S. 47 — what changed
Violence Against Women Reauthorization Act of 2013
From Placed on Calendar Senate to Engrossed in Senate. 4 sections amended and 27 added between Placed on Calendar Senate and Engrossed in Senate.
Sec. 204 Enhanced training and services to end abuse in later life
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“H Enhanced training and services to To end abuse later in life
“40801. Enhanced training and services to end abuse in later life
“(a) Definitions—In this section—
“(1) the term “exploitation” has the meaning given the term in section 2011 of the Social Security Act (42 U.S.C. 1397j);
“(2) the term “later life”, relating to an individual, means the individual is 50 years of age or older; and
“(3) the term “neglect” means the failure of a caregiver or fiduciary to provide the goods or services that are necessary to maintain the health or safety of an individual in later life.
“(b) Grant Program
“(1) Grants authorized—The Attorney General may make grants to eligible entities to carry out the activities described in paragraph (2).
“(2) Mandatory and permissible activities
“(A) Mandatory activities—An eligible entity receiving a grant under this section shall use the funds received under the grant to—
“(i) provide training programs to assist law enforcement agencies, prosecutors, agencies of States or units of local government, population specific organizations, victim service providers, victim advocates, and relevant officers in Federal, tribal, State, territorial, and local courts in recognizing and addressing instances of elder abuse;
“(ii) provide or enhance services for victims of abuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect;
“(iii) establish or support multidisciplinary collaborative community responses to victims of abuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect; and
“(iv) conduct cross-training for law enforcement agencies, prosecutors, agencies of States or units of local government, attorneys, health care providers, population specific organizations, faith-based advocates, victim service providers, and courts to better serve victims of abuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect.
“(B) Permissible activities—An eligible entity receiving a grant under this section may use the funds received under the grant to—
“(i) provide training programs to assist attorneys, health care providers, faith-based leaders, or other community-based organizations in recognizing and addressing instances of abuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect; or
“(ii) conduct outreach activities and awareness campaigns to ensure that victims of abuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect receive appropriate assistance.
“(C) Waiver—The Attorney General may waive 1 or more of the activities described in subparagraph (A) upon making a determination that the activity would duplicate services available in the community.
“(D) Limitation—An eligible entity receiving a grant under this section may use not more than 10 percent of the total funds received under the grant for an activity described in subparagraph (B)(ii).
“(3) Eligible entities—An entity shall be eligible to receive a grant under this section if—
“(A) the entity is—
“(i) a State;
“(ii) a unit of local government;
“(iii) a tribal government or tribal organization;
“(iv) a population specific organization with demonstrated experience in assisting individuals over 50 years of age;
“(v) a victim service provider with demonstrated experience in addressing domestic violence, dating violence, sexual assault, and stalking; or
“(vi) a State, tribal, or territorial domestic violence or sexual assault coalition; and
“(B) the entity demonstrates that it is part of a multidisciplinary partnership that includes, at a minimum—
“(i) a law enforcement agency;
“(ii) a prosecutor’s office;
“(iii) a victim service provider; and
“(iv) a nonprofit program or government agency with demonstrated experience in assisting individuals in later life;
“(4) Underserved populations—In making grants under this section, the Attorney General shall give priority to proposals providing services to culturally specific and underserved populations.
“(5) Authorization of appropriations—There is authorized to be appropriated to carry out this section $9,000,000 for each of fiscal years 2014 through 2018.”
Sec. 302 Creating hope through outreach, options, services, and education for children and youth
Subtitle L of the Violence Against Women Act of 1994 is amended by striking sections 41201 through 41204 (42 U.S.C. 14043c through 14043c–3) and inserting the following:
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“41201. Creating Hope hope through Outreach, Options, Services, outreach, options, services, and Education education for Children children and Youth (CHOOSE Children youth (choose children & Youth)youth)
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“(a) Grants authorized—The Attorney General, working in collaboration with the Secretary of Health and Human Services and the Secretary of Education, shall award grants to enhance the safety of youth and children who are victims of, or exposed to, domestic violence, dating violence, sexual assault, stalking, or stalking sex trafficking and prevent future violence.
“(b) Program purposes—Funds provided under this section may be used for the following program purpose areas:
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“(1) Services to advocate for and respond to youth—To develop, expand, and strengthen victim-centered interventions and services that target youth who are victims of domestic violence, dating violence, sexual assault, stalking, and stalking. sex trafficking. Services may include victim services, counseling, advocacy, mentoring, educational support, transportation, legal assistance in civil, criminal and administrative matters, such as family law cases, housing cases, child welfare proceedings, campus administrative proceedings, and civil protection order proceedings, services to address the co-occurrence of sex trafficking, population-specific services, and other activities that support youth in finding safety, stability, and justice and in addressing the emotional, cognitive, and physical effects of trauma. Funds may be used to—
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“(A) assess and analyze currently available services for youth victims of domestic violence, dating violence, sexual assault, and stalking, and sex trafficking, determining relevant barriers to such services in a particular locality, and developing a community protocol to address such problems collaboratively;
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“(B) develop and implement policies, practices, and procedures to effectively respond to domestic violence, dating violence, sexual assault, stalking, or stalking sex trafficking against youth; or
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“(C) provide technical assistance and training to enhance the ability of school personnel, victim service providers, child protective service workers, staff of law enforcement agencies, prosecutors, court personnel, individuals who work in after school programs, medical personnel, social workers, mental health personnel, and workers in other programs that serve children and youth to improve their ability to appropriately respond to the needs of children and youth who are victims of domestic violence, dating violence, sexual assault, and stalking, and sex trafficking, and to properly refer such children, youth, and their families to appropriate services.
