[Senate Report 112-96]
[From the U.S. Government Publishing Office]
Calendar No. 193
112th Congress Report
SENATE
1st Session 112-96
======================================================================
TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2011
_______
November 17, 2011.--Ordered to be printed
_______
Mr. Leahy, from the Committee on the Judiciary,
submitted the following
R E P O R T
together with
ADDITIONAL AND MINORITY VIEWS
[To accompany S. 1301]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to which was referred the
bill (S. 1301), to authorize appropriations for fiscal years
2012 through 2015 for the Trafficking Victims Protection Act of
2000, to enhance measures to combat trafficking in persons, and
for other purposes, having considered the same, reports
favorably thereon, with an amendment, and recommends that the
bill, as amended, do pass.
CONTENTS
Page
I. Background and Purpose of the Trafficking Victims Protection
Reauthorization Act of 2011......................................2
II. History of the Bill and Committee Consideration..................9
III. Section-by-Section Summary of the Bill..........................10
IV. Congressional Budget Office Cost Estimate.......................18
V. Regulatory Impact Evaluation....................................18
VI. Conclusion......................................................18
VII. Additional and Minority Views...................................19
VIII.Changes to Existing Law Made by the Bill, as Reported...........35
I. Background and Purpose of the Trafficking Victims Protection
Reauthorization Act of 2011
Human trafficking is a modern-day form of slavery involving
victims who are forced, defrauded, or coerced into labor or
sexual exploitation. As documented in the State Department's
annual Trafficking in Persons Report for 2011, millions of
children, women, and men throughout the world continue to be
trafficked every year, including thousands of victims who are
present here in the United States. Traffickers use evolving
methods of coercion--whether subtle or overt, physical or
psychological--to force victims to work against their will.
In 2000, Congress passed the landmark, bipartisan
Trafficking Victims Protection Act (TVPA), which provided law
enforcement officials with tools to investigate and prosecute
incidents of human trafficking, established severe criminal
penalties for defendants convicted of trafficking crimes,
enhanced services for human trafficking victims, and expanded
prevention and education programs. Championed by the late
Senator Paul Wellstone and Senator Sam 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
many religious organizations. Each subsequent reauthorization
of the law--in 2003, 2005, and 2008--has been the product of
bipartisan support in Congress.
The success of the original Trafficking Victims Protection
Act, and its subsequent reauthorizations over the past decade,
is evident not only by the number of criminal convictions
secured against human traffickers but also by the number of
States that have passed comprehensive anti-trafficking laws.
According to a July 2011 study by the Polaris Project, 47
States and the District of Columbia have now passed human
trafficking criminal laws.\1\ Similarly, countries around the
world have followed the lead of the United States and adopted
laws and policies to combat human trafficking. Even with these
successes, the Committee believes more can and should be done.
---------------------------------------------------------------------------
\1\See http://www.polarisproject.org/what-we-do/policy-advocacy/
state-policy/current-laws.
---------------------------------------------------------------------------
The Trafficking Victims Protection Reauthorization Act of
2011 reaffirms and augments the United States' commitment to
fighting human trafficking. The bipartisan bill reported out of
Committee expands enforcement tools and encourages interagency
cooperation to identify victims, investigate offenses, and
provide victim services. The bill also requires that this
important work be done in a cost-effective way with maximum
accountability and reporting to ensure that Federal money is
being well spent. Despite the difficult cuts to authorization
levels, which were made with recognition of the Federal
Government's fiscal constraints, the reported bill maintains
the core of the Trafficking Victims Protection Act while adding
key provisions to strengthen and improve this law.
Among the most significant changes to the law are the
creation of new tools and authorities that will enable the
State Department to partner with the private sector and foreign
governments, as well as promote partnerships between foreign
governments and nongovernmental entities. These provisions of
the bill were drafted in consultation with the Committee on
Foreign Relations, and with the input of the Chairman, Senator
Kerry of Massachusetts, and its Ranking Member Senator, Senator
Lugar of Indiana.
Anti-trafficking efforts have historically focused on the
three ``P''s, which are prevention of the crime, prosecution of
the perpetrators, and protection of the trafficked persons.
Increased attention to a fourth ``P,'' partnership, will better
leverage available resources to end trafficking.
The legislation also expands the role that regional bureaus
of the State Department will play in anti-trafficking efforts.
Although the Office to Monitor and Combat Trafficking in
Persons (G/TIP) is the Department's lead on anti-trafficking
policies and programs, the regional bureaus are uniquely
situated to help develop country-specific anti-trafficking
strategies and goals with foreign government counterparts.
Increased collaboration between regional bureaus and G/TIP,
including the appointment of anti-trafficking officers in some
U.S. embassies as authorized by the legislation, will improve
communication with foreign government counterparts and
strengthen diplomatic efforts around trafficking. Although the
anti-trafficking officers will serve under Chief of Mission
authority, the Committee expects that G/TIP will provide
considerable input into their selection. The Committee also
expects that the G/TIP office will direct, guide, and
communicate with these officials regularly.
The bill also addresses trafficking crimes committed by
diplomats serving in other countries, including the United
States. Current law requires the Department of State, when
compiling the Trafficking in Person Report, to consider
``whether the government of the country vigorously
investigates, prosecutes, convicts, and sentences public
officials who participate in or facilitate severe forms of
trafficking in persons.''\2\ While the plain meaning of the
term ``public official'' includes diplomats representing the
country abroad, the State Department has interpreted it more
narrowly and has not included trafficking cases involving
diplomats in previous reports. The bill corrects this confusion
and explicitly requires reporting on trafficking by ``diplomats
and soldiers.''\3\ It is the Committee's expectation that
action taken by foreign governments, and the United States
Government, to respond to allegations of serious trafficking
offenses committed by foreign diplomats and military personnel
posted abroad will be included in the report in the future.
---------------------------------------------------------------------------
\2\22 U.S.C. Sec. 7106(b)(7).
\3\The Committee intends the term ``soldiers'' to include all
military personnel.
---------------------------------------------------------------------------
The bill also makes explicit that a government's failure to
appropriately address public allegations against public
officials, especially once such officials have returned to
their home countries, shall be considered inaction under the
criteria for determining whether the country is meeting minimum
standards for eliminating trafficking. Finally, the Committee
notes that the Secretary of State has not suspended the
issuance of visas to non-citizens seeking to work for officials
of a diplomatic mission or an international organization where
there are credible allegations of abuse and state or
institutional tolerance of those violations. Current law
requires the Secretary to suspend these visa programs under
such circumstances.\4\ The Committee will monitor credible
allegations of abuse and expects the Secretary to take actions
as required by law.
---------------------------------------------------------------------------
\4\8 U.S.C. Sec. 1375c(a)(2).
---------------------------------------------------------------------------
Notably, the legislation reduces authorization levels for
State Department programs, including for section 113(a) of the
Trafficking Victims Protection Act of 2000,\5\ which authorizes
funds for G/TIP. These reductions are not intended to signal a
shift in the Committee's priorities away from trafficking.
Rather, they reflect the fact that the State Department
receives anti-trafficking funds through the Foreign Assistance
Act instead of through this specific authorization. In the
decade since the TVPA's enactment in 2000, governments around
the world have made great strides in combating trafficking.
Much of that success may be attributed to the creation of G/TIP
and the annual Trafficking in Persons Report. This Committee
strongly supports the work of G/TIP and expects that it will
continue to receive funding from the general State Department
operating account at current or greater levels in order to
fulfill its mandate.
---------------------------------------------------------------------------
\5\22 U.S.C. Sec. 7110(a).
---------------------------------------------------------------------------
Other significant changes include targeted increases in
Federal funding for victim services provided by the Department
of Justice, the Department of Health and Human Services, and
their grantees. These services provide a lifeline to victims of
trafficking who often have no other means to obtain housing,
food, medical treatment, and counseling. In addition to meeting
the direct needs of victims, these services are a central
component in effective law enforcement efforts. As Principal
Deputy Assistant Attorney General Mary Lou Leary emphasized in
her testimony before the Committee, ``victims who receive
immediate physical, mental, and emotional support will be much
more able and willing to participate in the investigation and
prosecution of their traffickers.''\6\
---------------------------------------------------------------------------
\6\Testimony of Mary Lou Leary, ``The Trafficking Victims
Protection Reauthorization Act: Renewing the Commitment to Victims of
Human Trafficking,'' before the Senate Comm. on the Judiciary, 112th
Cong. (2011), available at http://judiciary.senate.gov/hearings/
hearing.cfm?id= 6344ca9cdcac94c57d1fa7ad3d740a6f.
---------------------------------------------------------------------------
This increase in funding also reflects that much of the
TVPA's success comes from a multidisciplinary response to human
trafficking. That approach encourages close partnerships among
victim service providers, State and local law enforcement, and
Federal law enforcement, including the Federal Bureau of
Investigation, U.S. Immigration and Customs Enforcement, U.S.
Customs and Border Protection, U.S. Citizenship and Immigration
Services, the Department of Labor, and Federal prosecutors.
These partnerships leverage scarce resources and ensure a
coordinated, multi-jurisdictional response. Although these
agencies work closely together, the TVPA and its
reauthorizations has also put into place structures to ensure
that they do not duplicate each other's work. For example, the
Senior Policy Operating Group (SPOG), established by statute in
2003, coordinates the work of multiple cabinet agencies to
ensure that anti-trafficking efforts are synchronized and that
projects avoid duplication.
The Office of Justice Programs (OJP) of the Department of
Justice has also put in place additional accountability
mechanisms to ensure that grant programs are effectively
administered. Although the views offered by Senator Grassley
and Senators Kyl, Sessions, Lee, and Coburn focus on a 2008
report by the Department of Justice Inspector General which
criticized various aspect of grant management by OJP, they do
not mention the Inspector General's subsequent 2011 report that
praises OJP for making significant improvements in monitoring
and oversight of grants. Most of those improvements have come
with the establishment of the Office of Audit, Assessment, and
Management (OAAM), which was created in 2005, but was not fully
staffed until 2009. The Inspector General found that since OAAM
began operating at capacity, OJP has ``made significant
improvements'' and ``developed a reasonable process for
providing monitoring to a high volume of grants, which have
allowed them to monitor grants totaling almost four times the
award amount required by law.''\7\
---------------------------------------------------------------------------
\7\U.S. Dep't of Justice, Office of the Inspector Gen., Semiannual
Report to Congress, Oct. 1, 2010-March 31, 2011, at 58.
---------------------------------------------------------------------------
To ensure that funding is efficiently and effectively
spent, the legislation also includes several accountability
measures for programs administered by the Department of
Justice. These provisions aim to ensure that grants are awarded
to proper recipients, that funds are used as intended to
benefit victims of trafficking, and that grants are properly
supervised and administered. Among the accountability measures
are annual audit requirements for a sample of grant recipients,
with consequences for those recipients found to have problems
that are not meaningfully addressed; a non-federal matching
requirement for all grantees; restrictions on investments, tax
status, and lobbying for grantees; and restrictions on
administrative expenditures and conferences for the Department
of Justice. These provisions were the product of detailed
negotiations and careful consideration. They were specifically
tailored to the needs and contours of the grant programs
authorized under this Act and administered by the Department of
Justice. They are intended to ensure that these particular
grant programs work as intended, and to improve accountability,
without excessively burdening grantees or preventing needed
services from reaching victims.
As to accountability, Senators Kyl, Sessions, Lee, and
Coburn assert that TVPA grants have been distributed based on
faulty priorities and have been poorly managed. In fact, grants
awarded pursuant to the TVPA have been effectively used to
assist victims and to prevent, prosecute, and deter trafficking
domestically and around the world. While the minority views
assert that the State Department has not tracked with any
precision large numbers of grants awarded, in fact the State
Department has tracked those grants comprehensively by project,
with grantees reporting on their work regularly. The State
Department was only able to give partial responses in the one
document cited by the minority views because that document
contained responses to questions that called for grants to be
classified in different ways than the ways the Department
tracks them. The State Department has documented that 90
percent of projects funded by G/TIP included a victim
protection component, 61 percent provided victim services, and
52 percent built the capacity of local law enforcement and
prosecutors to go after traffickers.\8\
---------------------------------------------------------------------------
\8\G/TIP Response to Senator Tom Coburn's October 2011 Report,
``Blind Faith: How Congress is Failing Trafficking Victims'', November
2011, at 2-3.
---------------------------------------------------------------------------
Some awards are also criticized as duplicative when in fact
they addressed related but distinct and separate needs.\9\ The
minority views, in criticizing spending on public awareness
campaigns, also ignore the need for any comprehensive anti-
trafficking strategy to include a prevention component, which
includes public awareness, in addition to victim services, in
order to reduce the number of victims going forward.
---------------------------------------------------------------------------
\9\Senators Kyl, Sessions, Lee, and Coburn cite grants to two
organizations helping to combat trafficking in Chad. One of these
grants, to Catholic Relief Services, focused on preventing trafficking
of children in three high-risk communities. The second, distinct and
complementary, grant to the International Organization for Migration
focused on preventing trafficking at the macro level by improving
government policy and the ability of non-governmental organizations to
protect and provide services to victims. See G/TIP Response to Senator
Coburn's Report, at 8. Similarly, two grants to the International
Organization for Migration for a case management database were awarded
because the initial grant proved very successful in leading to a tool
that helped both with provision of services and with research to inform
better policy choices. G/TIP awarded the second grant for expansion of
the project. Id. at 8-9.
---------------------------------------------------------------------------
Nonetheless, it is important that grant programs,
particularly those aimed at as important a problem as human
trafficking, operate as effectively as possible. To this end,
Chairman Leahy and Senator Grassley worked to address in the
reported version of the bill the kinds of concerns expressed by
Senators Kyl, Sessions, Lee, and Coburn. The reported bill
contains new provisions to try to ensure that funds awarded
under the TVPA translate to effective prevention, enforcement,
and victim services successfully contributing to combating the
scourge of human trafficking. The legislation as reported
includes significant new accountability measures covering all
TVPA grants administered by the Department of Justice. It
focuses funding on the most important initiatives while
eliminating or reducing funding for those that have been less
successful in the past.
The reported bill focuses on domestic trafficking. Spending
under the TVPA has been set up to ensure sufficient funding to
make significant strides in dealing with domestic trafficking,
while also acknowledging the need to address the massive scale
of global trafficking and the fact that much domestic
trafficking has roots in international trafficking rings. The
Committee recognizes the need to ensure that domestic
trafficking is sufficiently prioritized. For that reason, the
reported bill adjusts authorization levels to increase the
funds available for domestic trafficking victims relative to
international victims.\10\
---------------------------------------------------------------------------
\10\The Committee also reaffirms, as the Department of Justice has
already made clear, that TVPA funds can be used to provide services to
domestic trafficking victims.
---------------------------------------------------------------------------
The bill improves cooperation between law enforcement
agencies and victims. Current law allows the immediate family
members of a trafficking victim in the United States to receive
nonimmigrant status based on a fear of retaliation from the
traffickers. Principal Deputy Assistant Attorney General Leary
testified that this provision has proven helpful in stabilizing
victims and encouraging them to participate in the criminal
prosecution of their trafficker. ``Our prosecutors have found
that victims are better able to cooperate when their family
members are out of the reach of the trafficker,'' she said.\11\
The Department of Homeland Security shares this position and
provided the following example at the Committee's hearing:
---------------------------------------------------------------------------
\11\Testimony of Mary Lou Leary, ``The Trafficking Victims
Protection Reauthorization Act: Renewing the Commitment to Victims of
Human Trafficking,'' before the Senate Comm. on the Judiciary, 112th
Cong. (2011), available at http://judiciary.senate.gov/hearings/
hearing.cfm?id= 6344ca9cdcac94c57d1fa7ad3d740a6f.
In 2010, the Vermont Service Center successfully
approved a mother of a sex trafficking survivor based
on this new exception, and worked with the Department
of State to facilitate her entry into the United
States. The mother, who had received death threats by
one of her daughter's traffickers, was able to reunite
with her daughter and to testify at her daughter's
trial.''\12\
---------------------------------------------------------------------------
\12\Testimony of Kelly Ryan, ``The Trafficking Victims Protection
Reauthorization Act: Renewing the Commitment to Victims of Human
Trafficking,'' before the Senate Comm. on the Judiciary, 112th Cong.
(2011), available at http://judiciary.senate.gov/hearings/
hearing.cfm?id= 6344ca9cdcac94c57d1fa7ad3d740a6f.
This legislation modestly augments the list of eligible
relatives who may file as a derivative beneficiary of a ``T''
visa holder. Traffickers seek to control their victims by
threatening not just immediate family members, but also
grandchildren, step-children, nieces, and nephews. This
authorization responds by allowing certain family members to
apply to join the trafficking victim in the United States, but
only if those family members face a present danger of
retaliation in their home country by the traffickers. Family
members who do not face retaliation would not be eligible under
this modification.
The bill adds ``fraud in foreign labor contracting,'' as
defined by 18 U.S.C. Sec. 1351, to the list of crimes for which
victims may be eligible to apply for a ``U'' visa. Fraud in
foreign labor contracting is difficult to prosecute because
victims are often reluctant to come forward and report the
crime for fear of being deported. Including this crime as a
qualifying criminal activity for a ``U'' visa will encourage
greater reporting, victim cooperation, and prosecution of this
serious offense.
The bill also reduces authorization levels for
investigations by U.S. Immigration and Customs Enforcement
(ICE) of severe forms of trafficking in persons. This change is
not intended to signal a desire to reduce ICE's role in
fighting human trafficking. To the contrary, the Committee
believes that ICE, and the Department of Homeland Security as a
whole, play a critical role in identifying, investigating, and
prosecuting human trafficking cases. That work is done through
training with State and local law enforcement partners, victim
assistance efforts, and the wide dissemination of information
through public awareness campaigns in the United States and in
foreign countries with high levels of trafficking. The
reduction in authorized funding does not signal a shift in
congressional priorities. Rather, it reflects the fact that
ICE's anti-human trafficking efforts are funded by its annual
appropriations, and not through this specific authorization.
This legislation also amends the information required to be
included in the Attorney General's annual report regarding
Federal agencies' efforts to implement anti-human trafficking
measures. In particular, it adds a requirement to report on the
effectiveness of various immigration protections for victims of
human trafficking.
One of these immigration protections is Continued Presence
(CP). This is a temporary, revocable immigration status
provided to individuals identified by law enforcement as
victims of human trafficking. This status allows victims of
human trafficking to remain in the United States temporarily
during the ongoing investigation into the human trafficking-
related crimes committed against them.
According to guidelines established by the Department of
Homeland Security,\13\ CP applications should be submitted
immediately upon identification of a victim of human
trafficking. A law enforcement officer can make this
identification after receiving credible evidence that an alien
is a victim of human trafficking. That evidence may consist of
a credible victim statement alone.
---------------------------------------------------------------------------
\13\See Department of Homeland Security, ``Continued Presence:
Temporary Immigration Status for Victims of Human Trafficking'' (August
2010); see also, http://www.dhs.gov/files/programs/
gc_1284411607501.shtm.
---------------------------------------------------------------------------
Despite these widely circulated guidelines, the number of
CP applications that have been granted has declined in recent
years and is disproportionately small compared to the estimated
number of human trafficking victims present in the United
States. According to the 2011 State Department's Trafficking in
Persons Report, only 186 individuals received Continued
Presence in 2010. This was a significant drop from 2009, when
299 individuals received this temporary protection. This
decline is troubling, especially in light of the benefits to
law enforcement that accrue through CP. The Committee will
closely monitor how CP requests are handled in the future and
whether the low number of CP grants can be attributed to
policy, practice, or some other reason.\14\
---------------------------------------------------------------------------
\14\Contrary to the implication in the Additional Views from
Senator Grassley, the Committee Report does not suggest that S. 1301
modifies the legal standard for Continued Presence (CP), nor does the
Report suggest that law enforcement officials ``do not know how to do
their jobs and that Congress and advocates know better.'' See
Additional Views from Senator Grassley, at 23. Rather, the Report
articulates the intent of Congress in establishing CP and restates the
Department of Homeland Security's implementation guidelines for CP. The
discussion of CP above concludes with the Committee's intention to
fulfill its oversight obligations with regard to implementation of the
statute. In addition, the comments regarding CP are directly related to
the new requirement in section 221 of the bill that the Attorney
General report on ``the number of persons who have been granted
continued presence . . . and any efforts being taken to reduce the
adjudication and processing time.''
---------------------------------------------------------------------------
The bill includes protections related to unaccompanied
immigrant minors. It builds on the successful ``Child Advocate
Program,'' which protects child trafficking victims and other
children with protection-based claims. The bill also ensures
that children who reach the age of maturity while in
immigration custody are screened for vulnerabilities prior to
being transferred to adult immigration detention. The bill
offers a limited level of assistance to minors who were
formerly considered unaccompanied minors, but later granted
``U'' visas because they were victims of crime who assisted law
enforcement. The low cost of these programs are offset by the
much greater reduction in authorizations contained in the bill.
Other significant changes in this reauthorization include
additional law enforcement tools and resources to fight human
trafficking crimes. For example, child exploitation laws under
18 U.S.C. Sec. 2423 are strengthened to hold criminally liable
those U.S. citizens and lawful permanent residents residing
outside of the United States who engage in illicit sexual
conduct with a minor. Current law only reaches U.S. citizens
and lawful permanent residents who travel abroad in foreign
commerce.
The bill adds a new misdemeanor provision as 18 U.S.C.
Sec. 1597, which criminalizes the unlawful confiscation or
destruction of a person's immigration documents in order to
maintain or restrict the labor or services of that person. An
analogous felony is found in 18 U.S.C. Sec. 1592, which
addresses similar conduct committed in the course of violating
specified human trafficking crimes. And the bill expands the
definition of a ``racketeering activity'' for the Racketeer
Influenced Corrupt Organizations Act,\15\ to include fraud in
foreign labor contracting, pursuant to 18 U.S.C. Sec. 1351.
---------------------------------------------------------------------------
\15\18 U.S.C. Sec. 1961.
---------------------------------------------------------------------------
The legislation continues to authorize the Attorney General
to make grants pursuant to 42 U.S.C. Sec. 14044c to State and
local law enforcement agencies, and expands the scope to
include training and resources to investigate all forms of
severe human trafficking, whether sex or labor trafficking, and
whether experienced by foreign or domestic, minor or adult
victims.
The bill does not reauthorize specific funds for the FBI.
That change is not intended to signal a desire to reduce the
FBI's role in fighting human trafficking. Rather, it reflects
the fact that the FBI's anti-human trafficking efforts are
funded by its annual appropriations for salaries and expenses,
and not through this specific authorization. This Committee
strongly supports the critical role the FBI plays in
investigating and prosecuting human trafficking cases and
expects that it will receive the funding necessary to combat
these horrible crimes.
II. History of the Bill and Committee Consideration
A. INTRODUCTION OF THE BILL
The Trafficking Victims Protection Reauthorization Act of
2011 was introduced as S. 1301 on June 29, 2011, by Senators
Leahy, Kerry, Brown of Massachusetts, Boxer, Cardin and Wyden.
The bill was referred to the Committee on the Judiciary. Since
the bill's introduction, Senators Akaka, Brown of Ohio, Burr,
Casey, Cochran, Coons, Durbin, Feinstein, Franken, Gillibrand,
Hagen, Heller, Isakson, Klobuchar, Landrieu, Merkley, Mikulski,
Nelson of Florida, Portman, Rubio, Schumer, Stabenow, Tester,
and Udall of Colorado have joined as cosponsors.
B. COMMITTEE CONSIDERATION
1. Hearings
The Senate Committee on the Judiciary held a hearing
titled, ``The Trafficking Victims Protection Reauthorization
Act: Renewing the Commitment to Victims of Human Trafficking,''
on September 14, 2011. The witnesses at the hearing were Mary
Lou Leary, Principal Deputy Assistant Attorney General for the
Office of Justice Programs of the Department of Justice; Luis
CdeBaca, Ambassador-at-Large for the Office to Monitor and
Combat Trafficking in Persons of the Department of State; and
Kelly Ryan, Acting Deputy Assistant Secretary for Immigration
and Border Security of the Department of Homeland Security. The
witness testimony is available at http://
www.judiciary.senate.gov/hearings/hearing.cfm?id=
6344ca9cdcac94c57d1fa7ad3d740a6f.
