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110TH CONGRESS
2D SESSION
H. R. 7311
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.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 9, 2008
Mr. BERMAN (for himself, Mr. SMITH of New Jersey, Mr. CONYERS, Ms. ROSLEHTINEN, Mr. SCOTT of Virginia, Mr. FORTENBERRY, and Ms. ZOE
LOFGREN of California) introduced the following bill; which was referred
to the Committee on Foreign Affairs, and in addition to the Committees
on Energy and Commerce and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To authorize appropriations for fiscal years 2008 through
2011 for the Trafficking Victims Protection Act of 2000,
to enhance measures to combat trafficking in persons,
and for other purposes.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
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4
(a) SHORT TITLE.—This Act may be cited as the
5 ‘‘William Wilberforce Trafficking Victims Protection Re6 authorization Act of 2008’’.
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1
(b) TABLE
OF
CONTENTS.—The table of contents for
2 this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—COMBATING INTERNATIONAL TRAFFICKING IN
PERSONS
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
101.
102.
103.
104.
105.
106.
107.
108.
109.
Interagency Task Force to Monitor and Combat Trafficking.
Office to Monitor and Combat Trafficking.
Prevention and prosecution of trafficking in foreign countries.
Assistance for victims of trafficking in other countries.
Increasing effectiveness of anti-trafficking programs.
Minimum standards for the elimination of trafficking.
Actions against governments failing to meet minimum standards.
Research on domestic and international trafficking in persons.
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.
Sec.
Sec.
Sec.
221.
222.
223.
224.
Restitution of forfeited assets; enhancement of civil action.
Enhancing penalties for trafficking offenses.
Jurisdiction in certain trafficking offenses.
Bail conditions, subpoenas, and repeat offender penalties for sex trafficking.
Sec. 225. Promoting effective State enforcement.
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Subtitle D—Activities of the United States Government
Sec. 231. Annual report by the Attorney General.
Sec. 232. Investigation by the Inspectors General.
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Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
233.
234.
235.
236.
237.
238.
239.
Senior Policy Operating Group.
Preventing United States travel by traffickers.
Enhancing efforts to combat the trafficking of children.
Restriction of passports for sex tourism.
Additional reporting on crime.
Processing of certain visas.
Temporary increase in fee for certain consular services.
TITLE III—AUTHORIZATIONS OF APPROPRIATIONS
Sec.
Sec.
Sec.
Sec.
301.
302.
303.
304.
Trafficking Victims Protection Act of 2000.
Trafficking Victims Protection Reauthorization Act of 2005.
Rule of construction.
Technical amendments.
TITLE IV—CHILD SOLDIERS PREVENTION
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
401.
402.
403.
404.
405.
406.
407.
Short title.
Definitions.
Sense of Congress.
Prohibition.
Reports.
Training for foreign service officers.
Effective date; applicability.
3
TITLE I—COMBATING INTERNATIONAL TRAFFICKING IN
PERSONS
4
SEC. 101. INTERAGENCY TASK FORCE TO MONITOR AND
1
2
5
COMBAT TRAFFICKING.
6
Section 105(b) of the Trafficking Victims Protection
7 Act of 2000 (22 U.S.C. 7103(b)) is amended by inserting
8 ‘‘the Secretary of Education,’’ after ‘‘the Secretary of
9 Homeland Security,’’.
10
SEC. 102. OFFICE TO MONITOR AND COMBAT TRAFFICKING.
11
Section 105(e) of the Trafficking Victims Protection
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12 Act of 2000 (22 U.S.C. 7103(e)) is amended—
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1
(1) in the subsection heading, by striking ‘‘SUP-
2
PORT FOR THE
3
FICE
4
5
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TO MONITOR
AND
COMBAT TRAFFICKING’’;
(2) by striking ‘‘The Secretary of State is authorized to’’ and inserting the following:
6
7
TASK FORCE’’ and inserting ‘‘OF-
‘‘(1) IN
GENERAL.—The
Secretary of State
shall’’; and
8
(3) by adding at the end the following:
9
‘‘(2) COORDINATION
OF CERTAIN ACTIVITIES.—
10
‘‘(A) PARTNERSHIPS.—The Director, in
11
coordination and cooperation with other officials
12
at the Department of State involved in cor-
13
porate responsibility, the Deputy Under Sec-
14
retary for International Affairs of the Depart-
15
ment of Labor, and other relevant officials of
16
the United States Government, shall promote,
17
build, and sustain partnerships between the
18
United States Government and private entities
19
(including foundations, universities, corpora-
20
tions,
21
other nongovernmental organizations) to ensure
22
that—
community-based
organizations,
23
‘‘(i) United States citizens do not use
24
any item, product, or material produced or
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extracted with the use of labor from vic-
2
tims of severe forms of trafficking; and
3
‘‘(ii) such entities do not contribute to
4
trafficking in persons involving sexual ex-
5
ploitation.
6
‘‘(B) UNITED
7
STATES ASSISTANCE.—The
Director shall be responsible for—
8
‘‘(i) all policy, funding, and program-
9
ming decisions regarding funds made avail-
10
able for trafficking in persons programs
11
that are centrally controlled by the Office
12
to Monitor and Combat Trafficking; and
13
‘‘(ii) coordinating any trafficking in
14
persons programs of the Department of
15
State or the United States Agency for
16
International Development that are not
17
centrally controlled by the Director.’’.
18
SEC. 103. PREVENTION AND PROSECUTION OF TRAF-
19
20
FICKING IN FOREIGN COUNTRIES.
(a) PREVENTION.—Section 106 of the Trafficking
21 Victims Protection Act of 2000 (22 U.S. C. 7104) is
22 amended by adding at the end the following:
23
‘‘(i) ADDITIONAL MEASURES TO PREVENT
AND
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24 DETER TRAFFICKING.—The President shall establish and
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1 carry out programs to prevent and deter trafficking in per2 sons, including—
3
‘‘(1) technical assistance and other support to
4
improve the capacity of foreign governments to in-
5
vestigate, identify, and carry out inspections of pri-
6
vate entities, including labor recruitment centers, at
7
which trafficking victims may be exploited, particu-
8
larly exploitation involving forced and child labor;
9
‘‘(2) technical assistance and other support for
10
foreign governments and nongovernmental organiza-
11
tions to provide immigrant populations with infor-
12
mation, in the native languages of the major immi-
13
grant groups of such populations, regarding the
14
rights of such populations in the foreign country and
15
local in-country nongovernmental organization-oper-
16
ated hotlines;
17
‘‘(3) technical assistance to provide legal frame-
18
works and other programs to foreign governments
19
and nongovernmental organizations to ensure that—
20
‘‘(A) foreign migrant workers are provided
21
the same protection as nationals of the foreign
22
country;
23
‘‘(B) labor recruitment firms are regulated;
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24
and
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1
‘‘(C) workers providing domestic services
2
in households are provided protection under
3
labor rights laws; and
4
‘‘(4) assistance to foreign governments to reg-
5
ister vulnerable populations as citizens or nationals
6
of the country to reduce the ability of traffickers to
7
exploit such populations.’’.
8
(b) PROSECUTION.—Section 134(a)(2) of the Foreign
9 Assistance Act of 1961 (22 U.S.C. 2152d(a)(2)) is amend10 ed by adding at the end before the semicolon the following:
11 ‘‘, including investigation of individuals and entities that
12 may be involved in trafficking in persons involving sexual
13 exploitation’’.
14
SEC. 104. ASSISTANCE FOR VICTIMS OF TRAFFICKING IN
15
16
OTHER COUNTRIES.
Section 107(a) of Trafficking Victims Protection Act
17 of 2000 (22 U.S.C. 7105(a)) is amended—
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18
(1) in paragraph (1)—
19
(A) in the second sentence, by inserting be-
20
fore the period at the end the following: ‘‘, and
21
shall be carried out in a manner which takes
22
into account the cross-border, regional, and
23
transnational aspects of trafficking in persons’’;
24
and
25
(B) by adding at the end the following:
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1
‘‘(F) In cooperation and coordination with
2
relevant organizations, such as the United Na-
3
tions High Commissioner for Refugees, the
4
International Organization for Migration, and
5
private nongovernmental organizations that
6
contract with, or receive grants from, the
7
United States Government to assist refugees
8
and internally displaced persons, support for—
9
‘‘(i) increased protections for refugees
10
and internally displaced persons, including
11
outreach and education efforts to prevent
12
such refugees and internally displaced per-
13
sons from being exploited by traffickers;
14
and
15
‘‘(ii) performance of best interest de-
16
terminations for unaccompanied and sepa-
17
rated children who come to the attention of
18
the United Nations High Commissioner for
19
Refugees, its partner organizations, or any
20
organization that contracts with the De-
21
partment of State in order to identify child
22
trafficking victims and to assist their safe
23
integration, reintegration, and resettle-
24
ment.’’; and
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1
(2) in paragraph (2), by adding at the end the
2
following: ‘‘In carrying out this paragraph, the Sec-
3
retary and the Administrator shall take all appro-
4
priate steps to ensure that cooperative efforts among
5
foreign countries are undertaken on a regional
6
basis.’’.
7
SEC. 105. INCREASING EFFECTIVENESS OF ANTI-TRAF-
8
FICKING PROGRAMS.
9
The Trafficking Victims Protection Act of 2000 (22
10 U.S.C. 7101 et seq.) is amended by inserting after section
11 107 the following:
12
‘‘SEC. 107A. INCREASING EFFECTIVENESS OF ANTI-TRAF-
13
FICKING PROGRAMS.
14
15
‘‘(a) AWARDING
MENTS, AND
OF
GRANTS, COOPERATIVE AGREE-
CONTRACTS.—In administering funds made
16 available to carry out this Act within and outside the
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17 United States—
18
‘‘(1) solicitations of grants, cooperative agree-
19
ments, and contracts for such programs shall be
20
made publicly available;
21
‘‘(2) grants, cooperative agreements, and con-
22
tracts shall be subject to full and open competition,
23
in accordance with applicable laws; and
24
‘‘(3) the internal department or agency review
25
process for such grants, cooperative agreements, and
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1
contracts shall not be subject to ad hoc or intermit-
2
tent review or influence by individuals or organiza-
3
tions outside the United States Government except
4
as provided under paragraphs (1) and (2).
5
‘‘(b) ELIGIBILITY.—
6
‘‘(1) IN
applicant desiring a
7
grant, contract, or cooperative agreement under this
8
Act shall certify that, to the extent practicable, per-
9
sons or entities providing legal services, social serv-
10
ices, health services, or other assistance have com-
11
pleted, or will complete, training in connection with
12
trafficking in persons.
13
‘‘(2) DISCLOSURE.—If appropriate, applicants
14
should indicate collaboration with nongovernmental
15
organizations, including organizations with expertise
16
in trafficking in persons.
17
‘‘(c) EVALUATION
18
OF
ANTI-TRAFFICKING PRO-
GRAMS.—
19
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GENERAL.—An
‘‘(1) IN
GENERAL.—The
President shall estab-
20
lish a system to evaluate the effectiveness and effi-
21
ciency of the assistance provided under anti-traf-
22
ficking programs established under this Act on a
23
program-by-program basis in order to maximize the
24
long-term sustainable development impact of such
25
assistance.
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1
‘‘(2) REQUIREMENTS.—In carrying out para-
2
graph (1), the President shall—
3
‘‘(A) establish performance goals for the
4
assistance described in paragraph (1), ex-
5
pressed in an objective and quantifiable form,
6
to the extent practicable;
7
‘‘(B) ensure that performance indicators
8
are used for programs authorized under this
9
Act to measure and assess the achievement of
10
the performance goals described in subpara-
11
graph (A);
12
‘‘(C) provide a basis for recommendations
13
for adjustments to the assistance described in
14
paragraph (1) to enhance the impact of such
15
assistance; and
16
‘‘(D) ensure that evaluations are conducted
17
by subject matter experts in and outside the
18
United States Government, to the extent prac-
19
ticable.
20
21
‘‘(d) TARGETED USE
GRAMS.—In
OF
ANTI-TRAFFICKING PRO-
providing assistance under this division, the
22 President should take into account the priorities and coun23 try assessments contained in the most recent report sub-
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24 mitted by the Secretary of State to Congress pursuant to
25 section 110(b).
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1
‘‘(e) CONSISTENCY WITH OTHER PROGRAMS.—The
2 President shall ensure that the design, monitoring, and
3 evaluation of United States assistance programs for emer4 gency relief, development, and poverty alleviation under
5 part I and chapter 4 of part II of the Foreign Assistance
6 Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.)
7 and other similar United States assistance programs are
8 consistent with United States policies and other United
9 States programs relating to combating trafficking in per10 sons.
11
‘‘(f) AUTHORIZATION
OF
APPROPRIATIONS.—For
12 each of the fiscal years 2008 through 2011, not more than
13 5 percent of the amounts made available to carry out this
14 division may be used to carry out this section, including—
15
‘‘(1) evaluations of promising anti-trafficking
16
programs and projects funded by the disbursing
17
agency pursuant to this Act; and
18
‘‘(2) evaluations of emerging problems or global
19
20
trends.’’.
SEC. 106. MINIMUM STANDARDS FOR THE ELIMINATION OF
21
22
TRAFFICKING.
Section 108 of the Trafficking Victims Protection Act
23 of 2000 (22 U.S.C. 7106) is amended—
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24
25
(1) in subsection (a), by striking ‘‘a significant
number of’’; and
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1
(2) in subsection (b)—
2
(A) in paragraph (1), by striking the pe-
3
riod at the end of the first sentence and insert-
4
ing the following: ‘‘, including, as appropriate,
5
requiring incarceration of individuals convicted
6
of such acts. For purposes of the preceding sen-
7
tence, suspended or significantly-reduced sen-
8
tences for convictions of principal actors in
9
cases of severe forms of trafficking in persons
10
shall be considered, on a case-by-case basis,
11
whether to be considered an indicator of serious
12
and sustained efforts to eliminate severe forms
13
of trafficking in persons.’’;
14
(B) in paragraph (2), by inserting before
15
the period at the end the following: ‘‘, including
16
by providing training to law enforcement and
17
immigration officials regarding the identifica-
18
tion and treatment of trafficking victims using
19
approaches that focus on the needs of the vic-
20
tims’’;
21
(C) in paragraph (3), by striking ‘‘meas-
22
ures to reduce the demand for commercial sex
23
acts and for participation in international sex
24
tourism by nationals of the country’’ and insert-
25
ing ‘‘measures to establish the identity of local
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1
populations, including birth registration, citi-
2
zenship, and nationality’’; and
3
(D) by adding at the end the following:
4
‘‘(11) Whether the government of the country
5
has made serious and sustained efforts to reduce the
6
demand for—
7
‘‘(A) commercial sex acts; and
8
‘‘(B) participation in international sex
9
10
tourism by nationals of the country.’’.
SEC. 107. ACTIONS AGAINST GOVERNMENTS FAILING TO
11
MEET MINIMUM STANDARDS.
12
13
(a) COUNTRIES
TO
TRAFFICKING
ON
IN
SPECIAL WATCH LIST RELATING
PERSONS
FOR
2 CONSECUTIVE
14 YEARS.—Section 110(b)(3) of the Trafficking Victims
15 Protection Act of 2000 (22 U.S.C. 7107(b)(3)) is amend16 ed by adding at the end the following:
17
‘‘(D) COUNTRIES
18
FOR 2 CONSECUTIVE YEARS.—
19
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ON SPECIAL WATCH LIST
‘‘(i) IN
GENERAL.—Except
20
vided under clause (ii), a country that is
21
included on the special watch list described
22
in subparagraph (A) for 2 consecutive
23
years after the date of the enactment of
24
this subparagraph, shall be included on the
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1
list of countries described in paragraph
2
(1)(C).
3
‘‘(ii) EXERCISE
OF WAIVER AUTHOR-
4
ITY.—The
5
cation of clause (i) for up to 2 years if the
6
President determines, and reports credible
7
evidence to the Committee on Foreign Re-
8
lations of the Senate and the Committee
9
on Foreign Affairs of the House of Rep-
10
resentatives, that such a waiver is justified
11
because—
President may waive the appli-
12
‘‘(I) the country has a written
13
plan to begin making significant ef-
14
forts to bring itself into compliance
15
with the minimum standards for the
16
elimination of trafficking;
17
‘‘(II) the plan, if implemented,
18
would constitute making such signifi-
19
cant efforts; and
20
‘‘(III) the country is devoting
21
sufficient resources to implement the
22
plan.’’.
23
(b) CLARIFICATION OF MEASURES AGAINST CERTAIN
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24 FOREIGN COUNTRIES.—Section 110(d)(1)(A)(ii) of the
25 Trafficking Victims Protection Act of 2000 (22 U.S.C.
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1 7107(d)(1)(A)) is amended by inserting ‘‘such assistance
2 to the government of the country for the subsequent fiscal
3 year and will not provide’’ after ‘‘will not provide’’.
4
5
(c) TRANSLATION
PORT.—The
OF
TRAFFICKING
IN
PERSONS RE-
Secretary of State shall—
6
(1) timely translate the annual report submitted
7
under section 110(b) of the Trafficking Victims Pro-
8
tection Act of 2000 (22 U.S.C. 7107(b)) into the
9
principal languages of as many countries as possible,
10
with particular emphasis on the languages of the
11
countries on the lists described in subparagraphs
12
(B) and (C) of section 110(b)(1) of such Act; and
13
(2) ensure that the translations described in
14
paragraph (1) are made available to the public
15
through postings on the Internet website of the De-
16
partment of State and other appropriate websites.
17
SEC. 108. RESEARCH ON DOMESTIC AND INTERNATIONAL
18
19
TRAFFICKING IN PERSONS.