“(2) Supporting youth through education and protection—To enable middle schools, high schools, and institutions of higher education to—
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“(A) provide training to school personnel, including healthcare providers and security personnel, on the needs of students who are victims of domestic violence, dating violence, sexual assault, stalking, or stalking;sex trafficking;
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“(B) develop and implement prevention and intervention policies in middle and high schools, including appropriate responses to, and identification and referral procedures for, students who are experiencing or perpetrating domestic violence, dating violence, sexual assault, or stalking, or sex trafficking, and procedures for handling the requirements of court protective orders issued to or against students;
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“(C) provide support services for student victims of domestic violence, dating violence, sexual assault or assault, stalking, or sex trafficking, such as a resource person who is either on-site or on-call;
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“(D) implement developmentally appropriate educational programming for students regarding domestic violence, dating violence, sexual assault, stalking, and stalking sex trafficking and the impact of such violence on youth; or
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“(E) develop strategies to increase identification, support, referrals, and prevention programming for youth who are at high risk of domestic violence, dating violence, sexual assault, stalking, or stalking.sex trafficking.
“(c) Eligible applicants
“(1) In general—To be eligible to receive a grant under this section, an entity shall be—
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“(A) a victim service provider, tribal nonprofit, or population-specific or community-based organization with a demonstrated history of effective work addressing the needs of youth who are, including runaway or homeless youth affected by, victims of domestic violence, dating violence, sexual assault, stalking, or stalking;sex trafficking;
“(B) a victim service provider that is partnered with an entity that has a demonstrated history of effective work addressing the needs of youth; or
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“(C) a public, charter, tribal, or nationally accredited private middle or high school, a school administered by the Department of Defense under section 2164 of title 10, United States Code or section 1402 of the Defense Dependents’ Dependents' Education Act of 1978, a group of schools, a school district, or an institution of higher education.
“(2) Partnerships
“(A) Education—To be eligible to receive a grant for the purposes described in subsection (b)(2), an entity described in paragraph (1) shall be partnered with a public, charter, tribal, or nationally accredited private middle or high school, a school administered by the Department of Defense under section 2164 of title 10, United States Code or section 1402 of the Defense Dependents' Education Act of 1978, a group of schools, a school district, or an institution of higher education.
“(B) Other partnerships—All applicants under this section are encouraged to work in partnership with organizations and agencies that work with the relevant population. Such entities may include—
“(i) a State, tribe, unit of local government, or territory;
“(ii) a population specific or community-based organization;
“(iii) batterer intervention programs or sex offender treatment programs with specialized knowledge and experience working with youth offenders; or
“(iv) any other agencies or nonprofit, nongovernmental organizations with the capacity to provide effective assistance to the adult, youth, and child victims served by the partnership.
“(d) Grantee requirements—Applicants for grants under this section shall establish and implement policies, practices, and procedures that—
“(1) require and include appropriate referral systems for child and youth victims;
“(2) protect the confidentiality and privacy of child and youth victim information, particularly in the context of parental or third party involvement and consent, mandatory reporting duties, and working with other service providers all with priority on victim safety and autonomy; and
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“(3) ensure that all individuals providing intervention or prevention programming to children or youth through a program funded under this section have completed, or will complete, sufficient training in connection with domestic violence, dating violence, sexual assault assault, stalking, and stalking.sex trafficking.
“(e) Definitions and grant conditions—In this section, the definitions and grant conditions provided for in section 40002 shall apply.
“(f) Authorization of appropriations—There is authorized to be appropriated to carry out this section, $15,000,000 for each of fiscal years 2014 through 2018.
“(g) Allotment
“(1) In general—Not less than 50 percent of the total amount appropriated under this section for each fiscal year shall be used for the purposes described in subsection (b)(1).
“(2) Indian tribes—Not less than 10 percent of the total amount appropriated under this section for each fiscal year shall be made available for grants under the program authorized by section 2015 of the Omnibus Crime Control and Safe Streets Act of 1968. The requirements of this section shall not apply to funds allocated under this paragraph.
“(h) Priority—The Attorney General shall prioritize grant applications under this section that coordinate with prevention programs in the community.”
