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






109th CONGRESS
  1st Session
                                H. R. 972

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 17, 2005

Mr. Smith of New Jersey (for himself, Mr. Lantos, Mr. Payne, Mr. Blunt, 
 Mr. Wolf, Mr. Cardin, Ms. Ros-Lehtinen, Mr. Pitts, Mr. Pence, and Mr. 
Faleomavaega) introduced the following bill; which was referred to the 
Committee on International Relations, and in addition to the Committees 
on Armed Services, Judiciary, and Energy and Commerce, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
  To authorize appropriations for fiscal years 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 persons.
Sec. 102. Protection of victims of trafficking in persons.
Sec. 103. Enhancing prosecutions of trafficking 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 victim service programs for 
                            victims of domestic trafficking.
Sec. 203. Protection of victims of domestic trafficking in persons.
Sec. 204. Investigation by Federal Bureau of Investigation of acts of 
                            domestic trafficking in persons.
Sec. 205. Enhancing State and local efforts to combat trafficking in 
                            persons.
Sec. 206. Definitions.
              TITLE III--AUTHORIZATIONS OF APPROPRIATIONS

Sec. 301. Authorizations of appropriations.
Sec. 302. Investigations by Federal Bureau of Investigations.

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) An estimated 100,000 to 300,000 children in the United 
        States are at risk for commercial sexual exploitation in the 
        United States, 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. 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) A comprehensive strategy is needed to prevent the 
        victimization of United States citizens and nationals through 
        domestic trafficking.
            (8) A project by the United Nations Educational, Scientific 
        and Cultural Organization (UNESCO) in Southeast Asia has 
        documented a linkage between the spread of HIV/AIDS and 
        trafficking in women and girls. Scant other research or 
        statistical data exists regarding the interconnection between 
        trafficking in persons and HIV/AIDS. Further research is needed 
        to determine the extent to which trafficking in persons 
        contributes to the spread of HIV/AIDS and to identify 
        strategies to combat this linkage.
            (9) 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.
            (10) 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 remains a lack of institutionalized 
        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.
            (11) 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.
            (12) 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.
            (13) 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.
            (14) Communities in the United States are not fully 
        informed about sex offenders who are residing or working within 
        those communities because offenders who are convicted in a 
        foreign court of a sexually violent offense, or a criminal 
        offense against a child victim, are not currently encompassed 
        by the Jacob Wetterling Crimes Against Children and Sexually 
        Violent Offender Registration Program carried out under section 
        170101 of the Violent Crime Control and Law Enforcement Act of 
        1994 (42 U.S.C. 14701), as amended by Megan's Law (Public Law 
        104-145;110 Stat. 1345).

        TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS

SEC. 101. PREVENTION OF TRAFFICKING IN PERSONS.

