[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 7311 Engrossed in House (EH)]
110th CONGRESS
2d Session
H. R. 7311
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal years 2008 through 2011 for the
Trafficking Victims Protection Act of 2000, to enhance measures to
combat trafficking in persons, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``William
Wilberforce Trafficking Victims Protection Reauthorization Act of
2008''.
(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. Interagency Task Force to Monitor and Combat Trafficking.
Sec. 102. Office to Monitor and Combat Trafficking.
Sec. 103. Prevention and prosecution of trafficking in foreign
countries.
Sec. 104. Assistance for victims of trafficking in other countries.
Sec. 105. Increasing effectiveness of anti-trafficking programs.
Sec. 106. Minimum standards for the elimination of trafficking.
Sec. 107. Actions against governments failing to meet minimum
standards.
Sec. 108. Research on domestic and international trafficking in
persons.
Sec. 109. Presidential Award for Extraordinary Efforts to Combat
Trafficking in Persons.
Sec. 110. Report on activities of the Department of Labor to monitor
and combat forced labor and child labor.
Sec. 111. Sense of Congress regarding multilateral framework between
labor exporting and labor importing
countries.
TITLE II--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES
Subtitle A--Ensuring Availability of Possible Witnesses and Informants
Sec. 201. Protecting trafficking victims against retaliation.
Sec. 202. Protections for domestic workers and other nonimmigrants.
Sec. 203. Protections, remedies, and limitations on issuance for A-3
and G-5 visas.
Sec. 204. Relief for certain victims pending actions on petitions and
applications for relief.
Sec. 205. Expansion of authority to permit continued presence in the
United States.
Subtitle B--Assistance for Trafficking Victims
Sec. 211. Assistance for certain nonimmigrant status applicants.
Sec. 212. Interim assistance for children.
Sec. 213. Ensuring assistance for all victims of trafficking in
persons.
Subtitle C--Penalties Against Traffickers and Other Crimes
Sec. 221. Restitution of forfeited assets; enhancement of civil action.
Sec. 222. Enhancing penalties for trafficking offenses.
Sec. 223. Jurisdiction in certain trafficking offenses.
Sec. 224. Bail conditions, subpoenas, and repeat offender penalties for
sex trafficking.
Sec. 225. Promoting effective State enforcement.
Subtitle D--Activities of the United States Government
Sec. 231. Annual report by the Attorney General.
Sec. 232. Investigation by the Inspectors General.
Sec. 233. Senior Policy Operating Group.
Sec. 234. Preventing United States travel by traffickers.
Sec. 235. Enhancing efforts to combat the trafficking of children.
Sec. 236. Restriction of passports for sex tourism.
Sec. 237. Additional reporting on crime.
Sec. 238. Processing of certain visas.
Sec. 239. Temporary increase in fee for certain consular services.
TITLE III--AUTHORIZATIONS OF APPROPRIATIONS
Sec. 301. Trafficking Victims Protection Act of 2000.
Sec. 302. Trafficking Victims Protection Reauthorization Act of 2005.
Sec. 303. Rule of construction.
Sec. 304. Technical amendments.
TITLE IV--CHILD SOLDIERS PREVENTION
Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Sense of Congress.
Sec. 404. Prohibition.
Sec. 405. Reports.
Sec. 406. Training for foreign service officers.
Sec. 407. Effective date; applicability.
TITLE I--COMBATING INTERNATIONAL TRAFFICKING IN PERSONS
SEC. 101. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.
Section 105(b) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7103(b)) is amended by inserting ``the Secretary of
Education,'' after ``the Secretary of Homeland Security,''.
SEC. 102. OFFICE TO MONITOR AND COMBAT TRAFFICKING.
Section 105(e) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7103(e)) is amended--
(1) in the subsection heading, by striking ``Support for
the Task Force'' and inserting ``Office To Monitor and Combat
Trafficking'';
(2) by striking ``The Secretary of State is authorized to''
and inserting the following:
``(1) In general.--The Secretary of State shall''; and
(3) by adding at the end the following:
``(2) Coordination of certain activities.--
``(A) Partnerships.--The Director, in coordination
and cooperation with other officials at the Department
of State involved in corporate responsibility, the
Deputy Under Secretary for International Affairs of the
Department of Labor, and other relevant officials of
the United States Government, shall promote, build, and
sustain partnerships between the United States
Government and private entities (including foundations,
universities, corporations, community-based
organizations, and other nongovernmental organizations)
to ensure that--
``(i) United States citizens do not use any
item, product, or material produced or
extracted with the use of labor from victims of
severe forms of trafficking; and
``(ii) such entities do not contribute to
trafficking in persons involving sexual
exploitation.
``(B) United states assistance.--The Director shall
be responsible for--
``(i) all policy, funding, and programming
decisions regarding funds made available for
trafficking in persons programs that are
centrally controlled by the Office to Monitor
and Combat Trafficking; and
``(ii) coordinating any trafficking in
persons programs of the Department of State or
the United States Agency for International
Development that are not centrally controlled
by the Director.''.
SEC. 103. PREVENTION AND PROSECUTION OF TRAFFICKING IN FOREIGN
COUNTRIES.
(a) Prevention.--Section 106 of the Trafficking Victims Protection
Act of 2000 (22 U.S. C. 7104) is amended by adding at the end the
following:
``(i) Additional Measures To Prevent and Deter Trafficking.--The
President shall establish and carry out programs to prevent and deter
trafficking in persons, including--
``(1) technical assistance and other support to improve the
capacity of foreign governments to investigate, identify, and
carry out inspections of private entities, including labor
recruitment centers, at which trafficking victims may be
exploited, particularly exploitation involving forced and child
labor;
``(2) technical assistance and other support for foreign
governments and nongovernmental organizations to provide
immigrant populations with information, in the native languages
of the major immigrant groups of such populations, regarding
the rights of such populations in the foreign country and local
in-country nongovernmental organization-operated hotlines;
``(3) technical assistance to provide legal frameworks and
other programs to foreign governments and nongovernmental
organizations to ensure that--
``(A) foreign migrant workers are provided the same
protection as nationals of the foreign country;
``(B) labor recruitment firms are regulated; and
``(C) workers providing domestic services in
households are provided protection under labor rights
laws; and
``(4) assistance to foreign governments to register
vulnerable populations as citizens or nationals of the country
to reduce the ability of traffickers to exploit such
populations.''.
(b) Prosecution.--Section 134(a)(2) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2152d(a)(2)) is amended by adding at the end before
the semicolon the following: ``, including investigation of individuals
and entities that may be involved in trafficking in persons involving
sexual exploitation''.
SEC. 104. ASSISTANCE FOR VICTIMS OF TRAFFICKING IN OTHER COUNTRIES.
Section 107(a) of Trafficking Victims Protection Act of 2000 (22
U.S.C. 7105(a)) is amended--
(1) in paragraph (1)--
(A) in the second sentence, by inserting before the
period at the end the following: ``, and shall be
carried out in a manner which takes into account the
cross-border, regional, and transnational aspects of
trafficking in persons''; and
(B) by adding at the end the following:
``(F) In cooperation and coordination with relevant
organizations, such as the United Nations High
Commissioner for Refugees, the International
Organization for Migration, and private nongovernmental
organizations that contract with, or receive grants
from, the United States Government to assist refugees
and internally displaced persons, support for--
``(i) increased protections for refugees
and internally displaced persons, including
outreach and education efforts to prevent such
refugees and internally displaced persons from
being exploited by traffickers; and
``(ii) performance of best interest
determinations for unaccompanied and separated
children who come to the attention of the
United Nations High Commissioner for Refugees,
its partner organizations, or any organization
that contracts with the Department of State in
order to identify child trafficking victims and
to assist their safe integration,
reintegration, and resettlement.''; and
(2) in paragraph (2), by adding at the end the following:
``In carrying out this paragraph, the Secretary and the
Administrator shall take all appropriate steps to ensure that
cooperative efforts among foreign countries are undertaken on a
regional basis.''.
SEC. 105. INCREASING EFFECTIVENESS OF ANTI-TRAFFICKING PROGRAMS.
The Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et
seq.) is amended by inserting after section 107 the following:
``SEC. 107A. INCREASING EFFECTIVENESS OF ANTI-TRAFFICKING PROGRAMS.
``(a) Awarding of Grants, Cooperative Agreements, and Contracts.--
In administering funds made available to carry out this Act within and
outside the United States--
``(1) solicitations of grants, cooperative agreements, and
contracts for such programs shall be made publicly available;
``(2) grants, cooperative agreements, and contracts shall
be subject to full and open competition, in accordance with
applicable laws; and
``(3) the internal department or agency review process for
such grants, cooperative agreements, and contracts shall not be
subject to ad hoc or intermittent review or influence by
individuals or organizations outside the United States
Government except as provided under paragraphs (1) and (2).
``(b) Eligibility.--
``(1) In general.--An applicant desiring a grant, contract,
or cooperative agreement under this Act shall certify that, to
the extent practicable, persons or entities providing legal
services, social services, health services, or other assistance
have completed, or will complete, training in connection with
trafficking in persons.
``(2) Disclosure.--If appropriate, applicants should
indicate collaboration with nongovernmental organizations,
including organizations with expertise in trafficking in
persons.
``(c) Evaluation of Anti-Trafficking Programs.--
``(1) In general.--The President shall establish a system
to evaluate the effectiveness and efficiency of the assistance
provided under anti-trafficking programs established under this
Act on a program-by-program basis in order to maximize the
long-term sustainable development impact of such assistance.
``(2) Requirements.--In carrying out paragraph (1), the
President shall--
``(A) establish performance goals for the
assistance described in paragraph (1), expressed in an
objective and quantifiable form, to the extent
practicable;
``(B) ensure that performance indicators are used
for programs authorized under this Act to measure and
assess the achievement of the performance goals
described in subparagraph (A);
``(C) provide a basis for recommendations for
adjustments to the assistance described in paragraph
(1) to enhance the impact of such assistance; and
``(D) ensure that evaluations are conducted by
subject matter experts in and outside the United States
Government, to the extent practicable.
``(d) Targeted Use of Anti-Trafficking Programs.--In providing
assistance under this division, the President should take into account
the priorities and country assessments contained in the most recent
report submitted by the Secretary of State to Congress pursuant to
section 110(b).
``(e) Consistency With Other Programs.--The President shall ensure
that the design, monitoring, and evaluation of United States assistance
programs for emergency relief, development, and poverty alleviation
under part I and chapter 4 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) and other similar United
States assistance programs are consistent with United States policies
and other United States programs relating to combating trafficking in
persons.
``(f) Authorization of Appropriations.--For each of the fiscal
years 2008 through 2011, not more than 5 percent of the amounts made
available to carry out this division may be used to carry out this
section, including--
``(1) evaluations of promising anti-trafficking programs
and projects funded by the disbursing agency pursuant to this
Act; and
``(2) evaluations of emerging problems or global trends.''.
SEC. 106. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.
Section 108 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7106) is amended--
(1) in subsection (a), by striking ``a significant number
of''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking the period at the
end of the first sentence and inserting the following:
``, including, as appropriate, requiring incarceration
of individuals convicted of such acts. For purposes of
the preceding sentence, suspended or significantly-
reduced sentences for convictions of principal actors
in cases of severe forms of trafficking in persons
shall be considered, on a case-by-case basis, whether
to be considered an indicator of serious and sustained
efforts to eliminate severe forms of trafficking in
persons.'';
(B) in paragraph (2), by inserting before the
period at the end the following: ``, including by
providing training to law enforcement and immigration
officials regarding the identification and treatment of
trafficking victims using approaches that focus on the
needs of the victims'';
(C) in paragraph (3), by striking ``measures to
reduce the demand for commercial sex acts and for
participation in international sex tourism by nationals
of the country'' and inserting ``measures to establish
the identity of local populations, including birth
registration, citizenship, and nationality''; and
(D) by adding at the end the following:
``(11) Whether the government of the country has made
serious and sustained efforts to reduce the demand for--
``(A) commercial sex acts; and
``(B) participation in international sex tourism by
nationals of the country.''.
SEC. 107. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM
STANDARDS.
(a) Countries on Special Watch List Relating to Trafficking in
Persons for 2 Consecutive Years.--Section 110(b)(3) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7107(b)(3)) is amended by
adding at the end the following:
``(D) Countries on special watch list for 2
consecutive years.--
``(i) In general.--Except as provided under
clause (ii), a country that is included on the
special watch list described in subparagraph
(A) for 2 consecutive years after the date of
the enactment of this subparagraph, shall be
included on the list of countries described in
paragraph (1)(C).
``(ii) Exercise of waiver authority.--The
President may waive the application of clause
(i) for up to 2 years if the President
determines, and reports credible evidence to
the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of
the House of Representatives, that such a
waiver is justified because--
``(I) the country has a written
plan to begin making significant
efforts to bring itself into compliance
with the minimum standards for the
elimination of trafficking;
``(II) the plan, if implemented,
would constitute making such
significant efforts; and
``(III) the country is devoting
sufficient resources to implement the
plan.''.
(b) Clarification of Measures Against Certain Foreign Countries.--
Section 110(d)(1)(A)(ii) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7107(d)(1)(A)) is amended by inserting ``such
assistance to the government of the country for the subsequent fiscal
year and will not provide'' after ``will not provide''.
(c) Translation of Trafficking in Persons Report.--The Secretary of
State shall--
(1) timely translate the annual report submitted under
section 110(b) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7107(b)) into the principal languages of as
many countries as possible, with particular emphasis on the
languages of the countries on the lists described in
subparagraphs (B) and (C) of section 110(b)(1) of such Act; and
(2) ensure that the translations described in paragraph (1)
are made available to the public through postings on the
Internet website of the Department of State and other
appropriate websites.
