II 

Calendar No. 193 

112TH CONGRESS 

1ST SESSION 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. 

IN THE SENATE OF THE UNITED STATES 

JUNE 29, 2011 

Mr. LEAHY (for himself, Mr. BROWN of Massachusetts, Mr. KERRY, Mrs. 

BOXER, Mr. CARDIN, Mr. WYDEN, Mrs. FEINSTEIN, Mr. RUBIO, Mr. 

COCHRAN, Mrs. GILLIBRAND, Ms. LANDRIEU, Mr. SCHUMER, Mr. 

BROWN of Ohio, Mr. BURR, Mr. COONS, Mr. AKAKA, Mr. UDALL of Colorado, Ms. MIKULSKI, Mr. HELLER, Mr. ISAKSON, Ms. KLOBUCHAR, Mrs. 

HAGAN, Mr. NELSON of Florida, Ms. STABENOW, and Mr. DURBIN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

OCTOBER 13, 2011 

Reported by Mr. LEAHY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

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. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Trafficking Victims Protection Reauthorization Act of 

4 2011’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—COMBATING INTERNATIONAL TRAFFICKING IN 

PERSONS 

Sec. 101. Regional strategies for combating trafficking in persons. 

Sec. 102. Regional anti-trafficking officers. 

Sec. 103. Partnerships against significant trafficking in persons. 

Sec. 104. Protection and assistance for victims of trafficking. 

Sec. 105. Minimum standards for the elimination of trafficking. 

Sec. 106. Best practices in trafficking in persons eradication. 

Sec. 107. Protections for domestic workers and other nonimmigrants. 

TITLE II—COMBATING TRAFFICKING IN PERSONS IN THE 

UNITED STATES 

Subtitle A—Penalties Against Traffickers and Other Crimes 

Sec. 201. Criminal offenses against traffickers. 

Sec. 202. Civil remedies; clarifying definition. 

Subtitle B—Ensuring Availability of Possible Witnesses and Informants 

Sec. 211. Protections for trafficking victims who cooperate with law enforcement. 

Sec. 212. Protection against fraud in foreign labor contracting. 

Sec. 213. Protections for certain derivative beneficiaries of deceased trafficking 

or crime victims. 

Sec. 214. Consultation with the Attorney General on adjustment of status of 

certain trafficking victims. 

Subtitle C—Ensuring Interagency Coordination and Expanded Reporting 

Sec. 221. Reporting requirements for the Attorney General. 

Sec. 222. Reporting requirements for the Secretary of Labor. 

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

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

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

Subtitle D—Enhancing State and Local Efforts to Combat Trafficking in 

Persons 

Sec. 231. Assistance for domestic minor sex trafficking victims. 

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


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Sec. 233. Model State criminal law protection for child trafficking victims and 

survivors. 

TITLE III—AUTHORIZATION OF APPROPRIATIONS 

Sec. 301. Adjustment of authorization levels for the Trafficking Victims Protection Act of 2000. 

Sec. 302. Adjustment of authorization levels for the Trafficking Victims Protection Reauthorization Act of 2005. 

TITLE IV—UNACCOMPANIED ALIEN CHILDREN 

Sec. 401. Protection for minors seeking asylum. 

Sec. 402. Appropriate custodial settings for unaccompanied minors who reach 

the age of majority while in Federal custody. 

Sec. 403. Appointment of child advocates for unaccompanied minors. 

Sec. 404. Access to Federal foster care and unaccompanied refugee minor protections for certain U Visa recipients. 

Sec. 405. GAO study of the effectiveness of border screenings. 

1 TITLE I—COMBATING INTER2 NATIONAL TRAFFICKING IN 

3 PERSONS 

4 SEC. 101. REGIONAL STRATEGIES FOR COMBATING TRAF5 FICKING IN PERSONS. 

6 Section 105 of the Trafficking Victims Protection Act 

7 of 2000 (22 U.S.C. 7103) is amended— 

8 (1) in subsection (d)(7)(J), by striking ‘‘section 

9 105(f) of this division’’ and inserting ‘‘subsection 

10 (g)’’; 

11 (2) in subsection (e)(2)— 

12 (A) by striking ‘‘(2) COORDINATION OF

13 CERTAIN ACTIVITIES.—’’ and all that follows 

14 through ‘‘exploitation.’’; 

15 (B) by redesignating subparagraph (B) as 

16 paragraph (2); and 


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1 (C) by redesignating clauses (i) and (ii) as 

2 subparagraphs (A) and (B), respectively; 

3 (3) by redesignating subsection (f) as sub4 section (g); and 

5 (4) by inserting after subsection (e) the fol6 lowing: 

7 ‘‘(f) REGIONAL STRATEGIES FOR COMBATING TRAF8 FICKING IN PERSONS.—Each regional bureau in the De9 partment of State shall contribute to the realization of the 

10 anti-trafficking goals and objectives of the Secretary of 

11 State. By June 30 of each year, in cooperation with the 

12 Office to Monitor and Combat Trafficking, each regional 

13 bureau shall submit a list of anti-trafficking goals and ob14 jectives for each country in its geographic area of responsi15 bility. Host governments shall be informed of the goals 

16 and objectives for their particular country by June 30 and, 

17 to the extent possible, host government officials should 

18 contribute to the drafting of the goals and objectives.’’. 

19 SEC. 102. REGIONAL ANTI-TRAFFICKING OFFICERS. 

20 Section 106 of the Trafficking Victims Protection Act 

21 of 2000 (22 U.S.C. 7104) is amended— 

22 (1) by redesignating subsections (e), (f), (g), 

23 and (h) as subsections (f), (g), (h), and (i), respec24 tively; and 


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1 (2) by inserting after subsection (d), the fol2 lowing: 

3 ‘‘(e) REGIONAL ANTI-TRAFFICKING IN PERSONS OF4 FICERS.—Under the authority, direction, and control of 

5 the President, the Secretary of State, in accordance with 

6 the provisions of this Act, and in order to promote effec7 tive bilateral and regional anti-trafficking diplomacy, pub8 lic diplomacy initiatives, and coordination of programs, is 

9 authorized— 

10 ‘‘(1) to appoint, at United States embassies, 

11 anti-trafficking in persons officers, who shall collabo12 rate with other countries to eliminate human traf13 ficking; and 

14 ‘‘(2) to use the officers appointed under para15 graph (1) for tasks such as— 

16 ‘‘(A) expanding the anti-trafficking efforts 

17 of the Office to Monitor and Combat Traf18 ficking in Persons of the Department of State; 

19 ‘‘(B) monitoring trafficking trends in the 

20 region; 

21 ‘‘(C) assessing compliance with the provi22 sions of this Act; and 

23 ‘‘(D) assisting and advising United States 

24 embassies overseas on the preparation of the 

25 annual Trafficking in Persons Report.’’. 


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1 SEC. 103. PARTNERSHIPS AGAINST SIGNIFICANT TRAF2 FICKING IN PERSONS. 

3 The Trafficking Victims Protection Act of 2000 is 

4 amended— 

5 (1) in section 105(e)(2) (22 U.S.C. 

6 7103(e)(2))— 

7 (A) by striking ‘‘(2) COORDINATION’’ and 

8 all that follows through ‘‘ASSISTANCE’’ and in9 serting the following: 

10 ‘‘(2) UNITED STATES ASSISTANCE.—’’; and 

11 (B) by redesignating clauses (i) and (ii) as 

12 subparagraphs (A) and (B) and moving such 

13 subparagraphs, as so redesignated, 2 ems to the 

14 left; 

15 (2) by inserting after section 105 (22 U.S.C. 

16 7103) the following: 

17 ‘‘SEC. 105A. CREATING, BUILDING, AND STRENGTHENING 

18 PARTNERSHIPS AGAINST SIGNIFICANT TRAF19 FICKING IN PERSONS. 

20 ‘‘(a) DECLARATION OF PURPOSE.—The purpose of 

21 this section is to promote collaboration and cooperation— 

22 ‘‘(1) between the United States Government 

23 and governments listed on the annual Trafficking in 

24 Persons Report; 

25 ‘‘(2) between foreign governments and civil so26 ciety actors; and 


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1 ‘‘(3) between the United States Government 

2 and private sector entities. 

3 ‘‘(b) PARTNERSHIPS.—The Director, in coordination 

4 and cooperation with other officials at the Department of 

5 State involved in corporate responsibility and global part6 nerships, the Deputy Under Secretary for International 

7 Affairs of the Department of Labor, and other relevant 

8 officials of the United States Government, shall promote, 

9 build, and sustain partnerships between the United States 

10 Government and private entities, including foundations, 

11 universities, corporations, community-based organizations, 

12 and other nongovernmental organizations, to ensure 

13 that— 

14 ‘‘(1) United States citizens do not use any item, 

15 product, or material produced or extracted with the 

16 use and labor from victims of severe forms of traf17 ficking; and 

18 ‘‘(2) such entities do not contribute to traf19 ficking in persons involving sexual exploitation. 

20 ‘‘(c) ADDITIONAL MEASURES TO ENHANCE ANTI21 TRAFFICKING RESPONSE AND CAPACITY.—The President 

22 shall establish and carry out programs with foreign gov23 ernments and civil society to enhance anti-trafficking re24 sponse and capacity, including— 


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1 ‘‘(1) technical assistance and other support to 

2 improve the capacity of foreign governments to in3 vestigate, identify, and carry out inspections of pri4 vate entities, including labor recruitment centers, at 

5 which trafficking victims may be exploited, particu6 larly exploitation involving forced and child labor; 

7 ‘‘(2) technical assistance and other support for 

8 foreign governments and nongovernmental organiza9 tions to provide immigrant populations with infor10 mation, in the native languages of the major immi11 grant groups of such populations, regarding the 

12 rights of such populations in the foreign country and 

13 local in-country nongovernmental organization-oper14 ated hotlines; 

15 ‘‘(3) technical assistance to provide legal frame16 works and other programs to foreign governments 

17 and nongovernmental organizations to ensure that— 

18 ‘‘(A) foreign migrant workers are provided 

19 the same protection as nationals of the foreign 

20 country; 

21 ‘‘(B) labor recruitment firms are regulated; 

22 and 

23 ‘‘(C) workers providing domestic services 

24 in households are provided protection under 

25 labor rights laws; and 


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1 ‘‘(4) assistance to foreign governments to reg2 ister vulnerable populations as citizens or nationals 

3 of the country to reduce the ability of traffickers to 

4 exploit such populations. 

5 ‘‘(d) PROGRAM TO ADDRESS EMERGENCY SITUA6 TIONS.—The Secretary of State, acting through the Am7 bassador-at-Large of the Office to Monitor and Combat 

8 Trafficking in Persons, is authorized to establish a fund 

9 to assist foreign governments in meeting unexpected, ur10 gent needs in prevention of trafficking in persons, protec11 tion of victims, and prosecution of trafficking offenders. 

12 ‘‘(e) CHILD PROTECTION COMPACTS.— 

13 ‘‘(1) IN GENERAL.—The Secretary of State, 

14 acting through the Ambassador-at-Large of the Of15 fice to Monitor and Combat Trafficking in Persons 

16 and in consultation with the Bureau of Democracy, 

17 Human Rights, and Labor, the Bureau of Inter18 national Labor Affairs of the Department of Labor, 

19 the United States Agency for International Develop20 ment, and other relevant agencies, is authorized to 

21 provide assistance under this section for each coun22 try that enters into a child protection compact with 

23 the United States to support policies and programs 

24 that— 


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1 ‘‘(A) prevent and respond to violence, ex2 ploitation, and abuse against children; and 

3 ‘‘(B) measurably reduce severe forms of 

4 trafficking in children by building sustainable 

5 and effective systems of justice and protection. 

6 ‘‘(2) ELEMENTS.—A child protection compact 

7 under this subsection shall establish a multi-year 

8 plan for achieving shared objectives in furtherance of 

9 the purposes of this Act, and shall describe— 

10 ‘‘(A) the specific objectives the foreign gov11 ernment and the United States Government ex12 pect to achieve during the term of the compact; 

13 ‘‘(B) the responsibilities of the foreign gov14 ernment and the United States Government in 

15 the achievement of such objectives; 

16 ‘‘(C) the particular programs or initiatives 

17 to be undertaken in the achievement of such ob18 jectives and the amount of funding to be allo19 cated to each program or initiative by both 

20 countries; 

21 ‘‘(D) regular outcome indicators to monitor 

22 and measure progress toward achieving such 

23 objectives; and 

24 ‘‘(E) a multi-year financial plan, including 

25 the estimated amount of contributions by the 


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1 United States Government and the foreign gov2 ernment, and proposed mechanisms to imple3 ment the plan and provide oversight. 

4 ‘‘(3) FORM OF ASSISTANCE.—Assistance under 

5 this subsection may be provided in the form of 

6 grants, cooperative agreements, or contracts to or 

7 with national governments, regional or local govern8 mental units, or non-governmental organizations or 

9 private entities with expertise in the protection of 

10 victims of severe forms of trafficking in persons. 

11 ‘‘(4) ELIGIBLE COUNTRIES.—The Secretary of 

12 State, acting through the Office to Monitor and 

13 Combat Trafficking in Persons, and in consultation 

14 with the agencies set forth in paragraph (1) and rel15 evant officers of the Department of Justice, shall se16 lect countries with which to enter into child protec17 tion compacts. The selection of countries under this 

18 paragraph shall be based on— 

19 ‘‘(A) the selection criteria set forth in 

20 paragraph (5); and 

21 ‘‘(B) objective, documented, and quantifi22 able indicators, to the maximum extent possible. 

23 ‘‘(5) SELECTION CRITERIA.—A country shall be 

24 selected under paragraph (4) on the basis of— 


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1 ‘‘(A) a documented high prevalence of traf2 ficking in persons within the country; and 

3 ‘‘(B) demonstrated political will and sus4 tained commitment by the government of such 

5 country to undertake meaningful measures to 

6 address severe forms of trafficking in persons, 

7 including protection of victims and the enact8 ment and enforcement of anti-trafficking laws 

9 against perpetrators. 

10 ‘‘(6) SUSPENSION AND TERMINATION OF AS11 SISTANCE.— 

12 ‘‘(A) IN GENERAL.—The Secretary may 

13 suspend or terminate assistance provided under 

14 this subsection in whole or in part for a country 

15 or entity if the Secretary determines that— 

16 ‘‘(i) the country or entity is engaged 

17 in activities that are contrary to the na18 tional security interests of the United 

19 States; 

20 ‘‘(ii) the country or entity has en21 gaged in a pattern of actions inconsistent 

22 with the criteria used to determine the eli23 gibility of the country or entity, as the case 

24 may be; or 


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1 ‘‘(iii) the country or entity has failed 

2 to adhere to its responsibilities under the 

3 Compact. 

4 ‘‘(B) REINSTATEMENT.—The Secretary 

5 may reinstate assistance for a country or entity 

6 suspended or terminated under this paragraph 

7 only if the Secretary determines that the coun8 try or entity has demonstrated a commitment 

9 to correcting each condition for which assist10 ance was suspended or terminated under sub11 paragraph (A).’’. 

12 SEC. 104. PROTECTION AND ASSISTANCE FOR VICTIMS OF 

13 TRAFFICKING. 

14 (a) TASK FORCE ACTIVITIES.—Section 105(d)(6) of 

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

16 7103(d)(6)) is amended by inserting ‘‘, and make reason17 able efforts to distribute information to enable all Federal 

18 Government agencies to publicize the National Human 

19 Trafficking Resource Center Hotline on their websites, in 

20 all headquarters offices, and in all field offices throughout 

21 the United States’’ before the period at the end. 

22 (b) CONGRESSIONAL BRIEFING.—Section 107(a)(2) 

23 of the Trafficking Victims Protection Act of 2000 (22 

24 U.S.C. 7105(a)(2)) is amended by inserting ‘‘and shall 


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1 brief Congress annually on such efforts’’ before the period 

2 at the end. 

3 SEC. 105. MINIMUM STANDARDS FOR THE ELIMINATION OF 

4 TRAFFICKING. 

5 Section 108(b) of the Trafficking Victims Protection 

6 Act of 2000 (22 U.S.C. 7106(b)) is amended— 

7 (1) in paragraph (3)— 

8 (A) by striking ‘‘peacekeeping’’ and insert9 ing ‘‘diplomatic, peacekeeping,’’; 

10 (B) by striking ‘‘, and measures’’ and in11 serting ‘‘, a transparent system for remediating 

12 or punishing such public officials as a deter13 rent, measures’’; and 

14 (C) by inserting ‘‘, effective bilateral, mul15 tilateral, or regional information sharing and 

16 cooperation arrangements with source, transit, 

17 or destination countries in its trafficking route, 

18 and effective policies or laws regulating foreign 

19 labor recruiters and holding them civilly and 

20 criminally liable for fraudulent recruiting’’ be21 fore the period at the end; 

22 (2) in paragraph (4), by inserting ‘‘and has en23 tered into bilateral, multilateral, or regional law en24 forcement cooperation and coordination arrangeVerDate Mar 15 2010 22:42 Oct 13, 2011 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6401 E:\BILLS\S1301.RS S1301

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1 ments with source, transit, and destination countries 

2 in its trafficking route’’ before the period at the end; 

3 (3) in paragraph (7)— 

4 (A) by inserting ‘‘, including diplomats and 

5 soldiers,’’ after ‘‘public officials’’; 

6 (B) by striking ‘‘peacekeeping’’ and insert7 ing ‘‘diplomatic, peacekeeping,’’; and 

8 (C) by inserting ‘‘A government’s failure to 

9 remediate public allegations against such public 

10 officials, especially once such officials have re11 turned to their home countries, shall be consid12 ered inaction under these criteria.’’ after ‘‘such 

13 trafficking.’’; 

14 (4) by redesignating paragraphs (9) through 

15 (11) as paragraphs (10) through (12), respectively; 

16 and 

17 (5) by inserting after paragraph (8) the fol18 lowing: 

19 ‘‘(9) Whether the government has entered into 

20 transparent partnerships, cooperative arrangements, 

21 or agreements with— 

22 ‘‘(A) domestic civil society organizations or 

23 the private sector to assist the government’s ef24 forts to prevent trafficking, protect victims, and 

25 punish traffickers; or 


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1 ‘‘(B) the United States toward agreed 

2 goals and objectives in the collective fight 

3 against trafficking.’’. 

4 SEC. 106. BEST PRACTICES IN TRAFFICKING IN PERSONS 

5 ERADICATION. 

6 Section 110(b) of the Trafficking Victims Protection 

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

8 (1) in paragraph (1)— 

9 (A) by striking ‘‘with respect to the status 

10 of severe forms of trafficking in persons that 

11 shall include—’’ and inserting ‘‘describing the 

12 anti-trafficking efforts of the United States and 

13 foreign governments according to the minimum 

14 standards and criteria enumerated in section 

15 108, and the nature and scope of trafficking in 

16 persons in each country and analysis of the 

17 trend lines for individual governmental efforts. 

18 The report shall include—’’; 

19 (B) in subparagraph (B), by striking 

20 ‘‘compliance;’’ and inserting ‘‘compliance, in21 cluding the identification and mention of gov22 ernments that— 

23 ‘‘(A) are on such list and have dem24 onstrated exemplary progress in their efforts to 

25 reach the minimum standards; or 


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1 ‘‘(B) have entered into an agreement with 

2 the Secretary to accomplish certain actions be3 fore the subsequent year’s annual report in an 

4 attempt to reach full compliance with the min5 imum standards;’’; 

6 (C) in subparagraph (E), by striking ‘‘; 

7 and’’; and inserting a semicolon; 

8 (D) in subparagraph (F), by striking the 

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

10 (E) by inserting at the end the following: 

11 ‘‘(G) a section entitled ‘Exemplary Govern12 ments and Practices in the Eradication of Traf13 ficking in Persons’ to highlight— 

14 ‘‘(i) effective practices and use of in15 novation and technology in prevention, pro16 tection, prosecution, and partnerships, in17 cluding by foreign governments, the private 

18 sector, and domestic civil society actors; 

19 and 

20 ‘‘(ii) governments that have shown ex21 emplary overall efforts to combat traf22 ficking in persons.’’; 

23 (2) by striking paragraph (2); and 

24 (3) in paragraph (3), by adding at the end the 

25 following: 


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1 ‘‘(E) PUBLIC NOTICE.—Not later than 30 

2 days after notifying Congress of each country 

3 determined to have met the requirements under 

4 subclauses (I) through (III) of subparagraph 

5 (A)(iii), the Secretary of State shall provide a 

6 detailed description of the credible evidence 

7 supporting such determination on a publicly 

8 available website maintained by the Department 

9 of State.’’. 

