[Congressional Record Volume 159, Number 165 (Tuesday, November 19, 2013)]
[Senate]
[Pages S8189-S8197]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. THUNE (for himself, Mr. Alexander, Mr. Hatch, Mr. Inhofe,
Mr. Vitter, Mr. Enzi, Mr. Johnson of Wisconsin, Mr. Barrasso,
Mr. Scott, Mr. Chambliss, Mr. Coburn, Mr. Boozman, and Mr.
Roberts):
S. 1724. A bill to provide that the reinsurance fee for the
transitional reinsurance program under the Patient Protection and
Affordable Care Act be applied equally to all health insurance issuers
and group health plans; to the Committee on Health, Education, Labor,
and Pensions.
Mr. THUNE. Mr. President, I come to the floor to discuss again how
ObamaCare is negatively impacting American families.
NBC News is reporting that 5 million Americans have received
cancellation notices from health insurers. In my home State of South
Dakota, the Sioux Falls Argus Leader is reporting that nearly 3,000
people have lost the plan they had. Yet this administration is merely
pursuing political bandaids for the problem created by the President's
health care law. The President is trying to fix this problem of
canceled plans, but his solution is a politically motivated bandaid in
response to pressure from Members of his own party who are nervous
about the next election. The unfortunate reality of his bandaid is that
it won't work.
Instead of taking responsibility for his failed policies and broken
promises, he is changing his mind about how he wants his law to work at
the eleventh hour. He is kicking the can to State insurance regulators
to determine whether, in 48 days--which is from the date of his
announcement on Thursday--they can reverse a train wreck that has been
barreling down the tracks for nearly 4 years.
The President's health care law told the entire country that
compliance with the President's law must occur on January 1, 2014. In
response, industry and State regulators complied. Now, after
relentlessly pushing a law that is fundamentally flawed, the President
is changing his mind. He is expecting the State insurance commissioners
to bail him out, to allow Americans to keep the plans they were
promised they could keep.
Since passage of his health care law, the President has continued to
tout his law and has continued to make promises to the American people
that he knowingly cannot keep. While I agree that Americans should be
able to keep the plans they have and like, this eleventh-hour attempt
at a fix is an indication that the underpinnings of this law are
irreversibly flawed.
The administration is now trying to live up to a promise it made
despite the fact that they knew the promise wasn't true. In fact, the
President repeated and reiterated that promise as recently as September
26 despite the fact that the administration knew it wasn't true. In
2010 the administration knew that up to 93 million Americans in the
private market were in danger of losing their current health care plan.
But the deeper problem with the President's fix is that it is merely a
bandaid. By this time next year Americans will be in this exact same
situation all over again.
The President is not focused on finding a good permanent solution but
a good political solution. Putting this bandaid on the problem now may
get him and his party past next year's elections. He seems more
interested in preserving that power than creating real solutions to the
underlying issues. In fact, the President is so concerned about the
politics of his actions that he is considering yet again a way to bail
out his union friends. As part of the health care law, unions agree to
pay a tax to help pay for the cost of expanding coverage. This tax,
known as the reinsurance tax, is scheduled to be paid by self-insured
plans, including plans administered by unions and many of the largest
businesses in America. But the unions are unhappy that they have to pay
money into a fund to help fund a benefit for someone other than their
dues-paying members. They took their complaints to the administration,
and, buried in a regulation issued last month, the administration
announced they intend to exempt unions from paying this tax.
Yesterday the Wall Street Journal editorial page articulated exactly
why the unions should not be exempt from this tax. The editorial,
called ``ObamaCare's Union Favor,'' argues that ``the unions ought to
consider this tax a civic obligation in solidarity with the (uninsured)
working folk they claim to support.'' It further states that ``there's
no conceivable rationale--other than politics--for releasing union-only
plans from a tax.'' As the editorial pointed out, exempting unions from
this tax will only mean increased taxes on nonunionized Americans in
self-insured plans since the tax is structured in a way that it must
raise a total of $25 billion and isn't structured as a straight
percentage like most taxes.
Granting this political deal to unions is why I am introducing the
Union Tax Fairness Act. This bill would ensure that unions live up to
the commitments they made when they put their political weight behind
the health care law. It is political deals such as this that highlight
how this law is failing the average American.
This reinsurance fee exemption isn't the only backroom deal the
administration is trying to grant unions. Earlier this fall the
administration tried to find a way to provide ObamaCare subsidies to
ineligible union employees. I introduced a bill called the Union
Bailout Prevention Act which was aimed at ensuring the administration
could not make that special deal either.
It is clear that this President--President Obama--is trying to fix
problems in his health care law by making decisions and exemptions
based on favors to his political allies.
Democrats are on the run from the law they once championed. They
recognize this law is sagging under its own weight. Last week there
were 39 House Democrats who voted against the Obama administration by
supporting the Upton bill that provides a better solution to allowing
Americans to keep plans they like than what the President proposed.
Even former President Bill Clinton said President Obama should keep his
word when it comes to allowing Americans to keep the plans they have
and like. In this Chamber, several Senate Democrats are running for the
exits and looking for a legislative escape hatch of their own.
Unfortunately, the solutions proposed by this administration to fix
problems in the health care law are only temporary solutions. Their
solutions to problems are either temporary delays--as they did with the
employer mandate and the 1-year extension of 2013 plans--or political
favors to their friends and allies. Instead, this administration should
agree to delay this entire law for all Americans.
Americans are deeply skeptical of the Affordable Care Act. According
to last week's Gallup poll, 55 percent of Americans now disapprove of
the health care law. There is a more recent poll this morning in which
ABC News and the Washington Post have that number at 57 percent
disapproving.
The time to act is now to ensure Americans can keep the plans they
have and like. This ``fix'' won't prevent Americans from losing their
coverage, facing sticker shock and premium increases, or losing their
doctors. This law is fundamentally broken, and we need to start over
and enact real reforms that decrease costs and improve access to care.
As do so many of us in this Chamber, I hear on a daily basis from my
constituents in South Dakota about the very real impact this is having
on middle-income Americans. This is an email I received last week:
My wife just received our health care insurance policy
renewals for 2014 and we are in shock!
Our monthly premiums increased from $400 per month to
$1,000, or over $7,000 more per year. My wife age 59 and me
age 60 now receive maternity benefits and some other very
limited coverage. We lost our prescription drug co-pay and
doctor visits co-pay. These expenses will now be included in
our $6,300 deductible. I will have no option for any subsidy
to offset these increases in premiums.
He goes on to say:
Please, please push for a reversal of this horrible health
care plan.
[[Page S8190]]
My wife and I are physically ill after receiving this
letter from our insurance carrier. Again, the government is
destroying our lives and we need you to stop this madness.
This is just one example of many that I have heard from my State of
South Dakota and many that my colleagues here in the Senate are hearing
from all across this country. It is clear this program, this health
insurance law, is not ready for prime time. It is time for us to take a
timeout and to go back to the drawing board and construct a plan, an
insurance program for this country, legislation that will help reduce
the costs for working-class Americans, give them access to better
quality of care, and allow them to keep the doctor they choose, which
is very much in jeopardy as well as a result of this takeover,
literally, of one-sixth of our economy.
There is a better way, as I think countless--millions--Americans are
finding out through canceled coverages, sticker shock from skyrocketing
premiums, and the new knowledge that they may not be able to keep not
only their health insurance plan but also the doctors they like. This
is a grim reality for way too many Americans, and it is time for us to
step forward and do something about it.
The President's proposal is a bandaid. It is a political solution. It
is not a permanent solution; it is temporary. We need long-term fixes
put in place that will address the health care concerns people have.
The way to do that isn't to have the Federal Government literally
assume control of one-sixth of the American economy and all the
decisionmaking that takes out of the hands of ordinary, middle-class
families--people across this country who are working hard to take care
of their families.
