HR 3589 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 3589CommentsClose CommentsPermalink

To authorize appropriations for fiscal years 2012 and 2013 for the Trafficking Victims Protection Act of 2000, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

December 7, 2011CommentsClose CommentsPermalink

Mr. SMITH of New Jersey (for himself and Mr. ISSA) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Ways and Means, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To authorize appropriations for fiscal years 2012 and 2013 for the Trafficking Victims Protection Act of 2000, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Trafficking Victims Protection Reauthorization Act of 2011’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title and table of contents.CommentsClose CommentsPermalink

TITLE I--COMBATING INTERNATIONAL TRAFFICKING IN PERSONS

Sec. 101. Authority to restrict passports.CommentsClose CommentsPermalink





Sec. 102. Office To Monitor and Combat Modern Slavery and Other Forms of Human Trafficking.CommentsClose CommentsPermalink





Sec. 103. Prevention of trafficking.CommentsClose CommentsPermalink





Sec. 104. Reports to Congress.CommentsClose CommentsPermalink





Sec. 105. Temporary increase in fee for certain consular services.CommentsClose CommentsPermalink





Sec. 106. Additional activities to monitor and combat forced labor and child labor.CommentsClose CommentsPermalink





Sec. 107. Enhancing protection for children exploited abroad by United States citizens and permanent resident aliens.CommentsClose CommentsPermalink





Sec. 108. Sense of Congress on human trafficking in Cambodia.CommentsClose CommentsPermalink





Sec. 109. Prohibition on peacekeeping operations assistance to countries that recruit and use child soldiers and revision to national interest waiver under the Child Soldiers Prevention Act of 2008.CommentsClose CommentsPermalink





Sec. 110. Report on Internet-facilitated human trafficking.CommentsClose CommentsPermalink

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

Subtitle A--Amendments to the Trafficking Victims Protection Act of 2000

Sec. 201. Transfer of United States programming to the Attorney General.CommentsClose CommentsPermalink





Sec. 202. Interagency Task Force To Monitor and Combat Trafficking.CommentsClose CommentsPermalink





Sec. 203. Ensuring timely response to requests for continued presence.CommentsClose CommentsPermalink





Sec. 204. Report to Congress.CommentsClose CommentsPermalink

Subtitle B--Amendments to Title 18, United States Code

Sec. 211. Renaming of basic Federal trafficking statute.CommentsClose CommentsPermalink





Sec. 212. Clarifying trafficking definitions and prosecution.CommentsClose CommentsPermalink





Sec. 213. Fighting sex tourism.CommentsClose CommentsPermalink





Sec. 214. Identification documents.CommentsClose CommentsPermalink





Sec. 215. Fraud in foreign labor contracting as a Rico Predicate.CommentsClose CommentsPermalink

Subtitle C--Amendments to Other Laws

Sec. 221. Enhancing efforts to combat the trafficking of children.CommentsClose CommentsPermalink





Sec. 222. Improving local efforts to combat trafficking and sexual exploitation of children.CommentsClose CommentsPermalink





Sec. 223. Efforts to publicize the National Human Trafficking Resource Center hotline.CommentsClose CommentsPermalink

TITLE III--AUTHORIZATION OF APPROPRIATIONS

Sec. 301. Trafficking Victims Protection Act of 2000.CommentsClose CommentsPermalink





Sec. 302. Trafficking Victims Protection Reauthorization Act of 2005.CommentsClose CommentsPermalink





Sec. 303. Eligibility for assistance.CommentsClose CommentsPermalink





Sec. 304. Reporting requirements.CommentsClose CommentsPermalink

TITLE I--COMBATING INTERNATIONAL TRAFFICKING IN PERSONSCommentsClose CommentsPermalink

SEC. 101. AUTHORITY TO RESTRICT PASSPORTS.

(a) In General- The Secretary of State is authorized to--CommentsClose CommentsPermalink





(1) limit to 1 year or such period of time as the Secretary of State shall determine appropriate the period of validity of a passport issued to a sex offender; andCommentsClose CommentsPermalink





(2) revoke the passport or passport card of an individual who has been convicted by a court of competent jurisdiction in a foreign country of a sex offense.CommentsClose CommentsPermalink





(b) Limitation for Return to United States- Notwithstanding subsection (a), in no case shall a United States citizen convicted by a court of competent jurisdiction in a foreign country of a sex offense be precluded from entering the United States due to a passport revocation under such subsection.CommentsClose CommentsPermalink





(c) Reapplication- An individual whose passport or passport card was revoked pursuant to subsection (a)(2) may reapply for a passport or passport card at any time after such individual has returned to the United States.CommentsClose CommentsPermalink





(d) Definitions- For purposes of this section:CommentsClose CommentsPermalink





(1) SEX OFFENDER- The term ‘sex offender’ means an individual who is listed on the National Sex Offender Registry established pursuant to section 119 of the Sex Offender Registration and Notification Act (42 U.S.C. 16915).CommentsClose CommentsPermalink





(2) SEX OFFENSE- The term ‘sex offense’ means a sex offense as defined in section 111(5) of the Sex Offender Registration and Notification Act (42 U.S.C. 16915).CommentsClose CommentsPermalink

SEC. 102. OFFICE TO MONITOR AND COMBAT MODERN SLAVERY AND OTHER FORMS OF HUMAN TRAFFICKING.

(a) In General- Section 105(e) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(e)) is amended--CommentsClose CommentsPermalink





(1) in the heading, by striking ‘Office to Monitor and Combat Trafficking’ and inserting ‘Office To Monitor and Combat Modern Slavery and Other Forms of Human Trafficking’;CommentsClose CommentsPermalink





(2) in paragraph (1)--CommentsClose CommentsPermalink





(A) in the first sentence, by striking ‘Office to Monitor and Combat Trafficking’ and inserting ‘Office to Monitor and Combat Modern Slavery and Other Forms of Human Trafficking’; andCommentsClose CommentsPermalink





(B) in the second sentence--CommentsClose CommentsPermalink





(i) by striking ‘a Director’ and inserting ‘an Ambassador-at-Large for Combating Human Trafficking (referred to in this section as the ‘Ambassador’)’;CommentsClose CommentsPermalink





(ii) by striking ‘with the rank’ and inserting ‘with the rank and status’; andCommentsClose CommentsPermalink





(iii) in the third, fourth, and fifth sentences, by striking ‘Director’ each place it appears and inserting ‘Ambassador’; andCommentsClose CommentsPermalink





(3) in paragraph (2)--CommentsClose CommentsPermalink





(A) by striking ‘Director’ each place it appears and inserting ‘Ambassador’; andCommentsClose CommentsPermalink





(B) in subparagraph (B), by striking ‘Office to Monitor and Combat Trafficking’ each place it appears and inserting ‘Office to Monitor and Combat Modern Slavery and Other Forms of Human Trafficking’.CommentsClose CommentsPermalink





(b) Conforming Amendments- Any reference in the Trafficking Victims Protection Act of 2000 or in any other Act to the Office to Monitor and Combat Trafficking or to the Director of the Office to Monitor and Combat Trafficking shall be deemed to be a reference to the Office To Monitor and Combat Modern Slavery and Other Forms of Human Trafficking or to the Ambassador-at-Large for Combating Human Trafficking, respectively.CommentsClose CommentsPermalink

SEC. 103. PREVENTION OF TRAFFICKING.

