[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 972 Engrossed in House (EH)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  1st Session
                                H. R. 972

_______________________________________________________________________

                                 AN ACT


 
  To authorize appropriations for fiscal years 2006 and 2007 for the 
  Trafficking Victims Protection Act of 2000, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Trafficking 
Victims Protection Reauthorization Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
        TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS

Sec. 101. Prevention of trafficking in conjunction with post-conflict 
                            and humanitarian emergency assistance.
Sec. 102. Protection of victims of trafficking in persons.
Sec. 103. Enhancing prosecutions of trafficking in persons offenses.
Sec. 104. Enhancing United States efforts to combat trafficking in 
                            persons.
Sec. 105. Additional activities to monitor and combat forced labor and 
                            child labor.
          TITLE II--COMBATTING DOMESTIC TRAFFICKING IN PERSONS

Sec. 201. Prevention of domestic trafficking in persons.
Sec. 202. Establishment of grant program to develop, expand, and 
                            strengthen assistance programs for certain 
                            persons subject to trafficking.
Sec. 203. Protection of juvenile victims of trafficking in persons.
Sec. 204. Enhancing State and local efforts to combat trafficking in 
                            persons.
Sec. 205. Report to Congress.
Sec. 206. Senior Policy Operating Group.
Sec. 207. Definitions.
              TITLE III--AUTHORIZATIONS OF APPROPRIATIONS

Sec. 301. Authorizations of appropriations.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The United States has demonstrated international 
        leadership in combating human trafficking and slavery through 
        the enactment of 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 2003 
        (Public Law 108-193).
            (2) The United States Government currently estimates that 
        600,000 to 800,000 individuals are trafficked across 
        international borders each year and exploited through forced 
        labor and commercial sex exploitation. An estimated 80 percent 
        of such individuals are women and girls.
            (3) Since the enactment of the Trafficking Victims 
        Protection Act of 2000, United States efforts to combat 
        trafficking in persons have focused primarily on the 
        international trafficking in persons, including the trafficking 
        of foreign citizens into the United States.
            (4) Trafficking in persons also occurs within the borders 
        of a country, including the United States.
            (5) No known studies exist that quantify the problem of 
        trafficking in children for the purpose of commercial sexual 
        exploitation in the United States. According to a report issued 
        by researchers at the University of Pennsylvania in 2001, as 
        many as 300,000 children in the United States are at risk for 
        commercial sexual exploitation, including trafficking, at any 
        given time.
            (6) Runaway and homeless children in the United States are 
        highly susceptible to being domestically trafficked for 
        commercial sexual exploitation. According to the National 
        Runaway Switchboard, every day in the United States, between 
        1,300,000 and 2,800,000 runaway and homeless youth live on the 
        streets. One out of every seven children will run away from 
        home before the age of 18.
            (7) Following armed conflicts and during humanitarian 
        emergencies, indigenous populations face increased security 
        challenges and vulnerabilities which result in myriad forms of 
        violence, including trafficking for sexual and labor 
        exploitation. Foreign policy and foreign aid professionals 
        increasingly recognize the increased activity of human 
        traffickers in post-conflict settings and during humanitarian 
        emergencies.
            (8) There is a need to protect populations in post-conflict 
        settings and humanitarian emergencies from being trafficked for 
        sexual or labor exploitation. The efforts of aid agencies to 
        address the protection needs of, among others, internally 
        displaced persons and refugees are useful in this regard. 
        Nonetheless, there is a need for further integrated programs 
        and strategies at the United States Agency for International 
        Development, the Department of State, and the Department of 
        Defense to combat human trafficking, including through 
        protection and prevention methodologies, in post-conflict 
        environments and during humanitarian emergencies.
            (9) International and human rights organizations have 
        documented a correlation between international deployments of 
        military and civilian peacekeepers and aid workers and a 
        resulting increase in the number of women and girls trafficked 
        into prostitution in post-conflict regions.
            (10) The involvement of employees and contractors of the 
        United States Government and members of the Armed Forces in 
        trafficking in persons, facilitating the trafficking in 
        persons, or exploiting the victims of trafficking in persons is 
        inconsistent with United States laws and policies and 
        undermines the credibility and mission of United States 
        Government programs in post-conflict regions.
            (11) Further measures are needed to ensure that United 
        States Government personnel and contractors are held 
        accountable for involvement with acts of trafficking in 
        persons, including by expanding United States criminal 
        jurisdiction to all United States Government contractors 
        abroad.

        TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS

SEC. 101. PREVENTION OF TRAFFICKING IN CONJUNCTION WITH POST-CONFLICT 
              AND HUMANITARIAN EMERGENCY ASSISTANCE.

