II
Calendar No. 581
113th CONGRESS
2d Session
S. 2646
IN THE SENATE OF THE UNITED STATES
July 23, 2014
Mr. Leahy (for himself, Ms. Collins, Mr. Schumer, Mr. Franken, Mrs. Murray, Mr. Brown, Mr. Murphy, Mrs. Boxer, Mr. Coons, Mr. Whitehouse, Ms. Hirono, Mr. King, Mr. Durbin, Mr. Blumenthal, Mrs. Gillibrand, and Mr. Levin) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
October 1, 2014
Reported, under authority of the order of the Senate of September 18, 2014, by Mr. Leahy, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
A BILL
To reauthorize the Runaway and Homeless Youth Act, and for other purposes.
Short title
This Act may be cited as the
Runaway and Homeless Youth and Trafficking Prevention Act
.
References
Except as otherwise specifically provided, whenever in this Act 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.).
Findings
Section 302 (42 U.S.C. 5701) is amended—
in paragraph (2), by inserting age, gender, and culturally and
before linguistically appropriate
;
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
;
in paragraph (5)—
by inserting a safe place to live and
after youth need
; and
by striking and
at the end;
in paragraph (6), by striking the period and inserting ; and
; and
by adding at the end the following:
runaway and homeless youth are at a high risk of becoming victims of sexual exploitation and trafficking in persons.
.
Basic center grant program
Grants for centers and services
Section 311(a) (42 U.S.C. 5711(a)) is amended—
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
in paragraph (2)—
in subparagraph (A), by striking mental health,
;
in subparagraph (B)—
in clause (i), by striking 21 days; and
and inserting 30 days;
;
in clause (ii)—
by inserting age, gender, and culturally and linguistically appropriate
before individual
;
by inserting , as appropriate,
after group
; and
by striking as appropriate
and inserting including (if appropriate) counseling for individuals identified by such youth as family
; and
by adding at the end the following:
suicide prevention services; and
; and
in subparagraph (C)—
in clause (ii), by inserting age, gender, and culturally and linguistically appropriate
before home-based services
;
in clause (iii), by striking and
at the end;
in clause (iv), by striking diseases.
and inserting infections;
; and
by adding at the end the following:
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
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.
.
Eligibility; plan requirements
Section 312 (42 U.S.C. 5712) is amended—
in subsection (b)—
in paragraph (5), by inserting , or (if appropriate) individuals identified by such youth as family,
after parents or legal guardians
;
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
;
by striking paragraph (7) and inserting the following:
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—
such youth who are not referred to out-of-home shelter services;
such youth who are members of vulnerable or underserved populations;
such youth who are victims of trafficking in persons or sexual exploitation, disaggregated by—
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);
such youth who have been coerced or forced into other forms of labor; and
such youth who have engaged in a commercial sex act, as so defined, for any reason other than by coercion or force;
such youth who are pregnant or parenting;
such youth who have been involved in the child welfare system; and
such youth who have been involved in the juvenile justice system;
;
by redesignating paragraphs (8) through (13) as paragraphs (9) through (14);
by inserting after paragraph (7) the following:
shall ensure that—
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 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
reports or other documents based on the statistics described in paragraph (7) shall not disclose the identity of any individual runaway or homeless youth;
;
in paragraph (9), as so redesignated, by striking statistical summaries
and inserting statistics
;
in paragraph (13)(C), as so redesignated—
by striking clause (i) and inserting:
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—
such youth (including both types of such participating youth) who are victims of trafficking in persons or sexual exploitation, disaggregated by—
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);
such youth who have been coerced or forced into other forms of labor; and
such youth who have engaged in a commercial sex act, as so defined, for any reason other than by coercion or force;
such youth who are pregnant or parenting;
such youth who have been involved in the child welfare system; and
such youth who have been involved in the juvenile justice system; and
; and
in clause (ii), by striking and
at the end;
in paragraph (14), as so redesignated, by striking the period and inserting for natural disasters, inclement weather, and mental health emergencies;
; and
by adding at the end the following:
shall provide age, gender, and culturally and linguistically appropriate services to runaway and homeless youth; and
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
in subsection (d)—
in paragraph (1)—
by inserting age, gender, and culturally and linguistically appropriate
after provide
;
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
by inserting suicide prevention,
after physical health care,
; and
in paragraph (4), by inserting , including training on trauma-informed and youth-centered care
after home-based services
.
Approval of applications
Section 313(b) (42 U.S.C. 5713(b)) is amended—
by striking priority to
and all that follows through who
and inserting priority to eligible applicants who
;
by striking ; and
and inserting a period; and
by striking paragraph (2).
Transitional living grant program
Section 322(a) (42 U.S.C. 5714–2(a)) is amended—
in paragraph (1)—
by inserting age, gender, and culturally and linguistically appropriate
before information and counseling services
; and
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
;
by redesignating paragraphs (3) through (8) and (9) through (16) as paragraphs (5) through (10) and (12) through (19), respectively;
by inserting after paragraph (2) the following:
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;
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;
;
in paragraph (9), as so redesignated—
by inserting age, gender, and culturally and linguistically appropriate
after referral of homeless youth to
;
by striking and health care programs
and inserting mental health service and health care programs, including programs providing comprehensive services
to
victims of trafficking in persons or sexual
exploitation,
; and
by striking such services for youths;
and inserting such programs described in this paragraph;
;
by inserting after paragraph (10), as so redesignated, the following:
to develop a plan to provide age, gender, and culturally and linguistically appropriate services that address the needs of homeless and street youth;
;
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
in paragraph (19), as so redesignated, by inserting regarding responses to natural disasters, inclement weather, and mental health emergencies
after management plan
.
