TRISTAN'S MOON

Trafficking Victims Protection Reauthorization Act (TVPRA) of 2013

On March 7, 2013 further protections for sexually abused & sexually exploited young males & LGBT youth came into force in the USA under PUBLIC LAW 113-4.

Please do not be confused by the name PUBLIC LAW 113-4 Violence Against Women Reauthorization ACT of 2013. This ACT includes protections for sexually abused & exploited young males & LGBT youth, and incorporates the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2013 (see pg 84 of PDF, 127 STAT. 136) introduced by Senators Leahy, Kerry, and Brown to ensure the further protection of unaccompanied children in the United States.

To make it a little easier to navigate the information, which is set out in PUBLIC LAW 113-4 and affects the lives of young males & LGBT youth, we have cut & paste, highlighted & flagged, some of the significant sections.



PUBLIC LAW 113-4 MAR.7, 2013. VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2013

SEC. 1243. MODEL STATE CRIMINAL LAW PROTECTION FOR CHILD TRAFFICKING VICTIMS AND SURVIVORS.

Section 225(b) of the Trafficking Victims Reauthorization Act of 2008 (22 U.S.C. 7101 note) is amended--            

(3) by inserting after paragraph (1) the following:            

``(2) protects children exploited through prostitution by including safe harbor provisions that--                    

``(A) treat an individual under 18 years of age who has been arrested for engaging in, or attempting to engage in, a sexual act with another person in exchange for monetary compensation as a victim of a severe form of trafficking in persons;                    

``(B) prohibit the charging or prosecution of an individual described in subparagraph (A) for a prostitution offense;                    

``(C) require the referral of an individual described in subparagraph (A) to appropriate service providers, including comprehensive service or community-based programs that provide assistance to child victims             of commercial sexual exploitation; and                    

``(D) provide that an individual described in subparagraph (A) shall not be required to prove fraud, force, or coercion in order to receive the protections described under this paragraph;''.

                TITLE XII--TRAFFICKING VICTIMS PROTECTION

  PART IV--ENHANCING STATE AND LOCAL EFFORTS TO COMBAT TRAFFICKING IN 
                                 PERSONS

SEC. 1241. ASSISTANCE FOR DOMESTIC MINOR SEX TRAFFICKING VICTIMS.

    (a) In General.--Section 202 of the Trafficking Victims Protection 
Reauthorization Act of 2005 (42 U.S.C. 14044a) is amended to read as 
follows:
``SEC. 202. ESTABLISHMENT OF A GRANT PROGRAM TO DEVELOP, EXPAND, 
                        AND STRENGTHEN ASSISTANCE PROGRAMS FOR 
                        CERTAIN PERSONS SUBJECT TO TRAFFICKING.

    ``(a) Definitions.--In this section:
            ``(1) Assistant secretary.--The term `Assistant Secretary' 
        means the Assistant Secretary for Children and Families of the 
        Department of Health and Human Services.
            ``(2) Assistant attorney general.--The term `Assistant 
        Attorney General' means the Assistant Attorney General for the 
        Office of Justice Programs of the Department of Justice.

[[Page 127 STAT. 150]]