    (a) Amendment.--Section 106 of the Trafficking Victims Protection 
Act of 2000 (22 U.S.C. 7104) is amended by adding at the end the 
following new subsection:
    ``(h) Prevention of Trafficking in Conjunction With Post-Conflict 
and Humanitarian Emergency Assistance.--The United States Agency for 
International Development, the Department of State, and the Department 
of Defense shall incorporate anti-trafficking and protection measures 
for vulnerable populations, particularly women and children, into their 
post-conflict and humanitarian emergency assistance and program 
activities.''.
    (b) Study and Report.--
            (1) Study.--
                    (A) In general.--The Secretary of State and the 
                Administrator of the United States Agency for 
                International Development, in consultation with the 
                Secretary of Defense, shall conduct a study regarding 
                the threat and practice of trafficking in persons 
                generated by post-conflict and humanitarian emergencies 
                in foreign countries.
                    (B) Factors.--In carrying out the study, the 
                Secretary of State and the Administrator of the United 
                States Agency for International Development shall 
                examine--
                            (i) the vulnerabilities to human 
                        trafficking of commonly affected populations, 
                        particularly women and children, generated by 
                        post-conflict and humanitarian emergencies;
                            (ii) the various forms of trafficking in 
                        persons, both internal and trans-border, 
                        including both sexual and labor exploitation;
                            (iii) a collection of best practices 
                        implemented to date to combat human trafficking 
                        in such areas; and
                            (iv) proposed recommendations to better 
                        combat trafficking in persons in conjunction 
                        with post-conflict reconstruction and 
                        humanitarian emergencies assistance.
            (2) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of State and the 
        Administrator of the United States Agency for International 
        Development, with the concurrence of the Secretary of Defense, 
        shall transmit to the Committee on International Relations and 
        the Committee on Armed Services of the House of Representatives 
        and the Committee on Foreign Relations and the Committee on 
        Armed Services of the Senate a report that contains the results 
        of the study conducted pursuant to paragraph (1).

SEC. 102. PROTECTION OF VICTIMS OF TRAFFICKING IN PERSONS.

    (a) Access to Information.--Section 107(c)(2) of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7105(c)(2)) is amended by 
adding at the end the following new sentence: ``To the extent 
practicable, victims of severe forms of trafficking shall have access 
to information about federally funded or administered anti-trafficking 
programs that provide services to victims of severe forms of 
trafficking.''.
    (b) Establishment of Pilot Program for Residential Rehabilitative 
Facilities for Victims of Trafficking.--
            (1) Study.--
                    (A) In general.--Not later than 180 days after the 
                date of the enactment of this Act, the Administrator of 
                the United States Agency for International Development 
                shall carry out a study to identify best practices for 
                the rehabilitation of victims of trafficking in group 
                residential facilities in foreign countries.
                    (B) Factors.--In carrying out the study under 
                subparagraph (A), the Administrator shall--
                            (i) investigate factors relating to the 
                        rehabilitation of victims of trafficking in 
                        group residential facilities, such as the 
                        appropriate size of such facilities, services 
                        to be provided, length of stay, and cost; and
                            (ii) give consideration to ensure the 
                        safety and security of victims of trafficking, 
                        provide alternative sources of income for such 
                        victims, assess and provide for the educational 
                        needs of such victims, including literacy, and 
                        assess the psychological needs of such victims 
                        and provide professional counseling, as 
                        appropriate.
            (2) Pilot program.--Upon completion of the study carried 
        out pursuant to paragraph (1), the Administrator of the United 
        States Agency for International Development shall establish and 
        carry out a pilot program to establish residential treatment 
        facilities in foreign countries for victims of trafficking 
        based upon the best practices identified in the study.
            (3) Purposes.--The purposes of the pilot program 
        established pursuant to paragraph (2) are to--
                    (A) provide benefits and services to victims of 
                trafficking, including shelter, psychological 
                counseling, and assistance in developing independent 
                living skills;
                    (B) assess the benefits of providing residential 
                treatment facilities for victims of trafficking, as 
                well as the most efficient and cost-effective means of 
                providing such facilities; and
                    (C) assess the need for and feasibility of 
                establishing additional residential treatment 
                facilities for victims of trafficking.
            (4) Selection of sites.--The Administrator of the United 
        States Agency for International Development shall select 2 
        sites at which to operate the pilot program established 
        pursuant to paragraph (2).
            (5) Form of assistance.--In order to carry out the 
        responsibilities of this subsection, the Administrator of the 
        United States Agency for International Development shall enter 
        into contracts with, or make grants to, organizations with 
        relevant expertise in the delivery of services to victims of 
        trafficking.
            (6) Report.--Not later than one year after the date on 
        which the first pilot program is established pursuant to 
        paragraph (2), the Administrator of the United States Agency 
        for International Development shall submit to the Committee on 
        International Relations of the House of Representatives and the 
        Committee on Foreign Relations of the Senate a report on the 
        implementation of this subsection.
            (7) Authorization of appropriations.--There are authorized 
        to be appropriated to the Administrator of the United States 
        Agency for International Development to carry out this 
        subsection $2,500,000 for each of the fiscal years 2006 and 
        2007.