Coordinating, training, research, and other activities
Coordination
Section 341 (42 U.S.C. 5714–21) is amended—
in the matter preceding paragraph (1), by inserting safety, well-being,
after health,
; and
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
.
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
.
Grants for research, evaluation, demonstration, and service projects
Section 343 (42 U.S.C. 5714–23) is amended—
in subsection (b)—
in paragraph (5)—
in subparagraph (A), by inserting violence, trauma, and
before sexual abuse and assault
;
in subparagraph (B), by striking sexual abuse and assault; and
and inserting sexual abuse or assault, trafficking in persons, or sexual exploitation;
;
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
by adding at the end the following:
best practices for identifying and providing age, gender, and culturally and linguistically appropriate services to—
vulnerable and underserved youth populations; and
youth who are victims of trafficking in persons or sexual exploitation; and
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);
;
in paragraph (9), by striking and
at the end;
in paragraph (10), by striking the period and inserting ; and
; and
by adding at the end the following:
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
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
.
Periodic estimate of incidence and prevalence of youth homelessness
Section 345 (42 U.S.C. 5714–25) is amended—
in subsection (a)—
in paragraph (1)—
by striking 13
and inserting 12
; and
by striking and
at the end;
in paragraph (2), by striking the period and inserting a semicolon; and
by adding at the end the following:
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
that does not disclose the identity of any runaway or homeless youth.
; and
in subsection (b)(1)—
in the matter preceding subparagraph (A), by striking 13
and inserting 12
;
in subparagraph (A), by striking and
at the end;
by redesignating subparagraph (B) as subparagraph (C);
by inserting after subparagraph (A) the following:
incidences, if any, of—
such individuals who are victims of trafficking in persons; or
such individuals who are victims of sexual exploitation; and
; and
in subparagraph (C), as so redesignated—
in clause (ii), by striking ; and
and inserting , including mental health services;
; and
by adding at the end the following:
access to education and job training; and
.
Sexual abuse prevention program
Section 351 (42 U.S.C. 5714–41) is amended—
in subsection (a)—
by inserting public and
before nonprofit
; and
by striking prostitution, or sexual exploitation.
and inserting violence, trafficking in persons, or sexual exploitation.
; and
by adding at the end the following:
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 all youth described in subsection (a).
.
General provisions
Reports
Section 382(a) (42 U.S.C. 5715(a)) is amended—
in paragraph (1)—
by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; and
by inserting after subparagraph (A) the following:
collecting data on trafficking in persons and sexual exploitation of runaway and homeless youth;
; and
in paragraph (2)—
by striking subparagraph (A) and inserting the following:
the number and characteristics of homeless youth served by such projects, including—
such youth who are victims of trafficking in persons or sexual exploitation;
such youth who are pregnant or parenting;
such youth who have been involved in the child welfare system; and
such youth who have been involved in the juvenile justice system;
; and
in subparagraph (F), by striking intrafamily problems
and inserting problems within the family, including (if appropriate) individuals identified by such youth as
family,
.
Nondiscrimination
Part F is amended by inserting after section 386A (42 U.S.C. 5732–1) the following:
Nondiscrimination
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, denied the benefits of, or 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 by the Administration for Children and Families of the Department of Health and Human Services.
Disqualification
Any State, locality, organization, agency, or entity that violates the requirements of subsection (a) shall not be eligible to receive any grant, assistance, or funding provided under this title.
.
Definitions
Section 387 (42 U.S.C. 5732a) is amended—
by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively;
in paragraph (5)(B)(v)—
by redesignating subclauses (II) through (IV) as subclauses (III) through (V), respectively;
by inserting after subclause (I), the following:
trafficking in persons;
;
in subclause (IV), as so redesignated—
by striking diseases
and inserting infections
; and
by striking and
at the end;
in subclause (V), as so redesignated, by striking the period and
inserting ; and
; and
by adding at the end the following:
suicide.
;
in paragraph (6)(B), by striking prostitution,
and inserting trafficking in persons,
;
by inserting after paragraph (6), the following:
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).
;
in paragraph (8), as so redesignated—
by inserting to homeless youth
after provides
; and
by inserting , to establish a stable family or community supports,
after self-sufficient living
; and
in paragraph (9)(B), as so redesignated—
in clause (ii)—
by inserting or able
after willing
; and
by striking or
at the end;
in clause (iii), by striking the period and inserting ; or
; and
by adding at the end the following:
who is involved in the child welfare or juvenile justice system, but who is not receiving government-funded housing.
.
Authorization of appropriations
Section 388(a) (42 U.S.C. 5751(a)) is amended—
in paragraph (1), by striking for fiscal year 2009,
and all that follows through the period and inserting for each of fiscal years 2015 through 2019.
;
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 2015 through 2019.
