[Congressional Record Volume 159, Number 22 (Tuesday, February 12, 2013)]
[Senate]
[Pages S598-S613]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2013
The PRESIDING OFFICER. Under the previous order, the Senate will
resume consideration of S. 47, which the clerk will report.
The legislative clerk read as follows:
A bill (S. 47) to reauthorize the Violence Against Women
Act of 1994.
Pending:
Coburn amendment No. 15, to more quickly resolve rape cases
and reduce the deficit by consolidating unnecessary
duplication within the Department of Justice.
Coburn amendment No. 16, to amend the requirements for
speedy notice to victims and to require a report to Congress.
The PRESIDING OFFICER. Under the previous order, the time until 11
a.m. will be equally divided between the two leaders or their
designees.
Mr. REID. Mr. President, I suggest the absence of a quorum, and I ask
unanimous consent that the time be equally divided between both sides.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Recognition of the Minority Leader
The PRESIDING OFFICER. The Republican leader is recognized.
State of the Union Address
Mr. McCONNELL. Mr. President, tonight we will welcome the President
to the Capitol to deliver his State of the Union Address.
As I mentioned yesterday, Republicans will be listening with great
interest to see where the President plans to take the country over the
coming year. Some media outlets are already reporting we will be
subjected to another litany of leftwing proposals, with plenty of red
meat for the President's base. I sure hope not. The campaign is over,
and the fact is that if the President plans to accomplish anything good
for the country in the coming months, he is going to have to go through
a Republican-controlled House.
So this morning I would like to humbly suggest once again that it is
time for the President to reach out to Congress, including Republicans,
and make divided government work. That is how he will actually address
the issues Americans are most concerned about right now, and it is the
only way.
The first issue many of us will be listening for tonight is the
President's plan for controlling spending and replacing the Obama
sequester. The record is clear that the President and his aides came up
with that sequester, and they got it. It is a little puzzling to see
them now trying to pass it off like a hot potato.
Republicans have been very clear about the fact that we would rather
enact smarter spending cuts. House Republicans even voted on the plan--
not once but twice--to do just that. But Washington Democrats so far
have failed to put forward a serious proposal of their own. They
ignored the issue for more than 1 year before finally showing up to the
debate last week with the usual gimmicks.
This is the President's chance to rally the American people around a
real set of spending cuts and reforms. I will be interested to see what
he plans to offer because what we have been hearing so far, frankly,
isn't very encouraging. He needs to understand the American people will
not accept attempts to replace deficit reduction both parties have
already agreed to with tax hikes. We already agreed to reduce spending
in the amount the sequester would reduce spending when we voted for the
Budget Control Act back in August of 2011 and the President signed it.
What we expect the President will be offering are tax hikes we all
know would be used to finance even more spending, when we promised the
American people we would spend less. If the President does try to do
that, then he shouldn't expect anyone else to go along, least of all
the American people.
Many on both sides of the aisle support eliminating tax loopholes in
the context of fundamental bipartisan tax simplification that lowers
tax rates, and we hope to have a chance to do that in the months ahead.
But it is bad policy to punish this industry or that one so Washington
can fund 1 more week of government spending and cause more Americans to
lose their jobs.
Remember, due to the operation of law, the President already got the
tax increases he wanted back on January 1. Because the law expired, the
President got the tax increases he wanted--not with any votes, but he
got it by the operation of law. So we are done with that part of the
equation. The tax issue is over.
If the President wants a balanced approach, now is the time to show
his hand on the spending cuts and reforms he will accept. That is how
compromise works. But when we hear the White House suggest the
challenge of controlling spending is essentially complete or when we
hear the House Democratic leader echo the President's claim that we
don't have a spending problem, it is hard to know where to start after
a ridiculous suggestion such as that.
Over the weekend I spent some time in Nelson County, KY, and I can
assure everyone the folks I spoke with there strongly disagree with the
President's assessment.
The truth is the President knows better than that himself. Deep down
he knows spending is completely out of control. He knows the debt has
already grown by $6 trillion over his 4 years in office. He knows that
without spending reform, the national debt will increase to double the
size of our economy in just a few decades. He knows something must be
done now to save Medicare and Social Security before they go broke.
Tonight is a chance to show it, to be straight with the American
people, and to reveal what he plans to do about all this.
The good news is that many of the things we need to do to control
spending and many of the things we need to
[[Page S599]]
do to get the economy moving again are all one and the same. So I was
pleased to read the President might pivot to jobs again. Unfortunately,
we have seen that headline so many times before. We will have to wait
to see how serious it actually is. I have lost count of how many times
the President has made one of those pivots. He has pivoted so many
times, reporters covering the White House must be getting completely
dizzy.
I also hope the President doesn't call for more Washington spending
tonight. Not only is that an ineffective way to create jobs, but it is
also the very reason our debt continues to climb to such completely
unsustainable levels.
If the President does want to do something about job creation for a
change, he should leave aside the things we know haven't worked and try
some things that will, such as getting the government out of the way.
Not only will that help jump-start the private economy, it will help us
get spending under control at the same time. It would be a twofer.
Jump-start the private economy and get spending under control at the
same time is the best way to inprove this economy.
I also hope the President will use the big stage he will have tonight
to finally level with the American people about the consequences of
ObamaCare. They deserve to know what is about to hit them--the cost
increases, the premium hikes, the taxes. They deserve to know that not
only may they not be able to keep the health plan they have and like
but that CBO tells us there will also be fewer jobs. I know these
things will not be easy for him to say, but that is what it means to be
a statesman; to be honest with the people you represent, to admit when
something doesn't turn out the way you said it would.
Even if we don't hear the President speak directly to the issues
Americans are most concerned about tonight, I am confident the man who
is set to follow him with the Republican's response will do just that.
In some ways, Senator Rubio embodies the American dream. As the child
of immigrants, he is uniquely positioned to speak to the aspirations of
the middle class. Unlike our rather easily distracted President,
Senator Rubio has never had to pivot to jobs. He has kept a laser focus
on job creation and the economy ever since he got here.
I have laid out the issues the President needs to address if he is
interested in working with Republicans to get some good things done for
the country in the days and months ahead. I sure hope he is listening.
I yield the floor.
The PRESIDING OFFICER. The Republican whip.
Mr. CORNYN. Mr. President, as President Obama gets ready to deliver
his State of the Union Address tonight, I would like to remind the
American people of what he said 4 years ago during his first speech to
a joint session of Congress. Four years ago President Obama said he did
not believe in big government.
Since then he has given us four consecutive trillion-dollar deficits,
he has nationalized our health care sector, and he has used Federal
agencies to impose Draconian regulations. If we add the cost of all
these proposed or final regulations the Obama administration published
last year, the total economic burden comes to more than $236 billion.
That is a wet blanket on the American economy and economic growth and
job creation. If anyone out there still thinks President Obama opposes
big government, as the song goes, ``I've got some oceanfront property
in Arizona'' I'd like to sell you.
Four year ago the President told us he was concerned about our
massive national debt. Since then our gross national debt has increased
by nearly $6 trillion and has grown larger than the entire U.S.
economy.
Four year ago the President said we could not ignore our long-term
challenges. Since then he has ignored the recommendations of his own
bipartisan fiscal commission known as Simpson-Bowles, and his own
Treasury Secretary has acknowledged that the Obama administration does
not have a serious plan for long-term debt reduction.
Four years ago the President told us his trillion-dollar debt-
financed stimulus package would feature unprecedented oversight. Then
we learned the stimulus package wasted money on boondoggles such as
Solyndra.
Four years ago the President promised us his plan for health care
reform would reduce the cost of health care for American families.
Since then the cost of employer-provided family health insurance has
increased by more than $2,300 per family.
Four years ago the President said he viewed the Federal budget as a
blueprint for our future. Since then two of the President's budget
proposals have been unanimously rejected by this Chamber--by
Republicans and Democrats alike--and America's credit rating has been
downgraded.
If you buy these unfulfilled promises the President has made over the
last 4 years, as the song goes, not only will I sell you some
oceanfront property in Arizona, ``I'll throw the Golden Gate in for
free.''
In short, much of what the President has said in February of 2009 has
been hollow rhetoric, unmet with action and followup. I can only hope
the President's speech tonight will seriously address our biggest
fiscal challenges: a debt burden larger than our economy, $37 trillion
in unfunded Medicare liabilities, and more than $100 trillion in total
unfunded liabilities.
In addition, I can only hope the President will offer a serious plan
for boosting economic growth and reducing unemployment. Amid the
longest period of high unemployment since the Great Depression, with
the national rate still hovering near 8 percent, Americans deserve a
President who is focused intensely on the right policies for job
creation.
A second term offers a second chance. If the President wants to
regain the credibility he has lost over the last 4 years on each of
these issues, he will start tonight.
I yield the floor.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. LEAHY. Mr. President, what is the regular order?
The PRESIDING OFFICER. The Senate is considering S. 47.
Mr. LEAHY. Mr. President, before I go on to that, I would note that
many have come to this floor to talk about the deficit and things of
that nature. I ask anybody who is decrying our deficit if they voted
for a needless war in Iraq and then voted to put it on the credit card.
The war in Iraq has cost this Nation nearly $1 trillion so far, and
with all the wounded who have come back from this unnecessary war, we
will, beyond the lifetime of most of us, still be paying for that.
The wars in Iraq and Afghanistan are the only wars in America's
history we did not have a special tax to pay for--both were put on a
credit card. They were begun at a time when the last administration had
inherited a large surplus from the Democratic administration before it.
Since I have been old enough to vote, only Democratic administrations
have left surpluses. But they took that surplus, wasted it on the war
in Iraq, and because they were unwilling to pay for this war--a war
that was paid for only by the men and women who served and their
families; we don't have a draft--most people can say: It didn't affect
me. Well, it affected those families enormously, and it will affect
every single taxpayer for the rest of their lives because it will take
that long to pay for a war that so many in this body and the other body
voted for but then stood up and said: We cannot possibly have taxes to
pay for things we are spending money on. That is one thing they voted
for--for the first time in the history of this country, they voted to
not pay for a war.
I urge everybody not to lose sight of the fact that a major part of
our deficit was caused by the House and Senate voting for a war we
never should have been in, one I voted against. In fact, everybody who
actually read the intelligence material voted against it. Now our
children and our grandchildren will have to pay for our mistakes.
I don't want to hear lectures about our deficit from people who voted
to help create that deficit by voting for an unnecessary war.
On the subject we are on, S. 47, after more than a week of
consideration, the Senate will finally vote on the Violence Against
Women Reauthorization Act. This is a good bill that makes needed
changes recommended by victims and those who work with them
[[Page S600]]
every day. I urge all those Senators who have opposed reauthorizing
VAWA to end their opposition and join with us. Despite the predictions
by some that the Republican House of Representatives will refuse to
consider the Senate bill, as it did last year, I see reason for hope.
Just yesterday 17 Republican members of the House wrote to their own
leadership urging immediate reauthorization of VAWA. They rejected the
ideological opposition of Heritage and the Family Research Council.
They recognize that VAWA is effective, efficient and successful ``in
curbing domestic violence and supporting victims,'' and that ``VAWA
programs save lives.'' They also note, as I have said repeatedly on
this floor: ``VAWA must reach all victims and perpetrators of domestic
violence, dating violence, sexual assault and stalking in every
community in the country.''
I ask unanimous consent that a copy of the Republican members' letter
to Speaker Boehner be printed in the Record at the conclusion of my
remarks.
The Senate has rejected the Republican substitute and defeated the
Coburn amendment to strip the tribal jurisdiction provisions that have
been included in the Senate bill for the past two years. Those
amendments would have greatly narrowed VAWA's ability to prevent crime
and help victims and would have undercut our commitment to all victims
of rape and domestic violence. I hope Senators will continue to vote
against amendments that weaken this important legislation.
This morning the Senate has the opportunity to vote for an amendment
that goes in the opposite direction from the Coburn amendments by
allowing us to help more victims of serious crime in the United States
and around the world. This morning the Senate is to vote on the
Trafficking Victims Protection Reauthorization Act. That is another
bipartisan bill that was written with the input of victims and service
providers to make critical improvements to existing law. Last year,
this legislation had 57 cosponsors--including 15 Republicans. In
particular, I thank Senator Rubio who has been a strong cosponsor of
this important measure.
Today is February 12, the day on which Abraham Lincoln was born. It
was 150 years ago that he delivered the Emancipation Proclamation and
it would be fitting that the Senate pass the Trafficking Victims
Protection Reauthorization Act on his birthday. Although the 13th
amendment to our Constitution was ratified long ago, making slavery
illegal, we continue to fight human trafficking, which can amount to
modern day slavery. This terrible crime still occurs throughout the
world--including in the United States of America. The Polaris Project
estimates that there are more than 27 million victims of human
trafficking worldwide today.
The Trafficking Victims Protection Reauthorization Act will help us
continue to make real progress on this issue. It is a parallel effort
to our reauthorization of the Violence Against Women Act. Our effort is
to stop human trafficking at its roots by supporting both domestic and
international efforts to fight against trafficking and to punish its
perpetrators. We provide critical resources to help support victims as
they rebuild their lives.
This measure strengthens criminal anti-trafficking statutes to ensure
that law enforcement agencies have the tools they need to effectively
combat all forms of trafficking. It ensures better coordination among
Federal agencies, between law enforcement and victim service providers,
and with foreign countries to work on every facet of this complicated
problem. It includes measures to encourage victims to come forward and
report this terrible crime, which leads to more prosecutions and help
for more victims.
We have included accountability measures to ensure that Federal funds
are used for their intended purposes, and we have streamlined programs
to focus scarce resources on the approaches that have been the most
successful. A Senator asserted yesterday that trafficking programs have
been wasteful and duplicative. In fact, the programs supported by this
amendment have been carefully tracked and shown to be effective.
Nonetheless, the amendment reduces authorization levels by almost a
third from the levels in the last reauthorization because we are
determined to ensure efficiency and respond to concerns. We have made
similar efforts to streamline VAWA.
The United States remains a beacon of hope for so many who face human
rights abuses. We know that young women and girls often just 11, 12, or
13 years old are being bought and sold. We know that workers are being
held and forced into labor against their will. I urge all Senators to
join in passing the Trafficking Victims Protection Reauthorization Act.
