(1)
Notification of plea agreement or other agreement
Section 3771(a) of title 18, United States Code, is amended by adding at the end the following:
(9) The right to be informed in a timely manner of any plea agreement or deferred prosecution
agreement.
.
(2)
Appellate review of petitions relating to crime victims' rights
(A)
In general
Section 3771(d)(3) of title 18, United States Code, 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..
(B)
Application
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.
October 1, 2014Reported with an amendment