; and
in paragraph (4), by striking for fiscal year 2009
and all that follows through the period and inserting for each of fiscal years 2015 through 2019.
.
Short title
This Act may be cited as the
Runaway and Homeless Youth and Trafficking Prevention Act
.
Runaway and Homeless Youth Act
References
Except as otherwise specifically provided, whenever in this title 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.).
Findings
Section 302 (42 U.S.C. 5701) is amended—
in paragraph (2), by inserting age, gender, and culturally and
before linguistically appropriate
;
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
;
in paragraph (5)—
by inserting a safe place to live and
after youth need
; and
by striking and
at the end;
in paragraph (6), by striking the period and inserting ; and
; and
by adding at the end the following:
runaway and homeless youth are at a high risk of becoming victims of sexual exploitation and trafficking in persons.
.
Basic center grant program
Grants for centers and services
Section 311(a) (42 U.S.C. 5711(a)) is amended—
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
in paragraph (2)—
in subparagraph (A), by striking mental health,
;
in subparagraph (B)—
in clause (i), by striking 21 days; and
and inserting 30 days;
;
in clause (ii)—
by inserting age, gender, and culturally and linguistically appropriate
before individual
;
by inserting , as appropriate,
after group
; and
by striking as appropriate
and inserting including (if appropriate) counseling for individuals identified by such youth as family
; and
by adding at the end the following:
suicide prevention services; and
; and
in subparagraph (C)—
in clause (ii), by inserting age, gender, and culturally and linguistically appropriate
before home-based services
;
in clause (iii), by striking and
at the end;
in clause (iv), by striking diseases.
and inserting infections;
; and
by adding at the end the following:
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
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.
.
Eligibility; plan requirements
Section 312 (42 U.S.C. 5712) is amended—
in subsection (b)—
in paragraph (5), by inserting , or (if appropriate) individuals identified by such youth as family,
after parents or legal guardians
;
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
;
by striking paragraph (7) and inserting the following:
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—
such youth who are not referred to out-of-home shelter services;
such youth who are members of vulnerable or underserved populations;
such youth who are victims of trafficking in persons or sexual exploitation, disaggregated by—
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);
such youth who have been coerced or forced into other forms of labor; and
such youth who have engaged in a commercial sex act, as so defined, for any reason other than by coercion or force;
such youth who are pregnant or parenting;
such youth who have been involved in the child welfare system; and
such youth who have been involved in the juvenile justice system;
;
by redesignating paragraphs (8) through (13) as paragraphs (9) through (14);
by inserting after paragraph (7) the following:
shall ensure that—
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 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
reports or other documents based on the statistics described in paragraph (7) shall not disclose the identity of any individual runaway or homeless youth;
;
in paragraph (9), as so redesignated, by striking statistical summaries
and inserting statistics
;
in paragraph (13)(C), as so redesignated—
by striking clause (i) and inserting:
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—
such youth (including both types of such participating youth) who are victims of trafficking in persons or sexual exploitation, disaggregated by—
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);
such youth who have been coerced or forced into other forms of labor; and
such youth who have engaged in a commercial sex act, as so defined, for any reason other than by coercion or force;
such youth who are pregnant or parenting;
such youth who have been involved in the child welfare system; and
such youth who have been involved in the juvenile justice system; and
; and
in clause (ii), by striking and
at the end;
in paragraph (14), as so redesignated, by striking the period and inserting for natural disasters, inclement weather, and mental health emergencies;
; and
by adding at the end the following:
shall provide age, gender, and culturally and linguistically appropriate services to runaway and homeless youth; and
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
in subsection (d)—
in paragraph (1)—
by inserting age, gender, and culturally and linguistically appropriate
after provide
;
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
by inserting suicide prevention,
after physical health care,
; and
in paragraph (4), by inserting , including training on trauma-informed and youth-centered care
after home-based services
.
Approval of applications
Section 313(b) (42 U.S.C. 5713(b)) is amended—
by striking priority to
and all that follows through who
and inserting priority to eligible applicants who
;
by striking ; and
and inserting a period; and
by striking paragraph (2).
Transitional living grant program
Section 322(a) (42 U.S.C. 5714–2(a)) is amended—
in paragraph (1)—
by inserting age, gender, and culturally and linguistically appropriate
before information and counseling services
; and
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
;
by redesignating paragraphs (3) through (8) and (9) through (16) as paragraphs (5) through (10) and (12) through (19), respectively;
by inserting after paragraph (2) the following:
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;
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;
;
in paragraph (9), as so redesignated—
by inserting age, gender, and culturally and linguistically appropriate
after referral of homeless youth to
;
by striking and health care programs
and inserting mental health service and health care programs, including programs providing comprehensive services
to
victims of trafficking in persons or sexual
exploitation,
; and
by striking such services for youths;
and inserting such programs described in this paragraph;
;
by inserting after paragraph (10), as so redesignated, the following:
to develop a plan to provide age, gender, and culturally and linguistically appropriate services that address the needs of homeless and street youth;
;
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
in paragraph (19), as so redesignated, by inserting regarding responses to natural disasters, inclement weather, and mental health emergencies
after management plan
.
Coordinating, training, research, and other activities
Coordination
Section 341 (42 U.S.C. 5714–21) is amended—
in the matter preceding paragraph (1), by inserting safety, well-being,
after health,
; and
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
.
