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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2830 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Trafficking 
Victims Protection Reauthorization Act of 2011''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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.

        TITLE I--COMBATING INTERNATIONAL TRAFFICKING IN PERSONS

SEC. 101. AUTHORITY TO RESTRICT PASSPORTS.

    (a) In General.--The Secretary of State is authorized to--
            (1) limit to 1 year or such period of time as the Secretary 
        of State shall determine appropriate the period of validity of 
        a passport issued to a sex offender; and
            (2) revoke the passport or passport card of an individual 
        who has been convicted by a court of competent jurisdiction in 
        a foreign country of a sex offense.
    (b) Limitation for Return to United States.--Notwithstanding 
subsection (a), in no case shall a United States citizen convicted by a 
court of competent jurisdiction in a foreign country of a sex offense 
be precluded from entering the United States due to a passport 
revocation under such subsection.
    (c) Reapplication.--An individual whose passport or passport card 
was revoked pursuant to subsection (a)(2) may reapply for a passport or 
passport card at any time after such individual has returned to the 
United States.
    (d) Definitions.--For purposes of this section:
            (1) Sex offender.--The term ``sex offender'' means an 
        individual who is listed on the National Sex Offender Registry 
        established pursuant to section 119 of the Sex Offender 
        Registration and Notification Act (42 U.S.C. 16915).
            (2) Sex offense.--The term ``sex offense'' means a sex 
        offense as defined in section 111(5) of the Sex Offender 
        Registration and Notification Act (42 U.S.C. 16915).

SEC. 102. OFFICE TO MONITOR AND COMBAT MODERN SLAVERY AND OTHER FORMS 
              OF HUMAN TRAFFICKING.

    (a) In General.--Section 105(e) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7103(e)) is amended--
            (1) in the heading, by striking ``Office to Monitor and 
        Combat Trafficking'' and inserting ``Office To Monitor and 
        Combat Modern Slavery and Other Forms of Human Trafficking'';
            (2) in paragraph (1), in the first sentence, by striking 
        ``Office to Monitor and Combat Trafficking'' and inserting 
        ``Office To Monitor and Combat Modern Slavery and Other Forms 
        of Human Trafficking''; and
            (3) in paragraph (2)(B), by striking ``Office to Monitor 
        and Combat Trafficking'' each place it appears and inserting 
        ``Office To Monitor and Combat Modern Slavery and Other Forms 
        of Human Trafficking''.
    (b) Conforming Amendments.--Any reference in the Trafficking 
Victims Protection Act of 2000 or in any other Act to the Office to 
Monitor and Combat Trafficking or to the Director of the Office to 
Monitor and Combat Trafficking shall be deemed to be a reference to the 
Office To Monitor and Combat Modern Slavery and Other Forms of Human 
Trafficking or to the Director of the Office To Monitor and Combat 
Modern Slavery and Other Forms of Human Trafficking, respectively.

SEC. 103. PREVENTION OF TRAFFICKING.

    (a) Economic Alternatives To Prevent and Deter Trafficking.--
Section 106(a) of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7104(a)) is amended--
            (1) by striking ``The President'' and inserting the 
        following:
            ``(1) In general.--The President'';
            (2) in paragraph (1) (as redesignated), by inserting 
        ``targeted'' after ``carry out'';
            (3) by striking ``Such initiatives'' and inserting the 
        following:
            ``(2) Initiatives.--Such initiatives''.
            (4) by redesignating paragraphs (1) through (5) that follow 
        paragraph (2) (as redesignated) as subparagraphs (A) through 
        (E), respectively, and indenting each such subparagraph (as 
        redesignated) four ems from the left margin;
            (5) in paragraph (2) (as redesignated)--
                    (A) in subparagraph (A) (as redesignated), by 
                inserting ``and micro-enterprise'' after 
                ``microcredit'';
                    (B) in subparagraph (D) (as redesignated), by 
                striking ``and'' at the end;
                    (C) in subparagraph (E) (as redesignated), by 
                striking the period at the end and inserting ``; and'' 
                ; and
                    (D) by adding at the end the following:
                    ``(F) public-private partnerships to generate youth 
                employment opportunities.''; and
            (6) by adding at the end the following:
            ``(3) Priority for potential victims of trafficking.--In 
        carrying out such initiatives, the President may give priority 
        to the following persons who are potential victims of 
        trafficking:
                    ``(A) Stateless persons.
                    ``(B) Refugees and internally displaced persons.
                    ``(C) Persons who lack access to legal 
                representation or are otherwise marginalized.
                    ``(D) Persons from regions of limited social 
                protections or educational or economic options for 
                women, particularly persons who are victims of sexual 
                abuse or exploitation.
                    ``(E) Persons from regions of high undocumented 
                migration or displacement resulting from violent 
                conflict or natural disasters.
                    ``(F) Persons from regions with high rates of child 
                labor, child abandonment, or child sex tourism.
                    ``(G) Persons who meet one or more of the criteria 
                in subparagraphs (A) through (F).''.
    (b) Prevention of Trafficking in Conjunction With Post-Conflict and 
Humanitarian Emergency Assistance.--Section 106(h) of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7104(h)) is amended--
            (1) by striking ``The'' and inserting the following:
            ``(1) Incorporation of measures into existing programs.--
        The''; and
            (2) by adding at the end the following:
            ``(2) Authorization of assistance to specifically address 
        post-conflict and humanitarian emergencies.--The Secretary of 
        State, acting through the Director of the Office To Monitor and 
        Combat Modern Slavery and Other Forms of Human Trafficking, is 
        authorized to provide assistance on an urgent basis for 
        vulnerable populations at risk of severe forms of trafficking 
        in persons in conjunction with post-conflict situations and 
        humanitarian emergencies.''.

SEC. 104. REPORTS TO CONGRESS.

    Section 110(b) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7107(b)(1)) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``, acting through the Director of the Office 
                To Monitor and Combat Modern Slavery and Other Forms of 
                Human Trafficking,'' after ``Secretary of State'';
                    (B) in subparagraph (E), by striking ``and'' at the 
                end;
                    (C) by redesignating subparagraph (F) as 
                subparagraph (I); and
                    (D) by inserting after subparagraph (E) the 
                following:
                    ``(F) a section entitled `Best Practices in Slavery 
                Eradication' to highlight innovations in prevention, 
                protection, and prosecution of the perpetrators of 
                trafficking , as well as public-private partnerships;
                    ``(G) a section entitled `Refugee-Trafficking 
                Connection' to highlight the vulnerability of refugee 
                populations to human trafficking and to make 
                recommendations for the prevention of refugee 
                trafficking;
                    ``(H) an assessment of the actions taken by the 
                Department of State and the Department of Justice to 
                investigate allegations of trafficking or abuse of 
                nonimmigrants holding an A-3 visa or a G-5 visa (as 
                such terms are defined in section 203(f) of the William 
                Wilberforce Trafficking Victims Protection 
                Reauthorization Act of 2008), results of such 
                investigations; and''; and
            (2) in paragraph (2), by inserting ``, acting through the 
        Director of the Office To Monitor and Combat Modern Slavery and 
        Other Forms of Human Trafficking,'' after ``Secretary of 
        State''.

SEC. 105. TEMPORARY INCREASE IN FEE FOR CERTAIN CONSULAR SERVICES.