People in this country and millions around the world are counting on
us.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Congress of the United States,
Washington, DC, February 11, 2013.
Speaker John Boehner,
Majority Leader Eric Cantor.
Dear Speaker Boehner and Leader Cantor: We are writing to
urge you to immediately reauthorize the Violence Against
Women Act (VAWA). As you know, we are long overdue in passing
a reauthorization of this landmark piece of legislation which
seeks to reduce instances of domestic violence and protect
women who are victims of such violence.
Over the course of the past several years, we have met with
constituents in our districts who agree that VAWA programs
are an important part of a larger criminal justice framework
that seeks to reduce abuse against women and children. We
appreciate the need to make efficient and effective use of
federal dollars, and believe that VAWA programs in our
districts have met that threshold and have been a success in
curbing domestic violence and supporting victims. Now is the
time to seek bipartisan compromise on the reauthorization of
these programs. VAWA programs save lives, and we must allow
states and communities the opportunity to build upon the
successes of current VAWA programs so that we can help even
more people.
It is unfortunate that states are already preparing for
Congress's inaction. In New Jersey, for example, the state
legislature recently passed a bridge fund bill to fill the
void left by a lack of federal funds in the event VAWA is not
reauthorized.
We believe a bipartisan plan to reauthorize VAWA is more
important than ever. Last year, in a bipartisan letter many
of us in the Republican Conference wrote to the Judiciary
Committee, we said: ``VAWA must reach all victims and
perpetrators of domestic violence, dating violence, sexual
assault, and stalking in every community in the country.''
This statement still holds true, and underscores the need to
reauthorize this critical legislation. If you have any
questions, or if we can be of additional assistance, your
staff may contact Joe Heaton with Rep. Runyan.
Sincerely,
Jon Runyan, Charlie Dent, Dave Reichert, Richard Hanna,
David Joyce, Shelley Moore-Capito, Frank LoBiondo,
Michael Fitzpatrick, Jim Gerlach, Chris Gibson, Rodney
Frelinghuysen, Leonard Lance, Patrick Meehan, Rodney
Davis, Tom Reed, Lee Terry, Michael Grimm, Members of
Congress.
Mr. LEAHY. I ask unanimous consent to have printed in the Record
letters from human rights and civil rights organizations in support of
S. 47, the Violence Against Women Reauthorization Act of 2013.
There being no objection, the material was ordered to be printed in
the Record, as follows:
National Association for the
Advancement of Colored People,
Washington, DC, February 1, 2013.
Re NAACP Strong Support for S. 47, to Reauthorize the 1994
Violence Against Women Act
Senator Patrick Leahy,
Chairman, Committee on the Judiciary, Washington, DC.
Dear Chairman Leahy: On behalf of the NAACP, our nation's
oldest, largest and most widely-recognized grassroots-based
civil rights organization, I would like to sincerely thank
you for your leadership in introducing S. 47, legislation
strengthening and reauthorizing the 1994 Violence Against
Women Act (VAWA). As strong and consistent supporters of
VAWA, the NAACP recognizes that this important legislation
would improve criminal justice and community-based responses
to domestic violence, dating violence, sexual assault and
stalking in the United States.
As you know, the NAACP supported the passage of VAWA in
1994, and its reauthorization in 2000 and 2005. We have
witnessed VAWA change the landscape for victims of violence
in the United States who once suffered in silence. Victims of
domestic violence, dating violence, sexual assault and
stalking have now been able to access services, and a new
generation of families and justice system professionals has
come to understand that domestic violence, dating violence,
sexual assault and stalking are crimes that our society will
no longer tolerate.
[[Page S601]]
Your bill will not only continue proven effective programs,
but that it will make key changes to streamline VAWA and make
sure that even more people have access to safety, stability
and justice.
Thank you again for your continued leadership in this
endeavor. Your thoughtfulness and tenacity in this area over
the years has improved the lives of millions of Americans.
Should you have any questions or comments, please do not
hesitate to contact me.
Sincerely,
Hilary O. Shelton,
Director, NAACP Washington Bureau & Senior Vice President
for Advocacy and Policy.
____
Seattle Human Rights Commission
Resolution #13-01: Support for Reauthorization of Violence Against
Women Act
Whereas, all Seattle residents are born free and equal in
dignity and rights; and
Whereas, the Seattle Human Rights Commission is committed
to protecting and advocating for justice, human rights, and
the equal treatment of all people who live and work in
Seattle; and
Whereas, on December 10, 2012, Seattle officially declared
itself a Human Rights City through Council Resolution Number
31420; and
Whereas, human safety is a fundamental human right and
violence against women is a violation of human rights; and
Whereas, Congress failed to reauthorize the Violence
Against Women Act (VAWA) in the 112th Congress; and
Whereas, in the 112th Congress, the U.S. Senate passed a
version of VAWA that included important protections for
groups particularly affected by violence against women, such
as Native Americans, immigrants, and LGBTQ communities; and
Whereas, in the 112th Congress the U.S. House of
Representatives passed a version of VAWA that left out those
protections for Native Americans, immigrants, and LGBTQ
communities; and
Whereas, in the current 113th Congress, the Senate is
considering a nearly identical bill (S. 47) to the one it
passed in the 112th Congress which contains the same
important protections for Native Americans, immigrants, and
LGBTQ communities; and
Whereas, in the current 113th Congress, Rep. Gwen Moore
introduced the Violence Against Women Reauthorization Act of
2013 (H.R. 11) in the House of Representatives, which is
identical to the Senate bill; and
Whereas, protections against sexual assault and domestic
violence for Native Americans, immigrants, and LGBTQ
communities are required in order to guarantee the human
rights of equality, safety, liberty, integrity and dignity
which are enshrined in the Universal Declaration of Human
Rights, the Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW), the International
Convention on the Elimination of All Forms of Racial
Discrimination, the International Covenant on Civil and
Political Rights, and the American Declaration on Human
Rights among others;
Whereas, in 2011 the United Nations Special Rapporteur on
Violence Against Women recommended that the U.S. reassess its
laws and policies protecting domestic violence survivors and
punishing abusers, including the recognition of tribal
authority to prosecute offenders contained in the current
Senate bill (S. 47); and
Whereas, in 2011 the Inter-American Commission of Human
Rights (ICHR) ordered the United States to comply with its
international duty to prevent violence against women in the
case of Jessica Lenahan (Gonzales) v. the United States,
through the enactment of legislation and policy reforms that
do not discriminate and provide for equal protection before
the law to victims of domestic violence and their children,
under Article 2 of the American Declaration on Human Rights;
and
Whereas, in 2012 the Commission joined with the Seattle
Women's Commission to call for the U.S. House to pass the
Senate version of VAWA and on June 27, 2012, the Commission
co-sponsored a public rally with the Seattle Women's
Commission to support the Senate version of VAWA; and
Whereas, on September 6, 2012 the Commission adopted
Resolution 12-03 urging the House to pass the Senate version
of VAWA,
Now therefore be it resolved, that the Seattle Human Rights
Commission hereby calls upon the United States Congress to
reauthorize the Violence Against Women Act by passing
legislation which does not leave out fundamental protections
for Native Americans, immigrants, and LGBTQ communities in
recognition of the principle that safety is a fundamental
human right and violence against women is a violation of
human rights; and
Now therefore be it further resolved, that the Seattle
Human Rights Commission urges the Senate to pass S. 47 and
the House to pass H.R. 11; and
Now therefore be it finally resolved, that should the House
leadership decide against advancing H.R. 11, then in that
case the Seattle Human Rights Commission urges the House to
pass legislation that still contains protection for Native
Americans, immigrants, and LGBTQ communities.
Adopted by the Seattle Human Rights Commission on February
1, 2013
Christopher Stearns,
Chairman,
Jennifer Yogi,
Secretary.
Mr. LEAHY. Mr. President, I suggest the absence of a quorum and ask
that the time be equally divided.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will call the roll.
The legislative clerk proceeded to call the roll.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. LEAHY. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LEAHY. Mr. President, we have had an early unanimous consent
order, so following that, I ask unanimous consent that the sequence of
votes outlined under the previous order now start at 11:30 a.m., and
the additional 30 minutes of debate be equally divided between the two
leaders or their designees; that following the disposition of the
Coburn amendment No. 15, the Senate recess for the weekly caucus
meetings; further, that at 2:15 p.m., the Senate resume the sequence of
votes under the previous order; and finally, all other provisions of
the previous order remain in effect.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LEAHY. Mr. President, I ask unanimous consent that my amendment
numbered 21 be modified with the changes that are at the desk.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LEAHY. Mr. President, I suggest the absence of a quorum and ask
that the time be equally divided.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will call the roll.
The legislative clerk proceeded to call the roll.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. LEAHY. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 21, As Modified
Mr. LEAHY. Mr. President, I call up my amendment numbered 21, as
modified.
The PRESIDING OFFICER. The clerk will report the amendment.
The legislative clerk read as follows:
The Senator from Vermont (Mr. Leahy) proposes an amendment
numbered 21, as modified.
The amendment (No. 21), as modified, is as follows:
At the end, add the following:
TITLE XII--TRAFFICKING VICTIMS PROTECTION
Subtitle A--Combating International Trafficking in Persons
SEC. 1201. REGIONAL STRATEGIES FOR COMBATING TRAFFICKING IN
PERSONS.
Section 105 of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7103) is amended--
(1) in subsection (d)(7)(J), by striking ``section 105(f)
of this division'' and inserting ``subsection (g)'';
(2) in subsection (e)(2)--
(A) by striking ``(2) COORDINATION OF CERTAIN ACTIVITIES.--
'' and all that follows through ``exploitation.'';
(B) by redesignating subparagraph (B) as paragraph (2), and
moving such paragraph, as so redesignated, 2 ems to the left;
and
(C) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively, and moving such subparagraphs, as
so redesignated, 2 ems to the left;
(3) by redesignating subsection (f) as subsection (g); and
(4) by inserting after subsection (e) the following:
``(f) Regional Strategies for Combating Trafficking in
Persons.--Each regional bureau in the Department of State
shall contribute to the realization of the anti-trafficking
goals and objectives of the Secretary of State. Each year, in
cooperation with the Office to Monitor and Combat Trafficking
in Persons, each regional bureau shall submit a list of anti-
trafficking goals and objectives to the Secretary of State
for each country in the geographic area of responsibilities
of the regional bureau. Host governments shall be informed of
the goals and objectives for their particular country and, to
the extent possible, host government officials should be
consulted regarding the goals and objectives.''.
SEC. 1202. PARTNERSHIPS AGAINST SIGNIFICANT TRAFFICKING IN
PERSONS.
The Trafficking Victims Protection Act of 2000 is amended
by inserting after section 105 (22 U.S.C. 7103) the
following:
[[Page S602]]
``SEC. 105A. CREATING, BUILDING, AND STRENGTHENING
PARTNERSHIPS AGAINST SIGNIFICANT TRAFFICKING IN
PERSONS.
``(a) Declaration of Purpose.--The purpose of this section
is to promote collaboration and cooperation--
``(1) between the United States Government and governments
listed on the annual Trafficking in Persons Report;
``(2) between foreign governments and civil society actors;
and
``(3) between the United States Government and private
sector entities.
``(b) Partnerships.--The Director of the office established
pursuant to section 105(e)(1) of this Act, in coordination
and cooperation with other officials at the Department of
State, officials at the Department of Labor, and other
relevant officials of the United States Government, shall
promote, build, and sustain partnerships between the United
States Government and private entities, including
foundations, universities, corporations, community-based
organizations, and other nongovernmental organizations, to
ensure that--
``(1) United States citizens do not use any item, product,
or material produced or extracted with the use and labor from
victims of severe forms of trafficking; and
``(2) such entities do not contribute to trafficking in
persons involving sexual exploitation.
``(c) Program To Address Emergency Situations.--The
Secretary of State, acting through the Director established
pursuant to section 105(e)(1) of this Act, is authorized to
establish a fund to assist foreign governments in meeting
unexpected, urgent needs in prevention of trafficking in
persons, protection of victims, and prosecution of
trafficking offenders.
``(d) Child Protection Compacts.--
``(1) In general.--The Secretary of State, in consultation
with the Administrator of the United States Agency for
International Development, the Secretary of Labor, and the
heads of other relevant agencies, is authorized to provide
assistance under this section for each country that enters
into a child protection compact with the United States to
support policies and programs that--
``(A) prevent and respond to violence, exploitation, and
abuse against children; and
``(B) measurably reduce the trafficking of minors by
building sustainable and effective systems of justice,
prevention, and protection.
``(2) Elements.--A child protection compact under this
subsection shall establish a multi-year plan for achieving
shared objectives in furtherance of the purposes of this Act.
The compact should take into account, if applicable, the
national child protection strategies and national action
plans for human trafficking of a country, and shall
describe--
``(A) the specific objectives the foreign government and
the United States Government expect to achieve during the
term of the compact;
``(B) the responsibilities of the foreign government and
the United States Government in the achievement of such
objectives;
``(C) the particular programs or initiatives to be
undertaken in the achievement of such objectives and the
amount of funding to be allocated to each program or
initiative by both countries;
``(D) regular outcome indicators to monitor and measure
progress toward achieving such objectives;
``(E) a multi-year financial plan, including the estimated
amount of contributions by the United States Government and
the foreign government, and proposed mechanisms to implement
the plan and provide oversight;
``(F) how a country strategy will be developed to sustain
progress made toward achieving such objectives after
expiration of the compact; and
``(G) how child protection data will be collected, tracked,
and managed to provide strengthened case management and
policy planning.
``(3) Form of assistance.--Assistance under this subsection
may be provided in the form of grants, cooperative
agreements, or contracts to or with national governments,
regional or local governmental units, or non-governmental
organizations or private entities with expertise in the
protection of victims of severe forms of trafficking in
persons.
``(4) Eligible countries.--The Secretary of State, in
consultation with the agencies set forth in paragraph (1) and
relevant officers of the Department of Justice, shall select
countries with which to enter into child protection compacts.
The selection of countries under this paragraph shall be
based on--
``(A) the selection criteria set forth in paragraph (5);
and
``(B) objective, documented, and quantifiable indicators,
to the maximum extent possible.