    (a) Prevention of Trafficking in Conjunction With Post-Conflict and 
Humanitarian Emergency Assistance.--
            (1) 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.''.
            (2) Study and report.--
                    (A) Study.--
                            (i) 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.
                            (ii) 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.
                    (B) 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 shall submit to the Committee 
                on International Relations of the House of 
                Representatives and the Committee on Foreign Relations 
                of the Senate a report that contains--
                            (i) the results of the study conducted 
                        pursuant to subparagraph (A); and
                            (ii) specific recommendations to combat 
                        trafficking in persons by departments and 
                        agencies of the United States Government that 
                        are responsible for post-conflict and 
                        humanitarian emergency strategy and assistance 
                        programs, including the Office of Transition 
                        Initiatives and the Office of Foreign Disaster 
                        Assistance of the United States Agency for 
                        International Development, the Office of the 
                        Coordinator for Reconstruction and 
                        Stabilization and the Bureau of Population, 
                        Refugees, and Migration of the Department of 
                        State, and relevant Department of Defense 
                        entities that are carrying out or assisting in 
                        the conduct of such programs.
            (3) Implementation of recommendations.--To the maximum 
        extent practicable and in consultation with the congressional 
        committees specified in paragraph (2)(B), the Administrator of 
        the United States Agency for International Development, the 
        Secretary of State, the Secretary of Defense, and the heads of 
        other relevant departments and agencies of the United States 
        Government shall take such actions as are necessary to 
        implement the recommendations contained in the report under 
        paragraph (2)(B)(ii) as soon as practicable after the date of 
        the submission of the report.
    (b) Extension of Sexually Violent Offender Registration Program to 
Foreign Offenses.--
            (1) In general.--Subsection (b)(7) of section 170101 of the 
        Violent Crime Control and Law Enforcement Act of 1994 (42 
        U.S.C. 14071) is amended--
                    (A) in the matter preceding subparagraph (A) by 
                striking ``convicted in another State'' and inserting 
                ``convicted outside that State''; and
                    (B) in subparagraph (A) by inserting after 
                ``convicted in another State,'' the following: 
                ``convicted of a foreign offense,''.
            (2) Guidelines; implementation by states.--Not later than 
        one year after the date of the enactment of this Act, the 
        Attorney General shall issue revised guidelines to implement 
        the amendments made by paragraph (1). For purposes of 
        subsection (g) of such section 170101, a State shall have until 
        two years from the date on which the Attorney General issues 
        revised guidelines pursuant to the preceding sentence to 
        implement the amendments made by 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 Guardian Ad Litem Program.--Section 462(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 279(b)) is amended by 
adding at the end the following new paragraph:
            ``(4) Appointment of guardian ad litem for child victim of 
        trafficking.--
                    ``(A) In general.--If the Director of the Office of 
                Refugee Resettlement has reason to believe that an 
                unaccompanied alien child is a victim of a severe form 
                of trafficking in persons (as defined in section 
                107(b)(1)(C)(ii)(I) of the Trafficking Victims 
                Protection Act of 2000 (22 U.S.C. 
                7105(b)(1)(C)(ii)(I))), the Director may appoint a 
                guardian ad litem who meets the qualifications 
                described in subparagraph (B) for the child. The 
                Director is encouraged, wherever practicable, to 
                arrange with a nongovernmental organization for the 
                selection of an individual to be appointed as a 
                guardian ad litem under this paragraph.
                    ``(B) Qualifications of guardian ad litem.--No 
                person shall serve as a guardian ad litem under this 
                paragraph unless the person--
                            ``(i) is a child welfare professional or 
                        other individual who has received training in 
                        child welfare matters; and
                            ``(ii) has received training on the nature 
                        of problems encountered by victims of 
                        trafficking.
                    ``(C) Duties.--The guardian ad litem shall take 
                such steps as may be necessary to investigate and 
                report to the Director of the Office of Refugee 
                Resettlement as to whether an unaccompanied alien child 
                is a victim of trafficking. The guardian ad litem 
                shall--
                            ``(i) conduct interviews with the child in 
                        a manner that is appropriate, taking into 
                        account the child's age;
                            ``(ii) investigate the facts and 
                        circumstances relevant to such child's presence 
                        in the United States, including facts and 
                        circumstances arising in the country of the 
                        child's nationality or last habitual residence 
                        and facts and circumstances arising subsequent 
                        to the child's departure from such country;
                            ``(iii) work with counsel, if the child is 
