Patrick Leahy

Mr. LEAHY

Mr. LEAHY. Mr. President, today I am reintroducing the Uniting American Families Act, UAFA, which grants same-sex bi-national couples the same immigration benefits heterosexual couples have long enjoyed. This is the sixth Congress in which I have introduced this legislation, and I am proud to be joined this year by Senator Collins, a strong champion for American families. She cosponsored this bill last Congress, and I thank her for her leadership as she joins me as an original cosponsor today. Preserving family unity is central to our immigration policy. President Obama understands that, which is why I was so pleased to see that he included UAFA as a core tenet of the immigration principles he outlined last month. Even as American attitudes are changing about the civil rights of gay and lesbian Americans, the so-called Defense of Marriage Act forces many Americans to choose between the country they love and being with the people they love. This destructive policy tears families apart and forces hardworking Americans to make the heart-wrenching choice no American should have to make. Families from Maine to California experience this hardship. In Vermont, I have seen firsthand the unfairness that couples have endured as a result of our current laws and have spoken at length on their struggles in this Chamber. I have heard from a number of Vermonters who have had to make the difficult decision to leave their work and homes in Vermont in order to be able to live with their spouses in more welcoming countries; some whole spouses are legally in the U.S. temporarily but worry daily when they will be required to leave the U.S.; and some who suffer the heartbreak of a long-distance marriage when their spouses are denied even a visitor visa to spend some time with their spouses in the U.S. The Senate Judiciary Committee heard directly from families like these as well. Over the past decade, Americans have begun to reject the notion that U.S. citizens who are gay or lesbian should not have their committed relationships recognized by the law and the protections that provides. As of last month, the District of Columbia and nine states, including Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Washington, and my home state of Vermont, have legalized same-sex marriage. At the end of the 111th Congress, bipartisan votes in both the Senate and the House reversed the Military's ``Don't Ask, Don't Tell'' policy, a 17-year-old stricture that barred gay and lesbian service men and women from openly serving in the military. Consistent with the repeal of the ``Don't Ask, Don't Tell'' policy, just last week the Pentagon signaled that it will begin providing benefits to the same-sex spouses of military personnel. As they have many times in our past and will continue in the future, prevailing American attitudes are progressing toward fairness and justice. The Supreme Court is poised to decide the fate of the Defense of Marriage Act and whether that law, which deprives same-sex couples of over 1,000 Federal benefits and responsibilities, is consistent with our constitutional values. Many of our friends around the world have embraced immigration equality for same-sex families. Today at least 25 nations, including some of our closest allies, offer immigration benefits to same-sex couples. America should join Argentina, Australia, Belgium, Brazil, Canada, the Czech Republic, Denmark, Finland, France, Germany, Greenland, Hungary, Iceland, Israel, Luxembourg, The Netherlands, New Zealand, Norway, Portugal, Romania, South Africa, Spain, Sweden, Switzerland, and the United Kingdom in leading on this issue of civil rights and respect for the dignity of all families. I hope that Senators who supported this important advancement in our military policy will join me in calling for similar fairness and equality in our immigration laws. Some opponents of the United American Families Act have argued that it would increase the potential for visa fraud. Of course I share the belief that all immigration applications should be screened for fraud, but I am confident that U.S. Citizenship and Immigration Services will have no more difficulty identifying fraud in same-sex relationships than they do in heterosexual marriages. The penalties for fraud under this bill would be the same as the penalties for marriage fraud. These are very strict penalties: a sentence of up to 5 years in prison, $250,000 in fines for the U.S. citizen partner, and deportation for the foreign partner. In addition, in order to qualify as a bi-national couple under UAFA, petitioners must prove that they are at least 18 years of age and in a committed, lifelong relationship with another adult. The advancement of American ideals that respect human relationships and family bonds need not and should not be impeded by such fears. Among developed countries with cultures of respect for human rights and fairness, the United States policy in this regard is not living up to our great traditions of equal treatment under the law. We can and should do better. I hope all Senators will agree that the United States should not have a policy that forces Americans to choose between their country and the ones they love, and I urge members of this body to join Senator Collins and me in this effort. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. LEAHY

Mr. LEAHY. Mr. President, what is the regular order?