(a) INTEGRATED DATABASE.—Section 112A of the
20 Trafficking Victims Protection Act of 2000 (22 U.S.C.
21 7109a) is amended—
22
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23
(1) in subsection (a), by amending paragraph
(5) to read as follows:
24
‘‘(5) An effective mechanism for quantifying the
25
number of victims of trafficking on a national, re-
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1
gional, and international basis, which shall include,
2
not later than 2 years after the date of the enact-
3
ment of the William Wilberforce Trafficking Victims
4
Protection Reauthorization Act of 2008, the estab-
5
lishment and maintenance of an integrated database
6
within the Human Smuggling and Trafficking Cen-
7
ter.’’; and
8
(2) by amending subsection (b) to read as fol-
9
lows:
10
11
‘‘(b) ROLE
FICKING
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12
HUMAN SMUGGLING
OF
AND
CENTER.—
‘‘(1) IN
GENERAL.—The
research initiatives de-
13
scribed in paragraphs (4) and (5) of subsection (a)
14
shall be carried out by the Human Smuggling and
15
Trafficking Center, established under section 7202
16
of the 9/11 Commission Implementation Act of 2004
17
(8 U.S.C. 1777).
18
‘‘(2) DATABASE.—The database described in
19
subsection (a)(5) shall be established by combining
20
all applicable data collected by each Federal depart-
21
ment and agency represented on the Interagency
22
Task Force to Monitor and Combat Trafficking,
23
consistent with the protection of sources and meth-
24
ods, and, to the maximum extent practicable, appli-
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1
cable data from relevant international organizations,
2
to—
3
‘‘(A) improve the coordination of the col-
4
lection of data related to trafficking in persons
5
by each agency of the United States Govern-
6
ment that collects such data;
7
‘‘(B) promote uniformity of such data col-
8
lection and standards and systems related to
9
such collection;
10
‘‘(C) undertake a meta-analysis of patterns
11
of trafficking in persons, slavery, and slave-like
12
conditions to develop and analyze global trends
13
in human trafficking;
14
‘‘(D) identify emerging issues in human
15
trafficking and establishing integrated methods
16
to combat them; and
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17
‘‘(E) identify research priorities to respond
18
to global patterns and emerging issues.
19
‘‘(3) CONSULTATION.—The database estab-
20
lished in accordance with paragraph (2) shall be
21
maintained in consultation with the Director of the
22
Office to Monitor and Combat Trafficking in Per-
23
sons of the Department of State.
24
‘‘(4) AUTHORIZATION
25
OF APPROPRIATIONS.—
There are authorized to be appropriated $2,000,000
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1
to the Human Smuggling and Trafficking Center for
2
each of the fiscal years 2008 through 2011 to carry
3
out the activities described in this subsection.’’.
4
(b) REPORT.—Section 110(b)(1) of the Trafficking
5 Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1))
6 is amended—
7
8
(1) in subparagraph (C), by striking ‘‘and’’ at
the end;
9
10
(2) in subparagraph (D), by striking the period
at the end and inserting a semicolon; and
11
(3) by adding at the end the following:
12
‘‘(E) reporting and analysis on the emer-
13
gence or shifting of global patterns in human
14
trafficking, including data on the number of
15
victims trafficked to, through, or from major
16
source and destination countries, disaggregated
17
by nationality, gender, and age, to the extent
18
possible; and
19
‘‘(F) emerging issues in human traf-
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20
ficking.’’.
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1
SEC. 109. PRESIDENTIAL AWARD FOR EXTRAORDINARY EF-
2
FORTS TO COMBAT TRAFFICKING IN PER-
3
SONS.
4
The Trafficking Victims Protection Act of 2000 (22
5 U.S.C. 7101 et seq.) is amended by inserting after section
6 112A the following:
7
‘‘SEC. 112B. PRESIDENTIAL AWARD FOR EXTRAORDINARY
8
EFFORTS TO COMBAT TRAFFICKING IN PER-
9
SONS.
10
‘‘(a) ESTABLISHMENT
OF
AWARD.—The President is
11 authorized to establish an award, to be known as the
12 ‘Presidential Award for Extraordinary Efforts To Combat
13 Trafficking in Persons’, for extraordinary efforts to com14 bat trafficking in persons. To the maximum extent prac15 ticable, the Secretary of State shall present the award an16 nually to not more than 5 individuals or organizations, in17 cluding—
18
19
‘‘(1) individuals who are United States citizens
or foreign nationals; and
20
‘‘(2) United States or foreign nongovernmental
21
organizations.
22
‘‘(b) SELECTION.—The President shall establish pro-
23 cedures for selecting recipients of the award authorized
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24 under subsection (a).
25
‘‘(c) CEREMONY.—The Secretary of State shall host
26 an annual ceremony for recipients of the award authorized
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1 under subsection (a) as soon as practicable after the date
2 on which the Secretary submits to Congress the report re3 quired under section 110(b)(1). The Secretary of State
4 may pay the travel costs of each recipient and a guest
5 of each recipient who attends the ceremony.
6
‘‘(d) AUTHORIZATION
OF
APPROPRIATIONS.—There
7 are authorized to be appropriated, for each of the fiscal
8 years 2008 through 2011, such sums as may be necessary
9 to carry out this section.’’.
10
SEC. 110. REPORT ON ACTIVITIES OF THE DEPARTMENT OF
11
LABOR TO MONITOR AND COMBAT FORCED
12
LABOR AND CHILD LABOR.
13
(a) FINAL REPORT; PUBLIC AVAILABILITY
OF
14 LIST.—Not later than January 15, 2010, the Secretary
15 of Labor shall—
16
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17
(1) submit to the appropriate congressional
committees a final report that—
18
(A) describes the implementation of section
19
105(b) of the Trafficking Victims Protection
20
Reauthorization
21
7103(b)); and
Act
of
2005
(22
22
(B) includes an initial list of goods de-
23
scribed in paragraph (2)(C) of such section;
24
and
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1
(2) make the list of goods described in para-
2
graph (1)(B) available to the public.
3
(b) APPROPRIATE CONGRESSIONAL COMMITTEES
4 DEFINED.—In this section, the term ‘‘appropriate con5 gressional committees’’ has the meaning given the term
6 in section 103 of the Trafficking Victims Protection Act
7 of 2000 (22 U.S.C. 7102).
8
SEC. 111. SENSE OF CONGRESS REGARDING MULTILAT-
9
ERAL
FRAMEWORK
10
PORTING
11
TRIES.
12
AND
BETWEEN
LABOR
LABOR
IMPORTING
EX-
COUN-
It is the sense of Congress that the Secretary of
13 State, in conjunction with the International Labour Orga14 nization, the United Nations Office of Drug and Crime
15 Prevention, and other relevant international and non16 governmental organizations, should seek to establish a
17 multilateral framework between labor exporting and labor
18 importing countries to ensure that workers migrating be19 tween such countries are protected from trafficking in per-
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20 sons.
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6
TITLE
II—COMBATING
TRAFFICKING IN PERSONS IN THE
UNITED STATES
Subtitle A—Ensuring Availability
of Possible Witnesses and Informants
7
SEC. 201. PROTECTING TRAFFICKING VICTIMS AGAINST RE-
1
2
3
4
5
8
9
TALIATION.
(a) T VISAS.—Section 101(a)(15)(T) of the Immigra-
10 tion and Nationality Act (8 U.S.C. 1101(a)(15)(T)) is
11 amended—
12
(1) in clause (i)—
13
(A) in the matter preceding subclause (I),
14
by striking ‘‘Security and the Attorney General
15
jointly;’’ and inserting ‘‘Security, in consulta-
16
tion with the Attorney General,’’;
17
(B) in subclause (I), by striking the
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18
comma at the end and inserting a semicolon;
19
(C) in subclause (II), by adding at the end
20
the following: ‘‘including physical presence on
21
account of the alien having been allowed entry
22
into the United States for participation in in-
23
vestigative or judicial processes associated with
24
an act or a perpetrator of trafficking;’’;
25
(D) in subclause (III)—
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1
(i) in item (aa), by striking ‘‘or’’ at
2
the end;
3
(ii) by redesignating item (bb) as item
4
(cc);
5
(iii) by inserting after item (aa) the
6
following:
7
‘‘(bb) in consultation with the Attorney
8
General, as appropriate, is unable to cooperate
9
with a request described in item (aa) due to
10
physical or psychological trauma; or’’; and
11
(iv) in item (cc), as redesignated, by
12
striking ‘‘, and’’ at the end and inserting
13
‘‘; and’’; and
14
(E) in subclause (IV), by adding ‘‘and’’ at
15
the end;
16
(2) in clause (ii)—
17
(A) in subclause (I), by striking ‘‘or’’ at
18
the end;
19
(B) in subclause (II), by striking ‘‘and’’ at
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20
the end and inserting ‘‘or’’; and
21
(C) by adding at the end the following:
22
‘‘(III) any parent or unmarried sibling
23
under 18 years of age of an alien described in
24
subclause (I) or (II) who the Secretary of
25
Homeland Security, in consultation with the
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1
law enforcement officer investigating a severe
2
form of trafficking, determines faces a present
3
danger of retaliation as a result of the alien’s
4
escape from the severe form of trafficking or
5
cooperation with law enforcement.’’; and
6
(3) by striking clause (iii).
7
(b) REQUIREMENTS
FOR
T VISA ISSUANCE.—Section
8 214(o)(7) of the Immigration and Nationality Act (8
9 U.S.C. 1184(o)(7)) is amended—
10
(1) in subparagraph (B)—
11
(A) by striking ‘‘subparagraph (A) if a
12
Federal’’ and inserting the following: ‘‘subpara-
13
graph (A) if—
14
‘‘(i) a Federal’’;
15
(B) by striking the period at the end and
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16
inserting a semicolon; and
17
(C) by adding at the end the following:
18
‘‘(ii) the alien is eligible for relief under section
19
245(l) and is unable to obtain such relief because
20
regulations have not been issued to implement such
21
section; or
22
‘‘(iii) the Secretary of Homeland Security deter-
23
mines that an extension of the period of such non-
24
immigrant status is warranted due to exceptional
25
circumstances.’’; and
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1
2
(2) by adding at the end the following:
‘‘(C)
Nonimmigrant
status
under
section
3 101(a)(15)(T) shall be extended during the pendency of
4 an application for adjustment of status under section
5 245(l).’’.
6
(c) CONDITIONS
ON
NONIMMIGRANT STATUS
FOR
7 CERTAIN CRIME VICTIMS.—Section 214(p)(6) of the Im8 migration and Nationality Act (8 U.S.C. 1184(p)(6)) is
9 amended by adding at the end the following: ‘‘The Sec10 retary of Homeland Security may extend, beyond the 411 year period authorized under this section, the authorized
12 period of status of an alien as a nonimmigrant under sec13 tion 101(a)(15)(U) if the Secretary determines that an ex14 tension of such period is warranted due to exceptional cir15 cumstances. Such alien’s nonimmigrant status shall be ex16 tended beyond the 4-year period authorized under this sec17 tion if the alien is eligible for relief under section 245(m)
18 and is unable to obtain such relief because regulations
19 have not been issued to implement such section and shall
20 be extended during the pendency of an application for ad21 justment of status under section 245(m). The Secretary
22 may grant work authorization to any alien who has a
23 pending, bona fide application for nonimmigrant status
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24 under section 101(a)(15)(U).’’.
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1
2
(d) ADJUSTMENT OF STATUS FOR TRAFFICKING VICTIMS.—Section
245(l) of the Immigration and Nationality
3 Act (8 U.S.C. 1255(l)) is amended—
4
(1) in paragraph (1)—
5
(A) in the matter preceding subparagraph
6
(A), by striking ‘‘the Attorney General,,’’ and
7
inserting ‘‘in the opinion of the Secretary of
8
Homeland Security, in consultation with the At-
9
torney General, as appropriate’’;
10
(B) in subparagraph (B)—
11
(i) by inserting ‘‘subject to paragraph
12
(6),’’ after ‘‘(B)’’; and
13
(ii) by striking ‘‘, and’’ and inserting
14
‘‘; and’’; and
15
(C) in subparagraph (C)—
16
(i) in clause (i), by striking ‘‘, or’’ and
17
inserting a semicolon;
18
(ii) in clause (ii), by striking ‘‘, or in
19
the case of subparagraph (C)(i), the Attor-
20
ney General, as appropriate’’; and
21
(iii) by striking the period at the end
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22
and inserting the following: ‘‘; or
23
‘‘(iii) was younger than 18 years of
24
age at the time of the victimization quali-
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1
fying the alien for relief under section
2
101(a)(15)(T).’’;
3
(2) in paragraph (3), by striking the period at
4
the end and inserting the following: ‘‘, unless—
5
‘‘(A) the absence was necessary to assist in the
6
investigation or prosecution described in paragraph
7
(1)(A); or
8
‘‘(B) an official involved in the investigation or
9
prosecution certifies that the absence was otherwise
10
justified.’’; and
11
(3) by adding at the end the following:
12
‘‘(6) For purposes of paragraph (1)(B), the Secretary
13 of Homeland Security may waive consideration of a dis14 qualification from good moral character with respect to
15 an alien if the disqualification was caused by, or incident
16 to, the trafficking described in section 101(a)(15)(T)(i)(I).
17
‘‘(7) The Secretary of Homeland Security shall per-
18 mit aliens to apply for a waiver of any fees associated with
19 filing an application for relief through final adjudication
20 of the adjustment of status for a VAWA self-petitioner
21 and
for
relief
under
sections
101(a)(15)(T),
22 101(a)(15)(U), 106, 240A(b)(2), and 244(a)(3) (as in ef-
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23 fect on March 31, 1997).’’.
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1
(e) ADJUSTMENT
OF
STATUS
FOR
CRIME VICTIMS.—
2 Section 245(m) of the Immigration and Nationality Act
3 (8 U.S.C. 1255(m)) is amended—
4
(1) in paragraph (1), in the matter preceding
5
subparagraph (A), by striking ‘‘unless the Attorney
6
General’’ and inserting ‘‘unless the Secretary’’; and
7
8
(2) by adding at the end the following:
‘‘(5)(A) The Secretary of Homeland Security shall
9 consult with the Attorney General, as appropriate, in mak10 ing a determination under paragraph (1) whether affirma11 tive evidence demonstrates that the alien unreasonably re12 fused to provide assistance to a Federal law enforcement
13 official, Federal prosecutor, Federal judge, or other Fed14 eral authority investigating or prosecuting criminal activ15 ity described in section 101(a)(15)(U)(iii).
16
‘‘(B) Nothing in paragraph (1)(B) may be construed
17 to prevent the Secretary from consulting with the Attorney
18 General in making a determination whether affirmative
19 evidence demonstrates that the alien unreasonably refused
20 to provide assistance to a State or local law enforcement
21 official, State or local prosecutor, State or local judge, or
22 other State or local authority investigating or prosecuting
23 criminal activity described in section 101(a)(15)(U)(iii).’’.
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24
(f) EFFECTIVE DATE.—The amendments made by
25 this section shall—
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1
(1) take effect on the date of enactment of the
2
Act; and
3
(2) apply to applications for immigration bene-
4
5
fits filed on or after such date.
SEC. 202. PROTECTIONS FOR DOMESTIC WORKERS AND
6
7
OTHER NONIMMIGRANTS.
(a) INFORMATION PAMPHLET.—
8
(1) DEVELOPMENT
AND DISTRIBUTION.—The
9
Secretary of State, in consultation with the Sec-
10
retary of Homeland Security, the Attorney General,
11
and the Secretary of Labor, shall develop an infor-
12
mation pamphlet on legal rights and resources for
13
aliens applying for employment- or education-based
14
nonimmigrant visas.
15
(2) CONSULTATION.—In developing the infor-
16
mation pamphlet under paragraph (1), the Secretary
17
of State shall consult with nongovernmental organi-
18
zations with expertise on the legal rights of workers
19
and victims of severe forms of trafficking in persons.
20
(b) CONTENTS.—The information pamphlet devel-
21 oped under subsection (a) shall include information con-
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22 cerning items such as—
23
(1) the nonimmigrant visa application proc-
24
esses, including information about the portability of
25
employment;
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1
(2) the legal rights of employment or education-
2
based nonimmigrant visa holders under Federal im-
3
migration, labor, and employment law;
4
(3) the illegality of slavery, peonage, trafficking
5
in persons, sexual assault, extortion, blackmail, and
6
worker exploitation in the United States;
7
(4) the legal rights of immigrant victims of
8
trafficking in persons and worker exploitation, in-
9
cluding—
10
(A) the right of access to immigrant and
11
labor rights groups;
12
(B) the right to seek redress in United
13
States courts;
14
(C) the right to report abuse without retal-
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15
iation;
16
(D) the right of the nonimmigrant to relin-
17
quish possession of his or her passport to his or
18
her employer;
19
(E) the requirement of an employment
20
contract between the employer and the non-
21
immigrant; and
22
(F) an explanation of the rights and pro-
23
tections included in the contract described in
24
subparagraph (E); and
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1
(5) information about nongovernmental organi-
2
zations that provide services for victims of traf-
3
ficking in persons and worker exploitation, includ-
4
ing—
5
(A) anti-trafficking in persons telephone
6
hotlines operated by the Federal Government;
7
(B) the Operation Rescue and Restore hot-
8
line; and
9
(C) a general description of the types of
10
victims services available for individuals subject
11
to trafficking in persons or worker exploitation.
12
(c) TRANSLATION.—
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13
(1) IN
GENERAL.—To
best serve the language
14
groups having the greatest concentration of employ-
15
ment-based nonimmigrant visas, the Secretary of
16
State shall translate the information pamphlet devel-
17
oped under subsection (a) into all relevant foreign
18
languages, to be determined by the Secretary based
19
on the languages spoken by the greatest concentra-
20
tions of employment- or education-based non-
21
immigrant visa applicants.
22
(2) REVISION.—Every 2 years, the Secretary of
23
State, in consultation with the Attorney General and
24
the Secretary of Homeland Security, shall determine
25
the specific languages into which the information
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1
pamphlet will be translated based on the languages
2
spoken
3
employment- or education-based nonimmigrant visa
4
applicants.
5
(d) AVAILABILITY AND DISTRIBUTION.—
6
the
(1) POSTING
greatest
concentrations
ON FEDERAL WEBSITES.—The
in-
formation pamphlet developed under subsection (a)
8
shall be posted on the websites of the Department
9
of State, the Department of Homeland Security, the
10
Department of Justice, the Department of Labor,
11
and all United States consular posts processing ap-
12
plications for employment- or education-based non-
13
immigrant visas.
