I 

112TH CONGRESS 

1ST SESSION H. R. 3589 

To authorize appropriations for fiscal years 2012 and 2013 for the Trafficking 

Victims Protection Act of 2000, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 7, 2011 

Mr. SMITH of New Jersey (for himself and Mr. ISSA) introduced the following 

bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Ways and Means, and Energy 

and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To authorize appropriations for fiscal years 2012 and 2013 

for the Trafficking Victims Protection Act of 2000, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Trafficking Victims Protection Reauthorization Act of 

6 2011’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 


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Sec. 1. Short title and table of contents. 

TITLE I—COMBATING INTERNATIONAL TRAFFICKING IN 

PERSONS 

Sec. 101. Authority to restrict passports. 

Sec. 102. Office To Monitor and Combat Modern Slavery and Other Forms of 

Human Trafficking. 

Sec. 103. Prevention of trafficking. 

Sec. 104. Reports to Congress. 

Sec. 105. Temporary increase in fee for certain consular services. 

Sec. 106. Additional activities to monitor and combat forced labor and child 

labor. 

Sec. 107. Enhancing protection for children exploited abroad by United States 

citizens and permanent resident aliens. 

Sec. 108. Sense of Congress on human trafficking in Cambodia. 

Sec. 109. Prohibition on peacekeeping operations assistance to countries that 

recruit and use child soldiers and revision to national interest 

waiver under the Child Soldiers Prevention Act of 2008. 

Sec. 110. Report on Internet-facilitated human trafficking. 

TITLE II—COMBATING TRAFFICKING IN PERSONS IN THE 

UNITED STATES 

Subtitle A—Amendments to the Trafficking Victims Protection Act of 2000 

Sec. 201. Transfer of United States programming to the Attorney General. 

Sec. 202. Interagency Task Force To Monitor and Combat Trafficking. 

Sec. 203. Ensuring timely response to requests for continued presence. 

Sec. 204. Report to Congress. 

Subtitle B—Amendments to Title 18, United States Code 

Sec. 211. Renaming of basic Federal trafficking statute. 

Sec. 212. Clarifying trafficking definitions and prosecution. 

Sec. 213. Fighting sex tourism. 

Sec. 214. Identification documents. 

Sec. 215. Fraud in foreign labor contracting as a Rico Predicate. 

Subtitle C—Amendments to Other Laws 

Sec. 221. Enhancing efforts to combat the trafficking of children. 

Sec. 222. Improving local efforts to combat trafficking and sexual exploitation 

of children. 

Sec. 223. Efforts to publicize the National Human Trafficking Resource Center 

hotline. 

TITLE III—AUTHORIZATION OF APPROPRIATIONS 

Sec. 301. Trafficking Victims Protection Act of 2000. 

Sec. 302. Trafficking Victims Protection Reauthorization Act of 2005. 

Sec. 303. Eligibility for assistance. 

Sec. 304. Reporting requirements. 


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1 TITLE I—COMBATING INTER2 NATIONAL TRAFFICKING IN 

3 PERSONS 

4 SEC. 101. AUTHORITY TO RESTRICT PASSPORTS. 

5 (a) IN GENERAL.—The Secretary of State is author6 ized to— 

7 (1) limit to 1 year or such period of time as the 

8 Secretary of State shall determine appropriate the 

9 period of validity of a passport issued to a sex of10 fender; and 

11 (2) revoke the passport or passport card of an 

12 individual who has been convicted by a court of com13 petent jurisdiction in a foreign country of a sex of14 fense. 

15 (b) LIMITATION FOR RETURN TO UNITED STATES.— 

16 Notwithstanding subsection (a), in no case shall a United 

17 States citizen convicted by a court of competent jurisdic18 tion in a foreign country of a sex offense be precluded 

19 from entering the United States due to a passport revoca20 tion under such subsection. 

21 (c) REAPPLICATION.—An individual whose passport 

22 or passport card was revoked pursuant to subsection 

23 (a)(2) may reapply for a passport or passport card at any 

24 time after such individual has returned to the United 

25 States. 


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1 (d) DEFINITIONS.—For purposes of this section: 

2 (1) SEX OFFENDER.—The term ‘‘sex offender’’ 

3 means an individual who is listed on the National 

4 Sex Offender Registry established pursuant to sec5 tion 119 of the Sex Offender Registration and Noti6 fication Act (42 U.S.C. 16915). 

7 (2) SEX OFFENSE.—The term ‘‘sex offense’’ 

8 means a sex offense as defined in section 111(5) of 

9 the Sex Offender Registration and Notification Act 

10 (42 U.S.C. 16915). 

11 SEC. 102. OFFICE TO MONITOR AND COMBAT MODERN 

12 SLAVERY AND OTHER FORMS OF HUMAN 

13 TRAFFICKING. 

14 (a) IN GENERAL.—Section 105(e) of the Trafficking 

15 Victims Protection Act of 2000 (22 U.S.C. 7103(e)) is 

16 amended— 

17 (1) in the heading, by striking ‘‘OFFICE TO

18 MONITOR AND COMBAT TRAFFICKING’’ and insert19 ing ‘‘OFFICE TO MONITOR AND COMBAT MODERN

20 SLAVERY AND OTHER FORMS OF HUMAN TRAF21 FICKING’’; 

22 (2) in paragraph (1)— 

23 (A) in the first sentence, by striking ‘‘Of24 fice to Monitor and Combat Trafficking’’ and 

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1 ern Slavery and Other Forms of Human Traf2 ficking’’; and 

3 (B) in the second sentence— 

4 (i) by striking ‘‘a Director’’ and in5 serting ‘‘an Ambassador-at-Large for Com6 bating Human Trafficking (referred to in 

7 this section as the ‘Ambassador’)’’; 

8 (ii) by striking ‘‘with the rank’’ and 

9 inserting ‘‘with the rank and status’’; and 

10 (iii) in the third, fourth, and fifth sen11 tences, by striking ‘‘Director’’ each place it 

12 appears and inserting ‘‘Ambassador’’; and 

13 (3) in paragraph (2)— 

14 (A) by striking ‘‘Director’’ each place it 

15 appears and inserting ‘‘Ambassador’’; and 

16 (B) in subparagraph (B), by striking ‘‘Of17 fice to Monitor and Combat Trafficking’’ each 

18 place it appears and inserting ‘‘Office to Mon19 itor and Combat Modern Slavery and Other 

20 Forms of Human Trafficking’’. 

21 (b) CONFORMING AMENDMENTS.—Any reference in 

22 the Trafficking Victims Protection Act of 2000 or in any 

23 other Act to the Office to Monitor and Combat Trafficking 

24 or to the Director of the Office to Monitor and Combat 

25 Trafficking shall be deemed to be a reference to the Office 


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1 To Monitor and Combat Modern Slavery and Other Forms 

2 of Human Trafficking or to the Ambassador-at-Large for 

3 Combating Human Trafficking, respectively. 

4 SEC. 103. PREVENTION OF TRAFFICKING. 

5 (a) ECONOMIC ALTERNATIVES TO PREVENT AND

6 DETER TRAFFICKING.—Section 106(a) of the Trafficking 

7 Victims Protection Act of 2000 (22 U.S.C. 7104(a)) is 

8 amended— 

9 (1) by striking ‘‘The President’’ and inserting 

10 the following: 

11 ‘‘(1) IN GENERAL.—The President’’; 

12 (2) in paragraph (1) (as redesignated), by in13 serting ‘‘targeted’’ after ‘‘carry out’’; 

