I
112th CONGRESS
1st Session
H. R. 3589
IN THE HOUSE OF REPRESENTATIVES
December 7, 2011
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 concerned
A BILL
To authorize appropriations for fiscal years 2012 and 2013 for the Trafficking Victims Protection Act of 2000, and for other purposes.
Short title and table of contents
Short title
This Act may be cited
as the Trafficking Victims Protection
Reauthorization Act of 2011
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title and table of contents.
Title I—Combating international trafficking in persons
Sec. 101. Authority to restrict passports.
Sec. 102. Office To Monitor and Combat Modern Slavery and Other Forms of Human Trafficking.
Sec. 103. Prevention of trafficking.
Sec. 104. Reports to Congress.
Sec. 105. Temporary increase in fee for certain consular services.
Sec. 106. Additional activities to monitor and combat forced labor and child labor.
Sec. 107. Enhancing protection for children exploited abroad by United States citizens and permanent resident aliens.
Sec. 108. Sense of Congress on human trafficking in Cambodia.
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.
Sec. 110. Report on Internet-facilitated human trafficking.
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.
Sec. 202. Interagency Task Force To Monitor and Combat Trafficking.
Sec. 203. Ensuring timely response to requests for continued presence.
Sec. 204. Report to Congress.
Subtitle B—Amendments to title 18, United States Code
Sec. 211. Renaming of basic Federal trafficking statute.
Sec. 212. Clarifying trafficking definitions and prosecution.
Sec. 213. Fighting sex tourism.
Sec. 214. Identification documents.
Sec. 215. Fraud in foreign labor contracting as a Rico Predicate.
Subtitle C—Amendments to other laws
Sec. 221. Enhancing efforts to combat the trafficking of children.
Sec. 222. Improving local efforts to combat trafficking and sexual exploitation of children.
Sec. 223. Efforts to publicize the National Human Trafficking Resource Center hotline.
Title III—Authorization of appropriations
Sec. 301. Trafficking Victims Protection Act of 2000.
Sec. 302. Trafficking Victims Protection Reauthorization Act of 2005.
Sec. 303. Eligibility for assistance.
Sec. 304. Reporting requirements.
Combating international trafficking in persons
Authority to restrict passports
In general
The Secretary of State is authorized to—
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; and
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.
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.
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.
Definitions
For purposes of this section:
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).
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).
Office To Monitor and Combat Modern Slavery and Other Forms of Human Trafficking
In general
Section 105(e) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(e)) is amended—
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
;
in paragraph (1)—
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
; and
in the second sentence—
by
striking a Director
and inserting an Ambassador-at-Large
for Combating Human Trafficking (referred to in this section as the
;Ambassador
)
by
striking with the rank
and inserting with the rank and
status
; and
in
the third, fourth, and fifth sentences, by striking Director
each place it appears and inserting Ambassador
; and
in paragraph (2)—
by striking
Director
each place it appears and inserting
Ambassador
; and
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
.
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.
Prevention of trafficking
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—
by striking
The President
and inserting the following:
In general
The President
;
in paragraph (1)
(as redesignated), by inserting targeted
after carry
out
;
by striking
Such initiatives
and inserting the following:
Initiatives
Such initiatives
;
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;
in paragraph (2) (as redesignated)—
in subparagraph
(A) (as redesignated), by inserting and micro-enterprise
after
microcredit
;
in subparagraph
(D) (as redesignated), by striking and
at the end;
in subparagraph
(E) (as redesignated), by striking the period at the end and inserting ;
and
; and
by adding at the end the following:
public-private partnerships to generate youth employment opportunities.
; and
by adding at the end the following:
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:
Stateless persons.
Refugees and internally displaced persons.
Persons who lack access to legal representation or are otherwise marginalized.
Persons from regions of limited social protections or educational or economic options for women, particularly persons who are victims of sexual abuse or exploitation.
Persons from regions of high undocumented migration or displacement resulting from violent conflict or natural disasters.
Persons from regions with high rates of child labor, child abandonment, or child sex tourism.
Persons who meet one or more of the criteria in subparagraphs (A) through (F).
