[Congressional Record Volume 161, Number 41 (Wednesday, March 11, 2015)]
[Senate]
[Pages S1442-S1444]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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.''.
______