    Section 239(c) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1351 note) is amended 
by striking ``the date that is 3 years after the first date on which 
such increased fee is collected'' and inserting ``September 30, 2013''.

SEC. 106. ADDITIONAL ACTIVITIES TO MONITOR AND COMBAT FORCED LABOR AND 
              CHILD LABOR.

    Section 105(b) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (22 U.S.C. 7112(b)) is amended--
            (1) in paragraph (1), by inserting ``and the United 
        States'' after ``foreign countries'';
            (2) in paragraph (2)(C)--
                    (A) by inserting ``and Congress'' after ``public'';
                    (B) by inserting ``, including the United States,'' 
                after ``countries''; and
                    (C) by adding at the end before the semicolon the 
                following: ``, including goods that are produced with 
                inputs that are produced with forced labor or child 
                labor, and, to the extent practicable, to identify 
                persons or businesses that produce such goods''; and
            (3) by adding at the end the following:
            ``(3) List of goods and identification of persons or 
        businesses.--The list of goods and identification of persons or 
        businesses that produce such goods described in paragraph 
        (2)(C) shall be made available to the public and provided to 
        Congress not later than April 1, 2012, and updated not less 
        than every two years thereafter.''.

SEC. 107. ENHANCING PROTECTION FOR CHILDREN EXPLOITED ABROAD BY UNITED 
              STATES CITIZENS AND PERMANENT RESIDENT ALIENS.

    Section 2423 of title 18, United States Code, is amended--
            (1) in subsection (c)--
                    (A) by inserting ``or engages in travel affecting'' 
                before ``foreign commerce''; and
                    (B) by inserting ``(even if residing, whether 
                temporarily or permanently, in a foreign 
                jurisdiction)'' after ``foreign commerce''; and
            (2) by inserting after subsection (g) the following:
    ``(h) Non-Defenses.--It is not a defense to a prosecution under 
subsection (c), based on illicit sexual conduct, that the defendant is 
not criminally liable or is subject to reduced criminal liability due 
to the de jure or de facto acceptance of the illicit conduct in the 
foreign jurisdiction in which the defendant travels or resides.''.

    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.

    (a) Appointment.--Section 105(b) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7103(b)) is amended by inserting 
after ``Education,'' the following: ``the Director of the Peace 
Corps,''.
    (b) Report on Activities of Government Contractors and 
Subcontractors.--Section 105(d)(7) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is amended--
            (1) in subparagraph (H)(iii), by striking the semicolon at 
        the end and inserting the following: ``, including whether--
                                    ``(I) employee handbooks or 
                                handbook equivalents of such government 
                                contractors and subcontractors describe 
                                the United States Government's zero-
                                tolerance policy regarding trafficking 
                                in persons and the actions, up to and 
                                including termination, that the 
                                employer will take against its 
                                employees for violations of the zero-
                                tolerance policy; and
                                    ``(II) any employees of such 
                                government contractors or 
                                subcontractors have been disciplined or 
                                terminated or prosecuted for violation 
                                of the zero-tolerance policy;''; and
            (2) in subparagraph (I)(i), by adding at the end before the 
        semicolon the following: ``, including the extent to which 
        Federal departments and agencies have terminated any contracts 
        of United States Government's contractors or subcontractors 
        based on a trafficking in persons offense and whether any 
        employees of any United States Government's contractor or 
        subcontractor have been disciplined, terminated, or prosecuted 
        for violation of the zero-tolerance policy''.
    (c) Report on Activities of Bureau of Justice Assistance.--Section 
105(d)(7) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7103(d)(7)), as amended by subsection (b) of this section, is further 
amended--
            (1) in subparagraph (I), by striking ``and'' at the end;
            (2) in subparagraph (J), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding the following:
                    ``(K) with regard to grant activities of the Bureau 
                of Justice Assistance--
                            ``(i) for each human trafficking taskforce 
                        whose operations are supported by grants from 
                        the Department of Justice, the number of 
                        reports of trafficking, investigations of 
                        trafficking, T- and U-visa certifications 
                        requested and granted in connection with 
                        instances of trafficking, requests for 
                        continuation of presence under 107(c)(A)(iii) 
                        and grants of the same;
                            ``(ii) a description of the data described 
                        in clause (i) classified by certain identifying 
                        information of each trafficking victim 
                        including sex, age, citizenship, and whether 
                        that individual was the victim of trafficking 
                        for purposes of labor or for commercial sex; 
                        and
                            ``(iii) an outline of the content of any 
                        existing protocols of the human trafficking 
                        taskforce for reporting trafficking and points 
                        of entry into the criminal investigation and 
                        service provision collaboration.''.

SEC. 202. DEPARTMENT OF DEFENSE DIRECTOR OF ANTI-TRAFFICKING POLICIES.

    Section 105 of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7103) is amended by adding at the end the following:
    ``(g) Department of Defense Director of Anti-Trafficking 
Policies.--
            ``(1) Establishment.--The Secretary of Defense shall 
        designate within the Office of the Secretary of Defense a 
        Director of Anti-Trafficking Policies (hereinafter in this 
        subsection referred to as the `Director').
            ``(2) General duties.--The Director shall be responsible 
        for overseeing the implementation within the Department of 
        Defense of policies relating to trafficking in persons, 
        including policies of the Department and policies of the 
        Federal Government (including policies contained in National 
        Security Presidential Directive 22) as they relate to the 
        Department. The Secretary may not assign to the Director any 
        responsibilities not related to trafficking in persons.
            ``(3) Specific duties.--The Director shall, in consultation 
        with other relevant elements of the Department of Defense--
                    ``(A)(i) ensure the proper handling of cases, 
                including disciplinary action, prosecution and contract 
                termination, where a member of the Armed Forces or an 
                employee or contractor of the Department is alleged to 
                have engaged in or facilitated an act of trafficking in 
                persons and in such cases encourage, as appropriate, 
                implementation of chapter 212 of title 18, United 
                States Code (commonly referred to as the Military 
                Extraterritorial Jurisdiction Act of 2000) and this 
                Act;
                    ``(ii) oversee the enforcement of--
                            ``(I) Defense Federal Acquisition 
                        Instruction 952.222-0001 (`Prohibition Against 
                        Human Trafficking, Inhumane Living Conditions, 
                        and Withholding of Employees Passports') (July 
                        2010),
                            ``(II) Defense Federal Acquisition 
                        Instruction 952.225-0004 (`Compliance with Laws 
                        and Regulations') (July 2010), and
                            ``(III) Defense Federal Acquisition 
                        Instruction 252.225-7997 (`Additional 
                        Requirements and Responsibilities Relating to 
                        Alleged Crimes by or Against Contractor 
                        Personnel in Iraq or Afghanistan')(Deviation 
                        2010-O0014) (August 2010),
                each as in effect on July 31, 2011; and
                    ``(iii) maintain a database of those cases 
                determined to be in violation of the statutes 
                referenced in clause (i) and regulations referenced in 
                clause (ii);
                    ``(B) ensure that training materials and 
                instructional programs relating to trafficking in 
                persons are developed and used by the military 
                departments;
                    ``(C) consult regularly with academicians, faith-
                based organizations, multilateral organizations, 
                nongovernmental organizations, and others with 
                expertise in combating trafficking in persons, 
                regarding the Department's implementation of policies 
                relating to trafficking in persons;
                    ``(D) conduct surveys of members of the Armed 
                Forces and of employees of the Department to assess 
                attitudes and knowledge regarding trafficking in 
                persons and use the results of those surveys to develop 
                training materials and instructional programs relating 
                to trafficking in persons;
                    ``(E) ensure that trafficking in persons is 
                included as an intelligence requirement in peacekeeping 
                missions that track organized crime;
                    ``(F) establish a mechanism to ensure that neither 
                the Department nor any contractor (or subcontractor at 
                any tier) of the Department rehires an employee of such 
                a contractor (or subcontractor) who engaged in a severe 
                form of trafficking in persons while the contract is in 
                effect;
                    ``(G) include the subject of trafficking in persons 
                in military-to-military contact programs;
                    ``(H) in consultation with the Office of the 
                Inspector General of the Department, investigate links 
                between trafficking in persons and deployments of 
                members of the Armed Forces and contractors of the 
                Department;
                    ``(I) consult with contractors of the Department on 
                programs to prevent trafficking in persons and on 
                accountability structures relating to trafficking in 
                persons; and
                    ``(J) perform such other related duties as the 
                Secretary may require.
            ``(4) Resources.--The Secretary of Defense shall ensure the 
        Director has sufficient staff and resources to carry out the 
        general and specific duties described in this subsection.
            ``(5) Rank.--The Director shall have the rank of Assistant 
        Secretary.''.