``(5) Selection criteria.--A country shall be selected
under paragraph (4) on the basis of criteria developed by the
Secretary of State in consultation with the Administrator of
the United States Agency for International Development and
the Secretary of Labor. Such criteria shall include--
``(A) a documented high prevalence of trafficking in
persons within the country; and
``(B) demonstrated political motivation and sustained
commitment by the government of such country to undertake
meaningful measures to address severe forms of trafficking in
persons, including prevention, protection of victims, and the
enactment and enforcement of anti-trafficking laws against
perpetrators.
``(6) Suspension and termination of assistance.--
``(A) In general.--The Secretary may suspend or terminate
assistance provided under this subsection in whole or in part
for a country or entity if the Secretary determines that--
``(i) the country or entity is engaged in activities that
are contrary to the national security interests of the United
States;
``(ii) the country or entity has engaged in a pattern of
actions inconsistent with the criteria used to determine the
eligibility of the country or entity, as the case may be; or
``(iii) the country or entity has failed to adhere to its
responsibilities under the Compact.
``(B) Reinstatement.--The Secretary may reinstate
assistance for a country or entity suspended or terminated
under this paragraph only if the Secretary determines that
the country or entity has demonstrated a commitment to
correcting each condition for which assistance was suspended
or terminated under subparagraph (A).''.
SEC. 1203. PROTECTION AND ASSISTANCE FOR VICTIMS OF
TRAFFICKING.
(a) Task Force Activities.--Section 105(d)(6) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7103(d)(6)) is amended by inserting ``, and make reasonable
efforts to distribute information to enable all relevant
Federal Government agencies to publicize the National Human
Trafficking Resource Center Hotline on their websites, in all
headquarters offices, and in all field offices throughout the
United States'' before the period at the end.
(b) Congressional Briefing.--Section 107(a)(2) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7105(a)(2)) is amended by inserting ``and shall brief
Congress annually on such efforts'' before the period at the
end.
SEC. 1204. MINIMUM STANDARDS FOR THE ELIMINATION OF
TRAFFICKING.
Section 108(b) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7106(b)) is amended--
(1) in paragraph (3)--
(A) by striking ``peacekeeping'' and inserting
``diplomatic, peacekeeping,'';
(B) by striking ``, and measures'' and inserting ``, a
transparent system for remediating or punishing such public
officials as a deterrent, measures''; and
(C) by inserting ``, effective bilateral, multilateral, or
regional information sharing and cooperation arrangements
with other countries, and effective policies or laws
regulating foreign labor recruiters and holding them civilly
and criminally liable for fraudulent recruiting'' before the
period at the end;
(2) in paragraph (4), by inserting ``and has entered into
bilateral, multilateral, or regional law enforcement
cooperation and coordination arrangements with other
countries'' before the period at the end;
(3) in paragraph (7)--
(A) by inserting ``, including diplomats and soldiers,''
after ``public officials'';
(B) by striking ``peacekeeping'' and inserting
``diplomatic, peacekeeping,''; and
(C) by inserting ``A government's failure to appropriately
address public allegations against such public officials,
especially once such officials have returned to their home
countries, shall be considered inaction under these
criteria.'' after ``such trafficking.'';
(4) by redesignating paragraphs (9) through (11) as
paragraphs (10) through (12), respectively; and
(5) by inserting after paragraph (8) the following:
``(9) Whether the government has entered into effective,
transparent partnerships, cooperative arrangements, or
agreements that have resulted in concrete and measurable
outcomes with--
``(A) domestic civil society organizations, private sector
entities, or international nongovernmental organizations, or
into multilateral or regional arrangements or agreements, to
assist the government's efforts to prevent trafficking,
protect victims, and punish traffickers; or
``(B) the United States toward agreed goals and objectives
in the collective fight against trafficking.''.
SEC. 1205. BEST PRACTICES IN TRAFFICKING IN PERSONS
ERADICATION.
Section 110(b) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7107(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``with respect to the status of severe
forms of trafficking in persons that shall include--'' and
inserting ``describing the anti-trafficking efforts of the
United States and foreign governments according to the
minimum standards and criteria enumerated in section 108, and
the nature and scope of trafficking in persons in each
country and analysis of the trend lines for individual
governmental efforts. The report should include--'';
(B) in subparagraph (E), by striking ``; and'' and
inserting a semicolon;
(C) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(D) by inserting at the end the following:
``(G) a section entitled `Promising Practices in the
Eradication of Trafficking in Persons' to highlight effective
practices and use of innovation and technology in prevention,
protection, prosecution, and partnerships, including by
foreign governments, the private sector, and domestic civil
society actors.'';
[[Page S603]]
(2) by striking paragraph (2);
(3) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively; and
(4) in paragraph (2), as redesignated, by adding at the end
the following:
``(E) Public notice.--Not later than 30 days after
notifying Congress of each country determined to have met the
requirements under subclauses (I) through (III) of
subparagraph (D)(ii), the Secretary of State shall provide a
detailed description of the credible evidence supporting such
determination on a publicly available website maintained by
the Department of State.''.
SEC. 1206. PROTECTIONS FOR DOMESTIC WORKERS AND OTHER
NONIMMIGRANTS.
Section 202 of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1375b) is
amended--
(1) in subsection (a)--
(A) in the subsection heading, by inserting ``and Video for
Consular Waiting Rooms'' after ``Information Pamphlet''; and
(B) in paragraph (1)--
(i) by inserting ``and video'' after ``information
pamphlet''; and
(ii) by adding at the end the following: ``The video shall
be distributed and shown in consular waiting rooms in
embassies and consulates appropriate to the circumstances
that are determined to have the greatest concentration of
employment or education-based non-immigrant visa applicants,
and where sufficient video facilities exist in waiting or
other rooms where applicants wait or convene. The Secretary
of State is authorized to augment video facilities in such
consulates or embassies in order to fulfill the purposes of
this section.'';
(2) in subsection (b), by inserting ``and video'' after
``information pamphlet'';
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``and produce or dub the
video'' after ``information pamphlet''; and
(B) in paragraph (2), by inserting ``and the video produced
or dubbed'' after ``translated''; and
(4) in subsection (d)--
(A) in paragraph (1), by inserting ``and video'' after
``information pamphlet'';
(B) in paragraph (2), by inserting ``and video'' after
``information pamphlet''; and
(C) by adding at the end the following:
``(4) Deadline for video development and distribution.--Not
later than 1 year after the date of the enactment of the
Violence Against Women Reauthorization Act of 2013, the
Secretary of State shall make available the video developed
under subsection (a) produced or dubbed in all the languages
referred to in subsection (c).''.
SEC. 1207. PREVENTION OF CHILD MARRIAGE.
(a) In General.--Section 106 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7104) is amended by adding
at the end the following:
``(j) Prevention of Child Trafficking Through Child
Marriage.--The Secretary of State shall establish and
implement a multi-year, multi-sectoral strategy--
``(1) to prevent child marriage;
``(2) to promote the empowerment of girls at risk of child
marriage in developing countries;
``(3) that should address the unique needs,
vulnerabilities, and potential of girls younger than 18 years
of age in developing countries;
``(4) that targets areas in developing countries with high
prevalence of child marriage; and
``(5) that includes diplomatic and programmatic
initiatives.''.
(b) Inclusion of Child Marriage Status in Reports.--The
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is
amended--
(1) in section 116 (22 U.S.C. 2151n), by adding at the end
the following:
``(g) Child Marriage Status.--
``(1) In general.--The report required under subsection (d)
shall include, for each country in which child marriage is
prevalent, a description of the status of the practice of
child marriage in such country.
``(2) Defined term.--In this subsection, the term `child
marriage' means the marriage of a girl or boy who is--
``(A) younger than the minimum age for marriage under the
laws of the country in which such girl or boy is a resident;
or
``(B) younger than 18 years of age, if no such law
exists.''; and
(2) in section 502B (22 U.S.C. 2304), by adding at the end
the following:
``(i) Child Marriage Status.--
``(1) In general.--The report required under subsection (b)
shall include, for each country in which child marriage is
prevalent, a description of the status of the practice of
child marriage in such country.
``(2) Defined term.--In this subsection, the term `child
marriage' means the marriage of a girl or boy who is--
``(A) younger than the minimum age for marriage under the
laws of the country in which such girl or boy is a resident;
or
``(B) younger than 18 years of age, if no such law
exists.''.
SEC. 1208. CHILD SOLDIERS.
Section 404 of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (22 U.S.C. 2370c-1) is
amended--
(1) in subsection (a), by striking ``(b), (c), and (d), the
authorities contained in section 516 or 541 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j or 2347)'' and
inserting ``(b) through (f), the authorities contained in
sections 516, 541, and 551 of the Foreign Assistance Act of
1961 (22 U.S.C. 2321j, 2347, and 2348)''; and
(2) by adding at the end the following:
``(f) Exception for Peacekeeping Operations.--The
limitation set forth in subsection (a) that relates to
section 551 of the Foreign Assistance Act of 1961 shall not
apply to programs that support military professionalization,
security sector reform, heightened respect for human rights,
peacekeeping preparation, or the demobilization and
reintegration of child soldiers.''.
Subtitle B--Combating Trafficking in Persons in the United States
PART I--PENALTIES AGAINST TRAFFICKERS AND OTHER CRIMES
SEC. 1211. CRIMINAL TRAFFICKING OFFENSES.
(a) RICO Amendment.--Section 1961(1)(B) of title 18, United
States Code, is amended by inserting ``section 1351 (relating
to fraud in foreign labor contracting),'' before ``section
1425''.
(b) Engaging in Illicit Sexual Conduct in Foreign Places.--
Section 2423(c) of title 18, United States Code, is amended
by inserting ``or resides, either temporarily or permanently,
in a foreign country'' after ``commerce''.
(c) Unlawful Conduct With Respect to Documents.--
(1) In general.--Chapter 77 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1597. Unlawful conduct with respect to immigration
documents
``(a) Destruction, Concealment, Removal, Confiscation, or
Possession of Immigration Documents.--It shall be unlawful
for any person to knowingly destroy, conceal, remove,
confiscate, or possess, an actual or purported passport or
other immigration document of another individual --
``(1) in the course of violating section 1351 of this title
or section 274 of the Immigration and Nationality Act (8
U.S.C. 1324);
``(2) with intent to violate section 1351 of this title or
section 274 of the Immigration and Nationality Act (8 U.S.C.
1324); or
``(3) in order to, without lawful authority, maintain,
prevent, or restrict the labor of services of the individual.
``(b) Penalty.--Any person who violates subsection (a)
shall be fined under this title, imprisoned for not more than
1 year, or both.
``(c) Obstruction.--Any person who knowingly obstructs,
attempts to obstruct, or in any way interferes with or
prevents the enforcement of this section, shall be subject to
the penalties described in subsection (b).''.
(2) Technical and conforming amendment.--The table of
sections for chapter 77 of title 18, United States Code, is
amended by adding at the end the following:
``1597. Unlawful conduct with respect to immigration documents.''.
SEC. 1212. CIVIL REMEDIES; CLARIFYING DEFINITION.
(a) Civil Remedy for Personal Injuries.--Section 2255 of
title 18, United States Code, is amended--
(1) in subsection (a), by striking ``section 2241(c)'' and
inserting ``section 1589, 1590, 1591, 2241(c)''; and
(2) in subsection (b), by striking ``six years'' and
inserting ``10 years''.
(b) Definition.--
(1) In general.--Section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102) is amended--
(A) by redesignating paragraphs (1) through (14) as
paragraphs (2) through (15), respectively;
(B) by inserting before paragraph (2), as redesignated, the
following:
``(1) Abuse or threatened abuse of law or legal process.--
The term `abuse or threatened abuse of the legal process'
means the use or threatened use of a law or legal process,
whether administrative, civil, or criminal, in any manner or
for any purpose for which the law was not designed, in order
to exert pressure on another person to cause that person to
take some action or refrain from taking some action.'';
(C) in paragraph (14), as redesignated, by striking
``paragraph (8)'' and inserting ``paragraph (9)''; and
(D) in paragraph (15), as redesignated, by striking
``paragraph (8) or (9)'' and inserting ``paragraph (9) or
(10)''.
(2) Technical and conforming amendments.--
(A) Trafficking victims protection act of 2000.--The
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et
eq.) is amended--
(i) in section 110(e) (22 U.S.C. 7107(e))--
(I) by striking ``section 103(7)(A)'' and inserting
``section 103(8)(A)''; and
(II) by striking ``section 103(7)(B)'' and inserting
``section 103(8)(B)''; and
(ii) in section 113(g)(2) (22 U.S.C. 7110(g)(2)), by
striking ``section 103(8)(A)'' and inserting ``section
103(9)(A)''.
(B) North korean human rights act of 2004.--Section
203(b)(2) of the North Korean Human Rights Act of 2004 (22
U.S.C. 7833(b)(2)) is amended by striking ``section 103(14)''
and inserting ``section 103(15)''.
(C) Trafficking victims protection reauthorization act of
2005.--Section 207 of the Trafficking Victims Protection
Reauthorization Act of 2005 (42 U.S.C. 14044e) is amended--
(i) in paragraph (1), by striking ``section 103(8)'' and
inserting ``section 103(9)'';
(ii) in paragraph (2), by striking ``section 103(9)'' and
inserting ``section 103(10)''; and
(iii) in paragraph (3), by striking ``section 103(3)'' and
inserting ``section 103(4)''.
(D) Violence against women and department of justice
reauthorization act of
[[Page S604]]
2005.--Section 111(a)(1) of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (42 U.S.C.
14044f(a)(1)) is amended by striking ``paragraph (8)'' and
inserting ``paragraph (9)''.
PART II--ENSURING AVAILABILITY OF POSSIBLE WITNESSES AND INFORMANTS
SEC. 1221. PROTECTIONS FOR TRAFFICKING VICTIMS WHO COOPERATE
WITH LAW ENFORCEMENT.
Section 101(a)(15)(T)(ii)(III) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(T)(ii)(III) is amended
by inserting ``, or any adult or minor children of a
derivative beneficiary of the alien, as'' after ``age''.
SEC. 1222. PROTECTION AGAINST FRAUD IN FOREIGN LABOR
CONTRACTING.
Section 101(a)(15)(U)(iii) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)) is amended by
inserting ``fraud in foreign labor contracting (as defined in
section 1351 of title 18, United States Code);'' after
``perjury;''.