14 (3) by striking ‘‘Such initiatives’’ and inserting 

15 the following: 

16 ‘‘(2) INITIATIVES.—Such initiatives’’; 

17 (4) by redesignating paragraphs (1) through 

18 (5) that follow paragraph (2) (as redesignated) as 

19 subparagraphs (A) through (E), respectively, and by 

20 moving the margins two ems to the right; 

21 (5) in paragraph (2) (as redesignated)— 

22 (A) in subparagraph (A) (as redesignated), 

23 by inserting ‘‘and micro-enterprise’’ after 

24 ‘‘microcredit’’; 


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1 (B) in subparagraph (D) (as redesignated), 

2 by striking ‘‘and’’ at the end; 

3 (C) in subparagraph (E) (as redesignated), 

4 by striking the period at the end and inserting 

5 ‘‘; and’’; and 

6 (D) by adding at the end the following: 

7 ‘‘(F) public-private partnerships to gen8 erate youth employment opportunities.’’; and 

9 (6) by adding at the end the following: 

10 ‘‘(3) PRIORITY FOR POTENTIAL VICTIMS OF

11 TRAFFICKING.—In carrying out such initiatives, the 

12 President may give priority to the following persons 

13 who are potential victims of trafficking: 

14 ‘‘(A) Stateless persons. 

15 ‘‘(B) Refugees and internally displaced 

16 persons. 

17 ‘‘(C) Persons who lack access to legal rep18 resentation or are otherwise marginalized. 

19 ‘‘(D) Persons from regions of limited social 

20 protections or educational or economic options 

21 for women, particularly persons who are victims 

22 of sexual abuse or exploitation. 

23 ‘‘(E) Persons from regions of high undocu24 mented migration or displacement resulting 

25 from violent conflict or natural disasters. 


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1 ‘‘(F) Persons from regions with high rates 

2 of child labor, child abandonment, or child sex 

3 tourism. 

4 ‘‘(G) Persons who meet one or more of the 

5 criteria in subparagraphs (A) through (F).’’. 

6 (b) PREVENTION OF TRAFFICKING IN CONJUNCTION

7 WITH POST-CONFLICT AND HUMANITARIAN EMERGENCY

8 ASSISTANCE.—Section 106(h) of the Trafficking Victims 

9 Protection Act of 2000 (22 U.S.C. 7104(h)) is amended— 

10 (1) by striking ‘‘The’’ and inserting the fol11 lowing: 

12 ‘‘(1) INCORPORATION OF MEASURES INTO EX13 ISTING PROGRAMS.—The’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(2) AUTHORIZATION OF ASSISTANCE TO SPE16 CIFICALLY ADDRESS POST-CONFLICT AND HUMANI17 TARIAN EMERGENCIES.—The Secretary of State, 

18 acting through the Ambassador-at-Large for Com19 bating Human Trafficking, is authorized to provide 

20 assistance on an urgent basis for vulnerable popu21 lations at risk of severe forms of trafficking in per22 sons in conjunction with post-conflict situations and 

23 humanitarian emergencies.’’. 


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1 SEC. 104. REPORTS TO CONGRESS. 

2 Section 110(b) of the Trafficking Victims Protection 

3 Act of 2000 (22 U.S.C. 7107(b)(1)) is amended— 

4 (1) in paragraph (1)— 

5 (A) in the matter preceding subparagraph 

6 (A), by inserting ‘‘, acting through the Ambas7 sador-at-Large for Combating Human Traf8 ficking,’’ after ‘‘Secretary of State’’; 

9 (B) in subparagraph (E), by striking 

10 ‘‘and’’ at the end; 

11 (C) by redesignating subparagraph (F) as 

12 subparagraph (I); and 

13 (D) by inserting after subparagraph (E) 

14 the following: 

15 ‘‘(F) a section entitled ‘Best Practices in 

16 Slavery Eradication’ to highlight innovations in 

17 prevention, protection, and prosecution of the 

18 perpetrators of trafficking, as well as public-pri19 vate partnerships; 

20 ‘‘(G) a section entitled ‘Refugee-Traf21 ficking Connection’ to highlight the vulner22 ability of refugee populations to human traf23 ficking and to make recommendations for the 

24 prevention of refugee trafficking; 

25 ‘‘(H) an assessment of the actions taken 

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1 ment of Justice to investigate allegations of 

2 trafficking or abuse of nonimmigrants holding 

3 an A–3 visa or a G–5 visa (as such terms are 

4 defined in section 203(f) of the William Wilber5 force Trafficking Victims Protection Reauthor6 ization Act of 2008), results of such investiga7 tions; and’’; and 

8 (2) in paragraph (2), by inserting ‘‘, acting 

9 through the Ambassador-at-Large for Combating 

10 Human Trafficking,’’ after ‘‘Secretary of State’’. 

11 SEC. 105. TEMPORARY INCREASE IN FEE FOR CERTAIN 

12 CONSULAR SERVICES. 

13 Section 239(c) of the William Wilberforce Trafficking 

14 Victims Protection Reauthorization Act of 2008 (8 U.S.C. 

15 1351 note) is amended by striking ‘‘the date that is 3 

16 years after the first date on which such increased fee is 

17 collected’’ and inserting ‘‘September 30, 2015’’. 

18 SEC. 106. ADDITIONAL ACTIVITIES TO MONITOR AND COM19 BAT FORCED LABOR AND CHILD LABOR. 

20 (a) IN GENERAL.—Section 105(b) of the Trafficking 

21 Victims Protection Reauthorization Act of 2005 (22 

22 U.S.C. 7112(b)) is amended— 

23 (1) in paragraph (1), by inserting ‘‘and the 

24 United States’’ after ‘‘foreign countries’’; and 

25 (2) in paragraph (2)(C)— 


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1 (A) by inserting ‘‘and Congress’’ after 

2 ‘‘public’’; and 

3 (B) by inserting ‘‘, including the United 

4 States,’’ after ‘‘countries’’. 

5 (b) ADDITIONAL ACTIVITIES OF THE DEPARTMENT

6 OF STATE.—Section 105 of the Trafficking Victims Pro7 tection Reauthorization Act of 2005 (22 U.S.C. 7112) is 

8 amended by adding at the end the following: 

9 ‘‘(c) ADDITIONAL ACTIVITIES OF THE DEPARTMENT

10 OF STATE.— 

11 ‘‘(1) SHORT TITLE.—This subsection may be 

12 cited as the ‘Business Transparency on Trafficking 

13 and Slavery Act’. 

14 ‘‘(2) DISCLOSURE.—The Secretary of State, 

15 acting through the Ambassador-at-Large for Com16 bating Human Trafficking, shall encourage any per17 son described in paragraph (3)(B) to disclose on an 

18 annual basis on the person’s website and to the Sec19 retary of State any measures such person has taken 

20 during the year to identify and address conditions of 

21 forced labor, slavery, human trafficking, and the 

22 worst forms of child labor within such person’s sup23 ply chains. Such disclosure should include the fol24 lowing information under a heading ‘Policies to Ad25 dress Forced Labor, Slavery, Human Trafficking 


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1 and the Worst Forms of Child Labor’ describing to 

2 what extent, if any, the person conducts any of the 

3 following activities: 

4 ‘‘(A) Maintains a policy to identify and 

5 eliminate risks of forced labor, slavery, human 

6 trafficking, and the worst forms of child labor 

7 within its supply chain. If the person maintains 

8 such a policy, the disclosure should include the 

9 text of the policy or a substantive description of 

10 the elements of the policy. 

