[Congressional Record Volume 161, Number 59 (Wednesday, April 22, 2015)]
[Senate]
[Pages S2319-S2348]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
JUSTICE FOR VICTIMS OF TRAFFICKING ACT OF 2015--Continued
The PRESIDING OFFICER. The Senator from Vermont.
Mr. LEAHY. Mr. President, I understand there are 4 more minutes on
this side. Am I correct?
The PRESIDING OFFICER. There are 2\1/2\ minutes of debate remaining
on the Democratic side.
Mr. LEAHY. Mr. President, I yield back our time.
Vote on Amendment No. 301
The PRESIDING OFFICER. All time having been yielded back, under the
previous order, the question is on agreeing to amendment No. 301,
offered by the Senator from Vermont, Mr. Leahy.
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 clerk will call the roll.
The senior assistant legislative clerk called the roll.
Mr. CORNYN. The following Senators are necessarily absent: the
Senator from Texas (Mr. Cruz) and the Senator from Florida (Mr. Rubio).
The PRESIDING OFFICER (Mr. Sullivan). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 43, nays 55, as follows:
[Rollcall Vote No. 156 Leg.]
YEAS--43
Baldwin
Bennet
Blumenthal
Booker
Boxer
Brown
Cantwell
Cardin
Carper
Coons
Durbin
Feinstein
Franken
Gillibrand
Heinrich
Heitkamp
Hirono
Kaine
King
Klobuchar
Leahy
Markey
McCaskill
Menendez
Merkley
Mikulski
Murphy
Murray
Nelson
Peters
Reed
Reid
Sanders
Schatz
Schumer
Shaheen
Stabenow
Tester
Udall
Warner
Warren
Whitehouse
Wyden
NAYS--55
Alexander
Ayotte
Barrasso
Blunt
Boozman
Burr
Capito
Casey
Cassidy
Coats
Cochran
Collins
Corker
Cornyn
Cotton
Crapo
Daines
Donnelly
Enzi
Ernst
Fischer
[[Page S2320]]
Flake
Gardner
Graham
Grassley
Hatch
Heller
Hoeven
Inhofe
Isakson
Johnson
Kirk
Lankford
Lee
Manchin
McCain
McConnell
Moran
Murkowski
Paul
Perdue
Portman
Risch
Roberts
Rounds
Sasse
Scott
Sessions
Shelby
Sullivan
Thune
Tillis
Toomey
Vitter
Wicker
NOT VOTING--2
Cruz
Rubio
The PRESIDING OFFICER. Under the previous order requiring 60 votes
for the adoption of this amendment, the amendment is rejected.
Vote on Amendment No. 1124
The PRESIDING OFFICER. Under the previous order, the question is on
agreeing to amendment No. 1124, offered by the Senator from Texas, Mr.
Cornyn.
Mr. CORNYN. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. CORNYN. The following Senators are necessarily absent: the
Senator from Texas (Mr. Cruz) and the Senator from Florida (Mr. Rubio).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 98, nays 0, as follows:
[Rollcall Vote No. 157 Leg.]
YEAS--98
Alexander
Ayotte
Baldwin
Barrasso
Bennet
Blumenthal
Blunt
Booker
Boozman
Boxer
Brown
Burr
Cantwell
Capito
Cardin
Carper
Casey
Cassidy
Coats
Cochran
Collins
Coons
Corker
Cornyn
Cotton
Crapo
Daines
Donnelly
Durbin
Enzi
Ernst
Feinstein
Fischer
Flake
Franken
Gardner
Gillibrand
Graham
Grassley
Hatch
Heinrich
Heitkamp
Heller
Hirono
Hoeven
Inhofe
Isakson
Johnson
Kaine
King
Kirk
Klobuchar
Lankford
Leahy
Lee
Manchin
Markey
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Moran
Murkowski
Murphy
Murray
Nelson
Paul
Perdue
Peters
Portman
Reed
Reid
Risch
Roberts
Rounds
Sanders
Sasse
Schatz
Schumer
Scott
Sessions
Shaheen
Shelby
Stabenow
Sullivan
Tester
Thune
Tillis
Toomey
Udall
Vitter
Warner
Warren
Whitehouse
Wicker
Wyden
NOT VOTING--2
Cruz
Rubio
The PRESIDING OFFICER. Under the previous order requiring 60 votes
for the adoption of this amendment, the amendment is agreed to.
The Senator from North Carolina.
Mr. BURR. Mr. President, I rise to propound a unanimous consent
request to call up an amendment, speak briefly, and then be followed by
Senator Sanders.
The PRESIDING OFFICER. Without objection, it is so ordered.
Under the previous order, the time until 2 p.m. is equally divided in
the usual form.
Amendment No. 1121
Mr. BURR. Mr. President, I call up amendment No. 1121.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from North Carolina [Mr. Burr] proposes an
amendment numbered 1121.
Mr. BURR. 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:
(Purpose: To require the Secretary of Defense to inform the Attorney
General of persons required to register as sex offenders)
At the end, add the following:
TITLE __--MILITARY SEX OFFENDER REPORTING
SEC. ___. SHORT TITLE.
This title may be cited as the ``Military Sex Offender
Reporting Act of 2015''.
SEC. ___. REGISTRATION OF SEX OFFENDERS RELEASED FROM
MILITARY CORRECTIONS FACILITIES OR UPON
CONVICTION.
(a) In General.--The Sex Offender Registration and
Notification Act is amended by inserting after section 128
(42 U.S.C. 16928) the following:
``SEC. 128A. REGISTRATION OF SEX OFFENDERS RELEASED FROM
MILITARY CORRECTIONS FACILITIES OR UPON
CONVICTION.
``The Secretary of Defense shall provide to the Attorney
General the information described in section 114 to be
included in the National Sex Offender Registry and the Dru
Sjodin National Sex Offender Public Website regarding
persons--
``(1)(A) released from military corrections facilities; or
``(B) convicted if the sentences adjudged by courts-martial
under chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice), do not include confinement; and
``(2) required to register under this title.''.
(b) Technical and Conforming Amendment.--The table of
contents of the Adam Walsh Child Protection and Safety Act is
amended by inserting after the item relating to section 128
the following:
``Sec. 128A. Registration of sex offenders released from military
corrections facilities or upon conviction.''.
Mr. BURR. Mr. President, I wish to speak very briefly on an amendment
the Senate will have an opportunity to vote on this afternoon.
Due to the way the Sex Offender Registration and Notification Act is
currently written, there is a problem with tracking sex offenders
convicted in a military justice system. Some of these offenders are
exploiting the cracks in that system.
My amendment is, quite honestly, a fix to the problem and will help
authorities and the public better track sex offenders in our
communities.
To explain, currently, military sex offenders are only required to
self-report to a State government after they are released from a
military correctional facility.
Under the civilian justice system, sex offenders are registered in
the State before they are released. The State then provides the
information to the Department of Justice to be included in both the
public and the private National Sex Offender Registry, which is where
the average citizen can go and see if there is a sex offender in their
neighborhood.
A Department of Defense inspector general report issued in August of
last year revealed that an estimated 242 of the 1,312 released sex
offenders failed to self-report.
In that inspector general's report, they said:
The lack of jurisdiction for DOD to register military sex
offenders with the National Sex Offender Registry enables
military sex offenders released from military prisons to
evade sex offender registration requirements.
I am not sure it can be put any plainer than that.
The Department of Defense tried to correct the problem by working
with State authorities and the U.S. Marshals, but underreporting
continues today.
Differences in State laws in military reporting procedures enables
some criminals to totally evade reporting and detection.
A recent Scripps news report revealed grim examples of the
consequences of these cracks in the system.
Consider the recent case of Matthew Carr. The military convicted
Matthew Carr for posing as a gynecologist. He preyed on seven women.
After spending 7 years incarcerated, he evaded registration upon his
release. He assaulted another woman before being apprehended by
civilian authorities. This assault was preventable in that community,
but the DOD wasn't required to post him as a sex offender.
In another case, a former officer served 5 years for sexually
assaulting 3 minors in the cruelest way possible. He evaded
registration, and Scripps located this individual living within a mile
of a school. It is scary, a pedophile living next to a school--and no
one knew he was there.
This amendment requires the Department of Defense to communicate a
criminal's information directly to the Attorney General to improve
tracking and public notification.
My amendment is based upon a bipartisan bill, S. 409, that I
introduced with the support of Senator McCaskill. That bill already has
the support of 15 of our colleagues: Senators Ayotte, Blunt, Cornyn,
Cotton, Crapo, Fischer, Rubio, Sessions, Tillis, Toomey, Feinstein,
King, Mikulski, and Nelson.
My amendment costs taxpayers nothing, and it is a commonsense
solution to a real problem that exists.
I encourage my colleagues this afternoon, when we have an opportunity
to
[[Page S2321]]
get back into votes, that they support amendment No. 1121.
I yield the floor to my colleague.
The PRESIDING OFFICER. The Senator from Vermont.
Trans-Pacific Partnership
Mr. SANDERS. Mr. President, I objected to the unanimous consent
request to waive rule XXVI to allow the Finance Committee to pass a
fast-track bill because I think it is time we slowed down fast-track.
This trade agreement, I think everybody acknowledges, is of enormous
consequence to working people all over this country. We need more
transparency. We need to know what is in this legislation, and we need
to involve the American people in this discussion.
I must say I am extremely disappointed that on a piece of legislation
which involves 40 percent of the world's economy, that is the largest
trade agreement in the history of the United States of America, much of
the major media has virtually ignored this issue.
Now, you may be for the agreement, you may be against the agreement.
I am strongly against it--and I will tell you why in a moment, but I
would hope we could all agree this is an enormously important issue
that deserves significant discussion on the part of the American people
and their elected representatives.
I find it incomprehensible that, to the best of my knowledge, ABC--
the ABC television network--has had zero coverage of the Trans-Pacific
Partnership, zero; CBS television, zero coverage; NBC, zero coverage.
PBS has had three mentions of the TPP. CNN has had zero coverage, FOX
television has had four mentions, and MSNBC--mostly because of the
excellent work of Ed Schultz--has covered it on 33 occasions, and all
of this since January of 2015.
So here we are engaged in a discussion--some people are for it and
some people are against it--but how do the American people know what is
going on if the major networks are virtually blocking out any serious
discussion, any mention of the agreement?
Supporters of the fast-track bill have told us over and over again
that unfettered free trade will increase American jobs and increase
American wages, but they have been proven dead wrong every single time
we have had a trade agreement. In other words, we hear the same
rhetoric: vote for NAFTA, vote for CAFTA, vote for the free-trade
agreement with China. It is going to increase jobs in America, improve
life for the middle class. Yet every single time the rhetoric around
these past trade agreements has been proven to be dead wrong.
I was in the House of Representatives in 1993 and 1994 during the
debate over NAFTA, the North American Free Trade Agreement. I remember
all of those people who supported that agreement telling us how NAFTA
was going to open the Mexican economy for products made in the United
States of America and how it was going to create all kinds of good-
paying jobs in this country.
On September 19, 1993, President Bill Clinton said the following:
I believe that NAFTA will create 200,000 American jobs in
the first two years of its effect. . . . I believe that NAFTA
will create a million jobs in the first five years of its
impact.
That was President Bill Clinton, who strongly supported that
agreement.
But it wasn't only President Clinton who made those claims. The
Heritage Foundation, one of the most conservative think tanks in this
country, said in 1993: ``Virtually all economists agree that NAFTA will
produce a net increase of U.S. jobs over the next decade.'' That is
from the Heritage Foundation, a conservative think tank.
Further, during the debate over NAFTA and the Senate in 1993, the
distinguished Senator from Kentucky, Mitch McConnell, who is now the
majority leader, said: American firms will not move to Mexico just for
lower wages.
That was Senator McConnell. Virtually every major newspaper in
America had editorials saying: Support NAFTA--the Washington Post, New
York Times, Wall Street Journal. Support NAFTA; it is good for the
American worker.
Well, it turns out that NAFTA, which, of course, was supported by
every major corporation in America, supported by Wall Street, supported
by all of the Big Money interests--well, it turns out that all of those
projections regarding NAFTA turned out to be dead wrong.
According to the well-respected economists at the Economic Policy
Institute, NAFTA has led to the loss of more than 680,000 jobs--not the
creation of 1 million jobs, the loss of 680,000 American jobs.
In 1993, the year before NAFTA was implemented, the United States had
a trade surplus with Mexico of more than $1.6 billion. Last year, the
trade deficit with Mexico was $53 billion.
I quote what the Economic Policy Institute says about NAFTA:
[President] Clinton and his collaborators promised [NAFTA]
would bring ``good-paying American jobs,'' a rising trade
surplus with Mexico, and a dramatic reduction in illegal
immigration. Instead, NAFTA directly cost the United States a
net loss of 700,000 jobs. The [trade] surplus with Mexico
turned into a chronic deficit. And the economic dislocation
in Mexico increased the flow of undocumented workers into the
United States.
Further, I quote an article that appeared in the New York Times
yesterday:
Mexico has become the most attractive place in North
America to build new automobile factories, a shift that has
siphoned jobs from the U.S. and Canada. . . . In the past two
years, eight automakers have opened or announced new plants
or expansions in Mexico. . . . Low labor costs and fewer
tariffs are the swing factors.
That was the New York Times yesterday. In other words, despite all of
the rhetoric about how this unfettered free-trade agreement with Mexico
was going to create jobs in this country, it turned out--not too
surprisingly, I voted against NAFTA--to be exactly the opposite. Those
people who told us how great the agreement was going to be were dead
wrong.
Why were they wrong? Well, for obvious reasons. When you have workers
in low-wage countries, people who are prepared to work for 50 cents an
hour, $1 an hour, $2 an hour, it doesn't take a Ph.D. in economics to
figure out that corporations will shut down in America, move to those
countries, pay workers pennies an hour--not have to worry about
environmental regulations, not have to worry about, in some cases,
trade unions. You don't have to worry about that stuff.
So what would American corporations do? Of course they would go to
those countries. That is exactly what they have done.
I talked for a moment about NAFTA. What about permanent normal trade
relations with China? I don't think I have to elaborate on the fact
that when Americans go shopping and they walk into a department store--
just look at the labels. Look at where the products are manufactured.
Time after time, the products come from China, China, and China.
As unbelievable as it may sound, back in 1999 and 2000, we were
told--this is again what we were told--that permanent normal trade
relations with China would open up the huge Chinese market to all kinds
of American-made products. The argument was, look, China is the largest
country in the world. If we can just have an unfettered free-trade
agreement with them, think about all the products manufactured in
America that would be sold to the huge population in China.
That was the argument. I think it is important for the American
people to hear what the supporters of permanent normal trade relations
with China--free trade with China--had to say back then and whether
those arguments turned out to be right. In other words, if we are going
to look at TPP today and hear what people are saying now, it is
important to hear what people said about these other free trade
agreements back then.
Here is what President Bill Clinton said about PNTR with China back
in 1999:
In opening the economy of China, the agreement will create
unprecedented opportunities for American farmers, workers and
companies to compete successfully in China's market . . .
This is a hundred-to-nothing deal for America when it comes
to the economic consequences.
That was President Bill Clinton.
In addition, this is what the conservative economists at the Cato
Institute--a very conservative think tank--wrote back in 1999:
The silliest argument against PNTR is that Chinese imports
would overwhelm U.S. industry. In fact, American workers are
far
[[Page S2322]]
more productive than their Chinese counterparts . . . PNTR
would create far more export opportunities for American than
Chinese concerns.
In other words, we had a liberal President, President Clinton, saying
PNTR--free trade--with China would open up great economic opportunities
in America, create new jobs, and raise wages. We had a conservative
think tank say exactly the same thing. We had all of corporate America,
all of Wall Street, all of the big-money interests saying: Oh boy, what
a great opportunity for the United States. We can create all these
jobs.
Well, were they right or were they wrong? I think everybody knows--
the facts are pretty clear--they were, once again, not wrong, they were
dead wrong. The Economic Policy Institute estimated that PNTR with
China has led to the net loss of over 2.7 million American jobs. The
trade deficit with China has increased from $83 billion back in 2001 to
a recordbreaking $342 billion in 2014. I note that my Republican
colleagues often talk about our national deficit, which is an important
issue, but I don't hear much discussion about our huge trade deficit,
especially with China, which was at $342 billion in 2014.
After all of the talk on the floor of the Senate and the floor of the
House, after all of the editorials written in the major newspapers
throughout our country, after all of the discussion and expositions of
Wall Street and the big-money interests, it turned out that the trade
agreement with China was an unmitigated disaster for American workers.
PNTR was passed in the year 2000. A couple of years later--and this
kind of tells you everything you need to know about unfettered free
trade--Jeffrey Immelt, the CEO of General Electric, one of our large
corporations, was quoted on this subject at an investor meeting 1 year
after China was admitted to the World Trade Organization, and this is
what Mr. Immelt said:
When I am talking to GE managers, I talk China, China,
China, China, China. You need to be there. You need to change
the way people talk about it and how they get there. I am a
nut on China. Outsourcing from China is going to grow to $5
billion. We are building a tech center in China. Every
discussion today has to center on China. The cost basis is
extremely attractive. You can take an 18 cubic foot
refrigerator, make it in China, land it in the United States,
and land it for less than we can make an 18 cubic foot
refrigerator today ourselves.
What Mr. Immelt was saying is what virtually every major corporation
CEO was thinking, and it is not hard to understand why. In China, wages
are very, very low. Environmental regulations are almost nonexistent.
It is hard to find a trade union to negotiate for workers. Why wouldn't
a company shut down in America and run to China? And that is exactly,
of course, what they have done.
Before PNTR with China passed, the U.S. Chamber of Commerce told us
it would create jobs. But just a few years later, on July 1, 2004, the
Associated Press ran an article with the headline ``Chamber of Commerce
leader advocates offshoring of jobs.'' The article quotes Thomas
Donohue, the president and CEO, who, by the way, just yesterday was
before the Senate Committee on Finance advocating for the Trans-Pacific
Partnership. This is what the AP article said back in 2004:
Mr. Donohue urged American companies to send jobs overseas
as a way to boost American competitiveness . . . Donohue said
that exporting high-paid tech jobs to low-cost countries such
as India, China and Russia saves companies money.
So the dirty secret is that of course these guys like these free-
trade agreements--not because they are going to create jobs in America.
No one seriously believes that. When they are honest about it, they
understand and they say that if companies shut down plants in America,
throw millions of people onto the streets in this country and move
abroad--when they do that, their profits go up. And they are right. I
give them credit for that. That is right. That is what unfettered free
trade has meant in this country.
And on and on it goes. It is not just Mr. Immelt, the head of General
Electric; it is not just Mr. Donohue, the head of the chamber of
commerce; it is major corporation after major corporation. It is Wall
Street. It is all of the moneyed interests. Before the agreement, they
tell us as part of the discussion how many good jobs NAFTA is going to
create, how many good jobs free trade with China will create, how many
good jobs the Korean trade agreement will create. After the agreement,
word comes out: Hey, this is a good opportunity. Shut down in America,
go abroad, pay people pennies an hour, and bring your products back
into this country.
In 2011, we were told we just had to pass the South Korea Free Trade
Agreement because of all the jobs it would create. Same arguments--
another free-trade agreement that is going to be great for the American
worker. The U.S. Chamber of Commerce told us this free-trade agreement
could create some 280,000 jobs in America. Instead, the South Korea
Free Trade Agreement has led to the loss of some 60,000 jobs and the
trade deficit with our country has gone from $16.6 billion in 2012 to
$25 billion in 2014.
Now the administration, Wall Street, and the largest corporations in
this country are saying: Trust us. Forget about everything we said
about all of these other trade agreements. Yeah, maybe we were wrong on
NAFTA. Maybe we were wrong on CAFTA. Maybe we were wrong on the China
Free Trade Agreement. Maybe we were wrong on the South Korea Free Trade
Agreement. But trust us, on the Trans-Pacific Partnership, it is
different. This one really, really, really--cross our fingers--really
is going to be different.
This one will support about, they say, some 650,000 American jobs.
You know, it is one thing to be fooled once. It is another thing to be
fooled twice. It is another thing to be fooled three times. But there
comes a point where the American people are catching on that one of the
reasons why the middle class of this country is disappearing, one of
the reasons why most or many of the new jobs being created are low wage
and part time, one of the reasons why real inflation-accounted-for
wages for American workers has plummeted is because of these disastrous
free-trade agreements. So you can fool me once. You can fool me twice.
Maybe I am dumb and you can fool me three times. But there does come a
limit to how many times you think you can fool the American people.
When we talk about why the middle class of this country has been in
decline for the last 40 years, one of the important reasons is that
since 2001 we have lost nearly 60,000 factories in this country. Over
that same time period, we have lost over 4.7 million manufacturing
jobs. In 1970, 25 percent of all jobs in the United States were
manufacturing jobs. Today, that number is just 9 percent. In January of
2001, there were 17.1 million manufacturing workers in this country.
Today, there are only 12.3 million manufacturing workers.
In my small State of Vermont, we have lost 34 percent of our
manufacturing jobs over the past 14 years. In January of 2001, Vermont
had 47,000 factory jobs. Last February, it was down to 30,700. And that
is true for virtually every State in this country.
Why is this significant? It is significant because historically
manufacturing jobs paid the highest wages available to blue-collar
workers. If you had a job at a manufacturing plant, if you had a union,
the likelihood was that you would earn decent wages, have decent
benefits, and you could actually support your family. You earned the
wages that enabled you to take good care of your family. With the
decline of manufacturing, what has happened is we have seen a huge
increase in service industry jobs--McDonald's, Walmart--where wages are
low, benefits are nil, and American workers who work there are having a
hard time surviving economically. Manufacturing goes down, people lose
their jobs, wages go down, and new jobs are being created that pay
significantly less than the jobs people used to have.
The fact is that TPP is just a new and easy way for corporations to
ship jobs overseas and force Americans to compete with low-wage workers
in Vietnam and other countries. The minimum wage in Vietnam is 56 cents
an hour. What this trade agreement says to American workers is, you are
now competing against people who in some cases will be working for 56
cents an hour. I think that is grossly unfair. We should not force
American workers into a race to the bottom.
[[Page S2323]]
Let's be clear. The TPP is much more than a free-trade agreement; it
is part of a global race to the bottom to boost the profits of large,
multinational corporations and Wall Street by outsourcing jobs,
undercutting workers' rights, dismantling labor, environmental, health,
food safety, and financial laws, and allowing corporations to challenge
our laws in international tribunals rather than our own court system.
The TPP is poised to be the largest free-trade agreement in history,
encompassing 12 nations that account for roughly 40 percent of the
global economy. That is why it has been referred to as ``NAFTA on
steroids.''
Incredibly, while Wall Street, the pharmaceutical industry, and major
media companies have full knowledge as to what is in this treaty, the
American people and Members of Congress do not. They have been locked
out of the process. While the full text of the TPP has not been made
public, there have been some leaks of what is included in it, and what
I have seen is very disturbing.
It has been estimated by outside experts that the United States would
lose more than 130,000 jobs to Vietnam and Japan alone if the TPP goes
into effect. But that is just the tip of the iceberg. At a time when
corporations have already outsourced over 3 million service sector jobs
that were in the United States, the TPP includes rules that will make
it even easier for corporate America to outsource call centers,
computer programming, engineering, accounting, and medical diagnostic
jobs. So these are not just manufacturing jobs; these are all kinds of
other jobs which, if they can be done cheaper in other countries, will
be sent there.
Under TPP, Vietnamese companies would be able to compete with
American companies for Federal contracts funded by U.S. taxpayers,
undermining American laws. The TPP will undermine U.S. sovereignty by
giving foreign corporations the right to challenge any law in this
country that threatens their expected future profits before
international tribunals. In other words, if we pass an increase in the
minimum wage, under the TPP, Vietnamese companies that invest in
America could sue the United States in an international court full of
corporate lawyers if they believe it will hurt their profits. By the
way, that is what this whole agreement is about--maximizing the
investment profits of corporations from the United States and all over
the world.
If localities--local governments, state governments, federal
governments--stand up and say: You know what, we want to protect
health, and we want to protect the environment--if that impinges on the
future profits of the corporation, it can take legal action against
that local, state, or federal agency. That may sound kind of crazy, but
that is exactly what has already happened in Egypt after it signed a
free-trade agreement with France. In 2012, a French utility company
sued Egypt in an international tribunal for 82 million euros. And what
was Egypt's crime? For what were they being sued? They were being sued
because they had increased their minimum wage, among other things. The
French company saw raising the minimum wage for Egyptian workers--which
is very low--as an impingement on their ability to make profits.