PART III--ENSURING INTERAGENCY COORDINATION AND EXPANDED REPORTING
SEC. 1231. REPORTING REQUIREMENTS FOR THE ATTORNEY GENERAL.
Section 105(d)(7) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7103(d)(7)) is amended--
(1) by redesignating subparagraphs (D) through (J) as
subparagraphs (I) through (O);
(2) by striking subparagraphs (B) and (C) and inserting the
following:
``(B) the number of persons who have been granted continued
presence in the United States under section 107(c)(3) during
the preceding fiscal year and the mean and median time taken
to adjudicate applications submitted under such section,
including the time from the receipt of an application by law
enforcement to the issuance of continued presence, and a
description of any efforts being taken to reduce the
adjudication and processing time while ensuring the safe and
competent processing of the applications;
``(C) the number of persons who have applied for, been
granted, or been denied a visa or otherwise provided status
under subparagraph (T)(i) or (U)(i) of section 101(a)(15) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15))
during the preceding fiscal year;
``(D) the number of persons who have applied for, been
granted, or been denied a visa or status under clause (ii) of
section 101(a)(15)(T) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(T)) during the preceding fiscal year,
broken down by the number of such persons described in
subclauses (I), (II), and (III) of such clause (ii);
``(E) the amount of Federal funds expended in direct
benefits paid to individuals described in subparagraph (D) in
conjunction with T visa status;
``(F) the number of persons who have applied for, been
granted, or been denied a visa or status under section
101(a)(15)(U)(i) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(U)(i)) during the preceding fiscal year;
``(G) the mean and median time in which it takes to
adjudicate applications submitted under the provisions of law
set forth in subparagraph (C), including the time between the
receipt of an application and the issuance of a visa and work
authorization;
``(H) any efforts being taken to reduce the adjudication
and processing time, while ensuring the safe and competent
processing of the applications;'';
(3) in subparagraph (N)(iii), as redesignated, by striking
``and'' at the end;
(4) in subparagraph (O), as redesignated, by striking the
period at the end and inserting ``; and''; and
(5) by adding at the end the following:
``(P) the activities undertaken by Federal agencies to
train appropriate State, tribal, and local government and law
enforcement officials to identify victims of severe forms of
trafficking, including both sex and labor trafficking;
``(Q) the activities undertaken by Federal agencies in
cooperation with State, tribal, and local law enforcement
officials to identify, investigate, and prosecute offenses
under sections 1581, 1583, 1584, 1589, 1590, 1592, and 1594
of title 18, United States Code, or equivalent State
offenses, including, in each fiscal year--
``(i) the number, age, gender, country of origin, and
citizenship status of victims identified for each offense;
``(ii) the number of individuals charged, and the number of
individuals convicted, under each offense;
``(iii) the number of individuals referred for prosecution
for State offenses, including offenses relating to the
purchasing of commercial sex acts;
``(iv) the number of victims granted continued presence in
the United States under section 107(c)(3); and
``(v) the number of victims granted a visa or otherwise
provided status under subparagraph (T)(i) or (U)(i) of
section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)); and
``(R) the activities undertaken by the Department of
Justice and the Department of Health and Human Services to
meet the specific needs of minor victims of domestic
trafficking, including actions taken pursuant to subsection
(f) and section 202(a) of the Trafficking Victims Protection
Reauthorization Act of 2005 (42 U.S.C. 14044(a)), and the
steps taken to increase cooperation among Federal agencies to
ensure the effective and efficient use of programs for which
the victims are eligible.''.
SEC. 1232. REPORTING REQUIREMENTS FOR THE SECRETARY OF LABOR.
Section 105(b) of the Trafficking Victims Protection Act of
2005 (22 U.S.C. 7112(b)) is amended by adding at the end the
following:
``(3) Submission to congress.--Not later than December 1,
2014, and every 2 years thereafter, the Secretary of Labor
shall submit the list developed under paragraph (2)(C) to
Congress.''.
SEC. 1233. INFORMATION SHARING TO COMBAT CHILD LABOR AND
SLAVE LABOR.
Section 105(a) of the Trafficking Victims Protection Act of
2005 (22 U.S.C. 7112(a)) is amended by adding at the end the
following:
``(3) Information sharing.--The Secretary of State shall,
on a regular basis, provide information relating to child
labor and forced labor in the production of goods in
violation of international standards to the Department of
Labor to be used in developing the list described in
subsection (b)(2)(C).''.
SEC. 1234. GOVERNMENT TRAINING EFFORTS TO INCLUDE THE
DEPARTMENT OF LABOR.
Section 107(c)(4) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7105(c)(4)) is amended--
(1) in the first sentence, by inserting ``the Department of
Labor, the Equal Employment Opportunity Commission,'' before
``and the Department''; and
(2) in the second sentence, by inserting ``, in
consultation with the Secretary of Labor,'' before ``shall
provide''.
SEC. 1235. GAO REPORT ON THE USE OF FOREIGN LABOR
CONTRACTORS.
(a) In General.--Not later than 2 years after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit a report on the use of foreign
labor contractors to--
(1) the Committee on the Judiciary of the Senate;
(2) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(3) the Committee on the Judiciary of the House of
Representatives; and
(4) the Committee on Education and the Workforce of the
House of Representatives.
(b) Contents.--The report under subsection (a) should, to
the extent possible--
(1) address the role and practices of United States
employers in--
(A) the use of labor recruiters or brokers; or
(B) directly recruiting foreign workers;
(2) analyze the laws that protect such workers, both
overseas and domestically;
(3) describe the oversight and enforcement mechanisms in
Federal departments and agencies for such laws; and
(4) identify any gaps that may exist in these protections;
and
(5) recommend possible actions for Federal departments and
agencies to combat any abuses.
(c) Requirements.--The report under subsection (a) shall--
(1) describe the role of labor recruiters or brokers
working in countries that are sending workers and receiving
funds, including any identified involvement in labor abuses;
(2) describe the role and practices of employers in the
United States that commission labor recruiters or brokers or
directly recruit foreign workers;
(3) describe the role of Federal departments and agencies
in overseeing and regulating the foreign labor recruitment
process, including certifying and enforcing under existing
regulations;
(4) describe the type of jobs and the numbers of positions
in the United States that have been filled through foreign
workers during each of the last 8 years, including positions
within the Federal Government;
(5) describe any efforts or programs undertaken by Federal,
State and local government entities to encourage employers,
directly or indirectly, to use foreign workers or to reward
employers for using foreign workers; and
(6) based on the information required under paragraphs (1)
through (3), identify any common abuses of foreign workers
and the employment system, including the use of fees and
debts, and recommendations of actions that could be taken by
Federal departments and agencies to combat any identified
abuses.
SEC. 1236. ACCOUNTABILITY.
All grants awarded by the Attorney General under this title
or an Act amended by this title shall be subject to the
following accountability provisions:
(1) Audit requirement.--
(A) 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
Justice 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
(B) Requirement.--Beginning in the first fiscal year
beginning after the date of enactment of this Act, and in
each fiscal year thereafter, the Inspector General of the
Department of Justice shall conduct audits of recipients of
grants under this title or an Act amended by 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.
[[Page S605]]
(C) Mandatory exclusion.--A recipient of grant funds under
this title or an Act amended by this title that is found to
have an unresolved audit finding shall not be eligible to
receive grant funds under this title or an Act amended by
this title during the first 2 fiscal years beginning after
the end of the 12-month period described in subparagraph (A).
(D) Priority.--In awarding grants under this title or an
Act amended by this title, the Attorney General 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 or an
Act amended by this title.
(E) Reimbursement.--If an entity is awarded grant funds
under this title or an Act amended by this title during the
2-fiscal-year period during which the entity is barred from
receiving grants under subparagraph (C), the Attorney General
shall--
(i) 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
(ii) seek to recoup the costs of the repayment to the fund
from the grant recipient that was erroneously awarded grant
funds.
(2) Nonprofit organization requirements.--
(A) Definition.--For purposes of this paragraph and the
grant programs under this title or an Act amended by 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.
(B) Prohibition.--The Attorney General may not award a
grant under this title or an Act amended by 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.
(C) Disclosure.--Each nonprofit organization that is
awarded a grant under this title or an Act amended by 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 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 subparagraph
available for public inspection.
(3) Conference expenditures.--
(A) Limitation.--No amounts authorized to be appropriated
to the Department of Justice under this title or an Act
amended by this title may be used by the Attorney General, or
by any individual or entity awarded discretionary funds
through a cooperative agreement under this title or an Act
amended by this title, to host or support any expenditure for
conferences that uses more than $20,000 in funds made
available to the Department of Justice, unless the Deputy
Attorney General or the appropriate Assistant Attorney
General, Director, or principal deputy (as designated by the
Deputy Attorney General) provides prior written authorization
that the funds may be expended to host the conference.
(B) 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.
(C) 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 conference expenditures approved under
this paragraph.
(4) Annual certification.--Beginning in the first fiscal
year beginning after the date of 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 indicating whether--
(A) 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;
(B) all mandatory exclusions required under paragraph
(1)(C) have been issued;
(C) all reimbursements required under paragraph (1)(E) have
been made; and
(D) includes a list of any grant recipients excluded under
paragraph (1) from the previous year.
PART IV--ENHANCING STATE AND LOCAL EFFORTS TO COMBAT TRAFFICKING IN
PERSONS
SEC. 1241. ASSISTANCE FOR DOMESTIC MINOR SEX TRAFFICKING
VICTIMS.
(a) In General.--Section 202 of the Trafficking Victims
Protection Reauthorization Act of 2005 (42 U.S.C. 14044a) is
amended to read as follows:
``SEC. 202. ESTABLISHMENT OF A GRANT PROGRAM TO DEVELOP,
EXPAND, AND STRENGTHEN ASSISTANCE PROGRAMS FOR
CERTAIN PERSONS SUBJECT TO TRAFFICKING.
``(a) Definitions.--In this section:
``(1) Assistant secretary.--The term `Assistant Secretary'
means the Assistant Secretary for Children and Families of
the Department of Health and Human Services.
``(2) Assistant attorney general.--The term `Assistant
Attorney General' means the Assistant Attorney General for
the Office of Justice Programs of the Department of Justice.
``(3) Eligible entity.--The term `eligible entity' means a
State or unit of local government that--
``(A) has significant criminal activity involving sex
trafficking of minors;
``(B) has demonstrated cooperation between Federal, State,
local, and, where applicable, tribal law enforcement
agencies, prosecutors, and social service providers in
addressing sex trafficking of minors;
``(C) has developed a workable, multi-disciplinary plan to
combat sex trafficking of minors, including--
``(i) building or establishing a residential care facility
for minor victims of sex trafficking;
``(ii) the provision of rehabilitative care to minor
victims of sex trafficking;
``(iii) the provision of specialized training for law
enforcement officers and social service providers for all
forms of sex trafficking, with a focus on sex trafficking of
minors;
``(iv) prevention, deterrence, and prosecution of offenses
involving sex trafficking of minors;
``(v) cooperation or referral agreements with organizations
providing outreach or other related services to runaway and
homeless youth; and
``(vi) law enforcement protocols or procedures to screen
all individuals arrested for prostitution, whether adult or
minor, for victimization by sex trafficking and by other
crimes, such as sexual assault and domestic violence; and
``(D) provides assurance that a minor victim of sex
trafficking shall not be required to collaborate with law
enforcement to have access to residential care or services
provided with a grant under this section.
``(4) Minor victim of sex trafficking.--The term `minor
victim of sex trafficking' means an individual who--
``(A) is younger than 18 years of age, and is a victim of
an offense described in section 1591(a) of title 18, United
States Code, or a comparable State law; or
``(B)(i) is not younger than 18 years of age nor older than
20 years of age;
``(ii) before the individual reached 18 years of age, was
described in subparagraph (A); and
``(iii) was receiving shelter or services as a minor victim
of sex trafficking.
``(5) Qualified nongovernmental organization.--The term
`qualified nongovernmental organization' means an
organization that--
``(A) is not a State or unit of local government, or an
agency of a State or unit of local government;
``(B) has demonstrated experience providing services to
victims of sex trafficking or related populations (such as
runaway and homeless youth), or employs staff specialized in
the treatment of sex trafficking victims; and
``(C) demonstrates a plan to sustain the provision of
services beyond the period of a grant awarded under this
section.
``(6) Sex trafficking of a minor.--The term `sex
trafficking of a minor' means an offense described in section
1591(a) of title 18, United States Code, or a comparable
State law, against a minor.
``(b) Sex Trafficking Block Grants.--
``(1) Grants authorized.--
``(A) In general.--The Assistant Attorney General, in
consultation with the Assistant Secretary, may make block
grants to 4 eligible entities located in different regions of
the United States to combat sex trafficking of minors.
``(B) Requirement.--Not fewer than 1 of the block grants
made under subparagraph (A) shall be awarded to an eligible
entity with a State population of less than 5,000,000.
``(C) Grant amount.--Subject to the availability of
appropriations under subsection (g) to carry out this
section, each grant made under this section shall be for an
amount not less than $1,500,000 and not greater than
$2,000,000.
``(D) Duration.--
``(i) In general.--A grant made under this section shall be
for a period of 1 year.
``(ii) Renewal.--
``(I) In general.--The Assistant Attorney General may renew
a grant under this section for up to 3 1-year periods.
``(II) Priority.--In making grants in any fiscal year after
the first fiscal year in which grants are made under this
section, the Assistant Attorney General shall give priority
to an eligible entity that received a grant in the preceding
fiscal year and is eligible for renewal under this
subparagraph, taking into account any evaluation of the
eligible entity conducted under paragraph (4), if available.
``(E) Consultation.--In carrying out this section, the
Assistant Attorney General shall consult with the Assistant
Secretary with respect to--
``(i) evaluations of grant recipients under paragraph (4);
``(ii) avoiding unintentional duplication of grants; and
``(iii) any other areas of shared concern.
``(2) Use of funds.--
``(A) Allocation.--Not less than 67 percent of each grant
made under paragraph (1) shall be used by the eligible entity
to provide residential care and services (as described in
clauses (i) through (iv) of subparagraph (B))
[[Page S606]]
to minor victims of sex trafficking through qualified
nongovernmental organizations.