                        represented by counsel, to identify the child's 
                        eligibility for relief from removal or 
                        voluntary departure by sharing with counsel 
                        information collected under clause (ii);
                            ``(iv) develop recommendations on issues 
                        relative to the child's custody, detention, 
                        release, and repatriation;
                            ``(v) take reasonable steps to ensure that 
                        the best interests of the child are promoted 
                        while the child participates in, or is subject 
                        to, proceedings or matters under the 
                        Immigration and Nationality Act (8 U.S.C. 1101 
                        et seq.); and
                            ``(vi) take reasonable steps to ensure that 
                        the child understands the nature of the legal 
                        proceedings or matters and determinations made 
                        by the court, and ensure that all information 
                        is conveyed in an age-appropriate manner.
                    ``(D) Determination of eligibility for benefits and 
                services.--The Director of the Office of Refugee 
                Resettlement shall consider the report provided by the 
                guardian ad litem in determining whether an alien child 
                is a victim of a severe form of trafficking in persons 
                eligible for services pursuant to section 107(b)(1)(A) 
                of the Trafficking Victims Protection Act of 2000 (22 
                U.S.C. 7105(b)(1)(A)).
                    ``(E) Termination of appointment.--The guardian ad 
                litem shall carry out the duties described in 
                subparagraph (C) until one of the following occurs:
                            ``(i) Such duties are completed.
                            ``(ii) The child departs the United States.
                            ``(iii) The child is granted permanent 
                        resident status in the United States;
                            ``(iv) The child attains the age of 18.
                            ``(v) The child is placed in the custody of 
                        a parent, legal guardian, or licensed child 
                        welfare agency.
                    ``(F) Powers.--The guardian ad litem--
                            ``(i) shall have reasonable access to the 
                        child, including access while such child is 
                        being held in detention, in the care of a 
                        foster family, or in any other temporary living 
                        arrangement;
                            ``(ii) shall be permitted to review all 
                        records and information relating to such 
                        proceedings that are not deemed privileged or 
                        classified;
                            ``(iii) may seek independent evaluations of 
                        the child;
                            ``(iv) shall be notified in advance of all 
                        hearings or interviews involving the child that 
                        are held in connection with proceedings or 
                        matters under the Immigration and Nationality 
                        Act (8 U.S.C. 1101 et seq.) or in connection 
                        with the investigation or prosecution of a 
                        severe form of trafficking in persons (as 
                        defined in section 103 of the Trafficking 
                        Victims Protection Act of 2000 (22 U.S.C. 
                        7103)), and shall be given a reasonable 
                        opportunity to be present at such hearings or 
                        interviews;
                            ``(v) shall be permitted to consult with 
                        the child during any hearing or interview 
                        involving such child; and
                            ``(vi) shall be provided at least 24 hours 
                        advance notice of a transfer of that child to a 
                        different placement, absent compelling and 
                        unusual circumstances warranting the transfer 
                        of such child prior to notification.
                    ``(G) Training.--The Director of the Office for 
                Refugee Resettlement is authorized to provide training 
                for all persons serving as guardians ad litem under 
                this section in the circumstances and conditions that 
                child victims of trafficking face and immigration 
                benefits or other rights under the Trafficking Victims 
                Protection Act of 2000 (22 U.S.C. 7101 et seq.) for 
                which such child might be eligible.
                    ``(H) Authorization of appropriations.--There are 
                authorized to be appropriated to the Secretary of 
                Health and Human Services such sums as may be necessary 
                to carry out this paragraph. ''.
    (c) Access to Counsel.--Section 107(c) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7105(c)) is amended by adding at the 
end the following new paragraph:
            ``(5) Access to counsel.--
                    ``(A) Access to counsel.--Victims of severe forms 
                of trafficking, while in the custody of the Federal 
                Government, shall not be denied access to counsel in 
                any proceeding or matter relating to the investigation 
                and prosecution of the act of trafficking involved.
                    ``(B) Information.--Victims of severe forms of 
                trafficking shall receive information about their right 
                to access to counsel under subparagraph (A). To the 
                maximum extent practicable, victims of severe forms of 
                trafficking shall receive contact information for 
                nongovernmental organizations that receive funding from 
                the Federal Government to provide counsel or other 
                assistance to victims of trafficking.''.
    (d) 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, nonprofit 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 OFFENSES.

