```

[Senate Report 112-96]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 193
112th Congress                                                   Report
                                 SENATE
 1st Session                                                     112-96

======================================================================

 
       TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2011

                                _______
                                

               November 17, 2011.--Ordered to be printed

                                _______
                                

            Mr. Leahy, from the Committee on the Judiciary, 
                        submitted the following

                              R E P O R T

                             together with

                     ADDITIONAL AND MINORITY VIEWS

                         [To accompany S. 1301]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to which was referred the 
bill (S. 1301), to authorize appropriations for fiscal years 
2012 through 2015 for the Trafficking Victims Protection Act of 
2000, to enhance measures to combat trafficking in persons, and 
for other purposes, having considered the same, reports 
favorably thereon, with an amendment, and recommends that the 
bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Background and Purpose of the Trafficking Victims Protection 
     Reauthorization Act of 2011......................................2
 II. History of the Bill and Committee Consideration..................9
III. Section-by-Section Summary of the Bill..........................10
 IV. Congressional Budget Office Cost Estimate.......................18
  V. Regulatory Impact Evaluation....................................18
 VI. Conclusion......................................................18
VII. Additional and Minority Views...................................19
VIII.Changes to Existing Law Made by the Bill, as Reported...........35

    I. Background and Purpose of the Trafficking Victims Protection 
                      Reauthorization Act of 2011

    Human trafficking is a modern-day form of slavery involving 
victims who are forced, defrauded, or coerced into labor or 
sexual exploitation. As documented in the State Department's 
annual Trafficking in Persons Report for 2011, millions of 
children, women, and men throughout the world continue to be 
trafficked every year, including thousands of victims who are 
present here in the United States. Traffickers use evolving 
methods of coercion--whether subtle or overt, physical or 
psychological--to force victims to work against their will.
    In 2000, Congress passed the landmark, bipartisan 
Trafficking Victims Protection Act (TVPA), which provided law 
enforcement officials with tools to investigate and prosecute 
incidents of human trafficking, established severe criminal 
penalties for defendants convicted of trafficking crimes, 
enhanced services for human trafficking victims, and expanded 
prevention and education programs. Championed by the late 
Senator Paul Wellstone and Senator Sam Brownback, the original 
Trafficking Victims Protection Act drew upon the work and 
support of a broad coalition of advocacy organizations from 
across the political and social spectrum--groups dedicated to 
children's rights, human rights, and women's rights, as well as 
many religious organizations. Each subsequent reauthorization 
of the law--in 2003, 2005, and 2008--has been the product of 
bipartisan support in Congress.
    The success of the original Trafficking Victims Protection 
Act, and its subsequent reauthorizations over the past decade, 
is evident not only by the number of criminal convictions 
secured against human traffickers but also by the number of 
States that have passed comprehensive anti-trafficking laws. 
According to a July 2011 study by the Polaris Project, 47 
States and the District of Columbia have now passed human 
trafficking criminal laws.\1\ Similarly, countries around the 
world have followed the lead of the United States and adopted 
laws and policies to combat human trafficking. Even with these 
successes, the Committee believes more can and should be done.
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    \1\See http://www.polarisproject.org/what-we-do/policy-advocacy/
state-policy/current-laws.
---------------------------------------------------------------------------
    The Trafficking Victims Protection Reauthorization Act of 
2011 reaffirms and augments the United States' commitment to 
fighting human trafficking. The bipartisan bill reported out of 
Committee expands enforcement tools and encourages interagency 
cooperation to identify victims, investigate offenses, and 
provide victim services. The bill also requires that this 
important work be done in a cost-effective way with maximum 
accountability and reporting to ensure that Federal money is 
being well spent. Despite the difficult cuts to authorization 
levels, which were made with recognition of the Federal 
Government's fiscal constraints, the reported bill maintains 
the core of the Trafficking Victims Protection Act while adding 
key provisions to strengthen and improve this law.
    Among the most significant changes to the law are the 
creation of new tools and authorities that will enable the 
State Department to partner with the private sector and foreign 
governments, as well as promote partnerships between foreign 
governments and nongovernmental entities. These provisions of 
the bill were drafted in consultation with the Committee on 
Foreign Relations, and with the input of the Chairman, Senator 
Kerry of Massachusetts, and its Ranking Member Senator, Senator 
Lugar of Indiana.
    Anti-trafficking efforts have historically focused on the 
three ``P''s, which are prevention of the crime, prosecution of 
the perpetrators, and protection of the trafficked persons. 
Increased attention to a fourth ``P,'' partnership, will better 
leverage available resources to end trafficking.
    The legislation also expands the role that regional bureaus 
of the State Department will play in anti-trafficking efforts. 
Although the Office to Monitor and Combat Trafficking in 
Persons (G/TIP) is the Department's lead on anti-trafficking 
policies and programs, the regional bureaus are uniquely 
situated to help develop country-specific anti-trafficking 
strategies and goals with foreign government counterparts. 
Increased collaboration between regional bureaus and G/TIP, 
including the appointment of anti-trafficking officers in some 
U.S. embassies as authorized by the legislation, will improve 
communication with foreign government counterparts and 
strengthen diplomatic efforts around trafficking. Although the 
anti-trafficking officers will serve under Chief of Mission 
authority, the Committee expects that G/TIP will provide 
considerable input into their selection. The Committee also 
expects that the G/TIP office will direct, guide, and 
communicate with these officials regularly.
    The bill also addresses trafficking crimes committed by 
diplomats serving in other countries, including the United 
States. Current law requires the Department of State, when 
compiling the Trafficking in Person Report, to consider 
``whether the government of the country vigorously 
investigates, prosecutes, convicts, and sentences public 
officials who participate in or facilitate severe forms of 
trafficking in persons.''\2\ While the plain meaning of the 
term ``public official'' includes diplomats representing the 
country abroad, the State Department has interpreted it more 
narrowly and has not included trafficking cases involving 
diplomats in previous reports. The bill corrects this confusion 
and explicitly requires reporting on trafficking by ``diplomats 
and soldiers.''\3\ It is the Committee's expectation that 
action taken by foreign governments, and the United States 
Government, to respond to allegations of serious trafficking 
offenses committed by foreign diplomats and military personnel 
posted abroad will be included in the report in the future.
---------------------------------------------------------------------------
    \2\22 U.S.C. Sec. 7106(b)(7).
    \3\The Committee intends the term ``soldiers'' to include all 
military personnel.
---------------------------------------------------------------------------
    The bill also makes explicit that a government's failure to 
appropriately address public allegations against public 
officials, especially once such officials have returned to 
their home countries, shall be considered inaction under the 
criteria for determining whether the country is meeting minimum 
standards for eliminating trafficking. Finally, the Committee 
notes that the Secretary of State has not suspended the 
issuance of visas to non-citizens seeking to work for officials 
of a diplomatic mission or an international organization where 
there are credible allegations of abuse and state or 
institutional tolerance of those violations. Current law 
requires the Secretary to suspend these visa programs under 
such circumstances.\4\ The Committee will monitor credible 
allegations of abuse and expects the Secretary to take actions 
as required by law.
---------------------------------------------------------------------------
    \4\8 U.S.C. Sec. 1375c(a)(2).
---------------------------------------------------------------------------
    Notably, the legislation reduces authorization levels for 
State Department programs, including for section 113(a) of the 
Trafficking Victims Protection Act of 2000,\5\ which authorizes 
funds for G/TIP. These reductions are not intended to signal a 
shift in the Committee's priorities away from trafficking. 
Rather, they reflect the fact that the State Department 
receives anti-trafficking funds through the Foreign Assistance 
Act instead of through this specific authorization. In the 
decade since the TVPA's enactment in 2000, governments around 
the world have made great strides in combating trafficking. 
Much of that success may be attributed to the creation of G/TIP 
and the annual Trafficking in Persons Report. This Committee 
strongly supports the work of G/TIP and expects that it will 
continue to receive funding from the general State Department 
operating account at current or greater levels in order to 
fulfill its mandate.
---------------------------------------------------------------------------
    \5\22 U.S.C. Sec. 7110(a).
---------------------------------------------------------------------------
    Other significant changes include targeted increases in 
Federal funding for victim services provided by the Department 
of Justice, the Department of Health and Human Services, and 
their grantees. These services provide a lifeline to victims of 
trafficking who often have no other means to obtain housing, 
food, medical treatment, and counseling. In addition to meeting 
the direct needs of victims, these services are a central 
component in effective law enforcement efforts. As Principal 
Deputy Assistant Attorney General Mary Lou Leary emphasized in 
her testimony before the Committee, ``victims who receive 
immediate physical, mental, and emotional support will be much 
more able and willing to participate in the investigation and 
prosecution of their traffickers.''\6\
---------------------------------------------------------------------------
    \6\Testimony of Mary Lou Leary, ``The Trafficking Victims 
Protection Reauthorization Act: Renewing the Commitment to Victims of 
Human Trafficking,'' before the Senate Comm. on the Judiciary, 112th 
Cong. (2011), available at http://judiciary.senate.gov/hearings/
hearing.cfm?id= 6344ca9cdcac94c57d1fa7ad3d740a6f.
---------------------------------------------------------------------------
    This increase in funding also reflects that much of the 
TVPA's success comes from a multidisciplinary response to human 
trafficking. That approach encourages close partnerships among 
victim service providers, State and local law enforcement, and 
Federal law enforcement, including the Federal Bureau of 
Investigation, U.S. Immigration and Customs Enforcement, U.S. 
Customs and Border Protection, U.S. Citizenship and Immigration 
Services, the Department of Labor, and Federal prosecutors. 
These partnerships leverage scarce resources and ensure a 
coordinated, multi-jurisdictional response. Although these 
agencies work closely together, the TVPA and its 
reauthorizations has also put into place structures to ensure 
that they do not duplicate each other's work. For example, the 
Senior Policy Operating Group (SPOG), established by statute in 
2003, coordinates the work of multiple cabinet agencies to 
ensure that anti-trafficking efforts are synchronized and that 
projects avoid duplication.
    The Office of Justice Programs (OJP) of the Department of 
Justice has also put in place additional accountability 
mechanisms to ensure that grant programs are effectively 
administered. Although the views offered by Senator Grassley 
and Senators Kyl, Sessions, Lee, and Coburn focus on a 2008 
report by the Department of Justice Inspector General which 
criticized various aspect of grant management by OJP, they do 
not mention the Inspector General's subsequent 2011 report that 
praises OJP for making significant improvements in monitoring 
and oversight of grants. Most of those improvements have come 
with the establishment of the Office of Audit, Assessment, and 
Management (OAAM), which was created in 2005, but was not fully 
staffed until 2009. The Inspector General found that since OAAM 
began operating at capacity, OJP has ``made significant 
improvements'' and ``developed a reasonable process for 
providing monitoring to a high volume of grants, which have 
allowed them to monitor grants totaling almost four times the 
award amount required by law.''\7\
---------------------------------------------------------------------------
    \7\U.S. Dep't of Justice, Office of the Inspector Gen., Semiannual 
Report to Congress, Oct. 1, 2010-March 31, 2011, at 58.
---------------------------------------------------------------------------
    To ensure that funding is efficiently and effectively 
spent, the legislation also includes several accountability 
measures for programs administered by the Department of 
Justice. These provisions aim to ensure that grants are awarded 
to proper recipients, that funds are used as intended to 
benefit victims of trafficking, and that grants are properly 
supervised and administered. Among the accountability measures 
are annual audit requirements for a sample of grant recipients, 
with consequences for those recipients found to have problems 
that are not meaningfully addressed; a non-federal matching 
requirement for all grantees; restrictions on investments, tax 
status, and lobbying for grantees; and restrictions on 
administrative expenditures and conferences for the Department 
of Justice. These provisions were the product of detailed 
negotiations and careful consideration. They were specifically 
tailored to the needs and contours of the grant programs 
authorized under this Act and administered by the Department of 
Justice. They are intended to ensure that these particular 
grant programs work as intended, and to improve accountability, 
without excessively burdening grantees or preventing needed 
services from reaching victims.
    As to accountability, Senators Kyl, Sessions, Lee, and 
Coburn assert that TVPA grants have been distributed based on 
faulty priorities and have been poorly managed. In fact, grants 
awarded pursuant to the TVPA have been effectively used to 
assist victims and to prevent, prosecute, and deter trafficking 
domestically and around the world. While the minority views 
assert that the State Department has not tracked with any 
precision large numbers of grants awarded, in fact the State 
Department has tracked those grants comprehensively by project, 
with grantees reporting on their work regularly. The State 
Department was only able to give partial responses in the one 
document cited by the minority views because that document 
contained responses to questions that called for grants to be 
classified in different ways than the ways the Department 
tracks them. The State Department has documented that 90 
percent of projects funded by G/TIP included a victim 
protection component, 61 percent provided victim services, and 
52 percent built the capacity of local law enforcement and 
prosecutors to go after traffickers.\8\
---------------------------------------------------------------------------
    \8\G/TIP Response to Senator Tom Coburn's October 2011 Report, 
``Blind Faith: How Congress is Failing Trafficking Victims'', November 
2011, at 2-3.
---------------------------------------------------------------------------
    Some awards are also criticized as duplicative when in fact 
they addressed related but distinct and separate needs.\9\ The 
minority views, in criticizing spending on public awareness 
campaigns, also ignore the need for any comprehensive anti-
trafficking strategy to include a prevention component, which 
includes public awareness, in addition to victim services, in 
order to reduce the number of victims going forward.
---------------------------------------------------------------------------
    \9\Senators Kyl, Sessions, Lee, and Coburn cite grants to two 
organizations helping to combat trafficking in Chad. One of these 
grants, to Catholic Relief Services, focused on preventing trafficking 
of children in three high-risk communities. The second, distinct and 
complementary, grant to the International Organization for Migration 
focused on preventing trafficking at the macro level by improving 
government policy and the ability of non-governmental organizations to 
protect and provide services to victims. See G/TIP Response to Senator 
Coburn's Report, at 8. Similarly, two grants to the International 
Organization for Migration for a case management database were awarded 
because the initial grant proved very successful in leading to a tool 
that helped both with provision of services and with research to inform 
better policy choices. G/TIP awarded the second grant for expansion of 
the project. Id. at 8-9.
---------------------------------------------------------------------------
    Nonetheless, it is important that grant programs, 
particularly those aimed at as important a problem as human 
trafficking, operate as effectively as possible. To this end, 
Chairman Leahy and Senator Grassley worked to address in the 
reported version of the bill the kinds of concerns expressed by 
Senators Kyl, Sessions, Lee, and Coburn. The reported bill 
contains new provisions to try to ensure that funds awarded 
under the TVPA translate to effective prevention, enforcement, 
and victim services successfully contributing to combating the 
scourge of human trafficking. The legislation as reported 
includes significant new accountability measures covering all 
TVPA grants administered by the Department of Justice. It 
focuses funding on the most important initiatives while 
eliminating or reducing funding for those that have been less 
successful in the past.
    The reported bill focuses on domestic trafficking. Spending 
under the TVPA has been set up to ensure sufficient funding to 
make significant strides in dealing with domestic trafficking, 
while also acknowledging the need to address the massive scale 
of global trafficking and the fact that much domestic 
trafficking has roots in international trafficking rings. The 
Committee recognizes the need to ensure that domestic 
trafficking is sufficiently prioritized. For that reason, the 
reported bill adjusts authorization levels to increase the 
funds available for domestic trafficking victims relative to 
international victims.\10\
---------------------------------------------------------------------------
    \10\The Committee also reaffirms, as the Department of Justice has 
already made clear, that TVPA funds can be used to provide services to 
domestic trafficking victims.
---------------------------------------------------------------------------
    The bill improves cooperation between law enforcement 
agencies and victims. Current law allows the immediate family 
members of a trafficking victim in the United States to receive 
nonimmigrant status based on a fear of retaliation from the 
traffickers. Principal Deputy Assistant Attorney General Leary 
testified that this provision has proven helpful in stabilizing 
victims and encouraging them to participate in the criminal 
prosecution of their trafficker. ``Our prosecutors have found 
that victims are better able to cooperate when their family 
members are out of the reach of the trafficker,'' she said.\11\ 
The Department of Homeland Security shares this position and 
provided the following example at the Committee's hearing:
---------------------------------------------------------------------------
    \11\Testimony of Mary Lou Leary, ``The Trafficking Victims 
Protection Reauthorization Act: Renewing the Commitment to Victims of 
Human Trafficking,'' before the Senate Comm. on the Judiciary, 112th 
Cong. (2011), available at http://judiciary.senate.gov/hearings/
hearing.cfm?id= 6344ca9cdcac94c57d1fa7ad3d740a6f.

          In 2010, the Vermont Service Center successfully 
        approved a mother of a sex trafficking survivor based 
        on this new exception, and worked with the Department 
        of State to facilitate her entry into the United 
        States. The mother, who had received death threats by 
        one of her daughter's traffickers, was able to reunite 
        with her daughter and to testify at her daughter's 
        trial.''\12\
---------------------------------------------------------------------------
    \12\Testimony of Kelly Ryan, ``The Trafficking Victims Protection 
Reauthorization Act: Renewing the Commitment to Victims of Human 
Trafficking,'' before the Senate Comm. on the Judiciary, 112th Cong. 
(2011), available at http://judiciary.senate.gov/hearings/
hearing.cfm?id= 6344ca9cdcac94c57d1fa7ad3d740a6f.

    This legislation modestly augments the list of eligible 
relatives who may file as a derivative beneficiary of a ``T'' 
visa holder. Traffickers seek to control their victims by 
threatening not just immediate family members, but also 
grandchildren, step-children, nieces, and nephews. This 
authorization responds by allowing certain family members to 
apply to join the trafficking victim in the United States, but 
only if those family members face a present danger of 
retaliation in their home country by the traffickers. Family 
members who do not face retaliation would not be eligible under 
this modification.
    The bill adds ``fraud in foreign labor contracting,'' as 
defined by 18 U.S.C. Sec. 1351, to the list of crimes for which 
victims may be eligible to apply for a ``U'' visa. Fraud in 
foreign labor contracting is difficult to prosecute because 
victims are often reluctant to come forward and report the 
crime for fear of being deported. Including this crime as a 
qualifying criminal activity for a ``U'' visa will encourage 
greater reporting, victim cooperation, and prosecution of this 
serious offense.
    The bill also reduces authorization levels for 
investigations by U.S. Immigration and Customs Enforcement 
(ICE) of severe forms of trafficking in persons. This change is 
not intended to signal a desire to reduce ICE's role in 
fighting human trafficking. To the contrary, the Committee 
believes that ICE, and the Department of Homeland Security as a 
whole, play a critical role in identifying, investigating, and 
prosecuting human trafficking cases. That work is done through 
training with State and local law enforcement partners, victim 
assistance efforts, and the wide dissemination of information 
through public awareness campaigns in the United States and in 
foreign countries with high levels of trafficking. The 
reduction in authorized funding does not signal a shift in 
congressional priorities. Rather, it reflects the fact that 
ICE's anti-human trafficking efforts are funded by its annual 
appropriations, and not through this specific authorization.
    This legislation also amends the information required to be 
included in the Attorney General's annual report regarding 
Federal agencies' efforts to implement anti-human trafficking 
measures. In particular, it adds a requirement to report on the 
effectiveness of various immigration protections for victims of 
human trafficking.
    One of these immigration protections is Continued Presence 
(CP). This is a temporary, revocable immigration status 
provided to individuals identified by law enforcement as 
victims of human trafficking. This status allows victims of 
human trafficking to remain in the United States temporarily 
during the ongoing investigation into the human trafficking-
related crimes committed against them.
    According to guidelines established by the Department of 
Homeland Security,\13\ CP applications should be submitted 
immediately upon identification of a victim of human 
trafficking. A law enforcement officer can make this 
identification after receiving credible evidence that an alien 
is a victim of human trafficking. That evidence may consist of 
a credible victim statement alone.
---------------------------------------------------------------------------
    \13\See Department of Homeland Security, ``Continued Presence: 
Temporary Immigration Status for Victims of Human Trafficking'' (August 
2010); see also, http://www.dhs.gov/files/programs/
gc_1284411607501.shtm.
---------------------------------------------------------------------------
    Despite these widely circulated guidelines, the number of 
CP applications that have been granted has declined in recent 
years and is disproportionately small compared to the estimated 
number of human trafficking victims present in the United 
States. According to the 2011 State Department's Trafficking in 
Persons Report, only 186 individuals received Continued 
Presence in 2010. This was a significant drop from 2009, when 
299 individuals received this temporary protection. This 
decline is troubling, especially in light of the benefits to 
law enforcement that accrue through CP. The Committee will 
closely monitor how CP requests are handled in the future and 
whether the low number of CP grants can be attributed to 
policy, practice, or some other reason.\14\
---------------------------------------------------------------------------
    \14\Contrary to the implication in the Additional Views from 
Senator Grassley, the Committee Report does not suggest that S. 1301 
modifies the legal standard for Continued Presence (CP), nor does the 
Report suggest that law enforcement officials ``do not know how to do 
their jobs and that Congress and advocates know better.'' See 
Additional Views from Senator Grassley, at 23. Rather, the Report 
articulates the intent of Congress in establishing CP and restates the 
Department of Homeland Security's implementation guidelines for CP. The 
discussion of CP above concludes with the Committee's intention to 
fulfill its oversight obligations with regard to implementation of the 
statute. In addition, the comments regarding CP are directly related to 
the new requirement in section 221 of the bill that the Attorney 
General report on ``the number of persons who have been granted 
continued presence . . . and any efforts being taken to reduce the 
adjudication and processing time.''
---------------------------------------------------------------------------
    The bill includes protections related to unaccompanied 
immigrant minors. It builds on the successful ``Child Advocate 
Program,'' which protects child trafficking victims and other 
children with protection-based claims. The bill also ensures 
that children who reach the age of maturity while in 
immigration custody are screened for vulnerabilities prior to 
being transferred to adult immigration detention. The bill 
offers a limited level of assistance to minors who were 
formerly considered unaccompanied minors, but later granted 
``U'' visas because they were victims of crime who assisted law 
enforcement. The low cost of these programs are offset by the 
much greater reduction in authorizations contained in the bill.
    Other significant changes in this reauthorization include 
additional law enforcement tools and resources to fight human 
trafficking crimes. For example, child exploitation laws under 
18 U.S.C. Sec. 2423 are strengthened to hold criminally liable 
those U.S. citizens and lawful permanent residents residing 
outside of the United States who engage in illicit sexual 
conduct with a minor. Current law only reaches U.S. citizens 
and lawful permanent residents who travel abroad in foreign 
commerce.
    The bill adds a new misdemeanor provision as 18 U.S.C. 
Sec. 1597, which criminalizes the unlawful confiscation or 
destruction of a person's immigration documents in order to 
maintain or restrict the labor or services of that person. An 
analogous felony is found in 18 U.S.C. Sec. 1592, which 
addresses similar conduct committed in the course of violating 
specified human trafficking crimes. And the bill expands the 
definition of a ``racketeering activity'' for the Racketeer 
Influenced Corrupt Organizations Act,\15\ to include fraud in 
foreign labor contracting, pursuant to 18 U.S.C. Sec. 1351.
---------------------------------------------------------------------------
    \15\18 U.S.C. Sec. 1961.
---------------------------------------------------------------------------
    The legislation continues to authorize the Attorney General 
to make grants pursuant to 42 U.S.C. Sec. 14044c to State and 
local law enforcement agencies, and expands the scope to 
include training and resources to investigate all forms of 
severe human trafficking, whether sex or labor trafficking, and 
whether experienced by foreign or domestic, minor or adult 
victims.
    The bill does not reauthorize specific funds for the FBI. 
That change is not intended to signal a desire to reduce the 
FBI's role in fighting human trafficking. Rather, it reflects 
the fact that the FBI's anti-human trafficking efforts are 
funded by its annual appropriations for salaries and expenses, 
and not through this specific authorization. This Committee 
strongly supports the critical role the FBI plays in 
investigating and prosecuting human trafficking cases and 
expects that it will receive the funding necessary to combat 
these horrible crimes.

          II. History of the Bill and Committee Consideration

                      A. INTRODUCTION OF THE BILL

    The Trafficking Victims Protection Reauthorization Act of 
2011 was introduced as S. 1301 on June 29, 2011, by Senators 
Leahy, Kerry, Brown of Massachusetts, Boxer, Cardin and Wyden. 
The bill was referred to the Committee on the Judiciary. Since 
the bill's introduction, Senators Akaka, Brown of Ohio, Burr, 
Casey, Cochran, Coons, Durbin, Feinstein, Franken, Gillibrand, 
Hagen, Heller, Isakson, Klobuchar, Landrieu, Merkley, Mikulski, 
Nelson of Florida, Portman, Rubio, Schumer, Stabenow, Tester, 
and Udall of Colorado have joined as cosponsors.

                       B. COMMITTEE CONSIDERATION

1. Hearings

    The Senate Committee on the Judiciary held a hearing 
titled, ``The Trafficking Victims Protection Reauthorization 
Act: Renewing the Commitment to Victims of Human Trafficking,'' 
on September 14, 2011. The witnesses at the hearing were Mary 
Lou Leary, Principal Deputy Assistant Attorney General for the 
Office of Justice Programs of the Department of Justice; Luis 
CdeBaca, Ambassador-at-Large for the Office to Monitor and 
Combat Trafficking in Persons of the Department of State; and 
Kelly Ryan, Acting Deputy Assistant Secretary for Immigration 
and Border Security of the Department of Homeland Security. The 
witness testimony is available at http://
www.judiciary.senate.gov/hearings/hearing.cfm?id= 
6344ca9cdcac94c57d1fa7ad3d740a6f.

2. Executive Business Meetings

    The bill was placed on the Committee's agenda for 
consideration on October 2, 2011. It was held over on that 
date.
    On October 13, 2011, the Committee on the Judiciary 
considered S. 1301. Chairman Leahy offered a Leahy-Grassley 
substitute amendment to the bill. The amendment was adopted by 
unanimous consent.
    Senator Cornyn offered an amendment to strike sections of 
the bill relating to pilot programs for domestic minor sex 
trafficking and replace them with the text of the Domestic 
Minor Sex Trafficking Deterrence and Victims Support Act of 
2010. The amendment was rejected by a roll call vote.
    The vote record is as follows:

    Tally: 7 Yeas, 11 Nays

    Yeas (7): Hatch (R-UT), Kyl (R-AZ), Sessions (R-AL), Graham 
(R-SC), Cornyn (R-TX), Lee (R-UT), Coburn (R-OK).
    Nays (11): Kohl (D-WI), Feinstein (D-CA), Schumer (D-NY), 
Durbin (D-IL), Whitehouse (D-RI), Klobuchar (D-MN), Franken (D-
MN), Coons (D-DE), Blumenthal (D-CT), Grassley (R-IA), Leahy 
(D-VT).

    Senator Blumenthal offered an amendment to require enhanced 
reporting by the Department of Defense of trafficking in 
persons claims and violations, including claims and violations 
by contractors. The amendment was accepted by a voice vote.
    The Committee then voted to report S. 1301, the Trafficking 
Victims Protection Reauthorization Act, as amended, favorably 
to the Senate. The Committee proceeded by roll call vote as 
follows:

    Tally: 12 Yeas, 6 Nays

    Yeas (12): Kohl (D-WI), Feinstein (D-CA), Schumer (D-NY), 
Durbin (D-IL), Whitehouse (D-RI), Klobuchar (D-MN), Franken (D-
MN), Coons (D-DE), Blumenthal (D-CT), Grassley (R-IA), Hatch 
(R-UT), Leahy (D-VT).