______
By Mr. CORNYN (for himself, Mr. Schumer, Mr. Blunt, Mr. Warner,
Mr. Wicker, and Mr. Brown):
S. 1728. A bill to amend the Uniformed and Overseas Citizens Absentee
Voting Act to improve ballot accessibility to uniformed services voters
and overseas voters, and for other purposes; to the Committee on Rules
and Administration.
Mr. CORNYN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1728
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safeguarding Elections for
our Nation's Troops through Reforms and Improvements (SENTRI)
Act''.
TITLE I--AMENDMENTS RELATED TO THE UNIFORMED AND OVERSEAS CITIZENS
ABSENTEE VOTING ACT
SEC. 101. PRE-ELECTION REPORTING REQUIREMENT ON TRANSMISSION
OF ABSENTEE BALLOTS.
(a) In General.--Subsection (c) of section 102 of the
Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff-1(c)) is amended by striking ``Not later than
90 days'' and inserting the following:
``(1) Pre-election report on absentee ballots
transmitted.--
``(A) In general.--Not later than 43 days before any
election for Federal office held in a State, the chief State
election official of such State shall submit a report to the
Attorney General and the Presidential Designee, and make that
report publicly available that same day, confirming--
``(i) the number of absentee ballots validly requested by
absent uniformed services voters and overseas voters whose
requests were received by the 46th day before the election,
and
``(ii) whether those ballots were timely transmitted.
``(B) Matters to be included.--The report under
subparagraph (A) shall include the following information:
``(i) Specific information about ballot transmission,
including the total numbers of ballot requests received from
such voters and ballots transmitted to such voters by the
46th day before the election from each unit of local
government that will administer the election.
``(ii) If the chief State election official has incomplete
information on any items required to be included in the
report, an explanation of what information is incomplete
information and efforts made to acquire such information.
``(C) Requirement to supplement incomplete information.--If
the report under subparagraph (A) has incomplete information
on any items required to be included in the report, the chief
State election official shall make all reasonable efforts to
expeditiously supplement the report with complete
information.
``(D) Format.--The report under subparagraph (A) shall be
in a format prescribed by the Attorney General in
consultation with the chief State election officials of each
State.
``(2) Post election report on number of absentee ballots
transmitted and received.--Not later than 90 days''.
(b) Conforming Amendment.--The heading for subsection (c)
of section 102 of such Act (42 U.S.C. 1973ff-1(c)) is amended
by striking ``Report on Number of Absentee Ballots
Transmitted and Received'' and inserting ``Reports on
Absentee Ballots''.
SEC. 102. TRANSMISSION REQUIREMENTS; REPEAL OF WAIVER
PROVISION.
(a) In General.--Paragraph (8) of section 102(a) of the
Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff-1(a)) is amended to read as follows:
``(8) transmit a validly requested absentee ballot to an
absent uniformed services voter or overseas voter by the date
and in the manner determined under subsection (g);''.
(b) Ballot Transmission Requirements and Repeal of Waiver
Provision.--Subsection (g) of section 102 of such Act (42
U.S.C. 1973ff-1(g)) is amended to read as follows:
``(g) Ballot Transmission Requirements.--
``(1) In general.--For purposes of subsection (a)(8), in
the case in which a valid request for an absentee ballot is
received at least 46 days before an election for Federal
office, the following rules shall apply:
``(A) Transmission deadline.--The State shall transmit the
absentee ballot not later than 46 days before the election.
``(B) Special rules in case of failure to transmit on
time.--
``(i) In general.--If the State fails to transmit any
absentee ballot by the 46th day before the election as
required by subparagraph (A) and the absent uniformed
services voter or overseas voter did not request electronic
ballot transmission pursuant to subsection (f), the State
shall transmit such ballot by express delivery.
``(ii) Extended failure.--If the State fails to transmit
any absentee ballot by the 41st day before the election, in
addition to transmitting the ballot as provided in clause
(i), the State shall--
``(I) in the case of absentee ballots requested by absent
uniformed services voters with respect to regularly scheduled
general elections, notify such voters of the procedures
established under section 103A for the collection and
delivery of marked absentee ballots; and
``(II) in any other case, provide for the return of such
ballot by express delivery.
``(iii) Cost of express delivery.--In any case in which
express delivery is required under this subparagraph, the
cost of such express delivery--
``(I) shall not be paid by the voter, and
``(II) may be required by the State to be paid by a local
jurisdiction if the State determines that election officials
in such jurisdiction are responsible for the failure to
transmit the ballot by any date required under this
paragraph.
``(iv) Enforcement.--A State's compliance with this
subparagraph does not bar the Attorney General from seeking
additional remedies necessary to effectuate the purposes of
this Act.
``(2) Requests received after 46th day before election.--
For purposes of subsection (a)(8), in the case in which a
valid request for an absentee ballot is received less than 46
days but not less than 30 days before an election for Federal
office, the State shall transmit the absentee ballot not
later than 3 business days after such request is received.''.
SEC. 103. TECHNICAL CLARIFICATIONS TO CONFORM TO 2009 MOVE
ACT AMENDMENTS RELATED TO THE FEDERAL WRITE-IN
ABSENTEE BALLOT.
(a) In General.--Section 102(a)(3) of the Uniformed and
Overseas Citizens Absentee Voting Act) 42 U.S.C. 1973ff-
1(a)(3)) is amended by striking ``general elections'' and
inserting ``general, special, primary, and runoff
elections''.
(b) Conforming Amendment.--Section 103 of such Act (42
U.S.C. 1973ff-2) is amended--
(1) in subsection (b)(2)(B), by striking ``general'', and
(2) in the heading thereof, by striking ``general''.
SEC. 104. TREATMENT OF BALLOT REQUESTS.
(a) Application of Prohibition of Refusal of Applications
on Grounds of Early Submission to Overseas Voters.--Section
104 of the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973ff-3) is amended--
(1) by inserting ``or overseas voter'' after ``submitted by
an absent uniformed services voter''; and
(2) by striking ``members of the uniformed services'' and
inserting ``absent uniformed services voters or overseas
voters''.
(b) Use of Single Application for Subsequent Elections.--
(1) In general.--Section 104 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-3) is
amended--
(A) by striking ``A State'' and inserting the following:
[[Page S8191]]
``(a) Prohibition of Refusal of Applications on Grounds of
Early Submission.--A State'', and
(B) by adding at the end the following new subsections:
``(b) Application Treated as Valid for Subsequent
Elections.--
``(1) In general.--If a State accepts and processes a
request for an absentee ballot by an absent uniformed
services voter or overseas voter and the voter requests that
the application be considered an application for an absentee
ballot for each subsequent election for Federal office held
in the State through the next regularly scheduled general
election for Federal office (including any runoff elections
which may occur as a result of the outcome of such general
election) and any special elections for Federal office held
in the State through the calendar year following such general
election, the State shall provide an absentee ballot to the
voter for each such subsequent election.
``(2) Exceptions.--Paragraph (1) shall not apply with
respect to either of the following:
``(A) Voters changing registration.--A voter removed from
the list of official eligible voters in accordance with
subparagraph (A), (B), or (C) of section 8(a)(3) of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-
6(a)).
``(B) Undeliverable ballots.--A voter whose ballot is
returned by mail to the State or local election officials as
undeliverable or, in the case of a ballot delivered
electronically, if the email sent to the voter was
undeliverable or rejected due to an invalid email address.''.
(2) Conforming amendment.--The heading of section 104 of
such Act is amended by striking ``PROHIBITION OF REFUSAL OF
APPLICATIONS ON GROUNDS OF EARLY SUBMISSION'' and inserting
``TREATMENT OF BALLOT REQUESTS''.
(3) Revision to postcard form.--
(A) In general.--The Presidential designee shall ensure
that the official postcard form prescribed under section
101(b)(2) of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff(b)(2)) enables a voter using the
form to--
(i) request an absentee ballot for each election for
Federal office held in a State through the next regularly
scheduled general election for Federal office (including any
runoff elections which may occur as a result of the outcome
of such general election) and any special elections for
Federal office held in the State through the calendar year
following such general election; or
(ii) request an absentee ballot for a specific election or
elections for Federal office held in a State during the
period described in paragraph (1).