SEC. 203. ASSISTANCE FOR VICTIMS OF TRAFFICKING.

    (a) Benefits and Services.--Section 107(b)(1)(B) of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)(B)) is amended--
            (1) by inserting ``an alien classified as a nonimmigrant 
        under section 101(a)(15)(U)(i) of the Immigration and 
        Nationality Act by reason of criminal activity that is 
        trafficking'' before ``, and aliens classified as a 
        nonimmigrant under section 101(a)(15)(T)(ii)''; and
            (2) by inserting after ``and aliens classified as a 
        nonimmigrant under section 101(a)(15)(T)(ii)'' the following: 
        ``of the Immigration and Nationality Act''.
    (b) Conforming Amendment.--Section 107(b)(1)(A) of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)(A)) is amended--
            (1) by inserting ``an alien classified as a nonimmigrant 
        under section 101(a)(15)(U)(i) of the Immigration and 
        Nationality Act by reason of criminal activity that is 
        trafficking'' before ``, or an alien classified as a 
        nonimmigrant under section 101(a)(15(T)(ii)''; and
            (2) by inserting after ``an alien classified as a 
        nonimmigrant under section 101(a)(15(T)(ii)'' the following: 
        ``of the Immigration and Nationality Act''.

SEC. 204. ENSURING TIMELY RESPONSE TO REQUESTS FOR CONTINUED PRESENCE.

    Section 107(c)(3)(A)(i) of the Trafficking Victims Protection Act 
of 2000 (22 U.S.C. 7105 (c)(3)(A)(i)) is amended--
            (1) by inserting ``or may be a victim of a severe form of 
        trafficking'' before ``and may be a potential witness''; and
            (2) by adding after the period at the end the following: 
        ``If a request for continued presence is made to a Federal law 
        enforcement official, such official shall respond to the 
        request not later than 15 days after the date on which such 
        request was made, stating whether the official has filed the 
        application for continued presence with the Secretary of 
        Homeland Security and, if not, whether the official expects to 
        do so. Not later than one month after the date on which such an 
        application is filed, the Secretary of Homeland Security shall 
        approve or deny that application.''.

SEC. 205. REPORT TO CONGRESS.

    Section 110(b) of the Trafficking Victims Protection Act of 2000 
(7107(b)) is amended by adding at the end the following:
            ``(5) Additional reporting requirement.--In addition to the 
        information required in the annual report under paragraph (1) 
        and the interim report under paragraph (2), the Secretary of 
        State shall include in each such report a description of 
        efforts of the United States to comply with minimum standards 
        for the elimination of trafficking.''.

         Subtitle B--Amendments to Title 18, United States Code

SEC. 211. RENAMING OF BASIC FEDERAL TRAFFICKING STATUTE.

    (a) In General.--The section heading for section 2422 of title 18, 
United States Code, is amended by striking ``Coercion and enticement'' 
and inserting ``Sex trafficking and related offenses''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 117 of title 18, United States Code, is amended so that the 
item relating to section 2422 reads as follows:

``2422. Sex trafficking and related offenses.''.

SEC. 212. CLARIFYING TRAFFICKING DEFINITIONS AND PROSECUTION.

    (a) In General.--The section heading for section 1591 of title 18, 
United States Code, is amended in the section heading, by striking 
``Sex trafficking of children or by force, fraud, or coercion'' and 
inserting ``Severe forms of trafficking in persons''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 77 of title 18, United States Code, is amended so that the item 
relating to section 1591 reads as follows:

``1591. Severe forms of trafficking in persons.''.

SEC. 213. FIGHTING SEX TOURISM.

    The heading for subsection (d) of section 2423 of title 18, United 
States Code, is amended by striking ``Ancillary offenses'' and 
inserting ``Child sex tourism''.

SEC. 214. IDENTIFICATION DOCUMENTS.

    (a) In General.--Chapter 77 of title 18, United State Code, is 
amended by adding at the end the following:

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

    ``(a) Destruction, Concealment, Removal, Confiscation, or 
Possession of Immigration Documents.--It shall be unlawful for any 
person to knowingly destroy, or, for a period of more than 48 hours, 
conceal, remove, confiscate, or possess, an actual or purported 
passport, other immigration, or personal identification document of 
another individual--
            ``(1) in the course of a violation of section 1351 of this 
        title or section 274 of the Immigration and Nationality Act (8 
        U.S.C. 1324);
            ``(2) with intent to violate section 1351 of this title or 
        section 274 of the Immigration and Nationality Act (8 U.S.C. 
        1324); or
            ``(3) in order to, without lawful authority, maintain, 
        prevent, or restrict the labor of services of the individual.
    ``(b) Penalty.--Whoever violates subsection (a) shall be fined 
under this title, imprisoned for not more than 1 year, or both.
    ``(c) Obstruction.--Whoever obstructs, attempts to obstruct, or in 
any way interferes with or prevents the enforcement of this section, 
shall be subject to the penalties described in subsection (b).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 77 of title 18, United States Code, is amended by adding at the 
end the following:

``1597. Unlawful conduct with respect to immigration documents.''.

SEC. 215. FRAUD IN FOREIGN LABOR CONTRACTING AS A RICO PREDICATE.

    Section 1961 of title 18, United States Code, is amended in 
paragraph (1)(B) by inserting ``section 1351 (fraud in foreign labor 
contracting),'' after ``section 1344 (relating to financial institution 
fraud),''.

     Subtitle C--Amendments to the Immigration and Nationality Act

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

    (a) Inadmissibility.--Section 212(d)(13) of the Immigration and 
Nationality Act (8 U.S.C. 1182(d)(13)) is amended--
            (1) in subparagraph (A), by adding at the end the 
        following: ``The Secretary of Homeland Security, in the 
        Secretary's discretion, may waive the application of subsection 
        (a) (other than paragraph (3), (4), (10)(C), and (10)(E) of 
        such subsection) in the case of a nonimmigrant described in 
        section 101(a)(15)(T), if the Secretary of Homeland Security 
        considers it to be in the public or national interest to do 
        so.'';
            (2) by striking ``(13)(A) The Secretary'' and inserting 
        ``(13) The Secretary''; and
            (3) by striking subparagraph (B).
    (b) Adjustment of Status.--Section 245(l)(2)(B) of the Immigration 
and Nationality Act (8 U.S.C. 1255(l)(2)(B)) is amended by striking ``, 
if the activities rendering the alien inadmissible under the provision 
were caused by, or were incident to, the victimization described in 
section 101(a)(15)(T)(i)(I)''.

