[110th Congress Public Law 457]
[From the U.S. Government Printing Office]
[DOCID: f:publ457.110]
[[Page 5043]]
WILLIAM WILBERFORCE TRAFFICKING
VICTIMS PROTECTION REAUTHORIZATION
ACT OF 2008
[[Page 122 STAT. 5044]]
Public Law 110-457
110th Congress
An Act
To authorize appropriations for fiscal years 2008 through 2011 for the
Trafficking Victims Protection Act of 2000, to enhance measures to
combat trafficking in persons, and for other purposes. <<NOTE: Dec. 23,
2008 - [H.R. 7311]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: William
Wilberforce Trafficking Victims Protection Reauthorization Act of
2008.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 22 USC 7101 note.>> Short Title.--This Act may be cited
as the ``William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--COMBATING INTERNATIONAL TRAFFICKING IN PERSONS
Sec. 101. Interagency Task Force to Monitor and Combat Trafficking.
Sec. 102. Office to Monitor and Combat Trafficking.
Sec. 103. Prevention and prosecution of trafficking in foreign
countries.
Sec. 104. Assistance for victims of trafficking in other countries.
Sec. 105. Increasing effectiveness of anti-trafficking programs.
Sec. 106. Minimum standards for the elimination of trafficking.
Sec. 107. Actions against governments failing to meet minimum standards.
Sec. 108. Research on domestic and international trafficking in persons.
Sec. 109. Presidential Award for Extraordinary Efforts to Combat
Trafficking in Persons.
Sec. 110. Report on activities of the Department of Labor to monitor and
combat forced labor and child labor.
Sec. 111. Sense of Congress regarding multilateral framework between
labor exporting and labor importing countries.
TITLE II--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES
Subtitle A--Ensuring Availability of Possible Witnesses and Informants
Sec. 201. Protecting trafficking victims against retaliation.
Sec. 202. Protections for domestic workers and other nonimmigrants.
Sec. 203. Protections, remedies, and limitations on issuance for A-3 and
G-5 visas.
Sec. 204. Relief for certain victims pending actions on petitions and
applications for relief.
Sec. 205. Expansion of authority to permit continued presence in the
United States.
Subtitle B--Assistance for Trafficking Victims
Sec. 211. Assistance for certain nonimmigrant status applicants.
Sec. 212. Interim assistance for children.
Sec. 213. Ensuring assistance for all victims of trafficking in persons.
Subtitle C--Penalties Against Traffickers and Other Crimes
Sec. 221. Restitution of forfeited assets; enhancement of civil action.
Sec. 222. Enhancing penalties for trafficking offenses.
Sec. 223. Jurisdiction in certain trafficking offenses.
Sec. 224. Bail conditions, subpoenas, and repeat offender penalties for
sex trafficking.
[[Page 122 STAT. 5045]]
Sec. 225. Promoting effective State enforcement.
Subtitle D--Activities of the United States Government
Sec. 231. Annual report by the Attorney General.
Sec. 232. Investigation by the Inspectors General.
Sec. 233. Senior Policy Operating Group.
Sec. 234. Preventing United States travel by traffickers.
Sec. 235. Enhancing efforts to combat the trafficking of children.
Sec. 236. Restriction of passports for sex tourism.
Sec. 237. Additional reporting on crime.
Sec. 238. Processing of certain visas.
Sec. 239. Temporary increase in fee for certain consular services.
TITLE III--AUTHORIZATIONS OF APPROPRIATIONS
Sec. 301. Trafficking Victims Protection Act of 2000.
Sec. 302. Trafficking Victims Protection Reauthorization Act of 2005.
Sec. 303. Rule of construction.
Sec. 304. Technical amendments.
TITLE IV--CHILD SOLDIERS PREVENTION
Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Sense of Congress.
Sec. 404. Prohibition.
Sec. 405. Reports.
Sec. 406. Training for foreign service officers.
Sec. 407. Effective date; applicability.
TITLE I--COMBATING INTERNATIONAL TRAFFICKING IN PERSONS
SEC. 101. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT
TRAFFICKING.
Section 105(b) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7103(b)) is amended by inserting ``the Secretary of Education,''
after ``the Secretary of Homeland Security,''.
SEC. 102. OFFICE TO MONITOR AND COMBAT TRAFFICKING.
Section 105(e) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7103(e)) is amended--
(1) in the subsection heading, by striking ``Support for the
Task Force'' and inserting ``Office To Monitor and Combat
Trafficking'';
(2) by striking ``The Secretary of State is authorized to''
and inserting the following:
``(1) In general.--The Secretary of State shall''; and
(3) by adding at the end the following:
``(2) Coordination of certain activities.--
``(A) Partnerships.--The Director, in coordination
and cooperation with other officials at the Department
of State involved in corporate responsibility, the
Deputy Under Secretary for International Affairs of the
Department of Labor, and other relevant officials of the
United States Government, shall promote, build, and
sustain partnerships between the United States
Government and private entities (including foundations,
universities, corporations, community-based
organizations, and other nongovernmental organizations)
to ensure that--
``(i) United States citizens do not use any
item, product, or material produced or extracted
with the use of labor from victims of severe forms
of trafficking; and
[[Page 122 STAT. 5046]]
``(ii) such entities do not contribute to
trafficking in persons involving sexual
exploitation.
``(B) United states assistance.--The Director shall
be responsible for--
``(i) all policy, funding, and programming
decisions regarding funds made available for
trafficking in persons programs that are centrally
controlled by the Office to Monitor and Combat
Trafficking; and
``(ii) coordinating any trafficking in persons
programs of the Department of State or the United
States Agency for International Development that
are not centrally controlled by the Director.''.
SEC. 103. PREVENTION AND PROSECUTION OF TRAFFICKING IN FOREIGN
COUNTRIES.
(a) Prevention.--Section 106 of the Trafficking Victims Protection
Act of 2000 (22 U.S. C. 7104) is amended by adding at the end the
following:
``(i) Additional Measures To Prevent and Deter Trafficking.--
<<NOTE: President.>> The President shall establish and carry out
programs to prevent and deter trafficking in persons, including--
``(1) technical assistance and other support to improve the
capacity of foreign governments to investigate, identify, and
carry out inspections of private entities, including labor
recruitment centers, at which trafficking victims may be
exploited, particularly exploitation involving forced and child
labor;
``(2) technical assistance and other support for foreign
governments and nongovernmental organizations to provide
immigrant populations with information, in the native languages
of the major immigrant groups of such populations, regarding the
rights of such populations in the foreign country and local in-
country nongovernmental organization-operated hotlines;
``(3) technical assistance to provide legal frameworks and
other programs to foreign governments and nongovernmental
organizations to ensure that--
``(A) foreign migrant workers are provided the same
protection as nationals of the foreign country;
``(B) labor recruitment firms are regulated; and
``(C) workers providing domestic services in
households are provided protection under labor rights
laws; and
``(4) assistance to foreign governments to register
vulnerable populations as citizens or nationals of the country
to reduce the ability of traffickers to exploit such
populations.''.
(b) Prosecution.--Section 134(a)(2) of the Foreign Assistance Act of
1961 (22 U.S.C. 2152d(a)(2)) is amended by adding at the end before the
semicolon the following: ``, including investigation of individuals and
entities that may be involved in trafficking in persons involving sexual
exploitation''.
SEC. 104. ASSISTANCE FOR VICTIMS OF TRAFFICKING IN OTHER
COUNTRIES.
Section 107(a) of Trafficking Victims Protection Act of 2000 (22
U.S.C. 7105(a)) is amended--
(1) in paragraph (1)--
(A) in the second sentence, by inserting before the
period at the end the following: ``, and shall be
carried out in a manner which takes into account the
cross-border,
[[Page 122 STAT. 5047]]
regional, and transnational aspects of trafficking in
persons''; and
(B) by adding at the end the following:
``(F) In cooperation and coordination with relevant
organizations, such as the United Nations High
Commissioner for Refugees, the International
Organization for Migration, and private nongovernmental
organizations that contract with, or receive grants
from, the United States Government to assist refugees
and internally displaced persons, support for--
``(i) increased protections for refugees and
internally displaced persons, including outreach
and education efforts to prevent such refugees and
internally displaced persons from being exploited
by traffickers; and
``(ii) performance of best interest
determinations for unaccompanied and separated
children who come to the attention of the United
Nations High Commissioner for Refugees, its
partner organizations, or any organization that
contracts with the Department of State in order to
identify child trafficking victims and to assist
their safe integration, reintegration, and
resettlement.''; and
(2) in paragraph (2), by adding at the end the following:
``In carrying out this paragraph, the Secretary and the
Administrator shall take all appropriate steps to ensure that
cooperative efforts among foreign countries are undertaken on a
regional basis.''.
SEC. 105. INCREASING EFFECTIVENESS OF ANTI-TRAFFICKING PROGRAMS.
The Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et
seq.) is amended by inserting after section 107 the following:
``SEC. 107A. <<NOTE: 22 USC 7105a.>> INCREASING EFFECTIVENESS OF
ANTI-TRAFFICKING PROGRAMS.
``(a) Awarding of Grants, Cooperative Agreements, and Contracts.--In
administering funds made available to carry out this Act within and
outside the United States--
``(1) solicitations of grants, cooperative agreements, and
contracts for such programs shall be made publicly available;
``(2) grants, cooperative agreements, and contracts shall be
subject to full and open competition, in accordance with
applicable laws; and
``(3) the internal department or agency review process for
such grants, cooperative agreements, and contracts shall not be
subject to ad hoc or intermittent review or influence by
individuals or organizations outside the United States
Government except as provided under paragraphs (1) and (2).
``(b) Eligibility.--
``(1) In general.-- <<NOTE: Certification.>> An applicant
desiring a grant, contract, or cooperative agreement under this
Act shall certify that, to the extent practicable, persons or
entities providing legal services, social services, health
services, or other assistance have completed, or will complete,
training in connection with trafficking in persons.
[[Page 122 STAT. 5048]]
``(2) Disclosure.--If appropriate, applicants should
indicate collaboration with nongovernmental organizations,
including organizations with expertise in trafficking in
persons.
``(c) <<NOTE: President.>> Evaluation of Anti-Trafficking
Programs.--
``(1) In general.--The President shall establish a system to
evaluate the effectiveness and efficiency of the assistance
provided under anti-trafficking programs established under this
Act on a program-by-program basis in order to maximize the long-
term sustainable development impact of such assistance.
``(2) Requirements.--In carrying out paragraph (1), the
President shall--
``(A) establish performance goals for the assistance
described in paragraph (1), expressed in an objective
and quantifiable form, to the extent practicable;
``(B) ensure that performance indicators are used
for programs authorized under this Act to measure and
assess the achievement of the performance goals
described in subparagraph (A);
``(C) provide a basis for recommendations for
adjustments to the assistance described in paragraph (1)
to enhance the impact of such assistance; and
``(D) ensure that evaluations are conducted by
subject matter experts in and outside the United States
Government, to the extent practicable.
``(d) Targeted Use of Anti-Trafficking Programs.--In providing
assistance under this division, the President should take into account
the priorities and country assessments contained in the most recent
report submitted by the Secretary of State to Congress pursuant to
section 110(b).
``(e) <<NOTE: President.>> Consistency With Other Programs.--The
President shall ensure that the design, monitoring, and evaluation of
United States assistance programs for emergency relief, development, and
poverty alleviation under part I and chapter 4 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) and
other similar United States assistance programs are consistent with
United States policies and other United States programs relating to
combating trafficking in persons.
``(f) Authorization of Appropriations.--For each of the fiscal years
2008 through 2011, not more than 5 percent of the amounts made available
to carry out this division may be used to carry out this section,
including--
``(1) evaluations of promising anti-trafficking programs and
projects funded by the disbursing agency pursuant to this Act;
and
``(2) evaluations of emerging problems or global trends.''.
SEC. 106. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.
Section 108 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7106) is amended--
(1) in subsection (a), by striking ``a significant number
of''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking the period at the
end of the first sentence and inserting the following:
``, including, as appropriate, requiring incarceration
of individuals convicted of such acts. For purposes of
the
[[Page 122 STAT. 5049]]
preceding sentence, suspended or significantly-reduced
sentences for convictions of principal actors in cases
of severe forms of trafficking in persons shall be
considered, on a case-by-case basis, whether to be
considered an indicator of serious and sustained efforts
to eliminate severe forms of trafficking in persons.'';
(B) in paragraph (2), by inserting before the period
at the end the following: ``, including by providing
training to law enforcement and immigration officials
regarding the identification and treatment of
trafficking victims using approaches that focus on the
needs of the victims'';
(C) in paragraph (3), by striking ``measures to
reduce the demand for commercial sex acts and for
participation in international sex tourism by nationals
of the country'' and inserting ``measures to establish
the identity of local populations, including birth
registration, citizenship, and nationality''; and
(D) by adding at the end the following:
``(11) Whether the government of the country has made
serious and sustained efforts to reduce the demand for--
``(A) commercial sex acts; and
``(B) participation in international sex tourism by
nationals of the country.''.
SEC. 107. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM
STANDARDS.
(a) Countries on Special Watch List Relating to Trafficking in
Persons for 2 Consecutive Years.--Section 110(b)(3) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7107(b)(3)) is amended by
adding at the end the following:
``(D) Countries on special watch list for 2
consecutive years.--
``(i) In general.--Except as provided under
clause (ii), a country that is included on the
special watch list described in subparagraph (A)
for 2 consecutive years after the date of the
enactment of this subparagraph, shall be included
on the list of countries described in paragraph
(1)(C).
``(ii) Exercise of waiver authority.--The
President may waive the application of clause (i)
for up to 2 years if the President determines, and
reports credible evidence to the Committee on
Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of
Representatives, that such a waiver is justified
because--
``(I) the country has a written plan
to begin making significant efforts to
bring itself into compliance with the
minimum standards for the elimination of
trafficking;
``(II) the plan, if implemented,
would constitute making such significant
efforts; and
``(III) the country is devoting
sufficient resources to implement the
plan.''.
(b) Clarification of Measures Against Certain Foreign Countries.--
Section 110(d)(1)(A)(ii) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7107(d)(1)(A)) is amended by inserting ``such assistance
to the government of the country for
[[Page 122 STAT. 5050]]
the subsequent fiscal year and will not provide'' after ``will not
provide''.
