E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 113 CONGRESS, FIRST SESSION

Vol. 159 WASHINGTON, THURSDAY, FEBRUARY 7, 2013 No. 19 House of Representatives The House was not in session today. Its next meeting will be held on Friday, February 8, 2013, at 11 a.m. Senate THURSDAY, FEBRUARY 7, 2013

The Senate met at 9:30 a.m. and was consideration of the Violence Against that is, the reauthorization of the Vio- called to order by the President pro Women Act. The time until noon will lence Against Women Act. tempore (Mr. LEAHY). be divided and controlled equally be- But Senate passage means little if tween the two leaders or their des- our counterparts in the House fail to PRAYER ignees. At noon, Senator-designee act on this crucial legislation. They The Chaplain, Dr. Barry C. Black, of- COWAN of Massachusetts will be sworn failed once before. Let’s hope this year fered the following prayer: in to be a Member of the Senate. they will get it past the finish line. Let us pray. We expect to complete action on the The Republican-controlled House, I Eternal spirit, the fountain of life Violence Against Women Act. We hope repeat, failed to act last year, and the and truth, You make our plans suc- to be able to do that today. If we can- women of America do not want them to ceed. Today, shine the light of Your not, we will do it tomorrow. fail again. I was reassured to hear House Majority Leader CANTOR say presence upon our lawmakers, pro- f yesterday that he ‘‘cares very deeply viding them with the wisdom You have MEASURE PLACED ON THE about women.’’ He went on to say the promised to all who request it. May CALENDAR—S. 209 House would act to reauthorize the Vi- they primarily focus on pleasing You olence Against Women Act. rather than on political consequences, Mr. REID. Mr. President, I am told S. 209 is at the desk and due for a sec- But Americans heard the some prom- trusting You to guide them during ise last year. Despite overwhelming these challenging days. May what they onding reading; is that correct? The PRESIDENT pro tempore. The evidence that this legislation saves declare with their lips be proven with lives, House Republican leaders used their deeds. Lord, teach our lawmakers Senator is correct. The clerk will read the bill by title procedural gimmicks and stalling tac- to love You as You have loved them. tics to block its reauthorization. I We pray in Your sacred Name. Amen. for the second time. The assistant legislative clerk read would remind Leader CANTOR and his f as follows: Republican colleagues of the serious- PLEDGE OF ALLEGIANCE A bill (S. 209) to require a full audit of the ness of the delay. Board of Governors of the Federal Reserve Every minute House Republicans The Honorable PATRICK J. LEAHY led System and the Federal Reserve Bank by the wait to act, another 24 Americans will the Pledge of Allegiance, as follows: Comptroller General of the United States, become victims of domestic violence. I pledge allegiance to the Flag of the and for other purposes. Every day House Republicans stall, an- United States of America, and to the Repub- Mr. REID. Mr. President, I would ob- other three women will die at the lic for which it stands, one nation under God, ject to any further proceedings with re- hands of their abusers. Every year indivisible, with liberty and justice for all. spect to this bill. House Republicans put off action in f The PRESIDENT pro tempore. Objec- order to please extremists within their RECOGNITION OF THE MAJORITY tion is heard. The bill will be placed on own party, during that period of time LEADER the calendar. more than 200,000 women will be sexu- f ally assaulted, more than 2 million will The PRESIDENT pro tempore. The be stalked, and more than 1.3 million majority leader is recognized. VIOLENCE AGAINST WOMEN ACT women will be abused by their part- f Mr. REID. Mr. President, I am opti- ners. mistic that today the Senate will com- It has been almost 300 days since the SCHEDULE plete work on an important bipartisan Senate passed a bipartisan bill to help Mr. REID. Mr. President, following measure that has been directed by the law enforcement officials protect leader remarks, the Senate will resume President pro tempore of the Senate; women and their families across this

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S480 CONGRESSIONAL RECORD — SENATE February 7, 2013 country. But despite strong bipartisan The PRESIDING OFFICER. The Sen- sions to help protect Indian women support in the Senate, Republicans in ator from Vermont. from the serious problems they face. the House refused to join the efforts to Mr. LEAHY. Mr. President, first, I If anyone needs a reminder of how end domestic abuse. wish to applaud the distinguished lead- important government help can be, Those partisan delays put women’s er Senator REID for his statement. He just think about the way that Federal lives at risk. Thousands have written has helped us over and over again to and local law enforcement worked to- letters and e-mailed and called to sup- get this bill to the floor. The reason it gether earlier this week to rescue port this legislation. One Nevada is here is because of the action of the Ethan, a 5-year-old kidnapped boy, woman shared her story of how her distinguished majority leader in get- from an underground bunker in Ala- partner held a gun to her head and ting it up here. I was pleased to hear bama, where he had been held hostage threatened to pull the trigger. She es- his comments about hopefully finishing for almost a week. Ask the family and caped with her life, but many women this today or tomorrow. Anyway, it local law enforcement if they appre- are not so fortunate. Every year more should be done soon. This is a land- ciated the help of the FBI, the Defense than 1,000 women are killed by domes- mark law. Department and so many who contrib- tic abusers. Since the Violence Against The Senate has before it a bill to re- uted to the safe return of that innocent Women Act expired, more than 16 mil- authorize the Violence Against Women victim. lion women have been victimized. Act, a landmark law we enacted that I spent years in local law enforce- The law is effective. In the two dec- has made a difference in women’s lives. ment and have great respect for the ades since it was enacted, the law has By providing new tools and resources men and women who protect us every helped millions of women escape their to communities all around the country, day. When I hear Senators say that we attackers and seek justice. There is ob- we have helped bring the crimes of rape should not provide Federal assistance, viously much more work to do. I say to and domestic violence out of the shad- we should not help officers get the pro- my friend Leader CANTOR: It is time for ows. The Federal Government stood tection they need with bulletproof the Republican leaders to stop talking with the women of this country and vests, or that we should not help the about how much they care about sent the message that we would no families of fallen public safety officers, women and start acting to protect longer tolerate their treatment as sec- I strongly disagree. In our Federal sys- women. More than one-third of the ond-class citizens. Our bill renews and tem, we can help and when we can, we women in this country have been the reinforces that commitment. should help. And that is exactly the op- victim of violent sexual assault or Ending violence against women is portunity that is before us today. We stalking. Congress must do everything not an easy problem to solve but there have the power to help improve the in its power to help law enforcement is a simple and significant step we can lives of millions of people in this coun- officials prevent these terrible crimes take, right now and without delay. I, try by renewing and expanding our and prosecute the perpetrators. Reau- again, thank Majority Leader REID for commitment to end domestic and sex- thorizing this legislation would help making this unfinished business from ual violence. A recent study from the law enforcement improve strategies to the last Congress a priority for the Centers for Disease Control, CDC, prosecute crimes against women. It Senate early this year. found that more than 24 people per would provide legal assistance to the Senator CRAPO and I have worked minute are the victims of rape, domes- victims of violence and funding for hard to make this bill bipartisan and I tic violence and stalking in this coun- shelters to allow women to escape their am proud that it has more than 60 Sen- try. We can take action to change that abusers. It would safeguard youth who ate cosponsors. It also has the support and we must. are experiencing dating violence and of more than 1,300 local, State and Na- I am proud that our bill seeks to sup- stalking. tional organizations from around the port all victims, regardless of their im- Until we fully reauthorize this law, country that work with victims every migration status, their sexual orienta- authorities will not have all the tools day and know just how critical this law tion or their membership in an Indian they need to fight domestic violence. has been. I included their most recent tribe. As I have said countless times on Today—we hope it does not go over letter of support with my remarks on the floor of this chamber, ‘‘a victim is until tomorrow—we do not need an- Monday. I, again, thank them for their a victim is a victim.’’ other day’s delay. For the second time tireless efforts. I appreciate the administration’s in 2 years to protect American women On Monday the Senate voted to pro- support for this legislation and our and their children, we hope to take bi- ceed to consideration of the Violence goal in reaching all victims. In par- partisan action. I hope the House will Against Women Reauthorization Act. I ticular, I note the support of the ad- act quickly to follow suit, as they did was disappointed to see that 13 Repub- ministration in its Statement of Ad- not do last year. I trust Leader CAN- lican Senators did not vote to proceed ministration Policy for our bipartisan TOR’s words that this legislation is a to the bill. I do not know why. They proposal, first developed by the Senate priority. I will not be the only one did not say. Committee on Indian Affairs, to ‘‘bring holding him to his promise he made I worry that there are Senators who justice to Native American victims.’’ yesterday, to swiftly reauthorize the do not appreciate the role of the Fed- Three out of five Native women have Violence Against Women Act. In fact, eral Government in helping improve been assaulted by their spouses or inti- there will be 160 million American the lives of Americans. That is what mate partners. We can no longer idly women who are watching and waiting the Violence Against Women Act is in- stand by while this epidemic of abuse to see if he turns his words into action. tended to do and it is what this law has continues. f successfully accomplished for nearly 20 The language in the bill is that which RESERVATION OF LEADER TIME years. This is an example of how the the Senate adopted last April. The best The PRESIDING OFFICER (Mr. Federal Government can help solve legal views of which I am aware believe these provisions are both constructive SCHATZ). Under the previous order, the problems in cooperation with State and leadership time is reserved. local communities. The fact is, women and constitutional. We are building on are safer today because of this law and the Tribal Law and Order Act and rec- f there is no excuse not to improve upon ognizing tribal authorities with respect VIOLENCE AGAINST WOMEN it and reauthorize it without delay. to domestic violence in Indian country. REAUTHORIZATION ACT OF 2013 We are working to protect victims— No one should be able to get away with The PRESIDING OFFICER. Under all victims—of domestic and sexual vi- domestic violence and rape, not in any the previous order, the Senate will re- olence. I hope that those who pre- community, and not because the vic- sume consideration of S. 47, which the viously opposed our efforts to improve tim is a Native American victim in In- clerk will report. the Violence Against Women Act will dian country. I ask unanimous consent The assistant legislative clerk read join with us and help the Senate send that a copy of the Statement of Admin- as follows: our strong bill to the House of Rep- istration Policy expressing the admin- A bill (S. 47) to reauthorize the Violence resentatives so that we can get it en- istration’s strong support for this pro- Against Women Act of 1994. acted. Let us not undercut the provi- vision and the bill as a whole, be made

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S481 part of the RECORD at the end of my RECOGNITION OF THE MINORITY LEADER Social Security and Medicare for to- statement. Mr. MCCONNELL. Mr. President, I day’s graduates. If wages fall as a re- The PRESIDING OFFICER. Without am going to proceed on my leader time. sult of the smaller economy that comes objection, it is so ordered. The PRESIDING OFFICER. The Re- from the government’s increased debt (See exhibit 1). publican leader is recognized. payments, then we can be quite certain Mr. LEAHY. The bottom line is this: FINDING ECONOMIC SOLUTIONS that today’s generation will know less While we have made great strides in re- Mr. MCCONNELL. Mr. President, a prosperity than their parents do. ducing domestic and sexual violence, report this week from Harvard’s Insti- These are some of the negative con- there is more to be done and it is in- tute of Politics reveals just how dev- sequences of failing to get spending cumbent upon us to act now. The Vio- astating the President’s policies have under control. Things are set to get lence Against Women Reauthorization been for Americans under 30. Despite much worse unless we act quickly. Act has been carefully considered and the fact that most millennials have at- Has the White House reached out to debated for more than 2 years. It is tended college, only about 60 percent of Republicans to solve these pressing time we vote and send this bill to the them have been able to find a job, and economic and fiscal challenges? I wish. House of Representatives so that it can half of them are only working part Instead, it has turned once again to be enacted. Let us not undermine the time. gimmicks and tax hikes that only provisions to help protect Indian For many young Americans, this sug- serve to delay solutions. Earlier this women and other particularly vulner- gests the American dream is already week the President even proposed more able victims from the serious problems drifting out of reach. It should not be tax hikes to offset a sequester that he they face. this way. himself proposed and he already signed I hope the Senate will come together Previous generations of Americans into law. If he agrees with us there is a to reauthorize this needed legislation faced great challenges, but until now smarter way to make these cuts, he in a bipartisan manner that represents younger Americans could always ex- should propose it, not just call on oth- the finest traditions of the Senate. Do- pect they would eventually achieve ers to act. mestic and sexual violence knows no greater prosperity than their parents, I will tell you this right now: My political party. Its victims are Repub- and that their children would do even constituents in Kentucky and the lican and Democrat, rich and poor, better. Now the opposite appears to be American people will not accept an- young and old, gay and straight, male the case. This should be shocking to all other tax increase to put off a spending and female. Let us come together of us, especially considering that this cut that the two parties have already now—today—to pass this strong reau- generation of young people came into agreed to. We have already agreed to thorization of the Violence Against its own in an era of relative peace and cut this much spending. It is the defini- Women Act. Let us show the American prosperity. For many of us, just going tion of dysfunction that it might not people what we can accomplish when to college was a pretty big deal. For to- happen. we work together. day’s younger generation, it was the This morning I am again calling on I yield the floor. obvious next step. the President and his congressional al- EXHIBIT 1 Many of us watched our parents save lies to put politics aside at least for STATEMENT OF ADMINISTRATION POLICY diligently for the simplest of luxuries. once. The election is over. The time to S. 47—VIOLENCE AGAINST WOMEN A lot of today’s young people couldn’t govern is right now, to make divided REAUTHORIZATION ACT OF 2013 relate to those stories until now. They government work for the American (Sen. Leahy, D–VT, and 59 cosponsors, Feb. 4, grew up in an age of dot-com booms people who chose it. We owe Americans 2013) and easy credit. action, not rhetoric. We owe it to the The Administration strongly supports Sen- As college degrees no longer trans- millions of college graduates out of ate passage of S. 47 to reauthorize the Vio- late into fulfilling careers and as the work. We owe it to the strivers who lence Against Women Act (VAWA), a land- Obama economy continues its year- find themselves still living in their mark piece of bipartisan legislation that long stagnation, much has changed for parents’ basement. They are all count- first passed the Congress in 1994 and has a generation that once seemed to have ing on us to enact real bipartisan solu- twice been reauthorized. VAWA transformed everything going for it. Recent figures tions, solutions that can get our econ- the Nation’s response to violence against from the Congressional Budget Office omy moving again today and can en- women and brought critically needed re- help tell the story. According to CBO, sources to States and local communities to sure greater prosperity tomorrow. address these crimes. in 2014 the United States will see a Is Washington up to the task? Repub- The Administration is pleased that S. 47 sixth consecutive year of 7.5 percent- licans are, and we are still here ready continues that bipartisan progress and tar- plus unemployment. The last time the to work for the President as soon as he gets resources to address today’s most press- United States jobs picture was that is prepared to get down to business. ing issues. Sexual assault remains one of the bad, Americans were still huddling I yield the floor. most underreported violent crimes in the around the family radio. The PRESIDING OFFICER. For the country. The bill provides funding through For 2 years, the President has been information of the Senate, the time State grants to improve the criminal justice saying that raising taxes on the rich until 12 noon will be equally divided response to sexual assault and to better con- nect victims with services. Further, the bill would solve our problems. Yet CBO and controlled between the two leaders seeks to reduce domestic violence homicides notes that while taxes are set to jump and their designees. and address the high rates of violence experi- above their historic level, the added The Senator from Washington. enced by teens and young adults. Reaching revenues from taxes that rose due to Mrs. MURRAY. Mr. President, I come young people through early intervention can operation of law last month will mean to the floor today to speak about the break the cycle of violence. almost nothing when it comes to deal- legislation we are about to discuss The Administration strongly supports ing with America’s long-term fiscal here, the Violence Against Women Act. measures in S. 47 that will bring justice to challenges. This is because CBO has Before I do, I want to respond to a Native American victims. Rates of domestic comment I heard by the Republican violence against Native American women are also warned that spending, which al- now among the highest in the United States. ready exceeds the historic average, will leader on the floor right now talking The bill builds on the Tribal Law and Order continue its unsustainable climb in the about the impact of sequestration, Act—which President Obama signed on July years ahead. which is to go into effect March 1 un- 29, 2010—to improve the effectiveness and ef- In fact, over the next decade, red ink less Congress acts to replace it with ficiency of tribal justice systems and also will spike by trillions to levels unseen something that is more balanced. Se- recognize tribal authorities with respect to in peacetime America. If interest rates questration was never written into law domestic violence in Indian country. The Ad- go up, as most expect, it will be even to go into effect. Sequestration was put ministration is pleased that S. 47 recognizes harder for young Americans to pur- into law in order for us, Congress, to the need to provide protection and services to all victims of abuse and includes proposals chase a home. The CBO warns that if come together in a bipartisan way to to strengthen existing policies that were interest payments on our debt sky- find a balanced solution. That is still supported by both Democrats and Repub- rocket, it will be even more difficult to the case. I feel very strongly that if licans last year. guarantee the eventual availability of Members of Congress, Republicans and

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S482 CONGRESSIONAL RECORD — SENATE February 7, 2013 Democrats, can come together with a where they are free from tribal juris- stand with Democrats, moderate Re- balanced package that takes into ac- diction and repeatedly commit horrific publicans, and the many millions of count sequestration causing severe im- acts without being afraid of being Americans who believe that who a per- pact to our national defense, to our brought to justice. son loves, where they live, or their im- nondefense programs such as Head This is an injustice that Deborah migration status, should not determine Start and education at a time when our Parker, the vice chairwoman of the whether they are protected from vio- economy is very fragile—the impact of Tulalip tribes in my home State, spoke lence in this country. the job cuts on that would be very se- to just outside this Chamber last year In fact, in a recent editorial the Se- vere. Democrats believe, just as we did in an effort to get House Republicans attle Times echoed this same senti- throughout this process, if we put for- to listen. Through her tears she told a ment: ward a balanced replacement that in- deeply personal story about how not House Republican leaders refused to bring cludes revenue, making sure that those only was she abused as a young girl, the original Senate bill forward for a vote. wealthy Americans who have done very but how she then watched family mem- They must not squander a second chance to well and have not had to sacrifice are bers and friends suffer similar fates. save lives. part of a replacement package that we She spoke about how time and again I couldn’t agree more. Too many can move through this Congress, this the abusers went unprosecuted, only to women have been left vulnerable while will ensure, as we put forward a bal- repeat the crime over and over. She House Republican leaders have played anced budget approach for the future called herself ‘‘a Native American sta- politics. It is time for moderate Repub- and work for a long-term deficit sta- tistic.’’ Even more sadly, she was right. lican voices in the House to call upon bilization process, we can get past this In fact, the numbers are staggering. them to pass this bipartisan Senate bill hurdle. One in three Native women will be immediately, because women’s lives There is no reason we need to man- raped in her lifetime. One in three. Two across the country literally depend on age crisis by crisis if we can come to- in five of them are victims of domestic it. gether on a balanced approach that violence, and they are killed at 10 The Senator from Vermont, Mr. does include revenue. This is what times the rate of the national average. LEAHY, has led the charge on this bill. Americans expect—everybody partici- These shocking statistics aren’t iso- I wish to thank him publicly, as he is pates in making sure that our economy lated to one group of women, as 25 to 35 on the floor right now, for his work, for gets back on track, we don’t just pro- percent of women in the LGBT commu- the first bill he has put forward for this tect the wealthiest, but we ask them to nity experience domestic violence in body to consider. It is time to move on do their part. relationships. Three in four abused im- it, and I want him to know how much I look forward to working with any- migrant women never entered the proc- I truly appreciate all of his efforts in body in this body to do this so we don’t ess to obtain legal status, even though getting this done. This is for all women face the impacts of sequestration that they were eligible, because their abuser in this country, for Native American would happen if we don’t have that bal- husbands never filed the paperwork. women, whom I have talked about, in anced plan. It does not need to be this way. I was particular, who have suffered at the Speaking about the Violence Against very proud to be here serving the Sen- hands of their abusers for so long, and Women Act, which is the order of busi- ate back in 1994 when we first passed for all of our women in this country, ness today, I come to the floor this the Violence Against Women Act. whoever they are, wherever they come morning to continue the efforts that Since we took that historic step, from, to know that this Senate in a bi- we did start here 9 months ago, efforts VAWA has been a great success in co- partisan way stands behind them. that were, in fact, overwhelmingly bi- ordinating victims’ advocates, social I yield the floor. partisan—68 Senators—to finally renew service providers, and law enforcement The PRESIDING OFFICER. The Sen- our national commitment to ending do- officials to meet the immediate chal- ator from Vermont. mestic violence and reauthorize the Vi- lenges of combating domestic violence. Mr. LEAHY. Mr. President, I thank olence Against Women Act. It is a bill Along with bipartisan support, this has the Senator for her words. The Senator that has successfully helped provide received praise from law enforcement from Washington State has been a con- life-saving assistance to hundreds of officers, prosecutors, judges, victim sistent and clear supporter of the Vio- thousands of women and families, and service providers, faith leaders, health lence Against Women Act. I especially it is a bill that consistently extends care professionals, advocates, and sur- applaud what she said: It should apply protections to new communities of vul- vivors. to all victims. I have said so many nerable Americans each and every time VAWA has attained such broad sup- times on this floor, and I sometimes it has been authorized. port because it worked. It provides wonder if people hear, but certainly in I wish to thank Senator LEAHY and shelter and justice to battered women my experience in law enforcement the Senator CRAPO for making the Vio- who need both, and it is the corner- police never asked and said, well, we lence Against Women Act a priority for stone of our efforts to combat domestic can’t help this victim unless they fall reintroduction in the 113th Congress, violence. We can’t pick winners and into a particular category. They said a because there is no reason this critical losers on who gets these critical pro- victim is a victim is a victim, and a bill, which has such broad support, tections, and we cannot afford any fur- crime is a crime is a crime. should be put on the back burner and ther delay, not on this bill. We didn’t have the Violence Against delayed further while there are mil- Just like the last Congress, we all Women Act when I and my colleagues lions of Americans across our country know what it would take to move this around the country were in law en- who are excluded from the current law. bill forward—leadership from Speaker forcement. I cannot help but think of In fact, for Native, immigrant women, BOEHNER and Leader CANTOR. The fate all the deaths that would have been and LGBT individuals, every moment of the Violence Against Women Act prevented had we had something like our inclusive legislation to reauthorize lies squarely on their shoulders. To this, all the violence that would have VAWA is delayed is another moment date they have refused to listen to been prevented if there had been orga- they are left without the resources and countless law enforcement and wom- nizations like some of the actual ones protection they deserve. en’s groups, as well as moderate voices we have in Vermont and other States For women on tribal lands, the chal- in their own party who have called on supported by the Violence Against lenges are particularly immense. Often them to pass the Senate’s bipartisan Women Act that have prevented vio- in our very rural areas, on tribal lands, and inclusive bill. lence. these women live hours and hours away In this new Congress, on this newly I cannot imagine any Member of this from the nearest Federal prosecutors. introduced bipartisan bill, the House body would oppose this law if it af- For nontribal members on these Republican leadership faces the same fected them or their families. We, as lands who perpetrate these violent choice and a second chance. They can Americans, are all family, so it affects crimes against the women who are liv- either appease those on the far right of every one of us. ing there, it equates to nothing short their caucus, who would turn battered I again thank the Senator from of a safe haven for them. It is a place women away from care, or they can Washington State for her comments.

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S483 I yield the floor and suggest the ab- Task Force to End Sexual and Domestic Vio- assault, dating violence, and human traf- sence of a quorum. lence Against Women, the threat of a ficking—and should remain outside of the The PRESIDING OFFICER. The lengthy, mandatory prison sentence for an VAWA debate. clerk will call the roll. intimate partner abuser could deter a victim LIRS commends your leadership in advanc- from reporting a crime. Because the victim ing this bill and we are excited to continue The assistant legislative clerk pro- and offender are often related or in an inti- to work with you to ensure the inclusion of ceeded to call the roll. mate relationship, many of the crimes in- provisions to protect vulnerable migrant vic- Mr. LEAHY. Mr. President, I ask cluded in VAWA will involve complex facts tims in upcoming legislation. Please contact unanimous consent the order for the and unique circumstances. Such complicated Brittney Nystrom, LIRS Director for Advo- quorum call be rescinded. crimes demand that courts have flexibility cacy with any questions. The PRESIDING OFFICER. Without to ensure that the sentence fits the crime Yours in faith, objection, it is so ordered. and the offender, protects victims, and best LINDA J. HARTKE, Mr. LEAHY. Mr. President, I ask meets the needs of the family or couple im- President and CEO, pacted. Lutheran Immigration and Refugee Service. unanimous consent the letters from ad- Finally, more mandatory minimum sen- vocates and faith-based organizations tences would only increase the burdens on OFFICE OF PUBLIC WITNESS, PRES- in support of S. 47, the Violence and high costs of our already overcrowded BYTERIAN CHURCH (U.S.A.), COM- Against Women Act, be printed in the federal prison system. A recent Congres- PASSION, PEACE AND JUSTICE MIN- RECORD. sional Research Service report shows that ISTRY, There being no objection, the mate- mandatory minimums are the primary driver Washington, DC, February 1, 2013. rial was ordered to be printed in the of high prison populations and increasing Hon. PATRICK LEAHY, prison costs. Mandatory minimum sentences RECORD, as follows: U.S. Senate, are unfair, ineffective, and result in extraor- Washington, DC. NATIONAL ALLIANCE TO dinary costs to American taxpayers. DEAR SENATOR LEAHY: In the Presbyterian END SEXUAL VIOLENCE, Accordingly, as the Senate considers S. 47, Church (U.S.A.), we believe that ‘‘domestic Washington, DC, January 28, 2013. we strongly urge you to oppose the adoption violence is always a violation of the power Hon. PATRICK LEAHY, of any mandatory minimums. Thank you for God intended for good.’’ We believe that Chairman, Senate Judiciary Committee, U.S. your leadership on this important issue and ‘‘God the Creator is preeminently a cov- Senate, Russell Senate Office Building, for considering our views. Please do not hesi- enant-maker, the One who creates, sustains, Washington, DC. tate to contact any of us if you should have and transforms the people of God. Domestic Hon. MICHAEL CRAPO, any questions. violence and abuse destroys covenants in U.S. Senate, Dirksen Senate Office Building, Sincerely, which people have promised to treat each Washington, DC. American Civil Liberties Union, Church other with respect and dignity.’’ DEAR CHAIRMAN LEAHY AND SENATOR of Scientology National Affairs Office, Because of these convictions, we strongly CRAPO: On behalf of 56 state and territorial Drug Policy Alliance, Families Against support a robust reauthorization of the Vio- sexual assault coalitions and 1300 rape crisis Mandatory Minimums, Human Rights lence Against Women Act and we thank you centers, I want to express our sincere grati- Watch, Justice Fellowship, Lawyers’ for your leadership in sponsoring S. 47. Fur- tude for the introduction of S. 47. The Vio- Committee for Civil Rights Under Law, ther, we wish you to know that we have writ- lence Against Women Act (VAWA) with the National Association of Criminal De- ten to all of your Senate colleagues, asking SAFER Act included represents the essential fense Lawyers, National Legal Aid & them to support final passage of this bill, and comprehensive legislative package that Defender Association, The Sentencing and urging them to oppose any amendments is necessary to advance this nation’s re- Project, United Methodist Church, that you have not endorsed. sponse to the crime of rape and protect and General Board of Church and Society. As you know, VAWA’s programs support support victims. S. 47 includes critical en- state, tribal, and local efforts to address the hancements to address sexual assault includ- LUTHERAN IMMIGRATION pervasive and insidious crimes of domestic ing criminal justice improvements, housing AND REFUGEE SERVICE, violence, dating violence, sexual assault, and protections, vital direct service and preven- Baltimore, MD, February 1, 2013. stalking. These programs have made great tion programs, and SAFER’s policies to ad- Hon. PATRICK J. LEAHY, progress towards reducing the violence, help- dress the rape kit backlog. U.S. Senate, Russell Senate Office Building, ing victims to be healthy and feel safe and We are urging all Senators to stand with Washington, DC. holding perpetrators accountable. This crit- sexual assault survivors and support the Hon. MIKE CRAPO, ical legislation must be reauthorized to en- swift passage of this far-reaching legislation. U.S. Senate, Dirksen Senate Office Building, sure a continued response to these crimes. Sincerely, Washington, DC. Again, we thank you for your leadership on MONIKA JOHNSON HOSTLER, DEAR SENATOR LEAHY AND SENATOR CRAPO: this important issue and look forward to the Board President. On behalf of Lutheran Immigration and Ref- bill’s passage, so that we can build upon ugee Service (LIRS), the national organiza- VAWA’s successes and continue to enhance FEBRUARY 4, 2013. tion established by Lutheran churches in the our nation’s ability to promote an end to Hon. PATRICK LEAHY, United States to welcome immigrants and this violence, to hold perpetrators account- Dirksen Senate Office Building, U.S. Senate, refugees, thank you for reintroducing the bi- able, and to keep victims and their families Washington, DC. partisan Violence Against Women Reauthor- safe from future harm. For our part, we com- Hon. MICHAEL CRAPO, ization Act (VAWA) (S. 47). mit to continued ministry with victims and Dirksen Senate Office Building, U.S. Senate, As you are aware, there are many cases in survivors of violence and to do all we can, Washington, DC. which immigration status is used as a tool through our ministries and our advocacy, to DEAR SENATOR LEAHY AND SENATOR CRAPO: for abuse, leading victims to remain in abu- end this desperate cycle of violence and We, the undersigned sentencing and criminal sive relationships and contributing to the brokenness. justice reform organizations, are writing to underreporting of serious crimes to local en- We give thanks for your service to our na- express our opposition to the inclusion of forcement officials. The creation of the U tion and for your leadership on this issue. any mandatory minimum sentencing provi- visa in 2000 by Congress to encourage mi- Sincerely, sions in S. 47, the Violence Against Women grant victims to report criminal offenses to THE REVEREND J. HERBERT NELSON II, Reauthorization Act of 2013 (VAWA). officials has been extremely helpful in ad- Director for Public Witness. We acknowledge that reducing the level of vancing community safety. The need for U Mr. LEAHY. Mr. President, I suggest sexual, domestic, and dating violence and visas is significant. In 2012, U.S. Citizenship stalking directed at victims of violence is a and Immigration Services ran out of avail- the absence of a quorum and ask unani- worthwhile objective and an issue of na- able U visas over a month prior to the end of mous consent the time be equally di- tional concern. We recognize and appreciate the fiscal year. Therefore, the lack of a vital vided. that many of the proposals contained in S. 47 increase in the number of available U visas The PRESIDING OFFICER. Without enjoy broad bipartisan support, as well as in S. 47 is extremely disappointing. However, objection, it is so ordered. the support of the American public. In its I am encouraged by your commitment to in- The clerk will call the roll. current form, S. 47 does not include any crease the cap on U visas as part of immigra- The bill clerk proceeded to call the mandatory minimum sentences. We think it tion reform legislation. roll. should remain that way through passage. While I applaud efforts to swiftly move Mrs. SHAHEEN. Mr. President, I ask We do not believe that including manda- VAWA through both chambers of Congress, I unanimous consent that the order for tory minimum sentencing provisions for the caution against any use of VAWA as a means domestic violence, sexual assault, and stalk- to expand immigration enforcement provi- the quorum call be rescinded. ing offenses in S. 47 would be necessary, ap- sions of the Immigration and Nationality The PRESIDING OFFICER. Without propriate, or cost-effective. In fact, such pro- Act. These changes would be detrimental to objection, it is so ordered. visions could be counterproductive in com- the central purpose of VAWA—to address the Mr. LEAHY. Mr. President, I wonder batting violence. According to the National critical issues of domestic violence, sexual if the distinguished Senator from New

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S484 CONGRESSIONAL RECORD — SENATE February 7, 2013 Hampshire would yield to me for a mo- to turn away 721 because they didn’t up until this legislation is on President ment. have room. So even with the help that Obama’s desk and signed into law. Mrs. SHAHEEN. Always, Mr. Presi- is in the Violence Against Women Act, There are too many victims who are dent. they had to turn away more people counting on us. Mr. LEAHY. Mr. President, I know than they could help. I certainly urge all of my colleagues the senior Senator from New Hamp- In the face of this need, sometimes it in the Senate—as we did in the last ses- shire is about to speak regarding the is easy to feel discouraged, to wonder sion of Congress—to join me in sup- Violence Against Women Act. I would whether we can really help at all. But porting the Violence Against Women like to take a moment to thank her for when I speak to the brave women who Act. I also hope our colleagues in the all the work she has done in her State are survivors who reached out for help House will recognize how significant and in the Senate to help advance this to the advocates who have helped them this challenge is and be willing to take legislation. rebuild their shattered lives, I know up this legislation and get it done so Senator SHAHEEN and I are from that we can and we must continue to survivors across this country will get rural States. We border each other. The make a difference. the help they need. Connecticut River runs down the bor- The Violence Against Women Act Thank you very much. der between our two States. We have so helps us do this by providing funding I yield the floor. much in common. We face some of the for police officers and prosecutors so The PRESIDING OFFICER. The Sen- same difficulties of weather and rural abusers are held responsible. Time and ator from Kansas. nature, and, of course, in a rural State again, we have heard from law enforce- The Senator from Indiana. there is the question of access to trans- ment that the Violence Against Women Mr. COATS. Mr. President, Indiana portation. Senator SHAHEEN was the Act helps them keep our communities has a lot in common with Kansas, so I one who brought up, based on her expe- safe and helps stop the cycle of abuse— don’t mind that label. I have been in rience in New Hampshire, that women law enforcement officers such as a de- the chair and made similar mistakes, were having trouble getting to crisis tective sergeant in New Hampshire’s so that doesn’t bother me. We have a centers and courts. Of course, we have largest city of Manchester, who is an lot of similarities between Indiana and a similar challenge in a rural State investigator and a domestic violence Kansas. We each hope to have a Final such as mine. But Senator SHAHEEN advocate. Four team in the basketball tour- worked with the Department of Justice I brought with me today a chart that nament coming up in the Final Four. to address this problem. As a result, gives us a real picture of just how per- We have some competitive teams, so it the Office on Violence Against Women vasive the problem of domestic vio- is a nice blend. is now allowing rural communities to lence is. THE ECONOMY obtain VAWA grant funding for trans- As we can see in the chart, one in I would like to speak about the se- portation needs. four women in the United States is a questration issue that is facing us as a A number of the women who are victim of domestic violence. Three Congress in the next few weeks. But, going to be getting this transportation women are murdered every day by first, let me just say, I returned from and desperately need it may not know their partners. This has been a very big the National Prayer Breakfast. Several how that came about, but I wish to problem in New Hampshire where half of our colleagues were there: Senator congratulate Senator SHAHEEN on her of all murders are domestic violence SESSIONS, a Republican, and Senator successful efforts on behalf of not just related. PRYOR, a Democrat, representing Ala- women in New Hampshire or Vermont Maybe the worst statistic on this bama and Arkansas, but more impor- but throughout the country—again, an- chart shows that 15 million children tantly they are cochairs of the Senate other example of what we are doing are exposed to domestic violence every Prayer Breakfast. They led the effort with this bill and the necessity to fin- year. I call this maybe the worst be- today. Both the House Prayer Break- ish this bill. I hope we can finish it cause, in fact, the cycle of domestic vi- fast group, which meets weekly, and today. olence continues because so many chil- the Senate Prayer Breakfast group, I thank the Senator for yielding to dren are exposed every year. They are which meets weekly, supports and puts me. not able to get out of this cycle. Let’s together the annual Prayer Breakfast. Mrs. SHAHEEN. Mr. President, I recommit to shielding our children People from more than 160 countries thank the Senator from Vermont, Mr. from senseless violence. and all 50 States attended. It is quite a LEAHY, both for his kind words and the Another reason I am proud to support remarkable event. tremendous leadership he has shown this bill is because it treats all victims Beyond the socialization and bring- over the years in first passing this leg- equally, and it recognizes that mem- ing people together around the issue of islation and for getting it reauthorized bers of the LGBT community are just faith and prayer, we find in our weekly time and again and now, after the bill as deserving of our support as any Prayer Breakfast meetings in the Sen- died in the last Congress because of the other survivor of domestic violence. A ate and the House that it is the one unwillingness of the House to act, for recent study by the Centers for Disease time when Republicans and Democrats, his willingness to bring it forward so Control shows us that those in LGBT Liberals and Conservatives, people of early in the session so that hopefully relationships actually experience high- no particular ideology, get together we can make sure all of those people er rates of violence than heterosexual and talk about the common interest on who are victims of domestic violence couples. Let’s recommit to helping all the basis of their faith. It is always and all of those advocates, the law en- Americans regardless of whom they very refreshing to do that, and it was a forcement community that is working love or who has abused them. pretty remarkable session this morn- so hard, can have the support they Finally, I want to end with a quote ing. need as a result of this legislation. So from a woman in New Hampshire who Senator SCHUMER from New York I thank Senator LEAHY very much. sought help at a crisis center that re- read from the Old Testament, and our One of the reasons I am proud to sup- ceives funds from VAWA, the Monad- former colleague, Senator Dole from port this bill is because it takes a truly nock Center for Violence Prevention. North Carolina, read from the New Tes- comprehensive approach to the prob- Before she left that shelter—as she was tament. Dr. Ben Carson, head of pedi- lem. It supports crisis centers for putting her life back together—she told atric neurosurgery at Johns Hopkins women and families to provide for im- the case managers there: University—recognized as one of the mediate needs, such as shelter and You all have really made my life worth world’s leading pediatric neuro- counseling. holding onto and not giving up. Please don’t surgeons—spoke to us. I heard him 16 Last year the New Hampshire Coali- ever give up doing what you do because you years ago. What a remarkable life tion Against Domestic and Sexual Vio- truly saved my life. story. What a remarkable impact he lence reported that they were able to I think that represents what we hear had on the crowd that was there. provide shelter for 630 people who need- from so many survivors of domestic vi- He talked about political correctness ed a place to sleep. Unfortunately, al- olence. Just as we are not going to give and how it is detrimental to the kind though they helped those 630, they had up on those survivors, we must not give of honest, straightforward debate we

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We cannot continue to borrow $1 even if we come to different positions is simply an across-the-board cut. How- trillion or more a year and be in a on separate issues. ever, the sequester was not an across- sound fiscal position. We have to take That is one of the reasons I have been the-board cut. It was heavily weighted some steps to address that problem and coming down here virtually every day in cuts to defense. There were exemp- that challenge before us. since the Senate came back into ses- tions to the major drivers of our debt If we don’t begin that process now, sion for the 113th Congress. I come here and deficit, which are the mandatory we are going to see devastating across- to talk about what I think is one of the spending programs. the-board cuts. It will have very detri- challenges—if not the leading chal- Let me be straight and say the things mental effects on our national defense lenge—facing us in this 2-year term. we are not supposed to say because it is and national security because it is so Without question, our fiscal crisis and political suicide: If we don’t reform heavily weighted to slash those areas. debt has an impact on our people and Medicare, Medicaid, and Social Secu- The major three contributors and on the economy, but more importantly, rity, it doesn’t matter what else we do, drivers of the debt are the entitlement on our people. This has an effect on the we cannot solve this problem. That is programs: Social Security, Medicare, average family in America and the the conclusion of just about everyone and Medicaid. If those are not ad- young people coming out of high school in this body. More importantly, it is dressed—no matter what else we do and college who are looking for a job. the conclusion of everyone who doesn’t here—we cannot solve the problem. Yet The impact of this more than 4-year have a political stake in mind. the political tendency is to simply pass economic malaise started with a deep Analysts and economists who look at it along, push it down the road, and get recession. It is now getting to the point our fiscal plight and the history of eco- past the next election. It apparently is where our growth is far below what we nomic performance and nonperform- too politically dangerous to stand up need to get everybody back to work ance all come to the same point: We and say these things and be honest and get the economy moving again on need to address and reform mandatory with the American people. Well, I a good upward path. We are looking for spending programs. We don’t want to think the American people know better solutions to the root of our problem. impose sacrifice and pain on people; we and are telling: We are ahead of you. This body, along with the House and want to save them from much greater We understand the problem, and we the administration, has been dealing pain down the road. We need to reform want results. We want you to work to- with this for well over 2 years. We have programs so they are viable and so that gether, find a solution to this problem, been trying to find a solution to get us people who are contributing to Social and put it before us. It is our responsi- on the right path to fiscal health. We Security and Medicare on every pay- bility to go out and present the plan. have taken several steps in that re- check will be able to receive those ben- But without the President’s support, gard, but each step has come up short. efits when they need them in retire- despite his rhetoric—all we hear from There have been several one-step-for- ment. the White House is that more taxes ward and half-a-step-back efforts, but To save those programs and to keep will solve the problem. They just got most of it has simply been pushing it from denying people their hard-earned $630 billion worth of taxes from the fis- down the road and saving the big de- benefits, we need to take steps and we cal cliff deal. The President’s commit- bate for another day. need to take them sooner rather than ment and obsession with taxing the In August 2011 we ended up passing later. The Medicare and Social Secu- rich and the job creators was fulfilled, the Budget Control Act, which ad- rity trustees keep giving us additional and the top percent—the people he de- dressed the debt ceiling at that time. warnings to do it now. It will be less scribed in his campaign and afterward Through that the administration first painful than doing it later. It will help in the negotiations—are now paying proposed—President Obama proposed— keep us from making Draconian cuts to higher taxes, but that does not begin to a measure known as sequestration, benefits or Draconian increases in even come close to solving the prob- which was designed to force the Con- taxes that will break the back of the lem. So what we need to do is be gress to step up to the plate and deal American taxpayer. straightforward with what it is we with the real problem. The real prob- Unfortunately, the supercommittee must do and not be afraid of being hon- lem is continued deficit spending at a that was formed—six Republicans and est with the American people. record level that has accumulated year six Democrats from each body—was un- There is now talk about delaying, after year. able to come up with a solution. As a once again, the sequester. So whether We are now at the point where the result of that, we have this sequester— it is the debt limit, whether it is the clock is ticking. We have a $16.5 tril- across-the-board cuts with certain ex- spending bills, or whether it is the lion debt which is up from nearly $5.5 ceptions—that is to occur soon. It has budget, we keep hearing: Push it down trillion in just the last 4 years. The been delayed once before and now. the road. Do it some other time. It is math proves and history clearly shows March 1 is the new date. too painful to do now. I would suggest that this is unsustainable. This is the We need to step up and put together the time to do it is now. Even though great challenge before this Congress. the big plan that will get us on the the sequester is imperfect, even though We need to do what is necessary to get path to fiscal health. Republicans in it imposes more pain and more det- on the right path to fiscal health be- the House of Representatives have been riment to one of the essential functions fore it all comes down. proposing and putting forth their of government; that is, providing for We had a warning shot fired across plans, but we have had nothing come our national security, which is part of our bow in 2009 as to the distortions in out of this body. Unless there is sup- the reason I opposed the Budget Con- our economy, and the consequences port from both Houses, nothing can be trol Act, these cuts are going to take were grave. We have warning shots accomplished, and this will fail. place and need to take place if we don’t being fired every day from virtually Frankly, we have had a lot of rhet- come up with a better solution because across the Atlantic as to what the Eu- oric coming out of the White House it now is the law. ropean Union and the European na- about what we need to do, but we have I am pleading with my colleagues: tions are trying to deal with because had no serious attempt to address the Let’s not do this in a way that is not they allowed their deficit spending, part of the equation that needs to be the soundest way to reduce spending their debt, and overpromises by politi- addressed, and that is the excessive and achieve what we need to achieve. cians to constituents to continue, spending over the years that we have By the way, while the sequester, once which simply cannot be fulfilled. Now put into law. As politicians, we have again, will be an important step for- the bank is running out of money. We made promises to our constituents over ward, it doesn’t begin to deal with the

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We have been talking that doesn’t exist on this planet. investors, consumers and the world about how Congress needs to stop mak- I appreciate the debate that goes on, that the United States of America has ing promises to people that everything but we need to be honest, realistic, and finally taken the steps necessary to ad- we spend is for a vital, national pur- practical in dealing with these budg- dress the cause of our debt and put us pose if that isn’t the case. etary issues, and they will be tough. on a path to return to fiscal soundness. We need to do some serious triage People will not like all of it. I can see I think, given our position in relation and take a serious look at how we it now at my townhall meetings when to where we are with other nations, spend taxpayer dollars. We can come I go to them. They will say cut the this type of package would result in an up with money to offset necessary pro- budget, which we will do—don’t get me amazing increase in our economy, get grams. We can come up with money to wrong, we will do that—but then when people back to work, and send the mes- lower the demands so we don’t have to I go back to my hometown they will sage that America can return to its continue to go to the American people say, I didn’t actually mean that pro- place of leadership in the world be- and say we have to raise your taxes one gram. That will be the story. cause it has gotten their economic more time. We have said that too The fact is we have serious issues house in order. Without that, we will much. with which to deal. So this is not a continue to decline, which will have The burden is not tax revenues; the Democratic issue or a Republican consequences not only for our genera- burden is dealing with our spending issue. When people come to the floor, tion but for generations to come. This issue, and part of that has to be dealing we should think about this as an Amer- also would have potentially dangerous with the mandatory spending that is ican issue and that we have to resolve consequences for security around the ever driving this deficit and debt. this for the right reasons. We have world because of our inability to lead. With that, I yield the floor. done some exceptional work over the It would have serious consequences for Mr. BEGICH. Mr. President, I request last 4 years, despite the hurdles, the young people and for middle-aged peo- the time to make my statement as re- political slogans, and all the other ple and others who simply want to get quired. stuff that goes along with it in getting back to work. They simply want to get The PRESIDING OFFICER. The Sen- results. A 40-percent reduction in the back to a place where they get a pay- ator has that right. annual deficit in 4 years is significant. check at the end of the week so they Mr. BEGICH. Mr. President, I come Is it zero? Is it balanced? No; because can cover the mortgage and save to the floor to speak on the Violence there have been 40-plus years of not money to send the kids to school and Against Women Act, but before I do paying attention to the budget. A lot of us are new around here. As a so they can make those necessary pay- that, I wish to say I appreciate the matter of fact, 60 percent of the Senate ment commitments to lead the kind of comments of my friend from Indiana. is made up of people who haven’t been life they are aspiring to lead. Without We all want to get this budget under here more than 6 years. I am looking at Congress taking action, they are going control. We all recognize we have to three Senators on the floor right now. to continue to live under this cloud of get it under control not only for to- We are here to solve this problem. uncertainty about our future and peo- day’s generation but for multiple gen- However, do not be mistaken. We have ple are going to continue to struggle to erations to come. made progress. The American people find meaningful work. During the last few years we have should be proud of what we have done. It all comes down to the individual been able to cut almost $2 trillion of But is it perfect? No. Do we have more and to families. It doesn’t come down our budgetary costs over the next 10 work to do? Yes. That is why we are to some accountant’s balance sheet. It years, cuts we have been able to ac- here and that is why we are going to do comes down to the pain and suffering complish in a bipartisan way but led a lot by this side. Let me remind folks this with a bipartisan approach. so many people have gone through over So I digress from the issue I came to where we are. Four years ago this econ- the past 4 years and are continuing to discuss. I like the debates that happen omy was flat on its back—an economy encounter because of our lack of re- on the floor, and I wish more would that didn’t have any air in it. It was in sponsibility to take the necessary steps happen, but when a Member speaks, I a grave situation. But where are we to go act. want to make sure all the information I am going to keep talking about today? We have a 5-year housing start, is on the table. this. I am going to come to the floor incredible activity within the auto- I came to speak on an important and talk about how we can potentially mobile industry, with record-high sales piece of legislation, the Violence achieve a much leaner, more effective, going on there. The stock market has Against Women Act. We debate issues 1 and efficient government. I am going doubled in the last 4 ⁄2 years. Most re- that are important around here, but to use as a model not just my State but cently, the CBO—the Congressional not too often can we stand on the floor many States with Governors who have Budget Office, a bipartisan office which of this Chamber and say our votes are had the courage to step forward and do doesn’t show any favoritism to any a matter of life and death. In this case, what is necessary to put their State in side—verifies that in 4 years we have it is absolutely true. This bill saves fiscal balance, in contrast to other cut the annual deficit by 40 percent. I lives. It is our job to pass it now— States that are doing what we are know that is not where it should be yet today. doing; that is, pushing the tough deci- because we want to balance it, but a 40- The Senate, as we did last year, sions down the road and trying to deal percent reduction in the annual deficit needs to send a simple and important with it at another time. is significant. message that America will not tolerate As we go through the Federal budget, So we are on the road. Is it a slower violence against its women, children, there are literally hundreds of billions road than we would like? Sure, but it is and families. We must do our part to of dollars simply being spent in the on the road to recovery. It is having a reduce domestic violence and sexual wrong place, simply going to programs positive impact. As a matter of fact, assault. Even though the House has re- that are no longer effective and effi- now the deficit, as the amount com- fused to act for over 300 days since we cient if they ever were in the first pared to our GDP, is cut in half. So we sent the bill over there, we are now in place. We are not making priorities in are making some inroads. a new session and there is bipartisan terms of how we spend our money. Sen- Democrats are not afraid at all to cut support in this Chamber. The VAWA ator COBURN and others have been the budget where it is necessary, but bill passed the Senate with 60 votes down to this floor talking about egre- we need to solve this problem with last spring and there are at least 60 of gious examples of overspending, of three types of moves. We have to cut us already signed up and cosponsoring bloated bureaucracy, talking about the budget, deal with revenues, and in- this legislation. programs that perhaps had a value at vest in this economy for education, en- We know the reality. The fight to one point in time but are simply not ergy, and infrastructure. It is a three- protect women and families from vio- doing the job anymore and are not nec- pronged approach. Even if we think we lence is far from over. VAWA was first

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The law then was re- State, and Federal laws are stronger. Villages Act. authorized by consensus. Something Yet there are still too many awful sto- My bill would establish small dem- similar could have happened again last ries and inexcusable numbers, espe- onstration projects so a handful of fed- year, but it did not. New provisions cially in my home State. erally recognized tribes in Alaska’s vil- were forced into the bill. Some of these Alaska continues to have some of the lages can take action. They would be provisions were controversial. Some worst statistics in the country. Three allowed to address domestic violence raised serious constitutional concerns. out of every four Alaskans have experi- and alcohol-related cases within their But those on the other side of the aisle enced domestic or sexual violence or villages and village boundaries. insisted on these provisions without known someone who has. The rate of Our Native villages are vibrant, resil- change and refused any sort of middle 1 rape in Alaska is nearly 2 ⁄2 times the ient communities, and we must answer ground. It appeared that the debate national average, even worse for Alas- their calls for help. That includes an was more about blame and politics kan Native women. Child sexual as- ‘‘all of the above’’ approach to com- than it was about providing help to sault in Alaska is almost six times the bating domestic violence and abuse. women in need. national average. Out of every 100 The one thing we know for sure is the adult women in Alaska, nearly 60 have status quo is not working. It is not just Last Congress, both the Republican experienced physical or sexual violence about slogans or feel-good statements. leader and this Senator offered that or both. We need to act. the Senate consent to striking a provi- So my colleagues can see why I am But for now—for today—let’s vote on sion that violated the Constitution’s standing here today. We need to do VAWA and get this bill passed. Let’s Origination clause and then we would something about this not someday, not protect women and children and fami- proceed to conference. Everybody next year but today. lies all over this country. And let’s knows that the Constitution’s Origina- In one typical day in my State, vic- send a strong message to our col- tion clause says that issues involving tim services agencies throughout Alas- leagues in the House, that this time raising revenue must start in the other ka serve an average of 464 victims, 114 there is no hiding. It is time to get the body. Well, this bill raised revenue and, hotline calls are answered, and 308 peo- job done. It is time to put politics consequently, violated that constitu- ple across Alaska attend training ses- aside. Pass this bill and truly save tional provision. sions offered by local domestic violence lives. Yet today, S. 47 has removed that and sexual assault programs. Yet peo- Thank you, Mr. President. I yield the provision that raised this blue slip ple are still turned away because of a floor. problem in the other body. It does this lack of funding, a lack of service. On an The PRESIDING OFFICER. The Sen- only a few months after the majority average day in Alaska, 52 requests for ator from New Mexico. refused to drop it and proceed to con- services are not met—basic needs such Mr. UDALL of New Mexico. Mr. ference. What I just said tells you, if it as transportation, childcare, language President, I ask the Senator from Iowa, had been done as they are doing it translation, counseling and legal rep- Mr. GRASSLEY, is he in the queue to right now, we could have gotten this resentation. The bill before us is crit- speak? bill to conference and had something to ical in ensuring all victims receive the Mr. GRASSLEY. For 7 or 8 minutes. the President in the last Congress. The services they need. Mr. UDALL of New Mexico. Excuse willingness of the majority today to I wish to spend just a few more min- me? eliminate that unconstitutional provi- utes discussing the safety of women Mr. GRASSLEY. If I could have 7 or sion demonstrates that we could have and children in Alaska Native and 8 minutes now. had a bill last year, and that is what I American Indian families. For the sake Mr. UDALL of New Mexico. Yes. The want to express to my colleagues as a of our Nation’s first peoples, the tribal Senator is in the queue because Sen- terribly disappointing proposition for provisions in this bill need to become ator BEGICH just spoke. That would be this Senator. law. Yet some of my colleagues on the great. I thank the Senator very much. It is not true that unless S. 47 is other side of this Chamber are trying I appreciate it. passed exactly as is, various groups to strip out our expanded authority The PRESIDING OFFICER. The Sen- will be excluded from protection under over domestic violence in Indian Coun- ator from Iowa. the law. Current law protects all vic- try. Why are we debating this? One out Mr. GRASSLEY. Mr. President, there tims. Vice President BIDEN wrote the of every three Native American women has long been bipartisan support for current law. Every Member of the Sen- has suffered rape, physical violence or the Violence Against Women Act. Too ate who was a Member of this body stalking. Yet some Members want to many women are victims of domestic when the Violence Against Women Act debate the rights of their abusers. I violence, sexual assault, stalking, and last was reauthorized voted for that fully support the tribal provisions in dating violence. Federal support for bill, which backs up what I have been this bill. Yet I must point out that services to these women, and some- saying several times during my re- none of the expanded criminal jurisdic- times even men, has been beneficial to marks, that this could have passed last tion applies to Alaska Native tribes ex- our country. year as a consensus piece of legislation I support many of the provisions in cept for one true reservation at the and has passed in other reauthoriza- the majority bill. There are consolida- very southern tip of Alaska. Today is tions as a consensus piece of legisla- tions of grants, cyber stalking, rural not the day to fight that fight, but I tion. will take it up again soon from my seat programs, assistance for individuals on the Indian Affairs Committee in the with disabilities, older victims, hous- Neither Vice President BIDEN nor any Senate. ing protections, and numerous other other Senator passed a discriminatory Study after study has concluded that provisions I wholeheartedly support. bill in the past. It is not the case that the lack of effective local law enforce- There is overwhelming bipartisan sup- unless the controversial provisions are ment in Alaska Native villages con- port for 98 percent of what is contained accepted exactly as the majority in- tributes to so many problems: in- in S. 47. sists, without any compromise whatso- creased crime, alcohol and drug abuse, The process on the Violence Against ever, that any groups will be excluded. domestic violence, and poor edu- Women Act in the 112th Congress was The key stumbling block to enacting cational achievement. When it comes very disappointing, and I expressed a bill at this time is the provision con- to protecting those most at risk, Con- that last year during debate on this cerning Indian tribal courts. That pro- gress must recognize the need for local issue. vision raises serious constitutional

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S488 CONGRESSIONAL RECORD — SENATE February 7, 2013 questions concerning both the sov- Unfortunately, not all women have crimes between persons with no ties to ereignty of tribal courts and the con- received the full benefits of the Vio- the tribe. If they do not have any ties stitutional rights of defendants who lence Against Women Act. That is why to the tribe, it does not apply. Nothing would be tried in those tribal courts. the tribal provisions now are so impor- in this provision diminishes or alters We should focus on providing needed tant. Native American Women are 21⁄2 the jurisdiction of any Federal or State services for Native American women. times more likely than other U.S. court. But S. 47 makes political statements women to be victims of rape. One in I know some of my colleagues ques- and expounds needlessly on Native three will be sexually assaulted in tion whether a tribal court can provide American sovereignty. It raises such their lifetimes. And it is estimated the same protections to defendants significant constitutional problems that three out of every five Native that are guaranteed in a Federal or that its passage might actually not ac- women will experience domestic vio- State court. The bill addresses this complish anything at all for Native lence. concern. It provides comprehensive American women, while at the same Those numbers are tragic. Those protections to all criminal defendants time failing to protect the constitu- numbers tell a story of great human who are prosecuted in tribal courts, tional rights of other American citi- suffering, of women in desperate situa- whether or not the defendant is a Na- zens. tions, desperate for support, and too tive American. Defendants would es- Even the respected organization, the often we have failed to provide that sentially have the same rights in tribal Congressional Research Service, has support. The frequency of violence court as they do in State court. These raised constitutional questions about against Native women is only part of include, among many others, the right the tribal provisions in this bill. I hope the tragedy. Too often these crimes go to counsel, the right to a speedy trial, that whatever the Senate might do unprosecuted and unpunished. Not only the right to due process, the rights today, negotiations on these questions is violence inflicted but justice is de- against unreasonable search and sei- will continue. I am confident that if we nied. zure, double jeopardy, and self-incrimi- can reach agreement on these ques- Here is the problem: Tribal govern- nation. A tribe that does not provide tions, compromises on the other few re- ments are unable to prosecute non-In- these protections cannot prosecute maining issues can also be secured, al- dians for domestic violence crimes. non-Indians under this provision. lowing the bill to pass with over- They have no authority over these Some have also questioned whether whelming bipartisan support. crimes against Native American Congress has the authority to expand So following up on some of the con- spouses or partners within their own tribal criminal jurisdiction to cover cerns I have raised this morning, I will tribal lands. non-Indians. This issue was carefully yet today, if possible, offer a substitute Instead, under existing law, these considered in drafting the tribal juris- that is much more likely to be accept- crimes fall exclusively under Federal diction provisions. The Indian Affairs ed by the other body and then get to jurisdiction. But Federal prosecutors and Judiciary Committees worked the President for signature. have limited resources. They may be closely with the Department of Justice I yield the floor. The PRESIDING OFFICER. The Sen- located hours away from tribal commu- to ensure that the legislation is con- ator from New Mexico. nities. Non-Indian perpetrators often stitutional. Mr. UDALL of New Mexico. Mr. go unpunished. Yet over 50 percent of As a former Federal prosecutor and President, I rise today to express my Native women are married to non-Indi- attorney general of a State with a support for the Violence Against ans, and 76 percent of the overall popu- large Native American population, I Women Reauthorization Act. It is im- lation living on tribal lands is non-In- know how difficult the legal maze can portant that we are doing this early in dian. be for tribal communities. One result the 113th Congress and unfortunate The result is an escalating cycle of of this maze is unchecked crime. In sit- that we have to have this debate again. violence. On some tribal lands, the uations where personnel and funding The Senate passed a nearly identical homicide rate for Native women is up run thin and distances are long, vio- bill last April—a bill with strong bipar- to 10 times the national average—10 lence often goes unpunished. This legis- tisan support—but the House failed to times the national average. But this lation will create a local solution for a bring it up for a vote, allowing the law starts with small crimes, small acts of local problem. Tribes have proven their to expire at the end of last year. violence that may not rise to the at- effectiveness in combating domestic vi- Many House Republicans opposed the tention of a Federal prosecutor. olence committed by Native Ameri- Senate bill because it expanded VAWA In 2006 and 2007, U.S. attorneys pros- cans. protections to three groups: gays and ecuted only 45 misdemeanor crimes on But let me reiterate this very impor- lesbians, Native Americans, and un- tribal lands. For perspective, the Salt tant point: Without an act of Congress, documented immigrants. I support all River Reservation in Arizona—which is tribes cannot prosecute a non-Indian, three of these expansions. relatively small—reported more than even if he lives on the reservation, even Today I want to again stress how cru- 450 domestic violence cases in 2006 if he is married to a tribal member. cial this measure is to Native Amer- alone. Those numbers are appalling. Without this act of Congress, tribes ican women. For the past 19 years, the Native women should not be aban- will continue to lack authority. Violence Against Women Act helped doned to a jurisdictional loophole. In This legislation will create a local protect Native women from domestic effect, these women are living in a solution for a local problem. Tribes violence, from sexual assault, and from prosecution-free zone. The tribal provi- have proven their effectiveness in com- stalking. This historic legislation has sions in VAWA will provide a remedy. bating domestic violence committed by strengthened the prosecution of these The bill allows tribal courts to pros- Native Americans. But let me reiterate crimes, and it has provided critical ecute non-Indians in a narrow set of this very important point—without an support to the victims. cases that meet the following specific act of Congress, tribes cannot pros- VAWA has long been bipartisan, with conditions: The crime must have oc- ecute a non-Indian. Even if he lives on broad support. Democrats, Repub- curred in Indian country; the crime the reservation. Even if he is married licans, law enforcement officers, pros- must be either a domestic violence or to a tribal member. Without this act of ecutors, judges, health professionals, dating violence offense or a violation Congress, tribes will continue to lack all have supported this legislation. of a protective order; and the non-In- authority. Why? Because it has worked. Since dian defendant must reside in Indian This bill will also promote other im- VAWA’s passage in 1994, domestic vio- country, be employed in Indian coun- portant efforts to protect Native lence has decreased by over 50 percent, try, or be the spouse or intimate part- women from an epidemic of domestic and the victims of these crimes have ner of a member of the prosecuting violence, with increasing grants for been more willing to come forward, tribe. tribal programs to address violence, knowing they are not alone, knowing This bill does not extend tribal juris- with support for research on violence they will get the support they need, diction to general crimes of violence by against Native women, and also by al- knowing that crimes against women non-Indians. It does not apply to lowing Federal prosecutors to seek will not be tolerated. crimes between two non-Indians, tougher sentences for perpetrators who

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S489 strangle or suffocate their spouses or all offenders at the early stages before vio- women hide behind these federal laws and partners. lence escalates. court decisions, walking the streets of Indian All of these provisions are about jus- While the problem of violence against Na- country free of consequences, while denying tice. Right now, Native women do not tive women is longstanding and broad, the justice to Native women and their families. jurisdictional provisions proposed in S. 47, Nationally, Native women are raped and get the justice they deserve. But these Section 904, are well-reasoned and limited in assaulted at 2.5 times the national average. are strong women. They, rightly, de- scope. They extend only to misdemeanor More than 1 in 3 Native women will be raped mand to be heard. They have identified level crimes of domestic and dating violence. in their lifetimes, and more than 3 in 5 will a desperate need and logical solutions. They are limited to enforcement of reserva- suffer domestic assault. The U.S. Depart- That is why Native women and tribal tion-based crimes involving individuals that ment of Justice (DOJ) has found that the leaders across the Nation support the work or live on an Indian reservation and current system of justice, ‘‘inadequate to Violence Against Women Reauthoriza- who are in a serious relationship with a trib- stop the pattern of escalating violence tion Act and the proposed tribal provi- al citizen from that reservation. S. 47 also against Native women.’’ Tribal leaders, po- provides the full range of constitutional pro- lice officers, and prosecutors have testified sions. tections to abuse suspects who would be sub- to the fact that when misdemeanor acts of There are many—far too many—sto- ject to the authority of tribal courts. domestic and dating violence go ries of violence against Native women, In June of 2010, the United States Senate, unaddressed, offenders become emboldened and of the failure to protect them. Sto- by unanimous consent, passed the Tribal and feel untouchable, and the beatings esca- ries that should outrage us all. And Law and Order Act (TLOA). On July 27, 2010, late, often leading to death or severe phys- that could end through local interven- the House of Representatives passed the ical injury. A National Institute of Justice- tion. Local authority that will only be measure under suspension of the rules. The funded analysis of death certificates found made possible through an act of Con- tribal provisions in S. 47 are subject to a that, on some reservations, Native women more narrow set of crimes, are limited to are murdered at a rate more than ten times gress. We have the opportunity to sup- misdemeanor level punishments, and would the national average. S. 47 will crack down port such an act in the tribal provi- provide a broader range of protections to on reservation based domestic violence by sions of VAWA. With this bill we can suspects of abuse than those required under all offenders at the early stages before vio- close a dark and desperate loophole in TLOA. With such broad support for TLOA, it lence escalates. criminal jurisdiction. Native women is troubling that some Members of Congress While the problem of violence against Na- have waited too long already for jus- now claim that the narrowly tailored pro- tive women is longstanding and broad, the tice. They should not have to wait any posal in S. 47 raises constitutional concerns. jurisdictional provisions proposed in S. 47, longer. Such concerns are unfounded. Section 904, are well-reasoned and limited in In 2004, the U.S. Supreme Court affirmed a scope. They extend only to misdemeanor Senator LEAHY had asked that I put similar restoration of tribal government au- level crimes of domestic and dating violence. tribal statements in the RECORD. I ask thority through an amendment to the Indian They are limited to enforcement of reserva- unanimous consent to have printed in Civil Rights Act. Congress has this author- tion-based crimes involving individuals that the RECORD these letters from tribal ity, and Native women throughout the work or live on an Indian reservation and and other organizations in support of United States desperately need us to act so who are in a serious relationship with a trib- the tribal provision in S. 47, the Vio- that they can be afforded similar access to al citizen from that reservation. S. 47 also lence Against Women Act. justice that many others take for granted. provides the full range of constitutional pro- In 1978, the U.S. Supreme Court, in decid- There being no objection, the mate- tections to abuse suspects who would he sub- ing to divest Indian tribes of authority over ject to the authority of tribal courts. rial was ordered to be printed in the local reservation-based crimes, made the fol- In June of 2010, the United States Senate, RECORD, as follows: lowing statement: by unanimous consent, passed the Tribal OFFICE OF THE GOVERNOR, ‘‘We recognize that some Indian tribal Law and Order Act (TLOA). On July 27, 2010, PUEBLO OF TESUQUE, court systems have become increasingly so- the House of Representatives passed the Santa Fe, NM, February 5, 2012. phisticated and resemble in many respects measure under suspension of the rules. The Re Support for S. 47, VAWA Reauthorization their state counterparts. . . . We are not un- tribal provisions in S. 47 are subject to a Hon. PATRICK LEAHY, aware of the prevalence of non-Indian crime on more narrow set of crimes, are limited to Senate Committee on the Judiciary, today’s reservations which the tribes forcefully misdemeanor level punishments, and would Washington, DC. argue requires the ability to try non-Indians. provide a broader range of protections to DEAR CHAIRMAN LEAHY: I write on behalf of But these are considerations for Congress to suspects of abuse than those required under the Pueblo of Tesuque to voice our strong weigh.’’ Oliphant v. Suquamish Indian Tribe, TLOA. With such broad support for TLOA, it support for S. 47, the Violence Against 435 U.S. 191, 211 (1978) (emphasis added). is troubling that some Members of Congress Women Reauthorization Act (VAWA) of 2013. This statement and resulting gaps in now claim that the narrowly tailored pro- This bill will provide local tribal govern- criminal jurisdiction on Indian lands have posal in S. 47 raises constitutional concerns. ments with the long-needed control to com- haunted Native women and tribal commu- Such concerns are unfounded. bat acts of domestic violence against Native nities nationwide for more than 35 years. In 2004, the U.S. Supreme Court affirmed a women and children on Indian lands regard- Time has come for Congress to act. S. 47 similar restoration of tribal government au- less of the status of the offender. takes reasonable well-tailored measures to thority through an amendment to the Indian The current justice system in place on In- fill the gap in local authority, and will go far Civil Rights Act. Congress has this author- dian lands handcuffs the local tribal justice in helping to prevent future acts of violence ity, and Native women throughout the system. Non-Native men who abuse Native against Native women nationwide. Thank United States desperately need us to act so women hide behind these federal laws and you for again including these vital provi- that they can be afforded similar access to court decisions, walking the streets of Indian sions in your VAWA Reauthorization. justice that many others take for granted. country free of consequences, while denying Sincerely, In 1978, the U.S. Supreme Court, in decid- justice to Native women and their families. MARK MITCHELL, ing to divest Indian tribes of authority over Nationally, Native women are raped and Governor. local reservation-based crimes, made the fol- assaulted at 2.5 times the national average. lowing statement: More than 1 in 3 Native women will be raped SAMISH INDIAN NATION, ‘‘We recognize that some Indian tribal in their lifetimes, and more than 3 in 5 will Anacortes, WA, February 4, 2012. court systems have become increasingly so- suffer domestic assault. The U.S. Depart- Re Support for S. 47, VAWA Reauthorization phisticated and resemble in many respects ment of Justice (DOJ) has found that the Hon. PATRICK LEAHY, their state counterparts. . . . We are not un- current system of justice, ‘‘inadequate to Senate Committee on the Judiciary, aware of the prevalence of non-Indian crime on stop the pattern of escalating violence Washington, DC. today’s reservations which the tribes forcefully against Native women.’’ Tribal leaders, po- DEAR CHAIRMAN LEAHY: I write on behalf of argue requires the ability to try non-Indians. lice officers, and prosecutors have testified the Samish Indian Nation to voice our But these are considerations for Congress to to the fact that when misdemeanor acts of strong support for S. 47, the Violence weigh.’’ Oliphant v. Suquamish Indian Tribe, domestic and dating violence go Against Women Reauthorization Act 435 U.S. 191, 211 (1978) (emphasis added). unaddressed, offenders become emboldened (VAWA) of 2013. This bill will provide local This statement and resulting gaps in and feel untouchable, and the beatings esca- tribal governments with the long-needed criminal jurisdiction on Indian lands have late, often leading to death or severe phys- control to combat acts of domestic violence haunted Native women and tribal commu- ical injury. A National Institute of Justice- against Native women and children on In- nities nationwide for more than 35 years. funded analysis of death certificates found dian lands regardless of the status of the of- Time has come for Congress to act. S. 47 that, on some reservations, Native women fender. takes reasonable well-tailored measures to are murdered at a rate more than ten times The current justice system in place on In- fill the gap in local authority, and will go far the national average. S. 47 will crack down dian lands handcuffs the local tribal justice in helping to prevent future acts of violence on reservation based domestic violence by system. Non-Native men who abuse Native against Native women nationwide. Thank

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S490 CONGRESSIONAL RECORD — SENATE February 7, 2013 you for again including these vital provi- that they can be afforded similar access to pacity to reach out to these geographically sions in your VAWA Reauthorization. justice that many others take for granted. distant communities. Yet we know how dan- Sincerely, In 1978, the U.S. Supreme Court, in decid- gerous domestic violence cases can be, and TOM WOOTEN. ing to divest Indian tribes of authority over cannot stand by and let these crimes go local reservation-based crimes, made the fol- unaddressed. Too many lives are at risk; too GREAT PLAINS TRIBAL lowing statement: many victims and children are left to suffer CHAIRMAN’S ASSOCIATION, ‘‘We recognize that some Indian tribal because the only system of justice afforded Rapid City, SD, February 4, 2013. court systems have become increasingly so- to them is utterly out of reach. Re Support for S. 47, VAWA Reauthorization phisticated and resemble in many respects We believe that the provisions contained in their state counterparts. . . . We are not un- S. 47 create an excellent path for supporting Hon. PATRICK LEAHY, aware of the prevalence of non-Indian crime on a system of tribal courts that can quickly, Senate Committee on the Judiciary, today’s reservations which the tribes forcefully appropriately, and fairly respond to the epi- Washington, DC. argue requires the ability to try non-Indians. demic of domestic violence on tribal lands. DEAR CHAIRMAN LEAHY: I write on behalf of But these are considerations for Congress to We base this belief on the long history the Great Plains Tribal Chairman’s Associa- weigh.’’ Oliphant v. Suquamish Indian Tribe, NCJFCJ has had in providing training and tion to voice our strong support for S. 47, the 435 U.S. 191, 211 (1978) (emphasis added). technical assistance to tribal courts. There Violence Against Women Reauthorization This statement and resulting gaps in is a dedication and willingness on the part of Act (VAWA) of 2013. This bill will provide criminal jurisdiction on Indian lands have both tribal and state courts to build the best local tribal governments with the long-need- haunted Native women and tribal commu- possible system of justice for Native victims ed control to combat acts of domestic vio- nities nationwide for more than 35 years. of domestic violence. We ask the Senate to lence against Native women and children on Time has come for Congress to act. S. 47 recognize the appropriateness of tribal Indian lands regardless of the status of the takes reasonable well-tailored measures to courts’ providing protection to their most offender. fill the gap in local authority, and will go far vulnerable community members. In the in- The current justice system in place on In- in ensuring domestic safety for Native terests of justice for all, we ask you to vote dian lands handcuffs the local tribal justice women nationwide. We urge you to support for S. 47 so that its tribal provisions can be- system. Non-Native men who abuse Native and vote for S. 47 when the measure moves come law. women hide behind these federal laws and to the Senate floor. Thank you for your at- If you have any questions, we stand ready court decisions, walking the streets of Indian tention to this matter. to answer with whatever information you country free of consequences, while denying Sincerely, may need. justice to Native women and their families. TEX ‘‘RED TIPPED ARROW’’ Sincerely, Nationally, Native women are raped and HALL, MICHAEL NASH, assaulted at 2.5 times the national average. Chairman, Mandan, President, National Council of More than 1 in 3 Native women will be raped Hidatsa, Arikara Juvenile and Family Court Judges. in their lifetimes, and more than 3 in 5 will Nation, Three Affili- suffer domestic assault. The U.S. Depart- ated Tribes, Chair- SUSANVILLE INDIAN RANCHERIA, ment of Justice (DOJ) has found that the man, Great Plains Susanville, CA, February 4, 2013. current system of justice, ‘‘inadequate to Tribal Chairman’s Re Support for S. 47, VAWA Reauthorization stop the pattern of escalating violence Association. Hon. PATRICK LEAHY, against Native women.’’ Tribal leaders, po- Senate Committee on the Judiciary, lice officers, and prosecutors have testified NATIONAL COUNCIL OF JUVENILE Washington, DC. to the fact that when misdemeanor acts of AND FAMILY COURT JUDGES, DEAR CHAIRMAN LEAHY: I write on behalf of domestic and dating violence go Reno, NV, February 4, 2013. the Susanville Indian Rancheria to voice our unaddressed, offenders become emboldened Sen. PATRICK LEAHY, strong support for S. 47, the Violence and feel untouchable, and the beatings esca- Chairman, Senate Committee on the Judiciary, Against Women Reauthorization Act late, often leading to death or severe phys- Washington, DC. (VAWA) of 2013. This bill will provide local ical injury. A National Institute of Justice- TO THE MEMBERS OF THE U.S. SENATE: On tribal governments with the long-needed funded analysis of death certificates found behalf of the National Council of Juvenile control to combat acts of domestic violence that, on some reservations, Native women and Family Court Judges (NCJFCJ) and its against Native women and children on In- are murdered at a rate more than ten times 2,000 members who represent the nation’s dian lands regardless of the status of the of- the national average. S. 47 will crack down 30,000 state family and juvenile court judges, fender. on reservation based domestic violence by I am writing in support of Title IX of S. 47, The current justice system in place on In- all offenders at the early stages before vio- the bill to reauthorize the Violence Against dian lands handcuffs the local tribal justice lence escalates. Women Act. In particular, I am writing to system. Non-Native men who abuse Native While the problem of violence against Na- apprise you of the NCJFCJ’s strong support women hide behind these federal laws and tive women is longstanding and broad, the for the recognition of tribes’ need for and court decisions, walking the streets of Indian jurisdictional provisions proposed in S. 47, sovereign authority to establish tribal country free of consequences, while denying Section 904, are well-reasoned and limited in courts to address the epidemic of domestic justice to Native women and their families. scope. They extend only to misdemeanor violence on tribal lands. Nationally, Native women are raped and level crimes of domestic and dating violence. On January 21, 2011, the NCJFCJ adopted assaulted at 2.5 times the national average. They are limited to enforcement of reserva- an organizational policy that states that we More than 1 in 3 Native women will be raped tion-based crimes involving individuals that recognize tribal courts as equal and parallel in their lifetimes, and more than 3 in 5 will work or live on an Indian reservation and systems of justice to the state court sys- suffer domestic assault. The U.S. Depart- who are in a serious relationship with a trib- tems. We did so because our state court ment of Justice (DOJ) has found that the al citizen from that reservation. S. 47 also judge members have a strong history of current system of justice, ‘‘inadequate to provides the full range of constitutional pro- working with tribal courts and are aware of stop the pattern of escalating violence tections to abuse suspects who would be sub- their capacity to adjudicate local cases of against Native women.’’ Tribal leaders, po- ject to the authority of tribal courts. domestic violence. Our organization has long lice officers, and prosecutors have testified In June of 2010, the United States Senate, supported the efforts of tribal courts to ad- to the fact that when misdemeanor acts of by unanimous consent, passed the Tribal dress these crimes, whether these crimes are domestic and dating violence go Law and Order Act (TLOA). On July 27, 2010, committed by Indian or non-Indian persons, unaddressed, offenders become emboldened the House of Representatives passed the in order to protect the safety of the victims and feel untouchable, and the beatings esca- measure under suspension of the rules. The of these crimes, their family members, and late, often leading to death or severe phys- tribal provisions in S. 47 are subject to a the local community. ical injury. A National Institute of Justice- more narrow set of crimes, are limited to In our role as state court judges working funded analysis of death certificates found misdemeanor level punishments, and would alongside tribal lands, we are in a unique po- that, on some reservations, Native women provide a broader range of protections to sition to see the shortcomings of the current are murdered at a rate more than ten times suspects of abuse than those required under system of justice afforded to the tribes the national average. S. 47 will crack down TLOA. With such broad support for TLOA, it through the federal district courts. Cur- on reservation based domestic violence by is troubling that some Members of Congress rently, only the U.S. Attorneys can pros- all offenders at the early stages before vio- now claim that the narrowly tailored pro- ecute these cases—but they seldom do, be- lence escalates. posal in S. 47 raises constitutional concerns. cause there are not enough U.S. Attorneys to While the problem of violence against Na- Such concerns are unfounded. handle these cases and because in many tive women is longstanding and broad, the In 2004, the U.S. Supreme Court affirmed a cases the nearest office of the U.S. Attorney jurisdictional provisions proposed in S. 47, similar restoration of tribal government au- is several hundred miles away. The remote Section 904, are well-reasoned and limited in thority through an amendment to the Indian locations of many tribal communities create scope. They extend only to misdemeanor Civil Rights Act. Congress has this author- serious obstacles to access for victims of level crimes of domestic and dating violence. ity, and Native women throughout the these crimes. They have no way to get to They are limited to enforcement of reserva- United States desperately need us to act so federal court and the federal court has no ca- tion-based crimes involving individuals that

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S491 work or live on an Indian reservation and and then to look at areas where we strengthens current law and provides who are in a serious relationship with a trib- needed to be more sophisticated, where solutions to problems that we have al citizen from that reservation. S. 47 also we needed to respond to changing learned more about since VAWA first provides the full range of constitutional pro- issues in the law. Certainly, the tribal passed in 1994. tections to abuse suspects who would be sub- jurisdiction issue was one of those The Senate bill continues a tradition ject to the authority of tribal courts. In June of 2010, the United States Senate, major issues. of bipartisan sponsorship, with 60 co- by unanimous consent, passed the Tribal I rise today to talk about the impor- sponsors, including 7 Republicans. As Law and Order Act (TLOA). On July 27, 2010, tance of this bill. It is a law that has we know, last April the Senate ap- the House of Representatives passed the changed the way we think about vio- proved this bill by a 68-to-31 vote. All measure under suspension of the rules. The lence against women in the United 17 women Senators—I see my colleague tribal provisions in S. 47 are subject to a States of America. The Violence Senator MURKOWSKI here from Alaska. more narrow set of crimes, are limited to Against Women Act is one of the great We thank her for her support and vote misdemeanor level punishments, and would legislative success stories in the crimi- provide a broader range of protections to for that bill. This truly brought the nal area in the last few decades. Since women of the Senate together to stand suspects of abuse than those required under it was first passed in 1994, annual do- TLOA. With such broad support for TLOA, it up against domestic violence. is troubling that some Members of Congress mestic violence rates have fallen by 50 What does this bill do that is dif- now claim that the narrowly tailored pro- percent. Now, you usually cannot say ferent from the last bill? Well, it con- posal in S. 47 raises constitutional concerns. that about criminal prosecution ef- solidates duplicative programs and Such concerns are unfounded. forts. I usually do not have that kind streamlines others. It provides greater In 2004, the U.S. Supreme Court affirmed a of number. But that is what we have— flexibility for the use of grant money. similar restoration of tribal government au- since 1994, a 50-percent difference in do- It has new training requirements for thority through an amendment to the Indian mestic violence rates. Civil Rights Act. Congress has this author- people providing legal assistance to People have stopped looking at the victims. As I mentioned, it takes im- ity, and Native women throughout the issue of domestic violence as a family United States desperately need us to act so portant steps to address the dispropor- that they can be afforded similar access to issue, and they have started treating tionately high domestic violence rates justice that many others take for granted. domestic violence and sexual assault as in Native American communities. In 1978, the U.S. Supreme Court, in decid- the serious crimes they are. Last year I am disappointed that we were un- ing to divest Indian tribes of authority over Minnesota recorded the lowest number able to include the modest increase in local reservation-based crimes, made the fol- of domestic-related deaths since 1991— U visas for immigrant victims of do- lowing statement: down from 34 in 2011 to 18. This is in no ‘‘We recognize that some Indian tribal mestic violence. There were technical small part due to the Violence Against objections to including that provision. court systems have become increasingly so- Women Act. Women have more access phisticated and resemble in many respects It was removed in order to improve our their state counterparts. . . . We are not un- to intervention programs, and they feel chances of getting this bill done once aware of the prevalence of non-Indian crime on more empowered to come forward. and for all. U visas are an important I know in my own county, where I today’s reservations which the tribes forcefully tool for encouraging victims to come was chief prosecutor for 8 years, argue requires the ability to try non-Indians. forward. I will press to increase the thanks to the good work of Paul and But these are considerations for Congress to number of U visas available to victims weigh.’’ Oliphant v. Suquamish Indian Tribe, Sheila Wellstone, and my predecessor when we work on the comprehensive 435 U.S. 191, 211 (1978) (emphasis added). Mike Freeman, we set up one of the immigration reform bill in the spring. This statement and resulting gaps in most unique domestic violence service One thing I wish to note about this criminal jurisdiction on Indian lands have centers in the country. It has been a bill is that it closes many gaps in the haunted Native women and tribal commu- model for the rest of the country. nities nationwide for more than 35 years. current system, ways to improve the Under my leadership, we also made Time has come for Congress to act. S. 47 current system. There was a bill I in- changes to it to advance it to even takes reasonable well-tailored measures to troduced with Senator Hutchison to higher levels. But the point is that it is fill the gap in local authority, and will go far address high-tech stalking, cases where in helping to prevent future acts of violence a one-stop shop for the victims of do- stalkers use technology such as the against Native women nationwide. Thank mestic violence, so they can come in, Internet, video surveillance, and bug- you for again including these vital provi- see a prosecutor, see a cop, have a sions in your VAWA Reauthorization. place for their kids to play, be able to ging to stalk victims. This is not some- Sincerely, find a shelter and a place to live, all thing we probably would be talking STACY DIXON, about if I were standing here in 1994, Tribal Chairman. under one roof instead of walking through the maze of the bureaucracy in but here in 2013, we know it is an issue. Mr. UDALL of New Mexico. I know the Government Center. We have seen cases across the Nation my colleague, the Senator from Min- Both prevention and prosecution of of this kind of video surveillance and nesota, Ms. KLOBUCHAR, is here today— domestic violence work were among Internet bugging. In fact, we had a another prosecutor, another Senator my top priorities as a prosecutor. I very high profile case involving a high who knows the importance of this law. know we have done good work, but profile newscaster who was willing to I very much appreciate her hard work there is still a lot of work that needs to come forward and work with House and in terms of bringing justice to tribal be done. Senate authors on this bill. We are communities and bringing justice to According to a recent survey con- very pleased to have had the support women across this Nation. ducted by the Centers for Disease Con- from the Fraternal Order of Police, I yield the floor. trol and Prevention, 24 people per Federal Law Enforcement Officers As- The PRESIDING OFFICER. The Sen- minute are victims of rape, physical vi- sociation, National Sheriffs’ Associa- ator from Minnesota. olence, or stalking by an intimate tion, and the International Association Ms. KLOBUCHAR. Mr. President, I partner in this country. Approximately of Chiefs of Police. They have all en- wish to first thank the Senator from one in four women has experienced se- dorsed this bill. New Mexico for his great leadership on vere physical violence by an intimate This provision, the high-tech stalk- this issue. This is a national issue. It is partner at some point in her lifetime, ing provision, is included in the Vio- a bipartisan issue. It crosses geo- and 45 percent of the women killed in lence Against Women Act, so we are graphic lines. Those of us who have sig- the United States are killed by their very happy about that. Again, I believe nificant tribal communities know how partner. Every year close to 17,000 peo- our laws have to be as sophisticated as important these provisions are to this ple still lose their lives to domestic vi- those who are breaking them. If they bill. olence. These statistics mean that sex- are using the Internet, if they are spy- We tried very hard on the Judiciary ual assault, domestic violence, and ing with video cameras through peep- Committee to make sure this bill is stalking are still problems in America. holes, we have to be able to respond to consistent with the bipartisan work we That is why it is so important that we that. have done in the past, but we also saw move quickly to take up this bill. I wanted to end by telling a story I it as an opportunity to consolidate Just like the two prior authoriza- told when we first started to consider some of the programs to save money tions in 2000 and 2006, this bill this bill over a year ago. A year ago,