    Nays (6): Kyl (R-AZ), Sessions (R-AL), Graham (R-SC), 
Cornyn (R-TX), Lee (R-UT), Coburn (R-OK).

              III. Section-by-Section Summary of the Bill

        TITLE I--COMBATING INTERNATIONAL TRAFFICKING IN PERSONS

Sec. 101. Regional strategies for combating trafficking in persons

    This section requires regional bureaus of the Department of 
State to work in conjunction with the Office to Monitor and 
Combat Trafficking in Persons to formulate bilateral anti-
trafficking goals and objectives. This section aims to ensure 
that communication with foreign government counterparts on 
trafficking occurs early in the reporting period and often, 
that the process is used to increase diplomacy with foreign 
governments on the issue, and that a uniform practice across 
bureaus and embassies is established.

Sec. 102. Regional Anti-Trafficking officers

    This section authorizes the appointment of anti-trafficking 
officers based out of U.S. embassies to cover regions where 
human trafficking is most prevalent and foreign governmental 
efforts insufficient.

Sec. 103. Partnerships against significant trafficking in persons

    This section re-orders existing language from sections 105 
and 106 of the Trafficking Victims Protection Act of 2000 on 
``partnerships'' and provides new tools and authorities for the 
Department of State to cooperate with the private sector, civil 
society, and foreign governments to combat human trafficking. 
It also promotes partnerships between foreign governments and 
non-governmental entities, and further authorizes the Secretary 
of State to establish an emergency fund to assist foreign 
governments in meeting unexpected, urgent needs related to 
human trafficking. Finally, it authorizes new cooperative 
funding mechanisms for technical assistance to foreign 
governments through ``Child Protection Compacts'' with selected 
eligible countries. S. 1301 does not increase authorization 
levels for this mechanism, but the Committee intends that the 
mechanism be used to partner with foreign governments toward 
transparent and measurable objectives.

Sec. 104. Protection and assistance for victims of trafficking

    This section requires an annual Congressional briefing on 
State Department and United States Agency for International 
Development efforts to promote regional inter-governmental 
cooperation regarding victim protection and assistance, as well 
as criminal investigations and prosecutions.

Sec. 105. Minimum standards for the elimination of trafficking

    This section amends the current minimum standards by which 
the Department of State measures efforts to eliminate human 
trafficking by including criteria relating to: (1) preventing 
human trafficking by nationals deployed in diplomatic missions 
alongside peacekeeping missions; (2) emphasizing the need for 
governments to have a transparent system for appropriately 
addressing a public official's involvement in human 
trafficking; (3) increasing inter-governmental cooperation and 
partnerships on a bilateral, multilateral, or regional basis, 
and with civil society; and (4) regulating foreign labor 
recruiters and criminalizing fraudulent recruiting.

Sec. 106. Best practices in trafficking in persons eradication

    This section codifies the State Department's established 
practice of submitting a comprehensive annual report to 
Congress on governmental efforts to fight human trafficking, 
also known as the Trafficking in Persons Report. The Committee 
intends that the Department continue its practice of including 
the United States in the annual report. This section also 
codifies the State Department's existing practice of publishing 
on its website the rationale for any exercise of waiver 
authority under the category of ``Countries on the Special 
Watch List for 2 Consecutive Years.'' This section also 
recommends consistency in the Department's inclusion of a 
section in the annual report highlighting exemplary governments 
and practices in the eradication of human trafficking.
    This section also creates a new mechanism whereby countries 
selected for the ``Tier 2'' category that have made exemplary 
progress within this category will be mentioned as such. Wide 
disparity exists between the achievements of governments 
selected for Tier 2, and this section provides the Department 
of State with tools to mention high performing Tier 2 
countries, not simply those whose efforts have been notably 
weak and, consequently, selected for ``Tier 2 Watch List.'' 
While such governments progress may not merit inclusion in the 
``Tier 1'' category, the Committee believes it may be 
beneficial to recognize strong ``Tier 2'' governments in order 
to encourage them to continue investing in successful anti-
trafficking efforts.
    Lastly, this section removes the authorization for the 
Secretary to produce and publish ``interim reports''in order to 
reduce unnecessary or inefficient reporting.

Sec. 107. Protections for domestic workers and other non-immigrants

    This section calls for the creation of an informative video 
for consular waiting rooms in countries with a high 
concentration of non-immigrant visa applications in addition to 
already existing pamphlets. While innovative implementation of 
this section is welcome, the requirement only applies to 
consular waiting rooms that currently have video capabilities 
and could be satisfied with a basic video with voiceovers 
dubbed in the appropriate language.

Sec. 108. Prevention of child trafficking through child marriage

    This section requires the Secretary of State, in 
consultation with the Administrator of the United States Agency 
for International Development and relevant offices and bureaus, 
to formulate and distribute guidance to prevent child marriage 
and promote the empowerment of girls at risk of child marriage 
in developing countries. It also requires the annual State 
Department Country Reports on Human Rights Practices to include 
reporting on child marriage.

Sec. 109. Child soldiers

    This section amends the prohibition on certain funds as 
established per Section 404(a) of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act of 2008 by 
adding Peacekeeping Operations funds to existing limitations on 
providing U.S. security assistance to countries known to use 
child soldiers. The provision includes a Presidential waiver 
and exceptions for efforts to professionalize forces and reduce 
the use of child soldiers within militaries in question.

Sec. 110. Presidential award for technological innovations in 
        trafficking in persons eradication

    This section adds ``technological innovation'' to the bases 
upon which the President may select an honoree for the 
``Presidential Award for Extraordinary Efforts to Combat 
Trafficking in Persons.''

Sec. 111. Contracting requirements

    This section helps to prevent labor and sex trafficking by 
government contractors and subcontractors. It expands an 
existing provision under the TVPA to require the government to 
include a condition in every contract, grant, or cooperative 
agreement that authorizes the Federal department or agency to 
terminate a contract if the contractor or subcontractor engages 
in acts related to trafficking, has procured a commercial sex 
act, or uses forced labor in the performance of the grant, 
contract, or cooperative agreement. The Committee recommends 
that all Federal departments or agencies apply these conditions 
when negotiating agreements with Non-Appropriated Funding 
Instrumentalities and Military Morale, Welfare, and Recreation 
Programs including the Army Air Force Exchange (AAFES) and Navy 
Exchange.
    This section specifically authorizes contract termination 
in a number of instances, including if an employer destroys or 
removes an employee's immigration documents without the 
employee's consent, or fails to assist with repatriation of the 
employee after the end of employment. This provision is not 
intended to supplant existing requirements that place full 
responsibility for employee repatriation on the employer. It 
also authorizes contract termination if the employer places the 
recruited employee in a location or work placement different 
from that promised when the employee is recruited. This 
provision is intended to both prevent employers from 
misrepresenting location and occupation information during 
employee recruitment and to prevent employers from economically 
coercing recruited individuals to consent to a change in 
location or occupation after the employee has left his or her 
host country. This section also authorizes termination of a 
contract upon the charging of placement fees equal to or 
greater than the annual salary or half the employee's total 
anticipated pay, whichever is less. The Committee recognizes 
that other excessive or exorbitant placement fees may be 
grounds for contract termination and did not intend to relieve 
contractors from compliance with host country laws or contract 
representations and certifications. Finally, the section 
authorizes termination for any other activities that support or 
promote trafficking in persons, the procurement of commercial 
sex, or forced labor in order to give contracting officers 
greater latitude to terminate a contract for reasons not 
specifically listed in subsections A-D.
    This section also requires contractors to create a 
compliance plan to prevent activities related to trafficking in 
persons, procurement of commercial sex, or forced labor, and to 
certify upon due diligence that neither the contractor nor any 
subcontractors are engaged in such activities. Upon the receipt 
of credible reports of noncompliance, the contracting officer 
is authorized, depending on the extent of the violation, to 
attempt to resolve the noncompliance, modify the existing 
agreement, decline to renew the agreement, or terminate the 
agreement. Credible reports include, but are not limited to, 
reports from a contracting officer representative, an inspector 
general, an auditor, or any other official source, which may 
include a victim of trafficking.

Sec. 112. Department of Defense reporting of trafficking in persons 
        claims and violations

    This section requires the Department of Defense to make 
public information on all known trafficking cases through the 
annual report to Congress of the Interagency Task Force to 
Monitor and Combat Trafficking.

    TITLE II--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES

       Subtitle A--Penalties Against Traffickers and Other Crimes

Sec. 201. Criminal trafficking offenses

    This section modifies criminal law provisions that address 
trafficking in persons. First, under the Racketeer Influenced 
Corrupt Organizations Act (18 U.S.C. Sec. 1961), the definition 
of a ``racketeering activity'' is expanded to include fraud in 
foreign labor contracting, pursuant to 18 U.S.C. Sec. 1351.
    Second, child exploitation laws under 18 U.S.C. Sec. 2423 
are strengthened to hold criminally liable those U.S. citizens 
and lawful permanent residents residing outside of the United 
States who engage in illicit sexual conduct with a minor. 
Current law only reaches U.S. citizens and lawful permanent 
residents who travel abroad in foreign commerce.
    Third, a new misdemeanor provision is added as 18 U.S.C. 
Sec. 1597, which criminalizes the unlawful confiscation or 
destruction of a person's immigration documents in order to 
maintain or restrict the labor or services of that person. An 
analogous felony is found in 18 U.S.C. Sec. 1592, which 
addresses similar conduct committed in the course of violating 
or with intent to violate specified human trafficking crimes.

Sec. 202. Civil remedies, clarifying definition

    This section expands civil remedies available to minor 
victims under 18 U.S.C. Sec. 2255. Current law allows minor 
victims to file suit for damages if the minor was a victim of a 
sexual abuse or exploitation crime as defined in chapters 109A 
and 110 of Title 18. The amended section allows minors who were 
victims of a severe form of trafficking in persons to recover 
civil damages under this section. It also increases the civil 
statute of limitations for all minors who file suit under 18 
U.S.C. Sec. 2255 from six years to ten years. Additionally, the 
existing criminal law definition of ``abuse or threatened abuse 
of law or legal process'' from 18 U.S.C. Sec. Sec. 1589 and 
1591 is added to the general definitions of the Trafficking 
Victims Protection Act of 2000.

 Subtitle B--Ensuring Availability of Possible Witnesses and Informants

Sec. 211. Protections for threatened family members of trafficking 
        victims

    This section modestly augments the list of eligible 
relatives who may file as a derivative beneficiary of a ``T'' 
visa holder. The section would allow children of certain 
derivative family members to apply to join the trafficking 
victim in the United States, but only if those children face a 
present danger of retaliation in their home country by the 
traffickers. Children of derivative family members who do not 
face retaliation would not be eligible.

Sec. 212. Encouraging victims of fraud in foreign labor contracting to 
        assist law enforcement

    This section adds ``fraud in foreign labor contracting,'' 
as defined by 18 U.S.C. Sec. 1351, to the list of crimes of 
which victims may be eligible to apply for a ``U'' visa. (See 
INA Sec.  101(a)(15)(U); 8 U.S.C. Sec. 1101(a)(15)(U). ``U'' 
visa recipients must show that they are victims of a qualifying 
criminal activity, have suffered substantial physical or mental 
abuse as a result of that crime, and are willing to assist law 
enforcement or other government officials in the investigation 
or prosecution of the crime. ``U'' visa recipients are not 
eligible for any Federal benefits. Fraud in foreign labor 
contracting is difficult to prosecute because victims are often 
reluctant to come forward and report the crime for fear of 
being deported. Including this crime as a qualifying criminal 
activity for a ``U'' visa will encourage greater reporting and 
prosecution of this offense.

 Subtitle C--Ensuring Inter-Agency Coordination and Expanded Reporting

Sec. 221. Reporting requirements by the Attorney General

    Under current law, the Attorney General is required to 
submit an annual report to Congress detailing efforts by 
Federal agencies to implement the Trafficking Victims 
Protection Act. In order to more accurately determine the 
effectiveness of those efforts, this section requires the 
Attorney General to also report on how efficiently ``T'' and 
``U'' visas are processed, efforts to train State, Tribal, and 
local law enforcement on investigating human trafficking 
crimes, and how Federal programs meet the needs of minor 
victims of trafficking who are U.S. citizens or lawful 
permanent residents.

Sec. 222. Reporting requirements by the Secretary of Labor

    TVPRA 2005 required the Department of Labor to monitor and 
make efforts to combat forced and child labor in foreign 
countries, including making public a list of foreign goods 
produced by forced or child labor. This section requires the 
Secretary of Labor to provide that list to Congress biannually.

Sec. 223. Information sharing to combat child labor and slave labor

    In order to assist the Department of Labor in compiling the 
list of goods produced by forced or child labor referenced in 
section 223 (above), this section directs the Department of 
State to provide relevant information to the Department of 
Labor.

Sec. 224. Government training efforts to include the Department of 
        Labor

    This section expands the number of agencies required to be 
trained in indentifying victims of a severe form of trafficking 
to include certain personnel from the Department of Labor.

Sec. 225. GAO report on the use of foreign labor contractors

    To ensure that foreign workers contracted to work in or for 
the United States do not suffer abuses or are not fraudulently 
recruited by third-party brokers or subcontractors, this 
section directs the GAO to issue a report investigating whether 
any such foreign workers were subjected to abuse or 
trafficking. The report would analyze the current contracting 
system and make recommendations to Federal agencies to rectify 
any known abuses.

Sec. 226. Oversight of Department of Justice Grant Program

    This section adds a number of audits and oversight 
requirements on grants awarded by the Department of Justice 
(DOJ). It adds caps on administrative expenses and matching 
requirements for DOJ grants. It limits conference expenditures 
and prohibits lobbying from being conducted with government 
funds, among other measures.

Subtitle D--Enhancing State and Local Efforts to Combat Trafficking in 
                                Persons

Sec. 231. Assistance for domestic minor sex trafficking victims

    This section replaces a services grant program with a block 
grant program administered by the Department of Justice to four 
localities that have demonstrated a comprehensive approach in 
addressing sex trafficking of minors, including cooperation 
between law enforcement and social service providers. The 
localities may distribute the grants to entities that provide, 
among other things, residential care, emergency social 
services, and mental health counseling. The authorized 
appropriations do not change. Additionally, this section saves 
$5,000,000 by not reauthorizing a pilot program under the 
Department of Health and Human Services.

Sec. 232. Expanding local law enforcement grants for investigations and 
        prosecutions of sex trafficking

    Under current law, 42 U.S.C. Sec. 14044c authorizes the 
Attorney General to make grants to State and local law 
enforcement agencies to provide training and resources to 
investigate trafficking in persons. This section requires the 
provision to focus on all forms of severe human trafficking. In 
an effort to attack the demand side of sex trafficking, it also 
encourages efforts to prosecute individuals who purchase 
commercial sex acts from minors, along with the traffickers. 
This section also includes a mandate for GAO to evaluate the 
program and reduces authorization levels by $10,000,000.

Sec. 233. Model state law protection for child trafficking victims and 
        survivors

    This section amends Section 225(b) of the Trafficking 
Victims Protection Reauthorization Act of 2008 to encourage the 
Attorney General to develop model code language for States that 
would treat children exploited through prostitution as victims, 
not criminals.

              TITLE III--AUTHORIZATIONS OF APPROPRIATIONS

Sec. 301. Adjust authorization levels of provision of the Trafficking 
        Victims Protection Act of 2000

    This section details the changes to the authorization of 
appropriations that were originally enacted by the Trafficking 
Victims Protection Act of 2000. Overall, S. 1301 reduces 
authorization levels by more than $60 million annually compared 
to the Trafficking Victims Protection Reauthorization Act of 
2008. In this section, the authorization levels for the 
Departments of State, Homeland Security, and Labor, as well as 
the Federal Bureau of Investigation, have been reduced. At the 
same time, authorization of appropriations for victim benefits 
and services administered by the Department of Health and Human 
Services and by the Department of Justice are increased by 
$3,000,000 and $5,000,000 respectively. Authorizations for 
additional personnel and reception expenses have been removed.

Sec. 302. Adjust authorization levels of provisions of the Trafficking 
        Victims Protection Reauthorization Act of 2005

    The appropriations listed in this section reduce previously 
authorized levels of funding for conferences and a pilot 
program of the U.S. Agency for International Development.

                 TITLE IV--UNACCOMPANIED ALIEN CHILDREN

Sec. 401. Appropriate custodial settings for unaccompanied minors who 
        reach the age of majority while in Federal custody

    This section modifies Section 235(c)(2) of the TVPRA 2008 
to address the situation of unaccompanied minors in the custody 
of the Office of Refugee Resettlement who reach the age of 18 
prior to resolution of their immigration case. Such persons are 
typically transferred to adult immigration detention under the 
authority of U.S. Immigration and Customs Enforcement (ICE). 
This section requires the Secretary to consider placement of 
the individual in the least restrictive setting available after 
taking into consideration the individual's danger to self, 
danger to the community, and risk of flight. The Secretary 
would retain discretion to place an immigrant in a detention 
facility if deemed necessary for public safety.

Sec. 402. Appointment of child advocates for unaccompanied minors

    This section would expand the successful Child Advocate 
program that was established as a pilot program in 2003. Child 
Advocates are independent actors who assist trafficking victims 
and other vulnerable immigrant children by ensuring immediate 
and long-term welfare and access to protection, consistent with 
the child's best interests. This section would expand the 
current Child Advocate program from its current operations (a 
program in Chicago, IL, and limited offerings in Harlingen, TX) 
to three additional locations within the next two years, with 
locations selected based on the greatest need. Within four 
years, the program can be expanded to an additional three 
sites. This section requires reporting to Congress by the 
Secretary of Health and Human Services and a GAO study on the 
effectiveness of the Child Advocate program. This section 
authorizes $1,000,000 per year for each of the first two years 
of the reauthorization and $2,000,000 for each of years three 
and four of the reauthorization. To ensure effective management 
of Federal funds, this section imposes a cap of 10% on 
administrative expenses and also requires the Child Advocate 
program to match the Federal funds received at a rate of 25%.

Sec. 403. Access to Federal foster care and unaccompanied refugee minor 
        protections for certain U visa recipients

    Under current law, when an unaccompanied immigrant minor 
who was also a victim of crime is awarded a ``U'' visa, that 
minor loses eligibility for certain benefits available to 
children who are considered unaccompanied minors under law. No 
benefits attach to ``U'' visa status. This section would make 
``U'' visa recipients who are minors and who were formerly 
considered unaccompanied minors eligible for Federal foster 
care and certain benefits available to refugee minors. This 
provision would not apply to all ``U'' visa recipients who 
happen to be minors, but only to the small number of minor 
victims who were formerly deemed unaccompanied under law.

Sec. 404. Study of the effectiveness of border screenings under section 
        235(a)(4) of the William Wilberforce Trafficking Victims 
        Protection Reauthorization Act of 2008

    This section requires GAO to conduct a study on the 
implementation of provisions of TVPRA 2008 with regard to 
Department of Homeland Security (DHS) screening of children. 
For example, GAO will assess whether DHS personnel are 
adequately screening children to determine whether they may be 
victims of trafficking or persecution. GAO will also assess 
whether children are properly cared for while in the custody of 
the DHS and repatriated in an appropriate manner.

             IV. Congressional Budget Office Cost Estimate

    The cost estimate provided by the Congressional Budget 
Office pursuant to section 402 of the Congressional Budget Act 
of 1974 was not available for inclusion in this report. The 
estimate will be printed in either a supplemental report or the 
Congressional Record when it is available.

                    V. Regulatory Impact Evaluation

    In compliance with rule XXVI of the Standing Rules of the 
Senate, the Committee finds that no significant regulatory 
impact will result from the enactment of S. 1301.

                             VI. Conclusion

    Much progress has been made since the Trafficking Victims 
Protection Act was signed into law in 2000 to combat the 
scourge of human trafficking in the United States and around 
the world. Nonetheless, millions of people worldwide continue 
to be victimized by this modern form of slavery. The 
Trafficking Victims Protection Reauthorization Act of 2011 
reaffirms our country's commitment to fight modern day slavery 
and exploitation. It continues and strengthens programs that 
are working well and gives law enforcement additional tools to 
target trafficking. It also reduces authorization levels and 
builds in accountability measures to ensure that scarce Federal 
funds are being well spent. The Committee believes that 
Congress should come together, as it has done several times 
before with overwhelming support, to make progress in the fight 
against trafficking and pass this important legislation.

                   VII. Additional and Minority Views

                              ----------                              

                 ADDITIONAL VIEWS FROM SENATOR GRASSLEY

    Federal government efforts to combat human trafficking are 
worthy and appropriate. Human trafficking is a terrible crime 
and those who commit this crime must be prosecuted to the 
fullest extent of the law. In addressing this topic, Congress 
passed and President Clinton signed into law the Trafficking 
Victims Protection Act (TVPA) in 2000. The original TVPA, and 
the subsequent reauthorizations, have all recognized the 
horrific nature of these crimes and have received significant 
bi-partisan support. In this vein, I worked hard to negotiate a 
bi-partisan compromise with the Chairman to ensure that this 
important law is reauthorized. The final version of S. 1301 
contains a number of changes that I requested and believe 
strengthen the program while recognizing the difficult 
financial times the Country faces. These changes help to reduce 
unnecessary and duplicative expenditures, consolidate funding 
streams to mirror actual appropriations, and ensure that there 
is accountability and oversight of grant recipients. Together, 
these changes will help to ensure the sustainability of funding 
for prevention of human trafficking.
    While I support the final version of the bill, I have some 
concerns with the interpretations of it as articulated by the 
Committee report. These additional views represent my 
understanding of the final compromise reached between the 
Chairman and myself and offer further details on important 
provisions I worked to include as part of the final compromise.
Concerns with human trafficking statistics
    More than ten years after the passage of TVPA, there is 
still no reliable information about the scope of this criminal 
activity. In an audit released in 2006, the Government 
Accountability Office (GAO) stated, ``The U.S. government has 
not yet established an effective mechanism for estimating the 
number of victims or for conducting ongoing analysis of 
trafficking related data that resides within various government 
agencies.''\1\ In the five years since then, there has been no 
improvement in the government's ability to quantify the data 
related to this crime, in particular the number of victims, 
both in the United States and around the world. Only with valid 
figures--or at least evidence-based estimates--can we be sure 
that the funds spent on the fight against trafficking are 
having the impact they are intended to have.
---------------------------------------------------------------------------
    \1\U.S. Gov't Accountability Office, ``Human Trafficking: Better 
Data, Strategy, and Reporting Needed to Enhance U.S. Trafficking 
Efforts Abroad,'' GAO-06-825 (July 2006), p. 18.
---------------------------------------------------------------------------
    According to the latest Department of Justice (DOJ) figures 
available to the Committee, there were only about 2000 victims 
discovered in the United States from Fiscal Year 2001 to 
2009.\2\ Figures for FY 2010 are not available because DOJ has 
still not delivered the statutorily mandated report on efforts 
to combat trafficking that was due to Congress in May of 2011. 
Likewise, according to the State Department's annual 
Trafficking in Persons report, there were only 33,000 victims 
identified around the world last year.\3\ These figures 
contrast sharply with estimates provided in the past by the 
Executive Branch and frequently cited by various interest 
groups and the media such as 14,500 to 17,000 thousand in the 
United States each year and 600,000 to 800,000 around the globe 
each year. As the GAO put it in 2006, ``There is significant 
discrepancy between the number of estimated victims and the 
number of observed victims . . .''\4\
---------------------------------------------------------------------------
    \2\Dep't of Justice, Attorney General's Annual Report to Congress 
and Assessment of U.S. Government Efforts to Combat Trafficking in 
Persons, Fiscal Year 2009 (May 2010), p. 20.
    \3\Department of State, Trafficking in Persons Report 2011 (June 
2011), p. 38.
    \4\Gov't Accountability Office, supra Note 1, at p. 17.
---------------------------------------------------------------------------
    The State Department acknowledged this fact itself in its 
2010 Trafficking in Persons Report, where it reported that only 
0.4 percent of estimated victims had been identified.\5\ While 
it is reasonable to assume that because of the underground 
nature of trafficking, many victims are kept hidden from 
authorities and are difficult to find and rescue, at the same 
time, the worldwide focus on trafficking for more than 10 years 
should have led to better identification of victims by now. In 
particular, the figure for United States victims identified and 
rescued should be quite high. But, taking the lower end of the 
estimate of victims in the United States, it is simply not 
credible that, given the amount of federal resources devoted to 
the problem, only 2,000 of 150,000 victims, or slightly more 
than 1 percent, have been found in the last 11 years. Either 
the government is doing an unconscionably poor job of finding 
victims or there are not that many total victims in the first 
place. It is my hope, that this reauthorization will lead to 
better reporting on the true number of victims and will help 
jumpstart more accurate reporting on human trafficking 
statistics to Congress and the American people. At the least, 
DOJ should be on notice going forward that continuing to turn 
in reports to Congress months late is unacceptable, especially 
when Congress is attempting to reauthorize important 
legislation impacting their operations.
---------------------------------------------------------------------------
    \5\Department of State, Trafficking in Persons Report 2010 (June 
2010), p. 7.
---------------------------------------------------------------------------
Continued presence
    First, it must be clear that this bill makes no changes to 
the law pertaining to Continued Presence (CP). The law, found 
in 22 U.S.C. Sec. 7105(c)(3)(A)(i), provides: ``[i]f a Federal 
law enforcement official files an application stating that an 
alien is a victim of a severe form of trafficking and may be a 
potential witness to such trafficking, the Secretary of 
Homeland Security may permit the alien to remain in the United 
States to facilitate the investigation and prosecution of those 
responsible for such crime.'' Any interpretation articulated in 
the Committee Report cannot affect the current status of the CP 
law or how it is administered. And, because this legislation in 
no way alters the current statutory standard for CP, neither 
the Executive Branch, nor the courts, should view opinions 
contained in this report as changing the legal standard in any 
way.
    Second, the Committee Report also discusses DHS guidelines 
describing when CP should be used. It declares that ``[t]his 
decline [in the number of individuals receiving CP] is 
troubling, especially in light of the benefits to law 
enforcement that accrue through CP.'' The report concludes its 
discussion of CP by stating: ``The Committee will closely 
monitor how CP requests are handled in the future and whether 
the low number of CP grants can be attributed to policy, 
practice, or some other reason.'' It appears that these 
statements are meant to imply that law enforcement and 
prosecutors do not know how to do their jobs and that Congress 
and advocates know better. I disagree with this implication.
    As the DHS guidelines, relied upon by the report, make 
clear: ``CP is an important tool for federal, state, and local 
law enforcement in their investigation of human trafficking-
related crimes.''\6\ Consequently, whether, when, and how often 
to use CP is a matter for law enforcement and prosecutors to 
determine on a case-by-case basis, using their expertise. The 
Committee has not been presented with any evidence that law 
enforcement officers and prosecutors are not properly enforcing 
trafficking laws. Nor has the Committee been presented with any 
evidence that they are not appropriately utilizing CP.
---------------------------------------------------------------------------
    \6\Dep't of Homeland Security, Continued Presence: Temporary 
Immigration Status for Victims of Human Trafficking (August 2010) 
(available at http://www.dhs.gov/files/programs/gc_1284411607501.shtm).