2. Executive Business Meetings
The bill was placed on the Committee's agenda for
consideration on October 2, 2011. It was held over on that
date.
On October 13, 2011, the Committee on the Judiciary
considered S. 1301. Chairman Leahy offered a Leahy-Grassley
substitute amendment to the bill. The amendment was adopted by
unanimous consent.
Senator Cornyn offered an amendment to strike sections of
the bill relating to pilot programs for domestic minor sex
trafficking and replace them with the text of the Domestic
Minor Sex Trafficking Deterrence and Victims Support Act of
2010. The amendment was rejected by a roll call vote.
The vote record is as follows:
Tally: 7 Yeas, 11 Nays
Yeas (7): Hatch (R-UT), Kyl (R-AZ), Sessions (R-AL), Graham
(R-SC), Cornyn (R-TX), Lee (R-UT), Coburn (R-OK).
Nays (11): Kohl (D-WI), Feinstein (D-CA), Schumer (D-NY),
Durbin (D-IL), Whitehouse (D-RI), Klobuchar (D-MN), Franken (D-
MN), Coons (D-DE), Blumenthal (D-CT), Grassley (R-IA), Leahy
(D-VT).
Senator Blumenthal offered an amendment to require enhanced
reporting by the Department of Defense of trafficking in
persons claims and violations, including claims and violations
by contractors. The amendment was accepted by a voice vote.
The Committee then voted to report S. 1301, the Trafficking
Victims Protection Reauthorization Act, as amended, favorably
to the Senate. The Committee proceeded by roll call vote as
follows:
Tally: 12 Yeas, 6 Nays
Yeas (12): Kohl (D-WI), Feinstein (D-CA), Schumer (D-NY),
Durbin (D-IL), Whitehouse (D-RI), Klobuchar (D-MN), Franken (D-
MN), Coons (D-DE), Blumenthal (D-CT), Grassley (R-IA), Hatch
(R-UT), Leahy (D-VT).
Nays (6): Kyl (R-AZ), Sessions (R-AL), Graham (R-SC),
Cornyn (R-TX), Lee (R-UT), Coburn (R-OK).
III. Section-by-Section Summary of the Bill
TITLE I--COMBATING INTERNATIONAL TRAFFICKING IN PERSONS
Sec. 101. Regional strategies for combating trafficking in persons
This section requires regional bureaus of the Department of
State to work in conjunction with the Office to Monitor and
Combat Trafficking in Persons to formulate bilateral anti-
trafficking goals and objectives. This section aims to ensure
that communication with foreign government counterparts on
trafficking occurs early in the reporting period and often,
that the process is used to increase diplomacy with foreign
governments on the issue, and that a uniform practice across
bureaus and embassies is established.
Sec. 102. Regional Anti-Trafficking officers
This section authorizes the appointment of anti-trafficking
officers based out of U.S. embassies to cover regions where
human trafficking is most prevalent and foreign governmental
efforts insufficient.
Sec. 103. Partnerships against significant trafficking in persons
This section re-orders existing language from sections 105
and 106 of the Trafficking Victims Protection Act of 2000 on
``partnerships'' and provides new tools and authorities for the
Department of State to cooperate with the private sector, civil
society, and foreign governments to combat human trafficking.
It also promotes partnerships between foreign governments and
non-governmental entities, and further authorizes the Secretary
of State to establish an emergency fund to assist foreign
governments in meeting unexpected, urgent needs related to
human trafficking. Finally, it authorizes new cooperative
funding mechanisms for technical assistance to foreign
governments through ``Child Protection Compacts'' with selected
eligible countries. S. 1301 does not increase authorization
levels for this mechanism, but the Committee intends that the
mechanism be used to partner with foreign governments toward
transparent and measurable objectives.
Sec. 104. Protection and assistance for victims of trafficking
This section requires an annual Congressional briefing on
State Department and United States Agency for International
Development efforts to promote regional inter-governmental
cooperation regarding victim protection and assistance, as well
as criminal investigations and prosecutions.
Sec. 105. Minimum standards for the elimination of trafficking
This section amends the current minimum standards by which
the Department of State measures efforts to eliminate human
trafficking by including criteria relating to: (1) preventing
human trafficking by nationals deployed in diplomatic missions
alongside peacekeeping missions; (2) emphasizing the need for
governments to have a transparent system for appropriately
addressing a public official's involvement in human
trafficking; (3) increasing inter-governmental cooperation and
partnerships on a bilateral, multilateral, or regional basis,
and with civil society; and (4) regulating foreign labor
recruiters and criminalizing fraudulent recruiting.
Sec. 106. Best practices in trafficking in persons eradication
This section codifies the State Department's established
practice of submitting a comprehensive annual report to
Congress on governmental efforts to fight human trafficking,
also known as the Trafficking in Persons Report. The Committee
intends that the Department continue its practice of including
the United States in the annual report. This section also
codifies the State Department's existing practice of publishing
on its website the rationale for any exercise of waiver
authority under the category of ``Countries on the Special
Watch List for 2 Consecutive Years.'' This section also
recommends consistency in the Department's inclusion of a
section in the annual report highlighting exemplary governments
and practices in the eradication of human trafficking.
This section also creates a new mechanism whereby countries
selected for the ``Tier 2'' category that have made exemplary
progress within this category will be mentioned as such. Wide
disparity exists between the achievements of governments
selected for Tier 2, and this section provides the Department
of State with tools to mention high performing Tier 2
countries, not simply those whose efforts have been notably
weak and, consequently, selected for ``Tier 2 Watch List.''
While such governments progress may not merit inclusion in the
``Tier 1'' category, the Committee believes it may be
beneficial to recognize strong ``Tier 2'' governments in order
to encourage them to continue investing in successful anti-
trafficking efforts.
Lastly, this section removes the authorization for the
Secretary to produce and publish ``interim reports''in order to
reduce unnecessary or inefficient reporting.
Sec. 107. Protections for domestic workers and other non-immigrants
This section calls for the creation of an informative video
for consular waiting rooms in countries with a high
concentration of non-immigrant visa applications in addition to
already existing pamphlets. While innovative implementation of
this section is welcome, the requirement only applies to
consular waiting rooms that currently have video capabilities
and could be satisfied with a basic video with voiceovers
dubbed in the appropriate language.
Sec. 108. Prevention of child trafficking through child marriage
This section requires the Secretary of State, in
consultation with the Administrator of the United States Agency
for International Development and relevant offices and bureaus,
to formulate and distribute guidance to prevent child marriage
and promote the empowerment of girls at risk of child marriage
in developing countries. It also requires the annual State
Department Country Reports on Human Rights Practices to include
reporting on child marriage.
Sec. 109. Child soldiers
This section amends the prohibition on certain funds as
established per Section 404(a) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 by
adding Peacekeeping Operations funds to existing limitations on
providing U.S. security assistance to countries known to use
child soldiers. The provision includes a Presidential waiver
and exceptions for efforts to professionalize forces and reduce
the use of child soldiers within militaries in question.
Sec. 110. Presidential award for technological innovations in
trafficking in persons eradication
This section adds ``technological innovation'' to the bases
upon which the President may select an honoree for the
``Presidential Award for Extraordinary Efforts to Combat
Trafficking in Persons.''
Sec. 111. Contracting requirements
This section helps to prevent labor and sex trafficking by
government contractors and subcontractors. It expands an
existing provision under the TVPA to require the government to
include a condition in every contract, grant, or cooperative
agreement that authorizes the Federal department or agency to
terminate a contract if the contractor or subcontractor engages
in acts related to trafficking, has procured a commercial sex
act, or uses forced labor in the performance of the grant,
contract, or cooperative agreement. The Committee recommends
that all Federal departments or agencies apply these conditions
when negotiating agreements with Non-Appropriated Funding
Instrumentalities and Military Morale, Welfare, and Recreation
Programs including the Army Air Force Exchange (AAFES) and Navy
Exchange.
This section specifically authorizes contract termination
in a number of instances, including if an employer destroys or
removes an employee's immigration documents without the
employee's consent, or fails to assist with repatriation of the
employee after the end of employment. This provision is not
intended to supplant existing requirements that place full
responsibility for employee repatriation on the employer. It
also authorizes contract termination if the employer places the
recruited employee in a location or work placement different
from that promised when the employee is recruited. This
provision is intended to both prevent employers from
misrepresenting location and occupation information during
employee recruitment and to prevent employers from economically
coercing recruited individuals to consent to a change in
location or occupation after the employee has left his or her
host country. This section also authorizes termination of a
contract upon the charging of placement fees equal to or
greater than the annual salary or half the employee's total
anticipated pay, whichever is less. The Committee recognizes
that other excessive or exorbitant placement fees may be
grounds for contract termination and did not intend to relieve
contractors from compliance with host country laws or contract
representations and certifications. Finally, the section
authorizes termination for any other activities that support or
promote trafficking in persons, the procurement of commercial
sex, or forced labor in order to give contracting officers
greater latitude to terminate a contract for reasons not
specifically listed in subsections A-D.
This section also requires contractors to create a
compliance plan to prevent activities related to trafficking in
persons, procurement of commercial sex, or forced labor, and to
certify upon due diligence that neither the contractor nor any
subcontractors are engaged in such activities. Upon the receipt
of credible reports of noncompliance, the contracting officer
is authorized, depending on the extent of the violation, to
attempt to resolve the noncompliance, modify the existing
agreement, decline to renew the agreement, or terminate the
agreement. Credible reports include, but are not limited to,
reports from a contracting officer representative, an inspector
general, an auditor, or any other official source, which may
include a victim of trafficking.
Sec. 112. Department of Defense reporting of trafficking in persons
claims and violations
This section requires the Department of Defense to make
public information on all known trafficking cases through the
annual report to Congress of the Interagency Task Force to
Monitor and Combat Trafficking.
TITLE II--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES
Subtitle A--Penalties Against Traffickers and Other Crimes
Sec. 201. Criminal trafficking offenses
This section modifies criminal law provisions that address
trafficking in persons. First, under the Racketeer Influenced
Corrupt Organizations Act (18 U.S.C. Sec. 1961), the definition
of a ``racketeering activity'' is expanded to include fraud in
foreign labor contracting, pursuant to 18 U.S.C. Sec. 1351.
Second, child exploitation laws under 18 U.S.C. Sec. 2423
are strengthened to hold criminally liable those U.S. citizens
and lawful permanent residents residing outside of the United
States who engage in illicit sexual conduct with a minor.
Current law only reaches U.S. citizens and lawful permanent
residents who travel abroad in foreign commerce.
Third, a new misdemeanor provision is added as 18 U.S.C.
Sec. 1597, which criminalizes the unlawful confiscation or
destruction of a person's immigration documents in order to
maintain or restrict the labor or services of that person. An
analogous felony is found in 18 U.S.C. Sec. 1592, which
addresses similar conduct committed in the course of violating
or with intent to violate specified human trafficking crimes.
Sec. 202. Civil remedies, clarifying definition
This section expands civil remedies available to minor
victims under 18 U.S.C. Sec. 2255. Current law allows minor
victims to file suit for damages if the minor was a victim of a
sexual abuse or exploitation crime as defined in chapters 109A
and 110 of Title 18. The amended section allows minors who were
victims of a severe form of trafficking in persons to recover
civil damages under this section. It also increases the civil
statute of limitations for all minors who file suit under 18
U.S.C. Sec. 2255 from six years to ten years. Additionally, the
existing criminal law definition of ``abuse or threatened abuse
of law or legal process'' from 18 U.S.C. Sec. Sec. 1589 and
1591 is added to the general definitions of the Trafficking
Victims Protection Act of 2000.
Subtitle B--Ensuring Availability of Possible Witnesses and Informants
Sec. 211. Protections for threatened family members of trafficking
victims
This section modestly augments the list of eligible
relatives who may file as a derivative beneficiary of a ``T''
visa holder. The section would allow children of certain
derivative family members to apply to join the trafficking
victim in the United States, but only if those children face a
present danger of retaliation in their home country by the
traffickers. Children of derivative family members who do not
face retaliation would not be eligible.
Sec. 212. Encouraging victims of fraud in foreign labor contracting to
assist law enforcement
This section adds ``fraud in foreign labor contracting,''
as defined by 18 U.S.C. Sec. 1351, to the list of crimes of
which victims may be eligible to apply for a ``U'' visa. (See
INA Sec. 101(a)(15)(U); 8 U.S.C. Sec. 1101(a)(15)(U). ``U''
visa recipients must show that they are victims of a qualifying
criminal activity, have suffered substantial physical or mental
abuse as a result of that crime, and are willing to assist law
enforcement or other government officials in the investigation
or prosecution of the crime. ``U'' visa recipients are not
eligible for any Federal benefits. Fraud in foreign labor
contracting is difficult to prosecute because victims are often
reluctant to come forward and report the crime for fear of
being deported. Including this crime as a qualifying criminal
activity for a ``U'' visa will encourage greater reporting and
prosecution of this offense.
Subtitle C--Ensuring Inter-Agency Coordination and Expanded Reporting
Sec. 221. Reporting requirements by the Attorney General
Under current law, the Attorney General is required to
submit an annual report to Congress detailing efforts by
Federal agencies to implement the Trafficking Victims
Protection Act. In order to more accurately determine the
effectiveness of those efforts, this section requires the
Attorney General to also report on how efficiently ``T'' and
``U'' visas are processed, efforts to train State, Tribal, and
local law enforcement on investigating human trafficking
crimes, and how Federal programs meet the needs of minor
victims of trafficking who are U.S. citizens or lawful
permanent residents.
Sec. 222. Reporting requirements by the Secretary of Labor
TVPRA 2005 required the Department of Labor to monitor and
make efforts to combat forced and child labor in foreign
countries, including making public a list of foreign goods
produced by forced or child labor. This section requires the
Secretary of Labor to provide that list to Congress biannually.
Sec. 223. Information sharing to combat child labor and slave labor
In order to assist the Department of Labor in compiling the
list of goods produced by forced or child labor referenced in
section 223 (above), this section directs the Department of
State to provide relevant information to the Department of
Labor.
Sec. 224. Government training efforts to include the Department of
Labor
This section expands the number of agencies required to be
trained in indentifying victims of a severe form of trafficking
to include certain personnel from the Department of Labor.
Sec. 225. GAO report on the use of foreign labor contractors
To ensure that foreign workers contracted to work in or for
the United States do not suffer abuses or are not fraudulently
recruited by third-party brokers or subcontractors, this
section directs the GAO to issue a report investigating whether
any such foreign workers were subjected to abuse or
trafficking. The report would analyze the current contracting
system and make recommendations to Federal agencies to rectify
any known abuses.
Sec. 226. Oversight of Department of Justice Grant Program
This section adds a number of audits and oversight
requirements on grants awarded by the Department of Justice
(DOJ). It adds caps on administrative expenses and matching
requirements for DOJ grants. It limits conference expenditures
and prohibits lobbying from being conducted with government
funds, among other measures.
Subtitle D--Enhancing State and Local Efforts to Combat Trafficking in
Persons
Sec. 231. Assistance for domestic minor sex trafficking victims
This section replaces a services grant program with a block
grant program administered by the Department of Justice to four
localities that have demonstrated a comprehensive approach in
addressing sex trafficking of minors, including cooperation
between law enforcement and social service providers. The
localities may distribute the grants to entities that provide,
among other things, residential care, emergency social
services, and mental health counseling. The authorized
appropriations do not change. Additionally, this section saves
$5,000,000 by not reauthorizing a pilot program under the
Department of Health and Human Services.
Sec. 232. Expanding local law enforcement grants for investigations and
prosecutions of sex trafficking
Under current law, 42 U.S.C. Sec. 14044c authorizes the
Attorney General to make grants to State and local law
enforcement agencies to provide training and resources to
investigate trafficking in persons. This section requires the
provision to focus on all forms of severe human trafficking. In
an effort to attack the demand side of sex trafficking, it also
encourages efforts to prosecute individuals who purchase
commercial sex acts from minors, along with the traffickers.
This section also includes a mandate for GAO to evaluate the
program and reduces authorization levels by $10,000,000.
Sec. 233. Model state law protection for child trafficking victims and
survivors
This section amends Section 225(b) of the Trafficking
Victims Protection Reauthorization Act of 2008 to encourage the
Attorney General to develop model code language for States that
would treat children exploited through prostitution as victims,
not criminals.
TITLE III--AUTHORIZATIONS OF APPROPRIATIONS
Sec. 301. Adjust authorization levels of provision of the Trafficking
Victims Protection Act of 2000
This section details the changes to the authorization of
appropriations that were originally enacted by the Trafficking
Victims Protection Act of 2000. Overall, S. 1301 reduces
authorization levels by more than $60 million annually compared
to the Trafficking Victims Protection Reauthorization Act of
2008. In this section, the authorization levels for the
Departments of State, Homeland Security, and Labor, as well as
the Federal Bureau of Investigation, have been reduced. At the
same time, authorization of appropriations for victim benefits
and services administered by the Department of Health and Human
Services and by the Department of Justice are increased by
$3,000,000 and $5,000,000 respectively. Authorizations for
additional personnel and reception expenses have been removed.
Sec. 302. Adjust authorization levels of provisions of the Trafficking
Victims Protection Reauthorization Act of 2005
The appropriations listed in this section reduce previously
authorized levels of funding for conferences and a pilot
program of the U.S. Agency for International Development.
TITLE IV--UNACCOMPANIED ALIEN CHILDREN
Sec. 401. Appropriate custodial settings for unaccompanied minors who
reach the age of majority while in Federal custody
This section modifies Section 235(c)(2) of the TVPRA 2008
to address the situation of unaccompanied minors in the custody
of the Office of Refugee Resettlement who reach the age of 18
prior to resolution of their immigration case. Such persons are
typically transferred to adult immigration detention under the
authority of U.S. Immigration and Customs Enforcement (ICE).
This section requires the Secretary to consider placement of
the individual in the least restrictive setting available after
taking into consideration the individual's danger to self,
danger to the community, and risk of flight. The Secretary
would retain discretion to place an immigrant in a detention
facility if deemed necessary for public safety.
Sec. 402. Appointment of child advocates for unaccompanied minors
This section would expand the successful Child Advocate
program that was established as a pilot program in 2003. Child
Advocates are independent actors who assist trafficking victims
and other vulnerable immigrant children by ensuring immediate
and long-term welfare and access to protection, consistent with
the child's best interests. This section would expand the
current Child Advocate program from its current operations (a
program in Chicago, IL, and limited offerings in Harlingen, TX)
to three additional locations within the next two years, with
locations selected based on the greatest need. Within four
years, the program can be expanded to an additional three
sites. This section requires reporting to Congress by the
Secretary of Health and Human Services and a GAO study on the
effectiveness of the Child Advocate program. This section
authorizes $1,000,000 per year for each of the first two years
of the reauthorization and $2,000,000 for each of years three
and four of the reauthorization. To ensure effective management
of Federal funds, this section imposes a cap of 10% on
administrative expenses and also requires the Child Advocate
program to match the Federal funds received at a rate of 25%.
Sec. 403. Access to Federal foster care and unaccompanied refugee minor
protections for certain U visa recipients
Under current law, when an unaccompanied immigrant minor
who was also a victim of crime is awarded a ``U'' visa, that
minor loses eligibility for certain benefits available to
children who are considered unaccompanied minors under law. No
benefits attach to ``U'' visa status. This section would make
``U'' visa recipients who are minors and who were formerly
considered unaccompanied minors eligible for Federal foster
care and certain benefits available to refugee minors. This
provision would not apply to all ``U'' visa recipients who
happen to be minors, but only to the small number of minor
victims who were formerly deemed unaccompanied under law.
Sec. 404. Study of the effectiveness of border screenings under section
235(a)(4) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008
This section requires GAO to conduct a study on the
implementation of provisions of TVPRA 2008 with regard to
Department of Homeland Security (DHS) screening of children.
For example, GAO will assess whether DHS personnel are
adequately screening children to determine whether they may be
victims of trafficking or persecution. GAO will also assess
whether children are properly cared for while in the custody of
the DHS and repatriated in an appropriate manner.
IV. Congressional Budget Office Cost Estimate
The cost estimate provided by the Congressional Budget
Office pursuant to section 402 of the Congressional Budget Act
of 1974 was not available for inclusion in this report. The
estimate will be printed in either a supplemental report or the
Congressional Record when it is available.
V. Regulatory Impact Evaluation
In compliance with rule XXVI of the Standing Rules of the
Senate, the Committee finds that no significant regulatory
impact will result from the enactment of S. 1301.
VI. Conclusion
Much progress has been made since the Trafficking Victims
Protection Act was signed into law in 2000 to combat the
scourge of human trafficking in the United States and around
the world. Nonetheless, millions of people worldwide continue
to be victimized by this modern form of slavery. The
Trafficking Victims Protection Reauthorization Act of 2011
reaffirms our country's commitment to fight modern day slavery
and exploitation. It continues and strengthens programs that
are working well and gives law enforcement additional tools to
target trafficking. It also reduces authorization levels and
builds in accountability measures to ensure that scarce Federal
funds are being well spent. The Committee believes that
Congress should come together, as it has done several times
before with overwhelming support, to make progress in the fight
against trafficking and pass this important legislation.
VII. Additional and Minority Views
----------
ADDITIONAL VIEWS FROM SENATOR GRASSLEY
Federal government efforts to combat human trafficking are
worthy and appropriate. Human trafficking is a terrible crime
and those who commit this crime must be prosecuted to the
fullest extent of the law. In addressing this topic, Congress
passed and President Clinton signed into law the Trafficking
Victims Protection Act (TVPA) in 2000. The original TVPA, and
the subsequent reauthorizations, have all recognized the
horrific nature of these crimes and have received significant
bi-partisan support. In this vein, I worked hard to negotiate a
bi-partisan compromise with the Chairman to ensure that this
important law is reauthorized. The final version of S. 1301
contains a number of changes that I requested and believe
strengthen the program while recognizing the difficult
financial times the Country faces. These changes help to reduce
unnecessary and duplicative expenditures, consolidate funding
streams to mirror actual appropriations, and ensure that there
is accountability and oversight of grant recipients. Together,
these changes will help to ensure the sustainability of funding
for prevention of human trafficking.
While I support the final version of the bill, I have some
concerns with the interpretations of it as articulated by the
Committee report. These additional views represent my
understanding of the final compromise reached between the
Chairman and myself and offer further details on important
provisions I worked to include as part of the final compromise.
Concerns with human trafficking statistics
More than ten years after the passage of TVPA, there is
still no reliable information about the scope of this criminal
activity. In an audit released in 2006, the Government
Accountability Office (GAO) stated, ``The U.S. government has
not yet established an effective mechanism for estimating the
number of victims or for conducting ongoing analysis of
trafficking related data that resides within various government
agencies.''\1\ In the five years since then, there has been no
improvement in the government's ability to quantify the data
related to this crime, in particular the number of victims,
both in the United States and around the world. Only with valid
figures--or at least evidence-based estimates--can we be sure
that the funds spent on the fight against trafficking are
having the impact they are intended to have.
---------------------------------------------------------------------------
\1\U.S. Gov't Accountability Office, ``Human Trafficking: Better
Data, Strategy, and Reporting Needed to Enhance U.S. Trafficking
Efforts Abroad,'' GAO-06-825 (July 2006), p. 18.
---------------------------------------------------------------------------
According to the latest Department of Justice (DOJ) figures
available to the Committee, there were only about 2000 victims
discovered in the United States from Fiscal Year 2001 to
2009.\2\ Figures for FY 2010 are not available because DOJ has
still not delivered the statutorily mandated report on efforts
to combat trafficking that was due to Congress in May of 2011.
Likewise, according to the State Department's annual
Trafficking in Persons report, there were only 33,000 victims
identified around the world last year.\3\ These figures
contrast sharply with estimates provided in the past by the
Executive Branch and frequently cited by various interest
groups and the media such as 14,500 to 17,000 thousand in the
United States each year and 600,000 to 800,000 around the globe
each year. As the GAO put it in 2006, ``There is significant
discrepancy between the number of estimated victims and the
number of observed victims . . .''\4\
---------------------------------------------------------------------------
\2\Dep't of Justice, Attorney General's Annual Report to Congress
and Assessment of U.S. Government Efforts to Combat Trafficking in
Persons, Fiscal Year 2009 (May 2010), p. 20.
\3\Department of State, Trafficking in Persons Report 2011 (June
2011), p. 38.
