[Congressional Record Volume 157, Number 95 (Wednesday, June 29, 2011)]
[Senate]
[Pages S4227-S4235]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENT ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. LEAHY (for himself, Mr. Brown of Massachusetts, Mr. Kerry, 
        Mrs. Boxer, Mr. Cardin, and Mr. Wyden):
  S. 1301. A bill to authorize appropriations for fiscal years 2012 to 
2015 for the Trafficking Victims Protection Act of 2000, to enhance 
measures to combat trafficking in persons, and for other purposes; to 
the Committee on the Judiciary.

[[Page S4228]]

  Mr. LEAHY. Mr. President, today, I am proud to join with Senators 
Scott Brown, John Kerry, and others to introduce the Trafficking 
Victims Protection Reauthorization Act of 2011, which will reaffirm and 
expand our commitment to fighting human trafficking. Since it was first 
enacted with strong bipartisan support more than a decade ago, the 
Trafficking Victims Protection Act has played a central role in our 
country's efforts to combat human trafficking both abroad and at home.
  Championed by the late Senator Wellstone and Senator Brownback, the 
original Trafficking Victims Protection Act drew upon the work and 
support of a broad coalition of advocacy organizations from across the 
political and social spectrum groups dedicated to children's rights, 
human rights, and women's rights, as well as religious organizations 
including Evangelical, Catholic, Protestant, and Jewish groups. It was 
signed by President Clinton and reauthorized twice under President 
Bush. I am pleased that today we continue the tradition of bipartisan 
cooperation as we seek the fourth reauthorization of this critical law.
  Earlier this week, the State Department released its annual 
Trafficking in Persons Report, which documents the continuing 
significant human trafficking crisis worldwide. The report has received 
considerable attention, as The Washington Post editorialized yesterday, 
the United States has made significant strides on this issue, both 
through the Trafficking Victims Protection Act and through important 
initiatives from this administration. But much work remains to be done 
domestically and around the world.
  Human trafficking is a modern-day form of slavery, involving victims 
who are forced, defrauded, or coerced into labor or sexual 
exploitation. Millions of children, women, and men throughout the world 
are trafficked every year, including here in the United States. 
According to recent Government estimates, between 15,000 and 20,000 
people are trafficked to the United States annually for the purpose of 
labor and sexual exploitation. Thousands more of our own children are 
bought and sold in the commercial sex industry every year.
  It is no surprise that border states are at a particularly high risk 
for human trafficking. I am proud that my home state of Vermont is 
taking significant steps to address the issue. State legislators in 
Vermont recently passed a comprehensive anti-trafficking law that 
includes criminal penalties, prevention programs, and services for 
human trafficking victims. I commend the Vermont legislature for taking 
on this important issue.
  Trafficking is an affront to human dignity that we cannot ignore. The 
United States offers a beacon of hope to so many who face human rights 
abuses abroad, so we cannot sit back idly while this injustice 
continues not only elsewhere in the world, but also here at home. 
Thanks to the tools provided by the Trafficking Victims Protection Act, 
we have made progress in combating this major human rights abuse, but 
there is more work to be done.
  This reauthorization reflects Congress's ongoing commitment to 
abolishing human trafficking. It strengthens the government's ability 
to combat trafficking by expanding enforcement tools, and by 
encouraging further inter-agency cooperation to identify victims, 
investigate offenses, and provide victim services.
  Strengthening our response to human trafficking in the United States 
will help this country serve as a model for the world as we work with 
other nations to confront this complicated problem. An important tool 
in that international effort is the annual Trafficking in Persons 
Report established in the original Trafficking Victims Protection Act. 
That report has come to serve as an important diplomatic tool to 
encourage foreign governments to increase efforts against modern-day 
slavery. This legislation will require that the United States include 
itself in the report, a step already initiated by Secretary of State 
Clinton last year.
  Fighting human trafficking was a priority of the Bush administration, 
and the Obama administration is continuing that commitment. I applaud 
the hard work of Secretary of State Clinton, Attorney General Holder, 
Secretary of Labor Solis, and Secretary of Health and Human Services 
Sebelius to find new ways to work together to indentify and support 
victims of trafficking while bringing the full force of the United 
States down on those who seek to profit from the exploitation of 
others. Nowhere on Earth should it be acceptable to deceive, abuse, and 
force a person into a life of enslavement, least of all here in the 
United States. We must do all we can to end this scourge.
  I look forward to working with Senator Brown and Senator Kerry to 
continue the bipartisan work started by Senators Wellstone and 
Brownback more than a decade ago. I hope that Senators from both 
parties will join us to quickly pass this critical reauthorization.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1301

