[Congressional Record Volume 161, Number 39 (Monday, March 9, 2015)]
[Senate]
[Pages S1337-S1339]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 269. Mr. PORTMAN submitted an amendment intended to be proposed by 
him to the bill S. 178, to provide justice for the victims of 
trafficking; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

              TITLE ___--FAMILY-BASED FOSTER CARE SERVICES

     SEC. __. INCLUSION OF THERAPEUTIC FOSTER CARE AS MEDICAL 
                   ASSISTANCE.

       (a) In General.--Section 1905 of the Social Security Act 
     (42 U.S.C. 1396d) is amended--
       (1) in subsection (a)--
       (A) in paragraph (28), by striking ``and'' at the end;
       (B) by redesignating paragraph (29) as paragraph (30); and
       (C) by inserting after paragraph (28) the following new 
     paragraph:
       ``(29) therapeutic foster care services (to the extent 
     allowed and as defined in subsection (ee)); and''; and
       (2) by adding at the end the following new subsection:
       ``(ee)(1) For purposes of subsection (a)(29), subject to 
     paragraphs (3) and (4), the term `therapeutic foster care 
     services' means services provided for children who have not 
     attained age 21, and who, as a result of mental illness, 
     other emotional or behavioral disorders, medically fragile 
     conditions, or developmental disabilities, need the level of 
     care provided in an institution (including a psychiatric 
     residential treatment facility) or nursing facility the cost 
     of which could be reimbursed under the State plan but who can 
     be cared for or maintained in a community placement, through 
     a qualified therapeutic foster care program described in 
     paragraph (2).
       ``(2) A qualified therapeutic foster care program described 
     in this paragraph is a program that--
       ``(A) is licensed by the State and accredited by the Joint 
     Commission on Accreditation of Healthcare Organizations, the 
     Commission on Accreditation of Rehabilitation Facilities, the 
     Council on Accreditation, or by another equivalent 
     accreditation agency (or agencies) as the Secretary may 
     recognize;
       ``(B) provides structured daily activities, including the 
     development, improvement, monitoring, and reinforcement of 
     age-appropriate social, communication and behavioral skills, 
     trauma-informed and gender-responsive services, crisis 
     intervention and crisis support services, medication 
     monitoring, counseling, and case management, and may furnish 
     other intensive community services; and
       ``(C) provides biological parents, kinship caregivers, and 
     foster care parents with specialized training and 
     consultation in the management of children with mental 
     illness, other emotional or behavioral disorders, medically 
     fragile conditions, developmental disabilities, the impact of 
     trauma on child and caregiver, and specific additional 
     training on the needs of each child provided such services.
       ``(3) In making coverage determinations in accordance with 
     paragraph (1), a State may employ medical necessity criteria 
     that are similar to the medical necessity criteria applied to 
     coverage determinations for other services and supports under 
     this title.
       ``(4) For purposes of subsection (a)(29) and this 
     subsection, therapeutic foster care services shall not 
     include reimbursement for any training referred to in 
     paragraph (2)(C).''.
       (b) Effective Date; Phase-in of Licensure and Accreditation 
     Requirements.--
       (1) Effective date.--The amendments made by subsection (a) 
     shall apply to medical assistance furnished in calendar 
     quarters beginning on or after the date of enactment of this 
     Act.
       (2) Phase-in of licensure and accreditation requirements.--
     The Secretary of Health and Human Services shall issue 
     guidance to phase-in the application of the licensure and 
     accreditation requirements for qualified therapeutic foster 
     care programs specified in section 1905(ee)(2)(A) of the 
     Social Security Act (as added by subsection (a)) over a 3-
     year period. Such guidance shall specify that a therapeutic 
     foster care program that is complying with the phase-in 
     requirements for such licensure and accreditation may be 
     considered to be a qualified therapeutic foster care program 
     for purposes of a State receiving payment under section 1903 
     of the Social Security Act for furnishing medical assistance 
     for therapeutic foster care services provided through such a 
     program if the program also meets the conditions described in 
     subparagraphs (B) and (C) of section 1905(ee)(2) of such Act.
                                 ______
                                 
  SA 270. Mr. PORTMAN submitted an amendment intended to be proposed by 
him to the bill S. 178, to provide justice for the victims of 
trafficking; which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

     TITLE IV--BETTER RESPONSE FOR VICTIMS OF CHILD SEX TRAFFICKING

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Ensuring a Better Response 
     for Victims of Child Sex Trafficking''.

     SEC. 402. CAPTA AMENDMENTS.

