[Congressional Record (Bound Edition), Volume 161 (2015), Part 3]
[Senate]
[Pages 3873-3874]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  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

[[Page 3874]]

     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 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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