\4\Gov't Accountability Office, supra Note 1, at p. 17.
---------------------------------------------------------------------------
The State Department acknowledged this fact itself in its
2010 Trafficking in Persons Report, where it reported that only
0.4 percent of estimated victims had been identified.\5\ While
it is reasonable to assume that because of the underground
nature of trafficking, many victims are kept hidden from
authorities and are difficult to find and rescue, at the same
time, the worldwide focus on trafficking for more than 10 years
should have led to better identification of victims by now. In
particular, the figure for United States victims identified and
rescued should be quite high. But, taking the lower end of the
estimate of victims in the United States, it is simply not
credible that, given the amount of federal resources devoted to
the problem, only 2,000 of 150,000 victims, or slightly more
than 1 percent, have been found in the last 11 years. Either
the government is doing an unconscionably poor job of finding
victims or there are not that many total victims in the first
place. It is my hope, that this reauthorization will lead to
better reporting on the true number of victims and will help
jumpstart more accurate reporting on human trafficking
statistics to Congress and the American people. At the least,
DOJ should be on notice going forward that continuing to turn
in reports to Congress months late is unacceptable, especially
when Congress is attempting to reauthorize important
legislation impacting their operations.
---------------------------------------------------------------------------
\5\Department of State, Trafficking in Persons Report 2010 (June
2010), p. 7.
---------------------------------------------------------------------------
Continued presence
First, it must be clear that this bill makes no changes to
the law pertaining to Continued Presence (CP). The law, found
in 22 U.S.C. Sec. 7105(c)(3)(A)(i), provides: ``[i]f a Federal
law enforcement official files an application stating that an
alien is a victim of a severe form of trafficking and may be a
potential witness to such trafficking, the Secretary of
Homeland Security may permit the alien to remain in the United
States to facilitate the investigation and prosecution of those
responsible for such crime.'' Any interpretation articulated in
the Committee Report cannot affect the current status of the CP
law or how it is administered. And, because this legislation in
no way alters the current statutory standard for CP, neither
the Executive Branch, nor the courts, should view opinions
contained in this report as changing the legal standard in any
way.
Second, the Committee Report also discusses DHS guidelines
describing when CP should be used. It declares that ``[t]his
decline [in the number of individuals receiving CP] is
troubling, especially in light of the benefits to law
enforcement that accrue through CP.'' The report concludes its
discussion of CP by stating: ``The Committee will closely
monitor how CP requests are handled in the future and whether
the low number of CP grants can be attributed to policy,
practice, or some other reason.'' It appears that these
statements are meant to imply that law enforcement and
prosecutors do not know how to do their jobs and that Congress
and advocates know better. I disagree with this implication.
As the DHS guidelines, relied upon by the report, make
clear: ``CP is an important tool for federal, state, and local
law enforcement in their investigation of human trafficking-
related crimes.''\6\ Consequently, whether, when, and how often
to use CP is a matter for law enforcement and prosecutors to
determine on a case-by-case basis, using their expertise. The
Committee has not been presented with any evidence that law
enforcement officers and prosecutors are not properly enforcing
trafficking laws. Nor has the Committee been presented with any
evidence that they are not appropriately utilizing CP.
---------------------------------------------------------------------------
\6\Dep't of Homeland Security, Continued Presence: Temporary
Immigration Status for Victims of Human Trafficking (August 2010)
(available at http://www.dhs.gov/files/programs/gc_1284411607501.shtm).
---------------------------------------------------------------------------
Indeed, on October 3, 2011, the Committee's majority staff
organized a briefing by five local law enforcement officials on
the use of U-Visas (for victims of crime), T-Visas (for victims
of trafficking) and Violence Against Women Act (VAWA) self-
petitions. The declared purpose of the briefing was to provide
useful background information to staff as the Committee
considered the Trafficking Victims Protection Reauthorization
Act (S. 1301) and the VAWA Reauthorization. The law enforcement
officials were described by the majority staff as having
significant experience working to fight domestic violence,
sexual violence, and trafficking in their communities, and
training other law enforcement officers on the use of U visas
as a law enforcement tool. During that briefing, none of the
officers indicated that there were any problems with the
standard for requesting CP or the frequency in which CP
requests are made.
Generally speaking, career law enforcement officers and
prosecutors know how to do their jobs and do not, as a general
matter, need to be told how to fight crime. To date, there has
been no evidence presented to suggest that career law
enforcement officers and prosecutors are failing to utilize CP
as a crime fighting tool.
In the end, the standard for CP is set forth in 22 U.S.C.
Sec. 7105(c)(3)(A)(i). The TVPRA does not change that standard.
And, interpretations contained in this report cannot and do not
change that standard.
Funding provisions of TVPA
Chief among the key provisions of the TVPA has been the
authorizations that provide funding to many different programs
to combat human trafficking. These provisions have previously
authorized funding to the Department of Justice, Department of
State, Department of Homeland Security, Department of Labor,
Department of Health and Human Services, and the Executive
Office of the President. The past versions of TVPA had created
approximately twenty-six separate budgetary line items that
authorized $191.5 million annually. Because funding for TVPA
programs was stretched across so many different accounts, there
has been significant duplication, overlap, and unnecessary
expenditures under TVPA funded programs.
For example, the 2005 TVPA Reauthorization included a $30
million funding stream for the Federal Bureau of Investigation
(FBI) to investigate trafficking in persons.\7\ This funding
was included to specifically recognize the importance of
investigating trafficking in person's cases. While I agree with
the goal of this additional funding, to continue this
additional authorization, on top of the nearly $7.8 billion the
FBI received in Fiscal Year 2011, is duplicative. Further, this
provision has never been funded by the appropriators. In fact,
the Fiscal Year 2012 Senate Subcommittee on Commerce, Justice,
Science, and Related Agencies Appropriations specifically
included language in the Fiscal Year 2012 Committee Report that
states, ``Within funds provided, the Committee expects the FBI
to investigate severe forms of trafficking in persons as
authorized by [the TVPA].'' This statement essentially
indicates that the appropriations staff view the duty to
investigate severe forms of trafficking in persons as part of
the inherent duty of the FBI that does not require specific,
additional funding. Given the unprecedented fiscal situation
the federal government faces, along with traditional principles
of good government, the compromise version of S. 1301
eliminates the specific line item for additional funds for the
FBI.
---------------------------------------------------------------------------
\7\Pub. L. No. 109-164, 119 Stat. 3558, 301(7), Jan. 10, 2006.
---------------------------------------------------------------------------
Following the same principles of good government, and
continuing to recognize the extraordinary fiscal times the
federal government faces, the final compromise of S. 1301 that
I supported reduces the overall funding levels for TVPA
programs, from $191.5 million per year to approximately $130
million per year. To achieve this significant reduction,
significant time and resources were paid to reviewing each of
the programs previously authorized and funded to determine
where duplication, overlap, waste, and unnecessary expenditures
existed. This review highlighted ten funding streams that were
not reauthorized, including the special FBI funding previously
discussed. This includes eliminating ``reception'' expenses at
the State Department, two pilot programs that were never
funded, two overlapping studies at the Justice Department,
funding for research and foreign assistance in the Executive
Office of the President that is duplicative and overlaps with
State Department funding, and eliminating a local grant program
at HHS. Further, the final compromise also significantly
reduces, but does not eliminate, expenditures for DHS and the
State Department.
While cutting budgets is often difficult given the
institutional opposition to eliminating programs, making tough
choices in these programs was necessary. Those difficult
choices allowed us to increase funding to victims of severe
forms of trafficking by increasing funding to the Department of
Justice's victims assistance programs. Taken together, the
final compromise strikes the right balance in eliminating
duplicative and unappropriated programs while funding programs
that are worthy--such as assistance to victims of severe forms
of trafficking.
Accountability and transparency measures
Perhaps the most important part of the final compromise of
S. 1301 is the inclusion of a strong accountability package to
ensure that taxpayer dollars are not subject to fraud, waste,
and abuse. By reducing or eliminating fraud, waste, and abuse,
we ensure that victims are receiving all of the services and
assistance that our authorizations intend. This accountability
package, located in section 226, contains a number of different
measures that will help eliminate the past abuses of TVPA grant
programs.
At the hearing in September, I questioned the Principal
Deputy Assistant Attorney General for the Office of Justice
Programs--one of two offices that provides grant funding under
TVPA programs. During that questioning, I discussed how in the
past four years, the Inspector General at the Justice
Department has audited seven individual grant recipients under
the TVPA. Each of those seven audits contained significant
irregularities including unallowable costs, unauthorized
expenditures, poor accounting and financial records, failure of
programs to meet stated goals, and failure to provide matching
funds identified in grant applications. The Inspector General
found ``systemic weaknesses in [OJP's] grant implementation,''
including ``weaknesses in the areas of the established goals
and accomplishments for grantees, grant reporting, fund
drawdowns, local matching funds, expenditures, indirect costs,
and monitoring of subrecepients.''\8\ In one instance, a
grantee was given nearly $2 million for human trafficking
assistance, and the Inspector General questioned nearly
$900,000, plus an additional $174,000 in fringe benefits.\9\
The Principal Deputy Assistant Attorney General agreed with my
analysis that this grant was an example of a spectacular
failure on the part of the government to oversee taxpayer
dollars.\10\ Unfortunately, I was then told what I have been
told for years, that the Justice Department has fixed this
problem and that it won't happen again.
---------------------------------------------------------------------------
\8\Dep't of Justice, Office of Inspector General, Management of the
Office of Justice Programs' Grant Programs for Trafficking Victims, OIG
Audit Report 08-26 (July 2008).
\9\Dep't of Justice, Office of Inspector General, Legal Assistance
for Victims Grant and Services for Human Trafficking Victims Grants
Administered by the Heartland Alliance for Human Needs and Human
Rights, Chicago, Illinois OIG Audit Report GR-50-08-002 (January 2008)
\10\The Trafficking Victims Protection Reauthorization Act:
Renewing the Commitment to Victims of Human Trafficking: Hearing before
the Senate Comm. on the Judiciary, Sept. 14, 2011.
---------------------------------------------------------------------------
Despite repeated assurances that the Justice Department is
doing more now than it has in the past to prevent fraud, waste,
and abuse of taxpayer dollars, the song remains the same. Grant
recipients continue to commit major program violations and yet
continue to receive taxpayer dollars year after year. For
example, in a January 2008 audit report, the OIG questioned
``all expenditures in salaries ($902,122) and in fringe
benefits ($174,479) due to the lack of adequate supporting
documentation.''\11\ The OIG also questioned, ``$70,580 for . .
. unsupported matching contributions for salary and fringe
benefits,'' as well as ``$63,009 in expenditures that exceeded
the maximum daily rate [for pro bono legal service matching
requirements].''\12\ Another January 2008 audit of a law
enforcement task force found ``that the grantee generally
complied with grant requirements'', but the OIG also ``found
that an unauthorized position was charged to the grant,'' and
that the grantee ``maintained an accounting system and
financial records that did not always account for grant-related
expenditures and revenue.''\13\ A March 2008 grant audit of a
New York-based recipient also found significant weaknesses in
grant expenditures. For example, the OIG found that the grantee
was ``not achieving the objectives pertaining to social
services and legal services because it was not serving 100
victims, and did not obtain 80 T-visas for victims on
trafficking identified during the project period as
budgeted.''\14\ The OIG also found weaknesses in how the
grantee determined client eligibility for services; identified
the number of clients served; failed to provide supporting
documentation for housing costs; paying in full for contracts
for housing, medical, and legal services for victims despite
serving fewer victims than contracted, and complied with the
matching requirements. In all, the OIG questioned nearly
$500,000 of the original $2 million grant.\15\ In addition to
these individual audits, the Inspector General has questioned
the number of victims that the Office of Justice Program's
anti-trafficking efforts have served.\16\ That same audit,
found ``systematic weaknesses in [OJP's] grant implementation''
citing the need for the Office of Victims of Crime (OVC) and
the Bureau of Justice Assistance (BJA) to take ``additional
actions to ensure that these weaknesses are addressed by all
OVC service providers and BJS [Bureau of Justice Statistics]
task forces, not just the subjects of the individual audits we
conducted.'' Thus, not only has the OIG questioned the
administration of TVPA grants by individual grant recipients,
the OIG has questioned the actual administration of the grant
programs both by BJA and OVW.
---------------------------------------------------------------------------
\11\See Dep't of Justice supra note 8.
\12\Id.
\13\Dep't of Justice, Office of Inspector General, Office of
Justice Programs, San Diego Region Anti-Trafficking Task Force Grant
Awarded to County of San Diego California, OIG Audit Report GR-90-08-
001 (January 2008).
\14\Dep't of Justice, Office of Inspector General, Office of
Justice Programs, Office for Victims of Crime, Services for Trafficking
Victims, Discretionary Grant Program, Cooperative Agreement Awarded to
the International Rescue Comm, New York, New York OIG Audit Report GR-
40-08-003 (March 2008).
\15\Id.
\16\Dep't of Justice supra note 8.
---------------------------------------------------------------------------
The GAO has also issued two separate reports criticizing
BJA and the entire U.S. Government effort to coordinate
programs under TVPA.\17\ These audits and evaluations show
systemic problems that the OIG and GAO has found in other grant
programs administered by OJP and other Justice components. In
fact, grant management has been on the OIG's annual list of
major management challenges for DOJ each year for the last ten
years. Simply put, these audits are not an isolated incident
and appear to be the rule, not the exception. Sadly, given the
small sample of actual grantees audited on an annual basis, an
accurate total of taxpayer dollars lost to fraud, waste, abuse,
or mismanagement of grant programs cannot be calculated.
---------------------------------------------------------------------------
\17\Gov't Accountability Supra Note 1; U.S. Gov't Accountability
Office, Human Trafficking: A Strategic Framework Could Help Enhance the
Interagency Collaboration Needed to Effectively Combat Trafficking
Crimes GAO-07-915 (July 2007).
---------------------------------------------------------------------------
To combat these repeated negative audit findings, I
prepared a significant accountability package that includes a
number of measures to ensure that grants are actually audited
and those who mismanage taxpayer dollars are held accountable.
The final compromise version of S. 1301 includes the following
accountability measures: (1) requires an annual audit of 10% of
all grantees by the Inspector General, (2) requires a two-year
exclusion for any grantee found to have an unresolved audit
finding for more than six months, (3) requires the Attorney
General to prioritize grants to grantees that do not have a
negative audit finding for the last three fiscal years, (4)
requires the Attorney General to reimburse the federal treasury
if a barred grantee is awarded funds, then seek to recoup funds
from the erroneous award to the grantee, (5) requires matching
funds from grantees--including a limitation on in-kind
contributions, (6) prohibits the Attorney General from awarding
grants to any non-profit organization that holds money offshore
for the purpose of avoiding unrelated business income tax
(UBIT), (7) caps administrative expenses, (8) requires the
Deputy Attorney General or Assistant Attorney General to pre-
approve conference expenditures and annually report to
Congress, (9) prohibits grantees from using taxpayer dollars to
lobby for additional taxpayer funds, and (10) requires the
Assistant Attorney General for the Office of Justice Programs
to annually certify to Congress compliance with the mandatory
exclusions and reimbursements contained in the bill.
These requirements are a commonsense proposal to ensure a
baseline of accountability for federal grantees receiving funds
under the TVPA. They are a response to problems that have
arisen in the TVPA administered grant program, in addition to
others--including reentry programs funded under the Second
Chance Act, victims and law enforcement grants under the
Violence Against Women Act, and many other grants administered
by the OJP, the OVW, and the Community Oriented Policing
Services (COPS). While the Committee Report argues that these
accountability provisions are ``specifically tailored to the
needs and contours of the grant programs authorized under the
TVPA'', it is my belief that given the many similarities and
overlapping problems with grants administered by DOJ, these
accountability provisions cross programmatic boundaries and
would establish a minimum baseline of accountability across all
DOJ administered grant programs. Given the current fiscal
crisis the federal government faces, and the continued findings
of the OIG outlining fraud, waste, abuse, and mismanagement of
DOJ administered grant programs, it is imperative that the
Judiciary Committee undertake a comprehensive effort to include
these accountability measures in some form to all
reauthorizations of grant programs going forward.
Conclusion
Human trafficking is a horrific crime that requires the
attention of the federal government and those who commit this
terrible crime should be prosecuted to the fullest extent of
the law. The final Committee reported version of S. 1301
represents a step forward for victims and American taxpayers.
By reexamining the existing funding streams and determining
where savings could be made, the bill was able to cut spending
while simultaneously increase funding for victims.
Additionally, by adding a significant accountability package,
this bill signals to grant recipients that they too need to
increase their efforts to better manage federal government
resources in order to serve victims in a more efficient manner.
Charles E. Grassley.
MINORITY VIEWS FROM SENATORS KYL, SESSIONS, LEE AND COBURN
Since passage of the Trafficking Victims Protection Act
(TVPA) in 2000, Congress has regularly reauthorized and
expanded programs to combat human trafficking. Although funding
to combat this tragic crime has increased exponentially over
the last decade, Congress has failed to provide the necessary
oversight to ensure this money is being spent efficiently and
effectively. As a direct result of this failure, there is now a
growing bureaucracy of anti-trafficking programs that is
wasteful, mismanaged, and duplicative. S. 1301, the Trafficking
Victims Protection Reauthorization Act of 2011 (TVPRA), takes
admirable steps to curb the amount of spending on anti-
trafficking programs in light of the current economic climate;
nevertheless, this legislation fails to implement necessary
changes in the structure and design of these programs.
The amount of money authorized to combat human trafficking
increased from $31.8 million in 2001 to $185.5 million in 2010.
At the same time, the number of agencies and programs charged
with combating trafficking rose dramatically: eight federal
agencies now receive funding under the TVPA,\1\ as well as
countless programs, funds, and task forces. Unfortunately,
Congress continues to neglect its duty to provide proper
oversight of these various agencies and programs, and as a
result a significant amount of the funding provided under the
TVPA is wasted or mismanaged. Even worse, some of the agencies
receiving this funding have difficulty merely keeping a proper
account of their funds. While S. 1301 takes some initial,
positive steps in reining in the waste and mismanagement of the
various anti-trafficking programs by reducing their
authorizations or eliminating programs that have not been
appropriated in the past, the bill as currently written does
not ensure we are effectively spending each dollar.
---------------------------------------------------------------------------
\1\Department of State, USAID, Department of Justice, Department of
Labor, Department of Health and Human Services, Department of Homeland
Security, Immigration and Customs Enforcement, and the Executive Office
of the President.
---------------------------------------------------------------------------
Imbalance between domestic and international program funding
The protection of American citizens from human trafficking,
and the prosecution of those who attempt to engage in such
trafficking in the United States, was the foremost concern of
the initial Trafficking Victims Protection Act. However, the
TVPA has evolved over time, and the protection of American
citizens is no longer the central focus of the government's
anti-trafficking efforts. Instead, U.S. Government programs
focus on combating international trafficking and increasing
public awareness in foreign countries. In FY2010, domestic
anti-trafficking programs received only $24.2 million while
international programs received more than $85 million; as a
result, international programs accounted for 78% of the U.S.
Government's TIP funding.\2\ This gap in funding between
domestic and international programs has been consistent over
time--over the last three years, Congress appropriated $244.9
million to combat international trafficking while only
appropriating $67 million to combat domestic trafficking.\3\
---------------------------------------------------------------------------
\2\``U.S. Government Anti-Trafficking In Persons Program Funding,
FY2010 Fact Sheet.'' United States Department of State, available at
http://www.state.gov/documents/organization/167319.pdf.
\3\Data from 2009-2011 ``U.S. Government Anti-Trafficking In
Persons Program Funding'' Fact Sheets. United States Department of
State, available at http://www.state.gov/g/tip/rls/fs/index.htm.
---------------------------------------------------------------------------
Furthermore, there is even confusion as to whether any
funds provided under the TVPA may be used to supply direct
services to U.S. citizen victims. The Attorney General's Annual
Report to Congress and Assessment of U.S. Government Activities
to Combat Trafficking in Persons issued on July 2010 states:
``The funds provided under the TVPA by the federal government
for direct services to victims are dedicated to assist non-U.S.
citizen victims and may not be used to assist U.S. citizen
victims.''\4\ In a December 2010 report, the Congressional
Research Service noted this lack of clarity, stating: ``There
is confusion over whether U.S. citizens, as well as
noncitizens, are eligible for services under all the anti-
trafficking grant programs, and whether Congress has provided
funding for programs that target U.S. citizen and LPR (lawful
permanent resident) victims.'' Congress should alleviate this
confusion and ensure assistance is being provided to U.S.
citizens before providing grants to foreign countries;
unfortunately, S. 1301 fails to do so. S. 1301 does not re-
direct any funding from international programs to domestic
programs, nor does it clarify that U.S. citizen victims may be
the recipients of direct services under the TVPA. As a result,
the TVPRA continues to disadvantage American citizens in favor
of foreign governments.
---------------------------------------------------------------------------
\4\``Attorney General's Annual Report to Congress and Assessment of
U.S. Government Activities to Combat Trafficking in Persons, Fiscal
Year 2009,'' at 17. Available at http://www.justice.gov/ag/
annualreports/tr2009/agreporthumantrafficking2009.pdf.
---------------------------------------------------------------------------
Waste and duplication in international anti-trafficking programs
The TVPA's focus on international programs is especially
problematic in view of these programs' deficiencies. For
instance, one of the leading international anti-trafficking
programs is the Office to Monitor and Combat Trafficking in
Persons (G/TIP), an agency within the Department of State--in
Fiscal Year 2010, G/TIP provided more than $33 million for
anti-trafficking programs.\5\ At the same time, the 2011
Department of State Report to the Senate Appropriations
Committee included a startling admission: only 67% of all
projects reporting to G/TIP could provide an accurate and
detailed accounting of their funding and the proportion of said
funding that directly assisted victims of trafficking
crimes.\6\ This figure becomes even more troubling in view of
some of the other programs funded by the Department of State.
For instance, the Economic Support Fund allocated $25.3 million
for anti-trafficking purposes, but could only account for $18.6
million, while the Assistance for Europe, Eurasia, and Central
Asia (AEECA) fund could only account for $6.22 out of the $9.14
million it had allocated for trafficking.\7\
---------------------------------------------------------------------------
\5\2011 Department of State Report to the U.S. Senate
Appropriations Committee, Subcommittee on Foreign Operations (Submitted
in response to questions regarding U.S. government funding totals,
purposes, and effectiveness of programming to combat trafficking in
persons during Fiscal Year 2010), at 3.
\6\2011 Department of State Report to the U.S. Senate
Appropriations Committee, Subcommittee on Foreign Operations (Submitted
in response to questions regarding U.S. government funding totals,
purposes, and effectiveness of programming to combat trafficking in
persons during Fiscal Year 2010), at 4.
\7\2011 Department of State Report to the U.S. Senate
Appropriations Committee, Subcommittee on Foreign Operations (Submitted
in response to questions regarding U.S. government funding totals,
purposes, and effectiveness of programming to combat trafficking in
persons during Fiscal Year 2010), at 3-5.
---------------------------------------------------------------------------
In addition to the funds that simply cannot be accounted
for, many of the grants awarded by the State Department appear
to be duplicative. For instance, G/TIP awarded $500,000 to
Catholic Relief Services and $400,000 to the International
Organization for Migration, both for lobbying government
officials in Chad to draft laws related to trafficking.\8\ G/
TIP also awarded a $178,500 grant to the International
Organization for Migration to operate a case management
database and another $340,000 grant to the same organization to
analyze and disseminate the information in the database.\9\
---------------------------------------------------------------------------
\8\State Department Spreadsheet of Trafficking Grants, FY2009 and
FY2010 expenditures.
\9\State Department Spreadsheet of Trafficking Grants, FY2009
expenditure.
---------------------------------------------------------------------------
Simply put, waste and duplication among international
grants and among various agencies means the funds we are
dedicating to this cause are not effectively combating the
problems at hand. As the Government Accountability Office noted
in its most recent report on human trafficking, ``the U.S.
government has not developed a coordinated strategy for
combating trafficking abroad or developed a way to gauge
results and target its overall assistance . . . thus preventing
the U.S. government from determining the effectiveness of its
efforts or adjusting its assistance to better meet needs.''\10\
Yet despite these troubling reports and statistics, S. 1301
makes no provision for increased accountability within G/TIP or
any other State Department program, allowing this lack of
coordination and accountability to continue unchecked. Further,
S. 1301 will likely only exacerbate this problem by expanding
the role of regional bureaus of the State Department without
providing appropriate safeguards to ensure these bureaus are
keeping track of their funding and not duplicating efforts.