Further, large pharmaceutical companies are working hard to ensure
that the TPP extends the monopolies for their prescription drugs by
extending patents that already can last for 20 years or more. Doctors
Without Borders--a heroic organization of doctors who go to some of the
most difficult, the poorest, the most dangerous parts of this world to
treat people who desperately need medical care--they are very brave
people. They wrote that ``the TPP agreement is on track to become the
most harmful trade pact ever for access to medicines in developing
countries.'' In other words, what the big pharmaceutical industry wants
is for countries all over the world to have to pay top dollar for
prescription drugs. They want to be able to maintain their patents for
as long as possible and prevent those drugs from going generic, where
the prices would be significantly lower. The problem is that people in
poor countries cannot pay a lot of money for their prescription drugs.
So if this agreement goes through and the pharmaceutical industry can
force poor countries to pay high prices for prescription drugs, people
will suffer and people will die.
After one disastrous trade agreement after another, I think it is
time for the American people and their elected officials to reassess
how we do trade in America. It is time to say we need trade agreements
that work for working people in this country and not just trade
agreements that work for the CEOs of large, multinational corporations.
It is time to say to corporate America: If you want us to purchase your
products, it is time you started manufacturing those products here in
the United States and not in low-wage countries all over the world.
The evidence is overwhelming. For decades, our trade policies have
been responsible for lowering the standard of living of tens of
millions of Americans. People today all over this country are working
longer hours for lower wages. Most of the new jobs being created are
low-wage jobs, and many of them are part-time jobs.
We need to rebuild our manufacturing sector. To do that, we need a
fundamental revision in our trade policies. NAFTA has failed. CAFTA has
failed. Permanent normal trade relations with China has failed. The
Korea trade agreement has failed. It is basically insane to keep going
with the same type of trade policy that has failed and failed and
failed.
I hope very much that here in the Senate and in the House we can
defeat this TPP and come back to the table and develop a trade
agreement that works for American workers, works for people all over
the world, and not continue these disastrous trade agreements.
I yield the floor.
The PRESIDING OFFICER (Mrs. Ernst). The Senator from Montana.
Mr. DAINES. Madam President, I am glad that today the Senate will
take the long-overdue step forward and approve the Justice for Victims
of Trafficking Act--bipartisan legislation that I am proud to be a
cosponsor of that will help victims of human trafficking.
Montanans know firsthand the immeasurable damage human trafficking
has inflicted on our communities, our schools, and, most of all, the
victims of these horrific crimes. We also know the importance of coming
together to support the victims of this modern-day slavery.
Too often, victims of human trafficking are underserved and fail to
get the resources they so desperately need. This important bill will
provide our law enforcement officials and the communities with the
necessary tools to help lift these innocent victims out of the shadows.
Montanans understand the importance of cracking down on the
perpetrators of these crimes and ensuring that we are serving as an
advocate for victims--without letting partisan politics get in the way.
I strongly urge all of my colleagues to come together today and do
what is right for the victims of human trafficking and pass the Justice
for Victims of Trafficking Act.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. NELSON. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Airport Security
Mr. NELSON. Madam President, our Nation's airports are not secure. We
were rudely awakened to that fact last December when it was discovered
that for a several-month period at the Atlanta Airport, employees of
the airport--one in particular--since there was limited, if any,
screening of the airport employees coming into the airport, had
concocted a scheme with another fellow to transport guns to New York,
where they were sold on the streets of Brooklyn.
The police couldn't figure out how in the world they were getting
these guns to New York because they kept watching the roads. It was in
plain sight. What they were using were the defects in airport
security--if you can believe this--to bring guns to the Atlanta
Airport. Then once at the airport, the airport employee would go up to
the sterile passenger area, where, in the restroom, he would meet a
passenger who
[[Page S2324]]
came through security with an empty backpack and transfer the guns he
had brought onto the airport property to the passenger, who then would
take them on the flight from Atlanta to New York.
This went on for several months. This passenger even carried a
carbine. When he was arrested in December, he had 16 handguns in his
backpack on the airplane. It is a good thing these guys were criminals
and not terrorists because you can imagine--this is exactly what we are
trying to prevent: weapons getting on airplanes.
Interestingly, when I got into this from the position of having the
privilege of being the ranking member of the commerce committee, where
we have jurisdiction over aviation, lo and behold, what I discovered in
my own State is that two airports had already solved the problem by
increasing security. The security we as passengers go through--they
have similar security for all airport employees. The first one to do
that was Miami International Airport back in 1999 after they discovered
a drug-smuggling ring. Instead of having hundreds of entry points into
the airport for employees, what they had was boiled down to a handful,
where they screen the employees. It was then inaugurated by the Orlando
International Airport after 2007 when they discovered a drug-smuggling
ring, and Orlando has boiled it down to about five entry points for
airline employees. I went through those entry points at both Orlando
and Miami, and it is not only what we go through as passengers, but
they also have to double-check that the person is who they say they
are. They have their badge. The airport employee checks the photograph
on the badge with the person, and they swipe the card. In the case of
the Orlando Airport, they also have to punch in an identification
number.
That seems to have solved the problem at those two huge airports,
Orlando and Miami, but what about the other 448 commercial airports in
the United States? Are they going to be the victims? Are we, the
American traveling public, going to be the victims like they were in
Atlanta?
In this age of terrorism, we cannot afford any of those mistakes. We
have been after the Department of Homeland Security and TSA to start
changing this. The Department of Homeland Security Secretary just
announced that they will take immediate steps to increase the screening
of airport employees across the country because they indeed understand
this is a problem. They are going to have a comprehensive review. They
are not saying they are going to require what Orlando and Miami do, but
at the end of the day, they are going to have to end up doing that.
We have to simplify the system by boiling down the hundreds of entry
points to just a few, and then we have to put up screening devices
similar to the ones passengers go through to go into a sterile
environment.
I am very grateful to Secretary Johnson for calling on TSA to start
this immediate inquiry and to have some action. I hope the increased
attention to this matter now will get airports and airport employees
more highly sensitized to what had been such a breach at the Atlanta
Airport. If we can do this, then it will be another measure we can take
to make sure the public is traveling safely.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. COTTON. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Tillis). Without objection, it is so
ordered.
United States-Canada Relationship
Mr. COTTON. Mr. President, in 1941, in an address delivered at an
event in honor of the Canadian Prime Minister, Winston Churchill
famously declared, ``Canada is the linchpin of the English-speaking
world.'' As with most things, Churchill was able to see deeper truths
and recognize Canada for what it really is. Today, I wish to recognize
the close and vital relationship between the United States and Canada,
our great neighbor to the north. Canada is a critical partner to both
America and Arkansas. We ought to find every way to strengthen our
relationship and avoid every possible trouble on the horizon.
The bond between the United States and Canada starts with our common
heritage and our common way of life, including individuals rights,
constitutional democracy, the rule of law, open markets, and the
defense of freedom around the world. Canada has stood with the United
States in our toughest hours to defend our common way of life. Canadian
troops fought alongside our GIs on D-day at Juno Beach, where 1 in
every 13 Canadians perished. After the 9/11 attacks, Canada was one of
the first countries to join our campaign in Afghanistan, where 158
brave Canadians died on the battlefield--the rough equivalent of 1,400
American troops. As with our own soldiers, we honor their ultimate
sacrifice and entrust their families to the tender care of a loving
providence.
Canada has also been a willing partner in many other security and
humanitarian operations around the globe, including Libya, Haiti, and
the NATO-led stabilization force in Bosnia-Herzegovina in the 1990s.
Moreover, Canada is part of the Five Eyes intelligence partnership,
which has its roots in World War II. This partnership is vital to our
national security, helping, for example, to disrupt a 2013 Al Qaeda-
associated plot to derail a train traveling between New York and
Canada. If successful, this attack could have killed dozens, perhaps
even hundreds.
Canada and the United States also share the world's longest border--
and the world's longest peaceful border. Over 300,000 people cross our
shared border every day by every mode of transport. Americans too often
forget ours is the most secure and mutually beneficial international
relationship among nations, taking for granted our peaceful partner to
the north. Our success as the global superpower and the ability to
protect our interests and global stability depends heavily on our
peaceful and productive relationship with Canada. Without it, the New
World would not be able to project power into the Old.
Our relationship with Canada is indeed productive, as Canada has
remained our best and most important trading partner. Last year, $759
billion in goods and services moved between Canada and the United
States. To put that into perspective, Canada purchased more goods from
the United States than did all 28 members of the European Union
combined and 2\1/2\ times more than did China. These purchases included
everything from raw materials to paper produced in Ashdown, rice milled
in Stuttgart, and construction hardware manufactured in Blytheville.
Moreover, Canada is the largest supplier of energy to the United
States. In January, in fact, the United States imported more oil from
Canada than all OPEC countries combined, and Canada produces 97 percent
of all U.S. natural gas imports. Of course, these numbers would be even
greater if President Obama would finally approve the Keystone XL
Pipeline which would also create thousands of high-paying American and
Canadian jobs.
Arkansas, like America as a whole, has benefited immensely from our
close ties to Canada. Agricultural products, iron and steel produced in
Arkansas factories, and countless other products manufactured in the
natural state find their way to our friends in the north, providing
Arkansans with good customers and good jobs. Indeed, Canada is
Arkansas' No. 1 foreign customer and 66,000 Arkansas jobs depend on
United States-Canada trade and investment, which totals $2.3 billion
every year.
Some of Arkansas' most recognizable names reflect these Arkansas-
Canada ties. Murphy Oil, headquartered in El Dorado, has operated in
Canada for over 60 years, producing oil and natural gas through stakes
in several projects off the coast of Newfoundland and in Alberta and
British Columbia. Walmart has also had a strong presence in Canada for
over 20 years. Today, they employ over 90,000 Canadians across nearly
400 retail stores. Tyson and Skippy Peanut Butter are just two of the
household names produced in Arkansas that are pantry staples in Canada.
With agricultural products making up nearly 20 percent of Arkansas'
exports to Canada, Arkansas' ranchers and farmers help round out
Canada's pantries and freezers.
Given these warm, longstanding ties to Canada, my team and I have
worked
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closely with the Canadian Embassy during my time in Congress to promote
and strengthen our relationship. Unfortunately, the Obama
administration at times has impeded it. The Keystone Pipeline, for
instance, is not just good for American jobs but also a critical
project for Canada's economy. Yet President Obama dismissed it as mere
Canadian oil from Canadian companies--cavalier comments that minimize
the pipeline's benefits for American workers, while also manifesting a
casual disregard for our close ally's interests.
Now we are seeing this neglect again with country-of-origin labeling
requirements for meat products processed in the United States which
threaten to disrupt trade between our two countries. These so-called
COOL regulations needlessly require different labeling for products
born, raised or slaughtered in either country. Today, processors are
forced to either operate two production lines to keep their Canadian-
born or raised cattle separate from those born and raised in the United
States or maintain extensive records on where each head of cattle came
from. These regulations unduly burden Canadian producers and American
processors while also violating our treaty obligations. Yet they
deliver little value to consumers.
Yet, despite multiple adverse rulings from the World Trade
Organization, the administration continues to pursue appeals, a process
which is expected to end next month. As a result of these trade
barriers and WTO rulings, Canada may be forced to impose reciprocal
trade barriers on American products. Unfortunately, products already
targeted for trade barriers include Arkansas rice, poultry, grains, and
beef. If the administration does not relent, nearly $130 million in
Arkansas agricultural trade with Canada will be threatened--more than
half our State's annual total.
We should put a stop now to this trade dispute that no one intended
and no one wants. I stand ready to work with my fellow Senators and the
administration to modify the labeling requirements at the earliest
opportunity following a final WTO ruling. It will be good for Arkansas'
farmers and ranchers, good for American consumers, and good for the
health of the United States-Canada partnership. Let's work together to
fix this problem, protect American jobs, and help our neighbor to the
north remain our linchpin in the world.
The PRESIDING OFFICER. The Senator from Iowa.
Commemorating National Crime Victims' Rights Week
Mr. GRASSLEY. Mr. President, we have commemorated National Crime
Victims' Rights Week every April since 1981. This year it takes place
from April 19 through April 25.
This week is dedicated to remembering victims of crime, building
awareness, and advocating for victims' rights. It is also an
opportunity to pay tribute to the millions of Americans and thousands
of Iowans who fall victim to senseless acts of crime each year.
On Monday I introduced a bipartisan resolution commemorating National
Crime Victims' Rights Week, and I am happy that my colleagues have
joined me by unanimously passing this resolution this morning.
The theme for this week, ``Engaging Communities. Empowering
Victims,'' recognizes the importance of offering the support necessary
to help crime survivors heal.
During this week we also remember the contributions of the countless
crisis hotline volunteers and staff, victims' rights attorneys, medical
professionals, and emergency responders who provide critical assistance
to survivors of crime every hour, every day in communities across the
United States.
The Judiciary Committee has worked to strengthen Federal laws and
direct resources to efforts to prevent crime from occurring in the
first place. And, although we still have a way to go to ensure that all
crime survivors are treated with appropriate fairness and respect in
the criminal justice system, I am proud that we have made important
strides toward this goal.
An important issue for many crime victims is restitution. It is an
issue that would be addressed by the ``Amy and Vicky Child Pornography
Victim Restitution Improvement Act,'' a bill introduced by Senator
Hatch that has my strong support.
The Judiciary Committee, of which I serve as chairman, reported this
bill on February 5. If enacted, the measure, which passed the full
Senate by a vote of 98-0 on February 11, would reverse a Supreme Court
decision that limits the amount of restitution that victims of child
pornography can recover from any one perpetrator.
It would ensure that victims can recover a minimum amount of damages
for certain child pornography offenses, and it also would make any
single perpetrator potentially responsible for the full damages that
result from an offense involving multiple perpetrators.
Americans also deserve to know that we are doing everything possible
to prevent sexual assault, especially in our most acclaimed
institutions of society, including college campuses and our Nation's
military. In fact, a zero tolerance standard needs to be set at the
highest levels of the Federal government.
Take, for example, the lack of accountability within some of our
Nation's Federal law enforcement entities. In the last few years, a
string of sex scandals involving prostitutes being solicited by public
servants working for the FBI, Secret Service and, most recently, the
Drug Enforcement Administration reflect an embarrassing lack of ethics
and moral code of conduct by Federal agents hired to flush out illicit
criminal activity at home and abroad.
It should go without saying that this type of conduct by Federal law
enforcement personnel--on or off the clock--cannot be tolerated. This
behavior telegraphs the wrong message about acceptable sexual conduct
to society and contributes to the demand for the human sex trade around
the world.
I supported the enactment of the Trafficking Victims Protection Act
of 2000, and earlier this year I chaired a Senate Judiciary Committee
hearing on human trafficking, where witnesses discussed the
consequences of sex trafficking for both child and adult victims.
The witnesses at this hearing, which took place on February 24, 2015,
also testified in support of several measures that would help us
further combat the various forms of human trafficking in the United
States.
One of these measures is the Justice for Victims of Trafficking Act
which is now pending on the Senate floor, and of which I am a
cosponsor.
It is vitally important that we pass this legislation, which would
authorize much needed services to victims of child pornography as well
as labor and sex trafficking.
The bill also equips law enforcement with new tools for prosecuting
human trafficking offenses and recognizes that the production of child
pornography is a form of human trafficking.
Also, earlier this year, I introduced the Combating Human Trafficking
Act. Among other things, the bill would clarify that Federal grant
resources can be used to meet the housing needs of human trafficking
victims and offer training on the effects of sex trafficking to those
who offer services to runaway, homeless, and at-risk youth.
I led the Judiciary Committee in supporting the inclusion of this
legislation as an amendment to the Justice for Victims of Trafficking
Act during committee consideration of that bill.
The committee accepted the measure by voice vote on February 26. The
committee reported the bill to the Senate floor by a vote of 19-0.
I am grateful we have been able to reach an agreement that will
finally allow a vote on this very important legislation, and I look
forward to casting my vote in favor of this bill.
Our next challenge should be to address the two broken systems of
justice found on our college campuses and within our military
institutions. First, a flawed reporting system on college campuses
requires a stronger set of tools that would help survivors of sexual
assault as well as protect the rights of the accused. That is why I
have cosponsored the ``Campus Accountability and Safety Act'' with
Senator McCaskill.
It would establish new campus resources and support services for
students, including: a requirement that colleges designate a
confidential advisor for survivors of sexual violence; new transparency
and reporting requirements; coordination between colleges and local law
enforcement; and
[[Page S2326]]
protections for due process rights of survivors and the accused.
It would also increase financial penalties for colleges found not in
compliance with the new standards.
Cases of sexual assault, which too often go unreported on college
campuses and in our own communities, require sustained, collective
attention by policymakers, law enforcement, advocates, and survivors.
Every student who heads off to a college campus in America deserves
to know that there is a system in place to secure justice and due
process for the victim and the accused.
Likewise, every young man and woman who serves his or her country in
uniform deserves to know that sexual assault is a crime and will be
treated and prosecuted as such.
In the last Congress, I cosponsored the bipartisan ``Military Justice
Improvement Act'' with Senator Gillibrand.
The bill would empower enlisted soldiers and sailors to come forward
and report a sexual crime.
It would create an independent system of justice within the ranks of
the military.
It would remove the chain of command from prosecutorial decisions
regarding sexual assault.
The fear of retaliation and retribution in the military has been a
reality for too many survivors of sexual assault. The current system
has created an environment that emboldens predators instead of
empowering victims.
Barring access to fair and impartial justice pours salt in the wounds
of those who have suffered immeasurable indignity and harm while
serving their country in uniform. I will continue working to advance
bipartisan measures through Congress to send a clear message. Sexual
assault is a crime.
The sooner our culture and systems of justice on college campuses and
in the Nation's military work together to deter, prosecute, and stop
sexual violence, the safer our society will be for America's sons and
daughters growing up in the 21st century.
In closing, crime victims and survivors in the United States deserve
our assistance in helping them cope with the often devastating
consequences of crime. That is why it is so important that we support
the mission and goals of National Crime Victims' Rights Week.
Mr. President, I thank my colleagues for joining me in supporting
passage of this resolution.
Amendment No. 273, as Modified
Mr. President, for the leader, I ask unanimous consent to set aside
the pending amendment in order to call up amendment No. 273 with the
changes that are at the desk.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The legislative clerk read as follows:
The Senator from Iowa [Mr. Grassley], for Mr. Kirk, for
himself and Mrs. Feinstein, proposes an amendment numbered
273, as modified.
Mr. GRASSLEY. 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:
(Purpose: To amend title 18, United States Code, to provide a penalty
for knowingly selling advertising that offers certain commercial sex
acts)
At the appropriate place, add the following:
SECTION __. SAVE ACT.
(a) Short Title.--This section may be cited as the ``Stop
Advertising Victims of Exploitation Act of 2015'' or the
``SAVE Act of 2015''.
(b) Advertising That Offers Certain Commercial Acts.--
(1) In general.--Section 1591(a)(1) of title 18, United
States Code, as amended by this Act, is further amended by
inserting ``advertises,'' after ``obtains,''.
(2) Mens rea requirement.--Section 1591(a) of title 18,
United States Code, is amended in the undesignated matter
following paragraph (2), by inserting ``, except where the
act constituting the violation of paragraph (1) is
advertising,'' after ``knowing, or''.
(3) Conforming amendments.--Section 1591(b) of title 18,
United States Code, as amended by this Act, is further
amended--
(A) in paragraph (1), by inserting ``advertised,'' after
``obtained,''; and
(B) in paragraph (2), by inserting ``advertised,'' after
``obtained,''.
The PRESIDING OFFICER. The Senator from Arizona.
Mr. FLAKE. Mr. President, I am pleased to be able to speak in support
of my amendment No. 294 to the Justice for Victims of Trafficking Act.
It is important as part of our duties as stewards of the taxpayer money
to ensure that the Federal Government is running as efficiently as
possible. This is rooting out waste, duplications, and overlap where we
find it in the Federal Government and in these programs.
This amendment simply requires the GAO--the Government Accountability
Office--to study the programs and initiatives which are affected by
this bill and those which are related to services for trafficking
victims and other victims services. In particular, the amendment
directs GAO to look for duplication and overlap and requires GAO to
issue a report to Congress describing costs associated with them and to
make recommendations on how to achieve cost savings.
I do support this legislation. I voted for it when it was considered
by the Judiciary Committee. It is incumbent upon us to ensure that
other programs that are affected by this legislation are studied to
make sure we don't have duplication, that we don't have other programs
that are doing the same things. We need to make sure we are good
stewards of the taxpayers' money. The GAO has considerable experience
of this kind to do this type of analysis.
I look forward to having support for this amendment, and I ask my
colleagues to support it.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Ms. KLOBUCHAR. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. KLOBUCHAR. Mr. President, I come to the Senate floor to thank my
colleagues and to ask for their support for our first amendment,
Klobuchar amendment No. 296. I understand it is going to be by voice
vote, and it is something I have worked on for a long time.
I know everyone has put a lot of effort into this bill--certainly
Senator Cornyn and I have--and we are very pleased that it is moving
forward. I thank all my colleagues for their work.
This afternoon, I know we will be considering a number of important
amendments, and, as I mentioned, one is the safe harbor legislation. I
think we have 26 cosponsors on the bill.
Let's first get to why we are doing this bill. The United Nations
considers human trafficking to be one of the three largest criminal
enterprises in the world. The first is illegal trafficking of drugs,
the second is illegal trafficking of guns, and the third is illegal
trafficking of humans. It is not just something, as we know, that is
happening in faraway lands. It happens in our own backyards. It has
happened to 12-year-olds in my own State. As Senator Heitkamp knows, it
happens in the oil patches of North Dakota. That is why this bill and
this amendment No. 296, which passed with the bill unanimously through
the Judiciary Committee, are so important.
This is about treating the children who are victims of these crimes
as victims because that is what they are. Right now, in many States
around the country, these kids can still be prosecuted.
In a State such as mine, the State of Minnesota, we have in place a
safe harbor law that has been very effective. Why? One, it gives the
kids the services they need, whether it is through child protection,
whether it is housing, whether it is getting the kind of medical care
they need. That is what our bill does. On the other hand, if you just
prosecute these kids, do you actually think they are going to turn
against the person running the sex ring? Are they going to turn against
the pimp? No. They are going to go right back into the hands of the
person they were with--the perpetrator--to begin with. In our State, we
have had a lot of success with this safe harbor law. We have obtained
one of the longest sentences ever--40 years--against someone who was
running a sex ring because we give help to the victims of the crime.
As I said, there are 26 of my colleagues across the Senate who have
cosponsored the bill. It has been an honor to work on the issue with
Samantha Power, the U.S. Ambassador to the
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United Nations, and Cindy McCain, wife of our colleague Senator McCain.
Senator Heitkamp, Cindy McCain, and I went down to Mexico to talk with
them about the partnership we have in going after these cases.
The amendment has the support of the National Conference of State
Legislatures, the National Center for Missing and Exploited Children,
the Fraternal Order of Police, Shared Hope International, and the
National Alliance to End Sexual Violence.
As I said, this bill and this amendment simply create an incentive
for States across the country to enact a safe harbor law. Fifteen
States already have these laws. Another 12 States are making progress
in that direction. The House passed a similar bill last year under the
leadership of Erik Paulsen, one of the Congressmen from Minnesota.
Secondly, in addition to creating an incentive for these States to
enact safe harbor laws, the bill also creates a national strategy to
combat human trafficking. The national strategy will encourage
cooperation and coordination among all the agencies that work on this
problem--Federal, State, tribal, and local. That is a major part of the
bill, and it wasn't in the House bill. We think it is very important.
The bill also gives sex trafficking victims the right support they
need. It qualifies them for job-training programs. The bill allows
victims of sex trafficking to participate in the Job Corps program to
help them get back on their feet.
Senator Cornyn, who is the lead Republican on this amendment, and I
were pleased to include a provision that Senators Whitehouse and
Sessions have been working on to clarify the authority of the U.S.
Marshals Service to assist local law enforcement agencies in locating
missing children.
That is what the amendment does. There are incentives for the safe
harbor laws we have already seen in 15 States. There is a national sex
trafficking strategy, which is something we dearly need as we see an
increase in these kinds of crimes. It qualifies victims of these crimes
for job-training programs. Finally, there is a provision to make it
easier for the U.S. Marshals Service to assist local law enforcement, a
measure proposed by Senator Whitehouse and Senator Sessions which is
included in this amendment and which came through the committee.
I want to end by telling you what this is about. It is about a 12-
year-old girl in Rochester who got a text message. The text message
said she was invited to a party. The text said to go meet in a parking
lot. She went there, and then she was thrown into a car, brought up to
the Twin Cities, raped by a man, then sold on craigslist, sold for sex,
and raped by two other men. Finally, weeks later, the guy who did this
was found, and he is being prosecuted federally.
That is what this is about. These are serious crimes. The average age
of a victim is 12 years old--not even old enough to go to a high school
prom, not old enough to get a driver's license.
Again, I thank Senator Cornyn for his work. We worked together on
both the bill as well as this amendment we are considering today. This
has been a lot of work the last month, but I am so pleased we are
advancing this important trafficking bill.