``(B) Authorized activities.--Grants awarded pursuant to
paragraph (2) may be used for--
``(i) providing residential care to minor victims of sex
trafficking, including temporary or long-term placement as
appropriate;
``(ii) providing 24-hour emergency social services response
for minor victims of sex trafficking;
``(iii) providing minor victims of sex trafficking with
clothing and other daily necessities needed to keep such
victims from returning to living on the street;
``(iv) case management services for minor victims of sex
trafficking;
``(v) mental health counseling for minor victims of sex
trafficking, including specialized counseling and substance
abuse treatment;
``(vi) legal services for minor victims of sex trafficking;
``(vii) specialized training for social service providers,
public sector personnel, and private sector personnel likely
to encounter sex trafficking victims on issues related to the
sex trafficking of minors and severe forms of trafficking in
persons;
``(viii) outreach and education programs to provide
information about deterrence and prevention of sex
trafficking of minors;
``(ix) programs to provide treatment to individuals charged
or cited with purchasing or attempting to purchase sex acts
in cases where--
``(I) a treatment program can be mandated as a condition of
a sentence, fine, suspended sentence, or probation, or is an
appropriate alternative to criminal prosecution; and
``(II) the individual was not charged with purchasing or
attempting to purchase sex acts with a minor; and
``(x) screening and referral of minor victims of severe
forms of trafficking in persons.
``(3) Application.--
``(A) In general.--Each eligible entity desiring a grant
under this section shall submit an application to the
Assistant Attorney General at such time, in such manner, and
accompanied by such information as the Assistant Attorney
General may reasonably require.
``(B) Contents.--Each application submitted pursuant to
subparagraph (A) shall--
``(i) describe the activities for which assistance under
this section is sought; and
``(ii) provide such additional assurances as the Assistant
Attorney General determines to be essential to ensure
compliance with the requirements of this section.
``(4) Evaluation.--The Assistant Attorney General shall
enter into a contract with an academic or non-profit
organization that has experience in issues related to sex
trafficking of minors and evaluation of grant programs to
conduct an annual evaluation of each grant made under this
section to determine the impact and effectiveness of programs
funded with the grant.
``(c) Mandatory Exclusion.--An eligible entity that
receives a grant under this section that is found to have
utilized grant funds for any unauthorized expenditure or
otherwise unallowable cost shall not be eligible for any
grant funds awarded under the grant for 2 fiscal years
following the year in which the unauthorized expenditure or
unallowable cost is reported.
``(d) Compliance Requirement.--An eligible entity shall not
be eligible to receive a grant under this section if, during
the 5 fiscal years before the eligible entity submits an
application for the grant, the eligible entity 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.
``(e) Administrative Cap.--The cost of administering the
grants authorized by this section shall not exceed 3 percent
of the total amount appropriated to carry out this section.
``(f) Audit Requirement.--For fiscal years 2016 and 2017,
the Inspector General of the Department of Justice shall
conduct an audit of all 4 eligible entities that receive
block grants under this section.
``(g) Match Requirement.--An eligible entity that receives
a grant under this section shall provide a non-Federal match
in an amount equal to not less than--
``(1) 15 percent of the grant during the first year;
``(2) 25 percent of the grant during the first renewal
period;
``(3) 40 percent of the grant during the second renewal
period; and
``(4) 50 percent of the grant during the third renewal
period.
``(h) No Limitation on Section 204 Grants.--An entity that
applies for a grant under section 204 is not prohibited from
also applying for a grant under this section.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated $8,000,000 to the Attorney
General for each of the fiscal years 2014 through 2017 to
carry out this section.
``(j) GAO Evaluation.--Not later than 30 months after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit a report to Congress that
contains--
``(1) an evaluation of the impact of this section in aiding
minor victims of sex trafficking in the jurisdiction of the
entity receiving the grant; and
``(2) recommendations, if any, regarding any legislative or
administrative action the Comptroller General determines
appropriate.''.
(b) Sunset Provision.--The amendment made by subsection (a)
shall be effective during the 4-year period beginning on the
date of the enactment of this Act.
SEC. 1242. EXPANDING LOCAL LAW ENFORCEMENT GRANTS FOR
INVESTIGATIONS AND PROSECUTIONS OF TRAFFICKING.
Section 204 of the Trafficking Victims Protection
Reauthorization Act of 2005 (42 U.S.C. 14044c) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``, which involve
United States citizens, or aliens admitted for permanent
residence, and'';
(B) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (C), (D), and (E), respectively; and
(C) by inserting after subparagraph (A) the following:
``(B) to train law enforcement personnel how to identify
victims of severe forms of trafficking in persons and related
offenses;''; and
(D) in subparagraph (C), as redesignated, by inserting
``and prioritize the investigations and prosecutions of those
cases involving minor victims'' after ``sex acts'';
(2) by redesignating subsection (d) as subsection (e);
(3) by inserting after subsection (c) the following:
``(d) No Limitation on Section 202 Grant Applications.--An
entity that applies for a grant under section 202 is not
prohibited from also applying for a grant under this
section.'';
(4) in subsection (e), as redesignated, by striking
``$20,000,000 for each of the fiscal years 2008 through
2011'' and inserting ``$10,000,000 for each of the fiscal
years 2014 through 2017''; and
(5) by adding at the end the following:
``(f) GAO Evaluation and Report.--Not later than 30 months
after the date of enactment of this Act, the Comptroller
General of the United States shall conduct a study of and
submit to Congress a report evaluating the impact of this
section on--
``(1) the ability of law enforcement personnel to identify
victims of severe forms of trafficking in persons and
investigate and prosecute cases against offenders, including
offenders who engage in the purchasing of commercial sex acts
with a minor; and
``(2) recommendations, if any, regarding any legislative or
administrative action the Comptroller General determines
appropriate to improve the ability described in paragraph
(1).''.
SEC. 1243. MODEL STATE CRIMINAL LAW PROTECTION FOR CHILD
TRAFFICKING VICTIMS AND SURVIVORS.
Section 225(b) of the Trafficking Victims Reauthorization
Act of 2008 (22 U.S.C. 7101 note) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) protects children exploited through prostitution by
including safe harbor provisions that--
``(A) treat an individual under 18 years of age who has
been arrested for engaging in, or attempting to engage in, a
sexual act with another person in exchange for monetary
compensation as a victim of a severe form of trafficking in
persons;
``(B) prohibit the charging or prosecution of an individual
described in subparagraph (A) for a prostitution offense;
``(C) require the referral of an individual described in
subparagraph (A) to appropriate service providers, including
comprehensive service or community-based programs that
provide assistance to child victims of commercial sexual
exploitation; and
``(D) provide that an individual described in subparagraph
(A) shall not be required to prove fraud, force, or coercion
in order to receive the protections described under this
paragraph;''.
Subtitle C--Authorization of Appropriations
SEC. 1251. ADJUSTMENT OF AUTHORIZATION LEVELS FOR THE
TRAFFICKING VICTIMS PROTECTION ACT OF 2000.
The Trafficking Victims Protection Act of 2000 (22 U.S.C.
7101 et seq.) is amended--
(1) in section 112A(b)(4) (22 U.S.C. 7109a(b)(4))--
(A) by striking ``$2,000,000'' and inserting
``$1,000,000''; and
(B) by striking ``2008 through 2011'' and inserting ``2014
through 2017''; and
(2) in section 113 (22 U.S.C. 7110)--
(A) subsection (a)--
(i) by striking ``$5,500,000 for each of the fiscal years
2008 through 2011'' each place it appears and inserting
``$2,000,000 for each of the fiscal years 2014 through
2017'';
(ii) by inserting ``, including regional trafficking in
persons officers,'' after ``for additional personnel,''; and
(iii) by striking ``, and $3,000 for official reception and
representation expenses'';
(B) in subsection (b)--
(i) in paragraph (1), by striking ``$12,500,000 for each of
the fiscal years 2008 through 2011'' and inserting
``$14,500,000 for each of the fiscal years 2014 through
2017''; and
(ii) in paragraph (2), by striking ``to the Secretary of
Health and Human Services'' and all that follows and
inserting ``$8,000,000
[[Page S607]]
to the Secretary of Health and Human Services for each of the
fiscal years 2014 through 2017.'';
(C) in subsection (c)(1)--
(i) in subparagraph (A), by striking ``2008 through 2011''
each place it appears and inserting ``2014 through 2017'';
(ii) in subparagraph (B)--
(I) by striking ``$15,000,000 for fiscal year 2003 and
$10,000,000 for each of the fiscal years 2008 through 2011''
and inserting ``$10,000,000 for each of the fiscal years 2014
through 2017''; and
(II) by striking ``2008 through 2011'' and inserting ``2014
through 2017''; and
(iii) in subparagraph (C), by striking ``2008 through
2011'' and inserting ``2014 through 2017'';
(D) in subsection (d)--
(i) by redesignating subparagraphs (A) through (C) as
paragraphs (1) through (3), respectively, and moving such
paragraphs 2 ems to the left;
(ii) in the paragraph (1), as redesignated, by striking
``$10,000,000 for each of the fiscal years 2008 through
2011'' and inserting ``$11,000,000 for each of the fiscal
years 2014 through 2017''; and
(iii) in paragraph (3), as redesignated, by striking ``to
the Attorney General'' and all that follows and inserting
``$11,000,000 to the Attorney General for each of the fiscal
years 2014 through 2017.'';
(E) in subsection (e)--
(i) in paragraph (1), by striking ``$15,000,000 for each of
the fiscal years 2008 through 2011'' and inserting
``$7,500,000 for each of the fiscal years 2014 through
2017''; and
(ii) in paragraph (2), by striking ``$15,000,000 for each
of the fiscal years 2008 through 2011'' and inserting
``$7,500,000 for each of the fiscal years 2014 through
2017'';
(F) in subsection (f), by striking ``$10,000,000 for each
of the fiscal years 2008 through 2011'' and inserting
``$5,000,000 for each of the fiscal years 2014 through
2017''; and
(G) in subsection (i), by striking ``$18,000,000 for each
of the fiscal years 2008 through 2011'' and inserting
``$10,000,000 for each of the fiscal years 2014 through
2017''.
SEC. 1252. ADJUSTMENT OF AUTHORIZATION LEVELS FOR THE
TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION
ACT OF 2005.
The Trafficking Victims Protection Reauthorization Act of
2005 (Public Law 109-164) is amended--
(1) by striking section 102(b)(7); and
(2) in section 201(c)(2), by striking ``$1,000,000 for each
of the fiscal years 2008 through 2011'' and inserting
``$250,000 for each of the fiscal years 2014 through 2017''.
Subtitle D--Unaccompanied Alien Children
SEC. 1261. APPROPRIATE CUSTODIAL SETTINGS FOR UNACCOMPANIED
MINORS WHO REACH THE AGE OF MAJORITY WHILE IN
FEDERAL CUSTODY.
Section 235(c)(2) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(c)(2)) is amended--
(1) by striking ``Subject to'' and inserting the following:
``(A) Minors in department of health and human services
custody.--Subject to''; and
(2) by adding at the end the following:
``(B) Aliens transferred from department of health and
human services to department of homeland security custody.--
If a minor described in subparagraph (A) reaches 18 years of
age and is transferred to the custody of the Secretary of
Homeland Security, the Secretary shall consider placement in
the least restrictive setting available after taking into
account the alien's danger to self, danger to the community,
and risk of flight. Such aliens shall be eligible to
participate in alternative to detention programs, utilizing a
continuum of alternatives based on the alien's need for
supervision, which may include placement of the alien with an
individual or an organizational sponsor, or in a supervised
group home.''.
SEC. 1262. APPOINTMENT OF CHILD ADVOCATES FOR UNACCOMPANIED
MINORS.
Section 235(c)(6) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(c)(6)) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--The Secretary''; and
(2) by striking ``and criminal''; and
(3) by adding at the end the following:
``(B) Appointment of child advocates.--
``(i) Initial sites.--Not later than 2 years after the date
of the enactment of the Violence Against Women
Reauthorization Act of 2013, the Secretary of Health and
Human Services shall appoint child advocates at 3 new
immigration detention sites to provide independent child
advocates for trafficking victims and vulnerable
unaccompanied alien children.
``(ii) Additional sites.--Not later than 3 years after the
date of the enactment of the Violence Against Women
Reauthorization Act of 2013, the Secretary shall appoint
child advocates at not more than 3 additional immigration
detention sites.
``(iii) Selection of sites.--Sites at which child advocate
programs will be established under this subparagraph shall be
located at immigration detention sites at which more than 50
children are held in immigration custody, and shall be
selected sequentially, with priority given to locations
with--
``(I) the largest number of unaccompanied alien children;
and
``(II) the most vulnerable populations of unaccompanied
children.
``(C) Restrictions.--
``(i) Administrative expenses.--A child advocate program
may not use more that 10 percent of the Federal funds
received under this section for administrative expenses.
``(ii) Nonexclusivity.--Nothing in this section may be
construed to restrict the ability of a child advocate program
under this section to apply for or obtain funding from any
other source to carry out the programs described in this
section.
``(iii) Contribution of funds.--A child advocate program
selected under this section shall contribute non-Federal
funds, either directly or through in-kind contributions, to
the costs of the child advocate program in an amount that is
not less than 25 percent of the total amount of Federal funds
received by the child advocate program under this section.
In-kind contributions may not exceed 40 percent of the
matching requirement under this clause.
``(D) Annual report to congress.--Not later than 1 year
after the date of the enactment of the Violence Against Women
Reauthorization Act of 2013, and annually thereafter, the
Secretary of Health and Human Services shall submit a report
describing the activities undertaken by the Secretary to
authorize the appointment of independent Child Advocates for
trafficking victims and vulnerable unaccompanied alien
children to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives.
``(E) Assessment of child advocate program.--
``(i) In general.--As soon as practicable after the date of
the enactment of the Violence Against Women Reauthorization
Act of 2013, the Comptroller General of the United States
shall conduct a study regarding the effectiveness of the
Child Advocate Program operated by the Secretary of Health
and Human Services.