Mr. LEAHY. Mr. President, before I go on to that, I would note that many have come to this floor to talk about the deficit and things of that nature. I ask anybody who is decrying our deficit if they voted for a needless war in Iraq and then voted to put it on the credit card. The war in Iraq has cost this Nation nearly $1 trillion so far, and with all the wounded who have come back from this unnecessary war, we will, beyond the lifetime of most of us, still be paying for that. The wars in Iraq and Afghanistan are the only wars in America's history we did not have a special tax to pay for--both were put on a credit card. They were begun at a time when the last administration had inherited a large surplus from the Democratic administration before it. Since I have been old enough to vote, only Democratic administrations have left surpluses. But they took that surplus, wasted it on the war in Iraq, and because they were unwilling to pay for this war--a war that was paid for only by the men and women who served and their families; we don't have a draft--most people can say: It didn't affect me. Well, it affected those families enormously, and it will affect every single taxpayer for the rest of their lives because it will take that long to pay for a war that so many in this body and the other body voted for but then stood up and said: We cannot possibly have taxes to pay for things we are spending money on. That is one thing they voted for--for the first time in the history of this country, they voted to not pay for a war. I urge everybody not to lose sight of the fact that a major part of our deficit was caused by the House and Senate voting for a war we never should have been in, one I voted against. In fact, everybody who actually read the intelligence material voted against it. Now our children and our grandchildren will have to pay for our mistakes. I don't want to hear lectures about our deficit from people who voted to help create that deficit by voting for an unnecessary war. On the subject we are on, S. 47, after more than a week of consideration, the Senate will finally vote on the Violence Against Women Reauthorization Act. This is a good bill that makes needed changes recommended by victims and those who work with them every day. I urge all those Senators who have opposed reauthorizing VAWA to end their opposition and join with us. Despite the predictions by some that the Republican House of Representatives will refuse to consider the Senate bill, as it did last year, I see reason for hope. Just yesterday 17 Republican members of the House wrote to their own leadership urging immediate reauthorization of VAWA. They rejected the ideological opposition of Heritage and the Family Research Council. They recognize that VAWA is effective, efficient and successful ``in curbing domestic violence and supporting victims,'' and that ``VAWA programs save lives.'' They also note, as I have said repeatedly on this floor: ``VAWA must reach all victims and perpetrators of domestic violence, dating violence, sexual assault and stalking in every community in the country.'' I ask unanimous consent that a copy of the Republican members' letter to Speaker Boehner be printed in the Record at the conclusion of my remarks. The Senate has rejected the Republican substitute and defeated the Coburn amendment to strip the tribal jurisdiction provisions that have been included in the Senate bill for the past two years. Those amendments would have greatly narrowed VAWA's ability to prevent crime and help victims and would have undercut our commitment to all victims of rape and domestic violence. I hope Senators will continue to vote against amendments that weaken this important legislation. This morning the Senate has the opportunity to vote for an amendment that goes in the opposite direction from the Coburn amendments by allowing us to help more victims of serious crime in the United States and around the world. This morning the Senate is to vote on the Trafficking Victims Protection Reauthorization Act. That is another bipartisan bill that was written with the input of victims and service providers to make critical improvements to existing law. Last year, this legislation had 57 cosponsors--including 15 Republicans. In particular, I thank Senator Rubio who has been a strong cosponsor of this important measure. Today is February 12, the day on which Abraham Lincoln was born. It was 150 years ago that he delivered the Emancipation Proclamation and it would be fitting that the Senate pass the Trafficking Victims Protection Reauthorization Act on his birthday. Although the 13th amendment to our Constitution was ratified long ago, making slavery illegal, we continue to fight human trafficking, which can amount to modern day slavery. This terrible crime still occurs throughout the world--including in the United States of America. The Polaris Project estimates that there are more than 27 million victims of human trafficking worldwide today. The Trafficking Victims Protection Reauthorization Act will help us continue to make real progress on this issue. It is a parallel effort to our reauthorization of the Violence Against Women Act. Our effort is to stop human trafficking at its roots by supporting both domestic and international efforts to fight against trafficking and to punish its perpetrators. We provide critical resources to help support victims as they rebuild their lives. This measure strengthens criminal anti-trafficking statutes to ensure that law enforcement agencies have the tools they need to effectively combat all forms of trafficking. It ensures better coordination among Federal agencies, between law enforcement and victim service providers, and with foreign countries to work on every facet of this complicated problem. It includes measures to encourage victims to come forward and report this terrible crime, which leads to more prosecutions and help for more victims. We have included accountability measures to ensure that Federal funds are used for their intended purposes, and we have streamlined programs to focus scarce resources on the approaches that have been the most successful. A Senator asserted yesterday that trafficking programs have been wasteful and duplicative. In fact, the programs supported by this amendment have been carefully tracked and shown to be effective. Nonetheless, the amendment reduces authorization levels by almost a third from the levels in the last reauthorization because we are determined to ensure efficiency and respond to concerns. We have made similar efforts to streamline VAWA. The United States remains a beacon of hope for so many who face human rights abuses. We know that young women and girls often just 11, 12, or 13 years old are being bought and sold. We know that workers are being held and forced into labor against their will. I urge all Senators to join in passing the Trafficking Victims Protection Reauthorization Act. People in this country and millions around the world are counting on us.