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
.
Grants for research, evaluation, demonstration, and service projects
Section 343 (42 U.S.C. 5714–23) is amended—
in subsection (b)—
in paragraph (5)—
in subparagraph (A), by inserting violence, trauma, and
before sexual abuse and assault
;
in subparagraph (B), by striking sexual abuse and assault; and
and inserting sexual abuse or assault, trafficking in persons, or sexual exploitation;
;
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
by adding at the end the following:
best practices for identifying and providing age, gender, and culturally and linguistically appropriate services to—
vulnerable and underserved youth populations; and
youth who are victims of trafficking in persons or sexual exploitation; and
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);
;
in paragraph (9), by striking and
at the end;
in paragraph (10), by striking the period and inserting ; and
; and
by adding at the end the following:
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
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
.
Periodic estimate of incidence and prevalence of youth homelessness
Section 345 (42 U.S.C. 5714–25) is amended—
in subsection (a)—
in paragraph (1)—
by striking 13
and inserting 12
; and
by striking and
at the end;
in paragraph (2), by striking the period and inserting a semicolon; and
by adding at the end the following:
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
that does not disclose the identity of any runaway or homeless youth.
; and
in subsection (b)(1)—
in the matter preceding subparagraph (A), by striking 13
and inserting 12
;
in subparagraph (A), by striking and
at the end;
by redesignating subparagraph (B) as subparagraph (C);
by inserting after subparagraph (A) the following:
incidences, if any, of—
such individuals who are victims of trafficking in persons; or
such individuals who are victims of sexual exploitation; and
; and
in subparagraph (C), as so redesignated—
in clause (ii), by striking ; and
and inserting , including mental health services;
; and
by adding at the end the following:
access to education and job training; and
.
Sexual abuse prevention program
Section 351 (42 U.S.C. 5714–41) is amended—
in subsection (a)—
by inserting public and
before nonprofit
; and
by striking prostitution, or sexual exploitation.
and inserting violence, trafficking in persons, or sexual exploitation.
; and
by adding at the end the following:
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 all youth described in subsection (a).
.
General provisions
Reports
Section 382(a) (42 U.S.C. 5715(a)) is amended—
in paragraph (1)—
by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; and
by inserting after subparagraph (A) the following:
collecting data on trafficking in persons and sexual exploitation of runaway and homeless youth;
; and
in paragraph (2)—
by striking subparagraph (A) and inserting the following:
the number and characteristics of homeless youth served by such projects, including—
such youth who are victims of trafficking in persons or sexual exploitation;
such youth who are pregnant or parenting;
such youth who have been involved in the child welfare system; and
such youth who have been involved in the juvenile justice system;
; and
in subparagraph (F), by striking intrafamily problems
and inserting problems within the family, including (if appropriate) individuals identified by such youth as
family,
.
Nondiscrimination
Part F is amended by inserting after section 386A (42 U.S.C. 5732–1) the following:
Nondiscrimination
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, denied the benefits of, or 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 by the Administration for Children and Families of the Department of Health and Human Services.
Disqualification
Any State, locality, organization, agency, or entity that violates the requirements of subsection (a) shall not be eligible to receive any grant, assistance, or funding provided under this title.
Accountability
In general
All grants awarded by the Secretary under this title shall be subject to the following accountability provisions:
Audit requirement
Definition
In this paragraph, the term unresolved audit finding means an audit report finding in the final audit report of the Inspector General of the Department of Health and Human Services that the grantee has used grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved during the 12-month period beginning on the date on which the final audit report is issued.
Requirement
Beginning in the first fiscal year beginning after the date of enactment of the Runaway and Homeless Youth and Trafficking Prevention Act, and in each fiscal year thereafter, the Inspector General of the Department of Health and Human Services shall conduct audits of recipients of grants under this title to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year.
Mandatory exclusion
A recipient of grant funds under this title that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this title during the first 2 fiscal years beginning after the end of the 12-month period described in subparagraph (A).
Priority
In awarding grants under this title, the Secretary shall give priority to eligible applicants that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this title.
Reimbursement
If an entity is awarded grant funds under this title during the 2-fiscal-year period during which the entity is barred from receiving grants under subparagraph (C), the Secretary shall—
deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and
seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.
Nonprofit organization requirements
Definition
For purposes of this paragraph and the grant programs under this title, the term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code.
Prohibition
The Secretary may not award a grant under this title to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986.
Disclosure
Each nonprofit organization that is awarded a grant under this title and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees, and key employees, shall disclose to the Secretary, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Secretary shall make the information disclosed under this subparagraph available for public inspection.
Conference expenditures
Limitation
No amounts authorized to be appropriated to the Department of Health and Human Services under this title may be used by the Secretary, or by any individual or entity awarded discretionary funds through a cooperative agreement under this title, to host or support any expenditure for conferences that uses more than $20,000 in funds made available to the Department of Health and Human Services, unless the Deputy Secretary or the appropriate Assistant Secretary, Director, or principal deputy (as designated by the Deputy Secretary) provides prior written authorization that the funds may be expended to host the conference.
Written approval
Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food, beverages, audio-visual equipment, honoraria for speakers, and entertainment.
