[Congressional Record Volume 161, Number 41 (Wednesday, March 11, 2015)]
[Senate]
[Pages S1441-S1449]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 285. Mr. TOOMEY (for himself and Mr. Manchin) 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 __--SCHOOL EMPLOYEE BACKGROUND CHECKS

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Protecting Students from 
     Sexual and Violent Predators Act''.

     SEC. _02. BACKGROUND CHECKS.

       (a) Background Checks.--Not later than 2 years after the 
     date of enactment of this Act, each State educational agency, 
     or local educational agency in the case of a local 
     educational agency designated under State law, that receives 
     funds under the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6301 et seq.) shall have in effect policies 
     and procedures that--
       (1) require that a criminal background check be conducted 
     for each school employee that includes--
       (A) a search of the State criminal registry or repository 
     of the State in which the school employee resides;
       (B) a search of State-based child abuse and neglect 
     registries and databases of the State in which the school 
     employee resides;
       (C) a Federal Bureau of Investigation fingerprint check 
     using the Integrated Automated Fingerprint Identification 
     System; and
       (D) a search of the National Sex Offender Registry 
     established under section 119 of the Adam Walsh Child 
     Protection and Safety Act of 2006 (42 U.S.C. 16919);
       (2) prohibit the employment of a school employee as a 
     school employee if such employee--
       (A) refuses to consent to a criminal background check under 
     paragraph (1);
       (B) makes a false statement in connection with such 
     criminal background check;
       (C) has been convicted of a felony consisting of--
       (i) murder;
       (ii) child abuse or neglect;
       (iii) a crime against children, including child 
     pornography;
       (iv) spousal abuse;
       (v) a crime involving rape or sexual assault;
       (vi) kidnapping;
       (vii) arson; or
       (viii) physical assault, battery, or a drug-related 
     offense, committed on or after the date that is 5 years 
     before the date of such employee's criminal background check 
     under paragraph (1); or
       (D) has been convicted of any other crime that is a violent 
     or sexual crime against a minor;
       (3) require that each criminal background check conducted 
     under paragraph (1) be periodically repeated or updated in 
     accordance with State law or the policies of local 
     educational agencies served by the State educational agency;
       (4) upon request, provide each school employee who has had 
     a criminal background check under paragraph (1) with a copy 
     of the results of the criminal background check;
       (5) provide for a timely process, by which a school 
     employee may appeal, but which does not permit the employee 
     to be employed as a school employee during such appeal, the 
     results of a criminal background check conducted under 
     paragraph (1) which prohibit the employee from being employed 
     as a school employee under paragraph (2) to--
       (A) challenge the accuracy or completeness of the 
     information produced by such criminal background check; and
       (B) establish or reestablish eligibility to be hired or 
     reinstated as a school employee by demonstrating that the 
     information is materially inaccurate or incomplete, and has 
     been corrected;
       (6) ensure that such policies and procedures are published 
     on the website of the State educational agency and the 
     website of each local educational agency served by the State 
     educational agency; and
       (7) allow a local educational agency to share the results 
     of a school employee's criminal background check recently 
     conducted under paragraph (1) with another local educational 
     agency that is considering such school employee for 
     employment as a school employee.
       (b) Transfer Prohibition.--A State educational agency, or 
     local educational agency in the case of a local educational 
     agency designated under State law, that receives funds under 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.) shall be subject to a State or local law 
     (including regulations), or have a regulation or policy, that 
     prohibits the transfer, or facilitation of the transfer, of 
     any school employee if the agency knows, or has substantive 
     reason to believe, that such employee engaged in sexual 
     misconduct with an elementary school or secondary school 
     student.
       (c) Fees for Background Checks.--
       (1) Charging of fees.--The Attorney General, attorney 
     general of a State, or other State law enforcement official 
     may charge reasonable fees for conducting a criminal 
     background check under subsection (a)(1), but such fees shall 
     not exceed the actual costs for the processing and 
     administration of the criminal background check.
       (2) Administrative funds.--A local educational agency or 
     State educational agency may use administrative funds 
     received under the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6301 et seq.) to pay any reasonable fees 
     charged for conducting such criminal background check.
       (3) Federal funds to supplement, not supplant, non-federal 
     funds.--A State educational agency or local educational 
     agency using Federal funds in accordance with paragraph (2) 
     shall use such Federal funds only to supplement the funds 
     that would, in the absence of such Federal funds, be made 
     available from non-Federal sources for the purposes of this 
     title, and not to supplant such funds.
       (d) Prohibition.--Nothing in this title, or any other 
     Federal law, regulation, policy, or directive, shall 
     authorize the Secretary, or any other employee of the Federal 
     Government, to regulate, provide guidance, or otherwise 
     direct the State or local policies or procedures required 
     under this title.
       (e) Definitions.--In this title:
       (1) In general.--The terms ``elementary school'', 
     ``secondary school'', ``local educational agency'', 
     ``State'', and ``State educational agency'' have the meanings 
     given the terms in section 9101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7801).
       (2) School employee.--The term ``school employee'' means--
       (A) a person who--
       (i) is an employee of, or is seeking employment with, a 
     local educational agency, or State educational agency, that 
     receives Federal funds under the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6301 et seq.); and
       (ii) as a result of such employment, has (or will have) a 
     job duty that results in unsupervised access to public 
     elementary school or public secondary school students; or
       (B)(i) any person, or an employee of any person, who has a 
     contract or agreement to provide services with a public 
     elementary school, public secondary school, local educational 
     agency, or State educational agency, that receives Federal 
     funds under the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6301 et seq.); and
       (ii) such person or employee, as a result of such contract 
     or agreement, has a job duty that results in unsupervised 
     access to public elementary school or public secondary school 
     students.
                                 ______
                                 
  SA 286. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 178, to provide justice

[[Page S1442]]

for the victims of trafficking; which was ordered to lie on the table; 
as follows:

       At the end of subtitle B of title II, add the following:

     SEC. 212. EXPANDED DEFINITION OF CHILD ABUSE AND NEGLECT.

       The Child Abuse Prevention and Treatment Act (42 U.S.C. 
     5101 et seq.) is amended--
       (1) in section 3(2) (42 U.S.C. 5101 note), by inserting 
     ``(including commercial sexual exploitation)'' after 
     ``exploitation''; and
       (2) in section 111(4)(A) (42 U.S.C. 5106g(4)(A)), by 
     inserting ``for commercial purposes or'' before ``for the 
     purpose of''.
                                 ______
                                 
  SA 287. Mr. WICKER 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 title I, add the following:

     SEC. 118. EDUCATION AND OUTREACH TO TRAFFICKING SURVIVORS.