10 SEC. 107. PROTECTIONS FOR DOMESTIC WORKERS AND 

11 OTHER NONIMMIGRANTS. 

12 Section 202 of the William Wilberforce Trafficking 

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

14 1375b) is amended— 

15 (1) in subsection (a)— 

16 (A) in the subsection heading, by inserting 

17 ‘‘AND VIDEO FOR CONSULAR WAITING ROOMS’’ 

18 after ‘‘INFORMATION PAMPHLET’’; and 

19 (B) in paragraph (1)— 

20 (i) by inserting ‘‘and video’’ after ‘‘in21 formation pamphlet’’; and 

22 (ii) by adding at the end the fol23 lowing: ‘‘The video shall be distributed and 

24 shown in consular waiting rooms in embas25 sies and consulates determined to have the 


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1 greatest concentration of employment or 

2 education-based non-immigrant visa appli3 cants, and where sufficient video facilities 

4 exist in waiting or other rooms where ap5 plicants wait or convene. The Secretary of 

6 State is authorized to augment video facili7 ties in such consulates or embassies in 

8 order to fulfill the purposes of this sec9 tion.’’; 

10 (2) in subsection (b), by inserting ‘‘and video’’ 

11 after ‘‘information pamphlet’’; 

12 (3) in subsection (c)— 

13 (A) in paragraph (1), by inserting ‘‘and 

14 produce or dub the video’’ after ‘‘information 

15 pamphlet’’; and 

16 (B) in paragraph (2), by inserting ‘‘and 

17 the video produced or dubbed’’ after ‘‘trans18 lated’’; and 

19 (4) in subsection (d)— 

20 (A) in paragraph (1), by inserting ‘‘and 

21 video’’ after ‘‘information pamphlet’’; 

22 (B) in paragraph (2), by inserting ‘‘and 

23 video’’ after ‘‘information pamphlet’’; and 

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


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1 ‘‘(4) DEADLINE FOR VIDEO DEVELOPMENT AND

2 DISTRIBUTION.—Not later than 1 year after the 

3 date of the enactment of the Trafficking Victims 

4 Protection Reauthorization Act of 2011, the Sec5 retary of State shall make available the video devel6 oped under subsection (a) produced or dubbed in all 

7 the languages referred to in subsection (c).’’. 

8 TITLE II—COMBATING TRAF9 FICKING IN PERSONS IN THE 

10 UNITED STATES 

11 Subtitle A—Penalties Against 

12 Traffickers and Other Crimes 

13 SEC. 201. CRIMINAL OFFENSES AGAINST TRAFFICKERS. 

14 (a) RICO AMENDMENT.—Section 1961(1)(B) of title 

15 18, United States Code, is amended by inserting ‘‘section 

16 1351 (relating to fraud in foreign labor contracting),’’ be17 fore ‘‘section 1425’’. 

18 (b) ENGAGING IN ILLICIT SEXUAL CONDUCT IN FOR19 EIGN PLACES.—Section 2423(c) of title 18, United States 

20 Code, is amended by inserting ‘‘or resides, either tempo21 rarily or permanently, in a foreign country’’ after ‘‘com22 merce’’. 

23 (c) UNLAWFUL CONDUCT WITH RESPECT TO DOCU24 MENTS.— 


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1 (1) IN GENERAL.—Chapter 77 of title 18, 

2 United States Code, is amended by adding at the 

3 end the following: 

4 ‘‘§ 1597. Unlawful conduct with respect to immigra5 tion documents 

6 ‘‘(a) DESTRUCTION, CONCEALMENT, REMOVAL, CON7 FISCATION, OR POSSESSION OF IMMIGRATION DOCU8 MENTS.—It shall be unlawful for any person to knowingly 

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

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

11 passport or other immigration document of another indi12 vidual— 

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

14 of this title or section 274 of the Immigration and 

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

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

17 title or section 274 of the Immigration and Nation18 ality Act (8 U.S.C. 1324); or 

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

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

21 the individual. 

22 ‘‘(b) PENALTY.—Any person who violates subsection 

23 (a) shall be fined under this title, imprisoned for not more 

24 than 1 year, or both. 


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1 ‘‘(c) OBSTRUCTION.—Any person who obstructs, at2 tempts to obstruct, or in any way interferes with or pre3 vents the enforcement of this section, shall be subject to 

4 the penalties described in subsection (b).’’. 

5 (2) TECHNICAL AND CONFORMING AMEND6 MENT.—The table of sections for chapter 77 of title 

7 18, United States Code, is amended by adding at 

8 the end the following: 

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

9 SEC. 202. CIVIL REMEDIES; CLARIFYING DEFINITION. 

10 (a) CIVIL REMEDY FOR PERSONAL INJURIES.—Sec11 tion 2255 of title 18, United States Code, is amended— 

12 (1) in subsection (a), by striking ‘‘section 

13 2241(c)’’ and inserting ‘‘section 1589, 1590, 1591, 

14 2241(c)’’; and 

15 (2) in subsection (b), by striking ‘‘six years’’ 

16 and inserting ‘‘10 years’’. 

17 (b) DEFINITION.— 

18 (1) IN GENERAL.—Section 103 of the Traf19 ficking Victims Protection Act of 2000 (22 U.S.C. 

20 7102) is amended— 

21 (A) by redesignating paragraphs (1) 

22 through (14) as paragraphs (2) through (15), 

23 respectively; 

24 (B) by inserting before paragraph (2), as 

25 redesignated, the following: 


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1 ‘‘(1) ABUSE OR THREATENED ABUSE OF LAW

2 OR LEGAL PROCESS.—The term ‘abuse or threatened 

3 abuse of the legal process’ means the use or threat4 ened use of a law or legal process, whether adminis5 trative, civil, or criminal, in any manner or for any 

6 purpose for which the law was not designed, in order 

7 to exert pressure on another person to cause that 

8 person to take some action or refrain from taking 

9 some action.’’; 

10 (C) in paragraph (14), as redesignated, by 

11 striking ‘‘paragraph (8)’’ and inserting ‘‘para12 graph (9)’’; and 

13 (D) in paragraph (15), as redesignated, by 

14 striking ‘‘paragraph (8) or (9)’’ and inserting 

15 ‘‘paragraph (9) or (10)’’. 

16 (2) TECHNICAL AND CONFORMING AMEND17 MENTS.— 

18 (A) TRAFFICKING VICTIMS PROTECTION

19 ACT OF 2000.—The Trafficking Victims Protec20 tion Act of 2000 (22 U.S.C. 7101 et seq.) is 

21 amended— 

22 (i) in section 110(e) (22 U.S.C. 

23 7107(e))— 


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1 (I) by striking ‘‘section 

2 103(7)(A)’’ and inserting ‘‘section 

3 103(8)(A)’’; and 

4 (II) by striking ‘‘section 

5 103(7)(B)’’ and inserting ‘‘section 

6 103(8)(B)’’; and 

7 (ii) in section 113(g)(2) (22 U.S.C. 

8 7110(g)(2)), by striking ‘‘section 

9 103(8)(A)’’ and inserting ‘‘section 

10 103(9)(A)’’. 

11 (B) NORTH KOREAN HUMAN RIGHTS ACT

12 OF 2004.—Section 203(b)(2) of the North Ko13 rean Human Rights Act of 2004 (22 U.S.C. 

14 7833(b)(2)) is amended by striking ‘‘section 

15 103(14)’’ and inserting ‘‘section 103(15)’’. 

16 (C) TRAFFICKING VICTIMS PROTECTION

17 REAUTHORIZATION ACT OF 2005.—Section 207 

18 of the Trafficking Victims Protection Reauthor19 ization Act of 2005 (42 U.S.C. 14044e) is 

20 amended— 

21 (i) in paragraph (1), by striking ‘‘sec22 tion 103(8)’’ and inserting ‘‘section 

23 103(9)’’; 


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1 (ii) in paragraph (2), by striking ‘‘sec2 tion 103(9)’’ and inserting ‘‘section 

3 103(10)’’; and 

4 (iii) in paragraph (3), by striking 

5 ‘‘section 103(3)’’ and inserting ‘‘section 

6 103(4)’’. 

7 (D) VIOLENCE AGAINST WOMEN AND DE8 PARTMENT OF JUSTICE REAUTHORIZATION ACT

9 OF 2005.—Section 111(a)(1) of the Violence 

10 Against Women and Department of Justice Re11 authorization Act of 2005 (42 U.S.C. 

12 14044f(a)(1)) is amended by striking ‘‘para13 graph (8)’’ and inserting ‘‘paragraph (9)’’. 

14 Subtitle B—Ensuring Availability 

15 of Possible Witnesses and In16 formants 

17 SEC. 211. PROTECTIONS FOR TRAFFICKING VICTIMS WHO 

18 COOPERATE WITH LAW ENFORCEMENT. 

19 Section 101(a)(15)(T) of the Immigration and Na20 tionality Act (8 U.S.C. 1101(a)(15)(T)) is amended— 

21 (1) in clause (i)— 

22 (A) in subclause (II)— 

23 (i) by inserting ‘‘(aa)’’ after (II); and 

24 (ii) by adding at the end the fol25 lowing: ‘‘or 


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1 ‘‘(bb) had been in the United States 

2 on account of such trafficking, which took 

3 place during the most recent 5-year period, 

4 and fled from the United States— 

5 ‘‘(AA) to escape a serious threat 

6 based on that trafficking; or 

7 ‘‘(BB) to protect the life or safe8 ty of an individual described in clause 

9 (ii) from a threat posed by the traf10 fickers or their associates;’’; 

11 (B) in subclause (III)(bb), by inserting ‘‘, 

12 including a reasonable fear of retaliation posed 

13 by the traffickers or their associates against an 

14 individual described in clause (ii)’’ after ‘‘trau15 ma’’; and 

16 (C) in subclause (IV), by inserting ‘‘or by 

17 remaining in, or returning to, the alien’s coun18 try of origin, if the alien had previously fled the 

19 United States under the conditions described in 

20 subclause (II)(bb)’’ after ‘‘removal’’; and 

21 (2) in clause (ii)(III), by inserting ‘‘, or any 

22 adult or minor children of a derivative beneficiary of 

23 the alien, as’’ after ‘‘age’’. 


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1 SEC. 212. PROTECTION AGAINST FRAUD IN FOREIGN 

2 LABOR CONTRACTING. 

3 Section 101(a)(15)(U)(iii) of the Immigration and 

4 Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)) is amended 

5 by inserting ‘‘fraud in foreign labor contracting (as de6 fined in section 1351 of title 18, United States Code);’’ 

7 after ‘‘perjury;’’. 

8 SEC. 213. PROTECTIONS FOR CERTAIN DERIVATIVE BENE9 FICIARIES OF DECEASED TRAFFICKING OR 

10 CRIME VICTIMS. 

11 Section 204(l)(2) of the Immigration and Nationality 

12 Act (8 U.S.C. 1154(l)(2)) is amended— 

13 (1) by redesignating subparagraph (F) as sub14 paragraph (H); and 

15 (2) by striking subparagraph (E) and inserting 

16 the following: 

17 ‘‘(E) a derivative beneficiary of an alien 

18 admitted in ‘T’ nonimmigrant status (as de19 scribed in section 101(a)(15)(T)(ii)); 

20 ‘‘(F) a derivative beneficiary of an alien 

21 admitted in ‘U’ nonimmigrant status (as de22 scribed in section 101(a)(15)(U)(ii)); 

23 ‘‘(G) a derivative beneficiary of an alien 

24 who was a VAWA self-petitioner; or’’. 


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1 SEC. 214. CONSULTATION WITH THE ATTORNEY GENERAL 

2 ON ADJUSTMENT OF STATUS OF CERTAIN 

3 TRAFFICKING VICTIMS. 

4 Section 245(l)(1) of the Immigration and Nationality 

5 Act (8 U.S.C. 1255(l)(1)) is amended, in the matter pre6 ceding subparagraph (A), by inserting a comma after ‘‘ap7 propriate’’. 

8 Subtitle C—Ensuring Interagency 

9 Coordination and Expanded Re10 porting 

11 SEC. 221. REPORTING REQUIREMENTS FOR THE ATTORNEY 

12 GENERAL. 

13 Section 105(d)(7) of the Trafficking Victims Protec14 tion Act of 2000 (22 U.S.C. 7103(d)(7)) is amended— 

15 (1) by redesignating subparagraphs (D) 

16 through (J) as subparagraphs (F) through (L); 

17 (2) by striking subparagraph (C) and inserting 

18 the following: 

19 ‘‘(C) the number of persons who have ap20 plied for, been granted, or been denied a visa or 

21 otherwise provided status under subparagraph 

22 (T)(i) or (U)(i) of section 101(a)(15) of the Im23 migration and Nationality Act (8 U.S.C. 

24 1101(a)(15)) during the preceding fiscal year; 

25 ‘‘(D) the mean and median time in which 

26 it takes to adjudicate applications submitted 


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1 under the provisions of law set forth in sub2 paragraph (C), including the time between the 

3 receipt of an application and the issuance of a 

4 visa and work authorization; 

5 ‘‘(E) any efforts being taken to reduce the 

6 adjudication and processing time, while ensur7 ing the safe and competent processing of the 

8 applications;’’; 

9 (3) in subparagraph (I)(iii), by striking ‘‘and’’ 

10 at the end; 

11 (4) in subparagraph (J), by striking the period 

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

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

14 ‘‘(K) the activities undertaken by Federal 

15 agencies to train appropriate State, tribal, and 

16 local government and law enforcement officials 

17 to identify victims of severe forms of traf18 ficking, including both sex and labor traf19 ficking; 

20 ‘‘(L) the activities undertaken by Federal 

21 agencies in cooperation with State, tribal, and 

22 local law enforcement officials to identify, inves23 tigate, and prosecute offenses under sections 

24 1581, 1583, 1584, 1589, 1590, 1592, and 1594 


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1 of title 18, United States Code, or equivalent 

2 State offenses, including, in each fiscal year— 

3 ‘‘(i) the number, age, gender, country 

4 of origin, and citizenship status of victims 

5 identified for each offense; 

6 ‘‘(ii) the number of individuals 

7 charged, and the number of individuals 

8 convicted, under each offense; 

9 ‘‘(iii) the number of individuals re10 ferred for prosecution for State offenses, 

11 including offenses relating to the pur12 chasing of commercial sex acts; 

13 ‘‘(iv) the number of victims granted 

14 continued presence in the United States 

15 under section 107(c)(3); and 

16 ‘‘(v) the number of victims granted a 

17 visa or otherwise provided status under 

18 subparagraph (T)(i) or (U)(i) of section 

19 101(a)(15) of the Immigration and Nation20 ality Act (8 U.S.C. 1101(a)(15)); and 

21 ‘‘(M) the activities undertaken by the De22 partment of Justice and the Department of 

23 Health and Human Services to meet the spe24 cific needs of minor victims of domestic traf25 ficking, including actions taken pursuant to 


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1 subsection (f) and section 202(a) of the Traf2 ficking Victims Protection Reauthorization Act 

3 of 2005 (42 U.S.C. 14044(a)), and the steps 

4 taken to increase cooperation among Federal 

5 agencies to ensure the effective and efficient use 

6 of programs for which the victims are eligible.’’. 

7 SEC. 222. REPORTING REQUIREMENTS FOR THE SEC8 RETARY OF LABOR. 

9 Section 105(b) of the Trafficking Victims Protection 

10 Act of 2005 (22 U.S.C. 7112(b)) is amended by adding 

11 at the end the following: 

12 ‘‘(3) SUBMISSION TO CONGRESS.—Not later 

13 than December 1, 2012, and every 2 years there14 after, the Secretary of Labor shall submit the list 

15 developed under paragraph (2)(C) to Congress.’’. 

16 SEC. 223. INFORMATION SHARING TO COMBAT CHILD 

17 LABOR AND SLAVE LABOR. 

18 Section 105(a) of the Trafficking Victims Protection 

19 Act of 2005 (22 U.S.C. 7112(a)) is amended by adding 

20 at the end the following: 

21 ‘‘(3) INFORMATION SHARING.—The Secretary 

22 of State shall, on a regular basis, provide informa23 tion relating to child labor and forced labor in the 

24 production of goods in violation of international 

25 standards to the Department of Labor to be used in 


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1 developing the list described in subsection 

2 (b)(2)(C).’’. 

3 SEC. 224. GOVERNMENT TRAINING EFFORTS TO INCLUDE 

4 THE DEPARTMENT OF LABOR. 

5 Section 107(c)(4) of the Trafficking Victims Protec6 tion Act of 2000 (22 U.S.C. 7105(c)(4)) is amended— 

7 (1) in the first sentence, by inserting ‘‘the De8 partment of Labor, the Equal Employment Oppor9 tunity Commission,’’ before ‘‘and the Department’’; 

10 and 

11 (2) in the second sentence, by inserting ‘‘, in 

12 consultation with the Secretary of Labor,’’ before 

13 ‘‘shall provide’’. 

14 SEC. 225. GAO REPORT ON THE USE OF FOREIGN LABOR 

15 CONTRACTORS. 

16 (a) IN GENERAL.—Not later than 2 years after the 

17 date of the enactment of this Act, the Comptroller General 

18 of the United States shall submit a report on the use of 

19 foreign labor contractors to— 

20 (1) the Committee on the Judiciary of the Sen21 ate; 

22 (2) the Committee on Health, Education, 

23 Labor, and Pensions of the Senate; 

24 (3) the Committee on the Judiciary of the 

25 House of Representatives; and 


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1 (4) the Committee on Education and the Work2 force of the House of Representatives. 

3 (b) CONTENTS.—The report under subsection (a) 

4 should, to the extent possible— 

5 (1) address the role and practices of United 

6 States employers in— 

7 (A) the use of labor recruiters or brokers; 

8 or 

9 (B) directly recruiting foreign workers; 

10 (2) analyze the laws that protect such workers, 

11 both overseas and domestically; 

12 (3) describe the oversight and enforcement 

13 mechanisms in Federal departments and agencies 

14 for such laws; and 

15 (4) identify any gaps that may exist in these 

16 protections; and 

17 (5) recommend possible actions for Federal de18 partments and agencies to combat any abuses. 

19 (c) REQUIREMENTS.—The report under subsection 

20 (a) shall— 

21 (1) describe the role of labor recruiters or bro22 kers working in countries that are sending workers 

23 and receiving funds, including any identified involve24 ment in labor abuses; 


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1 (2) describe the role and practices of employers 

2 in the United States that commission labor recruit3 ers or brokers or directly recruit foreign workers; 

4 (3) describe the role of Federal departments 

5 and agencies in overseeing and regulating the for6 eign labor recruitment process, including certifying 

7 and enforcing under existing regulations; and 

8 (4) based on the information required under 

9 paragraphs (1) through (3), identify any common 

10 abuses of foreign workers and the employment sys11 tem, including the use of fees and debts, and rec12 ommendations of actions that could be taken by 

13 Federal departments and agencies to combat any 

14 identified abuses. 

15 Subtitle D—Enhancing State and 

16 Local Efforts to Combat Traf17 ficking in Persons 

18 SEC. 231. ASSISTANCE FOR DOMESTIC MINOR SEX TRAF19 FICKING VICTIMS. 

20 (a) IN GENERAL.—Section 202 of the Trafficking 

21 Victims Protection Reauthorization Act of 2005 (42 

22 U.S.C. 14044a) is amended to read as follows: 


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1 ‘‘SEC. 202. ESTABLISHMENT OF A GRANT PROGRAM TO DE2 VELOP, EXPAND, AND STRENGTHEN ASSIST3 ANCE PROGRAMS FOR CERTAIN PERSONS 

4 SUBJECT TO TRAFFICKING. 

5 ‘‘(a) DEFINITIONS.—In this section: 

6 ‘‘(1) ASSISTANT SECRETARY.—The term ‘As7 sistant Secretary’ means the Assistant Secretary for 

8 Children and Families of the Department of Health 

9 and Human Services. 