            ``(3) Eligible entity.--The term `eligible entity' means a 
        State or unit of local government that--
                    ``(A) has significant criminal activity involving 
                sex trafficking of minors;
                    ``(B) has demonstrated cooperation between Federal, 
                State, local, and, where applicable, tribal law 
                enforcement agencies, prosecutors, and social service 
                providers in addressing sex trafficking of minors;
                    ``(C) has developed a workable, multi-disciplinary 
                plan to combat sex trafficking of minors, including--
                          ``(i) building or establishing a residential 
                      care facility for minor victims of sex 
                      trafficking;
                          ``(ii) the provision of rehabilitative care to 
                      minor victims of sex trafficking;
                          ``(iii) the provision of specialized training 
                      for law enforcement officers and social service 
                      providers for all forms of sex trafficking, with a 
                      focus on sex trafficking of minors;
                          ``(iv) prevention, deterrence, and prosecution 
                      of offenses involving sex trafficking of minors;
                          ``(v) cooperation or referral agreements with 
                      organizations providing outreach or other related 
                      services to runaway and homeless youth; and
                          ``(vi) law enforcement protocols or procedures 
                      to screen all individuals arrested for 
                      prostitution, whether adult or minor, for 
                      victimization by sex trafficking and by other 
                      crimes, such as sexual assault and domestic 
                      violence; and
                    ``(D) provides assurance that a minor victim of sex 
                trafficking shall not be required to collaborate with 
                law enforcement to have access to residential care or 
                services provided with a grant under this section.
            ``(4) Minor victim of sex trafficking.--The term `minor 
        victim of sex trafficking' means an individual who--
                    ``(A) is younger than 18 years of age, and is a 
                victim of an offense described in section 1591(a) of 
                title 18, United States Code, or a comparable State law; 
                or
                    ``(B)(i) is not younger than 18 years of age nor 
                older than 20 years of age;
                    ``(ii) before the individual reached 18 years of 
                age, was described in subparagraph (A); and
                    ``(iii) was receiving shelter or services as a minor 
                victim of sex trafficking.
            ``(5) Qualified nongovernmental organization.--The term 
        `qualified nongovernmental organization' means an organization 
        that--
                    ``(A) is not a State or unit of local government, or 
                an agency of a State or unit of local government;
                    ``(B) has demonstrated experience providing services 
                to victims of sex trafficking or related populations 
                (such as runaway and homeless youth), or employs staff 
                specialized in the treatment of sex trafficking victims; 
                and
                    ``(C) demonstrates a plan to sustain the provision 
                of services beyond the period of a grant awarded under 
                this section.
            ``(6) Sex trafficking of a minor.--The term `sex trafficking 
        of a minor' means an offense described in section 1591(a)

[[Page 127 STAT. 151]]

        of title 18, United States Code, or a comparable State law, 
        against a minor.

    ``(b) Sex Trafficking Block Grants.--
            ``(1) Grants authorized.--
                    ``(A) <<NOTE: Consultation.>>  In general.--The 
                Assistant Attorney General, in consultation with the 
                Assistant Secretary, may make block grants to 4 eligible 
                entities located in different regions of the United 
                States to combat sex trafficking of minors.
                    ``(B) Requirement.--Not fewer than 1 of the block 
                grants made under subparagraph (A) shall be awarded to 
                an eligible entity with a State population of less than 
                5,000,000.
                    ``(C) Grant amount.--Subject to the availability of 
                appropriations under subsection (g) to carry out this 
                section, each grant made under this section shall be for 
                an amount not less than $1,500,000 and not greater than 
                $2,000,000.
                    ``(D) Duration.--
                          ``(i) In general.--A grant made under this 
                      section shall be for a period of 1 year.
                          ``(ii) Renewal.--
                                    ``(I) In general.--The Assistant 
                                Attorney General may renew a grant under 
                                this section for up to 3 1-year periods.
                                    ``(II) Priority.--In making grants 
                                in any fiscal year after the first 
                                fiscal year in which grants are made 
                                under this section, the Assistant 
                                Attorney General shall give priority to 
                                an eligible entity that received a grant 
                                in the preceding fiscal year and is 
                                eligible for renewal under this 
                                subparagraph, taking into account any 
                                evaluation of the eligible entity 
                                conducted under paragraph (4), if 
                                available.
                    ``(E) Consultation.--In carrying out this section, 
                the Assistant Attorney General shall consult with the 
                Assistant Secretary with respect to--
                          ``(i) evaluations of grant recipients under 
                      paragraph (4);
                          ``(ii) avoiding unintentional duplication of 
                      grants; and
                          ``(iii) any other areas of shared concern.
            ``(2) Use of funds.--
                    ``(A) Allocation.--Not less than 67 percent of each 
                grant made under paragraph (1) shall be used by the 
                eligible entity to provide residential care and services 
                (as described in clauses (i) through (iv) of 
                subparagraph (B)) to minor victims of sex trafficking 
                through qualified nongovernmental organizations.
                    ``(B) Authorized activities.--Grants awarded 
                pursuant to paragraph (2) may be used for--
                          ``(i) providing residential care to minor 
                      victims of sex trafficking, including temporary or 
                      long-term placement as appropriate;
                          ``(ii) providing 24-hour emergency social 
                      services response for minor victims of sex 
                      trafficking;

