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S. 1301 (112th): Trafficking Victims Protection Reauthorization Act of 2011


The text of the bill below is as of Jun 29, 2011 (Introduced).


II

112th CONGRESS

1st Session

S. 1301

IN THE SENATE OF THE UNITED STATES

June 29, 2011

(for himself, Mr. Brown of Massachusetts, Mr. Kerry, Mrs. Boxer, Mr. Cardin, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

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.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Trafficking Victims Protection Reauthorization Act of 2011.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—Combating international trafficking in persons

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

Sec. 102. Regional anti-trafficking officers.

Sec. 103. Partnerships against significant trafficking in persons.

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

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

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

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

TITLE II—Combating Trafficking in Persons in the United States

Subtitle A—Penalties against traffickers and other crimes

Sec. 201. Criminal offenses against traffickers.

Sec. 202. Civil remedies; clarifying definition.

Subtitle B—Ensuring availability of possible witnesses and informants

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

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

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

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

Subtitle C—Ensuring interagency coordination and expanded reporting

Sec. 221. Reporting requirements for the Attorney General.

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

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

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

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

Subtitle D—Enhancing State and local efforts to combat trafficking in persons

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

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

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

TITLE III—Authorization of appropriations

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

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

TITLE IV—Unaccompanied Alien Children

Sec. 401. Protection for minors seeking asylum.

Sec. 402. Appropriate custodial settings for unaccompanied minors who reach the age of majority while in Federal custody.

Sec. 403. Appointment of child advocates for unaccompanied minors.

Sec. 404. Access to Federal foster care and unaccompanied refugee minor protections for certain U Visa recipients.

Sec. 405. GAO study of the effectiveness of border screenings.

I

Combating international trafficking in persons

101.

Regional strategies for combating trafficking in persons

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

(1)

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

(2)

in subsection (e)(2)—

(A)

by striking (2) Coordination of certain activities.— and all that follows through exploitation.;

(B)

by redesignating subparagraph (B) as paragraph (2); and

(C)

by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively;

(3)

by redesignating subsection (f) as subsection (g); and

(4)

by inserting after subsection (e) the following:

(f)

Regional strategies for combating trafficking in persons

Each regional bureau in the Department of State shall contribute to the realization of the anti-trafficking goals and objectives of the Secretary of State. By June 30 of each year, in cooperation with the Office to Monitor and Combat Trafficking, each regional bureau shall submit a list of anti-trafficking goals and objectives for each country in its geographic area of responsibility. Host governments shall be informed of the goals and objectives for their particular country by June 30 and, to the extent possible, host government officials should contribute to the drafting of the goals and objectives.

.

102.

Regional anti-trafficking officers

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

(1)

by redesignating subsections (e), (f), (g), and (h) as subsections (f), (g), (h), and (i), respectively; and

(2)

by inserting after subsection (d), the following:

(e)

Regional anti-Trafficking in persons officers

Under the authority, direction, and control of the President, the Secretary of State, in accordance with the provisions of this Act, and in order to promote effective bilateral and regional anti-trafficking diplomacy, public diplomacy initiatives, and coordination of programs, is authorized—

(1)

to appoint, at United States embassies, anti-trafficking in persons officers, who shall collaborate with other countries to eliminate human trafficking; and

(2)

to use the officers appointed under paragraph (1) for tasks such as—

(A)

expanding the anti-trafficking efforts of the Office to Monitor and Combat Trafficking in Persons of the Department of State;

(B)

monitoring trafficking trends in the region;

(C)

assessing compliance with the provisions of this Act; and

(D)

assisting and advising United States embassies overseas on the preparation of the annual Trafficking in Persons Report.

.

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:

105A.

Creating, building, and strengthening partnerships against significant trafficking in persons

(a)

Declaration of purpose

The purpose of this section is to promote collaboration and cooperation—

(1)

between the United States Government and governments listed on the annual Trafficking in Persons Report;

(2)

between foreign governments and civil society actors; and

(3)

between the United States Government and private sector entities.

(b)

Partnerships

The Director, in coordination and cooperation with other officials at the Department of State involved in corporate responsibility and global partnerships, the Deputy Under Secretary for International Affairs of the Department of Labor, and other relevant officials of the United States Government, shall promote, build, and sustain partnerships between the United States Government and private entities, including foundations, universities, corporations, community-based organizations, and other nongovernmental organizations, to ensure that—

(1)

United States citizens do not use any item, product, or material produced or extracted with the use and labor from victims of severe forms of trafficking; and

(2)

such entities do not contribute to trafficking in persons involving sexual exploitation.