       The Attorney General shall make available, on the website 
     of the Office of Juvenile Justice and Delinquency Prevention, 
     a database for trafficking victim advocates, crisis hotline 
     personnel, foster parents, law enforcement personnel, and 
     crime survivors that contains information on--
       (1) counseling and hotline resources;
       (2) housing resources;
       (3) legal assistance; and
       (4) other services for trafficking survivors.
                                 ______
                                 
  SA 288. Mr. WICKER 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 title I, add the following:

     SEC. 118. EXPANDED STATUTE OF LIMITATIONS FOR CIVIL ACTIONS 
                   BY CHILD TRAFFICKING SURVIVORS.

       Section 1595(c) of title 18, United States Code, is amended 
     by striking ``not later than 10 years after the cause of 
     action arose.'' and inserting ``not later than the later of--
       ``(1) 10 years after the cause of action arose; or
       ``(2) 10 years after the victim reaches 18 years of age, if 
     the victim was a minor at the time of the alleged offense.''.
                                 ______
                                 
  SA 289. Mr. ROBERTS (for himself and Mr. Moran) 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. __. REQUIRED EMERGENCY DISCLOSURE OF CALL LOCATION 
                   INFORMATION.

       (a) Short Title.--This section may be cited as the ``Kelsey 
     Smith Act''.
       (b) In General.--Title II of the Communications Act of 1934 
     (47 U.S.C. 201 et seq.) is amended by inserting after section 
     222 the following:

     ``SEC. 222A. REQUIRED EMERGENCY DISCLOSURE OF CALL LOCATION 
                   INFORMATION.

       ``(a) In General.--Notwithstanding section 222, at the 
     request of a law enforcement agency, a telecommunications 
     carrier shall provide call location information concerning 
     the user of a commercial mobile service (as such term is 
     defined in section 332(d)) or the telecommunications device 
     of the user of an IP-enabled voice service (as such term is 
     defined in section 7 of the Wireless Communications and 
     Public Safety Act of 1999 (47 U.S.C. 615b)) to a law 
     enforcement official, in order to respond to the user's call 
     for emergency services or to respond to an emergency 
     situation that involves the risk of death or serious physical 
     harm if the telecommunications carrier believes that an 
     emergency involving danger of death or serious physical 
     injury to any person or response to a user's call for 
     emergency services requires disclosure without delay of 
     location records relating to the emergency or user request.
       ``(b) Form of Request.--A request for call location 
     information under subsection (a) shall be accompanied by a 
     sworn written statement from the law enforcement agency 
     stating facts that support such agency's probable cause to 
     believe that disclosure without delay is required--
       ``(1) by an emergency involving risk of death or serious 
     physical injury; or
       ``(2) in order to respond to the user's call for emergency 
     services.
       ``(c) Hold Harmless.--No cause of action shall lie in any 
     court nor shall any civil or administrative proceeding be 
     commenced by a governmental entity against any 
     telecommunications carrier, or its directors, officers, 
     employees, agents, or vendors, for providing in good faith 
     call location information or other information, facilities, 
     or assistance in accordance with subsection (a) and any 
     regulations promulgated under this section.
       ``(d) Court Order.--Not later than 48 hours after a law 
     enforcement agency makes a request for call location 
     information under subsection (a), the law enforcement agency 
     shall request a court order stating whether such agency had 
     probable cause to believe that the conditions described in 
     subsection (b)(1) or subsection (b)(2) existed at the time of 
     the request under subsection (a).
       ``(e) Definition.--In this section--
       ``(1) the term `emergency services' has the meaning given 
     such term in section 222; and
       ``(2) the term `law enforcement agency' means an agency of 
     the United States, a State, or a political subdivision of a 
     State, authorized by law or by a government agency to engage 
     in or supervise the prevention, detection, investigation, or 
     prosecution of any violation of criminal law.''.
                                 ______
                                 
  SA 290. Mr. LEAHY (for himself, Ms. Collins, Ms. Murkowski, Ms. 
Baldwin, Ms. Ayotte, Ms. Heitkamp, Mrs. Shaheen, Mr. Bennet, Mr. 
Murphy, and Mr. Merkley) 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. __. RUNAWAY AND HOMELESS YOUTH AND TRAFFICKING 
                   PREVENTION.

       (a) Short Title.--This section may be cited as the 
     ``Runaway and Homeless Youth and Trafficking Prevention 
     Act''.
       (b) References.--Except as otherwise specifically provided, 
     whenever in this section 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.).
       (c) 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.''.
       (d) Basic Center Grant Program.--
       (1) Grants for centers and services.--Section 311(a) (42 
     U.S.C. 5711(a)) is amended--
       (A) 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
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``mental health,'';
       (ii) in subparagraph (B)--

       (I) in clause (i), by striking ``21 days; and'' and 
     inserting ``30 days;'';
       (II) in clause (ii)--

       (aa) by inserting ``age, gender, and culturally and 
     linguistically appropriate to the extent practicable'' before 
     ``individual'';
       (bb) by inserting ``, as appropriate,'' after ``group''; 
     and
       (cc) 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
       (iii) in subparagraph (C)--

       (I) in clause (ii), by inserting ``age, gender, and 
     culturally and linguistically appropriate to the extent 
     practicable'' 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.''.
       (2) Eligibility; plan requirements.--Section 312 (42 U.S.C. 
     5712) is amended--
       (A) in subsection (b)--
       (i) in paragraph (5), by inserting ``, or (if appropriate) 
     individuals identified by such youth as family,'' after 
     ``parents or legal guardians'';
       (ii) 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'';
       (iii) 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;

[[Page S1443]]

       ``(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;'';
       (iv) by redesignating paragraphs (8) through (13) as 
     paragraphs (9) through (14);
       (v) 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 of the 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;'';
       (vi) in paragraph (9), as so redesignated, by striking 
     ``statistical summaries'' and inserting ``statistics'';
       (vii) 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;

       (viii) in paragraph (14), as so redesignated, by striking 
     the period and inserting ``for natural disasters, inclement 
     weather, and mental health emergencies;''; and
       (ix) by adding at the end the following:
       ``(15) shall provide age, gender, and culturally and 
     linguistically appropriate services to the extent practicable 
     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
       (B) in subsection (d)--
       (i) in paragraph (1)--

       (I) by inserting ``age, gender, and culturally and 
     linguistically appropriate to the extent practicable'' 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