10 ‘‘(2) ASSISTANT ATTORNEY GENERAL.—The 

11 term ‘Assistant Attorney General’ means the Assist12 ant Attorney General for the Office of Justice Pro13 grams of the Department of Justice. 

14 ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en15 tity’ means a State or unit of local government 

16 that— 

17 ‘‘(A) has significant criminal activity in18 volving sex trafficking of minors; 

19 ‘‘(B) has demonstrated cooperation be20 tween Federal, State, local, and, where applica21 ble, tribal law enforcement agencies, prosecu22 tors, and social service providers in addressing 

23 sex trafficking of minors; 

24 ‘‘(C) has developed a workable, multi-dis25 ciplinary plan to combat sex trafficking of mi26 nors, including— 


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1 ‘‘(i) building or establishing a residen2 tial care facility for minor victims of sex 

3 trafficking, through; 

4 ‘‘(ii) the provision of rehabilitative 

5 care to minor victims of sex trafficking; 

6 ‘‘(iii) the provision of specialized 

7 training for law enforcement officers and 

8 social service providers for all forms of sex 

9 trafficking, with a focus on sex trafficking 

10 of minors; 

11 ‘‘(iv) prevention, deterrence, and pros12 ecution of offenses involving sex trafficking 

13 of minors; 

14 ‘‘(v) cooperation or referral agree15 ments with organizations providing out16 reach or other related services to runaway 

17 and homeless youth; and 

18 ‘‘(vi) law enforcement protocols or 

19 procedures to screen all individuals ar20 rested for prostitution, whether adult or 

21 minor, for victimization by sex trafficking 

22 and by other crimes, such as sexual assault 

23 and domestic violence; and 

24 ‘‘(D) provides assurance that a minor vic25 tim of sex trafficking shall not be required to 


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1 collaborate with law enforcement to have access 

2 to residential care or services provided with a 

3 grant under this section. 

4 ‘‘(4) MINOR VICTIM OF SEX TRAFFICKING.— 

5 The term ‘minor victim of sex trafficking’ means an 

6 individual who— 

7 ‘‘(A) is younger than 18 years of age, and 

8 is a victim of an offense described in section 

9 1591(a) of title 18, United States Code, or a 

10 comparable State law; or 

11 ‘‘(B)(i) is not younger than 18 years of 

12 age nor older than 20 years of age; 

13 ‘‘(ii) on the day before the individual 

14 reached 18 years of age, was described in sub15 paragraph (A); and 

16 ‘‘(iii) was receiving shelter or services as a 

17 minor victim of sex trafficking. 

18 ‘‘(5) QUALIFIED NONGOVERNMENTAL ORGANI19 ZATION.—The term ‘qualified nongovernmental or20 ganization’ means an organization that— 

21 ‘‘(A) is not a State or unit of local govern22 ment, or an agency of a State or unit of local 

23 government; 

24 ‘‘(B) has demonstrated experience pro25 viding services to victims of sex trafficking or 


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1 related populations (such as runaway and 

2 homeless youth), or employs staff specialized in 

3 the treatment of sex trafficking victims; and 

4 ‘‘(C) demonstrates a plan to sustain the 

5 provision of services beyond the period of a 

6 grant awarded under this section. 

7 ‘‘(6) SEX TRAFFICKING OF A MINOR.—The 

8 term ‘sex trafficking of a minor’ means an offense 

9 (described in section 1591(a) of title 18, United 

10 States Code), against a minor. 

11 ‘‘(b) SEX TRAFFICKING BLOCK GRANTS.— 

12 ‘‘(1) GRANTS AUTHORIZED.— 

13 ‘‘(A) IN GENERAL.—The Assistant Attor14 ney General, in consultation with the Assistant 

15 Secretary, may make block grants to 4 eligible 

16 entities located in different regions of the 

17 United States to combat sex trafficking of mi18 nors. 

19 ‘‘(B) REQUIREMENT.—Not fewer than 1 of 

20 the block grants made under subparagraph (A) 

21 shall be awarded to an eligible entity with a 

22 State population of less than 5,000,000. 

23 ‘‘(C) GRANT AMOUNT.—Subject to the 

24 availability of appropriations under subsection 

25 (g) to carry out this section, each grant made 


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1 under this section shall be for an amount not 

2 less than $1,500,000 and not greater than 

3 $2,000,000. 

4 ‘‘(D) DURATION.— 

5 ‘‘(i) IN GENERAL.—A grant made 

6 under this section shall be for a period of 

7 1 year. 

8 ‘‘(ii) RENEWAL.— 

9 ‘‘(I) IN GENERAL.—The Assist10 ant Attorney General may renew a 

11 grant under this section for up to 3 1- 

12 year periods. 

13 ‘‘(II) PRIORITY.—In making 

14 grants in any fiscal year after the 

15 first fiscal year in which grants are 

16 made under this section, the Assistant 

17 Attorney General shall give priority to 

18 an eligible entity that received a grant 

19 in the preceding fiscal year and is eli20 gible for renewal under this subpara21 graph, taking into account any evalua22 tion of the eligible entity conducted 

23 under paragraph (4), if available. 

24 ‘‘(E) CONSULTATION.—In carrying out 

25 this section, the Assistant Attorney General 


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1 shall consult with the Assistant Secretary with 

2 respect to— 

3 ‘‘(i) evaluations of grant recipients 

4 under paragraph (4); 

5 ‘‘(ii) avoiding unintentional duplica6 tion of grants; and 

7 ‘‘(iii) any other areas of shared con8 cern. 

9 ‘‘(2) USE OF FUNDS.— 

10 ‘‘(A) ALLOCATION.—Not less than 67 per11 cent of each grant made under paragraph (1) 

12 shall be used by the eligible entity to provide 

13 residential care and services (as described in 

14 clauses (i) through (iv) of subparagraph (B)) to 

15 minor victims of sex trafficking through quali16 fied nongovernmental organizations. 

17 ‘‘(B) AUTHORIZED ACTIVITIES.—Grants 

18 awarded pursuant to paragraph (2) may be 

19 used for— 

20 ‘‘(i) providing residential care to 

21 minor victims of sex trafficking, including 

22 temporary or long-term placement as ap23 propriate; 


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1 ‘‘(ii) providing 24-hour emergency so2 cial services response for minor victims of 

3 sex trafficking; 

4 ‘‘(iii) providing minor victims of sex 

5 trafficking with clothing and other daily 

6 necessities needed to keep such victims 

7 from returning to living on the street; 

8 ‘‘(iv) case management services for 

9 minor victims of sex trafficking; 

10 ‘‘(v) mental health counseling for 

11 minor victims of sex trafficking, including 

12 specialized counseling and substance abuse 

13 treatment; 

14 ‘‘(vi) legal services for minor victims 

15 of sex trafficking; 

16 ‘‘(vii) specialized training for social 

17 service providers, public sector personnel, 

18 and private sector personnel likely to en19 counter sex trafficking victims on issues 

20 related to the sex trafficking of minors and 

21 severe forms of trafficking in persons; 

22 ‘‘(viii) outreach and education pro23 grams to provide information about deter24 rence and prevention of sex trafficking of 

25 minors; 


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1 ‘‘(ix) programs to provide treatment 

2 to individuals charged or cited with pur3 chasing or attempting to purchase sex acts 

4 in cases where— 

5 ‘‘(I) a treatment program can be 

6 mandated as a condition of a sen7 tence, fine, suspended sentence, or 

8 probation, or is an appropriate alter9 native to criminal prosecution; and 

10 ‘‘(II) the individual was not 

11 charged with purchasing or attempt12 ing to purchase sex acts with a minor; 

13 and 

14 ‘‘(x) screening and referral of minor 

15 victims of severe forms of trafficking in 

16 persons. 

17 ‘‘(3) APPLICATION.— 

18 ‘‘(A) IN GENERAL.—Each eligible entity 

19 desiring a grant under this section shall submit 

20 an application to the Assistant Attorney Gen21 eral at such time, in such manner, and accom22 panied by such information as the Assistant At23 torney General may reasonably require. 

24 ‘‘(B) CONTENTS.—Each application sub25 mitted pursuant to subparagraph (A) shall— 


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1 ‘‘(i) describe the activities for which 

2 assistance under this section is sought; and 

3 ‘‘(ii) provide such additional assur4 ances as the Assistant Attorney General 

5 determines to be essential to ensure com6 pliance with the requirements of this sec7 tion. 

8 ‘‘(4) EVALUATION.—The Assistant Attorney 

9 General shall enter into a contract with an academic 

10 or non-profit organization that has experience in 

11 issues related to sex trafficking of minors and eval12 uation of grant programs to conduct an annual eval13 uation of each grant made under this section to de14 termine the impact and effectiveness of programs 

15 funded with the grant. 

16 ‘‘(c) MANDATORY EXCLUSION.—An eligible entity 

17 that receives a grant under this section that is found to 

18 have utilized grant funds for any unauthorized expendi19 ture or otherwise unallowable cost shall not be eligible for 

20 any grant funds awarded under the grant for 2 fiscal years 

21 following the year in which the unauthorized expenditure 

22 or unallowable cost is reported. 

23 ‘‘(d) COMPLIANCE REQUIREMENT.—An eligible enti24 ty shall not be eligible to receive a grant under this section 

25 if, during the 5 fiscal years before the eligible entity subVerDate Mar 15 2010 22:42 Oct 13, 2011 Jkt 019200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6401 E:\BILLS\S1301.RS S1301

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1 mits an application for the grant, the eligible entity has 

2 been found to have violated the terms or conditions of a 

3 Government grant program by utilizing grant funds for 

4 unauthorized expenditures or otherwise unallowable costs. 

5 ‘‘(e) ADMINISTRATIVE CAP.—The cost of admin6 istering the grants authorized by this section shall not ex7 ceed 3 percent of the total amount appropriated to carry 

8 out this section. 

9 ‘‘(f) AUDIT REQUIREMENT.—For fiscal years 2014 

10 and 2015, the Inspector General of the Department of 

11 Health and Human Services shall conduct an audit of all 

12 4 eligible entities that receive block grants under this sec13 tion. 

14 ‘‘(g) MATCH REQUIREMENT.—An eligible entity that 

15 receives a grant under this section shall provide a non16 Federal match in an amount equal to not less than— 

17 ‘‘(1) 15 percent of the grant during the first 

18 year; 

19 ‘‘(2) 25 percent of the grant during the first re20 newal period; 

21 ‘‘(3) 40 percent of the grant during the second 

22 renewal period; and 

23 ‘‘(4) 50 percent of the grant during the third 

24 renewal period. 


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1 ‘‘(h) NO LIMITATION ON SECTION 204 GRANTS.—An 

2 entity that applies for a grant under section 204 is not 

3 prohibited from also applying for a grant under this sec4 tion. 

5 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated $8,000,000 to the At7 torney General for each of the fiscal years 2012 through 

8 2015 to carry out this section. 

9 ‘‘(j) GAO EVALUATION.—Not later than 30 months 

10 after the date of the enactment of this Act, the Comp11 troller General of the United States shall submit a report 

12 to Congress that contains— 

13 ‘‘(1) an evaluation of the impact of this section 

14 in aiding minor victims of sex trafficking in the ju15 risdiction of the entity receiving the grant; and 

16 ‘‘(2) recommendations, if any, regarding any 

17 legislative or administrative action the Comptroller 

18 General determines appropriate.’’. 

19 (b) SUNSET PROVISION.—The amendment made by 

20 subsection (a) shall be effective during the 4-year period 

21 beginning on the date of the enactment of this Act. 


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1 SEC. 232. EXPANDING LOCAL LAW ENFORCEMENT GRANTS 

2 FOR INVESTIGATIONS AND PROSECUTIONS 

3 OF TRAFFICKING. 

4 Section 204 of the Trafficking Victims Protection Re5 authorization Act of 2005 (42 U.S.C. 14044c) is amend6 ed— 

7 (1) in subsection (a)(1)— 

8 (A) in subparagraph (A), by striking ‘‘, 

9 which involve United States citizens, or aliens 

10 admitted for permanent residence, and’’; 

11 (B) by redesignating subparagraphs (B), 

12 (C), and (D) as subparagraphs (C), (D), and 

13 (E), respectively; and 

14 (C) by inserting after subparagraph (A) 

15 the following: 

16 ‘‘(B) to train law enforcement personnel 

17 how to identify victims of severe forms of traf18 ficking in persons and related offenses;’’; and 

19 (D) in subparagraph (C), as redesignated, 

20 by inserting ‘‘and prioritize the investigations 

21 and prosecutions of those cases involving minor 

22 victims’’ after ‘‘sex acts’’; 

23 (2) by redesignating subsection (d) as sub24 section (e); 

25 (3) by inserting after subsection (c) the fol26 lowing: 


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1 ‘‘(d) NO LIMITATION ON SECTION 202 GRANT AP2 PLICATIONS.—An entity that applies for a grant under 

3 section 202 is not prohibited from also applying for a 

4 grant under this section.’’; 

5 (4) in subsection (e), as redesignated, by strik6 ing ‘‘$20,000,000 for each of the fiscal years 2008 

7 through 2011’’ and inserting ‘‘$10,000,000 for each 

8 of the fiscal years 2012 through 2015’’; and 

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

10 ‘‘(f) GAO EVALUATION AND REPORT.—Not later 

11 than 30 months after the date of enactment of this Act, 

12 the Comptroller General of the United States shall con13 duct a study of and submit to Congress a report evalu14 ating the impact of this section on— 

15 ‘‘(1) the ability of law enforcement personnel to 

16 identify victims of severe forms of trafficking in per17 sons and investigate and prosecute cases against of18 fenders, including offenders who engage in the pur19 chasing of commercial sex acts with a minor; and 

20 ‘‘(2) recommendations, if any, regarding any 

21 legislative or administrative action the Comptroller 

22 General determines appropriate to improve the abil23 ity described in paragraph (1).’’. 


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1 SEC. 233. MODEL STATE CRIMINAL LAW PROTECTION FOR 

2 CHILD TRAFFICKING VICTIMS AND SUR3 VIVORS. 

4 Section 225(b) of the Trafficking Victims Reauthor5 ization Act of 2008 (22 U.S.C. 7101 note) is amended— 

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

7 end; 

8 (2) by redesignating paragraph (2) as para9 graph (3); and 

10 (3) by inserting after paragraph (1) the fol11 lowing: 

12 ‘‘(2) protects children exploited through pros13 titution by including safe harbor provisions that— 

14 ‘‘(A) treat an individual under 18 years of 

15 age who has been arrested for engaging in, or 

16 attempting to engage in, a sexual act with an17 other person in exchange for monetary com18 pensation as a victim of a severe form of traf19 ficking in persons; 

20 ‘‘(B) prohibit the charging or prosecution 

21 of an individual described in subparagraph (A) 

22 for a prostitution offense; 

23 ‘‘(C) require the referral of an individual 

24 described in subparagraph (A) to appropriate 

25 service providers, including comprehensive serv26 ice or community-based programs that provide 


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1 assistance to child victims of commercial sexual 

2 exploitation; and 

3 ‘‘(D) provide that an individual described 

4 in subparagraph (A) shall not be required to 

5 prove fraud, force, or coercion in order to re6 ceive the protections described under this para7 graph;’’. 

8 TITLE III—AUTHORIZATION OF 

9 APPROPRIATIONS 

10 SEC. 301. ADJUSTMENT OF AUTHORIZATION LEVELS FOR 

11 THE TRAFFICKING VICTIMS PROTECTION 

12 ACT OF 2000. 

13 The Trafficking Victims Protection Act of 2000 (22 

14 U.S.C. 7101 et seq.) is amended— 

15 (1) in section 112A(b)(4) (22 U.S.C. 

16 7109a(b)(4)), by striking ‘‘2008 through 2011’’ and 

17 inserting ‘‘2012 through 2015’’; 

18 (2) in section 112B(d) (22 U.S.C. 7109b(d)), 

19 by striking ‘‘2008 through 2011’’ and inserting 

20 ‘‘2012 through 2015’’; and 

21 (3) in section 113 (22 U.S.C. 7110)— 

22 (A) subsection (a)— 

23 (i) by striking ‘‘2008 through 2011’’ 

24 each place it appears and inserting ‘‘2012 

25 through 2015’’; and 


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1 (ii) by inserting ‘‘, including regional 

2 trafficking in persons officers,’’ after ‘‘for 

3 additional personnel’’; 

4 (B) in subsection (b)— 

5 (i) in paragraph (1), by striking 

6 ‘‘$12,500,000 for each of the fiscal years 

7 2008 through 2011’’ and inserting 

8 ‘‘$14,500,000 for each of the fiscal years 

9 2012 through 2015’’; and 

10 (ii) in paragraph (2), by striking ‘‘to 

11 the Secretary of Health and Human Serv12 ices’’ and all that follows and inserting 

13 ‘‘$7,000,000 to the Secretary of Health 

14 and Human Services for each of the fiscal 

15 years 2012 through 2015.’’; 

16 (C) in subsection (c)(1)— 

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

18 ‘‘2008 through 2011’’ each place it ap19 pears and inserting ‘‘2012 through 2015’’; 

20 (ii) in subparagraph (B)— 

21 (I) by striking ‘‘$15,000,000 for 

22 fiscal year 2003 and $10,000,000 for 

23 each of the fiscal years 2008 through 

24 2011’’ and inserting ‘‘$10,000,000 for 


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1 each of the fiscal years 2012 through 

2 2015’’; and 

3 (II) by striking ‘‘2008 through 

4 2011’’ and inserting ‘‘2012 through 

5 2015’’; and 

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

7 ‘‘2008 through 2011’’ and inserting ‘‘2012 

8 through 2015’’; 

9 (D) in subsection (d)— 

10 (i) by redesignating subparagraphs 

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

12 (3), respectively; 

13 (ii) in the paragraph (1), as redesig14 nated, by striking ‘‘$10,000,000 for each 

15 of the fiscal years 2008 through 2011’’ 

16 and inserting ‘‘$12,000,000 for each of the 

17 fiscal years 2012 through 2015’’; 

18 (iii) in paragraph (2), as redesignated, 

19 by striking ‘‘2008 through 2011’’ and in20 serting ‘‘2012 through 2015’’; and 

21 (iv) in paragraph (3), as redesignated, 

22 by striking ‘‘to the Attorney General’’ and 

23 all that follows and inserting ‘‘$7,000,000 

24 to the Attorney General for each of the fis25 cal years 2012 through 2015.’’; 


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1 (E) in subsection (e), by striking ‘‘2008 

2 through 2011’’ each place it appears and insert3 ing ‘‘2012 through 2015’’; 

4 (F) in subsection (f), by striking ‘‘2008 

5 through 2011’’ and inserting ‘‘2012 through 

6 2015’’; 

7 (G) in subsection (h), by striking ‘‘2008 

8 through 2011’’ and inserting ‘‘2012 through 

9 2015’’; and 

10 (H) in subsection (i), by striking ‘‘2008 

11 through 2011’’ and inserting ‘‘2012 through 

12 2015’’. 

13 SEC. 302. ADJUSTMENT OF AUTHORIZATION LEVELS FOR 

14 THE TRAFFICKING VICTIMS PROTECTION RE15 AUTHORIZATION ACT OF 2005. 

16 The Trafficking Victims Protection Reauthorization 

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

18 (1) by striking section 102(b)(7); and 

19 (2) in section 201(c), by striking ‘‘2008 

20 through 2011’’ each place it appears and inserting 

21 ‘‘2012 through 2015’’. 