(B) Presidential designee.--For purposes of this paragraph,
the term ``Presidential designee'' means the individual
designated under section 101(a) of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff(a)).
SEC. 105. APPLICABILITY TO COMMONWEALTH OF THE NORTHERN
MARIANA ISLANDS.
Paragraph (6) and (8) of section 107 of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6(6))
are each amended by striking ``and American Samoa'' and
inserting ``American Samoa, and the Commonwealth of the
Northern Mariana Islands''.
SEC. 106. BIENNIAL REPORT ON THE EFFECTIVENESS OF ACTIVITIES
OF THE FEDERAL VOTING ASSISTANCE PROGRAM AND
COMPTROLLER GENERAL REVIEW.
(a) In General.--Section 105A(b) of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
4a(b)) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``March 31 of each year'' and inserting
``June 30 of each odd-numbered year''; and
(B) by striking ``the following information'' and inserting
``the following information with respect to the Federal
elections held during the 2 preceding calendar years'';
(2) in paragraph (1), by striking ``separate assessment''
each place it appears and inserting ``separate assessment and
statistical analysis''; and
(3) in paragraph (2)--
(A) by striking ``section 1566a'' in the matter preceding
subparagraph (A) and inserting ``sections 1566a and 1566b'';
(B) by striking ``such section'' each place it appears in
subparagraphs (A) and (B) and inserting ``such sections'';
and
(C) by adding at the end the following new subparagraphs:
``(C) The number of completed official postcard forms
prescribed under section 101(b)(2) that were completed by
absent uniformed services members and accepted and
transmitted.
``(D) The number of absent uniformed services members who
declined to register to vote under such sections.''.
(b) Comptroller General Reviews.--Section 105A of the
Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff-4a) is amended by redesignating subsection (c)
as subsection (d) and by inserting after subsection (b) the
following new subsection:
``(c) Comptroller General Reviews.--
``(1) In general.--
``(A) Review.--The Comptroller General shall conduct a
review of any reports submitted by the Presidential designee
under subsection (b) with respect to elections occurring in
calendar years 2014 through 2020.
``(B) Report.--Not later than 180 days after a report is
submitted by the Presidential designee under subsection (b),
the Comptroller General shall submit to the relevant
committees of Congress a report containing the results of the
review conducted under subparagraph (A).
``(2) Matters reviewed.--A review conducted under paragraph
(1) shall assess--
``(A) the methodology used by the Presidential designee to
prepare the report and to develop the data presented in the
report, including the approach for designing, implementing,
and analyzing the results of any surveys,
``(B) the effectiveness of any voting assistance covered in
the report provided under subsection (b) and provided by the
Presidential designee to absent overseas uniformed services
voters and overseas voters who are not members of the
uniformed services, including an assessment of--
``(i) any steps taken toward improving the implementation
of such voting assistance; and
``(ii) the extent of collaboration between the Presidential
designee and the States in providing such voting assistance;
and
``(C) any other information the Comptroller General
considers relevant to the review.''.
(c) Conforming Amendments.--
(1) Section 101(b) of such Act (42 U.S.C. 1973ff(b)) is
amended--
(A) by striking paragraph (6); and
(B) by redesignating paragraphs (7) through (11) as
paragraphs (6) through (10), respectively.
(2) Section 102(a) of such Act (42 U.S.C. 1973ff-1(a)) is
amended--
(A) in paragraph (5), by striking ``101(b)(7)'' and
inserting ``101(b)(6)''; and
(B) in paragraph (11), by striking ``101(b)(11)'' and
inserting ``101(b)(10)''.
(3) Section 105A(b) of such Act (42 U.S.C. 1973ff-4a(b)) is
amended--
(A) by striking ``Annual Report'' in the subsection heading
and inserting ``Biennial Report''; and
(B) by striking ``In the case of'' in paragraph (3) and all
that follows through ``a description'' and inserting ``A
description''.
SEC. 107. EFFECTIVE DATE.
The amendments made by this title shall apply with respect
to the regularly scheduled general election for Federal
office held in November 2014 and each succeeding election for
Federal office.
TITLE II--PROVISION OF VOTER ASSISTANCE TO MEMBERS OF THE ARMED FORCES
SEC. 201. PROVISION OF ANNUAL VOTER ASSISTANCE.
(a) Annual Voter Assistance.--
(1) In general.--Chapter 80 of title 10, United States
Code, is amended by inserting after section 1566a the
following new section:
``Sec. 1556b. Annual voter assistance
``(a) In General.--The Secretary of Defense shall carry out
the following activities:
``(1) In coordination with the Secretary of each military
department--
``(A) affirmatively offer, on an annual basis, each member
of the armed forces on active duty (other than active duty
for training) the opportunity, through the online system
developed under paragraph (2), to--
``(i) register to vote in an election for Federal office;
``(ii) update the member's voter registration information;
or
``(iii) request an absentee ballot;
``(B) provide services to such members for the purpose of
carrying out the activities in clauses (i), (ii), and (iii)
of subparagraph (A); and
``(C) require any such member who declines the offer for
voter assistance under subparagraph (A) to indicate and
record that decision.
``(2) Implement an online system that, to the extent
practicable, is integrated with the existing systems of each
of the military departments and that--
``(A) provides an electronic means for carrying out the
requirements of paragraph (1);
``(B) in the case of an individual registering to vote in a
State that accepts electronic voter registration and operates
its own electronic voter registration system using a form
that meets the requirements for mail voter registration forms
under section 9(b) of the National Voter Registration Act of
1993 (42 U.S.C. 1973gg-7(b)), directs such individual to that
system; and
``(C) in the case of an individual using the official
postcard form prescribed under section 101(b)(2) of the
Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff(b)(2)) to register to vote and request an
absentee ballot--
``(i) pre-populates such official postcard form with the
personal information of such individual, and
``(ii)(I) produces the pre-populated form and a pre-
addressed envelope for use in transmitting such official
postcard form; or
``(II) transmits the completed official postcard form
electronically to the appropriate State or local election
officials.
``(3) Implement a system (either independently or in
conjunction with the online system under paragraph (2)) by
which any change of address by a member of the armed forces
on active duty who is undergoing a permanent change of
station, deploying overseas for at least six months, or
returning from an overseas deployment of at least six months
automatically triggers, through the
[[Page S8192]]
Defense Enrollment and Eligibility Registration System or
related systems, a notification via electronic means to such
member that--
``(A) indicates that such member's voter registration or
absentee mailing address should be updated with the
appropriate State or local election officials; and
``(B) includes instructions on how to update such voter
registration using the online system developed under
paragraph (2).
``(b) Data Collection.--The online system developed under
subsection (a)(2) shall collect and store all data required
to meet the reporting requirements of section 201(b) of the
Safeguarding Elections for our Nation's Troops through
Reforms and Improvements (SENTRI) Act and section 105A(b)(2)
of the Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff-4a(b)(2)) in a manner that complies with
section 552a of title 5, United States Code, (commonly known
as the Privacy Act of 1974) and imposes no new record
management burden on any military unit or military
installation.
``(c) Timing of Voter Assistance.--To the extent
practicable, the voter assistance under subsection (a)(1)
shall be offered as a part of each service member's annual
training.
``(d) Regulations.--Not later than 1 year after the date of
the enactment of this section, the Secretary of Defense shall
prescribe regulations implementing the requirements of
subsection (a). Such regulations shall include procedures to
inform those members of the armed forces on active duty
(other than active duty for training) experiencing a change
of address about the benefits of this section and the
timeframe for requesting an absentee ballot to ensure
sufficient time for State delivery of the ballot.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 80 of such title is amended by inserting
after the item relating to section 1566a the following new
item:
``1556b. Annual voter assistance.''.
(b) Report on Status of Implementation.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the relevant committees of Congress a report on the
status of the implementation of the requirements of section
1566b of title 10, United States Code, as added by subsection
(a)(1).