---------------------------------------------------------------------------
    Indeed, on October 3, 2011, the Committee's majority staff 
organized a briefing by five local law enforcement officials on 
the use of U-Visas (for victims of crime), T-Visas (for victims 
of trafficking) and Violence Against Women Act (VAWA) self-
petitions. The declared purpose of the briefing was to provide 
useful background information to staff as the Committee 
considered the Trafficking Victims Protection Reauthorization 
Act (S. 1301) and the VAWA Reauthorization. The law enforcement 
officials were described by the majority staff as having 
significant experience working to fight domestic violence, 
sexual violence, and trafficking in their communities, and 
training other law enforcement officers on the use of U visas 
as a law enforcement tool. During that briefing, none of the 
officers indicated that there were any problems with the 
standard for requesting CP or the frequency in which CP 
requests are made.
    Generally speaking, career law enforcement officers and 
prosecutors know how to do their jobs and do not, as a general 
matter, need to be told how to fight crime. To date, there has 
been no evidence presented to suggest that career law 
enforcement officers and prosecutors are failing to utilize CP 
as a crime fighting tool.
    In the end, the standard for CP is set forth in 22 U.S.C. 
Sec. 7105(c)(3)(A)(i). The TVPRA does not change that standard. 
And, interpretations contained in this report cannot and do not 
change that standard.
Funding provisions of TVPA
    Chief among the key provisions of the TVPA has been the 
authorizations that provide funding to many different programs 
to combat human trafficking. These provisions have previously 
authorized funding to the Department of Justice, Department of 
State, Department of Homeland Security, Department of Labor, 
Department of Health and Human Services, and the Executive 
Office of the President. The past versions of TVPA had created 
approximately twenty-six separate budgetary line items that 
authorized $191.5 million annually. Because funding for TVPA 
programs was stretched across so many different accounts, there 
has been significant duplication, overlap, and unnecessary 
expenditures under TVPA funded programs.
    For example, the 2005 TVPA Reauthorization included a $30 
million funding stream for the Federal Bureau of Investigation 
(FBI) to investigate trafficking in persons.\7\ This funding 
was included to specifically recognize the importance of 
investigating trafficking in person's cases. While I agree with 
the goal of this additional funding, to continue this 
additional authorization, on top of the nearly $7.8 billion the 
FBI received in Fiscal Year 2011, is duplicative. Further, this 
provision has never been funded by the appropriators. In fact, 
the Fiscal Year 2012 Senate Subcommittee on Commerce, Justice, 
Science, and Related Agencies Appropriations specifically 
included language in the Fiscal Year 2012 Committee Report that 
states, ``Within funds provided, the Committee expects the FBI 
to investigate severe forms of trafficking in persons as 
authorized by [the TVPA].'' This statement essentially 
indicates that the appropriations staff view the duty to 
investigate severe forms of trafficking in persons as part of 
the inherent duty of the FBI that does not require specific, 
additional funding. Given the unprecedented fiscal situation 
the federal government faces, along with traditional principles 
of good government, the compromise version of S. 1301 
eliminates the specific line item for additional funds for the 
FBI.
---------------------------------------------------------------------------
    \7\Pub. L. No. 109-164, 119 Stat. 3558, 301(7), Jan. 10, 2006.
---------------------------------------------------------------------------
    Following the same principles of good government, and 
continuing to recognize the extraordinary fiscal times the 
federal government faces, the final compromise of S. 1301 that 
I supported reduces the overall funding levels for TVPA 
programs, from $191.5 million per year to approximately $130 
million per year. To achieve this significant reduction, 
significant time and resources were paid to reviewing each of 
the programs previously authorized and funded to determine 
where duplication, overlap, waste, and unnecessary expenditures 
existed. This review highlighted ten funding streams that were 
not reauthorized, including the special FBI funding previously 
discussed. This includes eliminating ``reception'' expenses at 
the State Department, two pilot programs that were never 
funded, two overlapping studies at the Justice Department, 
funding for research and foreign assistance in the Executive 
Office of the President that is duplicative and overlaps with 
State Department funding, and eliminating a local grant program 
at HHS. Further, the final compromise also significantly 
reduces, but does not eliminate, expenditures for DHS and the 
State Department.
    While cutting budgets is often difficult given the 
institutional opposition to eliminating programs, making tough 
choices in these programs was necessary. Those difficult 
choices allowed us to increase funding to victims of severe 
forms of trafficking by increasing funding to the Department of 
Justice's victims assistance programs. Taken together, the 
final compromise strikes the right balance in eliminating 
duplicative and unappropriated programs while funding programs 
that are worthy--such as assistance to victims of severe forms 
of trafficking.
Accountability and transparency measures
    Perhaps the most important part of the final compromise of 
S. 1301 is the inclusion of a strong accountability package to 
ensure that taxpayer dollars are not subject to fraud, waste, 
and abuse. By reducing or eliminating fraud, waste, and abuse, 
we ensure that victims are receiving all of the services and 
assistance that our authorizations intend. This accountability 
package, located in section 226, contains a number of different 
measures that will help eliminate the past abuses of TVPA grant 
programs.
    At the hearing in September, I questioned the Principal 
Deputy Assistant Attorney General for the Office of Justice 
Programs--one of two offices that provides grant funding under 
TVPA programs. During that questioning, I discussed how in the 
past four years, the Inspector General at the Justice 
Department has audited seven individual grant recipients under 
the TVPA. Each of those seven audits contained significant 
irregularities including unallowable costs, unauthorized 
expenditures, poor accounting and financial records, failure of 
programs to meet stated goals, and failure to provide matching 
funds identified in grant applications. The Inspector General 
found ``systemic weaknesses in [OJP's] grant implementation,'' 
including ``weaknesses in the areas of the established goals 
and accomplishments for grantees, grant reporting, fund 
drawdowns, local matching funds, expenditures, indirect costs, 
and monitoring of subrecepients.''\8\ In one instance, a 
grantee was given nearly $2 million for human trafficking 
assistance, and the Inspector General questioned nearly 
$900,000, plus an additional $174,000 in fringe benefits.\9\ 
The Principal Deputy Assistant Attorney General agreed with my 
analysis that this grant was an example of a spectacular 
failure on the part of the government to oversee taxpayer 
dollars.\10\ Unfortunately, I was then told what I have been 
told for years, that the Justice Department has fixed this 
problem and that it won't happen again.
---------------------------------------------------------------------------
    \8\Dep't of Justice, Office of Inspector General, Management of the 
Office of Justice Programs' Grant Programs for Trafficking Victims, OIG 
Audit Report 08-26 (July 2008).
    \9\Dep't of Justice, Office of Inspector General, Legal Assistance 
for Victims Grant and Services for Human Trafficking Victims Grants 
Administered by the Heartland Alliance for Human Needs and Human 
Rights, Chicago, Illinois OIG Audit Report GR-50-08-002 (January 2008)
    \10\The Trafficking Victims Protection Reauthorization Act: 
Renewing the Commitment to Victims of Human Trafficking: Hearing before 
the Senate Comm. on the Judiciary, Sept. 14, 2011.
---------------------------------------------------------------------------
    Despite repeated assurances that the Justice Department is 
doing more now than it has in the past to prevent fraud, waste, 
and abuse of taxpayer dollars, the song remains the same. Grant 
recipients continue to commit major program violations and yet 
continue to receive taxpayer dollars year after year. For 
example, in a January 2008 audit report, the OIG questioned 
``all expenditures in salaries ($902,122) and in fringe 
benefits ($174,479) due to the lack of adequate supporting 
documentation.''\11\ The OIG also questioned, ``$70,580 for . . 
. unsupported matching contributions for salary and fringe 
benefits,'' as well as ``$63,009 in expenditures that exceeded 
the maximum daily rate [for pro bono legal service matching 
requirements].''\12\ Another January 2008 audit of a law 
enforcement task force found ``that the grantee generally 
complied with grant requirements'', but the OIG also ``found 
that an unauthorized position was charged to the grant,'' and 
that the grantee ``maintained an accounting system and 
financial records that did not always account for grant-related 
expenditures and revenue.''\13\ A March 2008 grant audit of a 
New York-based recipient also found significant weaknesses in 
grant expenditures. For example, the OIG found that the grantee 
was ``not achieving the objectives pertaining to social 
services and legal services because it was not serving 100 
victims, and did not obtain 80 T-visas for victims on 
trafficking identified during the project period as 
budgeted.''\14\ The OIG also found weaknesses in how the 
grantee determined client eligibility for services; identified 
the number of clients served; failed to provide supporting 
documentation for housing costs; paying in full for contracts 
for housing, medical, and legal services for victims despite 
serving fewer victims than contracted, and complied with the 
matching requirements. In all, the OIG questioned nearly 
$500,000 of the original $2 million grant.\15\ In addition to 
these individual audits, the Inspector General has questioned 
the number of victims that the Office of Justice Program's 
anti-trafficking efforts have served.\16\ That same audit, 
found ``systematic weaknesses in [OJP's] grant implementation'' 
citing the need for the Office of Victims of Crime (OVC) and 
the Bureau of Justice Assistance (BJA) to take ``additional 
actions to ensure that these weaknesses are addressed by all 
OVC service providers and BJS [Bureau of Justice Statistics] 
task forces, not just the subjects of the individual audits we 
conducted.'' Thus, not only has the OIG questioned the 
administration of TVPA grants by individual grant recipients, 
the OIG has questioned the actual administration of the grant 
programs both by BJA and OVW.
---------------------------------------------------------------------------
    \11\See Dep't of Justice supra note 8.
    \12\Id.
    \13\Dep't of Justice, Office of Inspector General, Office of 
Justice Programs, San Diego Region Anti-Trafficking Task Force Grant 
Awarded to County of San Diego California, OIG Audit Report GR-90-08-
001 (January 2008).
    \14\Dep't of Justice, Office of Inspector General, Office of 
Justice Programs, Office for Victims of Crime, Services for Trafficking 
Victims, Discretionary Grant Program, Cooperative Agreement Awarded to 
the International Rescue Comm, New York, New York OIG Audit Report GR-
40-08-003 (March 2008).
    \15\Id.
    \16\Dep't of Justice supra note 8.
---------------------------------------------------------------------------
    The GAO has also issued two separate reports criticizing 
BJA and the entire U.S. Government effort to coordinate 
programs under TVPA.\17\ These audits and evaluations show 
systemic problems that the OIG and GAO has found in other grant 
programs administered by OJP and other Justice components. In 
fact, grant management has been on the OIG's annual list of 
major management challenges for DOJ each year for the last ten 
years. Simply put, these audits are not an isolated incident 
and appear to be the rule, not the exception. Sadly, given the 
small sample of actual grantees audited on an annual basis, an 
accurate total of taxpayer dollars lost to fraud, waste, abuse, 
or mismanagement of grant programs cannot be calculated.
---------------------------------------------------------------------------
    \17\Gov't Accountability Supra Note 1; U.S. Gov't Accountability 
Office, Human Trafficking: A Strategic Framework Could Help Enhance the 
Interagency Collaboration Needed to Effectively Combat Trafficking 
Crimes GAO-07-915 (July 2007).
---------------------------------------------------------------------------
    To combat these repeated negative audit findings, I 
prepared a significant accountability package that includes a 
number of measures to ensure that grants are actually audited 
and those who mismanage taxpayer dollars are held accountable. 
The final compromise version of S. 1301 includes the following 
accountability measures: (1) requires an annual audit of 10% of 
all grantees by the Inspector General, (2) requires a two-year 
exclusion for any grantee found to have an unresolved audit 
finding for more than six months, (3) requires the Attorney 
General to prioritize grants to grantees that do not have a 
negative audit finding for the last three fiscal years, (4) 
requires the Attorney General to reimburse the federal treasury 
if a barred grantee is awarded funds, then seek to recoup funds 
from the erroneous award to the grantee, (5) requires matching 
funds from grantees--including a limitation on in-kind 
contributions, (6) prohibits the Attorney General from awarding 
grants to any non-profit organization that holds money offshore 
for the purpose of avoiding unrelated business income tax 
(UBIT), (7) caps administrative expenses, (8) requires the 
Deputy Attorney General or Assistant Attorney General to pre-
approve conference expenditures and annually report to 
Congress, (9) prohibits grantees from using taxpayer dollars to 
lobby for additional taxpayer funds, and (10) requires the 
Assistant Attorney General for the Office of Justice Programs 
to annually certify to Congress compliance with the mandatory 
exclusions and reimbursements contained in the bill.
    These requirements are a commonsense proposal to ensure a 
baseline of accountability for federal grantees receiving funds 
under the TVPA. They are a response to problems that have 
arisen in the TVPA administered grant program, in addition to 
others--including reentry programs funded under the Second 
Chance Act, victims and law enforcement grants under the 
Violence Against Women Act, and many other grants administered 
by the OJP, the OVW, and the Community Oriented Policing 
Services (COPS). While the Committee Report argues that these 
accountability provisions are ``specifically tailored to the 
needs and contours of the grant programs authorized under the 
TVPA'', it is my belief that given the many similarities and 
overlapping problems with grants administered by DOJ, these 
accountability provisions cross programmatic boundaries and 
would establish a minimum baseline of accountability across all 
DOJ administered grant programs. Given the current fiscal 
crisis the federal government faces, and the continued findings 
of the OIG outlining fraud, waste, abuse, and mismanagement of 
DOJ administered grant programs, it is imperative that the 
Judiciary Committee undertake a comprehensive effort to include 
these accountability measures in some form to all 
reauthorizations of grant programs going forward.
Conclusion
    Human trafficking is a horrific crime that requires the 
attention of the federal government and those who commit this 
terrible crime should be prosecuted to the fullest extent of 
the law. The final Committee reported version of S. 1301 
represents a step forward for victims and American taxpayers. 
By reexamining the existing funding streams and determining 
where savings could be made, the bill was able to cut spending 
while simultaneously increase funding for victims. 
Additionally, by adding a significant accountability package, 
this bill signals to grant recipients that they too need to 
increase their efforts to better manage federal government 
resources in order to serve victims in a more efficient manner.

                                               Charles E. Grassley.

       MINORITY VIEWS FROM SENATORS KYL, SESSIONS, LEE AND COBURN

    Since passage of the Trafficking Victims Protection Act 
(TVPA) in 2000, Congress has regularly reauthorized and 
expanded programs to combat human trafficking. Although funding 
to combat this tragic crime has increased exponentially over 
the last decade, Congress has failed to provide the necessary 
oversight to ensure this money is being spent efficiently and 
effectively. As a direct result of this failure, there is now a 
growing bureaucracy of anti-trafficking programs that is 
wasteful, mismanaged, and duplicative. S. 1301, the Trafficking 
Victims Protection Reauthorization Act of 2011 (TVPRA), takes 
admirable steps to curb the amount of spending on anti-
trafficking programs in light of the current economic climate; 
nevertheless, this legislation fails to implement necessary 
changes in the structure and design of these programs.
    The amount of money authorized to combat human trafficking 
increased from $31.8 million in 2001 to $185.5 million in 2010. 
At the same time, the number of agencies and programs charged 
with combating trafficking rose dramatically: eight federal 
agencies now receive funding under the TVPA,\1\ as well as 
countless programs, funds, and task forces. Unfortunately, 
Congress continues to neglect its duty to provide proper 
oversight of these various agencies and programs, and as a 
result a significant amount of the funding provided under the 
TVPA is wasted or mismanaged. Even worse, some of the agencies 
receiving this funding have difficulty merely keeping a proper 
account of their funds. While S. 1301 takes some initial, 
positive steps in reining in the waste and mismanagement of the 
various anti-trafficking programs by reducing their 
authorizations or eliminating programs that have not been 
appropriated in the past, the bill as currently written does 
not ensure we are effectively spending each dollar.
---------------------------------------------------------------------------
    \1\Department of State, USAID, Department of Justice, Department of 
Labor, Department of Health and Human Services, Department of Homeland 
Security, Immigration and Customs Enforcement, and the Executive Office 
of the President.
---------------------------------------------------------------------------
Imbalance between domestic and international program funding
    The protection of American citizens from human trafficking, 
and the prosecution of those who attempt to engage in such 
trafficking in the United States, was the foremost concern of 
the initial Trafficking Victims Protection Act. However, the 
TVPA has evolved over time, and the protection of American 
citizens is no longer the central focus of the government's 
anti-trafficking efforts. Instead, U.S. Government programs 
focus on combating international trafficking and increasing 
public awareness in foreign countries. In FY2010, domestic 
anti-trafficking programs received only $24.2 million while 
international programs received more than $85 million; as a 
result, international programs accounted for 78% of the U.S. 
Government's TIP funding.\2\ This gap in funding between 
domestic and international programs has been consistent over 
time--over the last three years, Congress appropriated $244.9 
million to combat international trafficking while only 
appropriating $67 million to combat domestic trafficking.\3\
---------------------------------------------------------------------------
    \2\``U.S. Government Anti-Trafficking In Persons Program Funding, 
FY2010 Fact Sheet.'' United States Department of State, available at 
http://www.state.gov/documents/organization/167319.pdf.
    \3\Data from 2009-2011 ``U.S. Government Anti-Trafficking In 
Persons Program Funding'' Fact Sheets. United States Department of 
State, available at http://www.state.gov/g/tip/rls/fs/index.htm.
---------------------------------------------------------------------------
    Furthermore, there is even confusion as to whether any 
funds provided under the TVPA may be used to supply direct 
services to U.S. citizen victims. The Attorney General's Annual 
Report to Congress and Assessment of U.S. Government Activities 
to Combat Trafficking in Persons issued on July 2010 states: 
``The funds provided under the TVPA by the federal government 
for direct services to victims are dedicated to assist non-U.S. 
citizen victims and may not be used to assist U.S. citizen 
victims.''\4\ In a December 2010 report, the Congressional 
Research Service noted this lack of clarity, stating: ``There 
is confusion over whether U.S. citizens, as well as 
noncitizens, are eligible for services under all the anti-
trafficking grant programs, and whether Congress has provided 
funding for programs that target U.S. citizen and LPR (lawful 
permanent resident) victims.'' Congress should alleviate this 
confusion and ensure assistance is being provided to U.S. 
citizens before providing grants to foreign countries; 
unfortunately, S. 1301 fails to do so. S. 1301 does not re-
direct any funding from international programs to domestic 
programs, nor does it clarify that U.S. citizen victims may be 
the recipients of direct services under the TVPA. As a result, 
the TVPRA continues to disadvantage American citizens in favor 
of foreign governments.
---------------------------------------------------------------------------
    \4\``Attorney General's Annual Report to Congress and Assessment of 
U.S. Government Activities to Combat Trafficking in Persons, Fiscal 
Year 2009,'' at 17. Available at http://www.justice.gov/ag/
annualreports/tr2009/agreporthumantrafficking2009.pdf.
---------------------------------------------------------------------------
Waste and duplication in international anti-trafficking programs
    The TVPA's focus on international programs is especially 
problematic in view of these programs' deficiencies. For 
instance, one of the leading international anti-trafficking 
programs is the Office to Monitor and Combat Trafficking in 
Persons (G/TIP), an agency within the Department of State--in 
Fiscal Year 2010, G/TIP provided more than $33 million for 
anti-trafficking programs.\5\ At the same time, the 2011 
Department of State Report to the Senate Appropriations 
Committee included a startling admission: only 67% of all 
projects reporting to G/TIP could provide an accurate and 
detailed accounting of their funding and the proportion of said 
funding that directly assisted victims of trafficking 
crimes.\6\ This figure becomes even more troubling in view of 
some of the other programs funded by the Department of State. 
For instance, the Economic Support Fund allocated $25.3 million 
for anti-trafficking purposes, but could only account for $18.6 
million, while the Assistance for Europe, Eurasia, and Central 
Asia (AEECA) fund could only account for $6.22 out of the $9.14 
million it had allocated for trafficking.\7\
---------------------------------------------------------------------------
    \5\2011 Department of State Report to the U.S. Senate 
Appropriations Committee, Subcommittee on Foreign Operations (Submitted 
in response to questions regarding U.S. government funding totals, 
purposes, and effectiveness of programming to combat trafficking in 
persons during Fiscal Year 2010), at 3.
    \6\2011 Department of State Report to the U.S. Senate 
Appropriations Committee, Subcommittee on Foreign Operations (Submitted 
in response to questions regarding U.S. government funding totals, 
purposes, and effectiveness of programming to combat trafficking in 
persons during Fiscal Year 2010), at 4.
    \7\2011 Department of State Report to the U.S. Senate 
Appropriations Committee, Subcommittee on Foreign Operations (Submitted 
in response to questions regarding U.S. government funding totals, 
purposes, and effectiveness of programming to combat trafficking in 
persons during Fiscal Year 2010), at 3-5.
---------------------------------------------------------------------------
    In addition to the funds that simply cannot be accounted 
for, many of the grants awarded by the State Department appear 
to be duplicative. For instance, G/TIP awarded $500,000 to 
Catholic Relief Services and $400,000 to the International 
Organization for Migration, both for lobbying government 
officials in Chad to draft laws related to trafficking.\8\ G/
TIP also awarded a $178,500 grant to the International 
Organization for Migration to operate a case management 
database and another $340,000 grant to the same organization to 
analyze and disseminate the information in the database.\9\
---------------------------------------------------------------------------
    \8\State Department Spreadsheet of Trafficking Grants, FY2009 and 
FY2010 expenditures.
    \9\State Department Spreadsheet of Trafficking Grants, FY2009 
expenditure.
---------------------------------------------------------------------------
    Simply put, waste and duplication among international 
grants and among various agencies means the funds we are 
dedicating to this cause are not effectively combating the 
problems at hand. As the Government Accountability Office noted 
in its most recent report on human trafficking, ``the U.S. 
government has not developed a coordinated strategy for 
combating trafficking abroad or developed a way to gauge 
results and target its overall assistance . . . thus preventing 
the U.S. government from determining the effectiveness of its 
efforts or adjusting its assistance to better meet needs.''\10\ 
Yet despite these troubling reports and statistics, S. 1301 
makes no provision for increased accountability within G/TIP or 
any other State Department program, allowing this lack of 
coordination and accountability to continue unchecked. Further, 
S. 1301 will likely only exacerbate this problem by expanding 
the role of regional bureaus of the State Department without 
providing appropriate safeguards to ensure these bureaus are 
keeping track of their funding and not duplicating efforts.
---------------------------------------------------------------------------
    \10\GAO Report: GAO-07-915, ``Human Trafficking: A Strategic 
Framework Could Help Enhance the Interagency Collaboration Needed to 
Effectively Combat Trafficking Crimes,'' Government Accountability 
Office, July 2007, available at http://www.gao.gov/new.items/
d07915.pdf. 
---------------------------------------------------------------------------
Mismanagement of domestic trafficking grants
    Funds allocated to fighting international human trafficking 
are not the only ones being mismanaged. Between April 2007 and 
March 2008, the DOJ Inspector General randomly audited seven 
trafficking grants awarded by the Justice Department and found 
``significant deficiencies'' with all of them.\11\ There are 
also performance problems with the task forces the Department 
of Justice funds around the country that coordinate state and 
local law enforcement and federal agencies' efforts to combat 
trafficking. Over a four-year period there were at least 45 
federally-funded task forces throughout the United States. Of 
the 42 task forces that reported one instance of human 
trafficking or more, 24 of those task forces did not provide 
individual-level information for at least one suspect or victim 
to the Department of Justice, indicating a failure of record-
keeping.\12\ As a result, these 24 task forces were designated 
``low data quality task forces'' by the Office of Justice 
Programs, and their records were excluded from statistical 
reports. Thus, these tasks forces were a waste of federal 
resources.
---------------------------------------------------------------------------
    \11\Glenn A. Fine, ``Top Management and Performance Challenges in 
the Department of Justice,'' Inspector General Memorandum, November 13, 
2008, available at http://www.justice.gov/oig/challenges/2008/
index.htm. However, in its testimony before the U.S. Senate Committee 
on the Judiciary on September 14, 2011, the Department of Justice 
asserted it had remedied the deficiencies in 6 of the 7 grants.
    \12\Office of Justice Programs Report NCJ233732, Duren Banks and 
Tracey Kychelhahn, ``Characteristics of Suspected Human Trafficking 
Incidents, 2008-2010,'' Bureau of Justice Statistics, Office of Justice 
Programs, U.S. Department of Justice, April 28, 2011, available at 
http://bjs.ojp.usdoj.gov/index.cfm?ty=pbdetail&iid=2372.
---------------------------------------------------------------------------
    S. 1301 takes some steps to alleviate these problems by 
including eleven accountability measures for grants awarded by 
the Department of Justice. However, these accountability 
provisions do not apply to the grants awarded by other 
departments and agencies. Since the authorizations for the 
Department of Justice in S. 1301 only account for twenty-five 
percent of the total authorizations, the vast majority of the 
funds are not affected by these provisions.
Other problematic provisions of the TVPRA 
    Several other problematic provisions of the TVPA remain 
unaddressed by S. 1301. First, there is evidence that the 
Department of Health and Human Services is promoting a pro-
abortion agenda through its anti-trafficking grant program. A 
recent announcement for 2011 grant requests under the National 
Human Trafficking Victim Assistance Program states: 
``preference will be given to grantees . . . that will offer 
all victims referral to medical providers who can provide or 
refer for provision of treatment for sexually transmitted 
infections, family planning services and the full range of 
legally permissible gynecological and obstetric care. . .''\13\ 
``Family planning services and the full range of legally 
permissible gynecological and obstetric care'' means the 
grantees must be willing to refer victims to medical providers 
who provide abortion services. Federal agencies should not be 
allowed to discriminate against programs that oppose abortion 
and refuse to offer referrals to abortion services, yet S. 1301 
takes no steps to forbid this discrimination.
---------------------------------------------------------------------------
    \13\U.S. Department of Health and Human Services, Administration 
for Children and Families website at http://www.acf.hhs.gov/grants/
open/foa/view/HHS-2011-ACF-ORR-ZV-0148.
---------------------------------------------------------------------------
    Another concern stems from the amount of anti-trafficking 
funding that is spent on ``public awareness'' programs rather 
than victims' services, prosecutions, or prevention. While 
these programs may be helpful in preventing future human 
trafficking, there is no streamlined public awareness model 
being implemented around the world, which leads to higher costs 
and uncertainty about its effectiveness. Of the 272 grants 
awarded by the State Department in 2010, totaling over $108.7 
million, more than one-third of them had at least a component 
for raising awareness of trafficking. There were 50 different 
grants, totaling $8.25 million, for public awareness in the 
United States alone.\14\ Although the Department of Justice's 
Office of Justice Programs limits its grantees' public 
awareness expenditures to 5% of the total grant, no other 
agency or program limits their grantees in this manner. Too 
much money is being spent on public awareness given the lack of 
demonstrable results proving this effort reduces human 
trafficking. These funds should instead be spent on victims' 
services and prosecutions of perpetrators of these crimes; once 
again, S. 1301 does nothing to address this concern.
---------------------------------------------------------------------------
    \14\Analysis of State Department's Spreadsheet of Trafficking 
Grants.
---------------------------------------------------------------------------
Conclusion
    While S. 1301 includes some improvements over previous TVPA 
reauthorizations, significant work remains. As mentioned 
previously, S. 1301 introduces an eleven-point accountability 
test for all Department of Justice anti-trafficking grantees; 
however, it fails to extend this test to any other agency's 
grantees. This accountability is particularly necessary for 
international grants under the Department of State, as their 
grants are especially prone to a lack of accountability.
    Further, S. 1301 reduces authorizations for anti-
trafficking programs to $130 million, which is $10 million 
below the amount appropriated in FY2010. While this reduction 
is admirable, it simply does not go far enough in light of the 
economic climate and our national debt. The federal government 
could spend far less on anti-trafficking programs, while 
simultaneously achieving greater success, simply by eliminating 
wasteful and duplicative programs. Finally, as the majority 
notes in its views, additional funding to combat human 
trafficking is being provided to these departments and agencies 
through other appropriations bills; thus, reducing 
authorizations in this bill will likely result in departments 
and agencies directing their energies to seeking additional 
funds from other sources rather than forcing them to better 
manage the funds they receive.