       (a) State Plans.--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 identification 
     and assessment of all reports involving children known or 
     suspected to be victims of sex trafficking (as defined in 
     section 103(9)(B) of the Trafficking Victims Protection Act 
     of 2000 (22 U.S.C. 7102 (9)(B)); and
       ``(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, juvenile justice, and social service 
     agencies such as runaway and homeless youth shelters to serve 
     this population;''; 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).''.
       (b) Special Rule.--
       (1) In 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 
     following:
       ``(a) Definitions.--For purposes''; and
       (B) by adding at the end the following:
       ``(b) Special Rule.--
       ``(1) In general.--For purposes of section 3(2) and 
     subsection (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

[[Page S1338]]

     being a victim of sex trafficking (as defined in paragraph 
     (10) of section 103 of the Trafficking Victims Protection 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) State 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) Conforming 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) Technical correction.--Paragraph (5)(C) of subsection 
     (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.''.
                                 ______
                                 
  SA 271. Mr. PORTMAN submitted an amendment intended to be proposed by 
him to the bill S. 178, to provide justice for the victims of 
trafficking; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AMENDMENTS TO THE MCKINNEY-VENTO HOMELESS ASSISTANCE 
                   ACT.

       The McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 
     et seq.) is amended--
       (1) in section 103--
       (A) in subsection (a)--
       (i) in paragraph (5)(A)--

       (I) by striking ``are sharing'' and all that follows 
     through ``charitable organizations,'';
       (II) by striking ``14 days'' each place that term appears 
     and inserting ``30 days'';
       (III) in clause (i), by inserting ``or'' after the 
     semicolon;
       (IV) by striking clause (ii); and
       (V) by redesignating clause (iii) as clause (ii); and

       (ii) by amending paragraph (6) to read as follows:
       ``(6) unaccompanied youth and homeless families with 
     children and youth defined as homeless under other Federal 
     statutes who--
       ``(A) are certified as homeless by the director or designee 
     of a director of a program funded under any other Federal 
     statute; or
       ``(B) have been certified by a director or designee of a 
     director of a program funded under this Act or a director or 
     designee of a director of a public housing agency as lacking 
     a fixed, regular, and adequate nighttime residence, which 
     shall include--
       ``(i) temporarily sharing the housing of another person due 
     to loss of housing, economic hardship, or other similar 
     reason; or
       ``(ii) living in a room in a motel or hotel.''; and
       (B) by adding at the end the following:
       ``(f) Other Definitions.--In this section--
       ``(1) the term `other Federal statute' has the meaning 
     given that term in section 401; and
       ``(2) the term `public housing agency' means an agency 
     described in section 3(b)(6) of the United States Housing Act 
     of 1937 (42 U.S.C. 1437a(b)(6)).'';
       (2) in section 401--
       (A) in paragraph (1)(C)--
       (i) by striking clause (iv); and
       (ii) by redesignating clauses (v), (vi), and (vii) as 
     clauses (iv), (v), and (vi), respectively;
       (B) in paragraph (7)--
       (i) by striking ``Federal statute other than this 
     subtitle'' and inserting ``other Federal statute''; and
       (ii) by inserting ``of'' before ``this Act'';
       (C) by redesignating paragraphs (14) through (33) as 
     paragraphs (15) through (34), respectively; and
       (D) by inserting after paragraph (13) the following:
       ``(14) Other federal statute.--The term `other Federal 
     statute' includes--
       ``(A) the Runaway and Homeless Youth Act (42 U.S.C. 5701 et 
     seq.);
       ``(B) the Head Start Act (42 U.S.C. 9831 et seq.);
       ``(C) subtitle N of the Violence Against Women Act of 1994 
     (42 U.S.C. 14043e et seq.);
       ``(D) section 330(h) of the Public Health Service Act (42 
     U.S.C. 254b(h));
       ``(E) section 17 of the Child Nutrition Act of 1966 (42 
     U.S.C. 1786);
       ``(F) the Higher Education Act of 1965 (20 U.S.C. 1001 et 
     seq.); and
       ``(G) subtitle B of title VII of this Act.'';
       (3) by inserting after section 408 the following:

     ``SEC. 409. AVAILABILITY OF HMIS REPORT.

       ``(a) In General.--The information provided to the 
     Secretary under section 402(f)(3) shall be made publically 
     available on the Internet website of the Department of 
     Housing and Urban Development in aggregate, non-personally 
     identifying reports.
       ``(b) Required Data.--Each report made publically available 
     under subsection (a) shall be updated on at least an annual 
     basis and shall include--
       ``(1) a cumulative count of the number of individuals and 
     families experiencing homelessness;
       ``(2) a cumulative assessment of the patterns of assistance 
     provided under subtitles B and C of this title for the each 
     geographic area involved; and
       ``(3) a count of the number of individuals and families 
     experiencing homelessness that are documented through the 
     HMIS by each collaborative applicant.'';
       (4) in section 422--
       (A) in subsection (a)--
       (i) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (ii) by adding at the end the following:
       ``(2) Restriction.--In awarding grants under paragraph (1), 
     the Secretary may not consider or prioritize the specific 
     homeless populations intended to be served by the applicant 
     if the applicant demonstrates that the project--
       ``(A) would meet the priorities identified in the plan 
     submitted under section 427(b)(1)(B); and
       ``(B) is cost-effective in meeting the overall goals and 
     objectives identified in that plan.''; and
       (B) by striking subsection (j);
       (5) in section 424(d), by striking paragraph (5);
       (6) in section 427(b)--
       (A) in paragraph (1)--
       (i) in subparagraph (A)--

