I 

112TH CONGRESS 

1ST SESSION H. R. 2830 

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

Victims Protection Act of 2000, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 30, 2011 

Mr. SMITH of New Jersey (for himself and Mr. BERMAN) introduced the following bill; which was referred to the Committee on Foreign Affairs, and 

in addition to the Committees on the Judiciary, Armed Services, Ways 

and Means, and Energy and Commerce, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To authorize appropriations for fiscal years 2012 and 2013 

for the Trafficking Victims Protection Act of 2000, and 

for other purposes. 

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

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

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

5 ‘‘Trafficking Victims Protection Reauthorization Act of 

6 2011’’. 

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

8 this Act is as follows: 


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Sec. 1. Short title and table of contents. 

TITLE I—COMBATING INTERNATIONAL TRAFFICKING IN 

PERSONS 

Sec. 101. Authority to restrict passports. 

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

Human Trafficking. 

Sec. 103. Prevention of trafficking. 

Sec. 104. Reports to Congress. 

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

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

labor. 

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

citizens and permanent resident aliens. 

TITLE II—COMBATING TRAFFICKING IN PERSONS IN THE 

UNITED STATES 

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

Sec. 201. Interagency Task Force To Monitor and Combat Trafficking. 

Sec. 202. Department of Defense Director of Anti-Trafficking Policies. 

Sec. 203. Assistance for victims of trafficking. 

Sec. 204. Ensuring timely response to requests for continued presence. 

Sec. 205. Report to Congress. 

Subtitle B—Amendments to Title 18, United States Code 

Sec. 211. Renaming of basic Federal trafficking statute. 

Sec. 212. Clarifying trafficking definitions and prosecution. 

Sec. 213. Fighting sex tourism. 

Sec. 214. Identification documents. 

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

Subtitle C—Amendments to the Immigration and Nationality Act 

Sec. 221. Harmonization of T and U visa standards. 

Subtitle D—Amendments to Other Laws 

Sec. 231. Enhancing efforts to combat the trafficking of children. 

Sec. 232. Improving local efforts to combat trafficking and sexual exploitation 

of children. 

Sec. 233. Efforts to publicize the National Human Trafficking Resource Center 

hotline. 

Sec. 234. Prevention of trafficking in persons involving workers recruited 

abroad. 

TITLE III—AUTHORIZATION OF APPROPRIATIONS 

Sec. 301. Trafficking Victims Protection Act of 2000. 

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

Sec. 303. Reporting requirement. 


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1 TITLE I—COMBATING INTER2 NATIONAL TRAFFICKING IN 

3 PERSONS 

4 SEC. 101. AUTHORITY TO RESTRICT PASSPORTS. 

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

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

8 Secretary of State shall determine appropriate the 

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

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

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

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

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

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

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

21 (c) REAPPLICATION.—An individual whose passport 

22 or passport card was revoked pursuant to subsection 

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

24 time after such individual has returned to the United 

25 States. 


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

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

3 means an individual who is listed on the National 

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

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

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

9 the Sex Offender Registration and Notification Act 

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

11 SEC. 102. OFFICE TO MONITOR AND COMBAT MODERN 

12 SLAVERY AND OTHER FORMS OF HUMAN 

13 TRAFFICKING. 

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

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

16 amended— 

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

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

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

22 (2) in paragraph (1), in the first sentence, by 

23 striking ‘‘Office to Monitor and Combat Traf24 ficking’’ and inserting ‘‘Office To Monitor and ComVerDate Mar 15 2010 00:02 Aug 31, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2830.IH H2830

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1 bat Modern Slavery and Other Forms of Human 

2 Trafficking’’; and 

3 (3) in paragraph (2)(B), by striking ‘‘Office to 

4 Monitor and Combat Trafficking’’ each place it ap5 pears and inserting ‘‘Office To Monitor and Combat 

6 Modern Slavery and Other Forms of Human Traf7 ficking’’. 

8 (b) CONFORMING AMENDMENTS.—Any reference in 

9 the Trafficking Victims Protection Act of 2000 or in any 

10 other Act to the Office to Monitor and Combat Trafficking 

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

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

13 To Monitor and Combat Modern Slavery and Other Forms 

14 of Human Trafficking or to the Director of the Office To 

15 Monitor and Combat Modern Slavery and Other Forms 

16 of Human Trafficking, respectively. 

17 SEC. 103. PREVENTION OF TRAFFICKING. 

18 (a) ECONOMIC ALTERNATIVES TO PREVENT AND

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

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

21 amended— 

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

23 the following: 

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


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1 (2) in paragraph (1) (as redesignated), by in2 serting ‘‘targeted’’ after ‘‘carry out’’; 

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

4 the following: 

5 ‘‘(2) INITIATIVES.—Such initiatives’’. 

6 (4) by redesignating paragraphs (1) through 

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

8 subparagraphs (A) through (E), respectively, and in9 denting each such subparagraph (as redesignated) 

10 four ems from the left margin; 

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

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

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

14 ‘‘microcredit’’; 

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

16 by striking ‘‘and’’ at the end; 

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

18 by striking the period at the end and inserting 

19 ‘‘; and’’ ; and 

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

21 ‘‘(F) public-private partnerships to gen22 erate youth employment opportunities.’’; and 

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

24 ‘‘(3) PRIORITY FOR POTENTIAL VICTIMS OF

25 TRAFFICKING.—In carrying out such initiatives, the 


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1 President may give priority to the following persons 

2 who are potential victims of trafficking: 

3 ‘‘(A) Stateless persons. 

4 ‘‘(B) Refugees and internally displaced 

5 persons. 

6 ‘‘(C) Persons who lack access to legal rep7 resentation or are otherwise marginalized. 

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

9 protections or educational or economic options 

10 for women, particularly persons who are victims 

11 of sexual abuse or exploitation. 

12 ‘‘(E) Persons from regions of high undocu13 mented migration or displacement resulting 

14 from violent conflict or natural disasters. 

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

16 of child labor, child abandonment, or child sex 

17 tourism. 

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

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

20 (b) PREVENTION OF TRAFFICKING IN CONJUNCTION

21 WITH POST-CONFLICT AND HUMANITARIAN EMERGENCY

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

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

24 (1) by striking ‘‘The’’ and inserting the fol25 lowing: 


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1 ‘‘(1) INCORPORATION OF MEASURES INTO EX2 ISTING PROGRAMS.—The’’; and 

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

4 ‘‘(2) AUTHORIZATION OF ASSISTANCE TO SPE5 CIFICALLY ADDRESS POST-CONFLICT AND HUMANI6 TARIAN EMERGENCIES.—The Secretary of State, 

7 acting through the Director of the Office To Monitor 

8 and Combat Modern Slavery and Other Forms of 

9 Human Trafficking, is authorized to provide assist10 ance on an urgent basis for vulnerable populations 

11 at risk of severe forms of trafficking in persons in 

12 conjunction with post-conflict situations and human13 itarian emergencies.’’. 