Sec. 905 Tribal protection orders
added Section 2265 of title 18, United States Code, is amended by striking subsection (e) and inserting the following:
added “(e) Tribal court jurisdiction—For purposes of this section, a court of an Indian tribe shall have full civil jurisdiction to issue and enforce protection orders involving any person, including the authority to enforce any orders through civil contempt proceedings, to exclude violators from Indian land, and to use other appropriate mechanisms, in matters arising anywhere in the Indian country of the Indian tribe (as defined in section 1151) or otherwise within the authority of the Indian tribe.”
removed
“(e) Tribal court jurisdiction—For purposes of this section, a court of an Indian tribe shall have full civil jurisdiction to issue and enforce protection orders involving any person, including the authority to enforce any orders through civil contempt proceedings, to exclude violators from Indian land, and to use other appropriate mechanisms, in matters arising anywhere in the Indian country of the Indian tribe (as defined in section 1151) or otherwise within the authority of the Indian tribe.”
Sec. 910 Special rule for the State of Alaska
Sec. 1201 Regional strategies for combating trafficking in persons
addedadded Section 105 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103) is amended—
added “(f) Regional strategies for combating trafficking in persons—Each regional bureau in the Department of State shall contribute to the realization of the anti-trafficking goals and objectives of the Secretary of State. Each year, in cooperation with the Office to Monitor and Combat Trafficking in Persons, each regional bureau shall submit a list of anti-trafficking goals and objectives to the Secretary of State for each country in the geographic area of responsibilities of the regional bureau. Host governments shall be informed of the goals and objectives for their particular country and, to the extent possible, host government officials should be consulted regarding the goals and objectives.”
Sec. 1202 Partnerships against significant trafficking in persons
addedadded The Trafficking Victims Protection Act of 2000 is amended by inserting after section 105 (22 U.S.C. 7103) the following:
added “105A. Creating, building, and strengthening partnerships against significant trafficking in persons
added “(a) Declaration of purpose—The purpose of this section is to promote collaboration and cooperation—
added “(1) between the United States Government and governments listed on the annual Trafficking in Persons Report;
added “(2) between foreign governments and civil society actors; and
added “(3) between the United States Government and private sector entities.
added “(b) Partnerships—The Director of the office established pursuant to section 105(e)(1) of this Act, in coordination and cooperation with other officials at the Department of State, officials at the Department of Labor, and other relevant officials of the United States Government, shall promote, build, and sustain partnerships between the United States Government and private entities, including foundations, universities, corporations, community-based organizations, and other nongovernmental organizations, to ensure that—
added “(1) United States citizens do not use any item, product, or material produced or extracted with the use and labor from victims of severe forms of trafficking; and
added “(2) such entities do not contribute to trafficking in persons involving sexual exploitation.
added “(c) Program To address emergency situations—The Secretary of State, acting through the Director established pursuant to section 105(e)(1) of this Act, is authorized to establish a fund to assist foreign governments in meeting unexpected, urgent needs in prevention of trafficking in persons, protection of victims, and prosecution of trafficking offenders.
added “(d) Child protection compacts
added “(1) In general—The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, the Secretary of Labor, and the heads of other relevant agencies, is authorized to provide assistance under this section for each country that enters into a child protection compact with the United States to support policies and programs that—
added “(A) prevent and respond to violence, exploitation, and abuse against children; and
added “(B) measurably reduce the trafficking of minors by building sustainable and effective systems of justice, prevention, and protection.
added “(2) Elements—A child protection compact under this subsection shall establish a multi-year plan for achieving shared objectives in furtherance of the purposes of this Act. The compact should take into account, if applicable, the national child protection strategies and national action plans for human trafficking of a country, and shall describe—
added “(A) the specific objectives the foreign government and the United States Government expect to achieve during the term of the compact;
added “(B) the responsibilities of the foreign government and the United States Government in the achievement of such objectives;
added “(C) the particular programs or initiatives to be undertaken in the achievement of such objectives and the amount of funding to be allocated to each program or initiative by both countries;
added “(D) regular outcome indicators to monitor and measure progress toward achieving such objectives;
added “(E) a multi-year financial plan, including the estimated amount of contributions by the United States Government and the foreign government, and proposed mechanisms to implement the plan and provide oversight;
added “(F) how a country strategy will be developed to sustain progress made toward achieving such objectives after expiration of the compact; and
added “(G) how child protection data will be collected, tracked, and managed to provide strengthened case management and policy planning.
added “(3) Form of assistance—Assistance under this subsection may be provided in the form of grants, cooperative agreements, or contracts to or with national governments, regional or local governmental units, or non-governmental organizations or private entities with expertise in the protection of victims of severe forms of trafficking in persons.
added “(4) Eligible countries—The Secretary of State, in consultation with the agencies set forth in paragraph (1) and relevant officers of the Department of Justice, shall select countries with which to enter into child protection compacts. The selection of countries under this paragraph shall be based on—
added “(A) the selection criteria set forth in paragraph (5); and
added “(B) objective, documented, and quantifiable indicators, to the maximum extent possible.