SEC. 108. RESEARCH ON DOMESTIC AND INTERNATIONAL TRAFFICKING IN
PERSONS.
(a) Integrated Database.--Section 112A of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7109a) is amended--
(1) in subsection (a), by amending paragraph (5) to read as
follows:
``(5) An effective mechanism for quantifying the number of
victims of trafficking on a national, regional, and
international basis, which shall include, not later than 2
years after the date of the enactment of the William
Wilberforce Trafficking Victims Protection Reauthorization Act
of 2008, the establishment and maintenance of an integrated
database within the Human Smuggling and Trafficking Center.'';
and
(2) by amending subsection (b) to read as follows:
``(b) Role of Human Smuggling and Trafficking Center.--
``(1) In general.--The research initiatives described in
paragraphs (4) and (5) of subsection (a) shall be carried out
by the Human Smuggling and Trafficking Center, established
under section 7202 of the 9/11 Commission Implementation Act of
2004 (8 U.S.C. 1777).
``(2) Database.--The database described in subsection
(a)(5) shall be established by combining all applicable data
collected by each Federal department and agency represented on
the Interagency Task Force to Monitor and Combat Trafficking,
consistent with the protection of sources and methods, and, to
the maximum extent practicable, applicable data from relevant
international organizations, to--
``(A) improve the coordination of the collection of
data related to trafficking in persons by each agency
of the United States Government that collects such
data;
``(B) promote uniformity of such data collection
and standards and systems related to such collection;
``(C) undertake a meta-analysis of patterns of
trafficking in persons, slavery, and slave-like
conditions to develop and analyze global trends in
human trafficking;
``(D) identify emerging issues in human trafficking
and establishing integrated methods to combat them; and
``(E) identify research priorities to respond to
global patterns and emerging issues.
``(3) Consultation.--The database established in accordance
with paragraph (2) shall be maintained in consultation with the
Director of the Office to Monitor and Combat Trafficking in
Persons of the Department of State.
``(4) Authorization of appropriations.--There are
authorized to be appropriated $2,000,000 to the Human Smuggling
and Trafficking Center for each of the fiscal years 2008
through 2011 to carry out the activities described in this
subsection.''.
(b) Report.--Section 110(b)(1) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107(b)(1)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(E) reporting and analysis on the emergence or
shifting of global patterns in human trafficking,
including data on the number of victims trafficked to,
through, or from major source and destination
countries, disaggregated by nationality, gender, and
age, to the extent possible; and
``(F) emerging issues in human trafficking.''.
SEC. 109. PRESIDENTIAL AWARD FOR EXTRAORDINARY EFFORTS TO COMBAT
TRAFFICKING IN PERSONS.
The Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et
seq.) is amended by inserting after section 112A the following:
``SEC. 112B. PRESIDENTIAL AWARD FOR EXTRAORDINARY EFFORTS TO COMBAT
TRAFFICKING IN PERSONS.
``(a) Establishment of Award.--The President is authorized to
establish an award, to be known as the `Presidential Award for
Extraordinary Efforts To Combat Trafficking in Persons', for
extraordinary efforts to combat trafficking in persons. To the maximum
extent practicable, the Secretary of State shall present the award
annually to not more than 5 individuals or organizations, including--
``(1) individuals who are United States citizens or foreign
nationals; and
``(2) United States or foreign nongovernmental
organizations.
``(b) Selection.--The President shall establish procedures for
selecting recipients of the award authorized under subsection (a).
``(c) Ceremony.--The Secretary of State shall host an annual
ceremony for recipients of the award authorized under subsection (a) as
soon as practicable after the date on which the Secretary submits to
Congress the report required under section 110(b)(1). The Secretary of
State may pay the travel costs of each recipient and a guest of each
recipient who attends the ceremony.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated, for each of the fiscal years 2008 through 2011, such sums
as may be necessary to carry out this section.''.
SEC. 110. REPORT ON ACTIVITIES OF THE DEPARTMENT OF LABOR TO MONITOR
AND COMBAT FORCED LABOR AND CHILD LABOR.
(a) Final Report; Public Availability of List.--Not later than
January 15, 2010, the Secretary of Labor shall--
(1) submit to the appropriate congressional committees a
final report that--
(A) describes the implementation of section 105(b)
of the Trafficking Victims Protection Reauthorization
Act of 2005 (22 U.S.C. 7103(b)); and
(B) includes an initial list of goods described in
paragraph (2)(C) of such section; and
(2) make the list of goods described in paragraph (1)(B)
available to the public.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' has the meaning given
the term in section 103 of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102).
SEC. 111. SENSE OF CONGRESS REGARDING MULTILATERAL FRAMEWORK BETWEEN
LABOR EXPORTING AND LABOR IMPORTING COUNTRIES.
It is the sense of Congress that the Secretary of State, in
conjunction with the International Labour Organization, the United
Nations Office of Drug and Crime Prevention, and other relevant
international and nongovernmental organizations, should seek to
establish a multilateral framework between labor exporting and labor
importing countries to ensure that workers migrating between such
countries are protected from trafficking in persons.
TITLE II--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES
Subtitle A--Ensuring Availability of Possible Witnesses and Informants
SEC. 201. PROTECTING TRAFFICKING VICTIMS AGAINST RETALIATION.
(a) T Visas.--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 the matter preceding subclause (I), by
striking ``Security and the Attorney General jointly;''
and inserting ``Security, in consultation with the
Attorney General,'';
(B) in subclause (I), by striking the comma at the
end and inserting a semicolon;
(C) in subclause (II), by adding at the end the
following: ``including physical presence on account of
the alien having been allowed entry into the United
States for participation in investigative or judicial
processes associated with an act or a perpetrator of
trafficking;'';
(D) in subclause (III)--
(i) in item (aa), by striking ``or'' at the
end;
(ii) by redesignating item (bb) as item
(cc);
(iii) by inserting after item (aa) the
following:
``(bb) in consultation with the Attorney General,
as appropriate, is unable to cooperate with a request
described in item (aa) due to physical or psychological
trauma; or''; and
(iv) in item (cc), as redesignated, by
striking ``, and'' at the end and inserting ``;
and''; and
(E) in subclause (IV), by adding ``and'' at the
end;
(2) in clause (ii)--
(A) in subclause (I), by striking ``or'' at the
end;
(B) in subclause (II), by striking ``and'' at the
end and inserting ``or''; and
(C) by adding at the end the following:
``(III) any parent or unmarried sibling under 18
years of age of an alien described in subclause (I) or
(II) who the Secretary of Homeland Security, in
consultation with the law enforcement officer
investigating a severe form of trafficking, determines
faces a present danger of retaliation as a result of
the alien's escape from the severe form of trafficking
or cooperation with law enforcement.''; and
(3) by striking clause (iii).
(b) Requirements for T Visa Issuance.--Section 214(o)(7) of the
Immigration and Nationality Act (8 U.S.C. 1184(o)(7)) is amended--
(1) in subparagraph (B)--
(A) by striking ``subparagraph (A) if a Federal''
and inserting the following: ``subparagraph (A) if--
``(i) a Federal'';
(B) by striking the period at the end and inserting
a semicolon; and
(C) by adding at the end the following:
``(ii) the alien is eligible for relief under section
245(l) and is unable to obtain such relief because regulations
have not been issued to implement such section; or
``(iii) the Secretary of Homeland Security determines that
an extension of the period of such nonimmigrant status is
warranted due to exceptional circumstances.''; and
(2) by adding at the end the following:
``(C) Nonimmigrant status under section 101(a)(15)(T) shall be
extended during the pendency of an application for adjustment of status
under section 245(l).''.
(c) Conditions on Nonimmigrant Status for Certain Crime Victims.--
Section 214(p)(6) of the Immigration and Nationality Act (8 U.S.C.
1184(p)(6)) is amended by adding at the end the following: ``The
Secretary of Homeland Security may extend, beyond the 4-year period
authorized under this section, the authorized period of status of an
alien as a nonimmigrant under section 101(a)(15)(U) if the Secretary
determines that an extension of such period is warranted due to
exceptional circumstances. Such alien's nonimmigrant status shall be
extended beyond the 4-year period authorized under this section if the
alien is eligible for relief under section 245(m) and is unable to
obtain such relief because regulations have not been issued to
implement such section and shall be extended during the pendency of an
application for adjustment of status under section 245(m). The
Secretary may grant work authorization to any alien who has a pending,
bona fide application for nonimmigrant status under section
101(a)(15)(U).''.
(d) Adjustment of Status for Trafficking Victims.--Section 245(l)
of the Immigration and Nationality Act (8 U.S.C. 1255(l)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``the Attorney General,,'' and inserting ``in
the opinion of the Secretary of Homeland Security, in
consultation with the Attorney General, as
appropriate'';
(B) in subparagraph (B)--
(i) by inserting ``subject to paragraph
(6),'' after ``(B)''; and
(ii) by striking ``, and'' and inserting
``; and''; and
(C) in subparagraph (C)--
(i) in clause (i), by striking ``, or'' and
inserting a semicolon;
(ii) in clause (ii), by striking ``, or in
the case of subparagraph (C)(i), the Attorney
General, as appropriate''; and
(iii) by striking the period at the end and
inserting the following: ``; or
``(iii) was younger than 18 years of age at
the time of the victimization qualifying the
alien for relief under section
101(a)(15)(T).'';
(2) in paragraph (3), by striking the period at the end and
inserting the following: ``, unless--
``(A) the absence was necessary to assist in the
investigation or prosecution described in paragraph (1)(A); or
``(B) an official involved in the investigation or
prosecution certifies that the absence was otherwise
justified.''; and
(3) by adding at the end the following:
``(6) For purposes of paragraph (1)(B), the Secretary of Homeland
Security may waive consideration of a disqualification from good moral
character with respect to an alien if the disqualification was caused
by, or incident to, the trafficking described in section
101(a)(15)(T)(i)(I).
``(7) The Secretary of Homeland Security shall permit aliens to
apply for a waiver of any fees associated with filing an application
for relief through final adjudication of the adjustment of status for a
VAWA self-petitioner and for relief under sections 101(a)(15)(T),
101(a)(15)(U), 106, 240A(b)(2), and 244(a)(3) (as in effect on March
31, 1997).''.
(e) Adjustment of Status for Crime Victims.--Section 245(m) of the
Immigration and Nationality Act (8 U.S.C. 1255(m)) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``unless the Attorney General'' and inserting
``unless the Secretary''; and
(2) by adding at the end the following:
``(5)(A) The Secretary of Homeland Security shall consult with the
Attorney General, as appropriate, in making a determination under
paragraph (1) whether affirmative evidence demonstrates that the alien
unreasonably refused to provide assistance to a Federal law enforcement
official, Federal prosecutor, Federal judge, or other Federal authority
investigating or prosecuting criminal activity described in section
101(a)(15)(U)(iii).
``(B) Nothing in paragraph (1)(B) may be construed to prevent the
Secretary from consulting with the Attorney General in making a
determination whether affirmative evidence demonstrates that the alien
unreasonably refused to provide assistance to a State or local law
enforcement official, State or local prosecutor, State or local judge,
or other State or local authority investigating or prosecuting criminal
activity described in section 101(a)(15)(U)(iii).''.
(f) Effective Date.--The amendments made by this section shall--
(1) take effect on the date of enactment of the Act; and
(2) apply to applications for immigration benefits filed on
or after such date.
SEC. 202. PROTECTIONS FOR DOMESTIC WORKERS AND OTHER NONIMMIGRANTS.
(a) Information Pamphlet.--
(1) Development and distribution.--The Secretary of State,
in consultation with the Secretary of Homeland Security, the
Attorney General, and the Secretary of Labor, shall develop an
information pamphlet on legal rights and resources for aliens
applying for employment- or education-based nonimmigrant visas.
(2) Consultation.--In developing the information pamphlet
under paragraph (1), the Secretary of State shall consult with
nongovernmental organizations with expertise on the legal
rights of workers and victims of severe forms of trafficking in
persons.
(b) Contents.--The information pamphlet developed under subsection
(a) shall include information concerning items such as--
(1) the nonimmigrant visa application processes, including
information about the portability of employment;
(2) the legal rights of employment or education-based
nonimmigrant visa holders under Federal immigration, labor, and
employment law;
(3) the illegality of slavery, peonage, trafficking in
persons, sexual assault, extortion, blackmail, and worker
exploitation in the United States;
(4) the legal rights of immigrant victims of trafficking in
persons and worker exploitation, including--
(A) the right of access to immigrant and labor
rights groups;
(B) the right to seek redress in United States
courts;
(C) the right to report abuse without retaliation;
(D) the right of the nonimmigrant to relinquish
possession of his or her passport to his or her
employer;
(E) the requirement of an employment contract
between the employer and the nonimmigrant; and
(F) an explanation of the rights and protections
included in the contract described in subparagraph (E);
and
(5) information about nongovernmental organizations that
provide services for victims of trafficking in persons and
worker exploitation, including--
(A) anti-trafficking in persons telephone hotlines
operated by the Federal Government;
(B) the Operation Rescue and Restore hotline; and
(C) a general description of the types of victims
services available for individuals subject to
trafficking in persons or worker exploitation.
(c) Translation.--
(1) In general.--To best serve the language groups having
the greatest concentration of employment-based nonimmigrant
visas, the Secretary of State shall translate the information
pamphlet developed under subsection (a) into all relevant
foreign languages, to be determined by the Secretary based on
the languages spoken by the greatest concentrations of
employment- or education-based nonimmigrant visa applicants.