    Our national debt now exceeds $14 trillion; therefore, we 
must ensure that our tax dollars are responsibly spent even on 
the most important areas. Taxpayers expect us to work together 
to reduce wasteful and unnecessary spending and be more 
vigilant about how we spend public funds. Before we pass the 
Trafficking Victims Protection Reauthorization Act, Congress 
must ensure our resources are actually combating human 
trafficking and not being wasted or mismanaged. Unfortunately, 
the bill as currently written fails to address these issues. 
Absent significant amendments to correct the problems 
highlighted, the Senate should reject S. 1301 and work towards 
crafting a more effective and efficient Trafficking Victims 
Protection Act.

                                   Jon Kyl.
                                   Jeff Sessions.
                                   Michael S. Lee.
                                   Tom Coburn.

              MINORITY VIEWS FROM SENATORS CORNYN AND KYL

    Every year, an estimated 100,000 American juveniles are 
victimized through domestic child prostitution.\1\ In 
addressing the problem of human trafficking, the sex 
trafficking of children in the United States should be the 
government's first priority. S. 1301, however, contains 
inadequate funding, protections, and law enforcement tools to 
meet this challenge. The Cornyn/Kyl amendment (ALB 11813) would 
add the full text of the Domestic Minor Sex Trafficking 
Deterrence and Victims Support Act (S. 596) to S. 1301, taking 
a more comprehensive approach to fighting the evils of domestic 
sex trafficking through both victims' services and law 
enforcement tools. S. 1301 should not be passed by the Senate 
without including the language of ALB11813.
---------------------------------------------------------------------------
    \1\Shared Hope International. ``National Report on Domestic Minor 
Sex Trafficking''. p.4. 2009.
---------------------------------------------------------------------------
Enhanced and targeted grant programs to combat domestic minor sex 
        trafficking
    S. 1301 authorizes $8 million per year to be distributed 
through 4 block grants to state and local governments in order 
to combat the sex trafficking of minors in the United States. 
ALB11813 would authorize $14 million for six such block grants, 
and would require grantees to certify that these funds would 
only be allocated to serve interstate victims of sex 
trafficking. The enhanced and targeted grants under ALB11813 
would make greater strides in developing a best practices model 
for nationwide sex trafficking deterrence and would ensure that 
these funds are directed toward fulfilling the federal 
government's interstate role in protecting children in the 
United States from sex traffickers. Additionally, ALB11813 
would provide for greater grantee accountability by enacting a 
25% grantee match requirement in the first year of the grant. 
S. 1301 only requires a 15% grantee match during the same 
period.
Comprehensive law enforcement tools to deter domestic minor sex 
        trafficking
    Under S. 1301, block grants to state and local governments 
to combat the sex trafficking of minors could be used to 
provide: residential care, emergency social services, daily 
necessities, case management services, mental health 
counseling, legal services, and referral services for minor 
victims of sex trafficking, as well as specialized training for 
personnel likely to encounter sex trafficking victims and 
education programs to provide information about the prevention 
of sex trafficking. ALB11813 would add an enhanced law 
enforcement component to these authorized uses, including: 
specialized anti-trafficking training for law enforcement 
personnel, salaries for law enforcement personnel engaged in 
trafficking deterrence, investigation expenses for cases 
involving the sex trafficking of minors, and salaries for 
prosecutors in sex trafficking cases.
    ALB11813 would also grant administrative subpoena power to 
the U.S. Marshals Service for the sole purpose of investigating 
unregistered sex offenders. According to the Marshals Service, 
there are currently more than 100,000 unregistered sex 
offenders living in the United States.\2\ These sex offenders 
pose a high risk of engaging in illicit sexual conduct,\3\ and 
are often very difficult to track down--moving from place-to-
place and traveling under aliases in order to conceal their 
location and identity.\4\ Investigations of fugitive sex 
offenders therefore repeatedly involve a long and complicated 
paper trail. This very narrow provision would allow the U.S. 
Marshals service to investigate these offenders more 
effectively by quickly seizing items such as rent records and 
credit card accounts.
---------------------------------------------------------------------------
    \2\Hylton, Stacia. ``Statement of Stacia Hylton Before the House 
Judiciary Subcommittee on Crime, Terrorism, and Homeland Security:The 
Reauthorization of the Adam Walsh Act''. p.1. 15 FEB 2011.
    \3\Karl Hanson, Kelly Morton and Andrew Harris. ``Sexual Offender 
Recidivism Risk: What We Know and What We Need to Know. Annals of the 
New York Academy of Sciences, volume 989. pp. 154-166. 2003.
    \4\Wolf, Isaac. ``Many Sex Offenders Disappear''. Scripps Howard 
News Service. 7 NOV 2010.
---------------------------------------------------------------------------
    ALB11813 would also impose a 1-year federal mandatory 
minimum sentence for the possession of child pornography 
depicting a pre-pubescent minor younger than the age of 12. 
Additionally, it would increase the maximum federal sentence 
for the possession of such pornography from 10 to 20 years. 
Many of the children depicted in this form of pornography are 
actually victims of human trafficking,\5\ and criminals who 
possess this material pose a heightened risk to engage in 
sexual behavior with children.\6\ All too often, however, we 
have seen federal judges downward depart and hand out lenient 
sentences for this crime.\7\ This provision would send a strong 
message to child pornographers and traffickers, while providing 
law enforcement with a valuable tool to deter and punish 
behavior that directly aids and abets human trafficking.
---------------------------------------------------------------------------
    \5\Hughes, Donna. ``The Demand for Victims of Sex Trafficking.'' 
University of Rhode Island. p.26. 2005.
    \6\Michael Bourke and Andres Hernandez. ``The Butner Study' Redux: 
A Report on the Incidence of Hands-on Child Victimization by Child 
Pornography Offenders. Journal of Family Violence. Vol. 24, No. 3. pp. 
183-191. 2009.
    \7\United States Sentencing Commission. ``The History of the Child 
Pornography Guidelines''. p.11. 2009.
---------------------------------------------------------------------------
Protections for children who confront human traffickers in court
    ALB11813 would provide protections for child witnesses who 
choose to cooperate with law enforcement investigations by 
confronting their traffickers in a court of law. The amendment 
would add language to 18 U.S.C. 1514 requiring a federal court 
to issue a protective order prohibiting the harassment or 
intimidation of a minor victim or witness if the court finds 
evidence that the conduct at issue is reasonable likely to 
adversely affect the willingness of the minor victim or witness 
to testify or otherwise participate in the federal criminal 
case or investigation. ALB11813 would also provide penalties of 
up to 5 years in prison for the knowing and intentional 
violation of a child witness protective order. These provisions 
would provide strong protections for child witnesses where the 
attorney of a sex trafficker seeks to intimidate and discourage 
the testimony of that witness. Because child witnesses are 
often asked to testify against an alleged sex trafficker, this 
provision would help to ensure that these traffickers are 
punished to the full extent of the law.\8\
---------------------------------------------------------------------------
    \8\United Nations Office of Drugs and Crime. ``Toolkit to Combat 
Trafficking in Persons''. 258-260. 2008.
---------------------------------------------------------------------------
A bipartisan piece of legislation
    ALB11813 is substantially identical to both S. 2925 (111th 
Congress) and S. 596 (112th Congress). S. 2925 passed the 
Senate Judiciary Committee unanimously on August 5th, 2010, and 
proceeded to pass the full Senate by unanimous consent on 
December 9th, 2010. The bill was sponsored by Senator Wyden, 
and cosponsored by four members of the Judiciary Committee: 
Senators Cornyn, Durbin, Franken and Schumer. S. 596 was 
introduced on March 16, 2011 by Senator Wyden and co-sponsored 
by five members of the Judiciary Committee: Senators Cornyn, 
Kyl, Blumenthal, Klobuchar and Schumer.
Conclusion
    The interstate sex trafficking of children in the United 
States should be the top priority of the federal government in 
attempting to combat human trafficking. S. 1301, in its current 
form, contains insufficient law enforcement tools and resources 
to fulfill this responsibility. Though ALB 11813 is not, 
itself, sufficient to remedy the evils of domestic minor sex 
trafficking, it is a substantial step in the right direction. 
The Senate should not pass S. 1301 without, at the very least, 
including the language of ALB11813.

                                   John Cornyn.
                                   Jon Kyl.
      VIII. Changes to Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 1301, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                           UNITED STATES CODE

TITLE 8--ALIENS AND NATIONALITY

           *       *       *       *       *       *       *

CHAPTER 12--IMMIGRATION AND NATIONALITY 

           *       *       *       *       *       *       *

SEC. 1101. DEFINITIONS.

    (a) As used in this chapter.--

           *       *       *       *       *       *       *

          (15) The term ``immigrant'' means every alien except 
        an alien who is within one of the following classes of 
        nonimmigrant aliens--

           *       *       *       *       *       *       *

                  (T)(i) subject to section 1184(o) of this 
                title, an alien who the Secretary of Homeland 
                Security, or in the case of subclause (III)(aa) 
                the Secretary of Homeland Security, in 
                consultation with the Attorney General, 
                determines--
                          (I) is or has been a victim of a 
                        severe form of trafficking in persons, 
                        as defined in section 7102 of Title 22;
                          (II) is physically present in the 
                        United States, American Samoa, or the 
                        Commonwealth of the Northern Mariana 
                        Islands, or at a port of entry thereto, 
                        on account of such trafficking, 
                        including physical presence on account 
                        of the alien having been allowed entry 
                        into the United States for 
                        participation in investigative or 
                        judicial processes associated with an 
                        act or a perpetrator of trafficking;
                          (III)(aa) has complied with any 
                        reasonable request for assistance in 
                        the Federal, State, or local 
                        investigation or prosecution of acts of 
                        trafficking or the investigation of 
                        crime where acts of trafficking are at 
                        least one central reason for the 
                        commission of that crime;
                          (bb) in consultation with the 
                        Attorney General, as appropriate, is 
                        unable to cooperate with a request 
                        described in item (aa) due to physical 
                        or psychological trauma; or
                          (cc) has not attained 18 years of 
                        age; and
                          (IV) the alien would suffer extreme 
                        hardship involving unusual and severe 
                        harm upon removal; and
                  (ii) if accompanying, or following to join, 
                the alien described in clause (i)--
                          (I) in the case of an alien described 
                        in clause (i) who is under 21 years of 
                        age, the spouse, children, unmarried 
                        siblings under 18 years of age on the 
                        date on which such alien applied for 
                        status under such clause, and parents 
                        of such alien;
                          (II) in the case of an alien 
                        described in clause (i) who is 21 years 
                        of age or older, the spouse and 
                        children of such alien; or
                          (III) any parent or unmarried sibling 
                        under 18 years of age, or any adult or 
                        minor children of a derivative 
                        beneficiary of the alien, as of an 
                        alien described in subclause (I) or 
                        (II) who the Secretary of Homeland 
                        Security, in consultation with the law 
                        enforcement officer investigating a 
                        severe form of trafficking, determines 
                        faces a present danger of retaliation 
                        as a result of the alien's escape from 
                        the severe form of trafficking or 
                        cooperation with law enforcement.
                  (iii) Repealed. Pub. L. 110-457, Title II, 
                Sec. 201(a)(3), Dec. 23, 2008, 122 Stat. 5053
                  (U)(i) subject to section 1184(p) of this 
                title, an alien who files a petition for status 
                under this subparagraph, if the Secretary of 
                Homeland Security determines that--
                          (I) the alien has suffered 
                        substantial physical or mental abuse as 
                        a result of having been a victim of 
                        criminal activity described in clause 
                        (iii);
                          (II) the alien (or in the case of an 
                        alien child under the age of 16, the 
                        parent, guardian, or next friend of the 
                        alien) possesses information concerning 
                        criminal activity described in clause 
                        (iii);
                          (III) the alien (or in the case of an 
                        alien child under the age of 16, the 
                        parent, guardian, or next friend of the 
                        alien) has been helpful, is being 
                        helpful, or is likely to be helpful to 
                        a Federal, State, or local law 
                        enforcement official, to a Federal, 
                        State, or local prosecutor, to a 
                        Federal or State judge, to the Service, 
                        or to other Federal, State, or local 
                        authorities investigating or 
                        prosecuting criminal activity described 
                        in clause (iii); and
                          (IV) the criminal activity described 
                        in clause (iii) violated the laws of 
                        the United States or occurred in the 
                        United States (including in Indian 
                        country and military installations) or 
                        the territories and possessions of the 
                        United States;
                  (ii) if accompanying, or following to join, 
                the alien described in clause (i)--
                          (I) in the case of an alien described 
                        in clause (i) who is under 21 years of 
                        age, the spouse, children, unmarried 
                        siblings under 18 years of age on the 
                        date on which such alien applied for 
                        status under such clause, and parents 
                        of such alien; or
                          (II) in the case of an alien 
                        described in clause (i) who is 21 years 
                        of age or older, the spouse and 
                        children of such alien; and
                  (iii) the criminal activity referred to in 
                this clause is that involving one or more of 
                the following or any similar activity in 
                violation of Federal, State, or local criminal 
                law: rape; torture; trafficking; incest; 
                domestic violence; sexual assault; abusive 
                sexual contact; prostitution; sexual 
                exploitation; female genital mutilation; being 
                held hostage; peonage; involuntary servitude; 
                slave trade; kidnapping; abduction; unlawful 
                criminal restraint; false imprisonment; 
                blackmail; extortion; manslaughter; murder; 
                felonious assault; witness tampering; 
                obstruction of justice; perjury; fraud in 
                foreign labor contracting (as defined in 
                section 1351 of title 18, United States Code); 
                or attempt, conspiracy, or solicitation to 
                commit any of the above mentioned crimes; or

           *       *       *       *       *       *       *

SEC. 1232. ENHANCING EFFORTS TO COMBAT THE TRAFFICKING OF CHILDREN.

           *       *       *       *       *       *       *

    (c) Providing Safe and Secure Placements for Children.--
          (1) Policies and programs.--The Secretary of Health 
        and Human Services, Secretary of Homeland Security, 
        Attorney General, and Secretary of State shall 
        establish policies and programs to ensure that 
        unaccompanied alien children in the United States are 
        protected from traffickers and other persons seeking to 
        victimize or otherwise engage such children in 
        criminal, harmful, or exploitative activity, including 
        policies and programs reflecting best practices in 
        witness security programs.
          (2) Safe and secure placements.--
                  [Subject to] (A) Minors in department of 
                health and human services custody.--Subject to 
                section 279(b)(2) of Title 6, an unaccompanied 
                alien child in the custody of the Secretary of 
                Health and Human Services shall be promptly 
                placed in the least restrictive setting that is 
                in the best interest of the child. In making 
                such placements, the Secretary may consider 
                danger to self, danger to the community, and 
                risk of flight. Placement of child trafficking 
                victims may include placement in an 
                Unaccompanied Refugee Minor program, pursuant 
                to section 412(d) of the Immigration and 
                Nationality Act (8 U.S.C. Sec. 1522(d)), if a 
                suitable family member is not available to 
                provide care. A child shall not be placed in a 
                secure facility absent a determination that the 
                child poses a danger to self or others or has 
                been charged with having committed a criminal 
                offense. The placement of a child in a secure 
                facility shall be reviewed, at a minimum, on a 
                monthly basis, in accordance with procedures 
                prescribed by the Secretary, to determine if 
                such placement remains warranted.
                  (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.
          (3) Safety and suitability assessments.--
                  (A) In general.--Subject to the requirements 
                of subparagraph (B), an unaccompanied alien 
                child may not be placed with a person or entity 
                unless the Secretary of Health and Human 
                Services makes a determination that the 
                proposed custodian is capable of providing for 
                the child's physical and mental well-being. 
                Such determination shall, at a minimum, include 
                verification of the custodian's identity and 
                relationship to the child, if any, as well as 
                an independent finding that the individual has 
                not engaged in any activity that would indicate 
                a potential risk to the child.
                  (B) Home studies.--Before placing the child 
                with an individual, the Secretary of Health and 
                Human Services shall determine whether a home 
                study is first necessary. A home study shall be 
                conducted for a child who is a victim of a 
                severe form of trafficking in persons, a 
                special needs child with a disability (as 
                defined in section 12102(2) of Title 42), a 
                child who has been a victim of physical or 
                sexual abuse under circumstances that indicate 
                that the child's health or welfare has been 
                significantly harmed or threatened, or a child 
                whose proposed sponsor clearly presents a risk 
                of abuse, maltreatment, exploitation, or 
                trafficking to the child based on all available 
                objective evidence. The Secretary of Health and 
                Human Services shall conduct follow-up 
                services, during the pendency of removal 
                proceedings, on children for whom a home study 
                was conducted and is authorized to conduct 
                follow-up services in cases involving children 
                with mental health or other needs who could 
                benefit from ongoing assistance from a social 
                welfare agency.
                  (C) Access to information.--Not later than 2 
                weeks after receiving a request from the 
                Secretary of Health and Human Services, the 
                Secretary of Homeland Security shall provide 
                information necessary to conduct suitability 
                assessments from appropriate Federal, State, 
                and local law enforcement and immigration 
                databases.
          (4) Legal orientation presentations.--The Secretary 
        of Health and Human Services shall cooperate with the 
        Executive Office for Immigration Review to ensure that 
        custodians receive legal orientation presentations 
        provided through the Legal Orientation Program 
        administered by the Executive Office for Immigration 
        Review. At a minimum, such presentations shall address 
        the custodian's responsibility to attempt to ensure the 
        child's appearance at all immigration proceedings and 
        to protect the child from mistreatment, exploitation, 
        and trafficking.
          (5) Access to counsel.--The Secretary of Health and 
        Human Services shall ensure, to the greatest extent 
        practicable and consistent with section 292 of the 
        Immigration and Nationality Act (8 U.S.C. 1362), that 
        all unaccompanied alien children who are or have been 
        in the custody of the Secretary or the Secretary of 
        Homeland Security, and who are not described in 
        subsection (a)(2)(A), have counsel to represent them in 
        legal proceedings or matters and protect them from 
        mistreatment, exploitation, and trafficking. To the 
        greatest extent practicable, the Secretary of Health 
        and Human Services shall make every effort to utilize 
        the services of pro bono counsel who agree to provide 
        representation to such children without charge.
          (6) Child advocates.--
                  [The Secretary] (A) In general._The Secretary 
                of Health and Human Services is authorized to 
                appoint independent child advocates for child 
                trafficking victims and other vulnerable 
                unaccompanied alien children. A child advocate 
                shall be provided access to materials necessary 
                to effectively advocate for the best interest 
                of the child. The child advocate shall not be 
                compelled to testify or provide evidence in any 
                proceeding concerning any information or 
                opinion received from the child in the course 
                of serving as a child advocate. The child 
                advocate shall be presumed to be acting in good 
                faith and be immune from civil [and criminal] 
                liability for lawful conduct of duties as 
                described in this provision.
                  (B) Appointment of child advocates.--
                          (i) Initial sites.--Not later than 2 
                        years after the date of the enactment 
                        of the Trafficking Victims Protection 
                        Reauthorization Act of 2011, 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) Additional sites.--Not later 
                        than 3 years after the date of the 
                        enactment of the Trafficking Victims 
                        Protection Reauthorization Act of 2011, 
                        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 Trafficking Victims Protection 
                Reauthorization Act of 2011, and annually 
                thereafter, the Secretary of Health and Human 
                Services shall submit a report describing the 
                activities undertaken by the Secretary to 
                authorize the appointment of independent Child 
                Advocates for trafficking victims and 
                vulnerable unaccompanied alien children to the 
                Committee on the Judiciary of the Senate and 
                the Committee on the Judiciary of the House of 
                Representatives.
                  (E) Assessment of child advocate program.--
                          (i) In general.--As soon as 
                        practicable after the date of the 
                        enactment of the Trafficking Victims 
                        Protection Reauthorization Act of 2011, 
                        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) Matters to be studied.--In the 
                        study required under clause (i), the 
                        Comptroller General shall--
                                  (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) 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 2012 and 2013; and
                          (ii) $2,000,000 for each of the 
                        fiscal years 2014 and 2015.
    (d) Permanent Protection for Certain At-Risk Children.--
          (1) Omitted
          (2) Expeditious adjudication.--All applications for 
        special immigrant status under section 101(a)(27)(J) of 
        the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(27)(J)) shall be adjudicated by the Secretary 
        of Homeland Security not later than 180 days after the 
        date on which the application is filed.
          (3) Omitted
          (4) Eligibility for assistance.--
                  (A) In general.--A child who has been granted 
                special immigrant status under section 
                101(a)(27)(J) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(27)(J)) and 
                who was [either] in the custody of the 
                Secretary of Health and Human Services at the 
                time a dependency order was granted for such 
                child [or who], was receiving services pursuant 
                to section 501(a) of the Refugee Education 
                Assistance Act of 1980 (8 U.S.C. 1522 note) at 
                the time such dependency order was granted, 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)), 
                shall be eligible for placement and services 
                under section 412(d) of the Immigration and 
                Nationality Act (8 U.S.C. 1522(d)) until the 
                earlier of--
                          (i) the date on which the child 
                        reaches the age designated in section 
                        412(d)(2)(B) of the Immigration and 
                        Nationality Act (8 U.S.C. 
                        1522(d)(2)(B)); or
                          (ii) the date on which the child is 
                        placed in a permanent adoptive home.
                  (B) State reimbursement.--Subject to the 
                availability of appropriations, if State foster 
                care funds are expended on behalf of a child 
                who is not described in subparagraph (A) and 
                has been granted special immigrant status under 
                section 101(a)(27)(J) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(27)(J)), or 
                status under section 101(a)(15)(U) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(15)(U)), the Federal Government shall 
                reimburse the State in which the child resides 
                for such expenditures by the State.
          (5) State courts acting in loco parentis.--A 
        department or agency of a State, or an individual or 
        entity appointed by a State court or juvenile court 
        located in the United States, acting in loco parentis, 
        shall not be considered a legal guardian for purposes 
        of this section or section 279 of Title 6.
          (6) Transition rule.--Notwithstanding any other 
        provision of law, an alien described in section 
        101(a)(27)(J) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(27)(J)), as amended by paragraph (1), 
        may not be denied special immigrant status under such 
        section after December 23, 2008 based on age if the 
        alien was a child on the date on which the alien 
        applied for such status.
          (7) Omitted
          (8) Specialized needs of unaccompanied alien 
        children.--Applications for asylum and other forms of 
        relief from removal in which an unaccompanied alien 
        child is the principal applicant shall be governed by 
        regulations which take into account the specialized 
        needs of unaccompanied alien children and which address 
        both procedural and substantive aspects of handling 
        unaccompanied alien children's cases.

           *       *       *       *       *       *       *

SEC. 1375B. PROTECTIONS FOR DOMESTIC WORKERS AND OTHER NONIMMIGRANTS.

    (a) Information Pamphlet and Video for Consular Waiting 
Rooms.--
          (1) Development and distribution.--The Secretary of 
        State, in consultation with the Secretary of Homeland 
        Security, the Attorney General, and the Secretary of 
        Labor, shall develop an information pamphlet and video 
        on legal rights and resources for aliens applying for 
        employment- or education-based nonimmigrant visas. The 
        video shall be distributed and shown in consular 
        waiting rooms in embassies and consulates determined to 
        have the greatest concentration of employment or 
        education-based non-immigrant visa applicants, and 
        where sufficient video facilities exist in waiting or 
        other rooms where applicants wait or convene. The 
        Secretary of State is authorized to augment video 
        facilities in such consulates or embassies in order to 
        fulfill the purposes of this section.
          (2) Consultation.--In developing the information 
        pamphlet under paragraph (1), the Secretary of State 
        shall consult with nongovernmental organizations with 
        expertise on the legal rights of workers and victims of 
        severe forms of trafficking in persons.
    (b) Contents.--The information pamphlet and video developed 
under subsection (a) shall include information concerning items 
such as--
          (1) the nonimmigrant visa application processes, 
        including information about the portability of 
        employment;
          (2) the legal rights of employment or education-based 
        nonimmigrant visa holders under Federal immigration, 
        labor, and employment law;
          (3) the illegality of slavery, peonage, trafficking 
        in persons, sexual assault, extortion, blackmail, and 
        worker exploitation in the United States;
          (4) the legal rights of immigrant victims of 
        trafficking in persons and worker exploitation, 
        including--
                  (A) the right of access to immigrant and 
                labor rights groups;
                  (B) the right to seek redress in United 
                States courts;
                  (C) the right to report abuse without 
                retaliation;
                  (D) the right of the nonimmigrant to 
                relinquish possession of his or her passport to 
                his or her employer;
                  (E) the requirement of an employment contract 
                between the employer and the nonimmigrant; and
                  (F) an explanation of the rights and 
                protections included in the contract described 
                in subparagraph (E); and
          (5) information about nongovernmental organizations 
        that provide services for victims of trafficking in 
        persons and worker exploitation, including--
                  (A) anti-trafficking in persons telephone 
                hotlines operated by the Federal Government;
                  (B) the Operation Rescue and Restore hotline; 
                and
                  (C) a general description of the types of 
                victims services available for individuals 
                subject to trafficking in persons or worker 
                exploitation.
    (c) Translation.--
          (1) In general.--To best serve the language groups 
        having the greatest concentration of employment-based 
        nonimmigrant visas, the Secretary of State shall 
        translate the information pamphlet and produce or dub 
        the video developed under subsection (a) into all 
        relevant foreign languages, to be determined by the 
        Secretary based on the languages spoken by the greatest 
        concentrations of employment- or education-based 
        nonimmigrant visa applicants.
          (2) Revision.--Every 2 years, the Secretary of State, 
        in consultation with the Attorney General and the 
        Secretary of Homeland Security, shall determine the 
        specific languages into which the information pamphlet 
        will be translated and the video produced or dubbed 
        based on the languages spoken by the greatest 
        concentrations of employment- or education-based 
        nonimmigrant visa applicants.
    (d) Availability and Distribution.--
          (1) Posting on federal websites.--The information 
        pamphlet and video developed under subsection (a) shall 
        be posted on the websites of the Department of State, 
        the Department of Homeland Security, the Department of 
        Justice, the Department of Labor, and all United States 
        consular posts processing applications for employment- 
        or education-based nonimmigrant visas.
          (2) Other distribution.--The information pamphlet and 
        video developed under subsection (a) shall be made 
        available to any--
                  (A) government agency;
                  (B) nongovernmental advocacy organization; or
                  (C) foreign labor broker doing business in 
                the United States.
          (3) Deadline for pamphlet development and 
        distribution.--Not later than 180 days after December 
        23, 2008, the Secretary of State shall distribute and 
        make available the information pamphlet developed under 
        subsection (a) in all the languages referred to in 
        subsection (c).
          (4) Deadline for video development and 
        distribution.--Not later than 1 year after the date of 
        the enactment of the Trafficking Victims Protection 
        Reauthorization Act of 2011, the Secretary of State 
        shall make available the video developed under 
        subsection (a) produced or dubbed in all the languages 
        referred to in subsection (c).

           *       *       *       *       *       *       *

TITLE 18--CRIMES AND CRIMINAL PROCEDURE

           *       *       *       *       *       *       *

PART I--CRIMES

           *       *       *       *       *       *       *

CHAPTER 77--PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS

           *       *       *       *       *       *       *

                           TABLE OF CONTENTS.