                  Subtitle D--Amendments to Other Laws

SEC. 231. ENHANCING EFFORTS TO COMBAT THE TRAFFICKING OF CHILDREN.

    (a) Combating Child Trafficking at the Border and Ports of Entry of 
the United States.--
            (1) Section 235(a)(2)(A) of the William Wilberforce 
        Trafficking Victims Protection Reauthorization Act of 2008 (8 
        U.S.C. 1232(a)(2)(A)) is amended--
                    (A) in clause (ii), by striking ``and'' at the end;
                    (B) in clause (iii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(iv) the return of such child to the 
                        child's country of nationality or of last 
                        habitual residence would not endanger the life 
                        or safety of such child.''.
            (2) Section 235(a)(4) of the William Wilberforce 
        Trafficking Victims Protection Reauthorization Act of 2008 (8 
        U.S.C. 1232(a)(4)) is amended--
                    (A) by inserting ``To the extent feasible, 
                unaccompanied alien children should be housed and 
                screened by an immigration officer with expertise in 
                child welfare in separate child-friendly facilities 
                conducive to disclosing information related to human 
                trafficking or exploitation.'' before ``If the child 
                does not meet such criteria''; and
                    (B) by adding at the end the following: ``In the 
                course of building or remodeling existing immigration 
                facilities, consideration should be given to including 
                separate child-friendly space conducive to disclosing 
                information relating to human trafficking or 
                exploitation.''.
            (3) Section 235(a)(5) of the William Wilberforce 
        Trafficking Victims Protection Reauthorization Act of 2008 (8 
        U.S.C. 1232(a)(5)) is amended by adding at the end the 
        following:
                    ``(E) Report to congress.--Not later than 180 days 
                after the date of enactment of the Trafficking Victims 
                Protection Reauthorization Act of 2011, and annually 
                thereafter, the Secretary of Homeland Security, in 
                consultation with the Secretary of Health and Human 
                Services and Secretary of State, shall report to 
                Congress the following:
                            ``(i) The number of alien children 
                        encountered by U.S. Customs and Border 
                        Protection.
                            ``(ii) The number of alien children 
                        screened for severe forms of human trafficking.
                            ``(iii) Whether the screening was conducted 
                        by an individual with expertise in child 
                        welfare.
                            ``(iv) How many of these children were 
                        repatriated and how many were diverted into 
                        services.''.
    (b) Combating Child Trafficking and Exploitation in the United 
States.--Section 235(b)(2) of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)(2)) is 
amended by striking ``within 48 hours'' and inserting ``within 24 
hours''.
    (c) Providing Safe and Secure Placements for Children.--
            (1) Section 235(c)(2) of the William Wilberforce 
        Trafficking Victims Protection Reauthorization Act of 2008 (8 
        U.S.C. 1232(c)(2)) is amended by adding at the end the 
        following: ``The Secretary of Homeland Security shall either 
        release, pursuant to the Secretary's sole discretion, or place 
        in the least restrictive setting an alien who--''
                    ``(A) has been placed under this paragraph as a 
                child;
                    ``(B) has demonstrated that he or she is not a 
                danger to the community or a flight risk; and
                    ``(C) has become ineligible, by reason of age, for 
                placement as a child.''.
            (2) Section 235(c)(3)(B) of the William Wilberforce 
        Trafficking Victims Protection Reauthorization Act of 2008 (8 
        U.S.C. 1232(c)(3)(B)) is amended as follows:
                    (A) After ``is first necessary.'' insert the 
                following: ``If the sponsor is a parent, a home study 
                shall be conducted where there are allegations of 
                current or past abuse or neglect of the child by the 
                parent or where, based on all available objective 
                evidence, the parent clearly presents a risk of abuse, 
                maltreatment, exploitation, or trafficking to the 
                child.''.
                    (B) Strike ``A home study'' and insert the 
                following: ``If the sponsor is anyone other than the 
                parent, a home study''.
                    (C) Strike ``shall conduct follow-up services'' and 
                all that follows through ``for whom a home study was 
                conducted'' and insert the following: ``shall provide 
                at least 1 visit for follow-up services on all children 
                not later than 45 days after placement,''.
            (3) Section 235(c)(6) of the William Wilberforce 
        Trafficking Victims Protection Reauthorization Act of 2008 (8 
        U.S.C. 1232(c)(6)) is amended as follows:
                    (A) Strike ``The Secretary'' and insert the 
                following:
                    ``(A) Appointment.--The Secretary''.
                    (B) Insert after subparagraph (A) the following:
                    ``(B) Pilot program.--Not later than 1 year after 
                the date of enactment of the Trafficking Victims 
                Protection Reauthorization Act of 2011, the Secretary 
                shall establish pilot programs in 3 States to provide 
                the services of independent child advocates for child 
                trafficking victims and other vulnerable unaccompanied 
                alien children.
                    ``(C) Report.--Not later than 1 year after the date 
                of enactment of the Trafficking Victims Protection 
                Reauthorization Act of 2011 and annually thereafter, 
                the Secretary shall submit a report to the Committee on 
                the Judiciary of the Senate and the Committee on the 
                Judiciary of the House of Representatives describing 
                the activities undertaken by the Secretary to appoint 
                independent child advocates for vulnerable 
                unaccompanied alien children.''.
    (d) Permanent Protection for Certain At-Risk Children.--Section 
235(d)(4) of the William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008 (8 U.S.C. 1232(d)(4)) is amended as 
follows:
            (1) In subparagraph (A)--
                    (A) by inserting ``has been granted status under 
                section 101(a)(15)(U) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(15)(U)) or who'' 
                before ``has been granted''; and
                    (B) by inserting ``to the same extent as an alien 
                admitted under section 207 of the Immigration and 
                Nationality Act (8 U.S.C. 1157)'' before ``until the 
                earlier of''.
            (2) In subparagraph (B)--
                    (A) by inserting ``who has been granted status 
                under section 101(a)(15)(U) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(15)(U)) or who'' 
                before ``has been granted''; and
                    (B) by striking ``Subject to the availability of 
                appropriations, if'' and inserting ``If''.

SEC. 232. IMPROVING LOCAL EFFORTS TO COMBAT TRAFFICKING AND SEXUAL 
              EXPLOITATION OF CHILDREN.

    Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is 
amended--
            (1) in paragraph (32), by striking ``and'' at the end;
            (2) in paragraph (33), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(34) not later than January 1, 2013, describes State 
        child welfare existing practice and future plans regarding 
        prevention measures and victim assistance related to the human 
        trafficking and commercial sexual exploitation of foreign, 
        United States citizen and legal resident children including--
                    ``(A) collaborations with local and State agencies 
                and non-profit organizations to identify and care for 
                children believed or confirmed to be, or at-risk of 
                becoming victims of a severe form of human trafficking;
                    ``(B) training for the child welfare employees who 
                are likely to come into contact with child victims of 
                human trafficking;
                    ``(C) jurisdictional limits and other issues that 
                hinder State child welfare response to aid child 
                victims of human trafficking;
                    ``(D) data collection regarding children identified 
                by child welfare services as victims of trafficking 
                and, if known, relationship to exploiter; and
                    ``(E) prevention education to families and at-risk 
                children, including runaway and homeless youth, 
                regarding human trafficking and commercial sexual 
                exploitation.''.