(2) Elements.--The report under paragraph (1) shall
include--
(A) a detailed description of any specific steps already
taken towards the implementation of the requirements of such
section 1566b;
(B) a detailed plan for the implementation of such
requirements, including milestones and deadlines for the
completion of such implementation;
(C) the costs expected to be incurred in the implementation
of such requirements;
(D) a description of how the annual voting assistance and
system under subsection (a)(3) of such section will be
integrated with the Defense Enrollment and Eligibility
Registration System or other Department of Defense personnel
databases that track military service members' address
changes;
(E) an estimate of how long it will take an average member
to complete the voter assistance process required under
subsection (a)(1) of such section;
(F) an explanation of how the Secretary of Defense will
collect reliable data on the utilization of the online system
under subsection (a)(2) of such section; and
(G) a summary of any objections, concerns, or comments made
by State or local election officials regarding the
implementation of such section.
(3) Relevant committees of congress defined.--In this
subsection, the term ``relevant committees of Congress''
means--
(A) the Committees on Appropriations, Armed Services, and
Rules and Administration of the Senate; and
(B) the Committees on Appropriations, Armed Services, and
House Administration of the House of Representatives.
TITLE III--ELECTRONIC VOTING SYSTEMS
SEC. 301. REPEAL OF ELECTRONIC VOTING DEMONSTRATION PROJECT.
Section 1604 of the National Defense Authorization Act for
Fiscal Year 2002 (42 U.S.C. 1973ff note) is repealed.
TITLE IV--RESIDENCY OF MILITARY FAMILY MEMBERS
SEC. 401. EXTENDING GUARANTEE OF RESIDENCY FOR VOTING
PURPOSES TO FAMILY MEMBERS OF ABSENT MILITARY
PERSONNEL.
(a) In General.--Subsection (b) of section 705 of the
Servicemembers Civil Relief Act (50 U.S.C. App. 595) is
amended--
(1) by striking ``a person who is absent from a State
because the person is accompanying the persons's spouse who
is absent from that same State in compliance with military or
naval orders shall not, solely by reason of that absence''
and inserting ``a dependent of a person who is absent from a
State in compliance with military orders shall not, solely by
reason of absence, whether or not accompanying that person'';
and
(2) in the heading by striking ``Spouses'' and inserting
``Dependents''.
(b) Conforming Amendment.--The heading of section 705 of
such Act (50 U.S.C. App 595) is amended by striking
``SPOUSES'' and inserting ``DEPENDENTS''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to absences from States described in
section 705(b) of the Servicemembers Civil Relief Act (50
U.S.C. App. 595(b)), as amended by subsection (a), after the
date of the enactment of this Act, regardless of the date of
the military orders concerned.
______
By Ms. COLLINS:
S. 1730. A bill to reform the regulatory process to ensure that small
businesses are free to compete and to create jobs, to clear unnecessary
regulatory burdens, and for other purposes; to the Committee on
Homeland Security and Governmental Affairs.
Ms. COLLINS. Mr. President, I rise today to introduce the Clearing
Unnecessary Regulatory Burdens Act of 2013, or the ``CURB Act.'' This
legislation is designed to help relieve the onerous regulatory burden
on our Nation's job creators.
When I ask employers in Maine what we need to do to help them add
jobs, they tell me that Washington must reduce the cost and complexity
of the regulations imposed on them. And this is not just a concern
voiced by Maine businesses. Earlier this year, a Gallup poll of small
business owners found that the vast majority are not hiring new workers
right now, and more than half pointed to government regulations as one
of the reasons why. The National Federation of Independent Business
found the same when it polled its members last year.
No business owner I know questions the legitimate role of regulation
in protecting the health, safety, and well-being of employees and the
public. But the public is not well-served by regulations that bury
small businesses under a mountain of paperwork, driving up costs
unnecessarily, and impeding growth and job creation. Proper regulation
should be as efficient and simple as possible. At the very least, the
benefits of a regulation should exceed its costs.
Unfortunately, the burden of Federal regulations continues to grow.
Right now, Federal agencies are at work on nearly 2,500 new rules, at
least 229 of which affect small businesses. One hundred thirty-nine are
major rules, costing more than $100 million each. These rules will go
on top of a pile of regulations now measured in the millions of pages.
Year-by-year, this pile of pages gets ever deeper. In the 1970s, the
Federal Register, the compilation of Federal regulations, added some
450,000 pages. In the first decade of the 21st Century, more than
730,000 pages were added--a rate of 73,000 pages per year. The pace
continues to accelerate. On average since 2010, the Federal Government
has added more than 80,000 pages to the Federal Register each year.
This cannot continue.
We are not in the fifth year of an economic ``recovery'' that has
produced tepid economic growth and stubbornly high unemployment. The
red-tape that is strangling our job creators is one of the chief
reasons our economy has not fully recovered, and why millions of
Americans still cannot find jobs. If we want to get our economy moving
again and get Americans back to work, we must get serious about
streamlining and reforming our regulatory system.
The CURB Act is designed to do that by requiring Federal agencies to
take into account the impacts to small businesses and job growth before
imposing new rules and regulations. It does this in four ways: first,
by requiring Federal agencies to analyze the indirect costs of
regulations, such as the impact on job creation, the cost of energy,
and consumer prices; second, by requiring agencies to follow ``good
guidance'' practices; third, by helping small businesses avoid
unnecessary penalties for first-time, non-harmful paperwork violations;
and fourth, by implementing reforms to the Regulatory Flexibility Act
proposed by our former colleague, Senator Olympia Snowe. Let me explain
each of these provisions in further detail.
First, as a general rule, Federal agencies are not required by
statute to analyze the indirect costs regulations can have on the
public, such as higher energy costs, higher prices, and the impact on
job creation. However, Executive Order 12866, issued by President
Clinton in 1993, obligates agencies to provide the Office of
Information and Regulatory Affairs, OIRA, with an assessment of the
indirect costs of proposed regulations. The CURB Act would essentially
codify this provision of President Clinton's Executive Order.
Second, our bill obligates Federal agencies to comply with public
notice
[[Page S8193]]
and comment requirements and prohibits them from circumventing these
requirements by issuing unofficial rules as ``guidance documents.'' Let
me explain why this is necessary:
After President Clinton issued Executive Order 12866, Federal
agencies found it easier to issue so-called ``guidance documents,''
rather than formal rules. Although these guidance documents are merely
an agency's interpretation of how the public can comply with a
particular rule, and are not enforceable in court, as a practical
matter they operate as if they are legally binding. Thus, they have
been used by agencies to circumvent OIRA regulatory review and public
notice and comment requirements.
In 2007, OMB issued a Bulletin which contained a provision closing
this loophole by imposing ``Good Guidance Practices'' on Federal
agencies. This requires agencies to provide public notice and comment
for significant guidance documents. The CURB Act would essentially
codify this OMB Bulletin.
Third, the CURB Act helps out the ``little guy'' trying to navigate
our incredibly complex and burdensome regulatory environment. So many
small businesses do not have a lot of capital on hand. When a small
business inadvertently runs afoul of a Federal regulation for the first
time, that first penalty could sink the business and the jobs it
supports. The CURB Act directs agencies to search their files to
determine whether a small business is facing a paperwork violation for
the first time, and to offer to waive the penalty for that violation if
no harm has come of it. It simply does not make sense to me to punish
small businesses the first time they accidently fail to comply with
paperwork requirements, so long as no harm comes from that failure.
Fourth, as I mentioned, my bill also includes reforms to the
Regulatory Flexibility Act, RFA. These reforms would build on the RFA
by expanding its requirements to include guidance documents and
indirect costs, in a manner consistent with what I have already
described. In addition, the reforms to the RFA would allow small
businesses to challenge burdensome rules when they are proposed,
instead of when the rules have become final, which is often too late.
Finally, these proposed reforms would put teeth into the RFA's
requirement that agencies review their rules for possible savings at
least once a decade. The bill directs each agency's Inspector General
to notify the head of the agency if a rule has not been reviewed in the
time required. Once this notification is received, the agency has 6
months to conduct the required review. If it fails to do so, the bill
directs the IG to notify Congress, triggering the recission of one
percent of the offending agency's personnel budget unless Congress
intervenes.
