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2.2 MB

Extraction Summary

2
People
7
Organizations
2
Locations
2
Events
3
Relationships
3
Quotes

Document Information

Type: Doj legislative analysis memo
File Size: 2.2 MB
Summary

This document is a Department of Justice (DOJ) analysis and opposition to Section 214 of a proposed bill concerning trafficking victims, likely from around 2008. The DOJ argues the bill's grant authorizations are redundant, create conflicts of interest with NGOs, improperly involve the Department of State in domestic issues, and wrongly extend victim benefits to prostitutes under the Mann Act who do not meet the legal definition of a victim unless under 18.

People (2)

Name Role Context
Attorney General Government Official
Authorized by a bill (Section 214) to make grants to assist victims of trafficking. The DOJ notes the Attorney Genera...
Secretary of State Government Official
Mentioned in a proposed consultation requirement for establishing programs for domestic U.S. citizen trafficking vict...

Organizations (7)

Name Type Context
Department of Justice (DOJ)
Author of the memo, opposing sections of a bill. Conducts training on trafficking and provides grants to crime victims.
Department of Health and Human Services (HHS)
Mentioned as an agency whose expertise must be mobilized to combat trafficking.
Department of Homeland Security (DHS)
Mentioned as an agency whose expertise must be mobilized to combat trafficking.
Department of State
The DOJ argues that establishing programs for domestic trafficking victims is outside the mission and expertise of th...
Non-government organizations (NGOs)
The DOJ opposes a mandatory consultation with NGOs, citing a conflict of interest as these NGOs could apply for grant...
Innocence Lost National Initiative
A program through which the DOJ has experience conducting training on juvenile victims.
Innocence Lost Task Forces
The DOJ suggests that funds should go toward the work and development of these task forces.

Timeline (2 events)

Circa 2008
The Department of Justice (DOJ) states its opposition to several subsections of Section 214 of a proposed bill concerning trafficking victims.
N/A
DOJ
Ongoing
DOJ conducts trainings for law enforcement and other audiences on the issue of trafficking in persons, including training on juvenile victims through the Innocence Lost National Initiative.
N/A
DOJ Task forces Federal, state, and local law enforcement

Locations (2)

Location Context
The document discusses programs for "domestic, U.S. citizen trafficking victims."
Mentioned in relation to the Mann Act, which criminalizes the transportation of prostitutes across state lines.

Relationships (3)

Department of Justice (DOJ) Inter-agency Disagreement Department of State
DOJ opposes a consultation requirement with the Secretary of State, stating that domestic victim services fall outside the Department of State's mission and expertise.
Department of Justice (DOJ) Potential Conflict of Interest Non-government organizations (NGOs)
DOJ opposes mandatory consultation with NGOs because those same NGOs could apply for grants, creating a conflict of interest.
Department of Justice (DOJ) Collaborative HHS and DHS
The document states that effective efforts to combat trafficking must mobilize the expertise of HHS, DHS, and DOJ.

Key Quotes (3)

"DOJ also notes a misspelling in the new subsection (F)(ii)— “edibility” instead of “eligibility”."
Source
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Quote #1
"This creates a conflict of interest since many of the NGOs will apply for and could receive grants under the program."
Source
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Quote #2
"DOJ opposes subsection (b) because it provides Victims of Crime Act of 1984 funds to prostitutes implicated in violations of the Mann Act... Such persons do not meet the legal definition of “victim”..."
Source
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Quote #3

Full Extracted Text

Complete text extracted from the document (3,094 characters)

DOJ also opposes subsection (b). Since the passage of the TVPA, DOJ has been one of
the principal agencies conducting trainings for a multitude of audiences, including task forces
and Federal, state, and local law enforcement, on the issue of trafficking in persons. The
Department also has experience in conducting training on juvenile victims through the Innocence
Lost National Initiative. Effective efforts to combat trafficking must mobilize the expertise of
HHS, DHS, and DOJ.
DOJ also notes a misspelling in the new subsection (F)(ii)— “edibility” instead of
“eligibility”.
16. Section 214
Section 214 of the bill authorizes the Attorney General to make grants to assist victims of
severe forms of trafficking up to $2.5 million in 2008, increasing to $15 million in 2011. The
Department of Justice already has authority to make grants for the provision of services for crime
victims and does so at a level in excess of $250 million a year. Also, the authorization of yet
another grant program runs counter to the Administration’s proposal in the 2008 Budget to
consolidate DOJ’s more than 70 grant programs.
Moreover, any provision purporting to expand or alter definitions of individuals of
qualifying for victim benefits must include the requirement that a Federal law enforcement agent
must declare the individual to be a victim of a severe form of trafficking in persons, and that the
victim agree to cooperate in the investigation and prosecution, or that the victim be under the age
of 18.
DOJ opposes the consultation requirement in subsection (a)(1) with the Secretary of State
for establishing programs to serve domestic, U.S. citizen trafficking victims. Such domestic
authority falls outside of the mission and expertise of the Department of State. DOJ also opposes
the mandatory consultation with non-government organizations (NGOs) regarding the provision
of services. This creates a conflict of interest since many of the NGOs will apply for and could
receive grants under the program. Finally, any section regarding the provision of victim services
must also contain language that includes organizations that provide services to “juveniles
subjected to trafficking, as defined in section 203(g) of the Trafficking Victims Protection
Reauthorization Act of 2005,” which would ensure that the funds authorized to the Attorney
General for establishment of grants will go toward the work and development of the Innocence
Lost Task Forces.
DOJ opposes subsection (b) because it provides Victims of Crime Act of 1984 funds to
prostitutes implicated in violations of the Mann Act (criminalizing transportation of prostitutes in
interstate commerce). Such persons do not meet the legal definition of “victim” as that term is
defined in the law, unless the person prostituted is under the age of 18 at the time the crime was
committed or the person, through the application of another Federal statute or regulation,
satisfies the legal definition of a victim. Such persons are already eligible under the Crime
Victims Fund Act to receive benefits.
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