(c)

Additional measures To enhance anti-Trafficking response and capacity

The President shall establish and carry out programs with foreign governments and civil society to enhance anti-trafficking response and capacity, including—

(1)

technical assistance and other support to improve the capacity of foreign governments to investigate, identify, and carry out inspections of private entities, including labor recruitment centers, at which trafficking victims may be exploited, particularly exploitation involving forced and child labor;

(2)

technical assistance and other support for foreign governments and nongovernmental organizations to provide immigrant populations with information, in the native languages of the major immigrant groups of such populations, regarding the rights of such populations in the foreign country and local in-country nongovernmental organization-operated hotlines;

(3)

technical assistance to provide legal frameworks and other programs to foreign governments and nongovernmental organizations to ensure that—

(A)

foreign migrant workers are provided the same protection as nationals of the foreign country;

(B)

labor recruitment firms are regulated; and

(C)

workers providing domestic services in households are provided protection under labor rights laws; and

(4)

assistance to foreign governments to register vulnerable populations as citizens or nationals of the country to reduce the ability of traffickers to exploit such populations.

(d)

Program To address emergency situations

The Secretary of State, acting through the Ambassador-at-Large of the Office to Monitor and Combat Trafficking in Persons, is authorized to establish a fund to assist foreign governments in meeting unexpected, urgent needs in prevention of trafficking in persons, protection of victims, and prosecution of trafficking offenders.

(e)

Child protection compacts

(1)

In general

The Secretary of State, acting through the Ambassador-at-Large of the Office to Monitor and Combat Trafficking in Persons and in consultation with the Bureau of Democracy, Human Rights, and Labor, the Bureau of International Labor Affairs of the Department of Labor, the United States Agency for International Development, and other relevant agencies, is authorized to provide assistance under this section for each country that enters into a child protection compact with the United States to support policies and programs that—

(A)

prevent and respond to violence, exploitation, and abuse against children; and

(B)

measurably reduce severe forms of trafficking in children by building sustainable and effective systems of justice and protection.

(2)

Elements

A child protection compact under this subsection shall establish a multi-year plan for achieving shared objectives in furtherance of the purposes of this Act, and shall describe—

(A)

the specific objectives the foreign government and the United States Government expect to achieve during the term of the compact;

(B)

the responsibilities of the foreign government and the United States Government in the achievement of such objectives;

(C)

the particular programs or initiatives to be undertaken in the achievement of such objectives and the amount of funding to be allocated to each program or initiative by both countries;

(D)

regular outcome indicators to monitor and measure progress toward achieving such objectives; and

(E)

a multi-year financial plan, including the estimated amount of contributions by the United States Government and the foreign government, and proposed mechanisms to implement the plan and provide oversight.

(3)

Form of assistance

Assistance under this subsection may be provided in the form of grants, cooperative agreements, or contracts to or with national governments, regional or local governmental units, or non-governmental organizations or private entities with expertise in the protection of victims of severe forms of trafficking in persons.

(4)

Eligible countries

The Secretary of State, acting through the Office to Monitor and Combat Trafficking in Persons, and in consultation with the agencies set forth in paragraph (1) and relevant officers of the Department of Justice, shall select countries with which to enter into child protection compacts. The selection of countries under this paragraph shall be based on—

(A)

the selection criteria set forth in paragraph (5); and

(B)

objective, documented, and quantifiable indicators, to the maximum extent possible.

(5)

Selection criteria

A country shall be selected under paragraph (4) on the basis of—

(A)

a documented high prevalence of trafficking in persons within the country; and

(B)

demonstrated political will and sustained commitment by the government of such country to undertake meaningful measures to address severe forms of trafficking in persons, including protection of victims and the enactment and enforcement of anti-trafficking laws against perpetrators.

(6)

Suspension and termination of assistance

(A)

In general

The Secretary may suspend or terminate assistance provided under this subsection in whole or in part for a country or entity if the Secretary determines that—

(i)

the country or entity is engaged in activities that are contrary to the national security interests of the United States;

(ii)

the country or entity has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the country or entity, as the case may be; or

(iii)

the country or entity has failed to adhere to its responsibilities under the Compact.

(B)

Reinstatement

The Secretary may reinstate assistance for a country or entity suspended or terminated under this paragraph only if the Secretary determines that the country or entity has demonstrated a commitment to correcting each condition for which assistance was suspended or terminated under subparagraph (A).

.

104.

Protection and assistance for victims of trafficking

(a)

Task Force activities

Section 105(d)(6) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(6)) is amended by inserting , and make reasonable efforts to distribute information to enable all Federal Government agencies to publicize the National Human Trafficking Resource Center Hotline on their websites, in all headquarters offices, and in all field offices throughout the United States before the period at the end.

(b)

Congressional briefing

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

105.