---------------------------------------------------------------------------
\10\GAO Report: GAO-07-915, ``Human Trafficking: A Strategic
Framework Could Help Enhance the Interagency Collaboration Needed to
Effectively Combat Trafficking Crimes,'' Government Accountability
Office, July 2007, available at http://www.gao.gov/new.items/
d07915.pdf.
---------------------------------------------------------------------------
Mismanagement of domestic trafficking grants
Funds allocated to fighting international human trafficking
are not the only ones being mismanaged. Between April 2007 and
March 2008, the DOJ Inspector General randomly audited seven
trafficking grants awarded by the Justice Department and found
``significant deficiencies'' with all of them.\11\ There are
also performance problems with the task forces the Department
of Justice funds around the country that coordinate state and
local law enforcement and federal agencies' efforts to combat
trafficking. Over a four-year period there were at least 45
federally-funded task forces throughout the United States. Of
the 42 task forces that reported one instance of human
trafficking or more, 24 of those task forces did not provide
individual-level information for at least one suspect or victim
to the Department of Justice, indicating a failure of record-
keeping.\12\ As a result, these 24 task forces were designated
``low data quality task forces'' by the Office of Justice
Programs, and their records were excluded from statistical
reports. Thus, these tasks forces were a waste of federal
resources.
---------------------------------------------------------------------------
\11\Glenn A. Fine, ``Top Management and Performance Challenges in
the Department of Justice,'' Inspector General Memorandum, November 13,
2008, available at http://www.justice.gov/oig/challenges/2008/
index.htm. However, in its testimony before the U.S. Senate Committee
on the Judiciary on September 14, 2011, the Department of Justice
asserted it had remedied the deficiencies in 6 of the 7 grants.
\12\Office of Justice Programs Report NCJ233732, Duren Banks and
Tracey Kychelhahn, ``Characteristics of Suspected Human Trafficking
Incidents, 2008-2010,'' Bureau of Justice Statistics, Office of Justice
Programs, U.S. Department of Justice, April 28, 2011, available at
http://bjs.ojp.usdoj.gov/index.cfm?ty=pbdetail&iid=2372.
---------------------------------------------------------------------------
S. 1301 takes some steps to alleviate these problems by
including eleven accountability measures for grants awarded by
the Department of Justice. However, these accountability
provisions do not apply to the grants awarded by other
departments and agencies. Since the authorizations for the
Department of Justice in S. 1301 only account for twenty-five
percent of the total authorizations, the vast majority of the
funds are not affected by these provisions.
Other problematic provisions of the TVPRA
Several other problematic provisions of the TVPA remain
unaddressed by S. 1301. First, there is evidence that the
Department of Health and Human Services is promoting a pro-
abortion agenda through its anti-trafficking grant program. A
recent announcement for 2011 grant requests under the National
Human Trafficking Victim Assistance Program states:
``preference will be given to grantees . . . that will offer
all victims referral to medical providers who can provide or
refer for provision of treatment for sexually transmitted
infections, family planning services and the full range of
legally permissible gynecological and obstetric care. . .''\13\
``Family planning services and the full range of legally
permissible gynecological and obstetric care'' means the
grantees must be willing to refer victims to medical providers
who provide abortion services. Federal agencies should not be
allowed to discriminate against programs that oppose abortion
and refuse to offer referrals to abortion services, yet S. 1301
takes no steps to forbid this discrimination.
---------------------------------------------------------------------------
\13\U.S. Department of Health and Human Services, Administration
for Children and Families website at http://www.acf.hhs.gov/grants/
open/foa/view/HHS-2011-ACF-ORR-ZV-0148.
---------------------------------------------------------------------------
Another concern stems from the amount of anti-trafficking
funding that is spent on ``public awareness'' programs rather
than victims' services, prosecutions, or prevention. While
these programs may be helpful in preventing future human
trafficking, there is no streamlined public awareness model
being implemented around the world, which leads to higher costs
and uncertainty about its effectiveness. Of the 272 grants
awarded by the State Department in 2010, totaling over $108.7
million, more than one-third of them had at least a component
for raising awareness of trafficking. There were 50 different
grants, totaling $8.25 million, for public awareness in the
United States alone.\14\ Although the Department of Justice's
Office of Justice Programs limits its grantees' public
awareness expenditures to 5% of the total grant, no other
agency or program limits their grantees in this manner. Too
much money is being spent on public awareness given the lack of
demonstrable results proving this effort reduces human
trafficking. These funds should instead be spent on victims'
services and prosecutions of perpetrators of these crimes; once
again, S. 1301 does nothing to address this concern.
---------------------------------------------------------------------------
\14\Analysis of State Department's Spreadsheet of Trafficking
Grants.
---------------------------------------------------------------------------
Conclusion
While S. 1301 includes some improvements over previous TVPA
reauthorizations, significant work remains. As mentioned
previously, S. 1301 introduces an eleven-point accountability
test for all Department of Justice anti-trafficking grantees;
however, it fails to extend this test to any other agency's
grantees. This accountability is particularly necessary for
international grants under the Department of State, as their
grants are especially prone to a lack of accountability.
Further, S. 1301 reduces authorizations for anti-
trafficking programs to $130 million, which is $10 million
below the amount appropriated in FY2010. While this reduction
is admirable, it simply does not go far enough in light of the
economic climate and our national debt. The federal government
could spend far less on anti-trafficking programs, while
simultaneously achieving greater success, simply by eliminating
wasteful and duplicative programs. Finally, as the majority
notes in its views, additional funding to combat human
trafficking is being provided to these departments and agencies
through other appropriations bills; thus, reducing
authorizations in this bill will likely result in departments
and agencies directing their energies to seeking additional
funds from other sources rather than forcing them to better
manage the funds they receive.
Our national debt now exceeds $14 trillion; therefore, we
must ensure that our tax dollars are responsibly spent even on
the most important areas. Taxpayers expect us to work together
to reduce wasteful and unnecessary spending and be more
vigilant about how we spend public funds. Before we pass the
Trafficking Victims Protection Reauthorization Act, Congress
must ensure our resources are actually combating human
trafficking and not being wasted or mismanaged. Unfortunately,
the bill as currently written fails to address these issues.
Absent significant amendments to correct the problems
highlighted, the Senate should reject S. 1301 and work towards
crafting a more effective and efficient Trafficking Victims
Protection Act.
Jon Kyl.
Jeff Sessions.
Michael S. Lee.
Tom Coburn.
MINORITY VIEWS FROM SENATORS CORNYN AND KYL
Every year, an estimated 100,000 American juveniles are
victimized through domestic child prostitution.\1\ In
addressing the problem of human trafficking, the sex
trafficking of children in the United States should be the
government's first priority. S. 1301, however, contains
inadequate funding, protections, and law enforcement tools to
meet this challenge. The Cornyn/Kyl amendment (ALB 11813) would
add the full text of the Domestic Minor Sex Trafficking
Deterrence and Victims Support Act (S. 596) to S. 1301, taking
a more comprehensive approach to fighting the evils of domestic
sex trafficking through both victims' services and law
enforcement tools. S. 1301 should not be passed by the Senate
without including the language of ALB11813.
---------------------------------------------------------------------------
\1\Shared Hope International. ``National Report on Domestic Minor
Sex Trafficking''. p.4. 2009.
---------------------------------------------------------------------------
Enhanced and targeted grant programs to combat domestic minor sex
trafficking
S. 1301 authorizes $8 million per year to be distributed
through 4 block grants to state and local governments in order
to combat the sex trafficking of minors in the United States.
ALB11813 would authorize $14 million for six such block grants,
and would require grantees to certify that these funds would
only be allocated to serve interstate victims of sex
trafficking. The enhanced and targeted grants under ALB11813
would make greater strides in developing a best practices model
for nationwide sex trafficking deterrence and would ensure that
these funds are directed toward fulfilling the federal
government's interstate role in protecting children in the
United States from sex traffickers. Additionally, ALB11813
would provide for greater grantee accountability by enacting a
25% grantee match requirement in the first year of the grant.
S. 1301 only requires a 15% grantee match during the same
period.
Comprehensive law enforcement tools to deter domestic minor sex
trafficking
Under S. 1301, block grants to state and local governments
to combat the sex trafficking of minors could be used to
provide: residential care, emergency social services, daily
necessities, case management services, mental health
counseling, legal services, and referral services for minor
victims of sex trafficking, as well as specialized training for
personnel likely to encounter sex trafficking victims and
education programs to provide information about the prevention
of sex trafficking. ALB11813 would add an enhanced law
enforcement component to these authorized uses, including:
specialized anti-trafficking training for law enforcement
personnel, salaries for law enforcement personnel engaged in
trafficking deterrence, investigation expenses for cases
involving the sex trafficking of minors, and salaries for
prosecutors in sex trafficking cases.
ALB11813 would also grant administrative subpoena power to
the U.S. Marshals Service for the sole purpose of investigating
unregistered sex offenders. According to the Marshals Service,
there are currently more than 100,000 unregistered sex
offenders living in the United States.\2\ These sex offenders
pose a high risk of engaging in illicit sexual conduct,\3\ and
are often very difficult to track down--moving from place-to-
place and traveling under aliases in order to conceal their
location and identity.\4\ Investigations of fugitive sex
offenders therefore repeatedly involve a long and complicated
paper trail. This very narrow provision would allow the U.S.
Marshals service to investigate these offenders more
effectively by quickly seizing items such as rent records and
credit card accounts.
---------------------------------------------------------------------------
\2\Hylton, Stacia. ``Statement of Stacia Hylton Before the House
Judiciary Subcommittee on Crime, Terrorism, and Homeland Security:The
Reauthorization of the Adam Walsh Act''. p.1. 15 FEB 2011.
\3\Karl Hanson, Kelly Morton and Andrew Harris. ``Sexual Offender
Recidivism Risk: What We Know and What We Need to Know. Annals of the
New York Academy of Sciences, volume 989. pp. 154-166. 2003.
\4\Wolf, Isaac. ``Many Sex Offenders Disappear''. Scripps Howard
News Service. 7 NOV 2010.
---------------------------------------------------------------------------
ALB11813 would also impose a 1-year federal mandatory
minimum sentence for the possession of child pornography
depicting a pre-pubescent minor younger than the age of 12.
Additionally, it would increase the maximum federal sentence
for the possession of such pornography from 10 to 20 years.
Many of the children depicted in this form of pornography are
actually victims of human trafficking,\5\ and criminals who
possess this material pose a heightened risk to engage in
sexual behavior with children.\6\ All too often, however, we
have seen federal judges downward depart and hand out lenient
sentences for this crime.\7\ This provision would send a strong
message to child pornographers and traffickers, while providing
law enforcement with a valuable tool to deter and punish
behavior that directly aids and abets human trafficking.
---------------------------------------------------------------------------
\5\Hughes, Donna. ``The Demand for Victims of Sex Trafficking.''
University of Rhode Island. p.26. 2005.
\6\Michael Bourke and Andres Hernandez. ``The Butner Study' Redux:
A Report on the Incidence of Hands-on Child Victimization by Child
Pornography Offenders. Journal of Family Violence. Vol. 24, No. 3. pp.
183-191. 2009.
\7\United States Sentencing Commission. ``The History of the Child
Pornography Guidelines''. p.11. 2009.
---------------------------------------------------------------------------
Protections for children who confront human traffickers in court
ALB11813 would provide protections for child witnesses who
choose to cooperate with law enforcement investigations by
confronting their traffickers in a court of law. The amendment
would add language to 18 U.S.C. 1514 requiring a federal court
to issue a protective order prohibiting the harassment or
intimidation of a minor victim or witness if the court finds
evidence that the conduct at issue is reasonable likely to
adversely affect the willingness of the minor victim or witness
to testify or otherwise participate in the federal criminal
case or investigation. ALB11813 would also provide penalties of
up to 5 years in prison for the knowing and intentional
violation of a child witness protective order. These provisions
would provide strong protections for child witnesses where the
attorney of a sex trafficker seeks to intimidate and discourage
the testimony of that witness. Because child witnesses are
often asked to testify against an alleged sex trafficker, this
provision would help to ensure that these traffickers are
punished to the full extent of the law.\8\
---------------------------------------------------------------------------
\8\United Nations Office of Drugs and Crime. ``Toolkit to Combat
Trafficking in Persons''. 258-260. 2008.
---------------------------------------------------------------------------
A bipartisan piece of legislation
ALB11813 is substantially identical to both S. 2925 (111th
Congress) and S. 596 (112th Congress). S. 2925 passed the
Senate Judiciary Committee unanimously on August 5th, 2010, and
proceeded to pass the full Senate by unanimous consent on
December 9th, 2010. The bill was sponsored by Senator Wyden,
and cosponsored by four members of the Judiciary Committee:
Senators Cornyn, Durbin, Franken and Schumer. S. 596 was
introduced on March 16, 2011 by Senator Wyden and co-sponsored
by five members of the Judiciary Committee: Senators Cornyn,
Kyl, Blumenthal, Klobuchar and Schumer.
Conclusion
The interstate sex trafficking of children in the United
States should be the top priority of the federal government in
attempting to combat human trafficking. S. 1301, in its current
form, contains insufficient law enforcement tools and resources
to fulfill this responsibility. Though ALB 11813 is not,
itself, sufficient to remedy the evils of domestic minor sex
trafficking, it is a substantial step in the right direction.
The Senate should not pass S. 1301 without, at the very least,
including the language of ALB11813.
John Cornyn.
Jon Kyl.
VIII. Changes to Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S. 1301, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
UNITED STATES CODE
TITLE 8--ALIENS AND NATIONALITY
* * * * * * *
CHAPTER 12--IMMIGRATION AND NATIONALITY
* * * * * * *
SEC. 1101. DEFINITIONS.
(a) As used in this chapter.--
* * * * * * *
(15) The term ``immigrant'' means every alien except
an alien who is within one of the following classes of
nonimmigrant aliens--
* * * * * * *
(T)(i) subject to section 1184(o) of this
title, an alien who the Secretary of Homeland
Security, or in the case of subclause (III)(aa)
the Secretary of Homeland Security, in
consultation with the Attorney General,
determines--
(I) is or has been a victim of a
severe form of trafficking in persons,
as defined in section 7102 of Title 22;
(II) is physically present in the
United States, American Samoa, or the
Commonwealth of the Northern Mariana
Islands, or at a port of entry thereto,
on account of such trafficking,
including physical presence on account
of the alien having been allowed entry
into the United States for
participation in investigative or
judicial processes associated with an
act or a perpetrator of trafficking;
(III)(aa) has complied with any
reasonable request for assistance in
the Federal, State, or local
investigation or prosecution of acts of
trafficking or the investigation of
crime where acts of trafficking are at
least one central reason for the
commission of that crime;
(bb) in consultation with the
Attorney General, as appropriate, is
unable to cooperate with a request
described in item (aa) due to physical
or psychological trauma; or
(cc) has not attained 18 years of
age; and
(IV) the alien would suffer extreme
hardship involving unusual and severe
harm upon removal; and
(ii) if accompanying, or following to join,
the alien described in clause (i)--
(I) in the case of an alien described
in clause (i) who is under 21 years of
age, the spouse, children, unmarried
siblings under 18 years of age on the
date on which such alien applied for
status under such clause, and parents
of such alien;
(II) in the case of an alien
described in clause (i) who is 21 years
of age or older, the spouse and
children of such alien; or
(III) any parent or unmarried sibling
under 18 years of age, or any adult or
minor children of a derivative
beneficiary of the alien, as of an
alien described in subclause (I) or
(II) who the Secretary of Homeland
Security, in consultation with the law
enforcement officer investigating a
severe form of trafficking, determines
faces a present danger of retaliation
as a result of the alien's escape from
the severe form of trafficking or
cooperation with law enforcement.
(iii) Repealed. Pub. L. 110-457, Title II,
Sec. 201(a)(3), Dec. 23, 2008, 122 Stat. 5053
(U)(i) subject to section 1184(p) of this
title, an alien who files a petition for status
under this subparagraph, if the Secretary of
Homeland Security determines that--
(I) the alien has suffered
substantial physical or mental abuse as
a result of having been a victim of
criminal activity described in clause
(iii);
(II) the alien (or in the case of an
alien child under the age of 16, the
parent, guardian, or next friend of the
alien) possesses information concerning
criminal activity described in clause
(iii);
(III) the alien (or in the case of an
alien child under the age of 16, the
parent, guardian, or next friend of the
alien) has been helpful, is being
helpful, or is likely to be helpful to
a Federal, State, or local law
enforcement official, to a Federal,
State, or local prosecutor, to a
Federal or State judge, to the Service,
or to other Federal, State, or local
authorities investigating or
prosecuting criminal activity described
in clause (iii); and
(IV) the criminal activity described
in clause (iii) violated the laws of
the United States or occurred in the
United States (including in Indian
country and military installations) or
the territories and possessions of the
United States;
(ii) if accompanying, or following to join,
the alien described in clause (i)--
(I) in the case of an alien described
in clause (i) who is under 21 years of
age, the spouse, children, unmarried
siblings under 18 years of age on the
date on which such alien applied for
status under such clause, and parents
of such alien; or
(II) in the case of an alien
described in clause (i) who is 21 years
of age or older, the spouse and
children of such alien; and
(iii) the criminal activity referred to in
this clause is that involving one or more of
the following or any similar activity in
violation of Federal, State, or local criminal
law: rape; torture; trafficking; incest;
domestic violence; sexual assault; abusive
sexual contact; prostitution; sexual
exploitation; female genital mutilation; being
held hostage; peonage; involuntary servitude;
slave trade; kidnapping; abduction; unlawful
criminal restraint; false imprisonment;
blackmail; extortion; manslaughter; murder;
felonious assault; witness tampering;
obstruction of justice; perjury; fraud in
foreign labor contracting (as defined in
section 1351 of title 18, United States Code);
or attempt, conspiracy, or solicitation to
commit any of the above mentioned crimes; or
* * * * * * *
SEC. 1232. ENHANCING EFFORTS TO COMBAT THE TRAFFICKING OF CHILDREN.
* * * * * * *
(c) Providing Safe and Secure Placements for Children.--
(1) Policies and programs.--The Secretary of Health
and Human Services, Secretary of Homeland Security,
Attorney General, and Secretary of State shall
establish policies and programs to ensure that
unaccompanied alien children in the United States are
protected from traffickers and other persons seeking to
victimize or otherwise engage such children in
criminal, harmful, or exploitative activity, including
policies and programs reflecting best practices in
witness security programs.
(2) Safe and secure placements.--
[Subject to] (A) Minors in department of
health and human services custody.--Subject to
section 279(b)(2) of Title 6, an unaccompanied
alien child in the custody of the Secretary of
Health and Human Services shall be promptly
placed in the least restrictive setting that is
in the best interest of the child. In making
such placements, the Secretary may consider
danger to self, danger to the community, and
risk of flight. Placement of child trafficking
victims may include placement in an
Unaccompanied Refugee Minor program, pursuant
to section 412(d) of the Immigration and
Nationality Act (8 U.S.C. Sec. 1522(d)), if a
suitable family member is not available to
provide care. A child shall not be placed in a
secure facility absent a determination that the
child poses a danger to self or others or has
been charged with having committed a criminal
offense. The placement of a child in a secure
facility shall be reviewed, at a minimum, on a
monthly basis, in accordance with procedures
prescribed by the Secretary, to determine if
such placement remains warranted.
(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.
(3) Safety and suitability assessments.--
(A) In general.--Subject to the requirements
of subparagraph (B), an unaccompanied alien
child may not be placed with a person or entity
unless the Secretary of Health and Human
Services makes a determination that the
proposed custodian is capable of providing for
the child's physical and mental well-being.
Such determination shall, at a minimum, include
verification of the custodian's identity and
relationship to the child, if any, as well as
an independent finding that the individual has
not engaged in any activity that would indicate
a potential risk to the child.
(B) Home studies.--Before placing the child
with an individual, the Secretary of Health and
Human Services shall determine whether a home
study is first necessary. A home study shall be
conducted for a child who is a victim of a
severe form of trafficking in persons, a
special needs child with a disability (as
defined in section 12102(2) of Title 42), a
child who has been a victim of physical or
sexual abuse under circumstances that indicate
that the child's health or welfare has been
significantly harmed or threatened, or a child
whose proposed sponsor clearly presents a risk
of abuse, maltreatment, exploitation, or
trafficking to the child based on all available
objective evidence. The Secretary of Health and
Human Services shall conduct follow-up
services, during the pendency of removal
proceedings, on children for whom a home study
was conducted and is authorized to conduct
follow-up services in cases involving children
with mental health or other needs who could
benefit from ongoing assistance from a social
welfare agency.
(C) Access to information.--Not later than 2
weeks after receiving a request from the
Secretary of Health and Human Services, the
Secretary of Homeland Security shall provide
information necessary to conduct suitability
assessments from appropriate Federal, State,
and local law enforcement and immigration
databases.
(4) Legal orientation presentations.--The Secretary
of Health and Human Services shall cooperate with the
Executive Office for Immigration Review to ensure that
custodians receive legal orientation presentations
provided through the Legal Orientation Program
administered by the Executive Office for Immigration
Review. At a minimum, such presentations shall address
the custodian's responsibility to attempt to ensure the
child's appearance at all immigration proceedings and
to protect the child from mistreatment, exploitation,
and trafficking.
(5) Access to counsel.--The Secretary of Health and
Human Services shall ensure, to the greatest extent
practicable and consistent with section 292 of the
Immigration and Nationality Act (8 U.S.C. 1362), that
all unaccompanied alien children who are or have been
in the custody of the Secretary or the Secretary of
Homeland Security, and who are not described in
subsection (a)(2)(A), have counsel to represent them in
legal proceedings or matters and protect them from
mistreatment, exploitation, and trafficking. To the
greatest extent practicable, the Secretary of Health
and Human Services shall make every effort to utilize
the services of pro bono counsel who agree to provide
representation to such children without charge.
(6) Child advocates.--
[The Secretary] (A) In general._The Secretary
of Health and Human Services is authorized to
appoint independent child advocates for child
trafficking victims and other vulnerable
unaccompanied alien children. A child advocate
shall be provided access to materials necessary
to effectively advocate for the best interest
of the child. The child advocate shall not be
compelled to testify or provide evidence in any
proceeding concerning any information or
opinion received from the child in the course
of serving as a child advocate. The child
advocate shall be presumed to be acting in good
faith and be immune from civil [and criminal]
liability for lawful conduct of duties as
described in this provision.
(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 appoint child advocates 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 appoint child
advocates at not more than 3 additional
immigration detention sites.
(iii) Selection of sites.--Sites at
which child advocate programs will be
established under this subparagraph
shall be located at immigration
detention sites at which more than 50
children are held in immigration
custody, and 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) Restrictions.--
(i) Administrative expenses.--A child
advocate program may not use more that
10 percent of the Federal funds
received under this section for
administrative expenses.
(ii) Nonexclusivity.--Nothing in this
section may be construed to restrict
the ability of a child advocate program
under this section to apply for or
obtain funding from any other source to
carry out the programs described in
this section.
(iii) Contribution of funds.--A child
advocate program selected under this
section shall contribute non-Federal
funds, either directly or through in-
kind contributions, to the costs of the
child advocate program in an amount
that is not less than 25 percent of the
total amount of Federal funds received
by the child advocate program under
this section. In-kind contributions may
not exceed 40 percent of the matching
requirement under this clause.
(D) 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.
(E) 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--
(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 extent to
which eligible trafficking
victims and other vulnerable
unaccompanied children are
receiving child advocate
services and assess the
possible budgetary implications
of increased participation in
the program;
(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.
(F) 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.
(d) Permanent Protection for Certain At-Risk Children.--
(1) Omitted
(2) Expeditious adjudication.--All applications for
special immigrant status under section 101(a)(27)(J) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(J)) shall be adjudicated by the Secretary
of Homeland Security not later than 180 days after the
date on which the application is filed.