[[Page 127 STAT. 152]]

                          ``(iii) providing minor victims of sex 
                      trafficking with clothing and other daily 
                      necessities needed to keep such victims from 
                      returning to living on the street;
                          ``(iv) case management services for minor 
                      victims of sex trafficking;
                          ``(v) mental health counseling for minor 
                      victims of sex trafficking, including specialized 
                      counseling and substance abuse treatment;
                          ``(vi) legal services for minor victims of sex 
                      trafficking;
                          ``(vii) specialized training for social 
                      service providers, public sector personnel, and 
                      private sector personnel likely to encounter sex 
                      trafficking victims on issues related to the sex 
                      trafficking of minors and severe forms of 
                      trafficking in persons;
                          ``(viii) outreach and education programs to 
                      provide information about deterrence and 
                      prevention of sex trafficking of minors;
                          ``(ix) programs to provide treatment to 
                      individuals charged or cited with purchasing or 
                      attempting to purchase sex acts in cases where--
                                    ``(I) a treatment program can be 
                                mandated as a condition of a sentence, 
                                fine, suspended sentence, or probation, 
                                or is an appropriate alternative to 
                                criminal prosecution; and
                                    ``(II) the individual was not 
                                charged with purchasing or attempting to 
                                purchase sex acts with a minor; and
                          ``(x) screening and referral of minor victims 
                      of severe forms of trafficking in persons.
            ``(3) Application.--
                    ``(A) In general.--Each eligible entity desiring a 
                grant under this section shall submit an application to 
                the Assistant Attorney General at such time, in such 
                manner, and accompanied by such information as the 
                Assistant Attorney General may reasonably require.
                    ``(B) Contents.--Each application submitted pursuant 
                to subparagraph (A) shall--
                          ``(i) describe the activities for which 
                      assistance under this section is sought; and
                          ``(ii) provide such additional assurances as 
                      the Assistant Attorney General determines to be 
                      essential to ensure compliance with the 
                      requirements of this section.
            ``(4) <<NOTE: Contracts.>>  Evaluation.--The Assistant 
        Attorney General shall enter into a contract with an academic or 
        non-profit organization that has experience in issues related to 
        sex trafficking of minors and evaluation of grant programs to 
        conduct an annual evaluation of each grant made under this 
        section to determine the impact and effectiveness of programs 
        funded with the grant.

    ``(c) <<NOTE: Time period.>>  Mandatory Exclusion.--An eligible 
entity that receives a grant under this section that is found to have 
utilized grant funds for any unauthorized expenditure or otherwise 
unallowable cost shall not be eligible for any grant funds awarded under 
the grant for 2 fiscal years following the year in which the 
unauthorized expenditure or unallowable cost is reported.

[[Page 127 STAT. 153]]

    ``(d) Compliance Requirement.--An eligible entity shall not be 
eligible to receive a grant under this section if, during the 5 fiscal 
years before the eligible entity submits an application for the grant, 
the eligible entity has been found to have violated the terms or 
conditions of a Government grant program by utilizing grant funds for 
unauthorized expenditures or otherwise unallowable costs.
    ``(e) Administrative Cap.--The cost of administering the grants 
authorized by this section shall not exceed 3 percent of the total 
amount appropriated to carry out this section.
    ``(f) Audit Requirement.--For fiscal years 2016 and 2017, the 
Inspector General of the Department of Justice shall conduct an audit of 
all 4 eligible entities that receive block grants under this section.
    ``(g) Match Requirement.--An eligible entity that receives a grant 
under this section shall provide a non-Federal match in an amount equal 
to not less than--
            ``(1) 15 percent of the grant during the first year;
            ``(2) 25 percent of the grant during the first renewal 
        period;
            ``(3) 40 percent of the grant during the second renewal 
        period; and
            ``(4) 50 percent of the grant during the third renewal 
        period.