14 SEC. 104. REPORTS TO CONGRESS. 

15 Section 110(b) of the Trafficking Victims Protection 

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

17 (1) in paragraph (1)— 

18 (A) in the matter preceding subparagraph 

19 (A), by inserting ‘‘, acting through the Director 

20 of the Office To Monitor and Combat Modern 

21 Slavery and Other Forms of Human Traf22 ficking,’’ after ‘‘Secretary of State’’; 

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

24 ‘‘and’’ at the end; 


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1 (C) by redesignating subparagraph (F) as 

2 subparagraph (I); and 

3 (D) by inserting after subparagraph (E) 

4 the following: 

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

6 Slavery Eradication’ to highlight innovations in 

7 prevention, protection, and prosecution of the 

8 perpetrators of trafficking , as well as public9 private partnerships; 

10 ‘‘(G) a section entitled ‘Refugee-Traf11 ficking Connection’ to highlight the vulner12 ability of refugee populations to human traf13 ficking and to make recommendations for the 

14 prevention of refugee trafficking; 

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

16 by the Department of State and the Depart17 ment of Justice to investigate allegations of 

18 trafficking or abuse of nonimmigrants holding 

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

20 defined in section 203(f) of the William Wilber21 force Trafficking Victims Protection Reauthor22 ization Act of 2008), results of such investiga23 tions; and’’; and 

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

25 through the Director of the Office To Monitor and 


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1 Combat Modern Slavery and Other Forms of 

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

3 SEC. 105. TEMPORARY INCREASE IN FEE FOR CERTAIN 

4 CONSULAR SERVICES. 

5 Section 239(c) of the William Wilberforce Trafficking 

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

7 1351 note) is amended by striking ‘‘the date that is 3 

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

9 collected’’ and inserting ‘‘September 30, 2013’’. 

10 SEC. 106. ADDITIONAL ACTIVITIES TO MONITOR AND COM11 BAT FORCED LABOR AND CHILD LABOR. 

12 Section 105(b) of the Trafficking Victims Protection 

13 Reauthorization Act of 2005 (22 U.S.C. 7112(b)) is 

14 amended— 

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

16 United States’’ after ‘‘foreign countries’’; 

17 (2) in paragraph (2)(C)— 

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

19 ‘‘public’’; 

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

21 States,’’ after ‘‘countries’’; and 

22 (C) by adding at the end before the semi23 colon the following: ‘‘, including goods that are 

24 produced with inputs that are produced with 

25 forced labor or child labor, and, to the extent 


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1 practicable, to identify persons or businesses 

2 that produce such goods’’; and 

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

4 ‘‘(3) LIST OF GOODS AND IDENTIFICATION OF

5 PERSONS OR BUSINESSES.—The list of goods and 

6 identification of persons or businesses that produce 

7 such goods described in paragraph (2)(C) shall be 

8 made available to the public and provided to Con9 gress not later than April 1, 2012, and updated not 

10 less than every two years thereafter.’’. 

11 SEC. 107. ENHANCING PROTECTION FOR CHILDREN EX12 PLOITED ABROAD BY UNITED STATES CITI13 ZENS AND PERMANENT RESIDENT ALIENS. 

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

15 amended— 

16 (1) in subsection (c)— 

17 (A) by inserting ‘‘or engages in travel af18 fecting’’ before ‘‘foreign commerce’’; and 

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

20 temporarily or permanently, in a foreign juris21 diction)’’ after ‘‘foreign commerce’’; and 

22 (2) by inserting after subsection (g) the fol23 lowing: 

24 ‘‘(h) NON-DEFENSES.—It is not a defense to a pros25 ecution under subsection (c), based on illicit sexual conVerDate Mar 15 2010 00:02 Aug 31, 2011 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2830.IH H2830

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1 duct, that the defendant is not criminally liable or is sub2 ject to reduced criminal liability due to the de jure or de 

3 facto acceptance of the illicit conduct in the foreign juris4 diction in which the defendant travels or resides.’’. 

5 TITLE II—COMBATING TRAF6 FICKING IN PERSONS IN THE 

7 UNITED STATES 

8 Subtitle A—Amendments to the 

9 Trafficking Victims Protection 

10 Act of 2000 

11 SEC. 201. INTERAGENCY TASK FORCE TO MONITOR AND 

12 COMBAT TRAFFICKING. 

13 (a) APPOINTMENT.—Section 105(b) of the Traf14 ficking Victims Protection Act of 2000 (22 U.S.C. 

15 7103(b)) is amended by inserting after ‘‘Education,’’ the 

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

17 (b) REPORT ON ACTIVITIES OF GOVERNMENT CON18 TRACTORS AND SUBCONTRACTORS.—Section 105(d)(7) of 

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

20 7103(d)(7)) is amended— 

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

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

23 including whether— 

24 ‘‘(I) employee handbooks or 

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1 ment contractors and subcontractors 

2 describe the United States Govern3 ment’s zero-tolerance policy regarding 

4 trafficking in persons and the actions, 

5 up to and including termination, that 

6 the employer will take against its em7 ployees for violations of the zero-toler8 ance policy; and 

9 ‘‘(II) any employees of such gov10 ernment contractors or subcontractors 

11 have been disciplined or terminated or 

12 prosecuted for violation of the zero13 tolerance policy;’’; and 

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

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

16 extent to which Federal departments and agencies 

17 have terminated any contracts of United States Gov18 ernment’s contractors or subcontractors based on a 

19 trafficking in persons offense and whether any em20 ployees of any United States Government’s con21 tractor or subcontractor have been disciplined, ter22 minated, or prosecuted for violation of the zero-toler23 ance policy’’. 

24 (c) REPORT ON ACTIVITIES OF BUREAU OF JUSTICE

25 ASSISTANCE.—Section 105(d)(7) of the Trafficking VicVerDate Mar 15 2010 00:02 Aug 31, 2011 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H2830.IH H2830

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1 tims Protection Act of 2000 (22 U.S.C. 7103(d)(7)), as 

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

3 amended— 

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

5 the end; 

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

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

8 (3) by adding the following: 

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

10 Bureau of Justice Assistance— 

11 ‘‘(i) for each human trafficking 

12 taskforce whose operations are supported 

13 by grants from the Department of Justice, 

14 the number of reports of trafficking, inves15 tigations of trafficking, T- and U-visa cer16 tifications requested and granted in con17 nection with instances of trafficking, re18 quests for continuation of presence under 

19 107(c)(A)(iii) and grants of the same; 

20 ‘‘(ii) a description of the data de21 scribed in clause (i) classified by certain 

22 identifying information of each trafficking 

23 victim including sex, age, citizenship, and 

24 whether that individual was the victim of 


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1 trafficking for purposes of labor or for 

2 commercial sex; and 

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

4 existing protocols of the human trafficking 

5 taskforce for reporting trafficking and 

6 points of entry into the criminal investiga7 tion and service provision collaboration.’’. 

8 SEC. 202. DEPARTMENT OF DEFENSE DIRECTOR OF ANTI9 TRAFFICKING POLICIES. 

10 Section 105 of the Trafficking Victims Protection Act 

11 of 2000 (22 U.S.C. 7103) is amended by adding at the 

12 end the following: 

13 ‘‘(g) DEPARTMENT OF DEFENSE DIRECTOR OF

14 ANTI-TRAFFICKING POLICIES.— 

15 ‘‘(1) ESTABLISHMENT.—The Secretary of De16 fense shall designate within the Office of the Sec17 retary of Defense a Director of Anti-Trafficking 

18 Policies (hereinafter in this subsection referred to as 

19 the ‘Director’). 

20 ‘‘(2) GENERAL DUTIES.—The Director shall be 

21 responsible for overseeing the implementation within 

22 the Department of Defense of policies relating to 

23 trafficking in persons, including policies of the De24 partment and policies of the Federal Government 

25 (including policies contained in National Security 


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1 Presidential Directive 22) as they relate to the De2 partment. The Secretary may not assign to the Di3 rector any responsibilities not related to trafficking 

4 in persons. 