14
(2) OTHER
DISTRIBUTION.—The
information
15
pamphlet developed under subsection (a) shall be
16
made available to any—
17
(A) government agency;
18
(B) nongovernmental advocacy organization; or
20
(C) foreign labor broker doing business in
21
the United States.
22
(3) DEADLINE
FOR PAMPHLET DEVELOPMENT
23
AND DISTRIBUTION.—Not
24
the date of the enactment of this Act, the Secretary
25
of State shall distribute and make available the in-
later than 180 days after
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7
19
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1
formation pamphlet developed under subsection (a)
2
in all the languages referred to in subsection (c).
3
(e) RESPONSIBILITIES
4
THE
CONSULAR OFFICERS
DEPARTMENT OF STATE.—
(1) INTERVIEWS.—A consular officer con-
6
ducting an interview of an alien for an employment-
7
based nonimmigrant visa shall—
8
(A)(i) confirm that the alien has received,
9
read, and understood the contents of the pam-
10
phlet described in subsections (a) and (b); and
11
(ii) if the alien has not received, read, or
12
understood the contents of the pamphlet de-
13
scribed in subsections (a) and (b), distribute
14
and orally disclose to the alien the information
15
described in paragraphs (2) and (3) in a lan-
16
guage that the alien understands; and
17
(B) offer to answer any questions the alien
18
may have regarding the contents of the pam-
19
phlet described in subsections (a) and (b).
20
(2) LEGAL
RIGHTS.—The
consular officer shall
disclose to the alien—
22
(A) the legal rights of employment-based
23
nonimmigrants
24
labor, and employment laws;
under
Federal
immigration,
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5
21
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1
(B) the illegality of slavery, peonage, traf-
2
ficking in persons, sexual assault, extortion,
3
blackmail, and worker exploitation in the
4
United States; and
5
(C) the legal rights of immigrant victims of
6
trafficking in persons, worker exploitation, and
7
other related crimes, including—
8
(i) the right of access to immigrant
9
and labor rights groups;
10
(ii) the right to seek redress in United
11
States courts; and
12
(iii) the right to report abuse without
13
retaliation.
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14
(3) VICTIM
SERVICES.—In
carrying out the dis-
15
closure requirement under this subsection, the con-
16
sular officer shall disclose to the alien the avail-
17
ability of services for victims of human trafficking
18
and worker exploitation in the United States, includ-
19
ing victim services complaint hotlines.
20
(f) DEFINITIONS.—In this section:
21
(1) EMPLOYMENT-
OR EDUCATION-BASED NON-
22
IMMIGRANT VISA.—The
term ‘‘employment- or edu-
23
cation-based nonimmigrant visa’’ means—
24
(A) a nonimmigrant visa issued under sub-
25
paragraph (A)(iii), (G)(v), (H), or (J) of section
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1
101(a)(15) of the Immigration and Nationality
2
Act (8 U.S.C. 1101(a)(15)); and
3
(B) any nonimmigrant visa issued to a per-
4
sonal or domestic servant who is accompanying
5
or following to join an employer.
6
(2) SEVERE
FORMS OF TRAFFICKING IN PER-
7
SONS.—The
8
persons’’ has the meaning given the term in section
9
103 of the Trafficking Victims Protection Act of
10
term ‘‘severe forms of trafficking in
2000 (22 U.S.C. 7102).
11
(3) SECRETARY.—The term ‘‘Secretary’’ means
12
the Secretary of State.
13
(4) ABUSING
AND
EXPLOITING.—The
term
14
‘‘abusing and exploiting’’ means any conduct which
15
would constitute a violation of section 1466A, 1589,
16
1591, 1592, 2251, or 2251A of title 18, United
17
States Code.
18
SEC. 203. PROTECTIONS, REMEDIES, AND LIMITATIONS ON
19
20
ISSUANCE FOR A–3 AND G–5 VISAS.
(a) LIMITATIONS
ISSUANCE
ON
OF
A–3
AND
G–5
21 VISAS.—
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22
(1)
CONTRACT
REQUIREMENT.—Notwith-
23
standing any other provision of law, the Secretary of
24
State may not issue—
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1
(A) an A–3 visa unless the applicant is em-
2
ployed, or has signed a contract to be employed
3
containing the requirements set forth in sub-
4
section (d)(2), by an officer of a diplomatic mis-
5
sion or consular post; or
6
(B) a G–5 visa unless the applicant is em-
7
ployed, or has signed a contract to be employed
8
by an employee in an international organiza-
9
tion.
10
(2)
REQUIREMENT.—Notwith-
11
standing any other provision of law, the Secretary
12
shall suspend, for such period as the Secretary de-
13
termines necessary, the issuance of A–3 visas or G–
14
5 visas to applicants seeking to work for officials of
15
a diplomatic mission or an international organiza-
16
tion, if the Secretary determines that there is cred-
17
ible evidence that 1 or more employees of such mis-
18
sion or international organization have abused or ex-
19
ploited 1 or more nonimmigrants holding an A–3
20
visa or a G–5 visa, and that the diplomatic mission
21
or international organization tolerated such actions.
22
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SUSPENSION
(3) ACTION
BY
DIPLOMATIC
MISSIONS
23
INTERNATIONAL
24
may suspend the application of the limitation under
25
paragraph (2) if the Secretary determines and re-
ORGANIZATIONS.—The
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Secretary
38
1
ports to the appropriate congressional committees
2
that a mechanism is in place to ensure that such
3
abuse or exploitation does not reoccur with respect
4
to any alien employed by an employee of such mis-
5
sion or institution.
6
(b) PROTECTIONS
AND
REMEDIES
7 5 NONIMMIGRANTS EMPLOYED
BY
A–3
FOR
AND
DIPLOMATS
G–
AND
8 STAFF OF INTERNATIONAL ORGANIZATIONS.—
9
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10
(1) IN
GENERAL.—The
Secretary may not issue
or renew an A–3 visa or a G–5 visa unless—
11
(A) the visa applicant has executed a con-
12
tract with the employer or prospective employer
13
containing provisions described in paragraph
14
(2); and
15
(B) a consular officer has conducted a per-
16
sonal interview with the applicant outside the
17
presence of the employer or any recruitment
18
agent in which the officer reviewed the terms of
19
the contract and the provisions of the pamphlet
20
required under section 202.
21
(2) MANDATORY
CONTRACT.—The
contract be-
22
tween the employer and domestic worker required
23
under paragraph (1) shall include—
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1
(A) an agreement by the employer to abide
2
by all Federal, State, and local laws in the
3
United States;
4
(B) information on the frequency and form
5
of payment, work duties, weekly work hours,
6
holidays, sick days, and vacation days; and
7
(C) an agreement by the employer not to
8
withhold the passport, employment contract, or
9
other personal property of the employee.
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10
(3) TRAINING
OF CONSULAR OFFICERS.—The
11
Secretary shall provide appropriate training to con-
12
sular officers on the fair labor standards described
13
in the pamphlet required under section 202, traf-
14
ficking in persons, and the provisions of this section.
15
(4) RECORD
16
(A) IN
KEEPING.—
GENERAL.—The
Secretary shall
17
maintain records on the presence of non-
18
immigrants holding an A–3 visa or a G–5 visa
19
in the United States, including—
20
(i) information about when the non-
21
immigrant entered and permanently exited
22
the country of residence;
23
(ii) the official title, contact informa-
24
tion, and immunity level of the employer;
25
and
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1
(iii) information regarding any allega-
2
tions of employer abuse received by the
3
Department of State.
4
(c) PROTECTION FROM REMOVAL DURING LEGAL
5 ACTIONS AGAINST FORMER EMPLOYERS.—
6
(1) REMAINING
7
SEEK LEGAL REDRESS.—
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8
(A) EFFECT
IN THE UNITED STATES TO
OF COMPLAINT FILING.—Ex-
9
cept as provided in subparagraph (B), if a non-
10
immigrant holding an A–3 visa or a G–5 visa
11
working in the United States files a civil action
12
under section 1595 of title 18, United States
13
Code, or a civil action regarding a violation of
14
any of the terms contained in the contract or
15
violation of any other Federal, State, or local
16
law in the United States governing the terms
17
and conditions of employment of the non-
18
immigrant that are associated with acts covered
19
by such section, the Attorney General and the
20
Secretary of Homeland Security shall permit
21
the nonimmigrant to remain legally in the
22
United States for time sufficient to fully and ef-
23
fectively participate in all legal proceedings re-
24
lated to such action.
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41
1
(B) EXCEPTION.—An alien described in
2
subparagraph (A) may be deported before the
3
conclusion of the legal proceedings related to a
4
civil action described in such subparagraph if
5
such alien is—
6
(i)
7
(2)(A)(i)(II),
8
(2)(H),
9
(3)(B), (3)(C), or (3)(F) of section 212(a)
10
of the Immigration and Nationality Act (8
11
U.S.C. 1182(a)); or
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12
(ii)
inadmissible
(2)(B),
(2)(I),
under
(2)(C),
(3)(A)(i),
deportable
paragraph
(3)(A)(iii),
under
paragraph
13
(2)(A)(ii), (2)(A)(iii), (4)(A)(i), (4)(A)(iii),
14
(4)(B), or (4)(C) of section 237(a) of such
15
Act (8 U.S.C. 1227(a)).
16
(C) FAILURE
TO
EXERCISE
DUE
DILI-
17
GENCE.—If
18
rity, after consultation with the Attorney Gen-
19
eral, determines that the nonimmigrant holding
20
an A–3 visa or a G–5 visa has failed to exercise
21
due diligence in pursuing an action described in
22
subparagraph (A), the Secretary may terminate
23
the status of the A–3 or G–5 nonimmigrant.
24
(2) AUTHORIZATION
25
the Secretary of Homeland Secu-
TO WORK.—The
01:28 Dec 10, 2008
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General and the Secretary of Homeland Security
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42
1
shall authorize any nonimmigrant described in para-
2
graph (1) to engage in employment in the United
3
States during the period the nonimmigrant is in the
4
United States pursuant to paragraph (1).
5
(d) STUDY AND REPORT.—
6
(1) INVESTIGATION
7
(A) IN
GENERAL.—Not
later than 180
8
days after the date of the enactment of this
9
Act, and every 2 years thereafter for the fol-
10
lowing 10 years, the Secretary shall submit a
11
report to the appropriate congressional commit-
12
tees on the implementation of this section.
13
(B) CONTENTS.—The report submitted
14
under subparagraph (A) shall include—
15
(i) an assessment of the actions taken
16
by the Department of State and the De-
17
partment of Justice to investigate allega-
18
tions of trafficking or abuse of non-
19
immigrants holding an A–3 visa or a G–5
20
visa; and
21
(ii) the results of such investigations.
22
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REPORT.—
(2) FEASIBILITY
OF OVERSIGHT OF EMPLOYEES
23
OF DIPLOMATS AND REPRESENTATIVES OF OTHER
24
INSTITUTIONS REPORT.—Not
25
after the date of the enactment of this Act, the Sec-
later than 180 days
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1
retary shall submit a report to the appropriate con-
2
gressional committees on the feasibility of—
3
(A) establishing a system to monitor the
4
treatment of nonimmigrants holding an A–3
5
visa or a G–5 visa who have been admitted to
6
the United States;
7
(B) a range of compensation approaches,
8
such as a bond program, compensation fund, or
9
insurance scheme, to ensure that such non-
10
immigrants receive appropriate compensation if
11
their employers violate the terms of their em-
12
ployment contracts; and
13
(C) with respect to each proposed com-
14
pensation approach described in subparagraph
15
(B), an evaluation and proposal describing the
16
proposed processes for—
17
(i) adjudicating claims of rights viola-
18
tions;
19
(ii) determining the level of compensa-
20
tion; and
21
(iii) administering the program, fund,
22
or scheme.
23
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24
(e) ASSISTANCE
TIONS.—The
TO
LAW ENFORCEMENT INVESTIGA-
Secretary shall cooperate, to the fullest ex-
25 tent possible consistent with the United States obligations
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44
1 under the Vienna Convention on Diplomatic Relations,
2 done at Vienna, April 18, 1961, (23 U.S.T. 3229), with
3 any investigation by United States law enforcement au4 thorities of crimes related to abuse or exploitation of a
5 nonimmigrant holding an A–3 visa or a G–5 visa.
6
(f) DEFINITIONS.—In this section:
7
(1) A–3
term ‘‘A–3 visa’’ means a
8
nonimmigrant visa issued pursuant to section
9
101(a)(15)(A)(iii) of the Immigration and Nation-
10
ality Act (8 U.S.C. 1101(a)(15)(A)(iii)).
11
(2) G–5
VISA.—The
term ‘‘G–5 visa’’ means a
12
nonimmigrant visa issued pursuant to section
13
101(a)(15)(G)(v) of the Immigration and Nation-
14
ality Act (8 U.S.C. 1101(a)(15)(G)(v)).
15
16
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of State.
17
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VISA.—The
(4) APPROPRIATE
18
TEES.—The
19
mittees’’ means—
CONGRESSIONAL
term ‘‘appropriate congressional com-
20
(A) the Committee on Foreign Affairs and
21
the Committee on the Judiciary of the House of
22
Representatives; and
23
(B) the Committee on Foreign Relations
24
and the Committee on the Judiciary of the Sen-
25
ate.
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1
SEC. 204. RELIEF FOR CERTAIN VICTIMS PENDING AC-
2
TIONS ON PETITIONS AND APPLICATIONS
3
FOR RELIEF.
4
Section 237 of the Immigration and Nationality Act
5 (8 U.S.C. 1227) is amended by adding at the end the fol6 lowing:
7
‘‘(d)(1) If the Secretary of Homeland Security deter-
8 mines that an application for nonimmigrant status under
9 subparagraph (T) or (U) of section 101(a)(15) filed for
10 an alien in the United States sets forth a prima facie case
11 for approval, the Secretary may grant the alien an admin12 istrative stay of a final order of removal under section
13 241(c)(2) until—
14
‘‘(A) the application for nonimmigrant status
15
under such subparagraph (T) or (U) is approved; or
16
‘‘(B) there is a final administrative denial of
17
the application for such nonimmigrant status after
18
the exhaustion of administrative appeals.
19
‘‘(2) The denial of a request for an administrative
20 stay of removal under this subsection shall not preclude
21 the alien from applying for a stay of removal, deferred
22 action, or a continuance or abeyance of removal pro23 ceedings under any other provision of the immigration
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24 laws of the United States.
25
‘‘(3) During any period in which the administrative
26 stay of removal is in effect, the alien shall not be removed.
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1
‘‘(4) Nothing in this subsection may be construed to
2 limit the authority of the Secretary of Homeland Security
3 or the Attorney General to grant a stay of removal or de4 portation in any case not described in this subsection.’’.
5
SEC. 205. EXPANSION OF AUTHORITY TO PERMIT CONTIN-
6
7
UED PRESENCE IN THE UNITED STATES.
(a) EXPANSION OF AUTHORITY.—
8
9
10
(1) IN
U.S.C. 7105(c)(3)) is amended to read as follows:
‘‘(3) AUTHORITY
TO PERMIT CONTINUED PRES-
ENCE IN THE UNITED STATES.—
13
‘‘(A) TRAFFICKING
14
‘‘(i) IN
VICTIMS.—
GENERAL.—If
a Federal law
15
enforcement official files an application
16
stating that an alien is a victim of a severe
17
form of trafficking and may be a potential
18
witness to such trafficking, the Secretary
19
of Homeland Security may permit the alien
20
to remain in the United States to facilitate
21
the investigation and prosecution of those
22
responsible for such crime.
23
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107(c)(3) of the
Trafficking Victims Protection Act of 2000 (22
11
12
GENERAL.—Section
‘‘(ii)
SAFETY.—While
investigating
24
and prosecuting suspected traffickers, Fed-
25
eral law enforcement officials described in
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1
clause (i) shall endeavor to make reason-
2
able efforts to protect the safety of traf-
3
ficking victims, including taking measures
4
to protect trafficked persons and their
5
family members from intimidation, threats
6
of reprisals, and reprisals from traffickers
7
and their associates.
8
‘‘(iii)
9
ENCE.—The
OF
Secretary shall permit an
alien described in clause (i) who has filed
11
a civil action under section 1595 of title
12
18, United States Code, to remain in the
13
United States until such action is con-
14
cluded. If the Secretary, in consultation
15
with the Attorney General, determines that
16
the alien has failed to exercise due dili-
17
gence in pursuing such action, the Sec-
18
retary may revoke the order permitting the
19
alien to remain in the United States.
‘‘(iv)
EXCEPTION.—Notwithstanding
21
clause (iii), an alien described in such
22
clause may be deported before the conclu-
23
sion of the administrative and legal pro-
24
ceedings related to a complaint described
25
in such clause if such alien is inadmissible
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10
20
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1
under
2
(2)(C), (2)(E), (2)(H), (2)(I), (3)(A)(i),
3
(3)(A)(iii), (3)(B), or (3)(C) of section
4
212(a) of the Immigration and Nationality
5
Act (8 U.S.C. 1182(a)).
6
‘‘(B) PAROLE
(2)(A)(i)(II),
FOR RELATIVES.—Law
en-
forcement officials may submit written requests
8
to the Secretary of Homeland Security, in ac-
9
cordance with section 240A(b)(6) of the Immi-
10
gration
11
1229b(b)(6)), to permit the parole into the
12
United States of certain relatives of an alien de-
13
scribed in subparagraph (A)(i).
and
Nationality
‘‘(C) STATE
Act
(8
U.S.C.
AND LOCAL LAW ENFORCE-
15
MENT.—The
16
in consultation with the Attorney General,
17
shall—
Secretary of Homeland Security,
18
‘‘(i) develop materials to assist State
19
and local law enforcement officials in work-
20
ing with Federal law enforcement to obtain
21
continued presence for victims of a severe
22
form of trafficking in cases investigated or
23
prosecuted at the State or local level; and
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7
14
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1
‘‘(ii) distribute the materials devel-
2
oped under clause (i) to State and local
3
law enforcement officials.’’.