11 ‘‘(B) Maintains a policy prohibiting the use 

12 of the person’s corporate products, facilities, or 

13 services to obtain or maintain someone under 

14 conditions of forced labor, slavery, human traf15 ficking, and the worst forms of child labor. 

16 ‘‘(C) Engages in verification of product 

17 supply chains to evaluate and address risks of 

18 forced labor, slavery, human trafficking and the 

19 worst forms of child labor. The disclosure 

20 should— 

21 ‘‘(i) describe the greatest risks identi22 fied within the supply chain, and the meas23 ures taken toward eliminating those risks; 


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1 ‘‘(ii) specify whether the verification 

2 was or was not conducted by a third party; 

3 and 

4 ‘‘(iii) specify whether the verification 

5 process includes consultations with inde6 pendent unions, workers’ associations, or 

7 workers within workplaces and incor8 porates the resulting certification or writ9 ten comments from such independent 

10 union, workers’ associations, or workers. 

11 ‘‘(D) Ensures that audits of suppliers are 

12 conducted to evaluate supplier compliance with 

13 the person’s company standards for eliminating 

14 forced labor, slavery, human trafficking, and 

15 the worst forms of child labor in supply chains. 

16 The disclosure should specify if the verification 

17 was not an independent, unannounced audit. 

18 ‘‘(E) Assesses supply chain management 

19 and procurement systems of suppliers in the 

20 person’s supply chain, to verify whether said 

21 suppliers have in place appropriate systems to 

22 identify risks of forced labor, slavery, human 

23 trafficking, and the worst forms of child labor 

24 within their own supply chain. 


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1 ‘‘(F) Requires suppliers in its supply chain 

2 to certify that materials incorporated into the 

3 product comply with the laws regarding forced 

4 labor, slavery, human trafficking, and the worst 

5 forms of child labor of the country or countries 

6 in which they are doing business. 

7 ‘‘(G) Maintains internal accountability 

8 standards, supply chain management and pro9 curement systems, and procedures for employ10 ees or contractors failing to meet the person’s 

11 company standards regarding forced labor, slav12 ery, human trafficking, and the worst forms of 

13 child labor. The disclosure should describe such 

14 standards and systems. 

15 ‘‘(H) Provides the person’s employees and 

16 management who have direct responsibility for 

17 supply chain management, training on forced 

18 labor, slavery, human trafficking and the worst 

19 forms of child labor, particularly with respect to 

20 mitigating risks within the supply chains of 

21 products. 

22 ‘‘(I) Ensures that recruitment practices at 

23 all suppliers comply with the person’s company 

24 standards for eliminating exploitive labor prac25 tices that contribute to forced labor, slavery, 


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1 human trafficking, and the worst forms of child 

2 labor, including by conducting audits of labor 

3 recruiters and disclosing the results of such au4 dits. 

5 ‘‘(J) In cases where forced labor, slavery, 

6 human trafficking, and the worst forms of child 

7 labor have been identified within the supply 

8 chain, ensures that remediation is provided to 

9 those who have been identified as victims. 

10 ‘‘(3) DEFINITIONS.—In this subsection— 

11 ‘‘(A) the term ‘forced labor, slavery, 

12 human trafficking and the worst forms of child 

13 labor’ means child labor in violation of inter14 national standards including International 

15 Labor Organization Convention No. 182 and 

16 acts that would violate the criminal provisions 

17 related to slavery and human trafficking under 

18 chapter 77 of title 18 if they had been com19 mitted within the jurisdiction of the United 

20 States; 

21 ‘‘(B) the term ‘person’ means any publicly22 traded or private entity wherever located, car23 rying out business operations in the United 

24 States, and having annual worldwide global re25 ceipts in excess of $100,000,000; 


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1 ‘‘(C) the term ‘remediation’ means the ac2 tivities or systems that a company puts in place 

3 to address non-compliance with the standards 

4 identified through monitoring or verification, 

5 which may apply to individuals adversely af6 fected by the non-compliant conduct or address 

7 broader systematic processes; 

8 ‘‘(D) the term ‘supply chain’, with respect 

9 to a person making the disclosure described in 

10 subsection (a), means all suppliers of products, 

11 component parts of products, and raw materials 

12 used by such person in the manufacturing of 

13 such person’s products or the provision of such 

14 person’s services, whether or not such person 

15 has a direct relationship with the supplier; and 

16 ‘‘(E) the term ‘verification’ means the 

17 process by which a company is evaluated to de18 termine compliance with its documented pro19 gram, including standards on forced labor, slav20 ery, human trafficking, and the worst forms of 

21 child labor, including an evaluation of— 

22 ‘‘(i) data gathered through monitoring 

23 activities to ensure results are reliable and 

24 process is credible; and 


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1 ‘‘(ii) the system established to reme2 diate violations to determine if remediation 

3 is implemented and effective.’’. 

4 SEC. 107. ENHANCING PROTECTION FOR CHILDREN EX5 PLOITED ABROAD BY UNITED STATES CITI6 ZENS AND PERMANENT RESIDENT ALIENS. 

7 Section 2423 of title 18, United States Code, is 

8 amended— 

9 (1) in subsection (c)— 

10 (A) by inserting ‘‘or engages in travel af11 fecting’’ before ‘‘foreign commerce’’; and 

12 (B) by inserting ‘‘(even if residing, whether 

13 temporarily or permanently, in a foreign juris14 diction)’’ after ‘‘foreign commerce’’; and 

15 (2) by inserting after subsection (g) the fol16 lowing: 

17 ‘‘(h) NON-DEFENSES.—It is not a defense to a pros18 ecution under subsection (c), based on illicit sexual con19 duct, that the defendant is not criminally liable or is sub20 ject to reduced criminal liability due to the de jure or de 

21 facto acceptance of the illicit conduct in the foreign juris22 diction in which the defendant travels or resides.’’. 

23 SEC. 108. SENSE OF CONGRESS ON HUMAN TRAFFICKING 

24 IN CAMBODIA. 

25 (a) FINDINGS.—Congress finds the following: 


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1 (1) According to notable news sources, the 

2 Kingdom of Cambodia remains a ‘‘magnet’’ for 

3 those who sexually prey on the young. 

4 (2) Human Rights Watch reports that ‘‘human 

5 trafficking of women and girls into sex work is a 

6 problem in Cambodia, fuelled by corruption and a 

7 lack of political will to prosecute traffickers’’. 

8 (3) According to Human Rights Watch, ‘‘Cam9 bodia is plagued not only by widespread abuses com10 mitted by officials, but impunity for perpetrators.’’. 

11 (4) The 2011 Department of State’s Traf12 ficking in Persons Report (TIP) states that ‘‘the 

13 Government of Cambodia did not demonstrate 

14 progress in law enforcement efforts against traf15 ficking crimes during the year’’, and that ‘‘in some 

16 cases, Cambodian police were reportedly unwilling to 

17 pursue investigations of several suspected trafficking 

18 establishments during the year because the estab19 lishments were thought to be owned by or affiliated 

20 with high-ranking officials’’. 

21 (5) The Government of Cambodia convicted 

22 only 20 trafficking offenders during 2010, ‘‘a de23 crease from 36 the previous reporting period’’, ac24 cording to the 2011 TIP Report. 


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1 (6) There was no improvement in efforts by the 

2 Government of Cambodia to identify and protect 

3 trafficking victims during the previous reporting pe4 riod, according to the 2011 TIP Report. 

