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S 1301 ISRSCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 1301CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

June 29, 2011CommentsClose CommentsPermalink

Mr. LEAHY (for himself, Mr. BROWN of Massachusetts, Mr. KERRY, Mrs. BOXER, Mr. CARDIN, and Mr. WYDEMr. WYDEN, Mrs. FEINSTEIN, Mr. RUBIO, Mr. COCHRAN, Mrs. GILLIBRAND, Ms. LANDRIEU, Mr. SCHUMER, Mr. BROWN of Ohio, Mr. BURR, Mr. COONS, Mr. AKAKA, Mr. UDALL of Colorado, Ms. MIKULSKI, Mr. HELLER, Mr. ISAKSON, Ms. KLOBUCHAR, Mrs. HAGAN, Mr. NELSON of Florida, Ms. STABENOW, and Mr. DURBIN) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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.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; 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; table of contents. CommentsClose CommentsPermalink

TITLE I--COMBATING INTERNATIONAL TRAFFICKING IN PERSONS

Sec. 101. Regional strategies for combating trafficking in persons. CommentsClose CommentsPermalink





Sec. 102. Regional anti-trafficking officers. CommentsClose CommentsPermalink





Sec. 103. Partnerships against significant trafficking in persons. CommentsClose CommentsPermalink





Sec. 104. Protection and assistance for victims of trafficking. CommentsClose CommentsPermalink





Sec. 105. Minimum standards for the elimination of trafficking. CommentsClose CommentsPermalink





Sec. 106. Best practices in trafficking in persons eradication. CommentsClose CommentsPermalink





Sec. 107. Protections for domestic workers and other nonimmigrants. CommentsClose CommentsPermalink





Sec. 108. Prevention of child trafficking through child marriage. CommentsClose CommentsPermalink





Sec. 109. Child soldiers. CommentsClose CommentsPermalink





Sec. 110. Presidential Award for Technological Innovations To Combat Trafficking in Persons. CommentsClose CommentsPermalink





Sec. 111. Contracting requirements. CommentsClose CommentsPermalink





Sec. 112. Department of Defense reporting of trafficking in persons claims and violations. CommentsClose CommentsPermalink

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

Subtitle A--Penalties Against Traffickers and Other Crimes

Sec. 201. Criminal offenses against traffickertrafficking offenses. CommentsClose CommentsPermalink





Sec. 202. Civil remedies; clarifying definition. CommentsClose CommentsPermalink

Subtitle B--Ensuring Availability of Possible Witnesses and Informants

Sec. 211. Protections for trafficking victims who cooperate with law enforcement. CommentsClose CommentsPermalink





Sec. 212. Protection against fraud in foreign labor contracting.

Sec. 213. Protections for certain derivative beneficiaries of deceased trafficking or crime victims.

Sec. 214. Consultation with the Attorney General on adjustment of status of certain trafficking victims. CommentsClose CommentsPermalink

Subtitle C--Ensuring Interagency Coordination and Expanded Reporting

Sec. 221. Reporting requirements for the Attorney General. CommentsClose CommentsPermalink





Sec. 222. Reporting requirements for the Secretary of Labor. CommentsClose CommentsPermalink





Sec. 223. Information sharing to combat child labor and slave labor. CommentsClose CommentsPermalink





Sec. 224. Government training efforts to include the Department of Labor. CommentsClose CommentsPermalink





Sec. 225. GAO report on the use of foreign labor contractors. CommentsClose CommentsPermalink





Sec. 226. Oversight of Department of Justice programs. CommentsClose CommentsPermalink

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

Sec. 231. Assistance for domestic minor sex trafficking victims. CommentsClose CommentsPermalink





Sec. 232. Expanding local law enforcement grants for investigations and prosecutions of trafficking. CommentsClose CommentsPermalink





Sec. 233. Model State criminal law protection for child trafficking victims and survivors. CommentsClose CommentsPermalink

TITLE III--AUTHORIZATION OF APPROPRIATIONS

Sec. 301. Adjustment of authorization levels for the Trafficking Victims Protection Act of 2000. CommentsClose CommentsPermalink





Sec. 302. Adjustment of authorization levels for the Trafficking Victims Protection Reauthorization Act of 2005. CommentsClose CommentsPermalink

TITLE IV--UNACCOMPANIED ALIEN CHILDREN

Sec. 401. Protection for minors seeking asylum.Sec. 402. Appropriate custodial settings for unaccompanied minors who reach the age of majority while in Federal custody. CommentsClose CommentsPermalink





Sec. 4032. Appointment of child advocates for unaccompanied minors. CommentsClose CommentsPermalink





Sec. 4043. Access to Federal foster care and unaccompanied refugee minor protections for certain U Visa recipients. CommentsClose CommentsPermalink





Sec. 4054. GAO study of the effectiveness of border screenings. CommentsClose CommentsPermalink

TITLE I--COMBATING INTERNATIONAL TRAFFICKING IN PERSONS CommentsClose CommentsPermalink

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

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





(1) in subsection (d)(7)(J), by striking ‘section 105(f) of this division’ and inserting ‘subsection (g)’; CommentsClose CommentsPermalink





(2) in subsection (e)(2)-- CommentsClose CommentsPermalink





(A) by striking ‘(2) COORDINATION OF CERTAIN ACTIVITIES- ’ and all that follows through ‘exploitation.’; CommentsClose CommentsPermalink





(B) by redesignating subparagraph (B) as paragraph (2), and moving such paragraph, as so redesignated, 2 ems to the left; and CommentsClose CommentsPermalink





(C) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and moving such subparagraphs, as so redesignated, 2 ems to the left; CommentsClose CommentsPermalink





(3) by redesignating subsection (f) as subsection (g); and CommentsClose CommentsPermalink





(4) by inserting after subsection (e) the following: CommentsClose CommentsPermalink





‘(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.’. CommentsClose CommentsPermalink

SEC. 102. REGIONAL ANTI-TRAFFICKING OFFICERS.