``(ii) Matters to be studied.--In the study required under
clause (i), the Comptroller General shall-- collect
information and analyze the following:
``(I) analyze the effectiveness of existing child advocate
programs in improving outcomes for trafficking victims and
other vulnerable unaccompanied alien children;
``(II) evaluate the implementation of child advocate
programs in new sites pursuant to subparagraph (B);
``(III) evaluate the extent to which eligible trafficking
victims and other vulnerable unaccompanied children are
receiving child advocate services and assess the possible
budgetary implications of increased participation in the
program;
``(IV) evaluate the barriers to improving outcomes for
trafficking victims and other vulnerable unaccompanied
children; and
``(V) make recommendations on statutory changes to improve
the Child Advocate Program in relation to the matters
analyzed under subclauses (I) through (IV).
``(iii) GAO report.--Not later than 3 years after the date
of the enactment of this Act, the Comptroller General of the
United States shall submit the results of the study required
under this subparagraph to--
``(I) the Committee on the Judiciary of the Senate;
``(II) the Committee on Health, Education, Labor, and
Pensions of the Senate;
``(III) the Committee on the Judiciary of the House of
Representatives; and
``(IV) the Committee on Education and the Workforce of the
House of Representatives.
``(F) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary and Human
Services to carry out this subsection--
``(i) $1,000,000 for each of the fiscal years 2014 and
2015; and
``(ii) $2,000,000 for each of the fiscal years 2016 and
2017.''.
SEC. 1263. ACCESS TO FEDERAL FOSTER CARE AND UNACCOMPANIED
REFUGEE MINOR PROTECTIONS FOR CERTAIN U VISA
RECIPIENTS.
Section 235(d)(4) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(d)(4)) is amended--
(1) in subparagraph (A),
(A) by striking ``either'';
(B) by striking ``or who'' and inserting a comma; and
(C) by inserting ``, or has been granted status under
section 101(a)(15)(U) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(U)),'' before ``, shall be eligible'';
and
(2) in subparagraph (B), by inserting ``, or status under
section 101(a)(15)(U) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(U)),'' after ``(8 U.S.C.
1101(a)(27)(J))''.
SEC. 1264. GAO STUDY OF THE EFFECTIVENESS OF BORDER
SCREENINGS.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study examining the effectiveness of
screenings conducted by Department of Homeland Security
personnel in carrying out section 235(a)(4) of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 (8 U.S.C. 1232(a)(4)).
(2) Study.--In carrying out paragraph (1), the Comptroller
General shall take into account--
(A) the degree to which Department of Homeland Security
personnel are adequately ensuring that--
(i) all children are being screened to determine whether
they are described in section
[[Page S608]]
235(a)(2)(A) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act;
(ii) appropriate and reliable determinations are being made
about whether children are described in section 235(a)(2)(A)
of such Act, including determinations of the age of such
children;
(iii) children are repatriated in an appropriate manner,
consistent with clauses (i) through (iii) of section
235(a)(2)(C) of such Act;
(iv) children are appropriately being permitted to withdraw
their applications for admission, in accordance with section
235(a)(2)(B)(i) of such Act;
(v) children are being properly cared for while they are in
the custody of the Department of Homeland Security and
awaiting repatriation or transfer to the custody of the
Secretary of Health and Human Services; and
(vi) children are being transferred to the custody of the
Secretary of Health and Human Services in a manner that is
consistent with such Act; and
(B) the number of such children that have been transferred
to the custody of the Department of Health and Human
Services, the Federal funds expended to maintain custody of
such children, and the Federal benefits available to such
children, if any.
(3) Access to department of homeland security operations.--
(A) In general.--Except as provided in subparagraph (B),
for the purposes of conducting the study described in
subsection (a), the Secretary shall provide the Comptroller
General with unrestricted access to all stages of screenings
and other interactions between Department of Homeland
Security personnel and children encountered by the
Comptroller General.
(B) Exceptions.--The Secretary shall not permit
unrestricted access under subparagraph (A) if the Secretary
determines that the security of a particular interaction
would be threatened by such access.
(b) Report to Congress.--Not later than 2 years after the
date of the commencement of the study described in subsection
(a), the Comptroller General of the United States shall
submit a report to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives that contains the Commission's findings and
recommendations.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. LEAHY. Mr. President, I have already spoken about this, and I
want to reiterate what I said earlier. Our country, justifiably so, is
a beacon of hope for so many who face human rights abuses. I think of
what is written on the iconic Statue of Liberty; so many people come to
our shores for freedom. We also know there are many who are being held
in these despicable trafficking schemes around the world. There are
children who are 11, 12, 13 years old being held, and we have to speak
for them.
I hope all Senators will join me in voting for this amendment. There
are protections for victims of trafficking in the reauthorization act.
It is a bipartisan bill written with the input of victims and service
providers. It helps us to more effectively fight human trafficking,
which is really modern-day slavery. Whether people are trafficked in
the sex trade--especially children--or in forced labor, it is slavery.
It is not isolated. There are 27 million victims worldwide today
according to the Polaris Project. This amendment will help us to stop
it by supporting both domestic and international efforts to fight
against trafficking.
Just as important as it is to help us punish the perpetrators, the
amendment will help us rebuild the lives of those caught up in it. We
know funds are always limited. We put in accountability measures to
ensure the Federal funds are used for their intended purposes.
Let us continue to have the United States as a beacon of hope to
people around the world.
I ask unanimous consent to have printed in the Record letters in
support of amendment 21, the Trafficking Victims Protection
Reauthorization Act, to S. 47, the Violence Against Women
Reauthorization Act of 2013.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Americans for Immigrant Justice,
Washington, DC, February 11, 2013.
Hon. Patrick Leahy,
Chairman, Senate Committee on the Judiciary, Dirksen Senate
Office Building, Washington, DC.
Dear Chairman Leahy: Americans for Immigrant Justice (AI
Justice), is writing to express our strong support for final
passage of the Violence Against Women Act (S. 47) and
amendment #21 to S. 47. This vital legislation and amendment
improves existing VAWA programs and strengthens protections
for all victims of violence.
AI Justice was established in 1996 and provides free legal
services to immigrants of all nationalities, including
immigrant victims of domestic violence, sexual assault and
human trafficking. AI Justice's specialized Lucha Project
addresses survivors' needs in a holistic manner and engages
all immigrant communities in an effort to end violence
against women. We have assisted thousands of immigrant
survivors, and we understand firsthand why this important
legislation and amendment are needed.
The authorization in the Trafficking Victims Protection Act
(TVPA) expired on September 30, 2011. We ask all Senators to
support amendment #21, which reauthorizes the TVPA and
provides additional tools necessary to combat trafficking and
modern-day slavery at home and abroad. We urge all Senators
to oppose any attempt to weaken the bill and oppose any
attempts to attach non-germane amendments to S. 47.
The United States can and should do more to help protect
all victims and fight domestic violence and human
trafficking. We urge all Senators to vote for final passage
of the Violence Against Women Act and for amendment #21,
which reauthorizes the Trafficking Victims Protection Act.
Sincerely,
Cory W. Smith,
Washington, DC Office Director,
Americans for Immigrant Justice.
____
Alliance To End Slavery
and Trafficking,
Washington, DC, February 11, 2013.
Sen. Patrick Leahy,
Russell Senate Bldg, U.S. Senate,
Washington, DC.
Dear Chairman Leahy, The Alliance to End Slavery and
Trafficking (ATEST), a diverse alliance of U.S.-based human
rights organizations, acting with a shared agenda to end
modern-day slavery and human trafficking around the world, is
writing to express our strong support for amendment (#21) to
the Violence Against Women Act (S. 47). This critical
amendment includes the text of S. 1301, the Trafficking
Victims Protection Reauthorization Act (TVPRA), and
additional grant reporting requirements.
As of September 30, 2011, the authorizations contained in
the Trafficking Victims Protection Act (TVPA) expired. We
urge Senators to support amendment #21, which reauthorizes
the TVPA, provides additional tools necessary to combat
trafficking and modern-day slavery at home and abroad, and
continues the fight to end modern-day slavery and human
trafficking in our generation.
Although the United States has taken significant steps to
combat human trafficking through a comprehensive approach,
much more needs to be done. The scope of human trafficking
and slavery has come into sharp focus over the past years
with an estimated 27 million slaves worldwide. Combined,
human trafficking and slavery are the world's third largest
criminal enterprises, after drugs and weapons. The United
States can and should do more to help fight human trafficking
both domestically and internationally. We urge passage of the
amendment to continue U.S. leadership and further the victim-
centered approach that has been crucial to combating human
trafficking around the world.
Sincerely,
Coalition to Abolish Slavery and Trafficking (CAST),
Coalition of Immokalee Workers (CIW), ECPAT-USA, Free
the Slaves, International Justice Mission, Not for Sale
Campaign, Polaris Project, Safe Horizon, Solidarity
Center, Verite, Vital Voices Global Partnership, World
Vision.
____
Freedom Network USA,
February 11, 2013.
Re Amendment #21 (Trafficking Victims Protection
Reauthorization Act) to S. 47 (Violence Against Women
Act)
Hon. Patrick Leahy,
Chairman of the Senate Committee on the Judiciary, Russell
Senate Bldg., U.S. Senate, Washington, DC.
Dear Mr. Chairman, The Freedom Network (USA), which was
established in 2001, is a coalition of 35 nongovernmental
organizations and individual experts that provide services
to, and advocate for the rights of, trafficking survivors in
the United States. The Trafficking Victims Protection
Reauthorization Act (TVPRA), groundbreaking legislation which
increased the U.S. government's efforts to protect victims,
authorized the government to strengthen efforts to prosecute
traffickers, and allowed for increased prevention measures,
funds some of the Freedom Network's most vital programs,
including comprehensive case management, shelter, and legal
services. The Freedom Network enthusiastically commends and
supports you for introducing this vital legislation as an
amendment (Amendment #21) to the bill to reauthorize the
Violence Against Women Act (VAWA) (Senate Bill 47).
With an estimated 27 million victims of human trafficking
worldwide, the United States should continue to lead the
charge to end this human rights abuse. Throughout the course
of the 112th Congress, the Freedom Network worked fervently
in support of the TVPRA (S. 1301), which ultimately
culminated in 57 co-sponsors from both sides of the aisle by
the end of 2012. Today, the Senate will resume consideration
of S. 47, and they will debate Amendment #21 to authorize
appropriations for fiscal years 2014 through 2017 for the
TVPRA, to enhance
[[Page S609]]
measures to combat trafficking in persons, and for other
purposes. Both the TVPRA and VAWA are critical to survivors
of human trafficking, domestic violence, and sexual assault.
Thank you for your continued attention to this issue.
Please contact Freedom Network Policy Co-Chairs Keeli
Sorensen ([email protected]) and Ivy Suriyopas
([email protected]) if you have any questions.
Sincerely yours,
Bill Bernstein,
Co-Chair.
Patricia Medige,
Co-Chair.
Suzanne Tomatore,
Co-Chair.
MEMBERS OF THE FREEDOM NETWORK (USA)
American Gateways (TX); Americans for Immigrant Justice
(FL); API Safety Center & Chaya (WA); Arizona League to End
Regional Human Trafficking (AZ); Asian American Legal Defense
and Education Fund (NY); Asian Pacific Islander Legal
Outreach (CA); Ayuda, Inc. (DC); Break the Chain Campaign,
Institute for Policy Studies (DC); Coalition of Immokalee
Workers Anti-Slavery Campaign (FL); Coalition to Abolish
Slavery and Trafficking (CA); Colorado Legal Services (CO);
Florida Freedom Partnership/Anti-Human Trafficking Program
(FL); Florrie Burke (NY); Immigrant Women and Children
Project, City Bar Justice Center (NY); International
Institute of Buffalo (NY); International Institute of St.
Louis (MO).
International Organization for Adolescents (IL); Kristen
Heffernan (NY); Legal Aid Foundation of Los Angeles (CA);
LUCHA: A Women's Legal Project, Florida Immigrant Advocacy
Center (FL); Maria Jose Fletcher (FL); Marianna Smirnova
(CA); Martina Vandenberg (DC); Mosaic Family Services (TX);
My Sisters' Place; National Immigrant Justice Center (IL);
Safe Horizon, Anti-Trafficking Program and Streetwork Project
(NY); Sapna Patel (TX); Sex Workers Project, Urban Justice
Center (NY); Southern Poverty Law Center Immigrant Justice
Project (GA); Tapestri (GA); VIDA Legal Assistance (FL);
Washington Anti-Trafficking Response Network (WA); Wisconsin
Coalition Against Sexual Assault (WI); Worker Justice Center
of New York (NY).
Mr. LEAHY. Let's pass this.
Mr. President, I am going to suggest the absence of a quorum unless
somebody else seeks recognition. I see the distinguished Senator from
Florida on the floor, and I yield the floor.
The PRESIDING OFFICER. The Senator from Florida.
Mr. RUBIO. Mr. President, I wish to echo my support for this
amendment which is, basically, the Trafficking Victims Protection Act.
Human trafficking is an issue which is shocking to people in its
prevalence, both in our country and around the world. The idea of human
slavery is something people think about as a historical issue,
something that happened a long time ago. The fact is it is happening
today all over the world, and it is happening in the United States. It
is a tragic issue.
There is not just sex trafficking, which gets all the attention and,
obviously, is something that is very bad, but there is also labor
trafficking. There are people in this country who are brought here
under false pretenses, and when they get here they don't get paid, they
are mistreated, and on many occasions they are threatened that their
family back home is going to be hurt if they go to the authorities.
We have had cases of this happening in Florida. We have seen horrible
cases that have been documented in Florida. This is one of the issues I
have become passionate about, and anyone could become passionate about,
if ever a person meets any of these survivors, these young men and
women who have survived some of the most brutal treatment one can
imagine. So this is a great step forward in reauthorizing not just this
bill but America's example to the world that we take this issue
seriously.
I also think this is an issue of awareness. In the years to come, I
hope we will continue to talk about this issue because there is still a
lack of awareness in this country among many people about how serious
this problem truly is. I am grateful we will, hopefully, be able to
move forward, and I wish to thank the Senator from Vermont for offering
this amendment.
Should I yield the floor?
Mr. LEAHY. Mr. President, before the Senator from Florida yields, I
appreciate the strong support of Senator Rubio. He has been the voice
of reason and consistency in this area and I appreciate it.