Sec. 1581. Peonage; obstructing enforcement
Sec. 1582. Vessels for slave trade
Sec. 1583. Enticement into slavery
Sec. 1584. Sale into involuntary servitude
Sec. 1585. Seizure, detention, transportation or sale of slaves
Sec. 1586. Service on vessels in slave trade
Sec. 1587. Possession of slaves aboard a vessel
Sec. 1588. Transportation of slaves from United States
Sec. 1589. Forced labor
Sec. 1590. Trafficking with respect to peonage, slavery, involuntary 
          servitude, or forced labor
Sec. 1591. Sex trafficking of children or by force, fraud, or coercion
Sec. 1592. Unlawful conduct with respect to documents in furtherance of 
          trafficking, peonage, slavery, involuntary servitude, or 
          forced labor
Sec. 1593. Mandatory restitution
Sec. 1593A. Benefitting financially from peonage, slavery and 
          trafficking in persons
Sec. 1594. General provisions
Sec. 1595. Civil remedy
Sec. 1596. Additional jurisdiction in certain trafficking offenses
Sec. 1597. Unlawful conduct with respect to immigration documents.
     * * * * * * *

SEC. 1597. UNLAWFUL CONDUCT WITH RESPECT TO IMMIGRATION DOCUMENTS.

    (a) Destruction, Concealment, Removal, Confiscation, or 
Possession of Immigration Documents.--It shall be unlawful for 
any person to knowingly destroy, conceal, remove, confiscate, 
or possess, an actual or purported passport or other 
immigration document of another individual--
          (1) in the course of violating section 1351 of this 
        title or section 274 of the Immigration and Nationality 
        Act (8 U.S.C. 1324);
          (2) with intent to violate section 1351 of this title 
        or section 274 of the Immigration and Nationality Act 
        (8 U.S.C. 1324); or
          (3) in order to, without lawful authority, maintain, 
        prevent, or restrict the labor of services of the 
        individual.
    (b) Penalty.--Any person who violates subsection (a) shall 
be fined under this title, imprisoned for not more than 1 year, 
or both.
    (c) Obstruction.--Any person who knowingly obstructs, 
attempts to obstruct, or in any way interferes with or prevents 
the enforcement of this section, shall be subject to the 
penalties described in subsection (b).

           *       *       *       *       *       *       *

CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

           *       *       *       *       *       *       *

SEC. 1961. DEFINITIONS.

    As used in this chapter--
          (1) ``racketeering activity'' means--
                  (A) any act or threat involving murder, 
                kidnapping, gambling, arson, robbery, bribery, 
                extortion, dealing in obscene matter, or 
                dealing in a controlled substance or listed 
                chemical (as defined in section 102 of the 
                Controlled Substances Act), which is chargeable 
                under State law and punishable by imprisonment 
                for more than one year;
                  (B) any act which is indictable under any of 
                the following provisions of title 18, United 
                States Code: Section 201 (relating to bribery), 
                section 224 (relating to sports bribery), 
                sections 471, 472, and 473 (relating to 
                counterfeiting), section 659 (relating to theft 
                from interstate shipment) if the act indictable 
                under section 659 is felonious, section 664 
                (relating to embezzlement from pension and 
                welfare funds), sections 891-894 (relating to 
                extortionate credit transactions), section 1028 
                (relating to fraud and related activity in 
                connection with identification documents), 
                section 1029 (relating to fraud and related 
                activity in connection with access devices), 
                section 1084 (relating to the transmission of 
                gambling information), section 1341 (relating 
                to mail fraud), section 1343 (relating to wire 
                fraud), section 1344 (relating to financial 
                institution fraud), section 1351 (relating to 
                fraud in foreign labor contracting), section 
                1425 (relating to the procurement of 
                citizenship or nationalization unlawfully), 
                section 1426 (relating to the reproduction of 
                naturalization or citizenship papers), section 
                1427 (relating to the sale of naturalization or 
                citizenship papers), sections 1461-1465 
                (relating to obscene matter), section 1503 
                (relating to obstruction of justice), section 
                1510 (relating to obstruction of criminal 
                investigations), section 1511 (relating to the 
                obstruction of State or local law enforcement), 
                section 1512 (relating to tampering with a 
                witness, victim, or an informant), section 1513 
                (relating to retaliating against a witness, 
                victim, or an informant), section 1542 
                (relating to false statement in application and 
                use of passport), section 1543 (relating to 
                forgery or false use of passport), section 1544 
                (relating to misuse of passport), section 1546 
                (relating to fraud and misuse of visas, 
                permits, and other documents), sections 1581-
                1592 (relating to peonage, slavery, and 
                trafficking in persons), section 1951 (relating 
                to interference with commerce, robbery, or 
                extortion), section 1952 (relating to 
                racketeering), section 1953 (relating to 
                interstate transportation of wagering 
                paraphernalia), section 1954 (relating to 
                unlawful welfare fund payments), section 1955 
                (relating to the prohibition of illegal 
                gambling businesses), section 1956 (relating to 
                the laundering of monetary instruments), 
                section 1957 (relating to engaging in monetary 
                transactions in property derived from specified 
                unlawful activity), section 1958 (relating to 
                use of interstate commerce facilities in the 
                commission of murder-for-hire), section 1960 
                (relating to illegal money transmitters), 
                sections 2251, 2251A, 2252, and 2260 (relating 
                to sexual exploitation of children), sections 
                2312 and 2313 (relating to interstate 
                transportation of stolen motor vehicles), 
                sections 2314 and 2315 (relating to interstate 
                transportation of stolen property), section 
                2318 (relating to trafficking in counterfeit 
                labels for phonorecords, computer programs or 
                computer program documentation or packaging and 
                copies of motion pictures or other audiovisual 
                works), section 2319 (relating to criminal 
                infringement of a copyright), section 2319A 
                (relating to unauthorized fixation of and 
                trafficking in sound recordings and music 
                videos of live musical performances), section 
                2320 (relating to trafficking in goods or 
                services bearing counterfeit marks), section 
                2321 (relating to trafficking in certain motor 
                vehicles or motor vehicle parts), sections 
                2341-2346 (relating to trafficking in 
                contraband cigarettes), sections 2421-24 
                (relating to white slave traffic), sections 
                175-178 (relating to biological weapons), 
                sections 229-229F (relating to chemical 
                weapons), section 831 (relating to nuclear 
                materials),
                  (C) any act which is indictable under title 
                29, United States Code, section 186 (dealing 
                with restrictions on payments and loans to 
                labor organizations) or section 501(c) 
                (relating to embezzlement from union funds),
                  (D) any offense involving fraud connected 
                with a case under title 11 (except a case under 
                section 157 of this title), fraud in the sale 
                of securities, or the felonious manufacture, 
                importation, receiving, concealment, buying, 
                selling, or otherwise dealing in a controlled 
                substance or listed chemical (as defined in 
                section 102 of the Controlled Substances Act), 
                punishable under any law of the United States, 
                (E) any act which is indictable under the 
                Currency and Foreign Transactions Reporting 
                Act, (F) any act which is indictable under the 
                Immigration and Nationality Act, section 274 
                (relating to bringing in and harboring certain 
                aliens), section 277 (relating to aiding or 
                assisting certain aliens to enter the United 
                States), or section 278 (relating to 
                importation of alien for immoral purpose) if 
                the act indictable under such section of such 
                Act was committed for the purpose of financial 
                gain, or (G) any act that is indictable under 
                any provision listed in section 2332b(g)(5)(B);

           *       *       *       *       *       *       *

CHAPTER 110--SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

           *       *       *       *       *       *       *

SEC. 2255. CIVIL REMEDY FOR PERSONAL INJURIES.

    (a) In General.--Any person who, while a minor, was a 
victim of a violation of [section 2241(c)] section 1589, 1590, 
1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 
2421, 2422, or 2423 of this title and who suffers personal 
injury as a result of such violation, regardless of whether the 
injury occurred while such person was a minor, may sue in any 
appropriate United States District Court and shall recover the 
actual damages such person sustains and the cost of the suit, 
including a reasonable attorney's fee. Any person as described 
in the preceding sentence shall be deemed to have sustained 
damages of no less than $150,000 in value.
    (b) Statute of Limitations.--Any action commenced under 
this section shall be barred unless the complaint is filed 
within [six years] 10 years after the right of action first 
accrues or in the case of a person under a legal disability, 
not later than three years after the disability.

           *       *       *       *       *       *       *

 CHAPTER 117--TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITIES AND RELATED 
CRIMES

           *       *       *       *       *       *       *

SEC. 2423. TRANSPORTATION OF MINORS.

    (a) Transportation With Intent To Engage in Criminal Sexual 
Activity.--A person who knowingly transports an individual who 
has not attained the age of 18 years in interstate or foreign 
commerce, or in any commonwealth, territory or possession of 
the United States, with intent that the individual engage in 
prostitution, or in any sexual activity for which any person 
can be charged with a criminal offense, shall be fined under 
this title and imprisoned not less than 10 years or for life.
    (b) Travel With Intent To Engage in Illicit Sexual 
Conduct.--A person who travels in interstate commerce or 
travels into the United States, or a United States citizen or 
an alien admitted for permanent residence in the United States 
who travels in foreign commerce, for the purpose of engaging in 
any illicit sexual conduct with another person shall be fined 
under this title or imprisoned not more than 30 years, or both.
    (c) Engaging in Illicit Sexual Conduct in Foreign Places.--
Any United States citizen or alien admitted for permanent 
residence who travels in foreign commerce or resides, either 
temporarily or permanently, in a foreign country, and engages 
in any illicit sexual conduct with another person shall be 
fined under this title or imprisoned not more than 30 years, or 
both.
    (d) Ancillary Offenses.--Whoever, for the purpose of 
commercial advantage or private financial gain, arranges, 
induces, procures, or facilitates the travel of a person 
knowing that such a person is traveling in interstate commerce 
or foreign commerce for the purpose of engaging in illicit 
sexual conduct shall be fined under this title, imprisoned not 
more than 30 years, or both.
    (e) Attempt and Conspiracy.--Whoever attempts or conspires 
to violate subsection (a), (b), (c), or (d) shall be punishable 
in the same manner as a completed violation of that subsection.
    (f) Definition.--As used in this section, the term 
``illicit sexual conduct'' means (1) a sexual act (as defined 
in section 2246) with a person under 18 years of age that would 
be in violation of chapter 109A if the sexual act occurred in 
the special maritime and territorial jurisdiction of the United 
States; or (2) any commercial sex act (as defined in section 
1591) with a person under 18 years of age.
    (g) Defense.--In a prosecution under this section based on 
illicit sexual conduct as defined in subsection (f)(2), it is a 
defense, which the defendant must establish by a preponderance 
of the evidence, that the defendant reasonably believed that 
the person with whom the defendant engaged in the commercial 
sex act had attained the age of 18 years.

           *       *       *       *       *       *       *

TITLE 22--FOREIGN RELATIONS AND INTERCOURSE

           *       *       *       *       *       *       *

CHAPTER 32--FOREIGN ASSISTANCE

           *       *       *       *       *       *       *

SEC. 2151N. HUMAN RIGHTS AND DEVELOPMENT ASSISTANCE.

           *       *       *       *       *       *       *

    (g) Child Marriage Status.--
          (1) In general.--The report required under subsection 
        (d) shall include, for each country in which child 
        marriage is prevalent, a description of the status of 
        the practice of child marriage in such country.
          (2) Defined term.--In this subsection, the term 
        ``child marriage'' means the marriage of a girl or boy 
        who is--
                  (A) younger than the minimum age for marriage 
                under the laws of the country in which such 
                girl or boy is a resident; or
                  (B) younger than 18 years of age, if no such 
                law exists.

           *       *       *       *       *       *       *

SEC. 2304. HUMAN RIGHTS AND SECURITY ASSISTANCE.

           *       *       *       *       *       *       *

    (i) Child Marriage Status.--
          (1) In general.--The report required under subsection 
        (b) shall include, for each country in which child 
        marriage is prevalent, a description of the status of 
        the practice of child marriage in such country.
          (2) Defined term.--In this subsection, the term 
        `child marriage' means the marriage of a girl or boy 
        who is--
                  (A) younger than the minimum age for marriage 
                under the laws of the country in which such 
                girl or boy is a resident; or
                  (B) younger than 18 years of age, if no such 
                law exists.

           *       *       *       *       *       *       *

SEC. 2370C-1. PROHIBITION.

    (a) In General.--Subject to subsections [(b), (c), and (d), 
the authorities contained in section 2321j or 2347] (b) through 
(f), the authorities contained in section 2321j, 2347 and 2348 
of this title or section 2763 of this title may not be used to 
provide assistance to, and no licenses for direct commercial 
sales of military equipment may be issued to, the government of 
a country that is clearly identified, pursuant to subsection 
(b), for the most recent year preceding the fiscal year in 
which the authorities or license would have been used or issued 
in the absence of a violation of sections 2370c to 2370c-2 of 
this title, as having governmental armed forces or government-
supported armed groups, including paramilitaries, militias, or 
civil defense forces, that recruit and use child soldiers.
    (b) Identification and Notification to Countries in 
Violation of Standards.--
          (1) Publication of list of foreign governments.--The 
        Secretary of State shall include a list of the foreign 
        governments that have violated the standards under 
        sections 2370c to 2370c-2 of this title and are subject 
        to the prohibition in subsection (a) in the report 
        required under section 7107(b) of this title.
          (2) Notification of foreign countries.--The Secretary 
        of State shall formally notify any government 
        identified pursuant to subsection (a).
    (c) National Interest Waiver.--
          (1) Waiver.--The President may waive the application 
        to a country of the prohibition in subsection (a) if 
        the President determines that such waiver is in the 
        national interest of the United States.
          (2) Publication and notification.--Not later than 45 
        days after each waiver is granted under paragraph (1), 
        the President shall notify the appropriate 
        congressional committees of the waiver and the 
        justification for granting such waiver.
    (d) Reinstatement of Assistance.--The President may provide 
to a country assistance otherwise prohibited under subsection 
(a) upon certifying to the appropriate congressional committees 
that the government of such country--
          (1) has implemented measures that include an action 
        plan and actual steps to come into compliance with the 
        standards outlined in subsection (b); and
          (2) has implemented policies and mechanisms to 
        prohibit and prevent future government or government-
        supported use of child soldiers and to ensure that no 
        children are recruited, conscripted, or otherwise 
        compelled to serve as child soldiers.
    (e) Exception for Programs Directly Related To Addressing 
the Problem of Child Soldiers or Professionalization of the 
Military.--
          (1) In general.--The President may provide assistance 
        to a country for international military education, 
        training, and nonlethal supplies (as defined in section 
        2557(d)(1)(B) of Title 10) otherwise prohibited under 
        subsection (a) upon certifying to the appropriate 
        congressional committees that--
                  (A) the government of such country is taking 
                reasonable steps to implement effective 
                measures to demobilize child soldiers in its 
                forces or in government-supported 
                paramilitaries and is taking reasonable steps 
                within the context of its national resources to 
                provide demobilization, rehabilitation, and 
                reintegration assistance to those former child 
                soldiers; and
                  (B) the assistance provided by the United 
                States Government to the government of such 
                country will go to programs that will directly 
                support professionalization of the military.
          (2) Limitation.--The exception under paragraph (1) 
        may not remain in effect for a country for more than 5 
        years.
    (f) Exception for Peacekeeping Operations._The limitation 
set forth in subsection (a) that relates to section 551 of the 
Foreign Assistance Act of 1961 shall not apply to programs that 
support military professionalization, security sector reform, 
heightened respect for human rights, peacekeeping preparation, 
or the demobilization and reintegration of child soldiers.

           *       *       *       *       *       *       *

CHAPTER 78--TRAFFICKING VICTIMS PROTECTION ACT

           *       *       *       *       *       *       *

SEC. 7101. PURPOSES AND FINDINGS.

                     Historical and Statutory Notes

    Pub.L. 110-457, Title II, Sec. 225, Dec. 23, 2008, 122 
Stat. 5072, provided that:
    (a) Relationship Among Federal and State Law.--Nothing in 
this Act [William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008, Pub.L. 110-457, Dec. 23, 2008, 122 
Stat. 5044; see Tables for complete classification], the 
Trafficking Victims Protection Act of 2000 [Pub.L. 106-386, 
Div. A, Sec. Sec. 101 to 113, Oct. 28, 2000, 114 Stat. 1466, 
which principally enacted chapter 78 of this title, 22 U.S.C.A. 
Sec. 7101 et seq.; see Tables for complete classification], the 
Trafficking Victims Protection Reauthorization Act of 2003 
[Pub.L. 108-193, Dec. 19, 2003, 117 Stat. 2875, enacting 18 
U.S.C.A. Sec. 1595, and 22 U.S.C.A. Sec. 7109a, amending 8 
U.S.C.A. Sec. Sec. 1101, 1182, 1184, and 1255, 18 U.S.C.A. 
1591, and 1961, 22 U.S.C.A. Sec. Sec. 2152d, 7102, 7103, 7104, 
7105, 7106, 7107, and 7110, enacting provisions set out as 
notes under this section and 22 U.S.C.A. Sec. 7103, and 
repealing provisions set out as notes under 22 U.S.C.A. 
Sec. 7103], the Trafficking Victims Protection Reauthorization 
Act of 2005 [Pub.L. 109-164, Jan. 10, 2006, 119 Stat. 3558, 
enacting 18 U.S.C.A. Sec. 2428, chapter 212A of Title 18, 18 
U.S.C.A. Sec. 3271 et seq., 22 U.S.C.A. Sec. Sec. 7111 and 
7112, and part O of subchapter III of chapter 136 of Title 42, 
42 U.S.C.A. Sec. 14044 et seq., amending 18 U.S.C.A. 
Sec. Sec. 1956 and 1961, and 22 U.S.C.A. Sec. Sec. 4028, 7103, 
7104, 7105, 7106, 7107, 7109a, and 7110, and enacting 
provisions set out as notes under this section and 22 U.S.C.A. 
Sec. Sec. 7105 and 7106], chapters 77 and 117 of title 18, 
United States Code [18 U.S.C.A. Sec. 1581 et seq. and 18 
U.S.C.A. Sec. 2421 et seq.], or any model law issued by the 
Department of Justice to carry out the purposes of any of the 
aforementioned statutes--
          (1) may be construed to treat prostitution as a valid 
        form of employment under Federal law; or
          (2) shall preempt, supplant, or limit the effect of 
        any State or Federal criminal law.
    (b) Model State Criminal Provisions.--In addition to any 
model State antitrafficking statutes in effect on the date of 
the enactment of this Act [Dec. 23, 2008], the Attorney General 
shall facilitate the promulgation of a model State statute 
that--
          (1) furthers a comprehensive approach to 
        investigation and prosecution through modernization of 
        State and local prostitution and pandering statutes; 
        [and]
          (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;
          [(2)] (3) is based in part on the provisions of the 
        Act of August 15, 1935 (49 Stat. 651; D.C. Code 22-2701 
        et seq.) [Act Aug. 15, 1935, c. 546, 49 Stat. 651] 
        (relating to prostitution and pandering).
    (c) Distribution.--The model statute described in 
subsection (b) and the text of chapter 27 of the Criminal Code 
of the District of Columbia (D.C. Code 22-2701 et seq.) shall 
be--
          (1) posted on the website of the Department of 
        Justice; and
          (2) distributed to the Attorney General of each 
        State.

           *       *       *       *       *       *       *

SEC. 7102. DEFINITIONS.

    In this chapter:
          (1) Abuse or threatened abuse of law or legal 
        process.--The term ``abuse or threatened abuse of the 
        legal process'' means the use or threatened use of a 
        law or legal process, whether administrative, civil, or 
        criminal, in any manner or for any purpose for which 
        the law was not designed, in order to exert pressure on 
        another person to cause that person to take some action 
        or refrain from taking some action.
          [(1)] (2) Appropriate congressional committees.--The 
        term ``appropriate congressional committees'' means the 
        Committee on Foreign Relations and the Committee on the 
        Judiciary of the Senate and the Committee on Foreign 
        Affairs and the Committee on the Judiciary of the House 
        of Representatives.
          [(2)] (3) Coercion.--The term ``coercion'' means--
                  (A) threats of serious harm to or physical 
                restraint against any person;
                  (B) any scheme, plan, or pattern intended to 
                cause a person to believe that failure to 
                perform an act would result in serious harm to 
                or physical restraint against any person; or
                  (C) the abuse or threatened abuse of the 
                legal process.
          [(3)] (4) Commercial sex act.--The term ``commercial 
        sex act'' means any sex act on account of which 
        anything of value is given to or received by any 
        person.
          [(4)] (5) Debt bondage.--The term ``debt bondage'' 
        means the status or condition of a debtor arising from 
        a pledge by the debtor of his or her personal services 
        or of those of a person under his or her control as a 
        security for debt, if the value of those services as 
        reasonably assessed is not applied toward the 
        liquidation of the debt or the length and nature of 
        those services are not respectively limited and 
        defined.
          [(5)] (6) Involuntary servitude.--The term 
        ``involuntary servitude'' includes a condition of 
        servitude induced by means of--
                  (A) any scheme, plan, or pattern intended to 
                cause a person to believe that, if the person 
                did not enter into or continue in such 
                condition, that person or another person would 
                suffer serious harm or physical restraint; or
                  (B) the abuse or threatened abuse of the 
                legal process.
          [(6)] (7) Minimum standards for the elimination of 
        trafficking.--The term ``minimum standards for the 
        elimination of trafficking'' means the standards set 
        forth in section 7106 of this title.
          [(7)] (8) Nonhumanitarian, nontrade-related foreign 
        assistance.--The term ``nonhumanitarian, nontrade-
        related foreign assistance'' means--
                  (A) any assistance under the Foreign 
                Assistance Act of 1961 [22 U.S.C.A. Sec. 2151 
                et seq.], other than--
                          (i) assistance under chapter 4 of 
                        part II of that Act [22 U.S.C.A. 
                        Sec. 2346 et seq.] in support of 
                        programs of nongovernmental 
                        organizations that is made available 
                        for any program, project, or activity 
                        eligible for assistance under chapter 1 
                        of part I of that Act [22 U.S.C.A. 
                        Sec. 2151 et seq.];
                          (ii) assistance under chapter 8 of 
                        part I of that Act [22 U.S.C.A. 
                        Sec. 2291 et seq.];
                          (iii) any other narcotics-related 
                        assistance under part I of that Act [22 
                        U.S.C.A. Sec. 2151 et seq.] or under 
                        chapter 4 or 5 part II of that Act [22 
                        U.S.C.A. Sec. 2346 et seq., 2347 et 
                        seq.], but any such assistance provided 
                        under this clause shall be subject to 
                        the prior notification procedures 
                        applicable to reprogrammings pursuant 
                        to section 634A of that Act [22 
                        U.S.C.A. Sec. 2394-1];
                          (iv) disaster relief assistance, 
                        including any assistance under chapter 
                        9 of part I of that Act [22 U.S.C.A. 
                        Sec. 2292 et seq.];
                          (v) antiterrorism assistance under 
                        chapter 8 of part II of that Act [22 
                        U.S.C.A. Sec. 1349aa et seq.];
                          (vi) assistance for refugees;
                          (vii) humanitarian and other 
                        development assistance in support of 
                        programs of nongovernmental 
                        organizations under chapters 1 and 10 
                        of that Act;
                          (viii) programs under title IV of 
                        chapter 2 of part I of that Act [22 
                        U.S.C.A. Sec. 2191 et seq.], relating 
                        to the Overseas Private Investment 
                        Corporation; and
                          (ix) other programs involving trade-
                        related or humanitarian assistance; and
                  (B) sales, or financing on any terms, under 
                the Arms Export Control Act [22 U.S.C.A. 
                Sec. 2751 et seq.], other than sales or 
                financing provided for narcotics-related 
                purposes following notification in accordance 
                with the prior notification procedures 
                applicable to reprogrammings pursuant to 
                section 634A of the Foreign Assistance Act of 
                1961 [22 U.S.C.A. Sec. 2394-1].
          [(8)] (9) Severe forms of trafficking in persons.--
        The term ``severe forms of trafficking in persons'' 
        means--
                  (A) sex trafficking in which a commercial sex 
                act is induced by force, fraud, or coercion, or 
                in which the person induced to perform such act 
                has not attained 18 years of age; or
                  (B) the recruitment, harboring, 
                transportation, provision, or obtaining of a 
                person for labor or services, through the use 
                of force, fraud, or coercion for the purpose of 
                subjection to involuntary servitude, peonage, 
                debt bondage, or slavery.
          [(9)] (10) Sex trafficking.--The term ``sex 
        trafficking'' means the recruitment, harboring, 
        transportation, provision, or obtaining of a person for 
        the purpose of a commercial sex act.
          [(10)] (11) State.--The term ``State'' means each of 
        the several States of the United States, the District 
        of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, and 
        territories and possessions of the United States.
          [(11)] (12) Task force.--The term ``Task Force'' 
        means the Interagency Task Force to Monitor and Combat 
        Trafficking established under section 7103 of this 
        title.
          [(12)] (13) United states.--The term ``United 
        States'' means the fifty States of the United States, 
        the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands, American Samoa, Guam, the 
        Commonwealth of the Northern Mariana Islands, and the 
        territories and possessions of the United States.
          [(13)] (14) Victim of a severe form of trafficking.--
        The term ``victim of a severe form of trafficking'' 
        means a person subject to an act or practice described 
        in [paragraph (8)] paragraph (9).
          [(14)] (15) Victim of trafficking.--The term ``victim 
        of trafficking'' means a person subjected to an act or 
        practice described in [paragraph (8) or (9)] paragraph 
        (9) or (10).

           *       *       *       *       *       *       *

SEC. 7103. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.

    (a) Establishment.--The President shall establish an 
Interagency Task Force to Monitor and Combat Trafficking.
    (b) Appointment.--The President shall appoint the members 
of the Task Force, which shall include the Secretary of State, 
the Administrator of the United States Agency for International 
Development, the Attorney General, the Secretary of Labor, the 
Secretary of Health and Human Services, the Director of 
National Intelligence, the Secretary of Defense, the Secretary 
of Homeland Security, the Secretary of Education, and such 
other officials as may be designated by the President.
    (c) Chairman.--The Task Force shall be chaired by the 
Secretary of State.
    (d) Activities of the Task Force.--The Task Force shall 
carry out the following activities:
          (1) Coordinate the implementation of this chapter.
          (2) Measure and evaluate progress of the United 
        States and other countries in the areas of trafficking 
        prevention, protection, and assistance to victims of 
        trafficking, and prosecution and enforcement against 
        traffickers, including the role of public corruption in 
        facilitating trafficking. The Task Force shall have 
        primary responsibility for assisting the Secretary of 
        State in the preparation of the reports described in 
        section 7107 of this title.
          (3) Expand interagency procedures to collect and 
        organize data, including significant research and 
        resource information on domestic and international 
        trafficking. Any data collection procedures established 
        under this subsection shall respect the confidentiality 
        of victims of trafficking.
          (4) Engage in efforts to facilitate cooperation among 
        countries of origin, transit, and destination. Such 
        efforts shall aim to strengthen local and regional 
        capacities to prevent trafficking, prosecute 
        traffickers and assist trafficking victims, and shall 
        include initiatives to enhance cooperative efforts 
        between destination countries and countries of origin 
        and assist in the appropriate reintegration of 
        stateless victims of trafficking.
          (5) Examine the role of the international ``sex 
        tourism'' industry in the trafficking of persons and in 
        the sexual exploitation of women and children around 
        the world.