Minimum standards for the elimination of trafficking

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

(1)

in paragraph (3)—

(A)

by striking peacekeeping and inserting diplomatic, peacekeeping,;

(B)

by striking , and measures and inserting , a transparent system for remediating or punishing such public officials as a deterrent, measures; and

(C)

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

(2)

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

(3)

in paragraph (7)—

(A)

by inserting , including diplomats and soldiers, after public officials;

(B)

by striking peacekeeping and inserting diplomatic, peacekeeping,; and

(C)

by inserting A government’s failure to remediate public allegations against such public officials, especially once such officials have returned to their home countries, shall be considered inaction under these criteria. after such trafficking.;

(4)

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

(5)

by inserting after paragraph (8) the following:

(9)

Whether the government has entered into transparent partnerships, cooperative arrangements, or agreements with—

(A)

domestic civil society organizations or the private sector to assist the government’s efforts to prevent trafficking, protect victims, and punish traffickers; or

(B)

the United States toward agreed goals and objectives in the collective fight against trafficking.

.

106.

Best practices in trafficking in persons eradication

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

(1)

in paragraph (1)—

(A)

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

(B)

in subparagraph (B), by striking compliance; and inserting “compliance, including the identification and mention of governments that—

(A)

are on such list and have demonstrated exemplary progress in their efforts to reach the minimum standards; or

(B)

have entered into an agreement with the Secretary to accomplish certain actions before the subsequent year’s annual report in an attempt to reach full compliance with the minimum standards;

;

(C)

in subparagraph (E), by striking ; and; and inserting a semicolon;

(D)

in subparagraph (F), by striking the period at the end and inserting ; and; and

(E)

by inserting at the end the following:

(G)

a section entitled Exemplary Governments and Practices in the Eradication of Trafficking in Persons to highlight—

(i)

effective practices and use of innovation and technology in prevention, protection, prosecution, and partnerships, including by foreign governments, the private sector, and domestic civil society actors; and

(ii)

governments that have shown exemplary overall efforts to combat trafficking in persons.

;

(2)

by striking paragraph (2); and

(3)

in paragraph (3), by adding at the end the following:

(E)

Public notice

Not later than 30 days after notifying Congress of each country determined to have met the requirements under subclauses (I) through (III) of subparagraph (A)(iii), the Secretary of State shall provide a detailed description of the credible evidence supporting such determination on a publicly available website maintained by the Department of State.

.

107.

Protections for domestic workers and other nonimmigrants

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

(1)

in subsection (a)—

(A)

in the subsection heading, by inserting and Video for Consular Waiting Rooms after Information Pamphlet; and

(B)

in paragraph (1)—

(i)

by inserting and video after information pamphlet; and

(ii)

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

(2)

in subsection (b), by inserting and video after information pamphlet;

(3)

in subsection (c)—

(A)

in paragraph (1), by inserting and produce or dub the video after information pamphlet; and

(B)

in paragraph (2), by inserting and the video produced or dubbed after translated; and

(4)

in subsection (d)—

(A)

in paragraph (1), by inserting and video after information pamphlet;

(B)

in paragraph (2), by inserting and video after information pamphlet; and

(C)

by adding at the end the following:

(4)

Deadline for video development and distribution

Not later than 1 year after the date of the enactment of the Trafficking Victims Protection Reauthorization Act of 2011, the Secretary of State shall make available the video developed under subsection (a) produced or dubbed in all the languages referred to in subsection (c).

.

II

Combating Trafficking in Persons in the United States

A

Penalties against traffickers and other crimes

201.

Criminal offenses against traffickers

(a)

RICO amendment

Section 1961(1)(B) of title 18, United States Code, is amended by inserting section 1351 (relating to fraud in foreign labor contracting), before section 1425.

(b)

Engaging in illicit sexual conduct in foreign places

Section 2423(c) of title 18, United States Code, is amended by inserting or resides, either temporarily or permanently, in a foreign country after commerce.

(c)

Unlawful conduct with respect to documents

(1)

In general

Chapter 77 of title 18, United States Code, is amended by adding at the end the following:

1597.

Unlawful conduct with respect to immigration documents

(a)

Destruction, concealment, removal, confiscation, or possession of immigration documents

It shall be unlawful for any person to knowingly destroy, or, for a period of more than 48 hours, conceal, remove, confiscate, or possess, an actual or purported passport or other immigration document of another individual—

(1)

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

(2)

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

(3)

in order to, without lawful authority, maintain, prevent, or restrict the labor of services of the individual.

(b)

Penalty

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

(c)

Obstruction

Any person who obstructs, attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall be subject to the penalties described in subsection (b).

.

(2)

Technical and conforming amendment

The table of sections for chapter 77 of title 18, United States Code, is amended by adding at the end the following:

1597. Unlawful conduct with respect to immigration documents.

.

202.

