[Congressional Record Volume 161, Number 47 (Thursday, March 19, 2015)]
[Senate]
[Pages S1670-S1671]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 320. Ms. COLLINS (for herself and Ms. Heitkamp) 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:
Beginning on page 48, strike line 3 and all that follows
through page 63, line 2 and insert the following:
SEC. 101. DOMESTIC TRAFFICKING VICTIMS' FUND.
(a) In General.--Chapter 201 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 3014. Additional special assessment
``(a) In General.--Beginning on the date of enactment of
the Justice for Victims of Trafficking Act of 2015 and ending
on September, 30 2019, in addition to the assessment imposed
under section 3013, the court shall assess an amount of
$5,000 on any non-indigent person or entity convicted of an
offense under--
``(1) chapter 77 (relating to peonage, slavery, and
trafficking in persons);
``(2) chapter 109A (relating to sexual abuse);
``(3) chapter 110 (relating to sexual exploitation and
other abuse of children);
``(4) chapter 117 (relating to transportation for illegal
sexual activity and related crimes); or
``(5) section 274 of the Immigration and Nationality Act (8
U.S.C. 1324) (relating to human smuggling), unless the person
induced, assisted, abetted, or aided only an individual who
at the time of such action was the alien's spouse, parent,
son, or daughter (and no other individual) to enter the
United States in violation of law.
``(b) Satisfaction of Other Court-Ordered Obligations.--An
assessment under subsection (a) shall not be payable until
the person subject to the assessment has satisfied all
outstanding court-ordered fines and orders of restitution
arising from the criminal convictions on which the special
assessment is based.
``(c) Establishment of Domestic Trafficking Victims'
Fund.--There is established in the Treasury of the United
States a fund, to be known as the `Domestic Trafficking
Victims' Fund' (referred to in this section as the `Fund').
``(d) Deposits.--Notwithstanding section 3302 of title 31,
or any other law regarding the crediting of money received
for the Government, there shall be deposited in the Fund an
amount equal to the amount of the assessments collected under
this section, which shall remain available until expended.
``(e) Appropriation of Funds.--
``(1) In general.--Amounts in the Fund shall be available
for obligation or expenditure only when specified in
appropriations Acts for each of fiscal years 2016 through
2020.
``(2) Expenditure of funds.--Amounts in the Fund made
available for obligation or expenditure pursuant to paragraph
(1) may only be used to award grants or enhance victims'
programming under--
``(A) sections 202, 203, and 204 of the Trafficking Victims
Protection Reauthorization Act of 2005 (42 U.S.C. 14044a,
14044b, and 14044c);
``(B) subsections (b)(2) and (f) of section 107 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105);
and
``(C) section 214(b) of the Victims of Child Abuse Act of
1990 (42 U.S.C. 13002(b)).
``(3) Grants.--Of the amounts in the Fund made available
for obligation or expenditure pursuant to paragraph (1), not
less than $2,000,000, if such amounts are made available in
the Fund during the relevant fiscal year, shall be available
for grants to provide services for child pornography victims
under section 214(b) of the Victims of Child Abuse Act of
1990 (42 U.S.C. 13002(b)), as provided in appropriations
Acts.
``(4) Limitations.--Amounts in the Fund, or otherwise
transferred from the Fund, shall be subject to the
limitations on the use or expending as provided in
appropriations Acts.
``(f) Transfers.--
``(1) In general.--Effective on the day after the date of
enactment of the Justice for Victims of Trafficking Act of
2015, on September 30 of each fiscal year, all unobligated
balances in the Fund shall be transferred to the Crime
Victims Fund established under section 1402 of the Victims of
Crime Act of 1984 (42 U.S.C. 10601).
``(2) Availability.--Amounts transferred under paragraph
(1)--
``(A) shall be available for any authorized purpose of the
Crime Victims Fund; and
``(B) shall remain available until expended.
``(g) Collection Method.--The amount assessed under
subsection (a) shall, subject to subsection (b), be collected
in the manner that fines are collected in criminal cases.
``(h) Duration of Obligation.--Subject to section 3613(b),
the obligation to pay an assessment imposed on or after the
date of enactment of the Justice for Victims of Trafficking
Act of 2015 shall not cease until the assessment is paid in
full.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 201 of title 18, United States Code, is
amended by inserting after the item relating to section 3013
the following:
``3014. Additional special assessment.''.
SEC. 102. CLARIFYING THE BENEFITS AND PROTECTIONS OFFERED TO
DOMESTIC VICTIMS OF HUMAN TRAFFICKING.
Section 107(b)(1) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7105(b)(1)) is amended--
(1) by redesignating subparagraphs (F) and (G) as
subparagraphs (G) and (H), respectively;
(2) by inserting after subparagraph (E) the following:
``(F) No requirement of official certification for united
states citizens and lawful permanent residents.--Nothing in
this section may be construed to require United States
citizens or lawful permanent residents who are victims of
severe forms of trafficking to obtain an official
certification from the Secretary of Health and Human Services
in order to access any of the specialized services described
in this subsection or any other Federal benefits and
protections to which they are otherwise entitled.''; and
(3) in subparagraph (H), as redesignated, by striking
``subparagraph (F)'' and inserting ``subparagraph (G)''.
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--
``(i) child advocacy centers;
``(ii) social service agencies;
``(iii) 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
[[Page S1671]]
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, 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); or
``(B) the application includes a plan by the State or unit
of local government to continue funding of all activities
funded by the award after the expiration of the award.
``(d) Duration and Renewal of Award.--
``(1) In general.--A grant under this section shall expire
3 years after the date of award of the grant.
``(2) Renewal.--A grant under this section shall be
renewable not more than 2 times and for a period of not
greater 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.--The Federal share of the cost of a
program funded by a grant awarded under this section shall
be--
``(1) 70 percent in the first year;
``(2) 60 percent in the second year; and
``(3) 50 percent in the third year, and in all subsequent
years.
``(j) Authorization of Appropriations.--For purposes of
carrying out this section, there is authorized to be
appropriated 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.
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