(2) Revision.--Every 2 years, the Secretary of State, in
consultation with the Attorney General and the Secretary of
Homeland Security, shall determine the specific languages into
which the information pamphlet will be translated based on the
languages spoken by the greatest concentrations of employment-
or education-based nonimmigrant visa applicants.
(d) Availability and Distribution.--
(1) Posting on federal websites.--The information pamphlet
developed under subsection (a) shall be posted on the websites
of the Department of State, the Department of Homeland
Security, the Department of Justice, the Department of Labor,
and all United States consular posts processing applications
for employment- or education-based nonimmigrant visas.
(2) Other distribution.--The information pamphlet developed
under subsection (a) shall be made available to any--
(A) government agency;
(B) nongovernmental advocacy organization; or
(C) foreign labor broker doing business in the
United States.
(3) Deadline for pamphlet development and distribution.--
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State shall distribute and make available
the information pamphlet developed under subsection (a) in all
the languages referred to in subsection (c).
(e) Responsibilities of Consular Officers of the Department of
State.--
(1) Interviews.--A consular officer conducting an interview
of an alien for an employment-based nonimmigrant visa shall--
(A)(i) confirm that the alien has received, read,
and understood the contents of the pamphlet described
in subsections (a) and (b); and
(ii) if the alien has not received, read, or
understood the contents of the pamphlet described in
subsections (a) and (b), distribute and orally disclose
to the alien the information described in paragraphs
(2) and (3) in a language that the alien understands;
and
(B) offer to answer any questions the alien may
have regarding the contents of the pamphlet described
in subsections (a) and (b).
(2) Legal rights.--The consular officer shall disclose to
the alien--
(A) the legal rights of employment-based
nonimmigrants under Federal immigration, labor, and
employment laws;
(B) the illegality of slavery, peonage, trafficking
in persons, sexual assault, extortion, blackmail, and
worker exploitation in the United States; and
(C) the legal rights of immigrant victims of
trafficking in persons, worker exploitation, and other
related crimes, including--
(i) the right of access to immigrant and
labor rights groups;
(ii) the right to seek redress in United
States courts; and
(iii) the right to report abuse without
retaliation.
(3) Victim services.--In carrying out the disclosure
requirement under this subsection, the consular officer shall
disclose to the alien the availability of services for victims
of human trafficking and worker exploitation in the United
States, including victim services complaint hotlines.
(f) Definitions.--In this section:
(1) Employment- or education-based nonimmigrant visa.--The
term ``employment- or education-based nonimmigrant visa''
means--
(A) a nonimmigrant visa issued under subparagraph
(A)(iii), (G)(v), (H), or (J) of section 101(a)(15) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)); and
(B) any nonimmigrant visa issued to a personal or
domestic servant who is accompanying or following to
join an employer.
(2) Severe forms of trafficking in persons.--The term
``severe forms of trafficking in persons'' has the meaning
given the term in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102).
(3) Secretary.--The term ``Secretary'' means the Secretary
of State.
(4) Abusing and exploiting.--The term ``abusing and
exploiting'' means any conduct which would constitute a
violation of section 1466A, 1589, 1591, 1592, 2251, or 2251A of
title 18, United States Code.
SEC. 203. PROTECTIONS, REMEDIES, AND LIMITATIONS ON ISSUANCE FOR A-3
AND G-5 VISAS.
(a) Limitations on Issuance of A-3 and G-5 Visas.--
(1) Contract requirement.--Notwithstanding any other
provision of law, the Secretary of State may not issue--
(A) an A-3 visa unless the applicant is employed,
or has signed a contract to be employed containing the
requirements set forth in subsection (d)(2), by an
officer of a diplomatic mission or consular post; or
(B) a G-5 visa unless the applicant is employed, or
has signed a contract to be employed by an employee in
an international organization.
(2) Suspension requirement.--Notwithstanding any other
provision of law, the Secretary shall suspend, for such period
as the Secretary determines necessary, the issuance of A-3
visas or G-5 visas to applicants seeking to work for officials
of a diplomatic mission or an international organization, if
the Secretary determines that there is credible evidence that 1
or more employees of such mission or international organization
have abused or exploited 1 or more nonimmigrants holding an A-3
visa or a G-5 visa, and that the diplomatic mission or
international organization tolerated such actions.
(3) Action by diplomatic missions or international
organizations.--The Secretary may suspend the application of
the limitation under paragraph (2) if the Secretary determines
and reports to the appropriate congressional committees that a
mechanism is in place to ensure that such abuse or exploitation
does not reoccur with respect to any alien employed by an
employee of such mission or institution.
(b) Protections and Remedies for A-3 and G-5 Nonimmigrants Employed
by Diplomats and Staff of International Organizations.--
(1) In general.--The Secretary may not issue or renew an A-
3 visa or a G-5 visa unless--
(A) the visa applicant has executed a contract with
the employer or prospective employer containing
provisions described in paragraph (2); and
(B) a consular officer has conducted a personal
interview with the applicant outside the presence of
the employer or any recruitment agent in which the
officer reviewed the terms of the contract and the
provisions of the pamphlet required under section 202.
(2) Mandatory contract.--The contract between the employer
and domestic worker required under paragraph (1) shall
include--
(A) an agreement by the employer to abide by all
Federal, State, and local laws in the United States;
(B) information on the frequency and form of
payment, work duties, weekly work hours, holidays, sick
days, and vacation days; and
(C) an agreement by the employer not to withhold
the passport, employment contract, or other personal
property of the employee.
(3) Training of consular officers.--The Secretary shall
provide appropriate training to consular officers on the fair
labor standards described in the pamphlet required under
section 202, trafficking in persons, and the provisions of this
section.
(4) Record keeping.--
(A) In general.--The Secretary shall maintain
records on the presence of nonimmigrants holding an A-3
visa or a G-5 visa in the United States, including--
(i) information about when the nonimmigrant
entered and permanently exited the country of
residence;
(ii) the official title, contact
information, and immunity level of the
employer; and
(iii) information regarding any allegations
of employer abuse received by the Department of
State.
(c) Protection From Removal During Legal Actions Against Former
Employers.--
(1) Remaining in the united states to seek legal redress.--
(A) Effect of complaint filing.--Except as provided
in subparagraph (B), if a nonimmigrant holding an A-3
visa or a G-5 visa working in the United States files a
civil action under section 1595 of title 18, United
States Code, or a civil action regarding a violation of
any of the terms contained in the contract or violation
of any other Federal, State, or local law in the United
States governing the terms and conditions of employment
of the nonimmigrant that are associated with acts
covered by such section, the Attorney General and the
Secretary of Homeland Security shall permit the
nonimmigrant to remain legally in the United States for
time sufficient to fully and effectively participate in
all legal proceedings related to such action.
(B) Exception.--An alien described in subparagraph
(A) may be deported before the conclusion of the legal
proceedings related to a civil action described in such
subparagraph if such alien is--
(i) inadmissible under paragraph
(2)(A)(i)(II), (2)(B), (2)(C), (2)(E), (2)(H),
(2)(I), (3)(A)(i), (3)(A)(iii), (3)(B), (3)(C),
or (3)(F) of section 212(a) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)); or
(ii) deportable under paragraph (2)(A)(ii),
(2)(A)(iii), (4)(A)(i), (4)(A)(iii), (4)(B), or
(4)(C) of section 237(a) of such Act (8 U.S.C.
1227(a)).
(C) Failure to exercise due diligence.--If the
Secretary of Homeland Security, after consultation with
the Attorney General, determines that the nonimmigrant
holding an A-3 visa or a G-5 visa has failed to
exercise due diligence in pursuing an action described
in subparagraph (A), the Secretary may terminate the
status of the A-3 or G-5 nonimmigrant.
(2) Authorization to work.--The Attorney General and the
Secretary of Homeland Security shall authorize any nonimmigrant
described in paragraph (1) to engage in employment in the
United States during the period the nonimmigrant is in the
United States pursuant to paragraph (1).
(d) Study and Report.--
(1) Investigation report.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, and every 2 years
thereafter for the following 10 years, the Secretary
shall submit a report to the appropriate congressional
committees on the implementation of this section.
(B) Contents.--The report submitted under
subparagraph (A) shall include--
(i) 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; and
(ii) the results of such investigations.
(2) Feasibility of oversight of employees of diplomats and
representatives of other institutions report.--Not later than
180 days after the date of the enactment of this Act, the
Secretary shall submit a report to the appropriate
congressional committees on the feasibility of--
(A) establishing a system to monitor the treatment
of nonimmigrants holding an A-3 visa or a G-5 visa who
have been admitted to the United States;
(B) a range of compensation approaches, such as a
bond program, compensation fund, or insurance scheme,
to ensure that such nonimmigrants receive appropriate
compensation if their employers violate the terms of
their employment contracts; and
(C) with respect to each proposed compensation
approach described in subparagraph (B), an evaluation
and proposal describing the proposed processes for--
(i) adjudicating claims of rights
violations;
(ii) determining the level of compensation;
and
(iii) administering the program, fund, or
scheme.
(e) Assistance to Law Enforcement Investigations.--The Secretary
shall cooperate, to the fullest extent possible consistent with the
United States obligations under the Vienna Convention on Diplomatic
Relations, done at Vienna, April 18, 1961, (23 U.S.T. 3229), with any
investigation by United States law enforcement authorities of crimes
related to abuse or exploitation of a nonimmigrant holding an A-3 visa
or a G-5 visa.
(f) Definitions.--In this section:
(1) A-3 visa.--The term ``A-3 visa'' means a nonimmigrant
visa issued pursuant to section 101(a)(15)(A)(iii) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A)(iii)).
(2) G-5 visa.--The term ``G-5 visa'' means a nonimmigrant
visa issued pursuant to section 101(a)(15)(G)(v) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(G)(v)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of State.
(4) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on the Judiciary of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on the Judiciary of the Senate.
SEC. 204. RELIEF FOR CERTAIN VICTIMS PENDING ACTIONS ON PETITIONS AND
APPLICATIONS FOR RELIEF.
Section 237 of the Immigration and Nationality Act (8 U.S.C. 1227)
is amended by adding at the end the following:
``(d)(1) If the Secretary of Homeland Security determines that an
application for nonimmigrant status under subparagraph (T) or (U) of
section 101(a)(15) filed for an alien in the United States sets forth a
prima facie case for approval, the Secretary may grant the alien an
administrative stay of a final order of removal under section 241(c)(2)
until--
``(A) the application for nonimmigrant status under such
subparagraph (T) or (U) is approved; or
``(B) there is a final administrative denial of the
application for such nonimmigrant status after the exhaustion
of administrative appeals.
``(2) The denial of a request for an administrative stay of removal
under this subsection shall not preclude the alien from applying for a
stay of removal, deferred action, or a continuance or abeyance of
removal proceedings under any other provision of the immigration laws
of the United States.
``(3) During any period in which the administrative stay of removal
is in effect, the alien shall not be removed.
``(4) Nothing in this subsection may be construed to limit the
authority of the Secretary of Homeland Security or the Attorney General
to grant a stay of removal or deportation in any case not described in
this subsection.''.
SEC. 205. EXPANSION OF AUTHORITY TO PERMIT CONTINUED PRESENCE IN THE
UNITED STATES.
(a) Expansion of Authority.--
(1) In general.--Section 107(c)(3) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7105(c)(3)) is
amended to read as follows:
``(3) Authority to permit continued presence in the united
states.--
``(A) Trafficking victims.--
``(i) In general.--If a Federal law
enforcement official files an application
stating that an alien is a victim of a severe
form of trafficking and may be a potential
witness to such trafficking, the Secretary of
Homeland Security may permit the alien to
remain in the United States to facilitate the
investigation and prosecution of those
responsible for such crime.
``(ii) Safety.--While investigating and
prosecuting suspected traffickers, Federal law
enforcement officials described in clause (i)
shall endeavor to make reasonable efforts to
protect the safety of trafficking victims,
including taking measures to protect trafficked
persons and their family members from
intimidation, threats of reprisals, and
reprisals from traffickers and their
associates.
``(iii) Continuation of presence.--The
Secretary shall permit an alien described in
clause (i) who has filed a civil action under
section 1595 of title 18, United States Code,
to remain in the United States until such
action is concluded. If the Secretary, in
consultation with the Attorney General,
determines that the alien has failed to
exercise due diligence in pursuing such action,
the Secretary may revoke the order permitting
the alien to remain in the United States.
``(iv) Exception.--Notwithstanding clause
(iii), an alien described in such clause may be
deported before the conclusion of the
administrative and legal proceedings related to
a complaint described in such clause if such
alien is inadmissible under paragraph
(2)(A)(i)(II), (2)(B), (2)(C), (2)(E), (2)(H),
(2)(I), (3)(A)(i), (3)(A)(iii), (3)(B), or
(3)(C) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)).
``(B) Parole for relatives.--Law enforcement
officials may submit written requests to the Secretary
of Homeland Security, in accordance with section
240A(b)(6) of the Immigration and Nationality Act (8
U.S.C. 1229b(b)(6)), to permit the parole into the
United States of certain relatives of an alien
described in subparagraph (A)(i).
``(C) State and local law enforcement.--The
Secretary of Homeland Security, in consultation with
the Attorney General, shall--
``(i) develop materials to assist State and
local law enforcement officials in working with
Federal law enforcement to obtain continued
presence for victims of a severe form of
trafficking in cases investigated or prosecuted
at the State or local level; and
``(ii) distribute the materials developed
under clause (i) to State and local law
enforcement officials.''.