       (ii) in paragraph (4), by inserting ``, including training 
     on trauma-informed and youth-centered care'' after ``home-
     based services''.
       (3) Approval of applications.--Section 313(b) (42 U.S.C. 
     5713(b)) is amended--
       (A) by striking ``priority to'' and all that follows 
     through ``who'' and inserting ``priority to eligible 
     applicants who'';
       (B) by striking ``; and'' and inserting a period; and
       (C) by striking paragraph (2).
       (e) 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 to the extent practicable'' 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 to the extent practicable'' 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 wrap-around 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 to the 
     extent practicable 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''.
       (f) Coordinating, Training, Research, and Other 
     Activities.--
       (1) Coordination.--Section 341 (42 U.S.C. 5714-21) is 
     amended--
       (A) in the matter preceding paragraph (1), by inserting 
     ``safety, well-being,'' after ``health,''; and
       (B) 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''.
       (2) 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''.
       (3) Grants for research, evaluation, demonstration, and 
     service projects.--Section 343 (42 U.S.C. 5714-23) is 
     amended--
       (A) in subsection (b)--
       (i) 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 the extent practicable 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);'';
       (ii) in paragraph (9), by striking ``and'' at the end;
       (iii) in paragraph (10), by striking the period and 
     inserting ``; and''; and
       (iv) 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
       (B) 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''.
       (4) Periodic estimate of incidence and prevalence of youth 
     homelessness.--Section 345 (42 U.S.C. 5714-25) is amended--
       (A) in subsection (a)--
       (i) in paragraph (1)--

       (I) by striking ``13'' and inserting ``12''; and
       (II) by striking ``and'' at the end;

       (ii) in paragraph (2), by striking the period and inserting 
     a semicolon; and
       (iii) 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
       (B) in subsection (b)(1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``13'' and inserting ``12'';

[[Page S1444]]

       (ii) in subparagraph (A), by striking ``and'' at the end;
       (iii) by redesignating subparagraph (B) as subparagraph 
     (C);
       (iv) 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
       (v) 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''.
       (g) 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 the 
     extent practicable to all youth described in subsection 
     (a).''.
       (h) General Provisions.--
       (1) Reports.--Section 382(a) (42 U.S.C. 5715(a)) is 
     amended--
       (A) in paragraph (1)--
       (i) by redesignating subparagraphs (B) through (D) as 
     subparagraphs (C) through (E), respectively; and
       (ii) by inserting after subparagraph (A) the following:
       ``(B) collecting data on trafficking in persons and sexual 
     exploitation of runaway and homeless youth;''; and
       (B) in paragraph (2)--
       (i) 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
       (ii) in subparagraph (F), by striking ``intrafamily 
     problems'' and inserting ``problems within the family, 
     including (if appropriate) individuals identified by such 
     youth as family,''.
       (2) Nondiscrimination.--Part F is amended by inserting 
     after section 386A (42 U.S.C. 5732-1) the following:

     ``SEC. 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, be denied the benefits of, or be 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 under this title.
       ``(b) Exception.--If sex segregation or sex-specific 
     programming is necessary to the essential operation of a 
     program, nothing in this section shall prevent any such 
     program or activity from consideration of an individual's 
     sex. In such circumstances, grantees may meet the 
     requirements of this section by providing comparable services 
     to individuals who cannot be provided with the sex-segregated 
     or sex-specific programming.
       ``(c) Disqualification.--The authority of the Secretary to 
     enforce this section shall be the same as that provided for 
     with respect to section 654 of the Head Start Act (42 U.S.C. 
     9849).
       ``(d) Construction.--Nothing in this section shall be 
     construed, interpreted, or applied to supplant, displace, 
     preempt, or otherwise limit the responsibilities and 
     liabilities under other Federal or State civil rights 
     laws.''.
       (3) Definitions.--Section 387 (42 U.S.C. 5732a) is 
     amended--
       (A) by redesignating paragraphs (1) through (6), and 
     paragraphs (7) and (8), as paragraphs (2) through (7), and 
     paragraphs (9) and (10), respectively;
       (B) 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.'';
       (C) in paragraph (6)(B)(v), as so redesignated--
       (i) by redesignating subclauses (II) through (IV) as 
     subclauses (III) through (V), respectively;
       (ii) by inserting after subclause (I), the following:

       ``(II) trafficking in persons;'';

       (iii) in subclause (IV), as so redesignated--

       (I) by striking ``diseases'' and inserting ``infections''; 
     and
       (II) by striking ``and'' at the end;

       (iv) in subclause (V), as so redesignated, by striking the 
     period and inserting ``; and''; and
       (v) by adding at the end the following:

       ``(VI) suicide.'';

       (D) in paragraph (7)(B), as so redesignated, by striking 
     ``prostitution,'' and inserting ``trafficking in persons,'';
       (E) 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).'';
       (F) in paragraph (9), as so redesignated--
       (i) by inserting ``to homeless youth'' after ``provides''; 
     and
       (ii) by inserting ``, to establish a stable family or 
     community supports,'' after ``self-sufficient living''; and
       (G) in paragraph (10)(B), as so redesignated--
       (i) in clause (ii)--

       (I) by inserting ``or able'' after ``willing''; and
       (II) by striking ``or'' at the end;

       (ii) in clause (iii), by striking the period and inserting 
     ``; or''; and
       (iii) 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.''.
       (4) Authorization of appropriations.--Section 388(a) (42 
     U.S.C. 5751(a)) is amended--
       (A) in paragraph (1), by striking ``for fiscal year 2009,'' 
     and all that follows through the period and inserting ``for 
     each of fiscal years 2016 through 2020.'';
       (B) 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 
     2016 through 2020.''; and
       (C) in paragraph (4), by striking ``for fiscal year 2009'' 
     and all that follows through the period and inserting ``for 
     each of fiscal years 2016 through 2020.''.

     SEC. __. 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 subparagraph (A), by striking ``60 days'' and 
     inserting ``30 days'';
       (B) in subparagraph (B), by striking ``and'' at the end;
       (C) in subparagraph (C)--
       (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
       (D) by adding at the end the following:
       ``(D) 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.''.
                                 ______
                                 
  SA 291. Mr. TOOMEY (for himself and Mr. Manchin) 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 __--SCHOOL EMPLOYEE BACKGROUND CHECKS

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Protecting Students from 
     Sexual and Violent Predators Act''.

     SEC. _02. BACKGROUND CHECKS.

       (a) Background Checks.--Not later than 2 years after the 
     date of enactment of this Act, each State educational agency, 
     or local educational agency in the case of a local 
     educational agency designated under State law, that receives 
     funds under the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6301 et seq.) shall have in effect policies 
     and procedures that--
       (1) require that a criminal background check be conducted 
     for each school employee that includes--
       (A) a search of the State criminal registry or repository 
     of the State in which the school employee resides;

[[Page S1445]]