(3) Omitted
(4) Eligibility for assistance.--
(A) In general.--A child who has been granted
special immigrant status under section
101(a)(27)(J) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(J)) and
who was [either] in the custody of the
Secretary of Health and Human Services at the
time a dependency order was granted for such
child [or who], was receiving services pursuant
to section 501(a) of the Refugee Education
Assistance Act of 1980 (8 U.S.C. 1522 note) at
the time such dependency order was granted, 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)),
shall be eligible for placement and services
under section 412(d) of the Immigration and
Nationality Act (8 U.S.C. 1522(d)) until the
earlier of--
(i) the date on which the child
reaches the age designated in section
412(d)(2)(B) of the Immigration and
Nationality Act (8 U.S.C.
1522(d)(2)(B)); or
(ii) the date on which the child is
placed in a permanent adoptive home.
(B) State reimbursement.--Subject to the
availability of appropriations, if State foster
care funds are expended on behalf of a child
who is not described in subparagraph (A) and
has been granted special immigrant status under
section 101(a)(27)(J) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(J)), or
status under section 101(a)(15)(U) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(U)), the Federal Government shall
reimburse the State in which the child resides
for such expenditures by the State.
(5) State courts acting in loco parentis.--A
department or agency of a State, or an individual or
entity appointed by a State court or juvenile court
located in the United States, acting in loco parentis,
shall not be considered a legal guardian for purposes
of this section or section 279 of Title 6.
(6) Transition rule.--Notwithstanding any other
provision of law, an alien described in section
101(a)(27)(J) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(J)), as amended by paragraph (1),
may not be denied special immigrant status under such
section after December 23, 2008 based on age if the
alien was a child on the date on which the alien
applied for such status.
(7) Omitted
(8) Specialized needs of unaccompanied alien
children.--Applications for asylum and other forms of
relief from removal in which an unaccompanied alien
child is the principal applicant shall be governed by
regulations which take into account the specialized
needs of unaccompanied alien children and which address
both procedural and substantive aspects of handling
unaccompanied alien children's cases.
* * * * * * *
SEC. 1375B. PROTECTIONS FOR DOMESTIC WORKERS AND OTHER NONIMMIGRANTS.
(a) Information Pamphlet and Video for Consular Waiting
Rooms.--
(1) Development and distribution.--The Secretary of
State, in consultation with the Secretary of Homeland
Security, the Attorney General, and the Secretary of
Labor, shall develop an information pamphlet and video
on legal rights and resources for aliens applying for
employment- or education-based nonimmigrant visas. 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) Consultation.--In developing the information
pamphlet under paragraph (1), the Secretary of State
shall consult with nongovernmental organizations with
expertise on the legal rights of workers and victims of
severe forms of trafficking in persons.
(b) Contents.--The information pamphlet and video developed
under subsection (a) shall include information concerning items
such as--
(1) the nonimmigrant visa application processes,
including information about the portability of
employment;
(2) the legal rights of employment or education-based
nonimmigrant visa holders under Federal immigration,
labor, and employment law;
(3) the illegality of slavery, peonage, trafficking
in persons, sexual assault, extortion, blackmail, and
worker exploitation in the United States;
(4) the legal rights of immigrant victims of
trafficking in persons and worker exploitation,
including--
(A) the right of access to immigrant and
labor rights groups;
(B) the right to seek redress in United
States courts;
(C) the right to report abuse without
retaliation;
(D) the right of the nonimmigrant to
relinquish possession of his or her passport to
his or her employer;
(E) the requirement of an employment contract
between the employer and the nonimmigrant; and
(F) an explanation of the rights and
protections included in the contract described
in subparagraph (E); and
(5) information about nongovernmental organizations
that provide services for victims of trafficking in
persons and worker exploitation, including--
(A) anti-trafficking in persons telephone
hotlines operated by the Federal Government;
(B) the Operation Rescue and Restore hotline;
and
(C) a general description of the types of
victims services available for individuals
subject to trafficking in persons or worker
exploitation.
(c) Translation.--
(1) In general.--To best serve the language groups
having the greatest concentration of employment-based
nonimmigrant visas, the Secretary of State shall
translate the information pamphlet and produce or dub
the video developed under subsection (a) into all
relevant foreign languages, to be determined by the
Secretary based on the languages spoken by the greatest
concentrations of employment- or education-based
nonimmigrant visa applicants.
(2) Revision.--Every 2 years, the Secretary of State,
in consultation with the Attorney General and the
Secretary of Homeland Security, shall determine the
specific languages into which the information pamphlet
will be translated and the video produced or dubbed
based on the languages spoken by the greatest
concentrations of employment- or education-based
nonimmigrant visa applicants.
(d) Availability and Distribution.--
(1) Posting on federal websites.--The information
pamphlet and video developed under subsection (a) shall
be posted on the websites of the Department of State,
the Department of Homeland Security, the Department of
Justice, the Department of Labor, and all United States
consular posts processing applications for employment-
or education-based nonimmigrant visas.
(2) Other distribution.--The information pamphlet and
video developed under subsection (a) shall be made
available to any--
(A) government agency;
(B) nongovernmental advocacy organization; or
(C) foreign labor broker doing business in
the United States.
(3) Deadline for pamphlet development and
distribution.--Not later than 180 days after December
23, 2008, the Secretary of State shall distribute and
make available the information pamphlet developed under
subsection (a) in all the languages referred to in
subsection (c).
(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 18--CRIMES AND CRIMINAL PROCEDURE
* * * * * * *
PART I--CRIMES
* * * * * * *
CHAPTER 77--PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS
* * * * * * *
TABLE OF CONTENTS.
Sec. 1581. Peonage; obstructing enforcement
Sec. 1582. Vessels for slave trade
Sec. 1583. Enticement into slavery
Sec. 1584. Sale into involuntary servitude
Sec. 1585. Seizure, detention, transportation or sale of slaves
Sec. 1586. Service on vessels in slave trade
Sec. 1587. Possession of slaves aboard a vessel
Sec. 1588. Transportation of slaves from United States
Sec. 1589. Forced labor
Sec. 1590. Trafficking with respect to peonage, slavery, involuntary
servitude, or forced labor
Sec. 1591. Sex trafficking of children or by force, fraud, or coercion
Sec. 1592. Unlawful conduct with respect to documents in furtherance of
trafficking, peonage, slavery, involuntary servitude, or
forced labor
Sec. 1593. Mandatory restitution
Sec. 1593A. Benefitting financially from peonage, slavery and
trafficking in persons
Sec. 1594. General provisions
Sec. 1595. Civil remedy
Sec. 1596. Additional jurisdiction in certain trafficking offenses
Sec. 1597. Unlawful conduct with respect to immigration documents.
* * * * * * *
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, conceal, remove, confiscate,
or possess, an actual or purported passport or other
immigration document of another individual--
(1) in the course of violating 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 knowingly 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).
* * * * * * *
CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
* * * * * * *
SEC. 1961. DEFINITIONS.
As used in this chapter--
(1) ``racketeering activity'' means--
(A) any act or threat involving murder,
kidnapping, gambling, arson, robbery, bribery,
extortion, dealing in obscene matter, or
dealing in a controlled substance or listed
chemical (as defined in section 102 of the
Controlled Substances Act), which is chargeable
under State law and punishable by imprisonment
for more than one year;
(B) any act which is indictable under any of
the following provisions of title 18, United
States Code: Section 201 (relating to bribery),
section 224 (relating to sports bribery),
sections 471, 472, and 473 (relating to
counterfeiting), section 659 (relating to theft
from interstate shipment) if the act indictable
under section 659 is felonious, section 664
(relating to embezzlement from pension and
welfare funds), sections 891-894 (relating to
extortionate credit transactions), section 1028
(relating to fraud and related activity in
connection with identification documents),
section 1029 (relating to fraud and related
activity in connection with access devices),
section 1084 (relating to the transmission of
gambling information), section 1341 (relating
to mail fraud), section 1343 (relating to wire
fraud), section 1344 (relating to financial
institution fraud), section 1351 (relating to
fraud in foreign labor contracting), section
1425 (relating to the procurement of
citizenship or nationalization unlawfully),
section 1426 (relating to the reproduction of
naturalization or citizenship papers), section
1427 (relating to the sale of naturalization or
citizenship papers), sections 1461-1465
(relating to obscene matter), section 1503
(relating to obstruction of justice), section
1510 (relating to obstruction of criminal
investigations), section 1511 (relating to the
obstruction of State or local law enforcement),
section 1512 (relating to tampering with a
witness, victim, or an informant), section 1513
(relating to retaliating against a witness,
victim, or an informant), section 1542
(relating to false statement in application and
use of passport), section 1543 (relating to
forgery or false use of passport), section 1544
(relating to misuse of passport), section 1546
(relating to fraud and misuse of visas,
permits, and other documents), sections 1581-
1592 (relating to peonage, slavery, and
trafficking in persons), section 1951 (relating
to interference with commerce, robbery, or
extortion), section 1952 (relating to
racketeering), section 1953 (relating to
interstate transportation of wagering
paraphernalia), section 1954 (relating to
unlawful welfare fund payments), section 1955
(relating to the prohibition of illegal
gambling businesses), section 1956 (relating to
the laundering of monetary instruments),
section 1957 (relating to engaging in monetary
transactions in property derived from specified
unlawful activity), section 1958 (relating to
use of interstate commerce facilities in the
commission of murder-for-hire), section 1960
(relating to illegal money transmitters),
sections 2251, 2251A, 2252, and 2260 (relating
to sexual exploitation of children), sections
2312 and 2313 (relating to interstate
transportation of stolen motor vehicles),
sections 2314 and 2315 (relating to interstate
transportation of stolen property), section
2318 (relating to trafficking in counterfeit
labels for phonorecords, computer programs or
computer program documentation or packaging and
copies of motion pictures or other audiovisual
works), section 2319 (relating to criminal
infringement of a copyright), section 2319A
(relating to unauthorized fixation of and
trafficking in sound recordings and music
videos of live musical performances), section
2320 (relating to trafficking in goods or
services bearing counterfeit marks), section
2321 (relating to trafficking in certain motor
vehicles or motor vehicle parts), sections
2341-2346 (relating to trafficking in
contraband cigarettes), sections 2421-24
(relating to white slave traffic), sections
175-178 (relating to biological weapons),
sections 229-229F (relating to chemical
weapons), section 831 (relating to nuclear
materials),
(C) any act which is indictable under title
29, United States Code, section 186 (dealing
with restrictions on payments and loans to
labor organizations) or section 501(c)
(relating to embezzlement from union funds),
(D) any offense involving fraud connected
with a case under title 11 (except a case under
section 157 of this title), fraud in the sale
of securities, or the felonious manufacture,
importation, receiving, concealment, buying,
selling, or otherwise dealing in a controlled
substance or listed chemical (as defined in
section 102 of the Controlled Substances Act),
punishable under any law of the United States,
(E) any act which is indictable under the
Currency and Foreign Transactions Reporting
Act, (F) any act which is indictable under the
Immigration and Nationality Act, section 274
(relating to bringing in and harboring certain
aliens), section 277 (relating to aiding or
assisting certain aliens to enter the United
States), or section 278 (relating to
importation of alien for immoral purpose) if
the act indictable under such section of such
Act was committed for the purpose of financial
gain, or (G) any act that is indictable under
any provision listed in section 2332b(g)(5)(B);
* * * * * * *
CHAPTER 110--SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN
* * * * * * *
SEC. 2255. CIVIL REMEDY FOR PERSONAL INJURIES.
(a) In General.--Any person who, while a minor, was a
victim of a violation of [section 2241(c)] section 1589, 1590,
1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260,
2421, 2422, or 2423 of this title and who suffers personal
injury as a result of such violation, regardless of whether the
injury occurred while such person was a minor, may sue in any
appropriate United States District Court and shall recover the
actual damages such person sustains and the cost of the suit,
including a reasonable attorney's fee. Any person as described
in the preceding sentence shall be deemed to have sustained
damages of no less than $150,000 in value.
(b) Statute of Limitations.--Any action commenced under
this section shall be barred unless the complaint is filed
within [six years] 10 years after the right of action first
accrues or in the case of a person under a legal disability,
not later than three years after the disability.
* * * * * * *
CHAPTER 117--TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITIES AND RELATED
CRIMES
* * * * * * *
SEC. 2423. TRANSPORTATION OF MINORS.
(a) Transportation With Intent To Engage in Criminal Sexual
Activity.--A person who knowingly transports an individual who
has not attained the age of 18 years in interstate or foreign
commerce, or in any commonwealth, territory or possession of
the United States, with intent that the individual engage in
prostitution, or in any sexual activity for which any person
can be charged with a criminal offense, shall be fined under
this title and imprisoned not less than 10 years or for life.
(b) Travel With Intent To Engage in Illicit Sexual
Conduct.--A person who travels in interstate commerce or
travels into the United States, or a United States citizen or
an alien admitted for permanent residence in the United States
who travels in foreign commerce, for the purpose of engaging in
any illicit sexual conduct with another person shall be fined
under this title or imprisoned not more than 30 years, or both.
(c) Engaging in Illicit Sexual Conduct in Foreign Places.--
Any United States citizen or alien admitted for permanent
residence who travels in foreign commerce or resides, either
temporarily or permanently, in a foreign country, and engages
in any illicit sexual conduct with another person shall be
fined under this title or imprisoned not more than 30 years, or
both.
(d) Ancillary Offenses.--Whoever, for the purpose of
commercial advantage or private financial gain, arranges,
induces, procures, or facilitates the travel of a person
knowing that such a person is traveling in interstate commerce
or foreign commerce for the purpose of engaging in illicit
sexual conduct shall be fined under this title, imprisoned not
more than 30 years, or both.
(e) Attempt and Conspiracy.--Whoever attempts or conspires
to violate subsection (a), (b), (c), or (d) shall be punishable
in the same manner as a completed violation of that subsection.
(f) Definition.--As used in this section, the term
``illicit sexual conduct'' means (1) a sexual act (as defined
in section 2246) with a person under 18 years of age that would
be in violation of chapter 109A if the sexual act occurred in
the special maritime and territorial jurisdiction of the United
States; or (2) any commercial sex act (as defined in section
1591) with a person under 18 years of age.
(g) Defense.--In a prosecution under this section based on
illicit sexual conduct as defined in subsection (f)(2), it is a
defense, which the defendant must establish by a preponderance
of the evidence, that the defendant reasonably believed that
the person with whom the defendant engaged in the commercial
sex act had attained the age of 18 years.
* * * * * * *
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
* * * * * * *
CHAPTER 32--FOREIGN ASSISTANCE
* * * * * * *
SEC. 2151N. HUMAN RIGHTS AND DEVELOPMENT ASSISTANCE.
* * * * * * *
(g) Child Marriage Status.--
(1) In general.--The report required under subsection
(d) shall include, for each country in which child
marriage is prevalent, a description of the status of
the practice of child marriage in such country.
(2) Defined term.--In this subsection, the term
``child marriage'' means the marriage of a girl or boy
who is--
(A) younger than the minimum age for marriage
under the laws of the country in which such
girl or boy is a resident; or
(B) younger than 18 years of age, if no such
law exists.
* * * * * * *
SEC. 2304. HUMAN RIGHTS AND SECURITY ASSISTANCE.
* * * * * * *
(i) Child Marriage Status.--
(1) In general.--The report required under subsection
(b) shall include, for each country in which child
marriage is prevalent, a description of the status of
the practice of child marriage in such country.
(2) Defined term.--In this subsection, the term
`child marriage' means the marriage of a girl or boy
who is--
(A) younger than the minimum age for marriage
under the laws of the country in which such
girl or boy is a resident; or
(B) younger than 18 years of age, if no such
law exists.
* * * * * * *
SEC. 2370C-1. PROHIBITION.
(a) In General.--Subject to subsections [(b), (c), and (d),
the authorities contained in section 2321j or 2347] (b) through
(f), the authorities contained in section 2321j, 2347 and 2348
of this title or section 2763 of this title may not be used to
provide assistance to, and no licenses for direct commercial
sales of military equipment may be issued to, the government of
a country that is clearly identified, pursuant to subsection
(b), for the most recent year preceding the fiscal year in
which the authorities or license would have been used or issued
in the absence of a violation of sections 2370c to 2370c-2 of
this title, as having governmental armed forces or government-
supported armed groups, including paramilitaries, militias, or
civil defense forces, that recruit and use child soldiers.
(b) Identification and Notification to Countries in
Violation of Standards.--
(1) Publication of list of foreign governments.--The
Secretary of State shall include a list of the foreign
governments that have violated the standards under
sections 2370c to 2370c-2 of this title and are subject
to the prohibition in subsection (a) in the report
required under section 7107(b) of this title.
(2) Notification of foreign countries.--The Secretary
of State shall formally notify any government
identified pursuant to subsection (a).
(c) National Interest Waiver.--
(1) Waiver.--The President may waive the application
to a country of the prohibition in subsection (a) if
the President determines that such waiver is in the
national interest of the United States.
(2) Publication and notification.--Not later than 45
days after each waiver is granted under paragraph (1),
the President shall notify the appropriate
congressional committees of the waiver and the
justification for granting such waiver.
(d) Reinstatement of Assistance.--The President may provide
to a country assistance otherwise prohibited under subsection
(a) upon certifying to the appropriate congressional committees
that the government of such country--
(1) has implemented measures that include an action
plan and actual steps to come into compliance with the
standards outlined in subsection (b); and
(2) has implemented policies and mechanisms to
prohibit and prevent future government or government-
supported use of child soldiers and to ensure that no
children are recruited, conscripted, or otherwise
compelled to serve as child soldiers.
(e) Exception for Programs Directly Related To Addressing
the Problem of Child Soldiers or Professionalization of the
Military.--
(1) In general.--The President may provide assistance
to a country for international military education,
training, and nonlethal supplies (as defined in section
2557(d)(1)(B) of Title 10) otherwise prohibited under
subsection (a) upon certifying to the appropriate
congressional committees that--
(A) the government of such country is taking
reasonable steps to implement effective
measures to demobilize child soldiers in its
forces or in government-supported
paramilitaries and is taking reasonable steps
within the context of its national resources to
provide demobilization, rehabilitation, and
reintegration assistance to those former child
soldiers; and
(B) the assistance provided by the United
States Government to the government of such
country will go to programs that will directly
support professionalization of the military.
(2) Limitation.--The exception under paragraph (1)
may not remain in effect for a country for more than 5
years.
(f) Exception for Peacekeeping Operations._The limitation
set forth in subsection (a) that relates to section 551 of the
Foreign Assistance Act of 1961 shall not apply to programs that
support military professionalization, security sector reform,
heightened respect for human rights, peacekeeping preparation,
or the demobilization and reintegration of child soldiers.
* * * * * * *
CHAPTER 78--TRAFFICKING VICTIMS PROTECTION ACT
* * * * * * *
SEC. 7101. PURPOSES AND FINDINGS.
Historical and Statutory Notes
Pub.L. 110-457, Title II, Sec. 225, Dec. 23, 2008, 122
Stat. 5072, provided that:
(a) Relationship Among Federal and State Law.--Nothing in
this Act [William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008, Pub.L. 110-457, Dec. 23, 2008, 122
Stat. 5044; see Tables for complete classification], the
Trafficking Victims Protection Act of 2000 [Pub.L. 106-386,
Div. A, Sec. Sec. 101 to 113, Oct. 28, 2000, 114 Stat. 1466,
which principally enacted chapter 78 of this title, 22 U.S.C.A.
Sec. 7101 et seq.; see Tables for complete classification], the
Trafficking Victims Protection Reauthorization Act of 2003
[Pub.L. 108-193, Dec. 19, 2003, 117 Stat. 2875, enacting 18
U.S.C.A. Sec. 1595, and 22 U.S.C.A. Sec. 7109a, amending 8
U.S.C.A. Sec. Sec. 1101, 1182, 1184, and 1255, 18 U.S.C.A.
1591, and 1961, 22 U.S.C.A. Sec. Sec. 2152d, 7102, 7103, 7104,
7105, 7106, 7107, and 7110, enacting provisions set out as
notes under this section and 22 U.S.C.A. Sec. 7103, and
repealing provisions set out as notes under 22 U.S.C.A.
Sec. 7103], the Trafficking Victims Protection Reauthorization
Act of 2005 [Pub.L. 109-164, Jan. 10, 2006, 119 Stat. 3558,
enacting 18 U.S.C.A. Sec. 2428, chapter 212A of Title 18, 18
U.S.C.A. Sec. 3271 et seq., 22 U.S.C.A. Sec. Sec. 7111 and
7112, and part O of subchapter III of chapter 136 of Title 42,
42 U.S.C.A. Sec. 14044 et seq., amending 18 U.S.C.A.
Sec. Sec. 1956 and 1961, and 22 U.S.C.A. Sec. Sec. 4028, 7103,
7104, 7105, 7106, 7107, 7109a, and 7110, and enacting
provisions set out as notes under this section and 22 U.S.C.A.
Sec. Sec. 7105 and 7106], chapters 77 and 117 of title 18,
United States Code [18 U.S.C.A. Sec. 1581 et seq. and 18
U.S.C.A. Sec. 2421 et seq.], or any model law issued by the
Department of Justice to carry out the purposes of any of the
aforementioned statutes--
(1) may be construed to treat prostitution as a valid
form of employment under Federal law; or
(2) shall preempt, supplant, or limit the effect of
any State or Federal criminal law.
(b) Model State Criminal Provisions.--In addition to any
model State antitrafficking statutes in effect on the date of
the enactment of this Act [Dec. 23, 2008], the Attorney General
shall facilitate the promulgation of a model State statute
that--
(1) furthers a comprehensive approach to
investigation and prosecution through modernization of
State and local prostitution and pandering statutes;
[and]
(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;
[(2)] (3) is based in part on the provisions of the
Act of August 15, 1935 (49 Stat. 651; D.C. Code 22-2701
et seq.) [Act Aug. 15, 1935, c. 546, 49 Stat. 651]
(relating to prostitution and pandering).
(c) Distribution.--The model statute described in
subsection (b) and the text of chapter 27 of the Criminal Code
of the District of Columbia (D.C. Code 22-2701 et seq.) shall
be--
(1) posted on the website of the Department of
Justice; and
(2) distributed to the Attorney General of each
State.
* * * * * * *
SEC. 7102. DEFINITIONS.
In this chapter:
(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.
[(1)] (2) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means the
Committee on Foreign Relations and the Committee on the
Judiciary of the Senate and the Committee on Foreign
Affairs and the Committee on the Judiciary of the House
of Representatives.
[(2)] (3) Coercion.--The term ``coercion'' means--
(A) threats of serious harm to or physical
restraint against any person;
(B) any scheme, plan, or pattern intended to
cause a person to believe that failure to
perform an act would result in serious harm to
or physical restraint against any person; or
(C) the abuse or threatened abuse of the
legal process.
[(3)] (4) Commercial sex act.--The term ``commercial
sex act'' means any sex act on account of which
anything of value is given to or received by any
person.
[(4)] (5) Debt bondage.--The term ``debt bondage''
means the status or condition of a debtor arising from
a pledge by the debtor of his or her personal services
or of those of a person under his or her control as a
security for debt, if the value of those services as
reasonably assessed is not applied toward the
liquidation of the debt or the length and nature of
those services are not respectively limited and
defined.
[(5)] (6) Involuntary servitude.--The term
``involuntary servitude'' includes a condition of
servitude induced by means of--
(A) any scheme, plan, or pattern intended to
cause a person to believe that, if the person
did not enter into or continue in such
condition, that person or another person would
suffer serious harm or physical restraint; or
(B) the abuse or threatened abuse of the
legal process.
[(6)] (7) Minimum standards for the elimination of
trafficking.--The term ``minimum standards for the
elimination of trafficking'' means the standards set
forth in section 7106 of this title.
[(7)] (8) Nonhumanitarian, nontrade-related foreign
assistance.--The term ``nonhumanitarian, nontrade-
related foreign assistance'' means--
(A) any assistance under the Foreign
Assistance Act of 1961 [22 U.S.C.A. Sec. 2151
et seq.], other than--
(i) assistance under chapter 4 of
part II of that Act [22 U.S.C.A.
Sec. 2346 et seq.] in support of
programs of nongovernmental
organizations that is made available
for any program, project, or activity
eligible for assistance under chapter 1
of part I of that Act [22 U.S.C.A.
Sec. 2151 et seq.];
(ii) assistance under chapter 8 of
part I of that Act [22 U.S.C.A.