Before I close, I want to note that many Members of this body, on
both sides of the aisle, have offered serious regulatory reform
proposals for our consideration in recent years. Indeed, even the
President's own ``Jobs Council''--before it was disbanded--stressed the
need for regulatory reform, and put forward ideas consistent with many
of the proposals I and other Members of this body have submitted as
legislation. Last session, the Homeland Security and Governmental
Affairs Committee, under the leadership of then- Chairman Lieberman and
myself, held a series of hearings on regulatory reform. But the Senate
as a whole did not act on these proposals last session, or dedicate any
time whatsoever to their consideration. I am hopeful this session will
be different, and room will be made on the Senate's agenda to consider
regulatory reform. As we do so, I would ask my colleagues to consider
the approach I have proposed in the CURB Act.
______
By Mr. DURBIN (for himself, Mr. Burr, Mr. Grassley, Mr. Harkin,
and Mr. Kirk):
S. 1736. A bill to amend titles 5 and 38, United States Code, to
clarify the veteran status of an individual based on the attendance of
the individual at a preparatory school of a service academy, and for
other purposes; to the Committee on Veterans' Affairs.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1736
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Support Earned Recognition
for Veterans Act'' or the ``SERVe Act''.
SEC. 2. CLARIFICATION OF VETERAN STATUS.
(a) Clarification of Definition of Military Service.--
Section 101 of title 38, United States Code, is amended--
(1) in paragraph (21)(D), by inserting after ``Naval
Academy'' the following: ``(but, except for purposes of
chapter 17 of this title in accordance with section
107(e)(2), does not include any service performed by a
student at a preparatory school of a service academy who is
not otherwise a member of the Armed Forces)'';
(2) in paragraph (22), by inserting before the period at
the end the following: `` or, except for purposes of chapter
17 of this title in accordance with section 107(e)(2), duty
performed by a student at a preparatory school of a service
academy who is not otherwise a member of the Armed Forces'';
and
(3) in paragraph (23), by adding after the period at the
end the following: ``Except for purposes of chapter 17 of
this title in accordance with section 107(e)(2), such term
does not include duty performed by a student at a preparatory
school of a service academy who is not otherwise a member of
the Armed Forces.''.
(b) Service Deemed Not to Be Active Service.--Section 107
of title 38, United States Code, is amended by adding at the
end the following new subsection:
``(e)(1) Except as provided by paragraph (2), duty
performed by a student at a preparatory school of a service
academy who is not otherwise a member of the Armed Forces
shall not be deemed to have been active military, naval, or
air service for the purposes of any of the laws administered
by the Secretary, regardless of whether the student was
injured or disabled as a result of such duty.
``(2) Chapter 17 of this title shall apply to an individual
described in paragraph (1) with respect to furnishing
hospital care and medical services solely for an injury or
disability incurred by the individual as a result of military
training related to future active duty service performed as a
student during the course of required training at a
preparatory school of a service academy. An individual who
receives such care and services under this paragraph may not
be treated as a veteran for the purposes of any other
provision of law solely by reason of receiving such care and
services under this paragraph.''.
(c) Small Business Concerns.--Section 8127(l) of title 38,
United States Code, is amended by adding at the end the
following new paragraph:
``(3) The term `veteran', in accordance with sections 101
and 107 of this title, does not include an individual whose
veteran status is based solely on the attendance of the
individual as a student at a preparatory school of a service
academy, regardless of whether the individual was injured or
disabled as a result of duty performed as such a student.''.
(d) Preference Eligible.--Section 2108 of title 5, United
States Code, is amended--
(1) in paragraph (4)(B), by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(6) an individual whose veteran status is based solely on
the attendance of the individual as a student at a
preparatory school of a service academy, regardless of
whether the individual was injured or disabled as a result of
duty performed as such a student, may not be treated as a
`veteran', `disabled veteran', or `preference eligible'.''.
______
By Mr. CORNYN (for himself, Mr. Wyden, Mr. Kirk, Ms. Klobuchar,
and Mr. Rubio):
S. 1738. A bill to provide justice for the victims of trafficking; to
the Committee on the Judiciary.
Mr. CORNYN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1738
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for Victims of
Trafficking Act of 2013''.
SEC. 2. DOMESTIC TRAFFICKING VICTIMS' FUND.
(a) In General.--Chapter 201 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 3014. Additional special assessment
``(a) In addition to the assessment imposed under section
3013, the court shall assess an amount of $5,000 on any
person or entity convicted of an offense under--
``(1) chapter 77 (relating to peonage, slavery, and
trafficking in persons);
``(2) chapter 109A (relating to sexual abuse);
``(3) chapter 110 (relating to sexual exploitation and
other abuse of children);
``(4) chapter 117 (relating to transportation for illegal
sexual activity and related crimes); or
[[Page S8194]]
``(5) section 274 of the Immigration and Nationality Act (8
U.S.C. 1324) (relating to human smuggling), unless the person
induced, assisted, abetted, or aided only an individual who
at the time of such action was the alien's spouse, parent,
son, or daughter (and no other individual) to enter the
United States in violation of law.
``(b) An assessment under subsection (a) shall not be
payable until the person subject to the assessment has
satisfied all outstanding court-ordered fines and orders of
restitution arising from the criminal convictions on which
the special assessment is based.
``(c) There is established in the Treasury of the United
States a fund, to be known as the `Domestic Trafficking
Victims' Fund' (referred to in this section as the `Fund'),
to be administered by the Attorney General, in consultation
with the Secretary of Homeland Security and the Secretary of
Health and Human Services.
``(d) Notwithstanding section 3302 of title 31, United
States Code, or any other law regarding the crediting of
money received for the Government, there shall be deposited
in the Fund an amount equal to the amount of the assessments
collected under this section, which shall remain available
until expended.
``(e)(1) From amounts in the Fund, and without further
appropriation, the Attorney General, in coordination with the
Secretary of Health and Human Services shall, for each of
fiscal years 2015 through 2019, use amounts available in the
Fund to award grants or enhance victims' programming under--
``(A) sections 202, 203, and 204 of the Trafficking Victims
Protection Reauthorization Act of 2005 (42 U.S.C. 14044a,
14044b, and 14044c);
``(B) subsections (b)(2) and (f) of section 107 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105);
and
``(C) section 214(b) of the Victims of Child Abuse Act of
1990 (42 U.S.C. 13002(b)).
``(2) Of the amounts in the Fund used under paragraph (1),
not less than $2,000,000 shall be used for grants to provide
services for child pornography victims under section 214(b)
of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13002(b)).
``(f)(1) Effective on the day after the date of enactment
of the Justice for Victims of Trafficking Act of 2013, on
September 30 of each fiscal year, all unobligated balances in
the Fund shall be transferred to the Crime Victims Fund
established under section 1402 of the Victims of Crime Act of
1984 (42 U.S.C. 10601).
``(2) Amounts transferred under paragraph (1)--
``(A) shall be available for any authorized purpose of the
Crime Victims Fund; and
``(B) shall remain available until expended.
``(g) The amount assessed under subsection (a) shall,
subject to subsection (b), be collected in the manner that
fines are collected in criminal cases.
``(h) The obligation to pay an assessment imposed on or
after the date of enactment of the Justice for Victims of
Trafficking Act of 2013 shall not cease until the assessment
is paid in full.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 201 of title 18, United States Code, is
amended by inserting after the item relating to section 3013
the following:
``3014. Additional special assessment.''.
SEC. 3. OFFICIAL RECOGNITION OF AMERICAN VICTIMS OF HUMAN
TRAFFICKING.
Section 107(f) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7105) is amended by adding at the end the
following:
``(4) Official recognition of american victims of human
trafficking.--
``(A) In general.--Upon receiving credible information that
establishes by a preponderance of the evidence that a covered
individual is a victim of a severe form of trafficking and at
the request of the covered individual, the Secretary of
Health and Human Services shall promptly issue a
determination that the covered individual is a victim of a
severe form of trafficking. The Secretary shall have
exclusive authority to make such a determination.