4
(2) EFFECTIVE
5
DATE.—The
amendment made
by paragraph (1)—
6
(A) shall take effect on the date of the en-
7
actment of this Act;
8
(B) shall apply to pending requests for
9
continued presence filed pursuant to section
10
107(c)(3) of the Trafficking Victims Protection
11
Act (22 U.S.C. 7105(c)(3)) and requests filed
12
on or after such date; and
13
(C) may not be applied to an alien who is
14
not present in the United States.
15
16
(b) PAROLE FOR DERIVATIVES OF TRAFFICKING VICTIMS.—Section
240A(b) of the Immigration and Nation-
17 ality Act (8 U.S.C. 1229b(b)) is amended by adding at
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18 the end the following:
19
‘‘(6) RELATIVES
20
‘‘(A) IN
OF TRAFFICKING VICTIMS.—
GENERAL.—Upon
written request
21
by a law enforcement official, the Secretary of
22
Homeland Security may parole under section
23
212(d)(5) any alien who is a relative of an alien
24
granted
25
107(c)(3)(A) of the Trafficking Victims Protec-
continued
presence
under
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section
50
1
tion Act (22 U.S.C. 7105(c)(3)(A)), if the rel-
2
ative—
3
‘‘(i) was, on the date on which law en-
4
forcement applied for such continued pres-
5
ence—
6
‘‘(I) in the case of an alien grant-
7
ed continued presence who is under
8
21 years of age, the spouse, child,
9
parent, or unmarried sibling under 18
10
years of age, of the alien; or
11
‘‘(II) in the case of an alien
12
granted continued presence who is 21
13
years of age or older, the spouse or
14
child of the alien; or
15
‘‘(ii) is a parent or sibling of the alien
16
who the requesting law enforcement offi-
17
cial, in consultation with the Secretary of
18
Homeland Security, as appropriate, deter-
19
mines to be in present danger of retaliation
20
as a result of the alien’s escape from the
21
severe form of trafficking or cooperation
22
with law enforcement, irrespective of age.
23
‘‘(B) DURATION
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24
‘‘(i) IN
25
OF PAROLE.—
GENERAL.—The
may extend the parole granted under sub-
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1
paragraph (A) until the final adjudication
2
of the application filed by the principal
3
alien under section 101(a)(15)(T)(ii).
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4
‘‘(ii) OTHER
LIMITS ON DURATION.—
5
If an application described in clause (i) is
6
not filed, the parole granted under sub-
7
paragraph (A) may extend until the later
8
of—
9
‘‘(I) the date on which the prin-
10
cipal alien’s authority to remain in the
11
United
12
107(c)(3)(A) of the Trafficking Vic-
13
tims
14
7105(c)(3)(A)) is terminated; or
States
Protection
under
Act
(22
U.S.C.
15
‘‘(II) the date on which a civil ac-
16
tion filed by the principal alien under
17
section 1595 of title 18, United States
18
Code, is concluded.
19
‘‘(iii) DUE
DILIGENCE.—Failure
by
20
the principal alien to exercise due diligence
21
in filing a visa petition on behalf of an
22
alien described in clause (i) or (ii) of sub-
23
paragraph (A), or in pursuing the civil ac-
24
tion described in clause (ii)(II) (as deter-
25
mined by the Secretary of Homeland Secu-
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1
rity in consultation with the Attorney Gen-
2
eral), may result in revocation of parole.
3
‘‘(C) OTHER
LIMITATIONS.—A
relative
4
may not be granted parole under this para-
5
graph if—
6
‘‘(i) the Secretary of Homeland Secu-
7
rity or the Attorney General has reason to
8
believe that the relative was knowingly
9
complicit in the trafficking of an alien per-
10
mitted to remain in the United States
11
under section 107(c)(3)(A) of the Traf-
12
ficking Victims Protection Act (22 U.S.C.
13
7105(c)(3)(A)); or
14
‘‘(ii) the relative is an alien described
15
in paragraph (2) or (3) of section 212(a)
16
or
17
237(a).’’.
paragraph
(2)
or
(4)
of
section
19
Subtitle B—Assistance for
Trafficking Victims
20
SEC. 211. ASSISTANCE FOR CERTAIN NONIMMIGRANT STA-
18
21
22
TUS APPLICANTS.
(a) IN GENERAL.—Section 431(c) of the Personal
23 Responsibility and Work Opportunity Reconciliation Act
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24 of 1996 (8 U.S.C. 1641(c)) is amended—
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1
(1) in paragraph (2)(B), by striking ‘‘or’’ at the
2
end;
3
(2) in paragraph (3)(B), by striking the period
4
at the end and inserting ‘‘; or’’; and
5
(3) by inserting after paragraph (3) the fol-
6
lowing:
7
‘‘(4) an alien who has been granted non-
8
immigrant status under section 101(a)(15)(T) of the
9
Immigration
and
Nationality
Act
(8
U.S.C.
10
1101(a)(15)(T)) or who has a pending application
11
that sets forth a prima facie case for eligibility for
12
such nonimmigrant status.’’.
13
(b) EFFECTIVE DATE.—The amendments made by
14 subsection (a) shall apply to applications for public bene15 fits and public benefits provided on or after the date of
16 the enactment of this Act without regard to whether regu17 lations have been implemented to carry out such amend18 ments.
19
SEC. 212. INTERIM ASSISTANCE FOR CHILDREN.
20
(a) IN GENERAL.—Section 107(b)(1) of the Traf-
21 ficking Victims Protection Act of 2000 (22 U.S.C.
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22 7105(b)(1)) is amended—
23
(1) in subparagraph (E)(i)(I), by inserting ‘‘or
24
is unable to cooperate with such a request due to
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1
physical or psychological trauma’’ before the semi-
2
colon; and
3
(2) by adding at the end the following:
4
‘‘(F) ELIGIBILITY
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5
FOR INTERIM ASSIST-
ANCE OF CHILDREN.—
6
‘‘(i) DETERMINATION.—Upon receiv-
7
ing credible information that a child de-
8
scribed in subparagraph (C)(ii)(I) who is
9
seeking assistance under this paragraph
10
may have been subjected to a severe form
11
of trafficking in persons, the Secretary of
12
Health and Human Services shall promptly
13
determine if the child is eligible for interim
14
assistance under this paragraph. The Sec-
15
retary shall have exclusive authority to
16
make interim eligibility determinations
17
under this clause. A determination of in-
18
terim eligibility under this clause shall not
19
affect
20
whether a child is a victim of a severe form
21
of trafficking.
the
independent
determination
22
‘‘(ii) NOTIFICATION.—The Secretary
23
of Health and Human Services shall notify
24
the Attorney General and the Secretary of
25
Homeland Security not later than 24 hours
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1
after all interim eligibility determinations
2
have been made under clause (i).
3
‘‘(iii) DURATION.—Assistance under
4
this paragraph may be provided to individ-
5
uals determined to be eligible under clause
6
(i) for a period of up to 90 days and may
7
be extended for an additional 30 days.
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8
‘‘(iv) LONG-TERM
ASSISTANCE
9
CHILDREN.—
10
‘‘(I)
11
TION.—Before
12
period for interim assistance under
13
clause (iii), the Secretary of Health
14
and Human Services shall determine
15
if the child referred to in clause (i) is
16
eligible for assistance under this para-
17
graph.
ELIGIBILITY
DETERMINA-
the expiration of the
18
‘‘(II) CONSULTATION.—In mak-
19
ing a determination under subclause
20
(I), the Secretary shall consult with
21
the Attorney General, the Secretary of
22
Homeland Security, and nongovern-
23
mental organizations with expertise on
24
victims of severe form of trafficking.
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1
‘‘(III)
LETTER
OF
ELIGI-
2
BILITY.—If
3
ceiving information the Secretary be-
4
lieves, taken as a whole, indicates that
5
the child is eligible for assistance
6
under this paragraph, the Secretary
7
shall issue a letter of eligibility. The
8
Secretary may not require that the
9
child cooperate with law enforcement
10
as a condition for receiving such letter
11
of eligibility.
12
the Secretary, after re-
‘‘(G) NOTIFICATION
OF CHILDREN FOR IN-
13
TERIM ASSISTANCE.—Not
14
after a Federal, State, or local official discovers
15
that a person who is under 18 years of age may
16
be a victim of a severe form of trafficking in
17
persons, the official shall notify the Secretary of
18
Health and Human Services to facilitate the
19
provision of interim assistance under subpara-
20
graph (F).’’.
21
(b) TRAINING
OF
later than 24 hours
GOVERNMENT PERSONNEL.—Sec-
22 tion 107(c)(4) of the Trafficking Victims Protection Act
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23 of 2000 (22 U.S.C. 7105(c)(4)) is amended—
24
(1) by inserting ‘‘, the Department of Home-
25
land Security, the Department of Health and
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1
Human Services,’’ after ‘‘the Department of State’’;
2
and
3
(2) by inserting ‘‘, including juvenile victims.
4
The Attorney General and the Secretary of Health
5
and Human Services shall provide training to State
6
and local officials to improve the identification and
7
protection of such victims’’ before the period at the
8
end.
9
SEC. 213. ENSURING ASSISTANCE FOR ALL VICTIMS OF
10
TRAFFICKING IN PERSONS.
11
12
(a) AMENDMENTS
TECTION
13
ACT OF 2000.—
(1) ASSISTANCE
FOR UNITED STATES CITIZENS
14
AND
15
107 of the Trafficking Victims Protection Act of
16
2000 (22 U.S.C. 7105) is amended by inserting
17
after subsection (e) the following:
18
‘‘(f) ASSISTANCE
19
AND
LAWFUL
PERMANENT
FOR
RESIDENTS.—Section
UNITED STATES CITIZENS
LAWFUL PERMANENT RESIDENTS.—
20
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TRAFFICKING VICTIMS PRO-
TO
‘‘(1) IN
GENERAL.—The
Secretary of Health
21
and Human Services and the Attorney General, in
22
consultation with the Secretary of Labor, shall es-
23
tablish a program to assist United States citizens
24
and aliens lawfully admitted for permanent residence
25
(as defined in section 101(a)(20) of the Immigration
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1
and Nationality Act (8 U.S.C. 1101(a)(20))) who
2
are victims of severe forms of trafficking. In deter-
3
mining the assistance that would be most beneficial
4
for such victims, the Secretary and the Attorney
5
General shall consult with nongovernmental organi-
6
zations that provide services to victims of severe
7
forms of trafficking in the United States.
8
‘‘(2) USE
tion to specialized services required for victims de-
10
scribed in paragraph (1), the program established
11
pursuant to paragraph (1) shall—
12
‘‘(A) facilitate communication and coordi-
13
nation between the providers of assistance to
14
such victims;
‘‘(B) provide a means to identify such pro-
16
viders; and
17
‘‘(C) provide a means to make referrals to
18
programs for which such victims are already eli-
19
gible, including programs administered by the
20
Department of Justice and the Department of
21
Health and Human Services.
22
‘‘(3) GRANTS.—
23
‘‘(A) IN
GENERAL.—The
Secretary of
24
Health and Human Services and the Attorney
25
General may award grants to States, Indian
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addi-
9
15
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1
tribes, units of local government, and nonprofit,
2
nongovernmental victim service organizations to
3
develop, expand, and strengthen victim service
4
programs authorized under this subsection.
5
‘‘(B) MAXIMUM
SHARE.—The
6
Federal share of a grant awarded under this
7
paragraph may not exceed 75 percent of the
8
total costs of the projects described in the appli-
9
cation submitted by the grantee.’’.
10
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
11
Section 113 of the Trafficking Victims Protection
12
Act of 2000 (22 U.S.C. 7110) is amended—
13
(A) in subsection (b)—
14
(i) by striking ‘‘To carry out’’ and in-
15
serting the following:
16
17
‘‘(1) ELIGIBILITY
ANCE.—To
FOR BENEFITS AND ASSIST-
carry out’’; and
18
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FEDERAL
(ii) by adding at the end the fol-
19
lowing:
20
‘‘(2) ADDITIONAL
BENEFITS FOR TRAFFICKING
21
VICTIMS.—To
22
107(f), there are authorized to be appropriated to
23
the Secretary of Health and Human Services—
24
‘‘(A) $2,500,000 for fiscal year 2008;
25
‘‘(B) $5,000,0000 for fiscal year 2009;
carry out the purposes of section
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1
‘‘(C) $7,000,000 for fiscal year 2010; and
2
‘‘(D) $7,000,000 for fiscal year 2011.’’;
3
and
4
(B) in subsection (d)—
5
(i) by striking ‘‘To carry out the pur-
6
poses of section 107(b)’’ and inserting the
7
following:
8
‘‘(A) ELIGIBILITY
9
SISTANCE.—To
10
carry out the purposes of sec-
tion 107(b)’’;
11
(ii) by striking ‘‘To carry out the pur-
12
poses of section 134’’ and inserting the fol-
13
lowing:
14
‘‘(B) ASSISTANCE
15
TRIES.—To
16
134’’; and
17
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FOR BENEFITS AND AS-
TO
FOREIGN
carry out the purposes of section
(iii) by adding at the end the fol-
18
lowing:
19
‘‘(C) ADDITIONAL
BENEFITS FOR TRAF-
20
FICKING VICTIMS.—To
carry out the purposes
21
of section 107(f), there are authorized to be ap-
22
propriated to the Attorney General—
23
‘‘(i) $2,500,000 for fiscal year 2008;
24
‘‘(ii) $5,000,0000 for fiscal year 2009;
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1
‘‘(iii) $7,000,000 for fiscal year 2010;
2
and
3
‘‘(iv)
4
for
fiscal
(3)
TECHNICAL
ASSISTANCE.—Section
6
107(b)(2)(B)(ii) of the Trafficking Victims Protec-
7
tion Act of 2000 (22 U.S.C. 7105(b)(2)(B)(ii)) is
8
amended to read as follows:
9
‘‘(ii) 5 percent for training and tech-
10
nical assistance, including increasing ca-
11
pacity and expertise on security for and
12
protection of service providers from intimi-
13
dation or retaliation for their activities.’’.
14
(b) STUDY.—
15
(1) REQUIREMENT.—Not later than 1 year
16
after the date of the enactment of this Act, the At-
17
torney General and the Secretary of Health and
18
Human Services shall submit a report to the appro-
19
priate congressional committees that identifies the
20
existence and extent of any service gap between vic-
21
tims described in section 107(b)(1) of the Traf-
22
ficking Victims Protection Act of 2000 (22 U.S.C.
23
7105) and individuals described in section 107(f) of
24
such Act, as amended by section 213(a) of this Act.
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year
2011.’’.
5
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1
(2) ELEMENTS.—In carrying out the study
2
under subparagraph (1), the Attorney General and
3
the Secretary of Health and Human Services shall—
4
(A) investigate factors relating to the legal
5
ability of the victims described in paragraph (1)
6
to access government-funded social services in
7
general, including the application of the Per-
8
sonal Responsibility and Work Opportunity
9
Reconciliation
of
1996
(8
1641(c)(5)) and the Illegal Immigration and
11
Immigrant Responsibility Act of 1996 (division
12
C of Public Law 104–208; 110 Stat. 3009 et
13
seq.);
14
(B) investigate any other impediments to
15
the access of the victims described in paragraph
16
(1) to government-funded social services;
17
(C) investigate any impediments to the ac-
18
cess of the victims described in paragraph (1)
19
to government-funded services targeted to vic-
20
tims of severe forms of trafficking;
(D) investigate the effect of trafficking
22
service-provider
23
continuity of care, and availability of case-
24
workers on the eventual restoration and reha-
infrastructure
development,
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U.S.C.
10
21
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1
bilitation of the victims described in paragraph
2
(1); and
3
(E) include findings, best practices, and
4
recommendations, if any, based on the study of
5
the elements described in subparagraphs (A)
6
through (D) and any other related information.
8
Subtitle C—Penalties Against
Traffickers and Other Crimes
9
SEC. 221. RESTITUTION OF FORFEITED ASSETS; ENHANCE-
7
10
MENT OF CIVIL ACTION.
11
Chapter 77 of title 18, United States Code, is amend-
12 ed—
13
(1) in section 1593(b), by adding at the end the
14
following:
15
‘‘(4) The forfeiture of property under this subsection
16 shall be governed by the provisions of section 413 (other
17 than subsection (d) of such section) of the Controlled Sub18 stances Act (21 U.S.C. 853).’’; and
19
(2) in section 1595—
20
(A) in subsection (a)—
21
(i) by striking ‘‘of section 1589, 1590,
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22
or 1591’’; and
23
(ii) by inserting ‘‘(or whoever know-
24
ingly benefits, financially or by receiving
25
anything of value from participation in a
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1
venture which that person knew or should
2
have known has engaged in an act in viola-
3
tion of this chapter)’’ after ‘‘perpetrator’’;
4
and
5
(B) by adding at the end the following:
6
‘‘(c) No action may be maintained under this section
7 unless it is commenced not later than 10 years after the
8 cause of action arose.’’.
9
SEC. 222. ENHANCING PENALTIES FOR TRAFFICKING OF-
10
11
FENSES.
(a) DETENTION.—Section 3142(e) of title 18, United
12 States Code, is amended—
13
(1) by redesignating paragraphs (1), (2), and
14
(3) as subparagraphs (A), (B), and (C), respectively;
15
(2) by inserting ‘‘(1)’’ before ‘‘If, after a hear-
16
ing’’;
17
(3) by inserting ‘‘(2)’’ before ‘‘In a case’’;
18
(4) by inserting ‘‘(3)’’ before ‘‘Subject to rebut-
19
tal’’;
20
(5) by striking ‘‘paragraph (1) of this sub-
21
section’’ each place it appears and inserting ‘‘sub-
22
paragraph (A)’’;
23
(6) in paragraph (3), as redesignated—
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24
(A) by striking ‘‘committed an offense’’
25
and inserting the following: ‘‘committed—
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1
‘‘(A) an offense’’;
2
(B) by striking ‘‘46, an offense’’ and in-
3
serting the following: ‘‘46;
4
‘‘(B) an offense’’;
5
(C) by striking ‘‘title, or an offense’’ and
6
inserting the following: ‘‘title;
7
‘‘(C) an offense’’; and
8
(D) by striking ‘‘prescribed or an offense’’
9
and inserting the following: ‘‘prescribed;
10
‘‘(D) an offense under chapter 77 of this title
11
for which a maximum term of imprisonment of 20
12
years or more is prescribed; or
13
14
‘‘(E) an offense’’.