       (B) a search of State-based child abuse and neglect 
     registries and databases of the State in which the school 
     employee resides;
       (C) a Federal Bureau of Investigation fingerprint check 
     using the Integrated Automated Fingerprint Identification 
     System; and
       (D) a search of the National Sex Offender Registry 
     established under section 119 of the Adam Walsh Child 
     Protection and Safety Act of 2006 (42 U.S.C. 16919);
       (2) prohibit the employment of a school employee as a 
     school employee if such employee--
       (A) refuses to consent to a criminal background check under 
     paragraph (1);
       (B) makes a false statement in connection with such 
     criminal background check;
       (C) has been convicted of a felony consisting of--
       (i) murder;
       (ii) child abuse or neglect;
       (iii) a crime against children, including child 
     pornography;
       (iv) spousal abuse;
       (v) a crime involving rape or sexual assault;
       (vi) kidnapping;
       (vii) arson; or
       (viii) physical assault, battery, or a drug-related 
     offense, committed on or after the date that is 5 years 
     before the date of such employee's criminal background check 
     under paragraph (1); or
       (D) has been convicted of any other crime that is a violent 
     or sexual crime against a minor;
       (3) require that each criminal background check conducted 
     under paragraph (1) be periodically repeated or updated in 
     accordance with State law or the policies of local 
     educational agencies served by the State educational agency;
       (4) upon request, provide each school employee who has had 
     a criminal background check under paragraph (1) with a copy 
     of the results of the criminal background check;
       (5) provide for a timely process, by which a school 
     employee may appeal, but which does not permit the employee 
     to be employed as a school employee during such appeal, the 
     results of a criminal background check conducted under 
     paragraph (1) which prohibit the employee from being employed 
     as a school employee under paragraph (2) to--
       (A) challenge the accuracy or completeness of the 
     information produced by such criminal background check; and
       (B) establish or reestablish eligibility to be hired or 
     reinstated as a school employee by demonstrating that the 
     information is materially inaccurate or incomplete, and has 
     been corrected;
       (6) ensure that such policies and procedures are published 
     on the website of the State educational agency and the 
     website of each local educational agency served by the State 
     educational agency; and
       (7) allow a local educational agency to share the results 
     of a school employee's criminal background check recently 
     conducted under paragraph (1) with another local educational 
     agency that is considering such school employee for 
     employment as a school employee.
       (b) Transfer Prohibition.--A State educational agency, or 
     local educational agency in the case of a local educational 
     agency designated under State law, that receives funds under 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.) shall be subject to a State or local law 
     (including regulations), or have a regulation or policy, that 
     prohibits the transfer, or facilitation of the transfer, of 
     any school employee if the agency knows, or has substantive 
     reason to believe, that such employee engaged in sexual 
     misconduct with an elementary school or secondary school 
     student.
       (c) Fees for Background Checks.--
       (1) Charging of fees.--The Attorney General, attorney 
     general of a State, or other State law enforcement official 
     may charge reasonable fees for conducting a criminal 
     background check under subsection (a)(1), but such fees shall 
     not exceed the actual costs for the processing and 
     administration of the criminal background check.
       (2) Administrative funds.--A local educational agency or 
     State educational agency may use administrative funds 
     received under the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6301 et seq.) to pay any reasonable fees 
     charged for conducting such criminal background check.
       (3) Federal funds to supplement, not supplant, non-federal 
     funds.--A State educational agency or local educational 
     agency using Federal funds in accordance with paragraph (2) 
     shall use such Federal funds only to supplement the funds 
     that would, in the absence of such Federal funds, be made 
     available from non-Federal sources for the purposes of this 
     title, and not to supplant such funds.
       (d) Prohibition.--Nothing in this title, or any other 
     Federal law, regulation, policy, or directive, shall 
     authorize the Secretary, or any other employee of the Federal 
     Government, to regulate, provide guidance, or otherwise 
     direct the State or local policies or procedures required 
     under this title.
       (e) Definitions.--In this title:
       (1) In general.--The terms ``elementary school'', 
     ``secondary school'', ``local educational agency'', 
     ``State'', and ``State educational agency'' have the meanings 
     given the terms in section 9101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7801).
       (2) School employee.--The term ``school employee'' means--
       (A) a person who--
       (i) is an employee of, or is seeking employment with, a 
     local educational agency, or State educational agency, that 
     receives Federal funds under the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6301 et seq.); and
       (ii) as a result of such employment, has (or will have) a 
     job duty that results in unsupervised access to public 
     elementary school or public secondary school students; or
       (B)(i) any person, or an employee of any person, who has a 
     contract or agreement to provide services with a public 
     elementary school, public secondary school, local educational 
     agency, or State educational agency, that receives Federal 
     funds under the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6301 et seq.); and
       (ii) such person or employee, as a result of such contract 
     or agreement, has a job duty that results in unsupervised 
     access to public elementary school or public secondary school 
     students.
                                 ______
                                 
  SA 292. Mr. BARRASSO 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:

       On page 63, line 15, insert ``or a tribal organization (as 
     defined in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b))'' after 
     ``government''.
       On page 76, line 9, insert ``, tribal,'' after ``State''.
       On page 81, between lines 8 and 9, insert the following:
       (7) Tribal law enforcement officer.--The term ``tribal law 
     enforcement officer'' means any officer, agent, or employee 
     of an Indian tribe (as that term is defined in section 4 of 
     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450b)) authorized by law or by the Indian tribe to 
     engage in or supervise the prevention, detection, 
     investigation, or prosecution of any violation of criminal 
     law.
       On page 81, line 17, insert ``tribal,'' after ``State,''.
       On page 89, line 8, insert ``, tribal,'' after ``State''.
                                 ______
                                 
  SA 293. Ms. HIRONO 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:

       At the end of title I, add the following:

     SEC. 118. PROTECTING CHILD TRAFFICKING VICTIMS.

       (a) Short Title.--This section may be cited as the ``Child 
     Trafficking Victims Protection Act''.
       (b) Defined Term.--In this section, the term 
     ``unaccompanied alien children'' has the meaning given such 
     term in section 462 of the Homeland Security Act of 2002 (6 
     U.S.C. 279).
       (c) Mandatory Training.--The Secretary of Homeland 
     Security, in consultation with the Secretary of Health and 
     Human Services and independent child welfare experts, shall 
     mandate live training of all personnel who come into contact 
     with unaccompanied alien children in all relevant legal 
     authorities, policies, practices, and procedures pertaining 
     to this vulnerable population.
       (d) Care and Transportation.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary of Homeland Security shall ensure that all 
     unaccompanied children who will undergo any immigration 
     proceedings before the Department of Homeland Security or the 
     Executive Office for Immigration Review are duly transported 
     and placed in the care and legal and physical custody of the 
     Office of Refugee Resettlement not later than 72 hours after 
     their apprehension absent narrowly defined exceptional 
     circumstances, including a natural disaster or comparable 
     emergency beyond the control of the Secretary of Homeland 
     Security or the Office of Refugee Resettlement.
       (2) Presence of female officers.--The Secretary of Homeland 
     Security shall ensure that female officers are continuously 
     present during the transfer and transport of female detainees 
     who are in the custody of the Department of Homeland 
     Security.
       (e) Qualified Resources.--The Secretary of Homeland 
     Security shall provide adequately trained and qualified staff 
     resources at each major port of entry (as defined by the U.S. 
     Customs and Border Protection station assigned to that port 
     having in its custody during the past 2 fiscal years an 
     yearly average of 50 or more unaccompanied alien children), 
     including the accommodation of child welfare professionals in 
     accordance with subsection (f).
       (f) Child Welfare Professionals.--
       (1) In general.--The Senior Advisor on Trafficking in 
     Persons in the Office of the Assistant Secretary for the 
     Administration for Children and Families shall ensure that 
     qualified child welfare professionals with expertise in 
     culturally competent, trauma-centered, and developmentally 
     appropriate interviewing skills are available at each major 
     port of entry described in subsection (e).
       (2) Duties.--Child welfare professionals described in 
     paragraph (1) shall--