5 (7) According to the 2011 TIP Report, ‘‘coun6 tries whose governments do not fully comply with 

7 the minimum standards and are not making signifi8 cant efforts to do so’’, will be designated as Tier 3 

9 countries pursuant to section 110 of the Trafficking 

10 Victims Protection Act of 2000 (22 U.S.C. 7107). 

11 (b) SENSE OF CONGRESS.—It is the sense of Con12 gress that— 

13 (1) the measures taken by the Government of 

14 Cambodia are insufficient in addressing the scope of 

15 Cambodia’s human trafficking problem; and 

16 (2) Cambodia should be designated as a Tier 3 

17 country pursuant to section 110 of the Trafficking 

18 Victims Protection Act of 2000 (22 U.S.C. 7107). 

19 SEC. 109. PROHIBITION ON PEACEKEEPING OPERATIONS 

20 ASSISTANCE TO COUNTRIES THAT RECRUIT 

21 AND USE CHILD SOLDIERS AND REVISION TO 

22 NATIONAL INTEREST WAIVER UNDER THE 

23 CHILD SOLDIERS PREVENTION ACT OF 2008. 

24 (a) PROHIBITION ON PEACEKEEPING OPERATIONS

25 ASSISTANCE.— 


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1 (1) IN GENERAL.—Section 404(a) of the Child 

2 Soldiers Prevention Act of 2008 (22 U.S.C. 2370c– 

3 1(a)) is amended— 

4 (A) by striking ‘‘or 541’’ and inserting ‘‘, 

5 541, or 551’’; and 

6 (B) by striking ‘‘or 2347’’ and inserting ‘‘, 

7 2347, or 2348’’. 

8 (2) EFFECTIVE DATE.—The amendments made 

9 by paragraph (1) take effect on the date of the en10 actment of this Act and apply with respect to 

11 amounts made available for assistance under section 

12 551 of the Foreign Assistance Act of 1961 that are 

13 unobligated or unexpended on or after such date. 

14 (b) NATIONAL INTEREST WAIVER.—Section 404(c) 

15 of the Child Soldiers Prevention Act of 2008 (22 U.S.C. 

16 2370c–1(c)) is amended to read as follows: 

17 ‘‘(c) NATIONAL INTEREST WAIVER.—The President 

18 may waive the application to a country of the prohibition 

19 in subsection (a) if— 

20 ‘‘(1) the President determines that such waiver 

21 is in the national interest of the United States; and 

22 ‘‘(2) the President provides to the appropriate 

23 congressional committees at least 15 days in ad24 vance of exercising the waiver a justification for 

25 granting such a waiver, including a certification that 


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1 the government of the country has taken credible 

2 and verifiable steps to implement a plan of action to 

3 end the recruitment and use of child soldiers, includ4 ing the demobilization of child soldiers.’’. 

5 SEC. 110. REPORT ON INTERNET-FACILITATED HUMAN 

6 TRAFFICKING. 

7 (a) IN GENERAL.—Not later than January 1, 2013, 

8 the Senior Policy Operating Group, in coordination with 

9 the Office to Combat Modern Slavery and Other Forms 

10 of Human Trafficking of the Department of State, shall 

11 submit to Congress a report on Internet-facilitated human 

12 trafficking. 

13 (b) MATTERS TO BE INCLUDED.—The report shall 

14 include the following: 

15 (1) Statistics and trends relating to Internet-fa16 cilitated human trafficking cases over the last 10 

17 years. To the extent possible, the statistics and 

18 trends should be broken down by Federal depart19 ment and agency handling each case. 

20 (2) Factors that impact the prevalence of Inter21 net-facilitated trafficking, such as geography, sea22 son, and large events. 

23 (3) Specific challenges faced by Federal depart24 ments and agencies in preventing Internet-facilitated 

25 trafficking and prosecuting offenders. 


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1 (4) Proposals to assist the Federal government 

2 to prevent Internet-facilitated human trafficking. In 

3 drafting the proposals, the Senior Policy Operating 

4 Group should examine— 

5 (A) adoption of cutting-edge technology; 

6 (B) collaboration between the private and 

7 public sectors; 

8 (C) enforcement of current laws; 

9 (D) improved information gathering and 

10 interdepartmental collaboration; and 

11 (E) development of new laws and policies. 

12 (c) CONSULTATION.—In preparing the report, the 

13 Senior Policy Operating Group should consult with local 

14 law enforcement and private-sector and non-profit agen15 cies that have demonstrated a commitment to ending 

16 Internet-facilitated human trafficking. 

17 (d) DEFINITIONS.—In this section— 

18 (1) the term ‘‘Internet-facilitated human traf19 ficking’’ means the use of the Internet to engage in 

20 severe forms of trafficking in persons; 

21 (2) the term ‘‘Senior Policy Operating Group’’ 

22 means the Senior Policy Operating Group— 

23 (A) established under section 105(f) of the 

24 Trafficking Victims Protection Act of 2000 (22 

25 U.S.C. 7103(f)); and 


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1 (B) chaired by the Ambassador-at-Large 

2 for Combating Human Trafficking; and 

3 (3) the term ‘‘severe forms of trafficking in per4 sons’’ has the meaning given such term in section 

5 103(8) of the Trafficking Victims Protection Act of 

6 2000 (22 U.S.C. 7102(8)). 

7 TITLE II—COMBATING TRAF8 FICKING IN PERSONS IN THE 

9 UNITED STATES 

10 Subtitle A—Amendments to the 

11 Trafficking Victims Protection 

12 Act of 2000 

13 SEC. 201. TRANSFER OF UNITED STATES PROGRAMMING TO 

14 THE ATTORNEY GENERAL. 

15 (a) INTERAGENCY TASK FORCE TO MONITOR AND

16 COMBAT TRAFFICKING.—Section 105 of the Trafficking 

17 Victims Protection Act of 2000 (22 U.S.C. 7103) is 

18 amended— 

19 (1) in subsection (b), by striking ‘‘the Secretary 

20 of Health and Human Services,’’; and 

21 (2) in subsection (d)(7)(A), by striking ‘‘the 

22 Secretary of Health and Human Services,’’. 

23 (b) PREVENTION OF TRAFFICKING THROUGH PUB24 LIC AWARENESS.—Section 106(b) of the Trafficking Vic25 tims Protection Act of 2000 (22 U.S.C. 7104(b)) is 


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1 amended by striking ‘‘the Secretary of Health and Human 

2 Services,’’. 

3 (c) ASSISTANCE FOR VICTIMS IN THE UNITED

4 STATES.—Section 107(b)(1) of the Trafficking Victims 

5 Protection Act of 2000 (22 U.S.C. 7105(b)(1)) is amend6 ed— 

7 (1) in subparagraph (B), by striking ‘‘the Sec8 retary of Health and Human Services’’ each place it 

9 appears and inserting ‘‘the Attorney General’’; and 

10 (2) in subparagraph (E)— 

11 (A) in clause (i)— 

12 (i) by striking ‘‘the Secretary of 

13 Health and Human Services’’ and insert14 ing ‘‘the Attorney General’’; and 

15 (ii) by striking ‘‘the Attorney General 

16 and’’; and 

17 (B) in clause (iv), by striking ‘‘the Sec18 retary of Health and Human Services’’ and in19 serting ‘‘the Attorney General’’. 

20 (d) TRAFFICKING VICTIM REGULATIONS.—Section 

21 107(c)(4) of the Trafficking Victims Protection Act of 

22 2000 (22 U.S.C. 7105(c)(4)) is amended by striking ‘‘the 

23 Secretary of Health and Human Services’’ and inserting 

24 ‘‘the Secretary of Homeland Security’’. 