I see that the Senator from Maine is here. She has also been a leader
in this area.
Thank you, Mr. President.
I yield the floor.
The PRESIDING OFFICER. The Senator from Maine.
Ms. COLLINS. Thank you, Mr. President.
First, let me commend Senator Cornyn and Senator Klobuchar for the
work they have done on this antitrafficking bill.
This is, in fact, a horrendous crime. Just a few months ago in my
home State, in Bangor, a couple was arrested for allegedly trafficking
a 13-year-old girl. That is what we are talking about, and that is why
this legislation is so important.
I am proud to be a cosponsor of the bill, and I commend Senator
Cornyn and Senator Klobuchar and others for working so hard on it.
The antitrafficking bill deals with the law enforcement piece of this
horrendous problem. But we also need to pay attention to prevention
programs. That is why this afternoon we will vote on a proposal that
Senator Leahy and I, along with Senators Heitkamp, Ayotte, Murkowski,
and Baldwin, have put forth to reauthorize the Runaway and Homeless
Youth Act programs, which already have expired. They expired in 2013.
These are absolutely critical programs for preventing homeless youth
and runaway youth from ending up in the hands of sex traffickers. The
runaway and homeless youth programs are comprised of three programs:
the Street Outreach Program, the Basic Center Program, and the
Transitional Living Program. They have helped thousands of our homeless
youth meet their immediate needs and provided long-term residential
services for those who, sadly, cannot be reunited with their families.
The amendment that we are offering complements the underlying bill by
addressing prevention, intervention, and recovery service for
trafficking victims, particularly among the most vulnerable
population--our homeless youth.
According to a 2013 report by the Institute of Medicine and the
National Research Council, homelessness is one of the most common risk
factors for sex trafficking. Without access to food, shelter, and
social supports, homeless young people often turn to what is termed
``survival sex;'' that is, a way to trade sex for a place to sleep, for
food, and for other basic necessities.
Another recent report found that one in four homeless youth are
victims of sex trafficking or engage in survival sex. Our amendment
strengthens the existing programs by ensuring that service providers
know how to identify trafficking victims and give these youth the
support they need. In many cases these services can prevent these
homeless and runaway youth from becoming victims in the first place.
In Maine, our homeless shelters are critical partners in the fight to
end human trafficking. In Portland, for example, the Preble Street
Resource Center has used Runaway and Homeless Youth Act resources to
connect youth who need food, shelter, health services, and educational
support. The Preble Street Anti-trafficking Coalition is currently
helping approximately 50 trafficking victims whose ages range from 14
to 42. They enable them to start new lives.
New Beginnings, a great program in Lewiston, ME, and the Shaw House
in Bangor, ME, are other organizations that have successfully leveraged
Federal grants from the Runaway and Homeless Youth Program to provide
shelter and services to homeless youth in my State. With this kind of
support, young people can make their way off the street and away from
criminals who will exploit them at a time when they are at their most
vulnerable.
There are more than 1.6 million homeless teens in our country--a
truly astonishing number. A growing number of these homeless youth
identify themselves as LGBT. It is estimated that up to 40 percent of
runaway or homeless youth are LGBT. Some of them have been kicked out
of their own homes. Others have felt that there has been no place for
them in their community. Our amendment would help ensure that those
seeking services through the federally funded programs are not denied
assistance based on their race, color, religion, national origin, sex,
sexual orientation, gender identity or disability.
All homeless young people need access to safe beds at night and
services during the day so that they never have to choose between
selling their bodies and a safe place to sleep. I would like to thank
Senator Leahy and Senator Heitkamp for being so passionate about this
issue. They have worked with me to incorporate important feedback into
our amendment, particularly from faith-based organizations.
In fact, Mr. President, I ask unanimous consent that at the
conclusion of my remarks, a letter be printed that I have from numerous
faith-based organizations endorsing our amendment. These organizations
represent millions of people in all 50 States. They urge us to pass our
legislation with that nondiscrimination clause intact.
They include, for example: Covenant House International, the
Evangelical Lutheran Church of America, the Interfaith Alliance, the
National Council of Jewish Women, the Metropolitan Community Churches,
the Methodist Federation for Social Action, the
[[Page S2328]]
United Church of Christ, Justice and Witness Ministries, and many
others that are backing our amendment.
We have clarified that providers can still provide and offer sex-
specific shelters and programming. By that, I mean all-girl shelters or
all-boy shelters. The nondiscrimination clause is modeled--it is
virtually identical to a provision enacted into law during the last
Congress through the bipartisan Violence Against Women Act. Nothing,
nothing in our amendment alters the ability of faith-based providers to
give preference in hiring to people of their same faith.
The stand-alone bill on which our amendment is based was reported out
of the Judiciary Committee last Congress by an overwhelming bipartisan
vote of 15 to 3. It has the support of nearly 270 organizations
including, as I mentioned, many faith-based providers that serve
homeless youth, other service providers, and antitrafficking groups.
They all strongly support the reauthorization of these prevention,
intervention, and treatment programs.
Our health care workers in Maine are also tremendous partners in
helping to address trafficking crimes and their victims. Saint Joseph
Hospital in Bangor has educated its clinicians to identify the signs of
human trafficking among their patients. Congress must do more both to
provide law enforcement with the tools it needs to pursue sex
trafficking, but we cannot forget those prevention and intervention
programs that are provided by the Runaway and Homeless Youth Program.
By giving homeless youth the support and the services they need, we
can help prevent them from becoming trafficked in the first place.
These programs have provided lifesaving services and housing for
America's homeless and runaway youth for 40 years. They are vital in
addressing this serious problem. I urge my colleagues to support the
amendment that Senator Leahy and I, Senator Heitkamp, Senator Ayotte,
Senator Murkowski, and Senator Baldwin are offering today. It is so
important.
Again, I want to especially thank Senator Heitkamp for all of her
advocacy. She has done tremendous work.
I am very happy to yield the floor for her.
There being no objection, the material was ordered to be printed in
the Record, as follows:
March 11, 2015.
Dear Senators: As faith-based organizations representing
millions of people in all 50 states across our nation, we are
writing today regarding the Runaway Homeless Youth and
Trafficking Prevention Act. Based on the values of our
diverse faith traditions, we are committed to ensuring that
all victims of violence have equal access to justice, strong
legal protections and can access the lifesaving services they
need to move from crisis to stability. We urge you to pass
this legislation with the nondiscrimination clause intact.
Federal funds should not be used to discriminate.
In times of crisis, victims often turn to their faith
communities and leaders for guidance and support. Faith
leaders are on the front lines each day identifying victims,
providing refuge, referring victims and their families to
programs and services for homeless and trafficked youth, and
offering hope and healing. Part of meeting these needs
includes respecting the religious liberty of those receiving
services.
A study conducted by the U.S. Department of Health and
Human Services found that 46% of homeless youth had run away
from home because of physical abuse and 17% because of sexual
abuse. A growing number of homeless youth identify as LGBT,
and it is estimated that they comprise up to 40% of the
runaway homeless youth (RHY) population. We believe that ALL
vulnerable young people should have access to programs
designed to stop the cycle of victimization and provide
comprehensive solutions. Federal grantees must be prohibited
from discriminating against any youth based on their sexual
orientation or gender identity.
Thank you for your steadfast commitment to working with
faith communities to support vulnerable young people and
victims of trafficking. We look forward to working with you
to swiftly pass the Runaway Homeless Youth and Trafficking
Prevention Act.
Sincerely,
Catholics for Choice, Congregation Beit Simchat Torah,
Covenant House International, Evangelical Lutheran Church of
America, Global Faith and Justice Project, Global Justice
Institute, Interfaith Alliance, Jewish Labor Committee
Western Region, Methodist Federation for Social Action,
Metropolitan Community Churches, National Council of Jewish
Women;
National Center for Housing and Child Welfare, Religious
Coalition for Reproductive Choice, Religious Institute,
Society for Humanistic Judaism, The General Board of Church
and Society, United Methodist Church, The Jewish Federations
of North America, T'ruah: The Rabbinic Call for Human Rights,
Unitarian Universalist Association, Unitarian Universalist
Women's Federation, United Church of Christ, Justice and
Witness Ministries, Women's League for Conservative Judaism.
The PRESIDING OFFICER. The Senator from North Dakota.
Ms. HEITKAMP. Mr. President, I want to add my voice to all of the
accolades that have been expressed today to Senator Cornyn and Senator
Klobuchar for giving a voice to the victims of the most horrific crime
that occurs in our country; those are the victims of human trafficking.
Without their hard work, without their advocacy, we would not be
debating this on the floor of the Senate. So it is so important to
acknowledge that work and to advance the cause by working together.
Today, I wish to speak to amendment No. 290, which is the Collins-
Leahy runaway and homeless youth amendment. I want to thank Senator
Collins and Senator Leahy for being such fierce advocates for runaway
and homeless youth. I have had years of experience working with victims
and vulnerable youth. I can tell you based on this experience that this
amendment is the most critical piece that we are considering today to
truly address prevention and early intervention for a population that
is the most susceptible to being trafficked; that is the population of
runaway and homeless youth.
It is a story I believe is too often told. It is a story of a runaway
and homeless youth engaging in survival sex, being coerced into
criminal activity by people offering nothing more than a roof over
their head or maybe even a meal. Since 1995, North Dakota has received
$11.5 million in this very critical and important prevention program.
How many of these children have we rescued from a life of despair? We
will never know.
But I am certain, telling those stories and visiting them in the
shelters and in their apartments that are transitory living situations,
that they would otherwise be so extraordinarily vulnerable. I have
heard firsthand the stories of these homeless and runaway youth. The
stories that you hear are literally heartbreaking. With prior physical,
mental, and sexual abuse, these runaway and homeless youth have already
been devalued. They have already been told that they are not worth what
other children are worth. They have substance addictions. They have
been shunned by their family or communities for who they are and how
they identify. They are the most marginalized children in our country.
Last July, a 13-year-old runaway from Minneapolis was picked up by
her traffickers in the Cities and then worked her way across--she was
heading off to the oil patch in western North Dakota. She stopped in
Fargo-Moorhead to make some money on the way, being trafficked by a man
who was selling a 13-year old for sex online through backpage.com.
Fargo-Moorhead law enforcement set up a sting and rescued the victim
and arrested the trafficker.
Just 2 weeks ago, there was another tragic story of a 14-year old--a
14-year old runaway from Las Vegas. Her parents did not know where she
was. She got mixed up in the wrong crowd. She was put in a car and
taken to Minot, ND. Her mother, desperate to find her, searched through
her email records, found a connection to Backpage, and saw that her
daughter was being advertised on Backpage in Minot, ND. She called the
local authorities. The local authorities were able to rescue her.
She was rescued with a 16-year-old and returned to Las Vegas. She is
now with her mother. The 16-year-old got off the plane and ran--got off
the plane and ran. There was no hope for her, no place to return that
was welcoming, no mother who searched for her on the Internet and found
her.
As we work through these stories, I want you to think about what is
the common element, what is the common factor. You look behind these
stories, and you will see in these stories of trafficking runaway and
homeless youth--runaway and homeless youth--vulnerable, on the street,
susceptible to a warm bed, susceptible to a hot meal, susceptible to
any kind of love and comfort they can find, only to find out that it
might be their worst nightmare.
They are trapped, and where do they go? Where do they go if there is
not a program for runaway and homeless
[[Page S2329]]
youth? Where do they go if someone is not reaching out a hand? So what
has become a common recurring fact of these offenders or these victims
is that they have been thrown away or they are runaways.
Forty percent, we estimate, of these children, identify themselves as
gay, lesbian, transgender or bisexual youth.
If we pass an amendment that doesn't have protection for this
population, that doesn't have protection for these children, what is
the message? The message is the message that has been reinforced their
entire life, which is that they are not worthy of help, they are not
worthy of being treated as all other children are.
So this Senate will reinforce the recurring message that is so
tragically identified and so tragically delivered to these children
every day.
I urge my colleagues, I beg my colleagues to please recognize the
worth of all children. Recognize the vulnerability of this population
of children.
Vote with us to support the Leahy-Collins amendment. It is so
critical to sending the right message, so critical to giving the right
services, but so critical to sending the right message that all
children matter and that we in the Senate do not see or discriminate.
What we do is we help provide shelter to the most vulnerable among us.
I yield the floor.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. LEAHY. I thank the Senator from North Dakota for her very, very
strong statement.
We sometimes talk about numbers and this and that. It is when you
talk about real cases that we understand what we are talking about
here. We are going to consider two amendments related to preventing
human trafficking of runaway and homeless youth.
Senator Cornyn's amendment speaks to this effort, but it is not a
meaningful alternative to the comprehensive amendment that Senator
Collins and I will offer. Our amendment No. 290, the Runaway and
Homeless Youth and Trafficking Prevention Act, has the support of 30
bipartisan cosponsors.
Senator Cornyn has said that no effort to end human trafficking can
be complete without addressing the needs of runaway and homeless youth.
I agree and that is why amendment No. 290 is so important. In fact,
when the Senate Judiciary Committee voted on this legislation last
year, it received the vote of almost every single member, including
Senator Cornyn.
In our hearings since then, I have listened to the stories of
survivors. Some have been in my office and some have been in the
offices of other Senators, and they talked about this. So many of them
begin the same way. They are a homeless or a runaway teen, scared,
desperate for affection and a safe place to sleep, especially if they
are somewhere in inclement weather.
Traffickers know this. They prey on that desperation. They know there
are so very few places these children can turn to.
A recent survey found that one in four--now, think of this--homeless
youth had been victims of sex trafficking or they have traded sex for
survival needs such as food or a place to sleep. Just think of this.
They are the age of our children or our grandchildren.
This is a human issue. In fact, a survey found that 50 percent of
homeless youth had been solicited for sex by an adult within 48 hours
of leaving home. Just think of that--half of these homeless kids were
solicited by an adult within the first 2 days of leaving home.
I am talking about kids 12, 13, 14 years old. They have nowhere to
go, but we can at least, through this legislation, make sure they have
a safe place to turn. That is what our amendment does.
Senator Cornyn's amendment is not a good alternative. The amendment I
am offering assures that homeless youth providers are specifically
trained to recognize victims of trafficking, address the unique trauma,
and refer them to the appropriate care and services.
It also lengthens the time they can stay in shelters or receive
services. Look at what happens if they are forced back out of those
shelters. How long does it take for traffickers to grab them?
The amendment includes important new efforts to encourage family
reunification and allows the person to define the people they consider
family. This is particularly important as runaway children are often
estranged from their parents.
Senator Cornyn's amendment does not have the crucial
nondiscrimination provision that is in my amendment. This language
would prevent the discrimination against youth based on their race,
their color, their religion, their national origin, their sex, their
gender identity, their sexual orientation, or their disability.
It is almost identical to a provision contained in the bipartisan
Violence Against Women Reauthorization Act of 2013, which passed the
Senate with 78 votes. It passed the Republican-controlled House
overwhelmingly and was signed into law.
You may not like to think about this, but the reason this language is
particularly important is because a growing number of these homeless
and runaway youth identify as LGBT.
Many, sadly, have been thrown out of their homes precisely for that
reason. They have been rejected by their parents. No child should face
that kind of isolation or rejection--no matter what.
I am a parent. I am a grandparent. I find it heartbreaking that a
child could be turned out of their home and then turned away by a
service provider. We shouldn't allow organizations to take Federal
funds and then turn their backs against these kids because of their
race or their religion or whom they love. That is why I can't
understand why the side-by-side amendment offered had the
nondiscrimination protections for these children stripped from it.
I urge all Senators to support my bipartisan amendment.
I thank Senators Collins and Heitkamp for their steadfast and very
strong support. We have to support the efforts of dedicated service
providers. They make these programs work. We have to protect these
kids. The most important thing is not being in a position where the
only time we can act or is after someone has been trafficked. Let's
prevent them from being trafficked in the first place.
Prevention will cost money, but it is going to save lives, and it is
going to prevent the far more costly effects of human trafficking. This
is smart money--we ought to be able and ready to invest in our
children. We have to include the Runaway and Homeless Youth and
Trafficking Prevention Act in our efforts to prevent more of our kids
from becoming victims.
I have said it so many times on this floor that I almost grow weary
of hearing myself saying it. I have prosecuted some of these cases. And
it was nowhere near the problem, when I was a prosecutor, that it is
today throughout this country.
I still have nightmares from what we saw. This Senator hopes that
someday, under this legislation, if we work hard enough, none of us
will have these nightmares.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Ms. COLLINS. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. COLLINS. Mr. President, the question really comes down to this:
Do we want provider services to homeless and runaway youth to be able
to turn away at the door a 13-year-old girl simply because of her
sexual orientation? That is what this comes down to, and I think the
answer is no if that provider is receiving Federal funds. It shouldn't
matter, and we should be willing to stand and say that we want to help
all youth stay out of the clutches of these truly evil sex traffickers.
That is what this is about.
The PRESIDING OFFICER. The Senator from Vermont.
Amendment No. 290
(Purpose: To reauthorize the Runaway and Homeless Youth
Act)
Mr. LEAHY. Mr. President, I ask unanimous consent to set aside the
pending amendment to call up amendment No. 290.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The clerk will report.
[[Page S2330]]
The legislative clerk read as follows:
The Senator from Vermont [Mr. Leahy], for himself, Ms.
Collins, Ms. Murkowski, Ms. Baldwin, Ms. Ayotte, Ms.
Heitkamp, Mrs. Shaheen, Mr. Bennet, Mr. Murphy, Mr. Merkley,
Mr. Schatz, Mr. Booker, and Ms. Klobuchar, proposes an
amendment numbered 290.
Mr. LEAHY. 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 printed in the Record of March 11, 2015, under
``Text of Amendments.'')
The PRESIDING OFFICER. The Senator from Illinois.
Mr. DURBIN. Mr. President, I will speak briefly in support of the
remarks of the Senator from Maine and the Senator from Vermont.
The Cornyn approach on runaway and homeless youth excludes language
that would prohibit discrimination against the recipients of these
services because of their sexual orientation. How can we have reached
that point in the Senate?
Haven't we engaged in a national debate that centered on Indiana and
other States? Haven't we decided in America that, regardless, we aren't
going to allow discrimination against people because of sexual
orientation? Sadly, this Cornyn amendment excludes language that
prohibits discrimination against LGBT youth.
Secondly, to fund a less than $1 billion a year program, the Senator
from Texas is eliminating a $10 billion health prevention fund, which
serves 50 States to deal with infectious disease and serious health
issues.
This is, sadly, an effort to attack ObamaCare, and it shouldn't be
done in this important legislation. We have wasted 4 weeks on an
extraneous issue. Let us stick to the basic issue before us.
Defeat the Cornyn amendment and support the amendment being offered
by Senator Collins and Senator Leahy.
The PRESIDING OFFICER. The Senator from Texas.
Amendment No. 1127
Mr. CORNYN. Mr. President, I ask unanimous consent to set aside the
pending amendment and call up my amendment No. 1127.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The clerk will report.
The legislative clerk read as follows:
The Senator from Texas [Mr. Cornyn] proposes an amendment
numbered 1127.
Mr. CORNYN. 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:
(Purpose: To reauthorize the Runaway and Homeless Youth Act, and for
other purposes)
At the appropriate place, insert the following:
SEC. ___. RUNAWAY AND HOMELESS YOUTH ACT REAUTHORIZATION.
(a) Reauthorization.--Section 388(a) of the Runaway and
Homeless Youth Act (42 U.S.C. 5751(a)) is amended--
(1) in paragraph (1), by striking ``for fiscal year 2009,''
and all that follows through the period and inserting ``for
each of fiscal years 2016 through 2020.'';
(2) in paragraph (3)(B), by striking ``such sums as may be
necessary for fiscal years 2009, 2010, 2011, 2012, and
2013.'' and inserting ``$2,000,000 for each of fiscal years
2016 through 2020.' ''; and
(3) in paragraph (4), by striking ``for fiscal year 2009''
and all that follows through the period and inserting `` `for
each of fiscal years 2016 through 2020.''.
(b) Offset; Repealing Prevention and Public Health Fund.--
(1) In general.--Section 4002 of the Patient Protection and
Affordable Care Act (42 U.S.C. 300u-11) is repealed.
(2) Rescission of unobligated funds.--Of the funds made
available under such section 4002, the unobligated balances
are rescinded.
(3) Effective date.--This subsection takes effect on
October 1, 2015.
Mr. CORNYN. Mr. President, if I could just say in the next 30 seconds
or so that the first amendment we will vote on reauthorizes the Runaway
and Homeless Youth Act, which is something that we all support, which
permits treatment of victims of human trafficking without
discrimination. It also happens to be paid for, something that the
Leahy amendment is not.
Right now, most faith-based organizations, such as Catholic
Charities, treat all victims of human trafficking without regard to
sexual orientation, gender issues, and the like--as I am proud to say
they should.
But there is nothing--we have been told that the various faith-based
organizations worry that the Federal Government is basically going to
intervene and tell them whom they can hire and what their
administration and implementation practices must be. That is why almost
uniformly, faith-based organizations that would be eligible for the
grants to help the victims of human trafficking say that this would
render this administration of this victims trafficking fund legislation
unworkable.
I ask my colleagues to support the Cornyn amendment, to vote against
the Leahy amendment, and let's get this done.
I yield the floor.
Mr. DURBIN. Mr. President, is there any time remaining on this
amendment?
The PRESIDING OFFICER. There is 1 minute remaining in opposition.
Mr. DURBIN. Mr. President, in opposition to the Cornyn amendment, let
me say this. Up to forty percent of the overall homeless youth
population identify as LGBT, and many have reported that they have been
subjected to service denial and discrimination by staff and providers
based on their sexual orientation. The Leahy-Collins alternative
expressly prohibits discrimination against youth because of their
sexual orientation. That should be the gold standard.
Defeat the Cornyn amendment and vote for the bipartisan Collins-Leahy
amendment.
The PRESIDING OFFICER. The question is on agreeing to amendment No.
1127, offered by the Senator from Texas.
Mr. CORNYN. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. CORNYN. The following Senators are necessarily absent: the
Senator from Texas (Mr. Cruz) and the Senator from Alabama (Mr.
Shelby).
The PRESIDING OFFICER (Mrs. Fischer). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 45, nays 53, as follows:
[Rollcall Vote No. 158 Leg.]
YEAS--45
Alexander
Barrasso
Blunt
Boozman
Burr
Cassidy
Coats
Cochran
Corker
Cornyn
Cotton
Crapo
Daines
Enzi
Ernst
Fischer
Gardner
Graham
Grassley
Hatch
Heller
Hoeven
Inhofe
Isakson
Johnson
Lankford
Lee
McCain
McConnell
Moran
Paul
Perdue
Risch
Roberts
Rounds
Rubio
Sasse
Scott
Sessions
Sullivan
Thune
Tillis
Toomey
Vitter
Wicker
NAYS--53
Ayotte
Baldwin
Bennet
Blumenthal
Booker
Boxer
Brown
Cantwell
Capito
Cardin
Carper
Casey
Collins
Coons
Donnelly
Durbin
Feinstein
Flake
Franken
Gillibrand
Heinrich
Heitkamp
Hirono
Kaine
King
Kirk
Klobuchar
Leahy
Manchin
Markey
McCaskill
Menendez
Merkley
Mikulski
Murkowski
Murphy
Murray
Nelson
Peters
Portman
Reed
Reid
Sanders
Schatz
Schumer
Shaheen
Stabenow
Tester
Udall
Warner
Warren
Whitehouse
Wyden
NOT VOTING--2
Cruz
Shelby
The PRESIDING OFFICER. Under the previous order requiring 60 votes
for the adoption of this amendment, the amendment is rejected.
Amendment No. 290
The PRESIDING OFFICER. Under the previous order, there is now 2
minutes of debate prior to a vote on amendment No. 290, offered by the
Senator from Vermont, Mr. Leahy.
The Senator from Vermont.
Mr. LEAHY. Madam President, my bipartisan amendment to prevent human
trafficking includes important language to prohibit discrimination
against homeless children.
The language should be familiar to most Senators here. It is nearly
identical to what we voted for overwhelmingly as part of the Violence
Against Women Act reauthorization 2 years
[[Page S2331]]
ago. It shouldn't be controversial. We should reaffirm our commitment
to nondiscrimination. All children--all children--deserve our
protection. We should not be picking and choosing, saying: This child
deserves protection, this one doesn't. They all deserve our protection.
The PRESIDING OFFICER. The Senator from Texas.
Mr. CORNYN. Madam President, I urge a ``no'' vote on the Leahy
amendment.
I agree with the senior Senator from Vermont that all victims of
human trafficking should be treated with the dignity they deserve
without regard to sexual orientation or any discrimination. That is
what the Cornyn amendment we just voted on would do.
