[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1301 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1301

To authorize appropriations for fiscal years 2012 through 2015 for the 
  Trafficking Victims Protection Act of 2000, to enhance measures to 
         combat trafficking in persons, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 29, 2011

  Mr. Leahy (for himself, Mr. Brown of Massachusetts, Mr. Kerry, Mrs. 
Boxer, Mr. Cardin, and Mr. Wyden) introduced the following bill; which 
     was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To authorize appropriations for fiscal years 2012 through 2015 for the 
  Trafficking Victims Protection Act of 2000, to enhance measures to 
         combat trafficking in persons, and for other purposes.

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

SECTION 1. SHORT TITLE; 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; table of contents.
        TITLE I--COMBATING INTERNATIONAL TRAFFICKING IN PERSONS

Sec. 101. Regional strategies for combating trafficking in persons.
Sec. 102. Regional anti-trafficking officers.
Sec. 103. Partnerships against significant trafficking in persons.
Sec. 104. Protection and assistance for victims of trafficking.
Sec. 105. Minimum standards for the elimination of trafficking.
Sec. 106. Best practices in trafficking in persons eradication.
Sec. 107. Protections for domestic workers and other nonimmigrants.
    TITLE II--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES

       Subtitle A--Penalties Against Traffickers and Other Crimes

Sec. 201. Criminal offenses against traffickers.
Sec. 202. Civil remedies; clarifying definition.
 Subtitle B--Ensuring Availability of Possible Witnesses and Informants

Sec. 211. Protections for trafficking victims who cooperate with law 
                            enforcement.
Sec. 212. Protection against fraud in foreign labor contracting.
Sec. 213. Protections for certain derivative beneficiaries of deceased 
                            trafficking or crime victims.
Sec. 214. Consultation with the Attorney General on adjustment of 
                            status of certain trafficking victims.
  Subtitle C--Ensuring Interagency Coordination and Expanded Reporting

Sec. 221. Reporting requirements for the Attorney General.
Sec. 222. Reporting requirements for the Secretary of Labor.
Sec. 223. Information sharing to combat child labor and slave labor.
Sec. 224. Government training efforts to include the Department of 
                            Labor.
Sec. 225. GAO report on the use of foreign labor contractors.
Subtitle D--Enhancing State and Local Efforts to Combat Trafficking in 
                                Persons

Sec. 231. Assistance for domestic minor sex trafficking victims.
Sec. 232. Expanding local law enforcement grants for investigations and 
                            prosecutions of trafficking.
Sec. 233. Model State criminal law protection for child trafficking 
                            victims and survivors.
               TITLE III--AUTHORIZATION OF APPROPRIATIONS

Sec. 301. Adjustment of authorization levels for the Trafficking 
                            Victims Protection Act of 2000.
Sec. 302. Adjustment of authorization levels for the Trafficking 
                            Victims Protection Reauthorization Act of 
                            2005.
                 TITLE IV--UNACCOMPANIED ALIEN CHILDREN

Sec. 401. Protection for minors seeking asylum.
Sec. 402. Appropriate custodial settings for unaccompanied minors who 
                            reach the age of majority while in Federal 
                            custody.
Sec. 403. Appointment of child advocates for unaccompanied minors.
Sec. 404. Access to Federal foster care and unaccompanied refugee minor 
                            protections for certain U Visa recipients.
Sec. 405. GAO study of the effectiveness of border screenings.

        TITLE I--COMBATING INTERNATIONAL TRAFFICKING IN PERSONS

SEC. 101. REGIONAL STRATEGIES FOR COMBATING TRAFFICKING IN PERSONS.

    Section 105 of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7103) is amended--
            (1) in subsection (d)(7)(J), by striking ``section 105(f) 
        of this division'' and inserting ``subsection (g)'';
            (2) in subsection (e)(2)--
                    (A) by striking ``(2) Coordination of certain 
                activities.--'' and all that follows through 
                ``exploitation.'';
                    (B) by redesignating subparagraph (B) as paragraph 
                (2); and
                    (C) by redesignating clauses (i) and (ii) as 
                subparagraphs (A) and (B), respectively;
            (3) by redesignating subsection (f) as subsection (g); and
            (4) by inserting after subsection (e) the following:
    ``(f) Regional Strategies for Combating Trafficking in Persons.--
Each regional bureau in the Department of State shall contribute to the 
realization of the anti-trafficking goals and objectives of the 
Secretary of State. By June 30 of each year, in cooperation with the 
Office to Monitor and Combat Trafficking, each regional bureau shall 
submit a list of anti-trafficking goals and objectives for each country 
in its geographic area of responsibility. Host governments shall be 
informed of the goals and objectives for their particular country by 
June 30 and, to the extent possible, host government officials should 
contribute to the drafting of the goals and objectives.''.

SEC. 102. REGIONAL ANTI-TRAFFICKING OFFICERS.

    Section 106 of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7104) is amended--
            (1) by redesignating subsections (e), (f), (g), and (h) as 
        subsections (f), (g), (h), and (i), respectively; and
            (2) by inserting after subsection (d), the following:
    ``(e) Regional Anti-Trafficking in Persons Officers.--Under the 
authority, direction, and control of the President, the Secretary of 
State, in accordance with the provisions of this Act, and in order to 
promote effective bilateral and regional anti-trafficking diplomacy, 
public diplomacy initiatives, and coordination of programs, is 
authorized--
            ``(1) to appoint, at United States embassies, anti-
        trafficking in persons officers, who shall collaborate with 
        other countries to eliminate human trafficking; and
            ``(2) to use the officers appointed under paragraph (1) for 
        tasks such as--
                    ``(A) expanding the anti-trafficking efforts of the 
                Office to Monitor and Combat Trafficking in Persons of 
                the Department of State;
                    ``(B) monitoring trafficking trends in the region;
                    ``(C) assessing compliance with the provisions of 
                this Act; and
                    ``(D) assisting and advising United States 
                embassies overseas on the preparation of the annual 
                Trafficking in Persons Report.''.

SEC. 103. PARTNERSHIPS AGAINST SIGNIFICANT TRAFFICKING IN PERSONS.

    The Trafficking Victims Protection Act of 2000 is amended--
            (1) in section 105(e)(2) (22 U.S.C. 7103(e)(2))--
                    (A) by striking ``(2) Coordination'' and all that 
                follows through ``assistance'' and inserting the 
                following:
            ``(2) United states assistance.--''; and
                    (B) by redesignating clauses (i) and (ii) as 
                subparagraphs (A) and (B) and moving such 
                subparagraphs, as so redesignated, 2 ems to the left;
            (2) by inserting after section 105 (22 U.S.C. 7103) the 
        following:

``SEC. 105A. CREATING, BUILDING, AND STRENGTHENING PARTNERSHIPS AGAINST 
              SIGNIFICANT TRAFFICKING IN PERSONS.