Report
The Deputy Secretary shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on Education and the Workforce of the House of Representatives on all conference expenditures approved under this paragraph.
Annual certification
Beginning in the first fiscal year beginning after the date of enactment of the Runaway and Homeless Youth and Trafficking Prevention Act, the Secretary shall submit, to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on Education and the Workforce and the Committee on Appropriations of the House of Representatives, an annual certification indicating whether—
all audits issued by the Office of the Inspector General under paragraph (1) have been completed and reviewed by the appropriate Assistant Secretary or Director;
all mandatory exclusions required under paragraph (1)(C) have been issued;
all reimbursements required under paragraph (1)(E) have been made; and
includes a list of any grant recipients excluded under paragraph (1) from the previous year.
Prohibition on lobbying activity
In general
Amounts authorized to be appropriated under this title may not be utilized by any grant recipient to—
lobby any representative of the Department of Health and Human Services regarding the award of grant funding; or
lobby any representative of a Federal, State, local, or tribal government regarding the award of grant funding.
Penalty
If the Secretary determines that any recipient of a grant under this title has violated subparagraph (A), the Secretary shall—
require the grant recipient to repay the grant amount in full; and
prohibit the grant recipient from receiving another grant under this title for not less than 5 years.
Definition
In this section, the term grant includes a contract or agreement for Federal financial assistance.
.
Definitions
Section 387 (42 U.S.C. 5732a) is amended—
by redesignating paragraphs (1) through (6), and (7) and (8), as paragraphs (2) through (7), and (9) and (10), respectively;
by inserting before paragraph (2), as so redesignated, the following:
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.
;
in paragraph (6)(B)(v), as so redesignated—
by redesignating subclauses (II) through (IV) as subclauses (III) through (V), respectively;
by inserting after subclause (I), the following:
trafficking in persons;
;
in subclause (IV), as so redesignated—
by striking diseases
and inserting infections
; and
by striking and
at the end;
in subclause (V), as so redesignated, by striking the period and
inserting ; and
; and
by adding at the end the following:
suicide.
;
in paragraph (7)(B), as so redesignated, by striking prostitution,
and inserting trafficking in persons,
;
by inserting after paragraph (7), as so redesignated, the following:
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).
;
in paragraph (9), as so redesignated—
by inserting to homeless youth
after provides
; and
by inserting , to establish a stable family or community supports,
after self-sufficient living
; and
in paragraph (10)(B), as so redesignated—
in clause (ii)—
by inserting or able
after willing
; and
by striking or
at the end;
in clause (iii), by striking the period and inserting ; or
; and
by adding at the end the following:
who is involved in the child welfare or juvenile justice system, but who is not receiving government-funded housing.
.
Authorization of appropriations
Section 388(a) (42 U.S.C. 5751(a)) is amended—
in paragraph (1), by striking for fiscal year 2009,
and all that follows through the period and inserting for each of fiscal years 2015 through 2019.
;
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 2015 through 2019.
; and
in paragraph (4), by striking for fiscal year 2009
and all that follows through the period and inserting for each of fiscal years 2015 through 2019.
.
Combatting Human Trafficking
Short title
This title may be cited as
the Justice for Victims of Trafficking
Act of 2014
.
Domestic trafficking victims' fund
In general
Chapter 201 of title 18, United States Code, is amended by adding at the end the following:
Additional special assessment
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—
chapter 77 (relating to peonage, slavery, and trafficking in persons);
chapter 109A (relating to sexual abuse);
chapter 110 (relating to sexual exploitation and other abuse of children);
chapter 117 (relating to transportation for illegal sexual activity and related crimes); or
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.
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.
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), to be administered by the Attorney General, in
consultation with the Secretary of Homeland Security and the
Secretary of
Health and Human Services.
Notwithstanding section 3302 of title 31, United States Code, 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.
From amounts in the Fund, in addition to any other amounts available, and without further appropriation, the Attorney General, in coordination with the Secretary of Health and Human Services shall, for each of fiscal years 2015 through 2019, use amounts available in the Fund to award grants or enhance victims' programming under—
sections 202, 203, and 204 of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044a, 14044b, and 14044c);
subsections (b)(2) and (f) of section 107 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105); and
section 214(b) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13002(b)).
Of the amounts in the Fund used under paragraph (1), not less than $2,000,000 shall be used 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)).
Effective on the day after the date of enactment of the Justice for Victims of Trafficking Act of 2014, 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).
Amounts transferred under paragraph (1)—
shall be available for any authorized purpose of the Crime Victims Fund; and
shall remain available until expended.
The amount assessed under subsection (a) shall, subject to subsection (b), be collected in the manner that fines are collected in criminal cases.
The obligation to pay an assessment imposed on or after the date of enactment of the Justice for Victims of Trafficking Act of 2014 shall not cease until the assessment is paid in full.
.
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.
.
Official recognition of American victims of human trafficking
Section 107(f) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105) is amended by adding at the end the following:
Official recognition of american victims of human trafficking
In general
Upon receiving credible information that establishes by a preponderance of the evidence that a covered individual is a victim of a severe form of trafficking and at the request of the covered individual, the Secretary of Health and Human Services shall promptly issue a determination that the covered individual is a victim of a severe form of trafficking. The Secretary shall have exclusive authority to make such a determination.