Section 106 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104) is amended-- CommentsClose CommentsPermalink





(1) by redesignating subsections (e), (f), (g), and (h(h), and (i) as subsections (f), (g), (h), and (i(i), and (j), respectively; and CommentsClose CommentsPermalink





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





‘(e) Regional Anti-Ttrafficking 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-- CommentsClose CommentsPermalink





‘(1) to appoint, at United States embassies, anti-trafficking in persons officers, who shall collaborate with other countries to eliminate human trafficking; and CommentsClose CommentsPermalink





‘(2) to useassign the officers appointed under paragraph (1) forto fulfill tasks such as-- CommentsClose CommentsPermalink





‘(A) expanding the anti-trafficking efforts of the Office to Monitor and Combat Trafficking in Persons of the Department of State, including-- CommentsClose CommentsPermalink





‘(i) maintaining direct contact with the Office to Monitor and Combat Trafficking in Persons; and CommentsClose CommentsPermalink





‘(ii) undertaking tasks recommended by the Director of the Office to Monitor and Combat Trafficking in Persons; CommentsClose CommentsPermalink





‘(B) monitoring trafficking trends in the region; CommentsClose CommentsPermalink





‘(C) assessing compliance with the provisions of this Act; CommentsClose CommentsPermalink





and‘(D ‘(D) determining and furthering effective anti-trafficking programs and partnerships with foreign governments and foreign nongovernmental organizations; CommentsClose CommentsPermalink





‘(E) strengthening diplomatic outreach on trafficking in persons; and CommentsClose CommentsPermalink





‘(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.’. CommentsClose CommentsPermalink

SEC. 103. PARTNERSHIPS AGAINST SIGNIFICANT TRAFFICKING IN PERSONS.

The Trafficking Victims Protection Act of 2000 is amended--

(1) in section 105(e)(2) (22 U.S.C. 7103(e)(2))--

(A) by striking ‘(2) COORDINATION’ and all that follows through ‘ASSISTANCE’ and inserting the following:

‘(2) UNITED STATES ASSISTANCE- ’; and

(B) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B) and moving such subparagraphs, as so redesignated, 2 ems to the left;

(2) by inserting after section 105 (22 U.S.C. 7103) the following: CommentsClose CommentsPermalink

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

‘(a) Declaration of Purpose- The purpose of this section is to promote collaboration and cooperation-- CommentsClose CommentsPermalink





‘(1) between the United States Government and governments listed on the annual Trafficking in Persons Report; CommentsClose CommentsPermalink





‘(2) between foreign governments and civil society actors; and CommentsClose CommentsPermalink





‘(3) between the United States Government and private sector entities. CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(2) such entities do not contribute to trafficking in persons involving sexual exploitation. CommentsClose CommentsPermalink





‘(c) Additional Measures Tto Enhance Anti-Ttrafficking 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-- CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(3) technical assistance to provide legal frameworks and other programs to foreign governments and nongovernmental organizations to ensure that-- CommentsClose CommentsPermalink





‘(A) foreign migrant workers are provided the same protection as nationals of the foreign country; CommentsClose CommentsPermalink





‘(B) labor recruitment firms are regulated; and CommentsClose CommentsPermalink





‘(C) workers providing domestic services in households are provided protection under labor rights laws; and CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(d) Program Tto Address Emergency Situations- The Secretary of State, acting through the Ambassador-at-LargeDirector 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. CommentsClose CommentsPermalink





‘(e) Child Protection Compacts- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary of State, acting through the Ambassador-at-LargeDirector 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-- CommentsClose CommentsPermalink





‘(A) prevent and respond to violence, exploitation, and abuse against children; and CommentsClose CommentsPermalink





‘(B) measurably reduce severe forms of trafficking in children by building sustainable and effective systems of justice and protection. CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(A) the specific objectives the foreign government and the United States Government expect to achieve during the term of the compact; CommentsClose CommentsPermalink





‘(B) the responsibilities of the foreign government and the United States Government in the achievement of such objectives; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(D) regular outcome indicators to monitor and measure progress toward achieving such objectives; and CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(A) the selection criteria set forth in paragraph (5); and CommentsClose CommentsPermalink





‘(B) objective, documented, and quantifiable indicators, to the maximum extent possible. CommentsClose CommentsPermalink





‘(5) SELECTION CRITERIA- A country shall be selected under paragraph (4) on the basis of-- CommentsClose CommentsPermalink





‘(A) a documented high prevalence of trafficking in persons within the country; and CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(6) SUSPENSION AND TERMINATION OF ASSISTANCE- CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(i) the country or entity is engaged in activities that are contrary to the national security interests of the United States; CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(iii) the country or entity has failed to adhere to its responsibilities under the Compact. CommentsClose CommentsPermalink





‘(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).’. CommentsClose CommentsPermalink

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

(a) Task Force Activities- Section 105(d)(6) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(6)) is amended by inserting ‘, and make reasonable efforts to distribute information to enable all 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’ before the period at the end. CommentsClose CommentsPermalink





(b) Congressional Briefing- Section 107(a)(2) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(a)(2)) is amended by inserting ‘and shall brief Congress annually on such efforts’ before the period at the end. CommentsClose CommentsPermalink

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

Section 108(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7106(b)) is amended-- CommentsClose CommentsPermalink





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





(A) by striking ‘peacekeeping’ and inserting ‘diplomatic, peacekeeping,’; CommentsClose CommentsPermalink





(B) by striking ‘, and measures’ and inserting ‘, a transparent system for remediating or punishing such public officials as a deterrent, measures’; and CommentsClose CommentsPermalink





(C) by inserting ‘, effective bilateral, multilateral, or regional information sharing and cooperation arrangements with source, transit, or destination countries in its trafficking route, and effective policies or laws regulating foreign labor recruiters and holding them civilly and criminally liable for fraudulent recruiting’ before the period at the end; CommentsClose CommentsPermalink





(2) in paragraph (4), by inserting ‘and has entered into bilateral, multilateral, or regional law enforcement cooperation and coordination arrangements with source, transit, and destination countries in its trafficking route’ before the period at the end; CommentsClose CommentsPermalink