(2) Effective date.--The amendment made by paragraph (1)--
(A) shall take effect on the date of the enactment
of this Act;
(B) shall apply to pending requests for continued
presence filed pursuant to section 107(c)(3) of the
Trafficking Victims Protection Act (22 U.S.C.
7105(c)(3)) and requests filed on or after such date;
and
(C) may not be applied to an alien who is not
present in the United States.
(b) Parole for Derivatives of Trafficking Victims.--Section 240A(b)
of the Immigration and Nationality Act (8 U.S.C. 1229b(b)) is amended
by adding at the end the following:
``(6) Relatives of trafficking victims.--
``(A) In general.--Upon written request by a law
enforcement official, the Secretary of Homeland
Security may parole under section 212(d)(5) any alien
who is a relative of an alien granted continued
presence under section 107(c)(3)(A) of the Trafficking
Victims Protection Act (22 U.S.C. 7105(c)(3)(A)), if
the relative--
``(i) was, on the date on which law
enforcement applied for such continued
presence--
``(I) in the case of an alien
granted continued presence who is under
21 years of age, the spouse, child,
parent, or unmarried sibling under 18
years of age, of the alien; or
``(II) in the case of an alien
granted continued presence who is 21
years of age or older, the spouse or
child of the alien; or
``(ii) is a parent or sibling of the alien
who the requesting law enforcement official, in
consultation with the Secretary of Homeland
Security, as appropriate, determines to be in
present danger of retaliation as a result of
the alien's escape from the severe form of
trafficking or cooperation with law
enforcement, irrespective of age.
``(B) Duration of parole.--
``(i) In general.--The Secretary may extend
the parole granted under subparagraph (A) until
the final adjudication of the application filed
by the principal alien under section
101(a)(15)(T)(ii).
``(ii) Other limits on duration.--If an
application described in clause (i) is not
filed, the parole granted under subparagraph
(A) may extend until the later of--
``(I) the date on which the
principal alien's authority to remain
in the United States under section
107(c)(3)(A) of the Trafficking Victims
Protection Act (22 U.S.C.
7105(c)(3)(A)) is terminated; or
``(II) the date on which a civil
action filed by the principal alien
under section 1595 of title 18, United
States Code, is concluded.
``(iii) Due diligence.--Failure by the
principal alien to exercise due diligence in
filing a visa petition on behalf of an alien
described in clause (i) or (ii) of subparagraph
(A), or in pursuing the civil action described
in clause (ii)(II) (as determined by the
Secretary of Homeland Security in consultation
with the Attorney General), may result in
revocation of parole.
``(C) Other limitations.--A relative may not be
granted parole under this paragraph if--
``(i) the Secretary of Homeland Security or
the Attorney General has reason to believe that
the relative was knowingly complicit in the
trafficking of an alien permitted to remain in
the United States under section 107(c)(3)(A) of
the Trafficking Victims Protection Act (22
U.S.C. 7105(c)(3)(A)); or
``(ii) the relative is an alien described
in paragraph (2) or (3) of section 212(a) or
paragraph (2) or (4) of section 237(a).''.
Subtitle B--Assistance for Trafficking Victims
SEC. 211. ASSISTANCE FOR CERTAIN NONIMMIGRANT STATUS APPLICANTS.
(a) In General.--Section 431(c) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is
amended--
(1) in paragraph (2)(B), by striking ``or'' at the end;
(2) in paragraph (3)(B), by striking the period at the end
and inserting ``; or''; and
(3) by inserting after paragraph (3) the following:
``(4) an alien who has been granted nonimmigrant status
under section 101(a)(15)(T) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(T)) or who has a pending application
that sets forth a prima facie case for eligibility for such
nonimmigrant status.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to applications for public benefits and public benefits provided
on or after the date of the enactment of this Act without regard to
whether regulations have been implemented to carry out such amendments.
SEC. 212. INTERIM ASSISTANCE FOR CHILDREN.
(a) In General.--Section 107(b)(1) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7105(b)(1)) is amended--
(1) in subparagraph (E)(i)(I), by inserting ``or is unable
to cooperate with such a request due to physical or
psychological trauma'' before the semicolon; and
(2) by adding at the end the following:
``(F) Eligibility for interim assistance of
children.--
``(i) Determination.--Upon receiving
credible information that a child described in
subparagraph (C)(ii)(I) who is seeking
assistance under this paragraph may have been
subjected to a severe form of trafficking in
persons, the Secretary of Health and Human
Services shall promptly determine if the child
is eligible for interim assistance under this
paragraph. The Secretary shall have exclusive
authority to make interim eligibility
determinations under this clause. A
determination of interim eligibility under this
clause shall not affect the independent
determination whether a child is a victim of a
severe form of trafficking.
``(ii) Notification.--The Secretary of
Health and Human Services shall notify the
Attorney General and the Secretary of Homeland
Security not later than 24 hours after all
interim eligibility determinations have been
made under clause (i).
``(iii) Duration.--Assistance under this
paragraph may be provided to individuals
determined to be eligible under clause (i) for
a period of up to 90 days and may be extended
for an additional 30 days.
``(iv) Long-term assistance for children.--
``(I) Eligibility determination.--
Before the expiration of the period for
interim assistance under clause (iii),
the Secretary of Health and Human
Services shall determine if the child
referred to in clause (i) is eligible
for assistance under this paragraph.
``(II) Consultation.--In making a
determination under subclause (I), the
Secretary shall consult with the
Attorney General, the Secretary of
Homeland Security, and nongovernmental
organizations with expertise on victims
of severe form of trafficking.
``(III) Letter of eligibility.--If
the Secretary, after receiving
information the Secretary believes,
taken as a whole, indicates that the
child is eligible for assistance under
this paragraph, the Secretary shall
issue a letter of eligibility. The
Secretary may not require that the
child cooperate with law enforcement as
a condition for receiving such letter
of eligibility.
``(G) Notification of children for interim
assistance.--Not later than 24 hours after a Federal,
State, or local official discovers that a person who is
under 18 years of age may be a victim of a severe form
of trafficking in persons, the official shall notify
the Secretary of Health and Human Services to
facilitate the provision of interim assistance under
subparagraph (F).''.
(b) Training of Government Personnel.--Section 107(c)(4) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(c)(4)) is
amended--
(1) by inserting ``, the Department of Homeland Security,
the Department of Health and Human Services,'' after ``the
Department of State''; and
(2) by inserting ``, including juvenile victims. The
Attorney General and the Secretary of Health and Human Services
shall provide training to State and local officials to improve
the identification and protection of such victims'' before the
period at the end.
SEC. 213. ENSURING ASSISTANCE FOR ALL VICTIMS OF TRAFFICKING IN
PERSONS.
(a) Amendments to Trafficking Victims Protection Act of 2000.--
(1) Assistance for united states citizens and lawful
permanent residents.--Section 107 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7105) is amended by inserting
after subsection (e) the following:
``(f) Assistance for United States Citizens and Lawful Permanent
Residents.--
``(1) In general.--The Secretary of Health and Human
Services and the Attorney General, in consultation with the
Secretary of Labor, shall establish a program to assist United
States citizens and aliens lawfully admitted for permanent
residence (as defined in section 101(a)(20) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(20))) who are victims of
severe forms of trafficking. In determining the assistance that
would be most beneficial for such victims, the Secretary and
the Attorney General shall consult with nongovernmental
organizations that provide services to victims of severe forms
of trafficking in the United States.
``(2) Use of existing programs.--In addition to specialized
services required for victims described in paragraph (1), the
program established pursuant to paragraph (1) shall--
``(A) facilitate communication and coordination
between the providers of assistance to such victims;
``(B) provide a means to identify such providers;
and
``(C) provide a means to make referrals to programs
for which such victims are already eligible, including
programs administered by the Department of Justice and
the Department of Health and Human Services.
``(3) Grants.--
``(A) In general.--The Secretary of Health and
Human Services and the Attorney General may award
grants to States, Indian tribes, units of local
government, and nonprofit, nongovernmental victim
service organizations to develop, expand, and
strengthen victim service programs authorized under
this subsection.
``(B) Maximum federal share.--The Federal share of
a grant awarded under this paragraph may not exceed 75
percent of the total costs of the projects described in
the application submitted by the grantee.''.
(2) Authorization of appropriations.--Section 113 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110) is
amended--
(A) in subsection (b)--
(i) by striking ``To carry out'' and
inserting the following:
``(1) Eligibility for benefits and assistance.--To carry
out''; and
(ii) by adding at the end the following:
``(2) Additional benefits for trafficking victims.--To
carry out the purposes of section 107(f), there are authorized
to be appropriated to the Secretary of Health and Human
Services--
``(A) $2,500,000 for fiscal year 2008;
``(B) $5,000,0000 for fiscal year 2009;
``(C) $7,000,000 for fiscal year 2010; and
``(D) $7,000,000 for fiscal year 2011.''; and
(B) in subsection (d)--
(i) by striking ``To carry out the purposes
of section 107(b)'' and inserting the
following:
``(A) Eligibility for benefits and assistance.--To
carry out the purposes of section 107(b)'';
(ii) by striking ``To carry out the
purposes of section 134'' and inserting the
following:
``(B) Assistance to foreign countries.--To carry
out the purposes of section 134''; and
(iii) by adding at the end the following:
``(C) Additional benefits for trafficking
victims.--To carry out the purposes of section 107(f),
there are authorized to be appropriated to the Attorney
General--
``(i) $2,500,000 for fiscal year 2008;
``(ii) $5,000,0000 for fiscal year 2009;
``(iii) $7,000,000 for fiscal year 2010;
and
``(iv) $7,000,000 for fiscal year 2011.''.
(3) Technical assistance.--Section 107(b)(2)(B)(ii) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7105(b)(2)(B)(ii)) is amended to read as follows:
``(ii) 5 percent for training and technical
assistance, including increasing capacity and
expertise on security for and protection of
service providers from intimidation or
retaliation for their activities.''.
(b) Study.--
(1) Requirement.--Not later than 1 year after the date of
the enactment of this Act, the Attorney General and the
Secretary of Health and Human Services shall submit a report to
the appropriate congressional committees that identifies the
existence and extent of any service gap between victims
described in section 107(b)(1) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7105) and individuals
described in section 107(f) of such Act, as amended by section
213(a) of this Act.
(2) Elements.--In carrying out the study under subparagraph
(1), the Attorney General and the Secretary of Health and Human
Services shall--
(A) investigate factors relating to the legal
ability of the victims described in paragraph (1) to
access government-funded social services in general,
including the application of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1641(c)(5)) and the Illegal
Immigration and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208; 110 Stat. 3009 et
seq.);
(B) investigate any other impediments to the access
of the victims described in paragraph (1) to
government-funded social services;
(C) investigate any impediments to the access of
the victims described in paragraph (1) to government-
funded services targeted to victims of severe forms of
trafficking;
(D) investigate the effect of trafficking service-
provider infrastructure development, continuity of
care, and availability of caseworkers on the eventual
restoration and rehabilitation of the victims described
in paragraph (1); and
(E) include findings, best practices, and
recommendations, if any, based on the study of the
elements described in subparagraphs (A) through (D) and
any other related information.
Subtitle C--Penalties Against Traffickers and Other Crimes
SEC. 221. RESTITUTION OF FORFEITED ASSETS; ENHANCEMENT OF CIVIL ACTION.
Chapter 77 of title 18, United States Code, is amended--
(1) in section 1593(b), by adding at the end the following:
``(4) The forfeiture of property under this subsection shall be
governed by the provisions of section 413 (other than subsection (d) of
such section) of the Controlled Substances Act (21 U.S.C. 853).''; and
(2) in section 1595--
(A) in subsection (a)--
(i) by striking ``of section 1589, 1590, or
1591''; and
(ii) by inserting ``(or whoever knowingly
benefits, financially or by receiving anything
of value from participation in a venture which
that person knew or should have known has
engaged in an act in violation of this
chapter)'' after ``perpetrator''; and
(B) by adding at the end the following:
``(c) No action may be maintained under this section unless it is
commenced not later than 10 years after the cause of action arose.''.
SEC. 222. ENHANCING PENALTIES FOR TRAFFICKING OFFENSES.
(a) Detention.--Section 3142(e) of title 18, United States Code, is
amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(2) by inserting ``(1)'' before ``If, after a hearing'';
(3) by inserting ``(2)'' before ``In a case'';
(4) by inserting ``(3)'' before ``Subject to rebuttal'';
(5) by striking ``paragraph (1) of this subsection'' each
place it appears and inserting ``subparagraph (A)'';
(6) in paragraph (3), as redesignated--
(A) by striking ``committed an offense'' and
inserting the following: ``committed--
``(A) an offense'';
(B) by striking ``46, an offense'' and inserting
the following: ``46;
``(B) an offense'';
(C) by striking ``title, or an offense'' and
inserting the following: ``title;
``(C) an offense''; and
(D) by striking ``prescribed or an offense'' and
inserting the following: ``prescribed;
``(D) an offense under chapter 77 of this title for which a
maximum term of imprisonment of 20 years or more is prescribed;
or
``(E) an offense''.
(b) Preventing Obstruction.--
(1) Enticement into slavery.--Section 1583 of title 18,
United States Code, is amended to read as follows:
``Sec. 1583. Enticement into slavery
``(a) Whoever--
``(1) kidnaps or carries away any other person, with the
intent that such other person be sold into involuntary
servitude, or held as a slave;
``(2) entices, persuades, or induces any other person to go
on board any vessel or to any other place with the intent that
he or she may be made or held as a slave, or sent out of the
country to be so made or held; or
``(3) obstructs, or attempts to obstruct, or in any way
interferes with or prevents the enforcement of this section,
shall be fined under this title, imprisoned not more than 20 years, or
both.
