[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.''.
____________________