       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.

[[Page S4229]]

        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;

[[Page S4230]]

       ``(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 in-
     clude--'';
       (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--

[[Page S4231]]

       (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 
     eq.) 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

[[Page S4232]]

       (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

[[Page S4233]]

     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--

[[Page S4234]]

       (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.
                                 ______
                                 
      By Mr. KERRY:
  S. 1304. A bill to make funds available to reimburse certain 
fishermen for legal fees and costs incurred in connection with improper 
fines and for other purposes; to the Committee on Commerce, Science, 
and Transportation.
  Mr. KERRY. Mr. President, today, Federal regulations developed to 
limit fishing have forced some fishermen out of business and pushed 
many more to the brink. Too many Massachusetts fishermen are doing all 
they can every day to keep a roof over their head and to feed their 
families. They are extremely frustrated that the Department of Commerce 
has made a series of decisions that seem to make it more difficult for 
them to take care of their families.

[[Page S4235]]

  In May 2009, I sent a letter to Administrator Lubchenco requesting 
that NOAA investigate allegations of excessive penalties and 
retaliatory actions. These charges have been confirmed both by the 
Inspector General and by Special Master Swartwood appointed by 
Secretary Locke. This has led to NOAA personnel being reassigned and 
some fines being rescinded by Secretary Locke. There continues to be a 
justified distrust of the Federal Government by the fishermen, this 
relationship must be repaired and trust must be restored.
  I have been working in the Senate to make sure that our fishermen 
will be treated fairly by federal regulators.
  That is why today I am introducing the Fisheries Fee Fairness Act of 
2011. This legislation will give the Secretary of Commerce the option 
to take funds from the Asset Forfeiture Fund, AFF, and use them to 
reimburse the legal fees and costs incurred by fishermen and businesses 
whose fines were remitted by the Secretary of Commerce at the 
recommendation of Special Master Swartwood. Under my legislation, the 
Secretary of Commerce would have 90 days to determine whether to 
provide a reimbursement and the amount of the reimbursement and 
reimbursements would be capped at $200,000 per person or business. The 
Special Master is currently reviewing a second round of cases brought 
forth by fishermen who believed they were inappropriately penalized by 
NOAA enforcement agents. Under my legislation, the fishermen in this 
group will also qualify to have their legal fees and costs reimbursed 
if the Secretary of Commerce remits their fines.
  We have made progress in rebuilding the relationship between our 
fishermen and the Federal Government, but we still have a distance to 
travel. This legislation ensures our fishermen are made whole and can 
keep what they have earned, and those are principles I intend to keep 
fighting for. I ask all of my colleagues to support this important 
legislation.
                                 ______
                                 