    (a) Extraterritorial Jurisdiction Over Federal Contractors.--
            (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 FEDERAL CONTRACTORS

``Sec.
``3271. Criminal offenses committed by Federal contractors outside the 
                            United States.
``3272. Definition.
``Sec. 3271. Criminal offenses committed by Federal contractors outside 
              the United States
    ``(a) Whoever, while an extraterritorial Federal contractor, 
engages in conduct outside the United States that would constitute an 
offense punishable by imprisonment for more than 1 year if the conduct 
had been engaged in 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. Definition
    ``As used in this chapter, the term `extraterritorial Federal 
contractor' means a person--
            ``(1) employed as a contractor (including a subcontractor 
        at any tier), or as an employee of a contractor (or 
        subcontractor at any tier), of any Federal agency;
            ``(2) present or residing outside the United States in 
        connection with such employment; and
            ``(3) 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 Federal              3271''.
                            contractors.
    (b) New UCMJ Offenses.--
            (1) In general.--Subchapter X of chapter 47 of title 10, 
        United States Code (the Uniform Code of Military Justice), is 
        amended by inserting after section 920 (article 120) the 
        following new sections:
``Sec. 920a. Art. 120a. Sex trafficking
    ``Any person subject to this chapter who knowingly recruits, 
entices, harbors, transports, provides, or obtains by any means a 
person, knowing that--
            ``(1) force, fraud, or coercion will be used to cause that 
        person to engage in a commercial sex act; or
            ``(2) the person has not attained the age of eighteen years 
        and will be caused to engage in a commercial sex act,
is guilty of sex trafficking and shall be punished as a court-martial 
may direct.
``Sec. 920b. Art. 120b. Trafficking for labor or services
    ``Any person subject to this chapter who knowingly recruits, 
harbors, transports, provides, or obtains by any means a person for 
labor or services--
            ``(1) by threats of serious harm to, or physical restraint 
        against, that person or another person;
            ``(2) by means of any scheme, plan, or pattern intended to 
        cause the person to believe that, if the person did not perform 
        such labor or services, that person or another person would 
        suffer serious harm or physical restraint; or
            ``(3) by means of the abuse or threatened abuse of law or 
        the legal process,
is guilty of trafficking for labor or services and shall be punished as 
a court-martial may direct.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such subchapter is amended by inserting after the 
        item relating to section 920 (article 120) the following new 
        items:

``920a. 120a. Sex trafficking.
``920b. 120b. Trafficking for labor or services.''.
    (c) 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;''.
    (d) Transportation of Minors.--Section 2423 of title 18, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(h) Enforcement Against United States Citizens in Foreign 
Places.--If a United States Government official attached to a United 
States Embassy in a foreign place becomes aware of a United States 
citizen or an alien admitted for permanent residence in the United 
States who is located in such foreign place and who has traveled in 
foreign commerce in violation of subsection (a), (b), (c), (d), or (e), 
the United States Embassy shall notify local law enforcement 
authorities and shall encourage the prosecution of the individual under 
applicable local laws or the extradition of the individual to the 
United States for the purpose of prosecution under this section.''.

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) Reporting Requirement.--Section 105(d)(7)(D) of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)(D)) is amended by 
adding at the end before the semicolon the following: ``, and with 
respect to each case prosecuted under one or more of these sections, 
the number of victims of trafficking identified in each case and, of 
those victims, the number that have been granted continued presence in 
the United States under section 107(c)(3) or have been granted a visa 
under section 101(a)(15)(T)(i) of the Immigration and Nationality 
Act''.
    (c) Minimum Standards for the Elimination of Trafficking.--Section 
108(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7106(b)) is amended--
            (1) 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
            (2) 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,''.
    (d) Research.--Section 112A of the Trafficking Victims Protection 
Act of 2000 (22 U.S.C. 7109a) is amended--
            (1) in the first sentence of the matter preceding paragraph 
        (1)--
                    (A) by striking ``The President'' and inserting 
                ``(a) In General.--The President''; and
                    (B) by striking ``the Director of Central 
                Intelligence'' and inserting ``the Director of National 
                Intelligence'';
            (2) in paragraph (3), by adding at the end before the 
        period the following: ``, particularly HIV/AIDS'';
            (3) 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
            (4) 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.''.
    (e) 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.''.
    (f) 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) Prevention of trafficking in connection with 
        peacekeeping operations.--
                    (A) Certification by secretary of state.--At least 
                15 days prior to voting for or otherwise officially 
                endorsing a new, reauthorized, or expanded 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 the case of a peacekeeping mission 
                to respond to 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 certification that contains--
                            (i) a determination that the organization 
                        has taken appropriate measures 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 illegal sexual exploitation 
                        and to hold accountable any such individuals 
                        who engage in any such acts while participating 
                        in the peacekeeping mission; and
                            (ii) a detailed description of each of the 
                        measures referred to in clause (i).
                    (B) Provision of united states logistical 
                support.--
                            (i) Requirement.--The United States may 
                        provide logistical support for or deploy 
                        personnel, including civilian police, 
                        observers, or members of the United States 
                        Armed Forces in support of a 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 only on or after the date on which 
                        the Secretary of State submits to a Congress a 
                        certification described in subparagraph (A).
                            (ii) Exception.--Notwithstanding the 
                        failure of the Secretary of State to submit a 
                        certification pursuant to subparagraph (A) with 
                        respect to a peacekeeping mission described in 
                        such subparagraph, support described in clause 
                        (i) may be made available for the peacekeeping 
                        mission on or after the date on which the 
                        Secretary of State submits to Congress a letter 
                        that contains--
                                    (I) an explanation as to why the 
                                certification required by subparagraph 
                                (A) has not been provided;
                                    (II) a description of the steps 
                                taken by the United States to encourage 
                                the organization to take the 
                                appropriate measures described in 
                                subparagraph (A); and
                                    (III) a certification that, 
                                notwithstanding the failure of the 
                                organization to take the appropriate 
                                measures described in subparagraph (A), 
                                the Secretary of State has determined 
                                that voting for or otherwise officially 
                                endorsing the peacekeeping mission is 
                                in the national interests of United 
                                States.
            (3) Department of defense director of anti-trafficking 
        policies.--
                    (A) Establishment.--The Secretary of Defense shall 
                designate within the Office of the Secretary of Defense 
                a director of anti-trafficking policies. The director 
                shall be responsible for overseeing the implementation 
                within the Department of Defense of policies relating 
                to trafficking in persons, including policies of the 
                Department and policies of the Federal Government 
                (including policies contained in National Security 
                Presidential Directive 22) as they relate to the 
                Department. The Secretary may not assign to the 
                director any responsibilities not related to 
                trafficking in persons.
                    (B) Duties.--The director designated under 
                subparagraph (A) shall, in consultation with other 
                relevant elements of the Department--
                            (i) ensure that training materials and 
                        instructional programs relating to trafficking 
                        in persons are developed and used by the 
                        military departments;
                            (ii) consult regularly with academicians, 
                        faith-based organizations, multilateral 
                        organizations, nongovernmental organizations, 
                        and others with expertise in combating 
                        trafficking in persons, regarding the 
                        Department's implementation of policies 
                        relating to trafficking in persons;
                            (iii) conduct surveys of members of the 
                        Armed Forces and of employees of the Department 
                        to assess attitudes and knowledge regarding 
                        trafficking in persons and use the results of 
                        those surveys to develop training materials and 
                        instructional programs relating to trafficking 
                        in persons;
                            (iv) ensure that trafficking in persons is 
                        included as an intelligence requirement in 
                        peacekeeping missions that track organized 
                        crime;
                            (v) ensure the proper handling of cases in 
                        which a member of the Armed Forces or an 
                        employee or contractor of the Department is 
                        alleged to have engaged in or facilitated an 
                        act of trafficking in persons and in such cases 
                        encourage, as appropriate, implementation of 
                        chapter 212 of title 18, United States Code 
                        (commonly referred to as the Military 
                        Extraterritorial Jurisdiction Act of 2000) and 
                        the Trafficking Victims Protection Act of 2000;
                            (vi) ensure that the Department implements 
                        the commitments relating to trafficking in 
                        persons agreed to by the United States in the 
                        context of the North Atlantic Treaty 
                        Organization, the United Nations, and other 
                        multilateral organizations, as those 
                        commitments relate to the Department;
                            (vii) establish a mechanism to ensure that 
                        neither the Department nor any contractor (or 
                        subcontractor at any tier) of the Department 
                        rehires an employee of such a contractor (or 
                        subcontractor) who engaged in a severe form of 
                        trafficking in persons while the contract is in 
                        effect;
                            (viii) include the subject of trafficking 
                        in persons in military-to-military contact 
                        programs;
                            (ix) in consultation with the Office of the 
                        Inspector General of the Department, 
                        investigate links between trafficking in 
                        persons and deployments of members of the Armed 
                        Forces and contractors of the Department;
                            (x) consult with contractors of the 
                        Department on programs to prevent trafficking 
                        in persons and on accountability structures 
                        relating to trafficking in persons; and
                            (xi) perform such other related duties as 
                        the Secretary may require.
                    (C) Resources.--The director designated under 
                subparagraph (A) shall have sufficient staff and 
                resources to carry out the responsibilities and duties 
                described in this paragraph.
                    (D) Rank.--The director designated under 
                subparagraph (A) shall have the rank of assistant 
                secretary.
    (g) FBI Investigations.--From amounts made available to carry out 
this subsection (including amounts made available pursuant to the 
authorization of appropriations in section 302), the Director of the 
Federal Bureau of Investigation shall investigate acts of severe forms 
of trafficking in persons other than domestic trafficking in persons 
(as defined in section 206).

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

    (a) 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 subsection 
(b).
    (b) Additional Activities Described.--The additional activities 
referred to in subsection (a) are--
            (1) to monitor the use of forced labor and child labor in 
        violation of international standards;
            (2) 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));
            (3) 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;
            (4) to work with persons who are involved in the production 
        of goods on the list described in paragraph (3) to create a 
        standard set of practices that will reduce the likelihood that 
        such persons will produce goods using the labor described in 
        such paragraph; and
            (5) 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 Demand for Commercial Sex Acts.--
            (1) Program.--The Secretary of Health and Human Services 
        shall identify best practices to reduce the demand for 
        commercial sex acts in the United States and shall carry out a 
        program to implement such best practices.
            (2) Report.--The Secretary shall prepare and post on the 
        Internet Web site of the Department of Health and Human 
        Services a report on the best practices identified under 
        paragraph (1).
            (3) Definitions.--In this subsection, 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)).
    (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) in paragraph (1), by striking ``described in paragraph 
        (2)''; and
            (2) by striking paragraph (2).