5 ‘‘(3) SPECIFIC DUTIES.—The Director shall, in 

6 consultation with other relevant elements of the De7 partment of Defense— 

8 ‘‘(A)(i) ensure the proper handling of 

9 cases, including disciplinary action, prosecution 

10 and contract termination, where a member of 

11 the Armed Forces or an employee or contractor 

12 of the Department is alleged to have engaged in 

13 or facilitated an act of trafficking in persons 

14 and in such cases encourage, as appropriate, 

15 implementation of chapter 212 of title 18, 

16 United States Code (commonly referred to as 

17 the Military Extraterritorial Jurisdiction Act of 

18 2000) and this Act; 

19 ‘‘(ii) oversee the enforcement of— 

20 ‘‘(I) Defense Federal Acquisition In21 struction 952.222–0001 (‘Prohibition 

22 Against Human Trafficking, Inhumane 

23 Living Conditions, and Withholding of Em24 ployees Passports’) (July 2010), 


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1 ‘‘(II) Defense Federal Acquisition In2 struction 952.225–0004 (‘Compliance with 

3 Laws and Regulations’) (July 2010), and 

4 ‘‘(III) Defense Federal Acquisition In5 struction 252.225–7997 (‘Additional Re6 quirements and Responsibilities Relating to 

7 Alleged Crimes by or Against Contractor 

8 Personnel in Iraq or Afghani9 stan’)(Deviation 2010–O0014) (August 

10 2010), 

11 each as in effect on July 31, 2011; and 

12 ‘‘(iii) maintain a database of those cases 

13 determined to be in violation of the statutes ref14 erenced in clause (i) and regulations referenced 

15 in clause (ii); 

16 ‘‘(B) ensure that training materials and in17 structional programs relating to trafficking in 

18 persons are developed and used by the military 

19 departments; 

20 ‘‘(C) consult regularly with academicians, 

21 faith-based organizations, multilateral organiza22 tions, nongovernmental organizations, and oth23 ers with expertise in combating trafficking in 

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1 tation of policies relating to trafficking in per2 sons; 

3 ‘‘(D) conduct surveys of members of the 

4 Armed Forces and of employees of the Depart5 ment to assess attitudes and knowledge regard6 ing trafficking in persons and use the results of 

7 those surveys to develop training materials and 

8 instructional programs relating to trafficking in 

9 persons; 

10 ‘‘(E) ensure that trafficking in persons is 

11 included as an intelligence requirement in 

12 peacekeeping missions that track organized 

13 crime; 

14 ‘‘(F) establish a mechanism to ensure that 

15 neither the Department nor any contractor (or 

16 subcontractor at any tier) of the Department 

17 rehires an employee of such a contractor (or 

18 subcontractor) who engaged in a severe form of 

19 trafficking in persons while the contract is in 

20 effect; 

21 ‘‘(G) include the subject of trafficking in 

22 persons in military-to-military contact pro23 grams; 

24 ‘‘(H) in consultation with the Office of the 

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1 tigate links between trafficking in persons and 

2 deployments of members of the Armed Forces 

3 and contractors of the Department; 

4 ‘‘(I) consult with contractors of the De5 partment on programs to prevent trafficking in 

6 persons and on accountability structures relat7 ing to trafficking in persons; and 

8 ‘‘(J) perform such other related duties as 

9 the Secretary may require. 

10 ‘‘(4) RESOURCES.—The Secretary of Defense 

11 shall ensure the Director has sufficient staff and re12 sources to carry out the general and specific duties 

13 described in this subsection. 

14 ‘‘(5) RANK.—The Director shall have the rank 

15 of Assistant Secretary.’’. 

16 SEC. 203. ASSISTANCE FOR VICTIMS OF TRAFFICKING. 

17 (a) BENEFITS AND SERVICES.—Section 

18 107(b)(1)(B) of the Trafficking Victims Protection Act of 

19 2000 (22 U.S.C. 7105(b)(1)(B)) is amended— 

20 (1) by inserting ‘‘an alien classified as a non21 immigrant under section 101(a)(15)(U)(i) of the Im22 migration and Nationality Act by reason of criminal 

23 activity that is trafficking’’ before ‘‘, and aliens clas24 sified as a nonimmigrant under section 

25 101(a)(15)(T)(ii)’’; and 


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1 (2) by inserting after ‘‘and aliens classified as 

2 a nonimmigrant under section 101(a)(15)(T)(ii)’’ 

3 the following: ‘‘of the Immigration and Nationality 

4 Act’’. 

5 (b) CONFORMING AMENDMENT.—Section 

6 107(b)(1)(A) of the Trafficking Victims Protection Act of 

7 2000 (22 U.S.C. 7105(b)(1)(A)) is amended— 

8 (1) by inserting ‘‘an alien classified as a non9 immigrant under section 101(a)(15)(U)(i) of the Im10 migration and Nationality Act by reason of criminal 

11 activity that is trafficking’’ before ‘‘, or an alien 

12 classified as a nonimmigrant under section 

13 101(a)(15(T)(ii)’’; and 

14 (2) by inserting after ‘‘an alien classified as a 

15 nonimmigrant under section 101(a)(15(T)(ii)’’ the 

16 following: ‘‘of the Immigration and Nationality Act’’. 

17 SEC. 204. ENSURING TIMELY RESPONSE TO REQUESTS FOR 

18 CONTINUED PRESENCE. 

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

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

21 amended— 

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

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

24 witness’’; and 


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

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

3 made to a Federal law enforcement official, such of4 ficial shall respond to the request not later than 15 

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

6 stating whether the official has filed the application 

7 for continued presence with the Secretary of Home8 land Security and, if not, whether the official expects 

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

10 on which such an application is filed, the Secretary 

11 of Homeland Security shall approve or deny that ap12 plication.’’. 

13 SEC. 205. REPORT TO CONGRESS. 

14 Section 110(b) of the Trafficking Victims Protection 

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

16 the following: 

17 ‘‘(5) ADDITIONAL REPORTING REQUIREMENT.— 

18 In addition to the information required in the an19 nual report under paragraph (1) and the interim re20 port under paragraph (2), the Secretary of State 

21 shall include in each such report a description of ef22 forts of the United States to comply with minimum 

23 standards for the elimination of trafficking.’’. 


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1 Subtitle B—Amendments to Title 

2 18, United States Code 

3 SEC. 211. RENAMING OF BASIC FEDERAL TRAFFICKING 

4 STATUTE. 

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

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

8 trafficking and related offenses’’. 

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

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

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

12 reads as follows: 

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

13 SEC. 212. CLARIFYING TRAFFICKING DEFINITIONS AND 

14 PROSECUTION. 

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

16 1591 of title 18, United States Code, is amended in the 

17 section heading, by striking ‘‘Sex trafficking of chil18 dren or by force, fraud, or coercion’’ and insert19 ing ‘‘Severe forms of trafficking in persons’’. 

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

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

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

23 reads as follows: 

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


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1 SEC. 213. FIGHTING SEX TOURISM. 

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

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

5 SEC. 214. IDENTIFICATION DOCUMENTS. 

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

7 State Code, is amended by adding at the end the following: 

8 ‘‘SEC. 1597. UNLAWFUL CONDUCT WITH RESPECT TO IMMI9 GRATION DOCUMENTS. 

10 ‘‘(a) DESTRUCTION, CONCEALMENT, REMOVAL, CON11 FISCATION, OR POSSESSION OF IMMIGRATION DOCU12 MENTS.—It shall be unlawful for any person to knowingly 

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

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

15 passport, other immigration, or personal identification 

16 document of another individual— 

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

18 of this title or section 274 of the Immigration and 

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

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

21 title or section 274 of the Immigration and Nation22 ality Act (8 U.S.C. 1324); or 

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

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

25 the individual. 


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

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

3 than 1 year, or both. 

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

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

7 described in subsection (b).’’. 