       (I) in clause (vi), by adding ``and'' at the end;
       (II) in clause (vii), by striking ``and'' at the end; and
       (III) by striking clause (viii);

       (ii) in subparagraph (B)--

       (I) in clause (iii), by adding ``and'' at the end;
       (II) in clause (iv)(VI), by striking ``and'' at the end; 
     and
       (III) by striking clause (v);

       (iii) in subparagraph (E), by adding ``and'' at the end;
       (iv) by striking subparagraph (F); and
       (v) by redesignating subparagraph (G) as subparagraph (F); 
     and
       (B) by striking paragraph (3); and
       (7) by amending section 433 to read as follows:

     ``SEC. 433. REPORTS TO CONGRESS.

       ``(a) In General.--The Secretary shall submit to Congress 
     an annual report, which shall--
       ``(1) summarize the activities carried out under this 
     subtitle and set forth the findings, conclusions, and 
     recommendations of the Secretary as a result of the 
     activities; and
       ``(2) include, for the year preceding the date on which the 
     report is submitted--
       ``(A) data required to be made publically available in the 
     report under section 409; and
       ``(B) data on programs funded under any other Federal 
     statute.
       ``(b) Timing.--A report under subsection (a) shall be 
     submitted not later than 4 months after the end of each 
     fiscal year.''.
                                 ______
                                 
  SA 272. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill S. 178, to provide justice for the victims 
of trafficking; which was ordered to lie on the table; as follows:

       On page 95, after line 18, insert the following:

     SEC. ___. FEDERAL CRIMINAL PROCEDURE POST-CONVICTION RELIEF 
                   FOR VICTIMS OF TRAFFICKING.

       (a) In General.--Chapter 237 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 3772. Motion to vacate; expungement; motion to dismiss

       ``(a) Definitions.--In this section--
       ``(1) the term `eligible entity' includes--
       ``(A) a legal aid society or legal services organization 
     that provides indigent legal services;
       ``(B) a nonprofit organization that provides legal services 
     to victims of trafficking; and
       ``(C) a public defender's office;
       ``(2) the terms `employee' and `officer' have the meanings 
     given the terms in section 2105 of title 5; and
       ``(3) the term `victim of trafficking' has the meaning 
     given the term in section 103 of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7102).
       ``(b) Motion to Vacate.--
       ``(1) In general.--A person convicted of any offense 
     against the United States may move the appropriate district 
     court of the United States to vacate the judgment of 
     conviction if the offense was committed as a direct result of 
     the person having been a victim of trafficking.
       ``(2) Contents of motion.--A motion described in paragraph 
     (1) shall--
       ``(A) be in writing;
       ``(B) describe any supporting evidence;
       ``(C) state the offense and
       ``(D) include copies of any documents showing that the 
     movant is entitled to relief under this section.
       ``(3) Hearing.--
       ``(A) Mandatory hearing.--
       ``(i) Motion in opposition to motion to vacate.--Not later 
     than 30 days after the date on which a motion is filed under 
     paragraph (1), the Government may file a motion in opposition 
     of the motion filed under paragraph (1).
       ``(ii) Mandatory hearing.--If the Government files a motion 
     described in clause (i), not later than 15 days after the 
     date on which the motion is filed, the court shall hold a 
     hearing on the motion.
       ``(B) Discretionary hearing.--If the Government does not 
     file a motion described in subparagraph (A)(i), not later 
     than 45 days after the date on which a motion is filed under 
     paragraph (1), the court may hold a hearing on the motion.
       ``(4) Factors.--The court shall grant a motion under this 
     section if, after notice to and