Civil remedies; clarifying definition

(a)

Civil remedy for personal injuries

Section 2255 of title 18, United States Code, is amended—

(1)

in subsection (a), by striking section 2241(c) and inserting section 1589, 1590, 1591, 2241(c); and

(2)

in subsection (b), by striking six years and inserting 10 years.

(b)

Definition

(1)

In general

Section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102) is amended—

(A)

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

(B)

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

(1)

Abuse or threatened abuse of law or legal process

The term abuse or threatened abuse of the legal process means the use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, in order to exert pressure on another person to cause that person to take some action or refrain from taking some action.

;

(C)

in paragraph (14), as redesignated, by striking paragraph (8) and inserting paragraph (9); and

(D)

in paragraph (15), as redesignated, by striking paragraph (8) or (9) and inserting paragraph (9) or (10).

(2)

Technical and conforming amendments

(A)

Trafficking Victims Protection Act of 2000

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

(i)

in section 110(e) (22 U.S.C. 7107(e))—

(I)

by striking section 103(7)(A) and inserting section 103(8)(A); and

(II)

by striking section 103(7)(B) and inserting section 103(8)(B); and

(ii)

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

(B)

North Korean Human Rights Act of 2004

Section 203(b)(2) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7833(b)(2)) is amended by striking section 103(14) and inserting section 103(15).

(C)

Trafficking Victims Protection Reauthorization Act of 2005

Section 207 of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044e) is amended—

(i)

in paragraph (1), by striking section 103(8) and inserting section 103(9);

(ii)

in paragraph (2), by striking section 103(9) and inserting section 103(10); and

(iii)

in paragraph (3), by striking section 103(3) and inserting section 103(4).

(D)

Violence Against Women and Department of Justice Reauthorization Act of 2005

Section 111(a)(1) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 14044f(a)(1)) is amended by striking paragraph (8) and inserting paragraph (9).

B

Ensuring availability of possible witnesses and informants

211.

Protections for trafficking victims who cooperate with law enforcement

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

(1)

in clause (i)—

(A)

in subclause (II)—

(i)

by inserting (aa) after (II); and

(ii)

by adding at the end the following:

or

(bb)

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

(AA)

to escape a serious threat based on that trafficking; or

(BB)

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

;

(B)

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

(C)

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

(2)

in clause (ii)(III), by inserting , or any adult or minor children of a derivative beneficiary of the alien, as after age.

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;.

213.

Protections for certain derivative beneficiaries of deceased trafficking or crime victims

Section 204(l)(2) of the Immigration and Nationality Act (8 U.S.C. 1154(l)(2)) is amended—

(1)

by redesignating subparagraph (F) as subparagraph (H); and

(2)

by striking subparagraph (E) and inserting the following:

(E)

a derivative beneficiary of an alien admitted in T nonimmigrant status (as described in section 101(a)(15)(T)(ii));

(F)

a derivative beneficiary of an alien admitted in U nonimmigrant status (as described in section 101(a)(15)(U)(ii));

(G)

a derivative beneficiary of an alien who was a VAWA self-petitioner; or

.

214.

Consultation with the Attorney General on adjustment of status of certain trafficking victims

Section 245(l)(1) of the Immigration and Nationality Act (8 U.S.C. 1255(l)(1)) is amended, in the matter preceding subparagraph (A), by inserting a comma after appropriate.

C

Ensuring interagency coordination and expanded reporting

221.

Reporting requirements for the Attorney General

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

(1)

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

(2)

by striking subparagraph (C) and inserting the following:

(C)

the number of persons who have applied for, been granted, or been denied a visa or otherwise provided status under subparagraph (T)(i) or (U)(i) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) during the preceding fiscal year;

(D)

the mean and median time in which it takes to adjudicate applications submitted under the provisions of law set forth in subparagraph (C), including the time between the receipt of an application and the issuance of a visa and work authorization;

(E)

any efforts being taken to reduce the adjudication and processing time, while ensuring the safe and competent processing of the applications;

;

(3)

in subparagraph (I)(iii), by striking and at the end;

(4)

in subparagraph (J), by striking the period at the end and inserting ; and; and

(5)

by adding at the end the following:

(K)

the activities undertaken by Federal agencies to train appropriate State, tribal, and local government and law enforcement officials to identify victims of severe forms of trafficking, including both sex and labor trafficking;

(L)

the activities undertaken by Federal agencies in cooperation with State, tribal, and local law enforcement officials to identify, investigate, and prosecute offenses under sections 1581, 1583, 1584, 1589, 1590, 1592, and 1594 of title 18, United States Code, or equivalent State offenses, including, in each fiscal year—

(i)

the number, age, gender, country of origin, and citizenship status of victims identified for each offense;

(ii)

the number of individuals charged, and the number of individuals convicted, under each offense;

(iii)

the number of individuals referred for prosecution for State offenses, including offenses relating to the purchasing of commercial sex acts;

(iv)

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

(v)

the number of victims granted a visa or otherwise provided status under subparagraph (T)(i) or (U)(i) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and

(M)

the activities undertaken by the Department of Justice and the Department of Health and Human Services to meet the specific needs of minor victims of domestic trafficking, including actions taken pursuant to subsection (f) and section 202(a) of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044(a)), and the steps taken to increase cooperation among Federal agencies to ensure the effective and efficient use of programs for which the victims are eligible.