          (6) Engage in consultation and advocacy with 
        governmental and nongovernmental organizations, among 
        other entities, to advance the purposes of this 
        chapter, and make reasonable efforts to distribute 
        information to enable all relevant Federal Government 
        agencies to publicize the National Human Trafficking 
        Resource Center Hotline on their websites, in all 
        headquarters offices, and in all field offices 
        throughout the United States.
          (7) Not later than May 1, 2004, and annually 
        thereafter, the Attorney General shall submit to the 
        Committee on Ways and Means, the Committee on Foreign 
        Affairs, and the Committee on the Judiciary of the 
        House of Representatives and the Committee on Finance, 
        the Committee on Foreign Relations, and the Committee 
        on the Judiciary of the Senate, a report on Federal 
        agencies that are implementing any provision of this 
        chapter, or any amendment made by this chapter, which 
        shall include, at a minimum, information on--
                  (A) the number of persons who received 
                benefits or other services under subsections 
                (b) and (f) of section 7105 of this title in 
                connection with programs or activities funded 
                or administered by the Secretary of Health and 
                Human Services, the Secretary of Labor, the 
                Attorney General, the Board of Directors of the 
                Legal Services Corporation, and other 
                appropriate Federal agencies during the 
                preceding fiscal year;
                  [(B) the number of persons who have been 
                granted continued presence in the United States 
                under section 7105(c)(3) of this title during 
                the preceding fiscal year;
                  [(C) the number of persons who have applied 
                for, been granted, or been denied a visa or 
                otherwise provided status under section 
                1101(a)(15)(T)(i) of Title 8 during the 
                preceding fiscal year;]
                  (B) the number of persons who have been 
                granted continued presence in the United States 
                under section 107(c)(3) during the preceding 
                fiscal year and the mean and median time taken 
                to adjudicate applications submitted under such 
                section, including the time from the receipt of 
                an application by law enforcement to the 
                issuance of continued presence, and a 
                description of any efforts being taken to 
                reduce the adjudication and processing time 
                while ensuring the safe and competent 
                processing of the applications;
                  (C) the number of persons who have applied 
                for, been granted, or been denied a visa or 
                otherwise provided status under subparagraph 
                (T)(i) or (U)(i) of section 101(a)(15) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(15)) during the preceding fiscal year;
                  (D) the number of persons who have applied 
                for, been granted, or been denied a visa or 
                status under clause (ii) of section 
                101(a)(15)(T) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(15)(T)) 
                during the preceding fiscal year, broken down 
                by the number of such persons described in 
                subclauses (I), (II), and (III) of such clause 
                (ii);
                  (E) the amount of Federal funds expended in 
                direct benefits paid to individuals described 
                in subparagraph (D) in conjunction with T visa 
                status;
                  (F) the number of persons who have applied 
                for, been granted, or been denied a visa or 
                status under section 101(a)(15)(U)(i) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(15)(U)(i)) during the preceding fiscal 
                year;
                  (G) the mean and median time in which it 
                takes to adjudicate applications submitted 
                under the provisions of law set forth in 
                subparagraph (C), including the time between 
                the receipt of an application and the issuance 
                of a visa and work authorization;
                  (H) any efforts being taken to reduce the 
                adjudication and processing time, while 
                ensuring the safe and competent processing of 
                the applications;
                  [(D)] (I) the number of persons who have been 
                charged or convicted under one or more of 
                sections 1581, 1583, 1584, 1589, 1590, 1591, 
                1592, or 1594 of Title 18, during the preceding 
                fiscal year and the sentences imposed against 
                each such person;
                  [(E)] (J) the amount, recipient, and purpose 
                of each grant issued by any Federal agency to 
                carry out the purposes of sections 7104 and 
                7105 of this title, or section 2152d of this 
                title, during the preceding fiscal year;
                  [(F)] (K) the nature of training conducted 
                pursuant to section 7105(c)(4) of this title 
                during the preceding fiscal year;
                  [(G)] (L) the amount, recipient, and purpose 
                of each grant under sections 14044a and 14044c 
                of Title 42;
                  [(H)]] (M) activities by the Department of 
                Defense to combat trafficking in persons, 
                including--
                          (i) educational efforts for, and 
                        disciplinary actions taken against, 
                        members of the United States Armed 
                        Forces;
                          (ii) the development of materials 
                        used to train the armed forces of 
                        foreign countries[; and];
                          (iii) all known trafficking in 
                        persons cases reported to the Under 
                        Secretary of Defense for Personnel and 
                        Readiness;
                          [(iii)] (iv) efforts to ensure that 
                        United States Government contractors 
                        and their employees or United States 
                        Government subcontractors and their 
                        employees do not engage in trafficking 
                        in persons[;]; and
                          (v) all trafficking in persons 
                        activities of contractors reported to 
                        the Under Secretary of Defense for 
                        Acquisition Technology and Logistics;
                  [(I)] (N) activities or actions by Federal 
                departments and agencies to enforce--
                          (i) section 7104(g) of this title and 
                        any similar law, regulation, or policy 
                        relating to United States Government 
                        contractors and their employees or 
                        United States Government subcontractors 
                        and their employees that engage in 
                        severe forms of trafficking in persons, 
                        the procurement of commercial sex acts, 
                        or the use of forced labor, including 
                        debt bondage;
                          (ii) section 1307 of Title 19; 
                        relating to prohibition on importation 
                        of convict-made goods), including any 
                        determinations by the Secretary of 
                        Homeland Security to waive the 
                        restrictions of such section; and
                          (iii) prohibitions on the procurement 
                        by the United States Government of 
                        items or services produced by slave 
                        labor, consistent with Executive Order 
                        13107 (December 10, 1998); [and]
                  [(J)] (O) the activities undertaken by the 
                Senior Policy Operating Group to carry out its 
                responsibilities under [subsection (f)] 
                subsection g of this section[.];
                  (P) the activities undertaken by Federal 
                agencies to train appropriate State, tribal, 
                and local government and law enforcement 
                officials to identify victims of severe forms 
                of trafficking, including both sex and labor 
                trafficking;
                  (Q) the activities undertaken by Federal 
                agencies in cooperation with State, tribal, and 
                local law enforcement officials to identify, 
                investigate, and prosecute offenses under 
                sections 1581, 1583, 1584, 1589, 1590, 1592, 
                and 1594 of title 18, United States Code, or 
                equivalent State offenses, including, in each 
                fiscal year--
                          (i) the number, age, gender, country 
                        of origin, and citizenship status of 
                        victims identified for each offense;
                          (ii) the number of individuals 
                        charged, and the number of individuals 
                        convicted, under each offense;
                          (iii) the number of individuals 
                        referred for prosecution for State 
                        offenses, including offenses relating 
                        to the purchasing of commercial sex 
                        acts;
                          (iv) the number of victims granted 
                        continued presence in the United States 
                        under section 107(c)(3); and
                          (v) the number of victims granted a 
                        visa or otherwise provided status under 
                        subparagraph (T)(i) or (U)(i) of 
                        section 101(a)(15) of the Immigration 
                        and Nationality Act (8 U.S.C. 
                        1101(a)(15)); and
                  (R) the activities undertaken by the 
                Department of Justice and the Department of 
                Health and Human Services to meet the specific 
                needs of minor victims of domestic trafficking, 
                including actions taken pursuant to subsection 
                (f) and section 202(a) of the Trafficking 
                Victims Protection Reauthorization Act of 2005 
                (42 U.S.C. 14044(a)), and the steps taken to 
                increase cooperation among Federal agencies to 
                ensure the effective and efficient use of 
                programs for which the victims are eligible.
    (e) Office To Monitor and Combat Trafficking.--
          (1) In general.--The Secretary of State shall 
        establish within the Department of State an Office to 
        Monitor and Combat Trafficking, which shall provide 
        assistance to the Task Force. Any such Office shall be 
        headed by a Director, who shall be appointed by the 
        President, by and with the advice and consent of the 
        Senate, with the rank of Ambassador-at-Large. The 
        Director shall have the primary responsibility for 
        assisting the Secretary of State in carrying out the 
        purposes of this chapter and may have additional 
        responsibilities as determined by the Secretary. The 
        Director shall consult with nongovernmental 
        organizations and multilateral organizations, and with 
        trafficking victims or other affected persons. The 
        Director shall have the authority to take evidence in 
        public hearings or by other means. The agencies 
        represented on the Task Force are authorized to provide 
        staff to the Office on a nonreimbursable basis.
          [(2) Coordination of certain activities.--
                  [(A) Partnerships.--The Director, in 
                coordination and cooperation with other 
                officials at the Department of State involved 
                in corporate responsibility, the Deputy Under 
                Secretary for International Affairs of the 
                Department of Labor, and other relevant 
                officials of the United States Government, 
                shall promote, build, and sustain partnerships 
                between the United States Government and 
                private entities (including foundations, 
                universities, corporations, community-based 
                organizations, and other nongovernmental 
                organizations) to ensure that--
                          [(i) United States citizens do not 
                        use any item, product, or material 
                        produced or extracted with the use of 
                        labor from victims of severe forms of 
                        trafficking; and
                          [(ii) such entities do not contribute 
                        to trafficking in persons involving 
                        sexual exploitation.]
          [(B)] (2) United states assistance.--The Director 
        shall be responsible for--
                  [(i)] (A) all policy, funding, and 
                programming decisions regarding funds made 
                available for trafficking in persons programs 
                that are centrally controlled by the Office to 
                Monitor and Combat Trafficking; and
                  [(ii)] (B) coordinating any trafficking in 
                persons programs of the Department of State or 
                the United States Agency for International 
                Development that are not centrally controlled 
                by the Director.
    (f) Regional Strategies for Combating Trafficking in 
Persons.--Each regional bureau in the Department of State shall 
contribute to the realization of the anti-trafficking goals and 
objectives of the Secretary of State. By June 30 of each year, 
in cooperation with the Office to Monitor and Combat 
Trafficking, each regional bureau shall submit a list of anti-
trafficking goals and objectives for each country in its 
geographic area of responsibility. Host governments shall be 
informed of the goals and objectives for their particular 
country by June 30 and, to the extent possible, host government 
officials should contribute to the drafting of the goals and 
objectives.
    [(f)] (g) Senior Policy Operating Group.--
          (1) Establishment.--There shall be established within 
        the executive branch a Senior Policy Operating Group.
          (2) Membership; related matters.--
                  (A) In general.--The Operating Group shall 
                consist of the senior officials designated as 
                representatives of the appointed members of the 
                Task Force (pursuant to Executive Order No. 
                13257 of February 13, 2002).
                  (B) Chairperson.--The Operating Group shall 
                be chaired by the Director of the Office to 
                Monitor and Combat Trafficking of the 
                Department of State.
                  (C) Meetings.--The Operating Group shall meet 
                on a regular basis at the call of the 
                Chairperson.
          (3) Duties.--The Operating Group shall coordinate 
        activities of Federal departments and agencies 
        regarding policies (including grants and grant 
        policies) involving the international trafficking in 
        persons and the implementation of this chapter.
          (4) Availability of information.--Each Federal 
        department or agency represented on the Operating Group 
        shall fully share all information with such Group 
        regarding the department or agency's plans, before and 
        after final agency decisions are made, on all matters 
        relating to grants, grant policies, and other 
        significant actions regarding the international 
        trafficking in persons and the implementation of this 
        division.
          (5) Regulations.--Not later than 90 days after 
        December 19, 2003, the President shall promulgate 
        regulations to implement this section, including 
        regulations to carry out paragraph (4).

SEC. 7103A. CREATING, BUILDING, AND STRENGTHENING PARTNERSHIPS AGAINST 
                    SIGNIFICANT TRAFFICKING IN PERSONS.

    (a) Declaration of Purpose.--The purpose of this section is 
to promote collaboration and cooperation-- 
          (1) between the United States Government and 
        governments listed on the annual Trafficking in Persons 
        Report;
          (2) between foreign governments and civil society 
        actors; and
          (3) between the United States Government and private 
        sector entities.
    (b) Partnerships.--The Director, in coordination and 
cooperation with other officials at the Department of State 
involved in corporate responsibility and global partnerships, 
the Deputy Under Secretary for International Affairs of the 
Department of Labor, and other relevant officials of the United 
States Government, shall promote, build, and sustain 
partnerships between the United States Government and private 
entities, including foundations, universities, corporations, 
community-based organizations, and other nongovernmental 
organizations, to ensure that--
          (1) United States citizens do not use any item, 
        product, or material produced or extracted with the use 
        and labor from victims of severe forms of trafficking; 
        and
          (2) such entities do not contribute to trafficking in 
        persons involving sexual exploitation.
    (c) Additional Measures to Enhance Anti-trafficking 
Response and Capacity.--The President shall establish and carry 
out programs with foreign governments and civil society to 
enhance anti-trafficking response and capacity, including-- 
          (1) technical assistance and other support to improve 
        the capacity of foreign governments to investigate, 
        identify, and carry out inspections of private 
        entities, including labor recruitment centers, at which 
        trafficking victims may be exploited, particularly 
        exploitation involving forced and child labor;
          (2) technical assistance and other support for 
        foreign governments and nongovernmental organizations 
        to provide immigrant populations with information, in 
        the native languages of the major immigrant groups of 
        such populations, regarding the rights of such 
        populations in the foreign country and local in-country 
        nongovernmental organization-operated hotlines;
          (3) technical assistance to provide legal frameworks 
        and other programs to foreign governments and 
        nongovernmental organizations to ensure that--
                  (A) foreign migrant workers are provided the 
                same protection as nationals of the foreign 
                country;
                  (B) labor recruitment firms are regulated; 
                and
                  (C) workers providing domestic services in 
                households are provided protection under labor 
                rights laws; and
          (4) assistance to foreign governments to register 
        vulnerable populations as citizens or nationals of the 
        country to reduce the ability of traffickers to exploit 
        such populations, where possible under domestic law.
    (d) Program to Address Emergency Situations.--The Secretary 
of State, acting through the Director of the Office to Monitor 
and Combat Trafficking in Persons, is authorized to establish a 
fund to assist foreign governments in meeting unexpected, 
urgent needs in prevention of trafficking in persons, 
protection of victims, and prosecution of trafficking 
offenders. 
    (e) Child Protection Compacts.--
          (1) In general.--The Secretary of State, acting 
        through the Director of the Office to Monitor and 
        Combat Trafficking in Persons and in consultation with 
        the Bureau of Democracy, Human Rights, and Labor, the 
        Bureau of International Labor Affairs of the Department 
        of Labor, the United States Agency for International 
        Development, and other relevant agencies, is authorized 
        to provide assistance under this section for each 
        country that enters into a child protection compact 
        with the United States to support policies and programs 
        that--
                  (A) prevent and respond to violence, 
                exploitation, and abuse against children; and
                  (B) measurably reduce severe forms of 
                trafficking in children by building sustainable 
                and effective systems of justice and 
                protection.
          (2) Elements.--A child protection compact under this 
        subsection shall establish a multi- year plan for 
        achieving shared objectives in furtherance of the 
        purposes of this Act, and shall describe--
                  (A) the specific objectives the foreign 
                government and the United States Government 
                expect to achieve during the term of the 
                compact;
                  (B) the responsibilities of the foreign 
                government and the United States Government in 
                the achievement of such objectives;
                  (C) the particular programs or initiatives to 
                be undertaken in the achievement of such 
                objectives and the amount of funding to be 
                allocated to each program or initiative by both 
                countries;
                  (D) regular outcome indicators to monitor and 
                measure progress toward achieving such 
                objectives; and
                  (E) a multi-year financial plan, including 
                the estimated amount of contributions by the 
                United States Government and the foreign 
                government, and proposed mechanisms to 
                implement the plan and provide oversight.
          (3) Form of assistance.--Assistance under this 
        subsection may be provided in the form of grants, 
        cooperative agreements, or contracts to or with 
        national governments, regional or local governmental 
        units, or non-governmental organizations or private 
        entities with expertise in the protection of victims of 
        severe forms of trafficking in persons. 
          (4) Eligible countries.--The Secretary of State, 
        acting through the Office to Monitor and Combat 
        Trafficking in Persons, and in consultation with the 
        agencies set forth in paragraph (1) and relevant 
        officers of the Department of Justice, shall select 
        countries with which to enter into child protection 
        compacts. The selection of countries under this 
        paragraph shall be based on--
                  (A) the selection criteria set forth in 
                paragraph (5); and
                  (B) objective, documented, and quantifiable 
                indicators, to the maximum extent possible.
          (5) Selection criteria.--A country shall be selected 
        under paragraph (4) on the basis of--
                  (A) a documented high prevalence of 
                trafficking in persons within the country; and
                  (B) demonstrated political will and sustained 
                commitment by the government of such country to 
                undertake meaningful measures to address severe 
                forms of trafficking in persons, including 
                protection of victims and the enactment and 
                enforcement of anti-trafficking laws against 
                perpetrators.
          (6) Suspension and termination of assistance.--
                  (A) In general.--The Secretary may suspend or 
                terminate assistance provided under this 
                subsection in whole or in part for a country or 
                entity if the Secretary determines that--
                          (i) the country or entity is engaged 
                        in activities that are contrary to the 
                        national security interests of the 
                        United States;
                          (ii) the country or entity has 
                        engaged in a pattern of actions 
                        inconsistent with the criteria used to 
                        determine the eligibility of the 
                        country or entity, as the case may be; 
                        or
                          (iii) the country or entity has 
                        failed to adhere to its 
                        responsibilities under the Compact.
                  (B) Reinstatement.--The Secretary may 
                reinstate assistance for a country or entity 
                suspended or terminated under this paragraph 
                only if the Secretary determines that the 
                country or entity has demonstrated a commitment 
                to correcting each condition for which 
                assistance was suspended or terminated under 
                subparagraph (A).

SEC. 7104. PREVENTION OF TRAFFICKING.

    (a) Economic Alternatives To Prevent and Deter 
Trafficking.--The President shall establish and carry out 
international initiatives to enhance economic opportunity for 
potential victims of trafficking as a method to deter 
trafficking. Such initiatives may include--
          (1) microcredit lending programs, training in 
        business development, skills training, and job 
        counseling;
          (2) programs to promote women's participation in 
        economic decisionmaking;
          (3) programs to keep children, especially girls, in 
        elementary and secondary schools, and to educate 
        persons who have been victims of trafficking;
          (4) development of educational curricula regarding 
        the dangers of trafficking; and
          (5) grants to nongovernmental organizations to 
        accelerate and advance the political, economic, social, 
        and educational roles and capacities of women in their 
        countries.
    (b) Public Awareness and Information.--The President, 
acting through the Secretary of Labor, the Secretary of Health 
and Human Services, the Attorney General, and the Secretary of 
State, shall establish and carry out programs to increase 
public awareness, particularly among potential victims of 
trafficking, of the dangers of trafficking and the protections 
that are available for victims of trafficking.
    (c) Border Interdiction.--The President shall establish and 
carry out programs of border interdiction outside the United 
States. Such programs shall include providing grants to foreign 
nongovernmental organizations that provide for transit shelters 
operating at key border crossings and that help train survivors 
of trafficking in persons to educate and train border guards 
and officials, and other local law enforcement officials, to 
identify traffickers and victims of severe forms of 
trafficking, and the appropriate manner in which to treat such 
victims. Such programs shall also include, to the extent 
appropriate, monitoring by such survivors of trafficking in 
persons of the implementation of border interdiction programs, 
including helping in the identification of such victims to stop 
the cross-border transit of victims. The President shall ensure 
that any program established under this subsection provides the 
opportunity for any trafficking victim who is freed to return 
to his or her previous residence if the victim so chooses.
    (d) International Media.--The President shall establish and 
carry out programs that support the production of television 
and radio programs, including documentaries, to inform 
vulnerable populations overseas of the dangers of trafficking, 
and to increase awareness of the public in countries of 
destination regarding the slave-like practices and other human 
rights abuses involved in trafficking, including fostering 
linkages between individuals working in the media in different 
countries to determine the best methods for informing such 
populations through such media.
      (e) Regional Anti-trafficking in Persons Officers.--Under 
the authority, direction, and control of the President, the 
Secretary of State, in accordance with the provisions of this 
Act, and in order to promote effective bilateral and regional 
anti-trafficking diplomacy, public diplomacy initiatives, and 
coordination of programs, is authorized--
          (1) to appoint, at United States embassies, anti-
        trafficking in persons officers, who shall collaborate 
        with other countries to eliminate human trafficking; 
        and
          (2) to assign the officers appointed under paragraph 
        (1) to fulfill tasks such as--
                  (A) expanding the anti-trafficking efforts of 
                the Office to Monitor and Combat Trafficking in 
                Persons of the Department of State, including--
                          (i) maintaining direct contact with 
                        the Office to Monitor and Combat 
                        Trafficking in Persons; and
                          (ii) undertaking tasks recommended by 
                        the Director of the Office to Monitor 
                        and Combat Trafficking in Persons;
                  (B) monitoring trafficking trends in the 
                region;
                  (C) assessing compliance with the provisions 
                of this Act;
                  (D) determining and furthering effective 
                anti-trafficking programs and partnerships with 
                foreign governments and foreign nongovernmental 
                organizations;
                  (E) strengthening diplomatic outreach on 
                trafficking in persons; and
                  (F) assisting and advising United States 
                embassies overseas on their input to the Office 
                to Monitor and Combat Trafficking in Persons 
                for the preparation of the annual Trafficking 
                in Persons Report.
    [(e)] (f) Combating International Sex Tourism.--
          (1) Development and dissemination of materials.--The 
        President, pursuant to such regulations as may be 
        prescribed, shall ensure that materials are developed 
        and disseminated to alert travelers that sex tourism 
        (as described in subsections (b) through (f) of section 
        2423 of Title 18) is illegal, will be prosecuted, and 
        presents dangers to those involved. Such materials 
        shall be disseminated to individuals traveling to 
        foreign destinations where the President determines 
        that sex tourism is significant.
          (2) Monitoring of compliance.--The President shall 
        monitor compliance with the requirements of paragraph 
        (1).
          (3) Feasibility report.--Not later than 180 days 
        after December 19, 2003, the President shall transmit 
        to the Committee on International Relations of the 
        House of Representatives and the Committee on Foreign 
        Affairs of the Senate a report that describes the 
        feasibility of such United States Government materials 
        being disseminated through public-private partnerships 
        to individuals traveling to foreign destinations.
    [(f)] (g) Consultation Requirement.--The President shall 
consult with appropriate nongovernmental organizations with 
respect to the establishment and conduct of initiatives and 
programs described in subsections (a) through (e) of this 
section.
    [(g)] (h) Termination of Certain Grants, Contracts and 
Cooperative Agreements.--
          [The President] (1) In general._The President shall 
        ensure that any grant, contract, or cooperative 
        agreement provided or entered into by a Federal 
        department or agency under which funds are to be 
        provided to a private entity, in whole or in part, 
        shall include a condition that authorizes the 
        department or agency to terminate the grant, contract, 
        or cooperative agreement, without penalty, if the 
        grantee or any subgrantee, or the contractor or any 
        [subcontractor (i) engages in severe forms of 
        trafficking in persons or has procured a commercial sex 
        act during the period of time that the grant, contract, 
        or cooperative agreement is in effect, or (ii) uses 
        forced labor in the performance of the grant, contract, 
        or cooperative agreement.] subcontractor engages in, or 
        uses labor recruiters or brokers who engage in, acts 
        related to trafficking in persons, the procurement of 
        commercial sex acts, or the use of forced labor in the 
        performance of the grant, contract, or cooperative 
        agreement, including, if in furtherance of such acts--
                  (A) destroying, concealing, removing, or 
                confiscating an employee's immigration 
                documents without the employee's consent;
                  (B) failing to assist with the repatriation 
                of an employee upon the end of employment, 
                unless the employee is a victim of human 
                trafficking seeking victim services or legal 
                redress in the country of employment;
                  (C) placing an employee in a location or 
                occupation other than the location or 
                occupation that was indicated to the employee 
                when the employee was recruited, without the 
                concurrence of the employee;
                  (D) charging recruited employees placement 
                fees equal to or greater than the employee's 
                annual salary or half the employee's total 
                anticipated pay, whichever is less; and
                  (E) any other activities that support or 
                promote trafficking in persons, the procurement 
                of commercial sex acts, or the use of forced 
                labor in the performance of the grant, 
                contract, or cooperative agreement.
          (2) Contract compliance plan.--
                  (A) Compliance plan and certification of 
                subcontract review.--The head of a Federal 
                department or agency may not make or enter into 
                a grant, contract, or cooperative agreement 
                valued at $1,000,000 or more if performance 
                will predominantly be conducted overseas in 
                support of contingency operations, unless a 
                duly designated representative of the entity 
                receiving such grant, contract, or cooperative 
                agreement certifies to the contracting officer, 
                after having conducted due diligence, that--
                          (i) the contracting entity has 
                        implemented a plan to prevent the 
                        activities described in subparagraphs 
                        (A) through (E) of paragraph (1) and is 
                        in compliance with such plan; and
                          (ii) to the best of such 
                        representative's knowledge, neither the 
                        contracting entity nor any subgrantee 
                        or subcontractor holding a subgrant or 
                        subcontract under such grant, contract, 
                        or cooperative agreement valued at 
                        $1,000,000 or more, is engaged in any 
                        of the activities described in such 
                        subparagraphs.
                  (B) Contract evaluation.--
                          (i) In general.--If the contracting 
                        officer for a grant, contract, or 
                        cooperative agreement described under 
                        subparagraph (A) receives any report 
                        that a contracting entity, or any 
                        subcontractor or subgrantee, has 
                        engaged in an activity described in 
                        paragraph (1), including reports from a 
                        contracting officer representative, an 
                        inspector general, an auditor, or any 
                        other official source, the contracting 
                        officer may, before renewing any 
                        remaining options for such grant, 
                        contract, or cooperative agreement, or 
                        the grant, contract, or cooperative 
                        agreement itself, attempt to resolve 
                        the areas of noncompliance or 
                        unsatisfactory performance and modify 
                        such grant, contract, or cooperative 
                        agreement to prevent future occurrences 
                        of such noncompliance or unsatisfactory 
                        performance.
                          (ii) Effect of continued 
                        noncompliance.--If the contracting 
                        officer determines that the 
                        noncompliance or unsatisfactory 
                        performance under the grant, contract, 
                        or cooperative agreement described in 
                        clause (i) cannot be resolved and 
                        prevented in the future, the 
                        contracting officer--
                                  (I) may not renew any 
                                remaining options for such 
                                grant, contract, or cooperative 
                                agreement, or the grant, 
                                contract, or cooperative 
                                agreement itself, with such 
                                contracting entity; and
                                  (II) may terminate the grant, 
                                contract, or cooperative 
                                agreement without penalty if 
                                such grant, contract, or 
                                cooperative agreement was made 
                                or entered into after the 
                                effective date of this 
                                paragraph.
                          (iii) Inclusion of credible 
                        reports.--A contracting officer may 
                        enter in the past performance 
                        evaluation of a contractor any reports, 
                        determined to be credible by the 
                        contracting officer, that any entity 
                        has engaged in any activity described 
                        in subparagraphs (A) through (E) of 
                        paragraph (1), including reports from a 
                        contracting officer representative, an 
                        inspector general, an auditor, or any 
                        other official source.
          (3) Rule of construction.--Nothing in this subsection 
        may be construed as superseding, restricting, or 
        limiting the application of any Federal contracting law 
        or regulation.
      [(h)] (i) Prevention of Trafficking in Conjunction with 
Post-Conflict and Humanitarian Emergency Assistance.--The 
United States Agency for International Development, the 
Department of State, and the Department of Defense shall 
incorporate anti-trafficking and protection measures for 
vulnerable populations, particularly women and children, into 
their post-conflict and humanitarian emergency assistance and 
program activities.