[[Page S1339]]

     opportunity for the Government to be heard, the court finds, 
     by a preponderance of the evidence, that--
       ``(A) the movant was convicted of an offense against the 
     United States; and
       ``(B) the participation in the offense by the movant was a 
     result of the person having been a victim of trafficking.
       ``(5) Supporting evidence.--
       ``(A) Rebuttable presumption.--For purposes of this 
     section, there shall be a rebuttable presumption that the 
     movant is a victim of trafficking if the movant includes in 
     the motion--
       ``(i) a certified copy of an official record of a Federal, 
     State, tribal, or local proceeding, including an approval 
     notice or an enforcement certification generated from a 
     Federal immigration proceeding, that shows that the movant 
     was a victim of trafficking, including a victim of a 
     trafficker charged with a violation of chapter 77; or
       ``(ii) an affidavit or sworn testimony from a trained 
     professional staff member of a victim services organization, 
     an attorney, a member of the clergy, or a medical or other 
     professional from whom the movant has sought assistance in 
     addressing the trauma associated with being a victim of 
     trafficking.
       ``(B) Other evidence.--
       ``(i) In general.--For purposes of this section, in 
     determining whether the movant is a victim of trafficking, 
     the court may consider any other evidence the court 
     determines is of sufficient credibility and probative value, 
     including an affidavit or sworn testimony of the movant.
       ``(ii) Affidavit or sworn testimony of movant sufficient 
     evidence.--The affidavit or sworn testimony of the movant 
     described in clause (i) shall be sufficient evidence to 
     vacate a conviction under this section if the court 
     determines that--

       ``(I) the affidavit or sworn testimony is credible; and
       ``(II) no other evidence is readily available.

       ``(6) Conviction not required.--It shall not be necessary 
     that any person other than the movant be convicted of an 
     offense against the United States before the movant may file 
     a motion under paragraph (1).
       ``(7) Denial of motion.--
       ``(A) In general.--If the court denies a motion filed under 
     paragraph (1), the denial shall be without prejudice.
       ``(B) Reasons for denial.--If the court denies a motion 
     filed under paragraph (1), the court shall state the reasons 
     for the denial in writing.
       ``(C) Reasonable time to cure deficiencies in motion.--If 
     the motion was denied due to a curable deficiency in the 
     motion, the court shall allow the movant sufficient time for 
     the movant to cure the deficiency.
       ``(8) Appeal.--An order granting or denying a motion to 
     vacate under this section may be appealed in accordance with 
     section 1291 of title 28 and section 3731 of this title.
       ``(c) Expungement.--
       ``(1) In general.--If the court grants a motion to vacate 
     under subsection (b), the court shall immediately vacate the 
     conviction, set aside the verdict and enter a judgment of 
     acquittal, and enter an expungement order that directs that 
     there be expunged from all official records all references to 
     the--
       ``(A) arrest of the person for the offense;
       ``(B) the institution of criminal proceedings against the 
     person; and
       ``(C) the results of the proceedings.
       ``(2) Effect.--The effect of an order entered under 
     paragraph (1) shall be to restore the person, in the 
     contemplation of the law, to the status the person occupied 
     before the arrest or the institution of the criminal 
     proceedings.
       ``(d) Pretrial Motion to Dismiss.--
       ``(1) In general.--A person charged with an offense against 
     the United States may move to dismiss the indictment, 
     information, or complaint if the participation in the offense 
     by the person was a result of the person having been a victim 
     of trafficking.
       ``(2) Applicable rules governing motion.--
       ``(A) In general.--A motion described in paragraph (1) 
     shall--
       ``(i) be deemed to be a motion described in rule 
     12(b)(3)(B)(v) of the Federal Rules of Criminal Procedure; 
     and
       ``(ii) except as provided in subparagraph (B), be governed 
     by the rules applicable to that motion.
       ``(B) Ruling on motion.--Notwithstanding rule 12(d) of the 
     Federal Rules of Criminal Procedure, the court--
       ``(i) shall decide a motion under this subsection before 
     trial; and
       ``(ii) may not defer ruling on the motion until during or 
     after trial.
       ``(e) Additional Actions by Court.--The court may, upon 
     granting a motion under this section take such additional 
     action as the court determines is appropriate.
       ``(f) Confidentiality of Movant.--
       ``(1) In general.--A motion under this section and any 
     documents, pleadings, or orders relating to the motion shall 
     be filed under seal.
       ``(2) Information not available for public inspection.--No 
     officer or employee may make any report, paper, picture, 
     photograph, court file or other document, in the custody or 
     possession of the officer or employee, that identifies the 
     movant available for public inspection.
       ``(g) Applicability.--This section shall apply to any 
     conviction before or on or after the date of enactment of 
     this section.
       ``(h) Grant for Best Practices.--
       ``(1) In general.--On and after the date that is 1 year 
     after the date of enactment of this section, the Attorney 
     General of the United States may make grants to eligible 
     entities to develop, improve, or expand legal services to 
     carry out this section.
       ``(2) Authorization of appropriations.--There is authorized 
     to be appropriated such sums as are necessary to carry out 
     this section, including providing organizations and agencies 
     with funds to train legal aid services on motions practices 
     under this section.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections of chapter 237 of title 18, United States Code, is 
     amended by adding at the end the following:

``3772. Motion to vacate; expungement; motion to dismiss.''.

                          ____________________