Covered individual defined
In this subsection, the term covered individual means—
a citizen of the United States; or
an alien lawfully admitted for permanent residence (as that term is defined in section 101(20) of the Immigration and Nationality Act (8 U.S.C. 1101(20))).
Procedure
For purposes of this paragraph, in determining whether a covered individual has provided credible information that the covered individual is a victim of a severe form of trafficking, the Secretary of Health and Human Services shall consider all relevant and credible evidence, and if appropriate, consult with the Attorney General, the Secretary of Homeland Security, or the Secretary of Labor.
Presumptive evidence
For purposes of this paragraph, the following forms of evidence shall receive deference in determining whether a covered individual has established that the covered individual is a victim of a severe form of trafficking:
A sworn statement by the covered individual or a representative of the covered individual if the covered individual is present at the time of such statement but not able to competently make such sworn statement.
Police, government agency, or court records or files.
Documentation from a social services, trafficking, or domestic violence program, child welfare or runaway and homeless youth program, or a legal, clinical, medical, or other professional from whom the covered individual has sought assistance in dealing with the crime.
A statement from any other individual with knowledge of the circumstances that provided the basis for the claim.
Physical evidence.
Regulations required
Not later than 18 months after the date of enactment of the Justice for Victims of Trafficking Act of 2014, the Secretary of Health and Human Services shall adopt regulations to implement this paragraph.
Rule of construction; official recognition optional
Nothing in this paragraph shall be construed to require a covered individual to obtain a determination under this paragraph in order to be defined or classified as a victim of a severe form of trafficking under this section.
.
Victim-centered human trafficking deterrence block grant program
In general
Section 203 of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044b) is amended to read as follows:
Victim-centered child human trafficking deterrence block grant program
Grants authorized
The Attorney General may make block grants to an eligible entity to develop, improve, or expand comprehensive 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.
Authorized activities
Grants awarded under subsection (a) may be used for—
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—
identify victims and acts of child human trafficking;
address the unique needs of child victims of human trafficking;
facilitate the rescue of child victims of human trafficking;
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;
use laws that prohibit acts of child human trafficking, child sexual abuse, and child rape, and to assist in the development of State and local laws to prohibit, investigate, and prosecute acts of child human trafficking; and
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;
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—
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;
investigation expenses for cases involving child human trafficking, including—
wire taps;
consultants with expertise specific to cases involving child human trafficking;
travel; and
other technical assistance expenditures;
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;
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—
child advocacy centers;
social service agencies;
State governmental health service agencies;
housing agencies;
legal services agencies; and
non-governmental organizations and shelter service providers with substantial experience in delivering comprehensive services to victims of child human trafficking; and
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
the establishment or enhancement of problem solving court programs for trafficking victims that include—
mandatory and regular training requirements for judicial officials involved in the administration or operation of the court program described under this paragraph;
continuing judicial supervision of victims of child human trafficking 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;
the development of a specialized and individualized, court-ordered treatment program for identified victims of child human trafficking, including—
State-administered outpatient treatment;
life skills training;
housing placement;
vocational training;
education;
family support services; and
job placement;
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;
regular and mandatory court appearances by the victim during the duration of the treatment program for purposes of ensuring compliance and effectiveness;
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
collaborative efforts with child advocacy centers, child welfare agencies, shelters, and non-governmental organizations to provide comprehensive services to victims and encourage cooperation with law enforcement.
Application
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.
Required information
An application submitted under this subsection shall—
describe the activities for which assistance under this section is sought;
include a detailed plan for the use of funds awarded under the grant; and
provide such additional information and assurances as the Attorney General determines to be necessary to ensure compliance with the requirements of this section.
Preference
In reviewing applications submitted in accordance with paragraphs (1) and (2), the Attorney General shall give preference to grant applications if—
the application includes a plan to use awarded funds to engage in all activities described under paragraphs (1) through (3) of subsection (b); or
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.
Duration and renewal of award
In general
A grant under this section shall expire 3 years after the date of award of the grant.
Renewal
A grant under this section shall be renewable not more than 2 times and for a period of not greater than2 years.
Evaluation
The Attorney General shall enter into a contract with a non-governmental organization, including an academic or non-profit organization, that has experience in 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.
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.
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.
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.
Federal share
The Federal share of the cost of a program funded by a grant awarded under this section shall be—
70 percent in the first year;
60 percent in the second year; and
50 percent in the third year, and all subsequent years.
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 2015 through 2019.
Definitions
In this section—
the term child means a person under the age of 18;
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.);
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; and
the term eligible entity means a State or unit of local government that—
has significant criminal activity involving child human trafficking;
has demonstrated cooperation between Federal, State, local, and, where applicable, tribal law enforcement agencies, prosecutors, and social service providers in addressing child human trafficking;
has developed a workable, multi-disciplinary plan to combat child human trafficking, including—
the establishment of a shelter for victims of child human trafficking, through existing or new facilities;
the provision of trauma-informed, gender-responsive rehabilitative care to victims of child human trafficking;
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;
prevention, deterrence, and prosecution of offenses involving child human trafficking, including soliciting, patronizing, or purchasing human acts with children;
cooperation or referral agreements with organizations providing outreach or other related services to runaway and homeless youth;
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
cooperation or referral agreements with State child welfare agencies and child advocacy centers; and
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.