Sec. 2291 et seq.];
(iii) any other narcotics-related
assistance under part I of that Act [22
U.S.C.A. Sec. 2151 et seq.] or under
chapter 4 or 5 part II of that Act [22
U.S.C.A. Sec. 2346 et seq., 2347 et
seq.], but any such assistance provided
under this clause shall be subject to
the prior notification procedures
applicable to reprogrammings pursuant
to section 634A of that Act [22
U.S.C.A. Sec. 2394-1];
(iv) disaster relief assistance,
including any assistance under chapter
9 of part I of that Act [22 U.S.C.A.
Sec. 2292 et seq.];
(v) antiterrorism assistance under
chapter 8 of part II of that Act [22
U.S.C.A. Sec. 1349aa et seq.];
(vi) assistance for refugees;
(vii) humanitarian and other
development assistance in support of
programs of nongovernmental
organizations under chapters 1 and 10
of that Act;
(viii) programs under title IV of
chapter 2 of part I of that Act [22
U.S.C.A. Sec. 2191 et seq.], relating
to the Overseas Private Investment
Corporation; and
(ix) other programs involving trade-
related or humanitarian assistance; and
(B) sales, or financing on any terms, under
the Arms Export Control Act [22 U.S.C.A.
Sec. 2751 et seq.], other than sales or
financing provided for narcotics-related
purposes following notification in accordance
with the prior notification procedures
applicable to reprogrammings pursuant to
section 634A of the Foreign Assistance Act of
1961 [22 U.S.C.A. Sec. 2394-1].
[(8)] (9) Severe forms of trafficking in persons.--
The term ``severe forms of trafficking in persons''
means--
(A) sex trafficking in which a commercial sex
act is induced by force, fraud, or coercion, or
in which the person induced to perform such act
has not attained 18 years of age; or
(B) the recruitment, harboring,
transportation, provision, or obtaining of a
person for labor or services, through the use
of force, fraud, or coercion for the purpose of
subjection to involuntary servitude, peonage,
debt bondage, or slavery.
[(9)] (10) Sex trafficking.--The term ``sex
trafficking'' means the recruitment, harboring,
transportation, provision, or obtaining of a person for
the purpose of a commercial sex act.
[(10)] (11) State.--The term ``State'' means each of
the several States of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and
territories and possessions of the United States.
[(11)] (12) Task force.--The term ``Task Force''
means the Interagency Task Force to Monitor and Combat
Trafficking established under section 7103 of this
title.
[(12)] (13) United states.--The term ``United
States'' means the fifty States of the United States,
the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, American Samoa, Guam, the
Commonwealth of the Northern Mariana Islands, and the
territories and possessions of the United States.
[(13)] (14) Victim of a severe form of trafficking.--
The term ``victim of a severe form of trafficking''
means a person subject to an act or practice described
in [paragraph (8)] paragraph (9).
[(14)] (15) Victim of trafficking.--The term ``victim
of trafficking'' means a person subjected to an act or
practice described in [paragraph (8) or (9)] paragraph
(9) or (10).
* * * * * * *
SEC. 7103. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.
(a) Establishment.--The President shall establish an
Interagency Task Force to Monitor and Combat Trafficking.
(b) Appointment.--The President shall appoint the members
of the Task Force, which shall include the Secretary of State,
the Administrator of the United States Agency for International
Development, the Attorney General, the Secretary of Labor, the
Secretary of Health and Human Services, the Director of
National Intelligence, the Secretary of Defense, the Secretary
of Homeland Security, the Secretary of Education, and such
other officials as may be designated by the President.
(c) Chairman.--The Task Force shall be chaired by the
Secretary of State.
(d) Activities of the Task Force.--The Task Force shall
carry out the following activities:
(1) Coordinate the implementation of this chapter.
(2) Measure and evaluate progress of the United
States and other countries in the areas of trafficking
prevention, protection, and assistance to victims of
trafficking, and prosecution and enforcement against
traffickers, including the role of public corruption in
facilitating trafficking. The Task Force shall have
primary responsibility for assisting the Secretary of
State in the preparation of the reports described in
section 7107 of this title.
(3) Expand interagency procedures to collect and
organize data, including significant research and
resource information on domestic and international
trafficking. Any data collection procedures established
under this subsection shall respect the confidentiality
of victims of trafficking.
(4) Engage in efforts to facilitate cooperation among
countries of origin, transit, and destination. Such
efforts shall aim to strengthen local and regional
capacities to prevent trafficking, prosecute
traffickers and assist trafficking victims, and shall
include initiatives to enhance cooperative efforts
between destination countries and countries of origin
and assist in the appropriate reintegration of
stateless victims of trafficking.
(5) Examine the role of the international ``sex
tourism'' industry in the trafficking of persons and in
the sexual exploitation of women and children around
the world.
(6) Engage in consultation and advocacy with
governmental and nongovernmental organizations, among
other entities, to advance the purposes of this
chapter, and make reasonable efforts to distribute
information to enable all relevant 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.
(7) Not later than May 1, 2004, and annually
thereafter, the Attorney General shall submit to the
Committee on Ways and Means, the Committee on Foreign
Affairs, and the Committee on the Judiciary of the
House of Representatives and the Committee on Finance,
the Committee on Foreign Relations, and the Committee
on the Judiciary of the Senate, a report on Federal
agencies that are implementing any provision of this
chapter, or any amendment made by this chapter, which
shall include, at a minimum, information on--
(A) the number of persons who received
benefits or other services under subsections
(b) and (f) of section 7105 of this title in
connection with programs or activities funded
or administered by the Secretary of Health and
Human Services, the Secretary of Labor, the
Attorney General, the Board of Directors of the
Legal Services Corporation, and other
appropriate Federal agencies during the
preceding fiscal year;
[(B) the number of persons who have been
granted continued presence in the United States
under section 7105(c)(3) of this title during
the preceding fiscal year;
[(C) the number of persons who have applied
for, been granted, or been denied a visa or
otherwise provided status under section
1101(a)(15)(T)(i) of Title 8 during the
preceding fiscal year;]
(B) the number of persons who have been
granted continued presence in the United States
under section 107(c)(3) during the preceding
fiscal year and the mean and median time taken
to adjudicate applications submitted under such
section, including the time from the receipt of
an application by law enforcement to the
issuance of continued presence, and a
description of any efforts being taken to
reduce the adjudication and processing time
while ensuring the safe and competent
processing of the applications;
(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 number of persons who have applied
for, been granted, or been denied a visa or
status under clause (ii) of section
101(a)(15)(T) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(T))
during the preceding fiscal year, broken down
by the number of such persons described in
subclauses (I), (II), and (III) of such clause
(ii);
(E) the amount of Federal funds expended in
direct benefits paid to individuals described
in subparagraph (D) in conjunction with T visa
status;
(F) the number of persons who have applied
for, been granted, or been denied a visa or
status under section 101(a)(15)(U)(i) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(U)(i)) during the preceding fiscal
year;
(G) 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;
(H) any efforts being taken to reduce the
adjudication and processing time, while
ensuring the safe and competent processing of
the applications;
[(D)] (I) the number of persons who have been
charged or convicted under one or more of
sections 1581, 1583, 1584, 1589, 1590, 1591,
1592, or 1594 of Title 18, during the preceding
fiscal year and the sentences imposed against
each such person;
[(E)] (J) the amount, recipient, and purpose
of each grant issued by any Federal agency to
carry out the purposes of sections 7104 and
7105 of this title, or section 2152d of this
title, during the preceding fiscal year;
[(F)] (K) the nature of training conducted
pursuant to section 7105(c)(4) of this title
during the preceding fiscal year;
[(G)] (L) the amount, recipient, and purpose
of each grant under sections 14044a and 14044c
of Title 42;
[(H)]] (M) activities by the Department of
Defense to combat trafficking in persons,
including--
(i) educational efforts for, and
disciplinary actions taken against,
members of the United States Armed
Forces;
(ii) the development of materials
used to train the armed forces of
foreign countries[; and];
(iii) all known trafficking in
persons cases reported to the Under
Secretary of Defense for Personnel and
Readiness;
[(iii)] (iv) efforts to ensure that
United States Government contractors
and their employees or United States
Government subcontractors and their
employees do not engage in trafficking
in persons[;]; and
(v) all trafficking in persons
activities of contractors reported to
the Under Secretary of Defense for
Acquisition Technology and Logistics;
[(I)] (N) activities or actions by Federal
departments and agencies to enforce--
(i) section 7104(g) of this title and
any similar law, regulation, or policy
relating to United States Government
contractors and their employees or
United States Government subcontractors
and their employees that engage in
severe forms of trafficking in persons,
the procurement of commercial sex acts,
or the use of forced labor, including
debt bondage;
(ii) section 1307 of Title 19;
relating to prohibition on importation
of convict-made goods), including any
determinations by the Secretary of
Homeland Security to waive the
restrictions of such section; and
(iii) prohibitions on the procurement
by the United States Government of
items or services produced by slave
labor, consistent with Executive Order
13107 (December 10, 1998); [and]
[(J)] (O) the activities undertaken by the
Senior Policy Operating Group to carry out its
responsibilities under [subsection (f)]
subsection g of this section[.];
(P) 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;
(Q) 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
(R) 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.
(e) Office To Monitor and Combat Trafficking.--
(1) In general.--The Secretary of State shall
establish within the Department of State an Office to
Monitor and Combat Trafficking, which shall provide
assistance to the Task Force. Any such Office shall be
headed by a Director, who shall be appointed by the
President, by and with the advice and consent of the
Senate, with the rank of Ambassador-at-Large. The
Director shall have the primary responsibility for
assisting the Secretary of State in carrying out the
purposes of this chapter and may have additional
responsibilities as determined by the Secretary. The
Director shall consult with nongovernmental
organizations and multilateral organizations, and with
trafficking victims or other affected persons. The
Director shall have the authority to take evidence in
public hearings or by other means. The agencies
represented on the Task Force are authorized to provide
staff to the Office on a nonreimbursable basis.
[(2) Coordination of certain activities.--
[(A) Partnerships.--The Director, in
coordination and cooperation with other
officials at the Department of State involved
in corporate responsibility, 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--
[(i) United States citizens do not
use any item, product, or material
produced or extracted with the use of
labor from victims of severe forms of
trafficking; and
[(ii) such entities do not contribute
to trafficking in persons involving
sexual exploitation.]
[(B)] (2) United states assistance.--The Director
shall be responsible for--
[(i)] (A) all policy, funding, and
programming decisions regarding funds made
available for trafficking in persons programs
that are centrally controlled by the Office to
Monitor and Combat Trafficking; and
[(ii)] (B) coordinating any trafficking in
persons programs of the Department of State or
the United States Agency for International
Development that are not centrally controlled
by the Director.
(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.
[(f)] (g) Senior Policy Operating Group.--
(1) Establishment.--There shall be established within
the executive branch a Senior Policy Operating Group.
(2) Membership; related matters.--
(A) In general.--The Operating Group shall
consist of the senior officials designated as
representatives of the appointed members of the
Task Force (pursuant to Executive Order No.
13257 of February 13, 2002).
(B) Chairperson.--The Operating Group shall
be chaired by the Director of the Office to
Monitor and Combat Trafficking of the
Department of State.
(C) Meetings.--The Operating Group shall meet
on a regular basis at the call of the
Chairperson.
(3) Duties.--The Operating Group shall coordinate
activities of Federal departments and agencies
regarding policies (including grants and grant
policies) involving the international trafficking in
persons and the implementation of this chapter.
(4) Availability of information.--Each Federal
department or agency represented on the Operating Group
shall fully share all information with such Group
regarding the department or agency's plans, before and
after final agency decisions are made, on all matters
relating to grants, grant policies, and other
significant actions regarding the international
trafficking in persons and the implementation of this
division.
(5) Regulations.--Not later than 90 days after
December 19, 2003, the President shall promulgate
regulations to implement this section, including
regulations to carry out paragraph (4).
SEC. 7103A. 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, where possible under domestic law.
(d) Program to Address Emergency Situations.--The Secretary
of State, acting through the Director 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 Director of the Office to Monitor and
Combat Trafficking in Persons and in consultation with
the Bureau of Democracy, Human Rights, and Labor, the
Bureau of International Labor Affairs of the Department
of Labor, the United States Agency for International
Development, and other relevant agencies, is authorized
to provide assistance under this section for each
country that enters into a child protection compact
with the United States to support policies and programs
that--
(A) prevent and respond to violence,
exploitation, and abuse against children; and
(B) measurably reduce severe forms of
trafficking in children by building sustainable
and effective systems of justice and
protection.
(2) Elements.--A child protection compact under this
subsection shall establish a multi- year plan for
achieving shared objectives in furtherance of the
purposes of this Act, and shall describe--
(A) the specific objectives the foreign
government and the United States Government
expect to achieve during the term of the
compact;
(B) the responsibilities of the foreign
government and the United States Government in
the achievement of such objectives;
(C) the particular programs or initiatives to
be undertaken in the achievement of such
objectives and the amount of funding to be
allocated to each program or initiative by both
countries;
(D) regular outcome indicators to monitor and
measure progress toward achieving such
objectives; and
(E) a multi-year financial plan, including
the estimated amount of contributions by the
United States Government and the foreign
government, and proposed mechanisms to
implement the plan and provide oversight.
(3) Form of assistance.--Assistance under this
subsection may be provided in the form of grants,
cooperative agreements, or contracts to or with
national governments, regional or local governmental
units, or non-governmental organizations or private
entities with expertise in the protection of victims of
severe forms of trafficking in persons.
(4) Eligible countries.--The Secretary of State,
acting through the Office to Monitor and Combat
Trafficking in Persons, and in consultation with the
agencies set forth in paragraph (1) and relevant
officers of the Department of Justice, shall select
countries with which to enter into child protection
compacts. The selection of countries under this
paragraph shall be based on--
(A) the selection criteria set forth in
paragraph (5); and
(B) objective, documented, and quantifiable
indicators, to the maximum extent possible.
(5) Selection criteria.--A country shall be selected
under paragraph (4) on the basis of--
(A) a documented high prevalence of
trafficking in persons within the country; and
(B) demonstrated political will and sustained
commitment by the government of such country to
undertake meaningful measures to address severe
forms of trafficking in persons, including
protection of victims and the enactment and
enforcement of anti-trafficking laws against
perpetrators.
(6) Suspension and termination of assistance.--
(A) In general.--The Secretary may suspend or
terminate assistance provided under this
subsection in whole or in part for a country or
entity if the Secretary determines that--
(i) the country or entity is engaged
in activities that are contrary to the
national security interests of the
United States;
(ii) the country or entity has
engaged in a pattern of actions
inconsistent with the criteria used to
determine the eligibility of the
country or entity, as the case may be;
or
(iii) the country or entity has
failed to adhere to its
responsibilities under the Compact.
(B) Reinstatement.--The Secretary may
reinstate assistance for a country or entity
suspended or terminated under this paragraph
only if the Secretary determines that the
country or entity has demonstrated a commitment
to correcting each condition for which
assistance was suspended or terminated under
subparagraph (A).
SEC. 7104. PREVENTION OF TRAFFICKING.
(a) Economic Alternatives To Prevent and Deter
Trafficking.--The President shall establish and carry out
international initiatives to enhance economic opportunity for
potential victims of trafficking as a method to deter
trafficking. Such initiatives may include--
(1) microcredit lending programs, training in
business development, skills training, and job
counseling;
(2) programs to promote women's participation in
economic decisionmaking;
(3) programs to keep children, especially girls, in
elementary and secondary schools, and to educate
persons who have been victims of trafficking;
(4) development of educational curricula regarding
the dangers of trafficking; and
(5) grants to nongovernmental organizations to
accelerate and advance the political, economic, social,
and educational roles and capacities of women in their
countries.
(b) Public Awareness and Information.--The President,
acting through the Secretary of Labor, the Secretary of Health
and Human Services, the Attorney General, and the Secretary of
State, shall establish and carry out programs to increase
public awareness, particularly among potential victims of
trafficking, of the dangers of trafficking and the protections
that are available for victims of trafficking.
(c) Border Interdiction.--The President shall establish and
carry out programs of border interdiction outside the United
States. Such programs shall include providing grants to foreign
nongovernmental organizations that provide for transit shelters
operating at key border crossings and that help train survivors
of trafficking in persons to educate and train border guards
and officials, and other local law enforcement officials, to
identify traffickers and victims of severe forms of
trafficking, and the appropriate manner in which to treat such
victims. Such programs shall also include, to the extent
appropriate, monitoring by such survivors of trafficking in
persons of the implementation of border interdiction programs,
including helping in the identification of such victims to stop
the cross-border transit of victims. The President shall ensure
that any program established under this subsection provides the
opportunity for any trafficking victim who is freed to return
to his or her previous residence if the victim so chooses.
(d) International Media.--The President shall establish and
carry out programs that support the production of television
and radio programs, including documentaries, to inform
vulnerable populations overseas of the dangers of trafficking,
and to increase awareness of the public in countries of
destination regarding the slave-like practices and other human
rights abuses involved in trafficking, including fostering
linkages between individuals working in the media in different
countries to determine the best methods for informing such
populations through such media.
(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 assign the officers appointed under paragraph
(1) to fulfill tasks such as--
(A) expanding the anti-trafficking efforts of
the Office to Monitor and Combat Trafficking in
Persons of the Department of State, including--
(i) maintaining direct contact with
the Office to Monitor and Combat
Trafficking in Persons; and
(ii) undertaking tasks recommended by
the Director of the Office to Monitor
and Combat Trafficking in Persons;
(B) monitoring trafficking trends in the
region;
(C) assessing compliance with the provisions
of this Act;
(D) determining and furthering effective
anti-trafficking programs and partnerships with
foreign governments and foreign nongovernmental
organizations;
(E) strengthening diplomatic outreach on
trafficking in persons; and
(F) assisting and advising United States
embassies overseas on their input to the Office
to Monitor and Combat Trafficking in Persons
for the preparation of the annual Trafficking
in Persons Report.
[(e)] (f) Combating International Sex Tourism.--
(1) Development and dissemination of materials.--The
President, pursuant to such regulations as may be
prescribed, shall ensure that materials are developed
and disseminated to alert travelers that sex tourism
(as described in subsections (b) through (f) of section
2423 of Title 18) is illegal, will be prosecuted, and
presents dangers to those involved. Such materials
shall be disseminated to individuals traveling to
foreign destinations where the President determines
that sex tourism is significant.
(2) Monitoring of compliance.--The President shall
monitor compliance with the requirements of paragraph
(1).
(3) Feasibility report.--Not later than 180 days
after December 19, 2003, the President shall transmit
to the Committee on International Relations of the
House of Representatives and the Committee on Foreign
Affairs of the Senate a report that describes the
feasibility of such United States Government materials
being disseminated through public-private partnerships
to individuals traveling to foreign destinations.
[(f)] (g) Consultation Requirement.--The President shall
consult with appropriate nongovernmental organizations with
respect to the establishment and conduct of initiatives and
programs described in subsections (a) through (e) of this
section.
[(g)] (h) Termination of Certain Grants, Contracts and
Cooperative Agreements.--
[The President] (1) In general._The President shall
ensure that any grant, contract, or cooperative
agreement provided or entered into by a Federal
department or agency under which funds are to be
provided to a private entity, in whole or in part,
shall include a condition that authorizes the
department or agency to terminate the grant, contract,
or cooperative agreement, without penalty, if the
grantee or any subgrantee, or the contractor or any
[subcontractor (i) engages in severe forms of
trafficking in persons or has procured a commercial sex
act during the period of time that the grant, contract,
or cooperative agreement is in effect, or (ii) uses
forced labor in the performance of the grant, contract,
or cooperative agreement.] subcontractor engages in, or
uses labor recruiters or brokers who engage in, acts
related to trafficking in persons, the procurement of
commercial sex acts, or the use of forced labor in the
performance of the grant, contract, or cooperative
agreement, including, if in furtherance of such acts--
(A) destroying, concealing, removing, or
confiscating an employee's immigration
documents without the employee's consent;
(B) failing to assist with the repatriation
of an employee upon the end of employment,
unless the employee is a victim of human
trafficking seeking victim services or legal
redress in the country of employment;
(C) placing an employee in a location or
occupation other than the location or
occupation that was indicated to the employee
when the employee was recruited, without the
concurrence of the employee;
(D) charging recruited employees placement
fees equal to or greater than the employee's
annual salary or half the employee's total
anticipated pay, whichever is less; and
(E) any other activities that support or
promote trafficking in persons, the procurement
of commercial sex acts, or the use of forced
labor in the performance of the grant,
contract, or cooperative agreement.
(2) Contract compliance plan.--
(A) Compliance plan and certification of
subcontract review.--The head of a Federal
department or agency may not make or enter into
a grant, contract, or cooperative agreement
valued at $1,000,000 or more if performance
will predominantly be conducted overseas in
support of contingency operations, unless a
duly designated representative of the entity
receiving such grant, contract, or cooperative
agreement certifies to the contracting officer,
after having conducted due diligence, that--
(i) the contracting entity has
implemented a plan to prevent the
activities described in subparagraphs
(A) through (E) of paragraph (1) and is
in compliance with such plan; and
(ii) to the best of such
representative's knowledge, neither the
contracting entity nor any subgrantee
or subcontractor holding a subgrant or
subcontract under such grant, contract,
or cooperative agreement valued at
$1,000,000 or more, is engaged in any
of the activities described in such
subparagraphs.
(B) Contract evaluation.--
(i) In general.--If the contracting
officer for a grant, contract, or
cooperative agreement described under
subparagraph (A) receives any report
that a contracting entity, or any
subcontractor or subgrantee, has
engaged in an activity described in
paragraph (1), including reports from a
contracting officer representative, an
inspector general, an auditor, or any
other official source, the contracting
officer may, before renewing any
remaining options for such grant,
contract, or cooperative agreement, or
the grant, contract, or cooperative
agreement itself, attempt to resolve
the areas of noncompliance or
unsatisfactory performance and modify
such grant, contract, or cooperative
agreement to prevent future occurrences
of such noncompliance or unsatisfactory
performance.
(ii) Effect of continued
noncompliance.--If the contracting
officer determines that the
noncompliance or unsatisfactory
performance under the grant, contract,
or cooperative agreement described in
clause (i) cannot be resolved and
prevented in the future, the
contracting officer--
(I) may not renew any
remaining options for such
grant, contract, or cooperative
agreement, or the grant,
contract, or cooperative
agreement itself, with such
contracting entity; and
(II) may terminate the grant,
contract, or cooperative
agreement without penalty if
such grant, contract, or
cooperative agreement was made
or entered into after the
effective date of this
paragraph.
(iii) Inclusion of credible
reports.--A contracting officer may
enter in the past performance
evaluation of a contractor any reports,
determined to be credible by the
contracting officer, that any entity
has engaged in any activity described
in subparagraphs (A) through (E) of
paragraph (1), including reports from a
contracting officer representative, an
inspector general, an auditor, or any
other official source.
(3) Rule of construction.--Nothing in this subsection
may be construed as superseding, restricting, or
limiting the application of any Federal contracting law
or regulation.
[(h)] (i) Prevention of Trafficking in Conjunction with
Post-Conflict and Humanitarian Emergency Assistance.--The
United States Agency for International Development, the
Department of State, and the Department of Defense shall
incorporate anti-trafficking and protection measures for
vulnerable populations, particularly women and children, into
their post-conflict and humanitarian emergency assistance and
program activities.
[(i)] (j) Additional Measures To Prevent and Deter
Trafficking.--The President shall establish and carry out
programs to prevent and deter trafficking in persons,
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.
(k) Prevention of Child Trafficking Through Child
Marriage._The Secretary of State shall establish and implement
a multi-year, multi-sectoral strategy--
(1) to prevent child marriage;
(2) to promote the empowerment of girls at risk of
child marriage in developing countries;
(3) that should address the unique needs,
vulnerabilities, and potential of girls younger than 18
years of age in developing countries;
(4) that targets areas in developing countries with
high prevalence of child marriage; and
(5) that includes diplomatic and programmatic
initiatives.
SEC. 7105. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.