(c) <<NOTE: 22 USC 7107 note.>> Translation of Trafficking in
Persons Report.--The Secretary of State shall--
(1) timely translate the annual report submitted under
section 110(b) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7107(b)) into the principal languages of as many
countries as possible, with particular emphasis on the languages
of the countries on the lists described in subparagraphs (B) and
(C) of section 110(b)(1) of such Act; and
(2) <<NOTE: Public information. Web site.>> ensure that the
translations described in paragraph (1) are made available to
the public through postings on the Internet website of the
Department of State and other appropriate websites.
SEC. 108. RESEARCH ON DOMESTIC AND INTERNATIONAL TRAFFICKING IN
PERSONS.
(a) Integrated Database.--Section 112A of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7109a) is amended--
(1) in subsection (a), by amending paragraph (5) to read as
follows:
``(5) <<NOTE: Deadline.>> An effective mechanism for
quantifying the number of victims of trafficking on a national,
regional, and international basis, which shall include, not
later than 2 years after the date of the enactment of the
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008, the establishment and maintenance
of an integrated database within the Human Smuggling and
Trafficking Center.''; and
(2) by amending subsection (b) to read as follows:
``(b) Role of Human Smuggling and Trafficking Center.--
``(1) In general.--The research initiatives described in
paragraphs (4) and (5) of subsection (a) shall be carried out by
the Human Smuggling and Trafficking Center, established under
section 7202 of the 9/11 Commission Implementation Act of 2004
(8 U.S.C. 1777).
``(2) Database.--The database described in subsection (a)(5)
shall be established by combining all applicable data collected
by each Federal department and agency represented on the
Interagency Task Force to Monitor and Combat Trafficking,
consistent with the protection of sources and methods, and, to
the maximum extent practicable, applicable data from relevant
international organizations, to--
``(A) improve the coordination of the collection of
data related to trafficking in persons by each agency of
the United States Government that collects such data;
``(B) promote uniformity of such data collection and
standards and systems related to such collection;
``(C) undertake a meta-analysis of patterns of
trafficking in persons, slavery, and slave-like
conditions to develop and analyze global trends in human
trafficking;
``(D) identify emerging issues in human trafficking
and establishing integrated methods to combat them; and
``(E) identify research priorities to respond to
global patterns and emerging issues.
``(3) Consultation.--The database established in accordance
with paragraph (2) shall be maintained in consultation
[[Page 122 STAT. 5051]]
with the Director of the Office to Monitor and Combat
Trafficking in Persons of the Department of State.
``(4) Authorization of appropriations.--There are authorized
to be appropriated $2,000,000 to the Human Smuggling and
Trafficking Center for each of the fiscal years 2008 through
2011 to carry out the activities described in this
subsection.''.
(b) Report.--Section 110(b)(1) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7107(b)(1)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(E) reporting and analysis on the emergence or
shifting of global patterns in human trafficking,
including data on the number of victims trafficked to,
through, or from major source and destination countries,
disaggregated by nationality, gender, and age, to the
extent possible; and
``(F) emerging issues in human trafficking.''.
SEC. 109. PRESIDENTIAL AWARD FOR EXTRAORDINARY EFFORTS TO COMBAT
TRAFFICKING IN PERSONS.
The Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et
seq.) is amended by inserting after section 112A the following:
``SEC. 112B. <<NOTE: 22 USC 7109b.>> PRESIDENTIAL AWARD FOR
EXTRAORDINARY EFFORTS TO COMBAT
TRAFFICKING IN PERSONS.
``(a) Establishment of Award.--The President is authorized to
establish an award, to be known as the `Presidential Award for
Extraordinary Efforts To Combat Trafficking in Persons', for
extraordinary efforts to combat trafficking in persons. To the maximum
extent practicable, the Secretary of State shall present the award
annually to not more than 5 individuals or organizations, including--
``(1) individuals who are United States citizens or foreign
nationals; and
``(2) United States or foreign nongovernmental
organizations.
``(b) Selection.-- <<NOTE: Procedures.>> The President shall
establish procedures for selecting recipients of the award authorized
under subsection (a).
``(c) Ceremony.--The Secretary of State shall host an annual
ceremony for recipients of the award authorized under subsection (a) as
soon as practicable after the date on which the Secretary submits to
Congress the report required under section 110(b)(1). The Secretary of
State may pay the travel costs of each recipient and a guest of each
recipient who attends the ceremony.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated, for each of the fiscal years 2008 through 2011, such sums
as may be necessary to carry out this section.''.
SEC. 110. REPORT ON ACTIVITIES OF THE DEPARTMENT OF LABOR TO
MONITOR AND COMBAT FORCED LABOR AND CHILD
LABOR.
(a) Final Report; Public Availability of List.--Not later than
January 15, 2010, the Secretary of Labor shall--
(1) submit to the appropriate congressional committees a
final report that--
[[Page 122 STAT. 5052]]
(A) describes the implementation of section 105(b)
of the Trafficking Victims Protection Reauthorization
Act of 2005 (22 U.S.C. 7103(b)); and
(B) includes an initial list of goods described in
paragraph (2)(C) of such section; and
(2) make the list of goods described in paragraph (1)(B)
available to the public.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' has the meaning given
the term in section 103 of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102).
SEC. 111. SENSE OF CONGRESS REGARDING MULTILATERAL FRAMEWORK
BETWEEN LABOR EXPORTING AND LABOR
IMPORTING COUNTRIES.
It is the sense of Congress that the Secretary of State, in
conjunction with the International Labour Organization, the United
Nations Office of Drug and Crime Prevention, and other relevant
international and nongovernmental organizations, should seek to
establish a multilateral framework between labor exporting and labor
importing countries to ensure that workers migrating between such
countries are protected from trafficking in persons.
TITLE II--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES
Subtitle A--Ensuring Availability of Possible Witnesses and Informants
SEC. 201. PROTECTING TRAFFICKING VICTIMS AGAINST RETALIATION.
(a) T Visas.--Section 101(a)(15)(T) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(T)) is amended--
(1) in clause (i)--
(A) in the matter preceding subclause (I), by
striking ``Security and the Attorney General jointly;''
and inserting ``Security, in consultation with the
Attorney General,'';
(B) in subclause (I), by striking the comma at the
end and inserting a semicolon;
(C) in subclause (II), by adding at the end the
following: ``including physical presence on account of
the alien having been allowed entry into the United
States for participation in investigative or judicial
processes associated with an act or a perpetrator of
trafficking;'';
(D) in subclause (III)--
(i) in item (aa), by striking ``or'' at the
end;
(ii) by redesignating item (bb) as item (cc);
(iii) by inserting after item (aa) the
following:
``(bb) in consultation with the Attorney General, as
appropriate, is unable to cooperate with a request
described in item (aa) due to physical or psychological
trauma; or''; and
(iv) in item (cc), as redesignated, by
striking ``, and'' at the end and inserting ``;
and''; and
(E) in subclause (IV), by adding ``and'' at the end;
(2) in clause (ii)--
[[Page 122 STAT. 5053]]
(A) in subclause (I), by striking ``or'' at the end;
(B) in subclause (II), by striking ``and'' at the
end and inserting ``or''; and
(C) by adding at the end the following:
``(III) any parent or unmarried sibling under 18
years of age of an alien described in subclause (I) or
(II) who the Secretary of Homeland Security, in
consultation with the law enforcement officer
investigating a severe form of trafficking, determines
faces a present danger of retaliation as a result of the
alien's escape from the severe form of trafficking or
cooperation with law enforcement.''; and
(3) by striking clause (iii).
(b) Requirements for T Visa Issuance.--Section 214(o)(7) of the
Immigration and Nationality Act (8 U.S.C. 1184(o)(7)) is amended--
(1) in subparagraph (B)--
(A) by striking ``subparagraph (A) if a Federal''
and inserting the following: ``subparagraph (A) if--
``(i) a Federal'';
(B) by striking the period at the end and inserting
a semicolon; and
(C) by adding at the end the following:
``(ii) the alien is eligible for relief under section 245(l)
and is unable to obtain such relief because regulations have not
been issued to implement such section; or
``(iii) the Secretary of Homeland Security determines that
an extension of the period of such nonimmigrant status is
warranted due to exceptional circumstances.''; and
(2) by adding at the end the following:
``(C) Nonimmigrant status under section 101(a)(15)(T) shall be
extended during the pendency of an application for adjustment of status
under section 245(l).''.
(c) Conditions on Nonimmigrant Status for Certain Crime Victims.--
Section 214(p)(6) of the Immigration and Nationality Act (8 U.S.C.
1184(p)(6)) is amended by adding at the end the following: ``The
Secretary of Homeland Security may extend, beyond the 4-year period
authorized under this section, the authorized period of status of an
alien as a nonimmigrant under section 101(a)(15)(U) if the Secretary
determines that an extension of such period is warranted due to
exceptional circumstances. Such alien's nonimmigrant status shall be
extended beyond the 4-year period authorized under this section if the
alien is eligible for relief under section 245(m) and is unable to
obtain such relief because regulations have not been issued to implement
such section and shall be extended during the pendency of an application
for adjustment of status under section 245(m). The Secretary may grant
work authorization to any alien who has a pending, bona fide application
for nonimmigrant status under section 101(a)(15)(U).''.
(d) Adjustment of Status for Trafficking Victims.--Section 245(l) of
the Immigration and Nationality Act (8 U.S.C. 1255(l)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``the Attorney General,,'' and inserting ``in
the opinion of the Secretary of Homeland Security, in
consultation with the Attorney General, as
appropriate'';
(B) in subparagraph (B)--
[[Page 122 STAT. 5054]]
(i) by inserting ``subject to paragraph (6),''
after ``(B)''; and
(ii) by striking ``, and'' and inserting ``;
and''; and
(C) in subparagraph (C)--
(i) in clause (i), by striking ``, or'' and
inserting a semicolon;
(ii) in clause (ii), by striking ``, or in the
case of subparagraph (C)(i), the Attorney General,
as appropriate''; and
(iii) by striking the period at the end and
inserting the following: ``; or
``(iii) was younger than 18 years of age at
the time of the victimization qualifying the alien
for relief under section 101(a)(15)(T).'';
(2) in paragraph (3), by striking the period at the end and
inserting the following: ``, unless--
``(A) the absence was necessary to assist in the
investigation or prosecution described in paragraph (1)(A); or
``(B) an official involved in the investigation or
prosecution certifies that the absence was otherwise
justified.''; and
(3) by adding at the end the following:
``(6) <<NOTE: Waiver authority.>> For purposes of paragraph (1)(B),
the Secretary of Homeland Security may waive consideration of a
disqualification from good moral character with respect to an alien if
the disqualification was caused by, or incident to, the trafficking
described in section 101(a)(15)(T)(i)(I).
``(7) The Secretary of Homeland Security shall permit aliens to
apply for a waiver of any fees associated with filing an application for
relief through final adjudication of the adjustment of status for a VAWA
self-petitioner and for relief under sections 101(a)(15)(T),
101(a)(15)(U), 106, 240A(b)(2), and 244(a)(3) (as in effect on March 31,
1997).''.
(e) Adjustment of Status for Crime Victims.--Section 245(m) of the
Immigration and Nationality Act (8 U.S.C. 1255(m)) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``unless the Attorney General'' and inserting
``unless the Secretary''; and
(2) by adding at the end the following:
``(5)(A) The Secretary <<NOTE: Consultation.>> of Homeland Security
shall consult with the Attorney General, as appropriate, in making a
determination under paragraph (1) whether affirmative evidence
demonstrates that the alien unreasonably refused to provide assistance
to a Federal law enforcement official, Federal prosecutor, Federal
judge, or other Federal authority investigating or prosecuting criminal
activity described in section 101(a)(15)(U)(iii).
``(B) Nothing in paragraph (1)(B) may be construed to prevent the
Secretary from consulting with the Attorney General in making a
determination whether affirmative evidence demonstrates that the alien
unreasonably refused to provide assistance to a State or local law
enforcement official, State or local prosecutor, State or local judge,
or other State or local authority investigating or prosecuting criminal
activity described in section 101(a)(15)(U)(iii).''.
(f) <<NOTE: 8 USC 1101 note.>> Effective Date.--The amendments made
by this section shall--
(1) take effect on the date of enactment of the Act; and
[[Page 122 STAT. 5055]]
(2) <<NOTE: Applicability.>> apply to applications for
immigration benefits filed on or after such date.
SEC. 202. <<NOTE: 8 USC 1375b.>> PROTECTIONS FOR DOMESTIC WORKERS
AND OTHER NONIMMIGRANTS.
(a) Information Pamphlet.--
(1) Development and distribution.--The Secretary of State,
in consultation with the Secretary of Homeland Security, the
Attorney General, and the Secretary of Labor, shall develop an
information pamphlet on legal rights and resources for aliens
applying for employment- or education-based nonimmigrant visas.
(2) Consultation.--In developing the information pamphlet
under paragraph (1), the Secretary of State shall consult with
nongovernmental organizations with expertise on the legal rights
of workers and victims of severe forms of trafficking in
persons.
(b) Contents.--The information pamphlet developed under subsection
(a) shall include information concerning items such as--
(1) the nonimmigrant visa application processes, including
information about the portability of employment;
(2) the legal rights of employment or education-based
nonimmigrant visa holders under Federal immigration, labor, and
employment law;
(3) the illegality of slavery, peonage, trafficking in
persons, sexual assault, extortion, blackmail, and worker
exploitation in the United States;
(4) the legal rights of immigrant victims of trafficking in
persons and worker exploitation, including--
(A) the right of access to immigrant and labor
rights groups;
(B) the right to seek redress in United States
courts;
(C) the right to report abuse without retaliation;
(D) the right of the nonimmigrant to relinquish
possession of his or her passport to his or her
employer;
(E) the requirement of an employment contract
between the employer and the nonimmigrant; and
(F) an explanation of the rights and protections
included in the contract described in subparagraph (E);
and
(5) information about nongovernmental organizations that
provide services for victims of trafficking in persons and
worker exploitation, including--
(A) anti-trafficking in persons telephone hotlines
operated by the Federal Government;
(B) the Operation Rescue and Restore hotline; and
(C) a general description of the types of victims
services available for individuals subject to
trafficking in persons or worker exploitation.