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

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

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

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

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

12 RICO PREDICATE. 

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

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

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

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

17 Subtitle C—Amendments to the 

18 Immigration and Nationality Act 

19 SEC. 221. HARMONIZATION OF T AND U VISA STANDARDS. 

20 (a) INADMISSIBILITY.—Section 212(d)(13) of the Im21 migration and Nationality Act (8 U.S.C. 1182(d)(13)) is 

22 amended— 

23 (1) in subparagraph (A), by adding at the end 

24 the following: ‘‘The Secretary of Homeland Security, 

25 in the Secretary’s discretion, may waive the applicaVerDate Mar 15 2010 00:02 Aug 31, 2011 Jkt 099200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H2830.IH H2830

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1 tion of subsection (a) (other than paragraph (3), 

2 (4), (10)(C), and (10)(E) of such subsection) in the 

3 case of a nonimmigrant described in section 

4 101(a)(15)(T), if the Secretary of Homeland Secu5 rity considers it to be in the public or national inter6 est to do so.’’; 

7 (2) by striking ‘‘(13)(A) The Secretary’’ and in8 serting ‘‘(13) The Secretary’’; and 

9 (3) by striking subparagraph (B). 

10 (b) ADJUSTMENT OF STATUS.—Section 245(l)(2)(B) 

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

12 1255(l)(2)(B)) is amended by striking ‘‘, if the activities 

13 rendering the alien inadmissible under the provision were 

14 caused by, or were incident to, the victimization described 

15 in section 101(a)(15)(T)(i)(I)’’. 

16 Subtitle D—Amendments to Other 

17 Laws 

18 SEC. 231. ENHANCING EFFORTS TO COMBAT THE TRAF19 FICKING OF CHILDREN. 

20 (a) COMBATING CHILD TRAFFICKING AT THE BOR21 DER AND PORTS OF ENTRY OF THE UNITED STATES.— 

22 (1) Section 235(a)(2)(A) of the William Wilber23 force Trafficking Victims Protection Reauthorization 

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


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

2 end; 

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

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

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

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

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

9 life or safety of such child.’’. 

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

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

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

14 unaccompanied alien children should be housed 

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

18 related to human trafficking or exploitation.’’ 

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

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

22 the course of building or remodeling existing 

23 immigration facilities, consideration should be 

24 given to including separate child-friendly space 


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1 conducive to disclosing information relating to 

2 human trafficking or exploitation.’’. 

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

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

6 adding at the end the following: 

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

8 than 180 days after the date of enactment of 

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

11 Secretary of Homeland Security, in consultation 

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

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

17 Protection. 

18 ‘‘(ii) The number of alien children 

19 screened for severe forms of human traf20 ficking. 

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

23 child welfare. 


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1 ‘‘(iv) How many of these children 

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

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

6 the William Wilberforce Trafficking Victims Protection 

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

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

9 ‘‘within 24 hours’’. 

10 (c) PROVIDING SAFE AND SECURE PLACEMENTS FOR

11 CHILDREN.— 

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

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

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

16 Homeland Security shall either release, pursuant to 

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

18 restrictive setting an alien who—’’ 

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

20 as a child; 

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

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

23 and 

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

25 age, for placement as a child.’’. 


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

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

4 follows: 

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

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

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

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

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

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

15 the parent, a home study’’. 

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

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

21 days after placement,’’. 

22 (3) Section 235(c)(6) of the William Wilber23 force Trafficking Victims Protection Reauthorization 

24 Act of 2008 (8 U.S.C. 1232(c)(6)) is amended as 

25 follows: 


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1 (A) Strike ‘‘The Secretary’’ and insert the 

2 following: 

3 ‘‘(A) APPOINTMENT.—The Secretary’’. 

4 (B) Insert after subparagraph (A) the fol5 lowing: 

6 ‘‘(B) PILOT PROGRAM.—Not later than 1 

7 year after the date of enactment of the Traf8 ficking Victims Protection Reauthorization Act 

9 of 2011, the Secretary shall establish pilot pro10 grams in 3 States to provide the services of 

11 independent child advocates for child trafficking 

12 victims and other vulnerable unaccompanied 

13 alien children. 

14 ‘‘(C) REPORT.—Not later than 1 year 

15 after the date of enactment of the Trafficking 

16 Victims Protection Reauthorization Act of 2011 

17 and annually thereafter, the Secretary shall 

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

20 Judiciary of the House of Representatives de21 scribing the activities undertaken by the Sec22 retary to appoint independent child advocates 

23 for vulnerable unaccompanied alien children.’’. 

24 (d) PERMANENT PROTECTION FOR CERTAIN AT25 RISK CHILDREN.—Section 235(d)(4) of the William WilVerDate Mar 15 2010 00:02 Aug 31, 2011 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H2830.IH H2830

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1 berforce Trafficking Victims Protection Reauthorization 

2 Act of 2008 (8 U.S.C. 1232(d)(4)) is amended as follows: 

3 (1) In subparagraph (A)— 

4 (A) by inserting ‘‘has been granted status 

5 under section 101(a)(15)(U) of the Immigration 

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

7 or who’’ before ‘‘has been granted’’; and 

8 (B) by inserting ‘‘to the same extent as an 

9 alien admitted under section 207 of the Immi10 gration and Nationality Act (8 U.S.C. 1157)’’ 

11 before ‘‘until the earlier of’’. 

12 (2) In subparagraph (B)— 

13 (A) by inserting ‘‘who has been granted 

14 status under section 101(a)(15)(U) of the Im15 migration and Nationality Act (8 U.S.C. 

16 1101(a)(15)(U)) or who’’ before ‘‘has been 

17 granted’’; and 

18 (B) by striking ‘‘Subject to the availability 

19 of appropriations, if’’ and inserting ‘‘If’’. 

20 SEC. 232. IMPROVING LOCAL EFFORTS TO COMBAT TRAF21 FICKING AND SEXUAL EXPLOITATION OF 

22 CHILDREN. 

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

24 671(a)) is amended— 


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

2 end; 

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

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

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

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

7 State child welfare existing practice and future plans 

8 regarding prevention measures and victim assistance 

9 related to the human trafficking and commercial 

10 sexual exploitation of foreign, United States citizen 

11 and legal resident children including— 

12 ‘‘(A) collaborations with local and State 

13 agencies and non-profit organizations to iden14 tify and care for children believed or confirmed 

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

16 form of human trafficking; 

17 ‘‘(B) training for the child welfare employ18 ees who are likely to come into contact with 

19 child victims of human trafficking; 

20 ‘‘(C) jurisdictional limits and other issues 

21 that hinder State child welfare response to aid 

22 child victims of human trafficking; 

23 ‘‘(D) data collection regarding children 

24 identified by child welfare services as victims of 


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1 trafficking and, if known, relationship to ex2 ploiter; and 

3 ‘‘(E) prevention education to families and 

4 at-risk children, including runaway and home5 less youth, regarding human trafficking and 

6 commercial sexual exploitation.’’. 

7 SEC. 233. EFFORTS TO PUBLICIZE THE NATIONAL HUMAN 

8 TRAFFICKING RESOURCE CENTER HOTLINE. 

9 (a) GRANTEE HOTLINE INFORMATION.—The Attor10 ney General shall consult with the Secretary of Health and 

11 Human Services to make reasonable efforts to distribute 

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

13 Trafficking Victims Protection Act of 2000 to publicize 

14 the National Human Trafficking Resource Center hotline 

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

16 well as field offices across the United States. 