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

SEC. 104. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.

    (a) Task Force Activities.--Section 105(d)(6) of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7103(d)(6)) is amended by 
inserting ``, and make reasonable efforts to distribute information to 
enable all Federal Government agencies to publicize the National Human 
Trafficking Resource Center Hotline on their websites, in all 
headquarters offices, and in all field offices throughout the United 
States'' before the period at the end.
    (b) Congressional Briefing.--Section 107(a)(2) of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7105(a)(2)) is amended by 
inserting ``and shall brief Congress annually on such efforts'' before 
the period at the end.

SEC. 105. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.

    Section 108(b) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7106(b)) is amended--
            (1) in paragraph (3)--
                    (A) by striking ``peacekeeping'' and inserting 
                ``diplomatic, peacekeeping,'';
                    (B) by striking ``, and measures'' and inserting 
                ``, a transparent system for remediating or punishing 
                such public officials as a deterrent, measures''; and
                    (C) by inserting ``, effective bilateral, 
                multilateral, or regional information sharing and 
                cooperation arrangements with source, transit, or 
                destination countries in its trafficking route, and 
                effective policies or laws regulating foreign labor 
                recruiters and holding them civilly and criminally 
                liable for fraudulent recruiting'' before the period at 
                the end;
            (2) in paragraph (4), by inserting ``and has entered into 
        bilateral, multilateral, or regional law enforcement 
        cooperation and coordination arrangements with source, transit, 
        and destination countries in its trafficking route'' before the 
        period at the end;
            (3) in paragraph (7)--
                    (A) by inserting ``, including diplomats and 
                soldiers,'' after ``public officials'';
                    (B) by striking ``peacekeeping'' and inserting 
                ``diplomatic, peacekeeping,''; and
                    (C) by inserting ``A government's failure to 
                remediate public allegations against such public 
                officials, especially once such officials have returned 
                to their home countries, shall be considered inaction 
                under these criteria.'' after ``such trafficking.'';
            (4) by redesignating paragraphs (9) through (11) as 
        paragraphs (10) through (12), respectively; and
            (5) by inserting after paragraph (8) the following:
            ``(9) Whether the government has entered into transparent 
        partnerships, cooperative arrangements, or agreements with--
                    ``(A) domestic civil society organizations or the 
                private sector to assist the government's efforts to 
                prevent trafficking, protect victims, and punish 
                traffickers; or
                    ``(B) the United States toward agreed goals and 
                objectives in the collective fight against 
                trafficking.''.

SEC. 106. BEST PRACTICES IN TRAFFICKING IN PERSONS ERADICATION.

    Section 110(b) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7107(b)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``with respect to the status of 
                severe forms of trafficking in persons that shall 
                include--'' and inserting ``describing the anti-
                trafficking efforts of the United States and foreign 
                governments according to the minimum standards and 
                criteria enumerated in section 108, and the nature and 
                scope of trafficking in persons in each country and 
                analysis of the trend lines for individual governmental 
                efforts. The report shall include--'';
                    (B) in subparagraph (B), by striking 
                ``compliance;'' and inserting ``compliance, including 
                the identification and mention of governments that--
                    ``(A) are on such list and have demonstrated 
                exemplary progress in their efforts to reach the 
                minimum standards; or
                    ``(B) have entered into an agreement with the 
                Secretary to accomplish certain actions before the 
                subsequent year's annual report in an attempt to reach 
                full compliance with the minimum standards;'';
                    (C) in subparagraph (E), by striking ``; and''; and 
                inserting a semicolon;
                    (D) in subparagraph (F), by striking the period at 
                the end and inserting ``; and''; and
                    (E) by inserting at the end the following:
                    ``(G) a section entitled `Exemplary Governments and 
                Practices in the Eradication of Trafficking in Persons' 
                to highlight--
                            ``(i) effective practices and use of 
                        innovation and technology in prevention, 
                        protection, prosecution, and partnerships, 
                        including by foreign governments, the private 
                        sector, and domestic civil society actors; and
                            ``(ii) governments that have shown 
                        exemplary overall efforts to combat trafficking 
                        in persons.'';
            (2) by striking paragraph (2); and
            (3) in paragraph (3), by adding at the end the following:
                    ``(E) Public notice.--Not later than 30 days after 
                notifying Congress of each country determined to have 
                met the requirements under subclauses (I) through (III) 
                of subparagraph (A)(iii), the Secretary of State shall 
                provide a detailed description of the credible evidence 
                supporting such determination on a publicly available 
                website maintained by the Department of State.''.

SEC. 107. PROTECTIONS FOR DOMESTIC WORKERS AND OTHER NONIMMIGRANTS.

    Section 202 of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1375b) is amended--
            (1) in subsection (a)--
                    (A) in the subsection heading, by inserting ``and 
                Video for Consular Waiting Rooms'' after ``Information 
                Pamphlet''; and
                    (B) in paragraph (1)--
                            (i) by inserting ``and video'' after 
                        ``information pamphlet''; and
                            (ii) by adding at the end the following: 
                        ``The video shall be distributed and shown in 
                        consular waiting rooms in embassies and 
                        consulates determined to have the greatest 
                        concentration of employment or education-based 
                        non-immigrant visa applicants, and where 
                        sufficient video facilities exist in waiting or 
                        other rooms where applicants wait or convene. 
                        The Secretary of State is authorized to augment 
                        video facilities in such consulates or 
                        embassies in order to fulfill the purposes of 
                        this section.'';
            (2) in subsection (b), by inserting ``and video'' after 
        ``information pamphlet'';
            (3) in subsection (c)--
                    (A) in paragraph (1), by inserting ``and produce or 
                dub the video'' after ``information pamphlet''; and
                    (B) in paragraph (2), by inserting ``and the video 
                produced or dubbed'' after ``translated''; and
            (4) in subsection (d)--
                    (A) in paragraph (1), by inserting ``and video'' 
                after ``information pamphlet'';
                    (B) in paragraph (2), by inserting ``and video'' 
                after ``information pamphlet''; and
                    (C) by adding at the end the following:
            ``(4) Deadline for video development and distribution.--Not 
        later than 1 year after the date of the enactment of the 
        Trafficking Victims Protection Reauthorization Act of 2011, the 
        Secretary of State shall make available the video developed 
        under subsection (a) produced or dubbed in all the languages 
        referred to in subsection (c).''.

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

       Subtitle A--Penalties Against Traffickers and Other Crimes

SEC. 201. CRIMINAL OFFENSES AGAINST TRAFFICKERS.