.
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—
by striking
The
and inserting the following:
Incorporation of measures into existing programs
The
; and
by adding at the end the following:
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.
.
Reports to Congress
Section 110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) is amended—
in paragraph (1)—
in the matter
preceding subparagraph (A), by inserting , acting through the
Ambassador-at-Large for Combating Human Trafficking,
after
Secretary of State
;
in subparagraph (E), by striking
and
at the end;
by redesignating subparagraph (F) as subparagraph (I); and
by inserting after subparagraph (E) the following:
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;
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;
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
; and
in paragraph (2), by inserting ,
acting through the Ambassador-at-Large for Combating Human Trafficking,
after Secretary of State
.
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
.
Additional activities to monitor and combat forced labor and child labor
In general
Section 105(b) of the Trafficking Victims Protection Reauthorization Act of 2005 (22 U.S.C. 7112(b)) is amended—
in paragraph (1),
by inserting and the United States
after foreign
countries
; and
in paragraph (2)(C)—
by inserting
and Congress
after public
; and
by inserting
, including the United States,
after
countries
.
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:
Additional activities of the Department of State
Short title
This subsection may be
cited as the Business Transparency on Trafficking and Slavery
Act
.
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:
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.
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.
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—
describe the greatest risks identified within the supply chain, and the measures taken toward eliminating those risks;
specify whether the verification was or was not conducted by a third party; and
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.
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.
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.
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.
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.
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.
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.
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.
Definitions
In this subsection—
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;
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;
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;
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; and
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—
data gathered through monitoring activities to ensure results are reliable and process is credible; and
the system established to remediate violations to determine if remediation is implemented and effective.
.
Enhancing protection for children exploited abroad by United States citizens and permanent resident aliens
Section 2423 of title 18, United States Code, is amended—
in subsection (c)—
by inserting
or engages in travel affecting
before foreign
commerce
; and
by inserting
(even if residing, whether temporarily or permanently, in a foreign
jurisdiction)
after foreign commerce
; and
by inserting after subsection (g) the following:
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.
.
Sense of Congress on human trafficking in Cambodia
Findings
Congress finds the following:
According to notable news sources, the
Kingdom of Cambodia remains a magnet
for those who sexually prey
on the young.
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
.
According to Human
Rights Watch, Cambodia is plagued not only by widespread abuses
committed by officials, but impunity for perpetrators.
.
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
.
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.
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.
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).
Sense of Congress
It is the sense of Congress that—
the measures taken by the Government of Cambodia are insufficient in addressing the scope of Cambodia’s human trafficking problem; and
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).
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
Prohibition on peacekeeping operations assistance
In general
Section 404(a) of the Child Soldiers Prevention Act of 2008 (22 U.S.C. 2370c–1(a)) is amended—
by striking
or 541
and inserting , 541, or 551
; and
by striking
or 2347
and inserting , 2347, or 2348
.
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.
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:
National interest waiver
The President may waive the application to a country of the prohibition in subsection (a) if—
the President determines that such waiver is in the national interest of the United States; and
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.
.
Report on Internet-facilitated human trafficking
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.
Matters To be included
The report shall include the following:
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.
Factors that impact the prevalence of Internet-facilitated trafficking, such as geography, season, and large events.
Specific challenges faced by Federal departments and agencies in preventing Internet-facilitated trafficking and prosecuting offenders.
Proposals to assist the Federal government to prevent Internet-facilitated human trafficking. In drafting the proposals, the Senior Policy Operating Group should examine—
adoption of cutting-edge technology;
collaboration between the private and public sectors;
enforcement of current laws;
improved information gathering and interdepartmental collaboration; and
development of new laws and policies.
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.
Definitions
In this section—
the term
Internet-facilitated human trafficking
means the use of the
Internet to engage in severe forms of trafficking in persons;
the term
Senior Policy Operating Group
means the Senior Policy Operating
Group—
established under section 105(f) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(f)); and
chaired by the Ambassador-at-Large for Combating Human Trafficking; and
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)).