(c) Translation.--
(1) In general.--To best serve the language groups having
the greatest concentration of employment-based nonimmigrant
visas, the Secretary of State shall translate the information
pamphlet developed under subsection (a) into all relevant
foreign languages, to be determined by the Secretary based on
the languages spoken by the greatest concentrations of
employment- or education-based nonimmigrant visa applicants.
[[Page 122 STAT. 5056]]
(2) Revision.-- <<NOTE: Deadline.>> Every 2 years, the
Secretary of State, in consultation with the Attorney General
and the Secretary of Homeland Security, shall determine the
specific languages into which the information pamphlet will be
translated based on the languages spoken by the greatest
concentrations of employment- or education-based nonimmigrant
visa applicants.
(d) Availability and Distribution.--
(1) Posting on federal websites.--The information pamphlet
developed under subsection (a) shall be posted on the websites
of the Department of State, the Department of Homeland Security,
the Department of Justice, the Department of Labor, and all
United States consular posts processing applications for
employment- or education-based nonimmigrant visas.
(2) Other distribution.--The information pamphlet developed
under subsection (a) shall be made available to any--
(A) government agency;
(B) nongovernmental advocacy organization; or
(C) foreign labor broker doing business in the
United States.
(3) Deadline for pamphlet development and distribution.--Not
later than 180 days after the date of the enactment of this Act,
the Secretary of State shall distribute and make available the
information pamphlet developed under subsection (a) in all the
languages referred to in subsection (c).
(e) Responsibilities of Consular Officers of the Department of
State.--
(1) Interviews.--A consular officer conducting an interview
of an alien for an employment-based nonimmigrant visa shall--
(A)(i) confirm that the alien has received, read,
and understood the contents of the pamphlet described in
subsections (a) and (b); and
(ii) if the alien has not received, read, or
understood the contents of the pamphlet described in
subsections (a) and (b), distribute and orally disclose
to the alien the information described in paragraphs (2)
and (3) in a language that the alien understands; and
(B) offer to answer any questions the alien may have
regarding the contents of the pamphlet described in
subsections (a) and (b).
(2) Legal rights.--The consular officer shall disclose to
the alien--
(A) the legal rights of employment-based
nonimmigrants under Federal immigration, labor, and
employment laws;
(B) the illegality of slavery, peonage, trafficking
in persons, sexual assault, extortion, blackmail, and
worker exploitation in the United States; and
(C) the legal rights of immigrant victims of
trafficking in persons, worker exploitation, and other
related crimes, including--
(i) the right of access to immigrant and labor
rights groups;
(ii) the right to seek redress in United
States courts; and
(iii) the right to report abuse without
retaliation.
(3) Victim services.--In carrying out the disclosure
requirement under this subsection, the consular officer shall
[[Page 122 STAT. 5057]]
disclose to the alien the availability of services for victims
of human trafficking and worker exploitation in the United
States, including victim services complaint hotlines.
(f) Definitions.--In this section:
(1) Employment- or education-based nonimmigrant visa.--The
term ``employment- or education-based nonimmigrant visa''
means--
(A) a nonimmigrant visa issued under subparagraph
(A)(iii), (G)(v), (H), or (J) of section 101(a)(15) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)); and
(B) any nonimmigrant visa issued to a personal or
domestic servant who is accompanying or following to
join an employer.
(2) Severe forms of trafficking in persons.--The term
``severe forms of trafficking in persons'' has the meaning given
the term in section 103 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102).
(3) Secretary.--The term ``Secretary'' means the Secretary
of State.
(4) Abusing and exploiting.--The term ``abusing and
exploiting'' means any conduct which would constitute a
violation of section 1466A, 1589, 1591, 1592, 2251, or 2251A of
title 18, United States Code.
SEC. 203. <<NOTE: 8 USC 1375c.>> PROTECTIONS, REMEDIES, AND
LIMITATIONS ON ISSUANCE FOR A-3 AND G-5
VISAS.
(a) Limitations on Issuance of A-3 and G-5 Visas.--
(1) Contract requirement.--Notwithstanding any other
provision of law, the Secretary of State may not issue--
(A) an A-3 visa unless the applicant is employed, or
has signed a contract to be employed containing the
requirements set forth in subsection (d)(2), by an
officer of a diplomatic mission or consular post; or
(B) a G-5 visa unless the applicant is employed, or
has signed a contract to be employed by an employee in
an international organization.
(2) Suspension requirement.--Notwithstanding any other
provision of law, the Secretary shall suspend, for such period
as the Secretary determines necessary, the issuance of A-3 visas
or G-5 visas to applicants seeking to work for officials of a
diplomatic mission or an international organization, if the
Secretary determines that there is credible evidence that 1 or
more employees of such mission or international organization
have abused or exploited 1 or more nonimmigrants holding an A-3
visa or a G-5 visa, and that the diplomatic mission or
international organization tolerated such actions.
(3) Action by diplomatic missions or international
organizations.--The Secretary may suspend the application of the
limitation under paragraph (2) if the Secretary determines and
reports to the appropriate congressional committees that a
mechanism is in place to ensure that such abuse or exploitation
does not reoccur with respect to any alien employed by an
employee of such mission or institution.
(b) Protections and Remedies for A-3 and G-5 Nonimmigrants Employed
by Diplomats and Staff of International Organizations.--
[[Page 122 STAT. 5058]]
(1) In general.--The Secretary may not issue or renew an A-3
visa or a G-5 visa unless--
(A) the visa applicant has executed a contract with
the employer or prospective employer containing
provisions described in paragraph (2); and
(B) a consular officer has conducted a personal
interview with the applicant outside the presence of the
employer or any recruitment agent in which the officer
reviewed the terms of the contract and the provisions of
the pamphlet required under section 202.
(2) Mandatory contract.--The contract between the employer
and domestic worker required under paragraph (1) shall include--
(A) an agreement by the employer to abide by all
Federal, State, and local laws in the United States;
(B) information on the frequency and form of
payment, work duties, weekly work hours, holidays, sick
days, and vacation days; and
(C) an agreement by the employer not to withhold the
passport, employment contract, or other personal
property of the employee.
(3) Training of consular officers.--The Secretary shall
provide appropriate training to consular officers on the fair
labor standards described in the pamphlet required under section
202, trafficking in persons, and the provisions of this section.
(4) Record keeping.--
(A) In general.--The Secretary shall maintain
records on the presence of nonimmigrants holding an A-3
visa or a G-5 visa in the United States, including--
(i) information about when the nonimmigrant
entered and permanently exited the country of
residence;
(ii) the official title, contact information,
and immunity level of the employer; and
(iii) information regarding any allegations of
employer abuse received by the Department of
State.
(c) Protection From Removal During Legal Actions Against Former
Employers.--
(1) Remaining in the united states to seek legal redress.--
(A) Effect of complaint filing.--Except as provided
in subparagraph (B), if a nonimmigrant holding an A-3
visa or a G-5 visa working in the United States files a
civil action under section 1595 of title 18, United
States Code, or a civil action regarding a violation of
any of the terms contained in the contract or violation
of any other Federal, State, or local law in the United
States governing the terms and conditions of employment
of the nonimmigrant that are associated with acts
covered by such section, the Attorney General and the
Secretary of Homeland Security shall permit the
nonimmigrant to remain legally in the United States for
time sufficient to fully and effectively participate in
all legal proceedings related to such action.
(B) Exception.--An alien described in subparagraph
(A) may be deported before the conclusion of the legal
[[Page 122 STAT. 5059]]
proceedings related to a civil action described in such
subparagraph if such alien is--
(i) inadmissible under paragraph
(2)(A)(i)(II), (2)(B), (2)(C), (2)(E), (2)(H),
(2)(I), (3)(A)(i), (3)(A)(iii), (3)(B), (3)(C), or
(3)(F) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)); or
(ii) deportable under paragraph (2)(A)(ii),
(2)(A)(iii), (4)(A)(i), (4)(A)(iii), (4)(B), or
(4)(C) of section 237(a) of such Act (8 U.S.C.
1227(a)).
(C) Failure to exercise due diligence.--If the
Secretary of Homeland Security, after consultation with
the Attorney General, determines that the nonimmigrant
holding an A-3 visa or a G-5 visa has failed to exercise
due diligence in pursuing an action described in
subparagraph (A), the Secretary may terminate the status
of the A-3 or G-5 nonimmigrant.
(2) Authorization to work.--The Attorney General and the
Secretary of Homeland Security shall authorize any nonimmigrant
described in paragraph (1) to engage in employment in the United
States during the period the nonimmigrant is in the United
States pursuant to paragraph (1).
(d) Study and Report.--
(1) Investigation report.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, and every 2 years
thereafter for the following 10 years, the Secretary
shall submit a report to the appropriate congressional
committees on the implementation of this section.
(B) Contents.--The report submitted under
subparagraph (A) shall include--
(i) an assessment of the actions taken by the
Department of State and the Department of Justice
to investigate allegations of trafficking or abuse
of nonimmigrants holding an A-3 visa or a G-5
visa; and
(ii) the results of such investigations.
(2) Feasibility of oversight of employees of diplomats and
representatives of other institutions report.--Not later than
180 days after the date of the enactment of this Act, the
Secretary shall submit a report to the appropriate congressional
committees on the feasibility of--
(A) establishing a system to monitor the treatment
of nonimmigrants holding an A-3 visa or a G-5 visa who
have been admitted to the United States;
(B) a range of compensation approaches, such as a
bond program, compensation fund, or insurance scheme, to
ensure that such nonimmigrants receive appropriate
compensation if their employers violate the terms of
their employment contracts; and
(C) with respect to each proposed compensation
approach described in subparagraph (B), an evaluation
and proposal describing the proposed processes for--
(i) adjudicating claims of rights violations;
(ii) determining the level of compensation;
and
(iii) administering the program, fund, or
scheme.
(e) Assistance to Law Enforcement Investigations.--The Secretary
shall cooperate, to the fullest extent possible consistent
[[Page 122 STAT. 5060]]
with the United States obligations under the Vienna Convention on
Diplomatic Relations, done at Vienna, April 18, 1961, (23 U.S.T. 3229),
with any investigation by United States law enforcement authorities of
crimes related to abuse or exploitation of a nonimmigrant holding an A-3
visa or a G-5 visa.
(f) Definitions.--In this section:
(1) A-3 visa.--The term ``A-3 visa'' means a nonimmigrant
visa issued pursuant to section 101(a)(15)(A)(iii) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A)(iii)).
(2) G-5 visa.--The term ``G-5 visa'' means a nonimmigrant
visa issued pursuant to section 101(a)(15)(G)(v) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(G)(v)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of State.
(4) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on the Judiciary of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on the Judiciary of the Senate.
SEC. 204. RELIEF FOR CERTAIN VICTIMS PENDING ACTIONS ON PETITIONS
AND APPLICATIONS FOR RELIEF.
Section 237 of the Immigration and Nationality Act (8 U.S.C. 1227)
is amended by adding at the end the following:
``(d)(1) If the Secretary of Homeland Security determines that an
application for nonimmigrant status under subparagraph (T) or (U) of
section 101(a)(15) filed for an alien in the United States sets forth a
prima facie case for approval, the Secretary may grant the alien an
administrative stay of a final order of removal under section 241(c)(2)
until--
``(A) the application for nonimmigrant status under such
subparagraph (T) or (U) is approved; or
``(B) there is a final administrative denial of the
application for such nonimmigrant status after the exhaustion of
administrative appeals.
``(2) The denial of a request for an administrative stay of removal
under this subsection shall not preclude the alien from applying for a
stay of removal, deferred action, or a continuance or abeyance of
removal proceedings under any other provision of the immigration laws of
the United States.
``(3) During any period in which the administrative stay of removal
is in effect, the alien shall not be removed.
``(4) Nothing in this subsection may be construed to limit the
authority of the Secretary of Homeland Security or the Attorney General
to grant a stay of removal or deportation in any case not described in
this subsection.''.
SEC. 205. EXPANSION OF AUTHORITY TO PERMIT CONTINUED PRESENCE IN
THE UNITED STATES.
(a) Expansion of Authority.--
(1) In general.--Section 107(c)(3) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7105(c)(3)) is amended
to read as follows:
``(3) Authority to permit continued presence in the united
states.--
``(A) Trafficking victims.--
[[Page 122 STAT. 5061]]
``(i) In general.--If a Federal law
enforcement official files an application stating
that an alien is a victim of a severe form of
trafficking and may be a potential witness to such
trafficking, the Secretary of Homeland Security
may permit the alien to remain in the United
States to facilitate the investigation and
prosecution of those responsible for such crime.
``(ii) Safety.--While investigating and
prosecuting suspected traffickers, Federal law
enforcement officials described in clause (i)
shall endeavor to make reasonable efforts to
protect the safety of trafficking victims,
including taking measures to protect trafficked
persons and their family members from
intimidation, threats of reprisals, and reprisals
from traffickers and their associates.
``(iii) Continuation of presence.--The
Secretary shall permit an alien described in
clause (i) who has filed a civil action under
section 1595 of title 18, United States Code, to
remain in the United States until such action is
concluded. If the Secretary, in consultation with
the Attorney General, determines that the alien
has failed to exercise due diligence in pursuing
such action, the Secretary may revoke the order
permitting the alien to remain in the United
States.
``(iv) Exception.--Notwithstanding clause
(iii), an alien described in such clause may be
deported before the conclusion of the
administrative and legal proceedings related to a
complaint described in such clause if such alien
is inadmissible under paragraph (2)(A)(i)(II),
(2)(B), (2)(C), (2)(E), (2)(H), (2)(I), (3)(A)(i),
(3)(A)(iii), (3)(B), or (3)(C) of section 212(a)
of the Immigration and Nationality Act (8 U.S.C.
1182(a)).
``(B) Parole for relatives.--Law enforcement
officials may submit written requests to the Secretary
of Homeland Security, in accordance with section
240A(b)(6) of the Immigration and Nationality Act (8
U.S.C. 1229b(b)(6)), to permit the parole into the
United States of certain relatives of an alien described
in subparagraph (A)(i).
``(C) State and local law enforcement.--The
Secretary of Homeland Security, in consultation with the
Attorney General, shall--
``(i) develop materials to assist State and
local law enforcement officials in working with
Federal law enforcement to obtain continued
presence for victims of a severe form of
trafficking in cases investigated or prosecuted at
the State or local level; and
``(ii) distribute the materials developed
under clause (i) to State and local law
enforcement officials.''.