I suggest the absence of a quorum with the time equally divided.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. GRASSLEY. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GRASSLEY. Mr. President, I ask permission to speak as in morning
business for 8 minutes.
The PRESIDING OFFICER. The Senator from Pennsylvania is recognized.
Mr. GRASSLEY. I thank the Chair.
(The remarks of Senator Grassley pertaining to the introduction of S.
281 are printed in today's Record under ``Statements on Introduced
Bills and Joint Resolutions.'')
Mr. GRASSLEY. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. LEAHY. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 21, as Modified
Mr. LEAHY. Mr. President, we are going to vote in a couple minutes,
but I would reiterate what I said earlier. This is going to be a vote
on the Trafficking Victims Protection Reauthorization Act. It is a bill
that was written with the input of victims and service providers. Last
year, we had 57 cosponsors, including 15 Republicans.
I do want to thank Senator Rubio, who was on the floor a few minutes
ago speaking about it.
I could not help but think, as I said earlier, when I looked at the
calendar today, February 12--the day on which Abraham Lincoln was born;
and 150 years ago, he delivered the Emancipation Proclamation--wouldn't
it be great if the Senate passed the Trafficking Victims Protection
Reauthorization Act on President Lincoln's birthday?
I also said earlier today that the Senate should be--often is--the
conscience of the Nation. I have to imagine that the conscience of the
vast majority of our 300 million Americans--whether they are
Republicans or Democrats; liberals, moderates, or conservatives;
Independents--their conscience would rebel against the idea of, really,
slave trafficking, whether it is people trapped in the sex trade or in
factories where they face the possibility, if there is a fire, they are
all going to die because they are forced to be there.
Let's speak. Let's speak to the conscience of this country.
Mr. President, have the yeas and nays been ordered on my amendment?
The PRESIDING OFFICER. They have not.
Mr. LEAHY. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The yeas and nays were ordered.
Mr. LEAHY. Mr. President, I yield back all time.
The PRESIDING OFFICER.
The question is on agreeing to amendment No. 21, as modified.
The yeas and nays were previously ordered.
The clerk will call the roll.
The assistant bill clerk called the roll.
Mr. DURBIN. I announce that the Senator from New York (Mrs.
Gillibrand) is necessarily absent.
Mr. CORNYN. The following Senator is necessarily absent: the Senator
from Arizona (Mr. McCain).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 93, nays 5, as follows:
[Rollcall Vote No. 15 Leg.]
YEAS--93
Alexander
Ayotte
Baldwin
Barrasso
Baucus
Begich
Bennet
Blumenthal
Blunt
Boozman
Boxer
Brown
Burr
Cantwell
Cardin
Carper
Casey
Chambliss
Coats
Cochran
Collins
Coons
Corker
Cornyn
Cowan
Crapo
Cruz
Donnelly
Durbin
Enzi
Feinstein
Fischer
Flake
Franken
Graham
Grassley
Hagan
Harkin
Hatch
Heinrich
Heitkamp
Heller
Hirono
Hoeven
Isakson
Johanns
Johnson (SD)
Kaine
King
Kirk
Klobuchar
Landrieu
Lautenberg
Leahy
[[Page S610]]
Levin
Manchin
McCaskill
McConnell
Menendez
Merkley
Mikulski
Moran
Murkowski
Murphy
Murray
Nelson
Paul
Portman
Pryor
Reed
Reid
Risch
Roberts
Rockefeller
Rubio
Sanders
Schatz
Schumer
Scott
Shaheen
Shelby
Stabenow
Tester
Thune
Toomey
Udall (CO)
Udall (NM)
Vitter
Warner
Warren
Whitehouse
Wicker
Wyden
NAYS--5
Coburn
Inhofe
Johnson (WI)
Lee
Sessions
NOT VOTING--2
Gillibrand
McCain
The amendment (No. 21) was agreed to.
Mr. LEAHY. Mr. President, I move to reconsider the vote.
Mr. MANCHIN. I move to lay that motion on the table.
The motion to lay upon the table was agreed to.
The PRESIDING OFFICER. The Senator from Vermont.
Amendment No. 10
Mr. LEAHY. Parliamentary inquiry: Under the previous order, we are
now on amendment No. 10?
The PRESIDING OFFICER. The amendment has not been made pending.
The Senator from Ohio.
Mr. PORTMAN. Mr. President, I call up amendment No. 10.
The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:
The Senator from Ohio [Mr. Portman] proposes an amendment
numbered 10.
Mr. PORTMAN. Mr. President, I ask unanimous consent that the reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
Strike section 302 and insert the following:
SEC. 302. CREATING HOPE THROUGH OUTREACH, OPTIONS, SERVICES,
AND EDUCATION FOR CHILDREN AND YOUTH.
Subtitle L of the Violence Against Women Act of 1994 is
amended by striking sections 41201 through 41204 (42 U.S.C.
14043c through 14043c-3) and inserting the following:
``SEC. 41201. CREATING HOPE THROUGH OUTREACH, OPTIONS,
SERVICES, AND EDUCATION FOR CHILDREN AND YOUTH
(`CHOOSE CHILDREN & YOUTH').
``(a) Grants Authorized.--The Attorney General, working in
collaboration with the Secretary of Health and Human Services
and the Secretary of Education, shall award grants to enhance
the safety of youth and children who are victims of, or
exposed to, domestic violence, dating violence, sexual
assault, stalking, or sex trafficking and prevent future
violence.
``(b) Program Purposes.--Funds provided under this section
may be used for the following program purpose areas:
``(1) Services to advocate for and respond to youth.--To
develop, expand, and strengthen victim-centered interventions
and services that target youth who are victims of domestic
violence, dating violence, sexual assault, stalking, and sex
trafficking. Services may include victim services,
counseling, advocacy, mentoring, educational support,
transportation, legal assistance in civil, criminal and
administrative matters, such as family law cases, housing
cases, child welfare proceedings, campus administrative
proceedings, and civil protection order proceedings,
population-specific services, and other activities that
support youth in finding safety, stability, and justice and
in addressing the emotional, cognitive, and physical effects
of trauma. Funds may be used to--
``(A) assess and analyze currently available services for
youth victims of domestic violence, dating violence, sexual
assault, stalking, and sex trafficking, determining relevant
barriers to such services in a particular locality, and
developing a community protocol to address such problems
collaboratively;
``(B) develop and implement policies, practices, and
procedures to effectively respond to domestic violence,
dating violence, sexual assault, stalking, or sex trafficking
against youth; or
``(C) provide technical assistance and training to enhance
the ability of school personnel, victim service providers,
child protective service workers, staff of law enforcement
agencies, prosecutors, court personnel, individuals who work
in after school programs, medical personnel, social workers,
mental health personnel, and workers in other programs that
serve children and youth to improve their ability to
appropriately respond to the needs of children and youth who
are victims of domestic violence, dating violence, sexual
assault, stalking, and sex trafficking, and to properly refer
such children, youth, and their families to appropriate
services.
``(2) Supporting youth through education and protection.--
To enable middle schools, high schools, and institutions of
higher education to--
``(A) provide training to school personnel, including
healthcare providers and security personnel, on the needs of
students who are victims of domestic violence, dating
violence, sexual assault, stalking, or sex trafficking;
``(B) develop and implement prevention and intervention
policies in middle and high schools, including appropriate
responses to, and identification and referral procedures for,
students who are experiencing or perpetrating domestic
violence, dating violence, sexual assault, stalking, or sex
trafficking, and procedures for handling the requirements of
court protective orders issued to or against students;
``(C) provide support services for student victims of
domestic violence, dating violence, sexual assault, stalking,
or sex trafficking, such as a resource person who is either
on-site or on-call;
``(D) implement developmentally appropriate educational
programming for students regarding domestic violence, dating
violence, sexual assault, stalking, and sex trafficking and
the impact of such violence on youth; or
``(E) develop strategies to increase identification,
support, referrals, and prevention programming for youth who
are at high risk of domestic violence, dating violence,
sexual assault, stalking, or sex trafficking.
``(c) Eligible Applicants.--
``(1) In general.--To be eligible to receive a grant under
this section, an entity shall be--
``(A) a victim service provider, tribal nonprofit, or
population-specific or community-based organization with a
demonstrated history of effective work addressing the needs
of youth who are, including runaway or homeless youth
affected by, victims of domestic violence, dating violence,
sexual assault, stalking, or sex trafficking;
``(B) a victim service provider that is partnered with an
entity that has a demonstrated history of effective work
addressing the needs of youth; or
``(C) a public, charter, tribal, or nationally accredited
private middle or high school, a school administered by the
Department of Defense under section 2164 of title 10, United
States Code or section 1402 of the Defense Dependents'
Education Act of 1978, a group of schools, a school district,
or an institution of higher education.
``(2) Partnerships.--
``(A) Education.--To be eligible to receive a grant for the
purposes described in subsection (b)(2), an entity described
in paragraph (1) shall be partnered with a public, charter,
tribal, or nationally accredited private middle or high
school, a school administered by the Department of Defense
under section 2164 of title 10, United States Code or section
1402 of the Defense Dependents' Education Act of 1978, a
group of schools, a school district, or an institution of
higher education.
``(B) Other partnerships.--All applicants under this
section are encouraged to work in partnership with
organizations and agencies that work with the relevant
population. Such entities may include--
``(i) a State, tribe, unit of local government, or
territory;
``(ii) a population specific or community-based
organization;
``(iii) batterer intervention programs or sex offender
treatment programs with specialized knowledge and experience
working with youth offenders; or
``(iv) any other agencies or nonprofit, nongovernmental
organizations with the capacity to provide effective
assistance to the adult, youth, and child victims served by
the partnership.
``(d) Grantee Requirements.--Applicants for grants under
this section shall establish and implement policies,
practices, and procedures that--
``(1) require and include appropriate referral systems for
child and youth victims;
``(2) protect the confidentiality and privacy of child and
youth victim information, particularly in the context of
parental or third party involvement and consent, mandatory
reporting duties, and working with other service providers
all with priority on victim safety and autonomy; and
``(3) ensure that all individuals providing intervention or
prevention programming to children or youth through a program
funded under this section have completed, or will complete,
sufficient training in connection with domestic violence,
dating violence, sexual assault, stalking, and sex
trafficking.
``(e) Definitions and Grant Conditions.--In this section,
the definitions and grant conditions provided for in section
40002 shall apply.
``(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $15,000,000 for
each of fiscal years 2014 through 2018.
``(g) Allotment.--
``(1) In general.--Not less than 50 percent of the total
amount appropriated under this section for each fiscal year
shall be used for the purposes described in subsection
(b)(1).
``(2) Indian tribes.--Not less than 10 percent of the total
amount appropriated under this section for each fiscal year
shall be made available for grants under the program
authorized by section 2015 of the Omnibus Crime Control and
Safe Streets Act of 1968. The requirements of this section
shall not apply to funds allocated under this paragraph.
``(h) Priority.--The Attorney General shall prioritize
grant applications under this section that coordinate with
prevention programs in the community.''.
[[Page S611]]
The PRESIDING OFFICER. The Senator from Ohio.
Mr. PORTMAN. Mr. President, this is a commonsense amendment. We just
voted on the Violence Against Women Act amendment for trafficking
offered by Senator Leahy. This is an amendment that actually deals with
the underlying legislation. It is really a clarifying amendment.
I am pleased to be joined by Senators Blumenthal, Ayotte, Collins,
Brown, Cochran, Rubio, Alexander, and Gillibrand. It has to do with
offering protection and services to victims of sex trafficking under
VAWA. This simply says under section 302 of VAWA that we ensure sex
trafficking is covered.
Right now youth and children who are exposed to domestic violence,
dating violence, or sexual assault or stalking are covered but not sex
trafficking. I think it is consistent with the amendment we just
passed. It is also an important clarification of the underlying bill.
There are about 300,000 young Americans the FBI says are at risk
today. This is a commonsense approach, and I would hope that all
Senators on both sides of the aisle would agree that sex trafficking
should be covered by this act.
The PRESIDING OFFICER (Ms. Heitkamp). The Senator from Vermont.
Mr. LEAHY. I agree with the Senator from Ohio. I am perfectly willing
to accept this amendment by a voice vote, and I do support it.
I am encouraged that the Senate has voted to pass the Trafficking
Victims Protection Reauthorization Act, which will let us make real
progress in helping victims of human trafficking. I worked with Senator
Rubio last Congress to reauthorize and improve our antitrafficking law
and needed programs. We were stymied by an anonymous Republican
objection. Today we achieved a breakthrough when the Senate voted to
approve the Trafficking Victims Protection Reauthorization Act.
I thank Senators from both sides of the aisle who have rejected the
cramped view of the Heritage Foundation and joined with us to make
progress on this important issue, to help victims and to help prevent
human trafficking. The vote the Senate just took to approve vital
antitrafficking legislation will ensure that resources and services get
to trafficking victims in ways shown to work. By our action, we are
improving and strengthening antitrafficking programs.
I do not wish to conflate or confuse the two issues. The Violence
Against Women Act provides programs for victims of sexual assault and
domestic violence. Trafficking is different, a unique form of abuse
with separate programs designed to address it in the Trafficking
Victims Protection Act.
When trafficking victims also experience sexual assault, they can
also access programs funded through VAWA for sexual assault victims.
The Leahy-Crapo Violence Against Women Reauthorization Act explicitly
provides that VAWA programs are to help victims of domestic violence,
dating violence, sexual assault, or stalking. That includes trafficking
victims. That language was carefully crafted with advocates for victims
of those crimes.
Accordingly, I believe that amendment 10 is unnecessary. It
duplicates and reiterates what the bill already provides. So long as it
does not harm and does not create confusion, I support it. The Senator
from Oklahoma may accuse us of providing duplicative programs, but no
one is going to subject themselves to sexual assault just because they
might be eligible for a VAWA program or help from a trafficking
program. No individual victim is going to somehow profit at taxpayers'
expense. The amendment is accepted merely as further clarification of
the availability of VAWA programs to children who are both victims of
trafficking and sexual assault. Sex trafficking victims are by
definition also sexual assault victims.
I am not in favor of confusing program administrators or taking
program funds away from victims of rape and domestic violence. I have
worked hard not to pit victims against each other. Instead, I have
tried to provide for the needs of all victims.
The PRESIDING OFFICER. The Senator from Connecticut.