(3) in paragraph (7)-- CommentsClose CommentsPermalink





(A) by inserting ‘, including diplomats and soldiers,’ after ‘public officials’; CommentsClose CommentsPermalink





(B) by striking ‘peacekeeping’ and inserting ‘diplomatic, peacekeeping,’; and CommentsClose CommentsPermalink





(C) by inserting ‘A government’s failure to remediateappropriately 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 ‘such trafficking.’; CommentsClose CommentsPermalink





(4) by redesignating paragraphs (9) through (11) as paragraphs (10) through (12), respectively; and CommentsClose CommentsPermalink





(5) by inserting after paragraph (8) the following: CommentsClose CommentsPermalink





‘(9) Whether the government has entered into transparent partnerships, cooperative arrangements, or agreements with-- CommentsClose CommentsPermalink





‘(A) domestic civil society organizations or the private sector to assist the government’s efforts to prevent trafficking, protect victims, and punish traffickers; or CommentsClose CommentsPermalink





‘(B) the United States toward agreed goals and objectives in the collective fight against trafficking.’. CommentsClose CommentsPermalink

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

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





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





(A) by striking ‘with respect to the status of severe forms of trafficking in persons that shall include--’ and inserting ‘describing the anti-trafficking efforts of the United States and foreign governments according to the minimum standards and criteria enumerated in section 108, and the nature and scope of trafficking in persons in each country and analysis of the trend lines for individual governmental efforts. The report shallould include--’; CommentsClose CommentsPermalink





(B) in subparagraph (B), by striking ‘compliance;’ and inserting ‘compliance, including the identification and mention of governments that-- CommentsClose CommentsPermalink





‘(A) are on such list and have demonstrated exemplary progress in their efforts to reach the minimum standards; or CommentsClose CommentsPermalink





‘(B) have entered into an agreement withcommitted 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;’; CommentsClose CommentsPermalink





(C) in subparagraph (E), by striking ‘; and’; and inserting a semicolon; CommentsClose CommentsPermalink





(D) in subparagraph (F), by striking the period at the end and inserting ‘; and’; and CommentsClose CommentsPermalink





(E) by inserting at the end the following: CommentsClose CommentsPermalink





‘(G) a section entitled ‘Exemplary Governments and Practices in the Eradication of Trafficking in Persons’ to highlight-- CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(ii) governments that have shown exemplary overall efforts to combat trafficking in persons.’; CommentsClose CommentsPermalink





(2) by striking paragraph (2); CommentsClose CommentsPermalink





and(3) in paragraph (3) (3) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and CommentsClose CommentsPermalink





(4) in paragraph (2), as redesignated, by adding at the end the following: CommentsClose CommentsPermalink





‘(E) PUBLIC NOTICE- Not later than 30 days after notifying Congress of each country determined to have met the requirements under subclauses (I) through (III) of subparagraph (A)(iD)(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.’. CommentsClose CommentsPermalink

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

Section 202 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1375b) is amended-- CommentsClose CommentsPermalink





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





(A) in the subsection heading, by inserting ‘and Video for Consular Waiting Rooms’ after ‘Information Pamphlet’; and CommentsClose CommentsPermalink





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





(i) by inserting ‘and video’ after ‘information pamphlet’; and CommentsClose CommentsPermalink





(ii) by adding at the end the following: ‘The video shall be distributed and shown in consular waiting rooms in embassies and consulates determined to have the greatest concentration of employment or education-based non-immigrant visa applicants, and where sufficient video facilities exist in waiting or other rooms where applicants wait or convene. The Secretary of State is authorized to augment video facilities in such consulates or embassies in order to fulfill the purposes of this section.’; CommentsClose CommentsPermalink





(2) in subsection (b), by inserting ‘and video’ after ‘information pamphlet’; CommentsClose CommentsPermalink





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





(A) in paragraph (1), by inserting ‘and produce or dub the video’ after ‘information pamphlet’; and CommentsClose CommentsPermalink





(B) in paragraph (2), by inserting ‘and the video produced or dubbed’ after ‘translated’; and CommentsClose CommentsPermalink





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





(A) in paragraph (1), by inserting ‘and video’ after ‘information pamphlet’; CommentsClose CommentsPermalink





(B) in paragraph (2), by inserting ‘and video’ after ‘information pamphlet’; and CommentsClose CommentsPermalink





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





‘(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).’. CommentsClose CommentsPermalink

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

Subtitle A--Penalties Against Traffickers and Other Crimes CommentsClose CommentsPermalink

SEC. 201. CRIMINAL OFFENSES AGAINST TRAFFICKERTRAFFICKING OFFENSES.

(a) RICO Amendment-Section 1961(1)(B) of title 18, United States Code, is amended by inserting ‘section 1351 (relating to fraud in foreign labor contracting),’ before ‘section 1425’. CommentsClose CommentsPermalink





(b) Engaging in Illicit Sexual Conduct in Foreign Places-Section 2423(c) of title 18, United States Code, is amended by inserting ‘or resides, either temporarily or permanently, in a foreign country’ after ‘commerce’. CommentsClose CommentsPermalink





(c) Unlawful Conduct With Respect to Documents- CommentsClose CommentsPermalink





(1) 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 or other immigration document of another individual -- CommentsClose CommentsPermalink





‘(1) in the course of a violation ofviolating 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); or CommentsClose CommentsPermalink





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





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





‘(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).’. CommentsClose CommentsPermalink





(2) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter 77 of title 18, United States Code, is amended by adding at the end the following: CommentsClose CommentsPermalink





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

SEC. 202. CIVIL REMEDIES; CLARIFYING DEFINITION.