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S492 CONGRESSIONAL RECORD — SENATE February 7, 2013 over the holidays, I went to one of the Thank you for your leadership and stead- ASSOCIATION OF saddest funerals I ever attended. It was fast commitment to supporting victims of PROSECUTING ATTORNEYS, the funeral for Shawn Schneider. He sexual violence, intimate partner violence, Washington, DC, February 4, 2013. was a Lake City police officer in Min- and stalking. We look forward to hearing of Hon. PATRICK LEAHY, Chairman, Senate Committee on Judiciary, neapolis. I have since gotten to know VAWA’s swift reauthorization. If you have any questions, please feel free to contact me. Washington, DC. his widow. He died responding to a do- DEAR CHAIRMAN LEAHY: On behalf of the Sincerely, mestic violence case. He went up to the Association of Prosecuting Attorneys, which JENNIFER G. LONG, J.D., represents and supports all prosecutors, I am door. He had received a call from the Director. 17-year-old victim—the department writing today regarding the Violence had. He went up there to that door, and Against Women Act’s (VAWA) reauthoriza- he got shot in the head. His bulletproof AMERICAN PROBATION AND tion. VAWA has improved the criminal jus- PAROLE ASSOCIATION, tice system’s response to the devastating vest did not protect him. Nothing pro- Lexington, KY, February 1, 2013. crimes of domestic violence, dating violence, tected him. When I was sitting in that Senator PATRICK LEAHY, sexual assault and stalking. The reauthoriza- church and saw his three little chil- Chairman, Committee on the Judiciary, tion of this critical legislation ensures a con- dren, including that little girl in her Washington, DC. tinued response to these crimes. little blue dress covered in stars, I Senator MIKE CRAPO, Since its original passage in 1994, VAWA thought to myself at that moment, the Washington, DC. has dramatically enhanced our nation’s re- victims of domestic abuse are not just sponse to violence against women. More vic- DEAR SENATORS LEAHY AND CRAPO: The tims report domestic violence to the police, one victim. It is an entire family. It is American Probation and Parole Association the rate of non-fatal intimate partner vio- an entire community. So in their honor (APPA) represents over 35,000 pretrial, pro- lence against women has decreased by 63%, today, in the honor of those children, I bation, parole and community corrections and VAWA saved nearly $14.8 billion in net would like us to have strong bipartisan professionals working in the criminal and ju- averted social costs in just the first six years. support for the Violence Against venile justice systems nationally and come The reauthorization of VAWA builds upon Women Act. I believe we can do it. from federal, state, local and tribal jurisdic- existing efforts to more effectively combat I ask unanimous consent to have tions. On behalf of our membership and con- violence against all victims. The reauthor- ization of VAWA renews a range of impor- printed in the RECORD these letters stituents we whole-heartedly support your efforts to have the Violence Against Women tant programs and initiatives for law en- from law enforcement and criminal forcement to address the various causes and Act (VAWA) reauthorized. justice organizations in support of S. far-reaching consequences of domestic vio- 47, the Violence Against Women Act. The VAWA initiatives have supported lence, sexual assault, dating violence, and There being no objection, the mate- state, local and tribal efforts to effectively stalking. VAWA Reauthorization will fur- rial was ordered to be printed in the address the crimes of domestic violence, dat- ther build upon the successes of these pro- RECORD, as follows: ing violence, sexual assault and stalking. grams by including measures to ensure an increased focus on sexual assault prevention, AEQUITAS, THE PROSECUTORS’ RE- These efforts have shown great progress and enforcement, and services; and providing as- SOURCE ON VIOLENCE AGAINST promise towards keeping victims safe and sistance to law enforcement to take key WOMEN, holding perpetrators accountable. The reau- steps to reduce backlogs of rape kits under Washington, DC, February 4, 2013. thorization of VAWA is critical to maintain- their control. Hon. PATRICK LEAHY, ing the progress of current initiatives and VAWA has undoubtedly had a positive im- Chairman, Senate Committee on Judiciary, ensuring comprehensive and effective re- pact on the efforts of law enforcement agen- Washington, DC. sponses to these crimes in the future for the cies nationwide to keep victims and their Hon. BOB GOODLATTE, protection of all victims without consider- children safe and hold perpetrators account- Chairman, House Committee on Judiciary, ation of race, ethnicity or sexual orienta- able. Thank you for your leadership and Washington, DC. tion. steadfast commitment to supporting victims Hon. CHARLES GRASSLEY, Domestic violence perpetrators represent a of domestic violence, dating violence, sexual Ranking Member, Senate Committee on Judici- assault, and stalking. We look forward to significant proportion of the total popu- ary, Washington, DC. hearing of VAWA’s swift reauthorization. If Hon. JOHN CONYERS, lation on community supervision. In 200 8 you have any questions, feel free to contact Ranking Member, House Committee on Judici- there were nearly 86,000 adults on probation me. ary, Washington, DC. for a domestic violence offense in United Sincerely, DEAR CHAIRMAN LEAHY, CHAIRMAN GOOD- States, and data from the California Depart- STEVEN JANSEN, LATTE, RANKING MEMBER GRASSLEY AND ment of Justice indicates that in 2000 ap- Vice President/COO. RANKING MEMBER CONYERS: On behalf of proximately 90 % of adults convicted of fel- AEquitas: The Prosecutors’ Resource on Vio- ony domestic violence offenses in that state BOARD OF SUPERVISORS, lence Against Women, in support for the Vio- were sentenced to a period of probation, ei- COUNTY OF SANTA BARBARA, lence Against Women Act’s (VAWA) reau- ther alone or coupled with incarceration. Do- Santa Barbara, CA, January 31, 2013. thorization. AEquitas’ mission is to improve mestic violence offenders are among the Hon. PATRICK LEAHY, the quality of justice in sexual violence, inti- Chairman, Committee on the Judiciary, U.S. mate partner violence, stalking, and human most dangerous offenders on community su- pervision caseloads, and in order to supervise Senate, Washington, DC. trafficking cases by developing, evaluating DEAR MR. CHAIRMAN: I am writing on be- domestic violence offenders effectively, com- and refining prosecution practices that in- half of the Santa Barbara County Board of crease victim safety and offender account- munity corrections professionals must re- Supervisors to urge you to take action on ability. ceive adequate training. legislation to reauthorize the Violence VAWA has unquestionably improved the Since its original passage in 1994, VAWA Against Women Act (VAWA). nation’s justice system response to the dev- has been instrumental in increasing our con- Thank you for introducing S. 47, the Vio- astating crimes of sexual violence, intimate stituents’ attention to and understanding of lence Against Women Reauthorization Act. partner violence, and stalking. This critical these crimes as well as provided significant Programs authorized by VAWA have saved legislation must be reauthorized to ensure a lives as well as providing resources and assistance in humanizing their responsive- continued response to these crimes. training needed in communities like Santa ness to victims and improving their prac- Since its original passage in 1994, VAWA Barbara County to address these reprehen- has improved the criminal justice system’s tices related to accountability and interven- sible crimes, and the Board recognizes the ability to keep victims safe and hold per- tion with perpetrators of these crimes. importance of reauthorizing and enhancing petrators accountable. As a result of this VAWA has without question been instru- the resources provided by this important historic legislation, every state has enacted mental in developing community supervision public safety program. laws making stalking a crime and strength- practices that keep victims and their fami- The Violence Against Women Reauthoriza- ened criminal rape and sexual assault stat- lies safe from future harm and improved tion Act would expand the law’s focus on utes. compliance and behavioral change for per- sexual assault and help ensure access to VAWA has undoubtedly had a positive im- petrators. services for all victims of domestic and sex- pact on the efforts of prosecutors to hold of- ual violence. It also responds to these dif- fenders accountable while supporting victim We stand ready to assist you throughout ficult economic times by consolidating pro- safety. We urge Congress to reauthorize the reauthorization process. If you have any grams, focusing on the most effective ap- VAWA to build upon its successes and to ex- questions or require further information or proaches, and adding accountability meas- pand its ability to improve our response to assistance, please feel free to contact me. ures to ensure that Federal funds are used ef- these crimes, hold perpetrators accountable, Sincerely, ficiently and effectively. and keep victims and their children safe CARL WICKLUND, The Violence Against Women Act has been from future harm. Executive Director. successful because it has consistently had

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S493 strong bipartisan support for nearly two dec- Missouri women and their families rely on rior has made a decision to deny the ades. Please work with the members of your the programs and services that VAWA makes construction of a single-lane gravel committee to expedite action on S. 47 or possible. For example, non-profit, commu- emergency access road through a very, similar legislation to reauthorize VAWA. nity, and faith-based organizations use fed- very tiny portion of a national wildlife Sincerely yours, eral funds directed through VAWA’s Sexual THOMAS P. WALTERS, Assault Services Program to provide vital refuge located on the Alaska Peninsula Washington Representative. support to victims of sexual assault. And in southwest Alaska. Missouri prosecutors, police officers, and You might think, well, why is this AMERICAN BAR ASSOCIATION, court personnel participate in training fund- such a big deal? You have heard me Chicago, IL, January 30, 2013. ed through the STOP (Services Training Offi- here on the floor or others here in this Hon. PATRICK J. LEAHY, cers Prosecutors) program, equipping them body have certainly heard me many U.S. Senate, to better address violent crime against times advocate on behalf of Alaska and Washington, DC. women. the development of our resources to Hon. MICHAEL D. CRAPO, But the work is just beginning. In 2011, U.S. Senate, over 40,000 incidents of domestic violence benefit the people of Alaska, to benefit Washington, DC. were reported in Missouri. Thirty women the country as a whole. This is not a DEAR SENATORS LEAHY AND CRAPO: On be- were killed by their husbands or boyfriends. development project I am talking half of the American Bar Association (ABA), Missouri women reported more than 1,400 about here today. What I am address- with nearly 400,000 members across the coun- forcible rapes or attempted forcible rapes. ing today is the health and the safety— try, I write to commend your continued bi- And although over 10,000 women in need were the safety of the residents of a small partisan leadership in the cause of justice able to find a place at a shelter, nearly 20,000 Aleut community located in the Aleu- and equal rights with the introduction of the more were turned away. tian Islands. These are 748 people who Violence Against Women Reauthorization By reauthorizing VAWA, this Congress will Act of 2013. The ABA strongly supports your continue the effort undertaken nearly twen- really do not have the audiences so effort to renew proven and effective pro- ty years ago—the effort to eliminate violent many constituents in Alaska or in grams that support victims of domestic, sex- crime perpetrated against our mothers, our other parts of the country enjoy. ual, stalking and dating violence and their sisters, our daughters, our neighbors, and They are kind of out of sight, out of families. our friends. I urge each of you to support mind, if you will. They are not out of The ABA has long supported efforts to ad- this important legislation. sight, out of mind, out of my heart. dress domestic, sexual and stalking violence, Respectfully, One of the most important respon- and we recognize that the legal profession CHRIS KOSTER, sibilities we have as U.S. Senators, as fulfills an important role in addressing these Attorney General, State of Missouri. Members of Congress, is to protect the crimes. Since 1994, the ABA’s Commission on Ms. MURKOWSKI. Mr. President, I Domestic & Sexual Violence has also worked safety of those people we represent. to increase access to justice for victims of ask unanimous consent to speak as in I wish to tell the story of King Cove, domestic violence, sexual assault and stalk- morning business. AK, and what is going on. You have ing by mobilizing the legal profession. The PRESIDING OFFICER. Without seen the picture of the map of Alaska, In recent years, the ABA has adopted poli- objection, it is so ordered. the big beautiful State. I don’t have it cies that specifically address VAWA reau- Ms. MURKOWSKI. Mr. President, superimposed over the rest of the lower thorization, including some of the more chal- first I would like to follow my col- lenging issues that ultimately proved to be 48, because my point today is not to league from Minnesota in voicing my talk about how big we are in compari- barriers to reauthorization during the last support for passage of the Violence Congress: son to the rest of the Nation as a whole February 2010: urging reauthorization and Against Women Act. As she noted, I but to put in context what we are talk- highlighting the need for legislation that have been a cosponsor of this very im- ing about here when we talk about the ‘‘provides services, protection, and justice portant legislation not only this Con- community of King Cove, AK. for underserved and vulnerable victims of vi- gress but last. I have urged on multiple You have the Aleutian peninsula here olence, including children and youth who are occasions that we move forward with that stretches out approximately 1,000 victims or are witnesses to family violence, reauthorization of this very significant miles. You might not appreciate the and victims who are disabled, elderly, immi- legislation, have urged the House to do grant, trafficked, LGBT and/or Indian.’’ length and scope we are talking about August 2012: urging Congress ‘‘to strength- the same last year. They failed to do here, but the Aleutian chain is just ex- en tribal jurisdiction to address crimes of that. actly that. gender-based violence on tribal lands that You do not give up when the cause is King Cove is right on the end of this are committed by non-Indian perpetrators.’’ right. This is far too important to too peninsula area in this diagram. It is VAWA reauthorization was a legislative many around the country. My col- kind of out there. When I say ‘‘kind of priority for the association during the 112th league has cited some of the statistics out there,’’ there is nothing else Congress and a focus of our annual grass- and the issues and the initiatives she roots lobbying event, ABA Day 2012, when around there. There are no roads that ABA, state, local, and specialty bar leaders worked on when she was back home in connect you to get anywhere when you from al l 50 states met with members of Con- her home State of Minnesota. It is want to go to ‘‘town.’’ Town is Anchor- gress of both parties on this issue. something I think we all share—a con- age, AK, probably about 600 miles VAWA reauthorization remains a priority cern for the levels of domestic violence away, maybe even a little bit longer. It for the American Bar Association during the within our respective States. In a State is most likely a $1,000 airplane ticket 113th Congress. We appreciate your leader- such as Alaska where we have so much to get there. That puts it in context ship and look forward to working with you to be proud of, unfortunately our sta- here. This is King Cove, AK. to ensure passage of this legislation. tistics as they relate to domestic vio- Sincerely, To put it in a little better context as LAUREL G. BELLOWS. lence are appalling. Appalling. to what we are speaking about, this is So anything that we can do, whether the community of King Cove right on ATTORNEY GENERAL OF MISSOURI, it is here in Washington, DC, at the the end of this lagoon, this bay. All the Jefferson City, MO, February 6, 2013. local level, the State level, we must do. way around the other side of the bay is DEAR MEMBERS OF CONGRESS: In 1994, this We need to act here. So I join not only an area called Cold Bay. Cold Bay was nation’s leaders enacted the Violence my colleague from Minnesota but so designated during World War II as an Against Women Act (‘‘VAWA’’). This land- many who have led the charge here to mark piece of legislation put in place a legal air base this country relied on. During framework that better enabled states like do right as we work to reauthorize the the war, they constructed a 10,000-foot Missouri to effectively investigate violent Violence Against Women Act. I will runway. It is the second longest run- crimes against women, prosecute and punish have an opportunity to speak more on way in the State of Alaska right now, offenders, and protect victims from further the VAWA reauthorization later. and it is in pretty good shape. It is harm. In the decades since VAWA’s enact- DECISION BY THE DEPARTMENT OF THE INTERIOR used as a divert runway. NASA uses it ment, Congress has twice voted to reauthor- I wanted to take some time this as one of its divert places. It is a pretty ize the law. With each reauthorization, Con- morning to come to the floor to speak gress not only strengthened the provisions of good solid airport. the law, it also reaffirmed this country’s about an issue that has absolutely in- Keep in mind, Cold Bay has about commitment to support survivors of personal flamed me this week. This week I 100, maybe 110 people on a good day violence and sexual assault. It is time to do learned that the Fish and Wildlife who live there. Around here, King Cove so again. Service in the Department of the Inte- is an Aleut community. It has been

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S494 CONGRESSIONAL RECORD — SENATE February 7, 2013 around for maybe 1,000 years, maybe a why I feel this decision is so wrong- At some point in time you say this couple of thousand years. It has been headed, so shortsighted, and so wrong doesn’t work. When you have a way around a long time. The Aleut people to the people who call this area home. out, and it could be a simple road, why have lived in this part of the country Talking again about the weather and wouldn’t we do that to address the life for thousands of years. This commu- what it means, when you are in a small safety of the people who live here? nity now is host to about 748 people, community that doesn’t have a hos- Back in 1979 and 1980, there were a give or take. During the fishing season pital—you don’t have a hospital if number of airplane crashes that hap- you might get it up as high as possibly there are 748 people. We have an IHS pened as they were trying to take off 1,000 people. It is not a booming me- clinic, an Indian Health Service clinic. and land in King Cove. In 1981 we had a tropolis by any stretch of the imagina- To provide for health needs is a com- medevac plane go down. We lost a tion. munity health aid, and we might have nurse, her helper, the patient, and the King Cove, as you can see, is kind of a PA every now and again, but not al- medevac’s pilot—all killed. They were isolated. There is water all around it. ways reliably. We actually did have a trying to airlift an individual who had That is fair, that is good. This is a situ- doctor out in King Cove some years suffered a heart attack. Everybody was ation where this community is ringed ago. He was there in 2006, and he left killed. by mountains. after 6 months. We don’t have the med- In 2010, there was an airplane crash I have a picture here of King Cove. ical assistance we need. When some- that occurred well on landing into King When you look at the location of the body suffers a heart attack, when a Cove. Della Trumble, who has long water, you see where the mountains woman has a complication with a preg- been an advocate for a solution to help are. These are pretty fjord-like. These nancy, it is not as if you can stay there the people of King Cove, was watching are not timid and tame mountains. in King Cove and seek medical help. that plane land because her daughter These are the types of mountains that What happens? They have to get out. was coming home. To be sitting there get your attention when you are flying Well, how do they get out? They can at the air strip, watching the plane in. get out by boat. They can move around come in to deliver your daughter, The air strip here for King Cove sits by boat from King Cove over to Cold knowing the weather is foul, knowing right back up in this area. You need to Bay, where we have the second largest the conditions are sketchy, and then come through these high mountains on runway in the State of Alaska. It seeing that airplane crash in front of all sides. When the cloud layer is low, seems like a pretty simple situation. your eyes—fortunately for Della and as it usually is in this area, there are The problem is that a boat is about as her daughter, she walked away. Think some issues as to whether you have a dangerous oftentimes as flying. What about that trauma. safe fly-out range. happens is if you have weather this In February of 2011, the Coast Guard There are clouds, not only cross cur- stinky, it raises the waves, making was forced to dispatch a helicopter out rents that hit as you are coming into getting a fishing vessel across with a of Kodiak, moving a helicopter from the airport, but you also have the sick person, trying to get them to the Kodiak over to King Cove. They were downdraft coming off these very dock on Cold Bay side and out of that trying to transfer a 73-year-old woman strong, very prominent mountains. vessel, a harrowing event. who was suffering from chest pains. A This type of downdraft causes turbu- This is a picture we took from a few days later the Coast Guard tried lence that particularly impacts heli- video which had been taken by the resi- and failed to reach King Cove with a copters which might be coming into dents of King Cove. It might be dif- helicopter to airlift an 80-year-old this community for a rescue. ficult to see this, but what you are woman who was also suffering chest Again, as you look at the options of looking at here is a steel ladder, a lad- pains. Fortunately, she survived. Two getting in and out of King Cove, your der going up the side of the dock. It is days later, there was another medical airport sits about here. You are about a 20-foot area there. Way down airlift that was delayed 6 hours from rimmed with mountains. You may ei- at the bottom here you see the base of leaving. ther fly in up this way or you may fly a fishing vessel. What they are trying I just received the statistics from the in and out that way. Either way you to do is to haul a sick, elderly gen- Coast Guard for last year. How many cut it, you are moving through very tleman up this metal ladder in the rescue missions did the Coast Guard high mountainous terrain with winds rain, sleet, and snow that is coming. take on to go into King Cove to help on all sides coming from above, clouds You have a boat that is pitching and those who needed help—not because coming from below. It is as tricky and heaving here, with somebody up at the the medevacs didn’t want to go help or as difficult a navigational issue as top of the dock ready to pick up this because it was going to be too costly— about anywhere in the State. individual underneath their arms and because the medevacs refused to go in Going back to where King Cove sits haul them up onto the dock. This is because they will not take those risks. in the ocean here, weather comes in off not a condition you want if you are What do we do? We call on our fabu- the Bering Sea up here and there is feeling at all poorly. The fishing vessel lous Coast Guard to come in and do the weather that comes up from the Gulf of isn’t helping, so maybe we could do job. It was five times last year. It is Alaska here. It all kind of comes to- something else. Congress back in 2005 scary work. The Coast Guard does it, gether right around the Aleutians. The said maybe we could put a hovercraft and fortunately nobody was killed last Aleutians are known to be one of the there so it can fly the waters between year. How many people need to be areas, at least in this country, of—ex- this point here and Cold Bay over here, killed when you have an option for a cuse the expression, but we call it snot- because there is a road that can take road to get you to the second longest ty weather. It is foul weather too many you right along here and take you runway in the State of Alaska? times of the year, not just in the win- across to the water. Let me share with others what it is ter. The problem was not only the seas we actually did to address this prob- We saw last month the incident with wouldn’t accommodate, but also the lem. We said this is not acceptable. Shell’s vessel trying to move from Un- operational costs were through the Five years ago this Congress approved alaska across the Gulf of Alaska during roof. It made no sense, and the people a land exchange. In that exchange the January and encountering seas of up to in King Cove and Cold Bay had ac- Aleut people and the State of Alaska 40 feet. This is the weather we deal knowledged it was not going to make agreed to give up 56,400 acres of prized with in Alaska. There are difficult any sense. They tried it, they were waterfowl habitat. They said, okay, we seas, and there are difficult flying situ- game, but it hasn’t worked. are going to give up 56,000 acres here to ations. Yet there are people who call What happened was action needed to add to the Alaska peninsula and King Cove home and have for thou- be taken because we were seeing too Izembek National Wildlife Refuge. We sands of years. many people whose lives were at risk. are going to trade this and, in return, You might ask why I am spending so We were seeing too many people who the government will give back about much time talking about the weather. were killed trying to get out in an ef- 1,800 acres. It sets the stage for this action the De- fort to seek the medical help they Do the quick math on this. This is a partment of Interior has taken and needed. 300-to-1 exchange the people agreed to,

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S495 and it is even less when we isolate it. is not as if this is without any kind of We have offered a pretty sweet deal— We are talking about 206 acres that are access that is in place. a 300-to-1 exchange—in exchange for at issue—206 acres to allow for con- If we look at this next picture, this is the safety of the people who live there. struction of a one-lane gravel road that an example of what we are talking Anyone who thinks we can’t build a will have no commercial use. This is to about with this proposed road. It is out one-lane gravel road that will allow for be used for emergency access. If some- in the middle of some pretty amazing, a coexistence between the waterfowl one needs to get out of King Cove be- sweeping landscape, as we can see. But that migrate through there and the cause they have some kind of a condi- the road is pretty much a one-lane people who live there, they have an- tion, all they would need to do is drive gravel road. There is not going to be other thing to be thinking about. We 20 miles—20 miles. Think about that. any stuff such as street lights. There will not have a practical impact on the We drive 20 miles to get from here to are not going to be any dividers, merid- waterfowl in the refuge. While the land wherever. We drive all the time and we ians, sidewalks. There will not be any exchange involves 206 acres, far less is don’t think about it. We are talking overpasses. This is pretty much what actually going to be impacted by the about 20 miles to save people’s lives. we are talking about here. construction. It is far less than 1 per- But it is even better than that. Be- This next chart shows the existing cent of the refuge. Again, the Federal cause when we are talking about what trails that are currently within the ref- Government is getting 300 times more we are putting through a refuge, it is uge area. Again, it is pretty much a land. about a 10-mile road. I hate to even de- small, narrow, one-track road. It is not It is just inconceivable to me we scribe it as a road. It is a one-lane like we are going to be able to pass one would not be able to have a resolution gravel area through this lagoon we are another moving through the area. that works for both sides. For the Sec- talking about and not for commercial The last picture I wish to show is a retary to move forward with a designa- use. We have agreed to this. In ex- view of what the area looks like. It is tion that says no road—no road—it is change for this 10-mile road, we said: amazingly flat. It is surrounded by a just stunning to me. Some might say it We are going to give the Federal Gov- lagoon area. It is beautiful, absolutely. is because it is going to cost us money. ernment 56,400 acres to add to a wilder- But these are roads that are currently There is no cost to the Federal Govern- ness area. What a deal—what a deal. in existence in the area now. So what ment. The State of Alaska is going to I hope you can see this, Mr. Presi- we are talking about doing is adding— be building this. dent, because it is important to under- adding—about a 10-mile strip that Too many people have died for there stand what we are talking about. This would allow us to connect the roads to be any legitimate excuse for further area in the black is what would be sub- that exist in Cold Bay to connect to a delay, and I challenge those officials ject to the exchange. This is what is community that needs to have an within the Department of the Interior going into the wilderness area. All this, emergency way out that is safe. They to come and visit King Cove and don’t plus other acreage that is not shown on need to be able to connect to those who necessarily come during the good this map, in exchange for these red cor- are on the other side of this lagoon, weather—although the people of King ridors here—about 206 acres. and the way to do it is this simple Cove would tell us they are not en- So back in 2009 we figured in the Sen- road. tirely sure when the good weather is— ate and over in the House it was impor- I have mentioned the concern about but come and see them. Come and see tant to address the safety needs of the the waterfowl, and this is why the Sec- what we are talking about. I have been people of King Cove, and if we could do retary of the Interior called me and he there. To Deputy Secretary Hayes’ that by allowing for 10 miles, 11 miles said: I listened to the biologists, and credit, he, too, has been there, and I of new road through the Izembek Ref- the biologists tell me the best way to appreciate that. I appreciate that oth- uge, we could solve a lot of problems. respect this refuge is to not allow any ers have tried and perhaps have not Again, I reiterate, this road is specifi- road, to not allow any road so we can met with success because the weather cally not allowed to be used for eco- respect the refuge. He listened to the didn’t allow them in because we nomic development. In the omnibus biologists, but the Secretary of the In- weren’t about to take a risk with bill we passed the language is specific: terior did not listen to the people of them. But at a minimum, the Sec- ‘‘Primarily for health and safety pur- Alaska. He did not listen to the people retary of the Interior needs to be there. poses and only for noncommercial pur- of King Cove. He did not even accept a He needs to meet with people—real poses.’’ meeting with them the numerous times people, such as Carl Smith, a King There were some who were so con- they have asked to meet with him. Cove elder, an Aleut warrior. He was cerned we were going to see a volume They have flown across country to recognized as one of the amazing vet- of traffic going back and forth between make their case. But he listened to the erans. He is an Eskimo Scout with the this community of 748 people and the biologists because he wants to respect Territorial Guard. Look these people in 110 people over here and that somehow the refuge, and, instead, the lives of the eye and tell them their lives are there was going to be this wild traffic these people are not being respected. not worth as much as the lives of the going back and forth that was going to If this is the attitude of this Depart- birds, the black brants, that inhabit disturb the migratory waterfowl, the ment of Interior—that we are going to the area. birds that come through here, the ani- respect the animals and we are going It is not too late. While this decision mals in this refuge area. I think it is to respect the birds, but we are not of the Department of the Interior has important to recognize this is not an going to respect the people who live been made, the Secretary—or if Sec- area that has never been tracked by there—then this is the wrong way to be retary Salazar is no longer there, his man; that has never seen a presence. going. This is the wrong way to be designee—has a legal obligation under Again, I will remind my colleagues, going, and I will not stand for it. this 2009 act to base a decision on the this was an Air Force base in World I want to make sure we have refuge road on what is deemed the ‘‘public in- War II. This is the second largest run- areas. I want to make sure we have wil- terest.’’ Right now it seems to me the way in the State. This is an area that derness areas. In this exchange we Department of the Interior has deemed has seen traffic through vehicles, adopted 5 years ago, we allowed for the public is made up solely of birds ATVs, over the years because of the that. We are putting in place wilder- and sea otters. My public—my public— war. ness area—the first new wilderness is the real human beings who live in In this chart, we can see the red area designated by Congress in a gen- King Cove. tracks here. These are all the areas eration, with 45,456 acres of prime wa- So we need to make sure a decision is where all-terrain vehicle use is cur- terfowl habitat added to wilderness in not based on an incomplete and mis- rently in play, and this has been in Alaska. But you know what, that is leading EIS that concludes, with lives play since 2005 to 2008. Then the areas gone. Those lands will not remain in at stake, no action is somehow accept- that are kind of red dotted are the pre- wilderness designation unless this road able. I repeat: No action is absolutely dicted ATV vehicle travel corridor. We is permitted because the exchange is not acceptable. can see this is all within the Izembek then going to be nullified if that road I am going to end my comments by Refuge area, the wilderness area. So it is not going to be built. letting you know what has happened in

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S496 CONGRESSIONAL RECORD — SENATE February 7, 2013 some other refuges. It was just a few Bay from Izembek Lagoon. Total road acre- park. But molting season ended before that years ago, we will all remember, when age: 206. many could be taken, he said. we were transfixed by what was called It was a generous offer from the state and Bannerman told Metro there will be no more further cullings planned for this sum- ‘‘the miracle on the Hudson.’’ There corporation. Yet the U.S. Fish and Wildlife Service could not accept the road. mer. was a commercial jetliner that hit a Roads and trails have provided decades of But today’s surprise killing shocked and flock of Canadian geese, lost power, access from Cold Bay to other parts of la- outraged many New Yorkers. and landed in the Hudson River. goon area for hunters and birdwatchers. ‘‘I was sick to my stomach,’’ said Through the amazing skills of that However, the agency believes a new road Brooklynite David Karopkin when he heard pilot, nobody was harmed. But what connected to the much larger community of of the killings yesterday. Karopkin, 27, runs was the result of that? King Cove would greatly increase traffic by GooseWatch NYC, which seeks to monitor The PRESIDING OFFICER. The Sen- off-road vehicles. The agency admits this is and record the controversial cullings of geese in the metro area. ‘‘New Yorkers have ator’s time has expired. just an educated guess, though. ‘‘It is impos- sible to quantify the amount of human use been kept in the dark about what’s going on. Ms. MURKOWSKI. Mr. President, I (i.e., hunting, fishing, etc.) or illegal off-road These operations are done with no trans- ask unanimous consent to proceed for 1 vehicle use that would occur adjacent to the parency, no public approval—for the most additional minute. road if it is built,’’ it said in response to pub- part we’re told after the fact.’’ The PRESIDING OFFICER. Without lic comments that raised the issue. ‘‘The ‘‘It’s really a disgrace and a shock that objection, it is so ordered. analysis presented in the EIS was based on New York City’s only wildlife and bird sanc- Ms. MURKOWSKI. What actually previous experience of the authors and re- tuary has been opened up to a wildlife happened a couple years after that in- viewed by staff familiar with the area and slaughter for no good reason,’’ Edita Birnkrant, the New York director of Friends cident was that USDA’s Wildlife Serv- other areas in rural Alaska.’’ Other educated guessers could point to of Animals, said. ‘‘I’m in utter disbelief at ice agents went into the Jamaica Bay areas set aside in Alaska, near far larger the stupidity of some of the people in office.’’ Wildlife Refuge, rounded up and killed communities, where wildlife thrives and off- Gillibrand has been pushing for more than 751 Canadian geese. The plan was to road trespassers are kept to a minimum. three years to allow agents into the Jamaica kill 1,0000, but they couldn’t catch The agency discounted the value of the Preserve, a 9,000-acre estuary and bird sanc- them fast enough. state and Native corporation land it would tuary that surrounds JFK’s runways. The Essentially, we see it is OK to kill receive in the exchange. It said those lands birds are a hazard to planes taking off from birds in New York refuges, but we can’t weren’t such critical wildlife habitat as the JFK and LaGuardia airports, she and others argue. inconvenience the birds in Alaska. isthmus, which is a fair statement. It also said no one was likely to do any development Just this past April, a Delta jet hit geese Maybe geese are less exotic than black soon on the state and Native lands, which when it took off from JFK. The cabin filled brants or maybe it is because Members also is fair. with smoke, but the plane made a safe emer- of this body and their families and Nevertheless, the mere size of the offer, the gency landing. friends fly through La Guardia and potential benefits to King Cove and the un- Gillibrand specifically wanted the geese they worry about that. Well, I worry certainty about the real impacts of off-road culled before the end of their June and July about the lives of Alaskans. I worry vehicles should tip the balance in favor of molting phase, when the adult birds and gos- the exchange. lings cannot fly and can be easily rounded about the people of King Cove, and I up. am not going to rest on this. The deci- Secretary of the Interior Ken Salazar, who must issue a record of decision on the swap GEESE-PLANE STRIKES sion that came out of the Department within 30 days, appears already to have ac- The USDA first started removing geese of the Interior was a travesty. It will cepted the service’s assessment of the swap. from the NYC area in July of 2004. In the five not be allowed to stand, and I will do ‘‘After extensive dialogue and exhaustive years before that, there were nine bird everything I can to ensure it does not. scientific evaluation,’’ he said in a news re- strikes on planes at LaGuardia, said Carol I ask unanimous consent to have lease, ‘‘the agency has identified a preferred Bannerman. printed in the RECORD the editorial path forward that will ensure this extraor- In the five years after 2004, to July of 2009, from the Fairbanks Daily News-Miner dinary refuge and its wilderness are con- there have been three bird strikes. that also opposes the decision of the served and protected for future generations.’’ The most famous of which is when geese Unfortunately, that preferred path ex- brought down the ‘‘Miracle on the Hudson’’ Department of the Interior, as well as cludes King Cove’s preferred path. flight in January of 2009. the press accounts I have referred to of But according to Karopkin, the geese that the New York geese story. FEDERAL AGENTS KILL 750 GEESE FROM JA- brought down that flight were migrating The PRESIDING OFFICER. Without MAICA BAY WILDLIFE REFUGE NEAR JFK from Canada, and did not nest in the metro objection, it is so ordered. AIRPORT area. There being no objection, the mate- (By Carly Baldwin and Daniela Bernal) ‘‘So even if you killed every animal in New York City you would not have prevented rial was ordered to be printed in the NEW YORK.—They’re back. that crash,’’ he said. RECORD, as follows: Agents with the U.S. Department of Agri- culture removed more than 700 Canada geese A HISTORY OF CULLINGS [From the Fairbanks Daily News-Miner] from Jamaica Bay Wildlife Refuge Monday Number of geese removed from around the PREFERRED PATHS: AGENCY RECOMMENDS morning, at the prodding of U.S. Senator city: AGAINST KING COVE ROAD Kirsten Gillibrand. 2009 1,276 geese removed and killed Almost four years ago, the federal adminis- In the hours between 7 a.m. and noon, 711 2010 1,676 geese removed and killed tration signed off on a national wilderness of the birds, including possibly goslings, 2011 575 geese removed and killed act with a provision offering a small, wind- were rounded up and put into crates, said 2012 751 killed so far this year plagued village on the Alaska Peninsula the Carol Bannerman, with the Animal and Source: USDA. possibility of future road access to a safer Plant Health Inspection Service, a division Ms. MURKOWSKI. With that, I yield airport. This week, the Obama administra- within the USDA. the floor. tion appears poised to snatch that provision They were then drive to a meat processing Mrs. HAGAN. Mr. President, I ask back. It should not do so. plant in upstate New York, where the geese unanimous consent that the time until The U.S. Fish and Wildlife Service said will be killed and their meat will be given to 2 p.m. be equally divided and con- Tuesday that the federal government should food banks upstate, Bannerman told Metro. not proceed with a land swap that would In the past carbon dioxide has been used to trolled between the two leaders or allow construction of a road through the gas the geese to death. their designees; that following the Izembek National Wildlife Refuge. That road The more than 700 geese rounded up today swearing in of our new Senator I be would allow the community of King Cove ac- comes after USDA agents removed 40 geese recognized; and that following my re- cess to a 10,000-foot airfield and cross-wind from a landfill near John F. Kennedy airport marks Senator FRANKEN be recognized. strip at Cold Bay. two weeks ago, said Bannerman. In total, 751 The PRESIDING OFFICER (Mr. The environmental impact statement was geese have been removed from area around MERKLEY). Is there objection? required by the legislation authorizing the JFK in the past two weeks. Without objection, it is so ordered. land swap, the Omnibus Public Land Man- That leaves only about 750 Canada geese Mrs. HAGAN. Mr. President, I sug- agement Act of 2009. That legislation pro- remaining in the federally protected pre- posed that about 56,000 acres now owned by serve. Before the round-up, there were 1,500 gest the absence of a quorum. the state and the King Cove Native corpora- geese in the park, said Gateway National The PRESIDING OFFICER. The tion would become official federal wilderness Recreation area spokesman John Warren. clerk will call the roll. in exchange for rights to build a one-lane According to Warren, the feds originally The assistant legislative clerk pro- road through an isthmus separating Cold called for killing up to 1,000 geese in the ceeded to call the roll.

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S497 Mr. REID. Mr. President, I ask unan- This critical legislation has been dits of untested DNA evidence and re- imous consent that the order for the held up for far too long, and it is past duces this backlog of rape kits. quorum call be rescinded. time for reauthorization. We have a se- Before my efforts in the State senate, The VICE PRESIDENT. Without ob- rious responsibility to ensure that what used to happen in North Carolina, jection, it is so ordered. women and families are protected. and continues to happen today in many f The rates of violence and abuse in States, is that a woman would be our country are astounding and totally CERTIFICATE OF APPOINTMENT raped, she would go to the hospital, unacceptable. According to a 2010 CDC DNA would be collected and then The VICE PRESIDENT. The Chair study, domestic violence affects more placed in a box. Then that box would lays before the 12:03 Senate a Certifi- than 12 million people each year. go and sit on a shelf in a police depart- cate of Appointment to fill the vacancy Across the United States 151⁄2 million ment or in a sheriff’s department to- created by the resignation of Senator children live in homes in which domes- tally unanalyzed unless the woman John Kerry of Massachusetts. The cer- tic violence has occurred. In my home could identify who attacked her. tificate, the Chair is advised, is in the State of North Carolina alone, 73 I ask you: What other victims in form suggested by the Senate. If there women and children are killed on aver- America have to identify the attacker is no objection, the reading of the Cer- age every year because of domestic vio- before authorities will take action? tificate will be waived and it will be lence. None. printed in full in the RECORD. Let me say that number one more When I first brought this issue to the (Applause) time. Seventy-three women and chil- forefront, I was told there was not There being no objection, the mate- dren are killed every year due to do- enough money for all of these rape kits rial was ordered to be printed in the mestic violence. These are alarming to be tested. We found that funding in RECORD, as follows: statistics, and we must act now to ad- North Carolina. Now with the help of THE COMMONWEALTH OF MASSACHUSETTS dress them. the SAFER Act, our law enforcement CERTIFICATE OF APPOINTMENT Since 1994, VAWA programs, and in agencies will have the ability to track To the President of the Senate of the United particular the STOP Program that pro- and prioritize their untested DNA evi- States: vides grants for services, training, offi- dence to ensure that victims can find This is to certify that, pursuant to the cers, and prosecutors, have made tre- power vested in me by the Constitution of their perpetrators and hold them ac- mendous progress in helping victims of countable, and we can remove violent the United States and the laws of the Com- domestic violence and sexual assault monwealth of Massachusetts, I, Deval L. criminals from the streets. Patrick, the Governor of said Common- and have transformed our criminal jus- Unfortunately, until Congress acts to wealth, do hereby appoint William ‘‘Mo’’ tice system and victim support serv- reauthorize the Violence Against Cowan a Senator from said State to rep- ices. Women Act, the well-being of women These grants have assisted law en- resent said State in the Senate of the United across the country hangs in the bal- States until the vacancy therein caused by forcement and prosecutors in tracking ance. This bill has never been a par- the resignation of John F. Kerry, is filled by down perpetrators and bringing them tisan football, and there is no reason it election as provided by law. to justice. They have also saved count- should be today. I hope we will pass Witness: His excellency our governor Deval less lives and provided needed services L. Patrick, and our seal hereto affixed at this bill swiftly and without further Boston, Massachusetts this First day of Feb- to victims of these violent acts. In one instance in my State a man disputes. We must ensure this bill’s ruary, in the year of our Lord 2013. passage for victims of domestic vio- By the governor. was on pretrial release after being charged with stalking his wife. Thanks lence, dating violence, sexual assault, DEVAL L. PATRICK, and stalking not only in North Caro- Governor. to this STOP grant funding, he was lina but around the country. WILLIAM FRANCIS GALVIN, being monitored electronically, and he Secretary of Common- was caught violating the conditions of Finally, I do want to thank the North wealth. his release when he went to his es- Carolina Coalition Against Sexual As- (State Seal Affixed.) tranged wife’s home. The supervising sault, the North Carolina Coalition f officer was immediately notified of this Against Domestic Violence, and North ADMINISTRATION OF OATH OF violation, and police officers found the Carolina’s State and local law enforce- OFFICE man with the help of a GPS and ar- ment agencies that have truly been rested him in his estranged wife’s leaders in combating this problem. I The VICE PRESIDENT. If the Sen- applaud them for all the work they ator-designee will now present himself driveway. Because of this VAWA pro- gram, we had one less victim in my have done to reduce and address the in- at the desk, the Chair will administer cidents of domestic violence and sexual the oath of office. State. This is just one example of how VAWA is protecting women and saving assault, and I am grateful for the work The Senator-designee, escorted by they do every day on the front lines of Mr. Kerry and Ms. WARREN, advanced lives. Title V of this bill includes legisla- this issue. to the desk of the Vice President, the So I am asking my colleagues to join oath prescribed by law was adminis- tion that I sponsored in the last Con- gress, the Violence Against Women me in moving the Violence Against tered to him by the Vice President, and Women Reauthorization Act through he subscribed to the oath in the Offi- Health Initiative Act, which updates and improves the health care system’s the Senate swiftly and without further cial Oath Book. delay. Millions of victims across the The VICE PRESIDENT. Congratula- response to domestic violence and sex- country are waiting for us to enact this tions, Senator, and welcome. ual assault. My provision is simple: It lifesaving legislation, and we simply (Applause, Senators rising.) provides training and education to help Mrs. HAGAN. I do wish to congratu- the health care professionals respond cannot wait any longer. late the North Carolina native on his to violence and abuse. By equipping Mr. President, I yield the floor. new role as a U.S. Senator from Massa- doctors and nurses to recognize the The PRESIDING OFFICER. The Sen- chusetts. signs of domestic abuse and make sure ator from Minnesota. Mr. FRANKEN. Mr. President, last f they have the training to respond, we can better care for our survivors and spring, just before the Senate passed VIOLENCE AGAINST WOMEN REAU- prevent future crimes. It also consoli- the Violence Against Women Reauthor- THORIZATION ACT OF 2013—Con- dates existing programs to streamline ization Act, I came to the floor to tinued and strengthen the health care sys- share some words from my late dear Mrs. HAGAN. Mr. President, I am tem’s response to violent crimes. friend Sheila Wellstone whose commit- proud to join my colleagues today in Since my time in the North Carolina ment to ending domestic violence is an support of the Violence Against Women State Senate, I have been dedicated to everlasting source of inspiration to my Reauthorization Act of 2013. I do so not reducing the backlog of unanalyzed wife Franni and to me. just as a Senator but also as the moth- rape kits. This bill includes the bipar- I shared with my colleagues some- er of two daughters. tisan SAFER Act, which helps fund au- thing Sheila said, which was this:

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S498 CONGRESSIONAL RECORD — SENATE February 7, 2013 I have chosen to focus on domestic vio- homeless at some point in their lives. AMERICAN MEDICAL ASSOCIATION, lence because I find it appalling that a wom- Once a woman becomes homeless, she Chicago, IL, February 5, 2013. an’s home can be the most dangerous, the becomes even more vulnerable to phys- Hon. PATRICK LEAHY, most violent, and, in fact, the most deadly ical or sexual abuse. In my State, near- Chairman, Senate Judiciary Committee, Dirksen place for her. And if she is a mother, it is Senate Office Building, Washington, DC. dangerous for her children. . . . It’s time ly one in three homeless women is flee- Hon. MIKE CRAPO, that we tell the secret; it’s time that we all ing domestic violence, and half of those U.S. Senate, Dirksen Senate Office Building, come together to work toward ending the vi- women have children with them. That Washington, DC. olence. is unacceptable. DEAR SENATORS LEAHY AND CRAPO: On be- Sheila’s words rang true in her time, Franni and I have visited battered half of the physician and medical student but they have perhaps never rung more women’s shelters, and I have to tell members of the American Medical Associa- tion (AMA), I am writing to express our sup- true than they do today. It is time that you it is heartbreaking. They are port for S. 47, the ‘‘Violence Against Women we all come together to work toward crowded. They are full. And a lot of Reauthorization Act of 2013. ’’ This bill, ending the violence. mothers are there with their kids. On a which reauthorizes the landmark Violence We passed the VAWA Reauthoriza- bitter-cold Minnesota night, these Against Women Act (VAWA), would tion Act in the Senate last April, but women often have nowhere to go. Tran- strengthen and improve existing programs the House did not let it go to the Presi- sitional housing is really important. If that assist victims and survivors of domestic dent for signature and enactment, so violence, dating violence, sexual assault, and a woman has a choice between going stalking. we are back here today voting on the out in the cold winter night in Min- While violence against adult women has bill again because those of us who be- nesota or maybe going back to her decreased 60 percent since VAWA was first lieve in VAWA will continue to fight abuser and exposing children to that, passed in 1994, it remains a critical problem for the bill’s passage until it is signed that is wrong. This can be heart- in our country and much more work remains into law. I encourage my colleagues, breaking. to be done. According to the Centers for Dis- ease Control and Prevention’s National Inti- both in the Senate and in the House, to But there is something heartwarming come together to work toward ending mate Partner and Sexual Violence Survey too about seeing people come to each released in December 2011, one in five women the violence, to support this bill. other’s aid in their time of need. That in the United States has been raped in her The bill’s managers, Judiciary Com- is what the people who run the shelters lifetime and one in four women has been the mittee chairman PAT LEAHY and Sen- do every day—the staff of Advocates victim of severe physical violence by a part- ator MIKE CRAPO, have demonstrated for Family Peace in Itasca County, the ner. Domestic and sexual violence is a health remarkable resolve and leadership. We care problem and one of the most significant Minnesota Coalition for Battered all are grateful for that. I also thank social determinants of health for women and Women, the Casa de Esperanza, and the them for inviting me to author two girls. many other advocacy groups across my We are pleased that S. 47 would address parts of the VAWA reauthorization State. Talk to these folks about some of the critical gaps in delivery of bill, which I would like to describe VAWA, and they will tell you what it health care to victims by strengthening the briefly. means for women in Minnesota. It health care system’s identification and as- First, the VAWA Reauthorization sessment of, and response to, victims. We means nights spent under a roof in- Act includes provisions from the Jus- also appreciate and support language in Title stead of in a tent or in a car or on a tice for Survivors of Sexual Assault V of the bill on the development and testing street or, even worse, having to go Act. We just heard Senator HAGAN talk of quality improvement measures for identi- back to live with their abuser and ex- fying, intervening, and documenting victims about an aspect of that. This is one of posing their children to that danger, to of domestic violence that recognizes and the first bills I introduced after being witnessing that violence. We need aligns with the important work underway by sworn in to the Senate. When this bill these shelters and transitional housing the AMA, the National Quality Forum, and becomes law, never again will survivors programs for women who are fleeing other stakeholders in the quality improve- of sexual assault suffer the indignity of ment arena. danger. The VAWA reauthorization bill paying for the forensic medical exam, We commend you for your long-standing provides continued support for these the rape kit. VAWA provides State and support for victims of violence and abuse and programs. for your leadership in introducing the Vio- local governments with funding to ad- lence Against Women Reauthorization Act of minister these exams, which are used My housing rights legislation pro- vides additional support. It is a preven- 2013. We urge swift passage of your bill in the to collect evidence in sexual assault Senate and look forward to working with cases. The problem is that under cur- tive measure that is intended to keep you to ensure enactment of this important rent law, grant recipients can charge women from becoming homeless in the legislation this year. the survivor—the victim—for the up- first place. My bill will make it unlaw- Sincerely, front cost of administering the exam, ful to evict a woman from federally JAMES L. MADARA, MD. leaving her to seek reimbursement subsidized housing just because she is a victim of domestic violence, dating vi- AMERICAN PSYCHOLOGICAL ASSOCIATION, later. Too often survivors get lost in a Washington, DC, February 4, 2013. maze of paperwork and they are not re- olence, sexual assault, or stalking. A woman may be living away from her Hon. PATRICK LEAHY, imbursed. Under my bill, grant recipi- Chairman, Senate Judiciary Committee, ents will be able to charge insurance abuser in Federal housing and the Washington, DC. companies or victims’ assistance funds abuser comes and knocks down the Hon. MIKE CRAPO, or other sources, but they cannot door and the landlord will say: Let’s Senator, charge the survivor. I believe survivors evict her. Under my bill, that cannot Washington, DC. happen in Federally subsidized hous- DEAR CHAIRMAN LEAHY AND SENATOR of sexual violence have endured enough CRAPO: On behalf of the 137,000 members and already. They should not have to pay ing. This bill is for every woman who has hesitated to call the police to en- affiliates of the American Psychological As- for rape kits, and they will not have to sociation (APA), I am writing to thank you once this bill is passed and signed by force a protective order because she is for your invaluable leadership in introducing the President and becomes law. afraid she will be evicted from her the Violence Against Women Reauthoriza- Second, the VAWA reauthorization home if she does so. tion Act of 2013 (S. 47). As the legislative bill includes the Housing Rights for The VAWA Reauthorization Act is a process advances, APA offers its full support Victims of Domestic and Sexual Vio- crucial bill. It is a good bill. It is an of your efforts to ensure a comprehensive important bill, and I encourage my col- and inclusive reauthorization of the Violence lence Act, legislation I introduced with Against Women Act (VAWA). Senator COLLINS and Senator MIKULSKI leagues to support it. As you know, nearly one in four women in in the fall of 2011. This bill will help Mr. President, I ask unanimous con- the United States reports experiencing do- women stay in their homes when they sent to have printed in the RECORD mestic violence at some point in her life, and are the most vulnerable, when they these letters from professional medical 15 million children live in families in which need a roof over their heads the most. organizations in support of S. 47, the intimate partner violence has occurred with- Violence Against Women Act. in the past year. Domestic violence can re- The link between violence and home- sult in significant mental and behavioral lessness is undeniable. By one account, There being no objection, the mate- health consequences including depression, nearly 40 percent of women who experi- rial was ordered to be printed in the anxiety, post-traumatic stress disorder, rela- ence domestic violence will become RECORD, as follows: tionship problems, diminished self-esteem,

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S499 social isolation, substance use disorders, and which is a sample of DNA that could gle provision that would take away suicidal behavior. VAWA programs can help then be used to match up against an fundamental constitutional rights for to mitigate these negative outcomes by pro- FBI database to make an identification certain American citizens. viding a vital link to services and supports And for what? For what? In order to for survivors and their families. of a sexual assailant—right now 400,000 APA applauds your commitment to protect of them, it is estimated; we really satisfy the unconstitutional demands survivors of intimate partner violence with a don’t know the exact number—are sit- of special interests. comprehensive VAWA reauthorization. In ting in evidence lockers and police I remain hopeful that we can eventu- particular, we appreciate the inclusion of es- storage facilities all across the Nation. ally come to a compromise that up- sential public health provisions to reauthor- Each one of these kits has the poten- holds the Constitution, if not here in ize and strengthen the health care system’s tial to solve a crime, to identify a rap- the Senate then in a conference com- identification, assessment, and response to mittee between the House of Rep- violence, as well as provisions to protect vul- ist and deliver justice for a victim. nerable populations, including Native The SAFER Act would help law en- resentatives and the Senate, so we rec- women, immigrants, and LGBT individuals. forcement officials reduce that backlog oncile the differences between the two We welcome the opportunity to work with of untested rape kits and improve pub- bills passed by each House. you to address these important issues. For lic safety. Indeed, it would help us ad- For now I cannot, in good conscience, further information, please contact Nida dress what can only be considered a na- vote for a bill that violates the U.S. Corry, Ph.D., in our Public Interest Govern- tional scandal. It would help bring Constitution. I cannot, in good con- ment Relations Office at (202) 336–5931 or science and in fidelity to my oath of of- [email protected]. peace of mind to rape victims. And it Sincerely, would help get dangerous criminals off fice, vote for a provision that I know is GWENDOLYN PURYEAR KEITA, Ph.D., the street before they commit another unconstitutional. I will, however, vote Executive Director, Public Interest crime. That is why the SAFER Act has for the alternative bill that is offered Directorate. been endorsed by a wide range of vic- by Senator GRASSLEY which eliminates The PRESIDING OFFICER. The Sen- tim advocacy groups, such as the Rape, this unconstitutional provision. It re- ator from Texas. Abuse, and Incest National Network; authorizes the Violence Against Mr. CORNYN. Mr. President, in my the National Alliance to End Sexual Women Act and contains the SAFER previous life, I was attorney general of Violence; the Fraternal Order of Po- Act which addresses this backlog of un- the State of Texas. In that capacity, I lice; and the National Organization for tested rape kits. had the opportunity to work with nu- Women. That is why we are so eager to I yield the floor and suggest the ab- merous victim rights groups, primarily see this legislation become law. sence of a quorum. because part of my responsibility—the But beyond the SAFER Act, the The PRESIDING OFFICER. The office’s responsibility—was to admin- VAWA provides funding for shelters, clerk will call the roll. ister the Crime Victims Compensation counseling programs, and legal services The legislative clerk proceeded to Fund, which took a small portion of that help ensure that our justice sys- call the roll. the fees paid by criminal defendants tem leaves no victim behind. Mr. WHITEHOUSE. Mr. President, I who are convicted of crimes or pled For all these reasons, we can and we ask unanimous consent that the order guilty to crimes and put it into a fund must reauthorize the VAWA. As we for the quorum call be rescinded. that could be used then to help vic- have done on previous occasions, we The PRESIDING OFFICER (Mr. tims. As attorney general of Texas, I should do so with overwhelming bipar- HEINRICH). Without objection, it is so became a supporter of the crime vic- tisan support. We could easily do that. ordered. tims rights community and their inter- Unfortunately, the underlying bill Mr. WHITEHOUSE. Mr. President, I ests as well as the VAWA. also contains a separate provision that ask unanimous consent to speak as in This is really an important point. is blatantly unconstitutional. It would morning business for up to 15 minutes. Since it was first enacted in 1994, the deny U.S. citizens their full constitu- The PRESIDING OFFICER. Without VAWA has been reauthorized on two tional protections under the Bill of objection, it is so ordered. separate occasions, each time by unan- Rights in tribal courts. Needless to Mr. WHITEHOUSE. Thank you, Mr. imous vote of the Senate. Let me say say, this is a big problem, but it is also President. By the way, what a pleasure that again. On the two previous occa- a solvable problem. I have drafted an it is to see the new Senator presiding. sions the Senate has voted to reauthor- amendment that would allow Native CLIMATE CHANGE ize the VAWA, it has been unanimous. American tribes to prosecute U.S. citi- Mr. President, I rise every week on There were no differences between zens for domestic violence as long as this Senate floor to talk about the dan- Democrats and Republicans—we were those tribes followed the Constitution gers of carbon pollution to our atmos- all together in supporting this legisla- and allowed all convictions to be ap- phere and to our oceans. This week I tion. For that reason, I hope Members pealed in the Federal court system. want to preface my remarks by talking of both parties will think long and hard This amendment is a sensible com- about America and her role in the before turning this critical law into promise, and I have discussed it with world. just another vehicle for scoring polit- all of the various organizations that I can use some very well-known ical points or bowing to special inter- are interested in passage of a reauthor- words to make my point. From John ests instead of the public interest. ization of VAWA. We have negotiated Winthrop to Ronald Reagan, we have I am enormously proud and grateful in good faith, but unfortunately that described our great American experi- that this bill contains a version of the good-faith effort to try to find a solu- ment as ‘‘a city on a hill.’’ Indeed, our SAFER Act, which I first introduced tion has run into a brick wall of oppo- hymn ‘‘America the Beautiful’’ sings last year with strong bipartisan sup- sition, and the chairman has decided to about our ‘‘alabaster cities’ gleam.’’ port. I had the privilege of meeting sev- not change the controversial language President Kennedy’s inaugural address eral extraordinary Texas women, in- that would deny certain Americans full said that ‘‘the glow from [our] fire can cluding Carol Bart, Lennah Frost, and protection of the Bill of Rights. What I truly light the world,’’ and a genera- Lavinia Masters, all of whom decided cannot understand is why anyone tion later, President Obama’s first in- to go public with their story in hopes would want to pick a political fight augural noted that our ‘‘ideals still of helping other victims of sexual as- and not find a solution if a solution is light the world.’’ We Americans have sault. It has been a moving experience. at hand and it makes so much sense. described ourselves as a beacon of hope, I am delighted that our bill and our Once again, I passionately support a light in the darkness, our lamp lifted effort via the SAFER Act to address the SAFER Act. I am grateful that pro- up in welcome and in example. the untested rape kit scandal in this vision at long last is included in this Daniel Webster years ago said that country is so close to the finish line. law, which will allow us to address that our Founders ‘‘set the world an exam- Why is this legislation so important? national scandal of hundreds of thou- ple.’’ That was what the founding of Right now there are as many as 400,000 sands of untested rape kits. This is a America meant—our Founders ‘‘set the untested rape kits sitting in police evi- bill which could do so much good in the world an example.’’ President Clinton dence lockers or labs across the Na- battle for victims’ rights, but unfortu- has pointed out that the power of our tion. Each one of those rape kits— nately it is being held hostage by a sin- example, the power of that example in

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S500 CONGRESSIONAL RECORD — SENATE February 7, 2013 the world, has always been greater Parts of Russia have warmed between Wherever you look around the globe, than any example of our power. That 3.5 and 5.5 degrees Fahrenheit just in climate change changes habitats, was the way Bill Clinton described it. the last century, leading to the loss of changes where plants can grow, and And when Daniel Webster said that our permafrost. Russians, like Alaskans— loads the dice for more frequent and Founding Fathers had set before the whom I spoke about before—build more severe extreme weather. Heat world an example, he went on to say homes and roads and infrastructure on waves, droughts, floods, and storms this: the permafrost. When it disappears, create victims and refugees who re- The last hopes of mankind, therefore, rest communities lose the very foundations quire humanitarian relief. The poorest with us; and if it should be proclaimed, that on which they are built. NOAA says nations, those least prepared to weath- our example had become an argument that the Russian heat wave of 2010, er natural disasters, will suffer the against the experiment, the knell of popular which killed tens of thousands of peo- most. Those nations will look to us and liberty would be sounded throughout the to the rest of the developed world for earth. ple, was the most severe since records were first kept back in 1880. And this help. They will not look to us for help I have spoken before about this small type of heat wave is now more and without reason. The United States is globe of ours, the light of dawn sweep- more likely. responsible for one-quarter of all indus- ing each morning across its face, light- Go to the Land Down Under, where trial-age carbon pollution in the world. ing cities and cottages, barrios and vil- warmer and more acidic oceans have Today we no longer emit the most car- lages, and across the globe’s face peo- fueled a widespread coral bleaching in bon dioxide; China has passed us. ple coming forth from homes and hov- the Great Barrier Reef. The Great Bar- But we have emitted the most over els into that morning Sun, each know- rier Reef is a natural wonder. It is one time. Nations all over the world have ing, from our American example, that of the great wonders of the world. Eco- implemented carbon reduction plans. life does not have to be the way it is nomically, it is the basis of a $4 billion Some have implemented carbon pric- for them, knowing that an example of tourism industry in Australia, and it is ing. Many invest far more than we do liberty and self-government stands free in renewable energy. The United States before them, that America stands as an dying before our eyes. Scientists say that climate change heightens the dev- is falling behind rather than leading. alternative and a rebuke to the tyr- Even China, today’s biggest polluter, anny, to the corruption, or to the in- astation from other natural disasters in Australia, such as the 2009 bushfires recently committed to reduce the justice in which they may be enmired. amount of carbon it emits relative to So like many of my colleagues, I be- that claimed 173 lives, the 2011 flooding that killed dozens, and the wildfires its economic output. lieve America has a special destiny in In 2009, China passed the United the world. America’s special destiny that have already damaged hundreds of homes and displaced thousands of Aus- States of America in renewable energy does not come easy, and it does not investment. Looking at all that, it is come alone. America’s special destiny tralians this year. Europe is getting hotter, with in- hard to imagine that those who will confers upon us a special duty. What is suffer, those who will be displaced, that duty? That duty is to live up to creased risk of summertime droughts in Central Europe and in the Medi- those who will lose their ancient liveli- our own example, to see to it that our hoods all around the world will look lamp gleams brightly, to be the prom- terranean. Tree lines creep higher in European mountain ranges. Glaciers in benevolently upon our Nation. ise that each dawn America offers this It is hard to believe they will not re- Central Europe shrink. Alpine ski small globe. sent that they are forced to bear those areas have been forced to adapt to So let’s look at climate change in burdens at the price of our carbon higher temperatures and less snow. that light. What if our carbon pollution economy. One can readily imagine ex- South America has been warming, is, in fact, changing the planet? What tremists who wish to rally dis- and glaciers in the Andes are retreat- if, in fact, we know this, we know this enchanted people against us, even to ing at an increasing rate. I have a sym- to any reasonable degree of responsible violence against us, finding fertile op- bol of that retreat in my office. Lonnie certainty? And what if, knowing this, portunity where that resentment fes- Thompson of Ohio State University we do nothing? And what if the reason ters. we do nothing is the influence of spe- and Clark Weaver of NASA loaned me Will it not be, as Daniel Webster said, cial interests who profit from that very this artifact. It is a piece of a plant ‘‘an argument against [our] experi- pollution or the groundless ideology of that has been preserved under the ment?’’ Will it not be an argument a fringe? What sort of example is that Quelccaya Ice Cap in Peru for at least against our experiment that our de- for America to set? How does that meet 5,200 years—more than 3,000 years be- mocracy, our great American democ- our special duty? How does that ad- fore Jesus Christ walked the Earth. racy, seized in the grip of polluting spe- vance our special destiny? This plant was overcovered by glacier cial interests or fringe political ide- Look at what other continents and and has stayed that way ever since. ology, was unable to respond to the nations will experience, particularly Now, thanks to glacial retreat, that facts around us to protect ourselves those that have not enjoyed the eco- piece of plant, which was preserved by and our world? nomic development we achieved the weight and cold of the glacier, is in Will there not be ready ears easy to through our carbon economy. my office. fill with that argument against our ex- I will start in Africa, where tempera- Closer to home, in Canada, a tropical periment, among those who have been tures are expected to increase faster fungus that causes lung disease and uprooted from traditional homes and than the rest of the world. Rainfall meningitis has been discovered. Sci- livelihoods or among those whose patterns are also expected to change, entists think the deadly yeast likely homes and livelihoods have been dis- decreasing in some areas, increasing in came to Vancouver Island in ballast turbed by climate refugees? others. Floods, droughts, and new crop water from ships, but now—now—it can Destiny means duty. Destiny means diseases linked to changes in tempera- survive there because of higher tem- duty, and we are failing in that duty. It ture and rainfall will hurt African peratures. is time for us to awake in this moment farmers in a continent where subsist- In the Arctic, we are losing sea ice, to that duty. We can expect in the long ence farming is still so important to so permafrost, glaciers, and ice sheets. and blessed future of this country to many individuals’ way of life. Research Arctic sea ice is shrinking at about 5 have to face unpleasant facts, facts shows that production of crops, such as percent per decade. With that shrink- more unpleasant than the facts of car- maize—a core staple in Africa—will de- age, there is less ice to reflect sunlight bon pollution and climate change and crease by 30 percent over the next 20 back into space. More heat is captured, ocean acidification. years due to climate change. More fre- and the warming accelerates. At this We have done this before. With God’s quent and severe extreme weather will rate, Arctic summers will be ice free help, we will do it again. But if we can- have dire consequences there. We saw, within decades. For the United States, not bring ourselves to our senses now, just a few weeks ago, the worst flood in that means new Arctic waterways to in this moment, in our day and hour to a decade, killing at least 38 people in defend, an expanded theater of oper- wake and face these facts, what a ter- Mozambique and leaving 150,000 home- ations in the Arctic, and increased rible admission that is by this genera- less. competition for Arctic resources. tion of Americans.

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S501 Stand we a chance of being looked Ms. KLOBUCHAR. Mr. President, I to handle cases on tribal lands. This back at as a greatest generation if we spoke earlier today about the impor- has not stemmed the plague of violence fail to address this greatest issue fac- tance of passing the Violence Against against Indian women. That is what ing our planet? Lord Acton noted ‘‘the Women Act, how this has been a long- you do with the reauthorizations. That undying penalty which history has the time bipartisan bill back to 1994 when is why you don’t have bills go on for- power to inflict on wrong.’’ Truly, that the late Senator Paul Wellstone was ever and forever into eternity. You penalty will be inflicted on us, on our involved in this bill, as well as Vice have reauthorizations to try to address generation, if we do not awaken to President BIDEN. People came together some issues which can make things these plain facts and to our plain duty. and said we have to do something better. I see the distinguished chairman of about domestic violence. This is no Here we have addressed one. While the Judiciary Committee is nearby and longer a hidden crime behind closed the Violence Against Women Act has may well seek the floor with respect to doors. helped so much with so many victims the Violence Against Women Act. Do you know what we have seen since of domestic violence in this country, I yield the floor and I suggest the ab- then? We have seen a 50-percent reduc- we still see incredibly tragic numbers sence of a quorum. tion—a 50-percent reduction—in domes- when it comes to domestic violence The PRESIDING OFFICER. The tic violence in this country. This is a against American Indian women. That clerk will call the roll. victory. We do not want to go back- is why we have made these changes. It The assistant legislative clerk pro- ward. Unfortunately, the bill that has allowed us the reauthorization to ad- ceeded to call the roll. been submitted by Senator GRASSLEY, just. Mr. LEAHY. Mr. President, I ask the substitute amendment, I believe While the Grassley proposal allows a unanimous consent that the order for would take us backward. Let me ex- tribe to petition a Federal court for a the quorum call be rescinded. plain why. protective order to exclude individuals The PRESIDING OFFICER. Without First of all, we know the VAWA reau- from tribal land, this does not begin to objection, it is so ordered. thorization bill was months of negotia- address the problem of non-Indian per- Mr. LEAHY. Mr. President, I thank tion between the two lead authors, petrators who are not arrested, pros- Senators MURRAY, SHAHEEN, BEGICH, Senator LEAHY, the chairman of the ecuted, or convicted for those heinous UDALL of New Mexico, KLOBUCHAR, Judiciary Committee, and Senator crimes. This is a false alternative that MURKOWSKI, HAGAN and FRANKEN for CRAPO. It has bipartisan consensus and does almost nothing to solve the epi- their statements today in support of was drafted after months of input from demic of violence against Native the Violence Against Women Reauthor- numerous stakeholders. women. ization Act. Unfortunately, the Grassley sub- Another issue. There was a very care- I also note that the ranking Repub- stitute doesn’t do a lot of the things ful negotiation that went on with lican member on the Judiciary Com- that are so important to us in this Vio- where the funding went. We had to mittee made a statement today from lence Against Women bill. This is not make cuts to funding this year in which I take some hope. The Senator an acceptable substitute. many areas, including this one. We ne- from Iowa indicated that this measure While much of this bill is consistent gotiated how much of the funds would could have been enacted last year. I with past policy in the Violence go to sexual assault and how much wish it had been enacted last year after Against Women Act, there were some would go to domestic violence. The the Senate voted with a strong major- changes that we felt necessary to Leahy-Crapo VAWA reauthorization ity to do so and did everything I could, match the times. One of them is a bill includes a 20-percent set-aside for including reaching out to the Repub- growing problem of tribal domestic vi- sexual assault programming in the lican Speaker of the House, to try to olence. Domestic violence in tribal STOP program, a balance that was make that happen. communities, unfortunately, is an epi- achieved after months of discussions I will not respond to all that my demic. Four out of five perpetrators of with domestic violence and sexual as- friend from Iowa said but I do want to domestic or sexual violence on tribal sault service providers. The bill in- correct any notion that I have aban- lands are non-Indian and currently creases the focus on sexual assault doned my efforts to increase U visas to cannot be prosecuted by tribal govern- without endangering domestic violence help law enforcement and immigrant ments. The only way is to have the victims. It was a big deal that we were women. As I have said repeatedly, I re- U.S. Attorney’s Office come in. They able to get it done. Unfortunately, the main committed to these provisions do a lot of good work. My United Grassley proposal makes a change to that I originally introduced and will States Attorney’s office has done great that and goes against the negotiation pursue them in the context of com- work historically through several ad- we already had in place. prehensive immigration reform. I hope ministrations with our tribal commu- Finally, there is the issue with the that the Senator from Iowa will join nities, but these cases should be able to Grassley proposal on U visas. As you me and support them. We will need be prosecuted not only by U.S. attor- most likely heard, we actually made them later this year. neys but also by tribal governments. changes to the original bill on U visas I am encouraged that our bipartisan The Leahy-Crapo VAWA reauthoriza- already in this negotiated bill. We were bill has 62 cosponsors. I am dis- tion bill builds on the protections for going to be able to use U visas that had appointed that Senators who say it Indian women by recognizing tribes’ been issued in prior years but not actu- should have passed last year are still authority to prosecute non-Indians ally used, and be able to use those opposing it. I hope that after a vote on who commit domestic violence against numbers in the coming years. We ended the Republican substitute, remaining their Indian spouses or dating partners. up taking that out. I didn’t agree with opponents will join us and support Vio- Let me say this was narrowly tailored that, and I hope it is something we can lence Against Women Act reauthoriza- for these acts of domestic violence address and fix in immigration reform. tion. That is what Senator HUTCHISON with specific requirements. Unfortunately, the Grassley proposal did last year when the Senate rejected The Grassley proposal, unfortu- goes even farther. It adds more restric- her alternative; she joined with us. I nately, does not provide the tribes the tions on U visas. praised her for it. Let us join together authority to enforce laws against do- Let me stop for a moment to explain and pass the strong Senate bill. mestic violence on their own lands. It what these U visas are. This is when I suggest the absence of a quorum. also takes money away from other Jus- you have an immigrant victim of do- The PRESIDING OFFICER. The tice Department grant programs to in- mestic violence. When I was a pros- clerk will call the roll. stall Federal magistrate judges and ecutor for 8 years, we would have a The assistant legislative clerk pro- prosecutors on tribal lands. Bringing in number of cases where an immigrant ceeded to call the roll. large numbers of Federal officials goes was a victim. What do you think her Ms. KLOBUCHAR. I ask unanimous against the locally based solutions to perpetrator did to get her to be scared consent that the order for the quorum domestic violence that VAWA has so to come forward? They said, We are call be rescinded. successfully promoted. going to deport you if you come for- The PRESIDING OFFICER. Without Federal judges and prosecutors al- ward to law enforcement. You will objection, it is so ordered. ready, as I pointed out, have authority never be able to stay in this country.

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S502 CONGRESSIONAL RECORD — SENATE February 7, 2013 What the U visas do is give that vic- lence shelter to meet with one of the Native American communities are tim a status to remain in the country victims. It was an important meeting much more complicated. In Illinois I to make sure this person gets pros- for me. Sitting across the table from a don’t live with these tribal commu- ecuted and then work on some kind of woman with two black eyes, her eyes nities and know all of the issues associ- a permanent immigration status. That red from crying, she could barely choke ated with them, but it turns out that is what the U visas are. I think they out a few words about what life had many times in cases of domestic vio- are a necessary component. There have been like as a victim of domestic vio- lence, the tribal courts are unable, un- been agreed-upon numbers for years lence. She was humiliated by the scars willing to deal with the prosecutions in when this bill has been reauthorized. her face and body showed and ashamed a timely and effective way. We tried, in Unfortunately, as I said, the Grassley she had reached that point in her life. the Senate version of the bill, to make proposal adds restrictions on U visas She had nowhere to turn. She didn’t sure when it came to Native American which are a law enforcement tool to trust anybody. She was afraid of her populations, tribal populations, the encourage immigrants to report and spouse and so she came to this domes- same protections would be there. The help prosecute crime. The restrictions tic violence shelter with her child. She House disagreed. are put in there—I am sure Senator didn’t know where to turn. The shelter Then, of course, came the question GRASSLEY, who is so good at fighting was trying to protect her, No. 1, and about sexual orientation. What if the fraud, put them in there for good rea- give her a chance for a better life. abuse is not man to woman, hetero- son—to deter fraud, but no study or re- That is what this bill is about. It is sexual abuse, but something else. Will port has been cited to indicate that also about a group of people I have that type of abuse also be protected? there is an issue here. U visas already come to know personally and really re- The answer is yes. In the Senate have fraud protections because law en- spect in Chicago. There is a group version of the bill, it was clearly yes. forcement officers must personally cer- called Mujeres Latinas En Accion. The House disagreed. tify that the victim is cooperating with What a dynamic group. I met them 14 Because of those three basic disagree- the criminal investigation. I tend to or 15 years ago. They were operating ments, nothing is happening. I believe the personal certification from out of an old house in Pilsen, one of the shouldn’t say nothing is happening. a law enforcement officer, and that is Hispanic neighborhoods in Chicago. It Thank goodness, BARBARA MIKULSKI, the proof that we have to issue the U was one of these beat-up, old places now chairman of the Appropriations visas. that a lot of charities take on and hope Committee, chaired the subcommittee No program is perfect. I am sure we to call home and use for their pur- that kept funding the bill. So we kept can work with Senator GRASSLEY in poses—in this case a domestic violence our commitment to these violence the future if there are some fraud shelter primarily for the Hispanic shelters around America, but we didn’t issues here. At this point, after a year neighborhood. The rooms were all reauthorize them. We didn’t put in new of negotiation in trying to get the bill packed. There were cots and diapers language. We didn’t do our job. We just through here, we have significant bi- and food and all the things you beg for stopped for a year on a bill that partisan support. It is not the time to from friends to sustain a family in need shouldn’t even be debated, to a great put a substitute in. of help. extent. It certainly shouldn’t be par- I want to thank you for giving me I remember going there with Amalia tisan. this opportunity. I urge my colleagues Rioja Castro, and she explained to me According to a recent survey, in the to reject the substitute Grassley what they were doing in receiving peo- United States, 24 people every minute amendment, embrace this bill, and ple from the community. These were become victims of rape, physical vio- vote for it. It is a good bill. women most often with children who lence, or stalking. That means in the I yield the floor, and I suggest the ab- came in and had been victimized. It time it takes me to finish this state- sence of a quorum. was tougher for them than for most. ment dozens will have been victimized. The PRESIDING OFFICER. The Many of them struggled with English. Since its passage, the Violence Against clerk will call the roll. Many of them struggled with a culture Women Act, known as VAWA, has pro- The assistant legislative clerk pro- that many times is too patriarchal in vided valuable and even lifesaving as- ceeded to call the roll. these circumstances, and many of them sistance to hundreds of thousands of Mr. DURBIN. Mr. President, I ask struggled with the same embarrass- people in America. The impact is pro- unanimous consent that the order for ment as the woman I met in Cham- found. the quorum call be rescinded. paign, IL. But they finally realized The Bureau of Justice statistics tell The PRESIDING OFFICER. Without they had no choice; they had to ask for us the rate of domestic violence objection, it is so ordered. help. So they came to that shelter. against women has dropped by more Mr. DURBIN. Mr. President, pending And, thank goodness, those volunteers than 50 percent since we first enacted before the Senate is the Violence and people were there offering them a this bill. There aren’t many pieces of Against Women Reauthorization Act. safe place and willing to take on the legislation we can point to with that We considered it over a year ago. The issues of protecting this mother and track record, but there are so many bipartisan reauthorization passed the her children from further abuse. They more who need help. That is evident Senate with 68 votes more than 9 saved a lot of lives in the process. from the statistics. months ago. To someone who has suf- That is what this bill is about, and it The Centers for Disease Control tells fered domestic violence abuse and is in is one of the reasons this bill hasn’t us approximately one in four women need of help, it is amazing to think passed. You see, the difference between has experienced severe physical vio- that what used to be an easy bipartisan the Senate approach and the approach lence by an intimate partner, and near- issue has been tied up in the obstruc- in the House of Representatives comes ly one in five women has been raped. tion between the House and the Senate down to two or three things, but they One in five? In a study of under- since then. There is absolutely no ex- are all three important things. One of graduate women, 19 percent have expe- cuse for failing to enact this legisla- them relates to the undocumented. rienced an attempted or actual sexual tion. Now is the time to do it. We have If an undocumented woman—moth- assault while in college. All together a strong sensible bill before us. er—walks into a domestic violence more than one in three women have ex- Senator LEAHY, the chairman of the shelter in this country, beaten up, run- perienced rape, stalking, or physical Senate Judiciary Committee, is guid- ning from an abusive husband, holding violence by an intimate partner in ing it on the Senate floor. This is an her baby, will we help her? That is the their lifetime. That is a fact. interesting issue. It is an emotional question. Ordinarily, one would say: Of The consequences are ongoing. For issue. If you haven’t had domestic vio- course. But some say: No, she is un- example, 81 percent of women who have lence in your family, you can be grate- documented. We don’t help those peo- experienced this report significant ful. Many people have seen it firsthand, ple. short- or long-term impacts, and the and I don’t think it is something they Really? We don’t? Is that who we are consequences can be severe. By one re- will easily forget. in America? It isn’t. Of course, we help port, in 2007, 45 percent of the women I was invited a few years back to go her. Of course, we help her child. Our killed in the United States died at the to Champaign, IL, to a domestic vio- bill said we did; the House disagreed. hands of an intimate partner.

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S503 This reauthorization ensures that The Prison Rape Elimination Act of The dozens of individuals who have funding will continue to go to the orga- 2003, known as PREA, was designed to been victimized since I stood up to nizations and individuals who need eliminate sexual abuse of those in cus- begin this speech need help now. This help the most. It places increased em- tody. It was bipartisan and championed is our opportunity. Let’s show them phasis on responding to sexual assault, by the late Senator Ted Kennedy and that when it comes to protecting in addition to domestic violence. It Senator SESSIONS of Alabama, and I co- America’s most vulnerable popu- does things such as encourage jurisdic- sponsored it. PREA required the pro- lations, we will be there. tions to evaluate rape kit inventories mulgation of national standards to pre- Mr. President, I yield the floor, and I and reduce backlogs. It incorporates vent, detect, and respond to prison rape suggest the absence of a quorum. important accountability mechanisms, in America. There had been questions The PRESIDING OFFICER. The consolidates programs, and actually re- raised about whether those standards clerk will call the roll. The bill clerk proceeded to call the duces spending. would apply to immigration detainees, It also includes vital provisions to roll. and as I have said before, when we Mr. CARDIN. Madam President, I ask help Native American women and pro- drafted and passed PREA it was our in- tect immigrant communities. A provi- unanimous consent that the order for tent it would apply to all in Federal de- the quorum call be rescinded. sion helping to ensure the availability tention, including immigration detain- of U visas for victims of crime was The PRESIDING OFFICER (Ms. ees. HEITKAMP). Without objection, it is so taken out. I am sorry it was. It is a I was pleased when President Obama ordered. budget item; a constitutional item. But issued a memo clarifying that PREA Mr. CARDIN. Madam President, I we want to make sure other critical applies to all Federal confinement fa- take this time because I think it is im- provisions in the bill remain—provi- cilities and directing agencies to act portant people recognize that what we sions that protect immigrant commu- accordingly. I was also pleased with do has such an important impact on nities that are strongly supported by the Department of Homeland Security local law enforcement and on local those who work with them. drafting standards to comport with agencies. The reauthorization also ensures PREA. Secretary Napolitano and I Last year I hosted a roundtable dis- that lesbian, gay, bisexual, and have discussed this problem of sexual cussion in Prince George’s County, MD, transgender communities are not dis- assault in detention, and I applaud the to discuss the importance of reauthor- criminated against when it comes to Secretary for her strong commitment izing the Violence Against Women Act, these services. I say this to my col- to this issue. known as VAWA. This roundtable leagues on both sides of the Chamber. It was critical to me to have a provi- brought together victims, social serv- Now is the time to pass the Violence sion in this VAWA reauthorization ice agencies, law enforcement, clergy, Against Women Reauthorization Act. that clarifies that standards to prevent and others on the frontline of providing Our country has to come together to custodial rape must apply to immigra- support and protection to victims of make sure all of the victims are pro- tion detainees—all immigration de- domestic violence. tected. tainees—a provision that codifies the VAWA has a proven track record of Take the Native American commu- good work DHS is now doing and en- protecting women from domestic vio- nities, for example. According to a sur- sures strong regulations pertaining to lence, and it is hard to understand op- vey by the Centers for Disease Control, immigration will remain in place in position to legislation with the goal of 4 out of every 10 American Indian or the future. curbing domestic violence. Saving Alaska Native women—4 out of 10— Mr. President, I have visited some of women’s lives should not be a partisan have been victims of rape, physical vio- these immigration detainee facilities. issue. The statistics of domestic vio- lence, or stalking in their lifetime. They are not quite prisons but almost. lence are alarming. Yet domestic vio- That is unacceptable in America, a Those who are being detained before lence remains one of the most under- country that prides itself on its com- being deported have little access to the reported crimes in the country. These mitment to human rights. outside. In my case, I went down to victims need to know they have our This bipartisan bill is supported by support, including access to justice, victims, experts, and advocates. It is deep southern Illinois, 300-plus miles from Chicago—more than 300 miles help with housing, medical care, and supported by service providers, faith economic opportunity. leaders, and health care professionals, from Chicago. It was hard for them to get a telephone they could use for ac- In 2010, there were 10,574 protective prosecutors, judges, law enforcement orders in my State, and peace order fil- cess to family or attorneys. It was a officials, and it ought to be supported ings in Prince George’s County was pretty isolated situation. They are by both Chambers of Congress. one-fifth of the total 50,363 filings in clearly in a remote place. Many are The last two VAWA reauthorization the State of Maryland—so 10,000 in treated well but many are not. bills have carefully expanded the scope Prince George’s County, 50,000 in Mary- Custodial sexual assault is just one of of the law and improved it. This reau- land. thorization is no exception. It implies the many issues addressed by this At the roundtable I held in Prince lessons learned from those working in VAWA bill. I urge my colleagues to George’s County, I heard a number of the field and renews our commitment work together and reauthorize this examples of the importance of VAWA to reducing domestic and sexual vio- bill. If this is truly a new day after this from those on the frontline of com- lence. We ought to listen to the people last election, if we are truly deter- bating domestic violence. on the front lines protecting those vul- mined to do things on a bipartisan Prince George’s County sheriff Mel- nerable populations. We should be able basis, why isn’t this the first thing we vin High told me the oath he took obli- to pass a strong reauthorization that do? It used to be bipartisan. It didn’t gates him to protect all people without addresses the needs of all women. even take that much time to pass it be- political consideration. He strongly I thank Senator LEAHY and many cause we were all together on it. stated that VAWA should be reauthor- others in this Chamber for their leader- Everybody understands domestic vio- ized; that it is an extremely important ship. I want to take a moment to dis- lence—if not from their family, cer- tool that he uses to help protect the cuss a provision which I mentioned ear- tainly from their life experience and people of Prince George’s County. lier in the bill. watching what happens in these domes- State attorney Angela Alsobrooks A troubling episode of ‘‘Frontline,’’ tic violence shelters. We have had told me that for more than a decade, the PBS program many of us watch broad bipartisan support for this in the her office has received funding from and respect, detailed one woman’s past. This last year, despite Chairman VAWA that has allowed her domestic story in great detail, but that wasn’t LEAHY’s extraordinary efforts, it fell violence unit to provide greater serv- an isolated incident. The National apart in the House of Representatives. ices to the victims of abuse. Without Prison Rape Elimination Commission, We want to give them another chance— this funding, she told me she would created by Congress, said: a chance to get it right, a chance to lose a domestic violence advocate and As a group, immigration detainees are es- join us in passing a bipartisan bill that a prosecutor who is assigned specifi- pecially vulnerable to sexual abuse and its we are likely to pass from this Cham- cally to domestic violence cases, reduc- effects while detained. ber. ing their ability to help victims. She

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S504 CONGRESSIONAL RECORD — SENATE February 7, 2013 urged the House at that time—because VAWA encourages collaboration the bill and the services and protec- we had passed the bill in the Senate— among law enforcement, judicial per- tions it provides as strong as possible.∑ to pass the Senate version of VAWA in sonnel, and public and private service Mrs. FEINSTEIN. Madam President, order to ensure they continue to re- providers to victims of domestic and I rise today to express support for the ceive this critical funding. sexual violence. It also works to in- reauthorization of the Violence Malinda Miles is the executive direc- crease public awareness. Against Women Act, VAWA. tor of the Family Crisis Center in One in four women will experience For the last 18 years, VAWA has been Prince George’s County, which is the domestic violence in their lifetime. An the centerpiece of the Federal Govern- premier domestic violence program in estimated 1.3 million women are vic- ment’s efforts to combat domestic vio- the county, serving women and chil- tims of physical assault by an intimate lence, dating violence, stalking and dren for more than 30 years. She stated partner every year. In Maryland, in sexual assault, and it has transformed she believes the House bill, if passed, 2009, there were more than 18,000 re- the response to these crimes at the would set back women 50 years—the ported cases of domestic abuse and 38 local, State, and Federal levels. bill they were considering last year— fatalities. That period of time has been VAWA was first signed into law in and would be a travesty for the women the lowest number of domestic vio- 1994. This body reauthorized it in 2000 and children of this Nation now and for lence-related deaths on record for the and again in 2005 on an overwhelmingly years to come, urging at that time that State, but these numbers are still very bipartisan basis. the bill we passed last year—the bill we much unacceptable. Unfortunately, final approval of the are considering on the floor now—needs I am disappointed that last year the VAWA reauthorization bill came to an to pass as quickly as possible. House refused to take up this legisla- abrupt halt in Congress last year, when Prince George’s County police chief tion we approved and also refused to some Republicans insisted on removing Mark Magaw told me that combating allow us to go to conference to work provisions that would provide expanded domestic violence remains a primary out the differences between the two protections for gay and lesbian individ- focus of his department, and he is bills. I urge my colleagues in the Sen- uals and undocumented immigrants thankful for support provided by the ate to pass this legislation, and I urge who are the victims of domestic abuse. VAWA grant program. my colleagues in the House to quickly In my view, these expanded protec- The Violence Against Women Act take up the Senate bill and enact it tions are improvements. Domestic vio- was passed by Congress and signed into into law. lence is domestic violence, regardless law in 1994 by President Clinton. This ∑ Ms. HIRONO. Madam President, I am of the victim’s immigration status or law has a proud and bipartisan history. in support of S. 47, the Violence Congress passed this legislation in 1994 sexual orientation. Against Women Reauthorization Act of Domestic violence and crimes after growing awareness of crimes asso- 2013. I am a cosponsor of this bill and ciated with domestic violence, includ- against American women have never look forward to working with my col- been partisan issues in the past. This is ing sexual assault and stalking cases. leagues to pass this important piece of Congress needed to address the pre- why, candidly, I’m surprised that I find legislation. myself on this floor urging a vote a vailing attitude at the time that do- The grants created by this act have vote on a historically bipartisan bill. mestic violence was a private so-called helped ensure services to domestic vio- Today, as a result of VAWA, more family matter, which in many cases po- lence victims since 1994. VAWA has victims report incidents of domestic vi- lice were hesitant to arrest abusers and helped raise public awareness on an olence to the police, and the rate of prosecutors were reluctant to send issue that too often went unreported non-fatal partner violence against abusers to jail. We have changed that, and ignored under the guise of polite- and VAWA helped us change that. The ness and privacy by family, friends, women has decreased by 53 percent passage of VAWA will help our local and neighbors. since 1994, according to the Depart- agencies protect women and hold those Yet, while VAWA has raised aware- ment of Justice. abusers accountable for their actions. ness, increased reporting, and provided Because of VAWA, States have the VAWA enhanced investigators and victims of domestic violence and simi- funding to implement ‘‘evidence- prosecutors of sex offenses and created lar crimes with better services and pro- based’’ anti-domestic violence pro- a number of new grant programs that tection against perpetrators, there is grams, including lethality screens, included law enforcement, public and still much work to be done to elimi- which help law enforcement predict private entities, services providers, and nate these crimes. Specifically, I am when a person is at risk of becoming victims of crime. Congress approved re- concerned about the high instances of the victim of deadly abuse. authorizations of VAWA that expanded domestic violence in Indian Country. I In my home State of California, with its protections by bipartisan votes in am pleased that S. 47 includes language the help of VAWA funds, we reduced 2000 and 2005. In 2000, Congress en- to provide tribal governments the force the number of domestic violence homi- hanced Federal domestic violence and they need to prosecute non-Indian per- cides committed annually by 30% be- stalking penalties, added protections petrators who commit these crimes on tween 1994—the year of VAWA’s enact- for battered immigrants, and added tribal land. There is no reason a non- ment—and 2010. new programs for elderly and disabled Indian perpetrator should go In my days as the mayor of San women. In 2005, Congress enhanced pen- unpunished because a tribe lacked ju- Francisco, many of the most difficult alties for repeat stalking offenders, risdiction over him or her, and it is es- calls for the city’s law enforcement of- added protection for battered and traf- pecially egregious that in such cases, ficers were those of domestic abuse. It ficked immigrants, and added pro- the perpetrator may go unpunished for was a big problem then, and it remains grams for sexual assault victims and crimes committed on tribal land. Every a big problem today. American Indian victims, as well as citizen of this Nation deserves the safe- In California in 2010, there were programs designed to improve the pub- ty and security that comes with a 166,361 domestic violence calls, includ- lic health response to domestic vio- peaceful home and safe relationship. ing more than 65,000 that involved a lence. Indeed, I believe noncitizen immi- weapon. Now, in 2013, the Senate is trying to grants who have moved to this country Fortunately, over 5,000 victims re- approve VAWA once again, since its and found themselves trapped in an un- ceive assistance each day from local original passage nearly 20 years ago. safe relationship or family setting also domestic violence service providers in The Senate-passed version of the law deserve the protections provided by the State. These providers offer serv- includes measures to ensure that vic- VAWA. S. 47 provides the types of pro- ices that are essential to ending the tims are not denied services because tections necessary to assist law en- cycle of abuse that is faced by so many they are gay or transgender. It pro- forcement in prosecuting crimes that domestic violence victims. tects Native American women from do- might otherwise have gone unreported Let me share a success story about a mestic violence and sexual assault and by immigrants fearful of losing their woman from Lake County, CA who re- includes nondiscrimination provisions status. ceived vital assistance from a local do- for all victims, regardless of their race, I hope my colleagues will join me in mestic violence center that receives color, religion or gender. supporting S. 47 and will work to make Federal VAWA funding.