SEC. 233. EFFORTS TO PUBLICIZE THE NATIONAL HUMAN TRAFFICKING RESOURCE 
              CENTER HOTLINE.

    (a) Grantee Hotline Information.--The Attorney General shall 
consult with the Secretary of Health and Human Services to make 
reasonable efforts to distribute information to enable grantees under 
section 107(b) of the Trafficking Victims Protection Act of 2000 to 
publicize the National Human Trafficking Resource Center hotline on 
their Web sites, within the program's headquarters as well as field 
offices across the United States.
    (b) Hotline Information.--
            (1) In general.--The Secretary of Health and Human 
        Services, in coordination with the Attorney General, shall make 
        reasonable efforts to encourage States to adopt legislation to 
        raise public awareness of the National Human Trafficking 
        Resource Center hotline in every mandated establishment where 
        victims of human trafficking may possibly work or visit.
            (2) Posting of model hotline information.--The legislation 
        described in paragraph (1) should include a requirement that 
        information relating to the National Human Trafficking Resource 
        Center hotline be posted in accordance with the following 
        specifications:
                    (A) Poster location.--The poster should be publicly 
                displayed in a conspicuous place near the entrance of 
                mandated establishments or where such posters and 
                notices are customarily posted in such establishments.
                    (B) Poster specifications.--The poster should be no 
                smaller than 8\1/2\ by 11 inches in size and state the 
                following: ``If you or someone you know is being forced 
                to engage in any activity and cannot leave--whether it 
                is commercial sex, housework, farm work, or any other 
                activity--call the National Human Trafficking Resource 
                Center Hotline at 1-888-373-7888 to access help and 
                services. Victims of human trafficking are protected 
                under United States and State law. The Hotline is: 
                Available 24 hours a day, 7 days a week. Toll-free. 
                Operated by a non-profit, nongovernmental organization. 
                Anonymous & Confidential. Accessible in 170 languages. 
                Able to provide help, referral to services, training, 
                and general information.''.
                    (C) Languages.--The poster should be printed in 
                English, Spanish, and any other languages required by 
                the Voting Rights Act in the county in which the poster 
                will be posted.
                    (D) Notice.--The licensing authority should provide 
                each mandated establishment with notice of this section 
                and with the required poster upon licensing and should 
                place the poster on its public Web site for mandated 
                establishments to print as needed.
            (3) Definition of mandated establishment.--For purposes of 
        this section, a ``mandated establishment'' means--
                    (A) a massage parlor, spa, or other similar 
                establishment;
                    (B) an establishment that receives a liquor 
                license;
                    (C) a strip club or other sexually oriented 
                business;
                    (D) a restaurant;
                    (E) an airport;
                    (F) a train station;
                    (G) a bus station;
                    (H) a highway truck stop;
                    (I) a highway rest stop;
                    (J) a hospital, HMO, or urgent care center;
                    (K) a farm;
                    (L) a high school; or
                    (M) a job recruitment center.

SEC. 234. PREVENTION OF TRAFFICKING IN PERSONS INVOLVING WORKERS 
              RECRUITED ABROAD.