.

222.

Reporting requirements for the Secretary of Labor

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

(3)

Submission to congress

Not later than December 1, 2012, and every 2 years thereafter, the Secretary of Labor shall submit the list developed under paragraph (2)(C) to Congress.

.

223.

Information sharing to combat child labor and slave labor

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

(3)

Information sharing

The Secretary of State shall, on a regular basis, provide information relating to child labor and forced labor in the production of goods in violation of international standards to the Department of Labor to be used in developing the list described in subsection (b)(2)(C).

.

224.

Government training efforts to include the Department of Labor

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

(1)

in the first sentence, by inserting the Department of Labor, the Equal Employment Opportunity Commission, before and the Department; and

(2)

in the second sentence, by inserting , in consultation with the Secretary of Labor, before shall provide.

225.

GAO report on the use of foreign labor contractors

(a)

In general

Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report on the use of foreign labor contractors to—

(1)

the Committee on the Judiciary of the Senate;

(2)

the Committee on Health, Education, Labor, and Pensions of the Senate;

(3)

the Committee on the Judiciary of the House of Representatives; and

(4)

the Committee on Education and the Workforce of the House of Representatives.

(b)

Contents

The report under subsection (a) should, to the extent possible—

(1)

address the role and practices of United States employers in—

(A)

the use of labor recruiters or brokers; or

(B)

directly recruiting foreign workers;

(2)

analyze the laws that protect such workers, both overseas and domestically;

(3)

describe the oversight and enforcement mechanisms in Federal departments and agencies for such laws; and

(4)

identify any gaps that may exist in these protections; and

(5)

recommend possible actions for Federal departments and agencies to combat any abuses.

(c)

Requirements

The report under subsection (a) shall—

(1)

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

(2)

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

(3)

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

(4)

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

D

Enhancing State and local efforts to combat trafficking in persons

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:

202.

Establishment of a grant program to develop, expand, and strengthen assistance programs for certain persons subject to trafficking

(a)

Definitions

In this section:

(1)

Assistant secretary

The term Assistant Secretary means the Assistant Secretary for Children and Families of the Department of Health and Human Services.

(2)

Assistant attorney general

The term Assistant Attorney General means the Assistant Attorney General for the Office of Justice Programs of the Department of Justice.

(3)

Eligible entity

The term eligible entity means a State or unit of local government that—

(A)

has significant criminal activity involving sex trafficking of minors;

(B)

has demonstrated cooperation between Federal, State, local, and, where applicable, tribal law enforcement agencies, prosecutors, and social service providers in addressing sex trafficking of minors;

(C)

has developed a workable, multi-disciplinary plan to combat sex trafficking of minors, including—

(i)

building or establishing a residential care facility for minor victims of sex trafficking, through;

(ii)

the provision of rehabilitative care to minor victims of sex trafficking;

(iii)

the provision of specialized training for law enforcement officers and social service providers for all forms of sex trafficking, with a focus on sex trafficking of minors;

(iv)

prevention, deterrence, and prosecution of offenses involving sex trafficking of minors;

(v)

cooperation or referral agreements with organizations providing outreach or other related services to runaway and homeless youth; and

(vi)

law enforcement protocols or procedures to screen all individuals arrested for prostitution, whether adult or minor, for victimization by sex trafficking and by other crimes, such as sexual assault and domestic violence; and

(D)

provides assurance that a minor victim of sex trafficking shall not be required to collaborate with law enforcement to have access to residential care or services provided with a grant under this section.

(4)

Minor victim of sex trafficking

The term minor victim of sex trafficking means an individual who—

(A)

is younger than 18 years of age, and is a victim of an offense described in section 1591(a) of title 18, United States Code, or a comparable State law; or

(B)
(i)

is not younger than 18 years of age nor older than 20 years of age;

(ii)

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

(iii)

was receiving shelter or services as a minor victim of sex trafficking.

(5)

Qualified nongovernmental organization

The term qualified nongovernmental organization means an organization that—

(A)

is not a State or unit of local government, or an agency of a State or unit of local government;

(B)

has demonstrated experience providing services to victims of sex trafficking or related populations (such as runaway and homeless youth), or employs staff specialized in the treatment of sex trafficking victims; and

(C)

demonstrates a plan to sustain the provision of services beyond the period of a grant awarded under this section.