What we are told by faith-based organizations that provide many of
these services is that the Leahy language would make rendition of those
services difficult, if not impossible. There is some debate whether it
would also intrude on hiring practices and whether people could
actually be hired in faith-based organizations if they didn't agree
with some of the services that are rendered here.
Finally, the Leahy amendment would authorize $115 million of spending
that it is not paid for and thus would increase the deficit. A number
of organizations, such as the Conference of Catholic Bishops, the
National Religious Broadcasters, National Association of Evangelicals,
among other religious organizations, urge a ``no'' vote on the Leahy
amendment.
The PRESIDING OFFICER. The Senator from Maine.
Ms. COLLINS. Madam President, how much time is left?
The PRESIDING OFFICER. Fifteen seconds.
Ms. COLLINS. Madam President, the question before us is very clear:
If you believe runaway and homeless youth should receive services that
are federally funded without regard to their sexual orientation, you
should vote yes on this amendment. The Cornyn amendment does not
prohibit discrimination.
The PRESIDING OFFICER. The Senator from Texas.
Mr. CORNYN. Madam President, I ask that all votes be kept to 10
minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
The PRESIDING OFFICER. The question is on agreeing to amendment No.
290, offered by the Senator from Vermont.
Mr. LEAHY. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The bill clerk called the roll.
Mr. CORNYN. The following Senator is necessarily absent: the Senator
from Texas (Mr. Cruz).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 56, nays 43, as follows:
[Rollcall Vote No. 159 Leg.]
YEAS--56
Ayotte
Baldwin
Bennet
Blumenthal
Booker
Boxer
Brown
Cantwell
Capito
Cardin
Carper
Casey
Collins
Coons
Donnelly
Durbin
Feinstein
Franken
Gillibrand
Heinrich
Heitkamp
Heller
Hirono
Kaine
King
Kirk
Klobuchar
Leahy
Manchin
Markey
McCaskill
Menendez
Merkley
Mikulski
Murkowski
Murphy
Murray
Nelson
Paul
Peters
Portman
Reed
Reid
Sanders
Schatz
Schumer
Shaheen
Stabenow
Sullivan
Tester
Toomey
Udall
Warner
Warren
Whitehouse
Wyden
NAYS--43
Alexander
Barrasso
Blunt
Boozman
Burr
Cassidy
Coats
Cochran
Corker
Cornyn
Cotton
Crapo
Daines
Enzi
Ernst
Fischer
Flake
Gardner
Graham
Grassley
Hatch
Hoeven
Inhofe
Isakson
Johnson
Lankford
Lee
McCain
McConnell
Moran
Perdue
Risch
Roberts
Rounds
Rubio
Sasse
Scott
Sessions
Shelby
Thune
Tillis
Vitter
Wicker
NOT VOTING--1
Cruz
The PRESIDING OFFICER. Under the previous order requiring 60 votes
for the adoption of this amendment, the amendment is rejected.
The Senator from Ohio.
Amendment No. 311
Mr. BROWN. Madam President, I ask unanimous consent to set aside the
pending amendment in order to call up Brown amendment No. 311.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The clerk will report.
The legislative clerk read as follows:
The Senator from Ohio [Mr. Brown] for himself, Ms. Ayotte,
Mrs. Shaheen, Mrs. Gillibrand, and Ms. Baldwin, proposes an
amendment numbered 311.
Mr. BROWN. Madam 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:
(Purpose: To direct the Attorney General to increase the amount
provided under certain formula grants to States that have in place laws
that terminate the parental rights of men who father children through
rape)
At the appropriate place, insert the following:
TITLE __--RAPE SURVIVOR CHILD CUSTODY
SEC. __01. SHORT TITLE.
This title may be cited as the ``Rape Survivor Child
Custody Act''.
SEC. __02. DEFINITIONS.
In this title:
(1) Covered formula grant.--The term ``covered formula
grant'' means a grant under--
(A) part T of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg et seq.) (commonly
referred to as the ``STOP Violence Against Women Formula
Grant Program''); or
(B) section 41601 of the Violence Against Women Act of 1994
(42 U.S.C. 14043g) (commonly referred to as the ``Sexual
Assault Services Program'').
(2) Termination.--
(A) In general.--The term ``termination'' means, when used
with respect to parental rights, a complete and final
termination of the parent's right to custody of, guardianship
of, visitation with, access to, and inheritance from a child.
(B) Rule of construction.--Nothing in this paragraph shall
be construed to require a State, in order to receive an
increase in the amount provided to the State under the
covered formula grants under this title, to have in place a
law that terminates any obligation of a person who fathered a
child through rape to support the child.
SEC. __03. FINDINGS.
Congress finds the following:
(1) Men who father children through rape should be
prohibited from visiting or having custody of those children.
(2) Thousands of rape-related pregnancies occur annually in
the United States.
(3) A substantial number of women choose to raise their
child conceived through rape and, as a result, may face
custody battles with their rapists.
(4) Rape is one of the most under-prosecuted serious
crimes, with estimates of criminal conviction occurring in
less than 5 percent of rapes.
(5) The clear and convincing evidence standard is the most
common standard for termination of parental rights among the
50 States, territories, and the District of Columbia.
(6) The Supreme Court established that the clear and
convincing evidence standard satisfies due process for
allegations to terminate or restrict parental rights in
Santosky v. Kramer (455 U.S. 745 (1982)).
(7) Currently only 10 States have statutes allowing rape
survivors to petition for the termination of parental rights
of the rapist based on clear and convincing evidence that the
child was conceived through rape.
(8) A rapist pursuing parental or custody rights causes the
survivor to have continued interaction with the rapist, which
can have traumatic psychological effects on the survivor, and
can make it more difficult for her to recover.
(9) These traumatic effects on the mother can severely
negatively impact her ability to raise a healthy child.
(10) Rapists may use the threat of pursuing custody or
parental rights to coerce survivors into not prosecuting
rape, or otherwise harass, intimidate, or manipulate them.
SEC. __04. INCREASED FUNDING FOR FORMULA GRANTS AUTHORIZED.
The Attorney General shall increase the amount provided to
a State under the covered formula grants in accordance with
this title if the State has in place a law that allows the
mother of any child that was conceived through rape to seek
court-ordered termination of the parental rights of her
rapist with regard to that child, which the court is
authorized to grant upon clear and convincing evidence of
rape.
SEC. __05. APPLICATION.
A State seeking an increase in the amount provided to the
State under the covered formula grants shall include in the
application of the State for each covered formula grant such
information as the Attorney General may reasonably require,
including information about the law described in section
__04.
[[Page S2332]]
SEC. __06. GRANT INCREASE.
The amount of the increase provided to a State under the
covered formula grants under this title shall be equal to not
more than 10 percent of the average of the total amount of
funding provided to the State under the covered formula
grants under the 3 most recent awards to the State.
SEC. __07. PERIOD OF INCREASE.
(a) In General.--The Attorney General shall provide an
increase in the amount provided to a State under the covered
formula grants under this title for a 2-year period.
(b) Limit.--The Attorney General may not provide an
increase in the amount provided to a State under the covered
formula grants under this title more than 4 times.
SEC. __08. ALLOCATION OF INCREASED FORMULA GRANT FUNDS.
The Attorney General shall allocate an increase in the
amount provided to a State under the covered formula grants
under this title such that--
(1) 25 percent the amount of the increase is provided under
the program described in section __02(1)(A); and
(2) 75 percent the amount of the increase is provided under
the program described in section __02(1)(B).
SEC. __09. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
title $5,000,000 for each of fiscal years 2015 through 2019.
The PRESIDING OFFICER. Under the previous order, there will be 2
minutes of debate equally divided prior to a vote on amendment No. 311,
offered by the Senator from Ohio, Mr. Brown.
The Senator from Ohio.
Mr. BROWN. Madam President, women who give birth to a child conceived
through rape can often face intimidation from attackers who--believe it
or not--pursue parental rights.
I was first moved to introduce this bill following the case of Ariel
Castro in Cleveland. He was on trial for kidnapping, raping, and
holding prisoner three women for a decade and then he asked the judge
for parental rights to visit the 6-year-old daughter who was conceived
through his rape.
Madam President, the Brown-Ayotte-Shaheen-Gillibrand-Baldwin
amendment helps protect rape survivors by encouraging States to pass
laws allowing women to petition for the termination of their attacker's
parental rights if there is clear and convincing evidence that the
child was conceived through the rape.
Madam President, I yield 1 minute to my colleague from New Hampshire.
The PRESIDING OFFICER. The Senator from New Hampshire.
Ms. AYOTTE. Madam President, I thank Senator Brown. This is a very
important amendment.
If you are for supporting victims, protecting life and children and
against rapists, vote for this amendment. Unfortunately, rapists too
often try to manipulate their victims by claiming custodial rights over
children, and we need to stand with victims on this issue and allow
States to be incentivized to allow victims to terminate their parental
rights should they choose to have a child and to raise that child
without having the threat of a rapist over their shoulder.
I ask for support on this amendment, and I thank all of my
colleagues. This is a commonsense bill, and I thank Senator Brown for
his leadership.
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 amendment No. 311, offered by the
Senator from Ohio.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. CORNYN. The following Senator is necessarily absent: the Senator
from Texas (Mr. Cruz).
The PRESIDING OFFICER (Mr. Toomey). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 99, nays 0, as follows:
[Rollcall Vote No. 160 Leg.]
YEAS--99
Alexander
Ayotte
Baldwin
Barrasso
Bennet
Blumenthal
Blunt
Booker
Boozman
Boxer
Brown
Burr
Cantwell
Capito
Cardin
Carper
Casey
Cassidy
Coats
Cochran
Collins
Coons
Corker
Cornyn
Cotton
Crapo
Daines
Donnelly
Durbin
Enzi
Ernst
Feinstein
Fischer
Flake
Franken
Gardner
Gillibrand
Graham
Grassley
Hatch
Heinrich
Heitkamp
Heller
Hirono
Hoeven
Inhofe
Isakson
Johnson
Kaine
King
Kirk
Klobuchar
Lankford
Leahy
Lee
Manchin
Markey
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Moran
Murkowski
Murphy
Murray
Nelson
Paul
Perdue
Peters
Portman
Reed
Reid
Risch
Roberts
Rounds
Rubio
Sanders
Sasse
Schatz
Schumer
Scott
Sessions
Shaheen
Shelby
Stabenow
Sullivan
Tester
Thune
Tillis
Toomey
Udall
Vitter
Warner
Warren
Whitehouse
Wicker
Wyden
NOT VOTING--1
Cruz
The PRESIDING OFFICER. Under the previous order requiring 60 votes
for the adoption of this amendment, the amendment is agreed to.
Vote on Amendment No. 1121
The PRESIDING OFFICER. Under the previous order, there will now be 2
minutes of debate equally divided prior to a vote on amendment No.
1121, offered by the Senator from North Carolina, Mr. Burr.
Mr. BURR. Mr. President, we yield back all time.
The PRESIDING OFFICER. Is there objection?
Without objection, all time is yielded back.
Mr. BURR. 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 amendment No. 1121, offered by the
Senator from North Carolina.
The clerk will call the roll.
The senior assistant legislative clerk called the roll.
Mr. CORNYN. The following Senator is necessarily absent: the Senator
from Texas (Mr. Cruz).
Mr. DURBIN. I announce that the Senator from Vermont (Mr. Sanders) is
necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 98, nays 0, as follows:
[Rollcall Vote No. 161 Leg.]
YEAS--98
Alexander
Ayotte
Baldwin
Barrasso
Bennet
Blumenthal
Blunt
Booker
Boozman
Boxer
Brown
Burr
Cantwell
Capito
Cardin
Carper
Casey
Cassidy
Coats
Cochran
Collins
Coons
Corker
Cornyn
Cotton
Crapo
Daines
Donnelly
Durbin
Enzi
Ernst
Feinstein
Fischer
Flake
Franken
Gardner
Gillibrand
Graham
Grassley
Hatch
Heinrich
Heitkamp
Heller
Hirono
Hoeven
Inhofe
Isakson
Johnson
Kaine
King
Kirk
Klobuchar
Lankford
Leahy
Lee
Manchin
Markey
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Moran
Murkowski
Murphy
Murray
Nelson
Paul
Perdue
Peters
Portman
Reed
Reid
Risch
Roberts
Rounds
Rubio
Sasse
Schatz
Schumer
Scott
Sessions
Shaheen
Shelby
Stabenow
Sullivan
Tester
Thune
Tillis
Toomey
Udall
Vitter
Warner
Warren
Whitehouse
Wicker
Wyden
NOT VOTING--2
Cruz
Sanders
The PRESIDING OFFICER. Under the previous order requiring 60 votes
for the adoption of this amendment, the amendment is agreed to.
Amendment No. 273, as Modified
The PRESIDING OFFICER. Under the previous order, there will now be 2
minutes of debate equally divided prior to a vote on amendment No. 273,
as modified, offered by the Senator from Illinois, Mr. Kirk.
The Senator from Illinois.
Mr. KIRK. Mr. President, I rise to speak on amendment No. 273. It
stands for the principle that freedom on the Internet is not the
freedom to enslave others.
I want to make sure this country stands for the principles under the
13th Amendment that we enshrined with Lincoln's victory in the Civil
War, and I urge all Members to adopt this amendment by a strong,
substantial vote to pass the SAVE Act to make sure that providers of
human traffic services do not have freedom to advertise on the
Internet.
Thank you, Mr. President. I yield back.
The PRESIDING OFFICER. The Senator from California.
[[Page S2333]]
Mrs. FEINSTEIN. Mr. President, as the Democratic sponsor of this
amendment, I would like to thank the distinguished Senator from
Illinois for his leadership on this issue. The fact is, this amendment
is essentially the same as the House stand-alone bill that passed
unanimously.
Members, it is a fact that approximately 76 percent of sex
trafficking of underage girls takes place on the Internet--76 percent.
We know at least 19 Web sites that post ads for commercial sex acts
with children. They are paid for so doing.
The amendment essentially does two things. It adds the word
``advertises'' as one of the sex trafficking offense verbs. Second, it
clarifies that only the ``knowing'' intent and not the ``reckless
disregard of the fact'' intent applies to the new offense.
We have checked with the Department of Justice. We believe it meets
constitutional standards. We believe it is necessary and is long
overdue. I urge an ``aye'' vote of all Members.
The PRESIDING OFFICER. The question is on agreeing to amendment No.
273, as modified, offered by the Senator from Illinois.
Mr. CORNYN. 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 clerk will call the roll.
The bill clerk called the roll.
Mr. CORNYN. The following Senator is necessarily absent: the Senator
from Texas (Mr. Cruz).
The result was announced--yeas 97, nays 2, as follows:
[Rollcall Vote No. 162 Leg.]
YEAS--97
Alexander
Ayotte
Baldwin
Barrasso
Bennet
Blumenthal
Blunt
Booker
Boozman
Boxer
Brown
Burr
Capito
Cardin
Carper
Casey
Cassidy
Coats
Cochran
Collins
Coons
Corker
Cornyn
Cotton
Crapo
Daines
Donnelly
Durbin
Enzi
Ernst
Feinstein
Fischer
Flake
Franken
Gardner
Gillibrand
Graham
Grassley
Hatch
Heinrich
Heitkamp
Heller
Hirono
Hoeven
Inhofe
Isakson
Johnson
Kaine
King
Kirk
Klobuchar
Lankford
Leahy
Lee
Manchin
Markey
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Moran
Murkowski
Murphy
Murray
Nelson
Paul
Perdue
Peters
Portman
Reed
Reid
Risch
Roberts
Rounds
Rubio
Sanders
Sasse
Schatz
Schumer
Scott
Sessions
Shaheen
Shelby
Stabenow
Sullivan
Tester
Thune
Tillis
Toomey
Udall
Vitter
Warner
Warren
Whitehouse
Wicker
NAYS--2
Cantwell
Wyden
NOT VOTING--1
Cruz
The PRESIDING OFFICER. Under the previous order requiring 60 votes
for the adoption of this amendment, the amendment, as modified, is
agreed to.
The majority whip.
Amendments Nos. 296; 299, as modified; 279; 1126; 294; 308; 1128; 310;
312; 1122; and 303
Mr. CORNYN. Mr. President, I call up the following amendments en
bloc: Klobuchar No. 296; Hoeven No. 299, as modified; Sullivan No. 279;
Wicker No. 1126; Flake No. 294; Cassidy No. 308; Portman No. 1128;
Brown No. 310; Brown No. 312; Heller No. 1122; and Shaheen No. 303.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The clerk will report the amendments en bloc.
The senior assistant legislative clerk read as follows:
The Senator from Texas [Mr. Cornyn], for others, proposes
amendments numbered 296; 299, as modified; 279; 1126; 294;
308; 1128; 310; 312; 1122; and 303.
The amendments are as follows:
Amendment No. 296
(Purpose: To stop exploitation through trafficking)
At the end of the bill, add the following:
TITLE IV--STOPPING EXPLOITATION THROUGH TRAFFICKING
SEC. 401. SAFE HARBOR INCENTIVES.
Part Q of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd et seq.) is amended--
(1) in section 1701(c), by striking ``where feasible'' and
all that follows, and inserting the following: ``where
feasible, to an application--
``(1) for hiring and rehiring additional career law
enforcement officers that involves a non-Federal contribution
exceeding the 25 percent minimum under subsection (g); or
``(2) from an applicant in a State that has in effect a law
that--
``(A) treats a minor who has engaged in, or has attempted
to engage in, a commercial sex act as a victim of a severe
form of trafficking in persons;
``(B) discourages or prohibits the charging or prosecution
of an individual described in subparagraph (A) for a
prostitution or sex trafficking offense, based on the conduct
described in subparagraph (A); and
``(C) encourages the diversion of an individual described
in subparagraph (A) to appropriate service providers,
including child welfare services, victim treatment programs,
child advocacy centers, rape crisis centers, or other social
services.''; and
(2) in section 1709, by inserting at the end the following:
``(5) `commercial sex act' has the meaning given the term
in section 103 of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7102).
``(6) `minor' means an individual who has not attained the
age of 18 years.
``(7) `severe form of trafficking in persons' has the
meaning given the term in section 103 of the Victims of
Trafficking and Violence Protection Act of 2000 (22 U.S.C.
7102).''.
SEC. 402. REPORT ON RESTITUTION PAID IN CONNECTION WITH
CERTAIN TRAFFICKING OFFENSES.
Section 105(d)(7)(Q) of the Victims of Trafficking and
Violence Protection Act of 2000 (22 U.S.C. 7103(d)(7)(Q)) is
amended--
(1) by inserting after ``1590,'' the following: ``1591,'';
(2) by striking ``and 1594'' and inserting ``1594, 2251,
2251A, 2421, 2422, and 2423'';
(3) in clause (iv), by striking ``and'' at the end;
(4) in clause (v), by striking ``and'' at the end; and
(5) by inserting after clause (v) the following:
``(vi) the number of individuals required by a court order
to pay restitution in connection with a violation of each
offense under title 18, United States Code, the amount of
restitution required to be paid under each such order, and
the amount of restitution actually paid pursuant to each such
order; and
``(vii) the age, gender, race, country of origin, country
of citizenship, and description of the role in the offense of
individuals convicted under each offense; and''.
SEC. 403. NATIONAL HUMAN TRAFFICKING HOTLINE.
Section 107(b)(1)(B) of the Victims of Crime Trafficking
and Violence Protection Act of 2000 (22 U.S.C. 7105(b)(1)(B))
is amended--
(1) by striking ``Subject'' and inserting the following:
``(i) In general.--Subject''; and
(2) by adding at the end the following:
``(ii) National human trafficking hotline.--Beginning in
fiscal year 2017, and in each fiscal year thereafter, of
amounts made available for grants under paragraph (2), the
Secretary of Health and Human Services shall make grants for
a national communication system to assist victims of severe
forms of trafficking in persons in communicating with service
providers. The Secretary shall give priority to grant
applicants that have experience in providing telephone
services to victims of severe forms of trafficking in
persons.''.
SEC. 404. JOB CORPS ELIGIBILITY.
Section 144(a)(3) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3194(a)(3)) is amended by adding
at the end the following:
``(F) A victim of a severe form of trafficking in persons
(as defined in section 103 of the Victims of Trafficking and
Violence Protection Act of 2000 (22 U.S.C. 7102)).
Notwithstanding paragraph (2), an individual described in
this subparagraph shall not be required to demonstrate
eligibility under such paragraph.''.
SEC. 405. CLARIFICATION OF AUTHORITY OF THE UNITED STATES
MARSHALS SERVICE.
Section 566(e)(1) of title 28, United States Code, is
amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after subparagraph (C) the following:
``(D) assist State, local, and other Federal law
enforcement agencies, upon the request of such an agency, in
locating and recovering missing children.''.
SEC. 406. ESTABLISHING A NATIONAL STRATEGY TO COMBAT HUMAN
TRAFFICKING.
(a) In General.--The Attorney General shall implement and
maintain a National Strategy for Combating Human Trafficking
(referred to in this section as the ``National Strategy'') in
accordance with this section.
(b) Required Contents of National Strategy.--The National
Strategy shall include the following:
(1) Integrated Federal, State, local, and tribal efforts to
investigate and prosecute human trafficking cases,
including--
(A) the development by each United States attorney, in
consultation with State, local, and tribal government
agencies, of a district-specific strategic plan to coordinate
the identification of victims and the investigation and
prosecution of human trafficking crimes;
[[Page S2334]]
(B) the appointment of not fewer than 1 assistant United
States attorney in each district dedicated to the prosecution
of human trafficking cases or responsible for implementing
the National Strategy;
(C) the participation in any Federal, State, local, or
tribal human trafficking task force operating in the district
of the United States attorney; and
(D) any other efforts intended to enhance the level of
coordination and cooperation, as determined by the Attorney
General.
(2) Case coordination within the Department of Justice,
including specific integration, coordination, and
collaboration, as appropriate, on human trafficking
investigations between and among the United States attorneys,
the Human Trafficking Prosecution Unit, the Child
Exploitation and Obscenity Section, and the Federal Bureau of
Investigation.
(3) Annual budget priorities and Federal efforts dedicated
to preventing and combating human trafficking, including
resources dedicated to the Human Trafficking Prosecution
Unit, the Child Exploitation and Obscenity Section, the
Federal Bureau of Investigation, and all other entities that
receive Federal support that have a goal or mission to combat
the exploitation of adults and children.
(4) An ongoing assessment of the future trends, challenges,
and opportunities, including new investigative strategies,
techniques, and technologies, that will enhance Federal,
State, local, and tribal efforts to combat human trafficking.
(5) Encouragement of cooperation, coordination, and mutual
support between private sector and other entities and
organizations and Federal agencies to combat human
trafficking, including the involvement of State, local, and
tribal government agencies to the extent Federal programs are
involved.
Amendment No. 299, as modified
(Purpose: To ensure that eligible entities that have only recently
begun collecting data on child human trafficking are not precluded from
being awarded certain grants)
On page 60, between lines 17 and 18, insert the following:
``(4) Eligible entities soliciting data on child human
trafficking.--No eligible entity shall be disadvantaged in
being awarded a grant under subsection (a) on the grounds
that the eligible entity has only recently begun soliciting
data on child human trafficking.''.
Amendment No. 279
(Purpose: To require the Attorney General of the United States to grant
certain requests by State attorneys general to cross designate State
and local attorneys to prosecute individuals for sex trafficking)
At the end, add the following:
SEC. ___. TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND
RELATED CRIMES.
Chapter 117 of title 18, United States Code, is amended by
striking section 2421 and inserting the following:
``Sec. 2421. Transportation generally
``(a) In General.--Whoever knowingly transports any
individual in interstate or foreign commerce, or in any
Territory or Possession of the United States, with intent
that such individual engage in prostitution, or in any sexual
activity for which any person can be charged with a criminal
offense, or attempts to do so, shall be fined under this
title or imprisoned not more than 10 years, or both.
``(b) Requests to Prosecute Violations by State Attorneys
General.--
``(1) In general.--The Attorney General shall grant a
request by a State attorney general that a State or local
attorney be cross designated to prosecute a violation of this
section unless the Attorney General determines that granting
the request would undermine the administration of justice.
``(2) Reason for denial.--If the Attorney General denies a
request under paragraph (1), the Attorney General shall
submit to the State attorney general a detailed reason for
the denial not later than 60 days after the date on which a
request is received.''.
Amendment No. 1126
(Purpose: To direct the Attorney General to create a publicly
accessible database for trafficking victims advocates that contains
information about services for trafficking survivors)
At the end of title I, add the following:
SEC. 118. EDUCATION AND OUTREACH TO TRAFFICKING SURVIVORS.
The Attorney General shall make available, on the website
of the Office of Juvenile Justice and Delinquency Prevention,
a database for trafficking victim advocates, crisis hotline
personnel, foster parents, law enforcement personnel, and
crime survivors that contains information on--
(1) counseling and hotline resources;
(2) housing resources;
(3) legal assistance; and
(4) other services for trafficking survivors.