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1 (e) ASSISTANCE FOR UNITED STATES CITIZENS AND

2 LAWFUL PERMANENT RESIDENTS.—Section 107(f) of the 

3 Trafficking Victims Protection Act of 2000 (22 U.S.C. 

4 7105(f)) is amended— 

5 (1) in paragraph (1)— 

6 (A) by striking ‘‘The Secretary of Health 

7 and Human Services and the’’ and inserting 

8 ‘‘The’’; and 

9 (B) by striking ‘‘the Secretary and’’; and 

10 (2) in paragraph (3)(A), by striking ‘‘The Sec11 retary of Health and Human Services and the’’ and 

12 inserting ‘‘The’’. 

13 (f) RESEARCH ON DOMESTIC AND INTERNATIONAL

14 TRAFFICKING IN PERSONS.—Section 112A of the Traf15 ficking Victims Protection Act of 2000 (22 U.S.C. 7109a)) 

16 is amended by striking ‘‘the Secretary of Health and 

17 Human Services,’’. 

18 SEC. 202. INTERAGENCY TASK FORCE TO MONITOR AND 

19 COMBAT TRAFFICKING. 

20 (a) APPOINTMENT.—Section 105(b) of the Traf21 ficking Victims Protection Act of 2000 (22 U.S.C. 

22 7103(b)) is amended by inserting after ‘‘Education,’’ the 

23 following: ‘‘the Director of the Peace Corps,’’. 

24 (b) REPORT ON ACTIVITIES OF GOVERNMENT CON25 TRACTORS AND SUBCONTRACTORS.—Section 105(d)(7) of 


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1 the Trafficking Victims Protection Act of 2000 (22 U.S.C. 

2 7103(d)(7)) is amended— 

3 (1) in subparagraph (H)(iii), by striking the 

4 semicolon at the end and inserting the following: ‘‘, 

5 including whether— 

6 ‘‘(I) employee handbooks or 

7 handbook equivalents of such govern8 ment contractors and subcontractors 

9 describe the United States Govern10 ment’s zero-tolerance policy regarding 

11 trafficking in persons and the actions, 

12 up to and including termination, that 

13 the employer will take against its em14 ployees for violations of the zero-toler15 ance policy; and 

16 ‘‘(II) any employees of such gov17 ernment contractors or subcontractors 

18 have been disciplined or terminated or 

19 prosecuted for violation of the zero20 tolerance policy;’’; and 

21 (2) in subparagraph (I)(i), by adding at the end 

22 before the semicolon the following: ‘‘, including the 

23 extent to which Federal departments and agencies 

24 have terminated any contracts of United States Gov25 ernment’s contractors or subcontractors based on a 


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1 trafficking in persons offense and whether any em2 ployees of any United States Government’s con3 tractor or subcontractor have been disciplined, ter4 minated, or prosecuted for violation of the zero-toler5 ance policy’’. 

6 (c) REPORT ON ACTIVITIES OF BUREAU OF JUSTICE

7 ASSISTANCE.—Section 105(d)(7) of the Trafficking Vic8 tims Protection Act of 2000 (22 U.S.C. 7103(d)(7)), as 

9 amended by subsection (b) of this section, is further 

10 amended— 

11 (1) in subparagraph (I), by striking ‘‘and’’ at 

12 the end; 

13 (2) in subparagraph (J), by striking the period 

14 at the end and inserting ‘‘; and’’; and 

15 (3) by adding the following: 

16 ‘‘(K) with regard to grant activities of the 

17 Bureau of Justice Assistance— 

18 ‘‘(i) for each human trafficking 

19 taskforce whose operations are supported 

20 by grants from the Department of Justice, 

21 the number of reports of trafficking, inves22 tigations of trafficking, T- and U-visa cer23 tifications requested and granted in con24 nection with instances of trafficking, reVerDate Mar 15 2010 04:49 Dec 13, 2011 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H3589.IH H3589

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1 quests for continuation of presence under 

2 107(c)(A)(iii) and grants of the same; 

3 ‘‘(ii) a description of the data de4 scribed in clause (i) classified by certain 

5 identifying information of each trafficking 

6 victim including sex, age, citizenship, and 

7 whether that individual was the victim of 

8 trafficking for purposes of labor or for 

9 commercial sex; and 

10 ‘‘(iii) an outline of the content of any 

11 existing protocols of the human trafficking 

12 taskforce for reporting trafficking and 

13 points of entry into the criminal investiga14 tion and service provision collaboration.’’. 

15 SEC. 203. ENSURING TIMELY RESPONSE TO REQUESTS FOR 

16 CONTINUED PRESENCE. 

17 Section 107(c)(3)(A)(i) of the Trafficking Victims 

18 Protection Act of 2000 (22 U.S.C. 7105 (c)(3)(A)(i)) is 

19 amended— 

20 (1) by inserting ‘‘or may be a victim of a severe 

21 form of trafficking’’ before ‘‘and may be a potential 

22 witness’’; and 

23 (2) by adding after the period at the end the 

24 following: ‘‘If a request for continued presence is 

25 made to a Federal law enforcement official, such ofVerDate Mar 15 2010 04:49 Dec 13, 2011 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H3589.IH H3589

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1 ficial shall respond to the request not later than 15 

2 days after the date on which such request was made, 

3 stating whether the official has filed the application 

4 for continued presence with the Secretary of Home5 land Security and, if not, whether the official expects 

6 to do so. Not later than one month after the date 

7 on which such an application is filed, the Secretary 

8 of Homeland Security shall approve or deny that ap9 plication.’’. 

10 SEC. 204. REPORT TO CONGRESS. 

11 Section 110(b) of the Trafficking Victims Protection 

12 Act of 2000 (7107(b)) is amended by adding at the end 

13 the following: 

14 ‘‘(5) ADDITIONAL REPORTING REQUIREMENT.— 

15 In addition to the information required in the an16 nual report under paragraph (1) and the interim re17 port under paragraph (2), the Secretary of State 

18 shall include in each such report a description of ef19 forts of the United States to comply with minimum 

20 standards for the elimination of trafficking.’’. 


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1 Subtitle B—Amendments to Title 

2 18, United States Code 

3 SEC. 211. RENAMING OF BASIC FEDERAL TRAFFICKING 

4 STATUTE. 

5 (a) IN GENERAL.—The section heading for section 

6 2422 of title 18, United States Code, is amended by strik7 ing ‘‘Coercion and enticement’’ and inserting ‘‘Sex 

8 trafficking and related offenses’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of chapter 117 of title 18, United States 

11 Code, is amended so that the item relating to section 2422 

12 reads as follows: 

‘‘2422. Sex trafficking and related offenses.’’. 

13 SEC. 212. CLARIFYING TRAFFICKING DEFINITIONS AND 

14 PROSECUTION. 

15 (a) IN GENERAL.—The section heading for section 

16 1591 of title 18, United States Code, is amended by strik17 ing ‘‘Sex trafficking of children or by force, 

18 fraud, or coercion’’ and inserting ‘‘Severe forms 

19 of trafficking in persons’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 at the beginning of chapter 77 of title 18, United States 

22 Code, is amended so that the item relating to section 1591 

23 reads as follows: 

‘‘1591. Severe forms of trafficking in persons.’’. 


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1 SEC. 213. FIGHTING SEX TOURISM. 

2 The heading for subsection (d) of section 2423 of title 

3 18, United States Code, is amended by striking ‘‘Ancil4 lary offenses’’ and inserting ‘‘Child sex tourism’’. 

