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2.11 MB
Extraction Summary
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People
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Organizations
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Locations
4
Events
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Relationships
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Quotes
Document Information
Type:
Government legislative analysis/commentary
File Size:
2.11 MB
Summary
This document is a Department of Justice (DOJ) analysis of proposed legislation concerning trafficking victims. The DOJ opposes several provisions, including the creation of a guardian ad litem program and a confidentiality section that could impede law enforcement, and recommends changes to language that would create a legal obligation for government-funded counsel. The DOJ also recommends striking a 2% funding cap for training and ensuring that both the DOJ and DHS are involved with HHS in the development of a $5 million pilot program.
Organizations (4)
| Name | Type | Context |
|---|---|---|
| Department of Justice (DOJ) |
The primary authoring/commenting organization, referred to as 'The Department' and 'DOJ'. It provides analysis and re...
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| Department of Health and Human Services (HHS) |
Mentioned in Section 302 as an agency that should not have exclusive authority for the development of a Pilot Program.
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| Department of Homeland Security (DHS) |
Mentioned in Section 302 as an agency that must be included in the development of the Pilot Program along with the DOJ.
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| Office of Justice Programs (OJP) |
Mentioned in Section 301 as the body that would better allocate trafficking funds if a funding cap were struck.
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Timeline (4 events)
DOJ analysis and opposition to subsection (d)(5) of a proposed Act, specifically the term 'shall ensure' regarding government-funded counsel for victims.
Department of Justice
DOJ opposition to subsection (d)(6) which would create a guardian ad litem program, citing conflict of interest concerns and existing procedures under 18 U.S.C. §3509(h).
Department of Justice
DOJ recommendation to strike the 2% cap on funding for training and technical assistance under 22 U.S.C. 7105(b)(2)(B) to allow OJP to better allocate funds for trafficking victims.
Department of Justice
DOJ recommendation to amend Section 203 of the 2005 version of an Act to ensure DOJ and DHS are included with HHS in the development of a $5,000,000 Pilot Program.
Department of Justice
Department of Health and Human Services
Department of Homeland Security
Locations (1)
| Location | Context |
|---|---|
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Mentioned in the context of amendments applying to 'all aliens in the United States'.
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Relationships (2)
Department of Justice (DOJ)
→
Inter-agency jurisdictional dispute/collaboration
→
Department of Health and Human Services (HHS)
The document states that HHS should not have exclusive authority over a pilot program and that DOJ and DHS must be included.
The document states that DOJ and DHS must be included in the development of a pilot program.
Key Quotes (4)
"The language of subsection (d)(5) must be changed from “shall ensure.”"Source
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Quote #1
"Such program raises serious conflict of interest concerns, and DOJ has opposed similar language in the past."Source
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Quote #2
"To effectively combat trafficking, relevant information must be transmitted to law enforcement."Source
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Quote #3
"DOJ and DHS must be included in the development of this program to ensure that the ability of Federal prosecutors and..."Source
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Quote #4
Full Extracted Text
Complete text extracted from the document (2,915 characters)
The language of subsection (d)(5) must be changed from “shall ensure.” This implies a
legal obligation on the Federal government to provide counsel and a concomitant right on behalf
of victims to government-funded counsel, which is inappropriate and would subject the
government to litigation over the nature and scope of the purported obligation and right.
legal obligation on the Federal government to provide counsel and a concomitant right on behalf
of victims to government-funded counsel, which is inappropriate and would subject the
government to litigation over the nature and scope of the purported obligation and right.
The Department also opposes subsection (d)(6), which creates a guardian ad litem
program. Such program raises serious conflict of interest concerns, and DOJ has opposed similar
language in the past. Establishment of a guardian ad litem program is also unnecessary in that 18
U.S.C. §3509(h) already sets forth detailed procedures which provide for court appointed
guardians ad litem for children who are victims of or witnesses to crimes involving abuse or
exploitation.
program. Such program raises serious conflict of interest concerns, and DOJ has opposed similar
language in the past. Establishment of a guardian ad litem program is also unnecessary in that 18
U.S.C. §3509(h) already sets forth detailed procedures which provide for court appointed
guardians ad litem for children who are victims of or witnesses to crimes involving abuse or
exploitation.
Subsection (d)(7) may result in unintended consequences due to this confidentiality
section. To effectively combat trafficking, relevant information must be transmitted to law
enforcement. Law enforcement is well-equipped to preserve confidentiality concerns.
section. To effectively combat trafficking, relevant information must be transmitted to law
enforcement. Law enforcement is well-equipped to preserve confidentiality concerns.
The Department believes that subsection (e) undermines the 1997 Special Immigrant
Juvenile reforms and opposes turning this back over to the states, where it was inherently flawed.
Juvenile reforms and opposes turning this back over to the states, where it was inherently flawed.
In section 236(j), the effect of the apparent retroactivity of the general applicability of
these amendments to “all aliens in the United States before, on, or after the date of enactment of
this Act” raises serious concerns about the provision of benefits and services and has the
potential to create serious problems for the Department in its implementation of the programs
described in this section.
these amendments to “all aliens in the United States before, on, or after the date of enactment of
this Act” raises serious concerns about the provision of benefits and services and has the
potential to create serious problems for the Department in its implementation of the programs
described in this section.
26. Section 301
DOJ recommends striking the 2 percent cap on funding for training and technical
assistance that is in 22 U.S.C. 7105(b)(2)(B). The unique complexity of the trafficking issue and
the level of coordination necessary to effectively serve trafficking victims requires much more
training and technical assistance than a typical OJP program. Striking the cap on training and
technical assistance will allow OJP to better allocate the trafficking funds it receives. The
change could be implemented by the following statutory language:
assistance that is in 22 U.S.C. 7105(b)(2)(B). The unique complexity of the trafficking issue and
the level of coordination necessary to effectively serve trafficking victims requires much more
training and technical assistance than a typical OJP program. Striking the cap on training and
technical assistance will allow OJP to better allocate the trafficking funds it receives. The
change could be implemented by the following statutory language:
“Paragraph 107(b)(2)(B)of Pub. L. 106-386 is amended by:
“(1) inserting ‘and’ after the first semicolon;
“(2) striking ‘(ii)’ through ‘;and’; and
“(3) striking ‘(iii)’ and inserting ‘(ii).””
“(1) inserting ‘and’ after the first semicolon;
“(2) striking ‘(ii)’ through ‘;and’; and
“(3) striking ‘(iii)’ and inserting ‘(ii).””
27. Section 302
Section 302 re-authorizes the $5,000,000 appropriation for the Pilot Program that was
first authorized by Section 203 of the 2005 version of this Act. The 2007 version, therefore,
should add language amending section 203 of the 2005 version to provide that HHS does not
have the exclusive authority for development of the pilot program. DOJ and DHS must be
included in the development of this program to ensure that the ability of Federal prosecutors and
first authorized by Section 203 of the 2005 version of this Act. The 2007 version, therefore,
should add language amending section 203 of the 2005 version to provide that HHS does not
have the exclusive authority for development of the pilot program. DOJ and DHS must be
included in the development of this program to ensure that the ability of Federal prosecutors and
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