    (a) RICO Amendment.--Section 1961(1)(B) of title 18, United States 
Code, is amended by inserting ``section 1351 (relating to fraud in 
foreign labor contracting),'' before ``section 1425''.
    (b) Engaging in Illicit Sexual Conduct in Foreign Places.--Section 
2423(c) of title 18, United States Code, is amended by inserting ``or 
resides, either temporarily or permanently, in a foreign country'' 
after ``commerce''.
    (c) Unlawful Conduct With Respect to Documents.--
            (1) In general.--Chapter 77 of title 18, United States 
        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 or other immigration 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.--Any person who violates subsection (a) shall be 
fined under this title, imprisoned for not more than 1 year, or both.
    ``(c) Obstruction.--Any person who 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).''.
            (2) Technical and conforming amendment.--The table of 
        sections for 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. 202. CIVIL REMEDIES; CLARIFYING DEFINITION.

    (a) Civil Remedy for Personal Injuries.--Section 2255 of title 18, 
United States Code, is amended--
            (1) in subsection (a), by striking ``section 2241(c)'' and 
        inserting ``section 1589, 1590, 1591, 2241(c)''; and
            (2) in subsection (b), by striking ``six years'' and 
        inserting ``10 years''.
    (b) Definition.--
            (1) In general.--Section 103 of the Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7102) is amended--
                    (A) by redesignating paragraphs (1) through (14) as 
                paragraphs (2) through (15), respectively;
                    (B) by inserting before paragraph (2), as 
                redesignated, the following:
            ``(1) Abuse or threatened abuse of law or legal process.--
        The term `abuse or threatened abuse of the legal process' means 
        the use or threatened use of a law or legal process, whether 
        administrative, civil, or criminal, in any manner or for any 
        purpose for which the law was not designed, in order to exert 
        pressure on another person to cause that person to take some 
        action or refrain from taking some action.'';
                    (C) in paragraph (14), as redesignated, by striking 
                ``paragraph (8)'' and inserting ``paragraph (9)''; and
                    (D) in paragraph (15), as redesignated, by striking 
                ``paragraph (8) or (9)'' and inserting ``paragraph (9) 
                or (10)''.
            (2) Technical and conforming amendments.--
                    (A) Trafficking victims protection act of 2000.--
                The Trafficking Victims Protection Act of 2000 (22 
                U.S.C. 7101 et seq.) is amended--
                            (i) in section 110(e) (22 U.S.C. 7107(e))--
                                    (I) by striking ``section 
                                103(7)(A)'' and inserting ``section 
                                103(8)(A)''; and
                                    (II) by striking ``section 
                                103(7)(B)'' and inserting ``section 
                                103(8)(B)''; and
                            (ii) in section 113(g)(2) (22 U.S.C. 
                        7110(g)(2)), by striking ``section 103(8)(A)'' 
                        and inserting ``section 103(9)(A)''.
                    (B) North korean human rights act of 2004.--Section 
                203(b)(2) of the North Korean Human Rights Act of 2004 
                (22 U.S.C. 7833(b)(2)) is amended by striking ``section 
                103(14)'' and inserting ``section 103(15)''.
                    (C) Trafficking victims protection reauthorization 
                act of 2005.--Section 207 of the Trafficking Victims 
                Protection Reauthorization Act of 2005 (42 U.S.C. 
                14044e) is amended--
                            (i) in paragraph (1), by striking ``section 
                        103(8)'' and inserting ``section 103(9)'';
                            (ii) in paragraph (2), by striking 
                        ``section 103(9)'' and inserting ``section 
                        103(10)''; and
                            (iii) in paragraph (3), by striking 
                        ``section 103(3)'' and inserting ``section 
                        103(4)''.
                    (D) Violence against women and department of 
                justice reauthorization act of 2005.--Section 111(a)(1) 
                of the Violence Against Women and Department of Justice 
                Reauthorization Act of 2005 (42 U.S.C. 14044f(a)(1)) is 
                amended by striking ``paragraph (8)'' and inserting 
                ``paragraph (9)''.

 Subtitle B--Ensuring Availability of Possible Witnesses and Informants

SEC. 211. PROTECTIONS FOR TRAFFICKING VICTIMS WHO COOPERATE WITH LAW 
              ENFORCEMENT.

    Section 101(a)(15)(T) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(T)) is amended--
            (1) in clause (i)--
                    (A) in subclause (II)--
                            (i) by inserting ``(aa)'' after (II); and
                            (ii) by adding at the end the following: 
                        ``or
                            ``(bb) had been in the United States on 
                        account of such trafficking, which took place 
                        during the most recent 5-year period, and fled 
                        from the United States--
                                    ``(AA) to escape a serious threat 
                                based on that trafficking; or
                                    ``(BB) to protect the life or 
                                safety of an individual described in 
                                clause (ii) from a threat posed by the 
                                traffickers or their associates;'';
                    (B) in subclause (III)(bb), by inserting ``, 
                including a reasonable fear of retaliation posed by the 
                traffickers or their associates against an individual 
                described in clause (ii)'' after ``trauma''; and
                    (C) in subclause (IV), by inserting ``or by 
                remaining in, or returning to, the alien's country of 
                origin, if the alien had previously fled the United 
                States under the conditions described in subclause 
                (II)(bb)'' after ``removal''; and
            (2) in clause (ii)(III), by inserting ``, or any adult or 
        minor children of a derivative beneficiary of the alien, as'' 
        after ``age''.

SEC. 212. PROTECTION AGAINST FRAUD IN FOREIGN LABOR CONTRACTING.

    Section 101(a)(15)(U)(iii) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(15)(U)(iii)) is amended by inserting ``fraud in 
foreign labor contracting (as defined in section 1351 of title 18, 
United States Code);'' after ``perjury;''.

SEC. 213. PROTECTIONS FOR CERTAIN DERIVATIVE BENEFICIARIES OF DECEASED 
              TRAFFICKING OR CRIME VICTIMS.

    Section 204(l)(2) of the Immigration and Nationality Act (8 U.S.C. 
1154(l)(2)) is amended--
            (1) by redesignating subparagraph (F) as subparagraph (H); 
        and
            (2) by striking subparagraph (E) and inserting the 
        following:
                    ``(E) a derivative beneficiary of an alien admitted 
                in `T' nonimmigrant status (as described in section 
                101(a)(15)(T)(ii));
                    ``(F) a derivative beneficiary of an alien admitted 
                in `U' nonimmigrant status (as described in section 
                101(a)(15)(U)(ii));
                    ``(G) a derivative beneficiary of an alien who was 
                a VAWA self-petitioner; or''.

SEC. 214. CONSULTATION WITH THE ATTORNEY GENERAL ON ADJUSTMENT OF 
              STATUS OF CERTAIN TRAFFICKING VICTIMS.