SEC. 103. ENHANCING PROSECUTIONS OF TRAFFICKING IN PERSONS OFFENSES.

    (a) Extraterritorial Jurisdiction Over Certain Trafficking in 
Persons Offenses.--
            (1) In general.--Part II of title 18, United States Code, 
        is amended by inserting after chapter 212 the following new 
        chapter:

``CHAPTER 212A--EXTRATERRITORIAL JURISDICTION OVER CERTAIN TRAFFICKING 
                          IN PERSONS OFFENSES

``Sec.
``3271. Trafficking in persons offenses committed by persons employed 
                            by or accompanying the Federal Government 
                            outside the United States.
``3272. Definitions.
``Sec. 3271. Trafficking in persons offenses committed by persons 
              employed by or accompanying the Federal Government 
              outside the United States
    ``(a) Whoever, while employed by or accompanying the Federal 
Government outside the United States, engages in conduct outside the 
United States that would constitute an offense under chapter 77 or 117 
of this title if the conduct had been engaged in within the United 
States or within the special maritime and territorial jurisdiction of 
the United States shall be punished as provided for that offense.
    ``(b) No prosecution may be commenced against a person under this 
section if a foreign government, in accordance with jurisdiction 
recognized by the United States, has prosecuted or is prosecuting such 
person for the conduct constituting such offense, except upon the 
approval of the Attorney General or the Deputy Attorney General (or a 
person acting in either such capacity), which function of approval may 
not be delegated.
``Sec. 3272. Definitions
    ``As used in this chapter:
            ``(1) The term `employed by the Federal Government outside 
        the United States' means--
                    ``(A) employed as a civilian employee of the 
                Federal Government, as a Federal contractor (including 
                a subcontractor at any tier), or as an employee of a 
                Federal contractor (including a subcontractor at any 
                tier);
                    ``(B) present or residing outside the United States 
                in connection with such employment; and
                    ``(C) not a national of or ordinarily resident in 
                the host nation.
            ``(2) The term `accompanying the Federal Government outside 
        the United States' means--
                    ``(A) a dependant of--
                            ``(i) a civilian employee of the Federal 
                        Government; or
                            ``(ii) a Federal contractor (including a 
                        subcontractor at any tier) or an employee of a 
                        Federal contractor (including a subcontractor 
                        at any tier);
                    ``(B) residing with such civilian employee, 
                contractor, or contractor employee outside the United 
                States; and
                    ``(C) not a national of or ordinarily resident in 
                the host nation.''.
            (2) Clerical amendment.--The table of chapters at the 
        beginning of such part is amended by inserting after the item 
        relating to chapter 212 the following new item:

``212A. Extraterritorial jurisdiction over certain              3271''.
                            trafficking in persons offenses.
    (b) Laundering of Monetary Instruments.--Section 1956(c)(7)(B) of 
title 18, United States Code, is amended--
            (1) in clause (v), by striking ``or'' at the end;
            (2) in clause (vi), by adding ``or'' at the end; and
            (3) by adding at the end the following new clause:
                            ``(vii) trafficking in persons, selling or 
                        buying of children, sexual exploitation of 
                        children, or transporting, recruiting or 
                        harboring a person, including a child, for 
                        commercial sex acts;''.
    (c) Definition of Racketeering Activity.--Section 1961(1)(B) of 
title 18, United States Code, is amended by striking ``1581-1591'' and 
inserting ``1581-1592''.
    (d) Civil and Criminal Forfeitures.--
            (1) In general.--Chapter 117 of title 18, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 2428. Forfeitures
    ``(a) In General.--The court, in imposing sentence on any person 
convicted of a violation of this chapter, shall order, in addition to 
any other sentence imposed and irrespective of any provision of State 
law, that such person shall forfeit to the United States--
            ``(1) such person's interest in any property, real or 
        personal, that was used or intended to be used to commit or to 
        facilitate the commission of such violation; and
            ``(2) any property, real or personal, constituting or 
        derived from any proceeds that such person obtained, directly 
        or indirectly, as a result of such violation.
    ``(b) Property Subject to Forfeiture.--
            ``(1) In general.--The following shall be subject to 
        forfeiture to the United States and no property right shall 
        exist in them:
                    ``(A) Any property, real or personal, used or 
                intended to be used to commit or to facilitate the 
                commission of any violation of this chapter.
                    ``(B) Any property, real or personal, that 
                constitutes or is derived from proceeds traceable to 
                any violation of this chapter.
            ``(2) Applicability of chapter 46.--The provisions of 
        chapter 46 of this title relating to civil forfeitures shall 
        apply to any seizure or civil forfeiture under this 
        subsection.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``2428. Forfeitures.''.