[[Page S1446]]

       (A) in consultation with the Secretary of Homeland Security 
     and the Assistant Secretary for the Administration for 
     Children and Families, develop guidelines for treatment of 
     unaccompanied alien children in the custody of the Department 
     of Homeland Security;
       (B) conduct screening, on behalf of the Department of 
     Homeland Security, of all unaccompanied alien children in 
     accordance with section 235(a)(4) of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1232(a)(4));
       (C) notify the Department of Homeland Security and the 
     Office of Refugee Resettlement of children that meet the 
     notification and transfer requirements set forth in 
     subsections (a) and (b) of section 235 of such Act (8 U.S.C. 
     1232); and
       (D) interview adult relatives accompanying unaccompanied 
     alien children; and
       (E) provide an initial family relationship and trafficking 
     assessment and recommendations regarding unaccompanied alien 
     children's initial placements to the Office of Refugee 
     Resettlement, which shall be conducted in accordance with the 
     time frame set forth in subsections (a)(4) and (b)(3) of 
     section 235 of such Act (8 U.S.C. 1232); and
       (F) ensure that each unaccompanied alien child in the 
     custody of U.S. Customs and Border Protection--
       (i) receives emergency medical care when necessary;
       (ii) receives emergency medical and mental health care that 
     complies with the standards adopted pursuant to section 8(c) 
     of the Prison Rape Elimination Act of 2003 (42 U.S.C. 
     15607(c)) whenever necessary, including in cases in which a 
     child is at risk to harm himself, herself, or others;
       (iii) is provided with climate appropriate clothing, shoes, 
     basic personal hygiene and sanitary products, a pillow, 
     linens, and sufficient blankets to rest at a comfortable 
     temperature;
       (iv) receives adequate nutrition;
       (v) enjoys a safe and sanitary living environment;
       (vi) has access to daily recreational programs and 
     activities if held for a period longer than 12 hours;
       (vii) has access to legal services and consular officials; 
     and
       (viii) is permitted to make supervised phone calls to 
     family members.
       (3) Final determinations.--The Office of Refugee 
     Resettlement, in consultation with the Senior Advisor on 
     Trafficking in Persons, in accordance with applicable 
     policies and procedures for sponsors, shall submit final 
     determinations on family relationships to the Secretary of 
     Homeland Security, who shall consider such adult relatives 
     for community-based support alternatives to detention.
       (4) Report.--Not later than 18 months after the date of the 
     enactment of this Act, and annually thereafter, the Senior 
     Advisor on Trafficking in Persons shall submit a report to 
     Congress that--
       (A) describes the screening procedures used by the child 
     welfare professionals to screen unaccompanied alien children;
       (B) assesses the effectiveness of such screenings; and
       (C) includes data on all unaccompanied alien children who 
     were screened by child welfare professionals;
       (g) Immediate Notification.--The Secretary of Homeland 
     Security shall immediately notify the Office of Refugee 
     Resettlement of an unaccompanied alien child in the custody 
     of the Department of Homeland Security to effectively and 
     efficiently coordinate the child's transfer to and placement 
     with the Office of Refugee Resettlement.
       (h) Notice of Rights and Right to Access to Counsel.--
       (1) In general.--The Secretary of Homeland Security shall 
     ensure that all unaccompanied alien children, upon 
     apprehension, are provided--
       (A) an interview and screening with a child welfare 
     professional described in subsection (f)(1); and
       (B) a video orientation and oral and written notice of 
     their rights under the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.), including--
       (i) their right to relief from removal;
       (ii) their right to confer with counsel (as guaranteed 
     under section 292 of such Act (8 U.S.C. 1362)), family, or 
     friends while in the temporary custody of the Department of 
     Homeland Security; and
       (iii) relevant complaint mechanisms to report any abuse or 
     misconduct they may have experienced.
       (2) Languages.--The Secretary of Homeland Security shall 
     ensure that--
       (A) the video orientation and written notice of rights 
     described in paragraph (1) is available in English and in the 
     5 most common native languages spoken by the unaccompanied 
     children held in custody at that location during the 
     preceding fiscal year; and
       (B) the oral notice of rights is available in English and 
     in the most common native language spoken by the 
     unaccompanied children held in custody at that location 
     during the preceding fiscal year.
       (i) Confidentiality.--The Secretary of Health and Human 
     Services shall maintain the privacy and confidentiality of 
     all information gathered in the course of providing care, 
     custody, placement and follow-up services to unaccompanied 
     alien children, consistent with the best interest of the 
     unaccompanied alien child, by not disclosing such information 
     to other government agencies or nonparental third parties 
     unless such disclosure is--
       (1) recorded in writing and placed in the child's file;
       (2) in the child's best interest; and
       (3)(A) authorized by the child or by an approved sponsor in 
     accordance with section 235 of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1232) and the Health Insurance Portability and 
     Accountability Act (Public Law 104-191); or
       (B) provided to a duly recognized law enforcement entity to 
     prevent imminent and serious harm to another individual.
       (j) Other Policies and Procedures.--The Secretary of 
     Homeland Security shall adopt fundamental child protection 
     policies and procedures--
       (1) for reliable age determinations of children, developed 
     in consultation with medical and child welfare experts, which 
     exclude the use of fallible forensic testing of children's 
     bone and teeth;
       (2) to ensure the safe and secure repatriation and 
     reintegration of unaccompanied alien children to their home 
     countries through specialized programs developed in close 
     consultation with the Secretary of State, the Office of the 
     Refugee Resettlement, and reputable independent child welfare 
     experts, including placement of children with their families 
     or nongovernmental agencies to provide food, shelter, and 
     vocational training and microfinance opportunities;
       (3) to utilize all legal authorities to defer the child's 
     removal if the child faces a risk of life-threatening harm 
     upon return including due to the child's mental health or 
     medical condition; and
       (4) to ensure, in accordance with the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.), 
     that unaccompanied alien children, while in detention, are--
       (A) physically separated from any adult who is not an 
     immediate family member; and
       (B) separated by sight and sound from--
       (i) immigration detainees and inmates with criminal 
     convictions;
       (ii) pretrial inmates facing criminal prosecution; and
       (iii) inmates exhibiting violent behavior.
       (k) Transfer of Funds.--
       (1) Authorization.--The Secretary of Homeland Security, in 
     accordance with a written agreement between the Secretary of 
     Homeland Security and the Secretary of Health and Human 
     Services, shall transfer such amounts as may be necessary to 
     carry out the duties described in subsection (f)(2) from 
     amounts appropriated for U.S. Customs and Border Protection 
     to the Department of Health and Human Services.
       (2) Report.--Not later than 15 days before any proposed 
     transfer under paragraph (1), the Secretary of Health and 
     Human Services, in consultation with the Secretary of 
     Homeland Security, shall submit a detailed expenditure plan 
     that describes the actions proposed to be taken with amounts 
     transferred under such paragraph to--
       (A) the Committee on Appropriations of the Senate; and
       (B) the Committee on Appropriations of the House of 
     Representatives.
       (l) Rule of Construction.--Nothing in this section may be 
     construed to preempt or alter any other rights or remedies, 
     including any causes of action, available under any Federal 
     or State law.
                                 ______
                                 