``(B) Covered individual defined.--In this subsection, the
term `covered individual' means--
``(i) a citizen of the United States; or
``(ii) an alien lawfully admitted for permanent residence
(as that term is defined in section 101(20) of the
Immigration and Nationality Act (8 U.S.C. 1101(20)).
``(C) Procedure.--For purposes of this paragraph, in
determining whether a covered individual has provided
credible information that the covered individual is a victim
of a severe form of trafficking, the Secretary of Health and
Human Services shall consider all relevant and credible
evidence, and if appropriate, consult with the Attorney
General, the Secretary of Homeland Security, or the Secretary
of Labor.
``(D) Presumptive evidence.--For purposes of this
paragraph, the following forms of evidence shall receive
deference in determining whether a covered individual has
established that the covered individual is a victim of a
severe form of trafficking:
``(i) A sworn statement by the covered individual or a
representative of the covered individual if the covered
individual is present at the time of such statement but not
able to competently make such sworn statement.
``(ii) Police, government agency, or court records or
files.
``(iii) Documentation from a social services, trafficking,
or domestic violence program, child welfare or runaway and
homeless youth program, or a legal, clinical, medical, or
other professional from whom the covered individual has
sought assistance in dealing with the crime.
``(iv) A statement from any other individual with knowledge
of the circumstances that provided the basis for the claim.
``(v) Physical evidence.
``(E) Regulations required.--Not later than 180 days after
the date of enactment of the Justice for Victims of
Trafficking Act of 2013, the Secretary of Health and Human
Services shall adopt regulations to implement this paragraph.
``(F) Rule of construction; official recognition
optional.--Nothing in this paragraph shall be construed to
require a covered individual to obtain a determination under
this paragraph in order to be defined or classified as a
victim of a severe form of trafficking under this section.''.
SEC. 4. VICTIM-CENTERED HUMAN TRAFFICKING DETERRENCE BLOCK
GRANT PROGRAM.
(a) In General.--Section 203 of the Trafficking Victims
Protection Reauthorization Act of 2005 (42 U.S.C. 14044b) is
amended to read as follows:
``SEC. 203. VICTIM-CENTERED CHILD HUMAN TRAFFICKING
DETERRENCE BLOCK GRANT PROGRAM.
``(a) Grants Authorized.--The Attorney General may make
block grants to an eligible entity to develop, improve, or
expand comprehensive domestic child human trafficking
deterrence programs that assist law enforcement officers,
prosecutors, judicial officials, and qualified victims'
services organizations in collaborating to rescue and restore
the lives of victims, while investigating and prosecuting
offenses involving child human trafficking.
``(b) Authorized Activities.--Grants awarded under
subsection (a) may be used for--
``(1) the establishment or enhancement of specialized
training programs for law enforcement officers, first
responders, health care officials, child welfare officials,
juvenile justice personnel, prosecutors, and judicial
personnel to--
``(A) identify victims and acts of child human trafficking;
``(B) address the unique needs of child victims of human
trafficking;
``(C) facilitate the rescue of child victims of human
trafficking;
``(D) investigate and prosecute acts of human trafficking,
including the soliciting, patronizing, or purchasing of
commercial sex acts from children, as well as training to
build cases against complex criminal networks involved in
child human trafficking;
``(E) use laws that prohibit acts of child human
trafficking, child sexual abuse, and child rape, and to
assist in the development of State and local laws to
prohibit, investigate, and prosecute acts of child human
trafficking; and
``(F) implement and provide education on safe harbor laws
enacted by States, aimed at preventing the criminalization
and prosecution of child sex trafficking victims for
prostitution offenses;
``(2) the establishment or enhancement of dedicated anti-
trafficking law enforcement units and task forces to
investigate child human trafficking offenses and to rescue
victims, including--
``(A) funding salaries, in whole or in part, for law
enforcement officers, including patrol officers, detectives,
and investigators, except that the percentage of the salary
of the law enforcement officer paid for by funds from a grant
awarded under this section shall not be more than the
percentage of the officer's time on duty that is dedicated to
working on cases involving child human trafficking; and
``(B) investigation expenses for cases involving child
human trafficking, including--
``(i) wire taps;
``(ii) consultants with expertise specific to cases
involving child human trafficking;
``(iii) travel; and
``(iv) other technical assistance expenditures;
``(C) dedicated anti-trafficking prosecution units,
including the funding of salaries for State and local
prosecutors, including assisting in paying trial expenses for
prosecution of child human trafficking offenders, except that
the percentage of the total salary of a State or local
prosecutor that is paid using an award under this section
shall be not more than the percentage of the total number of
hours worked by the prosecutor that is spent working on cases
involving child human trafficking;
``(D) the establishment of child human trafficking victim
witness safety, assistance, and relocation programs that
encourage cooperation with law enforcement investigations of
crimes of child human trafficking by leveraging existing
resources and delivering child human trafficking victims'
services through coordination with--
``(i) child advocacy centers;
``(ii) social service agencies;
``(iii) State governmental health service agencies;
``(iv) housing agencies;
``(v) legal services agencies; and
``(vi) non-governmental organizations and shelter service
providers with substantial experience in delivering
comprehensive services to victims of child human trafficking;
and
[[Page S8195]]
``(3) the establishment or enhancement of problem solving
court programs for trafficking victims that include--
``(A) mandatory and regular training requirements for
judicial officials involved in the administration or
operation of the court program described under this
paragraph;
``(B) continuing judicial supervision of victims of child
human trafficking who have been identified by a law
enforcement or judicial officer as a potential victim of
child human trafficking, regardless of whether the victim has
been charged with a crime related to human trafficking;
``(C) the development of a specialized and individualized,
court-ordered treatment program for identified victims of
child human trafficking, including--
``(i) State-administered outpatient treatment;
``(ii) life skills training;
``(iii) housing placement;
``(iv) vocational training;
``(v) education;
``(vi) family support services; and
``(vii) job placement;
``(D) centralized case management involving the
consolidation of all of each child human trafficking victim's
cases and offenses, and the coordination of all trafficking
victim treatment programs and social services;
``(E) regular and mandatory court appearances by the victim
during the duration of the treatment program for purposes of
ensuring compliance and effectiveness;
``(F) the ultimate dismissal of relevant non-violent
criminal charges against the victim, where such victim
successfully complies with the terms of the court-ordered
treatment program; and
``(G) collaborative efforts with child advocacy centers,
child welfare agencies, shelters, and non-governmental
organizations to provide comprehensive services to victims
and encourage cooperation with law enforcement.
``(c) Application.--
``(1) In general.--An eligible entity shall submit an
application to the Attorney General for a grant under this
section in such form and manner as the Attorney General may
require.
``(2) Required information.--An application submitted under
this subsection shall--
``(A) describe the activities for which assistance under
this section is sought;
``(B) include a detailed plan for the use of funds awarded
under the grant; and
``(C) provide such additional information and assurances as
the Attorney General determines to be necessary to ensure
compliance with the requirements of this section.
``(3) Preference.--In reviewing applications submitted in
accordance with paragraphs (1) and (2), the Attorney General
shall give preference to grant applications if--
``(A) the application includes a plan to use awarded funds
to engage in all activities described under paragraphs (1)
through (3) of subsection (b); or
``(B) the application includes a plan by the State or unit
of local government to continue funding of all activities
funded by the award after the expiration of the award.
``(d) Duration and Renewal of Award.--
``(1) In general.--A grant under this section shall expire
1 year after the date of award of the grant.
``(2) Renewal.--A grant under this section shall be
renewable not more than 3 times and for a period of not
greater than 1 year.
``(e) Evaluation.--The Attorney General shall enter into a
contract with an academic or non-profit organization that has
experience in issues related to child human trafficking and
evaluation of grant programs to conduct an annual evaluation
of grants made under this section to determine the impact and
effectiveness of programs funded with grants awarded under
this section.