    (a) Findings.--Congress makes the following findings:
            (1) Foreign labor contractors are increasingly relied upon 
        to facilitate the movement of labor from one country to 
        another.
            (2) While many foreign labor contractors behave ethically 
        and are engaged in lawful conduct, certain foreign labor 
        contractors are often complicit with or directly involved in 
        trafficking of workers.
            (3) Some contractors charge exorbitant fees for their 
        services, force workers into debt bondage, falsify documents, 
        and deceive workers about their terms and conditions of work, 
        increasing workers' vulnerability to human trafficking.
            (4) Stricter regulation of labor recruiters is needed to 
        protect workers entering the United States from human 
        trafficking and other abuses. Stronger legal frameworks will 
        ensure the integrity of the American economy, which is 
        undermined when unregulated actors conspire to fraudulently 
        deceive workers about the terms and conditions of work.
    (b) Definitions.--In this section:
            (1) Foreign labor contractor.--The term ``foreign labor 
        contractor'' means any person who performs any foreign labor 
        contracting activity, including any person who performs foreign 
        labor contracting activity wholly outside of the United States, 
        except that the term does not include a United States 
        governmental entity of the United States Government.
            (2) Foreign labor contracting activity.--The term ``foreign 
        labor contracting activity'' means recruiting, soliciting, 
        hiring, employing, managing, or furnishing, processing visa 
        applications for, transporting, or housing an individual who 
        resides outside of the United States to be employed in the 
        United States, including when such activity occurs wholly 
        outside of the United States.
            (3) Person.--The term ``person'' means any natural person 
        or any corporation, company, firm, partnership, joint stock 
        company or association or other organization or entity (whether 
        organized under law or not), including municipal corporations.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (5) Worker.--The term ``worker'' means an individual who is 
        the subject of foreign labor contracting activity.
    (c) Disclosure.--Any person who engages in foreign labor 
contracting activity shall ascertain and disclose in writing in English 
and in the language of the worker being recruited, to each worker who 
is recruited for employment, at the time of the worker's recruitment, 
the following information:
            (1) The identity of the employer and the identity of the 
        person conducting the recruiting on behalf of the employer, 
        including any subcontractor or agent involved in such 
        recruiting.
            (2) A signed copy of the work contract, including all 
        assurances and terms and conditions of employment, from the 
        prospective employer for whom the worker is being recruited. 
        The contract shall include--
                    (A) the level of compensation to be paid;
                    (B) the place and period of employment;
                    (C) a description of the type and nature of 
                employment activities;
                    (D) any withholdings or deductions from 
                compensation, whether on behalf of a government, the 
                employer, or a third party; and
                    (E) any penalties for early termination of 
                employment.
            (3) The type of visa under which the foreign worker is to 
        be employed, the length of time the visa is valid, the terms 
        and conditions under which this visa may be renewed with a 
        clear statement that there is no guarantee that the visa will 
        be renewed by the United States Government, whether or not the 
        employer will apply for renewal of the worker's visa and any 
        expenses that the worker may incur with securing or renewing 
        the visa.
            (4) An itemized list of any costs or expenses to be charged 
        to the worker, including but not limited to--
                    (A) the costs of housing or accommodation, 
                transportation to and from the worksite, meals, medical 
                examinations, healthcare or safety equipment costs; and
                    (B) any other costs, expenses or deductions to be 
                charged the worker.
            (5) A statement, in a form specified by the Secretary--
                    (A) stating that no foreign labor contractor, or 
                agent or employee of a foreign labor contractor, can 
                lawfully assess any fee (including visa fees, 
                processing fees, transportation fees, legal expenses, 
                placement fees, and other costs) to a worker for any 
                foreign labor contracting activity; and that the 
                employer may bear such costs or fees for the foreign 
                labor contractor, but that these fees cannot be 
                assessed along to the worker;
                    (B) explaining that--
                            (i) no additional requirements or changes 
                        may be made from the terms of the contract 
                        originally signed by the worker unless the 
                        worker is provided at least 48 hours to review 
                        and consider the additional requirements or 
                        changes;
                            (ii) no such additional requirements or 
                        changes can be made to the original contract 
                        signed by the worker without the specific 
                        consent of the worker to each such additional 
                        requirement or change; and
                            (iii) such consent must be obtained 
                        voluntarily and without threat of penalty or 
                        will be viewed as a violation of law subject to 
                        the provisions of subsection (i); and
                    (C) describing the protections afforded the worker 
                by this section and by the Trafficking Victims 
                Protection Act of 2000 (Division A of the Public Law 
                106486) and any applicable guest worker program, 
                including relevant information about the procedure for 
                filing a complaint provided for in subsection (i) and 
                telephone number for the national human trafficking 
                resource center hotline number.
            (6) Any education or training to be provided or required, 
        including the nature, timing and cost of such training and the 
        person who will pay such costs, whether the training is a 
        condition of employment, continued employment, or future 
        employment; and whether the worker will be paid or remunerated 
        during the training period, including the rate of pay.
            (7) Any other information that the Secretary may require by 
        regulation.
    (d) Restriction.--No foreign labor contractor or employer who 
engages in foreign labor contracting activity shall knowingly provide 
materially false or misleading information to any worker concerning any 
matter required to be disclosed under subsection (c). The disclosure 
required by this section is a document concerning the proper 
administration of a matter within the jurisdiction of a department or 
agency of the United States for the purposes of section 1519 of title 
18, United States Code.
    (e) Recruitment Fees.--No foreign labor contractor, or agent or 
employee of a foreign labor contractor, shall assess any fee (including 
visa fees, processing fees, transportation fees, legal expenses, 
placement fees, and other costs) to a worker for any foreign labor 
contracting activity.
    (f) Registration.--
            (1) In general.--Before engaging in any foreign labor 
        contracting activity, any person who is a foreign labor 
        contractor or who, for any money or other valuable 
        consideration paid or promised to be paid, performs a foreign 
        labor contracting activity on behalf of a foreign labor 
        contractor, shall obtain a certificate of registration from the 
        Secretary of Labor pursuant to regulations promulgated by the 
        Secretary under paragraph (4).
            (2) Exception for certain employers.--An employer, or 
        employee of an employer, who engages in foreign labor 
        contracting activity solely to find workers for the employer's 
        own use, and without the participation of any other foreign 
        labor contractor, shall not be required to register under this 
        section. Notwithstanding the preceding sentence, such an 
        employer shall be subject to the requirements of subsections 
        (c), (d), and (e) and shall be subject to the remedies under 
        subsection (i) for all violations stemming from its own foreign 
        labor contracting activity.
            (3) Notification.--Not less frequently than once every 2 
        years, each employer shall notify the Secretary of the identity 
        of any foreign labor contractor involved in any foreign labor 
        contractor activity for, or on behalf of, the employer. Each 
        foreign labor contractor shall notify the Secretary not less 
        frequently than once every 2 years, of the identity of any 
        agent or foreign labor contractor employee involved in any 
        foreign labor contractor activity for, or on behalf of, the 
        foreign labor contractor. The employer shall also notify the 
        Secretary of the identity of such a foreign labor contractor 
        whose activities do not comply with this section.
            (4) Issuance.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary shall promulgate 
        regulations to establish an efficient electronic process for 
        the timely investigation and approval of an application for a 
        certificate of registration of foreign labor contractors, 
        including--
                    (A) requirements under paragraphs (1), (4), and (5) 
                of section 102 of the Migrant and Seasonal Agricultural 
                Worker Protection Act (29 U.S.C. 1812);
                    (B) an expeditious means to update registrations 
                and renew certificates;
                    (C) providing for the consent of any foreign labor 
                recruiter to the designation by a court of the 
                Secretary as an agent available to accept service of 
                summons in any action against the applicant, if the 
                applicant has left the jurisdiction in which the action 
                is commenced otherwise has become unavailable to accept 
                service or is subject to personal jurisdiction in no 
                State;
                    (D) providing for consultation with other 
                appropriate Federal agencies to determine whether any 
                reason exists to deny registration to a foreign labor 
                contractor; and
                    (E) any other requirements that the Secretary may 
                prescribe.
            (5) Term of registration.--Unless suspended or revoked, a 
        certificate under this subparagraph shall be valid for 2 years.
            (6) Application fee.--In addition to any other fees 
        authorized by law, the Secretary shall impose a fee, to be 
        deposited in the Treasury, on a foreign labor contractor that 
        submits an application for a certificate of registration under 
        this section on or after the date that is 30 days after the 
        effective date of the regulations promulgated under this 
        subsection. Fees shall be set at a level the Secretary 
        determines will cover the full costs of carrying out foreign 
        labor contract registration activities under this section and 
        any additional costs associated with the administration of the 
        fees collected.
            (7) Refusal to issue; revocation.--In accordance with 
        regulations promulgated by the Secretary of Labor, the 
        Secretary shall refuse to issue or renew, or shall revoke and 
        debar from eligibility to obtain a certificate of registration 
        for a period of not greater than 5 years, after notice and an 
        opportunity for a hearing, a certificate of registration under 
        this subparagraph if--
                    (A) the applicant for, or holder of, the 
                certification has knowingly made a material 
                misrepresentation in the application for such 
                certificate;
                    (B) the applicant for, or holder of, the 
                certification is not the real party in interest in the 
                application or certificate of registration and the real 
                party in interest--
                            (i) is a person who has been refused 
                        issuance or renewal of a certificate;
                            (ii) has had a certificate revoked; or
                            (iii) does not qualify for a certificate 
                        under this paragraph;
                    (C) the applicant for, or holder of, the 
                certification has been convicted within the preceding 
                five years of any crime described in subparagraph (A) 
                or (B) of section 103(a)(5) of the Migrant and Seasonal 
                Agricultural Worker Protection Act (29 U.S.C. 
                1813(a)(5)); or
                    (D) the applicant for, or holder of, the 
                certification has materially failed to comply with this 
                subsection.
            (8) Maintenance of lists.--
                    (A) In general.--The Secretary shall maintain--
                            (i) a list of all foreign labor contractors 