(a) Economic Alternatives To Prevent and Deter Trafficking- Section 106(a) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(a)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘The President’ and inserting the following:CommentsClose CommentsPermalink





‘(1) IN GENERAL- The President’;CommentsClose CommentsPermalink





(2) in paragraph (1) (as redesignated), by inserting ‘targeted’ after ‘carry out’;CommentsClose CommentsPermalink





(3) by striking ‘Such initiatives’ and inserting the following:CommentsClose CommentsPermalink





‘(2) INITIATIVES- Such initiatives’;CommentsClose CommentsPermalink





(4) by redesignating paragraphs (1) through (5) that follow paragraph (2) (as redesignated) as subparagraphs (A) through (E), respectively, and by moving the margins two ems to the right;CommentsClose CommentsPermalink





(5) in paragraph (2) (as redesignated)--CommentsClose CommentsPermalink





(A) in subparagraph (A) (as redesignated), by inserting ‘and micro-enterprise’ after ‘microcredit’;CommentsClose CommentsPermalink





(B) in subparagraph (D) (as redesignated), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(C) in subparagraph (E) (as redesignated), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(D) by adding at the end the following:CommentsClose CommentsPermalink





‘(F) public-private partnerships to generate youth employment opportunities.’; andCommentsClose CommentsPermalink





(6) by adding at the end the following:CommentsClose CommentsPermalink





‘(3) PRIORITY FOR POTENTIAL VICTIMS OF TRAFFICKING- In carrying out such initiatives, the President may give priority to the following persons who are potential victims of trafficking:CommentsClose CommentsPermalink





‘(A) Stateless persons.CommentsClose CommentsPermalink





‘(B) Refugees and internally displaced persons.CommentsClose CommentsPermalink





‘(C) Persons who lack access to legal representation or are otherwise marginalized.CommentsClose CommentsPermalink





‘(D) Persons from regions of limited social protections or educational or economic options for women, particularly persons who are victims of sexual abuse or exploitation.CommentsClose CommentsPermalink





‘(E) Persons from regions of high undocumented migration or displacement resulting from violent conflict or natural disasters.CommentsClose CommentsPermalink





‘(F) Persons from regions with high rates of child labor, child abandonment, or child sex tourism.CommentsClose CommentsPermalink





‘(G) Persons who meet one or more of the criteria in subparagraphs (A) through (F).’.CommentsClose CommentsPermalink





(b) Prevention of Trafficking in Conjunction With Post-Conflict and Humanitarian Emergency Assistance- Section 106(h) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(h)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘The’ and inserting the following:CommentsClose CommentsPermalink





‘(1) INCORPORATION OF MEASURES INTO EXISTING PROGRAMS- The’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) AUTHORIZATION OF ASSISTANCE TO SPECIFICALLY ADDRESS POST-CONFLICT AND HUMANITARIAN EMERGENCIES- The Secretary of State, acting through the Ambassador-at-Large for Combating Human Trafficking, is authorized to provide assistance on an urgent basis for vulnerable populations at risk of severe forms of trafficking in persons in conjunction with post-conflict situations and humanitarian emergencies.’.CommentsClose CommentsPermalink

SEC. 104. REPORTS TO CONGRESS.

Section 110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) in the matter preceding subparagraph (A), by inserting ‘, acting through the Ambassador-at-Large for Combating Human Trafficking,’ after ‘Secretary of State’;CommentsClose CommentsPermalink





(B) in subparagraph (E), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(C) by redesignating subparagraph (F) as subparagraph (I); andCommentsClose CommentsPermalink





(D) by inserting after subparagraph (E) the following:CommentsClose CommentsPermalink





‘(F) a section entitled ‘Best Practices in Slavery Eradication’ to highlight innovations in prevention, protection, and prosecution of the perpetrators of trafficking, as well as public-private partnerships;CommentsClose CommentsPermalink





‘(G) a section entitled ‘Refugee-Trafficking Connection’ to highlight the vulnerability of refugee populations to human trafficking and to make recommendations for the prevention of refugee trafficking;CommentsClose CommentsPermalink





‘(H) an assessment of the actions taken by the Department of State and the Department of Justice to investigate allegations of trafficking or abuse of nonimmigrants holding an A-3 visa or a G-5 visa (as such terms are defined in section 203(f) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008), results of such investigations; and’; andCommentsClose CommentsPermalink





(2) in paragraph (2), by inserting ‘, acting through the Ambassador-at-Large for Combating Human Trafficking,’ after ‘Secretary of State’.CommentsClose CommentsPermalink

SEC. 105. TEMPORARY INCREASE IN FEE FOR CERTAIN CONSULAR SERVICES.

Section 239(c) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1351 note) is amended by striking ‘the date that is 3 years after the first date on which such increased fee is collected’ and inserting ‘September 30, 2015’.CommentsClose CommentsPermalink

SEC. 106. ADDITIONAL ACTIVITIES TO MONITOR AND COMBAT FORCED LABOR AND CHILD LABOR.