``(f) Mandatory Exclusion.--An eligible entity awarded
funds under this section that is found to have used grant
funds for any unauthorized expenditure or otherwise
unallowable cost shall not be eligible for any grant funds
awarded under the block grant for 2 fiscal years following
the year in which the unauthorized expenditure or unallowable
cost is reported.
``(g) Compliance Requirement.--An eligible entity shall not
be eligible to receive a grant under this section if within
the 5 fiscal years before submitting an application for a
grant under this section, the grantee has been found to have
violated the terms or conditions of a Government grant
program by utilizing grant funds for unauthorized
expenditures or otherwise unallowable costs.
``(h) Administrative Cap.--The cost of administering the
grants authorized by this section shall not exceed 3 percent
of the total amount appropriated to carry out this section.
``(i) Federal Share.--The Federal share of the cost of a
program funded by a grant awarded under this section shall
be--
``(1) 70 percent in the first year;
``(2) 60 percent in the second year; and
``(3) 50 percent in the third year.
``(j) Authorization of Funding; Fully Offset.--For purposes
of carrying out this section, the Attorney General, in
consultation with the Secretary of Health and Human Services,
is authorized to award not more than $7,000,000 of the funds
available in the Domestic Trafficking Victims' Fund,
established under section 3014 of title 18, United States
Code, for each of fiscal years 2015 through 2019.
``(k) Definitions.--In this section--
``(1) the term `child' means a person under the age of 18;
``(2) the term `child advocacy center' means a center
created under subtitle A of the Victims of Child Abuse Act of
1990 (42 U.S.C. 13001 et seq.);
``(3) the term `child human trafficking' means 1 or more
severe forms of trafficking in persons (as defined in section
103 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102))involving a victim who is a child; and
``(4) the term `eligible entity' means a State or unit of
local government that--
``(A) has significant criminal activity involving child
human trafficking;
``(B) has demonstrated cooperation between Federal, State,
local, and, where applicable, tribal law enforcement
agencies, prosecutors, and social service providers in
addressing child human trafficking;
``(C) has developed a workable, multi-disciplinary plan to
combat child human trafficking, including--
``(i) the establishment of a shelter for victims of child
human trafficking, through existing or new facilities;
``(ii) the provision of trauma-informed, gender-responsive
rehabilitative care to victims of child human trafficking;
``(iii) the provision of specialized training for law
enforcement officers and social service providers for all
forms of human trafficking, with a focus on domestic child
human trafficking;
``(iv) prevention, deterrence, and prosecution of offenses
involving child human trafficking, including soliciting,
patronizing, or purchasing human acts with children;
``(v) cooperation or referral agreements with organizations
providing outreach or other related services to runaway and
homeless youth;
``(vi) law enforcement protocols or procedures to screen
all individuals arrested for prostitution, whether adult or
child, for victimization by sex trafficking and by other
crimes, such as sexual assault and domestic violence; and
``(vii) cooperation or referral agreements with State child
welfare agencies and child advocacy centers;
``(D) has a victim certification process for eligibility
and access to State-administered medical care to ensure that
minor victims of human trafficking who are not eligible for
interim assistance under section 107(b)(1)(F) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7105(b)(1)(F)) are granted eligibility for, and have access
to, State-administered medical care immediately upon
certification as such a victim, or as soon as practicable
thereafter but not later than the period determined by the
Assistant Attorney General in consultation with the Assistant
Secretary for Children and Families of the Department; and
``(E) provides an assurance that, under the plan under
subparagraph (C), a victim of child human trafficking shall
not be required to collaborate with law enforcement officers
to have access to any shelter or services provided with a
grant under this section.
``(l) Grant Accountability; Specialized Victims' Service
Requirement.--No grant funds under this section may be
awarded or transferred to any entity unless such entity has
demonstrated substantial experience providing services to
victims of human trafficking or related populations (such as
runaway and homeless youth), or employs staff specialized in
the treatment of human trafficking victims.''.
(b) Table of Contents.--The table of contents in section
1(b) of the Trafficking Victims Protection Reauthorization
Act of 2005 (22 U.S.C. 7101 note) is amended by striking the
item relating to section 203 and inserting the following:
``Sec. 203. Victim-centered child human trafficking deterrence block
grant program.''.
SEC. 5. DIRECT SERVICES FOR VICTIMS OF CHILD PORNOGRAPHY.
The Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et
seq.) is amended--
(1) in section 212(5) (42 U.S.C. 13001a(5)), by inserting
``, including human trafficking and the production of child
pornography'' before the semicolon at the end; and
(2) in section 214 (42 U.S.C. 13002)--
(A) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(B) by inserting after subsection (a) the following:
``(b) Direct Services for Victims of Child Pornography.--
The Administrator, in coordination with the Director and with
the Director of the Office of Victims of Crime, may make
grants to develop and implement specialized programs to
identify and provide direct services to victims of child
pornography.''.
SEC. 6. INCREASING RESTITUTION FOR TRAFFICKING VICTIMS.
(a) Title 18 Amendments.--Section 1594 of title 18, United
States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``that was used or'' and inserting ``that
was involved in, used, or'';
(ii) by inserting ``or any property traceable to such
property'' after ``such violation''; and
(iii) in paragraph (2), by inserting ``, or any property
traceable to such property'' after ``such violation''; and
(B) in subsection (e)(1)(A)--
(i) by striking ``Any property, real or personal, used or''
and inserting ``Any property, real or personal, involved in,
used, or''; and
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(ii) by inserting ``, or any property traceable to such
property'' after ``any violation of this chapter'';
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting after subsection (e) the following:
``(f) Notwithstanding any other provision of law, the
Attorney General shall transfer assets forfeited pursuant to
this section, or the proceeds derived from the sale thereof,
to satisfy victim restitution orders arising from violations
of this chapter. Such transfers shall have priority over any
other claims to the assets or their proceeds.''.
(b) Title 28 Amendment.--Section 524(c)(1)(B) of title 28,
United States Code, is amended by inserting ``chapter 77 of
title 18,'' after ``criminal drug laws of the United States
or of''.
(c) Title 31 Amendment.--Section 9703(a)(2)(B) of title 31,
United States Code, (relating to the Department of the
Treasury Forfeiture Fund) is amended--
(1) in clause (iii)(III), by striking ``and'' at the end;
(2) in clause (iv), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (iv) the following:
``(v) the United States Immigration and Customs Enforcement
with respect to a violation of chapter 77 of title 18
(relating to human trafficking).''.
SEC. 7. STREAMLINING STATE AND LOCAL HUMAN TRAFFICKING
INVESTIGATIONS.
Section 2516(2) of title 18, United States Code, is amended
by inserting ``human trafficking, child sexual exploitation,
child pornography production,'' after ``kidnapping,''.
SEC. 8. FIGHTING COMPLEX CRIMINAL ENTERPRISES ENGAGED IN
HUMAN TRAFFICKING.
(a) In General.--Chapter 96 of title 18, United States
Code, is amended by adding at the end the following:
``SEC. 1969. AGGRAVATED HUMAN TRAFFICKING RACKETEERING.
``(a) Definitions.--In this section--
``(1) the term `aggravated human-trafficking racketeering
activity' means any activity that--
``(A) is a racketeering activity (as defined in section
1961(1)); and
``(B) includes--
``(i) any act or threat involving murder, kidnapping, human
trafficking, sexual exploitation, coerced prostitution, or
the production of child pornography, which is chargeable
under State law and punishable by imprisonment for more than
1 year (as amended or revised as of the date on which the
activity occurred or, in the instance of a continuing
offense, the date on which the charges under this section are
filed in a particular matter); or
``(ii) any act that is indictable under (as amended or
revised as of the date on which the activity occurred or, in
the instance of a continuing offense, the date on which
charges under this section are filed in a particular
matter)--
``(I) sections 1581 through 1592 (relating to peonage,
slavery, and trafficking in persons);
``(II) section 1958 (relating to use of interstate commerce
facilities in the commission of murder-for-hire);
``(III) section 1959 (relating to violent crimes in aid of
racketeering);
``(IV) section 2251, 2251A, 2252, or 2260 (relating to
sexual exploitation of children); or
``(V) sections 2421 through 2424 (relating to slave
traffic); and
``(2) the term `enterprise' has the meaning given the term
in section 1961.