added “(5) Selection criteria—A country shall be selected under paragraph (4) on the basis of criteria developed by the Secretary of State in consultation with the Administrator of the United States Agency for International Development and the Secretary of Labor. Such criteria shall include—
added “(A) a documented high prevalence of trafficking in persons within the country; and
added “(B) demonstrated political motivation and sustained commitment by the government of such country to undertake meaningful measures to address severe forms of trafficking in persons, including prevention, protection of victims, and the enactment and enforcement of anti-trafficking laws against perpetrators.
added “(6) Suspension and termination of assistance
added “(A) In general—The Secretary may suspend or terminate assistance provided under this subsection in whole or in part for a country or entity if the Secretary determines that—
added “(i) the country or entity is engaged in activities that are contrary to the national security interests of the United States;
added “(ii) the country or entity has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the country or entity, as the case may be; or
added “(iii) the country or entity has failed to adhere to its responsibilities under the Compact.
added “(B) Reinstatement—The Secretary may reinstate assistance for a country or entity suspended or terminated under this paragraph only if the Secretary determines that the country or entity has demonstrated a commitment to correcting each condition for which assistance was suspended or terminated under subparagraph (A).”
Sec. 1203 Protection and assistance for victims of trafficking
addedSec. 1204 Minimum standards for the elimination of trafficking
addedadded Section 108(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7106(b)) is amended—
added “(9) Whether the government has entered into effective, transparent partnerships, cooperative arrangements, or agreements that have resulted in concrete and measurable outcomes with—
added “(A) domestic civil society organizations, private sector entities, or international nongovernmental organizations, or into multilateral or regional arrangements or agreements, to assist the government’s efforts to prevent trafficking, protect victims, and punish traffickers; or
added “(B) the United States toward agreed goals and objectives in the collective fight against trafficking.”
Sec. 1205 Best practices in trafficking in persons eradication
addedadded Section 110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)) is amended—
added “(G) a section entitled “Promising Practices in the Eradication of Trafficking in Persons” to highlight effective practices and use of innovation and technology in prevention, protection, prosecution, and partnerships, including by foreign governments, the private sector, and domestic civil society actors.”
added “(E) Public notice—Not later than 30 days after notifying Congress of each country determined to have met the requirements under subclauses (I) through (III) of subparagraph (D)(ii), the Secretary of State shall provide a detailed description of the credible evidence supporting such determination on a publicly available website maintained by the Department of State.”
Sec. 1206 Protections for domestic workers and other nonimmigrants
addedadded Section 202 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1375b) is amended—
added “(4) Deadline for video development and distribution—Not later than 1 year after the date of the enactment of the Violence Against Women Reauthorization Act of 2013, the Secretary of State shall make available the video developed under subsection (a) produced or dubbed in all the languages referred to in subsection (c).”
Sec. 1207 Prevention of child marriage
addedadded “(j) Prevention of child trafficking through child marriage—The Secretary of State shall establish and implement a multi-year, multi-sectoral strategy—
added “(1) to prevent child marriage;
added “(2) to promote the empowerment of girls at risk of child marriage in developing countries;
added “(3) that should address the unique needs, vulnerabilities, and potential of girls younger than 18 years of age in developing countries;
added “(4) that targets areas in developing countries with high prevalence of child marriage; and
added “(5) that includes diplomatic and programmatic initiatives.”
added “(g) Child marriage status
added “(1) In general—The report required under subsection (d) shall include, for each country in which child marriage is prevalent, a description of the status of the practice of child marriage in such country.
added “(2) Defined term—In this subsection, the term child marriage means the marriage of a girl or boy who is—
added “(A) younger than the minimum age for marriage under the laws of the country in which such girl or boy is a resident; or
added “(B) younger than 18 years of age, if no such law exists.”
added “(i) Child marriage status
added “(1) In general—The report required under subsection (b) shall include, for each country in which child marriage is prevalent, a description of the status of the practice of child marriage in such country.
added “(2) Defined term—In this subsection, the term child marriage means the marriage of a girl or boy who is—
added “(A) younger than the minimum age for marriage under the laws of the country in which such girl or boy is a resident; or
added “(B) younger than 18 years of age, if no such law exists.”
Sec. 1208 Child soldiers
addedadded Section 404 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (22 U.S.C. 2370c–1) is amended—
added “(f) Exception for peacekeeping operations—The limitation set forth in subsection (a) that relates to section 551 of the Foreign Assistance Act of 1961 shall not apply to programs that support military professionalization, security sector reform, heightened respect for human rights, peacekeeping preparation, or the demobilization and reintegration of child soldiers.”
Sec. 1211 Criminal trafficking offenses
addedadded “1597. Unlawful conduct with respect to immigration documents
added “(a) Destruction, concealment, removal, confiscation, or possession of immigration documents—It shall be unlawful for any person to knowingly destroy, conceal, remove, confiscate, or possess, an actual or purported passport or other immigration document of another individual —
added “(1) in the course of violating section 1351 of this title or section 274 of the Immigration and Nationality Act (8 U.S.C. 1324);
added “(2) with intent to violate section 1351 of this title or section 274 of the Immigration and Nationality Act (8 U.S.C. 1324); or
added “(3) in order to, without lawful authority, maintain, prevent, or restrict the labor of services of the individual.
added “(b) Penalty—Any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 1 year, or both.
added “(c) Obstruction—Any person who knowingly obstructs, attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall be subject to the penalties described in subsection (b).”