SEC. 119. EXPANDED STATUTE OF LIMITATIONS FOR CIVIL ACTIONS
BY CHILD TRAFFICKING SURVIVORS.
Section 1595(c) of title 18, United States Code, is amended
by striking ``not later than 10 years after the cause of
action arose.'' and inserting ``not later than the later of--
``(1) 10 years after the cause of action arose; or
``(2) 10 years after the victim reaches 18 years of age, if
the victim was a minor at the time of the alleged offense.''.
Amendment No. 294
(Purpose: To require a GAO study on the programs authorized by the
bill)
At the appropriate place, insert the following:
SEC. __. GAO STUDY AND REPORT.
(a) Study.--The Comptroller General of the United States
shall conduct a study on each program or initiative
authorized under this Act and the following statutes and
evaluate whether any program or initiative is duplicative:
(1) Trafficking Victims Protection Reauthorization Act of
2005 (Public Law 109-164; 119 Stat. 3558).
(2) Trafficking Victims Protection Act of 2000 (22 U.S.C.
7101 et seq.).
(3) Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et
seq.).
(4) Runaway and Homeless Youth Act (42 U.S.C. 5701 et
seq.).
(5) Missing Children's Assistance Act (42 U.S.C. 5771 et
seq.).
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives a report on the study conducted under
subsection (a), which shall include--
(1) a description of the cost of any duplicative program or
initiative studied under subsection (a); and
(2) recommendations on how to achieve cost savings with
respect to each duplicative program or initiative studied
under subsection (a).
Amendment No. 308
(Purpose: To provide for the development and dissemination of evidence-
based best practices for health care professionals to recognize victims
of a severe form of trafficking and respond to such individuals
appropriately, and for other purposes)
At the appropriate place, insert the following:
TITLE __--TRAFFICKING AWARENESS TRAINING FOR HEALTH CARE
SEC. _01. SHORT TITLE.
This title may be cited as the ``Trafficking Awareness
Training for Health Care Act of 2015''.
SEC. __02. DEVELOPMENT OF BEST PRACTICES.
(a) Grant or Contract for Development of Best Practices.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human
Services acting through the Administrator of the Health
Resources and Services Administration, and in consultation
with the Administration on Children and Families and other
agencies with experience in serving victims of human
trafficking, shall award, on a competitive basis, a grant or
contract to an eligible entity to train health care
professionals to recognize and respond to victims of a severe
form of trafficking.
(2) Development of evidence-based best practices.--An
entity receiving a grant under paragraph (1) shall develop
evidence-based best practices for health care professionals
to recognize and respond to victims of a severe form of
trafficking, including--
(A) consultation with law enforcement officials, social
service providers, health professionals, experts in the field
of human trafficking, and other experts, as appropriate, to
inform the development of such best practices;
(B) the identification of any existing best practices or
tools for health professionals to recognize potential victims
of a severe form of trafficking; and
(C) the development of educational materials to train
health care professionals on the best practices developed
under this subsection.
(3) Requirements.--Best practices developed under this
subsection shall address--
(A) risk factors and indicators to recognize victims of a
severe form of trafficking;
(B) patient safety and security;
(C) the management of medical records of patients who are
victims of a severe form of trafficking;
(D) public and private social services available for
rescue, food, clothing, and shelter referrals;
(E) the hotlines for reporting human trafficking maintained
by the National Human Trafficking Resource Center and the
Department of Homeland Security;
(F) validated assessment tools for the identification of
victims of a severe form of trafficking; and
(G) referral options and procedures for sharing information
on human trafficking with a patient and making referrals for
legal and social services as appropriate.
(4) Pilot program.--An entity receiving a grant under
paragraph (1) shall design and implement a pilot program to
test the best practices and educational materials identified
or developed with respect to the recognition of victims of
human trafficking by health professionals at health care
sites located near an established anti-human trafficking task
force initiative in each of the 10 administrative regions of
the Department of Health and Human Services.
(5) Analysis and report.--Not later than 24 months after
the date on which an entity
[[Page S2335]]
implements a pilot program under paragraph (4), the entity
shall--
(A) analyze the results of the pilot programs, including
through an assessment of--
(i) changes in the skills, knowledge, and attitude of
health care professionals resulting from the implementation
of the program;
(ii) the number of victims of a severe form of trafficking
who were identified under the program;
(iii) of those victims identified, the number who received
information or referrals for services offered; and
(iv) of those victims who received such information or
referrals--
(I) the number who participated in follow up services; and
(II) the type of follow up services received;
(B) determine, using the results of the analysis conducted
under subparagraph (A), the extent to which the best
practices developed under this subsection are evidence-based;
and
(C) submit to the Secretary of Health and Human Services a
report concerning the pilot program and the analysis of the
pilot program under subparagraph (A), including an
identification of the best practices that were identified as
effective and those that require further review.
(b) Dissemination.--Not later than 30 months after date on
which a grant is awarded to an eligible entity under
subsection (a), the Secretary of Health and Human Services
shall--
(1) collaborate with appropriate professional associations
and health care professional schools to disseminate best
practices identified or developed under subsection (a) for
purposes of recognizing potential victims of a severe form of
trafficking; and
(2) post on the public website of the Department of Health
and Human Services the best practices that are identified by
the as effective under subsection (a)(5).
SEC. _03. DEFINITIONS.
In this title:
(1) The term ``eligible entity'' means an accredited school
of medicine or nursing with experience in the study or
treatment of victims of a severe form of trafficking.
(2) The term ``eligible site'' means a health center that
is receiving assistance under section 330, 399Z-1, or 1001 of
the Public Health Service Act (42 U.S.C. 254b, 280h-5, and
300).
(3) The term ``health care professional'' means a person
employed by a health care provider who provides to patients
information (including information not related to medical
treatment), scheduling, services, or referrals.
(4) The term ``HIPAA privacy and security law'' has the
meaning given to such term in section 3009 of the Public
Health Service Act (42 U.S.C. 300jj-19).
(5) The term ``victim of a severe form of trafficking'' has
the meaning given to such term in section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
SEC. _04. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.
No additional funds are authorized to be appropriated to
carry out this title, and this title shall be carried out
using amounts otherwise available for such purpose.
Amendment No. 1128
(Purpose: To amend the Child Abuse Prevention and Treatment Act to
enable State child protective services systems to improve the
identification and assessment of child victims of sex trafficking, and
for other purposes)
At the appropriate place, insert the following:
TITLE IV--BETTER RESPONSE FOR VICTIMS OF CHILD SEX TRAFFICKING
SEC. 401. SHORT TITLE.
This title may be cited as the ``Ensuring a Better Response
for Victims of Child Sex Trafficking''.
SEC. 402. CAPTA AMENDMENTS.
(a) In General.--The amendments to the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5101 et seq.) made by
this section shall take effect 2 years after the date of the
enactment of this Act.
(b) State Plans.--Section 106 of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5106a) is amended--
(1) in subsection (b)(2)(B)--
(A) in clause (xxii), by striking ``and'' at the end; and
(B) by adding at the end the following:
``(xxiv) provisions and procedures requiring identification
and assessment of all reports involving children known or
suspected to be victims of sex trafficking (as defined in
section 103(10) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102 (10)); and
``(xxv) provisions and procedures for training child
protective services workers about identifying, assessing, and
providing comprehensive services for children who are sex
trafficking victims, including efforts to coordinate with
State law enforcement, juvenile justice, and social service
agencies such as runaway and homeless youth shelters to serve
this population;''; and
(2) in subsection (d), by adding at the end the following:
``(17) The number of children determined to be victims
described in subsection (b)(2)(B)(xxiv).''.
(c) Special Rule.--
(1) In general.--Section 111 of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5106g) is amended--
(A) by striking ``For purposes'' and inserting the
following:
``(a) Definitions.--For purposes''; and
(B) by adding at the end the following:
``(b) Special Rule.--
``(1) In general.--For purposes of section 3(2) and
subsection (a)(4), a child shall be considered a victim of
`child abuse and neglect' and of `sexual abuse' if the child
is identified, by a State or local agency employee of the
State or locality involved, as being a victim of sex
trafficking (as defined in paragraph (10) of section 103 of
the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102)) or a victim of severe forms of trafficking in persons
described in paragraph (9)(A) of that section.
``(2) State option.--Notwithstanding the definition of
`child' in section 3(1), a State may elect to define that
term for purposes of the application of paragraph (1) to
section 3(2) and subsection (a)(4) as a person who has not
attained the age of 24.''.
(2) Conforming amendment.--Section 3(2) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5101 note) is amended
by inserting ``(including sexual abuse as determined under
section 111)'' after ``sexual abuse or exploitation''.
(3) Technical correction.--Paragraph (5)(C) of subsection
(a), as so designated, of section 111 of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106g) is amended by
striking ``inhumane;'' and inserting ``inhumane.''.
Amendment No. 310
(Purpose: To allow grants under the victim-centered child human
trafficking deterrence block grant program to be used for assisting law
enforcement agencies in finding homeless and runaway youth)
On page 57, between lines 2 and 3, insert the following:
``(3) activities of law enforcement agencies to find
homeless and runaway youth, including salaries and associated
expenses for retired Federal law enforcement officers
assisting the law enforcement agencies in finding homeless
and runaway youth; and
Amendment No. 312
(Purpose: To amend the Trafficking Victims Protection Act of 2000 to
expand the training for Federal Government personnel related to
trafficking in persons, and for other purposes)
At the end of title II, add the following:
Subtitle D--Expanded Training
SEC. 231. EXPANDED TRAINING RELATING TO TRAFFICKING IN
PERSONS.
Section 105(c)(4) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7105(c)(4)) is amended--
(1) by striking ``Appropriate personnel'' and inserting the
following:
``(A) In general.--Appropriate personnel'';
(2) in subparagraph (A), as redesignated, by inserting ``,
including members of the Service (as such term is defined in
section 103 of the Foreign Service Act of 1980 (22 U.S.C.
3903))'' after ``Department of State''; and
(3) by adding at the end the following:
``(B) Training components.--Training under this paragraph
shall include--
``(i) a distance learning course on trafficking-in-persons
issues and the Department of State's obligations under this
Act, which shall be designed for embassy reporting officers,
regional bureaus' trafficking-in-persons coordinators, and
their superiors;
``(ii) specific trafficking-in-persons briefings for all
ambassadors and deputy chiefs of mission before such
individuals depart for their posts; and
``(iii) at least annual reminders to all personnel referred
to in clauses (i) and (ii), including appropriate personnel
from other Federal departments and agencies, at each
diplomatic or consular post of the Department of State
located outside the United States of--
``(I) key problems, threats, methods, and warning signs of
trafficking in persons specific to the country or
jurisdiction in which each such post is located; and
``(II) appropriate procedures to report information that
any such personnel may acquire about possible cases of
trafficking in persons.''.
Amendment No. 1122
(Purpose: To direct the Secretary of Homeland Security to train
Department of Homeland Security personnel how to effectively deter,
detect, disrupt, and prevent human trafficking during the course of
their primary roles and responsibilities)
At the end of the bill, add the following:
TITLE IV--ANTI-TRAFFICKING TRAINING FOR DEPARTMENT OF HOMELAND SECURITY
PERSONNEL
SEC. 401. DEFINITIONS.
In this title:
(1) Department.--The term ``Department'' means the
Department of Homeland Security.
(2) Human trafficking.--The term ``human trafficking''
means an act or practice described in paragraph (9) or (10)
of section 103 of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 402. TRAINING FOR DEPARTMENT PERSONNEL TO IDENTIFY HUMAN
TRAFFICKING.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall implement a
program to--
[[Page S2336]]
(1) train and periodically retrain relevant Transportation
Security Administration, U.S. Customs and Border Protection,
and other Department personnel that the Secretary considers
appropriate, with respect to how to effectively deter,
detect, and disrupt human trafficking, and, where
appropriate, interdict a suspected perpetrator of human
trafficking, during the course of their primary roles and
responsibilities; and
(2) ensure that the personnel referred to in paragraph (1)
regularly receive current information on matters related to
the detection of human trafficking, including information
that becomes available outside of the Department's initial or
periodic retraining schedule, to the extent relevant to their
official duties and consistent with applicable information
and privacy laws.
(b) Training Described.--The training referred to in
subsection (a) may be conducted through in-class or virtual
learning capabilities, and shall include--
(1) methods for identifying suspected victims of human
trafficking and, where appropriate, perpetrators of human
trafficking;
(2) for appropriate personnel, methods to approach a
suspected victim of human trafficking, where appropriate, in
a manner that is sensitive to the suspected victim and is not
likely to alert a suspected perpetrator of human trafficking;
(3) training that is most appropriate for a particular
location or environment in which the personnel receiving such
training perform their official duties;
(4) other topics determined by the Secretary to be
appropriate; and
(5) a post-training evaluation for personnel receiving the
training.
(c) Training Curriculum Review.--The Secretary shall
annually reassess the training program established under
subsection (a) to ensure it is consistent with current
techniques, patterns, and trends associated with human
trafficking.
SEC. 403. CERTIFICATION AND REPORT TO CONGRESS.
(a) Certification.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall certify to
Congress that all personnel referred to in section 402(a)
have successfully completed the training required under that
section.
(b) Report to Congress.--Not later than 1 year after the
date of the enactment of this Act and annually thereafter,
the Secretary shall report to Congress with respect to the
overall effectiveness of the program required by this title,
the number of cases reported by Department personnel in which
human trafficking was suspected, and, of those cases, the
number of cases that were confirmed cases of human
trafficking.
SEC. 404. ASSISTANCE TO NON-FEDERAL ENTITIES.
The Secretary may provide training curricula to any State,
local, or tribal government or private organization to assist
the government or organization in establishing a program of
training to identify human trafficking, upon request from the
government or organization.
SEC. 405. EXPANDED USE OF DOMESTIC TRAFFICKING VICTIMS' FUND.
Section 3014(e)(1) of title 18, United States Code, as
added by section 101 of this Act, is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) section 106 of the PROTECT Our Children Act of 2008
(42 U.S.C. 17616).''.
Amendment No. 303
(Purpose: To aid human trafficking victims' recovery and
rehabilitation)
At the end, add the following:
TITLE __--HUMAN TRAFFICKING SURVIVORS RELIEF AND EMPOWERMENT ACT
SECTION _01. SHORT TITLE.
This title may be cited as the ``Human Trafficking
Survivors Relief and Empowerment Act of 2015''.
SEC. _02. PROTECTIONS FOR HUMAN TRAFFICKING SURVIVORS.
Section 1701(c) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796dd(c)) is amended by
striking ``where feasible'' and all that follows, and
inserting the following: ``where feasible, to an
application--
``(1) for hiring and rehiring additional career law
enforcement officers that involves a non-Federal contribution
exceeding the 25 percent minimum under subsection (g); or
``(2) from an applicant in a State that has in effect a
law--
``(A) that--
``(i) provides a process by which an individual who is a
human trafficking survivor can move to vacate any arrest or
conviction records for a non-violent offense committed as a
direct result of human trafficking, including prostitution or
lewdness;
``(ii) establishes a rebuttable presumption that any arrest
or conviction of an individual for an offense associated with
human trafficking is a result of being trafficked, if the
individual--
``(I) is a person granted nonimmigrant status pursuant to
section 101(a)(15)(T)(i) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(T)(i));
``(II) is the subject of a certification by the Secretary
of Health and Human Services under section 107(b)(1)(E) of
the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7105(b)(1)(E)); or
``(III) has other similar documentation of trafficking,
which has been issued by a Federal, State, or local agency;
and
``(iii) protects the identity of individuals who are human
trafficking survivors in public and court records; and
``(B) that does not require an individual who is a human
trafficking survivor to provide official documentation as
described in subclause (I), (II), or (III) of subparagraph
(A)(ii) in order to receive protection under the law.''.
Mr. CORNYN. Mr. President, I ask unanimous consent that Senators
Sullivan, Cassidy, Wicker, Klobuchar, and Portman each be recognized to
speak for 1 minute.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The Senator from Alaska.
Amendment No. 279
Mr. SULLIVAN. Mr. President, I rise in support of amendment No. 279,
the Mann Act cooperation amendment. This is a simple amendment with
strong bipartisan support.
I appreciate the cosponsors, Senators Murkowski, Ayotte, Heitkamp,
and Gillibrand.
What this amendment will do, it will increase prosecutions of human
trafficking without an increase in cost. It allows and encourages
Federal prosecutors to work with State officials to prosecute Mann Act
violations and increases transparency.
The key goal of this amendment is to enable the resources and
cooperation between State and Federal prosecutors to ensure all cases
of human trafficking are pursued and victims have justice.
I encourage my colleagues to support this amendment.
The PRESIDING OFFICER. The Senator from Mississippi.
Amendment No. 1126
Mr. WICKER. Mr. President, I rise in strong support of the underlying
bill. I thank the leadership on both sides for coming to a bipartisan
agreement, and I thank the leadership for agreeing to take the Wicker
amendment by a voice vote.
My amendment does two things. Simply, it extends the statute of
limitations to allow child victims to file civil lawsuits against
perpetrators up to 10 years after they reach the age of 18, rather than
10 years after the cause of action arises. Secondly, my amendment
creates a Department of Justice data base for education and outreach.
Trafficking is a complex issue, and it will take a comprehensive
approach to facility adequate support for victims.
That is what the Wicker amendment does.
I urge an ``aye'' vote when we take it by voice.
The PRESIDING OFFICER. The Senator from Ohio.
Amendment No. 1128
Mr. PORTMAN. Mr. President, I rise to express strong support for the
underlying bill and also my appreciation to the managers of the bill
for including the en bloc amendments. One I offered is entitled the
``Ensuring a Better Response for Victims of Child Sex Trafficking,''
part of a larger bill we passed last year.
This one ensures all children who are sex-trafficked will be
classified as child abuse victims for purposes of the Child Abuse
Prevention and Treatment Act.
Currently, sex trafficking of a minor is not considered child abuse
unless a parent or caregiver was directly involved in the child's
exploitation. This amendment clarifies that a child victim of sex
trafficking is a victim of child abuse and, therefore, can be eligible
for the services as they recover.
Over the past couple of days, we have made some great progress,
including putting aside partisan divides in coming together to combat
human trafficking, a heinous criminal industry that all of us want to
stop.
I am proud my bringing missing children home legislation with Senator
Schumer, as well as my Combat Human Trafficking Act with Senator
Feinstein is on the floor and have been included in the underlying
bill. We have made a lot of progress, and we are a few steps closer to
actually ending trafficking for once and for all.
I particularly congratulate Senator Cornyn and Senator Klobuchar for
their hard work in bringing this to the floor and doing something
important to fight human trafficking.
[[Page S2337]]
The PRESIDING OFFICER. The Senator from Minnesota.
Amendment No. 296
Ms. KLOBUCHAR. Mr. President, I am speaking in favor of the
Klobuchar-Cornyn amendment No. 296. This is a very important policy
amendment.
It basically encourages States across the country--we already have 15
States doing this--not to prosecute victims of sex trafficking and to
treat them as victims--not as criminals--so they don't end up in jail.
It also sets forth a national sex-trafficking strategy. It also
qualifies these victims for job training programs. Then, finally, it
includes a very important bill that Senator Whitehouse and Senator
Sessions had that helps Federal marshals to track down victims of sex
trafficking.
I thank my coauthor and all 26 cosponsors of this amendment. Senator
Cornyn--I know we will talk later about the underlying bill, but this
is a bipartisan effort from beginning to end and a very important
policy bill.
I yield the floor.
The PRESIDING OFFICER. The Senator from Louisiana.
Amendment No. 308
Mr. CASSIDY. Mr. President, I rise in favor of the Cassidy-Peters
amendment.
I am a physician who has been working in a public hospital for 30
years. I am aware the following is true: 90 percent of victims in a
recent survey saw a nurse or doctor or other health care professional
while being held captive.
If those health care workers had the training and tools to identify
the signs and symptoms of those being trafficked, they can make the
appropriate referral and help them escape that terrible existence.
This amendment will provide for the development of best practices to
enable health care workers to recognize and assist victims of human
trafficking.
If passed today, this will help women and children in Louisiana,
Michigan, and across the Nation rebuild their lives.
I thank Senator Peters for joining this effort, and I urge my
colleagues to support this bipartisan amendment.
Mr. President, I yield back the remainder of my time.
Vote on Amendment No. 296
The PRESIDING OFFICER. Under the previous order, the question is on
agreeing to the Klobuchar amendment No. 296.
The amendment (No. 296) was agreed to.
Vote on Amendment No. 299, as Modified
The PRESIDING OFFICER. The question is on agreeing to the Hoeven
amendment No. 299, as modified.
The amendment (No. 299), as modified, was agreed to.
Vote on Amendment No. 279
The PRESIDING OFFICER. The question is on agreeing to the Sullivan
amendment No. 279.
The amendment (No. 279) was agreed to.
Vote on Amendment No. 1126
The PRESIDING OFFICER. The question is on agreeing to the Wicker
amendment No. 1126.
The amendment (No. 1126) was agreed to.
Vote on Amendment No. 294
The PRESIDING OFFICER. The question is on agreeing to the Flake
amendment No. 294.
The amendment (No. 294) was agreed to.
Vote on Amendment No. 308
The PRESIDING OFFICER. The question is on agreeing to the Cassidy
amendment No. 308.
The amendment (No. 308) was agreed to.
Vote on Amendment No. 1128
The PRESIDING OFFICER. The question is on agreeing to the Portman
amendment No. 1128.
The amendment (No. 1128) was agreed to.
Vote on Amendment No. 310
The PRESIDING OFFICER. The question is on agreeing to the Brown
amendment No. 310.
The amendment (No. 310) was agreed to.
Vote on Amendment No. 312
The PRESIDING OFFICER. The question is on agreeing to the Brown
amendment No. 312.
The amendment (No. 312) was agreed to.
Vote on Amendment No. 1122
The PRESIDING OFFICER. The question is on agreeing to the Heller
amendment No. 1122.
The amendment (No. 1122) was agreed to.
Vote on Amendment No. 303
The PRESIDING OFFICER. The question is on agreeing to the Shaheen
amendment No. 303.
The amendment (No. 303) was agreed to.
The PRESIDING OFFICER. The Senate majority whip.
Mr. CORNYN. Mr. President, I ask unanimous consent that the Senator
from Minnesota and I be permitted to speak for up to 1 minute each
prior to the vote on final passage.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The Senator from Minnesota.
Ms. KLOBUCHAR. Mr. President, I first of all want to thank Senator
Cornyn. We have been working on these bills for over 1 year. I want to
thank Senator Leahy and Senator Grassley for their leadership on the
Judiciary Committee, Senator Murray for her work in negotiating this
agreement and working with us, as well as so many other people who have
been involved in working on this bill.
Through the last month, I think every so often people have forgotten
what this really is about. This is about victims of sex trafficking,
with an average age of 12 years old--not even old enough to get their
own driver's license, not even old enough to go to a high school prom.
Yet this is happening all over the country, from the oil patches of
North Dakota to the suburbs of Minneapolis.
What this bill does and what this Senate is doing today is saying we
want to be there in our country for these victims. We are going to pay
for services. We are actually going to change some policies so that
when we go to the rest of the world and look at something that is now
the third biggest international criminal enterprise in the world, when
we look at what Boko Haram is doing in Nigeria and in other countries,
we can hold our heads up high and say that in the Senate we are finally
doing something about this and our country is united across party lines
against this practice.
Again, I thank Senator Cornyn for what he has done.
The PRESIDING OFFICER. The majority whip.
Mr. CORNYN. Mr. President, Winston Churchill supposedly once said:
The Americans always do the right thing after they exhaust every other
possibility. And you might say the same thing about the Senate when it
comes to the Justice for Victims of Trafficking Act. This has been a
long strange journey here to final passage, but here we are. And we
have kept our focus all along on the victims--typically, a girl of 12
to 14 years old who has been sex trafficked and who has been treated as
a common object and enslaved.
This is a terrible, heinous crime, but one that most of us don't see
because it operates outside of our vision and our experience. We are
throwing a lifeline to these victims of human trafficking by providing
them real resources to help them--to help first to rescue them and then
to help them heal.
This is a good day for the Senate because we are doing the right
thing for people who have no voice. We are their voice, and we are
going to get this done in a way that provides them some real help.
I want to thank all of our colleagues here on a bipartisan basis. It
was a rocky trip here. But we got here. That is what counts, because we
are providing necessary and needed help for these victims of human
trafficking.
I yield the floor.
The PRESIDING OFFICER. Under the previous order, the committee-
reported substitute amendment, as amended, to S. 178 is agreed to.
The bill was ordered to be engrossed for a third reading and was read
the third time.
The PRESIDING OFFICER. Under the previous order, the bill having been
read the third time, the question is, Shall it pass?
Mr. JOHNSON. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The clerk will call the roll.