Combating trafficking in persons in the United States
Amendments to the Trafficking Victims Protection Act of 2000
Transfer of United States programming to the Attorney General
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—
in subsection (b),
by striking the Secretary of Health and Human Services,
;
and
in subsection
(d)(7)(A), by striking the Secretary of Health and Human
Services,
.
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,
.
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—
in subparagraph
(B), by striking the Secretary of Health and Human Services
each
place it appears and inserting the Attorney General
; and
in subparagraph (E)—
in clause (i)—
by
striking the Secretary of Health and Human Services
and
inserting the Attorney General
; and
by
striking the Attorney General and
; and
in clause (iv), by
striking the Secretary of Health and Human Services
and
inserting the Attorney General
.
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
.
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—
in paragraph (1)—
by striking
The Secretary of Health and Human Services and the
and inserting
The
; and
by striking
the Secretary and
; and
in paragraph
(3)(A), by striking The Secretary of Health and Human Services and
the
and inserting The
.
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,
.
Interagency Task Force To Monitor and Combat Trafficking
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,
.
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—
in subparagraph (H)(iii), by striking the semicolon at the end and inserting the following:
, including whether—
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; and
any employees of such government contractors or subcontractors have been disciplined or terminated or prosecuted for violation of the zero-tolerance policy;
; and
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
.
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—
in subparagraph
(I), by striking and
at the end;
in subparagraph
(J), by striking the period at the end and inserting ; and
;
and
by adding the following:
with regard to grant activities of the Bureau of Justice Assistance—
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;
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; and
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.
.
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—
by inserting
or may be a victim of a severe form of trafficking
before
and may be a potential witness
; and
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.
.
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:
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.
.
Amendments to title 18, United States Code
Renaming of basic Federal trafficking statute
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
.
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:
2422. Sex trafficking and related offenses.
.
Clarifying trafficking definitions and prosecution
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
.
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:
1591. Severe forms of trafficking in persons.
.
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
.
Identification documents
In general
Chapter 77 of title 18, United States Code, is amended by adding at the end the following:
Unlawful conduct with respect to immigration documents
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—
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);
with intent to violate section 1351 of this title or section 274 of the Immigration and Nationality Act (8 U.S.C. 1324); or
in order to, without lawful authority, maintain, prevent, or restrict the labor of services of the individual.
Penalty
Whoever violates subsection (a) shall be fined under this title, imprisoned for not more than 1 year, or both.
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).
.
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:
1597. Unlawful conduct with respect to immigration documents.
.
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),
.
Amendments to other laws
Enhancing efforts to combat the trafficking of children
Combating child trafficking at the border and ports of entry of the United States
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—
in clause (ii), by
striking and
at the end;
in clause (iii),
by striking the period at the end and inserting ; and
;
and
by adding at the end the following:
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.
.
Section 235(a)(4) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(4)) is amended—
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
; and
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.
.
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:
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:
The number of alien children encountered by U.S. Customs and Border Protection.
The number of alien children screened for severe forms of human trafficking.
Whether the screening was conducted by an individual with expertise in child welfare.
How many of these children were repatriated and how many were diverted into services.
.
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
.
Providing safe and secure placements for children
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—
has been placed under this paragraph as a child;
has demonstrated that he or she is not a danger to the community or a flight risk; and
has become ineligible, by reason of age, for placement as a child.
.
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:
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.
.
Strike A
home study
and insert the following: If the sponsor is anyone
other than the parent, a home study
.
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,
.
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—
in paragraph (32),
by striking and
at the end;
in paragraph (33),
by striking the period at the end and inserting ; and
;
and
by adding at the end the following:
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—
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;
training for the child welfare employees who are likely to come into contact with child victims of human trafficking;
jurisdictional limits and other issues that hinder State child welfare response to aid child victims of human trafficking;
data collection regarding children identified by child welfare services as victims of trafficking and, if known, relationship to exploiter; and
prevention education to families and at-risk children, including runaway and homeless youth, regarding human trafficking and commercial sexual exploitation.
.
Efforts to publicize the National Human Trafficking Resource Center hotline
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.
Hotline information
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.
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:
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.
Poster specifications
The poster
should be no smaller than 8½ 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.