Sec. 1212 Civil remedies; clarifying definition
addedadded “(1) Abuse or threatened abuse of law or legal process—The term abuse or threatened abuse of the legal process means the use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, in order to exert pressure on another person to cause that person to take some action or refrain from taking some action.”
Sec. 1221 Protections for trafficking victims who cooperate with law enforcement
addedadded Section 101(a)(15)(T)(ii)(III) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(T)(ii)(III) is amended by inserting “, or any adult or minor children of a derivative beneficiary of the alien, as” after “age”.
Sec. 1222 Protection against fraud in foreign labor contracting
addedadded Section 101(a)(15)(U)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)) is amended by inserting “fraud in foreign labor contracting (as defined in section 1351 of title 18, United States Code);” after “perjury;”.
Sec. 1231 Reporting requirements for the Attorney General
addedadded Section 105(d)(7) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is amended—
added “(B) the number of persons who have been granted continued presence in the United States under section 107(c)(3) during the preceding fiscal year and the mean and median time taken to adjudicate applications submitted under such section, including the time from the receipt of an application by law enforcement to the issuance of continued presence, and a description of any efforts being taken to reduce the adjudication and processing time while ensuring the safe and competent processing of the applications;
added “(C) the number of persons who have applied for, been granted, or been denied a visa or otherwise provided status under subparagraph (T)(i) or (U)(i) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) during the preceding fiscal year;
added “(D) the number of persons who have applied for, been granted, or been denied a visa or status under clause (ii) of section 101(a)(15)(T) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(T)) during the preceding fiscal year, broken down by the number of such persons described in subclauses (I), (II), and (III) of such clause (ii);
added “(E) the amount of Federal funds expended in direct benefits paid to individuals described in subparagraph (D) in conjunction with T visa status;
added “(F) the number of persons who have applied for, been granted, or been denied a visa or status under section 101(a)(15)(U)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(i)) during the preceding fiscal year;
added “(G) the mean and median time in which it takes to adjudicate applications submitted under the provisions of law set forth in subparagraph (C), including the time between the receipt of an application and the issuance of a visa and work authorization;
added “(H) any efforts being taken to reduce the adjudication and processing time, while ensuring the safe and competent processing of the applications;”
added “(P) the activities undertaken by Federal agencies to train appropriate State, tribal, and local government and law enforcement officials to identify victims of severe forms of trafficking, including both sex and labor trafficking;
added “(Q) the activities undertaken by Federal agencies in cooperation with State, tribal, and local law enforcement officials to identify, investigate, and prosecute offenses under sections 1581, 1583, 1584, 1589, 1590, 1592, and 1594 of title 18, United States Code, or equivalent State offenses, including, in each fiscal year—
added “(i) the number, age, gender, country of origin, and citizenship status of victims identified for each offense;
added “(ii) the number of individuals charged, and the number of individuals convicted, under each offense;
added “(iii) the number of individuals referred for prosecution for State offenses, including offenses relating to the purchasing of commercial sex acts;
added “(iv) the number of victims granted continued presence in the United States under section 107(c)(3); and
added “(v) the number of victims granted a visa or otherwise provided status under subparagraph (T)(i) or (U)(i) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and
added “(R) the activities undertaken by the Department of Justice and the Department of Health and Human Services to meet the specific needs of minor victims of domestic trafficking, including actions taken pursuant to subsection (f) and section 202(a) of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044(a)), and the steps taken to increase cooperation among Federal agencies to ensure the effective and efficient use of programs for which the victims are eligible.”
Sec. 1232 Reporting requirements for the Secretary of Labor
addedadded Section 105(b) of the Trafficking Victims Protection Act of 2005 (22 U.S.C. 7112(b)) is amended by adding at the end the following:
added “(3) Submission to congress—Not later than December 1, 2014, and every 2 years thereafter, the Secretary of Labor shall submit the list developed under paragraph (2)(C) to Congress.”
Sec. 1233 Information sharing to combat child labor and slave labor
addedadded Section 105(a) of the Trafficking Victims Protection Act of 2005 (22 U.S.C. 7112(a)) is amended by adding at the end the following:
added “(3) Information sharing—The Secretary of State shall, on a regular basis, provide information relating to child labor and forced labor in the production of goods in violation of international standards to the Department of Labor to be used in developing the list described in subsection (b)(2)(C).”