5 SEC. 214. IDENTIFICATION DOCUMENTS. 

6 (a) IN GENERAL.—Chapter 77 of title 18, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘§ 1597. Unlawful conduct with respect to immigra10 tion documents 

11 ‘‘(a) DESTRUCTION, CONCEALMENT, REMOVAL, CON12 FISCATION, OR POSSESSION OF IMMIGRATION DOCU13 MENTS.—It shall be unlawful for any person to knowingly 

14 destroy, or, for a period of more than 48 hours, conceal, 

15 remove, confiscate, or possess, an actual or purported 

16 passport, other immigration, or personal identification 

17 document of another individual— 

18 ‘‘(1) in the course of a violation of section 1351 

19 of this title or section 274 of the Immigration and 

20 Nationality Act (8 U.S.C. 1324); 

21 ‘‘(2) with intent to violate section 1351 of this 

22 title or section 274 of the Immigration and Nation23 ality Act (8 U.S.C. 1324); or 

24 ‘‘(3) in order to, without lawful authority, 

25 maintain, prevent, or restrict the labor of services of 

26 the individual. 


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1 ‘‘(b) PENALTY.—Whoever violates subsection (a) 

2 shall be fined under this title, imprisoned for not more 

3 than 1 year, or both. 

4 ‘‘(c) OBSTRUCTION.—Whoever obstructs, attempts to 

5 obstruct, or in any way interferes with or prevents the en6 forcement of this section, shall be subject to the penalties 

7 described in subsection (b).’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of chapter 77 of title 18, United States 

10 Code, is amended by adding at the end the following: 

‘‘1597. Unlawful conduct with respect to immigration documents.’’. 

11 SEC. 215. FRAUD IN FOREIGN LABOR CONTRACTING AS A 

12 RICO PREDICATE. 

13 Section 1961 of title 18, United States Code, is 

14 amended in paragraph (1)(B) by inserting ‘‘section 1351 

15 (fraud in foreign labor contracting),’’ after ‘‘section 1344 

16 (relating to financial institution fraud),’’. 

17 Subtitle C—Amendments to Other 

18 Laws 

19 SEC. 221. ENHANCING EFFORTS TO COMBAT THE TRAF20 FICKING OF CHILDREN. 

21 (a) COMBATING CHILD TRAFFICKING AT THE BOR22 DER AND PORTS OF ENTRY OF THE UNITED STATES.— 

23 (1) Section 235(a)(2)(A) of the William Wilber24 force Trafficking Victims Protection Reauthorization 

25 Act of 2008 (8 U.S.C. 1232(a)(2)(A)) is amended— 


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1 (A) in clause (ii), by striking ‘‘and’’ at the 

2 end; 

3 (B) in clause (iii), by striking the period at 

4 the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(iv) the return of such child to the 

7 child’s country of nationality or of last ha8 bitual residence would not endanger the 

9 life or safety of such child.’’. 

10 (2) Section 235(a)(4) of the William Wilber11 force Trafficking Victims Protection Reauthorization 

12 Act of 2008 (8 U.S.C. 1232(a)(4)) is amended— 

13 (A) by inserting ‘‘To the extent feasible, 

14 unaccompanied alien children should be housed 

15 and screened by an immigration officer with ex16 pertise in child welfare in separate child-friend17 ly facilities conducive to disclosing information 

18 related to human trafficking or exploitation.’’ 

19 before ‘‘If the child does not meet such cri20 teria’’; and 

21 (B) by adding at the end the following: ‘‘In 

22 the course of building or remodeling existing 

23 immigration facilities, consideration should be 

24 given to including separate child-friendly space 


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1 conducive to disclosing information relating to 

2 human trafficking or exploitation.’’. 

3 (3) Section 235(a)(5) of the William Wilber4 force Trafficking Victims Protection Reauthorization 

5 Act of 2008 (8 U.S.C. 1232(a)(5)) is amended by 

6 adding at the end the following: 

7 ‘‘(E) REPORT TO CONGRESS.—Not later 

8 than 180 days after the date of enactment of 

9 the Trafficking Victims Protection Reauthoriza10 tion Act of 2011, and annually thereafter, the 

11 Secretary of Homeland Security, in consultation 

12 with the Secretary of Health and Human Serv13 ices and Secretary of State, shall report to Con14 gress the following: 

15 ‘‘(i) The number of alien children en16 countered by U.S. Customs and Border 

17 Protection. 

18 ‘‘(ii) The number of alien children 

19 screened for severe forms of human traf20 ficking. 

21 ‘‘(iii) Whether the screening was con22 ducted by an individual with expertise in 

23 child welfare. 


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1 ‘‘(iv) How many of these children 

2 were repatriated and how many were di3 verted into services.’’. 

4 (b) COMBATING CHILD TRAFFICKING AND EXPLOI5 TATION IN THE UNITED STATES.—Section 235(b)(2) of 

6 the William Wilberforce Trafficking Victims Protection 

7 Reauthorization Act of 2008 (8 U.S.C. 1232(b)(2)) is 

8 amended by striking ‘‘within 48 hours’’ and inserting 

9 ‘‘within 24 hours’’. 

10 (c) PROVIDING SAFE AND SECURE PLACEMENTS FOR

11 CHILDREN.— 

12 (1) Section 235(c)(2) of the William Wilber13 force Trafficking Victims Protection Reauthorization 

14 Act of 2008 (8 U.S.C. 1232(c)(2)) is amended by 

15 adding at the end the following: ‘‘The Secretary of 

16 Homeland Security shall either release, pursuant to 

17 the Secretary’s sole discretion, or place in the least 

18 restrictive setting an alien who— 

19 ‘‘(A) has been placed under this paragraph 

20 as a child; 

21 ‘‘(B) has demonstrated that he or she is 

22 not a danger to the community or a flight risk; 

23 and 

24 ‘‘(C) has become ineligible, by reason of 

25 age, for placement as a child.’’. 


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1 (2) Section 235(c)(3)(B) of the William Wilber2 force Trafficking Victims Protection Reauthorization 

3 Act of 2008 (8 U.S.C. 1232(c)(3)(B)) is amended as 

4 follows: 

5 (A) After ‘‘is first necessary.’’ insert the 

6 following: ‘‘If the sponsor is a parent, a home 

7 study shall be conducted where there are allega8 tions of current or past abuse or neglect of the 

9 child by the parent or where, based on all avail10 able objective evidence, the parent clearly pre11 sents a risk of abuse, maltreatment, exploi12 tation, or trafficking to the child.’’. 

13 (B) Strike ‘‘A home study’’ and insert the 

14 following: ‘‘If the sponsor is anyone other than 

15 the parent, a home study’’. 

16 (C) Strike ‘‘shall conduct follow-up serv17 ices’’ and all that follows through ‘‘for whom a 

18 home study was conducted’’ and insert the fol19 lowing: ‘‘shall provide at least 1 visit for follow20 up services on all children not later than 45 

21 days after placement,’’. 