SEC. 104. ENHANCING UNITED STATES EFFORTS TO COMBAT TRAFFICKING IN 
              PERSONS.

    (a) Appointment to 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--
            (1) by striking ``the Director of Central Intelligence'' 
        and inserting ``the Director of National Intelligence''; and
            (2) by inserting ``, the Secretary of Defense, the 
        Secretary of Homeland Security'' after ``the Director of 
        National Intelligence'' (as added by paragraph (1)).
    (b) Minimum Standards for the Elimination of Trafficking.--
            (1) Amendments.--Section 108(b) of the Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7106(b)) is amended--
                    (A) in paragraph (3), by adding at the end before 
                the period the following: ``, measures to reduce the 
                demand for commercial sex acts and for participation in 
                international sex tourism by nationals of the country, 
                measures to ensure that its nationals who are deployed 
                abroad as part of a peacekeeping or other similar 
                mission do not engage in or facilitate severe forms of 
                trafficking in persons or exploit victims of such 
                trafficking, and measures to prevent the use of forced 
                labor or child labor in violation of international 
                standards''; and
                    (B) in the first sentence of paragraph (7), by 
                striking ``persons,'' and inserting ``persons, 
                including nationals of the country who are deployed 
                abroad as part of a peacekeeping or other similar 
                mission who engage in or facilitate severe forms of 
                trafficking in persons or exploit victims of such 
                trafficking,''.
            (2) Effective date.--The amendments made by subparagraphs 
        (A) and (B) of paragraph (1) take effect beginning two years 
        after the date of the enactment of this Act.
    (c) Research.--
            (1) Amendments.--Section 112A of the Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7109a) is amended--
                    (A) in the first sentence of the matter preceding 
                paragraph (1)--
                            (i) by striking ``The President'' and 
                        inserting ``(a) In General.--The President''; 
                        and
                            (ii) by striking ``the Director of Central 
                        Intelligence'' and inserting ``the Director of 
                        National Intelligence'';
                    (B) in paragraph (3), by adding at the end before 
                the period the following: ``, particularly HIV/AIDS'';
                    (C) by adding at the end the following new 
                paragraphs:
            ``(4) Subject to subsection (b), the interrelationship 
        between trafficking in persons and terrorism, including the use 
        of profits from trafficking in persons to finance terrorism.
            ``(5) An effective mechanism for quantifying the number of 
        victims of trafficking on a national, regional, and 
        international basis.
            ``(6) The abduction and enslavement of children for use as 
        soldiers, including steps taken to eliminate the abduction and 
        enslavement of children for use as soldiers and recommendations 
        for such further steps as may be necessary to rapidly end the 
        abduction and enslavement of children for use as soldiers.''; 
        and
                    (D) by further adding at the end the following new 
                subsections:
    ``(b) Role of Human Smuggling and Trafficking Center.--The research 
initiatives described in subsection (a)(4) shall be carried out by the 
Human Smuggling and Trafficking Center (established pursuant to section 
7202 of the Intelligence Reform and Terrorism Prevention Act of 2004 
(Public Law 108-458)).
    ``(c) Definitions.--In this section:
            ``(1) AIDS.--The term `AIDS' means the acquired immune 
        deficiency syndrome.
            ``(2) HIV.--The term `HIV' means the human immunodeficiency 
        virus, the pathogen that causes AIDS.
            ``(3) HIV/AIDS.--The term `HIV/AIDS' means, with respect to 
        an individual, an individual who is infected with HIV or living 
        with AIDS.''.
            (2) Report.--
                    (A) In general.--Not later than one year after the 
                date of the enactment of this Act, the Human Smuggling 
                and Trafficking Center (established pursuant to section 
                7202 of the Intelligence Reform and Terrorism 
                Prevention Act of 2004 (Public Law 108-458)) shall 
                submit to the appropriate congressional committees a 
                report on the results of the research initiatives 
                carried out pursuant to section 112A(4) of the 
                Trafficking Victims Protection Act of 2000 (as added by 
                paragraph (1)(C) of this subsection).
                    (B) Definition.--In this paragraph, the term 
                ``appropriate congressional committees'' means--
                            (i) the Committee on International 
                        Relations and the Committee on the Judiciary of 
                        the House of Representatives; and
                            (ii) the Committee on Foreign Relations and 
                        the Committee on the Judiciary of the Senate.
    (d) Foreign Service Officer Training.--Section 708(a) of the 
Foreign Service Act of 1980 (22 U.S.C. 4028(a)) is amended--
            (1) in the matter preceding paragraph (1), by inserting ``, 
        the Director of the Office to Monitor and Combat Trafficking,'' 
        after ``the International Religious Freedom Act of 1998'';
            (2) in paragraph (1), by striking ``and'' at the end;
            (3) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(3) instruction on international documents and United 
        States policy on trafficking in persons, including provisions 
        of the Trafficking Victims Protection Act of 2000 (division A 
        of Public Law 106-386; 22 U.S.C. 7101 et seq.) which may affect 
        the United States bilateral relationships.''.
    (e) Prevention of Trafficking by Peacekeepers.--
            (1) Inclusion in trafficking in persons report.--Section 
        110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 
        U.S.C. 7107(b)(1)) is amended--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end;
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(D) information on the measures taken by the 
                United Nations, the Organization for Security and 
                Cooperation in Europe, the North Atlantic Treaty 
                Organization and, as appropriate, other multilateral 
                organizations in which the United States participates, 
                to prevent the involvement of the organization's 
                employees, contractor personnel, and peacekeeping 
                forces in trafficking in persons or the exploitation of 
                victims of trafficking.''.
            (2) Report by secretary of state.--At least 15 days prior 
        to voting for a new or reauthorized peacekeeping mission under 
        the auspices of the United Nations, the North Atlantic Treaty 
        Organization, or any other multilateral organization in which 
        the United States participates (or in an emergency, as far in 
        advance as is practicable), the Secretary of State shall submit 
        to the Committee on International Relations of the House of 
        Representatives, the Committee on Foreign Relations of the 
        Senate, and any other appropriate congressional committee a 
        report that contains--
                    (A) a description of measures taken by the 
                organization to prevent the organization's employees, 
                contractor personnel, and peacekeeping forces serving 
                in the peacekeeping mission from trafficking in 
                persons, exploiting victims of trafficking, or 
                committing acts of sexual exploitation or abuse, and 
                the measures in place to hold accountable any such 
                individuals who engage in any such acts while 
                participating in the peacekeeping mission; and
                    (B) an analysis of the effectiveness of each of the 
                measures referred to in subparagraph (A).