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S505 Mary—her name has been changed to ever, making it more difficult for vic- lence cases. This presents numerous protect her confidentiality—contacted tims to put the painful experience in constitutional problems. Native Amer- the Lake Family Resource Center after the past and move forward in their ican reservations are sovereign na- leaving her abusive husband. Mary was lives. tions, and key provisions of the U.S. assigned to a domestic violence family Simply put, VAWA saves lives. It Constitution’s Bill of Rights have been advocate who offered her one-on-one protects American women. And it is a interpreted not to apply there. This counseling and legal assistance. lifeline for women and children who legislation lists certain rights to be af- The family advocate helped Mary file are in distress. To me, this bill is a no- forded nontribal defendants but not and obtain a temporary restraining brainer. We must continue our ongoing only stops short of guaranteeing all order against her husband. This order commitment to ending domestic and constitutional rights but also does not kept him away from Mary and gave her sexual violence. This commitment has provide for direct review of convictions temporary custody of their children. always been bipartisan, and it should in U.S. courts. I simply cannot support The family advocate also accom- be again. Let’s not further victimize depriving American citizens of con- panied Mary to several court hearings at-risk American women because of stitutional rights and judicial protec- and was able to connect her with other partisan politics. tion. local service providers. This support al- Let’s do our job and reauthorize the I want to applaud my colleague from lowed Mary to remain independent and Violence Against Women Act with Texas, Senator CORNYN, who has been keep her children safe. strong bipartisan support, as we always trying mightily to correct this grave After several months of counseling have. constitutional defect in S. 47. He has and assistance, Mary obtained full cus- I yield the floor. negotiated in good faith in a principled tody of her children and their lives Mr. HATCH. Madam President, today and fair way. Like me, he wants to sup- have improved significantly. For the the Senate should have been able over- port reauthorization of the Violence first time ever, the children are now whelmingly to support reauthorizing Against Women Act. But like him, I able to invite friends to their home and the Violence Against Women Act, but will do so only on the appropriate con- participate in normal social activities. the majority made that impossible. In stitutional and policy grounds. In addition, their grades have improved fact, S. 47 is not really a reauthoriza- I have cosponsored the Violence dramatically, with one child receiving tion bill but a bill to use the Violence Against Women Act three times. I the Student of the Month Award from Against Women Act to venture into voted last year to reauthorize it and his school. new ideological territory. For that rea- will do so again today. But while I sup- The positive impact of VAWA fund- son, I cannot support S. 47 but am a co- port reauthorizing VAWA, I cannot ing is undeniable. Yet many California sponsor of the true VAWA reauthoriza- support using VAWA as a vehicle to service providers report a critical tion bill introduced by my colleague enact divisive and controversial new shortage of funds and staff to assist from Iowa, Senator GRASSLEY. measures that have not been properly victims in need. Two decades ago during the 103rd evaluated on their own terms. Had the Reauthorizing VAWA would address Congress, as ranking member of the majority taken the same approach as these shortages through grant pro- Judiciary Committee, I worked with we did in 2000 and 2005, this legislation grams administered by the Department Chairman JOE BIDEN to develop legisla- would have been passed and signed into of Justice that provide funding for tion to combat domestic violence and law months ago. Instead, the majority emergency shelters, counseling, and sexual assault against women. That has destroyed the bipartisan consensus legal services for victims of domestic first passage of the Violence Against in favor of unconstitutional and divi- violence, sexual assault, and stalking. Women Act had bipartisan support, al- sive efforts to favor special interests. I suggest the absence of a quorum. The bill would also continue support though it was by no means without The PRESIDING OFFICER. The for State agencies, rape crisis centers, controversy. I took more than my clerk will call the roll. and other organizations that provide share of criticism from the right, but it The bill clerk proceeded to call the services to vulnerable women. was the right thing to do, and I worked roll. The bill we are considering today to promote a genuine bipartisan con- The PRESIDING OFFICER. The Sen- gives increased attention to victims of sensus behind this legislation. ator from Washington. sexual violence. This form of violence In 2000, I again cosponsored the Vio- Ms. CANTWELL. Madam President, I is particularly destructive because, for lence Against Women Act which was ask unanimous consent that the order many years, our society viewed sexual included in the Victims of Trafficking for the quorum call be rescinded. violence as the fault of the victim, not and Violence Protection Act, and the The PRESIDING OFFICER. Without the perpetrator. Senate voted 95-to-0 for the conference objection, it is so ordered. Although VAWA has always ad- report. I cosponsored the VAWA reau- Ms. CANTWELL. Madam President, I dressed the crime of sexual assault, a thorization bill again in 2005, and this thank the leader, Senator LEAHY, for smaller percentage of grant funding time the Senate passed it by unani- his leadership in trying to get the Vio- has been allocated to sexual assault mous consent without even a roll call lence Against Women Act passed and victims than is proportional to their vote. Clearly, the trend has been to- for being down here and working on an rates of victimization. This reauthor- ward broader support. agreement with the other side of the ization bill does three things to address Unfortunately, the majority today aisle so we can vote either today or in this imbalance: has deliberately stopped that trend. the near future. Hopefully, we will 1. It provides an increased focus on The majority has insisted on injecting bring this issue to an end and get along training for law enforcement and pros- into this legislation highly controver- with protecting the rights of women ecutors to address the ongoing needs of sial and divisive provisions that were throughout the United States of Amer- sexual assault victims. guaranteed to fracture the growing ica. 2. The bill extends VAWA’s housing support that VAWA has enjoyed in the I am very anxious to help and further protections to these victims. past. Many of us asked them not to do that debate. I come to the floor as the 3. And the bill ensures that those who it this way but to address these issues chair of the Senate Indian Affairs Com- are living with, but not married to, an separately so that there could be hear- mittee and as somebody who has spent abuser qualify for housing assistance ings and proper debate. Instead, the a lot of time dealing with tribal leader- available under VAWA. majority chose to use VAWA as cover ship in the State of Washington and The bill also updates the Federal for sidestepping the legislative process throughout the Pacific Northwest. I criminal code to clarify that on these issues. know the Presiding Officer has a very cyberstalking is a crime. With increas- Let me give just one example. One of large tribal population within her ing frequency, victims are being those divisive issues concerns the juris- State too. I am sure she has had had stalked over the Internet through e- diction of courts on Native American many experiences with those tribes. mail, blogs, and Facebook. When stalk- reservations. Section 904 of S. 47 would Like me, she wants to make sure all ing is done online, the message sent by give tribal courts jurisdiction over victims of domestic violence are pro- the perpetrator is memorialized for- nontribal individuals in domestic vio- tected in America.

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S506 CONGRESSIONAL RECORD — SENATE February 7, 2013 In Washington State, we receive over ship. Even George H.W. Bush’s Solic- they know they will not get pros- 30,000 domestic violence calls a year. itor General Kenneth Starr stated in a ecuted. They know this. That is more than 500 incidents per filing in the Supreme Court that ‘‘it re- We are allowing an intolerable situa- week. Our domestic violence programs mains true today that the State has no tion to grow in great extremes simply serve about 1,800 people each day, and jurisdiction over on-reservation of- because we are missing a vital tool. I that is why we need to move past this fenses involving Indians. . . . ’’ get that many of my colleagues may debate, get this legislation reauthor- George W. Bush’s Solicitor General not understand the history of tribal ized, so we make sure we help protect said that ‘‘the policy of leaving Indians law and the history of our country and victims. free from State jurisdiction and con- securing a relationship with tribes and A woman named Carissa Daniels trol’’ is one that ‘‘is deeply rooted in the treaties we signed. came to one of our events recently. She the Nation’s history.’’ Again, as I said before, this is a rela- fled from a very abusive domestic vio- So here are Republican administra- tionship we have preserved for the Fed- lence situation with her 3-year-old tions that have basically said the way eral Government, and the Federal Gov- daughter. She said she is alive because to deal with this is a Federal relation- ernment is saying this is how we can of the Violence Against Women Act. ship. I am saying to my colleagues on best solve these crimes by getting the Those safeguards and protections pro- the other side of the aisle that unless help and support of tribal jurisdictions. tected her and her daughter. they are willing to put a Federal pros- I wish to say to my colleagues on the I come to the floor, and I am a little ecutor and a Federal agent on all tribal other side of the aisle, because I have frustrated this debate has been bogged reservations, who do they think is heard some of them say that somehow down over a few issues, particularly going to prosecute these crimes? Who? this violates the civil liberties of non- this issue as it relates to Native Ameri- Who is going to prosecute them? That Native Americans if these crimes hap- cans and the rights of Native Ameri- is why the Department of Justice came pen in Indian Country, that nothing cans. to us and said: We have an idea on how could be further from the truth. First of all, all tribal courts also ad- I think we had the Department of we might do it. Let’s try to get a part- here to the Indian Civil Rights Act, Justice come to the Congress with a nership with tribal jurisdictions to which is basically our 14th amendment. very good solution because their point make sure justice is being brought on So the security of the 14th amendment was we have an epidemic of violence tribal land but do so by protecting the is right there in the law and will pro- against women in Indian country, and civil liberties of American citizens as tect any non-Native American who is we don’t have a ready solution as it re- we go through this process. charged with this crime on a reserva- lates to the necessary law enforcement That is the legislation that is before tion. there to protect them. us. It passed out of the Judiciary Com- Secondly, this law has specifically I don’t mean to be elementary, but mittee and is now on the Senate floor. broad language, making sure the de- going back through our country’s his- My colleagues across the aisle are try- fendant would be protected with all tory and our relationship with tribal ing to strip those very rights that Na- rights required by the United States in governments, it is a Federal relation- tive American women would have. order for this jurisdiction to have over- ship. To secure that Federal relation- The way this would work is obviously sight. It is almost like a double protec- ship, we have basically said these are tribal jurisdictions would prosecute tion—saying it twice—that the habeas rights for the Federal Government and these individuals. If there is anyone corpus rights of individuals will be pro- not the States. In many ways, we have who doesn’t think this is a problem—it tected under this statute. eliminated what States can do as it re- is amazing to me to think this concept The notion that this is somehow ab- lates to tribal land. The challenge we that one of our other colleagues might rogating individual rights just because have is that on these tribal reserva- be proposing, that somehow we would the crime takes place on a tribal res- tions we need to make sure the law is say: OK. A solution would be to say it ervation is incorrect. So I ask my col- enforced—a Federal law—and that is a lesser crime if an Indian woman is leagues: Do we want to continue to there are individuals to carry out that assaulted on a tribal reservation, and have this unbelievable growth and Federal law. it would be a misdemeanor. Somehow petri dish of crime evolving—when By voting for the underlying amend- aggressive abuse and violent attacks criminals know there is a porous bor- ment, maybe my colleagues on the against women would be a mis- der, that is where they are going to other side of the aisle have an appro- demeanor. I am not going to treat Na- go—or do we want to partner with a priations authorization that says this tive American women as second-class recommendation that has been deter- is how we are going to deal with it: We citizens in the United States of Amer- mined by the Department of Justice, are going to give you a Federal pros- ica. which has the authority to carry out ecutor and a Federal agent on every I get that might have been the cul- this Federal law on tribal reservations tribal reservation or in every jurisdic- tural norm of the 1700s and 1800s, but it and is asking for this partnership but tion. I don’t know how many that has no place in our history in 2013. This with due protection so we can root out would be in my State. We have vast is about legislation that will protect this evil in our communities. and huge amounts of land. I guess, if tribal women on Indian reservations I would say to my colleagues, it is they thought that was going to be ef- and make sure these cases of abuse— time to pass this legislation and pro- fective, there would have to be a pros- whether they are done by a Native tect these rights for all individuals. We ecutor and a Federal agent in probably American or non-Native American—are cannot vote for an amendment on the 39 different parts of my State. If we protected. other side of the aisle that basically multiply that in the West—or even just Consider the case of Diane Millich. strips the rights of Native American in the Presiding Officer’s State—we are Her ex-husband was never arrested any women and treats them like second- talking about hundreds of millions of of the more than 100 times he had beat- class citizens, nor can we just go silent dollars the Federal Government would en her or attacked her. Finally, he on what is an epidemic problem in our have to dole out to properly police and showed up at her workplace with a gun country. What we have to do is stand enforce Federal law as it relates to to kill her. She is alive because an in- and realize that the relationship be- crimes against these women. dividual from her workplace pushed her tween the Federal Government and In- Why isn’t anybody recommending out of the way. Her husband is being dian Country is a very mature relation- that? Because I think the Department treated as a first-time offender because ship with a lot of Federal case law be- of Justice has adequately seen that the all those other times he beat her or do- hind it. A lot of Republican adminis- best way to do this is to build a part- mestically assaulted her, he was never trations recognize it is a Federal rela- nership with those tribal jurisdictions prosecuted because it took place on a tionship and that we can—asking In- to get that done. reservation. dian Country to help us—solve this In looking over the history of this, I This epidemic is so great that now problem and prosecute these individ- am always amazed at what previous ad- these people who are involved in sex uals under the rights we have as con- ministrations—Republican administra- and drug trafficking are targeting res- stitutional citizens of the United tions—said about this tribal relation- ervations and Indian women because States.

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S507 I am confident we can get to an an- than 300 Ohio youth victims of sex traf- amendment at the appropriate point in swer and resolve this issue. I say to my ficking. The report found that 40 per- the process, but I wanted to speak a colleagues: We need to do so with ur- cent were also victims of sexual abuse; little bit about it and explain why Sen- gency. We cannot allow another 1,800 47 percent of the victims surveyed con- ator BLUMENTHAL and I would like to calls to go unanswered or not sup- firmed they had been raped 1 year be- offer this. Again, we hope it will be a ported because we have not authorized fore being trafficked. noncontroversial, technical correction this legislation. Let’s get our job done Dr. Celia Williamson, from Toledo, to ensure that sex trafficking is in- and protect all women throughout the OH, is one of the key individuals re- cluded among those provisions that are United States of America. sponsible for this report and continues listed in Section 302. I yield the floor. to work to strengthen the response to I yield the floor. The PRESIDING OFFICER. The Sen- sex trafficking in Ohio. Dr. Williamson The PRESIDING OFFICER. The Sen- ator from Ohio. developed the program, RESCUE ator from Iowa. Mr. PORTMAN. Madam President, I CHILD, which educates first responders Mr. GRASSLEY. Madam President, I would like to speak on the amendment, and everyday citizens on how to recog- hope to offer an amendment that would if I could. nize the signs of child sex trafficking. be a Republican substitute, so when- The PRESIDING OFFICER. The Sen- This is an important issue for Ohio. ever that happens—I don’t know ex- ator is recognized. Toledo, OH, is among the highest in actly when, but I wish to discuss my Mr. PORTMAN. Earlier this week, the country in terms of prosecution amendment at this point. my colleague Senator BLUMENTHAL and investigations of sex trafficking. My amendment does more to protect spoke about an amendment we are of- Dr. Williamson has helped to educate the rights of victims of domestic vio- fering to the Violence Against Women folks to identify signs of sex traf- lence and sex crimes than does the un- Act, and it is an amendment that has ficking and high vulnerability. Some of derlying piece of legislation. There are to do with child sex trafficking. I am the key signs of high vulnerability to many ways in which this is so. Under pleased to join him in offering this im- sex trafficking are youth who have run the substitute amendment I will offer, portant amendment and talking about away from home and children who are more money goes to the victims and it today. less to bureaucrats. It requires that 10 This is really a technical correction victims of sexual assault, emotional percent of the grantees be audited to the underlying legislation to en- abuse, child abuse, or neglect. In order hance the safety of our youth and our to fight human trafficking, we have to every year to ensure that taxpayer children in the area of sex trafficking. prioritize services to these vulnerable funds are actually used to combat do- Last November, Senator BLUMENTHAL youth and connect victims of sex traf- mestic violence. It seems to me that and I started the Senate Caucus to End ficking with appropriate resources. when dollars are short, that is a very Human Trafficking. We have been So this amendment is really just a important point that people ought to working with our colleagues on both technical amendment to ensure that take cognizance of. sides of the aisle and have been making we protect these child victims of sex The Justice Department inspector bipartisan progress on this issue. In trafficking and provide them with what general conducted a review of 22 VAWA general, we are working to raise aware- is necessary to fully recover from this grantees between the years 1998 and ness of human trafficking, and with re- devastating trauma. 2010. Of these 22, 21 were found to have gard to the underlying bill, the issue of Section 302 of the reauthorization of some form of violation of grant re- child sex trafficking. VAWA is appropriating titled ‘‘Cre- quirements, ranging from unauthorized This issue cuts across all party and ating Hope Through Outreach, Options, and unallowable expenditures to sloppy philosophical lines. It is something Services, and Education for Children record keeping and failure to report in that is more fundamental. It is about and Youth.’’ The intent of this section a timely manner. In 2010 one grantee who we are as a people, and how we re- is to ‘‘develop, expand, and strengthen was found by the inspector general to spect and protect basic human dignity. victim-centered interventions and have questionable costs for 93 percent It is important to acknowledge that services that target victim-centered of the nearly $900,000 they received human trafficking is not something we youth who are victims of domestic vio- from the Department of Justice. A 2009 hear about that happens overseas; it lence, dating violence, sexual assault, audit found that nearly $500,000 of a happens right here in America. Unfor- and stalking.’’ $680,000 grant was questionable. tunately, human trafficking is an issue Section 302 omits the term ‘‘sex traf- These fiscal irregularities continue. present in communities in Ohio and ficking’’ except in the context of a ‘‘co- An inspector general audit from last Connecticut—where Senator occurrence’’ with one of these other year found that the Violence Against BLUMENTHAL is from—and in all of our factors I mentioned. So in order to be Women Act grant recipient in the Vir- States. covered under this section, victims gin Islands engaged in almost $850,000 Children and youth are among the would have to be victims of sexual as- of questionable spending. Also, a grant most vulnerable individuals and are at sault or another violation as well as to an Indian tribe in Idaho had about the greatest risk. According to the victims of sex trafficking. $250,000 in improperly spent funds, in- Federal Bureau of Investigation, there The omission of ‘‘sex trafficking’’ cluding $171,000 in salary for an unap- are now nearly 300,000 young Ameri- seems to be inadvertent because it is proved position. In Michigan last year, cans who are at risk of commercial sex- inconsistent with the similar sections a woman at a VAWA grant recipient ual exploitation and trafficking. of the reauthorization. One example of used some of those funds to purchase The Department of Justice reports this is found in Section 902, which pro- goods and services for her personal use. that between 2008 and 2010, 83 percent vides grants to Indian tribunal govern- After all of those examples, the point of sex trafficking victims found within ments for the safety of women and is this: We should make sure Violence the United States were U.S. citizens. youth. This section provides for ‘‘serv- Against Women Act money goes to vic- By the way, 40 percent of those cases ices to address the needs of youth who tims. That hasn’t been the case under involve sexual exploitation of children. are victims of domestic violence, dat- the current situation, and the sub- Human trafficking has a devastating ing violence, sexual assault, sex traf- stitute works toward improving that impact on so many Americans across ficking, and stalking.’’ So sex traf- situation. this country. ficking is in one section but not in an- The substitute also prevents grantees One of the reasons we lack data on other. We want to clarify that being a from using taxpayer funds to lobby for the definitive number of victims is that victim of sex trafficking alone should more taxpayer funds. That seems to be there are limited programs and re- be sufficient to be covered under this pretty common sense. sources available to serve these chil- act. My amendment will ensure that more dren nationwide, and this problem is I thank Senator BLUMENTHAL for his money is available for victim services. not limited to large cities or metro- commitment to this issue, and I thank That is where the money is supposed to politan areas. my colleagues, including the ranking go. Money that goes to grantees and is In Ohio, the 2012 Human Trafficking member and the chairman who are here squandered helps no woman or other Commission Report surveyed more on the floor today. I hope to offer this victims.

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S508 CONGRESSIONAL RECORD — SENATE February 7, 2013 In addition, the Republican alter- These programs are not currently fund- status, he told her he was divorcing native limits the amount of VAWA ed to their authorized levels, so the re- her. He instructed her to file for the di- funds that can go to administrative ductions will not reduce services pro- vorce and continue to sponsor him for fees and salaries to just 7.5 percent. vided. his green card. He then became abusive The present underlying bill, S. 47, con- Combating violence against women toward her children. Her husband was a tains no such limit. If we want the also means tougher penalties for those hockey player—6 feet 2 inches tall. money to go to victims and not to bu- who commit these terrible crimes. The However, he knew he risked deporta- reaucrats, then those overhead ex- substitute I am referring to creates a tion if the truth came out, so he turned penses should be capped. 10-year mandatory minimum sentence the tables on his wife and claimed he The Republican substitute amend- for Federal convictions for forcible was the one abused—actually being ment requires that 30 percent of the rape. The majority bill even eliminates abused by Ms. Poner. Ms. Poner never STOP grants and grants for arrest poli- the 5-year mandatory minimum sen- was allowed to share her side of the cies and protection orders are targeted tence for this crime that was in the bill story. The immigration service be- on sexual assault. The underlying bill last year and supported last year by lieved his claims and allowed him to sets aside only 20 percent for sexual as- the Judiciary Committee. remain in the United States. sault. Child pornography is an actual Our committee also received written The substitute requires that training record of a crime scene of violence statements from more than 20 individ- materials be approved by an outside ac- against women. Our alternative amend- uals who maintained they were victims credited organization to ensure that ment establishes a 1-year mandatory of marriage fraud or were falsely ac- those who address domestic violence minimum sentence for possession of cused as part of the Violence Against help victims based on knowledge and child pornography where the victim de- Women Act self-petitions. These wit- not on ideology. That will result in picted is under 12 years of age. I believe nesses told of their firsthand experi- more effective assistance to the vic- the mandatory minimum for this crime ences and how foreign nationals prey tims. The underlying bill contains no should be higher and that in light of on U.S. citizens simply to get a green such requirement. the systematically lenient sentences card. The U.S. citizens thought it was The substitute protects due process that too many Federal judges hand all for love, but after saying ‘‘I do,’’ the rights the majority bill threatens. out, there should be a mandatory min- foreign national lodged false allega- Now, I am sure the majority writers imum sentence for all child pornog- tions, sometimes of physical abuse, in don’t feel their bill threatens due proc- raphy possession convictions. But the order to get out of the marriage, col- ess rights, so let me explain. The ma- substitute at least is a start. This is es- lect alimony, and secure a green card. jority bill says that college campuses pecially true because the majority bill Witnesses have said their side of the must provide for ‘‘prompt and equi- takes no action against child pornog- story was never—never—heard because table investigation and resolution’’ of raphy. under the process used by the U.S. Citi- charges of violence or stalking. This Our alternative also imposes a 5-year zenship and Immigration Services, the essentially does nothing but codify a mandatory minimum sentence for the citizen’s side of the story is not consid- proposed rule of the Department of crime of aggravated sexual assault. ered. The U.S. Citizenship and Immi- Education that would have required This crime involves sexual assault gration Services handles all of these the imposition of a civil standard or through the use of drugs and by other- green card applications in one service preponderance of the evidence for what wise rendering the victim unconscious. center that relies exclusively on paper, is essentially a criminal charge—one The underlying bill does nothing about without interviewing either the alleged that, if proved, rightfully should harm aggravated sexual assault. The status abused foreign national or the accused reputation. But if established on a quo appears to be fine for the other citizen. barely-more-probable-than-not stand- side. To this day, I am disappointed that ard, reputations can then be ruined un- The Republican substitute estab- antifraud measures have not been in- fairly. The substitute eliminates this lishes a 10-year mandatory minimum cluded in the Violence Against Women provision as well as another provision sentence for the crime of interstate do- Act. We cannot allow a law intended to that allowed the victim who could not mestic violence that results in the prevent abuse to be manipulated as a prove such a charge even under this re- death of a victim. It increases from 20 pathway to U.S. citizenship for foreign duced standard to appeal if she lost, to 25 years the statutory maximum con artists and criminals. If we are creating a kind of double jeopardy. sentence for the crime where it results The majority bill also would give In- in life-threatening bodily injury to or truly concerned about helping and pro- dian tribal courts the ability to issue the permanent disfigurement of the tecting the victims of domestic vio- protective orders and full civil jurisdic- victim. It increases from 10 to 15 years lence, then we should include a provi- tion over non-Indians based on actions the mandatory maximum sentence for sion that allows our immigration allegedly taken in Indian Country. this crime when serious bodily injury agents to hear both sides of the story Noting that the due process clause re- to the victim is the result. The under- when a foreign national applies for a quires that courts exercise jurisdiction lying bill contains none of these impor- green card after alleging domestic vio- over only those persons who have tant protections for domestic violence lence by a U.S. citizen. ‘‘minimum contacts’’ with the forum, victims. So my amendment, obviously, ad- the Congressional Research Service has Also included in my substitute are dresses this fraud. It would require an raised constitutional concerns with commonsense immigration reforms interview of the applicant and allow this provision. The substitute contains that put integrity back into the Vio- the government to gather other evi- provisions that would benefit tribal lence Against Women Act self-peti- dence and interview other witnesses, women and would not run afoul of the tioning process and the U visa pro- including the accused U.S. citizen or Constitution. gram. legal permanent resident. Tribes could seek protective orders in This last Congress, the Judiciary Before adjudicating the self-petition, Federal court. The substitute estab- Committee heard the powerful testi- the government would have to deter- lishes up to $25 million for Federal mony of Julie Poner. She described her mine whether other investigations or prosecutors and magistrates to be personal experience as a victim of im- prosecutions are underway for the peti- placed near tribes for criminal domes- migration marriage fraud and with the tioning alien. If there are other allega- tic violence and sexual assault cases as fraudulent use of Violence Against tions or investigations pending, the im- well as to hear tribal motions for pro- Women Act self-petitions. Ms. Poner migration adjudication would have to tective orders. told us she married her husband in the consider all facts. The grant funds are paid for by re- Czech Republic and moved her husband The second immigration-related sec- ducing the overhead of other Justice and kids back to the United States. tion of my amendment would strength- Department grant funds. However, Within days of receiving notice of an en the requirements of a U visa. Under there will be no reduction in available interview with the immigration service current law, the requirements for re- grants for law enforcement or victims. to finalize her husband’s immigration ceiving a U visa are generous. My

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S509 amendment implements some common- path to citizenship. It is time that The Republican substitute abandons sense requirements to guide law en- these offenses were classified as an ag- VAWA’s historic emphasis on abuse of forcement who help sponsor these indi- gravated felony. It is time to get these women. Women are still more often the viduals. people off the streets. Residing in the victims of domestic and sexual vio- In addition to confirming that the United States is a privilege, not a lence with more catastrophic results. alien has been helpful, each law en- right. The Republican substitute not only forcement certification will also have The Congress has every prerogative fails women, it also fails to guarantee to confirm that, one, the alien reported to dictate which behavior is accept- that services will actually reach those the criminal activity to a law enforce- able, especially for noncitizens who victims who have in the past been un- ment agency within 120 days of its oc- should be of ‘‘good moral character.’’ able to access them because of their currence; two, the statute of limita- Last Congress, the Judiciary Com- sexual orientation or gender identity. tions for prosecuting an offense based mittee adopted an amendment to this We should listen to those on the on the criminal activity has not lapsed; bill that would have classified habitual front lines of these tragedies who have three, the criminal activity is actively drunk driving offenses as aggravated told us about underserved communities under investigation or a prosecution felonies. But in the bill before us now, needing protection. We should respond has been commenced; and, four, and the majority has dropped that provi- to law enforcement when they tell us last, the alien has information that sion. I cannot understand why we about the importance of the U visa pro- will assist in identifying the perpe- would be so lenient with respect to ha- gram, which enables them to take dan- trator of the criminal activity and/or bitual drunk drivers. gerous people off the street. We should the perpetrator’s identity is known. When we get to amendments—the not adopt the measures included in the With these changes, U visas will be- substitute I just talked about—I intend Republican substitute that would make come a true law enforcement tool. The to offer that substitute, and I would it more difficult for victims to apply for U visas. The Republican substitute additional requirements will ensure urge my colleagues to support the would abandon our provisions that ad- that the help given is real and signifi- amendment. dress domestic and sexual violence in cantly advances an actual investiga- I yield the floor. tribal areas, which has reached epi- tion and prosecution. The PRESIDING OFFICER (Ms. WAR- demic proportions with rates of victim- Another immigration-related section REN). The Senator from Vermont. ization far exceeding those in the gen- of my amendment includes a Govern- Mr. LEAHY. Madam President, the eral population. Taking money from ment Accountability Office report to Republican substitute bill being offered by the Senator from Iowa does not other Justice Department programs to assess the efficiency and reliability of impose Federal judges and prosecutors meet the needs of victims of domestic the process for reviewing applications on Indian lands is costly, unworkable violence, dating violence, sexual as- for U visas and self-petitions under the and a non-solution to the problem. The sault, and stalking. Respectfully, I Violence Against Women Act, includ- bipartisan reauthorization bill, by con- must say it is a poor substitute for the ing whether the process includes ade- trast, takes the approach recommended bipartisan Violence Against Women quate safeguards against fraud and by our Committee on Indian Affairs. Reauthorization Act we developed over abuse. We include local, community-based ap- It will also identify possible improve- the last 2 years that has 62 bipartisan proaches to domestic violence that ments in order to reduce fraud and Senate cosponsors. I urge Senators to have worked so well in so many VAWA abuse. vote against it. programs. Federal prosecutors already The Leahy-Crapo Violence Against The final immigration provision I have authority to prosecute on these want to highlight in my substitute Women Reauthorization Act already lands and have not solved the problem. would allow the U.S. Government to reflects many efforts we have under- Federal judges have plenty to do and deport repeat drunk drivers. Section taken to address the concerns of Sen- our Federal courts are stretched thin 1005 would add habitual drunk driving ator GRASSLEY and to meet Republican with 83 current vacancies. Giving to the list of aggravated felonies for members halfway, and to accommodate tribes the authority to prosecute those which an alien may be deported. them where we could. Our bill includes who commit violence against Indian Every day—every day—an innocent significant new accountability provi- victims on Indian land is a better and life is taken because someone decides sions modeled on language Senator less costly solution than bringing in to drink and drive. An individual who GRASSLEY had us include in the Traf- large numbers of Federal officials to gets behind the wheel after drinking is ficking Victims Protection Act. Indian country. not exercising sound judgment. Our bill significantly reduces author- All these differences are in the wrong Under the Immigration and Nation- ization levels to all programs. This is direction and would result in leaving ality Act, foreign nationals are re- the first time a reauthorization re- victims out. The Grassley substitute quired to be of ‘‘good moral character’’ duced authorization levels, and we do also includes costly and inefficient bu- before they are able to adjust status or so by almost 20 percent. Our bill con- reaucratic provisions that could cripple become citizens of the United States. solidates and streamlines 13 programs. the delivery of needed services to vic- Unfortunately, habitual drunk driving Our bill limits the percentage of grants tims and tie up the work of the Justice does not stand in one’s way from gain- that organizations can use for planning Department’s Office of Inspector Gen- ing these benefits. In other words, it is purposes. In drafting our bill, we elimi- eral. not a deportable offense. nated several provisions that Senator In contrast to the Republican sub- There are numerous stories about in- GRASSLEY indicated were problematic. stitute, the bipartisan VAWA reauthor- dividuals who have taken innocent We took these steps in an effort to ization bill responds to the needs we lives because they were driving under work together to pass a bipartisan bill. have heard from the professionals, in- the influence of alcohol. In 2011, an un- The proposed substitute bill would cluding law enforcement, who work documented alien in Cook County, IL, remove fundamental points of fairness every day to help victims of domestic killed a man in a drunk driving acci- that are at the core of this legislation. violence, sexual assault, dating vio- dent. Unfortunately, he was released We need to cover everyone who experi- lence, and stalking. No one I have by the county, absconded, and remains ences domestic and sexual violence in worked with has identified Federal sen- in the United States. There was also a this country. No exceptions. tencing as an area requiring changes. Virginia man who killed a Catholic nun About 31⁄2 years ago, the Congress fi- The sentencing provisions in this sub- in Prince William County in 2010. He nally adopted the Matthew Shepard stitute, which include mandatory min- was an illegal immigrant and repeat of- and James Byrd Jr. Hate Crimes Pre- imum sentences, are unnecessary and fender and never should have been al- vention Act which protected those tar- counterproductive. In fact, leading sex- lowed to remain in the country. geted with violence in a similar way to ual assault advocacy groups like the There are many more cases, and, un- what we are considering today. We National Alliance to End Sexual Vio- fortunately, the law will allow drunk should not retreat from that position lence oppose mandatory minimum sen- driving to continue without repercus- when we are addressing domestic and tences because they have a chilling ef- sions for foreign nationals who are on a sexual violence. fect on reporting and prosecution of

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S510 CONGRESSIONAL RECORD — SENATE February 7, 2013 sexual assaults. The sentencing provi- tribal women the illusion of a solution that are at the core of this legislation. sions in the substitute make victims that courts may well strike down on We need to cover everyone who experi- and, by extension, our communities constitutional grounds in the future. ences domestic and sexual violence in less safe. I yield the floor, and I suggest the ab- this country, with no exceptions. We should not include extraneous sence of a quorum. Again, I have said 100 times on this provisions, as this substitute does, that The PRESIDING OFFICER. The floor, a victim is a victim is a victim; have nothing to do with domestic vio- clerk will call the roll. violence is violence is violence. You lence or sexual assault. Comprehensive The assistant legislative clerk pro- can’t say this victim will get protec- immigration reform is coming before ceeded to call the roll. tion, but this victim won’t get protec- us. The Judiciary Committee is hard at Mr. LEAHY. Madam President, I ask tion. The police never do that; we work on that. Proposals to change de- unanimous consent that the order for shouldn’t do it. portations may be appropriate in the the quorum call be rescinded. Also, this substitute abandons The PRESIDING OFFICER. Without context of comprehensive immigration VAWA’s historic emphasis on abuse of objection, it is so ordered. reform. They have nothing to do with women. Women are still more often the Mr. LEAHY. Madam President, I ask victims of domestic and sexual vio- VAWA. Yet they are included in the unanimous consent that the following Republican substitute. And when a pro- lence, with more catastrophic results. amendments be the only first-degree The substitute not only fails women, it vision of that type was included in the amendments in order to the bill: Grass- measure last year, its author nonethe- fails to guarantee that services will ac- ley substitute amendment No. 14, tually reach those victims who in the less opposed VAWA reauthorization. It Leahy amendment No. 21, Portman can be considered with comprehensive past have been unable to access them. amendment No. 10, Murkowski amend- Every previous reauthorization of immigration reform, not here. ment No. 11, Coburn amendment No. 13, VAWA has contained new protections Every previous reauthorization of Coburn amendment No. 15, and Coburn for immigrants and underserved com- VAWA has contained new protections amendment No. 16; that the time until munities. Our bill builds on that foun- for immigrants and underserved com- 4 p.m. be for debate on the Grassley dation with changes that are modest munities. Our bill builds on that foun- substitute; that the debate be equally and are widely supported by faith- dation with changes that are modest divided between the two leaders or based organizations, the law enforce- and widely supported. their designees; that at 4 p.m. the Sen- ment community, and those who work The Republican substitute would gut ate proceed to vote in relation to the against domestic violence. core provisions of our bipartisan legis- Grassley substitute amendment; that We have gone all over this country to lation that we all know we need and there be no amendments in order to find the best way to do this. This is that professionals in the field tell us any of the amendments on this list what we have done in this bill. And are needed. I thank Senator CANTWELL, prior to votes in relation to the amend- what bothers me the most about the Senator KLOBUCHAR, and Senator DUR- ments; that when the Senate resumes substitute is that it guts the core pro- BIN for their excellent statements in consideration of the bill following any visions of our bipartisan legislation. opposition and urge all Senators to op- leader remarks on Monday, February We know we need these services, and pose the substitute and support the bi- 11, the time until 5:30 p.m. be equally professionals in the field tell us they partisan Violence Against Women Re- divided between the two leaders or are needed. Look at what we have in authorization Act. our bipartisan reauthorization bill. It I yield the floor. their designees prior to votes in rela- tion to the remaining amendments and responds to the needs we have heard of The PRESIDING OFFICER. The Sen- from the professionals, including law passage of the underlying bill as ator from Iowa. enforcement. These are the people who amended, if amended; further, that Mr. GRASSLEY. Madam President, I work every day to help victims of do- Senator CORNYN have 45 minutes under listened to everything the chairman mestic violence and sexual assault and his control on the Republican side; and said. I am not going to rebut point by dating violence and stalking. point. I wish to take a little bit of time there be 2 minutes equally divided No one I have worked with has iden- to emphasize the key points I have prior to each vote. tified Federal sentencing as an area tried to make. In a sense, I might be The PRESIDING OFFICER. Without that requires changes, so the sen- asking the chairman to think in terms objection, it is so ordered. tencing provisions in the substitute are Mr. LEAHY. Madam President, I sug- of what we are trying to accomplish unnecessary and counterproductive. gest the absence of a quorum, and I ask just on a couple of points. Earlier I went through this I think unanimous consent that the time dur- First of all, I think this is pointed point by point. I won’t repeat that, but ing the quorum be equally divided. I would say to all the Members of this out with the underlying bill that some- The PRESIDING OFFICER. Without how all victims are not protected. The body, Republicans and Democrats objection, it is so ordered. alike, who have worked to craft this bi- point is, that for however many years The clerk will call the roll. partisan piece of legislation: Please now—I suppose it is 25 years that this The bill clerk proceeded to call the vote against this substitute amend- legislation has been on the books—all roll. victims are protected under the sub- Mr. LEAHY. Madam President, I ask ment, because it is nothing, nothing at stitute and, I want to emphasize, under unanimous consent that the order for all like what we have worked on. Madam President, what is the current law. the quorum call be rescinded. amendment before us now? It was then-Senator BIDEN, now Vice The PRESIDING OFFICER. Without The PRESIDING OFFICER. The President BIDEN, writing the current objection, it is so ordered. amendment has not yet been offered. law. His law did not discriminate. As Mr. LEAHY. Madam President, I Mr. LEAHY. Madam President, under Senator LEAHY says, those who provide have spoken on this earlier, but I the unanimous consent request agree- domestic violence services believe a would just tell my colleagues why I ment, am I correct the Grassley sub- victim is a victim. They do not dis- will oppose this substitute which will stitute is to be voted on in about 30 criminate. be voted on in a few minutes. The sub- seconds? On another point about the tribal stitute does not meet the needs of vic- The PRESIDING OFFICER. The Sen- courts, I made reference to the Con- tims of domestic violence or dating vi- ator is correct. gressional Research Service when I olence or sexual assault or stalking. I Mr. LEAHY. Madam President, nor- gave my longer remarks on this point think it is a poor substitute for the bi- mally I would call it up, but I under- of questionable constitutional issues. partisan Violence Against Women Re- stand Senator GRASSLEY is almost As for the tribal court provisions, the authorization Act that we have devel- here. As a matter of courtesy, I will Congressional Research Service has oped over the last 2 years, and which not call it up; but if there is going to raised serious constitutional problems has 62 bipartisan Senate cosponsors. be a delay, because people are expect- both with respect to the authority of That is why I will urge Senators to ing this 4 o’clock vote— tribal courts to prosecute non-Indians vote against it. Mrs. BOXER. Parliamentary inquiry, and the constitutional rights of non-In- The proposed substitute bill would Madam President: What is the order dians. What is very cruel is to provide remove fundamental points of fairness right now?

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S511 The PRESIDING OFFICER. The Stabenow Udall (NM) Whitehouse The very first bill he introduced as a Tester Warner Wyden order is for the Grassley substitute to Udall (CO) Warren Senator speaks to the kind of person he be offered and voted upon. is and the issues he cares about. He in- Mrs. BOXER. At 4 o’clock? NOT VOTING—1 troduced a bill to end discrimination The PRESIDING OFFICER. At 4 Coburn by credit card companies. Two Con- o’clock. The amendment (No. 14) was rejected. gresses ago we did some real good re- Mrs. BOXER. Due to what is hap- The PRESIDING OFFICER. The ma- forms during the credit card debate. pening here, I would say that if he jority leader is recognized. Senator LEVIN was involved in that, as doesn’t make his presentation in 5 min- CARL LEVIN’S12,000TH VOTE well he should have been, because he utes that we could vote. Mr. REID. Mr. President, a few min- was the first to bring to the attention AMENDMENT NO. 14 utes ago Senator CARL LEVIN cast his of the American people what needed to 12,000th vote. It is my honor to say a Mr. MCCAIN. Madam President, on be done. few words about CARL LEVIN. He has behalf of Senator GRASSLEY, and prob- He is also the chairman of the Senate served the State of Michigan for 35 ably to his dismay, I call up the Grass- Permanent Subcommittee on Inves- years and is the longest serving Sen- ley amendment. tigations, which for decades has done ator in the history of that State. Dur- The PRESIDING OFFICER. The great work for this country. Under his ing his 35 years in the Senate, he has clerk will report the amendment. guidance and leadership, it has done been known as a workhorse. If there is The assistant bill clerk read as fol- some remarkably good work. He was a problem that needs to be looked over lows: the one who delved deeply into the by someone who understands the issue, Enron collapse. Again, that committee The Senator from Arizona [Mr. MCCAIN], go to Senator LEVIN. He is a person has done a lot of work on abusive cred- for Mr. GRASSLEY, for himself, Mr. HATCH, who dots all the I’s and crosses all the and Mr. JOHANNS proposes an amendment it card practices. It is one of the main numbered 14. T’s. I depend—and have depended—on reasons we were able to get the credit him so much for issues that are dif- card reform done. Mr. MCCAIN. I ask unanimous con- ficult. sent that further reading be dispensed He led investigations in the 2008 fi- He is a native of Detroit and at- nancial crisis. He has looked very with. tended Swathmore College. He grad- The PRESIDING OFFICER. Without closely and did a wonderful report on uated—as I always remind him—from what I refer to as tax loopholes, and I objection, it is so ordered. Harvard Law School. I called them sev- (The amendment is printed in today’s think that is how he refers to it also. eral times, but obviously my applica- He has been one of the country’s lead- RECORD under ‘‘Text of Amendments.’’) tion was lost. I never heard back from The PRESIDING OFFICER. The ing experts—and certainly one of the them. leading experts in this body—of Amer- question is on agreeing to the amend- He served as general counsel to the ican manufacturers. We know that ment. Michigan Civil Rights Commission and manufacturing has had such strong Mr. LEAHY. Madam President, I ask as assistant attorney general for the forces in Michigan in years past and for the yeas and nays. State of Michigan. He ran for the De- they are coming back as a result of the The PRESIDING OFFICER. Is there a troit City Council and served two work the Michigan delegation has sufficient second? terms there. He was elected in 1978 to There appears to be a sufficient sec- the U.S. Senate where he has served six done, led by Senator LEVIN. He is someone who understands that ond. terms and is an effective champion for we have a new world, we have global The clerk will call the roll. the people of Michigan. The bill clerk called the roll. Public service runs in his family. markets, and we have to continue working hard to make sure we are a Mr. CORNYN. The following Senator SANDER LEVIN is his older brother, who is necessarily absent: the Senator from came to the House of Representatives part of that, and we are. He has fought to protect the Great Oklahoma (Mr. COBURN). in 1982 with me, Durbin, Carper, Boxer, Lakes—Michigan’s signature natural The PRESIDING OFFICER (Mr. to name just a few. resource. COONS). Are there any other Senators Senator LEVIN has heard me say this He is married to Barbara, a wonder- in the Chamber desiring to vote? several times, and I will continue to ful woman, who has been so thoughtful The result was announced—yeas 34, say it because it is one of the most im- and kind to me, but especially my wife, nays 65, as follows: pressive, memorable statements I have during her recent illness. They have [Rollcall Vote No. 13 Leg.] ever had in a very personal setting. I was in the House of Representatives, been married since 1961. They have YEAS—34 and I was thinking about running for three daughters and six grandchildren. Alexander Flake Portman the Senate. I went over to meet with CARL LEVIN is somebody whom I so Barrasso Graham Risch CARL LEVIN to get his ideas. As I was admire. He has a lot of service left in Blunt Grassley Roberts him. There are so many things he is ca- Boozman Hatch Scott trying to establish some rapport with Burr Heller Sessions him, I said: I am serving with your pable of doing as a result of the posi- Chambliss Hoeven Shelby tions he now holds in the Senate. The Coats Inhofe brother. He and I came here together. Thune Without hesitation and so sincerely, he one thing I admire so much about CARL Cochran Isakson Toomey Corker Johanns LEVIN—as I have already indicated—is Vitter looked up at me and said: Yes, he is my Cornyn Johnson (WI) Wicker brother, but he is also my best friend. how strongly he feels about his family. Enzi McCain He and his brother have a piece of prop- Fischer McConnell I have never, ever forgotten that. That speaks so well of the Levin fam- erty in Michigan. They call it the tree NAYS—65 ily. Sandy has been the chair of the farm. In Searchlight I still have my Ayotte Feinstein McCaskill House Ways and Means Committee and hat they gave me that says ‘‘Tree Baldwin Franken Menendez Farm.’’ He has talked to me on many Baucus Gillibrand Merkley is now the ranking member of the Begich Hagan Mikulski House Ways and Means Committee. occasions—we haven’t talked lately— Bennet Harkin Moran CARL is very proud of his brother’s about how he and his brother like to Blumenthal Heinrich Murkowski service, as Sandy is proud of the serv- walk on their tree farm. There is noth- Boxer Heitkamp Murphy ing there but trees, but it is an occa- Brown Hirono Murray ice of his brother. Cantwell Johnson (SD) Nelson CARL LEVIN has been the chair of the sion for them to be together as broth- Cardin Kaine Paul Armed Services Committee, which of ers. Carper King Pryor course is one of the most important Congratulations to CARL LEVIN on Casey Kirk Reed Collins Klobuchar Reid and powerful committees in the entire reaching this impressive milestone of Coons Landrieu Rockefeller Congress. He is a respected voice on 12,000 votes. Not only has he left that Cowan Lautenberg Rubio issues dealing with national security. mark—he left that mark in my mind Crapo Leahy Sanders He has done so much to improve the and anyone who has served with him— Cruz Lee Schatz Donnelly Levin Schumer status of men and women in the mili- but he has left his mark as being an ex- Durbin Manchin Shaheen tary for our great country. traordinary man.

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S512 CONGRESSIONAL RECORD — SENATE February 7, 2013 The PRESIDING OFFICER. The Re- with family. I would like to thank ev- I want to mention that because eight publican leader. eryone for mentioning my family. of us, on a bipartisan basis, did some- Mr. MCCONNELL. Mr. President, it I am blessed with a staff that is led thing which we believe very deeply has been my honor to have served with by David Lyles. I have great friend- about as a way of avoiding what was the senior Senator from Michigan for ships here in this body and there is no called the nuclear option. If that were almost three decades now, and I too substitute for the kind of friendships used, it would have led to a change in want to rise and congratulate him on and relationships which make this a way which was not provided for in achieving this milestone. There is no body work. Even when it doesn’t ap- the rules. Under the rules, this is a Member of the Senate who is brighter pear to be working, it is working. I continuing body. If that were used, it or more hard working. We have had a know the public gets frustrated with us could have gone around the rules and good example of that here in the last at times, but this is an extraordinarily essentially put the Presiding Officer in couple of months of Senator LEVIN’s re- resilient body. the position of ignoring the advice of spect for the institution and his desire Many times during the 34 years I our Parliamentarian and saying that to protect the traditions of this insti- have been here there have been periods we could, by majority vote, do some- tution. I want him to know that he is when we have been frustrated in terms thing which our rules say could only be widely respected all throughout the of getting our work done, but we pull done by two-thirds of us. That would Senate, and particularly on this side of through in this wonderful, noble insti- have done severe, long-lasting damage the aisle. tution. This venerable institution is to this institution. We were able to I congratulate him for this important being protected here by people who avoid that, Democrats and Repub- achievement and look forward to work- love it, and I cherish those relation- licans—well beyond the eight of us—in- ing with him in the future. ships with the people who do cherish cluding the Presiding Officer, who was The PRESIDING OFFICER. The Sen- this body and what it uniquely stands so helpful to me in working through ator from Michigan. for in the world. There is no other body this idea and giving me suggestions. I Ms. STABENOW. Mr. President, I like it in the world. I only wish that am very grateful to him for the kind of rise to congratulate my friend and col- people such as Robert Byrd and Danny suggestions and conversations we had. league, the senior Senator from Michi- Inouye could live forever to help pro- We were able to work through an issue gan. This is the day he has cast his tect this body, but that is not the case. on a bipartisan basis and then the body 12,000th vote. What is most significant I want to mention one other thing. I came together and about 80 or more is not the quantity of his votes, but the am very grateful to Senator REID and voted for these procedural changes. I quality of his votes. Each one of those Senator MCCONNELL for their com- thought it was a great day, personally. has had Michigan’s face on it when he ments. I wanted to speak about some- I know that. I know the eight of us feel cast those votes. thing Senator MCCONNELL referenced. very strongly about the important con- As our majority leader indicated, A few weeks ago this body did some- tribution we made to this body, work- Senator LEVIN has been a champion for thing which was very bipartisan and ing together. So we feel very good the automotive industry, manufac- very essential to its health and its sur- about it. I hope over time some of the turing, his beloved Detroit, our beau- vival, and that was to make sure we people who were critical of it will see it tiful and wonderful Great Lakes, the continue to protect the minority but as being a significant advance in mak- Department of Defense and, more par- not to overprotect the few Members if ing this body work better, allowing us ticularly, the men and women who those Members take excessive advan- to work our will. I wanted to mention serve us every day. tage of our rules. that because it was mentioned by one I rise on behalf of everyone in Michi- Eight of us got together. Senator of our leaders—Senator MCCONNELL— gan to say how proud we are of Senator MCCAIN and I pulled together three and I know Senator REID worked so LEVIN. We have great confidence in his Democrats and three Republicans. For closely with him and his staff, and they judgment, integrity, and hard work. In many weeks we worked together, with- helped us through a very difficult situ- my book, there is nobody better. out staff, and came up with an alter- ation which would have, if not resolved Of course, I am very thrilled with the native which the leaders used to work on a bipartisan basis, created some real wonderful family he and Barbara have. through this complicated situation we problems for the ongoing operations of He is ahead of me on grandchildren, found ourselves in relative to the rules. this body. but I am working on it. He is not only On the Democratic side, we had Sen- So I thank our leaders. I thank Sen- someone with the right ethics, integ- ator SCHUMER, Senator CARDIN, and ator REID, of course, who is such a dear rity, and love for his family, nobody Senator PRYOR, and on the Republican friend, and I thank him for not just fights harder and does the right thing side we had Senator ALEXANDER, Sen- mentioning my beloved wife Barbara for Michigan more than CARL LEVIN. ator Kyl, and Senator BARRASSO join but also my brother Sandy. I join in congratulating him. Once Senator MCCAIN and me. I believe it I yield the floor and note the absence again I want to say it is not about the was one of the most important things of a quorum. number of votes but the quality of we have done in recent years here, The PRESIDING OFFICER. The votes. Every one of those 12,000 votes which was to change the procedures. clerk will call the roll. has had Michigan’s name on it. They were not working. They were The bill clerk proceeded to call the The PRESIDING OFFICER. The Sen- being used to frustrate efforts to get roll. ator from Michigan. legislation to the floor. The PRESIDING OFFICER. The Sen- Mr. LEVIN. Mr. President, first I We had to do that. We had to do ator from North Dakota. want to thank my dear colleague from something to change the rules which Mr. HOEVEN. Mr. President, I ask Michigan, Senator STABENOW. We have were being misused in terms of unanimous consent that the order for worked so closely together on Michi- postcloture hours. There were judges the quorum call be rescinded. gan issues. She is one great partner, who were going to be approved by votes The PRESIDING OFFICER. Without and I am proud to represent Michigan of 95 to 1 or 2, and those postcloture objection, it is so ordered. with her at my side and her as a part- hours were being used to stall the Sen- KEYSTONE XL PIPELINE ner. ate. We took care of that situation. We Mr. HOEVEN. Mr. President, I rise to Talking about partners, my wife Bar- acted on a bipartisan basis, and hope- speak on the Keystone XL Pipeline bara has been married to me for 51 fully that spirit of bipartisanship, project. years, and she is my lifelong—excuse which is so essential to making this Gas prices are now about $3.50—actu- me. I have to straighten this out. My place work, will continue and be given ally, $3.53—a gallon, which is up over 90 brother is my lifelong best buddy. He a boost not just by what the leaders es- percent since President Obama took of- was there when I was born. I have to sentially did in accepting our rec- fice. Economic activity for the fourth modify what Senator REID said. For ommendations on these procedural quarter of 2012 declined by one-tenth of the last 51 years, my wife has been my changes but will now apply and work 1 percent. It was projected to go up by best buddy, and my brother has been with other efforts that will be under- about 1 to 1.2 percent, and actually it my second-best buddy, but I am blessed way in this Congress. declined by one-tenth of 1 percent.

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S513 Still, the President refuses to approve from the State Department. Let me Mr. President, we consider the Keystone a multibillion-dollar project—the Key- read that letter. It is very short too. It XL Pipeline fundamentally important to the stone XL Pipeline—that will provide is from David S. Adams, Assistant Sec- future economic prosperity of both the United States and Canada. energy, create jobs, generate tax rev- retary of Legislative Affairs at the U.S. We strongly urge you to issue a Presi- enue, and help reduce our dependence Department of State. Basically, it dential Permit and act swiftly to approve on oil from the Middle East. He is still says: the Keystone XL pipeline. delaying even though every State on Thank you for your November 16 letter to It is signed by Governors—now, re- the pipeline route has consented to the President Obama concerning the status of member, Senator BAUCUS and I have project. So every single State on the the administration’s review of been working on this on behalf of Mon- route has approved the project and will TransCanada’s new application for a Presi- tana. You have Nebraska here. Gov- dential Permit for the proposed Keystone XL have better environmental stewardship ernor Heineman just sent in a letter. with the project than without it. Let pipeline project. We have been asked to re- spond on behalf of the President. Here are some of the other Governors me repeat that. Every State on the on this letter: Gov. Sam Brownback route has approved the project and will The letter then kind of goes: Yes, we from Kansas, Gov. Jack Dalrymple have better environmental stewardship recognize it is an important project. from North Dakota, Gov. Dennis with the project than without it, and We are looking at it. We are doing Daugaard from South Dakota, Gov. yet the President continues to delay. some more draft supplemental reviews, Let me elaborate. Recently, a group and we hope this information is helpful Mary Fallin from Oklahoma, Gov. Rick of 53 Senators, both Republicans and to you. Please do not hesitate to con- Perry from Texas, in addition to other Democrats, signed a letter that I tact us if we can be of further assist- Governors who are not on the route, helped organize to President Obama ance. such as Gov. Butch Otter of Idaho, Gov. asking him to approve without delay That is the extent of the response. Brian Sandoval of Nevada, Gov. Matt Mead of Wyoming, Gov. Jan Brewer of the Keystone XL Pipeline project. The So it has now been more than 41⁄2 letter was signed by a majority of the years since the permit applications Arizona—Republicans and Democrats. Senate within just 1 day—1 day—of Ne- were submitted to the State Depart- But the point is that on the whole braska Governor Dave Heineman’s ap- ment for this vital energy project. Yet, route, all the Governors have written proval of a new route through his State even with an exhaustive review proc- and said: Hey, let’s do this. Let’s do it. So what is going on here? Why does of Nebraska. The new path addressed ess, the consent now of every State the President continue to delay the Nebraska’s concerns about the route, along the route, the backing of a ma- as well as the President’s, by circum- project? jority of Congress, and the support of The long wait for approval is dis- venting the environmentally sensitive the American people, the Keystone XL maying enough, but it represents a Sandhills region, effectively removing Pipeline project is still languishing at the last obstacle to approval. larger issue for our Nation and begs a the hands of the President of the bigger question for policyholders: How Prior to sending this letter, in No- 1 United States—after 4 ⁄2 years. will America ever build an ‘‘all of the vember Senator MAX BAUCUS and my- Let me expand on the point about all above’’ energy policy if the President self organized a similar letter—that of the States on the route approving takes nearly 5 years to approve one was in November—signed by nine Re- the project. After Governor Heineman, piece of an inclusive plan, particularly, publican Senators and nine Democratic on behalf of the State of Nebraska, as I say, after everybody on the route Senators asking to meet with the sent a letter to the President approv- has said: Hey, can we do this after 5 President to discuss the many benefits ing the project, which happened just years, please. Can we move forward, that accrue to our Nation by building several weeks ago, after I worked with the Keystone XL Pipeline. Now, let me Mr. President? Senator BAUCUS and others to get 53 To account briefly, this $7 billion, read that letter. It is very short. Senators in 1 day on a letter saying to With the elections of 2012 behind us, we 1,700-mile, high-tech pipeline will carry the President, let’s get this approved, oil not only from Alberta, Canada, to write to remind you of the continuing impor- the Governors along the route also sent tance of the Keystone XL Pipeline. We want refineries in Oklahoma and the Texas to work together to keep creating jobs, and a letter to the President saying, hey, gulf coast, but it will also carry grow- Keystone XL is one vital piece of the puzzle. let’s approve the project. ing quantities of U.S. sweet crude from We would like to meet with you in the near So now you have every single State the Bakken oilfields in North Dakota future to discuss this important project. saying—every single State on the route and Montana. Even by modest esti- Setting politics aside, nothing has changed saying: Hey, fine, let’s do the project— about the thousands of jobs that Keystone mates, it will create tens of thousands every single one. of jobs, boost the American economy, XL will create. Nothing has changed about Here is the letter. It also includes the and raise much needed revenues for the energy security to be gained through an Honorable Brad Wall, the Premier of important addition to the existing pipeline State and Federal governments. We Saskatchewan. The pipeline passes network built with sound environmental have a deficit. Here is a project to get through Saskatchewan as well. I am stewardship and the best modern technology. substantial tax revenue without rais- not going to read the whole letter but Nothing has changed about the security to ing taxes, through economic activity, be gained from using more fuel produced at just a few excerpts. through job creation. home and by a close and stable ally. And Dear Mr. President: nothing has changed about the need for Further, and perhaps most impor- As you begin your second term, we are tantly, it will help put our country America to remain a place where businesses writing to respectfully urge you to move for- still build things. ward on the Keystone XL Pipeline project. within striking range of a long-sought We hope that you will follow through on The energy relationship between the goal: true energy security. For the first your directive of March 22, 2012, to Federal United States and Canada is vital to the fu- time in generations, the United States, agencies to move forward vital energy infra- ture of both our countries. It is an interest with its friend and ally Canada, will structure like Keystone XL. The state of Ne- we share, transcending political lines and ge- have the capacity to produce more en- braska is nearing completion of the new ographic boundaries. pipeline route within Nebraska. With that ergy than we use, reducing or elimi- process near completion, we look forward to The letter goes on and talks about nating our reliance on the Middle East an affirmative determination of national in- how the project is crucial to U.S. en- and other volatile parts of the world. terest soon. ergy security, working with Canada for The argument has been advanced We sent that letter to the President our energy rather than getting it from that the oil sands will increase carbon in November—a bipartisan letter, nine the Middle East. emissions and that failing to build the Republican Senators, nine Democratic The letter talks about ‘‘thousands of Keystone XL will somehow reduce Senators. To date, we have received no jobs’’ the project creates not only emissions. But let’s look at that claim. direct response from the White House building this $7 billion pipeline but That is the other piece. Let’s look at despite the fact that there is clearly then all the jobs that go to the refin- the environmental aspects of this strong bipartisan support for the eries and the other activities that go project. project. with it. And it talks about safety, effi- Today, more than 80 percent of all The only response we received was ciency, and reliability. new recovery in the oil sands is being not from the White House but, rather, The letter concludes: accomplished ‘‘in situ,’’ a technology

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S514 CONGRESSIONAL RECORD — SENATE February 7, 2013 that makes the oil sands’ carbon foot- pacts’’ on the environment. That is His Medal of Honor citation reads: print comparable to conventional drill- what the administration determined in Undeterred by his injuries, Staff Sergeant ing. In fact, the oil sands industry has their own NEPA process. Romesha continued to fight and upon the ar- reduced greenhouse gas emissions per And that raises another point. The rival of another soldier to aid him and the barrel of oil produced by an average of White House says: Well, we do not want assistant gunner, he again rushed through 26 percent since 1990, with some facili- to get ahead of the process. But the the exposed avenue to assemble additional soldiers. ties achieving reductions as high as 50 President effectively abandoned the With complete disregard for his own safe- percent. Today, heavy crude oil from process more than a year ago when he ty, he continually exposed himself to heavy the Middle East and even from Cali- halted the project by Executive action. enemy fire as he moved confidently about fornia produces more carbon emissions Had he not, the State Department, in the battlefield engaging and destroying mul- over its life cycle than the Canadian oil keeping with the usual process, would tiple enemy targets. sands. Let me repeat that. Today, have issued a decision on the permit— Staff Sergeant Romesha exemplified heavy crude that we import from the after 4 years—by December 2011, ac- the valor that President Theodore Roo- Middle East and even some of the Cali- cording to a letter Secretary Clinton sevelt—also a Medal of Honor recipi- fornia heavy crude produce more car- sent to me in August 2011. ent—spoke of when he said: ‘‘Courage bon emissions over their life cycle than I have worked toward approval of the is not having the strength to go on; it Canadian oil sands. Keystone XL Pipeline—first as the is going on when you don’t have the We also need to factor in that if the Governor of North Dakota and now as strength.’’ pipeline is not built from Alberta to a Senator—because I believe it is just Despite his wounds, Sergeant the United States, a similar pipeline the kind of project that will grow our Romesha never stopped fighting. He will be built to Canada’s Pacific coast. economy and create the jobs our coun- stayed in the battle—leading his team, That is what I show right here on this try so desperately needs, and it will do directing air support, protecting chart. From there, the oil will be so with good environmental steward- wounded soldiers, and helping to re- shipped across the Pacific Ocean, a ship. At the same time, it will reduce cover the bodies of his fallen friends. much larger, sensitive ecosystem than our dependence on the Middle East for The battle lasted for 12 hours. Eight the Sandhills—which we are not even oil, which is what the American people soldiers lost their lives, and 22 were going through now—to be refined at fa- have desired for decades. The Keystone wounded—a fact that Romesha humbly reminds us of whenever his bravery is cilities in China with weaker environ- XL Pipeline project is long overdue. touted. mental standards and more emissions For the benefit of our economy, our en- In fact, Sergeant Romesha said: than facilities in the United States. vironment, and our long-term energy security, President Obama needs to ap- What I got injured with was nothing. I The United States, moreover, will con- have buddies who lost their eyesight, who tinue to import oil from the Middle prove it now, without further delay. Mr. President, I ask unanimous con- lost limbs. For that, I would rather give East, again, on tankers. Factor in the them all the credit they deserve for the sac- cost of trucking and railing the prod- sent for several minutes on another rifices they made. For me, it was nothing. topic in regard to a recipient of the uct to market overland, and the result, To Sergeant Romesha, it was just Medal of Honor from my State of North contrary to the claims of opponents, doing his job. To the rest of us, he is a Dakota. will be more emissions and a less se- true example of courage and selfless The PRESIDING OFFICER (Mr. cure distribution system without the sacrifice. He went above and beyond MANCHIN). Without objection, it is so Keystone XL Pipeline project. the call of duty, repeatedly risking his ordered. Think about it. So we say: OK, we are life to defend his post and, more impor- TRIBUTE TO ARMY STAFF SERGEANT CLINTON not going to have this pipeline, even tantly, to help his fellow soldiers. We though we have built other pipelines ROMESHA Mr. HOEVEN. Mr. President, I rise are grateful for his service and for his already. We are not going to get oil today to honor one of our Nation’s true example to us all. from Canada. What happens? That oil Today, Clint resides in Minot, ND, heroes—Army SSG Clinton Romesha. goes to China, with higher emissions. On Monday the President will where he and his wife Tamara are rais- You are going to take it across the present Sergeant Romesha with our ing their three children. I am certain ocean, which is a greater risk than put- country’s highest military award—the he is every much the hero and inspira- ting it in a pipeline. You are going to Medal of Honor—for ‘‘acts of gallantry tion to them that his own grandfather have it refined in refineries in China, . . . above and beyond the call of was to him. My wife Mikey and I join our fellow which have much worse emissions duty.’’ standards than our own. And guess Clint comes from a long line of mili- North Dakotans and Americans in hon- what we get to do. Let’s see, we do not tary heroes. His father is a veteran of oring Sergeant Romesha for his heroic get the jobs. We do not get the tax rev- the Vietnam war. His grandfather and selfless service. We thank him for enues. Do you know what we do get to fought in the U.S. Army during World his exemplary actions on that dan- do? We get to continue to import our War II. Romesha often cites his grand- gerous day in Afghanistan and every oil from the Middle East. How does father as his greatest hero, so it was day he served our great country. With that, Mr. President, I yield the that sound? Is that a good idea with not surprising that Clint followed his floor and suggest the absence of a what is going on in Iran and with what example and joined the Army in 1999. is going on in Egypt and with what is Staff Sergeant Romesha showed quorum. The PRESIDING OFFICER. The going on in Syria—the risk that the courage every day that he donned his Strait of Hormuz could be blockaded or clerk will call the roll. Army uniform but especially on Octo- The assistant legislative clerk pro- that you could have further conflict ber 3, 2009, one of the deadliest days of ceeded to call the roll. over there that could cut off oil sup- the war in Afghanistan. On that day Mr. REID. I ask unanimous consent plies? Is that what the American peo- hundreds of Taliban fighters ambushed that the order for the quorum call be ple want? They want to continue to get American Combat Outpost Keating rescinded. oil from the Middle East rather than from all sides with grenades, machine The PRESIDING OFFICER. Without our closest friend and ally, Canada? guns, mortars, and rifles. Heavily out- objection, it is so ordered. The American people would rather that numbered, Clint Romesha and his fel- f oil go to China? Of course not. And low soldiers quickly fought back in that is what we are talking about with what would turn out to be a deadly MORNING BUSINESS this project. daylong battle. Mr. REID. Mr. President, I ask unan- Well, that raises another important Sergeant Romesha fought valiantly. imous consent that we proceed to point. The administration’s own State He darted into danger to draw out the morning business, with the Senators Department completed its 3-year Na- enemy many times. He himself took allowed to speak for up to 10 minutes tional Environmental Protection Act— out a machine gun team. Staff Ser- each. NEPA—review of the Keystone XL geant Romesha was working to take The PRESIDING OFFICER (Mr. project back in 2011 and determined out a second when he was wounded by COONS). Without objection, it is so or- that ‘‘there would be no significant im- shrapnel from an exploding grenade. dered.

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S515 TIMBUKTU ANTIQUITIES it impossible to assist the organization lumbus Resident Office, which oversaw Mr. LEAHY. Mr. President, there was in the kind of cultural preservation ac- all Secret Service activities in Central a lot of attention recently on the tivities it is now undertaking in Mali, Ohio. Twenty months later, Mr. Sul- French military’s operation to repel Is- which are clearly in the national inter- livan was promoted back to Wash- lamic extremists and Tuareg nation- est of the United States. There are ington, DC as Deputy Special Agent in alist rebels who had terrorized the many other examples, including World Charge of the Counterfeit Division, local population of northern Mali, in- Heritage Sites like the Great Barrier where he managed the agency’s inves- cluding in the ancient city of Tim- Reef, which UNESCO designates and tigative activities related to the crimi- buktu. That operation was widely wel- protects today without the support of nal production and distribution of comed by local Malian citizens and the the United States. Finally, if U.S. counterfeit currency and other finan- international community. Many of the funding is not restored before the end cial instruments. In July of 1999, he re- rebels are believed to be hiding out of this fiscal year, we will lose our vote turned to the Presidential Protective among the local population until the in the organization. Ironically, despite Division as an Assistant Special Agent French soldiers leave, so whether they PLO membership in UNESCO, Israel in Charge. are ultimately vanquished remains to has paid its dues through 2014. Presum- Mr. Sullivan was promoted into the be seen. It will depend in large measure ably, Israeli officials recognize, as we Federal Senior Executive Service in on the longer term capability of a mul- should, that their interests are far bet- July, 2000, when he was selected as a tinational force of African troops sup- ter served by participating in a U.N. Deputy Assistant Director in the Office ported by the United States and others. agency, not by watching from the side- of Protective Operations. In 2002, he Besides terrorizing, torturing, muti- lines. was reassigned to the position of Dep- lating, and slaughtering innocent peo- Mr. President, regardless of what one uty Special Agent in Charge of the ple, the rebels destroyed ancient may think about Palestinian President Vice Presidential Protective Division. tombs, shrines, and manuscripts dating Abbas’ effort to obtain U.N. member- A year later, he was reassigned to the to a period many centuries ago when ship for the PLO, and I am among position of Deputy Assistant Director Timbuktu was a crossroads for com- those who regard it as an unhelpful dis- of the Office of Human Resources and merce and a center of intellectual pur- traction, cutting off U.S. funding to Training. He next served as Assistant suits in northern Africa. I mention this UNESCO and thereby weakening our Director for the Office of Protective not only to inform those who may be influence and empowering our adver- Operations, where he oversaw all pro- unaware of Mali’s ongoing cultural im- saries makes no sense. It is time we tective activities for the agency, en- portance, but also to call attention to recognize that a law that might have compassing 12 divisions and 2,300 em- the fact that Irina Bokova, Director seemed sensible to some people years ployees. General of the United Nations Edu- ago has had unintended consequences Mr. Sullivan was named Deputy Di- cational, Scientific, and Cultural Orga- that run directly counter to our inter- rector in January, 2006 and on May 31, nization, commonly known as ests, and should be amended or re- 2006, he was sworn in as the 22nd Direc- UNESCO, has already pledged to recon- pealed. tor of the U.S. Secret Service. struct the damaged mausoleums. As f Prior to joining the Secret Service, she was quoted in the New York Times Mr. Sullivan spent 3 years as a special on February 4, 2013, ‘‘This is the record TRIBUTE TO MARK SULLIVAN agent in the Office of the Inspector of the golden ages of the Malian em- Mr. REID. Mr. President, I rise today General for the Department of Housing pire. If you let this disappear, it would to pay tribute to Mark Sullivan, who is and Urban Development. be a crime against humanity.’’ retiring from his position as Director Mark Sullivan has received numerous There are also little known heroes in of the United States Secret Service on awards for superior performance this otherwise humanitarian and cul- February 22, 2013. throughout his 34-year career in Fed- tural disaster. Malian residents, par- Serving as Director for nearly 7 eral law enforcement. In 2010 he was ticularly Ali Iman Ben Essayouti, who years, and working for five Presidents, recognized by President Obama as the knew the importance of priceless Mark Sullivan leaves his mark on the recipient of the Distinguished Presi- manuscripts preserved in a library agency by achieving such benchmarks dential Rank Award, which he also re- funded by international donors, includ- as the Secret Service Uniformed Divi- ceived in 2005 from then President ing the Library of Congress and De- sion Modernization Act, and the George W. Bush. Mr. Sullivan is to be partment of State, managed to care- Former Presidents Protection Act. He honored for his dedication and commit- fully move some of them to another lo- also oversaw the complete overhaul of ment to public service, devoting his cation where the rebels did not find the Secret Service IT Modernization life to the safety of our first families, them. As a result, although the rebels and Operation Mission Support, which our Nation’s leaders, and the general burned the library, only a small por- enhanced White House security. He led public. He has been a steadfast partner tion of the manuscripts were de- the effort to create the National Com- to the legislative branch, assisting stroyed. puter Forensic Institute in Hoover, AL, with State of the Union addresses, The other point of this is that, as and established numerous overseas Inaugurals and other joint partner- many Senators are aware, the United field offices to build partnerships be- ships. He will be greatly missed here in States, once the largest contributor to tween all levels of law enforcement. the Capitol and we wish him well in his UNESCO, including under President Mark Sullivan began his distin- future endeavors. George W. Bush, was forced to sever its guished 30-year career with the Secret A native of Arlington, MA, Mr. Sul- support last year due to a 1990s law Service as a special agent assigned to livan, who is from a large Irish Catho- that prohibits U.S. funding to any the Detroit Field Office in 1983. In 1990, lic family, received his bachelor’s de- United Nations-affiliated agency in Mr. Sullivan was transferred to the gree in Criminal Justice from Saint which the Palestinian Liberation Orga- Fraud Division in Washington, DC, Anselm College in Manchester, NH. He nization, PLO, obtains the same stand- where he coordinated and monitored and his wife of 26 years, Laurie have ing as a member state. After UNESCO’s multi-jurisdictional criminal inves- three daughters, one of which, Lauren, members voted, against the advice of tigations involving credit card fraud, has followed in her father’s footsteps Ms. Bokova, to grant the PLO that bank fraud, and other criminal activ- by entering public service after grad- standing, the law was triggered and ity. In 1991, Mr. Sullivan received his uating from college. She has worked U.S. funding abruptly ended. first assignment to the Presidential for the Senate Sergeant Arms for over This is illogical and self-defeating. Protective Division, where he served 4 3 years. A former boss once said of Sul- First, although the PLO was a terrorist years. livan, ‘‘If you were casting someone for organization in the 1990s, it is no In 1996, Mr. Sullivan was selected as the role of director of the Secret Serv- longer. Second, by cutting off our con- Assistant Special Agent in Charge of ice, he looks the part. He’s a tall, hand- tribution to UNESCO we not only em- the Office of Protective Operations. He some Irishman, with grey hair and the power its other members, including returned to the field in 1997 as the demeanor of a born leader.’’ I join with Russia, Iran, and Syria, we also make Resident Agent in Charge of the Co- my colleagues from both sides of the

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S516 CONGRESSIONAL RECORD — SENATE February 7, 2013 aisle in thanking Director Sullivan for Jim has served as my State director We wish him a wonderful retirement his outstanding service to our Nation. for more than a decade, but his public and want him to know we all appre- f service began many years ago. ciate his service and friendship. In 1967, Jim began his 45-year career f REMEMBERING CARDISS COLLINS in public service when he became a pa- CELEBRATING BLACK HISTORY Mr. DURBIN. Mr. President, today, I trol officer with the San Francisco Po- MONTH want to pay tribute to an exceptional, lice Department. Illinoisan who passed away this week- For 27 years he rose through the Mr. UDALL of Colorado. Mr. Presi- end. ranks of the police department, and he dent, for more than 150 years, leaders Congresswoman Cardiss Collins did it all. From street patrol to inves- from President Abraham Lincoln to Dr. served my State and the city of Chi- tigations, undercover assignment to a Martin Luther King Jr. have chal- cago with distinction for more than Federal liaison, Jim was given the re- lenged us to keep faith with the true two decades, and I was honored to have sponsibilities. spirit of our Constitution. Today we served with her in the House. From 1977 through 1986, during my continue the work of these two dy- Representative Collins did not plan tenure as mayor of San Francisco, Jim namic men who courageously led the for a political life. She was an account- was a senior staff member in the may- charge—during times of national divi- ant and a mother. But when her hus- or’s office. He was responsible for secu- sion and civil strife—in pursuing a band, Congressman George Collins, rity for both the mayor and visiting more perfect union where all Ameri- died in a place crash, Cardiss was con- dignitaries, and he served as my advi- cans are truly free and have equal ac- vinced to run in a special election to sor on law enforcement matters. cess to opportunity. succeed him. And she won, becoming Jim was at my side for many of the As we celebrate Black History Month the first African American woman most significant moments of my serv- this year, I am honored to reflect on elected to Congress from Illinois. ice as mayor. the historical and everyday contribu- When she arrived in Washington, she We hosted two Super Bowl parades in tions of African-Americans to the learned the job quickly and became a 1982 and 1985, the 1984 Democratic Na- State of Colorado and to our country. leader on a variety of issues—from tional Convention, and even visits by Their efforts to ensure equality for all women’s rights, to children’s rights, to the Pope and the Queen of England. Americans are tightly woven into the healthcare. Her colleagues quickly rec- I still remember those days, and I am fabric of our ever-evolving Nation. Last month, millions of Americans ognized her leadership qualities. After happy that Jim was there to share and I watched as President Barack just a few terms, they elected her them with me. Obama took the oath for his second chairwoman of the Congressional Black In 1992 he became a captain and com- Presidential term. And for the first Caucus. She also soon became the first manding officer of the Planning and time in our Nation’s history, there are African American woman to be elected Research Division. two African-American U.S. Senators Democratic Majority Whip At-Large. I have no doubt that Jim would have serving at the same time—Senators I am glad that I had the chance to kept climbing the ladder in the Police TIM SCOTT of South Carolina and MO get to know Cardiss Collins. I—and Department, but in 1994 I helped con- COWAN of Massachusetts. Following the countless Illinoisans—will remember vince him that his talents were suit- 2012 elections, Colorado celebrated a her fighting spirit, her conviction in able for a larger stage and that he record number of African-American what was right and, of course, her would make a fine U.S. Marshal. lawmakers in the Colorado House of sense of humor. On February 11, 1994, President Clin- Representatives, known as the ‘‘his- In 1993, a newly elected Illinois Sen- ton appointed Jim the United States toric five’’ who are paving the way for ator by the name of Carol Moseley- Marshal for the Northern District of more diversity. I also am proud of how Braun had decided—along with Senator California. our State set the precedent for the BARBARA MIKULSKI—to do something Jim served as a Marshal for 7 years, country 4 years ago, when two African- no woman had ever done on the Senate during which time he was responsible American lawmakers, Rep. Terrance floor: wear pants, instead of a dress or for the administration of Federal law Carroll and Senator Peter Groff, held skirt. At the time, women were actu- enforcement for 15 northern California the top leadership roles in the Colorado ally prohibited by the Senate rules counties, or about 12 million people. General Assembly. These public serv- from wearing trousers. And these Sen- He oversaw a $35 million budget and ants were role models and leaders on so ators’ decision ruffled a few feathers had a staff of about 130. many important issues—one of which around here. In 2001, Jim decided to focus his expe- was pushing hard to create educational Well, this didn’t sit right with Con- rience on counternarcotics and became opportunities for all Coloradans. gresswoman Collins, and she had some- director of the San Francisco Bay Area Creating opportunity through edu- thing to say about it. What she said High Intensity Drug Trafficking Area. cation is critical, and as we work to was, ‘‘They shouldn’t be concerned As executive director, he oversaw co- close achievement and economic oppor- about the dress code, unless the men ordination and implementation of the tunity gaps throughout our State and Senators start wearing dresses.’’ agency’s programs and initiatives. country, I would like to pay homage to Soon after, the Senate amended its In 2002, I convinced Jim to return to two of Colorado’s African-American rules. my office as State director. pioneers who have worked tirelessly to Congresswoman Collins played a part As State director, Jim advises guarantee equal access to quality edu- in tearing down that barrier, just as around 30 employees and oversees oper- cation for all Coloradans. she did for so many other barriers and ations in my four State offices, in San Omar D. Blair, a member of the inequalities for women and minorities Francisco, Los Angeles, San Diego and Tuskegee Airmen in the 1940s, served across the country. That is the kind of Fresno. as the first African-American president person she was: a fighter. It is an understatement for me to of the Denver Board of Education and I will close by simply acknowledging call Jim one of my most trusted public went on to become the first African- for all the good she did, both here in policy and legislative advisors. American president of the Colorado As- Congress and back home in Chicago, I don’t know if it’s his roots as a po- sociation of School Boards. During his fighting the good fight. Congress- lice officer or his Italian sensibilities, tenure as president of the Denver woman Cardiss Collins will be missed. but Jim is practical, he cuts through Board of Education, Blair championed f the red tape and he calls it how he sees quality education and led the city it. through the controversial desegrega- TRIBUTE TO JIM MOLINARI Jim is a real 10. tion of its public schools. Mrs. FEINSTEIN. Mr. President, I Mr. President, I ask that you and all Rachel B. Noel, known as the lion of rise today to recognize the service of of our colleagues join in thanking Jim the African-American civil rights one of the Senate’s most dedicated, Molinari for his years of service, not movement in Denver, became the first loyal and capable employees, James J. only to the Senate but to the State of African-American elected to the Den- Molinari. California and the Nation. ver Board of Education and was also

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S517 the first African-American woman The passage of the FMLA represented technician in 1976, Vinnie then joined elected to office in Colorado. On April a broad, bipartisan Congressional effort the Laconia, NH, Police Department in 25, 1968, Noel spearheaded a resolution to improve working conditions for 1983 as a part-time police officer, be- to integrate Denver’s public schools. American families. Since the FMLA came a full-time officer for the Despite the school board’s decision to was signed into law by President Clin- Gilmanton, NH, Police Department in overturn the resolution in 1969, the ton in 1993, workers have used it more 1984, and was promoted to sergeant in U.S. Supreme Court affirmed Noel’s than 100 million times to take job-pro- that agency in 1991. He joined the Bel- historic resolution in its 1973 decision, tected leave. Under the FMLA, an em- mont, NH, Police Department in 2001, Keyes v. Denver Public Schools No. 1. ployee may take up to 12 weeks of un- where he was promoted to sergeant in These exceptional Coloradans paid leave for the birth or adoption of 2002, and appointed chief of police in changed the way we educate our youth a child or placement of a foster child. 2003. and supported access to opportunity An employee can also use the FMLA to During his long career as a public for all. But while we have seen care for a spouse, child or parent suf- safety professional, Chief Baiocchetti progress, there is still much work to fering from a serious health condition. continued to serve with the Laconia do. At the core of the FMLA is the con- NH, Fire Department as a call fire- In this rapidly changing world where cept of flexibility. And that idea—not fighter and fire investigator. Chief we increasingly rely on technology, we just flexibility in taking leave, but Baiocchetti has been a leader in pro- must provide our youth with the math flexibility across the board, in all fac- moting community-oriented policing, and science skills they need to become ets of the workplace experience—is improving public safety within the leaders and keep our Nation on the cut- something we must strive for in to- State of New Hampshire, and pro- ting edge of innovation and ingenuity. day’s office environment. We must moting sound public policies and prac- That is why I stand with President allow our workers to be productive and tices, which have helped keep New Obama and Gov. Hickenlooper in sup- commit themselves to their jobs, while Hampshire one of the safest States in porting science, technology, engineer- also allowing them to be great parents. the Nation. Chief Baiocchetti has ing and mathematics, STEM, education In my home State of Colorado, we worked tirelessly with his peers and programs to provide our youth with have expanded the benefits under the with other public safety officials to viable pathways to academic and pro- FMLA by adopting two additional better the administration of justice fessional success. With a strong invest- State leave policies—Domestic Abuse and to train members of New Hamp- ment in STEM programs, and by ensur- Leave and Colorado Small Necessities shire’s police and fire communities. He ing Colorado’s students continue to Leave. Under Domestic Abuse Leave, has focused on mentoring young people have access to language and arts edu- employees who are victims of domestic interested in the law enforcement pro- cation, we will give our students the violence and sexual assault may take fession through Law Enforcement Ex- tools they need to be successful in the leave in order to seek various medical ploring. Chief Baiocchetti served as an 21st century. and legal services. Colorado Small Ne- adviser, assistant commander, and From Colorado’s earliest days as a cessities Leave allows workers to take commander of the New Hampshire Po- lice Cadet Training Academy during western territory to the present, Afri- 18 hours of unpaid annual leave each his more than 25 years of work with can-American community leaders and school year in order to participate in this unique and nationally emulated public servants have been a driving their children’s school activities, in- force in transforming the works and vi- summer program for teenagers. cluding attending parent/teacher con- As Chief Baiocchetti celebrates his sion of our Founding Fathers into re- ferences. retirement, I want to commend him on ality. I am humbled and inspired by Despite the vast improvements in a job well done and ask my colleagues their commitment to pushing our practices since the enactment of the to join me in wishing him, his wife country to reach its fullest potential. I FMLA, our country still has a ways to Tammy, and daughter Ashley, well in will continue to do my part to honor go. Most part-time workers and nearly all future endeavors.∑ African-Americans’ legacy of triumph half of full-time workers are not eligi- over challenge. I hope you will join me ble for leave under FMLA. And mil- f in doing the same. lions of employees who are eligible TRIBUTE TO ELAINE BALSLEY f cannot afford to take unpaid leave. ∑ Mr. THUNE. Mr. President, today I With this is mind, this law must not be VOTE EXPLANATION recognize Elaine Balsley, an intern in considered an end, but instead a first my Rapid City, SD, office for all of the Mr. HOEVEN. Mr. President, please step in the right direction—there is hard work she has done for me, my let the record show that I was in room for improvement. For example, staff, and the State of South Dakota Minot, ND, on January 29, 2013, to we should consider expanding the defi- over the past few months. speak at the funeral and honor the life nition of a family to include members Elaine is a graduate of Stevens High of Chester Reiten when the confirma- of the LGBT community. School in Rapid City, SD. Currently, tion vote on Senator John Kerry to be But it is a worthwhile start, and so she is attending Black Hills State Uni- Secretary of State was held. Chester again, I would like to take this oppor- versity where she is majoring in mass Reiten was a dedicated public servant tunity to celebrate the 20th anniver- communications. She is a hard worker who devoted a considerable amount of sary of the FMLA. I hope we can use who has been dedicated to getting the his time and energy to serving his com- the upcoming session of Congress to most out of her internship experience. munity and State. His efforts included look for ways to strengthen this impor- I would like to extend my sincere lengthy tenures as a State senator and tant law. thanks and appreciation to Elaine for mayor of Minot. f all of the fine work she has done and f wish her continued success in the years ADDITIONAL STATEMENTS ∑ TWENTIETH ANNIVERSARY OF to come. FMLA f Mr. BENNET. Mr. President, today I TRIBUTE TO VINNIE BAIOCCHETTI REMEMBERING RICHARD WALTON wish to celebrate the 20th Anniversary ∑ Ms. AYOTTE. Mr. President, I wish ∑ Mr. WHITEHOUSE. Rhode Island is of the enactment of The Family and to recognize and congratulate chief of mourning the loss of one of our most Medical Leave Act, FMLA. For 20 police Vinnie Baiocchetti of the Bel- renowned and accomplished citizens. years, this historic law has helped indi- mont, NH, Police Department for his 37 Richard Walton was an activist, a viduals balance their family and work years of dedicated service to the fire- teacher, a journalist, and a force for obligations. As a husband, and the fa- fighting and law enforcement profes- good in our State, in our Nation, and ther of three daughters, the flexibility sions, the town of Belmont, and the indeed in the world. to care for your family and children State of New Hampshire. It would take most of us many life- without the fear of losing your job is Beginning his public safety career as times to achieve as much and to touch invaluable. a firefighter and emergency medical as many as Richard did in his 84 years.