(b) PREVENTING OBSTRUCTION.—
15
(1)
ENTICEMENT
INTO
SLAVERY.—Section
16
1583 of title 18, United States Code, is amended to
17
read as follows:
18 ‘‘§ 1583. Enticement into slavery
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19
‘‘(a) Whoever—
20
‘‘(1) kidnaps or carries away any other person,
21
with the intent that such other person be sold into
22
involuntary servitude, or held as a slave;
23
‘‘(2) entices, persuades, or induces any other
24
person to go on board any vessel or to any other
25
place with the intent that he or she may be made
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1
or held as a slave, or sent out of the country to be
2
so made or held; or
3
‘‘(3) obstructs, or attempts to obstruct, or in
4
any way interferes with or prevents the enforcement
5
of this section,
6 shall be fined under this title, imprisoned not more than
7 20 years, or both.
8
‘‘(b) Whoever violates this section shall be fined
9 under this title, imprisoned for any term of years or for
10 life, or both if—
11
12
‘‘(1) the violation results in the death of the
victim; or
13
‘‘(2) the violation includes kidnaping, an at-
14
tempt to kidnap, aggravated sexual abuse, an at-
15
tempt to commit aggravated sexual abuse, or an at-
16
tempt to kill.’’.
17
(2) SALE
18
Section 1584 of such title is amended—
19
(A) by striking ‘‘Whoever’’ and inserting
20
21
the following:
‘‘(a) Whoever’’; and
22
23
INTO INVOLUNTARY SERVITUDE.—
(B) by adding at the end the following:
‘‘(b) Whoever obstructs, attempts to obstruct, or in
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1 this section, shall be subject to the penalties described in
2 subsection (a).’’.
3
(3) PUNISHING
FINANCIAL GAIN FROM TRAF-
4
FICKED
5
amended to read as follows:
6
LABOR.—Section
1589 of such title is
‘‘SEC. 1589. FORCED LABOR.
7
‘‘(a) Whoever knowingly provides or obtains the labor
8 or services of a person by any one of, or by any combina9 tion of, the following means—
10
‘‘(1) by means of force, threats of force, phys-
11
ical restraint, or threats of physical restraint to that
12
person or another person;
13
14
‘‘(2) by means of serious harm or threats of serious harm to that person or another person;
15
16
‘‘(3) by means of the abuse or threatened abuse
of law or legal process; or
17
‘‘(4) by means of any scheme, plan, or pattern
18
intended to cause the person to believe that, if that
19
person did not perform such labor or services, that
20
person or another person would suffer serious harm
21
or physical restraint,
22 shall be punished as provided under subsection (d).
23
‘‘(b) Whoever knowingly benefits, financially or by re-
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24 ceiving anything of value, from participation in a venture
25 which has engaged in the providing or obtaining of labor
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1 or services by any of the means described in subsection
2 (a), knowing or in reckless disregard of the fact that the
3 venture has engaged in the providing or obtaining of labor
4 or services by any of such means, shall be punished as
5 provided in subsection (d).
6
‘‘(c) In this section:
7
‘‘(1) The term ‘abuse or threatened abuse of
8
law or legal process’ means the use or threatened
9
use of a law or legal process, whether administrative,
10
civil, or criminal, in any manner or for any purpose
11
for which the law was not designed, in order to exert
12
pressure on another person to cause that person to
13
take some action or refrain from taking some action.
14
‘‘(2) The term ‘serious harm’ means any harm,
15
whether physical or nonphysical, including psycho-
16
logical, financial, or reputational harm, that is suffi-
17
ciently serious, under all the surrounding cir-
18
cumstances, to compel a reasonable person of the
19
same background and in the same circumstances to
20
perform or to continue performing labor or services
21
in order to avoid incurring that harm.
22
‘‘(d) Whoever violates this section shall be fined
23 under this title, imprisoned not more than 20 years, or
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24 both. If death results from a violation of this section, or
25 if the violation includes kidnaping, an attempt to kidnap,
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1 aggravated sexual abuse, or an attempt to kill, the defend2 ant shall be fined under this title, imprisoned for any term
3 of years or life, or both.’’.
4
5
(4) TRAFFICKING.—Section 1590 of such title
is amended—
6
(A) by striking ‘‘Whoever’’ and inserting
7
8
the following:
‘‘(a) Whoever’’; and
9
10
(B) by adding at the end the following:
‘‘(b) Whoever obstructs, attempts to obstruct, or in
11 any way interferes with or prevents the enforcement of
12 this section, shall be subject to the penalties under sub13 section (a).’’.
14
15
(5) SEX
1591 of such title is amended—
16
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TRAFFICKING OF CHILDREN.—Section
(A) in subsection (a)—
17
(i) in paragraph (1), by striking ‘‘or
18
obtains’’ and inserting ‘‘obtains, or main-
19
tains’’; and
20
(ii) in the matter following paragraph
21
(2), by striking ‘‘that force, fraud, or coer-
22
cion described in subsection (c)(2)’’ and in-
23
serting ‘‘, or in reckless disregard of the
24
fact, that means of force, threats of force,
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1
fraud, coercion described in subsection
2
(e)(2), or any combination of such means’’;
3
(B) by redesignating subsection (c) as sub-
4
section (e);
5
(C) in subsection (b)(1), by striking ‘‘force,
6
fraud, or coercion’’ and inserting ‘‘means of
7
force, threats of force, fraud, or coercion de-
8
scribed in subsection (e)(2), or by any combina-
9
tion of such means,’’;
10
(D) by inserting after subsection (b) the
11
12
following:
‘‘(c) In a prosecution under subsection (a)(1) in
13 which the defendant had a reasonable opportunity to ob14 serve the person so recruited, enticed, harbored, trans15 ported, provided, obtained or maintained, the Government
16 need not prove that the defendant knew that the person
17 had not attained the age of 18 years.
18
‘‘(d) Whoever obstructs, attempts to obstruct, or in
19 any way interferes with or prevents the enforcement of
20 this section, shall be fined under this title, imprisoned for
21 a term not to exceed 20 years, or both.’’;
22
(E) in subsection (e), as redesignated—
23
(i) by redesignating paragraph (3) as
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24
paragraph (5);
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1
(ii) by redesignating paragraph (1) as
2
paragraph (3);
3
(iii) by inserting before paragraph (2)
4
the following:
5
‘‘(1) The term ‘abuse or threatened abuse of
6
law or legal process’ means the use or threatened
7
use of a law or legal process, whether administrative,
8
civil, or criminal, in any manner or for any purpose
9
for which the law was not designed, in order to exert
10
pressure on another person to cause that person to
11
take some action or refrain from taking some ac-
12
tion.’’; and
13
(iv) by inserting after paragraph (3),
14
as redesignated, the following:
15
‘‘(4) The term ‘serious harm’ means any harm,
16
whether physical or nonphysical, including psycho-
17
logical, financial, or reputational harm, that is suffi-
18
ciently serious, under all the surrounding cir-
19
cumstances, to compel a reasonable person of the
20
same background and in the same circumstances to
21
perform or to continue performing commercial sex-
22
ual activity in order to avoid incurring that harm.’’.
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23
(6) UNLAWFUL
CONDUCT.—Section
24
such title is amended by adding at the end the fol-
25
lowing:
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1
‘‘(c) Whoever obstructs, attempts to obstruct, or in
2 any way interferes with or prevents the enforcement of
3 this section, shall be subject to the penalties described in
4 subsection (a).’’.
5
(c) HOLDING CONSPIRATORS ACCOUNTABLE.—Sec-
6 tion 1594 of title 18, United States Code, is amended—
7
(1) by redesignating subsections (b), (c), and
8
(d) as subsections (d), (e), and (f), respectively; and
9
(2) by inserting after subsection (a) the fol-
10
lowing:
11
‘‘(b) Whoever conspires with another to violate sec-
12 tion 1581, 1583, 1589, 1590, or 1592 shall be punished
13 in the same manner as a completed violation of such sec14 tion.
15
‘‘(c) Whoever conspires with another to violate sec-
16 tion 1591 shall be fined under this title, imprisoned for
17 any term of years or for life, or both.’’.
18
(d) BENEFITTING FINANCIALLY FROM PEONAGE,
19 SLAVERY, AND TRAFFICKING IN PERSONS.—
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20
(1) IN
GENERAL.—Chapter
77 of title 18,
21
United States Code, is amended by inserting after
22
section 1593 the following:
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1 ‘‘§ 1593A. Benefitting financially from peonage, slav2
ery, and trafficking in persons
3
‘‘Whoever knowingly benefits, financially or by receiv-
4 ing anything of value, from participation in a venture
5 which has engaged in any act in violation of section
6 1581(a), 1592, or 1595(a), knowing or in reckless dis7 regard of the fact that the venture has engaged in such
8 violation, shall be fined under this title or imprisoned in
9 the same manner as a completed violation of such sec10 tion.’’.
11
(2) CLERICAL
AMENDMENT.—The
table of sec-
12
tions at the beginning of such chapter is amended
13
by inserting after the item relating to section 1593
14
the following:
‘‘Sec. 1593A. Benefitting financially from peonage, slavery, and trafficking in
persons.’’.
15
16
(e)
RETALIATION
TRACTING.—Chapter
IN
FOREIGN
LABOR
CON-
63 of title 18, United States Code,
17 is amended—
18
(1) in the chapter heading, by adding at the
19
end the following: ‘‘AND OTHER FRAUD OF-
20
FENSES’’;
21
(2) by adding at the end the following:
22 ‘‘§ 1351. Fraud in foreign labor contracting
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23
‘‘Whoever knowingly and with intent to defraud re-
24 cruits, solicits or hires a person outside the United States
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74
1 for purposes of employment in the United States by means
2 of materially false or fraudulent pretenses, representations
3 or promises regarding that employment shall be fined
4 under this title or imprisoned for not more than 5 years,
5 or both.’’; and
6
(3) in the table of sections, by inserting after
7
the item relating to section 1350 the following:
‘‘1351. Fraud in foreign labor contracting.’’.
8
(f) TIGHTENING IMMIGRATION PROHIBITIONS.—
9
(1) GROUND
10
FICKING.—Section
11
tion
12
1182(a)(2)(H)(i)) is amended by striking ‘‘who is
13
listed in a report submitted pursuant to section
14
111(b) of the Trafficking Victims Protection Act of
15
2000’’ and inserting ‘‘who commits or conspires to
16
commit human trafficking offenses in the United
17
States or outside the United States’’.
18
and
(2)
212(a)(2)(H)(i) of the Immigra-
Nationality
GROUND
OF
Act
(8
U.S.C.
REMOVABILITY.—Section
19
237(a)(2) of such Act (8 U.S.C. 1227(a)(2)) is
20
amended by adding at the end the following:
21
‘‘(F) TRAFFICKING.—Any alien described
22
23
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OF INADMISSIBILITY FOR TRAF-
in section 212(a)(2)(H) is deportable.’’.
(g) AMENDMENT
TO
SENTENCING GUIDELINES.—
24 Pursuant to its authority under section 994 of title 28,
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1 mission shall review and, if appropriate, amend the sen2 tencing guidelines and policy statements applicable to per3 sons convicted of alien harboring to ensure conformity
4 with the sentencing guidelines applicable to persons con5 victed of promoting a commercial sex act if—
6
(1) the harboring was committed in furtherance
7
of prostitution; and
8
(2) the defendant to be sentenced is an orga-
9
nizer, leader, manager, or supervisor of the criminal
10
11
activity.
SEC. 223. JURISDICTION IN CERTAIN TRAFFICKING OF-
12
13
FENSES.
(a) IN GENERAL.—Chapter 77 of title 18, United
14 States Code, is amended by adding at the end the fol15 lowing:
16 ‘‘§ 1596. Additional jurisdiction in certain trafficking
17
18
offenses
‘‘(a) IN GENERAL.—In addition to any domestic or
19 extra-territorial jurisdiction otherwise provided by law, the
20 courts of the United States have extra-territorial jurisdic21 tion over any offense (or any attempt or conspiracy to
22 commit an offense) under section 1581, 1583, 1584, 1589,
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23 1590, or 1591 if—
24
‘‘(1) an alleged offender is a national of the
25
United States or an alien lawfully admitted for per-
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1
manent residence (as those terms are defined in sec-
2
tion 101 of the Immigration and Nationality Act (8
3
U.S.C. 1101)); or
4
‘‘(2) an alleged offender is present in the
5
United States, irrespective of the nationality of the
6
alleged offender.
7
‘‘(b) LIMITATION
8 PROSECUTED
IN
ON
PROSECUTIONS
OF
OFFENSES
OTHER COUNTRIES.—No prosecution
9 may be commenced against a person under this section
10 if a foreign government, in accordance with jurisdiction
11 recognized by the United States, has prosecuted or is pros12 ecuting such person for the conduct constituting such of13 fense, except upon the approval of the Attorney General
14 or the Deputy Attorney General (or a person acting in
15 either such capacity), which function of approval may not
16 be delegated.’’.
17
(b) CLERICAL AMENDMENT.—The table of sections
18 at the beginning of chapter 77 of title 18, United States
19 Code, is amended by adding at the end the following:
‘‘1596. Additional jurisdiction in certain trafficking offenses.’’.
20
SEC. 224. BAIL CONDITIONS, SUBPOENAS, AND REPEAT OF-
21
22
FENDER PENALTIES FOR SEX TRAFFICKING.
(a)
RELEASE
AND
DETENTION.—Subsections
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23 (f)(1)(A) and (g)(1) of section 3142 of title 18, United
24 States Code, are amended by striking ‘‘violence,’’ each
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1 place such term appears and inserting ‘‘violence, a viola2 tion of section 1591,’’.
3
(b) SUBPOENAS.—Section 3486(a)(1)(D) of title 18,
4 United States Code, is amended by inserting ‘‘1591,’’
5 after ‘‘1201,’’.
6
(c) REPEAT OFFENDERS.—Section 2426(b)(1)(A) of
7 title 18, United States Code, is amended, by striking ‘‘or
8 chapter 110’’ and inserting ‘‘chapter 110, or section
9 1591’’.
10
SEC. 225. PROMOTING EFFECTIVE STATE ENFORCEMENT.
11
(a) RELATIONSHIP AMONG FEDERAL
AND
STATE
12 LAW.—Nothing in this Act, the Trafficking Victims Pro13 tection Act of 2000, the Trafficking Victims Protection
14 Reauthorization Act of 2003, the Trafficking Victims Pro15 tection Reauthorization Act of 2005, chapters 77 and 117
16 of title 18, United States Code, or any model law issued
17 by the Department of Justice to carry out the purposes
18 of any of the aforementioned statutes—
19
20
(1) may be construed to treat prostitution as a
valid form of employment under Federal law; or
21
(2) shall preempt, supplant, or limit the effect
22
of any State or Federal criminal law.
23
(b) MODEL STATE CRIMINAL PROVISIONS.—In addi-
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24 tion to any model State antitrafficking statutes in effect
25 on the date of the enactment of this Act, the Attorney
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1 General shall facilitate the promulgation of a model State
2 statute that—
3
(1) furthers a comprehensive approach to inves-
4
tigation and prosecution through modernization of
5
State and local prostitution and pandering statutes;
6
and
7
(2) is based in part on the provisions of the Act
8
of August 15, 1935 (49 Stat. 651; D.C. Code 22–
9
2701 et seq.) (relating to prostitution and pan-
10
dering).
11
(c) DISTRIBUTION.—The model statute described in
12 subsection (b) and the text of chapter 27 of the Criminal
13 Code of the District of Columbia (D.C. Code 22–2701 et
14 seq.) shall be—
15
(1) posted on the website of the Department of
16
Justice; and
17
(2) distributed to the Attorney General of each
18
State.
20
Subtitle D—Activities of the United
States Government
21
SEC. 231. ANNUAL REPORT BY THE ATTORNEY GENERAL.
19
22
Section 105(d)(7) of the Trafficking Victims Protec-
23 tion Act of 2000 (22 U.S.C. 7103(d)(7)) is amended—
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24
(1) in subparagraph (A)—
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1
(A) by striking ‘‘section 107(b)’’ and in-
2
serting ‘‘subsections (b) and (f) of section 107’’;
3
and
4
(B) by inserting ‘‘the Attorney General,’’
5
after ‘‘the Secretary of Labor,’’;
6
(2) in subparagraph (G), by striking ‘‘and’’ at
7
the end;
8
9
(3) by redesignating subparagraph (H) as subparagraph (J); and
10
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11
(4) by inserting after subparagraph (G) the following:
12
‘‘(H) activities by the Department of De-
13
fense to combat trafficking in persons, includ-
14
ing—
15
‘‘(i) educational efforts for, and dis-
16
ciplinary actions taken against, members
17
of the United States Armed Forces;
18
‘‘(ii) the development of materials
19
used to train the armed forces of foreign
20
countries; and
21
‘‘(iii) efforts to ensure that United
22
States Government contractors and their
23
employees or United States Government
24
subcontractors and their employees do not
25
engage in trafficking in persons;
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1
‘‘(I) activities or actions by Federal depart-
2
ments and agencies to enforce—
3
‘‘(i) section 106(g) and any similar
4
law, regulation, or policy relating to United
5
States Government contractors and their
6
employees or United States Government
7
subcontractors and their employees that
8
engage in severe forms of trafficking in
9
persons, the procurement of commercial
10
sex acts, or the use of forced labor, includ-
11
ing debt bondage;
12
‘‘(ii) section 307 of the Tariff Act of
13
1930 (19 U.S.C. 1307; relating to prohibi-
14
tion
15
goods), including any determinations by
16
the Secretary of Homeland Security to
17
waive the restrictions of such section; and
18
‘‘(iii) prohibitions on the procurement
19
by the United States Government of items
20
or services produced by slave labor, con-
21
sistent with Executive Order 13107 (De-
22
cember 10, 1998); and’’.
23
importation
of
convict-made
SEC. 232. INVESTIGATION BY THE INSPECTORS GENERAL.