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1 TITLE IV—UNACCOMPANIED 

2 ALIEN CHILDREN 

3 SEC. 401. PROTECTION FOR MINORS SEEKING ASYLUM. 

4 (a) IN GENERAL.—Section 208 of the Immigration 

5 and Nationality Act (8 U.S.C. 1158) is amended— 

6 (1) in subsection (a)(2), by amending subpara7 graph (E) to read as follows: 

8 ‘‘(E) APPLICABILITY TO MINORS.—Sub9 paragraphs (A), (B), and (C) shall not apply to 

10 an applicant who is younger than 18 years of 

11 age on the earlier of— 

12 ‘‘(i) the date on which the asylum ap13 plication is filed; or 

14 ‘‘(ii) the date on which any Notice to 

15 Appear is issued.’’; and 

16 (2) in subsection (b)(3)(C), by striking ‘‘an un17 accompanied alien child’’ and all that follows and in18 serting the following: ‘‘an applicant who is younger 

19 than 18 years of age on the earlier of— 

20 ‘‘(i) the date on which the asylum ap21 plication is filed; or 

22 ‘‘(ii) the date on which any Notice to 

23 Appear is issued.’’. 


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1 (b) REINSTATEMENT OF REMOVAL.—Section 241(a) 

2 of the Immigration and Nationality Act (8 U.S.C. 

3 1231(a)) is amended— 

4 (1) in paragraph (5), by striking ‘‘If the Attor5 ney General’’ and inserting ‘‘Except as provided in 

6 paragraph (8), if the Secretary of Homeland Secu7 rity’’; and 

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

9 ‘‘(8) APPLICABILITY OF REINSTATEMENT OF

10 REMOVAL.—Paragraph (5) shall not apply to an 

11 alien who has reentered the United States illegally 

12 after having been removed or having departed volun13 tarily, under an order of removal, if the alien was 

14 younger than 18 years of age on the date on which 

15 the alien was removed or departed voluntarily under 

16 an order of removal.’’. 

17 SEC. 402. APPROPRIATE CUSTODIAL SETTINGS FOR UNAC18 COMPANIED MINORS WHO REACH THE AGE 

19 OF MAJORITY WHILE IN FEDERAL CUSTODY. 

20 Section 235(c)(2) of the William Wilberforce Traf21 ficking Victims Protection Reauthorization Act of 2008 (8 

22 U.S.C. 1232(c)(2)) is amended— 

23 (1) by striking ‘‘Subject to’’ and inserting the 

24 following: 


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1 ‘‘(A) MINORS IN DEPARTMENT OF HEALTH

2 AND HUMAN SERVICES CUSTODY.—Subject to’’; 

3 and 

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

5 ‘‘(B) ALIENS TRANSFERRED FROM DE6 PARTMENT OF HEALTH AND HUMAN SERVICES

7 TO DEPARTMENT OF HOMELAND SECURITY

8 CUSTODY.—If a minor described in subpara9 graph (A) reaches 18 years of age and is trans10 ferred to the custody of the Secretary of Home11 land Security, the Secretary shall consider 

12 placement in the least restrictive setting avail13 able after taking into account the alien’s danger 

14 to self, danger to the community, and risk of 

15 flight. Such aliens shall be eligible to participate 

16 in alternative to detention programs, utilizing a 

17 continuum of alternatives based on the alien’s 

18 need for supervision, which may include place19 ment of the alien with an individual or an orga20 nizational sponsor, or in a supervised group 

21 home.’’. 


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1 SEC. 403. APPOINTMENT OF CHILD ADVOCATES FOR UNAC2 COMPANIED MINORS. 

3 Section 235(c)(6) of the William Wilberforce Traf4 ficking Victims Protection Reauthorization Act of 2008 (8 

5 U.S.C. 1232(c)(6)) is amended— 

6 (1) by striking ‘‘The Secretary’’ and inserting 

7 the following: 

8 ‘‘(A) IN GENERAL.—The Secretary’’; and 

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

10 ‘‘(B) APPOINTMENT OF CHILD ADVO11 CATES.— 

12 ‘‘(i) INITIAL SITES.—Not later than 2 

13 years after the date of the enactment of 

14 the Trafficking Victims Protection Reau15 thorization Act of 2011, the Secretary of 

16 Health and Human Services shall establish 

17 child advocate programs at 3 new immigra18 tion detention sites to provide independent 

19 child advocates for trafficking victims and 

20 vulnerable unaccompanied alien children. 

21 ‘‘(ii) ADDITIONAL SITES.—Not later 

22 than 3 years after the date of the enact23 ment of the Trafficking Victims Protection 

24 Reauthorization Act of 2011, the Secretary 

25 shall establish and implement child advo26 cate programs at immigration detention 


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1 sites at which more than 50 children are 

2 held in immigration custody. 

3 ‘‘(iii) SELECTION OF SITES.—Sites at 

4 which child advocate programs will be es5 tablished under this subparagraph shall be 

6 selected sequentially, with priority given to 

7 locations with— 

8 ‘‘(I) the largest number of unac9 companied alien children; and 

10 ‘‘(II) the most vulnerable popu11 lations of unaccompanied children. 

12 ‘‘(C) ANNUAL REPORT TO CONGRESS.— 

13 Not later than 1 year after the date of the en14 actment of the Trafficking Victims Protection 

15 Reauthorization Act of 2011, and annually 

16 thereafter, the Secretary of Health and Human 

17 Services shall submit a report describing the ac18 tivities undertaken by the Secretary to author19 ize the appointment of independent Child Advo20 cates for trafficking victims and vulnerable un21 accompanied alien children to the Committee on 

22 the Judiciary of the Senate and the Committee 

23 on the Judiciary of the House of Representa24 tives. 


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1 ‘‘(D) ASSESSMENT OF CHILD ADVOCATE

2 PROGRAM.— 

3 ‘‘(i) IN GENERAL.—As soon as prac4 ticable after the date of the enactment of 

5 the Trafficking Victims Protection Reau6 thorization Act of 2011, the Comptroller 

7 General of the United States shall conduct 

8 a study regarding the effectiveness of the 

9 Child Advocate Program operated by the 

10 Secretary of Health and Human Services. 

11 ‘‘(ii) MATTERS TO BE STUDIED.—In 

12 the study required under clause (i), the 

13 Comptroller General shall collect informa14 tion and analyze the following: 

15 ‘‘(I) analyze the effectiveness of 

16 existing child advocate programs in 

17 improving outcomes for trafficking 

18 victims and other vulnerable unaccom19 panied alien children; 

20 ‘‘(II) evaluate the implementation 

21 of child advocate programs in new 

22 sites pursuant to subparagraph (B); 

23 ‘‘(III) evaluate the funds avail24 able to the Secretary of Health and 

25 Human Services and project the addiVerDate Mar 15 2010 22:42 Oct 13, 2011 Jkt 019200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6401 E:\BILLS\S1301.RS S1301

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1 tional funds that would be needed to 

2 fully implement effective child advo3 cate programs for all trafficking vic4 tims and other vulnerable unaccom5 panied children; 

6 ‘‘(IV) evaluate the barriers to im7 proving outcomes for trafficking vic8 tims and other vulnerable unaccom9 panied children; and 

10 ‘‘(V) make recommendations on 

11 statutory changes to improve the 

12 Child Advocate Program in relation to 

13 the matters analyzed under subclauses 

14 (I) through (IV). 

15 ‘‘(iii) GAO REPORT.—Not later than 

16 3 years after the date of the enactment of 

17 this Act, the Comptroller General of the 

18 United States shall submit the results of 

19 the study required under this subpara20 graph to— 

21 ‘‘(I) the Committee on the Judi22 ciary of the Senate; 

23 ‘‘(II) the Committee on Health, 

24 Education, Labor, and Pensions of 

25 the Senate; 


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1 ‘‘(III) the Committee on the Ju2 diciary of the House of Representa3 tives; and 

4 ‘‘(IV) the Committee on Edu5 cation and the Workforce of the 

6 House of Representatives. 

7 ‘‘(E) AUTHORIZATION OF APPROPRIA8 TIONS.—There are authorized to be appro9 priated to the Secretary and Human Services to 

10 carry out this subsection— 

11 ‘‘(i) $1,000,000 for each of the fiscal 

12 years 2012 and 2013; and 

13 ‘‘(ii) $2,000,000 for each of the fiscal 

14 years 2014 and 2015.’’. 

15 SEC. 404. ACCESS TO FEDERAL FOSTER CARE AND UNAC16 COMPANIED REFUGEE MINOR PROTECTIONS 

17 FOR CERTAIN U VISA RECIPIENTS. 

18 Section 235(d)(4) of the William Wilberforce Traf19 ficking Victims Protection Reauthorization Act of 2008 (8 

20 U.S.C. 1232(d)(4)) is amended— 

21 (1) in subparagraph (A), 

22 (A) by striking ‘‘either’’; 

23 (B) by striking ‘‘or who’’ and inserting a 

24 comma; and 


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1 (C) by inserting ‘‘, or has been granted 

2 status under section 101(a)(15)(U) of the Im3 migration and Nationality Act (8 U.S.C. 

4 1101(a)(15)(U)),’’ before ‘‘, shall be eligible’’; 

5 and 

6 (2) in subparagraph (B), by inserting ‘‘, or sta7 tus under section 101(a)(15)(U) of the Immigration 

8 and Nationality Act (8 U.S.C. 1101(a)(15)(U)),’’ 

9 after ‘‘(8 U.S.C. 1101(a)(27)(J))’’. 

10 SEC. 405. GAO STUDY OF THE EFFECTIVENESS OF BORDER 

11 SCREENINGS. 

12 (a) STUDY.— 

13 (1) IN GENERAL.—The Comptroller General of 

14 the United States shall conduct a study examining 

15 the effectiveness of screenings conducted by Depart16 ment of Homeland Security personnel in carrying 

17 out section 235(a)(4) of the William Wilberforce 

18 Trafficking Victims Protection Reauthorization Act 

19 of 2008 (8 U.S.C. 1232(a)(4)). 

20 (2) STUDY.—In carrying out paragraph (1), the 

21 Comptroller General shall take into account the de22 gree to which Department of Homeland Security 

23 personnel are adequately ensuring that— 

24 (A) all children are being screened to de25 termine whether they are described in section 


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1 235(a)(2)(A) of the William Wilberforce Traf2 ficking Victims Protection Reauthorization Act; 

3 (B) appropriate and reliable determina4 tions are being made about whether children 

5 are described in section 235(a)(2)(A) of such 

6 Act; 

7 (C) children are repatriated in an appro8 priate manner, consistent with clauses (i) 

9 through (iii) of section 235(a)(2)(C) of such 

10 Act; 

11 (D) children are appropriately being per12 mitted to withdraw their applications for admis13 sion, in accordance with section 235(a)(2)(B)(i) 

14 of such Act; 

15 (E) children are being properly cared for 

16 while they are in the custody of the Department 

17 of Homeland Security and awaiting repatriation 

18 or transfer to the custody of the Secretary of 

19 Health and Human Services; and 

20 (F) children are being transferred to the 

21 custody of the Secretary of Health and Human 

22 Services in a manner that is consistent with 

23 such Act. 

24 (3) ACCESS TO DEPARTMENT OF HOMELAND

25 SECURITY OPERATIONS.— 


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1 (A) IN GENERAL.—Except as provided in 

2 subparagraph (B), for the purposes of con3 ducting the study described in subsection (a), 

4 the Secretary shall provide the Comptroller 

5 General with unrestricted access to all stages of 

6 screenings and other interactions between De7 partment of Homeland Security personnel and 

8 children encountered by the Comptroller Gen9 eral. 

10 (B) EXCEPTIONS.—The Secretary shall 

11 not permit unrestricted access under subpara12 graph (A) if the Secretary determines that the 

13 security of a particular interaction would be 

14 threatened by such access. 

15 (b) REPORT TO CONGRESS.—Not later than 2 years 

16 after the date of the commencement of the study described 

17 in subsection (a), the Comptroller General of the United 

18 States shall submit a report to the Committee on the Judi19 ciary of the Senate and the Committee on the Judiciary 

20 of the House of Representatives that contains the Com21 mission’s findings and recommendations. 

22 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

24 ‘‘Trafficking Victims Protection Reauthorization Act of 

25 2011’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—COMBATING INTERNATIONAL TRAFFICKING IN PERSONS 

Sec. 101. Regional strategies for combating trafficking in persons. 

Sec. 102. Regional anti-trafficking officers. 

Sec. 103. Partnerships against significant trafficking in persons. 

Sec. 104. Protection and assistance for victims of trafficking. 

Sec. 105. Minimum standards for the elimination of trafficking. 

Sec. 106. Best practices in trafficking in persons eradication. 

Sec. 107. Protections for domestic workers and other nonimmigrants. 

Sec. 108. Prevention of child trafficking through child marriage. 

Sec. 109. Child soldiers. 

Sec. 110. Presidential Award for Technological Innovations To Combat Trafficking in Persons. 

Sec. 111. Contracting requirements. 

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

violations. 

TITLE II—COMBATING TRAFFICKING IN PERSONS IN THE UNITED 

STATES 

Subtitle A—Penalties Against Traffickers and Other Crimes 

Sec. 201. Criminal trafficking offenses. 

Sec. 202. Civil remedies; clarifying definition. 

Subtitle B—Ensuring Availability of Possible Witnesses and Informants 

Sec. 211. Protections for trafficking victims who cooperate with law enforcement. 

Sec. 212. Protection against fraud in foreign labor contracting. 

Subtitle C—Ensuring Interagency Coordination and Expanded Reporting 

Sec. 221. Reporting requirements for the Attorney General. 

Sec. 222. Reporting requirements for the Secretary of Labor. 

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

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

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

Sec. 226. Oversight of Department of Justice programs. 

Subtitle D—Enhancing State and Local Efforts to Combat Trafficking in 

Persons 

Sec. 231. Assistance for domestic minor sex trafficking victims. 

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

Sec. 233. Model State criminal law protection for child trafficking victims and 

survivors. 

TITLE III—AUTHORIZATION OF APPROPRIATIONS 

Sec. 301. Adjustment of authorization levels for the Trafficking Victims Protection 

Act of 2000. 


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Sec. 302. Adjustment of authorization levels for the Trafficking Victims Protection 

Reauthorization Act of 2005. 

TITLE IV—UNACCOMPANIED ALIEN CHILDREN 

Sec. 401. Appropriate custodial settings for unaccompanied minors who reach the 

age of majority while in Federal custody. 

Sec. 402. Appointment of child advocates for unaccompanied minors. 

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

Sec. 404. GAO study of the effectiveness of border screenings. 

1 TITLE I—COMBATING INTER2 NATIONAL TRAFFICKING IN 

3 PERSONS 

4 SEC. 101. REGIONAL STRATEGIES FOR COMBATING TRAF5 FICKING IN PERSONS. 

6 Section 105 of the Trafficking Victims Protection Act 

7 of 2000 (22 U.S.C. 7103) is amended— 

8 (1) in subsection (d)(7)(J), by striking ‘‘section 

9 105(f) of this division’’ and inserting ‘‘subsection 

10 (g)’’; 

11 (2) in subsection (e)(2)— 

12 (A) by striking ‘‘(2) COORDINATION OF CER13 TAIN ACTIVITIES.—’’ and all that follows through 

14 ‘‘exploitation.’’; 

15 (B) by redesignating subparagraph (B) as 

16 paragraph (2), and moving such paragraph, as 

17 so redesignated, 2 ems to the left; and 

18 (C) by redesignating clauses (i) and (ii) as 

19 subparagraphs (A) and (B), respectively, and 


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1 moving such subparagraphs, as so redesignated, 

2 2 ems to the left; 

3 (3) by redesignating subsection (f) as subsection 

4 (g); and 

5 (4) by inserting after subsection (e) the following: 

6 ‘‘(f) REGIONAL STRATEGIES FOR COMBATING TRAF7 FICKING IN PERSONS.—Each regional bureau in the De8 partment of State shall contribute to the realization of the 

9 anti-trafficking goals and objectives of the Secretary of 

10 State. By June 30 of each year, in cooperation with the 

11 Office to Monitor and Combat Trafficking, each regional 

12 bureau shall submit a list of anti-trafficking goals and ob13 jectives for each country in its geographic area of responsi14 bility. Host governments shall be informed of the goals and 

15 objectives for their particular country by June 30 and, to 

16 the extent possible, host government officials should con17 tribute to the drafting of the goals and objectives.’’. 

18 SEC. 102. REGIONAL ANTI-TRAFFICKING OFFICERS. 

19 Section 106 of the Trafficking Victims Protection Act 

20 of 2000 (22 U.S.C. 7104) is amended— 

21 (1) by redesignating subsections (e), (f), (g), (h), 

22 and (i) as subsections (f), (g), (h), (i), and (j), respec23 tively; and 

24 (2) by inserting after subsection (d), the fol25 lowing: 


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1 ‘‘(e) REGIONAL ANTI-TRAFFICKING IN PERSONS OFFI2 CERS.—Under the authority, direction, and control of the 

3 President, the Secretary of State, in accordance with the 

4 provisions of this Act, and in order to promote effective bi5 lateral and regional anti-trafficking diplomacy, public di6 plomacy initiatives, and coordination of programs, is au7 thorized— 

8 ‘‘(1) to appoint, at United States embassies, 

9 anti-trafficking in persons officers, who shall collabo10 rate with other countries to eliminate human traf11 ficking; and 

12 ‘‘(2) to assign the officers appointed under para13 graph (1) to fulfill tasks such as— 

14 ‘‘(A) expanding the anti-trafficking efforts 

15 of the Office to Monitor and Combat Trafficking 

16 in Persons of the Department of State, includ17 ing— 

18 ‘‘(i) maintaining direct contact with 

19 the Office to Monitor and Combat Traf20 ficking in Persons; and 

21 ‘‘(ii) undertaking tasks recommended 

22 by the Director of the Office to Monitor and 

23 Combat Trafficking in Persons; 

24 ‘‘(B) monitoring trafficking trends in the 

25 region; 


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1 ‘‘(C) assessing compliance with the provi2 sions of this Act; 

3 ‘‘(D) determining and furthering effective 

4 anti-trafficking programs and partnerships with 

5 foreign governments and foreign nongovern6 mental organizations; 

7 ‘‘(E) strengthening diplomatic outreach on 

8 trafficking in persons; and 

9 ‘‘(F) assisting and advising United States 

10 embassies overseas on their input to the Office to 

11 Monitor and Combat Trafficking in Persons for 

12 the preparation of the annual Trafficking in 

13 Persons Report.’’. 

14 SEC. 103. PARTNERSHIPS AGAINST SIGNIFICANT TRAF15 FICKING IN PERSONS. 

16 The Trafficking Victims Protection Act of 2000 is 

17 amended by inserting after section 105 (22 U.S.C. 7103) 

18 the following: 

19 ‘‘SEC. 105A. CREATING, BUILDING, AND STRENGTHENING 

20 PARTNERSHIPS AGAINST SIGNIFICANT TRAF21 FICKING IN PERSONS. 

22 ‘‘(a) DECLARATION OF PURPOSE.—The purpose of this 

23 section is to promote collaboration and cooperation— 


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1 ‘‘(1) between the United States Government and 

2 governments listed on the annual Trafficking in Per3 sons Report; 

4 ‘‘(2) between foreign governments and civil soci5 ety actors; and 

6 ‘‘(3) between the United States Government and 

7 private sector entities. 

8 ‘‘(b) PARTNERSHIPS.—The Director, in coordination 

9 and cooperation with other officials at the Department of 

10 State involved in corporate responsibility and global part11 nerships, the Deputy Under Secretary for International Af12 fairs of the Department of Labor, and other relevant offi13 cials of the United States Government, shall promote, build, 

14 and sustain partnerships between the United States Gov15 ernment and private entities, including foundations, uni16 versities, corporations, community-based organizations, 

17 and other nongovernmental organizations, to ensure that— 

18 ‘‘(1) United States citizens do not use any item, 

19 product, or material produced or extracted with the 

20 use and labor from victims of severe forms of traf21 ficking; and 

22 ‘‘(2) such entities do not contribute to trafficking 

23 in persons involving sexual exploitation. 