SEC. 105. ADDITIONAL ACTIVITIES TO MONITOR AND COMBAT FORCED LABOR AND 
              CHILD LABOR.

    (a) Activities of the Department of State.--
            (1) Finding.--Congress finds that in the report submitted 
        to Congress by the Secretary of State in June 2005 pursuant to 
        section 110(b) of the Trafficking Victims Protection Act of 
        2000 (22 U.S.C. 7107(b)), the list of countries whose 
        governments do not comply with the minimum standards for the 
        elimination of trafficking and are not making significant 
        efforts to bring themselves into compliance was composed of a 
        large number of countries in which the trafficking involved 
        forced labor, including the trafficking of women into domestic 
        servitude.
            (2) Sense of congress.--It is the sense of Congress that 
        the Director of the Office to Monitor and Combat Trafficking of 
        the Department of State should intensify the focus of the 
        Office on forced labor in the countries described in paragraph 
        (1) and other countries in which forced labor continues to be a 
        serious human rights concern.
    (b) Activities of the Department of Labor.--
            (1) In general.--The Secretary of Labor, acting through the 
        head of the Bureau of International Labor Affairs of the 
        Department of Labor, shall carry out additional activities to 
        monitor and combat forced labor and child labor in foreign 
        countries as described in paragraph (2).
            (2) Additional activities described.--The additional 
        activities referred to in paragraph (1) are--
                    (A) to monitor the use of forced labor and child 
                labor in violation of international standards;
                    (B) to provide information regarding trafficking in 
                persons for the purpose of forced labor to the Office 
                to Monitor and Combat Trafficking of the Department of 
                State for inclusion in trafficking in persons report 
                required by section 110(b) of the Trafficking Victims 
                Protection Act of 2000 (22 U.S.C. 7107(b));
                    (C) to develop and make available to the public a 
                list of goods from countries that the Bureau of 
                International Labor Affairs has reason to believe are 
                produced by forced labor or child labor in violation of 
                international standards;
                    (D) to work with persons who are involved in the 
                production of goods on the list described in 
                subparagraph (C) to create a standard set of practices 
                that will reduce the likelihood that such persons will 
                produce goods using the labor described in such 
                subparagraph; and
                    (E) to consult with other departments and agencies 
                of the United States Government to reduce forced and 
                child labor internationally and ensure that products 
                made by forced labor and child labor in violation of 
                international standards are not imported into the 
                United States.

          TITLE II--COMBATTING DOMESTIC TRAFFICKING IN PERSONS

SEC. 201. PREVENTION OF DOMESTIC TRAFFICKING IN PERSONS.