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S518 CONGRESSIONAL RECORD — SENATE February 7, 2013 Richard organized workers to win col- Mrs. Cole, one of its reading clerks, an- MEASURES PLACED ON THE lective bargaining rights, and he orga- nounced that the House has passed the CALENDAR nized communities to win social jus- following bills, in which it requests the The following bill was read the sec- tice. He helped build houses for home- concurrence of the Senate: ond time, and placed on the calendar: less Rhode Islanders, and he helped pre- H.R. 225. An act to amend title IV of the S. 209. A bill to require a full audit of the serve Rhode Island’s historic buildings. Public Health Service Act to provide for a Board of Governors of the Federal Reserve He volunteered at and helped lead the National Pediatric Research Network, in- System and the Federal reserve banks by the State’s largest soup kitchen, and he cluding with respect to pediatric rare dis- Comptroller General of the United States, emceed concerts for and helped lead eases or conditions. and for other purposes. the Stone Soup Folks Arts Foundation. H.R. 297. An act to amend the Public He served in the Navy, and he pro- Health Service Act to reauthorize support f tested against war. for graduate medical education programs in children’s hospitals. Richard worked to improve our coun- PETITIONS AND MEMORIALS try, promoting third-party politics. He The message also announced that the was the Citizens Party candidate for House has agreed to the following con- The following petitions and memo- Vice President in 1984, and was a cen- current resolution, in which it requests rials were laid before the Senate and tral figure in the founding of the Green the concurrence of the Senate: were referred or ordered to lie on the table as indicated: Party. Richard worked to improve our H. Con. Res. 11. Concurrent resolution pro- world, documenting movements for viding for a joint session of Congress to re- POM–1. A resolution adopted by the Munic- independence in Africa and heading up ceive a message from the President. ipal Legislature of Luquillo, Puerto Rico rel- educational and medical initiatives in ative to urging the President and the Con- The message further announced that gress of the United States of America to act Central America. pursuant to 22 U.S.C. 1928a, and the on the results from the November 6, 2012 Richard was known for his hospi- order of the House of January 3, 2013, plebiscite by the Commonwealth of Puerto tality. Every year he welcomed hun- the Speaker appoints the following Rico, which would assure democratic justice dreds of friends and strangers to his member on the part of the House of for 3.7 million U.S. citizens; to the Com- home on Pawtuxet Cove in Warwick for Representatives to the United States mittee on Energy and Natural Resources. a combination birthday party/folk Group of the NATO Parliamentary As- POM–2. A resolution adopted by the Munic- ipal Legislature of Fajardo, Puerto Rico rel- music jam. And he was known for his sembly: Mr. LARSON of Connecticut. generosity. He asked his guests to do- ative to urging the President and the Con- nate to one of his favorite causes in- gress of the United States of America to act At 11:42 a.m., a message from the on the results from the November 6, 2012 stead of bringing gifts. House of Representatives, delivered by One of the many social welfare orga- plebiscite by the Commonwealth of Puerto Mr. Novotny, one of its reading clerks, Rico, which would assure democratic justice nizations that benefitted from Rich- announced that the House has passed for 3.7 million U.S. citizens; to the Com- ard’s passion and brilliance was the the following bill, in which it requests mittee on Energy and Natural Resources. George Wiley Center, a grassroots anti- the concurrence of the Senate: POM–3. A resolution adopted by the Munic- poverty nonprofit. In 2008, the Center ipal Legislature of Naranjito, Puerto Rico asked Richard to compose its state- H.R. 444. An act to require that, if the relative to urging the President and the Con- President’s fiscal year 2014 budget does not gress of the United States of America to act ment of philosophy. It begins like this: achieve balance in a fiscal year covered by The George Wiley Center is, in the short on the results from the November 6, 2012 such budget, the President shall submit a plebiscite by the Commonwealth of Puerto term, ‘‘a voice for the voiceless,’’ but our en- supplemental unified budget by April 1, 2013, during task is to help them find their own Rico, which would assure democratic justice which identifies a fiscal year in which bal- for 3.7 million U.S. citizens; to the Com- voice, to speak out for their own legitimate ance is achieved, and for other purposes. basic needs and not let those in power treat mittee on Energy and Natural Resources. them as powerless, for they are not power- The message also announced that POM–4. A resolution adopted by the Legis- less once they recognize that their numbers pursuant to section 643(c) of The Amer- lature of Rockland County, New York, urg- count, that their voices count, that their ican Taxpayer Relief Act (Public Law ing the United States Senate and the House moral worth as human beings, as residents of 112–240), the Minority Leader appoints of Representatives to pass legislation grant- ing tax relief to individuals and businesses the United States, counts. the following individuals on the part of Richard’s allies would attest that who suffered financial loss due to Hurricane the House of Representatives to the Sandy; to the Committee on Finance. this was indeed his own philosophy, Commission on Long-Term Care: Bruce POM–5. A communication from the Assist- lived out each day of his life. Richard Allen Chernof of Los Angeles, Cali- ant Secretary, Legislative Affairs, Depart- will be missed by many, including his fornia, Judith Stein of Storrs, Con- ment of State, forwarding correspondence children, Cathy and Richard. But his necticut, and George Vradenburg of from the Chairman of the National Assembly legacy of justice, compassion, and em- Washington, DC. of Vietnam expressing condolences to the powerment will be felt by many, for Senate on the death of Senator Daniel years to come.∑ Inouye; to the Committee on Foreign Rela- f tions. f POM–6. Communications from the Speaker MESSAGES FROM THE PRESIDENT MEASURES REFERRED of the Jogorku Kenesh of the Kyrgyz Repub- lic expressing condolences to the Senate on Messages from the President of the The following bills were read the first the death of Senator Daniel Inouye and also United States were communicated to and the second times by unanimous conveying wishes of continued friendly the Senate by Mr. Pate, one of his sec- consent, and referred as indicated: Kyrgyz-American relations; to the Com- retaries. H.R. 225. An act to amend title IV of the mittee on Foreign Relations. f Public Health Service Act to provide for a POM–7. A resolution adopted by the Town- ship of Edison, New Jersey, urging the Presi- EXECUTIVE MESSAGES REFERRED National Pediatric Research Network, in- cluding with respect to pediatric rare dis- dent, Governor and Legislators to enact As in executive session the presiding eases or conditions; to the Committee on more stringent gun laws; to the Committee officer laid before the Senate messages Health, Education, Labor, and Pensions. on the Judiciary. from the President of the United H.R. 297. An act to amend the Public States submitting sundry nominations Health Service Act to reauthorize support f which were referred to the appropriate for graduate medical education programs in committees. children’s hospitals; to the Committee on REPORTS OF COMMITTEES Health, Education, Labor, and Pensions. (The messages received today are The following reports of committees printed at the end of the Senate pro- H.R. 444. An act to require that, if the President’s fiscal year 2014 budget does not were submitted: ceedings.) achieve balance in a fiscal year covered by By Mr. SANDERS, from the Committee on f such budget, the President shall submit a Veterans’ Affairs: MESSAGES FROM THE HOUSE supplemental unified budget by April 1, 2013, Special Report entitled ‘‘Legislative and which identifies a fiscal year in which bal- Oversight Activities During the 111th Con- At 9:34 a.m., a message from the ance is achieved, and for other purposes; to gress by the Senate Committee on Veterans’ House of Representatives, delivered by the Committee on the Budget. Affairs’’ (Rept. No. 113–1).

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S519 EXECUTIVE REPORTS OF S. 235. A bill to provide for the conveyance Communications Commission to hold non- COMMITTEE of certain property located in Anchorage, public collaborative discussions, and for Alaska, from the United States to the Alas- other purposes; to the Committee on Com- The following executive reports of ka Native Tribal Health Consortium; to the merce, Science, and Transportation. nominations were submitted: Committee on Indian Affairs. By Mr. BEGICH (for himself and Ms. By Mr. LEAHY for the Committee on the By Ms. MURKOWSKI (for herself, Mr. MURKOWSKI): Judiciary. COBURN, Mr. PAUL, and Mr. BAR- S. 246. A bill to prevent the escapement of Robert E. Bacharach, of Oklahoma, to be RASSO): genetically altered salmon in the United United States Circuit Judge for the Tenth S. 236. A bill to amend title XVIII of the States, and for other purposes; to the Com- Circuit. Social Security Act to establish a Medicare mittee on Commerce, Science, and Transpor- William J. Kayatta, Jr., of Maine, to be payment option for patients and physicians tation. United States Circuit Judge for the First or practitioners to freely contract, without By Mr. CARDIN (for himself, Mr. SCHU- Circuit. penalty, for Medicare fee-for-service items MER, Ms. MIKULSKI, and Mrs. GILLI- Richard Gary Taranto, of Maryland, to be and services, while allowing Medicare bene- BRAND): United States Circuit Judge for the Federal ficiaries to use their Medicare benefits; to S. 247. A bill to establish the Harriet Tub- Circuit. the Committee on Finance. man National Historical Park in Auburn, By Ms. MURKOWSKI (for herself, Mr. New York, and the Harriet Tubman Under- (Nominations without an asterisk ground Railroad National Historical Park in JOHNSON of South Dakota, and Mr. were reported with the recommenda- Caroline, Dorchester, and Talbot Counties, BEGICH): tion that they be confirmed.) S. 237. A bill to amend the Public Health Maryland, and for other purposes; to the f Service Act to reauthorize and extend the Committee on Energy and Natural Re- sources. INTRODUCTION OF BILLS AND Fetal Alcohol Syndrome prevention and services program, and for other purposes; to By Mr. BEGICH (for himself and Ms. JOINT RESOLUTIONS the Committee on Health, Education, Labor, MURKOWSKI): S. 248. A bill to amend the Federal Food, and Pensions. The following bills and joint resolu- Drug, and Cosmetic Act to require labeling By Mr. LEE (for himself, Mr. CORNYN, tions were introduced, read the first of genetically engineered fish; to the Com- and second times by unanimous con- and Mr. RUBIO): mittee on Health, Education, Labor, and S. 238. A bill to amend the Federal Reserve sent, and referred as indicated: Pensions. Act to improve the functioning and trans- By Mr. MENENDEZ (for himself, Mrs. By Mr. TOOMEY (for himself and Mr. parency of the Board of Governors of the BOXER, Mr. LEAHY, Mr. LAUTENBERG, CASEY): Federal Reserve System and the Federal Mr. WHITEHOUSE, Mr. REED, Mrs. SHA- S. 229. A bill to designate the medical cen- Open Market Committee, and for other pur- HEEN, Mr. FRANKEN, Mr. BEGICH, Mr. ter of the Department of Veterans Affairs lo- poses; to the Committee on Banking, Hous- DURBIN, Ms. STABENOW, Mr. cated at 3900 Woodland Avenue in Philadel- ing, and Urban Affairs. BLUMENTHAL, Mr. SCHUMER, Mr. phia, Pennsylvania, as the ‘‘Corporal Mi- By Ms. MURKOWSKI (for herself and WYDEN, Mr. LEVIN, Ms. LANDRIEU, Mr. chael J. Crescenz Department of Veterans Mr. BEGICH): MERKLEY, Mrs. GILLIBRAND, Mr. Affairs Medical Center’’; to the Committee S. 239. A bill to extend the frontier ex- CARDIN, Mrs. HAGAN, Mr. SANDERS, on Veterans’ Affairs. tended stay clinic demonstration; to the and Mrs. FEINSTEIN): By Mr. PORTMAN (for himself and Mr. Committee on Finance. UDALL of Colorado): S. 249. A bill to provide for the expansion By Mr. TESTER (for himself, Mr. of affordable refinancing of mortgages held S. 230. A bill to authorize the Peace Corps CHAMBLISS, Mr. BEGICH, Mr. Commemorative Foundation to establish a by the Federal National Mortgage Associa- BLUMENTHAL, Mr. WYDEN, Ms. KLO- tion and the Federal Home Loan Mortgage commemorative work in the District of Co- BUCHAR, Ms. LANDRIEU, and Mr. BAU- lumbia and its environs, and for other pur- Corporation; to the Committee on Banking, CUS): Housing, and Urban Affairs. poses; to the Committee on Energy and Nat- S. 240. A bill to amend title 10, United By Mr. SANDERS: ural Resources. States Code, to modify the per-fiscal year By Mr. PORTMAN (for himself and Mr. S. 250. A bill to amend the Internal Rev- calculation of days of certain active duty or enue Code of 1986 to modify the treatment of UDALL of New Mexico): active service used to reduce the minimum foreign corporations, and for other purposes; S. 231. A bill to reauthorize the Multi- age at which a member of a reserve compo- national Species Conservation Funds to the Committee on Finance. nent of the uniformed services may retire for By Mr. FLAKE (for himself, Mr. CRAPO, Semipostal Stamp; to the Committee on non-regular service; to the Committee on Homeland Security and Governmental Af- and Mr. VITTER): Armed Services. S. 251. A bill to amend the renewable fuel fairs. By Mr. UDALL of New Mexico (for program under section 211(o) of the Clean Air By Mr. HATCH (for himself, Ms. KLO- himself and Mr. HEINRICH): Act to require the cellulosic biofuel require- BUCHAR, Mr. CORNYN, Mr. DONNELLY, S. 241. A bill to establish the Rio Grande ment to be based on actual production; to Mr. BURR, Mr. FRANKEN, Mr. TOOMEY, del Norte National Conservation Area in the the Committee on Environment and Public Mr. CASEY, Mr. ALEXANDER, Ms. State of New Mexico, and for other purposes; Works. AYOTTE, Mr. BARRASSO, Mr. BLUNT, to the Committee on Energy and Natural Re- By Mr. ALEXANDER (for himself, Mr. Mr. CHAMBLISS, Mr. COATS, Mr. sources. BENNET, Mr. ISAKSON, Ms. MIKULSKI, COBURN, Ms. COLLINS, Mr. CRAPO, Mr. By Mr. BURR (for himself, Mr. HARKIN, Mr. REED, Mr. MENENDEZ, and Ms. INHOFE, Mr. ISAKSON, Mr. JOHANNS, Mr. ENZI, Mr. CASEY, Mr. ALEXANDER, LANDRIEU): Mr. MORAN, Mr. PORTMAN, Mr. RISCH, Ms. MIKULSKI, Mr. ISAKSON, Mr. ROB- S. 252. A bill to reduce preterm labor and Mr. ROBERTS, Mr. RUBIO, Mr. THUNE, ERTS, and Mr. CHAMBLISS): delivery and the risk of pregnancy-related and Mr. WICKER): S. 242. A bill to reauthorize certain pro- deaths and complications due to pregnancy, S. 232. A bill to amend the Internal Rev- grams under the Public Health Service Act and to reduce infant mortality caused by enue Code of 1986 to repeal the excise tax on and the Federal Food, Drug, and Cosmetic prematurity; to the Committee on Health, medical devices; to the Committee on Fi- Act with respect to public health security Education, Labor, and Pensions. nance. and all-hazards preparedness and response, By Mr. UDALL of Colorado (for him- By Mrs. GILLIBRAND: and for other purposes; to the Committee on self, Mr. ROBERTS, and Mr. ENZI): S. 233. A bill to designate the facility of Health, Education, Labor, and Pensions. S. 253. A bill establishing the Committee to the United States Postal Service located at By Mr. BENNET (for himself and Mr. Reduce Government Waste; to the Com- 815 County Road 23 in Tyrone, New York, as UDALL of Colorado): mittee on Rules and Administration. the ‘‘Specialist Christopher Scott Post Office S. 243. A bill to provide assistance for wa- By Mr. MENENDEZ (for himself and Building’’; to the Committee on Homeland tersheds adversely affected by qualifying Mr. LAUTENBERG): Security and Governmental Affairs. natural disasters; to the Committee on Agri- S. 254. A bill to amend title III of the Pub- By Mr. REID: culture, Nutrition, and Forestry. lic Health Service Act to authorize and sup- S. 234. A bill to amend title 10, United By Mr. HOEVEN (for himself and Ms. port the creation of cardiomyopathy edu- States Code, to permit certain retired mem- HEITKAMP): cation, awareness, and risk assessment ma- bers of the uniformed services who have a S. 244. A bill to amend the Energy Policy terials and resources by the Secretary of service-connected disability to receive both Act of 2005 to modify the Pilot Project of- Health and Human Services through the Cen- disability compensation from the Depart- fices of the Federal Permit Streamlining ters for Disease Control and Prevention and ment of Veterans Affairs for their disability Pilot Project; to the Committee on Energy the dissemination of such materials and re- and either retired pay by reason of their and Natural Resources. sources by State educational agencies to years of military service or Combat-Related By Ms. KLOBUCHAR (for herself and identify more at-risk families; to the Com- Special Compensation, and for other pur- Mr. HELLER): mittee on Health, Education, Labor, and poses; to the Committee on Armed Services. S. 245. A bill to amend the Communica- Pensions. By Ms. MURKOWSKI (for herself and tions Act of 1934 to authorize a bipartisan By Mr. BAUCUS (for himself and Mr. Mr. BEGICH): majority of Commissioners of the Federal TESTER):

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S520 CONGRESSIONAL RECORD — SENATE February 7, 2013 S. 255. A bill to withdraw certain Federal provement; to the Committee on Health, (Mr. BENNET) and the Senator from land and interests in that land from loca- Education, Labor, and Pensions. Connecticut (Mr. BLUMENTHAL) were tion, entry, and patent under the mining By Mr. WYDEN (for himself and Mr. added as cosponsors of S. 84, a bill to laws and disposition under the mineral and HATCH): amend the Fair Labor Standards Act of S. 266. A bill to provide for the inclusion of geothermal leasing laws; to the Committee 1938 to provide more effective remedies on Energy and Natural Resources. Israel in the visa waiver program, and for By Mr. WYDEN (for himself and Ms. other purposes; to the Committee on the Ju- to victims of discrimination in the MURKOWSKI) (by request): diciary. payment of wages on the basis of sex, S. 256. A bill to amend Public Law 93–435 f and for other purposes. with respect to the Northern Mariana Is- S. 91 lands, providing parity with Guam, the Vir- SUBMISSION OF CONCURRENT AND At the request of Mr. VITTER, the gin Islands, and American Samoa; to the SENATE RESOLUTIONS names of the Senator from Alabama Committee on Energy and Natural Re- The following concurrent resolutions (Mr. SESSIONS) and the Senator from sources. and Senate resolutions were read, and Arkansas (Mr. BOOZMAN) were added as By Mr. BOOZMAN (for himself, Mr. cosponsors of S. 91, a bill to amend the NELSON, and Mr. DURBIN): referred (or acted upon), as indicated: S. 257. A bill to amend title 38, United By Mr. MORAN (for himself and Ms. Internal Revenue Code of 1986 to clarify States Code, to require courses of education KLOBUCHAR): eligibility for the child tax credit. provided by public institutions of higher edu- S. Res. 26. A resolution recognizing that S. 116 cation that are approved for purposes of the access to hospitals and other health care At the request of Mr. REED, the name educational assistance programs adminis- providers for patients in rural areas of the of the Senator from New Mexico (Mr. tered by the Secretary of Veterans Affairs to United States is essential to the survival and HEINRICH) was added as a cosponsor of success of communities in the United States; charge veterans tuition and fees at the in- S. 116, a bill to revise and extend provi- State tuition rate, and for other purposes; to to the Committee on Health, Education, the Committee on Veterans’ Affairs. Labor, and Pensions. sions under the Garrett Lee Smith Me- By Mr. BARRASSO (for himself, Mr. By Mrs. MURRAY (for herself, Ms. COL- morial Act. ENZI, Mr. CRAPO, Mr. HATCH, Mr. LINS, Mr. ISAKSON, and Mr. LEVIN): S. 126 HELLER, Mr. LEE, and Mr. RISCH): S. Res. 27. A resolution designating the At the request of Mr. TOOMEY, the S. 258. A bill to amend the Federal Land week of February 4 through 8, 2013, as ‘‘Na- name of the Senator from South Da- tional School Counseling Week’’; considered Policy and Management Act of 1976 to im- kota (Mr. THUNE) was added as a co- and agreed to. prove the management of grazing leases and sponsor of S. 126, a bill to prohibit ear- permits, and for other purposes; to the Com- f mittee on Energy and Natural Resources. marks. By Mr. UDALL of New Mexico: ADDITIONAL COSPONSORS S. 134 S. 259. A bill to assure equity in con- S. 40 At the request of Mr. ROCKEFELLER, tracting between the Federal Government At the request of Mr. HATCH, the the name of the Senator from Min- and small business concerns, and for other nesota (Ms. KLOBUCHAR) was added as a purposes; to the Committee on Small Busi- name of the Senator from South Caro- lina (Mr. GRAHAM) was added as a co- cosponsor of S. 134, a bill to arrange for ness and Entrepreneurship. the National Academy of Sciences to By Mrs. GILLIBRAND: sponsor of S. 40, a bill to restore Amer- S. 260. A bill to require the collection of icans’ individual liberty by striking study the impact of violent video data by officers enforcing immigration law the Federal mandate to purchase insur- games and violent video programming and for other purposes; to the Committee on ance. on children. the Judiciary. S. 140 S. 46 By Mrs. FEINSTEIN (for herself, Mr. At the request of Mr. BAUCUS, the At the request of Mr. TOOMEY, the SCHUMER, Mr. WHITEHOUSE, Mrs. name of the Senator from South Caro- name of the Senator from Virginia (Mr. BOXER, Mr. MENENDEZ, and Mr. LAU- KAINE) was added as a cosponsor of S. lina (Mr. GRAHAM) was added as a co- TENBERG): 140, a bill to amend the Internal Rev- S. 261. A bill to establish and clarify that sponsor of S. 46, a bill to protect Social enue Code of 1986 to extend the work Congress does not authorize persons con- Security benefits and military pay and opportunity credit to certain recently victed of dangerous crimes in foreign courts require that the United States Govern- discharged veterans, to improve the co- to freely possess firearms in the United ment prioritize all obligations on the States; to the Committee on the Judiciary. ordination of veteran job training serv- debt held by the public in the event By Mr. DURBIN: ices between the Department of Labor, that the debt limit is reached. S. 262. A bill to amend title 38, United the Department of Veterans Affairs, States Code, to provide equity for tuition S. 47 and the Department of Defense, to re- and fees for individuals entitled to edu- At the request of Mr. LEAHY, the quire transparency for Executive de- cational assistance under the Post-9/11 Edu- name of the Senator from Massachu- cational Assistance Program of the Depart- partments in meeting the Government- setts (Mr. COWAN) was added as a co- wide goals for contracting with small ment of Veterans Affairs who are pursuing sponsor of S. 47, a bill to reauthorize programs of education at institutions of business concerns owned and controlled higher learning, and for other purposes; to the Violence Against Women Act of by service-disabled veterans, and for the Committee on Veterans’ Affairs. 1994. other purposes. By Ms. AYOTTE (for herself, Mr. S. 54 S. 146 INHOFE, Mr. MCCAIN, Mr. GRAHAM, At the request of Mr. LEAHY, the At the request of Mrs. BOXER, the Mr. THUNE, Mr. RUBIO, Mr. JOHNSON name of the Senator from Connecticut name of the Senator from Maine (Ms. of Wisconsin, and Mr. ROBERTS): (Mr. BLUMENTHAL) was added as a co- COLLINS) was added as a cosponsor of S. S. 263. A bill to amend the Balanced Budg- sponsor of S. 54, a bill to increase pub- et and Emergency Deficit Control Act of 1985 146, a bill to enhance the safety of to modify the discretionary spending limits lic safety by punishing and deterring America’s schools. to take into account savings resulting from firearms trafficking. S. 162 the reduction in the number of Federal em- S. 80 At the request of Mr. FRANKEN, the ployees; to the Committee on the Budget. At the request of Mr. CORNYN, the name of the Senator from Connecticut By Ms. STABENOW (for herself, Mr. names of the Senator from Maine (Ms. (Mr. BLUMENTHAL) was added as a co- REED, Mr. BLUNT, Mr. RUBIO, Ms. COLLINS) and the Senator from Ohio sponsor of S. 162, a bill to reauthorize COLLINS, Mrs. BOXER, Mr. ROCKE- (Mr. PORTMAN) were added as cospon- FELLER, Mr. TESTER, Mr. BEGICH, and and improve the Mentally Ill Offender Mr. LEAHY): sors of S. 80, a bill to amend the DNA Treatment and Crime Reduction Act of S. 264. A bill to expand access to commu- Analysis Backlog Elimination Act of 2004. nity mental health centers and improve the 2000 to provide for Debbie Smith grants S. 164 quality of mental health care for all Ameri- for auditing sexual assault evidence At the request of Mr. PAUL, the name cans; to the Committee on Health, Edu- backlogs and to establish a Sexual As- of the Senator from Nebraska (Mr. cation, Labor, and Pensions. sault Forensic Evidence Reporting Sys- JOHANNS) was added as a cosponsor of By Mr. REED (for himself and Ms. STA- tem, and for other purposes. S. 164, a bill to prohibit the United BENOW): S. 265. A bill to amend the Public Health S. 84 States from providing financial assist- Service Act to provide grants for commu- At the request of Ms. MIKULSKI, the ance to Pakistan until Dr. Shakil nity-based mental health infrastructure im- names of the Senator from Colorado Afridi is freed.

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S521 S. 169 ensure that amounts credited to the disability. Moreover, in 2008, concur- At the request of Mr. HATCH, the Harbor Maintenance Trust Fund are rent receipt eligibility was expanded to name of the Senator from Maine (Mr. used for harbor maintenance. include those who are 100 percent dis- KING) was added as a cosponsor of S. S. 223 abled due to un-employability and ex- 169, a bill to amend the Immigration At the request of Ms. MIKULSKI, the tended equivalent financial payments and Nationality Act to authorize addi- names of the Senator from Maryland to those who are medically retired or tional visas for well-educated aliens to (Mr. CARDIN), the Senator from Illinois have retired prematurely due to force live and work in the United States, and (Mr. DURBIN), the Senator from Lou- reduction programs. Most recently, in for other purposes. isiana (Ms. LANDRIEU), the Senator 2012, I was pleased to offer an amend- S. 183 from Connecticut (Mr. MURPHY) and ment to the fiscal year 2013 National At the request of Mrs. MCCASKILL, the Senator from Hawaii (Mr. SCHATZ) Defense Authorization Act ensuring the names of the Senator from Mis- were added as cosponsors of S. 223, a that our combat-disabled military re- souri (Mr. BLUNT), the Senator from bill to amend section 217 of the Immi- tirees receive proper combat-related Arkansas (Mr. PRYOR), the Senator gration and Nationality Act to modify disability and retirement benefits by from Kansas (Mr. MORAN) and the Sen- the visa waiver program, and for other eliminating the ‘‘glitch’’ in the CRSC ator from Georgia (Mr. ISAKSON) were purposes. formula that can actually cause a re- added as cosponsors of S. 183, a bill to S. RES. 8 duction in their compensation amount when the VA increases their disability amend title XVIII of the Social Secu- At the request of Mr. ROBERTS, the rity Act to provide for fairness in hos- names of the Senator from South Caro- rating. While I am proud that the 10- year phase-in period for veterans who pital payments under the Medicare pro- lina (Mr. GRAHAM) and the Senator are rated 50–90 percent will finally gram. from Louisiana (Mr. VITTER) were come to fruition this year, I still be- S. 190 added as cosponsors of S. Res. 8, a reso- lieve that Congress has fallen short of At the request of Mr. JOHANNS, the lution expressing the sense of the Sen- names of the Senator from Wyoming ate that Congress holds the sole au- meeting the commitment of providing full concurrent receipt to all of our Na- (Mr. BARRASSO), the Senator from Ar- thority to borrow money on the credit tion’s heroes. This is unacceptable and kansas (Mr. BOOZMAN) and the Senator of the United States and shall not cede that is why we have to take care of the from Idaho (Mr. RISCH) were added as this power to the President. hundreds of thousands of disabled vet- cosponsors of S. 190, a bill to prohibit f the use of Federal funds for certain ac- erans who still need our help. For me, this is a simple matter of tivities of the National Labor Relation STATEMENTS ON INTRODUCED fairness. No other Federal retiree is Board and the Consumer Financial BILLS AND JOINT RESOLUTIONS forced to forfeit their retirement—only Protection Bureau. By Mr. REID: our disabled military retirees. Vet- S. 191 S. 234. A bill to amend title 10, erans’ disability compensation is rec- At the request of Mr. ROBERTS, the United States Code, to permit certain ompense for pain, suffering, and lost name of the Senator from Alaska (Ms. retired members of the uniformed serv- future earning power caused by a serv- MURKOWSKI) was added as a cosponsor ices who have a service-connected dis- ice-connected illness or injury. Few re- of S. 191, a bill to codify and modify ability to receive both disability com- tirees can afford to live on their retired regulatory requirements of Federal pensation from the Department of Vet- pay alone, and a severe disability only agencies. erans Affairs for their disability and ei- makes the problem worse by limiting S. 195 ther retired pay by reason of their or denying any post-service working At the request of Mr. FRANKEN, the years of military service or Combat- life. There is no reason to deny vet- name of the Senator from Massachu- Related Special Compensation, and for erans who have served their country setts (Ms. WARREN) was added as a co- other purposes; to the Committee on honorably the right to the full value of sponsor of S. 195, a bill to amend the Armed Services. their retirement pay simply because Public Health Service Act to revise and Mr. REID. Mr. President, I rise today their service also led to disability. extend projects relating to children on behalf of our Nation’s disabled vet- Today I reintroduce the Retired Pay and violence to provide access to erans to once again discuss an end to Restoration Act of 2013 in order to school-based comprehensive mental an unjust and outdated policy known eliminate all restrictions to concurrent health programs. as ‘‘concurrent receipt.’’ For the past receipt. I hope my Senate colleagues 122 years, this practice has prevented S. 209 will join me in supporting this bill. We veterans from receiving the full bene- must take action now and support the At the request of Mr. PAUL, the fits earned through years of service and names of the Senator from Utah (Mr. veterans who have given so much to personal injury in defense of our Na- our grateful Nation. This is the right HATCH), the Senator from Kentucky tion. The law requires that a retired (Mr. MCCONNELL) and the Senator from thing to do. disabled veteran reduce their retire- Mr. President, I ask unanimous con- South Dakota (Mr. THUNE) were added ment pay dollar-for-dollar by the as cosponsors of S. 209, a bill to require sent that the text of the bill be printed amount of any disability compensation a full audit of the Board of Governors in the RECORD. received, in many cases wiping out re- of the Federal Reserve System and the There being no objection, the text of tirement pay altogether. This is simply Federal reserve banks by the Comp- the bill was ordered to be printed in wrong. troller General of the United States, the RECORD, as follows: I have worked over the past decade to and for other purposes. S. 234 fight to change this outdated policy Be it enacted by the Senate and House of Rep- S. 210 and commend the progress Congress resentatives of the United States of America in At the request of Mr. HELLER, the has made on behalf of our Nation’s vet- Congress assembled, name of the Senator from Montana erans. In 2002, I was pleased that Con- SECTION 1. SHORT TITLE. (Mr. BAUCUS) was added as a cosponsor gress passed a measure known as com- This Act may be cited as the ‘‘Retired Pay of S. 210, a bill to amend title 18, bat-related special compensation, or Restoration Act of 2013’’. United States Code, with respect to CSRC, allowing for disabled retired SEC. 2. ELIGIBILITY FOR PAYMENT OF BOTH RE- fraudulent representations about hav- TIRED PAY AND VETERANS’ DIS- veterans to receive payments that are ABILITY COMPENSATION FOR CER- ing received military declarations or the financial equivalent of concurrent TAIN MILITARY RETIREES WITH medals. receipt. In 2003 I was pleased that Con- COMPENSABLE SERVICE-CON- S. 218 gress enacted a 10-year phase-in of con- NECTED DISABILITIES. (a) EXTENSION OF CONCURRENT RECEIPT AU- At the request of Mr. LEVIN, the current receipt for military retirees THORITY TO RETIREES WITH SERVICE-CON- names of the Senator from West Vir- whose disability is 50 percent or great- NECTED DISABILITIES RATED LESS THAN 50 ginia (Mr. ROCKEFELLER) and the Sen- er, and in 2004, Congress eliminated the PERCENT.— ator from Florida (Mr. NELSON) were 10-year waiting period for those vet- (1) REPEAL OF 50 PERCENT REQUIREMENT.— added as cosponsors of S. 218, a bill to erans with 100 percent service-related Section 1414 of title 10, United States Code,

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S522 CONGRESSIONAL RECORD — SENATE February 7, 2013 is amended by striking paragraph (2) of sub- Committee on Energy and Natural Re- mately 1822 in Dorchester County, MD section (a). sources. and given the name Araminta, Minty, (2) COMPUTATION.—Paragraph (1) of sub- Mr. CARDIN. Mr. President, as we Ross. She spent nearly 30 years of her section (c) of such section is amended by start Black History Month, I rise today life in slavery on Maryland’s Eastern adding at the end the following new subpara- to discuss a national hero that I have graph: Shore. She worked on a number of dif- ‘‘(G) For a month for which the retiree re- spoken about many times on the Sen- ferent plantations on Maryland’s East- ceives veterans’ disability compensation for ate floor. 2013 is a particularly remark- ern Shore and as a teenager was a disability rated as 40 percent or less or has able year for Harriet Ross Tubman in trained to be a seamstress. As an adult a service-connected disability rated as zero that March 13, 2013 will mark the 100th she took the first name Harriet, and percent, $0.’’. anniversary of her death. This note- when she was 25 years-old married (b) CLERICAL AMENDMENTS.— worthy anniversary makes it all the John Tubman. (1) The heading of section 1414 of such title more appropriate for me to talk about In her late twenties, Harriet Tubman is amended to read as follows: Maryland’s Harriet Ross Tubman and escaped from slavery in 1849. She fled ‘‘§ 1414. Members eligible for retired pay who her dedication to justice, equality and in the dead of night, navigating the are also eligible for veterans’ disability maze of tidal streams and wetlands compensation: concurrent payment of re- service to this country. It is also why tired pay and disability compensation’’. it is important for Congress to take ac- that, to this day, comprise the Eastern (2) The item relating to such section in the tion this year on The Harriet Tubman Shore’s landscape. She did so alone, table of sections at the beginning of chapter National Historical Park and The Har- demonstrating courage, strength and 71 of such title is amended to read as follows: riet Tubman Underground Railroad Na- fortitude that became her hallmarks. ‘‘1414. Members eligible for retired pay who tional Historical Park Act that I am Not satisfied with attaining her own are also eligible for veterans’ reintroducing today. freedom, she returned repeatedly for disability compensation: con- In my career, I have spoken on the more than 10 years to the places of her current payment of retired pay Senate Floor, at events in Maryland, in enslavement in Dorchester and Caro- and disability compensation.’’. meetings with constituents and with line counties where, under the most ad- (c) EFFECTIVE DATE.—The amendments my colleagues about Harriet Tubman’s verse conditions, she led away many made by this section shall take effect on January 1, 2014, and shall apply to payments legacy. While I hope each opportunity I family members and other slaves to for months beginning on or after that date. have taken to discuss the life of this freedom in the Northeastern United SEC. 3. COORDINATION OF SERVICE ELIGIBILITY remarkable woman helps raise aware- States. She helped develop a complex FOR COMBAT-RELATED SPECIAL ness about her importance to the his- network of safe houses and recruited COMPENSATION AND CONCURRENT tory of our great Nation, my ultimate abolitionist sympathizers residing RECEIPT. goal is to properly commemorate her along secret routes connecting the (a) AMENDMENTS TO STANDARDIZE SIMILAR life and her work by establishing the Southern slave states and Northern PROVISIONS.— (1) QUALIFIED RETIREES.—Subsection (a) of Harriet Tubman Underground Railroad Free States. No one knows exactly how section 1414 of title 10, United States Code, National Historical Park on the East- many people she led to freedom or the as amended by section 2(a), is amended— ern Shore of Maryland and, in working number of trips between the North and (A) by striking ‘‘a member or’’ and all that with my colleagues from New York, South she led, but the legend of her follows through ‘‘retiree’)’’ and inserting ‘‘a also establish the Harriet Tubman Na- work was an inspiration to the mul- qualified retiree’’; and tional Historical Park in Auburn, NY. titude of slaves seeking freedom and to (B) by adding at the end the following new For the last 5 years I have cham- abolitionists fighting to end slavery. paragraph: pioned the legislation I am reintro- Tubman became known as ‘‘the Moses ‘‘(2) QUALIFIED RETIREES.—For purposes of this section, a qualified retiree, with respect ducing today. I appreciate the active of her people’’ by African-Americans to any month, is a member or former mem- support and work my cosponsors of this and white abolitionists alike. Tubman ber of the uniformed services who— bill, Senators MIKULSKI, SCHUMER and once proudly told Frederick Douglass ‘‘(A) is entitled to retired pay (other than GILLIBRAND have put into advancing that in all of her journeys she ‘‘never by reason of section 12731b of this title); and this bill through the Senate. We all lost a single passenger.’’ She was so ef- ‘‘(B) is also entitled for that month to vet- share a deep appreciation for how im- fective that in 1856 there was a $40,000 erans’ disability compensation.’’. portant establishing these parks is to reward offered for her capture in the (2) DISABILITY RETIREES.—Paragraph (2) of preserving the legacy of this remark- subsection (b) of section 1414 of such title is South. She is the most famous and amended to read as follows: able historical figure in American His- most important conductor of the net- ‘‘(2) SPECIAL RULE FOR RETIREES WITH tory but also to how important these work of resistance known as the Under- FEWER THAN 20 YEARS OF SERVICE.—The re- parks will be to the communities where ground Railroad. tired pay of a qualified retiree who is retired they will be located. During the Civil War, Tubman served under chapter 61 of this title with fewer than I also greatly appreciate the support the Union forces as a spy, a scout and 20 years of creditable service is subject to re- this legislation has received in the a nurse. She served in Virginia, Florida duction by the lesser of— Senate Energy and Natural Resource and South Carolina. She is credited ‘‘(A) the amount of the reduction under Committee. In the last Congress, the with leading slaves from those slave sections 5304 and 5305 of title 38; or bill was reported out of committee ‘‘(B) the amount (if any) by which the states to freedom during those years as amount of the member’s retired pay under with bi-partisan support including the well. such chapter exceeds the amount equal to 21⁄2 support of Chairman Bingaman and Following the Civil War, and the percent of the member’s years of creditable Ranking Member MURKOWSKI. I look emancipation of all black slaves, Tub- service multiplied by the member’s retired forward to working with the Commit- man settled in Auburn, NY. There she pay base under section 1406(b)(1) or 1407 of tee’s new Chairman, the Senior Sen- was active in the women’s suffrage this title, whichever is applicable to the ator from Oregon in reporting this bill movement, and she also established member.’’. quickly for the full Senate’s consider- one of the first incorporated African- (b) EFFECTIVE DATE.—The amendments American homes for aged to care for made by this section shall take effect on ation. January 1, 2014, and shall apply to payments The establishment of the Harriet the elderly. In 1903 she bequeathed the for months beginning on or after that date. Tubman Historical Parks has been Tubman Home to the African Meth- years in the making and is long over- odist Episcopal Zion Church in Auburn By Mr. CARDIN (for himself, Mr. due. The mission of the National Park where it stands to this day. Harriet SCHUMER, Ms. MIKULSKI, and Service has evolved over time from not Tubman died in Auburn in 1913 and she Mrs. GILLIBRAND): only preserving natural wonders across is buried in the Fort Hill Cemetery. S. 247. A bill to establish the Harriet the U.S. for recreational purposes but Fortunately many of the structures Tubman National Historical Park in also commemorating unique places of and landmarks in New York remain in- Auburn, New York, and the Harriet significance to historical events and tact and in relatively good condition. Tubman Underground Railroad Na- extraordinary Americans that have Only recently has the Park Service tional Historical Park in Caroline, Dor- shaped our nation. begun establishing units dedicated to chester, and Talbot Counties, Mary- The woman, who is known to us as the lives of African-Americans. Places land, and for other purposes; to the Harriet Tubman, was born in approxi- like Booker T. Washington National

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S523 Monument on the campus the worked as a slave, and others are with- The National Park Service is unique- Tuskegee University in Alabama, the in the master plan boundaries of the ly suited to honor and preserve these George Washington Carver National Blackwater National Wildlife Refuge. places of historical significance and I Monument in Missouri, The Buffalo Similarly, Poplar Neck, the planta- urge my colleagues to join me in pre- Soldiers at Guadalupe Mountains Na- tion from which she escaped to free- serving and growing the legacy of Har- tional Park, the National Historical dom, is still largely intact in Caroline riet Tubman by establishing the Har- Trail commemorating the March for County. The properties in Talbot Coun- riet Tubman National Historical Parks Voting Rights from Selma to Mont- ty, immediately across the Choptank in her honor. gomery Alabama, and most recently River from the plantation, are cur- Mr. President, I ask unanimous con- the Martin Luther King Jr. memorial rently protected by various conserva- sent that the text of the bill be printed on the National Mall are all important tion easements. Were she alive today, in the RECORD. monuments and places of historical Tubman would recognize much of the There being no objection, the text of significance that help tell the story of landscape that she knew intimately as the bill was ordered to be printed in the African-American experience. she secretly led black men, women and the RECORD, as follows: children to freedom. As the National Park Service con- S. 247 There has never been any doubt that tinues its important work to recognize Be it enacted by the Senate and House of Rep- and preserve African-American history Tubman led an extraordinary life. Her contributions to American history are resentatives of the United States of America in by providing greater public access and Congress assembled, surpassed by few. Determining the information about the places and peo- SECTION 1. SHORT TITLE. most appropriate way to recognize that ple that have shaped the African-Amer- This Act may be cited as the ‘‘Harriet Tub- life and her contributions, however, ican experience, there are very few man National Historical Parks Act’’. has been exceedingly difficult. The Na- units dedicated to the lives of African- SEC. 2. HARRIET TUBMAN UNDERGROUND RAIL- tional Park Service determined that American women, and there are no Na- ROAD NATIONAL HISTORICAL PARK, designating a Historical Park that MARYLAND. tional Historical Parks commemo- would include two geographically sepa- (a) DEFINITIONS.—In this section: rating African-American women. (1) HISTORICAL PARK.—The term ‘‘historical I cannot think of a more fitting hero rate units would be an appropriate tribute to the life of this extraordinary park’’ means the Harriet Tubman Under- than Harriet Tubman to be the first Af- American. The New York unit would ground Railroad National Historical Park es- rican-American woman to be memori- tablished by subsection (b)(1)(A). include the tightly clustered Tubman alized with National Historical Parks (2) MAP.—The term ‘‘map’’ means the map buildings in the town of Auburn. The that tell both her personal story and entitled ‘‘Authorized Acquisition Area for Maryland portion would include large her lifelong fight for justice and free- the Proposed Harriet Tubman Underground sections of landscapes that are evoc- dom starting with her fight against the Railroad National Historical Park’’, num- ative of Tubman’s time and are histori- bered T20/80,001, and dated July 2010. cruel institution of slavery and work of cally relevant. (3) SECRETARY.—The term ‘‘Secretary’’ the Underground Railroad she led to Harriet Tubman was a true American means the Secretary of the Interior. her work in the women’s suffrage patriot. She was someone for whom lib- (4) STATE.—The term ‘‘State’’ means the movement. erty and freedom were not just con- State of Maryland. I hope that my colleagues will sup- cepts but values she fought tirelessly (b) HARRIET TUBMAN UNDERGROUND RAIL- port my effort to honor Harriet Tub- ROAD NATIONAL HISTORICAL PARK.— for. She lived those principles and so (1) ESTABLISHMENT.— man and support passage of my bill to selflessly helped hundreds of other peo- authorize the creation of the Tubman (A) IN GENERAL.—Subject to subparagraph ple attain freedom. In doing so, she has (B), there is established the Harriet Tubman National Historical Parks in New York earned a nation’s respect and honor. Underground Railroad National Historical and Maryland. These parks will hope- Harriet Tubman is one of many great Park in Caroline, Dorchester, and Talbot fully pave the way for the Park Service Americans that we honor and celebrate Counties, Maryland, as a unit of the Na- to develop more National Historical every February during Black History tional Park System. Park commemorating the lives of Month. In schools across the country, (B) DETERMINATION BY SECRETARY.—The many other important African-Amer- American History curriculums teach historical park shall not be established until ican women in our history. the date on which the Secretary determines our children about Tubman’s courage, that a sufficient quantity of land, or inter- The vision for the Tubman National conviction, her fight for freedom and Historical Parks is to preserve the ests in land, has been acquired to constitute her contributions to the greatness of a manageable park unit. places significant to the life of Harriet our Nation during a contentious time (C) NOTICE.—Not later than 30 days after Tubman and tell her story through in- in U.S. history. Now it is time to add the date on which the Secretary makes a de- terpretative activities and continue to to Tubman’s legacy by preserving and termination under subparagraph (B), the discover aspects of her life and the ex- commemorating the places evocative Secretary shall publish in the Federal Reg- perience of passage along the Under- of Harriet Tubman’s extraordinary life. ister notice of the establishment of the his- ground Railroad through archae- Every year, millions of school chil- torical park, including an official boundary ological research and discovery. dren, as well as millions of adults, visit map for the historical park. (D) AVAILABILITY OF MAP.—The official The buildings and structures in our National Historical Parks gain ex- Maryland have mostly disappeared. boundary map published under subparagraph periences and knowledge about our Na- (C) shall be on file and available for public Slaves were forced to live in primitive tion’s history that simply cannot be inspection in appropriate offices of the Na- buildings even though many slaves found in history books or on the Inter- tional Park Service. were skilled tradesmen who con- net. Our Nation’s strength and char- (2) PURPOSE.—The purpose of the historical structed the substantial homes of their acter comes from the actions of the park is to preserve and interpret for the ben- owners. Not surprisingly, few of the Americans who came before us and the efit of present and future generations the structures associated with the early significant events that shaped our Na- historical, cultural, and natural resources years of Tubman’s life remain standing tion. The National Park Service is en- associated with the life of Harriet Tubman today. The landscape of the Eastern and the Underground Railroad. gaged in the important work of pre- (3) LAND ACQUISITION.— Shore of Maryland, however, is still serving the places where American his- (A) IN GENERAL.—The Secretary may ac- evocative of the time that Tubman tory was made and providing a tangible quire land and interests in land within the lived there. Farm fields and loblolly experience for current and future gen- areas depicted on the map as ‘‘Authorized pine forests dot the lowland landscape, erations to experience and understand. Acquisition Areas’’ by purchase from willing which is also notable for its extensive It is one thing to learn about Harriet sellers, donation, or exchange. network of tidal rivers and wetlands Tubman from a book, and it is yet a (B) BOUNDARY ADJUSTMENT.—On acquisi- that Tubman, and the people she guid- completely different and fulfilling ex- tion of land or an interest in land under sub- ed to freedom, under the cover of night. perience to explore, see, listen to and paragraph (A), the boundary of the historical park shall be adjusted to reflect the acquisi- In particular, a number of properties feel the places where she worked as a tion. including the homestead of Ben Ross, slave, where she escaped from and (c) ADMINISTRATION.— her father, Stewart’s Canal, where he where she lived out her life as a free (1) IN GENERAL.—The Secretary shall ad- worked, the Brodess Farm, where she American. minister the historical park in accordance

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S524 CONGRESSIONAL RECORD — SENATE February 7, 2013 with this section and the laws generally ap- sums as are necessary to carry out this sec- (ii) no changes or alterations shall be made plicable to units of the National Park Sys- tion. to the land except by mutual agreement of tem, including— SEC. 3. HARRIET TUBMAN NATIONAL HISTOR- the Secretary and the owner of the land. (A) the National Park System Organic Act ICAL PARK, AUBURN, NEW YORK. (B) RESEARCH.—The Secretary may enter (16 U.S.C. 1 et seq.); and (a) DEFINITIONS.—In this section: into a cooperative agreement with the State, (B) the Act of August 21, 1935 (16 U.S.C. 461 (1) HISTORICAL PARK.—The term ‘‘historical political subdivisions of the State, institu- et seq.). park’’ means the Harriet Tubman National tions of higher education, the Home and (2) INTERAGENCY AGREEMENT.—Not later Historical Park established by subsection other nonprofit organizations, and individ- than 1 year after the date on which the his- (b)(1)(A). uals to conduct research relating to the life torical park is established, the Director of (2) HOME.—The term ‘‘Home’’ means The of Harriet Tubman. the National Park Service and the Director Harriet Tubman Home, Inc., located in Au- (C) COST-SHARING REQUIREMENT.— of the United States Fish and Wildlife Serv- burn, New York. (i) FEDERAL SHARE.—The Federal share of ice shall enter into an agreement to allow (3) MAP.—The term ‘‘map’’ means the map the total cost of any activity carried out the National Park Service to provide for entitled ‘‘Harriet Tubman National Histor- under this paragraph shall not exceed 50 per- public interpretation of historic resources ical Park’’, numbered T18/80,000, and dated cent. located within the boundary of the March 2009. (ii) FORM OF NON-FEDERAL SHARE.—The Blackwater National Wildlife Refuge that (4) SECRETARY.—The term ‘‘Secretary’’ non-Federal share may be in the form of in- are associated with the life of Harriet Tub- means the Secretary of the Interior. kind contributions or goods or services fairly man, consistent with the management re- (5) STATE.—The term ‘‘State’’ means the valued. quirements of the Refuge. State of New York. (D) ATTORNEY GENERAL.— (b) HARRIET TUBMAN NATIONAL HISTORICAL (3) INTERPRETIVE TOURS.—The Secretary (i) IN GENERAL.—The Secretary shall sub- may provide interpretive tours to sites and PARK.— mit to the Attorney General for review any (1) ESTABLISHMENT.— resources located outside the boundary of cooperative agreement under this paragraph (A) IN GENERAL.—Subject to subparagraph the historical park in Caroline, Dorchester, involving religious property or property (B), there is established the Harriet Tubman and Talbot Counties, Maryland, relating to owned by a religious institution. National Historical Park in Auburn, New the life of Harriet Tubman and the Under- (ii) FINDING.—No cooperative agreement York, as a unit of the National Park System. ground Railroad. subject to review under this subparagraph (B) DETERMINATION BY SECRETARY.—The (4) COOPERATIVE AGREEMENTS.— shall take effect until the date on which the historical park shall not be established until (A) IN GENERAL.—The Secretary may enter Attorney General issues a finding that the the date on which the Secretary determines into a cooperative agreement with the State, proposed agreement does not violate the Es- that a sufficient quantity of land, or inter- political subdivisions of the State, colleges tablishment Clause of the first amendment ests in land, has been acquired to constitute and universities, non-profit organizations, a manageable park unit. to the Constitution. and individuals— (d) GENERAL MANAGEMENT PLAN.— (C) NOTICE.—Not later than 30 days after (1) IN GENERAL.—Not later than 3 years (i) to mark, interpret, and restore nation- the date on which the Secretary makes a de- after the date on which funds are made avail- ally significant historic or cultural resources termination under subparagraph (B), the relating to the life of Harriet Tubman or the Secretary shall publish in the Federal Reg- able to carry out this section, the Secretary Underground Railroad within the boundaries ister notice of the establishment of the his- shall prepare a general management plan for of the historical park, if the agreement pro- torical park. the historical park in accordance with sec- tion 12(b) of the National Park Service Gen- vides for reasonable public access; or (D) MAP.—The map shall be on file and (ii) to conduct research relating to the life available for public inspection in appropriate eral Authorities Act (16 U.S.C. 1a–7(b)). of Harriet Tubman and the Underground offices of the National Park Service. (2) COORDINATION.—The Secretary shall co- ordinate the preparation and implementa- Railroad. (2) BOUNDARY.—The historical park shall (B) VISITOR CENTER.—The Secretary may include the Harriet Tubman Home, the Tub- tion of the management plan with— enter into a cooperative agreement with the man Home for the Aged, the Thompson Me- (A) the Harriet Tubman Underground Rail- State to design, construct, operate, and morial AME Zion Church and Rectory, and road National Historical Park established by maintain a joint visitor center on land associated land, as identified in the area en- section 2(b)(1); and owned by the State— titled ‘‘National Historical Park Proposed (B) the National Underground Railroad (i) to provide for National Park Service Boundary’’ on the map. Network to Freedom. (e) AUTHORIZATION OF APPROPRIATIONS.— visitor and interpretive facilities for the his- (3) PURPOSE.—The purpose of the historical There are authorized to be appropriated such torical park; and park is to preserve and interpret for the ben- sums as are necessary to carry out this Act, (ii) to provide to the Secretary, at no addi- efit of present and future generations the except that not more than $7,500,000 shall be tional cost, sufficient office space to admin- historical, cultural, and natural resources available to provide financial assistance ister the historical park. associated with the life of Harriet Tubman. under subsection (c)(3). (C) COST-SHARING REQUIREMENT.— (4) LAND ACQUISITION.—The Secretary may (i) FEDERAL SHARE.—The Federal share of acquire land and interests in land within the the total cost of any activity carried out areas depicted on the map by purchase from By Mr. WYDEN (for himself and under this paragraph shall not exceed 50 per- a willing seller, donation, or exchange. Ms. MURKOWSKI) (by request): cent. (c) ADMINISTRATION.— S. 256. A bill to amend Public Law 93– (ii) FORM OF NON-FEDERAL SHARE.—The (1) IN GENERAL.—The Secretary shall ad- 435 with respect to the Northern Mar- non-Federal share of the cost of carrying out minister the historical park in accordance iana Islands, providing parity with an activity under this paragraph may be in with this section and the laws generally ap- Guam, the Virgin Islands, and Amer- the form of in-kind contributions or goods or plicable to units of the National Park Sys- services fairly valued. ican Samoa; to the Committee on En- tem, including— ergy and Natural Resources. (d) GENERAL MANAGEMENT PLAN.— (A) the National Park System Organic Act (1) IN GENERAL.—Not later than 3 years (16 U.S.C. 1 et seq.); and Mr. WYDEN. Mr. President, today I after the date on which funds are made avail- (B) the Act of August 21, 1935 (16 U.S.C. 461 am pleased to introduce, with my col- able to carry out this section, the Secretary et seq.). league LISA MURKOWSKI, the Ranking shall prepare a general management plan for (2) INTERPRETIVE TOURS.—The Secretary Member on the Committee on Energy the historical park in accordance with sec- may provide interpretive tours to sites and and Natural Resources, and at the re- tion 12(b) of the National Park Service Gen- resources located outside the boundary of quest of the Delegate from the Com- eral Authorities Act (16 U.S.C. 1a–7(b)). the historical park in Auburn, New York, re- monwealth of the Northern Mariana Is- (2) CONSULTATION.—The general manage- lating to the life of Harriet Tubman. land, CNMI, Gregorio ‘‘Kilili’’ Sablan, ment plan shall be prepared in consultation (3) COOPERATIVE AGREEMENTS.— legislation to amend Public Law 93–435, with the State (including political subdivi- (A) IN GENERAL.—The Secretary may enter sions of the State). into a cooperative agreement with the owner the Territorial Submerged Lands Act. (3) COORDINATION.—The Secretary shall co- of any land within the historical park to This legislation would convey to the ordinate the preparation and implementa- mark, interpret, or restore nationally sig- CNMI the same rights to offshore tion of the management plan with— nificant historic or cultural resources relat- waters and submerged lands that were (A) the Blackwater National Wildlife Ref- ing to the life of Harriet Tubman, if the conveyed to the territories of Guam, uge; agreement provides that— the U.S. Virgin Islands, and American (B) the Harriet Tubman National Histor- (i) the Secretary shall have the right of ac- ical Park established by section 3(b)(1)(A); Samoa nearly 40 years ago. cess to any public portions of the land cov- This bill is non-controversial. In 2005, and ered by the agreement to allow for— (C) the National Underground Railroad (I) access at reasonable times by historical it was first introduced by then-Chair- Network to Freedom. park visitors to the land; and man of the Committee on Energy and (e) AUTHORIZATION OF APPROPRIATIONS.— (II) interpretation of the land for the pub- Natural Resources, Pete Domenici. A There are authorized to be appropriated such lic; and companion measure was introduced in

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S525 the House of Representatives by then- S. 256 Mrs. BOXER, Mr. MENENDEZ, and Congressman JEFF FLAKE. In the 111th Be it enacted by the Senate and House of Rep- Mr. LAUTENBERG): Congress, this bill passed the House as resentatives of the United States of America in S. 261. A bill to establish and clarify H.R. 934 on a 416–0 vote, and it was re- Congress assembled, that Congress does not authorize per- ported by the Senate Committee. In SECTION 1. AMENDMENT. sons convicted of dangerous crimes in (a) IN GENERAL.—The first section and sec- the 112th Congress, it again passed the tion 2 of Public Law 93–435 (48 U.S.C. 1705, foreign courts to freely possess fire- House unanimously, on a 297–0 vote, 1706) are amended by inserting ‘‘the Com- arms in the United States; to the Com- and a hearing was held in the Senate monwealth of the Northern Mariana Is- mittee on the Judiciary. on its companion measure, S. 590. I sin- lands,’’ after ‘‘Guam,’’ each place it appears. Mrs. FEINSTEIN. Mr. President, cerely hope that this will be the year (b) REFERENCES TO DATE OF ENACTMENT.— today I am pleased to introduce the No this bill is signed into law and the peo- For the purposes of the amendment made by Firearms for Foreign Felons Act of ple of the CNMI will begin to enjoy the subsection (a), each reference in Public Law 93–435 to the ‘‘date of enactment’’ shall be 2013. This bill would close a loophole in economic benefits that will result from considered to be a reference to the date of current law, by ensuring that people gaining ownership of the waters and the enactment of this section. convicted of foreign felonies and submerged lands adjacent to their crimes involving domestic violence shores, just as those benefits are en- CONGRESS OF THE UNITED STATES, cannot possess firearms. We must close joyed by every other State and terri- HOUSE OF REPRESENTATIVES, this gap in our laws before it is ex- tory of the Nation. Washington, DC, January 8, 2013. ploited by terrorists, drug gangs, and The CNMI faces huge economic chal- Hon. RON WYDEN, other dangerous criminals who threat- lenges that began with the phase-out of Chairman, Committee on Energy and Natural en our communities. World Trade Organization garment Resources, 304 Dirksen Senate Building, Under current Federal law, people U.S. Senate, Washington, DC. quotas in 2005 and resulted in the de- DEAR CHAIRMAN WYDEN: One of the legisla- who are convicted in the United Sates parture of garment manufacturing. tive issues for this Congress that we dis- of violent felonies like rape, murder, Gaining ownership of the waters and cussed at our recent meeting was the con- and terrorism are prohibited from pos- submerged lands adjacent to the 14 is- veyance of submerged lands to the Common- sessing firearms. But, shockingly, Fed- lands of the CNMI would help to stimu- wealth of the Northern Mariana Islands. I eral law does not bar criminals con- late the CNMI’s struggling economy by would like to follow up on our discussion by victed of these same violent crimes in allowing the use and management of asking you to consider sponsoring the nec- foreign courts from possessing guns. essary legislation. these areas for near-shore infrastruc- The Energy and Natural Resources Com- This outrageous loophole for foreign ture development, the extraction of mittee did report out a conveyance bill in convicts is the result of a 2005 U.S. Su- minerals, energy development, aqua- the last Congress, H.R. 670 as amended, but preme Court decision in the case of culture and other activities. Currently, time expired before the Senate could act on Small v. United States. under Federal ownership, there are no the measure. With this groundwork in place In that case, the Court analyzed the such activities in these areas because it would seem that this particular issue 1968 Gun Control Act, which states that the Federal Government has no history could be moved quickly as the 113th Congress anyone who has been convicted of a fel- gets to work. of such near-shore jurisdiction and I am enclosing a draft bill, which reflects ony ‘‘in any court’’ cannot possess fire- there is no Federal agency with respon- the Energy and Natural Resources Com- arms. The Court concluded that the sibility for their management. mittee amendments. I have reached out to phrase only applied to American Congress granted the States owner- Senator Murkowski, as well, asking her to courts, despite the fact that the Gun ship of the waters and submerged lands co-sponsor the legislation, as she did with Control Act had been applied to foreign out to three miles under the Sub- Chairman Bingaman two years ago; and I am felonies since 1968, the year it took ef- merged Lands Act of 1953. In 1974, Con- hopeful that this bipartisanship can prevail fect. again. gress granted ownership of these areas In the House I will also be introducing the At the time, the Supreme Court was to the territories. However, the Cov- language recommended by the Energy and very much aware that its ruling could enant which established the political Natural Resources Committee, though the have serious consequences. As Justice union between the U.S. and the CNMI Senate may well be able to act first. Clarence Thomas noted in his dissent, in 1976 was ambiguous on this matter Thank you for your consideration of this ‘‘the majority’s interpretation permits of seaward ownership. Eventually, in request. Thank you, too, for having taken those convicted overseas of murder, the time to meet with me to discuss issues of 2005, the Ninth Circuit Court of Ap- importance to the Northern Mariana Islands rape, assault, kidnapping, terrorism, peals ruled that the submerged lands that may come before your Committee in the and other dangerous crimes to possess and waters off the CNMI’s coasts fell 113th Congress. I look forward to working firearms freely in the United States.’’ under Federal ownership. Importantly, with you. But whatever one may think of the the Court also recognized that Con- Sincerely, Court’s ruling, it is now the law of the gress had the power to convey these GREGORIO KILILI CAMACHO SABLAN, land. waters and lands to the CNMI. That is Member of Congress. We must make every effort to close what this legislation would do. this dangerous loophole and the bill I By Mr. UDALL of New Mexico: The CNMI is the only territory or S. 259. A bill to assure equity in con- am introducing today would do just State that does not have ownership of tracting between the Federal Govern- that. its adjacent waters and lands out to at ment and small business concerns, and Under this bill, section 921 of Title 18 least 39les. I urge my colleagues to sup- for other purposes; to the Committee would be amended to state that ‘‘[the port prompt passage of this bill to cor- on Small Business and Entrepreneur- term ‘any court’ includes any Federal, rect this disparity and to assist the ship. State, or foreign court.’’ Similar CNMI in meeting its economic chal- Mr. UDALL of New Mexico. Mr. changes would be made in other sec- lenges. I’m not aware of any policy ob- President, I have reintroduced the As- tions of the Gun Control Act. Where jections to this bill’s enactment. suring Contracting Equity, or ACE there are references to ‘‘state offenses’’ I refer those interested in additional Act, with a correction to a drafting or ‘‘offenses under state law,’’ the bill information to Senate Report 111–197. error in order to ensure increases in would expand these terms to include Included in that report is a CBO esti- contracting goals for service-disabled convictions of offenses under foreign mate stating that enactment of H.R. veteran owned small businesses and law. 934, the bill on which the legislation qualified HUBZone small businesses. I In other words, the bill would make being introduced today is based, would look forward to working with my col- it clear that if someone was convicted not affect direct spending or revenues. leagues to address the issues facing en- in a foreign court of an offense that Mr. President, I ask unanimous con- trepreneurs who do business with the would have disqualified him from pos- sent that the text of the bill and a let- Federal Government and hope that we sessing a gun in the U.S., then they ter of support be printed in the can ensure that more Federal dollars will be disqualified from gun possession RECORD. are getting out to main street. under U.S. law. The only exception will There being no objection, the mate- be if there is reason to think the con- rial was ordered to be printed in the By Mrs. FEINSTEIN (for herself, viction entered by the foreign jurisdic- RECORD, as follows: Mr. SCHUMER, Mr. WHITEHOUSE, tion is somehow invalid.

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S526 CONGRESSIONAL RECORD — SENATE February 7, 2013 Under the bill, a foreign conviction reaching their full educational and eco- tion 3313 of title 38, United States Code, is will not constitute a ‘‘conviction’’ nomic potential through the Post 9/11 amended to read as follows: under the Gun Control Act, if either: GI Bill. ‘‘(i) In the case of a program of education the foreign conviction resulted from a In January 2011, Congress made fur- pursued at a public institution of higher ther changes to the Post 9/11 GI Bill learning, the lesser of— denial of fundamental fairness that ‘‘(I) the actual net cost for tuition and fees would violate due process if committed which caps the amount of education assessed by the institution for the program in the United States, or the conduct on benefits for veterans enrolled in pri- of education after the application of— which the foreign conviction was based vate colleges at $17,500 and limits the ‘‘(aa) any waiver of, or reduction in, tui- would be legal if committed in the education benefit for veterans enrolled tion and fees; and United States. in public colleges to the amount ‘‘(bb) any scholarship, or other Federal, I expect that these circumstances charged for in-state tuition and fees. State, institutional, or employer-based aid will be fairly rare, but the bill does That seemed reasonable, but what we or assistance (other than loans and any funds provided under section 401(b) of the Higher take them into account and will pro- have learned is that many veterans are not eligible for in-state tuition. And Education Act of 1965 (20 U.S.C. 1070a)) that vide a complete defense to anyone with is provided directly to the institution and an invalid foreign conviction. In any the cost difference between in-state specifically designated for the sole purpose event, it is clear that we should not and out-of-state tuition for public uni- of defraying tuition and fees; or keep in place a dangerous policy which versities can be substantial. ‘‘(II) the greater of— essentially treats every foreign convic- Current law unintentionally burdens ‘‘(aa) the actual net cost for in-State tui- tion as invalid. a significant number of veterans, re- tion and fees assessed by the institution for Ensuring that foreign convictions quiring them to pay thousands of dol- the program of education after the applica- tion of— count as convictions under U.S. law is lars in out of pocket costs for non-resi- dent tuition and fee rates. These costs ‘‘(AA) any waiver of, or reduction in, tui- important for a second reason. When tion and fees; and someone with a felony conviction is ar- add up over the course of a college ca- reer—so much so that veterans often ‘‘(BB) any scholarship, or other Federal, rested for another crime, the govern- State, institutional, or employer-based aid ment may charge that person with drop out of college or transfer to an- or assistance (other than loans and any funds being a felon in possession of a firearm other school, with a significant amount provided under section 401(b) of the Higher or may seek a sentence enhancement. of debt and without an actual degree. Education Act of 1965 (20 U.S.C. 1070a)) that But veterans at private schools have However, if a foreign conviction is not is provided directly to the institution and their tuition covered up to $18,077. specifically designated for the sole purpose treated as a conviction under our law, I am introducing the Veterans Eq- of defraying tuition and fees; or then the defendant may receive a sig- uity Act of 2013 to remedy the inequal- ‘‘(bb) the amount equal to— nificantly lower sentence than is ap- ity between benefits for those at a pri- ‘‘(AA) for the academic year beginning on propriate given the number of convic- vate institution and those at a public August 1, 2011, $17,500; or tions on his record. school charging out-of-state fees. This ‘‘(BB) for any subsequent academic year, the amount in effect for the previous aca- Particularly in these times, America bill would allow veterans who are con- cannot continue to give foreign-con- demic year under this subclause, as in- sidered non-residents of the state creased by the percentage increase equal to victed murderers, rapists, and even ter- school they attend to receive up to rorists the right to buy firearms in the the most recent percentage increase deter- $18,077 in tuition benefits, the same mined under section 3015(h) of this title.’’. United States. benefit that would be available to that (b) EFFECTIVE DATE.—The amendment With each passing day, we run a risk veteran if attending a private institu- made by subsection (a) shall apply with re- that foreign felons are exploiting this tion. spect to the payment of educational assist- loophole in our law. This is unaccept- This legislation is supported by ance for an academic year beginning on or able. American Council on Education, Asso- after the date of the enactment of this Act. Criminals convicted in foreign courts ciation of State Colleges and Univer- By Mr. REED (for himself and should not be able to have guns when sities, Association of Public and Land- Ms. STABENOW): U.S. law forbids those convicted of the Grant Universities, Association of same crimes on U.S. soil from pos- S. 265. A bill to amend the Public American Universities and the Amer- Health Service Act to provide grants sessing guns. We should not wait for ican Association of Community Col- for community-based mental health in- lives to be lost before we act to close leges. frastructure improvement; to the Com- this loophole. I am deeply concerned that some for- I urge my colleagues to support this profit institutions may be abusing G.I. mittee on Health, Education, Labor, legislation. tuition payments by aggressively tar- and Pensions. geting veterans for academic programs Mr. REED. Mr. President, today I in- By Mr. DURBIN: that may not provide value to stu- troduce, along with my colleague, Sen- S. 262. A bill to amend title 38, dents, such as preparation for future ator STABENOW, the Community Based United States Code, to provide equity employment. The Veterans Equity Act Mental Health Infrastructure Improve- for tuition and fees for individuals en- will help more veterans attend public ments Act. titled to educational assistance under institutions without significant out of According to the National Survey on the Post-9/11 Educational Assistance pocket costs. Drug Use and Health, a survey con- Program of the Department of Vet- Mr. President, I ask unanimous con- ducted by the Substance Abuse and erans Affairs who are pursuing pro- sent that the text of the bill be printed Mental Health Services Administration grams of education at institutions of in the RECORD. in 2011, Rhode Island has the highest higher learning, and for other purposes; There being no objection, the text of rate of serious mental illness among to the Committee on Veterans’ Affairs. the bill was ordered to be printed in adults in the country. According to Mr. DURBIN. The original GI Bill the RECORD, as follows: this survey, approximately 7.2 percent proved to be a landmark initiative for S. 262 of adults aged 18 or older in my state our troops and an outstanding invest- Be it enacted by the Senate and House of Rep- have a serious mental illness, above ment in the future of our nation. The resentatives of the United States of America in the 4.6 percent national average. Post 9/11 GI bill, signed into law in 2008, Congress assembled, While too often the stigma of mental built on the success of the original pro- SECTION 1. SHORT TITLE. illness prevents individuals from seek- gram by providing helpful and hard- This Act may be cited as the ‘‘Veterans ing diagnosis and treatment, thank- earned educational and economic bene- Education Equity Act of 2013’’. fully, states like Rhode Island have SEC. 2. PROTECTING EQUITY FOR TUITION AND fits for our newest generation of vet- FEES FOR INDIVIDUALS ENTITLED made strides in meeting this challenge. erans. TO ASSISTANCE UNDER THE POST-9/ In Rhode Island, mental health parity Just as the veterans of WWII were 11 EDUCATIONAL ASSISTANCE PRO- laws have been on the books since 2001. the engine of economic recovery and GRAM WHO ARE PURSUING PRO- Similarly, Rhode Island’s Medicaid GRAMS OF EDUCATION AT INSTITU- expansion in the postwar period, the TIONS OF HIGHER LEARNING. program, RIteCare, covers mental and most recent generation of veterans will (a) IN GENERAL.—Clause (i) of subparagraph behavioral health care for low-income continue their service to America by (A) of paragraph (1) of subsection (c) of sec- children and families.

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S527 Those who need this treatment must needs of individuals in rural areas of the Whereas 1 primary care physician in a have access to it. Community Mental United States; rural community annually generates ap- Health Centers play a vital role in Whereas individuals in rural areas of the proximately $1,500,000 in total revenue, and 1 helping individuals get the mental and United States are, per capita, older, poorer, general surgeon in a rural community annu- and sicker than individuals in urban areas of ally generates approximately $2,700,000 in behavioral health care that they need the United States; total revenue; to lead healthier, more productive Whereas, according to the Department of Whereas the average Critical Access Hos- lives. In 2012, Community Mental Health and Human Services, ‘‘rural areas pital, a limited-service rural health care fa- Health Centers in Rhode Island treated have higher rates of poverty, chronic disease, cility, creates 107 jobs and generates approximately 45,000 individuals at and uninsurance, and millions of rural Amer- $4,800,000 in annual payroll, and the wages, over 1 million distinct encounters. icans have limited access to a primary care salaries, and benefits provided by a Critical Next year, the number of individuals provider’’; Access Hospital can amount to 20 percent of treated by Community Mental Health Whereas, according to the Department of the output of a rural community’s economy; Agriculture, individuals in rural areas of the Whereas hospitals in rural communities Centers will likely increase, as over United States have higher rates of age-ad- play a vital role in caring for the residents of 50,000 Rhode Islanders gain access to justed mortality, disability, and chronic dis- those communities and preserving the spe- health insurance. ease than individuals in urban areas of the cial way of life that communities in the As more Americans across the coun- United States; United States foster; and try gain access to health insurance, Whereas the 20 percent of the population of Whereas the closure of a hospital in a rural these centers and other providers will the United States that lives in rural areas is community often results in severe economic see an increased caseload. Yet, many scattered over 90 percent of the landmass of decline in the community and the departure Community Mental Health Centers are the United States; of physicians, nurses, pharmacists, and other Whereas the geography and weather of health providers from the community, and in outdated and outmoded facilities rural areas of the United States can make forces patients to travel long distances for that make if difficult to provide the accessing health care difficult, and cultural, care or to delay receiving care, leading to de- optimal level of care. social, and language barriers compound rural creased health outcomes, higher costs, and The Community Based Mental Health health challenges; added burden to patients: Now therefore be it Infrastructure Improvements Act we Whereas individuals in rural areas of the Resolved, That the Senate— are introducing today would support United States are more likely to be unin- (1) recognizes that access to hospitals and the necessary updates and expansions sured and more likely to receive coverage other health care providers for patients in of some facilities, and the construction through public sources than individuals in rural areas of the United States is essential urban areas of the United States; to the survival and success of communities of entirely new facilities in other in- Whereas the proportion of uninsured and in the United States; stances in order to meet the growing underinsured individuals is rising faster in (2) recognizes that preserving and demand. rural areas of the United States than in strengthening access to quality health care I am pleased that this legislation has urban areas of the United States; in rural areas of the United States is crucial also been included in a broader bill, the Whereas access to health care continues to to the success and prosperity of the United Excellence in Mental Health Act, be a major challenge in rural areas of the States; which I joined Senators STABENOW, United States, as— (3) recognizes that strengthening access to (1) 77 percent of the 2,050 rural counties in hospitals and other health care providers for BLUNT, BOXER, COLLINS, LEAHY and the United States are designated as primary patients in rural areas of the United States RUBIO in introducing today, to make care Health Professional Shortage Areas makes Medicare more cost-effective and im- other updates to the way Community (commonly referred to as ‘‘HPSAs’’); proves health outcomes for patients; Mental Health Centers are reimbursed (2) rural areas of the United States have (4) recognizes that, in addition to the vital for services. I look forward to working fewer than half as many primary care physi- care that rural health care providers provide with my colleagues to address the crit- cians per 100,000 people as urban areas of the to patients, rural health care providers are ical needs of our mental and behavioral United States; and integral to the local economies and are one health care delivery system. (3) more than 50 percent of patients in of the largest types of employers in rural rural areas of the United States travel at areas of the United States; and f least 20 miles to receive specialty medical (5) celebrates the many dedicated medical care, compared to only 6 percent of patients SUBMITTED RESOLUTIONS professionals across the United States who in urban areas of the United States; work hard each day to deliver quality care to Whereas, because rural hospitals and other the nearly 1 in 5 people in the United States providers face unique challenges in admin- living in rural areas, because the dedication SENATE RESOLUTION 26—RECOG- istering care to patients, Congress has tradi- and professionalism of those medical profes- NIZING THAT ACCESS TO HOS- tionally supported those providers by imple- sionals preserves the special way of life and PITALS AND OTHER HEALTH menting— sense of community enjoyed and cherished CARE PROVIDERS FOR PATIENTS (1) specific programs to address rural hos- by individuals in rural areas of the United IN RURAL AREAS OF THE pital closures that occurred in the 1980s by States. providing financial support to hospitals that UNITED STATES IS ESSENTIAL f TO THE SURVIVAL AND SUCCESS are geographically isolated and in which Medicare patients make up a significant per- OF COMMUNITIES IN THE SENATE RESOLUTION 27—DESIG- centage of hospital inpatient days or dis- NATING THE WEEK OF FEB- UNITED STATES charges; and RUARY 4 THROUGH 8, 2013, AS Mr. MORAN (for himself and Ms. (2) a program established in 1997 to support limited-service hospitals that, being located ‘‘NATIONAL SCHOOL COUNSELING KLOBUCHAR) submitted the following WEEK’’ resolution; which was referred to the in rural areas of the United States that can- not support a full-service hospital, are crit- Mrs. MURRAY (for herself, Ms. COL- Committee on Health, Education, ical access points to health care for rural pa- LINS, Mr. ISAKSON, and Mr. LEVIN) sub- Labor, and Pensions: tients; S. RES. 26 mitted the following resolution; which Whereas hospitals in rural areas of the was considered and agreed to: Whereas access to quality health care serv- United States achieve high levels of perform- ices determines whether individuals in the ance, according to standards for quality, pa- S. RES. 27 United States can remain in the commu- tient satisfaction, and operational effi- Whereas the American School Counselor nities they call home and whether their chil- ciency, for the types of care most relevant to Association has designated the week of Feb- dren will return to those communities to rural communities; ruary 4 through 8, 2013, as ‘‘National School raise families of their own; Whereas, in addition to the vital care that Counseling Week’’; Whereas more than 60,000,000 individuals in rural health care providers provide to pa- Whereas the importance of school coun- rural areas of the United States rely on rural tients, rural health care providers are crit- seling has been recognized through the inclu- hospitals and other providers as critical ac- ical to the local economies of their commu- sion of elementary- and secondary-school cess points to health care; nities and are one of the largest types of em- counseling programs in amendments to the Whereas rural areas of the United States ployers in rural areas of the United States Elementary and Secondary Education Act of need quality health care services to attract where, on average, 14 percent of total em- 1965 (20 U.S.C. 6301 et seq.); and retain business and industry; ployment is attributed to the health sector; Whereas school counselors have long advo- Whereas, to ensure that communities in Whereas a hospital in a rural area of the cated that the education system of the the United States survive and flourish, Con- United States is typically one of the top 2 United States must provide equitable oppor- gress must address the unique health care largest employers in that area; tunities for all students;

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S528 CONGRESSIONAL RECORD — SENATE February 7, 2013 Whereas personal and social growth results SA 16. Mr. COBURN submitted an amend- ticular locality, and developing a commu- in increased academic achievement; ment intended to be proposed by him to the nity protocol to address such problems col- Whereas school counselors help develop bill S. 47, supra; which was ordered to lie on laboratively; well-rounded students by guiding the stu- the table. ‘‘(B) develop and implement policies, prac- dents through academic, personal, social, SA 17. Mr. COBURN submitted an amend- tices, and procedures to effectively respond and career development; ment intended to be proposed by him to the to domestic violence, dating violence, sexual Whereas school counselors play a vital role bill S. 47, supra; which was ordered to lie on assault, stalking, or sex trafficking against in ensuring that students are college- and ca- the table. youth; or reer-ready, and are aware of financial aid SA 18. Ms. AYOTTE (for herself and Mrs. ‘‘(C) provide technical assistance and and college opportunities; GILLIBRAND) submitted an amendment in- training to enhance the ability of school per- Whereas school counselors assist with and tended to be proposed by her to the bill S. 47, sonnel, victim service providers, child pro- coordinate efforts to foster a positive school supra; which was ordered to lie on the table. tective service workers, staff of law enforce- culture resulting in a safer learning environ- SA 19. Mr. CORNYN (for himself and Mr. ment agencies, prosecutors, court personnel, ment for all students; CRAPO) submitted an amendment intended to individuals who work in after school pro- Whereas school counselors have been in- be proposed by him to the bill S. 47, supra; grams, medical personnel, social workers, strumental in helping students, teachers, which was ordered to lie on the table. mental health personnel, and workers in and parents deal with personal trauma as SA 20. Mr. WARNER (for himself and Mr. other programs that serve children and well as tragedies in the community and the KIRK) submitted an amendment intended to youth to improve their ability to appro- United States; be proposed by him to the bill S. 47, supra; priately respond to the needs of children and Whereas students face myriad challenges which was ordered to lie on the table. youth who are victims of domestic violence, every day, including peer pressure, bullying, SA 21. Mr. LEAHY submitted an amend- dating violence, sexual assault, stalking, and depression, the deployment of family mem- ment intended to be proposed by him to the sex trafficking, and to properly refer such bers to serve in conflicts overseas, and bill S. 47, supra; which was ordered to lie on children, youth, and their families to appro- school violence; the table. priate services. Whereas school counselors are one of the ‘‘(2) SUPPORTING YOUTH THROUGH EDUCATION f few professionals in a school building who AND PROTECTION.—To enable middle schools, are trained in both education and mental- AMENDMENTS high schools, and institutions of higher edu- health matters; cation to— Whereas the roles and responsibilities of SA 10. Mr. PORTMAN (for himself, ‘‘(A) provide training to school personnel, school counselors are often misunderstood; Mr. BLUMENTHAL, Ms. COLLINS, Ms. including healthcare providers and security Whereas the school-counselor position is AYOTTE, Mr. RUBIO, and Mr. COCH- personnel, on the needs of students who are victims of domestic violence, dating vio- often among the first to be eliminated to RAN) submitted an amendment in- meet budgetary constraints; lence, sexual assault, stalking, or sex traf- tended to be proposed by him to ficking; Whereas the national average ratio of stu- the bill S. 47, to reauthorize the Vi- dents to school counselors of 471 to 1 is al- ‘‘(B) develop and implement prevention olence Against Women Act of 1994; and intervention policies in middle and high most twice that of the ratio of 250 to 1 rec- schools, including appropriate responses to, ommended by the American School Coun- which was ordered to lie on the and identification and referral procedures selor Association, the National Association table; as follows: for, students who are experiencing or perpe- for College Admission Counseling, and other Strike section 302 and insert the following: trating domestic violence, dating violence, organizations; and sexual assault, stalking, or sex trafficking, Whereas the celebration of National SEC. 302. CREATING HOPE THROUGH OUTREACH, and procedures for handling the require- School Counseling Week would increase OPTIONS, SERVICES, AND EDU- CATION FOR CHILDREN AND YOUTH. ments of court protective orders issued to or awareness of the important and necessary Subtitle L of the Violence Against Women against students; role school counselors play in the lives of Act of 1994 is amended by striking sections ‘‘(C) provide support services for student students in the United States: Now, there- 41201 through 41204 (42 U.S.C. 14043c through victims of domestic violence, dating vio- fore, be it lence, sexual assault, stalking, or sex traf- Resolved, That the Senate— 14043c–3) and inserting the following: ficking, such as a resource person who is ei- (1) designates the week of February 4 ‘‘SEC. 41201. CREATING HOPE THROUGH OUT- ther on-site or on-call; through 8, 2013, as ‘‘National School Coun- REACH, OPTIONS, SERVICES, AND EDUCATION FOR CHILDREN AND ‘‘(D) implement developmentally appro- seling Week’’; and YOUTH (‘CHOOSE CHILDREN & priate educational programming for students (2) encourages the people of the United YOUTH’). regarding domestic violence, dating violence, States to observe the week with appropriate ‘‘(a) GRANTS AUTHORIZED.—The Attorney sexual assault, stalking, and sex trafficking ceremonies and activities that promote General, working in collaboration with the and the impact of such violence on youth; or awareness of the role school counselors play Secretary of Health and Human Services and ‘‘(E) develop strategies to increase identi- in the school and the community at large in the Secretary of Education, shall award fication, support, referrals, and prevention preparing students for fulfilling lives as con- grants to enhance the safety of youth and programming for youth who are at high risk tributing members of society. children who are victims of, or exposed to, of domestic violence, dating violence, sexual f domestic violence, dating violence, sexual assault, stalking, or sex trafficking. AMENDMENTS SUBMITTED AND assault, stalking, or sex trafficking and pre- ‘‘(c) ELIGIBLE APPLICANTS.— vent future violence. ‘‘(1) IN GENERAL.—To be eligible to receive PROPOSED ‘‘(b) PROGRAM PURPOSES.—Funds provided a grant under this section, an entity shall SA 10. Mr. PORTMAN (for himself, Mr. under this section may be used for the fol- be— BLUMENTHAL, Ms. COLLINS, Ms. AYOTTE, Mr. lowing program purpose areas: ‘‘(A) a victim service provider, tribal non- RUBIO, and Mr. COCHRAN) submitted an ‘‘(1) SERVICES TO ADVOCATE FOR AND RE- profit, or population-specific or community- amendment intended to be proposed by him SPOND TO YOUTH.—To develop, expand, and based organization with a demonstrated his- to the bill S. 47, to reauthorize the Violence strengthen victim-centered interventions tory of effective work addressing the needs Against Women Act of 1994; which was or- and services that target youth who are vic- of youth who are, including runaway or dered to lie on the table. tims of domestic violence, dating violence, homeless youth affected by, victims of do- SA 11. Ms. MURKOWSKI submitted an sexual assault, stalking, and sex trafficking. mestic violence, dating violence, sexual as- amendment intended to be proposed by her Services may include victim services, coun- sault, stalking, or sex trafficking; to the bill S. 47, supra; which was ordered to seling, advocacy, mentoring, educational ‘‘(B) a victim service provider that is lie on the table. support, transportation, legal assistance in partnered with an entity that has a dem- SA 12. Mr. COBURN submitted an amend- civil, criminal and administrative matters, onstrated history of effective work address- ment intended to be proposed by him to the such as family law cases, housing cases, ing the needs of youth; or bill S. 47, supra; which was ordered to lie on child welfare proceedings, campus adminis- ‘‘(C) a public, charter, tribal, or nationally the table. SA 13. Mr. COBURN submitted an amend- trative proceedings, and civil protection accredited private middle or high school, a ment intended to be proposed by him to the order proceedings, population-specific serv- school administered by the Department of bill S. 47, supra; which was ordered to lie on ices, and other activities that support youth Defense under section 2164 of title 10, United the table. in finding safety, stability, and justice and States Code or section 1402 of the Defense SA 14. Mr. GRASSLEY (for himself, Mr. in addressing the emotional, cognitive, and Dependents’ Education Act of 1978, a group HATCH, and Mr. JOHANNS) submitted an physical effects of trauma. Funds may be of schools, a school district, or an institution amendment intended to be proposed by him used to— of higher education. to the bill S. 47, supra. ‘‘(A) assess and analyze currently available ‘‘(2) PARTNERSHIPS.— SA 15. Mr. COBURN submitted an amend- services for youth victims of domestic vio- ‘‘(A) EDUCATION.—To be eligible to receive ment intended to be proposed by him to the lence, dating violence, sexual assault, stalk- a grant for the purposes described in sub- bill S. 47, supra; which was ordered to lie on ing, and sex trafficking, determining rel- section (b)(2), an entity described in para- the table. evant barriers to such services in a par- graph (1) shall be partnered with a public,

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charter, tribal, or nationally accredited pri- ‘‘(e) TRIBAL COURT JURISDICTION.—For pur- ‘‘(b) DEFINITIONS.—In this section—’’; vate middle or high school, a school adminis- poses of this section, a court of an Indian (B) in paragraph (1)(B), by striking ‘‘and’’ tered by the Department of Defense under tribe shall have full civil jurisdiction to at the end; section 2164 of title 10, United States Code or issue and enforce protection orders involving (C) in paragraph (2), by striking the period section 1402 of the Defense Dependents’ Edu- any person, including the authority to en- at the end and inserting a semicolon; and cation Act of 1978, a group of schools, a force any orders through civil contempt pro- (D) by adding at the end the following: school district, or an institution of higher ceedings, to exclude violators from Indian ‘‘(3) the terms ‘dating partner’ and ‘spouse education. land, and to use other appropriate mecha- or intimate partner’ have the meanings ‘‘(B) OTHER PARTNERSHIPS.—All applicants nisms, in matters arising anywhere in the given those terms in section 2266; under this section are encouraged to work in Indian country of the Indian tribe (as defined ‘‘(4) the term ‘strangling’ means inten- partnership with organizations and agencies in section 1151) or otherwise within the au- tionally, knowingly, or recklessly impeding that work with the relevant population. thority of the Indian tribe.’’. the normal breathing or circulation of the Such entities may include— Beginning on page 193, strike line 20 and blood of a person by applying pressure to the ‘‘(i) a State, tribe, unit of local govern- all that follows through page 194, line 3, and throat or neck, regardless of whether that ment, or territory; insert the following: conduct results in any visible injury or ‘‘(ii) a population specific or community- whether there is any intent to kill or based organization; SEC. 910. SPECIAL RULE FOR THE STATE OF ALASKA. protractedly injure the victim; and ‘‘(iii) batterer intervention programs or ‘‘(5) the term ‘suffocating’ means inten- (a) EXPANDED JURISDICTION.—In the State sex offender treatment programs with spe- tionally, knowingly, or recklessly impeding of Alaska, the amendments made by sections cialized knowledge and experience working the normal breathing of a person by covering 904 and 905 shall only apply to the Indian with youth offenders; or the mouth of the person, the nose of the per- country (as defined in section 1151 of title 18, ‘‘(iv) any other agencies or nonprofit, non- son, or both, regardless of whether that con- United States Code) of the Metlakatla Indian governmental organizations with the capac- duct results in any visible injury or whether Community, Annette Island Reserve. ity to provide effective assistance to the there is any intent to kill or protractedly in- (b) RETAINED JURISDICTION.—The jurisdic- adult, youth, and child victims served by the jure the victim.’’. partnership. tion and authority of each Indian tribe in (b) INDIAN MAJOR CRIMES.—Section 1153(a) ‘‘(d) GRANTEE REQUIREMENTS.—Applicants the State of Alaska under section 2265(e) of for grants under this section shall establish title 18, United States Code (as in effect on of title 18, United States Code, is amended by and implement policies, practices, and proce- the day before the date of enactment of this striking ‘‘assault with intent to commit dures that— Act)— murder, assault with a dangerous weapon, ‘‘(1) require and include appropriate refer- (1) shall remain in full force and effect; and assault resulting in serious bodily injury (as ral systems for child and youth victims; (2) are not limited or diminished by this defined in section 1365 of this title)’’ and in- ‘‘(2) protect the confidentiality and privacy Act or any amendment made by this Act. serting ‘‘a felony assault under section 113’’. of child and youth victim information, par- (c) SAVINGS PROVISION.—Nothing in this (c) REPEAT OFFENDERS.—Section ticularly in the context of parental or third Act or an amendment made by this Act lim- 2265A(b)(1)(B) of title 18, United States Code, party involvement and consent, mandatory its or diminishes the jurisdiction of the is amended by inserting ‘‘or tribal’’ after reporting duties, and working with other State of Alaska, any subdivision of the State ‘‘State’’. service providers all with priority on victim of Alaska, or any Indian tribe in the State of SEC. 905. ANALYSIS AND RESEARCH ON VIO- safety and autonomy; and Alaska. ‘‘(3) ensure that all individuals providing LENCE AGAINST INDIAN WOMEN. intervention or prevention programming to SA 12. Mr. COBURN submitted an (a) IN GENERAL.—Section 904(a) of the Vio- children or youth through a program funded lence Against Women and Department of under this section have completed, or will amendment intended to be proposed by Justice Reauthorization Act of 2005 (42 complete, sufficient training in connection him to the bill S. 47, to reauthorize the U.S.C. 3796gg–10 note) is amended— with domestic violence, dating violence, sex- Violence Against Women Act of 1994; (1) in paragraph (1)— ual assault, stalking, and sex trafficking. which was ordered to lie on the table; (A) by striking ‘‘The National’’ and insert- ‘‘(e) DEFINITIONS AND GRANT CONDITIONS.— as follows: ing ‘‘Not later than 2 years after the date of In this section, the definitions and grant enactment of the Violence Against Women Beginning on page 177, strike line 1 and all conditions provided for in section 40002 shall Reauthorization Act of 2013, the National’’; that follows through page 194, line 3, and in- apply. and sert the following: ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— (B) by inserting ‘‘and in Native villages (as There is authorized to be appropriated to SEC. 904. AMENDMENTS TO THE FEDERAL AS- defined in section 3 of the Alaska Native carry out this section, $15,000,000 for each of SAULT STATUTE. Claims Settlement Act (43 U.S.C. 1602))’’ be- fiscal years 2014 through 2018. (a) IN GENERAL.—Section 113 of title 18, fore the period at the end; ‘‘(g) ALLOTMENT.— United States Code, is amended— (2) in paragraph (2)(A)— ‘‘(1) IN GENERAL.—Not less than 50 percent (1) in subsection (a)— (A) in clause (iv), by striking ‘‘and’’ at the of the total amount appropriated under this (A) by striking paragraph (1) and inserting end; section for each fiscal year shall be used for the following: (B) in clause (v), by striking the period at the purposes described in subsection (b)(1). ‘‘(1) Assault with intent to commit murder the end and inserting ‘‘; and’’; and ‘‘(2) INDIAN TRIBES.—Not less than 10 per- or a violation of section 2241 or 2242, by a fine (C) by adding at the end the following: cent of the total amount appropriated under under this title, imprisonment for not more ‘‘(vi) sex trafficking.’’; this section for each fiscal year shall be than 20 years, or both.’’; (3) in paragraph (4), by striking ‘‘this Act’’ made available for grants under the program (B) in paragraph (2), by striking ‘‘felony and inserting ‘‘the Violence Against Women authorized by section 2015 of the Omnibus under chapter 109A’’ and inserting ‘‘violation Reauthorization Act of 2013’’; and Crime Control and Safe Streets Act of 1968. of section 2241 or 2242’’; (4) in paragraph (5), by striking ‘‘this sec- The requirements of this section shall not (C) in paragraph (3) by striking ‘‘and with- tion $1,000,000 for each of fiscal years 2007 and apply to funds allocated under this para- out just cause or excuse,’’; 2008’’ and inserting ‘‘this subsection $1,000,000 graph. (D) in paragraph (4), by striking ‘‘six for each of fiscal years 2014 and 2015’’. ‘‘(h) PRIORITY.—The Attorney General months’’ and inserting ‘‘1 year’’; (b) AUTHORIZATION OF APPROPRIATIONS.— shall prioritize grant applications under this (E) in paragraph (7)— Section 905(b)(2) of the Violence Against section that coordinate with prevention pro- (i) by striking ‘‘substantial bodily injury grams in the community.’’. to an individual who has not attained the Women and Department of Justice Reauthor- age of 16 years’’ and inserting ‘‘substantial ization Act of 2005 (28 U.S.C. 534 note) is SA 11. Ms. MURKOWSKI submitted bodily injury to a spouse or intimate part- amended by striking ‘‘fiscal years 2007 an amendment intended to be proposed ner, a dating partner, or an individual who through 2011’’ and inserting ‘‘fiscal years 2014 through 2018’’. by her to the bill S. 47, to reauthorize has not attained the age of 16 years’’; and the Violence Against Women Act of (ii) by striking ‘‘fine’’ and inserting ‘‘a SEC. 906. EFFECTIVE DATES; PILOT PROJECT. fine’’; and 1994; which was ordered to lie on the Except as provided in section 4, the amend- (F) by adding at the end the following: ments made by this title shall take effect on table; as follows: ‘‘(8) Assault of a spouse, intimate partner, the date of enactment of this Act. Beginning on page 186, strike line 5 and all or dating partner by strangling, suffocating, that follows through page 187, line 3, and in- or attempting to strangle or suffocate, by a SEC. 907. INDIAN LAW AND ORDER COMMISSION; sert the following: fine under this title, imprisonment for not REPORT ON THE ALASKA RURAL SEC. 905. TRIBAL PROTECTION ORDERS. more than 10 years, or both.’’; and JUSTICE AND LAW ENFORCEMENT Section 2265 of title 18, United States Code, (2) in subsection (b)— COMMISSION. is amended by striking subsection (e) and in- (A) by striking ‘‘(b) As used in this sub- (a) IN GENERAL.—Section 15(f) of the Indian serting the following: section—’’ and inserting the following: Law Enforcement Reform Act (25 U.S.C.