24 ‘‘(c) ADDITIONAL MEASURES TO ENHANCE ANTI-TRAF25 FICKING RESPONSE AND CAPACITY.—The President shall 


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1 establish and carry out programs with foreign governments 

2 and civil society to enhance anti-trafficking response and 

3 capacity, including— 

4 ‘‘(1) technical assistance and other support to 

5 improve the capacity of foreign governments to inves6 tigate, identify, and carry out inspections of private 

7 entities, including labor recruitment centers, at which 

8 trafficking victims may be exploited, particularly ex9 ploitation involving forced and child labor; 

10 ‘‘(2) technical assistance and other support for 

11 foreign governments and nongovernmental organiza12 tions to provide immigrant populations with infor13 mation, in the native languages of the major immi14 grant groups of such populations, regarding the rights 

15 of such populations in the foreign country and local 

16 in-country nongovernmental organization-operated 

17 hotlines; 

18 ‘‘(3) technical assistance to provide legal frame19 works and other programs to foreign governments and 

20 nongovernmental organizations to ensure that— 

21 ‘‘(A) foreign migrant workers are provided 

22 the same protection as nationals of the foreign 

23 country; 

24 ‘‘(B) labor recruitment firms are regulated; 

25 and 


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1 ‘‘(C) workers providing domestic services in 

2 households are provided protection under labor 

3 rights laws; and 

4 ‘‘(4) assistance to foreign governments to register 

5 vulnerable populations as citizens or nationals of the 

6 country to reduce the ability of traffickers to exploit 

7 such populations, where possible under domestic law. 

8 ‘‘(d) PROGRAM TO ADDRESS EMERGENCY SITUA9 TIONS.—The Secretary of State, acting through the Director 

10 of the Office to Monitor and Combat Trafficking in Persons, 

11 is authorized to establish a fund to assist foreign govern12 ments in meeting unexpected, urgent needs in prevention 

13 of trafficking in persons, protection of victims, and prosecu14 tion of trafficking offenders. 

15 ‘‘(e) CHILD PROTECTION COMPACTS.— 

16 ‘‘(1) IN GENERAL.—The Secretary of State, act17 ing through the Director of the Office to Monitor and 

18 Combat Trafficking in Persons and in consultation 

19 with the Bureau of Democracy, Human Rights, and 

20 Labor, the Bureau of International Labor Affairs of 

21 the Department of Labor, the United States Agency 

22 for International Development, and other relevant 

23 agencies, is authorized to provide assistance under 

24 this section for each country that enters into a child 


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1 protection compact with the United States to support 

2 policies and programs that— 

3 ‘‘(A) prevent and respond to violence, ex4 ploitation, and abuse against children; and 

5 ‘‘(B) measurably reduce severe forms of traf6 ficking in children by building sustainable and 

7 effective systems of justice and protection. 

8 ‘‘(2) ELEMENTS.—A child protection compact 

9 under this subsection shall establish a multi-year plan 

10 for achieving shared objectives in furtherance of the 

11 purposes of this Act, and shall describe— 

12 ‘‘(A) the specific objectives the foreign gov13 ernment and the United States Government ex14 pect to achieve during the term of the compact; 

15 ‘‘(B) the responsibilities of the foreign gov16 ernment and the United States Government in 

17 the achievement of such objectives; 

18 ‘‘(C) the particular programs or initiatives 

19 to be undertaken in the achievement of such ob20 jectives and the amount of funding to be allo21 cated to each program or initiative by both coun22 tries; 

23 ‘‘(D) regular outcome indicators to monitor 

24 and measure progress toward achieving such ob25 jectives; and 


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1 ‘‘(E) a multi-year financial plan, including 

2 the estimated amount of contributions by the 

3 United States Government and the foreign gov4 ernment, and proposed mechanisms to imple5 ment the plan and provide oversight. 

6 ‘‘(3) FORM OF ASSISTANCE.—Assistance under 

7 this subsection may be provided in the form of grants, 

8 cooperative agreements, or contracts to or with na9 tional governments, regional or local governmental 

10 units, or non-governmental organizations or private 

11 entities with expertise in the protection of victims of 

12 severe forms of trafficking in persons. 

13 ‘‘(4) ELIGIBLE COUNTRIES.—The Secretary of 

14 State, acting through the Office to Monitor and Com15 bat Trafficking in Persons, and in consultation with 

16 the agencies set forth in paragraph (1) and relevant 

17 officers of the Department of Justice, shall select coun18 tries with which to enter into child protection com19 pacts. The selection of countries under this paragraph 

20 shall be based on— 

21 ‘‘(A) the selection criteria set forth in para22 graph (5); and 

23 ‘‘(B) objective, documented, and quantifi24 able indicators, to the maximum extent possible. 


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1 ‘‘(5) SELECTION CRITERIA.—A country shall be 

2 selected under paragraph (4) on the basis of— 

3 ‘‘(A) a documented high prevalence of traf4 ficking in persons within the country; and 

5 ‘‘(B) demonstrated political will and sus6 tained commitment by the government of such 

7 country to undertake meaningful measures to ad8 dress severe forms of trafficking in persons, in9 cluding protection of victims and the enactment 

10 and enforcement of anti-trafficking laws against 

11 perpetrators. 

12 ‘‘(6) SUSPENSION AND TERMINATION OF ASSIST13 ANCE.— 

14 ‘‘(A) IN GENERAL.—The Secretary may sus15 pend or terminate assistance provided under this 

16 subsection in whole or in part for a country or 

17 entity if the Secretary determines that— 

18 ‘‘(i) the country or entity is engaged in 

19 activities that are contrary to the national 

20 security interests of the United States; 

21 ‘‘(ii) the country or entity has engaged 

22 in a pattern of actions inconsistent with the 

23 criteria used to determine the eligibility of 

24 the country or entity, as the case may be; 

25 or 


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1 ‘‘(iii) the country or entity has failed 

2 to adhere to its responsibilities under the 

3 Compact. 

4 ‘‘(B) REINSTATEMENT.—The Secretary may 

5 reinstate assistance for a country or entity sus6 pended or terminated under this paragraph only 

7 if the Secretary determines that the country or 

8 entity has demonstrated a commitment to cor9 recting each condition for which assistance was 

10 suspended or terminated under subparagraph 

11 (A).’’. 

12 SEC. 104. PROTECTION AND ASSISTANCE FOR VICTIMS OF 

13 TRAFFICKING. 

14 (a) TASK FORCE ACTIVITIES.—Section 105(d)(6) of 

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

16 7103(d)(6)) is amended by inserting ‘‘, and make reason17 able efforts to distribute information to enable all relevant 

18 Federal Government agencies to publicize the National 

19 Human Trafficking Resource Center Hotline on their 

20 websites, in all headquarters offices, and in all field offices 

21 throughout the United States’’ before the period at the end. 

22 (b) CONGRESSIONAL BRIEFING.—Section 107(a)(2) of 

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

24 7105(a)(2)) is amended by inserting ‘‘and shall brief Con25 gress annually on such efforts’’ before the period at the end. 


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1 SEC. 105. MINIMUM STANDARDS FOR THE ELIMINATION OF 

2 TRAFFICKING. 

3 Section 108(b) of the Trafficking Victims Protection 

4 Act of 2000 (22 U.S.C. 7106(b)) is amended— 

5 (1) in paragraph (3)— 

6 (A) by striking ‘‘peacekeeping’’ and insert7 ing ‘‘diplomatic, peacekeeping,’’; 

8 (B) by striking ‘‘, and measures’’ and in9 serting ‘‘, a transparent system for remediating 

10 or punishing such public officials as a deterrent, 

11 measures’’; and 

12 (C) by inserting ‘‘, effective bilateral, multi13 lateral, or regional information sharing and co14 operation arrangements with source, transit, or 

15 destination countries in its trafficking route, and 

16 effective policies or laws regulating foreign labor 

17 recruiters and holding them civilly and crimi18 nally liable for fraudulent recruiting’’ before the 

19 period at the end; 

20 (2) in paragraph (4), by inserting ‘‘and has en21 tered into bilateral, multilateral, or regional law en22 forcement cooperation and coordination arrangements 

23 with source, transit, and destination countries in its 

24 trafficking route’’ before the period at the end; 

25 (3) in paragraph (7)— 


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1 (A) by inserting ‘‘, including diplomats and 

2 soldiers,’’ after ‘‘public officials’’; 

3 (B) by striking ‘‘peacekeeping’’ and insert4 ing ‘‘diplomatic, peacekeeping,’’; and 

5 (C) by inserting ‘‘A government’s failure to 

6 appropriately address public allegations against 

7 such public officials, especially once such officials 

8 have returned to their home countries, shall be 

9 considered inaction under these criteria.’’ after 

10 ‘‘such trafficking.’’; 

11 (4) by redesignating paragraphs (9) through (11) 

12 as paragraphs (10) through (12), respectively; and 

13 (5) by inserting after paragraph (8) the fol14 lowing: 

15 ‘‘(9) Whether the government has entered into 

16 transparent partnerships, cooperative arrangements, 

17 or agreements with— 

18 ‘‘(A) domestic civil society organizations or 

19 the private sector to assist the government’s ef20 forts to prevent trafficking, protect victims, and 

21 punish traffickers; or 

22 ‘‘(B) the United States toward agreed goals 

23 and objectives in the collective fight against traf24 ficking.’’. 


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1 SEC. 106. BEST PRACTICES IN TRAFFICKING IN PERSONS 

2 ERADICATION. 

3 Section 110(b) of the Trafficking Victims Protection 

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

5 (1) in paragraph (1)— 

6 (A) by striking ‘‘with respect to the status 

7 of severe forms of trafficking in persons that 

8 shall include—’’ and inserting ‘‘describing the 

9 anti-trafficking efforts of governments according 

10 to the minimum standards and criteria enumer11 ated in section 108, and the nature and scope of 

12 trafficking in persons in each country and anal13 ysis of the trend lines for individual govern14 mental efforts. The report should include—’’; 

15 (B) in subparagraph (B), by striking ‘‘com16 pliance;’’ and inserting ‘‘compliance, including 

17 the identification and mention of governments 

18 that— 

19 ‘‘(A) are on such list and have demonstrated 

20 exemplary progress in their efforts to reach the 

21 minimum standards; or 

22 ‘‘(B) have committed to the Secretary to ac23 complish certain actions before the subsequent 

24 year’s annual report in an attempt to reach full 

25 compliance with the minimum standards;’’; 


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1 (C) in subparagraph (E), by striking ‘‘; 

2 and’’; and inserting a semicolon; 

3 (D) in subparagraph (F), by striking the 

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

5 (E) by inserting at the end the following: 

6 ‘‘(G) a section entitled ‘Exemplary Govern7 ments and Practices in the Eradication of Traf8 ficking in Persons’ to highlight— 

9 ‘‘(i) effective practices and use of inno10 vation and technology in prevention, protec11 tion, prosecution, and partnerships, includ12 ing by foreign governments, the private sec13 tor, and domestic civil society actors; and 

14 ‘‘(ii) governments that have shown ex15 emplary overall efforts to combat trafficking 

16 in persons.’’; 

17 (2) by striking paragraph (2); 

18 (3) by redesignating paragraphs (3) and (4) as 

19 paragraphs (2) and (3), respectively; and 

20 (4) in paragraph (2), as redesignated, by adding 

21 at the end the following: 

22 ‘‘(E) PUBLIC NOTICE.—Not later than 30 

23 days after notifying Congress of each country de24 termined to have met the requirements under 

25 subclauses (I) through (III) of subparagraph 


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1 (D)(ii), the Secretary of State shall provide a de2 tailed description of the credible evidence sup3 porting such determination on a publicly avail4 able website maintained by the Department of 

5 State.’’. 

6 SEC. 107. PROTECTIONS FOR DOMESTIC WORKERS AND 

7 OTHER NONIMMIGRANTS. 

8 Section 202 of the William Wilberforce Trafficking 

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

10 1375b) is amended— 

11 (1) in subsection (a)— 

12 (A) in the subsection heading, by inserting 

13 ‘‘AND VIDEO FOR CONSULAR WAITING ROOMS’’ 

14 after ‘‘INFORMATION PAMPHLET’’; and 

15 (B) in paragraph (1)— 

16 (i) by inserting ‘‘and video’’ after ‘‘in17 formation pamphlet’’; and 

18 (ii) by adding at the end the following: 

19 ‘‘The video shall be distributed and shown 

20 in consular waiting rooms in embassies and 

21 consulates determined to have the greatest 

22 concentration of employment or education23 based non-immigrant visa applicants, and 

24 where sufficient video facilities exist in 

25 waiting or other rooms where applicants 


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1 wait or convene. The Secretary of State is 

2 authorized to augment video facilities in 

3 such consulates or embassies in order to ful4 fill the purposes of this section.’’; 

5 (2) in subsection (b), by inserting ‘‘and video’’ 

6 after ‘‘information pamphlet’’; 

7 (3) in subsection (c)— 

8 (A) in paragraph (1), by inserting ‘‘and 

9 produce or dub the video’’ after ‘‘information 

10 pamphlet’’; and 

11 (B) in paragraph (2), by inserting ‘‘and the 

12 video produced or dubbed’’ after ‘‘translated’’; 

13 and 

14 (4) in subsection (d)— 

15 (A) in paragraph (1), by inserting ‘‘and 

16 video’’ after ‘‘information pamphlet’’; 

17 (B) in paragraph (2), by inserting ‘‘and 

18 video’’ after ‘‘information pamphlet’’; and 

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

20 ‘‘(4) DEADLINE FOR VIDEO DEVELOPMENT AND

21 DISTRIBUTION.—Not later than 1 year after the date 

22 of the enactment of the Trafficking Victims Protection 

23 Reauthorization Act of 2011, the Secretary of State 

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1 section (a) produced or dubbed in all the languages 

2 referred to in subsection (c).’’. 

3 SEC. 108. PREVENTION OF CHILD TRAFFICKING THROUGH 

4 CHILD MARRIAGE. 

5 (a) IN GENERAL.—Section 106 of the Trafficking Vic6 tims Protection Act of 2000 (22 U.S.C. 7104), as amended 

7 by section 102, is further amended by adding at the end 

8 the following: 

9 ‘‘(k) PREVENTION OF CHILD TRAFFICKING THROUGH

10 CHILD MARRIAGE.—The Secretary of State shall establish 

11 and implement a multi-year, multi-sectoral strategy— 

12 ‘‘(1) to prevent child marriage; 

13 ‘‘(2) to promote the empowerment of girls at risk 

14 of child marriage in developing countries; 

15 ‘‘(3) that should address the unique needs, 

16 vulnerabilities, and potential of girls younger than 18 

17 years of age in developing countries; 

18 ‘‘(4) that targets areas in developing countries 

19 with high prevalence of child marriage; and 

20 ‘‘(5) that includes diplomatic and programmatic 

21 initiatives.’’. 

22 (b) INCLUSION OF CHILD MARRIAGE STATUS IN RE23 PORTS.—The Foreign Assistance Act of 1961 (22 U.S.C. 

24 2151 et seq.) is amended— 


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1 (1) in section 116 (22 U.S.C. 2151n), by adding 

2 at the end the following: 

3 ‘‘(g) CHILD MARRIAGE STATUS.— 

4 ‘‘(1) IN GENERAL.—The report required under 

5 subsection (d) shall include, for each country in which 

6 child marriage is prevalent, a description of the sta7 tus of the practice of child marriage in such country. 

8 ‘‘(2) DEFINED TERM.—In this subsection, the 

9 term ‘child marriage’ means the marriage of a girl or 

10 boy who is— 

11 ‘‘(3) younger than the minimum age for mar12 riage under the laws of the country in which such girl 

13 or boy is a resident; or 

14 ‘‘(4) younger than 18 years of age, if no such 

15 law exists.’’; and 

16 (2) in section 502B (22 U.S.C. 2304), by adding 

17 at the end the following: 

18 ‘‘(i) CHILD MARRIAGE STATUS.— 

19 ‘‘(1) IN GENERAL.—The report required under 

20 subsection (b) shall include, for each country in which 

21 child marriage is prevalent, a description of the sta22 tus of the practice of child marriage in such country. 

23 ‘‘(2) DEFINED TERM.—In this subsection, the 

24 term ‘child marriage’ means the marriage of a girl or 

25 boy who is— 


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1 ‘‘(3) younger than the minimum age for mar2 riage under the laws of the country in which such girl 

3 or boy is a resident; or 

4 ‘‘(4) younger than 18 years of age, if no such 

5 law exists.’’. 

6 SEC. 109. CHILD SOLDIERS. 

7 Section 404 of the William Wilberforce Trafficking 

8 Victims Protection Reauthorization Act of 2008 (22 U.S.C. 

9 2370c–1) is amended— 

10 (1) in subsection (a), by striking ‘‘(b), (c), and 

11 (d), the authorities contained in section 516 or 541 

12 of the Foreign Assistance Act of 1961 (22 U.S.C. 

13 2321j or 2347)’’ and inserting ‘‘(b) through (f), the 

14 authorities contained in sections 516, 541, and 551 of 

15 the Foreign Assistance Act of 1961 (22 U.S.C. 2321j, 

16 2347, and 2348)’’; and 

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

18 ‘‘(f) EXCEPTION FOR PEACEKEEPING OPERATIONS.— 

19 The limitation set forth in subsection (a) that relates to sec20 tion 551 of the Foreign Assistance Act of 1961 shall not 

21 apply to programs that support military 

22 professionalization, security sector reform, heightened re23 spect for human rights, peacekeeping preparation, or the 

24 demobilization and reintegration of child soldiers.’’. 


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1 SEC. 110. PRESIDENTIAL AWARD FOR TECHNOLOGICAL IN2 NOVATIONS TO COMBAT TRAFFICKING IN 

3 PERSONS. 

4 Section 112B(a) of the Trafficking Victims Protection 

5 Act of 2000 (22 U.S.C. 7109b(a)) is amended— 

6 (1) in the section heading, by inserting ‘‘AND

7 TECHNOLOGICAL INNOVATIONS’’ after ‘‘EX8 TRAORDINARY EFFORTS’’; 

9 (2) by inserting ‘‘and technological innovations’’ 

10 after ‘‘extraordinary efforts.’’; 

11 (3) in paragraph (1), by striking ‘‘and’’ at the 

12 end; 

13 (4) in paragraph (2), by striking the period at 

14 the end and inserting a semicolon; and 

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

16 ‘‘(3) private sector entities; and 

17 ‘‘(4) national governments or regional and local 

18 governmental units.’’. 

19 SEC. 111. CONTRACTING REQUIREMENTS. 

20 Section 106(h) of the Trafficking Victims Protection 

21 Act of 2000 (22 U.S.C. 7104(h)), as redesignated by section 

22 102, is amended— 

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

24 the following: 

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


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1 (2) by striking ‘‘subcontractor (i)’’ and all that 

2 follows and inserting the following: ′′subcontractor en3 gages in, or uses labor recruiters or brokers who en4 gage in, acts related to trafficking in persons, the pro5 curement of commercial sex acts, or the use of forced 

6 labor in the performance of the grant, contract, or co7 operative agreement, including, if in furtherance of 

8 such acts— 

9 (A) destroying, concealing, removing, or 

10 confiscating an employee’s immigration docu11 ments without the employee’s consent; 

12 (B) failing to assist with the repatriation of 

13 an employee upon the end of employment, unless 

14 the employee is a victim of human trafficking 

15 seeking victim services or legal redress in the 

16 country of employment; 

17 (C) placing an employee in a location or 

18 occupation other than the location or occupation 

19 that was indicated to the employee when the em20 ployee was recruited, without the concurrence of 

21 the employee; 

22 (D) charging recruited employees placement 

23 fees equal to or greater than the employee’s an24 nual salary or half the employee’s total antici25 pated pay, whichever is less; and 


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1 (E) any other activities that support or 

2 promote trafficking in persons, the procurement 

3 of commercial sex acts, or the use of forced labor 

4 in the performance of the grant, contract, or co5 operative agreement.’’; and 

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

7 ‘‘(2) CONTRACT COMPLIANCE PLAN.— 

8 ‘‘(A) COMPLIANCE PLAN AND CERTIFICATION

9 OF SUBCONTRACT REVIEW.—The head of a Fed10 eral department or agency may not make or 

11 enter into a grant, contract, or cooperative agree12 ment valued at $1,000,000 or more if perform13 ance will predominantly be conducted overseas 

14 in support of contingency operations, unless a 

15 duly designated representative of the entity re16 ceiving such grant, contract, or cooperative 

17 agreement certifies to the contracting officer, 

18 after having conducted due diligence, that— 

19 ‘‘(i) the contracting entity has imple20 mented a plan to prevent the activities de21 scribed in subparagraphs (A) through (E) of 

22 paragraph (1) and is in compliance with 

23 such plan; and 

24 ‘‘(ii) to the best of such representative’s 

25 knowledge, neither the contracting entity 


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1 nor any subgrantee or subcontractor holding 

2 a subgrant or subcontract under such grant, 

3 contract, or cooperative agreement valued at 

4 $1,000,000 or more, is engaged in any of 

5 the activities described in such subpara6 graphs. 