    Section 245(l)(1) of the Immigration and Nationality Act (8 U.S.C. 
1255(l)(1)) is amended, in the matter preceding subparagraph (A), by 
inserting a comma after ``appropriate''.

  Subtitle C--Ensuring Interagency Coordination and Expanded Reporting

SEC. 221. REPORTING REQUIREMENTS FOR THE ATTORNEY GENERAL.

    Section 105(d)(7) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7103(d)(7)) is amended--
            (1) by redesignating subparagraphs (D) through (J) as 
        subparagraphs (F) through (L);
            (2) by striking subparagraph (C) and inserting the 
        following:
                    ``(C) the number of persons who have applied for, 
                been granted, or been denied a visa or otherwise 
                provided status under subparagraph (T)(i) or (U)(i) of 
                section 101(a)(15) of the Immigration and Nationality 
                Act (8 U.S.C. 1101(a)(15)) during the preceding fiscal 
                year;
                    ``(D) the mean and median time in which it takes to 
                adjudicate applications submitted under the provisions 
                of law set forth in subparagraph (C), including the 
                time between the receipt of an application and the 
                issuance of a visa and work authorization;
                    ``(E) any efforts being taken to reduce the 
                adjudication and processing time, while ensuring the 
                safe and competent processing of the applications;'';
            (3) in subparagraph (I)(iii), by striking ``and'' at the 
        end;
            (4) in subparagraph (J), by striking the period at the end 
        and inserting ``; and''; and
            (5) by adding at the end the following:
                    ``(K) the activities undertaken by Federal agencies 
                to train appropriate State, tribal, and local 
                government and law enforcement officials to identify 
                victims of severe forms of trafficking, including both 
                sex and labor trafficking;
                    ``(L) the activities undertaken by Federal agencies 
                in cooperation with State, tribal, and local law 
                enforcement officials to identify, investigate, and 
                prosecute offenses under sections 1581, 1583, 1584, 
                1589, 1590, 1592, and 1594 of title 18, United States 
                Code, or equivalent State offenses, including, in each 
                fiscal year--
                            ``(i) the number, age, gender, country of 
                        origin, and citizenship status of victims 
                        identified for each offense;
                            ``(ii) the number of individuals charged, 
                        and the number of individuals convicted, under 
                        each offense;
                            ``(iii) the number of individuals referred 
                        for prosecution for State offenses, including 
                        offenses relating to the purchasing of 
                        commercial sex acts;
                            ``(iv) the number of victims granted 
                        continued presence in the United States under 
                        section 107(c)(3); and
                            ``(v) the number of victims granted a visa 
                        or otherwise provided status under subparagraph 
                        (T)(i) or (U)(i) of section 101(a)(15) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1101(a)(15)); and
                    ``(M) the activities undertaken by the Department 
                of Justice and the Department of Health and Human 
                Services to meet the specific needs of minor victims of 
                domestic trafficking, including actions taken pursuant 
                to subsection (f) and section 202(a) of the Trafficking 
                Victims Protection Reauthorization Act of 2005 (42 
                U.S.C. 14044(a)), and the steps taken to increase 
                cooperation among Federal agencies to ensure the 
                effective and efficient use of programs for which the 
                victims are eligible.''.

SEC. 222. REPORTING REQUIREMENTS FOR THE SECRETARY OF LABOR.

    Section 105(b) of the Trafficking Victims Protection Act of 2005 
(22 U.S.C. 7112(b)) is amended by adding at the end the following:
            ``(3) Submission to congress.--Not later than December 1, 
        2012, and every 2 years thereafter, the Secretary of Labor 
        shall submit the list developed under paragraph (2)(C) to 
        Congress.''.

SEC. 223. INFORMATION SHARING TO COMBAT CHILD LABOR AND SLAVE LABOR.

    Section 105(a) of the Trafficking Victims Protection Act of 2005 
(22 U.S.C. 7112(a)) is amended by adding at the end the following:
            ``(3) Information sharing.--The Secretary of State shall, 
        on a regular basis, provide information relating to child labor 
        and forced labor in the production of goods in violation of 
        international standards to the Department of Labor to be used 
        in developing the list described in subsection (b)(2)(C).''.

SEC. 224. GOVERNMENT TRAINING EFFORTS TO INCLUDE THE DEPARTMENT OF 
              LABOR.

    Section 107(c)(4) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7105(c)(4)) is amended--
            (1) in the first sentence, by inserting ``the Department of 
        Labor, the Equal Employment Opportunity Commission,'' before 
        ``and the Department''; and
            (2) in the second sentence, by inserting ``, in 
        consultation with the Secretary of Labor,'' before ``shall 
        provide''.

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

    (a) In General.--Not later than 2 years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit a report on the use of foreign labor contractors to--
            (1) the Committee on the Judiciary of the Senate;
            (2) the Committee on Health, Education, Labor, and Pensions 
        of the Senate;
            (3) the Committee on the Judiciary of the House of 
        Representatives; and
            (4) the Committee on Education and the Workforce of the 
        House of Representatives.
    (b) Contents.--The report under subsection (a) should, to the 
extent possible--
            (1) address the role and practices of United States 
        employers in--
                    (A) the use of labor recruiters or brokers; or
                    (B) directly recruiting foreign workers;
            (2) analyze the laws that protect such workers, both 
        overseas and domestically;
            (3) describe the oversight and enforcement mechanisms in 
        Federal departments and agencies for such laws; and
            (4) identify any gaps that may exist in these protections; 
        and
            (5) recommend possible actions for Federal departments and 
        agencies to combat any abuses.
    (c) Requirements.--The report under subsection (a) shall--
            (1) describe the role of labor recruiters or brokers 
        working in countries that are sending workers and receiving 
        funds, including any identified involvement in labor abuses;
            (2) describe the role and practices of employers in the 
        United States that commission labor recruiters or brokers or 
        directly recruit foreign workers;
            (3) describe the role of Federal departments and agencies 
        in overseeing and regulating the foreign labor recruitment 
        process, including certifying and enforcing under existing 
        regulations; and
            (4) based on the information required under paragraphs (1) 
        through (3), identify any common abuses of foreign workers and 
        the employment system, including the use of fees and debts, and 
        recommendations of actions that could be taken by Federal 
        departments and agencies to combat any identified abuses.

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

SEC. 231. ASSISTANCE FOR DOMESTIC MINOR SEX TRAFFICKING VICTIMS.

    (a) In General.--Section 202 of the Trafficking Victims Protection 
Reauthorization Act of 2005 (42 U.S.C. 14044a) is amended to read as 
follows:

``SEC. 202. ESTABLISHMENT OF A GRANT PROGRAM TO DEVELOP, EXPAND, AND 
              STRENGTHEN ASSISTANCE PROGRAMS FOR CERTAIN PERSONS 
              SUBJECT TO TRAFFICKING.