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00051 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S530 CONGRESSIONAL RECORD — SENATE February 7, 2013 2812(f)) is amended by striking ‘‘2 years’’ and Sec. 107. Criminal provision relating to Sec. 804. Regulation of international mar- inserting ‘‘3 years’’. stalking, including riage brokers. (b) REPORT.—The Attorney General, in con- cyberstalking. Sec. 805. GAO report. sultation with the Attorney General of the Sec. 108. Outreach and services to under- Sec. 806. Disclosure of information for na- State of Alaska, the Commissioner of Public served populations grant. tional security purposes. Safety of the State of Alaska, the Alaska Sec. 109. Culturally specific services grant. TITLE IX—SAFETY FOR INDIAN WOMEN Sec. 110. Reauthorization of child abuse Federation of Natives and Federally recog- Sec. 901. Grants to Indian tribal govern- training programs for judicial nized Indian tribes in the State of Alaska, ments. shall report to Congress not later than one personnel and practitioners. Sec. 902. Grants to Indian tribal coalitions. year after enactment of this Act with re- Sec. 111. Offset of restitution and other Sec. 903. Consultation. spect to whether the Alaska Rural Justice State judicial debts against in- Sec. 904. Amendments to the Federal assault and Law Enforcement Commission estab- come tax refund. statute. lished under Section 112(a)(1) of the Consoli- TITLE II—IMPROVING SERVICES FOR Sec. 905. Analysis and research on violence dated Appropriations Act, 2004 should be con- VICTIMS OF DOMESTIC VIOLENCE, against Indian women. tinued and appropriations authorized for the DATING VIOLENCE, SEXUAL ASSAULT, Sec. 906. Effective date. continued work of the commission. The re- AND STALKING Sec. 907. Tribal protection orders. port may contain recommendations for legis- Sec. 201. Sexual assault services program. Sec. 908. Alaska Rural Justice and Law En- lation with respect to the scope of work and Sec. 202. Rural domestic violence, dating vi- forcement Commission. composition of the commission. olence, sexual assault, stalking, Sec. 909. Funding for Federal prosecutors SEC. 908. LIMITATION. and child abuse enforcement as- and magistrate judges to pros- Nothing in this Act or any amendment sistance. ecute and adjudicate domestic made by this Act limits, alters, expands, or Sec. 203. Training and services to end vio- violence cases in Indian coun- diminishes the civil or criminal jurisdiction lence against women with dis- try. of the State of Alaska, any subdivision of the abilities grants. TITLE X—VIOLENT CRIME AGAINST State of Alaska, or any Indian tribe in the Sec. 204. Grant for training and services to WOMEN State of Alaska. end violence against women in Sec. 1001. Sexual abuse in custodial settings. later life. Sec. 1002. Report on compliance with the SA 13. Mr. COBURN submitted an TITLE III—SERVICES, PROTECTION, AND DNA Fingerprint Act of 2005. amendment intended to be proposed by JUSTICE FOR YOUNG VICTIMS OF VIO- Sec. 1003. Report on capacity utilization. him to the bill S. 47, to reauthorize the LENCE Sec. 1004. Mandatory minimum sentence for Violence Against Women Act of 1994; Sec. 301. Rape prevention education grant. aggravated sexual abuse. Sec. 302. Creating hope through outreach, Sec. 1005. Removal of drunk drivers. which was ordered to lie on the table; Sec. 1006. Enhanced penalties for interstate as follows: options, services, and education for children and youth. domestic violence resulting in Beginning on page 177, strike line 1 and all Sec. 303. Grants to combat violent crimes on death, life-threatening bodily that follows through page 187, line 3. campuses. injury, permanent disfigure- Beginning on page 191, strike like 12 and Sec. 304. Campus sexual violence, domestic ment, and serious bodily injury. all that follows through page 192, line 22, and violence, dating violence, and Sec. 1007. Minimum penalties for the posses- insert the following: stalking education and preven- sion of child pornography. Except as provided in section 4, the amend- tion. Sec. 1008. Audit of Office for Victims of ments made by this title shall take effect on Crime. TITLE IV—VIOLENCE REDUCTION the date of enactment of this Act. TITLE XI—THE SAFER ACT Beginning on page 193, strike line 21 and PRACTICES Sec. 401. Study conducted by the centers for Sec. 1101. Short title. all that follows through page 194, line 3, and Sec. 1102. Debbie Smith grants for auditing insert the following: disease control and prevention. Sec. 402. Saving money and reducing trage- sexual assault evidence back- Nothing in this Act or any amendment made dies through prevention grants. logs. by this Act limits, alters, expands, or dimin- Sec. 1103. Reports to congress. ishes the civil or criminal jurisdiction of the TITLE V—STRENGTHENING THE Sec. 1104. Reducing the rape kit backlog. State of Alaska, any subdivision of the State HEALTHCARE SYSTEM’S RESPONSE TO Sec. 1105. Oversight and accountability. of Alaska, or any Indian tribe in the State of DOMESTIC VIOLENCE, DATING VIO- Sec. 1106. Sunset. LENCE, SEXUAL ASSAULT, AND Alaska. SEC. 3. UNIVERSAL DEFINITIONS AND GRANT STALKING CONDITIONS. SA 14. Mr. GRASSLEY (for himself, Sec. 501. Consolidation of grants to (a) DEFINITIONS.—Subsection (a) of section Mr. HATCH, and Mr. JOHANNS) sub- strengthen the healthcare sys- 40002 of the Violence Against Women Act of mitted an amendment intended to be tem’s response to domestic vio- 1994 (42 U.S.C. 13925(a)) is amended— proposed by him to the bill S. 47, to re- lence, dating violence, sexual (1) by striking paragraphs (17), (18), (23), assault, and stalking. authorize the Violence Against Women (33), (36), and (37); (2) by redesignating— Act of 1994; which was ordered to lie on TITLE VI—SAFE HOMES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIO- (A) paragraph (37) as paragraph (47); the table; as follows: LENCE, SEXUAL ASSAULT, AND (B) paragraphs (34) and (35) as paragraphs Strike all after the enacting clause and in- STALKING (43) and (44), respectively; sert the following: Sec. 601. Housing protections for victims of (C) paragraphs (24) through (32) as para- SECTION 1. SHORT TITLE. domestic violence, dating vio- graphs (32) through (40), respectively; This Act may be cited as the ‘‘Violence lence, sexual assault, and stalk- (D) paragraphs (21) and (22) as paragraphs Against Women Reauthorization Act of ing. (28) and (29), respectively; 2013’’. Sec. 602. Transitional housing assistance (E) paragraphs (19) and (20) as paragraphs SEC. 2. TABLE OF CONTENTS. grants for victims of domestic (25) and (26), respectively; The table of contents for this Act is as fol- violence, dating violence, sex- (F) paragraph (18) as paragraph (22); lows: ual assault, and stalking. (G) paragraphs (15) and (16) as paragraphs (20) and (21), respectively; Sec. 1. Short title. Sec. 603. Addressing the housing needs of victims of domestic violence, (H) paragraph (13) as paragraph (19); Sec. 2. Table of contents. (I) paragraph (14) as paragraph (18); Sec. 3. Universal definitions and grant con- dating violence, sexual assault, and stalking. (J) paragraphs (10) through (12) as para- ditions. graphs (15) through (17), respectively; TITLE VII—ECONOMIC SECURITY FOR TITLE I—ENHANCING JUDICIAL AND LAW (K) paragraph (9) as paragraph (13); VICTIMS OF VIOLENCE ENFORCEMENT TOOLS TO COMBAT VI- (L) paragraph (6) as paragraph (12); OLENCE AGAINST VICTIMS Sec. 701. National Resource Center on Work- (M) paragraphs (7) and (8) as paragraphs Sec. 101. Stop grants. place Responses to assist vic- (10) and (11), respectively; Sec. 102. Grants to encourage accountability tims of domestic and sexual vi- (N) paragraph (1) as paragraph (7); policies and enforcement of pro- olence. (O) paragraph (5) as paragraph (6); tection orders. TITLE VIII—IMMIGRATION PROVISIONS (P) paragraph (3) as paragraph (5); and Sec. 103. Legal assistance for victims. Sec. 801. Application of special rule for bat- (Q) paragraph (2) as paragraph (3); Sec. 104. Consolidation of grants to support tered spouse or child. (3) by inserting before paragraph (3), as re- families in the justice system. Sec. 802. Clarification of the requirements designated, the following: Sec. 105. Sex offender management. applicable to U visas. ‘‘(1) ALASKA NATIVE VILLAGE.—The term Sec. 106. Court-appointed special advocate Sec. 803. Protections for a fiance´e or fiance´ ‘Alaska Native village’ has the same mean- program. of a citizen. ing given such term in the Alaska Native

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00052 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S531 Claims Settlement Act (43 U.S.C. 1601 et (13) by inserting after paragraph (26), as re- turally specific services, population specific seq.). designated, the following: services, and other related supportive serv- ‘‘(2) CHILD.—The term ‘child’ means a per- ‘‘(27) RAPE CRISIS CENTER.—The term ‘rape ices. son who is under 11 years of age.’’; crisis center’ means a nonprofit, nongovern- ‘‘(47) YOUTH.—The term ‘youth’ means a (4) in paragraph (3), as redesignated, by mental, or tribal organization, or govern- person who is 11 to 20 years old.’’. striking ‘‘serious harm.’’ and inserting ‘‘seri- mental entity in a State other than a Terri- (b) GRANTS CONDITIONS.—Subsection (b) of ous harm to an unemancipated minor.’’; tory that provides intervention and related section 40002 of the Violence Against Women (5) in paragraph (5), as redesignated, by assistance, as specified in section Act of 1994 (42 U.S.C. 13925(b)) is amended— striking ‘‘The term’’ through ‘‘that—’’ and 41601(b)(2)(C), to victims of sexual assault (1) in paragraph (2)— inserting ‘‘The term ‘community-based orga- without regard to their age. In the case of a (A) in subparagraph (B), by striking nization’ means a nonprofit, nongovern- governmental entity, the entity may not be clauses (i) and (ii) and inserting the fol- mental, or tribal organization that serves a part of the criminal justice system (such as lowing: specific geographic community that—’’; a law enforcement agency) and must be able ‘‘(i) disclose, reveal, or release any person- (6) by inserting after paragraph (7), as re- to offer a comparable level of confidentiality ally identifying information or individual in- designated, the following: as a nonprofit entity that provides similar formation collected in connection with serv- victim services.’’; ‘‘(8) CULTURALLY SPECIFIC.—The term ‘cul- ices requested, utilized, or denied through (14) in paragraph (28), as redesignated— turally specific’ means primarily directed to- grantees’ and subgrantees’ programs, regard- (A) in subparagraph (A), by striking ‘‘or’’ ward racial and ethnic minority groups (as less of whether the information has been en- after the semicolon; defined in section 1707(g) of the Public coded, encrypted, hashed, or otherwise pro- (B) in subparagraph (B), by striking the pe- Health Service Act (42 U.S.C. 300u–6(g)). tected; or riod and inserting ‘‘; or’’; and ‘‘(9) CULTURALLY SPECIFIC SERVICES.—The ‘‘(ii) disclose, reveal, or release individual (C) by inserting at the end the following: term ‘culturally specific services’ means client information without the informed, ‘‘(C) any federally recognized Indian community-based services that offer cul- written, reasonably time-limited consent of tribe.’’; turally relevant and linguistically specific the person (or in the case of an (15) in paragraph (29), as redesignated— services and resources to culturally specific (A) by striking ‘‘52’’ and inserting ‘‘57’’; unemancipated minor, the minor and the communities.’’; and parent or guardian or in the case of legal in- (7) in paragraph (12), as redesignated, by (B) by striking ‘‘150,000’’ and inserting capacity, a court-appointed guardian) about inserting ‘‘or intimate partner’’ after ‘‘250,000’’; whom information is sought, whether for ‘‘former spouse’’ and ‘‘as a spouse’’; (16) by inserting after paragraph (29), as re- this program or any other Federal, State, (8) by inserting after paragraph (13), as re- designated, the following: tribal, or territorial grant program, except designated, the following: ‘‘(30) SEX TRAFFICKING.—The term ‘sex traf- that consent for release may not be given by ‘‘(14) HOMELESS.—The term ‘homeless’ has ficking’ means any conduct proscribed by the abuser of the minor, incapacitated per- the meaning provided in section 41403(6).’’; section 1591 of title 18, United States Code, son, or the abuser of the other parent of the (9) in paragraph (20), as redesignated, by whether or not the conduct occurs in inter- minor. inserting ‘‘or Village Public Safety Officers’’ state or foreign commerce or within the spe- If a minor or a person with a legally ap- after ‘‘governmental victim services pro- cial maritime and territorial jurisdiction of pointed guardian is permitted by law to re- grams’’; the United States. ceive services without the parent’s or guard- (10) in paragraph (21), as redesignated, by ‘‘(31) SEXUAL ASSAULT.—The term ‘sexual ian’s consent, the minor or person with a inserting at the end the following: assault’ means any nonconsensual sexual act guardian may release information without ‘‘Intake or referral, by itself, does not con- proscribed by Federal, tribal, or State law, additional consent.’’; stitute legal assistance.’’; including when the victim lacks capacity to (B) by amending subparagraph (D), to read (11) by inserting after paragraph (21), as re- consent.’’; as follows: designated, the following: (17) by inserting after paragraph (40), as re- ‘‘(D) INFORMATION SHARING.— ‘‘(22) PERSONALLY IDENTIFYING INFORMATION designated, the following: ‘‘(i) Grantees and subgrantees may share— OR PERSONAL INFORMATION.—The term ‘per- ‘‘(41) UNDERSERVED POPULATIONS.—The ‘‘(I) nonpersonally identifying data in the sonally identifying information’ or ‘personal term ‘underserved populations’ means popu- aggregate regarding services to their clients information’ means individually identifying lations who face barriers in accessing and and nonpersonally identifying demographic information for or about an individual in- using victim services, and includes popu- information in order to comply with Federal, cluding information likely to disclose the lo- lations underserved because of geographic lo- State, tribal, or territorial reporting, evalua- cation of a victim of domestic violence, dat- cation, underserved racial and ethnic popu- tion, or data collection requirements; ing violence, sexual assault, or stalking, re- lations, populations underserved because of ‘‘(II) court-generated information and law gardless of whether the information is en- special needs (such as language barriers, dis- enforcement-generated information con- coded, encrypted, hashed, or otherwise pro- abilities, alienage status, or age), and any tained in secure, governmental registries for tected, including— other population determined to be under- protection order enforcement purposes; and ‘‘(A) a first and last name; served by the Attorney General or by the ‘‘(III) law enforcement-generated and pros- ‘‘(B) a home or other physical address; Secretary of Health and Human Services, as ecution-generated information necessary for ‘‘(C) contact information (including a post- appropriate. law enforcement, intelligence, national secu- al, e-mail or Internet protocol address, or ‘‘(42) UNIT OF LOCAL GOVERNMENT.—The rity, or prosecution purposes. telephone or facsimile number); term ‘unit of local government’ means any ‘‘(ii) In no circumstances may— ‘‘(D) a social security number, driver li- city, county, township, town, borough, par- ‘‘(I) an adult, youth, or child victim of do- cense number, passport number, or student ish, village, or other general purpose polit- mestic violence, dating violence, sexual as- identification number; and ical subdivision of a State.’’; and sault, or stalking be required to provide a ‘‘(E) any other information, including date (18) by inserting after paragraph (44), as re- consent to release his or her personally iden- of birth, racial or ethnic background, or reli- designated, the following: tifying information as a condition of eligi- gious affiliation, that would serve to identify ‘‘(45) VICTIM SERVICE PROVIDER.—The term bility for the services provided by the grant- any individual. ‘victim service provider’ means a nonprofit, ee or subgrantee; ‘‘(23) POPULATION SPECIFIC ORGANIZATION.— nongovernmental or tribal organization or ‘‘(II) any personally identifying informa- The term ‘population specific organization’ rape crisis center, including a State or tribal tion be shared in order to comply with Fed- means a nonprofit, nongovernmental organi- coalition, that assists domestic violence, eral, tribal, or State reporting, evaluation, zation that primarily serves members of a dating violence, sexual assault, or stalking or data collection requirements, whether for specific underserved population and has dem- victims, including domestic violence shel- this program or any other Federal, tribal, or onstrated experience and expertise providing ters, faith-based organizations, and other or- State grant program.’’; targeted services to members of that specific ganizations, with a documented history of ef- (C) by redesignating subparagraph (E) as underserved population. fective work concerning domestic violence, subparagraph (F); ‘‘(24) POPULATION SPECIFIC SERVICES.—The dating violence, sexual assault, or stalking. (D) by inserting after subparagraph (D) the term ‘population specific services’ means ‘‘(46) VICTIM SERVICES OR SERVICES.—The following: victim-centered services that address the terms ‘victim services’ and ‘services’ mean ‘‘(E) STATUTORILY MANDATED REPORTS OF safety, health, economic, legal, housing, services provided to victims of domestic vio- ABUSE OR NEGLECT.—Nothing in this section workplace, immigration, confidentiality, or lence, dating violence, sexual assault, or prohibits a grantee or subgrantee from re- other needs of victims of domestic violence, stalking, including telephonic or web-based porting suspected abuse or neglect, as those dating violence, sexual assault, or stalking, hotlines, legal advocacy, economic advocacy, terms are defined by law, where specifically and that are designed primarily for and are emergency and transitional shelter, accom- mandated by the State or tribe involved.’’; targeted to a specific underserved popu- paniment and advocacy through medical, and lation.’’; civil or criminal justice, immigration, and (E) by inserting after subparagraph (F), as (12) in paragraph (25), as redesignated, by social support systems, crisis intervention, redesignated, the following: striking ‘‘services’’ and inserting ‘‘assist- short-term individual and group support ‘‘(G) CONFIDENTIALITY ASSESSMENT AND AS- ance’’; services, information and referrals, cul- SURANCES.—Grantees and subgrantees must

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00053 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S532 CONGRESSIONAL RECORD — SENATE February 7, 2013 document their compliance with the con- after, the Inspector General of the Depart- Attorney General, the Secretary of Health fidentiality and privacy provisions required ment of Justice shall conduct an audit of not and Human Services, or by any individual or under this section.’’; fewer than 10 percent of all recipients of organization awarded funds under this Act, (2) by striking paragraph (3) and inserting grants under this Act to prevent waste, to host or support any expenditure for con- the following: fraud, and abuse of funds by grantees. ferences, unless in the case of the Depart- ‘‘(3) APPROVED ACTIVITIES.—In carrying out ‘‘(B) MANDATORY EXCLUSION.—A recipient ment of Justice, the Deputy Attorney Gen- the activities under this title, grantees and of grant funds under this Act that is found to eral or the appropriate Assistant Attorney subgrantees may collaborate with, or provide have an unresolved audit finding shall not be General, or in the case of the Department of information to Federal, State, local, tribal, eligible to receive grant funds under this Act Health and Human Services the Deputy Sec- and territorial public officials and agencies during the 2 fiscal years beginning after the retary, provides prior written authorization to develop and implement policies and de- 12-month period described in subparagraph that the funds may be expended to host a velop and promote State, local, or tribal leg- (E). conference. islation or model codes designed to reduce or ‘‘(C) PRIORITY.—In awarding grants under ‘‘(ii) WRITTEN APPROVAL.—Written ap- eliminate domestic violence, dating vio- this Act, the Attorney General shall give pri- proval under clause (i) may not be delegated lence, sexual assault, and stalking.’’; ority to eligible entities that, during the 3 and shall include a written estimate of all (3) in paragraph (7), by inserting at the end fiscal years before submitting an application costs associated with the conference, includ- the following: for a grant under this Act, did not have an ing the cost of all food and beverages, audio/ ‘‘Final reports of such evaluations shall be unresolved audit finding showing a violation visual equipment, honoraria for speakers, made available to the public via the agency’s in the terms or conditions of a Department and any entertainment. website.’’; and of Justice grant program. ‘‘(iii) REPORT.—The Deputy Attorney Gen- (4) by inserting after paragraph (11) the fol- ‘‘(D) REIMBURSEMENT.—If an entity is eral and Deputy Secretary shall submit an lowing: awarded grant funds under this Act during annual report to the Committee on the Judi- ‘‘(12) DELIVERY OF LEGAL ASSISTANCE.—Any the 2-fiscal-year period in which the entity is ciary of the Senate and the Committee on grantee or subgrantee providing legal assist- barred from receiving grants under subpara- the Judiciary of the House of Representa- ance with funds awarded under this title graph (B), the Attorney General shall— tives on all conference expenditures ap- shall comply with the eligibility require- ‘‘(i) deposit an amount equal to the grant proved and denied. ments in section 1201(d) of the Violence funds that were improperly awarded to the ‘‘(I) PROHIBITION ON LOBBYING ACTIVITY.— Against Women Act of 2000 (42 U.S.C. 3796gg– grantee into the General Fund of the Treas- ‘‘(i) IN GENERAL.—Amounts authorized to 6(d)). ury; and be appropriated under this Act may not be ‘‘(13) CIVIL RIGHTS.— ‘‘(ii) seek to recoup the costs of the repay- utilized by any grant recipient to— ‘‘(A) NONDISCRIMINATION.—No person in the ment to the fund from the grant recipient ‘‘(I) lobby any representative of the De- United States shall on the basis of actual or that was erroneously awarded grant funds. partment of Justice regarding the award of perceived race, color, religion, national ori- ‘‘(E) UNRESOLVED AUDIT FINDING DEFINED.— grant funding; or gin, sex, or disability be excluded from par- In this paragraph, the term ‘unresolved audit ‘‘(II) lobby any representative of a Federal, ticipation in, be denied the benefits of, or be finding’ means an audit report finding, state- State, local, or tribal government regarding subjected to discrimination under any pro- ment, or recommendation that the grantee the award of grant funding. gram or activity funded in whole or in part has utilized grant funds for an unauthorized ‘‘(ii) PENALTY.—If the Attorney General de- with funds made available under the Vio- expenditure or otherwise unallowable cost termines that any recipient of a grant under lence Against Women Act of 1994 (title IV of that is not closed or resolved within a 12- this Act has violated clause (i), the Attorney Public Law 103–322; 108 Stat. 1902), the Vio- month period beginning on the date of an General shall— lence Against Women Act of 2000 (division B initial notification of the finding or rec- ‘‘(I) require the grant recipient to repay of Public Law 106–386; 114 Stat. 1491), the Vio- ommendation. the grant in full; and lence Against Women and Department of ‘‘(F) NONPROFIT ORGANIZATION REQUIRE- ‘‘(II) prohibit the grant recipient from re- Justice Reauthorization Act of 2005 (title IX MENTS.— ceiving another grant under this Act for not of Public Law 109–162; 119 Stat. 3080), the Vio- ‘‘(i) DEFINITION.—For purposes of this sec- less than 5 years. lence Against Women Reauthorization Act of tion and the grant programs described in ‘‘(J) ANNUAL CERTIFICATION.—Beginning in 2013, and any other program or activity fund- this Act, the term ‘nonprofit organization’ the first fiscal year beginning after the date ed in whole or in part with funds appro- means an organization that is described in of the enactment of this Act, the Assistant priated for grants, cooperative agreements, section 501(c)(3) of the Internal Revenue Code Attorney General for the Office of Justice and other assistance administered by the Of- of 1986 and is exempt from taxation under Programs, the Director of the Office on Vio- fice on Violence Against Women. section 501(a) of such Code. lence Against Women, and the Deputy Sec- ‘‘(B) EXCEPTION.—If gender segregation or ‘‘(ii) PROHIBITION.—The Attorney General retary for Health and Human Services shall gender-specific programming is necessary to shall not award a grant under any grant pro- submit to the Committee on the Judiciary the essential operation of a program, noth- gram described in this Act to a nonprofit or- and the Committee on Appropriations of the ing in this paragraph shall prevent any such ganization that holds money in offshore ac- Senate and the Committee on the Judiciary program or activity from consideration of an counts for the purpose of avoiding paying the and the Committee on Appropriations of the individual’s gender. In such circumstances, tax described in section 511(a) of the Internal House of Representatives an annual certifi- alternative reasonable accommodations are Revenue Code of 1986. cation that— sufficient to meet the requirements of this ‘‘(iii) DISCLOSURE.—Each nonprofit organi- ‘‘(i) all audits issued by the Office of the paragraph. zation that is awarded a grant under a grant Inspector General under subparagraph (A) ‘‘(C) DISCRIMINATION.—The provisions of program described in this Act and uses the have been completed and reviewed by the As- paragraphs (2) through (4) of section 809(c) of procedures prescribed in regulations to cre- sistant Attorney General for the Office of the Omnibus Crime Control and Safe Streets ate a rebuttable presumption of reasonable- Justice Programs; Act of 1968 (42 U.S.C. 3789d(c)) apply to viola- ness for the compensation of its officers, di- ‘‘(ii) all mandatory exclusions required tions of subparagraph (A). rectors, trustees, and key employees, shall under subparagraph (B) have been issued; ‘‘(D) CONSTRUCTION.—Nothing contained in disclose to the Attorney General, in the ap- ‘‘(iii) all reimbursements required under this paragraph shall be construed, inter- plication for the grant, the process for deter- subparagraph (D) have been made; and preted, or applied to supplant, displace, pre- mining such compensation, including the ‘‘(iv) includes a list of any grant recipients empt, or otherwise diminish the responsibil- independent persons involved in reviewing excluded under subparagraph (B) from the ities and liabilities under other State or Fed- and approving such compensation, the com- previous year.’’. eral civil rights law, whether statutory or parability data used, and contemporaneous TITLE I—ENHANCING JUDICIAL AND LAW common. substantiation of the deliberation and deci- ENFORCEMENT TOOLS TO COMBAT VIO- ‘‘(14) CLARIFICATION OF VICTIM SERVICES AND sion. Upon request, the Attorney General LENCE AGAINST VICTIMS LEGAL ASSISTANCE.—Victim services and shall make the information disclosed under SEC. 101. STOP GRANTS. legal assistance provided under this title this subsection available for public inspec- Title I of the Omnibus Crime Control and may include services and assistance to vic- tion. Safe Streets Act of 1968 (42 U.S.C. 3711 et tims of domestic violence, dating violence, ‘‘(G) ADMINISTRATIVE EXPENSES.—Unless seq.) is amended— sexual assault, or stalking who are also vic- otherwise explicitly provided in authorizing (1) in section 1001(a)(18) (42 U.S.C. tims of severe forms of trafficking in persons legislation, not more than 7.5 percent of the 3793(a)(18)), by striking ‘‘$225,000,000 for each as defined by section 103 of the Trafficking amounts authorized to be appropriated under of fiscal years 2007 through 2011’’ and insert- Victims Protection Act of 2000 (22 U.S.C. this Act may be used by the Attorney Gen- ing ‘‘$222,000,000 for each of fiscal years 2014 7102). eral for salaries and administrative expenses through 2018’’; ‘‘(15) ACCOUNTABILITY.—All grants awarded of the Department of Justice. (2) in section 2001 (42 U.S.C. 3796gg), by by the Attorney General that are authorized ‘‘(H) CONFERENCE EXPENDITURES.— striking ‘‘against women’’ each place that under this Act shall be subject to the fol- ‘‘(i) LIMITATION.—No amounts authorized term appears and inserting ‘‘against vic- lowing accountability provisions: to be appropriated to the Department of Jus- tims’’; ‘‘(A) AUDIT REQUIREMENT.—Beginning in tice, or Department of Health and Human (3) in section 2001(b) (42 U.S.C. 3796gg(b)), fiscal year 2014, and in each fiscal year there- Services under this Act may be used by the as amended by paragraph (2)—

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00054 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S533 (A) in the matter preceding paragraph (1)— ‘‘(15) developing, implementing, or enhanc- (V) in subparagraph (D) as redesignated by (i) by striking ‘‘equipment’’ and inserting ing Sexual Assault Response Teams, or other subclause (II) by striking ‘‘for’’ and inserting ‘‘resources’’; and similar coordinated community responses to ‘‘to’’; and (ii) by inserting ‘‘for the protection and sexual assault; (vi) by adding at the end the following: safety of victims,’’ before ‘‘and specifi- ‘‘(16) developing and strengthening poli- ‘‘(5) not later than 2 years after the date of cally,’’; cies, protocols, best practices, and training enactment of this Act, and every year there- (B) in paragraph (1), by striking ‘‘sexual for law enforcement agencies and prosecu- after, not less than 30 percent of the total assault’’ and all that follows through ‘‘dat- tors relating to the investigation and pros- amount granted to a State under this part ing violence’’ and inserting ‘‘domestic vio- ecution of sexual assault cases and the ap- shall be allocated for programs or projects lence, dating violence, sexual assault, and propriate treatment of victims; that meaningfully address sexual assault, in- stalking’’; ‘‘(17) developing, enlarging, or strength- cluding stranger rape, acquaintance rape, al- (C) in paragraph (2), by striking ‘‘sexual as- ening programs addressing sexual assault cohol or drug-facilitated rape, and rape with- sault and domestic violence’’ and inserting against men, women, and youth in correc- in the context of an intimate partner rela- ‘‘domestic violence, dating violence, sexual tional and detention settings; tionship.’’; assault, and stalking’’; ‘‘(18) identifying and conducting inven- (D) by striking subsection (d) and inserting (D) in paragraph (3), by striking ‘‘sexual tories of backlogs of sexual assault evidence the following: assault and domestic violence’’ and inserting collection kits and developing protocols and ‘‘(d) APPLICATION REQUIREMENTS.—An ap- ‘‘domestic violence, dating violence, sexual policies for responding to and addressing plication for a grant under this section shall assault, and stalking, as well as the appro- such backlogs, including protocols and poli- include— priate treatment of victims’’; cies for notifying and involving victims; and ‘‘(1) the certifications of qualification re- (E) in paragraph (4)— ‘‘(19) developing, enhancing, or strength- quired under subsection (c); (i) by striking ‘‘sexual assault and domes- ening prevention and educational program- ‘‘(2) proof of compliance with the require- tic violence’’ and inserting ‘‘domestic vio- ming to address domestic violence, dating vi- ments for the payment of forensic medical lence, dating violence, sexual assault, and olence, sexual assault, or stalking, with not exams and judicial notification, described in stalking’’; and more than 5 percent of the amount allocated section 2010; (ii) by inserting ‘‘, classifying,’’ after to a State to be used for this purpose.’’; and ‘‘(3) proof of compliance with the require- ‘‘identifying’’; (N) in the flush text at the end, by striking ments for paying fees and costs relating to (F) in paragraph (5)— ‘‘paragraph (14)’’ and inserting ‘‘paragraph domestic violence and protection order (i) by inserting ‘‘and legal assistance’’ (13)’’; cases, described in section 2011 of this title; after ‘‘victim services’’; (4) in section 2007 (42 U.S.C. 3796gg–1)— ‘‘(4) proof of compliance with the require- (ii) by striking ‘‘domestic violence and dat- (A) in subsection (a), by striking ‘‘non- ments prohibiting polygraph examinations ing violence’’ and inserting ‘‘domestic vio- profit nongovernmental victim service pro- of victims of sexual assault, described in sec- lence, dating violence, and stalking’’; grams’’ and inserting ‘‘victim service pro- tion 2013 of this title; (iii) by striking ‘‘sexual assault and domes- viders’’; ‘‘(5) an implementation plan required tic violence’’ and inserting ‘‘domestic vio- (B) in subsection (b)(6), by striking ‘‘(not under subsection (i); and lence, dating violence, sexual assault, and including populations of Indian tribes)’’; ‘‘(6) any other documentation that the At- stalking’’; and (C) in subsection (c)— torney General may require.’’; (iv) by striking ‘‘including crimes’’ and all (i) by striking paragraph (2) and inserting (E) in subsection (e)— that follows and inserting ‘‘including crimes the following: (i) in paragraph (2)— of domestic violence, dating violence, sexual ‘‘(2) grantees and subgrantees shall develop (I) in subparagraph (A), by striking ‘‘do- assault, and stalking;’’; a plan for implementation and may consult mestic violence and sexual assault’’ and in- (G) by striking paragraph (6) and redesig- and coordinate with— serting ‘‘domestic violence, dating violence, nating paragraphs (7) through (14) as para- ‘‘(A) the State sexual assault coalition; sexual assault, and stalking’’; and graphs (6) through (13), respectively; ‘‘(B) the State domestic violence coalition; (II) in subparagraph (D), by striking ‘‘lin- (H) in paragraph (6), as redesignated by ‘‘(C) the law enforcement entities within guistically and culturally’’ and inserting subparagraph (G), by striking ‘‘sexual as- the State; ‘‘population’’; and sault and domestic violence’’ and inserting ‘‘(D) prosecution offices; (ii) by adding at the end the following: ‘‘domestic violence, dating violence, sexual ‘‘(E) State and local courts; ‘‘(3) CONDITIONS.—In disbursing grants assault, and stalking’’; ‘‘(F) Tribal governments in those States under this part, the Attorney General may (I) in paragraph (7), as redesignated by sub- with State or federally recognized Indian impose reasonable conditions on grant paragraph (G), by striking ‘‘and dating vio- tribes; awards to ensure that the States meet statu- lence’’ and inserting ‘‘dating violence, and ‘‘(G) representatives from underserved pop- tory, regulatory, and other programs re- stalking’’; ulations; quirements.’’; (J) in paragraph (9), as redesignated by ‘‘(H) victim service providers; (F) in subsection (f), by striking the period subparagraph (G), by striking ‘‘domestic vio- ‘‘(I) population specific organizations; and at the end and inserting ‘‘, except that, for lence or sexual assault’’ and inserting ‘‘do- ‘‘(J) other entities that the State or the purposes of this subsection, the costs of the mestic violence, dating violence, sexual as- Attorney General identifies as needed for the projects for victim services or tribes for sault, or stalking’’; planning process;’’; which there is an exemption under section (K) in paragraph (12), as redesignated by (ii) by striking paragraph (4); 40002(b)(1) of the Violence Against Women subparagraph (G)— (iii) by redesignating paragraph (3) as para- Act of 1994 (42 U.S.C. 13925(b)(1)) shall not (i) in subparagraph (A), by striking ‘‘triage graph (4); count toward the total costs of the protocols to ensure that dangerous or poten- (iv) by inserting after paragraph (2), as projects.’’; and tially lethal cases are identified and amended by clause (i), the following: (G) by adding at the end the following: prioritized’’ and inserting ‘‘the use of evi- ‘‘(3) grantees shall coordinate the State ‘‘(i) IMPLEMENTATION PLANS.—A State ap- dence-based indicators to assess the risk of implementation plan described in paragraph plying for a grant under this part shall— domestic and dating violence homicide and (2) with the State plans described in section ‘‘(1) develop an implementation plan in prioritize dangerous or potentially lethal 307 of the Family Violence Prevention and consultation with the entities listed in sub- cases’’; and Services Act (42 U.S.C. 10407) and the plans section (c)(2), that identifies how the State (ii) by striking ‘‘and’’ at the end; described in the Victims of Crime Act of 1984 will use the funds awarded under this part; (L) in paragraph (13), as redesignated by (42 U.S.C. 10601 et seq.) and section 393A of and subparagraph (G)— the Public Health Service Act (42 U.S.C. ‘‘(2) submit to the Attorney General— (i) by striking ‘‘to provide’’ and inserting 280b–1b).’’; ‘‘(A) the implementation plan developed ‘‘providing’’; (v) in paragraph (4), as redesignated by under paragraph (1); (ii) by striking ‘‘nonprofit nongovern- clause (ii)— ‘‘(B) documentation from each member of mental’’; (I) in subparagraph (A), by striking ‘‘and the planning committee as to their partici- (iii) by striking the comma after ‘‘local not less than 25 percent shall be allocated for pation in the planning process; governments’’; and prosecutors’’; ‘‘(C) documentation from the prosecution, (iv) by striking the period at the end and (II) by redesignating subparagraphs (B) and law enforcement, court, and victim services inserting a semicolon; (C) as subparagraphs (C) and (D); programs to be assisted, describing— (M) by inserting after paragraph (13), as re- (III) by inserting after subparagraph (A), ‘‘(i) the need for the grant funds; designated by subparagraph (G), the fol- the following: ‘‘(ii) the intended use of the grant funds; lowing: ‘‘(B) not less than 25 percent shall be allo- ‘‘(iii) the expected result of the grant ‘‘(14) developing and promoting State, cated for prosecutors;’’; funds; and local, or tribal legislation and policies that (IV) in subparagraph (C), as redesignated ‘‘(iv) the demographic characteristics of enhance best practices for responding to do- by subclause (II), by striking ‘‘culturally the populations to be served, including age, mestic violence, dating violence, sexual as- specific community based’’ and inserting disability, race, ethnicity, and language sault, and stalking; ‘‘population specific’’; and background;

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00055 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S534 CONGRESSIONAL RECORD — SENATE February 7, 2013 ‘‘(D) a description of how the State will en- forcement in responding to an incident of do- (I) in the matter preceding subparagraph sure that any subgrantees will consult with mestic violence in the absence of probable (A), by inserting ‘‘except for a court,’’ before victim service providers during the course of cause’’ before the period; ‘‘certify’’; and developing their grant applications in order (iii) in paragraph (2), by striking ‘‘and (II) by redesignating subparagraphs (A) and to ensure that the proposed activities are de- training in police departments to improve (B) as clauses (i) and (ii), and adjusting the signed to promote the safety, confiden- tracking of cases’’ and inserting ‘‘data col- margin accordingly; tiality, and economic independence of vic- lection systems, and training in police de- (ii) in paragraph (2), by inserting ‘‘except tims; partments to improve tracking of cases and for a court,’’ before ‘‘demonstrate’’; ‘‘(E) demographic data on the distribution classification of complaints’’; (iii) in paragraph (4)— of underserved populations within the State (iv) in paragraph (4), by inserting ‘‘and pro- (I) by inserting ‘‘modification, enforce- and a description of how the State will meet vide the appropriate training and education ment, dismissal,’’ after ‘‘registration,’’ each the needs of underserved populations, includ- about domestic violence, dating violence, place it appears; ing the minimum allocation for population sexual assault, and stalking’’ after ‘‘com- (II) by inserting ‘‘dating violence,’’ after specific services required under subsection puter tracking systems’’; ‘‘domestic violence,’’; and (c)(4)(C); (v) in paragraph (5), by inserting ‘‘and (III) by striking ‘‘and’’ at the end; ‘‘(F) a description of how the State plans other victim services’’ after ‘‘legal advocacy (iv) in paragraph (5)— to meet the requirements of subsection service programs’’; (I) in the matter preceding subparagraph (c)(5); (vi) in paragraph (6), by striking ‘‘judges’’ (A), by striking ‘‘, not later than 3 years ‘‘(G) goals and objectives for reducing do- and inserting ‘‘Federal, State, tribal, terri- after the date of enactment of this section,’’; mestic violence-related homicides within the torial, and local judges, courts, and court- (II) by redesignating subparagraphs (A) and State; and based and court-related personnel’’; (B) as clauses (i) and (ii), and adjusting the ‘‘(H) any other information requested by (vii) in paragraph (8), by striking ‘‘and sex- margin accordingly; the Attorney General.’’; ual assault’’ and inserting ‘‘dating violence, (III) in clause (ii), as redesignated by sub- (5) in section 2010 (42 U.S.C. 3796gg–4)— sexual assault, and stalking’’; clause (III) of this clause, by striking ‘‘sub- (A) in subsection (a), by striking paragraph (viii) in paragraph (10), by striking ‘‘non- paragraph (A)’’ and inserting ‘‘clause (i)’’; (1) and inserting the following: profit, non-governmental victim services or- and ‘‘(1) IN GENERAL.—A State, Indian tribal ganizations,’’ and inserting ‘‘victim service (IV) by striking the period at the end and government, or unit of local government providers, population specific organiza- inserting ‘‘; and’’; shall not be entitled to funds under this part tions,’’; and (v) by redesignating paragraphs (1) through unless the State, Indian tribal government, (ix) by adding at the end the following: (5), as amended by this subparagraph, as sub- unit of local government, or another govern- ‘‘(14) To develop and implement training paragraphs (A) through (E), respectively; mental entity— programs for prosecutors and other prosecu- (vi) in the matter preceding subparagraph ‘‘(A) incurs the full out-of-pocket cost of tion-related personnel regarding best prac- (A), as redesignated by clause (v) of this sub- forensic medical exams described in sub- tices to ensure offender accountability, vic- paragraph— section (b) for victims of sexual assault; and tim safety, and victim consultation in cases (I) by striking the comma that imme- involving domestic violence, dating violence, ‘‘(B) coordinates with health care providers diately follows another comma; and sexual assault, and stalking. in the region to notify victims of sexual as- (II) by striking ‘‘grantees are States’’ and ‘‘(15) To develop or strengthen policies, sault of the availability of rape exams at no inserting the following: ‘‘grantees are— protocols, and training for law enforcement cost to the victims.’’; ‘‘(1) States’’; and officers, prosecutors, and the judiciary in (B) in subsection (b)— (vii) by adding at the end the following: recognizing, investigating, and prosecuting (i) in paragraph (1), by inserting ‘‘or’’ after ‘‘(2) a State, tribal, or territorial domestic instances of domestic violence, dating vio- the semicolon; violence or sexual assault coalition or a vic- lence, sexual assault, and stalking. (ii) in paragraph (2), by striking ‘‘; or’’ and tim service provider that partners with a ‘‘(16) To develop and promote State, local, inserting a period; and State, Indian tribal government, or unit of (iii) by striking paragraph (3); or tribal legislation and policies that en- hance best practices for responding to the local government that certifies that the (C) in subsection (c), by striking ‘‘, except State, Indian tribal government, or unit of that such funds’’ and all that follows and in- crimes of domestic violence, dating violence, sexual assault, and stalking, including the local government meets the requirements serting a period; and under paragraph (1).’’; (D) by amended subsection (d) to read as appropriate treatment of victims. ‘‘(17) To develop, implement, or enhance (C) in subsection (d)— follows: (i) in paragraph (1)— ‘‘(d) NONCOOPERATION.— sexual assault nurse examiner programs or (I) in the matter preceding subparagraph ‘‘(1) IN GENERAL.—To be in compliance with sexual assault forensic examiner programs, (A), by inserting ‘‘, policy,’’ after ‘‘law’’; and this section, a State, Indian tribal govern- including the hiring and training of such ex- (II) in subparagraph (A), by inserting ‘‘and ment, or unit of local government shall com- aminers. the defendant is in custody or has been ply with subsection (b) without regard to ‘‘(18) To develop, implement, or enhance served with the information or indictment’’ whether the victim participates in the crimi- Sexual Assault Response Teams or similar before the semicolon; and nal justice system or cooperates with law en- coordinated community responses to sexual (ii) in paragraph (2), by striking ‘‘it’’ and forcement. assault. inserting ‘‘its’’; and ‘‘(2) COMPLIANCE PERIOD.—States, terri- ‘‘(19) To develop and strengthen policies, (D) by adding at the end the following: tories, and Indian tribal governments shall protocols, and training for law enforcement have 3 years from the date of enactment of officers and prosecutors regarding the inves- ‘‘(f) ALLOCATION FOR SEXUAL ASSAULT.—Of this Act to come into compliance with this tigation and prosecution of sexual assault the amounts appropriated for purposes of subsection.’’; and cases and the appropriate treatment of vic- this part for each fiscal year, not less than 30 (6) in section 2011(a)(1) (42 U.S.C. 3796gg– tims. percent shall be available for projects that 5(a)(1))— ‘‘(20) To provide human immunodeficiency address sexual assault, including stranger (A) by inserting ‘‘modification, enforce- virus testing programs, counseling, and pro- rape, acquaintance rape, alcohol or drug-fa- phylaxis for victims of sexual assault. ment, dismissal,’’ after ‘‘registration,’’ each cilitated rape, and rape within the context of ‘‘(21) To identify and inventory backlogs of place it appears; and an intimate partner relationship.’’; and sexual assault evidence collection kits and (B) by striking ‘‘domestic violence’’ and all (2) in section 2102(a) (42 U.S.C. 3796hh– to develop protocols for responding to and that follows through ‘‘sexual assault’’ and 1(a))— addressing such backlogs, including policies inserting ‘‘domestic violence, dating vio- (A) in paragraph (1), by inserting ‘‘court,’’ and protocols for notifying and involving lence, sexual assault, or stalking’’. after ‘‘tribal government,’’; and victims. SEC. 102. GRANTS TO ENCOURAGE ACCOUNT- (B) in paragraph (4), by striking ‘‘non- ‘‘(22) To develop multidisciplinary high- ABILITY POLICIES AND ENFORCE- profit, private sexual assault and domestic risk teams focusing on reducing domestic vi- MENT OF PROTECTION ORDERS. violence programs’’ and inserting ‘‘victim (a) IN GENERAL.—Part U of title I of the olence and dating violence homicides by— service providers and, as appropriate, popu- Omnibus Crime Control and Safe Streets Act ‘‘(A) using evidence-based indicators to as- lation specific organizations’’. of 1968 (42 U.S.C. 3796hh et seq.) is amended— sess the risk of homicide and link high-risk (1) in section 2101 (42 U.S.C. 3796hh)— victims to immediate crisis intervention (b) AUTHORIZATION OF APPROPRIATIONS.— (A) in subsection (b)— services; Section 1001(a)(19) of title I of the Omnibus (i) in the matter preceding paragraph (1), ‘‘(B) identifying and managing high-risk Crime Control and Safe Streets Act of 1968 by striking ‘‘States,’’ and all that follows offenders; and (42 U.S.C. 3793(a)(19)) is amended— through ‘‘units of local government’’ and in- ‘‘(C) providing ongoing victim advocacy (1) by striking ‘‘$75,000,000’’ and all that serting ‘‘grantees’’; and referrals to comprehensive services in- follows through ‘‘2011.’’ and inserting (ii) in paragraph (1), by inserting ‘‘and en- cluding legal, housing, health care, and eco- ‘‘$73,000,000 for each of fiscal years 2014 forcement of protection orders across State nomic assistance.’’; through 2018.’’; and and tribal lines but not policies that man- (B) in subsection (c)— (2) by striking the period that immediately date the arrest of an individual by law en- (i) in paragraph (1)— follows another period.

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00056 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S535 SEC. 103. LEGAL ASSISTANCE FOR VICTIMS. ‘‘(2) develop and promote State, local, and including mechanisms for communication Section 1201 of the Violence Against tribal legislation, policies, and best practices and referral. Women Act of 2000 (42 U.S.C. 3796gg–6) is for improving civil and criminal court func- ‘‘(2) OTHER GRANTS.—In making grants amended— tions, responses, practices, and procedures in under subsection (b)(8) the Attorney General (1) in subsection (a)— cases involving a history of domestic vio- shall take into account the extent to which (A) in the first sentence, by striking ‘‘aris- lence or sexual assault, or in cases involving the grantee has expertise addressing the ju- ing as a consequence of’’ and inserting ‘‘re- allegations of child sexual abuse, including dicial system’s handling of family violence, lating to or arising out of’’; and cases in which the victim proceeds pro se; child custody, child abuse and neglect, adop- (B) in the second sentence, by inserting ‘‘or ‘‘(3) educate court-based and court-related tion, foster care, supervised visitation, di- arising out of’’ after ‘‘relating to’’; personnel (including custody evaluators and vorce, and parentage. (2) in subsection (b)— guardians ad litem) and child protective ‘‘(d) APPLICANT REQUIREMENTS.—The At- (A) in the heading, by inserting ‘‘AND services workers on the dynamics of domes- GRANT CONDITIONS’’ after ‘‘DEFINITIONS’’; and tic violence, dating violence, sexual assault, torney General may make a grant under this (B) by inserting ‘‘and grant conditions’’ and stalking, including information on per- section to an applicant that— after ‘‘definitions’’; petrator behavior, evidence-based risk fac- ‘‘(1) demonstrates expertise in the areas of (3) in subsection (c)— tors for domestic and dating violence homi- domestic violence, dating violence, sexual (A) in paragraph (1), by striking ‘‘victims cide, and on issues relating to the needs of assault, stalking, or child sexual abuse, as services organizations’’ and inserting ‘‘vic- victims, including safety, security, privacy, appropriate; tim service providers’’; and and confidentiality, including cases in which ‘‘(2) ensures that any fees charged to indi- (B) by striking paragraph (3) and inserting the victim proceeds pro se; viduals for use of supervised visitation pro- the following: ‘‘(4) provide appropriate resources in juve- grams and services are based on the income ‘‘(3) to implement, expand, and establish nile court matters to respond to dating vio- of those individuals, unless otherwise pro- efforts and projects to provide competent, lence, domestic violence, sexual assault (in- vided by court order; supervised pro bono legal assistance for vic- cluding child sexual abuse), and stalking and ‘‘(3) demonstrates that adequate security tims of domestic violence, dating violence, ensure necessary services dealing with the measures, including adequate facilities, pro- sexual assault, or stalking, except that not health and mental health of victims are cedures, and personnel capable of preventing more than 10 percent of the funds awarded available; violence, and adequate standards are, or will under this section may be used for the pur- ‘‘(5) enable courts or court-based or court- be, in place (including the development of pose described in this paragraph.’’; related programs to develop or enhance— protocols or policies to ensure that confiden- (4) in subsection (d)— ‘‘(A) court infrastructure (such as special- tial information is not shared with courts, (A) in paragraph (1), by striking ‘‘this sec- ized courts, consolidated courts, dockets, in- law enforcement agencies, or child welfare tion has completed’’ and all that follows and take centers, or interpreter services); agencies unless necessary to ensure the safe- inserting the following: ‘‘this section—’’ ‘‘(B) community-based initiatives within ty of any child or adult using the services of ‘‘(A) has demonstrated expertise in pro- the court system (such as court watch pro- a program funded under this section), if the viding legal assistance or advocacy to vic- grams, victim assistants, pro se victim as- applicant proposes to operate supervised vis- tims of domestic violence, dating violence, sistance programs, or community-based sup- itation programs and services or safe visita- sexual assault, or stalking in the targeted plementary services); tion exchange; population; or ‘‘(C) offender management, monitoring, ‘‘(4) certifies that the organizational poli- ‘‘(B)(i) is partnered with an entity or per- and accountability programs; cies of the applicant do not require medi- son that has demonstrated expertise de- ‘‘(D) safe and confidential information- ation or counseling involving offenders and scribed in subparagraph (A); and storage and information-sharing databases victims being physically present in the same ‘‘(ii) has completed, or will complete, within and between court systems; place, in cases where domestic violence, dat- training in connection with domestic vio- ‘‘(E) education and outreach programs to ing violence, sexual assault, or stalking is al- lence, dating violence, stalking, or sexual as- improve community access, including en- leged; sault and related legal issues, including hanced access for underserved populations; ‘‘(5) certifies that any person providing training on evidence-based risk factors for and legal assistance through a program funded domestic and dating violence homicide;’’; ‘‘(F) other projects likely to improve court under this section has completed or will and responses to domestic violence, dating vio- complete training on domestic violence, dat- (B) in paragraph (2), by striking ‘‘stalking lence, sexual assault, and stalking; ing violence, sexual assault, and stalking, in- organization’’ and inserting ‘‘stalking victim ‘‘(6) collect data and provide training and cluding child sexual abuse, and related legal service provider’’; and technical assistance, including developing issues; and (5) in subsection (f)(1), by striking ‘‘this State, local, and tribal model codes and poli- ‘‘(6) certifies that any person providing section’’ and all that follows and inserting cies, to improve the capacity of grantees and custody evaluation or guardian ad litem the following: ‘‘this section $41,000,000 for communities to address the civil justice services through a program funded under each of fiscal years 2014 through 2018.’’. needs of victims of domestic violence, dating this section has completed or will complete SEC. 104. CONSOLIDATION OF GRANTS TO SUP- violence, sexual assault, and stalking who training developed with input from and in PORT FAMILIES IN THE JUSTICE have legal representation, who are pro- collaboration with a tribal, State, terri- SYSTEM. ceeding pro se, or are proceeding with the as- torial, or local domestic violence, dating vio- (a) IN GENERAL.—Title III of division B of sistance of a legal advocate; and the Victims of Trafficking and Violence Pro- lence, sexual assault, or stalking organiza- ‘‘(7) to improve training and education to tion or coalition on the dynamics of domes- tection Act of 2000 (Public Law 106–386; 114 assist judges, judicial personnel, attorneys, Stat. 1509) is amended by striking the sec- tic violence and sexual assault, including child welfare personnel, and legal advocates child sexual abuse, that includes training on tion preceding section 1302 (42 U.S.C. 10420), in the civil justice system. as amended by section 306 of the Violence how to review evidence of past abuse and the Against Women and Department of Justice ‘‘(c) CONSIDERATIONS.— use of evidenced-based theories to make rec- Reauthorization Act of 2005 (Public Law 109– ‘‘(1) IN GENERAL.—In making grants for ommendations on custody and visitation. purposes described in paragraphs (1) through 162; 119 Stat. 316), and inserting the fol- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— (6) of subsection (b), the Attorney General lowing: There is authorized to be appropriated to ‘‘SEC. 1301. COURT TRAINING AND SUPERVISED shall consider— ‘‘(A) the number of families to be served by carry out this section $22,000,000 for each of VISITATION IMPROVEMENTS. fiscal years 2014 through 2018. Amounts ap- ‘‘(a) IN GENERAL.—The Attorney General the proposed programs and services; may make grants to States, units of local ‘‘(B) the extent to which the proposed pro- propriated pursuant to this subsection shall government, courts (including juvenile grams and services serve underserved popu- remain available until expended. courts), Indian tribal governments, nonprofit lations; ‘‘(f) ALLOTMENT FOR INDIAN TRIBES.— organizations, legal services providers, and ‘‘(C) the extent to which the applicant ‘‘(1) IN GENERAL.—Not less than 10 percent victim services providers to improve the re- demonstrates cooperation and collaboration of the total amount available under this sec- sponse of all aspects of the civil and criminal with nonprofit, nongovernmental entities in tion for each fiscal year shall be available justice system to families with a history of the local community with demonstrated his- for grants under the program authorized by domestic violence, dating violence, sexual tories of effective work on domestic vio- section 3796gg–10 of this title. assault, or stalking, or in cases involving al- lence, dating violence, sexual assault, or ‘‘(2) APPLICABILITY OF PART.—The require- legations of child sexual abuse. stalking, including State or tribal domestic ments of this section shall not apply to funds ‘‘(b) USE OF FUNDS.—A grant under this violence coalitions, State or tribal sexual as- allocated for the program described in para- section may be used to— sault coalitions, local shelters, and programs graph (1).’’. ‘‘(1) provide supervised visitation and safe for domestic violence and sexual assault vic- visitation exchange of children and youth by tims; and (b) TECHNICAL AND CONFORMING AMEND- and between parents in situations involving ‘‘(D) the extent to which the applicant MENT.—Subtitle J of the Violence Against domestic violence, dating violence, child sex- demonstrates coordination and collaboration Women Act of 1994 (42 U.S.C. 14043 et seq.) is ual abuse, sexual assault, or stalking; with State, tribal, and local court systems, repealed.

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00057 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S536 CONGRESSIONAL RECORD — SENATE February 7, 2013 SEC. 105. SEX OFFENDER MANAGEMENT. ‘‘SEC. 120. GRANTS FOR OUTREACH AND SERV- to adult and youth victims in one or more Section 40152(c) of the Violence Against ICES TO UNDERSERVED POPU- underserved populations, including— Women Act of 1994 (42 U.S.C. 13941) is amend- LATIONS. ‘‘(1) working with Federal, State, tribal, ed by striking ‘‘$5,000,000’’ and all that fol- ‘‘(a) GRANTS AUTHORIZED.— territorial and local governments, agencies, lows and inserting ‘‘$5,000,000 for each of fis- ‘‘(1) IN GENERAL.—Of the amounts appro- and organizations to develop or enhance pop- cal years 2014 through 2018.’’. priated under the grant programs identified ulation specific victim services; in paragraph (2), the Attorney General shall ‘‘(2) strengthening the capacity of under- SEC. 106. COURT-APPOINTED SPECIAL ADVOCATE take 2 percent of such appropriated amounts PROGRAM. served populations to provide population and combine them to award grants to eligi- Subtitle B of title II of the Crime Control specific victim services; ble entities described in subsection (b) of ‘‘(3) strengthening the capacity of tradi- Act of 1990 (42 U.S.C. 13011 et seq.) is amend- this section to develop and implement out- ed— tional victim service providers to provide reach strategies targeted at adult, or youth, population specific services; (1) in section 216 (42 U.S.C. 13012), by strik- victims of domestic violence, dating vio- ing ‘‘January 1, 2010’’ and inserting ‘‘January ‘‘(4) strengthening the effectiveness of lence, sexual assault, or stalking in under- criminal and civil justice interventions by 1, 2015’’; served populations and to provide victim providing training for law enforcement, pros- (2) in section 217 (42 U.S.C. 13013)— services to meet the needs of adult and ecutors, judges and other court personnel on (A) by striking ‘‘Code of Ethics’’ in section youth victims of domestic violence, dating domestic violence, dating violence, sexual (c)(2) and inserting ‘‘Standards for Pro- violence, sexual assault, and stalking in un- assault, or stalking in underserved popu- grams’’; and derserved populations. The requirements of lations; or (B) by adding at the end the following: the grant programs identified in paragraph ‘‘(5) working in cooperation with an under- ‘‘(e) REPORTING.—An organization that re- (3) shall not apply to this grant program. served population to develop and implement ceives a grant under this section for a fiscal ‘‘(2) PROGRAMS COVERED.—The programs outreach, education, prevention, and inter- year shall submit to the Administrator a re- covered by paragraph (2) are the programs vention strategies that highlight available port regarding the use of the grant for the carried out under the following provisions: resources and the specific issues faced by fiscal year, including a discussion of out- ‘‘(A) Section 2001 of the Omnibus Crime victims of domestic violence, dating vio- come performance measures (which shall be Control and Safe Streets Act of 1968 (STOP lence, sexual assault, or stalking from under- established by the Administrator) to deter- Grants). served populations. mine the effectiveness of the programs of the ‘‘(B) Section 2101 of the Omnibus Crime ‘‘(e) APPLICATION.—An eligible entity desir- organization in meeting the needs of chil- Control and Safe Streets Act of 1968 (Grants ing a grant under this section shall submit dren in the child welfare system.’’; and to Encourage Accountability Policies). an application to the Director of the Office (3) in section 219(a) (42 U.S.C. 13014(a)), by ‘‘(b) ELIGIBLE ENTITIES.—Eligible entities on Violence Against Women at such time, in striking ‘‘fiscal years 2007 through 2011’’ and under this section are— such form, and in such manner as the Direc- inserting ‘‘fiscal years 2014 through 2018’’. ‘‘(1) population specific organizations that tor may prescribe. SEC. 107. CRIMINAL PROVISION RELATING TO have demonstrated experience and expertise ‘‘(f) REPORTS.—Each eligible entity receiv- STALKING, INCLUDING in providing population specific services in ing a grant under this section shall submit CYBERSTALKING. the relevant underserved communities or to the Director of the Office on Violence Section 2261A of title 18, United States population specific organizations working in Against Women a report that describes the Code, is amended to read as follows: partnership with a victim service provider or activities carried out with grant funds. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘§ 2261A. Stalking domestic violence or sexual assault coali- tion; In addition to the funds identified in sub- ‘‘Whoever— section (a)(1), there are authorized to be ap- ‘‘(2) victim service providers offering popu- ‘‘(1) travels in interstate or foreign com- propriated to carry out this section $2,000,000 lation specific services for a specific under- merce or is present within the special mari- for each of fiscal years 2014 through 2018. served population; or time and territorial jurisdiction of the ‘‘(h) DEFINITIONS AND GRANT CONDITIONS.— ‘‘(3) victim service providers working in United States, or enters or leaves Indian In this section the definitions and grant con- partnership with a national, State, or local country, with the intent to kill, injure, har- ditions in section 40002 of the Violence organization that has demonstrated experi- ass, intimidate, or place under surveillance Against Women Act of 1994 (42 U.S.C. 13925) ence and expertise in providing population with intent to kill, injure, harass, or intimi- shall apply.’’. specific services in the relevant underserved date another person, and in the course of, or SEC. 109. CULTURALLY SPECIFIC SERVICES population. as a result of, such travel or presence en- GRANT. ‘‘(c) PLANNING GRANTS.—The Attorney gages in conduct that— Section 121 of the Violence Against Women General may use up to 20 percent of funds and Department of Justice Reauthorization ‘‘(A) places that person in reasonable fear available under this section to make one- of the death of, or serious bodily injury to— Act of 2005 (42 U.S.C. 14045a) is amended— time planning grants to eligible entities to (1) in the section heading, by striking ‘‘(i) that person; support the planning and development of ‘‘(ii) an immediate family member (as de- ‘‘AND LINGUISTICALLY’’; specially designed and targeted programs for (2) by striking ‘‘and linguistically’’ each fined in section 115) of that person; or adult and youth victims in one or more un- ‘‘(iii) a spouse or intimate partner of that place it appears; derserved populations, including— (3) by striking ‘‘and linguistic’’ each place person; or ‘‘(1) identifying, building and strength- ‘‘(B) causes, attempts to cause, or would be it appears; ening partnerships with potential collabo- (4) by striking subsection (a)(2) and insert- reasonably expected to cause substantial rators within underserved populations, Fed- emotional distress to a person described in ing: eral, State, tribal, territorial or local gov- ‘‘(2) PROGRAMS COVERED.—The programs clause (i), (ii), or (iii) of subparagraph (A); or ernment entities, and public and private or- covered by paragraph (1) are the programs ‘‘(2) with the intent to kill, injure, harass, ganizations; carried out under the following provisions: intimidate, or place under surveillance with ‘‘(2) conducting a needs assessment of the ‘‘(A) Section 2101 of the Omnibus Crime intent to kill, injure, harass, or intimidate community and the targeted underserved Control and Safe Streets Act of 1968 (Grants another person, uses the mail, any inter- population or populations to determine what to Encourage Accountability Policies and active computer service or electronic com- the barriers are to service access and what Enforcement of Protection Orders). munication service or electronic commu- factors contribute to those barriers, using ‘‘(B) Section 1401 of division B of the Vic- nication system of interstate commerce, or input from the targeted underserved popu- tims of Trafficking and Violence Protection any other facility of interstate or foreign lation or populations; Act of 2000 (42 U.S.C. 3796gg–6) (Legal Assist- commerce to engage in a course of conduct ‘‘(3) identifying promising prevention, out- ance for Victims). that— reach and intervention strategies for victims ‘‘(C) Section 40295 of the Violence Against ‘‘(A) places that person in reasonable fear from a targeted underserved population or Women Act of 1994 (42 U.S.C. 13971) (Rural of the death of or serious bodily injury to a populations; and Domestic Violence, Dating Violence, Sexual person described in clause (i), (ii), or (iii) of ‘‘(4) developing a plan, with the input of Assault, Stalking, and Child Abuse Enforce- paragraph (1)(A); or the targeted underserved population or popu- ment Assistance). ‘‘(B) causes, attempts to cause, or would be lations, for implementing prevention, out- ‘‘(D) Section 40802a of the Violence Against reasonably expected to cause substantial reach and intervention strategies to address Women Act of 1994 (42 U.S.C. 14041a) (En- emotional distress to a person described in the barriers to accessing services, promoting hanced Training and Services to End Vio- clause (i), (ii), or (iii) of paragraph (1)(A), community engagement in the prevention of lence Against Women Later in Life). shall be punished as provided in section domestic violence, dating violence, sexual ‘‘(E) Section 1402 of division B of the Vic- 2261(b) of this title.’’. assault, and stalking within the targeted un- tims of Trafficking and Violence Protection SEC. 108. OUTREACH AND SERVICES TO UNDER- derserved populations, and evaluating the Act of 2000 (42 U.S.C. 3796gg–7) (Education, SERVED POPULATIONS GRANT. program. Training, and Enhanced Services to End Vio- Section 120 of the Violence Against Women ‘‘(d) IMPLEMENTATION GRANTS.—The Attor- lence Against and Abuse of Women with Dis- and Department of Justice Reauthorization ney General shall make grants to eligible en- abilities).’’; and Act of 2005 (42 U.S.C. 14045) is amended to tities for the purpose of providing or enhanc- (5) in subsection (g), by striking ‘‘linguistic read as follows: ing population specific outreach and services and’’.

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SEC. 110. REAUTHORIZATION OF CHILD ABUSE shall apply with respect to debts under this (d) EFFECTIVE DATE.—The amendments TRAINING PROGRAMS FOR JUDICIAL subsection. made by this section shall apply to refunds PERSONNEL AND PRACTITIONERS. ‘‘(4) PAST-DUE, LEGALLY ENFORCEABLE payable for taxable years beginning after De- Section 224(a) of the Victims of Child STATE JUDICIAL DEBT.— cember 31, 2012. Abuse Act of 1990 (42 U.S.C. 13024(a)) is ‘‘(A) IN GENERAL.—For purposes of this sub- TITLE II—IMPROVING SERVICES FOR VIC- amended by striking ‘‘$2,300,000’’ and all that section, the term ‘past-due, legally enforce- follows and inserting ‘‘$2,300,000 for each of TIMS OF DOMESTIC VIOLENCE, DATING able State judicial debt’ means a debt— fiscal years 2014 through 2018.’’. VIOLENCE, SEXUAL ASSAULT, AND ‘‘(i) which resulted from a judgment or sen- STALKING SEC. 111. OFFSET OF RESTITUTION AND OTHER tence rendered by any court or tribunal of STATE JUDICIAL DEBTS AGAINST IN- SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM. COME TAX REFUND. competent jurisdiction which— (a) GRANTS TO STATES AND TERRITORIES.— (a) IN GENERAL.—Section 6402 of the Inter- ‘‘(I) handles criminal or traffic cases in the Section 41601(b) of the Violence Against nal Revenue Code of 1986 (relating to author- State; and Women Act of 1994 (42 U.S.C. 14043g(b)) is ity to make credits or refunds) is amended— ‘‘(II) has determined an amount of State amended— (1) by redesignating subsections (g) judicial debt to be due; and (1) in paragraph (1)— through (l) as subsections (h) through (m), ‘‘(ii) which resulted from a State judicial (A) by striking ‘‘governmental and non- respectively; and debt which has been assessed and is past-due governmental’’; and (2) by inserting after subsection (f) the fol- but not collected. (B) by striking ‘‘other programs’’ and all lowing: ‘‘(B) STATE JUDICIAL DEBT.—For purposes of that follows and inserting ‘‘other nongovern- ‘‘(g) COLLECTION OF PAST-DUE, LEGALLY this paragraph, the term ‘State judicial debt’ mental or tribal programs and projects to as- ENFORCEABLE RESTITUTION AND OTHER STATE includes court costs, fees, fines, assessments, sist individuals who have been victimized by JUDICIAL DEBTS.— restitution to victims of crime, and other sexual assault, without regard to the age of ‘‘(1) IN GENERAL.—In any State which wish- monies resulting from a judgment or sen- the individual.’’; and es to collect past-due, legally enforceable tence rendered by any court or tribunal of (2) in paragraph (2)— State judicial debts, the chief justice of the competent jurisdiction handling criminal or (A) in subparagraph (B), by striking ‘‘non- State’s highest court shall designate a single traffic cases in the State. profit, nongovernmental organizations for State entity to communicate judicial debt ‘‘(5) REGULATIONS.—The Secretary shall programs and activities’’ and inserting ‘‘non- information to the Secretary. In making issue regulations prescribing the time and governmental or tribal programs and activi- such designation, the chief justice of the manner in which State designated entities ties’’; and State’s highest court shall select, whenever must submit notices of past-due, legally en- (B) in subparagraph (C)(v), by striking practicable, a relevant State official or agen- forceable State judicial debts and the nec- ‘‘linguistically and’’. cy responsible under State law for collecting essary information that must be contained (b) AUTHORIZATION OF APPROPRIATIONS.— the State’s income tax or other statewide ex- in or accompany such notices. The regula- Section 41601(f)(1) of the Violence Against cise at the time of the designation. Upon re- tions shall specify the types of State judicial Women Act of 1994 (42 U.S.C. 14043g(f)(1)) is ceiving notice from a State designated enti- monies and the minimum amount of debt to amended by striking ‘‘$50,000,000 to remain ty that a named person owes a past-due, le- which the reduction procedure established by available until expended for each of the fis- gally enforceable State judicial debt to or in paragraph (1) may be applied. The regula- cal years 2007 through 2011’’ and inserting such State, the Secretary shall, under such tions shall require State designated entities ‘‘$40,000,000 to remain available until ex- conditions as may be prescribed by the Sec- to pay a fee to reimburse the Secretary for pended for each of fiscal years 2014 through retary— the cost of applying such procedure. Any fee 2018’’. ‘‘(A) reduce the amount of any overpay- paid to the Secretary pursuant to the pre- SEC. 202. RURAL DOMESTIC VIOLENCE, DATING ment payable to such person by the amount ceding sentence shall be used to reimburse VIOLENCE, SEXUAL ASSAULT, of such State judicial debt; appropriations which bore all or part of the STALKING, AND CHILD ABUSE EN- ‘‘(B) pay the amount by which such over- cost of applying such procedure. FORCEMENT ASSISTANCE. Section 40295 of the Violence Against payment is reduced under subparagraph (A) ‘‘(6) ERRONEOUS PAYMENT TO STATE.—Any Women Act of 1994 (42 U.S.C. 13971) is amend- to such State designated entity and notify State designated entity receiving notice ed— such State designated entity of such person’s from the Secretary that an erroneous pay- (1) in subsection (a)(1)(H), by inserting ‘‘, name, taxpayer identification number, ad- ment has been made to such State des- including sexual assault forensic examiners’’ dress, and the amount collected; and ignated entity under paragraph (1) shall pay before the semicolon; ‘‘(C) notify the person making such over- promptly to the Secretary, in accordance (2) in subsection (b)— payment that the overpayment has been re- with such regulations as the Secretary may (A) in paragraph (1)— duced by an amount necessary to satisfy a prescribe, an amount equal to the amount of (i) by striking ‘‘victim advocacy groups’’ past-due, legally enforceable State judicial such erroneous payment (without regard to and inserting ‘‘victim service providers’’; and debt. whether any other amounts payable to such (ii) by inserting ‘‘, including developing If an offset is made pursuant to a joint re- State designated entity under such para- multidisciplinary teams focusing on high turn, the notice under subparagraph (B) shall graph have been paid to such State des- risk cases with the goal of preventing domes- include the names, taxpayer identification ignated entity).’’. numbers, and addresses of each person filing tic and dating violence homicides’’ before (b) DISCLOSURE OF RETURN INFORMATION.— such return. the semicolon; Section 6103(l)(10) of the Internal Revenue ‘‘(2) PRIORITIES FOR OFFSET.—Any overpay- (B) in paragraph (2)— ment by a person shall be reduced pursuant Code of 1986 (relating to disclosure of certain (i) by striking ‘‘and other long- and short- to this subsection— information to agencies requesting a reduc- term assistance’’ and inserting ‘‘legal assist- ‘‘(A) after such overpayment is reduced tion under subsection (c), (d), (e), or (f) of ance, and other long-term and short-term pursuant to— section 6402) is amended by striking ‘‘or (f)’’ victim and population specific services’’; and ‘‘(i) subsection (a) with respect to any li- each place it appears in the text and heading (ii) by striking ‘‘and’’ at the end; ability for any internal revenue tax on the and inserting ‘‘(f), or (g)’’. (C) in paragraph (3), by striking the period part of the person who made the overpay- (c) CONFORMING AMENDMENTS.— at the end and inserting ‘‘; and’’; and ment; (1) Section 6402(a) of the Internal Revenue (D) by adding at the end the following: ‘‘(ii) subsection (c) with respect to past-due Code of 1986 is amended by striking ‘‘and (f)’’ ‘‘(4) developing, enlarging, or strength- support; and inserting ‘‘(f), and (g),’’. ening programs addressing sexual assault, ‘‘(iii) subsection (d) with respect to any (2) Paragraph (2) of section 6402(d) of such including sexual assault forensic examiner past-due, legally enforceable debt owed to a Code is amended by striking ‘‘subsections (e) programs, Sexual Assault Response Teams, Federal agency; and and (f)’’ and inserting ‘‘subsections (e), (f), law enforcement training, and programs ad- ‘‘(iv) subsection (e) with respect to any and (g)’’. dressing rape kit backlogs.’’; and past-due, legally enforceable State income (3) Paragraph (3)(B) of section 6402(e) of (3) in subsection (e)(1), by striking tax obligations; and such Code is amended to read as follows: ‘‘$55,000,000 for each of the fiscal years 2007 ‘‘(B) before such overpayment is credited ‘‘(B) before such overpayment is— through 2011’’ and inserting ‘‘$50,000,000 for to the future liability for any Federal inter- ‘‘(i) reduced pursuant to subsection (g) each of fiscal years 2014 through 2018’’. nal revenue tax of such person pursuant to with respect to past-due, legally enforceable SEC. 203. TRAINING AND SERVICES TO END VIO- subsection (b). State judicial debts, and LENCE AGAINST WOMEN WITH DIS- If the Secretary receives notice from 1 or ‘‘(ii) credited to the future liability for any ABILITIES GRANTS. more State designated entities of more than Federal internal revenue tax of such person Section 1402 of division B of the Victims of 1 debt subject to paragraph (1) that is owed pursuant to subsection (b).’’. Trafficking and Violence Protection Act of by such person to such State agency or State (4) Section 6402(h) of such Code, as so re- 2000 (42 U.S.C. 3796gg–7) is amended— judicial branch, any overpayment by such designated, is amended by striking ‘‘or (f)’’ (1) in subsection (b)— person shall be applied against such debts in and inserting ‘‘(f), or (g)’’. (A) in paragraph (1), by inserting ‘‘(includ- the order in which such debts accrued. (5) Section 6402(j) of such Code, as so redes- ing using evidence-based indicators to assess ‘‘(3) NOTICE; CONSIDERATION OF EVIDENCE.— ignated, is amended by striking ‘‘or (f)’’ and the risk of domestic and dating violence Rules similar to the rules of subsection (e)(4) inserting ‘‘(f), or (g)’’. homicide)’’ after ‘‘risk reduction’’;

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(B) in paragraph (4), by striking ‘‘victim ‘‘(B) PERMISSIBLE ACTIVITIES.—An eligible nity protocol to address such problems col- service organizations’’ and inserting ‘‘victim entity receiving a grant under this section laboratively; service providers’’; and may use not more than 10 percent of the ‘‘(B) develop and implement policies, prac- (C) in paragraph (5), by striking ‘‘victim funds received under the grant to— tices, and procedures to effectively respond services organizations’’ and inserting ‘‘vic- ‘‘(i) provide training programs to assist at- to domestic violence, dating violence, sexual tim service providers’’; torneys, health care providers, faith-based assault, stalking, or sex trafficking against (2) in subsection (c)(1)(D), by striking leaders, or other community-based organiza- youth; or ‘‘nonprofit and nongovernmental victim tions in recognizing and addressing instances ‘‘(C) provide technical assistance and services organization, such as a State’’ and of elder abuse; or training to enhance the ability of school per- inserting ‘‘victim service provider, such as a ‘‘(ii) conduct outreach activities and sonnel, victim service providers, child pro- State or tribal’’; and awareness campaigns to ensure that victims tective service workers, staff of law enforce- (3) in subsection (e), by striking of elder abuse receive appropriate assistance. ment agencies, prosecutors, court personnel, ‘‘$10,000,000 for each of the fiscal years 2007 ‘‘(3) UNDERSERVED POPULATIONS.—In mak- individuals who work in after school pro- through 2011’’ and inserting ‘‘$9,000,000 for ing grants under this section, the Attorney grams, medical personnel, social workers, each of fiscal years 2014 through 2018’’. General shall give priority to proposals pro- mental health personnel, and workers in other programs that serve children and SEC. 204. GRANT FOR TRAINING AND SERVICES viding culturally specific or population spe- TO END VIOLENCE AGAINST WOMEN cific services. youth to improve their ability to appro- IN LATER LIFE. ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— priately respond to the needs of children and Section 40802 of the Violence Against There is authorized to be appropriated to youth who are victims of domestic violence, Women Act of 1994 (42 U.S.C. 14041a) is carry out this section $9,000,000 for each of dating violence, sexual assault, stalking, and amended to read as follows: fiscal years 2014 through 2018.’’. sex trafficking, as well as runaway and homeless youth, and to properly refer such TITLE III—SERVICES, PROTECTION, AND ‘‘SEC. 40802. GRANT FOR TRAINING AND SERV- children, youth, and their families to appro- ICES TO END VIOLENCE AGAINST JUSTICE FOR YOUNG VICTIMS OF VIO- priate services. WOMEN IN LATER LIFE. LENCE ‘‘(2) SUPPORTING YOUTH THROUGH EDUCATION ‘‘(a) DEFINITIONS.—In this section— SEC. 301. RAPE PREVENTION EDUCATION GRANT. AND PROTECTION.—To enable middle schools, ‘‘(1) the term ‘eligible entity’ means an en- Section 393A of the Public Health Service high schools, and institutions of higher edu- tity that— Act (42 U.S.C. 280b–1b) is amended— cation to— ‘‘(A) is— (1) in subsection (a)— ‘‘(A) provide training to school personnel, ‘‘(i) a State; (A) in the matter preceding paragraph (1), including healthcare providers and security ‘‘(ii) a unit of local government; by inserting ‘‘, territorial or tribal’’ after personnel, on the needs of students who are ‘‘(iii) a tribal government or tribal organi- ‘‘crisis centers, State’’; and victims of domestic violence, dating vio- zation; (B) in paragraph (6), by inserting ‘‘and al- lence, sexual assault, stalking, or sex traf- ‘‘(iv) a population specific organization cohol’’ after ‘‘about drugs’’; and ficking; with demonstrated experience in assisting (2) in subsection (c)(1), by striking ‘‘(B) develop and implement prevention individuals in later life; ‘‘$80,000,000 for each of fiscal years 2007 and intervention policies in middle and high ‘‘(v) a victim service provider; or through 2011’’ and inserting ‘‘$50,000,000 for schools, including appropriate responses to, ‘‘(vi) a State, tribal, or territorial domes- each of fiscal years 2014 through 2018’’. and identification and referral procedures tic violence or sexual assault coalition; and SEC. 302. CREATING HOPE THROUGH OUTREACH, for, students who are experiencing or perpe- ‘‘(B) is partnered with— OPTIONS, SERVICES, AND EDU- trating domestic violence, dating violence, ‘‘(i) a law enforcement agency; CATION FOR CHILDREN AND YOUTH. sexual assault, stalking, or sex trafficking, ‘‘(ii) an office of a prosecutor; (a) IN GENERAL.—Subtitle L of the Vio- and procedures for handling the require- ‘‘(iii) a victim service provider; or lence Against Women Act of 1994 is amended ments of court protective orders issued to or ‘‘(iv) a nonprofit program or government by striking sections 41201 through 41204 (42 against students; agency with demonstrated experience in as- U.S.C. 14043c through 14043c–3) and inserting ‘‘(C) provide support services for student sisting individuals in later life; the following: victims of domestic violence, dating vio- ‘‘(2) the term ‘exploitation’ means domes- ‘‘SEC. 41201. CREATING HOPE THROUGH OUT- lence, sexual assault, stalking, or sex traf- tic violence, dating violence, sexual assault, REACH, OPTIONS, SERVICES, AND ficking, such as a resource person who is ei- or stalking; EDUCATION FOR CHILDREN AND ther on-site or on-call; ‘‘(3) the term ‘later life’, relating to an in- YOUTH (‘CHOOSE CHILDREN & ‘‘(D) implement scientifically valid edu- dividual, means the individual is 60 years of YOUTH’). cational programming for students regarding age or older; and ‘‘(a) GRANTS AUTHORIZED.—The Attorney domestic violence, dating violence, sexual ‘‘(4) the term ‘neglect’ means the failure of General, working in collaboration with the assault, stalking, and sex trafficking and the a caregiver or fiduciary to provide the goods Secretary of Health and Human Services and impact of such violence on youth; or or services that are necessary to maintain the Secretary of Education, shall award ‘‘(E) develop strategies to increase identi- the health or safety of an individual in later grants to enhance the safety of youth and fication, support, referrals, and prevention life. children who are victims of, or exposed to, programming for youth who are at high risk ‘‘(b) GRANT PROGRAM.— domestic violence, dating violence, sexual of domestic violence, dating violence, sexual ‘‘(1) GRANTS AUTHORIZED.—The Attorney assault, stalking, or sex trafficking and pre- assault, stalking, or sex trafficking. General may make grants to eligible entities vent future violence. ‘‘(c) ELIGIBLE APPLICANTS.— to carry out the activities described in para- ‘‘(b) PROGRAM PURPOSES.—Funds provided ‘‘(1) IN GENERAL.—To be eligible to receive graph (2). under this section may be used for the fol- a grant under this section, an entity shall ‘‘(2) MANDATORY AND PERMISSIBLE ACTIVI- lowing program purpose areas: be— TIES.— ‘‘(1) SERVICES TO ADVOCATE FOR AND RE- ‘‘(A) a victim service provider, tribal non- ‘‘(A) MANDATORY ACTIVITIES.—An eligible SPOND TO YOUTH.—To develop, expand, and profit, or population-specific or community- entity receiving a grant under this section strengthen victim-centered interventions based organization with a demonstrated his- shall use the funds received under the grant and services that target youth who are vic- tory of effective work addressing the needs to— tims of domestic violence, dating violence, of youth who are victims of (including run- ‘‘(i) provide training programs to assist sexual assault, stalking, and sex trafficking. away or homeless youth affected by) domes- law enforcement agencies, prosecutors, agen- Services may include victim services, coun- tic violence, dating violence, sexual assault, cies of States or units of local government, seling, advocacy, mentoring, educational stalking, or sex trafficking; population specific organizations, victim support, transportation, legal assistance in ‘‘(B) a victim service provider that is service providers, victim advocates, and rel- civil, criminal and administrative matters, partnered with an entity that has a dem- evant officers in Federal, tribal, State, terri- such as family law cases, housing cases, onstrated history of effective work address- torial, and local courts in recognizing and child welfare proceedings, campus adminis- ing the needs of youth; or addressing instances of elder abuse; trative proceedings, and civil protection ‘‘(C) a public, charter, tribal, or nationally ‘‘(ii) provide or enhance services for vic- order proceedings, population-specific serv- accredited private middle or high school, a tims of elder abuse; ices, and other activities that support youth school administered by the Department of ‘‘(iii) establish or support multidisci- in finding safety, stability, and justice and Defense under section 2164 of title 10, United plinary collaborative community responses in addressing the emotional, cognitive, and States Code or section 1402 of the Defense to victims of elder abuse; and physical effects of trauma. Funds may be Dependents’ Education Act of 1978, a group ‘‘(iv) conduct cross-training for law en- used to— of schools, a school district, or an institution forcement agencies, prosecutors, agencies of ‘‘(A) assess and analyze currently available of higher education. States or units of local government, attor- services for youth victims of domestic vio- ‘‘(2) PARTNERSHIPS.— neys, health care providers, population spe- lence, dating violence, sexual assault, stalk- ‘‘(A) EDUCATION.—To be eligible to receive cific organizations, faith-based advocates, ing, and sex trafficking, determining rel- a grant for the purposes described in sub- victim service providers, and courts to better evant barriers to such services in a par- section (b)(2), an entity described in para- serve victims of elder abuse. ticular locality, and developing a commu- graph (1) shall be partnered with a public,

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GRANTS TO COMBAT VIOLENT CRIMES ‘‘(D) The grantee shall train all members vate middle or high school, a school adminis- ON CAMPUSES. of campus disciplinary boards to respond ef- tered by the Department of Defense under Section 304 of the Violence Against Women fectively to situations involving domestic vi- section 2164 of title 10, United States Code or and Department of Justice Reauthorization olence, dating violence, sexual assault, or section 1402 of the Defense Dependents’ Edu- Act of 2005 (42 U.S.C. 14045b) is amended— stalking.’’; and cation Act of 1978, a group of schools, a (1) in subsection (a)— (5) in subsection (e), by striking ‘‘there school district, or an institution of higher (A) in paragraph (1)— are’’ and all that follows through the period education. (i) by striking ‘‘stalking on campuses, and inserting ‘‘there is authorized to be ap- ‘‘(B) OTHER PARTNERSHIPS.—All applicants and’’ and inserting ‘‘stalking on campuses,’’; propriated $12,000,000 for each of fiscal years under this section are encouraged to work in (ii) by striking ‘‘crimes against women on’’ 2014 through 2018.’’. partnership with organizations and agencies and inserting ‘‘crimes on’’; and SEC. 304. CAMPUS SEXUAL VIOLENCE, DOMESTIC that work with the relevant population. (iii) by inserting ‘‘, and to develop and VIOLENCE, DATING VIOLENCE, AND Such entities may include— strengthen prevention education and aware- STALKING EDUCATION AND PRE- VENTION. ‘‘(i) a State, tribe, unit of local govern- ness programs’’ before the period; and (a) IN GENERAL.—Section 485(f) of the High- ment, or territory; (B) in paragraph (2), by striking ‘‘$500,000’’ ‘‘(ii) a population specific or community- er Education Act of 1965 (20 U.S.C. 1092(f)) is and inserting ‘‘$300,000’’; amended— based organization; (2) in subsection (b)— ‘‘(iii) batterer intervention programs or (1) in paragraph (1)(F)— (A) in paragraph (2)— (A) in clause (i)(VIII), by striking ‘‘and’’ sex offender treatment programs with spe- (i) by inserting ‘‘, strengthen,’’ after ‘‘To cialized knowledge and experience working after the semicolon; develop’’; and (B) in clause (ii)— with youth offenders; or (ii) by inserting ‘‘including the use of tech- ‘‘(iv) any other agencies or nonprofit, non- (i) by striking ‘‘sexual orientation’’ and in- nology to commit these crimes,’’ after ‘‘sex- serting ‘‘national origin, sexual orienta- governmental organizations with the capac- ual assault and stalking,’’; ity to provide effective assistance to the tion,’’; and (B) in paragraph (4)— (ii) by striking the period and inserting ‘‘; adult, youth, and child victims served by the (i) by inserting ‘‘and population specific partnership. and’’; and services’’ after ‘‘strengthen victim services (C) by adding at the end the following: ‘‘(d) GRANTEE REQUIREMENTS.—Applicants programs’’; ‘‘(iii) of domestic violence, dating violence, for grants under this section shall establish (ii) by striking ‘‘entities carrying out’’ and and stalking incidents that were reported to and implement policies, practices, and proce- all that follows through ‘‘stalking victim campus security authorities or local police dures that— services programs’’ and inserting ‘‘victim agencies.’’; ‘‘(1) require and include appropriate refer- service providers’’; and (2) in paragraph (3), by inserting ‘‘, that ral systems for child and youth victims; (iii) by inserting ‘‘, regardless of whether withholds the names of victims as confiden- ‘‘(2) protect the confidentiality and privacy the services are provided by the institution tial,’’ after ‘‘that is timely’’; of child and youth victim information, par- or in coordination with community victim (3) in paragraph (6)(A)— ticularly in the context of parental or third service providers’’ before the period at the (A) by redesignating clauses (i), (ii), and party involvement and consent, mandatory end; and (iii) as clauses (ii), (iii), and (iv), respec- reporting duties, and working with other (C) by adding at the end the following: tively; service providers all with priority on victim ‘‘(9) To provide scientifically valid edu- (B) by inserting before clause (ii), as redes- safety and autonomy; and cational programming for students regarding ignated by subparagraph (A), the following: ‘‘(3) ensure that all individuals providing domestic violence, dating violence, sexual ‘‘(i) The terms ‘dating violence’, ‘domestic intervention or prevention programming to assault, and stalking that is produced by ac- violence’, and ‘stalking’ have the meaning children or youth through a program funded credited entities. given such terms in section 40002(a) of the under this section have completed, or will ‘‘(10) To develop or adapt population spe- Violence Against Women Act of 1994 (42 complete, sufficient training in connection cific strategies and projects for victims of U.S.C. 13925(a)).’’; and with domestic violence, dating violence, sex- domestic violence, dating violence, sexual (C) by inserting after clause (iv), as redes- ual assault, stalking, and sex trafficking. assault, and stalking from underserved popu- ignated by subparagraph (A), the following: lations on campus.’’; ‘‘(e) DEFINITIONS AND GRANT CONDITIONS.— ‘‘(v) The term ‘sexual assault’ means an of- (3) in subsection (c)— In this section, the definitions and grant fense classified as a forcible or nonforcible (A) in paragraph (2)— conditions provided for in section 40002 shall sex offense under the uniform crime report- (i) in subparagraph (B), by striking ‘‘any apply. ing system of the Federal Bureau of Inves- non-profit’’ and all that follows through tigation.’’; ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘victim services programs’’ and inserting (4) in paragraph (7)— There is authorized to be appropriated to ‘‘victim service providers’’; (A) by striking ‘‘paragraph (1)(F)’’ and in- carry out this section, $15,000,000 for each of (ii) by redesignating subparagraphs (D) serting ‘‘clauses (i) and (ii) of paragraph fiscal years 2014 through 2018. through (F) as subparagraphs (E) through (1)(F)’’; and ‘‘(g) ALLOTMENT.— (G), respectively; and (B) by inserting after ‘‘Hate Crime Statis- ‘‘(1) IN GENERAL.—Not less than 50 percent (iii) by inserting after subparagraph (C), tics Act.’’ the following: ‘‘For the offenses of of the total amount appropriated under this the following: domestic violence, dating violence, and section for each fiscal year shall be used for ‘‘(D) describe how underserved populations stalking, such statistics shall be compiled in the purposes described in subsection (b)(1). in the campus community will be adequately accordance with the definitions used in sec- ‘‘(2) INDIAN TRIBES.—Not less than 10 per- served, including the provision of relevant tion 40002(a) of the Violence Against Women cent of the total amount appropriated under population specific services;’’; and Act of 1994 (42 U.S.C. 13925(a)).’’; this section for each fiscal year shall be (B) in paragraph (3), by striking ‘‘2007 (5) by striking paragraph (8) and inserting made available for grants under the program through 2011’’ and inserting ‘‘2012 through the following: authorized by section 2015 of the Omnibus 2016’’; ‘‘(8)(A) Each institution of higher edu- Crime Control and Safe Streets Act of 1968. (4) in subsection (d)— cation participating in any program under The requirements of this section shall not (A) by redesignating paragraph (3) as para- this title and title IV of the Economic Op- apply to funds allocated under this para- graph (4); and portunity Act of 1964, other than a foreign graph. (B) by inserting after paragraph (2), the institution of higher education, shall develop following: and distribute as part of the report described ‘‘(h) PRIORITY.—The Attorney General ‘‘(3) GRANTEE MINIMUM REQUIREMENTS.— in paragraph (1) a statement of policy re- shall prioritize grant applications under this Each grantee shall comply with the fol- garding— section that coordinate with prevention pro- lowing minimum requirements during the ‘‘(i) such institution’s programs to prevent grams in the community.’’. grant period: domestic violence, dating violence, sexual (b) VAWA GRANT REQUIREMENTS.—Section ‘‘(A) The grantee shall create a coordi- assault, and stalking; and 40002(b) of the Violence Against Women Act nated community response including both ‘‘(ii) the procedures that such institution of 1994 (42 U.S.C. 13925(b)) is amended by add- organizations external to the institution and will follow once an incident of domestic vio- ing at the end the following: relevant divisions of the institution. lence, dating violence, sexual assault, or ‘‘(16) REQUIREMENT FOR SCIENTIFICALLY ‘‘(B) The grantee shall establish a manda- stalking has been reported. VALID PROGRAMS.—All grant funds made tory prevention and education program on ‘‘(B) The policy described in subparagraph available by this Act shall be used to provide domestic violence, dating violence, sexual (A) shall address the following areas: scientifically valid educational program- assault, and stalking for all incoming stu- ‘‘(i) Possible sanctions or protective meas- ming, training, and public awareness com- dents. ures that such institution may impose fol- munications regarding domestic violence, ‘‘(C) The grantee shall train all campus law lowing a final determination of an institu- dating violence, sexual assault, and stalking enforcement to respond effectively to domes- tional disciplinary procedure regarding rape, that is produced by accredited entities, as tic violence, dating violence, sexual assault, acquaintance rape, domestic violence, dating appropriate.’’. and stalking. violence, sexual assault, or stalking.