      By Mr. McCONNELL (for himself, Mr. Hatch, Mr. Lee, Mr. Cornyn, 
        Mr. Kyl, Mr. Toomey, Ms. Snowe, Mr. Risch, Mr. Rubio, Mr. 
        DeMint, Mr. Paul, Mr. Vitter, Mr. Enzi, Mr. Kirk, Mr. Thune, 
        Mr. Alexander, Mr. Inhofe, Mr. Crapo, Mr. Burr, Mr. Barrasso, 
        Mr. Coburn, Mr. Moran, Mr. Lugar, Mrs. Hutchison, Mr. Isakson, 
        Mr. Brown of Massachusetts, Mr. Johnson of Wisconsin, Mr. 
        Graham, Mr. Grassley, Mr. Shelby, Mr. Sessions, Mr. McCain, Mr. 
        Boozman, Mr. Roberts, Ms. Collins, Mr. Hoeven, Mr. Chambliss, 
        Ms. Ayotte, Mr. Blunt, Mr. Coats, Mr. Cochran, Mr. Corker, Mr. 
        Johanns, Ms. Murkowski, Mr. Portman, Mr. Wicker, and Mr. 
        Heller):
  S.J. Res. 23. A joint resolution proposing an amendment to the 
Constitution of the United States relative to balancing the budget; 
read the first time.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the text 
of the joint resolution be printed in the Record.
  There being no objection, the text of the joint resolution was 
ordered to be printed in the Record, as follows:

                              S.J. Res. 23

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled   (two-thirds 
     of each House concurring therein), That the following article 
     is proposed as an amendment to the Constitution of the United 
     States, which shall be valid to all intents and purposes as 
     part of the Constitution when ratified by the legislatures of 
     three-fourths of the several States:

                              ``Article --

       ``Section 1. Total outlays for any fiscal year shall not 
     exceed total receipts for that fiscal year, unless two-thirds 
     of the duly chosen and sworn Members of each House of 
     Congress shall provide by law for a specific excess of 
     outlays over receipts by a roll call vote.
       ``Section 2. Total outlays for any fiscal year shall not 
     exceed 18 percent of the gross domestic product of the United 
     States for the calendar year ending before the beginning of 
     such fiscal year, unless two-thirds of the duly chosen and 
     sworn Members of each House of Congress shall provide by law 
     for a specific amount in excess of such 18 percent by a roll 
     call vote.
       ``Section 3. Prior to each fiscal year, the President shall 
     transmit to the Congress a proposed budget for the United 
     States Government for that fiscal year in which--
       ``(1) total outlays do not exceed total receipts; and
       ``(2) total outlays do not exceed 18 percent of the gross 
     domestic product of the United States for the calendar year 
     ending before the beginning of such fiscal year.
       ``Section 4. Any bill that imposes a new tax or increases 
     the statutory rate of any tax or the aggregate amount of 
     revenue may pass only by a two-thirds majority of the duly 
     chosen and sworn Members of each House of Congress by a roll 
     call vote. For the purpose of determining any increase in 
     revenue under this section, there shall be excluded any 
     increase resulting from the lowering of the statutory rate of 
     any tax.
       ``Section 5. The limit on the debt of the United States 
     shall not be increased, unless three-fifths of the duly 
     chosen and sworn Members of each House of Congress shall 
     provide for such an increase by a roll call vote.
       ``Section 6. The Congress may waive the provisions of 
     sections 1, 2, 3, and 5 of this article for any fiscal year 
     in which a declaration of war against a nation-state is in 
     effect and in which a majority of the duly chosen and sworn 
     Members of each House of Congress shall provide for a 
     specific excess by a roll call vote.
       ``Section 7. The Congress may waive the provisions of 
     sections 1, 2, 3, and 5 of this article in any fiscal year in 
     which the United States is engaged in a military conflict 
     that causes an imminent and serious military threat to 
     national security and is so declared by three-fifths of the 
     duly chosen and sworn Members of each House of Congress by a 
     roll call vote. Such suspension must identify and be limited 
     to the specific excess of outlays for that fiscal year made 
     necessary by the identified military conflict.
       ``Section 8. No court of the United States or of any State 
     shall order any increase in revenue to enforce this article.
       ``Section 9. Total receipts shall include all receipts of 
     the United States Government except those derived from 
     borrowing. Total outlays shall include all outlays of the 
     United States Government except those for repayment of debt 
     principal.
       ``Section 10. The Congress shall have power to enforce and 
     implement this article by appropriate legislation, which may 
     rely on estimates of outlays, receipts, and gross domestic 
     product.
       ``Section 11. This article shall take effect beginning with 
     the fifth fiscal year beginning after its ratification.''.

                          ____________________