(a) In General- Section 105(b) of the Trafficking Victims Protection Reauthorization Act of 2005 (22 U.S.C. 7112(b)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by inserting ‘and the United States’ after ‘foreign countries’; andCommentsClose CommentsPermalink





(2) in paragraph (2)(C)--CommentsClose CommentsPermalink





(A) by inserting ‘and Congress’ after ‘public’; andCommentsClose CommentsPermalink





(B) by inserting ‘, including the United States,’ after ‘countries’.CommentsClose CommentsPermalink





(b) Additional Activities of the Department of State- Section 105 of the Trafficking Victims Protection Reauthorization Act of 2005 (22 U.S.C. 7112) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(c) Additional Activities of the Department of State-CommentsClose CommentsPermalink





‘(1) SHORT TITLE- This subsection may be cited as the ‘Business Transparency on Trafficking and Slavery Act’.CommentsClose CommentsPermalink





‘(2) DISCLOSURE- The Secretary of State, acting through the Ambassador-at-Large for Combating Human Trafficking, shall encourage any person described in paragraph (3)(B) to disclose on an annual basis on the person’s website and to the Secretary of State any measures such person has taken during the year to identify and address conditions of forced labor, slavery, human trafficking, and the worst forms of child labor within such person’s supply chains. Such disclosure should include the following information under a heading ‘Policies to Address Forced Labor, Slavery, Human Trafficking and the Worst Forms of Child Labor’ describing to what extent, if any, the person conducts any of the following activities:CommentsClose CommentsPermalink





‘(A) Maintains a policy to identify and eliminate risks of forced labor, slavery, human trafficking, and the worst forms of child labor within its supply chain. If the person maintains such a policy, the disclosure should include the text of the policy or a substantive description of the elements of the policy.CommentsClose CommentsPermalink





‘(B) Maintains a policy prohibiting the use of the person’s corporate products, facilities, or services to obtain or maintain someone under conditions of forced labor, slavery, human trafficking, and the worst forms of child labor.CommentsClose CommentsPermalink





‘(C) Engages in verification of product supply chains to evaluate and address risks of forced labor, slavery, human trafficking and the worst forms of child labor. The disclosure should--CommentsClose CommentsPermalink





‘(i) describe the greatest risks identified within the supply chain, and the measures taken toward eliminating those risks;CommentsClose CommentsPermalink





‘(ii) specify whether the verification was or was not conducted by a third party; andCommentsClose CommentsPermalink





‘(iii) specify whether the verification process includes consultations with independent unions, workers’ associations, or workers within workplaces and incorporates the resulting certification or written comments from such independent union, workers’ associations, or workers.CommentsClose CommentsPermalink





‘(D) Ensures that audits of suppliers are conducted to evaluate supplier compliance with the person’s company standards for eliminating forced labor, slavery, human trafficking, and the worst forms of child labor in supply chains. The disclosure should specify if the verification was not an independent, unannounced audit.CommentsClose CommentsPermalink





‘(E) Assesses supply chain management and procurement systems of suppliers in the person’s supply chain, to verify whether said suppliers have in place appropriate systems to identify risks of forced labor, slavery, human trafficking, and the worst forms of child labor within their own supply chain.CommentsClose CommentsPermalink





‘(F) Requires suppliers in its supply chain to certify that materials incorporated into the product comply with the laws regarding forced labor, slavery, human trafficking, and the worst forms of child labor of the country or countries in which they are doing business.CommentsClose CommentsPermalink





‘(G) Maintains internal accountability standards, supply chain management and procurement systems, and procedures for employees or contractors failing to meet the person’s company standards regarding forced labor, slavery, human trafficking, and the worst forms of child labor. The disclosure should describe such standards and systems.CommentsClose CommentsPermalink





‘(H) Provides the person’s employees and management who have direct responsibility for supply chain management, training on forced labor, slavery, human trafficking and the worst forms of child labor, particularly with respect to mitigating risks within the supply chains of products.CommentsClose CommentsPermalink





‘(I) Ensures that recruitment practices at all suppliers comply with the person’s company standards for eliminating exploitive labor practices that contribute to forced labor, slavery, human trafficking, and the worst forms of child labor, including by conducting audits of labor recruiters and disclosing the results of such audits.CommentsClose CommentsPermalink





‘(J) In cases where forced labor, slavery, human trafficking, and the worst forms of child labor have been identified within the supply chain, ensures that remediation is provided to those who have been identified as victims.CommentsClose CommentsPermalink





‘(3) DEFINITIONS- In this subsection--CommentsClose CommentsPermalink





‘(A) the term ‘forced labor, slavery, human trafficking and the worst forms of child labor’ means child labor in violation of international standards including International Labor Organization Convention No. 182 and acts that would violate the criminal provisions related to slavery and human trafficking under chapter 77 of title 18 if they had been committed within the jurisdiction of the United States;CommentsClose CommentsPermalink





‘(B) the term ‘person’ means any publicly-traded or private entity wherever located, carrying out business operations in the United States, and having annual worldwide global receipts in excess of $100,000,000;CommentsClose CommentsPermalink





‘(C) the term ‘remediation’ means the activities or systems that a company puts in place to address non-compliance with the standards identified through monitoring or verification, which may apply to individuals adversely affected by the non-compliant conduct or address broader systematic processes;CommentsClose CommentsPermalink





‘(D) the term ‘supply chain’, with respect to a person making the disclosure described in subsection (a), means all suppliers of products, component parts of products, and raw materials used by such person in the manufacturing of such person’s products or the provision of such person’s services, whether or not such person has a direct relationship with the supplier; andCommentsClose CommentsPermalink





‘(E) the term ‘verification’ means the process by which a company is evaluated to determine compliance with its documented program, including standards on forced labor, slavery, human trafficking, and the worst forms of child labor, including an evaluation of--CommentsClose CommentsPermalink





‘(i) data gathered through monitoring activities to ensure results are reliable and process is credible; andCommentsClose CommentsPermalink





‘(ii) the system established to remediate violations to determine if remediation is implemented and effective.’.CommentsClose CommentsPermalink

SEC. 107. ENHANCING PROTECTION FOR CHILDREN EXPLOITED ABROAD BY UNITED STATES CITIZENS AND PERMANENT RESIDENT ALIENS.

Section 2423 of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (c)--CommentsClose CommentsPermalink





(A) by inserting ‘or engages in travel affecting’ before ‘foreign commerce’; andCommentsClose CommentsPermalink





(B) by inserting ‘(even if residing, whether temporarily or permanently, in a foreign jurisdiction)’ after ‘foreign commerce’; andCommentsClose CommentsPermalink





(2) by inserting after subsection (g) the following:CommentsClose CommentsPermalink





‘(h) Non-Defenses- It is not a defense to a prosecution under subsection (c), based on illicit sexual conduct, that the defendant is not criminally liable or is subject to reduced criminal liability due to the de jure or de facto acceptance of the illicit conduct in the foreign jurisdiction in which the defendant travels or resides.’.CommentsClose CommentsPermalink

SEC. 108. SENSE OF CONGRESS ON HUMAN TRAFFICKING IN CAMBODIA.