    (a) Program to Reduce Trafficking in Persons and Demand for 
Commercial Sex Acts in the United States.--
            (1) Comprehensive research and statistical review and 
        analysis of incidents of trafficking in persons and commercial 
        sex acts.--
                    (A) In general.--The Attorney General shall use 
                available data from State and local authorities as well 
                as research data to carry out a biennial comprehensive 
                research and statistical review and analysis of severe 
                forms of trafficking in persons, and a biennial 
                comprehensive research and statistical review and 
                analysis of sex trafficking and unlawful commercial sex 
                acts in the United States, and shall submit to Congress 
                separate biennial reports on the findings.
                    (B) Contents.--The research and statistical review 
                and analysis under this paragraph shall consist of two 
                separate studies, utilizing the same statistical data 
                where appropriate, as follows:
                            (i) The first study shall address severe 
                        forms of trafficking in persons in the United 
                        States and shall include, but need not be 
                        limited to--
                                    (I) the estimated number and 
                                demographic characteristics of persons 
                                engaged in acts of severe forms of 
                                trafficking in persons; and
                                    (II) the number of investigations, 
                                arrests, prosecutions, and 
                                incarcerations of persons engaged in 
                                acts of severe forms of trafficking in 
                                persons by States and their political 
                                subdivisions.
                            (ii) The second study shall address sex 
                        trafficking and unlawful commercial sex acts in 
                        the United States and shall include, but need 
                        not be limited to--
                                    (I) the estimated number and 
                                demographic characteristics of persons 
                                engaged in sex trafficking and 
                                commercial sex acts, including 
                                purchasers of commercial sex acts;
                                    (II) the estimated value in dollars 
                                of the commercial sex economy, 
                                including the estimated average annual 
                                personal income derived from acts of 
                                sex trafficking;
                                    (III) the number of investigations, 
                                arrests, prosecutions, and 
                                incarcerations of persons engaged in 
                                sex trafficking and unlawful commercial 
                                sex acts, including purchasers of 
                                commercial sex acts, by States and 
                                their political subdivisions; and
                                    (IV) a description of the 
                                differences in the enforcement of laws 
                                relating to unlawful commercial sex 
                                acts across the United States.
            (2) Trafficking conference.--
                    (A) In general.--The Attorney General, in 
                consultation and cooperation with the Secretary of 
                Health and Human Services, shall conduct an annual 
                conference in each of the fiscal years 2006, 2007, and 
                2008, and thereafter conduct a biennial conference, 
                addressing severe forms of trafficking in persons and 
                commercial sex acts that occur, in whole or in part, 
                within the territorial jurisdiction of the United 
                States. At each such conference, the Attorney General, 
                or his designee, shall--
                            (i) announce and evaluate the findings 
                        contained in the research and statistical 
                        reviews carried out under paragraph (1);
                            (ii) disseminate best methods and practices 
                        for enforcement of laws prohibiting acts of 
                        severe forms of trafficking in persons and 
                        other laws related to acts of trafficking in 
                        persons, including, but not limited to, best 
                        methods and practices for training State and 
                        local law enforcement personnel on the 
                        enforcement of such laws;
                            (iii) disseminate best methods and 
                        practices for training State and local law 
                        enforcement personnel on the enforcement of 
                        laws prohibiting sex trafficking and commercial 
                        sex acts, including, but not limited to, best 
                        methods for investigating and prosecuting 
                        exploiters and persons who solicit or purchase 
                        an unlawful commercial sex act; and
                            (iv) disseminate best methods and practices 
                        for training State and local law enforcement 
                        personnel on collaborating with social service 
                        providers and relevant nongovernmental 
                        organizations and establishing trust of persons 
                        subjected to commercial sex acts or severe 
                        forms of trafficking in persons.
                    (B) Participation.--Each annual conference 
                conducted under this paragraph shall involve the 
                participation of persons with expertise or professional 
                responsibilities with relevance to trafficking in 
                persons, including, but not limited to--
                            (i) Federal Government officials, including 
                        law enforcement and prosecutorial officials;
                            (ii) State and local government officials, 
                        including law enforcement and prosecutorial 
                        officials;
                            (iii) persons who have been subjected to 
                        severe forms of trafficking in persons or 
                        commercial sex acts;
                            (iv) medical personnel;
                            (v) social service providers and relevant 
                        nongovernmental organizations; and
                            (vi) academic experts.
                    (C) Reports.--The Attorney General and the 
                Secretary of Health and Human Services shall prepare 
                and post on the respective Internet Web sites of the 
                Department of Justice and the Department of Health and 
                Human Services reports on the findings and best 
                practices identified and disseminated at the conference 
                described in this paragraph.
    (b) Termination of Certain Grants, Contracts, and Cooperative 
Agreements.--Section 106(g) of the Trafficking Victims Protection Act 
of 2000 (22 U.S.C. 7104) is amended--
            (1) by striking ``Cooperative Agreements.--'' and all that 
        follows through ``The President shall'' and inserting 
        ``Cooperative Agreements.--The President shall'';
            (2) by striking ``described in paragraph (2)''; and
            (3) by striking paragraph (2).
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated--
            (1) $2,500,000 for each of the fiscal years 2006 and 2007 
        to carry out the activities described in subsection 
        (a)(1)(B)(i) and $2,500,000 for each of the fiscal years 2006 
        and 2007 to carry out the activities described in subsection 
        (a)(1)(B)(ii); and
            (2) $1,000,000 for each of the fiscal years 2006 through 
        2007 to carry out the activities described in subsection 
        (a)(2).