17 (b) HOTLINE INFORMATION.— 

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

19 Human Services, in coordination with the Attorney 

20 General, shall make reasonable efforts to encourage 

21 States to adopt legislation to raise public awareness 

22 of the National Human Trafficking Resource Center 

23 hotline in every mandated establishment where vic24 tims of human trafficking may possibly work or 

25 visit. 


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1 (2) POSTING OF MODEL HOTLINE INFORMA2 TION.—The legislation described in paragraph (1) 

3 should include a requirement that information relat4 ing to the National Human Trafficking Resource 

5 Center hotline be posted in accordance with the fol6 lowing specifications: 

7 (A) POSTER LOCATION.—The poster 

8 should be publicly displayed in a conspicuous 

9 place near the entrance of mandated establish10 ments or where such posters and notices are 

11 customarily posted in such establishments. 

12 (B) POSTER SPECIFICATIONS.—The poster 

should be no smaller than 81 13 ⁄2 by 11 inches in 

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

15 you know is being forced to engage in any activ16 ity and cannot leave—whether it is commercial 

17 sex, housework, farm work, or any other activ18 ity—call the National Human Trafficking Re19 source Center Hotline at 1–888–373–7888 to 

20 access help and services. Victims of human traf21 ficking are protected under United States and 

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

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

24 non-profit, nongovernmental organization. 

25 Anonymous & Confidential. Accessible in 170 


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1 languages. Able to provide help, referral to serv2 ices, training, and general information.’’. 

3 (C) LANGUAGES.—The poster should be 

4 printed in English, Spanish, and any other lan5 guages required by the Voting Rights Act in the 

6 county in which the poster will be posted. 

7 (D) NOTICE.—The licensing authority 

8 should provide each mandated establishment 

9 with notice of this section and with the required 

10 poster upon licensing and should place the post11 er on its public Web site for mandated estab12 lishments to print as needed. 

13 (3) DEFINITION OF MANDATED ESTABLISH14 MENT.—For purposes of this section, a ‘‘mandated 

15 establishment’’ means— 

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

17 establishment; 

18 (B) an establishment that receives a liquor 

19 license; 

20 (C) a strip club or other sexually oriented 

21 business; 

22 (D) a restaurant; 

23 (E) an airport; 

24 (F) a train station; 

25 (G) a bus station; 


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1 (H) a highway truck stop; 

2 (I) a highway rest stop; 

3 (J) a hospital, HMO, or urgent care cen4 ter; 

5 (K) a farm; 

6 (L) a high school; or 

7 (M) a job recruitment center. 

8 SEC. 234. PREVENTION OF TRAFFICKING IN PERSONS IN9 VOLVING WORKERS RECRUITED ABROAD. 

10 (a) FINDINGS.—Congress makes the following find11 ings: 

12 (1) Foreign labor contractors are increasingly 

13 relied upon to facilitate the movement of labor from 

14 one country to another. 

15 (2) While many foreign labor contractors be16 have ethically and are engaged in lawful conduct, 

17 certain foreign labor contractors are often complicit 

18 with or directly involved in trafficking of workers. 

19 (3) Some contractors charge exorbitant fees for 

20 their services, force workers into debt bondage, fal21 sify documents, and deceive workers about their 

22 terms and conditions of work, increasing workers’ 

23 vulnerability to human trafficking. 

24 (4) Stricter regulation of labor recruiters is 

25 needed to protect workers entering the United 


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1 States from human trafficking and other abuses. 

2 Stronger legal frameworks will ensure the integrity 

3 of the American economy, which is undermined when 

4 unregulated actors conspire to fraudulently deceive 

5 workers about the terms and conditions of work. 

6 (b) DEFINITIONS.—In this section: 

7 (1) FOREIGN LABOR CONTRACTOR.—The term 

8 ‘‘foreign labor contractor’’ means any person who 

9 performs any foreign labor contracting activity, in10 cluding any person who performs foreign labor con11 tracting activity wholly outside of the United States, 

12 except that the term does not include a United 

13 States governmental entity of the United States 

14 Government. 

15 (2) FOREIGN LABOR CONTRACTING ACTIVITY.— 

16 The term ‘‘foreign labor contracting activity’’ means 

17 recruiting, soliciting, hiring, employing, managing, 

18 or furnishing, processing visa applications for, trans19 porting, or housing an individual who resides outside 

20 of the United States to be employed in the United 

21 States, including when such activity occurs wholly 

22 outside of the United States. 

23 (3) PERSON.—The term ‘‘person’’ means any 

24 natural person or any corporation, company, firm, 

25 partnership, joint stock company or association or 


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1 other organization or entity (whether organized 

2 under law or not), including municipal corporations. 

3 (4) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Labor. 

5 (5) WORKER.—The term ‘‘worker’’ means an 

6 individual who is the subject of foreign labor con7 tracting activity. 

8 (c) DISCLOSURE.—Any person who engages in for9 eign labor contracting activity shall ascertain and disclose 

10 in writing in English and in the language of the worker 

11 being recruited, to each worker who is recruited for em12 ployment, at the time of the worker’s recruitment, the fol13 lowing information: 

14 (1) The identity of the employer and the iden15 tity of the person conducting the recruiting on be16 half of the employer, including any subcontractor or 

17 agent involved in such recruiting. 

18 (2) A signed copy of the work contract, includ19 ing all assurances and terms and conditions of em20 ployment, from the prospective employer for whom 

21 the worker is being recruited. The contract shall in22 clude— 

23 (A) the level of compensation to be paid; 

24 (B) the place and period of employment; 


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1 (C) a description of the type and nature of 

2 employment activities; 

3 (D) any withholdings or deductions from 

4 compensation, whether on behalf of a govern5 ment, the employer, or a third party; and 

6 (E) any penalties for early termination of 

7 employment. 

8 (3) The type of visa under which the foreign 

9 worker is to be employed, the length of time the visa 

10 is valid, the terms and conditions under which this 

11 visa may be renewed with a clear statement that 

12 there is no guarantee that the visa will be renewed 

13 by the United States Government, whether or not 

14 the employer will apply for renewal of the worker’s 

15 visa and any expenses that the worker may incur 

16 with securing or renewing the visa. 

17 (4) An itemized list of any costs or expenses to 

18 be charged to the worker, including but not limited 

19 to— 

20 (A) the costs of housing or accommoda21 tion, transportation to and from the worksite, 

22 meals, medical examinations, healthcare or safe23 ty equipment costs; and 

24 (B) any other costs, expenses or deduc25 tions to be charged the worker. 


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1 (5) A statement, in a form specified by the Sec2 retary— 

3 (A) stating that no foreign labor con4 tractor, or agent or employee of a foreign labor 

5 contractor, can lawfully assess any fee (includ6 ing visa fees, processing fees, transportation 

7 fees, legal expenses, placement fees, and other 

8 costs) to a worker for any foreign labor con9 tracting activity; and that the employer may 

10 bear such costs or fees for the foreign labor 

11 contractor, but that these fees cannot be as12 sessed along to the worker; 

13 (B) explaining that— 

14 (i) no additional requirements or 

15 changes may be made from the terms of 

16 the contract originally signed by the work17 er unless the worker is provided at least 48 

18 hours to review and consider the additional 

19 requirements or changes; 

20 (ii) no such additional requirements or 

21 changes can be made to the original con22 tract signed by the worker without the spe23 cific consent of the worker to each such 

24 additional requirement or change; and 


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1 (iii) such consent must be obtained 

2 voluntarily and without threat of penalty 

3 or will be viewed as a violation of law sub4 ject to the provisions of subsection (i); and 

5 (C) describing the protections afforded the 

6 worker by this section and by the Trafficking 

7 Victims Protection Act of 2000 (Division A of 

8 the Public Law 106486) and any applicable 

9 guest worker program, including relevant infor10 mation about the procedure for filing a com11 plaint provided for in subsection (i) and tele12 phone number for the national human traf13 ficking resource center hotline number. 