    ``(a) Definitions.--In this section:
            ``(1) Assistant secretary.--The term `Assistant Secretary' 
        means the Assistant Secretary for Children and Families of the 
        Department of Health and Human Services.
            ``(2) Assistant attorney general.--The term `Assistant 
        Attorney General' means the Assistant Attorney General for the 
        Office of Justice Programs of the Department of Justice.
            ``(3) Eligible entity.--The term `eligible entity' means a 
        State or unit of local government that--
                    ``(A) has significant criminal activity involving 
                sex trafficking of minors;
                    ``(B) has demonstrated cooperation between Federal, 
                State, local, and, where applicable, tribal law 
                enforcement agencies, prosecutors, and social service 
                providers in addressing sex trafficking of minors;
                    ``(C) has developed a workable, multi-disciplinary 
                plan to combat sex trafficking of minors, including--
                            ``(i) building or establishing a 
                        residential care facility for minor victims of 
                        sex trafficking, through;
                            ``(ii) the provision of rehabilitative care 
                        to minor victims of sex trafficking;
                            ``(iii) the provision of specialized 
                        training for law enforcement officers and 
                        social service providers for all forms of sex 
                        trafficking, with a focus on sex trafficking of 
                        minors;
                            ``(iv) prevention, deterrence, and 
                        prosecution of offenses involving sex 
                        trafficking of minors;
                            ``(v) cooperation or referral agreements 
                        with organizations providing outreach or other 
                        related services to runaway and homeless youth; 
                        and
                            ``(vi) law enforcement protocols or 
                        procedures to screen all individuals arrested 
                        for prostitution, whether adult or minor, for 
                        victimization by sex trafficking and by other 
                        crimes, such as sexual assault and domestic 
                        violence; and
                    ``(D) provides assurance that a minor victim of sex 
                trafficking shall not be required to collaborate with 
                law enforcement to have access to residential care or 
                services provided with a grant under this section.
            ``(4) Minor victim of sex trafficking.--The term `minor 
        victim of sex trafficking' means an individual who--
                    ``(A) is younger than 18 years of age, and is a 
                victim of an offense described in section 1591(a) of 
                title 18, United States Code, or a comparable State 
                law; or
                    ``(B)(i) is not younger than 18 years of age nor 
                older than 20 years of age;
                    ``(ii) on the day before the individual reached 18 
                years of age, was described in subparagraph (A); and
                    ``(iii) was receiving shelter or services as a 
                minor victim of sex trafficking.
            ``(5) Qualified nongovernmental organization.--The term 
        `qualified nongovernmental organization' means an organization 
        that--
                    ``(A) is not a State or unit of local government, 
                or an agency of a State or unit of local government;
                    ``(B) has demonstrated experience providing 
                services to victims of sex trafficking or related 
                populations (such as runaway and homeless youth), or 
                employs staff specialized in the treatment of sex 
                trafficking victims; and
                    ``(C) demonstrates a plan to sustain the provision 
                of services beyond the period of a grant awarded under 
                this section.
            ``(6) Sex trafficking of a minor.--The term `sex 
        trafficking of a minor' means an offense (described in section 
        1591(a) of title 18, United States Code), against a minor.
    ``(b) Sex Trafficking Block Grants.--
            ``(1) Grants authorized.--
                    ``(A) In general.--The Assistant Attorney General, 
                in consultation with the Assistant Secretary, may make 
                block grants to 4 eligible entities located in 
                different regions of the United States to combat sex 
                trafficking of minors.
                    ``(B) Requirement.--Not fewer than 1 of the block 
                grants made under subparagraph (A) shall be awarded to 
                an eligible entity with a State population of less than 
                5,000,000.
                    ``(C) Grant amount.--Subject to the availability of 
                appropriations under subsection (g) to carry out this 
                section, each grant made under this section shall be 
                for an amount not less than $1,500,000 and not greater 
                than $2,000,000.
                    ``(D) Duration.--
                            ``(i) In general.--A grant made under this 
                        section shall be for a period of 1 year.
                            ``(ii) Renewal.--
                                    ``(I) In general.--The Assistant 
                                Attorney General may renew a grant 
                                under this section for up to 3 1-year 
                                periods.
                                    ``(II) Priority.--In making grants 
                                in any fiscal year after the first 
                                fiscal year in which grants are made 
                                under this section, the Assistant 
                                Attorney General shall give priority to 
                                an eligible entity that received a 
                                grant in the preceding fiscal year and 
                                is eligible for renewal under this 
                                subparagraph, taking into account any 
                                evaluation of the eligible entity 
                                conducted under paragraph (4), if 
                                available.
                    ``(E) Consultation.--In carrying out this section, 
                the Assistant Attorney General shall consult with the 
                Assistant Secretary with respect to--
                            ``(i) evaluations of grant recipients under 
                        paragraph (4);
                            ``(ii) avoiding unintentional duplication 
                        of grants; and
                            ``(iii) any other areas of shared concern.
            ``(2) Use of funds.--
                    ``(A) Allocation.--Not less than 67 percent of each 
                grant made under paragraph (1) shall be used by the 
                eligible entity to provide residential care and 
                services (as described in clauses (i) through (iv) of 
                subparagraph (B)) to minor victims of sex trafficking 
                through qualified nongovernmental organizations.
                    ``(B) Authorized activities.--Grants awarded 
                pursuant to paragraph (2) may be used for--
                            ``(i) providing residential care to minor 
                        victims of sex trafficking, including temporary 
                        or long-term placement as appropriate;
                            ``(ii) providing 24-hour emergency social 
                        services response for minor victims of sex 
                        trafficking;
                            ``(iii) providing minor victims of sex 
                        trafficking with clothing and other daily 
                        necessities needed to keep such victims from 
                        returning to living on the street;
                            ``(iv) case management services for minor 
                        victims of sex trafficking;
                            ``(v) mental health counseling for minor 
                        victims of sex trafficking, including 
                        specialized counseling and substance abuse 
                        treatment;
                            ``(vi) legal services for minor victims of 
                        sex trafficking;
                            ``(vii) specialized training for social 
                        service providers, public sector personnel, and 
                        private sector personnel likely to encounter 
                        sex trafficking victims on issues related to 
                        the sex trafficking of minors and severe forms 
                        of trafficking in persons;
                            ``(viii) outreach and education programs to 
                        provide information about deterrence and 
                        prevention of sex trafficking of minors;
                            ``(ix) programs to provide treatment to 
                        individuals charged or cited with purchasing or 
                        attempting to purchase sex acts in cases 
                        where--
                                    ``(I) a treatment program can be 
                                mandated as a condition of a sentence, 
                                fine, suspended sentence, or probation, 
                                or is an appropriate alternative to 
                                criminal prosecution; and
                                    ``(II) the individual was not 
                                charged with purchasing or attempting 
                                to purchase sex acts with a minor; and
                            ``(x) screening and referral of minor 
                        victims of severe forms of trafficking in 
                        persons.
            ``(3) Application.--
                    ``(A) In general.--Each eligible entity desiring a 
                grant under this section shall submit an application to 
                the Assistant Attorney General at such time, in such 
                manner, and accompanied by such information as the 
                Assistant Attorney General may reasonably require.
                    ``(B) Contents.--Each application submitted 
                pursuant to subparagraph (A) shall--
                            ``(i) describe the activities for which 
                        assistance under this section is sought; and
                            ``(ii) provide such additional assurances 
                        as the Assistant Attorney General determines to 
                        be essential to ensure compliance with the 
                        requirements of this section.
            ``(4) Evaluation.--The Assistant Attorney General shall 
        enter into a contract with an academic or non-profit 
        organization that has experience in issues related to sex 
        trafficking of minors and evaluation of grant programs to 
        conduct an annual evaluation of each grant made under this 
        section to determine the impact and effectiveness of programs 
        funded with the grant.
    ``(c) Mandatory Exclusion.--An eligible entity that receives a 
grant under this section that is found to have utilized grant funds for 
any unauthorized expenditure or otherwise unallowable cost shall not be 
eligible for any grant funds awarded under the grant for 2 fiscal years 
following the year in which the unauthorized expenditure or unallowable 
cost is reported.
    ``(d) Compliance Requirement.--An eligible entity shall not be 
eligible to receive a grant under this section if, during the 5 fiscal 
years before the eligible entity submits an application for the grant, 
the eligible entity has been found to have violated the terms or 
conditions of a Government grant program by utilizing grant funds for 
unauthorized expenditures or otherwise unallowable costs.
    ``(e) Administrative Cap.--The cost of administering the grants 
authorized by this section shall not exceed 3 percent of the total 
amount appropriated to carry out this section.
    ``(f) Audit Requirement.--For fiscal years 2014 and 2015, the 
Inspector General of the Department of Health and Human Services shall 
conduct an audit of all 4 eligible entities that receive block grants 
under this section.
    ``(g) Match Requirement.--An eligible entity that receives a grant 
under this section shall provide a non-Federal match in an amount equal 
to not less than--
            ``(1) 15 percent of the grant during the first year;
            ``(2) 25 percent of the grant during the first renewal 
        period;
            ``(3) 40 percent of the grant during the second renewal 
        period; and
            ``(4) 50 percent of the grant during the third renewal 
        period.
    ``(h) No Limitation on Section 204 Grants.--An entity that applies 
for a grant under section 204 is not prohibited from also applying for 
a grant under this section.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated $8,000,000 to the Attorney General for each of the fiscal 
years 2012 through 2015 to carry out this section.
    ``(j) GAO Evaluation.--Not later than 30 months after the date of 
the enactment of this Act, the Comptroller General of the United States 
shall submit a report to Congress that contains--
            ``(1) an evaluation of the impact of this section in aiding 
        minor victims of sex trafficking in the jurisdiction of the 
        entity receiving the grant; and
            ``(2) recommendations, if any, regarding any legislative or 
        administrative action the Comptroller General determines 
        appropriate.''.
    (b) Sunset Provision.--The amendment made by subsection (a) shall 
be effective during the 4-year period beginning on the date of the 
enactment of this Act.