(6)

Sex trafficking of a minor

The term sex trafficking of a minor means an offense (described in section 1591(a) of title 18, United States Code), against a minor.

(b)

Sex trafficking block grants

(1)

Grants authorized

(A)

In general

The Assistant Attorney General, in consultation with the Assistant Secretary, may make block grants to 4 eligible entities located in different regions of the United States to combat sex trafficking of minors.

(B)

Requirement

Not fewer than 1 of the block grants made under subparagraph (A) shall be awarded to an eligible entity with a State population of less than 5,000,000.

(C)

Grant amount

Subject to the availability of appropriations under subsection (g) to carry out this section, each grant made under this section shall be for an amount not less than $1,500,000 and not greater than $2,000,000.

(D)

Duration

(i)

In general

A grant made under this section shall be for a period of 1 year.

(ii)

Renewal

(I)

In general

The Assistant Attorney General may renew a grant under this section for up to 3 1-year periods.

(II)

Priority

In making grants in any fiscal year after the first fiscal year in which grants are made under this section, the Assistant Attorney General shall give priority to an eligible entity that received a grant in the preceding fiscal year and is eligible for renewal under this subparagraph, taking into account any evaluation of the eligible entity conducted under paragraph (4), if available.

(E)

Consultation

In carrying out this section, the Assistant Attorney General shall consult with the Assistant Secretary with respect to—

(i)

evaluations of grant recipients under paragraph (4);

(ii)

avoiding unintentional duplication of grants; and

(iii)

any other areas of shared concern.

(2)

Use of funds

(A)

Allocation

Not less than 67 percent of each grant made under paragraph (1) shall be used by the eligible entity to provide residential care and services (as described in clauses (i) through (iv) of subparagraph (B)) to minor victims of sex trafficking through qualified nongovernmental organizations.

(B)

Authorized activities

Grants awarded pursuant to paragraph (2) may be used for—

(i)

providing residential care to minor victims of sex trafficking, including temporary or long-term placement as appropriate;

(ii)

providing 24-hour emergency social services response for minor victims of sex trafficking;

(iii)

providing minor victims of sex trafficking with clothing and other daily necessities needed to keep such victims from returning to living on the street;

(iv)

case management services for minor victims of sex trafficking;

(v)

mental health counseling for minor victims of sex trafficking, including specialized counseling and substance abuse treatment;

(vi)

legal services for minor victims of sex trafficking;

(vii)

specialized training for social service providers, public sector personnel, and private sector personnel likely to encounter sex trafficking victims on issues related to the sex trafficking of minors and severe forms of trafficking in persons;

(viii)

outreach and education programs to provide information about deterrence and prevention of sex trafficking of minors;

(ix)

programs to provide treatment to individuals charged or cited with purchasing or attempting to purchase sex acts in cases where—

(I)

a treatment program can be mandated as a condition of a sentence, fine, suspended sentence, or probation, or is an appropriate alternative to criminal prosecution; and

(II)

the individual was not charged with purchasing or attempting to purchase sex acts with a minor; and

(x)

screening and referral of minor victims of severe forms of trafficking in persons.

(3)

Application

(A)

In general

Each eligible entity desiring a grant under this section shall submit an application to the Assistant Attorney General at such time, in such manner, and accompanied by such information as the Assistant Attorney General may reasonably require.

(B)

Contents

Each application submitted pursuant to subparagraph (A) shall—

(i)

describe the activities for which assistance under this section is sought; and

(ii)

provide such additional assurances as the Assistant Attorney General determines to be essential to ensure compliance with the requirements of this section.

(4)

Evaluation

The Assistant Attorney General shall enter into a contract with an academic or non-profit organization that has experience in issues related to sex trafficking of minors and evaluation of grant programs to conduct an annual evaluation of each grant made under this section to determine the impact and effectiveness of programs funded with the grant.

(c)

Mandatory exclusion

An eligible entity that receives a grant under this section that is found to have utilized grant funds for any unauthorized expenditure or otherwise unallowable cost shall not be eligible for any grant funds awarded under the grant for 2 fiscal years following the year in which the unauthorized expenditure or unallowable cost is reported.

(d)

Compliance requirement

An eligible entity shall not be eligible to receive a grant under this section if, during the 5 fiscal years before the eligible entity submits an application for the grant, the eligible entity has been found to have violated the terms or conditions of a Government grant program by utilizing grant funds for unauthorized expenditures or otherwise unallowable costs.

(e)

Administrative cap

The cost of administering the grants authorized by this section shall not exceed 3 percent of the total amount appropriated to carry out this section.