7 ‘‘(B) CONTRACT EVALUATION.— 

8 ‘‘(i) IN GENERAL.—If the contracting 

9 officer for a grant, contract, or cooperative 

10 agreement described under subparagraph 

11 (A) receives any report that a contracting 

12 entity, or any subcontractor or subgrantee, 

13 has engaged in an activity described in 

14 paragraph (1), including reports from a 

15 contracting officer representative, an inspec16 tor general, an auditor, or any other official 

17 source, the contracting officer may, before 

18 renewing any remaining options for such 

19 grant, contract, or cooperative agreement, or 

20 the grant, contract, or cooperative agree21 ment itself, attempt to resolve the areas of 

22 noncompliance or unsatisfactory perform23 ance and modify such grant, contract, or 

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1 currences of such noncompliance or unsatis2 factory performance. 

3 ‘‘(ii) EFFECT OF CONTINUED NON4 COMPLIANCE.—If the contracting officer de5 termines that the noncompliance or unsatis6 factory performance under the grant, con7 tract, or cooperative agreement described in 

8 clause (i) cannot be resolved and prevented 

9 in the future, the contracting officer— 

10 ‘‘(I) may not renew any remain11 ing options for such grant, contract, or 

12 cooperative agreement, or the grant, 

13 contract, or cooperative agreement 

14 itself, with such contracting entity; 

15 and 

16 ‘‘(II) may terminate the grant, 

17 contract, or cooperative agreement 

18 without penalty if such grant, contract, 

19 or cooperative agreement was made or 

20 entered into after the effective date of 

21 this paragraph. 

22 ‘‘(iii) INCLUSION OF CREDIBLE RE23 PORTS.—A contracting officer may enter in 

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1 ible by the contracting officer, that any en2 tity has engaged in any activity described 

3 in subparagraphs (A) through (E) of para4 graph (1), including reports from a con5 tracting officer representative, an inspector 

6 general, an auditor, or any other official 

7 source. 

8 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this 

9 subsection may be construed as superseding, restrict10 ing, or limiting the application of any Federal con11 tracting law or regulation.’’. 

12 SEC. 112. DEPARTMENT OF DEFENSE REPORTING OF TRAF13 FICKING IN PERSONS CLAIMS AND VIOLA14 TIONS. 

15 Section 105(d)(7)(H) of the Trafficking Victims Pro16 tection Act of 2000 (22 U.S.C. 7103(d)(7)(H)) is amend17 ed— 

18 (1) in clause (ii), by striking ‘‘; and’’ and insert19 ing a semicolon; 

20 (2) by redesignating clause (iii) as clause (iv); 

21 (3) by inserting after clause (ii) the following 

22 new clause: 

23 ‘‘(iii) all known trafficking in persons 

24 cases reported to the Under Secretary of De25 fense for Personnel and Readiness;’’; 


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1 (4) in clause (iv), as redesignated by paragraph 

2 (2), by striking the semicolon at the end and inserting 

3 ‘‘; and’’; and 

4 (5) by adding at the end the following new 

5 clause: 

6 ‘‘(v) all trafficking in persons activities 

7 of contractors reported to the Under Sec8 retary of Defense for Acquisition Technology 

9 and Logistics;’’. 

10 TITLE II—COMBATING TRAF11 FICKING IN PERSONS IN THE 

12 UNITED STATES 

13 Subtitle A—Penalties Against 

14 Traffickers and Other Crimes 

15 SEC. 201. CRIMINAL TRAFFICKING OFFENSES. 

16 (a) RICO AMENDMENT.—Section 1961(1)(B) of title 

17 18, United States Code, is amended by inserting ‘‘section 

18 1351 (relating to fraud in foreign labor contracting),’’ be19 fore ‘‘section 1425’’. 

20 (b) ENGAGING IN ILLICIT SEXUAL CONDUCT IN FOR21 EIGN PLACES.—Section 2423(c) of title 18, United States 

22 Code, is amended by inserting ‘‘or resides, either tempo23 rarily or permanently, in a foreign country’’ after ‘‘com24 merce’’. 


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1 (c) UNLAWFUL CONDUCT WITH RESPECT TO DOCU2 MENTS.— 

3 (1) IN GENERAL.—Chapter 77 of title 18, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 1597. Unlawful conduct with respect to immigra7 tion documents 

8 ‘‘(a) DESTRUCTION, CONCEALMENT, REMOVAL, CON9 FISCATION, OR POSSESSION OF IMMIGRATION DOCU10 MENTS.—It shall be unlawful for any person to knowingly 

11 destroy, conceal, remove, confiscate, or possess, an actual 

12 or purported passport or other immigration document of 

13 another individual — 

14 ‘‘(1) in the course of violating section 1351 of 

15 this title or section 274 of the Immigration and Na16 tionality Act (8 U.S.C. 1324); 

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

18 title or section 274 of the Immigration and Nation19 ality Act (8 U.S.C. 1324); or 

20 ‘‘(3) in order to, without lawful authority, main21 tain, prevent, or restrict the labor of services of the 

22 individual. 

23 ‘‘(b) PENALTY.—Any person who violates subsection 

24 (a) shall be fined under this title, imprisoned for not more 

25 than 1 year, or both. 


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1 ‘‘(c) OBSTRUCTION.—Any person who knowingly ob2 structs, attempts to obstruct, or in any way interferes with 

3 or prevents the enforcement of this section, shall be subject 

4 to the penalties described in subsection (b).’’. 

5 (2) TECHNICAL AND CONFORMING AMEND6 MENT.—The table of sections for chapter 77 of title 

7 18, United States Code, is amended by adding at the 

8 end the following: 

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

9 SEC. 202. CIVIL REMEDIES; CLARIFYING DEFINITION. 

10 (a) CIVIL REMEDY FOR PERSONAL INJURIES.—Sec11 tion 2255 of title 18, United States Code, is amended— 

12 (1) in subsection (a), by striking ‘‘section 

13 2241(c)’’ and inserting ‘‘section 1589, 1590, 1591, 

14 2241(c)’’; and 

15 (2) in subsection (b), by striking ‘‘six years’’ and 

16 inserting ‘‘10 years’’. 

17 (b) DEFINITION.— 

18 (1) IN GENERAL.—Section 103 of the Trafficking 

19 Victims Protection Act of 2000 (22 U.S.C. 7102) is 

20 amended— 

21 (A) by redesignating paragraphs (1) 

22 through (14) as paragraphs (2) through (15), re23 spectively; 

24 (B) by inserting before paragraph (2), as 

25 redesignated, the following: 


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1 ‘‘(1) ABUSE OR THREATENED ABUSE OF LAW OR

2 LEGAL PROCESS.—The term ‘abuse or threatened 

3 abuse of the legal process’ means the use or threatened 

4 use of a law or legal process, whether administrative, 

5 civil, or criminal, in any manner or for any purpose 

6 for which the law was not designed, in order to exert 

7 pressure on another person to cause that person to 

8 take some action or refrain from taking some ac9 tion.’’; 

10 (C) in paragraph (14), as redesignated, by 

11 striking ‘‘paragraph (8)’’ and inserting ‘‘para12 graph (9)’’; and 

13 (D) in paragraph (15), as redesignated, by 

14 striking ‘‘paragraph (8) or (9)’’ and inserting 

15 ‘‘paragraph (9) or (10)’’. 

16 (2) TECHNICAL AND CONFORMING AMEND17 MENTS.— 

18 (A) TRAFFICKING VICTIMS PROTECTION ACT

19 OF 2000.—The Trafficking Victims Protection Act 

20 of 2000 (22 U.S.C. 7101 et eq.) is amended— 

21 (i) in section 110(e) (22 U.S.C. 

22 7107(e))— 

23 (I) by striking ‘‘section 

24 103(7)(A)’’ and inserting ‘‘section 

25 103(8)(A)’’; and 


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1 (II) by striking ‘‘section 

2 103(7)(B)’’ and inserting ‘‘section 

3 103(8)(B)’’; and 

4 (ii) in section 113(g)(2) (22 U.S.C. 

5 7110(g)(2)), by striking ‘‘section 103(8)(A)’’ 

6 and inserting ‘‘section 103(9)(A)’’. 

7 (B) NORTH KOREAN HUMAN RIGHTS ACT OF

8 2004.—Section 203(b)(2) of the North Korean 

9 Human Rights Act of 2004 (22 U.S.C. 

10 7833(b)(2)) is amended by striking ‘‘section 

11 103(14)’’ and inserting ‘‘section 103(15)’’. 

12 (C) TRAFFICKING VICTIMS PROTECTION RE13 AUTHORIZATION ACT OF 2005.—Section 207 of 

14 the Trafficking Victims Protection Reauthoriza15 tion Act of 2005 (42 U.S.C. 14044e) is amend16 ed— 

17 (i) in paragraph (1), by striking ‘‘sec18 tion 103(8)’’ and inserting ‘‘section 103(9)’’; 

19 (ii) in paragraph (2), by striking ‘‘sec20 tion 103(9)’’ and inserting ‘‘section 

21 103(10)’’; and 

22 (iii) in paragraph (3), by striking 

23 ‘‘section 103(3)’’ and inserting ‘‘section 

24 103(4)’’. 


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1 (D) VIOLENCE AGAINST WOMEN AND DE2 PARTMENT OF JUSTICE REAUTHORIZATION ACT

3 OF 2005.—Section 111(a)(1) of the Violence 

4 Against Women and Department of Justice Re5 authorization Act of 2005 (42 U.S.C. 

6 14044f(a)(1)) is amended by striking ‘‘para7 graph (8)’’ and inserting ‘‘paragraph (9)’’. 

8 Subtitle B—Ensuring Availability 

9 of Possible Witnesses and In10 formants 

11 SEC. 211. PROTECTIONS FOR TRAFFICKING VICTIMS WHO 

12 COOPERATE WITH LAW ENFORCEMENT. 

13 Section 101(a)(15)(T)(ii)(III) of the Immigration and 

14 Nationality Act (8 U.S.C. 1101(a)(15)(T)(ii)(III) is 

15 amended by inserting ‘‘, or any adult or minor children 

16 of a derivative beneficiary of the alien, as’’ after ‘‘age’’. 

17 SEC. 212. PROTECTION AGAINST FRAUD IN FOREIGN LABOR 

18 CONTRACTING. 

19 Section 101(a)(15)(U)(iii) of the Immigration and 

20 Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)) is amended 

21 by inserting ‘‘fraud in foreign labor contracting (as defined 

22 in section 1351 of title 18, United States Code);’’ after ‘‘per23 jury;’’. 


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1 Subtitle C—Ensuring Interagency 

2 Coordination and Expanded Re3 porting 

4 SEC. 221. REPORTING REQUIREMENTS FOR THE ATTORNEY 

5 GENERAL. 

6 Section 105(d)(7) of the Trafficking Victims Protection 

7 Act of 2000 (22 U.S.C. 7103(d)(7)) is amended— 

8 (1) by redesignating subparagraphs (D) through 

9 (J) as subparagraphs (I) through (O); 

10 (2) by striking subparagraphs (B) and (C) and 

11 inserting the following: 

12 ‘‘(B) the number of persons who have been 

13 granted continued presence in the United States 

14 under section 107(c)(3) during the preceding fis15 cal year and the mean and median time taken 

16 to adjudicate applications submitted under such 

17 section, including the time from the receipt of an 

18 application by law enforcement to the issuance of 

19 continued presence, and a description of any ef20 forts being taken to reduce the adjudication and 

21 processing time while ensuring the safe and com22 petent processing of the applications; 

23 ‘‘(C) the number of persons who have ap24 plied for, been granted, or been denied a visa or 

25 otherwise provided status under subparagraph 


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1 (T)(i) or (U)(i) of section 101(a)(15) of the Im2 migration and Nationality Act (8 U.S.C. 

3 1101(a)(15)) during the preceding fiscal year; 

4 ‘‘(D) the number of persons who have ap5 plied for, been granted, or been denied a visa or 

6 status under clause (ii) of section 101(a)(15)(T) 

7 of the Immigration and Nationality Act (8 

8 U.S.C. 1101(a)(15)(T)) during the preceding fis9 cal year, broken down by the number of such 

10 persons described in subclauses (I), (II), and 

11 (III) of such clause (ii); 

12 ‘‘(E) the amount of Federal funds expended 

13 in direct benefits paid to individuals described 

14 in subparagraph (D) in conjunction with T visa 

15 status; 

16 ‘‘(F) the number of persons who have ap17 plied for, been granted, or been denied a visa or 

18 status under section 101(a)(15)(U)(i) of the Im19 migration and Nationality Act (8 U.S.C. 

20 1101(a)(15)(U)(i)) during the preceding fiscal 

21 year; 

22 ‘‘(G) the mean and median time in which 

23 it takes to adjudicate applications submitted 

24 under the provisions of law set forth in subpara25 graph (C), including the time between the receipt 


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1 of an application and the issuance of a visa and 

2 work authorization; 

3 ‘‘(H) any efforts being taken to reduce the 

4 adjudication and processing time, while ensuring 

5 the safe and competent processing of the applica6 tions;’’; 

7 (3) in subparagraph (N)(iii), as redesignated, by 

8 striking ‘‘and’’ at the end; 

9 (4) in subparagraph (O), as redesignated, by 

10 striking the period at the end and inserting ‘‘; and’’; 

11 and 

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

13 ‘‘(P) the activities undertaken by Federal 

14 agencies to train appropriate State, tribal, and 

15 local government and law enforcement officials to 

16 identify victims of severe forms of trafficking, in17 cluding both sex and labor trafficking; 

18 ‘‘(Q) the activities undertaken by Federal 

19 agencies in cooperation with State, tribal, and 

20 local law enforcement officials to identify, inves21 tigate, and prosecute offenses under sections 

22 1581, 1583, 1584, 1589, 1590, 1592, and 1594 of 

23 title 18, United States Code, or equivalent State 

24 offenses, including, in each fiscal year— 


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1 ‘‘(i) the number, age, gender, country 

2 of origin, and citizenship status of victims 

3 identified for each offense; 

4 ‘‘(ii) the number of individuals 

5 charged, and the number of individuals con6 victed, under each offense; 

7 ‘‘(iii) the number of individuals re8 ferred for prosecution for State offenses, in9 cluding offenses relating to the purchasing 

10 of commercial sex acts; 

11 ‘‘(iv) the number of victims granted 

12 continued presence in the United States 

13 under section 107(c)(3); and 

14 ‘‘(v) the number of victims granted a 

15 visa or otherwise provided status under sub16 paragraph (T)(i) or (U)(i) of section 

17 101(a)(15) of the Immigration and Nation18 ality Act (8 U.S.C. 1101(a)(15)); and 

19 ‘‘(R) the activities undertaken by the De20 partment of Justice and the Department of 

21 Health and Human Services to meet the specific 

22 needs of minor victims of domestic trafficking, 

23 including actions taken pursuant to subsection 

24 (f) and section 202(a) of the Trafficking Victims 

25 Protection Reauthorization Act of 2005 (42 


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1 U.S.C. 14044(a)), and the steps taken to increase 

2 cooperation among Federal agencies to ensure the 

3 effective and efficient use of programs for which 

4 the victims are eligible.’’. 

5 SEC. 222. REPORTING REQUIREMENTS FOR THE SEC6 RETARY OF LABOR. 

7 Section 105(b) of the Trafficking Victims Protection 

8 Act of 2005 (22 U.S.C. 7112(b)) is amended by adding at 

9 the end the following: 

10 ‘‘(3) SUBMISSION TO CONGRESS.—Not later than 

11 December 1, 2012, and every 2 years thereafter, the 

12 Secretary of Labor shall submit the list developed 

13 under paragraph (2)(C) to Congress.’’. 

14 SEC. 223. INFORMATION SHARING TO COMBAT CHILD 

15 LABOR AND SLAVE LABOR. 

16 Section 105(a) of the Trafficking Victims Protection 

17 Act of 2005 (22 U.S.C. 7112(a)) is amended by adding at 

18 the end the following: 

19 ‘‘(3) INFORMATION SHARING.—The Secretary of 

20 State shall, on a regular basis, provide information 

21 relating to child labor and forced labor in the produc22 tion of goods in violation of international standards 

23 to the Department of Labor to be used in developing 

24 the list described in subsection (b)(2)(C).’’. 


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1 SEC. 224. GOVERNMENT TRAINING EFFORTS TO INCLUDE 

2 THE DEPARTMENT OF LABOR. 

3 Section 107(c)(4) of the Trafficking Victims Protection 

4 Act of 2000 (22 U.S.C. 7105(c)(4)) is amended— 

5 (1) in the first sentence, by inserting ‘‘the De6 partment of Labor, the Equal Employment Oppor7 tunity Commission,’’ before ‘‘and the Department’’; 

8 and 

9 (2) in the second sentence, by inserting ‘‘, in con10 sultation with the Secretary of Labor,’’ before ‘‘shall 

11 provide’’. 

12 SEC. 225. GAO REPORT ON THE USE OF FOREIGN LABOR 

13 CONTRACTORS. 

14 (a) IN GENERAL.—Not later than 2 years after the 

15 date of the enactment of this Act, the Comptroller General 

16 of the United States shall submit a report on the use of 

17 foreign labor contractors to— 

18 (1) the Committee on the Judiciary of the Sen19 ate; 

20 (2) the Committee on Health, Education, Labor, 

21 and Pensions of the Senate; 

22 (3) the Committee on the Judiciary of the House 

23 of Representatives; and 

24 (4) the Committee on Education and the Work25 force of the House of Representatives. 


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1 (b) CONTENTS.—The report under subsection (a) 

2 should, to the extent possible— 

3 (1) address the role and practices of United 

4 States employers in— 

5 (A) the use of labor recruiters or brokers; or 

6 (B) directly recruiting foreign workers; 

7 (2) analyze the laws that protect such workers, 

8 both overseas and domestically; 

9 (3) describe the oversight and enforcement mech10 anisms in Federal departments and agencies for such 

11 laws; and 

12 (4) identify any gaps that may exist in these 

13 protections; and 

14 (5) recommend possible actions for Federal de15 partments and agencies to combat any abuses. 

16 (c) REQUIREMENTS.—The report under subsection (a) 

17 shall— 

18 (1) describe the role of labor recruiters or brokers 

19 working in countries that are sending workers and re20 ceiving funds, including any identified involvement 

21 in labor abuses; 

22 (2) describe the role and practices of employers 

23 in the United States that commission labor recruiters 

24 or brokers or directly recruit foreign workers; 


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1 (3) describe the role of Federal departments and 

2 agencies in overseeing and regulating the foreign 

3 labor recruitment process, including certifying and 

4 enforcing under existing regulations; 

5 (4) describe the type of jobs and the numbers of 

6 positions in the United States that have been filled 

7 through foreign workers during each of the last 8 

8 years, including positions within the Federal Govern9 ment; 

10 (5) describe any efforts or programs undertaken 

11 by Federal, State and local government entities to en12 courage employers, directly or indirectly, to use for13 eign workers or to reward employers for using foreign 

14 workers; and 

15 (6) based on the information required under 

16 paragraphs (1) through (3), identify any common 

17 abuses of foreign workers and the employment system, 

18 including the use of fees and debts, and recommenda19 tions of actions that could be taken by Federal depart20 ments and agencies to combat any identified abuses. 