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 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.
.
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.
.
Direct services for victims of child pornography
The Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.) is amended—
in section 212(5) (42 U.S.C. 13001a(5)), by
inserting , including human trafficking and the production of child
pornography
before the semicolon at the end; and
in section 214 (42 U.S.C. 13002)—
by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and
by inserting after subsection (a) the following:
Direct services for victims of child pornography
The Administrator, in coordination with the Director and with the Director of the Office of Victims of Crime, may make grants to develop and implement specialized programs to identify and provide direct services to victims of child pornography.
.
Increasing restitution for trafficking victims
Title 18 amendments
Section 1594 of title 18, United States Code, is amended—
by redesignating subsection (f) as subsection (g); and
by inserting after subsection (e) the following:
Notwithstanding any other provision of law, the Attorney General shall transfer assets forfeited pursuant to this section, or the proceeds derived from the sale thereof, to satisfy victim restitution orders arising from violations of this chapter. Such transfers shall have priority over any other claims to the assets or their proceeds.
.
Title 28 amendment
Section 524(c)(1)(B) of title 28, United States Code,
is amended by inserting chapter 77 of title 18,
after
criminal drug laws of the United States or of
.
Title 31 amendment
Section 9703(a)(2)(B) of title 31, United States Code (relating to the Department of the Treasury Forfeiture Fund), is amended—
in clause
(iii)(III), by striking and
at the end;
in clause (iv),
by striking the period at the end and inserting ; and
;
and
by inserting after clause (iv) the following:
the United States Immigration and Customs Enforcement with respect to a violation of chapter 77 of title 18 (relating to human trafficking).
.
Streamlining State and local human trafficking investigations
Section 2516(2) of title 18, United States Code, is amended by inserting human trafficking, child sexual exploitation, child pornography production,
after kidnapping,
.
Enhancing human trafficking reporting
Section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) is amended by adding at the end the following:
Part 1 violent crimes To include human trafficking
For purposes of this section, the term part 1 violent crimes shall include severe forms of trafficking in persons, as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
.
Reducing demand for sex trafficking
Clarification of range of conduct punished as sex trafficking
Section 1591 of title 18, United States Code, is amended—
in subsection
(a)(1), by striking or maintains
and inserting maintains,
patronizes, or solicits
;
in subsection (b)—
in paragraph (1),
by striking or obtained
and inserting obtained,
patronized, or solicited
; and
in paragraph (2),
by striking or obtained
and inserting obtained,
patronized, or solicited
; and
in subsection (c)—
by striking
or maintained
and inserting , maintained, patronized, or
solicited
; and
by striking
knew that the person
and inserting knew, or recklessly
disregarded the fact, that the person
.
Definition amended
Section 103(10) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7102(10)) is amended by striking or obtaining
and inserting obtaining, patronizing, or soliciting
.
Purpose
The purpose of the amendments made by this section is to clarify the range of conduct punished as sex trafficking.
Using existing task forces to target offenders who exploit children
Not later than 180 days after the date of enactment of this Act, the Attorney General shall ensure that all task forces and working groups within the Innocence Lost National Initiative engage in activities, programs, or operations to increase the investigative capabilities of State and local law enforcement officers in the detection, investigation, and prosecution of persons who patronize, or solicit children for sex.
Grant Accountability
Definition
In this section, the term covered grant means a grant awarded by the Attorney General under section 203 of the Trafficking Victims Protection Reauthorization Act (42 U.S.C. 14044b).
Accountability
All covered grants shall be subject to the following accountability provisions:
Audit requirement
In general
Beginning in the first fiscal year beginning after the date of the enactment of this Act, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of a covered grant to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year.
Definition
In this paragraph, the term unresolved audit finding means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued.
Mandatory exclusion
A recipient of a covered grant that is found to have an unresolved audit finding shall not be eligible to receive a covered grant during the following 2 fiscal years.
Priority
In awarding covered grants the Attorney General shall give priority to eligible entities that did not have an unresolved audit finding during the 3 fiscal years prior to submitting an application for a covered grant.
Reimbursement
If an entity is awarded a covered grant during the 2-fiscal-year period in which the entity is barred from receiving grants under subparagraph (C), the Attorney General shall—
deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and
seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.
Nonprofit organization requirements
Definition
For purposes of this paragraph and covered grants, the term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code.
Prohibition
The Attorney General may not award a covered grant to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986.
Disclosure
Each nonprofit organization that is awarded a covered grant and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees, shall disclose to the Attorney General, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Attorney General shall make the information disclosed under this subsection available for public inspection.
Conference expenditures
Limitation
No amounts authorized to be appropriated to the Department of Justice under this Act, or the amendments made by this Act, may be used by the Attorney General, or by any individual or organization awarded discretionary funds through a cooperative agreement under this Act, or the amendments made by this Act, to host or support any expenditure for conferences that uses more than $20,000 in Department funds, unless the Deputy Attorney General or such Assistant Attorney Generals, Directors, or principal deputies as the Deputy Attorney General may designate, provides prior written authorization that the funds may be expended to host a conference.
Written approval
Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audiovisual equipment, honoraria for speakers, and any entertainment.
Report
The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all approved conference expenditures referenced in this paragraph.
