Trafficking Victims Protection Reauthorization Act of 2011

Bill: 112-hr-2830
Sponsor: Rep. Smith, Christopher H. [R-NJ-4]
Introduced: 2011-08-30 in the House
Policy area: International Affairs
Subjects: Adoption and foster care
Child safety and welfare
Civil actions and liability
Congressional oversight
Crime prevention
Crime victims
Crimes against children
Crimes against women
Criminal investigation, prosecution, interrogation
Department of Defense
Diplomacy, foreign officials, Americans abroad
Evidence and witnesses
Executive agency funding and structure
Foreign labor
Fraud offenses and financial crimes
Government employee pay, benefits, personnel management
Government information and archives
Human rights
Human trafficking
Immigration status and procedures
Labor standards
Law enforcement administration and funding
Licensing and registrations
Military law
Military personnel and dependents
Military procurement, research, weapons development
Organized crime
Public contracts and procurement
Refugees, asylum, displaced persons
Sex offenses
Trade restrictions
Travel and tourism
User charges and fees
Visas and passports
Youth employment and child labor

Summary:
action_date: 2011-08-30
text: 
Trafficking Victims Protection Reauthorization Act of 2011 - Authorizes the Secretary of State to: (1) limit to one year or such period of time as 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.
 
Amends the Trafficking Victims Protection Act of 2000 (TVPA) to rename the State Department's Office to Monitor and Combat Trafficking as the Office to Monitor and Combat Modern Slavery and Other Forms of Human Trafficking. Authorizes the Office's Director 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.
 
Includes public-private partnerships to generate youth employment opportunities among the international initiatives to enhance economic opportunity for potential victims of trafficking that the President shall carry out as a method to deter trafficking. Authorizes the President to give priority to specified categories of persons who are potential trafficking victims, such as stateless persons.
 
Amends the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Wilberforce Act) to terminate an authorized fee increase for certain consular services on September 30, 2013.
 
Directs the head of the Department of Labor's Bureau of International Labor Affairs to identify: (1) goods produced with forced labor or child labor, and (2) persons or businesses that produce goods with inputs from forced labor or child labor. Includes the United States among countries with respect to which the Bureau shall carry out activities to monitor and combat forced labor or child labor. Requires the list of goods the Bureau has reason to believe are produced by forced labor or child labor in violation of international standards to: (1) identify persons or businesses that produce such goods; and (2) be made available to the public and Congress by April 1, 2012, and updated at least every two years.
 
Amends the federal criminal code to expand the scope of the prohibition against a U.S. citizen or alien admitted for permanent residence travelling in foreign commerce and engaging in illicit sexual conduct to include such individuals engaging in travel affecting foreign commerce and to apply even if such an individual is residing temporarily or permanently in a foreign jurisdiction. Provides that it is not a defense that a 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.
 
Amends the TVPA to include the Director of the Peace Corps as a member of the Interagency Task Force to Monitor and Combat Trafficking. Sets forth reporting requirements regarding the activities of: (1) U.S. government contractors and subcontractors and establishes a zero tolerance policy for their trafficking in persons, and (2) Bureau of Justice Assistance grant assistance for human trafficking task forces and information about trafficking victims.
 
Requires the Secretary of Defense (DOD) to designate a Director of Anti-Trafficking Policies.
 
Amends the TVPA to provide benefits and services for non-immigrants who are victims of criminal trafficking.
 
Authorizes the Secretary to permit an alien to remain in the United States, if a federal law enforcement official files an application stating that an alien may be a victim of a severe form of trafficking and may be a potential witness to such trafficking, to facilitate the investigation and prosecution of those responsible for such crime. Requires such official to respond to a request for continued presence in the United States within 15 days and to approve or deny the application for continued presence within 1 month.
 
Directs the Secretary of State to include in specified required reports a description of U.S. efforts to comply with minimum standards for the elimination of trafficking.
 
Prohibits knowingly destroying or concealing or confiscating for more than 48 hours the passport or other immigration or personal identification document of an individual: (1) in violation of specified provisions of the Immigration and Nationality Act, or (2) in order to, without lawful authority, maintain, prevent, or restrict the labor or services of the individual.
 
Makes fraud in foreign labor contracting a predicate offense under the Racketeer Influenced and Corrupt Organizations Act (RICO).
 
Amends the Immigration and Nationality Act to permit the adjustment of status of a nonimmigrant to that of a person admitted for permanent residence if the activities rendering the alien inadmissible were caused by, or incident to, victimization under provisions regarding victims of trafficking in persons.
 
Amends the Wilberforce Act to: (1) provide that, to the extent feasible, unaccompanied alien children from countries that are contiguous with the United States 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; and (2) require each federal agency to notify the Department of Health and Human Services (HHS) within 24 (currently 48) hours regarding the apprehension or discovery of an unaccompanied alien child or regarding any claim or suspicion that an alien in custody is under age 18.
 
Amends Social Security Act provisions regarding federal payments for foster care and adoption assistance to require state plans for such assistance, by January 1, 2013, to describe 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, U.S. citizen, and legal resident children.
 
Directs the Attorney General to consult with the HHS Secretary to distribute information to enable grantees under the TVPA to publicize the National Human Trafficking Resource Center hotline on their websites.
 
Requires any person who engages in foreign labor contracting activity to ascertain and disclose in writing in English and in the language of the worker being recruited specified information, including the identity of the employer and the recruiter and a signed copy of the work contract. Prohibits certain recruitment fees. 
 
Requires the Secretary to maintain a list of all foreign labor contractors registered. Directs the Secretary of Labor to establish a process for the receipt, investigation, and disposition of complaints.
 
Authorizes appropriations for FY2012-FY2015 for the TVPA and the Trafficking Victims Protection Reauthorization Act of 2005.


Legislative actions:
action_date: 2011-11-02
text: Committee on Commission on Security and Cooperation in Europe. Hearings held.
action_date: 2011-10-05
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2011-10-05
text: Committee Consideration and Mark-up Session Held.
action_date: 2011-09-20
text: Referred to the Subcommittee on Military Personnel.
action_date: 2011-09-12
text: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
action_date: 2011-09-12
text: Referred to the Subcommittee on Immigration Policy and Enforcement.
action_date: 2011-09-06
text: Referred for a period ending not later than September 6 2011, (or for a later time if the Chairman so designates) to the Subcommittee on Human Resources, in each case for consideration of such provisions as fall within the jurisdiction of the subcommittee concerned.
action_date: 2011-08-30
text: 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.
action_date: 2011-08-30
text: 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.
action_date: 2011-08-30
text: 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.
action_date: 2011-08-30
text: 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.
action_date: 2011-08-30
text: 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.
action_date: 2011-08-30
text: Referred to the Subcommittee on Health.
action_date: 2011-08-30
text: Introduced in House
action_date: 2011-08-30
text: Introduced in House