[[Page S2338]]
The senior assistant legislative clerk called the roll.
Mr. CORNYN. The following Senator is necessarily absent: the Senator
from Texas (Mr. Cruz).
The result was announced--yeas 99, nays 0, as follows:
[Rollcall Vote No. 163 Leg.]
YEAS--99
Alexander
Ayotte
Baldwin
Barrasso
Bennet
Blumenthal
Blunt
Booker
Boozman
Boxer
Brown
Burr
Cantwell
Capito
Cardin
Carper
Casey
Cassidy
Coats
Cochran
Collins
Coons
Corker
Cornyn
Cotton
Crapo
Daines
Donnelly
Durbin
Enzi
Ernst
Feinstein
Fischer
Flake
Franken
Gardner
Gillibrand
Graham
Grassley
Hatch
Heinrich
Heitkamp
Heller
Hirono
Hoeven
Inhofe
Isakson
Johnson
Kaine
King
Kirk
Klobuchar
Lankford
Leahy
Lee
Manchin
Markey
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Moran
Murkowski
Murphy
Murray
Nelson
Paul
Perdue
Peters
Portman
Reed
Reid
Risch
Roberts
Rounds
Rubio
Sanders
Sasse
Schatz
Schumer
Scott
Sessions
Shaheen
Shelby
Stabenow
Sullivan
Tester
Thune
Tillis
Toomey
Udall
Vitter
Warner
Warren
Whitehouse
Wicker
Wyden
NOT VOTING--1
Cruz
The bill (S. 178), as amended, was passed, as follows:
S. 178
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Justice
for Victims of Trafficking Act of 2015''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--JUSTICE FOR VICTIMS OF TRAFFICKING
Sec. 101. Domestic Trafficking Victims' Fund.
Sec. 102. Clarifying the benefits and protections offered to domestic
victims of human trafficking.
Sec. 103. Victim-centered child human trafficking deterrence block
grant program.
Sec. 104. Direct services for victims of child pornography.
Sec. 105. Increasing compensation and restitution for trafficking
victims.
Sec. 106. Streamlining human trafficking investigations.
Sec. 107. Enhancing human trafficking reporting.
Sec. 108. Reducing demand for sex trafficking.
Sec. 109. Sense of Congress.
Sec. 110. Using existing task forces and components to target offenders
who exploit children.
Sec. 111. Targeting child predators.
Sec. 112. Monitoring all human traffickers as violent criminals.
Sec. 113. Crime victims' rights.
Sec. 114. Combat Human Trafficking Act.
Sec. 115. Survivors of Human Trafficking Empowerment Act.
Sec. 116. Bringing Missing Children Home Act.
Sec. 117. Grant accountability.
Sec. 118. SAVE Act.
Sec. 119. Education and outreach to trafficking survivors.
Sec. 120. Expanded statute of limitations for civil actions by child
trafficking survivors.
Sec. 121. GAO study and report.
TITLE II--COMBATING HUMAN TRAFFICKING
Subtitle A--Enhancing Services for Runaway and Homeless Victims of
Youth Trafficking
Sec. 201. Amendments to the Runaway and Homeless Youth Act.
Subtitle B--Improving the Response to Victims of Child Sex Trafficking
Sec. 211. Response to victims of child sex trafficking.
Subtitle C--Interagency Task Force to Monitor and Combat Trafficking
Sec. 221. Victim of trafficking defined.
Sec. 222. Interagency task force report on child trafficking primary
prevention.
Sec. 223. GAO Report on intervention.
Sec. 224. Provision of housing permitted to protect and assist in the
recovery of victims of trafficking.
Subtitle D--Expanded Training
Sec. 231. Expanded training relating to trafficking in persons.
TITLE III--HERO ACT
Sec. 301. Short title.
Sec. 302. HERO Act.
Sec. 303. Transportation for illegal sexual activity and related
crimes.
TITLE IV--RAPE SURVIVOR CHILD CUSTODY
Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Findings.
Sec. 404. Increased funding for formula grants authorized.
Sec. 405. Application.
Sec. 406. Grant increase.
Sec. 407. Period of increase.
Sec. 408. Allocation of increased formula grant funds.
Sec. 409. Authorization of appropriations.
TITLE V--MILITARY SEX OFFENDER REPORTING
Sec. 501. Short title.
Sec. 502. Registration of sex offenders released from military
corrections facilities or upon conviction.
TITLE VI--STOPPING EXPLOITATION THROUGH TRAFFICKING
Sec. 601. Safe Harbor Incentives.
Sec. 602. Report on restitution paid in connection with certain
trafficking offenses.
Sec. 603. National human trafficking hotline.
Sec. 604. Job corps eligibility.
Sec. 605. Clarification of authority of the United States Marshals
Service.
Sec. 606. Establishing a national strategy to combat human trafficking.
TITLE VII--TRAFFICKING AWARENESS TRAINING FOR HEALTH CARE
Sec. 701. Short title.
Sec. 702. Development of best practices.
Sec. 703. Definitions.
Sec. 704. No additional authorization of appropriations.
TITLE VIII--BETTER RESPONSE FOR VICTIMS OF CHILD SEX TRAFFICKING
Sec. 801. Short title.
Sec. 802. CAPTA amendments.
TITLE IX--ANTI-TRAFFICKING TRAINING FOR DEPARTMENT OF HOMELAND SECURITY
PERSONNEL
Sec. 901. Definitions.
Sec. 902. Training for Department personnel to identify human
trafficking.
Sec. 903. Certification and report to Congress.
Sec. 904. Assistance to non-Federal entities.
Sec. 905. Expanded use of Domestic Trafficking Victims' Fund.
TITLE X--HUMAN TRAFFICKING SURVIVORS RELIEF AND EMPOWERMENT ACT
Sec. 1001. Short title.
Sec. 1002. Protections for human trafficking survivors.
TITLE I--JUSTICE FOR VICTIMS OF TRAFFICKING
SEC. 101. 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 General.--Beginning on the date of enactment of
the Justice for Victims of Trafficking Act of 2015 and ending
on September 30, 2019, in addition to the assessment imposed
under section 3013, the court shall assess an amount of
$5,000 on any non-indigent person or entity convicted of an
offense under--
``(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
``(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) Satisfaction of Other Court-Ordered Obligations.--An
assessment under subsection (a) shall not be payable until
the person subject to the assessment has satisfied all
outstanding court-ordered fines, orders of restitution, and
any other obligation related to victim-compensation arising
from the criminal convictions on which the special assessment
is based.
``(c) Establishment of Domestic Trafficking Victims'
Fund.--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) Transfers.--In a manner consistent with section
3302(b) of title 31, there shall be transferred to the Fund
from the General Fund of the Treasury an amount equal to the
amount of the assessments collected under this section, which
shall remain available until expended.
``(e) Use of Funds.--
``(1) In general.--From amounts in the Fund, in addition to
any other amounts available, and without further
appropriation, the Attorney General, in coordination with the
Secretary of Health and Human Services shall, for each of
fiscal years 2016 through 2019, use amounts available in the
Fund to award grants or enhance victims' programming under--
``(A) section 204 of the Trafficking Victims Protection
Reauthorization Act of 2005 (42 U.S.C. 14044c);
[[Page S2339]]
``(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) Limitation.--Except as provided in subsection (h)(2),
none of the amounts in the Fund may be used to provide health
care or medical items or services.
``(f) Collection Method.--The amount assessed under
subsection (a) shall, subject to subsection (b), be collected
in the manner that fines are collected in criminal cases.
``(g) Duration of Obligation.--Subject to section 3613(b),
the obligation to pay an assessment imposed on or after the
date of enactment of the Justice for Victims of Trafficking
Act of 2015 shall not cease until the assessment is paid in
full.
``(h) Health or Medical Services.--
``(1) Transfer of funds.--From amounts appropriated under
section 10503(b)(1)(E) of the Patient Protection and
Affordable Care Act (42 U.S.C. 254b-2(b)(1)(E)), as amended
by section 221 of the Medicare Access and CHIP
Reauthorization Act of 2015, there shall be transferred to
the Fund an amount equal to the amount transferred under
subsection (d) for each fiscal year, except that the amount
transferred under this paragraph shall not be less than
$5,000,000 or more than $30,000,000 in each such fiscal year,
and such amounts shall remain available until expended.
``(2) Use of funds.--The Attorney General, in coordination
with the Secretary of Health and Human Services, shall use
amounts transferred to the Fund under paragraph (1) to award
grants that may be used for the provision of health care or
medical items or services to victims of trafficking 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)).
``(3) Grants.--Of the amounts in the Fund used under
paragraph (1), not less than $2,000,000, if such amounts are
available in the Fund during the relevant fiscal year, 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)).
``(4) Application of provision.--The application of the
provisions of section 221(c) of the Medicare Access and CHIP
Reauthorization Act of 2015 shall continue to apply to the
amounts transferred pursuant to paragraph (1).''.
(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. 102. CLARIFYING THE BENEFITS AND PROTECTIONS OFFERED TO
DOMESTIC VICTIMS OF HUMAN TRAFFICKING.
Section 107(b)(1) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7105(b)(1)) is amended--
(1) by redesignating subparagraphs (F) and (G) as
subparagraphs (G) and (H), respectively;
(2) by inserting after subparagraph (E) the following:
``(F) No requirement of official certification for united
states citizens and lawful permanent residents.--Nothing in
this section may be construed to require United States
citizens or lawful permanent residents who are victims of
severe forms of trafficking to obtain an official
certification from the Secretary of Health and Human Services
in order to access any of the specialized services described
in this subsection or any other Federal benefits and
protections to which they are otherwise entitled.''; and
(3) in subparagraph (H), as redesignated, by striking
``subparagraph (F)'' and inserting ``subparagraph (G)''.
SEC. 103. VICTIM-CENTERED CHILD 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 award
block grants to an eligible entity to develop, improve, or
expand 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; and
``(E) utilize, 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, and other laws aimed at
the investigation and prosecution of child human trafficking;
``(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;
``(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) nongovernmental organizations and shelter service
providers with substantial experience in delivering wrap-
around services to victims of child human trafficking; and
``(E) the establishment or enhancement of other necessary
victim assistance programs or personnel, such as victim or
child advocates, child-protective services, child forensic
interviews, or other necessary service providers;
``(3) activities of law enforcement agencies to find
homeless and runaway youth, including salaries and associated
expenses for retired Federal law enforcement officers
assisting the law enforcement agencies in finding homeless
and runaway youth; and
``(4) 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, including case worker or child welfare
supervision in collaboration with judicial officers, 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 nongovernmental
organizations with substantial experience in delivering wrap-
around services to victims of child human trafficking to
provide services to victims and encourage cooperation with
law enforcement.
``(c) Application.--
[[Page S2340]]
``(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;
``(C) provide such additional information and assurances as
the Attorney General determines to be necessary to ensure
compliance with the requirements of this section; and
``(D) disclose--
``(i) any other grant funding from the Department of
Justice or from any other Federal department or agency for
purposes similar to those described in subsection (b) for
which the eligible entity has applied, and which application
is pending on the date of the submission of an application
under this section; and
``(ii) any other such grant funding that the eligible
entity has received during the 5-year period ending on the
date of the submission of an application under 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.
``(4) Eligible entities soliciting data on child human
trafficking.--No eligible entity shall be disadvantaged in
being awarded a grant under subsection (a) on the grounds
that the eligible entity has only recently begun soliciting
data on child human trafficking.
``(d) Duration and Renewal of Award.--
``(1) In general.--A grant under this section shall expire
3 years after the date of award of the grant.
``(2) Renewal.--A grant under this section shall be
renewable not more than 2 times and for a period of not
greater than 2 years.
``(e) Evaluation.--The Attorney General shall--
``(1) enter into a contract with a nongovernmental
organization, including an academic or nonprofit
organization, that has experience with issues related to
child human trafficking and evaluation of grant programs to
conduct periodic evaluations of grants made under this
section to determine the impact and effectiveness of programs
funded with grants awarded under this section;
``(2) instruct the Inspector General of the Department of
Justice to review evaluations issued under paragraph (1) to
determine the methodological and statistical validity of the
evaluations; and
``(3) submit the results of any evaluation conducted
pursuant to paragraph (1) to--
``(A) the Committee on the Judiciary of the Senate; and
``(B) the Committee on the Judiciary of the House of
Representatives.
``(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 5 percent
of the total amount expended 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, and in all subsequent
years.
``(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 2016 through 2020.
``(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; and
``(D) 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. 104. 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. 105. INCREASING COMPENSATION AND RESTITUTION FOR
TRAFFICKING VICTIMS.
(a) Amendments to Title 18.--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''; and
(ii) by inserting ``, and any property traceable to such
property'' after ``such violation''; and
(B) in paragraph (2), by inserting ``, or any property
traceable to such property'' after ``such violation'';
(2) in subsection (e)(1)(A)--
(A) by striking ``used or'' and inserting ``involved in,
used, or''; and
(B) by inserting ``, and any property traceable to such
property'' after ``any violation of this chapter'';
(3) by redesignating subsection (f) as subsection (g); and
(4) by inserting after subsection (e) the following:
``(f) Transfer of Forfeited Assets.--
``(1) In general.--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.
``(2) Priority.--Transfers pursuant to paragraph (1) shall
have priority over any other claims to the assets or their
proceeds.
``(3) Use of nonforfeited assets.--Transfers pursuant to
paragraph (1) shall not reduce or otherwise mitigate the
obligation of a person convicted of a violation of this
chapter to satisfy the full amount of a restitution order
through the use of non-forfeited assets or to reimburse the
Attorney General for the value of assets or proceeds
transferred under this subsection through the use of
nonforfeited assets.''.
[[Page S2341]]
(b) Amendment to Title 28.--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) Amendments to Title 31.--
(1) In general.--Chapter 97 of title 31, United States
Code, is amended--
(A) by redesignating section 9703 (as added by section
638(b)(1) of the Treasury, Postal Service, and General
Government Appropriations Act, 1993 (Public Law 102-393; 106
Stat. 1779)) as section 9705; and
(B) in section 9705(a), as redesignated--
(i) in paragraph (1)--
(I) in subparagraph (I)--
(aa) by striking ``payment'' and inserting ``Payment''; and
(bb) by striking the semicolon at the end and inserting a
period; and
(II) in subparagraph (J), by striking ``payment'' and
inserting ``Payment''; and
(ii) in paragraph (2)--
(I) in subparagraph (B)--
(aa) in clause (iii)--
(AA) in subclause (I), by striking ``or'' and inserting
``of''; and
(BB) in subclause (III), by striking ``and'' at the end;
(bb) in clause (iv), by striking the period at the end and
inserting ``; and''; and
(cc) by inserting after clause (iv) the following:
``(v) United States Immigration and Customs Enforcement
with respect to a violation of chapter 77 of title 18
(relating to human trafficking);'';
(II) in subparagraph (G), by adding ``and'' at the end; and
(III) in subparagraph (H), by striking ``; and'' and
inserting a period.
(2) Technical and conforming amendments.--
(A) Cross references.--
(i) Title 28.--Section 524(c) of title 28, United States
Code, is amended--
(I) in paragraph (4)(C), by striking ``section
9703(g)(4)(A)(ii)'' and inserting ``section 9705(g)(4)(A)'';
(II) in paragraph (10), by striking ``section 9703(p)'' and
inserting ``section 9705(o)''; and
(III) in paragraph (11), by striking ``section 9703'' and
inserting ``section 9705''.
(ii) Title 31.--Title 31, United States Code, is amended--
(I) in section 312(d), by striking ``section 9703'' and
inserting ``section 9705''; and
(II) in section 5340(1), by striking ``section 9703(p)(1)''
and inserting ``section 9705(o)''.
(iii) Title 39.--Section 2003(e)(1) of title 39, United
States Code, is amended by striking ``section 9703(p)'' and
inserting ``section 9705(o)''.
(B) Table of sections.--The table of sections for chapter
97 of title 31, United States Code, is amended to read as
follows:
``9701. Fees and charges for Government services and things of value.
``9702. Investment of trust funds.
``9703. Managerial accountability and flexibility.
``9704. Pilot projects for managerial accountability and flexibility.
``9705. Department of the Treasury Forfeiture Fund.''.
SEC. 106. STREAMLINING HUMAN TRAFFICKING INVESTIGATIONS.
Section 2516 of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (a), by inserting a comma after
``weapons)'';
(B) in subparagraph (c)--
(i) by inserting ``section 1581 (peonage), section 1584
(involuntary servitude), section 1589 (forced labor), section
1590 (trafficking with respect to peonage, slavery,
involuntary servitude, or forced labor),'' before ``section
1591'';
(ii) by inserting ``section 1592 (unlawful conduct with
respect to documents in furtherance of trafficking, peonage,
slavery, involuntary servitude, or forced labor),'' before
``section 1751'';
(iii) by inserting a comma after ``virus)'';
(iv) by striking ``,, section'' and inserting a comma;
(v) by striking ``or'' after ``misuse of passports),''; and
(vi) by inserting ``or'' before ``section 555'';
(C) in subparagraph (j), by striking ``pipeline,)'' and
inserting ``pipeline),''; and
(D) in subparagraph (p), by striking ``documents, section
1028A (relating to aggravated identity theft))'' and
inserting ``documents), section 1028A (relating to aggravated
identity theft)''; and
(2) in paragraph (2), by inserting ``human trafficking,
child sexual exploitation, child pornography production,''
after ``kidnapping''.
SEC. 107. ENHANCING HUMAN TRAFFICKING REPORTING.
Section 505 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3755) is amended by
adding at the end the following:
``(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)).''.
SEC. 108. 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''.
(c) Purpose.--The purpose of the amendments made by this
section is to clarify the range of conduct punished as sex
trafficking.
SEC. 109. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) section 1591 of title 18, United States Code, defines a
sex trafficker as a person who ``knowingly. . .recruits,
entices, harbors, transports, provides, obtains, or maintains
by any means a person. . .knowing, or in reckless disregard
of the fact, that means of force, threats of force, fraud,
coercion. . .or any combination of such means will be used to
cause the person to engage in a commercial sex act, or that
the person has not attained the age of 18 years and will be
caused to engage in a commercial sex act'';
(2) while use of the word ``obtains'' in section 1591,
United States Code, has been interpreted, prior to the date
of enactment of this Act, to encompass those who purchase
illicit sexual acts from trafficking victims, some confusion
persists;
(3) in United States vs. Jungers, 702 F.3d 1066 (8th Cir.
2013), the United States Court of Appeals for the Eighth
Circuit ruled that section 1591 of title 18, United States
Code, applied to persons who purchase illicit sexual acts
with trafficking victims after the United States District
Court for the District of South Dakota erroneously granted
motions to acquit these buyers in two separate cases; and
(4) section 108 of this title amends section 1591 of title
18, United States Code, to add the words ``solicits or
patronizes'' to the sex trafficking statute making absolutely
clear for judges, juries, prosecutors, and law enforcement
officials that criminals who purchase sexual acts from human
trafficking victims may be arrested, prosecuted, and
convicted as sex trafficking offenders when this is merited
by the facts of a particular case.
SEC. 110. USING EXISTING TASK FORCES AND COMPONENTS 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--
(1) 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; and
(2) all components and task forces with jurisdiction to
detect, investigate, and prosecute cases of child labor
trafficking engage in activities, programs, or operations to
increase the capacity of such components to deter and punish
child labor trafficking.
SEC. 111. TARGETING CHILD PREDATORS.
(a) Clarifying That Child Pornography Producers Are Human
Traffickers.--Section 2423(f) of title 18, United States
Code, is amended--
(1) by striking ``means (1) a'' and inserting the
following: ``means--
``(1) a'';
(2) by striking ``United States; or (2) any'' and inserting
the following: ``United States;
``(2) any''; and
(3) by striking the period at the end and inserting the
following: ``; or
``(3) production of child pornography (as defined in
section 2256(8)).''.
(b) 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. 112. MONITORING ALL HUMAN TRAFFICKERS AS VIOLENT
CRIMINALS.
Section 3156(a)(4)(C) of title 18, United States Code, is
amended by inserting ``77,'' after ``chapter''.
SEC. 113. CRIME VICTIMS' RIGHTS.
(a) In General.--Section 3771 of title 18, United States
Code, is amended--
(1) in subsection (a), by adding at the end the following:
``(9) The right to be informed in a timely manner of any
plea bargain or deferred prosecution agreement.
``(10) The right to be informed of the rights under this
section and the services described in section 503(c) of the
Victims' Rights and Restitution Act of 1990 (42 U.S.C.
10607(c)) and provided contact information for the Office of
the Victims' Rights Ombudsman of the Department of
Justice.'';
(2) in subsection (d)(3), in the fifth sentence, by
inserting ``, unless the litigants, with the approval of the
court, have stipulated to a different time period for
consideration'' before the period; and
(3) in subsection (e)--
(A) by striking ``this chapter, the term'' and inserting
the following: ``this chapter:
[[Page S2342]]
``(1) Court of appeals.--The term `court of appeals'
means--
``(A) the United States court of appeals for the judicial
district in which a defendant is being prosecuted; or
``(B) for a prosecution in the Superior Court of the
District of Columbia, the District of Columbia Court of
Appeals.
``(2) Crime victim.--
``(A) In general.--The term'';
(B) by striking ``In the case'' and inserting the
following:
``(B) Minors and certain other victims.--In the case''; and
(C) by adding at the end the following:
``(3) District court; court.--The terms `district court'
and `court' include the Superior Court of the District of
Columbia.''.
(b) Crime Victims Fund.--Section 1402(d)(3)(A)(i) of the
Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(3)(A)(i)) is
amended by inserting ``section'' before ``3771''.
(c) Appellate Review of Petitions Relating to Crime
Victims' Rights.--
(1) In general.--Section 3771(d)(3) of title 18, United
States Code, as amended by subsection (a)(2) of this section,
is amended by inserting after the fifth sentence the
following: ``In deciding such application, the court of
appeals shall apply ordinary standards of appellate
review.''.
(2) Application.--The amendment made by paragraph (1) shall
apply with respect to any petition for a writ of mandamus
filed under section 3771(d)(3) of title 18, United States
Code, that is pending on the date of enactment of this Act.
SEC. 114. COMBAT HUMAN TRAFFICKING ACT.
(a) Short Title.--This section may be cited as the ``Combat
Human Trafficking Act of 2015''.
(b) Definitions.--In this section:
(1) Commercial sex act; severe forms of trafficking in
persons; state; task force.--The terms ``commercial sex
act'', ``severe forms of trafficking in persons'', ``State'',
and ``Task Force'' have the meanings given those terms in
section 103 of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7102).
(2) Covered offender.--The term ``covered offender'' means
an individual who obtains, patronizes, or solicits a
commercial sex act involving a person subject to severe forms
of trafficking in persons.
(3) Covered offense.--The term ``covered offense'' means
the provision, obtaining, patronizing, or soliciting of a
commercial sex act involving a person subject to severe forms
of trafficking in persons.
(4) Federal law enforcement officer.--The term ``Federal
law enforcement officer'' has the meaning given the term in
section 115 of title 18, United States Code.
(5) Local law enforcement officer.--The term ``local law
enforcement officer'' means any officer, agent, or employee
of a unit of local government authorized by law or by a local
government agency to engage in or supervise the prevention,
detection, investigation, or prosecution of any violation of
criminal law.
(6) State law enforcement officer.--The term ``State law
enforcement officer'' means any officer, agent, or employee
of a State authorized by law or by a State government agency
to engage in or supervise the prevention, detection,
investigation, or prosecution of any violation of criminal
law.
(c) Department of Justice Training and Policy for Law
Enforcement Officers, Prosecutors, and Judges.--
(1) Training.--
(A) Law enforcement officers.--The Attorney General shall
ensure that each anti-human trafficking program operated by
the Department of Justice, including each anti-human
trafficking training program for Federal, State, or local law
enforcement officers, includes technical training on--
(i) effective methods for investigating and prosecuting
covered offenders; and
(ii) facilitating the provision of physical and mental
health services by health care providers to persons subject
to severe forms of trafficking in persons.
(B) Federal prosecutors.--The Attorney General shall ensure
that each anti-human trafficking program operated by the
Department of Justice for United States attorneys or other
Federal prosecutors includes training on seeking restitution
for offenses under chapter 77 of title 18, United States
Code, to ensure that each United States attorney or other
Federal prosecutor, upon obtaining a conviction for such an
offense, requests a specific amount of restitution for each
victim of the offense without regard to whether the victim
requests restitution.
(C) Judges.--The Federal Judicial Center shall provide
training to judges relating to the application of section
1593 of title 18, United States Code, with respect to
ordering restitution for victims of offenses under chapter 77
of such title.
(2) Policy for federal law enforcement officers.--The
Attorney General shall ensure that Federal law enforcement
officers are engaged in activities, programs, or operations
involving the detection, investigation, and prosecution of
covered offenders.