    ``(h) No Limitation on Section 204 Grants.--An entity that applies 
for a grant under section 204 is not prohibited from also applying for a 
grant under this section.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated $8,000,000 to the Attorney General for each of the fiscal 
years 2014 through 2017 to carry out this section.
    ``(j) <<NOTE: Deadline. Reports.>>  GAO Evaluation.--Not later than 
30 months after the date of the enactment of this Act, the Comptroller 
General of the United States shall submit a report to Congress that 
contains--
            ``(1) an evaluation of the impact of this section in aiding 
        minor victims of sex trafficking in the jurisdiction of the 
        entity receiving the grant; and
            ``(2) <<NOTE: Recommendations.>>  recommendations, if any, 
        regarding any legislative or administrative action the 
        Comptroller General determines appropriate.''.

    (b) <<NOTE: Time period. 42 USC 14044a note.>>  Sunset Provision.--
The amendment made by subsection (a) shall be effective during the 4-
year period beginning on the date of the enactment of this Act.
SEC. 1242. EXPANDING LOCAL LAW ENFORCEMENT GRANTS FOR 
                          INVESTIGATIONS AND PROSECUTIONS OF 
                          TRAFFICKING.

    Section 204 of the Trafficking Victims Protection Reauthorization 
Act of 2005 (42 U.S.C. 14044c) is amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (A), by striking ``, which 
                involve United States citizens, or aliens admitted for 
                permanent residence, and'';
                    (B) by redesignating subparagraphs (B), (C), and (D) 
                as subparagraphs (C), (D), and (E), respectively; and
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) to train law enforcement personnel how to 
                identify victims of severe forms of trafficking in 
                persons and related offenses;''; and

[[Page 127 STAT. 154]]

                    (D) in subparagraph (C), as redesignated, by 
                inserting ``and prioritize the investigations and 
                prosecutions of those cases involving minor victims'' 
                after ``sex acts'';
            (2) by redesignating subsection (d) as subsection (e);
            (3) by inserting after subsection (c) the following:

    ``(d) No Limitation on Section 202 Grant Applications.--An entity 
that applies for a grant under section 202 is not prohibited from also 
applying for a grant under this section.'';
            (4) in subsection (e), as redesignated, by striking 
        ``$20,000,000 for each of the fiscal years 2008 through 2011'' 
        and inserting ``$10,000,000 for each of the fiscal years 2014 
        through 2017''; and
            (5) by adding at the end the following:

    ``(f) <<NOTE: Study.>>  GAO Evaluation and Report.--Not later than 
30 months after the date of enactment of this Act, the Comptroller 
General of the United States shall conduct a study of and submit to 
Congress a report evaluating the impact of this section on--
            ``(1) the ability of law enforcement personnel to identify 
        victims of severe forms of trafficking in persons and 
        investigate and prosecute cases against offenders, including 
        offenders who engage in the purchasing of commercial sex acts 
        with a minor; and
            ``(2) <<NOTE: Recommendations.>>  recommendations, if any, 
        regarding any legislative or administrative action the 
        Comptroller General determines appropriate to improve the 
        ability described in paragraph (1).''.