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00061 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S540 CONGRESSIONAL RECORD — SENATE February 7, 2013 ‘‘(ii) Procedures victims should follow if a against any individual for exercising their sexual assault or stalking, including direct sex offense, domestic violence, dating vio- rights or responsibilities under any provision counseling or advocacy, and support for the lence, sexual assault, or stalking has oc- of this subsection.’’. non-abusing parent; and curred, including information in writing (b) EFFECTIVE DATE.—The amendments ‘‘(B) training and coordination for edu- about— made by this section shall take effect with cational, after-school, and childcare pro- ‘‘(I) the importance of preserving evidence respect to the annual security report under grams on how to safely and confidentially as may be necessary to the proof of criminal section 485(f)(1) of the Higher Education Act identify children and families experiencing domestic violence, dating violence, sexual of 1965 (20 U.S.C. 1092(f)(1)) prepared by an in- domestic violence, dating violence, sexual assault, or stalking, or in obtaining a protec- stitution of higher education 1 calendar year assault, or stalking and properly refer chil- tion order; after the date of enactment of this Act, and dren exposed and their families to services ‘‘(II) to whom the alleged offense should be each subsequent calendar year. and violence prevention programs. ‘‘(c) ELIGIBLE ENTITIES.—To be an eligible reported; TITLE IV—VIOLENCE REDUCTION to receive a grant under this section, an en- ‘‘(III) options regarding law enforcement PRACTICES and campus authorities, including notifica- tity shall be— SEC. 401. STUDY CONDUCTED BY THE CENTERS ‘‘(1) a victim service provider, community- tion of the victim’s option to— FOR DISEASE CONTROL AND PRE- ‘‘(aa) notify proper law enforcement au- based organization, tribe or tribal organiza- VENTION. tion, or other non-profit, nongovernmental thorities, including on-campus and local po- Section 402(c) of the Violence Against lice; organization that has a history of effective Women and Department of Justice Reauthor- work preventing domestic violence, dating ‘‘(bb) be assisted by campus authorities in ization Act of 2005 (42 U.S.C. 280b–4(c)) is notifying law enforcement authorities if the violence, sexual assault, or stalking and ex- amended by striking ‘‘$2,000,000 for each of pertise in the specific area for which they victim so chooses; and the fiscal years 2007 through 2011’’ and in- ‘‘(cc) decline to notify such authorities; are applying for funds; or serting ‘‘$500,000 for each of fiscal years 2014 ‘‘(2) a partnership between a victim service and through 2018’’. ‘‘(IV) where applicable, the rights of vic- provider, community-based organization, SEC. 402. SAVING MONEY AND REDUCING TRAGE- tribe or tribal organization, or other non- tims and the institution’s responsibilities re- DIES THROUGH PREVENTION garding orders of protection, no contact or- profit, nongovernmental organization that GRANTS. has a history of effective work preventing ders, restraining orders, or similar lawful or- (a) SMART PREVENTION.—Section 41303 of domestic violence, dating violence, sexual ders issued by a criminal, civil, or tribal the Violence Against Women Act of 1994 (42 assault, or stalking and at least one of the court. U.S.C. 14043d–2) is amended to read as fol- following: ‘‘(iii) Information about how the institu- lows: ‘‘(A) A public, charter, tribal, or nationally tion will protect the confidentiality of vic- ‘‘SEC. 41303. SAVING MONEY AND REDUCING accredited private middle or high school, a tims, including how publicly-available rec- TRAGEDIES THROUGH PREVENTION school administered by the Department of ordkeeping will be accomplished without the (SMART PREVENTION). Defense under section 2164 of title 10, United inclusion of identifying information about ‘‘(a) GRANTS AUTHORIZED.—The Attorney States Code or section 1402 of the Defense the victim, to the extent permissible by law. General, in consultation with the Secretary Dependents’ Education Act of 1978, a group ‘‘(iv) Notification of students about exist- of Health and Human Services and the Sec- of schools, or a school district. ing counseling, health, mental health, vic- retary of Education, is authorized to award ‘‘(B) A local community-based organiza- tim advocacy, legal assistance, and other grants for the purpose of preventing domes- tion, population-specific organization, or services available for victims both on-cam- tic violence, dating violence, sexual assault, faith-based organization that has established pus and in the community. and stalking by taking a comprehensive ap- expertise in providing services to youth. ‘‘(v) Notification of victims about options proach that focuses on youth, children ex- ‘‘(C) A community-based organization, pop- for, and available assistance in, changing posed to violence, and men as leaders and ulation-specific organization, university or academic, living, transportation, and work- influencers of social norms. health care clinic, faith-based organization, ing situations, if so requested by the victim ‘‘(b) USE OF FUNDS.—Funds provided under or other non-profit, nongovernmental orga- and if such accommodations are reasonably this section may be used for the following nization. available, regardless of whether the victim purposes: ‘‘(D) A nonprofit, nongovernmental entity chooses to report the crime to campus police ‘‘(1) TEEN DATING VIOLENCE AWARENESS AND providing services for runaway or homeless or local law enforcement. PREVENTION.—To develop, maintain, or en- youth affected by domestic violence, dating ‘‘(C) A student or employee who reports to hance programs that change attitudes and violence, sexual assault, or stalking. an institution of higher education that the behaviors around the acceptability of domes- ‘‘(E) Healthcare entities eligible for reim- student or employee has been a victim of do- tic violence, dating violence, sexual assault, bursement under title XVIII of the Social Se- mestic violence, dating violence, sexual as- and stalking and provide education and curity Act, including providers that target sault, or stalking, whether the offense oc- skills training to young individuals and indi- the special needs of children and youth. curred on or off campus, shall be provided viduals who influence young individuals. The ‘‘(F) Any other agencies, population-spe- with a written explanation of the student or prevention program may use evidence-based, cific organizations, or nonprofit, nongovern- employee’s rights and options, as described evidence-informed, or innovative strategies mental organizations with the capacity to in clauses (ii) through (vii) of subparagraph and practices focused on youth. Such a pro- provide necessary expertise to meet the (B).’’; gram should include— goals of the program. (6) in paragraph (9), by striking ‘‘The Sec- ‘‘(A) scientifically valid age appropriate ‘‘(d) GRANTEE REQUIREMENTS.— retary’’ and inserting ‘‘The Secretary, in education that is produced by accredited en- ‘‘(1) IN GENERAL.—Applicants for grants consultation with the Attorney General of tities on domestic violence, dating violence, under this section shall prepare and submit the United States,’’; sexual assault, stalking, and sexual coercion, to the Director an application at such time, (7) by striking paragraph (16) and inserting as well as healthy relationship skills, in in such manner, and containing such infor- the following: school, in the community, or in health care mation as the Director may require that ‘‘(16)(A) The Secretary shall seek the ad- vice and counsel of the Attorney General of settings; demonstrates the capacity of the applicant the United States concerning the develop- ‘‘(B) community-based collaboration and and partnering organizations to undertake ment, and dissemination to institutions of training for those with influence on youth, the project. higher education, of best practices informa- such as parents, teachers, coaches, ‘‘(2) POLICIES AND PROCEDURES.—Applicants tion about campus safety and emergencies. healthcare providers, faith-leaders, older under this section shall establish and imple- ‘‘(B) The Secretary shall seek the advice teens, and mentors; ment policies, practices, and procedures and counsel of the Attorney General of the ‘‘(C) education and outreach to change en- that— United States and the Secretary of Health vironmental factors contributing to domes- ‘‘(A) include appropriate referral systems and Human Services concerning the develop- tic violence, dating violence, sexual assault, to direct any victim identified during pro- ment, and dissemination to institutions of and stalking; and gram activities to highly qualified follow-up higher education, of best practices informa- ‘‘(D) policy development targeted to pre- care; tion about preventing and responding to in- vention, including school-based policies and ‘‘(B) protect the confidentiality and pri- cidents of domestic violence, dating vio- protocols. vacy of adult and youth victim information, lence, sexual assault, and stalking, including ‘‘(2) CHILDREN EXPOSED TO VIOLENCE AND particularly in the context of parental or elements of institutional policies that have ABUSE.—To develop, maintain or enhance third party involvement and consent, man- proven successful based on evidence-based programs designed to prevent future inci- datory reporting duties, and working with outcome measurements.’’; and dents of domestic violence, dating violence, other service providers; (8) by striking paragraph (17) and inserting sexual assault, and stalking by preventing, ‘‘(C) ensure that all individuals providing the following: reducing and responding to children’s expo- prevention programming through a program ‘‘(17) No officer, employee, or agent of an sure to violence in the home. Such programs funded under this section have completed or institution participating in any program may include— will complete sufficient training in connec- under this title shall retaliate, intimidate, ‘‘(A) providing services for children ex- tion with domestic violence, dating violence, threaten, coerce, or otherwise discriminate posed to domestic violence, dating violence, sexual assault or stalking; and

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‘‘(D) document how prevention programs ‘‘(i) are designed to train medical, psy- ‘‘(C) OTHER USES.—Grants funded under are coordinated with service programs in the chology, dental, social work, nursing, and subsection (a)(3) may be used for— community. other health profession students, interns, ‘‘(i) the development of training modules ‘‘(3) PREFERENCE.—In selecting grant re- residents, fellows, or current health care pro- and policies that address the overlap of child cipients under this section, the Attorney viders to identify and provide health care abuse, domestic violence, dating violence, General shall give preference to applicants services (including mental or behavioral sexual assault, and stalking and elder abuse, that— health care services and referrals to appro- as well as childhood exposure to domestic ‘‘(A) include outcome-based evaluation; priate community services) to individuals and sexual violence; and who are or who have been victims of domes- ‘‘(ii) the development, expansion, and im- ‘‘(B) identify any other community, school, tic violence, dating violence, sexual assault, plementation of sexual assault forensic med- or State-based efforts that are working on or stalking; and ical examination or sexual assault nurse ex- domestic violence, dating violence, sexual ‘‘(ii) plan and develop culturally com- aminer programs; assault, or stalking prevention and explain petent clinical training components for inte- ‘‘(iii) the inclusion of the health effects of how the grantee or partnership will add gration into approved internship, residency, lifetime exposure to violence and abuse as value, coordinate with other programs, and and fellowship training or continuing med- well as related protective factors and behav- not duplicate existing efforts. ical or other health education training that ioral risk factors in health professional ‘‘(e) DEFINITIONS AND GRANT CONDITIONS.— address physical, mental, and behavioral training schools including medical, dental, In this section, the definitions and grant health issues, including protective factors, nursing, social work, and mental and behav- conditions provided for in section 40002 shall related to domestic violence, dating vio- ioral health curricula, and allied health serv- apply. lence, sexual assault, stalking, and other ice training courses; or ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— forms of violence and abuse, focus on reduc- ‘‘(iv) the integration of knowledge of do- There is authorized to be appropriated to ing health disparities and preventing vio- mestic violence, dating violence, sexual as- carry out this section $15,000,000 for each of lence and abuse, and include the primacy of sault, and stalking into health care accredi- fiscal years 2014 through 2018. victim safety and confidentiality; tation and professional licensing examina- ‘‘(g) ALLOTMENT.— ‘‘(B) design and implement comprehensive tions, such as medical, dental, social work, ‘‘(1) IN GENERAL.—Not less than 25 percent strategies to improve the response of the and nursing boards, and where appropriate, of the total amounts appropriated under this health care system to domestic or sexual vi- other allied health exams. section in each fiscal year shall be used for olence in clinical and public health settings, ‘‘(c) REQUIREMENTS FOR GRANTEES.— each set of purposes described in paragraphs hospitals, clinics, and other health settings ‘‘(1) CONFIDENTIALITY AND SAFETY.— (1), (2), and (3) of subsection (a). (including behavioral and mental health), ‘‘(A) IN GENERAL.—Grantees under this sec- NDIAN TRIBES.—Not less than 10 per- under subsection (a)(3) through— ‘‘(2) I tion shall ensure that all programs developed cent of the total amounts appropriated under ‘‘(i) the implementation, dissemination, with grant funds address issues of confiden- this section in each fiscal year shall be made and evaluation of policies and procedures to tiality and patient safety and comply with available for grants to Indian tribes or tribal guide health professionals and public health applicable confidentiality and nondisclosure organizations.’’. staff in identifying and responding to domes- requirements under section 40002(b)(2) of the (b) REPEALS.—The following provisions are tic violence, dating violence, sexual assault, Violence Against Women Act of 1994 and the repealed: and stalking, including strategies to ensure Family Violence Prevention and Services (1) Sections 41304 and 41305 of the Violence that health information is maintained in a Act, and that faculty and staff associated Against Women Act of 1994 (42 U.S.C. 14043d– manner that protects the patient’s privacy with delivering educational components are 3 and 14043d–4). and safety, and safely uses health informa- fully trained in procedures that will protect (2) Section 403 of the Violence Against tion technology to improve documentation, the immediate and ongoing security and con- Women and Department of Justice Reauthor- identification, assessment, treatment, and fidentiality of the patients, patient records, ization Act of 2005 (42 U.S.C. 14045c). follow-up care; ‘‘(ii) the development of on-site access to and staff. Such grantees shall consult enti- TITLE V—STRENGTHENING THE services to address the safety, medical, and ties with demonstrated expertise in the con- HEALTHCARE SYSTEM’S RESPONSE TO mental health needs of patients by increas- fidentiality and safety needs of victims of DOMESTIC VIOLENCE, DATING VIO- ing the capacity of existing health care pro- domestic violence, dating violence, sexual LENCE, SEXUAL ASSAULT, AND STALK- fessionals and public health staff to address assault, and stalking on the development ING domestic violence, dating violence, sexual and adequacy of confidentially and security SEC. 501. CONSOLIDATION OF GRANTS TO assault, and stalking, or by contracting with procedures, and provide documentation of STRENGTHEN THE HEALTHCARE or hiring domestic or sexual assault advo- such consultation. SYSTEM’S RESPONSE TO DOMESTIC cates to provide such services or to model ‘‘(B) ADVANCE NOTICE OF INFORMATION DIS- VIOLENCE, DATING VIOLENCE, SEX- CLOSURE.—Grantees under this section shall UAL ASSAULT, AND STALKING. other services appropriate to the geographic provide to patients advance notice about any (a) GRANTS.—Section 399P of the Public and cultural needs of a site; Health Service Act (42 U.S.C. 280g–4) is ‘‘(iii) the development of measures and circumstances under which information may amended to read as follows: methods for the evaluation of the practice of be disclosed, such as mandatory reporting identification, intervention, and documenta- laws, and shall give patients the option to ‘‘SEC. 399P. GRANTS TO STRENGTHEN THE receive information and referrals without af- HEALTHCARE SYSTEM’S RESPONSE tion regarding victims of domestic violence, TO DOMESTIC VIOLENCE, DATING dating violence, sexual assault, and stalking, firmatively disclosing abuse. VIOLENCE, SEXUAL ASSAULT, AND including the development and testing of ‘‘(2) LIMITATION ON ADMINISTRATIVE EX- STALKING. quality improvement measurements; and PENSES.—A grantee shall use not more than ‘‘(a) IN GENERAL.—The Secretary shall ‘‘(iv) the provision of training and follow- 10 percent of the amounts received under a award grants for— up technical assistance to health care profes- grant under this section for administrative ‘‘(1) the development or enhancement and sionals, and public health staff, and allied expenses. implementation of interdisciplinary training health professionals to identify, assess, ‘‘(3) APPLICATION.— for health professionals, public health staff, treat, and refer clients who are victims of ‘‘(A) PREFERENCE.—In selecting grant re- and allied health professionals; domestic violence, dating violence, sexual cipients under this section, the Secretary ‘‘(2) the development or enhancement and assault, or stalking, including using tools shall give preference to applicants based on implementation of education programs for and training materials already developed. the strength of their evaluation strategies, medical, nursing, dental, and other health ‘‘(2) PERMISSIBLE USES.— with priority given to outcome based evalua- profession students and residents to prevent ‘‘(A) CHILD AND ELDER ABUSE.—To the ex- tions. and respond to domestic violence, dating vio- tent consistent with the purpose of this sec- ‘‘(B) SUBSECTION (a)(1) AND (2) GRANTEES.— lence, sexual assault, and stalking; and tion, a grantee may use amounts received Applications for grants under paragraphs (1) ‘‘(3) the development or enhancement and under this section to address, as part of a and (2) of subsection (a) shall include— implementation of comprehensive statewide comprehensive programmatic approach im- ‘‘(i) documentation that the applicant rep- strategies to improve the response of clinics, plemented under the grant, issues relating to resents a team of entities working collabo- public health facilities, hospitals, and other child or elder abuse. ratively to strengthen the response of the health settings (including behavioral and ‘‘(B) RURAL AREAS.—Grants funded under health care system to domestic violence, mental health programs) to domestic vio- paragraphs (1) and (2) of subsection (a) may dating violence, sexual assault, or stalking, lence, dating violence, sexual assault, and be used to offer to rural areas community- and which includes at least one of each of— stalking. based training opportunities, which may in- ‘‘(I) an accredited school of allopathic or ‘‘(b) USE OF FUNDS.— clude the use of distance learning networks osteopathic medicine, psychology, nursing, ‘‘(1) REQUIRED USES.—Amounts provided and other available technologies needed to dentistry, social work, or other health field; under a grant under this section shall be reach isolated rural areas, for medical, nurs- ‘‘(II) a health care facility or system; or used to— ing, and other health profession students and ‘‘(III) a government or nonprofit entity ‘‘(A) fund interdisciplinary training and residents on domestic violence, dating vio- with a history of effective work in the fields education programs under paragraphs (1) and lence, sexual assault, stalking, and, as appro- of domestic violence, dating violence, sexual (2) of subsection (a) that— priate, other forms of violence and abuse. assault, or stalking; and

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00063 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S542 CONGRESSIONAL RECORD — SENATE February 7, 2013 ‘‘(ii) strategies for the dissemination and tem, or any other community-based organi- TITLE VI—SAFE HOMES FOR VICTIMS OF sharing of curricula and other educational zation with a history of effective work in the DOMESTIC VIOLENCE, DATING VIO- materials developed under the grant, if any, field of domestic violence, dating violence, LENCE, SEXUAL ASSAULT, AND STALK- with other interested health professions sexual assault, or stalking and health care, ING schools and national resource repositories including physical or mental health care. SEC. 601. HOUSING PROTECTIONS FOR VICTIMS for materials on domestic violence, dating OF DOMESTIC VIOLENCE, DATING ‘‘(e) TECHNICAL ASSISTANCE.— violence, sexual assault, and stalking. VIOLENCE, SEXUAL ASSAULT, AND ‘‘(1) IN GENERAL.—Of the funds made avail- ‘‘(C) SUBSECTION (a)(3) GRANTEES.—An enti- STALKING. able to carry out this section for any fiscal ty desiring a grant under subsection (a)(3) (a) AMENDMENT.—Subtitle N of the Vio- shall submit an application to the Secretary year, the Secretary may make grants or lence Against Women Act of 1994 (42 U.S.C. at such time, in such a manner, and con- enter into contracts to provide technical as- 14043e et seq.) is amended— taining such information and assurances as sistance with respect to the planning, devel- (1) by inserting after the subtitle heading the Secretary may require, including— opment, and operation of any program, ac- the following: tivity or service carried out pursuant to this ‘‘(i) documentation that all training, edu- ‘‘CHAPTER 1—GRANT PROGRAMS’’; cation, screening, assessment, services, section. Not more than 8 percent of the funds (2) in section 41402 (42 U.S.C. 14043e–1), in treatment, and any other approach to pa- appropriated under this section in each fiscal the matter preceding paragraph (1), by strik- tient care will be informed by an under- year may be used to fund technical assist- ing ‘‘subtitle’’ and inserting ‘‘chapter’’; standing of violence and abuse victimization ance under this subsection. (3) in section 41403 (42 U.S.C. 14043e–2), in and trauma-specific approaches that will be ‘‘(2) AVAILABILITY OF MATERIALS.—The Sec- the matter preceding paragraph (1), by strik- integrated into prevention, intervention, and retary shall make publicly available mate- ing ‘‘subtitle’’ and inserting ‘‘chapter’’; and treatment activities; rials developed by grantees under this sec- (4) by adding at the end the following: ‘‘(ii) strategies for the development and tion, including materials on training, best implementation of policies to prevent and practices, and research and evaluation. ‘‘CHAPTER 2—HOUSING RIGHTS address domestic violence, dating violence, ‘‘(3) REPORTING.—The Secretary shall pub- ‘‘SEC. 41411. HOUSING PROTECTIONS FOR VIC- sexual assault, and stalking over the lifespan lish a biennial report on— TIMS OF DOMESTIC VIOLENCE, DAT- in health care settings; ‘‘(A) the distribution of funds under this ING VIOLENCE, SEXUAL ASSAULT, ‘‘(iii) a plan for consulting with State and section; and AND STALKING. tribal domestic violence or sexual assault ‘‘(B) the programs and activities supported ‘‘(a) DEFINITIONS.—In this chapter: coalitions, national nonprofit victim advo- by such funds. ‘‘(1) AFFILIATED INDIVIDUAL.—The term ‘af- cacy organizations, State or tribal law en- filiated individual’ means, with respect to an ‘‘(f) RESEARCH AND EVALUATION.— forcement task forces (where appropriate), individual— ‘‘(1) IN GENERAL.—Of the funds made avail- and population specific organizations with ‘‘(A) a spouse, parent, brother, sister, or able to carry out this section for any fiscal demonstrated expertise in domestic violence, child of that individual, or an individual to dating violence, sexual assault, or stalking; year, the Secretary may use not more than whom that individual stands in loco ‘‘(iv) with respect to an application for a 20 percent to make a grant or enter into a parentis; or grant under which the grantee will have con- contract for research and evaluation of— ‘‘(B) any individual, tenant, or lawful occu- tact with patients, a plan, developed in col- ‘‘(A) grants awarded under this section; pant living in the household of that indi- laboration with local victim service pro- and vidual. viders, to respond appropriately to and make ‘‘(B) other training for health professionals ‘‘(2) APPROPRIATE AGENCY.—The term ‘ap- correct referrals for individuals who disclose and effective interventions in the health propriate agency’ means, with respect to a that they are victims of domestic violence, care setting that prevent domestic violence, covered housing program, the Executive de- dating violence, sexual assault, stalking, or dating violence, and sexual assault across partment (as defined in section 101 of title 5, other types of violence, and documentation the lifespan, prevent the health effects of United States Code) that carries out the cov- provided by the grantee of an ongoing col- such violence, and improve the safety and ered housing program. laborative relationship with a local victim health of individuals who are currently being ‘‘(3) COVERED HOUSING PROGRAM.—The term service provider; and victimized. ‘covered housing program’ means— ‘‘(v) with respect to an application for a ‘‘(2) RESEARCH.—Research authorized in ‘‘(A) the program under section 202 of the grant proposing to fund a program described paragraph (1) may include— Housing Act of 1959 (12 U.S.C. 1701q); in subsection (b)(2)(C)(ii), a certification that ‘‘(A) research on the effects of domestic vi- ‘‘(B) the program under section 811 of the any sexual assault forensic medical examina- olence, dating violence, sexual assault, and Cranston-Gonzalez National Affordable tion and sexual assault nurse examiner pro- childhood exposure to domestic, dating or Housing Act (42 U.S.C. 8013); grams supported with such grant funds will sexual violence on health behaviors, health ‘‘(C) the program under subtitle D of title adhere to the guidelines set forth by the At- conditions, and health status of individuals, VIII of the Cranston-Gonzalez National Af- torney General. families, and populations, including under- fordable Housing Act (42 U.S.C. 12901 et seq.); ‘‘(d) ELIGIBLE ENTITIES.— served populations; ‘‘(D) the program under subtitle A of title ‘‘(1) IN GENERAL.—To be eligible to receive ‘‘(B) research to determine effective health IV of the McKinney-Vento Homeless Assist- funding under paragraph (1) or (2) of sub- care interventions to respond to and prevent ance Act (42 U.S.C. 11360 et seq.); section (a), an entity shall be— domestic violence, dating violence, sexual ‘‘(E) the program under subtitle A of title ‘‘(A) a nonprofit organization with a his- assault, and stalking; II of the Cranston-Gonzalez National Afford- tory of effective work in the field of training ‘‘(C) research on the impact of domestic, able Housing Act (42 U.S.C. 12741 et seq.); health professionals with an understanding dating and sexual violence, childhood expo- ‘‘(F) the program under paragraph (3) of of, and clinical skills pertinent to, domestic sure to such violence, and stalking on the section 221(d) of the National Housing Act (12 violence, dating violence, sexual assault, or health care system, health care utilization, U.S.C. 1715l(d)) that bears interest at a rate stalking, and lifetime exposure to violence health care costs, and health status; and determined under the proviso under para- and abuse; ‘‘(D) research on the impact of adverse graph (5) of such section 221(d); ‘‘(B) an accredited school of allopathic or childhood experiences on adult experience ‘‘(G) the program under section 236 of the osteopathic medicine, psychology, nursing, with domestic violence, dating violence, sex- National Housing Act (12 U.S.C. 1715z–1); dentistry, social work, or allied health; ual assault, stalking, and adult health out- ‘‘(H) the programs under sections 6 and 8 of ‘‘(C) a health care provider membership or comes, including how to reduce or prevent the United States Housing Act of 1937 (42 professional organization, or a health care the impact of adverse childhood experiences U.S.C. 1437d and 1437f); system; or through the health care setting. ‘‘(I) rural housing assistance provided ‘‘(D) a State, tribal, territorial, or local en- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— under sections 514, 515, 516, 533, and 538 of the tity. There is authorized to be appropriated to Housing Act of 1949 (42 U.S.C. 1484, 1485, 1486, ‘‘(2) SUBSECTION (a)(3) GRANTEES.—To be el- 1490m, and 1490p–2); and carry out this section $10,000,000 for each of igible to receive funding under subsection ‘‘(J) the low income housing tax credit pro- (a)(3), an entity shall be— fiscal years 2014 through 2018. gram under section 42 of the Internal Rev- ‘‘(A) a State department (or other division) ‘‘(h) DEFINITIONS.—Except as otherwise enue Code of 1986. of health, a State, tribal, or territorial do- provided herein, the definitions provided for ‘‘(b) PROHIBITED BASIS FOR DENIAL OR TER- mestic violence or sexual assault coalition in section 40002 of the Violence Against MINATION OF ASSISTANCE OR EVICTION.— or victim service provider, or any other non- Women Act of 1994 shall apply to this sec- ‘‘(1) IN GENERAL.—An applicant for or ten- profit, nongovernmental organization with a ant of housing assisted under a covered hous- tion.’’. history of effective work in the fields of do- ing program may not be denied admission to, mestic violence, dating violence, sexual as- (b) REPEALS.—The following provisions are denied assistance under, terminated from sault, or stalking, and health care, including repealed: participation in, or evicted from the housing physical or mental health care; or (1) Section 40297 of the Violence Against on the basis that the applicant or tenant is ‘‘(B) a local victim service provider, a local Women Act of 1994 (42 U.S.C. 13973). or has been a victim of domestic violence, department (or other division) of health, a (2) Section 758 of the Public Health Service dating violence, sexual assault, or stalking, local health clinic, hospital, or health sys- Act (42 U.S.C. 294h). if the applicant or tenant otherwise qualifies

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00064 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S543 for admission, assistance, participation, or lease not premised on the act of violence in ‘‘(ii) states under penalty of perjury that occupancy. question against the tenant or an affiliated the individual described in clause (i)(I) be- ‘‘(2) CONSTRUCTION OF LEASE TERMS.—An in- person of the tenant, if the public housing lieves that the incident of domestic violence, cident of actual or threatened domestic vio- agency or owner or manager does not subject dating violence, sexual assault, or stalking lence, dating violence, sexual assault, or an individual who is or has been a victim of that is the ground for protection under sub- stalking shall not be construed as— domestic violence, dating violence, or stalk- section (b) meets the requirements under ‘‘(A) a serious or repeated violation of a ing to a more demanding standard than subsection (b); lease for housing assisted under a covered other tenants in determining whether to ‘‘(C) a record of a Federal, State, tribal, housing program by the victim or threatened evict or terminate; territorial, or local law enforcement agency, victim of such incident; or ‘‘(iii) to limit the authority to terminate court, or administrative agency; or ‘‘(B) good cause for terminating the assist- assistance to a tenant or evict a tenant from ‘‘(D) at the discretion of a public housing ance, tenancy, or occupancy rights to hous- housing assisted under a covered housing agency or owner or manager of housing as- ing assisted under a covered housing pro- program if a public housing agency or owner sisted under a covered housing program, a gram of the victim or threatened victim of or manager of the housing can demonstrate statement or other evidence provided by an such incident. that an actual and imminent threat to other applicant or tenant. ‘‘(3) TERMINATION ON THE BASIS OF CRIMINAL tenants or individuals employed at or pro- ‘‘(4) CONFIDENTIALITY.—Any information ACTIVITY.— viding service to the property would be submitted to a public housing agency or ‘‘(A) DENIAL OF ASSISTANCE, TENANCY, AND present if the assistance is not terminated or owner or manager under this subsection, in- OCCUPANCY RIGHTS PROHIBITED.—No person the tenant is not evicted; or cluding the fact that an individual is a vic- may deny assistance, tenancy, or occupancy ‘‘(iv) to supersede any provision of any tim of domestic violence, dating violence, rights to housing assisted under a covered Federal, State, or local law that provides sexual assault, or stalking shall be main- housing program to a tenant solely on the greater protection than this section for vic- tained in confidence by the public housing basis of criminal activity directly relating to tims of domestic violence, dating violence, agency or owner or manager and may not be domestic violence, dating violence, sexual sexual assault, or stalking. assault, or stalking that is engaged in by a ‘‘(c) DOCUMENTATION.— entered into any shared database or dis- member of the household of the tenant or ‘‘(1) REQUEST FOR DOCUMENTATION.—If an closed to any other entity or individual, ex- any guest or other person under the control applicant for, or tenant of, housing assisted cept to the extent that the disclosure is— of the tenant, if the tenant or an affiliated under a covered housing program represents ‘‘(A) requested or consented to by the indi- individual of the tenant is the victim or to a public housing agency or owner or man- vidual in writing; threatened victim of such domestic violence, ager of the housing that the individual is en- ‘‘(B) required for use in an eviction pro- dating violence, sexual assault, or stalking. titled to protection under subsection (b), the ceeding under subsection (b); or ‘‘(B) BIFURCATION.— public housing agency or owner or manager ‘‘(C) otherwise required by applicable law. ‘‘(i) IN GENERAL.—Notwithstanding sub- may request, in writing, that the applicant ‘‘(5) DOCUMENTATION NOT REQUIRED.—Noth- paragraph (A), a public housing agency or or tenant submit to the public housing agen- ing in this subsection shall be construed to owner or manager of housing assisted under cy or owner or manager a form of docu- require a public housing agency or owner or a covered housing program may bifurcate a mentation described in paragraph (3). manager of housing assisted under a covered lease for the housing in order to evict, re- ‘‘(2) FAILURE TO PROVIDE CERTIFICATION.— housing program to request that an indi- move, or terminate assistance to any indi- ‘‘(A) IN GENERAL.—If an applicant or tenant vidual submit documentation of the status of vidual who is a tenant or lawful occupant of does not provide the documentation re- the individual as a victim of domestic vio- the housing and who engages in criminal ac- quested under paragraph (1) within 14 busi- lence, dating violence, sexual assault, or tivity directly relating to domestic violence, ness days after the tenant receives a request stalking. dating violence, sexual assault, or stalking in writing for such certification from a pub- ‘‘(6) COMPLIANCE NOT SUFFICIENT TO CON- against an affiliated individual or other indi- lic housing agency or owner or manager of STITUTE EVIDENCE OF UNREASONABLE ACT.— vidual, without evicting, removing, termi- housing assisted under a covered housing Compliance with subsection (b) by a public nating assistance to, or otherwise penalizing program, nothing in this chapter may be housing agency or owner or manager of hous- a victim of such criminal activity who is construed to limit the authority of the pub- ing assisted under a covered housing pro- also a tenant or lawful occupant of the hous- lic housing agency or owner or manager to— gram based on documentation received under ing. ‘‘(i) deny admission by the applicant or this subsection, shall not be sufficient to ‘‘(ii) EFFECT OF EVICTION ON OTHER TEN- tenant to the covered program; constitute evidence of an unreasonable act ANTS.—If public housing agency or owner or ‘‘(ii) deny assistance under the covered or omission by the public housing agency or manager of housing assisted under a covered program to the applicant or tenant; owner or manager or an employee or agent of housing program evicts, removes, or termi- ‘‘(iii) terminate the participation of the the public housing agency or owner or man- nates assistance to an individual under applicant or tenant in the covered program; ager. Nothing in this paragraph shall be con- clause (i), and the individual is the sole ten- or strued to limit the liability of a public hous- ant eligible to receive assistance under a ‘‘(iv) evict the applicant, the tenant, or a ing agency or owner or manager of housing covered housing program, the public housing lawful occupant that commits violations of a assisted under a covered housing program for agency or owner or manager of housing as- lease. failure to comply with subsection (b). sisted under the covered housing program ‘‘(B) EXTENSION.—A public housing agency ‘‘(7) RESPONSE TO CONFLICTING CERTIFI- shall provide any remaining tenant an oppor- or owner or manager of housing may extend CATION.—If a public housing agency or owner tunity to establish eligibility for the covered the 14-day deadline under subparagraph (A) or manager of housing assisted under a cov- housing program. If a tenant described in the at its discretion. ered housing program receives documenta- preceding sentence cannot establish eligi- ‘‘(3) FORM OF DOCUMENTATION.—A form of tion under this subsection that contains con- bility, the public housing agency or owner or documentation described in this paragraph flicting information, the public housing manager of the housing shall provide the is— agency or owner or manager may require an tenant a reasonable time, as determined by ‘‘(A) a certification form approved by the applicant or tenant to submit third-party the appropriate agency, to find new housing appropriate agency that— documentation, as described in subparagraph or to establish eligibility for housing under ‘‘(i) states that an applicant or tenant is a (B), (C), or (D) of paragraph (3). another covered housing program. victim of domestic violence, dating violence, ‘‘(8) PREEMPTION.—Nothing in this sub- ‘‘(C) RULES OF CONSTRUCTION.—Nothing in sexual assault, or stalking; subparagraph (A) shall be construed— ‘‘(ii) states that the incident of domestic section shall be construed to supersede any ‘‘(i) to limit the authority of a public hous- violence, dating violence, sexual assault, or provision of any Federal, State, or local law ing agency or owner or manager of housing stalking that is the ground for protection that provides greater protection than this assisted under a covered housing program, under subsection (b) meets the requirements subsection for victims of domestic violence, when notified of a court order, to comply under subsection (b); and dating violence, sexual assault, or stalking. with a court order with respect to— ‘‘(iii) includes the name of the individual ‘‘(d) NOTIFICATION.— ‘‘(I) the rights of access to or control of who committed the domestic violence, dat- ‘‘(1) DEVELOPMENT.—The Secretary of property, including civil protection orders ing violence, sexual assault, or stalking, if Housing and Urban Development shall de- issued to protect a victim of domestic vio- the name is known and safe to provide; velop a notice of the rights of individuals lence, dating violence, sexual assault, or ‘‘(B) a document that— under this section, including the right to stalking; or ‘‘(i) is signed by— confidentiality and the limits thereof. ‘‘(II) the distribution or possession of prop- ‘‘(I) an employee, agent, or volunteer of a ‘‘(2) PROVISION.—Each public housing agen- erty among members of a household in a victim service provider, an attorney, a med- cy or owner or manager of housing assisted case; ical professional, or a mental health profes- under a covered housing program shall pro- ‘‘(ii) to limit any otherwise available au- sional from whom an applicant or tenant has vide the notice developed under paragraph thority of a public housing agency or owner sought assistance relating to domestic vio- (1), together with the form described in sub- or manager of housing assisted under a cov- lence, dating violence, sexual assault, or section (c)(3)(A), to an applicant for or ten- ered housing program to evict or terminate stalking, or the effects of the abuse; and ants of housing assisted under a covered assistance to a tenant for any violation of a ‘‘(II) the applicant or tenant; and housing program—

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00065 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S544 CONGRESSIONAL RECORD — SENATE February 7, 2013 ‘‘(A) at the time the applicant is denied been a victim of domestic violence, dating OR SEXUAL ASSAULT’’ and inserting ‘‘VIC- residency in a dwelling unit assisted under violence, or stalking is not an appropriate TIMS OF DOMESTIC VIOLENCE, DATING the covered housing program; basis for denial of program assistance or for VIOLENCE, SEXUAL ASSAULT, OR STALK- ‘‘(B) at the time the individual is admitted denial of admission if the applicant other- ING’’; to a dwelling unit assisted under the covered wise qualifies for assistance or admission’’; (B) in subsection (a)(1), by striking ‘‘flee- housing program; and ing’’; and ‘‘(C) with any notification of eviction or (ii) in subparagraph (B)— (C) in subsection (g)— notification of termination of assistance; (I) in clause (ii), by striking ‘‘, and that an (i) in paragraph (1), by striking ‘‘$40,000,000 and incident or incidents of actual or threatened for each of fiscal years 2007 through 2011’’ ‘‘(D) in multiple languages, consistent with domestic violence, dating violence, or stalk- and inserting ‘‘$35,000,000 for each of fiscal guidance issued by the Secretary of Housing ing will not be construed as a serious or re- years 2014 through 2018’’; and and Urban Development in accordance with peated violation of the lease by the victim or (ii) in paragraph (3)— Executive Order 13166 (42 U.S.C. 2000d–1 note; threatened victim of that violence and will (I) in subparagraph (A), by striking ‘‘eligi- relating to access to services for persons not be good cause for terminating the ten- ble’’ and inserting ‘‘qualified’’; and with limited English proficiency). ancy or occupancy rights of the victim of (II) by adding at the end the following: ‘‘(e) EMERGENCY TRANSFERS.—Each appro- such violence’’; and ‘‘(D) QUALIFIED APPLICATION DEFINED.—In priate agency shall adopt a model emergency (II) in clause (iii), by striking ‘‘, except this paragraph, the term ‘qualified applica- transfer plan for use by public housing agen- that:’’ and all that follows through ‘‘stalk- tion’ means an application that— cies and owners or managers of housing as- ing.’’; ‘‘(i) has been submitted by an eligible ap- sisted under covered housing programs (C) in subsection (f)— plicant; that— (i) in paragraph (6), by adding ‘‘and’’ at the ‘‘(ii) does not propose any significant ac- ‘‘(1) allows tenants who are victims of do- end; tivities that may compromise victim safety; mestic violence, dating violence, sexual as- (ii) in paragraph (7), by striking the semi- ‘‘(iii) reflects an understanding of the dy- sault, or stalking to transfer to another colon at the end and inserting a period; and namics of domestic violence, dating violence, available and safe dwelling unit assisted (iii) by striking paragraphs (8), (9), (10), and sexual assault, or stalking; and under a covered housing program if— (11); ‘‘(iv) does not propose prohibited activi- ‘‘(A) the tenant expressly requests the (D) in subsection (o)— ties, including mandatory services for vic- transfer; and (i) in paragraph (6)(B), by striking the last tims, background checks of victims, or clin- ‘‘(B)(i) the tenant reasonably believes that sentence; ical evaluations to determine eligibility for the tenant is threatened with imminent (ii) in paragraph (7)— services.’’. harm from further violence if the tenant re- (I) in subparagraph (C), by striking ‘‘and SEC. 603. ADDRESSING THE HOUSING NEEDS OF mains within the same dwelling unit assisted that an incident or incidents of actual or VICTIMS OF DOMESTIC VIOLENCE, under a covered housing program; or threatened domestic violence, dating vio- DATING VIOLENCE, SEXUAL AS- ‘‘(ii) in the case of a tenant who is a victim lence, or stalking shall not be construed as a SAULT, AND STALKING. Subtitle N of the Violence Against Women of sexual assault, the sexual assault occurred serious or repeated violation of the lease by Act of 1994 (42 U.S.C. 14043e et seq.) is amend- on the premises during the 90 day period pre- the victim or threatened victim of that vio- ed— ceding the request for transfer; and lence and shall not be good cause for termi- (1) in section 41404(i) (42 U.S.C. 14043e–3(i)), ‘‘(2) incorporates reasonable confiden- nating the tenancy or occupancy rights of by striking ‘‘$10,000,000 for each of fiscal tiality measures to ensure that the public the victim of such violence’’; and years 2007 through 2011’’ and inserting housing agency or owner or manager does (II) in subparagraph (D), by striking ‘‘; ex- ‘‘$4,000,000 for each of fiscal years 2014 not disclose the location of the dwelling unit cept that’’ and all that follows through through 2018’’; and of a tenant to a person that commits an act ‘‘stalking.’’; and (2) in section 41405(g) (42 U.S.C. 14043e–4(g)), of domestic violence, dating violence, sexual (iii) by striking paragraph (20); and by striking ‘‘$10,000,000 for each of fiscal assault, or stalking against the tenant. (E) by striking subsection (ee). years 2007 through 2011’’ and inserting ‘‘(f) POLICIES AND PROCEDURES FOR EMER- (3) RULE OF CONSTRUCTION.—Nothing in this ‘‘$4,000,000 for each of fiscal years 2014 GENCY TRANSFER.—The Secretary of Housing Act, or the amendments made by this Act, and Urban Development shall establish poli- shall be construed— through 2018’’. cies and procedures under which a victim re- (A) to limit the rights or remedies avail- TITLE VII—ECONOMIC SECURITY FOR questing an emergency transfer under sub- able to any person under section 6 or 8 of the VICTIMS OF VIOLENCE section (e) may receive, subject to the avail- United States Housing Act of 1937 (42 U.S.C. SEC. 701. NATIONAL RESOURCE CENTER ON ability of tenant protection vouchers, assist- 1437d and 1437f), as in effect on the day before WORKPLACE RESPONSES TO ASSIST ance under section 8(o) of the United States the date of enactment of this Act; VICTIMS OF DOMESTIC AND SEXUAL Housing Act of 1937 (42 U.S.C. 1437f(o)). (B) to limit any right, remedy, or proce- VIOLENCE. ‘‘(g) IMPLEMENTATION.—The appropriate dure otherwise available under any provision Section 41501(e) of the Violence Against agency with respect to each covered housing of part 5, 91, 880, 882, 883, 884, 886, 891, 903, 960, Women Act of 1994 (42 U.S.C. 14043f(e)) is amended by striking ‘‘fiscal years 2007 program shall implement this section, as 966, 982, or 983 of title 24, Code of Federal through 2011’’ and inserting ‘‘fiscal years 2014 this section applies to the covered housing Regulations, that— through 2018’’. program.’’. (i) was issued under the Violence Against (b) CONFORMING AMENDMENTS.— Women and Department of Justice Reauthor- TITLE VIII—IMMIGRATION PROVISIONS (1) SECTION 6.—Section 6 of the United ization Act of 2005 (Public Law 109–162; 119 SEC. 801. APPLICATION OF SPECIAL RULE FOR States Housing Act of 1937 (42 U.S.C. 1437d) is Stat. 2960) or an amendment made by that BATTERED SPOUSE OR CHILD. amended— Act; and Section 240A(b)(2) of the Immigration and (A) in subsection (c)— (ii) provides greater protection for victims Nationality Act (8 U.S.C. 1229b) is amended (i) by striking paragraph (3); and of domestic violence, dating violence, sexual by striking subparagraph (D) and inserting (ii) by redesignating paragraphs (4) and (5) assault, and stalking than this Act; or the following: as paragraphs (3) and (4), respectively; (C) to disqualify an owner, manager, or ‘‘(D) CREDIBLE EVIDENCE CONSIDERED.—In (B) in subsection (l)— other individual from participating in or re- adjudicating applications under this para- (i) in paragraph (5), by striking ‘‘, and that ceiving the benefits of the low income hous- graph, the Secretary of Homeland Security an incident or incidents of actual or threat- ing tax credit program under section 42 of shall consider any credible evidence relevant ened domestic violence, dating violence, or the Internal Revenue Code of 1986 because of to the application, including credible evi- stalking will not be construed as a serious or noncompliance with the provisions of this dence submitted by a national of the United repeated violation of the lease by the victim Act. States or an alien lawfully admitted for per- or threatened victim of that violence and manent residence accused of the conduct de- SEC. 602. TRANSITIONAL HOUSING ASSISTANCE will not be good cause for terminating the GRANTS FOR VICTIMS OF DOMESTIC scribed in subparagraph (A)(i). The deter- tenancy or occupancy rights of the victim of VIOLENCE, DATING VIOLENCE, SEX- mination of what evidence is credible and such violence’’; and UAL ASSAULT, AND STALKING. the weight to be given that evidence shall be (ii) in paragraph (6), by striking ‘‘; except Chapter 11 of the Violence Against Women within the sole discretion of the Secretary of that’’ and all that follows through ‘‘stalk- Act of 1994 (42 U.S.C. 13975 et seq.) is amend- Homeland Security. ing.’’; and ed— ‘‘(E) FRAUD DETECTION EFFORTS.— (C) by striking subsection (u). (1) in the chapter heading, by striking ‘‘(i) IN GENERAL.—Upon filing of an applica- (2) SECTION 8.—Section 8 of the United ‘‘CHILD VICTIMS OF DOMESTIC VIOLENCE, tion under this paragraph, the Director of States Housing Act of 1937 (42 U.S.C. 1437f) is STALKING, OR SEXUAL ASSAULT’’ and in- United States Citizenship and Immigration amended— serting ‘‘VICTIMS OF DOMESTIC VIO- Services shall— (A) in subsection (c), by striking paragraph LENCE, DATING VIOLENCE, SEXUAL AS- ‘‘(I) review such an application for com- (9); SAULT, OR STALKING’’; and pleteness and clear indicators of fraud or (B) in subsection (d)(1)— (2) in section 40299 (42 U.S.C. 13975)— misrepresentation of material fact; (i) in subparagraph (A), by striking ‘‘and (A) in the header, by striking ‘‘CHILD VIC- ‘‘(II) conduct an in-person interview of the that an applicant or participant is or has TIMS OF DOMESTIC VIOLENCE, STALKING, alien who filed the application; and

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00066 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S545 ‘‘(III) facilitate cooperation between the (A) shall confirm under penalty of perjury proof of age document issued by an appro- service center that adjudicates all applica- that— priate government entity; tions under this paragraph and the local ‘‘(i) the petitioner reported the criminal ‘‘(ii) indicate on such certificate or docu- service centers that have the resources to in- activity to a law enforcement agency within ment the date it was received by the inter- vestigate and interview the applicant to re- 120 days of its occurrence; national marriage broker; view any evidence that may pertain to the ‘‘(ii) the statute of limitations for pros- ‘‘(iii) retain the original of such certificate application. ecuting an offense based on the criminal ac- or document for 5 years after such date of re- ‘‘(ii) GUIDELINES.—The Director may issue tivity has not lapsed; ceipt; and guidelines for alternatives to the in-person ‘‘(iii) the criminal activity is actively ‘‘(iv) produce such certificate or document interview so long as the guidelines do not under investigation or a prosecution has upon request to an appropriate authority jeopardize national security and include been commenced; and charged with the enforcement of this para- measures to detect fraud and abuse. ‘‘(iv) the petitioner has provided to a law graph.’’. ‘‘(iii) EVIDENCE.—The Director may gather enforcement agency information that will (2) In paragraph (2)(B)(ii), by striking ‘‘or other evidence and interview other wit- assist in identifying the perpetrator of the stalking.’’ and inserting ‘‘stalking, or an at- nesses, including the accused United States criminal activity, or the perpetrator’s iden- tempt to commit any such crime.’’. citizen or legal permanent resident, if such tity is known. (3) In paragraph (5)(B)— individual consents to be interviewed. ‘‘(C) REQUIREMENT FOR CERTIFICATION.—No (A) by striking ‘‘In circumstances’’ and in- ‘‘(F) PRIORITY OF ONGOING IMMIGRATION AND application for a visa under section serting the following: LAW ENFORCEMENT INVESTIGATIONS OR PROS- 101(a)(15)(U) may be granted unless accom- ‘‘(i) IN GENERAL.—In circumstances’’; and ECUTIONS.— panied by the certification as described in (B) by adding at the end the following: ‘‘(i) DETERMINATION.—During the adjudica- this paragraph.’’. ‘‘(ii) FRAUDULENT FAILURES OF UNITED tion of an application under this paragraph, SEC. 803. PROTECTIONS FOR A FIANCE´ E OR STATES CLIENTS TO MAKE REQUIRED SELF-DIS- the Director shall determine whether any FIANCE´ OF A CITIZEN. CLOSURES.—A person who knowingly and Federal, State, territorial, tribal, or local (a) IN GENERAL.—Section 214 of the Immi- with intent to defraud another person out- law enforcement agency has undertaken an gration and Naturalization Act (8 U.S.C. side the United States in order to recruit, so- investigation or prosecution of the peti- 1184) is amended— licit, entice, or induce that other person into tioning alien for— (1) in subsection (d)— entering a dating or matrimonial relation- ‘‘(I) conduct relating to the battering or (A) in paragraph (1), by striking ‘‘crime.’’ ship, makes false or fraudulent representa- abuse alleged by the petitioning alien under and inserting ‘‘crime described in paragraph tions regarding the disclosures described in this paragraph; (3)(B) and information on any permanent clause (i), (ii), (iii), or (iv) of subsection ‘‘(II) a violation of any immigration law; protection or restraining order issued (d)(2)(B), including by failing to make any or against the petitioner related to any speci- such disclosures, shall be fined in accordance ‘‘(III) a violation of any other criminal fied crime described in paragraph (3)(B)(i).’’; with title 18, United States Code, imprisoned law. and for not more than 1 year, or both.’’. (B) in paragraph (3)(B)(i), by striking ‘‘(ii) USE OF INFORMATION.—If such an in- SEC. 805. GAO REPORT. vestigation or prosecution was commenced, ‘‘abuse, and stalking.’’ And inserting ‘‘abuse, the investigative officer of United States stalking, or an attempt to commit any such (a) REQUIREMENT FOR REPORT.—Not later Citizenship and Immigration Services shall— crime.’’; and than 1 year after the date of the enactment ‘‘(I) obtain as much information as possible (2) in subsection (r)— of this Act, the Comptroller General of the about the investigation or prosecution; and (A) in paragraph (1), by striking ‘‘crime.’’ United States shall submit to the Committee ‘‘(II) consider that information as part of and inserting ‘‘crime described in paragraph on the Judiciary of the Senate and the Com- the adjudication of the application. (5)(B) and information on any permanent mittee on the Judiciary of the House of Rep- resentatives a report regarding the adjudica- ‘‘(iii) PENDING INVESTIGATION.—If such an protection or restraining order issued investigation or prosecution is pending, the against the petitioner related to any speci- tion of petitions and applications under sec- adjudication of the application shall be fied crime described in subsection (5)(B)(i).’’; tion 101(a)(15)(U) of the Immigration and Na- stayed pending the conclusion of the inves- and tionality Act (8 U.S.C. 1101(a)(15)(U)) and the tigation or prosecution. If no investigation (B) in paragraph (5)(B)(i), by striking self-petitioning process for VAWA self-peti- has been undertaken or if a prosecutor’s of- ‘‘abuse, and stalking.’’ and inserting ‘‘abuse, tioners (as that term is defined in section fice has not commenced a prosecution after stalking, or an attempt to commit any such 101(a)(51) of the Immigration and Nationality the matter was referred to it, that fact shall crime.’’. Act (8 U.S.C. 1101(a)(51)). be considered by the investigative officer as (b) PROVISION OF INFORMATION TO K NON-IM- (b) CONTENTS.—The report required by sub- part of the adjudication of the application. MIGRANTS.—Section 883 of the International section (a) shall— ‘‘(iv) EFFECT OF DETERMINATION TO REMOVE Marriage Broker Regulation Act of 2005 (8 (1) assess the efficiency and reliability of OR INDICT.—If such an investigation deter- U.S.C. 1375a) is amended in subsection the process for reviewing such petitions and mines that the alien is removable, or if the (b)(1)(A), by striking ‘‘or’’ after ‘‘orders’’ and applications, including whether the process alien is indicted, the application under this inserting ‘‘and’’. includes adequate safeguards against fraud paragraph shall be denied. SEC. 804. REGULATION OF INTERNATIONAL MAR- and abuse; and RIAGE BROKERS. ‘‘(v) EFFECT OF NOT GUILTY DETERMINA- (2) identify possible improvements to the (a) IMPLEMENTATION OF THE INTERNATIONAL TION.—If an investigation has been under- adjudications of petitions and applications MARRIAGE BROKER ACT OF 2005.—Not later taken and a determination was made that a in order to reduce fraud and abuse. than 90 days after the date of the enactment prosecution was not warranted or if a crimi- of this Act, the Attorney General shall sub- SEC. 806. DISCLOSURE OF INFORMATION FOR NA- nal proceeding finds the United States cit- TIONAL SECURITY PURPOSES. mit to Congress a report that includes the izen or legal permanent resident not guilty name of the component of the Department of (a) INFORMATION SHARING.—Section 384(b) of the charges, such determination shall be Justice responsible for prosecuting viola- of the Illegal Immigration Reform and Immi- binding and the application under this para- tions of the International Marriage Broker grant Responsibility Act of 1996 (8 U.S.C. graph shall be denied. Act of 2005 (subtitle D of Public Law 109-162; 1367(b)) is amended— ‘‘(G) EFFECT OF MATERIAL MISREPRESENTA- 119 Stat. 3066) and the amendments made by (1) in paragraph (1)— TION.—If an alien makes a material misrepre- this title. (A) by inserting ‘‘Secretary of Homeland sentation during the application process (b) REGULATION OF INTERNATIONAL MAR- Security or the’’ before ‘‘Attorney General under this paragraph, the Secretary of RIAGE BROKERS.—Section 833(d) of the Inter- may’’; and Homeland Security shall— national Marriage Broker Regulation Act of (B) by inserting ‘‘Secretary’s or the’’ be- ‘‘(i) deny the application and remove the 2005 (8 U.S.C. 1375a(d)) is amended as follows: fore ‘‘Attorney General’s discretion’’; alien on an expedited basis; and (1) By amending paragraph (1) to read as (2) in paragraph (2)— ‘‘(ii) make the alien ineligible for any tax- follows: (A) by inserting ‘‘Secretary of Homeland payer funded benefits or immigration bene- ‘‘(1) PROHIBITION ON MARKETING OF OR TO Security or the’’ before ‘‘Attorney General fits.’’. CHILDREN.— may’’; SEC. 802. CLARIFICATION OF THE REQUIRE- ‘‘(A) IN GENERAL.—An international mar- (B) by inserting ‘‘Secretary or the’’ before MENTS APPLICABLE TO U VISAS. riage broker shall not provide any individual ‘‘Attorney General for’’; and Section 214(p)(1) of the Immigration and or entity with personal contact information, (C) by inserting ‘‘in a manner that protects Nationality Act (8 U.S.C. 1184(p)(1)) is photograph, or general information about the confidentiality of such information’’ amended as follows: the background or interests of any indi- after ‘‘law enforcement purpose’’; (1) By striking ‘‘The petition’’ and insert- vidual under the age of 18. (3) in paragraph (5), by striking ‘‘Attorney ing the following: ‘‘(B) COMPLIANCE.—To comply with the re- General is’’ and inserting ‘‘Secretary of ‘‘(A) IN GENERAL.—The petition’’. quirements of subparagraph (A), an inter- Homeland Security and the Attorney Gen- (2) By adding at the end the following: national marriage broker shall— eral are’’; and ‘‘(B) CERTIFICATION REQUIREMENTS.—Each ‘‘(i) obtain a valid copy of each foreign na- (4) by adding at the end a new paragraph as certification submitted under subparagraph tional client’s birth certificate or other follows:

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00067 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S546 CONGRESSIONAL RECORD — SENATE February 7, 2013 ‘‘(8) Notwithstanding subsection (a)(2), the (2) in paragraph (2)(B), by striking ‘‘indi- (D) by adding at the end the following: Secretary of Homeland Security, the Sec- viduals or’’. ‘‘(3) the terms ‘dating partner’ and ‘spouse retary of State, or the Attorney General SEC. 903. CONSULTATION. or intimate partner’ have the meanings may provide in the discretion of either such Section 903 of the Violence Against Women given those terms in section 2266; Secretary or the Attorney General for the and Department of Justice Reauthorization ‘‘(4) the term ‘strangling’ means knowingly disclosure of information to national secu- Act of 2005 (42 U.S.C. 14045d) is amended— or recklessly impeding the normal breathing rity officials to be used solely for a national (1) in subsection (a)— or circulation of the blood of a person by ap- security purpose in a manner that protects (A) by striking ‘‘and the Violence Against plying pressure to the throat or neck, re- the confidentiality of such information.’’. Women Act of 2000’’ and inserting ‘‘, the Vio- gardless of whether that conduct results in (b) GUIDELINES.—Section 384(d) of the Ille- lence Against Women Act of 2000’’; and any visible injury or whether there is any in- gal Immigration Reform and Immigrant Re- (B) by inserting ‘‘, and the Violence tent to kill or protractedly injure the vic- sponsibility Act of 1996 (8 U.S.C. 1367(d)) is Against Women Reauthorization Act of 2013’’ tim; and amended by inserting ‘‘and severe forms of before the period at the end; ‘‘(5) the term ‘suffocating’ means know- trafficking in persons or criminal activity (2) in subsection (b)— ingly or recklessly impeding the normal listed in section 101(a)(15)(U) of the Immigra- (A) in the matter preceding paragraph (1), breathing of a person by covering the mouth tion and Nationality Act (8 U.S.C. by striking ‘‘Secretary of the Department of of the person, the nose of the person, or both, 1101(a)(15)(u))’’ after ‘‘domestic violence’’. Health and Human Services’’ and inserting regardless of whether that conduct results in (c) IMPLEMENTATION.—Not later than 180 ‘‘Secretary of Health and Human Services, any visible injury or whether there is any in- days after the date of enactment of this Act, the Secretary of the Interior,’’; and tent to kill or protractedly injure the vic- the Attorney General and Secretary of (B) in paragraph (2), by striking ‘‘and tim.’’. Homeland Security shall provide the guid- stalking’’ and inserting ‘‘stalking, and sex (b) INDIAN MAJOR CRIMES.—Section 1153(a) ance required by section 384(d) of the Illegal trafficking’’; and of title 18, United States Code, is amended by Immigration Reform and Immigrant Respon- (3) by adding at the end the following: striking ‘‘assault with intent to commit sibility Act of 1996 (8 U.S.C. 1367(d)), con- ‘‘(c) ANNUAL REPORT.—The Attorney Gen- murder, assault with a dangerous weapon, sistent with the amendments made by sub- eral shall submit to Congress an annual re- assault resulting in serious bodily injury (as sections (a) and (b). port on the annual consultations required defined in section 1365 of this title)’’ and in- (d) CLERICAL AMENDMENT.—Section under subsection (a) that— serting ‘‘a felony assault under section 113’’. 384(a)(1) of the Illegal Immigration Reform ‘‘(1) contains the recommendations made (c) REPEAT OFFENDERS.—Section and Immigrant Responsibility Act of 1986 is under subsection (b) by Indian tribes during 2265A(b)(1)(B) of title 18, United States Code, amended by striking ‘‘241(a)(2)’’ in the mat- the year covered by the report; is amended by inserting ‘‘or tribal’’ after ter following subparagraph (F) and inserting ‘‘(2) describes actions taken during the ‘‘State’’. ‘‘237(a)(2)’’. year covered by the report to respond to rec- SEC. 905. ANALYSIS AND RESEARCH ON VIO- ommendations made under subsection (b) TITLE IX—SAFETY FOR INDIAN WOMEN LENCE AGAINST INDIAN WOMEN. during the year or a previous year; and (a) IN GENERAL.—Section 904(a) of the Vio- SEC. 901. GRANTS TO INDIAN TRIBAL GOVERN- ‘‘(3) describes how the Attorney General MENTS. lence Against Women and Department of will work in coordination and collaboration Section 2015(a) of title I of the Omnibus Justice Reauthorization Act of 2005 (42 with Indian tribes, the Secretary of Health Crime Control and Safe Streets Act of 1968 U.S.C. 3796gg–10 note) is amended— and Human Services, and the Secretary of (42 U.S.C. 3796gg–10(a)) is amended— (1) in paragraph (1)— the Interior to address the recommendations (1) in paragraph (2), by inserting ‘‘sex traf- (A) by striking ‘‘The National’’ and insert- made under subsection (b). ing ‘‘Not later than 2 years after the date of ficking,’’ after ‘‘sexual assault,’’; ‘‘(d) NOTICE.—Not later than 120 days be- (2) in paragraph (4), by inserting ‘‘sex traf- enactment of the Violence Against Women fore the date of a consultation under sub- Reauthorization Act of 2013, the National’’; ficking,’’ after ‘‘sexual assault,’’; section (a), the Attorney General shall no- and (3) in paragraph (5), by striking ‘‘and stalk- tify tribal leaders of the date, time, and loca- (B) by inserting ‘‘and in Native villages’’ ing’’ and all that follows and inserting ‘‘sex- tion of the consultation.’’. ual assault, sex trafficking, and stalking;’’; (as defined in section 3 of the Alaska Native SEC. 904. AMENDMENTS TO THE FEDERAL AS- Claims Settlement Act (43 U.S.C. 1602))’’ be- (4) in paragraph (7)— SAULT STATUTE. fore the period at the end; (A) by inserting ‘‘sex trafficking,’’ after (a) IN GENERAL.—Section 113 of title 18, ‘‘sexual assault,’’ each place it appears; and United States Code, is amended— (2) in paragraph (2)(A)— (B) by striking ‘‘and’’ at the end; (1) in subsection (a)— (A) in clause (iv), by striking ‘‘and’’ at the (5) in paragraph (8)— (A) by striking paragraph (1) and inserting end; (A) by inserting ‘‘sex trafficking,’’ after the following: (B) in clause (v), by striking the period at ‘‘stalking,’’; and ‘‘(1) Assault with intent to commit murder the end and inserting ‘‘; and’’; and (B) by striking the period at the end and or a violation of section 2241 or 2242, by a fine (C) by adding at the end the following: inserting a semicolon; and under this title, imprisonment for not more ‘‘(vi) sex trafficking.’’; (6) by adding at the end the following: than 20 years, or both.’’; (3) in paragraph (4), by striking ‘‘this Act’’ ‘‘(9) provide services to address the needs (B) in paragraph (2), by striking ‘‘felony and inserting ‘‘the Violence Against Women of youth who are victims of domestic vio- under chapter 109A’’ and inserting ‘‘violation Reauthorization Act of 2013’’; and lence, dating violence, sexual assault, sex of section 2241 or 2242’’; (4) in paragraph (5), by striking ‘‘this sec- trafficking, or stalking and the needs of chil- (C) in paragraph (3) by striking ‘‘and with- tion $1,000,000 for each of fiscal years 2007 and dren exposed to domestic violence, dating vi- out just cause or excuse,’’; 2008’’ and inserting ‘‘this subsection $500,000 olence, sexual assault, or stalking, including (D) in paragraph (4), by striking ‘‘six for each of fiscal years 2014 and 2015’’. (b) AUTHORIZATION OF APPROPRIATIONS.— support for the nonabusing parent or the months’’ and inserting ‘‘1 year’’; Section 905(b)(2) of the Violence Against caretaker of the child; and (E) in paragraph (5), by striking ‘‘1 year,’’ Women and Department of Justice Reauthor- ‘‘(10) develop and promote legislation and and inserting ‘‘5 years,’’; ization Act of 2005 (28 U.S.C. 534 note) is policies that enhance best practices for re- (F) in paragraph (7)— amended by striking ‘‘fiscal years 2007 sponding to violent crimes against Indian (i) by striking ‘‘substantial bodily injury through 2011’’ and inserting ‘‘fiscal years 2014 women, including the crimes of domestic vi- to an individual who has not attained the through 2018’’. olence, dating violence, sexual assault, sex age of 16 years’’ and inserting ‘‘substantial trafficking, and stalking.’’. bodily injury to a spouse or intimate part- SEC. 906. EFFECTIVE DATE. SEC. 902. GRANTS TO INDIAN TRIBAL COALI- ner, a dating partner, or an individual who The amendments made by this title shall TIONS. has not attained the age of 16 years’’; and take effect on the date of enactment of this Section 2001(d) of title I of the Omnibus (ii) by striking ‘‘fine’’ and inserting ‘‘a Act. Crime Control and Safe Streets Act of 1968 fine’’; and SEC. 907. TRIBAL PROTECTION ORDERS. (42 U.S.C. 3796gg(d)) is amended— (G) by adding at the end the following: Section 2265(e) of title 18, United States (1) in paragraph (1)— ‘‘(8) Assault of a spouse, intimate partner, Code, is amended— (A) in subparagraph (B), by striking ‘‘and’’ or dating partner by strangling, suffocating, (1) in the subsection heading, by striking at the end; or attempting to strangle or suffocate, by a ‘‘COURT JURISDICTION’’ and inserting ‘‘PRO- (B) in subparagraph (C), by striking the pe- fine under this title, imprisonment for not TECTION ORDERS’’; riod at the end and inserting ‘‘; and’’; and more than 10 years, or both.’’; and (2) by striking ‘‘For purposes of this sec- (C) by adding at the end the following: (2) in subsection (b)— tion’’ and inserting the following: ‘‘(D) developing and promoting State, (A) by striking ‘‘(b) As used in this sub- ‘‘(1) TRIBAL COURT JURISDICTION.—For pur- local, or tribal legislation and policies that section—’’ and inserting the following: poses of this section and subject to para- enhance best practices for responding to vio- ‘‘(b) DEFINITIONS.—In this section—’’; graph (2)’’; and lent crimes against Indian women, including (B) in paragraph (1)(B), by striking ‘‘and’’ (3) by adding at the end the following: the crimes of domestic violence, dating vio- at the end; ‘‘(2) UNITED STATES COURT JURISDICTION.— lence, sexual assault, stalking, and sex traf- (C) in paragraph (2), by striking the period ‘‘(A) IN GENERAL.—An Indian tribe may pe- ficking.’’; and at the end and inserting a semicolon; and tition a district court of the United States in

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whose district the tribe is located for an ap- TITLE X—VIOLENT CRIME AGAINST ‘‘(4) CONSIDERATIONS.—In adopting stand- propriately tailored protection order exclud- WOMEN ards under paragraph (1), the Secretary of ing any person from areas within the Indian SEC. 1001. SEXUAL ABUSE IN CUSTODIAL SET- Health and Human Services shall give due country of the tribe. TINGS. consideration to the recommended national ‘‘(B) REQUIRED SHOWING.—The court shall (a) SUITS BY PRISONERS.—Section 7(e) of standards provided by the Commission under issue a protection order prohibiting the per- the Civil Rights of Institutionalized Persons section 7(e).’’. son identified in a petition under subpara- Act (42 U.S.C. 1997e(e)) is amended by insert- SEC. 1002. REPORT ON COMPLIANCE WITH THE graph (A) from entering all or part of the In- ing before the period at the end the fol- DNA FINGERPRINT ACT OF 2005. dian country of the tribe upon a showing lowing: ‘‘or the commission of a sexual act (a) REPORT REQUIRED.—Not later than 180 that— (as defined in section 2246 of title 18, United days after date of the enactment of this Act, the Secretary of Homeland Security shall ‘‘(i) the person identified in the petition States Code)’’. prepare and submit to the Committee on the has assaulted an Indian spouse or intimate (b) UNITED STATES AS DEFENDANT.—Section Judiciary of the Senate and the Committee partner who resides or works in such Indian 1346(b)(2) of title 28, United States Code, is on the Judiciary of the House of Representa- country, or an Indian child who resides with amended by inserting before the period at tives a report that— or is in the care or custody of such spouse or the end the following: ‘‘or the commission of intimate partner; and (1) describes, in detail, the measures and a sexual act (as defined in section 2246 of procedures taken by the Secretary to comply ‘‘(ii) a protection order is reasonably nec- title 18)’’. essary to protect the safety and well-being of with any regulation promulgated pursuant (c) ADOPTION AND EFFECT OF NATIONAL to section 3(e)(1) of the DNA Analysis Back- the spouse, intimate partner, or child de- STANDARDS.—Section 8 of the Prison Rape scribed in clause (i). log Elimination Act of 2000 (42 U.S.C. Elimination Act of 2003 (42 U.S.C. 15607) is 14135a(e)(1)); and ‘‘(C) FACTORS TO CONSIDER.—In determining amended— the areas from which the person identified in (2) provides a detailed explanation of the (1) by redesignating subsection (c) as sub- circumstances and specific cases, if avail- a protection order issued under subparagraph section (e); and (B) shall be excluded, the court shall con- able, in which— (2) by inserting after subsection (b) the fol- (A) the Secretary failed to comply with sider all appropriate factors, including the lowing: places of residence, work, or school of— any regulation promulgated pursuant to ‘‘(c) APPLICABILITY TO DETENTION FACILI- such section 3(e)(1); ‘‘(i) the person identified in the protection TIES OPERATED BY THE DEPARTMENT OF HOME- (B) the Secretary requested the Attorney order; and LAND SECURITY.— General approve additional limitations to, or ‘‘(ii) the spouse, intimate partner, or child ‘‘(1) IN GENERAL.—Not later than 180 days exceptions from, any regulation promulgated described in subparagraph (B)(i). after the date of enactment of the Violence pursuant to such section 3(e)(1); or ‘‘(D) PENALTY FOR WILLFUL VIOLATION.—A Against Women Reauthorization Act of 2013, (C) the Secretary consulted with the Attor- person who willfully violates a protection the Secretary of Homeland Security shall ney General to determine that the collection order issued under subparagraph (B) shall be publish a final rule adopting national stand- of DNA samples is not feasible because of punished as provided in section 2261(b).’’. ards for the detection, prevention, reduction, operational exigencies or resource limita- SEC. 908. ALASKA RURAL JUSTICE AND LAW EN- and punishment of rape and sexual assault in tions. FORCEMENT COMMISSION. facilities that maintain custody of aliens de- SEC. 1003. REPORT ON CAPACITY UTILIZATION. tained for a violation of the immigrations The Attorney General, in consultation (a) REPORT REQUIRED.—Not later than 2 laws of the United States. years after the date of the enactment of this with the Attorney General of the State of ‘‘(2) APPLICABILITY.—The standards adopt- Act, the Comptroller General of the United Alaska, the Commissioner of Public Safety ed under paragraph (1) shall apply to deten- States shall prepare a study on the avail- of the State of Alaska, the Alaska Federa- tion facilities operated by the Department of ability of services for victims of domestic vi- tion of Natives, and Federally recognized In- Homeland Security and to detention facili- olence, dating violence, sexual assault, and dian tribes in the State of Alaska, shall re- ties operated under contract with the De- stalking. port to Congress not later than 1 year after partment. (b) CONTENT.—The report required by sub- the date of enactment of this Act with re- ‘‘(3) COMPLIANCE.—The Secretary of Home- section (a) shall address the following: spect to whether the Alaska Rural Justice land Security shall— (1) The services or categories of services and Law Enforcement Commission estab- ‘‘(A) assess compliance with the standards that are currently being offered or provided lished under Section 112(a)(1) of the Consoli- adopted under paragraph (1) on a regular to victims of domestic violence, dating vio- dated Appropriations Act, 2004 should be con- basis; and lence, sexual assault, and stalking. tinued and appropriations authorized for the ‘‘(B) include the results of the assessments (2) The approximate number of victims re- in performance evaluations of facilities com- ceiving these services. continued work of the commission. The re- pleted by the Department of Homeland Secu- (3) The approximate number of victims, port may contain recommendations for legis- rity. and the percentage of the total population of lation with respect to the scope of work and ‘‘(4) CONSIDERATIONS.—In adopting stand- victims, who request services but are not composition of the commission. ards under paragraph (1), the Secretary of provided services. SEC. 909. FUNDING FOR FEDERAL PROSECUTORS Homeland Security shall give due consider- (4) The reasons why victims are not pro- AND MAGISTRATE JUDGES TO PROS- ation to the recommended national stand- vided services, including— ECUTE AND ADJUDICATE DOMESTIC ards provided by the Commission under sec- (A) shelter or service organization lack of VIOLENCE CASES IN INDIAN COUN- tion 7(e). resources; TRY. ‘‘(d) APPLICABILITY TO CUSTODIAL FACILI- (B) shelter or organization limitations not (a) IN GENERAL.—There is authorized to be TIES OPERATED BY THE DEPARTMENT OF associated with funding; appropriated for each of fiscal years 2014 HEALTH AND HUMAN SERVICES.— (C) geographical, logistical, or physical through 2018— ‘‘(1) IN GENERAL.—Not later than 180 days barriers; (1) $18,750,000 to the Attorney General for after the date of enactment of the Violence (D) characteristics of the perpetrator; and salaries and expenses of assistant United Against Women Reauthorization Act of 2013, (E) characteristics or background of the States attorneys who are located in Indian the Secretary of Health and Human Services victim. country and prosecute only cases of sexual shall publish a final rule adopting national (5) For any refusal to provide services to a assault, dating violence, domestic violence, standards for the detection, prevention, re- victim, the reasons for the denial of services, or stalking in Indian country; and duction, and punishment of rape and sexual including victim characteristics or back- (2) $6,250,000 to the district courts of the assault in facilities that maintain custody of ground, including— United States for salaries and expenses of unaccompanied alien children (as defined in (A) employment history; United States magistrate judges who are lo- section 462(g) of the Homeland Security Act (B) criminal history; cated in Indian country and hear only— of 2002 (6 U.S.C. 279(g))). (C) illegal or prescription drug use; (A) cases of sexual assault, dating violence, ‘‘(2) APPLICABILITY.—The standards adopt- (D) financial situation; domestic violence, or stalking in Indian ed under paragraph (1) shall apply to facili- (E) status of the victim as a parent; country; or ties operated by the Department of Health (F) personal hygiene; (B) petitions for protection orders under and Human Services and to facilities oper- (G) current or past disease or illness; paragraph (2) of section 2265(e) of title 18, ated under contract with the Department. (H) religious association or belief; United States Code, as added by this Act. ‘‘(3) COMPLIANCE.—The Secretary of Health (I) physical characteristics of the victim or and Human Services shall— the provider facility (b) OFFSET OF AUTHORIZATIONS.—The ‘‘(A) assess compliance with the standards (J) gender; amounts authorized to be appropriated for adopted under paragraph (1) on a regular (K) race; each of fiscal years 2014 through 2018 for any basis; and (L) national origin or status as alien; grant administered by the Department of ‘‘(B) include the results of the assessments (M) failure to follow shelter or organiza- Justice, including amounts authorized to be in performance evaluations of facilities com- tion rules or procedures; appropriated by this Act or the amendments pleted by the Department of Health and (N) previous contact or experiences with made by this Act, is reduced by 1 percent. Human Services. the shelter or service organization; or