                        registered under this subsection, including the 
                        countries from which they recruit, the 
                        employers for whom they recruit, and the States 
                        where recruited workers are employed; and
                            (ii) a list of all foreign labor 
                        contractors whose certificate of registration 
                        the Secretary has revoked.
                    (B) Public availability.--Not less than every 6 
                months, the Secretary shall regularly update the list 
                described in this paragraph and make the list publicly 
                available including through continuous publication on 
                the Internet and in written form at and on the Web 
                sites of United States embassies in the official 
                language of that country.
            (9) Re-registration of violators.--The Secretary shall 
        establish a procedure by which a foreign labor contractor that 
        has had its registration revoked may seek to re-register under 
        this paragraph by demonstrating to the Secretary's satisfaction 
        that the foreign labor contractor has not violated this 
        subsection in the previous 5 years and that the foreign labor 
        contractor has taken sufficient steps to prevent future 
        violations of this subsection.
    (g) Amendment to Immigration and Nationality Act.--Section 214 of 
the Immigration and Nationality Act is amended by adding at the end the 
following:
    ``(s) A visa shall not be issued under the subparagraph (A)(iii), 
(B)(i) (but only for domestic servants described in clause (i) or (ii) 
of section 274a.12(c)(17) of title 8, Code of Federal Regulations (as 
in effect on December 4, 2007)), (G)(v), (H), (J), (L), (Q), or (R) of 
section 101(a)(15) until the consular officer--
            ``(1) has provided to and reviewed with the applicant, in 
        the applicant's language (or a language the applicant 
        understands), a copy of the information and resources pamphlet 
        required by section 202 of the William Wilberforce Trafficking 
        Victims Protection Reauthorization Act of 2008; and
            ``(2) has reviewed and made a part of the visa file the 
        foreign labor recruiter disclosures required by section 234(c) 
        of the Trafficking Victims Protection Reauthorization Act of 
        2011, including whether the foreign labor recruiter is 
        registered pursuant to that section.''.
    (h) Responsibilities of Secretary of State.--
            (1) In general.--The Secretary of State shall ensure that 
        each United States diplomatic mission has a person who shall be 
        responsible for receiving information from any worker who 
        alleges to have been subjected to a severe form of trafficking 
        in persons, as that term is defined in section 103(8) of the 
        Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(8)).
            (2) Provision of information.--The responsible person shall 
        ensure that the information received is provided to the 
        Department of Justice, the Department of Labor, or any other 
        relevant Federal agency. The Department of Justice and the 
        Department of Labor shall ensure that there is a mechanism for 
        any actions that need to be taken in response to such 
        information.
    (i) Enforcement Provisions.--
            (1) Complaints and investigations.--The Secretary of Labor 
        shall establish a process for the receipt, investigation, and 
        disposition of complaints filed by any person, including 
        complaints respecting a foreign labor contractor's compliance 
        with this section. The Secretary, either pursuant to the 
        complaint process or otherwise, may investigate employers or 
        foreign labor contractors as necessary to determine such 
        compliance.
            (2) Administrative enforcement.--
                    (A) In general.--If the Secretary finds, after 
                notice and an opportunity for a hearing, that any 
                foreign labor contractor failed to comply with the 
                requirements of this section, the Secretary may impose 
                the following against such contractor--
                            (i) a fine in an amount not more than 
                        $10,000 per violation; and
                            (ii) upon the occasion of a third violation 
                        or a failure to comply with representations, a 
                        fine of not more than $25,000 per violation.
                    (B) Authority to ensure compliance.--The Secretary 
                is authorized to take other such actions, including 
                issuing subpoenas and seeking appropriate injunctive 
                relief and recovery of damages, as may be necessary to 
                assure compliance with the terms and conditions of this 
                section.
                    (C) Bonding requirement.--The Secretary may require 
                a foreign labor contractor to post a bond in the amount 
                sufficient to ensure the protection of individuals 
                recruited by the foreign labor contractor.
            (3) Civil action.--
                    (A) In general.--The Secretary of Labor or any 
                person aggrieved by a violation of this section (or 
                regulations issued under this section) may bring a 
                civil action against any foreign labor contractor in 
                any court of competent jurisdiction--
                            (i) to seek remedial action, including 
                        injunctive relief;
                            (ii) to recover damages on behalf of any 
                        worker harmed by a violation of this section; 
                        and
                            (iii) to ensure compliance with 
                        requirements of this subsection.
                    (B) Actions by the department of labor.--
                            (i) Sums recovered.--Any sums recovered by 
                        the Secretary on behalf of a worker under 
                        subparagraph (A)(ii) shall be held in a special 
                        deposit account and shall be paid, on order of 
                        the Secretary, directly to each worker 
                        affected. Any such sums not paid to a worker 
                        because of inability to do so within a period 
                        of 5 years shall be credited as an offsetting 
                        collection to the appropriations account of the 
                        Secretary for expenses for the administration 
                        of this section and shall remain available to 
                        the Secretary until expended or may be 
                        transferred to the Secretary of Health and 
                        Human Services for the purpose of providing 
                        support to programs that provide assistance to 
                        victims of trafficking in persons or other 
                        exploited persons.
                            (ii) Representation.--Except as provided in 
                        section 518(a) of title 28, United States Code, 
                        the Solicitor of Labor may appear for and 
                        represent the Secretary of Labor in any civil 
                        litigation brought under this paragraph. All 
                        such litigation shall be subject to the 
                        direction and control of the Attorney General.
                    (C) Actions by individuals.--
                            (i) Award.--If the court finds in a civil 
                        action filed by an individual under this 
                        subsection that the defendant has violated any 
                        provision of this section (or any regulation 
                        under this section), it may award damages up to 
                        and including an amount equal to the amount of 
                        actual damages, or statutory damages of up to 
                        $1,000 per plaintiff per violation, or other 
                        equitable relief, except that with respect to 
                        statutory damages--
                                    (I) multiple infractions of a 
                                single provision of this section (or of 
                                a regulation under this section) shall 
                                constitute only 1 violation for 
                                purposes of determining the amount of 
                                damages due a plaintiff; and
                                    (II) if such complaint is certified 
                                as a class action, the court may award 
                                damages up to an amount equal to the 
                                amount of actual damages, statutory 
                                damages of no more than the lesser of 
                                up to $1,000 per violation, or up to 
                                $500,000, or other equitable relief; 
                                and
                                    (III) reasonable attorneys fees and 
                                costs.
                            (ii) Criteria.--In determining the amount 
                        of statutory damages to be awarded under clause 
                        (i), the court is authorized to consider 
                        whether an attempt was made to resolve the 
                        issues in dispute before the resort to 
                        litigation.
                            (iii) Appeal.--Any civil action brought 
                        under this section shall be subject to appeal 
                        as provided in chapter 83 of title 28, United 
                        States Code (28 U.S.C. 1291 et seq.).
                            (iv) Access to legal services 
                        corporation.--Notwithstanding any other 
                        provision of law, the Legal Services 
                        Corporation and recipients of its funding may 
                        provide legal services on behalf of an alien 
                        who brings a civil action under this paragraph.
            (4) Agency liability.--
                    (A) In general.--Beginning 180 days after the 
                Secretary of Labor has promulgated regulations pursuant 
                to subsection (f)(4), an employer who retains the 
                services of a foreign labor contractor shall only use 
                those foreign labor contractors who are registered 
                under subsection (f). An employer who uses a foreign 
                labor contractor who is not registered under subsection 
                (f) after such time period, or who uses a foreign labor 
                contractor that has violated any provision of this 
                section, shall be subject to the provisions of this 
                subsection for violations committed by such foreign 
                labor contractor to the same extent as if the employer 
                were the foreign labor contractor who had committed the 
                violation.
                    (B) Safe harbor.--An employer shall not have any 
                liability under this subsection if the employer hires 
                only workers referred by a foreign labor contractor 
                that has a valid registration with the Department of 
                Labor pursuant to subsection (f), the employer does not 
                act with deliberate disregard of the fact that the 
                foreign labor contractor has violated any provision of 
                this section, and if the employer obtained knowledge of 
                a violation of the provisions of this section, it 
                immediately reported the violation to the Secretary.
            (5) Retaliation.--
                    (A) In general.--No person shall intimidate, 
                threaten, restrain, coerce, discharge or in any other 
                manner discriminate or retaliate against any worker or 
                their family members (including a former employee or an 
                applicant for employment) because such worker disclosed 
                information to any person that the worker reasonably 
                believes evidences a violation of this section (or any 
                rule or regulation pertaining to this section), 
                including seeking legal assistance of counsel or 
                cooperating with an investigation or other proceeding 
                concerning compliance with this section (or any rule or 
                regulation pertaining to this section).
                    (B) Enforcement.--An individual who is subject to 
                any conduct described in subparagraph (A) may, in a 
                civil action, recover appropriate relief (including 
                reasonable attorneys' fees) with respect to that 
                violation. Any civil action under this subparagraph 
                shall be stayed during the pendency of any criminal 
                action arising out of the violation.
            (6) Presence during pendency of actions.--The Attorney 
        General and the Secretary of Homeland Security shall grant 
        parole to the nonimmigrant to remain legally in the United 
        States for time sufficient to fully and effectively participate 
        in all legal proceedings related to any action taken pursuant 
        to this subsection. Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        shall promulgate regulations to carry out this provision.
            (7) Rule of construction.--Nothing in this section shall be 
        construed to preempt or alter any other rights or remedies, 
        including any causes of action, available under any other 
        Federal or State law.