Sec. 1234 Government training efforts to include the Department of Labor
addedadded Section 107(c)(4) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(c)(4)) is amended—
Sec. 1235 GAO report on the use of foreign labor contractors
addedSec. 1236 Accountability
addedadded All grants awarded by the Attorney General under this title or an Act amended by this title shall be subject to the following accountability provisions:
Sec. 1241 Assistance for domestic minor sex trafficking victims
addedadded “202. Establishment of a grant program to develop, expand, and strengthen assistance programs for certain persons subject to trafficking
added “(a) Definitions—In this section:
added “(1) Assistant secretary—The term Assistant Secretary means the Assistant Secretary for Children and Families of the Department of Health and Human Services.
added “(2) Assistant attorney general—The term Assistant Attorney General means the Assistant Attorney General for the Office of Justice Programs of the Department of Justice.
added “(3) Eligible entity—The term eligible entity means a State or unit of local government that—
added “(A) has significant criminal activity involving sex trafficking of minors;
added “(B) has demonstrated cooperation between Federal, State, local, and, where applicable, tribal law enforcement agencies, prosecutors, and social service providers in addressing sex trafficking of minors;
added “(C) has developed a workable, multi-disciplinary plan to combat sex trafficking of minors, including—
added “(i) building or establishing a residential care facility for minor victims of sex trafficking;
added “(ii) the provision of rehabilitative care to minor victims of sex trafficking;
added “(iii) the provision of specialized training for law enforcement officers and social service providers for all forms of sex trafficking, with a focus on sex trafficking of minors;
added “(iv) prevention, deterrence, and prosecution of offenses involving sex trafficking of minors;
added “(v) cooperation or referral agreements with organizations providing outreach or other related services to runaway and homeless youth; and
added “(vi) law enforcement protocols or procedures to screen all individuals arrested for prostitution, whether adult or minor, for victimization by sex trafficking and by other crimes, such as sexual assault and domestic violence; and
added “(D) provides assurance that a minor victim of sex trafficking shall not be required to collaborate with law enforcement to have access to residential care or services provided with a grant under this section.
added “(4) Minor victim of sex trafficking—The term minor victim of sex trafficking means an individual who—
added “(A) is younger than 18 years of age, and is a victim of an offense described in section 1591(a) of title 18, United States Code, or a comparable State law; or
added “(B)
added “(i) is not younger than 18 years of age nor older than 20 years of age;
added “(ii) before the individual reached 18 years of age, was described in subparagraph (A); and
added “(iii) was receiving shelter or services as a minor victim of sex trafficking.
added “(5) Qualified nongovernmental organization—The term qualified nongovernmental organization means an organization that—
added “(A) is not a State or unit of local government, or an agency of a State or unit of local government;
added “(B) has demonstrated experience providing services to victims of sex trafficking or related populations (such as runaway and homeless youth), or employs staff specialized in the treatment of sex trafficking victims; and
added “(C) demonstrates a plan to sustain the provision of services beyond the period of a grant awarded under this section.
added “(6) Sex trafficking of a minor—The term sex trafficking of a minor means an offense described in section 1591(a) of title 18, United States Code, or a comparable State law, against a minor.
added “(b) Sex trafficking block grants
added “(1) Grants authorized
added “(A) In general—The Assistant Attorney General, in consultation with the Assistant Secretary, may make block grants to 4 eligible entities located in different regions of the United States to combat sex trafficking of minors.
added “(B) Requirement—Not fewer than 1 of the block grants made under subparagraph (A) shall be awarded to an eligible entity with a State population of less than 5,000,000.
added “(C) Grant amount—Subject to the availability of appropriations under subsection (g) to carry out this section, each grant made under this section shall be for an amount not less than $1,500,000 and not greater than $2,000,000.
added “(D) Duration
added “(i) In general—A grant made under this section shall be for a period of 1 year.
added “(ii) Renewal
added “(I) In general—The Assistant Attorney General may renew a grant under this section for up to 3 1-year periods.
added “(II) Priority—In making grants in any fiscal year after the first fiscal year in which grants are made under this section, the Assistant Attorney General shall give priority to an eligible entity that received a grant in the preceding fiscal year and is eligible for renewal under this subparagraph, taking into account any evaluation of the eligible entity conducted under paragraph (4), if available.
added “(E) Consultation—In carrying out this section, the Assistant Attorney General shall consult with the Assistant Secretary with respect to—
added “(i) evaluations of grant recipients under paragraph (4);
added “(ii) avoiding unintentional duplication of grants; and
added “(iii) any other areas of shared concern.
added “(2) Use of funds
added “(A) Allocation—Not less than 67 percent of each grant made under paragraph (1) shall be used by the eligible entity to provide residential care and services (as described in clauses (i) through (iv) of subparagraph (B)) to minor victims of sex trafficking through qualified nongovernmental organizations.