(2) Effective date.-- <<NOTE: 22 USC 7105 note.>> The
amendment made by paragraph (1)--
(A) shall take effect on the date of the enactment
of this Act;
(B) <<NOTE: Applicability.>> shall apply to pending
requests for continued presence filed pursuant to
section 107(c)(3) of the Trafficking Victims Protection
Act (22 U.S.C. 7105(c)(3)) and requests filed on or
after such date; and
[[Page 122 STAT. 5062]]
(C) may not be applied to an alien who is not
present in the United States.
(b) Parole for Derivatives of Trafficking Victims.--Section 240A(b)
of the Immigration and Nationality Act (8 U.S.C. 1229b(b)) is amended by
adding at the end the following:
``(6) Relatives of trafficking victims.--
``(A) In general.--Upon written request by a law
enforcement official, the Secretary of Homeland Security
may parole under section 212(d)(5) any alien who is a
relative of an alien granted continued presence under
section 107(c)(3)(A) of the Trafficking Victims
Protection Act (22 U.S.C. 7105(c)(3)(A)), if the
relative--
``(i) was, on the date on which law
enforcement applied for such continued presence--
``(I) in the case of an alien
granted continued presence who is under
21 years of age, the spouse, child,
parent, or unmarried sibling under 18
years of age, of the alien; or
``(II) in the case of an alien
granted continued presence who is 21
years of age or older, the spouse or
child of the alien; or
``(ii) is a parent or sibling of the alien who
the requesting law enforcement official, in
consultation with the Secretary of Homeland
Security, as appropriate, determines to be in
present danger of retaliation as a result of the
alien's escape from the severe form of trafficking
or cooperation with law enforcement, irrespective
of age.
``(B) Duration of parole.--
``(i) In general.--The Secretary may extend
the parole granted under subparagraph (A) until
the final adjudication of the application filed by
the principal alien under section
101(a)(15)(T)(ii).
``(ii) Other limits on duration.--If an
application described in clause (i) is not filed,
the parole granted under subparagraph (A) may
extend until the later of--
``(I) the date on which the
principal alien's authority to remain in
the United States under section
107(c)(3)(A) of the Trafficking Victims
Protection Act (22 U.S.C. 7105(c)(3)(A))
is terminated; or
``(II) the date on which a civil
action filed by the principal alien
under section 1595 of title 18, United
States Code, is concluded.
``(iii) Due diligence.--Failure by the
principal alien to exercise due diligence in
filing a visa petition on behalf of an alien
described in clause (i) or (ii) of subparagraph
(A), or in pursuing the civil action described in
clause (ii)(II) (as determined by the Secretary of
Homeland Security in consultation with the
Attorney General), may result in revocation of
parole.
``(C) Other limitations.--A relative may not be
granted parole under this paragraph if--
``(i) the Secretary of Homeland Security or
the Attorney General has reason to believe that
the relative was knowingly complicit in the
trafficking of
[[Page 122 STAT. 5063]]
an alien permitted to remain in the United States
under section 107(c)(3)(A) of the Trafficking
Victims Protection Act (22 U.S.C. 7105(c)(3)(A));
or
``(ii) the relative is an alien described in
paragraph (2) or (3) of section 212(a) or
paragraph (2) or (4) of section 237(a).''.
Subtitle B--Assistance for Trafficking Victims
SEC. 211. ASSISTANCE FOR CERTAIN NONIMMIGRANT STATUS APPLICANTS.
(a) In General.--Section 431(c) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is
amended--
(1) in paragraph (2)(B), by striking ``or'' at the end;
(2) in paragraph (3)(B), by striking the period at the end
and inserting ``; or''; and
(3) by inserting after paragraph (3) the following:
``(4) an alien who has been granted nonimmigrant status
under section 101(a)(15)(T) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(T)) or who has a pending application
that sets forth a prima facie case for eligibility for such
nonimmigrant status.''.
(b) <<NOTE: Applicability. 8 USC 1641 note.>> Effective Date.--The
amendments made by subsection (a) shall apply to applications for public
benefits and public benefits provided on or after the date of the
enactment of this Act without regard to whether regulations have been
implemented to carry out such amendments.
SEC. 212. INTERIM ASSISTANCE FOR CHILDREN.
(a) In General.--Section 107(b)(1) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7105(b)(1)) is amended--
(1) in subparagraph (E)(i)(I), by inserting ``or is unable
to cooperate with such a request due to physical or
psychological trauma'' before the semicolon; and
(2) by adding at the end the following:
``(F) Eligibility for interim assistance of
children.--
``(i) Determination.--Upon receiving credible
information that a child described in subparagraph
(C)(ii)(I) who is seeking assistance under this
paragraph may have been subjected to a severe form
of trafficking in persons, the Secretary of Health
and Human Services shall promptly determine if the
child is eligible for interim assistance under
this paragraph. The Secretary shall have exclusive
authority to make interim eligibility
determinations under this clause. A determination
of interim eligibility under this clause shall not
affect the independent determination whether a
child is a victim of a severe form of trafficking.
``(ii) Notification.-- <<NOTE: Deadline.>> The
Secretary of Health and Human Services shall
notify the Attorney General and the Secretary of
Homeland Security not later than 24 hours after
all interim eligibility determinations have been
made under clause (i).
[[Page 122 STAT. 5064]]
``(iii) Duration.--Assistance under this
paragraph may be provided to individuals
determined to be eligible under clause (i) for a
period of up to 90 days and may be extended for an
additional 30 days.
``(iv) Long-term assistance for children.--
``(I) Eligibility determination.--
Before the expiration of the period for
interim assistance under clause (iii),
the Secretary of Health and Human
Services shall determine if the child
referred to in clause (i) is eligible
for assistance under this paragraph.
``(II) Consultation.--In making a
determination under subclause (I), the
Secretary shall consult with the
Attorney General, the Secretary of
Homeland Security, and nongovernmental
organizations with expertise on victims
of severe form of trafficking.
``(III) Letter of eligibility.--If
the Secretary, after receiving
information the Secretary believes,
taken as a whole, indicates that the
child is eligible for assistance under
this paragraph, the Secretary shall
issue a letter of eligibility. The
Secretary may not require that the child
cooperate with law enforcement as a
condition for receiving such letter of
eligibility.
``(G) Notification of children for interim
assistance.-- <<NOTE: Deadline.>> Not later than 24
hours after a Federal, State, or local official
discovers that a person who is under 18 years of age may
be a victim of a severe form of trafficking in persons,
the official shall notify the Secretary of Health and
Human Services to facilitate the provision of interim
assistance under subparagraph (F).''.
(b) Training of Government Personnel.--Section 107(c)(4) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(c)(4)) is
amended--
(1) by inserting ``, the Department of Homeland Security,
the Department of Health and Human Services,'' after ``the
Department of State''; and
(2) by inserting ``, including juvenile victims. The
Attorney General and the Secretary of Health and Human Services
shall provide training to State and local officials to improve
the identification and protection of such victims'' before the
period at the end.
SEC. 213. ENSURING ASSISTANCE FOR ALL VICTIMS OF TRAFFICKING IN
PERSONS.
(a) Amendments to Trafficking Victims Protection Act of 2000.--
(1) Assistance for united states citizens and lawful
permanent residents.--Section 107 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7105) is amended by inserting
after subsection (e) the following:
``(f) Assistance for United States Citizens and Lawful Permanent
Residents.--
``(1) In general.--The Secretary of Health and Human
Services and the Attorney General, in consultation with the
Secretary of Labor, shall establish a program to assist United
[[Page 122 STAT. 5065]]
States citizens and aliens lawfully admitted for permanent
residence (as defined in section 101(a)(20) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(20))) who are victims of
severe forms of trafficking. <<NOTE: Consultation.>> In
determining the assistance that would be most beneficial for
such victims, the Secretary and the Attorney General shall
consult with nongovernmental organizations that provide services
to victims of severe forms of trafficking in the United States.
``(2) Use of existing programs.--In addition to specialized
services required for victims described in paragraph (1), the
program established pursuant to paragraph (1) shall--
``(A) facilitate communication and coordination
between the providers of assistance to such victims;
``(B) provide a means to identify such providers;
and
``(C) provide a means to make referrals to programs
for which such victims are already eligible, including
programs administered by the Department of Justice and
the Department of Health and Human Services.
``(3) Grants.--
``(A) In general.--The Secretary of Health and Human
Services and the Attorney General may award grants to
States, Indian tribes, units of local government, and
nonprofit, nongovernmental victim service organizations
to develop, expand, and strengthen victim service
programs authorized under this subsection.
``(B) Maximum federal share.--The Federal share of a
grant awarded under this paragraph may not exceed 75
percent of the total costs of the projects described in
the application submitted by the grantee.''.
(2) Authorization of appropriations.--Section 113 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110) is
amended--
(A) in subsection (b)--
(i) by striking ``To carry out'' and inserting
the following:
``(1) Eligibility for benefits and assistance.--To carry
out''; and
(ii) by adding at the end the following:
``(2) Additional benefits for trafficking victims.--To carry
out the purposes of section 107(f), there are authorized to be
appropriated to the Secretary of Health and Human Services--
``(A) $2,500,000 for fiscal year 2008;
``(B) $5,000,0000 for fiscal year 2009;
``(C) $7,000,000 for fiscal year 2010; and
``(D) $7,000,000 for fiscal year 2011.''; and
(B) in subsection (d)--
(i) by striking ``To carry out the purposes of
section 107(b)'' and inserting the following:
``(A) Eligibility for benefits and assistance.--To
carry out the purposes of section 107(b)'';
(ii) by striking ``To carry out the purposes
of section 134'' and inserting the following:
``(B) Assistance to foreign countries.--To carry out
the purposes of section 134''; and
(iii) by adding at the end the following:
[[Page 122 STAT. 5066]]
``(C) Additional benefits for trafficking victims.--
To carry out the purposes of section 107(f), there are
authorized to be appropriated to the Attorney General--
``(i) $2,500,000 for fiscal year 2008;
``(ii) $5,000,0000 for fiscal year 2009;
``(iii) $7,000,000 for fiscal year 2010; and
``(iv) $7,000,000 for fiscal year 2011.''.
(3) Technical assistance.--Section 107(b)(2)(B)(ii) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7105(b)(2)(B)(ii)) is amended to read as follows:
``(ii) 5 percent for training and technical
assistance, including increasing capacity and
expertise on security for and protection of
service providers from intimidation or retaliation
for their activities.''.
(b) Study.--
(1) Requirement.-- <<NOTE: Deadline. Reports.>> Not later
than 1 year after the date of the enactment of this Act, the
Attorney General and the Secretary of Health and Human Services
shall submit a report to the appropriate congressional
committees that identifies the existence and extent of any
service gap between victims described in section 107(b)(1) of
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105)
and individuals described in section 107(f) of such Act, as
amended by section 213(a) of this Act.
(2) Elements.--In carrying out the study under subparagraph
(1), the Attorney General and the Secretary of Health and Human
Services shall--
(A) investigate factors relating to the legal
ability of the victims described in paragraph (1) to
access government-funded social services in general,
including the application of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1641(c)(5)) and the Illegal Immigration and
Immigrant Responsibility Act of 1996 (division C of
Public Law 104-208; 110 Stat. 3009 et seq.);
(B) investigate any other impediments to the access
of the victims described in paragraph (1) to government-
funded social services;
(C) investigate any impediments to the access of the
victims described in paragraph (1) to government-funded
services targeted to victims of severe forms of
trafficking;
(D) investigate the effect of trafficking service-
provider infrastructure development, continuity of care,
and availability of caseworkers on the eventual
restoration and rehabilitation of the victims described
in paragraph (1); and
(E) include findings, best practices, and
recommendations, if any, based on the study of the
elements described in subparagraphs (A) through (D) and
any other related information.
[[Page 122 STAT. 5067]]
Subtitle C--Penalties Against Traffickers and Other Crimes
SEC. 221. RESTITUTION OF FORFEITED ASSETS; ENHANCEMENT OF CIVIL
ACTION.
Chapter 77 of title 18, United States Code, is amended--
(1) in section 1593(b), by adding at the end the following:
``(4) The forfeiture of property under this subsection shall be
governed by the provisions of section 413 (other than subsection (d) of
such section) of the Controlled Substances Act (21 U.S.C. 853).''; and
(2) in section 1595--
(A) in subsection (a)--
(i) by striking ``of section 1589, 1590, or
1591''; and
(ii) by inserting ``(or whoever knowingly
benefits, financially or by receiving anything of
value from participation in a venture which that
person knew or should have known has engaged in an
act in violation of this chapter)'' after
``perpetrator''; and
(B) by adding at the end the following:
``(c) <<NOTE: Deadline.>> No action may be maintained under this
section unless it is commenced not later than 10 years after the cause
of action arose.''.
SEC. 222. ENHANCING PENALTIES FOR TRAFFICKING OFFENSES.
(a) Detention.--Section 3142(e) of title 18, United States Code, is
amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(2) by inserting ``(1)'' before ``If, after a hearing'';
(3) by inserting ``(2)'' before ``In a case'';
(4) by inserting ``(3)'' before ``Subject to rebuttal'';
(5) by striking ``paragraph (1) of this subsection'' each
place it appears and inserting ``subparagraph (A)'';
(6) in paragraph (3), as redesignated--
(A) by striking ``committed an offense'' and
inserting the following: ``committed--
``(A) an offense'';
(B) by striking ``46, an offense'' and inserting the
following: ``46;
``(B) an offense'';
(C) by striking ``title, or an offense'' and
inserting the following: ``title;
``(C) an offense''; and
(D) by striking ``prescribed or an offense'' and
inserting the following: ``prescribed;
``(D) an offense under chapter 77 of this title for which a
maximum term of imprisonment of 20 years or more is prescribed;
or
``(E) an offense''.
(b) Preventing Obstruction.--
(1) Enticement into slavery.--Section 1583 of title 18,
United States Code, is amended to read as follows:
[[Page 122 STAT. 5068]]
``Sec. 1583. Enticement into slavery
``(a) Whoever--
``(1) kidnaps or carries away any other person, with the
intent that such other person be sold into involuntary
servitude, or held as a slave;
``(2) entices, persuades, or induces any other person to go
on board any vessel or to any other place with the intent that
he or she may be made or held as a slave, or sent out of the
country to be so made or held; or
``(3) obstructs, or attempts to obstruct, or in any way
interferes with or prevents the enforcement of this section,
shall be fined under this title, imprisoned not more than 20 years, or
both.