(a) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) According to notable news sources, the Kingdom of Cambodia remains a ‘magnet’ for those who sexually prey on the young.CommentsClose CommentsPermalink





(2) Human Rights Watch reports that ‘human trafficking of women and girls into sex work is a problem in Cambodia, fuelled by corruption and a lack of political will to prosecute traffickers’.CommentsClose CommentsPermalink





(3) According to Human Rights Watch, ‘Cambodia is plagued not only by widespread abuses committed by officials, but impunity for perpetrators.’.CommentsClose CommentsPermalink





(4) The 2011 Department of State’s Trafficking in Persons Report (TIP) states that ‘the Government of Cambodia did not demonstrate progress in law enforcement efforts against trafficking crimes during the year’, and that ‘in some cases, Cambodian police were reportedly unwilling to pursue investigations of several suspected trafficking establishments during the year because the establishments were thought to be owned by or affiliated with high-ranking officials’.CommentsClose CommentsPermalink





(5) The Government of Cambodia convicted only 20 trafficking offenders during 2010, ‘a decrease from 36 the previous reporting period’, according to the 2011 TIP Report.CommentsClose CommentsPermalink





(6) There was no improvement in efforts by the Government of Cambodia to identify and protect trafficking victims during the previous reporting period, according to the 2011 TIP Report.CommentsClose CommentsPermalink





(7) According to the 2011 TIP Report, ‘countries whose governments do not fully comply with the minimum standards and are not making significant efforts to do so’, will be designated as Tier 3 countries pursuant to section 110 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107).CommentsClose CommentsPermalink





(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) the measures taken by the Government of Cambodia are insufficient in addressing the scope of Cambodia’s human trafficking problem; andCommentsClose CommentsPermalink





(2) Cambodia should be designated as a Tier 3 country pursuant to section 110 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107).CommentsClose CommentsPermalink

SEC. 109. PROHIBITION ON PEACEKEEPING OPERATIONS ASSISTANCE TO COUNTRIES THAT RECRUIT AND USE CHILD SOLDIERS AND REVISION TO NATIONAL INTEREST WAIVER UNDER THE CHILD SOLDIERS PREVENTION ACT OF 2008.

(a) Prohibition on Peacekeeping Operations Assistance-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 404(a) of the Child Soldiers Prevention Act of 2008 (22 U.S.C. 2370c-1(a)) is amended--CommentsClose CommentsPermalink





(A) by striking ‘or 541’ and inserting ‘, 541, or 551’; andCommentsClose CommentsPermalink





(B) by striking ‘or 2347’ and inserting ‘, 2347, or 2348’.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The amendments made by paragraph (1) take effect on the date of the enactment of this Act and apply with respect to amounts made available for assistance under section 551 of the Foreign Assistance Act of 1961 that are unobligated or unexpended on or after such date.CommentsClose CommentsPermalink





(b) National Interest Waiver- Section 404(c) of the Child Soldiers Prevention Act of 2008 (22 U.S.C. 2370c-1(c)) is amended to read as follows:CommentsClose CommentsPermalink





‘(c) National Interest Waiver- The President may waive the application to a country of the prohibition in subsection (a) if--CommentsClose CommentsPermalink





‘(1) the President determines that such waiver is in the national interest of the United States; andCommentsClose CommentsPermalink





‘(2) the President provides to the appropriate congressional committees at least 15 days in advance of exercising the waiver a justification for granting such a waiver, including a certification that the government of the country has taken credible and verifiable steps to implement a plan of action to end the recruitment and use of child soldiers, including the demobilization of child soldiers.’.CommentsClose CommentsPermalink

SEC. 110. REPORT ON INTERNET-FACILITATED HUMAN TRAFFICKING.

(a) In General- Not later than January 1, 2013, the Senior Policy Operating Group, in coordination with the Office to Combat Modern Slavery and Other Forms of Human Trafficking of the Department of State, shall submit to Congress a report on Internet-facilitated human trafficking.CommentsClose CommentsPermalink





(b) Matters To Be Included- The report shall include the following:CommentsClose CommentsPermalink





(1) Statistics and trends relating to Internet-facilitated human trafficking cases over the last 10 years. To the extent possible, the statistics and trends should be broken down by Federal department and agency handling each case.CommentsClose CommentsPermalink





(2) Factors that impact the prevalence of Internet-facilitated trafficking, such as geography, season, and large events.CommentsClose CommentsPermalink





(3) Specific challenges faced by Federal departments and agencies in preventing Internet-facilitated trafficking and prosecuting offenders.CommentsClose CommentsPermalink





(4) Proposals to assist the Federal government to prevent Internet-facilitated human trafficking. In drafting the proposals, the Senior Policy Operating Group should examine--CommentsClose CommentsPermalink





(A) adoption of cutting-edge technology;CommentsClose CommentsPermalink





(B) collaboration between the private and public sectors;CommentsClose CommentsPermalink





(C) enforcement of current laws;CommentsClose CommentsPermalink





(D) improved information gathering and interdepartmental collaboration; andCommentsClose CommentsPermalink





(E) development of new laws and policies.CommentsClose CommentsPermalink





(c) Consultation- In preparing the report, the Senior Policy Operating Group should consult with local law enforcement and private-sector and non-profit agencies that have demonstrated a commitment to ending Internet-facilitated human trafficking.CommentsClose CommentsPermalink





(d) Definitions- In this section--CommentsClose CommentsPermalink





(1) the term ‘Internet-facilitated human trafficking’ means the use of the Internet to engage in severe forms of trafficking in persons;CommentsClose CommentsPermalink





(2) the term ‘Senior Policy Operating Group’ means the Senior Policy Operating Group--CommentsClose CommentsPermalink





(A) established under section 105(f) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(f)); andCommentsClose CommentsPermalink





(B) chaired by the Ambassador-at-Large for Combating Human Trafficking; andCommentsClose CommentsPermalink





(3) the term ‘severe forms of trafficking in persons’ has the meaning given such term in section 103(8) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(8)).CommentsClose CommentsPermalink

TITLE II--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATESCommentsClose CommentsPermalink

Subtitle A--Amendments to the Trafficking Victims Protection Act of 2000CommentsClose CommentsPermalink

SEC. 201. TRANSFER OF UNITED STATES PROGRAMMING TO THE ATTORNEY GENERAL.