14 (6) Any education or training to be provided or 

15 required, including the nature, timing and cost of 

16 such training and the person who will pay such 

17 costs, whether the training is a condition of employ18 ment, continued employment, or future employment; 

19 and whether the worker will be paid or remunerated 

20 during the training period, including the rate of pay. 

21 (7) Any other information that the Secretary 

22 may require by regulation. 

23 (d) RESTRICTION.—No foreign labor contractor or 

24 employer who engages in foreign labor contracting activity 

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1 formation to any worker concerning any matter required 

2 to be disclosed under subsection (c). The disclosure re3 quired by this section is a document concerning the proper 

4 administration of a matter within the jurisdiction of a de5 partment or agency of the United States for the purposes 

6 of section 1519 of title 18, United States Code. 

7 (e) RECRUITMENT FEES.—No foreign labor con8 tractor, or agent or employee of a foreign labor contractor, 

9 shall assess any fee (including visa fees, processing fees, 

10 transportation fees, legal expenses, placement fees, and 

11 other costs) to a worker for any foreign labor contracting 

12 activity. 

13 (f) REGISTRATION.— 

14 (1) IN GENERAL.—Before engaging in any for15 eign labor contracting activity, any person who is a 

16 foreign labor contractor or who, for any money or 

17 other valuable consideration paid or promised to be 

18 paid, performs a foreign labor contracting activity 

19 on behalf of a foreign labor contractor, shall obtain 

20 a certificate of registration from the Secretary of 

21 Labor pursuant to regulations promulgated by the 

22 Secretary under paragraph (4). 

23 (2) EXCEPTION FOR CERTAIN EMPLOYERS.—An 

24 employer, or employee of an employer, who engages 

25 in foreign labor contracting activity solely to find 


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1 workers for the employer’s own use, and without the 

2 participation of any other foreign labor contractor, 

3 shall not be required to register under this section. 

4 Notwithstanding the preceding sentence, such an 

5 employer shall be subject to the requirements of sub6 sections (c), (d), and (e) and shall be subject to the 

7 remedies under subsection (i) for all violations stem8 ming from its own foreign labor contracting activity. 

9 (3) NOTIFICATION.—Not less frequently than 

10 once every 2 years, each employer shall notify the 

11 Secretary of the identity of any foreign labor con12 tractor involved in any foreign labor contractor ac13 tivity for, or on behalf of, the employer. Each for14 eign labor contractor shall notify the Secretary not 

15 less frequently than once every 2 years, of the iden16 tity of any agent or foreign labor contractor em17 ployee involved in any foreign labor contractor activ18 ity for, or on behalf of, the foreign labor contractor. 

19 The employer shall also notify the Secretary of the 

20 identity of such a foreign labor contractor whose ac21 tivities do not comply with this section. 

22 (4) ISSUANCE.—Not later than 180 days after 

23 the date of the enactment of this Act, the Secretary 

24 shall promulgate regulations to establish an efficient 

25 electronic process for the timely investigation and 


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1 approval of an application for a certificate of reg2 istration of foreign labor contractors, including— 

3 (A) requirements under paragraphs (1), 

4 (4), and (5) of section 102 of the Migrant and 

5 Seasonal Agricultural Worker Protection Act 

6 (29 U.S.C. 1812); 

7 (B) an expeditious means to update reg8 istrations and renew certificates; 

9 (C) providing for the consent of any for10 eign labor recruiter to the designation by a 

11 court of the Secretary as an agent available to 

12 accept service of summons in any action against 

13 the applicant, if the applicant has left the juris14 diction in which the action is commenced other15 wise has become unavailable to accept service or 

16 is subject to personal jurisdiction in no State; 

17 (D) providing for consultation with other 

18 appropriate Federal agencies to determine 

19 whether any reason exists to deny registration 

20 to a foreign labor contractor; and 

21 (E) any other requirements that the Sec22 retary may prescribe. 

23 (5) TERM OF REGISTRATION.—Unless sus24 pended or revoked, a certificate under this subpara25 graph shall be valid for 2 years. 


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1 (6) APPLICATION FEE.—In addition to any 

2 other fees authorized by law, the Secretary shall im3 pose a fee, to be deposited in the Treasury, on a for4 eign labor contractor that submits an application for 

5 a certificate of registration under this section on or 

6 after the date that is 30 days after the effective date 

7 of the regulations promulgated under this sub8 section. Fees shall be set at a level the Secretary de9 termines will cover the full costs of carrying out for10 eign labor contract registration activities under this 

11 section and any additional costs associated with the 

12 administration of the fees collected. 

13 (7) REFUSAL TO ISSUE; REVOCATION.—In ac14 cordance with regulations promulgated by the Sec15 retary of Labor, the Secretary shall refuse to issue 

16 or renew, or shall revoke and debar from eligibility 

17 to obtain a certificate of registration for a period of 

18 not greater than 5 years, after notice and an oppor19 tunity for a hearing, a certificate of registration 

20 under this subparagraph if— 

21 (A) the applicant for, or holder of, the cer22 tification has knowingly made a material mis23 representation in the application for such cer24 tificate; 


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1 (B) the applicant for, or holder of, the cer2 tification is not the real party in interest in the 

3 application or certificate of registration and the 

4 real party in interest— 

5 (i) is a person who has been refused 

6 issuance or renewal of a certificate; 

7 (ii) has had a certificate revoked; or 

8 (iii) does not qualify for a certificate 

9 under this paragraph; 

10 (C) the applicant for, or holder of, the cer11 tification has been convicted within the pre12 ceding five years of any crime described in sub13 paragraph (A) or (B) of section 103(a)(5) of 

14 the Migrant and Seasonal Agricultural Worker 

15 Protection Act (29 U.S.C. 1813(a)(5)); or 

16 (D) the applicant for, or holder of, the cer17 tification has materially failed to comply with 

18 this subsection. 

19 (8) MAINTENANCE OF LISTS.— 

20 (A) IN GENERAL.—The Secretary shall 

21 maintain— 

22 (i) a list of all foreign labor contrac23 tors registered under this subsection, in24 cluding the countries from which they re25 cruit, the employers for whom they recruit, 


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1 and the States where recruited workers are 

2 employed; and 

3 (ii) a list of all foreign labor contrac4 tors whose certificate of registration the 

5 Secretary has revoked. 

6 (B) PUBLIC AVAILABILITY.—Not less than 

7 every 6 months, the Secretary shall regularly 

8 update the list described in this paragraph and 

9 make the list publicly available including 

10 through continuous publication on the Internet 

11 and in written form at and on the Web sites of 

12 United States embassies in the official language 

13 of that country. 

14 (9) RE-REGISTRATION OF VIOLATORS.—The 

15 Secretary shall establish a procedure by which a for16 eign labor contractor that has had its registration 

17 revoked may seek to re-register under this para18 graph by demonstrating to the Secretary’s satisfac19 tion that the foreign labor contractor has not vio20 lated this subsection in the previous 5 years and 

21 that the foreign labor contractor has taken sufficient 

22 steps to prevent future violations of this subsection. 