Mr. BLUMENTHAL. Madam President, I want to again thank the chairman
of the Judiciary Committee, Patrick Leahy, for his leadership on this
bill and on the issue of human trafficking. He has led this Chamber.
I want to thank my colleague, Senator Portman, for truly a
commonsense amendment that aims to combat one of the great scourges in
the United States and around the world, sex trafficking involving young
people. We can take a strong step and send a strong message by
providing the kinds of services to young victims as we do to other
victims who receive aid under VAWA. I urge my colleagues to support
this amendment.
The PRESIDING OFFICER. The Senator's time has expired.
Mr. PORTMAN. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The question is on agreeing to the amendment.
The clerk will call the roll.
The assistant bill clerk called the roll.
The result was announced--yeas 100, nays 0, as follows:
[Rollcall Vote No. 16 Leg.]
YEAS--100
Alexander
Ayotte
Baldwin
Barrasso
Baucus
Begich
Bennet
Blumenthal
Blunt
Boozman
Boxer
Brown
Burr
Cantwell
Cardin
Carper
Casey
Chambliss
Coats
Coburn
Cochran
Collins
Coons
Corker
Cornyn
Cowan
Crapo
Cruz
Donnelly
Durbin
Enzi
Feinstein
Fischer
Flake
Franken
Gillibrand
Graham
Grassley
Hagan
Harkin
Hatch
Heinrich
Heitkamp
Heller
Hirono
Hoeven
Inhofe
Isakson
Johanns
Johnson (SD)
Johnson (WI)
Kaine
King
Kirk
Klobuchar
Landrieu
Lautenberg
Leahy
Lee
Levin
Manchin
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Moran
Murkowski
Murphy
Murray
Nelson
Paul
Portman
Pryor
Reed
Reid
Risch
Roberts
Rockefeller
Rubio
Sanders
Schatz
Schumer
Scott
Sessions
Shaheen
Shelby
Stabenow
Tester
Thune
Toomey
Udall (CO)
Udall (NM)
Vitter
Warner
Warren
Whitehouse
Wicker
Wyden
The amendment (No. 10) was agreed to.
Mr. LEAHY. Madam President, I move to reconsider.
Mr. MERKLEY. I move to lay that on the table.
The motion to lay on the table was agreed to.
Amendment No. 11
Mr. LEAHY. Madam President, the distinguished Senator from Alaska,
Ms. Murkowski, has filed amendment No. 11, a technical fix to ensure
that VAWA's tribal provisions apply to Alaska. I now offer the
amendment on her behalf. I support this amendment and I ask it be added
to the bill.
The PRESIDING OFFICER. Without objection, the clerk will report the
amendment.
The bill clerk read as follows:
The Senator from Vermont [Mr. Leahy], for Ms. Murkowski,
proposes an amendment numbered 11.
Mr. LEAHY. I ask further reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
Beginning on page 186, strike line 5 and all that follows
through page 187, line 3, and insert the following:
SEC. 905. TRIBAL PROTECTION ORDERS.
Section 2265 of title 18, United States Code, is amended by
striking subsection (e) and inserting the following:
``(e) Tribal Court Jurisdiction.--For purposes of this
section, a court of an Indian tribe shall have full civil
jurisdiction to issue and enforce protection orders involving
any person, including the authority to enforce any orders
through civil contempt proceedings, to exclude violators from
Indian land, and to use other appropriate mechanisms, in
matters arising anywhere in the Indian country of the Indian
tribe (as defined in section 1151) or otherwise within the
authority of the Indian tribe.''.
Beginning on page 193, strike line 20 and all that follows
through page 194, line 3, and insert the following:
SEC. 910. SPECIAL RULE FOR THE STATE OF ALASKA.
(a) Expanded Jurisdiction.--In the State of Alaska, the
amendments made by sections 904 and 905 shall only apply to
the Indian
[[Page S612]]
country (as defined in section 1151 of title 18, United
States Code) of the Metlakatla Indian Community, Annette
Island Reserve.
(b) Retained Jurisdiction.--The jurisdiction and authority
of each Indian tribe in the State of Alaska under section
2265(e) of title 18, United States Code (as in effect on the
day before the date of enactment of this Act)--
(1) shall remain in full force and effect; and
(2) are not limited or diminished by this Act or any
amendment made by this Act.
(c) Savings Provision.--Nothing in this Act or an amendment
made by this Act limits or diminishes the jurisdiction of the
State of Alaska, any subdivision of the State of Alaska, or
any Indian tribe in the State of Alaska.
The PRESIDING OFFICER. There will now be 2 minutes of debate, equally
divided.
Mr. LEAHY. I yield back all time.
The PRESIDING OFFICER. Without objection, it is so ordered.
If there is no further debate, the question is on agreeing to the
amendment.
The amendment (No. 11) was agreed to.
Amendment No. 15
The PRESIDING OFFICER. Under the previous order, there will be 2
minutes of debate, equally divided, prior to a vote in relation to
amendment No. 15, offered by the Senator from Oklahoma, Mr. Coburn.
Mr. COBURN. Madam President, this is an amendment that follows GAO
recommendations with which the Justice Department agreed in terms of an
audit on the duplication within their program. As a matter of fact, I
have the data where the Justice Department actually concurred with the
GAO on it. The purpose of the amendment is to eliminate the backlog in
DNA testing, both in terms of rape kits and CODIS. The Cornyn amendment
improved the bill but does not direct the money necessary. It is a
small percentage, less than 2 percent over 10 years out of that bill,
less than 2 percent of 1 year's spending. We spent $40 million for 10
years on these grants and what we are asking for is .4 of 1 percent to
help solve the backlog on all the DNA cases.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. LEAHY. The bipartisan Leahy-Crapo Violence Against Women
Reauthorization Act already reduces authorization levels and adds
important accountability measures. These are careful, appropriate, and
effective steps. The Coburn amendment would mandate sweeping cuts which
would decimate programs. The amendment is opposed by law enforcement,
including the National Association of Police Organizations, and by the
National Task Force to End Sexual and Domestic Violence Against Women.
Of course we all want to combat fraud, waste, and abuse. But this
amendment is not the way to do it. The amendment purports to be based
on findings by the U.S. Government Accountability Office, GAO, but it
misconstrues those findings. The amendment states that the GAO
identified $3.9 billion in ``duplicative'' grants programs. That is
simply not the case. The July 2012 GAO report states that the total
amount of grants awarded by the Justice Department in fiscal year 2010
was only $3.6 billion. You cannot have $3.9 billion in duplication when
the total amount of grant money awarded was less than that.
More importantly, the GAO report did not actually conclude that there
was duplication. The July report said there was ``the potential risk of
unnecessary duplication'' and recommended that the Justice Department
conduct an assessment to determine if grant programs could be
consolidated to mitigate that risk. The GAO did not recommend any
funding cuts and certainly did not recommend the $780 million cut that
this amendment would require. As I have noted, our bill already
includes a 17-percent cut in authorizations.
The amendment offered by Senator Coburn requires the Department of
Justice to gut key grant programs. It would mandate that the Department
cut at least $780 million from its grant programs, many of which
provide critical funding to law enforcement and victim service
providers. This would have devastating effects on victims of rape and
domestic violence, and I urge Senators to vote against it.
The amendment tries to sugarcoat the damage it will do by reference
to untested rape kits. In fact, it is the amendment that is
duplicative. We have established the Debbie Smith Act to reduce the
backlog of untested rape kits and the Leahy-Crapo bill already includes
measures to reduce the backlog through core VAWA programs and through
the inclusion of the SAFER Act.
By gutting grant programs to law enforcement and victims, the Coburn
amendment does not help victims of rape, who rely on victim service
providers funded with these grants and on law enforcement who count on
Federal support. Mandating vast cuts in programs for victims and law
enforcement at a time when those programs are already being squeezed is
bad policy. These grant programs save lives. The amendment is bad for
victims and bad for law enforcement. I urge Senators to oppose it.
I ask unanimous consent to have printed in the Record letters in
opposition to amendment No. 15 to S. 47, the Violence Against Women
Reauthorization Act of 2013.
There being no objection, the material was ordered to be printed in
the Record, as follows:
National Association
of Police Organizations, Inc.,
Alexandria, Virginia, February 11, 2013.
Hon. Patrick Leahy,
Chairman, Senate Judiciary Committee, Washington, DC.
Dear Chairman Leahy: On behalf of the National Association
of Police Organizations (NAPO), representing 241,000 rank-
and-file officers from across the United States, I write to
you to inform you that we strongly oppose proposed Amendment
15, offered by Senator Coburn, to the Violence Against Women
Act Reauthorization of 2013 (S. 47).
This amendment would mandate cuts of $780 million or more
from Department of Justice grant programs. Those cuts would
have to come from programs that help victims of crime, like
the Violence Against Women Act, or from aid to state and
local law enforcement, among other important grant programs.
Mandating vast cuts in programs for victims and law
enforcement at a time when those programs are already being
squeezed is bad policy. State and local governments rely on
vital federal assistance, including for bullet proof vests
and other life-saving equipment.
This VAWA reauthorization already reduces authorization
levels and adds important accountability measures. These are
careful, appropriate, and effective steps. The Coburn
amendment would add sweeping and unprincipled mandated cuts
which would decimate programs. For these reasons, we must
strongly oppose it.
Sincerely,
William J. Johnson,
Executive Director.
____
National Task Force to End Sexual and Domestic Violence
Against Women,
Washington, DC, February 8, 2013.
Senator Patrick Leahy,
Chair, Senate Committee on the Judiciary, U.S. Senate,
Washington, DC.
Dear Senator Leahy: The National Task Force to End Sexual
and Domestic Violence represents thousands of national,
tribal, state, territorial and local organizations, as well
as survivors of domestic violence, dating violence, sexual
assault, and stalking. We are committed to securing an end to
violence against women. National Task Force to End Sexual and
Domestic Violence agrees that more funding should be made
available for the rape kit backlog and other critical victim
services and notes that significant provisions to do this and
address the crime of rape are already included in S. 47.
On the other hand, the National Task Force to End Sexual
and Domestic Violence is opposed to Amendment No. 15 to S.
47, proposed by Senator Coburn. Senator Coburn's amendment
has the ostensible goal of saving money on administrative
costs in order to redirect those funds to address the
nation's rape kit backlog. But the amendment's mandates would
ultimately cost so much money themselves--that they could not
generate the proposed savings promised to alleviate the rape
kit backlog.
This amendment would mandate cuts of more than $700 million
to Department of Justice grant programs, eviscerating
services to victims of all crimes and decimating justice
system responses to crime.
This amendment also requires a top to bottom review of
every program in the Department of Justice, every staff
position in the Department of Justice, and every staff person
hired by every contractor engaged by the Department of
Justice. An audit of this scope is simply unworkable and
would drain valuable resources that would otherwise support
law enforcement agencies, courts, prosecutors' office, and
victim services, leaving
[[Page S613]]
victims of all forms of crime vulnerable to great harm.
The audit proposed in Amendment No. 15 would require the
Department of Justice to investigate every one of its
approximately 110,000 employees, including U.S. Attorneys,
FBI agents, federal marshals, ATF employees, federal prison
employees, in search of supposed duplications and waste. The
U.S. Department of Justice has 38 agencies and is the largest
law enforcement agency in this country; to hamper its
incredibly important work fighting crime every day with an
audit that may or may not yield proof of duplication or
waste, is an injustice to all of the people the Justice
Department is bound to protect and serve. A review of this
size and scope would clearly cost hundreds of millions of
dollars, a growth of government functions that is
unconscionable in a time of fiscal crisis.
There is an easier and much less expensive way to reduce
administrative costs in order to dedicate more funding to
direct services--and that is accomplished in S. 47. S. 47
consolidates 13 existing programs in the Office on Violence
Against Women into 4 programs. S. 47 already addresses
duplication and potential waste in Violence Against Women
Act-funded programs through these consolidations. S. 47 will
free up more funds for direct services by consolidating
administrative functions--and will preserve desperately
needed services.
Amendment No. 15 will require the Department of Justice to
spend hundreds of millions of dollars that could otherwise go
toward direct services, meaning fewer victims served and more
programs closing. We ask you and your fellow Senators to vote
NO on Amendment No. 15.
Sincerely,
The Member Programs of the National Task Force to End Sexual
and Domestic Violence.
Mr. LEAHY. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The question is on agreeing to the amendment. The clerk will call the
roll.
The assistant bill clerk called the roll.
Mr. CORNYN. The following Senator is necessarily absent: the Senator
from Tennessee (Mr. Alexander).
Further, if present and voting, the Senator from Tennessee (Mr.
alexander) would have voted ``yea.''
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 46, nays 53, as follows:
[Rollcall Vote No. 17 Leg.]
YEAS--46
Ayotte
Barrasso
Blunt
Boozman
Burr
Chambliss
Coats
Coburn
Cochran
Collins
Corker
Cornyn
Crapo
Cruz
Enzi
Fischer
Flake
Graham
Grassley
Hatch
Heller
Hoeven
Inhofe
Isakson
Johanns
Johnson (WI)
Kirk
Lee
Manchin
McCain
McCaskill
McConnell
Moran
Murkowski
Paul
Portman
Risch
Roberts
Rubio
Scott
Sessions
Shelby
Thune
Toomey
Vitter
Wicker
NAYS--53
Baldwin
Baucus
Begich
Bennet
Blumenthal
Boxer
Brown
Cantwell
Cardin
Carper
Casey
Coons
Cowan
Donnelly
Durbin
Feinstein
Franken
Gillibrand
Hagan
Harkin
Heinrich
Heitkamp
Hirono
Johnson (SD)
Kaine
King
Klobuchar
Landrieu
Lautenberg
Leahy
Levin
Menendez
Merkley
Mikulski
Murphy
Murray
Nelson
Pryor
Reed
Reid
Rockefeller
Sanders
Schatz
Schumer
Shaheen
Stabenow
Tester
Udall (CO)
Udall (NM)
Warner
Warren
Whitehouse
Wyden
NOT VOTING--1
Alexander
The amendment (No. 15) was rejected.
Mr. LEAHY. Madam President, I move to reconsider the vote.
Mr. LEVIN. I move to lay that motion on the table. The motion to lay
on the table was agreed to.
____________________