.
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.
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.
Definition of Mandated Establishment
For purposes of this section, a mandated establishment means—
a massage parlor, spa, or other similar establishment;
an establishment that receives a liquor license;
a strip club or other sexually oriented business;
a restaurant;
an airport;
a train station;
a bus station;
a highway truck stop;
a highway rest stop;
a hospital, HMO, or urgent care center;
a farm;
a high school; or
a job recruitment center.
Authorization of appropriations
Trafficking Victims Protection Act of 2000
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
.
Authorizations of appropriations
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
.
Section 113 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110) is amended—
in subsection (a)—
in the first sentence—
by striking
104,
; and
by striking
fiscal years 2008 through 2011
and inserting fiscal years
2012 and 2013
; and
in the second sentence, by striking
fiscal years 2008 through 2011
and inserting fiscal years
2012 and 2013
;
by striking subsection (b);
in subsection (c)(1)—
in subparagraph (A), by striking
fiscal years 2008 through 2011
and inserting fiscal years
2012 and 2013
;
in subparagraph (B), by striking
fiscal years 2008 through 2011
each place it appears and
inserting fiscal years 2012 and 2013
; and
in subparagraph (C), by striking
fiscal years 2008 through 2011
and inserting fiscal years
2012 and 2013
;
in subsection (d)—
by redesignating subparagraphs (A) through (C) as paragraphs (1) through (3), respectively;
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
;
in paragraph (2) (as redesignated), by
striking fiscal years 2008 through 2011
and inserting
fiscal years 2012 and 2013
; and
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.
;
in subsection (e)—
in paragraph (1), by striking fiscal
years 2008 through 2011
and inserting fiscal years 2012 and
2013
;
in paragraph (2), by striking fiscal
years 2008 through 2011
and inserting fiscal years 2012 and
2013
; and
in paragraph (3), by striking fiscal
years 2008 through 2011
and inserting fiscal years 2012 and
2013
;
in subsection (f), by striking
fiscal years 2008 through 2011
and inserting fiscal years
2012 and 2013
;
in subsection (h), by striking
fiscal years 2008 through 2011
and inserting fiscal years
2012 and 2013
; and
in subsection (i), by striking
fiscal years 2008 through 2011
and inserting fiscal years
2012 and 2013
.
Trafficking Victims Protection Reauthorization Act of 2005
The Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109–164) is amended—
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
;
in section 201(c) by striking fiscal
years 2008 through 2011
each place it appears and inserting
fiscal years 2012 and 2013
;
in section 202—
in subsection (a),
by striking The Secretary of Health and Human Services
and
inserting The Attorney General
;
in subsection (b),
by striking the Secretary
and inserting the Attorney
General
; and
in subsection (d),
by striking fiscal years 2008 through 2011
and inserting
fiscal years 2012 and 2013
;
in section 203—
by striking
the Secretary of Health and Human Services
each place it appears
and inserting the Attorney General
; and
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
;
and
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
.
Eligibility for assistance
Prohibition against discrimination
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—
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; or
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).
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—
do not violate the provisions of paragraph (1); and
are not made for any program, project, or activity for which Federal funding is otherwise prohibited.
Remedies
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—
injunctions prohibiting conduct that violates this section; and
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.
Commencement of action
An action under this section may be instituted by—
any organization that has standing to complain of an actual or threatened violation of this section; or
the Attorney General of the United States.
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.
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)—
to receive complaints alleging a violation of this section; and
to pursue the investigation of such complaints, in coordination with the Attorney General.
Provisions of law
The provisions of law referenced in this subsection are the following:
This Act or any amendment made by this Act.
The Trafficking Victims Protection Act of 2000.
The Trafficking Victims Protection Reauthorization Act of 2005.
The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008.
Reporting requirements
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—
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;
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; and
the appropriations account from which each activity described in paragraph (2) was funded and the amount contributed from such account for each activity.
Nondiscrimination
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).
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—
any actions filed pursuant to section 303(b);
any complaints filed pursuant to section 303(c)(1); and
the status and results, if available, of any investigation undertaken pursuant to section 303(c)(2).