(f)

Audit requirement

For fiscal years 2014 and 2015, the Inspector General of the Department of Health and Human Services shall conduct an audit of all 4 eligible entities that receive block grants under this section.

(g)

Match requirement

An eligible entity that receives a grant under this section shall provide a non-Federal match in an amount equal to not less than—

(1)

15 percent of the grant during the first year;

(2)

25 percent of the grant during the first renewal period;

(3)

40 percent of the grant during the second renewal period; and

(4)

50 percent of the grant during the third renewal period.

(h)

No limitation on section 204 grants

An entity that applies for a grant under section 204 is not prohibited from also applying for a grant under this section.

(i)

Authorization of appropriations

There are authorized to be appropriated $8,000,000 to the Attorney General for each of the fiscal years 2012 through 2015 to carry out this section.

(j)

GAO evaluation

Not later than 30 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress that contains—

(1)

an evaluation of the impact of this section in aiding minor victims of sex trafficking in the jurisdiction of the entity receiving the grant; and

(2)

recommendations, if any, regarding any legislative or administrative action the Comptroller General determines appropriate.

.

(b)

Sunset provision

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

232.

Expanding local law enforcement grants for investigations and prosecutions of trafficking

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

(1)

in subsection (a)(1)—

(A)

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

(B)

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

(C)

by inserting after subparagraph (A) the following:

(B)

to train law enforcement personnel how to identify victims of severe forms of trafficking in persons and related offenses;

; and

(D)

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

(2)

by redesignating subsection (d) as subsection (e);

(3)

by inserting after subsection (c) the following:

(d)

No limitation on section 202 grant applications

An entity that applies for a grant under section 202 is not prohibited from also applying for a grant under this section.

;

(4)

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

(5)

by adding at the end the following:

(f)

GAO evaluation and report

Not later than 30 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study of and submit to Congress a report evaluating the impact of this section on—

(1)

the ability of law enforcement personnel to identify victims of severe forms of trafficking in persons and investigate and prosecute cases against offenders, including offenders who engage in the purchasing of commercial sex acts with a minor; and

(2)

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

.

233.

Model State criminal law protection for child trafficking victims and survivors

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

(1)

in paragraph (1), by striking and at the end;

(2)

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

(3)

by inserting after paragraph (1) the following:

(2)

protects children exploited through prostitution by including safe harbor provisions that—

(A)

treat an individual under 18 years of age who has been arrested for engaging in, or attempting to engage in, a sexual act with another person in exchange for monetary compensation as a victim of a severe form of trafficking in persons;

(B)

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

(C)

require the referral of an individual described in subparagraph (A) to appropriate service providers, including comprehensive service or community-based programs that provide assistance to child victims of commercial sexual exploitation; and

(D)

provide that an individual described in subparagraph (A) shall not be required to prove fraud, force, or coercion in order to receive the protections described under this paragraph;

.

III

Authorization of appropriations

301.

Adjustment of authorization levels for the Trafficking Victims Protection Act of 2000

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

(1)

in section 112A(b)(4) (22 U.S.C. 7109a(b)(4)), by striking 2008 through 2011 and inserting 2012 through 2015;

(2)

in section 112B(d) (22 U.S.C. 7109b(d)), by striking 2008 through 2011 and inserting 2012 through 2015; and

(3)

in section 113 (22 U.S.C. 7110)—

(A)

subsection (a)—

(i)

by striking 2008 through 2011 each place it appears and inserting 2012 through 2015; and

(ii)

by inserting , including regional trafficking in persons officers, after for additional personnel;

(B)

in subsection (b)—

(i)

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

(ii)

in paragraph (2), by striking to the Secretary of Health and Human Services and all that follows and inserting $7,000,000 to the Secretary of Health and Human Services for each of the fiscal years 2012 through 2015.;

(C)

in subsection (c)(1)—

(i)

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

(ii)

in subparagraph (B)—

(I)

by striking $15,000,000 for fiscal year 2003 and $10,000,000 for each of the fiscal years 2008 through 2011 and inserting $10,000,000 for each of the fiscal years 2012 through 2015; and

(II)

by striking 2008 through 2011 and inserting 2012 through 2015; and

(iii)

in subparagraph (C), by striking 2008 through 2011 and inserting 2012 through 2015;

(D)

in subsection (d)—

(i)

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

(ii)

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

(iii)

in paragraph (2), as redesignated, by striking 2008 through 2011 and inserting 2012 through 2015; and

(iv)

in paragraph (3), as redesignated, by striking to the Attorney General and all that follows and inserting $7,000,000 to the Attorney General for each of the fiscal years 2012 through 2015.;

(E)

in subsection (e), by striking 2008 through 2011 each place it appears and inserting 2012 through 2015;

(F)

in subsection (f), by striking 2008 through 2011 and inserting 2012 through 2015;

(G)

in subsection (h), by striking 2008 through 2011 and inserting 2012 through 2015; and

(H)

in subsection (i), by striking 2008 through 2011 and inserting 2012 through 2015.