               TITLE III--AUTHORIZATION OF APPROPRIATIONS

SEC. 301. TRAFFICKING VICTIMS PROTECTION ACT OF 2000.

    (a) Human Smuggling and Trafficking Center.--Section 112A(b)(4) of 
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7109a(b)(4)) 
is amended by striking ``fiscal years 2008 through 2011'' and inserting 
``fiscal years 2012 and 2013''.
    (b) Authorizations of Appropriations.--
            (1) Section 112B(d) of the Trafficking Victims Protection 
        Act of 2000 (22 U.S.C. 7109b(d)) is amended by striking ``for 
        each of the fiscal years 2008 through 2011, such sums as may be 
        necessary to carry out this section'' and inserting ``$500,000 
        for each of the fiscal years 2012 and 2013''.
            (2) Section 113 of the Trafficking Victims Protection Act 
        of 2000 (22 U.S.C. 7110) is amended--
                    (A) in subsection (a)--
                            (i) in the first sentence--
                                    (I) by striking ``104,''; and
                                    (II) by striking ``fiscal years 
                                2008 through 2011'' and inserting 
                                ``fiscal years 2012 and 2013''; and
                            (ii) in the second sentence, by striking 
                        ``fiscal years 2008 through 2011'' and 
                        inserting ``fiscal years 2012 and 2013'';
                    (B) in subsection (b)--
                            (i) in paragraph (1)--
                                    (I) by striking ``fiscal years 2008 
                                through 2011'' and inserting ``fiscal 
                                years 2012 and 2013''; and
                                    (II) by adding at the end the 
                                following: ``Of the amount made 
                                available to carry out the purposes of 
                                section 107(b) for a fiscal year, not 
                                less than two-thirds of such amount 
                                shall be used to provide services for 
                                victims under such section.''; and
                            (ii) in paragraph (2), by striking 
                        ``Secretary of Health and Human Services'' and 
                        all that follows and inserting ``Secretary of 
                        Health and Human Services $7,000,000 for each 
                        of the fiscal years 2012 and 2013.'';
                    (C) in subsection (c)(1)--
                            (i) in subparagraph (A), by striking 
                        ``fiscal years 2008 through 2011'' and 
                        inserting ``fiscal years 2012 and 2013'';
                            (ii) in subparagraph (B), by striking 
                        ``fiscal years 2008 through 2011'' each place 
                        it appears and inserting ``fiscal years 2012 
                        and 2013''; and
                            (iii) in subparagraph (C), by striking 
                        ``fiscal years 2008 through 2011'' and 
                        inserting ``fiscal years 2012 and 2013'';
                    (D) in subsection (d)--
                            (i) by redesignating subparagraphs (A) 
                        through (C) as paragraphs (1) through (3), 
                        respectively;
                            (ii) in paragraph (1) (as redesignated), by 
                        striking ``fiscal years 2008 through 2011'' and 
                        inserting ``fiscal years 2012 and 2013'';
                            (iii) in paragraph (2) (as redesignated), 
                        by striking ``fiscal years 2008 through 2011'' 
                        and inserting ``fiscal years 2012 and 2013''; 
                        and
                            (iv) in paragraph (3) (as redesignated), by 
                        striking ``Attorney General'' and all that 
                        follows and inserting ``Attorney General 
                        $7,000,000 for each of the fiscal years 2012 
                        and 2013.'';
                    (E) in subsection (e)--
                            (i) in paragraph (1), by striking ``fiscal 
                        years 2008 through 2011'' and inserting 
                        ``fiscal years 2012 and 2013'';
                            (ii) in paragraph (2), by striking ``fiscal 
                        years 2008 through 2011'' and inserting 
                        ``fiscal years 2012 and 2013''; and
                            (iii) in paragraph (3), by striking 
                        ``fiscal years 2008 through 2011'' and 
                        inserting ``fiscal years 2012 and 2013'';
                    (F) in subsection (f), by striking ``fiscal years 
                2008 through 2011'' and inserting ``fiscal years 2012 
                and 2013'';
                    (G) in subsection (h), by striking ``fiscal years 
                2008 through 2011'' and inserting ``fiscal years 2012 
                and 2013''; and
                    (H) in subsection (i), by striking ``fiscal years 
                2008 through 2011'' and inserting ``fiscal years 2012 
                and 2013''.

SEC. 302. TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2005.

    The Trafficking Victims Protection Reauthorization Act of 2005 
(Public Law 109-164) is amended--
            (1) in section 102(b)(7), by striking ``$2,500,000 for each 
        of the fiscal years 2008 through 2011'' and inserting 
        ``$1,500,000 for each of the fiscal years 2012 and 2013'';
            (2) in section 201(c) by striking ``fiscal years 2008 
        through 2011'' each place it appears and inserting ``fiscal 
        years 2012 and 2013'';
            (3) in section 202(d), by striking ``fiscal years 2008 
        through 2011'' and inserting ``fiscal years 2012 and 2013'';
            (4) in section 203(g) by striking ``$5,000,000 for each of 
        the fiscal years 2008 through 2011'' and inserting ``$3,000,000 
        for each of the fiscal years 2012 and 2013''; and
            (5) in section 204(d), by striking ``$20,000,000 for each 
        of the fiscal years 2008 through 2011'' and inserting 
        ``$10,000,000 for each of the fiscal years 2012 and 2013''.

SEC. 303. REPORTING REQUIREMENT.

    Not later than March 31 of 2012 and 2013, the President shall 
submit to Congress a report for the prior fiscal year that shall 
include--
            (1) the amount of appropriations that each department or 
        agency for which such appropriations were authorized under the 
        Trafficking Victims Protection Act of 2000 or the Trafficking 
        Victims Protection Reauthorization Act of 2005 directed to 
        activities described in such Acts;
            (2) a list of the activities funded through the 
        appropriations identified in paragraph (1), including the 
        responsible department or agency and the section of the 
        Trafficking Victims Protection Act of 2000 or the Trafficking 
        Victims Protection Reauthorization Act of 2005 that authorizes 
        such activity; and
            (3) the appropriations account from which each activity 
        described in paragraph (2) was funded and the amount 
        contributed from such account for each activity.
                                 <all>
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