``(b) Whoever violates this section shall be fined under this title,
imprisoned for any term of years or for life, or both if--
``(1) the violation results in the death of the victim; or
``(2) the violation includes kidnaping, an attempt to
kidnap, aggravated sexual abuse, an attempt to commit aggravated
sexual abuse, or an attempt to kill.''.
(2) Sale into involuntary servitude.--Section 1584 of such
title is amended--
(A) by striking ``Whoever'' and inserting the
following:
``(a) Whoever''; and
(B) by adding at the end the following:
``(b) Whoever obstructs, attempts to obstruct, or in any way
interferes with or prevents the enforcement of this section, shall be
subject to the penalties described in subsection (a).''.
(3) Punishing financial gain from trafficked labor.--Section
1589 of such title is amended to read as follows:
``SEC. 1589. FORCED LABOR.
``(a) Whoever knowingly provides or obtains the labor or services of
a person by any one of, or by any combination of, the following means--
``(1) by means of force, threats of force, physical
restraint, or threats of physical restraint to that person or
another person;
``(2) by means of serious harm or threats of serious harm to
that person or another person;
``(3) by means of the abuse or threatened abuse of law or
legal process; or
``(4) by means of any scheme, plan, or pattern intended to
cause the person to believe that, if that person did not perform
such labor or services, that person or another person would
suffer serious harm or physical restraint,
shall be punished as provided under subsection (d).
``(b) Whoever knowingly benefits, financially or by receiving
anything of value, from participation in a venture which has engaged in
the providing or obtaining of labor or services by any of the means
described in subsection (a), knowing or in reckless disregard of the
fact that the venture has engaged in the providing or obtaining of labor
or services by any of such means, shall be punished as provided in
subsection (d).
``(c) In this section:
``(1) The term `abuse or threatened abuse of law or legal
process' means the use or threatened use of a law or legal
process, whether administrative, civil, or criminal, in any
manner or for any purpose for which the law was not designed,
[[Page 122 STAT. 5069]]
in order to exert pressure on another person to cause that
person to take some action or refrain from taking some action.
``(2) The term `serious harm' means any harm, whether
physical or nonphysical, including psychological, financial, or
reputational harm, that is sufficiently serious, under all the
surrounding circumstances, to compel a reasonable person of the
same background and in the same circumstances to perform or to
continue performing labor or services in order to avoid
incurring that harm.
``(d) Whoever violates this section shall be fined under this title,
imprisoned not more than 20 years, or both. If death results from a
violation of this section, or if the violation includes kidnaping, an
attempt to kidnap, aggravated sexual abuse, or an attempt to kill, the
defendant shall be fined under this title, imprisoned for any term of
years or life, or both.''.
(4) Trafficking.--Section 1590 of such title is amended--
(A) by striking ``Whoever'' and inserting the
following:
``(a) Whoever''; and
(B) by adding at the end the following:
``(b) Whoever obstructs, attempts to obstruct, or in any way
interferes with or prevents the enforcement of this section, shall be
subject to the penalties under subsection (a).''.
(5) Sex trafficking of children.--Section 1591 of such title
is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``or
obtains'' and inserting ``obtains, or maintains'';
and
(ii) in the matter following paragraph (2), by
striking ``that force, fraud, or coercion
described in subsection (c)(2)'' and inserting ``,
or in reckless disregard of the fact, that means
of force, threats of force, fraud, coercion
described in subsection (e)(2), or any combination
of such means'';
(B) by redesignating subsection (c) as subsection
(e);
(C) in subsection (b)(1), by striking ``force,
fraud, or coercion'' and inserting ``means of force,
threats of force, fraud, or coercion described in
subsection (e)(2), or by any combination of such
means,'';
(D) by inserting after subsection (b) the following:
``(c) In a prosecution under subsection (a)(1) in which the
defendant had a reasonable opportunity to observe the person so
recruited, enticed, harbored, transported, provided, obtained or
maintained, the Government need not prove that the defendant knew that
the person had not attained the age of 18 years.
``(d) Whoever obstructs, attempts to obstruct, or in any way
interferes with or prevents the enforcement of this section, shall be
fined under this title, imprisoned for a term not to exceed 20 years, or
both.'';
(E) in subsection (e), as redesignated--
(i) by redesignating paragraph (3) as
paragraph (5);
(ii) by redesignating paragraph (1) as
paragraph (3);
(iii) by inserting before paragraph (2) the
following:
``(1) The term `abuse or threatened abuse of law or legal
process' means the use or threatened use of a law or legal
process, whether administrative, civil, or criminal, in any
[[Page 122 STAT. 5070]]
manner or for any purpose for which the law was not designed, in
order to exert pressure on another person to cause that person
to take some action or refrain from taking some action.''; and
(iv) by inserting after paragraph (3), as
redesignated, the following:
``(4) The term `serious harm' means any harm, whether
physical or nonphysical, including psychological, financial, or
reputational harm, that is sufficiently serious, under all the
surrounding circumstances, to compel a reasonable person of the
same background and in the same circumstances to perform or to
continue performing commercial sexual activity in order to avoid
incurring that harm.''.
(6) Unlawful conduct.--Section 1592 of such title is amended
by adding at the end the following:
``(c) Whoever obstructs, attempts to obstruct, or in any way
interferes with or prevents the enforcement of this section, shall be
subject to the penalties described in subsection (a).''.
(c) Holding Conspirators Accountable.--Section 1594 of title 18,
United States Code, is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Whoever conspires with another to violate section 1581, 1583,
1589, 1590, or 1592 shall be punished in the same manner as a completed
violation of such section.
``(c) Whoever conspires with another to violate section 1591 shall
be fined under this title, imprisoned for any term of years or for life,
or both.''.
(d) Benefitting Financially From Peonage, Slavery, and Trafficking
in Persons.--
(1) In general.--Chapter 77 of title 18, United States Code,
is amended by inserting after section 1593 the following:
``Sec. 1593A. Benefitting financially from peonage, slavery, and
trafficking in persons
``Whoever knowingly benefits, financially or by receiving anything
of value, from participation in a venture which has engaged in any act
in violation of section 1581(a), 1592, or 1595(a), knowing or in
reckless disregard of the fact that the venture has engaged in such
violation, shall be fined under this title or imprisoned in the same
manner as a completed violation of such section.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the item
relating to section 1593 the following:
``Sec. 1593A. Benefitting financially from peonage, slavery, and
trafficking in persons.''.
(e) Retaliation in Foreign Labor Contracting.--Chapter 63 of title
18, United States Code, is amended--
(1) in the chapter heading, by adding at the end the
following: ``AND OTHER FRAUD OFFENSES'';
(2) by adding at the end the following:
[[Page 122 STAT. 5071]]
``Sec. 1351. Fraud in foreign labor contracting
``Whoever knowingly and with intent to defraud recruits, solicits or
hires a person outside the United States for purposes of employment in
the United States by means of materially false or fraudulent pretenses,
representations or promises regarding that employment shall be fined
under this title or imprisoned for not more than 5 years, or both.'';
and
(3) in the table of sections, by inserting after the item
relating to section 1350 the following:
``1351. Fraud in foreign labor contracting.''.
(f) Tightening Immigration Prohibitions.--
(1) Ground of inadmissibility for trafficking.--Section
212(a)(2)(H)(i) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(2)(H)(i)) is amended by striking ``who is listed in a
report submitted pursuant to section 111(b) of the Trafficking
Victims Protection Act of 2000'' and inserting ``who commits or
conspires to commit human trafficking offenses in the United
States or outside the United States''.
(2) Ground of removability.--Section 237(a)(2) of such Act
(8 U.S.C. 1227(a)(2)) is amended by adding at the end the
following:
``(F) Trafficking.--Any alien described in section
212(a)(2)(H) is deportable.''.
(g) <<NOTE: 28 USC 994 note.>> Amendment to Sentencing
Guidelines.--Pursuant to its authority under section 994 of title 28,
United States Code, the United States Sentencing Commission shall review
and, if appropriate, amend the sentencing guidelines and policy
statements applicable to persons convicted of alien harboring to ensure
conformity with the sentencing guidelines applicable to persons
convicted of promoting a commercial sex act if--
(1) the harboring was committed in furtherance of
prostitution; and
(2) the defendant to be sentenced is an organizer, leader,
manager, or supervisor of the criminal activity.
SEC. 223. JURISDICTION IN CERTAIN TRAFFICKING OFFENSES.
(a) In General.--Chapter 77 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1596. Additional jurisdiction in certain trafficking
offenses
``(a) In General.--In addition to any domestic or extra-territorial
jurisdiction otherwise provided by law, the courts of the United States
have extra-territorial jurisdiction over any offense (or any attempt or
conspiracy to commit an offense) under section 1581, 1583, 1584, 1589,
1590, or 1591 if--
``(1) an alleged offender is a national of the United States
or an alien lawfully admitted for permanent residence (as those
terms are defined in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101)); or
``(2) an alleged offender is present in the United States,
irrespective of the nationality of the alleged offender.
``(b) Limitation on Prosecutions of Offenses Prosecuted in Other
Countries.--No prosecution may be commenced against a person under this
section if a foreign government, in accordance with jurisdiction
recognized by the United States, has prosecuted or is prosecuting such
person for the conduct constituting such
[[Page 122 STAT. 5072]]
offense, except upon the approval of the Attorney General or the Deputy
Attorney General (or a person acting in either such capacity), which
function of approval may not be delegated.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 77 of title 18, United States Code, is amended by adding at the
end the following:
``1596. Additional jurisdiction in certain trafficking offenses.''.
SEC. 224. BAIL CONDITIONS, SUBPOENAS, AND REPEAT OFFENDER
PENALTIES FOR SEX TRAFFICKING.
(a) Release and Detention.--Subsections (f)(1)(A) and (g)(1) of
section 3142 of title 18, United States Code, are amended by striking
``violence,'' each place such term appears and inserting ``violence, a
violation of section 1591,''.
(b) Subpoenas.--Section 3486(a)(1)(D) of title 18, United States
Code, is amended by inserting ``1591,'' after ``1201,''.
(c) Repeat Offenders.--Section 2426(b)(1)(A) of title 18, United
States Code, is amended, by striking ``or chapter 110'' and inserting
``chapter 110, or section 1591''.
SEC. 225. <<NOTE: 22 USC 7101 note.>> PROMOTING EFFECTIVE STATE
ENFORCEMENT.
(a) Relationship Among Federal and State Law.--Nothing in this Act,
the Trafficking Victims Protection Act of 2000, the Trafficking Victims
Protection Reauthorization Act of 2003, the Trafficking Victims
Protection Reauthorization Act of 2005, chapters 77 and 117 of title 18,
United States Code, or any model law issued by the Department of Justice
to carry out the purposes of any of the aforementioned statutes--
(1) may be construed to treat prostitution as a valid form
of employment under Federal law; or
(2) shall preempt, supplant, or limit the effect of any
State or Federal criminal law.
(b) Model State Criminal Provisions.--In addition to any model State
antitrafficking statutes in effect on the date of the enactment of this
Act, the Attorney General shall facilitate the promulgation of a model
State statute that--
(1) furthers a comprehensive approach to investigation and
prosecution through modernization of State and local
prostitution and pandering statutes; and
(2) is based in part on the provisions of the Act of August
15, 1935 (49 Stat. 651; D.C. Code 22-2701 et seq.) (relating to
prostitution and pandering).
(c) Distribution.--The model statute described in subsection (b) and
the text of chapter 27 of the Criminal Code of the District of Columbia
(D.C. Code 22-2701 et seq.) shall be--
(1) <<NOTE: Web site.>> posted on the website of the
Department of Justice; and
(2) distributed to the Attorney General of each State.
Subtitle D--Activities of the United States Government
SEC. 231. ANNUAL REPORT BY THE ATTORNEY GENERAL.
Section 105(d)(7) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7103(d)(7)) is amended--
(1) in subparagraph (A)--
[[Page 122 STAT. 5073]]
(A) by striking ``section 107(b)'' and inserting
``subsections (b) and (f) of section 107''; and
(B) by inserting ``the Attorney General,'' after
``the Secretary of Labor,'';
(2) in subparagraph (G), by striking ``and'' at the end;
(3) by redesignating subparagraph (H) as subparagraph (J);
and
(4) by inserting after subparagraph (G) the following:
``(H) activities by the Department of Defense to
combat trafficking in persons, including--
``(i) educational efforts for, and
disciplinary actions taken against, members of the
United States Armed Forces;
``(ii) the development of materials used to
train the armed forces of foreign countries; and
``(iii) efforts to ensure that United States
Government contractors and their employees or
United States Government subcontractors and their
employees do not engage in trafficking in persons;
``(I) activities or actions by Federal departments
and agencies to enforce--
``(i) section 106(g) and any similar law,
regulation, or policy relating to United States
Government contractors and their employees or
United States Government subcontractors and their
employees that engage in severe forms of
trafficking in persons, the procurement of
commercial sex acts, or the use of forced labor,
including debt bondage;
``(ii) section 307 of the Tariff Act of 1930
(19 U.S.C. 1307; relating to prohibition on
importation of convict-made goods), including any
determinations by the Secretary of Homeland
Security to waive the restrictions of such
section; and
``(iii) prohibitions on the procurement by the
United States Government of items or services
produced by slave labor, consistent with Executive
Order 13107 (December 10, 1998); and''.
SEC. 232. INVESTIGATION BY THE INSPECTORS GENERAL.
(a) In General.--For each of the fiscal years 2010 through 2012, the
Inspectors General of the Department of Defense, the Department of
State, and the United States Agency for International Development shall
investigate a sample of the contracts described in subsection (b).
(b) Contracts Described.--
(1) In general.--The contracts described in subsection (a)
are contracts, or subcontracts at any tier, under which there is
a heightened risk that a contractor may engage, knowingly or
unknowingly, in acts related to trafficking in persons, such
as--
(A) confiscation of an employee's passport;
(B) restriction on an employee's mobility;
(C) abrupt or evasive repatriation of an employee;
(D) deception of an employee regarding the work
destination; or
(E) acts otherwise described in section 106(g) of
the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7104).
[[Page 122 STAT. 5074]]
(2) Consultation and information received.--In determining
the type of contact that should be investigated pursuant to
subsection (a), the Inspectors General shall--
(A) consult with the Director of the Office to
Combat Trafficking in Persons of the Department of
State; and
(B) take into account any credible information
received regarding report of trafficking in persons.