24
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on
(a) IN GENERAL.—For each of the fiscal years 2010
25 through 2012, the Inspectors General of the Department
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81
1 of Defense, the Department of State, and the United
2 States Agency for International Development shall inves3 tigate a sample of the contracts described in subsection
4 (b).
5
(b) CONTRACTS DESCRIBED.—
6
(1) IN
contracts described in
7
subsection (a) are contracts, or subcontracts at any
8
tier, under which there is a heightened risk that a
9
contractor may engage, knowingly or unknowingly,
10
in acts related to trafficking in persons, such as—
11
(A) confiscation of an employee’s passport;
12
(B) restriction on an employee’s mobility;
13
(C) abrupt or evasive repatriation of an
14
employee;
15
(D) deception of an employee regarding
16
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GENERAL.—The
the work destination; or
17
(E) acts otherwise described in section
18
106(g) of the Trafficking Victims Protection
19
Act of 2000 (22 U.S.C. 7104).
20
(2) CONSULTATION
AND
INFORMATION
21
CEIVED.—In
22
should be investigated pursuant to subsection (a),
23
the Inspectors General shall—
determining the type of contact that
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1
(A) consult with the Director of the Office
2
to Combat Trafficking in Persons of the De-
3
partment of State; and
4
(B) take into account any credible infor-
5
mation received regarding report of trafficking
6
in persons.
7
(c) CONGRESSIONAL NOTIFICATION.—
8
(1) IN
later than January 15,
9
2009, and annually thereafter through January 15,
10
2011, each Inspector General shall submit a report
11
to the congressional committees listed in paragraph
12
(3)—
13
(A) summarizing the findings of the inves-
14
tigations conducted in the previous year, includ-
15
ing any findings regarding trafficking in per-
16
sons or any improvements needed to prevent
17
trafficking in persons; and
18
(B) in the case of any contractor or sub-
19
contractor with regard to which the Inspector
20
General has found substantial evidence of traf-
21
ficking in persons, report as to—
22
(i) whether or not the case has been
23
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GENERAL.—Not
referred for prosecution; and
24
(ii) whether or not the case has been
25
treated in accordance with section 106(g)
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1
of the Trafficking Victims Protection Act
2
of 2000 (22 U.S.C. 7104) (relating to ter-
3
mination of certain grants, contracts and
4
cooperative agreements).
5
(2) JOINT
REPORT.—The
Inspectors General
6
described in subsection (a) may submit their reports
7
jointly.
8
(3) CONGRESSIONAL
9
com-
mittees list in this paragraph are—
10
(A) the Committee on Armed Services of
11
the Senate;
12
(B) the Committee on Foreign Relations of
13
the Senate;
14
(C) the Committee on Armed Services of
15
the House of Representatives; and
16
(D) the Committee on Foreign Affairs of
17
18
COMMITTEES.—The
the House of Representatives.
SEC. 233. SENIOR POLICY OPERATING GROUP.
19
Section 206 of the Trafficking Victims Protection Re-
20 authorization Act of 2005 (42 U.S.C. 14044d) is amended
21 by striking ‘‘, as the department or agency determines ap-
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22 propriate,’’.
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1
SEC. 234. PREVENTING UNITED STATES TRAVEL BY TRAF-
2
FICKERS.
3
Section 212(a)(2)(H)(i) of the Immigration and Na-
4 tionality Act (8 U.S.C. 1182(a)(2)(H)(i)) is amended by
5 striking ‘‘consular officer’’ and inserting ‘‘consular officer,
6 the Secretary of Homeland Security, the Secretary of
7 State,’’.
8
SEC. 235. ENHANCING EFFORTS TO COMBAT THE TRAF-
9
FICKING OF CHILDREN.
10
11
(a) COMBATING CHILD TRAFFICKING
DER AND
12
PORTS
ENTRY
(1) POLICIES
OF THE
UNITED STATES.—
AND PROCEDURES.—In
order to
enhance the efforts of the United States to prevent
14
trafficking in persons, the Secretary of Homeland
15
Security, in conjunction with the Secretary of State,
16
the Attorney General, and the Secretary of Health
17
and Human Services, shall develop policies and pro-
18
cedures to ensure that unaccompanied alien children
19
in the United States are safely repatriated to their
20
country of nationality or of last habitual residence.
22
(2) SPECIAL
RULES FOR CHILDREN FROM CON-
TIGUOUS COUNTRIES.—
23
(A)
DETERMINATIONS.—Any
unaccom-
24
panied alien child who is a national or habitual
25
resident of a country that is contiguous with
26
the United States shall be treated in accordance
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13
21
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AT THE
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85
1
with subparagraph (B), if the Secretary of
2
Homeland Security determines, on a case-by-
3
case basis, that—
4
(i) such child has not been a victim of
5
a severe form of trafficking in persons, and
6
there is no credible evidence that such
7
child is at risk of being trafficked upon re-
8
turn to the child’s country of nationality or
9
of last habitual residence;
10
(ii) such child does not have a fear of
11
returning to the child’s country of nation-
12
ality or of last habitual residence owing to
13
a credible fear of persecution; and
14
(iii) the child is able to make an inde-
15
pendent decision to withdraw the child’s
16
application for admission to the United
17
States.
18
(B) RETURN.—An immigration officer who
19
finds an unaccompanied alien child described in
20
subparagraph (A) at a land border or port of
21
entry of the United States and determines that
22
such child is inadmissible under the Immigra-
23
tion and Nationality Act (8 U.S.C. 1101 et
24
seq.) may—
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86
1
(i) permit such child to withdraw the
2
child’s application for admission pursuant
3
to section 235(a)(4) of the Immigration
4
and Nationality Act (8 U.S.C. 1225(a)(4));
5
and
6
(ii) return such child to the child’s
7
country of nationality or country of last
8
habitual residence.
9
(C)
CONTIGUOUS
COUNTRY
10
MENTS.—The
11
agreements between the United States and
12
countries contiguous to the United States with
13
respect to the repatriation of children. Such
14
agreements shall be designed to protect children
15
from severe forms of trafficking in persons, and
16
shall, at a minimum, provide that—
Secretary of State shall negotiate
17
(i) no child shall be returned to the
18
child’s country of nationality or of last ha-
19
bitual residence unless returned to appro-
20
priate employees or officials, including
21
child welfare officials where available, of
22
the accepting country’s government;
23
(ii) no child shall be returned to the
24
child’s country of nationality or of last ha-
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1
bitual residence outside of reasonable busi-
2
ness hours; and
3
(iii) border personnel of the countries
4
that are parties to such agreements are
5
trained in the terms of such agreements.
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6
(3) RULE
FOR OTHER CHILDREN.—The
7
of unaccompanied alien children not described in
8
paragraph (2)(A) who are apprehended at the bor-
9
der of the United States or at a United States port
10
of entry shall be treated in accordance with sub-
11
section (b).
12
(4) SCREENING.—Within 48 hours of the ap-
13
prehension of a child who is believed to be described
14
in paragraph (2)(A), but in any event prior to re-
15
turning such child to the child’s country of nation-
16
ality or of last habitual residence, the child shall be
17
screened to determine whether the child meets the
18
criteria listed in paragraph (2)(A). If the child does
19
not meet such criteria, or if no determination can be
20
made within 48 hours of apprehension, the child
21
shall immediately be transferred to the Secretary of
22
Health and Human Services and treated in accord-
23
ance with subsection (b). Nothing in this paragraph
24
may be construed to preclude an earlier transfer of
25
the child.
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1
2
(5) ENSURING
CHILDREN.—
3
(A) REPATRIATION
PILOT PROGRAM.—To
4
protect children from trafficking and exploi-
5
tation, the Secretary of State shall create a
6
pilot program, in conjunction with the Secretary
7
of Health and Human Services and the Sec-
8
retary of Homeland Security, nongovernmental
9
organizations, and other national and inter-
10
national agencies and experts, to develop and
11
implement best practices to ensure the safe and
12
sustainable repatriation and reintegration of
13
unaccompanied alien children into their country
14
of nationality or of last habitual residence, in-
15
cluding placement with their families, legal
16
guardians, or other sponsoring agencies.
17
(B) ASSESSMENT
OF
COUNTRY
TIONS.—The
19
shall consult the Department of State’s Country
20
Reports on Human Rights Practices and the
21
Trafficking in Persons Report in assessing
22
whether to repatriate an unaccompanied alien
23
child to a particular country.
Secretary of Homeland Security
(C) REPORT
25
ON REPATRIATION OF UNAC-
COMPANIED ALIEN CHILDREN.—Not
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CONDI-
18
24
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later than
89
1
18 months after the date of the enactment of
2
this Act, and annually thereafter, the Secretary
3
of State and the Secretary of Health and
4
Human Services, with assistance from the Sec-
5
retary of Homeland Security, shall submit a re-
6
port to the Committee on the Judiciary of the
7
Senate and the Committee on the Judiciary of
8
the House of Representatives on efforts to im-
9
prove repatriation programs for unaccompanied
10
alien children. Such report shall include—
11
(i) the number of unaccompanied
12
alien children ordered removed and the
13
number of such children actually removed
14
from the United States;
15
(ii) a statement of the nationalities,
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16
ages, and gender of such children;
17
(iii) a description of the policies and
18
procedures used to effect the removal of
19
such children from the United States and
20
the steps taken to ensure that such chil-
21
dren were safely and humanely repatriated
22
to their country of nationality or of last
23
habitual residence, including a description
24
of the repatriation pilot program created
25
pursuant to subparagraph (A);
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1
(iv) a description of the type of immi-
2
gration relief sought and denied to such
3
children;
4
(v) any information gathered in as-
5
sessments of country and local conditions
6
pursuant to paragraph (2); and
7
(vi) statistical information and other
8
data on unaccompanied alien children as
9
provided for in section 462(b)(1)(J) of the
10
Homeland Security Act of 2002 (6 U.S.C.
11
279(b)(1)(J)).
12
(D)
PLACEMENT
IN
REMOVAL
13
CEEDINGS.—Any
14
sought to be removed by the Department of
15
Homeland Security, except for an unaccom-
16
panied alien child from a contiguous country
17
subject to exceptions under subsection (a)(2),
18
shall be—
unaccompanied alien child
19
(i) placed in removal proceedings
20
under section 240 of the Immigration and
21
Nationality Act (8 U.S.C. 1229a);
22
(ii) eligible for relief under section
23
240B of such Act (8 U.S.C. 1229c) at no
24
cost to the child; and
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1
(iii) provided access to counsel in ac-
2
cordance with subsection (c)(5).
3
4
(b) COMBATING CHILD TRAFFICKING
TATION IN THE
5
AND CUSTODY OF UNACCOMPANIED
6
ALIEN CHILDREN.—Consistent
7
the Homeland Security Act of 2002 (6 U.S.C. 279),
8
and except as otherwise provided under subsection
9
(a), the care and custody of all unaccompanied alien
10
children, including responsibility for their detention,
11
where appropriate, shall be the responsibility of the
12
Secretary of Health and Human Services.
with section 462 of
13
(2) NOTIFICATION.—Each department or agen-
14
cy of the Federal Government shall notify the De-
15
partment of Health and Human services within 48
16
hours upon—
(A) the apprehension or discovery of an
18
unaccompanied alien child; or
19
(B) any claim or suspicion that an alien in
20
the custody of such department or agency is
21
under 18 years of age.
22
(3) TRANSFERS
OF
UNACCOMPANIED
ALIEN
23
CHILDREN.—Except
24
cumstances, any department or agency of the Fed-
25
eral Government that has an unaccompanied alien
in the case of exceptional cir-
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EXPLOI-
UNITED STATES.—
(1) CARE
17
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1
child in custody shall transfer the custody of such
2
child to the Secretary of Health and Human Serv-
3
ices not later than 72 hours after determining that
4
such child is an unaccompanied alien child.
5
(4) AGE
DETERMINATIONS.—The
Secretary of
6
Health and Human Services, in consultation with
7
the Secretary of Homeland Security, shall develop
8
procedures to make a prompt determination of the
9
age of an alien, which shall be used by the Secretary
10
of Homeland Security and the Secretary of Health
11
and Human Services for children in their respective
12
custody. At a minimum, these procedures shall take
13
into account multiple forms of evidence, including
14
the non-exclusive use of radiographs, to determine
15
the age of the unaccompanied alien.
16
(c) PROVIDING SAFE AND SECURE PLACEMENTS FOR
17 CHILDREN.—
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18
(1) POLICIES
AND PROGRAMS.—The
19
of Health and Human Services, Secretary of Home-
20
land Security, Attorney General, and Secretary of
21
State shall establish policies and programs to ensure
22
that unaccompanied alien children in the United
23
States are protected from traffickers and other per-
24
sons seeking to victimize or otherwise engage such
25
children in criminal, harmful, or exploitative activity,
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1
including policies and programs reflecting best prac-
2
tices in witness security programs.
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3
(2) SAFE
AND SECURE PLACEMENTS.—Subject
4
to section 462(b)(2) of the Homeland Security Act
5
of 2002 (6 U.S.C. 279(b)(2)), an unaccompanied
6
alien child in the custody of the Secretary of Health
7
and Human Services shall be promptly placed in the
8
least restrictive setting that is in the best interest of
9
the child. In making such placements, the Secretary
10
may consider danger to self, danger to the commu-
11
nity, and risk of flight. Placement of child traf-
12
ficking victims may include placement in an Unac-
13
companied Refugee Minor program, pursuant to sec-
14
tion 412(d) of the Immigration and Nationality Act
15
(8 U.S.C. 1522(d)), if a suitable family member is
16
not available to provide care. A child shall not be
17
placed in a secure facility absent a determination
18
that the child poses a danger to self or others or has
19
been charged with having committed a criminal of-
20
fense. The placement of a child in a secure facility
21
shall be reviewed, at a minimum, on a monthly
22
basis, in accordance with procedures prescribed by
23
the Secretary, to determine if such placement re-
24
mains warranted.
25
(3) SAFETY
AND SUITABILITY ASSESSMENTS.—
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1
(A) IN
to the require-
2
ments of subparagraph (B), an unaccompanied
3
alien child may not be placed with a person or
4
entity unless the Secretary of Health and
5
Human Services makes a determination that
6
the proposed custodian is capable of providing
7
for the child’s physical and mental well-being.
8
Such determination shall, at a minimum, in-
9
clude verification of the custodian’s identity and
10
relationship to the child, if any, as well as an
11
independent finding that the individual has not
12
engaged in any activity that would indicate a
13
potential risk to the child.
14
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GENERAL.—Subject
(B) HOME
STUDIES.—Before
placing the
15
child with an individual, the Secretary of
16
Health and Human Services shall determine
17
whether a home study is first necessary. A
18
home study shall be conducted for a child who
19
is a victim of a severe form of trafficking in
20
persons, a special needs child with a disability
21
(as defined in section 3 of the Americans with
22
Disabilities Act of 1990 (42 U.S.C. 12102(2))),
23
a child who has been a victim of physical or
24
sexual abuse under circumstances that indicate
25
that the child’s health or welfare has been sig-
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95
1
nificantly harmed or threatened, or a child
2
whose proposed sponsor clearly presents a risk
3
of abuse, maltreatment, exploitation, or traf-
4
ficking to the child based on all available objec-
5
tive evidence. The Secretary of Health and
6
Human Services shall conduct follow-up serv-
7
ices, during the pendency of removal pro-
8
ceedings, on children for whom a home study
9
was conducted and is authorized to conduct fol-
10
low-up services in cases involving children with
11
mental health or other needs who could benefit
12
from ongoing assistance from a social welfare
13
agency.
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14
(C) ACCESS
TO INFORMATION.—Not
15
than 2 weeks after receiving a request from the
16
Secretary of Health and Human Services, the
17
Secretary of Homeland Security shall provide
18
information necessary to conduct suitability as-
19
sessments from appropriate Federal, State, and
20
local law enforcement and immigration data-
21
bases.
22
(4) LEGAL
ORIENTATION
PRESENTATIONS.—
23
The Secretary of Health and Human Services shall
24
cooperate with the Executive Office for Immigration
25
Review to ensure that custodians receive legal ori-
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1
entation presentations provided through the Legal
2
Orientation Program administered by the Executive
3
Office for Immigration Review. At a minimum, such
4
presentations shall address the custodian’s responsi-
5
bility to attempt to ensure the child’s appearance at
6
all immigration proceedings and to protect the child
7
from mistreatment, exploitation, and trafficking.
8
(5) ACCESS
Secretary of
9
Health and Human Services shall ensure, to the
10
greatest extent practicable and consistent with sec-
11
tion 292 of the Immigration and Nationality Act (8
12
U.S.C. 1362), that all unaccompanied alien children
13
who are or have been in the custody of the Secretary
14
or the Secretary of Homeland Security, and who are
15
not described in subsection (a)(2)(A), have counsel
16
to represent them in legal proceedings or matters
17
and protect them from mistreatment, exploitation,
18
and trafficking. To the greatest extent practicable,
19
the Secretary of Health and Human Services shall
20
make every effort to utilize the services of pro bono
21
counsel who agree to provide representation to such
22
children without charge.
23
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TO COUNSEL.—The
(6) CHILD
ADVOCATES.—The
Secretary of
24
Health and Human Services is authorized to appoint
25
independent child advocates for child trafficking vic-
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1
tims and other vulnerable unaccompanied alien chil-
2
dren. A child advocate shall be provided access to
3
materials necessary to effectively advocate for the
4
best interest of the child. The child advocate shall
5
not be compelled to testify or provide evidence in
6
any proceeding concerning any information or opin-
7
ion received from the child in the course of serving
8
as a child advocate. The child advocate shall be pre-
9
sumed to be acting in good faith and be immune
10
from civil and criminal liability for lawful conduct of
11
duties as described in this provision.