Mr. LEAHY. I ask unanimous consent to have printed in the Record letters from human rights and civil rights organizations in support of S. 47, the Violence Against Women Reauthorization Act of 2013.

Mr. LEAHY. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. LEAHY. Mr. President, I call up my amendment numbered 21, as modified.

Mr. LEAHY. Mr. President, I suggest the absence of a quorum and ask that the time be equally divided.

Mr. LEAHY. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. LEAHY. Mr. President, we have had an early unanimous consent order, so following that, I ask unanimous consent that the sequence of votes outlined under the previous order now start at 11:30 a.m., and the additional 30 minutes of debate be equally divided between the two leaders or their designees; that following the disposition of the Coburn amendment No. 15, the Senate recess for the weekly caucus meetings; further, that at 2:15 p.m., the Senate resume the sequence of votes under the previous order; and finally, all other provisions of the previous order remain in effect.

Mr. LEAHY. Mr. President, I ask unanimous consent that my amendment numbered 21 be modified with the changes that are at the desk.

Mr. LEAHY. Mr. President, I suggest the absence of a quorum and ask that the time be equally divided.

Mr. LEAHY. Mr. President, I have already spoken about this, and I want to reiterate what I said earlier. Our country, justifiably so, is a beacon of hope for so many who face human rights abuses. I think of what is written on the iconic Statue of Liberty; so many people come to our shores for freedom. We also know there are many who are being held in these despicable trafficking schemes around the world. There are children who are 11, 12, 13 years old being held, and we have to speak for them. I hope all Senators will join me in voting for this amendment. There are protections for victims of trafficking in the reauthorization act. It is a bipartisan bill written with the input of victims and service providers. It helps us to more effectively fight human trafficking, which is really modern-day slavery. Whether people are trafficked in the sex trade--especially children--or in forced labor, it is slavery. It is not isolated. There are 27 million victims worldwide today according to the Polaris Project. This amendment will help us to stop it by supporting both domestic and international efforts to fight against trafficking. Just as important as it is to help us punish the perpetrators, the amendment will help us rebuild the lives of those caught up in it. We know funds are always limited. We put in accountability measures to ensure the Federal funds are used for their intended purposes. Let us continue to have the United States as a beacon of hope to people around the world. I ask unanimous consent to have printed in the Record letters in support of amendment 21, the Trafficking Victims Protection Reauthorization Act, to S. 47, the Violence Against Women Reauthorization Act of 2013.

Mr. LEAHY. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. LEAHY. Let's pass this. Mr. President, I am going to suggest the absence of a quorum unless somebody else seeks recognition. I see the distinguished Senator from Florida on the floor, and I yield the floor.

Mr. LEAHY. Mr. President, before the Senator from Florida yields, I appreciate the strong support of Senator Rubio. He has been the voice of reason and consistency in this area and I appreciate it. I suggest the absence of a quorum with the time equally divided.