(c) Congressional Notification.--
(1) In general.-- <<NOTE: Deadlines. Reports.>> Not later
than January 15, 2009, and annually thereafter through January
15, 2011, each Inspector General shall submit a report to the
congressional committees listed in paragraph (3)--
(A) summarizing the findings of the investigations
conducted in the previous year, including any findings
regarding trafficking in persons or any improvements
needed to prevent trafficking in persons; and
(B) in the case of any contractor or subcontractor
with regard to which the Inspector General has found
substantial evidence of trafficking in persons, report
as to--
(i) whether or not the case has been referred
for prosecution; and
(ii) whether or not the case has been treated
in accordance with section 106(g) of the
Trafficking Victims Protection Act of 2000 (22
U.S.C. 7104) (relating to termination of certain
grants, contracts and cooperative agreements).
(2) Joint report.--The Inspectors General described in
subsection (a) may submit their reports jointly.
(3) Congressional committees.--The committees list in this
paragraph are--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Armed Services of the House of
Representatives; and
(D) the Committee on Foreign Affairs of the House of
Representatives.
SEC. 233. SENIOR POLICY OPERATING GROUP.
Section 206 of the Trafficking Victims Protection Reauthorization
Act of 2005 (42 U.S.C. 14044d) is amended by striking ``, as the
department or agency determines appropriate,''.
SEC. 234. PREVENTING UNITED STATES TRAVEL BY TRAFFICKERS.
Section 212(a)(2)(H)(i) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(2)(H)(i)) is amended by striking ``consular officer'' and
inserting ``consular officer, the Secretary of Homeland Security, the
Secretary of State,''.
SEC. 235. <<NOTE: 8 USC 1232.>> ENHANCING EFFORTS TO COMBAT THE
TRAFFICKING OF CHILDREN.
(a) Combating Child Trafficking at the Border and Ports of Entry of
the United States.--
(1) Policies and procedures.--In order to enhance the
efforts of the United States to prevent trafficking in persons,
the Secretary of Homeland Security, in conjunction with the
Secretary of State, the Attorney General, and the Secretary of
Health and Human Services, shall develop policies and procedures
to ensure that unaccompanied alien children in the
[[Page 122 STAT. 5075]]
United States are safely repatriated to their country of
nationality or of last habitual residence.
(2) Special rules for children from contiguous countries.--
(A) Determinations.--Any unaccompanied alien child
who is a national or habitual resident of a country that
is contiguous with the United States shall be treated in
accordance with subparagraph (B), if the Secretary of
Homeland Security determines, on a case-by-case basis,
that--
(i) such child has not been a victim of a
severe form of trafficking in persons, and there
is no credible evidence that such child is at risk
of being trafficked upon return to the child's
country of nationality or of last habitual
residence;
(ii) such child does not have a fear of
returning to the child's country of nationality or
of last habitual residence owing to a credible
fear of persecution; and
(iii) the child is able to make an independent
decision to withdraw the child's application for
admission to the United States.
(B) Return.--An immigration officer who finds an
unaccompanied alien child described in subparagraph (A)
at a land border or port of entry of the United States
and determines that such child is inadmissible under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
may--
(i) permit such child to withdraw the child's
application for admission pursuant to section
235(a)(4) of the Immigration and Nationality Act
(8 U.S.C. 1225(a)(4)); and
(ii) return such child to the child's country
of nationality or country of last habitual
residence.
(C) Contiguous country agreements.--The Secretary of
State shall negotiate agreements between the United
States and countries contiguous to the United States
with respect to the repatriation of children. Such
agreements shall be designed to protect children from
severe forms of trafficking in persons, and shall, at a
minimum, provide that--
(i) no child shall be returned to the child's
country of nationality or of last habitual
residence unless returned to appropriate employees
or officials, including child welfare officials
where available, of the accepting country's
government;
(ii) no child shall be returned to the child's
country of nationality or of last habitual
residence outside of reasonable business hours;
and
(iii) border personnel of the countries that
are parties to such agreements are trained in the
terms of such agreements.
(3) Rule for other children.--The custody of unaccompanied
alien children not described in paragraph (2)(A) who are
apprehended at the border of the United States or at a United
States port of entry shall be treated in accordance with
subsection (b).
[[Page 122 STAT. 5076]]
(4) Screening.-- <<NOTE: Deadline.>> Within 48 hours of the
apprehension of a child who is believed to be described in
paragraph (2)(A), but in any event prior to returning such child
to the child's country of nationality or of last habitual
residence, the child shall be screened to determine whether the
child meets the criteria listed in paragraph (2)(A). If the
child does not meet such criteria, or if no determination can be
made within 48 hours of apprehension, the child shall
immediately be transferred to the Secretary of Health and Human
Services and treated in accordance with subsection (b). Nothing
in this paragraph may be construed to preclude an earlier
transfer of the child.
(5) Ensuring the safe repatriation of children.--
(A) Repatriation pilot program.--To protect children
from trafficking and exploitation, the Secretary of
State shall create a pilot program, in conjunction with
the Secretary of Health and Human Services and the
Secretary of Homeland Security, nongovernmental
organizations, and other national and international
agencies and experts, to develop and implement best
practices to ensure the safe and sustainable
repatriation and reintegration of unaccompanied alien
children into their country of nationality or of last
habitual residence, including placement with their
families, legal guardians, or other sponsoring agencies.
(B) Assessment of country conditions.--
<<NOTE: Consultation.>> The Secretary of Homeland
Security shall consult the Department of State's Country
Reports on Human Rights Practices and the Trafficking in
Persons Report in assessing whether to repatriate an
unaccompanied alien child to a particular country.
(C) Report on repatriation of unaccompanied alien
children.--Not later than 18 months after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State and the Secretary of Health and Human
Services, with assistance from the Secretary of Homeland
Security, shall submit a report to the Committee on the
Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives on efforts to
improve repatriation programs for unaccompanied alien
children. Such report shall include--
(i) the number of unaccompanied alien children
ordered removed and the number of such children
actually removed from the United States;
(ii) a statement of the nationalities, ages,
and gender of such children;
(iii) a description of the policies and
procedures used to effect the removal of such
children from the United States and the steps
taken to ensure that such children were safely and
humanely repatriated to their country of
nationality or of last habitual residence,
including a description of the repatriation pilot
program created pursuant to subparagraph (A);
(iv) a description of the type of immigration
relief sought and denied to such children;
(v) any information gathered in assessments of
country and local conditions pursuant to paragraph
(2); and
[[Page 122 STAT. 5077]]
(vi) statistical information and other data on
unaccompanied alien children as provided for in
section 462(b)(1)(J) of the Homeland Security Act
of 2002 (6 U.S.C. 279(b)(1)(J)).
(D) Placement in removal proceedings.--Any
unaccompanied alien child sought to be removed by the
Department of Homeland Security, except for an
unaccompanied alien child from a contiguous country
subject to exceptions under subsection (a)(2), shall
be--
(i) placed in removal proceedings under
section 240 of the Immigration and Nationality Act
(8 U.S.C. 1229a);
(ii) eligible for relief under section 240B of
such Act (8 U.S.C. 1229c) at no cost to the child;
and
(iii) provided access to counsel in accordance
with subsection (c)(5).
(b) Combating Child Trafficking and Exploitation in the United
States.--
(1) Care and custody of unaccompanied alien children.--
Consistent with section 462 of the Homeland Security Act of 2002
(6 U.S.C. 279), and except as otherwise provided under
subsection (a), the care and custody of all unaccompanied alien
children, including responsibility for their detention, where
appropriate, shall be the responsibility of the Secretary of
Health and Human Services.
(2) Notification.-- <<NOTE: Deadline.>> Each department or
agency of the Federal Government shall notify the Department of
Health and Human services within 48 hours upon--
(A) the apprehension or discovery of an
unaccompanied alien child; or
(B) any claim or suspicion that an alien in the
custody of such department or agency is under 18 years
of age.
(3) Transfers of unaccompanied alien children.--
<<NOTE: Deadline.>> Except in the case of exceptional
circumstances, any department or agency of the Federal
Government that has an unaccompanied alien child in custody
shall transfer the custody of such child to the Secretary of
Health and Human Services not later than 72 hours after
determining that such child is an unaccompanied alien child.
(4) Age determinations.-- <<NOTE: Procedures.>> The
Secretary of Health and Human Services, in consultation with the
Secretary of Homeland Security, shall develop procedures to make
a prompt determination of the age of an alien, which shall be
used by the Secretary of Homeland Security and the Secretary of
Health and Human Services for children in their respective
custody. At a minimum, these procedures shall take into account
multiple forms of evidence, including the non-exclusive use of
radiographs, to determine the age of the unaccompanied alien.
(c) Providing Safe and Secure Placements for Children.--
(1) Policies and programs.--The Secretary of Health and
Human Services, Secretary of Homeland Security, Attorney
General, and Secretary of State shall establish policies and
programs to ensure that unaccompanied alien children in the
United States are protected from traffickers and other persons
seeking to victimize or otherwise engage such children in
criminal, harmful, or exploitative activity, including policies
[[Page 122 STAT. 5078]]
and programs reflecting best practices in witness security
programs.
(2) Safe and secure placements.--Subject to section
462(b)(2) of the Homeland Security Act of 2002 (6 U.S.C.
279(b)(2)), an unaccompanied alien child in the custody of the
Secretary of Health and Human Services shall be promptly placed
in the least restrictive setting that is in the best interest of
the child. In making such placements, the Secretary may consider
danger to self, danger to the community, and risk of flight.
Placement of child trafficking victims may include placement in
an Unaccompanied Refugee Minor program, pursuant to section
412(d) of the Immigration and Nationality Act (8 U.S.C.
1522(d)), if a suitable family member is not available to
provide care. A child shall not be placed in a secure facility
absent a determination that the child poses a danger to self or
others or has been charged with having committed a criminal
offense. <<NOTE: Review.>> The placement of a child in a secure
facility shall be reviewed, at a minimum, on a monthly basis, in
accordance with procedures prescribed by the Secretary, to
determine if such placement remains warranted.
(3) Safety and suitability assessments.--
(A) In general.--Subject to the requirements of
subparagraph (B), an unaccompanied alien child may not
be placed with a person or entity unless the Secretary
of Health and Human Services makes a determination that
the proposed custodian is capable of providing for the
child's physical and mental well-being. Such
determination shall, at a minimum, include verification
of the custodian's identity and relationship to the
child, if any, as well as an independent finding that
the individual has not engaged in any activity that
would indicate a potential risk to the child.
(B) Home studies.--Before placing the child with an
individual, the Secretary of Health and Human Services
shall determine whether a home study is first necessary.
A home study shall be conducted for a child who is a
victim of a severe form of trafficking in persons, a
special needs child with a disability (as defined in
section 3 of the Americans with Disabilities Act of 1990
(42 U.S.C. 12102(2))), a child who has been a victim of
physical or sexual abuse under circumstances that
indicate that the child's health or welfare has been
significantly harmed or threatened, or a child whose
proposed sponsor clearly presents a risk of abuse,
maltreatment, exploitation, or trafficking to the child
based on all available objective evidence. The Secretary
of Health and Human Services shall conduct follow-up
services, during the pendency of removal proceedings, on
children for whom a home study was conducted and is
authorized to conduct follow-up services in cases
involving children with mental health or other needs who
could benefit from ongoing assistance from a social
welfare agency.
(C) Access to information.-- <<NOTE: Deadline.>> Not
later than 2 weeks after receiving a request from the
Secretary of Health and Human Services, the Secretary of
Homeland Security shall provide information necessary to
conduct suitability
[[Page 122 STAT. 5079]]
assessments from appropriate Federal, State, and local
law enforcement and immigration databases.
(4) Legal orientation presentations.--The Secretary of
Health and Human Services shall cooperate with the Executive
Office for Immigration Review to ensure that custodians receive
legal orientation presentations provided through the Legal
Orientation Program administered by the Executive Office for
Immigration Review. At a minimum, such presentations shall
address the custodian's responsibility to attempt to ensure the
child's appearance at all immigration proceedings and to protect
the child from mistreatment, exploitation, and trafficking.
(5) Access to counsel.--The Secretary of Health and Human
Services shall ensure, to the greatest extent practicable and
consistent with section 292 of the Immigration and Nationality
Act (8 U.S.C. 1362), that all unaccompanied alien children who
are or have been in the custody of the Secretary or the
Secretary of Homeland Security, and who are not described in
subsection (a)(2)(A), have counsel to represent them in legal
proceedings or matters and protect them from mistreatment,
exploitation, and trafficking. To the greatest extent
practicable, the Secretary of Health and Human Services shall
make every effort to utilize the services of pro bono counsel
who agree to provide representation to such children without
charge.
(6) Child advocates.--The Secretary of Health and Human
Services is authorized to appoint independent child advocates
for child trafficking victims and other vulnerable unaccompanied
alien children. A child advocate shall be provided access to
materials necessary to effectively advocate for the best
interest of the child. The child advocate shall not be compelled
to testify or provide evidence in any proceeding concerning any
information or opinion received from the child in the course of
serving as a child advocate. The child advocate shall be
presumed to be acting in good faith and be immune from civil and
criminal liability for lawful conduct of duties as described in
this provision.
(d) Permanent Protection for Certain At-Risk Children.--
(1) In general.--Section 101(a)(27)(J) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended--
(A) in clause (i), by striking ``State and who has
been deemed eligible by that court for long-term foster
care due to abuse, neglect, or abandonment;'' and
inserting ``State, or an individual or entity appointed
by a State or juvenile court located in the United
States, and whose reunification with 1 or both of the
immigrant's parents is not viable due to abuse, neglect,
abandonment, or a similar basis found under State
law;''; and
(B) in clause (iii)--
(i) in the matter preceding subclause (I), by
striking ``the Attorney General expressly consents
to the dependency order serving as a precondition
to the grant of special immigrant juvenile
status;'' and inserting ``the Secretary of
Homeland Security consents to the grant of special
immigrant juvenile status,''; and
(ii) in subclause (I), by striking ``in the
actual or constructive custody of the Attorney
General unless
[[Page 122 STAT. 5080]]
the Attorney General specifically consents to such
jurisdiction;'' and inserting ``in the custody of
the Secretary of Health and Human Services unless
the Secretary of Health and Human Services
specifically consents to such jurisdiction;''.