(a) Interagency Task Force To Monitor and Combat Trafficking- Section 105 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103) is amended--CommentsClose CommentsPermalink





(1) in subsection (b), by striking ‘the Secretary of Health and Human Services,’; andCommentsClose CommentsPermalink





(2) in subsection (d)(7)(A), by striking ‘the Secretary of Health and Human Services,’.CommentsClose CommentsPermalink





(b) Prevention of Trafficking Through Public Awareness- Section 106(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(b)) is amended by striking ‘the Secretary of Health and Human Services,’.CommentsClose CommentsPermalink





(c) Assistance for Victims in the United States- Section 107(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (B), by striking ‘the Secretary of Health and Human Services’ each place it appears and inserting ‘the Attorney General’; andCommentsClose CommentsPermalink





(2) in subparagraph (E)--CommentsClose CommentsPermalink





(A) in clause (i)--CommentsClose CommentsPermalink





(i) by striking ‘the Secretary of Health and Human Services’ and inserting ‘the Attorney General’; andCommentsClose CommentsPermalink





(ii) by striking ‘the Attorney General and’; andCommentsClose CommentsPermalink





(B) in clause (iv), by striking ‘the Secretary of Health and Human Services’ and inserting ‘the Attorney General’.CommentsClose CommentsPermalink





(d) Trafficking Victim Regulations- Section 107(c)(4) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(c)(4)) is amended by striking ‘the Secretary of Health and Human Services’ and inserting ‘the Secretary of Homeland Security’.CommentsClose CommentsPermalink





(e) Assistance for United States Citizens and Lawful Permanent Residents- Section 107(f) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(f)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by striking ‘The Secretary of Health and Human Services and the’ and inserting ‘The’; andCommentsClose CommentsPermalink





(B) by striking ‘the Secretary and’; andCommentsClose CommentsPermalink





(2) in paragraph (3)(A), by striking ‘The Secretary of Health and Human Services and the’ and inserting ‘The’.CommentsClose CommentsPermalink





(f) Research on Domestic and International Trafficking in Persons- Section 112A of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7109a)) is amended by striking ‘the Secretary of Health and Human Services,’.CommentsClose CommentsPermalink

SEC. 202. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.

(a) Appointment- Section 105(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(b)) is amended by inserting after ‘Education,’ the following: ‘the Director of the Peace Corps,’.CommentsClose CommentsPermalink





(b) Report on Activities of Government Contractors and Subcontractors- Section 105(d)(7) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (H)(iii), by striking the semicolon at the end and inserting the following: ‘, including whether--CommentsClose CommentsPermalink





‘(I) employee handbooks or handbook equivalents of such government contractors and subcontractors describe the United States Government’s zero-tolerance policy regarding trafficking in persons and the actions, up to and including termination, that the employer will take against its employees for violations of the zero-tolerance policy; andCommentsClose CommentsPermalink





‘(II) any employees of such government contractors or subcontractors have been disciplined or terminated or prosecuted for violation of the zero-tolerance policy;’; andCommentsClose CommentsPermalink





(2) in subparagraph (I)(i), by adding at the end before the semicolon the following: ‘, including the extent to which Federal departments and agencies have terminated any contracts of United States Government’s contractors or subcontractors based on a trafficking in persons offense and whether any employees of any United States Government’s contractor or subcontractor have been disciplined, terminated, or prosecuted for violation of the zero-tolerance policy’.CommentsClose CommentsPermalink





(c) Report on Activities of Bureau of Justice Assistance- Section 105(d)(7) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)), as amended by subsection (b) of this section, is further amended--CommentsClose CommentsPermalink





(1) in subparagraph (I), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in subparagraph (J), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding the following:CommentsClose CommentsPermalink





‘(K) with regard to grant activities of the Bureau of Justice Assistance--CommentsClose CommentsPermalink





‘(i) for each human trafficking taskforce whose operations are supported by grants from the Department of Justice, the number of reports of trafficking, investigations of trafficking, T- and U-visa certifications requested and granted in connection with instances of trafficking, requests for continuation of presence under 107(c)(A)(iii) and grants of the same;CommentsClose CommentsPermalink





‘(ii) a description of the data described in clause (i) classified by certain identifying information of each trafficking victim including sex, age, citizenship, and whether that individual was the victim of trafficking for purposes of labor or for commercial sex; andCommentsClose CommentsPermalink





‘(iii) an outline of the content of any existing protocols of the human trafficking taskforce for reporting trafficking and points of entry into the criminal investigation and service provision collaboration.’.CommentsClose CommentsPermalink

SEC. 203. ENSURING TIMELY RESPONSE TO REQUESTS FOR CONTINUED PRESENCE.

Section 107(c)(3)(A)(i) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105 (c)(3)(A)(i)) is amended--CommentsClose CommentsPermalink





(1) by inserting ‘or may be a victim of a severe form of trafficking’ before ‘and may be a potential witness’; andCommentsClose CommentsPermalink





(2) by adding after the period at the end the following: ‘If a request for continued presence is made to a Federal law enforcement official, such official shall respond to the request not later than 15 days after the date on which such request was made, stating whether the official has filed the application for continued presence with the Secretary of Homeland Security and, if not, whether the official expects to do so. Not later than one month after the date on which such an application is filed, the Secretary of Homeland Security shall approve or deny that application.’.CommentsClose CommentsPermalink

SEC. 204. REPORT TO CONGRESS.

Section 110(b) of the Trafficking Victims Protection Act of 2000 (7107(b)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(5) ADDITIONAL REPORTING REQUIREMENT- In addition to the information required in the annual report under paragraph (1) and the interim report under paragraph (2), the Secretary of State shall include in each such report a description of efforts of the United States to comply with minimum standards for the elimination of trafficking.’.CommentsClose CommentsPermalink

Subtitle B--Amendments to Title 18, United States CodeCommentsClose CommentsPermalink

SEC. 211. RENAMING OF BASIC FEDERAL TRAFFICKING STATUTE.

(a) In General- The section heading for section 2422 of title 18, United States Code, is amended by striking ‘Coercion and enticement’ and inserting ‘Sex trafficking and related offenses’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of chapter 117 of title 18, United States Code, is amended so that the item relating to section 2422 reads as follows:CommentsClose CommentsPermalink





‘2422. Sex trafficking and related offenses.’.CommentsClose CommentsPermalink

SEC. 212. CLARIFYING TRAFFICKING DEFINITIONS AND PROSECUTION.

(a) In General- The section heading for section 1591 of title 18, United States Code, is amended by striking ‘Sex trafficking of children or by force, fraud, or coercion’ and inserting ‘Severe forms of trafficking in persons’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of chapter 77 of title 18, United States Code, is amended so that the item relating to section 1591 reads as follows:CommentsClose CommentsPermalink





‘1591. Severe forms of trafficking in persons.’.CommentsClose CommentsPermalink

SEC. 213. FIGHTING SEX TOURISM.

The heading for subsection (d) of section 2423 of title 18, United States Code, is amended by striking ‘Ancillary offenses’ and inserting ‘Child sex tourism’.CommentsClose CommentsPermalink

SEC. 214. IDENTIFICATION DOCUMENTS.