(a) Civil Remedy for Personal Injuries-Section 2255 of title 18, United States Code, is amended-- CommentsClose CommentsPermalink





(1) in subsection (a), by striking ‘section 2241(c)’ and inserting ‘section 1589, 1590, 1591, 2241(c)’; and CommentsClose CommentsPermalink





(2) in subsection (b), by striking ‘six years’ and inserting ‘10 years’. CommentsClose CommentsPermalink





(b) Definition- CommentsClose CommentsPermalink





(1) IN GENERAL- Section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102) is amended-- CommentsClose CommentsPermalink





(A) by redesignating paragraphs (1) through (14) as paragraphs (2) through (15), respectively; CommentsClose CommentsPermalink





(B) by inserting before paragraph (2), as redesignated, the following: CommentsClose CommentsPermalink





‘(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.’; CommentsClose CommentsPermalink





(C) in paragraph (14), as redesignated, by striking ‘paragraph (8)’ and inserting ‘paragraph (9)’; and CommentsClose CommentsPermalink





(D) in paragraph (15), as redesignated, by striking ‘paragraph (8) or (9)’ and inserting ‘paragraph (9) or (10)’. CommentsClose CommentsPermalink





(2) TECHNICAL AND CONFORMING AMENDMENTS- CommentsClose CommentsPermalink





(A) TRAFFICKING VICTIMS PROTECTION ACT OF 2000- The Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.) is amended-- CommentsClose CommentsPermalink





(i) in section 110(e) (22 U.S.C. 7107(e))-- CommentsClose CommentsPermalink





(I) by striking ‘section 103(7)(A)’ and inserting ‘section 103(8)(A)’; and CommentsClose CommentsPermalink





(II) by striking ‘section 103(7)(B)’ and inserting ‘section 103(8)(B)’; and CommentsClose CommentsPermalink





(ii) in section 113(g)(2) (22 U.S.C. 7110(g)(2)), by striking ‘section 103(8)(A)’ and inserting ‘section 103(9)(A)’. CommentsClose CommentsPermalink





(B) NORTH KOREAN HUMAN RIGHTS ACT OF 2004- Section 203(b)(2) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7833(b)(2)) is amended by striking ‘section 103(14)’ and inserting ‘section 103(15)’. CommentsClose CommentsPermalink





(C) TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2005- Section 207 of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044e) is amended-- CommentsClose CommentsPermalink





(i) in paragraph (1), by striking ‘section 103(8)’ and inserting ‘section 103(9)’; CommentsClose CommentsPermalink





(ii) in paragraph (2), by striking ‘section 103(9)’ and inserting ‘section 103(10)’; and CommentsClose CommentsPermalink





(iii) in paragraph (3), by striking ‘section 103(3)’ and inserting ‘section 103(4)’. CommentsClose CommentsPermalink





(D) VIOLENCE AGAINST WOMEN AND DEPARTMENT OF JUSTICE REAUTHORIZATION ACT OF 2005- Section 111(a)(1) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 14044f(a)(1)) is amended by striking ‘paragraph (8)’ and inserting ‘paragraph (9)’. CommentsClose CommentsPermalink

Subtitle B--Ensuring Availability of Possible Witnesses and Informants CommentsClose CommentsPermalink

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

Section 101(a)(15)(T)(ii)(III) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(T)) is amended--

(1) in clause (i)--

(A) in subclause (II)--

(i) by inserting ‘(aa)’ after (II); and

(ii) by adding at the end the following: ‘or

‘(bb) had been in the United States on account of such trafficking, which took place during the most recent 5-year period, and fled from the United States--

‘(AA) to escape a serious threat based on that trafficking; or

‘(BB) to protect the life or safety of an individual described in clause (ii) from a threat posed by the traffickers or their associates;’;

(B) in subclause (III)(bb), by inserting ‘, including a reasonable fear of retaliation posed by the traffickers or their associates against an individual described in clause (ii)’ after ‘trauma’; and

(C) in subclause (IV), by inserting ‘or by remaining in, or returning to, the alien’s country of origin, if the alien had previously fled the United States under the conditions described in subclause (II)(bb)’ after ‘removal’; and

(2) in clause (ii)(III),(ii)(III) is amended by inserting ‘, or any adult or minor children of a derivative beneficiary of the alien, as’ after ‘age’. CommentsClose CommentsPermalink

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

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

Subtitle C--Ensuring Interagency Coordination and Expanded Reporting CommentsClose CommentsPermalink

SEC. 221. REPORTING REQUIREMENTS FOR THE ATTORNEY GENERAL.

Section 105(d)(7) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is amended-- CommentsClose CommentsPermalink





(1) by redesignating subparagraphs (D) through (J) as subparagraphs (F) through (L);

(2) by striking subparagraph (C) and inserting the following:

‘(C) the number of persons who have applied for, been granted, or I) through (O); CommentsClose CommentsPermalink




(2) by striking subparagraphs (B) and (C) and inserting the following: CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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); CommentsClose CommentsPermalink





‘(E) the amount of Federal funds expended in direct benefits paid to individuals described in subparagraph (D) in conjunction with T visa status; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(EH) any efforts being taken to reduce the adjudication and processing time, while ensuring the safe and competent processing of the applications;’; CommentsClose CommentsPermalink





(3) in subparagraph (I)(iii), by striking N)(iii), as redesignated, by striking ‘and’ at the end; CommentsClose CommentsPermalink





(4) in subparagraph (J)O), as redesignated, by striking the period at the end and inserting ‘; and’; and CommentsClose CommentsPermalink





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





‘(KP) 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; CommentsClose CommentsPermalink





‘(LQ) 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-- CommentsClose CommentsPermalink





‘(i) the number, age, gender, country of origin, and citizenship status of victims identified for each offense; CommentsClose CommentsPermalink





‘(ii) the number of individuals charged, and the number of individuals convicted, under each offense; CommentsClose CommentsPermalink





‘(iii) the number of individuals referred for prosecution for State offenses, including offenses relating to the purchasing of commercial sex acts; CommentsClose CommentsPermalink





‘(iv) the number of victims granted continued presence in the United States under section 107(c)(3); and CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(MR) 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.’. CommentsClose CommentsPermalink

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

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





‘(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.’. CommentsClose CommentsPermalink

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

Section 105(a) of the Trafficking Victims Protection Act of 2005 (22 U.S.C. 7112(a)) is amended by adding at the end the following: CommentsClose CommentsPermalink





