[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7311 Enrolled Bill (ENR)]
H.R.7311
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.