``(b) Whoever violates this section shall be fined under this
title, imprisoned for any term of years or for life, or both if--
``(1) the violation results in the death of the victim; or
``(2) the violation includes kidnaping, an attempt to
kidnap, aggravated sexual abuse, an attempt to commit
aggravated sexual abuse, or an attempt to kill.''.
(2) Sale into involuntary servitude.--Section 1584 of such
title is amended--
(A) by striking ``Whoever'' and inserting the
following:
``(a) Whoever''; and
(B) by adding at the end the following:
``(b) 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 (a).''.
(3) Punishing financial gain from trafficked labor.--
Section 1589 of such title is amended to read as follows:
``SEC. 1589. FORCED LABOR.
``(a) Whoever knowingly provides or obtains the labor or services
of a person by any one of, or by any combination of, the following
means--
``(1) by means of force, threats of force, physical
restraint, or threats of physical restraint to that person or
another person;
``(2) by means of serious harm or threats of serious harm
to that person or another person;
``(3) by means of the abuse or threatened abuse of law or
legal process; or
``(4) by means of any scheme, plan, or pattern intended to
cause the person to believe that, if that person did not
perform such labor or services, that person or another person
would suffer serious harm or physical restraint,
shall be punished as provided under subsection (d).
``(b) Whoever knowingly benefits, financially or by receiving
anything of value, from participation in a venture which has engaged in
the providing or obtaining of labor or services by any of the means
described in subsection (a), knowing or in reckless disregard of the
fact that the venture has engaged in the providing or obtaining of
labor or services by any of such means, shall be punished as provided
in subsection (d).
``(c) In this section:
``(1) The term `abuse or threatened abuse of law or 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.
``(2) The term `serious harm' means any harm, whether
physical or nonphysical, including psychological, financial, or
reputational harm, that is sufficiently serious, under all the
surrounding circumstances, to compel a reasonable person of the
same background and in the same circumstances to perform or to
continue performing labor or services in order to avoid
incurring that harm.
``(d) Whoever violates this section shall be fined under this
title, imprisoned not more than 20 years, or both. If death results
from a violation of this section, or if the violation includes
kidnaping, an attempt to kidnap, aggravated sexual abuse, or an attempt
to kill, the defendant shall be fined under this title, imprisoned for
any term of years or life, or both.''.
(4) Trafficking.--Section 1590 of such title is amended--
(A) by striking ``Whoever'' and inserting the
following:
``(a) Whoever''; and
(B) by adding at the end the following:
``(b) Whoever obstructs, attempts to obstruct, or in any way
interferes with or prevents the enforcement of this section, shall be
subject to the penalties under subsection (a).''.
(5) Sex trafficking of children.--Section 1591 of such
title is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``or
obtains'' and inserting ``obtains, or
maintains''; and
(ii) in the matter following paragraph (2),
by striking ``that force, fraud, or coercion
described in subsection (c)(2)'' and inserting
``, or in reckless disregard of the fact, that
means of force, threats of force, fraud,
coercion described in subsection (e)(2), or any
combination of such means'';
(B) by redesignating subsection (c) as subsection
(e);
(C) in subsection (b)(1), by striking ``force,
fraud, or coercion'' and inserting ``means of force,
threats of force, fraud, or coercion described in
subsection (e)(2), or by any combination of such
means,'';
(D) by inserting after subsection (b) the
following:
``(c) In a prosecution under subsection (a)(1) in which the
defendant had a reasonable opportunity to observe the person so
recruited, enticed, harbored, transported, provided, obtained or
maintained, the Government need not prove that the defendant knew that
the person had not attained the age of 18 years.
``(d) Whoever obstructs, attempts to obstruct, or in any way
interferes with or prevents the enforcement of this section, shall be
fined under this title, imprisoned for a term not to exceed 20 years,
or both.'';
(E) in subsection (e), as redesignated--
(i) by redesignating paragraph (3) as
paragraph (5);
(ii) by redesignating paragraph (1) as
paragraph (3);
(iii) by inserting before paragraph (2) the
following:
``(1) The term `abuse or threatened abuse of law or 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.''; and
(iv) by inserting after paragraph (3), as
redesignated, the following:
``(4) The term `serious harm' means any harm, whether
physical or nonphysical, including psychological, financial, or
reputational harm, that is sufficiently serious, under all the
surrounding circumstances, to compel a reasonable person of the
same background and in the same circumstances to perform or to
continue performing commercial sexual activity in order to
avoid incurring that harm.''.
(6) Unlawful conduct.--Section 1592 of such title is
amended by adding at the end the following:
``(c) 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 (a).''.
(c) Holding Conspirators Accountable.--Section 1594 of title 18,
United States Code, is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Whoever conspires with another to violate section 1581, 1583,
1589, 1590, or 1592 shall be punished in the same manner as a completed
violation of such section.
``(c) Whoever conspires with another to violate section 1591 shall
be fined under this title, imprisoned for any term of years or for
life, or both.''.
(d) Benefitting Financially From Peonage, Slavery, and Trafficking
in Persons.--
(1) In general.--Chapter 77 of title 18, United States
Code, is amended by inserting after section 1593 the following:
``Sec. 1593A. Benefitting financially from peonage, slavery, and
trafficking in persons
``Whoever knowingly benefits, financially or by receiving anything
of value, from participation in a venture which has engaged in any act
in violation of section 1581(a), 1592, or 1595(a), knowing or in
reckless disregard of the fact that the venture has engaged in such
violation, shall be fined under this title or imprisoned in the same
manner as a completed violation of such section.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1593 the following:
``Sec. 1593A. Benefitting financially from peonage, slavery, and
trafficking in persons.''.
(e) Retaliation in Foreign Labor Contracting.--Chapter 63 of title
18, United States Code, is amended--
(1) in the chapter heading, by adding at the end the
following: ``AND OTHER FRAUD OFFENSES'';
(2) by adding at the end the following:
``Sec. 1351. Fraud in foreign labor contracting
``Whoever knowingly and with intent to defraud recruits, solicits
or hires a person outside the United States for purposes of employment
in the United States by means of materially false or fraudulent
pretenses, representations or promises regarding that employment shall
be fined under this title or imprisoned for not more than 5 years, or
both.''; and
(3) in the table of sections, by inserting after the item
relating to section 1350 the following:
``1351. Fraud in foreign labor contracting.''.
(f) Tightening Immigration Prohibitions.--
(1) Ground of inadmissibility for trafficking.--Section
212(a)(2)(H)(i) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(2)(H)(i)) is amended by striking ``who is listed
in a report submitted pursuant to section 111(b) of the
Trafficking Victims Protection Act of 2000'' and inserting
``who commits or conspires to commit human trafficking offenses
in the United States or outside the United States''.
(2) Ground of removability.--Section 237(a)(2) of such Act
(8 U.S.C. 1227(a)(2)) is amended by adding at the end the
following:
``(F) Trafficking.--Any alien described in section
212(a)(2)(H) is deportable.''.
(g) Amendment to Sentencing Guidelines.--Pursuant to its authority
under section 994 of title 28, United States Code, the United States
Sentencing Commission shall review and, if appropriate, amend the
sentencing guidelines and policy statements applicable to persons
convicted of alien harboring to ensure conformity with the sentencing
guidelines applicable to persons convicted of promoting a commercial
sex act if--
(1) the harboring was committed in furtherance of
prostitution; and
(2) the defendant to be sentenced is an organizer, leader,
manager, or supervisor of the criminal activity.
SEC. 223. JURISDICTION IN CERTAIN TRAFFICKING OFFENSES.
(a) In General.--Chapter 77 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1596. Additional jurisdiction in certain trafficking offenses
``(a) In General.--In addition to any domestic or extra-territorial
jurisdiction otherwise provided by law, the courts of the United States
have extra-territorial jurisdiction over any offense (or any attempt or
conspiracy to commit an offense) under section 1581, 1583, 1584, 1589,
1590, or 1591 if--
``(1) an alleged offender is a national of the United
States or an alien lawfully admitted for permanent residence
(as those terms are defined in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101)); or
``(2) an alleged offender is present in the United States,
irrespective of the nationality of the alleged offender.
``(b) Limitation on Prosecutions of Offenses Prosecuted in Other
Countries.--No prosecution may be commenced against a person under this
section if a foreign government, in accordance with jurisdiction
recognized by the United States, has prosecuted or is prosecuting such
person for the conduct constituting such offense, except upon the
approval of the Attorney General or the Deputy Attorney General (or a
person acting in either such capacity), which function of approval may
not be delegated.''.
(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:
``1596. Additional jurisdiction in certain trafficking offenses.''.
SEC. 224. BAIL CONDITIONS, SUBPOENAS, AND REPEAT OFFENDER PENALTIES FOR
SEX TRAFFICKING.
(a) Release and Detention.--Subsections (f)(1)(A) and (g)(1) of
section 3142 of title 18, United States Code, are amended by striking
``violence,'' each place such term appears and inserting ``violence, a
violation of section 1591,''.
(b) Subpoenas.--Section 3486(a)(1)(D) of title 18, United States
Code, is amended by inserting ``1591,'' after ``1201,''.
(c) Repeat Offenders.--Section 2426(b)(1)(A) of title 18, United
States Code, is amended, by striking ``or chapter 110'' and inserting
``chapter 110, or section 1591''.
SEC. 225. PROMOTING EFFECTIVE STATE ENFORCEMENT.
(a) Relationship Among Federal and State Law.--Nothing in this Act,
the Trafficking Victims Protection Act of 2000, the Trafficking Victims
Protection Reauthorization Act of 2003, the Trafficking Victims
Protection Reauthorization Act of 2005, chapters 77 and 117 of title
18, United States Code, or any model law issued by the Department of
Justice to carry out the purposes of any of the aforementioned
statutes--
(1) may be construed to treat prostitution as a valid form
of employment under Federal law; or
(2) shall preempt, supplant, or limit the effect of any
State or Federal criminal law.
(b) Model State Criminal Provisions.--In addition to any model
State antitrafficking statutes in effect on the date of the enactment
of this Act, the Attorney General shall facilitate the promulgation of
a model State statute that--
(1) furthers a comprehensive approach to investigation and
prosecution through modernization of State and local
prostitution and pandering statutes; and
(2) is based in part on the provisions of the Act of August
15, 1935 (49 Stat. 651; D.C. Code 22-2701 et seq.) (relating to
prostitution and pandering).
(c) Distribution.--The model statute described in subsection (b)
and the text of chapter 27 of the Criminal Code of the District of
Columbia (D.C. Code 22-2701 et seq.) shall be--
(1) posted on the website of the Department of Justice; and
(2) distributed to the Attorney General of each State.
Subtitle D--Activities of the United States Government
SEC. 231. ANNUAL REPORT BY 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) in subparagraph (A)--
(A) by striking ``section 107(b)'' and inserting
``subsections (b) and (f) of section 107''; and
(B) by inserting ``the Attorney General,'' after
``the Secretary of Labor,'';
(2) in subparagraph (G), by striking ``and'' at the end;
(3) by redesignating subparagraph (H) as subparagraph (J);
and
(4) by inserting after subparagraph (G) the following:
``(H) activities by the Department of Defense to
combat trafficking in persons, including--
``(i) educational efforts for, and
disciplinary actions taken against, members of
the United States Armed Forces;
``(ii) the development of materials used to
train the armed forces of foreign countries;
and
``(iii) efforts to ensure that United
States Government contractors and their
employees or United States Government
subcontractors and their employees do not
engage in trafficking in persons;
``(I) activities or actions by Federal departments
and agencies to enforce--
``(i) section 106(g) and any similar law,
regulation, or policy relating to United States
Government contractors and their employees or
United States Government subcontractors and
their employees that engage in severe forms of
trafficking in persons, the procurement of
commercial sex acts, or the use of forced
labor, including debt bondage;
``(ii) section 307 of the Tariff Act of
1930 (19 U.S.C. 1307; relating to prohibition
on importation of convict-made goods),
including any determinations by the Secretary
of Homeland Security to waive the restrictions
of such section; and
``(iii) prohibitions on the procurement by
the United States Government of items or
services produced by slave labor, consistent
with Executive Order 13107 (December 10, 1998);
and''.
SEC. 232. INVESTIGATION BY THE INSPECTORS GENERAL.
(a) In General.--For each of the fiscal years 2010 through 2012,
the Inspectors General of the Department of Defense, the Department of
State, and the United States Agency for International Development shall
investigate a sample of the contracts described in subsection (b).
(b) Contracts Described.--
(1) In general.--The contracts described in subsection (a)
are contracts, or subcontracts at any tier, under which there
is a heightened risk that a contractor may engage, knowingly or
unknowingly, in acts related to trafficking in persons, such
as--
(A) confiscation of an employee's passport;
(B) restriction on an employee's mobility;
(C) abrupt or evasive repatriation of an employee;
(D) deception of an employee regarding the work
destination; or
(E) acts otherwise described in section 106(g) of
the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7104).
(2) Consultation and information received.--In determining
the type of contact that should be investigated pursuant to
subsection (a), the Inspectors General shall--
(A) consult with the Director of the Office to
Combat Trafficking in Persons of the Department of
State; and
(B) take into account any credible information
received regarding report of trafficking in persons.