(d) Minimum Period of Supervised Release for Conspiracy To
Commit Commercial Child Sex Trafficking.--Section 3583(k) of
title 18, United States Code, is amended by inserting
``1594(c),'' after ``1591,''.
(e) Bureau of Justice Statistics Report on State
Enforcement of Human Trafficking Prohibitions.--The Director
of the Bureau of Justice Statistics shall--
(1) prepare an annual report on--
(A) the rates of--
(i) arrest of individuals by State law enforcement officers
for a covered offense;
(ii) prosecution (including specific charges) of
individuals in State court systems for a covered offense; and
(iii) conviction of individuals in State court systems for
a covered offense; and
(B) sentences imposed on individuals convicted in State
court systems for a covered offense; and
(2) submit the annual report prepared under paragraph (1)
to--
(A) the Committee on the Judiciary of the House of
Representatives;
(B) the Committee on the Judiciary of the Senate;
(C) the Task Force;
(D) the Senior Policy Operating Group established under
section 105(g) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7103(g)); and
(E) the Attorney General.
SEC. 115. SURVIVORS OF HUMAN TRAFFICKING EMPOWERMENT ACT.
(a) Short Title.--This section may be cited as the
``Survivors of Human Trafficking Empowerment Act''.
(b) Establishment.--There is established the United States
Advisory Council on Human Trafficking (referred to in this
section as the ``Council''), which shall provide advice and
recommendations to the Senior Policy Operating Group
established under section 105(g) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7103(g)) (referred to in
this section as the ``Group'') and the President's
Interagency Task Force to Monitor and Combat Trafficking
established under section 105(a) of such Act (referred to in
this section as the ``Task Force'').
(c) Membership.--
(1) Composition.--The Council shall be composed of not less
than 8 and not more than 14 individuals who are survivors of
human trafficking.
(2) Representation of survivors.--To the extent
practicable, members of the Council shall be survivors of
trafficking, who shall accurately reflect the diverse
backgrounds of survivors of trafficking, including--
(A) survivors of sex trafficking and survivors of labor
trafficking; and
(B) survivors who are United States citizens and survivors
who are aliens lawfully present in the United States.
(3) Appointment.--Not later than 180 days after the date of
enactment of this Act, the President shall appoint the
members of the Council.
(4) Term; reappointment.--Each member of the Council shall
serve for a term of 2 years and may be reappointed by the
President to serve 1 additional 2-year term.
(d) Functions.--The Council shall--
(1) be a nongovernmental advisory body to the Group;
(2) meet, at its own discretion or at the request of the
Group, not less frequently than annually to review Federal
Government policy and programs intended to combat human
trafficking, including programs relating to the provision of
services for victims and serve as a point of contact for
Federal agencies reaching out to human trafficking survivors
for input on programming and policies relating to human
trafficking in the United States;
(3) formulate assessments and recommendations to ensure
that policy and programming efforts of the Federal Government
conform, to the extent practicable, to the best practices in
the field of human trafficking prevention; and
(4) meet with the Group not less frequently than annually,
and not later than 45 days before a meeting with the Task
Force, to formally present the findings and recommendations
of the Council.
(e) Reports.--Not later than 1 year after the date of
enactment of this Act and each year thereafter until the date
described in subsection (h), the Council shall submit a
report that contains the findings derived from the reviews
conducted pursuant to subsection (d)(2) to--
(1) the chair of the Task Force;
(2) the members of the Group;
(3) the Committees on Foreign Affairs, Homeland Security,
Appropriations, and the Judiciary of the House of
Representatives; and
(4) the Committees on Foreign Relations, Appropriations,
Homeland Security and Governmental Affairs, and the Judiciary
of the Senate.
(f) Employee Status.--Members of the Council--
(1) shall not be considered employees of the Federal
Government for any purpose; and
(2) shall not receive compensation other than reimbursement
of travel expenses and per diem allowance in accordance with
section 5703 of title 5, United States Code.
(g) Nonapplicability of FACA.--The Council shall not be
subject to the requirements under the Federal Advisory
Committee Act (5 U.S.C. App.).
(h) Sunset.--The Council shall terminate on September 30,
2020.
SEC. 116. BRINGING MISSING CHILDREN HOME ACT.
(a) Short Title.--This section may be cited as the
``Bringing Missing Children Home Act''.
(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;
(2) in paragraph (3)--
[[Page S2343]]
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(B) by inserting after subparagraph (A) the following:
``(B) a recent photograph of the child, if available;'';
and
(3) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by striking
``paragraph (2)'' and inserting ``paragraph (3)'';
(B) in subparagraph (A)--
(i) by striking ``60 days'' and inserting ``30 days''; and
(ii) by inserting ``and a photograph taken during 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);
(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;'';
(F) in subparagraph (D), as redesignated--
(i) by inserting ``State and local child welfare systems
and'' before ``the National Center for Missing and Exploited
Children''; and
(ii) by striking the period at the end and inserting ``;
and''; and
(G) by adding at the end the following:
``(E) grant permission to the National Crime Information
Center Terminal Contractor for the State to update the
missing person record in the National Crime Information
Center computer networks with additional information learned
during the investigation relating to the missing person.''.
SEC. 117. GRANT ACCOUNTABILITY.
(a) Definition.--In this section, the term ``covered
grant'' means a grant awarded by the Attorney General under
section 203 of the Trafficking Victims Protection
Reauthorization Act of 2005 (42 U.S.C. 14044b), as amended by
section 103.
(b) Accountability.--All covered grants shall be subject to
the following accountability provisions:
(1) Audit requirement.--
(A) In general.--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 a
covered grant to prevent waste, fraud, and abuse of funds by
grantees. The Inspector General shall determine the
appropriate number of grantees to be audited each year.
(B) Definition.--In this paragraph, the term ``unresolved
audit finding'' means a finding in the final audit report of
the Inspector General that the audited grantee has utilized
grant funds for an unauthorized expenditure or otherwise
unallowable cost that is not closed or resolved within 12
months from the date when the final audit report is issued.
(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 following 2
fiscal years.
(D) Priority.--In awarding covered grants the Attorney
General shall give priority to eligible entities that did not
have an unresolved audit finding during the 3 fiscal years
prior to submitting an application for a covered grant.
(E) Reimbursement.--If an entity is awarded a covered grant
during the 2-fiscal-year period in which the entity is barred
from receiving grants under subparagraph (C), the Attorney
General shall--
(i) deposit an amount equal to 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 subsection available for
public inspection.
(3) Conference expenditures.--
(A) Limitation.--No amounts transferred to the Department
of Justice under this title, or the amendments made by this
title, may be used by the Attorney General, or by any
individual or organization awarded discretionary funds
through a cooperative agreement under this title, or the
amendments made by this title, to host or support any
expenditure for conferences that uses more than $20,000 in
Department funds, unless the Deputy Attorney General or such
Assistant Attorney Generals, Directors, or principal deputies
as the Deputy Attorney General may designate, provides prior
written authorization that the funds may be expended to host
a conference.
(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 and
beverages, audiovisual equipment, honoraria for speakers, and
any 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 approved conference expenditures
referenced in this paragraph.
(D) Annual certification.--Beginning in the first fiscal
year beginning after the date of enactment of this title, the
Attorney General shall submit, to the Committee on the
Judiciary and the Committee on Appropriations of the Senate
and the Committee on the Judiciary and the Committee on
Appropriations of the House of Representatives, an annual
certification that--
(i) 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;
(ii) all mandatory exclusions required under paragraph
(1)(C) have been issued;
(iii) all reimbursements required under paragraph (1)(E)
have been made; and
(iv) includes a list of any grant recipients excluded under
paragraph (1) from the previous year.
(4) Prohibition on lobbying activity.--
(A) In general.--Amounts awarded under this title, or any
amendments made by this title, may not be utilized by any
grant recipient to--
(i) lobby any representative of the Department of Justice
regarding the award of grant funding; or
(ii) lobby any representative of a Federal, State, local,
or tribal government regarding the award of grant funding.
(B) Penalty.--If the Attorney General determines that any
recipient of a covered grant has violated subparagraph (A),
the Attorney General shall--
(i) require the grant recipient to repay the grant in full;
and
(ii) prohibit the grant recipient from receiving another
covered grant for not less than 5 years.
SEC. 118. SAVE ACT.
(a) Short Title.--This section may be cited as the ``Stop
Advertising Victims of Exploitation Act of 2015'' or the
``SAVE Act of 2015''.
(b) Advertising That Offers Certain Commercial Acts.--
(1) In general.--Section 1591(a)(1) of title 18, United
States Code, as amended by this Act, is further amended by
inserting ``advertises,'' after ``obtains,''.
(2) Mens rea requirement.--Section 1591(a) of title 18,
United States Code, is amended in the undesignated matter
following paragraph (2), by inserting ``, except where the
act constituting the violation of paragraph (1) is
advertising,'' after ``knowing, or''.
(3) Conforming amendments.--Section 1591(b) of title 18,
United States Code, as amended by this Act, is further
amended--
(A) in paragraph (1), by inserting ``advertised,'' after
``obtained,''; and
(B) in paragraph (2), by inserting ``advertised,'' after
``obtained,''.
SEC. 119. EDUCATION AND OUTREACH TO TRAFFICKING SURVIVORS.
The Attorney General shall make available, on the website
of the Office of Juvenile Justice and Delinquency Prevention,
a database for trafficking victim advocates, crisis hotline
personnel, foster parents, law enforcement personnel, and
crime survivors that contains information on--
(1) counseling and hotline resources;
(2) housing resources;
(3) legal assistance; and
(4) other services for trafficking survivors.
SEC. 120. EXPANDED STATUTE OF LIMITATIONS FOR CIVIL ACTIONS
BY CHILD TRAFFICKING SURVIVORS.
Section 1595(c) of title 18, United States Code, is amended
by striking ``not later than 10 years after the cause of
action arose.'' and inserting ``not later than the later of--
``(1) 10 years after the cause of action arose; or
``(2) 10 years after the victim reaches 18 years of age, if
the victim was a minor at the time of the alleged offense.''.
SEC. 121. GAO STUDY AND REPORT.
(a) Study.--The Comptroller General of the United States
shall conduct a study on each program or initiative
authorized under this Act and the following statutes and
evaluate whether any program or initiative is duplicative:
(1) Trafficking Victims Protection Reauthorization Act of
2005 (Public Law 109-164; 119 Stat. 3558).
(2) Trafficking Victims Protection Act of 2000 (22 U.S.C.
7101 et seq.).
(3) Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et
seq.).
[[Page S2344]]
(4) Runaway and Homeless Youth Act (42 U.S.C. 5701 et
seq.).
(5) Missing Children's Assistance Act (42 U.S.C. 5771 et
seq.).
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives a report on the study conducted under
subsection (a), which shall include--
(1) a description of the cost of any duplicative program or
initiative studied under subsection (a); and
(2) recommendations on how to achieve cost savings with
respect to each duplicative program or initiative studied
under subsection (a).
TITLE II--COMBATING HUMAN TRAFFICKING
Subtitle A--Enhancing Services for Runaway and Homeless Victims of
Youth Trafficking
SEC. 201. AMENDMENTS TO THE RUNAWAY AND HOMELESS YOUTH ACT.
The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.)
is amended--
(1) in section 343(b)(5) (42 U.S.C. 5714-23(b)(5))--
(A) in subparagraph (A) by inserting ``, severe forms of
trafficking in persons (as defined in section 103(9) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102(9))), and sex trafficking (as defined in section 103(10)
of such Act (22 U.S.C. 7102(10)))'' before the semicolon at
the end;
(B) in subparagraph (B) by inserting ``, severe forms of
trafficking in persons (as defined in section 103(9) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102(9))), or sex trafficking (as defined in section 103(10)
of such Act (22 U.S.C. 7102(10)))'' after ``assault''; and
(C) in subparagraph (C) by inserting ``, including such
youth who are victims of trafficking (as defined in section
103(15) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102(15)))'' before the semicolon at the end; and
(2) in section 351(a) (42 U.S.C. 5714-41(a)) by striking
``or sexual exploitation'' and inserting ``sexual
exploitation, severe forms of trafficking in persons (as
defined in section 103(9) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102(9))), or sex
trafficking (as defined in section 103(10) of such Act (22
U.S.C. 7102(10)))''.
Subtitle B--Improving the Response to Victims of Child Sex Trafficking
SEC. 211. RESPONSE TO VICTIMS OF CHILD SEX TRAFFICKING.
Section 404(b)(1)(P)(iii) of the Missing Children's
Assistance Act (42 U.S.C. 5773(b)(1)(P)(iii)) is amended by
striking ``child prostitution'' and inserting ``child sex
trafficking, including child prostitution''.
Subtitle C--Interagency Task Force to Monitor and Combat Trafficking
SEC. 221. VICTIM OF TRAFFICKING DEFINED.
In this subtitle, the term ``victim of trafficking'' has
the meaning given such term in section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102).
SEC. 222. INTERAGENCY TASK FORCE REPORT ON CHILD TRAFFICKING
PRIMARY PREVENTION.
(a) Review.--The Interagency Task Force to Monitor and
Combat Trafficking, established under section 105 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103),
shall conduct a review that, with regard to trafficking in
persons in the United States--
(1) in consultation with nongovernmental organizations that
the Task Force determines appropriate, surveys and catalogs
the activities of the Federal Government and State
governments--
(A) to deter individuals from committing trafficking
offenses; and
(B) to prevent children from becoming victims of
trafficking;
(2) surveys academic literature on--
(A) deterring individuals from committing trafficking
offenses;
(B) preventing children from becoming victims of
trafficking;
(C) the commercial sexual exploitation of children; and
(D) other similar topics that the Task Force determines to
be appropriate;
(3) identifies best practices and effective strategies--
(A) to deter individuals from committing trafficking
offenses; and
(B) to prevent children from becoming victims of
trafficking; and
(4) identifies current gaps in research and data that would
be helpful in formulating effective strategies--
(A) to deter individuals from committing trafficking
offenses; and
(B) to prevent children from becoming victims of
trafficking.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Interagency Task Force to Monitor
and Combat Trafficking shall provide to Congress, and make
publicly available in electronic format, a report on the
review conducted pursuant to subparagraph (a).
SEC. 223. GAO REPORT ON INTERVENTION.
On the date that is 1 year after the date of the enactment
of this Act, the Comptroller General of the United States
shall submit a report to Congress that includes information
on--
(1) the efforts of Federal and select State law enforcement
agencies to combat human trafficking in the United States;
and
(2) each Federal grant program, a purpose of which is to
combat human trafficking or assist victims of trafficking, as
specified in an authorizing statute or in a guidance document
issued by the agency carrying out the grant program.
SEC. 224. PROVISION OF HOUSING PERMITTED TO PROTECT AND
ASSIST IN THE RECOVERY OF VICTIMS OF
TRAFFICKING.
Section 107(b)(2)(A) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7105(b)(2)(A)) is amended by inserting
``, including programs that provide housing to victims of
trafficking'' before the period at the end.
Subtitle D--Expanded Training
SEC. 231. EXPANDED TRAINING RELATING TO TRAFFICKING IN
PERSONS.
Section 105(c)(4) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7105(c)(4)) is amended--
(1) by striking ``Appropriate personnel'' and inserting the
following:
``(A) In general.--Appropriate personnel'';
(2) in subparagraph (A), as redesignated, by inserting ``,
including members of the Service (as such term is defined in
section 103 of the Foreign Service Act of 1980 (22 U.S.C.
3903))'' after ``Department of State''; and
(3) by adding at the end the following:
``(B) Training components.--Training under this paragraph
shall include--
``(i) a distance learning course on trafficking-in-persons
issues and the Department of State's obligations under this
Act, which shall be designed for embassy reporting officers,
regional bureaus' trafficking-in-persons coordinators, and
their superiors;
``(ii) specific trafficking-in-persons briefings for all
ambassadors and deputy chiefs of mission before such
individuals depart for their posts; and
``(iii) at least annual reminders to all personnel referred
to in clauses (i) and (ii), including appropriate personnel
from other Federal departments and agencies, at each
diplomatic or consular post of the Department of State
located outside the United States of--
``(I) key problems, threats, methods, and warning signs of
trafficking in persons specific to the country or
jurisdiction in which each such post is located; and
``(II) appropriate procedures to report information that
any such personnel may acquire about possible cases of
trafficking in persons.''.
TITLE III--HERO ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Human Exploitation Rescue
Operations Act of 2015'' or the ``HERO Act of 2015''.
SEC. 302. HERO ACT.
(a) Findings.--Congress finds the following:
(1) The illegal market for the production and distribution
of child abuse imagery is a growing threat to children in the
United States. International demand for this material creates
a powerful incentive for the rape, abuse, and torture of
children within the United States.
(2) The targeting of United States children by
international criminal networks is a threat to the homeland
security of the United States. This threat must be fought
with trained personnel and highly specialized counter-child-
exploitation strategies and technologies.
(3) The United States Immigration and Customs Enforcement
of the Department of Homeland Security serves a critical
national security role in protecting the United States from
the growing international threat of child exploitation and
human trafficking.
(4) The Cyber Crimes Center of the United States
Immigration and Customs Enforcement is a vital national
resource in the effort to combat international child
exploitation, providing advanced expertise and assistance in
investigations, computer forensics, and victim
identification.
(5) The returning military heroes of the United States
possess unique and valuable skills that can assist law
enforcement in combating global sexual and child
exploitation, and the Department of Homeland Security should
use this national resource to the maximum extent possible.
(6) Through the Human Exploitation Rescue Operative (HERO)
Child Rescue Corps program, the returning military heroes of
the United States are trained and hired to investigate crimes
of child exploitation in order to target predators and rescue
children from sexual abuse and slavery.
(b) Cyber Crimes Center, Child Exploitation Investigations
Unit, and Computer Forensics Unit.--
(1) In general.--Subtitle H of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by
adding at the end the following:
``SEC. 890A. CYBER CRIMES CENTER, CHILD EXPLOITATION
INVESTIGATIONS UNIT, COMPUTER FORENSICS UNIT,
AND CYBER CRIMES UNIT.
``(a) Cyber Crimes Center.--
``(1) In general.--The Secretary shall operate, within
United States Immigration and Customs Enforcement, a Cyber
Crimes Center (referred to in this section as the `Center').
``(2) Purpose.--The purpose of the Center shall be to
provide investigative assistance, training, and equipment to
support United States Immigration and Customs Enforcement's
domestic and international investigations of cyber-related
crimes.
[[Page S2345]]
``(b) Child Exploitation Investigations Unit.--
``(1) In general.--The Secretary shall operate, within the
Center, a Child Exploitation Investigations Unit (referred to
in this subsection as the `CEIU').
``(2) Functions.--The CEIU--
``(A) shall coordinate all United States Immigration and
Customs Enforcement child exploitation initiatives, including
investigations into--
``(i) child exploitation;
``(ii) child pornography;
``(iii) child victim identification;
``(iv) traveling child sex offenders; and
``(v) forced child labor, including the sexual exploitation
of minors;
``(B) shall, among other things, focus on--
``(i) child exploitation prevention;
``(ii) investigative capacity building;
``(iii) enforcement operations; and
``(iv) training for Federal, State, local, tribal, and
foreign law enforcement agency personnel, upon request;
``(C) shall provide training, technical expertise, support,
or coordination of child exploitation investigations, as
needed, to cooperating law enforcement agencies and
personnel;
``(D) shall provide psychological support and counseling
services for United States Immigration and Customs
Enforcement personnel engaged in child exploitation
prevention initiatives, including making available other
existing services to assist employees who are exposed to
child exploitation material during investigations;
``(E) is authorized to collaborate with the Department of
Defense and the National Association to Protect Children for
the purpose of the recruiting, training, equipping and hiring
of wounded, ill, and injured veterans and transitioning
service members, through the Human Exploitation Rescue
Operative (HERO) Child Rescue Corps program; and
``(F) shall collaborate with other governmental,
nongovernmental, and nonprofit entities approved by the
Secretary for the sponsorship of, and participation in,
outreach and training activities.
``(3) Data collection.--The CEIU shall collect and maintain
data concerning--
``(A) the total number of suspects identified by United
States Immigration and Customs Enforcement;
``(B) the number of arrests by United States Immigration
and Customs Enforcement, disaggregated by type, including--
``(i) the number of victims identified through
investigations carried out by United States Immigration and
Customs Enforcement; and
``(ii) the number of suspects arrested who were in
positions of trust or authority over children;
``(C) the number of cases opened for investigation by
United States Immigration and Customs Enforcement; and
``(D) the number of cases resulting in a Federal, State,
foreign, or military prosecution.
``(4) Availability of data to congress.--In addition to
submitting the reports required under paragraph (7), the CEIU
shall make the data collected and maintained under paragraph
(3) available to the committees of Congress described in
paragraph (7).
``(5) Cooperative agreements.--The CEIU is authorized to
enter into cooperative agreements to accomplish the functions
set forth in paragraphs (2) and (3).
``(6) Acceptance of gifts.--
``(A) In general.--The Secretary is authorized to accept
monies and in-kind donations from the Virtual Global
Taskforce, national laboratories, Federal agencies, not-for-
profit organizations, and educational institutions to create
and expand public awareness campaigns in support of the
functions of the CEIU.
``(B) Exemption from federal acquisition regulation.--Gifts
authorized under subparagraph (A) shall not be subject to the
Federal Acquisition Regulation for competition when the
services provided by the entities referred to in such
subparagraph are donated or of minimal cost to the
Department.
``(7) Reports.--Not later than 1 year after the date of the
enactment of the HERO Act of 2015, and annually for the
following 4 years, the CEIU shall--
``(A) submit a report containing a summary of the data
collected pursuant to paragraph (3) during the previous year
to--
``(i) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(ii) the Committee on the Judiciary of the Senate;
``(iii) the Committee on Appropriations of the Senate;
``(iv) the Committee on Homeland Security of the House of
Representatives;
``(v) the Committee on the Judiciary of the House of
Representatives; and
``(vi) the Committee on Appropriations of the House of
Representatives; and
``(B) make a copy of each report submitted under
subparagraph (A) publicly available on the website of the
Department.
``(c) Computer Forensics Unit.--
``(1) In general.--The Secretary shall operate, within the
Center, a Computer Forensics Unit (referred to in this
subsection as the `CFU').
``(2) Functions.--The CFU--
``(A) shall provide training and technical support in
digital forensics to--
``(i) United States Immigration and Customs Enforcement
personnel; and
``(ii) Federal, State, local, tribal, military, and foreign
law enforcement agency personnel engaged in the investigation
of crimes within their respective jurisdictions, upon request
and subject to the availability of funds;
``(B) shall provide computer hardware, software, and
forensic licenses for all computer forensics personnel within
United States Immigration and Customs Enforcement;
``(C) shall participate in research and development in the
area of digital forensics, in coordination with appropriate
components of the Department; and
``(D) is authorized to collaborate with the Department of
Defense and the National Association to Protect Children for
the purpose of recruiting, training, equipping, and hiring
wounded, ill, and injured veterans and transitioning service
members, through the Human Exploitation Rescue Operative
(HERO) Child Rescue Corps program.
``(3) Cooperative agreements.--The CFU is authorized to
enter into cooperative agreements to accomplish the functions
set forth in paragraph (2).
``(4) Acceptance of gifts.--
``(A) In general.--The Secretary is authorized to accept
monies and in-kind donations from the Virtual Global Task
Force, national laboratories, Federal agencies, not-for-
profit organizations, and educational institutions to create
and expand public awareness campaigns in support of the
functions of the CFU.
``(B) Exemption from federal acquisition regulation.--Gifts
authorized under subparagraph (A) shall not be subject to the
Federal Acquisition Regulation for competition when the
services provided by the entities referred to in such
subparagraph are donated or of minimal cost to the
Department.
``(d) Cyber Crimes Unit.--
``(1) In general.--The Secretary shall operate, within the
Center, a Cyber Crimes Unit (referred to in this subsection
as the `CCU').
``(2) Functions.--The CCU--
``(A) shall oversee the cyber security strategy and cyber-
related operations and programs for United States Immigration
and Customs Enforcement;
``(B) shall enhance United States Immigration and Customs
Enforcement's ability to combat criminal enterprises
operating on or through the Internet, with specific focus in
the areas of--
``(i) cyber economic crime;
``(ii) digital theft of intellectual property;
``(iii) illicit e-commerce (including hidden marketplaces);
``(iv) Internet-facilitated proliferation of arms and
strategic technology; and
``(v) cyber-enabled smuggling and money laundering;
``(C) shall provide training and technical support in cyber
investigations to--
``(i) United States Immigration and Customs Enforcement
personnel; and
``(ii) Federal, State, local, tribal, military, and foreign
law enforcement agency personnel engaged in the investigation
of crimes within their respective jurisdictions, upon request
and subject to the availability of funds;
``(D) shall participate in research and development in the
area of cyber investigations, in coordination with
appropriate components of the Department; and
``(E) is authorized to recruit participants of the Human
Exploitation Rescue Operative (HERO) Child Rescue Corps
program for investigative and forensic positions in support
of the functions of the CCU.