Mr. LEAHY. Mr. President, we are going to vote in a couple minutes, but I would reiterate what I said earlier. This is going to be a vote on the Trafficking Victims Protection Reauthorization Act. It is a bill that was written with the input of victims and service providers. Last year, we had 57 cosponsors, including 15 Republicans. I do want to thank Senator Rubio, who was on the floor a few minutes ago speaking about it. I could not help but think, as I said earlier, when I looked at the calendar today, February 12--the day on which Abraham Lincoln was born; and 150 years ago, he delivered the Emancipation Proclamation--wouldn't it be great if the Senate passed the Trafficking Victims Protection Reauthorization Act on President Lincoln's birthday? I also said earlier today that the Senate should be--often is--the conscience of the Nation. I have to imagine that the conscience of the vast majority of our 300 million Americans--whether they are Republicans or Democrats; liberals, moderates, or conservatives; Independents--their conscience would rebel against the idea of, really, slave trafficking, whether it is people trapped in the sex trade or in factories where they face the possibility, if there is a fire, they are all going to die because they are forced to be there. Let's speak. Let's speak to the conscience of this country. Mr. President, have the yeas and nays been ordered on my amendment?

Mr. LEAHY. Mr. President, I ask for the yeas and nays.

Mr. LEAHY. Mr. President, I yield back all time.

Mr. LEAHY. Mr. President, I move to reconsider the vote.

Mr. LEAHY. Parliamentary inquiry: Under the previous order, we are now on amendment No. 10?

Mr. LEAHY. I agree with the Senator from Ohio. I am perfectly willing to accept this amendment by a voice vote, and I do support it. I am encouraged that the Senate has voted to pass the Trafficking Victims Protection Reauthorization Act, which will let us make real progress in helping victims of human trafficking. I worked with Senator Rubio last Congress to reauthorize and improve our antitrafficking law and needed programs. We were stymied by an anonymous Republican objection. Today we achieved a breakthrough when the Senate voted to approve the Trafficking Victims Protection Reauthorization Act. I thank Senators from both sides of the aisle who have rejected the cramped view of the Heritage Foundation and joined with us to make progress on this important issue, to help victims and to help prevent human trafficking. The vote the Senate just took to approve vital antitrafficking legislation will ensure that resources and services get to trafficking victims in ways shown to work. By our action, we are improving and strengthening antitrafficking programs. I do not wish to conflate or confuse the two issues. The Violence Against Women Act provides programs for victims of sexual assault and domestic violence. Trafficking is different, a unique form of abuse with separate programs designed to address it in the Trafficking Victims Protection Act. When trafficking victims also experience sexual assault, they can also access programs funded through VAWA for sexual assault victims. The Leahy-Crapo Violence Against Women Reauthorization Act explicitly provides that VAWA programs are to help victims of domestic violence, dating violence, sexual assault, or stalking. That includes trafficking victims. That language was carefully crafted with advocates for victims of those crimes. Accordingly, I believe that amendment 10 is unnecessary. It duplicates and reiterates what the bill already provides. So long as it does not harm and does not create confusion, I support it. The Senator from Oklahoma may accuse us of providing duplicative programs, but no one is going to subject themselves to sexual assault just because they might be eligible for a VAWA program or help from a trafficking program. No individual victim is going to somehow profit at taxpayers' expense. The amendment is accepted merely as further clarification of the availability of VAWA programs to children who are both victims of trafficking and sexual assault. Sex trafficking victims are by definition also sexual assault victims. I am not in favor of confusing program administrators or taking program funds away from victims of rape and domestic violence. I have worked hard not to pit victims against each other. Instead, I have tried to provide for the needs of all victims.

Mr. LEAHY. Madam President, I move to reconsider.

Mr. LEAHY. Madam President, the distinguished Senator from Alaska, Ms. Murkowski, has filed amendment No. 11, a technical fix to ensure that VAWA's tribal provisions apply to Alaska. I now offer the amendment on her behalf. I support this amendment and I ask it be added to the bill.

Mr. LEAHY. I ask further reading of the amendment be dispensed with.

Mr. LEAHY

Mr. LEAHY. Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on February 12, 2013, at 2:30 p.m.