added “(B) Authorized activities—Grants awarded pursuant to paragraph (2) may be used for—
added “(i) providing residential care to minor victims of sex trafficking, including temporary or long-term placement as appropriate;
added “(ii) providing 24-hour emergency social services response for minor victims of sex trafficking;
added “(iii) providing minor victims of sex trafficking with clothing and other daily necessities needed to keep such victims from returning to living on the street;
added “(iv) case management services for minor victims of sex trafficking;
added “(v) mental health counseling for minor victims of sex trafficking, including specialized counseling and substance abuse treatment;
added “(vi) legal services for minor victims of sex trafficking;
added “(vii) specialized training for social service providers, public sector personnel, and private sector personnel likely to encounter sex trafficking victims on issues related to the sex trafficking of minors and severe forms of trafficking in persons;
added “(viii) outreach and education programs to provide information about deterrence and prevention of sex trafficking of minors;
added “(ix) programs to provide treatment to individuals charged or cited with purchasing or attempting to purchase sex acts in cases where—
added “(I) a treatment program can be mandated as a condition of a sentence, fine, suspended sentence, or probation, or is an appropriate alternative to criminal prosecution; and
added “(II) the individual was not charged with purchasing or attempting to purchase sex acts with a minor; and
added “(x) screening and referral of minor victims of severe forms of trafficking in persons.
added “(3) Application
added “(A) In general—Each eligible entity desiring a grant under this section shall submit an application to the Assistant Attorney General at such time, in such manner, and accompanied by such information as the Assistant Attorney General may reasonably require.
added “(B) Contents—Each application submitted pursuant to subparagraph (A) shall—
added “(i) describe the activities for which assistance under this section is sought; and
added “(ii) provide such additional assurances as the Assistant Attorney General determines to be essential to ensure compliance with the requirements of this section.
added “(4) Evaluation—The Assistant Attorney General shall enter into a contract with an academic or non-profit organization that has experience in issues related to sex trafficking of minors and evaluation of grant programs to conduct an annual evaluation of each grant made under this section to determine the impact and effectiveness of programs funded with the grant.
added “(c) Mandatory exclusion—An eligible entity that receives a grant under this section that is found to have utilized grant funds for any unauthorized expenditure or otherwise unallowable cost shall not be eligible for any grant funds awarded under the grant for 2 fiscal years following the year in which the unauthorized expenditure or unallowable cost is reported.
added “(d) Compliance requirement—An eligible entity shall not be eligible to receive a grant under this section if, during the 5 fiscal years before the eligible entity submits an application for the grant, the eligible entity has been found to have violated the terms or conditions of a Government grant program by utilizing grant funds for unauthorized expenditures or otherwise unallowable costs.
added “(e) Administrative cap—The cost of administering the grants authorized by this section shall not exceed 3 percent of the total amount appropriated to carry out this section.
added “(f) Audit requirement—For fiscal years 2016 and 2017, the Inspector General of the Department of Justice shall conduct an audit of all 4 eligible entities that receive block grants under this section.
added “(g) Match requirement—An eligible entity that receives a grant under this section shall provide a non-Federal match in an amount equal to not less than—
added “(1) 15 percent of the grant during the first year;
added “(2) 25 percent of the grant during the first renewal period;
added “(3) 40 percent of the grant during the second renewal period; and
added “(4) 50 percent of the grant during the third renewal period.
added “(h) No limitation on section 204 grants—An entity that applies for a grant under section 204 is not prohibited from also applying for a grant under this section.
added “(i) Authorization of appropriations—There are authorized to be appropriated $8,000,000 to the Attorney General for each of the fiscal years 2014 through 2017 to carry out this section.
added “(j) GAO evaluation—Not later than 30 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress that contains—
added “(1) an evaluation of the impact of this section in aiding minor victims of sex trafficking in the jurisdiction of the entity receiving the grant; and
added “(2) recommendations, if any, regarding any legislative or administrative action the Comptroller General determines appropriate.”
Sec. 1242 Expanding local law enforcement grants for investigations and prosecutions of trafficking
addedadded Section 204 of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044c) is amended—
added “(B) to train law enforcement personnel how to identify victims of severe forms of trafficking in persons and related offenses;”
added “(d) No limitation on section 202 grant applications—An entity that applies for a grant under section 202 is not prohibited from also applying for a grant under this section.”
added “(f) GAO evaluation and report—Not later than 30 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study of and submit to Congress a report evaluating the impact of this section on—
added “(1) the ability of law enforcement personnel to identify victims of severe forms of trafficking in persons and investigate and prosecute cases against offenders, including offenders who engage in the purchasing of commercial sex acts with a minor; and
added “(2) recommendations, if any, regarding any legislative or administrative action the Comptroller General determines appropriate to improve the ability described in paragraph (1).”