``(3) Cooperative agreements.--The CCU is authorized to
enter into cooperative agreements to accomplish the functions
set forth in paragraph (2).
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary such sums as
are necessary to carry out this section.''.
(2) Table of contents amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C.
101 note) is amended by adding after the item relating to
section 890 the following:
``Sec. 890A. Cyber crimes center, child exploitation investigations
unit, computer forensics unit, and cyber crimes unit.''.
(c) HERO Corps Hiring.--It is the sense of Congress that
Homeland Security Investigations of the United States
Immigration and Customs Enforcement should hire, recruit,
train, and equip wounded, ill, or injured military veterans
(as defined in section 101, title 38, United States Code) who
are affiliated with the HERO Child Rescue Corps program for
investigative, intelligence, analyst, and forensic positions.
(d) Investigating Child Exploitation.--Section 307(b)(3) of
the Homeland Security Act of 2002 (6 U.S.C. 187(b)(3)) is
amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) conduct research and development for the purpose of
advancing technology for the investigation of child
exploitation crimes, including child victim identification,
trafficking in persons, and child pornography, and for
advanced forensics.''.
SEC. 303. TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND
RELATED CRIMES.
Chapter 117 of title 18, United States Code, is amended by
striking section 2421 and inserting the following:
[[Page S2346]]
``Sec. 2421. Transportation generally
``(a) In General.--Whoever knowingly transports any
individual in interstate or foreign commerce, or in any
Territory or Possession of the United States, with intent
that such individual engage in prostitution, or in any sexual
activity for which any person can be charged with a criminal
offense, or attempts to do so, shall be fined under this
title or imprisoned not more than 10 years, or both.
``(b) Requests To Prosecute Violations by State Attorneys
General.--
``(1) In general.--The Attorney General shall grant a
request by a State attorney general that a State or local
attorney be cross designated to prosecute a violation of this
section unless the Attorney General determines that granting
the request would undermine the administration of justice.
``(2) Reason for denial.--If the Attorney General denies a
request under paragraph (1), the Attorney General shall
submit to the State attorney general a detailed reason for
the denial not later than 60 days after the date on which a
request is received.''.
TITLE IV--RAPE SURVIVOR CHILD CUSTODY
SEC. 401. SHORT TITLE.
This title may be cited as the ``Rape Survivor Child
Custody Act''.
SEC. 402. DEFINITIONS.
In this title:
(1) Covered formula grant.--The term ``covered formula
grant'' means a grant under--
(A) part T of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg et seq.) (commonly
referred to as the ``STOP Violence Against Women Formula
Grant Program''); or
(B) section 41601 of the Violence Against Women Act of 1994
(42 U.S.C. 14043g) (commonly referred to as the ``Sexual
Assault Services Program'').
(2) Termination.--
(A) In general.--The term ``termination'' means, when used
with respect to parental rights, a complete and final
termination of the parent's right to custody of, guardianship
of, visitation with, access to, and inheritance from a child.
(B) Rule of construction.--Nothing in this paragraph shall
be construed to require a State, in order to receive an
increase in the amount provided to the State under the
covered formula grants under this title, to have in place a
law that terminates any obligation of a person who fathered a
child through rape to support the child.
SEC. 403. FINDINGS.
Congress finds the following:
(1) Men who father children through rape should be
prohibited from visiting or having custody of those children.
(2) Thousands of rape-related pregnancies occur annually in
the United States.
(3) A substantial number of women choose to raise their
child conceived through rape and, as a result, may face
custody battles with their rapists.
(4) Rape is one of the most under-prosecuted serious
crimes, with estimates of criminal conviction occurring in
less than 5 percent of rapes.
(5) The clear and convincing evidence standard is the most
common standard for termination of parental rights among the
50 States, territories, and the District of Columbia.
(6) The Supreme Court established that the clear and
convincing evidence standard satisfies due process for
allegations to terminate or restrict parental rights in
Santosky v. Kramer (455 U.S. 745 (1982)).
(7) Currently only 10 States have statutes allowing rape
survivors to petition for the termination of parental rights
of the rapist based on clear and convincing evidence that the
child was conceived through rape.
(8) A rapist pursuing parental or custody rights causes the
survivor to have continued interaction with the rapist, which
can have traumatic psychological effects on the survivor, and
can make it more difficult for her to recover.
(9) These traumatic effects on the mother can severely
negatively impact her ability to raise a healthy child.
(10) Rapists may use the threat of pursuing custody or
parental rights to coerce survivors into not prosecuting
rape, or otherwise harass, intimidate, or manipulate them.
SEC. 404. INCREASED FUNDING FOR FORMULA GRANTS AUTHORIZED.
The Attorney General shall increase the amount provided to
a State under the covered formula grants in accordance with
this title if the State has in place a law that allows the
mother of any child that was conceived through rape to seek
court-ordered termination of the parental rights of her
rapist with regard to that child, which the court is
authorized to grant upon clear and convincing evidence of
rape.
SEC. 405. APPLICATION.
A State seeking an increase in the amount provided to the
State under the covered formula grants shall include in the
application of the State for each covered formula grant such
information as the Attorney General may reasonably require,
including information about the law described in section 404.
SEC. 406. GRANT INCREASE.
The amount of the increase provided to a State under the
covered formula grants under this title shall be equal to not
more than 10 percent of the average of the total amount of
funding provided to the State under the covered formula
grants under the 3 most recent awards to the State.
SEC. 407. PERIOD OF INCREASE.
(a) In General.--The Attorney General shall provide an
increase in the amount provided to a State under the covered
formula grants under this title for a 2-year period.
(b) Limit.--The Attorney General may not provide an
increase in the amount provided to a State under the covered
formula grants under this title more than 4 times.
SEC. 408. ALLOCATION OF INCREASED FORMULA GRANT FUNDS.
The Attorney General shall allocate an increase in the
amount provided to a State under the covered formula grants
under this title such that--
(1) 25 percent the amount of the increase is provided under
the program described in section 402(1)(A); and
(2) 75 percent the amount of the increase is provided under
the program described in section 402(1)(B).
SEC. 409. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
title $5,000,000 for each of fiscal years 2015 through 2019.
TITLE V--MILITARY SEX OFFENDER REPORTING
SEC. 501. SHORT TITLE.
This title may be cited as the ``Military Sex Offender
Reporting Act of 2015''.
SEC. 502. REGISTRATION OF SEX OFFENDERS RELEASED FROM
MILITARY CORRECTIONS FACILITIES OR UPON
CONVICTION.
(a) In General.--The Sex Offender Registration and
Notification Act is amended by inserting after section 128
(42 U.S.C. 16928) the following:
``SEC. 128A. REGISTRATION OF SEX OFFENDERS RELEASED FROM
MILITARY CORRECTIONS FACILITIES OR UPON
CONVICTION.
``The Secretary of Defense shall provide to the Attorney
General the information described in section 114 to be
included in the National Sex Offender Registry and the Dru
Sjodin National Sex Offender Public Website regarding
persons--
``(1)(A) released from military corrections facilities; or
``(B) convicted if the sentences adjudged by courts-martial
under chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice), do not include confinement; and
``(2) required to register under this title.''.
(b) Technical and Conforming Amendment.--The table of
contents of the Adam Walsh Child Protection and Safety Act is
amended by inserting after the item relating to section 128
the following:
``Sec. 128A. Registration of sex offenders released from military
corrections facilities or upon conviction.''.
TITLE VI--STOPPING EXPLOITATION THROUGH TRAFFICKING
SEC. 601. SAFE HARBOR INCENTIVES.
Part Q of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd et seq.) is amended--
(1) in section 1701(c), by striking ``where feasible'' and
all that follows, and inserting the following: ``where
feasible, to an application--
``(1) for hiring and rehiring additional career law
enforcement officers that involves a non-Federal contribution
exceeding the 25 percent minimum under subsection (g); or
``(2) from an applicant in a State that has in effect a law
that--
``(A) treats a minor who has engaged in, or has attempted
to engage in, a commercial sex act as a victim of a severe
form of trafficking in persons;
``(B) discourages or prohibits the charging or prosecution
of an individual described in subparagraph (A) for a
prostitution or sex trafficking offense, based on the conduct
described in subparagraph (A); and
``(C) encourages the diversion of an individual described
in subparagraph (A) to appropriate service providers,
including child welfare services, victim treatment programs,
child advocacy centers, rape crisis centers, or other social
services.''; and
(2) in section 1709, by inserting at the end the following:
``(5) `commercial sex act' has the meaning given the term
in section 103 of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7102).
``(6) `minor' means an individual who has not attained the
age of 18 years.
``(7) `severe form of trafficking in persons' has the
meaning given the term in section 103 of the Victims of
Trafficking and Violence Protection Act of 2000 (22 U.S.C.
7102).''.
SEC. 602. REPORT ON RESTITUTION PAID IN CONNECTION WITH
CERTAIN TRAFFICKING OFFENSES.
Section 105(d)(7)(Q) of the Victims of Trafficking and
Violence Protection Act of 2000 (22 U.S.C. 7103(d)(7)(Q)) is
amended--
(1) by inserting after ``1590,'' the following: ``1591,'';
(2) by striking ``and 1594'' and inserting ``1594, 2251,
2251A, 2421, 2422, and 2423'';
(3) in clause (iv), by striking ``and'' at the end;
(4) in clause (v), by striking ``and'' at the end; and
(5) by inserting after clause (v) the following:
``(vi) the number of individuals required by a court order
to pay restitution in connection with a violation of each
offense under title 18, United States Code, the amount of
restitution required to be paid under each such order, and
the amount of restitution actually paid pursuant to each such
order; and
[[Page S2347]]
``(vii) the age, gender, race, country of origin, country
of citizenship, and description of the role in the offense of
individuals convicted under each offense; and''.
SEC. 603. NATIONAL HUMAN TRAFFICKING HOTLINE.
Section 107(b)(1)(B) of the Victims of Crime Trafficking
and Violence Protection Act of 2000 (22 U.S.C. 7105(b)(1)(B))
is amended--
(1) by striking ``Subject'' and inserting the following:
``(i) In general.--Subject''; and
(2) by adding at the end the following:
``(ii) National human trafficking hotline.--Beginning in
fiscal year 2017, and in each fiscal year thereafter, of
amounts made available for grants under paragraph (2), the
Secretary of Health and Human Services shall make grants for
a national communication system to assist victims of severe
forms of trafficking in persons in communicating with service
providers. The Secretary shall give priority to grant
applicants that have experience in providing telephone
services to victims of severe forms of trafficking in
persons.''.
SEC. 604. JOB CORPS ELIGIBILITY.
Section 144(a)(3) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3194(a)(3)) is amended by adding
at the end the following:
``(F) A victim of a severe form of trafficking in persons
(as defined in section 103 of the Victims of Trafficking and
Violence Protection Act of 2000 (22 U.S.C. 7102)).
Notwithstanding paragraph (2), an individual described in
this subparagraph shall not be required to demonstrate
eligibility under such paragraph.''.
SEC. 605. CLARIFICATION OF AUTHORITY OF THE UNITED STATES
MARSHALS SERVICE.
Section 566(e)(1) of title 28, United States Code, is
amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after subparagraph (C) the following:
``(D) assist State, local, and other Federal law
enforcement agencies, upon the request of such an agency, in
locating and recovering missing children.''.
SEC. 606. ESTABLISHING A NATIONAL STRATEGY TO COMBAT HUMAN
TRAFFICKING.
(a) In General.--The Attorney General shall implement and
maintain a National Strategy for Combating Human Trafficking
(referred to in this section as the ``National Strategy'') in
accordance with this section.
(b) Required Contents of National Strategy.--The National
Strategy shall include the following:
(1) Integrated Federal, State, local, and tribal efforts to
investigate and prosecute human trafficking cases,
including--
(A) the development by each United States attorney, in
consultation with State, local, and tribal government
agencies, of a district-specific strategic plan to coordinate
the identification of victims and the investigation and
prosecution of human trafficking crimes;
(B) the appointment of not fewer than 1 assistant United
States attorney in each district dedicated to the prosecution
of human trafficking cases or responsible for implementing
the National Strategy;
(C) the participation in any Federal, State, local, or
tribal human trafficking task force operating in the district
of the United States attorney; and
(D) any other efforts intended to enhance the level of
coordination and cooperation, as determined by the Attorney
General.
(2) Case coordination within the Department of Justice,
including specific integration, coordination, and
collaboration, as appropriate, on human trafficking
investigations between and among the United States attorneys,
the Human Trafficking Prosecution Unit, the Child
Exploitation and Obscenity Section, and the Federal Bureau of
Investigation.
(3) Annual budget priorities and Federal efforts dedicated
to preventing and combating human trafficking, including
resources dedicated to the Human Trafficking Prosecution
Unit, the Child Exploitation and Obscenity Section, the
Federal Bureau of Investigation, and all other entities that
receive Federal support that have a goal or mission to combat
the exploitation of adults and children.
(4) An ongoing assessment of the future trends, challenges,
and opportunities, including new investigative strategies,
techniques, and technologies, that will enhance Federal,
State, local, and tribal efforts to combat human trafficking.
(5) Encouragement of cooperation, coordination, and mutual
support between private sector and other entities and
organizations and Federal agencies to combat human
trafficking, including the involvement of State, local, and
tribal government agencies to the extent Federal programs are
involved.
TITLE VII--TRAFFICKING AWARENESS TRAINING FOR HEALTH CARE
SEC. 701. SHORT TITLE.
This title may be cited as the ``Trafficking Awareness
Training for Health Care Act of 2015''.
SEC. 702. DEVELOPMENT OF BEST PRACTICES.
(a) Grant or Contract for Development of Best Practices.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human
Services acting through the Administrator of the Health
Resources and Services Administration, and in consultation
with the Administration on Children and Families and other
agencies with experience in serving victims of human
trafficking, shall award, on a competitive basis, a grant or
contract to an eligible entity to train health care
professionals to recognize and respond to victims of a severe
form of trafficking.
(2) Development of evidence-based best practices.--An
entity receiving a grant under paragraph (1) shall develop
evidence-based best practices for health care professionals
to recognize and respond to victims of a severe form of
trafficking, including--
(A) consultation with law enforcement officials, social
service providers, health professionals, experts in the field
of human trafficking, and other experts, as appropriate, to
inform the development of such best practices;
(B) the identification of any existing best practices or
tools for health professionals to recognize potential victims
of a severe form of trafficking; and
(C) the development of educational materials to train
health care professionals on the best practices developed
under this subsection.
(3) Requirements.--Best practices developed under this
subsection shall address--
(A) risk factors and indicators to recognize victims of a
severe form of trafficking;
(B) patient safety and security;
(C) the management of medical records of patients who are
victims of a severe form of trafficking;
(D) public and private social services available for
rescue, food, clothing, and shelter referrals;
(E) the hotlines for reporting human trafficking maintained
by the National Human Trafficking Resource Center and the
Department of Homeland Security;
(F) validated assessment tools for the identification of
victims of a severe form of trafficking; and
(G) referral options and procedures for sharing information
on human trafficking with a patient and making referrals for
legal and social services as appropriate.
(4) Pilot program.--An entity receiving a grant under
paragraph (1) shall design and implement a pilot program to
test the best practices and educational materials identified
or developed with respect to the recognition of victims of
human trafficking by health professionals at health care
sites located near an established anti-human trafficking task
force initiative in each of the 10 administrative regions of
the Department of Health and Human Services.
(5) Analysis and report.--Not later than 24 months after
the date on which an entity implements a pilot program under
paragraph (4), the entity shall--
(A) analyze the results of the pilot programs, including
through an assessment of--
(i) changes in the skills, knowledge, and attitude of
health care professionals resulting from the implementation
of the program;
(ii) the number of victims of a severe form of trafficking
who were identified under the program;
(iii) of those victims identified, the number who received
information or referrals for services offered; and
(iv) of those victims who received such information or
referrals--
(I) the number who participated in follow up services; and
(II) the type of follow up services received;
(B) determine, using the results of the analysis conducted
under subparagraph (A), the extent to which the best
practices developed under this subsection are evidence-based;
and
(C) submit to the Secretary of Health and Human Services a
report concerning the pilot program and the analysis of the
pilot program under subparagraph (A), including an
identification of the best practices that were identified as
effective and those that require further review.
(b) Dissemination.--Not later than 30 months after date on
which a grant is awarded to an eligible entity under
subsection (a), the Secretary of Health and Human Services
shall--
(1) collaborate with appropriate professional associations
and health care professional schools to disseminate best
practices identified or developed under subsection (a) for
purposes of recognizing potential victims of a severe form of
trafficking; and
(2) post on the public website of the Department of Health
and Human Services the best practices that are identified by
the as effective under subsection (a)(5).
SEC. 703. DEFINITIONS.
In this title:
(1) The term ``eligible entity'' means an accredited school
of medicine or nursing with experience in the study or
treatment of victims of a severe form of trafficking.
(2) The term ``eligible site'' means a health center that
is receiving assistance under section 330, 399Z-1, or 1001 of
the Public Health Service Act (42 U.S.C. 254b, 280h-5, and
300).
(3) The term ``health care professional'' means a person
employed by a health care provider who provides to patients
information (including information not related to medical
treatment), scheduling, services, or referrals.
(4) The term ``HIPAA privacy and security law'' has the
meaning given to such term in section 3009 of the Public
Health Service Act (42 U.S.C. 300jj-19).
(5) The term ``victim of a severe form of trafficking'' has
the meaning given to such
[[Page S2348]]
term in section 103 of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7102).
SEC. 704. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.
No additional funds are authorized to be appropriated to
carry out this title, and this title shall be carried out
using amounts otherwise available for such purpose.
TITLE VIII--BETTER RESPONSE FOR VICTIMS OF CHILD SEX TRAFFICKING
SEC. 801. SHORT TITLE.
This title may be cited as the ``Ensuring a Better Response
for Victims of Child Sex Trafficking''.
SEC. 802. CAPTA AMENDMENTS.
(a) In General.--The amendments to the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5101 et seq.) made by
this section shall take effect 2 years after the date of the
enactment of this Act.
(b) State Plans.--Section 106 of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5106a) is amended--
(1) in subsection (b)(2)(B)--
(A) in clause (xxii), by striking ``and'' at the end; and
(B) by adding at the end the following:
``(xxiv) provisions and procedures requiring identification
and assessment of all reports involving children known or
suspected to be victims of sex trafficking (as defined in
section 103(10) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102 (10)); and
``(xxv) provisions and procedures for training child
protective services workers about identifying, assessing, and
providing comprehensive services for children who are sex
trafficking victims, including efforts to coordinate with
State law enforcement, juvenile justice, and social service
agencies such as runaway and homeless youth shelters to serve
this population;''; and
(2) in subsection (d), by adding at the end the following:
``(17) The number of children determined to be victims
described in subsection (b)(2)(B)(xxiv).''.
(c) Special Rule.--
(1) In general.--Section 111 of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5106g) is amended--
(A) by striking ``For purposes'' and inserting the
following:
``(a) Definitions.--For purposes''; and
(B) by adding at the end the following:
``(b) Special Rule.--
``(1) In general.--For purposes of section 3(2) and
subsection (a)(4), a child shall be considered a victim of
`child abuse and neglect' and of `sexual abuse' if the child
is identified, by a State or local agency employee of the
State or locality involved, as being a victim of sex
trafficking (as defined in paragraph (10) of section 103 of
the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102)) or a victim of severe forms of trafficking in persons
described in paragraph (9)(A) of that section.
``(2) State option.--Notwithstanding the definition of
`child' in section 3(1), a State may elect to define that
term for purposes of the application of paragraph (1) to
section 3(2) and subsection (a)(4) as a person who has not
attained the age of 24.''.
(2) Conforming amendment.--Section 3(2) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5101 note) is amended
by inserting ``(including sexual abuse as determined under
section 111)'' after ``sexual abuse or exploitation''.
(3) Technical correction.--Paragraph (5)(C) of subsection
(a), as so designated, of section 111 of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106g) is amended by
striking ``inhumane;'' and inserting ``inhumane.''.
TITLE IX--ANTI-TRAFFICKING TRAINING FOR DEPARTMENT OF HOMELAND SECURITY
PERSONNEL
SEC. 901. DEFINITIONS.
In this title:
(1) Department.--The term ``Department'' means the
Department of Homeland Security.
(2) Human trafficking.--The term ``human trafficking''
means an act or practice described in paragraph (9) or (10)
of section 103 of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 902. TRAINING FOR DEPARTMENT PERSONNEL TO IDENTIFY HUMAN
TRAFFICKING.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall implement a
program to--
(1) train and periodically retrain relevant Transportation
Security Administration, U.S. Customs and Border Protection,
and other Department personnel that the Secretary considers
appropriate, with respect to how to effectively deter,
detect, and disrupt human trafficking, and, where
appropriate, interdict a suspected perpetrator of human
trafficking, during the course of their primary roles and
responsibilities; and
(2) ensure that the personnel referred to in paragraph (1)
regularly receive current information on matters related to
the detection of human trafficking, including information
that becomes available outside of the Department's initial or
periodic retraining schedule, to the extent relevant to their
official duties and consistent with applicable information
and privacy laws.
(b) Training Described.--The training referred to in
subsection (a) may be conducted through in-class or virtual
learning capabilities, and shall include--
(1) methods for identifying suspected victims of human
trafficking and, where appropriate, perpetrators of human
trafficking;
(2) for appropriate personnel, methods to approach a
suspected victim of human trafficking, where appropriate, in
a manner that is sensitive to the suspected victim and is not
likely to alert a suspected perpetrator of human trafficking;
(3) training that is most appropriate for a particular
location or environment in which the personnel receiving such
training perform their official duties;
(4) other topics determined by the Secretary to be
appropriate; and
(5) a post-training evaluation for personnel receiving the
training.
(c) Training Curriculum Review.--The Secretary shall
annually reassess the training program established under
subsection (a) to ensure it is consistent with current
techniques, patterns, and trends associated with human
trafficking.
SEC. 903. CERTIFICATION AND REPORT TO CONGRESS.
(a) Certification.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall certify to
Congress that all personnel referred to in section 402(a)
have successfully completed the training required under that
section.
(b) Report to Congress.--Not later than 1 year after the
date of the enactment of this Act and annually thereafter,
the Secretary shall report to Congress with respect to the
overall effectiveness of the program required by this title,
the number of cases reported by Department personnel in which
human trafficking was suspected, and, of those cases, the
number of cases that were confirmed cases of human
trafficking.
SEC. 904. ASSISTANCE TO NON-FEDERAL ENTITIES.
The Secretary may provide training curricula to any State,
local, or tribal government or private organization to assist
the government or organization in establishing a program of
training to identify human trafficking, upon request from the
government or organization.
SEC. 905. EXPANDED USE OF DOMESTIC TRAFFICKING VICTIMS' FUND.
Section 3014(e)(1) of title 18, United States Code, as
added by section 101 of this Act, is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) section 106 of the PROTECT Our Children Act of 2008
(42 U.S.C. 17616).''.
TITLE X--HUMAN TRAFFICKING SURVIVORS RELIEF AND EMPOWERMENT ACT
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Human Trafficking
Survivors Relief and Empowerment Act of 2015''.
SEC. 1002. PROTECTIONS FOR HUMAN TRAFFICKING SURVIVORS.
Section 1701(c) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796dd(c)) is amended by
striking ``where feasible'' and all that follows, and
inserting the following: ``where feasible, to an
application--
``(1) for hiring and rehiring additional career law
enforcement officers that involves a non-Federal contribution
exceeding the 25 percent minimum under subsection (g); or
``(2) from an applicant in a State that has in effect a
law--
``(A) that--
``(i) provides a process by which an individual who is a
human trafficking survivor can move to vacate any arrest or
conviction records for a non-violent offense committed as a
direct result of human trafficking, including prostitution or
lewdness;
``(ii) establishes a rebuttable presumption that any arrest
or conviction of an individual for an offense associated with
human trafficking is a result of being trafficked, if the
individual--
``(I) is a person granted nonimmigrant status pursuant to
section 101(a)(15)(T)(i) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(T)(i));
``(II) is the subject of a certification by the Secretary
of Health and Human Services under section 107(b)(1)(E) of
the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7105(b)(1)(E)); or
``(III) has other similar documentation of trafficking,
which has been issued by a Federal, State, or local agency;
and
``(iii) protects the identity of individuals who are human
trafficking survivors in public and court records; and
``(B) that does not require an individual who is a human
trafficking survivor to provide official documentation as
described in subclause (I), (II), or (III) of subparagraph
(A)(ii) in order to receive protection under the law.''.
The PRESIDING OFFICER (Mr. Gardner). The majority leader.
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