    [(i)] (j) Additional Measures To Prevent and Deter 
Trafficking.--The President shall establish and carry out 
programs to prevent and deter trafficking in persons, 
including--
          (1) technical assistance and other support to improve 
        the capacity of foreign governments to investigate, 
        identify, and carry out inspections of private 
        entities, including labor recruitment centers, at which 
        trafficking victims may be exploited, particularly 
        exploitation involving forced and child labor;
          (2) technical assistance and other support for 
        foreign governments and nongovernmental organizations 
        to provide immigrant populations with information, in 
        the native languages of the major immigrant groups of 
        such populations, regarding the rights of such 
        populations in the foreign country and local in-country 
        nongovernmental organization-operated hotlines;
          (3) technical assistance to provide legal frameworks 
        and other programs to foreign governments and 
        nongovernmental organizations to ensure that--
                  (A) foreign migrant workers are provided the 
                same protection as nationals of the foreign 
                country;
                  (B) labor recruitment firms are regulated; 
                and
                  (C) workers providing domestic services in 
                households are provided protection under labor 
                rights laws; and
          (4) assistance to foreign governments to register 
        vulnerable populations as citizens or nationals of the 
        country to reduce the ability of traffickers to exploit 
        such populations.
    (k) Prevention of Child Trafficking Through Child 
Marriage._The Secretary of State shall establish and implement 
a multi-year, multi-sectoral strategy--
          (1) to prevent child marriage;
          (2) to promote the empowerment of girls at risk of 
        child marriage in developing countries;
          (3) that should address the unique needs, 
        vulnerabilities, and potential of girls younger than 18 
        years of age in developing countries;
          (4) that targets areas in developing countries with 
        high prevalence of child marriage; and
          (5) that includes diplomatic and programmatic 
        initiatives.

SEC. 7105. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.

    (a) Assistance for Victims in Other Countries.--
          (1) In general.--The Secretary of State and the 
        Administrator of the United States Agency for 
        International Development, in consultation with 
        appropriate nongovernmental organizations, shall 
        establish and carry out programs and initiatives in 
        foreign countries to assist in the safe integration, 
        reintegration, or resettlement, as appropriate, of 
        victims of trafficking. Such programs and initiatives 
        shall be designed to meet the appropriate assistance 
        needs of such persons and their children, as identified 
        by the Task Force, and shall be carried out in a manner 
        which takes into account the cross-border, regional, 
        and transnational aspects of trafficking in persons. In 
        addition, such programs and initiatives shall, to the 
        maximum extent practicable, include the following:
                  (A) Support for local in-country 
                nongovernmental organization-operated hotlines, 
                culturally and linguistically appropriate 
                protective shelters, and regional and 
                international nongovernmental organization 
                networks and databases on trafficking, 
                including support to assist nongovernmental 
                organizations in establishing service centers 
                and systems that are mobile and extend beyond 
                large cities.
                  (B) Support for nongovernmental organizations 
                and advocates to provide legal, social, and 
                other services and assistance to trafficked 
                individuals, particularly those individuals in 
                detention, and by facilitating contact between 
                relevant foreign government agencies and such 
                nongovernmental organizations to facilitate 
                cooperation between the foreign governments and 
                such organizations.
                  (C) Education and training for trafficked 
                women and girls.
                  (D) The safe integration or reintegration of 
                trafficked individuals into an appropriate 
                community or family, with full respect for the 
                wishes, dignity, and safety of the trafficked 
                individual.
                  (E) Support for developing or increasing 
                programs to assist families of victims in 
                locating, repatriating, and treating their 
                trafficked family members, in assisting the 
                voluntary repatriation of these family members 
                or their integration or resettlement into 
                appropriate communities, and in providing them 
                with treatment.
                  (F) In cooperation and coordination with 
                relevant organizations, such as the United 
                Nations High Commissioner for Refugees, the 
                International Organization for Migration, and 
                private nongovernmental organizations that 
                contract with, or receive grants from, the 
                United States Government to assist refugees and 
                internally displaced persons, support for--
                          (i) increased protections for 
                        refugees and internally displaced 
                        persons, including outreach and 
                        education efforts to prevent such 
                        refugees and internally displaced 
                        persons from being exploited by 
                        traffickers; and
                          (ii) performance of best interest 
                        determinations for unaccompanied and 
                        separated children who come to the 
                        attention of the United Nations High 
                        Commissioner for Refugees, its partner 
                        organizations, or any organization that 
                        contracts with the Department of State 
                        in order to identify child trafficking 
                        victims and to assist their safe 
                        integration, reintegration, and 
                        resettlement.
          (2) Additional requirement.--In establishing and 
        conducting programs and initiatives described in 
        paragraph (1), the Secretary of State and the 
        Administrator of the United States Agency for 
        International Development shall take all appropriate 
        steps to enhance cooperative efforts among foreign 
        countries, including countries of origin of victims of 
        trafficking, to assist in the integration, 
        reintegration, or resettlement, as appropriate, of 
        victims of trafficking, including stateless victims. In 
        carrying out this paragraph, the Secretary and the 
        Administrator shall take all appropriate steps to 
        ensure that cooperative efforts among foreign countries 
        are undertaken on a regional basis and shall brief 
        Congress annually on such efforts.

           *       *       *       *       *       *       *

    (c) Trafficking Victim Regulations.--Not later than 180 
days after October 28, 2000, the Attorney General, the 
Secretary of Homeland Security and the Secretary of State shall 
promulgate regulations for law enforcement personnel, 
immigration officials, and Department of State officials to 
implement the following:
          (1) Protections while in custody.--Victims of severe 
        forms of trafficking, while in the custody of the 
        Federal Government and to the extent practicable, 
        shall--
                  (A) not be detained in facilities 
                inappropriate to their status as crime victims;
                  (B) receive necessary medical care and other 
                assistance; and
                  (C) be provided protection if a victim's 
                safety is at risk or if there is danger of 
                additional harm by recapture of the victim by a 
                trafficker, including--
                          (i) taking measures to protect 
                        trafficked persons and their family 
                        members from intimidation and threats 
                        of reprisals and reprisals from 
                        traffickers and their associates; and
                          (ii) ensuring that the names and 
                        identifying information of trafficked 
                        persons and their family members are 
                        not disclosed to the public.
          (2) Access to information.--Victims of severe forms 
        of trafficking shall have access to information about 
        their rights and translation services. To the extent 
        practicable, victims of severe forms of trafficking 
        shall have access to information about federally funded 
        or administered anti-trafficking programs that provide 
        services to victims of severe forms of trafficking.
          (3) Authority to permit continued presence in the 
        United States.--
                  (A) Trafficking victims.--
                          (i) In general.--If a Federal law 
                        enforcement official files an 
                        application stating that an alien is a 
                        victim of a severe form of trafficking 
                        and may be a potential witness to such 
                        trafficking, the Secretary of Homeland 
                        Security may permit the alien to remain 
                        in the United States to facilitate the 
                        investigation and prosecution of those 
                        responsible for such crime.
                          (ii) Safety.--While investigating and 
                        prosecuting suspected traffickers, 
                        Federal law enforcement officials 
                        described in clause (i) shall endeavor 
                        to make reasonable efforts to protect 
                        the safety of trafficking victims, 
                        including taking measures to protect 
                        trafficked persons and their family 
                        members from intimidation, threats of 
                        reprisals, and reprisals from 
                        traffickers and their associates.
                          (iii) Continuation of presence.--The 
                        Secretary shall permit an alien 
                        described in clause (i) who has filed a 
                        civil action under section 1595 of 
                        Title 18, to remain in the United 
                        States until such action is concluded. 
                        If the Secretary, in consultation with 
                        the Attorney General, determines that 
                        the alien has failed to exercise due 
                        diligence in pursuing such action, the 
                        Secretary may revoke the order 
                        permitting the alien to remain in the 
                        United States.
                          (iv) Exception.--Notwithstanding 
                        clause (iii), an alien described in 
                        such clause may be deported before the 
                        conclusion of the administrative and 
                        legal proceedings related to a 
                        complaint described in such clause if 
                        such alien is inadmissible under 
                        paragraph (2)(A)(i)(II), (2)(B), 
                        (2)(C), (2)(E), (2)(H), (2)(I), 
                        (3)(A)(i), (3)(A)(iii), (3)(B), or 
                        (3)(C) of section 1182(a) of Title 8.
                  (B) Parole for relatives.--Law enforcement 
                officials may submit written requests to the 
                Secretary of Homeland Security, in accordance 
                with section 1229b(b)(6) of this title, to 
                permit the parole into the United States of 
                certain relatives of an alien described in 
                subparagraph (A)(i).
                  (C) State and local law enforcement.--The 
                Secretary of Homeland Security, in consultation 
                with the Attorney General, shall--
                          (i) develop materials to assist State 
                        and local law enforcement officials in 
                        working with Federal law enforcement to 
                        obtain continued presence for victims 
                        of a severe form of trafficking in 
                        cases investigated or prosecuted at the 
                        State or local level; and
                          (ii) distribute the materials 
                        developed under clause (i) to State and 
                        local law enforcement officials.
          (4) Training of government personnel.--Appropriate 
        personnel of the Department of State, the Department of 
        Homeland Security, the Department of Health and Human 
        Services, the Department of Labor, the Equal Employment 
        Opportunity Commission, and the Department of Justice 
        shall be trained in identifying victims of severe forms 
        of trafficking and providing for the protection of such 
        victims, including juvenile victims. The Attorney 
        General and the Secretary of Health and Human Services, 
        in consultation with the Secretary of Labor, shall 
        provide training to State and local officials to 
        improve the identification and protection of such 
        victims.

           *       *       *       *       *       *       *

                     Historical and Statutory Notes

     Establishment of Pilot Program for Residential Rehabilitative 
                 Facilities for Victims of Trafficking

    Pub.L. 109-164, Title I, Sec. 102(b), Jan. 10, 2006, 119 
Stat. 3561, as amended Pub. L. 110-457, Title III, 
Sec. Sec. 302(1), 304(b), Dec. 23, 2008, 122 Stat. 5087, 
provided that:
          (1) Study.--
                  (A) In general.--Not later than 180 days 
                after the date of the enactment of this Act 
                [Jan. 10, 2006], the Administrator of the 
                United States Agency for International 
                Development shall carry out a study to identify 
                best practices for the rehabilitation of 
                victims of trafficking in group residential 
                facilities in foreign countries.
                  (B) Factors.--In carrying out the study under 
                subparagraph (A), the Administrator shall--
                          (i) investigate factors relating to 
                        the rehabilitation of victims of 
                        trafficking in group residential 
                        facilities, such as the appropriate 
                        size of such facilities, services to be 
                        provided, length of stay, and cost; and
                          (ii) give consideration to ensure the 
                        safety and security of victims of 
                        trafficking, provide alternative 
                        sources of income for such victims, 
                        assess and provide for the educational 
                        needs of such victims, including 
                        literacy, and assess the psychological 
                        needs of such victims and provide 
                        professional counseling, as 
                        appropriate.
          (2) Pilot program.--Upon completion of the study 
        carried out pursuant to paragraph (1), the 
        Administrator of the United States Agency for 
        International Development shall establish and carry out 
        a pilot program to establish residential treatment 
        facilities in foreign countries for victims of 
        trafficking based upon the best practices identified in 
        the study.
          (3) Purposes.--The purposes of the pilot program 
        established pursuant to paragraph (2) are to--
                  (A) provide benefits and services to victims 
                of trafficking, including shelter, 
                psychological counseling, and assistance in 
                developing independent living skills;
                  (B) assess the benefits of providing 
                residential treatment facilities for victims of 
                trafficking, as well as the most efficient and 
                cost-effective means of providing such 
                facilities; and
                  (C) assess the need for and feasibility of 
                establishing additional residential treatment 
                facilities for victims of trafficking.
          (4) Selection of sites.--The Administrator of the 
        United States Agency for International Development 
        shall select 2 sites at which to operate the pilot 
        program established pursuant to paragraph (2).
          (5) Form of assistance.--In order to carry out the 
        responsibilities of this subsection, the Administrator 
        of the United States Agency for International 
        Development shall enter into contracts with, or make 
        grants to, organizations with relevant expertise in the 
        delivery of services to victims of trafficking.
          (6) Report.--Not later than one year after the date 
        on which the first pilot program is established 
        pursuant to paragraph (2), the Administrator of the 
        United States Agency for International Development 
        shall submit to the Committee on Foreign Affairs of the 
        House of Representatives and the Committee on Foreign 
        Relations of the Senate a report on the implementation 
        of this subsection.
          [(7) Authorization of appropriations.--There are 
        authorized to be appropriated to the Administrator of 
        the United States Agency for International Development 
        to carry out this subsection $2,500,000 for each of the 
        fiscal years 2008 through 2011.]

           *       *       *       *       *       *       *

SEC. 7106. MINIMUM REQUIREMENTS FOR THE ELIMINATION OF TRAFFICKING.

    (a) Minimum Standards.--For purposes of this chapter, the 
minimum standards for the elimination of trafficking applicable 
to the government of a country of origin, transit, or 
destination for victims of severe forms of trafficking are the 
following:
          (1) The government of the country should prohibit 
        severe forms of trafficking in persons and punish acts 
        of such trafficking.
          (2) For the knowing commission of any act of sex 
        trafficking involving force, fraud, coercion, or in 
        which the victim of sex trafficking is a child 
        incapable of giving meaningful consent, or of 
        trafficking which includes rape or kidnapping or which 
        causes a death, the government of the country should 
        prescribe punishment commensurate with that for grave 
        crimes, such as forcible sexual assault.
          (3) For the knowing commission of any act of a severe 
        form of trafficking in persons, the government of the 
        country should prescribe punishment that is 
        sufficiently stringent to deter and that adequately 
        reflects the heinous nature of the offense.
          (4) The government of the country should make serious 
        and sustained efforts to eliminate severe forms of 
        trafficking in persons.
    (b) Criteria.--In determinations under subsection (a)(4) of 
this section, the following factors should be considered as 
indicia of serious and sustained efforts to eliminate severe 
forms of trafficking in persons:
          (1) Whether the government of the country vigorously 
        investigates and prosecutes acts of severe forms of 
        trafficking in persons, and convicts and sentences 
        persons responsible for such acts, that take place 
        wholly or partly within the territory of the country, 
        including, as appropriate, requiring incarceration of 
        individuals convicted of such acts. For purposes of the 
        preceding sentence, suspended or significantly-reduced 
        sentences for convictions of principal actors in cases 
        of severe forms of trafficking in persons shall be 
        considered, on a case-by-case basis, whether to be 
        considered an indicator of serious and sustained 
        efforts to eliminate severe forms of trafficking in 
        persons. After reasonable requests from the Department 
        of State for data regarding investigations, 
        prosecutions, convictions, and sentences, a government 
        which does not provide such data, consistent with the 
        capacity of such government to obtain such data, shall 
        be presumed not to have vigorously investigated, 
        prosecuted, convicted or sentenced such acts. During 
        the periods prior to the annual report submitted on 
        June 1, 2004, and on June 1, 2005, and the periods 
        afterwards until September 30 of each such year, the 
        Secretary of State may disregard the presumption 
        contained in the preceding sentence if the government 
        has provided some data to the Department of State 
        regarding such acts and the Secretary has determined 
        that the government is making a good faith effort to 
        collect such data.
          (2) Whether the government of the country protects 
        victims of severe forms of trafficking in persons and 
        encourages their assistance in the investigation and 
        prosecution of such trafficking, including provisions 
        for legal alternatives to their removal to countries in 
        which they would face retribution or hardship, and 
        ensures that victims are not inappropriately 
        incarcerated, fined, or otherwise penalized solely for 
        unlawful acts as a direct result of being trafficked, 
        including by providing training to law enforcement and 
        immigration officials regarding the identification and 
        treatment of trafficking victims using approaches that 
        focus on the needs of the victims.
          (3) Whether the government of the country has adopted 
        measures to prevent severe forms of trafficking in 
        persons, such as measures to inform and educate the 
        public, including potential victims, about the causes 
        and consequences of severe forms of trafficking in 
        persons, measures to establish the identity of local 
        populations, including birth registration, citizenship, 
        and nationality, measures to ensure that its nationals 
        who are deployed abroad as part of a [peacekeeping] 
        diplomatic, peacekeeping, or other similar mission do 
        not engage in or facilitate severe forms of trafficking 
        in persons or exploit victims of such trafficking[, and 
        measures], a transparent system for remediating or 
        punishing such public officials as a deterrent, 
        measures to prevent the use of forced labor or child 
        labor in violation of international standards, 
        effective bilateral, multilateral, or regional 
        information sharing and cooperation arrangements with 
        source, transit, or destination countries in its 
        trafficking route, and effective policies or laws 
        regulating foreign labor recruiters and holding them 
        civilly and criminally liable for fraudulent 
        recruiting.
          (4) Whether the government of the country cooperates 
        with other governments in the investigation and 
        prosecution of severe forms of trafficking in persons 
        and has entered into bilateral, multilateral, or 
        regional law enforcement cooperation and coordination 
        arrangements with source, transit, and destination 
        countries in its trafficking route.
          (5) Whether the government of the country extradites 
        persons charged with acts of severe forms of 
        trafficking in persons on substantially the same terms 
        and to substantially the same extent as persons charged 
        with other serious crimes (or, to the extent such 
        extradition would be inconsistent with the laws of such 
        country or with international agreements to which the 
        country is a party, whether the government is taking 
        all appropriate measures to modify or replace such laws 
        and treaties so as to permit such extradition).
          (6) Whether the government of the country monitors 
        immigration and emigration patterns for evidence of 
        severe forms of trafficking in persons and whether law 
        enforcement agencies of the country respond to any such 
        evidence in a manner that is consistent with the 
        vigorous investigation and prosecution of acts of such 
        trafficking, as well as with the protection of human 
        rights of victims and the internationally recognized 
        human right to leave any country, including one's own, 
        and to return to one's own country.
          (7) Whether the government of the country vigorously 
        investigates, prosecutes, convicts, and sentences 
        public officials, including diplomats and soldiers, who 
        participate in or facilitate severe forms of 
        trafficking in persons, including nationals of the 
        country who are deployed abroad as part of a 
        [peacekeeping] diplomatic, peacekeeping, or other 
        similar mission who engage in or facilitate severe 
        forms of trafficking in persons or exploit victims of 
        such trafficking, and takes all appropriate measures 
        against officials who condone such trafficking. A 
        government's failure to appropriately address public 
        allegations against such public officials, especially 
        once such officials have returned to their home 
        countries, shall be considered inaction under these 
        criteria. After reasonable requests from the Department 
        of State for data regarding such investigations, 
        prosecutions, convictions, and sentences, a government 
        which does not provide such data consistent with its 
        resources shall be presumed not to have vigorously 
        investigated, prosecuted, convicted, or sentenced such 
        acts. During the periods prior to the annual report 
        submitted on June 1, 2004, and on June 1, 2005, and the 
        periods afterwards until September 30 of each such 
        year, the Secretary of State may disregard the 
        presumption contained in the preceding sentence if the 
        government has provided some data to the Department of 
        State regarding such acts and the Secretary has 
        determined that the government is making a good faith 
        effort to collect such data.
          (8) Whether the percentage of victims of severe forms 
        of trafficking in the country that are non-citizens of 
        such countries is insignificant.
          (9) Whether the government has entered into 
        transparent partnerships, cooperative arrangements, or 
        agreements with--
                  (A) domestic civil society organizations or 
                the private sector to assist the government's 
                efforts to prevent trafficking, protect 
                victims, and punish traffickers; or 
                  (B) the United States toward agreed goals and 
                objectives in the collective fight against 
                trafficking.
          [(9)] (10) Whether the government of the country, 
        consistent with the capacity of such government, 
        systematically monitors its efforts to satisfy the 
        criteria described in paragraphs (1) through (8) and 
        makes available publicly a periodic assessment of such 
        efforts.
          [(10)] (11) Whether the government of the country 
        achieves appreciable progress in eliminating severe 
        forms of trafficking when compared to the assessment in 
        the previous year.
          [(11)] (12) Whether the government of the country has 
        made serious and sustained efforts to reduce the demand 
        for--
                  (A) commercial sex acts; and
                  (B) participation in international sex 
                tourism by nationals of the country.

SEC. 7107. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM 
                    STANDARDS.

    (a) Statement of Policy.--It is the policy of the United 
States not to provide nonhumanitarian, nontrade-related foreign 
assistance to any government that--
          (1) does not comply with minimum standards for the 
        elimination of trafficking; and
          (2) is not making significant efforts to bring itself 
        into compliance with such standards.
    (b) Reports to Congress.-- 
          (1) Annual report.--Not later than June 1 of each 
        year, the Secretary of State shall submit to the 
        appropriate congressional committees a report [with 
        respect to the status of severe forms of trafficking in 
        persons that shall include--] describing the anti-
        trafficking efforts of governments according to the 
        minimum standards and criteria enumerated in section 
        7106, and the nature and scope of trafficking in 
        persons in each country and analysis of the trend lines 
        for individual governmental efforts. The report should 
        include--
                  (A) a list of those countries, if any, to 
                which the minimum standards for the elimination 
                of trafficking are applicable and whose 
                governments fully comply with such standards;
                  (B) a list of those countries, if any, to 
                which the minimum standards for the elimination 
                of trafficking are applicable and whose 
                governments do not yet fully comply with such 
                standards but are making significant efforts to 
                bring themselves into [compliance;] compliance, 
                including the identification and mention of 
                governments that--
                          (i) are on such list and have 
                        demonstrated exemplary progress in 
                        their efforts to reach the minimum 
                        standards; or
                          (ii) have committed to the Secretary 
                        to accomplish certain actions before 
                        the subsequent year's annual report in 
                        an attempt to reach full compliance 
                        with the minimum standards;
                  (C) a list of those countries, if any, to 
                which the minimum standards for the elimination 
                of trafficking are applicable and whose 
                governments do not fully comply with such 
                standards and are not making significant 
                efforts to bring themselves into compliance;
                  (D) information on the measures taken by the 
                United Nations, the Organization for Security 
                and Cooperation in Europe, the North Atlantic 
                Treaty Organization and, as appropriate, other 
                multilateral organizations in which the United 
                States participates, to prevent the involvement 
                of the organization's employees, contractor 
                personnel, and peacekeeping forces in 
                trafficking in persons or the exploitation of 
                victims of trafficking;
                  (E) reporting and analysis on the emergence 
                or shifting of global patterns in human 
                trafficking, including data on the number of 
                victims trafficked to, through, or from major 
                source and destination countries, disaggregated 
                by nationality, gender, and age, to the extent 
                possible[; and];
                  (F) emerging issues in human trafficking[.]; 
                and
                  (G) a section entitled ``Exemplary 
                Governments and Practices in the Eradication of 
                Trafficking in Persons'' to highlight--
                          (i) effective practices and use of 
                        innovation and technology in 
                        prevention, protection, prosecution, 
                        and partnerships, including by foreign 
                        governments, the private sector, and 
                        domestic civil society actors; and
                          (ii) governments that have shown 
                        exemplary overall efforts to combat 
                        trafficking in persons. 
          [(2) Interim reports.--In addition to the annual 
        report under paragraph (1), the Secretary of State may 
        submit to the appropriate congressional committees at 
        any time one or more interim reports with respect to 
        the status of severe forms of trafficking in persons, 
        including information about countries whose 
        governments--
                  [(A) have come into or out of compliance with 
                the minimum standards for the elimination of 
                trafficking; or
                  [(B) have begun or ceased to make significant 
                efforts to bring themselves into compliance, 
                since the transmission of the last annual 
                report.]
          [(3)] (2) Special watch list.-- 
                  (A) Submission of list.--Not later than the 
                date on which the determinations described in 
                subsections (c) and (d) of this section are 
                submitted to the appropriate congressional 
                committees in accordance with such subsections, 
                the Secretary of State shall submit to the 
                appropriate congressional committees a list of 
                countries that the Secretary determines 
                requires special scrutiny during the following 
                year. The list shall be composed of the 
                following countries:
                          (i) Countries that have been listed 
                        pursuant to paragraph (1)(A) in the 
                        current annual report and were listed 
                        pursuant to paragraph (1)(B) in the 
                        previous annual report.
                          (ii) Countries that have been listed 
                        pursuant to paragraph (1)(B) pursuant 
                        to the current annual report and were 
                        listed pursuant to paragraph (1)(C) in 
                        the previous annual report.
                          (iii) Countries that have been listed 
                        pursuant to paragraph (1)(B) pursuant 
                        to the current annual report, where--
                                  (I) the absolute number of 
                                victims of severe forms of 
                                trafficking is very significant 
                                or is significantly increasing;
                                  (II) there is a failure to 
                                provide evidence of increasing 
                                efforts to combat severe forms 
                                of trafficking in persons from 
                                the previous year, including 
                                increased investigations, 
                                prosecutions and convictions of 
                                trafficking crimes, increased 
                                assistance to victims, and 
                                decreasing evidence of 
                                complicity in severe forms of 
                                trafficking by government 
                                officials; or
                                  (III) the determination that 
                                a country is making significant 
                                efforts to bring themselves 
                                into compliance with minimum 
                                standards was based on 
                                commitments by the country to 
                                take additional future steps 
                                over the next year.
                  (B) Interim assessment.--Not later than 
                February 1st of each year, the Secretary of 
                State shall provide to the appropriate 
                congressional committees an assessment of the 
                progress that each country on the special watch 
                list described in subparagraph (A) has made 
                since the last annual report.
                  (C) Relation of special watch list to annual 
                trafficking in persons report.--A determination 
                that a country shall not be placed on the 
                special watch list described in subparagraph 
                (A) shall not affect in any way the 
                determination to be made in the following year 
                as to whether a country is complying with the 
                minimum standards for the elimination of 
                trafficking or whether a country is making 
                significant efforts to bring itself into 
                compliance with such standards.
                  (D) Countries on special watch list for 2 
                consecutive years.-- 
                          (i) In general.--Except as provided 
                        under clause (ii), a country that is 
                        included on the special watch list 
                        described in subparagraph (A) for 2 
                        consecutive years after December 23, 
                        2008, shall be included on the list of 
                        countries described in paragraph 
                        (1)(C).
                          (ii) Exercise of waiver authority.--
                        The President may waive the application 
                        of clause (i) for up to 2 years if the 
                        President determines, and reports 
                        credible evidence to the Committee on 
                        Foreign Relations of the Senate and the 
                        Committee on Foreign Affairs of the 
                        House of Representatives, that such a 
                        waiver is justified because--
                                  (I) the country has a written 
                                plan to begin making 
                                significant efforts to bring 
                                itself into compliance with the 
                                minimum standards for the 
                                elimination of trafficking;
                                  (II) the plan, if 
                                implemented, would constitute 
                                making such significant 
                                efforts; and
                                  (III) the country is devoting 
                                sufficient resources to 
                                implement the plan.
                  (E) Public Notice.--Not later than 30 days 
                after notifying Congress of each country 
                determined to have met the requirements under 
                subclauses (I) through (III) of subparagraph 
                (D)(ii), the Secretary of State shall provide a 
                detailed description of the credible evidence 
                supporting such determination on a publicly 
                available website maintained by the Department 
                of State.