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1 SEC. 222. IMPROVING LOCAL EFFORTS TO COMBAT TRAF2 FICKING AND SEXUAL EXPLOITATION OF 

3 CHILDREN. 

4 Section 471(a) of the Social Security Act (42 U.S.C. 

5 671(a)) is amended— 

6 (1) in paragraph (32), by striking ‘‘and’’ at the 

7 end; 

8 (2) in paragraph (33), by striking the period at 

9 the end and inserting ‘‘; and’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(34) not later than January 1, 2013, describes 

12 State child welfare existing practice and any future 

13 plans regarding prevention measures and victim as14 sistance related to the human trafficking and com15 mercial sexual exploitation of foreign, United States 

16 citizen and legal resident children including— 

17 ‘‘(A) collaborations with local and State 

18 agencies and non-profit organizations to iden19 tify and care for children believed or confirmed 

20 to be, or at-risk of becoming victims of a severe 

21 form of human trafficking; 

22 ‘‘(B) training for the child welfare employ23 ees who are likely to come into contact with 

24 child victims of human trafficking; 


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1 ‘‘(C) jurisdictional limits and other issues 

2 that hinder State child welfare response to aid 

3 child victims of human trafficking; 

4 ‘‘(D) data collection regarding children 

5 identified by child welfare services as victims of 

6 trafficking and, if known, relationship to ex7 ploiter; and 

8 ‘‘(E) prevention education to families and 

9 at-risk children, including runaway and home10 less youth, regarding human trafficking and 

11 commercial sexual exploitation.’’. 

12 SEC. 223. EFFORTS TO PUBLICIZE THE NATIONAL HUMAN 

13 TRAFFICKING RESOURCE CENTER HOTLINE. 

14 (a) GRANTEE HOTLINE INFORMATION.—The Attor15 ney General shall consult with the Secretary of Health and 

16 Human Services to make reasonable efforts to distribute 

17 information to enable grantees under section 107(b) of the 

18 Trafficking Victims Protection Act of 2000 to publicize 

19 the National Human Trafficking Resource Center hotline 

20 on their Web sites, within the program’s headquarters as 

21 well as field offices across the United States. 

22 (b) HOTLINE INFORMATION.— 

23 (1) IN GENERAL.—The Secretary of Health and 

24 Human Services, in coordination with the Attorney 

25 General, shall make reasonable efforts to encourage 


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1 States to adopt legislation to raise public awareness 

2 of the National Human Trafficking Resource Center 

3 hotline in every mandated establishment where vic4 tims of human trafficking may possibly work or 

5 visit. 

6 (2) POSTING OF MODEL HOTLINE INFORMA7 TION.—The legislation described in paragraph (1) 

8 should include a requirement that information relat9 ing to the National Human Trafficking Resource 

10 Center hotline be posted in accordance with the fol11 lowing specifications: 

12 (A) POSTER LOCATION.—The poster 

13 should be publicly displayed in a conspicuous 

14 place near the entrance of mandated establish15 ments or where such posters and notices are 

16 customarily posted in such establishments. 

17 (B) POSTER SPECIFICATIONS.—The poster 

should be no smaller than 81 18 ⁄2 by 11 inches in 

19 size and state the following: ‘‘If you or someone 

20 you know is being forced to engage in any activ21 ity and cannot leave—whether it is commercial 

22 sex, housework, farm work, or any other activ23 ity—call the National Human Trafficking Re24 source Center Hotline at 1–888–373–7888 to 

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1 ficking are protected under United States and 

2 State law. The Hotline is: Available 24 hours a 

3 day, 7 days a week. Toll-free. Operated by a 

4 non-profit, nongovernmental organization. 

5 Anonymous & Confidential. Accessible in 170 

6 languages. Able to provide help, referral to serv7 ices, training, and general information.’’. 

8 (C) LANGUAGES.—The poster should be 

9 printed in English, Spanish, and any other lan10 guages required by the Voting Rights Act in the 

11 county in which the poster will be posted. 

12 (D) NOTICE.—The licensing authority 

13 should provide each mandated establishment 

14 with notice of this section and with the required 

15 poster upon licensing and should place the post16 er on its public Web site for mandated estab17 lishments to print as needed. 

18 (3) DEFINITION OF MANDATED ESTABLISH19 MENT.—For purposes of this section, a ‘‘mandated 

20 establishment’’ means— 

21 (A) a massage parlor, spa, or other similar 

22 establishment; 

23 (B) an establishment that receives a liquor 

24 license; 


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1 (C) a strip club or other sexually oriented 

2 business; 

3 (D) a restaurant; 

4 (E) an airport; 

5 (F) a train station; 

6 (G) a bus station; 

7 (H) a highway truck stop; 

8 (I) a highway rest stop; 

9 (J) a hospital, HMO, or urgent care cen10 ter; 

11 (K) a farm; 

12 (L) a high school; or 

13 (M) a job recruitment center. 

14 TITLE III—AUTHORIZATION OF 

15 APPROPRIATIONS 

16 SEC. 301. TRAFFICKING VICTIMS PROTECTION ACT OF 2000. 

17 (a) HUMAN SMUGGLING AND TRAFFICKING CEN18 TER.—Section 112A(b)(4) of the Trafficking Victims Pro19 tection Act of 2000 (22 U.S.C. 7109a(b)(4)) is amended 

20 by striking ‘‘fiscal years 2008 through 2011’’ and insert21 ing ‘‘fiscal years 2012 and 2013’’. 

22 (b) AUTHORIZATIONS OF APPROPRIATIONS.— 

23 (1) Section 112B(d) of the Trafficking Victims 

24 Protection Act of 2000 (22 U.S.C. 7109b(d)) is 

25 amended by striking ‘‘for each of the fiscal years 


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1 2008 through 2011, such sums as may be necessary 

2 to carry out this section’’ and inserting ‘‘$500,000 

3 for each of the fiscal years 2012 and 2013’’. 

4 (2) Section 113 of the Trafficking Victims Pro5 tection Act of 2000 (22 U.S.C. 7110) is amended— 

6 (A) in subsection (a)— 

7 (i) in the first sentence— 

8 (I) by striking ‘‘104,’’; and 

9 (II) by striking ‘‘fiscal years 

10 2008 through 2011’’ and inserting 

11 ‘‘fiscal years 2012 and 2013’’; and 

12 (ii) in the second sentence, by striking 

13 ‘‘fiscal years 2008 through 2011’’ and in14 serting ‘‘fiscal years 2012 and 2013’’; 

15 (B) by striking subsection (b); 

16 (C) in subsection (c)(1)— 

17 (i) in subparagraph (A), by striking 

18 ‘‘fiscal years 2008 through 2011’’ and in19 serting ‘‘fiscal years 2012 and 2013’’; 

20 (ii) in subparagraph (B), by striking 

21 ‘‘fiscal years 2008 through 2011’’ each 

22 place it appears and inserting ‘‘fiscal years 

23 2012 and 2013’’; and 


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1 (iii) in subparagraph (C), by striking 

2 ‘‘fiscal years 2008 through 2011’’ and in3 serting ‘‘fiscal years 2012 and 2013’’; 

4 (D) in subsection (d)— 

5 (i) by redesignating subparagraphs 

6 (A) through (C) as paragraphs (1) through 

7 (3), respectively; 

8 (ii) in paragraph (1) (as redesig9 nated), by striking ‘‘$10,000,000 for each 

10 of the fiscal years 2008 through 2011’’ 

11 and inserting ‘‘$22,500,000 for each of the 

12 fiscal years 2012 and 2013’’; 

13 (iii) in paragraph (2) (as redesig14 nated), by striking ‘‘fiscal years 2008 

15 through 2011’’ and inserting ‘‘fiscal years 

16 2012 and 2013’’; and 

17 (iv) in paragraph (3) (as redesig18 nated), by striking ‘‘Attorney General’’ and 

19 all that follows and inserting ‘‘Attorney 

20 General $14,000,000 for each of the fiscal 

21 years 2012 and 2013.’’; 

22 (E) in subsection (e)— 

23 (i) in paragraph (1), by striking ‘‘fis24 cal years 2008 through 2011’’ and insert25 ing ‘‘fiscal years 2012 and 2013’’; 


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1 (ii) in paragraph (2), by striking ‘‘fis2 cal years 2008 through 2011’’ and insert3 ing ‘‘fiscal years 2012 and 2013’’; and 

4 (iii) in paragraph (3), by striking ‘‘fis5 cal years 2008 through 2011’’ and insert6 ing ‘‘fiscal years 2012 and 2013’’; 

7 (F) in subsection (f), by striking ‘‘fiscal 

8 years 2008 through 2011’’ and inserting ‘‘fiscal 

9 years 2012 and 2013’’; 

10 (G) in subsection (h), by striking ‘‘fiscal 

11 years 2008 through 2011’’ and inserting ‘‘fiscal 

12 years 2012 and 2013’’; and 

13 (H) in subsection (i), by striking ‘‘fiscal 

14 years 2008 through 2011’’ and inserting ‘‘fiscal 

15 years 2012 and 2013’’. 