(c) Congressional Notification.--
(1) In general.--Not later than January 15, 2009, and
annually thereafter through January 15, 2011, each Inspector
General shall submit a report to the congressional committees
listed in paragraph (3)--
(A) summarizing the findings of the investigations
conducted in the previous year, including any findings
regarding trafficking in persons or any improvements
needed to prevent trafficking in persons; and
(B) in the case of any contractor or subcontractor
with regard to which the Inspector General has found
substantial evidence of trafficking in persons, report
as to--
(i) whether or not the case has been
referred for prosecution; and
(ii) whether or not the case has been
treated in accordance with section 106(g) of
the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7104) (relating to termination of
certain grants, contracts and cooperative
agreements).
(2) Joint report.--The Inspectors General described in
subsection (a) may submit their reports jointly.
(3) Congressional committees.--The committees list in this
paragraph are--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Armed Services of the House of
Representatives; and
(D) the Committee on Foreign Affairs of the House
of Representatives.
SEC. 233. SENIOR POLICY OPERATING GROUP.
Section 206 of the Trafficking Victims Protection Reauthorization
Act of 2005 (42 U.S.C. 14044d) is amended by striking ``, as the
department or agency determines appropriate,''.
SEC. 234. PREVENTING UNITED STATES TRAVEL BY TRAFFICKERS.
Section 212(a)(2)(H)(i) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(2)(H)(i)) is amended by striking ``consular officer''
and inserting ``consular officer, the Secretary of Homeland Security,
the Secretary of State,''.
SEC. 235. ENHANCING EFFORTS TO COMBAT THE TRAFFICKING OF CHILDREN.
(a) Combating Child Trafficking at the Border and Ports of Entry of
the United States.--
(1) Policies and procedures.--In order to enhance the
efforts of the United States to prevent trafficking in persons,
the Secretary of Homeland Security, in conjunction with the
Secretary of State, the Attorney General, and the Secretary of
Health and Human Services, shall develop policies and
procedures to ensure that unaccompanied alien children in the
United States are safely repatriated to their country of
nationality or of last habitual residence.
(2) Special rules for children from contiguous countries.--
(A) Determinations.--Any unaccompanied alien child
who is a national or habitual resident of a country
that is contiguous with the United States shall be
treated in accordance with subparagraph (B), if the
Secretary of Homeland Security determines, on a case-
by-case basis, that--
(i) such child has not been a victim of a
severe form of trafficking in persons, and
there is no credible evidence that such child
is at risk of being trafficked upon return to
the child's country of nationality or of last
habitual residence;
(ii) such child does not have a fear of
returning to the child's country of nationality
or of last habitual residence owing to a
credible fear of persecution; and
(iii) the child is able to make an
independent decision to withdraw the child's
application for admission to the United States.
(B) Return.--An immigration officer who finds an
unaccompanied alien child described in subparagraph (A)
at a land border or port of entry of the United States
and determines that such child is inadmissible under
the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) may--
(i) permit such child to withdraw the
child's application for admission pursuant to
section 235(a)(4) of the Immigration and
Nationality Act (8 U.S.C. 1225(a)(4)); and
(ii) return such child to the child's
country of nationality or country of last
habitual residence.
(C) Contiguous country agreements.--The Secretary
of State shall negotiate agreements between the United
States and countries contiguous to the United States
with respect to the repatriation of children. Such
agreements shall be designed to protect children from
severe forms of trafficking in persons, and shall, at a
minimum, provide that--
(i) no child shall be returned to the
child's country of nationality or of last
habitual residence unless returned to
appropriate employees or officials, including
child welfare officials where available, of the
accepting country's government;
(ii) no child shall be returned to the
child's country of nationality or of last
habitual residence outside of reasonable
business hours; and
(iii) border personnel of the countries
that are parties to such agreements are trained
in the terms of such agreements.
(3) Rule for other children.--The custody of unaccompanied
alien children not described in paragraph (2)(A) who are
apprehended at the border of the United States or at a United
States port of entry shall be treated in accordance with
subsection (b).
(4) Screening.--Within 48 hours of the apprehension of a
child who is believed to be described in paragraph (2)(A), but
in any event prior to returning such child to the child's
country of nationality or of last habitual residence, the child
shall be screened to determine whether the child meets the
criteria listed in paragraph (2)(A). If the child does not meet
such criteria, or if no determination can be made within 48
hours of apprehension, the child shall immediately be
transferred to the Secretary of Health and Human Services and
treated in accordance with subsection (b). Nothing in this
paragraph may be construed to preclude an earlier transfer of
the child.
(5) Ensuring the safe repatriation of children.--
(A) Repatriation pilot program.--To protect
children from trafficking and exploitation, the
Secretary of State shall create a pilot program, in
conjunction with the Secretary of Health and Human
Services and the Secretary of Homeland Security,
nongovernmental organizations, and other national and
international agencies and experts, to develop and
implement best practices to ensure the safe and
sustainable repatriation and reintegration of
unaccompanied alien children into their country of
nationality or of last habitual residence, including
placement with their families, legal guardians, or
other sponsoring agencies.
(B) Assessment of country conditions.--The
Secretary of Homeland Security shall consult the
Department of State's Country Reports on Human Rights
Practices and the Trafficking in Persons Report in
assessing whether to repatriate an unaccompanied alien
child to a particular country.
(C) Report on repatriation of unaccompanied alien
children.--Not later than 18 months after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State and the Secretary of Health and
Human Services, with assistance from the Secretary of
Homeland Security, shall submit a report to the
Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of
Representatives on efforts to improve repatriation
programs for unaccompanied alien children. Such report
shall include--
(i) the number of unaccompanied alien
children ordered removed and the number of such
children actually removed from the United
States;
(ii) a statement of the nationalities,
ages, and gender of such children;
(iii) a description of the policies and
procedures used to effect the removal of such
children from the United States and the steps
taken to ensure that such children were safely
and humanely repatriated to their country of
nationality or of last habitual residence,
including a description of the repatriation
pilot program created pursuant to subparagraph
(A);
(iv) a description of the type of
immigration relief sought and denied to such
children;
(v) any information gathered in assessments
of country and local conditions pursuant to
paragraph (2); and
(vi) statistical information and other data
on unaccompanied alien children as provided for
in section 462(b)(1)(J) of the Homeland
Security Act of 2002 (6 U.S.C. 279(b)(1)(J)).
(D) Placement in removal proceedings.--Any
unaccompanied alien child sought to be removed by the
Department of Homeland Security, except for an
unaccompanied alien child from a contiguous country
subject to exceptions under subsection (a)(2), shall
be--
(i) placed in removal proceedings under
section 240 of the Immigration and Nationality
Act (8 U.S.C. 1229a);
(ii) eligible for relief under section 240B
of such Act (8 U.S.C. 1229c) at no cost to the
child; and
(iii) provided access to counsel in
accordance with subsection (c)(5).
(b) Combating Child Trafficking and Exploitation in the United
States.--
(1) Care and custody of unaccompanied alien children.--
Consistent with section 462 of the Homeland Security Act of
2002 (6 U.S.C. 279), and except as otherwise provided under
subsection (a), the care and custody of all unaccompanied alien
children, including responsibility for their detention, where
appropriate, shall be the responsibility of the Secretary of
Health and Human Services.
(2) Notification.--Each department or agency of the Federal
Government shall notify the Department of Health and Human
services within 48 hours upon--
(A) the apprehension or discovery of an
unaccompanied alien child; or
(B) any claim or suspicion that an alien in the
custody of such department or agency is under 18 years
of age.
(3) Transfers of unaccompanied alien children.--Except in
the case of exceptional circumstances, any department or agency
of the Federal Government that has an unaccompanied alien child
in custody shall transfer the custody of such child to the
Secretary of Health and Human Services not later than 72 hours
after determining that such child is an unaccompanied alien
child.
(4) Age determinations.--The Secretary of Health and Human
Services, in consultation with the Secretary of Homeland
Security, shall develop procedures to make a prompt
determination of the age of an alien, which shall be used by
the Secretary of Homeland Security and the Secretary of Health
and Human Services for children in their respective custody. At
a minimum, these procedures shall take into account multiple
forms of evidence, including the non-exclusive use of
radiographs, to determine the age of the unaccompanied alien.
(c) Providing Safe and Secure Placements for Children.--
(1) Policies and programs.--The Secretary of Health and
Human Services, Secretary of Homeland Security, Attorney
General, and Secretary of State shall establish policies and
programs to ensure that unaccompanied alien children in the
United States are protected from traffickers and other persons
seeking to victimize or otherwise engage such children in
criminal, harmful, or exploitative activity, including policies
and programs reflecting best practices in witness security
programs.
(2) Safe and secure placements.--Subject to section
462(b)(2) of the Homeland Security Act of 2002 (6 U.S.C.
279(b)(2)), an unaccompanied alien child in the custody of the
Secretary of Health and Human Services shall be promptly placed
in the least restrictive setting that is in the best interest
of the child. In making such placements, the Secretary may
consider danger to self, danger to the community, and risk of
flight. Placement of child trafficking victims may include
placement in an Unaccompanied Refugee Minor program, pursuant
to section 412(d) of the Immigration and Nationality Act (8
U.S.C. 1522(d)), if a suitable family member is not available
to provide care. A child shall not be placed in a secure
facility absent a determination that the child poses a danger
to self or others or has been charged with having committed a
criminal offense. The placement of a child in a secure facility
shall be reviewed, at a minimum, on a monthly basis, in
accordance with procedures prescribed by the Secretary, to
determine if such placement remains warranted.
(3) Safety and suitability assessments.--
(A) In general.--Subject to the requirements of
subparagraph (B), an unaccompanied alien child may not
be placed with a person or entity unless the Secretary
of Health and Human Services makes a determination that
the proposed custodian is capable of providing for the
child's physical and mental well-being. Such
determination shall, at a minimum, include verification
of the custodian's identity and relationship to the
child, if any, as well as an independent finding that
the individual has not engaged in any activity that
would indicate a potential risk to the child.
(B) Home studies.--Before placing the child with an
individual, the Secretary of Health and Human Services
shall determine whether a home study is first
necessary. A home study shall be conducted for a child
who is a victim of a severe form of trafficking in
persons, a special needs child with a disability (as
defined in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102(2))), a child who has been
a victim of physical or sexual abuse under
circumstances that indicate that the child's health or
welfare has been significantly harmed or threatened, or
a child whose proposed sponsor clearly presents a risk
of abuse, maltreatment, exploitation, or trafficking to
the child based on all available objective evidence.
The Secretary of Health and Human Services shall
conduct follow-up services, during the pendency of
removal proceedings, on children for whom a home study
was conducted and is authorized to conduct follow-up
services in cases involving children with mental health
or other needs who could benefit from ongoing
assistance from a social welfare agency.
(C) Access to information.--Not later than 2 weeks
after receiving a request from the Secretary of Health
and Human Services, the Secretary of Homeland Security
shall provide information necessary to conduct
suitability assessments from appropriate Federal,
State, and local law enforcement and immigration
databases.
(4) Legal orientation presentations.--The Secretary of
Health and Human Services shall cooperate with the Executive
Office for Immigration Review to ensure that custodians receive
legal orientation presentations provided through the Legal
Orientation Program administered by the Executive Office for
Immigration Review. At a minimum, such presentations shall
address the custodian's responsibility to attempt to ensure the
child's appearance at all immigration proceedings and to
protect the child from mistreatment, exploitation, and
trafficking.
(5) Access to counsel.--The Secretary of Health and Human
Services shall ensure, to the greatest extent practicable and
consistent with section 292 of the Immigration and Nationality
Act (8 U.S.C. 1362), that all unaccompanied alien children who
are or have been in the custody of the Secretary or the
Secretary of Homeland Security, and who are not described in
subsection (a)(2)(A), have counsel to represent them in legal
proceedings or matters and protect them from mistreatment,
exploitation, and trafficking. To the greatest extent
practicable, the Secretary of Health and Human Services shall
make every effort to utilize the services of pro bono counsel
who agree to provide representation to such children without
charge.
(6) Child advocates.--The Secretary of Health and Human
Services is authorized to appoint independent child advocates
for child trafficking victims and other vulnerable
unaccompanied alien children. A child advocate shall be
provided access to materials necessary to effectively advocate
for the best interest of the child. The child advocate shall
not be compelled to testify or provide evidence in any
proceeding concerning any information or opinion received from
the child in the course of serving as a child advocate. The
child advocate shall be presumed to be acting in good faith and
be immune from civil and criminal liability for lawful conduct
of duties as described in this provision.
(d) Permanent Protection for Certain At-Risk Children.--
(1) In general.--Section 101(a)(27)(J) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended--
(A) in clause (i), by striking ``State and who has
been deemed eligible by that court for long-term foster
care due to abuse, neglect, or abandonment;'' and
inserting ``State, or an individual or entity appointed
by a State or juvenile court located in the United
States, and whose reunification with 1 or both of the
immigrant's parents is not viable due to abuse,
neglect, abandonment, or a similar basis found under
State law;''; and
(B) in clause (iii)--
(i) in the matter preceding subclause (I),
by striking ``the Attorney General expressly
consents to the dependency order serving as a
precondition to the grant of special immigrant
juvenile status;'' and inserting ``the
Secretary of Homeland Security consents to the
grant of special immigrant juvenile status,'';
and
(ii) in subclause (I), by striking ``in the
actual or constructive custody of the Attorney
General unless the Attorney General
specifically consents to such jurisdiction;''
and inserting ``in the custody of the Secretary
of Health and Human Services unless the
Secretary of Health and Human Services
specifically consents to such jurisdiction;''.