          [(4)] (3) Significant efforts.--In determinations 
        under paragraph (1) or (2) as to whether the government 
        of a country is making significant efforts to bring 
        itself into compliance with the minimum standards for 
        the elimination of trafficking, the Secretary of State 
        shall consider--
                  (A) the extent to which the country is a 
                country of origin, transit, or destination for 
                severe forms of trafficking;
                  (B) the extent of noncompliance with the 
                minimum standards by the government and, 
                particularly, the extent to which officials or 
                employees of the government have participated 
                in, facilitated, condoned, or are otherwise 
                complicit in severe forms of trafficking; and
                  (C) what measures are reasonable to bring the 
                government into compliance with the minimum 
                standards in light of the resources and 
                capabilities of the government.
    (c) Notification.--Not less than 45 days or more than 90 
days after the submission, on or after January 1, 2003, of an 
annual report under subsection (b)(1) of this section, or an 
interim report under subsection (b)(2) of this section, the 
President shall submit to the appropriate congressional 
committees a notification of one of the determinations listed 
in subsection (d) of this section with respect to each foreign 
country whose government, according to such report--
          (1) does not comply with the minimum standards for 
        the elimination of trafficking; and
          (2) is not making significant efforts to bring itself 
        into compliance, as described in subsection (b)(1)(C) 
        of this section.
    (d) Presidential Determinations.--The determinations 
referred to in subsection (c) of this section are the 
following:
          (1) Withholding of nonhumanitarian, nontrade-related 
        assistance.--The President has determined that--
                  (A)(i) the United States will not provide 
                nonhumanitarian, nontrade-related foreign 
                assistance to the government of the country for 
                the subsequent fiscal year until such 
                government complies with the minimum standards 
                or makes significant efforts to bring itself 
                into compliance; or
                  (ii) in the case of a country whose 
                government received no nonhumanitarian, 
                nontrade-related foreign assistance from the 
                United States during the previous fiscal year, 
                the United States will not provide such 
                assistance to the government of the country for 
                the subsequent fiscal year and will not provide 
                funding for participation by officials or 
                employees of such governments in educational 
                and cultural exchange programs for the 
                subsequent fiscal year until such government 
                complies with the minimum standards or makes 
                significant efforts to bring itself into 
                compliance; and
                  (B) the President will instruct the United 
                States Executive Director of each multilateral 
                development bank and of the International 
                Monetary Fund to vote against, and to use the 
                Executive Director's best efforts to deny, any 
                loan or other utilization of the funds of the 
                respective institution to that country (other 
                than for humanitarian assistance, for trade-
                related assistance, or for development 
                assistance which directly addresses basic human 
                needs, is not administered by the government of 
                the sanctioned country, and confers no benefit 
                to that government) for the subsequent fiscal 
                year until such government complies with the 
                minimum standards or makes significant efforts 
                to bring itself into compliance.
          (2) Ongoing, multiple, broad-based restrictions on 
        assistance in response to human rights violations.--The 
        President has determined that such country is already 
        subject to multiple, broad-based restrictions on 
        assistance imposed in significant part in response to 
        human rights abuses and such restrictions are ongoing 
        and are comparable to the restrictions provided in 
        paragraph (1). Such determination shall be accompanied 
        by a description of the specific restriction or 
        restrictions that were the basis for making such 
        determination.
          (3) Subsequent compliance.--The Secretary of State 
        has determined that the government of the country has 
        come into compliance with the minimum standards or is 
        making significant efforts to bring itself into 
        compliance.
          (4) Continuation of assistance in the national 
        interest.--Notwithstanding the failure of the 
        government of the country to comply with minimum 
        standards for the elimination of trafficking and to 
        make significant efforts to bring itself into 
        compliance, the President has determined that the 
        provision to the country of nonhumanitarian, nontrade-
        related foreign assistance or funding for participation 
        in educational and cultural exchange programs, or the 
        multilateral assistance described in paragraph (1)(B), 
        or both, would promote the purposes of this chapter or 
        is otherwise in the national interest of the United 
        States.
          (5) Exercise of waiver authority.--
                  (A) In general.--The President may exercise 
                the authority under paragraph (4) with respect 
                to--
                          (i) all nonhumanitarian, nontrade-
                        related foreign assistance or funding 
                        for participation in educational and 
                        cultural exchange programs to a 
                        country;
                          (ii) all multilateral assistance 
                        described in paragraph (1)(B) to a 
                        country; or
                          (iii) one or more programs, projects, 
                        or activities of such assistance.
                  (B) Avoidance of significant adverse 
                effects.--The President shall exercise the 
                authority under paragraph (4) when necessary to 
                avoid significant adverse effects on vulnerable 
                populations, including women and children.
          (6) Definition of multilateral development bank.--In 
        this subsection, the term ``multilateral development 
        bank'' refers to any of the following institutions: the 
        International Bank for Reconstruction and Development, 
        the International Development Association, the 
        International Finance Corporation, the Inter-American 
        Development Bank, the Asian Development Bank, the 
        Inter-American Investment Corporation, the African 
        Development Bank, the African Development Fund, the 
        European Bank for Reconstruction and Development, and 
        the Multilateral Investment Guaranty Agency.
    (e) Certification.--Together with any notification under 
subsection (c) of this section, the President shall provide a 
certification by the Secretary of State that, with respect to 
any assistance described in clause (ii), (iii), or (v) of 
[section 7102(7)(A)] section 7102(8)(A) of this title, or with 
respect to any assistance described in [section 7102(7)(B)] 
section 7102(8)(B) of this title, no assistance is intended to 
be received or used by any agency or official who has 
participated in, facilitated, or condoned a severe form of 
trafficking in persons.
    (f) After the President has made a determination described 
in subsection (d)(1) of this section with respect to the 
government of a country, the President may at any time make a 
determination described in paragraphs (4) and (5) of subsection 
(d) of this section to waive, in whole or in part, the measures 
imposed against the country by the previous determination under 
subsection (d)(1) of this section.

           *       *       *       *       *       *       *

SEC. 7109A. RESEARCH ON DOMESTIC AND INTERNATIONAL TRAFFICKING IN 
                    PERSONS.

           *       *       *       *       *       *       *

    (b) Role of Human Smuggling and Trafficking Center.--
          (1) In general.--The research initiatives described 
        in paragraphs (4) and (5) of subsection (a) shall be 
        carried out by the Human Smuggling and Trafficking 
        Center, established under section 1777 of Title 8.
          (2) Database.--The database described in subsection 
        (a)(5) shall be established by combining all applicable 
        data collected by each Federal department and agency 
        represented on the Interagency Task Force to Monitor 
        and Combat Trafficking, consistent with the protection 
        of sources and methods, and, to the maximum extent 
        practicable, applicable data from relevant 
        international organizations, to--
                  (A) improve the coordination of the 
                collection of data related to trafficking in 
                persons by each agency of the United States 
                Government that collects such data;
                  (B) promote uniformity of such data 
                collection and standards and systems related to 
                such collection;
                  (C) undertake a meta-analysis of patterns of 
                trafficking in persons, slavery, and slave-like 
                conditions to develop and analyze global trends 
                in human trafficking;
                  (D) identify emerging issues in human 
                trafficking and establishing integrated methods 
                to combat them; and
                  (E) identify research priorities to respond 
                to global patterns and emerging issues.
          (3) Consultation.--The database established in 
        accordance with paragraph (2) shall be maintained in 
        consultation with the Director of the Office to Monitor 
        and Combat Trafficking in Persons of the Department of 
        State.
          (4) Authorization of appropriations.--There are 
        authorized to be appropriated [$2,000,000] $1,000,000 
        to the Human Smuggling and Trafficking Center for each 
        of the fiscal years [2008 through 2011] 2012 through 
        2015 to carry out the activities described in this 
        subsection.

           *       *       *       *       *       *       *

SEC. 7109B. PRESIDENTIAL AWARD FOR EXTRAORDINARY EFFORTS AND 
                    TECHNOLOGICAL INNOVATIONS TO COMBAT TRAFFICKING IN 
                    PERSONS.

    (a) Establishment of Award.--The President is authorized to 
establish an award, to be known as the ``Presidential Award for 
Extraordinary Efforts and technological innovations To Combat 
Trafficking in Persons'', for extraordinary efforts to combat 
trafficking in persons. To the maximum extent practicable, the 
Secretary of State shall present the award annually to not more 
than 5 individuals or organizations, including--
          (1) individuals who are United States citizens or 
        foreign nationals; [and]
          (2) United States or foreign nongovernmental 
        organizations[.];
          (3) private sector entities; and
          (4) national governments or regional and local 
        governmental units.
    (b) Selection.--The President shall establish procedures 
for selecting recipients of the award authorized under 
subsection (a).
    (c) Ceremony.--The Secretary of State shall host an annual 
ceremony for recipients of the award authorized under 
subsection (a) as soon as practicable after the date on which 
the Secretary submits to Congress the report required under 
section 7107(b)(1) of this title. The Secretary of State may 
pay the travel costs of each recipient and a guest of each 
recipient who attends the ceremony.
    (d) Authorization of Appropriations.--There are authorized 
to be appropriated, for each of the fiscal years 2008 through 
2011, such sums as may be necessary to carry out this section.

           *       *       *       *       *       *       *

SEC. 7110. AUTHORIZATIONS OF APPROPRIATIONS.

           *       *       *       *       *       *       *

    (a) Authorization of Appropriations in Support of the Task 
Force.--To carry out the purposes of sections 7103(e), 7103(f) 
and 7107 of this title, there are authorized to be appropriated 
to the Secretary of State [$5,500,000 for each of the fiscal 
years 2008 through 2011] $2,000,000 for each of the fiscal 
years 2012 through 2015. In addition, there are authorized to 
be appropriated to the Office to Monitor and Combat Trafficking 
$1,500,000 for additional personnel, including regional 
trafficking in persons officers, for each of the fiscal years 
2008 through 2011[, and $3,000 for official reception and 
representation expenses for each of the fiscal years 2008 
through 2011].
    (b) Authorization of Appropriations to the Secretary of 
Health and Human Services.--
          (1) Eligibility for benefits and assistance.--To 
        carry out the purposes of section 7105(b) of this 
        title, there are authorized to be appropriated to the 
        Secretary of Health and Human Services [$12,500,000 for 
        each of the fiscal years 2008 through 2011] $14,500,000 
        for each of the fiscal years 2012 through 2015.
          (2) Additional benefits for trafficking victims.--To 
        carry out the purposes of section 7105(f) of this 
        title, there are authorized to be appropriated [to the 
        Secretary of Health and Human Services--] $8,000,000 to 
        the Secretary of Health and Human Services for each of 
        the fiscal years 2012 through 2015. 
                  [(A) $2,500,000 for fiscal year 2008;
                  [(B) $5,000,000 for fiscal year 2009;
                  [(C) $7,000,000 for fiscal year 2010; and
                  [(D) $7,000,000 for fiscal year 2011.]
    (c) Authorization of Appropriations to the Secretary of 
State.--
          (1) Bilateral assistance to combat trafficking.--
                  (A) Prevention.--To carry out the purposes of 
                section 7104 of this title, there are 
                authorized to be appropriated to the Secretary 
                of State $10,000,000 for each of the fiscal 
                years [2008 through 2011] 2012 through 2015.
                  (B) Protection.--To carry out the purposes of 
                section 7105(a) of this title, there are 
                authorized to be appropriated to the Secretary 
                of State [$15,000,000 for fiscal year 2003 and 
                $10,000,000 for each of the fiscal years 2008 
                through 2011] $10,000,000 for each of the 
                fiscal years 2012 through 2015. To carry out 
                the purposes of section 7105(a)(1)(F) of this 
                title, there are authorized to be appropriated 
                to the Secretary of State $1,000,000 for each 
                of the fiscal years [2008 through 2011] 2012 
                through 2015.
                  (C) Prosecution and meeting minimum 
                standards.--To carry out the purposes of 
                section 2152d of this title, there are 
                authorized to be appropriated $10,000,000 for 
                each of the fiscal years [2008 through 2011] 
                2012 through 2015 to assist in promoting 
                prosecution of traffickers and otherwise to 
                assist countries in meeting the minimum 
                standards described in section 7106 of this 
                title, including $250,000 for each such fiscal 
                year to carry out training activities for law 
                enforcement officers, prosecutors, and members 
                of the judiciary with respect to trafficking in 
                persons at the International Law Enforcement 
                Academies.
                  (2) Preparation of annual country reports on 
                human rights.--To carry out the purposes of 
                sections 2151n(f) and 2304(h) of this title, 
                there are authorized to be appropriated to the 
                Secretary of State such sums as may be 
                necessary to include the additional information 
                required by that section in the annual Country 
                Reports on Human Rights Practices.
    (d) Authorization of Appropriations to Attorney General.--
          [(A)] (1) Eligibility for benefits and assistance.--
        To carry out the purposes of section 7105(b) of this 
        title, there are authorized to be appropriated to the 
        Attorney General [$10,000,000 for each of the fiscal 
        years 2008 through 2011] $11,000,000 for each of the 
        fiscal years 2012 through 2015.
          [(B)] (2) Assistance to foreign countries.--To carry 
        out the purposes of section 2152d of this title, there 
        are authorized to be appropriated to the President, 
        acting through the Attorney General and the Secretary 
        of State, $250,000 for each of fiscal years 2008 
        through 2011 to carry out training activities for law 
        enforcement officers, prosecutors, and members of the 
        judiciary with respect to trafficking in persons at the 
        International Law Enforcement Academies.
          [(C)] (3) Additional benefits for trafficking 
        victims.--To carry out the purposes of section 7105(f) 
        of this title, there are authorized to be appropriated 
        [to the Attorney General--] $11,000,000 to the Attorney 
        General for each of the fiscal years 2012 through 2015.
                  [(i) $2,500,000 for fiscal year 2008;
                  [(ii) $5,000,000 for fiscal year 2009;
                  [(iii) $7,000,000 for fiscal year 2010; and
                  [(iv) $7,000,000 for fiscal year 2011.]
    (e) Authorization of Appropriations to President.--
          (1) Foreign victim assistance.--To carry out the 
        purposes of section 7104 of this title, there are 
        authorized to be appropriated to the President 
        [$15,000,000 for each of the fiscal years 2008 through 
        2011] $7,500,000 for each of the fiscal years 2012 
        through 2015.
          (2) Assistance to foreign countries to meet minimum 
        standards.--To carry out the purposes of section 2152d 
        of this title, there are authorized to be appropriated 
        to the President [$15,000,000 for each of the fiscal 
        years 2008 through 2011] $7,500,000 for each of the 
        fiscal years 2012 through 2015.
          (3) Research.--To carry out the purposes of section 
        7109a of this title, there are authorized to be 
        appropriated to the President $2,000,000 for each of 
        the fiscal years 2008 through 2011.
    (f) Authorization of Appropriations to the Secretary of 
Labor.--To carry out the purposes of section 7105(b) of this 
title, there are authorized to be appropriated to the Secretary 
of Labor [$10,000,000 for each of the fiscal years 2008 through 
2011] $5,000,000 for each of the fiscal years 2012 through 
2015.
    (g) Limitation on Use of Funds.-- 
          (1) Restriction on programs.--No funds made available 
        to carry out this chapter, or any amendment made by 
        this chapter, may be used to promote, support, or 
        advocate the legalization or practice of prostitution. 
        Nothing in the preceding sentence shall be construed to 
        preclude assistance designed to promote the purposes of 
        this Act by ameliorating the suffering of, or health 
        risks to, victims while they are being trafficked or 
        after they are out of the situation that resulted from 
        such victims being trafficked.
          (2) Restriction on organizations.--No funds made 
        available to carry out this chapter, or any amendment 
        made by this division, may be used to implement any 
        program that targets victims of severe forms of 
        trafficking in persons described in [section 
        7102(8)(A)] section 7102(9)(A) of this title through 
        any organization that has not stated in either a grant 
        application, a grant agreement, or both, that it does 
        not promote, support, or advocate the legalization or 
        practice of prostitution. The preceding sentence shall 
        not apply to organizations that provide services to 
        individuals solely after they are no longer engaged in 
        activities that resulted from such victims being 
        trafficked.
    (h) Authorization of Appropriations to Director of the 
FBI.--There are authorized to be appropriated to the Director 
of the Federal Bureau of Investigation $15,000,000 for each of 
the fiscal years 2008 through 2011, to remain available until 
expended, to investigate severe forms of trafficking in 
persons.
    (i) Authorization of Appropriations to the Secretary of 
Homeland Security.--There are authorized to be appropriated to 
the Secretary of Homeland Security, [$18,000,000 for each of 
the fiscal years 2008 through 2011] $10,000,000 for each of the 
fiscal years 2012 through 2015, to remain available until 
expended, for investigations by the Bureau of Immigration and 
Customs Enforcement of severe forms of trafficking in persons.

           *       *       *       *       *       *       *

SEC. 7112. ADDITIONAL ACTIVITIES TO MONITOR AND COMBAT FORCED LABOR AND 
                    CHILD LABOR.

    (a) Activities of the Department of State.--
          (1) Finding.--Congress finds that in the report 
        submitted to Congress by the Secretary of State in June 
        2005 pursuant to section 7107(b) of this title, the 
        list of countries whose governments do not comply with 
        the minimum standards for the elimination of 
        trafficking and are not making significant efforts to 
        bring themselves into compliance was composed of a 
        large number of countries in which the trafficking 
        involved forced labor, including the trafficking of 
        women into domestic servitude.
          (2) Sense of congress.--It is the sense of Congress 
        that the Director of the Office to Monitor and Combat 
        Trafficking of the Department of State should intensify 
        the focus of the Office on forced labor in the 
        countries described in paragraph (1) and other 
        countries in which forced labor continues to be a 
        serious human rights concern.
          (3) Information sharing.--The Secretary of State 
        shall, on a regular basis, provide information relating 
        to child labor and forced labor in the production of 
        goods in violation of international standards to the 
        Department of Labor to be used in developing the list 
        described in subsection (b)(2)(C).
    (b) Activities of the Department of Labor.--
          (1) In general.--The Secretary of Labor, acting 
        through the head of the Bureau of International Labor 
        Affairs of the Department of Labor, shall carry out 
        additional activities to monitor and combat forced 
        labor and child labor in foreign countries as described 
        in paragraph (2).
          (2) Additional activities described.--The additional 
        activities referred to in paragraph (1) are--
                  (A) to monitor the use of forced labor and 
                child labor in violation of international 
                standards;
                  (B) to provide information regarding 
                trafficking in persons for the purpose of 
                forced labor to the Office to Monitor and 
                Combat Trafficking of the Department of State 
                for inclusion in trafficking in persons report 
                required by section 7107(b) of this title;
                  (C) to develop and make available to the 
                public a list of goods from countries that the 
                Bureau of International Labor Affairs has 
                reason to believe are produced by forced labor 
                or child labor in violation of international 
                standards;
                  (D) to work with persons who are involved in 
                the production of goods on the list described 
                in subparagraph (C) to create a standard set of 
                practices that will reduce the likelihood that 
                such persons will produce goods using the labor 
                described in such subparagraph; and
                  (E) to consult with other departments and 
                agencies of the United States Government to 
                reduce forced and child labor internationally 
                and ensure that products made by forced labor 
                and child labor in violation of international 
                standards are not imported into the United 
                States.
          (3) Submission to congress.--Not later than December 
        1, 2012, and every 2 years thereafter, the Secretary of 
        Labor shall submit the list developed under paragraph 
        (2)(C) to Congress.

           *       *       *       *       *       *       *

CHAPTER 85--NORTH KOREAN HUMAN RIGHTS 

           *       *       *       *       *       *       *

SEC. 7833. ASSISTANCE PROVIDED OUTSIDE NORTH KOREA.

    (a) Assistance.--The President is authorized to provide 
assistance to support organizations or persons that provide 
humanitarian assistance to North Koreans who are outside of 
North Korea without the permission of the Government of North 
Korea.
    (b) Types of Assistance.--Assistance provided under 
subsection (a) of this section should be used to provide--
          (1) humanitarian assistance to North Korean refugees, 
        defectors, migrants, and orphans outside of North 
        Korea, which may include support for refugee camps or 
        temporary settlements; and
          (2) humanitarian assistance to North Korean women 
        outside of North Korea who are victims of trafficking, 
        as defined in [section 7102(14)] section 7102(15) of 
        this title, or are in danger of being trafficked.
    (c) Authorization of Appropriations.-- 
          (1) In general.--In addition to funds otherwise 
        available for such purposes, there are authorized to be 
        appropriated to the President $20,000,000 for each of 
        the fiscal years 2005 through 2012 to carry out this 
        section.
          (2) Availability.--Amounts appropriated pursuant to 
        the authorization of appropriations under paragraph (1) 
        are authorized to remain available until expended.

           *       *       *       *       *       *       *

TITLE 42--THE PUBLIC HEALTH AND WELFARE

           *       *       *       *       *       *       *

CHAPTER 136--VIOLENT CRIME CONTROL AND LAW ENFORCEMENT 

           *       *       *       *       *       *       *

SEC. 14044. PREVENTION OF DOMESTIC TRAFFICKING IN PERSONS.

           *       *       *       *       *       *       *

    (c) Authorization of Appropriations.--There are authorized 
to be appropriated--
          (1) $1,500,000 for each of the fiscal years 2008 
        through 2011 to carry out the activities described in 
        subsection (a)(1)(B)(i) and $1,500,000 for each of the 
        fiscal years 2008 through 2011 to carry out the 
        activities described in subsection (a)(1)(B)(ii); and
          (2) [$1,000,000 for each of the fiscal years 2008 
        through 2011] $250,000 for each of the fiscal years 
        2012 through 2015 to carry out the activities described 
        in subsection (a)(2).

           *       *       *       *       *       *       *

[SEC. 14044A. ESTABLISHMENT OF A GRANT PROGRAM TO DEVELOP, EXPAND, AND 
                    STRENGTHEN ASSISTANCE PROGRAMS FOR CERTAIN PERSONS 
                    SUBJECT TO TRAFFICKING.

    [(a) Grant Program.--The Secretary of Health and Human 
Services may make grants to States, Indian tribes, units of 
local government, and nonprofit, nongovernmental victims' 
service organizations to establish, develop, expand, and 
strengthen assistance programs for United States citizens or 
aliens admitted for permanent residence who are the subject of 
sex trafficking or severe forms of trafficking in persons that 
occurs, in whole or in part, within the territorial 
jurisdiction of the United States.
    [(b) Selection Factor.--In selecting among applicants for 
grants under subsection (a) of this section, the Secretary 
shall give priority to applicants with experience in the 
delivery of services to persons who have been subjected to 
sexual abuse or commercial sexual exploitation and to 
applicants who would employ survivors of sexual abuse or 
commercial sexual exploitation as a part of their proposed 
project.
    [(c) Limitation on Federal Share.--The Federal share of a 
grant made under this section may not exceed 75 percent of the 
total costs of the projects described in the application 
submitted.
    [(d) Authorization of appropriations.--There are authorized 
to be appropriated $8,000,000 for each of the fiscal years 2008 
through 2011 to carry out the activities described in this 
section.]

SEC. 14404A. 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.
          (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) of title 18, United States Code, or a 
        comparable State law, against a minor.
      (b) Sex Trafficking Block Grants.--
          (1) Grants authorized.--
                  (A) In general.--The Assistant Attorney 
                General, in consultation with the Assistant 
                Secretary, may make block grants to 4 eligible 
                entities located in different regions of the 
                United States to combat sex trafficking of 
                minors.
                  (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;
                          (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) 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) 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.
    (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 2014 and 2015, 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 2012 through 2015 to carry out this 
section.
    (j) GAO Evaluation.--Not later than 30 months after the 
date of the enactment of this Act, the Comptroller General of 
the United States shall submit a report to Congress that 
contains--
          (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) recommendations, if any, regarding any 
        legislative or administrative action the Comptroller 
        General determines appropriate. 

SEC. 14044C. ENHANCING STATE AND LOCAL EFFORTS TO COMBAT TRAFFICKING IN 
                    PERSONS.

    (a) Establishment of Grant Program for Law Enforcement.-- 
          (1) In general.--The Attorney General may make grants 
        to States and local law enforcement agencies to 
        establish, develop, expand, or strengthen programs--
                  (A) to investigate and prosecute acts of 
                severe forms of trafficking in persons, and 
                related offenses[, which involve United States 
                citizens, or aliens admitted for permanent 
                residence, and] that occur, in whole or in 
                part, within the territorial jurisdiction of 
                the United States;
                  (B) to train law enforcement personnel how to 
                identify victims of severe forms of trafficking 
                in persons and related offenses; 
                  [(B)](C) to investigate and prosecute persons 
                who engage in the purchase of commercial sex 
                acts;
                  [(C)](D) to educate persons charged with, or 
                convicted of, purchasing or attempting to 
                purchase commercial sex acts and prioritize the 
                investigations and prosecutions of those cases 
                involving minor victims; and
                  [(D)](E) to educate and train law enforcement 
                personnel in how to establish trust of persons 
                subjected to trafficking and encourage 
                cooperation with prosecution efforts.
          (2) Definition.--In this subsection, the term 
        ``related offenses'' includes violations of tax laws, 
        transacting in illegally derived proceeds, money 
        laundering, racketeering, and other violations of 
        criminal laws committed in connection with an act of 
        sex trafficking or a severe form of trafficking in 
        persons.
    (b) Multi-disciplinary Approach Required.--Grants under 
subsection (a) of this section may be made only for programs in 
which the State or local law enforcement agency works 
collaboratively with social service providers and relevant 
nongovernmental organizations, including organizations with 
experience in the delivery of services to persons who are the 
subject of trafficking in persons.
    (c) Limitation on Federal Share.--The Federal share of a 
grant made under this section may not exceed 75 percent of the 
total costs of the projects described in the application 
submitted.
    (d) No Limitation on Section 14044A Grant Applications.--An 
entity that applies for a grant under section 202 is not 
prohibited from also applying for a grant under this section.
    [(d)] (e) Authorization of Appropriations.--There are 
authorized to be appropriated to the Attorney General to carry 
out this section [$20,000,000 for each of the fiscal years 2008 
through 2011] $10,000,000 for each of the fiscal years 2012 
through 2015.
    (f) GAO Evaluation and Report.--Not later than 30 months 
after the date of enactment of this Act, the Comptroller 
General of the United States shall conduct a study of and 
submit to Congress a report evaluating the impact of this 
section on--
          (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) recommendations, if any, regarding any 
        legislative or administrative action the Comptroller 
        General determines appropriate to improve the ability 
        described in paragraph (1).

           *       *       *       *       *       *       *

SEC. 14044E. DEFINITIONS.

    In this part:
          (1) Severe forms of trafficking in persons.--The term 
        ``severe forms of trafficking in persons'' has the 
        meaning given the term in [section 7102(8)] section 
        7102(9) of Title 22.
          (2) Sex trafficking.--The term ``sex trafficking'' 
        has the meaning given the term in [section 7102(9)] 
        section 7102(10) of Title 22.

           *       *       *       *       *       *       *

          (3) Commercial sex act.--The term ``commercial sex 
        act'' has the meaning given the term in [section 
        7102(3)] section 7102(4) of Title 22.

SEC. 14044F. GRANTS FOR LAW ENFORCEMENT TRAINING PROGRAMS.

    (a) Definitions.--In this section:
          (1) Act of trafficking.--The term ``act of 
        trafficking'' means an act or practice described in 
        [paragraph (8)] paragraph (9) of section 7102 of Title 
        22.
          (2) Eligible entity.--The term ``eligible entity'' 
        means a State or a local government.
          (3) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, Guam, the United States 
        Virgin Islands, the Commonwealth of the Northern 
        Mariana Islands, American Samoa, and any other 
        territory or possession of the United States.
          (4) Victim of trafficking.--The term ``victim of 
        trafficking'' means a person subjected to an act of 
        trafficking.

                                  
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