‘(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).’. CommentsClose CommentsPermalink

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

Section 107(c)(4) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(c)(4)) is amended-- CommentsClose CommentsPermalink





(1) in the first sentence, by inserting ‘the Department of Labor, the Equal Employment Opportunity Commission,’ before ‘and the Department’; and CommentsClose CommentsPermalink





(2) in the second sentence, by inserting ‘, in consultation with the Secretary of Labor,’ before ‘shall provide’. CommentsClose CommentsPermalink

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

(a) In General- Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report on the use of foreign labor contractors to-- CommentsClose CommentsPermalink





(1) the Committee on the Judiciary of the Senate; CommentsClose CommentsPermalink





(2) the Committee on Health, Education, Labor, and Pensions of the Senate; CommentsClose CommentsPermalink





(3) the Committee on the Judiciary of the House of Representatives; and CommentsClose CommentsPermalink





(4) the Committee on Education and the Workforce of the House of Representatives. CommentsClose CommentsPermalink





(b) Contents- The report under subsection (a) should, to the extent possible-- CommentsClose CommentsPermalink





(1) address the role and practices of United States employers in-- CommentsClose CommentsPermalink





(A) the use of labor recruiters or brokers; or CommentsClose CommentsPermalink





(B) directly recruiting foreign workers; CommentsClose CommentsPermalink





(2) analyze the laws that protect such workers, both overseas and domestically; CommentsClose CommentsPermalink





(3) describe the oversight and enforcement mechanisms in Federal departments and agencies for such laws; and CommentsClose CommentsPermalink





(4) identify any gaps that may exist in these protections; and CommentsClose CommentsPermalink





(5) recommend possible actions for Federal departments and agencies to combat any abuses. CommentsClose CommentsPermalink





(c) Requirements- The report under subsection (a) shall-- CommentsClose CommentsPermalink





(1) describe the role of labor recruiters or brokers working in countries that are sending workers and receiving funds, including any identified involvement in labor abuses; CommentsClose CommentsPermalink





(2) describe the role and practices of employers in the United States that commission labor recruiters or brokers or directly recruit foreign workers; CommentsClose CommentsPermalink





(3) describe the role of Federal departments and agencies in overseeing and regulating the foreign labor recruitment process, including certifying and enforcing under existing regulations; CommentsClose CommentsPermalink





and(4 (4) describe the type of jobs and the numbers of positions in the United States that have been filled through foreign workers during each of the last 8 years, including positions within the Federal Government; CommentsClose CommentsPermalink





(5) describe any efforts or programs undertaken by Federal, State and local government entities to encourage employers, directly or indirectly, to use foreign workers or to reward employers for using foreign workers; and CommentsClose CommentsPermalink





(6) based on the information required under paragraphs (1) through (3), identify any common abuses of foreign workers and the employment system, including the use of fees and debts, and recommendations of actions that could be taken by Federal departments and agencies to combat any identified abuses. CommentsClose CommentsPermalink

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

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

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

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

‘(a) Definitions- In this section: CommentsClose CommentsPermalink





‘(1) ASSISTANT SECRETARY- The term ‘Assistant Secretary’ means the Assistant Secretary for Children and Families of the Department of Health and Human Services. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(3) ELIGIBLE ENTITY- The term ‘eligible entity’ means a State or unit of local government that-- CommentsClose CommentsPermalink





‘(A) has significant criminal activity involving sex trafficking of minors; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(C) has developed a workable, multi-disciplinary plan to combat sex trafficking of minors, including-- CommentsClose CommentsPermalink





‘(i) building or establishing a residential care facility for minor victims of sex trafficking, through; CommentsClose CommentsPermalink





‘(ii) the provision of rehabilitative care to minor victims of sex trafficking; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(iv) prevention, deterrence, and prosecution of offenses involving sex trafficking of minors; CommentsClose CommentsPermalink





‘(v) cooperation or referral agreements with organizations providing outreach or other related services to runaway and homeless youth; and CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(4) MINOR VICTIM OF SEX TRAFFICKING- The term ‘minor victim of sex trafficking’ means an individual who-- CommentsClose CommentsPermalink





‘(A) is younger than 18 years of age, and is a victim of an offense described insection 1591(a) of title 18, United States Code, or a comparable State law; or CommentsClose CommentsPermalink





‘(B)(i) is not younger than 18 years of age nor older than 20 years of age; CommentsClose CommentsPermalink





‘(ii) on the day before the individual reached 18 years of age, was described in subparagraph (A); and CommentsClose CommentsPermalink





‘(iii) was receiving shelter or services as a minor victim of sex trafficking. CommentsClose CommentsPermalink





‘(5) QUALIFIED NONGOVERNMENTAL ORGANIZATION- The term ‘qualified nongovernmental organization’ means an organization that-- CommentsClose CommentsPermalink





‘(A) is not a State or unit of local government, or an agency of a State or unit of local government; CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(C) demonstrates a plan to sustain the provision of services beyond the period of a grant awarded under this section. CommentsClose CommentsPermalink





‘(6) SEX TRAFFICKING OF A MINOR- The term ‘sex trafficking of a minor’ means an offense (described in described insection 1591(a) of title 18, United States Code), or a comparable State law, against a minor. CommentsClose CommentsPermalink





‘(b) Sex Trafficking Block Grants- CommentsClose CommentsPermalink





‘(1) GRANTS AUTHORIZED- CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(D) DURATION- CommentsClose CommentsPermalink





‘(i) IN GENERAL- A grant made under this section shall be for a period of 1 year. CommentsClose CommentsPermalink





‘(ii) RENEWAL- CommentsClose CommentsPermalink





‘(I) IN GENERAL- The Assistant Attorney General may renew a grant under this section for up to 3 1-year periods. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(E) CONSULTATION- In carrying out this section, the Assistant Attorney General shall consult with the Assistant Secretary with respect to-- CommentsClose CommentsPermalink





‘(i) evaluations of grant recipients under paragraph (4); CommentsClose CommentsPermalink