  SA 294. Mr. FLAKE 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. __. GAO STUDY AND REPORT.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study on each program or initiative 
     authorized under this Act and the following statutes and 
     evaluate whether any program or initiative is duplicative:
       (1) Trafficking Victims Protection Reauthorization Act of 
     2005 (Public Law 109-164; 119 Stat. 3558).
       (2) Trafficking Victims Protection Act of 2000 (22 U.S.C. 
     7101 et seq.).
       (3) Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et 
     seq.).
       (4) Runaway and Homeless Youth Act (42 U.S.C. 5701 et 
     seq.).
       (5) Missing Children's Assistance Act (42 U.S.C. 5771 et 
     seq.).
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on the Judiciary of the 
     Senate and the Committee on the Judiciary of the House of 
     Representatives a report on the study conducted under 
     subsection (a), which shall include--
       (1) a description of the cost of any duplicative program or 
     initiative studied under subsection (a); and
       (2) recommendations on how to achieve cost savings with 
     respect to each duplicative program or initiative studied 
     under subsection (a).
                                 ______
                                 
  SA 295. Mr. FLAKE submitted an amendment intended to be proposed by 
him to the bill S. 178, to provide justice for the victims of 
trafficking; which

[[Page S1447]]

was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NO ADDITIONAL FUNDS AUTHORIZED.

       Except as provided in section 890A(e) of the Homeland 
     Security Act of 2002, as added by section 302 of this Act, no 
     funds are authorized to be appropriated by this Act to carry 
     out this Act or the amendments made by this Act.
                                 ______
                                 
  SA 296. Ms. KLOBUCHAR 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:

       At the end of the bill, add the following:

          TITLE IV--STOPPING EXPLOITATION THROUGH TRAFFICKING

     SEC. 401. SAFE HARBOR INCENTIVES.

       Part Q of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796dd et seq.) is amended--
       (1) in section 1701(c), by striking ``where feasible'' and 
     all that follows, and inserting the following: ``where 
     feasible, to an application--
       ``(1) for hiring and rehiring additional career law 
     enforcement officers that involves a non-Federal contribution 
     exceeding the 25 percent minimum under subsection (g); or
       ``(2) from an applicant in a State that has in effect a law 
     that--
       ``(A) treats a minor who has engaged in, or has attempted 
     to engage in, a commercial sex act as a victim of a severe 
     form of trafficking in persons;
       ``(B) discourages or prohibits the charging or prosecution 
     of an individual described in subparagraph (A) for a 
     prostitution or sex trafficking offense, based on the conduct 
     described in subparagraph (A); and
       ``(C) encourages the diversion of an individual described 
     in subparagraph (A) to appropriate service providers, 
     including child welfare services, victim treatment programs, 
     child advocacy centers, rape crisis centers, or other social 
     services.''; and
       (2) in section 1709, by inserting at the end the following:
       ``(5) `commercial sex act' has the meaning given the term 
     in section 103 of the Victims of Trafficking and Violence 
     Protection Act of 2000 (22 U.S.C. 7102).
       ``(6) `minor' means an individual who has not attained the 
     age of 18 years.
       ``(7) `severe form of trafficking in persons' has the 
     meaning given the term in section 103 of the Victims of 
     Trafficking and Violence Protection Act of 2000 (22 U.S.C. 
     7102).''.

     SEC. 402. REPORT ON RESTITUTION PAID IN CONNECTION WITH 
                   CERTAIN TRAFFICKING OFFENSES.

       Section 105(d)(7)(Q) of the Victims of Trafficking and 
     Violence Protection Act of 2000 (22 U.S.C. 7103(d)(7)(Q)) is 
     amended--
       (1) by inserting after ``1590,'' the following: ``1591,'';
       (2) by striking ``and 1594'' and inserting ``1594, 2251, 
     2251A, 2421, 2422, and 2423'';
       (3) in clause (iv), by striking ``and'' at the end;
       (4) in clause (v), by striking ``and'' at the end; and
       (5) by inserting after clause (v) the following:
       ``(vi) the number of individuals required by a court order 
     to pay restitution in connection with a violation of each 
     offense under title 18, United States Code, the amount of 
     restitution required to be paid under each such order, and 
     the amount of restitution actually paid pursuant to each such 
     order; and
       ``(vii) the age, gender, race, country of origin, country 
     of citizenship, and description of the role in the offense of 
     individuals convicted under each offense; and''.

     SEC. 403. NATIONAL HUMAN TRAFFICKING HOTLINE.

       Section 107(b)(1)(B) of the Victims of Crime Trafficking 
     and Violence Protection Act of 2000 (22 U.S.C. 7105(b)(1)(B)) 
     is amended--
       (1) by striking ``Subject'' and inserting the following:
       ``(i) In general.--Subject''; and
       (2) by adding at the end the following:
       ``(ii) National human trafficking hotline.--Beginning in 
     fiscal year 2017, and in each fiscal year thereafter, of 
     amounts made available for grants under paragraph (2), the 
     Secretary of Health and Human Services shall make grants for 
     a national communication system to assist victims of severe 
     forms of trafficking in persons in communicating with service 
     providers. The Secretary shall give priority to grant 
     applicants that have experience in providing telephone 
     services to victims of severe forms of trafficking in 
     persons.''.

     SEC. 404. JOB CORPS ELIGIBILITY.

       Section 144(a)(3) of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3194(a)(3)) is amended by adding 
     at the end the following:
       ``(F) A victim of a severe form of trafficking in persons 
     (as defined in section 103 of the Victims of Trafficking and 
     Violence Protection Act of 2000 (22 U.S.C. 7102)). 
     Notwithstanding paragraph (2), an individual described in 
     this subparagraph shall not be required to demonstrate 
     eligibility under such paragraph.''.

     SEC. 405. CLARIFICATION OF AUTHORITY OF THE UNITED STATES 
                   MARSHALS SERVICE.