23 (g) AMENDMENT TO IMMIGRATION AND NATION24 ALITY ACT.—Section 214 of the Immigration and Nation25 ality Act is amended by adding at the end the following: 


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1 ‘‘(s) A visa shall not be issued under the subpara2 graph (A)(iii), (B)(i) (but only for domestic servants de3 scribed in clause (i) or (ii) of section 274a.12(c)(17) of 

4 title 8, Code of Federal Regulations (as in effect on De5 cember 4, 2007)), (G)(v), (H), (J), (L), (Q), or (R) of 

6 section 101(a)(15) until the consular officer— 

7 ‘‘(1) has provided to and reviewed with the ap8 plicant, in the applicant’s language (or a language 

9 the applicant understands), a copy of the informa10 tion and resources pamphlet required by section 202 

11 of the William Wilberforce Trafficking Victims Pro12 tection Reauthorization Act of 2008; and 

13 ‘‘(2) has reviewed and made a part of the visa 

14 file the foreign labor recruiter disclosures required 

15 by section 234(c) of the Trafficking Victims Protec16 tion Reauthorization Act of 2011, including whether 

17 the foreign labor recruiter is registered pursuant to 

18 that section.’’. 

19 (h) RESPONSIBILITIES OF SECRETARY OF STATE.— 

20 (1) IN GENERAL.—The Secretary of State shall 

21 ensure that each United States diplomatic mission 

22 has a person who shall be responsible for receiving 

23 information from any worker who alleges to have 

24 been subjected to a severe form of trafficking in per25 sons, as that term is defined in section 103(8) of the 


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1 Trafficking Victims Protection Act of 2000 (22 

2 U.S.C. 7102(8)). 

3 (2) PROVISION OF INFORMATION.—The respon4 sible person shall ensure that the information re5 ceived is provided to the Department of Justice, the 

6 Department of Labor, or any other relevant Federal 

7 agency. The Department of Justice and the Depart8 ment of Labor shall ensure that there is a mecha9 nism for any actions that need to be taken in re10 sponse to such information. 

11 (i) ENFORCEMENT PROVISIONS.— 

12 (1) COMPLAINTS AND INVESTIGATIONS.—The 

13 Secretary of Labor shall establish a process for the 

14 receipt, investigation, and disposition of complaints 

15 filed by any person, including complaints respecting 

16 a foreign labor contractor’s compliance with this sec17 tion. The Secretary, either pursuant to the com18 plaint process or otherwise, may investigate employ19 ers or foreign labor contractors as necessary to de20 termine such compliance. 

21 (2) ADMINISTRATIVE ENFORCEMENT.— 

22 (A) IN GENERAL.—If the Secretary finds, 

23 after notice and an opportunity for a hearing, 

24 that any foreign labor contractor failed to com25 ply with the requirements of this section, the 


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1 Secretary may impose the following against 

2 such contractor— 

3 (i) a fine in an amount not more than 

4 $10,000 per violation; and 

5 (ii) upon the occasion of a third viola6 tion or a failure to comply with representa7 tions, a fine of not more than $25,000 per 

8 violation. 

9 (B) AUTHORITY TO ENSURE COMPLI10 ANCE.—The Secretary is authorized to take 

11 other such actions, including issuing subpoenas 

12 and seeking appropriate injunctive relief and re13 covery of damages, as may be necessary to as14 sure compliance with the terms and conditions 

15 of this section. 

16 (C) BONDING REQUIREMENT.—The Sec17 retary may require a foreign labor contractor to 

18 post a bond in the amount sufficient to ensure 

19 the protection of individuals recruited by the 

20 foreign labor contractor. 

21 (3) CIVIL ACTION.— 

22 (A) IN GENERAL.—The Secretary of Labor 

23 or any person aggrieved by a violation of this 

24 section (or regulations issued under this sec25 tion) may bring a civil action against any forVerDate Mar 15 2010 00:02 Aug 31, 2011 Jkt 099200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H2830.IH H2830

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1 eign labor contractor in any court of competent 

2 jurisdiction— 

3 (i) to seek remedial action, including 

4 injunctive relief; 

5 (ii) to recover damages on behalf of 

6 any worker harmed by a violation of this 

7 section; and 

8 (iii) to ensure compliance with re9 quirements of this subsection. 

10 (B) ACTIONS BY THE DEPARTMENT OF

11 LABOR.— 

12 (i) SUMS RECOVERED.—Any sums re13 covered by the Secretary on behalf of a 

14 worker under subparagraph (A)(ii) shall be 

15 held in a special deposit account and shall 

16 be paid, on order of the Secretary, directly 

17 to each worker affected. Any such sums 

18 not paid to a worker because of inability to 

19 do so within a period of 5 years shall be 

20 credited as an offsetting collection to the 

21 appropriations account of the Secretary for 

22 expenses for the administration of this sec23 tion and shall remain available to the Sec24 retary until expended or may be trans25 ferred to the Secretary of Health and 


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1 Human Services for the purpose of pro2 viding support to programs that provide 

3 assistance to victims of trafficking in per4 sons or other exploited persons. 

5 (ii) REPRESENTATION.—Except as 

6 provided in section 518(a) of title 28, 

7 United States Code, the Solicitor of Labor 

8 may appear for and represent the Sec9 retary of Labor in any civil litigation 

10 brought under this paragraph. All such 

11 litigation shall be subject to the direction 

12 and control of the Attorney General. 

13 (C) ACTIONS BY INDIVIDUALS.— 

14 (i) AWARD.—If the court finds in a 

15 civil action filed by an individual under 

16 this subsection that the defendant has vio17 lated any provision of this section (or any 

18 regulation under this section), it may 

19 award damages up to and including an 

20 amount equal to the amount of actual 

21 damages, or statutory damages of up to 

22 $1,000 per plaintiff per violation, or other 

23 equitable relief, except that with respect to 

24 statutory damages— 


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1 (I) multiple infractions of a sin2 gle provision of this section (or of a 

3 regulation under this section) shall 

4 constitute only 1 violation for pur5 poses of determining the amount of 

6 damages due a plaintiff; and 

7 (II) if such complaint is certified 

8 as a class action, the court may award 

9 damages up to an amount equal to 

10 the amount of actual damages, statu11 tory damages of no more than the 

12 lesser of up to $1,000 per violation, or 

13 up to $500,000, or other equitable re14 lief; and 

15 (III) reasonable attorneys fees 

16 and costs. 

17 (ii) CRITERIA.—In determining the 

18 amount of statutory damages to be award19 ed under clause (i), the court is authorized 

20 to consider whether an attempt was made 

21 to resolve the issues in dispute before the 

22 resort to litigation. 

23 (iii) APPEAL.—Any civil action 

24 brought under this section shall be subject 

25 to appeal as provided in chapter 83 of title 


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1 28, United States Code (28 U.S.C. 1291 et 

2 seq.). 

3 (iv) ACCESS TO LEGAL SERVICES COR4 PORATION.—Notwithstanding any other 

5 provision of law, the Legal Services Cor6 poration and recipients of its funding may 

7 provide legal services on behalf of an alien 

8 who brings a civil action under this para9 graph. 

10 (4) AGENCY LIABILITY.— 

11 (A) IN GENERAL.—Beginning 180 days 

12 after the Secretary of Labor has promulgated 

13 regulations pursuant to subsection (f)(4), an 

14 employer who retains the services of a foreign 

15 labor contractor shall only use those foreign 

16 labor contractors who are registered under sub17 section (f). An employer who uses a foreign 

18 labor contractor who is not registered under 

19 subsection (f) after such time period, or who 

20 uses a foreign labor contractor that has violated 

21 any provision of this section, shall be subject to 

22 the provisions of this subsection for violations 

23 committed by such foreign labor contractor to 

24 the same extent as if the employer were the forVerDate Mar 15 2010 00:02 Aug 31, 2011 Jkt 099200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H2830.IH H2830

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1 eign labor contractor who had committed the 

2 violation. 