SEC. 202. ESTABLISHMENT OF GRANT PROGRAM TO DEVELOP, EXPAND, AND 
              STRENGTHEN ASSISTANCE PROGRAMS FOR CERTAIN PERSONS 
              SUBJECT TO TRAFFICKING.

    (a) Grant Program.--The Secretary of Health and Human Services may 
make grants to States, Indian tribes, units of local government, and 
nonprofit, nongovernmental victims' service organizations to establish, 
develop, expand, and strengthen assistance programs for United States 
citizens or aliens admitted for permanent residence who are the subject 
of sex trafficking or severe forms of trafficking in persons that 
occurs, in whole or in part, within the territorial jurisdiction of the 
United States.
    (b) Selection Factor.--In selecting among applicants for grants 
under subsection (a), the Secretary shall give priority to applicants 
with experience in the delivery of services to persons who have been 
subjected to sexual abuse or commercial sexual exploitation and to 
applicants who would employ survivors of sexual abuse or commercial 
sexual exploitation as a part of their proposed project.
    (c) Limitation on Federal Share.--The Federal share of a grant made 
under this section may not exceed 75 percent of the total costs of the 
projects described in the application submitted.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated $10,000,000 for each of the fiscal years 2006 and 2007 to 
carry out the activities described in this section.

SEC. 203. PROTECTION OF JUVENILE VICTIMS OF TRAFFICKING IN PERSONS.

    (a) Establishment of Pilot Program.--Not later than 180 days after 
the date of the enactment of this Act, the Secretary of Health and 
Human Services shall establish and carry out a pilot program to 
establish residential treatment facilities in the United States for 
juveniles subjected to trafficking.
    (b) Purposes.--The purposes of the pilot program established 
pursuant to subsection (a) are to--
            (1) provide benefits and services to juveniles subjected to 
        trafficking, including shelter, psychological counseling, and 
        assistance in developing independent living skills;
            (2) assess the benefits of providing residential treatment 
        facilities for juveniles subjected to trafficking, as well as 
        the most efficient and cost-effective means of providing such 
        facilities; and
            (3) assess the need for and feasibility of establishing 
        additional residential treatment facilities for juveniles 
        subjected to trafficking.
    (c) Selection of Sites.--The Secretary of Health and Human Services 
shall select three sites at which to operate the pilot program 
established pursuant to subsection (a).
    (d) Form of Assistance.--In order to carry out the responsibilities 
of this section, the Secretary of Health and Human Services shall enter 
into contracts with, or make grants to, organizations that--
            (1) have relevant expertise in the delivery of services to 
        juveniles who have been subjected to sexual abuse or commercial 
        sexual exploitation; or
            (2) have entered into partnerships with organizations that 
        have expertise as described in paragraph (1) for the purpose of 
        implementing the contracts or grants.
    (e) Report.--Not later than one year after the date on which the 
first pilot program is established pursuant to subsection (a), the 
Secretary of Health and Human Services shall submit to Congress a 
report on the implementation of this section.
    (f) Definition.--In this section, the term ``juvenile subjected to 
trafficking'' means a United States citizen, or alien admitted for 
permanent residence, who is the subject of sex trafficking or severe 
forms of trafficking in persons that occurs, in whole or in part, 
within the territorial jurisdiction of the United States and who has 
not attained 18 years of age at the time the person is identified as 
having been the subject of sex trafficking or severe forms of 
trafficking in persons.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Health and Human Services to carry out 
this section $5,000,000 for each of the fiscal years 2006 and 2007.

SEC. 204. ENHANCING STATE AND LOCAL EFFORTS TO COMBAT TRAFFICKING IN 
              PERSONS.

    (a) Establishment of Grant Program for Law Enforcement.--
            (1) In general.--The Attorney General may make grants to 
        States and local law enforcement agencies to establish, 
        develop, expand, or strengthen programs--
                    (A) to investigate and prosecute acts of severe 
                forms of trafficking in persons, and related offenses, 
                which involve United States citizens, or aliens 
                admitted for permanent residence, and that occur, in 
                whole or in part, within the territorial jurisdiction 
                of the United States;
                    (B) to investigate and prosecute persons who engage 
                in the purchase of commercial sex acts;
                    (C) to educate persons charged with, or convicted 
                of, purchasing or attempting to purchase commercial sex 
                acts; and
                    (D) to educate and train law enforcement personnel 
                in how to establish trust of persons subjected to 
                trafficking and encourage cooperation with prosecution 
                efforts.
            (2) Definition.--In this subsection, the term ``related 
        offenses'' includes violations of tax laws, transacting in 
        illegally derived proceeds, money laundering, racketeering, and 
        other violations of criminal laws committed in connection with 
        an act of sex trafficking or a severe form of trafficking in 
        persons.
    (b) Multi-Disciplinary Approach Required.--Grants under subsection 
(a) may be made only for programs in which the State or local law 
enforcement agency works collaboratively with social service providers 
and relevant nongovernmental organizations, including organizations 
with experience in the delivery of services to persons who are the 
subject of trafficking in persons.
    (c) Limitation on Federal Share.--The Federal share of a grant made 
under this section may not exceed 75 percent of the total costs of the 
projects described in the application submitted.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General to carry out this section 
$25,000,000 for each of the fiscal years 2006 and 2007.