       Section 566(e)(1) of title 28, United States Code, is 
     amended--
       (1) in subparagraph (B), by striking ``and'' at the end;
       (2) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (3) by inserting after subparagraph (C) the following:
       ``(D) assist State, local, and other Federal law 
     enforcement agencies, upon the request of such an agency, in 
     locating and recovering missing children.''.

     SEC. 406. ESTABLISHING A NATIONAL STRATEGY TO COMBAT HUMAN 
                   TRAFFICKING.

       (a) In General.--The Attorney General shall implement and 
     maintain a National Strategy for Combating Human Trafficking 
     (referred to in this section as the ``National Strategy'') in 
     accordance with this section.
       (b) Required Contents of National Strategy.--The National 
     Strategy shall include the following:
       (1) Integrated Federal, State, local, and tribal efforts to 
     investigate and prosecute human trafficking cases, 
     including--
       (A) the development by each United States attorney, in 
     consultation with State, local, and tribal government 
     agencies, of a district-specific strategic plan to coordinate 
     the identification of victims and the investigation and 
     prosecution of human trafficking crimes;
       (B) the appointment of not fewer than 1 assistant United 
     States attorney in each district dedicated to the prosecution 
     of human trafficking cases or responsible for implementing 
     the National Strategy;
       (C) the participation in any Federal, State, local, or 
     tribal human trafficking task force operating in the district 
     of the United States attorney; and
       (D) any other efforts intended to enhance the level of 
     coordination and cooperation, as determined by the Attorney 
     General.
       (2) Case coordination within the Department of Justice, 
     including specific integration, coordination, and 
     collaboration, as appropriate, on human trafficking 
     investigations between and among the United States attorneys, 
     the Human Trafficking Prosecution Unit, the Child 
     Exploitation and Obscenity Section, and the Federal Bureau of 
     Investigation.
       (3) Annual budget priorities and Federal efforts dedicated 
     to preventing and combating human trafficking, including 
     resources dedicated to the Human Trafficking Prosecution 
     Unit, the Child Exploitation and Obscenity Section, the 
     Federal Bureau of Investigation, and all other entities that 
     receive Federal support that have a goal or mission to combat 
     the exploitation of adults and children.
       (4) An ongoing assessment of the future trends, challenges, 
     and opportunities, including new investigative strategies, 
     techniques, and technologies, that will enhance Federal, 
     State, local, and tribal efforts to combat human trafficking.
       (5) Encouragement of cooperation, coordination, and mutual 
     support between private sector and other entities and 
     organizations and Federal agencies to combat human 
     trafficking, including the involvement of State, local, and 
     tribal government agencies to the extent Federal programs are 
     involved.
                                 ______
                                 
  SA 297. Mr. ALEXANDER (for himself and Mr. Kirk) 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--STOP SEXUAL ABUSE BY SCHOOL PERSONNEL ACT OF 2015

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Stop Sexual Abuse by 
     School Personnel Act of 2015''.

     SEC. 402. CRIMINAL BACKGROUND CHECKS FOR SCHOOL EMPLOYEES.

       (a) In General.--Subpart 2 of part E of title IX of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7901 et seq.) is amended by adding at the end the following:

     ``SEC. 9537. CRIMINAL BACKGROUND CHECKS FOR SCHOOL EMPLOYEES.

       ``(a) Criminal Background Check Requirements.--
       ``(1) In general.--Each State educational agency and local 
     educational agency that receives funds under this Act shall 
     have in effect policies and procedures that require a 
     criminal background check for each school employee in each 
     covered school served by such State educational agency and 
     local educational agency.
       ``(2) Requirements.--A background check required under 
     paragraph (1) shall be conducted and administered by--
       ``(A) the State;
       ``(B) the State educational agency; or
       ``(C) the local educational agency.
       ``(b) State and Local Uses of Funds.--A State educational 
     agency or local educational agency that receives funds under 
     this Act may use such funds to establish, implement, or 
     improve policies and procedures on background checks for 
     school employees required under subsection (a) to--
       ``(1) expand the registries or repositories searched when 
     conducting background checks, such as--
       ``(A) the State criminal registry or repository of the 
     State in which the school employee resides;
       ``(B) the State-based child abuse and neglect registries 
     and databases of the State in which the school employee 
     resides;
       ``(C) the Federal Bureau of Investigation fingerprint check 
     using the Integrated Automated Fingerprint Identification 
     System; and

[[Page S1448]]