‘(ii) avoiding unintentional duplication of grants; and CommentsClose CommentsPermalink





‘(iii) any other areas of shared concern. CommentsClose CommentsPermalink





‘(2) USE OF FUNDS- CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(B) AUTHORIZED ACTIVITIES- Grants awarded pursuant to paragraph (2) may be used for-- CommentsClose CommentsPermalink





‘(i) providing residential care to minor victims of sex trafficking, including temporary or long-term placement as appropriate; CommentsClose CommentsPermalink





‘(ii) providing 24-hour emergency social services response for minor victims of sex trafficking; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(iv) case management services for minor victims of sex trafficking; CommentsClose CommentsPermalink





‘(v) mental health counseling for minor victims of sex trafficking, including specialized counseling and substance abuse treatment; CommentsClose CommentsPermalink





‘(vi) legal services for minor victims of sex trafficking; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(viii) outreach and education programs to provide information about deterrence and prevention of sex trafficking of minors; CommentsClose CommentsPermalink





‘(ix) programs to provide treatment to individuals charged or cited with purchasing or attempting to purchase sex acts in cases where-- CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(II) the individual was not charged with purchasing or attempting to purchase sex acts with a minor; and CommentsClose CommentsPermalink





‘(x) screening and referral of minor victims of severe forms of trafficking in persons. CommentsClose CommentsPermalink





‘(3) APPLICATION- CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(B) CONTENTS- Each application submitted pursuant to subparagraph (A) shall-- CommentsClose CommentsPermalink





‘(i) describe the activities for which assistance under this section is sought; and CommentsClose CommentsPermalink





‘(ii) provide such additional assurances as the Assistant Attorney General determines to be essential to ensure compliance with the requirements of this section. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(f) Audit Requirement- For fiscal years 2014 and 2015, the Inspector General of the Department of Health and Human ServicesJustice shall conduct an audit of all 4 eligible entities that receive block grants under this section. CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(1) 15 percent of the grant during the first year; CommentsClose CommentsPermalink





‘(2) 25 percent of the grant during the first renewal period; CommentsClose CommentsPermalink





‘(3) 40 percent of the grant during the second renewal period; and CommentsClose CommentsPermalink





‘(4) 50 percent of the grant during the third renewal period. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(2) recommendations, if any, regarding any legislative or administrative action the Comptroller General determines appropriate.’. CommentsClose CommentsPermalink





(b) Sunset Provision- The amendment made by subsection (a) shall be effective during the 4-year period beginning on the date of the enactment of this Act. CommentsClose CommentsPermalink

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

Section 204 of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044c) is amended-- CommentsClose CommentsPermalink





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





(A) in subparagraph (A), by striking ‘, which involve United States citizens, or aliens admitted for permanent residence, and’; CommentsClose CommentsPermalink





(B) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively; and CommentsClose CommentsPermalink





(C) by inserting after subparagraph (A) the following: CommentsClose CommentsPermalink





‘(B) to train law enforcement personnel how to identify victims of severe forms of trafficking in persons and related offenses;’; and CommentsClose CommentsPermalink





(D) in subparagraph (C), as redesignated, by inserting ‘and prioritize the investigations and prosecutions of those cases involving minor victims’ after ‘sex acts’; CommentsClose CommentsPermalink





(2) by redesignating subsection (d) as subsection (e); CommentsClose CommentsPermalink





(3) by inserting after subsection (c) the following: CommentsClose CommentsPermalink





‘(d) No Limitation on Section 202 Grant Applications- An entity that applies for a grant under section 202 is not prohibited from also applying for a grant under this section.’; CommentsClose CommentsPermalink





(4) in subsection (e), as redesignated, by striking ‘$20,000,000 for each of the fiscal years 2008 through 2011’ and inserting ‘$10,000,000 for each of the fiscal years 2012 through 2015’; and CommentsClose CommentsPermalink





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





‘(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-- CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(2) recommendations, if any, regarding any legislative or administrative action the Comptroller General determines appropriate to improve the ability described in paragraph (1).’. CommentsClose CommentsPermalink

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

Section 225(b) of the Trafficking Victims Reauthorization Act of 2008 (22 U.S.C. 7101 note) is amended-- CommentsClose CommentsPermalink





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





(2) by redesignating paragraph (2) as paragraph (3); and CommentsClose CommentsPermalink





(3) by inserting after paragraph (1) the following: CommentsClose CommentsPermalink





‘(2) protects children exploited through prostitution by including safe harbor provisions that-- CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(B) prohibit the charging or prosecution of an individual described in subparagraph (A) for a prostitution offense; CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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;’. CommentsClose CommentsPermalink

TITLE III--AUTHORIZATION OF APPROPRIATIONS CommentsClose CommentsPermalink

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

The Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.) is amended-- CommentsClose CommentsPermalink





(1) in section 112A(b)(4) (22 U.S.C. 7109a(b)(4)), by striking ‘2008 through 2011’ and inserting ‘2012 through 2015’;(2) in section 112B(d) (22 U.S.C. 7109b(d)),-- CommentsClose CommentsPermalink





(A) by striking ‘$2,000,000’ and inserting ‘$1,000,000’; and CommentsClose CommentsPermalink





(B) by striking ‘2008 through 2011’ and inserting ‘2012 through 2015’; and CommentsClose CommentsPermalink





(32) in section 113 (22 U.S.C. 7110)-- CommentsClose CommentsPermalink





(A) subsection (a)-- CommentsClose CommentsPermalink





(i) by striking ‘$5,500,000 for each of the fiscal years 2008 through 2011’ each place it appears and inserting ‘2012 through 2015’; and$2,000,000 for each of the fiscal years 2012 through 2015’; CommentsClose CommentsPermalink





(ii) by inserting ‘, including regional trafficking in persons officers,’ after ‘for additional personnel,’; and CommentsClose CommentsPermalink





(iii) by striking ‘, and $3,000 for official reception and representation expenses’; CommentsClose CommentsPermalink