``(b) Prohibited Activities.--It shall be unlawful for any
person to participate, directly or indirectly, in or relating
to the affairs of any enterprise engaged in, or the
activities of which affect, interstate or foreign commerce,
if--
``(1)(A) such participation within the enterprise includes
committing or causing to be committed 2 or more acts of
aggravated human-trafficking racketeering activity in or
relating to the affairs of the enterprise; or
``(B) such participation within the enterprise includes any
act of participation with the intention that some known or
unknown participant or participants within the enterprise
would commit, or would cause to be committed, individually or
collectively, 2 or more acts of aggravated human-trafficking
racketeering activity in or relating to the affairs of the
enterprise.
``(c) Conspiracy.--It shall be unlawful for any person to
conspire to violate subsection (b).
``(d) Criminal Penalties.--
``(1) In general.--Whoever violates this section shall be
punished in accordance with section 1963.
``(2) Clarification of punishable offenses.--Any person
prosecuted under this section may be both convicted and
sentenced in any court of competent jurisdiction for any
combination of the following:
``(A) The offense of conspiring to violate this section,
and for any other particular offense or offenses that may be
an object of the conspiracy.
``(B) Any violation of this section.
``(C) Any aggravated human-trafficking racketeering
activity.''.
(b) Penalties.--Section 1963 of title 18, United States
Code, is amended by inserting ``or section 1969'' after
``section 1962'' each place it appears.
(c) Violent Crimes in Aid of Racketeering.--Section 1959 of
title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``or aggravated human-trafficking
racketeering activity'' before ``, or for the purpose''; and
(B) by striking ``murders, kidnaps, maims'' and inserting
``aggravated human trafficking racketeering activity,
murders, kidnaps, human trafficking, sexual exploitation,
coerced prostitution, maims''; and
(2) in subsection (b)--
(A) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(B) by inserting before paragraph (2), as redesignated, the
following:
``(1) `aggravated human-trafficking racketeering activity'
has the meaning given the term in section 1969;''.
(d) Table of Sections.--The table of sections for chapter
96 of title 18, United States Code, is amended by inserting
after the item relating to section 1968 the following:
``1969. Aggravated human trafficking racketeering.''.
SEC. 9. ENHANCING HUMAN TRAFFICKING REPORTING.
(a) In General.--Section 505 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755)
is amended by adding at the end the following:
``(i) Part 1 Violent Crimes to Include Human Trafficking.--
For purposes of this section, the term `part 1 violent
crimes' shall include severe forms of trafficking in persons,
as defined in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102).''.
(b) Crime Control Act Amendments.--Section 3702 of the
Crime Control Act of 1990 (42 U.S.C. 5780) is amended--
(1) in paragraph (2), by striking ``and'' at the end; and
(2) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by striking
``paragraph (2)'' and inserting ``paragraph (3)'';
(B) in subparagraph (A), by inserting ``and a photograph
taken within the previous 180 days'' after ``dental
records'';
(C) in subparagraph (B), by striking ``and'' at the end;
(D) by redesignating subparagraph (C) as subparagraph (D);
and
(E) by inserting after subparagraph (B) the following:
``(C) notify the National Center for Missing and Exploited
Children of each report received relating to a child reported
missing from a foster care family home or childcare
institution; and''.
SEC. 10. REDUCING DEMAND FOR SEX TRAFFICKING.
(a) In General.--Section 1591 of title 18, United States
Code, is amended--
(1) in subsection (a)(1), by striking ``or maintains'' and
inserting ``maintains, patronizes, or solicits'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``or obtained'' and
inserting ``obtained, patronized, or solicited''; and
(B) in paragraph (2), by striking ``or obtained'' and
inserting ``obtained, patronized, or solicited''; and
(3) in subsection (c)--
(A) by striking ``or maintained'' and inserting ``,
maintained, patronized, or solicited''; and
(B) by striking ``knew that the person'' and inserting
``knew, or recklessly disregarded the fact, that the
person''.
(b) Definition Amended.--Section 103(10) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102(10)) is
amended by striking ``or obtaining'' and inserting
``obtaining, patronizing, or soliciting''.
SEC. 11. USING EXISTING TASK FORCES TO TARGET OFFENDERS WHO
EXPLOIT CHILDREN.
Not later than 180 days after the date of enactment of this
Act, the Attorney General shall ensure that all task forces
and working groups within the Innocence Lost National
Initiative engage in activities, programs, or operations to
increase the investigative capabilities of State and local
law enforcement officers in the detection, investigation, and
prosecution of persons who patronize, or solicit children for
sex.
SEC. 12. ENHANCED PENALTIES FOR HUMAN TRAFFICKING, CHILD
EXPLOITATION, AND REPEAT OFFENDERS.
Part 1 of title 18, United States Code, is amended--
(1) in chapter 77--
(A) in section 1583(a), in the flush text following
paragraph (3), by striking ``not more than 20 years'' and
inserting ``not more than 30 years'';
(B) in section 1587, by striking ``four years'' and
inserting ``10 years''; and
(C) in section 1591(d), by striking ``20 years'' and
inserting ``25 years''; and
(2) in section 2426(a), by striking ``twice'' and inserting
``3 times''.
SEC. 13. HOLDING SEX TRAFFICKERS ACCOUNTABLE.
Section 2423(g) of title 18, United States Code, is amended
by striking ``a preponderance of the evidence'' and inserting
``clear and convincing evidence''.
SEC. 14. COMBATING SEX TOURISM.
Section 2423 of title 18, United States Code is amended--
(1) in subsection (b), by striking ``for the purpose'' and
inserting ``with a motivating purpose of''; and
(2) in subsection (d), by striking ``for the purpose of
engaging'' and inserting ``with a motivating purpose of
engaging''.
SEC. 15. GRANT ACCOUNTABILITY.
(a) Definition.--In this section, the term ``covered
grant'' means a grant awarded by
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the Attorney General under section 203 of the Trafficking
Victims Protection Reauthorization Act (42 U.S.C. 14044b).
(b) Accountability.--All covered grants 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
covered grants 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.
(C) Mandatory exclusion.--A recipient of a covered grant
that is found to have an unresolved audit finding shall not
be eligible to receive a covered grant during the first 2
fiscal years beginning after the end of the 12-month period
described in subparagraph (A).
(D) Priority.--In awarding covered grants, 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 covered grant.
(E) Reimbursement.--If an entity is awarded a covered grant
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 covered
grants, the term ``nonprofit organization'' means an
organization that is described in section 501(c)(3) of the
Internal Revenue Code of 1986 and is exempt from taxation
under section 501(a) of such Code.
(B) Prohibition.--The Attorney General may not award a
covered grant to a nonprofit organization that holds money in
offshore accounts for the purpose of avoiding paying the tax
described in section 511(a) of the Internal Revenue Code of
1986.
(C) Disclosure.--Each nonprofit organization that is
awarded a covered grant and uses the procedures prescribed in
regulations to create a rebuttable presumption of
reasonableness for the compensation of its officers,
directors, trustees, and key employees, shall disclose to the
Attorney General, in the application for the grant, the
process for determining such compensation, including the
independent persons involved in reviewing and approving such
compensation, the comparability data used, and
contemporaneous substantiation of the deliberation and
decision. Upon request, the Attorney General shall make the
information disclosed under this subparagraph available for
public inspection.
(3) Conference expenditures.--
(A) Limitation.--No amounts authorized to be appropriated
to the Department of Justice under this Act may be used by
the Attorney General, or by any individual or entity awarded
discretionary funds through a cooperative agreement under
this Act or an Act amended by this Act, 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.
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