(2) Expeditious adjudication.-- <<NOTE: Deadline.>> All
applications for special immigrant status under section
101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(J)) shall be adjudicated by the Secretary of
Homeland Security not later than 180 days after the date on
which the application is filed.
(3) Adjustment of status.--Section 245(h)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1255(h)(2)(A)) is
amended to read as follows:
``(A) paragraphs (4), (5)(A), (6)(A), (6)(C),
(6)(D), (7)(A), and (9)(B) of section 212(a) shall not
apply; and''.
(4) Eligibility for assistance.--
(A) In general.--A child who has been granted
special immigrant status under section 101(a)(27)(J) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(J)) and who was either in the custody of the
Secretary of Health and Human Services at the time a
dependency order was granted for such child or who was
receiving services pursuant to section 501(a) of the
Refugee Education Assistance Act of 1980 (8 U.S.C. 1522
note) at the time such dependency order was granted,
shall be eligible for placement and services under
section 412(d) of the Immigration and Nationality Act (8
U.S.C. 1522(d)) until the earlier of--
(i) the date on which the child reaches the
age designated in section 412(d)(2)(B) of the
Immigration and Nationality Act (8 U.S.C.
1522(d)(2)(B)); or
(ii) the date on which the child is placed in
a permanent adoptive home.
(B) State reimbursement.--Subject to the
availability of appropriations, if State foster care
funds are expended on behalf of a child who is not
described in subparagraph (A) and has been granted
special immigrant status under section 101(a)(27)(J) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(J)), the Federal Government shall reimburse
the State in which the child resides for such
expenditures by the State.
(5) State courts acting in loco parentis.--A department or
agency of a State, or an individual or entity appointed by a
State court or juvenile court located in the United States,
acting in loco parentis, shall not be considered a legal
guardian for purposes of this section or section 462 of the
Homeland Security Act of 2002 (6 U.S.C. 279).
(6) Transition rule.--Notwithstanding any other provision of
law, an alien described in section 101(a)(27)(J) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)), as
amended by paragraph (1), may not be denied special immigrant
status under such section after the date of the enactment of
this Act based on age if the alien was a child on the date on
which the alien applied for such status.
(7) Access to asylum protections.--Section 208 of the
Immigration and Nationality Act (8 U.S.C. 1158) is amended--
[[Page 122 STAT. 5081]]
(A) in subsection (a)(2), by adding at the end the
following:
``(E) Applicability.--Subparagraphs (A) and (B)
shall not apply to an unaccompanied alien child (as
defined in section 462(g) of the Homeland Security Act
of 2002 (6 U.S.C. 279(g))).''; and
(B) in subsection (b)(3), by adding at the end the
following:
``(C) Initial jurisdiction.--An asylum officer (as
defined in section 235(b)(1)(E)) shall have initial
jurisdiction over any asylum application filed by an
unaccompanied alien child (as defined in section 462(g)
of the Homeland Security Act of 2002 (6 U.S.C. 279(g))),
regardless of whether filed in accordance with this
section or section 235(b).''.
(8) Specialized needs of unaccompanied alien children.--
Applications for asylum and other forms of relief from removal
in which an unaccompanied alien child is the principal applicant
shall be governed by regulations which take into account the
specialized needs of unaccompanied alien children and which
address both procedural and substantive aspects of handling
unaccompanied alien children's cases.
(e) Training.--The Secretary of State, the Secretary of Homeland
Security, the Secretary of Health and Human Services, and the Attorney
General shall provide specialized training to all Federal personnel, and
upon request, state and local personnel, who have substantive contact
with unaccompanied alien children. Such personnel shall be trained to
work with unaccompanied alien children, including identifying children
who are victims of severe forms of trafficking in persons, and children
for whom asylum or special immigrant relief may be appropriate,
including children described in subsection (a)(2).
(f) Amendments to the Homeland Security Act of 2002.--
(1) Additional responsibilities.--Section 462(b)(1)(L) of
the Homeland Security Act of 2002 (6 U.S.C. 279(b)(1)(L)) is
amended by striking the period at the end and inserting ``,
including regular follow-up visits to such facilities,
placements, and other entities, to assess the continued
suitability of such placements.''.
(2) Technical corrections.--Section 462(b) of such Act (6
U.S.C. 279(b)) is further amended--
(A) in paragraph (3), by striking ``paragraph
(1)(G),'' and inserting ``paragraph (1),''; and
(B) by adding at the end the following:
``(4) Rule of construction.--Nothing in paragraph (2)(B) may
be construed to require that a bond be posted for an
unaccompanied alien child who is released to a qualified
sponsor.''.
(g) Definition of Unaccompanied Alien Child.--For purposes of this
section, the term ``unaccompanied alien child'' has the meaning given
such term in section 462(g) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)).
(h) Effective Date.--This section--
(1) shall take effect on the date that is 90 days after the
date of the enactment of this Act; and
(2) <<NOTE: Applicability.>> shall also apply to all aliens
in the United States in pending proceedings before the
Department of Homeland
[[Page 122 STAT. 5082]]
Security or the Executive Office for Immigration Review, or
related administrative or Federal appeals, on the date of the
enactment of this Act.
(i) Grants and Contracts.--The Secretary of Health and Human
Services may award grants to, and enter into contracts with, voluntary
agencies to carry out this section and section 462 of the Homeland
Security Act of 2002 (6 U.S.C. 279).
SEC. 236. <<NOTE: 22 USC 212a.>> RESTRICTION OF PASSPORTS FOR SEX
TOURISM.
(a) In General.-- <<NOTE: Notification.>> Following any conviction
of an individual for a violation of section 2423 of title 18, United
States Code, the Attorney General shall notify in a timely manner--
(1) the Secretary of State for appropriate action under
subsection (b); and
(2) the Secretary of Homeland Security for appropriate
action under the Immigration and Nationality Act.
(b) Authority to Restrict Passport.--
(1) Ineligibility for passport.--
(A) In general.--The Secretary of State shall not
issue a passport or passport card to an individual who
is convicted of a violation of section 2423 of title 18,
United States Code, during the covered period if the
individual used a passport or passport card or otherwise
crossed an international border in committing the
offense.
(B) Passport revocation.--The Secretary of State
shall revoke a passport or passport card previously
issued to an individual described in subparagraph (A).
(2) Exceptions.--
(A) Emergency and humanitarian situations.--
Notwithstanding paragraph (1), the Secretary of State
may issue a passport or passport card, in emergency
circumstances or for humanitarian reasons, to an
individual described in paragraph (1)(A).
(B) Limitation for return to united states.--
Notwithstanding paragraph (1), the Secretary of State
may, prior to revocation, limit a previously issued
passport or passport card only for return travel to the
United States, or may issue a limited passport or
passport card that only permits return travel to the
United States.
(3) Definitions.--In this subsection--
(A) the term ``covered period'' means the period
beginning on the date on which an individual is
convicted of a violation of section 2423 of title 18,
United States Code, and ending on the later of--
(i) the date on which the individual is
released from a sentence of imprisonment relating
to the offense; and
(ii) the end of a period of parole or other
supervised release of the covered individual
relating to the offense; and
(B) the term ``imprisonment'' means being confined
in or otherwise restricted to a jail, prison, half-way
house, treatment facility, or another institution, on a
full or part-time basis, pursuant to the sentence
imposed as the result of a criminal conviction.
[[Page 122 STAT. 5083]]
SEC. 237. ADDITIONAL REPORTING ON CRIME.
(a) <<NOTE: 28 USC 534 note.>> Trafficking Offense Classification.--
The Director of the Federal Bureau of Investigation shall--
(1) classify the offense of human trafficking as a Part I
crime in the Uniform Crime Reports;
(2) to the extent feasible, establish subcategories for
State sex crimes that involve--
(A) a person who is younger than 18 years of age;
(B) the use of force, fraud or coercion; or
(C) neither of the elements described in
subparagraphs (A) and (B); and
(3) classify the offense of human trafficking as a Group A
offense for purpose of the National Incident-Based Reporting
System.
(b) <<NOTE: Revision. 28 USC 534 note.>> Additional Information.--
The Director of the Federal Bureau of Investigation shall revise the
Uniform Crime Reporting System and the National Incident-Based Reporting
System to distinguish between reports of--
(1) incidents of assisting or promoting prostitution, which
shall include crimes committed by persons who--
(A) do not directly engage in commercial sex acts;
and
(B) direct, manage, or profit from such acts, such
as State pimping and pandering crimes;
(2) incidents of purchasing prostitution, which shall
include crimes committed by persons who purchase or attempt to
purchase or trade anything of value for commercial sex acts; and
(3) incidents of prostitution, which shall include crimes
committed by persons providing or attempting to provide
commercial sex acts.
(c) Reports and Studies.--
(1) Reports.--Not later than February 1, 2010, the Attorney
General shall submit to the Committee on Foreign Affairs and the
Committee on the Judiciary of the House of Representatives and
the Committee on Foreign Relations and the Committee on the
Judiciary of the Senate reports on the following:
(A) Activities or actions, in fiscal years 2001
through 2009, by Federal departments and agencies to
enforce the offenses set forth in chapter 117 of title
18, United States Code, including information regarding
the number of prosecutions, the number of convictions,
an identification of multiple-defendant cases and the
results thereof, and, for fiscal years 2008 and 2009,
the number of prosecutions, the number of convictions,
and an identification of multiple-defendant case and the
results thereof, the use of expanded statutes of
limitation and other tools to prosecute crimes against
children who reached the age of eighteen years since the
time the crime was committed.
(B) The interaction, in Federal human trafficking
prosecutions in fiscal years 2001 through 2010, of
Federal restitution provisions with those provisions of
law allowing restoration and remission of criminally and
civilly forfeited property, including the distribution
of proceeds among multiple victims.
(C) Activities or actions, in fiscal years 2001
through 2010, to enforce the offenses set forth in
chapters 95 and
[[Page 122 STAT. 5084]]
96 of title 18, United States Code, in cases involving
human trafficking, sex trafficking, or prostitution
offenses.
(D) Activities or actions, in fiscal years 2008 and
2009, by Federal departments and agencies to enforce the
offenses set forth in the Act of August 15, 1935 (49
Stat. 651; D.C. Code 22-2701 et seq.) (relating to
prostitution and pandering), including information
regarding the number of prosecutions, the number of
convictions, and an identification of multiple-defendant
cases and the results thereof.
(2) Studies.--Subject to availability of appropriations, the
head of the National Institute of Justice shall conduct--
(A) a comprehensive study to examine the use of
Internet-based businesses and services by criminal
actors in the sex industry, and to disseminate best
practices for investigation and prosecution of
trafficking and prostitution offenses involving the
Internet; and
(B) a comprehensive study to examine the application
of State human trafficking statutes, including such
statutes based on the model law developed by the
Department of Justice, cases prosecuted thereunder, and
the impact, if any, on enforcement of other State
criminal statutes.
(3) Studies previously required by law.--
<<NOTE: Deadline. Reports.>> Not later than 90 days after the
date of the enactment of this Act, the Attorney General shall
report to the Committee on Foreign Affairs and the Committee on
the Judiciary of the House of Representatives and the Committee
on Foreign Relations and the Committee on the Judiciary of the
Senate on the status of the studies required by paragraph (B)(i)
and (ii) of section 201(a)(1) of the Trafficking Victims
Protection Reauthorization Act of 2005 (42 U.S.C. 14044(a)(1))
and indicate the projected date when such studies will be
completed.
SEC. 238. PROCESSING OF CERTAIN VISAS.
(a) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit to the
Committee on Foreign Affairs and the Committee on the Judiciary of the
House of Representatives and the Committee on Foreign Relations and the
Committee on the Judiciary of the Senate a report on the operations of
the specially-trained Violence Against Women Act Unit at the Citizenship
and Immigration Service's Vermont Service Center.
(b) Elements.--The report required by subsection (a) shall include
the following elements:
(1) Detailed information about the funds expended to support
the work of the Violence Against Women Act Unit at the Vermont
Service Center.
(2) A description of training for adjudicators, victim
witness liaison officers, managers, and others working in the
Violence Against Women Act Unit, including general training and
training on confidentiality issues.
(3) Measures taken to ensure the retention of specially-
trained staff within the Violence Against Women Act Unit.
(4) Measures taken to ensure the creation and retention of a
core of supervisory staff within the Violence Against Women Act
Unit and the Vermont Service Center with responsibility over
resource allocation, policy, program development,
[[Page 122 STAT. 5085]]
training and other substantive or operational issues affecting
the Unit, who have historical knowledge and experience with the
Trafficking Victims Protection Act of 2000, the Violence Against
Women Act of 1994, Violence Against Women Act of 1994
confidentiality, and the specialized policies and procedures of
the Department of Homeland Security and its predecessor agencies
in such cases.
(5) Measures taken to ensure routine consultation between
the Violence Against Women Act Unit, U.S. Citizenship and
Immigration Services Headquarters, and the Office of Policy and
Strategy during the development of any Department of Homeland
Security regulations or policies that impact Violence Against
Women Act of 1994 confidentiality-protected victims and their
derivative family members.
(6) Information on any circumstances in which victim-based
immigration applications have been adjudicated by entities other
than the Violence Against Women Act Unit at the Vermont Service
Center, including reasons for such action and what steps, if
any, were taken to ensure that such applications were handled by
trained personnel and what steps were taken to comply with the
confidentiality provisions of the Violence Against Women Act of
1994.
(7) Information on the time in which it takes to adjudicate
victim-based immigration applications, including the issuance of
visas, work authorization and deferred action in a timely manner
consistent with the safe and competent processing of such
applications, and steps taken to improve in this area.
SEC. 239. <<NOTE: 8 USC 1351 note.>> TEMPORARY INCREASE IN FEE
FOR CERTAIN CONSULAR SERVICES.
(a) Increase in Fee.-- <<NOTE: Deadline.>> Notwithstanding any other
provision of law, not later than October 1, 2009, the Secretary of State
shall increase by $1 the fee or surcharge assessed under section 140(a)
of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
(Public Law 103-236; 8 U.S.C. 1351 note) for processing machine-readable
nonimmigrant visas and machine-readable combined border crossing
identification cards and nonimmigrant visas.
(b) Deposit of Amounts.--Notwithstanding section 140(a)(2) of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236; 8 U.S.C. 1351 note), the additional amount collected
pursuant the fee increase under subsection (a) shall be deposited in the
Treasury.