(a) In General- Chapter 77 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink

‘Sec. 1597. Unlawful conduct with respect to immigration documents

‘(a) Destruction, Concealment, Removal, Confiscation, or Possession of Immigration Documents- It shall be unlawful for any person to knowingly destroy, or, for a period of more than 48 hours, conceal, remove, confiscate, or possess, an actual or purported passport, other immigration, or personal identification document of another individual--CommentsClose CommentsPermalink





‘(1) in the course of a violation of section 1351 of this title or section 274 of the Immigration and Nationality Act (8 U.S.C. 1324);CommentsClose CommentsPermalink





‘(2) with intent to violate section 1351 of this title or section 274 of the Immigration and Nationality Act (8 U.S.C. 1324); orCommentsClose CommentsPermalink





‘(3) in order to, without lawful authority, maintain, prevent, or restrict the labor of services of the individual.CommentsClose CommentsPermalink





‘(b) Penalty- Whoever violates subsection (a) shall be fined under this title, imprisoned for not more than 1 year, or both.CommentsClose CommentsPermalink





‘(c) Obstruction- Whoever 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).’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of chapter 77 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘1597. Unlawful conduct with respect to immigration documents.’.CommentsClose CommentsPermalink

SEC. 215. FRAUD IN FOREIGN LABOR CONTRACTING AS A RICO PREDICATE.

Section 1961 of title 18, United States Code, is amended in paragraph (1)(B) by inserting ‘section 1351 (fraud in foreign labor contracting),’ after ‘section 1344 (relating to financial institution fraud),’.CommentsClose CommentsPermalink

Subtitle C--Amendments to Other LawsCommentsClose CommentsPermalink

SEC. 221. ENHANCING EFFORTS TO COMBAT THE TRAFFICKING OF CHILDREN.

(a) Combating Child Trafficking at the Border and Ports of Entry of the United States-CommentsClose CommentsPermalink





(1) Section 235(a)(2)(A) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(2)(A)) is amended--CommentsClose CommentsPermalink





(A) in clause (ii), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(B) in clause (iii), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(iv) the return of such child to the child’s country of nationality or of last habitual residence would not endanger the life or safety of such child.’.CommentsClose CommentsPermalink





(2) Section 235(a)(4) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(4)) is amended--CommentsClose CommentsPermalink





(A) by inserting ‘To the extent feasible, unaccompanied alien children should be housed and screened by an immigration officer with expertise in child welfare in separate child-friendly facilities conducive to disclosing information related to human trafficking or exploitation.’ before ‘If the child does not meet such criteria’; andCommentsClose CommentsPermalink





(B) by adding at the end the following: ‘In the course of building or remodeling existing immigration facilities, consideration should be given to including separate child-friendly space conducive to disclosing information relating to human trafficking or exploitation.’.CommentsClose CommentsPermalink





(3) Section 235(a)(5) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(5)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(E) REPORT TO CONGRESS- Not later than 180 days after the date of enactment of the Trafficking Victims Protection Reauthorization Act of 2011, and annually thereafter, the Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services and Secretary of State, shall report to Congress the following:CommentsClose CommentsPermalink





‘(i) The number of alien children encountered by U.S. Customs and Border Protection.CommentsClose CommentsPermalink





‘(ii) The number of alien children screened for severe forms of human trafficking.CommentsClose CommentsPermalink





‘(iii) Whether the screening was conducted by an individual with expertise in child welfare.CommentsClose CommentsPermalink





‘(iv) How many of these children were repatriated and how many were diverted into services.’.CommentsClose CommentsPermalink





(b) Combating Child Trafficking and Exploitation in the United States- Section 235(b)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)(2)) is amended by striking ‘within 48 hours’ and inserting ‘within 24 hours’.CommentsClose CommentsPermalink





(c) Providing Safe and Secure Placements for Children-CommentsClose CommentsPermalink





(1) Section 235(c)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(2)) is amended by adding at the end the following: ‘The Secretary of Homeland Security shall either release, pursuant to the Secretary’s sole discretion, or place in the least restrictive setting an alien who--CommentsClose CommentsPermalink





‘(A) has been placed under this paragraph as a child;CommentsClose CommentsPermalink





‘(B) has demonstrated that he or she is not a danger to the community or a flight risk; andCommentsClose CommentsPermalink





‘(C) has become ineligible, by reason of age, for placement as a child.’.CommentsClose CommentsPermalink





(2) Section 235(c)(3)(B) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)(B)) is amended as follows:CommentsClose CommentsPermalink





(A) After ‘is first necessary.’ insert the following: ‘If the sponsor is a parent, a home study shall be conducted where there are allegations of current or past abuse or neglect of the child by the parent or where, based on all available objective evidence, the parent clearly presents a risk of abuse, maltreatment, exploitation, or trafficking to the child.’.CommentsClose CommentsPermalink





(B) Strike ‘A home study’ and insert the following: ‘If the sponsor is anyone other than the parent, a home study’.CommentsClose CommentsPermalink





(C) Strike ‘shall conduct follow-up services’ and all that follows through ‘for whom a home study was conducted’ and insert the following: ‘shall provide at least 1 visit for follow-up services on all children not later than 45 days after placement,’.CommentsClose CommentsPermalink

SEC. 222. IMPROVING LOCAL EFFORTS TO COMBAT TRAFFICKING AND SEXUAL EXPLOITATION OF CHILDREN.

Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (32), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in paragraph (33), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(34) not later than January 1, 2013, describes State child welfare existing practice and any future plans regarding prevention measures and victim assistance related to the human trafficking and commercial sexual exploitation of foreign, United States citizen and legal resident children including--CommentsClose CommentsPermalink





‘(A) collaborations with local and State agencies and non-profit organizations to identify and care for children believed or confirmed to be, or at-risk of becoming victims of a severe form of human trafficking;CommentsClose CommentsPermalink





‘(B) training for the child welfare employees who are likely to come into contact with child victims of human trafficking;CommentsClose CommentsPermalink





‘(C) jurisdictional limits and other issues that hinder State child welfare response to aid child victims of human trafficking;CommentsClose CommentsPermalink





‘(D) data collection regarding children identified by child welfare services as victims of trafficking and, if known, relationship to exploiter; andCommentsClose CommentsPermalink





‘(E) prevention education to families and at-risk children, including runaway and homeless youth, regarding human trafficking and commercial sexual exploitation.’.CommentsClose CommentsPermalink

SEC. 223. EFFORTS TO PUBLICIZE THE NATIONAL HUMAN TRAFFICKING RESOURCE CENTER HOTLINE.