21 SEC. 226. OVERSIGHT OF DEPARTMENT OF JUSTICE PRO22 GRAMS. 

23 All grants awarded by the Attorney General under this 

24 Act shall be subject to the following accountability provi25 sions: 


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1 (1) AUDIT REQUIREMENT.—Beginning in fiscal 

2 year 2012, and in each fiscal year thereafter, the In3 spector General of the Department of Justice shall 

4 conduct an audit of not fewer than 10 percent of all 

5 recipients of grants under this Act to prevent waste, 

6 fraud, and abuse of funds by grantees. 

7 (2) MANDATORY EXCLUSION.—A recipient of 

8 grant funds under this Act that is found to have an 

9 unresolved audit finding shall not be eligible to re10 ceive grant funds under this Act during the 2 fiscal 

11 years beginning after the 6-month period described in 

12 paragraph (5). 

13 (3) PRIORITY.—In awarding grants under this 

14 Act, the Attorney General shall give priority to eligi15 ble entities that, during the 3 fiscal years before sub16 mitting an application for a grant under this Act, 

17 did not have an unresolved audit finding showing a 

18 violation in the terms or conditions of a Department 

19 of Justice grant program. 

20 (4) REIMBURSEMENT.—If an entity is awarded 

21 grant funds under this Act during the 2-fiscal-year 

22 period in which the entity is barred from receiving 

23 grants under paragraph (2), the Attorney General 

24 shall— 


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1 (A) deposit an amount equal to the grant 

2 funds that were improperly awarded to the 

3 grantee into the General Fund of the Treasury; 

4 and 

5 (B) seek to recoup the costs of the repay6 ment to the fund from the grant recipient that 

7 was erroneously awarded grant funds. 

8 (5) DEFINED TERM.—In this subsection, the 

9 term ‘‘unresolved audit finding’’ means an audit re10 port finding, statement, or recommendation that the 

11 grantee has utilized grant funds for an unauthorized 

12 expenditure or otherwise unallowable cost that is not 

13 closed or resolved within a 6-month period beginning 

14 on the date of an initial notification of the finding 

15 or recommendation. 

16 (6) MATCHING REQUIREMENT.— 

17 (A) IN GENERAL.—Unless otherwise explic18 itly provided, no funds may be expended for 

19 grants to non-federal entities until a 25 percent 

20 non-Federal match has been secured by the 

21 grantee to carry out this subsection. 

22 (B) CASH REQUIREMENT.—Not less than 60 

23 percent of the matching requirement described in 

24 subparagraph (A) shall be in cash. 


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1 (C) IN-KIND CONTRIBUTIONS.—No more 

2 than 40 percent of the matching requirement de3 scribed in subparagraph (A) may be in-kind 

4 contributions. In this subparagraph, the term 

5 ‘‘in-kind contributions’’ means legal or other re6 lated professional services and office space that 

7 directly relate to the purpose for which the grant 

8 was awarded. 

9 (7) NONPROFIT ORGANIZATION REQUIRE10 MENTS.— 

11 (A) DEFINITION.—For purposes of this sec12 tion and the grant programs described in this 

13 Act, the term ‘‘nonprofit organization’’ means an 

14 organization that is described in section 

15 501(c)(3) of the Internal Revenue Code of 1986 

16 and is exempt from taxation under section 

17 501(a) of such Code. 

18 (B) PROHIBITION.—The Attorney General 

19 may not award a grant under any grant pro20 gram described in this Act to a nonprofit organi21 zation that holds money in offshore accounts for 

22 the purpose of avoiding paying the tax described 

23 in section 511(a) of the Internal Revenue Code 

24 of 1986. 


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1 (C) DISCLOSURE.—(C) DISCLOSURE.— 

2 Each nonprofit organization that is awarded a 

3 grant under a grant program described in this 

4 Act and uses the procedures prescribed in regula5 tions to create a rebuttable presumption of rea6 sonableness for the compensation of its officers, 

7 directors, trustees and key employees, shall dis8 close to the Attorney General, in the application 

9 for the grant, the process for determining such 

10 compensation, including the independent persons 

11 involved in reviewing and approving such com12 pensation, the comparability data used, and con13 temporaneous substantiation of the deliberation 

14 and decision. Upon request, the Attorney General 

15 shall make the information disclosed under this 

16 subsection available for public inspection. 

17 (8) ADMINISTRATIVE EXPENSES.—Not more than 

18 5 percent of the amounts authorized to be appro19 priated in any fiscal year under subsections (b)(2) 

20 and (f) of section 107(f) of the Trafficking Victims 

21 Protection Act of 2000, section 204 of the Trafficking 

22 Victims Protection Reauthorization Act of 2005, and 

23 section 231 of this Act may be used by the Attorney 

24 General for salaries and administrative expenses of 

25 the Department of Justice. 


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1 (9) CONFERENCE EXPENDITURES.— 

2 (A) LIMITATION.—No amounts authorized 

3 to be appropriated to the Department of Justice 

4 under this Act may be used by the Attorney Gen5 eral, or by any individual or organization 

6 awarded funds under this Act, to host or support 

7 any expenditure for conferences, unless the Dep8 uty Attorney General or the appropriate Assist9 ant Attorney General provides prior written au10 thorization that the funds may be expended to 

11 host a conference. 

12 (B) WRITTEN APPROVAL.—Written ap13 proval under subparagraph (A) may not be dele14 gated and shall include a written estimate of all 

15 costs associated with the conference, including 

16 the cost of all food and beverages, audio/visual 

17 equipment, honoraria for speakers, and any en18 tertainment. 

19 (C) REPORT.—The Deputy Attorney Gen20 eral shall submit an annual report to the Com21 mittee on the Judiciary of the Senate and the 

22 Committee on the Judiciary of the House of Rep23 resentatives on all conference expenditures ap24 proved and denied. 

25 (10) PROHIBITION ON LOBBYING ACTIVITY.— 


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1 (A) IN GENERAL.—Amounts authorized to 

2 be appropriated under this Act may not be uti3 lized by any grant recipient to— 

4 (i) lobby any representative of the De5 partment of Justice regarding the award of 

6 grant funding; or 

7 (ii) lobby any representative of a fed8 eral, state, local, or tribal government re9 garding the award of grant funding. 

10 (B) PENALTY.—If the Attorney General de11 termines that any recipient of a grant under this 

12 Act has violated subparagraph (A), the Attorney 

13 General shall— 

14 (i) require the grant recipient to repay 

15 the grant in full; and 

16 (ii) prohibit the grant recipient from 

17 receiving another grant under this Act for 

18 not less than 5 years. 

19 (11) ANNUAL CERTIFICATION.—Beginning in the 

20 first fiscal year beginning after the date of the enact21 ment of this Act, the Assistant Attorney General for 

22 the Office of Justice Programs shall submit, to Com23 mittee on the Judiciary of the Senate , the Committee 

24 on Appropriations of the Senate, the Committee on 

25 the Judiciary of the House of Representatives, and the 


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1 Committee on Appropriations of the House of Rep2 resentatives, an annual certification that— 

3 (A) all audits issued by the Office of the In4 spector General under paragraph (1) have been 

5 completed and reviewed by the Assistant Attor6 ney General for the Office of Justice Programs; 

7 (B) all mandatory exclusions required 

8 under paragraph (2) have been issued; 

9 (C) all reimbursements required under 

10 paragraph (4) have been made; and 

11 (D) includes a list of any grant recipients 

12 excluded under paragraph (2) from the previous 

13 year. 

14 Subtitle D—Enhancing State and 

15 Local Efforts to Combat Traf16 ficking in Persons 

17 SEC. 231. ASSISTANCE FOR DOMESTIC MINOR SEX TRAF18 FICKING VICTIMS. 

19 (a) IN GENERAL.—Section 202 of the Trafficking Vic20 tims Protection Reauthorization Act of 2005 (42 U.S.C. 

21 14044a) is amended to read as follows: 


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1 ‘‘SEC. 202. ESTABLISHMENT OF A GRANT PROGRAM TO DE2 VELOP, EXPAND, AND STRENGTHEN ASSIST3 ANCE PROGRAMS FOR CERTAIN PERSONS 

4 SUBJECT TO TRAFFICKING. 

5 ‘‘(a) DEFINITIONS.—In this section: 

6 ‘‘(1) ASSISTANT SECRETARY.—The term ‘Assist7 ant Secretary’ means the Assistant Secretary for Chil8 dren and Families of the Department of Health and 

9 Human Services. 

10 ‘‘(2) ASSISTANT ATTORNEY GENERAL.—The term 

11 ‘Assistant Attorney General’ means the Assistant At12 torney General for the Office of Justice Programs of 

13 the Department of Justice. 

14 ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible enti15 ty’ means a State or unit of local government that— 

16 ‘‘(A) has significant criminal activity in17 volving sex trafficking of minors; 

18 ‘‘(B) has demonstrated cooperation between 

19 Federal, State, local, and, where applicable, trib20 al law enforcement agencies, prosecutors, and so21 cial service providers in addressing sex traf22 ficking of minors; 

23 ‘‘(C) has developed a workable, multi-dis24 ciplinary plan to combat sex trafficking of mi25 nors, including— 


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1 ‘‘(i) building or establishing a residen2 tial care facility for minor victims of sex 

3 trafficking; 

4 ‘‘(ii) the provision of rehabilitative 

5 care to minor victims of sex trafficking; 

6 ‘‘(iii) the provision of specialized 

7 training for law enforcement officers and 

8 social service providers for all forms of sex 

9 trafficking, with a focus on sex trafficking 

10 of minors; 

11 ‘‘(iv) prevention, deterrence, and pros12 ecution of offenses involving sex trafficking 

13 of minors; 

14 ‘‘(v) cooperation or referral agreements 

15 with organizations providing outreach or 

16 other related services to runaway and home17 less youth; and 

18 ‘‘(vi) law enforcement protocols or pro19 cedures to screen all individuals arrested for 

20 prostitution, whether adult or minor, for 

21 victimization by sex trafficking and by 

22 other crimes, such as sexual assault and do23 mestic violence; and 

24 ‘‘(D) provides assurance that a minor vic25 tim of sex trafficking shall not be required to colVerDate Mar 15 2010 22:42 Oct 13, 2011 Jkt 019200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6203 E:\BILLS\S1301.RS S1301

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1 laborate with law enforcement to have access to 

2 residential care or services provided with a grant 

3 under this section. 

4 ‘‘(4) MINOR VICTIM OF SEX TRAFFICKING.—The 

5 term ‘minor victim of sex trafficking’ means an indi6 vidual who— 

7 ‘‘(A) is younger than 18 years of age, and 

8 is a victim of an offense described in section 

9 1591(a) of title 18, United States Code, or a 

10 comparable State law; or 

11 ‘‘(B)(i) is not younger than 18 years of age 

12 nor older than 20 years of age; 

13 ‘‘(ii) before the individual reached 18 years 

14 of age, was described in subparagraph (A); and 

15 ‘‘(iii) was receiving shelter or services as a 

16 minor victim of sex trafficking. 

17 ‘‘(5) QUALIFIED NONGOVERNMENTAL ORGANIZA18 TION.—The term ‘qualified nongovernmental organi19 zation’ means an organization that— 

20 ‘‘(A) is not a State or unit of local govern21 ment, or an agency of a State or unit of local 

22 government; 

23 ‘‘(B) has demonstrated experience providing 

24 services to victims of sex trafficking or related 

25 populations (such as runaway and homeless 


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1 youth), or employs staff specialized in the treat2 ment of sex trafficking victims; and 

3 ‘‘(C) demonstrates a plan to sustain the 

4 provision of services beyond the period of a grant 

5 awarded under this section. 

6 ‘‘(6) SEX TRAFFICKING OF A MINOR.—The term 

7 ‘sex trafficking of a minor’ means an offense described 

8 in section 1591(a) of title 18, United States Code, or 

9 a comparable State law, against a minor. 

10 ‘‘(b) SEX TRAFFICKING BLOCK GRANTS.— 

11 ‘‘(1) GRANTS AUTHORIZED.— 

12 ‘‘(A) IN GENERAL.—The Assistant Attorney 

13 General, in consultation with the Assistant Sec14 retary, may make block grants to 4 eligible enti15 ties located in different regions of the United 

16 States to combat sex trafficking of minors. 

17 ‘‘(B) REQUIREMENT.—Not fewer than 1 of 

18 the block grants made under subparagraph (A) 

19 shall be awarded to an eligible entity with a 

20 State population of less than 5,000,000. 

21 ‘‘(C) GRANT AMOUNT.—Subject to the avail22 ability of appropriations under subsection (g) to 

23 carry out this section, each grant made under 

24 this section shall be for an amount not less than 

25 $1,500,000 and not greater than $2,000,000. 


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1 ‘‘(D) DURATION.— 

2 ‘‘(i) IN GENERAL.—A grant made 

3 under this section shall be for a period of 1 

4 year. 

5 ‘‘(ii) RENEWAL.— 

6 ‘‘(I) IN GENERAL.—The Assistant 

7 Attorney General may renew a grant 

8 under this section for up to 3 1-year 

9 periods. 

10 ‘‘(II) PRIORITY.—In making 

11 grants in any fiscal year after the first 

12 fiscal year in which grants are made 

13 under this section, the Assistant Attor14 ney General shall give priority to an 

15 eligible entity that received a grant in 

16 the preceding fiscal year and is eligible 

17 for renewal under this subparagraph, 

18 taking into account any evaluation of 

19 the eligible entity conducted under 

20 paragraph (4), if available. 

21 ‘‘(E) CONSULTATION.—In carrying out this 

22 section, the Assistant Attorney General shall con23 sult with the Assistant Secretary with respect 

24 to— 


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1 ‘‘(i) evaluations of grant recipients 

2 under paragraph (4); 

3 ‘‘(ii) avoiding unintentional duplica4 tion of grants; and 

5 ‘‘(iii) any other areas of shared con6 cern. 

7 ‘‘(2) USE OF FUNDS.— 

8 ‘‘(A) ALLOCATION.—Not less than 67 per9 cent of each grant made under paragraph (1) 

10 shall be used by the eligible entity to provide res11 idential care and services (as described in 

12 clauses (i) through (iv) of subparagraph (B)) to 

13 minor victims of sex trafficking through quali14 fied nongovernmental organizations. 

15 ‘‘(B) AUTHORIZED ACTIVITIES.—Grants 

16 awarded pursuant to paragraph (2) may be used 

17 for— 

18 ‘‘(i) providing residential care to 

19 minor victims of sex trafficking, including 

20 temporary or long-term placement as ap21 propriate; 

22 ‘‘(ii) providing 24-hour emergency so23 cial services response for minor victims of 

24 sex trafficking; 


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1 ‘‘(iii) providing minor victims of sex 

2 trafficking with clothing and other daily ne3 cessities needed to keep such victims from 

4 returning to living on the street; 

5 ‘‘(iv) case management services for 

6 minor victims of sex trafficking; 

7 ‘‘(v) mental health counseling for 

8 minor victims of sex trafficking, including 

9 specialized counseling and substance abuse 

10 treatment; 

11 ‘‘(vi) legal services for minor victims of 

12 sex trafficking; 

13 ‘‘(vii) specialized training for social 

14 service providers, public sector personnel, 

15 and private sector personnel likely to en16 counter sex trafficking victims on issues re17 lated to the sex trafficking of minors and se18 vere forms of trafficking in persons; 

19 ‘‘(viii) outreach and education pro20 grams to provide information about deter21 rence and prevention of sex trafficking of 

22 minors; 

23 ‘‘(ix) programs to provide treatment to 

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1 chasing or attempting to purchase sex acts 

2 in cases where— 

3 ‘‘(I) a treatment program can be 

4 mandated as a condition of a sentence, 

5 fine, suspended sentence, or probation, 

6 or is an appropriate alternative to 

7 criminal prosecution; and 

8 ‘‘(II) the individual was not 

9 charged with purchasing or attempting 

10 to purchase sex acts with a minor; and 

11 ‘‘(x) screening and referral of minor 

12 victims of severe forms of trafficking in per13 sons. 

14 ‘‘(3) APPLICATION.— 

15 ‘‘(A) IN GENERAL.—Each eligible entity de16 siring a grant under this section shall submit an 

17 application to the Assistant Attorney General at 

18 such time, in such manner, and accompanied by 

19 such information as the Assistant Attorney Gen20 eral may reasonably require. 

21 ‘‘(B) CONTENTS.—Each application sub22 mitted pursuant to subparagraph (A) shall— 

23 ‘‘(i) describe the activities for which 

24 assistance under this section is sought; and 


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1 ‘‘(ii) provide such additional assur2 ances as the Assistant Attorney General de3 termines to be essential to ensure compli4 ance with the requirements of this section. 

5 ‘‘(4) EVALUATION.—The Assistant Attorney Gen6 eral shall enter into a contract with an academic or 

7 non-profit organization that has experience in issues 

8 related to sex trafficking of minors and evaluation of 

9 grant programs to conduct an annual evaluation of 

10 each grant made under this section to determine the 

11 impact and effectiveness of programs funded with the 

12 grant. 

13 ‘‘(c) MANDATORY EXCLUSION.—An eligible entity that 

14 receives a grant under this section that is found to have 

15 utilized grant funds for any unauthorized expenditure or 

16 otherwise unallowable cost shall not be eligible for any grant 

17 funds awarded under the grant for 2 fiscal years following 

18 the year in which the unauthorized expenditure or unallow19 able cost is reported. 

20 ‘‘(d) COMPLIANCE REQUIREMENT.—An eligible entity 

21 shall not be eligible to receive a grant under this section 

22 if, during the 5 fiscal years before the eligible entity submits 

23 an application for the grant, the eligible entity has been 

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1 ment grant program by utilizing grant funds for unauthor2 ized expenditures or otherwise unallowable costs. 

3 ‘‘(e) ADMINISTRATIVE CAP.—The cost of administering 

4 the grants authorized by this section shall not exceed 3 per5 cent of the total amount appropriated to carry out this sec6 tion. 

7 ‘‘(f) AUDIT REQUIREMENT.—For fiscal years 2014 and 

8 2015, the Inspector General of the Department of Justice 

9 shall conduct an audit of all 4 eligible entities that receive 

10 block grants under this section. 

11 ‘‘(g) MATCH REQUIREMENT.—An eligible entity that 

12 receives a grant under this section shall provide a non-Fed13 eral match in an amount equal to not less than— 

14 ‘‘(1) 15 percent of the grant during the first 

15 year; 

16 ‘‘(2) 25 percent of the grant during the first re17 newal period; 

18 ‘‘(3) 40 percent of the grant during the second 

19 renewal period; and 

20 ‘‘(4) 50 percent of the grant during the third re21 newal period. 

22 ‘‘(h) NO LIMITATION ON SECTION 204 GRANTS.—An 

23 entity that applies for a grant under section 204 is not pro24 hibited from also applying for a grant under this section. 


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1 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are 

2 authorized to be appropriated $8,000,000 to the Attorney 

3 General for each of the fiscal years 2012 through 2015 to 

4 carry out this section. 

5 ‘‘(j) GAO EVALUATION.—Not later than 30 months 

6 after the date of the enactment of this Act, the Comptroller 

7 General of the United States shall submit a report to Con8 gress that contains— 

9 ‘‘(1) an evaluation of the impact of this section 

10 in aiding minor victims of sex trafficking in the ju11 risdiction of the entity receiving the grant; and 

12 ‘‘(2) recommendations, if any, regarding any 

13 legislative or administrative action the Comptroller 

14 General determines appropriate.’’. 

15 (b) SUNSET PROVISION.—The amendment made by 

16 subsection (a) shall be effective during the 4-year period be17 ginning on the date of the enactment of this Act. 

