[Congressional Record Volume 161, Number 44 (Monday, March 16, 2015)]
[Senate]
[Pages S1545-S1547]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 304. Mr. THUNE (for himself, Mr. Hoeven, Ms. Heitkamp, and Mr.
Rounds) 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:
Strike section 103 and insert the following:
SEC. 103. VICTIM-CENTERED CHILD HUMAN TRAFFICKING DETERRENCE
BLOCK GRANT PROGRAM.
(a) In General.--Section 203 of the Trafficking Victims
Protection Reauthorization Act of 2005 (42 U.S.C. 14044b) is
amended to read as follows:
``SEC. 203. VICTIM-CENTERED CHILD HUMAN TRAFFICKING
DETERRENCE BLOCK GRANT PROGRAM.
``(a) Grants Authorized.--The Attorney General may award
block grants to an eligible entity to develop, improve, or
expand domestic child human trafficking deterrence programs
that assist law enforcement officers, prosecutors, judicial
officials, and qualified victims' services organizations in
collaborating to rescue and restore the lives of victims,
while investigating and prosecuting offenses involving child
human trafficking.
``(b) Authorized Activities.--Grants awarded under
subsection (a) may be used for--
``(1) the establishment or enhancement of specialized
training programs for law enforcement officers, first
responders, health care officials, child welfare officials,
juvenile justice personnel, prosecutors, and judicial
personnel to--
``(A) identify victims and acts of child human trafficking;
``(B) address the unique needs of child victims of human
trafficking;
``(C) facilitate the rescue of child victims of human
trafficking;
``(D) investigate and prosecute acts of human trafficking,
including the soliciting, patronizing, or purchasing of
commercial sex acts from children, as well as training to
build cases against complex criminal networks involved in
child human trafficking; and
``(E) utilize, implement, and provide education on safe
harbor laws enacted by States, aimed at preventing the
criminalization and prosecution of child sex trafficking
victims for prostitution offenses, and other laws aimed at
the investigation and prosecution of child human trafficking;
``(2) the establishment or enhancement of dedicated anti-
trafficking law enforcement units and task forces to
investigate child human trafficking offenses and to rescue
victims, including--
``(A) funding salaries, in whole or in part, for law
enforcement officers, including patrol officers, detectives,
and investigators, except that the percentage of the salary
of the law enforcement officer paid for by funds from a grant
awarded under this section shall not be more than the
percentage of the officer's time on duty that is dedicated to
working on cases involving child human trafficking;
``(B) investigation expenses for cases involving child
human trafficking, including--
``(i) wire taps;
``(ii) consultants with expertise specific to cases
involving child human trafficking;
``(iii) travel; and
``(iv) other technical assistance expenditures;
``(C) dedicated anti-trafficking prosecution units,
including the funding of salaries for State and local
prosecutors, including assisting in paying trial expenses for
prosecution of child human trafficking offenders, except that
the percentage of the total salary of a State or local
prosecutor that is paid using an award under this section
shall be not more than the percentage of the total number of
hours worked by the prosecutor that is spent working on cases
involving child human trafficking;
``(D) the establishment of child human trafficking victim
witness safety, assistance, and relocation programs that
encourage cooperation with law enforcement investigations of
crimes of child human trafficking by leveraging existing
resources and delivering child human trafficking victims'
services through coordination with--
[[Page S1546]]
``(i) child advocacy centers;
``(ii) social service agencies;
``(iii) Federal, tribal, or State governmental health
service agencies;
``(iv) housing agencies;
``(v) legal services agencies; and
``(vi) nongovernmental organizations and shelter service
providers with substantial experience in delivering wrap-
around services to victims of child human trafficking; and
``(E) the establishment or enhancement of other necessary
victim assistance programs or personnel, such as victim or
child advocates, child-protective services, child forensic
interviews, or other necessary service providers; and
``(3) the establishment or enhancement of problem solving
court programs for trafficking victims that include--
``(A) mandatory and regular training requirements for
judicial officials involved in the administration or
operation of the court program described under this
paragraph;
``(B) continuing judicial supervision of victims of child
human trafficking, including case worker or child welfare