SEC. 202. ESTABLISHMENT OF GRANT PROGRAM TO DEVELOP, EXPAND, AND 
              STRENGTHEN VICTIM SERVICE PROGRAMS FOR VICTIMS OF 
              DOMESTIC TRAFFICKING.

    (a) Grant Program.--Subject to the availability of appropriations, 
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 develop, expand, and 
strengthen victim service programs for victims of domestic trafficking.
    (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 runaway or homeless 
youth, including youth who have been subjected to sexual abuse or 
commercial sexual exploitation, and to applicants who would employ 
survivors of commercial sexual exploitation as 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.

SEC. 203. PROTECTION OF VICTIMS OF DOMESTIC 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 
minor victims of domestic trafficking.
    (b) Purposes.--The purposes of the pilot program established 
pursuant to subsection (a) are to--
            (1) provide benefits and services to minor victims of 
        domestic trafficking, including shelter, psychological 
        counseling, and assistance in developing independent living 
        skills;
            (2) assess the benefits of providing residential treatment 
        facilities for minor victims of domestic 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 minor victims 
        of domestic trafficking.
    (c) Selection of Sites.--The Secretary of Health and Human Services 
shall select 3 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, nonprofit organizations with 
relevant expertise in the delivery of services to runaway or homeless 
youth, including youth who have been subjected to sexual abuse or 
commercial sexual exploitation.
    (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) 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. INVESTIGATION BY FEDERAL BUREAU OF INVESTIGATION OF ACTS OF 
              DOMESTIC TRAFFICKING IN PERSONS.

    From amounts made available to carry out this section (including 
amounts made available pursuant to the authorization of appropriations 
in section 302), the Director of the Federal Bureau of Investigation 
shall investigate acts of domestic trafficking in persons.

SEC. 205. ENHANCING STATE AND LOCAL EFFORTS TO COMBAT TRAFFICKING IN 
              PERSONS.

    (a) Establishment of Grant Program for Law Enforcement.--
            (1) In general.--Subject to the availability of 
        appropriations, the Attorney General may make grants to States 
        and local law enforcement agencies to develop, expand, or 
        strengthen programs to investigate and prosecute acts of 
        domestic trafficking in persons.
            (2) Multi-disciplinary approach required.--Grants under 
        paragraph (1) may be made only for programs in which the State 
        or local law enforcement agency works collaboratively with 
        victim service providers and other relevant nongovernmental 
        organizations, including faith-based organizations and 
        organizations with experience in the delivery of services to 
        youth who have been subjected to sexual abuse or commercial 
        sexual exploitation.
            (3) Limitation on federal share.--The Federal share of a 
        grant made under this subsection may not exceed 75 percent of 
        the total costs of the projects described in the application 
        submitted.
    (b) Improved Interagency Coordination to Combat Domestic 
Trafficking.--Section 206(a)(1) of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5616(a)(1)) is amended by inserting 
``, the Director of the Office to Monitor and Combat Trafficking of the 
Department of State'' after ``the Commissioner of Immigration and 
Naturalization''.

SEC. 206. DEFINITIONS.

    In this title:
            (1) Domestic trafficking in persons.--The term ``domestic 
        trafficking in persons'' means a severe form of trafficking in 
        persons as defined by section 103(8) of the Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7102(8)), which occurs wholly 
        within the territorial jurisdiction of the United States.
            (2) Victim of domestic trafficking.--The term ``victim of 
        domestic trafficking'' means a person subjected to an act or 
        practice described in paragraph (1).
            (3) Minor victim of domestic trafficking.--The term ``minor 
        victim of domestic trafficking'' means a person subjected to an 
        act or practice described in paragraph (1) who has not attained 
        18 years of age at the time the person is identified as a 
        victim of domestic trafficking.

              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''; and
            (6) in subsection (f), by striking ``2004 and 2005'' and 
        inserting ``2004, 2005, 2006, and 2007''.

SEC. 302. INVESTIGATIONS BY FEDERAL BUREAU OF INVESTIGATIONS.

    There are authorized to be appropriated to the Director of the 
Federal Bureau of Investigation to carry out sections 204 and 104(g) 
$15,000,000 for fiscal year 2006, to remain available until expended.
                                 <all>