(a) Assistance for Victims in Other Countries.--
(1) In general.--The Secretary of State and the
Administrator of the United States Agency for
International Development, in consultation with
appropriate nongovernmental organizations, shall
establish and carry out programs and initiatives in
foreign countries to assist in the safe integration,
reintegration, or resettlement, as appropriate, of
victims of trafficking. Such programs and initiatives
shall be designed to meet the appropriate assistance
needs of such persons and their children, as identified
by the Task Force, and shall be carried out in a manner
which takes into account the cross-border, regional,
and transnational aspects of trafficking in persons. In
addition, such programs and initiatives shall, to the
maximum extent practicable, include the following:
(A) Support for local in-country
nongovernmental organization-operated hotlines,
culturally and linguistically appropriate
protective shelters, and regional and
international nongovernmental organization
networks and databases on trafficking,
including support to assist nongovernmental
organizations in establishing service centers
and systems that are mobile and extend beyond
large cities.
(B) Support for nongovernmental organizations
and advocates to provide legal, social, and
other services and assistance to trafficked
individuals, particularly those individuals in
detention, and by facilitating contact between
relevant foreign government agencies and such
nongovernmental organizations to facilitate
cooperation between the foreign governments and
such organizations.
(C) Education and training for trafficked
women and girls.
(D) The safe integration or reintegration of
trafficked individuals into an appropriate
community or family, with full respect for the
wishes, dignity, and safety of the trafficked
individual.
(E) Support for developing or increasing
programs to assist families of victims in
locating, repatriating, and treating their
trafficked family members, in assisting the
voluntary repatriation of these family members
or their integration or resettlement into
appropriate communities, and in providing them
with treatment.
(F) In cooperation and coordination with
relevant organizations, such as the United
Nations High Commissioner for Refugees, the
International Organization for Migration, and
private nongovernmental organizations that
contract with, or receive grants from, the
United States Government to assist refugees and
internally displaced persons, support for--
(i) increased protections for
refugees and internally displaced
persons, including outreach and
education efforts to prevent such
refugees and internally displaced
persons from being exploited by
traffickers; and
(ii) performance of best interest
determinations for unaccompanied and
separated children who come to the
attention of the United Nations High
Commissioner for Refugees, its partner
organizations, or any organization that
contracts with the Department of State
in order to identify child trafficking
victims and to assist their safe
integration, reintegration, and
resettlement.
(2) Additional requirement.--In establishing and
conducting programs and initiatives described in
paragraph (1), the Secretary of State and the
Administrator of the United States Agency for
International Development shall take all appropriate
steps to enhance cooperative efforts among foreign
countries, including countries of origin of victims of
trafficking, to assist in the integration,
reintegration, or resettlement, as appropriate, of
victims of trafficking, including stateless victims. In
carrying out this paragraph, the Secretary and the
Administrator shall take all appropriate steps to
ensure that cooperative efforts among foreign countries
are undertaken on a regional basis and shall brief
Congress annually on such efforts.
* * * * * * *
(c) Trafficking Victim Regulations.--Not later than 180
days after October 28, 2000, the Attorney General, the
Secretary of Homeland Security and the Secretary of State shall
promulgate regulations for law enforcement personnel,
immigration officials, and Department of State officials to
implement the following:
(1) Protections while in custody.--Victims of severe
forms of trafficking, while in the custody of the
Federal Government and to the extent practicable,
shall--
(A) not be detained in facilities
inappropriate to their status as crime victims;
(B) receive necessary medical care and other
assistance; and
(C) be provided protection if a victim's
safety is at risk or if there is danger of
additional harm by recapture of the victim by a
trafficker, including--
(i) taking measures to protect
trafficked persons and their family
members from intimidation and threats
of reprisals and reprisals from
traffickers and their associates; and
(ii) ensuring that the names and
identifying information of trafficked
persons and their family members are
not disclosed to the public.
(2) Access to information.--Victims of severe forms
of trafficking shall have access to information about
their rights and translation services. To the extent
practicable, victims of severe forms of trafficking
shall have access to information about federally funded
or administered anti-trafficking programs that provide
services to victims of severe forms of trafficking.
(3) Authority to permit continued presence in the
United States.--
(A) Trafficking victims.--
(i) In general.--If a Federal law
enforcement official files an
application stating that an alien is a
victim of a severe form of trafficking
and may be a potential witness to such
trafficking, the Secretary of Homeland
Security may permit the alien to remain
in the United States to facilitate the
investigation and prosecution of those
responsible for such crime.
(ii) Safety.--While investigating and
prosecuting suspected traffickers,
Federal law enforcement officials
described in clause (i) shall endeavor
to make reasonable efforts to protect
the safety of trafficking victims,
including taking measures to protect
trafficked persons and their family
members from intimidation, threats of
reprisals, and reprisals from
traffickers and their associates.
(iii) Continuation of presence.--The
Secretary shall permit an alien
described in clause (i) who has filed a
civil action under section 1595 of
Title 18, to remain in the United
States until such action is concluded.
If the Secretary, in consultation with
the Attorney General, determines that
the alien has failed to exercise due
diligence in pursuing such action, the
Secretary may revoke the order
permitting the alien to remain in the
United States.
(iv) Exception.--Notwithstanding
clause (iii), an alien described in
such clause may be deported before the
conclusion of the administrative and
legal proceedings related to a
complaint described in such clause if
such alien is inadmissible under
paragraph (2)(A)(i)(II), (2)(B),
(2)(C), (2)(E), (2)(H), (2)(I),
(3)(A)(i), (3)(A)(iii), (3)(B), or
(3)(C) of section 1182(a) of Title 8.
(B) Parole for relatives.--Law enforcement
officials may submit written requests to the
Secretary of Homeland Security, in accordance
with section 1229b(b)(6) of this title, to
permit the parole into the United States of
certain relatives of an alien described in
subparagraph (A)(i).
(C) State and local law enforcement.--The
Secretary of Homeland Security, in consultation
with the Attorney General, shall--
(i) develop materials to assist State
and local law enforcement officials in
working with Federal law enforcement to
obtain continued presence for victims
of a severe form of trafficking in
cases investigated or prosecuted at the
State or local level; and
(ii) distribute the materials
developed under clause (i) to State and
local law enforcement officials.
(4) Training of government personnel.--Appropriate
personnel of the Department of State, the Department of
Homeland Security, the Department of Health and Human
Services, the Department of Labor, the Equal Employment
Opportunity Commission, and the Department of Justice
shall be trained in identifying victims of severe forms
of trafficking and providing for the protection of such
victims, including juvenile victims. The Attorney
General and the Secretary of Health and Human Services,
in consultation with the Secretary of Labor, shall
provide training to State and local officials to
improve the identification and protection of such
victims.
* * * * * * *
Historical and Statutory Notes
Establishment of Pilot Program for Residential Rehabilitative
Facilities for Victims of Trafficking
Pub.L. 109-164, Title I, Sec. 102(b), Jan. 10, 2006, 119
Stat. 3561, as amended Pub. L. 110-457, Title III,
Sec. Sec. 302(1), 304(b), Dec. 23, 2008, 122 Stat. 5087,
provided that:
(1) Study.--
(A) In general.--Not later than 180 days
after the date of the enactment of this Act
[Jan. 10, 2006], the Administrator of the
United States Agency for International
Development shall carry out a study to identify
best practices for the rehabilitation of
victims of trafficking in group residential
facilities in foreign countries.
(B) Factors.--In carrying out the study under
subparagraph (A), the Administrator shall--
(i) investigate factors relating to
the rehabilitation of victims of
trafficking in group residential
facilities, such as the appropriate
size of such facilities, services to be
provided, length of stay, and cost; and
(ii) give consideration to ensure the
safety and security of victims of
trafficking, provide alternative
sources of income for such victims,
assess and provide for the educational
needs of such victims, including
literacy, and assess the psychological
needs of such victims and provide
professional counseling, as
appropriate.
(2) Pilot program.--Upon completion of the study
carried out pursuant to paragraph (1), the
Administrator of the United States Agency for
International Development shall establish and carry out
a pilot program to establish residential treatment
facilities in foreign countries for victims of
trafficking based upon the best practices identified in
the study.
(3) Purposes.--The purposes of the pilot program
established pursuant to paragraph (2) are to--
(A) provide benefits and services to victims
of trafficking, including shelter,
psychological counseling, and assistance in
developing independent living skills;
(B) assess the benefits of providing
residential treatment facilities for victims of
trafficking, as well as the most efficient and
cost-effective means of providing such
facilities; and
(C) assess the need for and feasibility of
establishing additional residential treatment
facilities for victims of trafficking.
(4) Selection of sites.--The Administrator of the
United States Agency for International Development
shall select 2 sites at which to operate the pilot
program established pursuant to paragraph (2).
(5) Form of assistance.--In order to carry out the
responsibilities of this subsection, the Administrator
of the United States Agency for International
Development shall enter into contracts with, or make
grants to, organizations with relevant expertise in the
delivery of services to victims of trafficking.
(6) Report.--Not later than one year after the date
on which the first pilot program is established
pursuant to paragraph (2), the Administrator of the
United States Agency for International Development
shall submit to the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign
Relations of the Senate a report on the implementation
of this subsection.
[(7) Authorization of appropriations.--There are
authorized to be appropriated to the Administrator of
the United States Agency for International Development
to carry out this subsection $2,500,000 for each of the
fiscal years 2008 through 2011.]
* * * * * * *
SEC. 7106. MINIMUM REQUIREMENTS FOR THE ELIMINATION OF TRAFFICKING.
(a) Minimum Standards.--For purposes of this chapter, the
minimum standards for the elimination of trafficking applicable
to the government of a country of origin, transit, or
destination for victims of severe forms of trafficking are the
following:
(1) The government of the country should prohibit
severe forms of trafficking in persons and punish acts
of such trafficking.
(2) For the knowing commission of any act of sex
trafficking involving force, fraud, coercion, or in
which the victim of sex trafficking is a child
incapable of giving meaningful consent, or of
trafficking which includes rape or kidnapping or which
causes a death, the government of the country should
prescribe punishment commensurate with that for grave
crimes, such as forcible sexual assault.
(3) For the knowing commission of any act of a severe
form of trafficking in persons, the government of the
country should prescribe punishment that is
sufficiently stringent to deter and that adequately
reflects the heinous nature of the offense.
(4) The government of the country should make serious
and sustained efforts to eliminate severe forms of
trafficking in persons.
(b) Criteria.--In determinations under subsection (a)(4) of
this section, the following factors should be considered as
indicia of serious and sustained efforts to eliminate severe
forms of trafficking in persons:
(1) Whether the government of the country vigorously
investigates and prosecutes acts of severe forms of
trafficking in persons, and convicts and sentences
persons responsible for such acts, that take place
wholly or partly within the territory of the country,
including, as appropriate, requiring incarceration of
individuals convicted of such acts. For purposes of the
preceding sentence, suspended or significantly-reduced
sentences for convictions of principal actors in cases
of severe forms of trafficking in persons shall be
considered, on a case-by-case basis, whether to be
considered an indicator of serious and sustained
efforts to eliminate severe forms of trafficking in
persons. After reasonable requests from the Department
of State for data regarding investigations,
prosecutions, convictions, and sentences, a government
which does not provide such data, consistent with the
capacity of such government to obtain such data, shall
be presumed not to have vigorously investigated,
prosecuted, convicted or sentenced such acts. During
the periods prior to the annual report submitted on
June 1, 2004, and on June 1, 2005, and the periods
afterwards until September 30 of each such year, the
Secretary of State may disregard the presumption
contained in the preceding sentence if the government
has provided some data to the Department of State
regarding such acts and the Secretary has determined
that the government is making a good faith effort to
collect such data.
(2) Whether the government of the country protects
victims of severe forms of trafficking in persons and
encourages their assistance in the investigation and
prosecution of such trafficking, including provisions
for legal alternatives to their removal to countries in
which they would face retribution or hardship, and
ensures that victims are not inappropriately
incarcerated, fined, or otherwise penalized solely for
unlawful acts as a direct result of being trafficked,
including by providing training to law enforcement and
immigration officials regarding the identification and
treatment of trafficking victims using approaches that
focus on the needs of the victims.
(3) Whether the government of the country has adopted
measures to prevent severe forms of trafficking in
persons, such as measures to inform and educate the
public, including potential victims, about the causes
and consequences of severe forms of trafficking in
persons, measures to establish the identity of local
populations, including birth registration, citizenship,
and nationality, measures to ensure that its nationals
who are deployed abroad as part of a [peacekeeping]
diplomatic, peacekeeping, or other similar mission do
not engage in or facilitate severe forms of trafficking
in persons or exploit victims of such trafficking[, and
measures], a transparent system for remediating or
punishing such public officials as a deterrent,
measures to prevent the use of forced labor or child
labor in violation of international standards,
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.
(4) Whether the government of the country cooperates
with other governments in the investigation and
prosecution of severe forms of trafficking in persons
and has entered into bilateral, multilateral, or
regional law enforcement cooperation and coordination
arrangements with source, transit, and destination
countries in its trafficking route.
(5) Whether the government of the country extradites
persons charged with acts of severe forms of
trafficking in persons on substantially the same terms
and to substantially the same extent as persons charged
with other serious crimes (or, to the extent such
extradition would be inconsistent with the laws of such
country or with international agreements to which the
country is a party, whether the government is taking
all appropriate measures to modify or replace such laws
and treaties so as to permit such extradition).
(6) Whether the government of the country monitors
immigration and emigration patterns for evidence of
severe forms of trafficking in persons and whether law
enforcement agencies of the country respond to any such
evidence in a manner that is consistent with the
vigorous investigation and prosecution of acts of such
trafficking, as well as with the protection of human
rights of victims and the internationally recognized
human right to leave any country, including one's own,
and to return to one's own country.
(7) Whether the government of the country vigorously
investigates, prosecutes, convicts, and sentences
public officials, including diplomats and soldiers, who
participate in or facilitate severe forms of
trafficking in persons, including nationals of the
country who are deployed abroad as part of a
[peacekeeping] diplomatic, peacekeeping, or other
similar mission who engage in or facilitate severe
forms of trafficking in persons or exploit victims of
such trafficking, and takes all appropriate measures
against officials who condone such trafficking. A
government's failure to appropriately address public
allegations against such public officials, especially
once such officials have returned to their home
countries, shall be considered inaction under these
criteria. After reasonable requests from the Department
of State for data regarding such investigations,
prosecutions, convictions, and sentences, a government
which does not provide such data consistent with its
resources shall be presumed not to have vigorously
investigated, prosecuted, convicted, or sentenced such
acts. During the periods prior to the annual report
submitted on June 1, 2004, and on June 1, 2005, and the
periods afterwards until September 30 of each such
year, the Secretary of State may disregard the
presumption contained in the preceding sentence if the
government has provided some data to the Department of
State regarding such acts and the Secretary has
determined that the government is making a good faith
effort to collect such data.
(8) Whether the percentage of victims of severe forms
of trafficking in the country that are non-citizens of
such countries is insignificant.
(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.
[(9)] (10) Whether the government of the country,
consistent with the capacity of such government,
systematically monitors its efforts to satisfy the
criteria described in paragraphs (1) through (8) and
makes available publicly a periodic assessment of such
efforts.
[(10)] (11) Whether the government of the country
achieves appreciable progress in eliminating severe
forms of trafficking when compared to the assessment in
the previous year.
[(11)] (12) Whether the government of the country has
made serious and sustained efforts to reduce the demand
for--
(A) commercial sex acts; and
(B) participation in international sex
tourism by nationals of the country.
SEC. 7107. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM
STANDARDS.
(a) Statement of Policy.--It is the policy of the United
States not to provide nonhumanitarian, nontrade-related foreign
assistance to any government that--
(1) does not comply with minimum standards for the
elimination of trafficking; and
(2) is not making significant efforts to bring itself
into compliance with such standards.
(b) Reports to Congress.--
(1) Annual report.--Not later than June 1 of each
year, the Secretary of State shall submit to the
appropriate congressional committees a report [with
respect to the status of severe forms of trafficking in
persons that shall include--] describing the anti-
trafficking efforts of governments according to the
minimum standards and criteria enumerated in section
7106, and the nature and scope of trafficking in
persons in each country and analysis of the trend lines
for individual governmental efforts. The report should
include--
(A) a list of those countries, if any, to
which the minimum standards for the elimination
of trafficking are applicable and whose
governments fully comply with such standards;
(B) a list of those countries, if any, to
which the minimum standards for the elimination
of trafficking are applicable and whose
governments do not yet fully comply with such
standards but are making significant efforts to
bring themselves into [compliance;] compliance,
including the identification and mention of
governments that--
(i) are on such list and have
demonstrated exemplary progress in
their efforts to reach the minimum
standards; or
(ii) have committed to 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) a list of those countries, if any, to
which the minimum standards for the elimination
of trafficking are applicable and whose
governments do not fully comply with such
standards and are not making significant
efforts to bring themselves into compliance;
(D) information on the measures taken by the
United Nations, the Organization for Security
and Cooperation in Europe, the North Atlantic
Treaty Organization and, as appropriate, other
multilateral organizations in which the United
States participates, to prevent the involvement
of the organization's employees, contractor
personnel, and peacekeeping forces in
trafficking in persons or the exploitation of
victims of trafficking;
(E) reporting and analysis on the emergence
or shifting of global patterns in human
trafficking, including data on the number of
victims trafficked to, through, or from major
source and destination countries, disaggregated
by nationality, gender, and age, to the extent
possible[; and];
(F) emerging issues in human trafficking[.];
and
(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) Interim reports.--In addition to the annual
report under paragraph (1), the Secretary of State may
submit to the appropriate congressional committees at
any time one or more interim reports with respect to
the status of severe forms of trafficking in persons,
including information about countries whose
governments--
[(A) have come into or out of compliance with
the minimum standards for the elimination of
trafficking; or
[(B) have begun or ceased to make significant
efforts to bring themselves into compliance,
since the transmission of the last annual
report.]
[(3)] (2) Special watch list.--
(A) Submission of list.--Not later than the
date on which the determinations described in
subsections (c) and (d) of this section are
submitted to the appropriate congressional
committees in accordance with such subsections,
the Secretary of State shall submit to the
appropriate congressional committees a list of
countries that the Secretary determines
requires special scrutiny during the following
year. The list shall be composed of the
following countries:
(i) Countries that have been listed
pursuant to paragraph (1)(A) in the
current annual report and were listed
pursuant to paragraph (1)(B) in the
previous annual report.
(ii) Countries that have been listed
pursuant to paragraph (1)(B) pursuant
to the current annual report and were
listed pursuant to paragraph (1)(C) in
the previous annual report.
(iii) Countries that have been listed
pursuant to paragraph (1)(B) pursuant
to the current annual report, where--
(I) the absolute number of
victims of severe forms of
trafficking is very significant
or is significantly increasing;
(II) there is a failure to
provide evidence of increasing
efforts to combat severe forms
of trafficking in persons from
the previous year, including
increased investigations,
prosecutions and convictions of
trafficking crimes, increased
assistance to victims, and
decreasing evidence of
complicity in severe forms of
trafficking by government
officials; or
(III) the determination that
a country is making significant
efforts to bring themselves
into compliance with minimum
standards was based on
commitments by the country to
take additional future steps
over the next year.
(B) Interim assessment.--Not later than
February 1st of each year, the Secretary of
State shall provide to the appropriate
congressional committees an assessment of the
progress that each country on the special watch
list described in subparagraph (A) has made
since the last annual report.
(C) Relation of special watch list to annual
trafficking in persons report.--A determination
that a country shall not be placed on the
special watch list described in subparagraph
(A) shall not affect in any way the
determination to be made in the following year
as to whether a country is complying with the
minimum standards for the elimination of
trafficking or whether a country is making
significant efforts to bring itself into
compliance with such standards.
(D) Countries on special watch list for 2
consecutive years.--
(i) In general.--Except as provided
under clause (ii), a country that is
included on the special watch list
described in subparagraph (A) for 2
consecutive years after December 23,
2008, shall be included on the list of
countries described in paragraph
(1)(C).
(ii) Exercise of waiver authority.--
The President may waive the application
of clause (i) for up to 2 years if the
President determines, and reports
credible evidence to the Committee on
Foreign Relations of the Senate and the
Committee on Foreign Affairs of the
House of Representatives, that such a
waiver is justified because--
(I) the country has a written
plan to begin making
significant efforts to bring
itself into compliance with the
minimum standards for the
elimination of trafficking;
(II) the plan, if
implemented, would constitute
making such significant
efforts; and
(III) the country is devoting
sufficient resources to
implement the plan.
(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
(D)(ii), 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.
[(4)] (3) Significant efforts.--In determinations
under paragraph (1) or (2) as to whether the government
of a country is making significant efforts to bring
itself into compliance with the minimum standards for
the elimination of trafficking, the Secretary of State
shall consider--
(A) the extent to which the country is a
country of origin, transit, or destination for
severe forms of trafficking;
(B) the extent of noncompliance with the
minimum standards by the government and,
particularly, the extent to which officials or
employees of the government have participated
in, facilitated, condoned, or are otherwise
complicit in severe forms of trafficking; and
(C) what measures are reasonable to bring the
government into compliance with the minimum
standards in light of the resources and
capabilities of the government.
(c) Notification.--Not less than 45 days or more than 90
days after the submission, on or after January 1, 2003, of an
annual report under subsection (b)(1) of this section, or an
interim report under subsection (b)(2) of this section, the
President shall submit to the appropriate congressional
committees a notification of one of the determinations listed
in subsection (d) of this section with respect to each foreign
country whose government, according to such report--
(1) does not comply with the minimum standards for
the elimination of trafficking; and
(2) is not making significant efforts to bring itself
into compliance, as described in subsection (b)(1)(C)
of this section.
(d) Presidential Determinations.--The determinations
referred to in subsection (c) of this section are the
following:
(1) Withholding of nonhumanitarian, nontrade-related
assistance.--The President has determined that--
(A)(i) the United States will not provide
nonhumanitarian, nontrade-related foreign
assistance to the government of the country for
the subsequent fiscal year until such
government complies with the minimum standards
or makes significant efforts to bring itself
into compliance; or
(ii) in the case of a country whose
government received no nonhumanitarian,
nontrade-related foreign assistance from the
United States during the previous fiscal year,
the United States will not provide such
assistance to the government of the country for
the subsequent fiscal year and will not provide
funding for participation by officials or
employees of such governments in educational
and cultural exchange programs for the
subsequent fiscal year until such government
complies with the minimum standards or makes
significant efforts to bring itself into
compliance; and
(B) the President will instruct the United
States Executive Director of each multilateral
development bank and of the International
Monetary Fund to vote against, and to use the
Executive Director's best efforts to deny, any
loan or other utilization of the funds of the
respective institution to that country (other
than for humanitarian assistance, for trade-
related assistance, or for development
assistance which directly addresses basic human
needs, is not administered by the government of
the sanctioned country, and confers no benefit
to that government) for the subsequent fiscal
year until such government complies with the
minimum standards or makes significant efforts
to bring itself into compliance.
(2) Ongoing, multiple, broad-based restrictions on
assistance in response to human rights violations.--The
President has determined that such country is already
subject to multiple, broad-based restrictions on
assistance imposed in significant part in response to
human rights abuses and such restrictions are ongoing
and are comparable to the restrictions provided in
paragraph (1). Such determination shall be accompanied
by a description of the specific restriction or
restrictions that were the basis for making such
determination.
(3) Subsequent compliance.--The Secretary of State
has determined that the government of the country has
come into compliance with the minimum standards or is
making significant efforts to bring itself into
compliance.
(4) Continuation of assistance in the national
interest.--Notwithstanding the failure of the
government of the country to comply with minimum
standards for the elimination of trafficking and to
make significant efforts to bring itself into
compliance, the President has determined that the
provision to the country of nonhumanitarian, nontrade-
related foreign assistance or funding for participation
in educational and cultural exchange programs, or the
multilateral assistance described in paragraph (1)(B),
or both, would promote the purposes of this chapter or
is otherwise in the national interest of the United
States.
(5) Exercise of waiver authority.--
(A) In general.--The President may exercise
the authority under paragraph (4) with respect
to--
(i) all nonhumanitarian, nontrade-
related foreign assistance or funding
for participation in educational and
cultural exchange programs to a
country;
(ii) all multilateral assistance
described in paragraph (1)(B) to a
country; or
(iii) one or more programs, projects,
or activities of such assistance.
(B) Avoidance of significant adverse
effects.--The President shall exercise the
authority under paragraph (4) when necessary to
avoid significant adverse effects on vulnerable
populations, including women and children.