(2) Expeditious adjudication.--All applications for special
immigrant status under section 101(a)(27)(J) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(27)(J)) shall be
adjudicated by the Secretary of Homeland Security not later
than 180 days after the date on which the application is filed.
(3) Adjustment of status.--Section 245(h)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1255(h)(2)(A)) is
amended to read as follows:
``(A) paragraphs (4), (5)(A), (6)(A), (6)(C),
(6)(D), (7)(A), and (9)(B) of section 212(a) shall not
apply; and''.
(4) Eligibility for assistance.--
(A) In general.--A child who has been granted
special immigrant status under section 101(a)(27)(J) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(J)) and who was either in the custody of
the Secretary of Health and Human Services at the time
a dependency order was granted for such child or who
was receiving services pursuant to section 501(a) of
the Refugee Education Assistance Act of 1980 (8 U.S.C.
1522 note) at the time such dependency order was
granted, shall be eligible for placement and services
under section 412(d) of the Immigration and Nationality
Act (8 U.S.C. 1522(d)) until the earlier of--
(i) the date on which the child reaches the
age designated in section 412(d)(2)(B) of the
Immigration and Nationality Act (8 U.S.C.
1522(d)(2)(B)); or
(ii) the date on which the child is placed
in a permanent adoptive home.
(B) State reimbursement.--Subject to the
availability of appropriations, if State foster care
funds are expended on behalf of a child who is not
described in subparagraph (A) and has been granted
special immigrant status under section 101(a)(27)(J) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(J)), the Federal Government shall reimburse
the State in which the child resides for such
expenditures by the State.
(5) State courts acting in loco parentis.--A department or
agency of a State, or an individual or entity appointed by a
State court or juvenile court located in the United States,
acting in loco parentis, shall not be considered a legal
guardian for purposes of this section or section 462 of the
Homeland Security Act of 2002 (6 U.S.C. 279).
(6) Transition rule.--Notwithstanding any other provision
of law, an alien described in section 101(a)(27)(J) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)), as
amended by paragraph (1), may not be denied special immigrant
status under such section after the date of the enactment of
this Act based on age if the alien was a child on the date on
which the alien applied for such status.
(7) Access to asylum protections.--Section 208 of the
Immigration and Nationality Act (8 U.S.C. 1158) is amended--
(A) in subsection (a)(2), by adding at the end the
following:
``(E) Applicability.--Subparagraphs (A) and (B)
shall not apply to an unaccompanied alien child (as
defined in section 462(g) of the Homeland Security Act
of 2002 (6 U.S.C. 279(g))).''; and
(B) in subsection (b)(3), by adding at the end the
following:
``(C) Initial jurisdiction.--An asylum officer (as
defined in section 235(b)(1)(E)) shall have initial
jurisdiction over any asylum application filed by an
unaccompanied alien child (as defined in section 462(g)
of the Homeland Security Act of 2002 (6 U.S.C.
279(g))), regardless of whether filed in accordance
with this section or section 235(b).''.
(8) Specialized needs of unaccompanied alien children.--
Applications for asylum and other forms of relief from removal
in which an unaccompanied alien child is the principal
applicant shall be governed by regulations which take into
account the specialized needs of unaccompanied alien children
and which address both procedural and substantive aspects of
handling unaccompanied alien children's cases.
(e) Training.--The Secretary of State, the Secretary of Homeland
Security, the Secretary of Health and Human Services, and the Attorney
General shall provide specialized training to all Federal personnel,
and upon request, state and local personnel, who have substantive
contact with unaccompanied alien children. Such personnel shall be
trained to work with unaccompanied alien children, including
identifying children who are victims of severe forms of trafficking in
persons, and children for whom asylum or special immigrant relief may
be appropriate, including children described in subsection (a)(2).
(f) Amendments to the Homeland Security Act of 2002.--
(1) Additional responsibilities.--Section 462(b)(1)(L) of
the Homeland Security Act of 2002 (6 U.S.C. 279(b)(1)(L)) is
amended by striking the period at the end and inserting ``,
including regular follow-up visits to such facilities,
placements, and other entities, to assess the continued
suitability of such placements.''.
(2) Technical corrections.--Section 462(b) of such Act (6
U.S.C. 279(b)) is further amended--
(A) in paragraph (3), by striking ``paragraph
(1)(G),'' and inserting ``paragraph (1),''; and
(B) by adding at the end the following:
``(4) Rule of construction.--Nothing in paragraph (2)(B)
may be construed to require that a bond be posted for an
unaccompanied alien child who is released to a qualified
sponsor.''.
(g) Definition of Unaccompanied Alien Child.--For purposes of this
section, the term ``unaccompanied alien child'' has the meaning given
such term in section 462(g) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)).
(h) Effective Date.--This section--
(1) shall take effect on the date that is 90 days after the
date of the enactment of this Act; and
(2) shall also apply to all aliens in the United States in
pending proceedings before the Department of Homeland Security
or the Executive Office for Immigration Review, or related
administrative or Federal appeals, on the date of the enactment
of this Act.
(i) Grants and Contracts.--The Secretary of Health and Human
Services may award grants to, and enter into contracts with, voluntary
agencies to carry out this section and section 462 of the Homeland
Security Act of 2002 (6 U.S.C. 279).
SEC. 236. RESTRICTION OF PASSPORTS FOR SEX TOURISM.
(a) In General.--Following any conviction of an individual for a
violation of section 2423 of title 18, United States Code, the Attorney
General shall notify in a timely manner--
(1) the Secretary of State for appropriate action under
subsection (b); and
(2) the Secretary of Homeland Security for appropriate
action under the Immigration and Nationality Act.
(b) Authority to Restrict Passport.--
(1) Ineligibility for passport.--
(A) In general.--The Secretary of State shall not
issue a passport or passport card to an individual who
is convicted of a violation of section 2423 of title
18, United States Code, during the covered period if
the individual used a passport or passport card or
otherwise crossed an international border in committing
the offense.
(B) Passport revocation.--The Secretary of State
shall revoke a passport or passport card previously
issued to an individual described in subparagraph (A).
(2) Exceptions.--
(A) Emergency and humanitarian situations.--
Notwithstanding paragraph (1), the Secretary of State
may issue a passport or passport card, in emergency
circumstances or for humanitarian reasons, to an
individual described in paragraph (1)(A).
(B) Limitation for return to united states.--
Notwithstanding paragraph (1), the Secretary of State
may, prior to revocation, limit a previously issued
passport or passport card only for return travel to the
United States, or may issue a limited passport or
passport card that only permits return travel to the
United States.
(3) Definitions.--In this subsection--
(A) the term ``covered period'' means the period
beginning on the date on which an individual is
convicted of a violation of section 2423 of title 18,
United States Code, and ending on the later of--
(i) the date on which the individual is
released from a sentence of imprisonment
relating to the offense; and
(ii) the end of a period of parole or other
supervised release of the covered individual
relating to the offense; and
(B) the term ``imprisonment'' means being confined
in or otherwise restricted to a jail, prison, half-way
house, treatment facility, or another institution, on a
full or part-time basis, pursuant to the sentence
imposed as the result of a criminal conviction.
SEC. 237. ADDITIONAL REPORTING ON CRIME.
(a) Trafficking Offense Classification.--The Director of the
Federal Bureau of Investigation shall--
(1) classify the offense of human trafficking as a Part I
crime in the Uniform Crime Reports;
(2) to the extent feasible, establish subcategories for
State sex crimes that involve--
(A) a person who is younger than 18 years of age;
(B) the use of force, fraud or coercion; or
(C) neither of the elements described in
subparagraphs (A) and (B); and
(3) classify the offense of human trafficking as a Group A
offense for purpose of the National Incident-Based Reporting
System.
(b) Additional Information.--The Director of the Federal Bureau of
Investigation shall revise the Uniform Crime Reporting System and the
National Incident-Based Reporting System to distinguish between reports
of--
(1) incidents of assisting or promoting prostitution, which
shall include crimes committed by persons who--
(A) do not directly engage in commercial sex acts;
and
(B) direct, manage, or profit from such acts, such
as State pimping and pandering crimes;
(2) incidents of purchasing prostitution, which shall
include crimes committed by persons who purchase or attempt to
purchase or trade anything of value for commercial sex acts;
and
(3) incidents of prostitution, which shall include crimes
committed by persons providing or attempting to provide
commercial sex acts.
(c) Reports and Studies.--
(1) Reports.--Not later than February 1, 2010, the Attorney
General shall submit to the Committee on Foreign Affairs and
the Committee on the Judiciary of the House of Representatives
and the Committee on Foreign Relations and the Committee on the
Judiciary of the Senate reports on the following:
(A) Activities or actions, in fiscal years 2001
through 2009, by Federal departments and agencies to
enforce the offenses set forth in chapter 117 of title
18, United States Code, including information regarding
the number of prosecutions, the number of convictions,
an identification of multiple-defendant cases and the
results thereof, and, for fiscal years 2008 and 2009,
the number of prosecutions, the number of convictions,
and an identification of multiple-defendant case and
the results thereof, the use of expanded statutes of
limitation and other tools to prosecute crimes against
children who reached the age of eighteen years since
the time the crime was committed.
(B) The interaction, in Federal human trafficking
prosecutions in fiscal years 2001 through 2010, of
Federal restitution provisions with those provisions of
law allowing restoration and remission of criminally
and civilly forfeited property, including the
distribution of proceeds among multiple victims.
(C) Activities or actions, in fiscal years 2001
through 2010, to enforce the offenses set forth in
chapters 95 and 96 of title 18, United States Code, in
cases involving human trafficking, sex trafficking, or
prostitution offenses.
(D) Activities or actions, in fiscal years 2008 and
2009, by Federal departments and agencies to enforce
the offenses set forth in the Act of August 15, 1935
(49 Stat. 651; D.C. Code 22-2701 et seq.) (relating to
prostitution and pandering), including information
regarding the number of prosecutions, the number of
convictions, and an identification of multiple-
defendant cases and the results thereof.
(2) Studies.--Subject to availability of appropriations,
the head of the National Institute of Justice shall conduct--
(A) a comprehensive study to examine the use of
Internet-based businesses and services by criminal
actors in the sex industry, and to disseminate best
practices for investigation and prosecution of
trafficking and prostitution offenses involving the
Internet; and
(B) a comprehensive study to examine the
application of State human trafficking statutes,
including such statutes based on the model law
developed by the Department of Justice, cases
prosecuted thereunder, and the impact, if any, on
enforcement of other State criminal statutes.
(3) Studies previously required by law.--Not later than 90
days after the date of the enactment of this Act, the Attorney
General shall report to the Committee on Foreign Affairs and
the Committee on the Judiciary of the House of Representatives
and the Committee on Foreign Relations and the Committee on the
Judiciary of the Senate on the status of the studies required
by paragraph (B)(i) and (ii) of section 201(a)(1) of the
Trafficking Victims Protection Reauthorization Act of 2005 (42
U.S.C. 14044(a)(1)) and indicate the projected date when such
studies will be completed.
SEC. 238. PROCESSING OF CERTAIN VISAS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
to the Committee on Foreign Affairs and the Committee on the Judiciary
of the House of Representatives and the Committee on Foreign Relations
and the Committee on the Judiciary of the Senate a report on the
operations of the specially-trained Violence Against Women Act Unit at
the Citizenship and Immigration Service's Vermont Service Center.
(b) Elements.--The report required by subsection (a) shall include
the following elements:
(1) Detailed information about the funds expended to
support the work of the Violence Against Women Act Unit at the
Vermont Service Center.
(2) A description of training for adjudicators, victim
witness liaison officers, managers, and others working in the
Violence Against Women Act Unit, including general training and
training on confidentiality issues.
(3) Measures taken to ensure the retention of specially-
trained staff within the Violence Against Women Act Unit.
(4) Measures taken to ensure the creation and retention of
a core of supervisory staff within the Violence Against Women
Act Unit and the Vermont Service Center with responsibility
over resource allocation, policy, program development, training
and other substantive or operational issues affecting the Unit,
who have historical knowledge and experience with the
Trafficking Victims Protection Act of 2000, the Violence
Against Women Act of 1994, Violence Against Women Act of 1994
confidentiality, and the specialized policies and procedures of
the Department of Homeland Security and its predecessor
agencies in such cases.
(5) Measures taken to ensure routine consultation between
the Violence Against Women Act Unit, U.S. Citizenship and
Immigration Services Headquarters, and the Office of Policy and
Strategy during the development of any Department of Homeland
Security regulations or policies that impact Violence Against
Women Act of 1994 confidentiality-protected victims and their
derivative family members.
(6) Information on any circumstances in which victim-based
immigration applications have been adjudicated by entities
other than the Violence Against Women Act Unit at the Vermont
Service Center, including reasons for such action and what
steps, if any, were taken to ensure that such applications were
handled by trained personnel and what steps were taken to
comply with the confidentiality provisions of the Violence
Against Women Act of 1994.
(7) Information on the time in which it takes to adjudicate
victim-based immigration applications, including the issuance
of visas, work authorization and deferred action in a timely
manner consistent with the safe and competent processing of
such applications, and steps taken to improve in this area.
SEC. 239. TEMPORARY INCREASE IN FEE FOR CERTAIN CONSULAR SERVICES.
(a) Increase in Fee.--Notwithstanding any other provision of law,
not later than October 1, 2009, the Secretary of State shall increase
by $1 the fee or surcharge assessed under section 140(a) of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law
103-236; 8 U.S.C. 1351 note) for processing machine-readable
nonimmigrant visas and machine-readable combined border crossing
identification cards and nonimmigrant visas.