SEC. 1243. MODEL STATE CRIMINAL LAW PROTECTION FOR CHILD TRAFFICKING VICTIMS AND SURVIVORS. Section 225(b) of the Trafficking Victims Reauthorization Act of 2008 (22 U.S.C. 7101 note) is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: ``(2) protects children exploited through prostitution by including safe harbor provisions that-- ``(A) treat an individual under 18 years of age who has been arrested for engaging in, or attempting to engage in, a sexual act with another person in exchange for monetary compensation as a victim of a severe form of trafficking in persons; ``(B) prohibit the charging or prosecution of an individual described in subparagraph (A) for a prostitution offense; ``(C) require the referral of an individual described in subparagraph (A) to appropriate service providers, including comprehensive service or community- based programs that provide assistance to child victims of commercial sexual exploitation; and ``(D) provide that an individual described in subparagraph (A) shall not be required to prove fraud, force, or coercion in order to receive the protections described under this paragraph;''. [[Page 127 STAT. 155]] Subtitle C--Authorization of Appropriations SEC. 1251. ADJUSTMENT OF AUTHORIZATION LEVELS FOR THE TRAFFICKING VICTIMS PROTECTION ACT OF 2000. The Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.) is amended-- (1) in section 112A(b)(4) (22 U.S.C. 7109a(b)(4))-- (A) by striking ``$2,000,000'' and inserting ``$1,000,000''; and (B) by striking ``2008 through 2011'' and inserting ``2014 through 2017''; and (2) in section 113 (22 U.S.C. 7110)-- (A) subsection (a)-- (i) by striking ``$5,500,000 for each of the fiscal years 2008 through 2011'' each place it appears and inserting ``$2,000,000 for each of the fiscal years 2014 through 2017''; (ii) by inserting ``, including regional trafficking in persons officers,'' after ``for additional personnel,''; and (iii) by striking ``, and $3,000 for official reception and representation expenses''; (B) in subsection (b)-- (i) in paragraph (1), by striking ``$12,500,000 for each of the fiscal years 2008 through 2011'' and inserting ``$14,500,000 for each of the fiscal years 2014 through 2017''; and (ii) in paragraph (2), by striking ``to the Secretary of Health and Human Services'' and all that follows and inserting ``$8,000,000 to the Secretary of Health and Human Services for each of the fiscal years 2014 through 2017.''; (C) in subsection (c)(1)-- (i) in subparagraph (A), by striking ``2008 through 2011'' each place it appears and inserting ``2014 through 2017''; (ii) in subparagraph (B)-- (I) by striking ``$15,000,000 for fiscal year 2003 and $10,000,000 for each of the fiscal years 2008 through 2011'' and inserting ``$10,000,000 for each of the fiscal years 2014 through 2017''; and (II) by striking ``2008 through 2011'' and inserting ``2014 through 2017''; and (iii) in subparagraph (C), by striking ``2008 through 2011'' and inserting ``2014 through 2017''; (D) in subsection (d)-- (i) by redesignating subparagraphs (A) through (C) as paragraphs (1) through (3), respectively, and moving such paragraphs 2 ems to the left; (ii) in the paragraph (1), as redesignated, by striking ``$10,000,000 for each of the fiscal years 2008 through 2011'' and inserting ``$11,000,000 for each of the fiscal years 2014 through 2017''; and (iii) in paragraph (3), as redesignated, by striking ``to the Attorney General'' and all that follows and [[Page 127 STAT. 156]] inserting ``$11,000,000 to the Attorney General for each of the fiscal years 2014 through 2017.''; (E) in subsection (e)-- (i) in paragraph (1), by striking ``$15,000,000 for each of the fiscal years 2008 through 2011'' and inserting ``$7,500,000 for each of the fiscal years 2014 through 2017''; and (ii) in paragraph (2), by striking ``$15,000,000 for each of the fiscal years 2008 through 2011'' and inserting ``$7,500,000 for each of the fiscal years 2014 through 2017''; (F) in subsection (f), by striking ``$10,000,000 for each of the fiscal years 2008 through 2011'' and inserting ``$5,000,000 for each of the fiscal years 2014 through 2017''; and (G) in subsection (i), by striking ``$18,000,000 for each of the fiscal years 2008 through 2011'' and inserting ``$10,000,000 for each of the fiscal years 2014 through 2017''.