(B) in subsection (b)-- CommentsClose CommentsPermalink





(i) in paragraph (1), by striking ‘$12,500,000 for each of the fiscal years 2008 through 2011’ and inserting ‘$14,500,000 for each of the fiscal years 2012 through 2015’; and CommentsClose CommentsPermalink





(ii) in paragraph (2), by striking ‘to the Secretary of Health and Human Services’ and all that follows and inserting ‘$78,000,000 to the Secretary of Health and Human Services for each of the fiscal years 2012 through 2015.’; CommentsClose CommentsPermalink





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





(i) in subparagraph (A), by striking ‘2008 through 2011’ each place it appears and inserting ‘2012 through 2015’; CommentsClose CommentsPermalink





(ii) in subparagraph (B)-- CommentsClose CommentsPermalink





(I) by striking ‘$15,000,000 for fiscal year 2003 and $10,000,000 for each of the fiscal years 2008 through 2011’ and inserting ‘$10,000,000 for each of the fiscal years 2012 through 2015’; and CommentsClose CommentsPermalink





(II) by striking ‘2008 through 2011’ and inserting ‘2012 through 2015’; and CommentsClose CommentsPermalink





(iii) in subparagraph (C), by striking ‘2008 through 2011’ and inserting ‘2012 through 2015’; CommentsClose CommentsPermalink





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





(i) by redesignating subparagraphs (A) through (C) as paragraphs (1) through (3), respectively;(ii) in the paragraph , and moving such paragraphs 2 ems to the left; CommentsClose CommentsPermalink





(ii) in the paragraph (1), as redesignated, by striking ‘$10,000,000 for each of the fiscal years 2008 through 2011’ and inserting ‘$12,000,000 for each of the fiscal years 2012 through 2015’;(iii) in paragraph (2), as redesignated, by striking ‘2008 through 2011’ and inserting ‘2012 through 1,000,000 for each of the fiscal years 2012 through 2015’; and CommentsClose CommentsPermalink





(ivii) in paragraph (3), as redesignated, by striking ‘to the Attorney General’ and all that follows and inserting ‘$711,000,000 to the Attorney General for each of the fiscal years 2012 through 2015.’; CommentsClose CommentsPermalink





(E) in subsection (e), by striking ‘2008 through 2011’ each place it appears and inserting ‘-- CommentsClose CommentsPermalink





(i) in paragraph (1), by striking ‘$15,000,000 for each of the fiscal years 2008 through 2011’ and inserting ‘$7,500,000 for each of the fiscal years 2012 through 2015’; and CommentsClose CommentsPermalink





(ii) in paragraph (2), by striking ‘$15,000,000 for each of the fiscal years 2008 through 2011’ and inserting ‘$7,500,000 for each of the fiscal years 2012 through 2015’; CommentsClose CommentsPermalink





(F) in subsection (f), by striking ‘2008 through 2011’ and inserting ‘2012 through 2015’;(G) in subsection (h), by striking ‘2008 through 2011’ and inserting ‘2012 through $10,000,000 for each of the fiscal years 2008 through 2011’ and inserting ‘$5,000,000 for each of the fiscal years 2012 through 2015’; and CommentsClose CommentsPermalink





(HG) in subsection (i), by striking ‘2008 through 2011’ and inserting ‘2012 through $18,000,000 for each of the fiscal years 2008 through 2011’ and inserting ‘$10,000,000 for each of the fiscal years 2012 through 2015’. CommentsClose CommentsPermalink

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

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





(1) by striking section 102(b)(7); and CommentsClose CommentsPermalink





(2) in section 201(c), by striking ‘2008 through 2011’ each place it appears and inserting ‘2012 through (2), by striking ‘$1,000,000 for each of the fiscal years 2008 through 2011’ and inserting ‘$250,000 for each of the fiscal years 2012 through 2015’. CommentsClose CommentsPermalink

TITLE IV--UNACCOMPANIED ALIEN CHILDREN CommentsClose CommentsPermalink

SEC. 401. PROTECTION FOR MINORS SEEKING ASYLUM.

(a) In General- Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) is amended--

(1) in subsection (a)(2), by amending subparagraph (E) to read as follows:

‘(E) APPLICABILITY TO MINORS- Subparagraphs (A), (B), and (C) shall not apply to an applicant who is younger than 18 years of age on the earlier of--

‘(i) the date on which the asylum application is filed; or

‘(ii) the date on which any Notice to Appear is issued.’; and

(2) in subsection (b)(3)(C), by striking ‘an unaccompanied alien child’ and all that follows and inserting the following: ‘an applicant who is younger than 18 years of age on the earlier of--

‘(i) the date on which the asylum application is filed; or

‘(ii) the date on which any Notice to Appear is issued.’.

(b) Reinstatement of Removal- Section 241(a) of the Immigration and Nationality Act (8 U.S.C. 1231(a)) is amended--

(1) in paragraph (5), by striking ‘If the Attorney General’ and inserting ‘Except as provided in paragraph (8), if the Secretary of Homeland Security’; and

(2) by adding at the end the following:

‘(8) APPLICABILITY OF REINSTATEMENT OF REMOVAL- Paragraph (5) shall not apply to an alien who has reentered the United States illegally after having been removed or having departed voluntarily, under an order of removal, if the alien was younger than 18 years of age on the date on which the alien was removed or departed voluntarily under an order of removal.’.

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

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





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





‘(A) MINORS IN DEPARTMENT OF HEALTH AND HUMAN SERVICES CUSTODY- Subject to’; and CommentsClose CommentsPermalink





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





‘(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.’. CommentsClose CommentsPermalink

SEC. 4032. APPOINTMENT OF CHILD ADVOCATES FOR UNACCOMPANIED MINORS.