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(a) AUDIT.—The Comptroller General of the section; and (6) The frequency or prevalence of denial of United States shall conduct an objective and ‘‘(B) includes in such plan a good-faith es- services from organizations who receive Fed- credible audit of the expenditure of funds by timate of the number of such samples. the Office for Victims of Crime (in this sec- eral funds. ‘‘(2) GRANT CONDITIONS.—A State or unit of tion referred to as the ‘‘Office’’) from the (7) The frequency or prevalence of denial of local government receiving a grant for the Crime Victims Fund established under sec- service from organizations who do not re- purpose described in subsection (a)(7)— ceive Federal funds. tion 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601) (in this section referred to as ‘‘(A) may not enter into any contract or SEC. 1004. MANDATORY MINIMUM SENTENCE FOR the ‘‘Fund’’). agreement with any non-governmental ven- AGGRAVATED SEXUAL ABUSE. (b) REPORT.—Not later than 9 months after dor laboratory to conduct an audit described Section 2241 of title 18, United States Code, the date of enactment of this Act, the Comp- in subsection (a)(7); and is amended— troller General shall submit to the Com- ‘‘(B) shall— (1) in subsection (a), in the undesignated mittee on the Judiciary of the Senate and ‘‘(i) not later than 1 year after receiving matter following paragraph (2), by striking the Committee on the Judiciary of the House the grant, complete the audit referred to in ‘‘any term of years or life’’ and inserting of Representatives a report regarding the paragraph (1)(A) in accordance with the plan ‘‘not less than 10 years or imprisoned for audit conducted under subsection (a) that— submitted under such paragraph; life’’; and (1) addresses whether the Office provides ‘‘(ii) not later than 60 days after receiving (2) in subsection (b), in the undesignated amounts from the Fund to individuals or en- possession of a sample of sexual assault evi- matter following paragraph (2), by striking tities that support individuals who are not dence that was not in the possession of the ‘‘any term of years or life’’ and inserting victims of crime; State or unit of local government at the ‘‘not less than 5 years or imprisoned for (2) addresses whether the Office is author- time of the initiation of an audit under para- life’’. ized to provide amounts from the Fund to in- graph (1)(A), subject to paragraph (4)(F), in- SEC. 1005. REMOVAL OF DRUNK DRIVERS. dividuals or entities described in paragraph clude in any required reports under clause (1); (a) IN GENERAL.—Section 101(a)(43)(F) of (v), the information listed under paragraph (3) addresses whether the Office provides the Immigration and Nationality Act (8 (4)(B); amounts from the Fund for legal services for U.S.C. 1101(a)(43)(F)) is amended by striking ‘‘(iii) for each sample of sexual assault evi- victims of crime; and ‘‘for which the term of imprisonment’’ and dence that is identified as awaiting testing (4) if the Office no longer provides amounts inserting ‘‘, including a third drunk driving as part of the audit referred to in paragraph from the Fund for the services described in conviction, regardless of the States in which (1)(A)— paragraph (3), contains an explanation for the convictions occurred or whether the of- ‘‘(I) assign a unique numeric or alpha- why the Office no longer provides amounts fenses are classified as misdemeanors or felo- numeric identifier to each sample of sexual for such services. nies under State or Federal law, for which assault evidence that is in the possession of the term of imprisonment is’’. TITLE XI—THE SAFER ACT the State or unit of local government and is (b) EFFECTIVE DATE AND APPLICATION.— SEC. 1101. SHORT TITLE. awaiting testing; and (1) EFFECTIVE DATE.—The amendment This title may be cited as the ‘‘Sexual As- ‘‘(II) identify the date or dates after which made by subsection (a) shall take effect on sault Forensic Evidence Reporting Act of the State or unit of local government would the date of the enactment of this Act. 2013’’ or the ‘‘SAFER Act of 2013’’. be barred by any applicable statutes of limi- (2) APPLICATION.— SEC. 1102. DEBBIE SMITH GRANTS FOR AUDITING tations from prosecuting a perpetrator of the SEXUAL ASSAULT EVIDENCE BACK- (A) IN GENERAL.—Except as provided in sexual assault to which the sample relates; LOGS. subparagraph (B), the amendment made by ‘‘(iv) provide that— Section 2 of the DNA Analysis Backlog ‘‘(I) the chief law enforcement officer of subsection (a) shall apply to a conviction for Elimination Act of 2000 (42 U.S.C. 14135) is drunk driving that occurred before, on, or the State or unit of local government, re- amended— spectively, is the individual responsible for after such date. (1) in subsection (a), by adding at the end (B) TWO OR MORE PRIOR CONVICTIONS.—An the compliance of the State or unit of local the following new paragraphs: government, respectively, with the reporting alien who has received two or more convic- ‘‘(7) To conduct an audit consistent with tions for drunk driving prior to the date of requirements described in clause (v); or subsection (n) of the samples of sexual as- ‘‘(II) the designee of such officer may ful- the enactment of this Act may not be sub- sault evidence that are in the possession of ject to removal for the commission of an ag- fill the responsibility described in subclause the State or unit of local government and (I) so long as such designee is an employee of gravated felony pursuant to section are awaiting testing. the State or unit of local government, re- 101(a)(43)(F) of the Immigration and Nation- ‘‘(8) To ensure that the collection and proc- spectively, and is not an employee of any ality Act (8 U.S.C. 1101(a)(43)(F)), as amended essing of DNA evidence by law enforcement governmental laboratory or non-govern- by subsection (a), on the basis of such con- agencies from crimes, including sexual as- mental vendor laboratory; and victions until the date that the alien is con- sault and other violent crimes against per- ‘‘(v) comply with all grantee reporting re- victed of a drunk driving offense after such sons, is carried out in an appropriate and quirements described in paragraph (4). date of enactment. timely manner and in accordance with the ‘‘(3) EXTENSION OF INITIAL DEADLINE.—The SEC. 1006. ENHANCED PENALTIES FOR INTER- protocols and practices developed under sub- Attorney General may grant an extension of STATE DOMESTIC VIOLENCE RE- section (o)(1).’’; the deadline under paragraph (2)(B)(i) to a SULTING IN DEATH, LIFE-THREAT- (2) in subsection (c), by adding at the end ENING BODILY INJURY, PERMANENT State or unit of local government that dem- the following new paragraph: DISFIGUREMENT, AND SERIOUS onstrates that more time is required for ‘‘(4) ALLOCATION OF GRANT AWARDS FOR AU- BODILY INJURY. compliance with such paragraph. DITS.— Section 2261(b) of title 18, United States ‘‘(4) SEXUAL ASSAULT FORENSIC EVIDENCE Code, is amended— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), for each of fiscal years 2014 through 2017, REPORTS.— (1) in paragraph (1), by inserting ‘‘not less ‘‘(A) IN GENERAL.—For not less than 12 than 15 years’’ after ‘‘any term of years’’; not less than 5 percent, but not more than 7 percent, of the grant amounts distributed months after the completion of an initial (2) in paragraph (2), by striking ‘‘20 years’’ count of sexual assault evidence that is and inserting ‘‘25 years’’; and under paragraph (1) shall, if sufficient appli- cations to justify such amounts are received awaiting testing during an audit referred to (3) in paragraph (3), by striking ‘‘10 years’’ in paragraph (1)(A), a State or unit of local and inserting ‘‘15 years’’. by the Attorney General, be awarded for pur- poses described in subsection (a)(7). government that receives a grant award SEC. 1007. MINIMUM PENALTIES FOR THE POS- ‘‘(B) NO EFFECT ON MINIMUM AMOUNTS FOR under subsection (a)(7) shall, not less than SESSION OF CHILD PORNOGRAPHY. CERTAIN DNA ANALYSES.—None of the funds every 60 days, submit a report to the Depart- (a) CERTAIN ACTIVITIES RELATING TO MATE- required to be distributed under this para- ment of Justice, on a form prescribed by the RIAL INVOLVING THE SEXUAL EXPLOITATION OF graph shall decrease or otherwise limit the Attorney General, which shall contain the MINORS.—Section 2252(b)(2) of title 18, United availability of funds required to be awarded information required under subparagraph States Code, is amended by striking ‘‘impris- to States or units of local government under (B). oned for not more than 20 years’’ and insert- paragraph (3).’’; and ‘‘(B) CONTENTS OF REPORTS.—A report ing ‘‘imprisoned for not less than 1 year and (3) by adding at the end the following new under this paragraph shall contain the fol- not more than 20 years’’. subsections: lowing information: (b) CERTAIN ACTIVITIES RELATING TO MATE- ‘‘(n) USE OF FUNDS FOR AUDITING SEXUAL ‘‘(i) The name of the State or unit of local RIAL CONSTITUTING OR CONTAINING CHILD POR- ASSAULT EVIDENCE BACKLOGS.— government filing the report. NOGRAPHY.—Section 2252A(b)(2) of title 18, ‘‘(1) ELIGIBILITY.—The Attorney General ‘‘(ii) The period of dates covered by the re- United States Code, is amended by striking may award a grant under this section to a port. ‘‘imprisoned for not more than 20 years’’ and State or unit of local government for the ‘‘(iii) The cumulative total number of sam- inserting ‘‘imprisoned for not less than 1 purpose described in subsection (a)(7) only if ples of sexual assault evidence that, at the year and not more than 20 years’’. the State or unit of local government— end of the reporting period—

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‘‘(I) are in the possession of the State or ‘‘(i) the sample has been collected and is in ‘‘(3) DEFINITIONS.—In this subsection, the unit of local government at the reporting pe- the possession of a State or unit of local gov- terms ‘awaiting testing’ and ‘possession’ riod; ernment; have the meanings given those terms in sub- ‘‘(II) are awaiting testing; and ‘‘(ii) DNA and other appropriate forensic section (n).’’. ‘‘(III) the State or unit of local government analyses have not been performed on such SEC. 1103. REPORTS TO CONGRESS. has determined should undergo DNA or other sample; and Not later than 90 days after the end of each appropriate forensic analyses. ‘‘(iii) the sample is related to a criminal fiscal year for which a grant is made for the ‘‘(iv) The cumulative total number of sam- case or investigation in which final disposi- purpose described in section 2(a)(7) of the ples of sexual assault evidence in the posses- tion has not yet been reached. DNA Analysis Backlog Elimination Act of sion of the State or unit of local government ‘‘(B) FINAL DISPOSITION.—The term ‘final 2000, as amended by section 1102, the Attor- that, at the end of the reporting period, the disposition’ means, with respect to a crimi- ney General shall submit to Congress a re- State or unit of local government has deter- nal case or investigation to which a sample port that— mined should not undergo DNA or other ap- of sexual assault evidence relates— (1) lists the States and units of local gov- propriate forensic analyses, provided that ‘‘(i) the conviction or acquittal of all sus- ernment that have been awarded such grants the reporting form shall allow for the State pected perpetrators of the crime involved; and the amount of the grant received by or unit of local government, at its sole dis- ‘‘(ii) a determination by the State or unit each such State or unit of local government; cretion, to explain the reasoning for this de- of local government in possession of the sam- (2) states the number of extensions granted termination in some or all cases. ple that the case is unfounded; or by the Attorney General under section ‘‘(v) The cumulative total number of sam- ‘‘(iii) a declaration by the victim of the 2(n)(3) of the DNA Analysis Backlog Elimi- ples of sexual assault evidence in a total crime involved that the act constituting the nation Act of 2000, as added by section 1102; under clause (iii) that have been submitted basis of the crime was not committed. and to a laboratory for DNA or other appropriate ‘‘(C) POSSESSION.— (3) summarizes the processing status of the forensic analyses. ‘‘(i) IN GENERAL.—The term ‘possession’, samples of sexual assault evidence identified ‘‘(vi) The cumulative total number of sam- used with respect to possession of a sample in Sexual Assault Forensic Evidence Reports ples of sexual assault evidence identified by of sexual assault evidence by a State or unit established under section 2(o)(4) of the DNA an audit referred to in paragraph (1)(A) or of local government, includes possession by Analysis Backlog Act of 2000, including the under paragraph (2)(B)(ii) for which DNA or an individual who is acting as an agent of number of samples that have not been test- other appropriate forensic analysis has been the State or unit of local government for the ed. completed at the end of the reporting period. collection of the sample. SEC. 1104. REDUCING THE RAPE KIT BACKLOG. ‘‘(vii) The total number of samples of sex- ‘‘(ii) RULE OF CONSTRUCTION.—Nothing in Section 2(c)(3) of the DNA Analysis Back- ual assault evidence identified by the State clause (i) shall be construed to create or log Elimination Act of 2000 (42 U.S.C. or unit of local government under paragraph amend any Federal rights or privileges for 14135(c)(3)) is amended— (2)(B)(ii), since the previous reporting period. non-governmental vendor laboratories de- (a) in subparagraph (B), by striking ‘‘2014’’ ‘‘(viii) The cumulative total number of scribed in regulations promulgated under and inserting ‘‘2018’’; and samples of sexual assault evidence described section 210303 of the DNA Identification Act (b) by adding at the end the following: under clause (iii) for which the State or unit of 1994 (42 U.S.C. 14131). ‘‘(3) For each of fiscal years 2014 through of local government will be barred within 12 ‘‘(o) ESTABLISHMENT OF PROTOCOLS, TECH- 2018, not less than 75 percent of the total months by any applicable statute of limita- NICAL ASSISTANCE, AND DEFINITIONS.— grant amounts shall be awarded for a com- tions from prosecuting a perpetrator of the ‘‘(1) PROTOCOLS AND PRACTICES.—Not later bination of purposes under paragraphs (1), sexual assault to which the sample relates. than 18 months after the date of enactment (2), and (3) of subsection (a).’’. ‘‘(C) PUBLICATION OF REPORTS.—Not later of the SAFER Act of 2013, the Director, in SEC. 1105. OVERSIGHT AND ACCOUNTABILITY. than 7 days after the submission of a report consultation with Federal, State, and local All grants awarded by the Department of under this paragraph by a State or unit of law enforcement agencies and government Justice that are authorized under this title local government, the Attorney General laboratories, shall develop and publish a de- shall be subject to the following: shall, subject to subparagraph (D), publish scription of protocols and practices the Di- (1) AUDIT REQUIREMENT.—Beginning in fis- and disseminate a facsimile of the full con- rector considers appropriate for the accu- cal year 2013, and each fiscal year thereafter, tents of such report on an appropriate inter- rate, timely, and effective collection and the Inspector General of the Department of net website. processing of DNA evidence, including proto- Justice shall conduct audits of recipients of ‘‘(D) PERSONALLY IDENTIFIABLE INFORMA- cols and practices specific to sexual assault grants under this title to prevent waste, TION.—The Attorney General shall ensure cases, which shall address appropriate steps fraud, and abuse of funds by grantees. The that any information published and dissemi- in the investigation of cases that might in- Inspector General shall determine the appro- nated as part of a report under this para- volve DNA evidence, including— priate number of grantees to be audited each graph, which reports information under this ‘‘(A) how to determine— year. subsection, does not include personally iden- ‘‘(i) which evidence is to be collected by (2) MANDATORY EXCLUSION.—A recipient of tifiable information or details about a sexual law enforcement personnel and forwarded for grant funds under this title that is found to assault that might lead to the identification testing; have an unresolved audit finding shall not be of the individuals involved. ‘‘(ii) the preferred order in which evidence eligible to receive grant funds under this ‘‘(E) OPTIONAL REPORTING.—The Attorney from the same case is to be tested; and title during the 2 fiscal years beginning after General shall— ‘‘(iii) what information to take into ac- the 12-month period described in paragraph ‘‘(i) at the discretion of a State or unit of count when establishing the order in which (5). local government required to file a report evidence from different cases is to be tested; (3) PRIORITY.—In awarding grants under under subparagraph (A), allow such State or ‘‘(B) the establishment of a reasonable pe- this title, the Attorney General shall give unit of local government, at their sole dis- riod of time in which evidence is to be for- priority to eligible entities that, during the cretion, to submit such reports on a more warded by emergency response providers, law 3 fiscal years before submitting an applica- frequent basis; and enforcement personnel, and prosecutors to a tion for a grant under this title, did not have ‘‘(ii) make available to all States and units laboratory for testing; an unresolved audit finding showing a viola- of local government the reporting form cre- ‘‘(C) the establishment of reasonable peri- tion in the terms or conditions of a Depart- ated pursuant to subparagraph (A), whether ods of time in which each stage of analytical ment of Justice grant program. or not they are required to submit such re- laboratory testing is to be completed; (4) REIMBURSEMENT.—If an entity is award- ports, and allow such States or units of local ‘‘(D) systems to encourage communication ed grant funds under this title during the 2- government, at their sole discretion, to sub- within a State or unit of local government fiscal-year period in which the entity is mit such reports for publication. among emergency response providers, law barred from receiving grants under para- ‘‘(F) SAMPLES EXEMPT FROM REPORTING RE- enforcement personnel, prosecutors, courts, graph (2), the Attorney General shall— QUIREMENT.—The reporting requirements de- defense counsel, crime laboratory personnel, (A) deposit an amount equal to the grant scribed in paragraph (2) shall not apply to a and crime victims regarding the status of funds that were improperly awarded to the sample of sexual assault evidence that— crime scene evidence to be tested; and grantee into the General Fund of the Treas- ‘‘(i) is not considered criminal evidence ‘‘(E) standards for conducting the audit of ury; and (such as a sample collected anonymously the backlog for DNA case work in sexual as- (B) seek to recoup the costs of the repay- from a victim who is unwilling to make a sault cases required under subsection (n). ment to the fund from the grant recipient criminal complaint); or ‘‘(2) TECHNICAL ASSISTANCE AND TRAINING.— that was erroneously awarded grant funds. ‘‘(ii) relates to a sexual assault for which The Director shall make available technical (5) DEFINED TERM.—In this section, the the prosecution of each perpetrator is barred assistance and training to support States term ‘‘unresolved audit finding’’ means an by a statute of limitations. and units of local government in adopting audit report finding in the final audit report ‘‘(5) DEFINITIONS.—In this subsection: and implementing the protocols and prac- of the Inspector General of the Department ‘‘(A) AWAITING TESTING.—The term ‘await- tices developed under paragraph (1) on and of Justice that the grantee has utilized grant ing testing’ means, with respect to a sample after the date on which the protocols and funds for an unauthorized expenditure or of sexual assault evidence, that— practices are published. otherwise unallowable cost that is not closed

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SUNSET. cative or overlapping; MENTS.— Effective on December 31, 2018, subsections (B) to eliminate waste and inefficiency; (A) DEFINITION.—For purposes of this sec- (a)(7) and (n) of section 2 of the DNA Anal- and tion and the grant programs described in ysis Backlog Elimination Act of 2000 (42 (C) to terminate lower priority, outdated, this title, the term ‘‘ ‘nonprofit organiza- U.S.C. 14135(a)(7) and (n)) are repealed. and unnecessary programs and initiatives. tion’ ’’ means an organization that is de- (d) CONSOLIDATING UNNECESSARY DUPLICA- scribed in section 501(c)(3) of the Internal SA 15. Mr. COBURN submitted an TION WITHIN THE DEPARTMENT OF JUSTICE.— Revenue Code of 1986 and is exempt from tax- amendment intended to be proposed by Notwithstanding any other provision of law ation under section 501(a) of such Code. him to the bill S. 47, to reauthorize the and not later than 150 days after the date of (B) PROHIBITION.—The Attorney General Violence Against Women Act of 1994; shall not award a grant under any grant pro- enactment of this section, the Attorney Gen- gram described in this title to a nonprofit or- which was ordered to lie on the table; eral shall— ganization that holds money in offshore ac- as follows: (1) use available administrative authority counts for the purpose of avoiding paying the At the appropriate place, insert the fol- to eliminate, consolidate, or streamline Gov- tax described in section 511(a) of the Internal lowing: ernment programs and agencies with dupli- Revenue Code of 1986. SEC. ll. IDENTIFYING UNNECESSARY DUPLICA- cative and overlapping missions identified (C) DISCLOSURE.—Each nonprofit organiza- TION WITHIN THE DEPARTMENT OF in— tion that is awarded a grant under a grant JUSTICE.. (A) the March 2011 Government Account- program described in this title and uses the (a) REQUIREMENT TO IDENTIFY AND DESCRIBE ability Office report to Congress entitled procedures prescribed in regulations to cre- PROGRAMS.—Each fiscal year, for purposes of ‘‘Opportunities to Reduce Government Du- ate a rebuttable presumption of reasonable- the report required by subsection (c), the At- plication in Government Programs, Save Tax ness for the compensation of its officers, di- torney General shall— Dollars, and Enhance Revenue’’ (GAO 11 rectors, trustees and key employees, shall (1) identify and describe every program ad- 318SP); disclose to the Attorney General, in the ap- ministered by the Department of Justice; (B) the February 2012 Government Ac- plication for the grant, the process for deter- (2) for each such program— countability Office report to Congress enti- mining such compensation, including the (A) determine the total administrative ex- tled ‘‘2012 Annual Report: Opportunities to independent persons involved in reviewing penses of the program; Reduce Potential Duplication in Govern- and approving such compensation, the com- (B) determine the expenditures for services ment Programs, Save Tax Dollars, and En- parability data used, and contemporaneous for the program; hance Revenue’’ (GAO 12 342SP); substantiation of the deliberation and deci- (C) estimate the number of clients served (C) the July 2012 Government Account- sion. Upon request, the Attorney General by the program and beneficiaries who re- ability Office report to Congress entitled shall make the information disclosed under ceived assistance under the program (if ap- ‘‘Justice Grant Programs’’ (GAO 12 517); and this subsection available for public inspec- plicable); and (D) subsection (a); tion. (D) estimate— (2) identify and report to Congress any leg- (7) ADMINISTRATIVE EXPENSES.—Unless oth- (i) the number of full-time employees who islative changes required to further elimi- erwise explicitly provided in authorizing leg- administer the program; and nate, consolidate, or streamline Government islation, not more than 7.5 percent of the (ii) the number of full-time equivalents programs and agencies with duplicative and amounts authorized to be appropriated under (whose salary is paid in part or full by the overlapping missions identified in— this title may be used by the Attorney Gen- Federal Government through a grant or con- (A) the March 2011 Government Account- eral for salaries and administrative expenses tract, a subaward of a grant or contract, a ability Office report to Congress entitled of the Department of Justice. cooperative agreement, or another form of ‘‘Opportunities to Reduce Government Du- (8) CONFERENCE EXPENDITURES.— financial award or assistance) who assist in plication in Government Programs, Save Tax (A) LIMITATION.—No amounts authorized to administering the program; and Dollars, and Enhance Revenue’’ (GAO 11 be appropriated to the Department of Justice (3) identify programs within the Federal 318SP); under this title may be used by the Attorney Government (whether inside or outside the (B) the February 2012 Government Ac- General or by any individual or organization agency) with duplicative or overlapping mis- countability Office report to Congress enti- awarded discretionary funds through a coop- sions, services, and allowable uses of funds. tled ‘‘2012 Annual Report: Opportunities to erative agreement under this title, to host or (b) RELATIONSHIP TO CATALOG OF DOMESTIC Reduce Potential Duplication in Govern- support any expenditure for conferences that ASSISTANCE.—With respect to the require- ment Programs, Save Tax Dollars, and En- uses more than $20,000 in Department funds, ments of paragraphs (1) and (2)(B) of sub- hance Revenue’’ (GAO 12 342SP); unless the Deputy Attorney General or the section (a), the Attorney General may use (C) the July 2012 Government Account- appropriate Assistant Attorney General, Di- the same information provided in the catalog ability Office report to Congress entitled rector, or principal deputy as the Deputy At- of domestic and international assistance pro- ‘‘Justice Grant Programs’’ (GAO 12 517); and torney General may designate, provides prior grams in the case of any program that is a (D) subsection (c); and written authorization that the funds may be domestic or international assistance pro- (3) develop a plan that would result in fi- expended to host a conference. gram. nancial cost savings of no less than 20 per- (B) WRITTEN APPROVAL.—Written approval (c) REPORT.—Not later than February 1 of cent of the nearly $3,900,000,000 in duplicative under subparagraph (A) shall include a writ- each fiscal year, the Attorney General shall grant programs identified by the Govern- ten estimate of all costs associated with the publish on the official public Internet ment Accountability Office as a result of the conference, including the cost of all food and website of the agency a report containing actions required by paragraph (1). beverages, audio/visual equipment, honoraria the following: for speakers, and any entertainment. (1) The information required under sub- (e) ELIMINATING THE BACKLOG OF UNANALYZED DNA FROM SEXUAL ASSAULT, (C) REPORT.—The Deputy Attorney General section (a) with respect to the preceding fis- shall submit an annual report to the Com- cal year. RAPE, KIDNAPPING, AND OTHER CRIMINAL mittee on the Judiciary of the Senate and (2) The latest performance reviews (includ- CASES.—Notwithstanding any other provi- the Committee on the Judiciary of the House ing the program performance reports re- sion of law and not later than 1 year after of Representatives on all conference expendi- quired under section 1116 of title 31, United the enactment of this section, the Director tures approved by operation of this para- States Code) of each program of the agency of the Office of Management and Budget in graph. identified under subsection (a)(1), including consultation with Attorney General shall— (1) rescind from the appropriate accounts (9) PROHIBITION ON LOBBYING ACTIVITY.— performance indicators, performance goals, the total amount of cost savings from the (A) IN GENERAL.—Amounts authorized to be output measures, and other specific metrics appropriated under this title may not be uti- used to review the program and how the pro- plan required in subsection (d)(3); lized by any grant recipient to— gram performed on each. (2) apply as much as 75 percent of the sav- (i) lobby any representative of the Depart- (3) For each program that makes pay- ings towards alleviating any backlogs of ment of Justice regarding the award of grant ments, the latest improper payment rate of analysis and placement of DNA samples from funding; or the program and the total estimated amount rape, sexual assault, homicide, kidnapping (ii) lobby any representative of a Federal, of improper payments, including fraudulent and other criminal cases, including casework state, local, or tribal government regarding payments and overpayments. sample and convicted offender backlogs, into the award of grant funding. (4) The total amount of unspent and unob- the Combined DNA Index System; and (3) return the remainder of the savings to (B) PENALTY.—If the Attorney General de- ligated program funds held by the Depart- termines that any recipient of a grant under ment and grant recipients (not including in- the Treasury for the purpose of deficit reduc- this title has violated subparagraph (A), the dividuals) stated as an amount— tion. Attorney General shall— (A) held as of the beginning of the fiscal (f) REPORTING THE SAVINGS RESULTING (i) require the grant recipient to repay the year in which the report is submitted; and FROM CONSOLIDATING UNNECESSARY DUPLICA- grant in full; and (B) held for 5 fiscal years or more. TION.—Notwithstanding any other provision

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of law, the Attorney General shall post a re- (2) in subsection (d)— (4) AVAILABILITY OF PAYMENTS FROM PRESI- port on the public Internet website of the (A) in the matter preceding paragraph (1), DENTIAL PRIMARY MATCHING PAYMENT AC- Department of Justice detailing— by striking ‘‘5 percent’’ and inserting ‘‘20 COUNT.—The second sentence of section (1) the programs consolidated as a result of percent’’; and 9037(a) of such Code is amended by striking this section, including any programs elimi- (B) in paragraph (1)— ‘‘and for payments under section 9008(b)(3)’’. nated; (i) in subparagraph (A), by striking ‘‘the (d) EFFECTIVE DATE.—The amendments (2) the total amount saved from reducing immunodeficiency virus (HIV)’’ and insert- made by this section shall apply with respect such duplication; ing ‘‘any sexually transmitted disease for to elections occurring after December 31, (3) the total amount of such savings di- which a diagnostic exists that the victim re- 2012. rected towards the analysis and placement of quests’’; DNA samples into the Combined DNA Index (ii) in subparagraph (B), by inserting ‘‘, in- SA 18. Ms. AYOTTE (for herself and System; cluding the relevant information about any Mrs. GILLIBRAND) submitted an amend- (4) the total amount of such savings re- sexually transmitted diseases identified in ment intended to be proposed by her to turned to the Treasury for the purpose of such results’’ after ‘‘testing results’’; and the bill S. 47, to reauthorize the Vio- deficit reduction; and (iii) in subparagraph (C), by striking (5) additional recommendations for con- ‘‘HIV’’ and inserting ‘‘any sexually trans- lence Against Women Act of 1994; solidating duplicative programs, offices, and mitted disease for which a diagnostic exists which was ordered to lie on the table; initiatives within the Department of Justice. that the victim requests’’; as follows: (g) DEFINITIONS.—In this section: (3) by redesignating subsection (e) as sub- At the end of title XI, add the following: (1) ADMINISTRATIVE EXPENSES.—The term section (f); and ‘‘administrative expenses’’ has the meaning SEC. 1106. GUIDANCE ON TREATMENT OF INJU- (4) by adding before subsection (f), as re- RIES IN CONNECTION WITH SEXUAL as determined by the Director of the Office designated, the following: ASSAULT IN THE ARMED FORCES. of Management and Budget under section ‘‘(e) REQUIREMENT TO USE FUNDS TO TREAT (a) GUIDANCE REQUIRED.—The Under Sec- 504(b)(2) of Public Law 111–85 (31 U.S.C. 1105 VICTIMS.—A State or unit of local govern- retary of Defense for Personnel and Readi- note), except the term shall also include, for ment shall use funds allocated under this ness shall, acting through the Assistant Sec- purposes of that section and this section— part to pay for treatment for a victim of sex- retary of Defense for Health Affairs, issue (A) costs incurred by the Department as ual assault who is diagnosed with a sexually guidance for the military departments on well as costs incurred by grantees, sub- transmitted disease as a result of a test de- the procedures and practices to be followed grantees, and other recipients of funds from scribed in subsection (d)(1).’’. by health care providers in the military med- a grant program or other program adminis- (b) REPORT.—Not later than 30 days after ical treatment system in the provision of tered by the Department; and the date of enactment of this Act, and annu- treatment to members of the Armed Forces (B) expenses related to personnel salaries ally thereafter, the Attorney General shall for injuries incurred as a result of sexual as- and benefits, property management, travel, submit a report to Congress regarding the sault during their service in the Armed program management, promotion, reviews level of compliance by States and units of Forces. and audits, case management, and commu- local government with— (b) SCOPE OF GUIDANCE.—The guidance nication about, promotion of, and outreach (1) the speedy notice requirements of sec- issued pursuant to subsection (a) shall be de- for programs and program activities admin- tion 2101(d) of the Omnibus Crime Control signed to address the deficiencies identified istered by the Department. and Safe Streets Act of 1968 (42 U.S.C. in the treatment described in that sub- (2) PERFORMANCE INDICATOR; PERFORMANCE 3796hh(d)), as amended by this Act; and section as identified in the January 2013 Gov- GOAL; OUTPUT MEASURE; PROGRAM ACTIVITY.— (2) the requirement to use funds to treat ernment Accountability Office Report to The terms ‘‘performance indicator’’, ‘‘per- victims under section 2101(e) of the Omnibus Congressional Addressees entitled ‘‘DOD Has formance goal’’, ‘‘output measure’’, and Crime Control and Safe Streets Act of 1968 Taken Steps to Meet the Health Needs of De- ‘‘program activity’’ have the meanings pro- (42 U.S.C. 3796hh(e)), as amended by this Act, ployed Servicewomen, but Actions are Need- vided by section 1115 of title 31, United including the number of victims who were ed to Enhance Care for Sexual Assault Vic- States Code. exposed to human immunodeficiency virus tims’’. (3) PROGRAM.—The term ‘‘program’’ has (HIV) or any other sexually transmitted dis- (c) ELEMENTS.—The guidance issued pursu- the meaning provided by the Director of the ease and received assistance under such sec- ant to subsection (a) shall include the fol- Office of Management and Budget in con- tion. lowing: sultation with the Attorney General and (1) A description of the responsibilities of shall include any organized set of activities Mr. COBURN submitted an SA 17. health care providers in the military medical directed toward a common purpose or goal amendment intended to be proposed by treatment system in the treatment of mem- undertaken by the Department that includes him to the bill S. 47, to reauthorize the bers of the Armed Forces for injuries in- services, projects, processes, or financial or Violence Against Women Act of 1994; curred as a result of sexual assault during other forms of assistance, including grants, which was ordered to lie on the table; service in the Armed Forces, including re- contracts, cooperative agreements, com- sponsibilities for observing the rights of pacts, loans, leases, technical support, con- as follows: members to disclose such assaults in a con- sultation, or other guidance. At the appropriate place, insert the fol- fidential manner. (4) SERVICES.—The term ‘‘services’’ has the lowing: (2) Procedures for the proper collection and meaning provided by the Attorney General SEC. ll. PROHIBITING USE OF PRESIDENTIAL preservation of forensic evidence regarding and shall be limited to only activities, as- ELECTION CAMPAIGN FUNDS FOR incidents of sexual assault. sistance, and aid that provide a direct ben- PARTY CONVENTIONS. (3) Procedures for the minimization of the efit to a recipient, such as the provision of (a) IN GENERAL.—Chapter 95 of the Internal risk of revictimization of members under- medical care, assistance for housing or tui- Revenue Code of 1986 is amended by striking going treatment. tion, or financial support (including grants section 9008. (b) CLERICAL AMENDMENT.—The table of (4) Such other responsibilities, procedures, and loans). sections of chapter 95 of such Code is amend- and elements as the Under Secretary con- SA 16. Mr. COBURN submitted an ed by striking the item relating to section siders appropriate to address the deficiencies amendment intended to be proposed by 9008. described in subsection (b). (c) CONFORMING AMENDMENTS.— (d) COMPLIANCE WITH REQUIREMENTS FOR him to the bill S. 47, to reauthorize the (1) AVAILABILITY OF PAYMENTS TO CAN- ANNUAL TRAINING REFRESHER ON SEXUAL AS- Violence Against Women Act of 1994; DIDATES.—The third sentence of section SAULT PREVENTION AND RESPONSE.—The which was ordered to lie on the table; 9006(c) of the Internal Revenue Code of 1986 is Under Secretary shall, in consultation with as follows: amended by striking ‘‘, section 9008(b)(3),’’. the Secretaries of the military departments, At the appropriate place, insert the fol- (2) REPORTS BY FEDERAL ELECTION COMMIS- take appropriate actions to ensure that all lowing: SION.—Section 9009(a) of such Code is amend- members of the Armed Forces comply with SEC. ll. SPEEDY NOTICE TO VICTIMS. ed— requirements to undergo on an annual basis (a) IN GENERAL.—Section 2101 of the Omni- (A) by adding ‘‘and’’ at the end of para- refresher training on the prevention and re- bus Crime Control and Safe Streets Act of graph (2); sponse to sexual assault in the Armed 1968 (42 U.S.C. 3796hh) is amended— (B) by striking the semicolon at the end of Forces. (1) in subsection (b)— paragraph (3) and inserting a period; and (A) in paragraph (13), by striking ‘‘human (C) by striking paragraphs (4), (5), and (6). SA 19. Mr. CORNYN (for himself and immunodeficiency virus (HIV)’’ and insert- (3) PENALTIES.—Section 9012 of such Code is Mr. CRAPO) submitted an amendment ing ‘‘sexually transmitted disease’’; and amended— intended to be proposed by him to the (B) by adding at the end the following: (A) in subsection (a)(1), by striking the sec- bill S. 47, to reauthorize the Violence ‘‘(14) To pay for treatment for victims of ond sentence; and sexual assault who are diagnosed with a sex- (B) in subsection (c), by striking paragraph Against Women Act of 1994; which was ually transmitted disease as a result of a (2) and redesignating paragraph (3) as para- ordered to lie on the table; as follows: test described in subsection (d)(1).’’; graph (2). Strike section 904 and insert the following:

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00073 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S552 CONGRESSIONAL RECORD — SENATE February 7, 2013 SEC. 904. TRIBAL JURISDICTION OVER CRIMES of the determination, including the reasons cial domestic violence criminal jurisdiction, OF DOMESTIC VIOLENCE. of the Attorney General for not issuing the the participating tribe shall provide to the (a) IN GENERAL.—Title II of Public Law 90– certification and guidance on how the Indian defendant— 284 (25 U.S.C. 1301 et seq.) (commonly known tribe could be certification. ‘‘(A) all applicable rights under this Act; as the ‘‘Indian Civil Rights Act of 1968’’) is ‘‘(c) NATURE OF THE CRIMINAL JURISDIC- ‘‘(B) except as provided in subparagraph amended by adding at the end the following: TION.— (C), all rights described in section 202(c); and ‘‘SEC. 204. TRIBAL JURISDICTION OVER CRIMES ‘‘(1) IN GENERAL.—Notwithstanding any ‘‘(C) all rights under the Constitution of OF DOMESTIC VIOLENCE. other provision of law, a participating tribe the United States afforded criminal defend- ‘‘(a) DEFINITIONS.—In this section: may exercise special domestic violence ants in State courts, as those rights are in- ‘‘(1) DATING VIOLENCE.—The term ‘dating criminal jurisdiction over all persons. terpreted by the courts of the United States. violence’ means violence committed by a ‘‘(2) CONCURRENT JURISDICTION.—Subject to ‘‘(2) OTHER RIGHTS.—In addition to rights person who is or has been in a social rela- subsection (e)(2), the exercise of special do- described in paragraph (1), a defendant over tionship of a romantic or intimate nature mestic violence criminal jurisdiction by a whom a participating tribe exercises special with the victim, as determined by the length participating tribe shall be concurrent with domestic violence criminal jurisdiction shall of the relationship, the type of relationship, the jurisdiction of the United States, of a have all other rights the protection of which and the frequency of interaction between the State, or of both. is necessary under the Constitution of the persons involved in the relationship. ‘‘(3) APPLICABILITY.—Nothing in this sec- United States in order for the participating ‘‘(2) DOMESTIC VIOLENCE.—The term ‘do- tion— tribe to exercise special domestic violence mestic violence’ means violence committed ‘‘(A) creates or eliminates any Federal or criminal jurisdiction over the defendant. by a current or former spouse or intimate State criminal jurisdiction over Indian coun- ‘‘(3) JUDICIAL REVIEW OF JUDGMENT AND partner of the victim, by a person with try; or SENTENCE.— whom the victim shares a child in common, ‘‘(B) subject to paragraph (2), affects the ‘‘(A) IN GENERAL.—Not later than 60 days by a person who is cohabitating with or has authority of the United States or any State after the date on which a tribal court enters cohabitated with the victim as a spouse or government that has been delegated author- a final judgment against a defendant in a intimate partner, or by a person similarly ity by the United States to investigate and criminal proceeding in which a participating situated to a spouse of the victim under the prosecute a criminal violation in Indian tribe exercises special domestic violence domestic- or family-violence laws of an In- country. criminal jurisdiction, the defendant may pe- dian tribe that has jurisdiction over the In- ‘‘(4) EXCEPTIONS.— tition the United States court of appeals for dian country where the violence occurs. ‘‘(A) VICTIM AND DEFENDANT ARE BOTH NON- the circuit in which the tribal court is lo- ‘‘(3) INDIAN COUNTRY.—The term ‘Indian INDIANS.— cated for review of the judgment and sen- country’ has the meaning given the term in ‘‘(i) IN GENERAL.—A participating tribe tence against the defendant. section 1151 of title 18, United States Code. may not exercise special domestic violence ‘‘(B) ISSUES FOR REVIEW.—The issues for re- ‘‘(4) PARTICIPATING TRIBE.—The term ‘par- criminal jurisdiction over an alleged offense view in a proceeding initiated by a defendant ticipating tribe’ means an Indian tribe if neither the defendant nor the alleged vic- under subparagraph (A) are limited to viola- that— tim is an Indian. tions of any right of a defendant secured by ‘‘(A) elects to exercise special domestic vi- ‘‘(ii) DEFINITION OF VICTIM.—In this sub- this Act, including any right or privilege se- olence criminal jurisdiction over the Indian paragraph, with respect to a criminal pro- cured by this section and subsection. country of that Indian tribe; and ceeding in which a participating tribe exer- ‘‘(C) NOTICE TO DEFENDANT.—At the time of ‘‘(B) on request of the Indian tribe, is cer- cises special domestic violence criminal ju- imposition of judgment and sentence, the tified by the Attorney General to be a par- risdiction based on a violation of a protec- court in a criminal proceeding in which the ticipating tribe for purposes of this section. tion order, the term ‘victim’ means a person participating tribe is exercising special do- ‘‘(5) PROTECTION ORDER.—The term ‘protec- specifically protected by a protection order mestic violence criminal jurisdiction shall tion order’— that the defendant allegedly violated. inform the defendant of the right to petition ‘‘(A) means any injunction, restraining ‘‘(B) DEFENDANT LACKS TIES TO THE INDIAN for review of the judgment and sentence order, or other order issued by a civil or TRIBE.—A participating tribe may exercise under this paragraph. criminal court for the purpose of preventing special domestic violence criminal jurisdic- ‘‘(f) PETITIONS TO STAY DETENTION.— violent or threatening acts or harassment tion over a defendant only if the defendant— ‘‘(1) IN GENERAL.—A person who has filed a against, sexual violence against, contact or ‘‘(i) resides in the Indian country of the petition for a writ of habeas corpus in a communication with, or physical proximity participating tribe; court of the United States under section 203 to, another person; and ‘‘(ii) is employed in the Indian country of may petition that court to stay further de- ‘‘(B) includes any temporary or final order the participating tribe; or tention of that person by the participating issued by a civil or criminal court, whether ‘‘(iii) is a spouse, intimate partner, or dat- tribe. obtained by filing an independent action or ing partner of— ‘‘(2) GRANT OF STAY.—A court shall grant a as a pendent lite order in another pro- ‘‘(I) a member of the participating tribe; or stay described in paragraph (1) if the court— ceeding, if the civil or criminal order was ‘‘(II) an Indian who resides in the Indian ‘‘(A) finds that there is a substantial likeli- issued in response to a complaint, petition, country of the participating tribe. hood that the habeas corpus petition will be or motion filed by or on behalf of a person ‘‘(d) CRIMINAL CONDUCT.—A participating granted; and seeking protection. tribe may exercise special domestic violence ‘‘(B) after giving each alleged victim in the ‘‘(6) SPECIAL DOMESTIC VIOLENCE CRIMINAL criminal jurisdiction over a defendant for matter an opportunity to be heard, finds by JURISDICTION.—The term ‘special domestic criminal conduct that— clear and convincing evidence that under violence criminal jurisdiction’ means the ‘‘(1) is punishable by the laws of the par- conditions imposed by the court, the peti- criminal jurisdiction that a participating ticipating tribe by a term of imprisonment tioner is not likely to flee or pose a danger tribe may exercise under this section but not to exceed 1 year; and to any person or the community if released. could not otherwise exercise. ‘‘(2) is covered by 1 or more of the fol- ‘‘(3) NOTICE.—An Indian tribe that has or- ‘‘(7) SPOUSE OR INTIMATE PARTNER.—The lowing categories: dered the detention of any person has a duty term ‘spouse or intimate partner’ has the ‘‘(A) DOMESTIC VIOLENCE AND DATING VIO- to timely notify such person of his rights meaning given the term in section 2266 of LENCE.—An act of domestic violence or dat- and privileges under this subsection and title 18, United States Code. ing violence that occurs in the Indian coun- under section 203. ‘‘(b) CERTIFICATION OF PARTICIPATING try of the participating tribe. ‘‘(g) SUBJECT TO REMOVAL.— TRIBES.— ‘‘(B) VIOLATIONS OF PROTECTION ORDERS.— ‘‘(1) IN GENERAL.—A defendant charged ‘‘(1) IN GENERAL.—Not later than 120 days An act that— with a crime under this section may petition after receiving a request from an Indian ‘‘(i) occurs in the Indian country of the the appropriate district court of the United tribe requesting designation as a partici- participating tribe; and States for removal pursuant to section 3245 pating tribe, the Attorney General shall— ‘‘(ii) violates the portion of a protection of title 18, United States Code. ‘‘(A) certify the Indian tribe as a partici- order that— ‘‘(2) NOTICE.—Not later than the time at pating tribe if the Attorney General deter- ‘‘(I) prohibits or provides protection which the defendant makes an initial ap- mines that the Indian tribe is capable of pro- against violent or threatening acts or har- pearance before the court of the partici- viding all the rights afforded a defendant assment against, sexual violence against, pating tribe or 48 hours after the time of ar- under subsection (e); and contact or communication with, or physical rest, whichever is earlier, the defendant shall ‘‘(B) deny certification of the Indian tribe proximity to, another person; be notified of the right of removal under this as a participating tribe if the Attorney Gen- ‘‘(II) was issued against the defendant; subsection. eral determines that the Indian tribe is not ‘‘(III) is enforceable by the participating ‘‘(h) GRANTS TO TRIBAL GOVERNMENTS.— capable of providing all the rights afforded a tribe; and The Attorney General may award grants to defendant under subsection (e). ‘‘(IV) is consistent with section 2265(b) of the governments of Indian tribes— ‘‘(2) NOTICE.—If the Attorney General de- title 18, United States Code. ‘‘(1) to strengthen tribal criminal justice nies certification to an Indian tribe under ‘‘(e) RIGHTS OF DEFENDANTS.— systems to assist Indian tribes in exercising paragraph (1)(B), the Attorney General shall ‘‘(1) IN GENERAL.—In a criminal proceeding special domestic violence criminal jurisdic- provide the Indian tribe with written notice in which a participating tribe exercises spe- tion, including—

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00074 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S553 ‘‘(A) law enforcement (including the capac- ‘‘(A) a notice of removal signed pursuant ‘‘(bb) after the evidentiary hearing, dispose ity of law enforcement or court personnel to to Rule 11 of the Federal Rules of Civil Pro- of the prosecution as justice requires. enter information into and obtain informa- cedure that contains a short and plain state- ‘‘(iii) NOTIFICATION TO TRIBAL COURT.—If tion from national crime information data- ment of the grounds for removal under para- the district court of the United States in bases); graph (2); and which the notice is filed determines to grant ‘‘(B) prosecution; ‘‘(B) a copy of all processes, pleadings, and the removal of the prosecution— ‘‘(C) trial and appellate courts; orders served upon the defendant in that ac- ‘‘(I) the district court of the United States ‘‘(D) probation systems; tion. shall notify the tribal court in which pros- ‘‘(E) detention and correctional facilities; ‘‘(2) GROUNDS FOR REMOVAL.— ecution is pending of that decision; and ‘‘(F) alternative rehabilitation centers; ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(II) the tribal court shall proceed no fur- ‘‘(G) culturally appropriate services and (B), no case shall be removed unless the de- ther with the prosecution. assistance for victims and their families; and fendant has proven by a preponderance of the ‘‘(E) TRIBAL COURT DUTIES.— ‘‘(H) criminal codes and rules of criminal evidence that a right guaranteed to the de- ‘‘(i) IN GENERAL.—Not later than 96 hours procedure, appellate procedure, and evi- fendant under section 204 of Public Law 90– after a tribal court receives a notice of re- dence; 284 (commonly known as the ‘Indian Civil moval under this subsection, the tribal court ‘‘(2) to provide indigent criminal defend- Rights Act of 1968’) has been or is likely to shall— ants with the effective assistance of licensed be violated. ‘‘(I) transfer custody of the defendant to defense counsel, at no cost to the defendant, ‘‘(B) EXCEPTION.—Subparagraph (A) shall Federal authorities; or in criminal proceedings in which a partici- not apply to a past violation if the partici- ‘‘(II) release the defendant from custody. pating tribe prosecutes a crime of domestic pating tribe can prove by a preponderance of ‘‘(ii) ORDERS.—On the transfer or release of violence or dating violence or a criminal vio- the evidence that the participating tribe has a defendant under clause (i), the tribal court lation of a protection order; adequately remedied the violation. may issue a protection order (as defined in ‘‘(3) to ensure that, in criminal proceedings ‘‘(3) REQUIREMENTS.— section 204 of Public Law 90–284) or an order in which a participating tribe exercises spe- ‘‘(A) FILING.— excluding the defendant from the Indian cial domestic violence criminal jurisdiction, ‘‘(i) IN GENERAL.—Subject to clause (ii), a country of the participating tribe. defendant seeking removal from a tribal jurors are summoned, selected, and in- ‘‘(c) REMOVAL BROUGHT BY THE UNITED court of a criminal prosecution for domestic structed in a manner consistent with all ap- STATES.— violence shall file a notice of removal de- plicable requirements; and ‘‘(1) IN GENERAL.—The United States attor- scribed in paragraph (1) not later than the ‘‘(4) to accord victims of domestic violence, ney for the district and division within time at which a trial begins in the tribal dating violence, and violations of protection which a covered case is pending may remove court. orders rights that are similar to the rights of that covered case to the relevant district a crime victim described in section 3771(a) of ‘‘(ii) RELIEF FOR GOOD CAUSE.—On the re- quest of a defendant seeking removal from a court of the United States by filing a notice title 18, United States Code, consistent with of removal in the district court of the United tribal law and custom. tribal court of a criminal prosecution for do- mestic violence, the district court of the States and in the tribal court in which the ‘‘(i) SUPPLEMENT, NOT SUPPLANT.— United States with jurisdiction may, for covered case is pending. Amounts made available under this section ‘‘(2) REQUIREMENTS.— shall supplement and not supplant any other good cause, enter an order granting the de- fendant leave to file after the time period de- ‘‘(A) IN GENERAL.—A United States attor- Federal, State, tribal, or local government ney shall file a notice of removal under this amounts made available to carry out activi- scribed in clause (i) has expired. ‘‘(B) ADMINISTRATION.— subsection not later than the time at which ties described in this section. ‘‘(i) IN GENERAL.—A notice of removal filed a trial begins in the tribal court. ‘‘(j) PROHIBITION ON LOBBYING ACTIVITY.— under subparagraph (A) shall include all ‘‘(B) ADMINISTRATION.—A notice of removal Amounts authorized to be appropriated grounds for the removal. filed under this subsection shall identify the under this section may not be used by any ‘‘(ii) EFFECT.—A failure to state any covered case and state that the tribal court grant recipient to— grounds for removal that exist at the time of proceeding is being removed to the district ‘‘(1) lobby any representative of the De- the filing of the notice shall constitute a court of the United States on the grounds partment of Justice regarding the award of waiver of those grounds. that the United States has commenced or in- grant funding under this section; or ‘‘(iii) SECOND NOTICE FILING.—A defendant tends to commence a criminal proceeding ‘‘(2) lobby any representative of a Federal, may only file a second notice for removal on against the defendant based on some or all of State, local, or tribal government regarding grounds that did not exist at the time on the same acts of domestic violence that gave the award of grant funding under this sec- which the defendant submitted the original rise to the tribal court proceeding. tion. notice. ‘‘(3) EFFECT OF NOTICE.—Upon receipt of a ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(iv) RELIEF FOR GOOD CAUSE.—On the re- notice under paragraph (1), the tribal court There are authorized to be appropriated quest of a defendant seeking removal from a shall proceed no further with the covered $5,000,000 for each of fiscal years 2014 through tribal court of a criminal prosecution for do- case. 2018 to carry out subsection (h) and to pro- mestic violence, the district court of the ‘‘(d) WRIT OF HABEAS CORPUS.—If a defend- vide training, technical assistance, data col- United States with jurisdiction may, for ant is in actual custody on process issued by lection, and evaluation of the criminal jus- good cause, waive the requirements of the tribal court— tice systems of participating tribes.’’. clauses (i) through (iii). ‘‘(1) the district court of the United States (b) REMOVAL OF CRIMINAL PROSECUTIONS.— ‘‘(C) EFFECT ON TRIBAL COURT PRO- with jurisdiction over a proceeding under Chapter 211 of title 18, United States Code, is CEEDINGS.—Unless otherwise ordered by the subsections (b) and (c) shall issue a writ of amended by adding at the end the following: relevant district court of the United States, habeas corpus for the defendant; and ‘‘§ 3245. Removal of criminal prosecutions the filing of a notice of removal under this ‘‘(2) the marshal of the district court of the brought under the Indian Civil Rights Act subsection shall not prevent a tribal court in United States described in paragraph (1) ‘‘(a) DEFINITIONS.—In this section: which the prosecution is pending from pro- shall— ‘‘(1) COVERED CASE.—The term ‘covered ceeding further, except that a judgment of ‘‘(A) take the defendant into custody; and case’ means any tribal domestic violence conviction shall not be entered in the case ‘‘(B) deliver a copy of the writ of habeas criminal proceeding brought under section unless the prosecution has been remanded. corpus to the clerk of the applicable tribal 204 of Public Law 90–284 (commonly known ‘‘(D) DISTRICT COURT DUTIES.— court.’’. as the ‘Indian Civil Rights Act of 1968’) over ‘‘(i) IN GENERAL.—The district court of the (c) CLERICAL AMENDMENT.—The table of which the United States has concurrent ju- United States in which a notice is filed under sections for chapter 211 of title 18, United risdiction under subsection (b)(2) of that sec- this subsection shall— States Code, is amended by inserting after tion. ‘‘(I) examine the notice promptly; and the item relating to section 3244 the fol- ‘‘(2) DOMESTIC VIOLENCE.—The term ‘do- ‘‘(II) if the district court of the United lowing: mestic violence’ has the meaning given the States determines, based on the notice and term in section 40002 of the Violence Against any exhibits annexed to the notice, that re- ‘‘Sec. 3245. Removal of criminal prosecu- Women Act of 1994 (42 U.S.C. 13925). moval should not be permitted, the district tions brought under the Indian Civil Rights Act.’’. ‘‘(b) REMOVAL BROUGHT BY DEFENDANT IN court shall make an order for summary re- TRIBAL COURT.— mand of the prosecution. ‘‘(1) NOTICE OF REMOVAL.—A defendant ‘‘(ii) SUMMARY REMAND.— SA 20. Mr. WARNER (for himself and charged with a crime pursuant to section 204 ‘‘(I) IN GENERAL.—If, after a review of the Mr. KIRK) submitted an amendment in- of Public Law 90–284 (commonly known as notice under clause (i), the district court of tended to be proposed by him to the the ‘Indian Civil Rights Act of 1968’) who the United States in which the notice is filed bill S. 47, to reauthorize the Violence seeks removal of the case from a tribal court determines not to order a summary remand Against Women Act of 1994; which was to a district court of the United States shall of the prosecution, the district court of the file in the district court of the United States United States shall— ordered to lie on the table; as follows: for the district and division within which the ‘‘(aa) order an evidentiary hearing to be At the appropriate place, insert the fol- prosecution is pending— held promptly; and lowing:

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00075 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S554 CONGRESSIONAL RECORD — SENATE February 7, 2013 SEC. lll. CAMPUS SAFETY ACT OF 2013. ty and emergency management personnel of moving such subparagraphs, as so redesig- (a) SHORT TITLE.—This section may be institutions of higher education and their nated, 2 ems to the left; cited as the ‘‘Center to Advance, Monitor, campus- and non-campus-based collaborative (3) by redesignating subsection (f) as sub- and Preserve University Security Safety Act partners, including law enforcement, emer- section (g); and of 2013’’ or the ‘‘CAMPUS Safety Act of gency management, mental health services, (4) by inserting after subsection (e) the fol- 2013’’. and other relevant agencies; lowing: (b) NATIONAL CENTER FOR CAMPUS PUBLIC ‘‘(8) disseminate standardized formats and ‘‘(f) REGIONAL STRATEGIES FOR COMBATING SAFETY.—Subpart 1 of part E of title I of the models for mutual aid agreements and TRAFFICKING IN PERSONS.—Each regional bu- Omnibus Crime Control and Safe Streets Act memoranda of understanding between cam- reau in the Department of State shall con- of 1968 (42 U.S.C. 3750 et seq.) is amended— pus security agencies and other public safety tribute to the realization of the anti-traf- (1) in section 501 (42 U.S.C. 3751)— organizations and mental health agencies; ficking goals and objectives of the Secretary (A) in subsection (a)(1)— and of State. By June 30 of each year, in coopera- (i) in the matter preceding subparagraph ‘‘(9) report annually to Congress on activi- tion with the Office to Monitor and Combat (A), by inserting ‘‘or purposes’’ after ‘‘one or ties performed by the Center during the pre- Trafficking, each regional bureau shall sub- more of the following programs’’; and vious 12 months. mit a list of anti-trafficking goals and objec- (ii) by adding at the end the following: ‘‘(d) COORDINATION WITH AVAILABLE RE- tives for each country in its geographic area ‘‘(H) Making subawards to institutions of SOURCES.—In establishing the Center, the At- of responsibility. Host governments shall be higher education and other nonprofit organi- torney General shall— informed of the goals and objectives for their zations to assist the National Center for ‘‘(1) coordinate with the Secretary of particular country by June 30 and, to the ex- Campus Public Safety in carrying out the Homeland Security, the Secretary of Edu- tent possible, host government officials functions of the Center required under sec- cation, and appropriate State or territory of- should contribute to the drafting of the goals tion 509(b).’’; and ficials; and objectives.’’. (B) in subsection (b)— ‘‘(2) ensure coordination with campus pub- SEC. 1202. REGIONAL ANTI-TRAFFICKING OFFI- (i) in paragraph (1), by striking ‘‘or’’ at the lic safety resources within the Department CERS. Section 106 of the Trafficking Victims Pro- end; of Homeland Security, including within the tection Act of 2000 (22 U.S.C. 7104) is amend- (ii) in paragraph (2), by striking the period Federal Emergency Management Agency, ed— and inserting ‘‘; or’’; and and the Department of Education; and (1) by redesignating subsections (e), (f), (g), (iii) by adding at the end the following: ‘‘(3) coordinate within the Department of ‘‘(3) institutions of higher education and (h), and (i) as subsections (f), (g), (h), (i), and Justice and existing grant programs to en- (j), respectively; and other nonprofit organizations, for purposes sure against duplication with the program of carrying out section 509.’’; and (2) by inserting after subsection (d), the authorized by this section. following: (2) by adding at the end the following: ‘‘(e) REPORTING AND ACCOUNTABILITY.—At ‘‘(e) REGIONAL ANTI-TRAFFICKING IN PER- ‘‘SEC. 509. NATIONAL CENTER FOR CAMPUS PUB- the end of each fiscal year, the Attorney SONS OFFICERS.—Under the authority, direc- LIC SAFETY. General shall— tion, and control of the President, the Sec- ‘‘(a) DEFINITION OF INSTITUTION OF HIGHER ‘‘(1) issue a report that assesses the im- retary of State, in accordance with the pro- EDUCATION.—In this section, the term ‘insti- pacts, outcomes and effectiveness of the visions of this Act, and in order to promote tution of higher education’ has the meaning grants distributed to carry out this section; effective bilateral and regional anti-traf- given the term in section 101 of the Higher ‘‘(2) in compiling such report, assess in- ficking diplomacy, public diplomacy initia- Education Act of 1965 (20 U.S.C. 1001). stances of duplicative activity, if any, per- tives, and coordination of programs, is au- ‘‘(b) AUTHORITY TO ESTABLISH AND OPERATE formed through grants distributed to carry thorized— CENTER.—The Attorney General may estab- out this section and other grant programs ‘‘(1) to appoint, at United States embas- lish and operate a National Center for Cam- maintained by the Department of Justice, pus Public Safety (referred to in this section sies, anti-trafficking in persons officers, who the Department of Education, and the De- shall collaborate with other countries to as the ‘Center’). partment of Homeland Security; and ‘‘(c) FUNCTIONS OF THE CENTER.—The Cen- eliminate human trafficking; and ‘‘(3) make such report available on the De- ter shall— ‘‘(2) to assign the officers appointed under partment of Justice website and submit such ‘‘(1) provide quality education and training paragraph (1) to fulfill tasks such as— report to the Senate and House Judiciary for public safety personnel of institutions of ‘‘(A) expanding the anti-trafficking efforts Committees and the Senate and House Ap- higher education and their collaborative of the Office to Monitor and Combat Traf- propriations Committees.’’. ficking in Persons of the Department of partners, including campus mental health (c) RULE OF CONSTRUCTION.—Nothing in agencies; State, including— this section shall preclude public elementary ‘‘(i) maintaining direct contact with the ‘‘(2) foster quality research to strengthen and secondary schools or their larger gov- the safety and security of institutions of Office to Monitor and Combat Trafficking in erning agencies from receiving the informa- Persons; and higher education; tional and training benefits of the National ‘‘(ii) undertaking tasks recommended by ‘‘(3) serve as a clearinghouse for the identi- Center for Campus Public Safety authorized the Director of the Office to Monitor and fication and dissemination of information, under section 509 of the Omnibus Crime Con- Combat Trafficking in Persons; policies, protocols, procedures, and best trol and Safe Streets Act of 1968, as added by ‘‘(B) monitoring trafficking trends in the practices relevant to campus public safety, this Act. region; including off-campus housing safety, the pre- ‘‘(C) assessing compliance with the provi- vention of violence against persons and prop- Mr. LEAHY submitted an SA 21. sions of this Act; erty, and emergency response and evacu- amendment intended to be proposed by ‘‘(D) determining and furthering effective ation procedures; him to the bill S. 47, to reauthorize the anti-trafficking programs and partnerships ‘‘(4) coordinate with the Secretary of Violence Against Women Act of 1994; with foreign governments and foreign non- Homeland Security, the Secretary of Edu- which was ordered to lie on the table; governmental organizations; cation, State, local and tribal governments as follows: ‘‘(E) strengthening diplomatic outreach on and law enforcement agencies, private and trafficking in persons; and nonprofit organizations and associations, At the end, add the following: ‘‘(F) assisting and advising United States and other stakeholders, to develop protocols TITLE XII—TRAFFICKING VICTIMS embassies overseas on their input to the Of- and best practices to prevent, protect PROTECTION fice to Monitor and Combat Trafficking in against and respond to dangerous and violent Subtitle A—Combating International Persons for the preparation of the annual situations involving an immediate threat to Trafficking in Persons Trafficking in Persons Report.’’. the safety of the campus community; SEC. 1201. REGIONAL STRATEGIES FOR COM- SEC. 1203. PARTNERSHIPS AGAINST SIGNIFICANT ‘‘(5) promote the development and dissemi- BATING TRAFFICKING IN PERSONS. TRAFFICKING IN PERSONS. nation of effective behavioral threat assess- Section 105 of the Trafficking Victims Pro- The Trafficking Victims Protection Act of ment and management models to prevent tection Act of 2000 (22 U.S.C. 7103) is amend- 2000 is amended by inserting after section 105 campus violence; ed— (22 U.S.C. 7103) the following: ‘‘(6) identify campus safety information (1) in subsection (d)(7)(J), by striking ‘‘sec- ‘‘SEC. 105A. CREATING, BUILDING, AND (including ways to increase off-campus hous- tion 105(f) of this division’’ and inserting STRENGTHENING PARTNERSHIPS ing safety) and identify resources available ‘‘subsection (g)’’; AGAINST SIGNIFICANT TRAF- from the Department of Justice, the Depart- (2) in subsection (e)(2)— FICKING IN PERSONS. ment of Homeland Security, the Department (A) by striking ‘‘(2) COORDINATION OF CER- ‘‘(a) DECLARATION OF PURPOSE.—The pur- of Education, State, local, and tribal govern- TAIN ACTIVITIES.—’’ and all that follows pose of this section is to promote collabora- ments and law enforcement agencies, and through ‘‘exploitation.’’; tion and cooperation— private and nonprofit organizations and as- (B) by redesignating subparagraph (B) as ‘‘(1) between the United States Govern- sociations; paragraph (2), and moving such paragraph, as ment and governments listed on the annual ‘‘(7) promote cooperation, collaboration, so redesignated, 2 ems to the left; and Trafficking in Persons Report; and consistency in prevention, response, and (C) by redesignating clauses (i) and (ii) as ‘‘(2) between foreign governments and civil problem-solving methods among public safe- subparagraphs (A) and (B), respectively, and society actors; and

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00076 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S555 ‘‘(3) between the United States Govern- ‘‘(B) measurably reduce severe forms of for which assistance was suspended or termi- ment and private sector entities. trafficking in children by building sustain- nated under subparagraph (A).’’. ‘‘(b) PARTNERSHIPS.—The Director, in co- able and effective systems of justice and pro- SEC. 1204. PROTECTION AND ASSISTANCE FOR ordination and cooperation with other offi- tection. VICTIMS OF TRAFFICKING. cials at the Department of State involved in ‘‘(2) ELEMENTS.—A child protection com- (a) TASK FORCE ACTIVITIES.—Section corporate responsibility and global partner- pact under this subsection shall establish a 105(d)(6) of the Trafficking Victims Protec- ships, the Deputy Under Secretary for Inter- multi-year plan for achieving shared objec- tion Act of 2000 (22 U.S.C. 7103(d)(6)) is national Affairs of the Department of Labor, tives in furtherance of the purposes of this amended by inserting ‘‘, and make reason- and other relevant officials of the United Act, and shall describe— able efforts to distribute information to en- States Government, shall promote, build, ‘‘(A) the specific objectives the foreign able all relevant Federal Government agen- and sustain partnerships between the United government and the United States Govern- cies to publicize the National Human Traf- States Government and private entities, in- ment expect to achieve during the term of ficking Resource Center Hotline on their cluding foundations, universities, corpora- the compact; websites, in all headquarters offices, and in tions, community-based organizations, and ‘‘(B) the responsibilities of the foreign gov- all field offices throughout the United other nongovernmental organizations, to en- ernment and the United States Government States’’ before the period at the end. sure that— in the achievement of such objectives; (b) CONGRESSIONAL BRIEFING.—Section ‘‘(1) United States citizens do not use any ‘‘(C) the particular programs or initiatives 107(a)(2) of the Trafficking Victims Protec- item, product, or material produced or ex- to be undertaken in the achievement of such tion Act of 2000 (22 U.S.C. 7105(a)(2)) is tracted with the use and labor from victims objectives and the amount of funding to be amended by inserting ‘‘and shall brief Con- of severe forms of trafficking; and allocated to each program or initiative by gress annually on such efforts’’ before the ‘‘(2) such entities do not contribute to traf- both countries; period at the end. ficking in persons involving sexual exploi- ‘‘(D) regular outcome indicators to mon- SEC. 1205. MINIMUM STANDARDS FOR THE ELIMI- tation. NATION OF TRAFFICKING. ‘‘(c) ADDITIONAL MEASURES TO ENHANCE itor and measure progress toward achieving Section 108(b) of the Trafficking Victims ANTI-TRAFFICKING RESPONSE AND CAPACITY.— such objectives; and The President shall establish and carry out ‘‘(E) a multi-year financial plan, including Protection Act of 2000 (22 U.S.C. 7106(b)) is programs with foreign governments and civil the estimated amount of contributions by amended— society to enhance anti-trafficking response the United States Government and the for- (1) in paragraph (3)— and capacity, including— eign government, and proposed mechanisms (A) by striking ‘‘peacekeeping’’ and insert- ‘‘(1) technical assistance and other support to implement the plan and provide oversight. ing ‘‘diplomatic, peacekeeping,’’; to improve the capacity of foreign govern- ‘‘(3) FORM OF ASSISTANCE.—Assistance (B) by striking ‘‘, and measures’’ and in- ments to investigate, identify, and carry out under this subsection may be provided in the serting ‘‘, a transparent system for remedi- inspections of private entities, including form of grants, cooperative agreements, or ating or punishing such public officials as a labor recruitment centers, at which traf- contracts to or with national governments, deterrent, measures’’; and ficking victims may be exploited, particu- regional or local governmental units, or non- (C) by inserting ‘‘, effective bilateral, mul- larly exploitation involving forced and child governmental organizations or private enti- tilateral, or regional information sharing labor; ties with expertise in the protection of vic- and cooperation arrangements with source, ‘‘(2) technical assistance and other support tims of severe forms of trafficking in per- transit, or destination countries in its traf- for foreign governments and nongovern- sons. ficking route, and effective policies or laws mental organizations to provide immigrant ‘‘(4) ELIGIBLE COUNTRIES.—The Secretary of regulating foreign labor recruiters and hold- populations with information, in the native State, acting through the Office to Monitor ing them civilly and criminally liable for languages of the major immigrant groups of and Combat Trafficking in Persons, and in fraudulent recruiting’’ before the period at such populations, regarding the rights of consultation with the agencies set forth in the end; such populations in the foreign country and paragraph (1) and relevant officers of the De- (2) in paragraph (4), by inserting ‘‘and has local in-country nongovernmental organiza- partment of Justice, shall select countries entered into bilateral, multilateral, or re- tion-operated hotlines; with which to enter into child protection gional law enforcement cooperation and co- ‘‘(3) technical assistance to provide legal compacts. The selection of countries under ordination arrangements with source, tran- frameworks and other programs to foreign this paragraph shall be based on— sit, and destination countries in its traf- governments and nongovernmental organiza- ‘‘(A) the selection criteria set forth in ficking route’’ before the period at the end; tions to ensure that— paragraph (5); and (3) in paragraph (7)— ‘‘(A) foreign migrant workers are provided ‘‘(B) objective, documented, and quantifi- (A) by inserting ‘‘, including diplomats and the same protection as nationals of the for- able indicators, to the maximum extent pos- soldiers,’’ after ‘‘public officials’’; eign country; sible. (B) by striking ‘‘peacekeeping’’ and insert- ‘‘(B) labor recruitment firms are regulated; ‘‘(5) SELECTION CRITERIA.—A country shall ing ‘‘diplomatic, peacekeeping,’’; and and be selected under paragraph (4) on the basis (C) by inserting ‘‘A government’s failure to ‘‘(C) workers providing domestic services of— appropriately address public allegations in households are provided protection under ‘‘(A) a documented high prevalence of traf- against such public officials, especially once labor rights laws; and ficking in persons within the country; and such officials have returned to their home ‘‘(4) assistance to foreign governments to ‘‘(B) demonstrated political will and sus- countries, shall be considered inaction under register vulnerable populations as citizens or tained commitment by the government of these criteria.’’ after ‘‘such trafficking.’’; nationals of the country to reduce the abil- such country to undertake meaningful meas- (4) by redesignating paragraphs (9) through ity of traffickers to exploit such populations, ures to address severe forms of trafficking in (11) as paragraphs (10) through (12), respec- where possible under domestic law. persons, including protection of victims and tively; and ‘‘(d) PROGRAM TO ADDRESS EMERGENCY SIT- the enactment and enforcement of anti-traf- (5) by inserting after paragraph (8) the fol- UATIONS.—The Secretary of State, acting ficking laws against perpetrators. lowing: through the Director of the Office to Monitor ‘‘(6) SUSPENSION AND TERMINATION OF AS- ‘‘(9) Whether the government has entered and Combat Trafficking in Persons, is au- SISTANCE.— into transparent partnerships, cooperative thorized to establish a fund to assist foreign ‘‘(A) IN GENERAL.—The Secretary may sus- arrangements, or agreements with— governments in meeting unexpected, urgent pend or terminate assistance provided under ‘‘(A) domestic civil society organizations needs in prevention of trafficking in persons, this subsection in whole or in part for a or the private sector to assist the govern- protection of victims, and prosecution of country or entity if the Secretary deter- ment’s efforts to prevent trafficking, protect trafficking offenders. mines that— victims, and punish traffickers; or ‘‘(e) CHILD PROTECTION COMPACTS.— ‘‘(i) the country or entity is engaged in ac- ‘‘(B) the United States toward agreed goals ‘‘(1) IN GENERAL.—The Secretary of State, tivities that are contrary to the national se- and objectives in the collective fight against acting through the Director of the Office to curity interests of the United States; trafficking.’’. Monitor and Combat Trafficking in Persons ‘‘(ii) the country or entity has engaged in SEC. 1206. BEST PRACTICES IN TRAFFICKING IN and in consultation with the Bureau of De- a pattern of actions inconsistent with the PERSONS ERADICATION. mocracy, Human Rights, and Labor, the Bu- criteria used to determine the eligibility of Section 110(b) of the Trafficking Victims reau of International Labor Affairs of the the country or entity, as the case may be; or Protection Act of 2000 (22 U.S.C. 7107(b)) is Department of Labor, the United States ‘‘(iii) the country or entity has failed to amended— Agency for International Development, and adhere to its responsibilities under the Com- (1) in paragraph (1)— other relevant agencies, is authorized to pro- pact. (A) by striking ‘‘with respect to the status vide assistance under this section for each ‘‘(B) REINSTATEMENT.—The Secretary may of severe forms of trafficking in persons that country that enters into a child protection reinstate assistance for a country or entity shall include—’’ and inserting ‘‘describing compact with the United States to support suspended or terminated under this para- the anti-trafficking efforts of governments policies and programs that— graph only if the Secretary determines that according to the minimum standards and cri- ‘‘(A) prevent and respond to violence, ex- the country or entity has demonstrated a teria enumerated in section 108, and the na- ploitation, and abuse against children; and commitment to correcting each condition ture and scope of trafficking in persons in

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00077 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S556 CONGRESSIONAL RECORD — SENATE February 7, 2013 each country and analysis of the trend lines the Secretary of State shall make available SEC. 1209A. PRESIDENTIAL AWARD FOR TECHNO- for individual governmental efforts. The re- the video developed under subsection (a) pro- LOGICAL INNOVATIONS TO COMBAT port should include—’’; duced or dubbed in all the languages referred TRAFFICKING IN PERSONS. (B) in subparagraph (B), by striking ‘‘com- to in subsection (c).’’. Section 112B(a) of the Trafficking Victims pliance;’’ and inserting ‘‘compliance, includ- Protection Act of 2000 (22 U.S.C. 7109b(a)) is SEC. 1208. PREVENTION OF CHILD TRAFFICKING amended— ing the identification and mention of govern- THROUGH CHILD MARRIAGE. ments that— (1) in the section heading, by inserting (a) IN GENERAL.—Section 106 of the Traf- ‘‘AND TECHNOLOGICAL INNOVATIONS’’ ‘‘(A) are on such list and have dem- ficking Victims Protection Act of 2000 (22 onstrated exemplary progress in their efforts after ‘‘EXTRAORDINARY EFFORTS’’; U.S.C. 7104), as amended by section 1202, is (2) by inserting ‘‘and technological innova- to reach the minimum standards; or further amended by adding at the end the ‘‘(B) have committed to the Secretary to tions’’ after ‘‘extraordinary efforts.’’; following: accomplish certain actions before the subse- (3) in paragraph (1), by striking ‘‘and’’ at quent year’s annual report in an attempt to ‘‘(k) PREVENTION OF CHILD TRAFFICKING the end; reach full compliance with the minimum THROUGH CHILD MARRIAGE.—The Secretary of (4) in paragraph (2), by striking the period standards;’’; State shall establish and implement a multi- at the end and inserting a semicolon; and (C) in subparagraph (E), by striking ‘‘; year, multi-sectoral strategy— (5) by adding at the end the following: and’’; and inserting a semicolon; ‘‘(1) to prevent child marriage; ‘‘(3) private sector entities; and (D) in subparagraph (F), by striking the pe- ‘‘(2) to promote the empowerment of girls ‘‘(4) national governments or regional and riod at the end and inserting ‘‘; and’’; and at risk of child marriage in developing coun- local governmental units.’’. (E) by inserting at the end the following: tries; ‘‘(3) that should address the unique needs, Subtitle B—Combating Trafficking in ‘‘(G) a section entitled ‘Exemplary Govern- Persons in the United States ments and Practices in the Eradication of vulnerabilities, and potential of girls young- PART I—PENALTIES AGAINST Trafficking in Persons’ to highlight— er than 18 years of age in developing coun- TRAFFICKERS AND OTHER CRIMES ‘‘(i) effective practices and use of innova- tries; tion and technology in prevention, protec- ‘‘(4) that targets areas in developing coun- SEC. 1211. CRIMINAL TRAFFICKING OFFENSES. tion, prosecution, and partnerships, includ- tries with high prevalence of child marriage; (a) RICO AMENDMENT.—Section 1961(1)(B) ing by foreign governments, the private sec- and of title 18, United States Code, is amended by tor, and domestic civil society actors; and ‘‘(5) that includes diplomatic and pro- inserting ‘‘section 1351 (relating to fraud in ‘‘(ii) governments that have shown exem- grammatic initiatives.’’. foreign labor contracting),’’ before ‘‘section plary overall efforts to combat trafficking in (b) INCLUSION OF CHILD MARRIAGE STATUS 1425’’. persons.’’; IN REPORTS.—The Foreign Assistance Act of (b) ENGAGING IN ILLICIT SEXUAL CONDUCT IN (2) by striking paragraph (2); 1961 (22 U.S.C. 2151 et seq.) is amended— FOREIGN PLACES.—Section 2423(c) of title 18, (3) by redesignating paragraphs (3) and (4) (1) in section 116 (22 U.S.C. 2151n), by add- United States Code, is amended by inserting as paragraphs (2) and (3), respectively; and ing at the end the following: ‘‘or resides, either temporarily or perma- (4) in paragraph (2), as redesignated, by ‘‘(g) CHILD MARRIAGE STATUS.— nently, in a foreign country’’ after ‘‘com- adding at the end the following: ‘‘(1) IN GENERAL.—The report required merce’’. ‘‘(E) PUBLIC NOTICE.—Not later than 30 under subsection (d) shall include, for each (c) UNLAWFUL CONDUCT WITH RESPECT TO days after notifying Congress of each coun- country in which child marriage is preva- DOCUMENTS.— try determined to have met the require- lent, a description of the status of the prac- (1) IN GENERAL.—Chapter 77 of title 18, ments under subclauses (I) through (III) of tice of child marriage in such country. United States Code, is amended by adding at subparagraph (D)(ii), the Secretary of State ‘‘(2) DEFINED TERM.—In this subsection, the the end the following: shall provide a detailed description of the term ‘child marriage’ means the marriage of ‘‘§ 1597. Unlawful conduct with respect to im- credible evidence supporting such determina- a girl or boy who is— migration documents tion on a publicly available website main- ‘‘(3) younger than the minimum age for ‘‘(a) DESTRUCTION, CONCEALMENT, REMOVAL, tained by the Department of State.’’. marriage under the laws of the country in CONFISCATION, OR POSSESSION OF IMMIGRATION SEC. 1207. PROTECTIONS FOR DOMESTIC WORK- which such girl or boy is a resident; or DOCUMENTS.—It shall be unlawful for any ERS AND OTHER NONIMMIGRANTS. ‘‘(4) younger than 18 years of age, if no person to knowingly destroy, conceal, re- Section 202 of the William Wilberforce such law exists.’’; and Trafficking Victims Protection Reauthoriza- move, confiscate, or possess, an actual or (2) in section 502B (22 U.S.C. 2304), by add- purported passport or other immigration tion Act of 2008 (8 U.S.C. 1375b) is amended— ing at the end the following: (1) in subsection (a)— document of another individual — ‘‘(i) CHILD MARRIAGE STATUS.— (A) in the subsection heading, by inserting ‘‘(1) in the course of violating section 1351 ‘‘(1) IN GENERAL.—The report required ‘‘AND VIDEO FOR CONSULAR WAITING ROOMS’’ of this title or section 274 of the Immigration under subsection (b) shall include, for each after ‘‘INFORMATION PAMPHLET’’; and and Nationality Act (8 U.S.C. 1324); country in which child marriage is preva- (B) in paragraph (1)— ‘‘(2) with intent to violate section 1351 of lent, a description of the status of the prac- (i) by inserting ‘‘and video’’ after ‘‘infor- this title or section 274 of the Immigration tice of child marriage in such country. mation pamphlet’’; and and Nationality Act (8 U.S.C. 1324); or ‘‘(2) DEFINED TERM.—In this subsection, the (ii) by adding at the end the following: ‘‘(3) in order to, without lawful authority, term ‘child marriage’ means the marriage of ‘‘The video shall be distributed and shown in maintain, prevent, or restrict the labor of a girl or boy who is— consular waiting rooms in embassies and services of the individual. ‘‘(3) younger than the minimum age for consulates determined to have the greatest ‘‘(b) PENALTY.—Any person who violates marriage under the laws of the country in concentration of employment or education- subsection (a) shall be fined under this title, which such girl or boy is a resident; or based non-immigrant visa applicants, and imprisoned for not more than 1 year, or both. ‘‘(4) younger than 18 years of age, if no where sufficient video facilities exist in ‘‘(c) OBSTRUCTION.—Any person who know- such law exists.’’. waiting or other rooms where applicants ingly obstructs, attempts to obstruct, or in wait or convene. The Secretary of State is SEC. 1209. CHILD SOLDIERS. any way interferes with or prevents the en- authorized to augment video facilities in Section 404 of the William Wilberforce forcement of this section, shall be subject to such consulates or embassies in order to ful- Trafficking Victims Protection Reauthoriza- the penalties described in subsection (b).’’. fill the purposes of this section.’’; tion Act of 2008 (22 U.S.C. 2370c–1) is amend- (2) TECHNICAL AND CONFORMING AMEND- (2) in subsection (b), by inserting ‘‘and ed— MENT.—The table of sections for chapter 77 of video’’ after ‘‘information pamphlet’’; (1) in subsection (a), by striking ‘‘(b), (c), title 18, United States Code, is amended by (3) in subsection (c)— and (d), the authorities contained in section adding at the end the following: (A) in paragraph (1), by inserting ‘‘and 516 or 541 of the Foreign Assistance Act of ‘‘1597. Unlawful conduct with respect to im- produce or dub the video’’ after ‘‘information 1961 (22 U.S.C. 2321j or 2347)’’ and inserting migration documents.’’. pamphlet’’; and ‘‘(b) through (f), the authorities contained in SEC. 1212. CIVIL REMEDIES; CLARIFYING DEFINI- (B) in paragraph (2), by inserting ‘‘and the sections 516, 541, and 551 of the Foreign As- TION. video produced or dubbed’’ after ‘‘trans- sistance Act of 1961 (22 U.S.C. 2321j, 2347, and (a) CIVIL REMEDY FOR PERSONAL INJU- lated’’; and 2348)’’; and RIES.—Section 2255 of title 18, United States (4) in subsection (d)— (2) by adding at the end the following: Code, is amended— (A) in paragraph (1), by inserting ‘‘and ‘‘(f) EXCEPTION FOR PEACEKEEPING OPER- (1) in subsection (a), by striking ‘‘section video’’ after ‘‘information pamphlet’’; ATIONS.—The limitation set forth in sub- 2241(c)’’ and inserting ‘‘section 1589, 1590, (B) in paragraph (2), by inserting ‘‘and section (a) that relates to section 551 of the 1591, 2241(c)’’; and video’’ after ‘‘information pamphlet’’; and Foreign Assistance Act of 1961 shall not (2) in subsection (b), by striking ‘‘six (C) by adding at the end the following: apply to programs that support military years’’ and inserting ‘‘10 years’’. ‘‘(4) DEADLINE FOR VIDEO DEVELOPMENT AND professionalization, security sector reform, (b) DEFINITION.— DISTRIBUTION.—Not later than 1 year after heightened respect for human rights, peace- (1) IN GENERAL.—Section 103 of the Traf- the date of the enactment of the Violence keeping preparation, or the demobilization ficking Victims Protection Act of 2000 (22 Against Women Reauthorization Act of 2013, and reintegration of child soldiers.’’. U.S.C. 7102) is amended—

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00078 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S557 (A) by redesignating paragraphs (1) ‘‘(B) the number of persons who have been cific needs of minor victims of domestic traf- through (14) as paragraphs (2) through (15), granted continued presence in the United ficking, including actions taken pursuant to respectively; States under section 107(c)(3) during the pre- subsection (f) and section 202(a) of the Traf- (B) by inserting before paragraph (2), as re- ceding fiscal year and the mean and median ficking Victims Protection Reauthorization designated, the following: time taken to adjudicate applications sub- Act of 2005 (42 U.S.C. 14044(a)), and the steps ‘‘(1) ABUSE OR THREATENED ABUSE OF LAW mitted under such section, including the taken to increase cooperation among Fed- OR LEGAL PROCESS.—The term ‘abuse or time from the receipt of an application by eral agencies to ensure the effective and effi- threatened abuse of the legal process’ means law enforcement to the issuance of continued cient use of programs for which the victims the use or threatened use of a law or legal presence, and a description of any efforts are eligible.’’. process, whether administrative, civil, or being taken to reduce the adjudication and SEC. 1232. REPORTING REQUIREMENTS FOR THE criminal, in any manner or for any purpose processing time while ensuring the safe and SECRETARY OF LABOR. for which the law was not designed, in order competent processing of the applications; Section 105(b) of the Trafficking Victims to exert pressure on another person to cause ‘‘(C) the number of persons who have ap- Protection Act of 2005 (22 U.S.C. 7112(b)) is that person to take some action or refrain plied for, been granted, or been denied a visa amended by adding at the end the following: from taking some action.’’; or otherwise provided status under subpara- ‘‘(3) SUBMISSION TO CONGRESS.—Not later (C) in paragraph (14), as redesignated, by graph (T)(i) or (U)(i) of section 101(a)(15) of than December 1, 2014, and every 2 years striking ‘‘paragraph (8)’’ and inserting the Immigration and Nationality Act (8 thereafter, the Secretary of Labor shall sub- ‘‘paragraph (9)’’; and U.S.C. 1101(a)(15)) during the preceding fiscal mit the list developed under paragraph (2)(C) (D) in paragraph (15), as redesignated, by year; to Congress.’’. striking ‘‘paragraph (8) or (9)’’ and inserting ‘‘(D) the number of persons who have ap- SEC. 1233. INFORMATION SHARING TO COMBAT ‘‘paragraph (9) or (10)’’. plied for, been granted, or been denied a visa CHILD LABOR AND SLAVE LABOR. (2) TECHNICAL AND CONFORMING AMEND- or status under clause (ii) of section Section 105(a) of the Trafficking Victims MENTS.— 101(a)(15)(T) of the Immigration and Nation- Protection Act of 2005 (22 U.S.C. 7112(a)) is (A) TRAFFICKING VICTIMS PROTECTION ACT ality Act (8 U.S.C. 1101(a)(15)(T)) during the amended by adding at the end the following: OF 2000.—The Trafficking Victims Protection preceding fiscal year, broken down by the ‘‘(3) INFORMATION SHARING.—The Secretary Act of 2000 (22 U.S.C. 7101 et eq.) is amend- number of such persons described in sub- of State shall, on a regular basis, provide in- ed— clauses (I), (II), and (III) of such clause (ii); formation relating to child labor and forced (i) in section 110(e) (22 U.S.C. 7107(e))— ‘‘(E) the amount of Federal funds expended labor in the production of goods in violation (I) by striking ‘‘section 103(7)(A)’’ and in- in direct benefits paid to individuals de- of international standards to the Depart- serting ‘‘section 103(8)(A)’’; and scribed in subparagraph (D) in conjunction ment of Labor to be used in developing the (II) by striking ‘‘section 103(7)(B)’’ and in- with T visa status; list described in subsection (b)(2)(C).’’. serting ‘‘section 103(8)(B)’’; and ‘‘(F) the number of persons who have ap- SEC. 1234. GOVERNMENT TRAINING EFFORTS TO (ii) in section 113(g)(2) (22 U.S.C. 7110(g)(2)), plied for, been granted, or been denied a visa INCLUDE THE DEPARTMENT OF by striking ‘‘section 103(8)(A)’’ and inserting or status under section 101(a)(15)(U)(i) of the LABOR. ‘‘section 103(9)(A)’’. Immigration and Nationality Act (8 U.S.C. Section 107(c)(4) of the Trafficking Victims (B) NORTH KOREAN HUMAN RIGHTS ACT OF 1101(a)(15)(U)(i)) during the preceding fiscal Protection Act of 2000 (22 U.S.C. 7105(c)(4)) is 2004.—Section 203(b)(2) of the North Korean year; amended— Human Rights Act of 2004 (22 U.S.C. ‘‘(G) the mean and median time in which it (1) in the first sentence, by inserting ‘‘the 7833(b)(2)) is amended by striking ‘‘section takes to adjudicate applications submitted Department of Labor, the Equal Employ- 103(14)’’ and inserting ‘‘section 103(15)’’. under the provisions of law set forth in sub- ment Opportunity Commission,’’ before ‘‘and (C) TRAFFICKING VICTIMS PROTECTION REAU- paragraph (C), including the time between the Department’’; and THORIZATION ACT OF 2005.—Section 207 of the the receipt of an application and the (2) in the second sentence, by inserting ‘‘, Trafficking Victims Protection Reauthoriza- issuance of a visa and work authorization; in consultation with the Secretary of tion Act of 2005 (42 U.S.C. 14044e) is amend- ‘‘(H) any efforts being taken to reduce the Labor,’’ before ‘‘shall provide’’. ed— adjudication and processing time, while en- SEC. 1235. GAO REPORT ON THE USE OF FOREIGN (i) in paragraph (1), by striking ‘‘section suring the safe and competent processing of LABOR CONTRACTORS. 103(8)’’ and inserting ‘‘section 103(9)’’; the applications;’’; (a) IN GENERAL.—Not later than 2 years (ii) in paragraph (2), by striking ‘‘section (3) in subparagraph (N)(iii), as redesig- after the date of the enactment of this Act, 103(9)’’ and inserting ‘‘section 103(10)’’; and nated, by striking ‘‘and’’ at the end; the Comptroller General of the United States shall submit a report on the use of foreign (iii) in paragraph (3), by striking ‘‘section (4) in subparagraph (O), as redesignated, by labor contractors to— 103(3)’’ and inserting ‘‘section 103(4)’’. striking the period at the end and inserting (1) the Committee on the Judiciary of the (D) VIOLENCE AGAINST WOMEN AND DEPART- ‘‘; and’’; and Senate; MENT OF JUSTICE REAUTHORIZATION ACT OF (5) by adding at the end the following: (2) the Committee on Health, Education, 2005.—Section 111(a)(1) of the Violence ‘‘(P) the activities undertaken by Federal Labor, and Pensions of the Senate; Against Women and Department of Justice agencies to train appropriate State, tribal, (3) the Committee on the Judiciary of the Reauthorization Act of 2005 (42 U.S.C. and local government and law enforcement House of Representatives; and 14044f(a)(1)) is amended by striking ‘‘para- officials to identify victims of severe forms (4) the Committee on Education and the graph (8)’’ and inserting ‘‘paragraph (9)’’. of trafficking, including both sex and labor Workforce of the House of Representatives. trafficking; PART II—ENSURING AVAILABILITY OF (b) CONTENTS.—The report under sub- POSSIBLE WITNESSES AND INFORMANTS ‘‘(Q) the activities undertaken by Federal section (a) should, to the extent possible— agencies in cooperation with State, tribal, SEC. 1221. PROTECTIONS FOR TRAFFICKING VIC- (1) address the role and practices of United TIMS WHO COOPERATE WITH LAW and local law enforcement officials to iden- States employers in— ENFORCEMENT. tify, investigate, and prosecute offenses (A) the use of labor recruiters or brokers; Section 101(a)(15)(T)(ii)(III) of the Immi- under sections 1581, 1583, 1584, 1589, 1590, 1592, or gration and Nationality Act (8 U.S.C. and 1594 of title 18, United States Code, or (B) directly recruiting foreign workers; 1101(a)(15)(T)(ii)(III) is amended by inserting equivalent State offenses, including, in each (2) analyze the laws that protect such ‘‘, or any adult or minor children of a deriva- fiscal year— workers, both overseas and domestically; tive beneficiary of the alien, as’’ after ‘‘age’’. ‘‘(i) the number, age, gender, country of or- (3) describe the oversight and enforcement SEC. 1222. PROTECTION AGAINST FRAUD IN FOR- igin, and citizenship status of victims identi- mechanisms in Federal departments and EIGN LABOR CONTRACTING. fied for each offense; agencies for such laws; and Section 101(a)(15)(U)(iii) of the Immigra- ‘‘(ii) the number of individuals charged, (4) identify any gaps that may exist in tion and Nationality Act (8 U.S.C. and the number of individuals convicted, these protections; and 1101(a)(15)(U)(iii)) is amended by inserting under each offense; (5) recommend possible actions for Federal ‘‘fraud in foreign labor contracting (as de- ‘‘(iii) the number of individuals referred for departments and agencies to combat any fined in section 1351 of title 18, United States prosecution for State offenses, including of- abuses. Code);’’ after ‘‘perjury;’’. fenses relating to the purchasing of commer- (c) REQUIREMENTS.—The report under sub- PART III—ENSURING INTERAGENCY CO- cial sex acts; section (a) shall— ORDINATION AND EXPANDED REPORT- ‘‘(iv) the number of victims granted con- (1) describe the role of labor recruiters or ING tinued presence in the United States under brokers working in countries that are send- SEC. 1231. REPORTING REQUIREMENTS FOR THE section 107(c)(3); and ing workers and receiving funds, including ATTORNEY GENERAL. ‘‘(v) the number of victims granted a visa any identified involvement in labor abuses; Section 105(d)(7) of the Trafficking Victims or otherwise provided status under subpara- (2) describe the role and practices of em- Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is graph (T)(i) or (U)(i) of section 101(a)(15) of ployers in the United States that commis- amended— the Immigration and Nationality Act (8 sion labor recruiters or brokers or directly (1) by redesignating subparagraphs (D) U.S.C. 1101(a)(15)); and recruit foreign workers; through (J) as subparagraphs (I) through (O); ‘‘(R) the activities undertaken by the De- (3) describe the role of Federal depart- (2) by striking subparagraphs (B) and (C) partment of Justice and the Department of ments and agencies in overseeing and regu- and inserting the following: Health and Human Services to meet the spe- lating the foreign labor recruitment process,