12
(d) PERMANENT PROTECTION
FOR
CERTAIN AT-
13 RISK CHILDREN.—
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14
(1) IN
GENERAL.—Section
15
Immigration
16
1101(a)(27)(J)) is amended—
and
101(a)(27)(J) of the
Nationality
Act
(8
17
(A) in clause (i), by striking ‘‘State and
18
who has been deemed eligible by that court for
19
long-term foster care due to abuse, neglect, or
20
abandonment;’’ and inserting ‘‘State, or an in-
21
dividual or entity appointed by a State or juve-
22
nile court located in the United States, and
23
whose reunification with one or both of the im-
24
migrant’s parents is not viable due to abuse,
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1
neglect, abandonment, or a similar basis found
2
under State law;’’; and
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3
(B) in clause (iii)—
4
(i) in the matter preceding subclause
5
(I), by striking ‘‘the Attorney General ex-
6
pressly consents to the dependency order
7
serving as a precondition to the grant of
8
special immigrant juvenile status;’’ and in-
9
serting ‘‘the Secretary of Homeland Secu-
10
rity consents to the grant of special immi-
11
grant juvenile status,’’; and
12
(ii) in subclause (I), by striking ‘‘in
13
the actual or constructive custody of the
14
Attorney General unless the Attorney Gen-
15
eral specifically consents to such jurisdic-
16
tion;’’ and inserting ‘‘in the custody of the
17
Secretary of Health and Human Services
18
unless the Secretary of Health and Human
19
Services specifically consents to such juris-
20
diction;’’.
21
(2) EXPEDITIOUS
ADJUDICATION.—All
22
tions for special immigrant status under section
23
101(a)(27)(J) of the Immigration and Nationality
24
Act (8 U.S.C. 1101(a)(27)(J)) shall be adjudicated
25
by the Secretary of Homeland Security not later
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1
than 180 days after the date on which the applica-
2
tion is filed.
3
(3)
STATUS.—Section
OF
4
245(h)(2)(A) of the Immigration and Nationality
5
Act (8 U.S.C. 1255(h)(2)(A)) is amended to read as
6
follows:
7
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ADJUSTMENT
‘‘(A)
paragraphs
(4),
(5)(A),
8
(6)(C), (6)(D), (7)(A), and (9)(B) of section
9
212(a) shall not apply; and’’.
10
(4) ELIGIBILITY
11
(A) IN
FOR ASSISTANCE.—
GENERAL.—A
child who has been
12
granted special immigrant status under section
13
101(a)(27)(J) of the Immigration and Nation-
14
ality Act (8 U.S.C. 1101(a)(27)(J)) and who
15
was either in the custody of the Secretary of
16
Health and Human Services at the time a de-
17
pendency order was granted for such child or
18
who was receiving services pursuant to section
19
501(a) of the Refugee Education Assistance Act
20
of 1980 (8 U.S.C. 1522 note) at the time such
21
dependency order was granted, shall be eligible
22
for placement and services under section 412(d)
23
of the Immigration and Nationality Act (8
24
U.S.C. 1522(d)) until the earlier of—
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1
(i) the date on which the child reaches
2
the age designated in section 412(d)(2)(B)
3
of the Immigration and Nationality Act (8
4
U.S.C. 1522(d)(2)(B)); or
5
(ii) the date on which the child is
6
placed in a permanent adoptive home.
7
(B) STATE
the availability of appropriations, if State foster
9
care funds are expended on behalf of a child
10
who is not described in subparagraph (A) and
11
has been granted special immigrant status
12
under section 101(a)(27)(J) of the Immigration
13
and Nationality Act (8 U.S.C. 1101(a)(27)(J)),
14
the Federal Government shall reimburse the
15
State in which the child resides for such ex-
16
penditures by the State.
17
(5)
STATE
COURTS
ACTING
IN
LOCO
18
PARENTIS.—A
19
an individual or entity appointed by a State court or
20
juvenile court located in the United States, acting in
21
loco parentis, shall not be considered a legal guard-
22
ian for purposes of this section or section 462 of the
23
Homeland Security Act of 2002 (6 U.S.C. 279).
25
department or agency of a State, or
(6) TRANSITION
RULE.—Notwithstanding
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any
other provision of law, an alien described in section
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to
8
24
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101
1
101(a)(27)(J) of the Immigration and Nationality
2
Act (8 U.S.C. 1101(a)(27)(J)), as amended by para-
3
graph (1), may not be denied special immigrant sta-
4
tus under such section after the date of the enact-
5
ment of this Act based on age if the alien was a
6
child on the date on which the alien applied for such
7
status.
8
9
10
(7) ACCESS
tion 208 of the Immigration and Nationality Act (8
U.S.C. 1158) is amended—
11
(A) in subsection (a)(2), by adding at the
12
end the following:
13
‘‘(E) APPLICABILITY.—Subparagraphs (A)
14
and (B) shall not apply to an unaccompanied
15
alien child (as defined in section 462(g) of the
16
Homeland Security Act of 2002 (6 U.S.C.
17
279(g))).’’; and
18
(B) in subsection (b)(3), by adding at the
19
end the following:
20
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TO ASYLUM PROTECTIONS.—Sec-
‘‘(C) INITIAL
JURISDICTION.—An
21
officer (as defined in section 235(b)(1)(E))
22
shall have initial jurisdiction over any asylum
23
application filed by an unaccompanied alien
24
child (as defined in section 462(g) of the Home-
25
land Security Act of 2002 (6 U.S.C. 279(g))),
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1
regardless of whether filed in accordance with
2
this section or section 235(b).’’.
3
(8) SPECIALIZED
NEEDS OF UNACCOMPANIED
4
ALIEN
5
other forms of relief from removal in which an unac-
6
companied alien child is the principal applicant shall
7
be governed by regulations which take into account
8
the specialized needs of unaccompanied alien chil-
9
dren and which address both procedural and sub-
10
stantive aspects of handling unaccompanied alien
11
children’s cases.
12
(e) TRAINING.—The Secretary of State, the Sec-
CHILDREN.—Applications
for asylum and
13 retary of Homeland Security, the Secretary of Health and
14 Human Services, and the Attorney General shall provide
15 specialized training to all Federal personnel, and upon re16 quest, state and local personnel, who have substantive con17 tact with unaccompanied alien children. Such personnel
18 shall be trained to work with unaccompanied alien chil19 dren, including identifying children who are victims of se20 vere forms of trafficking in persons, and children for
21 whom asylum or special immigrant relief may be appro22 priate, including children described in subsection (a)(2).
23
(f) AMENDMENTS
TO THE
HOMELAND SECURITY
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24 ACT OF 2002.—
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(1) ADDITIONAL
RESPONSIBILITIES.—Section
2
462(b)(1)(L) of the Homeland Security Act of 2002
3
(6 U.S.C. 279(b)(1)(L)) is amended by striking the
4
period at the end and inserting ‘‘, including regular
5
follow-up visits to such facilities, placements, and
6
other entities, to assess the continued suitability of
7
such placements.’’.
8
(2) TECHNICAL
CORRECTIONS.—Section
462(b)
9
of such Act (6 U.S.C. 279(b)) is further amended—
10
(A) in paragraph (3), by striking ‘‘para-
11
graph (1)(G),’’ and inserting ‘‘paragraph (1),’’;
12
and
13
(B) by adding at the end the following:
14
‘‘(4) RULE
OF
CONSTRUCTION.—Nothing
in
15
paragraph (2)(B) may be construed to require that
16
a bond be posted for an unaccompanied alien child
17
who is released to a qualified sponsor.’’.
18
(g)
DEFINITION
OF
UNACCOMPANIED
ALIEN
19 CHILD.—For purposes of this section, the term ‘‘unaccom20 panied alien child’’ has the meaning given such term in
21 section 462(g) of the Homeland Security Act of 2002 (6
22 U.S.C. 279(g)).
23
(h) EFFECTIVE DATE.—This section—
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24
25
(1) shall take effect on the date that is 90 days
after the date of the enactment of this Act; and
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(2) shall also apply to all aliens in the United
2
States in pending proceedings before the Depart-
3
ment of Homeland Security or the Executive Office
4
for Immigration Review, or related administrative or
5
Federal appeals, on the date of the enactment of
6
this Act.
7
(i) GRANTS
AND
CONTRACTS.—The Secretary of
8 Health and Human Services may award grants to, and
9 enter into contracts with, voluntary agencies to carry out
10 this section and section 462 of the Homeland Security Act
11 of 2002 (6 U.S.C. 279).
12
SEC. 236. RESTRICTION OF PASSPORTS FOR SEX TOURISM.
13
(a) IN GENERAL.—Following any conviction of an in-
14 dividual for a violation of section 2423 of title 18, United
15 States Code, the Attorney General shall notify in a timely
16 manner—
17
18
(1) the Secretary of State for appropriate action under subsection (b); and
19
(2) the Secretary of Homeland Security for ap-
20
propriate action under the Immigration and Nation-
21
ality Act.
22
(b) AUTHORITY TO RESTRICT PASSPORT.—
23
(1) INELIGIBILITY
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24
(A) IN
25
FOR PASSPORT.—
GENERAL.—The
Secretary of State
shall not issue a passport or passport card to
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an individual who is convicted of a violation of
2
section 2423 of title 18, United States Code,
3
during the covered period if the individual used
4
a passport or passport card or otherwise
5
crossed an international border in committing
6
the offense.
7
(B) PASSPORT
retary of State shall revoke a passport or pass-
9
port card previously issued to an individual de-
10
scribed in subparagraph (A).
11
(2) EXCEPTIONS.—
(A) EMERGENCY
AND HUMANITARIAN SIT-
13
UATIONS.—Notwithstanding
14
Secretary of State may issue a passport or
15
passport card, in emergency circumstances or
16
for humanitarian reasons, to an individual de-
17
scribed in paragraph (1)(A).
paragraph (1), the
18
(B) LIMITATION
19
STATES.—Notwithstanding
20
Secretary of State may, prior to revocation,
21
limit a previously issued passport or passport
22
card only for return travel to the United States,
23
or may issue a limited passport or passport
24
card that only permits return travel to the
25
United States.
FOR RETURN TO UNITED
paragraph (1), the
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8
12
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1
(3) DEFINITIONS.—In this subsection—
2
(A) the term ‘‘covered period’’ means the
3
period beginning on the date on which an indi-
4
vidual is convicted of a violation of section 2423
5
of title 18, United States Code, and ending on
6
the later of—
7
(i) the date on which the individual is
8
released from a sentence of imprisonment
9
relating to the offense; and
10
(ii) the end of a period of parole or
11
other supervised release of the covered in-
12
dividual relating to the offense; and
13
(B) the term ‘‘imprisonment’’ means being
14
confined in or otherwise restricted to a jail,
15
prison, half-way house, treatment facility, or
16
another institution, on a full or part-time basis,
17
pursuant to the sentence imposed as the result
18
of a criminal conviction.
19
SEC. 237. ADDITIONAL REPORTING ON CRIME.
20
(a) TRAFFICKING OFFENSE CLASSIFICATION.—The
21 Director of the Federal Bureau of Investigation shall—
22
23
(1) classify the offense of human trafficking as
a part I crime in the Uniform Crime Reports;
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24
25
(2) to the extent feasible, establish subcategories for State sex crimes that involve—
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1
(A) a person who is younger than 18 years
2
of age;
3
(B) the use of force, fraud or coercion; or
4
(C) neither of the elements described in
5
subparagraphs (A) and (B); and
6
(3) classify the offense of human trafficking as
7
a Group A offense for purpose of the National Inci-
8
dent-Based Reporting System.
9
(b) ADDITIONAL INFORMATION.—The Director of the
10 Federal Bureau of Investigation shall revise the Uniform
11 Crime Reporting System and the National Incident-Based
12 Reporting System to distinguish between reports of—
13
(1) incidents of assisting or promoting prostitu-
14
tion, which shall include crimes committed by per-
15
sons who—
16
(A) do not directly engage in commercial
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17
sex acts; and
18
(B) direct, manage, or profit from such
19
acts, such as State pimping and pandering
20
crimes;
21
(2) incidents of purchasing prostitution, which
22
shall include crimes committed by persons who pur-
23
chase or attempt to purchase or trade anything of
24
value for commercial sex acts; and
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108
1
(3) incidents of prostitution, which shall include
2
crimes committed by persons providing or attempt-
3
ing to provide commercial sex acts.
4
(c) REPORTS AND STUDIES.—
5
(1) REPORTS.—Not later than February 1,
6
2010, the Attorney General shall submit to the Com-
7
mittee on Foreign Affairs and the Committee on the
8
Judiciary of the House of Representatives and the
9
Committee on Foreign Relations and the Committee
10
on the Judiciary of the Senate reports on the fol-
11
lowing:
12
(A) Activities or actions, in fiscal years
13
2001 through 2009, by Federal departments
14
and agencies to enforce the offenses set forth in
15
chapter 117 of title 18, United States Code, in-
16
cluding information regarding the number of
17
prosecutions, the number of convictions, an
18
identification of multiple-defendant cases and
19
the results thereof, and, for fiscal years 2008
20
and 2009, the number of prosecutions, the
21
number of convictions, and an identification of
22
multiple-defendant case and the results thereof,
23
the use of expanded statutes of limitation and
24
other tools to prosecute crimes against children
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109
1
who reached the age of eighteen years since the
2
time the crime was committed.
3
(B) The interaction, in Federal human
4
trafficking prosecutions in fiscal years 2001
5
through 2010, of Federal restitution provisions
6
with those provisions of law allowing restoration
7
and remission of criminally and civilly forfeited
8
property, including the distribution of proceeds
9
among multiple victims.
10
(C) Activities or actions, in fiscal years
11
2001 through 2010, to enforce the offenses set
12
forth in chapters 95 and 96 of title 18, United
13
States Code, in cases involving human traf-
14
ficking, sex trafficking, or prostitution offenses.
15
(D) Activities or actions, in fiscal years
16
2008 and 2009, by Federal departments and
17
agencies to enforce the offenses set forth in the
18
Act of August 15, 1935 (49 Stat. 651; D.C.
19
Code 22–2701 et seq.) (relating to prostitution
20
and pandering), including information regard-
21
ing the number of prosecutions, the number of
22
convictions, and an identification of multiple-de-
23
fendant cases and the results thereof.
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110
1
(2) STUDIES.—Subject to availability of appro-
2
priations, the head of the National Institute of Jus-
3
tice shall conduct—
4
(A) a comprehensive study to examine the
5
use of Internet-based businesses and services by
6
criminal actors in the sex industry, and to dis-
7
seminate best practices for investigation and
8
prosecution of trafficking and prostitution of-
9
fenses involving the Internet; and
10
(B) a comprehensive study to examine the
11
application of State human trafficking statutes,
12
including such statutes based on the model law
13
developed by the Department of Justice, cases
14
prosecuted thereunder, and the impact, if any,
15
on enforcement of other State criminal statutes.
16
(3)
STUDIES
PREVIOUSLY
REQUIRED
17
LAW.—Not
18
enactment of this Act, the Attorney General shall re-
19
port to the Committee on Foreign Affairs and the
20
Committee on the Judiciary of the House of Rep-
21
resentatives and the Committee on Foreign Rela-
22
tions and the Committee on the Judiciary of the
23
Senate on the status of the studies required by para-
24
graph (B)(i) and (ii) of section 201(a)(1) of the
25
Trafficking Victims Protection Reauthorization Act
later than 90 days after the date of the
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1
of 2005 (42 U.S.C. 14044(a)(1)) and indicate the
2
projected date when such studies will be completed.
3
SEC. 238. PROCESSING OF CERTAIN VISAS.
4
(a) REPORT.—Not later than 180 days after the date
5 of the enactment of this Act, the Secretary of Homeland
6 Security shall submit to the Committee on Foreign Affairs
7 and the Committee on the Judiciary of the House of Rep8 resentatives and the Committee on Foreign Relations and
9 the Committee on the Judiciary of the Senate a report
10 on the operations of the specially-trained Violence Against
11 Women Act Unit at the Citizenship and Immigration Serv12 ice’s Vermont Service Center.
13
(b) ELEMENTS.—The report required by subsection
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14 (a) shall include the following elements:
15
(1) Detailed information about the funds ex-
16
pended to support the work of the Violence Against
17
Women Act Unit at the Vermont Service Center.
18
(2) A description of training for adjudicators,
19
victim witness liaison officers, managers, and others
20
working in the Violence Against Women Act Unit,
21
including general training and training on confiden-
22
tiality issues.
23
(3) Measures taken to ensure the retention of
24
specially-trained staff within the Violence Against
25
Women Act Unit.
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112
1
(4) Measures taken to ensure the creation and
2
retention of a core of supervisory staff within the Vi-
3
olence Against Women Act Unit and the Vermont
4
Service Center with responsibility over resource allo-
5
cation, policy, program development, training and
6
other substantive or operational issues affecting the
7
Unit, who have historical knowledge and experience
8
with the Trafficking Victims Protection Act of 2000,
9
the Violence Against Women Act of 1994, Violence
10
Against Women Act of 1994 confidentiality, and the
11
specialized policies and procedures of the Depart-
12
ment of Homeland Security and its predecessor
13
agencies in such cases.
14
(5) Measures taken to ensure routine consulta-
15
tion between the Violence Against Women Act Unit,
16
U.S. Citizenship and Immigration Services Head-
17
quarters, and the Office of Policy and Strategy dur-
18
ing the development of any Department of Home-
19
land Security regulations or policies that impact Vio-
20
lence Against Women Act of 1994 confidentiality-
21
protected victims and their derivative family mem-
22
bers.
23
(6) Information on any circumstances in which
24
victim-based immigration applications have been ad-
25
judicated by entities other than the Violence Against
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1
Women Act Unit at the Vermont Service Center, in-
2
cluding reasons for such action and what steps, if
3
any, were taken to ensure that such applications
4
were handled by trained personnel and what steps
5
were taken to comply with the confidentiality provi-
6
sions of the Violence Against Women Act of 1994.
7
(7) Information on the time in which it takes
8
to adjudicate victim-based immigration applications,
9
including the issuance of visas, work authorization
10
and deferred action in a timely manner consistent
11
with the safe and competent processing of such ap-
12
plications, and steps taken to improve in this area.
13
SEC. 239. TEMPORARY INCREASE IN FEE FOR CERTAIN
14
15
CONSULAR SERVICES.