18 SEC. 232. EXPANDING LOCAL LAW ENFORCEMENT GRANTS 

19 FOR INVESTIGATIONS AND PROSECUTIONS 

20 OF TRAFFICKING. 

21 Section 204 of the Trafficking Victims Protection Re22 authorization Act of 2005 (42 U.S.C. 14044c) is amended— 

23 (1) in subsection (a)(1)— 


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1 (A) in subparagraph (A), by striking ‘‘, 

2 which involve United States citizens, or aliens 

3 admitted for permanent residence, and’’; 

4 (B) by redesignating subparagraphs (B), 

5 (C), and (D) as subparagraphs (C), (D), and 

6 (E), respectively; and 

7 (C) by inserting after subparagraph (A) the 

8 following: 

9 ‘‘(B) to train law enforcement personnel 

10 how to identify victims of severe forms of traf11 ficking in persons and related offenses;’’; and 

12 (D) in subparagraph (C), as redesignated, 

13 by inserting ‘‘and prioritize the investigations 

14 and prosecutions of those cases involving minor 

15 victims’’ after ‘‘sex acts’’; 

16 (2) by redesignating subsection (d) as subsection 

17 (e); 

18 (3) by inserting after subsection (c) the fol19 lowing: 

20 ‘‘(d) NO LIMITATION ON SECTION 202 GRANT APPLI21 CATIONS.—An entity that applies for a grant under section 

22 202 is not prohibited from also applying for a grant under 

23 this section.’’; 

24 (4) in subsection (e), as redesignated, by striking 

25 ‘‘$20,000,000 for each of the fiscal years 2008 through 


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1 2011’’ and inserting ‘‘$10,000,000 for each of the fis2 cal years 2012 through 2015’’; and 

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

4 ‘‘(f) GAO EVALUATION AND REPORT.—Not later than 

5 30 months after the date of enactment of this Act, the Comp6 troller General of the United States shall conduct a study 

7 of and submit to Congress a report evaluating the impact 

8 of this section on— 

9 ‘‘(1) the ability of law enforcement personnel to 

10 identify victims of severe forms of trafficking in per11 sons and investigate and prosecute cases against of12 fenders, including offenders who engage in the pur13 chasing of commercial sex acts with a minor; and 

14 ‘‘(2) recommendations, if any, regarding any 

15 legislative or administrative action the Comptroller 

16 General determines appropriate to improve the abil17 ity described in paragraph (1).’’. 

18 SEC. 233. MODEL STATE CRIMINAL LAW PROTECTION FOR 

19 CHILD TRAFFICKING VICTIMS AND SUR20 VIVORS. 

21 Section 225(b) of the Trafficking Victims Reauthoriza22 tion Act of 2008 (22 U.S.C. 7101 note) is amended— 

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

24 end; 


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1 (2) by redesignating paragraph (2) as para2 graph (3); and 

3 (3) by inserting after paragraph (1) the fol4 lowing: 

5 ‘‘(2) protects children exploited through prostitu6 tion by including safe harbor provisions that— 

7 ‘‘(A) treat an individual under 18 years of 

8 age who has been arrested for engaging in, or at9 tempting to engage in, a sexual act with another 

10 person in exchange for monetary compensation 

11 as a victim of a severe form of trafficking in per12 sons; 

13 ‘‘(B) prohibit the charging or prosecution of 

14 an individual described in subparagraph (A) for 

15 a prostitution offense; 

16 ‘‘(C) require the referral of an individual 

17 described in subparagraph (A) to appropriate 

18 service providers, including comprehensive serv19 ice or community-based programs that provide 

20 assistance to child victims of commercial sexual 

21 exploitation; and 

22 ‘‘(D) provide that an individual described 

23 in subparagraph (A) shall not be required to 

24 prove fraud, force, or coercion in order to receive 

25 the protections described under this paragraph;’’. 


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1 TITLE III—AUTHORIZATION OF 

2 APPROPRIATIONS 

3 SEC. 301. ADJUSTMENT OF AUTHORIZATION LEVELS FOR 

4 THE TRAFFICKING VICTIMS PROTECTION ACT 

5 OF 2000. 

6 The Trafficking Victims Protection Act of 2000 (22 

7 U.S.C. 7101 et seq.) is amended— 

8 (1) in section 112A(b)(4) (22 U.S.C. 

9 7109a(b)(4))— 

10 (A) by striking ‘‘$2,000,000’’ and inserting 

11 ‘‘$1,000,000’’; and 

12 (B) by striking ‘‘2008 through 2011’’ and 

13 inserting ‘‘2012 through 2015’’; and 

14 (2) in section 113 (22 U.S.C. 7110)— 

15 (A) subsection (a)— 

16 (i) by striking ‘‘$5,500,000 for each of 

17 the fiscal years 2008 through 2011’’ each 

18 place it appears and inserting ‘‘$2,000,000 

19 for each of the fiscal years 2012 through 

20 2015’’; 

21 (ii) by inserting ‘‘, including regional 

22 trafficking in persons officers,’’ after ‘‘for 

23 additional personnel,’’; and 

24 (iii) by striking ‘‘, and $3,000 for offi25 cial reception and representation expenses’’; 


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1 (B) in subsection (b)— 

2 (i) in paragraph (1), by striking 

3 ‘‘$12,500,000 for each of the fiscal years 

4 2008 through 2011’’ and inserting 

5 ‘‘$14,500,000 for each of the fiscal years 

6 2012 through 2015’’; and 

7 (ii) in paragraph (2), by striking ‘‘to 

8 the Secretary of Health and Human Serv9 ices’’ and all that follows and inserting 

10 ‘‘$8,000,000 to the Secretary of Health and 

11 Human Services for each of the fiscal years 

12 2012 through 2015.’’; 

13 (C) in subsection (c)(1)— 

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

15 ‘‘2008 through 2011’’ each place it appears 

16 and inserting ‘‘2012 through 2015’’; 

17 (ii) in subparagraph (B)— 

18 (I) by striking ‘‘$15,000,000 for 

19 fiscal year 2003 and $10,000,000 for 

20 each of the fiscal years 2008 through 

21 2011’’ and inserting ‘‘$10,000,000 for 

22 each of the fiscal years 2012 through 

23 2015’’; and 


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1 (II) by striking ‘‘2008 through 

2 2011’’ and inserting ‘‘2012 through 

3 2015’’; and 

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

5 ‘‘2008 through 2011’’ and inserting ‘‘2012 

6 through 2015’’; 

7 (D) in subsection (d)— 

8 (i) by redesignating subparagraphs (A) 

9 through (C) as paragraphs (1) through (3), 

10 respectively, and moving such paragraphs 2 

11 ems to the left; 

12 (ii) in the paragraph (1), as redesig13 nated, by striking ‘‘$10,000,000 for each of 

14 the fiscal years 2008 through 2011’’ and in15 serting ‘‘$11,000,000 for each of the fiscal 

16 years 2012 through 2015’’; and 

17 (iii) in paragraph (3), as redesignated, 

18 by striking ‘‘to the Attorney General’’ and 

19 all that follows and inserting ‘‘$11,000,000 

20 to the Attorney General for each of the fiscal 

21 years 2012 through 2015.’’; 

22 (E) in subsection (e)— 

23 (i) in paragraph (1), by striking 

24 ‘‘$15,000,000 for each of the fiscal years 

25 2008 through 2011’’ and inserting 


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1 ‘‘$7,500,000 for each of the fiscal years 2012 

2 through 2015’’; and 

3 (ii) in paragraph (2), by striking 

4 ‘‘$15,000,000 for each of the fiscal years 

5 2008 through 2011’’ and inserting 

6 ‘‘$7,500,000 for each of the fiscal years 2012 

7 through 2015’’; 

8 (F) in subsection (f), by striking 

9 ‘‘$10,000,000 for each of the fiscal years 2008 

10 through 2011’’ and inserting ‘‘$5,000,000 for 

11 each of the fiscal years 2012 through 2015’’; and 

12 (G) in subsection (i), by striking 

13 ‘‘$18,000,000 for each of the fiscal years 2008 

14 through 2011’’ and inserting ‘‘$10,000,000 for 

15 each of the fiscal years 2012 through 2015’’. 

16 SEC. 302. ADJUSTMENT OF AUTHORIZATION LEVELS FOR 

17 THE TRAFFICKING VICTIMS PROTECTION RE18 AUTHORIZATION ACT OF 2005. 

19 The Trafficking Victims Protection Reauthorization 

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

21 (1) by striking section 102(b)(7); and 

22 (2) in section 201(c)(2), by striking ‘‘$1,000,000 

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

24 inserting ‘‘$250,000 for each of the fiscal years 2012 

25 through 2015’’. 


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1 TITLE IV—UNACCOMPANIED 

2 ALIEN CHILDREN 

3 SEC. 401. APPROPRIATE CUSTODIAL SETTINGS FOR UNAC4 COMPANIED MINORS WHO REACH THE AGE 

5 OF MAJORITY WHILE IN FEDERAL CUSTODY. 

6 Section 235(c)(2) of the William Wilberforce Traf7 ficking Victims Protection Reauthorization Act of 2008 (8 

8 U.S.C. 1232(c)(2)) is amended— 

9 (1) by striking ‘‘Subject to’’ and inserting the 

10 following: 

11 ‘‘(A) MINORS IN DEPARTMENT OF HEALTH

12 AND HUMAN SERVICES CUSTODY.—Subject to’’; 

13 and 

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

15 ‘‘(B) ALIENS TRANSFERRED FROM DEPART16 MENT OF HEALTH AND HUMAN SERVICES TO DE17 PARTMENT OF HOMELAND SECURITY CUSTODY.— 

18 If a minor described in subparagraph (A) 

19 reaches 18 years of age and is transferred to the 

20 custody of the Secretary of Homeland Security, 

21 the Secretary shall consider placement in the 

22 least restrictive setting available after taking 

23 into account the alien’s danger to self, danger to 

24 the community, and risk of flight. Such aliens 

25 shall be eligible to participate in alternative to 


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1 detention programs, utilizing a continuum of al2 ternatives based on the alien’s need for super3 vision, which may include placement of the alien 

4 with an individual or an organizational sponsor, 

5 or in a supervised group home.’’. 

6 SEC. 402. APPOINTMENT OF CHILD ADVOCATES FOR UNAC7 COMPANIED MINORS. 

8 Section 235(c)(6) of the William Wilberforce Traf9 ficking Victims Protection Reauthorization Act of 2008 (8 

10 U.S.C. 1232(c)(6)) is amended— 

11 (1) by striking ‘‘The Secretary’’ and inserting 

12 the following: 

13 ‘‘(A) IN GENERAL.—The Secretary’’; and 

14 (2) by striking ‘‘and criminal’’; and 

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

16 ‘‘(B) APPOINTMENT OF CHILD ADVO17 CATES.— 

18 ‘‘(i) INITIAL SITES.—Not later than 2 

19 years after the date of the enactment of the 

20 Trafficking Victims Protection Reauthoriza21 tion Act of 2011, the Secretary of Health 

22 and Human Services shall appoint child 

23 advocates at 3 new immigration detention 

24 sites to provide independent child advocates 


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1 for trafficking victims and vulnerable unac2 companied alien children. 

3 ‘‘(ii) ADDITIONAL SITES.—Not later 

4 than 3 years after the date of the enactment 

5 of the Trafficking Victims Protection Reau6 thorization Act of 2011, the Secretary shall 

7 appoint child advocates at not more than 3 

8 additional immigration detention sites. 

9 ‘‘(iii) SELECTION OF SITES.—Sites at 

10 which child advocate programs will be es11 tablished under this subparagraph shall be 

12 located at immigration detention sites at 

13 which more than 50 children are held in 

14 immigration custody, and shall be selected 

15 sequentially, with priority given to loca16 tions with— 

17 ‘‘(I) the largest number of unac18 companied alien children; and 

19 ‘‘(II) the most vulnerable popu20 lations of unaccompanied children. 

21 ‘‘(C) RESTRICTIONS.— 

22 ‘‘(i) ADMINISTRATIVE EXPENSES.—A 

23 child advocate program may not use more 

24 that 10 percent of the Federal funds received 


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1 under this section for administrative ex2 penses. 

3 ‘‘(ii) NONEXCLUSIVITY.—Nothing in 

4 this section may be construed to restrict the 

5 ability of a child advocate program under 

6 this section to apply for or obtain funding 

7 from any other source to carry out the pro8 grams described in this section. 

9 ‘‘(iii) CONTRIBUTION OF FUNDS.—A 

10 child advocate program selected under this 

11 section shall contribute non-Federal funds, 

12 either directly or through in-kind contribu13 tions, to the costs of the child advocate pro14 gram in an amount that is not less than 25 

15 percent of the total amount of Federal funds 

16 received by the child advocate program 

17 under this section. In-kind contributions 

18 may not exceed 40 percent of the matching 

19 requirement under this clause. 

20 ‘‘(D) ANNUAL REPORT TO CONGRESS.—Not 

21 later than 1 year after the date of the enactment 

22 of the Trafficking Victims Protection Reauthor23 ization Act of 2011, and annually thereafter, the 

24 Secretary of Health and Human Services shall 

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1 taken by the Secretary to authorize the appoint2 ment of independent Child Advocates for traf3 ficking victims and vulnerable unaccompanied 

4 alien children to the Committee on the Judiciary 

5 of the Senate and the Committee on the Judici6 ary of the House of Representatives. 

7 ‘‘(E) ASSESSMENT OF CHILD ADVOCATE

8 PROGRAM.— 

9 ‘‘(i) IN GENERAL.—As soon as prac10 ticable after the date of the enactment of the 

11 Trafficking Victims Protection Reauthoriza12 tion Act of 2011, the Comptroller General of 

13 the United States shall conduct a study re14 garding the effectiveness of the Child Advo15 cate Program operated by the Secretary of 

16 Health and Human Services. 

17 ‘‘(ii) MATTERS TO BE STUDIED.—In 

18 the study required under clause (i), the 

19 Comptroller General shall— collect infor20 mation and analyze the following: 

21 ‘‘(I) analyze the effectiveness of ex22 isting child advocate programs in im23 proving outcomes for trafficking vic24 tims and other vulnerable unaccom25 panied alien children; 


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1 ‘‘(II) evaluate the implementation 

2 of child advocate programs in new sites 

3 pursuant to subparagraph (B); 

4 ‘‘(III) evaluate the extent to which 

5 eligible trafficking victims and other 

6 vulnerable unaccompanied children are 

7 receiving child advocate services and 

8 assess the possible budgetary implica9 tions of increased participation in the 

10 program; 

11 ‘‘(IV) evaluate the barriers to im12 proving outcomes for trafficking vic13 tims and other vulnerable unaccom14 panied children; and 

15 ‘‘(V) make recommendations on 

16 statutory changes to improve the Child 

17 Advocate Program in relation to the 

18 matters analyzed under subclauses (I) 

19 through (IV). 

20 ‘‘(iii) GAO REPORT.—Not later than 3 

21 years after the date of the enactment of this 

22 Act, the Comptroller General of the United 

23 States shall submit the results of the study 

24 required under this subparagraph to— 


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1 ‘‘(I) the Committee on the Judici2 ary of the Senate; 

3 ‘‘(II) the Committee on Health, 

4 Education, Labor, and Pensions of the 

5 Senate; 

6 ‘‘(III) the Committee on the Judi7 ciary of the House of Representatives; 

8 and 

9 ‘‘(IV) the Committee on Edu10 cation and the Workforce of the House 

11 of Representatives. 

12 ‘‘(F) AUTHORIZATION OF APPROPRIA13 TIONS.—There are authorized to be appropriated 

14 to the Secretary and Human Services to carry 

15 out this subsection— 

16 ‘‘(i) $1,000,000 for each of the fiscal 

17 years 2012 and 2013; and 

18 ‘‘(ii) $2,000,000 for each of the fiscal 

19 years 2014 and 2015.’’. 

20 SEC. 403. ACCESS TO FEDERAL FOSTER CARE AND UNAC21 COMPANIED REFUGEE MINOR PROTECTIONS 

22 FOR CERTAIN U VISA RECIPIENTS. 

23 Section 235(d)(4) of the William Wilberforce Traf24 ficking Victims Protection Reauthorization Act of 2008 (8 

25 U.S.C. 1232(d)(4)) is amended— 


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1 (1) in subparagraph (A), 

2 (A) by striking ‘‘either’’; 

3 (B) by striking ‘‘or who’’ and inserting a 

4 comma; and 

5 (C) by inserting ‘‘, or has been granted sta6 tus under section 101(a)(15)(U) of the Immigra7 tion and Nationality Act (8 U.S.C. 

8 1101(a)(15)(U)),’’ before ‘‘, shall be eligible’’; and 

9 (2) in subparagraph (B), by inserting ‘‘, or sta10 tus under section 101(a)(15)(U) of the Immigration 

11 and Nationality Act (8 U.S.C. 1101(a)(15)(U)),’’ 

12 after ‘‘(8 U.S.C. 1101(a)(27)(J))’’. 

13 SEC. 404. GAO STUDY OF THE EFFECTIVENESS OF BORDER 

14 SCREENINGS. 

15 (a) STUDY.— 

16 (1) IN GENERAL.—The Comptroller General of 

17 the United States shall conduct a study examining 

18 the effectiveness of screenings conducted by Depart19 ment of Homeland Security personnel in carrying out 

20 section 235(a)(4) of the William Wilberforce Traf21 ficking Victims Protection Reauthorization Act of 

22 2008 (8 U.S.C. 1232(a)(4)). 

23 (2) STUDY.—In carrying out paragraph (1), the 

24 Comptroller General shall take into account— 


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1 (A) the degree to which Department of 

2 Homeland Security personnel are adequately en3 suring that— 

4 (i) all children are being screened to 

5 determine whether they are described in sec6 tion 235(a)(2)(A) of the William Wilber7 force Trafficking Victims Protection Reau8 thorization Act; 

9 (ii) appropriate and reliable deter10 minations are being made about whether 

11 children are described in section 

12 235(a)(2)(A) of such Act, including deter13 minations of the age of such children; 

14 (iii) children are repatriated in an ap15 propriate manner, consistent with clauses 

16 (i) through (iii) of section 235(a)(2)(C) of 

17 such Act; 

18 (iv) children are appropriately being 

19 permitted to withdraw their applications 

20 for admission, in accordance with section 

21 235(a)(2)(B)(i) of such Act; 

22 (v) children are being properly cared 

23 for while they are in the custody of the De24 partment of Homeland Security and await25 ing repatriation or transfer to the custody 


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1 of the Secretary of Health and Human 

2 Services; and 

3 (vi) children are being transferred to 

4 the custody of the Secretary of Health and 

5 Human Services in a manner that is con6 sistent with such Act; and 

7 (B) the number of such children that have 

8 been transferred to the custody of the Department 

9 of Health and Human Services, the Federal 

10 funds expended to maintain custody of such chil11 dren, and the Federal benefits available to such 

12 children, if any. 

13 (3) ACCESS TO DEPARTMENT OF HOMELAND SE14 CURITY OPERATIONS.— 

15 (A) IN GENERAL.—Except as provided in 

16 subparagraph (B), for the purposes of conducting 

17 the study described in subsection (a), the Sec18 retary shall provide the Comptroller General 

19 with unrestricted access to all stages of 

20 screenings and other interactions between De21 partment of Homeland Security personnel and 

22 children encountered by the Comptroller General. 

23 (B) EXCEPTIONS.—The Secretary shall not 

24 permit unrestricted access under subparagraph 

25 (A) if the Secretary determines that the security 


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1 of a particular interaction would be threatened 

2 by such access. 

3 (b) REPORT TO CONGRESS.—Not later than 2 years 

4 after the date of the commencement of the study described 

5 in subsection (a), the Comptroller General of the United 

6 States shall submit a report to the Committee on the Judici7 ary of the Senate and the Committee on the Judiciary of 

8 the House of Representatives that contains the Commis9 sion’s findings and recommendations. 


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jlentini on DSK4TPTVN1PROD with BILLS
Calendar No. 193 

112TH CONGRESS 

1ST SESSION S. 1301 

A BILL 

To authorize appropriations for fiscal years 2012 

trafficking in persons, and for other purposes. tion Act of 2000, to enhance measures to combat through 2015 for the Trafficking Victims ProtecOCTOBER 13, 2011 

Reported with an amendment 


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