SEC. 232. EXPANDING LOCAL LAW ENFORCEMENT GRANTS FOR INVESTIGATIONS AND 
              PROSECUTIONS OF TRAFFICKING.

    Section 204 of the Trafficking Victims Protection Reauthorization 
Act of 2005 (42 U.S.C. 14044c) is amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (A), by striking ``, which 
                involve United States citizens, or aliens admitted for 
                permanent residence, and'';
                    (B) by redesignating subparagraphs (B), (C), and 
                (D) as subparagraphs (C), (D), and (E), respectively; 
                and
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) to train law enforcement personnel how to 
                identify victims of severe forms of trafficking in 
                persons and related offenses;''; and
                    (D) in subparagraph (C), as redesignated, by 
                inserting ``and prioritize the investigations and 
                prosecutions of those cases involving minor victims'' 
                after ``sex acts'';
            (2) by redesignating subsection (d) as subsection (e);
            (3) by inserting after subsection (c) the following:
    ``(d) No Limitation on Section 202 Grant Applications.--An entity 
that applies for a grant under section 202 is not prohibited from also 
applying for a grant under this section.'';
            (4) in subsection (e), as redesignated, 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 
        through 2015''; and
            (5) by adding at the end the following:
    ``(f) GAO Evaluation and Report.--Not later than 30 months after 
the date of enactment of this Act, the Comptroller General of the 
United States shall conduct a study of and submit to Congress a report 
evaluating the impact of this section on--
            ``(1) the ability of law enforcement personnel to identify 
        victims of severe forms of trafficking in persons and 
        investigate and prosecute cases against offenders, including 
        offenders who engage in the purchasing of commercial sex acts 
        with a minor; and
            ``(2) recommendations, if any, regarding any legislative or 
        administrative action the Comptroller General determines 
        appropriate to improve the ability described in paragraph 
        (1).''.

SEC. 233. MODEL STATE CRIMINAL LAW PROTECTION FOR CHILD TRAFFICKING 
              VICTIMS AND SURVIVORS.

    Section 225(b) of the Trafficking Victims Reauthorization Act of 
2008 (22 U.S.C. 7101 note) is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following:
            ``(2) protects children exploited through prostitution by 
        including safe harbor provisions that--
                    ``(A) treat an individual under 18 years of age who 
                has been arrested for engaging in, or attempting to 
                engage in, a sexual act with another person in exchange 
                for monetary compensation as a victim of a severe form 
                of trafficking in persons;
                    ``(B) prohibit the charging or prosecution of an 
                individual described in subparagraph (A) for a 
                prostitution offense;
                    ``(C) require the referral of an individual 
                described in subparagraph (A) to appropriate service 
                providers, including comprehensive service or 
                community-based programs that provide assistance to 
                child victims of commercial sexual exploitation; and
                    ``(D) provide that an individual described in 
                subparagraph (A) shall not be required to prove fraud, 
                force, or coercion in order to receive the protections 
                described under this paragraph;''.

               TITLE III--AUTHORIZATION OF APPROPRIATIONS

SEC. 301. ADJUSTMENT OF AUTHORIZATION LEVELS FOR THE TRAFFICKING 
              VICTIMS PROTECTION ACT OF 2000.