SEC. 1252. ADJUSTMENT OF AUTHORIZATION LEVELS FOR THE TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2005. The Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109-164) is amended-- (1) by striking section 102(b)(7); <<NOTE: 22 USC 7105.>> and (2) in section 201(c)(2), <<NOTE: 42 USC 14044.>> by striking ``$1,000,000 for each of the fiscal years 2008 through 2011'' and inserting ``$250,000 for each of the fiscal years 2014 through 2017''. Subtitle D--Unaccompanied Alien Children SEC. 1261. APPROPRIATE CUSTODIAL SETTINGS FOR UNACCOMPANIED MINORS WHO REACH THE AGE OF MAJORITY WHILE IN FEDERAL CUSTODY. Section 235(c)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(2)) is amended-- (1) by striking ``Subject to'' and inserting the following: ``(A) Minors in department of health and human services custody.--Subject to''; and (2) by adding at the end the following: ``(B) Aliens transferred from department of health and human services to department of homeland security custody.--If a minor described in subparagraph (A) reaches 18 years of age and is transferred to the custody of the Secretary of Homeland Security, the Secretary shall consider placement in the least restrictive setting available after taking into account the alien's danger to self, danger to the community, and risk of flight. Such aliens shall be eligible to participate in alternative to detention programs, utilizing a continuum of alternatives based on the alien's need for supervision, which may include placement of the alien with an individual or an organizational sponsor, or in a supervised group home.''. [[Page 127 STAT. 157]] SEC. 1262. APPOINTMENT OF CHILD ADVOCATES FOR UNACCOMPANIED MINORS. Section 235(c)(6) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(6)) is amended-- (1) by striking ``The Secretary'' and inserting the following: ``(A) In general.--The Secretary''; and (2) by striking ``and criminal''; and (3) by adding at the end the following: ``(B) Appointment of child advocates.-- ``(i) <<NOTE: Deadline.>> Initial sites.--Not later than 2 years after the date of the enactment of the Violence Against Women Reauthorization Act of 2013, the Secretary of Health and Human Services shall appoint child advocates at 3 new immigration detention sites to provide independent child advocates for trafficking victims and vulnerable unaccompanied alien children. ``(ii) <<NOTE: Deadline.>> Additional sites.--Not later than 3 years after the date of the enactment of the Violence Against Women Reauthorization Act of 2013, the Secretary shall appoint child advocates at not more than 3 additional immigration detention sites. ``(iii) Selection of sites.--Sites at which child advocate programs will be established under this subparagraph shall be located at immigration detention sites at which more than 50 children are held in immigration custody, and shall be selected sequentially, with priority given to locations with-- ``(I) the largest number of unaccompanied alien children; and ``(II) the most vulnerable populations of unaccompanied children. ``(C) Restrictions.-- ``(i) Administrative expenses.--A child advocate program may not use more that 10 percent of the Federal funds received under this section for administrative expenses. ``(ii) Nonexclusivity.--Nothing in this section may be construed to restrict the ability of a child advocate program under this section to apply for or obtain funding from any other source to carry out the programs described in this section. ``(iii) Contribution of funds.--A child advocate program selected under this section shall contribute non-Federal funds, either directly or through in-kind contributions, to the costs of the child advocate program in an amount that is not less than 25 percent of the total amount of Federal funds received by the child advocate program under this section. In-kind contributions may not exceed 40 percent of the matching requirement under this clause. ``(D) Annual report to congress.--Not later than 1 year after the date of the enactment of the Violence Against Women Reauthorization Act of 2013, and annually thereafter, the Secretary of Health and Human Services shall submit a report describing the activities undertaken [[Page 127 STAT. 158]] by the Secretary to authorize the appointment of independent Child Advocates for trafficking victims and vulnerable unaccompanied alien children to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. ``(E) Assessment of child advocate program.-- ``(i) <<NOTE: Study.>> In general.--As soon as practicable after the date of the enactment of the Violence Against Women Reauthorization Act of 2013, the Comptroller General of the United States shall conduct a study regarding the effectiveness of the Child Advocate Program operated by the Secretary of Health and Human Services. ``(ii) <<NOTE: Evaluation.>> Matters to be studied.--In the study required under clause (i), the Comptroller General shall-- collect information and analyze the following: ``(I) analyze the effectiveness of existing child advocate programs in improving outcomes for trafficking victims and other vulnerable unaccompanied alien children; ``(II) evaluate the implementation of child advocate programs in new sites pursuant to subparagraph (B); ``(III) evaluate the extent to which eligible trafficking victims and other vulnerable unaccompanied children are receiving child advocate services and assess the possible budgetary implications of increased participation in the program; ``(IV) evaluate the barriers to improving outcomes for trafficking victims and other vulnerable unaccompanied children; and ``(V) <<NOTE: Recommendation.