(a) Grantee Hotline Information- The Attorney General shall consult with the Secretary of Health and Human Services to make reasonable efforts to distribute information to enable grantees under section 107(b) of the Trafficking Victims Protection Act of 2000 to publicize the National Human Trafficking Resource Center hotline on their Web sites, within the program’s headquarters as well as field offices across the United States.CommentsClose CommentsPermalink





(b) Hotline Information-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Health and Human Services, in coordination with the Attorney General, shall make reasonable efforts to encourage States to adopt legislation to raise public awareness of the National Human Trafficking Resource Center hotline in every mandated establishment where victims of human trafficking may possibly work or visit.CommentsClose CommentsPermalink





(2) POSTING OF MODEL HOTLINE INFORMATION- The legislation described in paragraph (1) should include a requirement that information relating to the National Human Trafficking Resource Center hotline be posted in accordance with the following specifications:CommentsClose CommentsPermalink





(A) POSTER LOCATION- The poster should be publicly displayed in a conspicuous place near the entrance of mandated establishments or where such posters and notices are customarily posted in such establishments.CommentsClose CommentsPermalink





(B) POSTER SPECIFICATIONS- The poster should be no smaller than 8 1/2 by 11 inches in size and state the following: ‘If you or someone you know is being forced to engage in any activity and cannot leave--whether it is commercial sex, housework, farm work, or any other activity--call the National Human Trafficking Resource Center Hotline at 1-888-373-7888 to access help and services. Victims of human trafficking are protected under United States and State law. The Hotline is: Available 24 hours a day, 7 days a week. Toll-free. Operated by a non-profit, nongovernmental organization. Anonymous & Confidential. Accessible in 170 languages. Able to provide help, referral to services, training, and general information.’.CommentsClose CommentsPermalink





(C) LANGUAGES- The poster should be printed in English, Spanish, and any other languages required by the Voting Rights Act in the county in which the poster will be posted.CommentsClose CommentsPermalink





(D) NOTICE- The licensing authority should provide each mandated establishment with notice of this section and with the required poster upon licensing and should place the poster on its public Web site for mandated establishments to print as needed.CommentsClose CommentsPermalink





(3) DEFINITION OF MANDATED ESTABLISHMENT- For purposes of this section, a ‘mandated establishment’ means--CommentsClose CommentsPermalink





(A) a massage parlor, spa, or other similar establishment;CommentsClose CommentsPermalink





(B) an establishment that receives a liquor license;CommentsClose CommentsPermalink





(C) a strip club or other sexually oriented business;CommentsClose CommentsPermalink





(D) a restaurant;CommentsClose CommentsPermalink





(E) an airport;CommentsClose CommentsPermalink





(F) a train station;CommentsClose CommentsPermalink





(G) a bus station;CommentsClose CommentsPermalink





(H) a highway truck stop;CommentsClose CommentsPermalink





(I) a highway rest stop;CommentsClose CommentsPermalink





(J) a hospital, HMO, or urgent care center;CommentsClose CommentsPermalink





(K) a farm;CommentsClose CommentsPermalink





(L) a high school; orCommentsClose CommentsPermalink





(M) a job recruitment center.CommentsClose CommentsPermalink

TITLE III--AUTHORIZATION OF APPROPRIATIONSCommentsClose CommentsPermalink

SEC. 301. TRAFFICKING VICTIMS PROTECTION ACT OF 2000.

(a) Human Smuggling and Trafficking Center- Section 112A(b)(4) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7109a(b)(4)) is amended by striking ‘fiscal years 2008 through 2011’ and inserting ‘fiscal years 2012 and 2013’.CommentsClose CommentsPermalink





(b) Authorizations of Appropriations-CommentsClose CommentsPermalink





(1) Section 112B(d) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7109b(d)) is amended by striking ‘for each of the fiscal years 2008 through 2011, such sums as may be necessary to carry out this section’ and inserting ‘$500,000 for each of the fiscal years 2012 and 2013’.CommentsClose CommentsPermalink





(2) Section 113 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110) is amended--CommentsClose CommentsPermalink





(A) in subsection (a)--CommentsClose CommentsPermalink





(i) in the first sentence--CommentsClose CommentsPermalink





(I) by striking ‘104,’; andCommentsClose CommentsPermalink





(II) by striking ‘fiscal years 2008 through 2011’ and inserting ‘fiscal years 2012 and 2013’; andCommentsClose CommentsPermalink





(ii) in the second sentence, by striking ‘fiscal years 2008 through 2011’ and inserting ‘fiscal years 2012 and 2013’;CommentsClose CommentsPermalink





(B) by striking subsection (b);CommentsClose CommentsPermalink





(C) in subsection (c)(1)--CommentsClose CommentsPermalink





(i) in subparagraph (A), by striking ‘fiscal years 2008 through 2011’ and inserting ‘fiscal years 2012 and 2013’;CommentsClose CommentsPermalink





(ii) in subparagraph (B), by striking ‘fiscal years 2008 through 2011’ each place it appears and inserting ‘fiscal years 2012 and 2013’; andCommentsClose CommentsPermalink





(iii) in subparagraph (C), by striking ‘fiscal years 2008 through 2011’ and inserting ‘fiscal years 2012 and 2013’;CommentsClose CommentsPermalink





(D) in subsection (d)--CommentsClose CommentsPermalink





(i) by redesignating subparagraphs (A) through (C) as paragraphs (1) through (3), respectively;CommentsClose CommentsPermalink





(ii) in paragraph (1) (as redesignated), by striking ‘$10,000,000 for each of the fiscal years 2008 through 2011’ and inserting ‘$22,500,000 for each of the fiscal years 2012 and 2013’;CommentsClose CommentsPermalink





(iii) in paragraph (2) (as redesignated), by striking ‘fiscal years 2008 through 2011’ and inserting ‘fiscal years 2012 and 2013’; andCommentsClose CommentsPermalink





(iv) in paragraph (3) (as redesignated), by striking ‘Attorney General’ and all that follows and inserting ‘Attorney General $14,000,000 for each of the fiscal years 2012 and 2013.’;CommentsClose CommentsPermalink





(E) in subsection (e)--CommentsClose CommentsPermalink





(i) in paragraph (1), by striking ‘fiscal years 2008 through 2011’ and inserting ‘fiscal years 2012 and 2013’;CommentsClose CommentsPermalink





(ii) in paragraph (2), by striking ‘fiscal years 2008 through 2011’ and inserting ‘fiscal years 2012 and 2013’; andCommentsClose CommentsPermalink





(iii) in paragraph (3), by striking ‘fiscal years 2008 through 2011’ and inserting ‘fiscal years 2012 and 2013’;CommentsClose CommentsPermalink





(F) in subsection (f), by striking ‘fiscal years 2008 through 2011’ and inserting ‘fiscal years 2012 and 2013’;CommentsClose CommentsPermalink





(G) in subsection (h), by striking ‘fiscal years 2008 through 2011’ and inserting ‘fiscal years 2012 and 2013’; andCommentsClose CommentsPermalink





(H) in subsection (i), by striking ‘fiscal years 2008 through 2011’ and inserting ‘fiscal years 2012 and 2013’.CommentsClose CommentsPermalink

SEC. 302. TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2005.

The Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109-164) is amended--CommentsClose CommentsPermalink





(1) in section 102(b)(7), by striking ‘$2,500,000 for each of the fiscal years 2008 through 2011’ and inserting ‘$1,500,000 for each of the fiscal years 2012 and 2013’;CommentsClose CommentsPermalink





(2) in section 201(c) by striking ‘fiscal years 2008 through 2011’ each place it appears and inserting ‘fiscal years 2012 and 2013’;CommentsClose CommentsPermalink





(3) in section 202--CommentsClose CommentsPermalink





(A) in subsection (a), by striking ‘The Secretary of Health and Human Services’ and inserting ‘The Attorney General’;CommentsClose CommentsPermalink





(B) in subsection (b), by striking ‘the Secretary’ and inserting ‘the Attorney General’; andCommentsClose CommentsPermalink





(C) in subsection (d), by striking ‘fiscal years 2008 through 2011’ and inserting ‘fiscal years 2012 and 2013’;CommentsClose CommentsPermalink





(4) in section 203--CommentsClose CommentsPermalink





(A) by striking ‘the Secretary of Health and Human Services’ each place it appears and inserting ‘the Attorney General’; andCommentsClose CommentsPermalink





(B) by striking ‘$5,000,000 for each of the fiscal years 2008 through 2011’ and inserting ‘$3,000,000 for each of the fiscal years 2012 and 2013’; andCommentsClose CommentsPermalink





(5) in section 204(d), by striking ‘$20,000,000 for each of the fiscal years 2008 through 2011’ and inserting ‘$10,000,000 for each of the fiscal years 2012 and 2013’.CommentsClose CommentsPermalink

SEC. 303. ELIGIBILITY FOR ASSISTANCE.

(a) Prohibition Against Discrimination-CommentsClose CommentsPermalink





(1) IN GENERAL- An organization, including a faith-based organization, that is otherwise eligible to receive assistance under any provision of law referenced in subsection (d) shall not be--CommentsClose CommentsPermalink





(A) required, as a condition of receiving such assistance, to endorse, utilize, provide, make a referral to, become integrated with, or otherwise participate in any program, project, or activity to which the organization has a religious or moral objection; orCommentsClose CommentsPermalink





(B) discriminated against in the solicitation or issuance of grants, contracts, cooperative agreements, or other Federal funding under any provision of law referenced in subsection (d) for refusing to meet any requirements described in subparagraph (A).CommentsClose CommentsPermalink





(2) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed to prohibit the Federal government from making alternative arrangements for any program, project, or activity to which an organization has a moral or religious objection, if such arrangements--CommentsClose CommentsPermalink





(A) do not violate the provisions of paragraph (1); andCommentsClose CommentsPermalink





(B) are not made for any program, project, or activity for which Federal funding is otherwise prohibited.CommentsClose CommentsPermalink





(b) Remedies-CommentsClose CommentsPermalink





(1) IN GENERAL- The courts of the United States shall have jurisdiction to prevent and redress actual or threatened violations of this section by issuing any form of legal or equitable relief, including--CommentsClose CommentsPermalink





(A) injunctions prohibiting conduct that violates this section; andCommentsClose CommentsPermalink





(B) orders preventing the disbursement of all or a portion of Federal financial assistance to a specific offending department, agency, or program, project, or activity until such time as the conduct prohibited by this section has ceased.CommentsClose CommentsPermalink





(2) COMMENCEMENT OF ACTION- An action under this section may be instituted by--CommentsClose CommentsPermalink





(A) any organization that has standing to complain of an actual or threatened violation of this section; orCommentsClose CommentsPermalink





(B) the Attorney General of the United States.CommentsClose CommentsPermalink





(3) RELATION TO ADMINISTRATIVE REMEDIES- A party may commence or continue an action and obtain relief under this subsection without regard to whether a complaint under subsection (c) has been filed or is pending.CommentsClose CommentsPermalink





(c) Administration- The President shall designate an official within each Federal department or agency that receives funding to carry out any provision of law referenced in subsection (d)--CommentsClose CommentsPermalink





(1) to receive complaints alleging a violation of this section; andCommentsClose CommentsPermalink





(2) to pursue the investigation of such complaints, in coordination with the Attorney General.CommentsClose CommentsPermalink





(d) Provisions of Law- The provisions of law referenced in this subsection are the following:CommentsClose CommentsPermalink





(1) This Act or any amendment made by this Act.CommentsClose CommentsPermalink





(2) The Trafficking Victims Protection Act of 2000.CommentsClose CommentsPermalink





(3) The Trafficking Victims Protection Reauthorization Act of 2005.CommentsClose CommentsPermalink





(4) The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008.CommentsClose CommentsPermalink

SEC. 304. REPORTING REQUIREMENTS.

(a) Appropriations- Not later than March 31 of 2012 and 2013, the President shall submit to Congress a report for the prior fiscal year that shall include--CommentsClose CommentsPermalink





(1) the amount of appropriations that each department or agency for which such appropriations were authorized under the Trafficking Victims Protection Act of 2000 or the Trafficking Victims Protection Reauthorization Act of 2005 directed to activities described in such Acts;CommentsClose CommentsPermalink





(2) a list of the activities funded through the appropriations identified in paragraph (1), including the responsible department or agency and the section of the Trafficking Victims Protection Act of 2000 or the Trafficking Victims Protection Reauthorization Act of 2005 that authorizes such activity; andCommentsClose CommentsPermalink





(3) the appropriations account from which each activity described in paragraph (2) was funded and the amount contributed from such account for each activity.CommentsClose CommentsPermalink





(b) Nondiscrimination-CommentsClose CommentsPermalink





(1) INITIAL REPORT- Not later than 90 days after the enactment of this Act, the President shall submit to Congress a report indicating the official designated in accordance with the requirement set forth in section 303(c).CommentsClose CommentsPermalink





(2) SUBSEQUENT REPORTS- Not later than one year after the enactment of this Act, and every year thereafter for 4 years, the President shall submit to Congress a report indicating--CommentsClose CommentsPermalink





(A) any actions filed pursuant to section 303(b);CommentsClose CommentsPermalink





(B) any complaints filed pursuant to section 303(c)(1); andCommentsClose CommentsPermalink





(C) the status and results, if available, of any investigation undertaken pursuant to section 303(c)(2).CommentsClose CommentsPermalink