(a) INCREASE
IN
FEE.—Notwithstanding any other
16 provision of law, not later than October 1, 2009, the Sec17 retary of State shall increase by $1 the fee or surcharge
18 assessed under section 140(a) of the Foreign Relations
19 Authorization Act, Fiscal Years 1994 and 1995 (Public
20 Law 103–236; 8 U.S.C. 1351 note) for processing ma21 chine-readable nonimmigrant visas and machine-readable
22 combined border crossing identification cards and non23 immigrant visas.
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24
(b) DEPOSIT
OF
AMOUNTS.—Notwithstanding sec-
25 tion 140(a)(2) of the Foreign Relations Authorization Act,
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1 Fiscal Years 1994 and 1995 (Public Law 103–236; 8
2 U.S.C. 1351 note), the additional amount collected pursu3 ant the fee increase under subsection (a) shall be deposited
4 in the Treasury.
5
(c) DURATION
OF
INCREASE.—The fee increase au-
6 thorized under subsection (a) shall terminate on the date
7 that is 3 years after the first date on which such increased
8 fee is collected.
10
TITLE III—AUTHORIZATIONS OF
APPROPRIATIONS
11
SEC. 301. TRAFFICKING VICTIMS PROTECTION ACT OF 2000.
12
Section 113 of the Trafficking Victims Protection Act
9
13 of 2000, as amended by section 213(a)(2), is amended—
14
(1) in subsection (a)—
15
(A) in the first sentence—
16
(i) by striking ‘‘section 104, and’’;
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17
and
18
(ii) by striking ‘‘$1,500,000’’ and all
19
that follows through ‘‘$5,500,000 for each
20
of the fiscal years 2006 and 2007’’ and in-
21
serting ‘‘$5,500,000 for each of the fiscal
22
years 2008 through 2011’’; and
23
(B) in the second sentence—
24
(i) by striking ‘‘for official reception
25
and representation expenses $3,000’’ and
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1
inserting ‘‘$1,500,000 for additional per-
2
sonnel for each of the fiscal years 2008
3
through 2011, and $3,000 for official re-
4
ception and representation expenses’’; and
5
(ii) by striking ‘‘2006 and 2007’’ and
6
inserting ‘‘2008 through 2011’’;
7
(2)
subsection
(b)(1),
by
‘‘$5,000,000’’ and all that follows and inserting
9
‘‘$12,500,000 for each of the fiscal years 2008
through 2011’’;
11
(3) in subsection (c)—
12
(A) in paragraph (1)—
13
(i) by striking ‘‘2004, 2005, 2006,
14
and 2007’’ each place it appears and in-
15
serting ‘‘2008 through 2011’’; and
16
(ii) in subparagraph (B), by adding at
17
the end the following: ‘‘To carry out the
18
purposes of section 107(a)(1)(F), there are
19
authorized to be appropriated to the Sec-
20
retary of State $1,000,000 for each of the
21
fiscal years 2008 through 2011.’’;
22
(B) by striking paragraph (2);
23
(C) by redesignating paragraph (3) as
24
paragraph (2); and
25
(D) in paragraph (2), as redesignated—
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10
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1
(i) by striking ‘‘section 104’’ and in-
2
serting ‘‘sections 116(f) and 502B(h) of
3
the Foreign Assistance Act of 1961 (22
4
U.S.C. 2151n(f) and 2304(h))’’; and
5
(ii) by striking ‘‘, including the prepa-
6
ration’’ and all that follows and inserting
7
a period;
8
(4) in subsection (d)—
9
(A) in the first sentence, by striking
10
‘‘$5,000,000’’ and all that follows through
11
‘‘2007’’ and inserting ‘‘$10,000,000 for each of
12
the fiscal years 2008 through 2011’’; and
13
(B) in the second sentence, by striking
14
‘‘2004, 2005, 2006, and 2007’’ and inserting
15
‘‘2008 through 2011’’;
16
(5) in subsection (e)—
17
(A)
paragraph
(1),
by
‘‘$5,000,000’’ and all that follows and inserting
19
‘‘$15,000,000 for each of the fiscal years 2008
20
through 2011.’’;
(B) in paragraph (2)—
22
(i) by striking ‘‘section 109’’ and in-
23
serting ‘‘section 134 of the Foreign Assist-
24
ance Act of 1961 (22 U.S.C. 2152d)’’; and
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18
21
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1
(ii) by striking ‘‘$5,000,000’’ and all
2
that follows and inserting ‘‘$15,000,000
3
for each of the fiscal years 2008 through
4
2011.’’; and
5
(C)
in
paragraph
(3),
by
striking
6
‘‘$300,000’’ and all that follows and inserting
7
‘‘$2,000,000 for each of the fiscal years 2008
8
through 2011.’’;
9
(6) in subsection (f), by striking ‘‘$5,000,000’’
10
and all that follows and inserting ‘‘$10,000,000 for
11
each of the fiscal years 2008 through 2011.’’;
12
(7) in subsection (h), by striking ‘‘fiscal year
13
2006’’ and inserting ‘‘each of the fiscal years 2008
14
through 2011’’; and
15
(8) in subsection (i), by striking ‘‘2006 and
16
17
2007’’ and inserting ‘‘2008 through 2011’’.
SEC. 302. TRAFFICKING VICTIMS PROTECTION REAUTHOR-
18
19
IZATION ACT OF 2005.
The Trafficking Victims Protection Reauthorization
20 Act of 2005 (Public Law 109–164) is amended—
21
22
(1) in section 102(b)(7), by striking ‘‘2006 and
2007’’ and inserting ‘‘2008 through 2011’’;
23
(2) in section 201(c)—
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24
(A)
25
in
paragraph
(1),
by
‘‘$2,500,000 for each of the fiscal years 2006
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1
and 2007’’ each place it appears and inserting
2
‘‘$1,500,000 for each of the fiscal years 2008
3
through 2011’’; and
4
(B) in paragraph (2), by striking ‘‘2006
5
and 2007’’ and inserting ‘‘2008 through 2011’’;
6
(3) in section 202(d), by striking ‘‘$10,000,000
7
for each of the fiscal years 2006 and 2007’’ and in-
8
serting ‘‘$8,000,000 for each of the fiscal years
9
2008 through 2011’’;
10
(4) in section 203(g), by striking ‘‘2006 and
11
2007’’ and inserting ‘‘2008 through 2011’’; and
12
(5) in section 204(d), by striking ‘‘$25,000,000
13
for each of the fiscal years 2006 and 2007’’ and in-
14
serting ‘‘$20,000,000 for each of the fiscal years
15
2008 through 2011’’.
16
SEC. 303. RULE OF CONSTRUCTION.
17
The amendments made by sections 301 and 302 may
18 not be construed to affect the availability of funds appro19 priated pursuant to the authorizations of appropriations
20 under the Trafficking Victims Protection Act of 2000 (di21 vision A of Public Law 106–386; 22 U.S.C. 7101 et seq.)
22 and the Trafficking Victims Protection Reauthorization
23 Act of 2005 (Public Law 109–164) before the date of the
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24 enactment of this Act.
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1
SEC. 304. TECHNICAL AMENDMENTS.
2
(a) TRAFFICKING VICTIMS PROTECTION ACT
OF
3 2000.—Sections 103(1) and 105(d)(7) of the Trafficking
4 Victims Protection Act of 2000 (22 U.S.C. 7102(1) and
5 7103(d)(7)) are each amended by striking ‘‘Committee on
6 International Relations’’ each place it appears and insert7 ing ‘‘Committee on Foreign Affairs’’.
8
9
(b) TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION
ACT
OF
2005.—Section 102(b)(6) and sub-
10 sections (c)(2)(B)(i) and (e)(2) of section 104 of the Traf11 ficking Victims Protection Reauthorization Act of 2005
12 (Public Law 109–164) are amended by striking ‘‘Com13 mittee on International Relations’’ each place it appears
14 and inserting ‘‘Committee on Foreign Affairs’’.
TITLE IV—CHILD SOLDIERS
PREVENTION
15
16
17
SEC. 401. SHORT TITLE.
18
This title may be cited as the ‘‘Child Soldiers Preven-
19 tion Act of 2008’’.
20
SEC. 402. DEFINITIONS.
21
In this title:
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22
(1) APPROPRIATE
23
TEES.—The
24
mittees’’ means—
25
CONGRESSIONAL
term ‘‘appropriate congressional com-
(A) the Committee on Foreign Relations of
26
the Senate;
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1
(B) the Committee on Appropriations of
2
the Senate;
3
(C) the Committee on Foreign Affairs of
4
the House of Representatives; and
5
(D) the Committee on Appropriations of
6
the House of Representatives.
7
(2) CHILD
with the pro-
8
visions of the Optional Protocol to the Convention of
9
the Rights of the Child, the term ‘‘child soldier’’—
10
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SOLDIER.—Consistent
(A) means—
11
(i) any person under 18 years of age
12
who takes a direct part in hostilities as a
13
member of governmental armed forces;
14
(ii) any person under 18 years of age
15
who has been compulsorily recruited into
16
governmental armed forces;
17
(iii) any person under 15 years of age
18
who has been voluntarily recruited into
19
governmental armed forces; or
20
(iv) any person under 18 years of age
21
who has been recruited or used in hos-
22
tilities by armed forces distinct from the
23
armed forces of a state; and
24
(B) includes any person described in
25
clauses (ii), (iii), or (iv) of subparagraph (A)
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1
who is serving in any capacity, including in a
2
support role such as a cook, porter, messenger,
3
medic, guard, or sex slave.
4
SEC. 403. SENSE OF CONGRESS.
5
It is the sense of Congress that—
6
(1) the United States Government should con-
7
demn the conscription, forced recruitment, or use of
8
children by governments, paramilitaries, or other or-
9
ganizations;
10
(2) the United States Government should sup-
11
port and, to the extent practicable, lead efforts to es-
12
tablish and uphold international standards designed
13
to end the abuse of human rights described in para-
14
graph (1);
15
(3) the United States Government should ex-
16
pand ongoing services to rehabilitate recovered child
17
soldiers and to reintegrate such children back into
18
their respective communities by—
19
(A) offering ongoing psychological services
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20
to help such children—
21
(i) to recover from the trauma suf-
22
fered during their forced military involve-
23
ment;
24
(ii) to relearn how to interact with
25
others in nonviolent ways so that such chil-
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1
dren are no longer a danger to their re-
2
spective communities; and
3
(iii) by taking into consideration the
4
needs of girl soldiers, who may be at risk
5
of exclusion from disarmament, demobiliza-
6
tion, and reintegration programs;
7
(B) facilitating reconciliation with such
8
communities through negotiations with tradi-
9
tional leaders and elders to enable recovered
10
abductees to resume normal lives in such com-
11
munities; and
12
(C) providing educational and vocational
13
assistance;
14
(4) the United States should work with the
15
international community, including, as appropriate,
16
third country governments, nongovernmental organi-
17
zations, faith-based organizations, United Nations
18
agencies, local governments, labor unions, and pri-
19
vate enterprises—
20
(A) to bring to justice rebel and para-
21
military forces that kidnap children for use as
22
child soldiers;
23
(B) to recover those children who have
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24
been abducted; and
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1
(C) to assist such children to be rehabili-
2
tated and reintegrated into their respective
3
communities;
4
(5) the Secretary of State, the Secretary of
5
Labor, and the Secretary of Defense should coordi-
6
nate programs to achieve the goals described in
7
paragraph (3);
8
(6) United States diplomatic missions in coun-
9
tries in which the use of child soldiers is an issue,
10
whether or not such use is supported or sanctioned
11
by the governments of such countries, should include
12
in their mission program plans a strategy to achieve
13
the goals described in paragraph (3);
14
(7) United States diplomatic missions in coun-
15
tries in which governments use or tolerate child sol-
16
diers should develop strategies, as part of annual
17
program planning—
18
(A) to promote efforts to end such abuse
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19
of human rights; and
20
(B) to identify and integrate global best
21
practices, as available, into such strategies to
22
avoid duplication of effort; and
23
(8) in allocating or recommending the allocation
24
of funds or recommending candidates for programs
25
and grants funded by the United States Govern-
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1
ment, United States diplomatic missions should give
2
serious consideration to those programs and can-
3
didates that are expected to promote the end to the
4
abuse of human rights described in this section.
5
SEC. 404. PROHIBITION.
6
(a) IN GENERAL.—Subject to subsections (b), (c),
7 and (d), the authorities contained in section 516 or 541
8 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j
9 or 2347) or section 23 of the Arms Export Control Act
10 (22 U.S.C. 2763) may not be used to provide assistance
11 to, and no licenses for direct commercial sales of military
12 equipment may be issued to, the government of a country
13 that is clearly identified, pursuant to subsection (b), for
14 the most recent year preceding the fiscal year in which
15 the authorities or license would have been used or issued
16 in the absence of a violation of this title, as having govern17 mental armed forces or government-supported armed
18 groups, including paramilitaries, militias, or civil defense
19 forces, that recruit and use child soldiers.
20
21
(b) IDENTIFICATION
TRIES IN
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22
AND
NOTIFICATION
COUN-
VIOLATION OF STANDARDS.—
(1) PUBLICATION
OF LIST OF FOREIGN GOV-
23
ERNMENTS.—The
24
list of the foreign governments that have violated the
25
standards under this title and are subject to the pro-
Secretary of State shall include a
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1
hibition in subsection (a) in the report required
2
under section 110(b) of the Trafficking Victims Pro-
3
tection Act of 2000 (22 U.S.C. 7107(b)).
4
(2) NOTIFICATION
OF FOREIGN COUNTRIES.—
5
The Secretary of State shall formally notify any gov-
6
ernment identified pursuant to subsection (a).
7
(c) NATIONAL INTEREST WAIVER.—
8
(1) WAIVER.—The President may waive the ap-
9
plication to a country of the prohibition in sub-
10
section (a) if the President determines that such
11
waiver is in the national interest of the United
12
States.
13
(2) PUBLICATION
AND
NOTIFICATION.—Not
14
later than 45 days after each waiver is granted
15
under paragraph (1), the President shall notify the
16
appropriate congressional committees of the waiver
17
and the justification for granting such waiver.
18
(d) REINSTATEMENT
OF
ASSISTANCE.—The Presi-
19 dent may provide to a country assistance otherwise prohib20 ited under subsection (a) upon certifying to the appro21 priate congressional committees that the government of
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22 such country—
23
(1) has implemented measures that include an
24
action plan and actual steps to come into compliance
25
with the standards outlined in section 404(b); and
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1
(2) has implemented policies and mechanisms
2
to prohibit and prevent future government or gov-
3
ernment-supported use of child soldiers and to en-
4
sure that no children are recruited, conscripted, or
5
otherwise compelled to serve as child soldiers.
6
(e) EXCEPTION
7
TO
ADDRESSING
FOR
THE
PROGRAMS DIRECTLY RELATED
PROBLEM
OF
CHILD SOLDIERS
OR
8 PROFESSIONALIZATION OF THE MILITARY.—
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9
(1) IN
GENERAL.—The
President may provide
10
assistance to a country for international military
11
education, training, and nonlethal supplies (as de-
12
fined in section 2557(d)(1)(B) of title 10, United
13
States Code) otherwise prohibited under subsection
14
(a) upon certifying to the appropriate congressional
15
committees that—
16
(A) the government of such country is tak-
17
ing reasonable steps to implement effective
18
measures to demobilize child soldiers in its
19
forces or in government-supported paramili-
20
taries and is taking reasonable steps within the
21
context of its national resources to provide de-
22
mobilization, rehabilitation, and reintegration
23
assistance to those former child soldiers; and
24
(B) the assistance provided by the United
25
States Government to the government of such
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1
country will go to programs that will directly
2
support professionalization of the military.
3
(2) LIMITATION.—The exception under para-
4
graph (1) may not remain in effect for a country for
5
more than 5 years.
6
SEC. 405. REPORTS.
7
(a) INVESTIGATION
OF
ALLEGATIONS REGARDING
8 CHILD SOLDIERS.—United States missions abroad shall
9 thoroughly investigate reports of the use of child soldiers.
10
11
(b) INFORMATION
PORTS.—In
FOR
ANNUAL HUMAN RIGHTS RE-
preparing those portions of the annual
12 Human Rights Report that relate to child soldiers under
13 sections 116 and 502B of the Foreign Assistance Act of
14 1961 (22 U.S.C. 2151n(f) and 2304(h)), the Secretary of
15 State shall ensure that such reports include a description
16 of the use of child soldiers in each foreign country, includ17 ing—
18
(1) trends toward improvement in such country
19
of the status of child soldiers or the continued or in-
20
creased tolerance of such practices; and
21
(2) the role of the government of such country
22
in engaging in or tolerating the use of child soldiers.
23
(c) ANNUAL REPORT
TO
CONGRESS.—If, during any
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24 of the 5 years following the date of the enactment of this
25 Act, a country is notified pursuant to section 404(b)(2),
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1 or a wavier is granted pursuant to section 404(c)(1), the
2 President shall submit a report to the appropriate con3 gressional committees not later than June 15 of the fol4 lowing year. The report shall include—
5
(1) a list of the countries receiving notification
6
that they are in violation of the standards under this
7
title;
8
(2) a list of any waivers or exceptions exercised
9
under this title;
10
(3) justification for any such waivers and excep-
11
tions; and
12
(4) a description of any assistance provided
13
under this title pursuant to the issuance of such
14
waiver.
15
SEC. 406. TRAINING FOR FOREIGN SERVICE OFFICERS.
16
Section 708 of the Foreign Service Act of 1980 (22
17 U.S.C. 4028) is amended by adding at the end the fol18 lowing:
19
‘‘(c) The Secretary of State, with the assistance of
20 other relevant officials, shall establish as part of the stand21 ard training provided for chiefs of mission, deputy chiefs
22 of mission, and other officers of the Service who are or
23 will be involved in the assessment of child soldier use or
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24 the drafting of the annual Human Rights Report instruc-
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1 tion on matters related to child soldiers, and the substance
2 of the Child Soldiers Prevention Act of 2008.’’.
3
SEC. 407. EFFECTIVE DATE; APPLICABILITY.
4
This title, and the amendments made by this title,
5 shall take effect 180 days after the date of the enactment
6 of this Act.
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Æ
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H7311
| File Type | application/pdf |
| File Title | H7311-IH.ps |
| File Modified | 2008-12-19 |
| File Created | 2008-12-10 |