302.

Adjustment of authorization levels for the Trafficking Victims Protection Reauthorization Act of 2005

The Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109–164) is amended—

(1)

by striking section 102(b)(7); and

(2)

in section 201(c), by striking 2008 through 2011 each place it appears and inserting 2012 through 2015.

IV

Unaccompanied Alien Children

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.

.

402.

Appropriate custodial settings for unaccompanied minors who reach the age of majority while in Federal custody

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

(1)

by striking Subject to and inserting the following:

(A)

Minors in department of health and human services custody

Subject to

; and

(2)

by adding at the end the following:

(B)

Aliens transferred from department of health and human services to department of homeland security custody

If a minor described in subparagraph (A) reaches 18 years of age and is transferred to the custody of the Secretary of Homeland Security, the Secretary shall consider placement in the least restrictive setting available after taking into account the alien's danger to self, danger to the community, and risk of flight. Such aliens shall be eligible to participate in alternative to detention programs, utilizing a continuum of alternatives based on the alien's need for supervision, which may include placement of the alien with an individual or an organizational sponsor, or in a supervised group home.

.

403.

Appointment of child advocates for unaccompanied minors

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

(1)

by striking The Secretary and inserting the following:

(A)

In general

The Secretary

; and

(2)

by adding at the end the following:

(B)

Appointment of child advocates

(i)

Initial sites

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

(ii)

Additional sites

Not later than 3 years after the date of the enactment of the Trafficking Victims Protection Reauthorization Act of 2011, the Secretary shall establish and implement child advocate programs at immigration detention sites at which more than 50 children are held in immigration custody.

(iii)

Selection of sites

Sites at which child advocate programs will be established under this subparagraph shall be selected sequentially, with priority given to locations with—

(I)

the largest number of unaccompanied alien children; and

(II)

the most vulnerable populations of unaccompanied children.

(C)

Annual report to congress

Not later than 1 year after the date of the enactment of the Trafficking Victims Protection Reauthorization Act of 2011, and annually thereafter, the Secretary of Health and Human Services shall submit a report describing the activities undertaken by the Secretary to authorize the appointment of independent Child Advocates for trafficking victims and vulnerable unaccompanied alien children to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.

(D)

Assessment of child advocate program

(i)

In general

As soon as practicable after the date of the enactment of the Trafficking Victims Protection Reauthorization Act of 2011, the Comptroller General of the United States shall conduct a study regarding the effectiveness of the Child Advocate Program operated by the Secretary of Health and Human Services.

(ii)

Matters to be studied

In the study required under clause (i), the Comptroller General shall collect information and analyze the following:

(I)

analyze the effectiveness of existing child advocate programs in improving outcomes for trafficking victims and other vulnerable unaccompanied alien children;

(II)

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

(III)

evaluate the funds available to the Secretary of Health and Human Services and project the additional funds that would be needed to fully implement effective child advocate programs for all trafficking victims and other vulnerable unaccompanied children;

(IV)

evaluate the barriers to improving outcomes for trafficking victims and other vulnerable unaccompanied children; and

(V)

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

(iii)

GAO report

Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit the results of the study required under this subparagraph to—

(I)

the Committee on the Judiciary of the Senate;

(II)

the Committee on Health, Education, Labor, and Pensions of the Senate;

(III)

the Committee on the Judiciary of the House of Representatives; and

(IV)

the Committee on Education and the Workforce of the House of Representatives.

(E)

Authorization of appropriations

There are authorized to be appropriated to the Secretary and Human Services to carry out this subsection—

(i)

$1,000,000 for each of the fiscal years 2012 and 2013; and

(ii)

$2,000,000 for each of the fiscal years 2014 and 2015.

.

404.

Access to Federal foster care and unaccompanied refugee minor protections for certain U Visa recipients

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

(1)

in subparagraph (A),

(A)

by striking either;

(B)

by striking or who and inserting a comma; and

(C)

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

(2)

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

405.

GAO study of the effectiveness of border screenings

(a)

Study

(1)

In general

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

(2)

Study

In carrying out paragraph (1), the Comptroller General shall take into account the degree to which Department of Homeland Security personnel are adequately ensuring that—

(A)

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

(B)

appropriate and reliable determinations are being made about whether children are described in section 235(a)(2)(A) of such Act;

(C)

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

(D)

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

(E)

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

(F)

children are being transferred to the custody of the Secretary of Health and Human Services in a manner that is consistent with such Act.

(3)

Access to department of homeland security operations

(A)

In general

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

(B)

Exceptions

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

(b)

Report to Congress

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