Sec. 1243 Model State criminal law protection for child trafficking victims and survivors
addedadded Section 225(b) of the Trafficking Victims Reauthorization Act of 2008 (22 U.S.C. 7101 note) is amended—
added “(2) protects children exploited through prostitution by including safe harbor provisions that—
added “(A) treat an individual under 18 years of age who has been arrested for engaging in, or attempting to engage in, a sexual act with another person in exchange for monetary compensation as a victim of a severe form of trafficking in persons;
added “(B) prohibit the charging or prosecution of an individual described in subparagraph (A) for a prostitution offense;
added “(C) require the referral of an individual described in subparagraph (A) to appropriate service providers, including comprehensive service or community-based programs that provide assistance to child victims of commercial sexual exploitation; and
added “(D) provide that an individual described in subparagraph (A) shall not be required to prove fraud, force, or coercion in order to receive the protections described under this paragraph;”
Sec. 1251 Adjustment of authorization levels for the Trafficking Victims Protection Act of 2000
addedadded The Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.) is amended—
Sec. 1252 Adjustment of authorization levels for the Trafficking Victims Protection Reauthorization Act of 2005
addedadded The Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109–164) is amended—
Sec. 1261 Appropriate custodial settings for unaccompanied minors who reach the age of majority while in Federal custody
addedadded Section 235(c)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(2)) is amended—
added “(A) Minors in department of health and human services custody—Subject to”
added “(B) Aliens transferred from department of health and human services to department of homeland security custody—If a minor described in subparagraph (A) reaches 18 years of age and is transferred to the custody of the Secretary of Homeland Security, the Secretary shall consider placement in the least restrictive setting available after taking into account the alien's danger to self, danger to the community, and risk of flight. Such aliens shall be eligible to participate in alternative to detention programs, utilizing a continuum of alternatives based on the alien's need for supervision, which may include placement of the alien with an individual or an organizational sponsor, or in a supervised group home.”
Sec. 1262 Appointment of child advocates for unaccompanied minors
addedadded Section 235(c)(6) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(6)) is amended—
added “(A) In general—The Secretary”
added “(B) Appointment of child advocates
added “(i) Initial sites—Not later than 2 years after the date of the enactment of the Violence Against Women Reauthorization Act of 2013, the Secretary of Health and Human Services shall appoint child advocates at 3 new immigration detention sites to provide independent child advocates for trafficking victims and vulnerable unaccompanied alien children.
added “(ii) Additional sites—Not later than 3 years after the date of the enactment of the Violence Against Women Reauthorization Act of 2013, the Secretary shall appoint child advocates at not more than 3 additional immigration detention sites.
added “(iii) Selection of sites—Sites at which child advocate programs will be established under this subparagraph shall be located at immigration detention sites at which more than 50 children are held in immigration custody, and shall be selected sequentially, with priority given to locations with—
added “(I) the largest number of unaccompanied alien children; and
added “(II) the most vulnerable populations of unaccompanied children.
added “(C) Restrictions
added “(i) Administrative expenses—A child advocate program may not use more that 10 percent of the Federal funds received under this section for administrative expenses.
added “(ii) Nonexclusivity—Nothing in this section may be construed to restrict the ability of a child advocate program under this section to apply for or obtain funding from any other source to carry out the programs described in this section.
added “(iii) Contribution of funds—A child advocate program selected under this section shall contribute non-Federal funds, either directly or through in-kind contributions, to the costs of the child advocate program in an amount that is not less than 25 percent of the total amount of Federal funds received by the child advocate program under this section. In-kind contributions may not exceed 40 percent of the matching requirement under this clause.
added “(D) Annual report to congress—Not later than 1 year after the date of the enactment of the Violence Against Women Reauthorization Act of 2013, and annually thereafter, the Secretary of Health and Human Services shall submit a report describing the activities undertaken by the Secretary to authorize the appointment of independent Child Advocates for trafficking victims and vulnerable unaccompanied alien children to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.
added “(E) Assessment of child advocate program
added “(i) In general—As soon as practicable after the date of the enactment of the Violence Against Women Reauthorization Act of 2013, the Comptroller General of the United States shall conduct a study regarding the effectiveness of the Child Advocate Program operated by the Secretary of Health and Human Services.
added “(ii) Matters to be studied—In the study required under clause (i), the Comptroller General shall— collect information and analyze the following:
added “(I) analyze the effectiveness of existing child advocate programs in improving outcomes for trafficking victims and other vulnerable unaccompanied alien children;
added “(II) evaluate the implementation of child advocate programs in new sites pursuant to subparagraph (B);
added “(III) evaluate the extent to which eligible trafficking victims and other vulnerable unaccompanied children are receiving child advocate services and assess the possible budgetary implications of increased participation in the program;
added “(IV) evaluate the barriers to improving outcomes for trafficking victims and other vulnerable unaccompanied children; and
added “(V) make recommendations on statutory changes to improve the Child Advocate Program in relation to the matters analyzed under subclauses (I) through (IV).
added “(iii) GAO report—Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit the results of the study required under this subparagraph to—
added “(I) the Committee on the Judiciary of the Senate;
added “(II) the Committee on Health, Education, Labor, and Pensions of the Senate;
added “(III) the Committee on the Judiciary of the House of Representatives; and
added “(IV) the Committee on Education and the Workforce of the House of Representatives.
added “(F) Authorization of appropriations—There are authorized to be appropriated to the Secretary and Human Services to carry out this subsection—
added “(i) $1,000,000 for each of the fiscal years 2014 and 2015; and
added “(ii) $2,000,000 for each of the fiscal years 2016 and 2017.”
Sec. 1263 Access to Federal foster care and unaccompanied refugee minor protections for certain U Visa recipients
addedadded Section 235(d)(4) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(d)(4)) is amended—