Annual certification
Beginning in the first fiscal year beginning after the date of the enactment of this Act, the Attorney General shall submit, to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, an annual certification that—
all audits issued by the Office of the Inspector General under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director;
all mandatory exclusions required under paragraph (1)(C) have been issued;
all reimbursements required under paragraph (1)(E) have been made; and
includes a list of any grant recipients excluded under paragraph (1) from the previous year.
Prohibition on lobbying activity
In general
Amounts authorized to be appropriated under this Act, or any amendments made by this Act, may not be utilized by any grant recipient to—
lobby any representative of the Department of Justice regarding the award of grant funding; or
lobby any representative of a Federal, state, local, or tribal government regarding the award of grant funding.
Penalty
If the Attorney General determines that any recipient of a covered grant has violated subparagraph (A), the Attorney General shall—
require the grant recipient to repay the grant in full; and
prohibit the grant recipient from receiving another covered grant for not less than 5 years.
Other Matters
Response to missing children and victims of child sex trafficking
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
.
Crime Control Act of 1990
Section 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) is amended—
in paragraph (2), by striking and
at the end;
in paragraph (3)—
by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and
by inserting after subparagraph (A) the following:
a recent photograph of the child, if available;
; and
in paragraph (4)—
in the matter preceding subparagraph (A), by striking paragraph 2
and inserting paragraph (3)
;
in subparagraph (A)—
by striking 60 days
and inserting 30 days
; and
by inserting and a photograph taken within the previous 180 days
after dental records
;
in subparagraph (B), by striking and
at the end;
by redesignating subparagraph (C) as subparagraph (D);
by inserting after subparagraph (B) the following:
notify the National Center for Missing and Exploited Children of each report received relating to a child reported missing from a foster care family home or childcare institution;
;
in subparagraph (D), as redesignated—
by inserting State and local child welfare systems and
before the National Center for Missing and Exploited Children
; and
by striking the period at the end and inserting ; and
; and
by adding at the end the following:
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.
.
Combat Human Trafficking Act
Short title
This section may be cited as the Combat Human Trafficking Act of 2014
.
Bureau of Justice Statistics report on State enforcement of sex trafficking prohibitions
Definitions
In this subsection—
the terms commercial sex act, severe forms of trafficking in persons, State, and Task Force have the meanings given those terms in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102);
the term covered offense means the provision, obtaining, patronizing, or soliciting of a commercial sex act involving a person subject to severe forms of trafficking in persons; and
the term State law enforcement officer means any officer, agent, or employee of a State authorized by law or by a State government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law.
Report
The Director of the Bureau of Justice Statistics shall—
prepare an annual report on—
the rates of—
arrest of individuals by State law enforcement officers for a covered offense;
prosecution (including specific charges) of individuals in State court systems for a covered offense; and
conviction of individuals in State court systems for a covered offense; and
sentences imposed on individuals convicted in State court systems for a covered offense; and
submit the annual report prepared under subparagraph (A) to—
the Committee on the Judiciary of the House of Representatives;
the Committee on the Judiciary of the Senate;
the Task Force;
the Senior Policy Operating Group established under section 105(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(g)); and
the Attorney General.
Department of Justice training and policy
Definitions
In this subsection—
the terms commercial sex act and State have the meaning given those terms in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102);
the term Federal law enforcement officer has the meaning given the term in section 115 of title 18, United States Code;
the term local law enforcement officer means any officer, agent, or employee of a unit of local government authorized by law or by a local government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law; and
the term State law enforcement officer means any officer, agent, or employee of a State authorized by law or by a State government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law.
Training
The Attorney General shall ensure that each anti-human trafficking program operated by the Department of Justice, including each anti-human trafficking training program for Federal, State, or local law enforcement officers, includes technical training on effective methods for investigating and prosecuting individuals who obtain, patronize, or solicit commercial sex acts.
Policy for Federal law enforcement officers
The Attorney General shall ensure that Federal law enforcement officers are engaged in activities, programs, or operations involving the detection, investigation, and prosecution of individuals described in paragraph (2).
Wiretap authority for human trafficking violations
Section 2516(1)(c) of title 18, United States Code, is amended—
by inserting before section 1591
the following: section 1581 (peonage), section 1584 (involuntary servitude), section 1589 (forced labor), section
1590 (trafficking with respect to peonage, slavery, involuntary servitude,
or forced labor),
; and
by inserting before section 1751
the following: section 1592 (unlawful conduct with respect to documents in furtherance of trafficking, peonage,
slavery, involuntary servitude, or forced labor),
.
Strengthening crime victims' rights
Notification of plea agreement or other agreement
Section 3771(a) of title 18, United States Code, is amended by adding at the end the following:
The right to be informed in a timely manner of any plea agreement or deferred prosecution agreement.
.
Appellate review of petitions relating to crime victims' rights
In general
Section 3771(d)(3) of title 18, United States Code, is amended by inserting after the fifth
sentence the following: In deciding such application, the court of appeals shall apply ordinary standards of appellate
review.
.
Application
The amendment made by paragraph (1) shall apply with respect to any petition for a writ of mandamus filed under section 3771(d)(3) of title 18, United States Code, that is pending on the date of enactment of this Act.
October 1, 2014
Reported with an amendment