Section 235(c)(6) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(6)) is amended-- CommentsClose CommentsPermalink





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





‘(A) IN GENERAL- The Secretary’; and CommentsClose CommentsPermalink





(2) by striking ‘and criminal’; and CommentsClose CommentsPermalink





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





‘(B) APPOINTMENT OF CHILD ADVOCATES- CommentsClose CommentsPermalink





‘(i) INITIAL SITES- Not later than 2 years after the date of the enactment of the Trafficking Victims Protection Reauthorization Act of 2011, the Secretary of Health and Human Services shall establish child advocate programappoint child advocates at 3 new immigration detention sites to provide independent child advocates for trafficking victims and vulnerable unaccompanied alien children. CommentsClose CommentsPermalink





‘(ii) ADDITIONAL SITES- Not later than 3 years after the date of the enactment of the Trafficking Victims Protection Reauthorization Act of 2011, the Secretary shall establish and implement child advocate programs at immigration detention sites at whichappoint child advocates at not more than 50 children are held in3 additional immigration custodydetention sites. CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(I) the largest number of unaccompanied alien children; and CommentsClose CommentsPermalink





‘(II) the most vulnerable populations of unaccompanied children. CommentsClose CommentsPermalink





‘(C) RESTRICTIONS- CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(DE) ASSESSMENT OF CHILD ADVOCATE PROGRAM- CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(ii) MATTERS TO BE STUDIED- In the study required under clause (i), the Comptroller General shall-- collect information and analyze the following: CommentsClose CommentsPermalink





‘(I) analyze the effectiveness of existing child advocate programs in improving outcomes for trafficking victims and other vulnerable unaccompanied alien children; CommentsClose CommentsPermalink





‘(II) evaluate the implementation of child advocate programs in new sites pursuant to subparagraph (B); CommentsClose CommentsPermalink





‘(III) evaluate the funds available to the Secretary of Health and Human Services and project the additional funds that would be needed to fully implement effective child advocate programs for all trafficking victims and other 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; CommentsClose CommentsPermalink





‘(IV) evaluate the barriers to improving outcomes for trafficking victims and other vulnerable unaccompanied children; and CommentsClose CommentsPermalink





‘(V) make recommendations on statutory changes to improve the Child Advocate Program in relation to the matters analyzed under subclauses (I) through (IV). CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(I) the Committee on the Judiciary of the Senate; CommentsClose CommentsPermalink





‘(II) the Committee on Health, Education, Labor, and Pensions of the Senate; CommentsClose CommentsPermalink





‘(III) the Committee on the Judiciary of the House of Representatives; and CommentsClose CommentsPermalink





‘(IV) the Committee on Education and the Workforce of the House of Representatives. CommentsClose CommentsPermalink





‘(EF) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary and Human Services to carry out this subsection-- CommentsClose CommentsPermalink





‘(i) $1,000,000 for each of the fiscal years 2012 and 2013; and CommentsClose CommentsPermalink





‘(ii) $2,000,000 for each of the fiscal years 2014 and 2015.’. CommentsClose CommentsPermalink

SEC. 4043. ACCESS TO FEDERAL FOSTER CARE AND UNACCOMPANIED REFUGEE MINOR PROTECTIONS FOR CERTAIN U VISA RECIPIENTS.

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





(1) in subparagraph (A), CommentsClose CommentsPermalink





(A) by striking ‘either’; CommentsClose CommentsPermalink





(B) by striking ‘or who’ and inserting a comma; and CommentsClose CommentsPermalink





(C) by inserting ‘, or has been granted status under section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)),’ before ‘, shall be eligible’; and CommentsClose CommentsPermalink





(2) in subparagraph (B), by inserting ‘, or status under section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)),’ after ‘(8 U.S.C. 1101(a)(27)(J))’. CommentsClose CommentsPermalink

SEC. 4054. GAO STUDY OF THE EFFECTIVENESS OF BORDER SCREENINGS.

(a) Study- CommentsClose CommentsPermalink





(1) IN GENERAL- The Comptroller General of the United States shall conduct a study examining the effectiveness of screenings conducted by Department of Homeland Security personnel in carrying out section 235(a)(4) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(4)). CommentsClose CommentsPermalink





(2) STUDY- In carrying out paragraph (1), the Comptroller General shall take into account-- CommentsClose CommentsPermalink





(A) the degree to which Department of Homeland Security personnel are adequately ensuring that-- CommentsClose CommentsPermalink





(Ai) all children are being screened to determine whether they are described in section 235(a)(2)(A) of the William Wilberforce Trafficking Victims Protection Reauthorization Act; CommentsClose CommentsPermalink





(Bii) appropriate and reliable determinations are being made about whether children are described in section 235(a)(2)(A) of such Act;(C) children are , including determinations of the age of such children; CommentsClose CommentsPermalink





(iii) children are repatriated in an appropriate manner, consistent with clauses (i) through (iii) of section 235(a)(2)(C) of such Act; CommentsClose CommentsPermalink





(Div) children are appropriately being permitted to withdraw their applications for admission, in accordance with section 235(a)(2)(B)(i) of such Act; CommentsClose CommentsPermalink





(Ev) children are being properly cared for while they are in the custody of the Department of Homeland Security and awaiting repatriation or transfer to the custody of the Secretary of Health and Human Services; and CommentsClose CommentsPermalink





(Fvi) children are being transferred to the custody of the Secretary of Health and Human Services in a manner that is consistent with such Act; and CommentsClose CommentsPermalink





(B) the number of such children that have been transferred to the custody of the Department of Health and Human Services, the Federal funds expended to maintain custody of such children, and the Federal benefits available to such children, if any. CommentsClose CommentsPermalink





(3) ACCESS TO DEPARTMENT OF HOMELAND SECURITY OPERATIONS- CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in subparagraph (B), for the purposes of conducting the study described in subsection (a), the Secretary shall provide the Comptroller General with unrestricted access to all stages of screenings and other interactions between Department of Homeland Security personnel and children encountered by the Comptroller General. CommentsClose CommentsPermalink





(B) EXCEPTIONS- The Secretary shall not permit unrestricted access under subparagraph (A) if the Secretary determines that the security of a particular interaction would be threatened by such access. CommentsClose CommentsPermalink





(b) Report to Congress- Not later than 2 years after the date of the commencement of the study described in subsection (a), the Comptroller General of the United States shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that contains the Commission’s findings and recommendations. CommentsClose CommentsPermalink