(b) Deposit of Amounts.--Notwithstanding section 140(a)(2) of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236; 8 U.S.C. 1351 note), the additional amount collected
pursuant the fee increase under subsection (a) shall be deposited in
the Treasury.
(c) Duration of Increase.--The fee increase authorized under
subsection (a) shall terminate on the date that is 3 years after the
first date on which such increased fee is collected.
TITLE III--AUTHORIZATIONS OF APPROPRIATIONS
SEC. 301. TRAFFICKING VICTIMS PROTECTION ACT OF 2000.
Section 113 of the Trafficking Victims Protection Act of 2000, as
amended by section 213(a)(2), is amended--
(1) in subsection (a)--
(A) in the first sentence--
(i) by striking ``section 104, and''; and
(ii) by striking ``$1,500,000'' and all
that follows through ``$5,500,000 for each of
the fiscal years 2006 and 2007'' and inserting
``$5,500,000 for each of the fiscal years 2008
through 2011''; and
(B) in the second sentence--
(i) by striking ``for official reception
and representation expenses $3,000'' and
inserting ``$1,500,000 for additional personnel
for each of the fiscal years 2008 through 2011,
and $3,000 for official reception and
representation expenses''; and
(ii) by striking ``2006 and 2007'' and
inserting ``2008 through 2011'';
(2) in subsection (b)(1), by striking ``$5,000,000'' and
all that follows and inserting ``$12,500,000 for each of the
fiscal years 2008 through 2011'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``2004, 2005, 2006, and
2007'' each place it appears and inserting
``2008 through 2011''; and
(ii) in subparagraph (B), by adding at the
end the following: ``To carry out the purposes
of section 107(a)(1)(F), there are authorized
to be appropriated to the Secretary of State
$1,000,000 for each of the fiscal years 2008
through 2011.'';
(B) by striking paragraph (2);
(C) by redesignating paragraph (3) as paragraph
(2); and
(D) in paragraph (2), as redesignated--
(i) by striking ``section 104'' and
inserting ``sections 116(f) and 502B(h) of the
Foreign Assistance Act of 1961 (22 U.S.C.
2151n(f) and 2304(h))''; and
(ii) by striking ``, including the
preparation'' and all that follows and
inserting a period;
(4) in subsection (d)--
(A) in the first sentence, by striking
``$5,000,000'' and all that follows through ``2007''
and inserting ``$10,000,000 for each of the fiscal
years 2008 through 2011''; and
(B) in the second sentence, by striking ``2004,
2005, 2006, and 2007'' and inserting ``2008 through
2011'';
(5) in subsection (e)--
(A) in paragraph (1), by striking ``$5,000,000''
and all that follows and inserting ``$15,000,000 for
each of the fiscal years 2008 through 2011.'';
(B) in paragraph (2)--
(i) by striking ``section 109'' and
inserting ``section 134 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2152d)''; and
(ii) by striking ``$5,000,000'' and all
that follows and inserting ``$15,000,000 for
each of the fiscal years 2008 through 2011.'';
and
(C) in paragraph (3), by striking ``$300,000'' and
all that follows and inserting ``$2,000,000 for each of
the fiscal years 2008 through 2011.'';
(6) in subsection (f), by striking ``$5,000,000'' and all
that follows and inserting ``$10,000,000 for each of the fiscal
years 2008 through 2011.'';
(7) in subsection (h), by striking ``fiscal year 2006'' and
inserting ``each of the fiscal years 2008 through 2011''; and
(8) in subsection (i), by striking ``2006 and 2007'' and
inserting ``2008 through 2011''.
SEC. 302. TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2005.
The Trafficking Victims Protection Reauthorization Act of 2005
(Public Law 109-164) is amended--
(1) in section 102(b)(7), by striking ``2006 and 2007'' and
inserting ``2008 through 2011'';
(2) in section 201(c)--
(A) in paragraph (1), by striking ``$2,500,000 for
each of the fiscal years 2006 and 2007'' each place it
appears and inserting ``$1,500,000 for each of the
fiscal years 2008 through 2011''; and
(B) in paragraph (2), by striking ``2006 and 2007''
and inserting ``2008 through 2011'';
(3) in section 202(d), by striking ``$10,000,000 for each
of the fiscal years 2006 and 2007'' and inserting ``$8,000,000
for each of the fiscal years 2008 through 2011'';
(4) in section 203(g), by striking ``2006 and 2007'' and
inserting ``2008 through 2011''; and
(5) in section 204(d), by striking ``$25,000,000 for each
of the fiscal years 2006 and 2007'' and inserting ``$20,000,000
for each of the fiscal years 2008 through 2011''.
SEC. 303. RULE OF CONSTRUCTION.
The amendments made by sections 301 and 302 may not be construed to
affect the availability of funds appropriated pursuant to the
authorizations of appropriations under the Trafficking Victims
Protection Act of 2000 (division A of Public Law 106-386; 22 U.S.C.
7101 et seq.) and the Trafficking Victims Protection Reauthorization
Act of 2005 (Public Law 109-164) before the date of the enactment of
this Act.
SEC. 304. TECHNICAL AMENDMENTS.
(a) Trafficking Victims Protection Act of 2000.--Sections 103(1)
and 105(d)(7) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102(1) and 7103(d)(7)) are each amended by striking ``Committee
on International Relations'' each place it appears and inserting
``Committee on Foreign Affairs''.
(b) Trafficking Victims Protection Reauthorization Act of 2005.--
Section 102(b)(6) and subsections (c)(2)(B)(i) and (e)(2) of section
104 of the Trafficking Victims Protection Reauthorization Act of 2005
(Public Law 109-164) are amended by striking ``Committee on
International Relations'' each place it appears and inserting
``Committee on Foreign Affairs''.
TITLE IV--CHILD SOLDIERS PREVENTION
SEC. 401. SHORT TITLE.
This title may be cited as the ``Child Soldiers Prevention Act of
2008''.
SEC. 402. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) Child soldier.--Consistent with the provisions of the
Optional Protocol to the Convention of the Rights of the Child,
the term ``child soldier''--
(A) means--
(i) any person under 18 years of age who
takes a direct part in hostilities as a member
of governmental armed forces;
(ii) any person under 18 years of age who
has been compulsorily recruited into
governmental armed forces;
(iii) any person under 15 years of age who
has been voluntarily recruited into
governmental armed forces; or
(iv) any person under 18 years of age who
has been recruited or used in hostilities by
armed forces distinct from the armed forces of
a state; and
(B) includes any person described in clauses (ii),
(iii), or (iv) of subparagraph (A) who is serving in
any capacity, including in a support role such as a
cook, porter, messenger, medic, guard, or sex slave.
SEC. 403. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States Government should condemn the
conscription, forced recruitment, or use of children by
governments, paramilitaries, or other organizations;
(2) the United States Government should support and, to the
extent practicable, lead efforts to establish and uphold
international standards designed to end the abuse of human
rights described in paragraph (1);
(3) the United States Government should expand ongoing
services to rehabilitate recovered child soldiers and to
reintegrate such children back into their respective
communities by--
(A) offering ongoing psychological services to help
such children--
(i) to recover from the trauma suffered
during their forced military involvement;
(ii) to relearn how to interact with others
in nonviolent ways so that such children are no
longer a danger to their respective
communities; and
(iii) by taking into consideration the
needs of girl soldiers, who may be at risk of
exclusion from disarmament, demobilization, and
reintegration programs;
(B) facilitating reconciliation with such
communities through negotiations with traditional
leaders and elders to enable recovered abductees to
resume normal lives in such communities; and
(C) providing educational and vocational
assistance;
(4) the United States should work with the international
community, including, as appropriate, third country
governments, nongovernmental organizations, faith-based
organizations, United Nations agencies, local governments,
labor unions, and private enterprises--
(A) to bring to justice rebel and paramilitary
forces that kidnap children for use as child soldiers;
(B) to recover those children who have been
abducted; and
(C) to assist such children to be rehabilitated and
reintegrated into their respective communities;
(5) the Secretary of State, the Secretary of Labor, and the
Secretary of Defense should coordinate programs to achieve the
goals described in paragraph (3);
(6) United States diplomatic missions in countries in which
the use of child soldiers is an issue, whether or not such use
is supported or sanctioned by the governments of such
countries, should include in their mission program plans a
strategy to achieve the goals described in paragraph (3);
(7) United States diplomatic missions in countries in which
governments use or tolerate child soldiers should develop
strategies, as part of annual program planning--
(A) to promote efforts to end such abuse of human
rights; and
(B) to identify and integrate global best
practices, as available, into such strategies to avoid
duplication of effort; and
(8) in allocating or recommending the allocation of funds
or recommending candidates for programs and grants funded by
the United States Government, United States diplomatic missions
should give serious consideration to those programs and
candidates that are expected to promote the end to the abuse of
human rights described in this section.
SEC. 404. PROHIBITION.
(a) In General.--Subject to subsections (b), (c), and (d), the
authorities contained in section 516 or 541 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j or 2347) or section 23 of the Arms Export
Control Act (22 U.S.C. 2763) may not be used to provide assistance to,
and no licenses for direct commercial sales of military equipment may
be issued to, the government of a country that is clearly identified,
pursuant to subsection (b), for the most recent year preceding the
fiscal year in which the authorities or license would have been used or
issued in the absence of a violation of this title, as having
governmental armed forces or government-supported armed groups,
including paramilitaries, militias, or civil defense forces, that
recruit and use child soldiers.
(b) Identification and Notification to Countries in Violation of
Standards.--
(1) Publication of list of foreign governments.--The
Secretary of State shall include a list of the foreign
governments that have violated the standards under this title
and are subject to the prohibition in subsection (a) in the
report required under section 110(b) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107(b)).
(2) Notification of foreign countries.--The Secretary of
State shall formally notify any government identified pursuant
to subsection (a).
(c) National Interest Waiver.--
(1) Waiver.--The President may waive the application to a
country of the prohibition in subsection (a) if the President
determines that such waiver is in the national interest of the
United States.
(2) Publication and notification.--Not later than 45 days
after each waiver is granted under paragraph (1), the President
shall notify the appropriate congressional committees of the
waiver and the justification for granting such waiver.
(d) Reinstatement of Assistance.--The President may provide to a
country assistance otherwise prohibited under subsection (a) upon
certifying to the appropriate congressional committees that the
government of such country--
(1) has implemented measures that include an action plan
and actual steps to come into compliance with the standards
outlined in section 404(b); and
(2) has implemented policies and mechanisms to prohibit and
prevent future government or government-supported use of child
soldiers and to ensure that no children are recruited,
conscripted, or otherwise compelled to serve as child soldiers.
(e) Exception for Programs Directly Related To Addressing the
Problem of Child Soldiers or Professionalization of the Military.--
(1) In general.--The President may provide assistance to a
country for international military education, training, and
nonlethal supplies (as defined in section 2557(d)(1)(B) of
title 10, United States Code) otherwise prohibited under
subsection (a) upon certifying to the appropriate congressional
committees that--
(A) the government of such country is taking
reasonable steps to implement effective measures to
demobilize child soldiers in its forces or in
government-supported paramilitaries and is taking
reasonable steps within the context of its national
resources to provide demobilization, rehabilitation,
and reintegration assistance to those former child
soldiers; and
(B) the assistance provided by the United States
Government to the government of such country will go to
programs that will directly support professionalization
of the military.
(2) Limitation.--The exception under paragraph (1) may not
remain in effect for a country for more than 5 years.
SEC. 405. REPORTS.
(a) Investigation of Allegations Regarding Child Soldiers.--United
States missions abroad shall thoroughly investigate reports of the use
of child soldiers.
(b) Information for Annual Human Rights Reports.--In preparing
those portions of the annual Human Rights Report that relate to child
soldiers under sections 116 and 502B of the Foreign Assistance Act of
1961 (22 U.S.C. 2151n(f) and 2304(h)), the Secretary of State shall
ensure that such reports include a description of the use of child
soldiers in each foreign country, including--
(1) trends toward improvement in such country of the status
of child soldiers or the continued or increased tolerance of
such practices; and
(2) the role of the government of such country in engaging
in or tolerating the use of child soldiers.
(c) Annual Report to Congress.--If, during any of the 5 years
following the date of the enactment of this Act, a country is notified
pursuant to section 404(b)(2), or a wavier is granted pursuant to
section 404(c)(1), the President shall submit a report to the
appropriate congressional committees not later than June 15 of the
following year. The report shall include--
(1) a list of the countries receiving notification that
they are in violation of the standards under this title;
(2) a list of any waivers or exceptions exercised under
this title;
(3) justification for any such waivers and exceptions; and
(4) a description of any assistance provided under this
title pursuant to the issuance of such waiver.
SEC. 406. TRAINING FOR FOREIGN SERVICE OFFICERS.
Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is
amended by adding at the end the following:
``(c) The Secretary of State, with the assistance of other relevant
officials, shall establish as part of the standard training provided
for chiefs of mission, deputy chiefs of mission, and other officers of
the Service who are or will be involved in the assessment of child
soldier use or the drafting of the annual Human Rights Report
instruction on matters related to child soldiers, and the substance of
the Child Soldiers Prevention Act of 2008.''.
SEC. 407. EFFECTIVE DATE; APPLICABILITY.
This title, and the amendments made by this title, shall take
effect 180 days after the date of the enactment of this Act.
Passed the House of Representatives December 10, 2008.
Attest:
Clerk.
110th CONGRESS
2d Session
H. R. 7311
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal years 2008 through 2011 for the
Trafficking Victims Protection Act of 2000, to enhance measures to
combat trafficking in persons, and for other purposes.