    The Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et 
seq.) is amended--
            (1) in section 112A(b)(4) (22 U.S.C. 7109a(b)(4)), by 
        striking ``2008 through 2011'' and inserting ``2012 through 
        2015'';
            (2) in section 112B(d) (22 U.S.C. 7109b(d)), by striking 
        ``2008 through 2011'' and inserting ``2012 through 2015''; and
            (3) in section 113 (22 U.S.C. 7110)--
                    (A) subsection (a)--
                            (i) by striking ``2008 through 2011'' each 
                        place it appears and inserting ``2012 through 
                        2015''; and
                            (ii) by inserting ``, including regional 
                        trafficking in persons officers,'' after ``for 
                        additional personnel'';
                    (B) in subsection (b)--
                            (i) in paragraph (1), by striking 
                        ``$12,500,000 for each of the fiscal years 2008 
                        through 2011'' and inserting ``$14,500,000 for 
                        each of the fiscal years 2012 through 2015''; 
                        and
                            (ii) in paragraph (2), by striking ``to the 
                        Secretary of Health and Human Services'' and 
                        all that follows and inserting ``$7,000,000 to 
                        the Secretary of Health and Human Services for 
                        each of the fiscal years 2012 through 2015.'';
                    (C) in subsection (c)(1)--
                            (i) in subparagraph (A), by striking ``2008 
                        through 2011'' each place it appears and 
                        inserting ``2012 through 2015'';
                            (ii) in subparagraph (B)--
                                    (I) by striking ``$15,000,000 for 
                                fiscal year 2003 and $10,000,000 for 
                                each of the fiscal years 2008 through 
                                2011'' and inserting ``$10,000,000 for 
                                each of the fiscal years 2012 through 
                                2015''; and
                                    (II) by striking ``2008 through 
                                2011'' and inserting ``2012 through 
                                2015''; and
                            (iii) in subparagraph (C), by striking 
                        ``2008 through 2011'' and inserting ``2012 
                        through 2015'';
                    (D) in subsection (d)--
                            (i) by redesignating subparagraphs (A) 
                        through (C) as paragraphs (1) through (3), 
                        respectively;
                            (ii) in the paragraph (1), as redesignated, 
                        by striking ``$10,000,000 for each of the 
                        fiscal years 2008 through 2011'' and inserting 
                        ``$12,000,000 for each of the fiscal years 2012 
                        through 2015'';
                            (iii) in paragraph (2), as redesignated, by 
                        striking ``2008 through 2011'' and inserting 
                        ``2012 through 2015''; and
                            (iv) in paragraph (3), as redesignated, by 
                        striking ``to the Attorney General'' and all 
                        that follows and inserting ``$7,000,000 to the 
                        Attorney General for each of the fiscal years 
                        2012 through 2015.'';
                    (E) in subsection (e), by striking ``2008 through 
                2011'' each place it appears and inserting ``2012 
                through 2015'';
                    (F) in subsection (f), by striking ``2008 through 
                2011'' and inserting ``2012 through 2015'';
                    (G) in subsection (h), by striking ``2008 through 
                2011'' and inserting ``2012 through 2015''; and
                    (H) in subsection (i), by striking ``2008 through 
                2011'' and inserting ``2012 through 2015''.

SEC. 302. ADJUSTMENT OF AUTHORIZATION LEVELS FOR THE TRAFFICKING 
              VICTIMS PROTECTION REAUTHORIZATION ACT OF 2005.

    The Trafficking Victims Protection Reauthorization Act of 2005 
(Public Law 109-164) is amended--
            (1) by striking section 102(b)(7); and
            (2) in section 201(c), by striking ``2008 through 2011'' 
        each place it appears and inserting ``2012 through 2015''.

                 TITLE IV--UNACCOMPANIED ALIEN CHILDREN

SEC. 401. PROTECTION FOR MINORS SEEKING ASYLUM.

    (a) In General.--Section 208 of the Immigration and Nationality Act 
(8 U.S.C. 1158) is amended--
            (1) in subsection (a)(2), by amending subparagraph (E) to 
        read as follows:
                    ``(E) Applicability to minors.--Subparagraphs (A), 
                (B), and (C) shall not apply to an applicant who is 
                younger than 18 years of age on the earlier of--
                            ``(i) the date on which the asylum 
                        application is filed; or
                            ``(ii) the date on which any Notice to 
                        Appear is issued.''; and
            (2) in subsection (b)(3)(C), by striking ``an unaccompanied 
        alien child'' and all that follows and inserting the following: 
        ``an applicant who is younger than 18 years of age on the 
        earlier of--
                            ``(i) the date on which the asylum 
                        application is filed; or
                            ``(ii) the date on which any Notice to 
                        Appear is issued.''.
    (b) Reinstatement of Removal.--Section 241(a) of the Immigration 
and Nationality Act (8 U.S.C. 1231(a)) is amended--
            (1) in paragraph (5), by striking ``If the Attorney 
        General'' and inserting ``Except as provided in paragraph (8), 
        if the Secretary of Homeland Security''; and
            (2) by adding at the end the following:
            ``(8) Applicability of reinstatement of removal.--Paragraph 
        (5) shall not apply to an alien who has reentered the United 
        States illegally after having been removed or having departed 
        voluntarily, under an order of removal, if the alien was 
        younger than 18 years of age on the date on which the alien was 
        removed or departed voluntarily under an order of removal.''.

SEC. 402. APPROPRIATE CUSTODIAL SETTINGS FOR UNACCOMPANIED MINORS WHO 
              REACH THE AGE OF MAJORITY WHILE IN FEDERAL CUSTODY.

    Section 235(c)(2) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(2)) is 
amended--
            (1) by striking ``Subject to'' and inserting the following:
                    ``(A) Minors in department of health and human 
                services custody.--Subject to''; and
            (2) by adding at the end the following:
                    ``(B) Aliens transferred from department of health 
                and human services to department of homeland security 
                custody.--If a minor described in subparagraph (A) 
                reaches 18 years of age and is transferred to the 
                custody of the Secretary of Homeland Security, the 
                Secretary shall consider placement in the least 
                restrictive setting available after taking into account 
                the alien's danger to self, danger to the community, 
                and risk of flight. Such aliens shall be eligible to 
                participate in alternative to detention programs, 
                utilizing a continuum of alternatives based on the 
                alien's need for supervision, which may include 
                placement of the alien with an individual or an 
                organizational sponsor, or in a supervised group 
                home.''.

SEC. 403. APPOINTMENT OF CHILD ADVOCATES FOR UNACCOMPANIED MINORS.