SEC. 205. REPORT TO CONGRESS.

    Section 105(d)(7) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7103(d)(7)) is amended--
            (1) in subparagraph (F), by striking ``and'' at the end;
            (2) by redesignating subparagraph (G) as subparagraph (H); 
        and
            (3) by inserting after subparagraph (F) the following new 
        subparagraph:
                    ``(G) the amount, recipient, and purpose of each 
                grant under sections 202 and 204 of the Trafficking 
                Victims Protection Act of 2005; and''.

SEC. 206. SENIOR POLICY OPERATING GROUP.

    Each Federal department or agency involved in grant activities 
related to combatting trafficking or providing services to persons 
subjected to trafficking inside the United States shall, as the 
department or agency determines appropriate, apprise the Senior Policy 
Operating Group established by section 105(f) of the Victims of 
Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(f)), 
under the procedures established by the Senior Policy Operating Group, 
of such activities of the department or agency to ensure that the 
activities are consistent with the purposes of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7101 et seq.).

SEC. 207. DEFINITIONS.

    In this title:
            (1) Severe forms of trafficking in persons.--The term 
        ``severe forms of trafficking in persons'' has the meaning 
        given the term in section 103(8) of the Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7102(8)).
            (2) Sex trafficking.--The term ``sex trafficking'' has the 
        meaning given the term in section 103(9) of the Trafficking 
        Victims Protection Act of 2000 (22 U.S.C. 7102(9)).
            (3) Commercial sex act.--The term ``commercial sex act'' 
        has the meaning given the term in section 103(3) of the 
        Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(3)).

              TITLE III--AUTHORIZATIONS OF APPROPRIATIONS

SEC. 301. AUTHORIZATIONS OF APPROPRIATIONS.

    Section 113 of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7110) is amended--
            (1) in subsection (a)--
                    (A) by striking ``and $5,000,000'' and inserting 
                ``$5,000,000'';
                    (B) by adding at the end before the period the 
                following: ``, and $5,500,000 for each of the fiscal 
                years 2006 and 2007''; and
                    (C) by further adding at the end the following new 
                sentence: ``In addition, there are authorized to be 
                appropriated to the Office to Monitor and Combat 
                Trafficking for official reception and representation 
                expenses $3,000 for each of the fiscal years 2006 and 
                2007.'';
            (2) in subsection (b), by striking ``2004 and 2005'' and 
        inserting ``2004, 2005, 2006, and 2007'';
            (3) in subsection (c)(1), by striking ``2004 and 2005'' 
        each place it appears and inserting ``2004, 2005, 2006, and 
        2007'';
            (4) in subsection (d), by striking ``2004 and 2005'' each 
        place it appears and inserting ``2004, 2005, 2006, and 2007'';
            (5) in subsection (e)--
                    (A) in paragraphs (1) and (2), by striking ``2003 
                through 2005'' and inserting ``2003 through 2007''; and
                    (B) in paragraph (3), by striking ``$300,000 for 
                fiscal year 2004 and $300,000 for fiscal year 2005'' 
                and inserting ``$300,000 for each of the fiscal years 
                2004 through 2007'';
            (6) in subsection (f), by striking ``2004 and 2005'' and 
        inserting ``2004, 2005, 2006, and 2007''; and
            (7) by adding at the end the following new subsections:
    ``(h) Authorization of Appropriations to Director of the FBI.--
There are authorized to be appropriated to the Director of the Federal 
Bureau of Investigation $15,000,000 for fiscal year 2006, to remain 
available until expended, to investigate severe forms of trafficking in 
persons.
    ``(i) Authorization of Appropriations to the Secretary of Homeland 
Security.--There are authorized to be appropriated to the Secretary of 
Homeland Security, $18,000,000 for each of the fiscal years 2006 and 
2007, to remain available until expended, for investigations by the 
Bureau of Immigration and Customs Enforcement of severe forms of 
trafficking in persons.''.

            Passed the House of Representatives December 14, 2005.

            Attest:

                                                                 Clerk.
109th CONGRESS

  1st Session

                               H. R. 972

_______________________________________________________________________

                                 AN ACT

  To authorize appropriations for fiscal years 2006 and 2007 for the 
  Trafficking Victims Protection Act of 2000, and for other purposes.