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including certifying and enforcing under ex- (B) PROHIBITION.—The Attorney General ‘‘SEC. 202. ESTABLISHMENT OF A GRANT PRO- isting regulations; may not award a grant under this title or an GRAM TO DEVELOP, EXPAND, AND (4) describe the type of jobs and the num- Act amended by this title to a nonprofit or- STRENGTHEN ASSISTANCE PRO- GRAMS FOR CERTAIN PERSONS SUB- bers of positions in the United States that ganization that holds money in offshore ac- JECT TO TRAFFICKING. have been filled through foreign workers dur- counts for the purpose of avoiding paying the ‘‘(a) DEFINITIONS.—In this section: ing each of the last 8 years, including posi- tax described in section 511(a) of the Internal ‘‘(1) ASSISTANT SECRETARY.—The term ‘As- tions within the Federal Government; Revenue Code of 1986. sistant Secretary’ means the Assistant Sec- (5) describe any efforts or programs under- (C) DISCLOSURE.—Each nonprofit organiza- retary for Children and Families of the De- taken by Federal, State and local govern- tion that is awarded a grant under this title partment of Health and Human Services. ment entities to encourage employers, di- or an Act amended by this title and uses the ‘‘(2) ASSISTANT ATTORNEY GENERAL.—The rectly or indirectly, to use foreign workers procedures prescribed in regulations to cre- term ‘Assistant Attorney General’ means the or to reward employers for using foreign ate a rebuttable presumption of reasonable- Assistant Attorney General for the Office of workers; and ness for the compensation of its officers, di- Justice Programs of the Department of Jus- (6) based on the information required under rectors, trustees and key employees, shall tice. paragraphs (1) through (3), identify any com- disclose to the Attorney General, in the ap- ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible mon abuses of foreign workers and the em- plication for the grant, the process for deter- entity’ means a State or unit of local gov- ployment system, including the use of fees mining such compensation, including the ernment that— and debts, and recommendations of actions independent persons involved in reviewing ‘‘(A) has significant criminal activity in- that could be taken by Federal departments and approving such compensation, the com- volving sex trafficking of minors; and agencies to combat any identified parability data used, and contemporaneous ‘‘(B) has demonstrated cooperation be- abuses. substantiation of the deliberation and deci- tween Federal, State, local, and, where ap- SEC. 1236. ACCOUNTABILITY. sion. Upon request, the Attorney General plicable, tribal law enforcement agencies, All grants awarded by the Attorney Gen- shall make the information disclosed under prosecutors, and social service providers in eral under this title or an Act amended by this subparagraph available for public in- addressing sex trafficking of minors; this title shall be subject to the following ac- spection. ‘‘(C) has developed a workable, multi-dis- countability provisions: (3) CONFERENCE EXPENDITURES.— ciplinary plan to combat sex trafficking of (1) AUDIT REQUIREMENT.— (A) LIMITATION.—No amounts authorized to minors, including— (A) DEFINITION.—In this paragraph, the be appropriated to the Department of Justice ‘‘(i) building or establishing a residential term ‘‘unresolved audit finding’’ means an under this title or an Act amended by this care facility for minor victims of sex traf- audit report finding in the final audit report title may be used by the Attorney General, ficking; of the Inspector General of the Department or by any individual or entity awarded dis- ‘‘(ii) the provision of rehabilitative care to of Justice that the grantee has used grant cretionary funds through a cooperative minor victims of sex trafficking; funds for an unauthorized expenditure or agreement under this title or an Act amend- ‘‘(iii) the provision of specialized training otherwise unallowable cost that is not closed ed by this title, to host or support any ex- for law enforcement officers and social serv- or resolved during the 12-month period be- penditure for conferences that uses more ice providers for all forms of sex trafficking, ginning on the date on which the final audit than $20,000 in funds made available to the with a focus on sex trafficking of minors; report is issued Department of Justice, unless the Deputy ‘‘(iv) prevention, deterrence, and prosecu- (B) REQUIREMENT.—Beginning in the first Attorney General or the appropriate Assist- tion of offenses involving sex trafficking of fiscal year beginning after the date of enact- ant Attorney General, Director, or principal minors; ment of this Act, and in each fiscal year deputy (as designated by the Deputy Attor- ‘‘(v) cooperation or referral agreements thereafter, the Inspector General of the De- ney General) provides prior written author- with organizations providing outreach or partment of Justice shall conduct audits of ization that the funds may be expended to other related services to runaway and home- recipients of grants under this title or an host the conference. less youth; and Act amended by this title to prevent waste, (B) WRITTEN APPROVAL.—Written approval ‘‘(vi) law enforcement protocols or proce- fraud, and abuse of funds by grantees. The under subparagraph (A) shall include a writ- dures to screen all individuals arrested for Inspector General shall determine the appro- ten estimate of all costs associated with the prostitution, whether adult or minor, for vic- priate number of grantees to be audited each conference, including the cost of all food, timization by sex trafficking and by other year. beverages, audio-visual equipment, hono- crimes, such as sexual assault and domestic (C) MANDATORY EXCLUSION.—A recipient of raria for speakers, and entertainment. violence; and grant funds under this title or an Act amend- (C) REPORT.—The Deputy Attorney General ‘‘(D) provides assurance that a minor vic- ed by this title that is found to have an unre- shall submit an annual report to the Com- tim of sex trafficking shall not be required solved audit finding shall not be eligible to mittee on the Judiciary of the Senate and to collaborate with law enforcement to have receive grant funds under this title or an Act the Committee on the Judiciary of the House access to residential care or services pro- amended by this title during the first 2 fiscal of Representatives on all conference expendi- vided with a grant under this section. years beginning after the end of the 12- tures approved under this paragraph. ‘‘(4) MINOR VICTIM OF SEX TRAFFICKING.— month period described in subparagraph (A). (4) ANNUAL CERTIFICATION.—Beginning in The term ‘minor victim of sex trafficking’ (D) PRIORITY.—In awarding grants under the first fiscal year beginning after the date means an individual who— this title or an Act amended by this title, of enactment of this Act, the Attorney Gen- ‘‘(A) is younger than 18 years of age, and is the Attorney General shall give priority to eral shall submit, to the Committee on the a victim of an offense described in section eligible applicants that did not have an unre- Judiciary and the Committee on Appropria- 1591(a) of title 18, United States Code, or a solved audit finding during the 3 fiscal years tions of the Senate and the Committee on comparable State law; or before submitting an application for a grant the Judiciary and the Committee on Appro- ‘‘(B)(i) is not younger than 18 years of age under this title or an Act amended by this priations of the House of Representatives, an nor older than 20 years of age; title. annual certification indicating whether— ‘‘(ii) before the individual reached 18 years (E) REIMBURSEMENT.—If an entity is award- (A) all audits issued by the Office of the In- of age, was described in subparagraph (A); ed grant funds under this title or an Act spector General under paragraph (1) have and amended by this title during the 2-fiscal-year been completed and reviewed by the appro- ‘‘(iii) was receiving shelter or services as a period during which the entity is barred priate Assistant Attorney General or Direc- minor victim of sex trafficking. from receiving grants under subparagraph tor; ‘‘(5) QUALIFIED NONGOVERNMENTAL ORGANI- (C), the Attorney General shall— (B) all mandatory exclusions required ZATION.—The term ‘qualified nongovern- (i) deposit an amount equal to the amount under paragraph (1)(C) have been issued; mental organization’ means an organization of the grant funds that were improperly (C) all reimbursements required under that— awarded to the grantee into the General paragraph (1)(E) have been made; and ‘‘(A) is not a State or unit of local govern- Fund of the Treasury; and (D) includes a list of any grant recipients ment, or an agency of a State or unit of local (ii) seek to recoup the costs of the repay- excluded under paragraph (1) from the pre- government; ment to the fund from the grant recipient vious year. ‘‘(B) has demonstrated experience pro- that was erroneously awarded grant funds. viding services to victims of sex trafficking (2) NONPROFIT ORGANIZATION REQUIRE- PART IV—ENHANCING STATE AND LOCAL or related populations (such as runaway and MENTS.— EFFORTS TO COMBAT TRAFFICKING IN homeless youth), or employs staff specialized (A) DEFINITION.—For purposes of this para- PERSONS in the treatment of sex trafficking victims; graph and the grant programs under this SEC. 1241. ASSISTANCE FOR DOMESTIC MINOR and title or an Act amended by this title, the SEX TRAFFICKING VICTIMS. ‘‘(C) demonstrates a plan to sustain the term ‘‘nonprofit organization’’ means an or- provision of services beyond the period of a ganization that is described in section (a) IN GENERAL.—Section 202 of the Traf- grant awarded under this section. 501(c)(3) of the Internal Revenue Code of 1986 ficking Victims Protection Reauthorization ‘‘(6) SEX TRAFFICKING OF A MINOR.—The and is exempt from taxation under section Act of 2005 (42 U.S.C. 14044a) is amended to term ‘sex trafficking of a minor’ means an 501(a) of such Code. read as follows: offense described in section 1591(a) of title 18,

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00080 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S559 United States Code, or a comparable State attempting to purchase sex acts in cases this Act, the Comptroller General of the law, against a minor. where— United States shall submit a report to Con- ‘‘(b) SEX TRAFFICKING BLOCK GRANTS.— ‘‘(I) a treatment program can be mandated gress that contains— ‘‘(1) GRANTS AUTHORIZED.— as a condition of a sentence, fine, suspended ‘‘(1) an evaluation of the impact of this ‘‘(A) IN GENERAL.—The Assistant Attorney sentence, or probation, or is an appropriate section in aiding minor victims of sex traf- General, in consultation with the Assistant alternative to criminal prosecution; and ficking in the jurisdiction of the entity re- Secretary, may make block grants to 4 eligi- ‘‘(II) the individual was not charged with ceiving the grant; and ble entities located in different regions of purchasing or attempting to purchase sex ‘‘(2) recommendations, if any, regarding the United States to combat sex trafficking acts with a minor; and any legislative or administrative action the of minors. ‘‘(x) screening and referral of minor vic- Comptroller General determines appro- priate.’’. ‘‘(B) REQUIREMENT.—Not fewer than 1 of tims of severe forms of trafficking in per- (b) SUNSET PROVISION.—The amendment the block grants made under subparagraph sons. made by subsection (a) shall be effective dur- (A) shall be awarded to an eligible entity ‘‘(3) APPLICATION.— ‘‘(A) IN GENERAL.—Each eligible entity de- ing the 4-year period beginning on the date with a State population of less than 5,000,000. of the enactment of this Act. ‘‘(C) GRANT AMOUNT.—Subject to the avail- siring a grant under this section shall sub- SEC. 1242. EXPANDING LOCAL LAW ENFORCE- ability of appropriations under subsection (g) mit an application to the Assistant Attorney General at such time, in such manner, and MENT GRANTS FOR INVESTIGATIONS to carry out this section, each grant made AND PROSECUTIONS OF TRAF- under this section shall be for an amount not accompanied by such information as the As- FICKING. less than $1,500,000 and not greater than sistant Attorney General may reasonably re- Section 204 of the Trafficking Victims Pro- $2,000,000. quire. tection Reauthorization Act of 2005 (42 ‘‘(D) DURATION.— ‘‘(B) CONTENTS.—Each application sub- U.S.C. 14044c) is amended— ‘‘(i) IN GENERAL.—A grant made under this mitted pursuant to subparagraph (A) shall— (1) in subsection (a)(1)— section shall be for a period of 1 year. ‘‘(i) describe the activities for which assist- (A) in subparagraph (A), by striking ‘‘, ‘‘(ii) RENEWAL.— ance under this section is sought; and which involve United States citizens, or ‘‘(I) IN GENERAL.—The Assistant Attorney ‘‘(ii) provide such additional assurances as aliens admitted for permanent residence, General may renew a grant under this sec- the Assistant Attorney General determines and’’; tion for up to 3 1-year periods. to be essential to ensure compliance with the (B) by redesignating subparagraphs (B), ‘‘(II) PRIORITY.—In making grants in any requirements of this section. (C), and (D) as subparagraphs (C), (D), and fiscal year after the first fiscal year in which ‘‘(4) EVALUATION.—The Assistant Attorney (E), respectively; and grants are made under this section, the As- General shall enter into a contract with an (C) by inserting after subparagraph (A) the sistant Attorney General shall give priority academic or non-profit organization that has following: to an eligible entity that received a grant in experience in issues related to sex traf- ‘‘(B) to train law enforcement personnel the preceding fiscal year and is eligible for ficking of minors and evaluation of grant how to identify victims of severe forms of renewal under this subparagraph, taking programs to conduct an annual evaluation of trafficking in persons and related offenses;’’; into account any evaluation of the eligible each grant made under this section to deter- and entity conducted under paragraph (4), if mine the impact and effectiveness of pro- (D) in subparagraph (C), as redesignated, available. grams funded with the grant. by inserting ‘‘and prioritize the investiga- ‘‘(c) MANDATORY EXCLUSION.—An eligible ‘‘(E) CONSULTATION.—In carrying out this tions and prosecutions of those cases involv- section, the Assistant Attorney General entity that receives a grant under this sec- ing minor victims’’ after ‘‘sex acts’’; tion that is found to have utilized grant shall consult with the Assistant Secretary (2) by redesignating subsection (d) as sub- funds for any unauthorized expenditure or with respect to— section (e); otherwise unallowable cost shall not be eligi- ‘‘(i) evaluations of grant recipients under (3) by inserting after subsection (c) the fol- ble for any grant funds awarded under the paragraph (4); lowing: grant for 2 fiscal years following the year in ‘‘(ii) avoiding unintentional duplication of ‘‘(d) NO LIMITATION ON SECTION 202 GRANT which the unauthorized expenditure or unal- APPLICATIONS.—An entity that applies for a grants; and lowable cost is reported. ‘‘(iii) any other areas of shared concern. grant under section 202 is not prohibited ‘‘(d) COMPLIANCE REQUIREMENT.—An eligi- from also applying for a grant under this sec- ‘‘(2) USE OF FUNDS.— ble entity shall not be eligible to receive a tion.’’; ‘‘(A) ALLOCATION.—Not less than 67 percent grant under this section if, during the 5 fis- (4) in subsection (e), as redesignated, by of each grant made under paragraph (1) shall cal years before the eligible entity submits striking ‘‘$20,000,000 for each of the fiscal be used by the eligible entity to provide resi- an application for the grant, the eligible en- years 2008 through 2011’’ and inserting dential care and services (as described in tity has been found to have violated the ‘‘$10,000,000 for each of the fiscal years 2014 clauses (i) through (iv) of subparagraph (B)) terms or conditions of a Government grant through 2017’’; and to minor victims of sex trafficking through program by utilizing grant funds for unau- (5) by adding at the end the following: qualified nongovernmental organizations. thorized expenditures or otherwise unallow- ‘‘(f) GAO EVALUATION AND REPORT.—Not ‘‘(B) AUTHORIZED ACTIVITIES.—Grants able costs. later than 30 months after the date of enact- awarded pursuant to paragraph (2) may be ‘‘(e) ADMINISTRATIVE CAP.—The cost of ad- ment of this Act, the Comptroller General of used for— ministering the grants authorized by this the United States shall conduct a study of ‘‘(i) providing residential care to minor section shall not exceed 3 percent of the and submit to Congress a report evaluating victims of sex trafficking, including tem- total amount appropriated to carry out this the impact of this section on— porary or long-term placement as appro- section. ‘‘(1) the ability of law enforcement per- ‘‘(f) AUDIT REQUIREMENT.—For fiscal years priate; sonnel to identify victims of severe forms of 2016 and 2017, the Inspector General of the ‘‘(ii) providing 24-hour emergency social trafficking in persons and investigate and Department of Justice shall conduct an services response for minor victims of sex prosecute cases against offenders, including trafficking; audit of all 4 eligible entities that receive block grants under this section. offenders who engage in the purchasing of ‘‘(iii) providing minor victims of sex traf- commercial sex acts with a minor; and ficking with clothing and other daily neces- ‘‘(g) MATCH REQUIREMENT.—An eligible en- tity that receives a grant under this section ‘‘(2) recommendations, if any, regarding sities needed to keep such victims from re- shall provide a non-Federal match in an any legislative or administrative action the turning to living on the street; amount equal to not less than— Comptroller General determines appropriate ‘‘(iv) case management services for minor ‘‘(1) 15 percent of the grant during the first to improve the ability described in para- victims of sex trafficking; year; graph (1).’’. ‘‘(v) mental health counseling for minor ‘‘(2) 25 percent of the grant during the first SEC. 1243. MODEL STATE CRIMINAL LAW PRO- victims of sex trafficking, including special- renewal period; TECTION FOR CHILD TRAFFICKING ized counseling and substance abuse treat- ‘‘(3) 40 percent of the grant during the sec- VICTIMS AND SURVIVORS. ment; Section 225(b) of the Trafficking Victims ond renewal period; and ‘‘(vi) legal services for minor victims of sex Reauthorization Act of 2008 (22 U.S.C. 7101 ‘‘(4) 50 percent of the grant during the trafficking; note) is amended— third renewal period. ‘‘(vii) specialized training for social service (1) in paragraph (1), by striking ‘‘and’’ at ‘‘(h) NO LIMITATION ON SECTION 204 providers, public sector personnel, and pri- the end; GRANTS.—An entity that applies for a grant vate sector personnel likely to encounter sex under section 204 is not prohibited from also (2) by redesignating paragraph (2) as para- trafficking victims on issues related to the applying for a grant under this section. graph (3); and sex trafficking of minors and severe forms of ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— (3) by inserting after paragraph (1) the fol- trafficking in persons; There are authorized to be appropriated lowing: ‘‘(viii) outreach and education programs to $8,000,000 to the Attorney General for each of ‘‘(2) protects children exploited through provide information about deterrence and the fiscal years 2014 through 2017 to carry prostitution by including safe harbor provi- prevention of sex trafficking of minors; out this section. sions that— ‘‘(ix) programs to provide treatment to in- ‘‘(j) GAO EVALUATION.—Not later than 30 ‘‘(A) treat an individual under 18 years of dividuals charged or cited with purchasing or months after the date of the enactment of age who has been arrested for engaging in, or

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00081 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S560 CONGRESSIONAL RECORD — SENATE February 7, 2013 attempting to engage in, a sexual act with (ii) in paragraph (2), by striking than 50 children are held in immigration cus- another person in exchange for monetary ‘‘$15,000,000 for each of the fiscal years 2008 tody, and shall be selected sequentially, with compensation as a victim of a severe form of through 2011’’ and inserting ‘‘$7,500,000 for priority given to locations with— trafficking in persons; each of the fiscal years 2014 through 2017’’; ‘‘(I) the largest number of unaccompanied ‘‘(B) prohibit the charging or prosecution (F) in subsection (f), by striking alien children; and of an individual described in subparagraph ‘‘$10,000,000 for each of the fiscal years 2008 ‘‘(II) the most vulnerable populations of (A) for a prostitution offense; through 2011’’ and inserting ‘‘$5,000,000 for unaccompanied children. ‘‘(C) require the referral of an individual each of the fiscal years 2014 through 2017’’; ‘‘(C) RESTRICTIONS.— described in subparagraph (A) to appropriate and ‘‘(i) ADMINISTRATIVE EXPENSES.—A child service providers, including comprehensive (G) in subsection (i), by striking advocate program may not use more that 10 service or community-based programs that ‘‘$18,000,000 for each of the fiscal years 2008 percent of the Federal funds received under provide assistance to child victims of com- through 2011’’ and inserting ‘‘$10,000,000 for this section for administrative expenses. mercial sexual exploitation; and each of the fiscal years 2014 through 2017’’. ‘‘(ii) NONEXCLUSIVITY.—Nothing in this sec- ‘‘(D) provide that an individual described SEC. 1252. ADJUSTMENT OF AUTHORIZATION tion may be construed to restrict the ability in subparagraph (A) shall not be required to LEVELS FOR THE TRAFFICKING VIC- of a child advocate program under this sec- prove fraud, force, or coercion in order to re- TIMS PROTECTION REAUTHORIZA- tion to apply for or obtain funding from any ceive the protections described under this TION ACT OF 2005. other source to carry out the programs de- paragraph;’’. The Trafficking Victims Protection Reau- scribed in this section. Subtitle C—Authorization of Appropriations thorization Act of 2005 (Public Law 109–164) is ‘‘(iii) CONTRIBUTION OF FUNDS.—A child ad- amended— vocate program selected under this section SEC. 1251. ADJUSTMENT OF AUTHORIZATION (1) by striking section 102(b)(7); and LEVELS FOR THE TRAFFICKING VIC- shall contribute non-Federal funds, either di- TIMS PROTECTION ACT OF 2000. (2) in section 201(c)(2), by striking rectly or through in-kind contributions, to The Trafficking Victims Protection Act of ‘‘$1,000,000 for each of the fiscal years 2008 the costs of the child advocate program in an 2000 (22 U.S.C. 7101 et seq.) is amended— through 2011’’ and inserting ‘‘$250,000 for each amount that is not less than 25 percent of (1) in section 112A(b)(4) (22 U.S.C. of the fiscal years 2014 through 2017’’. the total amount of Federal funds received 7109a(b)(4))— Subtitle D—Unaccompanied Alien Children by the child advocate program under this (A) by striking ‘‘$2,000,000’’ and inserting SEC. 1261. APPROPRIATE CUSTODIAL SETTINGS section. In-kind contributions may not ex- ‘‘$1,000,000’’; and FOR UNACCOMPANIED MINORS WHO ceed 40 percent of the matching requirement (B) by striking ‘‘2008 through 2011’’ and in- REACH THE AGE OF MAJORITY under this clause. serting ‘‘2014 through 2017’’; and WHILE IN FEDERAL CUSTODY. ‘‘(D) ANNUAL REPORT TO CONGRESS.—Not (2) in section 113 (22 U.S.C. 7110)— Section 235(c)(2) of the William Wilberforce later than 1 year after the date of the enact- (A) subsection (a)— Trafficking Victims Protection Reauthoriza- ment of the Violence Against Women Reau- (i) by striking ‘‘$5,500,000 for each of the tion Act of 2008 (8 U.S.C. 1232(c)(2)) is amend- thorization Act of 2013, and annually there- fiscal years 2008 through 2011’’ each place it ed— after, the Secretary of Health and Human appears and inserting ‘‘$2,000,000 for each of (1) by striking ‘‘Subject to’’ and inserting Services shall submit a report describing the the fiscal years 2014 through 2017’’; the following: activities undertaken by the Secretary to (ii) by inserting ‘‘, including regional traf- ‘‘(A) MINORS IN DEPARTMENT OF HEALTH AND authorize the appointment of independent ficking in persons officers,’’ after ‘‘for addi- HUMAN SERVICES CUSTODY.—Subject to’’; and Child Advocates for trafficking victims and tional personnel,’’; and (2) by adding at the end the following: vulnerable unaccompanied alien children to (iii) by striking ‘‘, and $3,000 for official re- ‘‘(B) ALIENS TRANSFERRED FROM DEPART- the Committee on the Judiciary of the Sen- ception and representation expenses’’; MENT OF HEALTH AND HUMAN SERVICES TO DE- ate and the Committee on the Judiciary of (B) in subsection (b)— PARTMENT OF HOMELAND SECURITY CUSTODY.— the House of Representatives. (i) in paragraph (1), by striking ‘‘$12,500,000 If a minor described in subparagraph (A) ‘‘(E) ASSESSMENT OF CHILD ADVOCATE PRO- for each of the fiscal years 2008 through 2011’’ reaches 18 years of age and is transferred to GRAM.— and inserting ‘‘$14,500,000 for each of the fis- the custody of the Secretary of Homeland ‘‘(i) IN GENERAL.—As soon as practicable cal years 2014 through 2017’’; and Security, the Secretary shall consider place- after the date of the enactment of the Vio- (ii) in paragraph (2), by striking ‘‘to the ment in the least restrictive setting avail- lence Against Women Reauthorization Act of Secretary of Health and Human Services’’ able after taking into account the alien’s 2013, the Comptroller General of the United and all that follows and inserting ‘‘$8,000,000 danger to self, danger to the community, and States shall conduct a study regarding the to the Secretary of Health and Human Serv- risk of flight. Such aliens shall be eligible to effectiveness of the Child Advocate Program ices for each of the fiscal years 2014 through participate in alternative to detention pro- operated by the Secretary of Health and 2017.’’; grams, utilizing a continuum of alternatives Human Services. (C) in subsection (c)(1)— based on the alien’s need for supervision, ‘‘(ii) MATTERS TO BE STUDIED.—In the study (i) in subparagraph (A), by striking ‘‘2008 which may include placement of the alien required under clause (i), the Comptroller through 2011’’ each place it appears and in- with an individual or an organizational spon- General shall— collect information and ana- serting ‘‘2014 through 2017’’; sor, or in a supervised group home.’’. lyze the following: (ii) in subparagraph (B)— SEC. 1262. APPOINTMENT OF CHILD ADVOCATES ‘‘(I) analyze the effectiveness of existing (I) by striking ‘‘$15,000,000 for fiscal year FOR UNACCOMPANIED MINORS. child advocate programs in improving out- 2003 and $10,000,000 for each of the fiscal Section 235(c)(6) of the William Wilberforce comes for trafficking victims and other vul- years 2008 through 2011’’ and inserting Trafficking Victims Protection Reauthoriza- nerable unaccompanied alien children; ‘‘$10,000,000 for each of the fiscal years 2014 tion Act of 2008 (8 U.S.C. 1232(c)(6)) is amend- ‘‘(II) evaluate the implementation of child through 2017’’; and ed— advocate programs in new sites pursuant to (II) by striking ‘‘2008 through 2011’’ and in- (1) by striking ‘‘The Secretary’’ and insert- subparagraph (B); serting ‘‘2014 through 2017’’; and ing the following: ‘‘(III) evaluate the extent to which eligible (iii) in subparagraph (C), by striking ‘‘2008 ‘‘(A) IN GENERAL.—The Secretary’’; and trafficking victims and other vulnerable un- through 2011’’ and inserting ‘‘2014 through (2) by striking ‘‘and criminal’’; and accompanied children are receiving child ad- 2017’’; (3) by adding at the end the following: vocate services and assess the possible budg- (D) in subsection (d)— ‘‘(B) APPOINTMENT OF CHILD ADVOCATES.— etary implications of increased participation (i) by redesignating subparagraphs (A) ‘‘(i) INITIAL SITES.—Not later than 2 years in the program; through (C) as paragraphs (1) through (3), re- after the date of the enactment of the Vio- ‘‘(IV) evaluate the barriers to improving spectively, and moving such paragraphs 2 lence Against Women Reauthorization Act of outcomes for trafficking victims and other ems to the left; 2013, the Secretary of Health and Human vulnerable unaccompanied children; and (ii) in the paragraph (1), as redesignated, Services shall appoint child advocates at 3 ‘‘(V) make recommendations on statutory by striking ‘‘$10,000,000 for each of the fiscal new immigration detention sites to provide changes to improve the Child Advocate Pro- years 2008 through 2011’’ and inserting independent child advocates for trafficking gram in relation to the matters analyzed ‘‘$11,000,000 for each of the fiscal years 2014 victims and vulnerable unaccompanied alien under subclauses (I) through (IV). through 2017’’; and children. ‘‘(iii) GAO REPORT.—Not later than 3 years (iii) in paragraph (3), as redesignated, by ‘‘(ii) ADDITIONAL SITES.—Not later than 3 after the date of the enactment of this Act, striking ‘‘to the Attorney General’’ and all years after the date of the enactment of the the Comptroller General of the United States that follows and inserting ‘‘$11,000,000 to the Violence Against Women Reauthorization shall submit the results of the study re- Attorney General for each of the fiscal years Act of 2013, the Secretary shall appoint child quired under this subparagraph to— 2014 through 2017.’’; advocates at not more than 3 additional im- ‘‘(I) the Committee on the Judiciary of the (E) in subsection (e)— migration detention sites. Senate; (i) in paragraph (1), by striking ‘‘$15,000,000 ‘‘(iii) SELECTION OF SITES.—Sites at which ‘‘(II) the Committee on Health, Education, for each of the fiscal years 2008 through 2011’’ child advocate programs will be established Labor, and Pensions of the Senate; and inserting ‘‘$7,500,000 for each of the fiscal under this subparagraph shall be located at ‘‘(III) the Committee on the Judiciary of years 2014 through 2017’’; and immigration detention sites at which more the House of Representatives; and

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00082 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S561 ‘‘(IV) the Committee on Education and the Secretary of Health and Human Services; The PRESIDING OFFICER. Without Workforce of the House of Representatives. and objection, it is so ordered. ‘‘(F) AUTHORIZATION OF APPROPRIATIONS.— (vi) children are being transferred to the There are authorized to be appropriated to custody of the Secretary of Health and COMMITTEE ON ENVIRONMENT AND PUBLIC the Secretary and Human Services to carry Human Services in a manner that is con- WORKS out this subsection— sistent with such Act; and Mrs. SHAHEEN. Mr. President, I ask ‘‘(i) $1,000,000 for each of the fiscal years (B) the number of such children that have unanimous consent that the Com- 2014 and 2015; and been transferred to the custody of the De- mittee on Environment and Public ‘‘(ii) $2,000,000 for each of the fiscal years partment of Health and Human Services, the Works be authorized to meet during 2016 and 2017.’’. Federal funds expended to maintain custody the session of the Senate on February of such children, and the Federal benefits SEC. 1263. ACCESS TO FEDERAL FOSTER CARE 7, 2013, at 10:30 a.m., in room 406 of the AND UNACCOMPANIED REFUGEE available to such children, if any. MINOR PROTECTIONS FOR CERTAIN (3) ACCESS TO DEPARTMENT OF HOMELAND Dirksen Senate office building, to con- U VISA RECIPIENTS. SECURITY OPERATIONS.— duct a hearing entitled ‘‘Oversight Section 235(d)(4) of the William Wilberforce (A) IN GENERAL.—Except as provided in Hearing on Implementation of Corps of Trafficking Victims Protection Reauthoriza- subparagraph (B), for the purposes of con- Engineers Water Resources Policies.’’ tion Act of 2008 (8 U.S.C. 1232(d)(4)) is amend- ducting the study described in subsection (a), The PRESIDING OFFICER. Without ed— the Secretary shall provide the Comptroller (1) in subparagraph (A), General with unrestricted access to all objection, it is so ordered. (A) by striking ‘‘either’’; stages of screenings and other interactions COMMITTEE ON HEALTH, EDUCATION, LABOR, (B) by striking ‘‘or who’’ and inserting a between Department of Homeland Security AND PENSIONS comma; and personnel and children encountered by the Mrs. SHAHEEN. Mr. President, I ask (C) by inserting ‘‘, or has been granted sta- Comptroller General. unanimous consent that the Com- tus under section 101(a)(15)(U) of the Immi- (B) EXCEPTIONS.—The Secretary shall not gration and Nationality Act (8 U.S.C. permit unrestricted access under subpara- mittee on Health, Education, Labor, 1101(a)(15)(U)),’’ before ‘‘, shall be eligible’’; graph (A) if the Secretary determines that and Pensions be authorized to meet and the security of a particular interaction during the session of the Senate, to (2) in subparagraph (B), by inserting ‘‘, or would be threatened by such access. conduct a hearing entitled ‘‘No Child status under section 101(a)(15)(U) of the Im- (b) REPORT TO CONGRESS.—Not later than 2 Left Behind: Early Lessons from State migration and Nationality Act (8 U.S.C. years after the date of the commencement of Flexibility Waivers’’ on February 7, 1101(a)(15)(U)),’’ after ‘‘(8 U.S.C. the study described in subsection (a), the 2013, at 10:00 am, in room 216 of the 1101(a)(27)(J))’’. Comptroller General of the United States Hart Senate Office Building. SEC. 1264. GAO STUDY OF THE EFFECTIVENESS shall submit a report to the Committee on OF BORDER SCREENINGS. the Judiciary of the Senate and the Com- The PRESIDING OFFICER. Without (a) STUDY.— mittee on the Judiciary of the House of Rep- objection, it is so ordered. (1) IN GENERAL.—The Comptroller General resentatives that contains the Commission’s COMMITTEE ON THE JUDICIARY findings and recommendations. of the United States shall conduct a study Mrs. SHAHEEN. Mr. President, I ask examining the effectiveness of screenings f unanimous consent that the Com- conducted by Department of Homeland Secu- rity personnel in carrying out section NOTICE OF HEARING mittee on the Judiciary be authorized to meet during the session of the Sen- 235(a)(4) of the William Wilberforce Traf- Mr. WYDEN. Mr. President, this is to ficking Victims Protection Reauthorization ate on February 7, 2013, at 10:30 a.m., in advise you that the Senate Committee Act of 2008 (8 U.S.C. 1232(a)(4)). SD–216 of the Dirksen Senate Office on Energy and Natural Resources will (2) STUDY.—In carrying out paragraph (1), Building, to conduct an executive hold a business meeting on Tuesday, the Comptroller General shall take into ac- meeting. count— February 12, 2013, at 9:45 a.m., in room (A) the degree to which Department of SD–366 of the Dirksen Senate Office The PRESIDING OFFICER. Without Homeland Security personnel are adequately Building. objection, it is so ordered. ensuring that— The purpose of the business meeting COMMITTEE ON INTELLIGENCE (i) all children are being screened to deter- is to approve the Committee’s funding Mrs. SHAHEEN. Mr. President, I ask mine whether they are described in section 235(a)(2)(A) of the William Wilberforce Traf- resolution for the 113th Congress, as- unanimous consent that the Com- ficking Victims Protection Reauthorization sign members to subcommittees, and mittee on Intelligence be authorized to Act; approve changes to the Committee’s meet during the session of the Senate (ii) appropriate and reliable determina- rules and questionnaire for executive on February 7, 2013, at 2:30 p.m. tions are being made about whether children nominations. The PRESIDING OFFICER. Without are described in section 235(a)(2)(A) of such For further information, please con- objection, it is so ordered. Act, including determinations of the age of tact Sam Fowler at (202) 224–7571. such children; (iii) children are repatriated in an appro- f f priate manner, consistent with clauses (i) AUTHORITY FOR COMMITTEES TO through (iii) of section 235(a)(2)(C) of such PRIVILEGES OF THE FLOOR Act; MEET (iv) children are appropriately being per- COMMITTEE ON ARMED SERVICES Mr. GRASSLEY. Mr. President, I ask mitted to withdraw their applications for ad- Mrs. SHAHEEN. Mr. President, I ask unanimous consent that Barrett An- mission, in accordance with section unanimous consent that the Com- derson, a fellow in my office, be grant- 235(a)(2)(B)(i) of such Act; ed privileges of the floor during the de- (v) children are being properly cared for mittee on Armed Services be author- while they are in the custody of the Depart- ized to meet during the session of the bate and votes concerning S. 47. ment of Homeland Security and awaiting re- Senate on February 7, 2013, at 10:00 The PRESIDING OFFICER. Without patriation or transfer to the custodyh of the a.m. objection, it is so ordered. FOREIGN TRAVEL FINANCIAL REPORTS In accordance with the appropriate provisions of law, the Secretary of the Senate herewith submits the following re- ports for standing committees of the Senate, certain joint committees of the Congress, delegations and groups, and select and special committees of the Senate, relating to expenses incurred in the performance of authorized foreign travel:

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00083 Fmt 0637 Sfmt 8634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S562 CONGRESSIONAL RECORD — SENATE February 7, 2013 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Rachelle Johnson: Honduras ...... Lempira ...... 160.00 ...... 160.00 Guatemala ...... Quetzal ...... 936.00 ...... 936.00 United States ...... Dollar ...... 6,921.40 ...... 6,921.40 Elizabeth Schmid: Japan ...... Yen ...... 2,053.22 ...... 2,053.22 United States ...... Dollar ...... 12,524.50 ...... 12,524.50 Senator Daniel Inouye:. Japan ...... Yen ...... 1,180.05 ...... 1,180.05 United States ...... Dollar ...... 11,955.50 ...... 11,955.50 Michael Bain: Spain ...... Euro ...... 676.01 ...... 37.00 ...... 713.01 United States ...... Dollar ...... 10,640.04 ...... 10,640.04 Christina Evans: Belgium ...... Euro ...... 898.88 ...... 898.88 Spain ...... Euro ...... 676.01 ...... 676.01 United States ...... Dollar ...... 10,780.60 ...... 10,780.60 Dennis Balkham: Belgium ...... Euro ...... 898.88 ...... 898.88 Spain ...... Euro ...... 676.01 ...... 676.01 United States ...... Dollar ...... 10,700.00 ...... 10,700.00 Stacy McBride: South Africa ...... Rand ...... 1,742.00 ...... 1,742.00 Mozambique ...... Metical ...... 274.00 ...... 274.00 Italy ...... Euro ...... 462.00 ...... 462.00 United States ...... Dollar ...... 14,321.90 ...... 14,321.90 Carlisle Clarke: South Africa ...... Rand ...... 1,742.00 ...... 1,742.00 Mozambique ...... Metical ...... 274.00 ...... 274.00 Italy ...... Euro ...... 462.00 ...... 462.00 United States ...... Dollar ...... 17,945.90 ...... 17,945.90 Paul Grove: Tunisia ...... Dinar ...... 393.22 ...... 393.22 Egypt ...... Pound ...... 856.00 ...... 856.00 United States ...... Dollar ...... 4,802.70 ...... 4,802.70 Delegation Expenses:* Belgium ...... Euro ...... 1,157.62 ...... 1,157.62 Guatemala ...... Quetzal ...... 170.00 ...... 1,972.00 ...... 2,142.00 Japan ...... Yen ...... 12,000.98 ...... 752.82 ...... 12,753.80 South Africa ...... Rand ...... 511.57 ...... 511.57 Tunisia ...... Dinar ...... 56.43 ...... 379.10 ...... 435.53 Egypt ...... Pound ...... 176.00 ...... 176.00 Total ...... 14,360.28 ...... 113,544.52 ...... 4,261.54 ...... 132,166.34 * Delegation expenses include payments and reimbursements to the Department of State under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR BARBARA A. MIKULSKI, Chairman, Committee on Appropriations, Feb. 4. 2013.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Elisabeth Whitbeck: Guatemala ...... Quetzal ...... 871.50 ...... 871.50 Senator Mary Landrieu: Guatemala ...... Quetzal ...... 871.50 ...... 871.50 Rachelle Johnson: Dominican Republic ...... Peso ...... 174.05 ...... 174.05 Haiti ...... Gourde ...... 413.00 ...... 413.00 United States ...... Dollar ...... 1,353.29 ...... 1,353.29 Paul Grove: Dominican Republic ...... Peso ...... 174.05 ...... 174.05 Haiti ...... Gourde ...... 413.00 ...... 413.00 United States ...... Dollar ...... 1,353.29 ...... 1,353.29 Jennifer Santos: Germany ...... Euro ...... 488.73 ...... 488.73 Italy ...... Euro ...... 1,521.97 ...... 646.90 ...... 78.00 ...... 2,246.87 United States ...... Dollar ...... 9,336.40 ...... 9,336.40 Alycia Farrell: Germany ...... Euro ...... 488.73 ...... 488.73 Italy ...... Euro ...... 1,521.98 ...... 1,521.98 United States ...... Dollar ...... 10,119.30 ...... 10,119.30 Teri Spoutz: Germany ...... Euro ...... 488.73 ...... 488.73 Italy ...... Euro ...... 1,521.98 ...... 1,521.98 United States ...... Dollar ...... 10,036.80 ...... 10,036.80 Charlie Houy: United Kingdom ...... Pound ...... 5,352.00 ...... 5,352.00 Gabrielle Batkin: United Kingdom ...... Pound ...... 5,352.00 ...... 5,352.00 Brian Potts: United Kingdom ...... Pound ...... 5,352.00 ...... 5,352.00 Gary Myrick: United Kingdom ...... Pound ...... 5,352.00 ...... 5,352.00 Dave Schiappa: United Kingdom ...... Pound ...... 5,352.00 ...... 5,352.00 Brian Monahan: United Kingdom ...... Pound ...... 5,352.00 ...... 5,352.00 Anne Caldwell: United Kingdom ...... Pound ...... 5,352.00 ...... 5,352.00 Andrew King: United Kingdom ...... Pound ...... 5,352.00 ...... 5,352.00 Senator Richard Shelby: United Kingdom ...... Pound ...... 5,352.00 ...... 5,352.00 Senator Barbara Mikulski: United Kingdom ...... Pound ...... 5,352.00 ...... 5,352.00

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00084 Fmt 0637 Sfmt 8634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S563 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2012—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Lindsey Graham: United Kingdom ...... Pound ...... 5,352.00 ...... 5,352.00 Senator Roy Blunt: United Kingdom ...... Pound ...... 5,352.00 ...... 5,352.00 Senator Jerry Moran: United Kingdom ...... Pound ...... 5,352.00 ...... 5,352.00 Janet Stormes: Ghana ...... Cedi ...... 583.08 ...... 200.00 ...... 783.08 Mali ...... Franc ...... 366.48 ...... 366.48 Liberia ...... Dollar ...... 377.00 ...... 377.00 United States ...... Dollar ...... 10,204.20 ...... 10,204.20 Erik Raven: Australia ...... Dollar ...... 1,231.00 ...... 1,231.00 Thailand ...... Baht ...... 399.00 ...... 399.00 United States ...... Dollar ...... 9,501.00 ...... 9,501.00 Terry Snell: Germany ...... Euro ...... 819.63 ...... 36.00 ...... 855.63 Sweden ...... Krona ...... 1,298.50 ...... 1,298.50 Norway ...... Krone ...... 761.88 ...... 761.88 Senator Daniel Coats: Germany ...... Euro ...... 794.91 ...... 794.91 Sweden ...... Krona ...... 1,289.88 ...... 1,289.88 Norway ...... Krone ...... 747.08 ...... 747.08 David Cleary: Germany ...... Euro ...... 279.25 ...... 279.25 Sweden ...... Krona ...... 483.00 ...... 483.00 Norway ...... Krone ...... 352.00 ...... 352.00 Senator Lamar Alexander: Germany ...... Euro ...... 279.25 ...... 279.25 Sweden ...... Krona ...... 483.00 ...... 483.00 Norway ...... Krone ...... 352.00 ...... 352.00 Laura Friedel: Guatemala ...... Quetzal ...... 226.00 ...... 226.00 Brazil ...... Real ...... 1,956.15 ...... 1,956.15 United States ...... Dollar ...... 8,419.39 ...... 8,419.30 Jennifer Santos: Russia ...... Ruble ...... 1,275.17 ...... 1,275.17 United States ...... Dollar ...... 11,109.90 ...... 102.00 ...... 11,211.90 Alycia Farrell: Russia ...... Ruble ...... 1,275.17 ...... 1,275.17 United States ...... Dollar ...... 11,014.90 ...... 102.00 ...... 11,116.90 Paul Grove: Russia ...... Ruble ...... 684.00 ...... 684.00 Tajikistan ...... Somoni ...... 83.00 ...... 83.00 Azerbaijan ...... Manat ...... 431.13 ...... 431.13 Georgia ...... Lari ...... 146.41 ...... 146.41 United States ...... Dollar ...... 6,190.35 ...... 6,190.35 Leland Cogliani: France ...... Euro ...... 770.60 ...... 770.60 Switzerland ...... Franc ...... 574.40 ...... 243.45 ...... 817.85 United States ...... Dollar ...... 10,874.90 ...... 10,874.90 Kay Webber: Ireland ...... Euro ...... 348.75 ...... 348.75 Greece ...... Euro ...... 577.25 ...... 577.25 Italy ...... Euro ...... 542.31 ...... 542.31 Spain ...... Euro ...... 339.82 ...... 339.82 Portugal ...... Euro ...... 234.94 ...... 234.94 Senator Thad Cochran: Ireland ...... Euro ...... 348.75 ...... 348.75 Greece ...... Euro ...... 577.25 ...... 577.25 Italy ...... Euro ...... 542.31 ...... 542.31 Spain ...... Euro ...... 339.82 ...... 339.82 Portugal ...... Euro ...... 234.94 ...... 234.94 Delegation Expenses:* Brazil ...... Real ...... 1,158.00 ...... 1,400.00 ...... 2,558.00 France ...... Euro ...... 193.45 ...... 193.45 Germany ...... Euro ...... 3,101.36 ...... 3,101.36 Greece ...... Euro ...... 705.54 ...... 705.54 Guatemala ...... Quetzal ...... 1,267.00 ...... 1,267.00 Ireland ...... Euro ...... 899.70 ...... 899.70 Italy ...... Euro ...... 1,886.76 ...... 1,886.76 Norway ...... Krone ...... 3,101.36 ...... 3,101.36 Portugal ...... Euro ...... 568.12 ...... 568.12 Spain ...... Euro ...... 424.68 ...... 424.68 Sweden ...... Krona ...... 3,101.36 ...... 3,101.36 Thailand ...... Bhat ...... 61.24 ...... 100.66 ...... 161.90 United Kingdom ...... Pound ...... 5,434.17 ...... 5,434.17 Total ...... 100,930.33 ...... 101,859.31 ...... 22,466.16 ...... 225,255.80 * Delegation expenses include payments and reimbursements to the Department of State under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR DANIEL K. INOUYE, Chairman, Committee on Appropriations, Nov. 19, 2012.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED FORCES FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Adam J. Barker: United States ...... Dollar ...... 9,797.90 ...... 9,797.90 United Arab Emirates ...... Dollar ...... 1,499.44 ...... 1,499.44 Afghanistan ...... Dollar ...... 34.00 ...... 34.00 Daniel A. Lerner: United States ...... Dollar ...... 8,761.00 ...... 8,761.00 Israel ...... Shekel ...... 1,675.00 ...... 1,675.00 Senator John McCain: United States ...... Dollar ...... 1,712.30 ...... 1,712.30

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00085 Fmt 0637 Sfmt 8634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S564 CONGRESSIONAL RECORD — SENATE February 7, 2013 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED FORCES FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2012—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Canada ...... Dollar ...... 240.43 ...... 240.43 Lucian L. Niemeyer: United States ...... Dollar ...... 9,790.90 ...... 9,790.90 United Arab Emirates ...... Dollar ...... 1,393.44 ...... 1,393.44 Afghanistan ...... Dollar ...... 34.00 ...... 34.00 Senator Mark Udall: Canada ...... Dollar ...... 239.10 ...... 239.10 Christopher Howard: Canada ...... Dollar ...... 92.51 ...... 92.51 Senator John McCain: United States ...... Dollar ...... 15,090.00 ...... 15,090.00 Bahrain ...... Dollar ...... 1,084.00 ...... 1,084.00 Christian D. Brose: Canada ...... Dollar ...... 348.00 ...... 348.00 Bahrain ...... Dollar ...... 302.92 ...... 14,218.00 ...... 14,520.92 Total ...... 6,942.84 ...... 59,370.10 ...... 66,312.94 SENATOR CARL LEVIN, Chairman, Committee on Armed Services, Dec. 21, 2012.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator John Boozman: Czech Republic ...... Koruna ...... 286.45 ...... 286.45 Paul Ordal: United States ...... Dollar ...... 8,965.20 ...... 8,965.20 Qatar ...... Riyal ...... 1,150.52 ...... 1,150.52 TOTAL ...... 1,436.97 ...... 8,965.20 ...... 10,402.17 SENATOR BARBARA BOXER, Chairman, Committee on Environment and Public Works, Jan. 24, 2013.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Ellen Doneski: United States ...... Dollar ...... 12,772.70 ...... 12,772.70 United Arab Emirates ...... Dirham ...... 1,051.78 ...... 1,051.78 John Branscome: United States ...... Dollar ...... 12,772.70 ...... 12,772.70 United Arab Emirates ...... Dirham ...... 987.78 ...... 987.78 Delegation Expenses:* United Arab Emirates ...... Dirham ...... 213.80 ...... 213.80 Total ...... 2,039.56 ...... 25,545.40 ...... 213.80 ...... 27,798.76 * Delegation expenses include payments and reimbursements to the Department of State under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR JOHN D. ROCKEFELLER IV, Chairman, Committee on Commerce, Science, and Transportation, Feb. 4, 2013.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FINANCE FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2012.

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Max Baucus: Spain ...... Euro ...... 20.92 ...... 20.92 Germany ...... Euro ...... 764.81 ...... 764.81 Belgium ...... Euro ...... 632.90 ...... 632.90 United States ...... Dollar ...... 15,268.30‘ ...... 15,268.30 Amber Cottle: Spain ...... Euro ...... 67.44 ...... 67.44 Germany ...... Euro ...... 751.14 ...... 751.14 Belgium ...... Euro ...... 605.62 ...... 605.62 United States ...... Dollar ...... 15,268.30 ...... 15,268.30 Jon Selib: Spain ...... Euro ...... 42.42 ...... 42.42 Germany ...... Euro ...... 738.77 ...... 738.77 Belgium ...... Euro ...... 600.62 ...... 600.62 United States ...... Dollar ...... 15,268.30 ...... 15,268.30 Bruce Hirsh: Spain ...... Euro ...... 58.39 ...... 58.39 Germany ...... Euro ...... 738.77 ...... 738.77 Belgium ...... Euro ...... 733.50 ...... 733.50 United States ...... Dollar ...... 15,268.30 ...... 15,268.30 Sean Neary: Spain ...... Euro ...... 17.42 ...... 17.42

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00086 Fmt 0637 Sfmt 8634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S565 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FINANCE FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2012.—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Germany ...... Euro ...... 772.12 ...... 772.12 Belgium ...... Euro ...... 720.17 ...... 720.17 United States ...... Dollar ...... 15,268.30 ...... 15,268.30 Chelsea Thomas: Spain ...... Euro ...... 51.14 ...... 51.14 Germany ...... Euro ...... 738.77 ...... 738.77 Belgium ...... Euro ...... 749.84 ...... 749.84 United States ...... Dollar ...... 15,268.30 ...... 15,268.30 Gabriel Adler: Spain ...... Euro ...... 142.32 ...... 142.32 Germany ...... Euro ...... 744.77 ...... 744.77 Belgium ...... Euro ...... 778.67 ...... 778.67 United States ...... Dollar ...... 15,268.30 ...... 15,268.30 Delegation Expenses:* Germany ...... Dollar ...... 3,077.49 ...... 3,077.49 Belgium ...... Dollar ...... 1,604.74 ...... 1,604.74 Joseph Adams: Canada ...... Dollar ...... 1,117.96 ...... 230.80 ...... 1,348.76 Total ...... 11,588.48 ...... 107,108.90 ...... 4,682.23 ...... 123,379.61 * Delegation expenses include transportation, embassy overtime, as well as other official expenses in accordance with the responsibilities of the host country. SENATOR MAX BAUCUS, Chairman, Committee on Finance, Jan. 23, 2013.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS TRAVEL FROM OCT. 1 TO DEC. 31, 2012.

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator John Barrasso: Canada ...... Dollar ...... 559.26 ...... 559.26 Delegation Expenses:* Canada ...... Dollar ...... 400.00 ...... 400.00 Senator Bob Corker: Jordan ...... Dinar ...... 790.08 ...... 790.08 Malta ...... Euro ...... 148.21 ...... 148.21 United States ...... Dollar ...... 14,329.10 ...... 14,329.10 Stacie Oliver: Jordan ...... Dinar ...... 792.44 ...... 792.44 Malta ...... Euro ...... 148.21 ...... 148.21 United States ...... Dollar ...... 15,540.90 ...... 15,540.90 Delegation Expenses:* Jordan ...... Dinar ...... 842.65 ...... 842.65 Malta ...... Euro ...... 603.37 ...... 603.37 Senator John Kerry: United Kingdom ...... Euro ...... 67.60 ...... 67.60 United States ...... Dollar ...... 9,342.50 ...... 9,342.50 William Danvers: United Kingdom ...... Euro ...... 775.85 ...... 775.85 United States ...... Dollar ...... 8,140.70 ...... 8,140.70 Delegation Expenses:* United Kingdom ...... Euro ...... 4,700.98 ...... 4,700.98 Senator Richard Lugar: Thailand ...... Baht ...... 422.32 ...... 422.32 Philippines ...... Peso ...... 775.01 ...... 775.01 Indonesia ...... Rupiah ...... 651.95 ...... 651.95 Japan ...... Yen ...... 134.20 ...... 134.20 Keith Luse: Thailand ...... Baht ...... 508.27 ...... 508.27 Philippines ...... Peso ...... 689.57 ...... 689.57 Indonesia ...... Rupiah ...... 687.07 ...... 687.07 Japan ...... Yen ...... 135.90 ...... 135.90 Kenneth Myers: Thailand ...... Baht ...... 422.32 ...... 422.32 Philippines ...... Peso ...... 718.36 ...... 718.36 Indonesia ...... Rupiah ...... 683.07 ...... 683.07 Japan ...... Yen ...... 136.76 ...... 136.76 Delegation Expenses:* Thailand ...... Baht ...... 355.90 ...... 355.90 Philippines ...... Peso ...... 37.25 ...... 37.25 Indonesia ...... Rupiah ...... 755.00 ...... 755.00 Senator James Risch: Georgia ...... Lari ...... 512.83 ...... 512.83 Turkey ...... Lira ...... 511.63 ...... 511.63 United States ...... Dollar ...... 11,796.80 ...... 11,796.80 John Sandy: Georgia ...... Lari ...... 524.83 ...... 524.83 Turkey ...... Lira ...... 523.63 ...... 523.63 United States ...... Dollar ...... 2,088.30 ...... 2,088.30 Christopher Socha: Georgia ...... Lari ...... 645.83 ...... 645.83 Turkey ...... Lira ...... 643.63 ...... 643.63 Germany ...... Euro ...... 383.00 ...... 383.00 United States ...... Dollar ...... 3,525.60 ...... 3,525.60 Senator Jeanne Shaheen: Georgia ...... Lari ...... 473.97 ...... 473.97 Turkey ...... Lira ...... 861.94 ...... 861.94 United States ...... Dollar ...... 10,174.90 ...... 10,174.90 Chad Kreikemeier: Georgia ...... Lari ...... 562.69 ...... 562.69 Turkey ...... Lira ...... 1,111.38 ...... 1,111.38 United States ...... Dollar ...... 10,467.90 ...... 10,467.90 Delegation Expenses:* Georgia ...... Lari ...... 750.00 ...... 750.00 Turkey ...... Lira ...... 899.94 ...... 899.94 Neil Brown: Mexico ...... Peso ...... 1,366.00 ...... 1,366.00

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00087 Fmt 0637 Sfmt 8634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S566 CONGRESSIONAL RECORD — SENATE February 7, 2013 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS TRAVEL FROM OCT. 1 TO DEC. 31, 2012.—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

United States ...... Dollar ...... 1,086.70 ...... 1,086.70 Carl Meacham: Mexico ...... Peso ...... 1,407.00 ...... 1,407.00 United States ...... Dollar ...... 1,086.70 ...... 1,086.70 Delegation Expenses:* Mexico ...... Peso ...... 2,762.00 ...... 2,762.00 Neil Brown: Azerbaijan ...... Manat ...... 735.37 ...... 735.37 Turkmenistan ...... Manat ...... 1,132.00 ...... 1,132.00 Turkey ...... Lira ...... 1,047.31 ...... 1,047.31 United States ...... Dollar ...... 11,700.74 ...... 11,700.74 Marik String: Azerbaijan ...... Manat ...... 735.37 ...... 735.37 Turkmenistan ...... Manat ...... 1,132.00 ...... 1,132.00 Turkey ...... Lira ...... 1,054.31 ...... 1,054.31 United States ...... Dollar ...... 12,368.74 ...... 12,368.74 Delegation Expenses:* Turkmenistan ...... Manat ...... 354.00 ...... 354.00 Turkey ...... Lira ...... 113.75 ...... 113.75 Perry Cammack: Bahrain ...... Dollar ...... 1,012.79 ...... 1,012.79 Jordan ...... Dinar ...... 757.36 ...... 100.00 ...... 857.36 Israel ...... Dollar ...... 916.00 ...... 916.00 United States ...... Dollar ...... 6,138.60 ...... 6,138.60 Delegation Expenses:* Bahrain ...... Dollar ...... 2,413.88 ...... 2,413.88 Jordan ...... Dollar ...... 165.43 ...... 165.43 Israel ...... Dollar ...... 546.31 ...... 546.31 Ilan Goldenberg: Jordan ...... Dinar ...... 221.41 ...... 221.41 Iraq ...... Dollar ...... 2,800.00 ...... 2,800.00 Egypt ...... Pound ...... 1,130.88 ...... 1,130.88 Israel ...... Shekel ...... 1,312.87 ...... 1,312.87 United States ...... Dollar ...... 3,500.20 ...... 3,500.20 Delegation Expenses:* Egypt ...... Pound ...... 184.00 ...... 184.00 Israel ...... Shekel ...... 1,397.20 ...... 1,397.20 Christopher Homan: Mali ...... Franc ...... 374.85 ...... 374.85 Russia ...... Ruble ...... 455.00 ...... 455.00 Turkmenistan ...... Manat ...... 464.25 ...... 464.25 United States ...... Dollar ...... 16,224.84 ...... 16,224.84 Ann Norris; Mali ...... Franc ...... 374.85 ...... 374.85 Russia ...... Ruble ...... 455.00 ...... 455.00 Turkmenistan ...... Manat ...... 472.00 ...... 472.00 United States ...... Dollar ...... 10,305.75 ...... 10,305.75 Delegation Expenses:* Turkmenistan ...... Manat ...... 477.00 ...... 477.00 Emily Mendrala: Colombia ...... Peso ...... 1,701.72 ...... 1,701.72 United States ...... Dollar ...... 874.90 ...... 874.90 Delegation Expenses:* Colombia ...... Peso ...... 1,250.00 ...... 1,250.00 Melanie Nakagawa: Switzerland ...... CHF ...... 2,036.50 ...... 2,036.50 United States ...... Dollar ...... 1,995.80 ...... 1,995.80 Melanie Nakagawa: Qatar ...... Riyal ...... 5,375.00 ...... 34.34 ...... 5,409.34 United States ...... Dollar ...... 2,194.20 ...... 2,194.20 Rolfe Michael Schiffer: United Kingdom ...... Pound ...... 2,874.00 ...... 2,874.00 United States ...... Dollar ...... 1,509.20 ...... 1,509.20 Rolfe Michael Schiffer: China ...... Renminbi ...... 578.00 ...... 578.00 United States ...... Dollar ...... 10,538.30 ...... 10,538.30 Halie Soifer: France ...... Euro ...... 515.00 ...... 515.00 Senegal ...... CFA ...... 524.44 ...... 524.44 Mali ...... CFA ...... 216.80 ...... 200.00 ...... 416.80 Burkina Faso ...... CFA ...... 240.86 ...... 240.86 United States ...... Dollar ...... 12,785.27 ...... 12,785.27 Delegation Expenses:* France ...... Euro ...... 337.50 ...... 337.50 Senegal ...... CFA ...... 237.00 ...... 237.00 Peter Wisner: Japan ...... Yen ...... 2,364.00 ...... 2,364.00 China ...... Yuan ...... 1,159.00 ...... 1,159.00 Philippines ...... Peso ...... 710.00 ...... 710.00 United States ...... Dollar ...... 3,640.10 ...... 3,640.10 Total ...... 50,853.75 ...... 180,990.88 ...... 23,083.36 ...... 254,927.99 * Delegation expenses include payments and reimbursements to the Department of State under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR JOHN F. KERRY, Chairman, Committee on Foreign Relations, Jan. 25, 2013.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2012

Per diem Transportation Miscellaneous Total

Name and country Name of currency U.S. dollar U.S. dollar U.S. dollar U.S. dollar Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Vance Serchuk: United States ...... Dollar ...... 1,350.00 ...... 1,350.00 France ...... Euro ...... 1,440.00 ...... 1,440.00 Senegal ...... Francs ...... 555.00 ...... 555.00 Mali ...... Francs ...... 211.72 ...... 211.72 Burkina Faso ...... Francs ...... 766.67 ...... 766.67

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00088 Fmt 0637 Sfmt 8634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 7, 2013 CONGRESSIONAL RECORD — SENATE S567 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2012—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Vance Serchuk: Canada ...... Dollar ...... 758.00 ...... 758.00 Margaret Goodlander: Canada ...... Dollar ...... 802.97 ...... 802.97 Delegation Expenses:* Senegal ...... Francs ...... 237.00 ...... 237.00 Mali ...... Francs ...... 1,400.00 ...... 1,400.00 Burkina Faso ...... Francs ...... 1,426.03 ...... 1,426.03

Total ...... 4,534.36 ...... 1,350.00 ...... 3,063.03 ...... 8,947.39

* Delegation expenses include payments and reimbursements to the Department of State under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR THOMAS R. CARPER, Chairman, Committee on Homeland Security and Governmental Affairs, Jan. 31, 2013.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE JUDICIARY FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Patrick Leahy: United States ...... Dollar ...... 11,018.20 ...... 11,018.20 France ...... Euro ...... 824.51 ...... 824.51 Delegation Expenses:* France ...... Euro ...... 1,968.31 ...... 1,968.31

Total ...... 824.51 ...... 11,018.20 ...... 1,968.31 ...... 13,811.02

* Delegation expenses include payments and reimbursements to the Department of State under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR PATRICK J. LEAHY, Chairman, Committee on the Judiciary, Jan. 25, 2013.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON SMALL BUSINESS AND ENTREPRENEURSHIP FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Wallace Hsueh: United States ...... Dollar ...... 4,826.15 ...... 4,826.15 Brazil ...... Real ...... 2,422.00 ...... 2,422.00 Panama ...... Dollar ...... 762.00 ...... 762.00 John Sandy: United States ...... Dollar ...... 4,826.15 ...... 4,826.15 Brazil ...... Real ...... 2,389.00 ...... 2,389.00 Panama ...... Dollar ...... 762.00 ...... 762.00 Brian van Hook: United States ...... Dollar ...... 4,826.15 ...... 4,826.15 Brazil ...... Real ...... 2,464.00 ...... 2,464.00 Panama ...... Dollar ...... 762.00 ...... 762.00 Claire O’Rourke: United States ...... Dollar ...... 4,826.15 ...... 4,826.15 Brazil ...... Real ...... 2,390.00 ...... 2,390.00 Panama ...... Dollar ...... 762.00 ...... 762.00 Adam Reece: United States ...... Dollar ...... 4,826.15 ...... 4,826.15 Brazil ...... Real ...... 2,426.00 ...... 2,426.00 Panama ...... Dollar ...... 762.00 ...... 762.00 Delegation Expenses:* Brazil ...... Real ...... 3,426.00 ...... 3,426.00 Senator Mary L. Landrieu: United States ...... Dollar ...... 8,441.00 ...... 8,441.00 Israel ...... Shekel ...... 1,577.06 ...... 1,577.06 David Gillers: United States ...... Dollar ...... 8,613.00 ...... 8,613.00 Israel ...... Shekel ...... 2,357.00 ...... 2,357.00 Thomas Bradley Keith: United States ...... Dollar ...... 8,675.00 ...... 8,675.00 Israel ...... Shekel ...... 2,958.00 ...... 2,958.00 Delegation Expenses:* Israel ...... Shekel ...... 13,288.00 ...... 13,288.00

Total ...... 22,793.06 ...... 49,859.75 ...... 16,714.00 ...... 89,366.81

* Delegation expenses include payments and reimbursements to the Department of State under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR MARY L. LANDRIEU, Chairman, Committee on Small Business and Entrepreneurship, Dec. 18, 2012.

VerDate Mar 15 2010 03:06 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00089 Fmt 0637 Sfmt 8634 E:\RECORD13\RECFILES\FEB2013\S07FE3.REC S07FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S568 CONGRESSIONAL RECORD — SENATE February 7, 2013 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Ryan Tully ...... 403.00 ...... 403.00 Dollar ...... 10,838.10 ...... 10,838.10 Jennifer Barrett ...... 98.00 ...... 98.00 Tressa Guenov ...... 100.00 ...... 100.00

Total ...... 601.00 ...... 10,838.10 ...... 11,439.10 SENATOR DIANNE FEINSTEIN, Chairman, Committee on Intelligence, Dec. 20, 2012.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON INTELLIGENCE, ADDENDUM TO 2ND QUARTER 2012, FOR TRAVEL FROM APR. 1 TO JUNE 30, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Saxby Chambliss ...... 700.50 ...... 700.50 Senator Mark Udall ...... 3,360.10 ...... 3,360.10

Total ...... 4,060.60 ...... 4,060.60 SENATOR DIANNE FEINSTEIN, Chairman, Committee on Intelligence, Dec. 20, 2012.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMISSION ON SECURITY AND COOPERATION IN EUROPE FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Fred Turner: Italy ...... Euro ...... 1,598.00 ...... 1,598.00 United Kingdom ...... Pound ...... 499.00 ...... 499.00 United States ...... Dollar ...... 2,544.60 ...... 2,544.60

Total ...... 2,097.00 ...... 2,544.60 ...... 4,641.60 SENATOR BENJAMIN L. CARDIN, Chairman, Commission on Security and Cooperation in Europe, Jan. 11, 2013.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), MAJORITY LEADER FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Thomas Ross: United States ...... Dollar ...... 19,512.37 ...... 19,512.37 France ...... Euro ...... 477.61 ...... 477.61 Senegal ...... Dollar ...... 491.44 ...... 491.44 Mali ...... Dollar ...... 199.80 ...... 199.80 Burkina Faso ...... Dollar ...... 293.86 ...... 293.86

Total ...... 1,462.71 ...... 19,512.37 ...... 20,975.08 SENATOR HARRY REID, Majority Leader, Dec. 31, 2012.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), REPUBLICAN LEADER FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Thomas Hawkins: United States ...... Dollar ...... 9,762.90 ...... 9,762.90 Afghanistan ...... Dollar ...... 112.00 ...... 112.00 United Arab Emirates ...... Dollar ...... 1,353.44 ...... 1,353.44 United States ...... Dollar ...... 35.00 ...... 35.00

Total ...... 1,465.44 ...... 9,762.90 ...... 35.00 ...... 11,263.34 SENATOR MITCH McCONNELL, Republican Leader, Jan. 11, 2013.

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Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Eric Jacobstein: Colombia ...... Peso ...... 1,344.44 ...... 839.90 ...... 2,184.34 Total ...... 1,344.44 ...... 839.90 ...... 2,184.34 SENATOR DIANNE FEINSTEIN, hChairman, Senate Caucus on International Narcotics Control, Jan. 2, 2013. PROVIDING FOR A JOINT SESSION I ask unanimous consent that the ORDERS FOR MONDAY, FEBRUARY OF CONGRESS TO RECEIVE A resolution be agreed to, the preamble 11, 2013 MESSAGE FROM THE PRESIDENT be agreed to, and the motions to recon- Mr. REID. Mr. President, I ask unan- Mr. REID. I ask unanimous consent sider be laid upon the table, with no in- imous consent that when the Senate that the Senate proceed to the consid- tervening action or debate. completes its business today, it ad- eration of H. Con. Res. 11. The PRESIDING OFFICER. Without journ until 2 p.m., Monday, February The PRESIDING OFFICER. The objection, it is so ordered. 11, 2013; that following the prayer and Clerk will report the concurrent reso- The resolution (S. Res. 27) was agreed pledge, the morning hour be deemed lution by title. to. expired, the Journal of proceedings be The assistant legislative clerk read The preamble was agreed to. approved to date, and the time for the as follows: (The resolution, with its preamble, is two leaders be reserved for their use printed in today’s RECORD under ‘‘Sub- A concurrent resolution (H. Con. Res. 11) later in the day; and that following any providing for a joint session of Congress to mitted Resolutions.’’) leader remarks, the Senate resume receive a message from the President. f consideration of S. 47, the Violence There being no objection, the Senate APPOINTMENTS Against Women Act, under the pre- vious order. proceeded to consider the concurrent The PRESIDING OFFICER. The The PRESIDING OFFICER. Without resolution. Chair, on behalf of the Republican objection, it is so ordered. Mr. REID. I ask unanimous consent leader, pursuant to Public Law 112–272, that the concurrent resolution be appoints the following individual to be f agreed to and the motion to reconsider a member of the World War I Centen- PROGRAM be laid upon the table, with no inter- nial Commission: Jerry L. Hester of vening action or debate. Mr. REID. Mr. President, I haven’t North Carolina. had an opportunity to speak to the Re- The PRESIDING OFFICER. Without The Chair, on behalf of the President objection, it is so ordered. publican leader, but we are going to pro tempore, and upon the rec- have votes, and we could have as many The concurrent resolution (H. Con. ommendation of the majority leader, Res. 11) was agreed to. as seven rollcall votes on Monday. I am pursuant to Public Law 96–388, as of the mind, after speaking to the Re- f amended by Public Law 97–84, and Pub- publican leader, that we may have a NATIONAL SCHOOL COUNSELING lic Law 106–292, reappoints and ap- couple of those votes and put the other WEEK points the following Senators to the votes over until sometime on Tuesday United States Holocaust Memorial Mr. REID. Mr. President, I ask unan- or some reasonable time. I think that Council: the Honorable FRANK R. LAU- would probably be better, with some of imous consent that the Senate proceed TENBERG of New Jersey (reappoint- to S. Res. 27. the things I can see on the horizon. ment), the Honorable BERNARD SAND- Everyone will need to be here for The PRESIDING OFFICER. The ERS of Vermont (reappointment), and clerk will report the resolution by Monday votes, but we may not have all the Honorable AL FRANKEN of Min- those votes Monday night. We may try title. nesota. The assistant legislative clerk read to put some of them over until the next The Chair, on behalf of the President day. as follows: of the Senate, and after consultation A resolution (S. Res. 27) designating the with the majority leader, pursuant to f week of February 4 through 8, 2013, as ‘‘Na- Public Law 106–286, and further amend- ADJOURNMENT UNTIL MONDAY, tional School Counseling Week.’’ ed by Public Law 106–292, reappoints FEBRUARY 11, 2013, AT 2 P.M. There being no objection, the Senate the following Members to serve on the Mr. REID. Mr. President, if there is proceeded to consider the resolution. Congressional-Executive Commission Mr. REID. Mr. President, before I ask no further business to come before the on the People’s Republic of China: the Senate, I ask unanimous consent that unanimous consent to pass this, I Honorable MAX BAUCUS of Montana, would just say it is extremely impor- we adjourn under the previous order. the Honorable CARL LEVIN of Michigan, There being no objection, the Senate, tant this be brought to the attention of the Honorable DIANNE FEINSTEIN of the Senate. Around the country we at 5:51 p.m., adjourned until Monday, California, the Honorable SHERROD February 11, 2013, at 2 p.m. have about 1 school counselor for every BROWN of Ohio (Chairman), and the 1,400 students. The Presiding Officer Honorable JEFF MERKLEY of Oregon. f and I attended a number of meetings in f NOMINATIONS the last couple days and that is the in- formation we got there. ORDER FOR PRINTING OF Executive nominations received by That is terribly troubling, with all TRIBUTES the Senate: the problems we have with these boys Mr. REID. Mr. President, I ask unan- THE JUDICIARY and girls, to think they would have to imous consent that there be printed as RAYMOND T. CHEN, OF MARYLAND, TO BE UNITED STATES CIRCUIT JUDGE FOR THE FEDERAL CIRCUIT, win some kind of lottery before they a Senate document a compilation of VICE RICHARD LINN, RETIRED. could see a counselor. We know class materials from the CONGRESSIONAL TODD M. HUGHES, OF THE DISTRICT OF COLUMBIA, TO BE UNITED STATES CIRCUIT JUDGE FOR THE FEDERAL sizes are too big, and we need to do RECORD in tribute to the retiring Mem- CIRCUIT, VICE WILLIAM C. BRYSON, RETIRED. something about that, but we truly bers of the 112th Congress. DEPARTMENT OF THE INTERIOR should do something about mandating The PRESIDING OFFICER. Without SARAH JEWELL, OF WASHINGTON, TO BE SECRETARY more counselors for our schools. objection, it is so ordered. OF THE INTERIOR, VICE KENNETH LEE SALAZAR.

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SECURITIES AND EXCHANGE COMMISSION THE FOLLOWING NAMED ARMY NATIONAL GUARD OF JUNGHUN PARK THE UNITED STATES OFFICER FOR APPOINTMENT TO STEVEN G. RINDAHL MARY JO WHITE, OF NEW YORK, TO BE A MEMBER OF THE GRADE INDICATED IN THE RESERVE OF THE ARMY JEFFREY B. ROBERSON THE SECURITIES AND EXCHANGE COMMISSION FOR THE UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: CHRISTOPHER S. RUSACK REMAINDER OF THE TERM EXPIRING JUNE 5, 2014, VICE GERALD A. SHERBOURNE MARY L. SCHAPIRO, RESIGNED. To be colonel LIGHT K. SHIN MARY JO WHITE, OF NEW YORK, TO BE A MEMBER OF PAUL W. ROECKER LEONARD R. SIEMS THE SECURITIES AND EXCHANGE COMMISSION FOR A JOHN P. H. SMITH, JR. THE FOLLOWING NAMED ARMY NATIONAL GUARD OF TERM EXPIRING JUNE 5, 2019. (REAPPOINTMENT) SOBANA D. SOMARATNA THE UNITED STATES OFFICERS FOR APPOINTMENT TO JERRY S. SQUIRES THE GRADE INDICATED IN THE RESERVE OF THE ARMY DEPARTMENT OF HEALTH AND HUMAN SERVICES MYRON J. TEMKIN UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: MARILYN B. TAVENNER, OF VIRGINIA, TO BE ADMINIS- STEVEN H. TOMPKINS TRATOR OF THE CENTERS FOR MEDICARE AND MEDICAID To be colonel JORGE L. TORRES SERVICES, VICE DONALD M. BERWICK, RESIGNED. JOHN C. VERDUGO JAMES B. BARKLEY DAVID L. WARD IN THE AIR FORCE JOHANNA P. CLYBORNE ALFRED W. WENDEL, JR. BRADLEY C. FULLER BARRON K. WESTER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID E. GUNDERSON CHARLES S. WILLIAMS IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- RICHARD F. JOHNSON GERALD W. WOODFORD, JR. CATED UNDER TITLE 10, U.S.C., SECTION 8069: SCOTT M. MACLEOD DOUGLAS A. YATES To be major general DALE E. PEPPER CHEUN S. YOO MICHAEL E. SPRAGGINS D010916 COLONEL DOROTHY A. HOGG THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR THE FOLLOWING NAMED OFFICER FOR APPOINTMENT APPOINTMENT TO THE GRADE INDICATED IN THE APPOINTMENT TO THE GRADE INDICATED IN THE IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- UNITED STATES ARMY NURSE CORPS UNDER TITLE 10, UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE U.S.C., SECTIONS 531 AND 3064: U.S.C., SECTIONS 531 AND 3064: AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION To be major 601: To be major To be lieutenant general LENA M. FABIAN ALISON R. HUPPMAN THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR ALLEGRA E. LOBELL MAJ. GEN. JAMES M. HOLMES APPOINTMENT TO THE GRADE INDICATED IN THE THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, APPOINTMENT TO THE GRADE INDICATED IN THE IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- U.S.C., SECTIONS 531 AND 3064: UNITED STATES ARMY MEDICAL SERVICE CORPS UNDER CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE To be major TITLE 10, U.S.C., SECTIONS 531 AND 3064: AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: YIMING A. CHING To be major JOSEPH B. GOLDEN To be lieutenant general JOSEPH F. GOODMAN THOMAS M. GREGO VICTORIA H. OSHEA LT. GEN. ROBIN RAND THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARSHALL J. ROBINSON THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- TO THE GRADE INDICATED IN THE UNITED STATES ARMY GEORGE J. ZECKLER MENT TO THE GRADE INDICATED IN THE REGULAR AIR AS CHAPLAINS UNDER TITLE 10, U.S.C., SECTIONS 624 AND FORCE UNDER TITLE 10, U.S.C., SECTION 531: 3064: IN THE NAVY To be lieutenant colonel To be major THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- MENT TO THE GRADES INDICATED IN THE UNITED WILLIAM C. ALLEY ALAN S. FINE STATES NAVY UNDER TITLE 10, U.S.C., SECTION 531: PAUL R. NEWBOLD IVAN ARREGUIN CHARLES K. BANKS To be commander IN THE ARMY ERIC BEY DEBORAH A. BROWN ANDREW W. DELEY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEREMIAH J. CATLIN FREDRICK S. VINCENZO AS THE VICE CHIEF OF STAFF OF THE ARMY AND AP- TODD A. CLAYPOOL POINTMENT IN THE UNITED STATES ARMY TO THE TERRY D. COBBAN, JR. To be lieutenant commander GRADE INDICATED WHILE ASSIGNED TO A POSITION OF MARSHALL A. COEN IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, LESLIE A. HATTON KENT S. COFFEY GREGORY E. RINGLER U.S.C., SECTIONS 601 AND 3034: RUBIN N. CRESPO To be general MICHAEL A. DERIENZO IN THE MARINE CORPS PATRICK L. DEVINE LT. GEN. JOHN F. CAMPBELL DAVID M. DITOLLA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES MARINE CORPS RESERVE TO THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARCHIE N. DURHAM GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: IN THE UNITED STATES ARMY TO THE GRADE INDICATED RONALD R. EASTES WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RODNEY P. GILLIAM To be brigadier general RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: MARK A. GRESCHEL MICHAEL J. GRIFFITH COL. DAVID G. BELLON To be general ROY A. HAMILTON COL. RAYMOND R. DESCHENEAUX REGINO R. HERNANDEZ THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LT. GEN. VINCENT K. BROOKS ALWYNE O. HUTCHINGS III IN THE UNITED STATES MARINE CORPS TO THE GRADE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TRACY N. KERR INDICATED UNDER TITLE 10, U.S.C., SECTION 624: IN THE UNITED STATES ARMY TO THE GRADE INDICATED KISUKA C. KILUMBU WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JONATHAN J. KNOEDLER To be brigadier general RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: DAVID S. KO GEUN H. LEE COLONEL JAMES W. BIERMAN, JR. To be general KENNETH S. LEWIS COLONEL ROBERT F. CASTELLVI GEN. DAVID M. RODRIGUEZ WILLIAM A. MARTIN COLONEL DAVID J. FURNESS KARLYN K. MASCHHOFF COLONEL MICHAEL S. GROEN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NATHAN P. MCLEAN COLONEL KEVIN M. IIAMS TO THE GRADE INDICATED IN THE RESERVE OF THE DAVID L. MONTGOMERY COLONEL JOHN M. JANSEN ARMY UNDER TITLE 10, U.S.C., SECTION 12203: RAY D. MOONEYHAM, JR. COLONEL KEVIN J. KILLEA To be colonel TROY A. MORKEN COLONEL DAVID A. OTTIGNON VINCENT T. MYERS COLONEL THOMAS D. WEIDLEY JASMINE T. N. DANIELS JASON B. PALMER COLONEL TERRY V. WILLIAMS

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HIGHLIGHTS Senator-Designate William ‘‘Mo’’ Cowan, of Massachusetts, was adminis- tered the oath of office by the Vice President. Senate this list prior to votes on or in relation to the Chamber Action amendments; that when the Senate resumes consider- Routine Proceedings, pages S479–S570 ation of the bill following any Leader remarks on Measures Introduced: Thirty-eight bills and two Monday, February 11, 2013, the time until 5:30 resolutions were introduced, as follows: S. 229–266, p.m., be equally divided between the two Leaders, or and S. Res. 26–27. Pages S519–20 their designees, prior to votes on or in relation to Measures Reported: the remaining amendments and passage of the un- Special Report entitled ‘‘Legislative and Oversight derlying bill, as amended, if amended; that Senator Activities During the 111th Congress by the Senate Cornyn have 45 minutes under his control on the Committee on Veterans’ Affairs’’. (S. Rept. No. Republican side; and that there be two minutes 113–1) Page S518 equally divided prior to each vote. Page S510 Measures Passed: Appointments: Providing for a Joint Session of Congress: Senate World War I Centennial Commission: The agreed to H. Con. Res. 11, providing for a joint ses- Chair, on behalf of the Republican Leader, pursuant sion of Congress to receive a message from the Presi- to Public Law 112–272, appointed the following in- dent. Page S569 dividual to be a member of the World War I Cen- National School Counseling Week: Senate agreed tennial Commission: Jerry L. Hester of North Caro- to S. Res. 27, designating the week of February 4 lina. Page S569 through 8, 2013, as ‘‘National School Counseling United States Holocaust Memorial Council: The Week’’. Page S569 Chair, on behalf of the President pro tempore, and Measures Considered: upon the recommendation of the Majority Leader, Violence Against Women Act–Agreement: pursuant to Public Law 96–388, as amended by Senate resumed consideration of S. 47, to reauthorize Public Law 97–84, and Public Law 106–292, re- the Violence Against Women Act of 1994, taking appointed and appointed the following Senators to action on the following amendment proposed there- the United States Holocaust Memorial Council: Sen- to: Pages S480–97, S497–S514 ator Lautenberg (reappointment), Senator Sanders Rejected: (reappointment), and Senator Franken. Page S569 By 34 yeas to 65 nays (Vote No. 13), McCain (for Congressional-Executive Commission on the Peo- Grassley/Hatch) Amendment No. 14, in the nature ple’s Republic of China: The Chair, on behalf of the of a substitute. Page S511 President of the Senate, and after consultation with A unanimous-consent-time agreement was reached the Majority Leader, pursuant to Public Law providing that the following amendments be the 106–286, reappointed the following Members to only first-degree amendments in order to the bill: serve on the Congressional-Executive Commission on Leahy Amendment No. 21; Portman Amendment the People’s Republic of China: Senator Baucus, Sen- No. 10; Murkowski Amendment No. 11; Coburn ator Levin, Senator Feinstein, Senator Brown (Chair- Amendment No. 13; Coburn Amendment No. 15; man), and Senator Merkley. Page S569 and Coburn Amendment No. 16; that there be no amendments in order to any of the amendments in D81

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First Circuit, and Richard Gary Taranto, of Mary- Brennan, of Virginia, to be Director of the Central land, to be United States Circuit Judge for the Fed- Intelligence Agency, after the nominee, who was in- eral Circuit. troduced by Senator Warner, testified and answered NOMINATION questions in his own behalf. Select Committee on Intelligence: Committee concluded a hearing to examine the nomination of John Owen h House of Representatives ment until May 19, 2013. Signed on February 4, Chamber Action 2013. (Public Law 113–3) The House was not in session today. The House f is scheduled to meet at 11 a.m. on Friday, February 8, 2013 in pro forma session. COMMITTEE MEETINGS FOR FRIDAY, Committee Meetings FEBRUARY 8, 2013 No hearings were held. (Committee meetings are open unless otherwise indicated) Joint Meetings Senate No joint committee meetings were held. No meetings/hearings scheduled. f House NEW PUBLIC LAWS No hearings are scheduled. (For last listing of Public Laws, see DAILY DIGEST, p. D59) H.R. 325, to ensure the complete and timely pay- ment of the obligations of the United States Govern-

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, February 11 11 a.m., Friday, February 8

Senate Chamber House Chamber Program for Monday: Senate will resume consideration Program for Friday: The House will meet in pro forma of S. 47, Violence Against Women Act, with up to 7 session at 11 a.m. votes on or in relation to amendments and passage of the bill at 5:30 p.m.

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