(6) Definition of multilateral development bank.--In
this subsection, the term ``multilateral development
bank'' refers to any of the following institutions: the
International Bank for Reconstruction and Development,
the International Development Association, the
International Finance Corporation, the Inter-American
Development Bank, the Asian Development Bank, the
Inter-American Investment Corporation, the African
Development Bank, the African Development Fund, the
European Bank for Reconstruction and Development, and
the Multilateral Investment Guaranty Agency.
(e) Certification.--Together with any notification under
subsection (c) of this section, the President shall provide a
certification by the Secretary of State that, with respect to
any assistance described in clause (ii), (iii), or (v) of
[section 7102(7)(A)] section 7102(8)(A) of this title, or with
respect to any assistance described in [section 7102(7)(B)]
section 7102(8)(B) of this title, no assistance is intended to
be received or used by any agency or official who has
participated in, facilitated, or condoned a severe form of
trafficking in persons.
(f) After the President has made a determination described
in subsection (d)(1) of this section with respect to the
government of a country, the President may at any time make a
determination described in paragraphs (4) and (5) of subsection
(d) of this section to waive, in whole or in part, the measures
imposed against the country by the previous determination under
subsection (d)(1) of this section.
* * * * * * *
SEC. 7109A. RESEARCH ON DOMESTIC AND INTERNATIONAL TRAFFICKING IN
PERSONS.
* * * * * * *
(b) Role of Human Smuggling and Trafficking Center.--
(1) In general.--The research initiatives described
in paragraphs (4) and (5) of subsection (a) shall be
carried out by the Human Smuggling and Trafficking
Center, established under section 1777 of Title 8.
(2) Database.--The database described in subsection
(a)(5) shall be established by combining all applicable
data collected by each Federal department and agency
represented on the Interagency Task Force to Monitor
and Combat Trafficking, consistent with the protection
of sources and methods, and, to the maximum extent
practicable, applicable data from relevant
international organizations, to--
(A) improve the coordination of the
collection of data related to trafficking in
persons by each agency of the United States
Government that collects such data;
(B) promote uniformity of such data
collection and standards and systems related to
such collection;
(C) undertake a meta-analysis of patterns of
trafficking in persons, slavery, and slave-like
conditions to develop and analyze global trends
in human trafficking;
(D) identify emerging issues in human
trafficking and establishing integrated methods
to combat them; and
(E) identify research priorities to respond
to global patterns and emerging issues.
(3) Consultation.--The database established in
accordance with paragraph (2) shall be maintained in
consultation with the Director of the Office to Monitor
and Combat Trafficking in Persons of the Department of
State.
(4) Authorization of appropriations.--There are
authorized to be appropriated [$2,000,000] $1,000,000
to the Human Smuggling and Trafficking Center for each
of the fiscal years [2008 through 2011] 2012 through
2015 to carry out the activities described in this
subsection.
* * * * * * *
SEC. 7109B. PRESIDENTIAL AWARD FOR EXTRAORDINARY EFFORTS AND
TECHNOLOGICAL INNOVATIONS TO COMBAT TRAFFICKING IN
PERSONS.
(a) Establishment of Award.--The President is authorized to
establish an award, to be known as the ``Presidential Award for
Extraordinary Efforts and technological innovations To Combat
Trafficking in Persons'', for extraordinary efforts to combat
trafficking in persons. To the maximum extent practicable, the
Secretary of State shall present the award annually to not more
than 5 individuals or organizations, including--
(1) individuals who are United States citizens or
foreign nationals; [and]
(2) United States or foreign nongovernmental
organizations[.];
(3) private sector entities; and
(4) national governments or regional and local
governmental units.
(b) Selection.--The President shall establish procedures
for selecting recipients of the award authorized under
subsection (a).
(c) Ceremony.--The Secretary of State shall host an annual
ceremony for recipients of the award authorized under
subsection (a) as soon as practicable after the date on which
the Secretary submits to Congress the report required under
section 7107(b)(1) of this title. The Secretary of State may
pay the travel costs of each recipient and a guest of each
recipient who attends the ceremony.
(d) Authorization of Appropriations.--There are authorized
to be appropriated, for each of the fiscal years 2008 through
2011, such sums as may be necessary to carry out this section.
* * * * * * *
SEC. 7110. AUTHORIZATIONS OF APPROPRIATIONS.
* * * * * * *
(a) Authorization of Appropriations in Support of the Task
Force.--To carry out the purposes of sections 7103(e), 7103(f)
and 7107 of this title, there are authorized to be appropriated
to the Secretary of State [$5,500,000 for each of the fiscal
years 2008 through 2011] $2,000,000 for each of the fiscal
years 2012 through 2015. In addition, there are authorized to
be appropriated to the Office to Monitor and Combat Trafficking
$1,500,000 for additional personnel, including regional
trafficking in persons officers, for each of the fiscal years
2008 through 2011[, and $3,000 for official reception and
representation expenses for each of the fiscal years 2008
through 2011].
(b) Authorization of Appropriations to the Secretary of
Health and Human Services.--
(1) Eligibility for benefits and assistance.--To
carry out the purposes of section 7105(b) of this
title, there are authorized to be appropriated to the
Secretary of Health and Human Services [$12,500,000 for
each of the fiscal years 2008 through 2011] $14,500,000
for each of the fiscal years 2012 through 2015.
(2) Additional benefits for trafficking victims.--To
carry out the purposes of section 7105(f) of this
title, there are authorized to be appropriated [to the
Secretary of Health and Human Services--] $8,000,000 to
the Secretary of Health and Human Services for each of
the fiscal years 2012 through 2015.
[(A) $2,500,000 for fiscal year 2008;
[(B) $5,000,000 for fiscal year 2009;
[(C) $7,000,000 for fiscal year 2010; and
[(D) $7,000,000 for fiscal year 2011.]
(c) Authorization of Appropriations to the Secretary of
State.--
(1) Bilateral assistance to combat trafficking.--
(A) Prevention.--To carry out the purposes of
section 7104 of this title, there are
authorized to be appropriated to the Secretary
of State $10,000,000 for each of the fiscal
years [2008 through 2011] 2012 through 2015.
(B) Protection.--To carry out the purposes of
section 7105(a) of this title, there are
authorized to be appropriated to the Secretary
of State [$15,000,000 for fiscal year 2003 and
$10,000,000 for each of the fiscal years 2008
through 2011] $10,000,000 for each of the
fiscal years 2012 through 2015. To carry out
the purposes of section 7105(a)(1)(F) of this
title, there are authorized to be appropriated
to the Secretary of State $1,000,000 for each
of the fiscal years [2008 through 2011] 2012
through 2015.
(C) Prosecution and meeting minimum
standards.--To carry out the purposes of
section 2152d of this title, there are
authorized to be appropriated $10,000,000 for
each of the fiscal years [2008 through 2011]
2012 through 2015 to assist in promoting
prosecution of traffickers and otherwise to
assist countries in meeting the minimum
standards described in section 7106 of this
title, including $250,000 for each such fiscal
year to carry out training activities for law
enforcement officers, prosecutors, and members
of the judiciary with respect to trafficking in
persons at the International Law Enforcement
Academies.
(2) Preparation of annual country reports on
human rights.--To carry out the purposes of
sections 2151n(f) and 2304(h) of this title,
there are authorized to be appropriated to the
Secretary of State such sums as may be
necessary to include the additional information
required by that section in the annual Country
Reports on Human Rights Practices.
(d) Authorization of Appropriations to Attorney General.--
[(A)] (1) Eligibility for benefits and assistance.--
To carry out the purposes of section 7105(b) of this
title, there are authorized to be appropriated to the
Attorney General [$10,000,000 for each of the fiscal
years 2008 through 2011] $11,000,000 for each of the
fiscal years 2012 through 2015.
[(B)] (2) Assistance to foreign countries.--To carry
out the purposes of section 2152d of this title, there
are authorized to be appropriated to the President,
acting through the Attorney General and the Secretary
of State, $250,000 for each of fiscal years 2008
through 2011 to carry out training activities for law
enforcement officers, prosecutors, and members of the
judiciary with respect to trafficking in persons at the
International Law Enforcement Academies.
[(C)] (3) Additional benefits for trafficking
victims.--To carry out the purposes of section 7105(f)
of this title, there are authorized to be appropriated
[to the Attorney General--] $11,000,000 to the Attorney
General for each of the fiscal years 2012 through 2015.
[(i) $2,500,000 for fiscal year 2008;
[(ii) $5,000,000 for fiscal year 2009;
[(iii) $7,000,000 for fiscal year 2010; and
[(iv) $7,000,000 for fiscal year 2011.]
(e) Authorization of Appropriations to President.--
(1) Foreign victim assistance.--To carry out the
purposes of section 7104 of this title, there are
authorized to be appropriated to the President
[$15,000,000 for each of the fiscal years 2008 through
2011] $7,500,000 for each of the fiscal years 2012
through 2015.
(2) Assistance to foreign countries to meet minimum
standards.--To carry out the purposes of section 2152d
of this title, there are authorized to be appropriated
to the President [$15,000,000 for each of the fiscal
years 2008 through 2011] $7,500,000 for each of the
fiscal years 2012 through 2015.
(3) Research.--To carry out the purposes of section
7109a of this title, there are authorized to be
appropriated to the President $2,000,000 for each of
the fiscal years 2008 through 2011.
(f) Authorization of Appropriations to the Secretary of
Labor.--To carry out the purposes of section 7105(b) of this
title, there are authorized to be appropriated to the Secretary
of Labor [$10,000,000 for each of the fiscal years 2008 through
2011] $5,000,000 for each of the fiscal years 2012 through
2015.
(g) Limitation on Use of Funds.--
(1) Restriction on programs.--No funds made available
to carry out this chapter, or any amendment made by
this chapter, may be used to promote, support, or
advocate the legalization or practice of prostitution.
Nothing in the preceding sentence shall be construed to
preclude assistance designed to promote the purposes of
this Act by ameliorating the suffering of, or health
risks to, victims while they are being trafficked or
after they are out of the situation that resulted from
such victims being trafficked.
(2) Restriction on organizations.--No funds made
available to carry out this chapter, or any amendment
made by this division, may be used to implement any
program that targets victims of severe forms of
trafficking in persons described in [section
7102(8)(A)] section 7102(9)(A) of this title through
any organization that has not stated in either a grant
application, a grant agreement, or both, that it does
not promote, support, or advocate the legalization or
practice of prostitution. The preceding sentence shall
not apply to organizations that provide services to
individuals solely after they are no longer engaged in
activities that resulted from such victims being
trafficked.
(h) Authorization of Appropriations to Director of the
FBI.--There are authorized to be appropriated to the Director
of the Federal Bureau of Investigation $15,000,000 for each of
the fiscal years 2008 through 2011, to remain available until
expended, to investigate severe forms of trafficking in
persons.
(i) Authorization of Appropriations to the Secretary of
Homeland Security.--There are authorized to be appropriated to
the Secretary of Homeland Security, [$18,000,000 for each of
the fiscal years 2008 through 2011] $10,000,000 for each of the
fiscal years 2012 through 2015, to remain available until
expended, for investigations by the Bureau of Immigration and
Customs Enforcement of severe forms of trafficking in persons.
* * * * * * *
SEC. 7112. ADDITIONAL ACTIVITIES TO MONITOR AND COMBAT FORCED LABOR AND
CHILD LABOR.
(a) Activities of the Department of State.--
(1) Finding.--Congress finds that in the report
submitted to Congress by the Secretary of State in June
2005 pursuant to section 7107(b) of this title, the
list of countries whose governments do not comply with
the minimum standards for the elimination of
trafficking and are not making significant efforts to
bring themselves into compliance was composed of a
large number of countries in which the trafficking
involved forced labor, including the trafficking of
women into domestic servitude.
(2) Sense of congress.--It is the sense of Congress
that the Director of the Office to Monitor and Combat
Trafficking of the Department of State should intensify
the focus of the Office on forced labor in the
countries described in paragraph (1) and other
countries in which forced labor continues to be a
serious human rights concern.
(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).
(b) Activities of the Department of Labor.--
(1) In general.--The Secretary of Labor, acting
through the head of the Bureau of International Labor
Affairs of the Department of Labor, shall carry out
additional activities to monitor and combat forced
labor and child labor in foreign countries as described
in paragraph (2).
(2) Additional activities described.--The additional
activities referred to in paragraph (1) are--
(A) to monitor the use of forced labor and
child labor in violation of international
standards;
(B) to provide information regarding
trafficking in persons for the purpose of
forced labor to the Office to Monitor and
Combat Trafficking of the Department of State
for inclusion in trafficking in persons report
required by section 7107(b) of this title;
(C) to develop and make available to the
public a list of goods from countries that the
Bureau of International Labor Affairs has
reason to believe are produced by forced labor
or child labor in violation of international
standards;
(D) to work with persons who are involved in
the production of goods on the list described
in subparagraph (C) to create a standard set of
practices that will reduce the likelihood that
such persons will produce goods using the labor
described in such subparagraph; and
(E) to consult with other departments and
agencies of the United States Government to
reduce forced and child labor internationally
and ensure that products made by forced labor
and child labor in violation of international
standards are not imported into the United
States.
(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.
* * * * * * *
CHAPTER 85--NORTH KOREAN HUMAN RIGHTS
* * * * * * *
SEC. 7833. ASSISTANCE PROVIDED OUTSIDE NORTH KOREA.
(a) Assistance.--The President is authorized to provide
assistance to support organizations or persons that provide
humanitarian assistance to North Koreans who are outside of
North Korea without the permission of the Government of North
Korea.
(b) Types of Assistance.--Assistance provided under
subsection (a) of this section should be used to provide--
(1) humanitarian assistance to North Korean refugees,
defectors, migrants, and orphans outside of North
Korea, which may include support for refugee camps or
temporary settlements; and
(2) humanitarian assistance to North Korean women
outside of North Korea who are victims of trafficking,
as defined in [section 7102(14)] section 7102(15) of
this title, or are in danger of being trafficked.
(c) Authorization of Appropriations.--
(1) In general.--In addition to funds otherwise
available for such purposes, there are authorized to be
appropriated to the President $20,000,000 for each of
the fiscal years 2005 through 2012 to carry out this
section.
(2) Availability.--Amounts appropriated pursuant to
the authorization of appropriations under paragraph (1)
are authorized to remain available until expended.
* * * * * * *
TITLE 42--THE PUBLIC HEALTH AND WELFARE
* * * * * * *
CHAPTER 136--VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
* * * * * * *
SEC. 14044. PREVENTION OF DOMESTIC TRAFFICKING IN PERSONS.
* * * * * * *
(c) Authorization of Appropriations.--There are authorized
to be appropriated--
(1) $1,500,000 for each of the fiscal years 2008
through 2011 to carry out the activities described in
subsection (a)(1)(B)(i) and $1,500,000 for each of the
fiscal years 2008 through 2011 to carry out the
activities described in subsection (a)(1)(B)(ii); and
(2) [$1,000,000 for each of the fiscal years 2008
through 2011] $250,000 for each of the fiscal years
2012 through 2015 to carry out the activities described
in subsection (a)(2).
* * * * * * *
[SEC. 14044A. ESTABLISHMENT OF A GRANT PROGRAM TO DEVELOP, EXPAND, AND
STRENGTHEN ASSISTANCE PROGRAMS FOR CERTAIN PERSONS
SUBJECT TO TRAFFICKING.
[(a) Grant Program.--The Secretary of Health and Human
Services may make grants to States, Indian tribes, units of
local government, and nonprofit, nongovernmental victims'
service organizations to establish, develop, expand, and
strengthen assistance programs for United States citizens or
aliens admitted for permanent residence who are the subject of
sex trafficking or severe forms of trafficking in persons that
occurs, in whole or in part, within the territorial
jurisdiction of the United States.
[(b) Selection Factor.--In selecting among applicants for
grants under subsection (a) of this section, the Secretary
shall give priority to applicants with experience in the
delivery of services to persons who have been subjected to
sexual abuse or commercial sexual exploitation and to
applicants who would employ survivors of sexual abuse or
commercial sexual exploitation as a part of their proposed
project.
[(c) Limitation on Federal Share.--The Federal share of a
grant made under this section may not exceed 75 percent of the
total costs of the projects described in the application
submitted.
[(d) Authorization of appropriations.--There are authorized
to be appropriated $8,000,000 for each of the fiscal years 2008
through 2011 to carry out the activities described in this
section.]
SEC. 14404A. 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;
(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) 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, or a
comparable State law, against a minor.
(b) Sex Trafficking Block Grants.--
(1) Grants authorized.--
(A) In general.--The Assistant Attorney
General, in consultation with the Assistant
Secretary, may make block grants to 4 eligible
entities located in different regions of the
United States to combat sex trafficking of
minors.
(B) Requirement.--Not fewer than 1 of the
block grants made under subparagraph (A) shall
be awarded to an eligible entity with a State
population of less than 5,000,000.
(C) Grant amount.--Subject to the
availability of appropriations under subsection
(g) to carry out this section, each grant made
under this section shall be for an amount not
less than $1,500,000 and not greater than
$2,000,000.
(D) Duration.--
(i) In general.--A grant made under
this section shall be for a period of 1
year.
(ii) Renewal.--
(I) In general.--The
Assistant Attorney General may
renew a grant under this
section for up to 3 1-year
periods.
(II) Priority.--In making
grants in any fiscal year after
the first fiscal year in which
grants are made under this
section, the Assistant Attorney
General shall give priority to
an eligible entity that
received a grant in the
preceding fiscal year and is
eligible for renewal under this
subparagraph, taking into
account any evaluation of the
eligible entity conducted under
paragraph (4), if available.
(E) Consultation.--In carrying out this
section, the Assistant Attorney General shall
consult with the Assistant Secretary with
respect to--
(i) evaluations of grant recipients
under paragraph (4);
(ii) avoiding unintentional
duplication of grants; and
(iii) any other areas of shared
concern.
(2) Use of funds.--
(A) Allocation.--Not less than 67 percent of
each grant made under paragraph (1) shall be
used by the eligible entity to provide
residential care and services (as described in
clauses (i) through (iv) of subparagraph (B))
to minor victims of sex trafficking through
qualified nongovernmental organizations.
(B) Authorized activities.--Grants awarded
pursuant to paragraph (2) may be used for--
(i) providing residential care to
minor victims of sex trafficking,
including temporary or long-term
placement as appropriate;
(ii) providing 24-hour emergency
social services response for minor
victims of sex trafficking;
(iii) providing minor victims of sex
trafficking with clothing and other
daily necessities needed to keep such
victims from returning to living on the
street;
(iv) case management services for
minor victims of sex trafficking;
(v) mental health counseling for
minor victims of sex trafficking,
including specialized counseling and
substance abuse treatment;
(vi) legal services for minor victims
of sex trafficking;
(vii) specialized training for social
service providers, public sector
personnel, and private sector personnel
likely to encounter sex trafficking
victims on issues related to the sex
trafficking of minors and severe forms
of trafficking in persons;
(viii) outreach and education
programs to provide information about
deterrence and prevention of sex
trafficking of minors;
(ix) programs to provide treatment to
individuals charged or cited with
purchasing or attempting to purchase
sex acts in cases where--
(I) a treatment program can
be mandated as a condition of a
sentence, fine, suspended
sentence, or probation, or is
an appropriate alternative to
criminal prosecution; and
(II) the individual was not
charged with purchasing or
attempting to purchase sex acts
with a minor; and
(x) screening and referral of minor
victims of severe forms of trafficking
in persons.
(3) Application.--
(A) In general.--Each eligible entity
desiring a grant under this section shall
submit an application to the Assistant Attorney
General at such time, in such manner, and
accompanied by such information as the
Assistant Attorney General may reasonably
require.
(B) Contents.--Each application submitted
pursuant to subparagraph (A) shall--
(i) describe the activities for which
assistance under this section is
sought; and
(ii) provide such additional
assurances as the Assistant Attorney
General determines to be essential to
ensure compliance with the requirements
of this section.
(4) Evaluation.--The Assistant Attorney General shall
enter into a contract with an academic or non-profit
organization that has experience in issues related to
sex trafficking of minors and evaluation of grant
programs to conduct an annual evaluation of each grant
made under this section to determine the impact and
effectiveness of programs funded with the grant.
(c) Mandatory Exclusion.--An eligible entity that receives
a grant under this section that is found to have utilized grant
funds for any unauthorized expenditure or otherwise unallowable
cost shall not be eligible for any grant funds awarded under
the grant for 2 fiscal years following the year in which the
unauthorized expenditure or unallowable cost is reported.
(d) Compliance Requirement.--An eligible entity shall not
be eligible to receive a grant under this section if, during
the 5 fiscal years before the eligible entity submits an
application for the grant, the eligible entity has been found
to have violated the terms or conditions of a Government grant
program by utilizing grant funds for unauthorized expenditures
or otherwise unallowable costs.
(e) Administrative Cap.--The cost of administering the
grants authorized by this section shall not exceed 3 percent of
the total amount appropriated to carry out this section.
(f) Audit Requirement.--For fiscal years 2014 and 2015, the
Inspector General of the Department of Justice 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.
SEC. 14044C. ENHANCING STATE AND LOCAL EFFORTS TO COMBAT TRAFFICKING IN
PERSONS.
(a) Establishment of Grant Program for Law Enforcement.--
(1) In general.--The Attorney General may make grants
to States and local law enforcement agencies to
establish, develop, expand, or strengthen programs--
(A) to investigate and prosecute acts of
severe forms of trafficking in persons, and
related offenses[, which involve United States
citizens, or aliens admitted for permanent
residence, and] that occur, in whole or in
part, within the territorial jurisdiction of
the United States;
(B) to train law enforcement personnel how to
identify victims of severe forms of trafficking
in persons and related offenses;
[(B)](C) to investigate and prosecute persons
who engage in the purchase of commercial sex
acts;
[(C)](D) to educate persons charged with, or
convicted of, purchasing or attempting to
purchase commercial sex acts and prioritize the
investigations and prosecutions of those cases
involving minor victims; and
[(D)](E) to educate and train law enforcement
personnel in how to establish trust of persons
subjected to trafficking and encourage
cooperation with prosecution efforts.
(2) Definition.--In this subsection, the term
``related offenses'' includes violations of tax laws,
transacting in illegally derived proceeds, money
laundering, racketeering, and other violations of
criminal laws committed in connection with an act of
sex trafficking or a severe form of trafficking in
persons.
(b) Multi-disciplinary Approach Required.--Grants under
subsection (a) of this section may be made only for programs in
which the State or local law enforcement agency works
collaboratively with social service providers and relevant
nongovernmental organizations, including organizations with
experience in the delivery of services to persons who are the
subject of trafficking in persons.
(c) Limitation on Federal Share.--The Federal share of a
grant made under this section may not exceed 75 percent of the
total costs of the projects described in the application
submitted.
(d) No Limitation on Section 14044A Grant Applications.--An
entity that applies for a grant under section 202 is not
prohibited from also applying for a grant under this section.
[(d)] (e) Authorization of Appropriations.--There are
authorized to be appropriated to the Attorney General to carry
out this section [$20,000,000 for each of the fiscal years 2008
through 2011] $10,000,000 for each of the fiscal years 2012
through 2015.
(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. 14044E. DEFINITIONS.
In this part:
(1) Severe forms of trafficking in persons.--The term
``severe forms of trafficking in persons'' has the
meaning given the term in [section 7102(8)] section
7102(9) of Title 22.
(2) Sex trafficking.--The term ``sex trafficking''
has the meaning given the term in [section 7102(9)]
section 7102(10) of Title 22.
* * * * * * *
(3) Commercial sex act.--The term ``commercial sex
act'' has the meaning given the term in [section
7102(3)] section 7102(4) of Title 22.
SEC. 14044F. GRANTS FOR LAW ENFORCEMENT TRAINING PROGRAMS.
(a) Definitions.--In this section:
(1) Act of trafficking.--The term ``act of
trafficking'' means an act or practice described in
[paragraph (8)] paragraph (9) of section 7102 of Title
22.
(2) Eligible entity.--The term ``eligible entity''
means a State or a local government.
(3) State.--The term ``State'' means any State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, the United States
Virgin Islands, the Commonwealth of the Northern
Mariana Islands, American Samoa, and any other
territory or possession of the United States.
(4) Victim of trafficking.--The term ``victim of
trafficking'' means a person subjected to an act of
trafficking.