3 (B) SAFE HARBOR.—An employer shall not 

4 have any liability under this subsection if the 

5 employer hires only workers referred by a for6 eign labor contractor that has a valid registra7 tion with the Department of Labor pursuant to 

8 subsection (f), the employer does not act with 

9 deliberate disregard of the fact that the foreign 

10 labor contractor has violated any provision of 

11 this section, and if the employer obtained 

12 knowledge of a violation of the provisions of 

13 this section, it immediately reported the viola14 tion to the Secretary. 

15 (5) RETALIATION.— 

16 (A) IN GENERAL.—No person shall intimi17 date, threaten, restrain, coerce, discharge or in 

18 any other manner discriminate or retaliate 

19 against any worker or their family members (in20 cluding a former employee or an applicant for 

21 employment) because such worker disclosed in22 formation to any person that the worker rea23 sonably believes evidences a violation of this 

24 section (or any rule or regulation pertaining to 

25 this section), including seeking legal assistance 


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1 of counsel or cooperating with an investigation 

2 or other proceeding concerning compliance with 

3 this section (or any rule or regulation per4 taining to this section). 

5 (B) ENFORCEMENT.—An individual who is 

6 subject to any conduct described in subpara7 graph (A) may, in a civil action, recover appro8 priate relief (including reasonable attorneys’ 

9 fees) with respect to that violation. Any civil ac10 tion under this subparagraph shall be stayed 

11 during the pendency of any criminal action aris12 ing out of the violation. 

13 (6) PRESENCE DURING PENDENCY OF AC14 TIONS.—The Attorney General and the Secretary of 

15 Homeland Security shall grant parole to the non16 immigrant to remain legally in the United States for 

17 time sufficient to fully and effectively participate in 

18 all legal proceedings related to any action taken pur19 suant to this subsection. Not later than 180 days 

20 after the date of the enactment of this Act, the Sec21 retary of Homeland Security shall promulgate regu22 lations to carry out this provision. 

23 (7) RULE OF CONSTRUCTION.—Nothing in this 

24 section shall be construed to preempt or alter any 


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1 other rights or remedies, including any causes of ac2 tion, available under any other Federal or State law. 

3 TITLE III—AUTHORIZATION OF 

4 APPROPRIATIONS 

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

6 (a) HUMAN SMUGGLING AND TRAFFICKING CEN7 TER.—Section 112A(b)(4) of the Trafficking Victims Pro8 tection Act of 2000 (22 U.S.C. 7109a(b)(4)) is amended 

9 by striking ‘‘fiscal years 2008 through 2011’’ and insert10 ing ‘‘fiscal years 2012 and 2013’’. 

11 (b) AUTHORIZATIONS OF APPROPRIATIONS.— 

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

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

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

15 2008 through 2011, such sums as may be necessary 

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

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

18 (2) Section 113 of the Trafficking Victims Pro19 tection Act of 2000 (22 U.S.C. 7110) is amended— 

20 (A) in subsection (a)— 

21 (i) in the first sentence— 

22 (I) by striking ‘‘104,’’; and 

23 (II) by striking ‘‘fiscal years 

24 2008 through 2011’’ and inserting 

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


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1 (ii) in the second sentence, by striking 

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

4 (B) in subsection (b)— 

5 (i) in paragraph (1)— 

6 (I) by striking ‘‘fiscal years 2008 

7 through 2011’’ and inserting ‘‘fiscal 

8 years 2012 and 2013’’; and 

9 (II) by adding at the end the fol10 lowing: ‘‘Of the amount made avail11 able to carry out the purposes of sec12 tion 107(b) for a fiscal year, not less 

13 than two-thirds of such amount shall 

14 be used to provide services for victims 

15 under such section.’’; and 

16 (ii) in paragraph (2), by striking 

17 ‘‘Secretary of Health and Human Serv18 ices’’ and all that follows and inserting 

19 ‘‘Secretary of Health and Human Services 

20 $7,000,000 for each of the fiscal years 

21 2012 and 2013.’’; 

22 (C) in subsection (c)(1)— 

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

24 ‘‘fiscal years 2008 through 2011’’ and in25 serting ‘‘fiscal years 2012 and 2013’’; 


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

2 ‘‘fiscal years 2008 through 2011’’ each 

3 place it appears and inserting ‘‘fiscal years 

4 2012 and 2013’’; and 

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

6 ‘‘fiscal years 2008 through 2011’’ and in7 serting ‘‘fiscal years 2012 and 2013’’; 

8 (D) in subsection (d)— 

9 (i) by redesignating subparagraphs 

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

11 (3), respectively; 

12 (ii) in paragraph (1) (as redesig13 nated), by striking ‘‘fiscal years 2008 

14 through 2011’’ and inserting ‘‘fiscal years 

15 2012 and 2013’’; 

16 (iii) in paragraph (2) (as redesig17 nated), by striking ‘‘fiscal years 2008 

18 through 2011’’ and inserting ‘‘fiscal years 

19 2012 and 2013’’; and 

20 (iv) in paragraph (3) (as redesig21 nated), by striking ‘‘Attorney General’’ and 

22 all that follows and inserting ‘‘Attorney 

23 General $7,000,000 for each of the fiscal 

24 years 2012 and 2013.’’; 

25 (E) in subsection (e)— 


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

4 (ii) in paragraph (2), by striking ‘‘fis5 cal years 2008 through 2011’’ and insert6 ing ‘‘fiscal years 2012 and 2013’’; and 

7 (iii) in paragraph (3), by striking ‘‘fis8 cal years 2008 through 2011’’ and insert9 ing ‘‘fiscal years 2012 and 2013’’; 

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

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

12 years 2012 and 2013’’; 

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

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

15 years 2012 and 2013’’; and 

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

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

18 years 2012 and 2013’’. 

19 SEC. 302. TRAFFICKING VICTIMS PROTECTION REAUTHOR20 IZATION ACT OF 2005. 

21 The Trafficking Victims Protection Reauthorization 

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

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

24 ‘‘$2,500,000 for each of the fiscal years 2008 


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

2 of the fiscal years 2012 and 2013’’; 

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

4 2008 through 2011’’ each place it appears and in5 serting ‘‘fiscal years 2012 and 2013’’; 

6 (3) in section 202(d), by striking ‘‘fiscal years 

7 2008 through 2011’’ and inserting ‘‘fiscal years 

8 2012 and 2013’’; 

9 (4) in section 203(g) by striking ‘‘$5,000,000 

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

11 inserting ‘‘$3,000,000 for each of the fiscal years 

12 2012 and 2013’’; and 

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

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

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

16 2012 and 2013’’. 

17 SEC. 303. REPORTING REQUIREMENT. 

18 Not later than March 31 of 2012 and 2013, the 

19 President shall submit to Congress a report for the prior 

20 fiscal year that shall include— 

21 (1) the amount of appropriations that each de22 partment or agency for which such appropriations 

23 were authorized under the Trafficking Victims Pro24 tection Act of 2000 or the Trafficking Victims ProVerDate Mar 15 2010 00:02 Aug 31, 2011 Jkt 099200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H2830.IH H2830

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1 tection Reauthorization Act of 2005 directed to ac2 tivities described in such Acts; 

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

4 appropriations identified in paragraph (1), including 

5 the responsible department or agency and the sec6 tion of the Trafficking Victims Protection Act of 

7 2000 or the Trafficking Victims Protection Reau8 thorization Act of 2005 that authorizes such activ9 ity; and 

10 (3) the appropriations account from which each 

11 activity described in paragraph (2) was funded and 

12 the amount contributed from such account for each 

13 activity. 

Æ 


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