>> make recommendations on statutory changes to improve the Child Advocate Program in relation to the matters analyzed under subclauses (I) through (IV). ``(iii) GAO report.--Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit the results of the study required under this subparagraph to-- ``(I) the Committee on the Judiciary of the Senate; ``(II) the Committee on Health, Education, Labor, and Pensions of the Senate; ``(III) the Committee on the Judiciary of the House of Representatives; and ``(IV) the Committee on Education and the Workforce of the House of Representatives. ``(F) Authorization of appropriations.--There are authorized to be appropriated to the Secretary and Human Services to carry out this subsection-- ``(i) $1,000,000 for each of the fiscal years 2014 and 2015; and ``(ii) $2,000,000 for each of the fiscal years 2016 and 2017.''. [[Page 127 STAT. 159]] SEC. 1263. ACCESS TO FEDERAL FOSTER CARE AND UNACCOMPANIED REFUGEE MINOR PROTECTIONS FOR CERTAIN U VISA RECIPIENTS. Section 235(d)(4) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(d)(4)) is amended-- (1) in subparagraph (A), (A) by striking ``either''; (B) by striking ``or who'' and inserting a comma; and (C) by inserting ``, or has been granted status under section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)),'' before ``, shall be eligible''; and (2) in subparagraph (B), by inserting ``, or status under section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)),'' after ``(8 U.S.C. 1101(a)(27)(J))''.
SEC. 1264. GAO STUDY OF THE EFFECTIVENESS OF BORDER SCREENINGS. (a) Study.-- (1) In general.--The Comptroller General of the United States shall conduct a study examining the effectiveness of screenings conducted by Department of Homeland Security personnel in carrying out section 235(a)(4) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(4)). (2) Study.--In carrying out paragraph (1), the Comptroller General shall take into account-- (A) the degree to which Department of Homeland Security personnel are adequately ensuring that-- (i) all children are being screened to determine whether they are described in section 235(a)(2)(A) of the William Wilberforce Trafficking Victims Protection Reauthorization Act; (ii) appropriate and reliable determinations are being made about whether children are described in section 235(a)(2)(A) of such Act, including determinations of the age of such children; (iii) children are repatriated in an appropriate manner, consistent with clauses (i) through (iii) of section 235(a)(2)(C) of such Act; (iv) children are appropriately being permitted to withdraw their applications for admission, in accordance with section 235(a)(2)(B)(i) of such Act; (v) children are being properly cared for while they are in the custody of the Department of Homeland Security and awaiting repatriation or transfer to the custody of the Secretary of Health and Human Services; and (vi) children are being transferred to the custody of the Secretary of Health and Human Services in a manner that is consistent with such Act; and (B) the number of such children that have been transferred to the custody of the Department of Health and Human Services, the Federal funds expended to maintain custody of such children, and the Federal benefits available to such children, if any. [[Page 127 STAT. 160]] (3) Access to department of homeland security operations.-- (A) In general.--Except as provided in subparagraph (B), for the purposes of conducting the study described in subsection (a), the Secretary shall provide the Comptroller General with unrestricted access to all stages of screenings and other interactions between Department of Homeland Security personnel and children encountered by the Comptroller General. (B) <<NOTE: Determination.>> Exceptions.--The Secretary shall not permit unrestricted access under subparagraph (A) if the Secretary determines that the security of a particular interaction would be threatened by such access. (b) Report to Congress.--Not later than 2 years after the date of the commencement of the study described in subsection (a), the Comptroller General of the United States shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that contains the Commission's findings and recommendations. Approved March 7, 2013. LEGISLATIVE HISTORY--S. 47: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 159 (2013): Feb. 7, 11, 12, considered and passed Senate. Feb. 28, considered and passed House. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2013): Mar. 7, Presidential remarks.
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