16 SEC. 302. TRAFFICKING VICTIMS PROTECTION REAUTHOR17 IZATION ACT OF 2005. 

18 The Trafficking Victims Protection Reauthorization 

19 Act of 2005 (Public Law 109–164) is amended— 

20 (1) in section 102(b)(7), by striking 

21 ‘‘$2,500,000 for each of the fiscal years 2008 

22 through 2011’’ and inserting ‘‘$1,500,000 for each 

23 of the fiscal years 2012 and 2013’’; 


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1 (2) in section 201(c) by striking ‘‘fiscal years 

2 2008 through 2011’’ each place it appears and in3 serting ‘‘fiscal years 2012 and 2013’’; 

4 (3) in section 202— 

5 (A) in subsection (a), by striking ‘‘The 

6 Secretary of Health and Human Services’’ and 

7 inserting ‘‘The Attorney General’’; 

8 (B) in subsection (b), by striking ‘‘the Sec9 retary’’ and inserting ‘‘the Attorney General’’; 

10 and 

11 (C) in subsection (d), by striking ‘‘fiscal 

12 years 2008 through 2011’’ and inserting ‘‘fiscal 

13 years 2012 and 2013’’; 

14 (4) in section 203— 

15 (A) by striking ‘‘the Secretary of Health 

16 and Human Services’’ each place it appears and 

17 inserting ‘‘the Attorney General’’; and 

18 (B) by striking ‘‘$5,000,000 for each of 

19 the fiscal years 2008 through 2011’’ and insert20 ing ‘‘$3,000,000 for each of the fiscal years 

21 2012 and 2013’’; and 

22 (5) in section 204(d), by striking ‘‘$20,000,000 

23 for each of the fiscal years 2008 through 2011’’ and 

24 inserting ‘‘$10,000,000 for each of the fiscal years 

25 2012 and 2013’’. 


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1 SEC. 303. ELIGIBILITY FOR ASSISTANCE. 

2 (a) PROHIBITION AGAINST DISCRIMINATION.— 

3 (1) IN GENERAL.—An organization, including a 

4 faith-based organization, that is otherwise eligible to 

5 receive assistance under any provision of law ref6 erenced in subsection (d) shall not be— 

7 (A) required, as a condition of receiving 

8 such assistance, to endorse, utilize, provide, 

9 make a referral to, become integrated with, or 

10 otherwise participate in any program, project, 

11 or activity to which the organization has a reli12 gious or moral objection; or 

13 (B) discriminated against in the solicita14 tion or issuance of grants, contracts, coopera15 tive agreements, or other Federal funding 

16 under any provision of law referenced in sub17 section (d) for refusing to meet any require18 ments described in subparagraph (A). 

19 (2) RULE OF CONSTRUCTION.—Nothing in this 

20 subsection shall be construed to prohibit the Federal 

21 government from making alternative arrangements 

22 for any program, project, or activity to which an or23 ganization has a moral or religious objection, if such 

24 arrangements— 

25 (A) do not violate the provisions of para26 graph (1); and 


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1 (B) are not made for any program, project, 

2 or activity for which Federal funding is other3 wise prohibited. 

4 (b) REMEDIES.— 

5 (1) IN GENERAL.—The courts of the United 

6 States shall have jurisdiction to prevent and redress 

7 actual or threatened violations of this section by 

8 issuing any form of legal or equitable relief, includ9 ing— 

10 (A) injunctions prohibiting conduct that 

11 violates this section; and 

12 (B) orders preventing the disbursement of 

13 all or a portion of Federal financial assistance 

14 to a specific offending department, agency, or 

15 program, project, or activity until such time as 

16 the conduct prohibited by this section has 

17 ceased. 

18 (2) COMMENCEMENT OF ACTION.—An action 

19 under this section may be instituted by— 

20 (A) any organization that has standing to 

21 complain of an actual or threatened violation of 

22 this section; or 

23 (B) the Attorney General of the United 

24 States. 


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1 (3) RELATION TO ADMINISTRATIVE REM2 EDIES.—A party may commence or continue an ac3 tion and obtain relief under this subsection without 

4 regard to whether a complaint under subsection (c) 

5 has been filed or is pending. 

6 (c) ADMINISTRATION.—The President shall designate 

7 an official within each Federal department or agency that 

8 receives funding to carry out any provision of law ref9 erenced in subsection (d)— 

10 (1) to receive complaints alleging a violation of 

11 this section; and 

12 (2) to pursue the investigation of such com13 plaints, in coordination with the Attorney General. 

14 (d) PROVISIONS OF LAW.—The provisions of law ref15 erenced in this subsection are the following: 

16 (1) This Act or any amendment made by this 

17 Act. 

18 (2) The Trafficking Victims Protection Act of 

19 2000. 

20 (3) The Trafficking Victims Protection Reau21 thorization Act of 2005. 

22 (4) The William Wilberforce Trafficking Vic23 tims Protection Reauthorization Act of 2008. 


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1 SEC. 304. REPORTING REQUIREMENTS. 

2 (a) APPROPRIATIONS.—Not later than March 31 of 

3 2012 and 2013, the President shall submit to Congress 

4 a report for the prior fiscal year that shall include— 

5 (1) the amount of appropriations that each de6 partment or agency for which such appropriations 

7 were authorized under the Trafficking Victims Pro8 tection Act of 2000 or the Trafficking Victims Pro9 tection Reauthorization Act of 2005 directed to ac10 tivities described in such Acts; 

11 (2) a list of the activities funded through the 

12 appropriations identified in paragraph (1), including 

13 the responsible department or agency and the sec14 tion of the Trafficking Victims Protection Act of 

15 2000 or the Trafficking Victims Protection Reau16 thorization Act of 2005 that authorizes such activ17 ity; and 

18 (3) the appropriations account from which each 

19 activity described in paragraph (2) was funded and 

20 the amount contributed from such account for each 

21 activity. 

22 (b) NONDISCRIMINATION.— 

23 (1) INITIAL REPORT.—Not later than 90 days 

24 after the enactment of this Act, the President shall 

25 submit to Congress a report indicating the official 


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1 designated in accordance with the requirement set 

2 forth in section 303(c). 

3 (2) SUBSEQUENT REPORTS.—Not later than 

4 one year after the enactment of this Act, and every 

5 year thereafter for 4 years, the President shall sub6 mit to Congress a report indicating— 

7 (A) any actions filed pursuant to section 

8 303(b); 

9 (B) any complaints filed pursuant to sec10 tion 303(c)(1); and 

11 (C) the status and results, if available, of 

12 any investigation undertaken pursuant to sec13 tion 303(c)(2). 

Æ 


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