    Section 235(c)(6) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(6)) is 
amended--
            (1) by striking ``The Secretary'' and inserting the 
        following:
                    ``(A) In general.--The Secretary''; and
            (2) by adding at the end the following:
                    ``(B) Appointment of child advocates.--
                            ``(i) Initial sites.--Not later than 2 
                        years after the date of the enactment of the 
                        Trafficking Victims Protection Reauthorization 
                        Act of 2011, the Secretary of Health and Human 
                        Services shall establish child advocate 
                        programs at 3 new immigration detention sites 
                        to provide independent child advocates for 
                        trafficking victims and vulnerable 
                        unaccompanied alien children.
                            ``(ii) Additional sites.--Not later than 3 
                        years after the date of the enactment of the 
                        Trafficking Victims Protection Reauthorization 
                        Act of 2011, the Secretary shall establish and 
                        implement child advocate programs at 
                        immigration detention sites at which more than 
                        50 children are held in immigration custody.
                            ``(iii) Selection of sites.--Sites at which 
                        child advocate programs will be established 
                        under this subparagraph shall be selected 
                        sequentially, with priority given to locations 
                        with--
                                    ``(I) the largest number of 
                                unaccompanied alien children; and
                                    ``(II) the most vulnerable 
                                populations of unaccompanied children.
                    ``(C) Annual report to congress.--Not later than 1 
                year after the date of the enactment of the Trafficking 
                Victims Protection Reauthorization Act of 2011, and 
                annually thereafter, the Secretary of Health and Human 
                Services shall submit a report describing the 
                activities undertaken by the Secretary to authorize the 
                appointment of independent Child Advocates for 
                trafficking victims and vulnerable unaccompanied alien 
                children to the Committee on the Judiciary of the 
                Senate and the Committee on the Judiciary of the House 
                of Representatives.
                    ``(D) Assessment of child advocate program.--
                            ``(i) In general.--As soon as practicable 
                        after the date of the enactment of the 
                        Trafficking Victims Protection Reauthorization 
                        Act of 2011, the Comptroller General of the 
                        United States shall conduct a study regarding 
                        the effectiveness of the Child Advocate Program 
                        operated by the Secretary of Health and Human 
                        Services.
                            ``(ii) Matters to be studied.--In the study 
                        required under clause (i), the Comptroller 
                        General shall collect information and analyze 
                        the following:
                                    ``(I) analyze the effectiveness of 
                                existing child advocate programs in 
                                improving outcomes for trafficking 
                                victims and other vulnerable 
                                unaccompanied alien children;
                                    ``(II) evaluate the implementation 
                                of child advocate programs in new sites 
                                pursuant to subparagraph (B);
                                    ``(III) evaluate the funds 
                                available to the Secretary of Health 
                                and Human Services and project the 
                                additional funds that would be needed 
                                to fully implement effective child 
                                advocate programs for all trafficking 
                                victims and other vulnerable 
                                unaccompanied children;
                                    ``(IV) evaluate the barriers to 
                                improving outcomes for trafficking 
                                victims and other vulnerable 
                                unaccompanied children; and
                                    ``(V) make recommendations on 
                                statutory changes to improve the Child 
                                Advocate Program in relation to the 
                                matters analyzed under subclauses (I) 
                                through (IV).
                            ``(iii) GAO report.--Not later than 3 years 
                        after the date of the enactment of this Act, 
                        the Comptroller General of the United States 
                        shall submit the results of the study required 
                        under this subparagraph to--
                                    ``(I) the Committee on the 
                                Judiciary of the Senate;
                                    ``(II) the Committee on Health, 
                                Education, Labor, and Pensions of the 
                                Senate;
                                    ``(III) the Committee on the 
                                Judiciary of the House of 
                                Representatives; and
                                    ``(IV) the Committee on Education 
                                and the Workforce of the House of 
                                Representatives.
                    ``(E) Authorization of appropriations.--There are 
                authorized to be appropriated to the Secretary and 
                Human Services to carry out this subsection--
                            ``(i) $1,000,000 for each of the fiscal 
                        years 2012 and 2013; and
                            ``(ii) $2,000,000 for each of the fiscal 
                        years 2014 and 2015.''.

SEC. 404. ACCESS TO FEDERAL FOSTER CARE AND UNACCOMPANIED REFUGEE MINOR 
              PROTECTIONS FOR CERTAIN U VISA RECIPIENTS.

    Section 235(d)(4) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(d)(4)) is 
amended--
            (1) in subparagraph (A),
                    (A) by striking ``either'';
                    (B) by striking ``or who'' and inserting a comma; 
                and
                    (C) by inserting ``, or has been granted status 
                under section 101(a)(15)(U) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(15)(U)),'' before ``, 
                shall be eligible''; and
            (2) in subparagraph (B), by inserting ``, or status under 
        section 101(a)(15)(U) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(15)(U)),'' after ``(8 U.S.C. 1101(a)(27)(J))''.

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

    (a) Study.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study examining the effectiveness of 
        screenings conducted by Department of Homeland Security 
        personnel in carrying out section 235(a)(4) of the William 
        Wilberforce Trafficking Victims Protection Reauthorization Act 
        of 2008 (8 U.S.C. 1232(a)(4)).
            (2) Study.--In carrying out paragraph (1), the Comptroller 
        General shall take into account the degree to which Department 
        of Homeland Security personnel are adequately ensuring that--
                    (A) all children are being screened to determine 
                whether they are described in section 235(a)(2)(A) of 
                the William Wilberforce Trafficking Victims Protection 
                Reauthorization Act;
                    (B) appropriate and reliable determinations are 
                being made about whether children are described in 
                section 235(a)(2)(A) of such Act;
                    (C) children are repatriated in an appropriate 
                manner, consistent with clauses (i) through (iii) of 
                section 235(a)(2)(C) of such Act;
                    (D) children are appropriately being permitted to 
                withdraw their applications for admission, in 
                accordance with section 235(a)(2)(B)(i) of such Act;
                    (E) children are being properly cared for while 
                they are in the custody of the Department of Homeland 
                Security and awaiting repatriation or transfer to the 
                custody of the Secretary of Health and Human Services; 
                and
                    (F) children are being transferred to the custody 
                of the Secretary of Health and Human Services in a 
                manner that is consistent with such Act.
            (3) Access to department of homeland security operations.--
                    (A) In general.--Except as provided in subparagraph 
                (B), for the purposes of conducting the study described 
                in subsection (a), the Secretary shall provide the 
                Comptroller General with unrestricted access to all 
                stages of screenings and other interactions between 
                Department of Homeland Security personnel and children 
                encountered by the Comptroller General.
                    (B) Exceptions.--The Secretary shall not permit 
                unrestricted access under subparagraph (A) if the 
                Secretary determines that the security of a particular 
                interaction would be threatened by such access.
    (b) Report to Congress.--Not later than 2 years after the date of 
the commencement of the study described in subsection (a), the 
Comptroller General of the United States shall submit a report to the 
Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives that contains the 
Commission's findings and recommendations.
                                 <all>