       ``(D) the National Sex Offender Registry established under 
     section 119 of the Adam Walsh Child Protection and Safety Act 
     of 2006 (42 U.S.C. 16919);
       ``(2) provide school employees with training and 
     professional development on how to recognize, respond to, and 
     prevent child abuse;
       ``(3) develop, implement, or improve mechanisms to assist 
     covered local educational agencies and covered schools in 
     effectively recognizing and quickly responding to incidents 
     of child abuse by school employees;
       ``(4) develop and disseminate information on best practices 
     and Federal, State, and local resources available to assist 
     local educational agencies and schools in preventing and 
     responding to incidents of child abuse by school employees;
       ``(5) develop professional standards and codes of conduct 
     for the appropriate behavior of school employees;
       ``(6) establish, implement, or improve policies and 
     procedures for covered State educational agencies, covered 
     local educational agencies, or covered schools to provide the 
     results of background checks to--
       ``(A) individuals subject to the background checks in a 
     statement that indicates whether the individual is ineligible 
     for such employment due to the background check and includes 
     information related to each disqualifying crime;
       ``(B) the employer in a statement that indicates whether a 
     school employee is eligible or ineligible for employment, 
     without revealing any disqualifying crime or other related 
     information regarding the individual;
       ``(C) another employer in the same State or another State, 
     as permitted under State law, without revealing any 
     disqualifying crime or other related information regarding 
     the individual; and
       ``(D) another local educational agency in the same State or 
     another State that is considering such school employee for 
     employment, as permitted under State law, without revealing 
     any disqualifying crime or other related information 
     regarding the individual;
       ``(7) establish, implement, or improve procedures that 
     include periodic background checks, which also allows for an 
     appeals process as described in paragraph (8), for school 
     employees in accordance with State policies or the policies 
     of covered local educational agencies served by the covered 
     State educational agency;
       ``(8) establish, implement, or improve a process by which a 
     school employee may appeal the results of a background check, 
     which process is completed in a timely manner, gives each 
     school employee notice of an opportunity to appeal, and 
     instructions on how to complete the appeals process;
       ``(9) establish, implement, or improve a review process 
     through which the covered State educational agency or covered 
     local educational agency may determine that a school employee 
     disqualified due to a crime is eligible for employment due to 
     mitigating circumstances as determined by a covered local 
     educational agency or a covered State educational agency;
       ``(10) establish, implement, or improve policies and 
     procedures intended to ensure a covered State educational 
     agency or covered local educational agency does not knowingly 
     transfer or facilitate the transfer of a school employee if 
     the agency knows that employee has engaged in sexual 
     misconduct, as defined by State law, with an elementary 
     school or secondary school student;
       ``(11) provide that policies and procedures are published 
     on the website of the covered State educational agency and 
     the website of each covered local educational agency served 
     by the covered State educational agency;
       ``(12) provide school employees with training regarding the 
     appropriate reporting of incidents of child abuse under 
     section 106(b)(2)(B)(i) of the Child Abuse Prevention and 
     Treatment Act (42 U.S.C. 5106a(b)(2)(B)(i)); and
       ``(13) support any other activities determined by the State 
     to protect student safety or improve the comprehensiveness, 
     coordination, and transparency of policies and procedures on 
     criminal background checks for school employees in the State.
       ``(c) No Private Right of Action.--Nothing in this section 
     shall be construed to create a private right of action if a 
     State, covered State educational agency, covered local 
     educational agency, or covered school is in compliance with 
     State regulations and requirements concerning background 
     checks.
       ``(d) Background Check Fees.--Nothing in this section shall 
     be construed as prohibiting States or local educational 
     agencies from charging school employees for the costs of 
     processing applications and administering a background check 
     as required by State law, provided that the fees charged to 
     school employees do not exceed the actual costs to the State 
     or local educational agency for the processing and 
     administration of the background check.
       ``(e) State and Local Plan Requirements.--Each plan 
     submitted by a State or local educational agency under title 
     I shall include--
       ``(1) an assurance that the State and local educational 
     agency has in effect policies and procedures that meet the 
     requirements of this section; and
       ``(2) a description of laws, regulations, or policies and 
     procedures in effect in the State for conducting background 
     checks for school employees designed to--
       ``(A) terminate individuals in violation of State 
     background check requirements;
       ``(B) improve the reporting of violations of the background 
     check requirements in the State;
       ``(C) reduce the instance of school employee transfers 
     following a substantiated violation of the State background 
     check requirements by a school employee;
       ``(D) provide for a timely process by which a school 
     employee may appeal the results of a criminal background 
     check;
       ``(E) provide each school employee, upon request, with a 
     copy of the results of the criminal background check, 
     including a description of the disqualifying item or items, 
     if applicable;
       ``(F) provide the results of the criminal background check 
     to the employer in a statement that indicates whether a 
     school employee is eligible or ineligible for employment, 
     without revealing any disqualifying crime or other related 
     information regarding the individual; and
       ``(G) provide for the public availability of the policies 
     and procedures for conducting background checks.
       ``(f) Technical Assistance to States, School Districts, and 
     Schools.--The Secretary, in collaboration with the Secretary 
     of Health and Human Services and the Attorney General, shall 
     provide technical assistance and support to States, local 
     educational agencies, and schools, which shall include, at a 
     minimum--
       ``(1) developing and disseminating a comprehensive package 
     of materials for States, State educational agencies, local 
     educational agencies, and schools that outlines steps that 
     can be taken to prevent and respond to child sexual abuse by 
     school personnel;
       ``(2) determining the most cost-effective way to 
     disseminate Federal information so that relevant State 
     educational agencies and local educational agencies, child 
     welfare agencies, and criminal justice entities are aware of 
     such information and have access to it; and
       ``(3) identifying mechanisms to better track and analyze 
     the prevalence of child sexual abuse by school personnel 
     through existing Federal data collection systems, such as the 
     School Survey on Crime and Safety, the National Child Abuse 
     and Neglect Data System, and the National Crime Victimization 
     Survey.
       ``(g) Reporting Requirements.--
       ``(1) Reports to the secretary.--A covered State 
     educational agency or covered local educational agency that 
     uses funds pursuant to this section shall report annually to 
     the Secretary on--
       ``(A) the amount of funds used; and
       ``(B) the purpose for which the funds were used under this 
     section.
       ``(2) Secretary's report card.--Not later than July 1, 
     2017, and annually thereafter, the Secretary, acting through 
     the Director of the Institute of Education Sciences, shall 
     transmit to the Committee on Health, Education, Labor, and 
     Pensions of the Senate and the Committee on Education and the 
     Workforce of the House of Representatives a national report 
     card that includes--
       ``(A) actions taken pursuant to subsection (f), including 
     any best practices identified under such subsection; and
       ``(B) incidents of reported child sexual abuse by school 
     personnel, as reported through existing Federal data 
     collection systems, such as the School Survey on Crime and 
     Safety, the National Child Abuse and Neglect Data System, and 
     the National Crime Victimization Survey.
       ``(h) Rules of Construction Regarding Background Checks.--
       ``(1) No federal control.--Nothing in this section shall be 
     construed to authorize an officer or employee of the Federal 
     Government to--
       ``(A) mandate, direct, or control the background check 
     policies or procedures that a State or local educational 
     agency develops or implements under this section;
       ``(B) establish any criterion that specifies, defines, or 
     prescribes the background check policies or procedures that a 
     State or local educational agency develops or implements 
     under this section; or
       ``(C) require a State or local educational agency to submit 
     such background check policies or procedures for approval.
       ``(2) Prohibition on regulation.--Nothing in this section 
     shall be construed to permit the Secretary to establish any 
     criterion that--
       ``(A) prescribes, or specifies requirements regarding, 
     background checks for school employees;
       ``(B) defines the term `background checks', as such term is 
     used in this section; or
       ``(C) requires a State or local educational agency to 
     report additional data elements or information to the 
     Secretary not otherwise explicitly authorized under this 
     section or any other Federal law.
       ``(i) Definitions.--In this section--
       ``(1) the term `covered local educational agency' means a 
     local educational agency that receives funds under this Act;
       ``(2) the term `covered school' means a public elementary 
     school or public secondary school, including a public 
     elementary or secondary charter school, that receives funds 
     under this Act;
       ``(3) the term `covered State educational agency' means a 
     State educational agency that receives funds under this Act; 
     and
       ``(4) the term `school employee' includes, at a minimum--
       ``(A) an employee of, or a person seeking employment with, 
     a covered school, covered local educational agency, or 
     covered State

[[Page S1449]]

     educational agency and who, as a result of such employment, 
     has (or, in the case of a person seeking employment, will 
     have) a job duty that includes unsupervised contact or 
     interaction with elementary school or secondary school 
     students; or
       ``(B) any person, or any employee of any person, who has a 
     contract or agreement to provide services with a covered 
     school, covered local educational agency, or covered State 
     educational agency, and such person or employee, as a result 
     of such contract or agreement, has a job duty that includes 
     unsupervised contact or unsupervised interaction with 
     elementary school or secondary school students.''.
       (b) Table of Contents.--The table of contents in section 2 
     of the Elementary and Secondary Education Act of 1965 is 
     amended by inserting after the item relating to section 9536 
     the following:
       ``Sec. 9537. Criminal background checks for school 
           employees.''.

                          ____________________