supervision in collaboration with judicial officers, who have
been identified by a law enforcement or judicial officer as a
potential victim of child human trafficking, regardless of
whether the victim has been charged with a crime related to
human trafficking;
``(C) the development of a specialized and individualized,
court-ordered treatment program for identified victims of
child human trafficking, including--
``(i) State-administered outpatient treatment;
``(ii) life skills training;
``(iii) housing placement;
``(iv) vocational training;
``(v) education;
``(vi) family support services; and
``(vii) job placement;
``(D) centralized case management involving the
consolidation of all of each child human trafficking victim's
cases and offenses, and the coordination of all trafficking
victim treatment programs and social services;
``(E) regular and mandatory court appearances by the victim
during the duration of the treatment program for purposes of
ensuring compliance and effectiveness;
``(F) the ultimate dismissal of relevant non-violent
criminal charges against the victim, where such victim
successfully complies with the terms of the court-ordered
treatment program; and
``(G) collaborative efforts with child advocacy centers,
child welfare agencies, shelters, tribal services, where
appropriate, and nongovernmental organizations with
substantial experience in delivering wrap-around services to
victims of child human trafficking to provide services to
victims and encourage cooperation with law enforcement.
``(c) Application.--
``(1) In general.--An eligible entity shall submit an
application to the Attorney General for a grant under this
section in such form and manner as the Attorney General may
require.
``(2) Required information.--An application submitted under
this subsection shall--
``(A) describe the activities for which assistance under
this section is sought;
``(B) include a detailed plan for the use of funds awarded
under the grant;
``(C) provide such additional information and assurances as
the Attorney General determines to be necessary to ensure
compliance with the requirements of this section; and
``(D) disclose--
``(i) any other grant funding from the Department of
Justice or from any other Federal department or agency for
purposes similar to those described in subsection (b) for
which the eligible entity has applied, and which application
is pending on the date of the submission of an application
under this section; and
``(ii) any other such grant funding that the eligible
entity has received during the 5-year period ending on the
date of the submission of an application under this section.
``(3) Preference.--In reviewing applications submitted in
accordance with paragraphs (1) and (2), the Attorney General
shall give preference to grant applications if--
``(A) the application includes a plan to use awarded funds
to engage in all activities described under paragraphs (1)
through (3) of subsection (b);
``(B) the application includes a plan by the State or unit
of local government to continue funding of all activities
funded by the award after the expiration of the award; or
``(C) the application includes a plan by an Indian tribe,
State, or unit of local government to reduce the occurrence
of trafficking of Indian children or provide support services
to Indian children who are victims of human trafficking.
``(d) Duration and Renewal of Award.--
``(1) In general.--A grant under this section shall expire
3 years after the date of award of the grant.
``(2) Renewal.--A grant under this section shall be
renewable not more than 2 times and for a period of not
greater than 2 years.
``(e) Evaluation.--The Attorney General shall--
``(1) enter into a contract with a nongovernmental
organization, including an academic or nonprofit
organization, that has experience with issues related to
child human trafficking and evaluation of grant programs to
conduct periodic evaluations of grants made under this
section to determine the impact and effectiveness of programs
funded with grants awarded under this section;
``(2) instruct the Inspector General of the Department of
Justice to review evaluations issued under paragraph (1) to
determine the methodological and statistical validity of the
evaluations; and
``(3) submit the results of any evaluation conducted
pursuant to paragraph (1) to--
``(A) the Committee on the Judiciary of the Senate; and
``(B) the Committee on the Judiciary of the House of
Representatives.
``(f) Mandatory Exclusion.--An eligible entity awarded
funds under this section that is found to have used grant
funds for any unauthorized expenditure or otherwise
unallowable cost shall not be eligible for any grant funds
awarded under the block grant for 2 fiscal years following
the year in which the unauthorized expenditure or unallowable
cost is reported.