(c) Duration of Increase.-- <<NOTE: Termination date.>> The fee
increase authorized under subsection (a) shall terminate on the date
that is 3 years after the first date on which such increased fee is
collected.
TITLE III--AUTHORIZATIONS OF APPROPRIATIONS
SEC. 301. TRAFFICKING VICTIMS PROTECTION ACT OF 2000.
Section 113 of the Trafficking Victims Protection Act of 2000, as
amended by section 213(a)(2), <<NOTE: 22 USC 7110.>> is amended--
(1) in subsection (a)--
(A) in the first sentence--
(i) by striking ``section 104, and''; and
[[Page 122 STAT. 5086]]
(ii) by striking ``$1,500,000'' and all that
follows through ``$5,500,000 for each of the
fiscal years 2006 and 2007'' and inserting
``$5,500,000 for each of the fiscal years 2008
through 2011''; and
(B) in the second sentence--
(i) by striking ``for official reception and
representation expenses $3,000'' and inserting
``$1,500,000 for additional personnel for each of
the fiscal years 2008 through 2011, and $3,000 for
official reception and representation expenses'';
and
(ii) by striking ``2006 and 2007'' and
inserting ``2008 through 2011'';
(2) in subsection (b)(1), by striking ``$5,000,000'' and all
that follows and inserting ``$12,500,000 for each of the fiscal
years 2008 through 2011'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``2004, 2005, 2006, and 2007''
each place it appears and inserting ``2008 through
2011''; and
(ii) in subparagraph (B), by adding at the end
the following: ``To carry out the purposes of
section 107(a)(1)(F), there are authorized to be
appropriated to the Secretary of State $1,000,000
for each of the fiscal years 2008 through 2011.'';
(B) by striking paragraph (2);
(C) by redesignating paragraph (3) as paragraph (2);
and
(D) in paragraph (2), as redesignated--
(i) by striking ``section 104'' and inserting
``sections 116(f) and 502B(h) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151n(f) and
2304(h))''; and
(ii) by striking ``, including the
preparation'' and all that follows and inserting a
period;
(4) in subsection (d)--
(A) in the first sentence, by striking
``$5,000,000'' and all that follows through ``2007'' and
inserting ``$10,000,000 for each of the fiscal years
2008 through 2011''; and
(B) in the second sentence, by striking ``2004,
2005, 2006, and 2007'' and inserting ``2008 through
2011'';
(5) in subsection (e)--
(A) in paragraph (1), by striking ``$5,000,000'' and
all that follows and inserting ``$15,000,000 for each of
the fiscal years 2008 through 2011.'';
(B) in paragraph (2)--
(i) by striking ``section 109'' and inserting
``section 134 of the Foreign Assistance Act of
1961 (22 U.S.C. 2152d)''; and
(ii) by striking ``$5,000,000'' and all that
follows and inserting ``$15,000,000 for each of
the fiscal years 2008 through 2011.''; and
(C) in paragraph (3), by striking ``$300,000'' and
all that follows and inserting ``$2,000,000 for each of
the fiscal years 2008 through 2011.'';
(6) in subsection (f), by striking ``$5,000,000'' and all
that follows and inserting ``$10,000,000 for each of the fiscal
years 2008 through 2011.'';
[[Page 122 STAT. 5087]]
(7) in subsection (h), by striking ``fiscal year 2006'' and
inserting ``each of the fiscal years 2008 through 2011''; and
(8) in subsection (i), by striking ``2006 and 2007'' and
inserting ``2008 through 2011''.
SEC. 302. TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF
2005.
The Trafficking Victims Protection Reauthorization Act of 2005
(Public Law 109-164) is amended--
(1) in section 102(b)(7), <<NOTE: 22 USC 7105 note.>> by
striking ``2006 and 2007'' and inserting ``2008 through 2011'';
(2) in section 201(c)-- <<NOTE: 42 USC 14044.>>
(A) in paragraph (1), by striking ``$2,500,000 for
each of the fiscal years 2006 and 2007'' each place it
appears and inserting ``$1,500,000 for each of the
fiscal years 2008 through 2011''; and
(B) in paragraph (2), by striking ``2006 and 2007''
and inserting ``2008 through 2011'';
(3) in section 202(d), <<NOTE: 42 USC 14044a.>> by striking
``$10,000,000 for each of the fiscal years 2006 and 2007'' and
inserting ``$8,000,000 for each of the fiscal years 2008 through
2011'';
(4) in section 203(g), <<NOTE: 42 USC 14044b.>> by striking
``2006 and 2007'' and inserting ``2008 through 2011''; and
(5) in section 204(d), <<NOTE: 42 USC 14044c.>> by striking
``$25,000,000 for each of the fiscal years 2006 and 2007'' and
inserting ``$20,000,000 for each of the fiscal years 2008
through 2011''.
SEC. 303. <<NOTE: 22 USC 7110 note.>> RULE OF CONSTRUCTION.
The amendments made by sections 301 and 302 may not be construed to
affect the availability of funds appropriated pursuant to the
authorizations of appropriations under the Trafficking Victims
Protection Act of 2000 (division A of Public Law 106-386; 22 U.S.C. 7101
et seq.) and the Trafficking Victims Protection Reauthorization Act of
2005 (Public Law 109-164) before the date of the enactment of this Act.
SEC. 304. TECHNICAL AMENDMENTS.
(a) Trafficking Victims Protection Act of 2000.--Sections 103(1) and
105(d)(7) of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102(1) and 7103(d)(7)) are each amended by striking ``Committee on
International Relations'' each place it appears and inserting
``Committee on Foreign Affairs''.
(b) Trafficking Victims Protection Reauthorization Act of 2005.--
Section 102(b)(6) and subsections (c)(2)(B)(i) and (e)(2) of section
104 <<NOTE: 22 USC 7109a, 7111.>> of the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164) are amended by striking
``Committee on International Relations'' each place it appears and
inserting ``Committee on Foreign Affairs''.
TITLE IV-- <<NOTE: Child Soldiers Prevention Act of 2008.>> CHILD
SOLDIERS PREVENTION
SEC. 401. <<NOTE: 22 USC 2151 note.>> SHORT TITLE.
This title may be cited as the ``Child Soldiers Prevention Act of
2008''.
[[Page 122 STAT. 5088]]
SEC. 402. <<NOTE: 22 USC 2370c.>> DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) Child soldier.--Consistent with the provisions of the
Optional Protocol to the Convention of the Rights of the Child,
the term ``child soldier''--
(A) means--
(i) any person under 18 years of age who takes
a direct part in hostilities as a member of
governmental armed forces;
(ii) any person under 18 years of age who has
been compulsorily recruited into governmental
armed forces;
(iii) any person under 15 years of age who has
been voluntarily recruited into governmental armed
forces; or
(iv) any person under 18 years of age who has
been recruited or used in hostilities by armed
forces distinct from the armed forces of a state;
and
(B) includes any person described in clauses (ii),
(iii), or (iv) of subparagraph (A) who is serving in any
capacity, including in a support role such as a cook,
porter, messenger, medic, guard, or sex slave.
SEC. 403. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States Government should condemn the
conscription, forced recruitment, or use of children by
governments, paramilitaries, or other organizations;
(2) the United States Government should support and, to the
extent practicable, lead efforts to establish and uphold
international standards designed to end the abuse of human
rights described in paragraph (1);
(3) the United States Government should expand ongoing
services to rehabilitate recovered child soldiers and to
reintegrate such children back into their respective communities
by--
(A) offering ongoing psychological services to help
such children--
(i) to recover from the trauma suffered during
their forced military involvement;
(ii) to relearn how to interact with others in
nonviolent ways so that such children are no
longer a danger to their respective communities;
and
(iii) by taking into consideration the needs
of girl soldiers, who may be at risk of exclusion
from disarmament, demobilization, and
reintegration programs;
(B) facilitating reconciliation with such
communities through negotiations with traditional
leaders and elders
[[Page 122 STAT. 5089]]
to enable recovered abductees to resume normal lives in
such communities; and
(C) providing educational and vocational assistance;
(4) the United States should work with the international
community, including, as appropriate, third country governments,
nongovernmental organizations, faith-based organizations, United
Nations agencies, local governments, labor unions, and private
enterprises--
(A) to bring to justice rebel and paramilitary
forces that kidnap children for use as child soldiers;
(B) to recover those children who have been
abducted; and
(C) to assist such children to be rehabilitated and
reintegrated into their respective communities;
(5) the Secretary of State, the Secretary of Labor, and the
Secretary of Defense should coordinate programs to achieve the
goals described in paragraph (3);
(6) United States diplomatic missions in countries in which
the use of child soldiers is an issue, whether or not such use
is supported or sanctioned by the governments of such countries,
should include in their mission program plans a strategy to
achieve the goals described in paragraph (3);
(7) United States diplomatic missions in countries in which
governments use or tolerate child soldiers should develop
strategies, as part of annual program planning--
(A) to promote efforts to end such abuse of human
rights; and
(B) to identify and integrate global best practices,
as available, into such strategies to avoid duplication
of effort; and
(8) in allocating or recommending the allocation of funds or
recommending candidates for programs and grants funded by the
United States Government, United States diplomatic missions
should give serious consideration to those programs and
candidates that are expected to promote the end to the abuse of
human rights described in this section.
SEC. 404. <<NOTE: 22 USC 2370c-1.>> PROHIBITION.
(a) In General.--Subject to subsections (b), (c), and (d), the
authorities contained in section 516 or 541 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j or 2347) or section 23 of the Arms Export
Control Act (22 U.S.C. 2763) may not be used to provide assistance to,
and no licenses for direct commercial sales of military equipment may be
issued to, the government of a country that is clearly identified,
pursuant to subsection (b), for the most recent year preceding the
fiscal year in which the authorities or license would have been used or
issued in the absence of a violation of this title, as having
governmental armed forces or government-supported armed groups,
including paramilitaries, militias, or civil defense forces, that
recruit and use child soldiers.
(b) Identification and Notification to Countries in Violation of
Standards.--
(1) Publication of list of foreign governments.--The
Secretary of State shall include a list of the foreign
governments that have violated the standards under this title
and are subject to the prohibition in subsection (a) in the
report required under
[[Page 122 STAT. 5090]]
section 110(b) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7107(b)).
(2) Notification of foreign countries.--The Secretary of
State shall formally notify any government identified pursuant
to subsection (a).
(c) National Interest Waiver.--
(1) Waiver.--The President may waive the application to a
country of the prohibition in subsection (a) if the President
determines that such waiver is in the national interest of the
United States.
(2) Publication and notification.--
<<NOTE: Deadline. President.>> Not later than 45 days after each
waiver is granted under paragraph (1), the President shall
notify the appropriate congressional committees of the waiver
and the justification for granting such waiver.
(d) Reinstatement of Assistance.--The President may provide to a
country assistance otherwise prohibited under subsection (a) upon
certifying to the appropriate congressional committees that the
government of such country--
(1) has implemented measures that include an action plan and
actual steps to come into compliance with the standards outlined
in section 404(b); and
(2) has implemented policies and mechanisms to prohibit and
prevent future government or government-supported use of child
soldiers and to ensure that no children are recruited,
conscripted, or otherwise compelled to serve as child soldiers.
(e) Exception for Programs Directly Related To Addressing the
Problem of Child Soldiers or Professionalization of the Military.--
(1) In general.--The President may provide assistance to a
country for international military education, training, and
nonlethal supplies (as defined in section 2557(d)(1)(B) of title
10, United States Code) otherwise prohibited under subsection
(a) upon certifying to the appropriate congressional committees
that--
(A) the government of such country is taking
reasonable steps to implement effective measures to
demobilize child soldiers in its forces or in
government-supported paramilitaries and is taking
reasonable steps within the context of its national
resources to provide demobilization, rehabilitation, and
reintegration assistance to those former child soldiers;
and
(B) the assistance provided by the United States
Government to the government of such country will go to
programs that will directly support professionalization
of the military.
(2) Limitation.--The exception under paragraph (1) may not
remain in effect for a country for more than 5 years.
SEC. 405. <<NOTE: 22 USC 2370c-2.>> REPORTS.
(a) Investigation of Allegations Regarding Child Soldiers.--United
States missions abroad shall thoroughly investigate reports of the use
of child soldiers.
(b) Information for Annual Human Rights Reports.--In preparing those
portions of the annual Human Rights Report that relate to child soldiers
under sections 116 and 502B of the Foreign
[[Page 122 STAT. 5091]]
Assistance Act of 1961 (22 U.S.C. 2151n(f) and 2304(h)), the Secretary
of State shall ensure that such reports include a description of the use
of child soldiers in each foreign country, including--
(1) trends toward improvement in such country of the status
of child soldiers or the continued or increased tolerance of
such practices; and
(2) the role of the government of such country in engaging
in or tolerating the use of child soldiers.
(c) Annual Report to Congress.-- <<NOTE: President.>> If, during any
of the 5 years following the date of the enactment of this Act, a
country is notified pursuant to section 404(b)(2), or a wavier is
granted pursuant to section 404(c)(1), the President shall submit a
report to the appropriate congressional committees not later than June
15 of the following year. The report shall include--
(1) a list of the countries receiving notification that they
are in violation of the standards under this title;
(2) a list of any waivers or exceptions exercised under this
title;
(3) justification for any such waivers and exceptions; and
(4) a description of any assistance provided under this
title pursuant to the issuance of such waiver.
SEC. 406. TRAINING FOR FOREIGN SERVICE OFFICERS.
Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is
amended by adding at the end the following:
``(c) The Secretary of State, with the assistance of other relevant
officials, shall establish as part of the standard training provided for
chiefs of mission, deputy chiefs of mission, and other officers of the
Service who are or will be involved in the assessment of child soldier
use or the drafting of the annual Human Rights Report instruction on
matters related to child soldiers, and the substance of the Child
Soldiers Prevention Act of 2008.''.
SEC. 407. <<NOTE: 22 USC 2370c note.>> EFFECTIVE DATE;
APPLICABILITY.
This title, and the amendments made by this title, shall take effect
180 days after the date of the enactment of this Act.
Approved December 23, 2008.
LEGISLATIVE HISTORY--H.R. 7311:
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CONGRESSIONAL RECORD, Vol. 154 (2008):
Dec. 10, considered and passed House and Senate.
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