``(g) Compliance Requirement.--An eligible entity shall not
be eligible to receive a grant under this section if within
the 5 fiscal years before submitting an application for a
grant under this section, the grantee has been found to have
violated the terms or conditions of a Government grant
program by utilizing grant funds for unauthorized
expenditures or otherwise unallowable costs.
``(h) Administrative Cap.--The cost of administering the
grants authorized by this section shall not exceed 5 percent
of the total amount expended to carry out this section.
``(i) Federal Share.--
``(1) In general.--The Federal share of the cost of a
program funded by a grant awarded under this section shall
be--
``(A) 70 percent in the first year;
``(B) 60 percent in the second year; and
``(C) 50 percent in the third year, and in all subsequent
years.
``(2) Awards to indian tribes.--The Attorney General may
waive the cost sharing requirements in paragraph (1) for a
grant awarded under this section to an Indian tribe.
``(j) Authorization of Funding; Fully Offset.--For purposes
of carrying out this section, the Attorney General, in
consultation with the Secretary of Health and Human Services,
is authorized to award not more than $7,000,000 of the funds
available in the Domestic Trafficking Victims' Fund,
established under section 3014 of title 18, United States
Code, for each of fiscal years 2016 through 2020.
``(k) Definitions.--In this section--
``(1) the term `child' means a person under the age of 18;
``(2) the term `child advocacy center' means a center
created under subtitle A of the Victims of Child Abuse Act of
1990 (42 U.S.C. 13001 et seq.);
``(3) the term `child human trafficking' means 1 or more
severe forms of trafficking in persons (as defined in section
103 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102)) involving a victim who is a child;
``(4) the term `eligible entity' means a State, Indian
tribe, or unit of local government that--
``(A) has significant criminal activity involving child
human trafficking;
``(B) has demonstrated cooperation between Federal, State,
local, and, where applicable, tribal law enforcement
agencies, prosecutors, and social service providers in
addressing child human trafficking;
``(C) has developed a workable, multi-disciplinary plan to
combat child human trafficking, including--
``(i) the establishment of a shelter for victims of child
human trafficking, through existing or new facilities;
``(ii) the provision of trauma-informed, gender-responsive
rehabilitative care to victims of child human trafficking;
``(iii) the provision of specialized training for law
enforcement officers and social service providers for all
forms of human trafficking, with a focus on domestic child
human trafficking;
``(iv) prevention, deterrence, and prosecution of offenses
involving child human trafficking, including soliciting,
patronizing, or purchasing human acts with children;
``(v) cooperation or referral agreements with organizations
providing outreach or other related services to runaway and
homeless youth;
``(vi) law enforcement protocols or procedures to screen
all individuals arrested for prostitution, whether adult or
child, for victimization by sex trafficking and by other
crimes, such as sexual assault and domestic violence; and
``(vii) cooperation or referral agreements with State child
welfare agencies and child advocacy centers; and
``(D) provides an assurance that, under the plan under
subparagraph (C), a victim of child human trafficking shall
not be required to collaborate with law enforcement officers
to have access to any shelter or services provided with a
grant under this section;
``(5) the term `Indian child' has the meaning given the
term in section 4 of the Indian Child Welfare Act (25 U.S.C.
1903); and
``(6) the term `Indian tribe' has the meaning given the
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
``(l) Grant Accountability; Specialized Victims' Service
Requirement.--No grant funds under this section may be
awarded or transferred to any entity unless such entity has
demonstrated substantial experience
[[Page S1547]]
providing services to victims of human trafficking or related
populations (such as runaway and homeless youth), or employs
staff specialized in the treatment of human trafficking
victims.''.
(b) Table of Contents.--The table of contents in section
1(b) of the Trafficking Victims Protection Reauthorization
Act of 2005 (22 U.S.C. 7101 note) is amended by striking the
item relating to section 203 and inserting the following:
``Sec. 203. Victim-centered child human trafficking deterrence block
grant program.''.
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